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HomeMy WebLinkAbout1970-01-05 (6)MINUTES Council Chamber, Civic. Center Huntington Beach, California, Monday, January 5, 1970 Mayor Pr-o-tempore'McCracken called the regular meeting.of the City Council of the City of Huntington Beach to order at 4:30 P.M. The Pledge of Allegiancewas given by all present. in the Council Chamber. The Invocation was given by.Reverend Fred Overby - Community Methodist Church. ROLL CALL Councilmen Present:: Bartlett, McCracken, Kaufman, Matney.,, Green (arrived at 4::50 P.M..), Coen (:arrived at. 4: 55 P.M.),. Shipley (,arrived at 7:30 P;.M. ) Councilmen Absent:: None CONSENT CALENDAR (ITEMS REMOVED FROM CONSENT CALENDAR) Councilman Matney requested that Resolution No.. 3105- be removed from the Consent Calendar in. order to hold separate discussion on the matter._ CONSENT.CALENDAR (.ITEMS APPROVED) On motion by Kaufman, and carried unanimously, the following.consent. items were approved -and adopted as recommended, by the following roll call vote AYES: Councilmen: Bartlett, McCracken,Kaufman, Matney NOES: Councilmen None ABSENT Councilmen; Shipley, Coen, Green 1. REIMBURSEMENT =;:: UN�Q T: OIL..COMPANY Approve final reimburserrten of -$-3-,-777.64 to Union Oil Company for the construction of off -site water main at Warner Avenue and Magnolia Street, per Reimbursement Agreement No. 117. ,�q-erp 2.- REIMBURSEMENT - UNION OIL COMPANY Approved Reimbursement of 31 0. 0 to Union Oil Company for construction of off -site water main at 4541 Heil Avenue, per Reimbursement Agreement No 107 3. REIMBURSEMENT.- JOSEPH L HOLTZ Approved reImbur.sement o 379. 3 to Joseph L..Holtz for construction of off -site water main at Garfield Avenue and Magnolia Street.. 4. RESOLUTIONS RES, NO.- 11o6 - STREET NAME CHANGE - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF HUNTINGTON BEACH CHANG- ING THE NAME OF HEATHERTEN CIRCLE TO HEATHERTON CIRCLE.." RES, NO. 3107'- HB WITHDRAWN FROM SUNSET BEACH LIGHTING.DIST - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING -THAT PORTION OF THE'SUNSET BEACH LIGHTING DISTRICT LYING WITHIN THE BOUNDARIES OF THE CITY OF HUNTINGTON BEACH WITHDRAWN FROM SAID SUNSET BEACH LIGHTING DISTRICT." C'f7: RES, NO....3108 - AUTHORIZES EXPENDITURE -SEWER FUND - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." 441 Page #2 - Council. Minutes - 1/5/70 /F ,e RES. NO. 3109 - INTENTION TO VACATE - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE CERTAIN EASEMENTS IN THE PARKING AUTHORITY PROJECT. 33 RES. NO. 3110 -- MORATORIUM - ADAMS AND BROOKHURST - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLAR- ING A MORATORIUM ON THE ISSUANCE OF BUILDING, PLUMBING, ELECTRICAL, SIGN, GRADING AND OTHER PERMITS ON PROPERTY.LOCATED ON THE SOUTHEAST CORNER OF ADAMS AVENUE AND BROOKHURST STREET FOR A PERIOD OF 120 DAYS." RES. NO. 3111 - AMENDING RES. NO. 3049 - COMPENSATION PLAN - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMEND- ING RESOLUTION NO. 3o4g ENTITLED,'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO A COMPENSATION PLAN' AS IT PERTAINS TO CLASSIFICATIONS IN THE LEGAL DEPARTMENT." RES. NO.?3112 - AUTHORIZES EXPENDITURE - SEWER FUND - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." RES. NO. 3113 - AUTHORIZING SALE - CITY -OWNED PROPERTY - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE SALE OF CITY -OWNED PROPERTY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE QUITCLAIM DEED THEREFOR." 5. COMMUNICATION - CITY OF NEWPORT BEACH - RECEIVED AND FILED A letter from the City -of Newport Beach congratulating the City of Huntington Beach on its beautification of the City's coastline, and wishing the City continued progress in its redevelopment effort, was received and filed. 9- - . 6. REI URSEMENT AGREEMENT - NO. 70-Dl - APPROVED Reimbursement Agreement No. 70-D1 for storm drain facilities in Drainage Area 6C as constructed by Hampshire Land.Company and assigned to Joseph L. Holtz, was approved and the Mayor and City Clerk authorized to execute same. 7.. FINAL TRACT MAP NO. 7010 - PBS CORP - APPROVED Accepted offers of dedication as shown on Final Tract Ma,p No. 7010, located at the northwest corner of Atlanta. Avenue and Bushard Street; Acreage: 17.665; Lots: 57; Developer: P.B.S. Corporation, 2700 East Coast Highway, Suite 1, Corona Del Mar, California; and adopted the map subject to standard conditions set forth by the Department of Public Works and Planning Department in Resolution No. 3056, adopted October 20, 1969. Further instructed the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt. of writing from such company stating that it will cause preliminary processing of such map by the County, but will not record said ma,p or cause it to be recorded until the completion of all the conditions, and receipt by such title company of prior written consent to record said map, from the City Clerk. r z, 8. DEDICATION OF IMPROVEMENTS - TRACT NO. 6404 - B A BERKUS Accepted improvements for public use in Tract No. 6404, authorized the release of the Monument Bond, and termination of the Subdivision Agree- ment. 45 Page #3 - Council Minutes - 1/5/70 RES. NO. 3105 - TRANSFER OF APPROPRIATIONS - ADOPTED AtCouncilmanMatney's request, the Finance Director explained the trans- fer of appropriations from the General Fund set forth in Resolution No. 31.05 The Clerk read Resolution No. 3105 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE TRANSFER OF APPROPRIATIONS BETWEEN AND WITHIN DEPARTMENTS OF THE GENERAL FUND FOR THE.FISCAL.YEAR 1969-1970." 0n motion by Bartlett, Council passed and adopted Resolution No. 3105 by the following roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney NOES: Councilmen: None ABSENT Councilmen:.Shipley,. Coen, Green RECOMMENDATIONS REGARDING PARK BONDS - APPROVED The City Administrator made the following. recommendations to Council in regards to park bonds, and requested that they be approved: I. Instruct the Bond'Counsel to prepare Notice Inviting Sealed Bids to be presented for adoption at the January 19, 1970,. meeting. 2.. Prepare a resolution authorizing issuance of bonds. 3. Authorize Mayor and City Clerk to sign Letter of Agreement with O'Melveny & Myers as Bond Counsel. On motion by Kaufman, Council approved the recommendations of the City Administrator, authorized preparation of Notice Inviting Sealed Bids in sale of pa.rk.bonds; directed the City Attorney to prepare a resolution authorizing the issuance of said bonds; and authorizedthe Mayor and City Clerk to execute an agreement with the firm of O'Melveny and.Myers to serve the City as bond counsel during negotiation of said bonds. Motion carried. y� SUBLEASE - HUNTINGTON.DRIFTWOOD - CONT. to 7:30 PORTION OF MEETING The City Administrator recommended approval of an amendment to the sub- lease with Huntington Driftwood. Mayor Pro-tempore McCracken directed that this matter be held until the 7:30 P.M. portion of the meeting. C: % - rz APPOINTMENT - COUNCIL COMMITTEE - CONT. to 7:30 PORTION OF MEETING The City Administrator recommended that a, three man Council committee: by appointed by the Mayor to work with the architect and staff in develop- ment of the civic center. Mayor Pro-tempore McCracken directed that this matter also be held until the 7:30 P.M. portion of the meeting. EMPLOYMENT OF JOSEPH M LISI - ATTORNEY 111. The City Administrator recommended that Mr. Joseph M. Lisi be appointed as Attorney III, Range 65, in the Attorney's Department. On motion by Kaufman, Council appointed Mr. Joseph M. Lisi as Attorney III; Range 65 in the Attorney's Department Motion carried. 13 NATIONAL RIVERS AND HARBORS CONGRESS The.City Administrator recommended that James R. Wheeler, Director of Public Works-; and Vincent Moorhouse, Director of Harbors, Beaches and Development be authorized to accept appointments to committees of the National Rivers and Harbors Congress, and that policy set forth in a report submitted by the Director of Public Works and Director of Harbors, Beaches and.Development, be adopted by Council. On motion by Matney, Council authorized Mr. Wheeler and Mr. Moorhouse to accept appointments to 'committees of the National Rivers and Harbors Congress, and that policy set forth in a report submitted by the Director of Public Works and Director of Harbors, Beaches and Development, be adopted. by Council.. Motion carried. 46 Page #4 - Council Minutes - 1/5/70 ff 'i - 7 -- REQUEST - BACKGROUND OF ORDINANCES Councilman Matney requested that the staff include background information on Ordinances, particularly who makes the request for preparation and initiation of same. Mr. Miller stated that.the Chamber. of Commerce had requested the same information, and he would initiate a.policy of providing background information on ordinances. ORDINANCES FOR INTRODUCTION Following discussion by Council on Ordinance No. 1548, the Clerk was directed to read the minutes of the October 20, 1969 meeting pertaining to Code Amendment No. 69-7. On motion by Kaufman, Council directed the Clerk to read Ordinance Nos. 1548 and 1549 by title and waived further reading by the following unanimous roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley IL ORD. NO. 1548 - CODE AMENDMENT NO. 69-7 - LANDSCAPING - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9432.3(c), 9790 AND 9792.2 RELATING TO LANDSCAPING. ORD. NO. 1549 - CODE AMENDMENT No. 69-10 SERVICE STATIONS- FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9430.5(g); AMENDING SECTIONS 9430, 9430•7, 9430.7.1, 9453 AND 9471; ADDING SECTIONS 9454 and 9454.1 PERTAINING TO SERVICE STATIONS." r. -- 96, EMERGENCY ORDINANCE NO. 1550 - PUBLIC WELFARE - ADOPTED The Clerk read Emergency Ordinance No. 1550 in full - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 4037 PERTAINING TO THE PUBLIC WELFARE." On motion by Coen, Council passed and adopted Ordinance No. 1550 by the following.unanimous roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley REPORTS —COUNCIL COMMITTEES Systems Analysis and Data, Processing Committee Councilman Coen reported that the Council Committee on Systems Analysis and Data Processing had completed a, rough draft of the presentation which they plan to present to Council at the meeting of January 19, 1970. COMMENTS FROM COUNCIL RES. NO. 3114 - SENATOR SCHMITZ - ADOPTED Councilman Coen informed the Council that, at the meeting of October 20, 1969, they had adopted a resolution commending the area legislators. Councilman Coen stated that he felt that a. State Senator representing this area, ha,s been remiss in his duties toward the people of the City, and.he believed that said Senator's name should be deleted from the resolution. Councilman Coen then made a motion to rescind the action of the Council in adopting Resolution No. 3055 with the name of Senator John G. Schmitz included therein. Following considerable discussion by the Council, the motion was withdrawn by Councilman Coen. Page #5-.C.ouncl Minutes 1/5/70 Councilman Coen directed the City Clerk to enter a statement in the minutes to the effect that if Resolution No. 3055 were to come before the,Co.uncil at this time, he would vote against it in regards to :the inclusion of the name of Senator Schmitz. Resolution No.. 3114 was read b.y title by the City :Clerk - 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CENSURING STATE SENATOR JOHN G. S;CHMITZ FOR HIS ACTIONS IN CONNECTION WITH THE ''TOP OF THE PIER' DEVELOPMENT PLAN.11 On motion by ;Coen, Council waived further reading and passed and adopted Resolution No. 31.14, :and directed the Cier.k to send a. copy to `Senator Howard Way, President of the State Senate,. The motion was passed by the following roll call vote: AYES; Councilmen.: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley s 3 Moratorium on Downtown Area Property Councilman McCracken reported that a three member Council committee had met with the Downtown Property Owners Association regarding the morato- rium imposed on the downtown area property.. Mayor Green suggested that this .matter could be discussed at an adjourned meeting of. -the Council on January 12, 1970. v'3 V 8 - s Lease of Buildings in Moratorium. Area Councilman McCracken stated that he had been contacted by owners of buildings located in the downtown moratorium area of the city regarding problems they have had in leasing or renting their buildings as a result of the moratorium... He stated that Mr. Max Hoeptner, who owns property in the affected area, was present and wished to address Council, Mr. Max Hoeptner addressed Council and informed them of the obstacles he has encountered in obtaining a permit t,o.repair a building located in this area. He further stated that the city had denied business licenses to prospective tenants of his buildings. Mayor Green informed Mr. Hoeptner that businesses which are not con- ducive to the health, welfare and morals of the community had been denied licenses in this area, however .any prospective tenant of his buildings, wishing to operate a. business compatible with the area, will be given consideration by Council, The Mayor informed Mr. Hoeptner that the Director of Building and Safety could advise him regarding building repair permits, RECESS Mayor Green called a, recess of the Council at 5:50 P,M. The meeting was reconvened at 7:37 P.M. by the Mayor. LiOi ng Additions to Council Agenda Councilman McCracken stated that letters, reports and studies relative to matters not scheduled on the agenda were being received by Councilmen on the day of a meeting and that it was impossible to discuss these items due to the lateness of presentation. Discussion was held by Council on the matter and it was determined that un-scrf6buled items should not be presented for Council's consideration unless they pert.a�ro matters of urgency. The City Clerk informed Council that this policy would be beneficial to his office and requested direction as to who would be responsible for determining the urgency of an item. On motion by Bartlett, Council directed that the City Administrator be responsible for the control and timing of material submitted and that a decision to consider matters not on the Council Agenda would be made by the Mayor. Motion carried. 481 Page #6 - Council Minutes - 1/5/70 vi Transcript of Public Utilities Commission Hearing Requested Councilman Kaufman requested the City Administrator to provide'each Council member with a, transcript of the Public Utilities Commission hearing on the expansion of the Southern California Edison Plant. Oil Well Clean-up Enforcement Mayor Green requested the City Attorney and Council members to offer their opinions relative to retaining special counsel to represent the City in oil litigation matters. The City Attorney gave reasons why'he believed retaining outside counsel was not desireable, and stated that considerable progress in the area. of oil code enforcement could be realized if the city were to recruit an additional attorney for his staff to work exclusively on this problem. Following discussion by Council, on motion by Shipley, Councilman Coen, and Councilman McCracken, were appointed to a committee to work with the City Attorney, City Administrator and Oil Field Superintendent on the matter. Motion carried. Abandoned Service Station - Edinger and Edwards Mayor Green informed Council that the problem of the abandoned service station located on the corner of Edwards Street and Edinger Avenue which had illegally parked trucks and trailers on the premises and on the adjacent streets, had been referred to the Police. Department for enforce- ment of the 72 hour parking limitation of that area. COMMENTS FROM DEPARTMENT HEADS �i Federal Grant Approved - Oak View Park The Director of Recreation and Parks reported that he had been informed by Congressman Hosmer that the city's application for a Federal grant for Oakview Park had been approved in the amount of $87,000.00. He extended an invitation to members of the Council and citizens to the Recreation and Parks Department sponsored bus tour of city parksites on Saturday, January 10, 1970. Sheraton Inn Sublease - Approved The Assistant City Administrator presented an outline of the arrangements which have.been negotiated for the implementation of a sub -lease to. allow the location of a service station on the corner of Huntington Street and Pacific Coast Highway. He stated that this would require an amend- ment to the Master Lease between the City and California Electric Con- struction Company, with a, Consent to Sublease and Contingent Lease, and presented a. transmittal of the following items for Council consideration: 1. Amendment to Master Lease 2. Sublease 3. Consent to sublease 4. Lease (contingent) 5. Letter agreement Mr. Dave Wilson, Chairman of the Design Review Board addressed Council and stated that he favored Council approval of the sublease. Mr. Phil Bush, Attorney, representing California Electric Construction Company and Atlantic -Richfield Oil Company, addressed Council regarding the various provisions set forth in the Amendment to the Master Lease. Considerable discussion was held by Council on the matter. A motion was made by Coen to approve the amendment to'the Master Lease, the con- sent to sublease, the lease contingent between the City and Atlantic Richfield Company and the letter agreement, and authorized the Mayor and Clerk to execute these documents on behalf of the City. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Ka,ufma.n, Matney, Coen, Green NOES: Councilmen: McCracken ABSENT: Councilmen: None Page #7 - Council Minutes-_1/5/70 73 DISSOLUTION OF ORANGE COUNTY HARBOR DISTRICT Mayor Green stated that the subject of the dissolution of the Orange County Harbor District would come before the Orange County Division of the League of California Cities on January 8, 1970, and that each city was to be prepared to cast their vote on the matter. - Considerable discussion wa,s held on the merits of supporting an expanded harbor district or to continue the City's policy of pressing for dissolu- tion of the district. The Director of Harbors, Beaches and Development asked if it would be possible for the City to initiate deannexation proceedings from the dis- trict and the City Attorney stated that he would research this question. On motion by Shipley, Council reaffirmed their position in support of the dissolution of the Orange County Harbor District. Motion carried. 3 APPLICATION FOR COUNCIL PERMIT - IRMA E. TURNER - DRESS SHOP - GRAN-TED The Clerk presented,a letter of appeal from Mrs. Irma E. Turner, 2534 E. Hoover, Orange, California, to the denial by the City Clerk of a business license to operate a dress and gift shop at 104 Fifth Street, City. The Clerk informed the Council that he had found nothing detrimental to the applicant or her proposed operation in the police report, and had denied same because of Council's desire to consider businesses in this location. He recommended to Council that they grant Mrs. Turner a. per- mit and direct him to issue a business license. On motion by Kaufman, Council granted a Council Permit to Mrs. Irma E. Turner to operate the business of dress and gift shop at 104.Fifth Street, City, and directed the City Clerk to issue a business license for same. Motion carried. APPLICATION FOR COUNCIL PERMIT - S. J. LETO - GRANTED The Clerk presented a letter of appeal from Mr. Samuel J. Leto, 5502 Towers Street, Torrance, California, to the denial by the City Clerk of a business license to operate a men's and women's clothing and acces- sories shop at 1092 Main Street, City. The Clerk informed the Council that'he had found nothing detrimental to the applicant or his proposed operation in the police report, and had denied same because of Council's desire to consider businesses in this location. He recommended to Council that they grant Mr. Leto a permit and direct him to issue a business license. On motion by Coen, Council granted a Council Permit to Mr. Samuel J. Leto, to operate the business of men's and women's clothing and accessories shop at 1091 Main Street, City, and directed the City Clerk to issue a business license for same. Motion carried. 101 REQUEST TO ADDRESS COUNCIL - OUTDOOR ADVERTISING ASSOCIATION The Clerk presented a communication from Mr. Hal W. Brown, Jr., Califor- nia State Outdoor Advertising Association requesting permission to address Council regarding certain provisions of the sign code. Mr. Robert F. Reid, representative of California State Outdoor Adverti- sing Association addressed Council and requested a six month extension of time to remove non -conforming signs, as required by the Sign Code. Considerable discussion was held on the matter between theCouncil and Mr. Reid. On motion by Kaufman, the communication -from California State Outdoor Advertising Association was received and filed without other action. Motion carried. 50 Page # 8 - Council Minutes - 1/5/70 PROPOSED "NEWLAND NO. 4" ANNEXATION The Clerk presented a, letter informzrg. Council that .efforts which had been made during the past four or five years to align the boundaries between Huntington Beach and Fountain Valley and eliminate a pocket of County territory in the area, west of Newland Street and finally reached culmination. He requested that Council approve the proceedings to initiate "Newland No. 4" Annexation and authorize filing of same with the Local Agency Formation Commission of Orange County. On motion by Kaufman, Council approved the proceedings and authorized the Clerk to initiate "Newla,nd No:- 4" Annexation by filing necessary documents in connection therewith,,with the Local Agency Formation Commission of Orange County, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None APPLICATION FOR COUNCIL PERMIT - JOHN.F GARFIELD - BEER BAR -- GRANTED The Clerk presented a letter of appeal from Mr. John F. Garfield, 140 W. Ora,ngethorpe #8, Placentia, California,, to the denial by the City Clerk of a business license.to operate the business of beer bar, known as "The Fireside'', at 410 Pacific. Coast Highway, City. The Clerk informed the Council that he had found nothing detrimental to the applicant or his proposed operation in the police report, and had denied same because of Council consideration of the location. On motion by Coen, Council granted a, Council Permit to Mr. John F. Garfield to operate the business of beer ba,r dba, ."The Fireside", at 410 Pacific Coast Highway, City, and directed the Clerk to issue a, business license for same, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen NOES: Councilmen: Green ABSENT: Councilmen: None PROPOSAL FOR FURNISHING ELECTION MATERIALS AND SERVICES - APPROVED The. Clerk informed Council of a proposal from Martin and Chapman Company, 2131 Bixby Road, Lakewood, for the furnishing of services and materials for the General Municipal election on April 14, 1970. On motion by Bartlett, Council accepted the proposal of Martin and Chapman Company to supply services and materials for the General Municipal election to be held April 14, 1970, and authorized the City Clerk to execute the agreement. Motion carried. hZr ZONE CASE No. 69-33 - BROSS BROTHERS - APPROVED Mayor Green informed the Council that the first Public Hearing would be on Zone Case No. 69-33 and that, due to a pos-sible conflict of interest he would like permission to abstain from consideration of the matter and vacated the chair in favor of. Mayor Pro-tempore McCracken. The Clerk presented Zone Case No. 69-33 on property located at the south- west corner of Heil Avenue and Magnolia Street, from Rl_ to C4 with 50 foot setback from ultimate right-of-way line and E3 on which a public hearing was opened and closed on December 8, 1969, and the matter referred back to the Planning Commission for further study. The Planning Director presented a resume' of Zone Case No. 69-33 for Council's consideration. Mr. Morton Willson, A.I.A., 2855 E. Pacific Coast Highway, Newport Beach, representing the applicant, addressed Council and requested that Council approve the request for a, zone change. On motion by Coen, Council sustained the decision of the Planning Commis- sion and approved Zone Case No. 69-33 and directed the City Attorney to prepare an ordinance effecting the change of zone. Motion carried. 5 Page #9 - Council Minutes'.- 1/5/70 PUBLIC HEARING - CODE AMENDMENT NO. 69-11 --APPROVED Mayor Green announced that this was the day and hour set for a public. hearing on Code Amendment No. 69-11 which proposes to amend the Rl. Single Family Residence District to allow the construction of garden or, wing walls within the 5 foot interior side yard setback and to within 5 feet of the exterior property line, provided they are constructed per pendicular to the dwelling or property line, and a 3 foot side accessway is provided to the rear yard; such wall shall not exceed the height of the first floor plate and in no case shall exceed a.•height of 9 feet. The Clerk informed 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. 69-11 or to the recommendation of -approval of the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment No. 69-11. 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. 69-11 and directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code. Motion carried. 1r'% - /c/ CONDITIONAL EXCEPTION 69-36 - APPEAL - GRANTED Mayor Green announced that this was the day and hour set for a. rehearing to reconsider an appeal to the denial by the Planning Commission to per- mit the construction of a, 24 square foot free-standing pole sign in the R3 Limited Multiple Family Residence District, on property located on the south side of Atlanta Avenue approximately 1600 feet east of Beach Boulevard. The Clerk informed 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 Conditional Exception 69-36 other than the letter of appeal. Mayor Green declared the rehearing open. Mr. Loren T. Loppnow, 8241 Atlanta Avenue, City, resident of the area, addressed Council and gave reasons why he believed that approval of Con- ditional Exception 69-36 would be detrimental to the surrounding area.. Mrs. Marge Loppnow, 8241 Atlanta, Avenue, City, addressed Council and presented her opposition to Conditional Exception No. 69-36. Mr. John R. Banks, Attorney, 701 No. Bush Street, Santa Ana, represent- ing Carpenter's Union Local #1453, City, addressed Council and gave reasons why he believed the appeal should be granted.. Mr. Cyril Fritz, Secretary -Treasurer of Carpenters Local #1453 addressed Council regarding the matter and presented a. petition listing approxi- mately 200 persons favoring approval of Conditional Exception 69-36. There being no one 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 McCracken to overrule the decision of the Planning Commission and grant Conditional Exception No. 69-36. A motion to amend the motion of Councilman McCracken was made by Councilman Kaufman, to include conditions imposed by the Board of Zoning Adjustments in regard to setback requirements and lighting standards in approval of the Conditional Exception. When put to vote, the amendment was carried. When the vote was taken on the original motion as amended, motion carried. sle Page #10 - Council Minutes - 1/5/70 PUBLIC HEARING - ASSESSMENT DISTRICT 6803 - PROCEEDINGS ABANDONED Mayor Green announced that this was the day and hour set for the contin- uation of a public hearing on Assessment District No.-6803 for the con- struction and installation of curb, gutters, streets, sewers, etc.; 'in Green Street, Milo Street, Pearce Street and Bol.sa Chica, Street. The Director of Public Works informed Council that the bids for the Assessment District were satisfactory, however, there had been protests filed by six property owners whose property constitutes 52.9 percent of the district area, and pursuant to the provisions of the Special Assessment, Investigation, Limitation and Majority Protests Act of 1931, he would recommend that Council instruct his department to abandon pro- ceedings in connection with subject Assessment District. Mayor Green declared the hearing closed. On motion by Kaufman, Council rejected all bids�f or doing work in con- nection with Assessment District 6803, and directed that Jahn T. Ganahl, Attorney, Special Counsel for Assessment Districts, be instructed to prepare a. Resolution causing proceedings to be abandoned on proposed Assessment District No. 6803. Motion carried. ADJOURNMENT On motion by McCracken, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:00 Midnight to Monday, January 12, 1970, at 7;30 P.M. in the Council Chamber. Motion carried. Paul(e'. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California, John V. V. Green Mayor ATTEST: (7"C�z (z Paul C. ones City Clerk 6_1 53