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HomeMy WebLinkAbout1960-07-05MINUTES Council Chamber, City Hail Huntington Beach, California Tuesday, July 5, 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. present in the Chamber.. The Pledge of Allegiance was given by all The Invocation was offered by Father Deady of St. Simon and Jude Catholic Church. Reports Report of the Department Heads for the Engineering, Fire, Lifeguard, Building and Recreation Departments, and the Trailer Park, Treasurer and Treasurer Collector were read by the Clerk. On motion by Lambert, seconded by Stewart, the reports of the Department Heads be received and filed. Motion carried, Fund Transfers The Clerk read a communication from the City Treasurer indicating fund transfers which had been made by him on June 30th, 1960, to reimburse the general fund, and request- ing Council to confirm the transfers. On motion by Lambert, seconded by Waite, the fund transfers to reimburse the General Fund made by the City Treasurer be confirmed. Motion carried. Chamber of Commerce - A communication from the Huntington Beach Exhibit at Or._C_o. Fair Chamber of Commerce regarding an exhibit to be placed at the Orange County Fair to advertise and publicize the City of Huntington Beach, and requesting authority to place the exhibit using budgeted funds, was read by the Clerk. On motion by Lambert, seconded by Waite, the Chamber of Commerce be authorized to arrange the exhibit at the Orange County Fair, using funds previously budgeted for that purpose. Motion carried. 1. 291 Page #2 - Minutes, July S, 1960 -Mrs. Everett d'Dowe - The Clerk read a communication from dust around her premises Mrs. Everett O'Dowd, 203 Nashville Street, City, protesting the amount of dust around her pre- mises caused by the City hauling dirt into the area to mix with oil for street purposes. On motion by Stewart, seconded by Wells, the protest be referred to the City Administrator and the City Engineer for study and report. Motion carried. March of DimesCampai_gn _ A communication from the National Foundation for the March of Dimes, requesting a permit to conduct their annual campaign, and asking that the City author- ize a proclamation in connection with the campaign, was read by the Clerk. On motion by Waite, seconded by Stewart, that January, 1961 be designated as "March of Dimes" month, and that the National Foundation be granted a permit to conduct their campaign with fees waived, subject to solici— tors registering with the Police Department. Motion carried. L.A. County Fair - The Clerk read a communication from permission to hang the Los Angeles County Fair Associa- tion requewting the Council's permission to hang advertising banners on City Streets announcing the dates of the Los Angeles County Fair, September 16 through October 2. On motion by Waite, seconded by Lambert, the Los Angeles FAir Association be granted permission) to hang banners on the City streets beginning September 9th, 1960, with a certificate of insurance being filed to save the City harmless in case of liability. Motion carried. Home Builders Assoc.- A communication from the Home Builders Lot Size Problem _ Association of Los Angeles., Orange and Ventura Counties, commending the Council for their action regarding the mini taimz: lot size problem. On motion by Stewart, seconded by Waite, the communication from the Home Builders Association be received and filed. Motion carried. 292 Page f3 - Minutes, July 5, 1960 Activate Plan Planting Communications from Mrs. S. Partlow, Trees on Main St. T Orville S. Butler, Security First Nat- ional Bank, and California Bank, urging the Council to activate the plan of locating trees along Main Street for beautification, were read by the Clerk. On motion by Stewart, seconded by Lambert, the communications regarding tree planting be received and filed. Motion carried. Public Hearing - Mayor Gisler opened the Public Hearing Weed Abatement at 7:45 o'clock P.M. for the City Coun- cil to hear objections of the property owners, shown on the partial list of weed and rubbish abatement charges for the year 1960 as posted at the outside entrance to the Council Chambers in accord- ance with the Government Code, Chapter 13, Article 3, State of California, to the weed abatement charges as listed thereon. There being no objections filed, either orally or verbally, the Mayor declared the hearing closed. On motion by Stewart, seconded by Wells, the weed and rubbish abatement charges covering the partial list as posted at the entrance to the Council Chamber be confirmed, and any charges listed thereon not paid by August 1, 1960 be certified to the County Auditor for inclusion on the 1960-1961 tax roll. Motion carried. Cite Administrator - The City Administrator informed the LTLr 0 177 Council that there might be someone in the audience who would;7wish to speak on the Use Variance No. 177 which had been granted by the Council. Mr,,.__ R.a Tpadn Elliott Mr. Raymond Elliott, 404 Ninth Street, City, addressed the Council and asked to present people in the audience who had signed the petition of protest to the variance, which was received by Council after their action had been taken. Mrs. Pauline..McDowel.l Mrs. Pauline McDowell, 624 Fifteenth Street, City, informed the Council that she would have signed the petition which had been presented, but was out of town at the time. 3. 293 Page #4 - Minutes, July 5, 1960 Mrs. Leroy Hermann Mrs. Leroy Hermann, 416 Fifteenth Street, City, informed the Council that she had not signed the petition, but would have, had it been brought to her attention. Mr ,,.._E11 io t t Mr. Elliott again addressed the Council,I stating that property owners in the Fifteenth Street area were trying to develop that area as a residential section and felt that Council should cooperate by keeping out commercial esta- blishments. He stated that the area before the advent of the oil industry, had been a high class residential district, and that he thought it could be restored as such. Mr. Elliott requested, on behalf of the property owners represented, that the Council reconsider their action in the granting of this Variance. Mrs. Doris Brown Mrs. Doris Brown of Huntington Beach addressed the Council, stating that the property in question was directly behind her property, and protested the granting of the variance. Mrs Louise M. Jenkins Mrs. Louise M. Jenkins, 320 Fourteenth Street, City, filed a, protest to the variance which had been granted. She informed Council that lots were being sold in the area for the building of nice homes, and a rental yard would detract fwom the value. Mrs. Leroy Hermann Mrs. Leroy Hermann again addressed the Council, stating that they had not seen the notice of the hearing regarding the granting of the variance, or they would have been present to register a strong protest. Mrs Dee Cannaaav Mr. Dee Cannaday, 8191 Sterling Street, City, addressed the Council, stating that he felt that areas such as this should be kept for residential purposes because the area was in a good locAtion and not far from the beach. Mr�..Marti.n Weirman Mr. Martin Weirman, 909 Delaware Avenue,l City, addressed the Council, stating that he felt the City should clarify the situation regarding property which it owns, on which they had been accused of not keeping up. 4. 2 A Fa- e 10 - 14inutes, July 5, 1960 Nrs Sylvia Shandrick Mrs. Sylvia Shandrick, 228� Main Street, City, addressed the Council, stating that she was protesting, along with many other people, the variance which had been granted. Councilman Waite Councilman Waite asked Mrs. Jenkins where the City property was located, that ate feels is in a run down condition. Firs. Jenkins Mrs. Jenkins informed Councilman Waite that it was in the three hundred block on Fourteenth Street, near Olive Street, and was a bad place for children playing in the area. t.ir. Elliott Mr. Elliott informed the Council that he identified the lot as a 40 foot lot comprising Lot No. 6 and part of Lot No. 8 in block 314. Recess Mayor Gisler called a recess of the Council at 8:12 o'clock P.M. ::econvenecl Council was reconvened at 8: 27 o'clock P.M. by the Mayor. A motion was made by Wells seconded by Waite, that Variance UV#177 be rescinded and stricken from the records. City A uorney Bauer At this point, City Attorney Bauer inform- ed Councilmen Wells and Waite that he believed it might be better for the Council to set a public hearing to reconsider the action taken in regard to granting the Variance. Councilman �,aite & Coun- Councilman Waite withdrew his second, and cil mini ,,ells withdraw motion . e Councilman Wells withdrew the motion that Variance UV-##177 be rescinded and stricken from the records. PtColi.c iiearini set for On motion by Wells, seconded by Waite, recons i cierat ion Of Council - UV#177 a public hearing be set for July 18th, 1960, at 8:00 o'clock P.M. or as soon thereafter as possible, for reconsideration of Council action in the granting of Use Variance.#177, and instructing the City Clerk to publish notice of same in the Huntington Beach News, and to notify all signers of protest petitions in the matter and all protestors who appeared before the City Planning Commission at their hearing on the Vari- ance, and the applicants, by postcard or letter, of the public hearing. Motion carried 5. 11 Pac,e ;r`6 -- Minutes, July 5, 1960 Lr. Paul Butcher - Dust Dr. Paul Butcher, Vetenarian from & Dirt Blowing ' Utica Street, City, addressed the Council to complain about the dust and dirt created by an oil well which blew up in that vicinity. City, Enpinee_r The City Engineer informed Mr. Butcher that H& did not believe the City had any right to perform clean-up operations on private property, and said he thought it would be up to the well operators or their insurance com- panies to take care of this matter. Councilman Waite Councilman Waite informed the Council that he had checked the situation under discussion, and that Utica Street between Delaware and Beach Boulevard had been reduced to a fine.dust. He said he thought some method might be used to wet this dust and eliminate most of it. On motion by Stewart, seconded by Wells, the matter of controlling the dust on Utica Street was referred to the City Administrator to be channeled to the proper Department Heads. Notion carried. Mr. W'jilliam Gallagher- Mr. William Gallagher, 5152 Smeltzer Sewage Pump Road, City, addressed the Council, and informed them that a sewage pump across the road from his property was fenced with a high wire fence which was un- sightly, and in his opinion was a menace for children playing in the area. He asked whether the fence could be removed, and a metal enclosure provided with a door to go down into it. City Engineer The City Engineer informed the Coun- cil that this matter had been discussed before and that the method being used was the only one which the Sanitation District would consider. t-.rs. Galla her Mrs. Gallagher of 5152 Smeltzer Road, City, told the Council that she thought a,different type of enclosure could be used which would provide more safety and could be made to look better. Engineer The Engineer explained that in former consideration of the matter, the possibility of 6. 296 Pape #7 - Minutes, July 5, 1960 locating the access to the pump in the street itself with some sort of cover for it, had been proposed, but the Sanitation Dis- trict decided it would not be feasible. On motion by Stewart, seconded by Waite, the matter was referred to the City Administrator to be taken up with Sanitation District No. 11. Motion carried. Clean-uD Eond Terminated The Clerk read a communication from the U-Tex 01_1GoM2aDy City Engineer stating that an inspection of the location of U-Tex Oil Company well Little #3 had been made and it was found all requirements of the clean-up ordinance had been complied with. The Engineer recommended that the Clean-up bond should be terminated. On motion by Waite, seconded by Wells, the Central Surety and Insurance Corporation Bond No. 31-46-69, filed by the U-Tex Oil Company, be terminated in accordance with Section 2449.1 of the Huntington Beach Ordinance Code, and the owners notified. Motion carried. DV#146 The Clerk read a transmittal from the Huntington Beach Planning Commission recommending approval of a division of land designated DV#146 to allow a Lot split for Lot 7, Block 113, Tract 522, making each parcel 57� feet x 120.27 feet - location : North of Heil Avenue and approximately 920 feet West of Beach Blvd. with condition of the posting of a surety or cash bond in the amount of $230.00 with the City Clerk to guarantee installation of curbs and gutters. On motion by Stewart, seconded by Lam- bert'. DV#146 be granted subject to condition recommended by the Planning Commission. Motion carried. Abandonment of alley A letter of transmittal from the Hunt - BIT,: "A" Tract 445 ington Beach Planning Commission recom- mending approval of a request for abandonment of alley within Block "A", Tract 445; Location: 290 feet south of Talbert Avenue on east side of Gothard Street; Legal Description: That portion of alley abutting Lots 49 through 56, Block.."A", Tract 445 on the west side, and Lots 57 and 77, Block "A", Tract 445 on the east side, was read by the Clerk 7. 29i L Page #8 - Ninutes, July 5, 1960 Reso . - #1426 - Resolution No. 1426 "A RESOLUTION Vacate Alle_y_, City Council of the --OF INTENTION OF THE/CITY OF HUNTINGTON BEACH -TO VACATE A PORTION OF AN ALLEY IN SAID CITY, AND GIVING NOTICE OF A HEARING ON SAID PROPOSED VACATION." was read by the Clerk. On motion by Lambert, seconded by Wells, Resolution No. 1426, as read by the City Clerk, was adopted on the following roll call vote: AYES: Councilmen: Wells, Lambert, Stewart, Waite, Gisler. NOES: Councilmen: None. ABSENT: Councilmen: None. Crd.. No. 780 - The Clerk gave Ordinance No. 780 a 2nd Readin second reading by title, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A BUDGET FOR THE CITY OF HUNTINGTON BEACH FOR THE FISCAL YEAR 1960-1961." On motion by Waite, seconded by Wells, Ordinance No. 780 was passed and adopted by the following roll call vote: AYES: Councilmen: Wells, Lambert, Stewart, Waite, Gisler. NOES: Councilmen: None. ABSENT: Councilmen: None. Bids - 4;_�ter Main Mayor Gisler announced that the bids Extension - Talbert Avenue for the water main extension on Talbert Avenue which had been 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: Cala Construction..-... ............. 17,498.01 Card Construction ............................... 179933.40 L. L. Dobkins................................... 19,847.40 Engineering Contractors, Inca .................... 199957.32 Garnier Construction Co .......................... 189281.57 Kennedy Pipe & Supply Co ......................... 18,271.14 y4l Pipeline Construction Co ................... 18,582.96 8. 1298 PaPye 7#9 - Minutes, July 5, 1960 Leo Weiler Co.......... ................. .....$ 19,263.84 J.E. Young Pipe Line Construction Co........... 189420.98 Rosecrans Construction Co ...................... 16,790.14 On motion by Lambert, seconded by Waite, the bids as read by the City Clerk be referred to the City Engineer and Administrative Officer for study and report. Motion carried. Public Hearin; Mayor Gisler announced that at 8:00 Northeast r2 Annexation o'clock P.M., or as soon thereafter as possible on this day, was the time and date set for a public hearing to receive protests on the "Northeast #2 Annexation" and requested the Clerk to read the legal notice. The Clerk read the Legal Notice published in the Huntington Beach News on May 26th and June 2nd, 1960 of Resolution No. 1421, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF HUNTINGTON BEACH OF THAT CERTAIN UNINHABITED TERRI- TORY DESCRIBED THEREIN AND DESIGNATED AS "NORTHEAST NO. 2" ANNEXATION, AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF .PROTESTS THERETO" and said hearing set for 8:00 o'clock.P.M. or as soon thereafter as possible, July 5, 1960. The Clerk reported that no written. protests had been filed on the proposed"Northeast No. 2 Annexa- t ion*' . Mr. Bernard Solomon Mr. Bernard Solomon, 3970 Atlantic Ave., Long Beach, appeared before the Council, requesting that the annexation be made. Mr. euben Dobkin Mr. Reuben Dobkin, 18211 Newland Avenue, City, addressed the Council and protested the proposed annexation because of the drainage problem involved..._ There being no further oral or written protests filed, Mayor Gisler declared the hearing closed. City Clerk's The Clerk read the City Clerk's certifi- Certification cation that .there are less than 12 regist- ered voters.residing within the boundaries of the territory as described in the petition for -"Northeast No. 2 Annexation" and that 9. 299 Page #10 - Minutes, July 5, 1960 an examination of the County Assessors records shows that the property owners whose names are affixed to the petition lepre- sent over two-thirds (2/3) of the total value of the territory included in the annexation, and they have consented to the taxa- tion of the property in said annexation equally with the pro- perty within the City of Huntington Beach, to pay the entire bonded indebtedness of_the City of Huntington Beach, outstand- ing or authorized at the date of the filing of the Petition for Annexation for the acquisition, construction or completion of municipal improvements. Ore. No. 784 - The Clerk gave Ordinance No. 784 its 1st Reading._ -' first reading in full, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED NORTHEAST NO.2 TO THE CITY OF HUNTINGTON BEACH." Bids - Vehicles The Clerk read bids for Uehi.cles which had been presented by the City Purchasing Agent as follow-1 s: 1. (1) 1960 - 6 cy1. Carryall truck for Engineering Department i a. Mandic Motors - (Dodge) Not Available b. Mask Downing - (Ford) No Bid c. Williams Chevrolet - (Chevrolet) $ 2,569.04 d. Main Street Garage - (International) $ 2,182,88- With Sales Tax to be added to all bids. On motion by Lambert, seconded by Stewart, the City Purchasing Agent be authorized to purchase one (1) 6 cylinder carryall truck from the Main Street Garage for $2,182.88 plus State Sales Tax. Motion carried. 2. (2) 1960 - 6 cyl. Pickup trucks for Engineering Inspec- tion and Street Foreman Departments a. Main Street Garage - (International)-$ 1,926.50 ea. b. Williams Chevrolet - (Chevrolet) 2,169.89 ea. 10. 1300 Page #11 - Minutes, July 5, 1960 c. Mark Downing Ford - (Ford) $ 2,100.00 ea. d. Mandic Motors - (Dodge) No bid with State Sales Tax to be added to all bids. On motion by Lambert, seconded by Wells, the City Purchasing Agent be authorized to purchase two (2) 6 cylinder pickup trucks from the Main Street Garage for $3,853.00 plus State Sales Tax. Motion carried. 3. (3) 1960 - Compact cars for Building Department Inspectors a. Marking Downing Ford - (Falcons) $ 5,625.00 total b. Main Street Garage - (Rambler 5,017.90 total Americans) c. Williams Chevrolet - (Corvairs) 6,031.32 total d. Mandic Motors - (Valiants) 5,479.62 total with State Sales Tax to be added to all bids. On motion by Stewart, seconded by Lambert, the City Purchasing Agent be authorized to purchase three (3) 6 cylinder Rambler Americans from the Main Street Garage for $5,017.90 plus State Sales Tax. Motion carried. Final Adoption - The Clerk read a letter of transmittal Tract rtan r... 3752 _ from the Huntington Beach Planning 1 ' Commission to the Honorable City Council relative to Final Adopt- ion of Tract Map No. 3752, submitting final form of Tract Map No. 3752; Developer - Par Homes, Inc. (Doyle & Shields) 831 So. Manchester, Anaheim, California; Location - 760 feet east of Bolsa Chica Road on north side of Heil Avenue; Legal Description - Portion of the S ' of the NA Section 21, T.S.S., R.11.W., SBB & M; Number of Lots - 81; Total Acreage 16.204; and that the map had 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 all provisions of the City Sub- division Code. The City Council may accept dedications as shown on the map and in addition approve the final map subject to the following conditions: The City Clerk's signature shall be withheld pending the submittal and completion of the enumerated requirements: 11. 301 Page R2 - Minutes, July 5, 1960 1. Deposit of fees for water, sewer, engineering, and inspections. 2. Bond for improvements. 3. Signature of agreement. On motion by Waite, seconded by Lam- bert, Final Tract Map No. 3752 be approved subject to the conditions as recommended by. ;the Planning Commission and read by the City Clerk. Motion darried. Final Adoption The Clerk read a letter of transmittal Tract Map No. 3508 from the Huntington Beach Planning Commission to the Honorable City Council relative to Final Adoption of Tract Map No. 3508; submitting final form of Tract Map No. 3508; Developer - Graham Estates, Inc. (Doyle & Shields )„ 831 So. Manchester, Anaheim, California; Location NW corner of Graham Street and Heil Avenue; Legal Description; Portion of the S k of the NW k Section 21, T.5.S., R.11.W., SBB & M; Number of Lots - 88; Acreage 19.038; and that the map i had 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 fo l lowing conditions: The City Clerk's signature shall be withheld pending the submittal and completion of the enumerated requirements: 1. Deposit of fees for water, sewer, engineering, and inspections. 2. Bonds for improvements. 3. Signature of agreement. On motion by Lambert, seconded by Stewart, Final Tract Map No. 3508 be approved subject to the conditions as recommended by the Planning Commission and read by the City Clerk. Motion carried. 12. 302 Pale yk13 - Minutes, July 5, 1960 Final Adoption - The Clerk read a letter of transmittal Tract rlakj 3753 from'the Huntington Beach Planning Commission to the Honorable City'Council relative to the Final Adoption of Tract Map No. 3753, submitting final form of Tract Map No. 3753; Developer - Golf Estates, Inc. (Doyle & Shields) 831 So. Manchester, Anaheim, California; Location - 800 feet west of Graham Street on the north side of Heil Avenue; Legal Description - Portion of the S � of the NW k Section 21, T.5.5., R,11.W., SBB & M; Number of Lots - 100; Total Acreage - 20.830; and that the map had 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 conditions: The City Clerk's signature shall be withheld 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 motion by Waite, seconded by Lambert, Final Tract Map No. 3753 be approved subject to the conditions as recommended by the Planning Commission and read by the City Clerk. Motion carried. Recess The Mayor called a recess of the Council at 9:10 o'clock P.M. Reconvened Council was again called to order at 9:29 o'clock P.M. Ord. No'. 781 - The Clerk gave Ordinance No. 781 its lst reading first reading in full,,;"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDIN- ANCE CODE BY AMENDING SECTIONAL DISTRICT 14AP 2-$-11." 13. 303 Page 4`11- - Minutes, July 5, 1960 Ord, No. 782 - The Clerk gave Ordinance No. 782 its 1st reading first reading in full, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADOPTING SECTIONAL DISTRICT MAP 15-5-11.11 Ord. No. 783 .. The Clerk gave Ordinance No. 783 its Lst...readi_ngw first reading in full, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADOPTING SECTIONAL DISTRICT MAP 10-5-11." Quitclaim Deed - A Quitclaim Deed whereby the City of H . B. Com_p anv . Huntington Beach quitclaims to the Huntington Beach Company the following described property in the City of Huntington Beach, County of Orange, State of California: "A parcel of land, situated in the City of Hunt- ington_Beach, County of Oearhge, State of California, in the Southwest k of the Northeast k of Section 14, Township 6 South, Range 11 West, in the Rancho Las Bolsas, as per map recorded in Book 51, Page'14 of Miscellaneous Maps, in the office of the Recorder of said County, being all that portion of that cert.�in 80 foot strip of land Second described in deed to S.P.R.R. Co., recorded on December 20, 1905 in Book 123, Page 96 of Deeds, in the office of the Recorder, bounded on the north by the northerly line of said southwest and bounded on the south by the northerly line of the land described in deed to the City of Huntington Beach, recorded on October 7, 1931 in Book 506, Page 448 of Deeds, in the office of said Recorder." City Attorney The City Attorney explained to the Council that the property covered by this deed was held jointly by the City of Huntington Beach and the Southern Pacific Railway Company, and quoted from exerpts of the minutes of the Council meeting of September 8, 1959, indicating that the Council at that time had agreed informally to go along with the Railway Company in the sale of the property to the Huntington to - Beach Company, with proceeds/be divided between the City and the Railway Company on a fifty-fifty basis. On motion by Stewart, seconded by Waite, the Mayor and the City Clerk were directed to execute 14. 304 Pale #15 - Mincitcs, July 5, 1960 the quitclaim deed on behalf of the City. Motion carried, On motion by Stewart, seconded by Waite, the Clerk be directed to forward the deed to the Title Insurance and Trust Company in Santa Ana, California on Escrow No. 276956, to be held and used by them for their purpose when they remit to the City the sum of three thousand nine hundred dollars ($3,900.00) less the Ci.ty's Proportionate share of the escrow charges on the sale of this specific piece of property to the Huntington Beach Company. Motion carried. City Administrator - The City Administrator presented a Bid Water Nain to Rosecrans onstr.Co. memorandum from the City Engineer James R. Wheeler recommending that the low bid of the Rosecrans Construction Company in the amount of $16,790.14 for the install- ation of the water line on Talbert Avenue be accepted. On motion by Stewart, seconded by Waite, the bid of the Rosecrans Construction Company in the amount of sixteen thousand seven hundred ninety dolloars and fourteen cents M, 6,790.14) for the installation of the water line on Talbert Avenue be accepted, and the Mayor and City Clerk be authorized to execute a contract with this Company. Motion carried. On motion by Lambert, all other bids were to be rejected. Following discussion by the City Attorney, the motion was withdrawn. Proposal for constr. The City Administrator presented a of -.mor. to Flood Control Channe1-C-4 _ communication from the City Engineer presenting a proposal for the construction of an improvement to flood control channel C-4 together with a new highway bridge, with the County participating in the amount of $102,000.00; the developers in the amount of approximately $50,000.00, and the City of Huntington Beach being required to participate in an amount of approximately $32,500.00. He presented an agreement between the City and the County, together with checks from the Subdividers in the amount of $49,519.40; recommending that the City enter into the agreement with the County and accept the money from the 15. 305 Page #16 - Minutes, July 5, 1960 subdividers and transfer it to the County of Orange in accord - ante with the agreement. Execute Agreement -. On motion by Waite, seconded by C-4 Channel Additional Drainage Stewart, the Mayor and City Clerk be authorized to execute the agreement with the County of Orange for the construction of additional drainage in the C-4 Channel. Motion carried. Deposit accepted - On motion by Lambert, seconded by Doyle & Shielic,s & Con-Tech_B1dgs. Waite, the deposit from Doyle & Shields and Con -Tech Builders be accepted by the City and the transfer of these funds to the County of Orange in accordance with the agreement be authorized. Motion carried. Or. Co. Bd. The City Administrator presented a of Supervisors - Council to appoint communication from the Orange County membe-F to' Coutittee Board of Supervisors, requesting the City Council to appoint a member of its body to. meet with a Committee in establishing a precise alignment of the Coastal Highway. Councilman 4vells - Mayor Gisler appointed Councilman Apgainted . Wells to represent the City of Hunt- ington Beach and meet with this Committee at a time and place to be designated later. 3 options - Radio A proposal with three different Maint. - Engr. Dept. options for Radio Maintenance in the Engineering Department was presented by the City Administrator for the Council's consideration. He informed the Council that it was the recommendation of the City Engineer that Option "A" be accepted. Iotorola Option On motion by Stewart, seconded by "A" Acctp,t-,qd Lambert, the Purchasing Agent was authorized to accept Option "A" with the Motorola Company for the repair and maintenance of radio equipment in the Engineer- ing and Lifeguard Departments. Motion carried. lb. 30, Page #17 ---li.nutes, July 5, 1960 City rxttorney Bauer - City Attorney Bauer informed the Council Driftwood inn Suit. ` that a partial hearing had been held in the Driftwood inn Suit, testing the legality of a lease, and that the case presented to Judge Gardner had some parallels to a Garden Grove case which the Judge had recently heard. Mr., Bauer said that there was certain factual data and conclusions which the Council might agree to let hint stipulate, which would shorten procedures somewhat and eliminate the necessity of calling wit- nesses to establish in this case. On motion by Waite, seconded by Lambert, the City Attorney be authorized to stipulate to the facts as stipulate to the facts as'presented by him to the Council. Notion carried. On motion by Stewart, seconded by Lambert, that the present City Council febls that the proposed lease relating to the "Driftwood Inn" is just and favorable, was prompted by the necessities of the situation, and in its nature is advantageous to the City of Huntington B-each, and the City Attorney be authorized to so stipulate in court. Motion carried. Pacific Electric Co.-- The City Administrator informed the «pnraiser - Right of Wav Fropert-y Council that the Pacific Electric Co. had informed him they were desirous of securing an appraiser to set values on the right of way property being negotiated bet- ween the Railway Company and the City. He stated that they had proposed Mr. John N. Sayer as the appraiser, to be employed for approximately $4,500.00, with conference or court time to be paid additionally at $25.00 per hour, and that the City's por- tion of the fee would be in proportion to the part the City enters into. On motion by Stewart, seconded by Lambert, the City join with the Pacific Electric Company and the other entities involved, in hiring Mr. John N. Sayer as appraiser. Motion carried. 17. 307 Page #18 - Ntinutes, July -5, 1960 Ten Foot Easement to The City Administrator explained that So. Calif. Ec.i.son Co. for Power Line to in order for the City to get a power New Reservoir '^ line into the new reservoir, it would be necessary for them to grant a ten foot easement to the Southern California Edison Company. He presented an easement deed covering the affected territory. On motion by Lambert, seconded by Stewart, the Mayor and City Clerk be authorized to execute the easement deed to the Southern California Edison Company covering a right of way at the new reservoir site. Motion carried. Appeal - Cr. Co. The matter of an appeal by the Orange llijsic Go. - CpL atJ_n- License _ Y- County Music Company on the rate for the 1959-60 operating license which had been brought before Council at a previous meeting, was again presented by the City Administrator. He informed the Council that they had not paid their license fee for that period, and that the new Ordinance on Licenses required a considerably reduced fee for the year 1960-61. After some discussion by the Council, on a motion by Waite, seconded by Wells, the Orange County Music Company be charged the same amount for their 1959-60 license as they will be required to pay for their 1960-61 license. Motion carried. Benches A request made by a Mrs. Gentry of 4,�; je placed near Pavalon — Huntington Beach and other senior citizens of the City, for benches to be provided near the Pavalon Building at the pier, was conveyed to the Council by the City Administrator. On motion by Lambert, seconded by Waite, the matter of benches at the pier be referred to the City Administrator and Engineer for study and report to the Council. Motion carried. County of Orange - A proposal from the County of Orange Dn�- Control in reference to dog control was mentioned by the Administrator, who requested that action on the matter be deferred to a later date. 18. 308 Pa,�,;e #19 - Hinutes, July 5, 1960 r,e�ional eater Pollution The City Administrator read a commun- Contro 1 Boarc! #8 - lWaste Water_Problems . ication from Regional Water Pollution Control Board No. 8 commending the Engineering Department and Mr. Cy Williams for the elimination of all waste water problems except one, Demands On motion by Wells, seconded by Waite, the demands as approved by the Finance Committee, be paid. Motion carried. , On motion by Wells, seconded by Lambert, the regular meeting of the City Council of the City of Huntington Beach adjourned to Monday, July Llth, 1960 at 7:00_o'clock A.M. Motion carried. ATTEST: GAD - City Cler City Clerk and icio Clerk of the City Council of the City of Huntington Beach, California `' TI F . (7 Mayor 19.