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HomeMy WebLinkAbout1967-08-21Council Chamber, Civic Center Huntington Beach, California Monday, August 21, 196 Mayor Pro-Tempore,Green called the regular westing of the City Council of the City of Huntington Beach to order at - 0'fe e Y The Pledge of Allegiancevas. given by all present in the Council Clamber. The Invocation was give. by Father'Snyder, , Priest at Ss. Simon and Jude Catholic Church. ROLL CALL Councilmen Present: Coen, Bartlett, Gisler, Kaufman, Green Councilmen Absents Stewart, Shipley MINUTES On motion by Bartlett, the. minutes of the regular meeting of August 7, 1967, :and the regular adjourned meetings of August 8, 1967 and An us t 14, 1967, were approved and adopted as -corrected by the Council and mailed by the City Clerks Motion carried. UV 67-41 - CONDITIONAL. EXCEPTION The Clerk presented a transmittal from the Planning Department of Condition Exception m UV ' 7-41 - Oakhurst Land Company, on property located on the nortbeas t corner of Talbert -Avenue and Edwards ' Street. The Planning Commission recommended a proval A On motion by Gisler, Council sustained the recommendation of the Planning Commission and directed the City attorney to prepare a Resolution approving UV 67-41. Motion carried. FINAL TRACT MAP NO 5791 .- 'DUTCH HAVEN 'HOMES Abe Clk presented a trams> i unI from the Planning Director ; submitting final o-f Kip 5791 for a&,,)ption as follows Developer: a:t h Iven. llodiesx Inc, A .,c tion t Southeast corner of Warper Avenue Acreage -� Lots: 206 ; that the map had been certified by the,Director of 'Public Works and the Secretary to the Pla'nninx Commission to be true and correct in accordance ; with provisions off;the City Subdivision Code. The City Council may accept dedications as.,shown on the map and approve theFinal Map, -subject to the follo ing .condi.tiona Page 12 - Minutes - August 21, 1967 The City Clerkos signature shall be withheld pending the submittal and completion of the enumerated requirements, E Deposit of fees for water, sewer, 2, Bond for improvements, 3, Signature of agreement, V Certificate of Qsurance,, 5� Approval from the County Surveyor, 6� Bond f or manuments 7, Deed for underground water rights,, drainage, engineering and inspection, On motion by Bartlett, Council accepted offers, of dedication as shown on Final Map 5791, and adopted the map subject to conditions stipulated by the Planning Commission, Motion carried, joy FINAL TRACT MAP 5424 - DUTCH OAVEN '110ME9 . ............ . ---- — — —, The Clerk presented a transmittal from the Planning Director submitting final form of Tract Map 5424 for adoption as follows; Developers DuLch Haven Homes, Inc,; Location; Northeast corner of Banning Avenue and Bushard Street; Acreage; 31.287; Lots: 1 5 2 ; that the map had been cer- tified by the Director of Public Works and the Secretary to the Planning Commission to be true and correct in accordance 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 all be withheld pending the submittal and completion of the enumerated requirements. Y Deposit of fees for water, sewer, 2, Bond for improvements, 3, Signature of agreemen0 4, Certificate of insurance, 5r Approval from the County Surveyor, V Bond for monuments-, 7a Deed for underground water rights, drainage, engineering and inspection, On motion by Kaufman, Council accepted offers of dedication as shown on Final Map 5424, and adopted the map subject to conditions stipulated by the Planning Commission, Motion carried. CC-065 - WARNER. AVE IMPROVEMENTS - NOTICE INVITING'BIDS The Clerk presented a transmittal from the Ure0or of Public Works of plans, specifications, notice inviting sealed bids, right-6f-way cert- ifications and Resolution for the improvement of Warner Avenue from Beach Boulevard to Graham Street - AHFF 0380 - Phase 11, On motion by Bartlett, Council approved the plans and specifications for the improvement of Warner Avenue, authorized the Mayor and City Clerk to execute the right-of-way AgUements, and directed the City Clerk to advertise for bids when directed by the Director of Public Works. Motion carried., Page #3 - Minutes - August 21, 1967 The Clerk -read Resolution no. 2618 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE ,CITE' OF DTI GTON BEACH ESTABLISHING THE GENERAL .PRE- VAILING RATE OF HOURLY WAGS FOR EACH CRAFT OR TYPE OR WORKMEN OR MECHANIC NEEDED FOR THE ONSTRUCTION, RECONSTRUCTION,, SURFACING, AND IMPROVEMENT OF WARNS AVENUE FROM BEACH BOULEVARD TO GRAHAM STREET, ALL IN THE CITY OF iiUNTIN TON BEACH, "CALIFORNIA." On motion by Gisler, Council waived further reading of Resolution No. 2618, and Passed and adopted same ,by the -following roll call vote AYES-, Councilmen-, a Coen, Bartlett, Gisler, Kaufman, Greece. NOES: Councilmen: None ABSENT:Councilmen: Stewart, rt, Shipley IMPROVEMENTS -TRAFFIC SIGNALS m MAIN AND COAST HIGHWAY The Clerk Presented a communication from the Director of Public Works transmitting aCity-State Participation Agreement aid, .Resolution which would authorize theCity' to participate in the costs of improving said traffic signals in the amount estimated to be $12,000.00 The Clerk read Resolution No. 2619 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITE` OF HUNTINGTON BEACH APPROVING CITY-STATE PARTICIPATION AGREEMENT NO, 21 ." On motion by Bartlett, Council ,waived further reading of Resolution No. 2619, and passed and adopted same by the following roll call vote: AYES- Councilmen: Coen, ,Bartlett, Gisler, Kaufman, Green NOES- Councilmen: None ABSENT; Councilmen: a Stewart, Shipley On motion by Caen, Council authorized the Mayor and. City Clerk to execute City -State Participation Agreement -No. 2159 on behalf of the City, Motion carried.. J cl CC-07 - SIGNALIZATION & LIGHTING - EDINGER AVENUE The Clerk Presented a transmittal from the Director of Public Works of plans, specifications, , ,esolution and notice inviting ,sealed, bids for the construction of traffic signals on Edinger Avenue at an estimated cost of $ 1, 00 a 0Q On motion by Bartlett, ,Council approved the Plans and specifications, and directed the City Clerk to advertise for bids when notified b the Director of Public € rks . Motion carried. The Clerk read, Resolution No. 2620 by title - "A RESOLUTION OF THE CITY COUNCIL OF 'THE ;CITY OF HUNTINTON BEACH ESTABLISHING THE GENERAL PREVAILING RATE OF HOURLY WAGES FOR ECG. CRAFT OR TYPE ,OF WORKMAN OR FMCHANIC NEEDED FOR THE CONSTRUCTION OF STREET 'INTRO 'ANTS., CHAN ELI ATION, SIGNALI ATION OF THE FOLLOWING LOCATIONS: EDINGER. AVENT AT A LOCATION 757 FEET WEST OF BEACH BOULEVARD AND EDI GER A EME AT A LOCATION 2346 FEET WEST OF BEACH BonEvARD, ALL ,IFS THE CITY O HUNTIN TON BEACH, CALIFORNIA." Fagg #4 - Minutes - August 1, 1967 On motion by Coen, Council waived further reading of Resolution No,. 2620, and passed and adopted same by the following roll call vote., AYES- Councilmen: Coen, Bartlett, Gisler, Kaufman, Green ABSENT 4 Councilmen,, ,, to art, Shipley q� BRIDGE CONSTRUCTION - SLATER C11ANNTEL The Clerk presented a request fro-m the Director" of Public Works for authorization for the City to construct a temporary bridge across the Slater Channel at the blast and of Slater Avenue to accoiriodate students attending Marine Vices School in. the Ocean View School District, at ari estimated cost of $2500, In exchange the City would acquire channel right-of-way from the Ocean View School District valued at approximately $2500,M uncilman Kaufman mAde a motion to approve the bridge construction, but the motion was withdrawn before being put to a vote-, Following a discussion between the Council and the Director of public Works, and on € otion by Kaufman, Council approved and request for the brigde construction, and author 'ized the Director of Public Works to proceed with the plans, Motion carried:. TRACT 5526 DEDICATION OF IMPRO EIAENi' The Clerk presented a communication from the Director of Public Works recommending acceptance of dedicated improvements, authorization for release of than Improvement and. Monument Bonds, and ter—minati€rn, of the Subdivision Agreement in fact Noo 5526 - Eldridge Corporation, On motion by Coen, Council accepted improvements dedicated for public € se in Tract 5526; authorized the release of Improvements and Monuir-ent Boards and termination of the Subdivision agreement, and directed the developer be notified by the City Clerk and the Bonding Company be rrotified by the Cite Treasurer. Motion carried.. CC-07 - INSTALLATION - FENCE - SLATER AVMF UE CHANNEL The Clerk read a coumunication from the Director of Public Works stating that bids for the installation of P. chain line fend. along the Slater Avenue Channel had been opened at 9,,00 AM. on Monday, the 21st day o August, 1967, in the Council Chamber by the City Clerk., City attorney and the Director of public Works, and the Cra -FenceCo.,, Pasadena, was the low bidder with a bid in the amount of ,5, 45,44. Mr,. Wheeler -recoznen.d d that Council award the bid to Cron Fence Co,,, and rneiect all other bids, The bids submitted were as Crown. Fence Co., Pasadena Alcorn. Fence Co,, gun Valley Mills Fencing Co., Fell Garde -as Guardian Fence Co-, bong Beach $5,245„44 $5.,487,74 $5,748,2 6, `3,,9 Page #5 - Minutes - August 21, 1967 On motion by Gisler, .Council awarded the contract for -Project CC-074 to Crown Fence,Co., Pasadena, fairthelow bid of $5,245.44; rejected all other bids, and authorized the Mayor and City Clerk to execute -the contract on behalf of the City. Motion carried. BOND TERMINATION - D. W. ELLIOTT. The Clerk presented a recommendation from the Oil Superintendent that D. W. Elliott - Oil Well Bonds'No73-03-990 and 72-68-829 for Wells Dabney #2 and Riggle #4 be .terminated. Said bonds having been replaced by the surety bonds #81-19-607 for Dabney #2 and #80-83-933 for Riggle A. On motion by -Bartlett, Countil authorized termination of oil well bonds #73-03-990 and #72-68-829, and directed the Oil Superintendent to notify the Bonding Company. Motion carried, CITY EMPLOYEES' PICNIC -__A ATION EE, QUESTED The Clerk presented a request from the President of the City Employees' Association for an allocation not to exceed $700 for the annual City Employees' Picnic to be held September 9, 1967. On motion by Coen, Council granted the request of the City Employees' Association for an allocation not to exceed $700. Motion carried. �7 -PUBLIC BUILDING CAPITAL IMPROVEMENT PROGRAM At -this time Mr. Ted Adsit, Development Consultant for the City, addressed the Council and presented a report of the Public Building Capital Improvements,Program, He pointed out to the Council the building needs for the future and the financial means of acquiring same. ORDINANCE NO 1341 - ADOPTED - ZONE CASE 67-17 :The Clerk gave Ordinance No. 1341 a second reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE,CITE` OF'HUNTINGTON BEACH RELATING TO ZONE 'CASE = 67-17; AMENDING THE HUNTINGTON BEACH ORDINANCECODE BY RECLASSIFYING DM-21 (Sectional District Map 19-5-11).?? On motion by Coen, Council waived further reading of Ordinance No. 1341, and passed and adopted same by the following roll all vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Green NOES: Councilmen: None ABSENT: Councilmen: Stewart, Shipley QRDINANQE-�, N'Q,� '134-4 - ADOPTED - WAXE'R' 1RATES The Clerk gave Ordinance No. 1344 a second reading by title.- "AN ORDINANCE OF TRE CITY COUNCIL OF THE CITY OF HUNTINGTON -BEACH AMENDING -SECTION 3432 OF THE HUNTINGTON BEACH ORDINANCE CODE RELATING'TO WATER RATES. " On motion by Coen, Council waived further reading of Ordinance No. 1344-',- and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Green NOES. Coun cilmen a None :ABSENT: Councilmen: Stewart, Shipley Page #6 - Minutes - august 21, 1967 r ;�- t ORDINANCE NO 1345 FIRST READING ZONE C EO 67­1� 67:1.9_� 7m-2� The Clerk -gave Ordinance No. 1345 a first reading by title "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINT ON BEACH RELATING TO ZONE CASES NOSa 67-18, 67-19 and. 67-20; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE by AMENDING D m32 (Sectional District Map 27-5W11,� DM-19 (Sectional District Map 17-6-10) and DM-6 District Map 6T6-1.0) " On motion by Coen, Council waived further reading of Ordinance No. :I.34.5, When put to a vote the motion passed unanimoia.a ly . 6RDINA. CE NO 1346 - _FIRST THING - CITY COUNCILMEN The Clerk gave Ordinance No. 1346 a first reading by title.- "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH .AMENDING THE HUNTINGTON BEACH ORDINANCE COTE by ADDING CHAPTER lI,, ARTICLE 'ill AND SECTION 1.111 RELATING TO EXPENSE A.LL014ANCE FOR CITY COUNCILMEN," On motion by Coen, Council waived further reading of Ordinance No., 1346. When put to vote the notion passed unanimously. t f � p ? y� y ? Rz— A�S' t •�N NO 2,'S �l'Y 4` 2l �T 7 is wx..w: rv.w.wvvv: v.�.n..w...a..a.. wawa. ww:.�a.a,v�v v_.v,.ee..vvtmv.H..-:.�tm .. The Clerk read. Resolution No. 2621 by title "A RESOLUTION OF THE CIT17 COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING IRF 67-34, TENTATIVE TRACT MAP 4419, On motion by Bartlett, Council waived further reading of Resolution No. 2621 and passed and adopted same by the followin.g roll call. vote'. AYES--.- Councilmen, Coen., Bartlett, Gisler, Kaufman, Green NOES,- Councilmen-. None. ABSENT- Councilmen, Stewart, Shipley ,p � 77 , RESOLUTION NO 2622 - ADOPTED LEAGUE OF CALIFORNIA CITIES, The Clerk read Resolution No, 2622 by title - "A RESOLUTION OF THE CITE' COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE ATTENDANCE OE - OFFICIALS A14H DEPARTMENT HEADS OF THE CITY AT THE 6 th ANNUAL CONFERENCE OF THE LEAGUE OF CALIFORNIA CITIES." I On. motion by Gisler, Council waived further reading of Resolution No. 2622, and passed and adopted sx--ne by the fallowing roll call vote AYES a Councilmen: Coen, Bartlett, Gisler, Kaufman, Green NNE e Councilmen. r Nona ABSENT: Councilmen: Stewart, Shipley COMPENSATORY TI E FOR HOLIDAYS The Administrator informed Council. that Admission Dees September 9th and Veterans Day, November 11th both fall on. Saturday this year, and he recommended that Council. consider granting holidays axe. Friday, November 24th and an Friday, December 22nd in lieu thereof, Can motion by Gisler, and December 22nd as Motion carried ounc:-il authorized the inclusion of -November 2 th holidays for miscellaneous employees of the City? �' w -'CONTERENCE ATTENDANCE m FOLK E The City Administrator presented a request from police Chief -Seltzer -requesting permission for Detective William Bruce to attend the 18th Annual Western States SafeBurglary Investigators Conference in Las Vegas, September 13, 14, and 15, ,1967 s E On motion by Gisler, Council granted permission for Detective -William Bruce to attend the 'Western States Safe Burglary Investigators Confer- ence, with r aaonable ,expenses allowed, Motion carried. The City Adminls.fxtor informed. the Council that the State Cigarette Tax is to become effective the first of October, and. sUgg6sted the Council instruct'' thezity Attorney to ,possibly prepare Ordinance repealing the City's Cigarette Tax to comply with the State Cigarette Tax to be effective October 1, 1967, Councilman Gisler made a motion to direct the City Attorney to prepare Ordinance ,>repeali.n the City s s tom, law, but -the motion was withdrawn before -being put to a vote. 5 On motion by -Gisler, Council deferred this matter to the meeting of -September 5tb,.1967. Motion carried. The City administrator informed the ''you' ncil of the neeId..- for financial consultant > t . ork , itb the -staff and O' e1venyj and Myers to establish the financial feasibility of the parking Authority, On motion by Bartlett, Council authorized the Adminstrator to execute an agreement with Goodbody °& Company, as financial consultants for the Paring Authority. Motion carried., 7-,,__ -/az LEAGUE OF WOMEN V - TOUR OF CITY On motion by Kaufman, Council authorized the City to sponsor a tour on November 4. 1967, for the purpose of familiarizing the League of 'gin Voters with the "a,ctiVitids of the planning Department -in the City. Motion. carried, CITY ADMINISTRATOR - OUT OF STATE n motion by Kaufman, Council authorized the City Administrator to be out of the State from October 8th through October 12th, , 1967, to attend the Conference of the International City Manager's Association in New Orleans, with transportation and reasonable expenses allowed, Motion parried. PIES. STUDY m EMPLOY KOEBIG & KOEBIG On motion by Kaufman, Council authorized the Mayor and .City Clerk to execute an agreement between the City and Koebig & Koebig for a pier study, with costs to not exceed $7,500.00 Motion carried " Page # -a Minutes -v. August 21, 1967 HARBORS AND BEACHES BUILDI G PLAWS AID Sp'ECIFIC TICUS The City Administrator informed Council that the Signal Oil & Gas Company were quit -claiming oil leases they hold on City owned property north of Ocean Avenue and adjacent to the Huntington Driftwood lease. He stated that his property would provide space for a building or buildings needed by the Department of harbors and Beaches On snotion by Gisler, Council directed the Engineering Department and the Department of Harbors and Beaches to proceed with the pre- paration of plans and specifications for the buildings, and to present same for Council approval. Motion carried, CITY eF Ub ICA i X-$-i�\......:.�* �_ CHAMBER OF On motion by. Gisler, Council authorized City participation in the publication of a publicity brochure to be used in advertising the City in an amount not to exceed 2, 700. 00, Motion carried, The City Clark presented a letter from the Assistant City Attorney requesting authorization for payment of property procured for the City through condemnation proceedings, A This property had been owned by Alma Investments Company and consisted of iota 105, 121 and 122 in Tract 281., with a total purchase price of $1,75 ,CO On motion by Bartlett, Council authorized the Finance Director to draw a warrant in the sum of $1, 750, 0 to pay for property a€:quired by the City through condemnation proceedings from Alma Investment Company, consisting of Lots lax a, 121 and 122 in Tract 281. The motion passed by the following rail call €rotez AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Green. NOES: Councilmen; None ABSENT: Councilmen; Stewart, Shipley V r: SOLICITATION RUNUNIST DENIED - WESTERN A communication from the Western Missionary army requesting permission to solicit for funds in the City of Huntington Beach was presented by the Clerk, On motion by Coen, Council denied the request of the Western Missionary Army to solicit in the City Motion carried, Q MRQUJEST_m FIRESIDE MEEEIUNU The Clerk presented a letter from the Spiritual Assembly of the Baha' is of Huntington Beach requesting permission to hold Fireside meetings on the premises of the Leathersmith Shop, 106 Main Street, City. On'motion by Bartlett, Council denied the request of the Spiritual Assembly of the ba.h.d ie of Huntington Beach to hold Fireside meetings at 106 Main Street, Huntington Beach. Motion carried, Page #9 m Minutes -,August 21, 1967 A[�TkIC l AT1C A L° I INTERNATIONAL COUNCIL SURF LIFE The, Clerk presented a letter from the International Council of Surf Life Saving requesting that Fines Moorhouse be a delegate representing the National Surf Life Saving Association of America and the City of Huntington Beach at an International Convention to be held pan October 7, 1967, in Australia. On motion by Caen, Council approved the attendance of Vince Moorhouse at the International Convention in Australia, and authorized reimbursement for reasonable expenses. Motion carried. COMMENDATION OF CITY EMPLOYEES The Clerk read a letter fro Mr. Roger Slates conriding certain City employees for their help in assisting Cerise Fiberglass Products to locate in the City of Huntington Beach. On motion by Kaufman, Council received the letter from Mr. Slates and ordered it filed by the City Clerk. Motion carried. d. RECESS Mayor Pro-tempere Green called as recess of than Council at 6 z00 Po -Ma Council l was reconvened at 7:30 Pa Y by the Mayor Pro-te pore . .COMPLAINT - TRAFFIC $ CR pR pA The Clerk read a letter from fir..Mac Ba�ngcy relating.. tc _the 'tra ffic a h rd around the • Greer park area and requesting that;.signs be placed near the park warning motorists of children at play On motion by Bartlett, Council referred the letter -from Mr. Mac Bangoy to the Traffic Engineer fog° s tudy Q Motion carried, 9� HUNTINGTON BLEACH FREEWAY REPORT" Mr, dames Wheeler, Director of Public Works, addressed the Council and ..reported to them of the tentative route the State has established for the Huntington Beach Freeway. He -informed those present of a meeting which the Goldenwest Rpmeawners Asscci.a,tign ria sponsoring August 24th, 1967, at Gill School. T'he audience -was informed that a. public hearing would be scheduled for ,gin evening in September. ;-ai PUBLIC HEARING— � ZONE CASE No 66-65 - APPROVED Mayor pr€-tempore Green announced that this was the day and hour set for a public hearing on Zone Case No. 66-65, on property located at the northwest corner of Indianapolis Avenue and Bushard Street, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing can Zone Case No. 66-65, as published in the Huntington Beach Neva can August 10, 1967, setting the boar of 7:30 'pm a ,or as scan thereafter as possible, can Monday, the 1st day of August, 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. chan'e of zone to re- gulations of Districting Ordinance from RA Residential Agricultural District to Cl Neighborhood rhood Commercial District, with setback provisions. 1 Page # 10 - Minute - August 21, 1967 The Clark informed the Gouncl'l 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. 66-65, Mayor Pro-te pore tree-n declared the hearing open `There being no one present to speak on the matter, and there being no protests fi l.edp either oral_ or written, the hearing was closed, by the Mayor Prowtempore. On motion by Bartlett, Council directed the City. ,attorney to prepare an Ordinance effecting the change of zone in ;done Case No, 66-65„ Motion carried, a e Ga r PUBLIC HEADING m ZONE CASE 7 m 16 - P C RES OF INTENT - APPROVED Mayor Pro-te pere Green announced that this was the day and hour set for a. public: hearing on Zone Case Nos 67- 1 , on property bounded by Pala. Avenue on the northestJ, Seventeenth Street on the northwest', Ocean Avenue on the southwest and a Line running dcnm the center of the a.l.l.ov between 7th and 8th. Streets on the southeast, and directed the, ler�, to read the legal notice The Clerk read notice of public hearing on Zone Case 67-1 , as published in the Huntington Peach News on August 1.0, 1967, setting the hour of 7 0 P.m.,1 or as soon thereafter as possible, on Monday, the 21st day of august, 1967, in the Council Chi.mbor 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 Districting, Ordinance, from: l) p2-0 Two Family Residence Dietrl.ot c.o bined with oil prod. ctl.ord, to R2 Two Family Residence District; 2. R3-0 Limited Multiple Family Residence District combined with oil production) to H3 Limited Multiple Family Residence District; R4-0 Multiple Family Residence District, combined with oil productio5 to R4 Multiple Residence Districts 4) C3-0 General. Business District, combined with oil production., to C3 General, Business District; 5) 2-0 Industrial District, combined with oil production, to M2 Industrial 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 one c:oxaniunication from Mr. Charles Ca.ther opposing the Zone Change Mayor Promtempore Green declared the: hearing open,. Page #11 - Minutes - August. 21, 1967 Mr. A. C a Marion, an independent oil operator in the City, addressed the Council and stated that he understood the proposal was to remove C zoning from all ,properties except these with active. producing wells within this area. r. Charles Cather, Garden Grove, addressed the Council and requested information concerning the drilling rights of the present oil operators located in this area. Mr. Tom C r King, an attorney representing an independent oil operator in the City, addressed the Council and requested clarification on the Zone Case r. James Young, attorney representing the independent oil operators in the City, addressed the Council and discussed the Zone Case -with them. `here being no one further to speak on the matter, and there being no further -protests filed, either oral or written, the hearing was classed by the Mayor Promte ,pore a On motion by Kaufman, Council approved the Zone Case as modified by the Planning Commission and directed the City Attorney to prepare an Ordinance effecting the change of zone, Motion carried. On motion by Creep, Council directed the Planning Commission to study the 'C' (Oil) zoning -in the City with the possibility of setting up a special zone in the downtown area. Motion carried. /-/ PUBLIC HEARING— ZONE CASE 7-22 - p C RES INTO - APPROVED Mayor -pro—tempore Green announced that this was the day and hour set for a public hearing on Zane Case No. 67-22, on. property located: PARCEL ) Northeast corner of Magnolia Street and Ads Avenue, B) Northeast corner of Magnolia Street and Atlanta Avenue, C) Northwest corner of Magnolia Street and Atlanta Avenue, Northwest corner of Atlanta Avenue and Newland Street, E) Northwest corner of Cul.denweet Street and Edinger Avenue, F) Northwest corner of Culd.enwest Street and McFadden Avenue, G) Northwest corner of Heil Avenue and Bolsa Chi.ca Street, N) East.side of Beach Boulevard between Slater and Talbert Avenues, l) Forth side of Slater Avenue,,265 ft. east of the centercf Beach Boulevard, d) Southwest corner of Slater ,Avenue and reach Boulevard., K) Southwest corner of Beach, Boulevard and Adams Avenue. L) Between Slater ,avenue and Talbert Avenue on the West side of Beach Boulevard. The Mayor Pro®te pore directed the Clerk to read the legal notice The Clerk read notice of public hearing on Zone Case No. 67-22, as published in the Huntington Beach News on August -1Cp 1967, setting the hour of 7a C P.M., or as soon thereafter as possible, on Monday, the hat day of August, 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'Resol,ution of Intent to regulations of the Districting Ordinance from: Page #412 - Minutes m A�i.gus t 21., 1967 ) From CI to C4 B) From el to C4 C) From Cl to C4 p) From Cl to C4 E) From Cl to C4 F) From Cl to C4 0) From Cl to C4 H) From Cl to C4 I From Cl to R5 J) From Cl to C4 K) From Cl to C° L) From. Cl to R3' with a 50 foot setback from the ultimate ri. hL-of-way with a 50 foot setback from the ultimate right-of-way 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 Ease hoe 67-22 Mayor Fro-tempore Green declared the hearing open. `here being no one present to speak on the matter, and there being no protests filed, either oral or wri.tten., the hearing was closed by the: Mav o r On motion by Bartlett, Council directed the City Attorney to prepare. an Ordinance effecting the e,tiange of zone in Zane Case No, e-2 , Motion carries WI PUBLIC HEARING - UV 67-31 N APPEAL - FRANK BISSELL Mayor Fro.9,tempore Green announced that this -.vas the day and hour set: for a public hearing on ,an appeal by biro Frank Bissell to the denial by the Planning Commission of Use Variance No. 67-31., and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Use Variance No. 67-31, as published in the Huntington Beach News on August 3, 1967, setting; the hour of 7:30 P.M., or as aeon thereafter as possible, on Monday, the 21st day of August, 1967, in. the Counc.i.l. 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 ion of a portion of Use Variance No. 67-31, to regulations of the Districting Ordinance, to permit one lot in a. proposed subdivision to have a minimum lot area of 5400 sqL ft. in deviation to the required. 6500 sqe ft and to permit the density for each lot in said subdivision to be increased to 2000 sq. it., of lot area for each unit in the R2 Tvo Family Residence District, This subdivision is located at the northwest corner of Yorktown Avenue and Florida Street., The Clerk ix -formed, the Coo nail. that they had been provided with copies of the Planning Secretary's transmittal, recarmendin.g denial, and stated that he had received no ccammiunieations or written pretests other than the letter of appeal, Mayor Fro-tewpore Green declared the hearing; open,, Page # 13 - Minutes - August 21, 1967 r. Frank Bissell, Newport Beach, addressed the Council and requested Council's approval to the appeal., There being no one farther to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor Pro-te pores . motion by,Coen, Council sustained the decision of the Planning Commission and denied the appeal on Use Variance No. 67- 1a Motion carried. /<,7-/19 PUBLIC HEADING m UV 67-38 AND TRACT MAP 551 m APPEAL - PERPETUAL SAVINGS Mayor Pro-te pore Green announced that this was the day and hour set for a. public hearing on an appeal by Perpetual Savings to the denial by the Planning Commission to Use Variance No. 67-38 on property located at the southeast corner of Edwards Street and Talhort Avenue in the R2 Two Family Residence District, and directed the Clerk to read the legal notice The Clerk read notice ,of public hearing on the appeal to thedenial of Use Variance No. 67-38, as published in the Huntington Beach News on August 3$ 1967, setting the hour of 7:30 P.M., or as soon there- after as possible, on Monday, the 21st day of August, 1967, in the Council -Chamber of the Civic Caster, Huntington Beach, California, as the time and place for a public hearing for the purpose of considering an appeal to the denial. of Use Variance No. 67-38 to permit the following: 1) Reduction of lot sizes below the 6000 sq a ft. as shown on Tentative Tract dap 5518; 2) Reduction 1n.lot width to permit an average width of 54 ft. measured a " the 20 ft. setback line 3) Reduction in minimum frontage in cul-de-sac lots to permit C ft. fronta e 4) Reduction of street rights -of -wad` as shown on Tentative Map 5518, in accordance with the standards recommended by the Director of Public Works and approved by the. City Council September 7, 1 65; 5) A 10 ft. minimum front yard setback, except for garages with a front approach, which shall be 22 ft.; 6) A 15 ft.minimum roar yard setback; 7) Waiver of drainage and park and recreation fees 'based on an equitable agreement being reached._ hereby approximately 1 acres of lake area and adjacent frontage road, il,1-be'-acqui.red by the Cite for park and storm drainage holding pond purposes", The Clerk informed the Council that they had been provided with copies of -the PlanningSecretary's transmittal, recommending denial, and stated that he had received no communications or written protest other than the appeal letter from Perpetual Savings. Mayor pro-tempore Green declared the hearing open. On motion by Bartlett, Council oontined the public hearing to the meeting of September 18, 1967. Motion carried. Page #14 m Minutes m August 21, 1967 � I ERRING ;A�RI�� 6 4l\ - APPEAL JOE EV \X :xrr�nwwh\\\»ww\\w\\\W.wwwww\\w.www\vv,vewi.\vnitiHwwv.. w.: \w .\\wvw \wV.wVJTVN'V \vv\\ \ R\ww\\wAww\ttw\< <v _. Mayor Pro-tempor ex announced that this was they: day and hour set for a public heari.n.g on an appeal to the denial by the Planning Commission of ,area Variance, 67-41 on property located on the northwest corner of Beach Boulevard and Aldrich Street, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Area Variance No. 67-41, as published in the Huntington Beach News on August 10, 1967, setting the hour of 7 a3C PG a , or as soon thereafter as possible, on Monday, the 21st day of August, 1967, in the Council. Chamber of the Civic: Center, Huntington Beach s California, as the; tine and place for a public hearing for the purpose of € onsidering an appeal to the denial by the Planning Commission. Of Area Variance 67-41 to regulations of they Districting Ordinance,, to peermil a canopy for a car wash to encroach to within 25 ft � of the front property lines in deviation to the required 50 ft� setback, The Clerk inforraed the Council that they had been. provided with copies of the Planning Secretary's transmittal recommending denial, and stated that he had received no communications or written protests other than the letter of appeal. F Mayor Pro -tempos declared the hearing open.,, Maas r Effie Neiderhiser, 1721.1 Nichols Street, City, addressed the Council, and expressed her opposition to the encroachment., Mrs Roger Slates, 1701. Main Street, City, addressed the Council and demonstrated by use of pictures the desirability of the encroachment IS opposed to the gas pump situation in front of the building. lira Bob Wilson, owner of the car wash, addressed the Council and told them of they necessity of the building being situated in this manner to ac o .date the traffic flow through the car wash. There balm; no one further to speak on the matter, and there being no further pretests filed, either oral or written, the hearing was closed by the Mayors Following considerable discussion, Councilman Gisler made a motion to overrule the Manning Commission and approve the Area Variance. This emotion was withdrawn before being put to -a vote On motion 'by Kaufman, Council deferred ,any decision on this item until the adjourned meeting of August 28, 1967 Motion carried RECESS Mayor Pro-terepore Green evall.ed a recess of the Council at 10,30 PM. Council was reconvened at 11.05 PM� by the Mayor Pro-terapore ..,. � _6 .TEEN CHALLENGE Rev. Dolan, of the Calvert' Baptist Church, addressed the Council and told of the warier the Teen Challenge was doing with the youth that are populating the downtown area. They have opened an establ.ishraent at 1.1.6 Main Street and are serving refreshments to those that wish to come into the shop, Page #15 - Minutes - August 21, 1967 Mr. Don Matison., arana er of the 'lean Challenge in Huntington beach, addressed the Council and informed them of the purpose of the organization and of the good they are dosing in the downtown area. Council informed the people representing Teen Challenge that they should complete and submit a business license application for staff study and that the Staff of the City would help them in any way possible. Where was no Faction taken on this matter. OIL BONDS r. James pa Young, Attorney representing the Independent Oil Operators, addressed the Council and presented, a fora for an oil well bond which he stated was acceptable to his clients. He urged the Council to consider the substitution of this bond for the one presently being used.. City Attorney Dale Bush advised the Council that, in his opinion, only. an oil well bond containing a non -cancellable clause would protect the City's interest, and he recommended rejection of the proposed bond.submitted by the Oil operators. Mr. A. C a Marion and Mr. Don Fairbanks addressed the Council to urge that the proposed bond developed by the Oil Operators Attorney be adopted by the Cit r Considerable discussion was held by the Council on this matter, with various Councilmen and individuals expressing their opinions thereon. A motion was made by Kaufman that the Attorney be instructed to pre- pare a non -cancellable oil well bond form to cover clean-up and abandonment only, and to eliminate the total compliance clause which is included in the present form. Following the Aa .ing of an electronic vote by the Clark, Mayor pro—tempore Green requested a roll. call vote on the matter, and the motion failed through the following results: AYES. Councilmen- Co6n, Kaufman NOES- Councilmen: Bartlett, Gisler, Green ABSENT. Councilmen.- Stewart, Shipley The Cite .Administrator informed the Council that it world be necessary for them to take certain actions in connection with the establishment of the proposed Parking ,Authority and requested the City Attorney to give an explanation thereof. Page #16 Minutes - August 21, 1.967 ACTIVATIO, OF PARKING AUTHORITY `fie City Attorney pointed out that under Section 32650 of the Streets and Highways Code a Parking Authority exists in each city in the static but that under Section. 3 651 the authority shall not transact any business or exercise any powers un-less and until the City Council by reoiutiou�, declares that there is need for the authorit,y, to funst-lon in the city The City Attorney also pointed our that the Parking Authority, once it is Sao activated, is a public corporation separate and apart from, the ,pity itself; that ordinarily such Parking Authority is governed by a body of seven members (which governing body is also called the Parking Authority) appointed by the Mayor with the approval of the City Council, but that under Section 32661,1 of said Code the City Council, .s an alternate to the appointment of a separate governing body, may declare itself to be the Parking Authority. The City Council having previously indicated that it desired to activate a Parking Authority and to declare itself to be its governing body, the City Attorney than presented a resolution designed to carry out these desires,, The Clerk read Resolution No,, 2623 by title - "A RESOLUTION OF THE CITY COUNCIL IL OF THE CITY OF HUNTINGTON BEACH DECLARING THE NEED FOR THE PARKING AUTHORITY OF THE CITY OF HUNTINGTON BEACH TO FUNCTION IN SAID CITY AND DECLARING AID CITY COUINCIL TO BE SAID PARKING AUTHORITY." On motion by Coen, Council waived further reading of Resolution No,. 262, and passed and adopted same by the following roll call vote- AYES- Councilmen,., c6en, Bartlett � Gisler, Kaufman, Green NOES- Councilmen-. None AB E'�ffa Councilmen: Stewart, Shipley I/'I RECESS - PARKING AUTHORITY wNr„v.,v,,two„mweWOVN,.Y�,w.a,.�VVtAV.vw:ttt.� � `hh •,V,YimE yam.. Mayor Pro-Tem Green called a recess of the Council at 1�23 A,M., for the purpose of organizing itself as the Parking Authority. The organization meeting of the City Council of the City of Hun.tingto-. Reach acting as the Parking Authority of the City of Huntingtuu Bdch was held in the Council Ch.n ber in Memorial Hall at the. hour of 1-,25 An � with the Mayor in the Chair„ 1. ROLL _ CALL, Present- Members. Coen, Bartlett, Gisler, Katifman, Green Absent i Members, Stewart, Shipley The City Attorney pointed out that Section. 32658 of the Streets and Highways Code provides that when a Parking Authority is activated the Mayor shall designate the first chairman. On` -he other hand where, under Section 32661.1 of said Coda, the City Council declares itself to be the Parking Authority it would be logical and convenient for the Mayor to act also as the chairman of the Parki-ag, Authority, particularly where regular meetings of the Authority are to be fixed for the sane times as regular Council meetings, Page #17 - Minutes - August 21, 1967 There being no objection from the members, the Mayor then designated himself,as the Chairman of the Parking Authority of the City of Huntington Beach and as such retained the chair. The City attorney then ,suggested that the first order of 'business should be to fix the time and palace for regular meetings of the Authority, to appoint the necessary officers and to provide for.use by the Authority of services and facilities of city departments. In this connection. the City Attorney pointed out that Section 32812 of said Code provides that the Authority may use the services and facilities of any department, office or agency of the City upon such tee and conditions as may be approved b the Authority and. the City Conn.eiL 3. CONSIDERATION OF A RESOLUTION. The Secretary gave the following Resolution a reading by title: RESOLUTION NO. l RESOLUTION € F THE PARKING AUTHORITY OF THE CITY OF HUNTINGTON BEACH FIXING THE TIM AND IMAGE OF REGULAR MERTINGS., APPOINTING OFFICERS AND PROVIDING FOR USE OF SERVICES AND FACILITIES OF CITY DEPARTMENTS. The City Council of the City of Huntington Beech, acting as the Parking Authority of the. City of Huntington. Beach, California, does hereby resolve as follows: Section. to That ;regular meetiro of said Parking Authority shall be held every first and third. Monday of each .month at the hour of 4:3 o'clock P.M. in the Council*Chambers in the Memorial Hall,, Sixth and Pecan, in said City, and that _ in all respects meetings of said Parking Authority shall be governed by and he in compliance,with the Ralph M. Brown Act (Sections 54950, et,seq. of the Government Code of the State of California). Except as otherwise provided in the Parking, Law of 1949, the roles of procedure for the City Council as set forth in the Charter of said City shall also apply to the,City Council acting,as the Parking Authority Insofar as such rules can ,he made applicable. Section 2. That pursuant to the designation previously made the Mayor of said City said City, shall act ex officio. as the Chairman of said Authority. Section 3. That the Vice -Mayor of said City shall act e-offi.eio as the Vice -Chairman of said Authority. Section 4. That the City Clerk of said City shall, act ex-offici.o as the Secretary of said Authority. Section. 5. That the City Treasurer of said City shall ,act ex officio as the. Treasurer of said Authority and she >shall keep the moneys f said Authority in the City Treasury but :separate and apart from moneys of the City, Section 6. That the City ,Attorney shall act ex offi.oi.o as the legal advisor to the Authority except that the Authority may employ special counsel to handle specialized legal. work. Such special counsel shall co-operate,with and report to the City Attorney. I 'Z'31311, Pogo #18 - Minutes - August 21 , 1967 Section 7. That the City Administrator shall act o-offlolo a the chief executive officer of said Authority and as such shall be responsible for the administration of such Authority business as by law 1s not required to be directly a&ninistered by this Authority. Section 8N That pursuant to the authority granted by Section 32812 of the Streets and Htgh y't Code, and in. order that there be no unnec- essary du li.catioft of -effort' or expenses the Finance Department, the'Public Wor s ,Department and the Building and Planning Departments of the City shall furnish to the Authority service in' connection with matters within the scope of the normal activities of the particular department, and the Authority may use the facilities of any such departmentd Until the City Couiicll and the Authority determine otherwise such services and such use of facilities shall be: without charge to the Authority. PASSED A10 ADOPTED by the: Parking Authority of the City of Huntington Beach this 21st day of �Augus t 1967 ATTEST S/ Paul C. Jones Secretary 'a Green Chairman Pro Tens. APPROVED AS TOFORM: City Attorney On motion by Bartlett, the Authority waived further reading of Re -solution No. 1, and passed and adopted same by the following roll call vote: AYES. Members: Conn, Bartlett, Gisler, Kaufman, Green NOES- Members- Done ABSENT: Members: Stewart, Shipley The City Attorney presented to the Authority a letter dated August 11, 1967, from O'Melveny & YWers to the City setting forth the proposed tee of e plo iient of Q' elveny & Viers by the City to act as special bond counsel for the issuance of bor ds of the Author ty4 The City Attorney advised the Authority to approve, the terms of said letter and to authorize the reimbursement to the City for all amounts e'ipended by the City in accordance with the terms of said letter, saidreim- bursement to be made from the proceeds of bonds of the Authority,, On motion by Kaufman, the Authority approved the tom of the employ- ment letter of O'Melveny & Nyers to the City, and autb.oriz d. the reimbursement to the Cityfor all costs and expenses incurred by the City in connection wi.th is .'d letter., Page # 19 - Minutes - August 21, 1967 The motion was passed by the following roll call vote AYES Members: Coen, Bartlett, Gisler, Kaufman, Green NOES- Members: None ABSENT: Members: Stewart, Shipley The City .Administrator pointed out to the Authority that the parking program contemplated the acquisition of properties including the railroad rights -of -way reversionary interests now owned by several corporations. He stated that while it would be desirable to acquire these properties by e negotiated. -purchase and sale, he felt at this time it would be appropriate to authorize the institution of con- demnation on proceedings for the required properties in the event that negotiations were not successful The City Attorney advised the ,Authority that it would be appro- priate to adept a resolution authorizing the e.onde nation proceeding described by the City Administrator. 6 r CONSIDERATION OF ,A FFS OLUT I ON The Secretary gave the following Resolution sa reading by title SOLUTION NO, 2 RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF HTINGTON BEACH AUTHORIZING THE INITIATION OF CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTIES NECESSARY AND DESIRABLE FOR USE AS PUBLIC r PARKING TOTS FOR THE CITY OF HUNTINGT N :Ha The City Council of the City of Huntington Beach, acting as the Parking .Authority of the City of Huntington Beach, California, does htrehy resolve as fellows Section 1< That this Parking Authority does hereby.find that it is necessary and desirable in order to carry out the program of the Parking Authority to acquire property within the City of Huntington Beach and improve same in order that it may be used for public parking purposes to acquire reel property now yawned by Southern Pacific Railway Company as successor to Pacific Electric Railway pmpany; and other persona and entities, said property being more specifically described, on Exhibit A attached hereto, �3. S�; c ion, 2 Tha.t tb:e C"it Administrator in7istrator �.s the chief executive "f i.Y�-�?.�i: of the Parking A�?:t hL:'�_A ty Zy�� hereby authorized to negotiate for the iacq .`a.lsftion- of a, id. �,�:� c� '�',.a".�. �,:�}F�, � r�.�-d� L����:5��.-r�.t�C�+a`�YS to `fie subject Sectionby this Authority. 3. That the Cite Attorney as the legal advisor to the .Authority is authorized to initiate condemnation proceedings in the name of the Authority for the acquisition of. said property in the event that the negotiations referred to in Section 2 above shall prove unsuccessful. Page #20 - Minutes - August 21, 1967 PASSED AND ADOPTED by the Parking ng Authority of the City of Huntington Beach this 2 s t day of AaZU2 t , 1967. ATTEST s / Paul C. Jones Secretary :...:..t..-.:::w.ww.w.+w.rww,w�.wwo�>++�w�+o�.�.wvwwwtiwwp�. Chairman FreM APPROVED AS TO FORM KR Dale Bah City Attorney On motion by Gisler, the Authority waived further reading of Resolution o. 2, and passed and adopted saes by the following roll call vote AYES- Members- Coen, Bartlett, Gisler, Kaufman, Gratin NOES 1 Membe rs i None .ABSENT; Members: Steuart,, Shipley 7. ADJOUIaNTMEN There being no further business to be transacted on motion by Kaufman... the organization meeting of the Parking Authority of the City of Huntington Beach was adjourned at 1.28 A.M, and the: Chairman announced that the City Council will immediately reconvene as the City Council. Motion carried At 1028 A�M� the City Council reconvened as the City Council of the Cite of Huntington Beach with the following Councilmen present: Coen, Bartlett, Gisler, Kaufman, Green APPROVAL OF ACTIONS OF PARKING AUTHORT'TY On motion by Kaufman, Resolution Nos. 1 and 2 of the Parking Authority of the City of Huntington Beach were approved, Motion carried. 42-- %1T OF tom. �.K........�.�.�m.�.K...m...�.,,........,.....>....w:..,.. ........ ....:...... On motion by Gisler, Councilman Kaufman was granted permission to be out of state for the period from August 31, 1967 through September 1.1, 1967. Motion carried, q1 ,REgUEST Mr. Joseph Ferro, Gothard. Street, City, addressed the Council to introduce members of the Property tears Protective League, a new citizens organ- ization in the City. Mr. Farm requested. that Council directed the furnishing of an agenda packet to their organization in the same form as that sent to Councilmen. and Staff, Page # 21 - Minutes - August 21, 1967 On motion by Kaufman, the request of Mr. Ferm was referred to the City Administrator to handle. Motion carried, On motion by Kaufman, the regular meeting of the City Council of the City of Huntington Beach adjourned to Monday evening, August 28, 1967 at 7:00 P.M. Motion carried. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Leach, California ATTEST: