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Home My WebLink About1970-04-20 (6)MINUTES Council Chamber, Civic Center Huntington Beach, California, Monday, April 20, 1970 Mayor Green called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. ROLL CALL Councilmen Present: Shipley, Bartlett, McCracken, Green, Ma.tney (arrived at 7:30 P.M. Councilmen Absent: Kaufman, Coen VISITORS TO CITY INTRODUCED Mayor Green introduced Mr. and Mrs. Gerald Smilgus visitors to our City from Guadalajara, Mexico and their hosts Mr. and Mrs. Warren Benno. He stated that the possibility of forming a, Sister City program with the city of Tequila, Mexico, is being explored by Mr. and Mrs. Benno and interested organizations in Huntington Beach. =/S PRESENTATION FROM HUNTINGTON VALLEY LITTLE LEAGUE Mr. John Cweika, President of the Huntington Valley Little League pre-. sented League Baseballs to Mayor Green and Norm Worthy, Recreation and Parks Director, for their assistance in helping the League to expand its facilities in Bushard School. Mr. Cweika, also extended an invita- tion to all to attend the opening game on Saturday, April 25, 1970. CONSENT CALENDAR (ITEMS APPROVED) The following consent items were approved as recommended, by the follow- ing roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Green NOES: Councilmen: None ABSENT: Councilmen: Kaufman, Ma.tney, Coen 1. CITY-STATE AGREEMENT NO. 2568 Approved City -State Agreement No. 2568 for the relocation of a traffic signal at Warner Avenue and Beach Boulevard in conjunction with the widening of Warner Avenue for an estimated cost of $5000.00, and author- ized the Mayor and City Clerk to execute same on behalf of the City. 2. DEDICATION OF IMPROVEMENTS - TRACT NOS. 5562 & 6586 - SHOWCASE HOMES Aecep ed improvements for public use in Tract Nos. 5562 an3_6586 located at the northeast corner of Bushard Street and Hamilton Avenue, authorized release of the Faithful Performance portions of the Improvement Bonds only, the Monument Bonds, and termination of the Subdivision Agreements - Tract Nos. 5562 and 6586. 3. DEDICATION OF IMPROVEMENTS - TRACT NOS. 6371 & 6682 - COVINGTON BROS. Accepted improvements for public use in Tract Nos. 6371 and 6682 located at the southeast corner of Heil Avenue and Golden West Street, authorized release of the Faithful Performance portion of the Improvement Bonds only, the Monument Bonds, and termination of the Subdivision Agreements - Tract Nos. 6371 and 6682. / c''y 4. DEDICATION OF IMPROVEMENTS - TRACT NO. 6156 - SHIELDS DEV. CO. Accepted improvements for public use in Tract No. _b156 located at the southwest corner of Brookhurst Street and Yorktown Avenue, authorized release of the Faithful Performance Portion of the Improvement Bond only, the Monument Bond and the termination of the Subdivision Agreement - Tract No. 6156 13� Page #2 - Council Minutes - 4/20/70 5. NOTICE OF COMPLETION - CHAIN LINK FENCING - PROJECT CC-137 Accepted work on Chain Link Fencing - Project CC-137, completed by AA Fence Company, Inc., for a, final contract amount of $12,947.25 and directed the City Clerk to file a. Notice of Completion with the Orange County Recorder. 6. NOTICE F COMPLETION - SIGNALS - YORKTOWN & INDIANAPOLIS - CC-135 Accepted work on the signa,liza,tion of Yorktown and Indianapolis Avenues - Project CC-135, completed by E. D. Johnson and Company for a, final contract amount of $39,629.00 and directed the City Clerk to file a Notice of.Com- pletion with the Orange County Recorder. 7. NOTICE 6 COMPLETION - SPRINGDALE HEIL & BROOKHURST IMPROVEMENTS Accepted work on street improvements of Heil Avenue and Springdale and Brookhurst Streets, Project CC-123, colleted by Industrial Contracting Company for a, final contract amount of 100,678.05 and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. EP 8. NOTICE Off' COMPLETION - GREEN STREET - SEWER MAIN - CC-154 Accepted work on the sewer main in Green Street -- Project CC 154 com- p$leted by Henson Construction Company for a final contract amount of 17,869.20 and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. 9. LABOR & &TERIALS BOND RELEASE - VARIOUS TRACTS Authorized the release of Labor and Materials Bonds for the following Tracts and directed the Treasurer to notify the Bonding Company and the City Clerk to notify the developer of same. a, 6557 - SE corner b 6317 - SW corner c 6104 & 6105 - NE d 6080 - SE corner e 5978 - NE corner f 6028 - NE corner g 5904 - SE corner h 6331 - SE corner i 6278 - NW corner j 6355 - SE corner k 63325 - SW corner 1 6248 - NE corner m 6117 - SW corner n 6567 - SE corner RESOLUTIONS - Heil & Goldenwest - Covington Bros. Garfield & Magnolia - Kaufman -Broad corner Atlanta, & Newland - Deane Bros. - Yorktown & Magnolia, - Balmoral Homes - Brookhurst & Atlanta. - Essex Land Co. - Atlanta & Newland - Deane Bros. - Heil & Algonquin - Harbor East Co. - Hamilton & Bushard - Calah Const. Co. - Hamilton & Busha,rd - Oakhurst Land Co. - Bushard & Yorktown - Helen Investment - Brookhurst & Hamilton - Calah Const. - Atlanta & Brookhurst - Essex Land Co. - Brookhurst & Yorktown - Shields Dev. - Atlanta & Newland - Security Fore Corp. The Clerk informed Council that Resolution No. 3161 pertaining to the acquisition of certain real property for the extension of a portion of Magnolia Street, had been deleted at the request of the City Attorneyts office. On motion by Bartlett, Council directed the Clerk to read Resolution Nos. 3159 and 3160 by title, waived further reading and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Green NOES: Councilmen: None ABSENT: Councilmen: Kaufman, Matney, Coen RESOLUTION ENO. 3159 - ADOPTED - SEWAGE LEGISLATION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING FEDERAL AND STATE REPRESENTATIVES TO INITIATE AND ENACT LEGISLATION PRO- HIBITING THE DISCHARGE OF SEWAGE FROM SHIPS, BOATS, OR OTHER VESSELS INTO THE WATERS OF ANY BAY, HARBOR, OR NAVIGABLE STREAM, AND MAKING THE VIOLATION THEREOF PUNISHABLE BY LAW." RESOLUTION A'. 3160 - ADOPTED - PUBLIC RECORDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTAB- LISHING CHARGES TO BE LEVIED BY CITY OFFICES FOR FURNISHING COPIES OF PUBLIC RECORDS." Page #3 - Council Minutes - 4/20/70 BID AWARD MURDY PARK LIGHTING - CC-158 - BOOTH ELECTRIC CO. The Clerk read a communication from the Director of Public Works stating that bids for the installation and construction of sports field lighting facilities including the installation of city furnished materials, had been opened at 9:00 A.M. on Monday, April 20, 1970, in the Administra= tiVe Conference Room by the City Clerk, City Attorney and the Director of Public Works, and that the firm of Booth Electric Company, Westminster, California, was the low bidder with a bid in the amount of $26,728.00. Mr. Wheeler recommended that Council award the bid to Booth Electric Company and reject all other bids. The bids submitted were as follows: Booth Electric Company - Westminster, Calif. - $263728.00 McBride Electric Company - Lynwood, Calif. - 29,994.00 A. E. C. Orange Company - Buena Park, Calif. - 34,900.00 Allen Electric Company - Orange, Calif. - 73692.00 413952.00 Steiny Mitchell - Los Angeles, Calif. - Smith Electric Company - Stanton, Calif. - 52,519.00 On motion by Bartlett, Council awarded the contract for Project CC-158 to Booth Electric Company, Westminster, California, the lowest respon- sible bidder, for a bid amount of $26,728.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Green NOES: Councilmen: None ABSENT: Councilmen: Kaufman, Matney, Coen VACANCIE5_''. LOCAL AGENCY FORMATION COMMISSION The City Administrator informed Council of two vacancies to be filled on the Local Agency Formation Commission and that the election date had been deferred to May 14, 1970. REQUEST FOR REFUND OF APPEAL FEE - REFERRED TO ADMINISTRATION The City Administrator informed Council of a request from Allison Honer Company for a refund of an appeal fee paid by them in appealing a decision of the Planning Commission to deny Conditional Exception No. 69-45. He stated that publication and printing of notification notices had already been made at the time of the request for withdrawal of appeal, and on this basis he would recommend denial of the request for refund. ORDINANCES FOR ADOPTION On motion by Shipley Council directed the Clerk to read Ordinance Nos. 1572, 1573, 1574 and 1575 by title, waived further reading and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Green NOES: Councilmen: None ABSENT: Councilmen: Kaufman, Matney, Coen ORDINANCi'NO. 1572 - ADOPTED - ZONE CASE NO. 6 -35 "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 DETROIT STREET AND WEST OF THE NEW EXTENSION FOR DELAWARE STREET (ZONE CHANGE CASE NO. 69-35)." f,_" ORDINANCE NO. 1573 -_ADOPTED - ZONE CASE NO. 70-5 "AN ORDINANCE OF BEACH ORDINANCE CHANGE OF ZONING WARNER AVENUE AN ORDINANCE N�`I� THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR ON REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF D BOLSA CHICA STREET (ZONE CHANGE CASE NO. 70-5)." 74 - ADOPTED -.SPEED LIMIT - YORKTOWN AVENUE O"AN THRDHNN 9 T9EASHTORD�NARCEICODENTNRMIRGPRIMAIF�CW.1 SPEED LIMIT ON YORKTOWN AVENUE FROM BEACH TO WARD. Page #4 - Council Minutes - 4/20/70 ORDINANCE NO.`15t - ADOPTED - PRECISE PLAN NO. 70-1 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 31 TO INCLUDE PRECISE PLAN NO. 70-1, EFFECTING A NORTH -SOUTH CONNECTION BETWEEN SPEER AVENUE AND SLATER AVENUE AT A POINT LOCATED APPROXIMATELY 1200 FEET WEST OF BEACH BOULEVARD." ORDINANCE NO. 1559 - ADOPTED - NON -PRODUCING OIL WELLS The Clerk gave Ordinance No. 1559 a. second reading by title - 'BAN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING ARTICLE 239 THERETO ENTITLED, ?ACTIVATION OF NON -PRODUCING OIL WELLS?.' On motion by Shipley, Council waived further reading of Ordinance No. 1559 and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett,McCracken, Green NOES: Councilmen: None ABSENT: Councilmen: Kaufman, Matney, Coen ORDINANCE NO. 1566 - ADOPTED - COMBINING OIL DISTRICTS The Clerk gave Ordinance No. 1566 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 968 CONCERNING COMBINING OIL DISTRICTS; ADOPTING A NEW ARTICLE 968; AMENDING SECTION 9700 (n) CONCERNING NONCONFORMING OIL OPERATIONS; AND ADOPTING NEW SECTIONS 9710.3, 9710.3.1, 9710.3.1.1, 9710.3.2 AND 9710.3.3." Following discussion, on motion by Shipley, Council waived further reading of Ordinance No. 1566 and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen: Kaufman, REPORTS - COUNCIL COMMITTEES Bartlett, McCracken, Green Matney, Coen Y Downtown Property Owners Committee Councilman McCracken reported that members of the Downtown Property Owners Committee had submitted option agreements signed by owners of approximately 13z percent of the property involved in the plans for private development of the downtown area. The Assistant City Administrator informed Council that these documents had been delivered to the Planning Department for examination and that inclusion of property owned by Mr. T. V. Talbert and Mr. Robert Terry would increase percentage of property committed to this project to 312 percent. The City Attorney recommended that Council make a judgment regarding this area and hear a presentation by Mr. Terry. Mr. Bob Terry addressed Council regarding the property owners intentions relative to development of the downtown area. The City Attorney informed Council that the documents submitted by the Committee were legally acceptable as options but that a, determination should be made by Council as to whether the options meet the criteria set forth by Council. The City Administrator added. that it would be desireable for the City to obtain some guarantee of performance on the options submitted by the property owners. Following considerable discussion, on motion by Shipley, Council deferred consideration of this matter to the Council meeting of May 18, 1970. Motion carried. Page #5 - Council Minutes - 4/20/70 RECESS Mayor Green called a. recess of the Council at 5:55 P,M. The meeting was reconvened by the Mayor at 7:45 P.M. COMMENTS FROM COUNCIL Condolences - Richard N.eutra. Fau.ily Councilman Shipley suggested that the City send flowers and a message of condolence to the family of the late Richard Neutra. City Attorney s_:Office - Oil Code Enforcement Councilman Matney requested information as to whether the City had adequate legal staff to enforce the'oil section of the ordinance code recently adopted.by Council, The City Attorney informed Council that enforcement of the oil code on a moderate level was .possible with the present staffing of his office, but that maximum and. rigid enforcement of the code could only be realized by the addition of a full time oil attorney to his staff. Considerable discussion was held by Council on the matter. On motion by Matney, Council directed that the position of an oil attorney be included in the budget for fiscal year.1970-71. Motion carried. ?7 Consulta:iit - Traffic Systems Analysis The Finance Director addressed Council.regarding the need,for a. Traffic Systems Consultant to be provided to the City through a Federal Grant. He requested that a committee be appointed by Council.consisting of Mr. Richard Belyea, the City Administrator, Police Chief and himself to,interview and select a consultant for said project: and alsofor authorization to accept bids and award the contract upon ratification by Council at the may 4, 1970 Council meeting. On motion by Shipley, Council approved the formation of a committee con- sisting of Police Chief Robitaille, Richard Belyea, the City Administrator and himself for the interview and selection of a Traffic Systems Analysis Consultant and authorized acceptance of bids and an award.of contract upon ratification by Council. Motion carried. PETITIONS'��6R CLOSING PEDESTRIAN WALKWAY The Clerk informed Council of a transmittal from the Director of Public Works of petitions for the closing of pedestrian walkways in the City block wall on Springdale Street at Welde and Milton Circles. The Director of Public Works recommends the sealing of theCity Block wall in these locations. On motion by McCracken, Council accepted the recommendation of the Director of Public Works and ordered the openings in the City block wall sealed.Motion carried. T. C. SALE NO. 1853 - COUNTY OF ORANGE The Clerk presented a transmittal from the City Attorney's office informing them of the County Tax Collector's intention to sell at public auction a parcel of land required f.or the extension of Queens Land - AP #111-441=13 for a minimum bid of $10.00, pursuant to Division 1, Part 6, Chapter 8, Article 2 of the Revenue and Taxation Code,.State of California. A.1117 Page #6 - Council Minutes - 4/20/70 On motion by McCracken, Council objected to Tax Collector's Sale #1853, authorized the Mayor and City Clerk to execute an agreement to purchase said parcel of land pursuant to provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code, State of California; agreed to guarantee expenses of purchase and sale as set forth in Section 3793.6 of said Code, and directed the Finance Director to draw a warrant in the amount of $10.00 when billed by the, -:County. The motion passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Matney, Green NOES: Councilmen: None ABSENT: Councilmen: Kaufman, Coen,.,. /,'; ATLANTIC RICHFIELD LEASE - DRIFTWOOD PROPERTY The Clerk presented a transmittal from the City Attorney's office of the Contingent Lease between the City and Atlantic Richfield Company and Memorandum of Lease to be filed for record in the County Recorder's office by Atlantic Richfield Company following receipt by the City of a letter agreement that said company will quitclaim the contingent lease- hold interest to the City upon termination of said contingent lease. On motion by Bartlett, Council approved the recommendation of the City Attorney and directed the Mayor and City Clerk to execute the documents on behalf of the City. Motion carried. REQUEST - DIAGONAL PARKING - STH STREET & OLIVE AVENUE The Clerk presented a report from the Public Works Department recommend- ing that the request of the First Church of Christ Scientist for a return to diagonal parking be denied, together with a report pertaining to diagonal parking the downtown area. On motion by Matney, Council approved the recommendation of the Public Works Director and denied the return to diagonal parking on Eighth Street as requested by the First Church of Christ Scientist. Motion carried. On motion by Matney, Council directed the City Attorney to prepare an ordinance revising Section 6312 of the Huntington Beach Ordinance Code to prohibit unsafe travel widths on City streets. Motion carried. PUBLIC HEARING - APPEAL - CONDITIONAL EXCEPTION 70-10 - DENIED Mayor Green requested and was granted permission to abstain from con- sideration of this matter due to a possible conflict of interest. Mayor Pro-tempore McCracken announced that this was the day and hour set for a public hearing for the purpose of considering an appeal filed by Robert 0. Morris, 6511 Crista Palma, City, to the denial by. the Planning.Commission of .Conditional Exception No. 70-10 to permit the operation of an auto wrecking yard in the Ml Light Industrial District, on property located on the south side of Slater Avenue .Y. approximately 1325 feet west of Beach Boulevard. The Clerk informed Council that all legal requirements for notifica= tion, publication and posting on said public hearing had been met and that he had received a communication from Mr. and Mrs. Owen Schrader, 772 E. Claremont Street, Pasadena opposing Conditional Exception No. 70-10. The Clerk read the communication from Mr. and Mrs. Owen Schrader. The Assistant Planning Director presented a resume' of the Planning Commission's reasons for recommending denial of Conditional Exception No. 70-10. -Mayor Pro-Tempore McCfackendeclared the hearing open. Mr. Bill Poore, 1746 Park, City, addressed Council and stated that he believed approval of Conditional Exception No. 70-10 would constitute a hazardous conditions to the children residing in the area. 3 Page #7 - Council Minutes - 4/20/70 Mr. Arnold Elkins, 7782 Speer Avenue, City, addressed Council and stated that he felt the requested use was incompatible with the surrounding area. Mr. Frank Golder, 18761 Gregory Lane, City, addressed Council and requested that Council deny Conditional Exception No. 70-10. Mr. Herk McDonald, 6382 Santa, Ynez Drive, City, addressed Council and stated his opposition to the requested. use. Mr. David Kory, owner of First Pioneer Realty, 17471 Beach Boulevard,. City, addressed Council and. gave reasons why he believed the property was suited for use as an auto wrecking yard.. Mr. Don Z. Sommers, representing Mr. Robert 0. Morris, appellant, addressed Council and gave reasons why he believed Council should grant approval of Conditional Exception No. 70-10. 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 Pro-tempore McCracken. On motion by Shipley, with Mayor Green abstaining from the vote, Council sustained the decision of the Planning Commission and denied Conditional Exception No. 70-10. Motion carried. Mayor Green resumed his place at -the Council table. PUBLIC'9ARING - APPEAL - ZONE CASE 70-6 - (PORTION OF PENNI MAN & CO.) Mayor Green announced that this was the day and hour set for a public hearing on an appeal filed. by Russell S. Penniman & Co., Inc. to the denial by the Planning Commission of a portion of Zone Case No. 70-65 petitioned for Commercial Zoning on property located south of the Edison easement, 1318 feet south of Garfield Avenue, west of Brookhurst Street; the petitioner requesting the award of R5 Office -Professional zoning on the property denied Commercial zoning. 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 this portion of Zone Case No. 70-6 other than the letter of appeal, or to the recommendation of denial by the Planning Commission. The -Planning Director presented a resumes and video tape of the Planning Commission's reasons for denial of this zone case. Mr. Russell Penniman, 547 W. Commonwealth, Fullerton, the appellant, addressed Council and gave reasons why he believed his request for a change of zone should be approved. Mr. W. A. Grotukois, 3085 Country Club Drive, Costa Mesa, owner of Rancho Mobil Estates addressed Council and requested approval of this matter. There being no one further present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor. Following discussion, on motion by Matney, Council directed that this portion of Zone Case No. 70-6 be referred back to the Planning Commis- sion for a restudy of the proposed R5 use. Motion carried. PUBLIC HEARING - ZONE CASE NO. 70-8 - APPROVED Mayor Green announced that this was the day and hour set for a public hearing on Zone Case No. 70-8, on property located west of Golden West Street, 660 feet north of Garfield Avenue, for a change of zone from RA-0 Residential Agricultural District to Ml Light Industrial District. Page #8 - Council Minutes - 4/20/70 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 Zone Case No. 70--8, or to the recommendation of approval of the Planning Commission. The Assistant Planning Director presented a resume of the Planning Com- missions reasons for recommending approval of Zone Case No. 70-8. There being no one present to speak on the matter, and there being no protests filed either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council sustained the decision of the Planning Commission and approved Zone Case No. 70-8 and directed the City Attorney to prepare an ordinance effecting the change of zone. Motion carried. PUBLIC HEARING - PRECISE PLAN ALIGNMENT NO. 70-3 - APPROVED Mayor Green announced that this was the day and hour set for a public hearing on Precise Plan Alignment No. 70-3, to precise plan the align- ment of the southerly extension of Delaware Street between Atlanta Avenue and Pacific Coast Highway. 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 Precise Plan Alignment No. 70-3 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 Precise Plan Alignment No. 70-3. There being no one present to speak on the matter, and there being no protests filed either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council approved Precise Plan Alignment No. 70-3 and directed the City Attorney to prepare an Ordinance effecting same. Motion carried. PUBLIC HEAIi�TG - RESOLUTION NO. 3144 - NEWLAND #4 ANNEXATION Mayor Green announced that this was the day and hour set for a, public hearing on the hearing of protests on "Newland Annexation #4", and directed. the Clerk to read. the legal notice. The Clerk read notice of public hearing in Resolution No. 3144 - "Newland Annexation #4", as published in the Huntington Beach Edition of the Orange County Evening News and the Huntington Beach News on March 5, 1970 and March 12, 1970, setting the hour of 7:30 P.M., or as soon thereafter as possible on Monday, the 20th day of April, 1970, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing on "Newland Annexation #4" which is generally located. east of Beach Boulevard and north and south of Ellis Avenue - approximately 70 acres. The Clerk informed Council that he had received a communication regard— ing this matter from property owners of less than one precent of the area to be annexed. Mayor Green opened the hearing for hearing to protests to "Newland Annexation #4". Mr. Mark Downey, 8162 Laura, Circle, City, stated that he was not opposed to the proposed annexation, however, he questioned the type of zoning proposed by the City for this area. The Council informed Mr. Downey that land obtained by the City through annexation is automatically placed under Rl zoning standards and should new zoning be proposed for said property, the surrounding property owners would be duly notified and a public hearing held on the matter. 140 Page #9 - Council Minutes - 4/20/70 There being no one further present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The Clerk read Resolution No. 3162 by title - !A RESOLUTION OF THE CITY OF HUNTINGTON BEACH MAKING ITS DETERMINATION AS TO PROTESTS MADE AT THE TIME OF HEARING ON 'NEWLAND ANNEXATION NO. 4=." On motion by Shipley, Council waived further reading of Resolution No. 3162, and passed. and adopted same by the following roll call vote: AYES: Councilmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen: Kaufman, Bartlett;. McCracken, Matney, Green Coen The Clerk gave Ordinance No. 1576 a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH.APPROVING THE ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY DESIGNATED AS INEWLAND ANNEXATION NO. 0.11 On motion by Bartlett, Council waived further reading of Ordinance No. 1576, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Matney, Green NOES: Councilmen: None ABSENT: Councilmen: Kaufman, Coen RECONSIDERATIONf USE PERMIT 6 -70 & DIVISION OF LAND 69-4 Councilman McCracken asked. the opinion of the City Attorney as to whether it would be possible to reconsider the decision taken by Council on Use Permit 69-70 - construction of a Handyman Hardware Store on property located at the southeast corner of Adams Avenue and Brookhurst Street, and Division of Land 69-43 to permit division of a parcel of land in the same vicinity into two separate legal parcels. The City Attorney informed Councilman McCracken that a motion to recon- sider this matter must be made by a Councilman who voted in opposition to the matter. A motion was made by Councilman Shipley to reconsider Use Permit 69-70 and Division of Land. 69-43, previously denied at the April 6, 1970 Council meeting, but was withdrawn before being voted upon. Withdrawal was based on an opinion of the City Attorney that a motion for recon- sideration would require four affirmative votes to be effective. No further action was taken on the matter at this time. ADJOURNEMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 9:45 P.M. to Tuesday, April 21, 1970, at 7:30 P.M. in the Council Chamber. Motion carried. ATTEST: Paul ones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California N. John V. V. Mayor 41