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HomeMy WebLinkAbout1958-06-30444 MINNTZS Council Chamber, City Hall Huntington Beach, Calif. Monday, June 30, 1958 Paarsuant to adjournment of the regular meeting of the City Council on June 16, 1958, Mayor Irby called the regular adjourned meeting of the City Council to order at 7130 o'clock P. M. Councilmen presents Lambert, Bryant, Waite, Irby. Councilmen absents Terry.(Councilman Terry arrived at 708 o'clock P. M.) Atlantic Oil Co. On motion by Waite seconded by Lambert Term. drlg. & cleanup bond- the request of the Atlantic Oil Company - Well #17 Miller and Ford, for termination of the Fidelity and Deposit Company drilling bond No. 7305535 and cleanup bond No. 7305536 for well No. 17, located in Block 1706, Fast Side Villa Tract, having complied with Section 2427.3 and Section 2448.1 of the Huntington Beach Ordinance Code and the operator and the bonding company be notified of the bond termination, be approved. Motion carried. Atlantic Oil Co. On motion by Lambert seconded by Bryant Term. drlg. & cleanup bond -Newland the request of the Atlantic Oil Company for 2 & Newland #2 termination of the Fidelity and Deposit Company of Maryland cleanup bond No. 7238852 and drilling bond No. 7238655 on the Newland #2 well, and cleanup bond No. 7265891 and drilling bond No. 7265890 on the Newland #3 well, located in Section 1, Township 6 South, Range 11 West, having complied with Section 2427.3 and Section 2448.1 of the Hunt- ington Beach Ordinance Code, and the operator and the bonding company be notified of the bond termination be approved. Motion carried. Monarch Oil & Gas Co. On motion by Lambert seconded by Waite Term. cleanup bond Porter #1, Porter #2 the request of the Monarch Oil and Gas and Ben -Bur #1 Company for termination of the Fidelity 1. 445 1 Page #2 Minutes - Monday, June 30, 1958 and Deposit Company cleanup bond No. 7110884 for Porter #1 well, located on Lots 10 and 12, Block 2069 Huntington Beach Tract, and bond No. 7110881, for Porter #2 Drell, located on Lots 24 and 26, Block 206, Huntington Beach Tract, and bond No. 7111683 for Ben -Bur #1 well, located on Lots 10, 12, and 14, Block 2069 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 bond termination be approved. Motion carried. W. M. Elliott - On motion by Waite seconded by Lambert the term. -cleanup bonds Well #10 request of W. M. Elliott for termination of and Well #11 the Glens Walla Insurance Company cleanup bond No. 75-30-41, and cleanup bond No. 75-33-85 covering wells #10 and #11 respectively, located in Block 1901 Tract #12, and having complied with Section 2448.1 of the Huntington Beach Ordinance Code, and the operator and the bonding company be notified of the bond termination be approved. Motion carried. Shasta Pan Oi.1.Co. On motion by Bryant seconded by Terry the Cancel oil well permit -Stewart #1 request of the Shasta Pan Oil Company for cancellation of oil well permit and bonds on their well Stewart #1, located below bluff on Frankfort Street and 701.5 West of Highway #39 and to terminate the Pac- ific Employers Insurance Company bonds No. 01-B-57743 and No. 01-B-57744, and oil well permit No. 235, in accordance with Section 2427.2 "Failure to Drill" of the Huntington Beach Ord- inance Code, and the operator and the bonding company be notified of the oil well permit cancellation and bond termination, be approved. Motion carried. L.Dean Gardiner- On motion by Terry seconded by Waite the Term. drlg. bond - Shaffer Tool Co. request of L. Dean•Gardiner Company for term- #620- 1 ination of the Hartford Accident and Indem- nity Company drilling bond No. 2705365 and well known as the 2. 446 Page #3 Minutes - Monday, June 30, 1958 Shaffer Tool Company No. 620--1, located on Lots 10 and 12, Block 620, Huntington Beach Tract, and the operator and the bonding company be notified of the bond terminations be approved. Motion carried. Elect.Bond- On motion by Lambert seconded by Terry Ro er Arnold the Electrical License Bond of the Aetna Casualty and Surety Company for principal Roger Arnold, and as •approved for form by the City Attorney be accepted and ordered filed. Motion carried. Elect.Bond- On motion by Lambert seconded by Terry Montrose Electric Inc. the Elecatrical Surety Bond of the Indem- nity Insurance Company of North America for Montrose Electric, Inc., of Glendale, California, and as approved for form by the City Attorney, be accepted and ordered filed. Motion carried. Housemover's Bond - On motion by Terry seconded by Waite the Star Housemovers Housemover's Bond of the Hartford Accident and Indemnity Company for Star Housemover's, Inc., and as approved for form by the City Attorney be accepted and ordered filed. Motion carried. Final Acceptance - On motion by Terry seconded by Waite in St.Lighting Standards lath Street accordance with the recommendations of the City Engineer, to accept the final installation of 42 street light standards by the Pacific Union Metal Company on Eleventh Street between Ocean Avenue and Main Street, Walnut Avenue between Ninth and Eleventh Streets, Olive Avenue between -Ninth and Eleventh and Orange Avenue between Ninth and Eleventh Streets, and the City Clerk be instructed to file notice of completion with the County Recorder, be approved. Motion carried. General Petroleum The Clerk read a letter of transmittal Corp. UV 121 from the Huntington Beach Planning Commission recommending the approval of Use Variance 121, filed 3. 447 Page #4 Minutes -Monday, June 30, 1958 by General Petroleum Corporation of Downey, California, for per- mission to allow the reconstruction of a service station and to permit the usual accessory uses, the location being the South- west corner of Smeltzer Avenue and Highway #39, legal description Lots 1, 2 and 3, and the northerly 25 feet of Lot 49 Tract 417, subject to the following conditionst DEDICATION AND IMPROVEMENT OF R/W 1. The applicant shall dedicate and improve, with paving and curb or ramp and gutter, as is indicated in applicant's submitted plot plan, to the specifications of the City Engineer. The dedication shall be the southerly 48 feet from the centerline of Smeltzer Avenue and shall be the length of Lot 1, Tract 417. HIGHWAY IMPROVEMENTS 2. The applicant shall improve all frontage on Highway 39 with paving, ramps or curbs and gutters to the specifications of the State Division of Highways and/ or the City Engineer as is indicated on the submitted plot plan. CONCRETE BLOCS WALL 3. The applicant shall install a concrete block wall 5 feet in height along the west and south property lines except for that portion of the wall within 20 feet of either street right-of-way line which shall be four feet in height. LIMITATIONS 4. There shall be no major auto repairs permitted under this variance, nor shall there be any uses other than the usual accessory uses normal for a service station operation. The Planning Commission recommended the approval of Use Variance #121, by the following roll call votes AYES: Commissioners: Liles, Davis, Schryer, Bazil, Stang, Presson, Sork. ]DOES: Commissioners: bone. ABSENT: Commissioners: None. Variance Granted On motion by Bryant seconded by Lambert in accordance with the recommendations of the Planning Commission the City Council grant to the General Pet- roleum Corporation the request in Use Variance #121, subject to the conditions recommended be imposed -by the Planning Commission 4. 448 Page #5 Minutes - Monday, June 30, 1958 to permit the reconstruction of a service station and to permit the usual accessory uses on a location at the Southwest corner of Smeltzer Avenue and Highway #39, Was approved by the follow- ing roll call vote: AYES: Councilmen: Lambert, Bryant, Terry, Waite, Irby. NOES: Councilmen: None. ABSENT: Councilmen: None. Notice of geed The Clerk read an affidavit of posting abatement charges report of weed and rubbish abatement charges filed with the City Clerk on the 25th day of June, 1958, whereby the Street Superintendent stated he posted in the hall on the second floor adjacent to the Council Chamber a list of weed and rubbish abatement charges for the year 19589 said list being a partial list of charges, to be confirmed by the City Council at their meeting on June 30, 1958, at 7145 o'clock P. M., and that the above mentioned date and time the City Council will hear any object- ions of the property owners which are assessed for the weed and rubbish abatement charges. Public Hearing - Mayor Irby announced that the City Council at this time would hear objections from any property owners, who are assessed for weed and rubbish abatement charges in accordance with the weed abatement charges posted by the Street Superintendent. Leo Farwell -- Leo Farwell, local resident, appeared protest on weed charges before the City Council and protested the weed charges covering Lot 8, Block 7059 Wesley Park Section, and stated that the City personnel that went in to clean weeds on the property mentioned dug up part of his lawn and did other damages in the process of weed abate -- meat, and other minor damages on his property. Hearing closed - There being no further protests from 5. 449 Page #6 Minutes - Monday, June 30, 1958 Property owners as named on the list posted by the Street Super - intendant, Mayor Irby declared the hearing closed. Weed abatement On motion by Bryant seconded by Waite the City charges approved Council finds the charges as contained in the list of weed and rubbish abatement charges as listed by the Street Superintendent except the charge covering the property of Leo Farwell being Lot 81 Block 705, Wesley Park Section, be accepted therefrom, and all other charges be approved and property owners be billed in accordance with provisions of the State code, and if not paid within the time permitted the unpaid charges be certified to the County Auditor of Orange County to be included on the 1958-59 assessment roll. Lotion carried. Lawrence Kraemer -The Clerk read the letter of transmittal from CP 105 the Huntington Beach Planning Commission for the conditional permit CP105 filed by iawrenee Kraemer 7165 Talbert Road, Huntington Beach, California, to allow excavation of earth materials and the final use as a private or public dump for inert materials, location being the Northeast corner of Talbert Avenue and Goldenwest Street, and legal description being the Test 30 acres of the South half of the Southwest quarter of Section 26, Township 5 South, Range 11 best, S.B.B. do M., and recommend to the City Council the approval of CP105, subject to the following conditions: ULTIMATE EXCAVATION 1. No portion of the ultimate exterior line of excavation shall be less than 50 feet from any property line. SLOPE 2. All portions of the exterior line of excavation shall be a finish slope of existing undisturbed material reposing at a gradient not steeper than 1-J foot rise in 1 foot horizontal measurement. FENCING 3. A fence shall be erected enclosing the entire permit area including all buildings, structures, yards, parking 6. 450 Page #7 Minutes - Monday, June 30, 1958 areas, reservoirs or other uses incidental to the operations thereon in accordance with the following minimum specifications: (a) Said fence shall be a minimum of four strand 9 inches apart on five foot poste and barbed' wire fence. (b) Fence gates shall be required at all vehicular and pedestrian points of ingress and egress. Fence gates shall also be 5 feet high and shall have 5 strands of barbed wire. (c) Said fence gates shall be equipped with locks and shall be kept locked at all times when not in regular use. DEPTH OF EXCAVATION 4. Said permissible excavation shall not have a depth exceeding that level established on USGS maps as mean sea -level. REFILL TO GROUND LEVEL 5. Upon completion of requested excavation, the exca-' vation may be refilled with inert materials to ground level not to exceed the highest point of the surround- ing land. The permissible inert materials may include trash, rubble, and earth, or other solids, provided the top 18 inched shall be top soil. TIME LIMITATION 6. CP105 shall expire within seven years from the date of approval. REFILL ON R/W 7. This permit shall allow the refill of certain portions of Talbert & Goldenwest Ave. with appropriate inert materials where the R/W adjoins the applicant's prop- erty and forms a deep crevice, provided that approval of the City Engineer is granted. The Planning Commission recommended the approval of CP105 by the following roll call votes AYES: Commissioners: Liles, Davis, Schryer, Bazil, Stang, Preeson, Bork. NOES: Commissioners: None. ABSENT: Commissioners: None. The agent for Lawrence Kraemer relative to OP105 appeared before the City Council and explained the 7-. 451 Page #8 Minutes -- Monday, June 30, 1958 procedure that would be used in the removal of humus and filling with inert materials for the purpose of preparing the land for its fullest and highest economic development. CP 105 with- On motion by Lambert seconded by Bryant to grant drawn for further study CP105 as recommended by the Planning Commission was withdrawn at the request of Councilman Lambert and Councilman Bryant, in order that other Council members may review the request of Laurence Kraemer covering the proposed use of land described in the conditional permit. Planning The Clerk read a letter of transmittal received Commission - re - litter from the Planning Commission to the Honorable law City Council recommending strict enforcement of the litter law and stating that at a public hearing held on June 17, 1958, 0. L. Stricklin a resident in the Horth Annexation area addressed the Commission and stated that he wished to protest the operations of the dump site as proposed by Conditional Permit 1059 although not representing his neighbors, he said that he and his neighbors have been constantly fighting a losing battle to keep the area cleaned up, and elaborated by describing the problem of having residents drive by with trailer loads of uncovered trash which was being well dispensed prior to arrival at the dump.- W. L. Weybright W. L. Weybright, Hahn, Wise and Barber, Planning Consultant Representative, suggested that better police enforcement as suggested by the Chairman could be recomm- ended by sending along a separate letter of transmittal to the City Council which requests that all trash trucks and trailers be forced to comply with regulations governing the proper.cover- ing, and a motion was made by Schryer and seconded by Davis to make the recommendation as stated by Weybright and the motion was carried. Agrmt. -Hahn, The Clerk read the agreement between the City of Wise & Barber, Planning Consult -Huntington Beach and Hahn, Wise and Barber, ants -further study 8, 452 Page # 9 Minutes - Monday, June 30, 1958 Planning Consultants, to give planning services to implement the Master Plan and to prepare certain precise plans in coop-- eration With the Planning Commission for a fee of $270.00 per month for a period of twelve months starting on September 1,1958. Mayor Irby referred the agreement of Hahn, Wise and Barber to the City Council members for further study and report. Public hearing- Mayor Irby announced that a public hearing Proposed budget had been set for 8:00 o'clock P. M. June 309 1958 on the proposed 1958-1959 City Budget, and asked if anyone present wished to make any remarks or discussion on the various phases of the budget. The Clerk had previously passed out copies of the budget to all those present at the meeting. A general review was made of the proposed budget for 1958-1959 by the City Council and the Clerk read a letter that accompanied the budget explaining or pointing out certain conditions and circumstances that increased the budget 36 over the prior year. There being no protests=on the budget as presented the Mayor declared the hearing closed. Budget 0n motion by Bryant seconded by Lambert adopted the proposed 1958-1959 budget of the City of Huntington Beach as presented by the Administrative Officer be adopted without further changes or corrections, was approved by the following roll call vote: AYES: Councilmen: Lambert, Bryant, Terry, Waite, Irby. NOES: Council.mens None. ABSENT: Councilmen: None. Agrmt.-Count.of On motion by Bryant seconded by Lambert the Orange, Fire Protection Mayor and City Clerk be authorized to execute the agreement between the County of 0range and the City of Huntington Beach covering fire protection to 91b 453 Page #10 Minutes -- Monday, June 30, 1958 six annexations made to the City of Huntington Beach in the last fiscal year. Motion carried. Patterson Way Mayor Irby referred to the Planning Comm - offered for dedication ission the request of property owners owning property on the private road known as Patt- erson Way requesting the City to accept the dedication of Patt- erson Way as a street to the City of Huntington Beach in order that it may become a public thoroughfare, for study and report. Sale of Lots The Clerk read the offer of James L. Smith 21 and 22, Blk. 9112 W. F. to purchase Lots 21 and 22, Block 911, Wesley Park Section, for an amount of $3500.00 and the offer of Bill Hattig for the same parcel in the amount of $3705.00, each party having deposited a cashier's check in the amount of $350.00 and $400.00 respectively as a deposit on the bid, As bidder Bill Hattig and Thomas Fan Talbert authorized agent for James L. Smith were present Mayor Irby, after conference with the City Attorney and members of the City Council, informed them that they could make verbal changes in their bids at this time. Thomas Van Talbert bidding for James L. Smith -- made an oral bid up to $3860.00 and Bill Hattig offered $3850.00. .Thomas Van Talbert's bid of $3860.00 bidding for James L. Smith was high bidder. Lots 21 and 22# On motion by Bryant seconded by Lambert the Blk. 9119 W. P. sold to James offer of Thomas Van Talbert authorized agent L. Smith for James L. Smith in the amount of $3860.00 for tax title lots 21 and 22, Block 911, Wesley Park Tract, be accepted and ordered sold to James L. Smith or Hazel A. Smith, husband and wife, as joint tenants, City reserving the mineral rights without right of surface entry, and said deed to be subject to all covenants, restrictions, reservations, easements 10. 454 Page #11 Minutes - Monday, June 30, 1958 and rights of way of record. Motion carried. City Attorney to On motion by Lambert seconded by Bryant prepare deed to James L. Smith the City Attorney be instructed to prepare the necessary deed covering the sale of lots 21 and 22, Block and kzel orrected min.8-4-58) 911, Wesley Park Section, to James L. Smith � A. Smith, husband and wife, as joint tenants, excluding the mineral rights without right of surface entry, and be authorized to order, a title policy and the Mayor and City Clerk be authorized to execute the deed. Notion carried. Fund Transfers - On motion by Terry seconded by Bryant the City Clerk be authorized to transfer to the General Fund from the Traffic Safety Fund the amount of $26,884.30, expended from the General Fund•for the maintenance and replacement of traffic signs, markings used for the purpose of regulating, warning and guiding traffic and for equipment and supplies for traffic law enforcement and traffic accident prevention and for cost of maintenance, improvement or const- ruction of public streets, and $51019.11 from the Motor Vehicle License Fees (In Lieu Tax) expended for law enforcement and regulation and control of Highway Traffic and cost of annex- ation proceedings, and $28,221.55 from the Parking Meter Fund expended for traffic enforcement. -street signs, traffic enforce- ment officers salaries and purchase, installation, supervision, protection, inspection, maintenance and operation of parking meters, was approved by the following roll call vote: AYES: Councilmen: Lambert, Bryant, Terry, Waite, Irby. NOES: Councilmen: Done. ABSENT: Councilmen: bone. Fund Transfers- On motion by Terry seconded by Bryant the 4 t h Zuarter City Clerk be authorized to reimburse the General Fund for expenditures made for the Music and Promotion Fund, Special Recreation Fund, and Special Capital Outlay Fund 11. 455 Page #12 Minutes - Monday, June 30, 1958 for the months of April, May and June, 19589 be approved as follows: Music and Promotion Fund . . . . . . $ 19,461.02 Special Recreation Fund. . . $ 7,679.29 Special Capital Outlay Fund. . . . . . . S 499473.89 Fund transfers-- On motion by Bryant seconded by Waite in 'Nest Or. Co. Water Board accordance with the request of the West Orange County Water Board the meetings of March 1.2th, and June.25th, 1958, to reimburse the West Orange County Water Board Operation and Maintenance Fund for expenditures made for and,on behalf of the City of Huntington Beach in the respeetive amounts.of $219.94 and $778.37, said amounts be paid from the General Fund of the City. Motion carried. Pal Bike Club to On motion by Bryant seconded by Waite the sell soft drinks request of Albert W. Thompson for the Pal Bike Club for permission to have a stand to sell cold drinks and ice- cream at the alley on the west side of 8th and 9th Streets on Orange Street, be approved. Motion carried. H. B. Emblem Club On motion by Bryant seconded by Lambert the to sell Coca Cola Huntington Beach Emblem Club be permitted to sell Coca Cola during the 4th of July parade in accordance with arrangements made with William Gallienne, Secretary of -the Chamber of Commerce, be approved. ,Street Dept. to On motion by Terry seconded by Waite in accor- purchase jig -saw and steam cleaner dance with the Street Superintendent, William Lewis, the City Purchasing Agent be authorized to purchase one portable jig -saw at an estimated cost of $55.00 and one portable steam cleaner at an estimated cost of $360.00, and said purchase order to be issued against the appropriations for the fiscal year 1958-59 budget, be approved. motion carried. Appraisal of Lots The Clerk read the appraisal filed by Chris 2 and 4, Blk. 414 1-7-th-_St. - Sec. _- - H. King, Real Estate Broker, covering tax 12. 456 Page #13 lilinutes -- blonday, June 30, 1958 title lots 2 and 4, Block 414, 17th Street Section, appraising the lots at $2400.00 being a fair market value due to the surr- oundings and conditions, and said appraisal was with oil rights reserved to the City. Lots 2 and 4 B1k.414, On motion by Terry seconded by Bryant offered for sale to Fred C. Hermann Lots 2 and 4, Block 414, 17th Street Section, be offered to Fred C. Hermann for the sum of $2400.00 cash, said property shall be sold subject to covenant$, conditions, restrictions, reservations, easements and rights of way of record, if any, subject to all liens and encumbrances placed upon said property by Fred C. Hermann and Myrtle V. Hermann, and excepting therefrom, all mineral rights, but without right of surface entry, and said offer to be open only for sixty (60) days from date, and to be accepted only by payment of the full purchase price to the City Treasurer during said sixty (60) day period. Motion carried. Demands for On motion by Waite seconded by Bryant pLL;Ment the demands as approved by the Finance Committee be ordered paid. Motion carried. Boyd Davis and Councilman Lambert offered.to the City Howard Schoonover to Recreation Council the names of Boyd Davis and Howard Commission L. Schoonover, Boyd Davis to be appointed to the Recreation Commission to succeed himself for another term and Howard L. Schoonover to be appointed to the Recreation Commission for a term to succeed Mr. Frank Catching. On motion -by Lambert seconded by Bryant in accordance with the proposal of Councilman Lambert, Boyd Davis be appointed to the Recreation Commission for an additional term to succeed himself and Howard L. Schoonover for a term on the Recreation Commission to succeed Mr. Frank Catching. Motion carried. 13. 457 Page #14 Minutes - Monday, June 30, 1958 Drinking On motion by Bryant seconded by Waite the fountain on pier Assistant City Engineer be authorized and instructed to install a drinking fountain at the pier approach in the area previously located at an approximate cost of $105.009 be approved. Motion carried. Joe Capocciama The Clerk read the request of Joe Capocciama request for water line and Benny Capocciama residents at 19232 and 19206 Huntington Beach Blvd., respectively, requesting to connect with the City Metropolitan Water trunk line for domestic water as their present water well water is not fit for domestic use. Water report On motion by Terry seconded by Lambert the Proposed water system City Engineer be instructed to expedite expediously the final water report for the proposed water system to be serviced by the Metropolitan Water lines owned by the City of Huntington Beach. Motion carried. Law suit - re City Attorney Bauer made a brief resume of Fred Hermann the progress being made on the law suit of Fred Hermann vs City of Huntington Beach, Fire Chief Higgins requested the City Council to authorize the disposal of 1923 fire pumper that has been stripped down. 1923 Fire pumper On motion by Bryant seconded by Waite the declared surplus City Council of the Oity of Huntington Beach finds and determines that the 1923 fire pumper is of no further service to the City and be declared surplus, and instruct the City Clerk to advertise the pumper for sale. Motion carried. Street lights On motion by Waite seconded by Terry the City at Newland and #101 Engineer be instructed to proceed with the installation of the street light standards at Newland Avenue and Highway #101 as requested by the Southern California Edison Company to correct a traffic hazard. Motion 14. 458 Page #15 Minutes - Ivionday, June 30, 1958 carried. On motion by Bryant seconded by Waite the adjourned meeting of the City Council of the City of Huntington Beach adjourned. Ci r Clerk ancT ea-officio Clerk of./the City Council of the City of Huntington Beach, California I ATTEST: Mayor City Clerk 15.