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HomeMy WebLinkAbout1971-05-03MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, May 3, 1971 Mayor McCracken called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend Ralph E. Jason - First Baptist Church of Huntington Village. ROLL CALL Councilmen Present: Shipley, Gibbs, Green, Coen, McCracken, Matney(arrived 4:57 P.M.), Bartlett(arrived Councilmen Absent: None PROCLAMATION - AMERICAN LEGION AUXILIARY #133 - BUDDY POPPIES 7:30 P.M.) Miss Barbara Ann Davis, daughter of Mr. and Mrs. Arley Davis, Poppy Chairmen for the American Legion Auxiliary #133, presented the Mayor with a Buddy Poppy which had been assembled by disabled veterans of foreign wars. Mayor McCracken then urged all citizens to support the purchase of Buddy Poppies on May 21 and 22 and to wear a Buddy Poppy to evidence gratitude to the men who have risked or Lost their lives as a result of their service to the country. CONSENT CALENDAR - fiTEMS APPROVED On motion by Green, the following consent items were approved as recom- mended, by roll call vote: AYES: Councilmen: Shipley, Gibbs, Green, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Matney 1. MINUTES - Approved and adopted minutes of the regular meeting of April 19, 1971, as written and on file in the office of the City Clerk. 10,2 2. GARFIELD AVENUE IMPROVEMENTS - CC-174 Approved plans and specifications for the construction and widening of Garfield Avenue from Beach Boulevard to Brookhurst Street - Project CC-174 - for a project estimate of $205,000.00 to be financed by City funds, State Gas Tax funds, Orange County A.H.F.P. funds, City of Fountain Valley funds, together with some private development funds, and authorized the City Clerk to advertise for bids upon direction from the Director of Public Works that County approval to advertise has been obtained. /cd 3. SUBDIVISION AGREEMENT - TRACT NO. 7290 - W.M LYON DEV. CO. Accepted Monument Bond No. 55 - 91 , Improvement Bond No. 55 -d9ll - (American Casualty Company) - approved and authorized execution of the Subdivision Agreement as recommended by the Director of Public Works. 4. APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM & CLAIM NO. 71-19 Approved the recommendation of the City Attorney and granted the applica- tion of Franklyn Schott for leave to present a late claim against the city for alleged damages to his vehicle in the vicinity of Bushard Street and Castlegate Lane on or about November 29, 1970; denied Claim No. 71-19; and referred same to the city's insurance carrier. 5. CLAIM NO. 71-20 - DEADRA KAY MOTTES - DENIED Approved the recommendation of the City Attorney and denied Claim No. 71-20 filed by Deadra Kay Mottes for alleged damages to her automobile in the vicinity of Warner Avenue and Beach Boulevard on or about April 13, 1971, and referred same to the city's insurance carrier. 465 l-iage 112 - Council Minutes - 5/3/71 {. SUBDIVISION AGREEMENT - TRACT NO. 7352 - PALOS VERDES DEV. Accepted Monument Bond No. 90b54, Improvement Bond No. 9O0 52 - `'Teneral Insurance Company of America) - approved and authorized execution of the Subdivision Agreement as recommended by the Director of �blic Works. 7. OVLrBMYER RESERVOIR - CC-172 Approved plans and specifications for the first phase construction of a 21.5 million gallon reservoir addition at the Overmyer site- Project CC-172 - to be designated Unit #3 - for an estimated cost of $450,000.00 to be financed with Water Department Funds, and directed the Clerk to advertise for bids. 8. REQUEST FOR ENDORSEMENT - H. B. UNION HIGH SCHOOL DISTRICT Approved the recommendation of the City Administrator and ins ructed him to return the endorsement card submitted by the Director of Educational Services and Research, Huntington Beach Union High School District, reaffirming the Council's endorsement of the District's tax override election to be held on June 15, 1971. Y 9. DEVELOPMENT OF AREVALOS, BUSHARD & GISLER PARKSITES CC-170 Approved the recommendation of the Director of Public Works and author- ized construction improvements in Schroeder, Wardlow and Greer Parks - Project CC-170 - in the amount of $19,350.00, to be performed by United Sprinkler - J. E. Slover, contractor for the development of Arevalos, Bushard and Gisler Parks ite s . 10. DESIGN REVIEW �NO. 71-6 - SCHEMATIC & DESIGN DEVELOPMENT PHASE Approved the Schematic and Design Development Phase for the Magnolia Fire Facility as per the city's contract with William Blurock and Partners, and recommended by the City Administrator. 2f 11. DESIGN REVIEW NO. 71-7 - EDISON COMMUNITY PARK Approved the Schematic Design Phase as recommended by the City Adminis- trator and Design Review Board, and authorized the architect to proceed with detailed design elements and construction drawings. i 12. GRAPHICS - EDISON COMMUNITY PARK Approved the recommendation of the City Administrator and Design Review Board and directed that the firm of Blurock and Partners be employed to do the graphics for all requirements of Edison Community Park. kr 13. NOTICE OF COMPLETION - PARKSITE DEVELOPMENT - HOPE VIEW OAK VIEW SUN VIEW, LAKE VIEW - CC-1 - Accepted work on the development of cope View, Lake View, Sun lew and Oak View Parksites - Project CC-144, by United Sprinkler - J. E. Slover, for a final contract amount of $197,969.00, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. RESOLUTIONS On motion by Green, Council directed the Clerk to read Resolution Nos 3320, 3321, 3322, 3323, 3324, 3325 and 3326 by title, waived further reading; and passed and adopted same by the following roll call vote: AYES: Councilmen.: Shipley, NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Gibbs, Green, Coen, McCracken Matney RES. NO. 3320 - ADOPTED - SCENIC HIGHWAY CORRIDOR - PACIFIC COAST FWY. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE STATE DIVISION OF HIGHWAYS TO ESTABLISH A SCENIC HIGHWAY CORRIDOR, AND TO INITIATE A SCENIC HIGHWAY CORRIDOR SURVEY AND HIGHWAY FACILITY STUDY ALONG THAT PORTION OF THE PACIFIC COAST FREEWAY, ROUTE 1, LYING BETWEEN ANAHEIM BAY AND THE SANTA ANA RIVER." 466 Page #3 - Council Minutes - 5/3/71 RES. N0. 3321 - ADOPTED - J-P AGRMT. - LAW ENFORCEMENT COMMUNICATIONS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROV- ING JOINT POWERS AGREEMENT OF LAW ENFORCEMENT COMMUNICATIONS SYSTEM AND AUTHORIZING CITY'S EXECUTION OF SAID AGREEMENT." RES. NO. �tb - ADOPTED - HEIL AVENUE STORM DRAIN - CC-18� "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING HEIL AVENUE STORM DRAIN CC-183 - JOINT PROJECT WITH CITY OF WE,STMINSTER.'� RES. 1,10. '��2� - ADOPTED - INTENT TO FORM ASSESS. DISTRICT - DRAINAGE "A RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF HUNTINGTON BEACH DECLAR- ^NG INTENT TO FORM AN ASSESSMENT DISTRICT TO PROVIDE DRAINAGE." p/- /(: ac„- RES. 140. 3324 - DOPTED - PROPERTY ACQUISITION - CENTRAL PARK - PHASE I "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- GARDING ACQUISITION OF REAL PROPERTY FOR HUNTINGTON CENTRAL PARK, PHASE THE FUNDING OF JUDGMENTS WITH RESPECT TO SAID PROPERTY, AND THE NON - ABANDONMENT OF SUCH PROPERTY." I f� GJrJ Fes' 7. RES . N0. 3325 ''ADOPTED - PROPERTY PURCHASE - CENTRAL PARK EXPANSION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTH- ORIZING THE EXPENDITURE OF A CERTAIN SUM OF MONEY FOR THE PURCHASE OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GOLDENWEST STREET AND SLATER AVENUE,' FOR THE EXPANSION OF HUNTINGTON CENTRAL PARK." I, RES. NO."�26 - ADOPTED - POLICE COMMUNICATIONS COMMAND & CONTROL PROGRAM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELAT- ING TO AN APPLICATION TO THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE FOR GRANT TO ASSIST IN IMPLEMENTATION OF POLICE COMMUNICATIONS COMMAND AND CONTROL PROGRAM." REQUEST FOR ENDORSEMENT - LEGISLATIVE PROPOSALS - REFERRED The.City Administrator informed Council of a communication from Evelle J. Younger, Attorney General of the State of California, setting forth a series of legislative proposals in the fields of criminal justice, environmental control, consumer protection, and the rights and, obliga- tions of 18 year olds, together with a request that the proposals be endorsed by the Council. Mayor McCracken referred this matter to the City Administrator and City Attorney for report and recommendation to Council. 74 SCHEDULE FOR BUDGET SESSIONS The City Administrator recommended that Council set a date to conduct budget studies for the 1971-72 Fiscal Year. Mayor McCracken informed the Cii'y Administrator that Council_ would hold budget study sessions on May 185 19, and. 24,at 5:00 P.M. each day. Councilman Matney arrived at the Council meeting -at 4:57 P.-M. l�1Y AUDITORS FEE - DIEHL, EVANS & COMPANY The City Administrator .informed Council of a Letter Agreement From Diehl., Evans and Company setting forth a maximum fee of $4600 for .audit services for the fiscal year ending June 30, 1972. Councilman Green stated that he believed it would be desireable for the auditing firm which is selected by the city to offer recommendations for improving the city's financial system and to include same in their reports. 46T 1 Page #4 - Council Minutes - 5/3/71 Following discussion, a motion was made by Councilman Matney, to direct the City Administrator to obtain proposals From various auditing firms for ;. ljbmi�; s ion to Council. Motion carried. 5 TOWiJJ(: SERVICE The City Administrator presented a transmittal of recommendations and draft of a resolution relative to the opening of towing service to bid. He stated that these recommendations were the result of a thorough study performed by the Chief of Police, Planning Director and himself. Considerable discussion was held and the City Attorney stated that there would be no need for a public hearing to be held on the matter as revoca- tion of existing Certificates of Need and Necessity would not be necessary. On motion by Matney, Council approved the proposed opening to bid of towing service, as set forth in the Administrator's report, and directed the City Attorney to prepare a resolution for adoption by the Council. Motion carried. } ";z REQUEST FOR CONTRIBUTIONS - PROJECT 21 The City Administrator informed Council of a communication from Project 21 requesting a donation in the amount of $800 to assist in supporting the University of California -Irvine Project 21 Study Teams. He further informed Council that due to the city's budgetary limitations, he would recommend that Project 21 be advised that the city is unable to make a contribution as requested. A motion was made by Councilman Green, that the city pledge a total of $800 to assist in supporting the University of California -Irvine Project 21 Study Teams, provided that the required amount of donations are received from other participating cities. Motion carried. EMPLOYEE -EMPLOYER RELATIONS RESOLUTION The City Administrator informed Council of a request from the Personnel Board for a joint study session with the Council for the purpose of hearing the views of the representatives of all recognized employee organizations, Personnel Board, special counsel and Mr. Herbert Moss, Special Labor Relations Counsel concerning the proposed Employer -Employee Relations Resolution. The City Attorney informed Council that he and Mr. Moss believe that a joint study session would be valuable in working toward the adoption of a fair and workable resolution. Mayor McCracken directed that a joint study session between the Council and Personnel Board be scheduled on Tuesday, June 1, 1971. RECESS - EXECUTIVE SESSION Mayor McCracken called an Executive Session of the Council to discuss personnel matters. The Mayor then called a recess of Council at 5:25 P.M. COUNCIL RECONVENED Mayor McCracken reconvened the Council at 7:43 P.M. PROCLAMATION u- H.B. LIFE SAVING ASSOC. "OCEAN BEACH SAFETY WEEK" Mayor McCracken proclaimed the week beginning May 24, 1971, as "Ocean Beach Safety Week", and spoke regarding the service which the Huntington Beach Surf Life Saving Association renders on the beaches within the city and County, and. urged all citizens to participate in Open House at the City's Harbors and Beaches Department. 46S Page �#5 - Council Minutes - 5/3/71 ORDINANCES FOR ADOPTION On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1642, 1643, 1644, 1645, and 1646 by title, waived further reading and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None ?o _. S" ORD. NO. 1642 - ADOPTED - PERSONNEL SYSTEM "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING, AMENDING AND ADDING CERTAIN SECTIONS OF CHAPTER 18 PERTAINING TO THE PERSONNEL SYSTEM OF SAID CITY." ORD. NO. 16�j - ADOPTED - ZONE CASE NO. 71-1 "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 AT THE FOLLOWING LOCATIONS: THE WEST SIDE OF INTERSECTION OF BROOKHURST AND BUSHARD STREETS; 660 FEET NORTH OF INTERSECTION OF BROOKHURST AND BUSHARD STREETS; WEST SIDE OF GOLDENWEST STREET, SOUTH OF WESTERLY EXTENSION OF ACACIA AVENUE; AND 200 FEET NORTH AND EAST OF INTERSECTION OF GOLDENWEST STREET AND PALM AVENUE (ZONE CHANGE NO. 71-1) . " ORD. NO. 164 - ADOPTED - ZONE CASE NO. 71-2 "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 WEST SIDE OF EDWARDS STREET SOUTH OF SLATER (ZONE CHANGE NO. 71-2)." ORD. NO. 1��5' - ADOPTED - ZONE CASE NO. 71- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON EACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON WEST SIDE OF HUNTINGTON STREET, SOUTH OF ADAMS AVENUE (ZONE CHANGE NO. 71-3)." ORD. NO. 1�46 - ADOPTED - ZONE CASE NO. 71-4 "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 NORTHEAST CORNER OF BUSHARD STREET AND INDIANAPOLIS AVENUE (ZONE CHANGE NO, 71-4)." REPORTS - COUNCIL COMMITTEES Citizens`V olic.v Plan Committee Councilman Coen stated that he and Councilman Matney had met with the Planning Staff to review the second draft of the Preliminary Policy Plan prepared by the Planning Department, and that it was recomm;�n.ded that Council adopt the draft as submitted, with deletion of any reference to airports. On motion by Coen, Council adopted the second draft of the :1reliminary Policy Plan prepared by the Planning Department with deletion of items referring to airports; and directed that a citizens committ�.�e be appointe to chair a larger committee which would review tie city's gnals and objectives using the Preliminary Policy Plan as {heir guideline. Motion carried. �z Oil Committee Councilman Green reported that the Oil Committee would pres.�nt their final draft of the new oil ordinance code in the near future. Page #6 - Council Minutes - 5/3/71 Recycled Paper On Motion_ by Green, Council directed the Environmental Council, assisted yy t--- Aa inistrator, to investigate the feasibility of the city using rec,;cled paper wherever possible, and to report and make recommendations to Co �.�cil. Motion carried. Civic Center`& Library Facility Construction Councilman Matney stated that he believed the Council should have def- inite direction and project limits on the Central Library construction. He stated that, following conversation with the library architects, he favored proceeding with Phase I of the construction and deferring Phase II and Ill to a later date. Considerable discussion was held between the Council and the Develop- ment Coordinator concerning the design and construction phases of the Central Library. On motion by Gibbs, Council directed that Mr. Aubrey Horn be employed as Project Manager for the Civic Center and Central Library Facilities, and directed the City Attorney to prepare a contract for same. Motion carried. The Council requested that the Project Manager and City Administrator, in conjunction with staff, prepare a report regarding the problems involved in the project limits and site of the Central Library, and further that the Administrator be directed to present a report con- cerning the construction project alternates and the city's ability to remain within the present fiscal limits. Urban Lama test itute Symposium Mayor McCracken spoke regarding the Urban Land Institute Symposium held recently in New Orleans and congratulated the city's representatives on their presentations, and especially commended Dr. Henry Kaufman for his presentation of the "Huntington Beach Story". Council expressed their appreciation of Dr. Kaufman's efforts and directed that a Certificate of Commendation be prepared. 3; - ?4, Drug Abuse Prevention Committee Councilman McCracken reported that he had attended a National Institute of Mental Health Film on drug abuse problems, at which time Sgt. Mahan of the Huntington Beach Police Department presented a program on drug abuse for adults, teachers, students and community leaders. The Mayor further stated that he and the School District representatives believe that it was a program worth pursuing in the city. Mayor McCracken informed Council that Police Chief Robitaille would set the committee meeting dates, and urged all Councilmen and those in the community interested to attend. Ic COUNTY TAX COLLECTOR SALES - DEFERRED The Clerk presented a transmittal from the County Tax Collector of a list consisting of 29 parcels of land in Huntington Beach deeded to the State as of July 1, 1970. He further informed Council of a recommenda- lion from the City Administrator that the city purchase only the parcel designated AP No.111-292-14, Code Area 4-010, at a bid of $400, as the - other parcels are postage stamp lots. At the request of the City Administrator, Council directed that action be deferred on this matter to the meeting of May 17, 1971. +� Y HEARING OF PROTESTS MOVE -IN BUILDING The Clerk presented protests to the move -in of a building to be used as a yacht club, onto property located at 4111 Warner Avenue. He stated that this matter had been presented to Council at the meeting of April 5, 1971, at which time action was deferred to this date. T=U Page #7 - Council Minutes - 5/3/71 The City Administrator read a communication from the Director of Building and Safety stating that it was his understanding that the complaints of those protesting had been satisfied at the recent Planning Commission meeting, and that based on this fact, he would recommend approval of the move -in request subject to imposed conditions. The Administrator stated that he concurred with the recommendation of the Director of Building and Safety and would recommend that no action be taken. On motion by Matney, Council approved the recommendation of the City Administrator, and directed that no further action be taken on the matter. Motion carried. -ir? PUBLIC HEARING - APPEAL - ZC 70-20 & CE '(0-52 - MEREDITH - CONTINUED Mayor McCracken announced that this was the day and hour set for a public hearing on an appeal Filed by Joe Evans, Agent.on behalf of Mr. and Mrs. David Meredith, 19341 Beach Boulevard, City, to the denial by the Planning Commission of Zone Case No. 70-20 and Conditional Exception No. 70-52, as follows: 1. Zone Case No. 70-20 - from Ml Light Industrial District to MH Mobilehome District. 2. Conditional Exception No. 70-52 - to permit the con- struction of a 137 space mob ilehome park on 20 acre parcel of land in the ML Light Industrial District. The subject property is located on the south side of Slater Avenue, approximately 660 feet east of Gothard Street. The Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that he had received no com- munications or written protests to Zone Case No. 70-20 and Conditional Exception No. 70-52, or to the recommendation of denial by the Planning Commission, other than the letter of appeal.. The Planning Director addressed Council and requested a continuance of the public hearing to the meeting of May 17, 1971. Mayor McCracken declared the hearing open. On motion by Green, Council continued the hearing on Zone Case No. 70-20 and Conditional Exception No. 70-52 to the meeting of May 1.7, 19711 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None /,,Zi PUBLIC HEARING - ZONE CASE NO. 71-5 - APPROVED Mayor McCracken announced that this was the day and hour set: for a public hearing on Zone Case No. 71-5, on property located on the southwest side of Pacific Coast Highway, from a point midway between 10th and llth Streets to a point 4007 feet northwest of Goldenwest Street, consisting of 11.79 acres of land, for a change of zone from Cl-0 Neighborhood Commercial District to Cl-01 Neighborhood Commercial District, combined with oil production. 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. 71-5, or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval. of Zone Case No. 71-5, and considerable discussion was held between the Council and Planning Director. Mayor McCracken declared the hearinCD g open. 4# Page #8 - Council Minutes - 5/3/71 Mr. Baxter Brown, representing the applicant, Huntington Pacific Corpor- ation, add.ressed Council and stated that the change of zone was necessary to permit redrilling for oil and secondary recovery operations by water injection. Considerable discussion was held between Mr. Baxter and Council on the matter. 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. A motion was made by Councilman Bartlett to sustain the decision of the Planning Commission; approve Zone Case No. 71-5; and direct the City Attorney to prepare an ordinance effecting the change of zone with the stipulation that the second reading of said ordinance be held concurrently with submission to Council of an opinion on the matter from the Board of Zoning Adjustments. Motion carried. PUBLIC HEARING - ZONE CASE NO. 71-6 - PC RES. OF INTENT - DEFERRED Mayor McCracken announced that this was the day and hour set for a public hearing on Zone Case No. 71-6, Planning Commission Resolution of Intent, on property located west of Newland Street, approximately 66'_ feet south of Atlanta Avenue and consists of 13.5 acres of land, `'or a change of zone .from R2 Two Family Residence District and R2-0 Two Family Residence District combined with oil production to R1 Single Family Residence District. 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 Zone Case No. 71-6, or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 71-6. Mayor McCracken declared. the hearing open. Mr. Dale Heinly, Attorney, representing three property owners in the area, addressed Council and. requested that they withhold. rezoning of this property for a six month period. Mr. Fred Ward, 211 Lochlea Lane, City, addressed Council and spoke in opposition to the matter. Per. Charles Cubbin, 21251 Lochlea Lane, City, addressed Council and gave reasons why he opposed rezoning of the property. Mr. Pike, one of the involved property owners, addressed Council and explained the situation on his property relative to the School District's tentative plan to include said property as a part of the proposed inter- mediate school site to be located in this area. 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. A motion was made by Councilman Coen to sustain the decision of the Planning Commission; approve Zone Case No. 71-6 - Planning Commission Resolution of Intent; and direct the City Attorney to prepare an ordinance effecting the change of zone. Following discussion, the motion made by Councilman Caen was withdrawn. On motion by Green, Council directed that a decision on this matter be deferred pending notification from the School District of their inten- tions concerning this property. The City Administrator was directed to request such notification prior to the meeting of May 17, 1971. Motion carried. IV Page #9 - Council Minutes - 5/3/71 /,a � �,1,6' PUBLIC HEARING - PRECISE PLAN ALIGNMENT NO. 71-3 - CONTINUED Mayor McCracken announced that this was the day and hour set for a public hearing on Precise Plan Alignment No. 71-3 to plan the street alignment for Lochlea Lane, Banff Lane, Cupar Lane, and a proposed street parallel to and approximately 660 feet south of Atlanta Avenue. 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 Alignment No. 71-3 or to the recommendation of approval of the Planning Commission. Mayor McCracken declared the hearing open. On motion by Matney, Council continued the hearing on Precise Plan Align- ment No. 71-3 to the meeting of May 17, 1971. Motion carried. PUBLIC HEARING - CODE AMENDMENT NO. 70-14 - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Code Amendment No. 70-14 which would add Section 9730.26 to the Huntington Beach Ordinance Code, to provide, create and maintain a home environment for the care of non -related persons; for the purpose of this section the definition of a family has been modified to eight from five. Care of non -related may be permitted in any residential district, subject to the approval of an Administrative Review applica- tion by the Board of Zoning Adjustments. 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. 70-14 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. 70-14. The Director of Building and Safety addressed Council regarding the pro- posed Code Amendment. Mayor McCracken declared the hearing open. Mr. H. Pritchett, Licensing Supervisor, Department.of Public Welfare, County of orange, addressed Council regarding the manner by which minor children are located. in foster homes by the department. Considerable discussion was held by Council regarding the matter of differentiating between boarding home operation and non-profit type care use under the ordinance code. In response to a question by Councilman Green, the City Attorney informed Council that no business license was required to conduct foster home care in the city. 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 Green, Council sustained the decision of the Planning Com- mission; approved Code Amendment No. 70-14 with the deletion of the last sentence of S. 9730.26.7 (that the decision of the Planning Com- mission shall be final), and directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code. Motion carried. PUBLIC HEARING - PRECISE PLAN NO. 70-6 - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Precise Plan No. 70-6 for the purpose of considering a Precise Plan of Street Alignment; said plan will establish access to and circu- lation within that property bounded by Beach Boulevard on the east, Southern California Edison Company right-of-way on the south, Gothard Street on the west, McFadden Avenue on the north, and the San Diego Freeway on the northeast. 7413 Page #10 - Council Minutes - 5/3/71 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 No. 70-6 or to the 3ecommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Precise Plan No. 70-6. Mayor McCracken declared the hearing open. Mr. Earl Welk, an owner of property in the area, addressed Council in favor of Precise Plan No. 70-6. 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 Green, Council sustained the decision of the Planning Com- mission; approved Precise Plan No. 70-6; and directed the City Attorney to prepare an ordinance effecting the Precise Plan of Street Alignment. Motion carried. RECONSIDERATION REQUESTED - ENDORSEMENT OF TAX OVERRIDE `fir. Edmund P. Sheehan, 8901 Elvira Avenue, Westminster, addressed Council and requested that they reconsider their endorsement of the Huntington Beach Union High School District Tax Override Election to be held June 15, 1971. Discussion was held between the Council and Mr. Sheehan; however, no action was taken by Council. ADJOURNMENT On motion by Green, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:20 P.M. Motion carried. ATTEST: Paul CzWones City Clerk - Paul C .('ones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California e Lll�_ -.e Z_111��11 6 Gq�orge C. McCracken Mayor 44