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Home My WebLink About1972-11-13MINUTES Administrative Annex Huntington Beach, California Monday, November 13, 1972 Mayor Coen called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. The Pledge of Allegiance was given by all present in the Administrative Annex. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen Councilmen Absent: None ENVIRONMENTAL IMPACT STUDY PROCEDURE (E.I.R.) The Director of Environmental Resources reported on the City of Huntington Beach Policy for Interim Procedures and Guidelines - Environmental Impact Reports. He distributed copies to the City Council and requested they review these reports in order that they may be adopted at the November 20, 1972 meeting. Councilman Green questioned if this report concerns itself with how many additional people or cars or water and utilities would be used with the construction of a par- ticular project. He felt this should be a requirement of the Environmental Impact Report. HUNTINGTON HARBOUR _(TRACT NO. 7.850 ENVIRONMENTAL IMPACT _REPORT _&_PERMITS) The City Attorney reported that thus far a grading permit had been issued to Hunt- ington Harbour for construction of bulkheads and model homes and the use permit and tentative tract approval were approved with 22 conditions, one of which requires approval of all State and Federal agencies. He stated that approval for the bulk- heads is pending before the Army Corps of Engineers. Mr. Jim Bentson, President of the Huntington Harbour Property Owners Association',. stated that they object to continuation of the bulkhead construction, pending approval by the Corps of Engineers, and request revocation of said permit since the conditions of approval of the tentative tract have not yet been complied with; and further, an Environmental Impact Report has not been prepared or approved. The City Attorney stated that he felt the City could not recommend revocation of the permits at this time. Councilman Duke questioned why the Corps of Engineers would allow construction of bulkheads without prior approval by the City. He requested the Administrator and staff to provide him with an answer to this.question. Mr. Bentson again spoke regarding the project, indicating that the permit was issued after September 22, 1972, the date of the "Friends of Mammoth" decision, without an Environmental Impact Report. He stated that if this project is permitted to continue without obtaining an E.I.R., it would be tantamount to justification for legitimi- zation of the project based on a hardship due to the amount of money invested. He felt that if the City Council does not act now and revoke the permit, the project will prejudice the environment, and the residents of Huntington Harbour. Mr. Bentson also expressed concern for the development taking place within Tract No. 4880. He indicated that a portion of the tract map designated "Lot C" was dedi- cated on the tract map for public waterways; however, that Huntington Harbour re- served what amounts to possessory rights for construction of slips, docks, piers, hotels, restaurants, etc. As a result, an engineering permit was obtained in June of this year which has resulted in construction on "Lot C" which is located within Davenport Channel. He reiterated that prompt action by the City Council is mandatory in revoking this permit until a satisfactory Environmental Impact Report is obtained. Page #2 - Council Minutes - 11/13/72 Councilman Duke questioned why these areas in Huntington Harbour were originally ex- cluded on the map presented to the Council which depicted those areas on which Environmental Impact Reports would be required. He requested the City Administrator provide a full report on this matter. Mayor Coen stated that because of the ramifications of Proposition 20, the Council should impose a Cease and Desist Order on both Tentative Tract Map No. 7850 and Tract No. 4880 until the Council meeting of November 20, 1972. The City Attorney recommended against this action; however, since the Council desired to pursue this regardless of his recommendation, he suggested the following motion: "The City Council imposes a Cease and Desist Order to take effect immediately on Tent- ative Tract Map No. 7850 and Tract No. 4880 (Lot C) to terminate at the November 20, 1972 Council meeting. On motion by Gibbs, Council imposed a Cease and Desist Order to take effect immediately on Tentative 'tract Map No. 7850 to terminate at the November 20, 1972 Council meeting. The motion was passed by the following roil call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Gibbs, Council imposed a Cease and Desist Order to take effect immediately on Tract Map No. 4880 - (Lot C) to terminate at the November 20, 1972 Council meeting. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None After the motion, Councilman Bartlett requested reconsideration of the motion based on Mr. Bonfa's admonition that said action would be illegal. A motion was made by Councilman Bartlett, that Council reconsider their action imposing a Cease and Desist Order to take effect immediately on Tentative Tract Map No. 7850 and Tract Map No. 4880 (Lot C) to terminate at the November 20, 1972 meeting, but failed to pass by the following roll call vote: AXES: Councilmen: Bartlett NOES: Councilmen: Shipley, Gibbs, Green, Matney, Duke, Coen ABSENT: Councilmen: None EXECUTIVE SESSION The Mayor called an Executive Session of Council to discuss pending litigation. RECESS Mayor Coen called a recess of the Council. RECONVENE The meeting was reconvened with Mayor Pro Tempore Bartlett presiding. 1 557 Page #3 - Council Minutes - 11/13/72 CAT & DOG ORDINANCES - DIRECTION FROM CITY COUNCIL The City Administrator stated that the staff has put together a cat and dog ordi- nance which will be introduced to the Council at its December 4, 1972 meeting. The Assistant City Administrator reported to the Council that negotiations had taken place with California Animal Control which will be handling the City's animal control enforcement. Included within the proposed ordinance is a recommended increase from $5 to $7 for the licensing of dogs. Mr. Castle explained the intentions of the City to erect a temporary over -night shelter where animals will be impounded prior to transportation to the County facility. Councilman Matney inquired as to the owner- ship of the facility where Mr. Sharkey currently operates. He was informed that although the City owns the land, Mr. Sharkey ohms the improvements. Councilman Matney questioned the possibility of condemning the improvements and taking over the operation. Mr. Castle indicated it may be possible to exchange properties since Mr. Sharkey owns the property.immediately east of this facility and a prop- erty value adjustment could be made with Mr. Sharkey. All of these areas are being, explored by the staff. Councilman Green asked if the ordinance would take into consideration a difference in impounding fees where a dog is licensed verf.us an unlicensed dog. The.staff will provide Councilman Green with this information. BY -,LAW REVISION COMMITTEE - (SCAG) Councilman Green mentioned that he had previously taken care of this item. REVENUE SHARING PROGRAM (COUNTY'S SHARE) The City Administrator reported that this subject was discussed at the Orange County League meeting on November b, 1972. It was recommended by the League that 507, of the County's revenue sharing funds be distributed among the Orange County cities based on a matching fund program to be used on priority items as determined by the local city and approved by the Orange County Board of Supervisors within the approved Federal Guidelines. Mr. Bob Finnell, President of the Orange County League of Cities, suggested it might be advantageous for the cities to attend the November 22nd Board of Supervisors meeting when this suggestion will be discussed. The City Administrator added he would have a recommendation prepared for the Council's review at its December 4, 1972, Council meeting indicating where the City's revenue sharing funds should be allocated. EDISON COMPANY - E.I.R. - RECOMMENDED COMMITTEE MEMBERS Mayor Pro-Tempore Bartlett requested that Council members present their suggestions as to who should be appointed to the Environmental Impact Report Committee at the November 20, 1972, Council meeting. O.C. HOUSING ADVISORY COMMITTEE - (APPOINT REPRESENTATIVE) The City Administrator stated that he had communicated with Dr, Kaufman who is a member of the Orange County Housing Authority regarding the appointment by the City of a representative to the Orange County Housing Advisory Committee. Mayor Pro Tempore Bartlett requested each Council member to submit suggestions to the Mayor so that an appointment can be made as soon as possible. Page #4 - Council Minutes - 11/13/72 FEDERAL AID - URBAN SYSTEMS PROJECTS The City Administrator informed the Council that the County Board of Supervisors has approved a list of projects submitted by the Arterial Highway Financing Program Tech- nical Committee for the expenditure of 1971-72 and 1972-73 urban funds. Two of the projects on that list are in Huntington Beach. One is the widening of Beach Boulevard from Adams Avenue to Pacific Coast Highway. The other project involves the inter -con- nection of traffic signals on Beach Boulevard from the 405 Freeway to Pacific Coast Highway. Both projects are estimated to cost $650,000 with 71% being financed from Federal Funds and the remaining portion divided between the City and State. The City Council gave approval to have the City employ a consulting engineer to prepare the plans, specifications and estimate, with Gas Tax Engineering Funds being used to defray the costs. This action will be formalized by the Council at its November 20, 1972 meeting. ADJOURNMENT On motion by Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned at 10:30 P.M. The motion was passed by thefollowing vote: AYES: Councilmen: ROES: Councilmen: ABSENT: Councilmen: ATTEST: Shipley, Bartlett, Gibbs, Green, Matney, Duke None Coen Paul C. nes City Clerk (7— - " (�2 Q�Zee�_� y er an - fficic Clerk of the City Council of the City of Huntington Beach, California B F yd Belsito puty City Clerk vin oe Mayor It 5