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HomeMy WebLinkAbout1959-08-03330 MINUTES Council. Chamber, City Hall Huntington Beach, California Monday, August 3, 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.I.' Councilmen Present: Lambert, Bryant, Terry, Irby, Councilmen Absent: Waite. Mayor Irby appointed Councilman Lambert to the Finance Committee in the absence of Councilman Waite, Minutes On motion by Bryant seconded by Lambert the minutes of the meetings of the City Council for the meet.. in.g of July 6th, July 20th, and July 27th as transcribed and mailed by the City Clerk to the City Council, Department Heads and Boards be accepted and ordered filed. Motion carried. Monthly reports - The Clerk read the reports of the Department Heads for the month of July, 1959 as filed with the City Clerk, On motion by Terry seconded by Bryant the reports of the Department Heads for the month of July, 1959 as read by the City Clerk be accepted and ordered Piled, Motion carried, Business Ljcenj,3os On motion by Bryant seconded by Lambert the applications for licenses to conduct business in the City of Huntington Beach as approved by the Health Officer, Building Inspector, Chief of Police, Fire Chief -and Planning Director were granted as follows: Lon Davis, business of Live Bait Stand on the Huntington Beach Municipal Pier, John F. Schilpp, business of Photographing individuals on the City Beach, 1063 Ximeno Avenue, Long Beach 4, California. Trans -Western Construction Co,, business of General Build. ing Contractor, Wheel Tax, 8627 Beverly Blvd,, Los Angeles 48, California, Fred R. Powell, DBA as Neon. Enterprise, business of Neon repair & service, Wheel Tax, 420 - 31st Street, Newport Beach, California. Franz X. Birrer, business of Gardener & Landscaping, Wheel Tax, 8192 Chapman Avenue, Anaheim, California, 7 r :E •1, 331 Page #2 - Minutes, August 3, 1959 0 Federal Oil Co., business of Oil producers, Wheel Tax, 8612 Wilshire Blvd., Beverly Hills, California. Brake Delivery Servica, business of Trucking, Wheel Tax, 2633 So. Soto Street,.Los Angeles 23, California. Industrial Control System, business of light trucking, Wheel Tax, 5701 Compton Avenue, LosdAngeles, California. A`1 Fence Company, Inc., business of Fence Construction, Wheel Tax, 1721 W. 4th Street, Santa Ana, California. Ralph Norton, business of Plumbing, Wheel Tax, 8135 Calif- ornia, Whittier, California. S.E. Eaton, business of Cesspool & Sewer Service, Wheel Tax, 112 Del Mar Avenue, Costa Mesa, California, Model Glass Company, business of'Glass and Glazing, Wheel Tax, 1644 Superior Avenue, Costa Mesa, California. John F. Schilpp On motion by Bryant seconded by Business Application. derf2d_, Lambert the application for business license to conduct business in the City of Huntington Beach as read by the City Clerk be granted with the exception of the appl�eation-of John F. Sehijpp to take pictures on the beach for resale, be denied. Motion carried. Termination - On motion by Bryant seconded by Lambert Cleanup Bona - Palm Oil company the request of the Palm Oil Company for termination of the Seaboard Surety Company Cleanup Bond No. BLAR9856 for Well Tuck #1, located in Block 21039 East Side Villa Tract, having complied with Suction 2448.1 of the Huntington Beach Ordinance Code and the bonding company and the operator be notified of the bond termination, be approved, Motion carried. Termination -. On motion by Terry seconded by Bryant Drilling Fond, Vetoil Company the request of the Vetoil Company for termination of the Pacific Indemnity Company Drilling Bond No. 226050 for well Lepurin #1, located on Lots 1-3, Block 415, Huntington Beach Tract, having complied with Section 2427.3 of the Huntington Beach Ordinance Code and the bonding company and the operator be notified of the bond termination, be approved. Motion carried. AV #151 - The Clerk read a letter of transmittal George '.v eCracker from the Planning Commission relative to Area Variance #1S3, petitioner being George McCracken, 7361 Slater Avenue, Huntington Beach, California, for permis-. 2. 332 Page #3 - Minutes, August 3, 1959, sion to allow 4a 6 foot fence to be built An the front yard area -,of a M-1 zoned plumbing shop yard. Fence to be constructed of 3/4 inch plywood. Location the Northeast corner of Gothar°d Street and Slater -Avenue. Legal description being -the West 300 feet of South $5 feet of Southeast -j of Southeast - of -- Section 26, Townshi-p 5, Range 11, S,B.B, & M. That a public hearing was held by the Planning Commission on July 21st, 1959 to consider .the petitioners request after the required legal public notice was properly given prior to the hearing. With due consideration given to the petitioner and the general public, the following recommendation was made by the -Planning commission. A motion was made -by Stang seconded by Davis to recommend approval of AV#153 without conditions. Motion was carried by the following roll call vote: Ayes: Presson, Sork, Liles, Schryer, Stang, Davis, Chairman Bazil, Noes: None, Absent: None. on motion by Bryant seconded by Lambert in accordance with recommendations of the Planning Commission AV#153 be granted without conditions. Motion carried. UV#11a 7 .. The Clerk read letter of transmittal ROS C: LaFo,:�ja from the Huntington Beach Planning Commission relative to Conditional Exception W#157 filed by Boss LaFond, 1217 So. Evanwood Avenue, West Covina, California, to allow a single family dwelling on an irregularly shaped lot of 4189 square feet to be a legal building site. Location the Southwest corner of 13th Street and Main Street, Huntington Beach, California, legal description being Lots 1 and 2. Block 812, Wesley Park Tract, except the Southwest 65 feet thereof. The Planning Commission held a public hearing on July 21st, 1959 to consider the petitioner's request and the required legal public notice was properly given prior to the hearing and with due consideration given to the petitioner and the general public the Planning Commission passed a motion made by Stang seconded by Commissioner Liles to recommend to the City Council a denial 3• 333 Page #4 - Minutes, August 3, 1959- of L3V#157. Motion carried by the following roll-cal-1 votes: -Ayes: Presson, Sork, Liles, Schryer, Stang, Davis, Chairman Bazil, Noes: None, Absent: None, The Clerk read the petition.fi:led by .28 residents contiguous to the property of the petitioner re- questing the City Council to deny the granting of Conditional. Exception UV#157 for the following reasons: (1) The division of the property described was in direct violation of existing provisions of the H-1 zoning code. (2) The construction of a residence on the remanant of property described will deprive adjacent property owners .of their rights of privacy to which they are normally en- titled in an H-1 zone, (3) The existence of two sub -standard building sites adjac.. ent to each other, which this Conditional Exception would create, would result in a general devaluation of all property in the neighborhood, (4) The property described does not have normal access to the alley for rubbish disposal or utility connections which would require special front yard rubbish collection and/or - easements or right of entry, Attorney -at -Law L.W. Blodgett, Santa Ana, representing the peitioner presented a petition to the Clerk signed by 24 residents. residing in the general area of the petitioner's property requesting the granting of Conditional Exception W#157 for the following reasons: (1) The lot, as it is at present, has weeds and scrub Eucal_ yptus growing thereon. Therefore, a residence on this lot would be a credit to the neighborhood rather than a discredit. (2) There are two residences already built on 25' lots and. A thikd boas in the process of being built across'Main Street from said lot. Fifty feet South on fain Street is another legal building lot which has less square footage than the lot in question, However, building a residence on the lot in question will upgrade the neighborhood, This lot is absol- utely not sub -standard because of the above -mentioned 251 and 271 lots. (3) This property was divided in February of 1957, The ordinance of land division was not adopted until February of 1958. Therefore, this lot is legally divided. (4) An easement has been granted from this property to the alley, so it does have access to the alley for rubbish dis- posal and utility connections. (5) We property owners in this vicinity were well aware that this corner lot was divided for the purpose of building a residence thereon, and we have no objection to the eonstruction of a home on this lot, 4. 334 Page #5- Minutes, August 3, 1959, - Ati.rrnon-at-Lra% Attorney L.W. Blodgett pleaded the case, of the_ applicant and gave rea.. sons quoting Section 9301 of the Huntington Bejxch Ordinance Code which gives applicant the right to build one additional dwelling on the front part of the lot. Aaym.ond :a Raymond Walker addressed the City Council and stated that he built the home next to the proper- ty in question and stated that he purchased and built his home with the understanding that the area Mould be maintained as a single resident zoned area, and further pointed out that Attorney Blodgett was in error, that the house was built after the present effective Ordinance 495 was adopted and therefore was not applicable to the present situation. -and asked the Council to deny UV#157 and up hold the zoning in the area. Leonard Aavensaroft, Mr, Doutt, J, Steidinger, and John Fairbanks all residents in the area appeared before the City Council and requested the Use Var- iance be denied. - UaLte Stcdd rr.b-er Jake Steidinger addressed the City Council and opposed the application to build a house on the front part of the lot and requested the City Council to up.. hold the 8-1 zoning as recommended by the Planning Commission. Tory N.;� Tom Neeld addressed the City Council also opposing the granting of W#157■ C i tit A ae.� Bauer City Attorney Bauer explained to the City Council and those present the status of the Use Variance request and pointed out.that the division of the lot was made after Ordinance No, 495 and as amended was in effect, and that a Variance was the vehicle to be used by the applicant for permission to build an indivisional structure on the parcel of property as described and it was within the discre- tion of the City Council as to the granting or denial of the Conditional Exception Use Variance as acted on by the Plannini Commission, 5. - 335 Page #6 -Minutes, August 3, 1?59. W#l!Z - denied On motion by Terry seconded by Bryant the City,Council of thq City of Huntington Beach in accord - with the recommendations of the City Planning Commis,. sign deny Conditional Exception UV#157 to allow a single family dwelling on the irregular shaped lot of 4189 square feet to be a legal building site was approved by -the follow- ing roll call vote: AYES: Councilmen: Lambert, Bryant, Terry, Irby. NOES: Councilmen: None. ABSENT: Councilmen: Waite. UV#159 - The Clerk read a letter of transmittal Har 1d Harris from the Huntington Beach Planning Commission relative to Conditional Exception Use Variance ,#159 petitioner being Harold Harris, 1842 Park Street, Hunt- ington Beach, California* to allow a two-story apartment on a lot 54' by 127',-present zoning E-2. Five units on ground level and five units above. Location being the North- west corner of Hartford and Delaware Avenue, Huntington Beach, California, legal description Lots..l and 2. Block 804, Vista Del Mar Tract, Pursuant to the Conservation and Planning -Law of the State Government Code the Planning Commission held a public hearing on July 21st, 1959 to consider the petition- er's request and the required legal public notice was pro- perly given prior to the hearing. After due consideration given to the petitioner and the general public the Planning Commission ona motion by Schryer seconded by Presson recom- mend to the City Council denial of,Conditional Exception - UV#159. Motion carried by the f ollowixxg roll call votes Ayes: Presson, Sark, Liles, Sc4ryer, Stang, Davis, Chairman t Bazil. Noes: None.. _ Absent: None. Edward C. Wattree, Ed Cronin, Mrs. Coplin, and John Henricksen addressed the City Council and opposed the granting of Conditional Exception UV#159 as requested by Harold Harris to permit 10 units or a two-story apartment to be constructed on a lot 54' by 127' in an x-2 6. 336 Page #7 - Minutes, August, 1959- zone and all requested that the zoning be upheld in order to avoid creating a parking problem in the general area. On motion by..Terry seconded by Bryant according to the recommendations of the Planning Commission of the City of Huntington Beach Conditional Exception UV#159 be denied. Motion carried by the following roll call vote: AYES: Councilmen: Lambert, Bryant, Terry, Irby. NOES: Councilmen:: done, ABSENT: Councilmen: Waite. BeQ ;ss Mayor - Irby ordered a recess at 9:00 o'clock P.M. o'clock P.M. Oil: &ndr` 3!. T,e.a6e F & k ProduCtion The City Council reconvened at 9t20 The Clerk read an Amendment to Oil and (has Lease between the City of Huntington Beach, a municipal corporation and E & E Production, a co -partnership, whereby er certain oil and gas lease was made ,and entered into under date of August 6, 1956 by and between the City of Huntington Beach, a municipal corporation, as' lessor and W.M. Crissman, Harry Hunter and A.H. Treater, as lessee, whereby the term of said lease be changed from a per- -Iod of five (5) years from and after the date and thereafter as long as oil and gas, casing head gas or other hydrocarbons Is produced therefrom or drilling operation conducted thereon, to be amended to read to have and to hold the same for a term of five (5) years from and after the date hereof as so long as thereafter as oil and gas, casing head gas or other hydrocarbons, or either any of them, be produced therefrom or drilling oper- ations are conducted thereon, or,lessee-is excused therefrom under terms hereof, provided, however, that notwlthstanding any other provision of this lease, the term shall not exceed the maximum length of time for which lessor has a legal right and power to execute a lease as lessor, and lease be amended to read: That no further assignment of this lease shall be binding upon.the lessor until and unless a certified copy of 7. 337 Page #8 _ Minutes, August 3, 1959 such assignment, together with the address of which all notices.provided for in this lease may be served upon the assignee, is delivered to the lessor herein, On motion by Bryant seconded by Lambert the Mayor and the City Clerk be authorized to execute on behalf of the City the Amendment to Oil and Gas Luse between the City of Huntington. Beach and E & E Production, a co- partnership, whereby the terms of a certain Oil and Gas Lease made and entered into under date of.August 6, 1956 by and between the City of Huntington Beach as lessor, and W.M. Crissman, Harry Hunter and A.H. Treater as lessee. -be changed.. Motion carried. S.S. Point :ieyes to The Clerk read the request. received.�from use Pier Facilities Paul D.�Belous requesting the City Council to permit crew members of the 4.3. Point Reyes, an American Ship, under U.S. Registry,on coast wide trade be allowed to use the facilities of the Huntington Beach Pier so that personnel from the ship may land in order to go ashore to visit their.xives and families. Mayor Irby referred.the request of Paul D. Belous for use of the_ Municipal Pier to disembark personnel from the S,S. Point Reyes, to the Beach and Pier Committee and the City Clerk to contact the Pacific Indem- nity Company, the City's Insurance carrier, asto the City's position. Shrubs removed.-. On motion by Lambert seconded by Bryant Main Street in accordance with the request of the Chief of Police that the shrubs -In the parkway on Main Street located between Clay and Mansion Avenue in accordance with the sketch submitted by the Chief, be removed to correct the view obstructions caused by the shrubs at the approaches to both of said intersections within the parkway of Main Street, be approved, Motion carried, Degaanls On motion'by Bryant seconded by Lambert the demands as approved by the Finance Committee be ordered paid. Motion carried. ,N r2 338 Page #9 . Minutes, AUgllst 3, 1.959 Agreement - The Clerk read an Agreement between Love y-Ovarmyer the City of Huntington Beach and Lowry -Overmyer and Associates, Inc., a corporation, providing for the engineering work and the services to prepare the plans and specifications for the construction of a reservoir and a pump station. [Fn motion by Lambert seconded by Bryant the Mayor and the City Clerk be authorized to execute on behalf bf the City the Agreement between the City of Hunt- ington Beach and Lowry -Overmyer and Associates, Inc,, a cor- i poratton, to provide for 'the engineering work alid servicesto prepare the plans and specifications for the construction of a reservoir and a pump station, be approved, Motion carried, The Clerk read a supplementary letter from Lowry -Overmyer and Associates, Inc., supplementing tb it letter of July 25, 1959 to James Wheeler, City Engineer, rela.. tive to furnishing engineering services for a master sewer I)lan and other services in connection with sewer facilities in the City of Huntington Beach and submitted the following: 19 All work under items 1, 2 and 3 of the proposal shall be undertaken only upon the written order by the City Engineer. ' ' 2, Items 2 and 3 of the proposal shall be subject to review, modifications or cancellation should future conditions warrant such changes in the -engineering services set forth in the proposal. Z-Ltlz —At F ox—n, ?u City Attorney Bauer addressed the City Council relative to the supplementary letter from Lowry - Overmyer and Associates, Inc., relative to furnishing engi� nearing services for master sewer plan and other services in connection with more sewer facilities in the City and pointed out that it would be feasible for the City Council to order. work done on that matter by minute resolution and thereby leaving the engineering open to bid.if necessary instead of going into a binding agreement. Bid te Tractor On motion by Lambert seconded by Bryant the City Purchasing Agent be authorized to receive r 9. 339 Page # 10 - Minutes, AuguF L bids for a beach tractor in accordance with specifications of the City Engineer, be approved. Motion carried, City Engr. - The Clerk read a letter filed by the Report on Streets and Pa ks L t,_ City Engineer reporting to the City Council the quality and size of the present work farce of the Streets and Parks Department in order to satisfy the complaints and criticism of the time lag in handling report- ed street and alley repairs and that he feels that it is time to review the organization personnel and equipment requirements for public works function and -without some immediate consideration and action in this regard that they will continue to offer sub -standard services''to the resid- ents of the City„ Fuel gas 2.1ne _ On motion by Bryant seconded by Lambert 1,zarf Ield and Hunt a) -Eton _ _ , _ the City Council approve the estimated cost for relocating the fuel gas line across the property at the corner of Garfield Street and Hntington Avenue on which the City is negotiating to purchase from the Huntington Beach Company and said cost estimated to be $1800.00 and for the Standard Oil Company of California to prepare and forward the necessary contract to cover the relocation of the line, be approved. Motion carried. Ord, No, 72Q The Clerk gave Ordinance No, 725, an first rea4l Job Gl�sri.firc�tio s Ordinance of the City of Huntington Beach relating to Job Classification; amending Sections 1577.32 and 1577,4 of the Huntington Beach Ordinance Code, Its first reading in full. Cite Attorney to On motion by Terry seconded by Lambert amend Join Classifi- cation 0 dlnanc� t!� _ the City Attorney be instructed to amend the ordinance code to make the following changes in the job classifications and authorized number of personnel, Delete section 1591.28 - Grader Operator Add section 1591,281 - Heavy Equipment Operator Range 32 Delete section 1591,19 - Equipment Mechanic Delete section 1591.382 - Mechanic's Helper 10. 340 .J - Minutes, Az guc '',' 19 g. Add section 1591..383 - Mechanic I - Range 28 Add section 1591..384 - Mechanic II - Range 30 Add section 1591,385 - Mechanic III _ Range 32 Motion carried. Chief o`' Pc�w-y,tr� .. On motion by Bryant seconded by TT -. on.°e Terry the request of the Chief of Police to attend the California League of Cities Sixty First Annual Conference in San Francisco to be held on October 18th through the 21st inclusive, and to be permitted reasonable travel and lodging expenses, be approved. Motion carried. Paot'-F' c Flectric On motion by Lambert seconded by Ra i1.wt y Compazay A rr.�Isa:i Bryant in accordance with the letter submitted by the Pacific Electric Railway Company, Southern Pacific Company relative to Sando and Goode appraisal on the right of way negotiations fbr settlement between the Pacific Electric Railway and the Highway Division of the State of California and the actual proration of expenses to the City of the appraisal amounted to $596,50 rather than $580,50 as previously quoted, be accepted and approved. Motion carried. Hahn, W Ls c & Bartz:.„ The Clerk read the acknowledgment c know! edgjncnt of caner-- aLL1 orl of cancellation of the contract between the City of Huntington Beach, and Hahn, Wise and Barber, Planning Consultants, to be effective August 1, 1959. ra, l l f cr'.O ri " 4a to The Clerk read the letter received of Hi h;VLYB from the Division. of Highways, State of California, Department of Public works addressed to the CityEngineer informing the City to cooperate to the extent that the City will exclude the portion required for Freeway purposes in leasing considerations pending appraisal and acq- uisition by the State of the area of the City property located at the northwest corner of the intersection of Highway 101 and Huntington Beach Boulevard and the State reporting that it appears that it will not be scheduled for construction until sometime after 1962. 341 Fake: //1.2 - Minu..-ens , Auwust 3, 1959 Procurement of On motion by Lambert seconded by Administrative Officer Bryant the City Clerk be instructed to request the California cooperative Services to start procurement of an Administrative Officer as expediently as possible, was approved by the following roll call vote: AYES: Councilmen: Lambert, Bryant, Irby, NOES: Councilmen: Terry. . ABSENT: Councilmen: Waite, Ord. Cody: amended On motion by Bryant seconded by re _ Chief of Police Lambert in accordance with the re- quest of the, -Chief of Police the City Attorney be instructed to amend the necessary Ordinance Code of the City of Hunt- ington Beach to remove the responsibilities of the Chief of Police of the City of the duties of City Collector, License Inspector, and Tax Collector, be approved, Motion carried, Unfired. Outdoor On motion by Terry seconded by Adve;rtisir denied Lambert the request of the United Outdoor Advertising for permission to erect a sign on the City Property adjacent to the northwest corner of Highway #39 and Highway #101, be denied, Motion carried, On motion by Bryant -seconded by Lambert the City Council of the City of Huntington Beach ' adjourned, ty Clerk'and ex-officio Clerk of the City Council of the City of Huntington Beach, California f hY Mayor ATTEST: City Clerk 12,