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HomeMy WebLinkAbout1958-04-14358 M I N U T E S Council Chamber, City Hall Huntington Beach, Calif. Monday, April 14, 1958 Mayor Terry called the regular meeting of the City Council to order at 7:30 o'clock P.M. Councilmen present: Bryant, Lockett, Irby, Bartlett, Terry. Councilmen absent : None. Vetoil Co.- On motion by Bartlett seconded by Lockett the term.cleanup bond "Thomp-- request of the Vetoil Company for termination son #1 of the Royal Indemnity Company cleanup bond No. 531585 for Thompson No. 1 well located on Lots 18 and 20 Block 515 Huntington Beach Tract having complied with Section 2448.1 of the Huntington Beach Ordinance Code and the operator and the bonding company be notified of the termin- ation be approved. Motion carried. Roy Gill & On motion by Bartlett seconded by Bryant the Assoc.term. drlg.bond request of Roy Gill and Associates for termin- Cole #1 well ation of the Hartford Accident and Indemnity Company drilling Bond No. 3087104 for Cole No. 1 well located on Lots 20 and 21 Block 1502 Vista Del Mar Tract having com- plied with Section 2427.3 of the Huntington Beach Ordinance Code and the operator and the bonding company be notified of the termination, be approved. Motion carried. E.E.Fairbanks On motion by Lockett seconded by Irby the term.cleanup bona Well R & request of E.E.Fairbanks for termination of B #2 the Glens Falls Insurance Company cleanup Bond No. 73-30-99 for Well R & B No. 2 located on Lot 21 Block 514 Huntington Beach Tract having complied with Section 2448.1 of the Huntington Beach Ordinance Code and the operator and the bonding company be notified of the termination, be approved. Motion carried. 1. 359 Page #2 Minutes - Monday, April 14, 1958 Ord.#688 The Clerk gave Ordinance No. 688, its second & adopted_ final reading by title, an Ordinance of the City of Huntington Beach approving the Annexation of certain uninhabited territory designated as the "Northeast No. 1 Annexation" to the City of Huntington Beach. On motion by Bryant seconded by Lockett Ordinance No. 688 was passed and adopted by the following roll call vote: AYES: Councilmen: Bryant, Lockett, Irby, Bartlett, Terry. NOES: Councilmen: None. ABSENT: Councilmen: None. Agreement- On motion by Bryant seconded by Irby the H.B.Co. & City of H.B. Mayor and the City Clerk be authorized to re: Playground Blk.1012 execute on behalf of the City the agreement Tract between the Huntington Beach Company and the City of Huntington Beach permitting use of parcel of land described as Block 1012 in Wesley Park Section, to use as a public playground for small children, be approved. Motion carried. Modified Agree. On motion by Lockett seconded by Bartlett Robert M. Marshall & the Mayor and the City Clerk be authorized City of-H.B. to execute on behalf of the City the modification agreement between the City of Huntington Beach and Robert M. Marshall modifying the agreement dated the 8th day of November, 1949 and supplemented by agreements of -May 1950 & June 1952 to conform with modifications of the agree- ment between the Huntington Beach Co. and the City of Hunting- ton Beach, of February 20, 1950 and August 1953 and the lst day of August 1957, was approved by the following roll call vote: AYES: Councilmen: Lockett, Bartlett, Terry. NOES: Councilmen: Bryant, Irby. ABSENT: Councilmen: None. 2. 360 Page #43 Minutes -- Monday, April 1_4, 1958 Easement-- On motion by Lockett seconded by Irby the Quincy St. tee: Sani. Mayor and the City Clerk be authorized to Sewer execute the acceptance of the terms and con- ditions of the easement at Quincy St. which gives permission to City to construct a 12 inch VCP sanitary sewer line across the Pacific Electric Railway Company right-of-way at the intersection of Quincy Street in the City of Huntington Beach, be approved. Motion carried. Demands On motion by Bartlett seconded by Irby that the demands as approved by the Finance Committee be ordered paid, be approved. Motion carried. Pendant St. On motion by Bartlett seconded by Irby the lights -- Hunt. & Ocean City Engineer be instructed to request the Avenues Southern California Edison Company install a pendant type street light at the intersection of Huntington Avenue and Ocean Avenue, be approved. motion Carried. Canvassing This being the date in accordance with the of ballots - General Mun. requirement of the City Charter for the can - Election vassing of the ballots cast at the Municipal General Election held on Tuesday, April 8, 1958, the Clerk presented the envelopes containing the tally sheets ftom the precinct boards. Absentee There being no errors the Clerk presented the Ballots absentee ballots for canvassing of the City Council. It was determined that there were 44 absentee ballots cast for the following officers and measures; Names of Persons Office Absentee Voted for: Votes Ted W. Bartlett Councilman 15 Arch F. Lockett " 13 Bob Bazil " 9 George William Hanyak " 10 W.A.Houston Jr. " 10 Robert M. Lambert " 6 Noble J. Waite " 23 Charles A. Bauer City Attorney 37 Ben H. Dulaney Chief of Police 27 Roy D. Bryant to ++ " 6 Howard Robidoux " '+ " 12 John F. Thompson '+ ++ O 3- Page #4 Minutes - Monday, April 14, 1958 MEASURES: No. 1 No. 2. No. 3. YES: 19 YES: 19 YES: 17 NO: 22 NO: 25 NO: 24 There being no errors the City Clerk presented and read Resolution No. 1346 a resolution of the City Council of the City of Huntington Beach, California canvassing the returns of the General Municipal Election held on Tuesday, April 8, 1958, in said City. Reso.#1346 On motion by Lockett seconded by Bartlett adopted Resolution No. 1346 was passed and adopted by the following roll call vote: AYES: Councilmen: Bryant, Lockett, Irby, Bartlett, Terry. NOES: Councilmen: None. ABSENT: Councilmen: None. Election Results The Statement of result of election is as follows: STATEMENT OF RESULT OF ELECTION 1. That the whole number of votes cast in the City of Huntington Beach at said General Municipal Election including all absentee votes is 2401. 2. That the names of the persons voted for are: City Councilman: Ted Bartlett Arch F. Lockett Bob Bazil George William Hanyak W. A. Houston Jr. Robert M. Lambert Noble J. Waite City Attorney: Charles A. Bauer 4. 362 Pad e #5 lilinutes - Monday, April 14, 1958 Write-ins for City Attorney: Ray Overacker Lewis Perkins Chief of Police: Ben H. Dulaney Roy D. Bryant Howard Robidoux John F. Thompson 3. The offices to be filled for which each person named above was a candidate or write --in were as follows. - Two City Councilmen, each for a four-year term. One City Attorney for a four-year term. One Chief of Police for a four-year term. 4. The number of votes given at each precinct to each such person above named was as follows: 5. Page #6 Minutes - Monday, April 14, 1958 Names of persons Consolidated Precincts Absentee Votes Total Votes voted for: Office 1 2 4 5 6 7 8Total Ted W. Bartlett Councilman 104 96 90 99 112 103 60 22 33719 15 735 Arch F. Lockett Councilman 74 71 72 74 73 72 47 14 14`511 13 529 Bob Bazil Councilman 59 68 83 97 38 46 69 25 14 499 9 508 George William Hanyak Councilman 41 45 43 68 41 44 44 15 12 353 10 363 W.A.Houston Jr. Councilman 65 75 70 64 72 60 30 7 6 449 10 459 Robert M. Lambert Councilman 59 64 91 74 104 85 140 75 69 761 6 767 Noble J. Waite Councilman 150 136 153 187 156 147 129 61 46 1165 23 1188 Charles A. Bauer Write -Ins: Ray Overacker Lewis Perkins Ben H. Dulaney Roy D. Bryant Howard Robidoux John F. Thompson City Attorney 229 228 238 281 240 236 232 98 86 1868 37 1905 City Attorney 1 1 0 2 City Attorney 1 1 0 2 Chief of Police 143 178 168 188 161 150 125 53 50 1216 27 1243 Chief of Police 45 30 55 60 30 48 51 24 10 353 6 359 Chief of Police 85 53 74 84 114 91 88 33 38 660 12 672 Chief of Police 11 15 13 9 8 6 18 6 6 92 0 92 Measure No. 1 No. 2 No. 3 1 2 3 4 5 6 7 8 a YES 117 95 114 124 107 99 60 40 46 NO 148 174 177 209 189 185 212 64 46 YES 98 81 113 135 67 96 74 32 37 NO 170 189 184 198 230 184 200 73 59 YES 91 82 102 126 62 96 73 32 33 NO 179 185 1.88 207 236 182 202 73 62 Total 802 1404 733 1487 697 1514 Absentee Votes 19 22 19 25 17 24 Page #7 Minutes -- -Mon lay, April 14, 195F Total Votes 821 1426 852 1512 714 1538 365 Page #8 Minutes -- Monday, April 14, 1958 5. The Total number of votes given in the City to each of such persons, including absentee votes, was as follows: Ted W. Bartlett Councilman, 4 year term 735 Arch F. Lockett Councilman, 4 year term 529 Bob Bazil Councilman, 4 year term 508 George William Hanyak Councilman, 4 year term 363 W. A. Houston Jr. Councilman, 4 year term 459 Robert M. Lambert Councilman, 4 year term 767 Noble J. Waite Councilman, 4 year term 1188 Charles A. Bauer City Attorney , 4 year term 1905 Ray Overacker City Attorney, 4 year term 2 Lewis Perkins City Attorney, 4 year term 2 Ben H. Dulaney Chiefs of Police, 4 year term 1243 Roy D. Bryant Chief of Police, 4 year term 359 Howard Robidoux Chief of Police, 4.year term 672 John F. Thompson Chief of Police, 4 year term 92 6. That it is hereby found and declared that the following named persons were elected to the respective offices opposite their names: Robert M. Lambert, Councilman Noble J. Waite, Councilman Charles A. Bauer, City Attorney Ben H. Dulaney, Chief of Police 7. The total number of votes given in the City to each of such measures including absentee votes, was as follows: No. 1 YES: 821 NO : 1426 No, 2 YES: 852 No: 1512 No. 3 YES: 714 N0: 1538 8. That it is hereby found and declared the following measures were adopted or defeated as follows: Measure No. 1 Defeated Measure No. 2 Defeated Measure No. 3 Defeated 8. 3664 Page #9 Minute:, - Monday, April 14, 1958 Oath of Immediately following the canvassing of the Office election the Clerk administered the oath of office to the newly elected officers as follows; Robert Lambert - Councilman Noble Waite - Councilman Charles Bauer Ben H. Dulaney - City Attorney - Chief of Police Certificate The Clerk issued the certificate of election of election to each of the elected officers in accordance with the provisions of the Election Laws of the State of California. Ted Bartlett- Ted Bartlett and Arch Lockett outgoing Arch Lockett Councilmen addressed the meeting and pro- fusley thanked the voters of Huntington Beach for their loyalty and support in the recent election and expressed their deepest appreciation to Mayor Terry and all Department Heads and Board Members of the City of Huntington Beach for their wonderful cooperation during the term of office. Mayor Terry ordered a short recess. The City Clerk called the new council to order following the recess period and informed the Council members that the first order of business was that of choosing a permanent chairman and or Mayor for the ensuing two years and stated a motion was in order. Councilman On motion by Waite seconded by Bryant Irby appointed Mayor _ Councilman Irby be appointed to serve as Mayor of the City for the ensuing two years be approved. Motion carried. Mayor Irby received the gavel and continued the meeting. Rev.Spangler Mayor Irby requested Reverand Spangler to give the invocation. Mayor Irby expressed his appreciation to everyone present for the honor of being appointed Mayor. 9. Page #10 Minutes - Monday, April 14, 1958 367 Councilman Councilman Waite and Councilman Lambert gave Waite & Councilman short statements expressing their appreciation Lambert to all the voters for their fine support and confidence placed in them. David Payne David Payne, president of the Chamber of Commerce addressed the Council and stated he was speaking in behalf of the Board of Directors and members of the Chamber and extended the full cooperation of its membership to the City in all its efforts and planning for a better community. Victor Terry- On motion by Bryant seconded by Lambert Or.Co.Sanit. � Dist. #11 Councilman Victor Terry be appointed to serve as the City's second director to serve on the Board of Directors of Orange County Sanitation District No. 11, was approved by the following roll call vote: AYES: Councilmen: Lambert, Bryant, Irby, Waite. NOES: Councilmen: None. ABSENT: Councilmen: None. NOT VOTING: Councilmen: Terry. Councilman On motion by Waite seconded by Terry, Lambert - 2nd Director -Or. Councilman Lambert be appointed to serve as Co. Sanit. Dist.#3 & #11 an alternate director to the Mayor on the Board of Directors of Orange County Sanita- tion Districts No. 3 and 11, was approved by the following roll call vote: AYES: Councilmen: Bryant, Irby, Waite, Terry. NOES: Councilmen: None. ABSENT: Councilmen: None. NOT VOTING: Councilmen: Lambert. Councilman Waite-Dir. ; On motion by Bryant seconded by Lambert, Council- man Waite be appointed to serve as a Director on the West Orange County Water Board, be approved. Motion carried. 10. 366 Page ##11 Minute2 - irlonday, April 14, ll 58 Petition re; The Clerk read a petition received from re- regulations - raising of sidents in the North Annexation requesting the fo-"Vls,etc. City Council to provide regulations against raising of fowls, rabbits and obnoxious animals for commercial purposes within 100 feet of any residence. On motion by Bryant seconded by Waite the request of the petitioner's requesting regulation against the raising of commercial animals within 100 ft. of any residence be re- ferred to the Planning Commission for study.�Motion carried. Use Variance The Clerk read the petition for conditional 4106 A,ase_rr,bly of God Church exception, Use Variance #106, filed by the re:Sunday School Bldg. Assembly of God Church, 609 llth Street, on which the Planning Commission held a Public Hearing on March 18th, 1958 and made a report to the City Council recommending denial to permit the construction of a new Sunday School Educational Building size 15 x 40 feet. Members of the City Council reviewed the plans filed by the Assembly of God Church that had not been presented to the Planning Commission and the City Attorney pointed out that if the City Council passed favorably upon the Use Variance as presented to the Planning Commission upon which they made their report, the Church could only build a building 15 x 40 feet and not in accordance with the Plans submitted to the City Council On motion by Lambert seconded by Terry, Use Variance #106 of the Assembly of God Church in lieu of the new Plans filed, be referred back to the Planning Commission for further study and report. Fred A.Kruse Fred A Kruse and Pastor Bernard of the Assembly & Pastor Bernard- of God Church appeared before the City Council request with- drawal of use and gave their interpretation of the Variance Var . #106 regulations and stated that in their opinion a Variance is merely to give permission for a permit to do a part- 11. 369 Page #12 Minutes - Monday, April 149 1958 icular thing and the Plans could be submitted later to conform with building code requirements of the City, also Pastor Bernard pointed out that the statement included in the petition by the Assembly of God whereby they stated that Mr. Earl Irby, will be the building contractor, was inserted without the knowledge of Mr. Irby. Pastor Bernard requested that the motion of the Council referring the matter back to the Planning Commission, be withdrawn and that they be permitted to withdraw the petition for conditional exception, Use Variance #106. On motion by Bryant seconded by Waite the request of the Assembly of God Church for the withdrawal of the motion re- ferring the matter back to the Planning Commission and that the request to withdraw the Petition, Use Variance #106 be approved. Motion Carried. Sunset Heights A contingent of residents in the Sunset Area Heights Area appeared before the City Council and wheeled in a huge birthday cake and addressed the City Council stating that a petition for Annexation was being cir- culated and expressed the desire that the City Council would give favorable consideration to the request when presented. Mayor Irby thanked the group for the cake and their fine gesture. Agree-1,11m.C. The Clerk read the agreements between the Wantz cancelled City of Huntington Beach and William C. Wantz, whereby the City and Wantz desires to enter into a new agreement and license covering the sport fishing operations from the Municipal Pier and agree that a certain license dated the first day of January, 1956 by and between the City and William C. Wantz be cancelled effective as of April 14, 1958, due to consideration of premises and agreements in the new agreement. 12. 370 Page #13 1inutes - Monday, April 14, 1958 License Agee. The Clerk read the license agreement between Wm. C . ;';ant z & Harvey F. the City of Huntington Beach and William C. Hummel1 - Sportfi ring Wantz and Harvey F. Hummell dba Wantz and Boats Hummell, for permission to operate certain sportfishing boats which are used for carrying of passengers, patrons and customers for sportfishing in the waters of the Pacific Ocean off the shoreline of the City of Huntington Beach and to load and unload passengers and patrons going to and from said city -owned landing on the pier for sportfishing purposes. On motion by Waite seconded by Bryant the City accept the quitclaim offered by William C. Wantz whereby he re- linquishes all his right title and interest in any, in and to that certain boat landing which consists of pilings, hoists, spring -line and floating landing which is presently located at the end of the Municipal Pier, and the Mayor and the City Clerk be authorized and directed to execute the agreements on behalf of the City, between William C. Wantz and Harvey F. Hummell dba Wantz and Harvey F. Hummell was approved by the following roll call vote: AYES: Councilmen: Lambert, Bryant, Irby, Waite, Terry. NOES: Councilmen: None. ABSENT: Councilmen: None. Agreement- The Clerk read the agreement between the City of Fox Sport fishing Co. Huntington Beach and the Fox Sportfishing Co., Inc., barge whereby the City gives permission to operate a certain sportfishing barge which he is anchoring or intending to anchor off the shoreline of said City, and his certain boats which he desires to use for carrying passengers, patrons and customers, for sportfishing purposes to and from said barge from the City Pier and intends to load and unload passengers, patrons and customers going to and from said City -owned pier to said barge.for sportfishing purposes. 13. 371 Page #14 Minutes Monday, April 14, 1958 On motion by Bryant seconded by Lambert the Mayor and the City Clerk be authorized to execute on behalf of the City the license agreement between the City of Huntington Beach and Fox Sportfishing Co., Inc., be approved. Motion carried. Repairs to William Lewis, Assistant City Engineer re — boat landing ported that the City is the owner of the boat landing at the end of the Municipal Pier and it is in a very bad state of repair and that some action must be taken immediately to insure adequate repairs if it is to be used by May 1st, by the Sportfishing boats and the estimated cost for the repairs according to repair quotations filed is $4,200.00. On motion by Terry seconded by Bryant the Assistant City Engineer be instructed to immediately process the boat landing repairs in accordance with the best quotation received, was approved. Motion carried. Reserve On motion by Terry seconded by Bryant the Reserve Firemen Firemen in the City of Huntington Beach be given a special vote of thanks for the manner in which they handled the Election returns at the Municipal General Election held on April 8, 1958, be approved. Motion carried. 20 signs On motion by Bryant seconded by Waite the on beach re: intoxicating City Purchasing Agent be authorized to order beverages 20 signs to be erected on the back of the lifeguard stations located on the municipal beach and said signs be the size to conform to the rear wall surface of the lifeguard stations and said signs to have wording to warn the public that there shall be no drinking of intoxicating beverages on the beach, be approved. Motion carried. On motion by Bryant seconded by Waite the meeting of the City Council of the City of Huntington Beach adjourned. 14. 372 Page #15 Minutes - Monday, A_:ril 1.4, 1958 i Clerk and ex-officio er of he City Council of the City of Huntington Beach, California ATTEST: ayor City Clerk 15.