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HomeMy WebLinkAbout1963-01-3011 MINUTES Council Chamber, City Hall Huntington Beach, California Wednesday, January 30, 1963 CITY O F 'G P.O. BOX 190 C A L I F 0 R N I A CALL FOR SPECIAL MEETING OF ROBERT M, LAMBERT, MAYOR CITY COUNCILMEN ERNEST H. GISLER JAKE R. STEWART THOMAS H. WELCH Robert M. Lambert, Mayor LYNDON A. WELLS. SR. Ernest H. Gisler,Councilman CITY CLERK Lyndon A. Tells, Councilman PAUL C. JONES Jake R. Stewart, , Councilman TREASURERThomas H.. Welch Councilman. BETTY DIEKOFR IEK� OFFICIALS DOYLE MILLER ADMINISTRATIVE OFFICER BRANDER D. CASTLE ASSISTANT ADMINISTRATOR JAMES R. WHEELER ENGINEER JAMES D. PLUNKE7T CITY ATTORNEY HOWARD ROB1DOUX POLICE CHIEF ❑ELBERT G, HIGGINS FIRE CHIEF VINCENT G. MOORHOUSE LIFEGUARD CIiIEF OLLIN C. CLEVELAND BUILDING DIRECTOR WILLIS.C. WARNER PLANNING DIRECTOR Gentlemen: Your are hereby notified that a Special Meeting of the City Council of the City of Huntington Beach, California, is called for.and will be held in the Council Chamber of the City -Hall at the hour of 7:30 P.M., on Wednesday, January 30, 1963, for the purpose of consideration and action on problems of multiple family developements in the area, situated on the west side of Goldenwest Street, south of Brunswick Drive. Dated: January 28, 1963 7z-? May r of the City df Huntington ATTEST: Beach, California City I hereby certify that I received the above notice, CALL FOR SPECIAL MEETING OF THE CITY COUNCILMEN, prior to 7:30 P.M., on Tuesday, January 29, 63, and consent to said meetin Councilman Counci Counc Counci ZUe3 MINUTES Council Chamber, City Hall. Huntington Beach, California Wednesday, January 30, 1963 Mayor Lambert called the Special Meeting of the City Council of the City of Huntington Beach to order at 7:30 o'clock P.M. The Pledge of Allegiance was given by all E present in the Council Chamber. ! Councilmen Present: Wells, Stewart, Welch, Lambert Councilmen Absent: Gisler i Call for Spl. Mtg. The Clerk read the Call for Special. Meet - Read by Clerk ing which had been received and consented to by all members of the City Council prior to 7:30 o'clock P.M. on Tuesday, January 29th, 1963, for the purpose of consideration and action on problems of Multiple Family Developments in the area situated on the west side of Goldenwest Street, south of Brunswick Drive. CALL FOR SPECIAL MEETING OF CITY COUNCILMEN Robert M. Lambert, Mayor Ernest H. Gisler, Councilman Lyndon A. Wells, Councilman Jake R. Stewart, Councilman Thomas H. Welch, Councilman Gentlemen: You are hereby notified that a Special Meeting of the City Council of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of'the City Hall at the hour of 7:30 P.M., on Wednesday, January 30, 1963, for the puacpose of consideration and action on problems of multiple family developments in the area situated on the west side of Go denwest Street,esouth of Brunswick Drive. Dated; d..January 28, 1963 Robert M. Lambert Mayor of the C ty oF Hunt ngton ATTEST: Beach, California Paul C. Jones City Clerk I hereby certify that I received the above notice, CALL FOR SPECIAL MEETING OF THE CITY COUNCILMEN, prior to 7:30 P.M., on Tuesday, January 29, 1963, and consent to said meeting. Councilman Robert M. Lambert Councilman Jake R. Stewart Councilman Thomas H. Welch Councilman Ernest H. Gisler Councilman Lyndon A. Wells _1_ (1/30/63) zui * Page #2 - Minutes, January 30, 1963 Purpose of Mayor Lambert announced that this meeting had Special Meeting been called for further consideration of problems of multiple family development in an area situated on the west side of Goldenwest Street, south of Bruns- wick Drive, presently zoned R-5. He then requested the Clerk to read the communication which had been received by all Councilmen, from Mr. Leon B. Traub of the law firm. of Wolver & Wolver of Los Angeles, re- presenting the Domain Development Company, Permittees under the build- ing permit issued for the erection of apartments in the area in question. Comm. from Wolver The Clerk read the communication from Wolver & Wolver - Read & Wolver informing the Council that they were preparing a. counter -brief regarding the permit issued for buildings at they.corner of Goldenwest Street and Brunswick Street; and notifyi#g the City, the Mayor. and•the Councilmen, that revocation of any building permits which had been issued, would cause their client to suffer severe damages 6r which the C ty and -each Councilman individually would be held responsible. Comm. from City The Clerk then read a communication from the -° Attorney - Read City Attorney pertaining to, the -question of:. whether or not the City has the power to revoke a building permit after issuance. The City Attorney s com- munication informed the Council that the City does not have the power to revoke the building permit which had been issued, but if such action were taken, a damage suit might be instituted against the City and the Councilmen individually. Mr. Plunkett further stated in the communication that it was his tbo&Aht that the situation in question is between two land owners pertaining to a civil matter, and that any controversy over issues should be resolved between the parties in a court of law, and not before the City Council. Comm. - Lincoln & The Clerk then read a communication from Mr. Wall - Attorneys Jack Lincoln of the law firm of Lincoln & Wall of Huntington Beach, who are represent- ing the Golden West Homeowners Association in the controversy concern- ing the construction of apartments in the area in question. Mr. Lincoln in his communication stated that there is no question in the mind of the City Attorney that the City .Council does have the power to act and revoke the building permit which has been issued. Mr. Lincoln further stated that there is no case that has ever been de- cided in the State of California, where any liability existed on the part of any Legislative Body having the power to act, or its members, where they acted in accord with their power. Mr. Lincoln further refuted the opinion of the City Attorney, that this is not a situation. between two land owners pertaining to a civil matter, but rather a -situation that can only be corrected by action of the City Council and/or -the initiative.of the voters of Huntington Beach. Mr. Jay Wall Mr, Jay Wall, of the law firm of Lincoln & Attorney Wall., addressed the Council and introduced Mr. Mac Bangoy, president of the Golden West Homeowners Association. -. Mr. Bangoy - G.W. Mr. Bangoy addressed the Council and register - Homeowners Assn.. ed a final plea on behalf of the homeowners, ^' waiving the rights of individuals to speak and to allow Lincoln & Wall to represent them. 1` � Mr. Wall' Mr. Wall again addressed the Council -and Re -states Purpoee, stated that he felt the purpose of the' "Special Meeting, as far as the homeowners were concerned,. -'was to .have the building permit which had been issued, revoked. He mead Section 9391 of the Huntington Beach Ordin- ance Code concerning -the -primary purpose of the R-5 zone. Hey also quoted from.Cal.Jur regarding the "power of 'a Legislative Body to act", and the "immunity of a Legislative Body"; and from•.the California State Government Code, Section G5806,t.. concerning a temporary interim zoning ordinance. Mr. Wall then presented points and authorities alleging that 4he builder has no vested rights in the property, and requested that Council revoke the building permit which had been issued to the Domain Development Company. -2- (1/30/63) 205 Page #3 - Minutes, January 30, 1963 Mr. Leon B. Traub Mr. Leon B. Traub, attorney for the Att�-._for Permzttee Permittee, addressed the Council and gave a summary of facts to date.. He informed the Council that in the development of this property, the Domain Development Company would build a fence along the property line. Mr. Jobn Lana Suet Westin. Schools School District, and speak. School District Problems area, and stated the ated to the people in Mr. Bangoy of the Homeowners Association then introduced Mr. John Land, Superin- tendent of the Westminster Elementary requested Council permission for Mr. Land to Mr. Land addressed the Council and discussed the problems facing the School District, to provide adequate schools for people in the Council, as well as the District, was oblig- that area in this endeavor. 11m.. G. Moody, Agent Mr. William G. Moody, representing Domain Domain Dev. Co. Development Company, addressed the Council to give facts concerning the completion of the escrow on the property in question. Mr. Moody made refutations concerning information which had been presented by attorneys for the Homeowners Association, as well as the Superintendent of the Westminster Schools. Mr. Haines Mr. Haines, 15431 Norwich Circle, City, addressed the Council and made a plea for revocation of the building permits on behalf of the homeowners of the Association, pointing out to the Council that these people also had considerable investment in their properties. Mr. Carl Doumani Mr. Carl Doumani, owner of the property Omer - Domain Dev, involved in this matter, addressed the Council and stated that, prior to proceed- ing with development of the property, he had checked all aspects concerning it thoroughly. He informed the Council that he had checked the zoning, had checked the requirements of the Building Department, had presented plans for their approval, and had done all these things in the manner prescribed by the City. Recess Called A recess was called by the Mayor at 8:55 o'clock P.M. Council Reconvened Council was reconvened at 9:10 o'clock P.M. by the Mayor. Mayor Lambert. Mayor Lambert then called upon Planning Director Warner to give any facts pertain- ing to this case. Willis C. Warner Mr. Warner addressed the Council and Planning Director pointed out the various uses permitted in the R-5 zone; the intent of this zoning, and commented on high density dwellings as set forth in this zone classification. Mr. 0. C. Cleveland Mr. 0. C. Cleveland, Director of Building Building Director and Safety, addressed the Council and stated that the zoning was checked prior to the issuance of the building permit, and no reason was found to prevent his department from issuing such permit when the builder had complied with all requirements. James R. Wheeler City Engineer James R. Wheeler addressed City Engineer the Council and informed them that the ^' applicant had complied with all conditions by applying for the necessary sewer, drainage and engineering permits. -3- (1/30/63) 206 Page_#4 - Minutes, January 30, 1963 Mayor Lambert Mayor Lambert called upon the City Attorney to inquire whether he had anything further to give in regard to this matter. James D.Plunkett City Attorney Plunkett informed the Council City Attorney that he had made his position clear inithe letter he had sent to them, and.he further stated for the record, that before the building permit was issued, members of the Homeowners Association in a meeting, had been advised by him to get an injunction to prevent further activity in development of the property. Mr, Wall Mr. Wall addressed the Council and stated that Attorney neither he nor his clients were disputing the fact that the developer had taken all the necessary steps and had met all requirements, Mr. Traub Mr. Traub again addressed the Council and Attorney stated that if the City should revoke the contract, someone must pay any damages which the injured party might incur. Mr. .Tack Lincoln Mr. Jack Lincoln of the law firm of Lincoln Attorney & Wall, addressed the Council to state that it was their feeling that an injunction would be of no value if the Council does not recognize the fact.that the zoning should be changed. Mayor Lambert Mayor Lambert then asked Mr. Wall what zoning he or the property owners believed should be given the property if it were changed from R-5. Mr. Wall Mr. Wall replied by stating that he believed Attorney the R-5 zoning should be revised to allow for Council consideration of proposed use before the issuance of any building permits. He then requested the Council to take steps to hold up proceedings in the construction of the multiple dwellings until an initiative petition could be circul- ated to put the matter on a ballot for a vote of the people. Revocation of Permit A motion was made by Stewart, seconded by Denied Welch, that, on the recommendation of the City Attorney, the request for revocation of the building permit be denied. Motion carried. Special Meeting On motion by Stewart, seconded by Welch, Adjourned the Special Meeting of the City Council of the City of Huntington Beach adjourned. Motion carried. 0, � � (; �. , -.7, /J City Clerk and officio Clerk of the City Council of the City of Huntington Beach, Ca 'fornia ATTEST: Mayor City C YA 3 -4- (1/30/63)