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HomeMy WebLinkAbout1971-10-04MINUTES Murdy Community Center, Mu.rdy Park Huntington Beach California Monday, October 4, 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 Community Center. The Invocation was given by Reverend John Crumple r, Ellis Avenue Baptist Church. Councilmen Present: Shipley, Bartlett, Green, Matney, Coen, McCracken Gibbs - (arrived at 5:10 P.M.) Councilmen Absent: None CONSENT CALENDAR - (ITEMS DELETED) At the request of Mayor McCracken, Council directed that Item No. 10 pertaining to the final draft of the Joint Exercise of Powers Agre- ement be deleted from the Consent Calendar for separate discussion. CONSENT CALENDAR - ( ITEMS APPROVED) On motion by Bartlett, the following consent items were approved as recommended, by roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Gibbs 1. MINUTES - Approved and adopted minutes of the regular meeting of Sep em er 20, 1971, and the regular adjourned meeting of September 23, 1971, as written and on file in the office of the City Clerk. 2. RELEASE OF LABOR & MATERIA3�1OND NO. 724636b - TRACT NO. 5603 Authorized the release of Labor and Materials Bond No. 724636b for Tract No. 5603 - Kaufman & Broad, 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. �t 3. DESIGN REVIEW NO. 71-7 - EDISON COMMUNITY PARK Approved revisions to the schematic design phase - Edison Community Park, as per the City's contract with Richard Bigler Associates. y 14 4. CLAIM NO. 71-51 - TURNER ET AL - DENIED Denied Claim No. 71-51 filed by Al en, asman and Janger, Attorneys at Law, on behalf of Ronald David Turner, Diana Turner and Gregory Alan Turner, for alleged personal injuries and property damages sus- tained on August 4, 1971, at Pacific Coast Highway and Huntington Street, and referred same to the City's insurance carrier. tiv 5. CLAIM NO. 71-52 - ROSSI CONSTRUCTION COMPANY - DENIED Denied Claim No. 71-52 filed -by Rossi Construction ompany for alleged costs incurred due to construction delay, on or about July 26, 1971, in the vicinity of Pacific Coast Highway north of Warner Avenue, and referred same to the City's insurance carrier. 6. DEDICATION OF IMPROVEMENTS ZuTRACT NO. 5811 - HELEN INVESTMENT CO. Accepted improvements dedicated to public use in Tract No. 5blI - located on the east side of Bushard Street and south of Yorktown Avenue; 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 de- veloper and the Treasurer to notify the bonding company of this action. 7. REIMBURSEMENT - THOMAS H. BERNATZ Approved the reimbursement of 3,300.81 to Thomas H. Bernatz for the construction of an offsite water main at 16871 Beach Boulevard, as recommended by the Dixector of Public Works. Page #2 - Council Minutes - 10/4/71 8. QUITCLAIM DEED - CITY TO OWNER OIL' RECORD Approved and authorized e Mayor and Ci y Clerk to execute a Quit- claim Deed from the City to the owner of record, quitclaiming ease- ment rights for water mains and other incidental purposes in an area west of Goldenwest Street opposite Clay Street, originally reserved by the Huntington Beach Water Company which was purchased by the City. 9. FINAL TRACT MAP NO. 7338 - DERBY LAND COMPANY - APPROVED Accep ed of ers or dedication as shown on Final TractMap No. 7338 - located west of Newland Street, approximately 660 feet south of Slater Avenue; Acreage: 10.003; Lots : 4; Developer: Derby Land Com- pany, Los -Angeles; California; 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 the additional stipulation that the Parks and Recreation fees shall be paid prior to recordation of the final map and that the final map shall be recorded prior to expiration date of Tentative Map No. 7338, on February:2, 1972 i Further instructed -the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after re- ceipt of a writing from such company stating that it will not record said map or cause it to be recorded. until all conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. tfr 10. AUTHORIZATION•FOR REFUND - COAST DEVELOPMENT COMPANY Approved the recommendation of tEe Actrng City m s rator and authorized a refund to Coast Development Company of their $3,200 deposit on two parcels of city property, which because of a com- paction problem were not buildable sites. 11. FINAL TRACT MAP NO. 5257 - COVINGTON BROTHERS - APPROVED Accepted o ers of dedication as shown on Final rac p No. 5257 - located north of Warner Avenue and west of Gothard Street; Acreage: 8.712,• Lots 30; Developer: Covington Brothers, Fullerton, California; adopted the map subject to standard conditions set forth by the De- partment of Public Works and Planning Department in Resolution No. 3056, adopted October 29, 1969, with the additional stipulation that the Park'and­ Recreation fees shall be paid prior-to'the'recordation of the final map and that the final map shall be recorded prior to expiration date of Tentative Tract Map No. 5257, on August 10, 1972. Further instructed the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after re- ceipt of a writing from such company stating that it will not record said map or caus.e it to be recorded until all conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. 12, PUMPS - OVERMEYER ASERVOIR UNIT NO 3 PUMPING PLANT - CC-192 Approved plans an. specificaMns for the mane ac ur g an a very of pumps for the Overmeyer Reservoir Unit No. 3 pumping plan , CC-1921 for an estimated cost of $45,000'to'be financed from water funds; and authorized the City Clerk to advertise for bids when directed by the Director of Public Works. 3 FINAL DRAFT - JOINT EXERCISE OF POWERS AGRMT. - CATV - APPROVED The Clerk presented the final draft of the Joint Exercise of Powers Agreement creating the Public Cable Television Authority for the consideration of Council, The City Attorney and Fire Chief addressed Council concerning a change which had been made to include the wording "notification of" in the second sentence of Section 10 of the proposed agreement. On motion by Green, Council approved the final draft of the Joint Exercise of Powers Agreement creating the Public Cable Television Authority, as amended, ,tnd authorized the Mayor and City Clerk t-) execute same on behalf of the City. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Gibbs 1 2-1 Page #3 - Council Minutes.- 10/4/71 qd =3S Appointments - Steering Committee CATV Joint Powers Agreement On motion by Bartlett,, Council appointed Councilman Coen, as' the City's representative on the,Board. of Directors; Raymond Picard, Fire Chief, and Thomas Severns, Development Coordinator, to repro - ..,sent the City as staff member alternates on the Public Cable Tele vision Authority Steering Committee. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken NOES: Councilmen: None 'ABSENT: Councilmen: Gibbs RECONSIDERATION REQUESTED 1/7USE PERMIT NO.. 71-29 - APPROVED The Acting City Administrator informed Council that he had received a request from Mr. Howard W. Rhodes, representing the landowner of property located on the southwest corner of Atlanta Avenue and New- land Street, for. Council reconsideration of Use Permit No. 71-29 , which proposed to permit the construction of a 232-unit apartment complex pursuant to'Section 9202.3.1.3 of the ordinance 'code and was_ denied by Council on September 20, 1971. Mr. Rhodes add.ressed Council and requested their reconsideration of Use Permit No. 71-29 . Mr. Jerry Shea, representing the Huntington Beach Company addressed Council regarding the matter. Considerable discussion was held by Council. A motion was made by Councilman Matney, that Council reconsider their denial of Use Permit No. 71-29, and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Gibbs A motion was then made by Councilman Matney to set Use Permit No.71-29 for public hearing at the meeting of October 18, 1971; on condition that the application is amended. for a density requirement.of 210 units. rather than 232 units, but was withdrawn before being voted upon On motion by Green, Council approved Use Permit No. 71-29, subject to the conditions that there be no more than 210 units, and that the applicant sign the .agreement of conditions to be prepared by the City Attorney, and that the matter be referred to the Board of Zoning Adjustments for imposition of reasonable conditions on the project. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs ABSTAIN: Councilmen: Coen, McCracken Councilwoman Gibbs arrived at the Council meeting at�5:10 P.M. go r 8i ACQUISITION. OF PROPERTY CENTRAL CITY PARK - APPROVED The Acting'City Administrator informed. Council that the City had acquired a parcel of property in the Central City Park area with an operating business on it, and requested Council authorization to accept the assignment of lease so that the City can receive rental income from said operation. % On motion by Bartlett, Council authorized the City Administrator to accept the assignment of lease on an auto dismantling operation lo- cated on a parcel of property within the Central City Park, area, by the following vote: I AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken NOES: Councilmen: Gibbs ABSENT: Councilmen: None Wage #4 - Council Minutes - 10/4/71 APPLICATION FOR ADDITIONAL FEDERAL GRANT - APPROVED The Acting City Administrator informed Council that due to the City's high unemployment factor, additional Federal funds in the amount of $140,000 have been made available to the city through the Emergency Employment Act. He requested that Council instruct him to make ap- plication to the Federal Government to participate in this new Act. On motion by Green, Council instructed the cting City Administrator to make application to the Federal Government %r the additional $140,000 Federal funding available to the city. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None JOINT MEETING - CITIES OF HUNTINGTON BEACH - FOUNTAIN VALLEY - WEST MINSTE R The Acting City Administrator informed Council of a request from the City of Fountain Valley for a joint meeting between the cities of Huntington Beach, Newport Beach and Westminster to discuss the Route 39 Freeway in an effort to reach an agreement that would be benefi- cial to all concerned. He stated that October 12, 1971, at 5:00 P.M. in the Community Center Building of Fountain Valley was the suggested meeting place and time. Mayor McCracken informed the Acting City Administrator that the Coun- cil concurred with the tentative date proposed by the City of Foun- tain Valley. Council CommitteeAppointed-- Proposed High -Rise Hotel The Acting City Administrator recommended that a Council Committee be appointed to work with developers who have recently contacted the city concerning their interest in building a high-rise hotel structure in the downtown area of the city. Mayor McCracken appointed Councilmen Shipley and Matney to serve as a Council task force to meet with the developers in regard to their proposed project for the downtown area. Joint Meeting Scheduled a' . Management Em loyees Or . & Personnel Board Mayor McCracken stated that he planned to call a meeting of the Coun- cil with the Personnel Board to review criteria relative to personnel employment on October 7, 1971 at 5:30 P.M. in the Administrative Annex to be followed by a meeting with the Management Employees Associa- tion at 7:30 P.M. RECESS - EXECUTIVE SESSION - DINNER Mayor McCracken called arL Executive Session of the Council at 5:20 P.M. to discuss personneli_ matters. The meeting was reconvened at 7:47 P.M. by the Mayor. PRESENTATION OF CERTIFICATE -- SOROPTIMIST CLUB Mayor McCracken presented a Certificate to Mrs. Joyce Minadeo, Pres- ident of t?ze Soroptimist Club of Huntington Beach, on behalf of the Soroptimist Federation of the Americas, in reco�%nition of their cut - standing achievements and leadership in community service projects. PROCLAMATION - MISSING IN ACTION :DAY - LT. CDMR. JAMES PATTERSON USN Mayor McCracken declared October 25, 1971, as Lt. Comr. James Kelly Patterson, U.S.N. - Missing in Action Day and urged all citizens to support the Chamber of Commerce, Junior Woman's Club, and other or- ganizations who are serving to generate public tnd world-wide concern for prisoners of war and men missing in action in Viet Nam. Page #5 - Council Minutes - 10/4/71 The Mayor then introduced Mr. and Mrs. Robert Patterson, parents of Lt. Comr. James Kelly Patterson, who was shot down approximately 50 miles southwest of Hanoi on May 19, 1957, and has not appeared on any lists from Hanoi. He stressed the importance that any settlement in Vietnam include a full accounting of all men missing in action and taken prisoner of war. Library Committee Status of Talbert Avenue Councilman Shipley reported that the plans for the new library were proceeding satisfactorily. Councilman Matney asked the Director of Public Works if the status of Talbert Avenue as it pertains to the Central City Library location had been determined. The Director of Public Works informed Council that the city was con- ducting a phase restudy on the matter and would submit a report in the near future.. rry Water Conservation Plan Councilman Shipley inquired if the City could institute a water sav- ings plan by requiring plumbing fixtures in new residences to have a 4 1/2 gallon water capacity in the toilet tanks rather than the 7 1/2 gallon capacity, which, he claimed, has proved to be unnecessary. He stated that savings could also be gained. by placing a brick in the tank. Following discussion, this matter was referred to the Environmental Council with a request that their organization take every opportunity to inform the citizenry of this inexpensive water saving method. Initiative Petition - Tap of Pier Area On motion by Green, Council directed the Acting City Administrator to conduct a study on the effect which the initiative petition being circulated in the city pertaining to the Top of the Pier Plan will have on the bond financing of the library and civic center. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None Report -Crossing Guard_- Goldenwest Street and Palm Avenue The Director of Public Works informed Council that his office had completed a traffic study report concerning the need for a crossing guard at Palm Avenue and Goldenwest Street, and it was his recommen- dation that no -guard be stationed. at this location. He informed Council that the entire traffic study report would be presented at the Council meeting of October 18, 1971. Report - Median O eni.n-rLiberty Street & Beach Boulevard The Director of Public Works reported that within two or three weeks the left -turn median opening in Liberty Street and Beach Boulevard would be completed.. RES. NO. 3370 - ADOPTED - SUSPENDS CONSTRUCTION PERMITS The Clerk presented Resolution No. 3370 for a reading by title -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUS- PENDING THE ISSUANCE OF BUILDING AND OTHER PERMITS FOR CERTAIN CON- STRUCTION IN STUDY AREAS B AND C." The City Clerk informed Council that they had been provided with the corrected copies of Resolution No. 3370. The City Attorney and Planning Director spoke regarding the various changes contained in Resolution No. 3370. Considerable Discussion was held by Council on the matter. 121-4 Page #6 - Council Minutes - 10/4/71 A motion was made by Councilman Green to direct the Clerk to read Resolution No. 3370 by title, as originally submitted, and was passed by the following vote: AYES: Councilmen: Shipley, Gibbs, Green, Matney, Coen NOES: Councilmen: Bartlett, McCracken ABSENT: Councilmen: None Followl—r ; leading by title, on motion by Green, Council waived fur- ther reading of Resolution No. 3370 as originally submitted, and adop- ted same by the. following roll call vote: AYES: Councilmen: Shipley, NOES: Councilmen: Bartlett, ABSENT: Councilmen: None Proposed Hi -Rise Ordinance Gibbs, Green, Matney, Coen McCracken. On motion.by Matney, Council instructed the Planning Commission to study the proposed highrise ordinance and proceed with the d.evel- opment of the necessary criteria for same. The motion was passed. by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None 103 RES. NO. 3371 - ADOPTED - CHANGE IN WORK CONTRACT - BEACH BLVD. The Clerk read Resolution No. 3371 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING A CHANGE IN WORK IN CONTRACT N0. 177034 (BEACH BOULEVARD) BY THE DIVISION OF HIGHWAYS . " On motion by Green, Council waived further reading of Resolution No. 3371, and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None 1 RES. NO. 3372 - ADOPTED - POLICE COMMUNICATIONS COMMAND & CONTROL PROGRAM The Clerk read Resolution No. 3372 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO AN APPLI- CATION TO THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE FOR GRANT TO ASSIST IN IMPLEMENTATION OF POLICE COMMUNICATIONS COMMAND AND CON- TROL PROGRAM." On motion by Bartlett, Council waived further reading of Resolution No. 3372 and adoptedsame by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3373 - ADOPTED MWT TO ACQUIRE LAND - OPEN SPACE The Clerk read Resolution No. 3373 by title - "A RESOLUTION OF THI; CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND PROVIDING FOR THE EXECUTION OF A CONTRACT FOR GRANT TO ACO.UIRE LAND FOR OPE11 SPACE PURPOSES NO. CALIF•OSA-448(G) BY AND BETWEEN THE CITY OF HUNT- INGTON BEACH AND THE UNIQED STATES OF AMERICA." On motion by Green, Council waived further readng of Resolution No. 3373, and adopted same by the following rol". call vote: AYES: Councilmen: Shir ley, McCracken NOES: Councilmen: None ABSENT: Councilmen: None Bartlett, Gibbs, G: een, Matney, Coer, Page #7 - Council Minutes - 10/4/71 11 PUBLIC HEARING - CONDITIONAL EXCEPTION 70-33 - REVOCATION HEARING Mayor McCracken announced that this was the day and hour set for a public hearing to consider a petition for revocation of Conditional Exception No. 70-33 granted September 21, 1970, permitting riding stables and associated uses, on property located north of Ernest Avenue, approximately 320 feet east of the centerline of Goldenwest Street in the M1-0 Light Industrial District, combined with oil production. The Clerk informed Council that all legal requirements for notifi- cation, publication, and posting had been met, and that he had re- ceived a communication from Mrs. David. Martin, 13332 Barney St., Westminster, opposed. to the revocation of Conditional Exception No. 70-33. The Acting City Administrator informed. Council that they had been provided with copies of the report prepared by the Director of Building and Safety and. that he concurred with the recommendation that the conditional exception not be revoked. The Planning Director reported that Mr. Williams, the stable owner, had complied with every condition set forth by the Plan- ning Commission at the time the conditional exception was granted. Mayor McCracken declared the hearing open. Mr. Charles B. Vavra, 18736 Goldenwest St., City, adjacent prop- erty owner, addressed Council at length concerning the reasons why he believed the conditional exception should be revoked.. He sub- mitted photographs showing the dust problem on his property created by the stables and also showing riders from the stables trespassing on his property. Considerable discussion was held by the Council, City Attorney and Director of Building and Safety on the matter. Mrs. Charles B. Vavra addressed Council and requested the revocation of Conditional Exception No. 70-33. Mr. Bruce Greer, 18792 Stewart Street, City, addressed Council and gave reasons why he believed the conditional exception should be revoked. Mr. Marc Porter, Chairman of the Planning Commission, addressed Coun- cil and stated that as a member of the Planning Commission he had voted against the conditional exception due to the same reasons which have been given by the adjacent property owners. He stated that he had made several visits to the location and. knew that the dust and dirt from the riding area does create a nuisance to the Vavra's prop- erty. Mr. H. C. Mitchell, 17261 Gothard Street, City, addressed Council and stated. that he worked for Mr. and Mrs. Vavra in a ,janitorial capacity and wished to attest to the allegations made by them. Mrs. Joan Gale, addressed Council in opposition to the conditional exception. Mr. A. C. Marion, 6341 Athena Drive, City, addressed Council and sub- mitted a petition listing 392 persons favoring the continued operation of the stables. Mr. B. C. Baur, 6162 Napa Circle, City, addressed Council in favor of the stable operation. Mr. Bill Williams, 7021 Ernest Avenue, City, stable owner, spoke at length regarding the reasons why he believed his conditional exception should not be revoked. He stated that at all times he has adhered to the conditions imposed at the time his conditional exception was granted. Mrs. Anita Danielson, 2508 Delaware Street, City, addressed Council regarding the traffic hazard caused by the horseriders crossing at Goldenwest Street and Ernest Avenue. IZ(; Page #8 - Council Minutes - 10/4/71 Mr. Don Harris, 15752 Bluebird Lane, City, addressed Council in favor of the stable operation. Mrs. Phylis Grossman, 10142 Beverly Drive, City, addressed Council and requested that the conditional exception be revoked. 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 directed that the request for revocation of Conditional Exception No. 70--33 be denied and that the following additional conditions be imposed on the Conditional Exception based on a stipulation of the holder of the Conditional Exception that he will endeavor to comply: 1. The entire perimeter of the area under lease be fenced. 2. That the riding,area be moved to the easterly portion of the property. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None ,] n - 1), PUBLIC HEARING - ORD. NO. 1653 - REGULATION OF OIL OPERATIONS - ONTINUED Mayor McCracken announced that this was the day and hour set for the continuance of a public hearing from the meeting of June 21, 1971, July 6, 1971, August 16, 1971 and September 203 1971, to consider the adoption of Ordinance No. 1653 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 23 OF THE HUNTINGTON BEACH ORDI- NANCE CODE AND ADDING A NEW CHAPTER 23 PROVIDING FOR THE REGULATION OF OIL OPERATIONS IN THE CITY OF HUNTINGTON BEACH." The Clerk informed Council that he had received a communication from Robert C. Politiski, Attorney, listing recommended changes to the oil code, as proposed by the Huntington Beach Oil Operators, Inc. The Acting City Administrator informed Council that it was the recom- mendation of the Oil Committee that consideration of Ordinance No.1653 be deferred to the next meeting. Considerable Discussion was held by Council concerning the request for continuance of the matter. On motion by Bartlett, Council continued the public hearing on Or- dinance No. 1653 to the meeting of October 18, 1971, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, McCracken NOES: Councilmen: Green, Matney ABSENT: Councilmen: None RECESS Mayor McCracken called a recess of the Council tt 11:40 P.M. The Council was reconvened by the Mayor at 11:55 P.M:. ZONE CASE NO. 71-15 - PC 1ESOLUTION OF INTENT - DENIED The Clerk presented Zone Case No. 71-15 - Planning Commission Reso- lution of Intent which proposed to change the zoning from R1 Single Family Residence District, MI Light Industrial District, and RA Residential Agricultural District to MH Mobilehome District, on 18.63 acres of property located on the northeast corner of Slater Avenue and Goldenwest Street. Page #9 - Council Minutes - 10/4/71, The Clerk. informed Council that the hearing on this matter had been opened and closed on September 'j, 1971, with action deferred to the meeting oi' :September 20, 1971, at which time Council. ,directed that all property owners within 300 feet be notified due to possible ad- ditional information being received by Council. Following discussion, on motion by Green, Council sustained the de- cision of the Planning Commission and denied Zone Case No. 71-15, by the following vote: AYES: Councilmen: Shipley., Gibbs, Green, Matney, Coen NOES: Councilmen: Bartlett, McCracken ABSENT: Councilmen: None INFORMAL MEETING TO BE CALLED Mayor McCracken stated that an informal meeting of the Council as a Committee -of -the --Whole will be held on Tuesday, October 26, 1971, to meet with the Planning Commission, Home Council and Environmental Council to discuss arterial highway landscaping in the City. ORDINANCES FOR ADOPTION On motion by Matney, Council directed the Clerk to read Ordinance Nos. 1675, 1676 and 1677 by title, waived further reading and adop- ted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None ORD. N0. 1675 - ADOPTED 2t� UNITS PER GROSS ACRE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9050.4 CONCERNING UNITS PER GROSS ACRE." ORD. NO. 1676 - ADOPTED - FILING OF SUBDIVISION MAPS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9921.3 AND SUBSECTION (a) OF SECTION 9921.8 PERTAINING TO THE FILING OF SUBDIVISION MAPS, AND AMENDING SECTION 9941.10 TO PERMIT THE ESTABLISHMENT OF LOTS WITHOUT FRONTAGE ON A PUBLIC STREET." '7 o ORD. NO. 1677 - ADOPTED - "PLANNED DEVELOPMENT SUFFIX -PD " "BAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9050.1, TO UPDATE SAID SEC TION, AND BY ADDING TO CHAPTER 92 THEREOF A NEW ARTICLE 926 ENTITLED, "PLANNED DEVELOPMENT SUFFIX (-PD)." ORD. N0. 1674 - ADOPTED - ELECTRICAL WIRING The Clerk gave Ordinance No. 1674 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING SECTION 8227..6.1AND AMENDING SEC- TIONS 8221.2, 8221.4, 8221.6 AND 8221.8 PERTAINING TO ELECTRICAL WIRING." Discussion was held by Council concerning ()rd.inance No. 1674. On motion by Green, Council waived further reading of Ordinance No. 1674 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None On motion by McCracken, Council adopted Ordinance No. 1674 i)y the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibes, Green, Matney, Coen NOES: Councilmen: McCracken ABSENT: Councilmen: None lz3s Page #10 - Council Minutes - 10/4/71 ORDINANCES FOR INTRODUCTION On motion by Bartlett; Council directed the City Clerk to read Ordi- nance Nos. 1678, 1679 and 1680 by title, and waived further reading by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1678 - FIRST READING - ZONE CASE NO. 71-22 "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 THE SOUTHERLY EXTENSION OF SPRINGDALE STREET AND THE WESTERLY EXTEN- SION OF TALBERT AVENUE (ZONE CASE NO. 71-22)." ORD. NO. 1679 - FIRST READING - ZONE CASE NO. 71-23 "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 EAST OF EDWARDS STREET, APPROXIMATELY 790 FEET NORTH OF WARNER AVENUE (ZONE CASE NO. 71-23)." ORD. NO. 1680 - FIRST READING - ZONE CASE NO. 71-25 "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 SOUTHEAST CORNER OF HEIL AVENUE AND BOLSA CHICA STREET (ZONE CASE NO. 71-25)." /,.i ORD. NO. 1681 -- FIRST READING - ZONE CASE NO. 71-26 The Clerk gave Ordinance No. 1681 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF GARFIELD AVENUE AND EDWARDS STREET (ZONE CASE NO. 71-26)." Councilwoman Gibbs inquired if this property was located within the Central City Park area and was informed by the Planning Director that it was not. On motion by Green, Council waived further reading of Ordinance No. 1681 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None J, PLANNING COMMISSION RESOLUTION NO. 1074 - APPROVED The Clerk presented a transmittal from the Planning Commission of Planning Commission Resolution No. 1074 - relating to the place- ment of the CD -Civic District Suffix on property located adjacent to a community facility. Considerable discussion was held between the Col°ncil and Planning Director and it was determined that Planning Commission Resolution No. 1074 should be amended to read "that the City Planning Commis- sion shall add to the zone of any property within or abutting any designated Civic District Suffix Zone, the Civic District Suffix in the event said zone change is a result of a rezoning from Rl Single Family Residence District." On motion by Green, Council concurred with Planning Commission No. 1074 as amended, by the following vote: AYES: Councilmen: Shipley, McCracken NOES: Councilmen: None ABSENT: Councilmen: None Bartlett, Gibbs, Green, Matney, Coen, 129 Page #11 - Council Minute, - 10/4/71 PLANNING COMMISSION RESOLUTION NO. 1075 - DIRECT RESOLUTION BE PREPARED The Clerk presented a transmittal from the Planning Commission of Planning Commission Resolution No. 10?5 which proposes that the min- imum age for residents of Tentative Tract No. 7341 - Signal Landmark, Inc., be 40 years of age rather than 45 years of age as originally established. Mr. J. R. Moore, 401 Civic Center Drive West, Santa Ana, representing. Signal Landmark, Inc., addressed Council and requested approval of Resolution No. 1075 of the Planning Commission. On motion by Green, Council concurred. with the Planning Commission Resolution No. 1075 and. directed the City Attorney to prepare a resolution establishing a minimum age of 40 years for residents of Tract No. 7341 - Signal Landmark, Inc. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - ZONE Cld� NO. 71-29 - APPROVED Mayor McCracken announced. that this was the day and hour set for a public hearing on Zone Case No. 71-29 which proposes a change of zone on property located on the south side of Baltimore Avenue, 130. feet east of Huntington Street from R5 Office -Professional District to R3 Limited Multiple Family Residence District. The Clerk informed. Council that all legal requirements for notifi= cation, publication and posting had been met, and that he had re- ceived no communications or written protests to Zone Case No. 71-29 or to the Planning Commission's recommendation of approval for R2 zoning rather than R3 zoning as requested by the petitioner. The Planning Director addressed Council and presented a resume' of the Planning Commissions reasons for recommending approval for R2 zoning rather than the requested R3 zoning. Mayor McCracken declared the hearing open. Mr. Jim Knowles, 10666 Westminster Avenue, Garden Grove, addressed Council and requested approval of the zone change. There being no one further present to speak on the matter, and there being no protests filed. either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council sustained the decision of the Planning Commission; approved the change of zone to R2 rather than the requested R3, and directed the City Attorney to prepare an ordinance effecting the change of zone. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None C. PUBLIC HEARING - CODE AMENDMENT N0. 71-20 - DENIED Mayor McCracken announced that this was tht.: day and hour set; for a public hearing on Code Amendment No. 71-20 to allow construction of an additional unit in multiple residential districts, if three - fourths (3/4) of the required net land area for such unit has been. met. Said Code Amendment proposes to add Sections 9162.3.2, 9202..3.2 and 9232.3.2 to the Huntington Beach Ordinance Code. 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. 71-20 or to the recommen- dation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of the proposed Code Amendment. 1301 Page #12 - Council Minutes - 10/4/71 Mayor McCracken 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. Following discussion by the Council, on motion by Green, Council overruled the Planning Commission and. denied Code Amendment No. 71-20 by the following vote: AYES: Councilmen: Shipely, Gibbs, Green, Matney NOES: Councilmen: Bartlett, Coen, McCracken ABSENT: Councilmen: None PUBLIC HEARING - CODE AMENDMENT NO. 71-21 - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Code Amendment No. 71-21 which proposes to amend Section 9163.3 of the Huntington Beach Ordinance Code, to permit that portion of a two story dwelling which is constructed over a garage or carport abutting an alley, to be set back ten (10) feet from the centerline of such alley. The Clerk informed Council that all legal requirements for publi- cation and posting had. been met and that he had received no com- munications or written protests to Code Amendment No. 71-21 or to the recommendation of approval by the Planning Commission. The Planning Director presented a resumer of the Planning Com- mission's reasons.for recommending approval of the code amendment. Mayor McCracken declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Green, Council sustained the decision of the Planning Commission; approved Code Amendment No. 71-21 stipulating that there be no overhang extending beyond the rear property line, and directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code. The motion was passed by -the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None >° 1 STUDENT APPOINTMENTS - ENVIRONMENTAL COUNCIL On motion by Green, Council approved the recommendation of the En- vironmental Council that students be appointed as members of the Environmental Council, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None ADJOURNMENT On motion by Matney, the regular meeting of the City Council of ttie City of Huntington Beach adjourned at 1:00 A.M. to Thursday, Octofbe r 7, 1971 at 5:30 P.M. in the Administrative Annex. The motion was carried by the following vote: Page-#13 Council Minutes - 10/4/71 iAYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES Councilmen: None ABSENT: Councilmen: None au ones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 4e George C. Kcctelmff. Mayor. ATTEST: 32