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HomeMy WebLinkAbout1960-09-26424 !"°IINUTES Council Chamber, City Hall I-tuntin ton each, California Monday, September 26th, 1960 Purusant to adjournment of the City Council of the meeting of September 19th, 1960, Mayor Gisler caller the regular adjourned meeting to order at 7:30 o'clock P.M. Counciltf.en Present: ;yells, Lambert, Stewart, Gisler Councilmen Absent: '-,7aite (Councilman Waite arrived at 3:35 P.M.) The Pledge of Allegiance was given by all present in the Council Chamber. Invocation was given by Reverend Richard Le Gros, Assistant Vinister of The First Church of Christ, Huntington Beach. �_r. 'male H.' Ecinly, . The City Clerk read a communication from Mr. Dale H. Heinly, written on behalf of his client 21r. William Lyon, the applicant and developer of tentative Tract No. 3903, appealing the decision of the Planning Commission rendered on September 20th, 1960, and giving therein reasons for the appeal. Mr. Heinly addressed the Council, and stater': that he thought it would be within the power of the City Council, if they so desired, to reverse the decision of the Planning Commission regarding tentative Tract Map 3903, although it was rot so stipulated in the Ordinance. He stated if this were not done, he;felt that it would be necessary for the Council to set a time for a Public Hearing on the appeal. On motion by. Stewart, seconded by Wells, a Public Hearing was ordered for Monday, October 3rd, 1960, at 8:00 o'clock P.M., or as soon thereafter as possible, on the appeal of the decision of the Planning Commission regarding tenta- tive Tract Nlap ivo. 3903, and the Clerk was instructed to publish notice of the same in the local Newspaper. Motion carried. "rs . 1✓L f is L . Chan7ne s s A communication from Mrs. Effie Lee Chamness, with an enclosure of a photostatic copy of the final discharge of her husband's estate, requesting the Council to consider her request for renewal of the lease granted to him for r 5 Para ;r2 - i sinutes, September 2.6th, 1960 ,f the operation /a Beach Concession, was read by the Clerk. On motion by Lambert, seconded by Stewart, the request of T•?rs. Chamness be referred to the City Administrator and the City Attorney to check and study, and report back to the Council. Motion carried. I-Ir. Amos Anshutz A communication from iTr. Amos W. Anshutz, 710 loth Street, City, requesting Council to consider the appointment of a Committee of responsible citizens to study and formulate -a proposition for the future appointment of the Police Chief, and to abolish the elective approach now used, was read by the Clerk. Councilman '.:ells Councilman Wells stated that, in his opinion, the proper method for accomplishing this change would be to have sufficient citizens sign a refer- endum petition to place it on the ballot. He stated he believedothis method would relieve the Council of any responsibility in the method established for this selection. On motion by Stewart, seconded by Wells, the letter from Mr. Anshutz was ordered received and filed. Motion carried. Public ,Iearin.- Mayor Gisler announced that Resolution 'No. 133 this was the date and time set for a Public Hearing on Resolution No. 133 of the City Planning Commission, recommending Zone Case No. 133, and instructed the Clerk to read the legal notice. The Clerk read notice of hearing Zone Case No. 133, as published in The Huntington Beach News on September 15th, 1960, setting the hour of 7:30 o'clock P.M., or as soon thereafter as possible, on Monday, the 26th day of September, 1960, for the purpose of considering a petition for change of zone, relative to proposed change of District Boundary and Use Classification -2- 1426 Pa.-c 7.'" - 1,7inutes, �entember 26th, 1960 from: �4-1 Light Industrial District as adopted by Interim Ordinance No. 668 to M-2-0 Industrial District. Mayor Gisler declared the hearing open, and invited any interested persons to speak thereon. The Clerk stated that there had been written protests filed in Zone Case No. 133. There being no protests filed, either oral or written, in Zone Case No. 133, Mayor Gisler declared the hearing closed. On motion by Lambert, seconded by Stewart, City Attorney be instructed to prepare an Ordinance covering Zone Case No. 133. Motion carried. Petition for Annex. The City Clerk read a petition for of UninhaUit& Territory annexation of certain uninhabited territory in accordance with the "Annexation of Uninhabited Territory" Act of 1939 of the State of California - said Annexa- tion designated as "Newland No. 1 Annexation", and signed by property owners representing approximately 62. 2-70 of the property by assessed valuvation. esolution ,o . t'�37 The Clerk read Resolution No. 1437, "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 DESIGNATED AS "NEWLAND NO. 1 ANNEXATION", AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTEST THERETO." On motion by Lambert, seconded by Stewart, Resolution No. 1437 was passed and adopted by the following roll call vote: AYES: Wells, Lambert, Stewart, Gisler NOES: None ABSENT: Waite Subdivision 12,onc' Subdivision Bond No. 1526358 for i+o . 15263.5.�`) i Dorset Homes and Bresa Del Mar - 3- 427 Pace 5Y.• - 1:inutes, September 26th, 1960 as Principle and Continental Casualty Company as Assurer, was presented by the Clerk. On motion by Lambert, seconded by Stewart, Bond No. 1526358 be accepted and filed. Motion carried. Raod Easetpent. A Read Easement Deed between Leer'. the Southern California Edison Company as grantor, and the City of Huntington Beach as grantee, granting an Easement for road purposes, was presented by the Clerk. On motion by Stewart, seconded by Lambert, the Deed between. the Southern California Edison Company and the City of Huntington Beach be received and the Clerk instructed to record same with the County Recorder of Orange County. Motion carried. Pub-lic ilearir.r- Mayor Gisler announced that Reso. No. 1035 this was the date and time set for the continuation of a hearing on Resolution No. 1035 of the City Planning Commission; Recommending Adoption of a Master Plan of Drainage - 1960, which was continued from the meeting of September 101th, 1960, and declared the hearing open. The Clerk stated that there had been no written protests filed for or against Resolution No. 1035. City Enrrinecr City Engineer Wheeler explained 'vr�l�celer that under a new section of the State Subdivision Act, a City may impose an assessment on subdividable property by Ordinance if that City has adopted a Drainage Yaster Plan. He then explained to the Council the nine drainage areas which would be set up under the raster Plan which was being presented for adoption. !EAR 428 nu.tL.,s , Septor-ber 26th, 1960 Mr. Wheeler said that if our Master Plan was adopted, it must be submitted to the County Board of Supervisors to see if it coor- dinates with the Master Plan of the County Flood Control District. There being no protests filed, oral or written, the Mayor declared hearing closed. - Cn motion by Lambert, seconded by Stewart, the City Attorney be instructed to prepare an Ordinance in connection with Resolution No. 1035 adopting a Master Plan of Drainage. Motion carried. cis:: t,rsrent The Clerk presented reimbursement ."��rccr:�ents agreements between the City of Huntington Beach and the Evans Building Company, together with a letter from City Engineer James R. Wheeler, recommending that the agreements be accepted in connection with Tracts No. 1813 and No. 3573. �i.tyLn,-i.neer ;!l('.C-1.er City Engineer —heeler explained to the Council that the subdivider had agreed to install certain sewers outside of the Tracts which they were developing, and that this agreement was to reimburse them for the work they had done, from the Sewer Fees which they had previously paid to the City. On motion by Lambert, seconded by Stewart, the Mayor and City Clerk be authorized to execute the reimbursement agreements between the City of Huntington Beach and the Evans Building Company. Motion carried. cs�. o. 1'�'" Resolution No. 1438, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, RE: SALE OF WATER TO PROPERTY TO BE ANNEXED TO THE CITY OF HUNTINGTON BEACH", was read by the City Clerk. "Ju17.ci lean r` S Councilman Wells requested and was granted permission to be excused from consideration of this Resolution, due to a relationship with the party involved. - 5- 429 Page #6 - 11inutes, September 216th, 1�60 On motion by Lambert, seconded by Stewart, Resolution No. 1438 was passed and adopted by the following roll call vote: AYES: Lambert, Stewart, Gisler NOES: None ABSENT: Waite NOT VOTING: Wells 1` r.R.alph Kiser_ Nr. Ralph Kiser, Manager of the Southern California Edison Company, addressed. the Council and introduced Mr. Walter C. Richardson, Senior Right -of - Way Agent for the Edison Company. "r. 7,ic?iares n Mr. Richardson addressed. the Council, andstated that he would like to present a pro- position for the purchase of the property they had been seeking to acquire, by accepting the City's offer made at the meeting of September 6th, 1960, to sell the property for the sum eighty five hundred dollars ($8500.) plus severance damages or other claims against the property, with the City reserving Oil and Mineral Rights below a depth of five hundred feet. Mr. Richardson informed. the Council that after considerable sti-J-y, he felt that the most feasable way of providing drilling sites for the City's lessee to develop the oil beneath the Edison property, would be through a piece of property which the City presently owns, adjacent to the East side of the Edison Company Transmission Line Right -of -Way leading into the Steam Plant property. Mr. Richardson further stated that he believed the piece of property he was suggesting was approximately 200 feet and was presently occupied by a sand blastin- co7�Dvnv t.1zo were leasing from the City on a month to month basis. He said this proposition would entail exchange of drill sites to which he thought the City's 430 Sente:r:lber 26th, 1c,60 lessee would agree, and that the present tenants would be permitted to remain until the operator was ready to proceed with drilling operations. Councilman Waite arrived at 8:30 o'clock P.M. Mr. Richardson then pointed out on a map the area involved, and the particular parcels which would be exchanged in the transfer of drilling sites. ,(-ccss of tot i;c.il the Council at 8:39 o'clock P.M. (:ouncil Reconvenes Mayor Gisler called.a recess of Council was recalled to order at 5:48 o'clock P.M. On motion by ''ells, seconded by Stewart, the City agree to sell to the Southern California Edison Company the 1.99 acre parcel which is 100 feet x 800 feet, lying immediately aejacent to their Steam Plant on the East side, between the Edison property and the Talbert Drainage Channel, for the sum oL eighty five hunered dollars ($8500.), with City to receive any money from Severance damages or other claims against the property, and to retain all oil and mineral rights, below a depth of 500 feet, and granting the Southern Cali.fcrnia. E'ci.son CoiTipany permission to take immediate possession of the property, providing they furnish the City with a letter to save and hold harmless during any period of occupancy prior to comple- tion of the sale. Motion carried. 'eL iror, Git�7 The City Administrator presented cr a memo from Cite Engineer '.Wheeler requost.ing pe=..ission for I.r. Dennis Smith to attend a course at the University of California, Los Angeles, in Concrete Tech- nolcgy, with a tuition of thirty five dollars ($35.00), to be reirmbursec at the end of the,course. On motion by Lambert,.secondee by Stewart, .`r. Dennis Smith be granted permission to attend the course IWA 4 3 1 agc: ;F8 - Tinutes, September 26th, 1960 at U.C.L.A., to be reim'oursed for the thirty five dollar ($35..00) tuition fe.e upon successful completion of. the course. 1.1oti.on carries . L'car.;_n` hel_C. )v the The City Administrator informed utate Lanr"s Commission the Council that hE has been not.3_fie_-d of a hearing to be held by _the State Lanes Comm- ission in Sacramento on Thurscay, September 29th, at �ti=h _ch time the State's interest in the property included in the City's "Sunset I?arbour rinnexation" was to be considered,.. Mr, 11.111ler suggestec that the City shoule. be represcrtf C,, at that ':,.caring . Cn motion by Stewart, seconded by `. ai_te, the City Administrator be authorized to attenc' the meeting of the State Lands Commission in Sacramento, �%Ti.th reasonable expenses allowed. Motion carried. Ci t'� �nrineer E ca=unication from the City :rheel.cr Engineer requesting Council to authorize reimbursement to Moore Homes for certain off tract ;ti7ork in connection with extension of sowers, which hae 1=,�en performed by their company, was presented by the -i.t= %cn:ini strator. " ic- communication stated' that the City had -� been able to save a considerable amount of money in this sewer extension by utilizing the facilities of th(i, Con -- tractor on the job. On motion by Stewart, seconded by ,'aite, t'-ie C ` ty Treasurer be authorized to reimburse Hoore llom.es in the aiciount of three thousand four hunexree, five- collars ane' twelve cc�rits ($3,405.?2) for seder cyten- sion work off tract, upon thi "�nginecr-'­ certification, from the fees paid for Tract No. 3430. • Yotion carries'.. amcs r ;,,heeler A communication from James l;. `�hecler, City Engineer, requesting that five men in the `street Department and one Mechanic be changed from an hourly basis to a permanent ms+nt", s'-.<<11,s , was' presented by the City Administrator. M 61 ? 7 : reptem.be:r 26th, 1�60 Cn -tlotio�� by +ai.te, s-econded. by Stewart, I'`r. Cscar D. Fritz, M. Charles �, I'`ountford, i'i.r-. Arnold ':v . IiacBeth, 3'r. James L. Solomon , and I r. Hugh 1 Spi.Llers of the Street Department be chanted to a permanent monthly basis; and i.`r, Don Niccoli be chan-ed on the payroll to a Mechanic I on a permanent monthly basis. lotion carriec'. irc_Sct r~r t?4l_ ` i_­i ,� City Administrator Miller presented r lI'rc l .a - - the matter of directional signs for Churches which had been referred to him and the City Engineer at a previous meeting, anc quoted from Section 8539.1 of the I1untinaton Beach Ordinance 'Code, which denies -any person the right to install such s isiis . Following consi0er.a.ble discussion by the Council on this matter, a inotion was mace by Stewart, seconded by ' aite, that the rc_,quest of the Churches be denied, a.nc the applicants notified of the action of the Council. Motion carried. e ,leS , r : _t A request from the City Emplayees' Association for the sum of eleven dollars ($11.00) to reimburse them for a deficit acquired through the Annual Picnic, was presented by the City Administrator. On motion by Lambert, seconded by Wells, the City Employees'Association be paid the sum of eleven dollars ($11.00) additional for their Annual Picnic. Motion carried. A Reimbursement Agreement between City; of :lla an(' C eneral the City of Huntington Beach and the General 'Telephone Company for the installation of Water gains between the intersection of Nichols and Slater to the West sie'c of Gothard Street at the Telephone Company property, with the Telephone Company to -be reimbursed by additional users of the line as they connect thereto, was presented by the Clerk. On motion by Lambert, seconded by ':;mite, the Mayor and City Clerk be authorized to execute the -9- 433 s Page #LO - Minutes, September 26th, 1960 reimbursement agreement between the City of Huntington Beach and the General Telephone Company. Motion carried. The Clerk informed the Council. Emergency 'Xeetia that the West Orange County :dater Board had held an emergency meeting on the afternoon of September 26th, 1960, to consider a deficit in the funds provided by the entities comprising the board.. He stated that Resolution No. 15 of the West Orange County Water Board had been read and adopted by the Board, requesting the entities making up the Board to increase the amount on deposit with the City of Huntington Beach, as Fiscal Agent for the Board, in order to provide additional funds for the payment of bills. The Clerk stated that Resolution No. 15 provided an increase to be made by the City of Huntington Beach of fifteen hundred dollars ($1500.) for their portion of the fund bringing their total deposit in the fund. to four thousand dollars ($4,000.), and requested the Council to favorably consider approving this action. On motion by Waite, seconded - by Lambert, Council approved the increase of fifteen hundred dollars ($1500.) by the City of Huntington Beach in the fund of the West Orange County Water Board, making the total on deposit therein four thousand dollars ($4,000.),and auth- orizing City Treasurer to pay same to the fund. Motion carried. Warrant for Reim. A Warrant for the reimburse - of .'....r.15. ment of the ;lest Orange County Water Board Fund for the City of Huntington Beach in the amount of nine hundred seventy two dollars and seventy nine cents ($972.79), was presented by the Clerk. On motion by Waite, seconded by Lambert, the Warrant was approved. Motion carried. -10- 434 lw a�e I'Al - 1 illutes , Septcmlher 26th, 1960 ,-arrant authorizing Payment' on behalf of A var.rant authorizing the payment of three thousand .dollars ($3,000. ), on behalf of the Nest Grange County Water Board to the Orange County Municipal rater District. 4s.partial payment of the July bill, was presented by the Clerk. On motion by Waite, seconded by Lambert, the Warrant be approved. Motion carried. Counciln ra :;ells Councilman Wells informed the Council that his attention had been called to the lack of benches on the Pier, and stated that he had made an investigation of the number of benc'1e.s in tYa t area. ity ii.Cministrator The City Administrator said that he and the City Engineer had made a survey approximately sixty days previous, on the number of benches that could be used along the Pier and near the Pavalon Building. He stated that the City Yard had designed a bench which was very satisfactory, and that they thought of fabricating them during a slack period in the Fail. On motion by Stewart, seconded by Waite, the matter of obtaining and placing benches on the Pier be referred,to the City Administrator and Engineer to handle. Motion carried. .Lee On motion by Stewart, seconded xiCi �ourn eCC by Lambert, the regular adjourned meeting of the City Council of the City of Huntington Beach was adjourned. Motion carried. ATTEST - City Cle City Clerk an -of icio Clerk of the City Council of the City of Huntington Beach, California Mla3for a -11-