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HomeMy WebLinkAbout1968-03-04 (6)MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, March 4, 1968 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 those in the Council Chamber. The Invocation was given by Father Videl, Priest at St. Bonaventure Catholic Church. ROLL CALL Councilmen Present: Coen, Bartlett, Kaufman, Stewart, Green, Shipley Councilmen Absent: Gisler (Councilman Gisler arrived at 4:45 P.M.) MINUTES On motion by Bartlett,'the minutes of the regular meeting of February 19, 1968, and minutes of the regular meeting of January 15, 1968, as corrected, and the minutes of the regular adjourned meeting of February 15, 1968, were approved and adopted as pre- pared and mailed by the City Clerk. Motion darried. JACK O'BRIEN — OFFER TO BUY CITY PROPERTY Mr. Jack O'Brien, realtor, representing Mitchell Land and Improvement Company, addressed the Council and presented a proposal to purchase City owned property -- Block 405 Huntington Beach Tract, Main Street Section, for an amount of $200,000; further presenting a Deposit Agreement receipt to deposit all monies with Security Title Company, Santa Ana, within 60 days of acceptance of the offer. On motion by Coen, Council received the offer to purchase from Mr. O'Brien. Motion carried. On motion by Coen, Council directed the Administrator and staff to consider the proposal of.Mr. O'Brien and study the offer and report back to the Council. Motion carried GILBERT COVELL - TEEN AND TWENTY CLUB Mr. Gilbert Covell, owner of the Teen and Twenty Club at 302 Ocean Avenue, addressed the Council in reference to Council's comments made at the February 19th meeting that Mr. Covell had not met the requirements of the Use Variance he had obtained. He discussed the requirement for the parking lot adjacent to his building. Following discussion and on motion by Coen, Council moved on to the next item by a unanimous vote. 317 Page #2 m Minutes - March 4, 1968 FINAL TRACT MAP 6429 m H H CORP The Clerk presented a transmittal from the Planning Director submitting final form of `tract Map 6429 for adoption as follows: Developer: Huntington Harbour Corporation; Location: northwest corner of Saybrook Lane and Morning Star Dive; Acreage: 7.3759; Lots: 5; that the map had been'certifi.ed 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 shall be withheld pending the submittal and completion of the enumerated requirements. 10 Deposit of fees for water, sewer, drainage, engineering and inspection. 2. Bond for improvements. 3a Signature of agreement. 4a Certificate of insurance. 5a Approval from the County Surveyor. 6o Bond for monuments. 7. Deed for underground water rights. On motion by Bartlett, Council accepted offers of dedication as shown on Final Map No. 6429, and adopted the map subject to conditions stipulated by the Planning Commission, and subject to the acceptance by Huntington Harbour of any recommendation made by the Staff and approved by the City Council in regard to Parks and Recreation fees for the area, Motion carried. JOINT RESOLUTION m PROHIBITING BILLBOARDS The Clerk presented a recommendation from the Planning Commission for a joint resolution with the Council supporting introduction of legis- lation which would prohibit the placement of billboards along a State highway whether used for highway at present or not. This resolution had been suggested by the California Roadside Council. On motion by Kaufman, Council approved the recommendation of the Planning Commission and directed the City Attorney to prepare the necessary Resolutions Motion carried. COMMENDATION FOR 'IMPROVEMENTS The Clerk presented a recommendation from the Planning Commission that they be authorized to award plaques, certificates or letters of appreciation to businesses or industries for outstanding building design, landscaping or similar improvements. On motion by Kaufman, Council approved the recommendation of the Planning Commission and authorized them to award such plaques. Motion carried. FINAL TRACT MAP 6188 m ALBERT E. DeYOUNG The Clerk presented a transmittal from the Planning Director submitting final form of Tract Map No. 6188 for adoption as follows: 'Developer: Albert E. DeYoung; Location: north of Indianapolis Avenue, approximately 760 feet east of Magnolia Street; Acreage: 9.256; Lots: 46; 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 accordance with provisions of the City Subdivision Code. 318 Page #3 - Minutes - March 4, 1968 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. 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. 8. A parcel map as required by Division of Land 66-8 shall be filed with the City and recorded prior to recordation of the Final Map. On motion by Kaufman, Council accepted offers ofdedication as shown on Final Map No, 6188, and adopted the map subject to conditions stipulated by the Planning Commission. Motion carried. ,SUBDIVISION AGREEMENT — TRACT 6510 - LONG-DeYOUNG The Clerk presented a transmittal from the Director of Public Works of Monument Bond, Improvement Bond, and Subdivision Agreement for Tract No. 6510-Long-DeYoung. On motion by Stewart, Council accepted Monument Bond No. 8SM-158-270, Improvement Bond No. 9SM-158-269 —American Motorists Insurance Company; approved Subdivision Agreement for Tract 6510, and authorized the Mayor and City Clerk to execute the document on behalf of the City. Motion carried. DEDICATION OF IMPROVEMENTS - TRACT 6183 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. 6183 —Dutch Haven Homes. On motion by Stewart, Council accepted improvements dedicated for public use in Tract 6183; authorized the release of. Improvement and Monument Bonds and termination of the Subdivision Agreement, and directed that 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. PETITION FOR ASSESSMENT — DISTRICT NO. 6802 - ENGLAND STREET The Clerk presented a petition for formation of an Assessment District for installation of a sewer main and house laterals in. England Street, from Yorktown Avenue to 330 feet southerly. The Director of Public Works recommends formation of the District. On motion by Stewart, Council acc ted the petition and authorized formation of Assessment District No. 6802 - England Street Assessment District. Motion carried. CC-89 - STORM DRAIN PUMP STATION - HAMILTON AVE The Clerk presented a transmittal from the Director of Public Works of plans, specifications, Notice Inviting Sealed Bids and Resolution No. 2698 for the construction of a storm drain pumping station on the north side of Hamilton Avenue, between Brookhurst Street and the Santa Ana River. 319 Page #4 - Minutes - March 4, 1968 On motion by Stewart, Council approved the Plans and specifications for the construction of a storm drain pumping station, and directed the City Clerk to advertise for bids when directed by the Director of Public Works. Motion carried. The Clerk read Resolution No. 2698 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE GENERAL PREVAILING RATE OF HOURLY WAGES FOR EACH CRAFT OR TYPE OF WORKMEN OR MECHANIC NEEDED FOR THE CONSTRUCTION OF THE HAMILTON AVENUE STORM DRAIN PUMPING STATION, ALL IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA." On motion by Green, Council waived further reading of Resolution No. 2698, and passed and adopted same by the following roll call vote. AYES: Councilmen.- Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None CLAIM N0, 4-68 - JAMES HUBERT TYLER The Clerk presented a claim from James Hubert Tyler for alleged damages to his vehicle resulting from asphalt spraying by the City. On motion by Stewart, Council denied Claim No. 4-68 filed by James H. Tyler, and referred same to the City Attorney and the City's Insurance Carrier. Motion carried. CLAIM NO, 5-68 - MARGIT BIRGITTA NELSON The Clerk presented a claim from Margit Birgitta Nelson for alleged damages to her vehicle resulting from a collision with a police vehicle. On motion by Stewart, Council denied Claim No. 5-68 by Margit Nelson, and referred same to the City Attorney and the City's Insurance Carrier, Motion carried. CLAIM NO. 6-68 -JOE FERM The Clerk presented a claim from Joe Ferm for alleged property damages to his swimming pool and area. On motion by Stewart, Council denied Claim No. 6-68 filed by Joe Ferm, and referred same to the City Attorney and the City's Insurance Carrier. Motion carried. CLAIM NO. 7-68 - ALLSTATE VAN & STORAGE The Clerk presented a claim from the Allstate Van and Storage Company for alleged damages to their vehicle from a tree limb which was ex- tending over a public thoroughfare. On motion by Stewart, Council denied Claim No. 7-68 filed by the Allstate Van and Storage Company, and referred same to the City Attorney and the City's Insurance Carrier. Motion carried. 1�20 Page #5 - Minutes - March 4, 1968 CLAIM NO. 8-68 - HOWARD C RICHEY The Clerk presented a claim from Howard C. Richey for alleged damages to his car resulting from a collision with a Fire vehicle. On motion by Stewart, Council denied the Claim No. 8-68 filed by Howard D. Richey, and referred same to the City Attorney and the City's Insurance Carrier. Motion carried. PAYMENT HAMILTON STREET PUMP STATION The Clerk presented a letter from the Assistant City Attorney requesting Council to authorize the Director of Finance to draw a warrant in the amount of $3,750.00 for purchase of lots for the Hamilton Street Pump Station. On motion by Bartlett, Council authorized that a warrant be drawn by the Director of Finance in favor of ABCO Equity Funds, Inc. Westamco Investment Company in the amount of $3,750.00. Motion carried. ORDINANCE NO. 1394 - ADOPTED — SALARY - CITY OFFICERS The Clerk gave Ordinance No. 1394 a second reading by title - "'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH; AMENDING SECTION 1421, OF ARTICLE 142, CHAPTER 14 OF THE HUNTINGTON BEACH ORDINANCE CODE." On motion by Bartlett, Council waived further reading of Ordinance No. 1394, and passed and adopted same by the following roll call vote: AYES: Councilman Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT:Councilmen: None ORDINANCE N0. 1395 - ADOPTED — STORAGE OF MERCHANDISE The Clerk gave Ordinance No. 1395 a second reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING REGULATIONS LIMITING THE TYPE, HEIGHT AND BULK OF STRUCTURES AND/OR BUILDINGS PERMITTED WITHIN REQUIRED FRONT AND/OR EXTERIOR SIDE YARD SETBACKS: LIMITING ALSO OUTSIDE DISPLAY AND/OR STORAGE OR MERCHANDISE SOLD ON PREMISES TO THOSE ITEMS NORMALLY CONDUCTED IN THE OPEN; REPEALING SECTION 9431 (d) AND AMENDING, RENUMBERING AND ADDING SECTIONS TO DIVISION 9 OF THE HUNTINGTON BEACH ORDINANCE CODE." On motion by Bartlett, Council waived further reading of Ordinance No. 1395, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None 32i , I.' Page #6 - Minutes - March 4, 1968 ORDINANCE NO, 1396 - FIRST READING -SPEED LIMITS The Clerk gave Ordinance No. 1396 a first reading by title -' "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PER- TAINING TO SPEED 'LIMITS AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 6171.1 OF SAID CODE." On motion by Green, Council waived further reading of Ordinance No. 1396o Motion carried, 1 �1-QRDINANC E NO,. 1397 - CODE AMEND 6 7-15 - OIL DISTRICT - TO COMMITTEE The Clerk read Ordinance No. 1397 by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO CODE AMENDMENT 67-15 - '0` COMBINING OIL DISTRICT; AMENDING SECTION 9686 OF THE HUNTINGTON BEACH ORDINANCE CODE." On motion by Coen, Council referred Ordinance No, 1397 to the Oil Cozmnittee for further study. Motion carried, !9A ORDINANCE No. 1398 - FIRST READING - 2C 67-31, 67-391P 68-1 The Clerk gave Ordinance No. 1398 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO ZONE CASES NOS. 67-31, 67-39, AND 68-1; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY RECLASSIFYING DM-30 (Sectional District Map 25-5-11), DM-28 (Sectional District Map 24-5-12) AND DM-28 (Sectional District Map 24-5-12) o" On motion by Green, Council waived further reading of Ordinance No. 1398. When put to a vote the motion passed unanimously. .V34ORDINANCE NO. 1399 - FIRST READING - PIER DELIVERIES The Clerk gave Ordinance No. 1399 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 7525.5 OF HUNTINGTON BEACH ORDINANCE CODE." On motion by Bartlett, Council waived further reading of Ordinance No, 1399. When put to a vote the motion passed unanimously. )ICI RESOLUTION NO, 2687 —ADOPTED - UV 67-38 110 The Clerk read Resolution No. 2687 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING UV 67-38, TENTATIVE TRACT MAP NO. 55180" On motion by Green, Council waived further reading of Resolution No. 2687, and passed and adopted same by the following roll call vote: AYES: Councilmen° Coen, Barlett, Gisler, Kaufman, Stewart, Green,, Shipley NOES- Councilmen.- None ABSENT: Councilmen: None RESOLUTION NO, 2695 - ADOPTED - VACATION - WARNER AVENUE The Clerk read Resolution No. 2695 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH VACATING A PORTION OF WARNER AVENUE ADJACENT TO TRACT NO. 57910" Page #7 - Minutes - March 4, 1968 On motion 'by Green, Council waived further reading of Resolution No. 2695, and passed and adopted same by the following roll call vote, AYES; Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES Councilmen: None ABSENT: Councilmen: None 21 RESOLUTION NO. 2696 - ADOPTED - ASSESSMENT DISTRICT 6701 The Clerk read Resolution No. 2696 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESCRIBING BOUNDARIES OF ASSESSMENT DISTRICT, ADOPTING ASSESSMENT MAP, AND ORDERING THE FILING THEREOF, ASSESSMENT DISTRICT NO. 6701." On motion by Green, Council waived further reading of Resolution No. 2696,and passed and adopted same by the following roll call vote° AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT; Councilmen: None dt� RESOLUTION NO. 2697 - ADOPTED - WINTERS PLACE -- VACATION The Clerk read Resolution No. 2697 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF WINTERS PLACE, A STREET LOCATED IN TRACT NO. 3923- NORTH OF WARNER AND EAST OF GOLDEN WEST." The Clerk informed the Council that this vacation had been denied by the Planning Commission.. He also presented a letter from Mr. J. A. Murdy, Jr., withdrawing his opposition to the vacation on the condition that access to his property was not eliminated. Mr. William Landis, owner of adjacent property to Winters Place, addressed the Council and stated that it was his intention to deed to the City one of his lots so that the landlocked property owners would have easy access to their property. On motion by Green, Council waived further reading of Resolution No. 2697, and passed and adopted same by the following roll call vote, AYES, Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None rT( RESOLUTION NO, 2699 - DELETED - PROHIBIT PARKING ON PACIFIC HIGHWAY The Clerk read Resole: -`ion No. 2699 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING STATE DIVISION OF HIGHWAYS TO APPROVE PROHIBITING OF PARKING ON A PORTION OF PACIFIC COAST HIGHWAY AND REQUESTING APPROVAL OF LANDSCAPING OF SAID HIGHWAY TO THE FULLEST EXTENT." 323 Page #8 - Minutes - March 4, 1968 On motion by Stewart, Council directed that Resolution No. 2699 be tabled. Motion carried. R4 �1'1 ESOLUTION NO. 2700 —ADOPTED - 0 C HARBOR DISTRICT The Clerk read Resolution No. 2700 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS POSITION ON THE ORANGE COUNTY HARBOR DISTRICT AND REQUESTING A REORGANIZATION OF SAID DISTRICT AND AUTHORIZING ITS REPRESENTATIVE TO THE ORANGE COUNTY LEAGUE OF CITIES TO VOTE IN FAVOR OF SAID REORGANIZATION. On motion by Green, Council waived further reading of Resolution No. 2700, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 2701 ADOPTED — TOPLESS WAITRESSES AND ENTERTAINMENT The Clerk read Resolution No. 2701 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RELATING TO PREEMPTION AND URGING THE PASSAGE OF STATE LEGISLATION PROVIDING FOR THE RIGHT OF CITIES AND COUNTIES TO REGULATE TOPLESS WAITRESSES AND URGING THE LEGISLATURE TO AUTHORIZE CITIES AND COUNTIES TO PROHIBIT TOPLESS ENTERTAINMENT." On motion by Green, Council waived further reading of Resolution No. 2701 and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None VRESOLUTION NO. 2703 - ADOPTED - COMPENSATION PLAN The Clerk read Resolution No. 2703 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 8 OF RESOLUTION NO. 2628 RELATING TO A COMPENSATION PLAN." On motion by Green, Council waived further reading of Resolution No. 2703, and passed and adopted same by the following roll call vote: AYES: Councilmen® Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None Col EADER SCHOOL PARK SITE The City Administrator informed the Council that the Huntington Beach Elementary School District had declined the offer by the City to purchase the property adjacent to the Eader School Site for park purposes. They stated they would accept $26,000 per acre plus improve- ments and fees for a total of $81,987 for the entire parcel. 24 Page #9 - Minutes - March 4, 1968 Mr. Charles Palmer, representing the School District, addressed the Council and answered questions from the Council. On motion by Stewart, Council approved the purchase of the park site for an amount of $81,987.00 from the Huntington Beach Elementary School District, subject to the condition that there be no restrictions in the deed, by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Shipley NOES: Councilmen: None ABSENT: Councilmen: None CONGRESS FOR COMMUNITY PROGRESS Gisler, Kaufman, Stewart, Green, On motion by Gisler, Council directed the City Attorney to prepare a Resolution commending the Chamber of Commerce and Golden West College for the successful Congress of.Community Progress held on February 22, 1968 at Golden West College. Motion carried. rf 3 TRASH CONTRACT —RAINBOW DISPOSAL CO The City Administrator informed the Council that copies of the proposed trash collection contract had been mailed to each of the Councilmen and requested Council action on same. On motion by Kaufman, Council approved the contract between the City of Huntington Beach and Rainbow Disposal Company for rubbish and trash collection, and authorized the Mayor and City Clerk to execute same. Motion carried. 29 PIER RECOMMENDATIONS The City Administrator presented and discussed with the Council the following pier recommendations. 1. Reconstruction of the boat landing, 2. Council authorization to sign a short term lease with Mr. L. D. Turner to operate a tram service on the pier and beach front service road. 3. Recommendation that Council approve the sale of the live bait concession and transfer remainder of lease to Mr. Ron Smith, subject to the following conditions: (a) The new lessee be required to clean up the present facility and rectify any code deficiencies subject to the City's approval, (b) Mr. Smith agrees to a termination clause being added which would include his right to renegotiate a new lease at such time that we commence redevelopment of the pier if that were to occur before the.lease expires. On motion by Kaufman, Council approved the recommendation of the City Administrator subject to the condition that recommendation No. 1. of the Administrator, include that the City have the participation of"the parties involved with the boat landing. Motion carried. 325 Page #10 m Minutes - March 4, 1968 44 TRASH CANS m PURCHASE AUTHORIZED The City Administrator presented a letter from the Planning Commission, Public Works Department, and the Department of Harbors and Beaches recommending the purchase of trash receptacles for the downtown area. On motion by Bartlett, Council authorized the purchase of 10 trash receptacles manufactured by H. D. Cowan and Co., Incorporated, in the amount of $70.00 each, by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmenm None ABSENT; Councilmen: None is LANDSCAPE ARCHITECT - PARKING AUTHORITY On motion by Kaufman, Council approved the employment of the firm of Lenish and Reynolds, Costa Mesa, California, as consulting architects for the parking authority. Motion carried. RECESS Mayor Shipley called a recess of the Council at 6:05 p.m. Council was reconvened at 7:30 p.m. by the Mayor. 86 PLAQUE - THOMAS B. TALBERT Mayor Shipley presented a certificate and plaque to Mr. Tim Talbert in tribute to his father, Mr. Thomas B. Talbert, one of the early pioneers in the City and County. y7p LOGO CONTEST - WINNER Mr. John Costello, Administrative Assistant, addressed the Council and announced the winner of the City sponsored Logo Contest. Semi- finalists were named as follows: Richard Spencer and Walter Johnson both of Huntington Beach, Tim Nixon of Surfside, John Casado of La Canada, Leon Keropian of Cypress. The Finalists were as follows: Wally Nickel of Santa Ana,and Robert Crabbe of Huntington Beach. The Committee finally named Mr. John Casado of La Canada, California as the Winner. Mayor Shipley then presented Mr. Casado with the $500.00 winning check. CHAMBER OF COMMERCE - RESOLUTION Mr. Dale Dunn, Manager of the Chamber of Commerce, addressed the Council and read a resolution adopted by the Chamber of Commerce - "That the Huntington Beach Chamber of Commerce support the Huntington Beach City Council in all of its efforts to upgrade the beach community area and the Huntington Beach Police Department in its strict en- forcement of ordinances and curfew laws in the beach community area." On motion by Kaufman, Council received the resolution from the Chamber of Commerce and ordered same filed by the City Clerk. Motion carried. `326 Page #11 - Minutes - March 4, 1968 .3- RE -HEARING REQUESTED- FOOD AND FUN CENTER The Clerk presented a letter from James E. Neal, Attorney for James J. Cord and Joseph L. Fettig, owners of the Food and Fun Center, 420 Ocean, City, requesting a re -hearing for Amusement and food dis- pending window permits. On motion by Coen, Council reconsidered their action of the previous meeting concerning the Food and Fun Center and ordered same set for a hearing at the March 18, 1968 meeting. Motion carried. 1'- _ BUSINESS LICENSE - BILLIARD ROOM The Clerk presented an application for a business license from George and Audrey Pangborn to conduct a Billiard Room at 19322 Beach Boulevard. A license had previously been granted to operate the same business at the 5-Points Shopping Center. The Clerk informed the Council that this was merely a change of address. The Police Chief informed the Council that the Police Department had no objection to the business at the new address on Beach Boulevard. Mr. Paul Johnston, representing the Pangborn's, addressed the Council and requested approval of the license at the Beach Boulevard address. On motion by Bartlett, Council approved the business license application subject to the approval of various City Departments. Motion carried. VIDEO TAPE DEMONSTRATION Mr. John Costello, Administrative Assistant, demonstrated to the Council a video television system that the Administration felt would have many applications at Council meetings, Planning Commission meetings, in police reporting and other areas of municipal administra- tion. ZONE CASE NO. 67-33 - P C RES OF INTENT The Clerk presented zone case No. 67-33 which is generally bounded by Indianapolis Street on the north, Lake Street on the west, Atlanta Avenue on the south and the PERR right-of-way on the east. The public hearing on the zone case had been held at the meeting of February 19, 1968, with determination being deferred to this meeting. The City Attorney and the Planning Director discussed said zone case with the Council in regard to the Pacific Electric Railroad right-of-way. On motion by Kaufman, Council approved Zone Case No. 67-33, and directed the City Attorney to prepare an Ordinance amending the Huntington Beach Ordinance Code. Motion carried. 4V PUBLIC HEARING - ZONE CASE NO. 68-3 - APPROVED Mayor Shipley announced that this was the day and hour set for a public hearing on Zone Case No. 68-3, on property located south of Garfield Avenue, 274 feet west of Brookhurst Street, and directed the Clerk to read the legal notice. 3.27 Page # 12 - Minutes - March 4, 1968 The Clerk read notice of public hearing on Zone Case No. 68-3, as published in the Huntington Beach News on February 22, 1968, setting the hour of 7.30 P.M., or as soon thereafter as possible, on Monday, 'the 4th day of March, 1968, 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 re- gulations of the Districting Ordinance, from C2 Community Business 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. 68-3. 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 Mayor. On motion by Kaufman, Council directed the City Attorney to prepare an Ordinance effecting the change of zone in Zone Case No. 68-3. Motion carried. 0 CONDITIONAL EXCEPTION 68-2 - PUBLIC HEARING — APPEAL — COUNCILMAN GREEN Councilman Stewart requested and was granted permission to abstain from voting on Conditional Exception No. 68-2, and left his place at the Council table. Mayor Shipley announced that this was the day and hour set for a public hearing on an appeal by Councilman N. John V. V. Green to the approval by the Planning Commission of Conditional Exception 68-2, located on the south side of Alhambra Avenue, approximately 445 feet west of Beach Boulevard, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Use Variance No. 68-2, as published in the Huntington Beach News on February 22, 1968, setting the hour of 7:30 PM., or as soon thereafter as possible, on Monday the 4th day of March, 1968, 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 granting of Conditional Exception 68-2 by the Planning Commission, to permit a day nursery(Pre-school) in the R2 Two Family Residence District. The Clerk informed the Council that they had been provided with copies of the Planning Secretary's transmittal, recommending approval, and that, in addition to the letter of appeal, he had received a petition with 19 signatures protesting the issuance of the Conditional Exception. He also read a letter from Mr. and Mrs. W.M. Price pro- testing the day nursery. Mayor Shipley declared the hearing opne. Mr. Darold Baker, applicant for the Conditional Exception, addressed the Council and discussed the condtions imposed by the Planning Commission concerning fire protection. He also requested Council's denial of the appeal filed by Councilman Green. Page # 13 - Minutes - March 4, 1968 Mr. Hadley Lidstrom, Santa Ana, an adjacent property owner, addressed the Council and expressed his opposition to the nursery school in the residential area. Mr. Roger Watson, Newport Beach, addressed the Council.and expressed his wish to have water mains installed in the area. He stated he felt this would help the fire situation and the local residents. Mrs.Edith Owens, 7911 Alhambra, City, addressed the Council and requested that Council deny the Conditional Exception. Mr. Fred West, 7891 Alhambra, City, addressed the Council and expressed his opposition to the noise of many children in the area. Mrs. Ethel West, 7891 Alhambra, City, addressed the Council and stated her opposition to the school being located across from her home. Mr. Jack Brunton, City, addressed the Council and informed them of the heavy traffic that° should be expected on the narrow street, should the school be approved. There being no one further to speak on the matter, and there being no further protests filed either oral or written, the hearing was closed by the Mayor. On motion by Gisler, Council overruled the decision of the Planning Commission and denied the Conditional Exception No. 68-2. Motion carried. Councilman Stewart returned to his place at the Council table. ,�Xo.. �y ACQUISITION OF LOTS - EDISON RIGHT-OF-WAY The Clerk presented a recommendation from the Planning Commission that negotiations be postponed for acquisition of the five residential lots adjacent to the Huntington Beach Junior High School Site and the Edison Company right-of-way. Councilman Gisler requested and was granted permission to abstain from action on this item and'on Resolution 2702. On motion by Bartlett, Council directed the City Administrator to proceed with the parksite acquisition in accordance with his recom- mendation for immediate action. Motion carried. �o RESOLUTION NO. 2702 —ADOPTED - AC UISITION OF PROPERTY The Clerk read Resolution No. 2702 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PARKING PURPOSE AND AUTHORIZING THE ACQUISITION OF SAID PROPERTY BY CONDEMNATION OR NEGOTIATION AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION." On motion by Green, Council waived further reading of Resolution No. 2702, and passed and adopted same by the following roll call vote: Page #14. m Minutes - March 4, 1968 AYES-. Councilmen; Coen, Bartlett, Kaufman, Stewart, Green, Shipley NOES; Councilmen: None ABSENT: Councilmen: None ABSTAIN: Councilmen: Gisler 111-17 LITTLE LEAGUE - USE VARIANCE Mra Ronald Bauer, 6162 Napa Circle, City, addressed the Council re- presenting the Ocean View Little League and requested that they be given a use variance to build a storage shack on their property between Bolsa Chica Street and Graham Avenue. Members of the Council and the Attorney pointed out to Mr. Bauer that a use variance must be obtained before the building permit could be issued.and that the law establishes the procedure for processing same They pointed outtoft applicant that it was not within the authority of the Council to waive the required procedure. ,5 BOUNDARIES _ ACCIDENTS Councilman Green reported on a pedestrian accident that occured on Golden West Street and of the confusion as to the boundaries between the City of Huntington Beach and the.City of Westminster. On motion by Green, Council directed the Director of Public Works to work together with our neighboring cities in regard to boundary lines and the.readjustment of same. Motion carried. .BUILDING CODE - OPEN FLAME On motion by Stewart, Council directed the Building and Fire Departments to work together in amending the building code to include certain requirements concerning the enclosure of open flames from water heaters and other gas operated applicances. Motion carried. INFORMAL MEETINGS Mayor Shipley called an informal meeting of the Council for Thursday, March 7, 1968, 7.00 P.M., at the Huntington Seacliff Country Club for the purpose of meeting of Orange County City Mayors and City Managers in regard to the Orange County Harbor District. Mayor Shipley called an informal meeting of the Council for Monday, March 25, 1968, 7:30 P.M. in the Council Chambers, for the purpose of a study session. ADJOURNMENT On motion by Kaufman, the regular meeting of the City Council of the City of Huntington Beach adjourned, Motion carried. 0"_' .,, 'o� Paul C ones City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California { r. Dona D . 7ir Paul C. Jones ity Clerk Mayo 330