HomeMy WebLinkAbout1973-10-01MINUTES
Administrative Annex, Civic Center
Huntington Beach, California
Monday, October 1, 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, Duke, Matney
Coen - (arrived at 5:50 P.M.)
Councilmen Absent: None
REVIEW OF CONDITIONS - ADMINISTRATIVE REVIEW 72-93 - SO CALIF EDISON
Mayor Matney stated that the Council had been provided with copies of the Planning
Commission's Conditions of Approval on Administrative Review No. 72-93 - Proposed
expansion of the Southern California Edison Company generating station - with the
incorporation of recommended revisions, additions,' and/or deletions by Southern
California Edison Company.
A communication from the City Attorney addressed to the City Administrator was
presented, giving a resume' of'a meeting which was held between the City Attorney,
City staff, Mr. Robert Burbank, Manager of the Southern California Edison Company,
and Mr, Robert Barnes, Assistant Counsel for the Edison Company.
A review of the conditions proposed by the City and recommended revisions submitted
by Southern California Edison Company was conducted by Council, and considerable
discussion was held by the Council, City Attorney, and staff. The City Attorney and
City Administrator were requested to revise several sections in accordance with
Council's recommendations, for presentation at the October 15, 1973 public hearing.
EXECUTIVE SESSION CATwLED
Mayor Matney called an Executive Session of the Council to discuss pending litigation
and personnel matters.
j ECESS
The Mayor called a recess of the Council.
REC2NVENE
The meeting was reconvened by the Mayor.
Its
Page #2 - Council Minutes - 10/1/73
ADJOURNMENT
On motion by Bartlett, the adjourned regular sheeting of the City Council of the City
of Huntington Beach adjourned. The motion was passed by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: Npne
ABSENT: Councilmen: None
ATTEST:
xcx n worth
City Clerk
_City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Jerry A. Matney
Mayor
it
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, October 1, 1973
Mayor Matney called the regular meeting of the City Council of the Ci.ty of
Huntington Beach to order at 7:00 P.M.
The Pledge of Allegiance was given by all present in the Council Chamber.
ROLL CALL
Councilmen Present: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
Councilmen Absent: None
PROCLAMATION - "NATIONAL 4-H WEEK" - OCTOBER 7-13, 1973
Mayor Matney read a proclamation designating October 7-13, 1973, as "National
4-H Week" in recognition of the fine achievements of 4-H members and their families.
President Steve Reynolds and members of the Quilters and Tillers 4-H Club of`
Huntington Beach were present to accept the proclamation.
PROCLAMATION - "FIRE PREVENTION WEEK" - OCTOBER 7-13, 1973
The Mayor presented a proclamation to Mrs. Carole Foss, President of the Junior:
Woman's Club, designating the week of October 7-13, 1973, as "Fire Prevention Week"
in the City.
PROCLAMATION - "UNITED NATIONS DAY" - OCTOBER 24, 1973
Mayor Matney read a proclamation designating October 24, 1973 as "United Nations Day"
in the City.
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 17,
1973 and the regular meeting of September 17, 1973, as written and on file in the Office
of the City Clerk.
ASSIGNMENT - REIMBURSEMENT AGREEMENT NO 110 - Approved Assignment from Herman Tolkan
to John Levin, of Herman Toikan's rights in Reimbursement.Agreement No. 110, and
authorized the Mayor and City Clerk to execute same on behalf of the City.
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CLAIM NO 73-60 - NANCY P HERPOLSCHEIMER - DENIED - Denied Claim No. 73-60, filed
by Goldman & Gangioff, Attorneys at Law, on behalf of Nancy P. Herpolscheimer,
mother of Jeanne Carol Herpolscheimer, for alleged wrongful death of minor child
on or about June 15, 1973, in the vicinity of Beach Boulevard at its intersection
with Yorktown Avenue.
CLAIM NO 73-61 - DONALD HERPOLSCHEIMER - DENIED - Denied Claim No..73-61 filed by
Goldman and Gangloff, Attorneys at Law, for Nancy P. Herpolscheimer, guardian, on
behalf of minor child, Donald Herpolscheimer, for alleged injuries sustained on
or about June 15, 1973, in the vicinity of Beach Boulevard at its intersection with
Yorktown Avenue,
CLAIM NO 73-62 - KAROLINA CRIDLAND - DENIED - Denied Claim No. 73-62 filed by L.
Eugene Ha lsted, Attorney at Law, on behalf of Karolina Cridland, for alleged injuries
incurred on or about August 7, 1973, in the vicinity of Beach Boulevard, at its
intersection with Yorktown Avenue.
CLAIM NO 73-63 MAURICE B WELLS - DENIED - Denied Claim No. 73-63 filed by Maurice
B. Wells, for alleged damages to vehicle by a City vehicle on or about August 24,
1973, at the southwest corner of Springdale Street and Warner Avenue.
CLAIM NO 73-64 - DANIEL & CLARINDA WILLIAMSON - DENIED - Denied Claim No. 73-64
filed by Gillette, Seifert & Pagter, Attorneys at Law, for Daniel and Clarinda
Williamson, on behalf of minor child, Jack William Williamson, for alleged injuries
sustained on or about August 14, 1973, in the vicinity of the Huntington Beach
Municipal Pier.
AGREEMENT - SIGNAL OIL &_GAS CO - APPROVED - Approved agreement between the City
of Huntington Beach and Signal Oil and Gas Company for the refund to Signal Oil
and Gas Company of license tax for period of July 1, 1972 to August 3, 1972 and
authorized the Mayor and City Clerk to execute same on behalf of the City.
SUBDIVISION AGREEMENT - TRACT NO 8050 - DONALD L BREN CO'- Accepted Monument Bond
.No. SLR 7202921, Faithful Performance Bond No. SLR 7 2920, Labor and Material Bond
No. SCR 7202920 - (The American Insurance Company); and authorized execution of the
Subdivision Agreement for Tract No. 8050 as recommended by the Acting Director of
Public Works.
FINAL TRACT MAP NO 8168 - PORTION OF TT 5419 - SIGNAL LANDMARK,,, INC - Approved and
authorized execution by the Mayor and City Clerk of the agreement and accepted
bond guaranteeing dedication of land for park sites or payment of a fee in lieu
thereof, accepted the offer of dedication and improvement as.shown on Final Tract
Map No. 8168, a portion of Tentative Tract No. 5419, located at the northwest corner
of Atlanta Avenue and Magnolia Street; examined and certified by the Acting Director
of Public Works and the Secretary to the Planning Commission as being substantially
in accordance with the tentative map as filed, amended and approved by the Planning
Commission; Acreage: 17.556; Lots: 2 Lots and Lot A; Developer: Signal Landmark,
Inc., Santa Ana, California; adopted the map subject to standard conditions set
forth by the Department of Public Works and the Planning Department in Resolution
No. 3056, adopted October 20, 1969, with the additional stipulations that a condition
to approval of Tentative Tract No. 5419 requires either the dedication of land or
the equivalent payment of park and recreation fees or the dedication of land for
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future park sites. The Subdivider requested that payment of the required park and
recreation fees for Final Tract No. 8168 be deferred until a determination is made
of the amount of the Subdivider's land which is to be dedicated for park sites, but
in any event, no later than September 6, 1974. Signal Landmark, Inc., has submitted a
performance bond and agreement for the required dedication of land for park sites or
payment of a fee in lieu thereof for Tract No. 8168, further that park and recreation
fees payment shall be accepted or the performance bond posted prior to recordation
of the final map and that the final map shall be recorded prior to the expiration of
Tentative Tract No. 5419 on May 15, 1974. Adopted Environmental Impact Report No. 73-1.
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 cause preliminary processing of such map by the County
but will not record said map or cause it to be recorded until the completion of all the
conditions and receipt by such title company of prior written consent to record said
map from the City Clerk.
FINAL TRACT MAP NO 7950 - ALL OF TENTATIVE TRACT 7950 - DANIE & WEBB - Accepted -the
offer of dedication and improvement as shown -on Final Tract NO. 7950, all of
Tentative Tract No. 7950, located south of Holland Drive, 265 feet east of Beach
Boulevard - examined and certified by the Acting Director of Public Works and the.
Secretary to the Planning Commission as being substantially in accordance with the
tentative map as filed, amended and approved by the City Council on July 16, 1973.
Acreage: 3.86; Lots: 24; Developer: Daniel & Webb, Placentia, 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 recorded prior to
the expiration of Tentative Tract Map No. 7950 on July 16, 1974. Adopted Exemption
Declaration No. 72-105.
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 cause preliminary processing of such map by the
County, but will not record said map or cause it to be recorded until the completion
of all the conditions, and receipt by such title company of prior written consent to
record said map, from the City Clerk.
DEDICATED IMPROVEMENTS - TRACT NO 7286 - SHAPELL INDUSTRIES -. Accepted improvements
dedicated for public use in Tract No. 7286 - located east of Bushard Street and north
of Indianapolis Avenue; 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.
DEDICATED IMPROVEMENTS - TRACT NO 7930 - WIR DEVELOPERS INC - Accepted improvements
dedicated for public use in Tract No. 7930 - located south of Terry Drive and east
of Beach Boulevard; authorized the release of the faithful performance portion of the
Improvement Bond only, the Monument Bond and the termination of the Subdivision Agree-
ment, and directed the City Clerk to notify the developer, and the Treasurer to notify
the bonding company.
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AHFP #703 AGREEMENT - MANSION AVENUE - CC-251 - Approved Arterial Highway Financing
Program Agreement No. 703 between the City and the County of Orange, for the acqui-
sition of right of way for the realignment of Mansion Avenue from Main Street .to
Delaware Street, and authorized the Mayor and City Clerk to execute same on behalf
of the City.
AGREEMENT - COUNTY OF ORANGE - Approved an Agreement between the City and the County
of Orange for contribution by the County for development of Edison Community Park,
and authorized the Mayor and City Clerk to execute same on behalf of the. City.
SALE OF SURPLUS REAL PROPERTY - RES NO 3756 - NO BIDS RECEIVED
The City Clerk informed.Council that no bids had been received for the sale of the
following parcels of real property declared surplus pursuant to Division 3, Chapter 5,
Article 1, California Government Code {Sections 37350 et. seq.}
Parcel 1 - East 100 ft. of Lot 1 - Tract 4064 - S/S Edinger Avenue,
317 ft..E/o Gothard Street - Declared surplus by Resolution
No. 3683 - Exemption Declaration No. 73-186
Parcel 2 - Lots 1-9 inclusive - Block 813 of Huntington Beach Tract -
Wesley Park Section - Located intersection of Main.& 14th
Streets. Declared surplus by Resolution No. 3697.- Exemption
Declaration No. 73-185.
The City Administrator recommended that the parcels of surplus property be readver-
tised without reference to a minimum acceptable bid.
On motion by Bartlett, Council adopted Exemption Declaration No. 73-186 - Parcel 1, .
and Exemption Declaration No. 73-185 - Parcel 2, and directed that said parcels
of surplus property be readvertised for October 15, 1973 . The motion was 'passed
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
HEARING - RES OF INTENT N0 3755 - VACATION - CLAY AVE & BEACON HILL LN
Mayor Matney announced that this was the day and hour set for a public hearing on
Resolution of Intention No. 3755 - to vacate a portion of Clay Avenue and Beacon
Hill Lane located in the City of Huntington Beach.
The City Clerk informed Council that all legal requirements for publication and
posting had been met, and that no communications or written protests to Resolution
of Intention No. 3755 had been received.
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.
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Page #5 - Council Minutes - 10/1/73
On motion by Green, Council approved the vacation of a portion of Clay Avenue and
Beacon Hill Lane. 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 read Resolution No. 3767 by title - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF
CLAY AVENUE AND BEACON HILL LANE.
On motion by Bartlett, Council waived further reading of Resolution No. 376.7, and
adopted same 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 3753 - VACATION - PORTIONS OF McFADDEN AVENUE &
GRAHAM STREET - RES NO 3768 - ADOPTED - ORDERING VACATION
Mayor Matney announced that this was the day and hour set for a public hearing on
Resolution of Intention No. 3768 - to vacate a portion of McFadden Avenue and a
portion of Graham Street located in the City of Huntington Beach.
The City Clerk informed Council that all legal requirements for publication and posting
had been met, and that no communications or written protests to Resolution of Intention
No. 3753 had been received.
Mayor Matney declared the hearing open.
Mr. Charles Puccio, 15591 white Oak Lane, City, addressed Council and received clar-
ification relative to the location of the proposed vacation.
There being no one further present to speak on the matter and there being no protests
filed, either oral or written, the hearing was closed by the Mayor.
On motion by Bartlett, Council approved the vacation of a portion of McFadden Avenue
and a portion of Graham Street, by -the following voter
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
The City Clerk was directed to read Resolution No. 3768 by reading by title and waiving
further reading - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ORDERING THE VACATION OF A PORTION OF McFADDEN AVENUE AND A PORTION OF GRAHAM STREET.'
On motion by Gibbs, Council waived further reading of Resolution No.. 3768 and adopted
same by the following roll call vote:
AYES. Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
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Page #6 - Council Minutes - 10/1/73
PUBLIC HEARING - OIL. FIELD SUPERINTENDENT REPORT - ASSESSMENT FOR NUISANCE ABATEMENT -
OIL WELL DOLLAR #8 - RES NO 3769 - ADOPTED - APPROVED C STS
Mayor Matney announced that this was the day and hour set for a public hearing to
hear and pass upon.the report of the oil field superintendent containing the
proposed cost to be assessed against the following described property for abatement
of the nuisance.thereon; and when and where it will hear all objections or protests.
The property upon which the assessment is proposed to be levied is described as
follows:
Oil Well Dollar No. 8, Mr. Howard O'Brien
Lots 9 and 10, Block 110, Huntington Beach Tract
The proposed assessment is the sum of Nine Hundred and Twenty -Three and 76/100
Dollars ($923.76).
The City Clerk informed Council that all legal requirements for publication and
posting had been met, and that no communications or written protests.to the Oil
Field Superintendent Report had been received.
Mayor Matney declared the hearing open.
The Director of the Department of Building and Community Development reported on
the matter.
Mr. Robert vedell, 908 N. Bristol Street, Santa Ana, Attorney for Mr. Howard O'Brien,
owner of Oil Well Dollar No. S, addressed Council, and.requested a continuance of
the hearing until Mr. O'Brien was able to be present. He.also spoke regarding the
cost of the abatement proceedings.
Discussion was held regarding the disposition of the equipment on the property
at the time of the abatement proceedings.
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.
The City Clerk was directed to read Resolution No. 3769 by title - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING'COST OF NUISANCE
ABATEMENT ON LOTS 9 AND 10, BLOCK 110, HUNTINGTON BEACH TRACT (OIL WELL DOLLAR
NO. 8).11
On motion by Duke, Council waived further reading of Resolution No. 3769 by the fol-
lowing roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke,.Matn6y
NOES: Councilmen: None
ABSENT: Councilmen: None
RESOLUTIONS ADOPTED
On motion by Green, Council directed the City Cleric to read Resolution Numbers 3770,
3771, 3772, 3773, 3774 and 3775 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
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Page #7 - Council Minutes - 10/1/73
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RES NO 3770 - ADOPTED - "ORANGE COUNTY ECONOMIC DEVELOPMENT DAY"
"A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THURSDAY$
OCTOBER 11, 1973 "ORANGE COUNTY ECONOMIC DEVELOPMENT DAY"."
RES NO 3771 - ADOPTED - SUPPORTS PROPOSAL FOR REDUCED METROPOLITAN WATER DISTRICT RATES
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE
ENDORSEMENT BY THE ORANGE COUNTY PLANNING COMMISSION OF THE PROPOSAL THAT THE METRO-
POLITAN WATER DISTRICT MAKE WATER AVAILABLE AT REDUCED RATE FOR THE :IRRIGATION OF
GREENBELTS AND PERMANENT OPEN SPACE."
RES NO 3772 — ADOPTED - SAFETY POLICY FOR THE.CITY OF HUNTINGTON BEACH
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING.,.A SAFETY
POLICY FOR THE CITY OF HUNTINGTON BEACH."
RES NO 3773 - ADOPTED - SETTLEMENT - SIGNAL OIL AND GAS CO
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SETTLEMENT
OF A DISPUTED TAX PAYMENT BY SIGNAL OIL AND GAS COMPANY."
RES NO 3774 — ADOPTED — GRANT APPLICATION - CALIF COUNCIL ON CRIMINAL JUSTICE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING APPLICATION
FOR A GRANT FOR LAW ENFORCEMENT PURPOSES AND EXECUTION OF -A CONTRACT WITH THE CALIFORNIA
COUNCIL ON CRIMINAL JUSTICE."
RES NO 3775 - ADOPTED - AGREEMENT - COUNTY OF ORANGE - EDISON COMMUNITY PARK.
"A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF HUNTINGTON BEACH APPROVING AND
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF ORANGE FOR THE DEVELOPMENT
OF EDISON COMMUNITY PARK."
WARNER FIRE &.MARINE FACILITY - PRELIMINARY ARCHITECTURAL DESIGN.- APPR. OV_ED, - (DR 73-12)
The City Clerk presented a communication from the Design Review Board recommending..that
Council approve the preliminary architectural design of the Warner Fire Station and
Huntington Harbour Marine Facility prepared by the architectural firm of Tom and
Truskier.
The Director of Harbors, Beaches and Development, addressed Council and displayed ,a.
drawing of the facility VW Council's information.
On motion by Gibbs, Council approved the preliminary architectural design of the .Warner
Fire Station and Marine Facility prepared by the architectural firm ofTom and Truskier.
The motion was passed by.the following vote:`
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green., Caen, Duke, Matney
NOES. Councilmen: None
ABSENT: Councilmen: None
Page #8 - Council minutes - 10/1/73
REQUEST FOR STUDENT REAPPOINTMENT - ENVIRONMENTAL COUNCIL - ANDY STUDDERT - APPROVED
The City Clerk presented a communication from the Chairman of the Environmental
Council requesting that Council formally approve the reappointment of Andy Studdert,
Edison High School, to the Huntington Beach Environmental Council.
On motion by Shipley, Council formally approved the reappointment of Andy Studdert,
Edison High School, to a term on the Huntington Beach Environmental Council to
expire September 30, 1974. The motion was passed by the following vote:
AYES. Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ENVIRONMENTAL COUNCIL REPORT - SUBSCRIPTION BUS LINE SERVICE - COMBUS
Mrs. Harriett Wieder, 16261 Tisbury Circle, City, President of the Huntington Beach
Environmental Council, reported that pursuant to Council request at the meeting of
August 20, 1973, the Environmental Council had conducted a study of the Southern
California Rapid Transit District policy position which opposes private subscription
bus service in Southern California. She reported on the effects of subscription
service in the City, and informed Council that it was their recommendation.that
the City Council go on record in support of the application for extended service
submitted by COMBUS to the Public Utilities Commission.
On motion by Green, Council went on record in support of the application for extended
service submitted by COMBUS to the Public Utilities Commission, and directed that a
copy of this action be transmitted to the Public Utilities Commission. 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 ADOPTION
ORDINANCE'NO 1869 - DEFERRED — LICENSING OF HORSES & OTHER EQUINE ANIMALS
The Clerk presented Ordinance No. 1869 for a second reading by title - "AN ORDINANCE
OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
ADDING THERETO ARTICLE 428 PERTAINING TO LICENSING OF HORSES AND OTHER EQUINE
ANIMALS."
Mayor Matney stated that it was the recommendation of the City Administrator that
Ordinance No. 1869 be deferred to January 7, 1974, at which time a comprehensive
report and recommendations on the matter would be presented by staff.
ORDINANCES ADOPTED
On motion by Green, Council directed the City Clerk to read Ordinance No. 1870 by titlex
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
ORD NO 1870 - ADOPTED - 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:"
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Page #9 - Council Minutes - 10/1/73
ORD NO 1871 - ADOPTED - ZONE CASE NO 73-15
"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)."
ORD NO 1872 - ADOPTED - 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"."
ORDINANCES FOR INTRODUCTION
Mayor Matney requested that Ordinance No. 1873 pertaining to fireworks and Ordinance
No: 1865 pertaining to appeals be withheld for separate discussion.
On.motion by Bartlett, Council directed the City Clerk to read Ordinance Nos. 1874,
1875, 1876 and 1877 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 .1874 - FIRST READING.- ZONE CASE NO 73-16
"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 SOUTHWEST CORNER OF BEACH BOULEVARD AND TALBERT AVENUE .(ZONE CASE NO.
73-16):"
ORD NO 1.875 - FIRST READING - ESTABLISHES 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 1876 - FIRST READING - ZONE CASE NO 73-20
"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 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 APPROXIMATELY 900 FEET SOUTH OF ELLIS AVENUE (ZONE CASE NO. 73-20)."
ORD NO 1877 - FIRST READING- AMENDS CODE - ADDS SECTION 1729 - SALES & USE TAX
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTIONS 1722.3, 1722.4 AND 1726; AND ADDING SECTION 1729 PERTAINING
TO SALES AND USE TAX.,`
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Page #10 - Council Minutes - 10/1/73
ORD NO 1865 - DEFERRED - AMENDS CODE PERTAINING TO APPEAL PROCEDURES
The City Clerk presented Ordinance No. 1865 for a first reading by title - "AN ORDINANCE
OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
AMENDING SECTIONS 981.5.1.2, 9815.2, 9815.4.2, 9815.5 AND 9881 PERTAINING TO APPEAL
PROCEDURES."
Following discussion regarding the provisions of Ordinance No. 1865, the Mayor
directed that it be deleted from the Agenda, referred same to the City Attorney's
Office for revision and directed that it be presented to Council at the October 15,
1973 meeting.
ORD NO 1873 - REFERRED - SALE AND DISCHARGE OF FIREWORKS
The City Clerk presented Ordinance No. 1873 pertaining to the discharge and sale of
fireworks in the City, for consideration by Council.
Mrs. Bobbie Shepard, 6712 Country Circle, City, representing the Junior Woman's Club,
addressed Council regarding the organization's recommendations relative to the
proposed ordinance.
Fire Captain Gerspach, addressed Council regarding the Fire Department's recommen
dation.that the sale of safe and sane fireworks be made illegal, stated that he
concurred with the recommendation of the Junior Woman's Club that 16 years be
established as the minimum age for purchase or that possibly an 18 year age limit be
established, if Council concurred.
Mrs. Lorraine Faber, 15271 Nottingham Lane, City, addressed Council regarding the
matter and presented recommendations to reduce the hazards involved.
The City Attorney informed Council of the necessity to make revisions in the proposed
ordinance and recommended that no action be taken by Council at this time.
The City Administrator advised Council of Mrs. Shepard's recommendation that the
proposed ordinance be discussed with various civic and homeowner's groups in the City
to gather input in the matter.
Councilman Green suggested that groups and.organizatibns in the City give consideration
to establishing alternate events and activities.
Following discussion, the Council recommended that the age guideline be set at 16 years,
and that the proposed ordinance would be presented to Council at the time the Junior
Women's Club formulates their information on the; matter.
STATUS REPORT - HUNTINGTON BEACH MUSIC MAN BAND - RECEIVED & FILED - CA 73-113
The City Clerk presented a communication from the City.Administrator on the status of
the request from the Huntington Beach Music Man Band for City recognition and bus
service, pursuant to Council direction at the September 17, 1973 Meeting.
The City Administrator informed Council that a meeting between Mr. Douglas Thompson,
Band Director, the Huntington Beach Union High School District and the Allied Arts
Commission is to be held, and that following the meeting., a report will be transmitted
to Council which will include the recommendations of the two groups.
Page #11 -,Council Minutes - 10/1/73
Mayor Matney directed that the communication from the City Administrator relative to
the status of the Music Man Band be received and filed.
REPORT - RECREATIONAL TRAILS - PHASE I APPROVED - ORDINANCE TO BE PREPARED
The City Clerk presented a report entitled Recreational Trails - Phase 1, compiled by
the Planning Department, Department of Public Works, Recreation and Parks Department .
and the Recreational Trails Committee of the Environmental Council. Also submitted
was a resolution of the Orange County Board of Supervisors authorizing matching fund
payments to the City.
Mr. Ed Selich, Senior Planner, presented a resume' of the Recreational Trails - Phase I
Report together with related slides outlining the trails system.
Mrs. Margaret Carlberg, Secretary of the Environmental Council, addressed Council
regarding the report.
On motion by Shipley, Council.accepted the Recreational Trails, Phase I report and
directed the City Attorney to prepare an ordinance establishing bicycle lanes and
regulations in accordance with Section 21207 of the California Vehicle Code. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
PETITION - LITERATURE PROTEST - RECEIVED & FILED - CITY ATTORNEY TO RESEARCH FURTHER
The City Clerk presented an informal petition filed by Patricia A. Smith, listing over.
800 signatures protesting the sale of pornographic magazines and literature in certain
stores in the City.
Mayor Matney stated that this matter was being researched by the City Attorney to.
determine the jurisdiction of local government in this area.
On motion by Bartlett, Council directed that the informal petition protesting the sale
of pornographic magazines and literature in certain stores in the City be received
and filed and directed the City Attorney to prepare a report relating.to the Stbte.Code
on the subject. The motion was passed by the following vote:
AYES: Councilmen -.Shipley, Bartlett, Gibbs, Green, Coen, fluke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
MEMORANDUM OF NOTIFICATION ORANGE COUNTY PLANNING COMMISSION
The City Clerk presented a Memorandum from Forest Dickason, County Planning Director;,
notifying the City that a public hearing will be held on proposals to amend the L &W
Use Element of the Orange County General Plan, as mended, on October 2, 1973.bt
the Murdy Community Center.
The Planning Director displayed a drawing of the proposed plan for Council's information.
As this was an item for Council information only.. no action was taken..
129
Page W12 - Council Minutes - 10/l/73
PETITION FOR RECONSIDERATION - USE PERMIT 73-32 & COND EXCEPTION 73--23 - MOTION TO.
RECONSIDER PASSED
The City Clerk presented a petition for reconsideration filed by Barnes, Scag,
Johnson and Kennedy, Attorneys at Law, representing Shelter Industries, Inc., to
the denial by Council on September 17, 1973 of Use Permit No. 73-32 and Conditional.
Exception No. 73-23, to permit the construction of a 296 unit apartment complex in
an R3 zone, on property located approximately 190 feet southwest of the intersection
of Newland Street and Edinger Avenue.
A motion was made by Councilman Green to reconsider the action taken by Council on
September 17, 1973, denying Use Permit No. 73-32 and Conditional Exception No. 73-23,
and that decision on the matter be continued to the November 5, 1973 meeting. The
motion was passed by the following vote:
AYES. Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
EXTENSION OF TIME REQUESTED - TENTATIVE TRACT 7805 - STELLRECHT - AGREEMENT TO BE
PREPARED
The City Clerk presented a communication from Valley Consultants, Inc., representing
Robert Stellrecht, requesting a one year extension of time on Tentative Tract No. 7805,
approved by Council on September 25, 1972. The Final Tract was approved by Council
on May 21, 1973.
The City Attorney recommended that Council grant the extension on condition that the
developer enter into a written agreement with the City stating that he will comply
with the recommendations of the Planning Director, whereby the previous conditions
would once again be imposed, an Environmental Impact Report would be required and
that the new standards for Recreation and Parks Fees be applied.
A motion was made by Councilman Shipley to approve the recommendation of the City
Attorney and grant a one year extension of time upon execution of a written agreement
between the City and the developer of Tentative Tract 7805 stating that he will
comply with the recommendations of the Planning Director, whereby the previous
conditions would once again be imposed, an.Environmental Impact Report would be
required and that the new standards for Recreation and Parks fees b4a applied. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
REPORT - WATER WELL & TOWER AT LOS PATOS DRIVE - CA.73-108)
The City Administrator presented a report on the historical significance of the water
well and tower at Los Patos Drive which had been studied by the Historical Society
pursuant to Council direction of August 6, 1973.
Discussion was held between the Council, City Administrator and Acting Director of
Public Works, however, no action was taken by'Council on the matter,
130
Page #13 - Council Minutes - 10/1/73
CONTINUATION OF WATER MONITORING PROGRAM BY HARBORS,_ BEACHES & DEV DEPT.- APPROVED
Councilman Green reported on a meeting that he and Councilman Duke had attended with
the various agencies involved in water pollution problems, as requested by Council
on September 4, 1973.
A motion was made by Councilman Green that Council support the continuation of the
water monitoring program conducted by the Department of Harbors, Beaches and Development,
for a one year period and that it be approved'in the budget. The motion was passed by
the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen:. None
ABSENT: Councilmen: None
"T ORDINANCE TO BE PREPARED - ZONE CHANGES
On motion by Green, Council directed the City Attorney to prepare what is known as a
"Q" ordinance, which would permit conditions to be placed on a zone change. The motion
was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES. Councilmen: None
ABSENT: Councilmen: None
CONSERVATION OF POWER URGE)
Councilman Green
stated
that
in view of
the fuel shortage he hoped that the City would
explore ways to
reduce
power
consumption
including the outdoor displays.
CITY OF PETALUMA GROWTH PLAN
Councilwoman Gibbs spoke regarding Item P-4 on the Agenda relative to the plan for city
growth adopted by the City of Petaluma, as submitted by the Director of BuAlding and
Community Development.
Discussion was held by the Council, however, no action on the matter was taken.
SELBY CASE - CITY ATTORNEY TO REPORT
Councilwoman Gibbs spoke regarding the Selby Case on.which a decision had just been
reached, wherein the Courts stated that a General Plan for Street Development did not
constitute inverse condemnation.
The City Attorney agreed that it could be of great benefit to the City and that he
would report further to Council on the matter.
ITEMS RECEIVED AND FILED BY THE CITY COUNCIL
P-1. Communication from State of California regarding Orange Coast Transportation
Study.
P-2. Communication from Supervisor David,. Baker enclosing copy of Board of Super-
visors Resolution committing $350,000 additional funds for purchase of Meadowlark
Golf Course.
P-3. Resolution of Board of Supervisors requesting the Legislature to consider
increasing appropriations to facilitate a higher degree of: enforcement of motor
vehicle noise laws.
131
Page #14 - Council Minutes - 10/1/73
P-4. Communication from City of Petaluma, Mayor explaining City of Petaluma adoption of
a plan for orderly, non -chaotic growth of their city.
P-5. Monthly Report, August, Fire Department.
P-6. Communication from James D. Driscoll, Chief Clerk, State of California, enclosing
Assembly Concurrent Resolution #36 relative to the appointment of women to boards,
commissions, committees and councils which have been adopted by the Legislature.
ADJOURNMENT
On motion by Bartlett, the regular meeting of the City Council of the City of
Huntington Beach adjourned at 10:30 P.M., to Monday, October 15, 1973 at 5:30 P.M.,
in the Administrative Annex. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ATTEST:
i a M. Wentworth
City Clerk
4 2 � z - 1;
` -,. � �'- -�� � City Clerk and ex-Wofficio Cl- k ""`
of the City Council of the City
of Huntington Beach, California
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