HomeMy WebLinkAbout1974-02-19MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, February 19, 1974
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 James DeLange, Faith, Lutheran Church.
ROLL CALL
Councilmen Present:
Councilmen Absent:
Bartleitt, Green, Coen, Duke, Matney
Shipley and. Gibbs - (arrived at 8:05 P.M.)
None
COI%ll"IMNDATIONS - MEMBERS - 1973 HB CHAPTERS OF 0 C JUNIOR ALL AMERICAN FOOTBALL
PROGRAM
Mayor Matney presented commendations to the following members of the 1973 Huntington
Beach Chapters of the Orange County Junior All American Football Program - the South
Huntington Beach Raiders - Junior Pee Wee Division, 1973 Columbia League champions who
were finalists in their division and earned second place honors in the County and
bested the performance records of 52 of the County's 53 other Junior. Pee Wee Division
teams: Keary Adamson, David Andrews, Jim Barone, Mike Boyd, Mike Brayton, Mitch
Brown, Craig Calentino, Mike Carpenter, 'Todd Christner, Ken Cook, Kip DiBernardo,
Mike DiBernardo, Mike Drake, Craig Dumity, Scott Engle, Mitre Garrity, Dave and Rick Geroux,'
Lonny Graham, Phil Hardin, Mike Head, Steve Justice, Scott King, John Knox, Chris Larson,
Chris McPherson, Kent Nolen, Dean Olsen, Mike Powell, Troy Seurer, Ronny Tassin, Marco
Taylor and natid Wooden. Head Coach Steve Noffsinger, Assistant Coaches, Fred Batson,
Don Mishmash, Chuck Graves, Team Manager, Frank Boyd and Team Coordinator, Gary Powell
were also present. The Head Coach informed the Council and audience of the efforts
which each bay had made toward their teams's achievement,
PROCLAMATION - YOUTH ART MONTH - MARCH,, 1974
Mayor Matney declared the month of March as "Youth Art Month" in the City and urged
all citizens to become interested and support and encourage art programs presented in
schools and youth organizations. Mayor Matney requested that this proclamation be
delivered to the Orange County Art Association.
CONSENT CALENDAR- (ITEMS REMOVED)
Councilman Duke requested that the item pertaining to the widening of Beach Boulevard
from Pacific Coast Highway to Adams Avenue be deleted from the Consent Calendar for
separate discussion. Mayor Matney suggested that the item pertaining to the Revised
Joint Powers Agreement --Orange County Manpower Commission by withheld for separate
discussion,
2/19/74
21,946
Page #2 - Council Minutes - 2/19/74
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Green, the following items were approved as recommended by the following
roll call vote:
AYES: Councilmen: Bartl.ett,..Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Gibbs
MINUTES - Approved and adopted minutes of the adjourned regular meeting of February 4,
1974 and the regular meeting of February 4, 1974, as written and on file in the Office
of the City Clerk.
FINAL TRACT MAP NO 8471 - ALL OF TENTATIVE TRACT 8471 - JOSEPH N SHAFFER - Accepted
the offer of dedication and improvement as shown on Final Tract Map No. 8471, all of
Tentative Tract No. 8471, located on the west side of Florida, 300 feet north of
Garfield Avenue, examined and certified by the Director of Public Works and the z
Secretary to the Planning Commission as being substantially in accordance with the
tentative map as filed, amended and approved by the Planning Commission. Acreage:
2.272; Lots: 9; Developer: Joseph N. Shaffer, Huntington Beach; adopted the reap
subject to standard conditions set forth by the Department of Public Works and the
Planning Commission in Resolution No. 3056, adopted October 20, 1969, with the
additional stipulations that Park and Recreation Fees shall be paid prior to recorda-
tion of the final map and that the final map shall be recorded prior to expiration
of Tentative Tract Map No. 8471 on December 18, 1974. Adopted Exemption Declara-
tion No. 73-90 granted by the Environmental Review Board on October 9, 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 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.
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CLAIM NO 74-13 - ROBERT JOHN TONG, JR - DENIED - Denied Claim No. 74-13 filed by
Victor M. Cox, Attorney at Law, on behalf of Robert John Long, Jr., for alleged
personal damages due to purported false imprisonment on or about November 5., 1973..
CLAIM NO 74-14 - BRIAN J O'LOUGHLIN - DENIED - Denied Claim No. 74-14 filed by
Brian J. O'Loughlin for alleged damage to automobile from a purportedly overturned
barricade in the vicinity of Beach Boulevard and Adams Avenue on or about Decembev 26,
1973.
f
LANDSCAPING - BEACH - PACIFIC COAST HIGHWAY TO ADAMS AVENUE - CC-227B - Approved
plans and specifications for the landscaping of Beach Boulevard from Pacific Coast
highway to Adams Avenue - CC-227B - Adopted Exemption Declaration No. 73-210, and
authorized the City Clerk to advertise for bids, when notified by the Department of
Public Works.
SANDBLASTING & INSTALLATION OF PAVEMENT MARKERS - CC-277 - Approved plans and specifi-
cations for sandblasting and installation of pavement markers on Brookhurst Street,
Garfield Avenue to Atlanta Avenue and authorized the City .Clerk to advertise for bids.
2/19/74
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Page #3 - Council Minutes - 2/19/74
CLAIM NO 74-15 - DUDLEY & JEANNE CAVANAUGH - DENIED - Denied Claim No. 74-15 filed by
Lawrence Brickley, Attorney at Law, on behalf of Dudley & Jeanne Cavanaugh, for alleged
personal damages incurred on or about November 5, 1973, in the vicinity of 1119
Sunflower Avenue, Costa Mesa.
WIDENING OF BEACH BOULEVARD - PACIFIC COAST HIGHWAY TO ADAMS AVENUE -- CC-227A
The City Clerk presented a transmittal from the Director of Public Works of plans and
specifications for the widening of Beach Boulevard from Pacific Coast Highway to
Adams Avenue. The Environmental Review Board granted an Exemption Declaration No.
73-210 for this project.
Councilman Duke requested clarification regarding the financing of the project and
the Director of Public Works reported on the matter.
On motion by Duke, Council approved plans and specification for the widening of
Beach Boulevard from Pacific Coast Highway to Adams Avenue - Project CC-227A, adopted -
Exemption Declaration No. 73-210 for the project and authorized the City Clerk to
advertise for bids. The motion was passed by the following vote:
AYES: Councilmen: Bartlett,
NOES: Councilmen: None
ABSENT: Councilmen: Shipley,
Green, Coen, Duke, Matney
G ibbs
v
u'1
REVISED JOINT POWERS AGREEMENT - 0 C MANPOWER COMMISSION
The City Clerk presented a communication from the County Administrative Office,
County of Orange, transmitting the revised Joint Powers Agreement between the County
of Orange and the cities of Huntington Beach, Santa Ana, Anaheim and Garden Grove for
the creation of a Manpower Coumi.ssion.
The City Administrator requested that this item be deferred as there were various
revisions to be finalized.
On motion by Green, Council deferred consideration of the revised Joint Powers
Agreement between the County of Orange and the Cities of Huntington Beach, Santa Ana,
Anaheim and Garden Grove for the creation of a Manpower Commission to the February 25,
1974 meeting. The motion was passed by the following vote:
AYES: Councilmen: Bartlett, Green, Coen, Duke, Matney
NOES: Councilmen: None .
ABSENT: Councilmen: Shipley, Gibbs f,
TRIMMING OF BRAZILIAN PEPPER TREES - JCC-281 - BID REJECTED
The City Clerk read a communication from the.Public Works Department stating that
bids for trimming, removal and disposal of trimmings and other vegetation from trees
growing in the parkways in the City of Huntington Beach, California - Project CC-281,
had been opened at 10:00 A.M., on Tuesday, February 19, 1974, in the Council Chamber,
by the City Clerk, Assistant City Attorney and the Director of Public Works, and that
Harold E. Simpson Co., Irwindale, California, was the sole and low bidder with a bid
amount of $19,483.87. The Director of Public Works recommended that due to receiving
only one bid, the bid be rejected and returned to the bidder. The bid submitted was
as follows:
Harold E. Simpson Co. Irwindale $19,483.87
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Page #4 - Council Chamber - 2/19/74
Discussion was held between the Council and Director of Public Works on the matter.
On motion by Duke, Council approved the recommendation of the Director of Public
Works and rejected the bid submitted by Harold E. Simpson, Co. Irwindale, California
for the trimming, removal and disposal of trimmings and other vegetation from trees
growing in the parkways in the City - Project CC-281, and directed that said bid be
returned to the bidder. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Gibbs V '.
PUBLIC HEARING - ORDINANCE NO 1900 - ADDS CHAPTER 41 ENTITLED "FIRE" - CON'T 3/4/74
PUBLIC HEARING - ORDINANCE NO 1901 - AMENDS SECTION 3432 - WATER RATES - CON'T 3/4/74
Mayor Matney announced that this was the day and hour set for public hearings on
proposed Ordinance No. 1900 and proposed Ordinance No. 1901 as follows:
Ordinance No. 1900 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTER 41 THEREOF, AND ADDING NEW
CHAPTER 41 ENTITLED "FIRE"."
Ordinance No. 1901 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 3432 PERTAINING TO WATER RATES."
The City Clerk informed Council that all legal requirements for publication and
posting of said hearings had been met and that she had received no communications
or written protests to the proposed ordinances.
Discussion was held regarding a request made by the Chamber of Commerce that copies
or ordinance scheduled for public hearing be made available to them at an earlier
date to allow them an opportunity to submit recommendations or comments to Council.
tl ,err
A motion was made by Councilman Green that all items requiring a public hearing and
all notices of ordinance proposals be sent to the Home Council and Chamber of Commerce
at least 10 days in advance and preferably in the Council packets at least one meeting
before the subject is to be considered. The motion was passed by the following vote:
AYES: Councilmen: Bartlett, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Gibbs
Mayor Matney declared the hearings open.
Discussion was held by Council regarding the possibility of continuing said hearings
to the next regular meeting. Councilman Green requested that staff present Council
with information as to the length of time the City was been providing water to large
customers at a rate less than it costs the City together with a list of such customers.
On motion by Duke, Council continued the public hearings on Proposed Ordinance No.
1900 and proposed Ordinance No. 1901 to the March 4, 1974 meeting. The motion was
passed by the following vote:
AYES: Councilmen: Bartlett, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Gibbs
2/19/74
Page #5 - Council Minutes - 2/19/74
RESOLUTIONS ADOPTED
The Director of Public Works reported on the boundaries of the Old Town Drainage
Assessment District in connection with the Consent Calendar resolutions pertaining
to said assessment district, Resolutions 3843 - 3847. The Senior Planner reported
on the selection of the T2E Modified Route - Consent Calendar Resolution No. 3842.
On motion by Bartlett, Council directed the City Clerk to read Resolution Numbers
3840, 3841, 3842, 3843, 3844, 3845, 3846, 3847, 3848, and 3849 by title; waived
further reading and adopted same by the following roll call vote:
AYES: Councilmen: Bartlett,
NOES: Councilmen: None
ABSENT: Councilmen: Shipley,
RES NO 3840 - AMBULANCE SERVICE
Green, Coen, Duke, Matney
G ibb s
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH COVERING PROCEDURES,
RULES AND RATES PERTAINING TO AMBULANCE SERVICE WITHIN THE CITY OF HUNTINGTON BEACH,
AND REPEALING RESOLUTION NO. 3358."
RES NO 3841 -,ADOPTED - URGES ADOPTION OF ASSEMBLY CONSTITUTIONAL AMENDMENT NO 40
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING ADOPTION OF
ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 40."
RES NO 3842 - ADOPTED - TRANSIT CORRIDOR PLAN T2E MODIFIED
"A RESOLUTION OF THE CITY OF HUNTINGTON BEACH SUPPORTING A RECOMMENDATION TO ADOPT'
TRANSIT CORRIDOR PLAN T2.E MODIFIED,"
2
RES NO 3843 - ADOPTED - AD 7102 - APPOINTS SUPERINTENDENT OF STREETS ENGINEER OF
WORK, ASSESSMENT ENGINEER - PLANS & SPECIFICATIONS - SPREAD OF ASSESSMENT
"RESOLUTION APPOINTING SUPERINTENDENT OF STREETS, ENGINEER OF WORK, ASSESSMENT
ENGINEER, AND ORDERING PLANS, SPECIFICATIONS AND PROPOSED SPREAD OF ASSESSMENT -
ASSESSMENT DISTRICT NO.73-02 OLD TOWN DRAINAGE ASSESSMENT DISTRICT HUNTINGTON BEACH,
CALIFORNIA."
RES NO 3844 - ADOPTED - AD 73-02 - DESIGNATING NEWSPAPER
"RESOLUTION DESIGNATING NEWSPAPER - ASSESSMENT DISTRICT NO. 73-02 - OLn_TOWN DRAINAGE
ASSESSMENT DISTRICT, HUNTINGTON BEACH, CALIFORNIA."
ti.
RES NO 3845 - ADOPTED - AD 73-02 APPOINTS ATTORNEY
"RESOLUTION APPOINTING ATTORNEY ASSESSMENT DISTRICT NO 73-02 OLD TOWN DRAINAGE
ASSESSMENT DISTRICT HUNTINGTON BEACH, CALIFORNIA."
RES NO 3846 - ADOPTED - AD 73-02 - ASSESSMENT DISTRICT BOUNDARY MAP
"RESOLUTION ORDERING PREPARATION OF ASSESSMENT DISTRICT BOUNDARY MAP ASSESSMENT
DISTRICT NO 73-02 OLD TOWN DRAINAGE ASSESSMENT DISTRICT HUNTINGTON BEACH, CALIFORNIA."
RES NO 3847 - ADOPTED - AD 73-02 - PROVIDING FOR LIQUIDATED DAMAGES
"RESOLUTION PROVIDING FOR LIQUIDATED DAMAGES ASSESSMENT DISTRICT NO 73-02 OLD TOWN
DRAINAGE ASSESSMENT DISTRICT HUNTINGTON BEACH, CALIFORNIA."��
2/19/74
Page #6 - Council Minutes - 2/19/74
RES NO 3848 - ADOPTED - ADDENDUM - MEMO OR AGRMT - H B POLICE OFFICERS' ASSOC
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTWTON BEACH APPROVING AND
IMPLEMENTING AN ADDENDUM TO THE MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH
POLICE OFFICERS' ASSOCIATION DATED JUNE 26, 1972." -
T,
RES NO 3849 - ADOPTED - GRANT APPLICATION & CONTRACT - 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."
USE PERMITS 73-3, 73-5 & 73-6 - FINDINGS�OF FACT
The City Clerk presented a Peremptory Writ of Mandate issued in the Orange County
Superior Court commanding the City Council to reverse its decision of July 16, 1973
which denied an application filed by James Montgomery for Use Permits Nos. 73-3,
73-5, and 73-6, or to make findings of facts supporting its position in reversing
the Planning Commission's decision, as required by Sections 9811.2.1, 9811.2.2
and 9811.2.3 of the Huntington Beach Ordinance Code. The City Clerk also presented
a communication from the City Attorney's office dated February 13, 1974 informing
Council of the grounds for denial of a use permit and recommending that Council
make a finding of the facts relied upon in rendering its decision, together with
the applicable ordinance section; or, in the alternative that the Council grant
said Use Permits subject to the terms and conditions as imposed by the Planning
Commission in its approval of same on June 19, 1973. The application for said
Use Permits had been approved by the Planning Commission on June 19, 1973 subject
to terms and conditions. Said Use Permits propose to allow the construction of
three 20 unit apartment complexes (total of 60 units) pursuant to Section 9202.3.1.3
of the Huntington Beach Ordinance Code, on property located on the west side of
Holly Street, 185 feet south of Garfield Avenue in the R3 Medium High Density
Residential District.
The Mayor stated after conferring with legal Council it appeared that the appropriate
action might be to sustain the Planning Commission.
The Assistant City Attorney informed Council that it was the opinion of the City
Attorney's office that the decision of the Planning Commission be sustained.
Mr. James Palin, Senior Planner, presented background information on the application
for Use Permits and the land use history of the area involved.
At the request of Council the Assistant City Attorney read the Council Minutes of
July 16, 1973, at which time the Council overruled the decision of the Planning
Commission and denied said Use Permits and directed the Planning Commission to
initiate a Master Plan Amendment with the suggestion that it be zoned overall
industrial development.
Councilman Shipley and Councilwoman Gibbs arrived at the Council meeting at 8:05 P.M.
Considerable discussion was held between the Council and staff regarding various
aspects of the matter including the zoning and master planning of the area.
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2/19/74
251
Page #7 - Council Minutes - 2./19/74
A motion was made by Councilman Bartlett to grant Use Permits Nos. 73-3, 73-5 and
73-6 with the conditions and terms imposed by the Planning Commission on June 19, 1973.
In response to a question by Councilman Green, the Senior Planner stated that this was
the final discretionary act and that a Final Tract Map would not be filed. He reminded
Council that Article 972 of the Huntington Beach Ordinance Code, the enabling legisla-
tion for the Environmental. Review Board, does authorize the City Council to overrule
the Environmental Board and request additional documentation.
Councilman Duke spoke regarding his contention that Master Planning overrules zoning
and that this is a finding of fact and that Council does not have to deny the permit
but can approve the permit on the basis of the Master Plan and the applicant's confor-
mance thereto. Discussion was held between the Council, Assistant City Attorney and
Senior Planner regarding this aspect of the matter and the time element in the
application of the State mandate to this matter.
Discussion was held between Councilman Green and the Assistant City AtItorney regarding
the application of Section 9811.2 of the Huntington Beach Ordinance Cpde to this
matter. The Senior Planner reported on the planning designation in tke "old town"area.
Councilman Coen inquired as to the environmental status of the projectiand the Senior
Planner stated that the initial application for Exemption Declaration ad been rejected
but that a subsequent Exemption Declaration had been approved by the E vironmental
Review Board following modification of the plan, and referred to the 4Ianning Commission.
The motion made by Councilman Bartlett failed to pass by the followinglvote:
AYES: Councilmen: Bartlett
NOES: Councilmen: Shipley, Gibbs, Green, Coen, Duke, Matney
ABSENT: Councilmen: None
Discussion was held by Council regarding various aspects of the matter.
On motion by Green, Council directed that Use Permit Nos. 73-3, 73-5 and 73-6 be
denied based on Section 9811.2.1 of the Huntington Beach Ordinance Code - that the
health of persons residing in the area will be adverslly affected due to environmental
conditions in the area including seismic questions and the possibility of air and noise
problems associated with the adjacent industrial uses and the roadway; and further
based on Section 9811.2.3 as the Use Permit and the usage is not in conformance and
would adversely affect the Master Plan of the City because the Master Plan indicated
that the area would be developed into M-1 Light Industrial area (Use Permit 73-3 and
Use Permit 73-6) and the impact on the already overcrowded conditions of the Huntington
Beach Union High School District that the health of persons residing in the area would
be adversely affected due to environmental conditions in the area including seismic
questions and the possibility of air and noise problems associated with the adjacent
industrial uses and the roadway and drainage problems, and the traffic circulation
problems of the area. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: Bartlett
ABSENT: Councilmen: None
,o
CONCESSION LIGHTING - HUNTINGTON CENTRAL PARK - APPROVED
The City Clerk presented a communication from the Secretary of the Recreation and
Parks Commission recommending that the City Council approve the plans for lighting
and graphics for the concession buildings to be constructed in Huntington Central
Park. 2/19/74
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Page #8 - Council Minutes - 2/19/74
The Recreation and Parks Director introduced Mr. Prentice Taylor, Principal of the
Huntington Central Park Concession Company, and discussion was held regarding the
proposed sign graphics.
On motion by Green, Council approved the plans for lighting and graphics for the
Concession buildings proposed to be constructed in Huntington Central Park by the
Huntington Central Park Concession Company. The motion was passed by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green_, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
REPORT - REDUCTION IN STREET LIGHTING - (CA 74-10)-RECEIVED & FILED - REPORT TO BE
PRESENTED
The City Clerk presented a communication from the Director of Public Works containing
documentation relative to the effect of reduced street lighting on the accident and
crime rates, and recommending that street lighting levels remain the same.
Councilman Green spoke regarding the reasons why he had requested the report, and
discussion on the matter was held.
On motion by Green, Council ordered the report from the Director of Public Works
relative to the effect of reduced street lighting on the accident and crime rates
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
On motion by Shipley, Council directed that the Director of Public Works present
recommendations as to the locations in the City where street lighting can be
reduced including the new Civic Centex area. The motion was passed by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
AFFIRMATIVE ACTION REPORT - (CA 74-9 ) - RECEIVED & FILED
The City Clerk presented a report from the City Administrator regarding the number
of minority and female employees occupying supervisory positions in the City,
together with a summary of the City's EEO-4 report submitted to Federal Govermment
on October 25, 1973.
Discussion was held by Council regarding the report.
Mayor Matney stated that it would be helpful if staff reported every three to six
months as to the achievements which have been made in this regard.
2/19/74
Page 09 - Council Minutes - 2/19/74
on motion by Green, Council ordered the report from the City Administrator regarding
the number -of minority and female employees occupying supervisory positions in the City.
and the City's EEO-4 Report received and filed. The motion was passed by.tle following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT : Councilmen: None ✓
PUBLIC HEARING - REVOCATION OF USE VARIANCE NO 707 - REVOCATION APPROVED
Mayor Matney announced that this was the day and hour set for a public hearing to
consider the revocation of Use Variance No. 707 issued.by the Planning Commission
to allow the construction of a marina and marina parking lot of the R1 Single Family
Residential District,.located northeast and southwest of the intersection of Edgewater
Lane and Davenport Drive in the Huntington Harbour Development and legally described
as being a portion.of Lot 173 and all of Lot C in Tract 4880, and Lots 285 and 286
in Tract 5360,
The City Clerk informed Council that all legal requirements for notification, publi-
cation and posting had been met and that she had received a'communication on the matter
from Mr. Jim Bentson, Attorney at Law
Councilman Coen requested and was granted permission to abstain from consideration
of the matter due to.a conflict of interest. Councilman Coen then vacated his
Council chair.
The Senior Planner displayed a map and aerial slides of the area under consideration. --
Discussion -was held by Council regarding the disposition of two lots in -the project
and Mr. Thomas Winfield, Attorney for Huntington Harbour Corporation, clarified the
matter.
Mayor Matney declared the hearing open.
Mr. A. W. • Knox, - 3322 'Easter- Ctrcle, City.t. addressed Council and requested ;that the
City Attorneys Opinion on the matter be presented. The Assistant City Attorney
read City Attorney t iintoa-No. 74-11,dated January.31, 1974 for Councll.'s information.
Mr. Knox informed the Council that the Huntington Harbour Property Owner's Association
had adopted a resolution urging that no additional slips be constructed -in this area.
Mr. Jim Bentson, Attorney, representing Mr. William S. Purcell and 35 other residents
of Edgewater and Baruena Lanes, addressed Council and stated that his clients were not
opposed to the 29 existing slips, but were opposed only to the proposed development.
He presented reasons why he believed that there was undue delay in construction
of the marina
Mr. Bill Craig, 16911 Edgewater Lane, City, ,spoke regarding what he believed to be
the deteriorating quality of the water in the area proposed for the marina,
Mr. William Purcell, 16922 Baruna Lane, City, addressed Council and spoke regarding
a comparison study which he had made of the amount of space which other cities require
boat -spaces: He also stated that herbelieved the development of a marina in.this area
was undesirable.
Mr. Bentson again addressed Council and presented reasons why he believed the use
variance should be revoked and spoke regarding the sale of the Warner Marina Beach
Club and its effect on the availability of slips within the harbour.
2/19/74
# 10 -'Council Minutes - 2/19/74
Mr. Winfield again addressed Council regarding their company position of vested
right in the matter and presented a resume of the environmental status of the
project.
Councilman Green commented on the enviromnental impact report which Council had
directed to be prepared on this project.
Mr. William Duncan, Regional Representative of Christiana Companys, addressed Council
and referred to displays which outlined the original, City approved and proposed
layout of the marina.
Mr. Winfield again addressed Council and gave reasons why he believed there were
no legal reasons for revocation of said use variance. .
Mr. Russell Woodson, 5152 Heil Avenue, City, owner of a sloop moored in the marina,
addressed Council and stated that he believed there was sufficient parking in the
area and that the problem of trash pollution was not restricted to this particular
area,.though the trash dial tend to collect at this location.
Mr. Donald Smith, 16991 Lowell Circle, City, owner of a boat moored in the Warner
Marina, addressed Council and gave reasons why he believed the use variance should
not be revoked.
Mr. Robert Wheeler, 16861 Stiles Circle, City, owner of a sailboat in the marina
addressed Council and stated his concern that the off -water people would not have
a place to dock their boat if the use variance should be revoked. He also spoke
regarding the trash pollution in the harbour.
Mr. Nat Wilson, 17115 Roundhiil Road, City, addressed Council and stated that he
believed there was room in the Davenport Marina for additional boats, however, he
believed any expansion should be carefully limited to ensure the privileges and
rights of the residents.
Mr. Jim Bentsen again addressed Council and presented a rebuttal to the statements
by the opposition, and gave reasons why the use variance should be revoked. ,
Mr. Thomas Winfield again addressed Council and presented a rebuttal to the state-
ments made by the proponents of the issue. He read from the CC & R's on the
property in the area which states that residents would be given first space prefer-
ence in the marina.
Mr. Robert Alberts, Attorney at Law, addressed Council and urged that porvisions
be made whereby all residents including off -water residents be assured of a space
in the marina.
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.
Discussion was held between the Council, representatives of Huntington Harbour and
the Assistant City Attorney regarding the disposition of the present 29 slips if
the use variance is revoked.
The Senior Planner advised Council regarding various aspects of the matter.
,r,Fj 2/19/74
Page #11 - Council Minutes - 2/19/74
A :notion was made by Councilman Green that Use Variance No. 707 be revoked based on
the following findings:
1. That Use Variance 707.was granted to Huntington Harbour Corporation in May 1964
for seventy-five boat ships in the area known as Davenport Marina in Huntington
Harbour.
2. That from May 1964 to November 1972 only twenty-nine boat slips were constructed
pursuant to said permit.
3. That a cease and desist order was issued by the City Council of the City of Huntingtol.
Beach in November 1972 to remain in effect until an environmental impact report
had been prepared. That no attempt was made by the Huntington Harbour Corporation
to remove the cease and desist order.
4. That during the interim period the Huntington Harbour Corporation constructed
fifty-two boat slips in nineteen months in Christiana Bay and sixty-three boat
slips in fifteen months in Tennis Estates in Huntington Harbour.
5. That major environmental changes in Huntington Harbour have occurred since the
granting of Use Variance 707. That the Davenport Marina portion of the harbor
has become seriously affected ecologically by trash, debris, and water pollution.
That during the interim period the.Huntington Harbour Corporation has caused
additional slips to be constructed in Christiana Bay and Tennis Estates which
have contributed to these environmental and ecological changes and that to permit
continued construction of the remaining slips in Davenport Marina would further
contribute to the environmental and ecological changes.
6. That the continuance of this use variance would have serious effects on the area
in that serious parking problems have arisen which would be further complicated
by the installation of more boat slips.
7. That the Huntington Harbour Corporation has not satisfactorily explained the
delay in proceeding to install the remaining boat slips under Use Variance 707.
8. That the Huntington Harbour Corporation has not obtained vested rights to install
the remaining boat slips under Use Variance 707.
9. That the fact that only twenty-nine slips were installed in 102 months constitutes
unreasonable delay within the provisions of Huntington Beach Ordinance Code
Section 9837.1.
10. That Use Variance 707 be revoked.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Gibbs, Green, Duke
NOES: Councilmen: Bartlett, Matney
ABSTAIN: Councilmen: Coen
ABSENT: Councilmen: None
Councilman Coen resumed his place at the Council Table.
2/19/74
f
Page #12 - Council Minutes - 2/19/74
COMMUNICATION - PROPOSAL FROM PHILIP A PUTMAN - RECEIVED & FILED
The City Clerk presented a communication from Mr. Philip A, Putman requesting
publication of agendas, follow-up and minutes of each City Council meeting.
Mr. Putman addressed Council regarding the reasons for his request and discussion
was held between the Council and Mr. Putman regarding his request and the factors
involved.
On motion by Matney, Council directed that the communication from Mr. Philip A.
Putman regarding thepublication of said material 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
ORDINANCES FOR INTRODUCTION
On motion by Bartlett, Council directed the City Clerk to read Ordinance Numbers
1902 and 1903 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 1902 - FIRST READING - CODE VIOLATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTIONS 0041, 0043, AND 0044 PERTAINING TO VIOLATIONS OF SAID CODE."
ORD NO 1903 - FIRST READING - STREET WORK FEES - IMPROVEMENT INSPECTION COSTS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING SECTIONS 7222, 7223, 7223.1, 7223.2, 7223.3, 7224, 7224.1, AND
AMENDING SECTIONS 7217.2, AND 7223, PERTAINING TO STREET WORK FEES, AND SECTION 9951.1(c)
PERTAINING TO IMPROVEMENT INSPECTION COSTS.".
REQUEST - H B ENVIRONMENTAL COUNCIL - REACTIVATION OF SHORELINE COMMITTEE - DEFERRED
TO 5 / 74
The City Clerk presented a communication from the Huntington Beach Environmental
Council which had been deferred from the February 4, 1974 meeting, informing Council
of a resolution adopted by their body on January 10, 1974, recommending the reacti-
vation of the Shoreline Development Committee of the Citizens Steering Committee for
Goals and Objectives.
On motion by Green, Council deferred action on the communication from the Huntington
Beach Environmental Council regarding the reactivation of the Shoreline Development
Committee of the Citizens Steering Committee for Goals and Objectives to the May 6,
1974 meeting, to allow the Environmental Council an opportunity for further review.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
2/19/74
Page #13 - Council Minutes - 2/19/74
xF
HUNTINGTON BEACH ENVIRONMENTAL COUNCIL_BYLAWS - DEFERRED TO 5/6/74
The City Clerk presented a transmittal from the Huntington Beach Environmental Council
of their body's Bylaws for Council approval. This item had been deferred from the
February 4, 1974 meeting.
On motion by Green, Council deferred action on the communication from the Huntington
Beach Environmental Council Bylaws to the May 6, 1974 meeting to allow the Environ-
mental Council an opportunity for further review. The motion was .passed by the
following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
COMMUNICATION - ANNUAL BEACH PARKING PASS FEE - REFERRED
The City Clerk presented a communication from Mr. Bruce Bartel, 17442 Encino Circle,
City, requesting that the annual parking pass fee for the Municipal Parking facilities
be reduced to $10 per year.
Mayor Matney stated that the City Attorney's office was researching the possibility
of lowering the fee for senior citizens.
On motion by Green, Council directed that if legally permissable, the City Attorney
was to prepare a resolution giving preferential Annual Beach Parking Pass fees to
senior citizens over the age of 62 and handicapped citizens and pensioners. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
tiz
EMERGENCY EPISODE PLAN - APPROVED
The City Administrator addressed Council regarding his recommendation for Council
approval of the Emergency Episode -Plan relative to smog alert levels in the City,
which cities are required to establish pursuant to the direction of the Environmental
Protection Agency.
A motion was made by Councilman Duke to approve the Emergency Episode Plan for the
City of Huntington Beach as recommended by the City Administrator.
Councilman Green commented on the plan and stated that he believed a plan should be
established to encourage city employees to reduce motor vehicle travel and advise
them of what public transportation 'or car pools are available. He also spoke regarding
the employees' use of City vehicles.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen None
ABSENT: Councilmen: None
2/19/74 �S
Page #14 - Council Minutes - 2/19/74
r.
USE OF OLD CIVIC CENTER BUILDINGS
The City Administrator addressed Council regardingthe disposition of the old civic
center buildings and the Mayor suggested that a policy be formulated by the City
in this regard.
Councilman Caen stated that if feasible he would like to see the buildings retained
for community type use.
The Recreation and Parks Director reported on his department's desire to expand its
services to the community's senior citizens.
The Mayor stated that this matter would be scheduled for discussion at an adjourned
regular meeting of Council to be held February 25, 1974.
AGREEMENT - CALIFORNTA ANIMAL CONTROL - APPROVED
The City Administrator presented a proposed agreement for animal control services
between the City and California Animal Control for Council's consideration. .
Mr. Dennis Smith, General Manager of California Animal Control, reported on the
provisions in the contract for an animal spay and neuter clinic.
Dr. Arthur Stone, President of the Orange County Chapter of the Southern California
Veterinary Medical Association, addressed Council regarding the operation of an
animal spay and neuter clinic which could serve the comity's needs.
Discussion on the proposed contract was held between the Council and Mr. Smith.
A motion was made by Councilwoman Gibbs to accept the contract for animal control
services between the City and California Animal Control. The motion was passed by
the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Duke
NOES: Councilmen:. Coen, Matney
ABSENT: Councilmen: None V �-
v
ART DECORATIONS FOR NEW CIVIC CENTER - EKPENDITURES AUTHORIZED
The City Administrator informed Council of the recommendation of the Allied Arts
Commission that the City advertise for sculpture art for the new Civic Center and
to purchase art decorations for the buildings. He informed Council that these
were budgeted items.
The City Librarian reported on the method by which the art decorations will be
selected, and requested Council approval to expend the funds in the Civic Center
budget,
Councilman Coen spoke regarding the desirability of confining the display of art
decorations to public walkways in the Civic Center.
On motion by Shipley, Council, authorized the Allied Arts Commission to expend -funds
from the Civic Center budget to purchase art decorations to place in public walkways
in the Civic Center complex in an amount not to exceed $20,000; and further authorized
2/ 19/74
��9
Page #15 - Council Minutes - 2/19/74
the Allied Arts Commission to expend funds from the Civic Center budget in an amount
not to exceed $45,000 for the purchase of an art sculpture for the plaza area of the
new Civic Center. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ATTENDANCE AUTHORIZED AT CONGRESSIONAL CITY CONFERENCE
The City Administrator brought Council's attention to proposed Federal legislation
relative to a forty hour week for firemen and time and a half pay for city employees
which could cost the City $900,000 within a four year period. He informed Council of
the Congressional City Conference which will be held in Washington D. C., March 3-5,
1974 at which time meetings will be held with the congressional delegation and Senators
and Congressmen which are involved in this legislation. He stated that a strong turnout
at the meeting would be helpful and asked if any member of the Council could attend..
A motion was made by Councilman Shipley, to authorize the City Administrator, Mayor Matney,
Councilwoman Gibbs, and Councilman Bartlett to attend the Congressional City Conference,
in Washington, D. C., from March 3-5, 1974, with reasonable expenses allowed. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
ITEMS RECEIVED & FILED BY THE CITY COUNCIL
vP-1.+;Resolution 74-3 by the City of Costa Mesa recommending that cities and counties
be retained as the transportation planning agency authority to select urban
routes and to distribute urban funds.
r`P-2.1Resolution 5201 by the City of Buena Park recommending that cities and counties
be retained as the transportation planning agency to select urban routes and
to distribute urban funds.
,/P-3.1�'=Minute excerpt by the City of Santa Ana accepting the recommendation of the
City's Transportation Advisory Committee to support in concept Orange County
Transit District's alternative plan No. TH with proposed staff modifications.
vP-4.1'kp Notice of proposed tariff changes by the Western Union Telegraph Company.
✓P-5.!r_Resolution 2289 of the City of Seal Beach opposing Assembly Constitutional
Amendment 67.
.P-b.I&Notice of hearing before the Public Utilities Commission of the State of California
for authority to increase certain rates and charges.
VP-7.=#',Building Department monthly report for January 1974.
ADJOURNMENT
On motion by Bartlett, the regular meeting of the City Council of the City of Huntington
Beach adjourned at 12:20 A.M.,. to Monday, February 25, 1974 at 5:30 P.M. in the Admini-
strative Annex. The motion was passed by the following vote:
AYES Councilmen Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen: None
ABSENT: Councilmen: None
2/19/74^
Page #16 - Council Minutes - 2/19/74
Qe%/ewe
City Clerk and Ex-officio Clerk
of the.City Council of, the:City
ATTEST: of Huntington Berh, California.
Alicia M. Wentworth `, y-A, Pf9tde
City Clerk Mayor
2/19/74