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HomeMy WebLinkAbout1969-12-08MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 8, 1969 Mayor Green called the regular adjourned 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 Chamber. The Invocation was given by Thomas W. Overton, Minister - First Christian Church. ROLL CALL Councilmen Present: Bartlett, McCracken, Kaufman, Matney, Green, Shipley (arrived 4:52 P.M.) Councilmen Absent: Coen PRESENTATION TO COUNCIL - YOUTH COALITION COMMITTEE Mr. Rodney Jones Acting Chairman of the Youth Coalition Committee presented white 'Good Guys" caps to each Councilman to wear during the holiday season, in appreciation of the support and aid thia.t Council has given to the Youth Coalition Committee. The Councilmen then donned the caps and a, group photograph was taken of the Council and members of the Youth Coalition Committee. CONSENT CALENDAR (ITEMS APPROVED On motion by Kaufman, and carried unanimously, the following consent items were approved and adopted as recommended, by the following roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: None ABSENT: Councilmen: Shipley, Coen 1. MINUTES - Regular meeting of November 17, 1969, regular adjourned meeting of November 24, 1969, and the regular meeting of December 1, 1969, as written and on file in the office of the City Clerk. lnlf 2. DEDICATION OF IMPROVEMENTS - TRACT NO 6469 - MEINE CONSTRUCTION CO Accepted improvements dedicated for public use, in Tract No. U7F7, authorized release of the Faithful Performance portion of the Improve- ment Bond, release of the Monument Bond and termination of the Sub- division Agreement. .r 3. SUBDIVISION AGREEMENT - TRACT NO 6726 - WM LYON DEVELOPMENT CO Accepted Monument Bond No. 15- -097 American Casualty Company of Read- ing, PA.); approved and authorized execution of the Subdivision Agreement and agreement -in -lieu of Improvement Bond fro Tract No. 6726. r y: 4. SUBDIVISION AGREEMENT TRACT NO 6933 - BRAEMAR HOMES Accepted MonumenT Bond No. d40236 - Improvement Bon No. 8402358.Labor and Materials Bond No. 840235b (General Insurance Company of America.) and approved and authorized execution of the Subdivision Agreement - Tra,et No. 6726. 5. REIMBURSEMENT - CRAIG DEVELOPMENT COMPANY - WATER MAIN CONSTRUCTION Authorized reimbursement of 5,372.50 to Craig Development Company for construction of off -site Water Main at Adams Avenue and Brookhurst Street per Reimbursement Agreement No. 120. 6. RESOLUTIONS RESOLUTION 3083 -'AUTHORIZED EXPENDITURE - SEWER FUND - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." 24 Page #2 - Council Minutes - 12/8/69 RES NO -�084 - AUTHORIZES EXPENDITURE - DRAINAGE DZST 9 FUND - ADOPTED "A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM DRAINAGE DISTRICT NO. 9 FUND." RES NO 3085j- AUTHORIZES EXPENDITURE - SEWER FUND - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." RES NO -�086 - AUTHORIZES EXPENDITURE - SEWER FUND - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." BID AWARD - SIGNALIZATION - BROOKHURST STREET - E D JOHNSON - CC-135 The City Clerk read a, communication from the Director of Public Works stating that bids for the construction of signa,lization facilities at the intersections of Brookhurst Street at Yorktown and India.na.polis Avenues -- Project CC-1.35, had been opened at 9:00 A.M. on Monday, December 85 1969, in the Administrative Conference Room by the City Clerk, City Attorney and the Director of Public Works, and that E. D. Johnson and Com any, Anaheim, California, was the low bidder with a, bid in the amount of M,629.00. Mr. Wheeler recommended that Council award the bid to E. D. Johnson and Company and reject all other bids. The bids submitted were as follows: F. D. Johnson and Company -- Anahiem, California - 39,629.00 Steiny Mitchell and Company - Los Angeles, California, - 40,781.00 Smith Electric Supply - Stanton, California - 45;573.00 A motion was made by Councilman Bartlett to award the contract for Pro- ject CC-135 to E. D. Johnson and Company, Anaheim, California,, the lowest responsible bidder, for the bid amount of $39,629.00; to reject all other bids and direct 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, NOES: Councilmen: None ABSENT: Councilmen: Shipley, McCracken, Kaufman, Matney, Green Coen DOWNTOWN PARKING METERS - USE ELIMINATED DURING HOLIDAYS - APPROVED The City Administrator suggested that Council authorize the placement of Merry Christmas covers over parking meters in the downtown area, of the city through December 25, 1969, in order to promote more business activity during the Christmas season. Councilman Bartlett stated that he believed this was a, good idea. and per- haps should be extended through New Year's Day, January 1, 1970. On motion by Bartlett, Council approved the recommendation of the City Administrator and authorized the placement of Merry Christmas covers over downtown area parking meters through January 1, 1970. Motion carried. AUTHORIZATION TO EXECUTE CONTRACT - FIRE STATIONS - APPROVED The City Administrator informed Council that a, satisfactory architectural contract for the design of the Murdy Industrial Park Fire Station and the Gothard Street Station; Training Facility and Communication Center had been negotiated with the architectural firm of Anthony and Langford and requested that Council approve the contracts and authorize the Mayor and City Clerk to execute same on behalf of the City. On motion by Kaufman, Council approved the contracts between the City and the architectural firm of Anthony and Langford for the design of the Murdy Industrial Park Fire Station and the Gothard Street Station and the Training Facility Center and Communications Center and authorized the Mayor and City Clerk to execute same on behalf of the City. Motion carried. 5 Page #3 - Council Minutes - 12/8/69 TOPICS PROGRAM - COORDINATING AGENCY DESIGNATED - APPROVED The City Administrator recommended that Council approve the designation of the County of Orange as the area. coordinating agency for the Orange County portion of the Los Angeles Metropolitan Area TOPICS program. He further stated that there would be no cost to the city. The Director of Public Works informed Council that the intention of the program is to concentrate on areas where traffic problems are foreseen and to discuss how the traffic planning policies of cities affect each other. A motion was made by Councilman Matney that Council approve the designa- tion of the County of Orange to serve as the area coordinating agency for the Orange County portion of the Los Angeles Metropolitan Area TOPICS program. Councilman Shipley requested and was granted permission to abstain from voting on this matter as he was not present during the discussion. When put to a vote, the motion passed with Councilman Shipley abstaining. EXPANSION OF PARKING AUTHORITY PROJECT The City Administrator recommended that the services of the firm of Cedric A. White, Anaheim, California, be retained for the appraisal and litigation portion of the Parking Authority Expansion Project. He stated that the firm of Land Acquisition Service would be available for the negotiation phase of the project. On motion by Matney, Council approved the recommendation of the Admin- istrator that the firm of Cedric A. White, Anaheim, California, be retained for appraisal and litigation services relative to the Parking Authority Expansion Project. Motion carried. FISHERMAN RESTAURANT - GIFT SHOP - LEASE ADDENDUM - APPROVED The Assistant City Administrator informed Council of a communication from Mr. Howard Lutz, lessee of the Fisherman Restaurant (LRC, Inc.) requesting Council permission to amend the present lease to allow the establishment of a gift shop in the upstairs portion of the building, replacing the present snack shop. The Assistant City Administrator stated that it was the recommendation of the staff that said request be granted. On motion by Shipley, Council approved an addendum to The Fisherman Restaurant (LRC, Inc.) lease to allow the operation of a gift shop in a portion of the upper premises of the restaurant, on a month to month basis. Motion carried. LEASE OF COMPUTER EQUIPMENT - TABULATING TECHNICIANS INC - APPROVED The City Administrator informed Council that the City Finance Director was prepared to discuss plans for the lease of City computer equipment, when not in use by the City, to the firm of Tabulating Technicians Inc. He stated that the lease would be for a period of 14 months. The Finance Director informed Council that a lease between the City and Tabulating Technicians Inc. for the use of City computer equipment had been prepared for Council's consideration. He stated that City employees would be in charge of the operation and that such lease would not conflict with th:e.present every day use of the equipment. A minimum monthly income of $822.15 would be derived from this lease together with 30% of Tabulating Technicians Inc. gross revenue. Considerable discussion was held by Council on this matter. On motion by Kaufman, Council approved the lease of the City computer equipment for a, 14 month period to Tabulating Technicians ,Inc., with the stipulation that said equipment shall be operated by City employees only, and authorized the Mayor and City Clerk to execute same on behalf of the City, subject to final approval of the City Administrator. Motion carried. M Page #4 - Council Minutes - 12/8/69 ORDINANCES FOR ADOPTION On motion by Kaufman, Council directed the Clerk to read Ordinance Nos. 1540, 1541, and 1542 by title, waived further reading and passed and adopted same by the following unanimous roll call vote: ORDINANCE NO 1540 - AMENDS SECTIONS 0039 and 0059 - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 0039 AND ADDING SECTION 0053 ENTITLED 'SAVING EFFECT OF TERMINATION OR SUSPENSION OF CITY LAWS'." ORDINANCE NO 1541 - ZONE CASE NO 69-12 - ADOPTED "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 400 FEET SOUTH OF WARNER AVENUE, 660 FEET WEST OF EDWARDS STREET (ZONE CASE NO. 69-12)." �i ORDINANCE NO 1542 - ZONE CASE NO"69-30 - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION �q6l THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED 660 FEET NORTH OF BANNING AVENUE AND 660 FEET EAST OF BUSHARD STREET (ZONE CASE NO. 69-30)." - f «i -. ORDINANCE NO 1543 - ZONE CASE NO 69--31 - ADOPTED The Clerk gave Ordinance No. 1543 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 SOUTH SIDE OF WARNER AVENUE, APPROXIMATELY 660 FEET EAST OF EDWARDS STREET (ZONE CHANGE CASE NO. 69-31)." On motion by Kaufman, Council waived further reading of Ordinance No. 1543. When put to a vote the motion passed unanimously. On motion by Kaufman, Ordinance No. 1543 was passed and adopted by the Following roll call vote: AYES: Councilmen: Shipley, NOES: Councilmen: Matney ABSENT: Councilmen: Coen ORDINANCES FOR INTRODUCTION Bartlett, McCracken, Kaufman, Green The City Clerk informed Council that he had been informed by the City Attorney's office that revisions were being made on Ordinance No. 1546. Mayor Green directed that Ordinance No. 1546 be withdrawn from the agenda. On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1544, 1545 and 1547 by title and waived further reading by the following unanimous roll call vote: AYES: Councilmen: :Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: None ABSENT: Councilmen: Coen ORDINANCE NO 1544 - ZONE CASE NO 69-32 - FIRST READING "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 NORTHWEST CORNER OF EDINGER AVENUE AND GOTHARD STREET (ZONE CHANGE CASE NO. 69-32)." '17 Page #5 - Council Minutes - 12/8/69 7[ - �`�C! ORDINANCE NO 1545 - ESTABLISHES SPEED LIMIT - FIRST READING "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 BROOKHURST STREET FROM GARFIELD TO HAMILTON, AND FROM HAMILTON TO THE PACIFIC COAST HIGHWAY." ORDINANCE NO 1547 - ACTIVITIES IN CITY PARKS - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 7721.10 THEREOF PERTAINING TO GAMES AND ACTIVITIES IN CITY PARKS." REPORTS - COUNCIL COMMITTEES Multi -Family Zoning Committee Councilman Matney stated that the Multi -Family Zoning Committee would present a report to Council in the very near future. COMMENTS FROM COUNCIL Student Government Day Councilman McCracken stated that the Council was looking forward to the city -sponsored Student Government Day and hoped that the event would prove fruitful to the student participants. .! Display of Flags on Beach - Referred to Design Review Board Councilman McCracken stated that there had been some difficulty with the erection of a, flag pole on city beach property in connection with Jack ClappTs snack bar. Vincent Moorhouse, Director of Harbors, Beaches and Development, requested that Council set a. policy concerning the use. of city reach property for erecting flag poles. Council held considerable discussion on this matter. Matney moved that this matter be referred to the Design Review Board for recommendation, as this is an architectural problem. Motion carried. f1 Use of Natural Gas in City Vehicles Councilman Matney stated that he would like to see the City of Huntington Beach begin a pilot program in the use of natural gas for police vehicles. The Assistant City Administrator informed Council that the County of Orange was undergoing such a program with Pacific Lighting Company. Councilman Matney directed the City Administrator to look into this matter further. Expansion of Edison Plant - Public Hearing at Fountain Valley Mayor Green asked the pleasure of the.Council as to whether or not they would like one of the members of Council to make a presentation at the public hearing at Fountain Valley concerning the expansion of the Edison plant. After considerable discussion, Council decided not to make a presenta- tion as they would prefer waiting for more information before taking a more positive position in the matter. Top'of the Pier Plan - Study Councilman Kaufman requested information as to the status of the study being prepared by the City Attorney regarding the Top of the Pier Plan. The City Administrator informed Council that he was reviewing the study for presentation at the next meeting. 8 Page #6 - Council Minutes - 12/8/69 jr Resignation - Leonard K. Ewers - Chairman, Youth Coalition Mayor Green announced the resignation of Mr. Leonard K. Ewers, Chairman of the Youth Coalition Committee. On motion by Shipley, Council directed that a, Certificate of Appreciation be prepared for presentation to Mr. Leonard K. Ewers, in appreciation of the fine job he has done as Chairman for the Youth Coalition Committee. r Top of the Pier Plan - Letter The Clerk read a letter from Arthur Guy, Newport Beach Attorney, to the City Attorney regarding the Top of the Pier Plan. Mayor Green ordered the letter received and filed. RECESS Mayor Green called a, recess of the Council a,t 5:57 P.M. Council was reconvened at 7:40 P.M. by the Mayor Pro-tempore. 6u REAPPOINTMENT - DR SHER - OC MOSQUITOIABATEMENT CONTROL..BOARD'- DEFERRED. A letter from the District Manager of the Orange County Mosquito Abate- ment District requesting the reappointment of Dr. Sher or a, successor as the City's representative on said Board, was deferred until the next regular Council meeting. „;2 j PUBLIC HEARING - ZONE CASE NO 69-33 - REFERRED TO PC Mayor Pro-tempore McCracken announced that this was the day and hour set for a, public hearing on Zone Case No, 69-33, on property located at the southwest corner of Heil. Avenue and Magnolia Street, from Rl to C4, with a 50 foot setback from the ultimate right-of-way line, and R3. 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. 69-33 or to the recommendation of the Planning Commission that this Zone Case be approved as recommended by the staff. The Planning Director presented a, resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 69-33• Mayor Pro-tempore McCracken 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 Pro-tempore. On motion by Matney, Council referred Zone Case No. 69-33 to the Planning Commission for further study. Motion carried. PUBLIC HEARING - PRECISE PLAN NO 69-3 - APPROVED Mayor Pro-tempore McCracken announced that this was the day and hour set for a, public hearing on Precise Plan of Street Alignment No. 69-3 of a, future street to be known as Belsito Drive, located north of Oak View Park Site, between Nichols Street and Emerald Lane. 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 Precise Plan Street Alignment No. 69-3, or to the recommendation of the approval of the Planning Commission. The Planning Director presented a resumer of the Planning Commission's reasons for recommending approval of Precise Plan No. 69-3. Mayor Pro-tempore McCracken declared the hearing open. 9 Page #7 - Council Minutes - 12/8/69 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 Pro-tempore. On motion by Bartlett, Council sustained the decision of the Planning Commission and directed the City Attorney to prepare an ordinance effecting the alignment of a future street to be known as Belsito Drive, located north of Oa.k View Park Site, between Nichols Street and Emerald Lane. Motion carried. /6Y PUBLIC HEARING - RATE INCREASE - YELLOW CAB CO:- APPROVED Mayor Pro-tempore McCracken announced that this was the day and hour set for a, public hearing on a. petition from Yellow Cab Company of Newport Beach and Costa, Mesa., requesting an increase in taxi fares in the City of Huntington Beach. 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 this petition for an increase of taxi fares. The City Administrator called attention of the Council to therate study sheet which hadbeen presented to them for their information. Mayor Pro-tempore McCracken declared the hearing,open. Mr. Herman Tate, owner of the Yellow Cab Co. of Newport Beach and Costa Mesa,.addressed Council and stated that he would answer any. questions Council had concerning the 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. The City Clerk informed Council that the Attorney's office had prepared a Resolution approving the increase in rates for taxi service,and that he would read same if it were the desire of the.Council.. When directed by.the Mayor, the Clerk read Resolution No. 3087 in full - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A NEW SCHEDULE OF RATES FOR TAXICAB COMPANIES IN SAID CITY." Mayor Green requested and was granted permission to abstain.. On motion by Kaufman, Council passed and adopted Resolution No. 3087 by the following roll call vote AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney NOES: Councilmen: None ABSTAIN: Councilmen: Green ABSENT: Councilmen: Coen PUBLIC HEARING - IDLE WELL - EDWARD FRISIUS APPEAL - DENIED Mayor Green announced -that this was the day and hour set for a public hearing on an appeal filed by Edward N. Frisius, owner of Idle Well "Bennett" #1, located on Lots 21 and 23, Block 420, Huntington Beach Tract - 50 feet south of Pecan on the westside of 20th Street, to the decision of the Oil Field Superintendent's ruling that subject well is:an "idle well" as defined in Section 2331.27 of the Huntington Beach Ordinance.Code. Mr. Day, Oil Field Superintendent, discussed with Council the reason, subject well was determined to be an "idle well". 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 the appeal of the decision of the Oil Field Superintendent. Mayor Green declared the hearing open.. 30 Page #8 - Council Minutes - 1218169 Mr. Dale Bush, 1220 Main Street, Huntington Beach, attorney representing Mr. Frisius, appellant, addressed Council and gave reasons why he believed the appeal to the Oil Superintendent's decision should be granted. The City Attorney gave his opinion as to the legality of the matter. Mr. Edward Frisius, 541 Ivywood Dr., Oxnard, California, .further outlined reasons he believed his appeal to the Oil Superintendent's ruling should be granted. On motion by Kaufman, Council sustained the decision of the Oil Field Superintendent, and denied the appeal of Mr. Edward Frisius. Motion carried. OIL WELL CLEAN-UP Councilman Matney inquired as to the problems presented in enforcing clean up of unsightly oil well sites. The Oil Field Superintendent discussed the problems of clean-up with the Councilmen. The City Attorney stated that his office had been working on the Ordinance Code pertaining to the reactivation of idle oil wells. On motion by Matney, Council directed the City Attorney to bring recom- mendation of changes that could be made to improve the section pertain- ing to oil in the Huntington Beach Oil Code. Motion carried. _F APPLICATION FOR COUNCIL PERMIT - MICHAEL NUBEN - "THE CAVE" - APPROVED The Clerk presented a letter of appeal from Michael J. Nuben, 21321 Bulkhead Circle, City, to the denial by the City Clerk of a, business license to operate "The Cave" - dinner and dance at 807 Adams Avenue, City. The Clerk informed Council his reason for denial of said business license wa,s based on recommendation from the Police Department. Mr. Jerry Owens, 1601 Corsica, Place, Costa, Mesa, who stated that he has a financial interest in "The Cave", addressed Council and outlined in length the reasons he believed Council should grant this business license. Police Chief Robitaille stated the reason he recommended denial was because the business specifically violated two sections of the Ordinance Code, which the owner had neglected to rectify. Mr. Michael J. Nuben, appellant, addressed Council and gave further reasons why he believed Council should grant his business license. Mr. John Henricksen, 618 Adams Avenue, City, addressed Council and stated the reasons he believed Mr. Nuben's license should be denied. Police Chief Robitaille stated that he would have no objections to the issuance of the business license if Mr. Nuben. would comply with the two sections of the Ordinance Code he was presently violating. After considerable discussion, a, motion was made by Councilman Kaufman to accept the recommendation of the Chief of Police to issue a, business license and entertainment permit, subject to approval by the Police Department, including compliance to the anti -noise law. The motion passed by the following roll call vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Shipley, Bartlett, McCracken, Kaufman Matney, Green Coen 31 Page #9 - Council Minutes - 12/8/69 ADJOURNMENT On motion by Kaufman, the regular.adjourned meeting of the City Council of the City of Huntington Beach adjourned at 10:25 P.M. Motion carried. 'pftes City Clerk and-.officio Clerk of the City Council of the City of Huntington Beach, California N. John V r Mayor. ATTEST: Paul .' nes City Clerk tj 32