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HomeMy WebLinkAbout1972-01-03MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, January 3, 1972 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 Thomas Overton - First Christ- ian Church. ROLL CALL Councilmen Present: Bartlett, Gibbs, Matney, Coen McCracken Shipley {arrived at 4:32 P.M.� Councilmen Absent: Green Mayor McCracken informed Council that Councilman Green had requested permission to be absent from the meeting. CONSENT CALENDAR - (ITEMS DELETED) At the request of Mayor McCracken, Council directed that Item No. S - pertaining to Curb Cuts - Graham Street - 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, Gibbs, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green 1. MINUTES - Approved and adopted minutes of the regular meeting of December 0, 1971, as written and on file in the office of the City Clerk. 2. CLAIM NO. 1- 1yt ANNA MAY WHITE - DENIED Denie a m No. 71-71 filed by a May White for alleged damages to car caused by a City truck on or about October 13, 1971, in the vicin- ity of Alabama and Nashville Streets, and referred same to the City's insurance carrier. 3. CLAIM NO. 71-2 - MOLLY WALLIS - DENIED Denied Claim No. piled by o y a 1s for alleged damages caused while parking in a City park on or about December 2, 1971, and referred same to the City's insurance carrier. 1�14. CLAIM NO. 1- � WINSTON VERDULT - DENIED Denied Claim No. 7 - 3 fileU by Beam, Du y and Ure, Attorneys at Law, on behalf of Winston Verdult for alleged personal damages caused on or about September 17, 1971, and referred same to the City's in- surance carrier. y 14 5. CLAIM N0. 1- 4 - BARRY E. LANDSBERG - DENIED Denied claim No. - e y arry E. Landsberg for alleged dam- ages caused to his vehicle by City crew on or about November 24, 1971, and referred same to the City's insurance carrier. aq 6. CLAIM N0. 1- - FIRESTONE - DENIED ` Denie�cl'Cla m No. 71-75 filed by Firestone, 20550 Hawthorne Blvd., Torrance, California., for alleged damages to a company owned vehicle on or about November 22, 1971, and referred same to the City's insur- ance carrier. 7. REIMBURSEMENT - MEL'S GOLDENWEST NURSERY ApproveU rull re m ursemen in the amount of $2,979.00 to Melts Gold- enwest Nursery for the construction of offsite and oversize water main on Slater Avenue east of Goldenwest Street Page #2 - Council Minutes - 1/3/72 8. FINAL TRACT MAP 7555 - CHRISTIANA COMMUNITY BLDRS. INC. - APPROVED Accep ed offers of dedication as shown on Final Tract Map No. 7555 - located 400 feet northwest of the intersecting centerlines of Warner Avenue and Pacific Coast Highway; Acreage: 9.284; Lots: 3 numbered lots (Planned Residential); Developer: Christiana Community Builders, Inc., 12201 Wilshire Boulevard, 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 stipulations that the final map.shall be recorded prior to expiration date of Tentative Tract Map No. 7555, on September 21, 1972 and that Park and Recreation fees shall be paid prior to recordation of the final map. 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 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. IV - f r,Y 9. AGREEMENT - SOUTHERN PACIFIC TRANSPORTATION CO. - CC-184-APPROVED Approved and authorized the Mayor and City Clerk to execute on behalf of the City, an agreement between the Southern Pacific Transportation Company and the City for construction of a 42 inch water main ac- ross the railroad right of way at Clay Street - CC-184; and author- ized the Finance Director to pay the 100 consideration required. CURB CUTS - GRAHAM STREET - APPROVED The Clerk presented a communication from the Department of Public Works concerning a request from the Parson Sign Company for a curb cut to Lot 50 in Tract 7090 to provide an additional driveway to their proposed building; said request being necessary as the tract map reserved vehicular access rights to the City along the Graham Street frontage. A request was also made by Huntington Beach Industrial Park for an additional access to the four lots (1-4) between Research Drive and McFadden Avenue as the tract map restricted access to the common lot lines for a total of three. Mayor McCracken requested and was granted permission to abstain from voting on the matter due to a possible conflict of interest. On motion by Matney, Council approved one access to each of lots 1, 2,3 and 4, as requested by Huntington Beach Industrial Park and approved one access to lot 50 - Tract 7090 as requested by Parson Sign Com- pany. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Green ABSTAIN:Councilmen: McCracken J J REPORT - AUCTION BUSINESS LICENSE FEE The Acting City Administrator stated that, pursuant to Council direc- tion of December 20, 1971, the staff had reviewed t:he auction business license fee rates charged by the City, and that it was determined that the City fee structure was comparable to rates charged by other cities in the County. He informed Council of the Police Department's concern regarding the use of auction businesses as an outlet for stolen items, and stated that it was the recommendation of the Police Chief that stringent requirement;} be imposed for the registration of serio l numbers of items to be auctioned. Discussion was:held between the Council and Police Chief concerning the request made at the meeting of December 20, 1971, by R. E. "Mac" McPherson, dba Senecal Auction Services, for a reduction of the auc- tion business license fee. ZPc.+t �lr7r Page #3 - Council Minutes - 1/3/72 A motion was made by Councilwoman Gibbs, that the report on the mat- ter submitted by the Acting City Administrator be received and filed. The motion failed to pass by the following vote: AYES: Councilmen: Bartlett, Gibbs, Matney NOES: Councilmen: Shipley, Coen, McCracken ABSENT: Councilmen: Green On motion by McCracken, Council directed the Acting City Administrator and Police Chief to study this matter further and present a recom- mendation for an annual business license fee for auction operations. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, McCracken NOES: Councilmen: Matney ABSENT: Councilmen: Green ;i 9 REVISION - LEASE AGREEMENT - PISTOL RANGE - APPROVED The Acting City Administrator informed Council of a proposed revision to Paragraph 4 of the Lease Agreement between the City and the Hunt- ington Beach Police Officer's Association, dated February 9, 19689 which would allow the public to use the Police Pistol Range. On motion by Matney, Council approved the revision to Paragraph 4 of the Lease Agreement between the City and the Huntington Beach Police Officers Association to allow the public to use the Police Pistol Range, and authorized the Mayor and City Clerk to execute the revised lease on behalf of the City. The motion passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green 31 CHANNEL LANDSCAPING - EDWARDS & SPRINGDALE - APPROVED The Acting City Administrator informed Council that the cost of land- scaping the channel in the vicinity of Edwards Avenue and Springdale Street would be approximately $4,000. He stated that this work had previously been approved by the Council and Design Review Board and if Council wishes the work to commence at this time, approval is needed to expend $4,000 from the Contingency Fund, as this was not a bud- geted item. On motion by Matney, Council approved the expenditure of $4,000 from the Contingency Fund for the purpose of landscaping the channel in the vicinity of Edwards Avenue and Springdale Street, by the follow- ing roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green REPORT - PORTION OF ZOT (CASE NO. 71-20 -- AREA "D" The Acting City Administrator informed Council that pursuant to Coun- cil direction of December 20, 1971, the staff had reviewed the pro- posed zoning recommended by the Planning Commission for Block 16 - Tract 86 - a portion of Zone Case 71-20, Area "D", and that the Plan- ning Director was prepared to present a resume' on the matter for Council's information. The Planning Director presented a report concerning the statue, of the area at the present time, and used a viewgraph to display the prop- erty under consideration. He informed Council that it was the recom- mendation of the Planning Department that Block 16 remain within the total area to assure the formation of an assessment district. Page #4 - Council Minutes - 1/3/72 The Clerk informed Council that he had received letters in favor of the proposed assessment district together with some opposing same, and that in a few weeks, more information would be available concern- ing the progress the property owners are having in forming the dis- trict. He also reminded Council that the public hearing on Zone Case 71-20 Area "D" had been continued to March 20, 1972 to allow the prop- erty owners to initiate an assessment district in that area. Mrs. Julie Saunders, 17083 Roundhill ]give, City, addressed Council and stated that the property owners in Block lb favor the proposed assessment district, but fear the possibility that their property may be rezoned to Rl if the small lot owners vote against the district. Mrs. Sally Fuller, 15821 Balsa Chica Street, City, addressed Council and stated that a change of zoning from R3 to R1 would cause her to be unable to develop or sell her property, as her land fronted on Bolsa Chica Street and was unsuited for residential use. The Clerk read the September 20, 1971, Council Minutes pertaining to the matter, for Councils information. Following discussion, Mayor McCracken directed that the matter be tabled. DEPOSIT FEE = CANDIDATES FOR CITY OFFICE The Clerk informed Council that they had been provided with copies of his letter dated December 30, 1971, informing them that the open- ing date for filing for office in the General Municipal Election will be January 13, 1972; and that unless the City wishes to assume the cost of printing the "Statement of Qualifications" for each candidate desiring same, it would be necessary for the Council to act on the setting of a deposit fee. He stated that, if Council determines to establish a deposit fee, as has been done in previous years, charges be made to each candidate on a pro-rata basis of costs actually incur- red in the printing, stuffing and mailing of the "Statements." The Clerk advised Council that in 1970 the deposit fee was $150; how- ever due to increased costs, he would recommend that such deposit fee, if made, be set at $175 per candidate with the understanding, that if actual costs are greater, participating candidates will be billed for the difference, and if such costs are less, the difference will be refunded to them. A motion was made by Councilman Coen, that the City require a deposit of $175 from candidates for City office in the 1972 General Municipal Election who desire to have a "Statement of Qualifications" included in the booklet which goes to every registered voter in the City, and that charges be made to participating candidates on a pro-rata basis of costs actually incurred in the printing, stuffing and mailing of said "Statements." The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green RESOLUTIONS Mayor McCracken requested that separate discussion be held on Reso- lution No. 3417 pertaining to the issuance of Building and other per- mits for certain construction in Master Plan Study Areas B and C. On motion by Matney Council directed the City Clerk to read Reso- lution Nos. 3415, 3416 and 3420 by title; waived further reading am adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCrac?f_en NOES, Councilmen: None ABSENT: Councilmen: Green Page ##5 - Council Minutes - 1/3/72 1i Iv RES. NO. 3415 - ADOPTED - VACATION OF VARIOUS STREETS & ALLEYS "A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF UNION AVENUE, PARK STREET AND THOSE ALLEYS LYING WITHIN THAT PARCEL OF LAND, BOUNDED BY MAIN STREET, MANSION AVENUE AND SEVENTH STREET." 90 RES. NO. 3416 - ADOPTED - PROPERTY ACQUISITION - DOROTHY E. LAMB "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM DOROTHY E. LAMB, SURVIVING TRUSTEE UNDER DECLARATION OF TRUST ESTABLISHED BY WALTER D. LAMB AND DOROTHY E. LAMB AS TRUSTORS." RES. NO. 3420 - ADOPTED - RE.IMB.- GLEN E. CORNING CONST. CO. -STORM DRAIN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM DRAINAGE DISTRICT 7E FUNDS, AND GAS TAX FUNDS." RES. NO. 341Z - ADOPTED - SUSPENSION OF PERMITS -MP STUDY AREAS B & C The Clerk read Resolution No. 3417 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUSPENDING THE ISSUANCE OF BUILDING AND OTHER PERMITS FOR CERTAIN CONSTRUCTION IN MASTER PLAN STUDY AREAS B AND C. Mayor McCracken requested and was granted ppermission to abstain from voting on the adoption of Resolution No. 3417 due to a possible con- flict of interest. On motion by Matney, Council waived further reading of Resolution No. 3417 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green On motion by Matney, Council adopted Resolution No. 3ZL17 by the fol- lowing roll call vote: AYES: Councilmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen: Green ABSTAIN:Councilmen: McCracken ORDINANCES FOR ADOPTION Bartlett, Gibbs, Matney, Coen On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1703, 1704, 1705, 1706, and 1707 by title, waived further read- ing and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, Mr,.Cracken NOES: Councilmen: None ABSENT: Councilmen: Green ORD. NO. 1703 -.ADOPTED - CODE AMENDMENT - NONCONFORMING SIGNS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 9716 AND 9719 OF THE HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH CONDITIONS WHEREBY A NON -CONFORMING USE MAY BE ALTERED OR ENLARGED." Ic ORD. NO. 1704 - ADOPTED - RIGHT OF WAY WIDTHS & LENGTHS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING SECTION 9941.3.1. AMENDING SECTION 9941.3 AND ADDING SECTIONS 9941.3.1, 9941.3. AND 9941.3.3 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO RIGHT OF WAY WIDTHS AND LENGTHS OF STREETS AND HIGHWAYS OF THE SUBD VISION CODE." t �r4-1r • Page #6 - Council Minutes - 1/3/72 10 ORD. NO. 1705 - ADOPTED -- RESIDENTIAL YARD PEOUTREMENTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMI:,.NPfNC `I'E[l HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 913, AND AMENDING SECTIONS 9103, 9163, 9203 AND 9233 PERTAINING TO RESIDENTIAL YARD REQUIREMENTS." )I ORD. NO. 1706 - ADOPTED - ZONE CASE NO. 71-37 "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 APPROXIMATELY 3000 FEET NORTHWEST OF GOLDENWEST STREET AND ORANGE AVENUE (ZONE CASE NO. 71-37)." ORD. NO. 1707 - ADOPTED - ZONE CASE NO. 71-35 "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 NORTHEAST OF PACIFIC COAST HIGHWAY. (ZONE CASE NO. 71-35)." �l ORD. NO. 1708 - ADOPTED - ZONE CASE NO. 71-38 The Clerk gave Ordinance No. 1708 a second reading by title - "AN ORDI- NANCE 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 NORTH OF ALHAMBRA STREET, 110 FEET WEST OF BEACH BOULEVARD (ZONE CASE NO. 71-38)." Mayor McCracken requested and was granted permission to abstain from voting on the matter. On motion by Bartlett, Council waived further reading of Ordinance No. 1708 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green On motion by Matney, Council adopted Ordinance No. 1708 by the fol- lowing roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Green ABSTAIN:Councilmen: McCracken ORDINANCES FOR INTRODUCTION On motion by Matney, Council directed the Clerk to read Ordinance No. 1709 by title, and waived further reading of same by the follow- ing vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCrack(.:n NOES: Councilmen: None ABSENT: Councilmen: Green i_ t ORD. NO. 1709 - FIRST READING - ZONE CASE NO. 71-17 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THERI_-.OF TO PROVIDE FOP CHANGE OF ZONING ON REAL PROPERTY SURROUNDING HUNTTNGTON CENTRAL PAF;K (ZONE CASE NO. 71-17)." RECESS Mayor McCracken called a recess of the Council at 6:00 P.M. RECONVENE The meeting was reconvened at 7:45 P.M. by the Mayor. Page #7 - Council Minutes - 1/3/72 W� TIM SCZAWINSKI - HUNTINGTON BEACH CO. BUMPER STICKER CONTEST WINNER Mayor McCracken introduced Tim Sczawinski, winner of the Bumper Sticker contest - "Huntington Beach -My Town," which was sponsored by the Huntington Beach Company and open to all high school students in the City. The Mayor congratulated Mr. Sczawinski and his parents for the winning design which he submitted. He then announced the follow- ing runner-ups in the contest: Mike McHenry -- Edison High School; Paul Sadony, Huntington Beach High School; Kevin Chard, Marina High School; and Karl Jacobs, Edison High School. Mayor McCracken then presented an award to Mr. William Foster, Vice - President and General Manager of the Huntington Beach Company, com- mending the company for its promotion of civic -minded activities in the community. NEW CITY ADMINISTRATOR INTRODUCED Mayor McCracken introduced Mr. David D. Rowlands to the Council and audience. Mr. Rowlands addressed the Council briefly, stating that he looked forward to assuming his duties as City Administrator. CONTRACT OF SALE - BRUCE BROTHERS - DEFERRED The Clerk presented a proposed contract between the City and Brace Brothers, to purchase 20 acres on the southwest corner of Gothard Street and Talbert Avenue for the new Central City Park at a cost of $638,OOO.00. The Acting City Administrator requested that Council defer action on this matter to enable the staff to obtain the corrected contract figures. Mayor McCracken directed that action on said proposed contract be de- ferred to the meeting of January 17, 1972. ZONE CASE NO. 71-41 - DETERRED The Clerk presented Zone Case No. 71-41 which pproposes a change of zone from R5 Office -Professional District to C4 Community Business District with a 50 foot setback from the ultimate right-of-way line, on property located on the west side of Goldenwest Street, 135 feet north of Edinger Avenue. He informed Council that the public hearing on Zone Case 71-41 had been held and closed at the last regular meet- ing, at which time a motion to approve said zone case failed to pass and the item was directed to be placed on the agenda for this meet- ing by the Mayor. The Planning Director informed Council of an error on the Planning Commission transmittal which showed C2 as the recommended change of zone rather than C4. A motion was made by Councilman Bartlett to sustain the decision of the Planning Commission; approve Zone Case No. 71-41, and dire,_:t the City Attorney to prepare an ordinance effecting the zone chang.. The motion failed to pass by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken NOES: Councilmen: Gibbs, Matney, Coen ABSENT: Councilmen: Green Mayor McCracken directed the City Clerk to schedule this item for the next regular meeting. Page #8 - Council Minutes - 1/3/72 4 tiI PUBLIC HEARING - USE PERMIT 71-50 - APPEAL - COUNCILMAN MATNE'Y-DEPERRED Mayor McCracken announced that this was the day and hour set for a pub- lic hearing on Use Permit 71-50 which would allow the construction of a 176 unit Planned Residential Development on an 11 acre parcel of land in the R2 Two Family Residence District on property located on the north side of Heil Avenue and 410 feet east of Algonquin Street. The Clerk informed Council that all legal requirements for notifi- cation, publication, and posting had been met, and that communications in favor of Use Permit 71-50 had been received from Mr. George W. Turpin, one of the involved property owners, and Mr. Louis Mattis, resident in the area. Councilman Matney stated that he appealed this matter as he believes approval of the project would be contrary to the original intention of the Planned Residential Development, and that the development lacked proper recreational facilities. The Planning Director presented a video-tape of the area together with a resume' of the Planning Commission's reasons for recommending that Use Permit 71-50 be approved with conditions. Mayor McCracken declared the hearing open. Mr. Edward Kerins, City Planning Commissioner, addressed Council in opposition to Use Permit 71-50, stating that he believes the plans do not meet the intent or standards of the PRD Ordinance. Mr. Brian Parkinson, Vice -President of the Home Council addressed Council in opposition to approval of Use Permit 71-50. Mr. Ulysses Bowen, architect of the development, 2229 Lincoln Ave- nue, Anaheim, addressed Council in favor of the proposed development and gave reasons why he believed the plans met all criteria set forth in the ordinance code. Discussion was held between the Council and Mr. Bowen concerning the recreational facilities planned for the development. Mr. Darrell G. Boyer, representing the developer, McKeon Construction, Newport Beach, addressed Council and stated that his firm would at- tempt to develop a more diverse recreational plan in the development. A motion was made by Councilman Matney to continue the public hear- ing on Use Permit No. 70-50 to the meeting of January 17, 1972, but was withdrawn before being voted upon. Discussion was held between the Council and Mr. Boyer concerning the possibility that the developer would agree to include a recreational building and basketball court and eliminate one pool together with submitting a definite plot plan for Council approva-. On motion by Matney, Counci`_ continued Use Permit Ni. 71-50 to the January 17, 1972,meeting by the following vote: AYES: Councilmen: Shiple:;,, Bartlett, Matney, Coen, McCracken NOES: Councilmen: Gibbs ABSENT: Councilmen: Green On motion by Matney, CounciL directed the Planning Commission to re- view the Planned ResidentiaL Development Ordinance with special at- tention to condominium developments, by the follow:._ng vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Mat:iey, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green Page #9 - Council Minutes - 1/3/72 ial PUBLIC HEARING - ZONE CASE :0- 71-28 - DENIED Mayor McCracken announced that this was the day and hour set for a Public hearing on Zone Case No. 71-28 which proposes a change of zone from R2 Two Family Residence District, R1 Single Family Resi- cbnce District and RA Residential Agricultural District, to R1 Single Family Residence District, R2 Two Family Residence District and R3 Limited Multiple Family Residence District, on property located ap- proximately 283 feet east of reach Boulevard and 462 feet north of Ellis Avenue. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and that he had recei- ved no communications or written protests to Zone Case 71-28 or to the recommendation of approval by the Plarming Commission. The Planning Director presented a video-tape of the area together with a resume' of the Planning Commission's reasons for recommending ap- proval of Zone Case No. 71-28. Mayor McCracken declared the hearing open. Mr. Gerald Burns, Vice -President of Covington Brothers Construction Company, developer, addressed Council and stated that the project con- formed to all provisions of the ordinance code and gave reasons why he believed it was a desirable and well planned development. Mr. Nick Oprian, 1018 W. 18th Street, Costa Mesa, addressed Council in favor of the proposed development. Mr. Mike Tugwell, 18302 Lisa Lane, City, addressed Council in oppo- sition to the matter, stating that he believed the entire area should be rezoned to Rl. Mr. Arthur L. Logins, 18322 Lisa Lane, City, addressed Council and stated his opposition to the zone change due to the resulting increase in density and lack of offstreet parking. Mr. Brian Parkinson, 9042 Annik Drive, City, addressed Council in op- position to the zone change. Considerable discussion was held between the Council and Planning Di- rector concerning the present zoning of the property. A motion was made by Councilman Bartlett, to sustain the decision of the Planning Commission; approve Zone Case No. 71-28 and direct the City Attorney to prepare an ordinance effecting the change of zone. When put to a vote the motion failed to pass as follows: AYES: Councilmen: Bartlett, Gibbs NOES: Councilmen: Shipley, Matney, Coen, McCracken ABSENT: Councilmen: Green f1S PUBLIC HEARING - RES OF INTENTION N0. 3405 - UNDERGROUND UTILI`,'Y DIST. Mayor McCracken announced that this was the day and hour set for a public hearing to ascertain whether public necessity, health, safety or welfare, requires the removal of poles, overhead wires and associ- ated overhead structu,es and the underground installation of wires and facilities for supplying electric, communication, or similar o^ assoc- iated services in Mansion Avenue, 100 feet on each side of the center- line from Goldenwest Street to Lake Street. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting on said public hearing had beEn met and that he had received no communications or written protest, against the formation of said. Underground Utility District. Mayor McCracken declared the hearing open. dr dr' - j .rrrly, r rs R1 ll Page #10 - Council Minutes - 1/3/72 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. The Clerk was directed to read Resolution No. 3418 by title - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 72-1." On motion by Coen, Council waived further reading of Resolution No. 3418 and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green 4� PUBLIC HEARING - RES OF INTENTION NO. 3406 - UNDERGROUND UTILITY DIST. Mayor McCracken announced that this was the day and hour set for a public hearing to ascertain whether public necessity, health, safety or welfare requires the removal of poles, overhead wires and assoc- iated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within the right-of-way of Newland Street from the north right-of-way line of Adams Avenue to.two thousand feet south of Adams Avenue - only city -owned property. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met and that he had received no communications or written protests against the formation of said underground utility district. Mayor McCracken declared the hearing open. There being no one present to speak on the matter and there being no protests filed either for or against, the hearing was closed by the Mayor. The Clerk was directed to read Resolution No. 3419 by title - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 72-2." On motion by Coen, Council waived further reading of Resolution No. 3419 and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green COMMENTS FROM COUNCIL Defense Fund-- Mayor's Committee Mayor McCracken informed Council that he had received a communication from Supervisor William Phillips stating that a motion to have the County assume the entire cost of the legal fees, ir.: connection with the Mayor's Committee defense in the litigation brc:ught upon them by certain members of the Orange County Board of Supervisors, had failed to pass. Beach Boulevard Medign Paving Councilwoman Gibbs requested the Acting City Administrator to prepare a report regarding the recent paving of the median in Beach Boulevard between Edinger and Heil Avenue, as she understood that a request h,td been made to the State Div.sion of Highways, for a change in work onler to delete sadd paving. Tract No. 75_1.,5 -- Open Spas s Requirements Councilwoman Gibbs asked if the developers of Tract No. 7555 which 'Vas approved earlier in the me,�ting, had derived any of their open space requirements from the main channel of Huntington IEarbour, and was in- formed by the Planning Director that they had met the open space r(- quirements through the use of private channels. r 31. Page #11 -- Council Minutes - 1/3/72 Tree Vandalism Councilman Bartlett called attention to the tree vandalism which was occurring in various areas of the City and asked if steps were being taken to eliminate this problem. The Acting City Administrator informed Councilman Bartlett that per- sons apprehended in this act would be prosecuted under provisions in the City ordinance code. Huntington Beach Industrial Park Zoning Request Councilman Coen reported that the request from Huntington Beach In- dustrial Park for a zoning change on 36 acres of property located on the northwest corner of Edinger Avenue and Graham Street was to ap- pear before the Planning Commission on January 4, 1972, however, Plan- ning Commissioner Chairman Porter had requested a continuance until a committee could be formed to work on the problems involved. Mayor McCracken appointed Councilman Coen to work with the committee on this matter. ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:07 P.M., to Wednesday, Jan- uary 12, 1972, at 7:30 P.M., in the Council Chamber. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green ATTEST: Pau.l__C.zZbnes City Clerk Pau�:� Janes City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 2 orge C. McCracken Mayor 232