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HomeMy WebLinkAbout1972-02-22MINUTES Council Chamber, Civic Cente Huntington Beach, California Tuesday, February 22, 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 Donald Roberts - Christ Pres- byterian Church. ROLL CALL Councilmen Present: Bartlett, Gibbs, Green, Matney, McCracken Shipley - (arrived at 7:30 P.M.) Councilmen Absent: Coen CONSENT.CALENDAR --(ITEMS DELETED) Mayor McCracken stated that Councilman Coen had requested that Item No. 11 pertaining to Master Plan Amendment No. 72-2 be'deleted from the consent calendar and discussed at the 7:30 portion of the meeting when he could be present. The City Clerk informed Council of a request from the Director of Public Works that Tract No. 6510 be deleted from consideration in connection with Item No. 4. CONSENT CALENDAR -(ITEMS APPROVED) On motion by Green, the following items were approved as recommended by roll call vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs, Green, Matney, McCracken Coen 1. MINUTES - Approved and adopted minutes of the regular meeting of February 7, 1972, and the Special meeting of February 14, 1972, as written and on file in the Office of the City Clerk. 2. FINAL REIMBURSEMENT - TEXACO INC. - Approved full and final re- imbursement in the amour of 97. 0 to Texaco, Inc., for construction of offsite water main at.Bolsa Chica Street, south of Warner Avenue per Reimbursement Agreement No. 115, 3. SUBDIVISION AGREEMENT - TRACT NO. 7473 - MANSION -HALL CO. - accepted Instruments of Credit satisfying the requirements of Subdivision bonds; approved and authorized execution of the Subdivision Agreement for Tract No. 7473,-as recommended by the Director of Public Works. Idy 4. DEDICATION OF IMPROVEMENTS - TRACT No. 6188 - FOUR SEASONS HOMES - Accepted improvemen s e icated to —public use in Tract No. 6198 - o- Gated east of Magnolia Street and north and south of Indianapolis Ave- nue; .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 developer and the Treasurer to notify the bonding company of this action. 5. TENNIS COURT LIGHTING - LE BAR.DI& HARBOUR VIEW PARKS - CC - Approved plans and specificat iE ors aid Totice nvi ing Sealed Bid's for the construction and installation of lighting facilities around the tennis courts at LeBard Park and Harbour View Park - CC-199, and authorized the City Clerk to advertise for bids. %I 6. NOTICE OF COMPLETION - EDISON PARK GRADING - CC-187 - Accepi.ed work on Edison Park Grading - CC-187 completed by C. W. Poss Inc., for a final contract amount of $206,846.629 and directed the Clerk to file a Notice of Completion with the Orange County Recorder. Page #2 -- Council Minutes - 2/22/72 7. NOTICE OF COMPLETION - GARFIELD AVENUE IMPROVEMENTS - C2-1 4 - Accepted work on Garfield Avenue Improvements CC-17 , completed by Sully Miller Contracting Company, for a final contract amount of $165,846.17, and directed the Clerk to file a Notice of Completion with the Orange County Recorder. 0 8. FINAL TRACT MAP_ NO. Z572f-CLASSIC DEVELOPMENT CORP. - APPROVED Accepted offers of dedication as shown on Final Traci Map No.7572 located 660 feet north of Ellis Avenue and 660 feet west of Newland Street; Acreage: 10.002; Lots: 53; Developer: Classic Development Corp., P. 0. Box 247, Garden Grove, 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 of Tentative Tract Map No. 7572, on October 19, 1972, and that Park and Recreation fees shall be paid prior to recordation of the final map. Farther 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. 9. FINAL TRACT 2TANDARD PACIFIC CORP. - APPROVED Acce.vt.eu ollers or aeaicaiion as shown on Final Tract Map No. '(b�U located 280.00 feet west of Newland Street, 810.00 feet south of Adams Avenue; Acreage: 7.901; Lots:42; Developer: Standard -Pacific Corp., 1565 W. MacArthur Boulevard, Costa Mesa, California; adopted the map subject to standard conditions set forth by the Department of Public Works and Planning Department in Resolution No. 3056, adop- ted October 20, 1969, with the additional stipulations that the final map shall be recorded prior to expiration of Tentative Tract Map No. 7491, on August 10, 1972, and that the City shall enter into negotiations for the purchase of excess acreage covered by grant deed for a 2.6 acre park site within Tentative Tract Map No. 7491. 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 re- cord 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. 10. LEASE AGREEMENT - KENNETH HAW1<ES - APPROVED - Approved and auth- orite .execution by the Mayor and City Clerk of a lease agreement be- tween the City and Kenneth Hawkes for a 25 foot lot located at the northwest side of Seventeenth Street, 75 feet southwest of Orange Avenue, for use by the City as a storage yard for the Recreation and Parks Department- the term of lease to be through the period ending December 31, 1974. Payment by the City of property taxes assessed on the property during this time, will constitute the complete rental for the property. 11. CLAIM NO. 72 72-7 filled by Mr hicle by a City of Ellis Avenue City's insurance 12. 1. GREEN - s. uTis L, green, ror all sweeper, on or about June north of Delaware Street, carrier. MAP DENIED - Denied Claim No. ged property damages to ve- 23, 1971, in the vicinity and referred same to the Accepzea oilers or aeaication as shown on Final Tract Map No. 7341 located on the northeast corner of Atlanta Avenue and Newland Street; Acreage: 27.217; Lots: 3; Developer: Signal Landmark, Inc., 1538 N. Century Boulevard, Santa Ana, 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 of Tentative tract Map No. 5419, on January 18, 1973, and that Park and Recreation fee, shall be paid prior to recordation of the final map. Page #3 - Council Minutes - 2/22/72 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. 13. DESIGN REVIEW 72-2 - CITY YARD FACILITIES - Approved the Schematic Design Phase of the City Yard facilities as recommended by the Design Review Board. 81 14. SHADE STRUCTURE FOR AREVALOS PARK- Approved the shade structure for 7i7revalos Park designed by Project Architect Greg Benton, as rec- ommended by the Design Review Board. r�g, 15. FINAL TRACT MAP NO. 7656 - GOLDENWEST PARTNERSHIP - APPROVED Accepted offers of dedication as shown on Pinal TracT Map No. 7 56 lo- cated at the southwest corner of Clay Avenue and Goldenwest Street; Acreage: 15.428; Lots: 60; Developer: Goldenwest Partnership, Box 2140, Newport Beach, 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 of Tentative Tract Map No. 7421, on May 18, 1972, and that Park and Recreation fees shall be postponed until negotiations for same have been completed between the developer and the City. 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. 16. JOINT POWERS AGREEMENT - OGAN VIEW SCHOOL DISTRICT - APPROVED Approved a Joint Powers Agreement between the City and Ocean View School District to allow the City to construct three 3 acre neighborhood parks in Marine View, Haven View and Glen View Schools, and authorized the negotiation of a contract for the design of these three parks, plus Greer Park Annex and Golden View Park, with one of the City's current landscape architectural firms. INTRODUCTION - DAVID D. ROWLANDSS= NEW CITY ADMINISTRATOR Mayor McCracken introduced Mr. David D. Rowlands, the new City Admin- istrator to the audience and welcomed him to his first City Council meeting in Huntington Beach. CITY YARD GRADING-,-CC-1, 2 - . FYRST PHASE DEVELOPMENT The Assistant City Administrator informed Council that they had bee, -- provided with copies of a communication from the Director of Public Works recommending that Council approve the employment of William Blurock and Partners for the preparation of the plans and specifications for the construction of the first phase of the proposed City Yard facili- ties - CC-132. He further informed Council that the City Administrator concurred with the recommendation for approval by the Director of Public Works. Following discussion, on motion by Matney, Council approved the employ- ment of the firm of William Blurock & Partners, Architects, for the preparation of the plans and specifications for the construction of the first phase of the proposed City Yard facilities - Project CC-1'2, with the stipulation that the final contract shall be approved l-,y the City Attorney. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley, Coen Page #4 -- Council Minutes - 2/22/72 Items Scheduled For Discussion at 7:30 Portion of Meeting Mayor McCracken directed that the two items brought to Council's at- tention by the City Administrator regarding the scheduling of a joint meeting between the Council and Charter Revision Committee and the City Attorney Opinion relating to Conditional Exception No. 70-40 and the vacation of Shipley Street, be scheduled for consideration at the ?:30 portion of the meeting. HUNTINGTON HARBOUR ANNEXATION NO. 4 - AUTHORIZATION TO FILE - APPROVED The City Clerk requested Council authorization to file an annexation with the Local Agency Formation Commission on Huntington Harbour An- nexation No. 4 - property owned by the City of Huntington Beach which was formerly occupied by the Sunset Beach Sanitation Plant. He in- formed Council that on February 14, 19729 his office had received certification from the Secretary of State to the effect that the de- tachment of this property from the Sunset Beach Sanitary District had been approved and ordered. On motion by Bartlett, Council approved the recommendation of the City Clerk, and authorized him to file an annexation with the Local Agency Formation Commission on Huntington Harbour Annexation No. 4. The mo- tion was passed by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley, Coen INTRODUCTION - HUNTINGTON HARBOUR GIRL SCOUT TROOP Mayor McCracken introduced the Huntington Harbour Girl Scout Troop #817 and Troop Leader Jackie Abel to the Council and audience, and commended them for their interest in attending the Council meeting. RESOLUTIONS At the request of Councilman Green, Resolution No. 3443 pertaining to the Seal Beach National Wildlife Refuge was held out for separ- ate discussion. Councilman Matney requested that separate discussion be held on Res- olution No. 3446 pertaining to a deed for street and easement purposes. On motion by Bartlett Council directed the Clerk to read Resolution Nos. 3444, 3445 and 3447 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley, Coen RES. N0. 3444 - ADOPTED - LANDSCAPING OF ARTERIAL HIGHWAYS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ES- TABLISHING ADDITIONAL GUIDELINES FOR LANDSCAPING OF ARTERIAL HIGHWAY,." RES. NO. 3445 - ADOPTED - MASTER PLAN AMEND. N0. 71-5 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMEND- MENT NO. 71-5 . " qo RES. NO. 3447 ADOPTED .-ACQUISITION OF PROPERTY •- SEWER EASEMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF H[JNTINGTON BEACH DE- CLARING THAT THE PUBLIC INTIPREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR SEWER EASEMENT PURPOSES, AND AUTHORIZI�,x THE CONDEMNATION OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AD.O DIRECTED ITS ATTORNEY TO PROCEED WITH SUCH ACTION." c d'Lg Wage ##5 - Council Minutes - 2/22/72 ::zy RES. NO. 34 3- NATIONAL WILDLIFE REFUGE - DEFERRED TO,Z:30 PORTION OF MTG. The Clerk presented Resolution No. 3443 for Council's consideration -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ES- TABLISHING ADDITIONAL GUIDELINES FOR LANDSCAPING OF ARTERIAL HIGHWAYS." Discussion was held by Council concerning the fact that the wildlife refuge area is in the path of the proposed Coastal Freeway. On motion by Green, Council directed that further consideration of Resolution No. 3443 be deferred to the 7:30 portion of the meeting. The motion passed by the following vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs, Green, Matney, McCracken Coen RES. NO. 3446 - ADOPTED - DEED CONVEYANCE - AMENDS RES. NO. 3124 The Clerk read Resolution No. 3446 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AMENDMENT AND REFORMATION OF PRIOR CONVEYANCE OF INTEREST IN REAL PROPERTY AND CONFIRMING PRIOR CONVEYANCE, AS AMENDED AND REFORMED." Following discussion, on motion by Matney, Council waived further reading of Resolution No. 3446 and adopted same by the following roll call vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley, ORDINANCES FOR ADOPTION Gibbs, Green, Matney, McCracken Coen At the request of Councilman Bartlett, the Mayor directed that Ordi- nance No. 1719 pertaining to bicycle riding across the Santa Ana River Bridge be considered separately. On motion by Green, Council directed the Clerk to read Ordinance Nos. 17189 1720, 17219 17229 1723, 1724, 1725, 1726 and 1727 by title, waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley, Coen is ) ORD. NO._IZ18 - ADOPTED - ZONE CASE NO. 71-41 "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 GOLDEN - WEST STREET, NORTH OF EDINGER AVENUE (ZONE CASE NO. 71-41)." '70_4, ORD. NO. 1720 -- ADOPTED - PARKING PERMITS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 6536, 6537 AND 6538 RELATING TO PARKING PERMITS." gar ORD. NO. l 21 - ADOPTED - ZONE CASE NO. 71-43 "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 AT THE SOUTHWEST CORNER OF LOS PATOS AVENUE AND BOLSA CHICA STREET (ZONE CASE NO. 71-43)." ORD. NO. 1722 - ADOPTED - ZONE CASE NO. 1-44. "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 SOUTH OF THE PROPOSEL TAL- BERT AVENUE ALIGNMENT, 1300 FEET WESTERLY OF EDWARDS STREET (ZONE CASE NO: 71-44)." Page #5 - Council Minutes - 2/22/72 ffl ORD. NO. 1723 - ADOPTED - ZONE CASE NO. 1-4 "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 SOUTHWEST CORNER OF GRAHAM STREET AND SLATER AVENUE (ZONE CASE NO. 71-45)." ORD. NO. 1724 - ADOPTED - AE CASE NO. 1-4 "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 WEST SIDE OF GOLDEN - WEST STREET NORTH OF MCFADDEN AVENUE (ZONE CASE NO. 71-47)." W ORD. NO. 1722 - ADOPTED - ZONE CASE NO. 71-49 "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 EDINGER AVENUE AND GOLDENWEST STREET (ZONE CASE NO. 71-49)." JI ORD. NO. 1726 - ADOPTED - ZONE CASE NO. 71- 0 "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 AT THE SOUTHEAST CORNER OF EDINGER AVENUE AND GOTHARD STREET (ZONE CASE NO. 71-50)." ORD. NO. 1727 - ADOPTED - SCHEb E OF OFFICER'S SALARIES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING SECTIONS 1421.1 AND 1421.2 AND AMENDING SECTION 1421 OF THE HUNTINGTON BEACH ORDINANCE CODE RELATING TO SCHEDULE OF OFFICER'S SALARIES." ORD. NO. 1719 - ADOPTED - RIDING OF BICYCLES - SANTA ANA RIVER BRIDGE The Clerk gave Ordinance No. 1719 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING SECTION 7334 THERETO TO PROHIBIT THE RIDING OF BICYCLES ACROSS THE SANTA ANA RIVER BRIDGE." In response to a question by Councilman Bartlett, the Director of Public Works informed Council that the bicycle riders will be able to cross the bridge by dismounting and using the sidewalk located on the south side of Pacific Coast Highway and that this ordinance was pre- pared to conform with the recommendations contained in the Bicycle Trails Program recently approved by the Council. On motion by Bartlett, Council waived further reading of Ordinance No. 1719 and adopted same by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney NOES: Councilmen: None ABSENT: Councilmen: Shipley, Coen ORDINANCES FOR INTRODUCTION The City Clerk informed Council that a correction had been made in Ordinance No. 1731 pertaining to the legal description of property. He then read the corrected portion of Ordinance No. 1731 for Council's information. On motion by Matney, Council directed the Clerk to read Ordinance No. 1728 as corrected, 1729, 1730 and 1731 by title, and waived further reading of same by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Bartlett, Gibbs, Green, Matney-, McCracken None Shipley, Coen 2so Page #7 - Council Minutes - 2/22/72 iQf ORD NO. 1Z28 _ FIRST READING - ZONE CASE NO. 71-51 "All "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 NORTH OF WARNER AVENUE, EAST OF GOLDENWEST STREET (ZONE CASE NO. 71-51 "A").1+ ORD. NO. 172 - FIRST READING - ZONE TASE NO. 1-51 "B" "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 GOLDENWEST STREET AND NORTH OF WARNER AVENUE (ZONE CASE NO. 71-51 "B")." /af ORD. NO. 1730 - FIRST READING - ZONE CASE N0. 1-51 "C" "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 NORTH SIDE OF WARNER AVENUE, EAST OF GOLDENWEST STREET (ZONE CASE NO. 71-51 "Cfr)." gar ORD. NO. 1731 - FIRST READING - ZONE CASE NO.71-39 "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 NEWLAND STREET AND TALBERT AVENUE (ZONE CASE NO. 71-39)." 77 COUNCILMAN GREEN - ELECTION TO SOUTHERN CALIF. ASSOC. OF GOVERNMENTS Councilman Matney announced the election of Councilman Jack Green as President of the Southern California Association of Governments - a regional agency composed of City and County governments in six counties. RECESS Mayor McCracken called a recess of the Council at 5:12 P.M. RECONVENE The meeting was reconvened at 7:30 P.M. by the Mayor. PROCLAMATION - SAVE YOUR VISION WEEK Mayor McCracken introduced Dr. Kenneth Jones to the Council and audience. Dr. Jones informed Council that the week of March 5-11, 1972, has been proclaimed "Save Your Vision Week" by the President of the United States. Mayor McCracken announced that the City would join in proclaiming the week of March 5-11, 1972, as "Save Your Vision Week", and urged each citizen to participate in activities designed to preserve and protect the precious gift of vision. GG - DENIAL _0_F MASTER PLAN AMENDMENT NO. 72-2 - DEFERRED The Clerk presented a transmittal from the Planning Commission cf Master Plan Amendment No. 72-2 which proposes a change in the Master Plan of Land Use on the 36.5 acre parcel of land located at the northwest cor- ner of Edinger Avenue and Graham Street from Light Industrial to Med- ium Density Residential. The Master Plan Amendment was initiated by the Planning Commission to be heard in conjunction with Zone Case No. 71-40. The Planning Commission denied Master Plan Amendment No. 72-2 on February 1, 1972, and recommends denial by the Coun,:.il. The Mayor informed Council that this item had been deferred fro:-1 the earlier portion of the meeting until Councilman Coen was presen-i,; however, he had been informed that he was ill, and had requested that consideration be deferred to the next meeting. A motion was made by Councilman Matney, to direct the City Attorney to prepare a legal opinion concerning the legality of a change of zone on this property, pursuant to Article 982 of zhe Huntington Beach Ordi- nance Code. 281 Page #8 - Council Minutes - 2/22/72 Mayor McCracken requested and was granted permission to abstain from voting on the matter due to a possible conflict of interest. Councilman Matney's motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney NOES: Councilmen: None ABSENT: Councilmen: Coen ABSTAIN:Councilmen: McCracken On motion by Bartlett, Council directed that this matter be continued to the next regular meeting, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney NOES: Councilmen: None ABSENT: Councilmen: Coen ABSTAIN:Councilmen: McCracken CONDITIONAL EXCEPTION 0-40 - FIRST CHRISTIAN CHURCH DEVELOPMENT The City Administrator informed Council of two meetings which had been held between the staff and the officials of the First Christian Church and their architect, William Blurock & Partners, to determine if all conditions attached to C.E. 70-40 had been met relative to their plans for the development of a 17 story retirement tower to be located on the south side of Adams Avenue between 17th Street and Main Street. Councilman Green referred to City Attorney Opinion No. 72-4, pre- pared at the request of Council, which stated that there was proper legal basis for the vacation of Shipley Street, and 72-5 holding that Council's approval of Conditional Exception No. 70-40 was il- legal because no hardship had been found. He requested that this fact be made part of the record of this meeting. Considerable discussion was held by Council. The City Attorney advised Council that they may assume by his opin- ion that Conditional Exception 70-40 was illegal at the time it was granted because no hardship had been found. However, he cautioned that the property owner would have opportunity in court to present its case on detrimental reliance, and if a substantial showing is made, the court could hold that the City is estopped at the time to deny the validity of the Conditional Exception. Mr. K. Dale Bush, Attorney for the developer, addressed Council and stated that the corporation had already made considerable expenditures in connection with the project. Mr. A. W. Knox, representing the Home Council, addressed the Council and stated that his organization was opposed to the project. Mr. Russell Mangum, Chairman of the Board of First Christian Church addressed Council and stated that they are ready to begin constructioLa on the project, but had been denied a building permit. Considerable discussion was held by Council. A motion was made by Councilman Matney, to declare Conditional Excep- tion No. 70-40 invalid due to lack of hardship being shown by the ap- plicant, referring to Superior Court Case M-1561(Knox vs City) and to direct that the Building Director be restrained .from issuing a Building Permit to the applicant. The motion failed by the follow- ing vote: AYES: Councilmen: Green, Matney NOES: Councilmen: Shipley, Bartlett, Gibbs, McCracken ABSENT: Councilmen: Coen The City Attorney advised Council that, as the motion had failed, there was no reason for the Building Director to deny the issuance of a Building Permit to the applicant should they apply for same. 281 Page #9 - Council Minutes - 2/22/72 Councilman Green requested the. City Attorney to prepare an opinion for presentation at the next meeting regarding whether the issuance of a Building Permit by the City constitutes validation of the Con- ditional Exception. RES. N0. 3443 - ADOPTED - SUPPORTS SEAL BEACH NATIONAL WILDLIFE REFUGE The Clerk presented Resolution No. 3443 which had been deferred from the earlier portion of the meeting - "A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING H. R. 10310, SEAL BEACH NATIONAL WILDLIFE REFUGE." Councilman Green stated that he was opposed to the adoption of Res- olution No. 3443 until a definite route for the proposed Coastal Freeway has been determined. Following discussion, Mayor McCracken directed that consideration of Resolution No. 3443 be deferred to the March 6, 1972 meeting. ;7 y APPEAL - DENIAL OF WILD ANIMAL PERMIT - REFERRED The Clerk presented a communication from Mr. Sigfried Janich appeal- ing the denial by the administration of a permit to have wild animals in his place of business - "Aqua Pet and Design", 5801 Warner Avenue, City. The City Administrator requested the Police Chief to present his re- port on the matter. Police Chief Robitaille informed Council that many complaints had been received by his department and the Humane Society, concerning the conditions under which animals are housed, and the type of animals which are kept in Mr. Janich's store. He stated that his department and the Humane Society had inspected the premises and determined that the facility was not equipped to handle these animals. Mr. Wallace Ford, member of the Orange County Herpetology Society, addressed Council at length concerning the animal species kept at Mr. Janich's pet shop. Mayor McCracken directed that this matter be referred to the Admin- istrator, Police Chief, and Animal Control Officer, to determine the number of wild animals allowed to be kept at the pet shop, together with the conditions which must be met for the keeping of same. s? PETITION - PROTESTING UNLEASHED DOGS The Clerk presented an informal petition signed by approximately 106 residents of the City, protesting and requesting an investigation of dogs running loose on downtown streets, and the operation of bicycles on downtown sidewalks. Following discussion, Mayor McCracken referred this matter to the City Administrator and Police Chief to ensure that the provisions in the ordinance code regarding these matters are enforced. k:3- 1,3 PETITION PROTESTING CLOSURE OF DOWNTOWN STREET - REFERRED The Clerk presented an informal petition listing property owners pro- testing the closure by the City of a block on 13th Street. The Assistant City Administrator informed Council that the closure was an experimental project put in on a trial basis, and that, due to the protests received, the block would be reopened by the end of the week. Mr. Leonard Wright, 606 15th Street, City, addressed Council and ex- plained the reasons for the homeowners opposition to the cul-cle-sac established in the street. Discussion was held concerning the notification which had been given, and the Planning Director stated that 455 notices had been mailed and that a meeting had been held with approximately 40 responding property owners. Page #10 - Council Minutes - 2/22/72 Mr. Richard E. Bannister, 504 14th Street, City, addressed Council in opposition to the street closure. Mrs. Eleanor Borkenhagen, 623 13th Street, addressed Council and stated that the majority of the property owners and residents of the area were completely opposed to the project. Mr. James Thomas, 505 13th Street, addressed Council and stated his opposition to the plan. Following discussion, Mayor McCracken directed that this matter be referred to the City Administrator and that no further action in this regard be proposed until a complete plan has been presented to the Council. DESIGN REVIEW BOARD CODE AMENDMENT - REFERRED The Clerk presented a transmittal from the Design Review Board of a proposed amendment to the Huntington Beach Ordinance Code relating to definitions of "Civic Facilities" and "Duties of the Design Review Board." Following discussion, on motion by Green, Council directed that the code amendment proposal submitted by the Design Review Board be re- ferred to the City Administrator and City Attorney for review. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen APPOINTMENT - DESIGN REVIEW BOARD - FRANK WHITE The Clerk presented a communication from the Design Review Board in- forming Council of the resignation from the Board of Mr. Frank White, whose term expires June 30, 1972, and requesting that an appointment be made to fill this vacancy. On motion by Matney, Council accepted the resignation of Mr. Frank White from the Design Review Board, with regrets, and directed that a Cer- tificate of Service be prepared for presentation to Mr. White in ap- preciation of his services to the City. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen NAME RECOMMENDATIONS - NEIGHBORHOOD PARKS The Clerk presented a memorandum from Administration of a list of names for recently completed neighborhood parks that had been sugges- ted by the Park Naming Committee and approved by the Recreation and Parks Commission. He informed Council that their approval of the following names was requested in order that signs may be constructed in time for dedication ceremonies in March. No. Park Invento Recommended Name 740 755 760 770 785 790 *800 *805 810 *815 820 825 840 *850 *855 Hope View Gisler Eader Oak View Sun View Cris Carr Circle View Clegg -Stacey Harbour View Lake View College View Bushard Lark View Arevalos Springdale Hope View Park Ernest H. Gisler Park John H. Eader Park Oak View Park Sun View Park Cris Carr Part Circle View Park Ada Clegg -Helen Stacey Park Harbour View Park Lake View Park College View Park John B. Bushard Park Lark View Park Andres R. Arevalos Park Springdale Park *Joint -power development parka Page #11 - Council Minutes - 2/22/72 On motion by Green, Council approved the names for neighborhood parks, as suggested by the Park Naming Committee, and approved by the Recre- ation and Parks Commission, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen BUSINESS LICENSE REVOCATION DEFERRED The Clerk presented a communication from the Police Chief recommending the revocation of the business license issued to the "He and She Health Club", 17434 Beach Boulevard, City. On motion by Green, Council directed that a public hearing be set for the meeting of March 6, 1972, to consider the possible revocation of the business license issued to the "He and She Health Club", at said location, and that the licensee be so notified of this action.. The motion was passed by the following vote: AYES Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen APPEAL - BAUM ELECTRIC COMPANY - DENIED The Clerk presented an appeal filed by Baum Electric Company, 10552 Stanford Avenue, Garden Grove, to the denial by the Board of Appeals to hear their appeal to the Building Department's refusal to issue certain electrical permits. He stated that this matter had been de- ferred from the February 7, 1972 meeting at the request of the appel- lant. The City Attorney informed Council that the only issue before them at this time was whether or not they wished to direct the Board of Appeals to conduct another hearing regarding the matter of pigtailing alumi- num wire to copper wire in residential construction in the City. Mr. Nicholas Toghia, Attorney representing the appellant, informed Council that they had been refused an electrical permit from the City Building Department on January 13, 1972, and as they had exhausted all avenues of appeal their only remedy was to appeal this matter to the City Council. Considerable discussion was held by the Council, City Attorney and Mr. Toghia. The City Attorney stated that if Council desires that a hearing be held they may refer this matter back to the Board of Appeals for a hearing on a technical level. He further stated that all appeals to Council should receive notice to the public. Following discussion, on motion by Green, Council sustained the decis- ion of the Board of Appeals and denied the appeal filed by Baum Electric Company, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen s-5 APPLICATION FOR BUSINESS LICENSE -- GOLDENWEST CLINIC - DEFERRED The Clerk informed Council of an application for business license filed by Rudy Vozzola to conduct the business of weight reducing salo:111 at 16511 Goldenwest Street, City, to be known as the "Goldenwest Clinic'."' He informed Council that this matter had been deferred from the meeting of February 7, 19729 at the request of the applicant. The Clerk further informed Council that they had been provided with copies of the police report regarding this matter, and that the appli- cant had once again requested a deferment of.the matter to the March 20, 1972 meeting. zs Page #12 - Council Minutes -- 2/22/72 On motion by Green, Council directed that the application for busi- ness license filed by Rudy Vozzola to conduct the business of weight reducing salon to be known as the "Goldenwest Clinic" at said location, be deferred to the meeting of March 20, 1972, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen rAt ZONE CASE NO. 1-20 - AREA "L" - APPROVED The Clerk presented Zone Case No. 71-20 "Area L", on which Council concluded a hearing on January 17, 1972, and referred same back to the Planning Commission for study and report, The report was sub- mitted by the Planning Commission on February 7, 1972, at which time Council deferred the matter to this date. Zone Case No. 71-20, "Area L" proposes a change of zone from R2 Two Family Residence District and R3 Limited Multiple Family Residence District to K1 Single Fam- ily Residence District, on property located approximately 200 feet south of Warder Avenue and approximately 920 feet east of Bolsa Chica Street. The Planning Director presentedaa resume' of the matter for Council's information. At the request of Councilman Matney, the City Clerk read the Council minutes of February 7, 1972, pertaining to this matter. Following discussion, on motion by Green, Council sustained the de- cision of the Planning Commission; approved Zone Case No. 71-20 "Area L" for a change of zone to R2 and directed the City Attorney to prepare an ordinance effecting same. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney NOES: Councilmen: McCracken ABSENT: Councilmen: Coen PUBLIC HEARING - ZC 71-54 - APPEAL - APPROVED - FRANK AYRES & SON CONST. CO. Mayor McCracken announced that this was the day and hour set for a public hearing on an appeal filed by Frank Ayres & Son Construction Company to the denial by the Planning Commission of Zone Case No. 71-54 from Rl Single Family Residence District to C4 Highway Commercial District with a 50 foot setback from the ultimate right-of-way line, on property located north of the intersection of Bushard Street and Brookhurst Street, consisting of 1.1 acres of land. 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. 71-54 or to the rec- ommendation of denial by the Planning Commission, other than the letter of appeal. The Planning Director presented a video tape of the area together with a resume' of the Planning Commission's reasons for recommending de- nial. Mayor McCracken declared the hearing open. Mr. Brian Parkinson, Vice -President of the Home Council, addressed the Council in opposition to the construction of a as station on this property, stating that there was presently an abundance of fil- ling stations in the area. Mr. Michael Jager, representing the appellant, addressed Council and displayed a drawing of the proposed gas station, stating that no other commercial development aside from the service station would be built on the property. 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. Page #13 - Council Minutes - 2/22/72 Considerable discussion was held by Council concerning the most suit- able use for this property. On motion by Green, Council overruled the decision of the Planning Commission; approved a change of zone to C4 and directed the City At- torney to prepare an ordinance effecting the change of zone. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen ion- q� Reroutingof Traffic - Brookhurst Avenue Councilman Matney requested the City Attorney to investigate the reas- ons why the contractor for the County Sanitation District rerouted traffic from Brookhurst Street to Bushard Street. He stated that one of the precise conditions attached to the issuance of the excavation permit for the Project I-8 Sewer Alignment was that two lanes would be kept open on Brookhurst Street at all times during construction. PUBLIC HEARING - ZONE CASE 2-1�- INITIATED BY THE PC - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Zone Case No. 72-1 initiated by the Planning Commis- sion for a change of zone from C2 Community Business District, to R5 Office -Professional District, on property located on the west side of Goldenwest Street, 820 feet south of the centerline of Warner Avenue and consisting of a 0.62 acre parcel of land. The Clerk informed Council that all legal requirements for notifica- tion, publication and posting had been met, and that he had received no communications or written protests to Zone Case No. 72-1 or to the recommendation of approval by the Planning Commission. The Planning Director presented a video tape of the area together with a resume' of the Planning Commission's reasons for recommending appro- val of Zone Case No. 72-1. He further informed Council that this tract was recorded at such a late date, that many of the property owners were not on the assessor's rolls and thus could not be notified. Mayor McCracken declared the hearing open. Mr. Louis A. Starr, 7622 Volga Drive, addressed Council and presented his opposition to the zone change, stating that he had developed his property under the impression that the present zoning was permanent. Mr. Larry Harrell, 6921 Rock Drive, City, representing five property owners in the area, addressed Council in favor of the proposed zone change, stating that he believed the present commercial zoning was detrimental to nearby residences. 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. Following discussion, on motion by Green, Council sustained the de- cision of the Planning Commission; approved Zone Case No. 72-1 as in- itiated by the Planning Commission 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, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen /,i 1 PUBLIC HEARING - ZONE CASE 2-2A - INITIATED BY PC - APPROVED Mayor McCracken announced that this was the dExy and hour set for a public hearing on Zone Case No. 72-2A initiated by the Planning Com- mission, which proposes a change of zone from RA Residential Agricul- tural District, to R1 Single Family Residence District, on property lo- cated at the northeast corner of Slater Avenue and Goldenwest 'street and consisting of 5.8 acres of land. 287 Page #14 - Council Minutes -- 2/22/72 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. 72-2A 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. 72-2A. 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 Zone Case 72-2A as initiated by the Planning Commission and directed the City Attorney to prepare an ordinance effecting the change of zone. The motion was passed by the follow- ing vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen PUBLIC HEARING - ZONE CASE 2-213'a' INITIATED BY PC - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Zone Case No. 72-2B initiated by the Planning Commission, which proposes a change of zone from M1 Light Industrial District, to R1 Single Family Residence District on property located on the north side of Slater Avenue, approximately 670 feet east of the centerline of Goldenwest Street and consists of 2.8 acres of land. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and that he had received no communications or written protests to Zone Case No. 72-2B 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. 72-28. 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 Zone Case No. 72-2B as initiated by the Planning Commission 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, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen PUBLIC HEARING - ZONE CASE 72-3INITIATED BY THE PC - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Zone Case No. 72-3 initiated by the Planning Com- mission, which proposes a change of zone from R3 Limited Multiple Family Residence District to R5 Office Professional District on prop- erty located at the southeast corner of Newman Street and Beach Boul.)- vard and consisting of 14.0 acres of land. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and --that he had received no communications or written protests to Zone Case No. 72--3 or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 72-3. 28S Page #15 - Council Minutes - 2/22/72 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 Zone Case No. 72-3 as initiated by the Planning Commission 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, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen PUBLIC HEARING - ZONE CASE 2-6 -INITIATED BY THE PC - CONTINUED Mayor McCracken announced that this was the day and hour set for a public hearing on Zone Case No. 72--6 initiated by the Planning Commission, which proposes a change of zone from C4 Highway Commercial District to RA Residential Agricultural District on property located north of Ellis Avenue 354 feet west of the centerline of Beach Boulevard and consisting of 2.2 acres of land. The Clerk informed Council that all legal requirements for notifica- tion, publication and posting had been met, and that he had received no communications or written protests to Zone Case No. 72-6 or to the recommendation of approval by the Planning Commission. He informed Council that a communication had been received from Mark C. Bloome, Jr. Executive mice -President of Mark C. Bloome Company, requesting that this matter be continued to the next regular meeting. Mayor McCracken declared the hearing open. On motion by Green, Council continued the public hearing on Zone Case No. 72-6 to the March 6, 1972 meeting, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen PUBLIC HEARING - MASTER PLAN AMENDMENT 2-1 APPROVED-RES. No. 448--ADOPTED Mayor McCracken announced that this was the day and hour set for a public hearing on Master Plan Amendment No. 72-1, initiated by the Planning Commission, to a portion of Study Area "B", on property gener- ally bounded by Ellis Avenue on the south, Edwards Street on the west, Warner Avenue on the north and Newland Street on the east. 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 Master Plan Amendment 72-1 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 Master Plan Amendment 72-1. 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. The Clerk was directed to give Resolution No. 3448 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AME'-0MENT 72-1. " On motion by Green, Council waived further reading of Resolution No. 3448 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen Z S59 I Page #16 - Council Minutes - 2/22/72 "z PUBLIC HEARING -- PRECISE PLAN ALIGNMENT „Y2, ,�, ,- INITIATED BY PC --APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Precise Plan of Street Alignment 72-3 initiated by the Planning Commission, to precise plan the street alignment for a street stub parallel to and 630 feet north of the centerline of Ellis Avenue from the extension of Lisa Lane to a point 100 feet easterly of Lisa Lane. 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 Precise Plan Alignment 72-3 or to the recom- mendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Precise Plan Alignment No. 72-3. 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 Matney, Council sustained the decision of the Planning Commission; approved Precise Plan Alignment 72-3 initiated by the Planning Commission, and directed the City Attorney to prepare an ordinance effecting same. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen PUBLIC HEARING - RESOLUTION OF INTENTION 3434 - TALBERT AVE. CLOSURE Mayor McCracken announced that this was the day and hour set for a public hearing on Resolution of Intent No. 3434 to close a portion of Talbert Avenue in the City of Huntington Beach, at a line des- cribed as follows: From the westerly right of way line of Gothard Street to the easterly right of way line of Goldenwest Street. The Clerk informed Council that all legal requirements for publica- tion and posting had been met, and that he had received no communi- cations or written protests to Resolution of Intention No. 3434, or to the recommendation of approval by the Planning Commission. 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. The Clerk was directed to read Resolution No. 3441 by title - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE CLOSURE OF A PORTION OF TALBERT AVENUE." On motion by Gibbs, Council waived further reading of Resolution No. 3441 and adopted same by the following roll cal: vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracl-en NOES: Councilmen: None ABSENT: Councilmen: Coen il5 PUBLIC HEARING - RES. OF INTENT 3432-UNDERGROUND UTILITY DISTRICT 72-4 Mayor McCracken announced that this was the day anc: hour set for a public hearing on Resolution of Intent No. 3432 to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in th4 distract within the right of way of Goldenwest Street from McFadden Avenue to one quarter mile south of McFadden Avenue. ZW Page #17 - Council Minutes - 2/22f72 The Clerk informed Council that all legal requirements for notifica- tion and posting had been met, and that he had received no communi- cations or written protests to Resolution of Intention No. 3432, or to the recommendation of approval of the Planning Commission. 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. The Clerk was directed to read Resolution No. 3442 by title -- "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HU/�NTINGTON BEACH ESTAB- LISHING UNDERGROUND UTILITY DISTRICT NO. 72-4.11 On motion by Green, Council waived further reading of Resolution No. 3442, and adopted same by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen REPORTS - COUNCIL COMMITTEES Metropolitan Water District - Bolsa Island Project Councilman Matney reported on his attendance at the February 15, 1972 Board of Supervisors Meeting, stating that the Board had requested, and had been granted by the Metropolitan Water District of Southern California, a six month to one year extension of time before action is taken on the Bolsa Island Project to enable the Council to consider the environmental impact report which had been submitted, as well as any additional material which may be forthcoming. Councilman Matney recommended that the City Administrator request a similar extension for the City. Council Committee on Downtown Property Development Councilman Matney reported on the recent meetings held between the Council Committee and the Downtown Property Owners Association.. He stated that it appears that most of the downtown development can be done through private means with the City assisting the property owners. COMMENTS FROM COUNCIL Use of Vacant Property - Talbert Avenue and Beach Boulevard Councilman Green stated that a to Beach Boulevard was being used by they have for sale, and requested this matter. ^a.. Labor Relations Workshop t located near Talbert Avenue and people to park automobiles which the City Administrator to investigate Councilman Matney reported that the City Attorney, Personnel Officer and he had attended a Labor Relations Workshop in San Diego and that he would present a report on the meeting in the near future. Bicycle Riding in Downtown Area Mr. George Arnold, 623 Main Street, City, addressed Council and re- quested stricter enforcement of the ordinance prohibiting persona from riding bicycles on the sidewalks. Joint Meeting Scheduled - Council & Charter Revision Committee Mayor McCracken announced that a joint meeting between the Council and the Charter Revision Committee would be held March 13, 1972, at which time Council would also review the report from the firm of' Ernst & Ernst regarding the City's present financial position and their proposal for a five to ten year financial plan. 291 Page #18 - Council Minutes - 2/22/72 ADJOURNMENT On motion by Shipley, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:37 P.M. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Coen ATTEST: Paul C. Jones City Clerk Paul C, ones City Clerk and ex--officio Clerk of the City Council of the City of Huntington. Beach, California eorge C. McCracken Mayor 1?9