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HomeMy WebLinkAbout1961-10-02MINUTES Council Chambers, City Hall Huntington Beach, California Monday, October 2, 1961 Mayor Gisler called the regular meeting of the City Council, of the City of Huntington Beach to order at 7:30 o'clock P.M. The Pledge of Allegiance was given by all present in the Council Chambers. Councilmen Present: Wells, Lambert, Stewart, Waite, Gisler Councilmen Absent: None Dept. Reports On motion by Lambert, seconded by Stewart, Received & Filed the report from the City Treasurer, Collect- or, Building Director, Engineer, Life Guard Chief, Fire Chief and Parking Lot Manager for the month of September, 1961 was received and ordered filed. Motion carried. Halloween Party On motion by Waite, seconded by Wells, the Memorial Hall Huntington Beach Rotary Club was granted per- mission to use Memorial Hall for their Annual Childrens' Halloween Party on October 31st, 1961 with fees waived. Motion carried. Girl Scouts Request On motion by Stewart, seconded by Wells, the To Sell Calendars Santiago Girl Scout Council were granted approval for a Girl Scout Calendar sale to be conducted in the City from November 3rd to the 18th, 1961. Motion carried. ,j AV #314 The dlerk presented a letter from Mr. James Setback Consideration F. Dean of Pacific Sands, appealing the dec- ision of the City Planning Commission on Area Variance #314 regarding 8392 Munster Drive, Lot #33, Tract #3595 pertaining to rear setback on patio already built for Council consideration. The Clerk read a transmittal from the City Planning Commission reporting on their study of this case and their reasons for denying the Area Variance. Councilman Waite stated that he felt there should be a complete re- vision of the setback Ordinance made to correct some inequities which seem to be apparent. -1- (10-2-61) 7 Page #2 - Minutes, October 2, 1961 AV #314 - Granted On motion by Waite, seconded by Wells, Council upheld the appeal of Mr. Dean and directed the Planning Department to grant AV #314. Motion carried. Future Variance A motion was made by Stewart that the Planning Commission be directed to grant any variance or setback in the future. Future Variance Tabled A motion was made by Wells, seconded by Waite that a motion to grant any variance or setback be tabled in- definately. Motion carried. LaMirada Reso. The Clerk presented a letter from the City No. 61-150 "Fallout Shelters" of LaMirada transmitting a copy of their Resolution No. 61-150 requesting the State Board of Equalization, the County Assessor and the Internal Revenue Service to investigate and establish tax benefit to persons who construct "fallout shelt- ers", for Council consideration. City Atty. to On motion by Waite, seconded by Wells, Prepare Reso. the City Attorney was directed to prepare a similar Resolution for consideration by the Council. Motion carried. "Fallout Shelters". A letter from Orange Coast College regard- O.C.C. ing possible City cooperation in the dev- elopment of "fallout shelters" at the college campuses by sharing the cost of construction, was presented to the Council for consid- eration. Ref, to City Admin. On motion by Lambert, seconded by Stewart, & Asst. C.D.D. the request from the Board of Orange Coast College was referred to the City Administrator and the Assistant Director of Civil Defense for study and report to the Council. Motion carried. Mr. Robert Hosmer When requested by Councilman Wells, the Letter to Editor Clerk read a "Letter to the Editor" from Mr. Robert Hosmer, 2172 Sixth Street, Huntington Beach, regarding Driftwood Inn construction, as published in the Huntington Beach News. -2- (10-2-61) Page #3 - Minutes, October 2, 1961 Public Hearing Mayor Gisler announced that this was the day Reso. #201 and hour set for a public hearing on Resolut- ion #201 of the City Planning Commission, recommending approval of Zone Case #201, and -requested the Clerk to read the legal notice. The Clerk read notice of public hearing on Zone. Case #201, as published in the Huntington Beach News, September 21st, 1961, setting the hour of 7:30 o'clock P.M., or as soon there- after as possible on Monday, the 2nd day of October, 1961, in the Council Chambers of the City Hall, Huntington Beach, California, as the time and place for a public hearing for the purpose of consider- ing a petition for change of zone, relative to proposed change of district boundry and use classification from: M-2-0 Industrial Dis- trict to: R-2-0 Two Family Residence District, combined with oil, and R-3-0 Limited Multiple Family District, combined with oil, on property located South of Quincy Avenue, North of Memphis Avenue and between Lake and Delaware Street. Councilman Wells Councilman Wells requested permission to ab- Vacated Seat stain from consideration of this zone case due to an interest in property within the area covered by the zone case, vacated his seat at the Council table and left the Chambers. Hearing Opened The hearing was declared open by Mayor Gisler. The Clerk read transmittal from the City Planning Director, together with Resolution #201 of the City Planning Commission, and informed the Council that he had received no written protests to the zone change. Planning Director Planning Director Warner pointed out the Warner area involved in this zone case on a map. Hearing Closed There being no protests filed, either oral or written, against Zone Case #201, Mayor Gisler declared the hearing closed. -3- (10-2-61) 3 Page #4 - Minutes, October 2, 1961 Zone Case #201 On motion by Waite, seconded by Stewart, Approved Council approved the recommendation of the City Planning Commission on Zone Case #201, and directed the City Attorney to prepare an Ordinance covering same. Motion carried. Councilman Wells Councilman Wells resumed his seat at the Resumes Seat Council table. Public Hearing Mayor Gisler announced that this was the Reso. #212 day and hour set for a public hearing on Resolution #212 of the City Planning Commission, recommending approval of Zone Case #212, and requested the Clerk to read the legal notice. The Clerk read notice of public hearing on Zone Case #212, as published in the Huntington Beach News, September 21st, 1961, setting the hour of 7:30 o'clock P.M., or as soon there- after as possible, on Monday, the 2nd day of October, 1961, in the Council Chambers of the City Hall, Huntington Beach, California, as the time and place for a public hearing for the purpose of consider- ing a petition for a change of zone from: M-1-X Light Industrial District, as adopted by Interim Ordinance #668 to: M-1 Light Industrial District, R-5 Professional Offices, Motels, Hotels and Trailer Parks, R-3 Limited Multiple Family Residence District, R-1 Single Family Residence District, and R-2 Two Family Residence District, on property located generally between Clay Street and a point North of Warner Avenue and between a line East of Goldenwest Street and a line West of Beach Boulevard. Hearing Opened The hearing was declared open by Mayor Gisler. The Clerk read a transmittal from the City Planning Director, together with Resolution #212 of the City Planning Commission, and informed the Council that he had received no written protests to the zone change. -4- (10-2-61) 10 Page #5 - Minutes, October 2, 1961 Planning Director Planning Director Warner pointed out the area Warner involved in this zone case on a map. Hearing Closed There being no protests filed, either oral or written, against Zone Case #212, Mayor Gisler declared the hearing closed. Zone Case #212 On motion by Lambert, seconded by Wells, Approved Council approved the recommendation.of the City Planning Commission on Zone Case #212, and directed the City Attorney to prepare an Ordinance covering same. Motion carried. Public Hearing Mayor Gisler announced that this was the day DV #154 and hour set for a public hearing on Division of Land #156, and requested the Clerk to read the transmittal from the Planning Commission. The Clerk then read a letter from the City Planning Commission transmitting a request for Division of Land #156 - Petitioner: Dawson and Wood, Costa Mesa, California; to allow a division of land into4 three separate parcels as follows: Parcel #1 - 70 feet by 150 feet, Parcel #2 - 115 feet by 150 feet, Parcel #3 - 115 filet by 150 feet; said property being located at the Northeast corner of Utica and Florida Streets. The Clerk informed the Council that publica- tion of this hearing had been unnecessary, but that the hearing had been set for 7:30 o'clock P.M., or as soon thereafter as possible, on Monday, the 2nd day of October, 1961, in the Council Chambers of the City Hall, Huntington Beach, California, as the time and place to consider the petition for this division of land. Hearing Opened Mayor Gisler declared the hearing open. The Clerk reported that he had received no written protests on Division of Land #156. Hearing Closed There being no protests filed, either oral or written, the hearing was closed by the Mayor. -5- (10-2-61) Ii Page #6 - :'-Minutes, October 2, 1961 DV #156 On motion by Lambert, seconded by Stewart, Approved the Council approved the division of land, with conditions as stipulated by the City Planning Commission. Motion carried. Public Hearing On motion by Waite, seconded by Wells, Ordered - Reso. #213 Council directed that a public hearing be held on Resolution #213 of the City Planning Commission on Monday, October 16th, 1961, at 7:30 o'clock P.M., or as soon thereafter as possible, and directed the Clerk to publish notice of same. Motion carried, Public Hearing On motion by Lambert, seconded by Stewart, Ordered - Reso. #1056 Council directed that a public hearing be held on Resolution #1056 of the City Planning Commission, recommend- ing approval of an amendment to the Master Plan of Land Use "Huntington Harbour", on Monday, October 16th, 1961 at 7:30 o'clock P.M., or as soon thereafter as possible, and directed the Clerk to publish notice of same. Motion carried. DV #155 The Clerk presented a transmittal from the City Planning Commission regarding conditional exception DV #155 - Petitioner: Myrle M. Tooker, 8161 Ellis Avenue, Huntington Beach, California; to allow the division of land into two individual parcels on property located North of Ellis Avenue and East of LaPalma Street, with conditions as stipulated by the Planning Commission. DV #155 - Approved On motion by Lambert, seconded by We115, Council approved Division of Land #155, with conditions stipulated by the Planning Commission. Motion carried. -6- (10-2-61) 12 Page #7 - Minutes, October 2, 1961 Tract Map #3894 The Clerk presented a transmittal from the Final Adoption City Planning Director, submitting final form of Tract Map #3894 for adoption; Developer: Essex Company - George R. Sant, Huntington Beach, California; Engineer: Millet, King and Associates, Fullerton, California; Location: Approximately 698,98 feet South of Bolsa Avenue and East of Edwards; Legal Description: Being a sub -division of a portion of the N.E. k of Section 15-5-11 S.B.B. & M; Number of Lots: 83; Total Acreage: 16.978; that the map had been certified by the City Engineer and the Planning Direct- or 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 with- held pending the submittal and completion on the enumerated requirements: 1. Deposit of fees for water, sewer, drainage, engineering and in- spection. 2. Bond for improvements. 3. Signature of agreement. 4. Certificate of insurance. 5. Approval of county surveyer. Tract Map #3894 On motion by Waite, seconded by Stewart, Adopted final Tract Map #3894 was adopted, subject to compliance with conditions stipulated by the Planning Commission. Motion carried. Study The Clerk presented a letter from City Plan - "Fallout Shelters" ning Commission, together with a report from the Planning Director, on a study of the location of "fallout shelt- ers", requested by the Council at the meeting of September 18th, 1961. -7- (10-2-61) 13 Page #8 - Minutes, October 2, 1961 Planning Commission Following some discussion by the Council, Recom. Accepted a motion was made by Stewart, seconded by Lambert that the Council accept the recommendations of the Planning Commission regarding the location of "fallout shelters". Motion carried. Building and On motion by Stewart, seconded by Lambert, Variance Fees Waived the Building Department and Planning Dep- artment were authorized to waive building permit fees and use var- iance fees for the construction of "fallout shelters". Motion carried. Fire Dept. Truck Purchasing agent Brander Castle reported Bids Presented to the Council that bids received on a Fire Department truck, which had been referred to him at the meet- ing of September 18th, 1961 have been studied, and that the low. bid of the Main Street Garage for an International truck did not meet the specifications stipulated in the call for bid. The Purch- asing agent recommended that the Council accept the bid -of Mel Burnes Ford Agency of Long Beach, the second low bidder, in the. amountof $3,991.74, including sales tax. Purchase of Truck On motion by Lambert, seconded by Stewart, Authorized the Purchasing Agent was directed to pur- chase the truck for the Fire Department from the Mel Burnes Ford Agency of Long Beach, for the total price of $3,991.74, including sales tax. Motion carried. Police Patrol Car Informal bids for two police patrol cars Bids Presented for the Police Department, to include the trade-in of one 1960 four -door Dodge Dart, were presented by the Purchasing Agent, as follows: 1. L. D. Coffing - Santa Ana, Dodge, total bid, $3,625.92, plus sales tax. 2. Mandic Motors - Huntington Beach, Plymouth., $3,645.56, plus sales tax. 3. Groth Chevrolet - Huntingtbn Beach, Chevrolet, $3,924.94, plus sales tax. 4. Mark Downing Ford - Huntington Beach, no bid. -8- (10-2-61) , -14 Page f9 - Minutes, October 2, 1961 The Purchasing Agent informed the Council that the one percent sales tax, which would be returned to the City on the purchase of any cars from Huntington Beach dealers, would make the bid of Mandic Motors the low bid. Purch. Agent Autho. A motion was made by Waite, seconded by Wells, To Purch. 2 Police Cars that the Purchasing Agent be directed to pur- chase two police special sedans, from Mandic Motors of Huntington Beach, for the total price of $3,645.56, plus sales tax, less trade- in of one 1960 four -door Dodge Dart. Motion carried. Detective Unit Informal bids for the purchase of one 1962 Car Bids standard four -door sedan for the Detective Unit of the Police Department were presented by the Purchasing Agent, as follows: 1. L. B. Coffing - Santa Ana, Dodge, total price, $2,216.29, plus sales tax. 2. Mandic Motors - Huntington Beach, Plymouth, $2,212.61, plus sales tax. 3. Groth Chevrolet - Huntington Beach, Chevrolet, $2,159.86, plus. sales tax. 4. Main Street Garage - Huntington Beach, Rambler, $2,135.00, plus sales tax. Purch. Agent Autho. to On motion by Stewart, seconded by Waite, Purch. 1 Std. Car the Purchasing Agent was directed to purch- ase one Rambler, 1962, standard four -door sedan from Main Street Garage, for the Detective Unit of the Police Department, at a total price of $2,135.00, plus sales tax. Motion carried. -9- (10-2-61) 15 Page #10 - Minutes, October 2, 1961 Sewer Bids City Engineer 'Wheeler reported that the Reviewed bids which have been received for the construction and installation of sanitary sewers in Slater Avenue, at the intersection with Beach Boulevard, had been opened at the morning informal meeting of the Council on October 2nd, 1961, and were presented as follows: 1. Staler, Inc. - Orange, California, total bid, $9$01.60. 2. Mesa Pipeline and Supply, Inc. - Huntington Beach, total bid, Mr. Wheeler stated that he had reviewed the bids and found they were all too high in comparison with the Engineer's estimate, and recommended that all bids be rejected and _the Clerk be instructed to return the bid bonds to the bidders. Sewer Bids Rejected On motion by Waite, seconded by Stewart, the Council rejected all bids received for the construction and installation of sanitary sewers in Slater Avenue, at the Intersect- ion of Beach Boulevard, and directed the Clerk to return the bid bonds to the bidders. Motion carried. Council Recessed Mayor Gisler called a recess of the Council at 8:29 o'clock P.M. Council Reconvened Council was reconvened at 8:39 o'clock F.M. by the Mayor. Tract #3670 - Bonds A transmittal from the Engineering Depart- ment of an agreement in lieu of bonds for Tract #3670, (William Lyon) was presented for Council consideration. City Engineer Wheeler explained to the Council the procedure involved in the use of an agreement in lieu of bond by the City. Agreement On motion by Lambert, seconded by Stewart, Authorized. Council authorized the Mayor and City Clerk to execute the agreement in lieu of bonds on behalf of the City. Motion carried. -10- (10-2-61) 16 Page #11 - Minutes, October 2, 1961 Tract #4051 - Bonds & On motion by Waite, seconded by Lambert, Coun- Agreement Accepted cil accepted the Subdivision bond and agree- ment for Tract #4051 (S. V. Hunsaker); directed that the bond be received and ordered filed, and that the Mayor and City Clerk be authorized to execute the agreement on behalf of the City. Motion carried. Monument Bone On motion by Wells, seconded by Waite, Tract #4051 Accepter Council accepted a Monument bond for Tract #4051 (S. V. Hunsaker) and ordered same filed. Motion carried. Improvements Accepted On motion by Stewart, seconded by Lambert, Tract #4064 Council accepted improvements dedicated for public use on Tract #4064 (John Murdy, Jr.). Motion carried. Water Right Deeds Acc. On motion by Lambert, seconded by Stewart, Tracts 3815,4192,4193 & 4194 Council accepted the water rights deeds for Tract Nos. 3815, 4192, 4193 and 4194 (R. C. Werbel) and directed the Clerk to record same with the County Recorder of ^range County. Motion carried. Lester A. Middleton A request from City Engineer Wheeler for Vacation Days for Illness Council permission for Mr. Lester A. Middle- ton to use accumulated vacation days which would not be authorized until December 31st, 1961, to compensate for time off during illness, was presented to the Council for consideration. Use of Vacation Days On motion by Lambert, seconded by Wells, Authorized the Payroll Department was authorized to apply accumulated vacation days due Mr. Lester Middleton on January 1st, 1961, against time off for illness. Motion carried. Preliminary Title Rep. A preliminary Title Report in connection Freeway Industrial Pk. with the purchase of land by the City from Freeway Industrial Park was presented for Council consideration. -11- (10-2-61) Page #12 - Minutes, October 2, 1961 Preliminary Title Rep. On motion by Lambert, seconded by,Waite, Authorized the Mayor and the Clerk were authorized to execute the preliminary Title Report, subject to approval of the City Attorney, and the City Treasurer was directed to issue a check to the Orange County Title Company in the amount of $20,000.0 from the Capital Outlay Fund. Motion carried. Mrs. Cora C. Nelson On motion by Waite, seconded by Stewart, Quit Claim Deed a Quit Claim Deed from Mrs. Cora C. Nelson to the City of Huntington Beach, for property connected with the proposed acquisition of Fire Station site at Warner Ave- nue and Nichols Street, was accepted by the� Council -and the Clerk directed to record same with the County Recorder of Orange County. Motion carried. James R. Wheeler On motion by Lambert, seconded by Stewart, Appointed City Engineer James R. Wheeler be appoint- ed as Street Superintendent effective October 2nd, 1961. Motion carried. James F. McKay to On motion by Stewart, seconded by Waite, Attend Conference Mr. James F. McKay, Water Superintendent, was authorized to attend the 42nd Annual Conference of the American Water Works Association in Sacramento from October 24th thru 27th, 1961, with reasonable expenses allowed. Motion carried. Kenneth R. Hall The Clerk presented a claim against the Iniury Claim City made by Mr. Kenneth R. Hall, 8322 Hayes Street, City, a postal carrier, for damages in the amount of $5,000.00 for injuries sustained in stepping from the curb on Eleventh Street, in the City. Claim Denied On motion by Lambert, seconded by Waite, the claim of Mr. Kenneth R. Hall against the City was denied and referred to the City Attorney and the City's insurance carrier. Motion carried. -12- (10-2-61) NO Page #13 - Minutes, October 2, 1961 United States Day On motion by Wells, seconded by Stewart, the Authorized Mayor was authorized to declare October 23rd, 1961 as "UNITED STATES DAY" and issue a proclaimation to that effect. Motion carried. ,4 Water Dept. - Pressure A communication from the City Engineer, trans Reauiation Inspection mitting plans for two pressure regulation Ah installations to be constructed on the Water Department's transmission lines entering the City at its Northerly limits was presented for Council consideration. Pressure Reg. Instal. A motion was made by Stewart, seconded by Passed by Vote Lambert, that the Council finds the work can be accomplished more economically by force account, with a saving on materials and supplies, and recommends approval of the project by unanimous vote -- cost not to exceed $15,000.00. The motion was passed by the following roll call vote: Ayes: Councilmen: Wells, Lambert, Stewart, Waite, Gisler Noes: Councilmen: None Absent: Councilmen: None The vote was unanimous. Public Library A second agreement modifying lease between Lease Modif. the County of Orange and the City of Hunt- ington Beach for rental of Municipal Court building, to allow use of a portion of the Public Library for Court purposes and setting a rate therefore, was presented for Council consideration. Rental Approved On motion by Waite, seconded by Wells, the second agreement modifying lease between the County of Orange and the City for rental of a portion of the City Library building for use for Municipal Court purposes, was approved with the deletion of sections covering the supplying of furnishings by the City, and the Mayor and City Clerk were authorized to execute same on behalf of the City. Motion carried. -13- (10-2-61)_ 9 Page #14 - Minutes, October 2, 1961 Mrs. Lulu Deering A lease between Mrs. Lulu Deering and the Tram Service City for operation of the Tram service on the Municipal Pier and adjoining areas was presented for Council consideration. Lease Approved On motion by Lambert, seconded by Waite, Council approved the lease as presented and authorized the Mayor and City Clerk to execute same on behalf of the City. Motion carried. Clerk to Publish On motion by Stewart, seconded by Wells, Summary Stmt. the City Clerk be directed to publish a. summary statement of cash receipts and disbursements for the year ending June 30th, 1961, with a notation that detailed information supplementing same is on file in the office of the City Clerk; and that the Clerk be directed to prepare his annual report in book form. Motion carried. Revised Ord. Code On motion by Lambert, seconded by Waite, Charges the City Clerk be directed to issue copies of the Huntington Beach Ordinance Code when requested by the public at a charge of $25.00 per copy, to include supplemental service to the following December 31st; to issue copies of the Planning Section of said code at a charge of $10.00 per copy, to include supplemental service to the following December 31st; to make charges for renewal supplemental services for the complete Ordin- ance Code of $5.00 per year, and for the Planning Section only, of $2.50 per year; and to waive charges for various governmental agencies at his discretion. Motion carried. Ord. Code #870 The Clerk gave Ordinance #870 a second Second Reading reading by title, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO ZONE CASES NOS. 1962 2055 208 and 210; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY RECLASS- IFYING CERTAIN PROPERTY AND AMENDING SECTIONS 9211.46 (SECTIONAL DISTRICT MAP (35-5-11), SECTION 9211.47 (SECTIONAL DISTRICT MAP 36-5-11), SECTION 9211.42 (SECTIONAL DISTRICT MAP 26-5-11) AND SECTION 9211.4 (SECTIONAL DISTRICT MAP 24-5-10.4' -14- (10-2-61) 4� Page #15 - Minutes, October 2, 1961 Councilman Lambert - Councilman Lambert requested permission to Abstains from Consider- ation & Voting abstain from consideration and voting on this Ordinance because of interest in property covered by Zone cases in- cluded in the Ordinance, and left his seat at the Council table. Ord. #870 Adopted On motion by Stewart, seconded by Waite, Ordinance #870 was passed and adopted by the following roll call vote: Ayes: Councilmen: Wells, Stewart, Waite, Gisler Noes: Councilmen: None Absent: Councilmen: None Not Voting: Councilmen: Lambert Councilman Lambert Councilman Lambert then returned to his seat Re -occupied Seat at the Council table. Ord. #871 - The Clerk gave Ordinance #371 a second reading Second Reading by title, "AN ORDINANCE OF THE CITY OF HUNT- INGTON BEACH AMENDING SECTIONS OF ARTICLE 158 AND 159 OF THE HUNTING - TON BEACH ORDINANCE CODE RELATING TO SALARY RANGE AND CLASS TITLES." Ord. #871 On motion by Waite, seconded by Lambert, Adopted Ordinance #871 was passed and adopted by the following roll call vote: Ayes: Councilmen:- Wells, Lambert, Stewart, Waite, Gisler Noes: Councilmen: None Absent: Councilmen: None Ord. #872 The Clerk gave Ordinance #872 a first reading First Reading; in full, "AN ORDINANCE OF THE CITY OF HUNT- INGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 6172.2 and 6172.3 THEREOF PERTAINING TO PRIMA FACIE -SPEED LIMIT ON GOTHARD STREET." Ord. #873 The Clerk gave Ordinance #873 a first read - First Reading ing in full, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO HOME OCCUPATIONS AND AMENDING THE HUNT- INGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9200.4 AND 9312.5" -15- (10-2-61) 21 Page #16 - Minutes, October 2, 1961 Reso. #1519 The Clerk read Resolution No. 1519 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'HUNTINGTON BEACH, CALIFORNIA, DESIGNATING CITY OFFICIALS RESPONSIBLE FOR THE PREPAR- ATION AND APPROVAL OF THE ANNUAL STREET REPORT." ^eso. #1519 Adopted On motion by Lambert, seconded by Stewart, Resolution #1519 was passed and adopted by the following roll call vote: Ayes: Councilmen: Wells, Lambert, Stewart, Waite, Gisler Noes: Councilmen: None Absent: Councilmen: None Reso. #1520 The Clerk read Resolution #1520 - " A RESOLUTION OF THE CITY OF HUNTINGTON BEACH URGING COMPLIANCE WITH THE ORDER OF THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CAL- IFORNIA REQUIRING METERING OF WATER UTILITIES DISTRIBUTING WATER FOR DOMESTIC OR MUNICIPAL PURPOSES WITHIN THE AREA OF THE ORANGE COUNTY WATER DISTRICT." Reso. #1520 Adopted On motion by Lambert, seconded by Waite, Resolution #1520 was passed and adopted by the following roll call vote: Ayes: Councilmen: Wells, Lambert, Stewart, Waite, Gisler Noes: None Absent: None Civil Defense Program The City Administrator reported that he, `'tudied together with the Fire Chief, had made a study of the amount of funds felt needed to start the Civil Defense Program. He stated that after consideration, they felt that suffic• ient funds should be allocated to include the hiring, on a part-time basis, of an assistant Civil Defense Director, and that they rec- ommended that Council authorize an allocation of $4,400.00 for supplies and salary. Civil Defense Funds A motion was made by Lambert, seconded by Appropriated Waite, that the sum of $4,400.00 be ap- propriated for the Civil Defense Program, to be transfered from the Reserved for Contingencies Fund. Motion carried. -16- (10-2-61) 22 Page #17 - Minutes, October 2, 1961 Admin. to mploy A motion was made by Lambert, seconded by Asst. Dir. of C. D. Stewart, that the Administrator and Assist- ant Civil Defense Director proceed to employ some person to work as Assistant Director of Civilian Defense on a part-time basis, at a salary of $200.00 per month, with final selection to be approved by the Council. Motion carried. City Admin. Autho. to Locate Temp. Fire Stat?_on A motion was made by Stewart, seconded by Lambert that the City Administrator be authorized to try to locate property for a temporary Fire Station in the vicinity of Springdale Street. Motion carried. Rec. & Library Depts The Administrator reported to the Council Pay Increase that the Ordinance Authorizing Increases in pay to all employees of the City had not included personnel employed by the Recreation and Library Departments. He informed the Council that these employees had been included in the amount proposed to be needed in the financing of this project. Increase Autho. On motion by Waite, seconded by Stewart, employees of the Recreation and Library Departments be granted a one-step increase, in line with other increases granted by the Council. Motion carried. Atty Leonard Moody Mr. Leonard D. Moody, 124 Tustin Avenue, Addressed Council re/Robidoux Newport Beach, Attorney representing Mr. Howard Robidoux, Patrolman in the Police Department, addressed the Council. Mr. Moody informed the Council that he felt an injustice had been done several years back when Mr. Robidoux was demoted from the rank of Captain in the Police Department to the rank of Patrolman, following an election in which Mr. Robidoux was a can- didate for the office of Chief of Police. Mr. Moody stated that he felt the Council had an obligation to rectify this action and re- quested that consideration be given to restoring Mr. Robidoux to the position of Captain in the Police Department, and that he be paid the difference in pay between the two positions for the time he held the position of Patrolman. -17- (10-2-61) 23 Page #18 - Minutes, October 2, 1961 City Administrator Miller recommended that the position of the Council should be that the action taken by the Council in 1958 was in order and that this Council should not re- enter the case. Attorney Moody was asked by.Councilman Wells whether he felt that if the adjustment were not made, a suit would be entered on behalf of Mr. Robidoux, and Mr. Moody stated that he thought it would be quite possible. City Attorney Bauer informed the Council that at the time the matter came up, personnel matters were con- trolled by the Charter; subsequently, personnel'Ordinarices and Resolutions were adopted under which the City is now operating. He stated that if this Council feels a review should be made, it shouli be tested by Court action. Mr. Bauer informed the Council that he did not believe they could safely re -instate, or pay back salary, without the possibility of it being questioned legally. He further stated that if Council feels there is sufficient to warrant that this should be pursued further, they may so direct the Attorney to make a study to see Just what could be done. Mr. Bauer said that investigation might be made by Mr. Robidoux, or by the Attorney on behalf of the City, on the procedures of the State Retirement System covering allowance under certain conditions of the make-up of back payment, or fill in of lapses of employment, so an employee can retire on the highest rank or salary, whichever the circumstance might be. He informed the Council that since Mr. Moody has stated that Mr. Robidoux's major concern is retirement, it might be well to see what, if any- thing, Retirement rules and regulations might permit without taking the matter into Court, or,other action of the Council. Referred to On motion by Wells, seconded by Stewart, City Attorney the case of Mr. Robidoux was referred to the City Attorney to check with the Retirement Board and report at the next meeting. Motion carried. -18- (10-2-61) 24 Page #19 - Minutes, October 2, 1961 Chief Wright addresses Chief of Police Wright addressed the Council Council re`(Pol.Training and explained that the program for training Police Officers, which had been approved by the Council sometime previous, provided for a penalty assessment of a certain percentage of all fines collected to be taken for the Peace Officers Standards and Training Fund. He informed the Council that he had received a check from the Peace Officers Association as reimbursement for one- half of the salary of two City Police Officers and turned the same over to the City Auditor. Plans for Prop. Freeway Plans for a proposed freeway construction, Construction Presented together with a right-of-way contract be- tween the State Highway Department and the City were presented for consideration of the Council by the City Administrator. He inform- ed the Council that the contract seemed to be in order, except for a sum of $40,000.00 which they were asking for a certain parcei of property located in the area therewith. Freeway Design Following some discussion by the Council, a Approved motion was made by. -Wells, seconded by Stewart, that the Council approve the design of the proposed freeway and negotiate on the amount of payment requested in connection with the contract, and that the Administrator and Attorney check the record and get an appraisal of that particular piece of property. Motion carried. Frank Gillespie The City Administrator informed the Council Claim that Mr. Frank Gillespie, an employee who retired on the 30th day of September, 1961, had presented a claim to him; that in 1955 when he was employed, he had worked in Step A a year instead of .six,months, and -that he thought the City owed him back salary in the amount of $1,095.55. Mr. Miller stated that upon checking the records, he found that Mr. Gillespie was employed in February, 1955, and did work on a temporary hourly basis for about a year before going to Step B. However, in July of 1955, he was pro- moted to the position of Truck'Driver at an increased rate, which again put him into Step A for that position. -19- (10-2-61) 25 Page #20 - Minutes, October 2, 1961 Mr. Miller stated that it has always been the prerogative of the Department Head, and a requirement of the Personnel Code that an employee be recommended for advancement to the next higher step by his Department Head, before he secures same. Mr. Miller informed the Council that he wanted them to know that they may possibly have a claim in this matter, even to the extent of having an attorney present the case for Mr. Gillespie. W.Orange Co. Water On motion by Lambert, seconded by Waite, Board Fund - Reimb. Approved Council authorized the reimbursement of West Orange County Water Board Fund for the City's portion for August 1961, in the amount of $3,222.93. Motion carried. iiinutes Approved On motion by Stewart, seconded by Lambert, Sept. 18th,, 26th3 1961 minutes of the meetings of September 18th and 20th, 1961, and the correction to the minutes of September 5th, 1961, page 11, were approved as transcribed and mailed. Motion carried. Payroll Register On a motion by Wells, seconded by Waite, Approved Sept.25,1961 ,Council approved the Payroll Register for September 25, 1961 on recommendation of the Finance Committee. Motion carried. Warrant Register- On motion by Waite, seconded by Wells, the Approved Warrant Register was approved on recommend- ation of the Finance Committee. Motion carried, r Request - Councilman Stewart requested permission to Councilman Stewart be out of the state at the time of the meeting of October 16th, 1961. Permission Granted On motion by Wells, seconded by Stewart, Councilman Stewart was granted permission to be out of the state on October 16th, 1961. Motion carried. -20- (10-2-61) 26 Page #21- Minutes, October 2, 1961 City Attorney Bauer City Attorney Bauer informed the Council that Appointed Judge - Council to Apot New Attv.he had received and had accepted an appoint- ment as Municipal Judge for the Huntington Beach -Seal Beach Municipal Court from Governor Brown and that the appointment had been officially confirmed. Mr. Bauer informed the Council that it was his desire to cooperate with the City in this matter as far as possible and that he had endeavored to make arrangements whereby he could serve as'City Attorney until October 18th, 1961, in order to give the Council some time to select a successor. He informed the Council that it would become their duty to appoint an attorney to serve as City Attorney until the next election, which would be in April, 1962. Request to Cut Main St. Councilman Waite informed the Council that For Trees the trees the merchants were placing in front of their places of business on Main Street in an effort to beautify the street were presently in wooden containers, and when watered cause discoloration of the sidewalk. He asked that the Council consider a request to cut the sidewalk at the various places, and set the trees into the ground, so that they might be a permanent fixture. Sidewalk Cutting On motion by Waite, seconded by Gisler, the Arranp-ed Engineer be authorized to arrange for the cutting of the sidewalk in front of the business places on Main Street requesting such action, in order to plant trees. Motion carried. Pacific Sands Tract Councilman Waite informed the Council that Celebration the merchants were endeavoring to hold a celebration honoring the residents of the Pacific Sands Tract as a new part of the City, and requested permission to hold a parade of 1962 cars and set up a reviewing stand in front of the first of sev- eral special events which would be held to hon tithe various tracts within the City. Parade to be Held On motion by Waite, seconded by Wells, the October 5. 1961 - merchants were granted permission to hold a parade on Thursday, October 5th, 1961, and the Engineering 0epartment was instructed to have the reviewing stand set up in front of the Huntington Beach News office. Motion carried. -21- (10-2-61) 27 Page #22 - Minutes, October.2, 1961 Planning Commission A matter of presenting certificates to Certificates City Planning Commissioners who had retir- ed from the Planning Commission, was presented by Councilman Waite. Certificates On motion by Waite, seconded by Wells, the Appropriated City Administrator and Purchasing Agent were directed to procure appropriate Certificates for Mr. Paul Doutt and Mr. Earl R. Presson, retired Planning Commissioners. Motion carried. Meeting Called for Mayor Gisler then called a meeting of the October 16th, 1961 7:00 o'clock A.M. Council as an informal committee as a whole for Monday, October 16th, 1961, at 7:00 o'clock A.M. for discussion purposes. Meeting On motion by Lambert, seconded by Stewart, Adjourned the regular meeting of the City Council of the City of Huntington Beach adjourned to Monday, October 9, 1961 at 7:00 o'clock A.M. Motion carried, - City Cleric and -officio Clerk of the City Council of the City of Huntington Beach, California Mayor Attest: IWARAI (10-2-61)