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HomeMy WebLinkAbout1967-04-03MINUTES 'Council Chamber, Civic Center Huntington Beach, California Monday, April 3, 1967 Mayor Stewart called the regular meeting of the City Council of the City of Huntington Beach to order, at 4:30 P`.M. The Pledge of Aliegiance�was'given by all present in the Council Chamber, The Invocation was,.gven by Reverend Gilbert Allen, Minister of Christ Presbyterian Church. ROLL CALL Councilmen Present: Coen,,Bartlett, .Stewart Councilmen Absent: None MINUTES Gisler, Kaufman, Shipley, Green, On motion by Bartlett, the minutes of the regular meeting of March 20, 1967, and the regular adjourned meeting of March 27, 1967, were approved and adopted as prepared and mailed by the Clerk. Motion carried. fr FINAL TRACT MAPNO A805 BALMORAL HOMES The Clerk presented a transmittal from the Planning Director submitting final form of Tract -Map No. 4805 for adoption as follows: Developer: Balmoral Homes; Location: Northeast"corner, of Yorktown Avenue and Magnolia (Cannery) Street; Acreage: 24:804; Lots: 111; Zoning: Rl; that the map had been certified by the Director of Public Works and the Secretary to the Planning Commission to be true and correct in accord-- ence. with provisions of.the City` Subdivision Code. The City Council may accept dedications as shown on the map and approve the Final Map, subject to the following conditions: The City Clerk's signature shaltbe withheld pending the submittal and completion of the enumerated requirements. 1. Deposit of fees for water, sewer, drainage, engineering and inspection. 2. Bond for improvements. 3. Signature of agreement. 4. Certificate of insurance.. 5. Approval, from the County Surveyor. 6. Bond for monuments. 7. Deed for underground water rights. On motion.by Green, Council accepted offers of dedication as shown on Final Map No. 4805, and adopted the map subject to conditions stipulated by the Planning Commission. Motion carried. RO&I Page #2 - Minutes, April 3, 1967 1 SUBDIVISION AGREEMENT - OAKHURST LAND CO - TRACT 6339 The Clerk presented a transmittal from the Director of Public Works of Monument Bond, Improvement Bond, and Subdivision Agreement for Tract 6339 - Oakhurst Land Co. On motion by Coen, Council accepted Monument Bond No. 262364, Improve- ment Bond No. 262363 - Pacific Indemnity Co, approved Subdivision Agree- ment for Tract 6339, and directed the Clerk to file same; and authorized the Mayor and City Clerk to execute the document on behalf of the City. Motion carried. ARTERIAL HIGHWAY FINANCING PROGRAM - AGREEMENTS The Clerk presented a communication from the Director of Public Works transmitting Agreements for projects to be completed in 1967-68 fiscal year with the Arterial Highway Financing Program financing 50% of the costs. The projects are as follows: Project #380 - Warner Avenue - Graham Street to Beach Boulevard. Project #384 - Goldenwest Street - 300 feet south of Warner Avenue to 250 feet south of Edinger Avenue. Project #412 - Magnolia Street - 450 feet south of Banning Avenue to 1300 feet south of Banning Avenue. On motion by Coen, Council approved the Agreements for the Projects #380 *384 ane412, to be completed in 1967-68, and authorized the Mayor and City Clerk to execute the Agreements. Motion carried. FREEWAY AGREEMENT - ROUTE 1 FREEWAY Councilman Kaufman requested and was granted permission to abstain from action on the following item due to a possible conflict of interest. The Clerk presented an agreement between the City of Huntington Beach and the Department of Public Works, Division of Highways, State of California, superseding an Agreement dated November 7, 1961, for the proposed freeway between the Santa Ana River and Adams Avenue - Route 1 Coastal Freeway, On motion by Green, Council approved the Agreement between the City and the State superseding a previous Agreement, and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City. Motion carried. Councilman Kaufman resumed his place at the Council table. fl WATER WELL NO 4 - CC-061 - RES 2542 The Clerk presented a transmittal from the Director of Public Works of a Resolution establishing the prevailing rate of Wages for the mod- ification of the operating facilities of Well No. 2 and the furnishing and installation of operating facilities at the newly drilled Well No. 4. On motion by Coen, Council approved the project of furnishing operating facilities for Water Wells No. 2 and No. 4, and directed the City Clerk to publish Notice Inviting Sealed Bids when directed by the Director of Public Works. Motion carried. WA. Page #3 - Minutes, April 3, 1967 The Clerk read Resolution No.'2542 by title - "A RESLOUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE GENERAL PREVAIL- ING RATE OF HOURLY WAGES FOR EACH CRAFT OR TYPE OF WORKMAN OR MECHANIC NEEDED FOR THE MODIFICATION OF THE OPERATING FACILITIES AT WATER WELL NO. 2 AND FOR THE FURNISHING AND INSTALLATION OF OPERATING FACILITIES AT WATER WELL NO. 4, ALL IN THE CITY OF HUNTINGTON BEACH,.CALIFORNIA." On motion by Gisler, Council waived further reading of Resolution No. 2542, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES: Councilmen: None ABSENT: Councilmen: None VACATION - ALLEY - RESOLUTION OF INTENTION NO 2543 The Clerk presented a Resolution of Intention to vacate an alley parallel to, and easterly of Palmdale Lane. The Clerk read Resolution No. 2543 by title - "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, TO VACATE AN ALLEY IN SAID CITY AND GIVING NOTICE OF HEARING ON SAID VACATION." On motion by Bartlett, Council waived further reading of Resolution No. 2543, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Stewart NOES: Councilmen: None ABSENT: Councilmen: None REIMBURSEMENT - MACCO REALTY CO Gisler, Kaufman, Shipley, Green, The Clerk presented a request from the Director of Public Works for reimbursement to Macco Realty Company in the amount of $4,148.86 for oversize and offsite water mains constructed in connection with the development of Tracts 4816, 4493, and 4630. On motion by Coen, Council approvedthe reimbursement to Macco Realty Company for oversize and offsite water mains, and authorized payment of $4,148.86 for same, by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES: Councilmen: None ABSENT: Councilmen: None 5_ - BID AWARD - IMPROVEMENT ADAMS'AVENUE BRIDGE - CC-050 The Clerk read a communication from the Director of Public Works stating that bids for the construction of the Adams Avenue Bridge Additions and extension at the D02 Flood Control Channel had been opened at 9:00 A.M. on Monday, April 3, 1967, in the Council Chamber by the City Clerk, City Attorney, and the Director of Public Works, and that G.W. Galloway and L.C. Christopher of Baldwin Parkas a joint venture, was low bidder with a bid in the amount of $81,373.30. Mr. Wheeler recommended that the Council award the bid to G.W. Galloway and L.0 Christopher as a joint venture, and reject all other bids. The bids submitted were as follows: G.W. Galloway and L.C. Christopher, Baldwin Park $81,373.30 Rex W. Murphy, Inc. Covina 84,787.20 Lomar Corporation Huntington Beach 895837.60 Ecco Garden Grove 925548.40 Hane Construction Company Long Beach 945072.40 r Page #4 - Minutes, April 3, 1967 On motion by Kaufman, Council awarded the contract for Project CC-050 to G.W. Galloway and L.C. Christopher of Baldwin Park as a joint venture, for the low bid of $81,373.30; rejected all other bids, and authorized the Mayor and City Clerk to execute the contract on behalf of the City. Motion carried. BID AWARD - CONSTRUCTION WATER MAINS - CC-054 The Clerk read a communication from the Director of Public Works stating that bids for the construction of water mains and appurtenances in Alabama Street, Vista Del Mar Tract, Blocks 602 thru 1202, Huntington Beach Tract, Blocks 114 thru 614, and Ocean Avenue had been opened at 9:00 A,M. on Monday, April 3, 1967 in the Council Chamber by the City Clerk, City Attorney and the Director of Public Works, and that Santa Ana Valley Contractor of Santa Ana was the low bidder with a bid in the amount of $50,410,80. Mr. Wheeler recommended that the Council award the bid to Santa Ana Valley Contractor, and reject all other bids. The bids submitted were as follows: Santa Ana Valley Contractor Scott Bros. Dale C asada Construction Sanitary Pipeline M,L. Garten R,L. Thibodo Constr. Co. Famco Construction Co. J,E. Young Pipeline Ford Construction Co. Industrial Pipeline Constr. Co. G,R, McKervey Inc. S & M Pipeline Santa Ana $50,410.80 Santa Ana 55,415.44 Anaheim 55,821.00 Huntington Beach 56,879.20 Anaheim 58,933.09 Vista 59,846.07 Santa Ana 64,462.00 Brea 64,552.88 Bellflower 68,913.00 Los Angeles 69,074.50 South Laguna Beach 69,463,50 Orange 69,995.00 On motion by Green, Council awarded the contract for Project CC-054 to Santa Ana Valley Contractor of Santa Ana, for the low bid of $50.410.80; rejected all other bids, and authorized the Mayor and City Clerk to execute the contract on behalf of the City. Motion carried. CLAIM 6-67 - JAMES A DAWSON - DENIED The Clerk presented a claim from games A. Dawson for alleged damages to his automobile on Third Street, north of Ocean Avenue. On motion by Green, Council denied the claim filed by James A. Dawson and referred same to the City Attorney and the City's Insurance Carrier. Motion carried, T C SALE - COUNTY NOS 1352 and 1367 - AGREEMENT TO PURCHASE The Clerk presented a transmittal from the County Tax Collector offering two parcels of tax deeded property for sale to the City for a total price of $75.00 - Parcel one, bounded by Tract 3126 and Garfield Avenue' for an amount of $50.00, and parcel two, located in Tract 392, Lot 92, Block D, for an amount of $25.00.. On motion by Kaufman, Council accepted Tax Collector Sale Nos. 1352 and 1367, and directed the Mayor and City Clerk to execute an Agreement to Purchase, and authorized payment in the total amount of $75.00 to the County Tax Collector upon presentation of bill, by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES: Councilmen: None ABSENT: Councilmen: None 471. Page #5 - Minutes, April 3, 1967 VeY DRAINAGE FEE AGREEMENT - RANCHO DE PAZ The Clerk presented an Agreement between the City and John Dratz, Robert Mattox and Theodore Manthei, for payment of $33,000.00 drainage fees, over a ten year period. On motion by Kaufman, Council approved the Agreement between the City and John Dratz, Robert Mattox and Theodore Manthei, for payment of $33,000.00 drainage fees over.a ten year period, and authorized the Mayor and City Clerk to execute same on behalf of the City. Motion carried. TO SUBLEASE - HUNTINGTONDRIFTWOOD INC The Clerk presented a letter from the Huntington Driftwood, Inc., re- questing.the City's consent to an addendum to their Sublease with Shell Oil Company. The :add,endum would incorporate property abandoned by the State into a lease agreement with Shell Oil Company. On motion by Kaufman, Council apprgved.the addendum to the Sublease with Huntington Driftwood, Inc. to incorporate property abandoned by the State into a lease .agreement with Shell Oil Company/ and author- ized the Mayor and City Clerk to execute same on behalf of the City. Motion carried. AGREEMENT - ORANGE COAST JR COLLEGE DISTRICT The Clerk presented an Interim Agreement to cover the City's use of recreational facilities at Golden West College through June 30, 1967. On motion by Bartlett, Council approved the agreement between the City and Orange Coast Junior College District for use of the recrea- tional facilities at Golden West College, and authorized the Mayor and City Clerk to execute same on behalf of the City. Motion carried. .lam ./, 2 ORDINANCE NO 1284 - ADOPTED - OIL CODE The Clerk gave Ordinance No. 1284 a second reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMEND- ING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS AND ADDING SECTIONS TO CHAPTER 23." On motion by Coen, Council waived further reading of Ordinance No. 1284, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green Stewart NOES: Councilmen: None ABSENT: Councilmen: None ,/e,6, ORDINANCE NO 1308 - ADOPTED - GAS FRANCHISE The Clerk gave Ordinance No. 1308 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, GRANTING TO SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, A CORPORATION, THE RIGHT, PRIVI- LEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANS- MITTING AND DISTRIBUTING`GAS-'FO.R'ANY.AND ALL"PURPOSES; UNDER' ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY." zll72 Page 46 - Minutes, April 3, 1967 On motion by Coen, Council waived further reading of Ordinance No. 1308, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green Stewart NOES: Councilmen: None ABSENT- Councilmen: None ORDINANCE NO 1309 - FIRST READING - ZC 67-3 and 67-4 Mayor Stewart requested and was granted permission to abstain from action on the following item due to a possible conflict of interest, and vacated his place at the Council table. Mayor Pro -tern Shipley then took the Mayor's place. The Clerk gave Ordinance No. 1309 a first reading by -title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO ZONE CASES NOS. 67-3 and 67-4; AMENDING THE HUNTINGTON BEACH ORDIN- ANCE CODE BY RECLASSIFYING DM-30 (Sectional District Map 25-5-11)." On motion by Coen, Council waived further reading of Ordinance No. 1309, as amended. When put to a vote the motion passed unanimously. Mayor Stewart resumed his place at the Council table. 1.%=11 ORDINANCE NO 1310 - FIRST READING - ZC 67-2 The Clerk gave Ordinance No.1310 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON'BEACH RE- LATING TO ZONE CASE 67-2; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY RECLASSIFYING DM-19 (Sectional District Map 17-6-10)." On motion by Coen, Council waived further reading of Ordinance No. 1310, When put to a vote the motion passed unanimously. d7 L:. ORDINANCE NO 1311 - DEFERRED - POOL AND BILLIARD HALLS The Clerk read.Ordinance No. 1311 by title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO POOL AND BILLIARD HALLS; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SEC- TIONS OF ARTICLE 533." On motion by Green, Council deferred action on Ordinance No. 1311 until the meeting of April 6, 1967. Motion carried. - -�! --7C ORDINANCE NO 1312 - FIRST READING - PARK AND RECREATIONAL FACILITIES The Clerk gave Ordinance No. 1312 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELAT- ING TO PARK AND RECREATIONAL FACILITIES; CLARIFYING THE INTENT OF SECTION 9744.3; RENUMBERING SECTIONS AND ADDING SECTIONS TO ARTICLE 974 OF THE HUNTINGTON BEACH ORDINANCE CODE." Councilman Coen made a motion to waive further reading of Qrdinance No..1312. However, the motion failed when put to a vote because of the requirement for a unanimous vote. Councilman Kaufman made a motion to reconsider the previous motion, but withdrew his motion before a vote was taken. Councilman Gisler, who had voted nay on Councilman Coen's motion, changed his vote to make it a unanimous vote, thus waiving further reading of Ordinance No. 1312. Motion carried. 3 Page #7 - Minutes, April 3, 1967 OINANCE NO 1313 - FIRST READING - RIGHT OF WAY USES The Clerk gave Ordinance'No. 13.13 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF'THE CITY OF HUNTINGTON BEACH RELATING TO RIGHT OF WAY DEDICATION FOR -ALL USES ABUTTING ANY HIGHWAY, STREET OR ALLEY AND TO INSTALLATION OF IMPROVEMENTS FOR ANY USE ABUTTING ANY HIGHWAY, STREET, OR ALLEY." On motion by Coen, Council waived further reading of Ordinance No. 1313. When put to a vote the motion passed unanimously. ORDINANCE NO 1314 - FIRST READING —APPLICATION AFTER DENIAL The Clerk gave Ordinance No. 1314-a.irs.t reading'by .title -`"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH; AMEND- ING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9838 RELATING TO "APPLICATION AFTER,DENIAL.'l On motion: by Coen, Council waived further reading of Ordinance No. 1314. When put to a vote the motion passed unanimously. ORDINANCE NO 1315 - FIRST READING - LOT WIDTH AND FRONTAGE The Clerk gave Ordinance No. 1315 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE'CITY OF HUNTINGTON BEACH RELAT- iNT TO MINIMUM LOT WIDTH AND FRONTAGE; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9102.2. 9162.2, 9202.2, and 9212,2." On motion by Coen,'Council waived further reading of Ordinance No. 1315. When put to a vote the motion passed unanimously. ORDINANCE NO 1316 - FIRST READING - ZC 67-5 The Clerk gave Ordinance No. 1316 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- LATING TO ZONE CASE NO. 67-5; AMENDING THE HUNTINGTON BEACH ORDIN- ANCE CODE BY RECLASSIFYING DM-12 (Sectional District Map 11-6-11)." On motion by Coen, Council waived further reading of Ordinance No. 1316. When put to a vote the motion passed unanimously. ORDINANCE NO 1317 - FIRST READING - ZC 66-67 The Clerk gave Ordinance No. 1317 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO ZONE CASE NO. 66-67; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY RECLASSIFYING DM_14 (Sectional District Map 13-6-11), DM-20 (Sec- tional District Map 18-6-10), DM-29 (Sectional District M-ap 24-6-11) DM-22 (Sectional District Map 19-6-10)." On motion by Coen, Council waived further reading of Ordinance No. 1317. When put to a vote the motion passed unanimously. RESOLUTION NO 2544 - ADOPTED - GAS TAX IMPROVEMENT PROGRAM The Clerk read Resolution No. 2544 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING AMENDMENTS TO THE STREETS AND HIGHWAYS CODE RELATING TO ADMINISTRATION OF THE GAS TAX IMPROVEMENT PROGRAM." 474 Page #8 - Minutes, April 3, 1967 On motion by Kaufman, Council waived further reading of Resolution No, 2544, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES: Councilmen- None ABSENT: Councilmen: None 1 �1 RESOLUTION NO 2545 - ADOPTED - UV 67-6 'The Clerk read Resolution No. 2545 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING UV 67-6, -TENTATIVE TRACT MAP 6283." On motion by Kaufman, Council waived further reading of Resolution No. 2545, and passed and adopted same by the following roll call vote: AYES; Councilmen. Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES. Councilmen: None ABSENT: Councilmen: None ,4 ,-- RESOLUTION NO 2546 - ADOPTED - GEORGE SHIBATA The Clerk read Resolution No, 2546 by title - "A RESOLUTION OF THE CITY COUNCIL COMMENDING GEORGE SHIBATA FOR HIS SERVICE TO THE COMMUN- ITY.OF HUNTINGTON BEACH." On motion by Bartlett, Council waived further reading of Resolution No, 2546, and passed and adopted same by the following roll call vote AYES- Councilmen. Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES. Councilmen: None ABSENT; Councilmen. None RECESS Mayor Stewart called a recess of the Council at 5:30 P.M. for an executive session, Council was reconvened at 7:30 P.M. by the Mayor. "si ULI WORK FL01nW SCHEDULE The City Administrator presented the schedule for the work flow for the Urban Land Institute Redevelopment Program as presented by Ted Adsit and the U.L.I. Citizens Steering Committee. On motion by Kaufman, Council adopted the schedule of the work flow for the Redevelopment Program, subject to amendment as necessary. Motion carried„ i..f�1 VIC'S CONCESSION LEASE The Administrator presented a request from Victor H. Nitzkowski that his name be deleted in the lease between Victor and Kenneth M. Nitzkowski with the City of Huntington Beach, such leased area known as Vic's Concession. On motion by Bartlett, Council approved the deletion of Victor H. Nitzkowski from the lease with the City, and authorized that Kenneth M, Nitzkowski be the only lessee. Motion carried. 475 Page #9 - Minutes, April 3, 1967 i BEACH IMPROVEMENT .IRVINE On motion by Kaufman, Council approved the new beach improvement plan which involves improvements at Joe Irvine's concession. Motion carried. NATIONAL RIVERS AND HARBORS CONGRESS The City Administrator informed the Council of the 54th National Con- vention of the Rivers and Harbors Congress to be held in Washington, D.C. May 30th through June 2nd, 1967. On motion by Coen, Council authorized the Mayor and any Councilman and appropriate staff members to attend the Rivers and Harbors Congress, with necessary funds appropriated. Motion carried. Y �F LEASE AGREEMENT - CQ.UNTY.OF ORANGE - MUNICIPAL COURT SPACE The City Administrator informed the Council that the lease agreement with the County of Orange covering the temporary location of an additional Municipal Court building between the Library and the old fire station had been completed. On motion by Bartlett, Council accepted the lease agreement between the City and the County of Orange, as completed and authorized the Mayor and City Clerk to execute same on behalf of the City. Motion carried. T1 AE UEST FOR SUSPENSION — ARTICLE 985 The Clerk presented a letter from Roger D. Slates, requesting suspension of Article 985 pertaining to the Architectural Review Board from the Huntington Beach Ordinance Code. On motion by Coen, Council received the letter from Roger D. Slates and directed it be filed by the City Clerk. Motion carried. AUDITORS REPORT - DIEHL, EVANS& CO The Clerk presented the auditors report from Diehl, Evans and Company for the quarter ending December 30, 1966. On motion by Coen, Council received the auditors' report from Diehl, Evans and Company, and ordered it filed by the City Clerk. Motion carried. APPLICATION - ENTERTAINMENT PERMIT BEACH GIRLS TAVERN The Clerk presented an application for an entertainment permit from Robert W. Smith, owner of the Beach Girls Tavern, 19476 Beach Boulevard, Mr. Smith requested a permit for a three or four piece band and enter- tainers. On motion by Shipley, Council granted a permit to Robert Smith, owner of Beach Girls Tavern, for a period not to exceed one year, subject to compliance with the present Ordinance Code regulating taverns, bars and entertainment in same. Motion carried. .APPLICATION - ENTERTAINMENT PERMIT - BAHIA BAR The Clerk presented an application for an entertainment permit from Ronald D. Hunt, owner of the Bahia Bar, 210 Fifth Street. Mr. Hunt re- quested a permit for a one to three piece vocal and musical group and the showing of sport movies one night a week. 476 Page #10 - Minutes, April 3, 1967 On motion by Coen, Council granted a permit to Ronald Hunt, owner of the Bahia Bar, for a period not to exceed one year, subject to com- pliance with the present Ordinance Code regulating taverns, bars, and entertainment in same. Motion carried. REQUEST RESCIND APPROVAL m TRACT MAP 6209 The Clerk presented a letter from Steinbaum Investments requesting Council to rescind approval of partial Tract 6209 of Tentative Tract No, 6147, with the authorization to apply the business license fee paid on said Tract to a new plan to be submitted. On motion by Green, Council.rescinded approval of partial Tract 6209 of Tentative Tract No. 6147, subject to the surrender of the original linen to the City Clerk; and authorized the business license fees to be applied to a new plan to be submitted at a later date. Motion carried. REQUEST w FIREWORKS STAND The Clerk presented a letter from Norman S. Morrill, Scoutmaster, Troop 134, requesting that their troop be allowed to have a fireworks stand at Eds Dairy, 16583 Bolsa Chica Street. The Fire Marshal. denied the application due to another organization having been granted a permit within approximately one-half mile of the dairy. The Huntington Beach Ordinance Code requires a separation of seven -tenths of a mile. On motion by Kaufman, Council referred this Fireworks Stand request and all others of a similar nature, to the City Administrator to handle. Motion carried. .3 a 'LICENSE APPLICATION ® FAMILY BILLIARDS The Clerk presented a request from Dino Toro for a business license to operate a Family Billiards at 112 Main Street. This item was deferred from the meeting of March 20, 1967. On motion by Coen, Council deferred this item until the Police Depart- ment has 'had an opportunity for a complete check on said item. Motion carried. LICENSE APPLICATION - MOTORCYCLE RENTALS The Clerk presented a request from Graham Bolton for a business license to operate a motorcycle rental at 60.2 Ocean. This item was deferred from the meeting of March 20, 1967. On motion by Bartlett, Council deferred this item until the meeting of. April 17, 1967. Motion carried. . 1, APPEAL - ANIMAL CONTROL ORDINANCE The Clerk presented .a letter from Mrs. E. E. Hanson, 10362 Kukui Drive, City, with a $10.00 fee, appealing a decision of the City Administrator in refusing to issue a permit for keeping an ocelot as a pet. On motion by Kaufman, Council overruled the decision of the City Administrator and approved a permit for Mrs. Hanson's pet ocelot, subject to the assurance of adequate control of said animal at all times, Motion carried. s Page # 11 - Minutes, April 3, 1967 r PUBLIC HEARING.- AREA VARIANCF,67-3 HEATH & COMPANY - DENIED Mayor Stewart announced that this was the day and hour set for a public hearing on appeal to the denial by the City Planning Commission of Area Variance No. 67-3, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on an appeal to the denial by the Planning Commission of AV 67-3, as published in the Huntington Beach News on March 23, 1967, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 3rd day of April, 1967, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing on an appeal to the denial by the Planning Commission of Area Variance 67-35 to regulations of the Districting Ordinance, to allow the construction a double faced,three panel post sign to a height of 68 feet, in deviation to the maximum height of 50 feet, permitted by City Ordinance, on property located at 18477 Main Street, Huntington Beach, California. The Clerk informed the Councilthatthey had been provided with copies of the Planning Directors transmittal recommending denial, and stated that he had received no communications or written protests to the Area Variance other than the appeal filed -by Heath and.Company. Mayor Stewart declared the hearing open. Mr. Ken Michael, representing the sign manufacturer and Butler Enter- prises, owner of the restaurant involved, addressed the Council and discussed the reasons for the additional heighth of the sign, and requested that Council overrule the Planning Commissions' decision and allow the Area Variance. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Kaufman, Council sustained the decision of the Planning Commission and denied Area Variance No. 67-3. Motion carried. PUBLIC.HEARING-..ZONE..CASE NO 67-6 APPROVED Mayor Stewart announced that this was the day and hour set for a public hearing on Zone Case 67-6, on property located on the south side of Warner Avenue, 339 feet east of Bolsa Chica Street, and directed the Clerk to read the:legal notice. The Clerk read notice of public hearing on Zone Case No. 67-6, as published in the Huntington Beach News on March 23, 1967, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 3rd day of April, 1967, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing for the purpose of considering a petition for a change of zone to regulations of the Districting Ordinance, from R1 Single Family Residence District to C4 Highway Commercial District, with setback provisions. The Clerk informed the Council that they had been provided with copies of the Planning Secretary's transmittal recommending approval, and stated that he had received no communications or written protests to Zone Case No. 67-6, Mayor Stewart declared the hearing open. Page #12 - Minutes, April 3, 1967 There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council sustained the decision of the Planning Commission and approved the zone change from RI to C4) with setback provisions, and directed the City Attorney to prepare an Ordinance effecting the change of zone in Zone Case No. 67-6. Motion carried. .PUBLIC HEARING - ZONE CASE 67-8 - APPROVED Mayor Stewart announced that this was the day and hour set for a public hearing on Zone Case No. 67-8, on property located on the east side of'Springdale Street, approximately 165 feet south of Edinger Avenue, and directed the City Clerk to read the legal notice. The Clerk read notice of public hearing on Zone Case No. 67-8, as pub- lished in the Huntington Beach News on March 16, 1967, setting the hour of 7.30 P,M,, or as soon thereafter as possible, on Monday, the 3rd day of April, 1967, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing for the purpose of considering a petition for a zone change to regulations of the Districting Ordinance, from RA Residential Agricultural District, to R5 Office Professional District. The Clerk informed the Council that they had been provided with copies of the Planning Secretary's transmittal, recommending approval, and stated that he had received no communications or written protests to Zone Case No. 67-8 Mayor Stewart declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor, On motion by Shipley, Council sustained the decision of the Planning Commission and approved the zone change from RA to R5, and directed the City Attorney to prepare an Ordinance effecting the change of zone in Zone Case No, 67-8. Motion carried. PUBLIC HEARING - ZONE CASE NO 67-9 - P C RESOLUTION OF INTENT - APPROVED Mayor Stewart announced that this was the day and hour set for a public hearing on Zone Case No. 67-9, on property generally bounded by Brookhurst Street on the west, the city limits on the east, Hamilton Avenue on the south and on the north by a line 1130.00 feet north of and parallel to the centerline of Hamilton Avenue, and directed the Clerk to read the legal notices The Clerk read notice of public hearing on Zone Case No. 67-9, as pub- lished in the Huntington Beach News on March 23, 1967, setting the hour of 7;30 PM,, or as soon thereafter as possible, on Monday, the 3rd day of April, 1967, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing for the purpose of considering a Resolution of Intent of the City Planning Commission to regulations of the Districting Ordinance, for change of zone from RA-0 Residential Agricultural District combined with oil production, to C4 Highway Commercial District, with setback provisions. 479 Page #13 - Minutes, April 3, 1967 The Clerk informed the Council that they had been providedwith copies of the Planning Secretary's transmittal recommending approval, and stated that he had received no communications or written protests to Zone Case No. 67-9. Mayor Stewart declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council sustained the decision of the Planning Commission and approved the zone change from RA-0 to C4, and directed the City Attorney to prepare an Ordinance effecting the change of zone in Zone Case No. 67-9. Motion carried. PUBLIC HEARING.7.PRECI.SE PLAN 67-1 - P C-RES NO 67-1 - APPROVED Mayor Stewart announced that this was the day and hour set for a public hearing on Precise Plan 67-1, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Precise Plan 67-1, as pub- lished in the Huntington Beach News on March 16, 1967, setting the hour of 7.30 P.M., or as soon thereafter as possible, on Monday, the 3rd day of April, 1967, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing for the purpose of considering a Resolution of Intent to regulations of the District Ordinance proposing to precise plan the alignment of Goodwin Lane, Patterson Street, Lisa Lane, and two future local streets. The Clerk informed the Council that they had been provided with copies of the Planning Director's transmittal, recommending approval of Precise Plan 67-1, and stated that he had received no communications or written protests to the Plan or to the recoh mendation of the Planning Commission. Mayor Stewart declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Green, Council sustained the Planning Commission's recommend tion and directed the City Attorney to prepare an Ordinance adopting Precise Plan 67-1 for alignment. Motion carried. PUBLIC HEARING - RESOLUTION NO 2537 - GARFIELD ANNEXATION - APPROVED Mayor Stewart announced that this was the day and hour set for a public hearing on Resolution No. 2537 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF HUNTINGTON BEACH OF THAT CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS GARFIELD .ANNEXATION, PARCELS 1, 21 and 3, AND GIVING NOTICE OF TIME -AND PLACE FOR HEARING OF PROTESTS THERETO," and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Resolution No. 2537 as pub- lished in the Huntington Beach News on March 23, 1967, setting the hour of 1:30 P.M., or as soon thereafter as possible, on Monday, the 3rd day of April., 1967, in the Council Chamber of the Civic Center, Huntington Beach, California, As the time and place for a public hearing on Resolution No. 2537. 480 Page # 14 - Minutes, April 3, 1967 The Clerk informed the Council that he had received no communications or written protests to Resolution No. 2537 or the proposed annexation. Mayor Stewart delcared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor, The Clerk read Resolution No. 2547 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKING A DETERMINATION OF THE PROTESTS MADE AT THE TIME OF HEARING IN "GARFIELD ANNEXATION, PARCELS 1, 2, and 3." On motion by Bartlett, Council waived further reading of Resolution No. 2547, and passed and adopted same by the following roll call vote: AYES. Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, .Green, Stewart NOES; Councilmen: None ABSENT: Councilmen: None The Clerk read Resolution No. 2548 in full "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "GARFIELD ANNEXATION, PARCELS 1, 2, and 3." On motion:by Gisler, Council passed and adopted Resolution No. 2458 by the following roll call vote. AYES- Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES: Councilmen. None ABSENT, Councilmen: None a� GOLDENWEST INDUSTRIAL PARK - BUILDING PERMIT Mr, Roger Slates, representing Lloyd McDonald and Goldenwest Industrial Park, addressed the Council and requested that Mr. McDonald be issued the necessary building permit in order to finish his construction work. On motion by Bartlett, Council granted the request for a building permit to Lloyd McDonald for the Goldenwest Industrial Park construction. Motion carried, .f COMPLAINTS - GEORGE ARNOLD Mr, George Arnold, 3072 Main Street, City; addressed the Council and presented the listed complaints: to The many holes in.the street on Ocean Avenue between Main and 7th Streets. 2. The problem of backing water at the corner of Ocean Avenue and 3rd Street. 3. The oil rigs parked over the curbs and sidewalks on 17th Street. 4. The clean up problem existing,on the property leased by Signal and Standard Oil Companies. 5., :The enlargement and/or construction of a clubhouse in the northern part of Huntington Beach, • Page # 15 - Minutes, April 3, 1967 On motion by Stewart, Council referred the above listed items to the Chamber of Commerce. Motion carried. TRAILER VIOLATION DICK BANNISTER Mr. Dick Bannister, 504 - 14th Street, City, addressed the Council and requested an explanation as to why he had been given a violation for parking his trailer in front of his house for a period of not more than eight hours. He also presented the Council with pictures of unsightly junk cars, etc., in his area. No action was taken on this matter. DRAINAGE PROBLEM - JOE FERM Mr. Joe Ferm, 17581 Gothard Street, City, addressed the Council and discussed the memorandum presented by the Director of Public Works concerning the drainage problem on his property. On motion by Green, Council.referred the drainage problem on Mr, Ferm's property to the City Administrator and the City Attorney for further study. Motion carried. RE2UEST USE VARIANCE - JOHN KRATZ Mr. John Kratz, representing the Rancho La Paz Stables, addressed the Council and requested an additional use variance to permit a house trailer for living purposes on the stable premises. On motion by Green, Council granted permission to the Rancho La Paz Stable for the use of a house trailer on the premises for living purposes, with said permission to expire January 1, 1970, subject to compliance with the State Trailer Park Act. Motion carried. ATTORNEY - OUT OF STATE The City Attorney, informed the Council that he would be out of State from April 7th to April 16th, 1967. SURFSIDE ANNEXATION - STAFF REPORT On motion by Coen, Council directed the Staff to prepare a report concerning the Surfside Annexation to Seal Beach and submit same to the Local Agency Formation Commission at the hearing on said annexation on April 10, 1967. Motion carried. PUC - DYKE WATER REFUNDS The DPW informed the Council that the Water Superintendent, Mr. Stang, had met with representatives of those cities which had taken over Dyke Water Co. installations in this area - Westminster, Garden Grove and Anaheim. They had determined that the State Public Utilities Commission wished these cities to take over the refund of overpayments to Dyke customers in their respective areas. Mr. Wheeler suggested that Council direct the City Attorney to prepare a Resolution to be filed with the State Public Utilities Commission in this regard. On motion by Bartlett, Council directed the City Attorney to prepare a Resolution to be filed with the State Public Utilities Commission consenting to distribute funds of the Dyke Water Company being held by the Commission. Motion carried. Page #16 - Minutes, April 3, 1967 TOW TRUCKS - COMPETITIVE BIDDING On motion by Green, Council directed the City Administrator to make a study of the pros and cons regarding a competitive bidding situation with the towing services in the City. Motion carried. STANDING WATER - POSTING OF SIGNS On motion by Green, Council directed the City Attorney to prepare an Ordinance requiring the posting of no trespassing signs around large bodies of standing water. Motion carried. INFORMAL MEETING Mayor Stewart called a meeting of the Council as a Committee -of -the - Whole for Monday, April 10, 1967, at 7:30 P.M., to meet with the Library Board in a study session. ADJOURNMENT On motion by Gisler, Council adjourned the regular meeting of the City Council of the City of Huntington Beach to Thrusday, April 6th, 1967, at 7:30 P.M. Motion carried. ATTEST: Paul C . Jones City Clerk Paul ,Tones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Jake R. Stewart i Mayor t: 453