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.