HomeMy WebLinkAboutCity Council - 5801 RESOLUTION NO. 5801
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ESTABLISHING A PIERHEAD
LINE IN THE DAVENPORT MARINA
WHEREAS, the City of Huntington Beach desires to establish a
pierhead line for the Davenport Marina; and
Huntington Beach Municipal Code section 13 . 32 .020(f ) provides
that the distance from the bulkhead to the pierhead line shall be
determined by the City Council; and
The City Council adopt the findings set forth on Exhibit "B"
attached hereto and incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that there is hereby established a
pierhead line in the Davenport Marina, also designated as Lot C of
Tract 4880; that the establishment of said pierhead line conforms
to city policy; and the pierhead line and the property on which
such pierhead line is established is described in Exhibit "B" ,
attached hereto and incorporated by reference herein.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th day
of October , 1987 .
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ATTEST: APPROVED AS TO FORM:
City Clerk tt e
REVIEWED AND APPROVED: INITIATED AUD-1APPROV D:
� y
City Administrator rW Directo of Public Works
EXHIBIT "Bf,,
A PIEWEAD LINE FOR THE DAVENPORT MARINA, IN
11E CITY OF RMINGI'ON BEACfi
Beginning at the southwesterly corner of Lot 7, Tract 4880, as shown
on a map recorded in Book 172, Pages 12 to 19 inclusive of Miscellan-
eous Maps, Records of Orange County, State of California .
Thence north 890 44' 00" west 125.67 feet to a point,
thence north 00 16' 45" west 40.25 feet to a point,
thence south 890 44' 00" west 8.40 feet to a point,
thence north 00 16' 45" west 66.00 feet to a point,
thence south 890 43' 45" west 18.45 feet to a point,
thence north 00 16' 45" west 104.77 feet to a point,
thence south 890 43' 30" west 13.00 feet to a point,
thence north 00 16' 45" west 90.00 feet to a point,
thence south 890 43' 1511 west 13.00 feet to a point,
thence north 00 16' 45" west 64.00 feet to a point,
thence north 890 43' 11" east 13.10 feet to a point,
said point being the terminus of said pierhead line.
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EX N ( I1
Exhibit "B" to Resolution
No. 5801 of the Huntington
Beach City Council
dated October 19, 1987
FINDINGS OF FACT
AND
CONCLUSIONS OF LAW
INTRODUCTION
If any finding of fact is a conclusion of law then it shall be
deemed to be so denoted.
The Superior Court of Orange County in Case No. 46-75-77, having
concluded that the establishment of a pierhead line is a
quasi-judicial function of the Council, the following findings or
conclusions are found and concluded:
1 . The city is empowered to adopt pierhead lines to protect
navigable channels from encroachment .
2 . Pursuant to Huntington Beach Municipal Code Section 13 .32 .020 ,
the City council of the City of Huntington beach has the power
to establish pierhead lines by resolution.
3 . The Orange County superior Court in John J . Stanko v. City of
Huntington Beach, case no. 46 75 77 , has mandated the city to
set aside the pierhead line established by the City Council in
Resolution No. 5523, adopted June 3, 1985 .
4 . Davenport Marina is located along the subject channel depicted
on attached exhibits, and is improved with various docks,
slips, and gangways.
5 . The subject channel is a navigable waterway. A low bridge
which crosses the channel to davenport Island prevents further
navigation by vessels, except for small boats. A ninety foot
width at the bridge is desirable for safe turning of vessels
and navigation.
6 . A minimum channel width of seventy feet is necessary for
navigation of vessels in the channel .
7 . Expansion of the existing marina further into the channel
would impair navigation, create traffic and parking impacts,
and be incompatible with the residential character of the
neighborhood.
Res. No. 5801
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 19th day
of October 19 87 by the following vote:
AYES: Councilmen:
Winchell, Mays, Finley, Erskine, Green
NOES: Councilmen:
Kelly
ABSENT: Councilmen:
Bannister(out of room)
V
City Clerk and ex-officio Clerk
of the City Council of. the City
of Huntington Beach, California
"Exhibit "B" to Resolution 5801
October 30 , 1987
Page (2 )
8 In the interest of the health, safety and welfare of the
citizens of Huntington Beach, no additional boat docking
facilities or end ties can be allowed outside the limits of
the pierhead line as shown in Exhibit "B" .
N.B. The attached "Proposed Pierhead Line "Exhibit B" and a
Pierhead Line for the Davenport Marina are incorporated by
reference herein as thoughtfully set forth at this part.