HomeMy WebLinkAbout1973-05-071
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 926a
OFFICE OF THE CITY CLERK
CALL FOR SPECIAL MEETING
OF
CITY COUNCILMEN
-Jerry A. Matney, Mayor
— T. W. Bartlett, Councilman
Alvin M. Coen, Councilman
Henry H. Duke, Councilman
Norma Brandel Gibbs, Councilwoman
-N. John V. V. Green, Councilman
Donald D. Shipley, Councilman
Gentlemen:
You are hereby notified that a Special Meeting of the City Council of the City of
Huntington Beach, California, is called for and will be held in the Administrative
Annex of the Civic Center, at the hour of 5:00 P.M. on Monday, May 7, 1973, for
the purpose of calling an informal meeting of the Council as a Committee -of -the -
Whole.
Dated: May 4, 1973
MT, City of Huntington Bea , Calif.
ATTEST:
City clerk
I hereby certify that I received the above notice, "Call For Special Meeting of the
City Councilmen," prior to 5:00 P.MA on Sunday, May .6, 1973.
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
MINUTES
e
Administrative Annex, Civic Center
Huntington Beach, California
Monday, May 7, 1973
Mayor Matney called the Special Meeting of the City Council of the City of Huntington
Beach to order at 5:00 P.M.
ROLL CALL
Councilmen Present: Bartlett, Gibbs, Green, Coen, Duke, Matney
Shipley - (arrived at 6:00 P.M.)
Councilmen Absent: None
CALL FOR SPECIAL MEETING
The City Clerk read the Call for Special Meeting which had been received and con
rented to by all Councilmen prior to 5:00 P.M., on Sunday, May 6, 1973, for the pair-
pose of calling an informal meeting of the Council as a Committee -of -the -Whole.
CALL FOR SPEC L41 14EET ING
OF
CITY COUNCIUim
.TERRY A. MATNEY, Mayor
T. W. BARTLETT, Councilman
ALVIN M. WEN, Councilman
HENRY H. DUKE, Councilman
NORMA BRANDEL GIBBS, Councilwoman
N. JOHN V. V. GREEN, Councilman
DONALD D. SHIPLEY, Councilman
Gentlemen:
You are hereby notified that a Special Meeting of the City Council of the City of
Huntington Beach, California, is called for and will be held in the Administrative
Annex of the Citric Center, at the hour of 5:00 P.M., on Monday, May 7, 1973, for the
purpose of calling an informal meeting of the Council as a Committee -of -the -Whole.
Dated: May 4, 1973
ATTEST:
/S/ Alicia M. Wentworth
City Clerk
/S/ Jerr_X A. Matnel
Mayor, City of Huntington Beach, CA
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Page #2 - Council Minutes - 5/7/73
I hereby certify that I received the above notice, "Call For Special Meeting of the
City Councilmen," prior to 5:00 P.M., on Sunday, May 6, 1973.
MAYOR
/S/
Jerry A. Matney
COUNCILMAN
/S/
_Noma B. Gibbs
COUNCILMAN
/S/
Henry H. Duke
COUNCILMAN
/S/
'Ted W/ Bartlett
COUNCILMAN
/S/
Felicia Coen for Alvin M. Coen
COUNCILMAN
/S/
N. Joan V. V. Green
COUNCILMAN
/S/
Donald D. Shipley
TNFORMAL MEETING CALLED
Mayor Matney called an informal meeting of the Council as a Commnittee-of-the-Whole.
RECESS
The Mayor then called a recess of the Council at 5:12 P.M., and dismissed the City Clerk.
RECONVENE
The meeting was reconvened at 6:40 P.M, by the Mayor.
ADJOURNMENT
On motion by Bartlett, the Special Meeting of the City Council of the City of Huntington
Beach adjourned at 6:40 P.M. by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ATTEST:
/ le2
Alicia M. Wentworth
City Clerk
_ _ r
City Ci.erk. at�d ex-nffzcio Clerk
of the City Council of the City
of Huntington Beach, California
erry A. Matney
Mayor
"110 --1"
if OA.�
MINUTES.
Council Chamber, Civic Center
Huntington Beach, California
Monday, May 7, 1973
Mayor Matney called the 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 Council Chamber.
The Invocation was given by Reverend Harvey Anderson - King of Glory Lutheran
Church.
ROLL CALL
Councilmen Present: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
Councilmen Absent: None
"COMMUNITY FESTIVAL DAY" - MAY 12 1973 - YMCA INDIAN MAIDENS INDIAN GUIDES &
'WRANGLERS INTRODUCED
Mayor Matney announced that the Fourth Annual City Festival, sponsored by the
Huntington Beach Coordinating Council, would be held at Murdy Park on Saturday,
May 12, 1973. He stated that the YMCA Indian Maidens, Indian Guides and Wranglers
were present to invite the members of the community to the festival.
YMCA Indian Maiden, Missy Moore, gave a personal invitation to the City Council
inviting them to attend the. City Festival, and Mr. Sam Wurtzbacher, representative
of the Huntington Beach YMCA, urged the community's attendance at the event.
PROCLAMATION - "YES WEEK" YOUTH EMPLOYMENT SERVICE - MAY 7-12 1973)
Mayor Matney introduced Mrs. Janie Koch, Youth Employment Service Coordinator, and
read a Proclamation designating May 7-12, 1973 as "YES WEEK" in the City of Huntington
Beach in recognition of the efforts of the Youth Employment Service in placing
youngsters in jobs and to urge residents to hire youth whenever possible.
COMMENDATION - JUNIOR WOMAN'S CLUB - YOUTH EMPLOYMENT SERVICE
Mayor Matney introduced Mrs. Carol Foss and Mrs. Bobbie Shepard, representing the
Junior Woman's Club of Huntington Beach, and presented them with a Certificate of
Commendation for outstanding service to the youth of the community for their
10,000 hours of volunteer time devoted to the Youth Employment Service, which has
found over 5,000 jobs for the young people of the community since May, 1971.
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Page #2 - Council Minutes - 5/7/73
PROCLAMATION - "WEEK OF THE YOUNG CHILD" - MAY 12-19, 1973
Mayor Matney read a Proclamation designating the week of May 12-19, 1973 as "Week of
the.Young Child" sponsored throughout the State by the Parent Participation Nursery
Schools.
Mrs. Diane Jones, representing the Huntington Beach Community Nursery School, accepted
the proclamation and stated that "Week of the Young Child" displays from the nursery
schools could he seen at Huntington Center. She then presented Mayor Matney with an
artistic piece of handicraft created for.the Mayor by.the children of the North
Huntington Beach Community Nursery School.
PROCLAMATION - "FIRE SERVICE RECOGNITION DAY" - MAY 12, 1973
The Mayor read a Proclamation designating May 12, 1973,as "Fire Service Recognition Day"
and urging all citizens to visit their nearest,fire station to'become acquainted with
the firemen of Huntington Beach, the apparatus and equipment, and professional services
they render to the City.
Fire Chief Picard accepted the proclamation and stated that all fire stations would be
open to the public and that there would be displays and apparatus on view at Murdy Park
during the Community Festival Day.
PROCLAmA.TION - "POPPY DAYS" - MAY 18-19, 1973
Mayor Matney read a Proclamation designating May 18-19, 1973,'"POPPY DAYS" in the.City
of Huntington Beach and urged all citizens to purchase poppies in order to aid the
men who have served this nation so well over the years in the armed services. He
introduced Miss Barbara Davis, "Poppy Girl", who presented him with the first poppy
of 1973. The poppies are to be sold by the women of American Legion Post 133 Auxiliary.
CONSENT CALENDAR - (ITEMS APPROVED)
Councilman Shipley requested that the Consent Calendar item pertaining to the agreement
with Signal Landmark be withheld for separate discussion. .
On motion by Green, the following items were approved as recommended by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
MINUTES - Approved and adopted minutes of the adjourned regular meeting of April 16, 1973,
regular meeting of April 16, 1973 and the Special Meeting of April 30, 1973, as written
and on file in the office of the City Clerk.
NOTICE OF COMPLETION - CC-237 - WATER WELL NO. 6 - Accepted work on the construction and
development of a reverse rotary drilled, gravel envelope water well on Heil Avenue west
of Beach Boulevard - site location changed to Murdy Fire Station, completed by
Beylik Drilling, Inc., for a final contract amount of $51,981.10, and directed the
City Clerk to file a Notice of Completion with the Orange County Recorder.
RELEASE - LABOR & MATERIALS BOND - TRACT NO. 5923 - Authorized the release of Labor
and Materials Bond #15-3-8883 - Tract No. 5923 - William Lyon Development Company, 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.
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Page #3 - Council Minutes - 5/7/73
CLAIM NO. 73-27 - GEORGE & ELSIE DUDROW - Denied Claire No. 73-27 filed by Richard S.
Diamond, Attorney at Law, on behalf of George and Elsie Dudrow, for alleged wrongful
death of son, Daniel G. Dudrow, on or about January 7, 1973 in the vicinity of the
intersection of Terry Drive and Glenhaven Lane.
ROAD EASEMENT - SOUTHERN CALIFORNIA EDISON CO.� - APPROVED - Approved a road easement
from Southern California Edison Company for street improvements in conjunction with.
the Center Drive project located north of Edinger Avenue and west of Gothard Street;
authorized the Mayor and City Clerk to execute same on behalf of the City and.,
authorized the Finance Officer to draw a warrant in the amount of $200 in favor of
Southern California Edison Company for engineering and processing fees.
DEDICATED IMPROVEMENTS - TRACT NO. 7572 - CLASSIC DEVELOPMENT CORP. - Accept
improvements dedicated for public use in Tract No. 7572 - located north of Ellis
Avenue and east of Beach Boulevard; authorized the release -of the faithful performance
portion only of the Improvement Bond, the Monument Bond, and the termination of the
Subdivision Agreement, and directed the City Clerk to notify the developer, and the
Treasurer to notify the bonding company.
_SUBDIVISION AGREEMENT - TRACT N0.7627 - DERBY 1A14D CO. - Accepted Monument Bond
No. 083321, Faithful Performance Bond No. 083320, Labor and Material Bond No. 083320 -
(Argonaut Insurance Co.); and authorized the execution of the Subdivision Agreement for
Tract No. 7627, as recommended by the Director of Public Works.
MAIN STREET LANDSCAPING - CC-244 - Approved plans and.specifications for the
construction of irrigation and landscaping improvements on Main Street between
Springfield Avenue and Mansion Avenue, and directed the City Clerk to advertise.
for bids.
AGREEMENT - HUNTINGTON BF_hCH COMP�INY APPROVED - Approved an agreement between the
City and the Huntington Beach Company to amend a License Agreement. dated August 8,
1967, to allow the construction of paving, which has already been performed, over
the southerly portion of the area licensed for a public playground - located on the
northeast corner of Memphis Avenue and Lake Street, and authorized the Mayor and City
Clerk to execute same on behalf of the City.
ATLANTA AVENUE STORM DRAIN & PUMP STATION - CC-221 - APPROVED - Plans and specifications
for the construction of (1) a drainage pump station north of Atlanta Avenue adjacent
to -the Huntington Beach Channel, east of Beach Boulevard - (2) a storm drain located
at Atlanta Avenue westerly from the proposed pump station to future Delaware Street
(3) a storm drain in'Delaware Street from Atlanta Avenue north to Detroit Street
and - (4) a storm drain in Beach Boulevard from Atlanta Avenue to 500 feet north,
and directed the City Clerk to advertise for bids upon, notification from the
Director of Public Works.
GEOLOGICAL & SEISMIC STUDY - Authorized the Planning Department to negotiate a
contract with Leighton -Yen and Associates to perform a geologic and seismic study
for the City for the sum of $7,500, as recommended by the Planning Director.
REIMBURSEMENT - WATER MAIN - FRANK AYRES - APPROVED - Reimbursement in the amount
of $19,690.29 to Frank H. Ayres & Son for the construction of an oversized water
main in Banning Avenue, Brookhurst Street, and Bushard Street, as recommended by the
Director of Public Works.
Page #4 - Council Minutes - 5/7/73
TRAFFIC SIGNAL AGREEMENT - CITY OF WESTMINSTER - APPROVED - An agreement between the
City of Huntington Beach and the City of.Westminster for financial participation in
the construction of a traffic signal at Edwards Street and Mar Vista Drive necessitated
by anticipated traffic to be generated by the Sear's Shopping complex in the northeast
quadrant of Bolsa Avenue and Edwards Street, for a total cost of $34,500, of which
$12,000 will be the City's share; and authorized the Mayor and City Clerk to execute
same on behalf of the City.
AGREEMENT - JACK I. MOBLEY - APPROVED - An agreement between the City and Jack I.
Mobley for the sale of firewood on City -owned beach during the 1973 summer season, and
authorized the Mayor and City Clerk to execute same on behalf of the City.
CLAIM NO. 73-29 - RALPH ELLISON - DENIED - Claim No. 73-29 filed by Ralph Ellison for
alleged damage to minor son's bicycle on or about April 25, 1973 at Edi.son.High School.
LATE CLAIM NO. 73-28 - IG_NACIO A. MANRI2UEZ - REFUSED & APPLICATION FOR LEAVE TO PRESENT
LATE CLAIM - DENIED - Refused to accept late claim filed by Harvey R. Gerber, Attorney
at Law, on behalf of Ignacio A. Manriquez, for alleged personal damages, and denied
"Application For Leave To Present A Late Claim."
SUBDIVISION AGREEMENT - TRACT NO. 7772 - ALVA WILSON CO. - Accepted Monument Bond
No. SC-7108619, Faithful Performance Bond No. SC-7108618, Labor and Materials Bond
No. SC-7108618 - (Fireman's Fund of America); and authorized the execution of the
Subdivision Agreement for Tract No. 7772 as recommended by the Director of Public Works.
FINAL TRACT MAP NO. 7850 - AGREEMENT - HUNTINGTON PACIFIC LTD. - APPROVED - Accepted the
offer of dedication and improvement as shown on Final Tract Map No. 7850, a.portion of
Tentative Tract Map No. 7850, located south of Edinger Avenue, west of Santa Barbara
Lane; Acreage: 6.820; Lots: 34; Developer: Huntington Harbour Corporation, Huntington
Beach, 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 the expiration of Tentative Tract Map No. 7850 on May 16, 1973, and that Park
and Recreation fees shall be paid prior to recordation of the final map - approved
agreement affecting Tract 7850 and authorized the Mayor and City Clerk to execute same
on behalf of the City.
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 conditions
have been complied with, and receipt by such title company of prior written consent to
record said map from the City Clerk.
AGREEMENT - SIGNAL LANDMARK - APPROVED
The City Clerk presented an agreement between the City of Huntington Beach and Signal
Landmark Company for the acquisition of a 10 to 11 acre parcel at the base of the bluff
north of Adams Avenue, east of Beach Boulevard for a drainage retention basin and marsh.
Councilman Shipley inquired as to when the rest of the property would be deeded to the
City and whether the Newland ranch house would be moved from the site, and the City
Administrator informed him that plans were to relocate the house in the same area, unless
other arrangements are made.
The Recreation and Parks Director reported on the proposed development for the area
stating that it was the developer's intention to develop the area without damaging the
appearance of the hill. He stated that the developer had indicated that they would like
the house moved approximately 150 feet to the southeast of its present location, however,
no decision had been reached, but when the committee reaches a final endorsement of the
plan, it will be presented to the Council.
Page'#5 - Council Minutes-.5/7/73
■
On motion by Shipley, Council approved the agreement between the City and Signal
Landmark Company for the acquisition of 10 to 11 acre parcel of land at the base of
the bluff north of Adams Avenue, east of Beach Boulevard for a drainage retention
basin and marsh, and authorized the Mayor and City Clerk W execute same on behalf
of the City. The motion was passed by the following roll call vote
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke,.Matney
NOBS: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - USE PERMl:T #73-11 - REQUEST FOR HEARING - K-MAW INC. - TT #8106 -
DENIED
Mayor Matney announced that this was the day and hour set for a public hearing
pursuant to a request for hearing following denial. by the Planning Commission of
Use Permit No. 73-11 and Tentative Tract Map $106 to allow the conversion of an
approved apartment complex into a condominium development. Said apartment complex
consists of 74 units on 5.04 acres of land located at the southwest corner of Pearce
and Sims Streets.
The Clerk informed Council that all legal requirements for notification,.publication,
and posting had been met, and that she had received no communications or.written
protests to Use Permit No. 73-11 or Tentative Tract flap $106, or to the recommendation
of denial by the Planning Commission.
The Planning Director presented a resume' of the Planning Commission's reasons for
recommending denial. of Use Permit No. 73-11 and Tentative Tract Map 8106.
Mayor Matney declared the hearing open.
Mr. Kenneth J. Golden, Attorney, 7842 Westminster Avenue, Westminster, representing
.the applicant, addressed Council at length regarding the proposed development and
gave reasons why he believed it should be approved as a condominium development:
Mr. Jan Truskier, representing the firm of Tom & Truski:er, Architects, addressed
Council and stated the reasons why he believed the applicant's request should be
approved.
Mr. Floyd Jones, representing K-Maw, Inc., addressed Council and stated that he was
available to answer any questions Council may have on the matter.
Discussion was held between the Council and Mr. Jones regarding the development.
Mr. Kenneth Kerins, 17392 Encino Circle, City, President of the Home Council,
addressed Council and stated that he did not believe the development should be
approved as it did not conform to the City's requirements for a Planned Residential
Development.
A emotion was made by Councilwoman Gibbs to sustain the decision of the Planning
Commission and deny Use Permit No. 73-11 and Tentative Tract Map No. 8106.
Discussion was held between the Council, and City Attorney regarding the legal
ramifications of the matter.
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Page #6 - Council Minutes 5/7/73
A vote was then taken on the motion made by Councilwoman Gibbs to sustain the decision
of the Planning Commission and deny Use Permit No. 73-11 and Tentative Tract Map No: 8106
and was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PROPOSAL - CHANGES IN SURFING REGULATIONS - REFERRED
The City Clerk presented a communication submitted by a committee consisting of LeRoy
Grannis, Steve Boehne, Jerry Smith, and Rus Calisch, regarding thEtir proposals for
changes in the City's surfing regulations.
Mr. Rus Calisch, 27152 Pacific Coast Highway, City, addressed Council and stated that
he was speaking for Mr. LeRoy Grannie. He re -submitted the communication prepared by
the committee and spoke regarding their proposal to legalize surfing between. the hours
of 11:00 A.M. and 5:00 P.M. during the summer months when inclement weather existed,
make the use of helmets during the U. S. Surfboard Championships optional, and the
possible reduction of fees for parking meters along Pacific Coast Highway* between
12th Street and Bolsa Chica State Beach. He also submitted and read a communication
which he had received from the Department of Beaches, County of Los Angeles, regarding
surfing regulations at Hermosa Beach.
Mr. Max Bowman, Assistant Director of Harbors, Beaches and Development, spoke regarding..
the City's present ordinance relative to the permitted hours for surfing.
Mr. Jerry Smith, 217 Elmira Street, City, spoke in opposition to the fee for the parking
meters between 12th Street and Bolpa Chica State Beach. He suggested that the parking
meter fee be reduced to no more than 10t per hour.
Following discussion by Council, the matter of the parking meter charges was referred
to the City Administrator for recommendation and report at the next regular meeting.
Councilman Green stated that if consideration is to be given to a'reduction of the .
parking meter fee, that perhaps a representative of the Home Council should be invited
to attend the meetings between the City Administrator and Harbors and Beaches Development
to represent the interests of the property taxpayers.
RECESS
Mayor Matney called a recess of the Council at 8:20 P.M.
RECONVENE
The meeting was reconvened at 8:27 P.M. by the Mayor.
PUBLIC HEARING - CODE AMENDMENT NO. 73-4 - APPROVED- ORD. NO. 183Z FIRST READING
Mayor Matney announced that this was the day and hour set for a public hearing on Code
Amendment No. 73-4, initiated by the Planning Comaaission, to provide a minimum front
yard and exterior side yard setback of ten (10) feet in the M1 Light Industrial District.
This setback area is to be used for landscaping.
The City Clerk informed Council that all legal requirements for publication and posting
had been met, and that she had received no communications or written protests to Code
Amendment No. 73-4 or to the Planning Conmission's recommendation of approval.
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The Planning Director,presented a resume' of the Planning Commission's reasons for
recommending approval of Code Amendment No. 73-4.
Mayor 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.
On motion by Green, Council sustained the decision of the Planning Commission and
approved Code Amendment No. 73-4 by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: Bone
ABSENT: Councilmen: None
On motion by Green, Council directed that Ordinance No..1837 - "AN ORDINANCE OF
THE CITY OF HUNT INGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE,BY,AMNDING
SECTION 9532.1 AND SECTION 9532.Z PERTAINING TO M1 SETBACK," be read by title, and
waived further reading by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett* Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - CODE AMENDMENT NO. 73-5 -.ORD. NO, 1838 FIRST.READING
Mayor Matney announced that this was the day and hour set for a public hearing on .
Code Amendment No. 73-5,.initiated by the Planning Commission, to permit agricultural
uses and wholesale nurseries in the RA Residential Agricultural gone, subject to the
approval of a use permit by the Board of Zoning Adjustments.
The City Clerk informed Council that all legal requirements for publication and
.
posting had been met, and that she had received no communications or written
protests to Code Amendment No. 73-5 or to the Planning Commission's recommendation
of approval.
The City Administrator informed Council that Mr. Robert Burbank, Manager,.Southern
California Edison Company, had been informed that this code amendment would have
no effect on the major generating plant on Pacific Coast Highway. He stated that
Mr. Burbank had requested that his letter relative to the matter be filed and the
statement of the Planning Director be recorded.
Mayor 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.
On motion by Green, Council sustained the decision of the Planning Commission and
approved Code Amendment No. 73-5 by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilman: None
ABSENT: Councilmen: Nome
Page #8 - Council Minutes - 5/7/73.
On motion by Green, Council directed that Ordinance No. 1838 - "AN ORDINANCE OF.THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING
SECTION 9601.4.1 REGARDING PUBLIC UTILITY SUBSTATIONS; AND AMENDING SECTION 9601.4
PERTAINING TO PERMITTED USES IN THE RA RESIDENTIAL AGRICULTURAL ZONE," be read by
title, and waived further reading by the following roll call. vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING CODE AMENDMENT NO. 73-7 - CONTINUED TO 5 21 73.
Mayor Matney announced that this was the day and hour set for a public hearing on.
Code Amendment No..73-7, initiated by the Planning Commission, to require. a use permit
application before the Board.of Zoning Adjustments for establishments offering on -site,
sale and consumption of alcoholic beverages and those which offer live entertainment.
This amendment will also provide criteria for the approval of such use permit.
The Clerk informed Council that all legal requirements for publication and posting
had been met, and that she had received no communications or written protests to
Code Amendment No. 73-7 or to the Planning Commission's recommendation of approval.
A letter from the Chamber of Commerce requesting that Council determine the purpose
and need for this code amendment prior to taking formal action on this code change was
submitted.
Mayor Matney declared the hearing open.
On motion by Green, Council continued Code Amendment No. 73-7 to the May 21, 1973
Council Meeting by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Caen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - CODE AMENDMENT NO. 73-14 - APPROVED - ORD. NO. 1840 - FIRST READING
Mayor Matney announced that this was the day and hour set for a Oublic hearing on Code
Amendment No. 73-14, initiated by the Planning Commission, to amend the definition of
an identification sign; an interim measure to grant authority for sign review until
such time as Article 976 (Sign Code) has been fully revised and amended.
The Clerk informed Council that all legal requirements for publication and posting had
been met, and that she had received no communications or written protests to Code
Amendment No.- 73-14 or to the Planning Cission's recommendation of approval.
The City Administrator informed Council that a communication had been received from the
Chamber of Commerce regarding the smatter.
Mayor Matney declared the hearing open.
Mr. Jerry Shea, representing the Chamber of Commerce addressed Council and informed them
that the Chamber had adopted a resolution opposing the proposed code amendment unless
Section 9761.9.1 pertaining to criteria is also removed from the code or made not
applicable to combination, free-standing, ground or pole signs.
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Page #9 - Council Minutes - 5/7/73
Mr. Kenneth. Kerins, President of the Home Council, addressed Council and stated that
their organization could support the position of the Chamber if the rewording
could be effected within the next month or two; however, if the matter should be
delayed, they would recommend that the Code Amendment be approved.
Mr. Marcus Porter, Planning Commission Chairman, addressed Council and spoke regardin
the Planning Commission's reasons for proposing this code amendment.
The Planning Director informed the Council of the proposed timetable for the revision
of the Ci.ty's present sign code.
Discussion was held between the Council and the Planning Director regarding the
provisions of the Code Amendment.
In answer to a question by Councilman Coen regarding procedure, the City Attorney
stated that .if Council intends to have policy that is enforceable, it should be
enacted as an ordinance.
On motion by Green,.Council approved Code Amendment.No. 73-14 by the following.vote:
AYES: Councilmen: Shipley, Gibbs, Green, Duke
NOES: Councilmen: Bartlett, Coen, Matney
ABSENT: Councilmen: None
The Clerk gave Ordinance No. 1840 a first reading by title - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
SECTION 9761.9 GRANTING SPECIFIC AUTHORITY TO THE BOARD OF ZONING ADJUSTMENTS FOR
SIGN REVIEW."
On motion by Green, Council waived further reading. of Ordinance No. 1840 by the
following roll call.vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen,.Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - RES. OF INTENT NO. 3654 - HEARING OF PROTESTS - WEED ABATEMENT
Mayor Matney announced that this was the day and hour set for a public hearing on
Resolution of Intent No. 3654 of the City Council, declaring a nuisance to exist in
the form of weeds, and directed the Clerk to read the legal notice.
The Clerk read notice of public hearing on Resolution No. 3654 of the City Council,
as posted conspicuously along all the streets and property within the district
described in said Resolution, setting the.hour of 7:00 P.M., or as soon thereafter
as possible, on Monday, the 7th day of May, 1973, in the Council Chamber of the
Civic Center, Huntington Beach, California, as the time and place for a.
public hearing on a declaration that a nuisance exists and providing for the
abatement thereof.
The Clerk informed the Council that she had received no communications or written.
protests to Resolution'No. 3654 of the City Council proposing to abate the weed
nuisance, and read the Affidavit of Posting of notices to Destroy Weeds which had
been executed by the Street Superintendent.
Mayor Matney declared the hearing open.
Page #10 - Council Minutes - 5/7/73
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 Bartlett, Council authorized the Street Superintendent to proceed with the
abatement of the weed nuisance in the City, by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING OPENED - CONTINUED - PRECISE PLAN ALIGNMENT NO. 73-1 - APPROVED
Mayor Matney announced that this was the day and hour set for the continuance of a
public hearing opened at the April 2, 1973 meeting on Precise Plan Alignment No. 73-1,
initiated by the Planning Commission which proposes a precise plan of street alignment
within the area generally bounded by Talbert Avenue on the north, Beach Boulevard on the
east, Taylor Drive on the south and the railroad tracks on the west. .
The City Attorney addressed Council regarding the points contained in the City Attorney
Opinion which had been prepared by his office regarding the matter.
The Planning Director presented a resume' of the matter and reported on the discussions
with the Ocean View School District Board regarding the disposition of the adjacent
15 acre school site and the 2� acre parksite. He also spoke regarding the reasons why
this precise plan is necessary for the development of the area.
Considerable discussion was held between the Council and Planning Director regarding the
various aspects of the matter.
Mr. Ray Yinger, Attorney, representing Mr. W. P. Weatherly, who had filed an appeal
relative to Division of Land No. 72-43, to be heard next on the Agenda, addressed Council
and stated that he did not believe the requirement of the street right of way was
justified; however, his client was willing to dedicate the land.
Mr. Nick Oprian, 1018 W. 18th Street, Santa Ana, Real Estate Broker, representing Bolsa
Tile Company, addressed Council regarding the proposed street width.
There being no one further present to speak on the matter, and there being no further
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;
approved Precise Plan Alignment No. 73-1 and directed the City Attorney to prepare the
necessary document. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney
NOES: Councilmen: Gibbs, Coen, Duke
ABSENT: Councilmen: None
PUBLIC HEARING - APPEAL TO CONDITIONS OF APPROVAL - DIVISION OF LAND 72-43 - AGREEMENT
TO BE PREPARED
Mayor Matney announced that this was the day and hour set for a decision on a public
appeal filed . been eatherlantoccQna 1C 6i e o arova ' v Divisioor o La dof ' '
hearing l�_April .,J �t
PP y ...y -p.- -4,
imposed by the Planning Commission, as follows: (1) The requirement for the dedication
and improvement of the street along the west property line (2) The requirement that
applicant connect the subject property to the City sewer syatem, which is in excess of
s. 300 feet from the subject property, to the nearest connecting point.
i0*0
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Page #11 - Council Minutes - 5/7/73
1
The Director of Public Works addressed Council regarding the method which should be
used to provide sanitation facilities for the area.
Mr. Ray Yinger, Attorney at Law, 1408 18th Street, Bakersfield, representing the
applicant, addressed Council regarding the procedure relative to the posting of bonds
for the sewer facilities, and the City Attorney spoke regarding the legal ramifications
involved. He also spoke regarding the requirement imposed by the Planning Commission
for street improvements and stated that it would be more equitable.to require his
client to share the cost of the street improvements with other developers as they come
into the area.
Discussion was held on the matter and the Director of Public Works spoke regarding
the possibility of bonding for the improvements. He stated thatthe applicant's
offer of street dedication.was sufficient and that the street improvements could be
made by the participation of the City and the other benefiting property owners..
The City Administrator recommended that action be taken agreeing to dedication of.
street right of way and posting of bond agreeing to future connection of the sewer
facilities.
The City Attorney.s:tated that the guidelines had been set by Council and that the
details could be worked out by the applicant and his attorney, the City Administrator
and himself, and could be put into an agreement.
A motion was made by Councilwoman Gibbs to approve Division of Land 72-43 and direct
the City Attorney to prepare an agreement pursuant to the Guidelines set forth by .
the Council relative to dedication of street right of way, posting of bond for
sewer facility connection, and any other conditions imposed by the Planning Commission
which are not inconsistent with the Council's guidelines.
Following discussion, the motion was passed by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - USE PERMIT 73-7 - REQUEST FOR HEARING - W. P. WEATHERLY - DECISION
CONTINUED 6/18/73
Mayor Matney announced that this was the day and hour set for a decision on Use
Permit No. 73-7 on which a public hearing had been opened and closed at the March 5;
1973 meeting, pursuant to a request filed by Ray A. Yinger, Attorney at Law, on behalf
of W. P. Weatherly., Paramount, California, following the denial by the Planning
Commission of said Use Permit. Use Permit No. 73-7 would allow a storage facility
in conjunction with an automobile dismantling facility pursuant to S. 9534 of the
Huntington Beach Ordinance Code, on property located.on the south side of Talbert
Avenue approximately 1300 feet east of Gothard Street in the Ml Light Industrial
District.
On motion by Bartlett,
Council continued to June 18, 1973, decision on Use Permit
No. 73-7
pending submission and approval of an EIR report,by the following vote:
AYES:
Councilmen:
Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES:
Councilmen:
None
ABSENT:
Councilmen:
None
Page #12 - Council Minutes - 517/73
PUBLIC HEARING - DEVELOPMENT
SECTION - POLICY PLAN - APPROVED AS AMENDED - RES.
NO. 3687 -
ADOPTED
Mayor Matney announced that
this was the day and hour set for a publiclhearing
for the
purpose of considering recommendations by the Citizen's Steering Committee for
Goals
and Objectives regarding the
Development Section of the Policy Plan which will
become
an adopted part of the Master
Plan for the City of Huntington Beach.
The City Clerk informed Council that all legal requirements for publication and posting
had been met, and that she had received no communications or written protests of the
Development Section of the Policy Plan or to the recommendation of approval by the Planning
Commission.
The Planning Director informed Council of the changes which had been made in the plan
since it was submitted.
Councilman Coen questioned Section 1-f, of the Annexation Principles - "Will not create
an enclave of special interest within the city limits" and discussion was held between
the Council and Planning Commission Chairman on the matter.
Mr. Ed Kerins, Chairman of the Annexation Committee of the Goalsand. Objectives Committee,
addressed Council regarding the committee's reasons for including Section I-f in the
Development Plan.
Discussion
was
held between the Council and the Planning Commission Chairman regarding
the particular
sections of the Development Plan which had been reviewed by the Planning
Commission
Councilman
for clarification.
Coen stated his opposition to Annexation Principles - Section 2-d "Are
annexed to
the
City in their entirety at the same time; not planned and annexed
'piecemeal."'
Mayor Matney declared the hearing open.
Mrs. Ruth Finley, 16161 Angler Lane, City, President of the League of Women Voters of
Huntington Beach, addressed Council and stated the League's approval of the proposed
Development Section - Policy Plan.
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.
A motion was made by Councilman Duke to adopt the Development Section of the Policy
Plan as recommended by the Planning Commission and the Citizen's Steering Committee
for Goals and Objectives, with .the exception of Section.l-f..
Considerable discussion was held regarding the City's procedure in the annexation of
property to the City, and it was determined that Section 2-d should be amended to
read "that no area be permitted to be annexed to the City which is contrary to the
previously accepted Master Plan of the area of which the annexation is a part."
A vote was then taken on the motion by Councilman Duke to adopt the Development Section
of the Policy Plan as recommended by the Planning Commmission and the Citizen's Steering
Committee for Goals and Objectives, with the exception of Section 1-f, "Will not
create an enclave of special interest within the City limits" and as amended with
Section 2-d to read "that no area be permitted to be annexed to the City which is
contrary to the previously accepted Master Plan of the area of which the annexation
is a part.." The motion was passed by the following vote:
Page #13 - Council.Minutes - 5/7/73
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
The Clerk was directed to read Resolution No. 3687 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE OBJECTIVES AND PRINCIPLES
OF THE DEVELOPMENT SECTION OF THE POLICY PLAN."
On motion by Gibbs, Council waived further reading of Resolution No. 3687 and adopted.
same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
RESOLUTIONS
RESOLUTION NO. 3679 - FEE SCHEDULE OF PERMITS REQUIRED BY H. B. OIL CODE - REFERRED
The Clerk presented Resolution No. 3679 for consideration by Council - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DETERMINING FEE SCHEDULE OF
PERMITS REQUIRED BY HUNTINGTON BEACH OIL CODE AND SETTING CONDITIONS OF PAYMENT
THEREOF."
On motion by Green, Council referred Resolution No. 3679 to the City Administrator
and Director of Building and Community Development, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
RESOLUTION NO. 3686 - WITHHELD FOR DISCUSSION
Mayor Matney directed that Resolution No. 3686 pertaining to the employment of a
Legislative Representative be withheld for separate discussion. A brief discussion
was held by Council on Resolution No. 3684 relative to participation of supervisory
and managerial personnel in service clubs and civic activities.
RESOLUTION - CONSENT CALENDAR
On motion by Bartlett, Council directed the City Clerk to read.Resolution Nos. 3680,
3681, 3682, 3683, 3684, and 3685 by title; waived further reading and adopted same
by the following roll call vote:
RES. NO. 3680 - ADOPTED - INTENT TO VACATE PORTIONS OF THE STARSHINE DRIVE RIGHT-OF-WAY
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO
VACATE PORTIONS OF THE STARSHINE DRIVE RIGHT OF WAY ADJACENT TO LOTS 116 AND 117
OF TRACT 7664."
RES, NO. 36$1 - ADOPTED - INTENT TO VACATE A PORTION OF SANDRA LEE LANE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO
VACATE A PORTION OF SANDRA LEE LANE."
Page #14 - Council Minutes - 5/7/73
RES. NO. 3682 - ADOPTED - STANDARDS - CREDIT FOR SPECIAL, FACILITIES
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE
CRITERIA SETTING FORTH STANDARDS FOR CREDIT FOR SPECIAL FACILITIES PURSUANT TO
SECTION 9981.8 OF THE HUNTINGTON BEACH ORDINANCE CODE."
RES. NO. 3683 - ADOPTED - DECLARING CERTAIN REAL PROPERTY SURPLUS
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN
REAL PROPERTY OF SAID CITY SURPLUS."
RES. NO. 3684 - ADOPTED - PARTICIPATION OF PERSONNEL - SERVICE CLUBS & CIVIC ACTIVITIES
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A
POLICY REGARDING THE PARTICIPATION OF SUPERVISORY AND MANAGERIAL PERSONNEL IN SERVICE
CLUBS AND CIVIC ACTIVITIES."
RES. NO. 3685 - ADOPTED - REIMB. - SEWER FUND - KORDICK & SON INC.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXPENDITURE
OF MONEY FROM THE SEWER FUND."
RES. NO. 3686 - ADOPTED - EMPLOYMENT OF LEGISLATIVE REPRESENTATIVE
The Clerk presented Resolution No. 3686 for a reading by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY TO ENTER INTO A
JOINT POWERS AGREEMENT FOR THE EMPLOYMENT OF A LEGISLATIVE REPRESENTATIVE, AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT, AND AUTHORIZING THE EXPENDITURE OF MONEY."
Councilman Duke spoke regarding the reasons why, at this time, he was opposed to the
resolution and Councilman Green inquired as to how representation on issues would be
handled if the participating cities held conflicting views.
The City Administrator reported on the matter and stated the reasons why he believed
the City could gain by entering into this agreement and recommended that Council
favorably consider the matter for a one year trial period.
Discussion was held by Council regarding the resolution and Councilman Duke stated.
that he would not be opposed to the program for a one year period, and Councilwoman
Gibbs stated that the City's position would still be represented even if there were
a difference of opinion between the.participating cities.
Following a reading by title of Resolution No. 3686, a motion was made by Councilman
Bartlett to waive further reading and adopt same, and was passed by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ORDINANCES FOR ADOPTION
On motion by Green, Council directed the Clerk to read Ordinance No. 1832 by title;
waived further reading and adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
Page #15 - Council Minutes - 5/7/73
ORD. NO. 1832 - ADOPTED - ZONE CASE NO. 72-48
"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 ON THE SOUTH SXDE OF HOLLAND DRIVE APPROXIMATELY 260 FEET EAST OF:BEACH
BOULEVARD (ZC 72-48)."
ORD. NO. 1.836 - CARE OF NONRELATED PERSONS - CONTINUED TO 5/21173
The Clerk presented Ordinance No. 1836 for a second reading by title - "AN ORDINANCE
OF THE CITY.OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE .CODE BY
AMENDING SECTION 9730.26; AND BY ADDING THERETO SECTIONS 9730.27 THROUGH 9730.2.7.9
CONCERNING CARE OF NONRELATED PERSONS."
Mayor Matney stated that the Director of Building and Community Development had
requested that consideration of Ordinance No. 1836 be continued to the meeting.of.
May 21,.1973.
On motion by Green, Council continued consideration of Ordinance No. 1836 to the.
meeting of May 21, .1973. The motion was passed by the following vote:
.AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ORDINANCES FOR INTRODUCTION
On motion by Duke, Council.directed the Clerk to read Ordinance No. 1841 by title,
and waived further reading by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD. NO. 1841 - FIRST READING - ESTABLISHES A PRIMA FACIE SPEED LIMIT ON CERTAIN
CITY STREETS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6171.1 OF THE
HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT ON CERTAIN CITY
STREETS."
ORD. NO. 1842 - FIRST READING - PURCHASING DIVISION & BUSINESS LICENSES
The City Clerk gave Ordinance No. 1842 a first reading by title - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
REPEALING ARTICLE 135 AND AMENDING ARTICLE 137 BY ADDING THERETO THE PURCHASING
DIVISION AND BUSINESS LICENSES, AND BY AMENDING SECTION 2112.6.11
On motion by Green, Council,waived further reading of Ordinance No. 1842 by the.
following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, fluke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
Page #16 - Council Minutes - 5/7173
ORDINANCE NO. 1833 - "SMOKING PROHIBITED AT MEETINGS" - MOTION TO RECONSIDER
A vote was taken on the motion to reconsider Ordinance No. 1833 made by Councilman
Green at the April 16, 1973 meeting, relative to prohibiting smoking at meetings. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
The Clerk was directed to read Ordinance No. 1833 by title - "AN ORDINANCE OF THE.CITY
OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO
SUBSECTION (C) TO SECTION 7811 DEFINING 'SMOKE' AND BY ADDING NEW ARTICLE 783, ENTITLED
'SMOKING PROHIBITED AT MEETINGS."'
On motion by Green, Council waived further reading of Ordinance No. 1833 by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
On motion by Green, Council adopted Ordinance No. 1833 by the following roll call vote:
AYES: Councilmen: Shipley,
NOES: Councilmen: Matney
ABSENT: Councilmen: None
ACTIVITIES AT MEETINGS
Bartlett, Gibbs; Green, Coen, Duke
A motion was then made by Councilman Green to direct the City Attorney to prepare a
resolution to the effect that members of the City Council, elected officials, and
members of staff who are participating in the meetings of the City Council, be directed
to limit their activities during Council meetings to City business.
Following discussion it was determined that the Chair could handle this matter, and
the motion made by Councilman Green was withdrawn.
USE PERMIT 72-64 - APPEAL TO APPROVAL - TRACT 8039 - APPROVED
The Clerk presented Use Permit No. 72-64 on which a public hearing had been held at
the April 16, 1973 meeting. Said hearing was held for the purpose of considering an
appeal filed by Councilman Duke to the approval by the Planning Commission of Use
Permit 72-64 heard in conjunction with Tentative Tract 8039. Said Use Permit proposes
to allow the construction of a Planned Residential Development on 12.7 acres of land,
consisting of 175 units and related amenities and facilities in the R2 Medium Density
Residential District, R3 Medium High Density Residential District and C4 Highway
Commercial District. Said property is located 300 feet north of Warner Avenue and
300 feet northeast to Pacific Coast Highway.
The City Attorney stated that in addition to preparing City Attorney Opinion No..73-37,
his office had developed an addendum to the opinion based on information from the
Planning Department concerning the practice of the Planning Department, Planning
Commission and City Council during the past ten years, relative to the consistant
granting of off-street parking credit for private streets in developments. He spoke
regarding the legal ramifications of the matter stating that in view of the long term
practice it was his opinion that Council may accept this practice which had prevailed.
He suggested that Council clarify the policy, and that he be directed to prepare an
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Page #17 - Council Minutes 5/7/73
�J
1
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amendment to the ordinance clarifying its meaning and intent or refer the matter to
the Planning Commission for study and recommendation, but that this would not
preclude Council following the practice of the Planning Staff and Commission in.
this particular case.
Discussion was held by the Council and City Attorney concerning the procedure
which should be followed relative to making a policy decision on the matter.
A motion was made by Councilman Green to approve Use Permit No. 73-64.
Discussion was held between the Council and Planning Director regarding the proposed
development.
Further discussion was held between the Council and City Attorney regarding..the.
ordinance requirements for this project.
The motion made by,Councilman.Green to approve [Ise Permit No. 72-64 was withdra u.
Councilman Green then made a motion to continue the matter until the next regular
meeting pending legal clarification from'the City Attorney's Office regarding the
granting of the Use Permit.
Councilman Green suggested that prior to the next Council meeting, that Mr. Byrnes,
Vice President of the Huntington Harbour Corporation meet with the City Administrator
and City Attorney's Office to solve the problems involved in this development.
Mr. Marcus Porter, Chairman of the Planning Commission, addressed Council regarding
the provisions of the Planned Residential Development.
The City Attorney spoke regarding the legal ramifications of the matter.
Mr. Al Kaufer, Attorney for the Huntington Harbour Corporation, addressed Council
and suggested that Council delete the Planning Commission's exceptions as
Huntington Harbour Corporation could conform to the standards of the Planned
Residential Development Ordinance, inasmuch as the exceptions involve minor matters.
Councilman Green withdrew his motion to continue this matter to the next regular
meeting.
Dn motion by Green, Council approved Use Permit No. 72-64, subject to meeting all of
the legal requirements of the Planned Residential Development Ordinance.. The motion
was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, Matney
NOES: Councilmen: Gibbs, Duke
ABSENT: Councilmen. None
PLANNED RESIDENTIAL DEVELOPMENT STUDY
On motion by.Green, Council directed the Planning Commission to study the Planned
Residential Development Ordinance and work -with the City Attorney and City Administra-
te correct some of the inconsistencies Council is encountering relative to Use
Variances and Use Permits.
The motion.was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
Page #18 - Council Minutes - 5/7/73
PARKING ON PRIVATE STREET STUDY
On motion by Green, Council directed the Planning Commiss--on to study the matter of
granting of credit for parking on private streets. The motion was passed by the
following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
BAY SHORE HOMEOWNERS ASSOCIATION - DEVELOPERS BONDS - DEFERRED
The City Clerk presented a communication from Mr. Richard Knackstedt, representing
the Bay Shore homeowners Association, stating their opposition to the granting of
bonds to Derby Land Company for further development in the City until such time as
they have completed the grading on Tract No. 7338.
Mr. Alan Kutcher, representing the Bay Shore Homeowners Association, addressed
Council regarding the homeowner's concern and requested that Council take action to
remedy this problem.
The Director of Public Works informed the Council that the tract had not yet been
finalized and that the bonds are being withheld, and his department has received
assurance from the developer that the problem will be corrected,
Mayor Matney asked that the Director of Public Works and the City Administrator work
with Mr. Kutcher to resolve the problem.
EXPIRATION OF TERMS - PLANNING COMMISSIONERS
The Clerk presented a communication from the Planning Commission informing Council
that the Planning Commission terms of Robert D. Bazil and Edward H. Kerins will expire
on June 30, 1973.
A motion was made by Councilman Duke to direct the City Clerk to request that Mr. Bazil
and Mr, Kerins submit a letter to Council indicating their interest in reappointment
to the Huntington Beach Planning Commission. The motion was passed by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PETITION PROTESTING APARTMENT CONSTRUCTION - RECEIVED & FILED
The Cleric presented an informal petition listing 56 signatures of homeowners protesting
the proposed construction of two story apartments on property located on the west side
of Ash Street, approximately 200 feet south of Cypress Avenue. An uncompleted petition
relative to rezoning subject property was also submitted.
The Planning Director informed Council that an application to construct an apartment
project on this property had been referred to the Board of Zoning Adjustments and
denied, so at the present time, there are no permits pending for the development of
that parcel.
Discussion was held by the Council and Planning Director regarding the history of the
area involved.
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Page #19 - Council Minutes - 5/7/73
On motion by Shipley, Council directed that the informal petition be received and
filed. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
APPOINTMENTS - H. B. ENVIRONMENTAL COUNCIL - EAAR ODEN - ANDY STUD_DERT - LARRY FROLEY
The Clerk presented a communication from`the Chairman of the Environmental Council
requesting that Council formally approve the appointments of E9ar'Oden,11untington
Beach High School, Andy Studdert, Edson High School,, and Larry Fraley, Cal State..
Long Beach, to the Huntington Beach Environmental Council..
On motion by Gibbs, Council formally approved the appointments of Eaar Oden,
Andy Studdert, and Larry Froley to terms on the Huntington Beach Enviroranental
Council to expire September 30, 1973. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES:- Councilmen: None
ABSENT: Councilmen: None
Councilwoman Gibbs requested that a letter be written to the students informing them
of their appointments and thanking them for their work on the Environmental Council..
ENVIRONMENTAL COUNCIL - RE VEST FOR ENFORCEMENT OF REFUSE ORD. - CA 73-56 -.REFERRED
The Clerk presented a communication from the Huntington Beach Environmental Council
recommending that the City Refuse Ordinance be strictly enforced.
The City Administrator informed Council that they had received copies of his
communication stating that the staff had checked with Rainbow Disposal regarding
trash container violations. He stated that there were no major problems; however,
he would recommend that the City work closely with the collectors so that if abuses
occur, the containers can be tagged and called to the attention of the property
owners. The Administrator stated that the public can also be advised of the code
requirements through bulletins from the Public Information Office.
The Mayor referred this matter to the City Administrator to be handled on an individual
basis.
A motion was made by Councilman Green to direct the City Administrator to prepare an
answer on this matter for transmittal -to, the Environmental Council. The ;notion was
passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
CONCESSION YACILITIES SCHEMATIC DESIGN PLANS - HUNTINGTON CENTRAL PARK - APPROVED -
(CA 73-5D
The City Administrator informed Council of his recommendation that Council approve the
schematic design plans for the Huntington Central Park concession buildings, with the
exception of the graphics as depicted on the plans by Mr. John Wells, architect and
principal of the Huntington Central Park Concession. Company.
ww►��
Page #20 - Council Minutes - 5/7/73
On motion by Coen, Council approved the concession facilities schematic design plans
for the Huntington Central Park concession buildings with the exception of the
graphics as depicted on the plans. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PARK NAME RECOMMENDATIONS - APPROVED - (CA 73-58)
The City Administrator informed Council of a recommendation from the Recreation and
Parks Commission that Council approve the official names for the following nine parks
currently under construction.
No. (Park -inventory) Recommended Name
705
Greer Annex
Greer Lake
835
Edison
Edison Community Park
860
Golden View
Golden View Park
875
Burke
Robert H. Burke Park
880
Sowers
Issac L. Sowers Park
910
Marine View
Marine View Park
915
Haven View
Haven View Park
930
Glen View
Glen View Park
945
Talbert
Samuel E. Talbert Park
On motion by Coen, Council approved
the official names
for the nine parks now under
construction as recommended by
the Recreation and Parks
Commission. The motion was
passed
by the following vote:
AYES:
Councilmen: Shipley,
Bartlett, Gibbs, Green,
Coen, Duke, Matney
NOES:
Councilmen: None
ABSENT:
Councilmen: None
TEMPORARY PRODUCE STANDS - (CA 73-59) - WITIIDRAWN
The City Administrator requested that his communication relative to temporary produce
stands and trucks be withdrawn from the Agenda for further clarification. He
reported that the staff was studying areas in the City where a produce market could be
located, however until this can be accomplished, an interim measure was being developed
to permit the sale of produce from specific locations in the City.
The Mayor directed that this matter be withdrawn for further clarification.
Mayor Matney requested the City Administrator and the Director of Building and
Community Development to investigate the possibility of an illegal sign on Goldenwest
Street near Warner Avenue and cite same.
PUBLIC HEARING SCHEDULED - 1973-74 BUDGET - REVENUE SNARING ALLOCATIONS - SIX YEAR
OPER4TING & CAPITAL IMPROVEMENT PLAN
The City Administrator reported that he had presented the Preliminary Annual Budget
for 1973-74. He suggested that a hearing on the Budget and the Revenue Sharing
Allocations be scheduled for an adjourned meeting on Wednesday, May 23, 1973.
Councilman Duke suggested that perhaps a study session could be held on the Budget,
Six -Year Capital Improvement Plan, and the Revenue Sharing Allocations prior to the
nearing.
i!�
Page #21 - Council Minutes - 517J73
Following discussion, Mayor Matney stated that a study session would be held by
Council on May 21, 1973 at 5:00 P.M., in the Administrative Annex.
On motion by Green, Council directed that a public hearing on the 1973-74 City Budget,
Revenue Sharing Allocations, and the Six -Year Operating and Capital Improvement Plan
be scheduled for Wednesday, May 23, 1973 at 7:00 P.M. The motion was passed by the
following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
REPORT - DISPOSITION OF MEADOWLARK GOLF COURSE PROPERTY
The City Administrator informed Council that they had been provided with copies of a
communication from the attorneys representing Meadowlark Golf Course.
Councilman Duke reported on the matter and stated that hopefully a meeting to
discuss the disposition of the golf course property could be arranged with the
Meadowlark Corporation by the end of the week.
APPOINTMENTS TO CITY CHARTER REVISION COMMITTEE
Mayor Matney stated that it was his recommendation that the following persons be
appointed to serve on the Charter Revision Committee, which is charged with preparing
Charter Revision Amendments to make the offices of the City Clerk, City Attorney,
and City Treasurer appointive, and requested Council ratification of same:
Mr. Jerry Bame - President of the Huntington Beach Chamber of Commerce
Mr. Jerry Sher. - Citizens Goals & Objectives Steering Committee
Mrs. Ruth Jones - Widow of Paul C. Jones, former City Clerk
Mr. Brian Parkinson - Past President of the Home Council
Mrs. Harriet Weider - Chairman of the Huntington Beach Environmental Council
Mr. Henry Hoeve - Concerned Citizens Committee
Mrs. Bert Beck - American Association of University Women
On motion by Coen, Council ratified the appointments of the aforementioned persons
to the Charter Revision Committee by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
CERTIFICATES OF .COMMENDATION TO BE PREPARED - PAST MEMBERS OF CHARTER REVISION
COMMITTEE
On motion by Coen, Council directed the City Administrator to prepare Certificates
of Commendation to the following past members of the Charter Revision Committee:
Larry Curran, Thomas Livengood, Rita 'Coyne, Connie Johnson, Steve Holden, and
Robert Dingwall. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: F7—ie
ABSENT: Councilmen: None
:01 f I
Page #22 - Council Minutes - 5/7/73
COMMENTS FROM COUNCIL
SEMINAR SCHEDULED ON PROPOSITION #20
Councilman Green reported that an all day seminar on Proposition #20, sponsored by
the Young Home Builders Council of the B IA and Title Insurance and Trust, would be
held at the Newporter Inn on May 17, 1973, in the event that any Council members
should wish to attend.
VEHICLES PARKED IN FIRE LANES TO BE CITED
Councilman Green stated that the Council members had received a memorandum from the
City Administrator regarding the options available to Council to clear fire lanes at
shopping centers in the City.
On motion by Green, Council directed the City Attorney to prepare an ordinance allowing
the City to cite vehicles illegally parked in fire lanes. The motion was passed by
the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
REPORT - LEGISLATION RE: BEACH ACQUISITION
Councilwoman Gibbs reported that she had met with Assemblyman Burke and that he has
submitted Assembly Bill 1549 relative to State acquisition of beaches.
APPOINTMENT - ALTERNATE VOTING DELEGATE - CITY SELECTION COMMITTEE - COUNCILMAN COEN
Councilman Coen requested Council's authorization to act as the City's alternate
voting delegate on the City Selection Committee of the Orange County League of Cities
in the absence of .Mayor Matney who is the City's voting delegate.
On motion by Green, Councilman Coen was appointed to serve, as the City's alternate
voting delegate on the City Selection Committee of the Orange County League of Cities,
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green,, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
VOWING DIRECTION GIVEN TO CITY SELECTION COMMITTEE DELEGATE - AIRPORT LAND USE COMMISSION
Councilman Coen suggested that the Council give:'direct:ion to Mayor Matney and himself,
relative to the selection of a person to serve on the Airport Land Use Commission. He
stated that as Chairman of the City Selection Committee of the Orange County League of
Cities, he had requested that the Mayors of each City send letters of nominations, and
that he had received a letter from the City of Buena Park nominating Councilman Harold R.
Bousman. Councilman Coen spoke regarding the reasons why the City of Buena Park believes
that Mr. Bousman is qualified to serve as a Commissioner.
1
I
Page #23 - Council Minutes - 5/7/73
A motion was made by Councilarwatn Greento instruct the City's voting delegate, or
in his absence, the alternate doting delegote to,vote for Cosmcilman pou8atan to
serve on the Airport Land Use Commission,. The motion was passed by the following
Grote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: Nome
VACANCIES - DESIGN REVIEW BOARD & RECREATION AND PARKS CgWISSION
Councilman Coen recommended that action be taken .in the near future to fill the two
existing vacancies on the Design Review Board sad Recreation and Parks Commission:
He stated that the Design Review Board was att+[+a¢►tiag to appoint'a person with`experien
in graphics.
Councilman Greensuggestedthat serious consideration be given to the appointment of
a student with a background in graphics to the Design Review Board.
Following discussion, the Public Information Officer was requested by Council to
publicize the existing vacancy on the Recreation and Parks Commission.
DEDICATION OF LLAgUE IN N$W CIVIC GR= - MaB ZM& CM q=1 PAUL C MS -
APPROVED
The City Administrator presented a communication from the Huntington Beach Historical
Society recommending that the City Clerk's Office in the new Civic Center be
commemorated to the late former City Clerk, Paul C. Jones.
The Mayor stated that the Council committee which reviewed this matter believed that
a most appropriate commenooration vould be than dedication of the portico area by the:
City Clerk's Office in the new Civic Center.
A motion was made by Councilman Green to dedicate the portico area by the City Clerk's
Office In the new Civic Center to the memory of the late City Cleric, Paul C. .Jones,
and that an appropriate plaque be so placed. The motion was passed by the following
vote:
AYES: Councilmen: Shipley., Bartlett, Gibbs, Green, -Coen, Duke, 14atney
NOES: Councilmen: None
ABSENT: Councilmen: None
ITMg RECEIVED AND FILED BY TAB ,EITYOPC,IL
P-1. Letter of appreciation to Council from Southern, California Edison Company re:
establishment of Aesthetics Committee - Rdison Generat ng.Station.
P-2. City of Half Moon Bay • Resolution supporting a tax equalization measure on
behalf of coastal local govearnments.
P-3. Memorandum from. Forest Dickason, O. C. Pl;anaing Director ire: updating of
O. C. General Plan,
P-4. California Heritage Preservation Commission - Resolution re: Preservation .
of County and City records of historical value.
P-5. Letter - City of Irvine - Requesting support of their positi.on.opposing any
change in present wthod of epportiota wet of Sales & Use Tax under the Bradley -
Burns Uniform Local Sales 6 Vse Tax Law.
P-6. Letter - 0. C. Chiefs of Police and Shoriffe.Association Supports the California
Peace Officer's Association, the District Attorney of California and the
California State Sheriff's Association in thoi r '"Oppgsition to a State Lottery
Page 424 - Council Minutes - 5/7/73
P-7. Planning Commission - DRB - BZA - Annual Progress Report (Reference copy oR
file in the Office of the City Clerk).
P-8. Disposition of Civic Center Property Recreation,& Parks Commission.
P-9. Communication from H. B. Historical Society recommending that City Clerk's Office
in new Civic Center be commemorated to late City Clerk, Paul C. Jones.
INFORMAL FETING CALLED
Mayor Matney called an informal meeting of the Council s$ a Committee -of -the -whole for
Monday, May 21, 1973 at 5:00 P.M. in the Administrative Annex.
ADJOURNMENT
On motion by Green, the regular mewing of the City Council of the City of Huntington
Beach adjourned at 11:45 P.M., by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Grean,.Coea, Duke, Hatney
NOES: Councilmen: None
ABSENT: Councilmen: None
AliciaM. Wentv6rth
City Clerk
of the City Commril of the City
of Huntington Beach, California
Jerry A. Matney
Mayor