HomeMy WebLinkAbout1971-01-04MINUTES
Council Chamber, Civic Center
Huntington Beach California
Monday, January 4, 1971
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.
ROLL CALL
Councilmen Present: McCracken, Bartlett, Gibbs, Green, Coen, Shipley
Councilmen Absent: Matney
CONSENT CALENDAR ITEMS APPROVED
On motion by Green, the following consent item was approved as recom-
mended by the following roll call vote:
AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Coen, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Matney
1. MINUTES - Approved and. adopted minutes of the regular adjourned
meetingof December 21, 1970, and the minutes of the regular meeting
of December 21, 1970, with correction noted, as written and on file in
the office of the City Clerk.
RESOLUTIONS
On motion by Coen, Council directed the Clerk to read Resolution Nos.
3273, 3257, 3274, 3275, 3276, and 3277 by title, waived further reading
and passed and adopted same by the following roll call vote:
AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Coen, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Matney
RES. NO. 3273 - ADOPTED - SETTLEMENT OF CLAIMS & LEGAL ACTIONS
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR-
IZING THE CITY ATTORNEY TO SETTLE CERTAIN CLAIMS AND LEGAL ACTIONS ON
BEHALF OF THE CITY AND AUTHORIZING THE CITY ADMINISTRATOR TO APPROVE
SOME SUCH CLAIMS."
RES. NO. 3257 - ADOPTED - ESTABLISHES H.B. ENVIRONMENTAL COUNCIL
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTAB-
LISHING THE HUNTINGTON BEACH ENVIRONM11NTAL COUNCIL."
RES. NO. 3274 - ADOPTED.- ESTABLISHES FEES - MUNICIPAL PARKING FACILITY
"A RESOLUTION OF THE CITY COUNCIL OF ''HE CITY OF FUNTINGTON BEACH ESTAB-
LISHING PARKING FEES IN MUNICIPAL PARKING FACILITY'."
RES. NO. 3275 - ADOPTED - SEWER REIMBURSEMENT - H'R AGRMT . 70-S 1
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR-
IZING THE EXPENDITURE OF MONEY FROM THE SEWER FUN!)."
RES. NO. 3276 - ADOPTED - PROPOSED POLICY - SCAG
"A RESOLUTION OF THE CITY COUNCIL OF '[HE CITY OF HUNTINGTON '3EACH URGING
THAT SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS {SCAG} CONSIDER THE
ADOPTION OF A POLICY TO OPPOSE ANY BI2�L ON A STAT11 OF FEDEPJ.L LEVEL
WHICH DOES NOT INVOLVE LOCAL GOVERNMENT IN THE DECISION -MAKING PROCESS
REGARDING THE ORDERLY PHYSICAL DEVELOPMENT OF A REGION."
162
Page #2 - Council Minutes - 1/4/71
1v0. .,27'( - ADOPTED - EXECUTION OF CONTRACT - OPEN SPACE PUFP0,',L,,
"Il Ol{' T11E C:4TY COUNCIL 010 THE CITY OV 1JLJN''1NGTON BEACII
APPROVING AND PROVIDING YOR THE EXECUTION OF A CONTIi.ACT UGH GliANT 'J.'U
ACQUIRE AND/OR DEVELOP LAND FOR OPEN -SPACE PURPOSES NO. CALIF-OSD-464(G)
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE UNITED STATES OF
AMERICA . "
RES. NO. 3262 - DEFERRED - CONSTRUCTION OF ROUTE 39 FREEWAY
The Clerk presented Resolution No. 3262 for Council's consideration -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE-
QUESTING THE STATE DIVISION OF HIGHWAYS, DISTRICT VII, TO PLACE A HIGH
PRIORITY ON CONSTRUCTION OF THE ROUTE 39 FREEWAY."
Following discussion, on motion by Green, Council directed that adoption
of Resolution No. 3262 be deferred until such time as the report regard-
ing a possible change in route is received from staff and the Urban
Land Institute - Citizens Steering Committee on Highways, and further
directed that such report be presented to Council at the February 1, 1971
meeting. Motion carried.
REQUEST - H,B. YOUTH COALITION COUNCIL
Miss Barbara Nelson, President of the Huntington Beach Youth Coalition
Council, addressed Council and requested aid in locating a suitable
building in which to hold. their meetings. She stated that the Youth
Coalition Council was interested in the possibility of meeting at the
Pyles Boys Camp building located at Beach Boulevard and Indianapolis.
During the discussion held on the matter, the Director of Harbors,
Beaches, and Development stated that a small meeting room in the Junior
Lifeguard Headquarters was available for use by their group.
Mayor Shipley suggested. that the Youth Coalition Council contact
Mr. Moorhouse to make further arrangements in this matter.
MASS TRANSPORTATION SYSTEM
Mr. Rodney Jones add.ressed Council and requested permission to work
with the staff in an effort to establish an agency which would be eligible
to receive Federal funds for the financing of community projects including
a transportation system.
The Council granted permission to Mr. Jones for this project and informed
him that the staff would be available to lend. assistance in this effort.
EMPLOYMENT OF PROJECT MANAGER - APPROVED
The City Administrator addressed Council regarding his recommendation
concurred in by the Director of Public Works, that a Project Manager
be employed during the course of construction of the Civic Center and
Library facilities.
The Director of Public Works stated that the decision -10 employ a Project
Manager was made after several months of consideration, and compared to
other alternatives, would. prove to be the most practic,l and ecor..Dmical
means of protecting the City's interest during construction.
Discusslon was held by Council on the matter.
On motion by Bartlett, Council approved the recommend.ac,ion of the Admin-
istrator and Director of Public Works to employ a Project Manager to
represent the City, during the course of construction )f the Civic
Center and. Library facilities. Motion carried.
On motion by Green, Council directed that the Personnel Board, ix. cooper-
ation with the staff and Councilman McCracken, prepare a job des(:ription
for the employment of a Project Manager. Motion carried..
Page #3 -- Council Minutes - 1/4/71
Councilman Coen stated that as Chairman of the Systems Analysis committee,
he would interpret this action to supercede previous Council direction
to the Systems Analysis Committee pertaining to their responsibilities
for making recommendations in this area.
EMPLOYMENT OF CONSULTANT FOR TOPICS STUDY - LAMPMAN & ASSOCIATES
The City Administrator informed. Council of a recommendation by the
Director of Public Works that the city employ a consulting firm familiar
with the work involved in performing the TOPICS study, which will enable
the city to expend. the federal funds available for traffic operation
improvements. He stated. that Mr. Wheeler was present to speak further
on the matter.
Mr. Wheeler informed. Council that his office had. asked for and received
proposals from three qualified. firms, and recommended that the firm of
Lampman & Associates, Pomona, California, be employed as consultants to
perform the TOPICS study, and. requested. that Council authorize the Mayor
and City Clerk to execute a contract with this firm for this service.
On motion by Green, Council approved the selection of the firm of
Lampman & Associates to perform the TOPICS study, and. directed the
Mayor and City Clerk to execute an agreement with said firm on behalf
of the City. Motion carried..
CONSTRUCTION OF ADDITION TO OVERMYER RESERVOIR
The Director of Public Works informed Council of the imminent construc-
tion of an addition to the Overmyer Reservoir, and explained thene�es-
sity of removing from the site construction materials stored thereon.
He stated that arrangements for a new location for storage have been
made with Sully Miller Construction Company at their Gothard and Ellis
Yard for a 90 day period..
Councilman McCracken requested and was granted permission to abstain
from voting on this matter.
On motion by Bartlett, Council authorized the Mayor and City Clerk to
execute on behalf of the City, an informal agreement with the firm of
Sully Miller for the lease, at no cost to the City, of two acres of
property located at Ellis Avenue and Gothard. Street from January 4, 1971
to April 8, 1971 to store construction materials temporarily. Motion
carried, with Councilman McCracken abstaining from the vote.
On motion by Bartlett, Council authorized. the Mayor and City Clerk to
execute an agreement with the successful bidder for the excavation of
dirt from the Overmeyer reservoir. Motion carried with Councilman
McCracken abstaining from the vote.
ORDINANCES FOR ADOPTION
On motion by Green, Council directed the Clerk to read. Ordinance No. 1621
by title, waived further reading and. passed and adopted same by the
following roll call vote:
AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Cc;en, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Matney
ORD. NO. 1621 - ADOPTED - ZONE CASE NO. 70-6
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE FUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PRGVIDE FOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED WEST OF BROOKHURS':' STREET
AND SOUTH OF GARFIELD AVENUE (ZONE CHANGE CASE NO. 70-6),11
ORDINANCES FOR INTRODUCTION
Mr. Neil Thomas, Acting Secretary of the Southeast Huntington Beach
Property Owners Association requested and. was granted permission to
address Council regarding Ordinance No. 1622.
Page ?:r1 - Council Minutes - 1/4/71
Mr. 'Thomas informed Council of the organization's opposition to the
adoption of Ordinance No. 1622, as they believe the proposed use of
the property deviates considerably from the Master Plan of the area.
Discussion was held between Mr. Thomas and Council on the matter,
however, no action was taken.
On motion by Bartlett, Council directed the Clerk to read Ordinance
No. 1622 and Ordinance No. 1623 by title, and waived further reading
by the following unanimous roll call vote:
AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Coen, Shipley
NOES: Councilmen: None
ABSENT. Councilmen: Matney
ORD. NO. 1622 - FIRST READING - ZONE CASE NO. 70- 2
"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 SOUTH SIDE OF HAMILTQN
AVENUE AND EAST OF BUSHARD STREET (ZONE CHANGE CASE NO. 70-25).
ORD. NO. 1623 - FIRST READING - FEES - MUNICIPAL PARKING FACILITIES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY REPEALING SECTIONS 7531.6.2 AND 7531.6.3
PERTAINING TO FEES CHARGED IN MUNICIPAL PARKING FACILITIES."
REPORTS - COUNCIL COMMITTEES
Oil Committee
Councilman Green stated that the Oil Committee has been workir4 on a
proposed ordinance which will make sections of the oil code rel,tive
to site beautification, safety standards and cleanup requirements more
restrictive:, arid. that a draft of this proposed ordinance will be pre-
sented for Council's consideration at the 1i'ebruary 1, 1971 meeting.
COMMENTS FROM COUNCIL
Councilwoman Gibbs informed. Council that she had received a communica-
tion from the American Association of Unive-rsity Women urging the :amity
to consider the establishment of an Industrial Development Commission
under City Charter, which would work with the City's Economic Develop-
ment Officer in advising and proposing plans to the Council for the
attraction of industrial and commercial development in the city.
Mr. Ralph Kiser, Manager of the Huntington Beach Chamber of Commerce,
was asked by Council if he had any comment on the matter, and stated
that he would present the Chamber's recommendations at the next Council
meeting.
No action on the matter was taken by Council at this time.
SLAG General Assembly Meeting
Councilman Green stated that the General A,ssembl;y meet ng of t4e rojutharn
California Association of Governments would be held Ja.r,),axy fit' afiil 1.1,
1971 in the Newporter Trui in Newport Beach, at which t � m they wi tl. hold
a joint meeting with the "SCAG Tomorrow" Committee to < eterrrii.ne t le
future role of SCAG in regional planning rrLLtters, and (.=xtended an invita-
tion to all councilmen to attend said. meet-_ng.
RECESS
Mayor Shipley cared a r.cess of the Counc:__1 at 6.00 I.M. Counc' 1 was
reconvened at 7:30 P.M. 'Dy the Mayor.
Page S5 - Council Minutes - 1/4-/77_
APPEAL - TD_. E UELL -- EARCO OIL COMPANY - ':HAR11NG SIi�`f
` he Clerk read a letter of appea.,]_ from Charles E,: Cather, representing
Catl'ier & Cree oil Cornpanyr, 2P92 Long, Beach Blvd., Long Beach, to the
Oil Field Superintendent's dec-:sign ftat their we11 "B20wn'' 1, locat,eci
on the north side of Memphis A.veiiue approximately BOCI east of Delaware
Street, is are idle well under Section 2331.27 of the Euntingtor, Beach
Ordinance Code, and that within 90 days the owner shall clean and
restore the drill site in conform.~ ty Uo t�:.e Ai=tington Beach Ordinance
Code.
On m.otiun by Green, Coi.i:e.cil directed. -that a i;=i;.bl.iu hearing an this
m '-ter be set for the meeting of Jan-imry 1.8_, 1971. Motion .tarried .
APPEAL - -LD]_E WELL - CATz�rR, ROti^��-;.11 c O PA.1--- z1EARING SET
The Clerk read a let ter of appeal from Cha°, les E . Cather representing;
Cather, Rowan & Barnes Company, 2292 Long Beach Blvd.., bong Beach, to
the Oil_ Field Superintendent's decision that; their well D.B.
Located on Lot 2 in Block 14 of Tract 86, Is an idle well under
Section 2331.2'r of the Huntington Beach O.r°dlr,ance Code, and that witili ri
90 da.ys the owner shall. clean and restore the drill. site in conformity
to the Huntington Beach Ordinance Code;.
0-. motion b-y! Coen, Co-i-n,2il directed Iiealcing on this
be set for he i:zeeti.ng of -. a.nizar"y- 1 , i �'; 1 '.ati-in ca.rri sd =
ED ti CtV t1IGE SCHOOL C014,11 ,I.:NFUE"'.7 C . T.F. F' .?T-P_A.,:LL
Mayor Shipley introduced. r. ie r✓t,aff o y'
School and congratulated them ori. ,f l ,C InF. t;''1'e Cali fr:=icy
11'cdex<wf,a_e}n Soatl.c.ri Secc;:z.., r Aki. I1'c.c;t�L IJ.l C,'haY.p.ior-ship. Th:- 1�^yor t i�� i
read Readl'.?.tion 1\10ink ,ham :; c ;'i', fOC' t1ij_.� i ,_- t�..ndi :.
accomplish lent .
REQUEST k IJ 1Z i1.C'��:OG�`. .l..f _I lj Tl,i -- NUN! C_�.-ir',L"J.€ _71-C _.,~:]lira lS
Tne %C Ler lk I.rc:se;nt 'd a commi.�r�� f =:'r,rr! the
c t3C I7 ecale t s th.r t ti1 ;7. r.'L z r
>.r,.p7_oyer7 �'_sscc:i_r�, r- s �_1�� � :- �rz :i. ate -._i b,�
as an of.°f'I-c:ial. ernplr�y o:-gasiizatic�:��.,
1' ly itAdm7]11St7'c,t[)L' z] f ( LF;i C Cot:.L1 =h. ,t he C'J"I:-'M.-
"v
of ,he Pe rs,cnnol Ot'y is er t I.,,..t t,1ie City tin gage theof Tho 1 elf fcvn7_ci, S't,_;,te Col,c il. I j-at.I.on Se:clJice to (7.on`al.t[_'tan
deteliii_ri.: i,he rajOri.ty �--eprese;.-t,atl.ve c,._ all nOn- afe.ty cempJ.c:;ye,-, iCi
the City: He stated t1t.,,t, the ti.c.ads of Drti_ tr.e
Associ��tion and the City Employ es' A.ssoc_aF.e>n have indicated
this is acceptable to their or aniz L,,t:ions .
Mayor Shl-pley stated t-h.at tie CorL7ci.l tiTci.lc accc:ct. the �ecwor:c: _.-----
of t:t7e Pe somiel Officer Gnd City Pr_d c]rJered
defef_e:d orr this matter 'ritil. t1ie e1ectioa,_ is he la to deter :ir,v t
majority representative of the noii--safety city employees.
11C 1i Pl - OUTDOORvONS
The C,I_erk presented a C i by T.
ivtunicipal Sign Code Vly.jeiz
per ai nuiri ;i_ blllbo .rd's T:, 1s it . �.i<,n r .... ,p. _ k _ r t, i.1_'.
req-aest and the City Att,o-ney
}
adoption of a similar ord_f_nancv by f;Ii'_, City.
CL. "
n iT1Q - 0 ]. r l r` _ r jT ,C)" , ,. t��i ��':�.0 -{ r -:rC C ?;� �I
Attorney' o"f' i_ e c-f +,J'-�e A-,. rci7,,J 1) �fi: .. 1.C; 7
Motion
,.-.
is - _ t}
I'he C:l r`?1. i) C 'c t: G %?. l: i4_ - 1_c.. €. " i
mend i_zig the f t t1" :r
I'ar'S_ iff Coo,ar!c,, 1 de -c-'E � t;''C, t fii:,t �
at oth�,,!'d Strc'tit.
Page #6 - Council Minutes - 1/4/71
On motion by Coen, Council accepted the recommendation of the Planning
Commission and approved the adoption of Alignment "D" of Talbert Avenue
between Gothard. and Edwards Streets. Motion carried.
PUBLIC HEARING - ZONE CASE NO. 70-23 - APPEAL - LA CUESTA - GRANTED
Mayor Shipley announced that this was the day and hour set for a public
hearing on an appeal filed by Donald B. Ayres, Jr. on behalf of La Cuesta,
Newport Beach, to the denial by the Planning Commission of a request
for a change of zone from RA-0 Residential Agricultural District, com-
bined with oil production, to R5 Office Professional District, on
property located, at the northwest corner of-Brookhurst Street and. Atlanta
Avenue.
The. Clerk informed Council that all legal requirements for notification,
publication and. posting on said public hearing had been met and that he
had received. no communications or written protests to Zone Case No.
70-23 other than the letter of appeal.
Mayor Shipley declared the hearing open.
Mr. Donald Ayres, Jr., representing Frank Ayres and. Son, addressed
Council and. requested approval of the requested. zone change and gave
reasons why he believed. the proposed development would. not be detrimental
to the adjacent residential property.
Mr. Kenneth West, 10101 Stoneybrook Drive, City, addressed Council in
opposition to the zone change; stating that he believed. there is presently
a sufficient amount of commercial property in the area.
There being no one further to speak on the matter and. there being no
further protests filed either oral or written the hearing was closed by
the Mayor.
On motion by McCracken, Council overruled the decision of the Planning
Commission; approved Zone Case No. 70-23 and, directed the City Attorney
to prepare an ordinance effecting the change of zone. Motion carried.
PUBLIC HEARING - ZONE CASE NO. 70-24 - APPEAL - LUTHERAN'CHURCi - DEFER-M
Mayor Shipley announced that this was the day and hour set for a public
hearing on an appeal filed by Roger D. Slates, agent for the Southern
California District Lutheran Church, to the denial by the Planning
Commission of a request for a change of zone from R1 Single Family
Residence District to C4 Highway Commercial District, with a 50 foot
setback from the ultimate right-of-way line, on property located on the
west side of Springdale Street, approximately 192 feet north of Heil
Avenue.
The Clerk informed Council that all legal requirements for notification,
publication and posting on said. public hearing hadbeen met, and that
he had received no communications or written protests to Zone Case
No. 70-24 other than the letter of appeal.
Councilman Green requested. and. was granted permission to abstain from
consideration of this matter due to a possible conflict of interest.
Mayor Shipley declared the hearing open.
Mr. Roger Slates, 1701 Main Street, City, ,7epresenting the applicant,
addressed Council and requested approval of the zone change and gave
reasons why he believes a commercial use of the property is justified.
Councilman Coen asked. if the Traffic Department had. been consulted
regarding the ingress and egress to the property and the Public Works
Director replied that to date, no study had been made.
Discussion was held between the Council and Mr. Slates.
Mr. Edward Schaad., 16542 Los Verdes Lane, City, addressed Council in
favor of the zone change.
1
Page #7 - Council Minutes -- 1/4/71
Mr. Vard W. Welch, 16412 Fairway Lane, adjacent property owner, addresse,
Council and stated that he opposed the requested change of zone as he
believed there was no justification for allowing commercial zoning to
abut the residential property in this area.
Mrs. D. J. Armstrong, 16372 Fairway Lane, adjacent property owner,
addressed Council in opposition to the proposed change of zone as she
believed it was entirely incompatible with the surrounding area.
Mr. Bob Sutake, 6012 Annette Circle, addressed Council and. urged them
to reaffirm their previous decisions and deny a change of zoning on
this property.
Mr. Henry Duke, 16372 Fairway Lane, City, Planning Commissioner, and
resident of the area, stated that he believed commercial zoning was
unsuitable to the area.
Mr. W. P. Burkness, 16342 Fairway Lane, adjacent property owner addressee
Council in opposition to the change of zone as he believed the proposed
use was incompatible with the surrounding area.
There being no one further 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 Councilman Bartlett to overrule the Plariring Com-
mission and grant Zone Case No. 70-24. When put to a vote the motion,
with Councilman Green abstaining from the vote, failed to pass.
On motion by Coen, Council deferred decision on Zone Case No. 70-24 and
referred the matter to the Planning Commission to consider `he rezoning
of a parcel 100' long on Springdale and 150' deep with the iroosition
of those conditions permitted by law to preserve the integrity of the
strip of property lying behind the subject property as it relates to
the existing R1 development. Motion carried, with Councilman Breen
abstaining from the vote.
PUBLIC HEARING - CE 70-44 (BZA) - APPEAL - RICHARD M. PARR.t" - DENIED
Mayor Shipley announced that this was the day and. hour set for w pclic
hearing on an appeal filed by Richard M. Parry, 18544 Beach City,
to the denial by the Planning Commission of Conditional Exception
No. 70-44 (Board of Zoning Adjustments) to permit the follow:-r_
two 24 square feet in area secondary pole signs on front and exterior
side property lines located. at a distance less than 100 feet FrLry the
corner pole sign; (2) tire displays having more than the ten t :rev -er-
mitted by the Huntington Beach Ordinance Code; (3) a number of pen?nant,s
to be used as a permanent display from light standards to ma—r structure
in lieu of such signs being used as temporary signs for special e-rents
such as grand opening, change of ownership, etc. The subject roperty
is located on the northwest corner of Beach Boulevard and Warner Avenue
in the C4 Highway Commercial District.
The Clerk informed Council that all legal requirements for
publication and posting on said publ?c hearing had been met 3LnT t,Ar
he had received no communications or written protests to Co ditirr�l
Exception No. 70-44 (Board of Zoning ;adjustments) other thar. fi letf:fir
of appeal.
Mayor Shipley declared the hearing op,.n.
There being no one present to speak of the :ratter and there being no
protests filed either oral or written, the hearing was closed by the
Mayor.
On motion by Gibbs, Council sustained the decision of the Planning Com-
mission and denied Conditional Except Lon No. 70-4-4 (BZA) . 110tior
carried.
Page #8 - Council Minutes - 1/4/71
PUBLIC HEARING - MEADOWLARK AIRPORT - CE 70-50 - APPEAL - GRANTED
Mayor Shipley announced that this was the day and. hour set for a public
hearing for the purpose of considering an appeal filed by Councilman
McCracken to the decision of the Planning Commission to revoke and.
declare Conditional Exception No. 70-50 null and void. Said. Conditional
Exception would permit a 500 foot expansion to an existing runway at
the Meadowlark Airport, and allow two existing trailers to be used for
temporary office and. flight school, on property located on the north
side of Warner Avenue, east of Bolsa Chica Street in the Rl Single
Family Residence District.
The Clerk informed Council that all legal requirements for notification,
publication and posting on said public hearing had been met and that
he had received written protests to the Planning Commission's decision
to revoke and declare Conditional. Exception No. 70-50 null and void.
He read a communication from residents of the area requesting that the
decision of the Planning Commission, declaring Conditional Exception
No. 70-50 null and void, be upheld by the Council.
Councilman McCracken stated that Conditional Exception 70-50 was
approved. by the Planning Commission on October 20, 1970 and modified
on October 28, 1970, with conditions which were required to be completed
within 60 days. He stated that because there was general confusion
and disagreement regarding these conditions, the Board of Zoning Adjust-
ments was not able to act on the matter until November 18, but the
deadline for completion remained. December 15, 1970. Councilman McCracken
further stated that, as the applicant did not have control of the
elapsed time loss, together with other factors, he believed that the
action of the Planning Commission should be reconsidered.
Mayor Shipley declared the hearing open.
Mr. Tom Livengood, 5461 Meadowlark Drive, City, Residents Against
Airport Hazards Committee member, addressed Council and stated that
he believed the decision of the Planning Commission should be upheld
due to the lack of co-operation which he believes has been demonstrated
by the airport management.
Mr. Albert H. Ward, 5421 Heil Avenue, City. ad.d.ressed. Council and
stated that he believed that if the applicant had complied with the
requirements at the time they were imposed by the Planning Commission,
that the time factor would. have proved to be of no consequence.
Mrs. Linda Whitman, resident of the area, addressed Council and stater
her opposition to Conditional Exception 70--50 as she believes the a_r-
port management is making no effort to comely with the safety conditiono,
imposed by the city.
Mr. Kenneth Hauk, 5331 Heil Avenue, City, addressed Council and state,-'*
his opposition to Conditional Exception 70-50, due to the airport an-
agement's lack of compliance with the conditions imposed by the Planning
Commission and City Council.
Mr. Martin S latta, 5421 Dunbar Street, City, addressed Council and
stated he opposed Conditional Exception No. 70-,50 as the cond.iticn
which prohibits night flying has repeatedly been violated by pilc:t
with no effort being made by the airport rr:.�,na ement to come yt
abuse.
Mr. John Turner, 5141 Warner Avenue,
addressed Council and expressed his
the residents have encountered due t
stated. that he has endeavored to cote
by the Planning Commission and. Counc
Meadowlark Airport. In response to
by Councilman Green, Mr. Turner stat
instructors and pilots of the stipul
the airport.
City, Manager of Meadowlark Airport
concena regarding the probletrs which
o airp,,)rt operations. He further
ply with all requirements iml used
_l for the safe operation of
�Ln inq -.iry regarding night flying
�d thathe had. in�ormed all i'light
3.tion against night operations at
Page #9 - Council Minutes - 1/4/71
Mr. R. D. Dickson, 7211 Siena Avenue, City, addressed Council and stated
that it should be remembered that Mr. Turner originally installed the
runway extension for the purpose of providing for safer aircraft depar-
ture thereby increasing the safety factor for the homes adjacent the
runway.
Mr. B. L. Hoffman, 5402 Caliente Drive, City, addressed Council and
stated. that she believed that the airport management was totally ignorinc
the condition requiring that might flying be eliminated at the airport.
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.
On motion by McCracken, Council overruled the decision of the Planning
Commission and approved Conditional Exception 70-50 with conditions
as imposed by the Planning Commission together with the following
additional conditions:
(1) that until the State issues a permit to allow night flying,
night flying be prohibited and runway lights turned. off from
sunset to sunrise;
(2) that, after the State issues a permit to allow night Flying,
night flying be prohibited and runway lights turned off from
two hours after sunset or 10:00 P.M., whichever first occurs,
to sunrise;
(3) that any violation of any condition set forth by this Con-
ditional Exception, including the two above conditions,
will be grounds for suspension or revocation of sa-d con-
ditional Exception, on previous notice to applicant and
hearing by the City Council.
Motion carried.
The Clerk was directed by Council to forward a certified copy of this
action to the appropriate State Agency.
PUBLIC HEAPING -- RES. OF INTENTION '�245 - UNDERGROUND U ILI3-j DIST.
Mayor Shipley announced that this was the day and hour set for a public
hearing to ascertain whether the public necessity, health, safety or
welfare requires the removal of poles, overhead wires and a4�ociated
overhead. structures and the underground installation of wires and facil-
ities for supplying electric, communication, or other assocated
services in the District hereinabove described.
The Clerk informed. Council that all legal requirements for notification,
publication and posting on said public hearing had been met a_rd that
he had received. no communications or written protests against the forma-
tion of said underground utility district.
Mayor Shipley declared. the hearing open.
There being no one present to speak of the matter and. there ig no
protests filed either for or against the hearing Eras cJ.osed ;! the Ma.y€ r
The Clerk was directed to read Resol-a tion No. 3272 by title - "A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTGN BEACH ES` 'ABLISHING
UNDERGROUND UTILITY DISTRICT NO. 71-"
On motion by Coen, Council waived further readinL. of Resolu.,ion No. 3272I
and passed and adopted. same by the following roll call vote: 1
AYES: Councilmen: McCracken, Bartlett, Gibb.rv, Green, C;-)en, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Matney
Page #10 - Council Minutes - 1/4/71
ADJOURNMENT :.
On motion by Gibbs, the regular meeting of the Ci-t.y Council adjourned.
at 10:45 P.M. Motion carried..
au 1 C. es
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
R a
8 wm'�
WIN-
-- •`1 el
s
ATTEST:
Paul C. ones
City Clerk