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HomeMy WebLinkAbout1970-10-19MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October 19, 1970 Mayor Shipley called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 P. M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Father Vidal - St. Bonaventure Catholic Church. Councilman Coen suggested that the City Clerk request that non -denomina- tional invocations be given in the future. He stated that he in no way meant this request to reflect on present Council invocations being offered; however, he felt that invocations of a non -denominational nature would be more appropriate on public occasions. POT.T. O A T.T. Councilmen Present: Gibbs, Bartlett, Shipley Councilmen Absent: None CONSENT CALENDAR (ITEMS APPROVED) McCracken, Green, Matney, Coen, On motion by Matney, the following consent items were approved as recom- mended, by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None 1. MINUTES - Approved and adopted minutes of October 5, 1970, as written and on fide in the office of the City Clerk. 2. REIMBURSEMENT - KAUFMAN & BROAD Approvedreimbursement of $9,354-7to Kaufman & Broad Construction Company, for final payment for construction of offsite water main at Brookhurst Street and Indianapolis Avenue. 3. PARK SITE IMPROVEMENTS - CC-143 Approved p ans and specifications for the improvement of Springdale, Circle View, Clegg -Stacey and Harbour View Parks, and authorized the City Clerk to advertise for bids. 4. MEMORANDUM - HOUSING SURVEY Approved the recommendation of the City Administrator, and directed that the memorandum from the Planning Director regarding status of the Housing Survey for Housing Element to the Master Plan be received and filed. RESOLUTIONS On motion by Matney, Council directed the Clerk to read. Resolution Nos. 3230, 3231 and 3232 by title, waived further reading and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3230 - ADOPTED - FINAL REIMBURSEMENT - KAUFMAN & BROAD - SEWER "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." Page #2 - Council Minutes - 10/19/70 RES. NO. 3231 - ADOPTED - REIMB. AGRMT. #150 - REAMES - STORM DRAIN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT NO. 3 FUNDS. " RES. NO. 3232 - ADOPTED - REIMBURSEMENT - MACCO REALTY - STORM DRAIN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT NO. 7B Fun. If BID AWARD - MURDY PARK RECREATIONAL FACILITIES - CC-l�4 - JULIAN CONST. CO. The City Clerk read a communication from the Public Works Department stating that bids for Project CC-134 - Mur.dy Park Recreational Facility had been opened at 10:00 A. M., on Monday, October 19, 1970, in the Council Chamber by the City Clerk, City Attorney and the Director of Public Works and that the firm of Julian Construction Company - Santa Ana, California, was the low bidder with a bid. in the amount of $337,100. The Director of Public Works recommended that Council award the bid to Julian Construction Company and reject all other bids. The bids sub- mitted were as follows: Julian Construction Company Heffern Construction Corp. Stanley E. Nelson Construction Collins and McPherson, Inc. Near -Cal Corporation B. H. Miller Construction First Assurance Construction, Inc. Pinder Construction Company Calkins and Calkins and Lynch Santa Ana, Calif. - 337,1.00.00 - Garden Grove, Calif. - 344,730.00 Redlands, Calif. - 358,165.00 - Gardena, Calif. - 3585285.00 Santa Ana, Calif. 359,130.00 Newport Beach, Calif.- 360,195.00 - Newport Beach, Calif.- 360,440.00 - La Habra, Calif. - 364,424.00 - Hawthorne, Calif. - 385,339.00 On motion by Bartlett, Council awarded the contract for Project CC-134 - Murdy Park Recreational Facilities to Julian Construction Company, Santa Ana, California, the lowest responsible bidder, for a bid amount of $337,100; rejected all other bids and directed. the City Clerk to notify the unsuccessful bidders and return their bid bonds. Motion carried. MEADOWLARK AIRPORT RECOMMENDATION - DEFERRED TO 7:30 PORTION OF MEETING The Clerk presented a transmittal from the City Administrator recommend- ing a course of action to be taken concerning the safety situation at Meadowlark Airport. Mayor Shipley directed that this matter be deferred to the 7:30 P. M. portion of the Council Meeting to afford all interested parties an opportunity to hear the Administrator's recommendation. REPORT - CITY ADMINISTRATOR - GOALS & OBJECTIVES PROGRAM The Clerk presented a transmittal from the City Administrator of a 14emerandum of Goals and. Objectives for the city, together with a recom- mendation regarding the Preliminary Policy Plan. The City Administrator stated that the Advance Planning staff, in co- operation with the Planning Commission and Administration, had. established a program of goals and objectives for the City, including a summary of present policy related to areas of development in the city involving transportation, housing, parks and community appearance. He stated that the entire program will be completed in two phases -- the Preliminary Policy Plan and the Final Policy Plan; both to be available for use by any individual or group concerned or involved with the growth and develop- ment of the City. The Administrator recommended that Council instruct the Planning staff to proceed immed.iately with the completion of the Preliminary Policy Plan and that it be discussed with the Planning Com- mission and the City Council in order that the final Policy Plan may be adopted not later than mid -year 1971. Page Ufa - Council Minutes - 10/19/70 L`ollowin�; discussion, on motion by Coen, Council direo f ed the )epartmert to proceed immediately with the completion o t' t,lio Policy Plan, and that it be discussed with the Planning, City Council prior to adoption of the Final Pol t(�y Plan not later tll:-.�17 mid -year 1971. Motion carried. ORDINANCES FOR ADOPTION On motion by Bartlett, Council directed the Clerk to read. Ordinance i;o. 1608 and 1610 by title, waived further reading and passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1608 - ADOPTED - BOAT - CAMPER - TRAILER PARKING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9106.5 TO ALLOW BOATS, BOAT TRAILERS, SINGLE AXLE TRAILERS, AND CAMPERS TO BE PARKED OR STORED IN FRONT OF A DWELLING." ORD. NO. 1610 -- ADOPTED - ZONE CASE NO. 70-14 "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 NORTH SIDE OF CHRYSLER DRIVE AND WEST OF BEACH BOULEVARD (ZONE CHANGE CASE NO. 70-14)." ORD. NO. 1609 - ADOPTED - THREE-STORY STRUCTURE SETBACK The Clerk presented Ordinance No. 1609 for a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9162.6.1.1 OF THE R2 AND 9202.6.1.1 OF THE R3 DISTRICT TO REQUIRE THREE-STORY STRUCTURES TO SET BACK 100 FEET FROM ANY SINGLE-FAMILY RESIDENTIAL DEVELOPMENT." On motion by McCracken, and unanimously carried, Council waived further reading of Ordinance No. 1609. On motion by Green, Council passed and adopted Ordinance No. 1609 by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, Green, Matney, Coen, Shipley NOES: Councilmen: McCracken ABSENT: Councilmen: None ORD. NO. 1606 - ADOPTED - ZC 70-10 - P.C. RESOLUTION OF INTENT The Clerk presented Ordinance No. 1606 for 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 BOUNDED BY PACIFIC COAST HIGHWAY ON THE SOUTHEAST, BROOKIURST STREET ON THE EAST, ELLIS AVENUE ON THE NORTH AND THE CITY LIMITS ON THE NORTHWEST." On motion by Coen, Council waived further reading of Ordinance, No. 1606 and passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCES FOR INTRODUCTION McCracken, Green, Matney, Coen, On motion by Green, Council directed the City Clerk to read Ordinance No. 1611 by title and waived further reading by the following unanimous roll call vote: Page #4 - Council Minutes - 10/19/70 AYES: Councilmen: Gabbs, Bartlett, Shipley NOES: Councilmen: None A}3;.;G`NT: Councilmen: None McCracken, Green, Matney, Coen, ORDINANCE NO. l61l - PRE -ZONING CASE N0. 69-36 - FIRST EEADINC. "All ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTiNGTON _EACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR PRE -ZONING OF REAL PROPERTY LOCATED BETWEEN GARFIE LD AVENUE AND ELLIS AVENUE EAST TO THE EXTENSION OF NEWLAND STREET (PRE -ZONING CASE NO. 69-36;.�' REPORTS - COUNCIL COMMITTEES Santa Ana River Study Mayor Shipley announced that the Citizen's Committee which was delegated to work with committees from other Orange County Cities on the Santa Ana River Study had completed their work. RES. NO. 3233 - ADOPTED - HUNTINGTON BEACH UNION HIGH SCHOOL TAX OVERRIDE The Clerk read Resolution No. 3233 by title - "A RESOLUTION OF THE CITY C (j1JNC.I .I, O[,' THE, CITY OF HUNTINGT_ON BEACH SUPPORTING PROPOSITION "B" TO INC1If�'A„`E TAX RATIO, FOR HUN`1'INGTON BEACH IJNION HIGH SCHOOL DISTRICT'." On motion by Gibbs, Council waived further reading of Resolution No. 3233, and passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken; Green, Matney, Coen, Shipley 14CES: Councilmen: None ABSENT: Councilmen: None POOL PROBLEM - PUBLIC HEARING SCHEDULED Councilwoman Gibbs inquired regarding the possibility of Council action at this meeting to resolve the problem caused when the Building Depart- ment, in error, issued a pool permit to Mr. and Mrs. Ernest Sherwood, 10232 Cuttysark Drive, City. Councilman Green stated that he believed action on this matter should be oeferred until the public hearing is held on November 2, 1970, as triere are many factors pertaining to this matter that must be explored. The Assistant City Attorney stated that Council action on this matter would be inappropriate at this meeting, as legal notification of such intention had not been given. Elected Mayor - Ballot Measure Councilman Matney presented his reasons for supporting Charter Amendment "K" on the November election ballot, pertaining to the election of a full-time Mayor for the City. Removal of Signs from Public Rights -of -Ways Councilman Green spoke regarding the importance of enforcement of the portion of the sign code relating to the illegality of placing signs in the public right -of --way. Cbns ide rab le discussion wc�s held on the matter. On motion by Green, Council directed the City Administrator to enforce that section of Ordinance No. lG y�pef;ective October 21, 1970, pertain- ing to the illegal placement of/isigns in public rights -of -way, with special emphasis on enforcement over weekend periods. Motion carried. �S6_ _. Page #5 - Council Minutes - 10/19/70 COMMENTS FROM DEPARTMENT HEADS Delay of Flood Control Channel & Adams Avenue Pro,�ects The Public Works Director reported that Project CC-138 - Warner Avenue and Adams Avenue Street Improvement, and also the Harbor Flood Control Channel Project had. been shut down and work delayed due to a strike by the Independent Truck Drivers Union. He stated that because of the incon- venience being caused by the shutdown of the project, the drivers had agreed to return to work on Tuesday morning on the City work. Deputy City Attorney Introduced The Assistant City Attorney introduced. Mr. Michael Miller, Deputy City Attorney, to Council, and stated that he would. be working on legal matters relating to enforcement of the City's Oil Code regulations. Youth Coalition Committee By-laws Mr. James Sampson, Chairman of the Youth Coalition Committee addressed Council and statedthat a draft of the committee's By-laws had. been pre- pared for Council's consideration. Councilman Coen suggested that the proposed By-laws of the Youth Coalition Committee be scheduled for consideration at the November 2, 1970, Council meeting. Request for Waiver of Building Relocation Fee The City Clerk informed Council of a communication from Mr. Mike Major, 1811 Main Street, City, requesting a waiver of the Inspection Fees of $500 required by the Huntington Beach Ordinance Code. At the request of Council, the Clerk was directed to schedule this matter for consideration at the November 2, 1970, Council agenda. MASTER PLANNING - "MAGNOLIA SITE" The Clerk presented a transmittal from the Design Review Board recommend- ing that Council adopt a policy for master planning of the "Magnolia Site", located on the northwest corner of Magnolia Street and Hamilton Avenue, and further requesting that Council authorize the Board to con- tinue its efforts to develop the site. The City Administrator stated that Mr. Don Hartfelder, Chairman of the Design Review Board and. Mr. Robert Vasquez, Secretary of the Board, were present to answer any questions the Council may have regarding this matter. Mr. Don Hartfelder addressed Council and. stated that the "Magnolia Site" had considerable potential for development due to the City's plans for investment in the area; however, that he believed more time for study was necessary for the purpose of reviewing the plan to determine how other projects can be coordinated into it, as well as such matters as the feasibility of selecting an architect with site utilization background. Considerable discussion was held by Council on the matter. Mr. Thomas Severns, Development Coordinator, recommended that the proposed policy for master planning the "Magnolia Site" be subject to review by the Recreation and Parks Commission before being submitted to Council. Fire Chief Picard in-'ormed Council of his oppositicn to a plan which would locate the Library, the Community Center and the Fire facilities within the same building. Following discussion, Council requested the City Administrator to prepare a status report on this matter for presentation to Council at the next regular meeting. Page #6 - Council Minutes - 10/19/70 REQUEST FOR JOINT MEETING - DESIGN REVIEW BOARD & COUNCIL The Clerk presented a transmittal from the Design Review Board request- ing that a joint meeting be held with the City Council in the near future. It was suggested that a joint meeting with the Design Review Board be tentatively set for the November 2, 1970 Council meeting, during the dinner hour of Council. REQUEST - TRAFFIC PROBLEMS Mr. Paul Gillian, Heil Avenue, City, addressed. Council regarding the traffic problem at the intersection of Heil Avenue and Gothard Street. He stated that approximately 19 accidents had. occured at this location during the past year, and requested that corrective action be taken by the City. He informed Council that the intersection at Heil Avenue and. Sabot Lane also posed a traffic hazard. for children during the hours when a traffic guard is not on duty. The Public Works Director informed Council that a four-way stop sign is due to be installed at the Gothard. Street and Heil Avenue intersection on October 20, 1970. The City Administrator stated that he felt the traffic problem at Heil Avenue and Sabot Lane should be referred to the Huntington Beach Safety Council for a report and recommendation on the matter. On motion by Green, Council requested the Huntington Beach Safety Council to study the traffic problem at Sabot Lane and. Heil Avenue for report and recommendation to Council at the meeting of November 2, 1970. Motion carried. COUNCIL RECESS - DINNER MEETING At this time Mayor Shipley announced that the Council would recess and reconvene at The Fisherman Restaurant in informal session for a dinner meeting after which Council would again reconvene in the Council Chamber at 7:30 P. M. The Mayor further informed the press and the general public that the dinner meeting was an open meeting and that they were welcome to attend. Mayor Shipley excused the City Clerk from attending and recording the minutes of the dinner meeting and appointed Councilman Coen as Acting Clerk of the Council. Council recessed at 5:55 P. M. COUNCIL RECONVENED Council reconvened at 6:15 P. M. at the Fisherman Restaurant with Mayor Shipley presiding and Councilman Coen serving as Acting Clerk of the Council. General discussion was held by Council including the upcoming goals and objectives of the City. No action was taken. by Council. Council recessed at 7:15 P. M., and was reconvened at 7:30 P. M. in the Council Chamber with Mayor Shipley presiding and the City Clerk as Clerk of the Council and recording the minutes. APPOINTMENT - BOARD OF APPEALS - TOM SMITH The Clerk presented a communication from the Director of Building and Safety recommending that 2,Ir. Tom Smith be appointed to the Board off' Appeals to fill the vacancy created by Mr. Ken Thompson's resignation. On motion by Green, Council appointed Mr. Tom Smith to serve on th;� Board of Appeals filling the vacancy created. by the resignation of Mr. Ken Thompson. Motion carried. Page #7 - Council Minutes - 10/19/70 PRESENTATION OF PLAQUE w RICHARD TOM Mayor Shipley presented a plague to Mr. Richard Tom in appreciation for his service on the Planning Commission during the past three years. PROCLAMATION - UNITED CRUSADE Mayor Shipley presented a proclamation to Mr. William Foster, President of the local chapter of the United Crusade, declaring the period October through November 19, 1970 as United Crusade Month. ASSESSMENT DISTRICT N0. 6602 - SANDRA LEE - SIMS - STREETS -SEWER -WATER The City Clerk presented for Council's consideration Resolution Nos. 3223, 3224, 3225, 3226, 3227, 3228 and 3229, Assessment District Map and Investigation Report in connection with Assessment District 6602 - Sandra Lee Street, Los Patos Drive, Orion Street, Warner Avenue and an alley between Orion Street and Warner Avenue. INVESTIGATION REPORT - SUMMARIZED BY THE ENGINEER The Clerk informed the Council that the summarization of the lnvestiga- ticn Report by the Engineer would be received in December. On motion by Green, Council directed the Investigation Report received and filed. Motion carried. RES. NO. 322� - APPOINTS ENGINEER OF WORK - ADOPTED The Clerk read Resolution No. 3223 by title - "RESOLUTION APPOINTING ENGINEER OF WORK - ASSESSMENT DISTRICT NO. 6602 - HUNTINGTON BEACH, CALIFORNIA." On motion by Bartlett, Council waived further reading of Resolution No. 3223, and passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3224 - APPOINTS ATTORNEY - ADOPTED "RESOLUTION APPOINTING ATTORNEY - ASSESSMENT DISTRICT N0. 6602 - HUNTINGTON BEACH, CALIFORNIA," On motion by Green, Council waived further reading of Resolution No. 3224, and passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3225 - DESIGNATES NEWSPAPER - ADOPTED The Clerk read Resolution No. 3225 by title - 'RESOLUTION DESIGNATING NEWSPAPER - ASSESSMENT DISTRICT N0. 6602 - HUNTINGTON BEACH, CALIFORNIA." On motion by Bartlett, Council waived further reading of Resolution No. 3225, and passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ASSESSMENT DISTRICT MAP On motion by Green, Council directed the Assessment District Map - Assessment District No. 6602 - received and. Filed. Motion carried. Page #8 - Council Minutes - 1()/1')/ j() RES. NO. ?226 - APPROVES ASSESSMENT DISTRICT MAP - ADOPTED The Clerk read Resolution No. 3226 by title - "RESOLUTION APPROVING ASSESSMENT DISTRICT MAP - ASSESSMENT DISTRICT No. 6602 - HUNTINGTON BEACH, CALIFORNIA." On motion by Bartlett, Council waived further reading of Resolution No. 3226, and passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RE; . NO . 322'7 - PROVIDES FOR LIQUIDATED DAMAGES - ADOPTED The Clerk read Resolution No. 3227 by title - "RESOLUTION PROVIDING [;'OR LIQUIDATED DAMAGES - ASSESSMENT DISTRICT NO. 6602 - HUNTINGTON BEACH, CALIFORNIA." On motion by Bartlett, Council waived further reading of Resolution No. 3227 and passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3228 - ORDERING INVESTIGATION REPORT - ADOPTED The Clerk read Resolution No. 3228 by title - "RESOLUTION DETERMINING GENERAL NATURE OF WORK AND ORDERING INVESTIGATION REPORT - ASSESSMENT DISTRICT NO. 6602 - HUNTINGTON BEACH, CALIFORNIA." or) motion by Gibbs, Council waived further reading of Resolution No. 3228, and passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RES. 140. 3229 - APPROVES INVESTIGATION REPORT - ADOPTED The Clerk read Resolution No. 3229 by title - "RESOLUTION APPROVING INVESTIGATION REPORT AND SETTING TIME FOR HEARING THEREON- ASSESSMENT DISTRICT No. 6602 - HUNTINGTON BEACH, CALIFORNIA." On motion by Gibbs, Council waived further reading of Resolution No. 3229, and passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOE',,: Councilmen: None AR)SENT: Councilmen: None MEADOWLARK AIRPORT RECOMMENDATION The City Administrator stated that the staff and. his office have reviewed all materials and recommendations submitted by the Meadowlark Airport Committee and the Residents Against Airport Hazards (RAAH), pertaining to the methods which might be used to insure safer airport operations. He then proceeded to read. the report in full, which included recommendations on such basic issues as safety, traffic volume, use conditions and local control of the airport, and. listed the following recommended course of action: 1. The City staff be directed. to define and/or establish the authority and responsibility to enforce applicable legal codes pertaining to airports. 2. The City staff be directed to enforce local airport ground regulations and coordinate efforts with other appropriate agencies. wit °Fi Page #9 - Council Minutes - 10/19/70 3. The City take appropriate steps to insure that proper avia- tion authorities institute proceedings to require compliance with all existing air regulations. 4. Adopt new City codes necessary to provide a safe environment. 5. Request Council approval for the City to place the Heil.. Avenue lighting circuit underground in the vicinity of the runway; at a cost not to exceed $2,000. 6. Require the airport operator to install appropriate and legally required off -site obstruction lights. 7. Subject to satisfactory installation of off -site obstruction lights, permit limited night flying operations. 8. If the Conditional Exception by the Planning Commission to extend the runway is granted, the following staff recommenda- tions may be included as conditions of approval. (a) Reduce runway length in conformance with the Residents Against Airport Hazards' recommendation. (b) Install a blast fence in conformance with the Residents Against Airport Hazards' recommendation. (c) Remove those portions of the runway not permitted under the Conditional Exception. (d) Light the blast fence and trees now on the north property line. Limit the height of trees to 20 feet and :install obstruction lighting. �e� Provide proper dust control measures. f Post signs to inform pilots of proper use of airport and run-up area. (g) A one year review. Considerable discussion was held by the Council regarding the proposals set forth in the Administrator's report. A motion was made by Councilman Coen, that Recommendations 1 through 7 be approved; further, that if the Planning Commission should. approve the request for conditional exception, they consider including those restrictions recommended by Council as set forth in 8(d.) through 8(g) of the City Administrator's Report, together with limiting the runway extension to approximately 320 feet and installation of a blast fence approximately 100 feet distant from the northerly end of the runway, and a stipulation that night flying at Meadowlark Airport be prohibited from 10: 00 P. M. to sunrise. Motion carried. PUBLIC HEARING - CONDITIONAL EXCEPTION 70-44 - A. W. KNOX - REFERRED Mayor Shipley announced that this was the day and. hour set for a public hearing on an appeal filed by Mr. A. W. Knox to the granting by the Planning Commission of Conditional Exception No. 70-44, to permit the following: (1) Approximately 23 sing le family residences on 60 foot by 100 foot lots with frontage on a 5�+ foot wide street and. 150 foot wide channel on a 3.88 acre parcel of land; (2) approximately 75 town- house type apartment units with access to a 54 foct public street and 20 foot public alley on a 4.15 acre parcel of land• (3) approximately 280 one to three bedroom apartment units within a three-story buildings and one eleven story building with 75 boat slips on a 5.79 acre peninsula of land obtainin access from Pacific Coast Highway by way of a 60 foot strip of land.; ( ) approximately 260 commercial beat slips arad a commer- cial fuel dock on 7.9 acres of land; (5) Commercial buildings as follows: (a) single story retail shops and restaurant; (b) Four-story office buildings; and, (c) eleven -story 160 room hotel. Such commercial build- ings are to be located on a 13.97 acre parcel of land., on property located on the northeast side of Pacific Coast Highway between Anderson Street and Admiralty Drive in the Rl Single Family Residence District and C4 Highway Commercial District. The Clerk informed Council that all legal requirements for publication, notification and posting had been met and that he had received a letter from Mr. and Mrs. Robert G. Helfer, 3472 Gilbert Drive,City, opposing the granting of Conditional Exception 70-44, and a letter from Mrs. John S. Palmer, and. a petition from owners of 121 dwellings in the area favoring the granting of Conditional Exception 70-44. Page #10 - Council Minutes - 10/19/70 Mayor Shipley declared. the hearing open. Mr. A. W. Knox, the appellant, addressed Council and submitted a peti- tion listing approximately 47 residents of the area opposed to the Planning Commission's approval of Conditional Exception 70-44. Mr. Knox spoke at length regarding the reasons why he believed proper procedures were not being followed in granting conditional exceptions. He further stated that he believed the applicant had failed to show any hardship as a basis for requesting a conditional exception and stated that he believed said request should be denied by Council. Mr. M. E. Crahan Jr., Attorney representing the firm of Aaron and Barker, addressed Council and gave reasons why he believed Conditional Exception 70-44 should be denied. Mr. Gerald Jones, 167 Bayview Drive, Sunset Beach, representing the Board of Directors of the Sunset Beach Chamber of Commerce, spoke in opposition to Conditional Exception 70-44 stating that the area is not suitable for such high density development. Mr. Abe Lurray, representing Real Property Management, addressed Council and stated that his firm proposes a gradual zoning within the area, and. gave reasons why the development, as proposed is in conformance with good planning procedure. Mr. Harry Burford,17181 Westport Drive, representing the Huntington Harbour Property Owners Association, addressed Council and stated that approximately 80 percent of the organization favors the general plan as proposed by the developer. Mr. Ed Brady, 3271 Devon Circle, City, addressed. Council and urged approval of Conditional Exception 70-44 stating that every considera- tion should be given to firms who wish to develop this property in total. Mr. John Hoops, of Hoops, Gardner & Associates, architects for the pro -- posed development stated that the hardship in this case is the extreme difficulty in developing R1 property adjacent to that zoned for C4 development. Mr. Knox again add.ressed Council and. stated. that he believed the appli- cant should apply for a zone change in accordance with the Master Plan of the area. Councilman McCracken stated that he believed the project should. be developed under a conditional exception rather than by a request for zone change, as it affords the city more control over the quality of the proposed development. 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. 0n motion by Matney, Council referred Conditional Exceltion 70-4L back to the Planning Commission for a finding of fact and. a demonstration of hardship. Motion carried. A motion was made by Councilman Green to direct the Pl€.nning Comtri.ssion to consider reinstatement- of zone change 70-13, and res.dvertisement for hearing at the earliest date possible, but was witki.drawn before being voted upon. PUBLIC HEARING - USE PERFIT NO. 69-9 - APPEAL & WITHDRPWAL Mayor Shipley announced -,hat this was the day and. hour set for a public hearing on an appeal filed by Associated Southern Investment Comp3,ny and L and R Land Corpora�,ion to the decision of the Planning Commission to declare Use Permit 69--9 null and void for the reason that construction did not proceed without undue delay on a 97 unit mobile home park on approximately 10 acres with customary accessory buildings in the R5 Office -Professional District, located along the east side of Ward Street, north of Yorktown, between Ward and. the Santa Ana River. ."�,ti ; Page #11 - Council Minutes - 10/19/70 The Planning Commission subsequently reconsidered their action and extended for one week the time period with the stipulation that the applicant acquire all required. permits within said time. The applicant complied, and filed a notice of "Withdrawal and Abandonment of Appeal" on September 18, 1970. The Clerk informed Council that all legal requirements for publication, posting and notification had been met and that he had received no communi- cations or written protests to the matter other than the letter of appeal. Mayor hipley declared the hearing open. .['here being no one present to speak on the matter and there being no pro- tests filed, either oral or written, the hearing was closed by the Mayor. On motion by Coen, Council allowed the withdrawal of appeal without re- turn of the $75.00 filing fee, due to the fact that "Withdrawal" notice was filed too late to stop publication of public hearing notices. Motion carried. REQUEST FOR STREET ACCESS Mr. James De Guelle, 1071 California Street, City, regarding the street construction by the City which has made a large portion of Adams Avenue close to vehicular access. He stated that the only route for access to the businesses on that portion of Adams Avenue is through mud and vacant fields, and requested that the street be opened in some manner to provide access to those affected. businesses. The Public Works Director stated that the City was unable to obtain right-of-way or utility easements from property owners, which would have allowed the traffic Slow to continue. He stated that the city has made every effect to direct people through other routes to the businesses ixi that area. 114r. Charles Geer, 222 Adams Avenue, stated that business has decreased considerably during the week that the street has been shut off and that he believed notification should have been given by the city. The City Administrator stated that it should be recognized that the City has no control over construction strikes which cause projects to be delayed, but that the City, would of course, cooperate in any way possible to expedite completion of the street improvements. Councilman Coen asked if it were feasible to contact the property owners adjacent to the area to determine if they would agree to dedication of property, and was informed by the Public Works Director that the con- fii;uration of the property does not lend itself to dedication as it would render the remainder of the property useless. �]o action was taken on the matter. PROJECT "D" - REALIGNMENT OF PACIFIC COAST HIGHWAY On motion by Coen, Council directed that the Urban Land Institute Citizens Steering Committee be instructed. to continue with Project "D" pertaining to the proposed realignment of Pacific Coast Highway. Motion carried. PUBLICATION OF LEGAL NOTICES A motion was made by Councilman Coen, that the City Administrator be instructed to review the law pertaining to the publication of legal notices in newspapers and report on alternative methods available to the city, such as may be permitted by legislation; to effect- a savings of cost to the City. When put to a vote the motion carried. REQUEST FOR REPORT - CONDITIONAL EXCEPTION On motion by Coen, Council directed. that the City Administrator and City Attorney be instructed to review the law pertaining to Conditional Exceptions to determine the permissibility of allowing for greater lat- itude in deciding these matters. Motion carried. Page #12 - Council Minutes - 10/19/7C? RECESS The I,,layor called. an Executive Session of Council to discuss personnel matters with the Assistant City Attorney. Mayor Shipley then called a recess of Council at 10:30 P. M. and appointed Ted Bartlett to serve as Acting City Clerk at such time as Council is reconvened. COUNCIL RECONVENED Mayor Shipley reconvened the Council at 11:30 P. M. RESIGNATION - ASSISTANT CTT'Y ATTORNEY On motion by Matney, Council accepted the resignation of Miss Lou Arn Marshall, with regrets, effective as of November 15, 1970. Motion carried. ADJOURNMENT On motion by Matney, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:35 P. M. Motion carried. 1 City Clerk and-officio Clerk of the City Council of the City of Huntington Beach, California Donald D. Shi Mayor ATTEST: Paul C. ones City Clerk