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HomeMy WebLinkAbout1968-11-18MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, November 18, 1968 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 5:25 P.M. following a demonstration film presentation on the use of helicopters in police protection. The pledge of Allegiance was given by all present in the Council Chamber. ROLL CALL Councilmen Present: Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen Councilmen Absent: None MINUTES On motion by Bartlett, the minutes of the regular meeting of November 4, 1968, were approved as prepared and mailed by the City Clerk. Motion carried. FINAL TRACT MAP NO 5562 m HUNTINGTON SHOWCASE m APPROVED The Clerk presented a transmittal from the Planning Director submitting final form of Tract Map No. 5562 for adoption as follows- Developer: Huntington Showcase, 14482 Beach Blvd., Suite W, Westminster, California; Location* East of Bushard Street, approximately 500 feet north of Hamilton Avenue; Acreage* 11.801; Lots: 61, that the map had been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in conformance with the tentative map as filed, amended and approved by the 'Planning Commission. The City Council may approve the map, accept the improvements offered for dedication subject to completion of requirements as shown, and instruct the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt by the City Clerk of a writing from such company stating that it will cause pre- liminary processing of such map by the County, but will not record said map or cause it to be recorded until the completion of all the follow- ing conditions, and receipt by such title company of prior written consent to record said map is given by the City Clerk, la Deposit of fees for water, sewer, drainage, engineering and inspections. 2a Deposit of Park and Recreation Fees. 3. Bond for improvements. 4a Signature of agreement. 5o Certificate of insurance. 6a Bond for monuments. 7. Approval from County Surveyor, 8. Deed for underground water rights. `6 4 Page # 2 - Council Minutes - 11/18/68 On motion by Kaufman, Council accepted offers of dedication as shown on Final Tract Map No. 5562, and adopted the map subject to conditions stipulated by the Planning Commission. Motion carried, FINAL TRACT MAP NO 5917 - BALMORAL HOMES - APPROVED The Clerk presented a transmittal from the Planning Director submitting final form of Tract Map No, 5917 for adoption as follows: Developer:. Balmoral Homes, 881 Dover Drive, Newport Beach, Californi.a;.Location: South of Garfield Avenue, 694 feet east of Magnolia Street; Acreage: 10,68; Lots: 53, that the map had been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in conformance with the tentative map as filed, amended and approved by the Planning Commission. The City Council map approve the map, accept the improvements offered for dedication subject to completion of requirements as shown, and instruct the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt by the City Clerk of a writing from such company stating that it will cause pre- liminary processing of such map by the County, but will not record said map or cause it to be recorded until the completion of all the follow- ing conditions, and receipt by such title company of prior written consent to record said map is given by the City Clerk. to Deposit of fees for water, sewer, drainage, engineering and inspections, 2, Deposit of Park and Recreation Fees. 3. Bond for improvements. 4. Signature of agreement. 5. Certificate of insurance, 6, Bond for monuments, 7. Approval from County Surveyor, 8. Deed for underground water rights. On motion by Kaufman, Council accepted offers of dedication as shown on Final Tract Map No, 5917, and adopted the map subject to conditions stipulated by the Planning Commission, Motion carried. STREET NAME CHANGES m TRACT NO 6453 - APPROVED The Clerk presented a transmittal from the Planning Department of a request to rename seven streets within Tract No, 6453. The Building Department had originally requested the street renaming due to a problem in addressing, On motion by Kaufman, Council approved the renaming of seven streets within Tract No. 6453, and directed the City Attorney to prepare a resolution effecting the change in street names. Motion carried. SUBDIVISION AGREEMENT - TRACT NO 6682 - COVINGTON BROS - APPROVED The Clerk presented a transmittal from the Director of Public Works of Monument Bond, Improvement Bond, Labor and Materials Bond and Subdivision Agreement for Tract No. 6682 - Covington Brothers. On motion by Kaufman, Council accepted Monument Bond No. 3934250, Improvement Bond No. 3934-251 and Labor and Materials Bond No. 3934251 - Hartford Accident and Idemaity Company; approved the Subdivision Agreement for Tract No. 6682, and authorized the Mayor and City Clerk to execute the document on behalf of the City, Motion carried. ` f 35 Page #3 -Council Minutes - 11/18/68 REIMBURSEMENT - BALMORAL HOMES —APPROVED The Clerk presented a communication.from the Public Works Director requesting.reimbursement in the amount of $1,010.52 from the water fund to Balmoral Homes, for the construction of an oversized water main in conjunction with development of Tract No. 6645. On motion by Bartlett, Council approved the reimbursement of $1,010.52 from°the-water fund to Balmoral Homes for the construction of an over- sized water main, and directed the Finance Director to draw a warrant for said amount in favor of Balmoral Homes. The motion was passed by the following roll call vote: AYES: Councilmen:--Shiple:y;'Bartlett;. McCracken;.Kaufman,:Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen: None REIMBURSEMENT - COLWELL COMPANY - RESOLUTION NO 2866 - ADOPTED The Clerk presented a transmittal from the Public Works Department of Resolution No. 2866 authorizing reimbursement of $33,399.96 to Colwell Company for the construction of a storm drain in drainage area 7G as ,per Reimbursement Agreement No. 137. The Clerk read Resolution No. 2866 by title - "A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON'BEACH AUTHORIZING THE'EXPENDITURE OF MONEY FROM THE DRAINAGE AREA 7G FUND." On motion by Bartlett, Council waived further -reading of Resolution No. 28669 and passed and adopted same by the following.roll call vote: AYES: Councilmen: Shipley, Bartlett.,'McCr-acken,.Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen: None REIMBURSEMENT - FASHION HOMES INC RESOLUTION NO 2867 —ADOPTED The Clerk presented a transmittal from the Public Works Department of Resolution No. 2867, authorizing reimbursement of $3,345.04'to Fashion Homes Inc. for the construction of a storm drain in Drainage Area 7G, as per Reimbursement Agreement No. 138. The Clerk read Resolution No. 2867 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE AREA 7G FUND." On motion by Bartlett, Council waived further reading of Resolution No. 2867, and.passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen: None • Page #4 m Council Minutes T 11/18/68 CLAIM NO 33-68 - KEVIN ERIC NICHOLS - DENIED The Clerk presented Claim No, 33-68 filed by Attorney Charles Garrity on behalf of Kevin Eric Nichols for alleged personal injuries sustained on or about September 3, 1968 at the intersection of Brookhurst Street and Hamilton Avenue . On motion by Green, Council denied Claim No. 33-68 filed on behalf of Kevin Eric Nichols, and referred same to the City Attorney and the City's insurance carrier, Motion carried, CITY ATTORNEY OPINION NO 68-22 - REGULATION OF SPEED AT SCHOOL CROSSINGS The Clerk presented a transmittal from the City Attorney of opinion on "Regulation of Speed at School Crossings," On motion by Green, the legal opinion of the City Attorney regarding the "Regulation of Speed at School Crossings," was ordered filed, Motion carried, On motion by Kaufman, Council rescinded the previous motion made at the meeting of November 4, 1968 and directed the Traffic Engineer to conduct a traffic survey on speed limits on Indianapolis Avenue, Motion carried, LEASE ASSIGNMENT ® HUNTINGTON DRIFTWOOD INC — DEFERRED The Clerk presented a lease assignment from Huntington Driftwood Inc. to California Electric Construction Company, for Council approval, Mr, John Ao White, Vice -President and Attorney for Automation Industries, owner of 100 per cent interest in California Electric Construction Company, addressed Council and requested that Council consent to the lease assignment, On motion by Coen, Council deferred this matter to the 7:30 PaMa portion of the meeting, Motion carried. ORDINANCE NO 1451 m ADOPTED m ZONE CASE NO 68-33 The Clerk gave Ordinance No. 1451 a second reading by title m "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 SOUTH SIDE OF HEIL, EAST OF ALGONQUIN STREET GONE CHANGE CASE NO, 68­33)a" On motion by Green, Council waived further reading of Ordinance No. 1451, and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen.- None C-3'7 Page # 5 - Council Minutes - 11/18/68 ORDINANCE NO 1452 - ADOPTED — ZONE CASE NO 68-34 The Clerk gave Ordinance No. 1452 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 NORTH OF WARNER AVENUE AND WEST OF BEACH BOULEVARD (ZONE CHANGE CASE NO. 68-34)." On motion by Green, Council waived further reading of Ordinance No. 1452, and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT Councilmen: None ORDINANCE NO 1453 - ADOPTED - ZONE CASE NO 68-35 The Clerk gave Ordinance No. 1453 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 ON THE`EAST SIDE OF BUSHARD STREET BETWEEN INDIANAPOLIS AVENUE AND ATLANTA-AVENUE (ZONE CHANGE CASE NO. 68-35)." On motion by Green, Council waived further reading of Ordinance No. 1453, and passedand adopted name by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO 1454 - ADOPTED - ISSUANCE OF ENTERTAINMENT PERMITS The Clerk gave Ordinance No. 1454 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 28, ARTICLE 281, SECTION 2812 AND ARTICLE 282, SECTION 2821 (b) AND (h) THEREOF PERTAINING TO THE ISSUANCE OF ENTERTAINMENT PERMITS IN RESTAURANTS IN THE CITY OF HUNTINGTON BEACH." On motion by,Green, Council waived further reading of Ordinance No. 1454, and passed and adopted same by the following roll call vote: AYES:- Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO 1455 - FIRST READING - INCLUSION OF PRECISE PLAN NO 68-1 The Clerk gave Ordinance No. 1455 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 26 TO INCLUDE PRECISE PLAN NO. 68-1, EXTENSION OF TERRY DRIVE 'WEST OF BEACH BOULEVARD." On motion by Bartlett, Council waived further reading of Ordinance No. 1455. When put to a vote the motion passed unanimously. Page #6 - Council Minutes - 11/18/68 RESOLUTION NO 2865 - ADOPTED — VACATION OF DRAINAGE EASEMENT The Clerk read Resolution No. 2865 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A DRAINAGE EASEMENT OWNED BY THE CITY ON A PORTION OF PROPERTY LOCATED IN THE NORTH TEN (10) FEET OF LOT 13 AND THE NORTHEASTERLY TEN (10) FEET OF LOT 11 OF TRACT 6645 IN THE CITY OF HUNTINGTON BEACH." On motion by Green, Council waived further reading of Resolution No. 28641 and passed and adopted same by the following roll call vote: AYES: Councilmen; Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT- Councilmen: None CITY ATTORNEY - SPACE REQUIREMENTS The Assistant City Administrator informed Council of the additional space requirements needed by the City Attorney's staff. He further informed Council that in addition to the possibility of building an addition onto the area now occupied by the Attorney's staff, there was also a possibility of leasing a portable trailer from the County. The Council requested that the Administrator report on alternate solutions to this problem at the meeting of December 2, 1968, VACATION OF CIRCLE DRIVE - APPROVED The Assistant City Administrator informed Council of a request by the Huntington Beach Company to vacate the southerly extension of Clay Avenue around Reservoir Hill. He further stated that the Public Works Department had determined that the street serves no purpose and that vacation would increase traffic safety in the area. On motion by Bartlett, Council granted the request of the Huntington Beach Company to vacate the southerly extension of Clay Avenue around Reservoir Hill and directed the Attorney to prepare a Resolution of Intent to vacate Circle Drive. Motion carried. UNION BANK - LIBRARY SITE The Assistant City Administrator stated that negotiations had been completed with Union Bank for the 18.66 acres at Goldenwest and Talbert for a library park site, and that a punccase price of $225,000.00 had been agreed upon between the City and the Bank Board of Directors. The Assistant City Administrator further requested Council's authorization to proceed with an informal escrow in this matter. On motion by Matney, Council authorized the City Administrator to proceed with an informal escrow on the library -park property. Motion carried, ACQUISITION OF CIVIC CENTER SITE - COMMITTEE APPOINTED The Assistant City Administrator informed. Council that discussions of appraisals and negotiations with the owners of the Civic Center Site property were to begin in the near future and requested that Council appoint a Council committee to sit in with the Administrative Staff during these meetings. 39 Page # 7 - Council Minutes - 11/18/68 The Mayor appointed Councilman Matney,Coufildi "n Shipley, and Councilman Kaufman to the committee and designated Councilman Matney to serve as Committee Chairman. APPOINTMENTS — UNDERGROUND UTILITIES COMMISSION The Assistant City Administrator informed Council that the Planning Commission has appointed Roger Slates and Michael Bokor to the Underground Utilities Commission and the representative from the utility companies who will serve as ex-4officio members are J. R. Sheldon, District Superintendment, Southern California Edison Company; L. C. Arthington, Senior Engineer, Pacific Telephone Company, C. W. Fletcher, Resident Engineer, General Telephone Company. The Assistant City Administrator further informed Council that the first official meeting of this group mould be scheduled soon. OIL CODE REVISIONS & SUNSET AND BALSA HARBORS STUDY Mayor Coen proposed that an informal meeting be called on November 25, 1968 at 7.00 P.M..for'the purpose- of discussing the Oil Code Revisions and the Sunset and Bolsa Harbors Study. BOAT PURCHASE - DEPARTMENT OF HARBOR AND BEACHES':- APPROVED The Assistant City Administrator. informed Council of a request from the Director of Harbors and Beaches to purchase an additional harbor patrol boat for an amount of W,771.00.which may be expended from the Cap= tal Outlay Fund. On motion by -Shipley, Council approved.the� purchase:of an.ddditional' harbor patrol boat for the Harbors and Beaches.Department for an amount of $17,771.W to be financed from th0Rtapital_ Out16y. Fund; by the; following roll call vote: AYES: Councilmen: Shipley, -Bartlett, McCracken,,Kaufman,.Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen: None CONTRACT WITH PERSONNEL: CONSULTANT The Assistant City Administrator:infovmed.Council that plans were.being made to engage a personnel consultant .firm for the -purpose- of conducting a personnel classification survey, and that a report would be submitted for Council consideration at the meeting of December 2, 1968. Mayor Coen requested that this matter be scheduled for the regular adjourned meeting of November 25, 1968 CIVIC IMPROVEMENT FUND The City Administrator informed Councilt,Qf a communication from the Finarice'Director requesting'.that Council adopt a Resolution establish- ing a Civic Improvement FunA.. j On motion by;Green, Cotiiicil direcfed the -City: Attorney Director to prepare a r4solutio"If establishing a Civic Motion carried r and Finance Improvement Fund. 40 Page #8 y Council -Minutes - IIJ18/68 REPORTS COUNCIL COMMITTEES County Harbors Committee Councilman Shipley reported that the.County Harbors Committee is scheduled to meet with the Harbor Director -and the President of the Orange County League of Cities in: the near future. . Dissolution of Harbor . District Councilman Green reported that the meetings would be scheduled for the purpose of dissolving the Harbor ' Dist:riet by January, 1970, and also stated a report wound be forthcoming on this matter. ..COMMENTS FROM COUNCIL Councilumi.Bartlett reported that he -had received conqplalnts regarding certain newspapers being sold from vending machines on the public streets and inquired as�to whether this could be legally prohibited in the City. The City Attorney stated that there was no City ordinance prohibiting the selling of certain newspapers from vending machines on the -public streets. Police Chief Seltzer stated that he would confer- with the District Attorney on this matter. On motion:by Bartlett,:Council directed the Chief of Police�to meet with' the District -At:torney „ir3..an attempt to find a solution. motion carried, COMMENTS FROM DEPARTMENT HEADS Fire Department -Report Fire Chief Picard addressed Council and stated that;.he had the Fire Department Annual Report for distribution.to Council. RECE99 .The.Mayor called a r.scess of the Council at 6:25 P.M. Council was reconvened at 7:40 P.M..by the Mayor. -PRESENTATION OF PLA2UE r OLLIE "SHORTY" RIDER The Mayor presetited a plaque to Mr..011ie "Shorty" Rider for 30 years service as -a -Volunteer Fireman with the Huntington Beach Fire Department. City Attorney Report The City Attorney discussed with Council the matter of oil companies who fail to post -bonds for oil operations. .Agreement with Talbert Vater District The City Attorney informed Council that signed contracts have been .received from the 'halbert Water District for execution by the Mayor and City Clerk; at which time the-a.pplicatiori for dissolution.of the .Talbert Water District, which had been submitted to the Local Agency Formation Commission would`be.t°aken,off their -agenda. The Agreement was apprgved fob° execution at the meeting of November 4, 1968. 641 Page #9 - Council Minutes - 11/18/68 LEASE ASSIGNMENT - HUNTINGTON DRIFTWOOD - APPROVED The Clerk presented a lease assignment from Huntington Driftwood Inc. to California Electric Company for Council approval. This matter was deferred earlier to the 7:30 P.M,.:por.tion of this meeting. On motion by Matney, Council consented to the Assignment from Huntington Driftwood Inc. to California Electric Construction Company and directed the Mayor and City Clerk to execute said Consent To Assignment on behalf of the City. Motion carried. CODE AMENDMENT 68-10 —PUBLIC HEARING - DEVELOPMENT STANDARDS - CONT'. The Clerk presented Code Amendment No. 68-10 which proposes to amend the Huntington Beach Ordinance Code pertaining to Development Standards in the R5, C2, C4, Ml-A, M1 and M2 Districts - site area, minimum frontage, building height and exceptions for existing legal buildings. The hearing had been opened at the meeting of November 4, 1968 and continued to this meeting. On motion by McCracken, Council continued the public hearing on Code Amendment No. 68-10 to a regular adjourned meeting of November 24, 1968. Motion carried. ZONE CASE NO 68-38 - PUBLIC HEARING - APPROVED Mayor Coen announced that this was the day and .hour set.for a public hearing on Zone Case No. 68-38, on property located on the north side of Slater Avenue, 970.86 feet westerly from the centerline of: Goldenwest Street and 659.34 feet easterly from the centerline of Edwards Street for a change of zone from RA Residential Agricultural District to Rl Single Family Residence District. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met and that he had received no communications or written protests to Zone Case No. 68-38. At this time staff reports and the Planning. Director's video-tape review of the property. were presented for Council's information. Mayor Coen declared the hearing open. There being no one 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 concurred with the Planning Commission and approved Zone Case No. 68-38, and directed the City Attorney to prepare an Ordinance effecting the change of zone. Motion carried. ZONE CASE NO 68-40 - PUBLIC HEARING - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 68-40, on property located on the west side of Bolsa Chica Street approximately 150 feet -south of Warner Avenue, for a change of zone from C2 Community Business District to R3 Limited Multiple Family Residence District. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met and that he had received no communications or written protests to Zone Case No. 68-40. Page # 10 - Council Minutes - 11/18/68 At this time staff reports and the Planning Director's video-tape review of the property were presented for Council's information. Mayor Coen declared the hearing open. There being no one 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 Kaufman, Council concurred with'the Planning Commission and approved Zone Case No. 68-40 as modified, and directed the City Attorney to prepare an Ordinance effecting the change of zone. Motion carried. ZONE CASE NO 68-41 - PUBLIC HEARING - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 68-41, on property located on the north side of Newman Avenue, approximately 164 feet east of the centerline of Cameron Street for a change of zone from R2 Two Family Residence District to R5 Office -Professional District. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met, and that he had received no communications or written protests to Zone Case No, 68-41. At this time staff reports and the Planning Director's video-tape review of the property were presented for Council's information. Mayor Coen declared the hearing open. There being no one 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 concurred with the Planning Commission and approved Zone Case No. 68-41, and directed the City Attorney to prepare an Ordinance effecting the change of zone. Motion carried. ZONE CASE NO 68-42 - PUBLIC HEARING - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 68-42, on property located at the southwest corner of Goldenwest Street and Warner Avenue, for a change of zone from RA Residential Agricultural District to R3 Limited Multiple Family Residence District and C4 Highway Commercial District with a 50 foot setback from the ultimate right-of-way line. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met and that he had received no communications or written protests to Zone Case No. 68-42. At this time staff reports and the Planning Director's video-tape review of the property were presented for Council's information. Mr. Rick Yost, 218 Jensen Way, Fullerton,, representing Mr. Carl Belvedere, owner of the property at the northwest corner of Goldenwest Street and Warner Avenue, addressed Council and requested a continuance.of this matter to a time when Mr. Belvedere could be present. =643 Page #11 - Council Minutes - 11/18/68 Mayor Coen declared the hearing open. Mr. Stewart Bowie, President of S. D. S. Inc., 2435 E. Coast Highway, Corona del Mar, addressed Council and apoke in favor of Zone Case No. 68-42. A motion to sustain the Planning Commission and approve Zone Case No. 68-42 was made by Kaufman, but was withdrawn before being voted upon. On motion by Green, the public hearing was closed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: Coen ABSENT: Councilmen: None On motion by Kaufman, Council concurred with the Planning Commission and approved Zone Case No. 68-42 as amended, and directed the City Attorney to prepare an ordinance effecting the change of zone, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: Coen ABSENT: Councilmen: None CONDITIONAL EXCEPTION 68-40 - TT MAP 6675 - APPEAL - DENIED Mayor Coen announced that this was the day and hour set for a public hearing on an appeal by the Huntington Harbour Property Owner's Association to the granting by the City Planning Commission of Conditional Exception 68-40, on property located on the northeast corner of Admiralty Drive and Highway No. 1. The Clerk informed the Council that all legal requirements for notifi- cation, publication, and posting on said public hearing had been met. He further informed the Council that they had been provided with copies of the Planning Secretary's transmittals of information regarding the appeal of Conditional Exception 68-40 and T. T. 6675, and the Planning Commission's recommendation for approval of a portion of Conditional Exception 68-40. The City Attorney stated that the Findings of Fact as submitted by the Planning Commission are in compliance with the Ordinance Code as to form only. Mayor Coen declared the hearing open. Mr. Marcus E. Crahan Jr., Attorney representing the appellant, addressed Council and gave reasons why the Huntington Harbour Property Owners Association oppose Conditional Exception 68-40. Mr. A. W. Knox, 3322 Easter Circle, City, addressed Council and spoke in opposition to the reduction of lot sizes which Conditional Exception No. 68-40 would require. Mr. Gordon Hatch, 16692 Baruna Lane, City, addressed Council and stated he was opposed to the granting of Conditional Exception 68-40. Mr. Bert Beria, 16581 Channel Lane, City, addressed Council and stated he was opposed to the granting of Conditional Exception 68-40. Mr. Don Goodell, 16571 Channel Lane, City, addressed Council and stated he was opposed to the granting of Conditional Exception 68-40. 644 Page #12 - Council Minutes - 11/18/68 RECESS The Mayor called a recess of the Council at 9:40 P.M. Council was reconvened at 10:00 P.M. by the Mayor. Mr. Leo Rodkin, Attorney, representing the developer addressed Council and gave reasons why he believed Conditional Exception 68-40 should be approved. Mr. Barry Berkus, applicant, 8430 Santa Monica Blvd., Los Angeles, addressed Council and stated that the Tract Map had been changed to reflect the desires of the Planning Commission and the City Council and stated he believed approval should be given to Conditional Exception 68-40. Mr. Leland A. Parker, 16688 Baruna Lane, City, addressed Council and stated he felt Conditional Exception 68-40 should be approved. There being no one further 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 to overrule the Planning Commission and deny Conditional Exception 68-40 was made by Green, but was withdrawn before being voted upon. On motion by Green, Council rescinded their action of August 19, 1968 approving Conditional Exception 68-40, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Green, Council overruled the Planning Commission and denied the portion of the request pertaining to the zoning ordinance by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen: None CONDITIONAL EXCEPTION NO 68-41 - APPEAL - CONTINUED Mayor Coen announced that this was the day and hour set for a public hearing on an appeal by William S. Buck, Sterling Building Design, to the denial by the Planning Commission of Conditional Exception 68-41 on property located on the southeast corner of Fourteenth Street and Olive Avenue. The Clerk informed the Council that all legal requirements of notifi- cation, publication, and posting on said public hearing had been met, on regulations of the Districting Ordinance, to allow a building to encroach into the 25' X 25' corner cut-off and garage setbacks of 7z feet, in deviation to the required 22 foot garage setback. He further informed the Council that they had been provided with copies of the Planning Secretary's transmittal recommending denial, and that he had received no communications or written protests other than the letter of appeal. The Planning Director presented a video-tape review of the property for Council's information. Page # 13 - Council Minutes - 11/18/68 Mayor Coen declared the hearing open. Mr. Ray Wirta, 1303 Olive Avenue, City, addressed Council and stated that he was opposed to Conditional Exception 68-41. Mrs. Phyllis Galkin, Realtor, 715 loth Street, City, addressed Council and read a letter in favor of Conditional Exception No. 68-41 from nearby residents of the area. Mrs. Galkin also gave reasons why she believed Conditional Exception 68-41 should be approved. There being no one further to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Mayor Coen declared the hearing closed. A motion was made by McCracken -to overrule the Planning Commission and approve Conditional Exception 68-41, subject to their taking the plan back to their Engineer to provide for two parking spaces on Olive Avenue and two on 14th Street, and subject to Traffic Safety Engineer's approval, but was withdrawn before being voted upon. On motion.by McCracken, Council deferred action on this matter to the meeting of December 2, 1968 and informed the applicant that he should submit a revised plan at that time. Motion carried. CHAMBER OF COMMERCE - SHEA - CODE AMENDMENT 68-10 Mr. Jerry Shea, 2110 Main Street, representing the Legislative Action Committee of the Chamber of Commerce addressed Council regarding Code Amendment 68-10 - development standards in various districts in the City. EXECUTIVE SESSION Council adjourned to an Executive Session at 11:50 P.M. The meeting was reconvened at 1:10 A.M. by the Mayor. ADJOURNMENT On motion by Coen, the regular meeting of the City Council of the City of Huntington Beach adjourned to Monday, the 25th day of November, 1968, at 7:00 P.M. Motion carried. ATTEST: Paul C . Jones City Clerk -Paul C . Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Alvin M. Coen Mayor K-461