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HomeMy WebLinkAbout1970-08-17MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, August 17, 1970 Mayor Pro Tempore Matney 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 Father Thomas - St. Simon and Jude Catholic Church. Rf1T.T. CAT.T. Councilmen Present: Green, Bartlett, McCracken, Matney, Coen (arrived at 4:50 P.M.) Councilmen Absent: Gibbs, Shipley CONSENT CALENDAR (ITEMS APPROVED) On motion by Green, the following consent items were approved as recom- mended., by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Coen, Shipley 1. MINUTES - Approvedand adopted minutes of the regular meeting of Aug3, 1970, and. the regular adjourned. meeting of August 5, 1970, as written and on file in the office of the City Clerk. '0� 2. LABOR & MATERIALS BOND - TRACT 4805 - MACCO CORPORATION Accep ed Labor and. Materials Bond No. 521130 - American Casualty Company), and directed the City Clerk to file same with the City Treasurer. 3. DEDICATIOk OF IMPROVEMENTS - TRACTS 4805, 5917 & 6645 - MACCO CORP. Accepted improvements dedicated to public use in Tract Nos. 4bO5, 5917 and 6645 - located northeast of Yorktown Avenue and Bushard Street; authorized the release of the faithful performance portions of the Improvement Bonds only, the Monument Bonds, and. termination of the Subdivision Agreements. 10) 4. RELEASE OF LABOR & MATERIALS BOND - TRACT 5602 - MONARCH INVESTMENT CO. Authorized the release -of ta of and Ma e Ha s j3-ond for Tract No. 5602 - Monarch Investment Company, as the six month hold. period has been satisfied, and directed the City Clerk to notify the developer, and the City Treasurer to notify the bonding company of same. i0� 5. SUBDIVISION AGREEMENT - TRACT NO. 6904 - MANSION-LUSK CO. Accep ed Monument and ImprovementBond No. 3 - (Western Casualty & Surety Company), approved and authorized execution of the Subdivision Agreement.. 6. DESIGN REVIEW NO. 70-33 Approved Sc erratic esign Phase - Fire Training Facility and Co;mmunica- ticns Center to be located on the Gotharc Fire Facility. Site - krchitect - Anthony and. Langford.. 7. DEDICATION OF IMPROVE 4ENTS -- TRACT NC. 6933 - MAGCO CORPORATION Accepted imprDvements dedicated. to public use in Tract No. 93 located south of Warner Avenue anJ west of Edwards Street; authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and. termination of the Subdivision Agreement, 8. TALBERT' ATER DISTRICT RESERVOIR Approved purchase o he reservoir site at Adams Avenue on the west side of the Santa Ana River per terms of the agreement wi-"Ih the Talbert Water District dated November 18, 1968 arld authorizers the City Att.)rney to prepare the necessary documents. ;=d �'4 C'1 Page #2 - Council Minutes - 8/17/70 /C� 9. FINAL TRACT MAP NO. 7259 - PBS CORPORATION - APPROVED Accepted offers of dedication as shown on Final Tract Map No. 7259, located 760 feet north of Atlanta Avenue, west of Bushard Street; Acreage: 10.31; Lots: 50; Developer: PBS Corporation, 2700 E. Coast Highway, Corona del Mar, California; and adopted. the map subject to standard. conditions set forth by the Department of Public Works and Planning Department in Resolution No. 3056, adopted October 20, 1969. Further instructed the City Clerk that he may affix his signature to the map and. deposit same with any licensed titlecompany after receipt of writing from such company stating that it will cause preliminary processing of such map by the County, but will not record said map or cause it to be recorded. until the completion of all conditions, and. receipt by such title company of prior written consent to record said map, from the City Clerk. /a'� 10. FINAL TRACT MAP NO. 6904 - JOHN D. LUSK & SON - APPROVED Accepted offers of dedication as shown on Final Tract Map No. 6904, located on the northwest corner of Goldenwest Street and. Palm Avenue; Acreage: 21.964; Lots: 81; Developer: John D. Lusk and. Son, P.O. Box 2140, Newport Beach, California; and. adopted the map subject to standard. conditions set forth by the Department of Public Works. and Planning Department in Resolution No. 3056, adopted October 20, 1969. Further instructed the City Clerk that he may affix his signature to the map and d.eposit same with any licensed title company after receipt of writing from such company stating that it will cause preliminary processing of such map by the County, but will not record. said. map or cause it to be recorded. until the completion of all conditions, and. receipt by such title company of prior written consent to record. said. map, from the City Clerk. ;5 11. GOTHARD & MURDY FIRE STATIONS Approved request to advertise or bids on Gothard. & Murd.y Fire Stations; original estimated cost of $500,000. 12. JOINT POWERS FIRE COMMUNICATIONS & TRAINING FACILITY Authorized the securing of ad.vice from legal and. bond counsels in ord.er to proceed with the development of the four -city Joint Power Fire Com- munications and. Training Facility. /G S 13. EDWARDS STREET & BRIDGE IMPROVEMENTS - CC-165 Approved Plans and Specifications for various improvements within Edwards Street, between Warner Avenue and Heil Avenue,:and, authorized the City Clerk to advertise for bids. 14. MURDY PARK RECREATION CENTER - CC-134 Approved Plans and Specs icaMns for tEe construction of -the Murdy Park Recreation Center together with sidewalks, tennis courts, multi- purpose courts and picnic shelter, and. authorized the City Clerk to advertise for bids. q/ 15. APP:°�ICATION FOR LEAVE TO 'RESENT LATE CLAIM Denied applica io or eave o Present Late 71aim filed. by Robert Thomas Moreno, Sr., guard.ian, on behalf of Robert Thomas Moreno, Jr., and fur�her directed. that the claim for alleg-d. damages be denied. RESOLUT CONS �L RESOLUTION NO. 32�)8 - FIXING TAX RATE - DEFER.3ED The Clerk presentu,d. Resolution No. 3208 for r:ading by title - "A RESOLUTION OF THE CITY COUNCI:� OF THE CITY OF HUNTINGTON BEACH FIXING THE TAX RATE FOR .SAID CITY FOR THE FISCAL YEAS 1970-71." On motion by Matney, Council referred consideration of Resolution No. 3208 to the regular ad.jou.,�ned meeting of August 18, 1970. Motion carried. Page #3 - Council Minutes - 8/17/70 RESOLUTION NO.- 3209 - SPECIAL MUNICIPAL ELECTION - DEFERRED The Clerk presented. Resolution No. 3209 for reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ORDERING CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 3, 1970, FOR THE PURPOSE OF SUBMIT- TING TO THE QUALIFIED VOTERS OF SAID CITY VARIOUS AMENDMENTS TO THE CITY CHARTER AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE." On motion by Green, Council deferred consideration of Resolution No. 3209 to the regular adjourned meeting of August 18, 1970. Motion carried. S3 RESOLUTION NO. 3210 - FILING OF WRITTEN ARGUMENTS - DEFERRED The Clerk presented Resolution No. 3210 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZ- ING CERTAIN OF ITS MEMBERS AND PERSONS TO FILE WRITTEN ARGUMENTS FOR VARIOUS CITY MEASURES . " On motion by Green, Council directed. that consideration of Resolution No. 3210 be deferred to the adjourned meeting of August 18, 1970. Motion carried.. RESOLUTIONS On motion by Green, Council directed the Clerk to read. Resolution Nos. 3205, 3206 and. 3207 by title, waived, further reading, and passed. and. adoptedsame by the following unanimous roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Coen, Shipley RESOLUTION NO. 3205 - ADOPTED - VACATION OF A PORTION OF MCFADDEN AVE. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF MCFADDEN AVENUE." RESOLUTION NO. 3206 - ADOPTED - CITY FUND APPROPRIATIONS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE REVISION OF CITY FUND APPROPRIATIONS FOR THE FISCAL YEAR 1969-70." RESOLUTION` . 3207 - ADOPTED - EXTENSION OF MAGNOLIA STREET "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXECUTION AND RECORDATION OF CERTAIN DEEDS BY AND BETWEEN SAID CITY AND SOUTHERN CALIFORNIA EDISON COMPANY RELATIVE TO THE EXTEN- SION OF MAGNOLIA STREET." -, COMMUNITY SERVICES PROJECT The City Administrator presented. a report re§ard.ing the establishment of a county -wide "Community Services Project with individual cities participating and. furnishing manpower, funds, equipment and. supplies, as proposed. by the Orange County Probation Department. He stated. that evaluation of all factors involved and. in view of the budgetary limita- tions of the City, he would. recommend. against participation in the project. On motion by McCracken, Council approved the recommendation of the City Administrator, that the City not participate in the County -wide "Commu- nity Services Project" as proposed. by the Orange County Probation Department. Motion carried.. par;n //4 - Council Minutes - 8/1-7/70 MINT -BIKE TIDING AREA The City Administrator informed Council of a recommendation from the Recreation and Parks Commission concerning the need for the City to provide a supervised mini -bike riding area in Huntington Beach. He stated that the Director of Recreation and. Parks would speak on the matter. The Recreation and Parks Director informed Council that a complete report on this matter will be available for presentation to Council at the first meeting in September. On motion by.Matney, Council continued this matter to the meeting of September 8, 1970. Motion carried. St PARK NAMING COMMITTEE The City Administrator informed. Council of a request from the Recrea- tion and. Parks Commission that the Council or a Council Committee meet with their park naming committee to resolve differences of philosophy in naming city parks. Mayor Pro Tempore Matney appointed Councilman Green and Bartlett to the Park Naming Committee to work with the Recreation and Parks Commis- sion regarding park naming policy. "3 RECREATION q PARKS DEPARTMENT CHARTER PROVISION The City Administrator informed Council of a recommendation of the Recreation and Parks Commission that the City Council levy the entire 200 tax rate allowed by the Charter for the operation and. Capital Improvement Program of the Recreation and. Parks Department, rather than the current 190 rate, for the Fiscal Year, 1970-71. On motion by Matney Council deferred this matter to the adjourned meeting of August 1A, 1970. 1�1 EMPLOYEE HOLIDAY IN LIEU The City Administrator informed. Council of a request from the City Employees Association, Firemen's Benevolent Association and. the Police Benevolent Association, that Council designate Friday, November 27, 1970, the day following Thanksgiving, a holiday, in lieu of Admission Day, Wednesday, September 9, 1970. On motion by Bartlett, Council approved the request from the employees organizations and. designated Friday, November 27, 1970, as a holiday, in lieu of Admission Day, Wednesday, September 9, 1970. EMPLOYEES ASSOCIATION AGREEMENT The City Administrator informed Council that a final memorandum of agreement between the City Administrator and the City Employees Associa- tion, Police Officers Association and Firemen's Association relating to salaries, fringe benefits, etc., would be aresented to Council at the meeting of September 8, 1970. GOLDEN WEST & SLATER AVENUE CHANNEL PROBLEM The City Administrator read a report from the Department of Public Works pertaining to the steps which have been taken to alleviate the insect and. animal problem in the Flood Control Chann,�l in the Central City Park site. The Council requested that thf City Administrator notify the adjacent property owners of.the steps being taken by the Department of Public Works to rectify this problem, and requested. that they contact his office if further problems of this nature occur. ORDINANCE N0. 1594 - FLUORIDA"-'ION - DEFERRED Mayor Pro Tempore Matney stat,:d that consideration of Ordinance No. 1594 would be deferred until Mr. Jk:rry Bogart, representative of Huntington Beach Citizens for Pure Water was present to speak on the matter. .�, mac:• Page #5 - Council Minutes - 8/17/70 ORDINANCE NO. 1� 95 - ADOPTED - GAS FRANCHISE - PACIFIC LIGHTING The Clerk gave Ordinance No. 1595 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO PACIFIC LIGHTING SERVICE COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY .' On motion by McCracken, Council waived further reading of Ordinance No. 1595 by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley On motion by McCracken, Council passed and adopted Ordinance No. 1595, by the following roll call vote: AYES: Councilmen: Bartlett, McCracken, Matney, Coen NOES: Councilmen: Green ABSENT: Councilmen: Gibbs, Shipley ORD. NO. 1 96 - ADOPTED - AMENDS ARTICLE 974 - PARK & REC. FACILITIES The Clerk gave Ordinance No. 1596 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 974 THEREOF PERTAINING TO PARK AND RECREATIONAL FACILITIES." On motion by Green, Council waived further reading of Ordinance No. 1596 and passed and adopted same by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley ORD. NO. i597 -- ADOPTED - AMENDS ARTICLE 998 - PARK & REC. FACILITIES The Clerk gave Ordinance No. 1597 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 998 THEREOF PERTAINING TO PARKS AND RECREATIONAL FACILITIES." On motion by Green, Council waived further reading of Ordinance No. 1597 and passed and adopted same by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley ORD. NO. 1598 - UTILITIE�s TAX - DEFERRED The Clerk presented. Ordinance No. 1598 f )r a first reading by title - "AN ORDINANCE OF THE CIT7 OF HUNTINGTON '3EACH, AMENDING CHAPTER 17 OF THE, HUNTINGTON BEACH ORDINANCE CODE BY A. )DING THERETO ARTICLE 176 PER- TAINING TO A UTILITIES TAX." Mayor Pro Tempore Matney directed. that c3nsideratiori of Ordinance No. 1598 be deferred to the adjourned meeting, of August 18, 1970. REPORTS - COUNCIL COMMITTEES Route #59 Freeway Committee Councilman Matney reques °;ed that the City Administrator send a letter to Mr. Larry Soloman of the Jr. Chamber of Commerce, informing him of his appointment to the R.)ute #57 Freeway Committee. 3:- 3 Request For Report - Home Council - Meadowlark Airport Councilman McCracken stated. that he believed the safety conditions at Meadowlark Airport should. be investigated and. stated that the Home Cc=until might form a committee to study and. report on this matter. Page #6 - Council Minutes - 8/17/70 On motion by McCracken, a committee to report on Airport with all members Councilman McCracken to Motion carried. COMMENTS FROM COUNCIL Council authorized the Home Council to appoint the matter of safety conditions at Meadowlark to be ratified by Council, and. appointed serve as Council liason to the Committee. Harbor DistAct Dissolution Councilman Green informed. Council that, following discussion with Senator Whetmore, it appeared that the bill to bring the matter of the Harbor District Dissolution to a vote of the people would be defeated.. He stated. that Senator Whetmore indicated that he would prefer that the dissolution of the District be accomplished on a local basis. Youth Coalition Committee - Surfing Contest Mayor Pro Tempore Matney stated. that he had. attended. the Surfing Con- test sponsored by the Youth Coalition Committee and. commended. the committee for their fine work and. the large attendance at the event. Councilman Green - Orange County League of Cities President The City Clerk informed. Council that Councilman Green had. been nominated for President of the Orange County Division of the League of California Cities for the second consecutive year. Permission to be Out of State - Councilman Matney - Granted. Councilman Matney requested. Council's permission to be out of the State. On motion by Green, Council approved. Councilman Matney's request for permission to leave the State. Motion carried.. COMMENTS FROM DEPARTMENT HEADS TC SALE #10'5 - CITY TO ABANDONATO The City Clerk informed Council that the County Board. of Supervisors had approved the sale of a parcel of pro erty from the State of California through Tax Collector's Sale �1085 and d.es ignated, as AP 142- 201-28, Tract No. 195, Lot 119, Block A. He stated. that this was a postage stamp lot surrounded. by property owned. by Mr. Joe Aband.onato, and. that it was recommended. that said parcel be sold to Mr. Aband.onato for the amount of $100 plus the City's costs in purchasing said. property in order to facilitate the total development of the area. Councilman McCracken requested. and. was grantedpermission to abstain from voting in this matter. On motion by Bartlett, Council. approved. the sale of said, parcel to Mn Joe Abandonato, for the amount of $100 plus other costs paid. by the City in connection with said sale, and d.i:rected. the City Attorney to prepare a d.eed. conveying said. property at :,,uch time as the total amount :involved has been ascertained, and, upon receipt by the City of the Indenture covering said property from the State of California. Motion carried. BUSINESS L1`CENSE TAX REVISION The City Administrator recommended that instructions be given to the City Attorney pertaining to the proposed. increase in the business license fee. A motion was made by Mayor Pro Tempore Matney that the business license fee be increased by :50% on the present formula.., but was withdrawn beforb, being voted upon. The Mayor Pro Tempore then directed that this matter be scheduled for the regular adjourned meeting to be held August 18, 1970. Page #7 - Council Minutes - 8/17/70 i�3 Attendance at 'Helicopter Fly -In" Police Chief Rob itaille informed Council that the "Helicopter Fly -In" sponsored. by the Police Department had. been extremely successful and that 400 official visitors from throughout the southland had attended. Friday, with 160 family groups in attendance on Saturday. RECESS Mayor Pro Tempore Matney called a recess of the Council at 5:35 P.M. The meeting was reconvened. at 7:30 P. M. by the Mayor Pro Tempore . OATH OF OFFICE - EDWARD KERINS - PLANNING COMMISSION The City Clerk administered the oath of office to Edward. Kerins, newly appointed Planning Commissioner, who is filling a term on the Planning Commission expiring June 30, 1973, created. by the resignation of Planning Commissioner Michael Bokor. "y REQUEST TO SPEAK - CITY WATER FLUORIDATION Mr. Jerry Bogart, representative for the Huntington Beach Citizens for Pure Water, addressed. Council and requested. that consideration be given to putting the issue of fluoridation of the City water supply on the November election ballot. ORDINANCE NO.- - ADOPTED - FLUORIDATION OF CITY WATER SYSTEM The Clerk gave Ordinance No. 1594 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING FLUORIDE TO CITY WATER SYSTEM." On motion by Green, Council waived further reading of Ordinance No. 1594 and passed, and. adopted same by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley //c CALIFORNIA MOBILE HOME DEALER'S ASSOC - PROTEST - RECEIVED & FILED The Clerk informed. Council of a communication from the California Mobile Home Dealers Association alleging that Signal Landmark, Inc,, dba Capital Sales Company, is operating a mobile home sales entity in the Huntington Shorecliff Mobile Home Estates, 20701 Beach Boulevard., City, and. request- ing investigation. The Clerk stated. that an investigation had been conducted by his. office which revealed. that they have not been conducting sales of mobile homes, but have only been leasing sites within the park. On motion by Matney, Council ordered. the communication from California Mobile Home Dealer's Association received and. filed.. Motion carried.. REQUEST TO EXCLUDE PROPERTY FROM PARKING AUTHORITY PROJECT The City Clerk informed. Council of a communication from the Huntington Beach Company requesting that the five acres of property easterly of Lake Street, owned by their company, be excluded. from the area to be acquired. for the Parking Authority project, as they are able to develop this property to its highest and. best use whenever the market will permit uses which are compatible with the Top of the Pier concept. Following discussion by Council, on motion by Coen, Council directed that the Urban Land Institute -Citizens Steering Committee be charged with the responsibility of analysing the Huntington Beach Company prop- erty on the basis of the ULI analysis to determine if the exclusion of any property in the Parking Authority area would jeopard.ize the.program. Motion carried.. PETITION & PROTESTS - COMMUNITY CENTER The Clerk informed. Council of the following communications and petition protesting the location of a Community Center in the downtown area of the city. Page #8 - Council Minutes - 8/17/70 A petition signed by 87 licensees of downtown business and taxpayers of the City, urging Council to reconsider and rescind its action of August 3, 1970 regarding a Community Center in the downtown area of the City. A communication from Sam and. Loretta Terry protesting the location of a Community Center in the downtown area. A communication from Ruth E. Loughrey, Owner/Mgr, of Huntington Beach Travel Service, protesting the planned location of a Community Center. He further informed. Council that he had received a communication from Mrs. Betty L. Armacost, 16161 Ganges Lane, City, in favor of said Community Center. Mayor Pro Tempore Matney stated that another location is being sought for the Community Center, and that no action on this matter would be necessary. z'i APPROVAL REQUESTED - MINT -BUS BUSINESS The Clerk informed Council of a request from Mr. Ronald C. Bauer, Huntington Beach Mini -Bus, 6162 Napa Circle, City, for Council approval and franchise to operate a mini -bus transportation system in the City of Huntington Beach. Mr. Ronald Bauer, 6162 Napa Circle, City, applicant, addressed Council, and. .informed them of his intention to operate a well maintained and practical public transportation system that would. provide a means of efficient and. economical travel within the city. Discussion was held by Council on the matter. A motion was made by Councilman Coen, that a business license be granted to the applicant for the operation of a mini -bus system, subject to the applicant filing for a Certificate of Need and. Necessity, but was withdrawn before being put to a vote. Discussion was held by Council regarding the business , license issued. to Ted Geissler to operate the now defunct shuttle -bus service between Murdy and Greer Parks and the State Park. On motion by Green, Council directed the Clerk to contact Mr. Geiss]-er regarding the refund. of his business license fee upon surrender of his business license to operate said. shuttle -bus service. Motion carried. A motion was again made by Councilman Coen to grant a business license to Ronald. Bauer for the operation of a mini -bus transportation service within the City, subject to the applicant filing for a Certificate of Need and. Necessity. When voted upon the motion was unanimously carried. DEFERMENT REQUEST - PAYMENT OF' PARK & RECREATION FEES - DENIED The Clerk informed. Council of a communication from L & R Land Corpora- tion requesting deferment of payment of Recreation and Parks fees ill the development of a mobile home park in the ,ity. Mr. Leonard. Baum Attorney, representing L & R Land. Company add.res3ed Council, and. gave reasons why he believed app ^oval of his client's request should be granted by Council. The City Administrator stated that he recommelided. that there be no change in the present policy regarding paymen» of Recreation and. Parks fees. On motion by Green, Council df:nied. the reques from L & R Land. Corpora- tion for a deferment of payment of Recreation and Parks fees for said development. Motion carried.. Page #9 - Council Minutes - 8/17/70 PUBLIC HEARING - CODE AMENDMENT NO. 70-4 - MOBILEHOME STANDARDS Mayor Pro Tempore Matney announced that this was the day and hour set for the continuance from the meeting of August 3, 1970, of a public hear- ing for the purpose of considering a proposed Code Amendment to add, to Division 9 of the Huntington Beach Ordinance Code Article 924 - MH - Mobilehome District; such district to be established to set forth minimum standards for mobilehome parks. Several provisions of the proposed ordinance amendment were discussed by Council. A motion was made by Councilman Matney to delete S. 9242.1 (c) pertaining to on site mobile home sales from the proposed Code Amendment 70-4. When put to a vote the motion was carried unanimously. On motion by McCracken, Council directed that the Planning Director's recommendation that the minimum site area be designated in the code as 9242.2 (d) rather than 9242.3. Motion carried. Mr. Bob McIntosh, representing Signal Landmark Mobile Home Division, addressed Council and stated that he believed that this proposed amend- ment would create a better environment in general for mobile home facilities. There being no one further present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor Pro Tempore. On motion by Green, Council approved Code Amendment No. 70-4, as amended, and directed the Clerk to read Ordinance No. 1599. Motion carried. The Clerk gave Ordinance No. 1599 a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO ARTICLE 924 OF CHAPTER 92 ESTABLISHING REGULATIONS FOR MOBILEHOME PARKS." On motion by Green, Council waived further reading of Ordinance No. 1599 by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley PUBLIC HEARING - CODE AMENDMENT 70-5 MOBILEHOME PARKS - APPROVED Mayor Pro Tempore Matney announced. that this was the day and. hour set for a continuance of a public hearing from August 3, 1970, on Code Amend- ment 70-5 which proposes to amend Article 925-R5 Office -Professional. District and Article 947-C4 Highway Commercial District by removing trailer parks from said districts. 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 Pro Tempore. On motion by Bartlett, Council approved Code Amendment No. 70-5 and directed the City Clerk to read Ordinance No. 1600. Motion carried. The Clerk gave Ordinance No. 1600 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9250, 9251.1, 9251.2 and 9251.2.1 OF ARTICLE 925 AND SECTIONS 9471.4, 9472, 9472.1 AND 9473, ARTICLE 947, TO DELETE PROVISIONS PERMITTING MOBILEHOMES AND MOBILEHOME PARKS." On motion by McCracken, Council waived further reading of Ordinance No. 1600 by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley Page #1C - Council Minutes - 8/17/70 PUBLIC HEARING- CODE AMENDMENT 70-6 - SIGNS - APPROVED Mayor Pro Tempore Matney announced that this was the day and hour set for a public hearing on Code Amendment 70-6, continued. from the meeting of August 3, 1970, to consider a proposed Code Amendment to amend. Section 9762.6 of the Huntington Beach Ordinance Code by rewording such section to prohibit all signs (including, but not limited to political signs) from public rights -of -way (city streets.) 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 Green, Council, approved Code Amendment No. 70-6 and directed the Clerk to read Ordinance No. 1601. Motion carried. The Clerk gave Ordinance No. 1601 a first reading by title - "AN ORDINANCE OF THE CITY CF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9762.6 PERTAINING TO ERECTION OF SIGNS ON PUBLIC PROPERTY CR PUBLIC RIGHTS OF WAY." On motion by Green, Council waived further reading of Ordinance No. 16ol, by the Following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley PUBLIC HEARING - RES. OF INTENTION NO. 3192 - WARNER AVENUE VACATION Mayor Pro Tempore Matney announced that this was the day and. hour set for a public hearing on Resolution of Intention No. 3192 of the City Council of the City of Huntington Beach to vacate a portion of Warner Avenue in the City of Huntington Beach. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said. public hearing had. been met and that they had been provided with copies of the Resolution of Intention; and stated that he had received no communications or written protests to the proposed vacation or to Resolution No. 3192 of the City Council. Mayor Pro Tempore Matney 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 Pro Tempore. On motion by Green, Council approved the vacation of a portion of Warner Avenue and directed the Clerk to read Resolution No. 3204. Motion carried. The Clerk read Resolution No. 3204 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDER THE VACATION OF A PORTION OF WARNER AVENUE IN SAID CITY." On motion by Green, Council waived further reading of Resolution NO. 3204 by the following roll call vote: CD AYES: Councilmen: Green, NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Bartlett, McCracken, Matney, Coen, Shipley PUBLIC HEARING - ZONE CASE 70-10 - P.C. RES. OF INTENT - APPROVED Mayor Pro Tempore Matney announced. that this was the day and hour set for a public hearing for the purpose of considering a proposed change of zone in Oil Combining Districts on property bounded. by Pacific Coast Highway on the southwest, Brookhurst Street on the east, Ellis Avenue on the north and the city limits on the northwest. 1 1 1 Z49 Page #11 - Council Minutes - 8/17/70 The Clerk informed Council that all legal requirements for notification, publication and. posting on said public hearing had. been met and. that he had. received no communications or written protests to Zone Case No. 70-10 - Resolution of Intent of the City Planning Commission. Mayor Pro Tempore Matney 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 Pro Tempore. On motion by Green, Council continued. this matter to the meeting of September 8, 1970. Motion carried. .) PUBLIC HEARING -_CODE AMENDMENT NO. 70-9 - APPROVED Mayor Pro Tempore Matney announced. that this was the day and. hour set for a public hearing for the purpose of considering a proposed. code amendment to amend. Sections 9166.6 (R2 District), 9206.6 (R3 District) and 9236.6 (R4 District) to require all residential lots and./or parcels within the area bounded. by Pacific Coast Highway on the southwest, 23rd. Street on the northwest, Palm Avenue on the north and. northeast and. Lake Street on the east and southeast, which abut upon an alley to take access to all garages, carports and. open parking from such abutting alley only. The Clerk informed. Council that all legal requirements for notification, publication and posting had been met and that he had received no communi- cations or written protests to Code Amendment No. 70.-9, or to the recom- mendation of approval of the Planning Commission. Mayor Pro Tempore Matney 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 Pro Tempore. On motion by Green, Council sustained the decision of the Planning Com- mission, approved Code Amendment No. 70-9 and directed. the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Cod.e. Motion carried. '20 - 3 i PUBLIC HEARING - CODE AMENDMENT 70--10 - APPROVED Mayor Pro Tempore Matney announced. that this was the day and. hour set for a public hearing to consider a proposed code amendment amending Article 981 - Board of Zoning Adjustments, Article 942 -- C2 Community Business District, and Article 945 - C3 General Business District to. 1. Require a public hearing on a complaint for Home Occupation by the Board of Zoning Adjustmentd. 2. Add hardware stores, animal grooming, car wash and mortuary to the uses within the C2 District. Also add._�ng a provision for other re'.ail uses or services not specifically provided for that may be permitted. subject to approval of a Use Pe:,,mit application; and 3. Require approval of administrat:_ve review by the Board of Zoning Adjustments for all uses in the C3 zone which do not require use permit approval. The Clerk in_ormed Counc�.1 that all lega L requirements for notification, publication and posting can said public h,,aring had been met and that he had received no communications or written protests to Code Amendment 70-10 or to the recommendation of approval of the Planning Commission. Mayor Pro Tempore Matney declared the he ,ring open. There being no one present to speak on t-ie matter and there being no protests filed, either o::,al or written, the hearing was closed by the Mayor Pro Tempore. Page #12 - Council Minutes - 8/17/70 On motion by Bartlett, Council sustained the decision of the Planning Commission, approved. Code Amendment 70-10 and directed the Clerk to read. Ordinance No. 1602. Motion carried. The Clerk gave Ordinance No. 1602 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING CERTAIN SECTIONS PERTAINING TO PERMITTED USES IN THE C2 AND C3 DISTRICTS, AND PROVIDING FOR THE HOLDING OF PUBLIC HEARINGS IN CONNECTION WITH COMPLAINTS FILED WITH THE BOARD OF ZONING ADJUSTMENTS CONCERNING HOME OCCUPATIONS." On motion by Bartlett, Council waived further reading of Ordinance No. 1602 by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley PUBLIC HEARING f -n i CODE AMENDMENT NO. 70-11 - SIGN CODE Mayor Pro Tempore Matney announced that this was the day and hour set for a public hearing for the purpose of considering a code amendment to Article 976 (Sign Code) as follows: 1. Amend Section 9763.4.1 Determination of Amortization Period for non --conforming sign, to read as follows: All signs made non -conforming by the provisions set forth in other articles of this code now existing or heretofore repealed shall remain non -conforming not- withstanding the provisions of this article, and shall be completely removed or changed. to a conforming use within five (5) years of the time said use became non- conforming. The five year period for their amortization shall be determined from the effective date of Ordi- nance No. 1105 (January 6, 1965). 2. Amend Section 9764.7 to require a $100 cash bond for all temporary off -site signs for which a permit is not required. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had. been met and that he had received no communications or written protests to Code Amendment No. 70-11 or to the recommendation of approval of the Planning Commis- sion. Mayor Pro Tempore Matney 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 Pro Tempore. On motion by Green, Council sustained the decision of the Planning Com- mission, approved Code Amendment No. 70-11 anc directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code. Motion carried. COMMENDk-1:1Uy - DOWNTOWN AREA Mayor P:�-o Tempore Matney read a communication from Mr. Joy. Irvine, 818 Joliet Avenue, City, commEnding the Counc Ll for their concern that the downtown area of the City be maintained Li a clean condition. yq-"rr TALBERT AVENUE REROUTING - CEI,TRA.L CITY PARK Mr. David Langwis, representative of William ,yons Development Company, developers of Tract No. 5518 located adjacent to the Central City Fark Site ad.d.ressed. Council and requested that the;t be given direction in development, depending on a possible reductioai of the Talbert Avenue street right-of-way. The Assistant Planning Director stated that t-ie City had. no plans to deviate from the present poli.(.y on this matter. Page #13 - Council Minutes - 8/17/70 ADJOURNMENT On motion by Green, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:00 P. M. to 7:00 P. M.,Tuesday, August 18, 1970, in the Administrative Annex. Motion carried. Paul C. ones City Clerk and. ex-officio Clerk of the City Council of the City of Huntington Beach, California Jerry A. Ma ne y Mayor..Pro Tempore