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HomeMy WebLinkAbout1957-12-02213 M I N U T E S Council Chamber, City Hall Huntington Beach, California Monday, December 2, 1957 Mayor Terry called the regular meeting of the City Council of the City of Huntington Beach to order at 7:3Q o'clock p.m. Councilmen present: Bryant, Irby, Lockett, Bartlett, Terry. Councilmen absent : Done. Minutes On motion by Bartlett seconded by Irby the minutes of the Council meetings for November 4th and 19th, 1957, as transcribed and mailed be accepted and approved. Motion carried. Monthly The Clerk read the reports for the month of Reports November 1957 filed by the City Treasurer, City Clerk, City Collector, City Engineer, Building Inspector, Manager of the Municipal Trailer Park, Fire Chief, Chief Lifeguard, Chief of Police, and the Superintendent of Recreation. On motion by Bartlett seconded by Lockett the reports of the Department Heads for the month of November, as read by the City Clerk be accepted and ordered filed. Motion carried. Business On motion by Irby seconded by Lockett the Licenses applications for license to conduct business in the City of Huntington Beach were granted as follows: Anahiem Heating Company 101 N. Manchester, Anahiem, k business of Heating Contractor. W. J. Esser & Sons, 12392 S. W. Country Lane, Santa Ana business of General Building Contractor. Perry B. Andrews, 350 E. 22nd Street, Costa Mesa, business of General Building Contractor. Smith Bros. Cesspool Service, 13751 Laurel Street, Santa Ana, Business of Cesspool, Septic Tank, & Sewer. Acme House On motion by Bartlett seconded by Bryant moving bond the house movers License Bond filed by the Travelers Indemnity Company of Hartford Connecticut for Lawrence J. Eby dba Acme House Moving Company and as 1. 214 "dinutes - Yon3.ay, Dece-k}er 21 1957 approved for form by the City Attorney be accepted and ordered filed. Motion carried. WI.Blli.Ott On motion by Irby seconded by Lockett the to reprove Garb request of Wm. Elliott for permission to re- move 20 feet of curbing at 805-13th Street, for driveway purposes, and said work be done under the supervision and to the satisfaction of the City Engineer, be approved. Motion carried. Wm.Grant to On motion by Bartlett seconded by Irby the remove curb request of Wm. Grant for permission to cut the curb for a 10 foot driveway at 918-10th Street and aaid work to be done under the supervision and to the satisfaction of the City Engineer, be approved. Motion carried. Petition for The Clerk reported to the City Council that conditional exception - the Planning Commission held a meeting on Ocean V9.ew Sc:.00l. 'Dist. Tuesday, November 19, 1957, and held a public hearing on the petition for conditional except- ion Filed by the Ocean View School District for permission to construct a new elementary school at the Northeast corner of "B" Street, and Wintersburg Ave. and that upon a motion duly made and carried by the Planning Commission members in attend- ance and recommended a petition for conditional exception filed by the Ocean View School to construct a new school be approved subject to the following conditions: 1. That all the school property required for the widening of Wintersburg Avenue to 95 feet north of existing centerline and east of the present City Limits be offered for dedication for Street purposes. 2. That all that school property required for the widening of "B" Street to 15 feet east of existing property line be offered for dedication for street purposes. On motion by Bryant seconded by Bartlett the recommendation of the Planning Commission of Huntington Beach to permit the Ocean View School District to construct a new elementary school at the Northeast corner of "B" Street and Wintersburg Avenue and be subject to the conditions imposed by the Planning Commission be granted. Motion carried. 2. 215 Minutes - Monday, December 2, 1957 Petition for The Clerk informed the City Council that the conditional exception - meeting of the Planning Commission of Huntington Custom Drlg.Co_._ Beach held on Tuesday, November 19, 1957, a public hearing was held on a petition for donditional exception filed by the Custom Drilling Company requesting permission to move in a structure to be used as a business office and to per- mit the premises to be used for storage of oil drilling equip- ment, located approximately 1150 feet north of Garfield Avenue on the east side of Highway #39, and upon a motion duly made and carried by members of the Planning Commission recommended that the petition be denied for reasons that the area must be brought up to higher standards in accordance with good planning. On motion by Bartlett seconded by Lockett in accordance with the recommendations of the Planning Commission the petition for the conditional exception filed by the Custom Drilling Company to permit a moved -in structure to be used as a business office and to permit the premises to be used for equipment stor- age be denied. Motion carried. Petition for The Clerk informed the City Council that at the conditional exception - meeting of the Planning Commission of the City of Wm. Grant Huntington Beach held on Tuesday, November 19, 1957 a public hearing was held on the conditional exception filed by William W. Grant requesting permission to erect multiple type small bungalows on property located at 930-10th Street, and des- cribed as Lots 30 and 31, Block 805, Wesley Park Tract, and that the Planning Commission by roll call vote of Ayes 5, Noes 2, and Absent None, recommended denial of the application because of the new homes across the street and because of the integrity of the well kept neighborhood, and they feared the erection of multiple type small bungalows would generally lower surrounding property values. On motion by Bryant seconded by Irby in accordance with the recommendations of the Planning Commission the conditional except- ion filed by William W. Grant to permit the erection of multiple type small bungalows on the property located at 930-10th Street and described as Lots 30 and 31, Block 805, Wesley Park Tract, be denied. Motion carried. 3. Minutes - Monday, December 2, 1957 Petition for The Clerk informed the City Council that the conditional exception - Planning Commission held a regular meeting on S out i7 ern California Tuesday, November 19, 1957, and held a public Edison Co. hearing on a conditional exception filed by the Southern California Edison Company for permission to expand the facilities of the Ocean -View sub -station located at the northeast corner of "B" Street and Wintersburg Ave. and to increase the height of the chain link fence from six feet to eight feet, chain link fence including three strands of barbed wire. A condition was recommended requiring the Edison Company to dedicate 5 feet along their east boundary property line for the widening of "B" Street. Preliminary reports from the City Engineer's Office and the Fire Department indicated the advisability of widening "B" Street for safety reasons ex- plained by W. L. Weybright, Planning Consultant representative. Norman Kuch At the meeting of the Planning Commission Norman Kuch, representative for Southern California Edison Company zoning matters, addressed the Commission and stated that he was not previously informed that 5 feet would be requested for dedication. He elaborated by stating that they were opposed to relinquishing the property in conjunction with the granting of a conditional permit. Also, that there was no objection to widening "B" Street, but that there was objection to the manner in which it is to be accomplished. He further challenged the legality of the condition imposed. A motion was duly made by the Planning Commission members present recommending approval of the conditional exception of Southern California Edison Company for the expansion of facilities, subject to the following conditions: 1. That the Southern California Edison Company be required to offer for dedication to the City of Huntington Beach a 5 foot strip of land legally described as the East 5 feet of Lots 2, 4, 6, S, 10, 129 14, and 16, for right-of-way pur- poses without improvements. And that said fence enclosing this five feet be reinstalled five feet West of its present location. This condition shall only be included with the recommendation for approval if it is deemed to be a legally imposed condition 4. 217 Minutes - Monday, December 2, 1957 in the opinion of the City Attorney. C.D.Shedenhelm Mr. C. D. Shedenhelm, District Manager for the Edison Company appeared before the City Council and read a prepared statement dated December 2, 1957 relative to the application for the conditional exception for its Ocean View sub -station and filed said statement with the Clerk of the Board. C.R.Simpson Jr. C. Robert Simpson Jr., Assistant Counsel of the Southern California Edison Company appeared before the City Council and read a prepared statement dated December 2, 1957 relative to the application for the Southern California Edison Company for a conditional exception to per- mit expansion of the Ocean View sub -station and said mem- orandum submitted as a memorandum of law, concerning the vali- dity of a condition to the granting of zoning authority that the applicant be required to dedicate a portion of its pro- perty involved in the application to the granting body with- out receiving just compensation therefor. Att�,.Bauer City Attorney Bauer, reported to the City Council that his finding in the matter of law concerning the validity of the condition to dedicate a portion of pro- perty for street purposed is legal and proper, if in accor- dance With facts such condition is reasonable. So.Calif.Edison On motion by Irby seconded by Lockett in Co. -variance accordance with recommendations of the Plann- ing Commission the conditional exception requested by the Southern California Edison Company be granted to add an add- itional KV switchrack position to an existing 66 KV switch - rack located within the Ocean View sub -station located at Wintersburg Avenue and "B" Street, and to increase the height of the chain link fence from 6 foot to an eight foot high chain link fence including three strands of barbed wire, and that the recommendation'of the Planning Commission setting forth certain conditions be disapproved, was approved by the foll- owing roll call vote: AYES: Councilmen: Lockett, Irby, Bartlett. NOES: Councilmen: Bryant, Terry. ABSENT: Councilmen: None. 5. 218 Minutes - Monday, December 2, 1957 So.Calif.Edison The Clerk informed the City Council that Co. -petition for rezoning the Planning Commission held a public hearing on the petition of the Southern California Edison Company for the rezoning of their property located approximately.500 feet East of Highway 39 on the South side of Garfield Avenue being 330 feet long and a depth of 660 feet, from an R-4 zone to M-1-0 classification amended to permit public utility service yards. The Clerk read the following actions of the Planning Commission taken from the minutes of the meeting of Tuesday, November 19, 1957, relative to the rezoning request of the Edison Company, "It will be noted that a Planning Commission proposal for possible rezoning of property surrounding the Edison Company premises was considered simultaneously with the Edison petition and that the entire Northwest quarter of SEC 19T.6.S.9 R.11.W. was posted for public hearing. C.H.Thatcher The Secretary read a letter from Charles H. Thatcher, trustee of Aldrich R. Peck, large pro- perty holding group in the Garfield Street area, which in- cludes the Edison property. Thatcher went on record as being in favor of rezoning to light industrial for the Garfield Block. C.D.Shedenjlelm C. D. Shedenhelm, District Manager for Edison Company, addressed the Commission and ex- plained that his firm was only interested in rezoning their specific parcel 330 x 660 feet. He stated that the site was chosen because it was desirable from the traffic standpoint to have the Edison yard located on the east side of Highway 39, and that it is reasonably close to existing M-2-0 located on the west side of Highway 39. He outlined the problems in- volved in the land acquisition and indicated that a conditional permit would not be suitable for his firm as it was not con- sidered to be sufficiently controlled. He exhibited a large neat appearing architectural perspective of the proposed building. Mrs.Dabney Mrs. Dabney, 8081 Garfield, addressed the Commission to state that she had no objection to the Edison pro- posal, except that she would definitely oppose any other attempt to rezone to M-1 in that area. She felt that it was primarily residential and any major change would be detrimental to those 6. 219 Minot"5 - Monua -, Dece:,.�ber 2, l ? who have invested in newer homes. H.Trabant Howard Trabant, 8051 Yorktown, addressed the Commission and expressed only slight objection to the Edison installation. He asked for protection for those homes situated at the rear where the Edison Company would have pole yard with unlandscaped chain link fence. lgrs.Trask Mrs. Trask, property owner on Yorktown, expressed sentiments similar to Howard Trabant. C.Steverson Carl Steverson, 19172 H.B. Blvd. (office) con- tended that while there may be no strong objection to the Edison facilities as such, they should be controlled to protect the surrounding individuals. J.Capocciama Joe Capocciama, 19232 H. B. Blvd., stated that he had no objection to the Edison facility as it is shown, however he declared himself to be violently opp- osed to any further industrial or other uses in the neighbor- hood which would be detrimental to the new residences that many of the property owners have recently built. C.S.Johnson C. S. Johnson, 19362 H. B. Blvd., explained to the Commission that he had built a new home in good faith. He proceeded to inform the Commission that he and the adjoining property owners had opposed a proposal in recent years made by the Orange County Planning Commission to rezone the area from residential uses. He said that he nor his neighbor's viewpoints have not changed. Chairman Bazil Chairman Bazil upon hearing all arguments given from the audience, questioned Weybright in re- gards to the obstacles to rezoning the Edison parcel. Weybri�nt Weybright reported that he, the City Attorney and the Planning Technician had held a conference at Bauer's office the morning of the Planning Commission meeting.to discuss all possibilities for rezoning. A visiting lawyer was also asked to give his legal viewpoint during the conference. Three possibilities were considered. 1. Spot zone Edison parcel only; This could be legally chall- enged in a court of law, because it would demonstrate arbitrary discrimination without justification for the applicant. 7. 220 Minutes - Monday, December 2, 1957 2. The entire surrounding area could be rezoned without partiality: However this would require support from the surrounding pro- perty owners and would involve a long and incumbersome legal maneuver to accomplish. 3. A conditional permit could be granted: This could easily be accomplished without endangering the Interim Zoning Ordinance. Wm.Weybright Weybright stated that he was entirely in favor of Edison's proposed facilities. However he argued that the third possibility, a conditional permit was the only logical solution to the problem. He emphasized that illegality of the first possibility, and the public sentiment against the second possibility. He elaborated further by explaining that a conditional per- mit was designed specifically for use in such cases, and that the undertaking of removing the existing emergency zoning ord- inance would be sheer folly under the circumstances. He then asked Mr. Kuch, Edison representative, if he could explain his objection to a conditional permit. bir.Kuch Mr. Kuch said that his firm opposed a conditional per- mit for an expensive installation of this type. He estimated that the cost would be around a quarter of a million dollars. He further added that while the site would not be added to in the future, they had planned expansion within the fenced premises. He said that the firm wished to be free to develop the premises as would be required in the future. There being no further comment from the audience, the Chair -- man closed the hearing to the public. He added his opinion that to grant a zone change in this specific location would pave the way for the granting of zone changes in specific locations in other areas. There was lengthy discussion among the Commissioners and it was noted that strong public sentiment was not in essence against the Edison facilities but against general industry with -- in the area. A motion made by Davis and seconded by Bardwell to recommend denial of the Edison petition to rezone, with the stipulation that a conditional permit would be favorably considered. 221 Minutes -- Monday, December 2, 1957 Roll Call Vote: Ayes: Six, Noes: None, Abstained: One, Absent, None. The meeting was adjourned." C.D.Shedenhelm Mr. C. D. Shedenhelm representative of the Edison Company appeared before the City Council and read a prepared statement in which was explained the cha- racter and use of the proposed Edison District Store and filed the prepared statement with the Clerk of the Board. R.Simpson. Jr. Robert Simpson Jr. assistant counsel of the Edison Company, appeared before the City Council and read from a prepared statement regarding the application of the Southern California Edison Company for a change of zone and related matters in regards to the proposed Huntington Beach EDS, which covered memorandum of law concerning the quest- ion on whether the subject application is unlawful as spot zoning, and filed with the Clerk bf the Board the prepared statement. H.Trabant Howard Trabant stated before the City Council that he did not want the City to forget the people in the area as a resident of the area desires the area be kept in the classification as presently zoned. Att .Bauer City Attorney, C. A. Bauer informed the council concerning the legal aspects of spot or hap- hazard zoning, concerning the city's Interim zoning of the area in consideration, and concerning a conditional except- ance as opposed to rezoning. The City Attorney recommended that the matter be referred to the Planning Commission since the Planning Commission had not submitted Findings of Fact along with its recommendation and that further study should be made of the contemplated rezoning. Request of Edison On motion by Lockett seconded by Bryant Co.for rezoning referred to Plann. the request of the Edison Company for re - Comm. zoning a certain part of the land as re- ported by the Planning Commission be returned to the Planning Commission for further study and findings, be approved. Motion carried. On motion by Bartlett seconded by Lockett the demands hs approved by the Finance Committee be ordered paid. Motion carried. 9• 1 222 Minutes - Elo day, December 2, 1957 Jake Stewart Mayor Terry referred the request of Jake R. & Fred Ba,nniaer Stewart and Fred N. Bannigar owners of Lots 1,293,4,5,6,7,899,11,13,15,17,19,21, and 23 of Block "A" Tract No. 528 located adjacent to the junction of Wintersburg Avenue and Huntington Beach Blvd. to vacate the certain 15 foot wide alley as shown on a map of Tract No. 528, recorded in book 180 page 28 of Misc. Maps, records of Orange County, said alley being located easterly of Huntington Beach Blvd. and north- erly of Wintersburg Avenue in Block "A" of said Tract No. 528, to the City Engineer and Planning Technician for study and report. Business License The Clerk read the report of the Planning C.T.Audry Technician relative to the business license application of C. T. Audry and informed the City Council that the applicant is operating under the county variance UV1368 permitting the establishing of a salvage yard and a battery rebuilding business and in order to conform to the variance the business license should be issued subject to the conditions set fQ.rth in Variance Uv1368 as granted by the County of Orange, namely: Storage of wrecked auto's while salvaging and reclaiming auto parts with the purpose of wholesale and retail sales shall be prohibited. Auto parts can not be sold on the premises except as scrap metal, the smelting of metals or the burning of any materials shall be termed a violation of both the business license and the variance permit. On motion by Bryant seconded by Irby the City grant a bus- iness license to C. T. Audry to permit the operation under the same condition as County UV1368 permit and subject to the conditions as outlined in the report of the Planning Tech- nician, be approved. Motion carried. Dr.Ralph Halves Mayor Terry in accordance with the request of re -appointed to Or.Co.Mosquito the Orange County Mosquito Abatement Board of Abatement Trustees recommended the appointment of Dr. Ralph E. Hawes to succeed himself to the board for a two -yeas term expiring on December 31, 1959. On motion by Bartlett seconded by Bryant the appointment of Dr. Ralph E. Hawes to the Orange County Mosquito Abatement District Board as recommended by the Mayor, be corfAirmed and 10. Minutes -- Monday, December 2, 1957 approved. Motion carried. Purchase new On motion by Bartlett seconded by Bryant and Chevrolet 4- door Sedan in accordance with the informal bid submitted by Williams Chevrolet for a four door 1958 sedan in accordance with specifications submitted the pur- chasing agent be authorized to issue a purchase order to Williams Chevrolet for a four door 1958 eight cylinder sedan and to trade in the 1953 Ford, four door for a trade in all- owance of $300.00 dollars, and the expenditure be charged to the Capital Outlay Reserve Fund be approved. Motion carried: by the following roll call vote: AYES: Councilmen: Bryant, Lockett, Irby, Bartlett, Terry. NOES: Councilmen: None. ABSENT: Councilmen: None. Purchase new On motion by Bryant seconded by Irby Plymouth Sedan for Fire Dept. and in accordance with the informal bid submitted by Mandic Motors Inc. to furnish one 1958 Plymouth Plaza model 8 cylinder Pour door sedan in accordance with the specifications submitted for said car and to be used by the Fire Department and the City Purchasing Agent be authorized to issue a purchase order in accordance with bid and the the expenditure be charged to the Capital Outlay reserve fund was approved by the following roll call vote: AYES: Councilmen: Bryant, Lockett, Irby, Bartlett, Terry. NOES: Councilmen: None. ABSENT: Councilmen: None. Notice to be On motion by Bryant seconded by Bartlett the served to E.A.In&ersoll City Clerk be instructed to serve notice upon Ernest Ingersoll that his fishing barge lease will be cancelled within ten days unless he appears before the City Council by December 31, 1957 and show cause why he should not account for his sport barge fishing operations for the season of 1957 and settle with the City the amount due, be approved. Motion carried. Fund Transfer On motion by Lockett seconded by Irby in West Or.Co. Water Board accordance with the request of the West Orange County Water Board the City Clerk be authorized to draw a demand transferring $218.52 to the West 11. 224 Minutes -- Monday, Decen.ber 2, 1957 Orange County Water Board fund in accordance with the terms of the agreement between the City of Huntington Beach and the West Orange County Water Board, be approved. Motion carried. Pand transfer On motion by Bryant seconded by Irby the Vie;t Or.Co. Framer Boa�:,d. City Clerk be authorized to transfer from the West Orange County Water Board Fund the amount of $39436.93 to the general fund to reimburse the General Fund for expenditures made for the West Orange County Water Board Fund for the period July 1st, to November 3091957, be approved. Motion carried. Rich rd J. The Clerk presented a letter received from Sh.af ``31 Richard J. Shaffer relative to the proposal made by Mr. Shaffer on the City owned pro- perty located adjacent to Ocean Avenue and Highway 39. The City Clerk was instructed to inform Richard J. Shaffer that the City at this time is not interested in dis- posing or selling the City owned property adjacent to Ocean Avenue and Highway 39. Amendment to On motion by Bartlett seconded by Bryant State Retirement Contract the Mayor and the City Clerk be author- ized to amend the resolution of in- tention received from the State of California Retirement Board to provide for a change in final compensation to be the average monthly salary based on the three consecutive years of highest earnings instead of five years of highest earnings and to delete from the documents the minimum voluntary retirement age for local safety...members shall be 50 instead of 55, be approved. Motion carried. Rev.Lowell Mayor Terry recommended the appointment of Spangler F Raymond Beem Rev. Lowell R. Spangler and Raymond Beem to Library Board of to fill the vacancies on the Library Board Tra tees of Trustees for the term ending June 30, 1960. On motion by Lockett seconded by Irby the recommendation of Mayor Terry of Rev. Lowell R. Spangler and Raymond Beem to fill the vacancies in the Library Board of Trustees, be confirmed and approved. Motion carried. 12. '2251 Minutes -- Mon,�.ay, December 21, 1957. Annexation to The Clerk reported receipt of the County Sanitation District No. 11 resolution of the Board of Supervisors of Orange County covering their action completing the annexation of the second portion of the north annexation to the County Sanitation District No. 11. Ordinance No.675 The Clerk gave Ordinance No. 675 an subdivision - lst reading Ordinance of the City of Huntington Beach amending the Huntington Beach Ordinance Code by repealing Chapter 96 entitled, "City subdivision Ordinance"; repealing articles 960 entitled "General", article 961, entitled, "Maps", Article 962, entitled "Tent- ative Maps", article 963, entitled "Final Map", artic1b 964, entitled "Conditions; provisions", article 965, entitled "Improvements", article 966, entitled, "Costs", and article 967, entitled "Modification of requirements", and repealing all sections of said chapter of the Huntington Beach Ordinance Code, its first reading. Ordinance No.676 The Clerk gave Ordinance No. 676 an subdivision lst readina Ordinance of the City of Huntington Beach relating to and regulating the development of subdivisions in the City of Huntington Beach, setting forth improvements required and providing for pen- alties for the violation thereof, and adding to the Hunt- ington Beach Ordinance Code, Chapter 97 entitled "City Subdivision Ordinance ", and adding Article 970 entitled "Purpose of Ordinance", article 971, entitled "Definitions", article 972 entitled "Tentative Map", article 973, entitled "Final Map", article 974 entitled, "General regulations and design", article 975 entitled "Improvements," article 976 entitled, "Exceptions", article 977 entitled "Appeal", its first reading. Ordinance No.677 The Clerk gave Ordinance No. 677 Physical examinations - City employees ,.� an Ordinance of the City of Hunt- ington Beach relating to physical examinations of CitS- employees and adding Section 1407 to the Huntington Beach Ordinance Code, its first reading. 13. 226 Mina+es -- 11iIon0.;ayp Decem-ber 2, 19"7 Or,-'. No.678- The Clerk gave Ordinance No. 678 an ,amend. salary Ordinance Ordinance of the City of Huntington Beach relating to salaries of officers and amending Sections 1445 and 1447 its first reading. On motion by Bryant seconded by Irby the regular meeting of the City Council of the City of Huntington Beach adjourned. ATTEST: City Clerk y Clerk and ex -of icio Clerk of the City Council of the City of Huntington Beach, California v Mayor 14.