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HomeMy WebLinkAbout1968-04-15MINUTES Council Chamber, Civic Center. Huntington. Beach, California Monday, April 15, 1968 Mayor Shipley called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend Arlie Starn, Minister of the Church of God. ROLL CALL Councilmen Present: Coen, Bartlett, Gisler,.Kaufman, Stewart, Green, Shipley Councilmen'Absenta None MINUTES On motion 'by Bartlett, the minutes of the regular meeting of April 1, 1968, were approved and adopted as prepared and mailed by the City Clerk, Motion carried. CONDITIONAL EXCEPTION 68®1 TENTATIVE TRACT MAP 5562 The Clerk presented a transmittal from the Planning Department informing Council that when Council approved CE 68-1 on March 18, 1968, as a result of an appeal to the denial by the Planning Commission, they inadvertently failed to approve Tentative Tract Map 5562. On motion by Stewart, Council approved Tentative Tract Map No. 5562, with conditions stipulated by the Planning Commission. Motion carried. ZONE CASE NO 68-10 - DEFERRED The Clerk presented Zone Case No. 68-10 on property located 150 feet north of Heil Avenue, west of Springdale Street, from R1 to C2 zoning, with a 50 foot setback provision. The -Planning Commission recommended denial of this zone case. On motion by Green, Council deferred any action on Zone Case No. 68-10 to the meeting of May 6, 1968. Motion carried. 36 Page #2 - Minutes - April 15, 1968 to,Y FINAL TRACT MAP 6283 - ARMOUR BLDG CO The Clerk presented a transmittal from the Planning Director submitting final form of Tract Map No. 6283 for adoption as follows: Developer: Armour Building Company; Location: North of Atlanta, west of Bushard Street; Acreage: 10.395; Lots: 54; that the map had been certified by the Director of Public Works and the Secretary to the Planning Commission to be -true and correct in accordance with provisions of the City Subdivision Code. The City Council may accept dedications as shown on the map and approve the Final Map, subject to the following conditions: The City Clerk's signature shall be withheld pending the submittal and completion of the enumerated requirements. 1. Deposit of fees for water, sewer,drainage, engineering and inspection. 2a Deposit of Park & Recreation fees. 3. dignature of agreement. 4. Certificate of insurance. 5. Approval from the County Surveyor. 6, Bond for monuments. 7p Deed for underground water rights. 8. Bond for improvements. On motion by Stewart, Council accepted offers of dedication as shown on Final Map 6283, and adopted the map subject to conditions stipulated by the Planning Commission and subject to the condition that the park and recreation fees be paid at the same time as ally other fees, through a deposit with the title company. Motion carried. DEDICATION OF IMPROVEMENTS - TRACT 5148 The Clerk presented a communication from the Director of Public Works recommending acceptance of dedicated improvements, authorization for release of the Improvement and Monument. Bonds, and termination of the Subdivision Agreement in Tract no. 5148 - Bob Williams. On motion by Kaufman, Council accepted improvements dedicated for public use in Tract No. 5148; authorized the release of Improvement and Monument Bonds and termination of the Subdivision Agreement, and directed that the developer be notified by the City Clerk and the bonding company be notified by the City Treasurer. Motion carried. H'I- I O' , SUBDIVISION AGREEMENT - TRACT 6188 - LONG DE -YOUNG The Clerk presented a transmittal from the Director of Public Works of Monument Bond, Improvement Bond, and Subdivision Agreement for Tract No. 6188 - Long DeYoung. On motion by Kaufman, Council accepted Monument Bond No. 8SM-1582971 and Improvement Bond No. 8SM-158297 - American Motorists Insurance Company; approved Subdivision Agreement for Tract No. 6188, and authorized the Mayor and City Clerk to execute the document on behalf of the City, Motion carried. 36 Page #3 Minutes - April 15, 1968 CC-079 w NOTICE OF COMPLETION - E D JOHNSON The Clerk presented a communication from the Director of Public 'Works stating that work on the signalization of Warner Avenue and Gothard Street and Warner Avenue and Springdale Street: had been satisfactorily completed, and recommending Council accept the work on project CC-079. On motion by Kaufman, Council accepted the work on Project CC-079 - signalization of various intersections, completed by E. D. Johnson, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. Motion carried. l�XTCLAIM DEED - H B CHANNEL DO-1 - OCFCD ad_� The Clerk presented a communication from the Public Works Department transmitting a deed to quitclaim a right-of-way being occupied 'by the Huntington 'Beach Channel DO-1 to the Orange County Flood Control District;, as per Agreement. No. BA-66D01-274, dated December 7, 1966. On motion by Kaufman, Council approved the deed to quitclaim right-of-way as per Agreement No. BA-66DOl-27W to the Orange County Flood Control District, and authorized the Mayor and City Clerk to execute same on behalf of the City. Motion carried. CC-065 - NOTICE OF COMPLETION " SULLY MILLER The Clerk presented a communication from the Director of Public Works stating that work on improvements on Warner Avenue west of Beach Boulevard had been satisfactorily completed, and recommending Council accept the work on project CC-065. On motion by Daufman, Council accepted the work on Project CC-065 Warner Avenue Improvements, completed by Sully Miller, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. Motion carried. -�y ASSIGNMEiNTL AGREEMENT - HENRY H. BR'UDERL'.I.N The Clerk presented a communication from the Public Works Department transmitting an agreement between the City of Huntington Beach and Henry H. Bruderlin which assigns to the City all of Mr. Bruderlin"s interest in Reimbursement Agreement No. 103 for off -site water construction, amounting to $451.22; and a portion of his interest in Reimbursement Agreement No. 102 for off -site sewer construction, amounting to $6 26 .78 . 1 On motion by Kaufman, Council approved the assignment of said Agreements to the City of Huntington Beach, and authorized the Mayer and City Clerk to execute said Assignment Agreement. Motion carried. Page # 4 - Minutes - April 15, 1968 �A DEDICATION OF IMPROVEMENTS - TRACT 5193 The Clerk presented a communication from the Director of Public Works recommending acceptance of dedicated improvements, authoriza- tion for release of the Improvement and Monument Bonds, and termination of the Subdivision Agreement in Tract No. 5193 - Meredith Company. On motion by Kaufman, Council accepted improvements dedicated for public use in Tract 5193; authorized the release of Improvement and Monument Bonds and termination of the Subdivision Agreement, and directed that the developer be notified by the City Clerk and the bonding company be notified by the City Treasurer. Motion carried, CC-089 - BID - HAMILTON AVENUE STORM DRAIN PUMP STATION The Clerk read a communication from the Director of Public Works stating that bids for the construction of the Hamilton Avenue Storm Drain Pump Station on the north side of Hamilton Avenue between Brookhurst Street and the Santa Ana River had been opened at 9:00 A.M. on Monday, the 15th day of April, 1968, in the Council Chamber by the City Clerk, City Attorney, and the Director of Public Works, and that Healey Tibbitts Company, Long Beach, was the low bidder with a bid in the amount of $264,534.00. Mr. Wheeler recommended that the Council award the bid to Healey Tibbitts Company, and reject all other bids. The bids submitted were as follows: Healey Tibbitts, Long Beach $ 264,534.00 Lomar Corporation, Huntington Beach $ 278,856.00 E. J. Vadmais, Etiwanda $ 289,150.00 Pascal and Ludwig, Upland $ 290,000.00 Ra E. 2iebarth & S. B. Alper, Torrence $ 291,700.00 Ecco Engineering Contractors, Carden Grove $ 296,387.00 Southern and Associates, Long Beach $ 308,210.00 Polich, Benedict and Skamnes, Santa Ana $ 327.000.00 On motion by Coen, Council awarded the contract for Project CC-089 to Healey Tibbitts Company, the lowest responsible bidder, for the bid amount of $264,534.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders. Motion carried. it �{ CLAIM 14-68 - DENIED - FARRIS FARBER The Clerk presented a claim from Farris Farber for alleged damages to his automobile on or about March 28, 1968. On motion by Stewart, Council denied the claim filed by Farris Farber, and referred same to the City Attorney and the CityisInsurance Carriers Motion carried. 6-) LIBRARY ESTABLISHMENT GRANT The Clerk presented a request from the City Attorney for the Council to authorize the execution of the necessary documents to enable the Huntington Beach City Library to join the Orange County Cooperative Library System. 6 Page #5 - Minutes - April 15, 1968 On motion by Stewart, Council authorized the Mayor and.City Clerk to execute the necessary documents pertaining to the Orange County Cooperative Library System, on behalf of the City. Motion carried. 20 _Ii-1 ORDINANCE NO 1403 —ADOPTED - ZC 68-4 The Clerk gave Ordinance No. 1403 a second reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELAT"ING TO ZONE CASE NO 68-4; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY RECLASSIFYING DM-20 (Sectional District -Map 18-6-10)." On motion by Barltett, Council waived further reading of Ordinance No. 1403, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: Norte ABSENT- Councilmen; None ORDINANCE NO 1404 - ADOPTED - RATES OF BEACH PARKING LOT The Clerk gave Ordinance:No. 1404 a second reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING THAT THE RATES IN THE BEACH PARKING LOT SHALL BE ESTABLISHED BY RESOLUTION; REPEALING -SECTION 7531.6.1 AND AMENDING SECTION 7531.6 OF THE HUNTINGTON BEACH ORDINANCE CODE." On motion by Bartlett, Council waived further reading of Ordinance No. 1404, and passed and adopted same by the following roll call vote: AYES: Councilmen; Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO 1397 - FIRST READING - CODE AMENDMENT 67-15.-.OIL DISTRICT The Clerk gave Ordinance No. 1397 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO CODE AMENDMENT 67-15 - '0' Combining Oil District; AMENDING SECTION 9686 OF THE HUNTINGTON BEACH ORDINANCE CODE." On motion by Stewart, Council waived further reading of Ordinance No. 1397. When put to a vote, the motion passed unanimously. ORDINANCE NO 1405 - FIRST READING - ZC 68-7 The Clerk gave Ordinance No. 1405 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO ZONE CASE NO 68-7 COVERING REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF WARNER.AVENUE AND GREEN STREET; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY RECLASSIFYING DM-34 (Sectional District Map 29-5-11) ." 366 Page #6 - Minutes - April 15, 1968 On motion by Stewart, Council waived further reading of Ordinance No, 1405. When put to a vote, the motion passed unanimously. ORDINANCE NO 1407 - FIRST READING - UTILITIES FOR OIL WELLS The Clerk gave Ordinance No. 1407 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF HUNTINGTON BEACH AMENDING SECTION 9730.23B OF THE HUNTINGTON BEACH ORDINANCE CODE TO ALLOW OVERHEAD UTILITIES FOR OIL WELLS UNDER CERTAIN CONDITIONS SPECIFIED IN SAID SECTION 9730.23B." On motion by Stewart, Council waived further reading of Ordinance - No. 14-07, When put to a vote, the motion passed unanimously. qo ORDINANCE NO 1408 - FIRST READING - UNIFORM MECHANICAL CODE The Clerk gave Ordinance No. 1408 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTER 83 THEREOF AND ADOPTING A NEW CHAPTER 83 TO PROVIDE FOR THE ADOPTION BY REFERENCE OF THE UNIFORM MECHANICAL CODE, BEING VOLUME II OF THE UNIFORM BUILDING CODE, 1967 EDITION AND AMENDMENTS THERETO, PRESCRIBING MINIMUM STANDARDS FOR HEATING, VENTILATING, COMFORT -COOLING SYSTEMS AND REFRIGERATION SYSTEMS." On motion by Stewart, Council waived further reading of Ordinance No. 1408, When put to a vote, the motion passed unanimously. On motion by Stewart, Council directed the City Clerk to set Ordinance No. 1408 for a public hearing for May 6, 1968. Motion carried. ORDINANCE NO 1409 — FIRST READING - UNIFORM PLUMBING CODE The Clerk gave Ordinance No. 1409 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDENANCE CODE BY REPEALING CHAPTER 84 THEREOF AND ADOPTING A NEW CHAPTER 84 TO PROVIDE FOR THE ADOPTION BY REFERENCE OF THE UNIFORM PLUMBING CODE,1967 EDITION, AND AMENDMENTS THERETO." On motion by Stewart, Council waived further reading of Ordinance No. 1409. When put to a vote, the motion passed unanimously. On motion by Stewart, Council directed the City Clerk to set Ordinance No. 1408 for a public hearing for May 6, 1968. Motion carried. S_� RESOLUTION NO 2724 - ADOPTED - FIRE DEPARTMENT REGULATIONS The Clerk read Resolution No. 2724 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A CODE OF ETHICS AND RULES AND REGULATIONS FOR THE OPERATION OF THE HUNTINGTON BEACH FIRE DEPARTMENT AND THE CONDUCT OF ITS PERSONNEL, AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH." G7 Page #7 - Minutes - April 15, 1968 On motion by Barlett, Council waived.further reading of Resolution No. 2724, and passed and adopted.same by the following roll call vote: AYES: Councilmen: Coen, Barltett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION OF INTENT NO 2725 — ADOPTED - FRANCHISE-- STANDARD GAS CO The Clerk read Resolution No. 2725 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO GRANT A FRANCHISE TO STANDARD GAS COMPANY TO LAY, CONSTRUCT, REPAIR AND MAINTAIN A STEEL PIPELINE IN AND ALONG INDIANAPOLIS AVENUE BETWEEN MAGNOLIA AND BUSHARD STREETS, PUBLIC HIGHWAYS IN THE CITY OF HUNTINGTON BEACH, AND SETTING FORTH THE TERMS AND CONDITIONS OF SUCH FRANCHISE AND SETTING THE TIME AND PLACE FOR HEARING THEREON." On motion by Bartlett, Council waived further reading of Resolution No. 2725, and passed and adopted same by the following roll call vote: AYES: Councilmen:. Coen, Barltett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None (6 y RESOLUTION NO 2726 - ADOPTED- FIRST STREET TO LAKE STREET The Clerk read Resolution No. 2726 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CHANGING THE NAME OF FIRST STREET TO LAKE STREET." On motion by Bartlett, Council waived further reading of Resolution No. 2726, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen None / /?- /0 RESOLUTION 0 2727 — ADOPTED - CE 68-11 & TT MaR 6756 The Clerk read Resolution No. 2727 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING CONDITIONAL EXCEPTION NO 68-11, TENTATIVE TRACT MAP NO 6756." On motion by Bartlett, Council waived further reading of.Resolution No. 2727, and passed and adopted same by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None 368 Page #8 - Minutes - April 15, 1968 RESOLUTION NO 2728 - ADOPTED - ASSEMBLY BILL 1126 - SUPPORT The Clerk read Resolution No. 2728 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS SUPPORT OF ASSEMBLY BILL NO. 1126 INTRODUCED BY ASSEMBLYMAN BRIGGS, TO DISSOLVE THE HARBOR DISTRICT AND TRANSFER ITS FUNCTIONS TO THE COUNTY OF ORANGE." On motion by Bartlett, Council waived further reading of Resolution No. 2728, and passed and adopted same by the following roll call voice AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None REIMBURSEMENT AGREEMENT - COUNTY OF ORANGE The City Administrator presented a Reimbursement Agreement between the City of Huntington Beach and the County of Orange for the City's pro -rated share of costs for Stage 2 construction of the Federal Beach Erosion Control Project, in the amount of $6,275.00. On motion by Green, Council approved the Reimbursement Agreement between the City of Huntington Beach and the County of Orange, and authorized the Mayor and City Clerk to execute the Agreement by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None �4,� — qc,— 3�- CONTRACT - STATE RETIREMENT SYSTEM The City Administrator presented a proposed contract with the State Retirement System to conduct a study of costs for an adjustment to retirement pay for employees who have retired prior to 1962, with cost of study estimated at $200.00. On motion by Bartlett, Council approved the study with an estimated cost of $200.00, and authorized the Mayor and City Clerk to execute the contract with the State Retirement System by the following roll call vote: AYES; Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley. NOES: Councilmen: None ABSENT: Councilmen: None qi — I - -I PROTESTING ZONE CHANGE - MARGARET PREININGER The City Administrator presented a communication from Margaret Preininger, owner of property on the north side of Slater Avenue, 100 feet east of Beach Boulevard, requesting that her property be reclassified Cl from Rya This property was rezoned to R5 by Zone Case No. 67-22 and Ordinance No. 1349, which was adopted by the Council on September 18, 1967. 3G Page # 9 - Minutes April 15, 1968 On motion by Kaufman, Council referred this matter to the Planning Commission for study.Motion carried. SSG-3�, STATE TIDELANDS LEASE The City Administrator presented a proposed agreement between the City of Huntington Beach and the State of California - State Lands Commission, covering an area from Beach Boulevard to Warner Avenue, extending 2800 feet seaward. This lease agreement authorizes leases, sub -leases, franchises or permits, or other agreements for limited use of described area. On motion by Kaufman, Council approved the proposed agreement and authorized the City Attorney to proceed with the final form of the lease, and directed the Public Works Department to complete a legal description of the area to be leased. Motion carried. .PIER LIGHTING CONTRACT BID AWARD The City Administrator stated that since the time Council had rejected the bid from Smith Electric on April 1, 1968, for installation of lighting fixtures on the Municipal Pier, his office and City staff had been studying the problems in connection with the bid. Mr. Miller stated that the City staff had concluded that the bid submitted by Smith Electric is a good bid and that a savings probably could not be realized by readvertising the project. Discussion followed on the type of equipment to be used on the pier, and the preference of colored equipment. On motion by Stewart, Council awarded the Municipal Pier lighting bid to Smith Electric as it was originally bid on April 1, 1968, and directed the Administrator to negotiate with the contractorregarding colored equipment. Motion carried. MAYOR & COUNCILMEN CONFERENCE - ANAHEIM The City Administrator informed the Council of the Mayors' and Councilmens' Institute meeting to be held May 19 - 21, 1968, in Anaheim, California. On motion by Stewart, Council authorized any Councilman to attend said conference, with reasonable expenses allowed. Motion carried. 3 BUSINESS MAGAZINE - ADVERTISING The City Administrator informed the Council that the City expected its One Hundred Thousandth resident on approximately May 14,.1968. He recommended that we purchase a double page of advertising in the Orange County Business Magazine. Page #10 - Minutes - April 15, 1968 On motion by Bartlett, Council authorized the expenditure of $810.00 for advertising in the Orange County Business Magazine, by the following roll call vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RECESS Mayor Shipley called a recess of the Council at 5:35 P.M.Council was reconvened at 7:30 P.M. by the Mayor. .3Q PUBLIC'ADMINISTRATION AWARD Mr. Larry Sprecker, a representative from the American Society for Public Administration, addressed the Council and presented an award to the City and to Mr. Miller, City Administrator, for the progress the City has made in the field of Public Administration during the past year. Mr. Miller thanked the Society for the honor to the City and to himself. RESOLUTION - CALIF HIGHWAY COMMISSION The Clerk presented a letter from the California Highway Commission transmitting a Resolution adopted by that body on March 21, �968, stating their policy on planning and design of highway projects when parks are involved. On motion by Kaufman, Council received the Resolution from the Highway Commission and ordered same filed. Motion carried. q1 REQUEST - WAIVING RELOCATION FEES The Clerk presented a letter from Springdale Shores Realty requesting the waiving of relocation procedure fees for the relocating of a temporary wooden building to a site at Goldenwest Street and Edinger Avenue, to be used as an Administrative and Sales Office. On motion by Bartlett, Council granted the request of Springdale Shores Realty for the waiving of relocation procedure and fees. Motion carried. 4 n _.-)�, REQUEST - SPECIAL PARKING SPACE - BICYCLE TRAILS The Clerk presented a letter from Phyllis Salyer requesting bicycle trails to the beach and a special parking area for home taxpayers. On motion by Stewart, Council referred Mrs. Salyer's letter to the Recreation and Parks Commission for review, and also directed that a copy be sent the Department of Harbors and Beaches. Motion carried. CURRENT RATES - BOWERS AMBULANCE The Clerk presented a letter from Bowers Ambulance Service trans- mitting rates for service and indicating that the basic rate is due to be increased. The Clerk informed the Council that this was for information only. 371L Page #11 - Minutes - April 15, 1968 On motion by Green, Council received the letter from.Bowers Ambulance Service, and directed that same by filed by the Clerk:. Motion carried. r�7 $ CERTIFICATE OF NEED AND NECESSITY - PR ATE PATROL The Clerk presented an application fronf Statewide Special Patrol and Guard Service, 8172 Holt Street, Buena Park-j for a Certificate of Need and Necessity to provide merchants and business men with private patrol services. On motion by Bartlett, Council granted to Statewide Spe vial Patrol and Guard Service of Buena Park a Certificate of Need and Necessity to operate within the City, and directed the City Clerk to issue a business license for said business. Motion carried. MEDIAN OPENING - 9th STREET - COAST HIGHWAY The Clerk presented a letter from Mr. E. Clark Beaumont, Real Estates Investments in Newport Beach, expressing concern over proposed elimination of left turn lane and pedestrian crossing at 9th Street and Ocean 'Avenue'. Mr. Clark Beaumont, Newport Beach, addressed the Council and discussed the reasons for his request. On motion by Kaufman, Council denied the request of Mr. Beaumont for a left turn Lane at 9th Street and Ocean Avenue. Motion carried. RE UEST - ZONING STUDY The Clerk presented a letter from a property owner at 16072 Springdale Street requesting that Council direct the Planning Commission to make a study of the area at Springdale Street and Edinger Avenue for advisability of rezoning the area for higher and better uses than the present zoning allows. On motion by Coen, Council referred this matter to the Planning Commission for study of the area. Motion carried. S3 - PETITION - USE OF -PROPERTY The Clerk presented a letter from seven property owners in the vicinity of the 5900 block of Hacienda Drive complaining of the use being made of property located at 59.11 Hacienda Drive, and requested Council to help in this matter. On motion by Kaufman, Council referred this item to the Administrator and Staff for handling. Motion carried. HUNTINGTON PACIFIC CO - PEDESTRIAN CROSSINGS The Clerk read a letter from. the Huntington Pacific Company notifying the City of their intention to terminate leases between the City and Huntington Pacific Company, on property located between Main Street and 6th Street. 372 Page # 12 - Minutes - April 15, 1968 Councilman Coen made a motion to direct the execution of the letter of notification, but withdrew it before it was voted upon. Mr. Jerry Shay, representing Huntington Pacific Corporation, addressed the Council and informed them of the reasons for the lease terminations. . On motion by Stewart, Council deferred any action on this matter until the staff had studied the situation. Motion carried. SEAL'S AMBULANCE —RATE CHANGE The Clerk read a letter from Seal's Ambulance Service requesting.a hearing before Council in regard to their proposed basic rate change from $25.00 to $30.00. Mr. Dan Wasack, representing Seal's Ambulance Service, addressed the Council and reported on the various rates of ambulance service throughout Orange County. The Clerk presented a report from the Police Department.recommending approval, On motion by Green, Council directed the Attorney to prepare an Ordinance Code amendment changing the rate for ambulance service to $30.00, and authorized further changes to be made by Resolution. Motion carried. PUBLIC HEARING - ZONE CASE NO 68-5 — APPEAL - ESSEX LAND CO. Mayor Shipley announced that this was the day and hour set for a public hearing on an appeal by Essex Land Company to the denial by the Planning Commission of Zone Case No. 68-5, on property located on the south side of Atlanta Avenue, east of Brookhurst Street, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Zone Case No. 68-5, as published in the Huntington Beach News on March 28, 1968,.setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 15th day of April, 1968, in the Council Chamber, of the Civic Center, Huntington Beach, California, as the time and place for a public hearing on an appeal to Zone Case 68-5 for change of zone to regulations of the Districting Ordinance, from RA-0 Residential Agricultural District, combined with oil production, to R1 Single Family Residence District and C2 Community Business District, with a 50 Foot setback from the ultimate right-of-way line. The Clerk informed the Council that they had been provided with copies of the Planning Secretary's transmittal recommending denial, and stated that he had received no communications or written protests other than the letter of appeal. Mayor Shipley declared the hearing open. -373 Page #13 - Minutes - April 15, 1968 Mr. Clarence Minnel, representing Essex Lane Company, addressed the Council and discussed the subject area and the reasons for the request of zone change. Mr. Joe. McGinley, 10091 E1 Capitan Drive, City, addressed the Council and stated, on behalf of the Tri-Tract Homeowners Associa- tion, that the area residents supported this zone change. Mr. R. G. Berg, 20942 Spindrift Lane, City, addressed the Council and presented a petition signed by area residents in support of the zone change. There being no one further to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Gisler, Council overruled the decision of the Planning Commission and approved Zone Case No. 68-5, and directed the Attorney to prepare an Ordinance effecting the change of zone. Motion carried. PUBLIC HEARING - ZONE CASE NO 68-6 - APPEAL — FASHION HOMES INC Due to a possible conflict of interest, Councilman Gisler requested and was granted permission to abstain from action on the appeal Zone Case 68-6, and left his place at the Council table. Mayor Shipley announced that this was the day and hour set for a public hearing on an appeal by Fashion Homes Incorporated to the denial by the Planning Commission of Zone Case No. 68-6, on property located at the southwest corner of Brookhurst Street and Atlanta Avenue, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Zone Case No. 68-6, as published in the Huntington Beach News on April 4, 1968, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 15th day of April, 1968, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing on an appeal to the denial by the Planning Commission of Zone Case No. 68-6, for change of zone from R1 Single Family Residence District to R5 Office -Professional District and C2 Community Business District, with a 50 foot setback from the ultimate right-of-way line. The Clerk informed the Council that they had been provided with copies of the Planning Secretary's transmittal, recommending denial, and that he had received no communications or written protests other than the letter of appeal. Mayor Shipley declared the hearing open. Mrs. Ron Wells, representing Voorheis, Trindle and Nelson, addressed the Council and stated the reasons for the request of a zone change. Mr. Mervin Johnson, representing Fashion Homes Incorporated, addressed the Council and requested Council's approval of the zone change. 374 Page #14 - Minutes - April 15, 1968 Mrs. dim Place, 21142 Lockhaven Circle, City, an adjacent property owner to the subject property, addressed the Council and requested Council and requested Council uphold the decision of the Planning Commission and deny the zone change, There being no one further to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Coen, Council sustained the decision of the Planning Commission and denied Zone Case No. 68-6. Motion carried with Councilman Gisler abstaining. 170 -- PUBLIC HEARING - ORDINANCE NO 1401 - WATER.HEATERS - DELETED FROM AGENDA Mayor Shipley announced that this was the day and hour set for a public hearing on Ordinance No. 14-01 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO PLUMBING; AMENDING THE UNIFORM PLUMBING CODE, 1964 EDITION, BY ADDING SECTIONS 8411,1(e) and 8411.1(f) TO THE HUNTINGTON BEACH ORDINANCE CODE." The Clerk read notice of public .hearing on Ordinance No, 1401, as published in the Huntington Beach News on April 4, 1968, setting the hour of 7s30 P.M. or as soon thereafter as possible, on Monday, the 15th day of April, 1968, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing for the purpose of considering Ordinance No. 1401 of the City Council of the City of Huntington Beach relating to water heaters. The Fire Chief made a report prepared by the Fire Department on various types of water heaters located in garages, and the placing of same on the floor level and elevated two feet. On motion by Stewart, Council directed that this Ordinance be deleted from the agenda with no action being taken on same. Motion carried, RECESS Mayor Shipley called a recess of the Council at 9:25 P.M. The meeting was reconvened at 9:50 P.M. by the Mayor. PUBLIC HEARING - ZONE CASE NO 68-8 — APPROVED Mayor Shipley announced that this was the day and hour set.for a public hearing on Zone Case No. 68-8, on property located south of Garfield Avenue and east of Magnolia Street, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Zone Case No. 68-8, as published in the Huntington Beach News on April 4, 1968, setting the hour of 7030 P.M,, or as soon thereafter as possible, on Monday, the 15th day of April, 1968, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing for the purpose of considering a petition for a change of zone to regulations of the Districting Ordinance, from R2 Two Family Residence District to Rl Single Family Residence District. 371 Page #15 - Minutes - April 15, 1968 The Clerk informed the Council that copies of the Planning Secretary's and stated that he had received no to Zone Case No. 68-8. they had been provided with transmittal, recommending approval, communications or written protests Mayor Shipley declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. .On motion by Stewart, Council directed the City Attorney to prepare an Ordinance effecting the change of zone in Zone Case No. 68-8. Motion carried. Il"7— PUBLIC HEARING - CE 68-14 - APPEAL - SHELL OIL CO Mayor Shipley announced that this was the•day and hour set for a public hearing on an appeal by Shell Oil Company to the denial by the Planning Commission of Conditional Exception No. 68-14, on property located at the northwest corner of Wartier Avenue and Gothard Street, and directed the Clerk to reed the legal notice. The Clerk read notice of public hearing on Conditional.Exception No. 68-14, as published in the Huntington Beach News on April 4, 1968, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 15th day of April, 1968, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing on an appeal to the denial by the Planning Commission of Conditional..Exception No. 68-14, to permit the development and operation of a wholesale, retail thrift bread store in the R3 Limited Multiple Family Residence District. The Clerk informed the Council that they had been provided with copies of the Planning Secretary's transmittal recommending denial, and stated that in addition to the letter of appeal, a letter had been received from the Pacific Drive -In Theater. Corporation registering objection to a possible lighting conflict with the Drive -In on the adjacent corner. They stated that they were not objecting to the Conditional Exception. Mayor Shipley declared the hearing open. Mr. Williard Pool, representing Shell Oil Company, addressed the Council and stated that Shell Oil Company would rather establish the bread shop on this property than the proposed service station. He requested Council's approval of the Conditional Exception. Mr. Dale Dowdy, representing Shell Oil Company, addressed the Council and requested approval of Conditional Exception 68-14. There being no one further to speak on the matter, and there being no -protests filed, either oral or written, the hearing was closed by the Mayor. 43 d T5 Page #16 - Minutes - April 15, 1968 On motion by Bartlett, Council overruled the decision of the Planning Commission and approved Conditional Exception No. 68-14, and referred same to the Board of Zoning Appeals for possible conditons to be imposed, Motion carried. 1�1-Ibrj PU_BLTC HEARING - CONDIfIONAL .E'Xcun..ON 68-16 T `.r MAP 591.7 m APPEAL - LAMB Mayor Shipley announced that this was the day and hour set for a public hearing on an appeal by il E. Lamb to the denial by the Planning Commission of Conditional Exception No. 68-16, on property located south of Garfield Avenge and east of Magnolia Street, and directed the Clerk to read the legal notice, The Clerk read notice of public: hearing on Conditional.Exception No. 68-16, as published in the Huntington Beach News on April 4, 1968, setting the hour of 7730 P.M., or as soon thereafter as possible, on Monday, the 15th day of April, 1968, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for, a public hearing on an appeal to the denial by the City Planning Commission of Conditional Exception No. 68-16, to permit the following 1a 46 foot, 50 foot, 52 foot and/or 54 foot right of way streets as indicated on accompanying map of 'Tentative Tract No. 5917. Subject streets to be, in compliance with standards proposed by the Deputy Director of :Public Works, and approved by bath the Planning Commission (August 3, 1965) and City Council (September 7, 1965) 2. 10 toot minimum front yard setbacks for fences not over six feet in height, for garages with side -on -to -street approach and for other portions of a residence. (Note: Front setback requirements for garages entered directly from the street to be 22 ft. mine). 3, 10 foot minimum rear yard setback on irregular shaped lots, providing an average rear yard depth of 20 ft. is maintained. On other lots 10 ft. minimum rear yard setback for a portion of a house provided the remaining rear yard has 900 square ft. minimum of area with the minimum rear yard depth being 20 ft. 4. Every 6 consecutive lots to average 60 feet in width (.at a 20 foot setback from front property line) with an average 6,000 minimum rectilinear lot shall not be less than 50 feet in width with 5,000 square feet of lot area, including corner lots)., The Clerk informed the Council that they had been provided with copies of the Planning Secretary's transmittal, recommending denial, and that he had received -no communications or written protests, other than the letter of appeal. Mayor Shipley declared the hearing open. Mr. Russ MacQuiddy, representing the applicant, addressed the Council and requested Councils approval of the Conditional Exception and Tentative Tract. 377 Page #17 - Minutes - April 15, 1968 There being no one further to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Stewart, Council overruled the Planning Commission and approved Conditional Exception No. 68-16, and directed the City Attorney to prepare a Resolution approving Conditional Exceptions 68-16. Motion carried. On motion by Stewart, Council approved Tentative Tract Map 5917, with conditions stipulated by the Planning Commission. Motion carried. .?U t.us PUBLIC HEARING — CODE AMENDMENT 68-2 - STREET WIDTHS —APPROVED Mayor Shipley announced that this was the day and hour set for a public hearing on Code Amendment No. 68-2, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Code Amendment No. 68-2, as published in the Huntington Beach News on April 4, 1968, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 15th day of April, 1968, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing for the purpose of considering a code amendment to Division 9 of the Huntington Beach Ordinance Code, pertaining to the revision of street widths for local streets. The Clerk informed the Council that they had been provided with copies of the Planning Secretary's transmittal, and stated that he had received no communications or written protests to Code Amendment.No. 68-2. or to the recommendation of approval of the Planning . C ommis s ion . Mayor Shipley declared the hearing open. Mr. Marc Porter, 19842 Providence Lane, City, addressed the Council and requested information on Code Amendment No. 68-2. Mr. Bob Dingwall, 19791 Estuary Lane, City, addressed the Council and discussed the need for wider service roads. There being no one further to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The Clerk gave Ordinance No. 1406 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TO HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9941.3 OF ARTICLE 994, CHAPTER 99, RELATING TO HIGHWAY AND STREET WIDTHS." On motion by Coen, Council waived further reading of Ordinance No. 1406. When put to a vote, the motion passed unanimously. ,378 Page # 18 - Minutes - April 15, 1968 33 SURF CONST CO BUILDING PERMIT The City Administrator presented a communication from the Surf Construction. Company of Santa Ana, in regard to a 118 apartment complex which they propose to build in Huntington Beach about the first of May, 1968. This company requested a negotiation of Recreation and Park Fees to be paid, in view of their providing vollyball, badminton and croquet courts, a swimming pool, recreation rooms, a shuffleboard court, and barbeque areas in a parklike setting around the apartments. On motion by Kaufman, Council authorized the issuance to Surf Construction Company of a building permit when needed, and referred the request for negotiations of neighborhood park fees to the Recreation and Parks Commission to work out the required fees; stipulating that no occupancy of the proposed apartments would-be permitted until such matter has been approved by the -Council or the stipulated fees have been paid. Motion carried. 11 ADJOURNMENT On motion by Green, the regular meeting of the City Council of the City of Huntington Beach adjourned to Tuesday, April 16, 1968, at 6:00 P.M. Motion carried. Paul C Y 'Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Q, 4WAAA1 Dona d D. ShApl Mayor ATTEST: Paul C . Tones -��-C`a,ty Clerk 9