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1972-08-21
91VI f IVD&y Council Chamber, Civic Center Huntington Beach, California Monday, August 21, 1972 Mayor Cocn called the regular meeting; of. the City Council of the City cif Huntington Beach to order at 7:00 P.M, The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation vas given by Reverend Donald Roberts - Christ Presbyterian Church. ROLL CALL Councilmen Present: Bartlett, Cibbs, Green, Matney, Duke, Coen Councilmen Absent: Shipley PROCLAMATION Mayor Coen introduced Manager Dennis McClarren and the members of the 0nicorn Rugby Football Club of Huntington Beach. He then proclaimed Mr. McClarren aad the Hunt- ington Beach Unicorn Rugby Football Team "Official City Ambassadors" for their trip to the United Kingdom. RESOLUTION OF COMMENDATION - COUNCILMAN MATNEY Councilman Green stated that he had received a communication from the Orange County Criminal Justice Council accepting the resignation tendered by Councilman Matney. Councilman Green spoke regarding the;considerable amount of time contributed by Councilman Matney on the Criminal Justice Council during the past three years. On motion by Bartlett, Council directed that a Resolution of Commendation be pre- pared for presentation to Councilman Matney in recognition of his past service on the Orange County Criminal Justice Council. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley GOTHARD STREET IMPROVEMENTS - CC-219 - AUTHORIZATION TO PRE -ADVERTISE GRANTED The City Administrator requested approval to pre -advertise for the construction and improvement of Center Drive from Gothard Street, to 2400 feet easterly, and entry streets to Huntington Center, situated partially in the City of Huntington Beach and partially in Westminster, in anticipation of plans and specifications approval at the next meeting of September 5, 1972. On motion by Duke, Council approved the pre -advertisement for the construction and improvement of Center Drive from Gothard Street, to 2400 feet easterly, and entry streets to Huntington Center - CC-219, situated partially in the City of Huntington Beach and partially in Westminster, by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Creen, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley Page # 2 - Council Minutes - 8/21/72 CONSENT CALENDAR - (ITEMS APPROVED On motion by Gibbs, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Mataey, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley 1. MINUTES - Approved and adopted minutes of the regular meeting of August 7, 1972, and the adjourned regular meeting of August 9, 1972, as written and on file in the office of the City Clerk. 2. SUBDIVISION AGREEMENT - TRACT NO. 7651 - STANDARD --PACIFIC CORP. - Accepted Monument Bond No. SC-7107886 and Improvement Bond No. SC-7107885 - (American Insurance Company); approved and authorized execution of the Subdivision Agreement for Tract No. 7651; as recommended by the Director of Public Works. 3. CLAIM NO. 72-55 - SOUTHERN CALIFORNIA EDISON CO. - DENIED - Denied Claim No. 72-55 filed by Southern California Edison Company for alleged damages caused to gas facilities located at 211 Walnut Avenue on or about May 26, 1972, and referred seine to the City's insurance. carrier. 4. CLAIM NO. 72-56 - NICKOLAS RUDOLPH CAMARA - DENIED - Dani.ed Claim No. 72-56 filed by Herbert M. Porter, Attorney at Law, on behalf of Nickolas Rudolph Camara for alleged personal damages occuring on or about November 6, 1971, and referred same to the City's insurance carrier, 5. EDINGER AVE & BEACH BLVD. WIDENING - Hi1NTINGTON CENTER - CC-220 - Approved plans and specifications for the widening of the north side of Edinger Avenue from Beach Boulevard approximately 750 feet westerly - CC-220, and directed the City Clerk to advertise for bids. 6. AGREEMENTS - LYBRAND ROSS BROS. & MONTGOMERY - CERTIFIED PUBLIC ACCOUNTANTS Approved agreements between the City and Lybrand, Ross Bros. & Montgomery, Certified Public Accountants for the rendering of auditing services for fiscal year July 1, 1972, to June 30, 1973; for the management audit of purchasing and licensing functions and for a review of internal controls relating to cash flow in the Fi.nance and Treasurer's Department, and authorized the Mayor and City Clerk to execute same on behalf of the City. 7. CLAIM NO. 72-57 - DR. DANIEL D. ARNHE7_M - DENIE]) - Denied Claim No. 72-57 filed by Dr. Daniel D. Arnheim for alleged damages to vehicle by City Fire truck on or about August 13, 1972, in the vicinity of Broadway and Pacific Cart.>;l. Ifighway in the City of Sunset Beach, and referred same to the Ci.ty's insurance carrier. 8. CLAIM NO. 72-58 - CAROL 1,01IiARDELLI - DENIED - Denied Claim No. 72-58 filed by Carol Lombardelli for alleged personal injuries received on or about August 13, 1972, when vehicle in which she was riding was struck by a City fire truck in the vicinity of Broadway and Pacific Coast Highway in the City of Sunset .Beach, and referred same to the City's insurance carrier. PUBLIC HEARING - CODE AMENDMENT NO. 7 2 -14 - CON`l' INUUD Mayor Coen declared that this was the day and hour set for a public hearing on Code Amendment No. 72-14 - initiated by the Planning Commission, to..add a provision for instruction in the home fora home occupation. Said amendment shall read as follows: "When an occupation is the type that entails instruction in the home, such instruction shall be limited to three (3) individuals per session." Said amendment shall be added to the Huntington Beach Ordinance Code as Section 9730.20p). IG4 Page #3 - Council Minutes - 8/21/72 The Clerk informed Council that all legal requirements for publication and pasting had been met and that he had received no communications or written protests to Code Amendment No. 72-14 or to the recommendation of approval by the Planning Com- mission. Considerable discussion was held by Council regarding the definition of a. Home Occupancy type of business. Mayor Coen declared the hearing open. On motion by Green, Council continued the public hearing on Code Amendment No. 72-14 to the meeting of September 18, 1972, for further determination as to the number of individuals to be allowed per session. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley PUBLIC HEARING - ZONE CASE NO. 72-23 - APPROVED - ORD. NO. 1775 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case 72-23 for a change of zone on approximately one acre of land from RA-0 Residential Agricultural District, combined with oil, to M1 Light Industrial District on property located west of Crystal Street, approximately 275 feet south of Garfield Avenue. The Clerk informed Council that all legal requirements for notification, publication and posting had been met and that he had received no communications or written pro- tests to Zone Case No. 72-23 or to the recommendation of approval by the Planning Commission. Mayor Coen 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 Bartlett, Council approved Zone Case No. 72-23; directed that Ordinance No. 1775 effecting such zone change, be read by title and waived further reading by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley ORD. NO. 1775 - FIRST READING.- ZONE CASE NO. 72-23 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACII AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PRAERTY LOCATED WEST OF CRYSTAL STREET APPROXIMATELY 275 FEET SOUTH OF GARFIELD AVENUE (ZONE CASE 72-23). PUBLIC HEARING - ZONE CASE NO. 72-18 - APPROVED - ORD. NO, 1773 - FIRST -READING Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-18 for a change of zone on 2.831 acres of land, from M1 Light Indus- trial District, to MI-01 Light Industrial District, combined with oil production, on property located at the southeasterly corner of Ellis Avenue and Gothard Street. Page #4 - Council Minutes - 8/21/72 The Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that he had received no communications or written pro- tests to Zone Case -No. 72-18 or to the recommendation of approval by the Planning Commission. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there heing no protests filed either oral or written, the hearing; was closed by the Mayor. On motion by Bartlett, Council approved 'Gone Case No. 72-18; directed that Ordinance No. 1773, effecting; such zone change, be read by title and waived further reading by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley ORD. NO. 1773 - FIRST READING - ZONE CASE NO. 72-18 "AN ORDINANCE OF TILE CJTY OF HUNTINGTON 13FACH AMENDING THE RUNTINCTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANCE OF ZONING ON REAL PROPERTY LOCATED AT THE SOUTHEAS'I'ER_LY CORNER OF ELLIS AVENUE AND GOTHARD STREET (ZONE CASE NO. 72-18) ," PUBLIC HEARING - ZONE CASE NO. 72-19 - APPROVED - ORD. NO. 1774 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-19 for a change of zone on 2.975 acres of land from M2-01 Heavy Industrial District, combined with oil production, to M2-0 Ilcavy Industrial. District, combined with oil production, on property located at the southwest corner of Ellis Avenue and Huntington Street, The Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that he had received no conmiunica,tions or written pro- tests to Zone Case No. 72-19 or to the Planning Commission's recommendation of approval for M2 rather than M2-0. Mayor Coen 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 Bartlett, Council approved Zone Case No. 72-19; directed that Ordinance No. 1774, effecting such zone change, be read by title and waived further reading by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley ORDINANCE NO. 1774 - FTRST READING - ZONE CASE NO. 72-19 "AN ORDINANCE OF THE CITY OF HUNTINCTON BF,AC:I3 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 ELLIS AVENUE AND HUNTINGTON STREET (ZONE CASE NO. 72-19)." 1 1 1 66 1 PaL"L #5 - Gouncil Minutes - 8121172 RF, DE-ST t OR CC;I?i INIJAIi(,.; OF V6 3LIC HEARING - ZONE CASE 72-20 - DENIED Mr. H. C, Ackle, Vice -President of Classic Development Corporation the appellant in Zone Case No. 72-20, scheduled for a public hearing this date,'addressed Council and requested that the public hearing be continued until such time as -the company's engineer could be present to testify. Following discussion, the Council determined that the public hearing on Zone Case No. 72-20 would be held as scheduled. PUBLIC HEARING - ZONE CASE NO. 72-17 - CONTINUED Mayor Coen announced that this was the day and hour set for the continuance of a pub- lic hearing opened on August 7, 1972, on Zone Case No. 72-17 for a change of zone from C3 General Business District to R3 Limited Multiple family Residence District on property located at 410 11th Street (corner of 11th and Orange) and legally des- cribed as Lot Ik1, Block A, Tract No. 1092, Tb o Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 72-17. Mr. Chuck Cubbin, 21251 Lochlea Lane, City, addressed Council on behalf of the Trust- ees of the First Methodist Church of Huntington Beach. Mr. Cubbin spoke regarding the efforts which the Church has made to sell this property, and requested that Council approve the request for change of zone. Mr, Carlos Reeves, Real Estate Broker, 213 Main Street, City, addressed Council in favor of the zone change as he believed the proposed residential use was more suit- able to the area than a commercial development. There being no one further present to speak on the matter and there being no protests filed either oral or written, the hearinc was closed by the Mayor_ A motion was made by Councilman Green, to overrule the Planning Commission and deny Zone Case No. 72-17, but failed to pass by the following vote: AYES: Councilmen: Green, Matney, Duke NOES: Councilmen: Bartlett, Gibbs, Coen ABSENT: Councilmen: Shipley On motion by Gibbs,. Council continued a decision of Zone Case No. 72-17 to the September 18, 1972 meeting by the following roll call vote. AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley PUBLIC HEARING - ZONE CASE NO. 72-25 - RE VEST FOIL HEARING - COVINGTON BROS - DEFIED Mayor Coen announced that this was the day and hour -set for a public hearing on an appeal filed by Covington Bros, Fullerton, California, to the denial by the Planning Commission of Zone Case No. 72-25, for change of zone on 5.G4 acres of land from C2 Community Business District, to R3 Medium High Density R6sidential District on property located at the southwest corner of Edinger Avenue and Bolsa Chica Street, except for the existing 140 foot x 147 foot_ commercial site. Page #6 - Council Minutes - 8/21/72 The Clerk informed Council that all legal requi.ren€ents for notification, publication and posting had been met, and that he bad received no communications or written pretests to Zone Car,c No. 72-25 or to the recommendation of denial by the Planht"g Conmii ti s i oil. 1111 The Planning Director presented a resume' of: the Planning Comni.ssi.o€i's reasons for recommending denial of Zone Case No. 72-25 and presented slides of the area for Council's information. Mayor Coen declared the hearing open. Mr. George Psaros, 4921 Kona Drive, City, resident of the area, addressed Council and presented a petition listing approximately 127 persons opposed to the approval of Zone Case No. 72-25, He informed Council that the zone change was opposed due to the re- sultant density problem and the increased burden which would be placed on the school district. Mr. Kenneth Kerins, 17392 Encino Circle, City, Vice-Presi.dent of the Home Council. informed Council that his organization unanimously concurred with the opposition ex- pressed by the residents of the area. Mr. L. L. Harti", 4892 Iona Drive, City, resident ref the area t, addressed Council in opposition to the proposed change of zone. Mr. Richard Hoffman, rvprese€Mint; Covington Bros. Construction Co. addressed Council and presented the reasons why be believed the change of zone was, warranted. Mr. David Joy, representing Grubb & Ellis Co. addressed Council and distrituted maps of the area to Council and explained the reasons why residential zoning was requested. 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 Green, Council sustained the decision of the Planning Commission and denied Zone Case No. 72-25 by the following roll call vote: AYES: Councilmen: Bartlett, C;ibbs, Green, Matney, Duke, Caen NOES: Councilmen: [done ABSENT: Councilmen: Shipley PUBLIC REARINQ - ZONE CASE NO. 72--26 - REQUEST FOR HEARING - COVINGTON BROS. - DENIED Mayor Coen announced that this was the day and hour set for a public hearing on an appeal to the denia.al by the Planning Comeni_ssi_on, of Zone Case No. 72-26, for a change of zone on 3.59 acres of land from B5 Office Professional District to R3 Medium High Density Residential District, on property located 200 feet east of Beach Boulevard, south of Holland Drive. The Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that he had received no communications or written pro- tests to Zone Case No. 72-26 or to the recommendation of denial by the Planning Com- mission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending denial of Zone Case No. 72-26 and displayed slider: of the area under consideration. #Gs . Page #7 - Council Minutes - 8/21/72 1 1 Mayor Coen declared the hearing open. Mrs.Carol Lowe, Vice -President of Dutch haven Proporty Owners Association, addressed Council in apposition to the none change as she did not believe it conformed to the Master Plan of the area. . Mrs, Hannah Atrey, 531 W. 11111 Street, Long Beach, owner of the shopping center adjacent to the land, stated that she believed the proposed development would improve the area. Mr. Richard. Hoffman, representing Covington Bros. Construction Co., addressed Council and gave reasons why he believed the proposed chango of zone was warranted. Mr. Dirck Z. Meengs, Box 731 Tustin, addressed Council kind sta;.ed that he was an independent consultant in the field of land planning and presented reasons why, in his opinion, the requested zone change was compatible with the surrounding area. There being no one further present to speak on the matter, and there being no further protests filed, either oral, or written, the hearing was closed by the Mayor. On motion by Duke, Council sustained the decision of the Planning Commission and denied Zone Case No. 72-26 on. the basis of the reaso as presented by the Planning Commission and the increased deitsi,ty factor. The n111t.ion was passed by the follow- ing vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley RECESS Gibbs, Green, Matney, Duke, Coen Mayor Coen called a recess of the Council at 8:58 P.M. RECONVENE The meeting was reconvened at 9:10 P.M. by the Mayor. PUBLIC HEARING - ZONE CASE NO. 72-20 - REQMST FOR ]HEARING - CLASSIC DEV.-CONT. Mayor Coen announced that this was the day and hour set for a public hearing.on an appeal to the denial by the Planning; Commission of ::orie Case No. 72-20, on 7.23 acres of land from M2-0 and M2-01 heavy Industrial district, combined with oil production, to RI Low Denis .ty Residential District, oil property located south of Ellis Avenue and west of Huntington Street. The Cleric informed Council that all legal requirements for notification, publication and posting had been mot and that he had received no communications or written pro- tests to Zone Case. No. 72-20 or to the recommendation of denial by the Planning Commission. Mayor Coen stated that Council had received a communication from the Huntington Beach Chamber of Commerce supporting the request for a.residential zoning on this property. The Planning Director presented a resume' of the Planning Commission's reasons for recommending denial of Zone Case No. 72-20, Mayor Coen declared the hearing open. 46,; Page #8 - Council Minutes - 8/21/72 Mr. M. C. Nickle, Vice -President of Classic Development Corp., addressed Council and gave reasons supporting their request for residential zoning. 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. Mayor Coen stated that action on Zone Case No. 72-20 would be withheld for the meantime, until the next public hearing on Zone Case No. 72-21 had been considered. PUBLIC HEARING - ZONE CASE NO. 72-21 - REQUEST FOR HEARING - N. OPRIAN - CONT. Mayor Coen announced that this was the day and hour set for a public hearing on an appeal to the denial by the Planning; Commission of Zone Case No. 72-21, on 10 acres of land Cram MI Ltg;ht industrial. Dfstriet to RI Low Density Residential, district, on prop- erty located east of the Southern Paci_i le Railroad Right-of-way and north of Taylor Avenue. The Cleric informed Council that all legal requirements for noti_f [cation, publication and posting; had been met, and that he had received no communications or written pro- tests to Zone Case No. 72-21 or to the recommendation of denial by the Planning Commission. The Planning Director presented a resume' of the Planning Cnimission's reasons for recommending denial of Zone Case No. 72-20. Mayor Coen declared the hearing open. Mr. Robert G. Owen, 7711 Alberta Drive, City, representing the Five Points Homeowner's Association, addressed Council concerning; their org;anization's support of the requested zone change, and submitted a petition listing* approximately L41 members of the Five Points Homeowner's Association favoring the zone. change. Mr. Ron Russell, 77H Ontario Drive, City, spoke on behalf of the Five Points Homeowner's .Association viewpoint that i.ndustr:i.al zoning; was incompatible nd jacent to a residential tract and school site. Mr, Lee Maltby, 5772 View Circle, City, Realtor, addressed Coo nctl and grave reasons why he believed the property lent itself to residential use ind was unsuitable as an industrial site. Mr. Nick Oprian representing Classic Development Co., the appellant, addressed Council and submitted an informal petition listing approximately 61 persons in favor of the zone change together with two Assessor's Maps showing, the petitioner's residences. Mr. Ed Harpold, 1015 Park Street, City, owner of the property under consideration, addressed Council concerning the difficulty he has encountered in attracting the interest of industrial developers to the area. 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 Planning Director presented slides. of the area under consideration and considerable discussion was held by Council. III A motion was made by Councilwoman Gibbs to postpone a decision on Zone Case No. 72-20 and Zone Case No. 27-21 to the September 5; 1972 meeting; and was passed by the following vote: Page #9 - Council Minutes - 8/21/72 1 1 1 AYES: Councilmen: Bartlett, Gibbs, Duke, Coen NOES: Councilmen: Matney, Green ABSENT: Councilmen: Shipley Following discussion, on (notion: by Coen, Council reconsidered their motion to post- pone a decision on said zone cases to September 5, 1972, by the following vote: AYES: Councilmen: Bartlett, Cibbs, Duke:, Coen NOES: Councilmen: Matney, Green ABSENT": Councilmen: Shipley On motion by Coen, Council directed that decision on Zane Case No. 72-21 and Zone Case No. 72-20 be deferred to the meeting of September 18, 1972, by the following vote: AYES: Councilmen: Bartlett, Cibbs, Duke, Coen NOES: Councilmen: Matney, Green ABSENT: Councilmen: Shipley RESOLUTIONS On motion by Bartlett, Council directed the Cleric to read Resolution Nos. 3548, 3549, 3550, 3551, 3552, 3553, 3554, 3555, 3556, and 3557 by title, waived further reading and adopted same by the following roll call.vote, AYES: Councilmen: Bartlett; Gibbs, Green, Matney, Duke, Coen. NOES: Councilmen: None ABSENT: Councilmen: Shipley RES. NO. 3548 - ADOPTED - CANVASS OF ELECTION RETURNS - SPECIAL ELECTION - JUNE 1972 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH STATING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF.THS SPECIAL ELECTION HELD JUNE b, 1972." RES. NO. 3549 - ADOPTED - TAX RELIEF PROVISIONS FOR INDUSTRIALLY ZONED PROPERTY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECOMMENDING THE CREATION OF TAX RELIEF PROVISIONS FOR INDUSTRIALLY ZONED PROPERTY." RES. NO. 3550 . ADOPTED - INTENTION TO VACATE PORTION OF ELLIS AVENUE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF ELLIS AVENUE." RES. NO. 3551 - ADOPTED - ASSURANCE OF COMPLIANCE. - ADAMS-DELAWARE STORM DRAIN PROJECT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING ASSUR&NCE OF COMPLIANCE WITH THE PROVISIONS OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (ADAMS-DELAWARE STORM DRAIN PROJECT)." RES. NO. 3552 - ADOPTED - INTENTION TO FORM ASSESS. DIM-_QAM.DElAWARE STORM DRAIN "A RESOLUTION OF THE CITY CW.1. OF THE CITY OF HUNTINGTON BEACH DECLARING ITS IN- TENTION TO FORM AN ASSESSMEW DISTRICT (ADAMS-DELAWARE STORM DRAIN PROTECT)." 47 Page #10 - Council Minutes - 8/21/72 RES. NO. 3553 - ADOPTED - AITF1I. FII..IN1', FOR 1100 CRANT - ADAMS-DErAWAR)l STORM DRA-IN "A RESOLUTION OF Tin'. CITY COUNCIL OF I'11T CITY Ole IIUN'I'INGTON IWACIi AITIHOR17TNG FILING OF APPLICATION WL'TH DEPARTMENT OF 1100SINC AND URIIAN DEVIELO.PMIENT, UNITED STATES OF A11ERICA, FOR A GRANT UNDER P.L. 89-L17 (ADAMS-I)I?iAWARE STORM I)RA(N PROJEC.F)." RES . NO. 3554 - ADOPTED REQUESTS DIEI:.I VERY OF STATE WA IR "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING DELIVERY OF STATE WATER." RES, NO. 3555 - ADOPTED - FIXES TAX RATE - FISCAL YEAR 1972 4973 "A RESOLUTION OF THE CITY COUNCIL OF WE CITY OF HUNTINGTON BEACH FIXING THE WX RATE FOR SAID CITY FOR THE FISCAL YEAR 1972-I973." RES. NO, 3556 - ADOPTED - APPLICATION FOR GRANT - TELECOMMUNICATIONS SYSTEM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IICINTINCTON REACH RELATING TO AN APPLICATION TO TEE CALIFORNIA COUNCrl, (IN CRIMINAL JUSTICE FOR GRANC TO ASSIST IN IMPLE'MENTAfON OF A 'I FLECOMMUNICATFONS SYSTEM TO PRODUCE LAW PNOORCMMENT 9'RAININC, AND COMMUNITY EDUCATION PROCRAMS." RES. NO. 3557 - ADOVV ED - ESTABLISHTNG NEWCAND-IELLTS PARK G04PLIEX "A JOINT RESOLUTION OF INTENT OF THE CITY COUNCILS OF THE CTrTES OIL FOUNTAIN VALLEY AND HUNTINGTON BEACH TO PURSUE THE CONCEPT OF ESTABLISHING NEWLAND-ELLTS PARK COMPLEX." ORDINANCES FOR ADOPTION EMERGENCY ORDINANCtE NO. 1776 -.. ESTABLISHMENT. OF INTERIM UOLD W ZONE - CONTINUED The Clerk presented Emergency Ordinance No. 1776 for a reading - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING AM.EM2RGENCY TO EXIST AND ES- TABLISHTNG AN INTERIM HOLDING ZONE UPON CERTAIN PROPERTY WITaTN THE CITY." The Clerk informed Council that they had been provided with copies of a communication received from Eadie & Collins & Co., Tustin, California, concerning the proposed ordi- nance. Councilman Bartlett, requested and was granted permission to abstain .from considNation of the matter due to a possible conflict of interest. On motion by Creen, Council directed that action on Emergency Ordinance No. 1776 be continued to the September 18, 1972 meeting by the following roll call vote: AYES: Councilmen.: Gibbs, Green, Matney, Duke, Caen NOES: Councilmen: Norte ABSENT: Councilmen: Shipley ABSTAIN:Councilmen: Bartlett On motion by Gibbs, Council directed the Clerk to read Ordinance No. 1637 and No. 1771 by title; waived further reading and adopted same by the Following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, fluke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley 1 III "'+•] S /v Page #11 - Council Ml.nutes - 8/21/72 ORD. No. 1637 - ADOPTED - ZONE CASE NO 70-26 LATER RECONSIDERED) "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 YORKTOWN AVENUE AND BROOKHURST STREET (ZONE CHANGE NO. 70-26)." ORD. NO. 1771 - ADOPTED - PRECISE PLAN NO. 72-4 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HM INGT©N BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 33 TO INCLUDE PRECISE PLAN NO. 72-4." ORDINANCE NO. 1769.- ADOPTED - E DINE STANDARDS The Clerk presented Ordinance No. 1769 for a. second reading by title - "AN ORDINANCE OF THE CITY OF 11UNTINGTON I4EACH AMENDINC THE HUNTINGTON REACH ORDINANCE CODE BY ADDING SIMSECTIONS 'CO SECTIONS 9700.3, 9700.6, 9700.7, 9700.13, 9700.14, 9700.17 AND 9793.1; ADDING SECTIONS 9700.5, 9764.9; AND NEW A10'ICLES 969 AND 963, ALL PERTAINING TO STANDARDS FOR 11OR.SES IN SAID CITY." Following discussion, a motion was made by Councilman Matney that Ordinance No. 1769 be continued for 90 days pending preparation of a report from the Planning Commission and Planning Staff concerning; recommended areas within the City suitable for locating new stables. Following considerable discussion by Council., the motion made by Councilman Matney to continue Ordinance No. 1.769 was withdrawn. On motion by Green, Council waived further reacting of Ordinance No. 1769 by the follow- ing roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley On motion by Green, Cotincil adopted Ordinance No. 1709 by the following roll call vote: AYES: Councilmen: Bartlett, CreCil, Matney, Coen NOES: Councilmen: Gibbs, Duke ABSENT: Councilmen: Shipley EMERGENCY ORDINANCE NO. 1777 - ADOPTED --MORATORIUM - USE PERMITS - Rl-PD DEVELOPMENTS The Clerk presented Emergency Ordinance No, 1777 for a reading in full - "AN EMER- GENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IMPOSING A MORATORIUM ON THE ISSUANCE OF USE PERMITS BY THE PLANNING COMMISSION WITH RESPECT TO R1-PD DEVELOPMENTS." Following discussion, the Clerk was directed to read Emergency Ordinance No.. 1777 in full. On motion by Green, Council adopted Emergency Ordinance No. 1777 by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Creen, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley it Page #12 - Council Minutes - 8/21/72 ORDINANCES FOR INTRODUCTION ORD. NO. 1752 - FIRST READING - OPEN -SPACE AND THE TOWNLOT AREA The Clerk presented Ordinance No. 1752 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON' BEACH ORDINANCE CODE BY REPEALING SECTION 9730.5, AMENINC SECrioms 9163.3.1.1, 9163.4, 9203.3.1.1, 9203.4, 9232.6, 9233.2.1, 9233.3.1.1, AND 9233.4.1; AND ADDING THERETO SECTIONS 9161.2, 9201.2, 9231.6, 9232.6.1, SUBSECTION (4) TO SECTION 9700.18, AND SECTION 9700.23, ALL PERTAINING TO OPEN SPACE AND THE TOWNLOT AREA." Discussion was held between the Planning Director and Council, on the proposed ordinance. Following a reading; by title, on motion by Bartlett, Council waived further reading of Ordinance No. 1752, by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Caen NOES: Councilmen: Node ABSERF: Councilmel: Shiploy RJ; UE51I - II():ll; COUNCIL - S]:GIY �?;tl):[NANCE CO�I�I['l"l'I 1, —_--------------------_----- _---___- ----- The Clerk presented a communication from the Aome Council roluesting, appointment by the City Council of an al hoc citizen's committee to assist in Che study and creation of a new sign ord indnee . Mr. Brian Parkinson, President of the home Council spoke regarding their request. Following discussion, the Council r_equestod that the Hone Council submit their reecm- mendations on this matter, which Council in turn will transmit to staff. RESOLUTIONS SUBMITTED FROM HOME COUNCIL & HUNiINGTON HARBOUR PROPERTY OWNERS ASSOC. The Clerk presented a communication from the Huntington Beach Home Council transmitting a Resolution recommending that a study group be formed with the object of writing a High Rise Ordinance and further that a moratorium be applied to the building of such structures. The Clerk also presented a communication from the Huntington Harbour Prop- erty Owners Association, Inc. transmitting their Resolution urging the adoption of an emergency ordinance placing a 35 foot height limit on future structures. Discussion was held between the Council and the representatives of the organizations concerning; drawing; individuals Crom each org;ani.zation to serve on the committee. Mr. Jim iientson, President of the hunting;ton Harbour Property lAaners Association recom- mended the appointitwnt of Mrs. lihoda Martyn and Mr. John Horne, Chairman of their Variance Committee and Mr. Parkinson, Vice President of the Home Co6nci.l recommended that Mrs. Lorraine Faber and Mr. Art Knox be appointed. Mr. .lames DcCueile represent- ing the Huntington Beach Chamber of Commerce informed Council that he would meet with his organization's representatives and submit recommendations for appointments in the near future. The representatives were then asked by the Mayor to correlate their work through Mr. Parkinson, who will serve as coordinator for the organizations. mayor Coen stated that consideration would not be given to a moratorium on the building of high-rise structures during such time as the moratorium enact6d by Emergency Ordinance No. 1777 remains in effect. 1 1 1 74 Page #13 - Council Minutes - 8/21/72 HUNTINGTON HARBOUR PROPERTY OMRS ASSOCIATION, INC. - T.T. NO. 7850 The Clerk presented a communication from the Huntington Harbour Property Owners Association requesting that Council investigate the matter of a proposed.lagoon which is to be constructed and maintained in connection with the development of Tentative Tract. No. 7850. Mr. .dim Bentson, President of the Huntington Harbour Property Owners Association, addressed Council regarding; their concern that pumping facilities will be inadequate to avoid pollution and stagnation and that provisions will be taken to guarantee . that the pumping and other facilities are permanently maintained. Following discussion, the Council requested the City Administrator to follow the situation and report periodically to Council. RECONSIDERATION REQUESTED ORDINANCE NO. 1637 - ADO!'TION RESCINDED Mr. Marcus Porter, Planning; Commission Chairman, 19842 Providence Lane, City, requested Council reconsideration of Ordinance No. 1.637 adopted earlier in the meeting, .to enable the staff to work on sign consolidation in the area. A motion was made by Councilman Duke to reconsider the adoption of Ordinance No. 1637 and was passed by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley On motion by Green, Council rescinded the adoption of Ordinance No. 1637 and con- tinued the second reading of same to the September 5, 1972 meeting by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT:.Councilmen: Shipley PROTEST - BICYCLES Mr. George Arnold, 623 Main Street, City, addressed Council and requested that the Police Department increase their efforts to cite bicyclists riding; at night without reflector lights. Police Captain Mays informed Mr. Arnold that the Police Department was making every effort to assure that bicyclists adhereto the vehicle code. PROTESTS - PARKING VIOLATIONS Mr. Kent Williams, 17392 Queens. Lane, City, spoke regarding; the notices of violations which the Police Department has issued to vehicles located along the alley in his neighborhood. Discussion was held between the Council, Captain Mays and Mr. Wil.liama on the matter and Mr. Williams was informed that the City Administrator would investigate the matter. 47 1 Pago #1.4 - Council Minutes - 8/21./72 AGREEMENT - FIRE TRAINING FACILITY - APPROVED - CA 72-40 The Administrator informed Council that he recommended approval of an agreement between the City and the cities of Fountain Valley, Seal Beach and Westminster for joint con- struction of the central fire training facility. Bid was awarded to Julian Waterfield Company on August 7, 1972, subject to receiving; concurring agreements from the par- ticipating cities. On motion by Matney, Council approved the agreement between the City and the cities of Fountain. Valley, Seal Beach and Westminster for joint construction of the central fire training facility and authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Caen NOES: Councilmen: None ABSENT: Councilmen.: Shipley RE PORP - IMPLEMENFA l ION OF AB 1 301 & At 1302 RECEIVED F ! I L,i) ST(JD'Y(�U�STIs'l) Thv GUy Administrator informed Council Lhat they had been provided w.iLh copies of his report: concerning the erfect of Assembly Bills 1301 and 1302 pertaining to environmental impact studies on residential tract_, and the City's ability to require such studies. Mayer Corn ordered Lhe repor. L submitted by the City Admi.ni5tra or received and filed. On motion by Duke, C.'ouneil directed the planning Conunissio" to study the possibility of requiring environmental impact studies on all proposed subdivisions, by the fol- lowing vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke; Coen DOES: Councilmen: None ABSE:NF: Councilmen: Shipley VOTING i RPRESEYEAUVES SELECTED - TYAGUE OF CALIFORNIA CIT1T�..; C0NTI?Rt,,NCI -- CA 72-42 The City Administrator informed Council V a request from Cho Inag"o of California Cities that a voting repre.eniati_vo and an alternate be appointed by Coctncil for die annual T.cague Copference in Anaheim on OcLobr.r lei -lei, 1972. On motion by Matney, Counci_L appointed Mayor Coon voting representative to the annual League of California Cities Conference in Anaheim with Counc: i.l.m.rp Crcen to serve as alternate, by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coon NOES: Councilmen: None ABSENT: Councilmen: Shipley BID AWARD - SMITH FLECTRTC - TOPICS PROJECT - SIGNALS & LIGINITNG - CC-198 The City Administrator brought Council s attention to the bits for Project CC-198 - Installation of traffic signals - Federal_ Aid TOPICS Project #ENS-'I'-3041 (171) which had been opened at 10:00 A.M. , on Nonday, August 7, 1972, in the Council. Chamber, by the City Clerk, City Attorney, and the Director of Public Work , with Smith Electric Company, Stanton, California, Wing the low bi.ddor with a bi..l .;mount of $200,728. At the Council meeting of August. 7, 1972, it. wars recommended by the Director of Public Works that no action bc taken by Council until the bids were reviewed by the State Division of Highways on behalf of 'TOPICS. Page #15 - Council Minutes - 8/21/72 The Administrator informed Cauncil of a communication from the Director of Public Works stating that the City had received permission from the Federal Highway Admin- istration and from the State Division of Highways to award a contract for the TOPICS Project, and that it was his recommendation that Council award the bid to Smith Electric Company, Stanton, California. The bids submitted were as follows: Smith Electric Company Stanton $200,728.00 Grissom & Johnson Santa Ana $203,782.00 Baxter Criffin Company Stanton $207,299.78 Steiny & Company Lns Angeles $209,176.00 A motion was oracle by Councilman Matney to award the contract for.Projeet CC-19a Installation of traffic signals - Federal Aid TOPICS Project #EIIS-T-3041 (171) to Smith Electric Company, Stanton, California, the lowest responsible bidder, for a. bid amount of $200,728.00; hold all other bids until Smith.Electric Company has exe- cuted contract for said work and filed necessary bonus; and directed the City Clerk to notify the unsuccessful bidders at that time, of the action, and return their bid bonds forthwith. The motion was passed by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT Councilmen: Shipley APPOINTMENTS - ENVIRONMEN'l'AL COUNCIL - APPROVED A motion was matte by Councilwoman Cibbs to appoint the following, persons to .terms on the lluntiugton Beach lsnvironmental Council: Mrs. Harriett M. Wieder - term to expire January 31, 1975, Mrs. Georgene Goddard - tern to expire January 30, 1976 and rirs. Eleanor Rooney - term to expire January 30, 1973. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Cibbs, Green, Matney, fluke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley APPOINTMENT - RECREATION & PARKS COMMISSION - APPROVED On motion by Gibbs, Council appointed Mr. James Sheppard to a four year term on the Recreation and Parks Commission expiring June 30, 1976, by the following vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley COMMENTS FROM COUNCIL INQUIRY RE: SIGN REMOVAL Cibbs, Cireen , Matney, Duke, Caen Councilwoman Gibbs inquired if the signs advertising the Beachwalk Homes and the Lusk Development were being removed and was informed by Councilman Green that removal was being effected. BICYCLE TRAILS DEDICATION Councilwoman Gibbs informed Council that during the Santa. Ana River Bicycle Trails Dedication Ceremonies, Supervisor Gaspers expressed hope that the City's bicycle trails system can soon be completed,: emphasizing the City's leadership in the county. Page #16 - Council Minutes - 8/21/72 PRESERVATION OF STANDARD OIL COMPANY MONUMENT Councilman Matney spoke regarding the'need to preserve the Standard Oil Monument erected by the company in the oil fields west of Goldenvest Street, north of Clay Avenue. The monument commemorates Well AM, the first drilled in the City, and is being obscured by the Huntington Seacliff tract of homes. The Director of Public Works informed. the Council that the Huntington Beach Company has indicated that they have set aside property for the relocation of the monument. ELIMINATION OF ARCHITECTURAL. BARRIERS IN APARTMENTS Councilman Green stated that a letter had been received from Mr. William Jayne, member of the Governor's Committee for the Handicapped, informing Council of the Committee.'s resolution urging; the elimination of architectural barriers In apartment construction. Mr. Jayne addressed the Council concerning; the need to provi.de housing in the city which would be constructed to accomodate the handicapped. On motion by Creen, Council directed the Planning Commission to Study the proposals regarding; the elimination of: architectural barriers in apartment construction, with consideration of incorporating; these standards in the ordinance code. The motion was passed by the following; vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley REZONING STUDY RF UESIED On motion by Duke, Council directed the Planning; Commissirnt .and Planning; Staff to investigate the feasibility of rezoning the parcel of property located south of Ellis Avenue and west of Euntington Street, adjacent to the area involved In lone Case No. 72-20, from R3 to Rt. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Gibbs, green, Matacy, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley ITEMS RECEIVED & PILED BY THE CITY COUNCI f, Monthly Deposit Summary - June - l ngiztee.r i ng; Department Monthly Deposit Summary - June - Planning; Department Financial Statement - June Orange County Population Growth Policy and Development Strategy Study - June, 1972 Inventory of Public Lands - Santa Ana River - Santiago Creek Greenbelt Corridors Monthly Deposit Summary - July - Engineering Department "A Man With Designs on Conserving Energy" Reprint from LA Times by John Pastier Resolution of Commendation by Orange County Board of Supervisors - regarding removal of billboards Notice of Prehearing Conference - PUC - regarding; Edison Company Nate increase application 1 Page #17 - Council Minutes - 8/21172 ADJOUFJ MENT On motion by Gibbs, the regular meeting of the City ("ouncil. of the City of Hunt- ington Beach adjourned at 12:40 A.M. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Cibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSEN[: Councilmen: Shipley City Clerk and-officio Clerk of the City Council of the City of Huntington Beach, California. aL r Alvin M. Coen Mayor ATTEST: Paul C. es City Clerk 1