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HomeMy WebLinkAbout1969-08-18MINUTES Council Chamber, Civic Center Huntington Beach California Monday, August 16, 1969 Mayor Green called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 P.M. The fledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Pastor Don Hedges - First Assembly of God Church. ROLL CALL Councilmen Present: Bartlett, McCracken, Kaufman, Matney, Coen, Green Councilmen Absent: Shipley MINUTES On motion by Bartlett, the minutes of the regular meeting of August 4, 1969, and the regular adjourned meeting of August 6, 1969, were approved and adopted as prepared and mailed.by the City Clerk. Motion carried. CITY OF COSTA MESA 1tESOLUTION NO 69-57 The City Administrator informed Council of a resolution adopted by the City of Costa Mesa urging the Army Corps of Engineers to give high priority to the improvement of the lower Santa Ana River and the entire drainage system from Prado Dam to the Pacific Ocean. It was requested that Council consider the adoption of a. similar resolution. On motion by Kaufman, Council directed the City Attorney to prepare a resolution similar to that adopted by the City of Costa Mesa, for trans- mittal to the Army Corps of Engineers. Motion carried. 3i EXPENDITURES FROM YOUTH COALITION FUND - APPROVED The City Administrator requested that Council approve an expenditure of $151.00 by the Youth Coalition Committee for their sponsorship of a. surf- ing contest under the supervision of the Harbors and Beaches Department. On motion by Bartlett, Council approved the expenditure of $151.00 by the Youth Coalition Committee for their sponsorship of a surfing contest held under the supervision of the Harbors and Beaches Department. REPORT --ZONE CASE NO 69-17 - R3 PORTION The Clerk presented a transmittal from the Planning Department of a report on Zone Case No. 69-17 (R3 Portion), on which a public hearing had been held and closed on August 4, 1969. Following the hearing the matter was referred back to the Planning Commission for the purpose of reconsidering their decision to deny that portion of Zone Case No. 69-17 which would change the zone on property located on the north side of Edinger Avenue, west of the Marina High School Site from MIA to R3, and specifically would rezone Phase #1 to R3. Mayor Green directed that this matter be deferred to the evening portion of the meeting. p CANCELLATION - WEED CHARGES - CITY PROPERTY The Clerk presented a communication from the Director of Public Works requesting that Council take action to cancel weed charges on City owned property. On motion by Kaufman, Council directed that all weed charges in City owned property, as shown on the list submitted, be cancelled. Motion carried. 41 Page #2 - Council Minutes - 8/18/69 7, `7 CLOSING OF MEDIANS - BEACH BLVD - RES NO 3035 - ADOPTED The Clerk presented a transmittal of a, resolution from the Director of Public Works which is required by the State for the closing or relocation of median openings on Beach Boulevard. The Clerk read Resolution No. 3035 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTING70N BEACH REQUESTING THE STATE TO CLOSE OR RELOCATE VARIOUS MEDIAN OPENINGS ON BEACH BOULEVARD." On motion by Bartlett, Council waived further reading of Resolution No. 3035, and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley EXECUTIVE SALON - BUSINESS" LICENSE - EMPLOYEE PERMITS - SET FOR HEARING The Clerk presented a, memorandum from the City Attorney recommending that a, date be set for hearing the matter of revocation of masseuse permits of three employees of the Executive Salon, 17434 Beach Blvd., City, pursuant to S. 2722 of the Huntington Beach Ordinance Code and revocation of busi- ness license for said business pursuant to S. 2112.7(a) & (b). On motion by Bartlett, Council directed that this matter be set for hear- ing on September 2, 1969, and further directed that the City Clerk serve notice of such hearing upon all parties concerned in the manner required by the Ordinance Code. Motion carried. ARCHITECTURAL AGREEMENT - CIVIC CENTER - DEFERRED The Clerk presented a, transmittal from the City Attorney's office of an agreement between the City and the civic center architect, Kurt Meyer and Associates and Honnold, Reibsamen and Rex, for Council consideration. Mayor Green directed that Council take said agreement under study, with action to be taken thereon at the meeting of September 2, 1969. ORDINANCE NO 1517ZONE CASE NO 69-16 - ADOPTED The Clerk gave Ordinance No. 1517 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 WEST SIDE OF SPRINGDALE STREET, SOUTH OF EDINGER AVENUE (ZONE CHANGE CASE NO. 69-16)." On motion by Coen, Council waived further reading of Ordinance No. 1517, and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley �sI ORDINANCE NO 1518 - ZONE CASE NO 69-19 - ADOPTED The Clerk gave Ordinance No. 1518 a, second reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF CAMERON STREET AND NEWMAN STREET (ZONE CHANGE CASE N0. 69-19)." On motion by Coen, Council waived further reading of Ordinance No. 1518, and passed and adopted same by the Following unanimous roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley 942 Page #3 - Council Minutes - 8/18/69, ORDINANCE WILL-- - UNIFORM SWIMMING POOL CODE - ADOPTED The Clerk gave Ordinance No. 1519 a second reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 814, AND ADDING THERETO A NEW ARTICLE 814 ENTITLED, 'UNIFORM SWIMMING POOL CODE,' 1967.EDITION." On motion by Coen, Council waived further reading of Ordinance No. 1519, and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley ORDINANCE NO 1520 - NATIONAL ELECTRICAL CODE - FIRST READING The Clerk gave Ordinance No. 1520 a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTER 82, AND ADDING THERETO A NEW CHAPTER 82 ENTITLED, 'NATIONAL ELECTRICAL CODE,' 1968 EDITION." On motion by Coen, Council waived further reading of Ordinance No. 1520. When put to a vote the motion passed unanimously.' ,1 ORDINANCE NO 1521 - ZONE CASE NO 69-17 - FIRST READING The Clerk gave Ordinance No. 1521 a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED SOUTH OF BOLSA AVENUE, WEST OF SPRING - DALE STREET ( ZONE CHANGE CASE NO..69.-17)." On motion by Coen, Council waived further reading of Ordinance No. 1521. When put to a vote the motion passed unanimously. ORDINANCE NO 1522 - ZONE CAfE!NO 69-21 - FIRST READING The Clerk gave Ordinance No. 1522 a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED NORTH OF GARFIELD AVENUE BETWEEN STEWART STREET AND CRYSTAL AVENUE (ZONE CHANGE CASE N0. 69-21)." On motion by Coen, Council waived further reading of Ordinance No. 1522. When put to a vote the motion. passed unanimously. ORDINANCE NO 1523 - ESTABLISHED SPEED LIMITS - FIRST READING The Clerk gave Ordinance No. 1523 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6171.1 OF THE HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT ON DELAWARE AND HUNTINGTON STREETS." On motion by Coen, Council waived further reading of Ordinance No. 1523. When put to a vote the motion passed unanimously. RESOLUTION NO 0 3 - ACQ OF AND FOR OPEN SPACE PURPOSES - ADOPTED The Clerk read Resolution No. 3033 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND ,PROVIDING FOR THE EXECUTION OF A CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN -SPACE PURPOSES NO. CALIF. OSA-375(G) BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE UNITED STATES OF AMERICA." On motion by Kaufman, Council waived further reading of Resolution No. 3033, and passed and adapted .same by the following unanimous roll call vote: AYES: Councilmen: Bartlett,..McCrackeh,.KaufmaFn, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen; Shipley 9431 Page #4 - Council Minutes - 8/18/69 C RESOLUTION NO 3036 - PURCHASE C PARK SITE - ADOPTED The Clerk read Resolution'No. 3036 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF A CERTAIN SUM OF MONEY FOR THE PURCHASE OF A PARCEL OF LAND FOR A PARK SITE IN THE GENERAL LOCATION OF SHER LANE AND AMAZON DRIVE." On. motion by Bartlett, Council waived further reading of Resolution No. 3036, and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley f 0 �, RESOLUTION NO 3037 - FIXES TAX RATE FOR 1969-70 - ADOPTED The Clerk read Resolution No. 3037 in full - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FIXING THE TAX RATE FOR SAID CITY FOR THE FISCAL YEAR 1969-1970." On motion by Kaufman, Council passed and a,dopted Resolution No. 3037 by the Following unanimous roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley RESOLUTION NO 3038 i AUTHORIZES EXECUTION OF QUITCLAIM DEED - ADOPTED The Clerk read Resolution No. 3038 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE QUITCLAIM DEED TO REAL PROPERTY SOLD AT PUBLIC AUCTION BY CITY." On motion by Kaufman, Council waived further reading of Resolution No. 3038, and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley RESOLUTION NO 3039 - PURCHASE OF PARK SITE ADOPTED The Clerk read Resolution No. 3039 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF A CERTAIN SUM OF MONEY FOR THE PURCHASE OF A PARCEL OF LAND FOR PARK SITE PURPOSES IN THE GENERAL LOCATION OF HEIL AVENUE AND SPRINGDALE STREET." On motion by Bartlett, Council waived further reading of Resolution No. 3039, and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green. None Shipley Page #5 - Council Minutes - 8/18/69 BID AWARD - LE BARD PARK - JOHNSON'S LANDSCAPE - CC-126 The Clerk read a communication from the Director of Public'Works stating that bids for the landscaping, irrigation, tennis court,.an.d related park improvements on LeBard Park - Project CC-126, had been opened at 9:00 A.M. on Monday, August 18, 1969, in the Administrative Annex by the City Clerk, City Attorney and the Director of Public Works, and that Johnson's Land- scape, Costa Mesa, was the low bidder with a bid in the amount of $94,672.00.' Mr. Wheeler recommended that the Council award the bid to Johnson's Land- scape and reject all other bids. The bids submitted were as follows.:. - Johnson's Landscape - Costa Mesa, Calif. - .94,672.00 A. F. Gaudenti - San Pedro, Calif. - 96,133.90 R. W. McClellan - Costa Mesa, Calif. - 99,979.30 0. K. Coyle - La Habra, Calif. - 1012875.00 1115,16o.o4 G. T. S. Company - Long Beach, Calif. - 104:703.00 Valley Crest Landscape - Santa Ana,.Calif. - Onmotion by Coen, Council awarded the contract for Project CC-126 to Johnson's Landscape, Costa Mesa, California, the lowest responsible bidder, for the bid amount of $94,672.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. Motion carried. BID AWARD - SIGNALIZATION & CHANNELIZATION - STEINY MITCHEL'.', - CC-129 The Clerk read a communication from the Director of Public Works stating that bids for the signalization and channelization of Magnolia and York- town ,Streets and Indianapolis and Atlanta Avenues - Project CC-129, had been opened at 9:00 A.M. on Monday, August 18, 1969, in the Administrative Annex by the City Clerk, City Attorney and the Director of Public Works and that Steiny and Mitchel, Inc., Los Angeles, California, was the low bidder with a bid in the amount of $55,840.00. Mr. Wheeler recommended that the Council award the bid to Steiny Mitchel, Inc., Los Angeles, California, and reject all other bids. The bids submitted were as follows: Steiny Mitchel, Inc. - Los Angeles, Calif. - 55,840.o0 Paul Gardner - Ontario, Calif. - 61.598.00 E. D. Johnson - Anaheim, Calif. - 62,736.00 Smith Electric - Stanton, Calif. - 65,052.00 Wm. R. Hahn Co. - La Habra, Calif. - 66,468.o0 On motion by Coen, Council awarded the contract for Project CC-129 to Steiny Mitchel, Inc., Los Angeles, California,.the lowest responsible bidder, for the bid amount of $55,840.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid. bonds. Motion carried. COMMENTS FROM COUNCIL Moratorium on Apartment Construction - Study Councilman Matney stated that he felt a moratorium on apartment develop- ment should be declared until a full review of the Master Plan of the city is completed. Considerable discussion was held regarding areas presently zoned by mul- tiple dwellings, and the anticipated zoning needs of the city. On motion by Matney, Council referred the matter of declaring a moratorium on apartment construction in the city to the City Attorney for study as to its legality. Motion carried. 45 Page #6 - Council Minutes - 8/18/69 Railroad Crossings - Study Councilman Matney stated that he had received the City Attorneys opinion regarding the possibility of demanding that the Pacific Electric Railway install signals at the Garfield Avenue, Main Street and Gotha.rd Street intersection to alleviate a dangerous traffic hazard. The Director of Public Works stated that he had met with the Field Engineer for the Public Utilities Commission and that it was extremely doubtful that;the total cost 'or"this project would be borne by the State, but that there was the possibility of the. city receiving partial funding. Mayor Green stated that the possibility of the railroad terminating at Main Street and the realignment of Gothard Street should be investigated, Following discussion on the matter, on motion by Green, Council directed the Director of Public Works and the City Attorney to study the possibility of terminating the railroad at Main Street with a, possible `realignment of Gcthard Street, and report back to Council. Motion carried. �a Limitation of Occupants Per Dwelling= Referred Councilman Bartlett inquired whether there was a possibility of regulating the number of occupants per dwelling, as various problems were arising in the city which might be controlled by establishing occupancy standards. On motion by Bartlett, Council referred this matter to the City Attorney, Chief of Police, Director of Building and Safety and the Fire Department for study and report. Motion carried. Service Station Standa4sll - Study Mayor Green stated that he believed serious consideration should be given to placing service stations in the city under architectural control. Mayor Green directed the City Attorney to study this matter for report at the meeting of September 2, 1969. COMMENTS FROM DEPARTMENT HEADS The City Attorney informed Council that he had prepared his Annual Report and that it was available for the information of Council members and the community. -3i RESIGNATION - KEN BEIDMAN - DESIGN REVIEW BOARD The Clerk presented.a communication From Mr. Ken Beidman submitting his resignation from the Design Review Board. On. motion by Coen, Council accepted the resignation of Mr. Ken Beidman with.regrets, and directed that a. Certificate of Appreciation be prepared for presentation to Mr. Beidman. Motion carried. On motion by Kaufman, Council directed that the Attorney prepare an ordi- nance amendment to provide for elimination of requirements for licensed architects and landscape architects as members of the Design Review Board, and that in the future members be selected on their experience and back- ground. Motion carried. C; , PROTEST TO TREE REMOVAL -REFERRED TO STREET DEPT Mr. William R. Lunt, 1841 Pine Street, City, addressed the Council and protested the removal of the parkway trees on Pine Street. Mayor Green directed that this matter be referred to the Street Depart- ment and the Director of Public Works. RECESS The Mayor called a. recess of the Council at 5:40 P.M. Council was recon- vened at 7:35 P.M. by the Mayor. Page #7 - Council Minutes 8/18/69 0/-33 PROTEST - BUILDING DEMOLITION The Clerk presented a communication from Mrs. M. V. Tambolleo regarding the Notice and Order issued to her by the Department of Building and. Safety requiring the vacation and demolition of two single family dwell- ings located on her property at 7911 Warner Avenue,. City. Mrs. M. V. Tambolleo addressed Council and stated that she felt the city should bear the responsibility for the demolishing of the dwellings, cap- ping of the water mains and the filling of the cesspool. She also re- quested that the city take measures to abate the dust falli.ng.into her swimming pool from an adjacent construction project. Mr. Charles Gera,rden, Land Use Technician, addressed the Council and informed them of the circumstance under which the dwelling units were condemned by the city. Mayor Green informed Mrs. Tambolleo that the City Attorney would explain the City's position in this matter, and directed that the problem of dust abatement be referred to the City Administrator. /..�J REPORT - ZONE CASE NO 69-17 - R3 PORTION The Clerk presented Zone Case No. 69-17 (R3 Portion) which had been deferred from the earlier portion of the meeting. The Clerk informed Council that he had received a report from the Economic Development Department of the Huntington Beach Chamber of Commerce rega,�d- ing this matter. A motion was made by Matney to reopen the public hearing on Zone Case No. 69-17. A motion was made by Councilman.Kaufman to amend Councilman Matney's motion to reopen the public hearing and limit discussion to a ten minute time period for each proponent and opponent. Motion carried. A vote was taken on the original motion, as amended, and was unanimously passed. Mayor Green declared the hearing reopened. Mr. Cris C. Cris, 9627 Adams Avenue, City, representing the Home Council, addressed Council and stated that he felt a rezoning of the area could be made, which would be agreeable to all parties concerned. Mrs. Carole Morris, 7131 Stonewood, City, addressed Council and stated that she believed there is an adequate number of apartments in that area. Councilman Matney presented a petition listing 1600 signatures of persons in the area opposed to the zone change. Mr. William Lusk, developer of the property, addressed Council and pre- sented his views regarding the effect this development would have on the Ocean View School District. Mr. Dick Belyea, Chairman of Industrial Relations of the Huntington Beach Chamber of Commerce, addressed Council and stated that he strongly recom- mended approval of this development as it would aid the industrial pro- gress of the 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. Mayor Green informed the Council and the audience that much misinformation regarding the effect of approval of this zone case on the local school district and homeowners had been presented by various interests, and that he wished to set the record straight by presenting facts which he had researched in this matter. 9471 Page #8 - Council Minutes - 8/18/69 On motion by Kaufman, Council granted a. change of zone on the R3 portion of Zone Case 69-17, for Parcel 5, on property located on the east. side of Graham Street north. of Edinger Avenue, and directed the City Attorney to prepare an ordinance effecting ,said change of zone. Motion carried. Councilman Coen requested that the Recreation and Parks Commission study the possibility of extending the Marina Park Site northward. CONDITIONAL EXCEPTION NO 6q-5 - TT MAP NO 6874 - APPROVED The Clerk presented Conditional Exception No. 69-5 and Tentative Tract Map No. 6874 on. property located southwest of Channel Lane between Admiralty Drive and Broadway to allow a subdivision to have 35 feet of frontage, 5600 square feet of area and 43 foot wide streets. The public hearing was opened at the meeting of July 21, 1969, continued and closed at the meet- ing of August 4, 1969, and action deferred to this meeting. Mr. George Shibata, Attorney for the appellant, addressed Council and stated that the developer would proceed with the bulkheading of property and that the street would be dedicated for public use by the developer. Mr. Jerry Jones, 16771 Ba,yview Drive, Sunset Beach, addressed Council and presented conditions that he recommended be imposed when and if Council approve this matter. Mr. Jim Nachazel, 4630 Campus Drive, Newport Beach, add.ressed Council and spoke regarding various methods to implement the bulkheading in the develop- ment. The Director of Public Works stated that he recommended a minimum waterway width of 50 feet. Mr. Gordon Hatch, representing the Huntington Harbour Property Owners Association, stated that the property owners hoped that proper develop- ment of the property could be realized. On motion by Bartlett, Council overruled the decision of the Planning Commission and approved Conditional Exception No. 69-5 and Tentative Tract Map No. 6874, with the following conditions: 1. The Tentative Map received May 27, 1969, shall be the approved layout. 2. The water and fire hydrant systems shall be approved by the Department of Public Works and the Fire Department. 3. All utilities shall be installed underground. 4. The tract shall be approved for construction of single family homes only. 5. All waterways shall be deeded in fee to the City. 6. All property within Tentative Tract 6874 shall annex to the Harbor Maintenance District now being formed. 7. A petition for rezoning to R2 shall be filed by the developer prior to his submitting the final map to theCity Council for acceptance. 8. A soil report by an approved soils engineer shall be submitted to the Department of Public Works prior to recordation of any portion of the tract. 9. A development plan shall be submitted to the Board of Zoning Adjust- ments prior to issuance of building permits. Said plan shall: �a) Provide 5 ft. minimum side yard setback for all dwellings, and b) Conform to City Standards with respect to all required setbacks and site development. 10. A satisfactory arrangement shall be worked out with the Department of Public Works with respect to disposition of the sewer line prior to recordation of a final map. Page #9 - Council Minutes - 8/18/69 11. Placement of the block wall shall be approved by the Board of Zoning Adjustments, and such wall shall be constructed of decorative masonry material. 12. Drainage of the adjacent property shall be handled in a manner satis- factory to the Department of Public Works. 13. All waterways abutting this tract shall have a minimum navigable width of 50 ft. clear width (pierhead line to pierhead line) 14. The boundary of the tract map shall include the channels which bound the property and said channel shall be dedicated to the City. 15. Docking facilities abutting Channel Lane shall be relocated adjacent to the bulkhead on the opposite side of the channel adjacent to this tract. 16. A bulkhead shall be installed along all waterways according to Depart- ment of Public Works requirements. 17. The proposed street shall be constructed to City Standards and dedi- cated for public use. 18. A plan for bulking along the Romora, Channel shall be approved by the Department of Harbors and Beach. 19. All "Standard Conditions of Approval" for tentative tracts that are applicable shall be complied with. Motion carried. CODE AMENDMENT NO 69-8 - PUBLIC HEARING --APPROVED. Mayor Green announced that this was the day and hour set for a contin- uance of a public hearing on Code Amendment No..69-8, pertaining to Section 9103.3.1.1 (Minimum Open Space) for the Rl Single Family Residence District a's follows: (1) Require open space on lots recorded prior to June 5, 1946, at a ratio of lot size to open space. (2) Require 900 square feet of open space for lots recorded between June 5, 1946, and March 19, 1969. (3) Require 1200 square feet of open space on all such lots recorded after March 19, 1969. Said hearing was opened at the meeting of August 4, 1969 and continued to this date. The Clerk informed the Council that all legal requirements for notification, publication and posting on said public hearing had been met and that he had received no communications or written protests to Code Amendment No. 69-8. The Assistant Planning Director presented a resume' of the Planning Com- mission action in. approving the proposed Code Amendment. Mayor Green declared the hearing re -opened. There --being no one present to speak on the matter and there being no pro- tests filed, either oral or written, the hearing was closed by the Mayor. On motion by Coen, Council approved Code Amendment No. 69-8, and directed the City Attorney to prepare an Ordinance amending the Huntington Beach Ordinance Code by adding same. Motion carried. 9491 Page #10 - Council Minutes - 8/18/69 CODE AMENDMENT NO9-9 - PUBLIC HEARING - APPROVED Mayor Green announced that this was the day and hour set for a continuance of a public hearing on Code Amendment No. 69-9 to amend the Ml-A Restricted Manufacturing District regulations concerning front yards abutting local streets, and both the Ml-A Restricted Manufacturing District and the M1 Light Industrial. Districts concerning side and rear yards abutting property zoned or master planned for residential use. Said hearing was opened at the meeting of August 4, 1969 and continued to this date. The Clerk informed the Council that all legal requirements for notifica- tion, publication and posting on said public hearing had been met and that he had received no communications or written protests to Code Amendment No. 69-9. The Assistant Planning Director presented a. resume' of the Planning Com- mission action in approving the proposed Code Amendment. Mayor Green declared the hearing re --opened. There being no one present to speak on the matter and there being no pro- tests filed either oral or written, the hearing was closed by the Mayor. On motion by Coen, Council approved Code Amendment No. 69-9, and directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code by adding same. Motion carried. ZONE CASE NO 69-12 - PUBLIC HEARING - CONTINUED Mayor Green announced that this was the day and hour set for a contin- uance of a, public hearing on Zone Case No. 69-12, on property located 400 feet south of Warner Avenue, 660 feet west of Edwards Street for a change of zone from R1 to R3. Said hearing was opened at the meeting of June 2, 1969, continued to June 16, 1969, and again continued to this date. The Clerk informed the Council that he had received a letter from Macco Cor oration requesting a further continuance of this matter for a period of �5 days. On motion by Kaufman, Council continued the public hearing on Zone Case No. 69-12 to the meeting of October 65 1969. Motion carried. ZONE CASE N0 69-23 - PUBLIC HEARING - APPROVED Mayor Green announced that this was the day and hour set for a public hearing on Zone Case No. 69-23, on property located on the south side of Williams Avenue approximately 125 feet west of Beach Boulevard for a change of zone from R2 Two Family Residence District to C4 Highway Com- mercial. District. The Clerk informed the Council that all legal requirements for notifica- tion, publication and posting on said public hearing had been met and that he had received no communications or written protests to Zone Case No. 69-23 or to the recommendation of approval of the Planning Commission. At this time staff reports were presented for Council's consideration. Mayor Green declared the hearing open. There being no one to speak on the matter and no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Matney, Council sustained the decision of the Planning Com- mision and directed the City Attorney to prepare an ordinance effecting the change of zone in Zone Case No. 69-23. Motion carried. 1950 Page #11 - Council Minutes - 8/18/69 CONDITIONAL EXCEPTION NO 69-26 - APPEAL - COUNCILMAN GREEN - DENIED Mayor Green announced that this was the day and hour set for a public hearing on an appeal filed by Councilman Green to the approval by the Planning Commission of Conditional Exception No. 69-26 to permit an 828 unit apartment complex on approximately 29.52 acres of land in the R5 Office -Professional District, combined with oil, on property located at the southwest corner of Atlanta Avenue and Beach Boulevard. The Clerk informed the Council that all legal requirements for notifica- tion, publication and posting on this public hearing had been met, and that he had received no communications or written protests to Conditional Exception No. 69-26 or to the recommendation of the Planning Commission other than the letter of appeal. The Clerk read the letter of appeal to Conditional Exception No. 69-26 filed by Councilman Green. At this time the City Administrator and the Assistant Planning Director presented reports on this matter for Council's information. Mayor Green declared the hearing open. Mr. Gordon Walker, 1914 "B" Meyer Place, Costa Mesa., Administrator of Mrs. Talbert's estate, addressed Council and requested that no action be taken at this time as the entire parcel is presently in probate, in- cluding Mrs. Talbert's one-third portion. Mr. Phil Mitchell, representing Voorheis-Trindle & Nelson Orange County, the applicant, addressed Council and read a, letter from Mr. and Mrs. Gordon Talbert regarding this matter. 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 Conditional Exception No. 69-26. Councilman Kaufman made a motion to amend Councilman Matney's motion to continue CE 69-26 for a 60 day period, but when put to a vote, the motion failed. A vote was then taken on the original motion, and it was unanimously passed. r� SUNSET BEACH NO 5 & 6 ANNEXATION - PUBLIC HEARING - RES 3034 - ADOPTED Mayor Green announced that this was the day and hour set for a contin- uance of a public hearing to hear objections to an election on "Sunset Beach Annexations Nos. 5 & 6", as required under Section 35120 of the Government Code of the State of California. The hearing on this matter was opened at the meeting of August 4, 1969 and continued to this meeting. The Clerk informed the Council that after review of the protests filed against the annexation, he found that they amounted to approximately 55.8% of the total assessed valuation. He informed Council that there were some discrepancies in connection. with signatures on said protests, which could possibly alter this presentation, but that it would require con- siderable research to make a, determination. Mayor Green asked Mrs. Virginia Strain, a proponent of the annexation, if she wished to address the Council and give them her reaction to the apparent failure of the proposed annexation.. Mrs. Virginia Strain, P.O. Box 175, Sunset Beach, addressed Council and stated that it would be of no advantage to the City to continue with annexation proceedings. 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. 9511 Page #12 - Council Minutes - 8/18/69 The Clerk read Resolution No. 3034-by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKING ITS DETERMINATION AND FIND- ING OF MAJORITY PROTESTS IN PROPOSED ANNEXATION PROCEEDINGS DESIGNATED SUNSET BEACH ANNEXATION NOS. 5 AND 6." On motion by Kaufman, Council waived further reading of Resolution No. 3034, and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen Shipley ADJOURNMENT McCracken, Kaufman, Matney, Coen, Green On motion by Kaufman, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:10 P.M. Motion carried. ATTEST: Paul C. Vbhes City Clerk Paul C ones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California John V. V. Green Mayor 952