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HomeMy WebLinkAbout1960-05-23214 MINUTES Council Chamber, City Hall Huntington Beach California Monday, May 23,.960 Mayor Gisler called the regular ad- journed meeting of the City Council to order at 7:30 o'clock P.M. Councilmen Present: Wells, Lambert, Stewart, Waite, Gisler. Councilmen Absent: None. The Pledge of Allegiance was given by all present in the Chamber. Monthly Reports The report of the City Engineer for the month of April, 1960, was read by the Clerk. On motion by Waite seconded by Stewart report of the City Engineer was received and filed. Motion carried. Boy's Club of Lacuna Beach A communication from the Boy's RE: Recreation Dept. Club of Laguna Beach, Frank N. Grizzelle, Physical Director, commending the Recreation De- partment for their sponsoring of the 11th Annual Invitational Track Meet, was read by the Clerk. Mr. Robert Allen - RE A communication from Mr. Robert Reauest for removal of tree Allen, 901 West Valley View Drive, Fullerton, California, requesting that the City remove the large Eucalyptus tree in the parkway of his property at 326 Crest Avenue, was read by the Clerk. On a motion by Stewart seconded by Lambert the request of Mr. Allen was referred -to the City Administrator. Census Report as of A communication from Mr. Abbot R. April 1, 1960' Williams, Census District Supervisor for the U. S. Department of Commerce, announcing that the Census Count taken as of April 1, 1960, for the City of Huntington Beach was.11,405. City of Norwalk - The Clerk read a communication from RE: Res. #530 the City of Norwalk including their Resolution No. 530, "A Resolution requesting the Producers, 1. 2151 Paize 4�2 - Minotes , May 23. 1960 Distributors and Exhibiters of Motion pictures in the area to cease the presentation of films which are salacious in nature, which portray narcotics addiction, sexual deviation, or promiscuity in a manner constituting a menace to the public morals." On a motion by Waite seconded by Stewart this matter was referred to the City Administrator. Motion carried. Job's Daughters - RE: A.communication from Mr. Norman F. Reauest to onerate con- cession July 4th. _ Wells, associate guardian for Job's Daughters of Huntington Beach requesting -permission for the Job's Daughters to conduct the sale of Coca Cola and peanuts during the Fourth of July Parade was -referred to the City Administrator. Orange Co. Hwy. -Dent. A communication from the County of 8E: Project #12, rlenn- byre street Orange, Highway Department referring to the Arterial Highway Financing Program, Project No. 12, Glenneyre Street in Laguna Beach was read by the Clerk. Or. Co. Board of Supv. The communication enclosed- a copy -of RE: Res. #60-393. Resolution No. 60-393 adopted by Orange County Board of Supervisors -on May 3rd, 1960, regulating Arterial Highway Financing Program by amending•Fiscal Program under the Arterial Highway Financing Program. This matter was received and filed without action. Inez I. Underhill & Co.- A communication was received from RE: Adverse Decision of Flannine Commission Inez I. Underhill and Company by Otis C. Robertson, appealing to the City Council from an adverse decision made by the City Planning Commission on May 17th, 1960, relating to the operation of the construction of the rental.yard in an R-4 Zone on Lots 15, 17, 19 and the southerly 16 feet of Lot 21, Block 215, Huntington Beach, California. 2. Page #3 - Minutes, May 23, 1960. The City Attorney suggested that since this was the first appeal since the new policy of the City Planning Commission_being permitted to grant variances without the approval of the Council, and allowing an appeal from such decisions to be made to the City Council that as a matter of procedure a definite time be set for the Council to hear the appeal. On a motion by Stewart, seconded by Wells, a public hearing was ordered for June 6th, 1960, at 8:00 o'clock P.M. or as soon thereafter as possible, to hear the appeal of Inez -I. Underhill and Company regarding the de- cision on Use"Variance No. 177 made by the City Planning Com- mission. Motion carried. Fred W. May - RE Re- A communication from the City Engineer guest for final payment Municipal Court Bldping. enclosing a request from Fred W. May for final payment on the addition to the Municipal Court Building and certifying that.all work had been completed in a satisfactory manner.according to the plans and specifications was read by the Clerk. On a motion by Lambert seconded by Waite, -final payment to Mr. May was ordered by the Council. Motion carried. Petition for adequate A petition to the City Council re - domestic water s_uppl. - questing Council to assist in every way possible in the securing of an adequate domestic water supply and signed by residents and property owners in an area south of Garfield, east of Highway 39, and west of the Santa Ana River, was read by the Clerk. On a motion by Lambert, seconded by Wells, the request of the petition was referred to the City Administrator and the City Engineer for report to Council in the near future. Motion carried. 3. P aee #4 - Minutes, May 23, 1960 2nd Reading. -Ord. The matter of the second reading No. 767 of Ordinance No. 767, An emergency Ordinance relating to the minimum lots sizes was presented to the Council by the Clerk. Mayor Gisler asked for comments from those in the audience. Mr. Jack Randal Mr. Jack Randal, 800 N. Main Street, Santa Ana, Field Service Director, representing the Home Builders Association, addressed the City Council and advised % them that 70 to 85 percent of Home Builders were represented J _ by their organization. He suggested that any action on this { ,+� matter be postponed until they had more opportunity to make a study of it. Mr. Randal offered the services of his or- ganization to make such a study for the Council.. Mr. Dick Owen Mr. Dick Owen, representing Robert H. Grant Developers, addressed the Council, informing them that he had experience with lot sizes. He asked if the Council wanted a Country Club development with a slow de- velopment period or a City with people of the average class. He advised that homes being built under FHA are being con- trolled as income brackets rise, and restrictions imposed on the people who can purchase. He offered to present to the Council a copy of a study which was made for their program by outside engineers. Mr._Ray_averacker Mr. Ray Overacker, Attorney, 412 Olive Street, Huntington Beach, questioned whether the Ordi- nance under discussion constituted an emergency. He stated that, as a rule, a man can afford only two and one-half times his yearly salary for a home. Mr. Bernard Solomon Mr. Bernard Solomon of Long Beach who operates Mills Construction Company, suggested that if it were necessary for a subdivider to pay more for land, he must cut down on the cost of the house to make it saleable economically. 4. 2tS Page #5 - Minutes, May 23, 1960. Mr. Manual E. Allen Mr. Manual E. Allen,, a Realtor from Westminster, advised the Council that enactment of this ordi- nance would retard development of the City. He said people don't mind paying necessary taxe"s if they get their money's worth, and that the property had far too valuable use for housing to use for farming. Dr. David H-. Payne. Dr. David H. Payne, of Talbert Avenue, Huntington Beach, addressed the City Council, and said that he believed that there was emergency in connection with this Ordinance. He said that lot sizes do effect schools and that five elementary schools are required where six thou- sand foot minimum lots are in effect, to only four necessary with 7200 square foot lots. He told the Council that Doyle and Shields in advertising their bonds in a national financial magazine had indicated in their advertising that a profit of 3500 to 4000 dollars each would be made on the homes in their development, and he believed that they could cut this problem by five hundred dollars in order to pay for a larger lot size. Dr. Payne said there were no other cities in the area allowing lot sizes of only 6000 square feet. Mr. Dick Owen Mr. Dick Owen of Santa Ana, addressed the Council informing them that'Santa Ana has 6000 square feet lots, Newport Beach has 5000 square feet lots, and Westminster has 6000 square feet lots. Councilman saai.te At this point Councilman Waite asked what other Cities besides Santa Ana, Newport Beach, and West- minster has'6000 square feet minimum and was informed that Buena Park, and La Habra have comparable lots sizes. Councilman Stewart Councilman Stewart stated that all of those Cities have only certain'areas with 6000 foot minimums and other areas require much more. 5. 219 Pace #6 - Minutes, May 23, 1960 Councilman Waite, Councilman Waite informed the Council that he felt this was an emergency since the matter had been under study by the Planning Department and the En- gineer for several.months. He informed the Council that he felt that if action were postponed on this Ordinance, they. should also take steps to postpone action on the acceptance of any final maps for study also. Mr. Martin Weirman Mr. Martin Weirman, 909 Delaware, Huntington Beach, addressed the Council and asked if acceptance of tract maps can be delayed.legally. Cis At_t' y Sauer The City Attorney informed the Council that they could adopt this Ordinance and upon its becoming effective, tract map of lots less than 7200 square feet could not be approved without a variance. If study showed that 7200 square foot lots were undesirable, the Ordinance could be repealed. Recess Mayor Gisler ordered a recess of the Council at 8:33 o'clock P.M. Reconvened Council was reconvened at 8:47 o'clock P.M. Mr. Mark Downing Mr. Mark Downing, 225 Fifth St., Huntington Beach addressed the Council and requested that the City avoid taking any action which might slow down population growth. Petition and letter of At this point the City Clerk read transmittal signatures on a petition in favor of the Ordinance at the request of Councilman Waite --also the letter of transmittal from the Planning Commission was read. Mayor Gisler Mayor Gisler addressing the Council expressed himself as believing this Ordinance was not the answer to their problem. He said he felt a matter of zoning was involved in this situation. 6. 220 Page #7 - Minutes, May 23, 1960. City Administrator City Administrator Doyle Miller presented a report on an existing minimum subdivision lot size requirements for various communities of Orange County, and filed it with the Clerk who read the report. Mr. Martin Weirman Martin Weirman, 909 Delaware, Huntington Beach, addressed the Council and said that it might be interesting to know when those communities established those standards, that is, whether it was before or after they had their population increase. Dr. David Payne Dr. David Payne again speaking to the Council, said the City Planning Commission has worked on this plan for more than a year and have studied it much more extensively than some of the newer members of the Council. Mayor Gisler The Mayor informed those present that all the Councilmen had received many phone calls regarding the enactment of this Ordinance. Councilman Waite Councilman Waite asked the City Attorney how they could put a moratorium.on the influx of tract maps until the matter could be studied further, and reports from these building organizations have been presented. City.Att'y Bauer The City Attorney informed the Council that the only way to stop the filing of tract maps with 6000 square foot lots would be to adopt an Ordinance increasing the minimum lot size. Without such an Ordinance, the subdividers could continue submitting maps with 6000 square foot lots and the Planning Commission and Council would have to take action thereon. Councilman Stewart Councilman Stewart told the Council that he did not feel that either 6000 square foot or 7200 square foot lot sizes were the answer to the problem at hand. He stated that it was going to take study by the Council and all the people involved. Also, that he felt there should be areas for 6000 square foot lots, 7200 square foot lots, and even larger ones. 7. 221 Page #8 - Minutes, May 23, 1960 Councilman Lambert Councilman Lambert said that he felt that even though 7200 square foot lots sizes might not be the answer, he felt the Ordinance should be enacted at this time to slow things down while further study is being made. Councilman Wells Councilman Wells stated that in his opinion the City was trying to get developers to come in, and now it seemed as though they were trying to keep them out. Mayor Gisler Mayor Gisler said he thought there had been enough discussion and suggested that the second reading be held. On a motion by Stewart seconded by Wells the second reading of Ordinance No. 767 was deferred until the meeting of June 6, 1960, on a roll call vote as follows: AYES: Councilmen: Wells, Stewart, Gisler. NOES: Councilmen: Lambert, Waite. ABSENT: Councilmen: None. A motion was made by Stewart, sec- onded by Wells, that Council, as a committee of the whole, together with interested people of the City of Huntington Beach, hold a meeting before the next regular meeting on June 6th, to discuss the lot size minimum. Motion carried. Recess A recess of the Council was called at 9:09 o'clock P.M. by Mayor Gisler. Reconvened Meeting of the Council.was reconvened at 9:18 o'clock P.M. City Administrator City Administrator informed the Council that a meeting had been established to be held before June 6th by the last motion before the recess. He stated that the Council should determine the time of that meeting and the Clerk be instructed to publish a notice in the paper. S. 222 Page #9 - Minutes, May 23, 1960 On a motion by Stewart, seconded by Wells, the Clerk was instructed to advertise in the Huntington Beach News that the City Council would meet as a committee of a whole at an informal meeting in the Council Chamber on May 31, 1960, at 7:30 o'clock P.M., to consider the Ordinance governing minimum lot size and inviting interested parties to attend and give their views ---also that the Clerk be directed to invite the Home Owners Association by letter to attend this meeting. Motion carried. 2nd Reading -Ord. #768 The Clerk gave Ordinance No. 768 its second reading in its entirety --being PAn 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." On a motion by Lambert seconded by Waite, Ordinance No. 768 was passed and adopted by the following roil call vote: AYES: Councilmen: Wells, Lambert, Stewart, Waite, Gisler. NOES: Councilmen: None. ABSENT: Councilmen: None. Petition requesting A petition requesting that property annexation. described as follows be annexed to this City of Huntington Beach. "Beginning at the point of intersection of the West line of the Southeast Quarter (SEA) of the Southeast Quarter (SEk) of the Southwest Quarter (SWU of Section 25, Township 5 South, Range 11 West, San Bernardino Meridian, with a line drawn parallel to and distant 30 feet North, measured at right angles from the South line of said Sectio'n-25, said point being in the boundary line of the City of Huntington Beach, as now established; thence South 690 feet, more or less, alon said boundary line to the Southwest corner of the Northeast uarter (NEk) of the Northeast Quarter (NE'U of the Northwest Quarter (NWU of Section 36, Town- ship 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 (NEk) of the Northeast Quarter (NFA) of the Northwest Quarter (NW'U 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." 9. 2231 Paze #10 - Minutes, May 23, 1960 The petition was signed by Bernard Solomon, Fred H. Pope, Jr., H. Lee Norris, and the McCarthy Company by E. A. McCarthy, President. Certification was read by the Clerk that the written consent of the owners of more than two-thirds (2/3) of the value of the.territory included in the parcel to be annexed, designated as Northeast #2 An- nexation, has heretofore been filed with the City Clerk,.con- senting to the taxation of the property and said annexation equally with the property within the City of Huntington Beach, to pay the entire bonded indebtedness of the City of Huntington Beach outstanding or authorized at the date of the filing of the petition for annexation for the acquisition, construction or completion of Municipal improvements, and that petitioners were the owners of not less than one-fourth of the land in the territory proposed to be annexed to the City of Huntington Beach by area and by assessed value. MrBernard Solomon Mr. Bernard Solomon of Long Beach, a developer of the property being included in the parcel to be annexed, addressed the Council and informed them that his tract chap covering the development hadbeen altered to meet with the approval which had been indicated previously by the Council. He said that the amended tract map to be presented to the Planning Commission at its next meeting. Res. #1421 Resolution No. 1421, "A Resolution of the City Council of the City of Huntington Beach Giving Notice of Proposed Annexation to City of Huntington Beach of That Certain Uninhabited Territory Described Herein and Desig- nated as Northeast #2 Annexation, and in Giving Notice of Time and Place for Hearing of Protests Thereto," was read by the Clerk. On a motion by Waite, seconded by Stewart, a'public hearing on Resolution No. 1421 was ordered for July 5, 1960, at 8:00 o'clock P.M. or as soon 'thereafter 10. 224 Page #11 - Minutes, May 23, 1960 as possible, and the Clerk directed to publish notice of said hearing twice in the Huntington Beach News and twice in the Westminster Herald. Motion carried. On a motion by Lambert, seconded by Stewart, Resolution No. 1421 was adopted by the following roil call vote: AYES: Councilmen: Wells, Lambert, Stewart, Waite, Gisler. NOES: Councilmen: None. ABSENT: Councilmen: None. City Attly Bauer - RE: Agreement The City Attorney advised between P.E. Railway& City of H.B. the Council that he had requested the Administrator and Clerk to include on the Agenda for this meeting the matter of the proposed agreement between the Pacific Electric Railway Company and the City of Huntington Beach. He gave a resume of the case for those members of the Council who might not be familiar with the matter, and discussed the reasons why the City of Huntington Beach might enter into this agreement. Mr. Bauer informed the Council that if the City does not enter into the Agreement, the Pacific Electric Company would ask for the abandonment of only that part of the right of way from the Santa Ana River into Newport. However, if the City does enter into the Agreement, the Pacific Electric Company would cooperate in securing the best prices available for the condemnation of the 100 foot strip from the Santa Ana River to approximately First Street in Huntington Beach, and divide pro- ceeds received on a Fifty -Fifty (50/50) basis, and the Pacific Electric Company would immediately file with the Commission for abandonment of this portion also. He stated that the signing of the agreement only settles the procedure between the Pacific Electric Company and the City of Huntington Beach in procuring required action. On a ,motion by Stewart, seconded by Wells, this matter was put on the Council Agenda for June 6th, 1960. Motion carried. 11. 2251 Page #12 - Minutes, May 232 1960 T. B. Talbert - RE: A request from T. B. Talbert for Request for Abandonment abandonment of City Streets described as follows, was read by the Clerk: California Street, south of Chicago, and Baltimore Street from California Avenue to the alley between Huntington Avenue and California Avenue. Mr. Talbert's request stated that he owned all of the property on both sides of California Avenue, and that he also owned a triangular strip south of Baltimore, and therefore the closing of the streets would not effect and other property owner. On a motion by Lambert, seconded by Wells, the matter was referred to the City Planning Commission for study. Motion carried. Mr. Charles P. McKenzie- A request from Mr. Charles P. McKenzie RE: Request for Purchase of Land to purchase for $200.00 an undivided 5/50th interest in property described as follows: Lot B, Block 2603, East Side Villa Tract, in Huntington Beach, was read by the Clerk. Council was informed that this property was in the vicinity of Yorktown and Seventeenth St. The City Attorney reported that a title report showed the title on this property was not clear. Following this there was some discussion on the matter. On a motion by Wells, seconded by Lambert, the request was tabled until the meeting of June 6th, 1960, Motion carried. Ord. #769 Ordinance No. 769 was.presented to the Council for their consideration by the.City Administrator. On a motion by Wells, seconded by Stewart, the first reading of Ordinance No. 769 was authorized for the meeting of June 6th, 1960. Motion carried. On a motion by Waite, seconded by Wells, the demands as approved by the Finance Committee were ordered paid. Motion carried. 12.