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HomeMy WebLinkAboutCode Amendment 68-1 - Ordinance 1395 - Storage of Merchandis Page 1#5 - Minutes - March 4, 1968 CLAIMNO. 8-68 - HOWARD C RICHEY The Clerk presented a claim from Howard C. Richey for alleged damages to his car resulting from a collision with a Fire vehicle. On motion by Stewart, Council denied the Claim No. 8-68 filed by Howard D. Richey, and referred same to the City Attorney and the City's Insurance Carrier. Motion carried. PAYMENT - Y3AMILTON STREET PUMP STATION The Clerk presented a letter from the Assistant City Attorney requesting Council to authorize -the Director of Finance to draw a warrant in the amount of $3,750.00 for purchase of lots for the Hamilton Street Pump Station. On motion by Bartlett, Council authorized that a warrant be drawn by the Director of Finance in favor of ABCO Equity Funds, Inc. Westameo Investment Company in the amount of $3,750.00. Motion carried. ORDINANCE NO. 1394 —ADOPTED - SALARY -CITY OFFICERS The Clerk gave Ordinance No. 1394 a second reading by title ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH; AMENDING SECTION 1421, OF ARTICLE 142, CHAPTER 14 OF THE HUNTINGTON BEACH ORDINANCE CODE." On motion by Bartlett, Council waived further reading of Ordinance No. 1394, and passed and adopted same by the following roll call vote : AYES : Councilman: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES : Councilmen: None ABSENT:Councilmen: None ORDINANCE NO. 1395 - ADOPTED —STORAGE OF MERCHANDISE The Clerk gave Ordinance No. 1395 a second reading by title - "AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF HUNTINGTON BEACH ESTABLISHING REGULATIONS LIMITING THE TYPE, HEIGHT AND BULK OF STRUCTURES AND/OR BUILDINGS PERMITTED WITHIN REQUIRED FRONT AND/OR EXTERIOR SIDE YARD SETBACKS : LIMITING ALSO OUTSIDE DISPLAY AND/OR STORAGE OR MERCHANDISE SOLD ON °PREMISES TO THOSE ITEMS NORMALLY CONDUCTED IN THE OPEN; REPEALING SECTION 9431 (d) AND AMENDING, RENUMBERING AND ADDING SECTIONS TO DIVISION 9 OF THE HUNTINGTON .BEACH ORDINANCE CODE," On motion by Bartlett, Council waived further reading of Ordinance No. 1395, 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 321; - . Paul Jones - 1/26/68 L City Clerk Page 3 (b) Encourage public usage by a continuing program of maintain- ing clean and attractive booths and stations. (c) Arrange collection schedules for maximum efficiency. (d) Maintain an effective security program at a cost compatible with revenue returns. (e) Promote friendly and cooperative relations with customers and agents. Major Standards of Service 5002 The Policy Directive PD905.005 (Major Standards of Service), sets forth company standards intended to provide customer and the general public with the best possible service at all times. As the fundamental document for all company objectives, it serves as the reference for planning coin telephone marketing and service improvement objectives and programs. Page #4 - Minutes - ��iy� 19, 1968 fi ORDINANCE NO, 1392 - ADOPTED - OVERLOADS The Clerk gave Ordinance No. 1392 a second reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO MOVEMENT OF OVERLOADS ; ADDING ARTICLE 618 AND NEW SECTIONS THERETO." On motion by Bartlett, Council waived further'-reading of Ordinance Noo 1392, 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 20 ORDINANCE NO, 1393 - ADOPTED - INOPERABLE VEHICLE The Clerk gave Ordinance No, 1393 a second reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE ABATEMNT AND REMOVAL, AS PUBLIC NUISANCES, OF ABANDONED, WRECKED, DISMANTLED OR .INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 VEHICLE CODE; ADDING ARTICLE 556 ENTITLED 'INOPERABLE VEHICLES ' AND REPEALING SECTIONS 9730.21 AND 9730.22 OF THE HUNTINGTON BEACH ORDINANCE CODE." On motion by Bartlett, Council waived further reading of Ordinance No, 1393 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. 1395 - FIRST READING - STORAGE OR MERCHANDISE The Clerk gave Ordinance No, 1395 a first reading by title m "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .HUNTINGTON BEACH ESTABLISHING REGULATIONS LIMITING THE TYPE, HEIGHT, AND BULK OF STRUCTURES AND/OR EXTERIOR SIDE YARD SETBACKS ; LIMITING ALSO OUTSIDE DISPLAY AND/OR STORAGE OF MERCHANDISE SOLD ON PREMISES TO THOSE ITEMS NORMALLY CONDUCTED IN THE OPEN; REPEALING SECTION 9431 (d) AND AMENDING, RENUMBERING AND ADDING SECTIONS TO DIVISION 9 OF THE HUNTINGTON BEACH ORDINANCE CODE. " On motion by Green, Council waived further reading of Ordinance No. 1395, Motion carried, 1117 RESOLUTION NO, 2687 - DELETED - UV 67-38 On motion by Stewart, Council deleted Resolution No, 2687, pertaining to Use Variance No, 67-38, from the _agendae Motion. carried, RESOLUTION NO, 2694 - ADOPTED - JUDGMENT -AGAINST GENERAL INSURANCE The Clerk read Resolution No. 2694 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE FOUNTAIN VALLEY SCHOOL DISTRICT TO STIPULATE WITH CERTAIN PARTIES THAT SUBDIVISION IMPROVEMENT BOND NO. 520592 MAY BE APPLIED TO A JUDGMENT FOR THE CITY OF HUNTINGTON BEACH AGAINST THE GENERAL INSURANCE COMPANY OF AMERICA. " 340119 Page #8 - Minutes - February 5, 1968 PUBLIC HEARING m CODE AMENDMENT 68-1 Mayor Shipley announced that this was the day and hour set for a public hearing on Code Amendment No. 68-1, and directed the Clerk to read the legal notice. The "Clerk read notice of public hearing on Code Amendment No, 68-1., as published in the Huntington Beach Dews on January 18, 1968, setting .the hour of 7 �30 P.M. , or as soon thereafter as possible, on Monday, the 5th day of February, 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 proposed code amendment to regulations of the commercial District, to establish regulations to limit the type, height and bulk of structures and/or buildings permitted within required front and/or exterior side yard setback. Also, to limit the outside display and/or storage of merchandise sold on pre- mises to those items normally conducted in the open. The Clerk informed the Council that they had been provided with copies of the Planning Secretary's transmittal, and stated that he had re- ceived one communication from General Telephone Company requesting that Section 9432.6..4 of the Huntington Beach Ordinance Code be modified or deleted from Section 9432. Mayor Shipley declared the hearing open. Mr. E. R. Wellman, representing General Telephone Company, addressed the Council and stated his company's position on the Code Amendment. Nine Jack Groth, owner of Groth Chevrolet Company, Beach Boulevard, addressed the Council and explained the hardship this Code Amendment put on his property. Mr. C . E. "Bill" Woods , 1411 Palm Avenue, City, addressed the Council and commented on the necessity for such an Ordinance in the City of Huntington Beach. There teeing 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. Following discussion, and on motion by Green, Council sustained the Planning Commission and approved Code Amendment 68-1, with the exception that Section 9432.6 .4 of the Huntington Beach Ordinance Code shall read "All telephone booths within the 50 foot setback shall be placed in locations approved by the Board of Zoning Adjustment, provided adequate view be provided for the abutting property owners, and . traffic safety is maintained,." and directed the City Attorney to ' prepare an Ordinance effecting the Code Amendment. . Motion carried. P!&�ff IC HEARING - ZONE CASE 67-40 Mayor Shipley announced that this was the day and hour set for a public hearing on Zone Case No. 67-40, on property located on the west side of Springdale Street, 150 feet north of Heil Avenue, and directed the Clerk to read the legal notice . • • • � � Affi av®t ® vblic to � � State of California County of Orange 1 ss City of Huntington Beach J J. S. Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed, published and circulated in the said County of Orange and elsewhere_ and published for the dissemination of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published-for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof.The Huntington Beach News was adjudicated a legal newspaper (Published Huntington Beach News of general circulation by Judge G. K. Scovel in the Superior Court Jan. 18, 1968) ' of Orange County, California August 27th, 1937 by order No. A-5931. NOTICE of PUBLIC HEARING CODE AMENDMENT 68.1 NOTICE IS HEREBY GIVEN that a i That the NOTICE OF PUBLIC HEARING public hearing will be held by the City Council of the City of Huntington Beach, CODE AMENDMENT 68-1 in the Council Chamber of the Civic Center, Huntington Beach, at the hour of of which the annexed is a printed copy, was published in said news- p so P.M., or. as soon thereafter of possible, on Monday the Sth day of +February, 1968, for the purpose of paper at least One I s s ti e I considering' a proposed code amendment 18t h Janua-r to regulations of the Commercial District,' commencing from the day of y to establish regulations to` limit the type, height and bulk of, structures 68 18t',h January and/o,r buildindm permitted within re- 19 , and ending on the day of quired front and/or exterior side yard, setback. Also, to limit the outside dis- 19 8 , both days inclusive, and as often during said period and play and/or storage of merchandise mold� on premises to those items ,normally times of publication as said paper was regularly issued, and in the conducted in the open. regular and entire issue of said newspaper proper, and not in a An interested 'persons are invited to supplement, and said notice was published therein on the following attend said hearing and express their dates, to-wit: opinions for or against,said Code Amend- ment, January 18, 1968 Further information may be obtained from the Office of'tha City Clerk. DATED: January 17, 1968. CITY OF HUNTINGTON BEACH By: PAUL C. JONES City Clerk -- -I / Publisher Subscribed and sworn to before me this jr day of n 19� n Notary Public Orange County, California THOMAS D. WYLLIE EQ: NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires ,Sept. 12, 1970 City`,. ®f Huntington Beach County ®f Orange State ®f California of J. S. FARQUHAR Publisher Huntington Beach News Filed Clerk By Deputy Clerk 70 RPOR (����eacroy s Z Hunflngton Beach Nanning COMMSSNn ° ��i�� P.O. BOX 190 CALIFORNIA 92648 MT1 �' February 5, 1968 L E T T E R O F T R A N S M I T T Al — — — — — — — — — — — — — — — — — — — TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Planning Commission SUBJECT: Code Amendment No. 68-1 _ ATTENTION: Doyle Miller, City Administrator Paul Jones, City Clerk Gentlemen: Transmitted herewith is a proposed amendment to Division 9 of the Huntington Beach Ordinance Code. Said amendment proposes to establish regulations which will limit the type, height and bulk of structures and/or buildings permitted within re- quired front and/or exterior side yard setbacks . Also, to limit the outside display and/or storage of merchandise sold on premises to those items normally conducted in the open. The Planning Commission unanimously approved this matter on January 16, 1968 , and recommends adoption by your Honorable Body. Respectfully ubmitted, K. A. Reynol s Secretary, Planning Commission KAR/bd Encl : Amendment GENERAL TELEPHONE COMPANY OF CALIFORNIA 6657 Westminster Avenue - P.O. Box 188 AREA CODE 714 Westminster, California 92683 TELEPHONE 897-3511 IN REPLY REFER TO January 26, 1968 - 8230 A7.4E2 0 Paul C. Jones City Clerk City of Huntington Beach Huntington Beach, California Dear Mr. Jones 0 We understand that a section related to "Setback Encroachment and Outside Display and/or Storage of Merchandise" is to be discussed by the City Council as a possible addition to the Huntington Beach Ordinance Code. The numbering of the section discussed in the planning commission work sheets is referred to as S.9432. In reviewing the planning commission work sheets we, at General Telephone Company, are specifically concerned about 5.9432.6.4 which is related to telephone booths. We feel that the recommendation is contrary to public service, safety and convenience and urge that it be modified or deleted from the proposed Section S.9432. We have attached fact sheets for your reference which outlines criteria related to our coin telephone service. In order that we may continue to provide the best possible telephone service to our customers and the public at large at all times, we ask for your support in this matter. Very truly yours 1E. R. WELT" Orange Division Manager Attachment CC: Dr. Donald Shipley, Mayor, Huntington Beach P-. Paul Jones - 1/26/68 City Clerk Page 1 - FACT SHEET 1, Schedule CAL PUC NO. - Definition and Rules - Originating Sheet 10. Public Telephone Service Service furnished by the Company from a non-customer, nonlisted station installed for the convenience of the public at locations chosen or accepted by the Company. SeMipublic Service A customer service with a telephone equipped with a coin collecting device furnished for the use of the customer and the public in locations somewhat public in character. 2. Public Telephone Service CAL PUC #A-21 - Original Sheet 1 Applicability Applicable to service from the Telephone Company's nonlisted local and extended public telephone stations. Territory Within the exchange areas of all exchanges as said areas are defined on maps filed as part of the tariff schedules. Special Conditions 1. Public Telephones will be installed by the Telephone Company at its discretion in public locations, within the exchange area to meet the general and transient telephone requirements. 2. Telephone booths and signs are furnished and displayed at the option of the telephone company. 3. Customer Service Practice C660.003, Issue 19 March, 1967. Excerpts related to Coin Telephone Service: Public Service 2.01 Public telephone service is a non-published exchange service furnished primarily for use by the general public. Coin collector instruments are provided for outgoing local and long distance calls. Credit card, collect and third number calls can also be made. Paul Jones - 1/26/68 City Clerk Page 2 2.02 Public telephones are installed by the company at its discretion at locations chosen or accepted by the company to meet the general and transient requirements of the public. A proprietor of a business may request that a public telephone be located on his premises. However, the need of the public is the prime considera- tion. 2.06 Public telephones are provided without billing and are therefore not installed unless there is a well-defined need for the service. Because of the additional cost of equipment and expense required to furnish this service, the average revenues per station must meet company objectives. 2.07 Certain public coin telephones are established on a noncommision basis and maintained by the company from the standpoint of public welfare. For example, for the convenience of motorists on is- olated roads. A public telephone is not established on the public welfare basis when there are other services on the premises available for emergency use. Stations located where many people congregate may be justified on a customer relations basis. 2.11 In evaluating location possibilities, consideration is given to hours the service is available to the public; long distance usage; number of nonsubscribers residing nearby; amount of transient patronage; number and location of nearby telephones; permanency of agent's business; seasonal characteristics. Semi-public Service 3.01 Semipublic telephone service is a combined customer and public telephone service provided where the dual usage can be handled satisfactorily over one line. A coin collector instrument, with or without booth, is provided for collection of charges for out- going local and long distance calls. Credit card, collect and third number calls can also be made. 3.02 Generally semipublic service is provided where there is neither sufficient traffic by the general public to warrant a public station, nor a volume of incoming business calls large enough to require regular business service. 4. Service Objectives 5.01 The company objectives for .public and semipublic services are; `(a) Locate stations for the greatest possible convenience of the x;ublic and for adequate protection of company equipment.