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HomeMy WebLinkAbout1967-11-06ITTE S Council Chamber, Civic Center Huntington Beach, California Monday, November 6. 1967 Mayor Shipley called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 P.m. The Pledge of Allegiance was given by all present in the Council Camber, The Invocation was given. by Reverend dames- Cal-ey, Minister Ste Wilfr d's Episcopal Church ROLL CALL Councilmen Present: Coen, Bartlett, Shipley Councilmen Absent: None Gisler, Kaufman, Stewart, Green, On motion by Bartlett, the minutes of the regular ,adjourned meeting of October 23, 1967, were approved and adapted as prepared and mailed by the City Clerk. Motion carried. UV 67m58 -_ CONDITIONAL __EXCEPTION W TUSTIN VILLAGE INC The Clerk presented a transmittal from the. Planning Department of Conditional, Exception m LRT 67-58 - Tustin Village Incorporated, on, property located on the .mat aide of Bualard Street, approximately 6.00 feet south of Hamilton Avenue. The Planning Commission recommended approval with conditions. On motion by Bartlett, Council directed the City Attoniey to prepare a Resolution approving V 67-58 with conditions as stipulated by the Planning Commission. Motion carried. FINAL TRACT mp 6334 m DUTCH_ HAVEN HOMES The Clerk presented a transmittal from the Planning Diredtor submitting final form of Tract Map 6334 for adoption as follows: Developer: Dutch Haven Roues; Location- south of, Edinger Avenue, 514.77 feet west of _ Bolaa Chica Street; Acreage- 1..51 ; Lots: S; that the map had been certified 'by the Director of public Works and the Secretary to the Planning Ccumlasicn to be true and correct in accordance with provisicals of the City Subdivision Coda. 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 shall be withheld pending the submittal and completion of the enumerated requirements. Page: #2 - Mi.nut:es - November 6, 1967 i., Deposit of fees for eater, sewer, drainage, engineering and inspection. 2. Bend for improvements. 3. Signature of agreement, �•tl Certificate of insurance, .5 Approval from the County Surveyor, a Bond for monuments. 7 „ Deed for underground water rights Approval of this map shall not be effective until the City Council has approved zoning; that will implement the proposed land use The Clerk presented a letter from oorheis-Tr nd.le-Nelson, Inc, req�.,esting acceptance at this time rather than conformance with Condition 48 of the Planning Commission, r� Jack Horner, representing Dutch Haven Homes, addressed the Council and stated reasons for the request for immediate acceptance of Final Tract t Map 6334 without meeting the requirements of Conditions No. in the Planning Commission's recommendation, On motion by Kaufman, Council accepted offers of dedicati o-a as shown on Final Tract Map 6334, and adopted the map subject to all the conditions ,t'�.pulav,ed by the Planning Co=. ission, i.ncl��.di g Cc�nda.t�.€�n ���� M�ti_€�n ca�rr i�d CC-055 NOTICE -OF COMPLETION - SIGNALS she Clerk. presented a communication from the Director of Public Works staring that work on si naliz tion of Main Street at Fifth Street, Springdale Street at McFadden Avenue, and Warner venue at Algonquin Street, had been satisfactorily completed, and recommending that Council ayt. accp�he work an Project CC-055 On motion by Stewart, Council accepted the work on project CC-055 completed by Steiny and Mi.t. hel;, and directed the Cite Clerk to file a Notice -i Completion with the Orange County Recorder, Motion carried. TRACT 6355 - SUBDIVISION AGRE NT - H LEN INV CC 'die CIerk presented a transmittal from the Director of Public Works of on,-:.ament bond, 'Improvement Bond and Subdivision Agreement for Tract 6355 Helen. Investment Company. ,,an motion by Green, Council. accepted Monument Bond No. 584338 and Improve- ment Bond. No, 584337 - General. insurance Company of America; approved -he Subdivision ion. Agreement for Tract 6355, and authorized the Mayor and City Clerk to execute: the document an behalf of the Cite Motion. carried, TE.ACT 6354 - SUBDIVISION AGREEMENT - HELEN lNVESrg CCU T'h Clerk presented a transmittal. from the Director of Public Works of Monument- Bend, Improvement Bond and Subdivision Agreement for Tract 63.54 '�-"el en In &.s tment Company, ")n motion by Green, Council. accepted M.onumptat Bond Noy 584338, Improve eny. pond No, 584337 - General Insurance Company of America; ; approved the Subdivision Agreement for Tract 63.55, and authorized the Mayor and City Clerk to execute the document on behalf of the Cityq Motion carried, 1 ',11< Page #3 - Minutes - November 6, 1967 TRACT 6445 - SUBDIVISION AGREEMENT m RALB A SAVINGS .Cvi�t�n.���„«,�:.mvr •en.�m .K.:� •� � w..va�a+«•..+a �vwwn. .. The Clerk presented a transmittal front the Director of Public Works of Monument Bond, Agreement -in -lieu of Improvement Boyd, and Sub- division Agreement .for Tract 6445 - Balboa Sayings. Can motion by Green, Council accepted Monument Band No. 912993; approved the Agree ent-in-lieu of Improvement Bond and Sudivision Agreement, and. authorized the Mayor and City Clerk to execute the documents on behalf of the City, Motion carried TRACT 5894 m DEDICATION OF IMPROVEMENTS The Clerk presented a communication. from the Director of Public Works recommending acceptance of dedicated improvements, authorization for release of the improvement and Monument Bonds, and termination of the Subdivision Agreement in Tract No. 5894 - Covington Brothers. On rpotion by Stewart, Council accepted improvements dedicated for public use in Tract 5894; authorized the release of Improvement and Monument Bosch and termination of the Subdivision Agreement; and directed that the developer be notified by the City Clerk and the bonding company be notified by the City Treasurer. Motion carried. E 91JEST FOR PAYMENT - QCFCD The Clerk presented an invoice from the Orange County flood Control District', requesting payment in. the amount t o $22, 997.61 as per Betterment Agreement No. RA 66 D01-274s dated December 13, 1966 This agreement guaranteed the City would share the cost of improvements on Atlanta Avenue .at the Huntington Beach Channel Ddml On motion by Bartlett, Council authorized the liay ant o$22,997.61 o the Orange County Flood Control District as per Betterment Agreement o. EA 66 DOI-274, Motion carried by the following roll call vote-, AYES- Counc-ilmen . Coen., Bartlett, Gisler, Kaufman, Stewart, Green,, Shipley NOES Councilmen: 4 Nona ABSENT,. Councilmen: Nona CROWN' FENCE - PAYMENT - CSC; -074 The Clerk presented a communication from the Director of Public Works recommending payment to Crown Fence and Supply Company for work performed on the Slater Avenue Chain Link Fence Project in connection with project CrC -074, and read Resolution No. 2651 by title - "A RESOLUTION OF THE CITY COUNCIL CAE HUN°Z`INGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAIN —AGE DISTRICT NO. 9 FUND." On motion by Coen, Council waived further reading of Resolution No. 2651, and passed and adopted same by the following roll call vote AYES: C ounci.l en a Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES- Councilmen. Nome ABSENT: C ouncil.me3a- None Page 4- Minutes November 6, 1967 y l C�h BID AWARD - CC-080 STORM DRAIN FACILITIES The Clerk read a co=iunication from the Director of Public Works stating that bids for the construction of reinforced pipe storm drains, catch basins and appurtenances on 7th Street, Kim Lane and Frankfort Street B had been opened at -00 . tt , on Monday, November 6, 1967, in the Council Chamber by the City Clerk., City Attorney and the Director of Public Works, and that Lomar Corporation, Huntington Bead., was the low bidder with a bid in the amount of $19,965.M Mrr Wheeler racormiendad that the! Council award the bid to Lo ar Corporation, and reject all other bids � The bids submitted were as follows: Lomar Corporation, Huntington Beach $19,965.80 Mcni.z Pipeline Co E , Huntington Beach $ 0, 7 9 ¢6 City Construction Company, Covina $21,665.80 G. W Share Construction, Yucca Valley $22,278.90 Santa Ana Valley Contr � , Santa Ana y 2, 285.55 avala Construction Co., Torrance $24, 9 a45 On motion by Green, Council awarded the contract for Project -080 to Lamar Corporation, Huntington Beach, the lowest responsible bidder, for the bid in the amf, ant of $1 , d5.80 k rejected all other bids and directed the Clerk to notify the unsuccessful bidders. Motion carried, BID Ayv - INFORMAL - CLEANUP CITY OWNED LOT The Clerk presented a conm.nic_ation from the City Administrator trans- mitting the informal bids for the cleanup of City owned lots as presented in the survey conducted by the Oil Superintendent-. Bruce Bros, Yoder & Sons O'N3'eil Tractor C-h& mot -ion by Stewart, Council accepted the low bid and authorized the Mayor and City Clerk to execute an Agreement. Motion carried. i NO 2 -67 -_ AMES P KOTSYBA : The Clerk presented a claim fried by Attorney Andrew P. Katnik on behalf of James P. Kotsybar, for alleged personal. i.njuxi.cs received in a fail at the Goldenwest College swimming pool, Qn motion by Bart:lptt, Council denied the clam filed for James pa potsybar and referred same to the City Attorney and the i,ty's insurance C Mation carried The Clerk presented a claim from J. Gordon Stebbin ,s for alleged damages O a camper caused by a tree limb extending into plain. Street. On motion by Bartlett, Council denied the claim filed by J9 Gordon 'Stebbi-. s and referred same to the City Attorney and the Ci.ty's insurance carrier. Motion carried. ` .lSN Pogo #5 - Minutes - November 6, 1967 41Y. CLAIM NO 28-67 - DOUGLAS AIRCRAFT CO The Clerk presented a claim from Douglas Aircraft Company for alleged damage to a road under construction extending from Springdale to Able Lanes due to sheet flow of water on adjacent land, from a City water well. On motion by Bartlett, Council denied the claim filed by Douglas Aircraft Company, and referred same to the City Attorney and the Clty's insurance carrier. Motion carried, 0 4( CLAIM NO 29-67 - ROBERT & GE RGE McCRACKEN The Clerk presented a claim filed by Attorney John A. beep on behalf of Robert James and George McCracken for .alleged personal. and property damages due to a collision with a City vehicle. On motion by Bartlett, Council denied the claim filed for Robert James and George McCracken,, and referred same to the City Attorney and the Cityls insurance carrier. Motion carried. ,lY TALBERT WAFER DISTRICT Councilman Gisler requested that the Attorney for the Talbert Water District, who was In the audience,, should be recognized and given an opportunity to say a few words concerning the election activities of that committee. . Rodger Howell, Secretary and Attorney for the Talbert Water District, addressed the Council and requested that the Council avoid taping > any action on the matter until a meeting had been held by the District Directors, Council, and other interested parties. Mr. Joseph Boyle inquired, of Mr. Nowell if January first was the deadline to present a petition to the Local ,Agency Formation Committee requesting the de -annexation of property from the district, and fir$ Dowell informed him that this was prob2bly the case. No action was taken on the matter at this time ilI ZZ ORDINANCE NO 1358 - DEFERRED - ENTERTAINMENT PERMITS The Clerk reed Ordinance No. 1358 by title m "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HTNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE RELATING TO ESTABLISHMENTS HAVING LIFE ENTERTAINMENT AND ALL ESTABLISHMENTS HAVING ON -PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES; AMENDING SECTIONS 9430.5, 9451 AND 9890. (Code Amendment No. 67m:L4) ," The Clerk read a letter from the Chamber of Coerce legislative committee opposing Section 9890 (b). Following considerable discussion and on motion. by Kaufman, Council deferred Ordinance No. 1358 until the next meetings Motion carried. Page #6 - Minutes - November 6, 1967 11HAE 59 - avorTED - UR The Clerk gave Ordinance No. 1359 a second reading 'by title - ''AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO CODE ANENDHENT NO 67-15 - "0" Combining Oil District; AMENDING SECTIONS 9686 AND 9686A OF THE HUNTINGTON BEACH ORDINANCE CODE.'' On motion by Bartlett, Council waived further reading of Ordinance No. 1359 and passed and adopted same by the following roll call vote - AYES: Councilmen: Coen, Bartlett'' Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen'. N`,.)n.e ABSENT; Councilmen; None Q, `6RDI NCE NO 13 - ADOPTED - ZQ 67-17 The Clerk gave Ordinance No. 1360 a second reading by title ''AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO-ZOVE CASE NO 67-17; AMENDING SECTION 9161.1 OF THE HUNTINGTON BEACH ORDINANCE CODE." On motion by Green, Council waived further reading A Ordinance No. 136D, and passed and adopted same by the following roll call vote: AYES; Councilmen; Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES; Councilmen: None ABSENTv Ccuncilmenz None ORDINANCE NO 1361 - FIRST READING - BC 368 The Clerk gave Ordinance No, 1361 a first reading by title - ''AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO ZONE CHANCE NO, 268; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REELASSIFYING DM-40 (Sectional District Map 36-5-11)«" On motion by Bartlett, Council waived further reading of Ordinance No. 13W When put to a vote, the motion passed unanimously. AN-1. ORDINANCE NO 1362 - FIRST READING - WARNING LIGHTS AND BARRICADES The Clerk gave Ordinance No. 1362 a first reading by title - ''AN CYRDINATIGE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO WARNING LIGHTS AND BARRICADES; REPEALING SECTION 7228 AND ADDING ARIICLE 703 AND SECTION 7031 TO THE HUNTINGTON BEACH ORDINANCE CaDE.'' On motion by Gisler, Council waived further reading of Ordinance No. 1362» When put to a vote, the motion passed unanimously, QV - /V/ !YRDINADJE 140 1363 - SIGNS - DEFERRED The Clerk read Ordinance No. 1363 by title - ''AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO SIGNS; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 8693 AND 8693 (1) THEREOF," 110C, Page #7 m Minutes - No-vember 6, 1967 Following considerable discussion, Councilman Kaufman made a motion to amend the Ordinance to include a provision that the sin permit for the subdivision directional sign be limited to the life of the subdivision sales by the developers the motion was withdrawn before being put to a vote On motion by Kaufman, Council waived further reading of € Odin ice No. 1363. When put to a vote the motion gassed unanimously. On motion by Kaufman, Council forwarded said proposed amendment t the gleaning Commission for further study. Motion carried. 42 / ORDINANCE NO 1364 - FIRST READING - ZC 67-2 The Clerk gave Ordinance No. 1364 a first reading by title - "A ORDINANCE OF THE CITE' COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO ZONE CASE 67-25; AMENDING THE HUNTIN TON BEACH ORDINANCE CODE BY RECLASSIFYING D -24 (Sectional District Map 1-5m11)." On motion by Green, Council waived further reading of Ordinance No. 1364. When gut to a vote the motion gassed unanimously. r —/ Icy, ORDINANCE 1365 - DEFERRED m FEES ON REFUSE _COLLECTION The Clerk read Ordinance No. 1365 by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITE` OF HUNTINGTON BEACH RELATING TO FEES ' ON REFUSE COLLECTION SERVICE; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 3 21.3 , " On to motion by Kaufman, Council deferred action on Ordinance No. 1365 a future meeting. Motion carried. The Clerk gave Ordinance No. 1365 a first reading by title m "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH. AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY .AMENDING SECTION 9700 RE -DEFINING MOTELS TO PEST 5% OF SLEEPING UNITS TO HAVE KITCHENETTES AND ,ADDING SECTIONS 9251.2.1 AND SECTION 9471.1 (c) RELATING TO LOCATION AND ACCESS." On motion by Bartlett, Council waived further reading of Ordinance No. 1366. When gut to s vote, the motion gassed unanimously. 7- ORDINANCE NO 1367 - FIRST READING - WALL gUIR�N°S The Clerk gave Ordinance No. 1367 a first reading by title m BEAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO WALL REQUIREMENTS FOR PROFESSIONAL, Q,249RC L AND INDUSTRIAL USES; MENDING SECTION 9730.17 OF DIVISION 9 OF THE HUNTIN TON BEACH ORDINANCE CODE." On motion by Stewart, Council waived further reading of Ordinance No. 1367. When gut to a vote, than motion gassed unanimously. Page #8 - Minutes Q November d, 1967 Al ORDINANCE FIRST READING � VEHICLES FOR HIKE The Clerk gave Ordinance No. 1368 a first reading by title - ''AN OR ITANGE OF THE CITY COUNCIL OF THE CITY OF HUTIN TflN BEACH REPEALING CBAPTER 68 OF THE FU INGTON BEACH ORDINNIASE CODE AND ALL SECTIONS PERTAINING THERETO, AND ADDING NEW CHAPTER 68, AND SECTIONS THERETO, RELATIVE E TO TAXICABS AND VEHICLES FOB. HIRE. ae On motion by Gisler, Council waived further reading of Ordinance No. 1368, When. put to a votes the motion passed unanimously, RESOLUTION NO 2653 , G. DEFERR1D- STATE SIGN PERMITS The Clerk. read Resolution No. 2653 by title - ''A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH. RELATING TO APPLICATION FOR STATE SIGN PERMITS," Councilman. Bartlett made a motion to waive further reading of Resolution 265.E and adopt; however, following a recounen.dation by the Director of Building and Safety, the motion was withdrawn prior to being voted upon, u action by Kaufman, Council deferred action on Resolution No. 2653 untilthe meeting of November 20, 1967. Motion carried RESOL T1014 140 2652 - ADOPTED - COMMEREIAL BANS - BONDS The Clerk read Resolution No. 2652 by title - V RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEFT NGTON BEACH SUPPORTING THE PASSAGE OF SB-1306 PERMITTING CONNiERCIAL BANUS TO UNDER ATE AND DEAL WITH MUNICIPAL REVERE BONDS, " On motion by Coen, Council waived further reading of Resolution No. 265 and passed and adopted same by the following roll tali. vote AYES: Councilmen: Como Bartlett, Gisler, Kaufman, Stewart, Gratin, Shipley NOES: C ounc J. linen K None ABSENTY Councilmen; done RESOLUTION NO '2650 - ADOPTED - DRAINAGE AREA 9 The Clerk read Re8cln ion W 2650 by title - A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM TEE DRAINAGE AREA NO, 9¢" . motion by Coen, Council waived further reading of Resolution No. 650 and passed and adopted same by the following roll call vote: AYES: Councilmen; Coen, Bartlett, Gisler, Kaufman, Stewart, Grean, Shipley NOESs Councilmen: None ABSENT: Councilmen: Nona INFORMAL MEETING Mayor Shipley called an informal meeting of the Council with property o -iers and commercial representatives in the downtown area, for Monday, January 8, 1968, to discuss the problems related to the area. Page #9 m Minutes - November 6, 1967 RECESS Mayor Shipley called a recess of the Council at 5 a55 P.M. Council was reconvened at 7�30 P.M. by the,Mayor. L.i FAQ WEST FINANCIAL CORD PROPERTY PROPOSAL .tnvrvn�v.v�va.n�a �oaxw The City Administrator informed the Council that the Far West Financial Corporation was ,still interested in purchasing the City's eleven postage stamp lots in the area west or Goth.ard Street and north of Slater Avenue. He stated that this corporation had also offered to sell their interest in this property to the City. On motion by Stewart, Council referred this matter to the City Administrator for further study. Motion carried. �7 tom, RIGHT OF WAY RELI gUISNT The City Administrator informed the Council of a communicAtion he had received from the Stag Highway District VII of relinquishment of a portion of state highngay right-of-way being completed to state standards as a frontage road on they east side of Beach Boulevard and south of Atlanta. The Public Works Department had no objection to this relinquishment. On motion. by Kaufman, Council accepted the recommendation of the City Administrator and registered no objection to the relinquishment by the State of a portion of state highway -right-of-way. Motion carried. MOTORCYCLE RENTAL LICENSES maac.�wcvv..ea.:e: The City Administrator informed the Council that it was the intention of his office to grant a license to operate motorcycle rentals at the corner of Adam Avenue and Magnolia Street subject to certain conditions. The Administrator stated that Section 4104.1.5 of the Huntington Beach Ordinance Code should he amended so that this type of business license could he handled in the future by the staff. O motion by Kaufman, Council directed the City Attorney to prepare_ an Ordinance amending Section 410 .lay of the Huntington Beach Ordinance Code. Motion carried. f'd RAILROAD CROSSING AT EDINGER AVTNUE The City Administrator informed the Council that the Public Works Department had negotiated the purchase of additional right-of-way to improve the Southern Pacific railroad crossing at Edinger :Avenue. On motion by Greet, Council authorized the purchase of the right-of-way. at a cost of $2,4 2.00 by the following roll call vote AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES- C ounc: i_ lmen None .ABSENT Councilmen: Norte Page #10 m Minutes - November 6 4 1967 i 3. -3 DELA11,LARE -LAKE - FENCING On motion by Green, Council directed the Department of Building and Safety to proceed with the fencing of the Delaware lake area, subject c: the City getting cooperation of the other property owners concerned, Mot -Ion carried. ,PROPOSED BALL(�T MEASURE - CHAPTER., Thc: City Attorney discussed the placing of the -matter of an elected Treasurer, Clerk and Attorney on the ballast for the next municipal election, r,, 17o8eplh Perms, representing the Property naers Protective League, addres8ed the Council and stated his opposition to making elected officials appointive. a motion by Stewart, Council authorized the appointment of Mr. Harry i'1'lianis of Burke, William and Sorensen, to assist in the preparation of said measure for the next municipal election, Motion carried, ;_ ELECTION DAY AtM K'QIffN The ity Clerk discussed with the Council the possibility of € tinging the day of the municipal election to another Tuesday in. the month of April, and. also discussed the feasibility of testing an IBM Voting procedure at the next municipal erection. i motion by Coen, Council referred this matter to the City Administrator for further study, Motion carried. # q PACIFIC LIGUILING AGREEMENT Thie City Administrator presented, a request. from Pacific Lighting Company for permission to install three magnesium cylinders on the south edge of Murd} Park, Those cylinders would be buried underground and connected to their gas main by wire in order to afford cathodic protection for their gas main in Goldenwes t Street. On mot -ion by Stewart, Council approved the request of Pacific Lighting cmpany to install three magnesium cylinders in Murdy Park, and authorized the Mayor and, City Clergy: to execute the agreement: on behalf of the City Motion carried. s )y SIGN-6,LS - MIN AND OCEAN The City Administrator informed the Council that due to the development of the restaurant at the entrance to the pier, the Public Works Depart- ment wishes to modify the traffic signals at Ocean Avenue and Main. Street, The estimated cost of the project is 6 0� On iru ton by Bartlett, Council granted the request of the Public Works Department to modify the traffic signal at the corner of Ocean Avenue and Main. Street, and authorized the Director of Public Works to accept informal Lida and award the project to the lowest bidder, Motion carried, Page #11 m Minutes - November 6, 1967 1~ BUS BENCHES - PURCHASE AUTHORIZED The City Administrator prevented a communication from the Plan-ning and Public Works Departments recommending that the Cite acquire twelve B-1 2 " x 72" benches manufactured her H. , D. Cowan and Co., Incorporated. . motion by Gisler, Council authorized the purchase of 12 bus benches at the price of $ 5 per bench, by the fallowing roll call vote AYES r Councilmen,. Coen, Bartlett, Gisler, , Kaufman, Stewart, Green, Shipley NOE p C a3unc i lmen Hone ABSENT- Councilmen: Hcnc ASSEMBLY CMMITTEE ON INDUSTRIAL RELATIONS On motion by Stewart, Council , authorized the City Administrator and any Councilman to attend the meeting of the Assembly Committee on Industrial Relations in Sacramento on, NaVemher 20th, 1967, with reasonable expenses allowed. Motion carried. F Ii,HdAD RIG11T OF WAY - ZONING The City Administrator informed the Council that the appraiser'who is 'working on the appraisal of the Southern Pacific Right -of -Way from First Street to Highway 39 has requested advice on whether Council intended this to be strictly a Shoreline Zone or Highway € riented' Commercial, On motion by Kaufman, Council determined that the interpretation o the Shoreline zone is for recreational uses only and as such does - not -include Highway Oriented Ccnmv.�rcial Uses. It is their intent that they will not permit Highway Oriented Commercial in this z ap m Motion carried. RANGE COUNTY HARBOR DEPARTMENT The City Administrator reported to than Council that negotiations between the City and the Orange County Harbor Department for the adoption of a joint powers agreement, had come to a standstill after almost a Fears efforts. Mr. Miller informed the Council that, he was requesting guidance from their honorable body concerning the steps to be taken at this time A motion was made by Councilman: Stewart that the City Attorney prepare the necessary documents for the City to proceed its requesting approval by the Local -Agency Formation Commission of de -annexation of property within the City from the Orange Count Harbor Department; and directed that a copy of this action be forwarded to the Orange County Supervisors. Motion. carried, PUBLIC HEARING - ZONE CASE NO 67-26 - APPROVED Mayor Shipley announced that this was the day and hour sat for a public hearing on Zama Case No. 67-26, on property located on the southeast corner of Brookhurat Street and Garfield Avenue, and directed the Clerk to ,read the legal notice. Page, j4fI!12 - Minutes - November 6, 1967 The Clerk read notice of public hearing on Zone Casa Now 7-26, as published In the Huntington Beach Naves on € ctober 26, 1967, setting the hour of 7.30 Pe a , or as soon thereafter as possible, on Monday, ,-he 6 th day o f Novemberber , � �� � � �� ���Counc l l �� �� � o f ��� � �� c Ce,�n er, Huntington Beach, California, as the tide 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 C1 Neighborhood Coamiercial District to C4 Highway Commercial, District, with a 50 foot setback from he ultimata right -of -wage ` tti Clam: informed the Council, that they had been provided with copies cf the Planning Secretary's transmittal, recommending approval,, and stated that. he 'had received no communications or written protests to Zone Case No. 67-26 Mayor Shipley declared the hearing open, There being no one present to speak on the matter, and there being n protests filed, either oral or written, the -hearing was closed by the Mayor. On motion by Kaufman, Council directed the City Attorney to prepare an Ordinance effecting the change of zone in Zone Cann Nap 67-26, Motion carried, 76 .�� 4� Mayor Shipley announced that this was the day and hour set for a public hearing on Code Amendment No67-11 , and directed the Clot: to read the legal notice,, The Clerk read notice of public hearing, an Code Amendment No. 7-11, as published in they Huntington. Beach News on October 26, 1967, setting the hour of 7:30 pw a , or as soon thereafter as possible, can Monday, th6 6th day of November, 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 proposed code amendment to regulations of the Districting Ordinance, to permit: unencl.oaad and full, ventilated screened -in patio € avers to be € ons ructed to within five (5) feet of the rear property line, and that said patios shall be considered as part of the required open. space. The Clerk informed the Council that they had been provided with copies of the Planning Secretary's transmittal., and stated that he had received no c oiiuiunications or written protests to Code Amendment Neva 7-11, or to the re co=- endation of approval of the Planning c--irmi.ssion. Mayor Shipley declared the hearing open� Where 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 Coen, Council approved Code Amendment 67-11, and directed the City Attorney to prepare an Ordinance amending the Huntington Beach Ordinance Code, Motion carried. F­_ Page #13 - Minutes - November 6, 1967 PUBLIC HEARING.- CODE AMENDMENT.67-18 - APPROVED Mayor Shipley announced that this was the day and hour set > € r a - public hearing on Code Amendment , o. 67-18, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Code Amendmef.t No. 67m18-, as published shed in thy: ' Hunti.n ton Beeoh News on October - 2 , 1967, setting the hour of 7< 0 P.M., or as soon thereafter as possible, on Monday, the 6th day of November, 1967, in the Council Chamber, Civic Center, Huntington Beech, California, as the time :and- place for a public hearing . for the purpose of considering a, proposed Code Amendment to Division , 9 of the Ordinance Code, pertaining to the following 1. To permit a maximum height of eight (8) feet for fences, walls and hedges in the RI Single Family Residence District -when abutting commercial, professional, . industrial or open public land. 2. To require physi_eal=protection from vehicle ,damage for fences in off -street. -parking areas. s The City Clerk informed the Cot ci.l. that they,had been provided with copies of the planningSecretary's transmittal, and stated that he had received no communications or written protests to Code Amendment 67-18, or to the recommendation of approval of the planning .Commiesion. Mayor Shipley 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 Mayon. n motion by Bartlett, Council approved Code Amendment No. 67-18, and directed the City- Attorney to prepare an Ordinance amending the Huntington Beach Ordinance Code. Motion carried. Vt. ra';II:RC USE -WAR1.;`3k%V, E NO 7'°°' 54 .�.� A 1:.CC"A.�.�� .w avtwooaxwvx� wow wwpwzz..wza <....�.�zzaza�. �w. Mayor Shipley announced that this was the day and hour set for e continu- ance of a public hearing on Code Amendment No. 67-54. Mr. Jack Mundy, representing Mundy Industrial park, .addressed the Council and requested Coa cil's approval of the Use Variance. He stated the Industrial area needed a restaurant to ,serve the employees working. there. Mr. Jim Growl, representing ,Cold el:l , Hanker Company, addressed the— '. Council and stated manufacturers in the area were enthused about the coffee shop, He presented letters from Pedigo Products, Inc.,.Vanlde Publishing, Company, Lorge Engineering -Company, and Planning Research'` Corporation expressing them' feelings to the possible location of the restaurant. Councilman Coen made a motion to sustain the derision of the Planning. Commission and deny the Use Variance. When past to a vote, the motion failed Page #14 = Minutes m November 6, 1967 n action by Green, Council overruled the decision of the Planni € ommission and approved he appeal. on Use Variance, and directed the Attorney to prepare a Resolution approving Use Variance No. 67-54. Motion carried, PUBLIC11EARING - ASSESSMENT DISTRICT NO 6403 - NEWMAN AVENUE Mayor Shipley announced that this was the day and hour sat for a public hearing to hear protests on proposed assessments in Assessment District No. 6403 for construction of curies, gutters, driveways, and pavement, in. Newman venue fray. 1 3' west of Beach to 1 28 ' west of Beach, and directed the Clerk to read the legal. notice, The Clerk read notice of public hearing as set forth in. the "Notice of riling of Assessment and Time of Hearing Thereon" - Assessment -- District No. 6403, as published in the Huntington Beach News on October 19, 1 67 and October 26, 1967, setting, the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 6th, day of November, 1.9 7 p in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public: hearing for hearing protests to the assessments made and to the work done in Assessment District No. 64,03. The Clerk presented the "Affidavit o 'Posting of Notice" and the "Affidavit of Mailing Notices" to all property owners included within said district, Mayor Shipley declared the hearing open The City Clare informed the € ouncil that he had received no written protests to the assessments in Assessment District Rori 6403. The Mayor stated that Council would hear and act on oral protests, and that Council is not waiving legal requirements that such objections mmast be in writing and must be filed by November 5, 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. The Clerk read Resolution No. 2649 by title - "A RESOLUTION OF THE CITY O'OU CIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CONFIRMING ASSi SSME n ASSESSMENT DISTRICT 6403," On motion by Coen, Council waived further reading of Resolution o"- 2649, and passed and adopted same by the following roll call vote ,AYES, Councilmen- Coenk Bartlett, Gisler, Kaufman, Stewart, Green., Shipley NOESCounc ilinen n None A EN'T ° Councilman a None REC ES S Mayer Shipley called a recess of the Council at 9J7 Pain Council was reconvened at 9 � 43 z � by the Mayor a Page #15 w Minutes - ovember -6'. 1967 � 7 NOTIFICATION OF HEARING - FREEWAY ROUTE The Clergy presented a communication from the State of California Division of Highways notifying the City of a public hearing set for Friday, December 1, 1967, at 10>00 A.M. in the Huntington beach High School Auditorium. . motion by Coen., Council received eived the letter from the State Division of Highways and ordered same filed by. the Clerk. Xotion. carried. `%' The Clerk presented a letter from Mr. T. E. Robertson, 627 Griswold Avenue, San Fernando, California., requesting,permission to p&Lnt house numbers on curbs in the City of Huntington Beach. The Clerk also presented a letter from Mr. R. Russell Olin, Ord County Director for the 7th Step Foundation, requesting ,permission to paint the house numbers on the curbs in front of his in Huntington Beach, Mrs Russell Olin addressed the Council and informed them of the 7th Step Foundations purpose to help under -privileged youths in the, County, and stated this project would he on, a donation basis. Ota motion by Coen, Council denied the request from T. E. Robertson, San Fernando, to paint house numbers oA curbs in the City. Motion carried. On inotion by Green., Council referred the request from the 7th Step Foundation to the City Administrator to handle. Motion carried PRELIMINARY CENSUS REPORT The Clerk presented a letter from Jane Fa Cheatum, Special Census Supervisor, reportin.g a preliminary census figure of 94,100 residents in Huntington Beach. On motion by Coen, Council received the letter from- Mrs. Cheatum, regarding the October, 1967, preliminary census figure of 94,100, and ordered. same filed by the City Clerk. Motion carried. REgUEST - F F BALDING The Clerk presented a letter from Mr. F.. F. Baldino, representing Mobile World, 19432 Beach Boulevard, requestingpermission to address Council regarding the landscaping and the assembly of the Fountain. and Globe at the above address. Mr. balding addressed the Council and explained the procedure he had followed in obtaining an ,Area -Variance to erect the fountain. and globe in the front of his establishment, and requested Councils approval to place the glows on the top of the fountain, On motion by Green, Council directed the Clerk to set for a public hearing on. Area Variance 67-66. Nation carried. Page #16 .., Minutes November b, 1967 �� '- .? the: Clerk presented a letter from Huntington Harbor Corporation requesting waiver of fees for relocating the Administration Building, This building kad "been previously relocated and the bond for 1000 and the building permit fees were said at that ' idle 4 O motion by Bartlett., Council granted the request from Huntington harbour Corporation requesting waiver of fees for relocation of the Huntington Harbour Administration Building o- Motion carried. 'APPLICATION - ENTERTAINMENT PERMIT The clerk resented a application from u tington Lanes, 19582 Beach Boulevard, for an entertainment permit for a piano or organ bar from. On motion by Coen, Council granted an entertainment permit to Huntingtmi Lees for a piano or organ bar at 19582 Beach Boulevard `for a period not to exceed one year, subject to compliance with the present Ordinance Code regulating taverns, bars, and restaurants- , and Covering entertain- ment in same, Motion carried, LIAO ll N' i Mr,,, Tim De uell , 1011 California Street, City, addressed the Council. and informed them of his disapproval on the adverse publicity the Citv has received over public television concerning the building at 'the corner of Main Street and Duran venue Ma 4EY Mr. Mike ganden, representing Dewey q Rubbish Service, addressed the Council and informed them that his firm had filed an application for Certificate sate of Need and NecessityNo action was taken by the Council. PEDESTRIAN OPENINGS Can motion by Stewart, Council reconsidered previous Council action and reduced the necessary 100' participation in the closing of a pedestrian opening in subdivision wells to a necessary 80%. Motion carried with Councilman Green abstaining from action. r`0 18-1 SUBDIVISION SIGN Mr, Mark Porter, 19842 Providence Lauer City, addressed the Council and discussed the subdivision directional signs in the City. fir. Porter was informed that action had been taken. on this matter in the earlier park of the meetingo /' TALBER1, WATER DISTRICT Councilman Coen made a zaction to direct the Attorney to prepare Resolution to send the Local. Agency Formation Comznission requesting re -organization of the Talbert Water District, to relieve property - owners the tax burden in connection therewith, Councilman Stewart stated he would prefer that Council set a meeting with the District members before taking any action. Page # 1 7 - Minutes - November 6, 1967 Councilman Gout then withdrew his motion. On motion by Stewart, Council set an informal meeting of the Council.as a Committee-of-the-Wholeitogether with the Stiff, the Talbert' 'titer District Board of Directors, and other interested: persons, for Monday, November 27th, 1967, Motion carried. . EXECUTIVE SESSION Council adjourned to an executive session at 10:45 P.M. to discuss personnel matters and pending litigation. Council was reconvened at it -30 P.M. EMPLOY LEGAL COUNSEL LITIGATION On motionby Greece., Council directed the City Administrator to employ additional Legal_ Counsel to assist the City attorney in prepare. appeals in the litigation. involving the building at the corner of Main Street and Ocean Avenue, as outlined in thexecutive Session. Motion carried. ,' , ; PERSONNEL >ACTION .- DIEKOFF O motion by Coen, Council directed that ,effective ' November 16, 1967, Firs o . Betty Di.ekoff be terminated as Trust Officer for th ,City. ,Motion parried. On motion by Coen, Council directed th ,"Ci.ty Attorney to prepare '_a Resolution to eliminate the position of Trust Officer from the personnel allocations. Motion carried.. 'ADJOURNMENT On motion by Coin, the regular meeting of the City Council of the City of Huntington Beach adjourned. Motion carried. ATTEST: 77..-��ta� rt<1 ame City Clerk and ex--cffic o Clerk of the City Council of the City of Huntington Bach, California ------------------ i 0