HomeMy WebLinkAbout1973-09-17MINUTES
Joint Powers 'training Center
Gothard Street Fire Station
Huntington Beach, California
Monday, September 17, 1973
Mayor Matney called the adjourned regular meeting of the City Council of the City
of Huntington Beach to order at 5:30 P.M.
ROLL CALL,
Councilmen Present: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
Councilmen Absent: None
TOUR OF .JOINT POWERS TRAINING CENTER
The City Council, members of staff and the press were given a tour of the Joint
Powers Training Center by representatives of the Fire Department. The various
facilities in the Center were visited and the manner in which the training operations
would be conducted was explained to the group.
A film was presented on the Fire Department's Paramedic Unit, and the lifesaving
equipment used by the Paramedics was demonstrated.
A simulated fire was demonstrated, to show the fire fighting techniques of the.Fire
Departments, and Fire Chief Picard reported on the benefits of the Joint Powers
Facility to our City and the participating cities of Westminster, Seal Beach and -
Fountain Valley.
ADJOURNMENT
On motion by Bartlett, the adjourned regular meeting of the City Council of the City
of Huntington Beach adjourned. The motion was passed by the following vote: .
AYES: Councilmen: Shipley,
NOES: Councilmen: None
ABSENT: Councilmen: None
ATTEST:
•
Alicia M. Wentworth
City Clerk
Bartlett, Gibbs, Green, Coen, Duke, Matney
City Clerk and ex-officio Clerk
of the City Council of the�City
of Huntington Beach,'California
y
Jerry A. Matney
Mayor
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, September 17, 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 G1ory.Lutheran Church.
ROLL CALL
Councilmen Present: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
Councilmen Absent: None
PROCLAMATION "CALIFORNIA TRAFFIC SAFETY WEEK" - SEPTEMBER 24-30 1973
Mayor Matney read a Proclamation designating September 24-30, 1973, as "California
Traffic Safety Week" to emphasize the attention, courtesy and -self-control for motorists,
bicyclists and pedestrians, and urging that every citizen rededicate himself to driving,
walking and bicycling safely.
COMMENDATION - OCEAN VIEW NATIONAL LITTLE LEAGUE ALL-STAR TEA14
The Mayor presented commendations to the following members of the 1973 Ocean View
National Little League All -Star Team - the first All -Star team from Huntington Beach
to win the Area 2, District 62, and Sectional Championship titles since 1966: Herb
Burrows, Manager - Nelson King, Coach - Jim Gordon, Team Father - Members: James Anley,
Curtis Braniff, Leland Bruce, Bobby Brunson, Bill Burrows, Joseph Gies, Terry Kaser,
Gary King, Tom Miller, Tony Pizzata, James Pratte, Richard Thompson, Steven Vandenbusch,
Brian Craig, Ted Brown, Kevin Olson, Steven Hix. Team member Wayne Leshynski was unable
to be present to accept his commendation.
Coach King thanked the Council and stated that the team had tied for ninth place in
the State of California out of approximately 800 teams and hoped to be as successful
in next.year's games.
PROCLAMATION - "YMCA INDIAN GUIDE . INDIAN MAIDEN & WRANGLER WEEK" - SEPTEMBER 24-30 1973
Mayor Matney read a Proclamation designating the week of September 24-30, 1973 as
"YMCA Indian Guide, Indian Maiden & Wrangler Week," and commended the program for its
strong and continuous influence in strengthening and building the family relationship
as well as implementing the spirit of true brotherhood, tolerance and understanding
throughout this community. He then introduced Mr. Hugh Davis, Executive Director,
Huntington Beach - Fountain Valley YMCA, who expressed the appreciation of the organ-
ization for the City's support.
DO
Page # 2 - Council Minutes - 9/17/73
CONSENT CALENDAR - (ITEMS REMOVED)
At the request of Councilman Green, the item pertaining to an Easement Deed to Standard
Oil Company was removed from the Consent Calendar for separate discussion.
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, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
MINUTES - Approved and adopted minutes of the adjourned regular meeting of September 4,
#1973 and the regular meeting of September 4, 1973, as written and on file in the Office
of the City Clerk.
CLAIM NO. 73-59 - THOMAS LEE THORPE - DENIED - Denied Claim No. 73-59 filed by Gillette,
Seifert and Pagter, Attorneys at Law, on behalf of Thomas Lee Thorpe, for alleged
personal injuries on or about July 11, 1973, in the vicinity of Goldenwest Street and
Deep Harbor Lane.
FINAL TRACT MAP NO. 7899 - ALL OF TENTATIVE TRACT 7899 - CONTINENTAL DEVELOPMENT OF
CALIF., INC. - APPROVED - Accepted the offer of dedication and improvement as shown on
Final Tract Map No. 7899, all of Tentative Tract No. 7899, located west of Lochlea
Lane, approximately 462 feet south of Atlanta Avenue; Acreage: 4.7505; Lots: 60;
Developer: Continental Development of Calif., Inc., Sherman Oaks, 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 Park and Recreation Fees shall be paid prior to
recordation of the final map and that the final map shall be recorded prior to the
expiration of Tentative Tract Map No. 7899 on December 6, 1973, and upon the following
conditions recommended by the Environmental Review Board:
1. The applicant shall provide full insulation of all exterior walls and all ceilings
to ease the burden on heating and cooling systems.
2. The applicant shall construct the development with the use of balanced power, to
minimize the load on any one energy source.
3. The applicant shall dispose of all building wastes, such as unusable lumber, tar
paper, wire, pipe and other excess or unusable waste, at an off -site facility
equipped to handle them.
Exemption Declaration No. 73-172 was approved by the Environmental Review Board on
September 4, 1973.
Further instructed the City Clerk that she may affix her 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.
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Page #3 - Council Minutes - 9/17/73
FINAL TRACT MAP NO. 8050 - PORTION OF TENTATIVE TRACT 7596 - DONNALD L, BREN
Accepted the offer of dedication and improvement as shown on Final Tract Map No. 8050,
a portion of Tentative Tract No. 7596, located 471.78 feeteast of Newland Street,
south of Garfield Avenue; Acreage: 12.335; Lots: 55; Developer: Donald L. Bren
Company, Sherman Oaks, 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 negotiation for
park site shall be completed prior to issuance of building permits and that the final
map shall be recorded prior to expiration of Tentative Tract Map No. 7596 on October 2,
1973, and upon the following conditions recommended by the Environmental Review Board:
1. The developer shall be required to install full insulation in all exterior walls
and ceilings of the dwellings to minimize the burden on heating and cooling syste.u».
2. The developer shall be required at the time of construction to stub out for both
electrical and natural gas utilities for the following facilities: clothes dryers,
water heaters, cooking equipment, and refrigeration units to minimize the possible
overburden on any one energy source.
3. The developer shall be required to dispose of all building spoils, such as unusable
lumber, tar paper, wire, pipe and other excess or unusable waste, at an off -site
facility that is equipped to handle them.
4. The developer shall be required to remove all peat deposits from the lots in the
project which have been designated in the report as areas having a serious peat
problem.
5. The developer shall be required to locate all dwelling units at a minimum setback
of 35 feet from the travel lane of the arterial highway to reduce and attenuate
the sound pressure level to.an acceptable level of between 45 and 50 dBa reading
within the dwelling units.
6. The developer shall be required to afford access to the adjoining Edison right-of-
way on Garfield to make it available for bicycle traffic down to the high school.
7. The developer shall be required to furnish a list of plant materials that would be
acceptable in the project area, such list to be prepared by a qualified consultant,
and shall furnish a statement to be made available to the buyers of the units
regarding possible earth settling in the area.
8. The developer shall be required to stockpile all topsoil as it is removed for
construction and replace and restore it within the project after construction,
Environmental Impact Report No. 73-14 was adopted by the Environmental Review Board
on September 11, 1973.
Further instructed the City Clerk that she may affix her 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 Clark.
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Page #4 - Council Minutes - 9/17/73
EASEMENT DEED TO STANDARD OIL CO. - CC-140 - GRANTED - The City Clerk presented a
transmittal from the Department of Public Works of a deed granting an easement from.
the City to Standard Oil Company for pipelines through Huntington Central Park.
Councilman Green requested clarification of this matter, and the Acting Director of
Public Works informed Council that the pipelines had been installed in the area
covered by this easement under the Huntington Central Park contract requirements in
order to eliminate the prior right easement location which passed directly under the
park lakes.
On motion by Green, Council approved the granting of an easement from the City to
Standard Oil Company for pipelines through Huntington Central Park and authorized
the Mayor and City Clerk to.execute same on behalf of the City. The motion was passed
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
BID AWARD - ELLI,S AVENUE STORM DRAIN - CC-261 - KORDICK & SON. INC.
The City Clerk read a communication from the Public Works Department stating that
bids for Project CC-261 - construction of a storm drain pipe system in portions of
Ellis Avenue, Delaware StreA Yukon Drive, Franklin Drive and in an easement between
Ellis Avenue and Yukon Drive, had been opened at 10:00 A.M. on Monday, September 17,
1973, in the Council Chamber by the City Clerk, City Attorney and the Acting Director
of Public Works, and that Kordick and Son, Inc., Huntington Beach, California, was the
low bidder with a bid amount of $140,821.00.
Alsotransmitted was a communication from the Secretary of the Environmental Review
Board stating that the Exemption Declaration on this project had been granted.
The Acting Director of Public Works recommended that Council adopt Exemption Declara-
tion No. 73-153 and award the bid to Kordick and Son, Inc., Huntington Beath, Calif-
ornia. The bids submitted were as follows:
Kordick and Son, Inc. Huntington Beach $140,821.00
E cco Construction, Inc. Santa Ana $191,438.00
A motion was made by Councilman Bartlett to adopt Exemption Declaration No. 73-153,
award the contract for Project CC-261 to Kordick and Son, Inc., Huntington Beach,
California, the lowest responsible bidder, for a bid amount of $140,821, hold all
other bids until Kordick and Son, Inc., has executed the contract for said work and
filed necessary bonds; and directed the City Clerk to notify the un.successful.bidders
of the action and return their bid bonds forthwith. The motion was .passed by the
following vote:
AYES: Councilmen: Shipley,.Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
1
103
Page #5 - Council Minutes - 9/17/73
BID AWARD - SPEER AVENUE STORM DRAIN - CC-263 - LOMAR CORPORATION
The City Clerk read a communication €rom the Public Works Department stating that
bids for Project CC-263 - construction of a storm drain pipe system in Speer Avenue
from 170 feet west of Crabb Lane to 165 feet west of Jacqueline Lane and continuing
in an easement to 430 feet north of Speer Avenue, had been opened at 10:00 A.M. on
Monday, September 17, 1973, in the Council Chamber by the City Clerk, City Attorney
and the Acting Director of Public Works, and that Lomar Corporation, Santa Ana,'Calif-
ornia, was the low bidder with a bid amount of $33,358. .Also transmitted was a
communication from the Secretary of the Environmental Review Board stating that the
Exemption Declaration on this project had been granted. The Acting Director of Public
Works recommended that Council adopt Exemption Declaration No. 73-155 and award the
bid to Lomar Corporation, Santa Ana, California. The bids submitted were as follows:
Lomar Corporation Santa Ana $33,358.00
Kordick and Son, Inc. Huntington Beach $43,580.00
Thompson -Lee Anaheim $44,180.00
Savala Construction Long Beach $44,294.00
Ecco Contractors, Inc. Santa Ana $59,100.00
A motion was made by Councilman Bartlett to adopt Exemption Declaration No. 73-155,
award the contract to Lomar Corporation, Santa Ana, California, the lowest responsible
bidder for a bid amount of $33,358, hold all other bids until Lomar Corporation has
executed the contract for said work and filed necessary bonds; and directed the City
Clerk to notify the unsuccessful bidders of the action,.ind return their bid bonds
forthwith. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - APPEAL - ZONE CASE NO. 73-16 - DEFERRED TO LATER PORTION OF MEETING
Mayor Matney announced that this was the day and hour set for the continuance of a
public hearing on an appeal filed by Mobil Oil Corporation, Downey, California, which
had been reconsidered at the meeting of August 20, 1973, to the denial by the Planning
Commission of a petition for a change of zone from C4 Highway Commercial District to
C4-SS Highway Commercial District - Service Station Suffix, on property located at the,
southwest corner of Beach Boulevard and Talbert Avenue.
Mr. LeRoy Collins, 8649 E. 7th Street, Downey, addressed Council regarding the proposed
development.
There being no one present to speak further 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 Mayor Matney to adopt Exemption Declaration No. 73-80; overrule
the decision of the Planning Cosmaission and approve Zone Case No. 73-16, and direct
the City Attorney to prepare an ordinance effecting the change of zone. .
Councilman Coen requested clarification from the City Attorney relative to the Service
Station Suffix and the matter was deferred to later in the meeting to allow the City
Attorney an opportunity to review the matter.
Page # 6 - Council Minutes - 9/17/73
PUBLIC HEARING - ZONE CASE NO. 73-13 - CONTINUED TO 1/21/74
Mayor Matney announced that this was the day and hour set for the continuance of a
public hearing opened at the July 2, 1973 meeting on Zone Case No. 73-13, initiated
by the Planning Commission, for a change of zone from Ml-A-O Restricted Manufacturing
District, combined with oil production, to MH Mobilehome Zone, on property located on
the west side of Newland Street, approximately 700 feet north of Pacific Coast Highway.
On motion by Green, Council continued the public hearing on Zone Case No. 73-13 to
the January 21, 1974 meeting pending completion of an Environmental Impact Report.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
QUEST FOR RECOGNITION - HUNTINGTON BEACH COUNCIL ON _AGING_
The City Clerk presented a communication from Mr. Jordan Van Thiel, member and spokes-
man for the Huntington Beach Council on Aging, requesting City Council recognition as
the authorized agency to implement programs for the retired residents of the City.
Mr. Van Thiel addressed Council regarding the reasons for the group's request for
Council recognition.
A motion was made by Councilwoman Gibbs to officially recognize the Huntington Beach
Council on Aging.
Mrs. Esther Rivelli, 10361 Kamuela Drive, City, President of the Huntington Beach
Senior Citizen's Club, addressed Council and urged that they grant recognition to the
Huntington Beach Council on Aging. She spoke regarding the availability of Federal
Funds to implement programs to benefit the co=unity's senior citizens.
Discussion was held between the Council and Mrs. Rivelli concerning the organizational
make-up of the group and the need to establish guidelines.
Mr. Kenneth White, Assistant City Librarian, reported that efforts were being made to
publicize the group so that all interested persons would be aware of the organization
and that it was not the intention of the Council on Aging to limit their membership to
omit any group which may wish to join at a later date.
Mrs. Vivian Borns, Recreation Supervisor, Recreation and Parks Department, addressed
Council and stated that she believed that guidelines should be established in the
matter. She suggested that action be taken, as soon as possible, in order for the
group to qualify for Federal funding.
A vote was then taken on the motion made by Councilwoman Gibbs to sanction and
officially recognize the Huntington Beach Council on Aging. The motion was passed by
the following vote:
AXES Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
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Page #7 - Council Minutes - 9/17/73
Mayor Matney requested that the Huntington Beach Council on Aging supply the City
Council with a set of Guidelines and Procedures regarding operations and selection
of representatives.
PUBLIC HEARING - APPEAL - ZONE CASE NO. 73-16 - APPROVED
Mayor Matney announced that the public hearing on Zone Case No. 73-16, which had been
deferred from the earlier portion of the meeting, would be resumed at this time.
The City Attorney reported on the interpretation of the Service Station Suffix portion
.of the ordinance code.
Following discussion by Council, the motion made by Mayor Matney to adopt Exemption
Declaration No. 73-80; overrule the decision of the Planning Commission and approve
Zone Case No..73-16, and direct the City Attorney to prepare an ordinance effecting
the change of zone was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Coen, Matney
NOES: Councilmen: Gibbs, Green, Duke
ABSENT: Councilmen: None
PUBLIC HEARING - MASTER PLAN AMENDMENT NO. 73-6 - APPROVED - RES. NO 3763 - ADOPTED
Mayor Matney announced that this was the day and hour set for a public hearing on
Master Plan Amendment No. 73-6, initiated by the Planning Commission, for a change
from Medium Density Residential to Commercial, on property located on the north side
of Alhambra Avenue, approximately 100 feet west of Beach Boulevard.
The City Clerk informed Council that all legalrequirements for publication and posting
had been met, and that she had received no communications or written protests to
Master Plan. Amendment No. 73-6 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 Master Plan Amendment No. 73-6.
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 adopted Exemption Declaration No. 73-145 and approved.
Master Plan Amendment No. 73-6 by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
The City Clerk was directed to give Resolution No. 3763 a reading by title - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGT ON BEACH AMENDING ITS MASTER PLAN
OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT NO. 73-6."
On motion by Green, Council waived further reading of Resolution No. 3763 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.# 8 - Council Minutes -. 9/17/73
PUBLIC HEARING - MASTER PLAN AMENDMENT NO. 73-7 - APPROVED - RES. NO. 3764 - ADOPTED
Mayor Matney announced that this was the day and hour set for a public hearing on
Master Plan Amendment No. 73-7, initiated by the Planning Commission, which adds the
new land use category of Agriculture to the existing plan and applies it to the Light
Industrial Area on property located on the east side of Goldenwest Street, approx-
imately 620 feet north of Ellis Avenue.
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 Master Plan Amendment No. 73-7 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 Master Plan Amendment No. 73-7.
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 Bartlett, Council adopted Exemption Declaration No. 73-144 and approved
Master Plan Amendment No. 73-7, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
140ES: Councilmen: None
ABSENT: Councilmen: None
The City Clerk was directed to give Resolution No. 3764 a reading by title - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN
OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT NO. 73-7."
On motion by Bartlett, Council waived further reading of Resolution No. 3764 and
adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NQES: Councilmen: None
ABSENT: Councilmen: Nona
PUBLIC HEARING - ZONE CASE NO. 73-15 - APPROVED - ORD. NO. 1871 FIRST READING
Mayor Matney announced that this was the day and hour set for a public hearing on
Zone Case No. 73-15, initiated by the Planning Commission, for a change of zone from
C4 Highway Commercial District of R5 Office -Professional District, on property located
on the north side of Warner Avenue, approximately 300 feet east of Bolsa Chica Street.
The City Clerk informed Council that all legal requirements for notification, publica-
tion and posting had been met, and that she had received no communications or written
protests to Zone Case No. 73-15, or to the recommendation of approval of the Planning
Commission.
The Planning Director presented a resume' of the Planning Commission's reasons for
recommending approval of Zone Case No..73-15.
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Page # 9 - Council Minutes - 9/17/73
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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 Gibbs, Council adopted Exemption. Declaration No. 73-143 and approved Zone
Case No. 73-15. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
Councilman Duke requested that the record show that this zone case was initiated
because the use was already in existence and it would bring the area into conformance
with the Master Plan.
The City Cleric was directed to give Ordinance No. 1871 a first reading by title - "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 NORTH SIDE OF WARNER AVENUE APPROXIMATELY 300 FEET EAST OF BOLSA CHICA
STREET (ZONE CASE NO. 73-15.)"
On motion by Gibbs, Council waived further reading of Ordinance No. 1871 by the
following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs., Green, Coen,.Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - ZONE CASE NO. 73-20 - APPROVED
Mayor Matney announced that this was the day and hour set for a public hearing on
Zone Case No. 73-20,.initiated by the Planning Commission, to add the CD (Civic District
Suffix) to the following zones: R1-01, C2-0, RS-01, C2-01, RA-0, M2-02, M1-0, CF-E,
Ml, RA-02.. The CD (Civic District Suffix) to apply generally to property located on
the north and south sides of Mansion Avenue east of Goldenwest Street and the east and
west sides of Goldenwest Street north of the intersection of Mansion Avenue to approx-
imately 900 feet south of Ellis Avenue.
The City 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 Zone Case No. 73-20, or to the recommendation of approval of the.Planning Commission.
The Planning Director presented a resume' of the Planning Commission's reasons for
recommending approval of Zone Case No. 73-20.
Mayor Matney declared the hearing open.
Mr. W. E.. Foster, representing the Huntington Beach Company, 2110 Main Street, City,
addressed Council regarding the proposed change of zone. He stated that Runtington
Beach Company owned most of the property in the Civic District Suffix area, and further
stated the reasons why he did not believe the criteria set forth.by the Civic District
Suffix had been met and requested that the zone case be denied.
There being no one present to speak further on the matter and there being no further
protests filed, either oral or written, the hearing was closed by the Mayor.
Page #10 - Council. Minutes - 9/17/73
On motion by Duke, Council adopted Exemption Declaration No. 73-150 and approved Zone
Case No. 73-20 by the following vote:
AYES: Councilmen: Shipley, Gibbs, Green, Duke
NOES: Councilmen: Bartlett, Coen, Matney
ABSENT: Councilmen: None
On motion by Gibbs, Council directed the City Attorney to prepare an ordinance effecting
the change of zone, by the following, vote:
AYES: Councilmen: Shipley, Gibbs, Green, Duke
NOES: Councilmen: Bartlett, Coen, Matney
ABSENT: Councilmen: None
PUBLIC HEARING � APPEAL - USE PERMIT NO. 73-32 & CONDITIONAL EXCEPTION NO. 73-23 - DENIED
Mayor Matney announced that this was the day and hour set for a public hearing on an
appeal filed by Barnes, Schag, Johnson & Kennedy, Attorneys, on behalf of Shelter
Industries, Inc., to the denial by the Planning Commission of Use Permit No. 73-32 to
permit a proposed 296 unit apartment complex pursuant to S. 9202.3.1:3, and an appeal.
to the denial of Conditional Exception No. 73-23 permitting zero side and rear yard
setback for carports of a proposed 296 unit apartment complex in lieu of S. 9230.13(c)
of the Huntington Beach Ordinance Code. The subject property is located at the southw.
west corner of Edinger Avenue and Newland Street in an.R3 Medium -High Density Residential
District.
The City Clerk informed Council that all legal requirements for notification, publi-
cation and posting had been met aid that she had received a copy of a com=nication
sent by Mr. Edgar E. Scheck, representative for the property owner, to Mr..Edward H.
Kerins, Chairman of the Planning Commission.
The Planning Director presented a resume' of the Planning Commission's reasons for
recommending denial.of the Use Permit and Conditional Exception. He also presented
slides of the.'area for Council's information.
Mayor Matney declared the hearing open.
Mr. Robert Huntley, City Administrator of the City of Westminster, addressed Council
and stated that the City of Westminster believed the proposed location of the develop-
ment presented a unique circumstance and gave reasons why their city believed the
impact.of the development would be detrimental to the area.
Mr. Robert Wilson, 8401 Carnegie Avenue., Westminster,.President of a Homeowner's
Association in the City of Westminster, addressed.Council in opposition to the
proposed development.
Mayor Matney informed the Council that a communication had been received from the
State Division of Highways relative to the.location,of the development in relation
to.the proposed freeway.
Mr. William Geiger, City Planning Commission Member, , addressed Council aregarding.the
.Planning Commission's denial of this. matter.
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Page #11 - Council Minutes - 9/17/73
Mr. Burt Milburn, representing Environmental Impact Profiles, 6475 "B" Street, Tustin,
addressed Council regarding the Environmental Impact Report on the project.
Mr. Sam Barnes, 4525 MacArthur Boulevard, Newport Beach, Legal Counsel for the appellant,
addressed Council and gave reasons why he believed the development shorald be approved.
There being no one present to speak further on the matter and there being no further
protests filed, either oral or written, the hearing was closed by the Mayor.
Following discussion, a motion was made by Councilman Bartlett to overrule the decision
of the Planning Commission; adopt Environmental Impact Report No. 73-7, and grant Use
Permit No. 73-32 and Conditional Exception No. 73-23, but failed to pass by the following
vote:
AYES: Councilmen: Bartlett, Coen, Matney
NOES: Councilmen: Shipley, Gibbs, Green, Duke
ABSENT: Councilmen: None
RESOLUTIONS ADOPTED
On motion by Gibbs, Council directed the City Clerk to read Resolution Nos. 3752, 3762
and 3765 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
RES NO 3752 - ADOPTED - ESTAS FEES - SPECIAL SERVICES - DEPT BLDG.& COMMUNITY DEV.
"A RESOLUTIDN OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING APPROPRIK"E
FEES FOR SPECIAL SERVICES PROVIDED BY THE DEPARTMENT OF BUILDING AND COMMUNITY DEVELOP-
MENT AND SETTING CONDITIONS OF PAYMENT AND DISBURSEMENT THEREOF."
RES NO 3762 - ADOPTED - SURPLUS FEDERAL PROPERTY - CIVIL DEFENSE PURPOSES
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING ELIGIBILITY
TO RECEIVE SURPLUS FEDERAL PROPERTY FOR CIVIL DEFENSE PURPOSES UNDER PUBLIC LAW 655,
84TH CONGRESS (70TH STAT 493)."
RES NO 3765 - ADOPTED - AMENDMENT TO CONTRACT - PUBLIC EMPLOYEES` RETIREMENT SYSTEM
"A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH T4
APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH."
TRAFFIC STUDY - BRAD DRIVE & EDWARDS STREET - RECEIVED & FILED
The City C1erk.presented a report from the Department of Public Works regarding a
traffic study at Brad Drive and Edwards Street which had been requested by Council at
the meeting of September 4, 1973.
The Acting Director of Public Works reported on the matter and stated that the trimming
of shrubs and trees in the median of Edwards Street had been completed and suggested
that the Department of Public Works and the Police Department continue to observe this
intersection.
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Page # 12 - Council Minutes - 9/17/73
Discussion was 'held between the Council and Acting Director of Public Works.
On motion by.Matney, Council directed that the report regarding the traffic study
on Brad Drive and Edwards Street 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
TRAFFIC STUDY - GOODWIN LN & FORELLE DR/FORELLE DR & LISA.LN - RECEIVED & FILED
The City Clerk presented a report from the Department of Public Works regarding a
petition presented at the September 4, 1973 meeting, requesting the installation of.
stop signs at the corner of Goodwin Lane and Forelle Drive and Forelle Drive and
Lisa Lane.
The City Administrator stated that a meeting between the staff and property owners
had been held and that a solution had been agreed upon.
On motion by Duke, Council directed that the report regarding the traffic study on
Goodwin Lane and Forelle Drive and Forelle Drive and Lisa Lane 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
Mrs. Catherine Kalomiris, 18372 Goodwin Lane, City, addressed Council and requested
clarification of the steps which were being taken to correct the problem, and the
City Administrator read the four steps outlined in the memorandum from the Department
of Public Works, He added that if the above steps do not remedy the situation,,'
consideration will be given to the construction of a raised median in Forelle Drive
to prevent the shortcutting of vehicles between the two intersections.
Mayor.Matney informed Mrs. Kalomiris that the.Council and homeowners would be kept
current of the situation by the staff.
BICYCLE TRAILS STATUS REPORT - RECEIVED & FILED
The City Clerk presented a memorandum from the Planning Department informing, Council
that their department and the Department of Public Works was completing final work
on the Land and Water Conservation Grant for Recreational Trails that was awarded -to
the City earlier in the year, and that a final recommended plan far the expenditure of
said funds would be transmitted to the Council at the October 1, 1973 meeting.
On motion by Matney, Council directed that the memorandum from the Planning Department
regarding the status of the Recreation Trails 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
Page #13 - Council Minutes - 9/17/73
REPORT - COMPLAINT FILED BY JACK DAVIDSON - HUNTINGTON HARBOUR EXCAVATION OF DIRT -
RECEIVED & FILED
The City Clerk presented a memorandum from the Department of Public Works regarding
the complaint by Mr. Jack H. Davidson relative to the problem caused by the excavation
of dirt from the channel in Huntington Harbour, pursuant to Council's request at the
meeting of September 4, 1973.
The City Administrator informed Council that this matter had been referred to the
City Attorney's Office and that further reports on the matter would be presented to
Council.
On motion by Matney, Council directed that the memorandum from the Department of Public
Works relative to the problem caused by the excavation of dirt from the channel in.
Huntington Harbour, 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
ENVIRONMENTAL IMPACT REPORT NO 73-13 - WARNER AVE FIRE & HARBOR FACILITY - DEPT. OF
HARBORS. BEACHES & DEV. - ADOPTED
The City Clerk presented a communication from the Environmental Review Board recoxmneading
that Council adopt Environmental Impact Report No. 73-13 - Warner Avenue .Fire and Harbor
Facility.
On motion by Green, Council adopted Environmental Impact Report No. 73-13 - Warner
Avenue Fire and Harbor Facility, subject to the recommendations of the Environmental
Review Board. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None.
ORD NO 1865 - FIRST READING - AMENDS CODE PERTAINING TO APPEAL PROCEDURES
The City Clerk presented Ordinance No. 1865 for a second reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING. THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTIONS 9815.1, 9815.1.1, 9815.1.2, 9815.2, 9815.4.2, 9815.5 AND 9881;
AND ADDING SECTION 9811.6.1 PERTAINING TO APPEAL PROCEDURES."
Mayor Matney informed Council of the recommendation of Administration to delete Srection
9811.6.1. The City Attorney advised Council that said deletion would require that the
ordinance be given a first reading by title.
The City Clerk was then directed to give Ordinance No. 1865 a first reading by title,
as amended by the deletion of Section 9811.6.1 - "AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9815.1, 9815.1.1;
9815.1.2, 9815.2, 9815.4.2, 9815.5 AND 9881; PERTAINING TO APPEAL PROCEDURES."
Considerable discussion was held by Council concerning the proposed ordinance.
In response to a question.by Councilman Duke, Mr. Edward Kerins, City Planning Commission
Chairman, addressed Council regarding the Planning Commission's desire to have the
ability to handie.appeals to. Administrative Review.
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Page #14 - Council Minutes - 9/17/73
On motion by Coen, Council waived further reading of Ordinance No. 1865 by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green., Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD NO 1868 - ADOPTED - AMENDS CODE - BUILDING PERMIT FEES
The City Clerk gave Ordinance No. 1868 a second reading by title - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
SECTIONS 8114 AND 8114.1, PERTAINING TO BUILDING PERMIT PEES."
On motion by Coen, Council waived further reading of Ordinance No. 186.8 and adopted
same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ORDINANCES FOR INTRODUCTION
On motion by Bartlett, Council directed the City Clerk to read Ordinance Nos. 1869,
1870, and 1872 by title, and waived further reading by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD NO 1869 - FIRST READING - LICENSING OF HORSES & OTHER E UINE ANIMALS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH &M ENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY ADDING THERETO ARTICLE 428 PERTAINING TO LICENSING OF HORSES AND OTHER EQUINE
ANIMALS . "
ORD NO 1870 - FIRST READING - AMENDS CODE PERTAINING TO DEFINITIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH.ORDINANCE.
CODE BY AMENDING SECTION 9700.6 PERTAINING TO DEFINITIONS."
ORD NO 1872 FIRST READING - AMENDS CODE - ADDS NEW ARTICLE ENTITLED "CATS"
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING SECTION 4243.6, AND ADDING A NEW ARTICLE 427 ENTITLED, "CATS"."
REQUEST TO ADDRESS COUNCIL REGARDING LICENSING OF HORSES
Mrs. Bobbie Peterson, 17042 Leslie Drive, City, addressed Council and presented
reasons why she believed that race horse breeding stock should be exempt from the
ordinance.
Mayor Matney requested that Mrs. Peterson submit a written report on the matter to
the City Administrator who would then research the matter.
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Page #15 - Council. Minutes - 9/17/73
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REPORT - TALBERT AVENUE REALIGNMENT - RECEIVED & FILED - CA 73-103)
On motion by Matney, Council directed that the communication fromthe City Administrator
recommending a postponement of decision on the realignment of Talbert Avenue until
completion of the study being conducted by the Acting Director of Public Works, 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
REPORT - FOOD HANDLING ORDINANCE - RECEIVED & FILED - CA 73-104)
On motion by Coen, Council directed that the communication from the City Administrator
recommending that Ordinance No. 1866 relative to Food Handling Establishments be
redrafted to incorporate changes, 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
AGREEMENT - COAST COMKUNITY COLLEGE DISTRICT - PHASE I - COMMWITY AMPHITHEATER -
APPROVED RESOLUTION NO 3766 - ADOPTED
The City Administrator presented a Joint Powers Agreement between the City and Coast
Community College District for the Phase I construction of the community amphitheater
on the Golden West campus.
On motion by Gibbs,.Council approved the. Joint Powers Agreement. between the City and
Coast Community College District for the Phase I construction of the community
amphitheater on the Golden West campus, and authorized the Mayor and City Clerk to
execute same on behalf of .the City. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT Councilmen: None
The City Clerk was directed to give Resolution No. 3766 a reading by title - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE EXECUTION
OF A JOINT POWERS AGREEMENT WITH COAST COMMUNITY COLLEGE DISTRICT FOR THE CONSTRUCTION
OF AN AMPHITHEATER ON THE GOLDEN WEST COLLEGE."
On motion by Gibbs, Council waived further reading and adopted Resolution No. 3766
by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
APPOINTMENT OF REPLACEMENT TO ORANGE .COUNTY HOUSING AUTHORITY
Mayor Matney informed the Council of the resignation of Dr. Henry Kaufman., representative
of the City to the Orange County Housing Authority. He requested that Council consider
a replacement and submittheir recommendations at the next meeting.
Page #16 - Council Minutes - 9/17/73
REQUEST TO ADDRESS COUNCIL - ORI2. NO 1872 - CAT LICENSING
A resident of the community addressed the Council and requested clarification of
Ordinance No. 1812 relative to cats which had been given a first reading earlier in
evening.
Another resident of the community addressed Council and stated that he was opposed
to the use of cat traps.
ORDINANCE 1865 - AMENDS CODE PERTAINING TO APPEAL PROCEDURES
Mr. Edward Kerins, City Planning Commission Chairman, addressed Council regarding the
intent of Ordinance No. 1865, pertaining to appeal procedures, which had been given
a first reading by title earlier in the meeting.
The City Administrator read the portion of the ordinance which had been deleted by
Council prior to the first reading.
Discussion was held between the Council and staff on the matter.
Mr. Jerry Shea, representing the Legislative Action Committee of the Huntington Beach
Chamber of Commerce, addressed Council regarding the intent of Ordinance No 1865.
Mayor Matney requested that the Council and staff review this matter at an adjourned
regular meeting of Council to be held at 5:30 P.M. on Monday, October 1, 1973.
REQUESTS FOR CLARIFICATION - ORDINANCE NO. 1869
A resident of the community addressed Council and requested clarification as to what
percentage of the funds from the horse licensing ordinance would be used for equestrian
trails and the Council informed her that the total licensing revenues would be
deposited in the Equestrian Facilities Trust Fund.
Mr. Ted Hennes, 8822 Hummingbird Lune, owner of the Gold Bar Stables, Huntington Beach,
addressed Council regarding provisions of Ordinance No. 1869.
Mr. Hennes was then informed that the meetings which will be held concerning the
establishment of equestrian trails would be publicized so that he and other interested
parties could attend.
Mrs. Meredith Lamport, 17412 Koledo Lane, City, addressed'Council and requested
clarification of the ordinance.
STUDY REQUESTED - AMENDMENTS TO BUILDING CODE
Councilman Coen requested that the staff be authorized to study the possibility of
amending portions of the City building codes to incorporate changes which could be
made to a structure to minimize noise problems, to keep within the confines of a
structure the energy that was used therein, including the double glazing and the
vent baffling and whatever other things that environmentalists believe may be necessary..
Mayor Matney requested that the Director of Building and Community Development research
this matter for report to Council.
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Page #17 - Council Minutes - 9/17/73
'J
Mx- Edward Kerins, Planning Commission Chairman, addressed Council and stated that the
staff was presently working on various conditions of approval for adoption by the
Planning Commission.
Mayor Matney requested that a joint report on the matter be prepared by the Department I
of Building and Community Development and the Planning Department for report to Council
REQUEST FOR REPORT - WESTMINSTER LAND EXCHANGE
A motion was made by Councilman Coen to direct the City Administrator to provide
Council with an immediate answer reflecting the current posture and future intentions
of the City of Westminster regarding the proposed land exchange. The motion was
passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
SPONSORSHIP OF HUNTINGTON BEACH MUSIC MAN BAND
Councilwoman Gibbs spoke regarding the proposal=for City sponsorship of the Huntington
Beach Music Man Band. She stated that City sponsorship would enable the band to work
with the Recreation and Parks Department to obtain bus service to concerts.
A motion was made by Councilwoman Gibbs, that the Council officially recognize the
Huntington Beach Music Man Band, without funding, for the remainder of the year and
to direct the Allied Arts Commission to study the matter.
Mr+. Vivian Borns, Recreation and Parks Supervisor, Recreation and Parks Department,
addressed Council, regarding the rental of the Huntington Beach Union High School
District buses.
Mr. Douglas W. Thompson, Director of the Huntington Beach Music Man Band spoke regardi
the band's need for bus transportation.
Councilman Duke suggested that the High School District be contacted regarding the
matter.
Following discussion, Council determined that no action would be taken on the matter
until a report has been presented by the Allied Arts Commission, the City Administrator
and the Recreation and Parks Department.
Mr. Thompson presented the City with the first place trophy which was .awarded to the
Huntington Beach Music Man Band in the band division of the Western Parade of the
California State Recreation and Parks Department.
The motion made: by Councilwoman Gibbs, was then withdrawn.
MEETING TO BE SCHEDULED WITH SOUTH COAST REGIONAL COASTLINE COMMISSION
Councilman Duke spoke regarding the need to pursue communications between the City and
the South Coast Regional Coastline Commission to establish continuity between City
ordinances and those regulations to be adopted by their body.
Councilman Green suggested that Mr. Mel Carpenter, Executive Directo , be invited to
speak with Council at a study session.
The City Administrator was ;requested to attempt to schedule a meeting between the
Council and Mr. Carpenter. IJL
Wage 018 - Council Minutes - 9/17/73
?.TZIMS tRECEIVED AND FILER BY THE CITY COUNCIL
P-1. Address to the South Coast Regional Coastal Commission by Huntington Beach
Chamber of Commerce President .Terry M. Bame.
P-2. Communication from Department of Transportation, State of California, acknowl-
edging receipt of Resolution No. 3728 endorsing a resolution of the Santa Ana
River/Santiago Creek Greenbelt Commission urging public agencies to hold land
on the Orange County coastline in the public domain.
P-3. City of Garden Grove Resolution requesting the State of California to provide
a meaningful program of tax relief to residents of Garden Grove and the State.
P-4. Monthly Report, August - Department of Building and Community Development.
P-3. Monthly Report, August - Recreation and Parks Department.
P-6. Monthly Report, August - Oil Division.
=CUTV'E SESSION CALLED
Mayor Matney called an Executive Session of the Council to discuss personnel matters
and pending litigation.
The Mayor called a recess of the Council at 10:30 P.M.
RECONVENE
'�'ha maeting was reconvened at 10:55 P.M. by the Mayor.
A-DiOURNME Ti
0a motion'-iy Bartlett, the regular meeting of the City Council of the City of
:Huntington Beach adjourned at 11:00 P.M., to Monday, October 1, 1973 at 5:30 P.M.
_n the Administrative Annex., The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
A2SEPT: Councilmen- None
A. ici a M. Wr ntwo,rth
Citv CLezk
City Clerk and ex-officio Clerk
of %the City Council of the City
of�Huntington Beach, California
.ferry A. Matney
Mayor
1-1-7