HomeMy WebLinkAbout1972-11-20MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, November 20, 1972
Mayor Coen called the regular meeting of the City Council of the City of Huntington
Beach to order at 7:00 P.M.
The Invocation was given by Reverend James DeLange - Faith Lutheran Church.
ROLL CALL
Councilmen Present: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
Councilmen Absent: None
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Gibbs, the following items were approved as recommended by the
following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
MINUTES - Approved and adopted minutes of the regular meeting of November 6, 1972,
and adjourned regular meeting of November 13, 1972, as written and on file in the
Office of the City Clerk.
RELEASE - LABOR & MATERIAL BOND NO. 623531 - TRACT NO. 6716 - Authorized the release
of Labor and Material Bond No. 623531 - Tract No. 6716 - Shapell, Inc., as the six
month hold period had been satisfied, and directed the City Clerk to notify the
developer, and the Treasurer to notify the bonding company of the action.
FINAL TRACT MAP NO. 7930 - WILLIAM I. ROUSEY - APPROVED - Accepted the offer of
dedication and improvement as shown on Final Tract Map No. 7930 located south of
Terry Drive, 417 feet east of Beach Boulevard; Acreage: 3.5; Lots: 18; Developer:
William 1. Rousey, Garden Grove, California; adopted the map subject to standard
conditions set forth by the Department of Public Works and the Planning Department
In Resolution No. 3056, adopted October 20, 1969, with the additional stipulation
that the final map shall be recorded prior to expiration of Tentative Tract Mali No.
7930 on September 19, 1973.
Further instructed the City Clerk that he may affix his signature to the map and
deposit same with any licensed title company after receipt of a writing from such
title company stating that it will not record said map or cause it to be recorded
until all conditions have been complied with, and receipt by such title company of
prior written consent to record said map from the City Clerk.
SUBDIVISION AGREEMENT TRACT NO. 7930 W.I.R. DEVELOPERS. INC. - Accepted Monument
Bond No. 106065 and Improvement Bond No. 106064 - (Surety Company of the Pacific);
approved and authorized execution of the Subdivision Agreement for Tract No. 7930
as recommended by the Director of Public Works.
CLAIM NO. 72-87 - PAMELA JENSEN - DENIED - Denied Claim No. 72-87 filed by Mrs. Pamela
Jensen for alleged damages to vehicle on or about October 28, 1972, on Warner Avenue,
and referred same to the City's insurance carrier.
CLAIM NO. 72-88 - WENDELL J. WITHERS - DENIED - Denied Claim No. 72-88 filed by
O'Rourke, Greenberg and Panish, Attorneys at Law, on behalf of Wendell J. Withers, for
alleged personal injuries sustained on or about September 21, 1972, on Pacific Coast
Highway between Beach Boulevard and Newland Street and referred same to the City's
insurance carrier.
eacco %2 - Council Minutes - 11,r20/72
CLAIM NO. 72-89 - SOUTHL RN CAT.il?ORN,;A GAS C;OMI'ANY DEINIED - lk,ar i i,d Claim No. 72.-€39 filed
b Sa;rthexn California Gas CompanyI�c�r rrllegc d ctartra.�;e - Ln I .rw 1 I i I i c oii or alwtrt Septem-
h r 25, 1972, io the vicinity t)f 201.82 Midland L.aiie , sand rek,rred ,;ime Co the City's
insurance carrier.
CLAIM NO. 72-90 - JOHN C. PATTERSON - DENIED - Denied Claim No. 72-90 filed by Robert
H. Huckenpahler, Attorney at Law, on behalf of John C. Patterson, for alleged personal
damages occurring on or about September 30, 1972, and referred same to the City's
insurance carrier.
CLAIM NO. 72-91 - SOUTHERN CALIFORNIA GAS COMPANY - DENIED - Denied Claim No. 72-91
filed by Southern California Gas Company for alleged damages to facilities on or about
September 19, 1972, in the vicinity of 16392 Gothard Street, and referred same to the
City's insurance carrier.
CLAIM NO. 72-92 - LILA M. HOPPER - DENIED - Denied Claim No. 72-92, filed by Robert
J. Findley, Attorney at Law, on behalf of Lila M. Hopper for alleged wrongful death of
son, Randy Alton Hopper, on or about August 14, 1972, in the vicinity of Bushard
Street and Adams Avenue, and referred same to the City's insurance carrier.
FINAL TRACT MAP NO. 7869 - SIGNAL LANDMARK, INC. - APPROVED - Accepted the offer of
dedication and improvement as shown on Final, Tract Map No. 7869 located north of
Indianapolis Avenue, 267 feet west of Magnolia Street; Acreage: 24.311; Lots: 118;
Developer: Signal Landmark, Inc., Santa Ana, California; adopted the map subject to
standard conditions set forth by the Department of Public Works and the Planning
Department in Resolution No. 3056, adopted October 20, 1969, with the additional
stipulations that the final map shall be recorded prior to expiration of Tentative
Tract Map No. 7692 on October 3, 1972 and that Park and Recreation fees shall be paid
prior to recordation of the final map.
Further instructed the City Clerk that he may affix his signature to the map and
deposit same with any licensed title company after receipt of a writing from such title
company stating that it will not record said map or cause it to be recorded until all
conditions have been complied with, and receipt by such title company of prior written
consent to record said map from the City Clerk.
SUBDIVISION AGREEMENT - TRACT NO. 7631 - A-S DEVELOPMENT CO. - Accepted Monument Bond
No. BND183-79-00 and Improvement bond No. BND183-79-00 (Firemen's Insurance Company of
Newark, New Jersey); approved and authorized execution of the Subdivision Agreement
for Tract No. 7631 as recommended by the Director of Public Works.
PUBLIC HEARING - ZONE CASE NO. 72-32 - APPROVED - ORD. NO. 1793 - FIRST READING
Mayor Coen announced that this was the day and hour set for a public hearing on Zone
Case No. 72-32 for a change of zone from C4 Highway Commercial District to R2 Medium
Density Residential District, on a 0.70 acre parcel of land located 300 feet northeast
of Pacific Coast Highway, 300 feet north of Warner Avenue.
The Planning Director presented a resume' of the Planning Commission's reasons for
recommending approval of Zone Case No. 72-32 and also slides -of the area for Council's
consideration.
The Clerk informed Council that all legal requirements for notification, publication and
posting had been met, and that he had received no communications or written protests to
Zone Case No. 72-32 or to the recommendation of approval. by the Planning Commission,
Mayor Coen declared the hearing open_
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Page #3 - Council Minutes - 11/20/72
Mr. Don Byrnes, Development Manager and Vice -President of Huntington Harbour Cor-
poration, City, addressed Council regarding the history of the development of the
property adjacent to the land under consideration for zone change.
Mr. Thomas Whaling, 18567 Santa Andrea, Fountain Valley, addressed Council and re-
quested that Council take no action on this matter until the Planning Commission
holds their meeting to consider the development of the property adjacent to this, area.
Discussion was held by Council.
The Planning Director stated that the Planning Commission has continued the study of
the property west of this area until an Environmental Impact Report is presented.
There being no one further present to speak on the matter, and there being no fur-
ther protests filed, either oral or written, the hearing was closed by the Mayor.
On motion by Matney, Council sustained the decision of the Planning Commission and
approved Zone Case No. 72-32 by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
On motion by Matney, Council directed that Ordinance No. 1793 - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL. PROPERTY LOCATED 300
FEET NORTHEAST OF PACIFIC COAST HIGHWAY AND 300 FEET NORTH OF WARNER AVENUE (ZONE
CHANGE NO. 72-32)," be read by title, and waived further reading by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - ZONE CASE NO. 72-33 - APPROVED - ORD. NO. 1794 - FIRST READING
Mayor Coen announced that this was the day and hour set for a public hearing on
Zone Case No. 72-33 for a change of zone from R5 Office -Professional District, to
MH Mobilehome District, on approximately a 30 acre parcel of land located 180 feet
north of Atlanta Avenue and 250 feet west of Beach Boulevard.
The Clerk informed Council that all legal requirements for notification, publication
and posting had been met, and that he had received no communications or written pro-
tests to Zone Case No. 72-33 or to the recommendation of approval by the Planning
Commission.
The Planning Director presented a resume' of the Planning Commission's reasons for
recommending approval of Zone Case No. 72-33 and also presented slides of the area
for Council's information.
Mayor Coen declared the hearing open.
Mr. Ray C. Elman, Project Manager for the applicant, Intrepido Development Company,
addressed Council in favor of the zone change.
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.
On motion by Bartlett, Council sustained the decision of the Planning Commission and
approved Zone Case No. 72-33 by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
hilt:
Page #4 - Council Minutes - 11/20/72
On motion by Green, Council directed that Ordinance No. 1794, "AN ORDINANCE OF THE CITY
OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION
9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED BETWEEN INDIAN-
APOLIS AVENUE AND A POINT APPROXIMATELY 600 FEET NORTH OF ATLANTA AVENUE ON THE WEST
SIDE OF BEACH BOULEVARD (ZONE CASE NO. 72-33)" be read by title, and waived further
reading by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - ZONE CASE NO. 72-34 - APPROVED - ORD. NO. 1795 - FIRST READING
Mayor Coen announced that this was the day and hour set for a public hearing on Zone
Case No. 72-34 for a change of zone from R3 Medium High Density Residential District
to R2 Medium Density Residential District, on an 8.3 acre parcel of land located at
the southwest corner of Delaware Street and Ellis Avenue.
The Clerk informed Council that all legal requirements for notification, publication
and posting had been met, and that he had received no communications or written pro-
tests to Zone Case No. 72-34 or to the recommendation of approval by the Planning
Commission.
The Planning Director presented a resume' of the Planning Commission's reasons for
recommending approval of Zone Case No. 72-34.
Mayor Coen 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 Gibbs, Council sustained the decision of the Planning Commission and
approved Zone Case No. 72-34 by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
On motion by Green, Council directed that Ordinance No. 1795, "AN ORDINANCE OF THE CITY
OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION
9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED SOUTHWEST OF DEL -
AWARE STREET AND ELLIS AVENUE (ZONE CASE NO. 72-34)" be read by title, and waived fur-
ther reading by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
TENTATIVE TRACT NO. 7850 - HUNTINGTON HARBOUR CORPORATION
Mayor Coen announced that the Council would discuss the report submitted by the City
Administrator on Tentative Tract No. 7850 - Huntington Harbour Corporation, and his
recommendation that an immediate hearing be held on the Cease and Desist Order to de-
termine revocation of permit and that an Environmental Impact Report be required prior
to issuance of City Building Permits and further construction.
The City Clerk confirmed that the property owners had been given notice of the Council
hearing to be held on this matter.
Mr. Robert Krueger, Attorney representing Huntington Harbour Corporation, addressed
Council concerning the Cease and Desist Order issued by the City on the project.
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Page 45 - Council Minutes - 11/20/72
The City Attorney read the communication he had prepared regarding the procedure
which should be followed by Council relative to the issuance of Cease and Desist
Orders on construction of projects for which permits have been issued and where an
Exemption Declaration or Environmental Impact Report has not been approved.
Mayor Coen announced that the Council hearing on this matter would be held later
in the meeting.
RESOLUTIONS
On motion by Green, Council directed the Clerk to read Resolution Nos. 3598, 3599, and
3600 by title, waived further reading and adopted same by the following roll call
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
RES. NO. 3598 - ADOPTED - REVISION OF CITY FUND APPROPRIATIONS - FISCAL YEAR 1971-72
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE RE-
VISION OF CITY FUND APPROPRIATIONS FOR THE FISCAL YEAR 1971-1972."
RES. NO. 3599 - ADOPTED - CHANGE OF STREET NAME - WOODRIDGE DRIVE TO GLEN DRIVE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR
CHANGE OF STREET NAME FROM WOODRIDGE DRIVE TO GLEN DRIVE."
RES. NO. 3600 - ADOPTED - APPROVES PROPOSED FEDERAL AID URBAN STREET SYSTEM
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE PRO-
POSED FEDERAL AID URBAN STREET SYSTEM FOR THE HUNTINGTON BEACH -ORANGE COUNTY URBAN-
IZED AREA PORTION OF THE LOS ANGELES-LONG BEACH METROPOLITAN AREA."
ORDINANCES FOR ADOPTION
On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1786, 1788
and 1790 by title; waived further reading and adopted same by the following roll
call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD. NO. 1786 - ADOPTED - "MISCELLANEOUS PROVISIONS"
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY REPEALING ARTICLE 973 IN ITS ENTIRETY AND ADDING NEW ARTICLE 973 ENTITLED
"MISCELLANEOUS PROVISIONS."
ORD. NO. 1788 - ADOPTED - DISPOSAL OF REFUSE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING ARTICLES 311, 321, 322, 323, 324 AND 326, AND ADDING THERETO NEW
ARTICLE 311 PERTAINING TO TRANSPORTATION, STORAGE, COLLECTION AND DISPOSAL OF REFUSE."
Page #6 - Council Minutes - 11/20/72
ORD. NO. 1790 - ADOPTED - SIGN REGULATION
"AN ORDINANCE OF THE CITY OF HUNTINGTON 13EACIi AMENDINC THE BUNT [NCTON BE.ACll ORDINANCE.
CODE BY REPEALING SUBSECTION (b) OF SECTION 9764.4.1, AND AMENDING SECTION 9762.4
SUBSECTION (b) OF SECTION 9763.1.5.2, SUBSECTION (g) OF SECTION 9763.2, SECTIONS
9764.2.1.3, AND 9764.3.2, AND ADDING THERETO SECTION 916L�.4.3, ALL PERTAINING TO SIGN
REGULATION IN SAID CITY."
ORDINANCES FOR INTRODUCTION
On motion by Gibbs, Council directed the Clerk to read Ordinance Nos. 1791 and 1792 by
title and waived further reading by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD. NO. 1791 - FIRST READING - ZONE CASE NO. 72-30
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY
LOCATED EAST OF BOLSA CHICA STREET APPROXIMATELY 500 FEET NORTH OF WARNER AVENUE (ZONE
CASE NO. 72-30) ."
ORD. NO. 1792 - FIRST READING - HARBOR SANITATION
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY ADDING THERETO SECTIONS 7634 AND 7635 PERTAINING TO HARBOR SANITATION."
APPLICATION - CERT. OF PUBLIC NEED & NECESSITY - HASTINGS PATROL & GUARD SERVICE - APPROVED
The Clerk presented a request for a Certificate of Public Need and Necessity submitted
by Mr. Billy J. Hastings dba Hastings Patrol & Guard Service, 3611 West Crystal Lane,
Santa Ana, to operate a private patrol service throughout the City. He further informed
Council of the recommendation of approval by the Police Department and City Adminis-
trator.
On motion by Green, Council granted a Certificate of Public Need and Necessity to
Mr. Billy 3. Hastings dba Hastings Patrol & Guard Service, to operate a private patrol
service throughout the City, with the stipulation that if said business ceases oper-
ation in the City for a six month period, the Certificate shall become null and void.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
COMMUNICATION-H.B. UNION HIGH SCHOOL DIST.-RECEIVED & FILED -JOINT MEETING SCHEDULED
The Clerk presented a communication from the President of the Board of Trustees of
the Huntington Beach Union High School District requesting that Council give careful
examination to building proposals which would affect population density in schools.
On motion by Gibbs, the City Administrator was directed to endeavor to set up a joint
meeting between the Council and representatives of all elementary school districts
within the City and the Huntington Beach Union High School District?after receiving
input from the city staff regarding the reduction of school population density.
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Page #7 - Council Minutes - 11/20/72
The motion made by Councilwoman Gibbs was passed by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Cibbs, Green, Matney, Duke
NOES: Councilmen: Coen
ABSENT: Councilmen: None
Mayor Coen ordered the communication from the Huntington Beach Union High School
District received and filed.
REPORT - CORROSION OF ALUMINUM DOOR SILLS
The City Administrator informed Council that they had been provided with .copies of
his report relative to remedying the City's problem of corrosive action to aluminum
door sills particularly in the low level areas of the city. Mr. Rowlands stated
that the Federal Housing Administration is also concerned with this problem and that
he would keep Council informed of any new developments in this area.
INTERIM POLICY FOR ENVIRONMENTAL IMPACT REPORT PROCEDURES & GUIDELINES -APPROVED AS AMENDED
The Administrator informed Council that it was his recommendation that Council approve
the Interim Policy for Environmental Report Procedures and Guidelines relative to
the processing of environmental impact data for private or public development projects.
He informed Council that the copies of the report provided to them contained the two
minor revisions reflected in the Addendum to the Policy.
Mayor Coen suggested that the word "present" be inserted before the word "ability" in
part 20 of No. 2 of the Addendum and the City Attorney stated that for further clari-
fication the word "future" should also be inserted so that part 20 reads as follows:
20. To what extent, if any, will the proposed project affect basic governmental
services (including, but not limited to, police, fire, sewers, schools, roads)
and the present and future ability of government to provide such services?
A motion was made by Councilman Green to approve the Interim Policy for Environmental
Impact Report Procedures and Guidelines, and the Addendum thereto, including the
insertion of the words "present and future" as recommended by the City Attorney.
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
EXPENDITURE OF REVENUE SHARING FUNDS
The City Administrator submitted a report to the Council Members concerning the action
of the Orange County League of Cities Committee on Revenue Sharing which had met on
the morning of November 20, 1972 to discuss a cooperative program with the County of
Orange with reference to revenue sharing. The Committee consisting of the Mayors of
Anaheim, Cypress, Fullerton and Placentia and the City Managers or Administrators.of
Brea, Garden Grove, La Habra, Huntington Beach and Tustin developed the following
recommendations:
1. That 50% of the County's revenue sharing funds be expended by the Board of
Supervisors for projects that will have an impact on all of the residents of
the County.
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Page # 8 - Council Minutes - 11/20/72
2. That the remaining 507 of the County revenue sharing funds be distributed on a
50/50 matching basis with the 26 cities in the County, with the understanding
that each city will determine its own priorities but the projects would have to
be approved by the Orange County Board of Supervisors and fall within the approved
guidelines for revenue sharing.
3. The program as outlined in (1) and (2) above would be tried out for a period of
one year. If modifications of the program are required, adjustments could be
made at the end of the year.
The members of the Revenue Sharing Committee of the Orange County League stressed the
fact that this was a reasonable and equitable approach to the sharing of these County.
funds, particularly since it was realized that approximately 877 of the population in
the County is located in the cities and since about the same percentage of assessed
valuation for the County is represented in the cities.
The City Administrator also reminded the Council Members that a special meeting has
been called by Robert Finnell, President, Orange County League of Cities for Monday,
December 4th at noon in Friedemann Hall, City of Orange. All of the cities were re-
quested to discuss the revenue sharing subject prior to the December 4th meeting in
order that they can present a united front when they appear before the County Board of
Supervisors on Wednesday, December 6th, the date on which the revenue sharing hearing
is to be conducted by the Board. A motion was then made, seconded and unanimously carried
that the Huntington Beach City Council petition the Board of County Supervisors to
adopt a uniform and equitable formula for the distribution of the revenue sharing
funds received by the County as outlined above (1, 2 and 3).
On motion by Shipley, Council approved the General Policy for the utilization of Fed-
eral Revenue Sharing Funds as recommended by the County League Committee including
the City Administrator, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
HEARING - TENTATIVE TRACT NO. 7850 & TRACT NO. 4880 - HUNTINGTON HARBOUR CORP.
Mayor Coen announced that this was the day and hour set for a hearing to consider and
determine whether or not there may be a significant impact on the environment by the
construction of Tract 7850 and the building of the docks and slips in Tract 4880; if
a Cease and Desist Order upon these projects should be imposed, and whether or not an
environmental impact report is to be filed and approved.
Mayor Coen declared the hearing open.
Mr. Milton R. Beychok, 17142 Courtney Lane, City, representing the Huntington Harbour
Property Owners Association, addressed Council and distributed a communication listing
chronologically the events which have transpired on Tentative Tract No. 7850. He
spoke at length concerning environmental aspects of the matter and stated that con-
struction should not proceed without the prior approval of State and Federal Agencies
which he claimed is required under the conditions of the Use Permit.
Mrs. Katherine Wallin, City Planning Commissioner, addressed Council concerning the
matter, emphasizing that the acceptance of the report prepared by Moffat and Nichol,
Engineers for Huntington Harbour Corporation was not intended to rescind Condition
#5 of the Planning Commission's Conditions of Approval which requires a detailed plan
showing that pedestrian circulation shall be approved by the Planning Department prior
to issuance of building permits, grading permits or recordation of final map.
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Page # 9 - Council Minutes - 11/20/72
Discussion was held by the Council and City Attorney on the matter.
Mayor Coen ordered the letter written to the California Regional Water Quality Con-
trol Board by the Environmental Council Chairman received and filed.
Mr. Robert Krueger, Attorney representing Huntington Harbour Corporation, addressed
Council at length regarding the matter, and stated that the Use Permit issued did
not require prior approval of the various agencies as previously stated. He spoke
regarding the "Friends of Mammoth" decision and stated that it was not applicable to
the development. He presented reasons why Huntington Harbour Corporation believed.
the Cease and Desist Order should be terminated and the development allowed to proceed.
Dr. Andrew Grant, 1000 E. Walnut, Pasadena, addressed Council on the matter.
There being no one further present to speak on the matter and there being no further
protests filed, either oral or written, the heal-ing was closed by the Mayor.
A motion was made by Councilman Matney to approve the City Attorney's recommendation
and terminate the Cease and Desist Order, stipulating that an Environmental Impact
Report must be submitted in relation to building permits already issued, and further
construction, and to building permits which have not as yet been issued.
The City Attorney stated that Councilman Matney's motion would be in order, pursuant
to Council making a finding of fact that it would be a significant impact upon the
environment, and that Mr. Krueger, Counsel for Huntington Harbour, so stipulates.
The Attorney representing Huntington Harbour Corporation stated that Huntington Har-
bour Corporation would meet the environmental standards of the City in the construction
of the project, and would submit an Environmental Impact Report on the uncompleted
portion of the project.
The motion made by Councilman Matney was then passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen
NOES: Councilmen: Gibbs, Duke
ABSENT: Councilmen: None
Mr. Jim Bentson, Attorney, representing the Huntington Harbour Property Owners Assoc-
iation, addressed Council regarding the Cease and Desist Order issued by the City on
the building of docks and slips in Tract 4880 - Huntington Harbour.
The City Attorney informed Council that a motion would be in order to impose a Cease
and Desist Order upon Tract 4880 upon stipulation by Huntington Harbour Corporation,
through its Counsel, Mr. Krueger, that it shall continue until an Environmental Impact
Report has been prepared and presented pursuant to, and in accordance with, the
Interim Policy for E.I.R. Procedures and Guidelines adopted by the Council this date.
On motion by Matney, Council imposed a Cease and Desist Order upon Tract 4880 upon
stipulation by Huntington Harbour Corporation, through its Counsel, Mr. Krueger, that
it shall continue until an Environmental Impact Report has been prepared and presented
pursuant to, and in accordance with, the Interim Policy for E.I.R. Procedures and
Guidelines adopted by the Council at this 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
Page #10 - Council Minutes - 11/20/72
EXECUTIVE SESSION CALLED
The Mayor called an executive Session of Council to discuss pending litigation.
RECESS
Mayor Coen called a recess of the Council at 10:20 P.M.
RECONVENE
The meeting was reconvened at 11:10 P.M. by the Mayor.
COMMITTEE APPOINTED - EDISON COMPANY EXPANSION - LANDSCAPING PLANS
Mayor Coen appointed Councilmen Shipley and Green to serve on a coilnittee to work with
the Southern California Edison Company in connection with the landscaping plans and
other considerations in regard to the Edison Company's proposed expansion. He directed
that Mr. Rowlands, through the staff, request the Chairman of the Planning Commission
to appoint two Planning Commissioners to serve on the Committee, and that the Chairman
of the Environmental Council be requested to do likewise. Mayor Coen stated that
Councilman Shipley would assume responsibility of coordinating the committee's meetings.
RES. NO. 3601 - ADOPTED - AMENDS RES. NO. 3082 - TOP OF PIER DEVELOPMENT PLAN
The City Clerk was directed to read Resolution No. 3601 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 3082 WITH RESPECT
TO THE TOP OF THE PIER DEVELOPMENT PLAN."
On motion by Bartlett, Council waived further reading of Resolution No. 3601 and adopted
same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
RECESS - PARKING AUTHORITY MEETING CONVENED
Mayor Coen called a recess of the Council at 11:15 P.M. He then called a meeting of the
Parking Authority of the City of Huntington Beach to order.
MINUTES
On motion by Green, the minutes of the November 16, 1970 meeting of the Huntington
Beach Parking Authority were approved and adopted as prepared and mailed by the Secretary.
The motion was passed by the following vote:
AXES: Directors: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Directors: None
ABSENT: Directors: None
FINANCIAL STATEMENTS - APPROVED
On motion by Green, the Financial Statements as prepared by Diehl, Evans & Company and
mailed to the Directors of the Huntington Beach Parking Authority on February 9, 1971,
were approved by the following vote:
Page #11 - Council Minutes - 11/20/72
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AYES: Directors: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Directors: None
ABSENT: Directors None
RES. NO. 15 - ADOPTED - ABANDONMENT OF CONDEMNATION ACTIONS
The Secretary read Resolution No. 15 by title - "A RESOLUTION OF THE PARKING AUTH-
ORITY OF THE CITY OF HUNTINGTON BEACH REPEALING RESOLUTION NO. 14 OF SAID AUTHOR-
ITY, AND AUTHORIZING THE ABANDONMENT OF CONDEMNATION ACTIONS AND DIRECTING THE CITY
ATTORNEY TO ENTER DISMISSALS THEREIN."
On motion by Gibbs, the Authority waived further reading of Resolution.No 15 and
adopted same by the following roll call vote:
AYES: Directors: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Directors: None
ABSENT: Directors: None
ADJOURNMENT
On motion by Green, the meeting of the Huntington Beach Parking Authority adjourned
at 11:19 P.M. by the following vote:
AYES: Directors: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Directors; None
ABSENT: Directors: None
RECONVENE
Mayor Coen reconvened the regular meeting of the City Council of the City of Hunt-
ington Beach at 11:19 P.M.
COMMENTS FROM COUNCIL
PLANNING DEPARTMENT TO RE -INSTITUTE ZONE CHANGE
Following discussion, on motion by Matney, Council directed the Planning Department
to reinstitute a change of zone from C3 General Business District to R3 Limited
Multiple Family Residence District on property located at. 410 filth Street, legally
described as Lot #1, Block A, Tract No. 1092. The motion was passed by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen
NOES: Councilmen: Green, Duke
ABSENT: Councilmen: ,None
ILLEGAL SIGNS ON PUBLIC PROPERTY
A motion was made by Councilman Green requesting that the Home Council communicate
with residents in tract areas, advising them of the illegality of placing garage sale
signs on public property. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
Page #12 - Council Minutes - 11/20/72
VEHICLE EXAUST EMISSIONS
Councilman Green reported that, in speaking before the Board of Supervisors on the Air
Pollution Control District, he found that the District believed that they had no control
over auto exaust emissions. He stated that he had informed the District that, under
State Law, the emission of smoke was the only evidence necessary to cite drivers for
smoking vehicles, and that the County could institute an enforcement patrol by en-
couraging local police departments to be aware of this matter. He stated that he
understood that the District had recommended to the Board that this matter be pursued.
On motion by Green, Council requested the City Administrator to discuss with the Police
Department the subject of automobile emission controls and smoking vehicles within the
City. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
RESOLUTION OF COMMENDATION - TELEVISION STATION KOCE
A motion was made by Councilman Duke, that a Resolution of Commendation be prepared
and forwarded to Orange County's first television Station - KOCE - Channel 50 - which
on November 20, 1972, began its first day of broadcasting in the City of Huntington
Beach. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ASSENT: Councilmen: None
COUNCILWOMAN GIBBS APPOINTED AS REPRESENTATIVE TO NATIONAL LEAGUE OF CITIES CONVENTION
A motion was made by Councilman Green, to officially designate Councilwoman Gibbs as
the City Council's representative to the National League of California Cities Convention
in Indianapolis, Indiana, November 26-30, with reasonable expenses allowed. The motion
was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ITEMS RECEIVED AND FILED BY THE CITY COUNCIL
P-1. State Board of Equalization - Administrative Cost Refund.
P-2. Final Report from "Committee on the Handicapped."
P-3. Minutes of General Assembly - Intergovernmental Council Committee.
P-4. Monthly Progress Report - Library Project.
P-5. Recreation and Parks Monthly Report
P-6a Fire Department Monthly Report - September.
P-6b Fire Department Monthly Report - October.
P-7. Building Department Monthly Report.
P-8. Oil Field Department Monthly Report.
P-9. Planning Department Monthly Deposit Summary.
P-10a Public Works Monthly Deposit Summary - August.
P-10b Public Works Monthly Deposit Summary - September.
P-11. Letter from Southern California Edison Company regarding studies on aesthetic
treatment.
Page #13 - Council Minutes - 11/20/72
P-12. Letter from office of Supervisor Caspers regarding public hearings on revenue
sharing.
P-13. Harbors & Beaches Department - Monthly Activity Report.
P-14. Noise Disturbance at 6181 Dundee Drive.
P-15. Central Park Concession - Musgrove letter.
INFORMAL MEETING CALLED
Mayor Coen called an informal meeting of the Council as a Committee -of -the -Whole for
Monday,. December 4, 1972, at 5:00 P.M. in the Administrative Annex to meet with the
Goals and Objectives Committee.
ADJOURNMENT
On motion by Green, the regular meeting of the City Council of the City of Huntington
Beach adjourned at 11:30 P.M. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
1
ATTEST:
1
Paul C ones
City Clerk
City Clerk and-officio Clerk
of the City Council of the City
of Huntington Beach, California
Alvin M. Coen
Mayor
11 11�;2