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HomeMy WebLinkAbout1959-03-16191 MINUTES Council Chamber, City Hall Huntington Beach, California Monday, .March 16, 1959 Mayor Irby.called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 o'clock P.M. Councilmen Present: Lambert, Bryant, Terry, Waite, Irby. Councilmen Absent: None. Referendum petition The Clerk reported that at 11:45 A.M. filed - Protest Ord. #706- Districting of March the 16th, 1959, a referendum petition was filed in the City Clerk's office of the City Hall addressed to the Mayor and the City Council of the City of Huntington Beach reading as follows: "We the.undersigned, voters of the City of Huntington Beach, California, do hereby protest against the adoption of Ordinance No. 706, entitled: "An Ordinance of the City of Huntington Beach, amending the Huntington Beach Ordinance Code adopting a zoning plan being a'precise section of the land use plan unit of the Duster Plan and an Official Plan of said City; specifying the pur- poses and effects of the adoption of said plan, whereby vari- ous districts are established in said City; specifying the uses of -land and of buildings permitted in said districts; prescribing for the erection, construction, alteration, and maintenance of building, structures and other improvements in said districts, including the requirements that certain permits shall be secured for certain of such buildings, structures and improvements, and for the use thereof and of land; defining the terms used herein; specifying the procedure for the amendment hereof; repealing all Ordinances of parts of Ordinances in conflict herewith; and prescribing penalties for the violation of any of the provisions herein". The Clerk reported that there appear- ed to be approximately 661 signatures affixed to the peti- tion. City Attorney Bauer informed the City Council that the Clerk has 10 days in which to check 192 Page #2 - Minutes, March 16, 1959 and qualify the signers in the petition at the Registrar of Voters office at Santa Ana. The Clerk informed the City Council that the Election Code provides that the Clerk may employee additional help in the checking of petitions and requests permission to do so. On motion by Terry seconded by Bryant the City Clerk be authorized to employee the necessary person- nel to assist in the checking of the referendum petition filed, be approved. Motion carried. Monthly Reports The Clerk read the monthly report of City Engr. & Police Chief James R. Wheeler, City Engineer and Chief of Police filed with the Clerk for the month of February, 1959. On motion by Bryant seconded by Waite the reports for the month of February filed by the City Eng- ineer and the Chief of Police be received and ordered filed. Motion carried. DV #123 - The Clerk read a letter of transmittal Joe Abandonato received from the Huntington Beach Planning Commission relative to Division of Land #123. Petitioner being Joe Abandonato of 200 Oranoe Avenue, H.B., requesting a division of land located in Block 402 Hunting- ton Beach Tract, and after due consideration following notice of Public Hearing the Planning Commission recommended the approval of Division of Land No. 123 without conditions. Motion was made by Schryer seconded by Stang recommending approval. Motion carried by the following roll call vote: AYES: Liles, Davis, Schryer, Presson, Stang, Chairman- Bazil. NOES: None. ABSENT: Sork. On motion by Terry seconded by Bryant in accordance with the recommendation of the Planning Commis- sion the request of Joe Abandonato for Division of Land on property located in Block 402, Huntington Beach Tract and to be designated as Division of Land DV #123 be granted with- 2. Page #3 - Minutes, March 16, 1959 out conditions. Motion carried. UV #142 -- The Clerk read letter of transmj ttal Rochelle Nieeale from the Huntington Beach Planning Commission relative to Use Variance #14.29 petitioner being Rochelle Niccole of 400 - 3rd Street, City, to allow an 8 Unit apartment dwelling to be built in a 2-2-0 Duplex . Residential District, location being 100 feet south of Gen- eva Street don the east side of Delaware Street, legal des- cription Lots 13, 14, and the N 18 feet of Lot 159 Block 605, East Side Villa Tract, and after Public Hearing wail held on March 3rd, 1959 by the Planning Commission to con- sider the petitioner's request a motion was made by Oommis-- sioner Sehryer and seconded by Commissioner Davis to recom- mend denial and motion was passed by the following roll call. vote: -AYES: Liles, Davis, Schryer, Presson, Stang, Chairman- Bazil. NOES: None. ABSENT: Bork. After due discussion by the City Council Mayor Irby deferred action on Use Variance #142 in order that the..City Council can give further study on the request. UV #146 - The Clerk read a letter of trans - Rex Funke mittal from the:Huntington Beach Planning Commission relative to Use Variance #1461, peti-_ tioner being Reg Funke of 200 Frankfort Street, H.B., to allow an existing Grocery Store to enlarge its operation and to provide the required parking under, the new provis- ions of the 0-1 Neighborhood Commercial District regula- tions as adopted on February 16, 1959. Present zoning is R-3-0 and is being rezoned to R-2-0, location being at the southeast corner of Frankfort Street and Alabama Street, legal description being Lots 25-26-27 , and 28, Block 1, Redburn Tract, and after a Public Hearing was held by the Planning COmmisssion on March 3rd, 1959 a motion was made by Commissioner Stang and deconded by Commissioner Liles to recommend approval with the following conditions: . 3. A 1 11 Page #4 - Minutes, Margin 16, 1959 0-1 PROVISIONS: 1. All provisions of C-1 Zoning District as outlined in the new zoning ordinance effective on March 19, 1959, shall prevail. REMOVAL OF OLD STRUCTURE: 2. Action must be taken to remove the old structure loca- ted at Lots 25 and 26, Block 1, Redburn Tract, within 90 days of occupancy of the new structure. SUBMITTED PLOT PLAN: 3. Use Variance #146 is granted on the basis of the sub- mitted plot plan unless otherwise a change is author- ized by the Planning Commission.' passed by the following roll call vote: AYES: Liles, Davis, Schryer, Presson, Stang, Chairman - Bazil. NOES: None. ABSENT: Sork. On motion by Terry seconded by Waite in accordance with recommendations of the Planning Commission Use Variance #146 requested by Rex Punke of 200 Frankfort Street be granted subject to the conditions requested imposed by the Planning Commission. Motion carried. UV #147 - The Clerk tread a letter of transmittal A.Z. Ben.thin from the Huntington Beach Planning Commission relative to Use Variance #147, petitioner being A.Z. Benthin of 9604 Downey Avenue: Downey, California, to permit three single family dwellings to be moved into an A-1 General Agricultural District under provisions of Orange County Ordinance No. 351 as adopted by Interim Ordinance No. 668, location being 400 ft. west of Highway #39 on the North side of Aldrich Street, legal description - Lot 28, Tract 417. After a Public Heating was held by the Planning Commission on March 3rd, 1959 a motion was made by Commissioner Presson and seconded by Commissioner Stang to recommend approval with the following conditions: DUPLEX AND ONE UNIT: 1. That the *wo identical moved in homes shall be attach- ed so as to be a duplex. That there shall also be 4. 195 Page #5 - Minutes, March 16, 1959 permitted one'single family home of new construction. GARAGE AND DRIVEWAY REQUIRED: 2. That there shall be a garage or carport required for each unit. That :there_ shall be a 15 foot paved drive- way required to connect each garage or carport to the fronting street. passed by the following roll call vote: AYES: Liles, Davis, Schryer, Presson, Stang, Chairman- Bazil. NOES: None. ABSENT: Sork. On motion by Bryant seconded by Lambert in accordance with the'recommendation of the Plan- ning Commission Use Variance #147 requested by A.Z. Benthin be granted subject to the conditions requested to be imposed by the Planning Commission. Motion Carried. Reso. No. 58 -- H.B. The Clerk read Resolution No. 58 Planning Commission adopted by the Planning Commission of the City of Huntington Beach, "A Resolution of intent of the Planning Commission of the City of Huntington Beach to study and rezone specific areas within the City limits". Yunker, Morton & On motion by Terry seconded by Dolley - term. cleanup bond- Lambert the request of Yunker, H.B. Fee #1 well Morton and Dolley for termination of the Fidelity and Deposit Company of Maryland cleanup bond #72-69-221 covering will H.B. Fee #1, in Block 7105 East Side Villa Tract and having complied with Section 2448.1 of the Huntington Beach Ordinance Code and the bond- ing company and the operator be notified of the bond term- ination be approved. Motion carried. Beloil Corp. - On motion by Lambert seconded by term. cleanup & drlg. bonds - Wells Waite the request of the Beloil Davenport #7 & #8 Corporation for termination of the Central Surety and Insurance Corp. cleanup bond No. 30-59-93 and cleanup bond No. 30--59-95 and drilling bond No. 30-59-92 and drilling bond No. 30-59-96 covering their wells Daven- port #7 located in Block 2002 Vista Del Mar Tract and Davenport well #8 located in Block 2102 Vista Del Mar Tract, 5. Page #6 - Minutes, March 16, 1959 and 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 terminations, be approved. Motion carried. Business Licenses On motion by Terry seconded by Bryant the applications for license to conduct business in the City of Huntington Beach for the following applications as approved by the Health Officers Building Inspector, Chief of Police and Fire Chief be granted: Organ-O-Sil Fiber Company business of Muffli§r Blot Mfg. of 712 Yorktown Street, H.B. Fox Hills Trailer Sales, Inc. business of Trailer Sales at N.W. Corner of Hwye #101 and #39, H.B., of 6150 S. Sepulveda Blvd., Culver City California. Wintersburg Community water Forks business of mro:glding water for those holding an interest, location - Washington & Lincoln Ste. H.B. Cary Water Tract, business of Water Service at 7802 Newman St., H.B. Suburban Plumbing Co. business of plumbing - wheel tax, of 14461 La Jolla, Placentia, California. John and Ruth Hood, business of Watkins Products route,of 712 Ocean Avenue, H.B. K.E. Griffin Construction Co. business of general contractor - Wheel tax, of 1641 E1 Portal Dr., La Habra, Calif. Tony Cardoza business of wholesale dairy at 8471 Wintersburg Avenue, H.B. Western Hobpycraft business of mail order at office located at 608 Olive Ave., H.B. Ernest T. Barnes business of Used Furniture and Clothing at 17722 H.B. Blvd., H.B. John C. McOolister dba Reclaim Company, business of rubber trimming, at 1980 Lake Ave. H.B. Helen Melendez - On motion by Terry seconded by Waite Business License fee forfeited y in accordance with request of the City Collector the license fee deposited by Marie Helen Melendez, for business application to donduct the busyness of Fruit and Vegetable stand at Hiway ##39 and Wintersburg Avenue be for- feited as applicant has been unable to comply with the Sani- tation and Building -=egii1ations; be approved. motion carried. 6. 187 Page #7 - Minutes, March 16, 1959 Amend Ord. Code - On motion by Waite seconded by Bryant Job Class. - School Crossing Guard in accordance with the request of the Police Chief, the City Attorney be instructed to amehd the Huntington Beach Ordinance Code to provide for job Classification - "Schhol Crossing Guard"- at pay scale of $1.75 per hour for a minimum of five (5) hours per each school day, be approved. Motion carried. lst Baptist Church On motion by Bryant seconded by to remove trees & to cement sidewalk Waite the request of the Board of to curb Trustees of the First Baptist Church for the removal of trees from around the church and permis- sion to cement from the sidewalk to the curb in front of the church on both Sixth and Orange Streets and cement work to be done at the expense of the Church be granted. Motion carried. Public Hanrin�7 Mayor Irby announced a public Hear - Ord. No. 712 - Fire Preventi-on Code ing was set for 8:00 o'clock P.M. -and reques-te-d -the Clerk to read the notice of publication. The Clerk read the Notice of -Public- -ation, a Notice of Public Hearing published in the Hunt- -ington Beach News on March the 5th and March the 12th, 1959, -calling for a -public hearing on the proposed Ordinance No. -712,to provide for adoption, by reference, a Fire Prevention Code and said hearing set for 8:00 o'clock P.M., on the 16th day of March, 1959, in the Council. Chambers of the City Hall, City of Huntington Beach. Mayor Irby opened the hearing and, asked if anyone had any statements to make for or against the proposed adoption of Ordinance No. 712. The Clerk reported that no state- ments had been filed for or against the proposed adoption of Ordinance No. 712. Public Nearing Ord. On motion by Terry seconded by Lambert No. 712 Cont, until April 6 1959 inaccordance with the request of the Fire Chief that the -Public Hearing on proposed, Ordinance 7. 198 Page #8 - Minutes, March 16, 1959 No. 712, proposed to adopt by reference a Fire Prevention Code be continued until 8:00 o'clock P.M. of Monday, April 6th, 1959, be approved. Motion carried. Volunteers of On motion by Terry seconded by Waite America to Solicit the request of Volunteers of America for permission to solicit and collect repairable furniture and household discards and bric-a-brac in the City of Hunt- ington Beach be granted. Motion carried. Sealed Bids -- The Clerk read Notice inviting Sealed Sandblasting & Painting exterior - Bids published in the Huntington Pavalon Bld . Beach News March the 5th, 1959, covering proposals for the Sandblasting and painting of the exterior surfaces of the Pavalon Building, in the City of Huntington Beach and that the following bide were opened and read: Karl Lambert Company, total contract price .......$ 29985.00 Gano F. Culwell Corp. " " " ......0 2,184.00 .Aaron D. Green " " " ....... 49065.00 J. P. Carroll Co. " " " ....... 2,289.00 Philip Wareham Co. " 'r " ....... 1,434.DO Williams Waterproofing Co. " " ....... 3,432.00 .Larco Painting Co. " " " ....... 39310.00 Albert D. Van Calligan " " " ....... 1,839.00 Brander D. Castle Brander D. Castle, purchasing agent Purchasing Agent of the City informed the City Council that in as much as the low -bidder was considerably under the $2,000.00 and the Purchasing Ordinance procedure of the City, permits purchase order to be written to cover the proposed work and requested that in the event the low bidder could qualify doing the work for the price or slight adjustment, as it appears the overhang and woodwork painting portion of the specifications by the low bidder was not included and that with a slight adjustment the bid is still the lowest, permission be given to issue a purchase order to the law bidder for the exterior painting of the Pavalon Bldg. On motion by Terry esoonded by Waite 14! Page #9 - Minutes, March 169 1959 E the matter of the bid of the low bidder on the exterior painting of the Pavalon Bldg. be referred to the City Enginee'r and the Purchasing Agent and find that the loW bidder can qualify to do the work in accordance with the plans and specifications and adjustment in the bid would still be below the next lowest bidder to issue a Purchase Order for the works, be approved. Motion carried. let Reading The Clerk gave the first reading Ord. #713 - Card Games of Ordinance No. 713, in full, An Ordinance of the City of Huntington Beach adding new Sections to the Huntington Beach Ordinance Code relating to card games. Public Hearing - Mayor` Irby a ouneed that a hear - abandonment of portion of easement ing was set for 8:30 o'clock P.M. and requested the Clerk to read the legal notice. The Clerk read the legal notice published in the Huntington Beach Dews, March the 5th and March the 12th, 1959, calling for a PublicHearing on the proposed abandonment of a portion of an easement in the City running through a portion of Block "A", Tract No. 528, an easement further described as: That certain easement situated in Block "A", of Tract No. 528 running northerly from Wintereburg Avenue' through said Block "A" to the northerly boundary of Lot 5 and 69 which easement is further shown on a map thereof re- corded in Book 18, at Page 28, of Misc. Maps, Records of Orange County, California. and said Notice further gave.the time and place as being 8:30 o'clock P.M., on the 16th day of March, 19599 for a Public Hearing to be held in the Council Chambers, in the City Hall in the City of Huntington Beach. Mayor Irby opened the hearing on the proposed vacation of the easement and asked if anyone had any statement for or against the intention of vacating the easement. The Clerk reported that no state ments were filed for or against the proposed intent to vacate the easement. 9. 200 Par.e 41 r` I,T rch 16 , 55'3 There being no comments made verbally or written the Mayor declared the hearing closed. Reso. #1365 - The Clerk read Resolution No.1365, Vacate Portion of Easement- An order of the City Council of the Blk."A" Tr. 528 � City of Huntington Beach vacating a portion of an Easement in said City. On motion by Bryant seconded by Lambert Resolution No. 1365 was passed and adopted by the following roll call vote: AYES: Councilmen: Lambert, Bryant, Terry, Waite, Irby. NOES: Councilmen: None. ABSENT: Councilmen: None. Amend Ord. Code - On motion by Bryant seconded by Fire^ on Beach Lambert the City Attorney be instruct- ed to amend the Ordinance Code amending Chapter 75, Article 7529 Section 7523, to read as follows: Section 7523• Fires. No person shall light, kindle, set or ffiaintain any fire on any beach within the City limits, except within fire pits or fire rings regularly designated by signs as places where fires are permitted. Motion carried. 1st Reading - The Clerk gave the first reading of Ord. #714 Job Classifications Ordinance No. 714 in full, -An Ordin- ance of the City of Huntington Beach relating to job clAss- ification; amending Sections 1577.6 and 1577.8 of the Hunt- ington Beach Ordinance Code. Public Auction - On motion by Terry seconded by Waite TO #875 in accordance with the request of Don S. Mozley, the County Tax Collector, the City gives eon — sent to the sale at public auction the property listed under Te Sale #875, of the County Tax Collector, County of Orange, be approved. Motion carried. Inez I. Underhill The Clerk read offer received from & Co. -- Tax Lots 15-17-19, & SW Inez I. Underhill & Company, and 161 of 21, B1k.215 deposited check for $500.00 to cover bid which they wish to submit for Lots 15-17-19, and S.W. lb feet of Lot 21, in Block 215, in the City of Huntington 10. Page #11 - Minutes, March 16, 1959 201 Beach. Mayor Irby referred the offer of the Inez I. Underhill & Company to purchase Lots 15-17-19, and S.V. 16 feet of Lot 21, in Block 215, Tax Title lots, to a Committee of Councilmem Terry and Lambert for study and report. Calube, Inc. - Re: The Clerk read a letter transmitted violation of City laws by the Director of Building and Safety, Norman F. Wells, to the Calube Inc. informing the Company of the violations ih the construction of their facilities on Quincy Street adjacent to Alabama Avenue and advising them the plant will have to cease operations until all the conditions included in the notice be ecrrected and approval given by the Department of Industrial Safety and release is received from the Smog Contrnl Board. On motion by Lambert seconded by Waite the Director of Building and Safety for the City be instructed to enforce City haws and the Ordinance Code provisions covering the installation of the Calube, Inc. installations and report the progress on the correction and violations to the City Council at their next meeting, be approved. Motion carried. Calube, Inc. Re: License anplic. fee retux'ned On motion by Bryant seconded by Waite I the City Clerk -'be instructed to return the license application deposit Made by the Calube, Inc., for reasons of not having complied with the City laws and Ordinance Codes that are required, be approved. Motion carried. Brander D. Castle- On motion by Terry seconded by Purchasing Agent Civil Defense Lambert the City Purchasing Agent Brander D. Castle, be appoditt:e.d as the Purchasing Agent for Civil Defense and be responsible for the purchase order forms and records supplied by the Civil Defense,,agency for the State of California, be approved. Motion carried. 11. 02 Page #12 -- Minutes, March 16, 1959 Demands On motion by Waite seconded by Bryant the demands as approved by the Finance Committee be ordered paid. Motion carried. Garrish Bros. On motion by Bryant seconded by Terry purchase of bldg. & land the request of the Garrish Bros, to' denied purchase the building and land under lease from the {City be denied and the Clerk be instructed to notify the Garrish Bros. of the action. Motion carried. Angle parking - Councilman Wzkite reported on the prior Hartlund Ave. request for angle parking for resid- ents on Hartlund Avenue adjacent to Talbert Avenue and stated that he had discussed the matter with the City Engineer and the City Engineer Mated that it may not be legal to do,7so and Councilman Waite requested that the matter be checked by the City Attorney. Mayor Irby referred the request for angle parking on Hartlund Avenue adjacent to Talbert Avenue to the City Attorney for study and report. Chief Lifeguard On motion by Terry seconded by Bryant to lecture at San Bernardino the Chief Lifeguard be given permis-- High Seho_ol__ sion to go to the San Bernardino High School to give a lecture and show the film on lifeguard practice and train in, the City of Huntington Beach and reasonable expenses be allowed. Motion carried. On motion by Bryant seconded by Lambert the regular meeting of the City Council of the City of Hunt- ington Beach adjourn. 12 is a Page #13 _ Minutes, March 16, 1959 f Cit y Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor ATTEST: r Cit y Clerk 13.