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HomeMy WebLinkAbout1960-06-0622,91 MINUTES Council Chamber, City Hall Huntington Beach, California; Monday, June 6, 1960 Mayor Gisler called the regular meeting of the City Council to order at 7:30 o'clock P.M. Councilmen Present: Wells, Lambert, Stewart, Waite, Gisler. Councilmen Absent: None. The Pledge of Allegiance was given by all present in the Council Chamber. Monthly Reports Reports of the Department Heads for the Engineering, Fire, Lifeguard, Building, Recreation De- partments, Trailer Park, Treasurer -Collector and Treasurer were read by the Clerk. On motion by Lambert, seconded by Waite, the reports were received and filed. Motion carried. Am. Legion Post #133 - A communication was received from RE: Memorial Hall rent the American Legion Post No. 133, Huntington Beach, requesting a waiver of rental fees for the use of Memorial Hall on June 11th and 12th, 1960. On a motion by Lambert, seconded by Wells, the request of the American Legion for waiver of fees was granted. Motion carried. U.S. Com.n for United A communication from the United States Nations - RE: United Nations Day Proclamation Committee for the United Nations, Peter I. B. Lavan - National Chairman, requesting the City to publish a proclamation for United Nations Day, October 24th, 1960, was read by the Clerk, and referred to the City Admini- strator. Mr. George E. Arnold - A communication from Mr. George E. RE: Newspaper Sales Arnold of Huntington Beach, requesting permission to sell°newspapers in the Municipal Trailer Park, was read by the Clerk. On a motion by Stewart, seconded by Lambert, the request of Mr. Arnold was referred to the City Administrator and the Chief of Police. Motion carried. 1. !230 Page #2 - Minutes, June 6. 1960. Atlas Fireworks Co. - RE: Mr. Welts, representing the Atlas Fireworks Display July 4th Fireworks Co., appeared before the Council to request that his company be given an opportunity to present quotations for the fireworks display to be held in con- nection with the Fourth of July celebration. A motion'was made by Wells, seconded by Stewart, that the City Administrator be authorized to accept informal bids for fireworks from any companies wishing to submit same. Motion carried. Business Licenses The Clerk presented the applications for business licenses to conduct business in the City of Huntington Beach as approved by the Health Officer,'Planning Director, Chief of Police, Fire Chief, and the Building and Safety Director. On notion by Waite, seconded by Lambert, the applications for business license to conduct business in the City -of Huntington Beach as presented by the City Clerk and approved by the Departments required, were granted as follows: ' Motion carried. Hydrocraft Inc., business of Boat Building & Glass Products, at 704 Lake Street, City. B. E. Taylor, business of Equipment Rental, at 17802 Gothard Street, City. James Thomas Hume, business of Swedish Massage, 212k Main St.; City. Coast Realty & Investment Company, business of Real Estate & Investment, at 17081 Beach Blvd., City. Morris Guy, Business of Ready Mix Concrete, at 17842 Gothard Street, City. Pacific Corrugated Culvert Company, business of Hauling pipe, Wheel Tax,, of 242 E. Live Oak, Irwindale, California. Quaker City Produce Company, business of Delivery Service, of 220 East Greenwood, La Habra, California. J. & R. Fence Company, business of Fence Contractor, Wheel Tax, of 1621 W. Lincoln, Anaheim, California. Flood-Lite Service, Inc., business of lighting maintenance, Wheel Tax, of 212 Silver Lake Blvd., Los Angeles 4, California. C. B. Sharpe, business of Landscaping, Wheel Tax, of 1861 Faust Avenue, Long Beach, California. J. A. Powers, Inc., business of Masonry Contractor, Wheel Tax, of 4855 W. Jefferson Blvd:, Los Angeles 16, California. 2. 231 Page #3 - Minutes, June 6, 1960. D. E. Bryant, business of Journeyman Plumber, of 9868 Colmada, Whittier, California. Ray Dudkowski, business of Journeyman Plumber, of 1728 Valley View, Norco, California. Clifford C. Fenner, business of Journeyman Plumber, of 14016 Anola Street, Whittier, California. Stovall Construction & Maintenance Company, business of Rig Builder, Wheel Tax, of 1401 E. Burnett St., Long Beach, Calif. Atlantic Electric Company, business of Electrical Contractor, Wheel Tax, of 8230 W. 16th St., Newport Beach, Calif. Shamel & White Nursery, business of Landscaping & Gardening, Wheel Tax, -of 410 East 17th St., Costa Mesa, California. Huntington Shores Motor Hotel, business of Trailer Park, at 21002 Ocean Avenue, City. Aurelio G. Gonzales, business of Masonry Contractor, Wheel Tax, of 12351 Westminster Ave., Santa Ana, Calif. Victor R. Berdino, business of Peddling (Industrial Catering), of 301 Fann St., Anaheim, Calif. Steven's Electric, business of Electrical Contractor, Wheel Tax, of 17221 Corby, Artesia, Calif. Imperial Builders Supply, Inc., business of Hauling, Wheel Tax, of 1004 E. Imperial Highway, La Habra, Calif. Harry L. Miller, business of Delivery of Frozen Steaks, Wheel Tax, of 1132 Rustic Rd., Escondido, Calif. Larry Fricker Co., Inc., business of Fertilizers & Insecticides, Wheel Tax, of 12971 S.W. Newport Avenue, Tustin, Calif. Ken Frobenius, Contractor, business of Construction, Wheel Tax, of 11541 Westminster Avenue, Garden Grove,.Calif. Merle E. Cade, business of Service Station, at.18501 Beach Blvd., City. Georgge Arnold, business of Selling Newspapers, Wheel Tax, of 2650� Elden St., Costa Mesa, Cali.farni.a. Victor J. Spitzea, business of Painting, of 527 - 9th St., City. William E. Powers, -business of Real Estate, at 2703 Beach Blvd., City. Or.Co.Home Service Co.- A communication from Mr. Vincent RE: Coin-Oper. Laundry Equipment _ Ross of the Orange County Home Service Company requesting renewal of the Agreement covering their coin -operated laundry equipment in the Huntington Beach Muni- cipal. Trailer Park, was read by the Clerk. A_motion was made by Waite, seconded by Wells, that the City Attorney be instructed to draw up an Agreement with the Orange County Home Service Company for the 3. Page 14,4 - Minutes, June 6, 1960. operation of coin operated laundry equipment; said Agreement.to contain a thirty -day cancellation clause. Motion carried. Calif. Div. of Hwys. - RE: A communication from the State of Land Purchase for Freewv. California, Division of .Highways, District V11, extending to the City of Huntington Beach an offer to purchase 475,385 square feet of Land needed to complete the freeway at Huntington Beach Boulevard and Pacific Coast Highway, in accordance with the Freeway Agreement between the City of Huntington Beach and the State of California, for an amountof $129,767.00, which includes land, access rights and cost to remove 3' x P' neon sign. A motion was made by Lambert, seconded by Stewart, that the offer be referred to the City Administrator, City Attorney and the City Engineer for further study. Motion carried. Advance Redi.-Mix Co. - RE: A communication from Mr. Robert M. Postponement of Application for Permit Devitt, Attorney for the Advance Redi-Mix Co., requesting a second postponement of their appli- cation for permit until July 11, 1960, was read by the Clerk. The Clerk informed the Council that there was no regular meeting of the City Council scheduled for July llth. On a motion by Stewart, seconded by Waite, that the matter of the application of the Advance Redi- .Mix Company be placed on the agenda of the regular meeting of July 18, 1960, and the applicant be notified. Motion. carried. Res. 4111 Resolution No. 111 of the City Planning Commission "RECOMMENDING OF ZONE CASE N0. 123" was read by the City Clerk. The City Planning Director at this time pointed out on the wall maps, theareas involved in the proposed zone change. On motion by Lambert, seconded by Stewart, a public hearing was ordered for Monday evening, June 20, 1960, at 8:00 o'clock P.M. or as soon thereafter as possible 4.. 223 Page #5 - Minutes, June 6, 1960. to hear opinions for and against the proposed change of zone, and the clerk was instructed to publish notice of said hearing in the Huntington Beach News. Motion carried. Mr. Les Potts Mr. Les Potts, 602 Yorktown St., Huntington Beach, addressed the Council at this time and expressed himself as being in favor of the proposed change. Mr. Phil Murphy Mr. Phil Murphy, 615 Yorktown St., Huntington Beach, addressed the Council and said that he also was in favor of the proposed change. City Attl Bauer City.Attorney Bauer at this point, explained to the gentlemen who had just addressed the Council that their comments at this time would have no effect on the matter, but that they should appear again before the Council at the time set for the public hearing when their approval — or protest would be registered. Bids for Paving and Re -Mayor Gisler announced that the bids surfacing of Streets on east side of town for the paving and resurfacing of various designated streets on the east side of the City of Huntington Beach received would be opened at this time in accordance with the time and date as per notice of bids, and instructed the Clerk to open the bids. The Clerk opened and read the bids which were tabulated as follows: Sully Miller Contracting Company $1.3,717.83 R. J. Noble Company . . . . . . . . . . $139374.89 On motion by Lambert, seconded by Waite, the bids as read by the City Clerk, were referred to the City Engineer for checking and report. Motion carried. Public Hearing - RE: Mayor Gisler announced that 8:00 o'clock Construction & Rental Yard -in R-4 Zone P.M. or as soon thereafter as possible on this day was the date set for the public hearing on an appeal from a decision of the City Planning Commission in the matter of operating a construction and rental yard in an R-4 Zone. 5. Page 'M - Minutes, June 6, 1960. The Clerk read Notice of Hearing as published in the Huntington Beach News May 26th, 1960, setting a hearing for 8:00 o'clock P.M. or as soon there- after as possible, on Monday, June 6th, 1960, for the purpose of considering an appeal from a decision of the Planning Com- mission of the City of Huntington Beach in the matter of denial of permission relating to the operation ofa construction and rental yard in an R-4 Zone on property described as follows: Lots 15, 17, and 19, and the southerly 16 feet of Lot 21, Block 215, Huntington Beach, California. Inez 1. Underhill & Co. - A communication from Inez I. Under - Appeal for Zone Chan -e hill and Company, by Otis C. Robertson, making the appeal to the Council, was read by the Clerk. Mrs. Sylvia Shandrick Mrs. Sylvia Shandrick, 228'k Main St., Huntington Beach, addressed the -Council and stated that she was in favor of upholding the Planning Commission decision because the matter had been protested before, and that a residential section is being developed in the area. Mrs_ Carl Robertson Mr. Carl Robertson of Costa Mesa, the party making the appeal, addressed the Council, stating that he had purchased the property and had cleaned it up, while neighboring property had not been cleaned up, and he felt this yard being located in that area would not detract from the surrounding property. - There -being no further comments, the hearing was declared closed by Mayor Gisler. Councilman Lambert Councilman Lambert stated that he felt that Mr. Robertson's request for variance was reasonable and that the property had been cleaned up.. He suggested that a variance might be granted with a time limit. . Planning Director Planning Director Clifford Tripp read from the minutes of the Planning Commission meeting of December 1st, 1959, the names of those who protested or ap- proved, both verbally and in writing, the request for variance fi . , 235 Page #7 - Minutes, June 6, 1960 by Inez Underhill and Company. Mrs. Shandrick Mrs. Shandrick again addressed the Council, stating that many of the people who protested at that Planning Commission meeting were not aware that the matter was being considered at this Council meeting. Councilman Wells Councilman Wells asked the applicant whether he would be interested in setting a time limit in granting a variance. Mr. Robertson Mr. Robertson informed Mr. Wells that he was sure that the prospective proprietor would not want it set for -much less than ten years. He stated that he did not feel, however, that the business would continue that long. Recess Mayor Gisler called a recess of the Council at 8:17 o'clock P.M. Reconvened The meeting was reconvened at 8:32 o'clock P.M. by the Mayor. On a motion by Stewart, seconded by Lambert, the applicant was granted a five year variance. Motion carried. City Administrator The City Administrator informed the Council that he had been notified by the City Engineer that the bids for the paving and resurfacing had been checked, and the bid of R. J. Noble Company was found to be correct, and recommended that the Council authorize the Mayor and Clerk to execute a contract. On motion by Lambert, seconded by Stewart, the bid of R. J. Noble Company for the paving and resutf- acing of various streets in Huntington Beadh was accepted; all other bids rejected; and the Mayor and City Clerk authorized to execute a contract with the accepted bidder. Motion carried. 7. 236 Page #8 - Minutes, June 6, 1960 Res..#'.112 Resolution No. 112, "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING ADOPTION OF A UNIFORM SETBACK ORDINANCE," was read by the Clerk. On motion by Waite, seconded by Lambert, the City Attorney was instructed to draw up a Uniform Setback Ordinance. Motion carried. Calif. Personnel`Board - The Clerk presented a contract RE: Examining Services between the California State Personnel Board and the City of Huntington Beach for con- tinuance of their examining services for the City during 1960-61. He informed the Council that this was a renewal of an existing contract and that there was no cost to the service unless it was used. On a motion by Lambert, seconded by Stewart, the Mayor and City Clerk were authorized to execute this contract with the State of California. Motion carried. Or.Co. & City of H.B. - The Clerk presented an agreement RE: Fire Protection Agreementbetween the County of Orange and the City of Huntington Beach to provide for fire protection in outlying areas of the City; such agreement being a proposal prepared by the City Administrator and Fire Chief for the City of Huntington Beach, and Ranger J. A. Scherman of the Orange County Fire Department, as authorized by City Council at their meeting of April 4, 1960. On a motion by Stewart, seconded by Wells, the Mayor and City Clerk were authorized to execute this agreement with the County of Orange. Motion carried. Oceanview School Dist. -RE: The Clerk, on request of Councilman R_egu_est for fire hydrants Stewart, presented a request from the Oceanview School District for three additional fire hy- drants in the following locations: S. 22'7 Page #9 - Minute, June 6, 1960 1. South side of Wintersburg Road on B Street. 2. South side of Wintersburg Road at Beach Blvd., 3. South side of Wintersburg Road at Nichols Street. On motion by Wells, seconded by Lambert, the City Engineer was authorized to make arrangements to have fire hydrants installed at the Wintersburg locations. Motion carried. Charles P. McKenzie -'RR: A request of Mr. Charles P. Recuest to purchase land McKenzie of Costa Mesa to purchase the City's undivided 5/50 interest iift Lot.B, Block 2603, East Side Villa Tract in Huntington Beach, deferred from meeting of May 23rd, 1960, was presented by the Clerk. Mr. McKenzie Mr. McKenzie addressed the Council and informed the members that the titles on this property had never been perfected, but he would like to purchase the land to clear up additional property which he owns. City__Att'y Bauer The City Attoxney reported that he, together with the City Administrator, had examined a title report of this property and that the titles were not clear. MR. Tim Talbert Mr. Tim Talbert, 525 Alabama Avenue, Huntington Beach., addressed the Council and informed them that he, as a realtor.,.had been working with Mr. McKenzie in the effort to acquire clear title to property in this area. He stated that vhey'had plans for development of the area, and that he felt the offer,which had been made was fair, and urged the Council to favorably consider same. Councilman Waite Councilman Waite stated that it seemed as though the City was receiving "second hand" the appraisals which they ordered to be made. Mr. McKenzie Mr. McKenzie said that he had requested Mr. Talbert to find out the amount of the appraisal, 9. 228 Page #10 - Minutes, June 6, 1960. and then submitted his check for that amount plus the appraisal charges, A motion was made by Waite, seconded by Stewart, that the City sell its undivided 5/50 interest in Lot B. Block 2603, Eastside Villa Tract to Mr. McKenzie for the sum of two hundred ($200) dollars. Motion carried. On a motion by Waite, seconded by Stewart, the Mayor and City Clerk were authorized to execute x the deed to this property to Mr. McKenzie. Motion carried. PE Railway & City of H.B.- The Clerk presented the matter of RE: Compromise Agreement the proposed compromise agreement between the Pacific Electric Railway Company and the City of Huntington Beach regarding condemnation of right of way. City Att'y Bauer The City Attorney informed the Council that each member had been given a copy of the proposed agreement to read, and asked that any questions regarding same be asked at this time. He said he didn't want Council to take the agreement as final, but suggested that they might approve the negotiations that have been made to date, together with future negotiations along the same line. On motion by Lambert, seconded by Stewart, the City Administrator and the City Attorney were authorized to pursue further negotiations in line with the pro- -posed agreement. Motion carried. First Reading-Ord� 769 The Clerk gave Ordinance No. 769 its first reading in full, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DECLARING AN EMERGENCY TO EXIST, AMENDING THE HUNTINGTON BEACH ORDINANCE CODE RELATING TO THE RULES AND REGULATIONS FOR THE USE OF THE CITY'S BEACH AND PIER FACILITIES." First Reading Ord. 9770 The Clerk gave Ordinance No. 770 its first reading in full, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADOPTING SECTIONAL DISTRICT MAP 1-6-11." 10. 237 Page #11 - Minutes, June 6, 1960 First Reading -Ord_ #771 The Clerk gave Ordinance No. 771 its first reading in full, "AN ORDINANCE OF THE CITY OF HUNT- INGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADOPTING SECTIONAL DISTRICT MAP 36-5-11." First Reath -Ord. #772 The Clerk gave Ordinance No. 772 its first reading in full, "AN ORDINANCE OF THE CITY OF HUNT- INGTON BEACH AMENDING THE HUNTINGTON BEACH'ORDINANCE CODE BY AMENDING SECTIONAL DISTRICT MAP 23-5-11." First Readin&-Ord.._#773 The Clerk gave Ordinance No. 773 its first reading in full, "AN ORDINANCE OF THE CITY OF HUNT- INGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONAL DISTRICT MAP 2-6-11." First Reading -Ord. #7-14 The Clerk gave Ordinance No. 774 its _first reading in full, "AN ORDINANCE OF THE CITY OF HUNT- INGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONAL DISTRICT MAP 19-6-10." First Readinn -Ord. #775 The Clerk gave Ordinance No. 775 its first reading in full, "AN ORDINANCE OF THE CITY OF HUNT- INGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADOPTING SECTIONAL DISTRICT MAP 14-5-11." First Readin.z.-.9rd. #776 The Clerk gave Ordinance No. 776 its first reading in full, "AN ORDINANCE OF THE CITY OF HUNT- INGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADOPTING SECTIONAL DISTRICT MAP 22-5-11." First Reading -turd: #777 The Clerk gave Ordinance No. 777 its first reading in full, "AN ORDINANCE OF THE CITY OF HUNT- INGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONAL DISTRICT MAP 21-5-11." The Clerk presented Ordinance No. 767, An emergency Ordinance relating to minimum lot sizes in the City of Huntington Beach, for second reading. Notice_of Informal_Hearinp- The Clerk read notice of informal hearing with the City Council meeting as a Committee of the Whole, said hearing held on May 31, 1960. 11. 2aS P aae #12 - Minutes, June 6, 1960 2nd Reading Ord. #767 -- On a motion by Stewart, seconded Tabled `6y Webs; tie C-1erk was ordered to withdraw the second reading of Ordinance No. 767 from the agenda, and it was tabled in- definitely. The motion passed by the following roll call vote: AYES:- Councilmen: Wells, Stewart, Gisler. - NOES: Councilmen: Lambert, Waite. ABSENT: Councilmen: None. On a motion by .Stewart, seconded by Wells, the matter of increasing minimum lot sizes from 6000. square feet to 7200 square feet was referred -to the City Plan- ning Commission for study, including a study of minimum square footage requirements for R-1 and R-2 Zones, to be reported back to Council. Motion carried. Res. #1423 The Clerk read Resolution No. 1423, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A REVISION OF THE MASTER PLAN OF STREETS, AND HIGHWAYS," in full. On a motion by Lambert, seconded by Stewart, Resolution No. 1423 was passed and adopted by the following roll call vote: AYES Councilmen: Wells, Lambert, Stewart, Waite, Gisler. NOES: Councilmen: None. ABSENT: Councilmen: None. Mr. Jack Randal Mr. Jack Randal of the Home Builders Association addressed the Council and asked whether, under the provisions of the motion which tabled far in.. indefinite period, the second reading of Ordinance No. 767, it could be placed before Council again without published notice thereof. City Attorney Bauer informed Mr. Randall that, according to the motion, the matter could be brought before Council at any time. Mr. Bauer further stated, however, that a second reading of an Ordinance could 12. 229 Page #13 - Minutes, June 6, 1960 not, in his opinion, be postponed indefinitely but only for a reasonable length of time; and what would constitute a reason- able length of time would be a matter on which opinions would differ. City Treas. - additional The City -Administrator informed the duties _ Council that a matter of assigning some additional duties to the City Treasurer had been discussed, and that he recommended '.".,that Mr. Clegg be put on the payroll as an Intermediate Account _ Clerk, part time, with an additional salary of ninety (90) dollars per month, Mr. Miller said it was felt that this would be m6m economical for the City than to hire additional help. On a motion byfiite, seconded by Lambert, Mr. Clegg was assigned additional duties as Inter- mediate Account Clerk; part time only, with additional salary not to exceed ninety (90) dollars per month. Motion carried. Install door - The City Administrator informed the Judge's Chamber & Rest Room, Council that he had a request from the Judge of the Municipal Court for a door to be installed between the Judge's Chamber and the rest room.' He presented a cost estimate from the City Engineer in the amount of one hundred fifty (150) dollars to perform the work. On a motion by Lambert, seconded by Waite-, the City Engineer was inst-ructed to proceed with the work of installing a door at the Municipal -Court Building. Motion carried. WOCWB reimbursed The Clerk, as Secretary of the West from General fund Orange County Water Board, presented &;request that the Countil authorized payment from the General Fund, two hundred seventy nine dollars and eight cents ($279.081 to reimburse the West Orange County Water Board for expendit made in behalf of the City of Huntington Beach. On a motion by Waite, seconded by Lambert, payment was authorized in the amount of two hundred seventy nine dollars and eight cents ($279.08) to the West Orange County Water Board. Motion carried. 0. 2 4 () Page ;f14 - Minutes, June 61 1960 Chief Lifeguard - A communication from the Chief Lifeguard Boat rescues Boat, . informing the Council of the hazards in- volved by his men while making personnel and boat rescues, and requesting a clarification of policy in performing duties of the Department, was read by the Clerk. After considerable discussion of this matter, a motion was made by Wells, seconded by Waite, that a Committee be appointed by the Mayor to investigate this matter and report to Council. Motion carried. Francis R Misko - An application for a business libense Billiard Hail _ from Francis R. Misko to operate a billiard hall at 117 Main Street, Huntington Beach, approved by City Department Heads, together with a letter giving all inform- ation required by Section S-5331, Art. 533 of the Huntington Beach Ordinance -Code pertaining to Pool and Billiard Halls, was read by the Clerk. On a motion by Waite, seconded by Stewart, the license for the pool hall was granted. Motion carried. Informal bids - Informal bids for a water tank to be Water Tank. .� installed on the Chevrolet truck chassis recently purchased, as follows ware read by the Clerk: Dearth Machinery Company ......................$ 2,576.47 Gar Wood Company ..............................$ 23,300.00 On a motion by Lambert, seconded by Stewart, the Purchasing Agent was authorized to purchase a water tank from the Gar Wood Company for the amount of $2,300.00 "plus sales tax. Motion carried. City Treas. - The City Clerk presented a communication Moneys due Cit,y from the City :.Treasurer presenting statements of moneys due the City which have been uncollectable to date, as fo l lows : Mr. Emmett Evans, 719 - 13th Street, H.B. - Sidewalk repairs $73.50 Mr. Wincell V. Cates, U.S.S. Boxer Replacement of ped- APA 230 FPO San Francisco, Calif. estrian sign $25.00 14. 241 Page P 15 - Minutes, dune 6, 1960 Mr. Michael Morrison Bal. due on damage 402 Springfield St., H.B. to City Property $ 17.50 On a motion by Waite, seconded by Stewart, the City Attorney was authorized to make effort to collect the bills, and if necessary to file suit against the parties involved. Motion carried. Petition - A petition for Public Improvement, Public Improvements "A" & "B" Streets requesting the construction of sewers on "All and "B" Streets, Wintersburg Avenue and Beach Boulevard l all in the Ocean View Area, with work to be done under the 111911 Improvement Act" and waiving all proceedings under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", circulated by Mr. William C. Reigle, 17112 "A" Street, Huntington Beach, and containing signatures of Pity three property owners in the area, was read by the Clerk. On a motion by Wells, seconded by Waite, the petition was referred to the City Administrator and the City Engineer for study, to be reported to Council at their) next regular meeting, June 20, 1960, Motion carried - Council- mand Stewart abstained from voting. Clerk served with The Clerk notified the Council that Alternative Writ of Mandate - Lease Agreemit he had been served with -an Alternative Writ of Mandate by the Superior Court of the State of Calif- ornia in and for the County of Orange enjoining him, together with the Mayor, to sign a Lease Agreement between the City of Huntington Beach as Lessor, and Richard Sinclair, H. Jack Hanna and J. A. McNeil Company, Inc. as Lessee, The Clerk informed Council that his was the service they had authorized him to accept on behalf of the City at a pravious meeting. Clerk served with summons - Nancy Doreen Hidalgo, The Clerk notified the Council that he 1 had been served, on behkif of the City of Huntington Beach, with a Summons by the Superior Court of the State of California in and for the County of Orange, directing him,-. to appear in an action brought by Nancy Doreen Hidalgo, a Minor, by Robert Hidalgo, Her Guardian Ad Litem, '15 . 242 Page # 16 - 1,1inutes , June 6, 1960 Plaintiff, vs the State of California, the City of Huntington Beach., .'California, Doe 1, Doe II, Doe III, Doe IV, Doe V. The Clerk informed Council that the City's insurance carrier had been notified of this action ; furnished the original of the Summons and informed that, since the property involved was not in the City Limits of Huntington Beach, he felt the City had no entity in this case. On a motion by Lambert, seconded by Stewart, the Matter of the suit of Nancy Doreen Hidalgo was referred to the City Attorney and the City's insurance carrier. Motion carried. Warrants The Clerk presented the warrants for payment. Counc4llmman Wells Councilman Wells, as a member of the Finance Committee, informed the Council that he had discovered a mistake of one thousand dollars in Warrant No. 1530. He also stated that he believed the procedure being used by the City in the payment of demands was illegal, due to the fact that each demand should be certified as to accuracy and availability of funds :by affidavit of the Officer submitting the demands, quoting Title 4, Div. 3, Chapt. 4, Art. 1, Sect. 37202 of the Govern- ment Code. Councilman Lambert Councilman Lambert asked whether that would involve a sworn statement or affidavit for each demand. City �ittorney The City Attorney informed the Council that the law had been revised and that a certification of the Officer as prescribed in the Government Code was acceptable in lieu of a sworn statement. On motion by Stewart seconded by Waite, payment of all demands presented except No. 1530 was authorized subject to the approval and signature of Councilman Wells as a member of the Finance Committee, Motion carried. Air. Fred Hermann The City Administrator informed the Re:.2urchase City Lots Council that Mr. Fred Hermann was in the audience and that they had held a conference regarding the 16. 243 Page #17 - Minutes, June 6, 1960 lots Mr. Hermann is trying to purchase from the City. Mr. Miller stated that he had investi.gattd and the title to the lots Nos. 2 and 4 is still clouded, partly by a homestead filed on this property by Mr. Hermann. The Administrator recommended that the City try to work out an offer to sell these lots either on the basis of an appraisal -made a few years ago or by having another appraisal made, giving Mr. Hermann first option onthe purchase. Mr. Hermann Mr. Hermann, 408 Fifteenth Street, Huntington Beach, addressed the Council, stating that he had made a study at the County Tax Assessor's Office with the thought of making an offer of an amount equal to the offer made by him some years ago plus any taxes accrued to date, for a total of five hundred and forty-seven dollars. City Attorney The City Attorney read a preliminary report from the Orange County.Title Company, No. 295275-8, dated May 18, 19553, in which it was indicated that at the date of recordation Mr. & Mrs. Hermann had no record interest in the property, nor have they since acquired any interest therein to date. Councilman Wells Councilman Wells suggested that the matter be studied further by the Administrator and Attorney, and by Mr. Hermann. The City Administrator informed the Council that.Mr. Joe Long, a subdivider, was in the audience and would like to speak to the Council concerning a problem with , a tract. Mr. Joe LoZz Mr. Joe Long addressed the Council and informed them that he had a tract which he wanted to pre- sent to Council, No. 3788, but had been too late in filing to get this tract on the evening's agenda. He explained that he had certain escrow committments to make which .:could not be met: if the matter was not acted on at this meeting, and which would involve a loss of considerable money to him., if he failed to get approval for this tract. 17. =1 244 Page ,z S - Plin.utes, June 6, 1960 The City Administrator informed the Council that he felt an exception should be made in this case to the required time limitations of the Planning Commission, and consideration given to the acceptance of this tract. Final Adoption of The Clerk read the letter of transmittal Tract M, L No. 37 8.8 from the Huntington Beach Planning Comm- ission to the Honorable City Council, relative to Final Adoption of Tract Map No. 3788, submitting final form of Tract Map No. 37882, Developer, Coordinated Service, Engineer, Millet &.King Assoc. of 201 S. Pomona Ave., Fullerton, California; Location of tract, 130 feet north of Smeltzer Avenue and east of Bolsa Chica Road. Legal description, Portion of the W k of the SW of Section 16, T.S.S., R.II.W., SBB & M. Number of lots 154, total acreage 31.77, and that the map has been certified by the City Engineer and the Planning Director to be true and correct in accordance with the approved Tentative Tract Map and in accordance with provisions of the City Subdivision Code, The City Council may accept dedications -as shown on the map and in addition approve the final map subject to the following condi- tions: The City Clerk's signature shall be witheld pending the submittal and completion of the enumerated requirements: 1. Deposit of fees for water, sewer, engineering, and inspections. 2. Bond for improvements. 3. Signature of agreement. On a motion by Wells, seconded by Lambert, Final Tract Map No. 3788 be approved to the conditions recommended by the Planning Co fission, :anrl*%read--bye to = Zity CY12-kk and also subject to release by the Planning Director and the City Engineer. Motion carried. Councilman_.•~aite Councilman Waite at this point, asked whether any conclusions had been reached by the City Administrator in his study of the possibilities of additional beach concessions. Councilman Lambert Councilman Lambert suggested that perhaps this matter hinged on the solution of the Driftwood Inn suit against the City. 18. 245 Page #19 - Minutes, June 6, 1960 City Attorney_ The City Attorney informed the Council that the suit had been filed and a hearing set and that he would be representing the City in this action. He said the case trauld be continued to a later date, or.perhaps an immed- iate decision might be forthcoming from the Court. City Administrator The City Administrator informed the Council, that he felt there was a massive overall problem in connection with the beach, and perhaps a Master Plan for development should be considered. Councilman__Stewart Councilman Stewart requested consid- eration be given to the City's employment of a firm or individ- ual to assist the City in promoting industrial development. He felt that some method 'should be adopted to entice industry to located in Huntington Beach. On a motion by Stewart, seconded by Wells, the City Administrator be instructed to investigate the procuring of an Industrial Development Agency to further business in the community, Wand report to Council in the near future. Motion carried. On a motion by Wells, -seconded by Stewart, the regular meeting of the City Council of the City of Huntington Beach adjourned. Motion carried. ATTEST: City Clerk City Clerk and eW-offic10 Clerk of the City Council of the City of Huntington Beach, California T :fie GI. Mayor 19.