HomeMy WebLinkAbout1973-10-15MINUTES
Administrative Annex, Civic Center
Huntington Beach, California
Monday, October 15, 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: Bartlett, Gibbs, Green, Coen, Duke, Matney
Shipley - (arrived at 5:45 P.M.)
Councilmen Absent: Bone
REVIEW OF CONDITIONS - ADMINISTRATIVE REVIEW 72-93 - SO CALIF £DISON CO
Discussion was held by the Council regarding the changes contained in the copies of
the Revised Conditions of Approval of Administrative Review No. 72-93, Southern
California Edison Company.
The Council directed that the words "as declared by the highest executive officer of
the appropriate jurisdiction" be inserted following the word "emergency" in Section
D-3 of the Revised Conditions of Approval.
The revision of III A 1. was directed to be incorporated in the Revised Conditions
of Approval, as follows: "Once each year, a review of the effectiveness of emission
control equipment of the facility will be made, and the City retains jurisdiction to
require Southern California Edison to provide scrubbers or electrostatic precipitators,
or the best available control technology as approved by the U. S. Environmental
Protection Agency, to the maximum extent practicable."
The Council directed that the following words be added following the word "City" in
Section II-1: "subject to compliance with Environmental Protection Agency, if
required."
A new section, entitled I--13 was directed to be included in the Revised Conditions
of Approval, as follows: "Copies of all applicable construction permits from Federal,
State or other local agencies required prior to issuance of building permit shall be
filed with the City."
EXECUTIVE SESSION CALLED
Mayor Matney called an Executive Session of the Council to discuss pending litigation
and personnel matters.
RECESS
The Mayor called a recess of the Council.
133
Page f2 -- Council Minutes - 10/15/73
RECONVENE
The meeting was reconvened by the Mayor.
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, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ATTEST:
Alicia M. Wentworth
City Clerk
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
erry A. Matney
Mayor
134
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, October 15, 1973
Mayor Matney called the regular meeting of the City Council of the City of Huntington
Beach to order at 7:00 R.M.
The Pledge of Allegiance was given by all present in the Council Chamber.
The Invocation was given by Reverend Marvin Mock - First Christian Church.
ROLL CALL
Councilmen Present:.. Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
Councilmen Absent: None
PROCLAMATION_- "TOASTMISTRESS MONTH - OCTOBE_R, 1973
Mayor Matney introduced Mrs. Sharon Bainbridge and Mrs..Ellen Landsman, members of
the Toastmistress Club, and presented them with a proclamation designating the.
month of October, 1973 as "Toastmistress Month" in the City. The Toastmistress members
extended an invitation to attend their Toastmistress meeting to be held October 24,
1973 in the Mercury Savings and Loan Building, Huntington Beach.
PROCLAMATION - "AMERICAN EDUCATION WEEK".- OCTOBER 21-27, 1973
The Mayor presented a proclamation to Mr. Glen Dysinger, Administrative Assistant to
the Superintendent of Schools, designating the week of October 21-27 as "American
Education Week" in the.City.
LEAGUE OF WOMEN VOTERS ENDORSEMENT - PROPOSED CITY CHARTER AMENDMENTS
Mrs. Ruth Finley, President of the League of Women Voters, Huntington Beach, addressed
Council and .informed them that the League had unanimously taken the position to
support the proposed Charter Amendmentspertaining to appointment of the City Attorney,
City Clerk and City. Treasurer which will be submitted to the voters at the Special
Municipal Election to be held on. November 6, 1973.
INVITATION - EDISON HIGH SCHOOL DRILL TEAM FUND RAISING EVENT
Mrs. Loyce.Carringto.n addressed Council and extended an invitation to attend,a
Celebrity Night Fund Raising Event to be held October 20, 1973 at the Sheraton Teach
Inn to help finance the Edison High School Drill Team which has been invited to join.
the Western Drill Team in a tour of the Soviet Union over the Thanksgiving holidays.
135
Page #2 - Council Minutes - 10/15/73
CONSENT CALENDAR -(ITEMS APPROVED)
On motion by Bartlett, 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 October 1
1973and the regular meeting of October 1, 1973, as written and on file in the
office of. the City Clerk,
DEDICATEDIMPROVEMENTS - TRACT NO 7313 - SUNBEAM HOMES INC - Accepted improvements
dedicated for public use in Tract No. 7313 - located south of Yorktown Avenue and
east of Bushard Street; authorized the release of the Faithful Performance portion
of the Improvement Bond only, 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.
JOINT POWERS AGREEMENT - HUNTINGTON BEACH -SEAL BEACH -FOUNTAIN VALLEY-WESTMINSTER -
Approved.a oint Powers Agreement between the City and the cities of ountai-n a ey,
Seal Beach, and Westminster Fire Net Six - for a system for first alarm response
for fire and rescue services, and authorized the Mayor and City Clerk to execute
same on behalf of the City.
CLAIM:NO 73-65 - KENNETH JOHNSON - DENIED - Denied Claim No. 73-65.filed by Kenneth
Johnson for alleged damages incurred on or about July 7, 1973 in the vicinity of
Pacific Coast Highway, approximately III miles north of Goldenwest Street.
CLAIM NO 73-66 - JOHN K HERING - DENIED - Denied Claim No. 73-66 filed by John K.
Hering for alleged damages to garage by a City vehicle on or about September 27,
1973, in the vicinity of 9382.Velardo Drive.
CLAIM NO 73-67 - MRS D H SUTIS - DENIED - Denied Claim No. 73-67 filed by Mrs. D. H.
Sutis. or alleged amages to. awn at 6 82 Jardines, City, by City crew spraying weeds
in Flood Control Channel, on or about August 13, 1973,
UAIM NO 73-68 - IRVINE RANCH WATER DISTRICT DENIED -. Denied Claim No. 73-68
filed by Kalmbach, DeMarco, Knapp & —Chillingworth, Attorneys, on behalf of Irvine
Ranch Water District, for alleged failure of City to make the payments required by
the terms.of Reservoir Lease Agreement dated August 7, 1963.
SANITARY SEWERS & WATER MAINS - Approved plans and specifications for the construction
of sanitary sewers an3 water mains within Assessment District No. 72-01 (Sunset
Heights) subject to approval of the Environmental Impact Report prior to award of
contract - Coastal Commission permit is subject to approval of.plans and specifications.
I1
136
Page #3 - Council Minutes 10/15/73
T. C. SALE NO 1167 - COUNTY OF ORANGE - Objected to Tax Collector's Sale #1167.,
authorized the Mayor and City MR to ,execute an agreement to purchase 41 parcels
of property, each for a purchase price of $500 for a total amount of $20,500,
pursuant to provisions of Division 1, Part 6, Chapter 8, Article 2 of the Revenue
and Taxation Code, State of California; agreed to guarantee expenses of purchase and..
sale as set forth in Section 3793.6 of said code; and directed the Finance Director
to draw a warrant for the required amount when billed by the County.
FINAL TRACT MAP NO 8307 - ALL OF TENTATIVE TRACT 8307 - JAMES MONTGOMERY - Accepted
the offer o dedication and improvement as shown on Final Tract Map o. $307, ail of
Tentative Tract No. 8307, located on the west side of Sims Street from Warner Avenue
to 660 feet north, examined and certified by the 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: 2.500
acres; Lots: 10; Developer: James Montgomery, 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 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, 8307 on June 5, 1974. Adopted Exemption Declaration No. 7350,
based upon the mitigating measures of the Environmental Review Board.
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,
MAN IN WASHINGTON.AGREEMENT - Approved an Agreement between the City and the cities
of Anaheim, Garden Grove, Santa Ana and Huntington Beach to employ a legislative
representative to represent said parties before the Congress and other federal
agencies, and authorized the Mayor and City Clerk to execute same on behalf.of the City.
RELEASE - LABOR & MATERIAL BOND NO 268836A - TRACT NO 7010 - Authorized the release of
Labor and MateriaT-bond No. 268836A-U r Tract No. 7010 - P.B.S. Corporation, as the
six month hold period had been satisfied and directed the City Clerk to notify the.
developer and Treasurer to notify the bonding company of the action.
MAGNOLIA STREET IMPROVEMENTS - CC-206 - PROJECT TO BE READVERTISED - BIDS REJECTED
The City Clerk read a communication from the Public Works Department stating that bids
for Project CC-206 - construction and improvement of Magnolia Street from Hamilton
Avenue to Pacific Coast Highway, including highway construction, and for the highway
construction of a portion of Brookhurst Street, north of Hamilton Avenue, had been
opened at 16:00 A.M., on Monday, October 15, 1973, in.the Council Chamber by the City
Clerk, City Attorney and theiActing Director of Public Works, however, due to a
typographical error in a bid quantity, a true comparison in the total -bid could not.
be made. It was the recommendation of the Acting Director of Public Works and the
City Attorney, that Council officially reject all bids and.authorize readvertising,
and that the City Clerk be directed to publish the Notice Inviting Sealed Bids.
137
Page #4 - Council Minutes - 10/15/73
A motion was made by Councilman Green, to approve the recommendation of the Acting
Director of Public Works and City Attorney, and reject all bids for Project CC-206,
Magnolia Street Improvements, and directed the City Clerk to readvertise for bids.
The motion was passed by the following vote:
AYES. Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
SALE OF SURPLUS REAL PROPERTY - PARCEL l - BID REJECTED - PARCEL 2 - NO BIDS
The City Clerk informed Council that a bid in the amount of $120,000 had been
received from Mr. Monte Silverberg, Belmont Carpets Santa Ana, California, on
Parcel l of the following parcels of real property declared surplus pursuant to
Division 3, Chapter 5, Article 1, California Government Code (Sections 37350
et seq.) Environmental Impact Reports on said parcels adopted by Council on October 1,
1973.
Parcel 1 - East 100 ft. of Lot 1 - Tract 4064 - S/S Edinger Avenue,
317 ft. E/o Gothard Street - Declared surplus by Res. No.
.3683 - Estimated value - $152,460.
Parcel 2 Lots 1-9 inclusive - Block 813 of HB Tract - Wesley Park
Section - Located intersection Main & 14 Streets. Declared
surplus by Res. No. 3697 - Estimated value - $64,000.
The City Administrator stated that no bids had been received on Parcel 2. He
reported on Parcel No. 1 on which a bid had been received.
A motion was made by Councilman Green to reject the bid of $120,000 received on
Parcel I and direct that the parcel be readvertised.
The motion made by Councilman Green was withdrawn.
On motion by Green, Council rejected the bid received on Parcel 1, from Mr. Monte
Silverberg, in the amount of $120,000 and directed that subject parcel not be
readvertised at this time. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney.
NOES: Councilmen: None
ABSENT: Councilmen: None
Mayor Matney stated that as no bids had been received on Parcel 2, no action would
be taken at this time, however, the City Administrator was authorized to readvertise
the parcel at a time when he believes it would be most advantageous to the City.
PUBLIC HEARING - APPEAL ADMINISTRATIVE REVIEW #72-93 - SO CALIF EDISON CO - APPROVED
Mayor Matney announced that this was the day and hour set for a.public hearing on an
appeal filed by Southern California Edison Company from the denial by the Planning
Commission of Administrative Review 72-93, to permit the construction, operation and
maintenance of six combined cycle generating units at Southern California Edison's
generating station pursuant to S. 9551 of the Huntington Beach Ordinance Code, on
property locatedon the -northerly side of Pacific Coast Highway between Newland Street
and.Brookhurst Street.
13S
Page #5.- Council Minutes - 10/15/73.
The City Clerk informed Council that all legal requirements for notification, publication
and.posting had been met, and that she had received numerous communications for and
against Administrative Review #72-93.
Mayor Matney declared the hearing.open.
Mr. Robert Beck, Division Manager,.Orange County Division of the Southern California
Edison Company, addressed Council and spoke at length regarding the reasons why their
company believes that Administrative Review #72-93 should be approved.
Mr. Paul Richardson, District Manager of Southern California Edison Company, addressed
Council regarding the history leading to the deliberations of this hearing. He.spoke
concerning the company's position on the matter and stated that he had been authorized
to advise the City Council that the Southern California Edison Company will not object
to any of the conditions imposed by the City as presently provided to Council.
Mayor George.Scott, City of Fountain Valley, addressed the Council and gave reasons
why the Fountain Valley City Council was in favor of the proposed project.
Mr. Jerry Bame, President of the Huntington Beach Chamber of Commerce, addressed Council
and read.Resolution 1973-6A which the Board of Directors had adopted in support of the
proposed expansion.
Mrs. Daryl Ellwart, Manager of the Cypress Chamber of Commerce, addressed Council in
favor of the project.
Mrs. Alice Frankowitz, member of the Cypress City Council, addressed Council in support
of Edison Company request.
Mr. Richard Grundy, Administrator, Huntington Intercommunity hospital, City, addressed
Council and urged approval.of the project.
Mr. George Lusk, developer, addressed Council and presented .reasons why he was in
favor of the ..proposed expansion.
Mr. Don Williams, Vice -President of Rockwell International Corporation, Fullerton,
addressed Council in support of the project.
Mr. Don Seitz, representing the Orange County Chamber of Commerce, addressed Council
and stated reasons for his organization's support of the project.
Mr. Michael Kelly, Orange County Labor Council Representative, Electrical Union,
addressed Council and gave reasons for their.organization's support of the project.
Mr. Ed Hirth, Director of Personnel, Trane Home Comfort Center, Fullerton, addressed
Council in support of the expansion.
Mrs. Peggy Freeman, Huntington Beach resident, addressed Council and gave reasons why
she believed, the project should be approved.
Mr. Larry Curran,.8131 Wadebridge Circle, City, President of the Concerned Citizens
Council, addressed Council and presented reasons in favor of the Edison expansion.
Mr. Dave Goldberg, member of Carpenter's Local 1453, City, addressed Council regarding
the reasons.his organization supported the project.
139
Page #6 - Council Minutes - 10/15/73
Mr. Charles Palmer, Deputy Superintendent, Huntington Beach City School District,
addressed Council and presented reasons in support of the Edison expansion.
Mr. Stephen Brown, representing the Orange County Chapter of the Electrical
Contractors union, addressed Council regarding his organization's support of the
project.
The Mayor stated that the portion of the meeting hearing the proponents of the
issue was concluded and at this time those in opposition would be heard.
Mr. Verlyn N. Jensen, Attorney, 1200 N. Main Street, Santa Ana, representing the
Environmental Coalition of Orange County, Inc., addressed Council regarding the
communication which he had just submitted. The Mayor directed-that.said communication
be received and filed.
Mr. Dean Hadley, Huntington Beach resident, addressed Council and presented reasons
why he was opposed to the project.
Mr. Verlyn Marth, 3197 Cape Veda Place, Costa Mesa, Addressed Council and gave
reasons why he was opposed to the Edison expansion.
Mr. Edwardo De Silva, Huntington Beach resident, addressed Council and presented
reasons for opposing the project.
Mr. Charles Griffin, 208 Opal, Balboa Island,. McDonnell Douglas, Long Beach,
addressed Council in opposition to the project.
Mr. Donald McKinney, 21961 Kiowa Lane, City, addressed Council in opposition to the
Edison expansion.
Miss Christine Keeney, 16781 Bayview, Sunset Beach, addressed Council and presented
reasons why she was opposed to approval of the project.
Mr. Mort Shea, 9121 Kapaa Lane, City, addressed Council in opposition to the project.
Mr. Andy Studdert, member of the Huntington Beach Environmental Council and Edison
High School Student representative, addressed Council and presented reasons for
opposing the project.
Mrs. Grace Poague, 9052 Christine Drive, City, addressed Council and stated her
opposition to the location of the proposed plant expansion.
Mr: Ed Stasenbach, 9021 Bobbie Circle, City, addressed Council and gave reasons why
he opposed the project.
Mrs. Ruth Finley, President of the League of Women Voters of Huntington Beach,
addressed Council regarding the organization's opposition to the proposed expansion.
Mr. Jim DeBooth, 125 16th Street, City, addressed Council and gave reasons why.
he was opposed to the project.
Mrs. Frances Zohlman, 10302 Kukui Drive, City, addressed Council and urged denial
of the project.
I1
1
140
Page #7 -'Council Minutes-.10/15/73
Mr. Charles Griffin, McDonnell Douglas, again addressed Council concerning alternate
approaches to the situation.
Mr. Eduardo De Silva, again addressed Council in opposition to the matter.
Mr. David Vogel, 4302 Pickwick Circle, City, addressed Council and presented reasons
for opposing the Edison expansion.
Mr. Charles Peaslee, 9152 Mahalo Lane, City, addressed Council and stated his opposition
to the project. a
Mrs. Sue Tartalus, Huntington Beach resident, addressed Council regarding her opposition
to the proposed expansion.
Mrs. Charlotte Gill, 9131 Mahalo Drive, City, addressed Council in opposition to the
matter.
There being no one further present to speak on the matter and there being no further
protests filed, either oral or written, the hearing was closed by the Mayor.
A motion was made by Councilwoman Gibbs, to accept the decision of the Planning
Commission and deny Administrative Review No. 72-93.
In response to a question by Councilman Coen, Mr. Charles Griffin, McDonnell Douglas,
addressed Council regarding laser driven fusion, and Mr: Robert Beck, Division Manager,
Orange County Division of the Edison Company also spoke on the matter.
Discussion was held between the Council and City Attorney relative to the legal
ramifications of the matter.
Mr. Edward Camarena, Engineering Associate, Air Pollution Control District of Orange
County, addressed Council and answered questions regarding air pollution statistics.
Mr. Paul Richardson, District Manager, Southern California Edison Company, addressed
Council regarding the landscaping of the plant at present and as it would be following
the proposed expansion. He then requested that Mr. Jim DuBois, Southern California
Edison Company, address Council and comment on Councilman Bartlett's .question relative
to noise factors.
Mr. Robert Beck then spoke regarding the pollution emissions.
Discussion was held by Council.
The motion made by Councilwoman Gibbs, was then withdrawn.
On motion by Gibbs, Council adopted the EnvironmentalImpact Report on the Huntington
Beach Generating Units 6-11 Southern California Edison Company. The motion was passed
by the following vote:
AYES: Councilmen: Shipley,.Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES. Councilmen: None
ABSENT: Councilmen: None
141
Page #8 - Council Minutes - 10/15/73
A.vote was then taken on the motion made by Councilwoman Gibbs, to approve the
decision of the Planning Commission and deny Administrative Review No. 72-93, and
failed to pass by the following roll call vote:
AYES: Councilmen: Gibbs, Duke
NOES: Councilmen: Shipley, Bartlett, Green, Coen, Matney
ABSENT: Councilmen: None
Councilman Coen moved, based on the environmental data, the various documentation
before Council, and the evidence heard Vnight, that Council overrule the action of
the Planning Commission and approve the Edison project, Administrative Review
Number 72-93; and, made further Council finding that there will be substantial
adverse impact on the environment primarily in the form of decreased air quality
caused by fossil fuel consumption; however, Council made further finding that any
adverse impact will be outweighed by substantial benefits to the community through
the necessity of expansion of electrical energy sources to meet the needs of the
community and Council made further finding that the adverse impact will be mitigated
by imposition of the conditions as amended by Council and attached to Administrative
Review 72-93, and Council approved the project subject to the conditions, as amended
by Council, attached to Administrative Review 72-93. The motion was passed by the
following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, Matney
NOES: Councilmen:, Gibbs, Duke
ABSENT: Councilmen: None
PUBLIC HEARING.- APPLICATION - CERTIFICATE OF PUBLIC NEED & NECESSITY - DENIED
Mayor Matney announced that this was the day and hour set for a public hearing to
consider an application for a Certificate of Public Need and Necessity filed by
Costa Mesa Disposal Company, Costa Mesa, California, to operate a commercial refuse
collection business in the City pursuant to Section 3171.14.6 of the Huntington
Beach Ordinance Code.
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 the application for Certificate of Public Need and Necessity.
Mayor Matney declared the hearing open.
Mr. Marty King, representing the applicant, addressed Council and requested approval
of the application.
Mr. Stan T. Kaczyk; representing Rainbow Disposal Company, the City's refuse collector,
addressed Council regarding his company's position on the matter.
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 Bartlett to deny without prejudice the application
for a Certificate of Public Need and Necessity filed by Costa Mesa Disposal Company,
Costa Mesa, California, and was passed by the following vote:
AYES: Councilmen: Shipley,
NOES: Councilmen: None
ABSENT: Councilmen: None
Bartlett, Gibbs, Green, Coen., Duke, Matney
FJ
14 2>
Page t9 - Council Minutes - 10/15/73
1
The City Administrator was requested to prepare a report on the matter for presentation
at the November 5, 1973 meeting.
PUBLIC HEARING - ZONE CASE NO 73-18 - APPROVED - ORD NO 1878 - FIRST READING
Mayor Matney announced that. this was the day and hour set for a public hearing to consider
a petition for a change of zone on 7.91 acres of land from RA-0 Residential Agricultural
District, combined with oil production, to MIA -CD Restricted Manufacturing District -
Civic District, on property located at the northeast corner of Garfield Avenue and
Goldenwest Street.
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. 73-18, or to the recommendation of approval of the Planning Commission.
Mr. dames Palin, Senior Planner, presented a resume' of the Planning Commission's
reasons for recommendifig approval of Zone Case No. 73-18.
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.
A motion was made by Councilman Green to adopt Exemption Declaration No. 73-184 and
approve Zone Case No. 73-18.
Councilman Coen requested a division of the motion.
Councilman Green, withdrew his previous motion, and made a motion to adopt Exemption
Declaration No. 73-184. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
On motion by Green, Council approved Zone Case No. 73-18 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 Ordinance No. 1878 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 EAST SIDE OF GOLDENWEST STREET FROM NORTH OF GARFIELD AVENUE TO ERNEST
AVENUE (ZONE CASE NO. 73-18)."
On.motion by Green, Council waived further reading of Ordinance No. 1878 by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
143
Page #10 - Council Minutes - 10/15/73
PUBLIC HEARING - CODE AMENDMENT NO 73-20 - APPROVED AS AMENDED
Mayor Matney announced that this was the day and hour set for a public hearing on Code
Amendment No. 73-20, initiated by the City Planning Commission, the intent being to
amend S. 9511.2 (Uses Subject to Conditional Use Permit) to permit limited retail food
service in an Industrial District.
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. 73-20 or to the recommendation of approval as amended, by the
Planning Commission.
Mr. James Palin, Senior Planner, presented a resume' of the Planning Commission's
reasons for recommending approval as amended of said Code Amendment.
Mr. Charles Bushall, 18062 Clearwater Circle, City, addressed Council in favor of the
proposed code amendment.
The City Attorney spoke regarding the legal ramifications of the matter.
Discussion was held by Council on the proposed code amendment.
On motion by Green, Council approved Code Amendment No. 73-20, as amended by Council's
direction that food services be dispensed in enciosed restaurant, and directed the
City.Attorney to prepare an ordinance effecting same. The motion was passed by the
following vote:
AYES: Councilmen Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
COUNCILMAN HEMEON OF STANTON INTRODUCED
Mayor Matney welcomed visiting Councilman Dexter Hemeon of the City of Stanton to
the Council meeting.
CITY'S REPRESENTATIVE IN WASHINGTON INTRODUCED
In connection with Resolution No. 3778 scheduled for adoption on the Council Agenda,
the Mayor introduced Mr. Bill Morgan rwho in turn introduced his wife Julie, The
Mayor stated that Mr. Morgan has been employed by the cities of Anaheim, Garden Grove,
Santa Ana and Huntington Beach, to serve as -their Washington representative to
provide the cities with representation before Congress and executive and administrative
agencies of the Federal Government.
RESOLUTIONS ADOPTED
Resolution No. 3777 pertaining to fees for administrative processing of Environmental
Impact Reports and Exemption Declarations was withheld from the consent calendar for
separate discussion.
On motion by Bartlett, Council directed the City Clerk to read. Resolution Numbers 3776,
3778 and 3779 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
141
Page #11 - Council Minutes - 10/15/73
RES NO 3776 ADOPTED - AGRMT - STATE OF CALIF - STATE CENSUS
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF FINANCE OF THE STATE OF
CALIFORNIA PROVIDING FOR CERTIFICATION OF THE ESTIMATE OF POPULATION WITHIN THE CITY."
RES NO 3778 - ADOPTED -- MAN IN WASHINGTON AGREEMENT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AND
DIRECTING THE EXECUTION OF THE MAN IN WASHINGTON AGREEMENT BETWEEN THE CITIES OF
ANAHEIM, GARDEN GROVE, SANTA ANA AND HUNTINGTON BEACH AND THE LEAGUE OF CITIES -
CONFERENCE OF MAYORS, INC."
RES NO 3779 - ADOPTED - APPLICATION FOR OPERATIONAL PLANNING GRANT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY
ADMINISTRATOR TO FILE AN APPLICATION FOR AN OPERATIONAL PLANNING GRANT."
3777 - ADOPTED AS AMENDED - ESTAB FEES - ADMINISTRATIVE PROCESSING OF
The City Clerk presented Resolution No. 3777 for a reading by title - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING APPROPRIATE FEES FOR
ADMINISTRATIVE PROCESSING OF ENVIRONMENTAL IMPACT REPORTS AND EXEMPTION DECLARATIONS."
Councilman Green commented on the fact that the term "Exemption -Declaration" was not
appropriate and stated that he believed the term "Negative Declaration" should be
incorporated into the proposed resolution.
Following information introduced by Richard Harlow, Coordinator of Environmental Affairs,
the City Clerk was directed to read Resolution No. 3777-by title as amended by inserting
the words "and/or negative" after the word "exemption."
On motion by Bartlett, Council waived further reading of Resolution No. 3777 as amended,
and adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
COMMUNICATION -._ENVIRONMENTAL COUNCIL - FEDERAL AIR POLLUTION EMERGENCY EPISODE PLAN -
RECEIVED & FILED
The City Clerk presented a communication from Mr. Joe Milkovich, Chairman of the Air/
Water Committee of the Environmental Council regarding the City's role in implementing
the Federal Air Pollution Emergency Episode Plan.
Councilman Green commented on the fact that following adoption of the plan by the Air
Resources Board, cities will be requested to prepare their own plans for implementing
various levels. He requested that staff report on the procedure within the next month.
On motion by Green, Council directed that the communication from the Chairman of the
Air/Water Committee of the Environmental Council regarding the City's role in the
implementation of the Federal Air Pollution Emergency Episode Plan be received and filed.
The motion was passed by the following vote:
AYES:
NOES:
ABSENT:
Councilmen:
Councilmen:
Councilmen:
Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
None.
None
145
Page #12 - Council Minutes - 10/15/73
ORDINANCES FOR ADOPTION
Ordinance No. 1876 - Zone Case No. 73-20 was withheld from the consent calendar for
separate discussion.
On motion by Coen, Council directed the City Clerk to read Ordinance Numbers 1874,
1875 and 1877 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
ORD NO 1874 - ADOPTED - 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).1$
ORD NO 1875 - ADOPTED - 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 1877 - ADOPTED - 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."
ORD NO 1876 - ADOPTED - ZONE CASE NO 73-20
The City Clerk gave Ordinance No. 1876 a second 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 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)."
On motion by Coen, Council waived further reading of Ordinance No. 1876 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. 1876 by the following roll.call
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Duke, Matney
NOES: Councilmen: Coen
ABSENT: Councilmen: None
1
146
Page #13 - Council Minutes - 10/15/73
ORDINANCES FOR INTRODUCTION
On motion by Green, Council directed the City Clerk to read Ordinance Numbers 1865
and 1879 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 1865 - FIRST READING - AMENDS CODE PERTAINING TO APPEAL PROCEDURES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTIONS 9815.1.2, 9815.2, 9815.4.2, 9815.5 AND 9881 PERTAINING. TO
APPEAL PROCEDURES."
ORD NO 1879 FIRST READING - FIRE DEPARTMENT
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTION 1321 AND BY ADDING SECTION 1320 THERETO PERTAINING TO THE FIRE
DEPARTMENT.$$
REQUEST FOR RATE INCREASE - YELLOW CAB OF NEWPORT & COSTA MESA INC. - PUBLIC HEARING SET
The City Clerk presented an application from Yellow Cab of Newport and Costa Mesa, Inc.,
Costa Mesa, California,for increase in taxicab rates.
On motion by Green, Council directed that pursuant to Section 6821..1 of the Huntington
Beach Ordinance Code, a public hearing be scheduled for the meeting of November 5, 1973
on the application filed by Yellow Cab of Newport and Costa Mesa, for an increase in
taxicab rates. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen. None
HOLIDAY DECORATION LIGHTING
The City Administrator requested Council direction relative to plans for the seasonal
holiday lighting decorations in view of the energy shortage. The Administrator was
directed to proceed with the mounting of the seasonal decorations and if a sufficient
energy supply is available they could be illuminated.
DISPOSITION OF THE ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT
I
Mr. Warren Hall, City representative to the Orange County Mosquito.Abatement District,
requested Council direction relative to his voting position on the recommendations of
a study which had been made by the County Administrator's Office on the Orange County
Mosquito Abatement District and on the recommendations of the 1972 Grand Jury relative
to the District. He stated that it was recommended that the Board be continued with
the remaining vector control functions of the Health Department transferred to the
Mosquito Abatement District, that an Executive Committee of five members be created
and the number of meetings reduced to quarterly or semi-annually.
147
P,ige #14 - Council Minutes - 10/15/73
Following discussion, on motion by Green, Council authorized Mr. Warren Hall, City
representative to the Orange County Mosquito Abatement District, to use his owl
judgment in casting his vote at the Board meeting of the Orange County Mosquito
Abatement District. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Duke, Matney
NOES: Councilmen: Coen
ABSENT: Councilmen: None
RESOLUTION NO 3780 - ADOPTED - APPLICATION FOR GRANT - GOTHARD ST INDUSTRIAL AREA PROJECT
The City Clerk presented Resolution No. 3780 for a reading by t'itle - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING APPLICATION TO THE
ECONOMIC DEVELOPMENT ADMINISTRATION FOR A GRANT TO AID IN FINANCING THE GOTHARD
STREET INDUSTRIAL AREA PROJECT."
The City Administrator reported briefly on the proposed resolution.
Following a reading by.title of Resolution No. 3780 by the City Clerk, on motion by .
Green, Council 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
HOLD HARMLESS AGREEMENTS - BOOKMOBILE
On motion by Gibbs, Council authorized the City Administrator to enter into Hold
Harmless kinds of agreements with various shopping centers in connection with the
bookmobile subject to approval by the City's insurance carrier and the City Attorney's
Office. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: - None
ABSENT: Councilmen: None
BOOKMOBILE PURCHASE
A motion was made by Councilwoman Gibbs, that the City apply the insurance money from
the damaged City's fixed wing aircraft to the purchase of a library bookmobile. The
motion failed to pass by the following vote:
AYES: Councilmen:. Gibbs
NOES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney
ABSENT: Councilmen: None
Councilman Green requested that the City. Administrator study the possibility of.
replacing the library. bookmobile and report to Council.
PLAN FOR CONSERVATION OF ENERGY
A motion was made by Councilman Duke requesting that in addition to developing a
plan for energy conservation relative to City facilities, that staff be directed to
implement a plan for public education relative to methods of energy conservation. The
motion was passed by the following vote:
1
AYES:
1i0ES:
twT :
Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
Councilmen: None
Councilmen: None
Page #15 - Council Minutes - 10/15/73
APPOINTMENT OF BI-CENTENNIAL COMMITTEE
Mayor Matney announced that in addition to himself, he would like to announce the
appointment of the following persons to the Bi-Centennial Commission: Mark Hammaryuist,
George Rogers, Jerry Vaniman, Dale Dunn, Carole Wail, Dr. Art Townley, Joan Brick,
Brian Parkinson, Jack Wallace, Idelle Youngbloth, and William G. Reed (Staff).
REPRESENTATIVE TO 0. C. HOUSING AUTHORITY
On motion by Coen, Council directed that the name of Mr. Barry y... Williams, 20442
Ravenwood Lane, City, be submitted for consideration by the Board of Supervisors to fil)
the vacancy of Dr. Henry S. Kaufman, as the City's representative, on the Orange County
Housing Authority. The motion was passed by the following vot4:
AYES: Councilmen: Shipley, Bartlett, bibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
LIBRARY BOARD INTERVIEWS
On motion by Coen, Council directed the Library Board to ititerview applicants to the
Library Board and provide Council with the top two recommendations.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
CITY SPONSORSHIP OF HUNTINGTON BEACH MUSIC MAN BAND - APPROVED
A motion was made by Councilwoman Gibbs, to approve the recommendation of the Allied Arts
Commission that the Huntington Beach Music Man Band be given City sponsorship under the
Allied Arts Commission; working with the Recreation and Parks Department, for a one year
period to be re-evaluated yearly.
Mr. Doug Thompson, Director of the Huntington Beach Music Man Band, addressed Council
concerning City sponsorship of his band.
Following discussion the motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney.
NOES: Councilmen: None
ABSENT: Councilmen: None
CAMPAIGN EXPENDITURE LIMITATION - AGENDA ITEM FOR 11/5/73 MEETING
Councilman Bartlett suggested that Council institute a Council campaign expenditure
limitation of 10t per registered voter.
Following discussion, the City Clerk was directed to place this item on the Council Agenda
for the November 5, 1973 meeting.
REQUEST - HUNTINGTON BEACH MUSIC MAN BAND
Mr. Douglas Thompson, Director of the Huntington Beach Music Man Band, addressed Council
regarding his concern that in addition to representing the City, the band be permitted to
retain their Explorer Scout status and also that the hand be permitted to accept.gratuities
or donations for their services from outside sources, excluding other cities.
The Mayor informed Mr. Thompson that.this matter would be referred to the City Attorney's
Office for report and recommendation to Council.
,'age #16 - Council Minutes - 10/15/73 .
EDISON COMMUNITY PARK ADDITION - PLANS AND SPECIFICATIONS - APPROVED
On motion by Green, Council approved the plans and specifications for the is acre
addition to the Edison Community Park and authorized the City Clerk to advel,tise
for bids. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSEHI : Councilmen: None
ITEMS RE.C.4'IVED AND FILED BY THE CITY COUNCIL
P-1. Resolution - City of Seal Beach - Supports House Resolution 80 offered by
Assemblyman Robert H. Burke relative to deficit absorbed by local governments
between cost to operate public beach facilities and revenues derived therefrom.
P-2. Resolution - City of Anaheim - Endorses Proposition 1.
P-3. Resolution of Local Agency Formation Commission - Regarding Consulidation of
County Sanitation District Nos. 3 & 4.
P-4. Monthly Report - Oil Division - September, 1973.
P-5. Fourth of July Report - Public Information Officer.
P-6. Monthly Report - Harbors & Beaches Dept. - September, 1973
P--7. Ordinances - City of Tustin - Re: Prohibiting newstands ort public streets,
alleys, parkways and sidewalks.
INFORMAL MEETING CALLED
Mayor Matney called an informal meeting of the Council as a Committee-of--the-Whole for
Monday, October 29, 1973, at 5:30 P.M. in the Administrative Annex, to meet with the
Library Board.
ADJOURnMENT
On motion by Bartlett, the regular meeting of the City Council of the City of Huntington
Beach adjourned at 12:40 A.M., to Monday, November 5, 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:
Alicia M. Wentworth
City Clerk
Aar-
��
sty Clerk and ex-officio Cleric
of the City Council of the City
of Huntington Beach, California
.Jerry A. Matney
Mayor
1150