Loading...
HomeMy WebLinkAbout1972-03-06MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, March 6, 1972 Mayor McCracken called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 P.M. STUDENT GOVERNMENT DAY PARTICIPANTS Mayor McCracken introduced students from Edison High School, Marina High School and Huntington Beach High School who were participating in the City sponsored Student Government Day, and called on the stu- dent Mayor to call for the Pledge of Allegiance and Invocation. The roll call of Council was taken by the Student City Clerk. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend Charles L. Rose, Community United Methodist Church. ROLL CALL Councilmen Present: Gibbs, Green, Coen, Matney Shipley - (arrived 4:43 P.M.) Bartlett - (arrived 7:30 P.M.) Matney - (arrived 7:30 P.M.) Councilmen Absent: None CONSENT CALENDAR - ITEMS DELETED At the request of Councilmen Green, the Mayor directed that Item ##10 pertaining to reappointments to the Environmental Council, be deleted from the Consent Calendar for separate discussion. CONSENT CALENDAR - ITEMS APPROVED On motion by Green, the following items were approved as recommended by roll call vote: AYES: Councilmen: Shipley, Gibbs, Green, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Matney 1. MINUTES - Approved and adopted minutes of the regular meeting of February, 1972, as written and on file in the Office of the City Clerk. 2. NOTICE OF COMPLETION - 22ND STREET STORM DRAIN EXTENSION - CC-18 Accepted work on the 22nd StreetStorm rrain Extension - - , com- pleted by Lomar Corporation, for a final contract amount of$51,019.00, and directed the Clerk to file a Notice of Completion with The Orange County Recorder. /o8 3. DEDICATION OF IMPROVEMENTS - TRACT N0. Ol - LA CUESTA - Accepted improvements dedica ed to public use in Tract No. 7091 - located on the west side of Brookhurst Street, north of Atlanta Avenue; authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond, and the termination of the Subdivision Agreement, and directed the Clerk to notify the developer and the Treasurer to notify the bonding company of this action. 4. SUBDIVISION AGREEMENT - TRACT NO. 7656 - GOLDENWEST PARTNERSHIP Accepted onument tond No.7=7=3-0ban Improvement Bon No. 71023-05 (Employers Commercial Union Insurance Company ; approved and authorized execution of the Subdivision Agreement for Tract No. 7656, as recommended by the Director of Public Works. iap 5. FINAL TRACT MAP NO. 6151 - PALOS VERDES DEVELOPMENT - APPROVED Accepted offers of dedication as shown on Final Tract Map No. 6151 located on the south side of Heil Avenue, 1320 feet west of Bolsa Chica Street; Acreage: 2.422; Lots: 7; Developer: Palos Verdes Devel- opment, Lomita, California; adopted the map subject to standard con- ditions set forth by the Department of Public Works and Planning Department in Resolution No. 3056, adopted October 20, 1969, with the additional stipulations that the final map shall be recorded prior to expiration of Tentative Tract Map No. 6151 on January 18, 1973, 2g13 Page #2 - Council Minutes - 3/6/72 and that Park and Recreation fees shall be paid prior to recordation of the final map. Further instructed the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt of a writing from such company stating that it will not record said map or cause it to be recorded until all conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. 6. DEDICAT Accepted im located sou the release went Bond, Agreement, Treasurer t ON OF I - TRACT - PALOS VERDES DEV provemenzs aeaicazea zo puoiic use in Tracz no. I�7 - th of Heil Avenue and east of Algonquin Street; authorized of the faithful performance portion only of the Improve - the Monument Bond, and the termination of the Subdivision and directed the Clerk to notify the developer and the o notify the bonding company of this action. 7. DENIAL OF ZONE CASE NO. 71-49- APPROVED - Approved the recom- mendation o the Planning Commission and denied Zone Case No. 71-46, on property located on the east side of Edwards Street, 990 feet north of Garfield Avenue - 5.0 acres, for a change of zone from RA-0 Residential Agricultural District, combined with oil production, to M2 Heavy Industrial District. 42i 8. DENIAL OF ZONE CASE NO. 72-9 -- APPROVED - Approved the recom- mendation of the Planning Commission and denied Zone Case No. 72-92 on property located on the south side of Ellis Avenue, 660 feet west of Goldenwest Street - 4.78 acres - for a change of zone from RA-0 Residential Agricultural District, combined with oil production, to M1-0 Light Industrial District, combined with oil production. 9. FINAL TRACT MAP NO. 7442 - THE McMICHAEL CO. INC. - APPROVED Accepted oTTers of dedication as shown on Final Tract Map No. 7442 located north of Oswego Avenue, between Huntington and Delaware Streets; Acreage 5.643; Lots: 25; Developer: The McMichael Co., Inc., Fullerton, California; adopted the map subject to standard conditions set forth by the Department of Public Works and Planning Department in Resolution No. 3056, adopted October 20, 1969, with the Additional stipulations that the final map shall be recorded prior to expir- ation of Tentative Tract Map No. 7442, on August 3, 1972, and that Park and Recreation fees shall be paid prior to recordation of the final map. Further instructed the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt of a writing from such company stating that it will not record said map or cause it to be recorded until all conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. 31 REAPPOINTMENT REQUESTED - H. B. ENVIRONMENTAL COUNCIL - APPROVED The Clerk presented a communication from Margaret Carlberg, Chairman of the Environmental Council, recommending the reappointment of Mrs. Shirley Dettloff, Mr. William E. Foster and Dr. Robert E. Winchell to the Environmental Council. In response to a question by Councilman Green, Mrs. Carlberg informed the Council that all interested persons in the community are invited to submit their applications for appointment to the Environmental Council, and that any recommendations which the Council might have for appointments would be welcomed. On motion by Green, Council reappointed Mrs. Shirley Dettloff, Mr. William E. Foster and Dr. Robert E. Winchell to a four year term of service on the Huntington Beach Environmental Council to expire February 1, 1976. The motion was passed by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Shipley, Gibbs, Green, Coen, McCracken None Bartlett, Matney Z94 Page #3 - Council Minutes - 3/6/72 i0- CONTRIBUTION TO AID - PRESENTATION A presentation was made by Fire Chief Picard to the Orange Countyy A.I.D. United Givers Division Manager, Jack Collins, pleding $8048.48 to the A.I.D. Program for the year 1971-72, from the employees of the City of Huntington Beach. Mayor McCracken, on behalf of the Council, thanked the City employees for their participation in the AID Program and commended Fire Chief Picard for his dedicated work on said Campaign. TRAFFIC SIGNALS INSTALLATION - CC-201�- READVERTISE FOR BIDS The Clerk presented a transmittal from the Director of Public Works of Plans and Specifications for the traffic signal installation on Springdale Street at the east entrance to Marina High School - CC-201. The Clerk informed Council that inadvertantly, advertising for this project had not appeared in the Green Sheet Edition of the Dodge Con- struction News, a trade publication, and that it was his recommendation that this bid item be deleted from the agenda and the project readver- tised for bids. On motion by Shipley, Council authorized the City Clerk to readvertise for bids for Project CC-201 - Installation of traffic signals on Springdale Street at the Marina High School Entrance, by the following vote: AYES: Councilmen: Shipley, Gibbs, Green, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Matney REQUEST FOR INFORMAL STUDY SESSION - COUNCIL & PLANNING COMMISSION The Clerk presented a communication from the Chairman of the Planning Commission requesting that Council schedule an informal study session during the month of March to discuss the Town Lot Study and Planning Commission projects for 1972. Following discussion, on motion by Shipley, Council directed the City Administrator to schedule an informal study session between the Council and Planning Commission during the month of April, following the Municipal Election. The motion was passed by the following vote: AYES: Councilmen: Shipley, Gibbs, Green, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Matney a REQUEST TO BE ABSENT FROM CITY - CITY ADMINISTRATOR - GRANTED The City Administrator requested permission to be out of the City on March 8-10 to attend the California League of Cities Spring Meeting of City Managers in Coronado, California. On motion by Green, Council granted the request of the City Adminis- trator for permission to be absent from the City on March 8-10 to attend the California League of Cities Spring Meeting of City Managers in Coronado, California. The motion was passed by the following; vote: AYES: Councilmen: Shipley, Gabbs, Green, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Matney V -5s CONSTRUCTION COMMENCED - EDISON COMMUNITY CENTER - MAGNOLIA FIRE STATION The City Administrator brought Council up to date on construction proceedings at the Edison Community Center and the Magnolia Fire Station. RESOLUTIONS The Clerk informed Council that an informal petition had been submitted in favor of Resolution No. 3443 pertaining to the proposed Seal Beach National Wildlife Refuge. Page #4 - Council Minutes - 3/6/72 Mayor McCracken directed that consideration of Resolution No. 3443 be deferred to the 7:30 portion of the meeting when Councilmen Bartlett and Matney would be present. On motion by Coen, Council directed the Clerk to read Resolution Nos. 3449, 3450, 34519 3452, 3453, 3454, 3455 and 3456 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Gibbs, Green, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Matney RES. NO. 3449 - ADOPTED - WEED ABATEMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DECLARING A NUISANCE TO EXIST, AND PROVIDING FOR THE ABATEMENT THEREOF." RES. NO. 3450 - ADOPTED - CALIFORNIA COASTLINE STUDY PLAN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH COMMENDING EDICT FOUNDATION FOR DEVELOPMENT OF CALIFORNIA COASTLINE STUDY PLAN." Councilmen Shipley requested that copies of Resolution No. 3450 be forwarded to Congressmen Hanna, Hosmer and Schmitz and other appro- priate legislators. RES. NO. 3451 - ADOPTED - DELETION -- COUNTY STRUCTURAL FIRE TAX "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY BOARD OF SUPERVISORS TO DELETE ALL AREAS WITHIN THE CITY OF YUNTINGTON BEACH FROM THE COUNTY STRUCTURAL FIRE TAX FOR THE FISCAL YEAR 1972--73." RES. NO. 3452 - ADOPTED - ESTABLISHES CHARGES - PUBLIC RECORD COPIES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CHARGES TO BE LEVIED BY CITY OFFICES FOR FURNISHING COPIES OF PUBLIC RECORDS." s3 RES. NO. 3453 - ADOPTED - CALLING GENERAL MUNICIPAL ELECTION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 11TH DAY OF APRIL, 1972, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF HUNTINGTON BEACH." RES. N0. 3454 - ADOPTED - CALLING SPECIAL MUN. ELECTION - FLUORIDE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUN- ICIPAL ELECTION TO BE HELD IN SAID CITY ON JUNE 6, 1972 FOR THE PUR- POSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION CONCERNING THE ADDITION OF FLUORIDE TO THE CITY WATER SYSTEM, AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON SAID DATE." s3 RES. NO. �455 - ADOPTED - REQUESTING CONSOLIDATION OF SPECIAL MUN. E];,ECTION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY 0ii ORANGE, TO CON- SOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF HUNTINGTON BEACH TO BE HELD ON JUKE 6, 1972, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON JUNE 69 1972, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE." RES. NO. 3456 - ADOPTED - TRANSFER OF MONEY - SEWER - ASSESS DIST. 6502 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE TRANSFER OF MONEY FROM THE SEWER FUND." 96 Page #5 - Council Minutes - 3/6/72 ORDINANCES FOR ADOPTION On motion by Green, Council directed the Clerk to read Ordinance Nos. 1728, 1729, 1730 and 1?31 by title, waived further reading and adop- ted same by the following roll call vote: AYES: Councilmen: Shipley, Gibbs, Green, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Matney r �_I ORD. NO. 1728 - ADOPTED - ZONE CASE NO. 71-51 "A" "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 OF WARNER AVENUE, EAST OF GOLDENWEST STREET (ZONE CASE NO. 71-51 "At')." ORD. NO. 1729 -ADOPTED 1aZONE CASE NO. 71-51 "Bit "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 EAST OF GOLDENWEST STREET AND NORTH OF WARNER AVENUE (ZONE CASE NO. 71-51 "Bt').tt ORD. NO. 1730 - ADOPTED "ZONE CASE NO. 71-51 licit "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTH SIDE OF WARNER AVENUE, EAST OF GOLDENWEST STREET (ZONE CASE NO. 71-51 ITC")." ORD. NO. 1731 - ADOPTED JaIZONE CASE NO. 71-39 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF NEWLAND STREET AND TALBERT AVENUE (ZONE CASE NO. 71-39)." Ordinances Relating to Zone Changes - Request Councilwoman Gibbs requested that the Council Agenda indicate the change of zone which is being effected in connection with titles of Ordinances for Adoption and Ordinances for Introduction. ORDINANCES -FOR INTRODUCTION On motion by Coen, Council directed the Clerk to read Ordinance No. 1732 by title, and waived further reading of same by the following vote: AYES: Councilmen: Shipley, Gibbs, Green, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Matney ORD. N0. 1732 - FIRST READING - PRECISE PLAN NO. 71-3 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 14 TO INCLUDE PRECISE PLAN NO. 71-3." RECESS Mayor McCracken called a recess of the Council at 5:07 P.M. RECONVENE The meeting was reconvened at 7:34 P.M. by the Mayor. `-97 Page #6 - Council Minutes - 3/6/72 P PROCLAMATION -- 'PORT DJAY" Mayor McCracken introduced Mrs. Sharon Kaplan and Mrs. JaAnna Singer representatives of ORT (Organization for Rehabilitation through Training) to the Council and audience. He stated that for the past 92 years, as the vocational education program of the Jewish people, ORT has dedicated itself to the uplifting of individuals and of entire societies through its global network of vocational schools and in- stallations. Mayor McCracken then proclaimed March 21, 1972, as 'PORT DAY" in the City of Huntington Beach, in recognition of the vital achievements of Women's American ORT. In PROCLAMATION - CONSERVATION WEEK - WILDLIFE WEEK Mayor McCracken introduced Mrs. Wendell Emdee and Mrs. Jack Hall of the Jr. Womens' Club to the Council and audience, and spoke regarding their organization's efforts to promote the cause of wildlife con- servation. The Mayor then proclaimed the week of March 7 through March 14 - "CONSERVATION WEEK" and the week of March 19 through 25 as "WILDLIFE WEEK" in the City of Huntington Beach. RES. NO.--3443 - ADOPTED - NATIONAL WILDLIFE REFUGE The Clerk gave Resolution No. 3443 a reading by title - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING H.R. 10310, SEAL BEACH NATIONAL WILDLIFE REFUGE." The Clerk read an informal petition which his office had received supporting the establishment of the Seal Beach National Wildlife Refuge. Discussion was held between the Council and City Administrator relative to the factors involved in the adoption of this resolution. On motion by Matney, Council waived further reading of Resolution No. 3443 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None s, SALE OF LOTS - CENTRAL CITY PARK - DEFERRED The Clerk presented a communication from the Planning Commission re- commending acquisition by the City of several small lots within Phase III of Central City Park which are being sold by various realtors for use as building sites and equestrian stables. The City Administrator requested that consideration of this item be deferred, as he wished to present a more in-depth report on the matter to Council. Mayor McCracken ordered this item deleted from the agenda, to await a report from the City Administrator. DENIAL OF MASTER PLAN AMENDMENT0NO. 72-2 - CONTINUED The Clerk presented a transmittal from the Planning Commission of Master Plan Amendment No. 72-2., continued from the meeting of February 22, 1972, which proposes a change in the Master Plan of Land Use on the 36.5 acre parcel of land located at the northwest corner of Edinger Avenue and Graham Street from Light Industrial to Medium Density Residential. The Master Plan Amendment was initiated by the Plannin"; Commission to be heard in conjunction with Zone Case No. 71-40. The Planning Commission denied Master Plan Amendment No. 72-2 on February 1, 1972, and recommends denial by Council. Due to a possible conflict of interest, Mayor McCracken turned the conduct of this portion of the meeting over to Mayer Pro-Tempore Matney. 29S Page #7 - Council Minutes - 3/6/72 Discussion on the matter was held by the Council, City Attorney and City Administrator. The City Attorney stated that pursuant to Council direction at the February 22, 1972 meeting he had submitted Opinion No. 72-8 concerning the legality of a change of zone on this property pursuant to Article 982 of the Huntington Beach Ordinance Code. Councilman Coen stated that he believed the only pertinent matter before the Council at this time was to determine whether this matter should be set for public hearing. A motion was made by Councilman Coen to overrule the chair and ter- minate all further discussion on this matter until a public hearing is held. The motion failed to pass by the following vote: AYES: Councilmen: Bartlett, Green, Coen NOES: Councilmen: Shipley, Gibbs, Matney ABSENT: Councilmen: None ABSTAIN:Councilmen: McCracken Following further discussion, on motion by Green, Council directed that a public hearing be scheduled on this matter for the meeting of March 20, 1972, by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen NOES: Councilmen: Gibbs, Matney ABSENT: Councilmen: None ABSTAIN:Councilmen: McCracken A motion was then made by Councilman Green to reconsider his previous motion setting a public hearing on this matter for the March 20, 1972 meeting, and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: None ABSTAIN:Councilmen: McCracken On motion by Green, Council directed that a public hearing be set on this matter for the meeting of April 3, 19729 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: None ABSTAIN:Councilmen: McCracken The City Clerk was directed by Council to notify the Lusk Development Company that a public hearing on this matter would be set for the April 3, 1972 meeting. HEARING - BUSINESS LICENSE REVOCATION - HE & SHE HEALTH CLUB - APPROVED Mayor McCracken announced that this was the day and hour set for a hearing to consider the revocation of the business license of Dominick James Russo to conduct the business of massage, at 17434 Beach Boulevard, City, dba "He and She Health Club," on the following grounds: (1) Under Section 2112.7(a) in that licensee has been convicted of a misdemeanor committed within the licensed establishment, under Section 647(a) of the California Penal Code, to wit: engaging in lewd or dissolute conduct in a place open to the public. (2) Under Section 2112.7(b) upon motion of the City Council, upon proof being made to the satisfaction of the City Council that licensee has been conducting the licensed business in such a manner as to be detrimental to the morals of the general public, to wit: engaging in immoral conduct with female job applicants while demonstrating massage techniques. The Clerk informed Council that all legal requirements for notifi- cation on said hearing had been met and that he had received no com- munications or written protests on the matter. 299 Page #8 - Council Minutes - 3/6/72 At the request of the City Attorney, Mayor McCracken asked if Mr. Russo or his attorney was present to address Council on the matter. Mr. Russo stated that he was present; however his legal counsel was unable to attend the meeting. Mr. Russo was asked by the City Attorney if he wished to speak on the matter without the presence of his attorney, and Mr. Russo stated that he did. Deputy City Attorney James Georges, addressed Council and suggested that members in the audience under 18 years of age be excluded from the Council Chamber due to the unpleasant subject matter which might arise during the hearing. Mr. Georges then read Section 2112 of the Huntington Beach Ordinance Code relating to this matter. The City Attorney stated that Mr. Russo had just informed him that he had changed his mind, and requested a postponement of the hearing. At the request of the City Attorney, Mr. Russo addressed the Council and requested that the hearing be postponed until his attorney could be present to represent him. The City Attorney advised Council that a motion to continue the hear- ing would be in order. Following discussion, a motion was made by Councilman Matney to deny the request by Mr. Russo for a continuance of the hearing, and passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: Coen ABSENT: Councilmen: None Mayor McCracken declared the hearing open. Deputy City Attorney Georges called on Miss Mary Sanders to give tes- timony on the matter. After being sworn by the City Clerk, Miss Sanders was questioned by the Deputy City Attorney concerning events which occurred at the time she applied for employment at the "He and She Health Club." Detailed testimony ensued describing intimate contact between Mr. Russo and Miss Mary Sanders during a demonstration of massage techniques by Mr. Russo on the body of Miss Mary Sanders. Police Officer Ron Pomeroy was called to give testimony, and after being sworn by the City Clerk, was questioned by the Deputy City At- torney concerning the nature of the complaints which had been filed with the Police Department concerning the operation of the "He and She Health Club." Deputy City Attorney Georges then submitted into evidence a 19 page Police Report and a certified copy of the Municipal Court Record of Mr. Russo's conviction under Section 647(a) of the Penal Code. Mayor McCracken accepted these documents as exhibits of this hearing. Mr. Russo was informed by the City Attorney of his constitutional right to testify at this time and call witnesses if lie so desired. After being sworn by the City Clerk, Mr. Russo addressed Council con- cerning the methods whereby persons applying for employment as mas- seuses are interviewed, and stated that he had not been engaged in the conduct alleged against him. He further informed Council that he was attempting to sell the "He and She Health Club," and was awaiting approval by the City License Department of the prospective buyer's business license application. Mr. Dan Brennan, City License Inspector, was celled apon to offer testimony and was sworn by the City Clerk. Mr. Brennan informed Council that he was not aware of such application being made; how- ever, he stated that the Police Department could be in the process of conducting an investigation on the prospective purchaser. 300 Page #9 - Council Minutes -- 3/6/72 The City Attorney called on Police Chief Robitaille to give testimony on the matter. After being sworn by the City Clerk, the Police Chief stated that an application had been submitted by a prospective owner and that his Department has made a recommendation of denial to the City Administrator. Mr. Russo again addressed Council and spoke briefly on the matter. Deputy City Attorney Georges presented a summation of the City's position on the case, and recommended that Council revoke both the permit and the City bueiness license issued to Mr. Russo. He stated that Council should make the following findings: (1) That the City Council finds that it has received a certified co y of the Municipal Court conviction under Penal Code 647(a) ; and (2� find that there has been sufficient evidence presented to make a determination that Mr. Russo is not of good moral character, having engaged in immoral, improper or otherwise objectionable conduct or behavior, and on those grounds that his license and permit be revoked. Mr. Russo again spoke regarding the manner in which he conducts his business, and Deputy City Attorney Georges spoke briefly in rebuttal. The City Attorney advised Council that it would be proper at this time for Council to deliberate on the matter and render a decision. There being no one further present to speak on the matter, the hear- ing was closed by the Mayor. Deputy City Attorney Georges read Section 647(a) of the Penal Code of the State of California for Council's information. Considerable discussion was held between the Council and Deputy City Attorney Georges. A motion was made by Mayor McCracken that Council makes findings as follows:, (1) That the City Council finds that Mr. Russo has been convicted of violating Section 647 (a) of the California Penal Code by the Municipal Court, based on their receipt of a certified copy of said conviction; and (2) Finds that there has been sufficient evidence presented to make a determination that Mr. Russo is not of good moral character, having engaged in immoral, .improper or other- wise objectionable conduct or behavior; and based on such findings, Council directs that the permit and license issued to Dominick James Russo to conduct the business of massage, at 17434 Beach Boulevard, City, dba "He and She Health Club" be immediately revoked. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: Coen ABSENT: Councilmen: None RECESS Mayor McCracken called a recess of the Council at 9:30 P.M. RECONVENE The meeting was reconvened at 9:40 P.M. PUBLIC HEARING - ZONE CASE 72t6 - INITIATED BY THE PC - CONTINI.JED Mayor McCracken announced that this was the day and hour set for the continuance of a public hearing opened on February 22, 1972, on Zone Case No. 72-6 initiated by the Planning Commission, which proposes a change change of zone from C4 Highway Commercial District to RA Residential Agricultural District, on property located north of Ellis Avenue, 354 feet west of the centerline of Beach Boulevard and consisting of 2.2 acres of land. The Clerk read a communication from Jerome M. Bame, Attorney for the Mark C. Bloome Company, requesting a continuance of the public hear- ing to April 17, 1972. Mayor McCracken ordered the public hearing on Zone Case No. 72-6 continued to the April 17, 1972 meeting. 301 Page #10 - Council Minutes - 3/6/72 PUBLIC HEARING - APPEAL DENID - CONDITIONAL EXCEPTION 71-101 Mayor McCracken announced that this was the day and hour set for a public hearing on an appeal filed by Mr. Leo Linden, 5353 Grosvenor Boulevard, Los Angeles, to the approval by the Planning Commission of Conditional Exception 71-101, to allow the southeast corner of a garage to encroach 2 feet into the required 5 foot side yard setback, on property located at 16741 Carousel Lane in the R1 Single Family Residence District, and legally described as Lot 150, Tract No. 5481. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and that he had re- ceived no communications or written protests to Conditional Exception 71-101, or to the recommendation of approval by the Planning Commission. The Director of Building and Safety presented a resume' on the matter and displayed pictures of the area through the use of a viewgraph, for Council's information. Mrs. Joan Linden, 6120 Flight Street, Los Angeles, appellant, addres- sed Council concerning the effect which the garage encroachment would have on her property. Discussion was held between the Council and Mrs. Linden regarding possible solutions to this problem. Mr. Leonard Lady, 16741 Carousel Lane, City, addressed Council and presented slides of the garage for Council's information. He re- quested that Council sustain the decision of the Planning Commission and approve the Conditional Exception. There being no one further present to speak on the matter, and there being no protests filed either oral or written, the hearing was closed by the Mayor. On motion by Green, Council sustained the decision of the Planning Commission; denied the appeal; made a finding that a hardship does exist, and granted Conditional Exception 71-101 pursuant to Items #1 #5 and #7 contained in the Planning Commission Report as follows: (1� That the lot is irregular in size and shape with numerous off- sets in the side property lines and has frontage of only 28 feet; (5) That similar requests have been granted within this general area in the past; (7) removal of this encroachment would remove one off- street parking space; and further directed that the two appeal fees totaling $150 be refunded to the appellant. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen. McCracken NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - ZONE CASE Z1/2116 - APPEAL - JONES REALTY - CONTINUED Mayor McCracken announced that this was the day and hour set for a public hearing on an appeal filed by Donald P. Jones, Paul Jones Realty, 17931 Beach Boulevard, City, to the denial by the Planning Commission of Zone Case No. 71-16, for change of zone from RA Res- idential Agricultural District, to R3 Limited Multiple Family Res- idence District, on property located an the west side of Goldenwest Street, approximately 1200 feet south of Talbert Avenue. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and that he had re- ceived no communications or written protests to zone Case No. 71-16 or to the recommendation of denial by the Planning Commission. The City Clerk read a communication from Mr. Don P. Jones, of Paul Jones Realty, appellant, requesting that the public hearing be con- tinued to March 20, 1972. Mr. Dave Kirchner, representing Paul Jones Realty, addressed Council and stated that the postponement was requested because the appellant was out of the city and unable to be present. 301 Page #11 - Council Minutes - 3/6/72 Mayor McCracken declared the hearing open. On motion by Matney, Council continued the public hearing on Zone Case No. 71-16 to the March 20, 1972 meeting, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - ZONE CASE 2- jai APPEAL - LAWRENCE J. RINK - CONTINUED Mayor McCracken announced that this was the day and hour set for a public hearing on an appeal filed by Lawrence J. Rink, 1434 Westwood Boulevard, Los Angeles, to the denial by the Planning Commission of Zone Case No. 72-7, for change of zone from R2 Two Family Residence District to R3-PD Limited Multiple Family Residence District - Planned Residential Development, on property located at the southeast corner of Algonquin Street and Pearce Avenue and consists of approximately 4.48 acres of land. The Clerk informed Council that all legal requirements for notifica- tion, publication and posting had been met, and that he had received no communications or written protests to Zone Case No. 72-7 or to the recommendation of denial by the Planning Commission. The Clerk read a communication from Richard Layne Tom, A.I.A., Tom and Truskier Architects, representing the appellant, requesting a continuance of the public hearing on Zone Case 72-7 to April 17, 1972, due to the illness of the appellant. Mayor McCracken declared the hearing open. A motion was made by Councilman Green to continue the public hearing on Zone Case No. 72-7 to the April 17, 1972 meeting. Mr. Jim Dupree', representing the Huntington Harbour Property Owners Association, addressed Council concerning the zone change. Councilman Green then withdrew his motion to continue the public hearing to the meeting of April 17, 1972. Following discussion, on motion by Green, Council continued the public hearing on Zone Case No. 72-7 to the April 3, 1972 meeting, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - ZONE CASE ,?'4 - INITIATED BY THE PC - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Zone Case No. 72-4 initiated by the Planning Com- mission, which proposes a change of zone from R2 Two Family Residence District, Planned Residential Development (10 units per acre) or property located 260 feet west of the centerline of Newland Street and 660 feet north of the centerline to Talbert Avenue and consists of 4.6 acres of land. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and that he had re- ceived no communications or written protests io Zone Case No. 72-4 or to the recommendation of approval for R2-PD(1e') rather than R2-PD(10) as originally initiated by the Planning Commission. The Planning Director presented a video-tape (_if the area, together with a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 72-4 for R2-PD(12) .coning. Mayor McCracken declared the hearing open. Page #12 - Council Minutes - 3/6/72 There being no one present to speak on the matter, and there being no protests filed either oral or written, the hearing was closed by the Mayor. On motion by Green, Council sustained the decision of the Planning Commission; approved Zone Case 72-4 as initiated by the Planning Commission for a change of zone to R2-PD(12) and directed the City Attorney to prepare an ordinance effecting the change of zone. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, McCracken NOES: Councilmen: Gibbs, Coen ABSENT: Councilmen: None AV PUBLIC HEARING - ZONE CASE NO. 72-8 - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Zone Case No. 72-8 which proposes a change of zone from M2-01 and M2-0 Heavy Industrial District, combined with oil production, to R1 Single Family Residence District, on property lo- cated on the south side of Ellis Avenue extended, between Huntington Avenue and the Southern Pacific Railroad right-of-way, and consists of a 0.9 acre parcel of land. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and that he had re- ceived no communications or written protests to Zone Case No. 72-8 or to the recommendation of approval of the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 72-8 Mayor McCracken declared the hearing open. Mr. Warren C. Nickle, representing Classic Development Corp., addres- sed Council in favor of the proposed zone change. There being no one further present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor. On motion by Green,,Council sustained the decision of the Planning Commission; approved Zone Case No. 72-8, and directed the City Attorney to prepare an ordinance effecting the change of zone. The motion was passed by the following vote: AYES; Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen.: None ABSENT: Councilmen: None REPORTS - COUNCIL COMMITTEES Council Committee on lowntown Property Development Councilman Matney reported on the meeting which had been held recently between the Council Committee and the Downtown Property Owners Assoc- iation. He stated that a review of the proposed plans was made and that the property owners were still going ahead in their effort to obtain six months options from the involved property owners. COMMENTS FROM COUNCIL Position Declared on Fireworks Ban Councilman Green informed Council that discussion would be held at the Orange County League of.California Cities meeting concerning the proposal by the Orange County Fire Chief's Association that each city enact legislation to ban the use of fireworks in their commun- ity. Councilman Green stated that, as the use of fireworks was ex- pected to be prohibited by the State in the near future, he recom- mended that the City oppose the proposal of the Orange County Fire Chief's Association. 304 Page #13 - Council Minutes - 3/6/72 On motion by Green, Council directed that the city representative to the Orange County League of California Cities meeting be authorized to state the City's opposition to the proposal of the Orange County Fire Chief's Association relative to the enactment of legislation by individual cities to ban the use of fireworks. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None Business License Fees Billboards Councilman Coen requested the City Attorney to research the feasi- bility of enacting an ordinance providing for a $1.00 per square foot business license fee for billboards in the City to guarantee the re- moval of same. Rezoning of Industrial Property Councilwoman Gibbs requested an opinion from the Planning Department concerning the rezoning of industrial property to residential use and the effect of such rezoning upon the City. Appreciation Extended to„Council Mr. Larry Curran, President of the Concerned Citizens Council, addres- sed Council and extended the organization's appreciation for the ef- fort the Council has made to establish a realignment of the proposed Route 39 Freeway. INFORMAL MEETING CALLED Mayor McCracken called an informal meeting of the Council as a Commit- tee -of -the -Whole for March 13, 1972, at 7:00 P.M. in the Administrative Annex. ADJOURNMENT On motion by Matney, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:08 P.M. The motion was pas- sed by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: ATTEST: Paul C. es City Clerk Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken None None Paul C, ones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 2 eorge C. 'McGracklYff Mayor 305