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HomeMy WebLinkAbout1960-10-171 460 MINUTES Council Chamber, City Hall Huntington Beach, California October 17th, 1960 Mayor Gisler called the regular meeting of the City Council of the City of Huntington Beach to order at 7; 30 o'clock P.M. The Pledge of Allegiance was given by all present in the Council Chamber. Invocation was offered by Reverend Westwell Greenwood, St. Willfords Episcopal Church, Huntington Beach. Councilmen Present: Lambert, Stewart, Waite, Gisler Councilmen Absent: Wells Report of Police On motion by Stewart, seconded by DDenartment- Waite, the report of the Police Department for the month of September, 1960, as received by the Council, was ordered received and filed. Motion carried. First Church A communication from the First Church of Christ - of Christ, 1207 Main Street, City, requesting that Council give consideration to cutting Loma and Sixteenth Streets south and west of the Church, was presented by the Clerk. On motion by Waite, seconded by Stewart, the request of the First Church of Christ be referred to the City Administrator and the City Engineer for study. Motion carried. Or. Co. Hiway Dept. A communication from the Orange Protects for 1961-62 County Highway Department requesting the City to make application for projects for the fiscal program of the fiscal year 1961-62, was presented by the Clerk. On motion by Lambert, seconded by Waite, the communication from the County Highway Department be referred to the City Administrator and the City Engineer for study and report. Motion carried. 51! 46 1. Page #2 - Minutes, October 17th, 1960 Request for A communication from Mr. and Mrs. Sewers -England -St. Lester R. Pederson, 2511-2515 England Street, and six neighbors, requesting the City to extend the Sewer System 330 feet north of Yorktown Street, on England Street, was read by the Clerk. On motion by Waite, seconded by Lambert, the communication from Mr. and Mrs. Pederson and neighbors, be referred to the City Engineer and the City Administrator for study and report back to Council. Motion carried. Lifeguard Chief A communication from Mr. Vincent Re uests Vacation G. Moorhouse, Lifeguard Chief, requesting permission to start annual vacation on October 19th, 1960, was presented by the Clerk. On motion by Lambert, seconded by Waite, the Lifeguard Chief be granted permission to start his vacation October 19th, 1960. Motion carried. Reso. - Board of A Resolution of the Board of Suuv. —Prop. #1 Supervisors of Orange County, declaring that it was in full support,of Proposition One, and urging a favorable vote on Proposition One by all, Orange County Citizens at the General Election on November 8th, 1960, was read by the City Clerk. On motion by Waite, seconded by Stewart, the Resolution of the Board of Supervisors be received and filed. Motion carried. Girl Scout Troop Mrs..Kay Richardson introduced No. 68 Introduced Girl Scout Troop No. 68, who were present in the Council Chamber, to the City Council. Mayor Gisler expressed his thanks to Mrs. Richardson for having the group present at the Council meeting. Finance Committee Mayor Gisler then appointed a new Appointed - Finance Committee for the ensuing six month, consisting of Councilman Stewart, Councilman Lambert and Mayor Gisler. -2- [4 62 Page #3 - Minutes, October 17th, 1960 H. Jack Hanna- Mr. 14. Jack Hanna, Driftwood Inn Driftwood Inn Developer, addressed the City Council and informed them that as soon as the sixty day waiting period was ended, they would begin construction of the Driftwood Inn. Cont. - Public Hearinc- Mayor Gisler announced that the next Wm. L2on - Tract #3903 item, would be the continuation of the public hearing on the appeal of Mr. William Lyon, developer of Tract No. 3903, to a decision of the City Planning Commission - the hearing continued from the meeting of October 3rd, 1960. Mayor Gisler Mayor Gisler informed the Council Excused from Meeting that he had,an interest in the subject, and had appeared at the City Planning Commission meeting concerning same, and asked to be excused from the con- sideration. Councilman Waite On motion by Lambert, seconded by Anpt. Temp. Chairman Stewart, Councilman Waite be appointed Temporary Chairman to preside during this hearing. Motion carried. Chairman Waite announced that this was the date and time set for a continuation of the public hearing on the appeal of Mr. William Lyon, developer of Tract No. 3903, to a decision of.the City Planning Commission. Attu. Heinly Attorney Heinly informed the Council that immediately prior to the continuance of this hearing from the last meeting, he had filed an objection to.such continuance and was overruled in his objection.. Attorney Heinly then quoted from the Business and Vrofessions Code of the State of California, Sections 11552 and 11553, regarding the hearing of appeals to a decision of the legislative or advisory body concerning subdivis ions. Objections to Attorney Heinly stated that he felt Continuation of Heari.np that the Council were not within their prerogative to continue the hearing, and he was objecting -3- 463 Page #4 - Minutes, October 17th, 1960 to the entire proceedings of the continuation; and demanded that the City Clerk of the City of Huntington Beach, sign the Tract Map of the subdivider. Chairman Waite Chairman Waite stated that the City Council was the governing body of the City of Huntington Beach; that Tentative Tract Map No. 3903 had never been presented as such, to the City Council for approval; there- fore the governing body of the City of Huntington Beach had never had the opportunity to make a decision on this tract. Atty. Bauer Attorney Bauer informed the Council that under the Ordinance of the City of Huntington Beach, the Planning Commission constituted the Advisory Committee, and tentative maps were presented to that advisory body in due course. He further stated that the Planning Commission makes their recommendations to the City Council, and the City Council acts upon that recommendation, either approving or disapproving the recommendation. Mr. Bauer informed the Council that he was in disagreement with Attorney Heinly on his interpretation of some of the sections which had been brought forth in regard to the Clerk being required to certify the map. He stated further that he believed the City Council had met the requirements of the Section of the code by hearing the appeal within the required time; but that he could find nothing in the code which would prohibit the Council from continuing the hearing in case they were not able to hold it all at one time. Attorney Bauer then recommended to the Council that they continue with the hearing. Mr. Jeffrey Millet Mr. Jeffrey Millet was recalled to the witness stand and was sworn by the City Clerk. -4- [464 Page #5 - Minutes, October 17th, 1960 Attu. Heinle Attorney Heinly registered objections to the continuation of the proceedings of the hearing, and the calling of further witnesses, because of his contention that the Council was without the power to act. Mr. Millet was then questioned by Attorney Bauer on direct examination. Attorney Heinly at this point asked that the records showthat he was registering a continuing objection to all questioning throughtout the balance of the proceedings, to which Attorney Bauer agreed to stipulate. Attu. Bauer Attorney Bauer then called Mr. Clifford Tripp, the Huntington Beach Planning Director, to the stand. Mr. Tripp Mr. Tripp was duly sworn by the City Clerk and was then questioned by Attorney Bauer on direct examination. Mr. Tripp stated under questioning that he had received permission to enter on the land involved in this hearing to take soil tests; that he engaged Twining Laboratories of Santa Ana, California, to conduct the soil tests for him. Mr. Tripp stated that it had been intended to take twenty five soil samples, but only nineteen had been taken, and that ten of the nineteen showed rotary mud. He stated further that analysis of the ten samples which indicated rotary mud, showed a depth of from one to three feet in each case. Mr. Tripp informed the Council that the remainder of the intended tests had not been taken because the boring equipment got stuck in the mud. -5- 465 Page #6 - Minutes, October 17th, 1960 Atty. Bauer At this point, Attorney Bauer asked Attorney Howell, representing the,RCA Corporation, whether he was participating with Attorney Heinly in his objection to this portion of the proceedings. Atty. Howell Attorney Howell informed Attorney Bauer and the Council that since he was representing the land owners who were trying to sell the land to Attorney Heinly's client, that he believed he would have to take a similar stand with Attorney Heinly. Recess of Hearing Chairman Waite called a recess of the hearing at 8:10 o'clock P.M., in order that the hearing on the protests of the proposed annexation to the City of Hunt- ington Beach of certain uninhabited territory designated as "Sunset Harbour Annexation" could be beard. Mayor Gisler Atthis point Mayor Gisler resumed Resumes Chair the chair to preside again. Atty. Bauer Attorney Bauer informed the Council that this was the hearing on the protests which had been filed. The Clerk informed the Council that the only protest which was filed in connection with the "Sunset Harbour Annexation" was on a parcel shown on the assessors book as Parcel No. 12, owned by the Sunset Land and Water Company, surface rights only, no mineral rights involved, and that on the 1960 Assessors roll - the value was eleven hundredabllars ($1100.) for land only. Hunt. Harbor Corp. - The Clerk then read a communication Owners of Lan6 from the Huntington Harbor Corpora- tion, stating that they were the present owners of the land formerly owned by the Rancho-Lomito Corporation, whidhis the 1460' Pap-e #7 - Mint:tes, October 17th, 1960 subject property in the Sunset Harbour Annexation; and that Huntington Harbor Corporation acquired title by a deed registered on the 14th day of October, 1960, in Book 5456, Page 408 of Officials Records in -the office of the County Recorder of Orange County, California. The Huntington Harbor Corporation as owners requested that this property be annexed to the City of Huntington Beach. City Admin. Attends A communication from the City States Lands Comm. Administrator informing the Council that he attended the meeting of the States Lands Commission at Sacramento, on September 29th, 1960, as instructed by Council, and that assessed value of State Tide Lands of territory proposed to be annexed to the City of Huntington Beach under Resolution No. 1429, was assessed in the amount of two hundred and twenty seven thousand six hundred and fifty dollars ($227,650.). Also that the State Lands Commission had no objection to the annexation. The Clerk stated that the total assessed valuation of the territory to be annexed, including that placed by the Stated Lands Commission and the valuation of underground mineral rights, was a total of one million, seventy four thousand, seven hundred eighty dollars ($1,074,780.), and that the protest of the Sunset Land and Water Company amounted to less than one percent of the total valuation. City En r . Wheeler City Engineer Wheeler then pointed out on a map the area owned by the Sunset Land and Water Company which was under protest. On motion by Waite, seconded by Lambert, the protest of the Sunset Land and Water Company, in connection with the Sunset Harbour Annexation be denied. Motion carried. -7- 467 Page #8 - Minutes, October 17th, 1960 Ord. No. 800- The Clerk then gave Ordinance No. First Reading in 800 its first reading/full, *'AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "SUNSET HARBOUR" TO THE CITY OF HUNTINGTON BEACH." Mr. Lewis Douglas Mr. Lewis Douglas, representing Huntington Harbor Corporation, addressed the Council and expressed the appreciation of his company for the action of the Council in proceeding with the annexation of this territory. Mr. Douglas stated that he felt sure that the relations between his company and the City would be of the finest. On motion by Waite, seconded by Stewart, Council go on record welcoming the Huntington Harbor Corporation, and all Department Heads be requested to coop- erate with them in any assistance they should require. Motion carried. Mayor Gisler Mayor Gisler then excused himself Excused from Hearing again from the deliberations of the Council and turned the gavel over to Councilman Waite, to resume as Temporary Chairman in the hearing of the appeal of Mr. William Lyon. AttyBauer City Attorney Bauer called as his next witness Mr. James Wheeler, City Engineer, of the City of Huntington Beach. Mr. Wheeler Mr. Wheeler, being duly sworn by the City Clerk, was questioned by Attorney Bauer on direct examination. IM 769 Pa=;e 09 - Minutes, October. 1.7th, 1960 Atty._ Heinly Attorney Heinly did not wish to cross examine the witness since it would not be consistent with his position of objecting to the entire proceedings of the continued hearing. He stated for the record, that if his client was denied his right by the governing body, then he would reserve the right to cross examine the witness at another time. Atty. Bauer Attorney Bauer informed the Council that this was all the testimony they wished to offer in the hearing at this time. Chairman Waite Chairman Waite asked Attorney Heinly whether he had anything further to present, and was told that he did not. Chairman Waite then asked whether there was anyone in the audience who wished to make any statement on the matter. Atty. Howell Attorney Howell at this point, introduced to the Council and the audience, Mr. Gerry, Vice President in charge of Finance for the Radio Corporation of America. Attorney Howell stated that he didn't intend to introduce him formally in the proceedings as the RCA Corporation were attending primarily as interested spectators in this matter. Attu. Bauer Attorney Bauer requested that before the hearing was closed, the map of Tract No. 3903 which was presented, showing the location of the boring samples which had been taken by Twining Laboratories, be introduced as Exhibit A in the hearing. Hunt. Bch. Sd. A communication from the Huntington of Realtors Beach Board of Realtors, stating that the general membership of the Board had gone on record as IM 469 Page #10 - Minutes, October 17th, 1960 approving the stand of the Planning Commission regarding the usage of the RCA property, and recommending that the use of the property for residential purposes be denied, was read by the Clerk. Atty. Heinly Attorney Heinly objected to the introduction of the letter as part of the hearing, based on the grounds that it was heresay, and that the writer of the letter was not present at the hearing for cross examination purposes. Attorney Heinly repeated his object- ion to the entire proceedings of the continued hearing, all of the questions and all of the answers, because the governing body was without any poVer whatsoever to hear any additional evidence. Atty. Bauer calls Attorney Bauer requested that he Jeff Millet be permitted to call Jeff Millet to the stand again. Attorney Bauer then asked Mr. Millet if the map which he handed him, a map of Tract No. 3903, was the one prepared by his Engineering firm, and received the reply that it was one of the maps. Atty. Bauer recalls Attorney Bauer then recalled Clifford Trion Mr. Clifford Tripp to the- stand-4- With each witness recalled, Attorney Heinly registered an objection to the proceedings. Upon questioning by Attorney Bauer, Mr. Tripp identified the same map as a map of Tract No. 3903 which had been submitted to the Planning Commission, a correct map. Attorney Bauer requested that this map be entered in the records as Exhibit B. -10- 470 Page #11 - Minutes, October 17th, 1960. Atty. Heinly - Attorney Heinly registered an objec- obiection to map tion to the introduction of this map as an Exhibit because of the fact that item number nine on the map had been changed at the Planning Commission meeting. Minutes taken Attorney Bauer asked Mr. Tripp at meeting whether minutes had been taken at the hearing before the Planning Commission in the matter of Tract No. 3903, and was informed that they had. Mr. Tripp - Mr. Tripp attempted to read the Minutes of Hearing minutes of this meeting into the record and an objection was registered by Attorney Heinly in this regard. Chairman Waite Chairman Waite overruled the objec- tion of Attorney Heinly and order Mr. Tripp to read the excerpt from the minutes. On question by Mr. Bauer, Mr. Tripp stated that the excerpt of the minutes of the meeting had been transmitted to the City Clerk, as a part of the hearing. Close Hearing The hearing was then closed by Chairman Waite. Atty. Bauer Attorney Bauer informed the Council that the code stipulates that at the conclusion of the hearing, the governing body shall declare its"findings, based upon the testimony placed before it, and they may sustain, modify, reject or overrule any recommendation or ruling of the Advisory Agency. Atty, Bauer Attorney Bauer stated that he believed they had three possible alternatives to use in the case. They may uphold the Planning Commission in their action of denying the tract. They may overrule the Planning Commission in the same action. They may overrule the Planning Commission with -11- 4 7 1 Pale #12 - Minutes, October 17th, 1960 recommendations for improvements or matters of design. Findings of On motion by Stewart, seconded by the Council Lambert, the Council uphold the decision of the Huntington Beach Planning Commission for reasons stated by the Commission in their decision, and for the following additional findings: Land in the immediate vacinity of this tract is irrigated by reclaimed sewerage water which will cause considerable Qdo.r providing a health menance to people who would live in this development. The proximity of the Sewerage Treatment Plant. The proximity of the County Dump. Ground level is below the County Flood Control Channel. The proximity of the Steverson Mud Dump. The -proximity of the Southern California Edison Plant. Limited access --ingress and egress -- to the tract, due to the Flood Control Channel. Soil conditions in this area. Any other conditions which have been brought forth at this hearing. The motion was passed by the following roll call vote: AYES: Councilmen: Lambert, Stewart, Waite, Gisler NOES: Councilmen: None ABSENT: Councilmen: Wells Request by Attorney Heinly addressed the Council At(:.y.. Heinly regarding transmittals from the Planning Commission, Resolution No. 152 recommending approval of Zone Case No. 152 and Resolution No..156 recommending approval of Zone Case No. 156. He informed the Council that these two zone cases had to do with the property owned by his -12- 4 7 2 Page #13 - Minutes, October 1.7th, 1960 client, and -requested that the Council consider a postponement of consideration on these Resolutions for at least thirty days. Mayor Gisler asked that the meeting proceed and Councilman Stewart recommended following the Agenda of the meeting, as written. �TLt Oil. Co. A public hearing on the request of - c: rm . o T,rilliP13onr,V' the SHA Oil Company, for termina- tion of drilling bond on their Well, Number One, was presented by the Clerk, who stated that it mould be necessary to pass this item until the meeting of November 7th, due to the fact that there was insufficient time ellapsed between the publica- tion of the notice of public hearing, and the date set for same. The Clerk stated in the matter -of the public hearing on Resolution No. 135 of the City Planning Commission recommending approval of Zone Case No. 135, there had been a misunderstanding in the publication of the notice, and he requested that the hearing be re -set. On motion by Lambert, seconded by Waite, the public hearing on Resolution No. 135, recommending approval of Zone Case No. 135, be set for Monday evening, November 7th, 1960, at 7:45 o'clock P.M., or as soon thereafter as possible. Motion carried. Ord, No, 794 The Clerk gave Ordinance No. 794 Second 71,eadiklg its second reading by title, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNT- INGTON BEACH ORDINANCE CODE BY -RECLASSIFYING CERTAIN PROPERTY AND AMENDING SECTION 9211.62 BY SECTIONAL DISTRICT MAPS 13-6-11.0 On motion ,by Waite, seconded by Stewart, Ordinance No. 794 was passed and adopted by the following roll call vote: -13- 473 Page #14 - Minutes, October 17th, 1960 AYES: Councilmen: Lambert, Stewart, Waite, Gisler DOES: Councilmen: None .ABSENT: Councilmen: Wells Ord. No. 795 The Clerk gave Ordinance No. 795 Second Reading its second reading by title, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNT- INGTON BEACH ORDINANCE CODE BY RECLASSIFYING CERTAIN PROPERTY AND AMENDING SECTION 9211.46 (SECTIONAL DISTRICT MAP 35-5-10." On motion by Lambert, seconded by Stewart', Ordinance No. 795 was passed and 'adopted by the following roil call vote: AYES: Councilmen: Lambert, Stewart, Waite, Gisler NOES: Councilmen: None ABSENT: Councilmen: Wells Ord. No. 796 The Clerk gave Ordinance No`. 796 First Reading its first reading in full, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO SALARY CLASSIFICATION AND AMENDING SECTIONS OF THE HUNTINGTON BEACH ORDINANCE CODE." Ord. No. 797 The Clerk gave Ordinance No. 797 First ReadinE its first reading in full, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A METHOD OF MODIFYING THE BUDGET OF THE CITY OF HUNTINGTON BEACH FOR THE FISCAL YEAR, 1960-1961 BY RESOLUTION OF THE CITY COUNCIL." Ord. No. 798 The Clerk gave Ordinance No. 798 First ReadiM its first reading in full, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNT- INGTON BEACH ORDINANCE CODE BY RECLASSIFYING CERTAIN PROPERTY; AMENDING SECTIONS 9211.34 (SECTIONAL DISTRICT MAP 15-5-11), 9211.46 (SECTIONAL DISTRICT MAPS 35-5-11) AND 9211.51 (SECTIONAL DISTRICT MAP 2-6-11)," -14- 1 474 Page #15 .. Minutes, October 1.7th, 1960 Ord. No. 799 The Clerk gave Ordinance No. 799 its First Readinz first reading in full, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO FLY CONTROL AN PUBLIC HEALTH; DECLARING AN EMERGENCY TO EXIST; ADDING SECTIONS TO AND AMENDING SECTIONS OF THE HUNTINGTON BEACH ORDINANCE CODE." On motion by Lambert, seconded by Waite, the Clerk be authorized to publish notice of public hearing on Ordinance No. 799, setting a hearing for Monday, November 7th, 1960, at 7:45 o'clock P.M., or as soon thereafter as possible. Motion carried. Kunz Sign Co. A communication from the Kunz Sign Sign location on City PropertyCompany, offering a rental of thirty dollars ($30.00) per month for a sign location on City property at the intersection of Highway 39 and 101 for a directional sign for the Alco Pacific Construction Company, was presented by the Clerk. Following considerable discussion a motion was made by Stewart, seconded by Waite, that the City Clerk notify all companies who have signs on any City property on a rent free basis that they are to remove such signs. Motion carried. On motion by Stewart, seconded by Lambert, the.Clerk notify the applicant, Kunz Sign Company, that the rental offered for the new sign was too low. Motion carried. Hami.lmn Street. A communication from Mr. A. S. Y.6ch, Bridge County Surveyor, to Mr. Stanley E. Krause,�Right of Way Department, County of Orange, concerning - the City of Huntington Beach Acquisition of Right of Way for -15- 475 Page #16 - Minutes, October 17th, 1960 the Hamilton Street Bridge, was read by the Clerk. The Clerk Informed the Council that the communication was for information only and no action was required. Grant Deeds The Clerk presented Grant Deed for presented by Clerk Underground Waters as follows: from Meadowlark and Estates, Incorporated, Bolsa Estates, Incorporated, Doyle and Shields Construction Company, Fair Estates, Incorporated and Club Estates, Incorporated. On motion by Lambert, seconded by Stewart, the City accept the deeds and the Clerk be instructed to record same with the County Recorder of Orange County. Motion carried. wReso. No. 140 - A letter of transmittal on approving Zone Case No. 140 Resolution No. 140, recommending approval of Zone Case No. 140, was read by the Clerk. On motion by Lambert, seconded by Waite, a public hearing was ordered for Monday evening, November the 7th, 1960, at 7:45 o'clock F.M., or as soon thereafter as possible, on Zone Case No. 140, and the Clerk instructed to publish notice of said hearing. Motion carried. Resol No. .152- A letter of transmittal on approving Zone Case No. 152 Resolution No. 152 of the City Planning Commission recommending approval of Zone Case No. 152, was read by the Clerk. of Attu. Howell Attorney Roger Howell,/Santa Ana, representing the RCA Corporation, addressed the Council, and requested that the hearing in this Zone Case and Zone Case No. 156 be set thirty days ahead, in order that his client might make a full study of the possible usages of the land. He stated that his clients had been -16- 1476 Pane #17 - Minutes, October 17th, 1960 trying to sell the land for the past eleven years and that their deal with Mr. Lyon was the first negotiation which had been reached. On ration by Waite, seconded by Stewart, a public hearing was ordered for Monday evening, November 21st, 1960, at 7:45 o'clock P.M., or as soon there- after as possible, on Zone Case No. 152, and the Clerk instructed to publish notice of said hearing. Motion carried. Resolution No. 154 - A letter of transmittal on Resolution avproving Zone Case No. 154 No. 154 recommending approval of Zone Case No. 154, was read by the Clerk. On motion by Lambert, seconded by Waite, a public hearing was ordered for Monday evening, November 7th, 1960, at 7:45 o'clock P.M., or as soon there- after as possible, on Zone Case No. 154,,-and the Clerk instructed to publish notice of said hearing. Motion carried. Reso. No. 1.56 - A letter of transmittal on Resolution ani3rovi.ng Zone Case No. 156 No. 156 of the City Planning Commission recommending approval of Zone Case No. 156, was read by the Clerk. On motion by Stewart, seconded -by Lambert, a public hearing -was ordered for Monday evening, November 21st, 1960, at 7:45 o'clock P.M., or as soon there- after as possible, on Zone Case No. 156, and the Clerk instructed to publish notice of said hearing. Motion carried. Reso. No. 157 - A letter of transmittal on Resolution apnrovim Zone Case No. 157 No. 157 of the City Planning Commission recommending approval of Zone Case No. 157, was read by the Clerk. On motion by Stewart, seconded by Lambert, a public leasing was ordered for Monday evening, -17- 47 Page #18 - Minutes, October 17th, 1960 November 7th, 1960, at 7:45 o'clock P.M., or as soon there- after as possible, on Zone Case No. 157, and,the Clerk instructed to publish notice of said hearing. Motion carried. Planning Com. The Clerk read a transmittal from submitting final. form - Tract Map the City Planning Commission sub - No. 3950 mitting final form of Tract Map No. 3950 for City Council consideration: Developer --Chip Development Company, 12911 Belfast Avenue, Garden Grove, California; Engineer: MacDaniel Engineering Company, 222 East Center Street, Anaheim, California; Location: 330' south of Clay Street, and west of Florida Avenue; Legal Description: Lot 2706 of the Eastside Villa Tract; Number of Lots: 10; Total Acreage: 2.5; that the map had been certified by the City Engineer and the Planning Director to approved Tentative k be true and correct in accordance with the/Provisions of the Tract Map, and in accordance with the City Subdivision Code. The City Council may accept dedications as shown on the map, and in addition approve the final map subject to the following conditions: The City Clerk's signature shall be withheld pending the submittal and completion on the enumerated requirements: 1. Deposit of fees for Water, Sewer, Engineering and inspection. 2. Bond for Improvements. 3. Signature of Agreement. 4. All Subsurface Water Rights shall be deeded to the City of Huntington Beach. On motion by Lambert, seconded by Waite, final Tract Map No. 3950 be approved, subject to the signature of the City Clerk being withheld pending the execu- tion of the required subdivision agreements, the posting of all Page #19 - Minutes, October 1.7th, 1960 required subdivision fees, bonds for improvements,.and deed for the underground water rights. Motion carried. Reaavi.ng of A recommendation by the City Engineer Cannery St. that the work of the J. S. Barrett Company, in the repaving of Cannery Street in lieu of payment of fees be approved, and the release of the bond for this work authorized, was presented by the Clerk. On motion by Stewart, seconded by Waite, the repaving of Cannery Street by the J. S. Barrett Company be approved and the Engineer authorized to release the bond. Motion carried. Xmpr. of. Hunt. A request from the City Engineer to Avenue proceed with the improvement of Huntington Avenue from Atlanta Street to Ocean Avenue, in accordance with plans presented by the Engineering Department on April 1st, was presented by the Clerk. City Emzineer City Engineer Wheeler commented on Wheeler _ this matter, stating that it was his understanding at the time it was first presented, that the Huntington Beach Company would participate with the City by installing the curbs and gutters after the City had proceeded with the preliminary work. J. Sherman Denny, Mr. J. Sherman Denny, Manager of the Huntington Beach Company, addressed the Council and informed them that it was his understanding that his Company would supply the curbs and gutters in the event the preliminary work was taken care of by the City. On motion by Stewart, seconded by Lambert, the request of the City Engineer be referred to the City Administrator and the City Engineer to work out with the -19- 479 Page #20 - Minutes, October 17th, 1960 Huntington Beach Company the details of performing and financing the work involved. Motion carried. Fence at A request from the City Engineer Mun Reservoir to provide a fence at the Municipal Reservoir, to be paid for from funds of the Water Department, was presented by the Clerk. On motion by Lambert, seconded by Stewart, the Purchasing Agent be instructed to obtain informal bids for accomplishing this work, and proceed with having the work done. Motion carried. Personnel request A personnel request from the City from Ctty En&r. was read by the Clerk. Engineer for the following personnal, Needed now 1 Construction Inspector, with request that money be allocated from Account No. 4307 for a Pickup Truck and Radio for same. Needed in January, 1961, 1 Assistant Design Engineer, 1 Senior Civil Engineering Assistant; needed in March, 1961 1 Party Chief, 1 Instrument Man and 2 Engineering Aides. Salary fund for the Construct- ion Inspector to be allocated from Account No. 4307, while funds for all other positions requested have been budgeted in the 1960-61 budget. On motion by Lambert, seconded by Stewart, the request of the City Engineer for additional personnel as listed be granted. Motion carried. Reso. No. 1438 The Clerk read Resolution No. 1438, "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH DETERMINING THE AUTHORITY FOR SETTING PREVAILING RATES OF PAY." On motion by Lambert, seconded by Waite, Resolution No. 1438 was passed and adopted by the -20- 480 Page #21 - Minutes, October 17th, 1.960 following roil call vote: AYES: Councilmen: Lambert, Stewart, Waite, Gisler NOES: Councilmen: None ABSENT: Councilmen: Wells Sanitary Sewers A communication from the City Engineer on Slater Ave. regarding a petition for sanitary sewers in the vicinity of Slater Avenue and Huntington Beach Boulevard, informing the Council that after checkingthere seemed to be sufficient signatures on the petition, was presented by the Clerk. This communication recommended that if the improvement district is formed, the property owners requesting same be based on an eight inch line, but that the City install a twelve inch line, financing the difference from presently available funds in order that additional property might be served in.the future. On recommendation of the Engineer that his office be permitted to give this matter further study, no action was taken by the Council at this meeting. Rancho -Assess. A communication from the City Engineer District giving recommendations for the formation of a Rancho Assessment District for the installation of sewers and paving on "AO and "B" streets in Huntington Beach, recommending that Council authorize the Engineer to proceed with preparing plans for such improvement, for the City Administrator and the City Engineer to arrange with Mr. Ganahl, an Attorney, for the Legal Services connected with the formation of. the District under the 1911 Act, authorization from Council for the City Administrator and the City Engineer to arrange with Lowry and Associates, Engineers of Santa Ana, for -21- 481 Page #22 - Minutes, October 17th, 1960 the Engineering work necessary in the development of the improvement district. Councilman Stewart Councilman Stewart at this point withdrew from deliberation on this matter, due to a property interest within the proposed assessment district. On motion by Lambert, seconded by Waite, the City Administrator and the City Engineer be authorized to start the proceedings in the formulation of the Assessment District, by contacting Attorney Ganahl and the firm of Lowry and Associates, and the preparation of plans by the Engineering Department. Motion carried. Williams St. A communication from the City Florida Ave. Assess. Dis. Engineer regarding the Williams Street - Florida Avenue Assessment District, was read by the Clerk, informing the Council that the signatures on the petition presented by Mr. Anthony Dauer represented less than 507. of the property owners within the proposed district, and therefore the petition could not be considered. On motion by Lambert, seconded by Stewart, the Clerk was instructed to notify Mr. Dauer that consideration could not be given to his petition for forma- tion of an assessment district under the 1911 Act, due to the lack of sufficient signatures of property owners within the area involved. Motion carried. Resa, No. 1.439 The Clerk read Resolution No. 1439, "A RESOLUTION OF THE CITY OF HUNT INGTON BEACH ADOPTING THE MASTER PLAN OF STREETS AND HIGHWAYS AS MAJOR CITY STREETS." On motion by Waite, seconded by Stewart, Resolution No. 1439 was passed and adopted by the following roll call vote: -22- 480 Pale #23 - Minutes, October 17th, 1960 AYES: Councilmen: Lambert, Stewart, Waite, Gisler NOES: Councilmen: None ABSENT: Councilmen: Wells Highwy. Ease. The Clerk presented to the Council Deed Hunt. Bch. Co. a Highway Easement Deed from the Huntington Beach Company to the City of Huntington Beach, for property along Huntington Avenue in the area to be improved as a cooperative project. On motion by Lambert, seconded by Waite, the deed from the Huntington Beach Company be accepted, and the Clerk instructed to record same with the County Recorder of Orange County. Motion carried. On motion by Stewart, seconded by Waite, the Clerk be instructed to publish the statement of Financial Transactions for the fiscal year 1959-60 in the Huntington Beach News, one time only, in eight point type, and he be instructed to use the facilities of his office in the preparation of the annual financial statement for distri- bution. Motion carried. Payroll Ledger approved approved. Motion carried. Warrants approved On motion by Lambert, seconded by Stewart, the Payroll Ledger be On motion by Stewart, seconded by Lambert, the Warrants as approved by Council Finance Committee were ordered paid. Motion carried. Mayor Gisler then asked whether anything had been done on the proposal for putting the towing service for the City to bid. Brander. Castle Brander Castle, the Purchasing Agent, Purchasing Agent informed the Council that he had -23- 4 ,91 Page #24 - Minutes', October 17th, 1960 been working with the Chief of Police in gathering infor- mation which would be needed for the preparation of an Ordinance, regarding the towing service and that practically everything was ready for the City Attorney to precede in the preparation of such Ordinance. Chief of Police Chief of Police Wright requested Wright permission of Council to establish stop signs at the intersection of Smeltzer and Springdale Streets by minute action of the Council, until such time as an Ordinance could be prepared covering all the installations required; also to have permission to install a yield right- of-way sign on Third Street at Orange and on Olive at Fifth. On motion by Stewart, seconded by Lambert, the Chief of Police be authorized to make a stop control intersection at the intersections of Smeltzer and Springdale Streets, place yield sign on Third Street at the intersection of Orange, and yield sign on Olive Street at the intersection of,Fifth Street. Motion carried. Carl Weaver & Assoc. The Fire Chief reported that Carl Drill Well Weaver and Associated had begun to drill a well at the corner of 8th and Ocean Streets; there had been some complaints regarding it and that his investi- gation showed that it was perfectly legal for them to proceed with this drilling. Mayor Gisler called a meeting of the Council as a Committee of the Whole for 7:00 o'clock A.M., on Monday morning, November 7th, 1960, for discussion purposes. Meeting Adjourned On motion by Mayor Gisler, seconded by Stewart, the regular meeting of the City Council of the City of Huntington Beach adjourned. Motion carried. -24- 484 Page #25 - Minutes, October 17th, 1960 ATTEST; City Cie _ Rio City Clerk and -o fici.o Clerk of the City Cotffcil of the City of Huntington Beach, California -25- Mayor