HomeMy WebLinkAbout1972-05-01MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, May 1, 1972
Mayor Coen called the regular meeting of the City Council of the City
of Huntington Beach to order at 7:00 P.M.
The Pledge of Allegiance was given by all present in the Council Chamber.
ROLL CALL
Councilmen Present: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
Councilmen Absent: None
PROCLAMATION - BIKECOLOGY WEEK - MAY 1-7
Mayor Coen introduced Mrs. Margaret Carlberg, Chairman of the Envir-
onmental Council and Mr. Jim Mallard, representing the Orange County
Wheelmen Club, to the Council and audience, Mrs. Carlberg invited
interested members of the community to participate in the various bi-
cycle trips planned throughout the city.'
Mayor Coen then proclaimed the week of May 1-7 as "Bikecology Week,"
in Huntington Beach in conjunction with its observance throughout the
State, and urged the community's participation in this healthful and
enjoyable activity.
HUNTINGTON BEACH.AQUATIC CLUB MERS INTRODUCED
Mayor Coen introduced Mr. Flip Darr, coach of the Huntington Beach
Aquatic Club who introduced several members of the club and spoke
regarding the teams accomplishments in recent swim meets throughout
the State. Mr. Darr introduced the club members who have qualified for
the Olympic Trials and stated that altogether the club membership
totals approximately 400 young �p9eople.
PROCLAMATION - "COMMUNITY FESTIVAL DAY" - INDIAN MAIDENS INTRODUCED
Mayor Coen introduced Mrs. Ramona Smith leader of the YWCA Indian
Maidens of the Nation of the White Buffalo, who in turn introduced
the members of the club. The Indian Maidens invited the Council mem-
bers and audience to attend the City Festival which will be held at
Murdy Community Center on Saturday, May 13, 1972.
Mayor Coen then proclaimed "Community Festival Day" in Huntington Beach
and urged the communityts attendance at the event which is sponsored
for the third year by the Huntington Beach Coordinating Council.
CONSENT CALENDAR - )ITEMS APPROVED)
The City Clerk informed Council that a correction had been made in
Item D-8, Final Tract Map 7639 to include within the body, the wording
"Acceptance of offers of dedication."
On motion by Green, the following items, including Item D-8 as corrected,
were approved as recommendec�by roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
1. MINUTES - Approved and adopted minutes of the regular meeting of
Apri�T972, as written and on file in the office of the City Clerk.
2. REIMBURSEMENT - AMERICAN NATIONAL PROPERTIES - Approved reimburse-
ment IR Me amour of $1,193.50o Merican a oral Properties for
construction of oversized water main at the northwest corner of Gothard
Street and Warner Avenue, as recommended by the Director of Public Works.
3.
q8-- `d l
L;U-itq$ - Approvea an easemen-c aeea do z5outinern uailiornia zaison
Company or proposed underground facilities within Edison Park - CC-187
which will serve the Community Center and Fire Station, and authorized
the Mayor and City Clerk to execute same on behalf of the City.
Page #2 ''Council Minutes - 5/l/72
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4. LABOR & MATERIALS BOND NO. 18 - -00 - TRACT 6 26 - WM. LYON DEV. CO
Accepts or and MaTerials Bond No. ireman s Insurance
Company of Newark, New Jersey) as recommended by the Director of Public
Works,.and directed the City Clerk to file same with the City Treasurer.
5 SUBDIVISION AGREEMENT - TRACT NOS. 6808 - HUNTINGTON HARBOUR ORP.
Accepted numen on No. 113867 and ImprovementBonds No.
(Commercial Standard Insurance Company); approved and authorized exe-
cution of the Subdivision Agreement for Tract No. 6808, as recommended
by the Director of Public Works.
tai(
6.
raonlMen-G Dona Me i_?00la Knna LWPr0V=t!n L, DMIU5 lW . .L,:)oo-LF+ — k j'U"
Insurance Company); approved and authorized execution of the Su
Agreement for Tract No. 7639, as recommended by the Director of
Works.
- Accepted
onaut
division
Public
7. CLAIM NO. 2-18 JAMES ZIETHING JR. - DENIED - Denied Claim No.
72-16 111ea ' by Sikora and Price, Inc o� rn�ys .at Law on behalf of
James Ziething, Jr., for alleged personal injuries received on or
about January 23, 1972, in the vicinity of the College View Elementary
School, and referred same to the City's insurance carrier.
8. FINAL TRACT MAP NO. 7639 - McREON CONSTRUCTION - APPROVED -
Accepted offers of dedication and improvements dedicated to public
use as shown on Final Tract Map No. 7639 located north of Heil Avenue
410 feet east of Algonquin Street; Acreage: 11.040; Lots: 4 (Planned
Residential Developments); Developer: McKeon Construction, 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 200 1969,.:with the additional
stipulations that the final map shall be recorded prior to expiration
of Tentative Tract Map No. 7639, on November 16, 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.
Mesa, for alleged
vicinity of 16171
insurance carrier.
i "@ LLV 11G41&%AV LVV.7 L'LVIIA
property damages on or
Malaga Lane, City, and
BEN E�D - Denied Claim No.
.oza Drive, Apt. C, Costa
about March 24, 1972, in the
referred same to the City's
10. NOTICE OF COMPLETION - TRAFFIC SI_„ - CC-1 1 - Accepted work
on t_ ATraffic gnal at GoldenwestStreet and Mansion Avenue - CC--1910
completed by Steiny and Company, Inc., for a final contract amount of
$180471.00, and directed the Clerk to file a Notice of Completion with
the Orange County Recorder.
11. DEDICATION OF IMPROVEMENTS - TRACT NO. 6726 - WM. LYON DEV CO. -
Accepted Improvemen s deUica ed to piiDlic use in Tract No. b726 -
located on Slater Avenue and Edwards Street, authorized the release
of the Monument Bond only and the termination of the Subdivision Agre-
ement, and directed the Clerk to notify the bonding company of this
action.
ALCOHOLIC BEVERAGES IN PUBLIC FACILITIES - PRESFM POLICY SUSTAINED
The City Administrator informed Council that they had been provided
with his report and recommendation concerning the question of permit-
ting consumption of alcoholic beverages in public recreational centers
and parks.
Mayor Coen stated that he believed the ordinance code should be amended
to allow wine tasting parties and similar affairs to be held in City
facilities.
.2 -
Page #3 - Council Minutes - 5/l/72
Considerable discussion was held by Council on the matter.
On motion by Gibbs, Council sustained the present policy prohibiting
the consumption of alcoholic beverages in public recreation centers
and parks by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke
NOES: Councilmen: Coen
ABSENT: Councilmen: None
ce'
REPORT ON SB 325 - USE OF GAS TAX FUNDS
The City Administrator stated that, pursuant to Council direction of
April 17, 1972, his office was studying the participation by cities in
environmental enhancement projects utilizing SB 325 funds, and that .
a report on the matter should be available at the next Council meeting.
REQUEST - HUNTINGTON VALLEY"LITTLE LEAGUE
The City Administrator .informed Council that the Huntington Valley
Little League had requested the City to enter into a Joint Powers
Agreement with their organization to enable them to hold their games
on school property at the Yorktown School site. Mr. Rowlands informed
Council of a recent decision of the County Counsel declaring it il-
legal for a school district to enter into an agreement with a private
organization for the use of school property. He stated that if Council
desired to do so they could indicate their approval to enter into such
an agreement and the necessary documents would be prepared for the
May 15, 1972 meeting.
On motion by Matney, Council instructed the City Attorney to prepare
a Joint Powers agreement between the City and the Huntington Valley
Little League for the use of school property at the Yorktown School
site, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT Councilmen: None
STUDY SESSION SCHEDULED
The Administrator requested that Council hold a study session on
Monday, May 8, 1972, to discuss the proposed Permit Ordinance and
budget items.
PLANS & SPECIFICATIONS -CENTRAL CITY LIBRARY
The City Administrator recommended to Council that they authorize
that plans and specifications for the Central City Library be printed
and prepared for bids, with a condition that any changes the City
might find necessary can be included by addendum.
On motion by Shipley, Council approved the recommendation of the City
Administrator and authorized him to inform Mr. Dion Neutra, Library
Architect, that the plans and specifications for the Central City
Library could be printed and prepared for bids with the condition that
any changes that the City finds necessary can be included by addendum.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
,�-5
REPORT - TRAILS ELEMENT STUDY PLAN
The Planning Director presented a progress report on the Trails Element
Study Plan for the City's Master Plan of Land Use.
Discussion was held by Council concerning the amount of money which
could be expended on the trails system; however, no action was taken
on the matter.
Page #4 - Council Minutes - 5/1/72
RESOLUTIONS
On direction from Mayor Coen, Resolution No. 3480 pertaining to Use
Permits for R1-PD Developments and Resolution No. 3481 pertaining to
Federal Standards for control of outdoor advertising, were held out
for separate discussion.
On motion by Bartlett, Council directed the Clerk to read Resolution
Nos. 3475, 3476, 3477, 3478 and 3479 by title, waived further reading
end adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
RES. NO. 3475 - ADOPTED - SUI' AGAINST CERTAIN AUTOMOBILE MANUFACTURERS i
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AGREEING TO DROP ITS CLAIM FOR DAMAGES IN A SUIT AGAINST CERTAIN AUTO-
MOBILE MANUFACTURERS
RES, NO, 3476 - ADOPTED - POSES AB 452 & 475 - RETIREMENT BENEFITS
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
OPPOSING ASSEMBLY BILLS 452 AND 475 INCREASING RETIREMENT BENEFITS
FOR LOCAL SAFETY MEMBERS."
RES. NO. 3477 - ADOPTED - PRESCRIBES TIME FOR REGULAR COUNCIL MEETINGS
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
PRESCRIBING THE TIME FOR THE HOLDING OF REGULAR COUNCIL MEETINGS."
RES. NO. 3478 - ADOPTED - UN&GROUND UTILITY DISTRICT NO. 72-3
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 72-3."
116
RES. NO. 3479 - ADOPTED - UNDERGROUND UTILITY DISTRICT NO. 72-5
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 72-5•"
RESOLUTION NO. 3481 - ADOPTED'- CONTROL OF OUTDOOR ADVERTISING
The Clerk presented Resolution No. 3481 for a reading by title -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
REQUESTING FEDERAL LEGISLATION GRANTING STATES THE RIGHT TO MEET
FEDERAL STANDARDS FOR CONTROL OF OUTDOOR ADVERTISING."
Mr. Roger Slates, President of the Chamber of Commerce, presented
a report on the efforts which have been made by the Chamber to effect
the removal of the advertising billboards along Pacific Coast High-
way. He informed Council that the Chamber of Commerce had sent a
letter, together with material on the matter, to Assemblyman Robert
Burke. He stated that Assemblyman Burke had replied that the bill-
boards could be removed if there were a letter from the City Admin-
istrator together with a resolution from the City Council asking
for the removal to take place
The City Attorney addressed Council regarding the city's present
legal status in connection with the complaints which his office has
filed against five outdoor advertising companies. Mr. Bonfa stated
that the companies in turn have filed an injunction on the matter
which prohibits the city from taking further action until the consti-
tutionality of the ordinance code has been determined.
On motion by Bartlett, Council directed the City Attorney to prepare
a resolution for transmittal to the appropriate State agencies,
specifically directed to encourage the State to remove the 61 bill-
board sites along Pacific Coast Highway. The motion was passed by
the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
54
Page #5 - Council Minutes - 5/l/72
Following a reading by title of Resolution No. 3481, on motion by
Gibbs, Council waived further reading and adopted same as amended
by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney., Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
RES. NO. 3480 - ADOPTED - MORATORIUM - USE PERMITS - R1-PD DEVELOPMENTS
The Clerk presented Resolution No. 3480 for a reading by title -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
IMPOSING A MORATORIUM ON THE ISSUANCE OF USE PERMITS BY THE PLAN-
NING COMMISSION WITH RESPECT TO Rl-PD DEVELOPMENTS."
Councilman Duke spoke briefly regarding the proposed resolution,
stating the reasons why he believed a moratorium on the issuance of
use permits on R1-PD Developments was in order.
Councilman Green stated that he believed a study on the matter should
be conducted by a qualified group; however, he also believed that a
moratorium was needed.
The City Attorney advised Council that adoption of a moratorium reso-
lution would require a four -fifths vote of the Council.
Considerable discussion was held by Council regarding the density
factor of the R1-PD portion of the ordinance code.
Following a reading by title, on motion by Duke, Council waived further
reading of Resolution No. 3480 and adopted same by the following roll
call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
The City Administrator was directed by Council to prepare a report
on whether density per se is objectionable, and if so, the possible
steps which might be considered to control the density factor in the
city's future development.
ORDINANCES FOR ADOPTION
On motion by Gibbs, Council directed the Clerk to read Ordinance No.
1744 by title; waived further reading and adopted same by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD. NO. 1744 - ADOPTED �"ZONE CASE NO. 72-10
"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 SLATER
AVENUE, EAST OF BEACH BOULEVARD (ZONE CASE NO. 72-10)."
ORD. NO. 1745 - ADOPTED - ZONE CASE NO. 71-28
The Clerk gave Ordinance No. 1745 a second 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 EAST OF BEACH BOULEVARD AND NORTH OF
ELLIS AVENUE (ZONE CASE NO. 71-28)."
On motion by Gibbs, Council waived further reading of Ordinance No. 1745
by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
Page #6 - Council Minutes - 5/l/72
On motion by Gibbs, Council adopted Ordinance No. 1745 by the follow-
ing roll call vote:
AYES: Councilmen; Shipley, Bartlett, Gibbs, Green, Coen
NOES: Councilmen: Matney, Duke
ABSENT: Councilmen: None
ORDINANCES FOR INTRODUCTION
On motion by Bartlett, Council directed the Clerk to read Ordinance
No. 1746 by title, and waived further reading of same by the follow-
ing roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green,' Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD. N0. 1746 - FIRST READIN - ZONE CASE N0. 72-13
"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 CLAY AVENUE AND WEST
OF GOLDENWEST STREET (ZONE CASE NO. 72-13)."
IMPL WTATION OF THE GREENBELT PLAN - COMMITTEE APPOINTMENTS
The Clerk presented a communication from Ronald W. Caspers, Chairman
of the Board of Supervisors, requesting that the City adopt the Im-
plementation Program for the Santa Ana River -Santiago Creek Greenbelt
Plan by resolution and further requesting that Council appoint persons
to serve on the Greenbelt Organization Committee, Greenbelt Program
Plan Committee and the Huntington Beach Greenbelt Committee.
Council deferred action to adopt the Implementation Program for the
Santa Ana River -Santiago Creek Greenbelt Plan until a study on the
matter had been completed by the City Attorney. Council deferred
action adopting a resolution.
Mayor Coen appointed Councilman Shipley to represent the City on the
Greenbelt Organization Committee and Thomas Severns, Development Co-
ordinator, was appointed to represent the City's technical staff as a
rotating member of the Greenbelt Program Plan Committee, and further
directed that the Greenbelt Coordinator be notified of this action.
The City Administrator informed Council that he had submitted a list
of citizens recommended for appointment to the Huntington Beach Green-
belt Committee for Council's consideration.
It wag determined by Council that the citizens appointments to the
Huntington Beach Greenbelt Committee would be made following a review
of the list of recommended appointments submitted by the City Admin-
istrator.
1421
ZC 71 _31 - AREA "Al' & "B" - PC RECONSIDERATION - APPROVED
The Clerk presented Zone Case No. 71-31 - Area "A" and "B" Resolution
of Intent of the Planning Commission on which a hearing was opened and
closed at the meeting of December 6, 1971 and the matter referred back
to the Planning Commission for further study and possible change of
zone to R2 rather than R3. The proposed zone.change is as follows:
Area "All - Change of Zone from M2 Heavy Industrial District to R3
Limited Multiple Family Residence District. Subject prop-
erty is the SE 1/2 of Block 617 and is located on the north-
west side of 17th Street between Palm Avenue and Acacia
Avenue.
Area "B" - Change of Zone from M2 Heavy Industrial District to R3 .
Limited Multiple Family Residence District. Subject prop-
erty is the SE 1/2 of Block 517, located on the northwest
side of 17th Street, between Acacia and Pecan Avenues.
,3:
Page #7 - Council Minutes - 5/1/72
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending a change of zone to R2.
On motion by Gibbs, Council approved Zone Case No. 71-31 - Planning
Commission Resolution of Intent, for a change of zone to R2 and di-,
rected 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, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - ZONE CASE 71-16'"Z- APPEAL - JONES REALTY - CONtT.
Mayor Coen announced that this was the day and hour set for the con-
tinuance of a public hearing opened on March 6, 1972, on an appeal
filed by Donald P. Jones, Paul Jones Realty, 17931 Beach Boulevard,
City, to the denial by the Planning Commission of Zone Case No. 71-16,
for change of zone from RA Residential Agricultural District, to R3
Limited Multiple Family Residence District, on property located on
the west side of Goldenwest Street, approximately 1200 feet south of
Talbert Avenue.
The City Clerk informed Council of a communication received this date
from the appellant requesting a postponement of the hearing to the
meeting of June 5, 1972.
On motion by Matney, Council directed that the public hearing on Zone
Case No. 71-16 be continued to the June 5, 1972, meeting by the fol-
lowing vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen
NOES: Councilmen: Gibbs, Duke
ABSENT: Councilmen: None
PUBLIC HEARING - ZC 71-42 - APPEef - DENIED - CLASSIC DEVELOPMENT CORP.
Mayor Coen announced that this was the day and hour set for the con-
tinuance of a public hearing opened on March 20 1972, on an appeal filed
by Classic Development Corporation, P. 0. Box 247, Garden Grove, to
the denial by the Planning Commission of Zone Case No. 71-42, for change
of zone from M2-0 and M2-01 Heavy Industrial District, combined with
oil production, to R2-PD Two Family Residence District - Planned Resi-
dential Development Suffix and R2-01 Two Family Residence Distract -
Planned Residential Development Suffix, combined with oil production,
on property located on the south side of Ellis Avenue and west of Hunt-
ington Street.
Mr. Ronald W. Martin, engineer for the applicant, addressed Council and
gave reasons why he believed Council should approve Zone Case 71-42.
Mr. Wolfe, representing the developer addressed Council in favor of
the proposed 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.
The City Attorney informed Council that pursuant to their request at
the April 17, 1972 meeting he had prepared an opinion regarding whether
a member of Council can vote on an appeal matter which he has previously
heard and voted on as a Planning Commissioner. Mr. Bonfa stated that
it was his opinion that Councilman Duke was ineligible to vote on mat-
ters limited to true appeals such as appeals to Council of use permits
and conditional exceptions, and those matters where the action of the
Planning Commission is final unless appealed within ten days. He .
further stated that this opinion does not apply to zone change matters
which are not final at the Planning Commission level, as they are leg-
islative and not quasijudicial acts, because they require the adoption
of an ordinance which only the Council can do by law.
3571
Page #8 - Council Minutes - 5/l/72
Councilman Duke briefly stated the reasons why he intended to vote
on such matters appearing before Council.
Following discussion on motion by Green, Council sustained the decision
of the Planning Commission and denied Zone Case No. 71-42 by the follow-
ing roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
.aBSENT: Councilmen: None
PUBLIC HEARING - ZC 72-7 - APPEAL - DENIED - LAWRENCE J. RINK
Mayor Coen announced that this was the day and hour set for the con-
tinuance of a public hearing opened on March 6, 1972, on an appeal
filed by Lawrence J. Rink, 1434 Westwood Boulevard, Los Angeles, to
the denial by the Planning Commission of Zone Case No. 72-7, for
change of zone from R2 Two Family Residence District to R3-PD Limited
Multiple Family Residence District - Planned Residential Development
on property located at the south east corner of Algonquin Street and
Pearce Avenue and consists of approximately 4.48 acres of land.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending denial of Zone Case No. 72-7.
Mr. Dick Tom, architect representing the applicant, addressed Council
and urged approval of the zone change stating that the density of the
development would be handled properly. He then presented slides of
the proposed development for Council's information.
Mr. John Horn, Vice President of the Huntington Harbour Property Owner's
Association, addressed Council and stated that the Board of Directors
has adopted a resolution asking that Council deny the requested zone
change due to the increased density factor.
Mr. Don Eggleston, Vice President of the Home Council addressed Council
in opposition to the zone change.
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 Matney, Council sustained the decision of the Planning
Commission and denied Zone Case No. 72-7 by the following vote:
AYES: Councilmen: Shipley, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: Bartlett
ABSENT: Councilmen: None
il
PUBLIC HEARING - CE NO. 72-8 A4EAL - DENIED - HUNTINGTON BEACH CO.
Mayor Coen announced that this was the day and hour set for the con-
tinuance of a public hearing opened on April 17, 1972, on an appeal
filed by the ,Huntington Beach Company, 2110 Main Street, City, to the
denial by the Planning Commission of Conditional Exception No. 72-8,
to permit a wholesale nursery on approximately 8.26 acres of land
in the M2-02 Heavy Industrial District, combined with oil production,
on property located at the southwest corner of Goldenwest Street and
Garfield Avenue.
Mr. Rowlands requested the City Attorney to inform the Council of a
new amendment to the Government Code which may have effect on this zone
change.
The City Attorney stated that there was a new amendment to the Govern-
ment Code which stipulates that a variance shall not be granted for a
parcel of property which authorizes a use or activity which is not
otherwise expressly authorized by the zone regulation governing the
parcel of property. He informed Council that it was his opinion that
the application for conditional exception was not in order, as it's ap-
proval would actually effect a zone change; and based on this fact, he
believed this matter was improperly before the Council.
,35S
CORRECTED PAGE
Page #9 - Council Minutes - 5/l/72
Mr. William Foster, representing the Huntington Beach Company, requested
permission to speak on the matter and for Mr. Eugene Cory, the proposed
lessee of the property to also speak. The Mayor made a determination
that any testimony these gentlemen might have to offer, in view of the
opinion expressed by the City Attorney, and the recommendation of the
City Administrator, would be improper, and closed the public hearing.
A motion was made by Councilman Matney to refer Conditional Excpetion
No. 72-8 back to the Planning Commission.
Following discussion on the matter, the motion made by Councilman Matney
was withdrawn.
On motion by Green, Council sustained the decision of the Planning Com-
mission and denied Conditional Exception No. 72-8, without prejudice,
based on the facts presented by the City Attorney. The motion was passed
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
The Planning Director informed Council that the Planning Commission has
initiated a code amendment that would allow an 0-2 District to be combined
with a Residential Agricultural District, and that a request for a nursery
use, such as Conditional Exception No. 72-8, would be permitted in the
Residential Agricultural District.
Ioy
PUBLIC HEARING - APPEAL - T.T. MAP #7596 - UP #72-13 - DENIED
Mayor Coen announced that this was the day and hour set for the continu-
ance of a public hearing opened on April 17, 1972, on an appeal filed
by himself to the approval by the Planning Commission of Tentative Tract
Map #7596 and Use Permit #72-13 with conditions as stipulated by the
Planning Commission to allow the construction of a townhouse development
consisting of 572 lots on 81.7 acres of land in the Rl Single Family
Residence District, on property located south of Garfield Avenue and east
of Newland Street.
The Clerk informed Council that a communication had been received from
the Fountain Valley School District in opposition to the matter.
..The Planning Director presented a resume' of the Planning Commission's
reasons for recommending conditional approval.
The Recreation and Parks Director spoke on the matter and presented
slides of the area for Council's information. He presented a detailed
report concerning the proposed parksite to be dedicated and the recre-
ational facilities involved.
Considerable Discussion was held, and in response to a question by
Council, the City Attorney stated that, until a decision is finalized
regarding the parksite, he would recommend that no action be taken on
the Use Permit application.
Mr. John Tapking, representing the developer addressed Council and spoke
regarding the proposed change in the configuration of the parksite and
its effect upon some of the units in the development. He gave reasons
why he believed the project should be approved and presented films of a
similar project his company had built in Fountain Valley, and stated
that Council had been provided with copies of an information sheet on
this development.
Discussion was held between the Council and Planning Director concerning
the provisions set forth in the ordinance code for condominium devel-
opments.
Dr. Jack E. Mahnken, representing the Fountain Valley School District,
addressed Council and informed them that the district requested that
Council reject this application and support their position that the
area remain zoned Rl..
Mr. Melvin Love, 8441 Gilford Circle, City, addressed Council in oppo-
sition to the project, stating that he believed it would have a detri-
mental effect on the area.
Mr. Ray Stewart, 8461 Gilford Circle, City, addressed Council in op-
position to the'development.
Page #10 - Council Minutes - 5/l/72
Mr. Brian Parkinson, representing the Home Council, addressed Council
and submitted an informal petition listing approximately 36 signatures
of persons in the area opposed to the development.
Mrs. Katherine Swanson, 8951 Albatross Drive, addressed Council and
submitted an informal petition listing approximately 260 signatures of
persons opposed to the development. She spoke at length regarding
the need for parks in the southeast section of the city, and requested
that no more high -density apartment units be allowed.
Mr. Robert Dingwall, 19791 Estuary Lane, City, addressed Council in op-
position to the project stating that he believed it would generate
approximately 80 more children at the Newland School, necessitating
three more school rooms. He further stated that he believed the den-
sity proposed was in clear violation of the Master Plan for that area.
The City Attorney read a section of the ordinance code relating to the
grounds upon which an application for use permit may be denied. At
Council's request he read Article 9310 of the ordinance code pertaining
to Planned Residential Developments.
There being no one further present to speak on the matter, and there
being no further protests filed either oral or written, the hearing was
closed by the Mayor.
A motion was made by Councilman Matney, to overrule the decision of
the Planning Commission and deny Use Permit 72-13 and Tentative Tract Map
No. 7596 based on (b), (c) and (g) of S. 9841.4 of the Huntington Beach
Ordinance Code as follows: (b) That the proposed use adversely affects
the Master Plan of Land Use, (c) That the proposed use is not compatible
with other and proposed uses in the neighborhood, (g) That in the case
of a use permit for a Planned Residential Development, that the devel-
opment is not consistent with the intent and purpose of Planned Residen-
tial Developments as set out in Section 9310. Further, it is not
consistent with the intent and purpose of the R1 Planned Residential
Development portion of the ordinance code.
The City Attorney advised Council that based on a recent decision of
the court, he would advise that Councilman Matney clarify his reasons
why he believed the project should be denied based on portions b, c,
and g of S. 9841.4 of the ordinance code.
Council then determined their findings of fact as follows: (1) That
the project does not create a better living environment (2) That it
appears based on the testimony offered that the plan does not in fact
create a hetrogeneous neighborhood which is called for in the ordinance
(3) That, based on experience factors from similar developments, it
would cause more vandalism and an expenditure of additional funds for
police and fire services.
A vote was then taken on Councilman Matneyfs motion to overrule the
Planning Commission and deny Use Permit 72-13 and Tentative Tract
Map No. 7596, based on S. 9841.4 (b), (c) and (g) of the Huntington
Beach Ordinance Code and substantiated by said findings of fact of the
Council, and passed by the following roll call vote:
AYES: Councilmen: Shipley, Gibbs, Matney, Duke, Coen
NOES: Councilmen: Bartlett, Green
ABSENT: Councilmen: None
3�
APPOINTMENTS - OCEAN & SHORELINE PLANNING STEERING COMMITTEE
Mayor Coen appointed Councilman Duke
to the Ocean and Shoreline Planning
Mrs. Margaret Carlberg, Chairman of
as alternate representative.
to serve as Council Representative
Steering Committee, and reappointed
the Environmental Council, to serve
1
1
1
Page #11 - Council Minutes - 5/l/72
Submission of R - 3�
Reports Sub -Committee of the Goals & Objectives Committee
Pursuant to a request from the Planning Commission Chairman, Mayor Coen
directed the City Administrator to inform the Chairman of the Goals
and Objectives Sub -Committee that, rather than submitting their re-
ports to the Council, they should be submitted to the steering commit-
tee, who in turn will present same to the Planning Commission and the
Council.
Interviews For Planning Commission -'Applicants
In response to a question by Mayor Coen concerning interviews of appli-
cants for the position of Planning Commissioner, the City Administrator
stated that his office had provided Council with.a list of persons
who have previously been interviewed for the position. Mayor Coen
requested that the public be informed that interviews will be held for
the vacancy on the Planning Commission and that a schedule for the
interviews will be set at the next Council meeting.
Request to Address Council Regarding Denial of CE 72-8 - William Foster
Mr. William E. Foster, Vice President and General Manager of the Hunt-
ington Beach Company, addressed Council regarding their denial earlier
in the meeting of Conditional Exception No. 72-8.
Mayor Coen requested the City Attorney to confer with the Planning
Director and submit a written opinion regarding the legality of allowing
a wholesale nursery to be located in a manufacturing district.
Request to Address Council Regarding Alcoholic Beverages in Public Facilit
Mrs. Roberta Waterman, 19841 Chesapeake Lane, City, addressed Council
and requested that they reconsider the question of permitting consumption
of alcoholic beverages in public recreational centers and parks.
Discussion was held between the Council and Mrs. Waterman; however, no
action was taken at this time.
Items Received and Filed by the City Council
Policy Plan Program - Planning Commission Memo
Recreation & Parks Financial Report
Harbors & Beaches Activity Report
Fire Department Monthly Administrative Report
Quarterly Report - Planning Department.
City Council Pictures -.Public Information Officer
The Struggle to Bring Technology to Cities
INFORMAL MEETING CALLED - PLANNING COMMISSION & COUNCIL
Mayor Coen called an informal meeting of the Council as a Committee
of -the -Whole for Monday, May 8, 1972, at 7:00 P.M.., in the Administrative
Annex, to discuss the proposed Permit Ordinance and City Budget .items.
On motion by Bartlett, the regular
City of Huntington Beach adjourned
passed by the following vote:
meeting of the City Council of the
at 12:00 A.M. The motion was
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Council -men: None
Paul ones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTEST:
Alvin M. Men
Mayor
Paul C. Jones
City Clerk
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