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HomeMy WebLinkAbout1960-05-161 8 MINUTES Council�Chamber, City Hall Huntington Beach, California Monday, May 16, 1960 Mayor Gisler called the regular meeting of the City Council to order at 7:30 o'clock P.M. Councilmen Present: Wells, Lambert, Stewart, Waite, Gisler. Councilmen Absent: None. Pledge of Allegiance was given by all present in the Chamber, and followed by an invocation given by Rev. Robinson of Huntington Beach Foursquare Church. Monthly Reports Report of the Police Department for the month of April, 1960, was read by the Clerk. On motion by Lambert, seconded by Stewart, the report was received and filed. Motion carried. VFW Post 7368 - Re: A communication from the Veterans of Poppy Sale Foreign Wars Post No. 7368 requesting permission to conduct their annual sale of VFW Buddy Poppys on May 20th and 21st was read by the Clerk. Oft a motion by Wells, seconded by Lambert, permission was granted the Veterans of Foreign Wars Post No. 7368 to conduct the poppy sale on May 20th and 21st, 1960. Motion carried. VFW Post #7368 - Re: A communication from the Veterans of Invitation to Memorial Day Service Foreign Wars Post No. 7368 inviting the Mayor and members of the Council to attend their Memorial Day program; also requesting the Council to instruct the city departments to assist their committee in setting up chairs, etc. On a motion by Stewart, seconded by Waite, City Department Heads were instructed to' cooperate with the V F W committee in preparing for the Memorial Day program. Motion carried. HBUHS - PTA - Re: A communication from the Huntington Use of Memorial Hall Beach Union High School Parent and Teacher Association requesting the use of Memorial Hall on the night of June 16, 1960 for an all night Graduation Party, -1- f 86 Fage #2 - Minutes, May 16, 1960 and the waiver of usual chargeg in connection therewith. On a motion by Lambert, seconded by Stewart, the Huntington Beach Union High School Parent and Teacher Association was granted use of Memorial Hall on the night of June 16, 1960 for an all night Graduation Party with charges waived. Motion carried. HBITHS Trustees - Re: A communication from the Huntington Meeting; for development of recreation Beach Union High School District Board of Trustees suggesting that various agencies interested in developement of recreational programs meet in the Board Room of the district on Thursday, May 26th, at 7:30 P.M. to discuss use of all available facilities. On motion by Wells, seconded by Lambert, Council approved the meeting to be attended by any Councilmen who so desire. Motion carried. Rex Oil Co. - Re: A communication from Overton, Lyman Offer to purchase City Property and Prince, Attorneys representing Rex Oil Co., making an offer of $500.00 for Lots 7 and 8 in Block E of Garfield Street Addition to the City of Huntington Beach was read by the Clerk. On a motion by Stewart, seconded by Waite, the City Administrator together with the City Attorney were authorized to meet xwith representatives of Rex Oil Company to extend an offer to lease this property to thee. motion carried. H.B. Emblem Club - A communication was read by the Clerk, Re: Request to operate concession Jules 4th from the Huntington Beach Emblem Club requesting permission to operate a Food Stand on the parking lot of the Smith Mortuary on .July 4, 1960. On a motion by Wells, seconded by Lambert, the request of the Huntington Beach Emblem Club was approved. Roll call vote: AYES: Councilmen: Wells, Lambert, Stewart, Waite, Gisler. NOES: Councilmen: None. ABSENT: Councilmen: None. Motion carried. -2- 18'7 Page #3 - Minutes, May 16, 1950 Council held considerable discussion P' on the manner of handling additional requests which would be forthcoming for stands and concessions along the parade mute on the 4th of July. Mr. Gallienne of the Huntington Beach Chamber of Commerce addressed the Council and suggested that all requests received be rev4ewed by the City Administrator and granted later by action of Council on his recommendation. A motion was made by Stewart, seconded j by Waite, that the City Administrator be authorized to receive and present to Council any future requests by non-profit organ- I izations for selling of merchandise on the 4th of July. Motion carried. L.R. Peterson & A communication from Mr. L. R. Peter- W. U.. Jones .- Re: Request for trampoline son and Mr. W. U. Jones of Huntington concession Beach requesting consideration in the awarding of a trampoline concession or any other type of beach concession was read by the Clerk. A motion was .made by Waite, seconded by Lambert that the request be turned over to the City Admin- istrator. Motion carried. Business Licenses The Clerk presented applications for business license to conduct business in the City of Huntington Beach as approved by the Health Officer, Planning Director, Chief of Police, Fire Chief, and the Building and Safety Dir- ector. On a motion by Stewart seconded by Waite, the applications for business license to conduct busi- ness in the City of Huntington Beach a0resented by the Clerk and approved by the Departments required were granted as follows: Motion carried. William Beili.ni, business of Dry Cleaning Agency at 421 Main Street, City. H. L. & Mary Goodacre, business of Furniture Store at 115 Main Street, City. Trurun, Inc., business of Machine Shop, at 1980 Lake Avenue, City. -3- 88 Page -,''J4 - Minutes, May 16, 1960 Holden, Holden & Freeman, business of Surf Board Manufacturing, at 17443 Beach Blvd., City. Huntington Shores Motel, business of Motel at 21002 Ocean Avenue, City. W. L. Swinson, business of Sewer Contractor, Wheel Tax, of 11951 Magnolia, Garden Grove, Calif. Central Cabinet Company, Inc., business of building & Installing cabinets, Wheel Tax, of 2416 N. Rosemead Blvd., E1 Monte, Calif. Marine Glass Company, business of Glass & Glazing, Wheel Tax, of 1335 Magnolia Avenue, Long Beach, Calif. . James A. Moran Construction, Inc., business of Drainage Construct- ion, Wheel Tax, of -1202 E. Washington, Santa Ana, California. Orco Equipment Rental, business of Construction Equipment Rental, Wheel Tax, of 3526 W. Westminster Avenue, Santa Ana, Calif. Board & Crockett Plumbing Company, business of Plumbing Contractor, Wheel Tax, of 12361 Eveningside Dr., Santa Ana, Calif. Vent Vue Window Products Co., Inc., business of Delivery Service, Wheel Tax, of 336 So. Avenue 16, Los Angeles 31, Calif. Cal -Pacific Downey, business of Delivery of Materials, Wheel Tax, of 7105 E. Firestone Blvd., Downey, Calif. Bittle & Son's Roofing Service, business of Roofing Contractor, Wheel Tax, of 6891 Crescent, Buena Park, Calif. George M. Raymond Company, business of Lathing and Plastering Contractor, Wheel Tax, of 125 E. Whittier Blvd., Montebello, Calif. Balboa Glass Company, business of Glazing, Wheel Tax, of 2436 W. Coast Highway, Newport Beach,Calif. Dean Carter, business of Electrical Contractor, Wheel Tax, of 800 No. 2nd Street, Colton, Calif. Fair Tire Company, business of Tire Service, Wheel Tax, of 12471 West 17th Street, Santa Ana, Calif. Hartgrvves.& Wehren Inc., business of General Contractor, Wheel Tax, of 12728 Orilla, Downey, Calif. Baker Boy Bakeries, Inc., business of Delivery of Bakery Products, Wheel Tax, of 1234 So. Lorena, Los Angeles 23, Calif. Superior Paving Company, Inc., business of Asphalt Paving, Wheel Tax, of 3752 Cerritos Avenue, Los Alamitos, Calif. "C" McGee Electric Inc., business of Electrical Contractor, Wheel Tax, of 1566 W. Holt Avenue, Pomona, Calif. Alfred Glenn Alcock, business of Electrical Contractor, Wheel Tax, of 3152 Sicily Ave., Costa.Mesa, California. Climate Conditioning Co., business of Air Conditioning System Installation, Wheel Tax, 10579 Dale Avenue, Stanton, Calif. Builders Maintenance Company, business of Painting Contractor, Wheel Tax, of 7821 - 19th Street, Westminster, Calif. Redwood Tropical Greenhouses, business of Wholesale Tropical Plants, Wheel Tax, of 17241 Elm Street, City. - 4- Page #5 - Minutes, May 16, 1960 City Collector - Re: A communication from W. M. Clegg, Appointment Dep. City Collector City Collector, requesting appoint - went of Lois A. Kitts as Deputy City Collector was read by the Clerk. On motion by Lambert, seconded by Wells, Mrs. Lois A. Kitts was appointed as Deputy City C61lector Motion carried. City Clerk -- Re: A communication from Paul C. Jones, Appointment Deputy City Clerk City Clerk, requesting appointment of Mrs. Helen Axton as Deputy City Clerk was read by the Clerk. On motion by Wells, seconded by - Stewart, Mrs. Helen Axton was appointed as Deputy City Clerk. Motion carried. Transmittal - H.B. The Clerk read letter of transmittal P1ann. Comm. Re: Tract Map 0431 received from the Huntington Beach Planning Commission to the Honorable City Council, relative to Final.Adoption of Tract Map No. 3431, submitting final form of Tract Map No. 3431, Developer, Romark Homes, Inc. and Minster Homes, Inc., Engineer, Millet & King Assoc. of 201 So. Pomona Avenue, Fullerton, California, location of tract, SW corner of Newland Street and Wintersburg Avenue. Legal description, being a subdivision of the W z of the SW of the SE k of Section 24, T.S.S., R.11.W., SBB & M., in Rancho Las Bolsas, Number of Lots 75, total acreage 20.00, and that the map has been certified by the City Engineer and the Planning Director to be true and correct in accordance with the Tentative Tract Map and in accordance with provisions of the City Subdivision Code. The City Council may accept dedications as shown on the map and in addition approve the final nfap subject to the following conditions: The City Clerk's signature shall be witheld pending the submittal and completion of the enumerated requirements: 1. Agreement between Orange County Flood Control District and Subdivider. -5- 190 Page #6 - Minutes, May 16, 1960 2. Agreement between City and Subdivider. 3. Payment of fees, certification of liability insurance. Approve Final Map On motion by Wells, seconded by Stewart, Tract No. 3431 Final Tract Map No. 3431 be approved subject to the conditions as recommended by the Planning Commission and read by the City Clerk, be approved. Motion carried. Tract Map #3563 The Clerk read letter of transmittal received from the Huntington Beach Planning Commission to the Honorable City Council, relative to Final Adoption of Tract Map No. 3563, submitting final form of Tract Map No. 3563, Developer, Griswold & Sons, Engineer, National Engineering Company of 15722 Abbey Street, City of Industry, California, location of track, 1000 feet west of Beach Boulevard, and north of Ellis Avenue; with Huntington Avenue and Delaware Avenue extending into the Tract. Legal description being a portion of Lots 2 & 3, Tract 72 M.M 19-71 & A. Portion of NE k Sec. 35, T.5.S., R.11.W., S.BB. & M. Number of Lots 135, total acreage 29.6 * Acres, and that the map has.been certified by the City Engineer and the Planning Director to be true and correct in accordance with the Tentative Tract Map and -in accordance with provisions of the City Subdivision Code. The City Council may accept dedications as shown on the map and in addition approve.the final map subject to the following conditions: The City Clerk's signature shall be witheld pending the submittal and completion of the following requirements: 1. Deposit of fees for water, sewer, engineering, and inspection. 2. Bond for improvements. 3. Signature of agreements. 4. Approved bonds posted for required , offside culvert improvements. On motion by Waite, seconded by Stewart, Final Tract Map No. 3563 be approved subject to the conditions as recommended by the Planning Commission and read by the City Clerk, be approved. Motion carried. Page #7 - Minutes, May 16, 1960 Public_ Hearin; - Re: At $:00 o'clock P.M. a public Ka co Oil Co:___62peal hearing was held to receive protests on a decision of the Fire Chief, D. G. Higgins, denying the property owners permission to install one flat 250 steel bolted barrel for storage and 100 steel bolted barrel tank for a wash tank on property described as Lot 17 Block 108 in the City of Huntington Beach, County of Orange, State of California. Fire Chief D.G.Higgins Fire Chief D. G. Higgins addressed the Council, explaining his reasons for refusing to approve the permit for installing tanks on this property as follows: 1. That there was not sufficient property in the parcel to permit the installation of the tanks and comply with the requirement. of Section 15202 of the Fire Prevention Code pertaining to setback from property lines. 2. That the requirements of the Fire Prevention Code of the City of Huntington Beach are only the minimum requirements for safety, and in the storage of crude oil, which has boilover characteristics, the minimum requirements are not enough. 3. Section 7 on modifications states "That the Fire Chief may modify the provisions of the Code where there are practical difficulties in the way of carrying out the Spirit of the Code, provided the Spirit of the Code shall be observed, public safety secured,and sub- stantial justice done." The Fire Chief stated that it is his opinion and finding that the installation of a crude oil tank or tanks at this location would not secure public safety but would rather greatly endanger public safety in all the area surrounding the lease. Mrs. Carl Fulton Mfrs. Carl. Fulton of 123 Eighth Street, Huntington Beach addressed the Council, stating that she was speaking for herself and others in attendance whose property bordered or was near the property under discussion. Mrs. Fulton said -7- Page #8 - Minutes, May 16, 1960 they were all opposed to the granting of permission to install the tanks and hoped the Council would uphold the decision of the Fire Chief. Mr. Jake Steidinger Mr. Jake Steidinger of 811 Twelfth Street addressed the Council and said he was appearing in behalf of Mr. & Mrs. Mosteller of 115 Eighth Street, Huntington Beach, who were definitely opposed to granting permission to install the tanks and reopen the well. Mr. Victor Xa oleon Mr. Victor Napoleon addressed the Council, informing them that he owned property in the immediate vicinity of the property under discussion, and stating that he was opposed to granting permission to install the tanks. Mr. Robert L. Krause Mr. Robert E. Krause, an Attorney appearing in behalf of the appellant, Mr. Marry Kayajanian, addressed the ;Council and informed them that the well has not been abandoned, and requested that permission be granted to install.the tanks on the property, protected by adequate fire walls. He also maintained that the ordinance providing for set back was passed after the original drilling of the well and does not apply. Oity Attly Bauer City Attorney C. A. Bauer told the Council that he was in disagreement with Attorney Krause on the authority V of the City Council to pass a regulatory ordinance. He stated that this was an exercise of the police power of the Council for the preservation of the health and safety and welfare of the people of the City of Huntington Beach, and it was the duty of the City Council to look out for their protection. He further stated that the fact that the ordinance was published subsequent to the time the oil company originally started was not, in his opinion, of any particular consequence in the matter. Mr. Richard G. Wilson Mr. Richard G. Filson, Attorney repre- senting the landowners of the property under discussion addressed the Council and.said his clients were interested only in being given the right to redrill the well and to store oil in a safe manner, and that the appellants were willing to agree to any 1 93 Page #9 - Minutes, May Lb, 1960 reasonable request the Fire Chief has. Councilman wells Councilman Wells at this point asked Mr. Kayajanian whether he had filed a notice of intention with the Division of (ail and Gas, and received a response that hghad not. Wells then asked the operator just what his inten- tions were in the reworking of the well - whether he intended to drill deeper. Mr. Kayajanian responded that they intend to go into the well, clean it nut, do some remedial work and put it on production, and in the course of this, it might be necessary to go a few feet, plus or minus, deeper. Councilman Lambert Councilman Lambert then asked Mr. Krause whether it was true that the tanks had been removed prior to his client's taking over the property and received a positive reply. Also was told that it had been done prior to the passing of the Fire Prevention Ordinance. Councilman Waite Councilman Waite asked Mr. Krause whether the equipment which might be used in redrilling could be contained within the property bounds and received a reply that it could. City Administrator City Administrator informed the Council that the legislation which is now in effect within the corporate limits of Huntington Beach is a minimum fire code, and that in matters of administration of any legisla- tion of this type, these denials will be forthcoming. Also that if there is any waiver of these requirements granted it must be done so by the City Council. Recess Mayor Gisler called a recess of the Council at 8:28 P.M. Reconvened Council was reconvened by Mayor Gisler at 8:40 P.M. Immediately following resumption of business by the Council, Mayor Gisler declared the hearing closed. 1A Page #10 - Minutes, May 16, 1960 On a motion by Stewart, seconded by Waite, that the City Council uphold Chief Higgins in the decis- ion that he has rendered in disallowing the oil tanks to be installed at this location. Motion carried. Free Herman - Ise: The City Administrator informed the Reruest to purchase lots Council that a gentleman in the aud- ience, Mr. Fred Herman, wished to speak before thgCouncil. ICr. Fred C. Hersian Mr. Fred C. Herman, 408 Fifteenth Street, Huntington Beach addressed the Council, informing them of a situation whereby he had purchased from the!C ity two lots with clear title, with the understanding that he would be permitted to purchase two adjoining lots as soon as the title was cleared. That he built half of an anticipated court on the two lots which were clear, building on the line of these lots or possibly projecting over on one of the other lots by an inch or two. That he has tried at different times during the pit fifteen years to purchase the lots but -because of restrict- ions on the title he has been unable to do so. Requested that the City give him a quit claim deed on the two lots that he might begin paying taxes on them and eventually claim them in seven years on grant of title. City Attu, Bauer City Attorney Bauer informed the Council that he had made some inquiry into the matter when it was presented a few years ago, and found that the records which the city has does not entirely bear out Mr. Herman's assertion, and that at that time the Orange County Title Company had informed him the title on the property was clear. After further discussion on the matter, a motion was madgby Stewart, seconded by Wells, that the matter be turned over to the City Administrator and the City Attorney for investigation and report to the Council in the near future. Motion carried. Public hearing - Re: At 8:56 P.M. Mayor Gisler opened a Term. of drilling bonds public hearing for the purpose of considering the request for the termination and cancellation of _10- `nn`, 1 ,'11 5 Page #11 - Minutes, May 16, 1960 drilling bonds as published in the Huntington Beach News May 5th, 1960, and as provided for in Section 2427.4 of the Huntington Beach Ordinance Code on a producing well located 510 feet east and 200 feet north of the south quarter corner of Section 18, Township 6 South, Rangel0 West, S.B.B. & M. The Clerk reported that there were no verbal or written protests filed for or against the term- ination of the bond. There being no oral or written pro- tests filed, the Mayor declared the hearing closed. On motion by Stewart, seconded by Waite, the request by the U-Tex Oil Company for termination of their drilling bond on their well Little #3 in accordance with Section 2427.4 of the Huntington Beach Ordinance Code be approved and the owner notified. Motion carried by the following roll call vote: AYES: Councilmen: Wells, Lambert, Htewart, Waite, Gisler. NOES: Councilmen: None. ABSENT: Councilmen: None. Public Hearing - Mayor Gisler announced that 8:30 Res.295 Plann. Comm. o'clock P.M. on this day was the date set for the Public Hearing on Resolution No. 95 of the City Planning Commission and requested the City Clerk to read the Legal notice. The Clerk read notice of Resolution No. 95 as published in the Huntington Beach News May 5, 1960, setting a hearing for 8:30 o'clock P.M. on Monday the 16th day of May, 1960, for the purpose of considering a revision in the Master Plan ofg treets and Highways 1957-58. Plann. Dir. Tripp_ City Planning Director Clifford Trippl pointed out the areas on the map which would be affected by the revision. The Clerk reported that there were no verbal or written protests filed for or against Resolution No. 95 of the Planning Commission. -11- 1196 Page #12 Minutes, May 16, 1960 There being no protests filed oral or written the Mayor declared the hearing closed. On motion by Waite, seconded by Stewart, Resolution No. 95 of the City Planning Commission was appbved a resolution and the City Attorney instructed to prepare/for adoption. Motion carried. Public Hearingg Mayor Gisler announced that 8:35 o'clock Zone Case. 11.04 P.M. on this day was the date set for the Public hearing on Zone Case No. 104 and requested the City Clerk to read the legal notice. The Clerk read notice of Hearing on Zone Case No. 104 as published in the Huntington Beach News May 5th, 1960, setting a hearing for 8:35 o'clock P.M. on Monday the 16th day of May, 1960, for the purpose of consider- ing a petition for change,of zone relative to proposed change of district zoning from A-1 to R-1 in a 60 acre triangle bounded by the P.E. Tracks, Heil Avenue westerly of Beach Boulevard, and the Orange County Flood Control Channel C-5. The Clerk reported that there were do verbal or written protests filed for or against Zone Case No. 104. Their being no protests filed oral or written the Mayor declared the hearing closed. A motion by Lambert, seconded by Wells, that the City Attorney be instructed to prepare an ordinance to rezone the area in Zone Case No. 104 to R-1. Motion carried. Tract -Map J3744 The Clerk read letter of transmittal received from the Huntington Beach Planning Commission to the Honorable City Council, relative to Final Adoption of Tract Map No. 3744, submitting final form of Tract Map No. 3744, Developer, Alco Pacific Construction, Engineer, Voorheis-Trindle-Nelson, of 13794 Huntington Beach Boulevard, Westminster, California, location of tract, 1288.56 feet west of Huntington Beach Boule- vard, and south of Heil Avenue. Legal Description being a portion of the N 2 of the SE k of Sec. 23, T.S.S., R.11.W., SBB & M. t -12- 1.9 7 Page #13 - Minutes, May 16, 1960 Number of Lots 51, total acreage 11.45, and that the map has been certified by the City Engineer and the Planning Director to be true an& correct in accordance with the Tentative _ Tract Map and in accordance with provisions of the City Subdivision Code. The City Council may accept dedications as shown on the map and in addition approve the final map subject to the following conditions: The City Clerk's signature shall be witheld pending the submittal and complet- ion of the following requirements: 1. Deposit of fees for water, sewer, engineering, and inspection. 2. Bond for improvements. 3. Signature of agreement. On motion by Waite seconded by Stewart, Final Tract Map No. 3744 be approved subject to the conditions as recommended by the Planning Commission and read by the City Clerk, be approved. Motion carried. Public Hearing - Mayor Gisler announced that 9:00 Zone Case #106 o'clock P.M. on this day was the date set for the public hearing on Zone Case No. 106 and requested the City Clerk to read the legal notice. The Clerk read notice of Hearing Zone Case No. 106 as published in the Huntington Beach News May 5th, 1960, setting a hearing for 9:00 o�Olock P.M. on Monday, the 16th day of May, 1960, for the purpose of consid- ering a petition for change of zone relative to proposed change of district zoning from A-1 to R-1 in a 38 acre parcel at the southeast corner of Smeltzer Avenue, and Bolsa Chica Road in the vicinity of the northwest area of the City. The Clerk reported that there were pa verbal or written protests filed for or against Zone Case No. 106. There being no protests filed oral or written the Mayor declared the hearing closed. -13- 798 Pare it ``14 -- Miinutes, May 16, 1960 A motion by Waite, seconded by Wells, that the City Attorney be authorized to prepare an Ordinance to rezone the area in Zone Case No. 106 to R-1. Motion carried. Public hearing - Mayor Gisler announced that 9:00 o'clock Zone Case No. 108 P.M. on this day was the date set for the Public Hearing on Zone Case No. 108 and requested the City Clerk to read the legal notice. The Clerk read notice of Hearing Zane Case No. 108 as published in the Huntington Beach News May 5th, 1960, setting a hearing for 9:00 o'clock P.M. or as soon there- after as possible on Monday, the 16th day of May, 1960, for the purpose of considering a petition for change of zone relative to proposed change of district zoning from M-2-0 to R-1 in parcels of property at the northeast corner of Huntington Avenue and Seventeenth Street in the vicinity of the Huntington Beach Ranch. The Clerk reported that there were no verbal or written protests filed for or against Zone Case No. 108. There being no protests filed oral or written the Mayor declared the hearing closed. On a motion by Lambert, seconded by Wells, the City Attorney was instructed to draw up an ordinance to rezone the area in Zone Case No. 108 to R-1.. Motion carried. Public Hearing - Mayor Gisler announced that 9:00 o'clock Zone Case No. 113 P.M. on this day was the date set for the Public Hearing on Zone Case No. 113 and requested the City Clerk to read the Legal notice. The Clerk read notice of Hearing Zone Case No. 113 as published in the Huntington Beach News May 5th, 1960, setting a hearing for 9:15 o'clock P.M. or as soon there- after as possible on Monday the 16th day of May, 1960, for the purpose of considering a petition for change of zone relative to proposed change of district zoning from A-1 to C-2 on a parcel of property at the southeast corner of Smeltzer Avenue and Bolsa Chica Road in the vicinity of the northwest area of the City. -14- Page #15 - Minutes, May 16, 1960 The Clerk reported that there were no verbal or written protests filed for or against Zone Case No. 113. There being no protests filed oral or written, the Mayor declared the hearing closed. On motion by Waite, seconded by Stewart, the City Attorney was instructed to prepare an ordin- ance to rezone the area in Zone Case No. 113 to C-2. Motion carried. Northeast The Clerk presented a petition for Annexation annexation known as Northeast #2 Annexation, covering a parcel of property in uninhabited territory, bounded and more fully described as follows: "Beginning at the point of intersection of the West line of the Southeast Quarter (SE ) of the Southeast Quarter (SFA) of the Southwest Quarter (SWU of Section 25, Township 5 South, Range 11 West, San Bernardino Meridian, with a Line drawn parallel to the distant 30 feet North, measured at right angles from the South line of said Section 25, said point being in the boundary line of the City of Huntington Beach, as now established; thence South 690 feet, more or less, along said boundar line to the Southwest corner of the Northeast Quarter (NFA5 of the Northeast Quarter (NEB) of the Northwest Quarter (NA) of Section 36, Tvwnshi.p 5 South, Range 11 West, San Bernardino Meridian; thence, leaving the boundary line of the City of Huntington Beach, East 680 feet, more or less, along the South line of the Northeast Quarter (NF) of the Northeast Quarter (NEk) of the Northwest Quarter (NWk) of said Section 36 to an intersection with the east Line of Newland Street, 40 feet wide as now laid out, said point also being in the boundary line of the City of Fountain Valley, as now established; thence North 690 feet, more or less, along said boundary line to an intersection with the North line of Talbert Avenue, 60 feet wide as now laid out; thence Leaving the boundary line of the City of Fountain Valley, West 680 feet, more or less, along the North line of Talbert Avenue to the point of beginning". On a motion by Stewart, seconded by Waite, the petition for annexation was received and tabled for further study by the Council. Motion carried. Application for City Clerk informed the Council that Permit, Re: Advance Redi_-Mix Company the matter of a permit requested by Advance Redi Mix had been referred from the meeting of April 18th to this meeting. Clerk then read a communication from the Attorney for Advance Redi-mix requesting a postponement of consideration of the permit until the meeting of June 6th, 1960. -15- Page #16 - Minutes) May 16, 1960 On a motion by Stewart, seconded by Waite, the Clerk was instructed to place this matter on the Agenda for the meeting of June 6, 1960. Motion carried. Public Hearing Mayor Gisler announded that 9:15 o'clock Zone Case No. L14 P.M. on this day was the date set for the Public Hearing on Zone Case No. 114 and requested the City Clerk to read the legal notice. The Clerk read notice of Hearing Zone Case No. 114 as published in the Huntington Beach News May 5th, 1960, setting a hearing for 9:15 o'clock P.M. or as soon thereafter as possible on Monday the 16th day of May, 1960, for the purpose of considering a petition for change of zone relative to proposed change of district zoning from R-1 to M-1 on a parcel of property approximately 1320 feet west of Beach Boulevard, on the north side of Sugar Avenue with an area of approximately 32 acres. The Clerk reported that there were no verbal or written protests filed for or against Zone Case No. 114. There being no protests filed oral or written the Mayor declared the hearing closed. On a motion by Lambert, seconded by Waite, the City Attorney was instructed to prepare an ordinance rejoining the area in Zone Case No. 114 to M-1. Motion carried. Public Hearing - Mayor Gisler announced that 9:15 o'clock Zone Case No. 115 P.M. on this day was the date set for the Public Hearing on Zone Case No. 115, R-5 P-M-T and requested the City Clerk to read the legal notice. The Clerk read notice of Hearing Zone Case No. 115, R-5 P-M-T as published in the Huntington Beach News May 5th, 1960, setting a hearing for 9:15 o'clock P.M. or as soon thereafter as possible on Monday the 16th day of May, 1960, for the purpose of considering a petition for change of zone relative to proposed change of district zoning from R-1 to R-5 P-M-T on a 15 acre parcel of property west of Bolsa Chica Road and 800 feet south of Smeltzer Avenue and from R-1 to C-2 on a 10 acre parcel of property at the southwest corner of -16 V Page #17 - Minutes, I -lay 16, 1960 Smeltzer Avenue and Bolsa Chica Road. Mr . Evan_ Some Mr. Evan Koppe, a developer of the property under consideration addressed the Council and said he protests the recommended denial by the Planning Board of the change to C-2 on the 10 acre parcel because of the reasons used for its denial. He requested that consideration be given by the Council to allow this zone change. Councilman Waite Councilman Waite then asked Mr. Koppe if he had any commercial venture planned to go into that area at the present time, and received an answer that they do not have due to necessity for the zone change "before developing. There being no further protests filed oral or written, the Mayor declared the hearing closed. On a motion by Waite,.seconded by Lambert, the City Attorney was authorized to prepare an ord- inance on Zone Case No. 115 approving the R-5 zone change and denying the C-2 zone change as outlined by the Planning Com- mission. Motion carried. Public Hearing - Mayor Gisler announced that 9:15 o'cl+ Zone Case No. 116 P.M. on this day was the date set for the Public Hearing on Zone Case No. 116 and requested the City Clerk to read the legal notice. The Clerk read notice of Hearing Zone Case No. 116 as published in the Huntington Beach News May 5th, 1960, setting a hearing for 9:15 o'clock P.M. or as soon there- after as possible on Monday the 16th day of May, 1960, for the purpose of considering a petition for change of zone relative to proposed change of distract zoning from A-1 General Agri- cultural District and M-1 Light Industrial District to M-1 Light Manufacturing District on a 39 acre parcel at the S E corner of Smeltzer Avenue and Pacific Electric Railway right- of-way, and from A-1 General Agricultural District and M-1 Light Industrial District to M-1 Light Manufacturing District on a 75 acre parcel at the S W corner of Smeltzer Avenue and the Pacific Electric Railway Right-of-way, and from A-1 General Agricultural District and M-1 Light Industrial District to f -17- of) Wage #18 - .Minutes, May 16, 1960 M-1 Light Manufacturing -District on 2 parcels of approximately 60 acres total at the S W corner of Heil Avenue and the Pacific Electric Railway Right-of-way. A communication from the Huntington Beach Chamber of Commerce Board of Directors recommending the zone changes set forth in Zone Case No. 116 was read by the Clerk. There being no further protests filed oral or written, the Mayor declared the hearing closed. On a motion by Stewart, seconded by Wells, the City Attorney was authorized to prepare an ordinance rezoning the area in Zone Case No. 116. Motion carried. Public Hearing - Mayor Gisler announced that 9:15 o'clock Zone Case No. 119 P.M. on this day was the date set for the Public Hearing on Zone Case No. 119 and requested the City Clerk to read the legal Mice. The Clerk read notice of Hearing Zone Case No. 119 as published in the Huntington Beach News May 5th, 1960, setting a hearing for 9:15 o'clock P.M. or as soon thereafter as possible on Monday the 16th day of May, 1960, for the purpose of considering a petition for change of zone relative to proposed change of district zoning from R-4 to R-1 on 220 subdivided lots within three adjoining subdivisions a portion of which adjoins the south side of Talbert Avenue approximately 1400'feet east of Beach Boulevard and a portion lying on the east side of Beach Boulevard approximately 660 feet south of Talbert Avenue - the subdivisions are commonly known as Huntington Crest and Roberto Rancheros Tracts. The Clerk reported that there were no verbal or written protests filed for or against Zone Case No. 119. There being no protests filed oral or written, the Mayor declared the hearing closed. On motion by Stewart, seconded by Lambert, the City Attorney was authorized to prepare an ordinance rezoning the area in Zone Case No. 119 to R-1. Motion carried. IM 2031 Page #19 - Minutes, May 16, 1960 Public Hearing - Mayor Gisler announced that 9:15 Zone Case No. 118 o'clock P.M. on this day was the date set for the Public Hearing on Zone Case No. 118 and requested the City Clerk to read the legal notice. The Clerk read notice of Hearing Zone Case No. 118 as published in the Huntington Beach News May 5th, 1960, setting a hearing for 9:15 o'clock P.M. or as soon thereafter as possible on Noonday the 16th day of May, 1960, for the purpose of considering a petition for change of zone relative to proposed change of district zoning from R-1 to R-5 P-M-T on a 14 acre parcel bounded on the southerly by Brookhurst Street, Bushard Street, and Orange County Flood Control District Channel D-2. The Clerk reported that there were no verbal or written protests filed for or against Zone Case No. 118. There being no protests filed oral or written, the Mayor declared the hearing closed. On a motion by Waite, seconded by Wells, the City Attorney was authorized to prepare an ordin- ance rezoning the area in Zone Case No. 118 to R-5 P-M-T. Motion carried. Public Hearing - Mayor Gisler announced that 9:15 Zone Case No. 122 o'clock P.M. on this day was the date set for the Public Hearing on Zone Case No. 122 and requested the City Clerk to read the legal notice. The Clerk read notice of Hearing Zone Case No. 122 as published in the Huntington Beach News May 5th, 1960, setting a hearing for 9:15 o'clock P.M. or as aoon thereafter as possible on Monday the 16th day of May, 1960, for the purpose of considering a petition for change of zone relative to proposed change of district zoning from R-4 to R-1 on 24 acres on the north side of Yorktown Avenue and approximately 1200 feet east of Beach Boulevard consisting of -19- 04 ■ Page ;�20 - Minutes, May 16, 1960 all lots of Tracts 1813 and 3573. The Clerk reported that there were no verbal or written protests filed for or against Zone Case No. 122. There being no protests filed oral or written, the Mayor declared the hearing closed. On a motion by Stewart, seconded by Waite, the City Attorney was authorized to prepare an ordinance rezoning the area in Zone Case No. 122. Motion carried. Public Hearing - Mayor Gisler announced that 9:15 Zone Case No. 120 o' clock P.M. on this day was the date set for the Public Hearing on Z one Case No. 120 and requested the City Clerk to read the legal notice. The Clerk read notice of Hearing Zone Case No. 120 as published in the Huntington Beach News May 5th, 1960, setting a hearing for 9:15 o'clock P.M. or as soon thereafter as possible on Monday the 16th day of May, 1960, for the purpose of considering a petition for change of zone relative to proposed change of district zoning from A-1 to R-5 P-M-T on approximately 25 acres north of Wintersburg Avenue, south of Orange County Flood Control District Channel C-5, and easterly of Springdale Street, except for the southwest- erly 1.5 acres. Mr. Alvin Graham Mr. Alvin Graham, 5232 Smeltzer Street, Huntington Beach, addressed the Council and requested approval of the Zone Change because of the fact that this parcel of pro- perty was cut up by the Orange County Flood Control District Channel and consequently Was not of much value for housing development, but would be of more value for trailer parks and similar uses. The Clerk reported that there were no further verbal or written protests filed for or against Zone Case No. 120. There being no further protests filed oral or written, the Mayor declared the hearing closed. -20- I 2051 Page #21 - Minutes, May 16, 1960 Can a mention by Stewart,. seconded by Lambert, the City Attorney was authorized to prepare an ordin- rezoning the area in Zone Case No. 120. Motion carried. Travelers Indem. Co. A request for termination of Travelers Re:_ Drilling Bond_ ft-41.8 Indemnity Company Drilling Bond No. T-418 on Texaco Company Well was read by the City Clerk. Endorsement - An endorsement from James R. Wheeler, James R.Wheeler City Engineer, recommending that the request be processed in the usual manner was also read. A motion was made by Stewart, second- ed by Lambert, that the Texaco Oil Company's Drilling Bond No. T-418 with Travelers Indemnity Company be terminated and returned. Motion carried. Bolsa Estates, Inc. The City Clerk read an easement deed Re: Easement Deed from Bolsa Estates, Inc. to the City of Huntington Beach granting an easement for drainage purpose over that portion of Lot 1 of Tract No. 3644 in the City of Huntington Beach, County of Orange, State of California as per map recorded in Book 127 Pages 33 and 34 Miscellaneous maps in the Office of the County Recorder of. said county. On a motion by Stewart, seconded by Waite, the Easement Deed from the Bolsa Estates, Inc. was accepted, and the City Clerk authorized to have same filed in the office of the County Recorder of Orange County. Motion carried. Romark domes, ' Inc.. The City Administrator presented Minster Homes, Inc. Re: Grant Deed grant deed from Romark Homes, Inc. and Minster Homes, Inc. granting to the City of Huntington Beach all underground water lying beneath said land but with- out the right of entry to the surface of said land for the purpose of producing water therefrom under the following: The W� of the SWk of the SEk of Section 24, Township � S, R 11 W. SBB & M. On a motion by Lambert, seconded by Stewart, the Grant Deed from Romark Homes, Inc. and Minster -21w 12013 Pacre W22 - Minutes, �1ay 16, 1.960 Homes, Inc. was accepted and the City Clerk authorized to have same recorded in the office of the County Recorder of Orange County. Motion carried. Roma.rk Homes, Inc. The City Administrator presented a Minster homes, Inc. Re: Subdivision AEreernent subdivision agreement between the City of Huntington Beach and Romark Homes, Inc. and Minster Homes, Inc. and Empire Savings & Loan Association. A motion was made by Waite, seconded by Stewart, that the Mayor and the City Clerk be authorized to sign the subdivision agreement for the City of Huntington Beach. Motion carried. Mr. Cyrus H. Moon Mr. Cyrus H. Moon representing the Gospel Crusade for Korea appeared before the Council and re- quested permission to solicit funds in Huntington Beach from May 24th through May 28th for his organization. A motion was made by Waite, seconded by Stewart, that Mr. Moon and associates be granted permission to solicit between May 24th and 28th provided each of them register with the.Police Department. Motion carried. Williams Chev. Co. - The City Administrator informed the Awa.rc. of- bic on t ruc'n Council that bids for a two ton truck to be used for a water wagon base had been received from Mandic Motors, Dodge - $3,058.30, Williams Chevrolet - $2,718.39, and Main Street Garage, International - $3,059.40, all bids plus sales tax. On a motion by Lambert, seconded by Waite, the City Purchasing Agent was instructed to purchase the the 2-ton truck from Williams Chevrolet for a price of $2,718.39 plus sales tax. Motion carried. The City Administrator presented figures from the Purchasing Agent on sewer rodding equipment. Two bids were presented, one from the Southwest Tool Company for $4,572.30 ..'and the other from O'Brien Manufacturing Company for $2,637.00, plus sales tax on both bids. -22- 207 Page #23 - Mynutes, May 16, 1960 Mr. Miller informed the Council that this item was in the years budget. On a motion by Stewart, seconded by Waite, the City Purchasing Agent was instructed to purchase the sewer rodder for $4,572.30. The City Administrator presented figures on 84 American Seating Company semi -upholstered chairs for the Council Chamber at $26.29 each, plus installed ash trays, for a total of $2283.00 plus sales tax and installation,) or $2554.69. He gave also figures on a more fully upholstered chair, complete and installed at $3500.00, and carpet for the chamber at $750.00 installed. Mr. Miller suggested that if Council is interested in proceeding on this item, that fur- ther study be given as to the needs and the potential seating arrangement. On a motion by Stewart, seconded by Wells, action on the refurnishing of the Council Chamber was tabled for further study. Motion carried. A request for the loan for folding chairs from Memorial Hall by the Superintendent of the Hunt- ington Beach Elementary School for June 15, 1960 was present- ed by the Administrator. A motion was made by Waite, seconded by Lambert that the Elementary School be granted permission to borrow chairs from Memorial Hall for June 15th. Motion carried. The City Administrator informed the Council that there would be a hearing of the State Public Utilities Commission in the Huntington Beach Council Chamber an Thursday, May 19th, at 10:30 A.M. in the matter of permit- ting the Southern California Water Company to construct or expand their system in certain territories in Orange County, and felt it might be wise for the City to have representatives at this meeting. -23- �os Page i;'24 - Minutes, May 16, 1960 A motion was made by Stewart, seconded by Waite, that the City Administrator, City Attorney, City Engineer and the Fire Chief be instructed to attend thi*hearing to repre- sent the City of Huntington Beach. Motion carried. The City Administrator requested that Ordinance No. 767 concerning an increase in minimum lot size from 6000 square feet to 7200 square feet which had been tabled at a previous meeting, be brought from table and given a first reading as an emergency ordinance. Mr. Martin Wi•prman Mr. Martin Wierman of-909 Delaware Avenue, Huntington Beach addressed the Council to inquire just What constituted the emergency in connection with the adoption of the ordinance. Administrator The Administrator told Mr. Wierman and the Council that by making the Ordinance effective immed- iately, it would avoid the rush of home developers trying to get their plans approved before the expiration of a thirty day waiting period required under normal passage. Mr. Bernard Solomon Mr. Bernard Solomon of Long Beach inquired as to how the immediate passage of the Ordinance would affect maps which had already been tentatively approved. City attorney The City Attorney informed Mr. Solomon that any tentative maps which had received approval of the Plan- ning Commission prior to the passage of the ordinance would not be affected. Mr. Gallienne Mr. Gallienne of the Chamber of Commerce, speaking as an individual, said he feltthe matter should be given further thought and consideration, as he thought the increased minimum lot size was not entirely the answer to the problem. Also that he thought the solution might lie in restricting or zoning certain areas whereby estate type homes might be provided for. Mr. Jack O'Brien Mr. Jack O'Brien, local realtor, addressed the Council and stated that with the immense growth to be antici- pated in Huntington Beach and variety of classes of homes which -24- I= Page #25 Minutes, May 16, 1960 will be needed to fill all the needs of the Community, he felt the matter should be given more study before action was taken by the Council. Mr. Rudolph Stang Mr. Rudolph Stang, 716 Thirteenth Street, Huntington Beach, addressed the Council and said that the thought there was more than one problem.involved in the situation and that if an architectural design of homes to be built were set up it would be of considerable benefit. City Attorney The City Attorney advised the Council and Mr. Stang that legal procedures would not permit regula- architectural ting fix% design. When asked about square footage, Mr. Bauer stated that this might be feasible from a Legal stand- po int . Mr. Martin Wierman Mr. Martin Wierman again spoke to the Council and stated that if it were planned by Council to postpone action on this Ordinance, that no restrictions be included such as holding up any plans by the Planning Depart- ment. Mr. John Fellhoelter. Mr. John Fellhoelter, 605 14th Street,1 Huntington Beach, addressed the Council and said there were certain areas in the older part of town which could not be economically subdivided on the basis of 7200 square feet lots, and that financing of such property would be hard to get. On a motion by Lambert, seconded by Waite, the City Clerk was instructed to give Ordinance No. 767 a first reading on an emergency basis. Motion carried. 1st Reading Ord #767 The Clerk gave Ordinance No. 767 its first reading in full, An Ordinance of the City of Huntington Beach declaring an emergency to exist, amending the Huntington Beach Ordinance Code relating to subdivisions by amending Section 9741.4 of Chapter 97 of the Huntington Beach Ordinance Code. City of Hope - Re: The City Administrator presented a request to solicit funds communication from the City of Hope requesting permission for solicitation for their organization -25- 210 Page #26 - Minutes, lv;ay 16, 1960 on June 5th, 1960, and suggesting a proclamation to be made naming Sunday, June 5th as "Hope Sunday". On a motion by Waite, seconded by Wells, the communication from the City of Hope was received and filed. Motion carried. City Clerk authorized The City Administrator informed to accept service on Driftwood Inn Suit. Council that the City would soon be faced with service in a lawsuit in connection with the Drift- wood Inn Lease Agreement, and recommended that Council author- ize the City Clerk to accept service (if suit on behalf of the City. On a motion by Lambert, seconded by Waite, the City Clerk was authorized to accept service for and on behalf of the City of Huntington Beach in the lawsuit involv- ing the Driftwood Inn Lease Agreement. Motion carried. City Attorney authorized On a motion by Stewart, seconded by to represent City in Driftwood inn Sit._ Waite the City Attorney was authorized to represent the City of Huntington Beach in the lawsuit involv- ing the Driftwood Inn Lease Agreement. Motion carried. Resolution i?o. 142_^ The Clerk read Resolution No. 1422 - "A Resolution of the City of Huntington Beach establishing the general prevailing rate of hourly wages for each craft or type of workman or mechanic needed in the resurfacing and improvement of California Avenue - Geneva Street to Hartford Street and Joliet Street to Lincoln Street; England Avenue from Indianapolis Street to Knoxville Street; -Chicago Street from Lake Avenue to Alabama Avenue; Geneva Street from Delaware Avenue -to Indianapolis Street; Hill Street.from Frankfort Street to Geneva Street; Indianapolis Street from Delaware Avenue to Beach Boulevard; Hartford Street from Alabama Avenue to Delaware Avenue, in theCity of Huntington Beach, California". Resolution #1422 On a motion by Waite, seconded by Lido t ed . Lam ert, Resolution No. 1,422 was passed and adopted by the following roll call vote:. _26- Page #27 - Minutes, May 16, 1960 AYES: Councilmen: Wells, Lambert, Stewart, Waite, Gisler. NOES: Councilmen: None. ABSENT: Councilmen: None. City Clerk to On a motion by Lambert seconded by Advertise for bids . Stewart, the City Clerk was author- ized to advertise and publish in the Huntington Beach Dews a notice inviting sealed bids for the labor and materials neces- sary to resurface Streets in the City of Huntington Beach as designated and provided for in Resolution No. 1422 of the City Council. Motion carried. 1st ReadjaZ Ord.#768 The Clerk gave Ordinance Vo..768 its first reading in full, An Ordinance of the City of Huntington Beach.relating to employees, amending the Huntington Beach Ordinance Code by amending sections and adding a new section thereto. Finance Committee Mayor Gisler appointed Councilman Wells and Councilman Waite to serve as Finance Committee of the Council. Fullerton Lions Club A communication from the Fullerton's Re:Request to sell donation tickets Lions Club, requesting permission to sell $M0 donation tickets for prizes was read by the Clerk. On a motion by Stewart, seconded by Waite, the request of the Fullerton Lions Club was referred to the City Administrator, City Attorney and the Chief of Police for further study. Motion carried. Girls League H.B.U.H.S. Request use of chair from Memorial Hall A Request from the Girls League of the Huntington Beach Union High School) for the use of a high back chair from Memorial Hall was read by the Clerk. On a motion by Lambert seconded by Stewart, the request of the Girls League was granted. Motion carried. License Application An application for business license Pizza Talmo Out by Robert Gillman and David Hook to operate a Pizza Take Out business at 408 Ocean Avenue, City, -27- 1212 Pale #r28 - Minutes, May 16, 1960 was presented by the Clerk. Council was informed that approval of all department heads concerned had been obtained, except the approval of the County Health Officer. On a motion by Stewart, seconded by Waite, approval of the business license for the Pizza Take Out was granted, subject to final approval of the County Health Officer. Motion carried. William Gallienne William Gallienne of the Chamber of Commerce spoke to theCouncil about the forthcoming testamonial dinner to be held at the Balboa Bay Club on June 2nd, honoring County Supervisor Willis Warner for his many years of service to the community, and urged all Councilmen and City Officials to lend their support to make the affair a huge success. Mr. Gallienne also brought before Council the matter of new signs at the various City limits, stating thAt the Chamber of Commerce, Lions Club and Rotary Club, together with other organizations in the City were making a study of this matter, and requested the aid of the City Engineer in developing their plans. Councilman Stewart Councilman Stewart informed thgCouncil that he felt it was time for the City to take steps to purchase the Ocean View Fire Station. He said it lahauld be manned by the City Fire Department as it was becoming increasingly impmatant to provide more fire protection for the area served by that station. A motion was made by Stewart, seconded by Lambert, that the City Administrator together with the City Fire Chief and Councilman Stewart be authorized to investigate the possibilities of the City acquiring Ocean View Fire Station. Motion carried. On a motion by Waite., seconded by Lambert, the demands as approved by the Finance Committee be approved. Motion carried. On a motion by Waite seconded by Fells the regular meeting of the City Council of the City of Huntington Beach adjourned to 7:30 P.M. on May 23, 1960. Motion carried. -28- 213 Page #29 - Minutes, May 16, 1960 ATTEST: City Cle City Clerk and a icio Cle- of the'City Coup it of the City of Huntington Beach, California T" T ii . r Mayor - 29-