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HomeMy WebLinkAbout1966-11-07MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, November 71 1966 Mayor Stewart called the regular Meeting of the City Council of the City of Huntington Beach to order at 4:30 P.M. The invocation was given by John Allred, Minister of the First Chris- tian Church. ROLL CALL Councilmen Present; Coen, Bartlett, Stewart Councilmen Absent: None MISS Gisler, Kaufman, Shipley, Green,. On motion by Bartlett, the minutes of the regular meeting of October 17, 1966, and the regular adjourned meeting of October 20, 1966, were approved and adopted as prepared by the City Clerk and mailed. Motion carried. r1 7 UV 66-49 - CONDITIONAL EXCEPTION - S.D.C. INC The Clerk presented Conditional Exception - UV 66-'49 - S.D.0 Incorpo- rated - on property located south of Warner Avenue and east of Spring- dale Street, to permit street sections as approved by Council on Septem- ber 7, 1965, in Tract No. 5500. The Planning Commission recommended approval, with conditions. On motion by Kaufman, Council sustained the Planning Commission and directed the City Attorney to prepare a.Resolution approving UV-66-49, with conditions as stipulated by the Planning Commission. Motion car- ried. 11.7 UV 66-47 - CONDITIONAL EXCEPTION - SLATER 69VELOPMM CO The Clerk presented Conditional Exception - UV 66-47 - Slat.er. Develop- ment.Company - on property located on the southwest corner of Golden - west Street and Slater Avenue, relative to street right-of-way, fence setback, rear yard setback and lot width. The Planning Commission recommended approval, with conditions. On motion by Green, Council sustained the Planning Commission and directed the City Attorney tp prepare a Resolution approving UV 66-47 with conditions as stipulated by the Planning Commission. Motion carried. FINAL TRACT 6020 - SECURITY FORE CORE the Glerk presented a transmittal from the Planning Director submitting final, form of Tract'Map 6020, Security Fore Corporation, for adoption. Subdivider: Security Fore Corporation; Location: south of Atlanta Avenue, 1320 feet west of Cannery Street; Number of Lots: 93; Total acreage: 18.60; that the map had been certified by the City Engineer and the Secretary to the Planning Commission to be true and correct in accordance with provisions of the City Subdivision Code. Page #2 - Minutes, November 7, 1966 The City Clerk's signature shall be withheld pending the submittal and completion of the enumerated requirements: 1. Deposit of fees for water, sewer, drainage, engineering, and in- spections. 2. Bond for improvements. 3. Signature of agreement. 4. Certificate of insurance. S. Approval from the County Surveyor. 6. Bond for monuments. 7. Deed for underground water rights. On motion by Bartlett, Council accepted offers of dedication as shown on Final Tract Map 6020, and adopted the map subject to conditions stipulated by the Planning Commission. Motion carried. rG�FINAL TRACT 6248 - ESSEX LAND COMPANY The Clerk presented a transmittal from the Planning Director submit- ting final form of Tract Map 6248, Essex Land Company for adoption. Subdivider: Essex Land Company; Location: North of Atlanta Avenue and east of Brookhurst Street; Number of Lots: 9; Total acreage: 4.068; that the map had been certified by the City Engineer and the Secretary to the Planning Commission to be true and correct in accord- ance with provisions of the City Subdivision Code. The City Council may accept dedications as shown on the map and in ad- dition approve the Final Map, subject to the following conditions: The City Clerk's signature shall be withheld pending the submittal and completion of the enumerated requirements: 1. Deposit of fees for water, sewer, drainage, engineering, and in- spections. 2. Bond for improvements. 3Q Signature of agreement. 4. Certificate of insurance. 5. Approval from the County Surveyor. 6. Bond for monuments. 7. Deed for underground water rights. On motion by Kaufman, Council accepted offers of dedication as shown on Final Tract Map 6248, and adopted the map subject to conditions stipu- lated by the Planning Commission. Motion carried. VACATION - ABLE LANE - RESOLUTION OF INTENTION The Clerk presented a letter from the Director of Public Works recom- mending the vacation of Able Lane and transmitting Resolution No. 2452 "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNT- INOTON BEACH TO VACATE ABLE LANE IN SAID CITY AND GIVING NOTICE OF HEARING ON SAID VACATION." On motion by Bartlett, Council waived further reading of Resolution No. 2452, and passed and adopted same the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Green, Shipley Stewart NOES: Councilmen: None ABSENT: Councilmen: None REIMBURSEMENT AGREEMENT # 106 - WATER MAIN HUNTINGTON HARBOUR The Clerk presented a request from the Director of Public Works for Reimbursement in the amount of $2,053.85, to Huntington Harbour Corporation, on Reimbursement Agreement No. 106 dated June 17, 1964. On motion by Coen, Council approved Reimbursement of $2,053.85, to Huntington Harbour Corporation for off -site water mains, per Reim- bursement Agreement No. 106. Motion carried. - - 3 Page #3 - Minutes, November 7, 1966 TRACT 5367 - DEDICATION OF IMPROVEMENTS - LUXURY HOMES The Clerk presented a communication from the Director of Public Works recommending acceptance of .dedicated improvements and authorization to release the Monument Bond and terminate the Three -Party Agreement and Subdivision Agreement in Tract 5367 - Luxury Homes. On motion by Kaufman, Council accepted improvements dedicated for public use in Tract 5367; Authorized the release of the Monument Bond and termination of Three Party•Agreement and Subdivision Agreement, and directed that the developer be notified by the City Clerk and the bonding company be notified by the City Treasurer. Motion carried. SUBDIVISION AGREEMENT - C-D DEV CO TRACT 5561 The Clerk presented a transmittal from the Director of Public Works of Monument Band, Improvement Bond, and Subdivision Agreement for Tract 5561 - C-D Development Company. On motion by Bartlett, Council accepted Monument Bond No. 15--3-7328 Continental National Insurance Group; approved the Subdivision Agree- ment, -and authorized the Mayor and City Clerk to execute same on behalf of the City. Motion carried.. DEEDS ACCEPTED The Clerk presented a transmittal from the Director of Public Works of deeds to the City for acceptance and recording, as follows: Garfield Dev. Co. et al —Water Deed - Tract 6080 Huntington Harbour Cor - Street Widening -- Warner Avenue The Slater Dev® Co.et a1 - Sewer Easement Ocean View Elementary School Dist. - Street Widening - Warner and B tree Douglas Aircraft Co. Inc. -Construction and Maintenance Easement - Private Property On motion by Green, Council accepted the deeds as listed above, and directed the City Clerk to.record same With the Orange County Recorder. Motion carried. .REQUEST - ALLOCATION OF FUNDS -L RR FLASHING SIGNALS The Clerk presented'a transmittal from the Director of Public Works of Resolutions No. 2454 and 2455 requesting the Public Utilities Com- mission for allocation of funds for one-half of the City's cost for the construction of flashing red lights at Pacific Electric Railway Company crossings at Warner Avenue, and Edinger Avenue. The Clerk read Resolution No. 2454 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING A REQUEST FOR AN ALLOCATION OF FUNDS FROM THE STATE RAILROAD CROSSING PROTECTION FUND." On motion by Kaufman, Council waived further reading of Resolution No. 2454, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Stewart NOES: Councilmen: None ABSENT: Councilmen: None Gisler, Kaufman, Shipley, Green The Clerk read Resolution No. 2455 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING A REQUEST FOR AN ALLOCATION OF FUNDS FROM THE STATE RAILROAD -CROSSING PROTECTION FUND." On motion by Kaufman, Council waived further reading of Resolution No. 2455, and, passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Stewart NOES: Councilmen: None ABSENT: Councilmen: None Gisler, Kaufman, Shipley, Green 310 Page ##4 - Minutes., November 7, 1966 �f DEEDS'ACCEPTED•- SLATER EDWARDS The C1erk.presented a transmittal from the City Attorney of a deed for acceptance, recording, and payment authorization in the Edwards/ Slater Condemnation, to Evelyn Nina De Dion for Lots 6.and 70, Block E, Tract 281 in the amount of $885.00. On motion by Bartlett, Council accepted the deed. from Evelyn Nina De Dion and directed that it be returned to Land Acquisition Service for recording, and authorized payment in the amount of $885.00 to the grantor when notified by Land:Acquisition Service., by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES: Councilmen: None ABSENT: Councilmen: None PAVALON LEASES - CANCELLATION The Clerk presented a report on the condition of the Pavalon Building, submitted by the City Attorney with recommendations relative to the repair of the building or cancellation of all leases. On motion by Coen, Council declared the Pavalon Building totally des- troyed by the fire September 30, 1966, and directed that all leases be cancelled, effective from the date of fire, and lesses notified of same; and authorized rental refunds for any payments made covering any period after September 30, 1966. Motion carried. r? GRANT OF EASEMENT SOUTHERN CALIFORNIA EDISON CO The Clerk presented a letter from the Southern California Edison Com- pany requesting an easement for an electrical system on a strip of land on the southerly 6 feet of Lot A in Tract 6080. On motion by Coen, Council granted an easement to Southern California Edison Company and authorized the Mayor and City Clerk to execute the deed on behalf of the City. Motion carried. Gi ] PROTEST - PERMIT FEES - W L HAMM The Clerk presented a letter from W. L. Hamm, Midway City, protesting the required permit.fee of 8104.00 for grading and filling on his own property. On motion by Kaufman, Council ordered the request from Mr. Hamm, filed after determining that grading and filing fees were in order. Motion carried. PETITION - NOISE BURNING - ALBER.TSON'S MARKET The Clerk presented a letter and petition with nine signatures of property owners on Clipper Drive protesting noise, burning, garbage bins, bright lights and night deliveries, caused by Albertson's Market, on the corner of Adams Avenue and Cannery Street. On motion by Shipley, Council directed the City Administrator to con- tact Albertson's Market relative to the noise problem and report back to Council. Motion carried. PETITION - STOP SIGNS - BANNING AND MALIBU The Clerk presented a petition with 112 signatures, requesting that a stop sign be installed at the intersection of Banning Avenue and Malibu Drive for the protection of children attending John H. Eader School. On motion by Kaufman, Council deferred action on the petition for stop signs at Banning Avenue and Malibu Drive and directed that a staff report be prepared. Motion carried. Page #5 - Minutes, November 7, 1966 VOTING BOOTHS - OFFERED TO NIGH SCHOOL DISTRICT The Clerk read a letter to the Council requesting permission to offer the voting booths and ballot boxes owned by the City, to the Huntington Beach Union High District for use in on -campus elections at various elementary and high schools. On motion by Kaufman, Council directed the City Clerk to offer to the Huntington Beach Union High School District the voting booths and ballot boxes owned by the City, to be used for all school on campus elections. Motion carried. RA flIq_CONTROL AROUND PARKS On motion by Coen, Council directed the City Administrator, Traffic Engineer, and Director of Recreation and Parks to prepare a report on traffic in areas adjacent to the City parks with respect to control- ling same. Motion carried. CLAIM � WOODROW & MILDRED SMITH The Clerk presented a claim from Woodrow and Mildred Smith for alleged damages received in a collision with a City Backhoe Skiploader Tractor at the,intersection of Golden West and Garfield, filed by California Casualty Indemnity Exchange on their behalf. On motion by Coen, Council denied the claim filed by California Casualty Indemnity Exchange on behalf of Woodrow and Mi Ared Smith, and referred same to the City Attorney and the City Is inguranc-e--uhrrier. Mbtibn married. . - - UIT CLAIM The City Administrator explained the necessity for the City to quit claim an interest in property which was formally designated as the Winters Club, and which has since been deeded to the City by Richard T. and Margaret Leaver.. Mr. Miller recommended that the City Council approve the action. On motion by Gisler, Council instructed the City Attorney to prepare the necessary Quit Claim deed for execution. Motion carried. GOLDENWEST COLLEGE & POLICE PATROL The City Administrator presented a request from Goldenwest Junior College for police patrol of their campus parking facilities. Mr. William Kimes, Assistant Superintendent of Business in Orange Coast College District, addressed the Council and told of the need for this service on the college campus. On motion by Kaufman, Council directed the City Admin strata and the Chief of Police to study the situation and the revenue invold and report back to the Council. Motion carried. 7� OCEAN VIEW SCHOOL DISTRICT - STREET DESIGN The City Administrator presented a letter directed to Ocean View School District regarding street and park design adjacent to School Site #21. On motion .by Green, Council unanimously endorsed the recommendations of the Director of Public Works and the Planning Director and directed the Public Works director .to transmit the letter to the Ocean View School District. Motion carried. PAVALON BUILDING - COMMITTEE On motion by Kaufman, Council appointed Councilmen Coen and Kaufman, the Building Superintendent, Public Works Director, Finance Director, and the Administrator as a committee to develop a plan for the possible reconstruction of the Pavalon Building, to be presented to Council. Motion carried. Page #6 - Minutes, November 7, 1966 ,, 4 COMPUTER CONFERENCE - FINANCE On motion by Shipley, Council authorized the attendance of the Finance Director at a computer conference on January 27, 1967, with reimbursement for reasonable expenses incurred. Motion carried. FIRE STATION - EDINGER GOTHARD The City Administrator informed the Council of the negotiations on the exchange of property for a fire station in the vicinity of Edinger Avenue and Gothard Street. On motion by Kaufman, Council instructed the Administrator to acquire the site through friendly condemnation and also to get an appraisal on the property owned by the City in the same area. Motion carried. COMPLAINT Mr. J. H. Scroggins, 421 Ninth Street, City, addressed the Council and requested enforcement of speed zones on Main Street from Orange Avenue to Beach Boulevard. No action was taken on this matter. BID OPENING - C5-SC2 STORM DRAIN CHANNEL READVERTISEMENT The Clerk read a communication from the Director of Public Works stating that bids for the construction, concrete lining, and improve- ments of the C5-SC2 Storm Drain Channel from Heil Avenue to 2038.59 feet northerly had been opened.at 9 A.M, on Monday, November 7,'1966, in the Council Chamber, by the City Clerk, City Attorney, and the Director of Public Works. The Public Works Director informed the Council that only one bid had been received and recommended the Clerk be instructed to re -advertise for bids. On motion by Green, Council rejected the bid of Ecco Construction Incorporated of Garden Grove, directed-the;City Clerk to return said bid. and to re -advertise for bids for the construction, concrete lining and improvements of the C5-SC2 Storm Drain Channel. Motion carried. Ic BID AWARD - CC-047 - ADAMS AVENUE The Clerk read a communication from the Director of Public Works stating that bids for the reconstruction, surfacing and improvements of Adams Avenue from Beach Boulevard to 965 feet east of Brookhurst Street, had been opened at 9 A,M. on Monday, November 7, 1966, in the Council Chamber, by the City Clerk, City Attorney, and the Director of Public 'Works, and that Sully miller Construction Company, of Orange, California was the low bidder with a bid in the amount of $1247950.33. Nor. Wheeler recommended that the Council award the bid to Sully Miller, and reject all other bids. The bids submitted were as follows: Sully Miller - Orange $124,750.33 R. J. Noble — Orange $132,045.11 Mark Construction - Colton $132.799.69 Yoder & Sons - Huntington Beach $132.988.23 On Motion by Bartlett, Council awarded the contract for Project CC-047 to Sully Miller - Orange, for the low bid of $124,730.33, rejected all other bids, and authorized the Mayor and City Clerk to execute same on behalf of the City. Motion carried. y1�ORDINANCE 1265 - ADOPTED - RESTAURANTS The Clerk gave Ordinance No. 1265 a second reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING CHAPTER 28 AND ARTICLES AND SECTIONS THEREOF RELATING TO AMUSEMENT AND ENTERTAINMENT IN RESTAU�­ RANTS AND OTHER PLACES WHERE FOOD AND REFRESHEMNTS ARE SERVED." 31-3 Page #7 - Minutes, November 7, 1966 On motion by Shipley, Counci..l- waived' further, readixig of Ordinance No. 1265, and passed. and ' adopted same by the ` foil.owi,ng roll call vote: AYES- Councilmen Coen, Bartlett, Ci s er, Kaufinen, Shipley, Green Stewart NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE 1268 - ADOPTED FINAN E. D AR;TW The Clerk gave Ordinance No.. 1268 a sacpnd'-reedi.ng by title -"AN ORDINANCE OF THE CITY OF HUNTINCxTON�FACK:-AMMING,THE HUNTINGTON BEACH ORDINANCE CODE'BY AMENDING ARTICLE l5'7 AND.SECTIONS THEREOF, RELATING TO THE ESTABLISHMENT OVA FINANCE'VEPARTMENT AS. SET FORTH IN SECTION 706 OF THE'HUNTINGTON-BEAC CITY CHARTER ADOPTED FEBRUARY 10, 1966." On motion by Bartlett, Council, waivesd fdxther reading of Ordinance No' 1268, and passed and adopted same by the''followin►g roll call vote: AYES: Councilmen: Coen,' Bartlett, Qjsl,er,"Kaufman, Shipley, Green .Stewart NOES: Councilmen: None ABSENT: Councilmen: None 7 r- ORDINANCE NO.. 1266 FIRST READING-: XEL4EVj,SION.ANTENNA The Clerk gave Ordinance :No. 1266 a firs t reaching by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON. B A ADDING- CHAPTER 29 TO THE HUNTINGTON BEACH ORDINANCE CODE_PR0V1DI;NC'FOR CITE' REGULATION AND USE OF COMMUNITY ANTENNA' TELEVISION SYSTEMS 1 AND SETTING FORTH CON- DITIONS ACCOMPANYING THE GRANT OF tCH E', " On motion by Sh ipley, ' Council- wai.v4djurther' reading of Ordinance No. 1266, by unanimous vote. Mot oP`.c:arked, 7c ORDINANCE 1267- EMERGENCY INTERIMHIS I-NG' �Z- The Clerk read Emergency Or'dt once No. `126"7," in u11 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY .OP IiUNTINGTON >1iEACH DECJ. ING AN EMERGENCY TO EXIST; ESTABLISHING.AN` INT RI,'M HDLDING ZONE UPON CERTAIN PROPERTY WITHIN''THE CITY'AND ADV1NGG ' SWTJ0WTO CWTER 90 OF THE HUNTINGTON BEACH ORDINANCE CODE'*" Councilman Coen, made a motion' to ,OLdopt` �O di.nance' No. 1267. Prior to adoption, Councilmen Shipley made, a. mbti,'on' to amepd the motion of Councilman Coen to include phrasealcgy`"with the.understanding that this Ordinance does not interfere.*i-t the'. velopment and production of the existing 10' zones withi~.n ' he -`area' ". Following some dxsoussion by the' Count iI., ,sia& before a vote was taken on the amendment, Councilman Sh�Lrley.withdrew,-h s amendment to the motion of Councilman Coen. Before vote, Councilman Coen withdrew hi.s orLginal motion. Councilman Coen then made- &-mot ion t.hat',Ordinance No. 1267 be passed and adopted with the understand:ing that..'it.�.i,s,the intent of the Council that this Ordinance does not intei.fere,,.w-lthl the development and product ion of:'thQ existing '0'es; wtha�n th:':►, On this motion,:Ordinance No, 6?:was passed. -.and adopted by the following roll call vote: AYES: Councilmen: Coen,-Bartiet.t,"G;sler,..Kamfman, Shipley, Green Stewart NOES: Councilmen: None ABSENT: Councilmen: None 3_14 Page #8 - Minutes, November 7, 1966 ,SLEEPING IN .AUTOMOBILES On motion by Coen, Council directed the City Attorney to prepare an Ordinance pertaining to the sleeping in automobiles on City Streets between 9 P.M. and 9 A.M, Motion carried® _�L' LITIGATION - RUTAN & TUCKER On motion by Coen, Council authorized the firm of Rutan and Tucker to continue to represent: the City in the People of California (Public Utilities Commission) vs The City of Huntington Beach litigation con- cerning the purchase of the Sunset Beach-Surfside Water Company, Motion carried. RESOLUTION 2453 - ADOPTED - VILLA PACIFIC STREETS The Clerk read Resolution No. 2453 by title -- "A RESOLUTION ON IN- TENTION OF THE CITY' COUNCIL OF THE CITY OF HUNTINGTON BEACH TO AUTHORIZE THE HUNTINGTON BEACH POL110E DEPARTMENT TO ENFORCE THE PROVISIONS OF THE VEHICLE CODE OF THE STATE OF CALIFORNIA ON THE PRIVATE STREETS OF VILLA PACIFIC, VIA STRAITS, BLUE REEF DRIVE AND GREEN SPRAY WITH- IN THE CITY AND GIVING NOTICE OF HEARING ON SUCH INTENTION." On motion by Green, Council waived further reading of Resolution No. 2453, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green Stewart NOES Councilmen. None ABSENT: Councilmen. None I RESOLUTION NO 2456 ADOPTED - SURPLUS FEDERAL PROPERTY The Clerk read Resolution No, 2456 by title - "A RESOLUTION OF THE CITY COUNCIL OF ,THE CITY OF HUNT ENGTON BEACH REQUESTING ELIGIBILITY TO RECEIVE SURPLUS FEDERAL PROPERTY FOR CIVIC DEFENSE PURPOSES UNDER PUB- LIC LAW 665, 80h CONGRESS, (70 TH STAT 493)." On motion by Bartlett, Council waived further rending of Resolution No, 2456, and passed and adopted same by the following roll call vote: AYES: Councilmen. Coen, Bartlett, Stewart NOES- Councilmen., None ABSENT: Cou.ncl--men : None s ULI REPORT - PORTLAND CONFERENCE Gisler, Kaufman, Shipley, Green On motion by Gisler, Councit directed the City Clerk to Land Institute report given at the Porticnd Conference, their appreciation to Bob'Merriman for the fine job he. stinting the Cary, Motion carried. RECESS file the Urban and extended did in repre- Mayor Stewart called �a recess of the Council at 6:1.0 P.M. Council was reconvened at 7:30 P,,M. by the Mayor® �5"PETITION - HUNTINGTON BEACH FREEWAY ROUTE The Clerk presented a petition with approximately 268 signatures re- questing Council 's recorksider°ation of "the Huntington Beach Freeway Route and a public hearing thereon, before adoption® The Council set a. public. hearing for December .1.2, 1966, on the Huntington Beach Freeway Route, and directed. the City Clerk to pub- lish notice of same,, Motion carried, ryt .11'. Page #9--Minutes, November ?, 1966 ASSESSMENT DISTRICT -- NO 6403 The Clerk presented the petition for As.se.ssment District No. 6403 that ;had been deferred from the meetings .of September. 19, 1966 and October 20, 1966. The petition requested the formation of the Dist- rict without requiring the construction of of a.water main. Mr. Oliver Angell, 84.71 Rembrandt Drive, City, ,addres-sed the Council and requested their approval of the foi^maton of the District. Mr. Calvin Nagel, 7522 Newman Street, City, addressed the Council and informed them of various facts concfrrni4 the water main that Council had previously required as part .,of the 0i strict. Following discussion by the Council and on motion by Kaufman, .Council approved the setting up of, Assessmxt4t` Di"stri'ct, No. 6403 as requested by the applicants. Mot jon earri.ed,, n qF W.NT The City Clerk presented the item of the Pedibstrtan Easement on Lucia Lane to accommodate children attending Pleasant View Schoolawhich had been deferred :from the 'meeting caf � 0 tob.er 20, 1966. Mr. Fred Perrault, 16542.Lucia Lane, City,`addressed the Council in favor of the walkway;., Mr. Tom Lang, 8642 Parker Circle, addressed the Council and requkested that Council deny the construction of the walkway. the City Administrator advised the Council that the cost-of..constructing the proposed walkway would be excess.ive.and was unbudget.ed. He further stated that with the number,Qf school:s'located,within the adjacent area the residents should be.able°to work out some other.means for children attending same, and recomMe'Aded'that- Council deny the request. Following discussion, and on motion by Green, Council denied the re- quest for the ped-estrian easement: connecting Lucia. Lane and Parker Circle'in Tracts 3440 and 3306. Motion tarried PUBLIC HEARING - UV 6 35.E P -,,ROB _ J. I E -DENIED Mayor Stewart announced that. this, was., the day:, and hour. set fora public hearing on an appeal to the grantin by th+e City: -Planning Commission of Use Variance No. 66-�35., and direatethe Clerk,to read the legal notice. The Clerk read notice of.publ c hearing on an.,appeal to the granting.by the Planning Commission of.IVV 66-.33,- as published in the Huntington Beach News on October 6, 1966, or the hour of 7:30:P,M:, or as soon thereafter as-possibl..e, on: Monday, the 76' day of November, 1966, in the Council Chamber of the�Civic C!:Oter, Huntington Beach, California, as the time and ' place for a public hearing foxy, the purpose of consider- ing an appeal to the granti.rig of 'UV 66-�35 to allow tine construction of a nursing home in the R2 Dist'rict; on property located on the south side of Newman Avenue, 41-0 feet west of : Newland Street. The Clerk read the letter of appeal from,Mr.. Robert J. Zinngrabe, and informed the Council that =notices of hearing :had been mailed to resi- dents within 300 feet .oU property involved. Mayor. Stewart declared the h+e:aring.open Mr. Robert Zinngrabe', 16551 Potter, City) addressed ,the Council and informed there of his reasons `for appealing .this use variance. Mr. Larry Gates, Newport Beach, addressed the Council and requested Counc l's consideration in denying the, appeal: to UV 66-35. There being no one further to speak on the.matter, and there being no further protests filed, either oral, or written, the hearing was closed by the Mayor. 31G Page #10 - Minutes, November 7, 1966 Following additional discussion on the matter, a motionwas made by Shipley, to sustain the decision of the Planning Commission and ap- prove UV 66-35 subject to approval of the Hospital Planning Associa- tion of Southern California, and conditions recommended by the Hunt- ington Beach Planning Commission, and to deny the appeal of Robert Zinngrabe on UV 66-35. Motion carried. 1�'�PUBLIC HEARING - ZONE CASE 66-49-PREZONE - APPROVED Mayor Stewart announced that this was the day and hour set for a public hearing on Zone Case 66-49, on property located as follows: M2-0 (Prezone) - approximately 300 feet South of Garfield Avenue immediately east of the west line of Section 3-6-11 RA-0 (Prezone) - Immediately adjacent to the northwest intersect- ion of Garfield Avenue and Edwards Street. The Mayor directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Zone Case 66-49, as pub- lished in the Huntington Beach News on October 27, 1966, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 7n day of November, 1966, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hear- ing for the purpose,of considering a petition for a change of zone to regulations of the Districting Ordinance from County Al Zone to M2-0 Industrial District, combined with oil production (Prezone), and RA-0 Residential Agricultural District, combined with oil. production (Pre - zone). Mayor Stewart declared the hearing open. There being on 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 Bartlett, Council directed the City Attorney to prepare an Ordinance effecting the change of zone in Zone Case 66-49. Motion carried. At this time Mayor Stewart requested and was granted permission to abstain from consideration of the next Zone Case, and vacated his place at the Council table. Mayor pro-tem Shipley then took the Mayor's chair. 1,)PUBLIC HEARING - ZONE CASE 66-51 - RESOLUTION OF INTENT - APPROVED Mayor Pro-Ytem Shipley announced that this was the day and hour set for a public hearing on.Zone Case 66-51, on four separate parcels of property generally located on the east side of Beach Boulevard, bet- ween Warner and Heil Avenue, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Zone Case 66--51, as pub- lished in the Huntington Beach News on October 27, 1966, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 7t day of November, 1966, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing for the purpose of considering a Resolution of Intention of the City Planning Commission for changes of zone to regulations of the Districting Ordinance from Cl Neighborhood Commerical District, to C4 Highway Commercial District, with setback provisions; R1 Single Family Residence District, to C4 Highway Commercial District, with setback provisions,; and C2 Community Business District, to C4 Highway Commercial District, with setback provisions. The Clerk informed the Council that they had been provided with copies of the Planning Director's transmittal and the Resolution of the Plan- ing Commission, recommending approval of Zone Case 66-51, and stated that he had received no communications or written protests to the Zone Case or to the recommendation of the Planning Commission. 17 Page ##X1 - Minutes, November 7, 1966 Mayor Pro-tem Shipley declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor Pro-tem. On motion by Green, Council directed the City Attorney to prepare an Ordinance effecting the change of zone in Zone Case 66-51. Motion carried. Mayor Stewart resumed his place at the Council table. PUBLIC HEARING - ZONE CASE 66-53 - APPROVED Mayor Stewart announced that this was.the day and hour set for a public hearing on Zone Case 66-53, on property located south of Humboldt Drive and west of Saybrook Lane, and directed the Clerk to read the legal notice. The Clerk read notice of.public hearing on Zone Case 66-53, as publish- ed in the Huntington Beach News on October 27, 1966, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 7% day of November, 1966, in the Council.Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hear- ing for the purpose of considering a petition for a change of zone to regulations of the Districting Ordinance from R3.Limited Multiple Family Residence to Rl Single Family Residence District. The Clerk informed the Council that they hhd been provided with copies of the Planning Director's transmittal, recommending approval of Zone Case 66-53, and stated that he.had received no communications or written protests to the Zone Case or to the recommendation.of the Planning Com- mission. Mayor Stewart 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 cFldsed by the Mayor. On motion by Bartlett, Council sustained the Planning Commission's recommendation for approval and directed the City Attorney to prepare an Ordinance effecting the change of zone in Zone Case 66-53. Motion carried. 1 PUBLIC HEARING - UV 66-41 - APPEAL - DICK BERG REALTY Mayor Stewart announced that this was the day and hour set for a public hearing on an appeal to the denial by the City Planning Commission of Use Variance No. 66-41, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on an appeal to the denial by the Planning Commission of UV 66-41, as published in the Huntington Beach News on October 27, 1966, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 7b day of November, 1966, in the Council Chamber of the.Civic Center, Huntington Beach, California, as the time and. place for a public hearing to allow the use of a trailer as an addition to present structure being used for a real estate office and to permit present and proposed structures to encroach into the 50.foot building setback line in the C2 Commanity Business District, on property located at the northwest corner of Adams Avenue and Brook - burst Street. Mayor Stewart declared the hearing open. Mr. Dick Berg, 19951 Brookhurst, City, addressed the Council and re- quested Council's consideration in overruling the Planning Commission and approving UV 66-41. There being no one further to speak on the matter, and there being no further protests filed, either oral or written, the hearing was c4ased by the Mayor. 1 Page #12 - Minutes, November 7, 1966 Following additional discussion on the matter,,a motion was made by Kaufman to sustain the decision of the Planning Commission and deny UV 66-41. Motion carried. Mayor Stewart requested and was granted permission to abstain from consideration of the next public hearing, and vacated his place at the Council table. Mayor pro-tem Shipley then took the Mayor's chair. &1 PK§LIC HEARING - PRECISE PLAN 66-1 - RESOLUTION OF INTENT Mayor Pro-tem Shipley announced that this was the day and hour set for a public hearing on Precise Plan 66-1, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Precise Plan 66-1, as published in the Huntington Beach News on October 27, 1966, setting the hour of 7.30 P.M., or as soon thereafter as possible, on Monday, the 7W day of November, 1966, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a pqh- lic hearing for the purpose of considering a Resolution of Intention of the City Planning Commission proposing to precise plan the align- ment of "A" Street, "B" Street and Robidoux Drive. The Clerk informed the Council that they had been provided with copies of the Planning Director's transmittal, recommending approval of Pre- cise Plan 66-1, and stated that he had received no communications or written protests to the Plan or to the recommendation of the Planning Commission. Mayor Pro-tem Shipley declared the hearing open. Mr, Jake R. Stewart, 7901 Rhine Drive, City, addressed the Council and requested information concerning his property, and protested the adoption of the proposed precise plan. There being no one further to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor Pro-tem. On motion by Green, Council sustained the Planning Commission's re-c�- :ommendation for approval and directed the City Attorney to prepare an Ordinance adopting the Precise Plan for alignment. Motion carried Mayor Stewart resumed his place at the Council table. rl 0 PUBLIC HEARING - CODE AMENDMENT 66-16 - APPROVED Mayor Stewart announced that this was the day and hour set for a pub- lic hearing on Code Amendment 66-16, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Code Amendment 66-16, as published in the Huntington Beach News on October 27, 1966, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 7th day of November, 1966, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place fora public hearing for the purpose of considering an amendment to the Huntington Beach Ordinance Code by prohibiting the use of property for the storage of protable outdoor sanitation facilities in the industrial zones and to cause abatement or removal of those that are existing within six months, and further proposing to require screen- ing rooftop mechanical features in the professional, commercial and industrial zones. The Clerk informed the Council that they had been provided with copies of the Planning Director's transmittal, and stated that he had re- ceived no communications or written protests to Code Amendment 66-16, or to the recommendation of the Planning Commission. Mayor Stewart declared the hearing open. *3� Page #13 - Minutes, November 7, 1966 There being no one present to speak can the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Coen, Council sustain the recommendation of the Planning Commission and directed the City Attorney'to prepare an Ordinance amend- ing the Huntington Beach Ordinance Code as recommended by the Planning Commission. Motion carried. PUBLIC HEARING - CERTIFICATE OF NEED & NECESSITY - SEAL'S AMBULANCE Mayor Stewart announced that this was the day and hour set for a public hearing on the application for a certificate of Public Need and Neces- sity for Seal's Ambulance Service to operate an ambulance service within the City of Huntington Beach, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing op the application for Public Need and Necessity, as publishedin the Huntington Beach News on Oct- ober 27, 1966, setting the hour of 7:3Q P.M,, or as soon thereafter as possible, on Monday, the 76 day of,`Nov;einber, 1966, in the Council Chamber of the Civic Center, Hunti,ngtop Beach, California, as the time and place for a public hearing for the purpose of considering an ap- plication for Certificate of Public Need and Necessity for the operation of an ambulance service in the City bf'Huntington Beach, from Seal's Ambulance Service. The Clerk informed the Council that they had been provided with copies of the application, and stated that he had received no communications or written protests to the application. Mayor Stewart declared the hearing open. Mr. Mike McCabe, representing McCabe Ambulance Service, addressed the Council and requested Council to deny the application for Seal's Ambu- lance Service. Mr. McCabe stated that his company feels that the need does not exist for additional.,,ambulance service in the City at this time. Mr. Larry Seal, representing Seal's'Ambulance Service, addressed the Council and discussed the reasons why his company filed the application for a Certificate of Need and Necessity.in:the City. There being no one further to speak on the matter, and there being no further protests filed, either oral or.written,.the hearing was.closed by the Mayor. On motion by Kaufman, Council denied the request of Seal's Ambulance Service for a Certificate of P011e Need and Necessity. Motion carried. PUBLIC HEARING - ZONE CASE 66-39 --:APPEAL - DOY .DEV CO o t) Mayor Stewart announced that this was 'the day and hour set for the continuance of a public hearing on Z.ons-.,Case 66-39, which was opened at the meeting of September 1.9, 1966. Mr. Roger Howell, representing Doyle Development Company, addressed the Council and requested that they consider_ approving the Zone Case sub- jeet to the original request, and not °approve the recommendation of the Planning Commission, Mr. E."M. Hernandez,' Buena'Park, addressed the Council and gave them a brief report on the need for:the Zoning requested by the Doyle Devel- opment Company. There being no one further to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. 320 Page #14 - Minutes, November 7, 1966 On motion by Kaufman, Council approved the request for Ill zoning in Zone Case 66-39, directed the City Attorney to prepare an Ordinance effecting the change of zone, Motion carried. On motion by Kaufman, Council denied the request for C2 and R.3 zoning in Zone Case 66-39. Motion. carried, DEED OF EASEMENT -- STATE OF CALIFORNIA The Director of Public Works presented a deed of easement from the State of California to the City farJ8 square feet of property and recommended that. the Council accept same. On motion by Green, Council accepted the deed from the State of Calif- ornia and authorized the Mayor to execute same on behalf of the City. Motion carried,. TRACT WALLS - BEAUTIFICATION Councilman Coen discussed the possibility of beautifying the walls that surround various tracts, and also the frontage roads in the tracts. A motion was made by Coen to direct the Planning Commission to study the matter in detail and make a recommendation to the Council This motion was withdrawn before being put to a vote. On motion by Coen, Council. ordered the matter referred to the Architec- tural Revi,eiv , Board for study, :and requested that they make a re- commendation to the Council. Motion carried. 1 AIR POLLUTION BOARD On motion by Green, Council directed the City Administrator to contact the Air Pollution Control Board to investigate air polltition:Th the area of the Edison Plant and Newport West Tract. Motion carried. HEALTH OFFICIAL REST.A UR.ANT ORDINANCE CODE On motion by Green, Council instructed the City Administrator to request the County Health Officer to enforce the Or.di.nance pertaining to restau- rants in the Huntington Beach Ordinance Code. Motion carried. LEASE RENEWAL - NAVY PROPERTY The City Administrator requested Cou.ncil.'s approval for a renewal of a lease on Navy property which. the City .has held for future park purposes, appreoxizriately 2,,67 acres located at the northwest corner of Bolsa Chica and Edinger Streets, in ;she amount of $150 per year, On motion by Kaufman, Council approved the renewal of the lease between the United States and the City for one year fer the amount of 150. Motion carried. 'RESOLUTION NO 2458 - ADOPTED The Clerk read Resolution.+. No.. 2458 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNI'INGTON BEACH AMENDING RESOLUTION NO. 2399 RELATING TO THE CITY' S CLASSIFICATIONS -COMPENSATION PLAN." On motion by Bartlett, Council waived further reading of Resolution No, 2458, and passed and adopted same by the following roll call vote: AYES: Counci.lmen,.: Coen, Bartlett, Gisler, Kaufman, Shipley, Green Stewart NOES: Councilmen: None ABSENT: Councilmen: None 1321, Page //15 - Minutes, November 7, 1966 RESOLUTION NO 2459 - ADOP ED - ROBERT C. DAVIS - APPOINTMENT The Clerk read Resolution No. 2459 by title - It A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE AP- POINTMENT OF OIL FIELD INSPECTOR, ROBERT C. DAVIS, AT COMPENSATION GREATER THAN THE MINIMUM COMPENSATION FIXED AND DETERMINED BY ORDINANCE. On motion by Kaufman, Council waived further reading of Resolution No. 2459, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green Stewart NOES: Councilmen: Nome ABSENT: Councilmen c None ADJOURNMENT On motion by Stewart, the regular meeting of the City Council of the City of Huntington Beach adjourned, Motion carried. C- z a:: e. �.' C. ,tones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Sul ones City lerk Jake tewart Mayor