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HomeMy WebLinkAbout1969-07-07MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 7, 1969 Mayor Green called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 P. Ma The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by James Dukette — Administrative Trainee. ROLL CALL Councilmen Present: Bartlett, McCracken, Kaufman, Coen, Green, Matney (arrived at 5:10 P. M.) Councilmen Absent: Shipley MINUTES On motion by Bartlett, the minutes of the regular meeting of June 16,. 1969, and the regular adjourned meeting of June 23, 1969, were approved and adopted as prepared and mailed by the City Clerk. Motion carried. GOVERNOR'S STATE HOUSE CONFERENCE ON CHILDREN & YOUTH The City Administrator informed Council of a request from the City Attorney for permission to authorize the Orange County White House Conference Committee to recommend him as delegate to the Governor's State House Conference on Children and Youth, to be held at the Anaheim Convention Center on November 10 and 11, 1969. 5 On motion by Kaufman, Council granted the City Attorney's request for permission to authorize the OrangeCounty White House Conference Committee to recommend him as delegate to the Governor's State House Conference on Children and Youth in Anaheim on said dates. Motion carried. MOBILE X-RAY UNITS — PROPOSED LEGISLATION SUPPORTED The City Administrator informed Council that proposed ordinances have been developed by the Orange County Health Department and...the County Counsel's office which, if adopted by the County_and.various cities, would regulate the operation of mobile X-ray units. The'Administrator recommended that Council endorse the Mobile X-Ray Committee's report and recommendations at the time the matter comes before the Orange County League of Cities for action. On motion by McCracken, Council supported the Mobile X®Ray Committee's report and recommendations, and directed that this support be indicated by the City's legislative representatives when the matter comes before the Orange County League of Cities meeting. Motion carried.' 6 4 :F Page #2 - Council Minutes 7/7/69 STATE PERSONNEL SERVICES - CONTRACT RENEWAL - APPROVED The City Administrator informed Council that the contract for personnel examining services with the California State Personnel Board and Cooper- ative Personnel Services'Division is due for renewal for the period from July 1, 1969 through'June 30, 1972, and recommended that Council approve the contract and direct him to execute same on behalf of the City. On motion by Kaufman, Council approved the contract for personnel examin- ing services with the California State Personnel Board and the cooperative Personnel Services Division for the period from July 1, 1969 through June 30, 1972, and authorized the City Administrator to execute the document on behalf of the City. Motion carried. PROPOSAL - SYSTEMS ANALYSIS AND REQUIREMENT STUDY - REFERRED The City Administrator informed Council that the McDonnell Automation Company, a Division of the McDonnell Douglas Corporation had presented a Proposal for a Systems Analysis and Requirements Study, for Council's consideration. On motion by Kaufman, Council directed that the Proposal for a Systems Analysis and Requirements Study prepared by the McDonnell Automation Company be referred to the Council Committee on Systems Analysis. Motion carried. YOUTH COALITION SPONSORED CONCERT - APPROVED The City Administrator informed Council of a request from the Youth Coalition Committee that the City Council approve a youth concert and light show to be held in the Huntington Beach High School gym. Mr. Leonard Ewers, Chairman of the Youth Coalition Committee, addressed Council and stated that following the music show, a week-long series of teen oriented activities is planned by the Committee. He informed Council that an initial payment of $2000,00 is needed to bring the various groups and bands to the City, and upon completion of the show the remaining $7250.00 of the contract would be paid to the performers. Considerable discussion was held by Council as to the extent of partici- pation in this activity by the City. On motion by Coen, Council authorized the Mayor and City Clerk to execute a contract with Associated Booking Corporation in the amount of $9250.00 with an initial payment of $2000.00; the balance to be payable upon completion of the contract. It was further directed that execution of said contract would be subject to approval by the Huntington Beach Union High School and the City Attorney on the use of school facilities. The motion was passed by the following roll call vote AYES° Councilmen: Bartlett, McCracken, Kaufman, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley, Matney APPOINTMENT-- OIL ADVISORY COMMITTEE The City Administrator informed Council of Field Superintendent recommending that Mr. Beach Company be appointed to the City Oil vacancy created by the transfer of Mr. Jac a communication from the Oil R. J. Miescke of the Huntington Advisory Committee to fill the k Froggatt. 90 Page #3 - Council Minutes - 7/7/69 On motion by Kaufman, Council approved the appointment of Mr. R. Jo Miescke of the Huntington Beach Company to the City Oil Advisory Committee, and further directed that a Certificate of Service be pre- pared for presentation to Mr. Jack Froggatt, in appreciation of his services to the City Oil Advisory Committee. Motion carried. R1 LOT SIZES - PE RR R/W AT THE BOLSA CHICA STATE BEACH The City Administrator requested that Council make an official statement of their position relative to lot size requirements in the R1 area on the Pacific Electric Railroad right-of-way along the Bolsa Chica State Beach, between Warner Avenue and the bluffs to the east. Following discussion by Council, on motion by McCracken, Council placed themselves on record as being opposed to any deviation from the 6000 square foot lot requirement prescribed in R1 zoning. Motion carried, with Councilman Matney abstaining because he was not present during the discussion on this matter. On motion by Kaufman, Council directed the Planning Commission to review this area from the zoning standpoint, and report back to Council. Motion carried. HUNTINGTON DRIFTWOOD PROPOSAL - REFERRED The City Administrator informed Council of a request from Mr. Martin Snow, Vice -President of the California Electric Construction Company, for permission to develop 4.69 acres located at Beach Boulevard and Pacific Coast Highway into mobile home spaces, and to locate a gas station on the corner of Huntington Street and Coast Highway. He further stated that the Huntington Driftwood Master Lease requires Council approval for such development. On motion by Bartlett, Council approved the request of California Electric Construction Company for permission to develop property at Beach Boulevard and Pacific Coast Highway which is within their leased area, into mobile home spaces, with this development to be referred to the Board of Zoning Adjustments and the Design Review Board; and further approved the request to locate a gasoline station within the leased area at the corner of Huntington Street and Pacific Coast Highway. Motion carried. ZONE CASE NO 68-50 - JOSEPH FERM & ROLLO MCCLELLAN DENIED The Clerk presented a communication from the Planning Department trans- mitting Zone Case No. 68-50 for a change of zone from RA Residential Agricultural District and M1 Light Industrial District to R5 Office - Professional District, on property located on the west side of Gothard Street, approximately 440 feet south of Slater Avenue. The Planning Commission recommended denial. Mr. Joseph Ferm, applicant, 17581 Gothard Street, City, addressed Council and stated why he felt this Zone Change should be'approved by Council. Considerable discussion was held by Council regarding the holding zone in the Central City Park area as it affects the property owners involved. A motion was made by Councilman McCracken to direct the Clerk to set Zone Case No. 68-50 for a public hearing, but was withdrawn before being voted upon. 891 Page #4 - Council Minutes - 7/7/69 On motion by Matney, Council sustained the decision,of the Planning Commission and denied the request for a change of zone in Zone Case No. 68-50. Motion carried. A motion was made by Councilman Matney to authorize the City Administra- tor, to commence negotiations for the acquisition of the portion of property in the Central City Park Master Plan, which is owned by the applicant. A motion was made by Councilman Coen to amend Councilman Matney's motion to authorize the Administrator to negotiate for the acquisition of property with any owner of property within the boundary of'the proposed Central City Park. Motion carried. A vote was then taken on the original motion as amended, and was passed unanimously. FINAL TRACT MAP'NO 6726 - WM LYON DEVELOPMENT CO - APPROVED The Clerk presented a transmittal from the Planning Director submitting final form of Tract Map No. 6726 for adoption, as follows: Developer: Wm. Lyon Development Company, Huntington Beach, California; Location: Northeast corner of Slater Avenue and Edwards Street; Acreage: 40; Lots: 133; that the map had been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in conformance with the tentative map as filed, amended and approved by the Planning Commission. The City Council may approve the map, accept the improvements offered for dedication subject to the completion of requirements as shown, and instruct the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt of a writing from such company stating thatit will cause preliminary processing of such map by the County, but will not record said map or cause it to be recorded until the completion of all the following conditions, and receipt by such title company of prior written consent to record said map, from the City Clerks 1. Deposit of fees for water, sewer, drainage, engineering and inspections. 2. Deposit of Park and Recreation Fees, except lot 133 which shall be paid prior to final inspection of any building in the project. 3. Bond for improvements. 4. Subdivision agreement. 5. Certificate of insurance. 6. Bond for monuments. On motion by Coen, Council accepted offers of dedication as shown on Final Tract Map No. 6726, and adopted the map subject to conditions stipulated by the Planning Commission. Motion carried. CE NO 69-5 & TENTATIVE TRACT NO 6874 - SET FOR PUBLIC HEARING The City Clerk presented a transmittal from the Planning Commission of revised Tentative Tract No. 6874 and Conditional Exception No. 69-5 which had been previously appealed. A public hearing was set for April 7, 1969, at which time Council referred the matter back to the Planning Commission for reconsideration without opening the public hearing. The City Clerk presented a letter setting forth background of previous action on this matter, together with a communication from Mr. Gerald Jones, Box 101, Sunset Beach. 92 Page #5 - Council Minutes - 7/7/69 Mr. Gerald Jones, Box 1.01, Sunset Beach-, California, addressed Council and inquired whether a public hearing on this matter would be held before the Planning Commission. He was informed by -the City Attorney that this would not be proper procedure. On motion by Green, Council directed the Clerk to reset the public hear- ing on the appeal to denial by'the Planning Commission of CE No. 69-5 and Tentative Tract Map No. 6874 for the meeting of July 21, 1969, at no cost to the appellatit. Motion carried. SUBDIVISION AGREEMENT - WM LYON DEVELOPMENT CO - TRACT NO 6528 The Clerk presented a transmittal from the Director of Public Works of Monument Bond--, Agreement -in -lieu of Improvement Bond; and Subdivision Agreement for Tract No. 6528 - William Lyon Development Company. On motion by Coen, Council accepted Monument Bond No. 15-4-0981 - American Casualty Company and Agreement in Lieu of Improvement Bond, approved the Subdivision Agreement for Tract No. 6528, and authorized the Mayor and -City Clerk to execute the document on behalf of the City. Motion carried. NOTICE OF COMPLETION - BEYLIK DRILLING - CC-095 - APPROVED The Clerk presented a communication from the Director of Public Works stating that work on the construction and development of a reverse rotary drilled gravel'envelope water well had been satisfactdri-ly com- pleted and recommending that Council accept the work on Project.CC-095. On motion by Coen, Council accepted the work on Project CC-095 - water well drilling - Beylik Drilling Inc., and directed the City Clerk to file_a Notice of Completion with the Orange County Recorder. Motion carried. DEDICATION OF IMPROVEMENTS - TRACT NO 6429 - APPROVED The Clerk presented a communication from the Director of Public Works recommending acceptance of dedicated improvements, authorization for the release of the Performance portion of the Improvement Bond only, the Monument Bond, and termination of the Subdivision Agreement in Tract No. 6429 — Huntington Harbour Corporation. On motion by Coen, Council accepted improvements dedicated for public use in Tract No. 6429; authorized the release of the Monument Bond,, the Performance portion of the Improvement Bond only, and termination of Subdivision Agreement, and directed that the developer.be notified -by the City Clerk and the bonding company be notified by the City Treasurer of the termination of this bond. Motion carried. NOTICE INVITING BIDS - MAGNOLIA STREETrIMPROVEMENTS - AHFP #510 - CC-126 The Clerk presented a transmittal from the Director of Public Works of plans, specifications, Notice Inviting Sealed Bids, and right-of-way certification for improvements of Magnolia Street - AHFP #510 - Project CC-126 . On motion by Coen, Council approved the plans and specifications for the improvements of Magnolia Street - Project No. CC-126 - authorized the City Clerk to execute right-bf-way certification and to advertise for bids when the project is released by the Director of Public Works. Motion carried. 8931 Page #6 - Council Meeting m 7/7/69 NOTICE OF COMPLETION - JOHN L MEEK - CC-106 - APPROVED The Clerk presented a communication from the Director of Public Works stating that work on the reconstruction of the boat landing ramp at the end of the Municipal Pier had been satisfactorily completed, and recom- mending Council accept the work on Project CCm106, On motion by Coen, Council accepted the work on Project CC-106 - Boat Landing Facilities - completed by John L. Meek Construction Company, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. Motion carried. NOTICE INVITING SEALED BIDS m BOX CULVERTS - AHFP #500, #532. - CC-127 The Clerk presented a transmittal from the Director of Public Works of plans and specifications, Notice Inviting Sealed Bids, and rights -of - way certifications for the construction of reinforced concrete box culverts at Yorktown Avenue and Indianapolis Avenue at the Flood Control D02 Channel, Edwards Street at Slater Avenue, and a footbridge across the D02 Channel between Hickory Lane and Waterbury 'Lane - designated as Project CC-127o On motion by Coen Council approved the plans and specifications for the construction of reinforced concrete box culverts - Project CC-127, and the footbridge across the D02 Channel between Hickory and Waterbury Lanes, authorized the Clerk to execute rights -of -way certifications and to advertise for bids when the project is released by the Director of Public Works. Motion carried. RECESS The Mayor called a recess of the Council at 5-.50 Pa M. Council was reconvened at 7.30 Pa M. by the Mayor. NOTICE OF COMPLETION - BARRON & ECKART m CC-112 - APPROVED The Clerk presented a communication from the Director of Public Works stating that the construction of water mains and appurtenances in various sections of the City had been satisfactorily completed, and recommending that Council accept the work on Project CCm112o On motion by Coen, Council accepted the work on Project CC-112 - con- struction of water mains completed by Barron & Eckart, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. Motion carried, BID AWARD - ASSESSMENT DISTRICT NO 6601 - HARPER ESTATES - CONTINUED The Clerk read a communication from the Director of Public Works stat- ing that bids for the construction of sanitary sewers in Gregory Lane and Laura Circle, south of Garfield Avenue and east of Beach Boulevard, in connection with Assessment District 6601, had been opened at 9:00 A,M. on Monday, July 7, 1969 in the Administrative Annex by the City Clerk, City Attorney and the Director of Public Works. He stated that R. Ma Vukanovich - Alhambra, California, was the sole bidder, with a bid in the amount of $24,442.60. However, due to the fact that the bid for the work is greater than the Engineer's estimate, he recommended that the award be delayed until the Council meeting of July 21, 1969. On motion by McCracken, Council approved the recommendation of the Director of Public Works and directed that the bid award for the con- struction of sanitary sewers at said locations in connection with Assessment District No, 6601, be continued to the meeting of July 21, 1969, Motion carried. 4 Page #7 Council Minutes - 7/7/69 BID AWARD - SPRINGDALE BRIDGE WIDENING - CC-083 - BURNETT CONSTRUCTION CO The Clerk read a communication from the Director of Public Works stating that bids for the construction of the bridge widening on Springdale Street at its crossing of the East Garden Grove - Wintersburg Channel, designated Project CC-083, had been opened at 9:00 A. M. on Monday, July 7, 1969 in the Administrative Annex by the City Clerk, City Attorney, and the Director of Public Works, and that Burnett Construction Company, Canoga Park, California, was the low bidder with a bid in the amount of $127,000.00. Mr. Wheeler recommended that the Council award the bid to Burnett Construction Company, and reject .all other bids. The bids sub- mitted were as follows: Burnett Construction Company - Canoga Park, Calif. - $127,000.00 Rex W. Murphy, Inc. - Covina, Calif. - $135,488.00 Ecco Construction Company - Garden Grove, Calif. - $157,112.00 On motion by Bartlett, Council awarded the contract for Project CC-083 to Burnett Construction Company, Canoga Park, California, the lowest responsible bidder, for the bid amount of $127,000.00; rejected all other bids and directed the Clerk to notify.the unsuccessful bidders and return their bid bonds. Motion carried. BID AWARD - STORM DRAIN PUMPING UNIT - CC-115 - HEALY TIBBITTS CONST CO The Clerk read a communication from the Director of Public Works stating that bids for the installation of a third storm drain pumping unit in the Indianapolis Pump Station, installation of a second storm drain pumping unit in the Newland Street Pump Station, and the installation of a third storm drain pumping unit and construction of a building at the Adams Avenue Pump Station, designated Project CC-115, had been opened at 9:00 A. M. on Monday, July 7, 1969 in the Administrative Annex by the City Clerk, City Attorney and Director of Public Works, and that Healy Tibbits Construction Company, Long Beach, California, was the low bidder with a bid in the amount of $142,360.00. Mr. Wheeler recommended that Council award the bid to Healy Tibbits Construction Company, and reject all other bids. The bids submitted were as follows: Healy Tibbits Construction Co. - Long Beach, Calif. - $142,360.00 Pylon, Incorporated - Compton, Calif. - $152,395.00, Ecco Construction Company - Garden Grove, Calif. - $172,480.00 On motion by McCracken, Council awarded the contract for Project CC-115 to Healy Tibbits Construction Company, Long Beach, California, the lowest responsible bidder, for the bid amount of $142,360.00, rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. The motion was passed by the following roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman,-Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley 895 Page #8 - Council Minutes - 7/7/69 BID AWARD - STREET LIGHTING - CC-116 - PAHL GARDNER CORP The Clerk read a communication from the Director of Public Works stating that bids for the furnishing and erection of concrete street lighting standards of 12th Street between Pacific Coast Highway and Orange Avenue and on 15th Street between Pacific Coast Highway and Palm Avenue, and installation of lamps and heads on Main Street between .5th Street and llth Street, designated Project CC-116, had been opened at 9,00 Ao M. on Monday, July 7, 1969 in the Administrative Annex by the City Clerk, City Attorney and the Director of Public Works, and that :Paul Gardner Corporation, Ontario, California,was the low bidder with a bid in the amount of $14,246o00o Mr, Wheeler recommended that the Council award the bid to Paul Gardner Corporation, and reject all other bids. The bids submitted were as follows; Paul Gardner Corporation - Ontario, Calif. m $14,246.00 Smith Electric Supply - Stanton, Calif. m $15,032,00 E, Do ,Johnson & Company m Anaheim, Calif. - $15,102000 Wm, R. Hahn Electric Co. - La Habra, Calif. - $15,241 M Steiny Mitchell Inca m Los Angeles, Calif. - $16,950000 Streech Electric Co. - Fullerton,, Calif. - $18,699.00 On motion by Bartlett, Council awarded the contract for Project CC-116 to Paul Gardner Corporation, Ontario, California, the lowest responsible bidder, for the bid amount of $14,246000; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their laid bonds, The motion was passed by the following roll call voted AYES; Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen, Shipley BID AWARD m STREET IMPROVEMENTS m CC-123 - INDUSTRIAL CONTRACTING CO The Clerk read a communication from the Director of Public Works stating that bids for the widening, surfacing and improvement of Springdale Street from Heil Avenue from 660 feet easterly of Gothard and Brookhurst Street from 400 feet north of Bushard, designated Project CC-123, had been opened at 9:00 A. M. on Monday, July 7, 1969, in the Administrative Annex by the City Clerk, City Attorney and the Director of Public Works, and that Industrial Contracting Company, Stanton, California, was the low bidder with a bid in the amount of $97,578,69. Mr. Wheeler, recom- mended that the Council award the bid to Industrial Contracting Company, Stanton, California, was the low bidder with a bid in the amounr of $97,5780690 Mr, Wheeler recommended that the Council award the bid to Industrial Contracting Company, and reject all other bids. The bids submitted were as follows - Industrial Contracting Company - Stanton, Calif, -$ 97,.578.69 Mark Construction Company - Garden Grove, Calif.-$106,266a18 Sully Miller Construction Company - Orange, Calif.-$108,947.07 Silveri &,Ruiz Construction Co. m 'Fullerton, Calif.-$119,629023 On motion by Bartlett, Council awarded the contract for Project CC-123 to Industrial Contract Company, Stanton, California, the lowest responible bidder, for the amount of $97,578,69; rejected all other bids and directed the Clerk to notify the unsuccessful bidder's and return their bid bonds, The motion was passed by the following roll call voted AYES: Councilmen.- Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES; Councilmen: None ABSENT; Councilmen, Shipley 96 Page #9 - Council Minutes - 7/7/69 BID AWARD - WATER WELL NO 5 - OPERATING FACILITIES-CC-118 -HEALY TIBBITS The Clerk read a communication from the Director of Public Works stating that bids for the installation of operating facilities at Water Well No. 5, designated Project CC-118, had been opened at 9:00 A. M. on Monday, July 7, 1969, in the Administrative Annex by the.City Clerk, City Attorney and the Director of Public Works, and that Healy Tibbits Construction Company, Long Beach, Calif., was the low bidder with a bid in the amount of $46,933.00. Mr. Wheeler recommended that the Council award the bid to Healy Tibbits Construction Company, and reject all other bids. The bids submitted were as follows: Healy Tibbits Construction Co. -.Long Beach, Calif. - $4.6,933.00 Pylon, Incorporated - - Compton, Calif. --$49,271.48 On motion by Kaufman, Council awarded the contract for Project CC-118 to Healy Tibbits Construction Company, Long Beach, California; the lowest responsible bidder, for the bid amount of $46,933.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. The motion was passed by the following roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley APPLICATION FOR LEAVE TO PRESENT LATE CLAIM - LITTLEJOHN - DENIED The Clerk presented an application for leave to present late claim filed by Jacob N. Peilte, Attorney, on behalf of Charles Littlejohn, a minor, On motion by Coen, Council denied the application for leave to present late claim filed by Jacob N. Peilte, Attorney, on behalf of Charles Littlejohn, a minor, on the basis that he filed a late claim. Motion carried. CERTIFICATION OF PETITION - SUNSET BEACH # 5 & #6 ANNEXATIONS - ACCEPTED The Clerk read Certifications of Petition from the City Clerk and County Clerk, certifying that more than one-fourth of the signatures submitted on petitions for the annexations of Sunset Beach # 5 & #6, were valid. On motion by Kaufman, Council accepted the Certifications of Petition from the City Clerk and County Clerk, certifying the validity of the signatures on the petitions submitted relative to -said annexation; Motion carried. RES 3019 - SETS PUBLIC HEARING - SUNSET BEACH NO 5 & NO 6 ANNEX - ADOPTED The Clerk read Resolution No. 3019 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO CALL A SPECIAL ELECTION IN CERTAIN INHABITED TERRITORY CONTIGUOUS TO SAID CITY PROPOSED TO BE ANNEXED THERETO, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS, RESIDING IN SAID TERRITORY, THE QUESTION WHETHER OR NOT SAID TERRITORY, SHALL BE ANNEXED TO THE CITY OF HUNTINGTON BEACH, AND FIXING A TIME AND PLACE WHEN AND WHERE ANY PERSON OWNING REAL PROP- ERTY MAY APPEAR SAID CITY COUNCIL AND SHOW WHY SUCH TERRITORY SHOULD NOT BE ANNEXED." On motion by Bartlett, Council amended Resolution No. 3019 to change the time set for public hearing from August 11, 1969 to August 6, 1969. Motion carried, Page #10 - Council Minutes - 7/7/69 On motion by Kaufman, Council waived further reading of Resolution No. 30191 as amended, and passed and adopted same, by the following roll call vote: AYES: Councilmen: Bartlett, NOES: Councilmen; None ABSENT. Councilmen-. Shipley McCracken, Kaufman, Matney, Coen, Green APPEAL - BUSINESS LICENSE DENIAL PUBLIC HEARING SET The Clerk presented a letter of appeal from Mr. Stephen A. Pezman, to the denial by the City Clerk of a business license to operate "The Good Earth" at 121 Main Street, City, for the sale of health foods. On motion by McCracken, Council directed the Clerk to set this matter for public hearing on .July 21, 1969, pursuant to Section 2112.5.5 of the Huntington Beach Ordinance Code, Motion carried, ORDINANCE NO 1504 - SIGN CODE - ADOPTED The Clerk gave Ordinance No. 1504 a second reading b title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTERS 85, 86 AND PORTIONS OF CHAPTERS 91, 92, 94, 95, 96, 97; AMENDING SECTIONS 9519, 9621.2 AND 9812.2 OF SAID CODE, AND ADDING THERETO NEW ARTICLE 976 ENTITLED, "SIGN CODE" RELATING TO THE ERECTION, MAINTENANCE AND DISPLAY OF SIGNS WITHIN SAID CITY." On motion by Coen, Council waived further reading of Ordinance No. 15040 When put to a vote the motion passed unanimously. On motion by Coen, Ordinance No. 1504 was passed and adopted by the following roll call vote: AYES- Councilmen: Bartlett, NOES. Councilmen. McCracken ABSENT: Councilmen. Shipley Kaufman, Matney, Coen, Green ORDINANCE NO 1505 - ESTABLISHES SPEED LIMITS - ADOPTED The Clerk gave Ordinance No. 1505 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6171.1 OF THE HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT ON GARFIELD AVENUE." On motion by Coen, Council waived further reading of Ordinance No. 1505, and passed and adopted same by the following roll call vote: AYES; Councilmen, Bartlett, NOES. Councilmen. None ABSENT. Councilmen: Shipley McCracken, Kaufman, Matney, Coen, Green ORDINANCE NO 1506 - ZONE CASE NO 69-11 ADOPTED The Clerk gave Ordinance No. 1506 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTH SIDE OF GARFIELD AVENUE, WEST OF STEWART STREET (ZONE CHANGE CASE NO. 69®11)," 898 Page #11 - Council Minutes - 7/7/69 On motion by Coen, Council waived further reading of Ordinance -No. 1506, and passed and adopted same by the following roll call vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley McCracken, Kaufman, Matney, Coen, Green ORDINANCE NO 1507 - ZONE CASE NO 69-15 - ADOPTED The Clerk gave Ordinance No. 150.7 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTH- WEST CORNER OF GOLDENWEST STREET AND SLATER AVENUE (ZONE CHANGE CASE NO. 69-15)." On motion by Coen, Council waived further reading of Ordinance No. 1507, and passed and adopted same by the following roil call vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley McCracken, Kaufman, Matney, Coen, Green ORDINANCE NO 1511 — ZONE CASE NO 69-14 - FIRST READING The Clerk gave Ordinance No. 1511 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED BETWEEN ADAMS AVENUE AND PORTLAND STREET, AND WEST OF HUNTINGTON AVENUE (ZONE CHANGE CASE NO. 69-14)." On motion by Bartlett, Council waived further reading of Ordinance No. 1511. When put to a vote the motion passed unanimously. ORDINANCE NO 1512 - CA 69-4 - AMENDS HEIGHT LIMITS - FIRST READING The Clerk gave Ordinance No. 1512 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9102.6. 9103:2.1, 9132.5.2, 9132.6, 9162.6, 9163.2.1 AND 9202.6; AND ADDING SECTIONS 9102.6.1, 9102.6.1.119 9102.6.1.2, 9102.6.1.3, 9132.5.2.1, 9132.6.1, 9132;6.1.1, 9162.6.1, 9162.6.1.1, 9202.6.1, 9202.6.1.1 AND 9203.2.1 PERTAINING TO BUILDING HEIGHT LIMITS AND SIDE YARD SETBACKS." On motion by Bartlett, Council waived further reading of Ordinance No. 1512. When put to a vote the motion passed unanimously. ORDINANCE NO 1513 - AMBULANCE SERVICE - FIRST READING The Clerk gave Ordinance No. 1513 a first reading by title - "AN ORDINANCE,OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE AMENDING SECTIONS OF ARTICLE 221 CONCERNING AMBULANCE SERVICE." On motion by Bartlett, Council waived further reading of Ordinance No. 1513. When put to a vote the motion passed unanimously. Page #12 - Council Minutes - 7/7/69 RES 3018 - ACQUISITION OF PROPERTY - STREETS & UTILITIES - ADOPTED The Clerk read Resolution No. 3018 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC STREET AND UTILITY PURPOSES,, AND AUTHORIZING THE CONDEMNATION OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION." On motion by Coen, Council waived further reading of Resolution No. 3018, and passed and adopted same by the following roll call vote: AYES, Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley McCracken, Kaufman, Matney, Coen, Green RES 3020 - PREVAILING WAGE RATES - PUBLIC WORKS CONTRACTS - ADOPTED The Clerk read Resolution No. 3020 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SPECIFYING THE PREVAILING RATES OF PER DIEM WAGES FOR PUBLIC WORKS CONTRACTS." On motion by Coen, Council waived further reading of Resolution No. 3020, and passed and adopted same by the following roll call vote: AYES: Councilmen. Bartlett, NOES: Councilmen: None ABSENT: Councilmen. Shipley McCracken, Kaufman, Matney, Coen, Green RESOLUTION NO 3021 - DEVELOPMENT OF OPEN -SPACE LAND — ADOPTED The Clerk read Resolution No. 3021 by title - "A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH RELATING TO AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR GRANT TO ACQUIRE OPEN - SPACE LAND FOR NEIGHBORHOOD PARK AND RECREATION PURPOSES." On motion by Coen, Council waived further reading of Resolution No, 3021, and passed and adopted same by the following roll call vote: AYES. Councilmen.- Bartlett, NOES. Councilmen: None ABSENT: Councilmen. Shipley REPORTS COUNCIL COMMITTEES McCracken, Kaufman, Matney, Coen, Green Recreation and Parks Fees Committee Councilman McCracken reported that the Council Committee on Recreation and Park Fees had met with Income Property Specialists regarding a waiver of fees on recreational facilities within their apartment c_om- plexo He stated that the committee recommended denial of the developer's request for a waiver of fees. Councilman McCracken stated that the committee had recommended that the developer dedicate one acre of land in lieu of Recreation and Park Fees and that the Administrator should be authorized to proceed with negotiations to acquire the remaining acre of property from the developer. On motion by Coen, Council approved the recommendation of the committee that Income Property Specialists dedicate one acre of land for recrea- tional and park purposes in lieu of payment of fees and authorized the City Administrator to proceed with negotiations to acquire the remain- ing acre of property from the developer. Motion carried. 900 Page #13 - Council Minutes - 7/7/69 COMMENTS FROM COUNCIL Edwards Street Storm Drain Councilman Matney inquired of the Public Works Director as to the sched- uled date of completion of the storm drain on Edwards Street. Mr. Wheeler informed Council that he would present a report on this matter at the meeting of July 21, 1969. Issuance of Business Licenses Councilman McCracken asked if a revision of the Ordinance Code as it relates to the issuance of business licenses was being prepared by the City Staff. The City Attorney stated that his office is presently working on this matter and that upon completion, he would like a subcommittee of the Council to be established for the purpose of reviewing the proposed changes. The City Clerk informed Council that a meeting had been held between the Police Department, Planning Department, License Department, Building Department and his office regarding this matter. He stated that the meeting resulted in a recommendation that a method be adopted by which a certificate of occupancy must be issued to an applicant by the Building Department before a business license may be issued. Offshore Drilling Safety Precautions Councilman Kaufman expressed his concern regarding the enforcement of safety precautions in offshore drilling and also questioned the age and condition of the Wilshire Pipeline from ship to shore. Following.discussion on the matter, on motion by Kaufman, Council directed the staff to inform them of the safety measures being taken in offshore drilling and the agency responsible for the enforcement thereof. Motion carried. Scheduled Date For The Completion of Golden West Street Improvements Councilman Bartlett inquired as to when the work on Golden West Street would be completed by the Department of Public Works. The Director of Public Works informed Council that the Golden West Street project is scheduled to be completed by the end of August. RESIGNATION FROM PERSONNEL BOARD & RECREATION & PARKS COMMISSION The Clerk informed Council that letters of resignation had been received from Dr. Ralph R. Bauer, Personnel Board member and Recreation and Parks Commissioner, to become 'effective August 1, 1969. On motion by Coen, Council accepted the resignations of Dr. Bauer with regret, and directed that Certificates of Service be prepared for pre- sentation in appreciation of his services to the Personnel Board and the Recreation and Parks Commission. Motion carried. 1 Page #14 - Council Minutes - 7/7/69 CE 69-17 m PUBLIC HEARING - APPEAL - CONTINUED Mayor Green announced that this was the day and hour set for a public hearing on an appeal filed by Councilman Jerry Matney to the approval by the Planning Commission of Conditional Exception No. 69-17 to permit the construction of a pole sign 112 feet in height in deviation to the 35 foot height limit in the C4 Highway Commercial District, on property located on the northeast corner of Gothard Street and Edinger Avenue. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met, and that he had received no communications or written protests to Con- ditional Exception No. 69-17 or to the recommendation of approval of the Planning Commission, other than the letter of appeal. The Clerk read the letter of appeal to Conditional Exception No. 69-17, filed by Councilman Matney, At this time staff reports were presented for Council's--information. Mayor Green declared the hearing open, Mr. Cris Co Cris, 9627 Adams Avenue, City, representing the Home Council, addressed Council and requested a continuance of this matter so that the various Homeowners groups could review the matter. On motion by Kaufman, Council continued the appeal to Conditional Exception No, 69-17 to the meeting of July 21, 1969, Motion carried. ZONE CASE NO 69-13 - PUBLIC HEARING - DE GUELLE - APPROVED Mayor Green announced that this was the day and hour set for a public hearing on Zone Case No. 69-3, on property located west of Alabama Street, south of Adams Avenue for a change of zone from R3-0 Limited Multiple Family Residence District, combined with oil production, to C4 Highway Commercial District with a 50 foot setback from the ultimate right-of-way lined At this time staff reports were presented for Council's information. Mayor Green declared the hearing open. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met, and that he had received no communications or written protests to Zone Case No. 69-13 or to the recommendation of approval of the Planning Commission. 'Mayor Green 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 Coen, Council sustained the decision of the Planning Commission and directed the City Attorney to prepare an ordinance effect- ing the change of zone in Zone Case No, 69-13. Motion carried, 012, Page #15 - Council Minutes - 7/7/69 ZONE CASE NO 69-18 - PUBLIC HEARING - LAMB - APPROVED Mayor Green announced that this was the day and hour set for a public hearing on Zone Case No. 69-18, on property located east of Magnolia Street, approximately 490 feet south of Garfield Avenue for a change of zone from C2 Community Business District to R3 Limited Multiple Family Residence District. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met and that he had received no communications or written protests to Zone Case No. 69-18 or to the recommendation of approval of the Planning Commission. At this time staff reports were presented for Council's information. Mayor Green declared the hearing open. Mr. Nathan Weisman, 16000 Ventura Blvd., Encino, developer of the prop- erty, addressed Council and requested that they approve Zone Case No, 69-18, Mr. Marc Porter, 19421 Providence Lane, City, addressed Council regard- ing this matter. There being no one further present to speak on the matter, and there being no protests filed, either.oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council sustained the decision of the Planning Commission and directed the City Attorney to prepare an ordinance effecting the change of zone in Zone Case No. 69-13. Motion carried. APPEAL TO BUSINESS LICENSE DENIAL - PUBLIC HEARING DENIED Mayor Green announced that this was the day and hour set for a public hearing to consider an appeal to the denial by the City Clerk to issue a business license to James T. Butler and Stephen A. Schirmer, to con- duct the business of selling records and stereo tapes, known as "Under- ground City Hall", located at 116 Main Street, City. The Clerk informed the Council that all legal requirements had been met, and that he had received no communications or written protests on this matter, other than communications from Arthur Strock, Attorney, repre- senting the appellants. Mayor Green declared the hearing open. Police Captain Earle Robitaille presented a summary of the investigation report by the Huntington Beach Police Department. Mr. Arthur Strock, Attorney, representing the appellants, addressed Council and gave reasons why he believed that the Council should approve his client's application for business license. Mr. James T. Butler, appellant, 2417 Venier Way, Costa Mesa, addressed Council and gave reasons why he believed he should be granted a license for this type of business. Mr. Stephen A. Schirmer, appellant, 1622 Minocca Drive, Costa Mesa, addressed Council and requested that they grant Mr. Butler and himself permission to operate said business. :9031 Page #16 - Council Minutes - 7/7/69 There being no one further present to speak on the matter, the hearing was closed by the Mayor. The City Attorney informed Gguncil that the City Clerk had discretion to issue or deny a permit on the basis of possible impairment of safety, welfare, heg1th and morals. of the community, and that procedural due process had been granted to the appellants by the City Council`a On motion by McCracken, Council sustained the decision of the City Clerk and denied the appeal filed by Arthur Strock, Attorney, on behalf of Mr. James T. Butler and Stephen A. Schirmer, to conduct the business of selling records and stereo tapes, to be known as the "Underground City Hall" at 116 Main Street, City. Motion carried. REQUEST FOR FLAG TO BE INSTALLED IN ADMINISTRATIVE ANNEX_ Mr, Cris C. Cris, 9627 Adams Avenue, City, addressed Council and requested that an American flag be placed in the Administrative Annex. Mayor Green informed Mr. Cris that this matter would be referred to the staff for action on his request. ULi - SUB -COMMITTEE RECOMMENDATION The City Administrator informed Council that the ULI-Citizens Steering Committee had approved the recommendation. of the Transportation Sub - Committee that Council authorize the employment of a traffic consultant to review and project future traffic needs of two alternate general plans. He further stated that he believed this Step necessary as a result of the ERA economic report, and to further substantiate the City's•freeway on and off ramp needs with the State Highway Department. Following discussion, on motion by Coen, Council authorized the staff to select an individual or firm to contract with the City to provide this service, Motion carried. RECESS - EXECUTIVE SESSION Mayor Green called a recess of Council at 10e42 Po M., to convene in Executive Session. RECONVENE The meeting was reconvened at 11:35 P. M. by Mayor Green. ADJOURNMENT. On motion by Bartlett, the regular meeting of the City Council of Huntington Beach adjourned at 11:35 P. Mo to Monday, July 14, 1969, at 7030 P� M. in the Council Chambers. Motion carried. ,ATTEST: Paul Ca Jones City Clerk C-z oe-41t,� Paul C . ones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California N..John V. V. Green Mayor 9(; 4 Z M