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HomeMy WebLinkAbout1972-04-17MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, April 17, 1972 Mayor McCracken 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.Reverend Edward Erny`- First .United Methodist Church ROLL CALL Councilmen Present: Councilmen Absent: Shipley, Bartlett, McCracken None Gibbs, Green, Matney, Coen, STATEMENT OF THE CITY CLERK CERTIViCATION OF CANVASS OF ELECTION The Clerk read the Statement of the City Clerk certifying the canvass of ballots of the General Municipal Election of April 11, 1972 as pro- vided. for in Resolution No. 2967. On motion by Green, Council received the Statement of the City Clerk. of canvass of the ballots of the General Municipal Election held April 11, 1972)by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen; McCracken NOES: Councilmen: None ABSENT: Councilmen: None The Clerk then requested an opinion from the City Attorney as to. whether Council could pass the resolution reciting the facts of the election on a reading by title and waiving further reading. The City Attorney stated that accepting a reading by title would be in order. There being no errors in the canvass of the General Municipal Election of April 11, 1972, the Clerk read Resolution No. 3474 by title w "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON'BEACH RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON THE 11TH DAY OF APRIL, 1972, DELCARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." On motion by Green, Council waived further reading of Resolution No. 3474, passed and adopted same and ordered spread in full in the minutes, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None 4" 2 Page..#2 - Counc'il Minutes.'-. 4•/17/7,2 f- RESOLUTTON NO. 3474 A' ESOLUTTDR OF THE CITY COUNCIL OF THE CITY OF k HUNTINGTON'BEACH RECITING THE. FACT OF THE GEN- AL— MUNICIPAL ELECTION HELD IN SAID CITY ON THE �1',LTH ,DAY OF APRIL,.11972, DELCARING THE RESULT "THER t AND SUCH, OTHER MATTERS AS ARE PROVIDED ^ LAW� W i�EA x ,ta' regular general municipal election was held and conducted. tr,Y. of 'Huntingto'h,Reach, County of Orange, State of California, an.say, the lih day o;f April; 1972, as required by law31 ; :and 3�ar�ice:~..©f said election. was .duly and regularly given in time, form an4� manriar , par,c vide-d by..law; t t .:voting precincts were prope-rly established; ttiAe`1e'Cion officers xiete appointed -,and that in all re spects said eiea i icr 1a: held and, concluq.ted land ,the votes cast thereat, res eiv�ei .and cen hnd' the ;returns` ode 'and' -declared in- time,, form and man�eir,. is re4UGe `bey thy:' pr.d'v inns l.of the ,Flacti.ons Code of tie Sta. a :off QR li€ornia a the. holding: ,e ns in cities; and rstu of to i sc Lutibr : b67 o4-ted. the. 21st day of April, 19699` the i"ty : erka: f:'th City unti g ; Beams tin ed turns'of said e Lecti.o i and .has certified w results to this. City tounti:l, said results are retie vet, att chid, . ma ^V"t herd 3a,s. Exhibit "W'. BEACH DOES RESOLVE AS SECTION 1. That the : wetre eighty ei t 4 3) voting precinets ea- .tablished' for the purpbse ,.Of -holding said a ctim, consisting of co i- idation of the regular-eler,tfton precincts ir:.: the City of Huntington Beach. as established ;for the holdi g of state and county elections. SECTION 2. That said r lar gen" a municipal election was held for the purpose of electing rhe-' following officers. of s-aid city as. re- quired by thd* Charter of the City of iiuntington aeach., to wit Three. (3 members of the'City Council of said city for the full term of four (;4) years; A City Clerk of said city for the full term of four (4) years . A City Treasurer of said city for the full term of four (4) years. SECTION 3. That the whole number of votes cast in said city (except absent voter ballots) was 44,361. That the whole number of.absent voter votes cast in said city was 324, making a total of 44,685 votes cast in said city. SECTION 4. That the names of persons voted for at said election for member of the C.Lty Council of said city areas follows: JERRY MATNEY GEORGE C . MiACKEN DONALD D. SHIPLEY GEORGE E. ARNOLD RICHARD (DICK) BELYEA. JAMES J. DEGUELLE. HENRY H. DUKE DAVID P. GAROFALO CHARLES S . (CHUCK) GEERS" DOYLE MILLER MARCUS M. (MARK) PORTER JOSEPH T. WHALING Page #3 - Council Minutes - 4/17/72 That the names of the persons voted for at said election for City Clerk of said city are as follows: PAUL C. JONES BERNARD J. MAHONEY That the name of the person voted for at said election for City Treasurer of said city is as follows: WARREN G. HALL That the number of votes given at each precinct and the number of votes given in the city to each of such persons above named for the respective offices for which said persons were candidates were listed in Exhibit "A" attached. SECTION 5. The City Council does declare and determine that: HENRY H. DUKE was elected as member of the City Council of said city for 'the . full. term of four years; JERRY A. MATNEY was elected as member of the City Council of.said city for the full term of four years; DONALD D. SHIPLEY was elected as member of the City Council of said city for the full term of four years. PAUL C. JONES was elected City Clerk of said city for the full term of four years. WARREN G..HALL was elected City Treasurer of said city for the full term of four years. SECTION 6. The City Clerk shall enter on the records of the City Council of said city a statement of the result of said election, showing: (1) The whole number of votes cast in the city; (2) The names of the persons voted for; (3) For what office each person was voted.for; (4) The number of votes given at each precinct to each person; (5) The number of votes given in the city to each person. SECTION 7. That the City Clerk shall immediately make and, upon compliance by the persons elected with the provisions of Section 11565 and Section 11568 of the Elections Code of the State of California, shall deliver to each of such persons so elected a certificate of election signed by him and duly authenticated; that he shall also administer to each person elected, the oath of office prescribed in the state Consti- tution of the State of California and shall have them subscribe thereto and file the same in his office. Whereupon, each and all of said per- sons so elected shall be inducted into the respective office to which they have been elected. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the.book of ori- ginal resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceeidings of the City Council of said city, in the minutesofthe meeting at which the same is passed and adopted. Page #4 Council Minutes _ 4/17/72 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of April, 1972, - George C. McCracken ATTEST: Mayor Paul C. Jones City Clerk STATE OF CALIFORNIA COUTNY OF ORANGE CITY OF HUNTINGTON BEACH I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of. members of the City Council of the City of Huntington Beach is seven; that the fore- going resolution was passed and adopted by the affirmative vote of more. than a majority of all the members of said City Council at a regular meeting thereof held on the 17th day'of April, 1972, by the following: vote: AYES: Councilmen: Shi,�Rleey, Bartlett, Gibbs, Green, Matney, Coen McCracken NOES: Councilmen: None ABSENT: Councilmen: None STATEMENT MAYOR McCRACKEN Mayor McCracken addressed the audience and Council briefly concerning his past four year term of service on the City Council and expressed hope that all factions of the community would join together to work toward the progressive development of the City. Hr OATH OF OFFICE - CITY CLERK Mayor McCracken administered the Oath of Office to the newly elected. City Clerk, Paul C. Jones, and issued the Certificate of Election in accordance with the provisions of the Election Code of the State of California. RECESS Mayor McCracken then called a recess of the Council at 4:50 P.M. George, C-.-McCracken Mayor ATTEST: Paul C. Jones City Clerk RECONVENE The Council was reconvened at 4:51 P.M. with the City Clerk, Paul C. Jones, presiding. CITY of HUNTINGTON BEACH General Municipal Election Official Results April 11, 1972 PAUL C. JONES Precinct # City Clerk 1 C UJ 2 J > ` V! U ? O } y CD F- V > °' L cn O ❑ o L Q W C7 m > ro �, — �' o o L-0 41 _ o — @ m m ❑ I L7 s U l O 0 W �° �, c L a c O F- LIJLU —1 } F- U U M d CO C r as c0 i uJ cc _ o °� O } CU 1- 3; U 1 McCourt Residence 62 41 72 7 31 38 59 32 20 21 72 10 4651 101 45 146 i 119 2 Myers Residence 72 83 63 17 32 31 56 39 36 39 47 41 556 112 64 176 148 3 Eader Park Clubhouse 73 56 61 13 41 49 71 32 37 50 531 17 553 100 77 177 151 4 Sariego Residence 88 52 53 91 56 46 120 791 27 43 57 261 656 j 109 103 212 179 5 Haven View School 461 39 54j 7 22 27 44 18 13 20 20 13 323 1 1 56 51 IN 97 6 Blakesley Residence 52 34 53 12 20 49 54 50 30 28 41 12 435 83 62 145 129 7 Villa Pacific Clubhouse 92 76 72 7 50 3$ fib 67 24 57 49 8 608 116 86 202 169 8 Gisler School 72 E, 40 6 24 26 69 39 16 28 50 12 428 61 77 138 125 9 Edison High 71 57 51 13 46 45 68 59 41 40 65 17 573 123 62 185 149 10 Carpenters Hall 66 53 48 7 31 40 56 39 32 37 49 14 472 85 68 ` 153 129 11 Pacific Sands Club 43 51 46 13 44 58 50 44 48 51 361 14 498 105 68 173 144 12 Peterson School 42 49 39 4 35 40 26 25 33 32 20 7 352 73 37 110 89 13 Hooper Residence 35 49 39 8 28 39 25 36 26 30 19 7 341 74 34 108 95 14 St. Francis School 74 71 65 7 42 65 68 37 40 50 55 11 585 110 77 1871 161 15 Clodfelter Residence 101 42 89 11 25 38 102 32 27 41 981 11 1 617 128 74r16 171 16 LeBard Park Clubhouse 94 44 64 4 28 41 70 40 18 24 70 8 505 Ill 54 15217 Park Huntington Res. 109 47 55 7 28 33 74 41 24 24 70 12 524 102 64 145 18 Wall Residence 42 34 30 14 32 21 43 25 27 22 30 4 324 1 67 42 109 89 19 Huntington Bay Clubhouse 1 77 56 40 11 21 44 49 31 43 26 34 11 443 80 51 131 1110 r 20 Arevalos School 48 31 1 46 11 28 42 51 28 28 ')7 29 16 385 70 48 118 103 21 Huntington Continental 5$ 52 49 14 24 37 46 41 32 31 34 12 430 64 , 61 125 104 22 Oka School 58 63 58 9 27 32 43 25 23 35 46 10 429 75 58 133 ' 120 23 Wardlow School 121 95 84 10 47 84 78 62 34 47 1071 18 787 157 80 237 214 24 Talbert School 64 41 53 8 34 32 56 33 17 30 40 12 420 65 58 123 108 25 SharkeyResidence 35 46 38 8 20 35 32 18 26 25 17 9 ; 309 64 30 94 83 26 Rancho Huntington 47 86 45 16 12 27 28 13 11 48 36 7 376 7B 36 114 84 27 Lamb School 55 64 58 9 24 33 34 27 16 28 23 12 383 66 54 120 108 28 Stewart Residence 46 48 47 13 27 51 52 17 37 56 32 16 442 93 55 148 114 29 Newland School 63 43 48 6 25 34 58 27 26 28 26 9 393 61 53 114 97 30 Perry School 66 75 70 14 48 81 58 29 54 68 47 14 624 118 83 201 i 167 31 Fuller Residence 16 25 21 7 14 18 20 12 13 11 12 5 174 35 17 52 45 32 Pacific Trailer Park 45 114 69 12 68 97 38 16 80 103 26 7 675 134 32 216 173 33 Hdgtrs Fire Station 49 114 97 28 78 157 85 58 120 148 53 20 1007 218'' 105 323 257 34 City Hall 25 69 61 31 47 110 37 40 58 93 21 15 607 131 75 206 153 35 Church of God 20 78 46 16 48 78 50 34 72 80 33 18 573 113 6B 181 144 36 Recreation Center 26 53 43 13 27 66 46 25 56 58 18 9 440 85 57 142 109 37 H.B. High School 38 Lake Park Clubhouse 49 24 160 130 104 94 23 " ; 117 66 183 167 79 50 37 23 102 92 196 171 58 31 15 10 1123 868 27975 z16 69 354 285 290 210 39 Mesa Vue Park 13 52 45 12 26 91 25 22 66 i0 11 13 446 94 j 55 149 j113 40 First Methodist Church 36 66 58 14 1 24 60 30 30 41 50 28 18 455 92 68 160 128 41 Bayshores Sales Office 37 25 , Q 5 22 28 40 18 17 'Q 15 51 54 30 26 2 14 15 24 10 274 47 120 131 66 94 ? 41 fib 68 169 168 88 188 199 135 162 1 75 164 119 119 133 42 Lake. View Park 82 57 67 25 30 61 86 23 40 14 16 28 34 41 32 28 570 659 402 4B6 43 Harbour View Park 129 96 105 5 44 15 120 21 44 Pleasant View School 45 Rancho View School 0 41 59 37 69 40 69 19 45 31 46 57 50 65 22 27 i 17 CITY of HUNTINGTON BEACH z i I s ' w General Municipal Election --' U a1 W - U °5 0 ro _a a) a) o @ � �, � I m D Official Results Z C C Q N m (7 �, �C O �, - I -C o o Z C7. April 11, 1972 0 O o, ° o, ❑❑ �. CJ -0 vo m 2i � 1!) 1 w .a v Q! W U y' p C O p ai U _ C a) j m T O m (D 4-1V O a 3 O PAUL C. JONES City Clerk m ❑ 2 ❑ U ❑ O f - � 00 ?� Precinct # U U 46 Crest View School 50 63 54 17 281 86 54 31 51 54 23 13 524 111 63 174 1136 47 Gothard Fire Station 47 81 53 15 30 691 48 18 44 56 31 16 508 1 102 63'; 165 131 48 Oak View School 47 68 53 11 20I 48 48 19 30 54 36 6 440 99 45 144 108_ 49' Mesa View School 125 72 122 8 92 43'182 32 29 58 80 46 889 180 112 292 256 50 Hope View School 74 30 50 7 161 16 86 22 7 141 34 18 374 67 54 121 103 51 Russell Residence 48 33 47 3 21 21 60 16 18 13 24 19 323 47 56 1031, i 97 52 Price Residence 53 48 54 12 26 28 87 22 16 50 32 30 458 96 55 15i 127 53 Cizek Residence 113 42 124 16 58 45 240 45 27 35 62 39 846 145j 123 268, 235 54 Marine View School 62 45 63 5 38 23 61 14 17 27 t 40 12 407 87 49 136 11113 55 Emery Residence 140 42 101 9 50 41 167 40 22 42 62 17 733 150 82 232 198 56 lark View School 78 40 83 9 45 28 104 33 21 39 28 20 528 ' 91 84 175 153 57 Golden View School B2 55 83 13 45 17 136 54 19 32 58 40 634 718 90 208 179 58 Fryar Residence 55 60 58 10 50 62 64 22 191 28 29 8 465 92 49I 141 114 59 Sea Breeze Clubhouse 39 41 46 13 31 211 61 16 28 29 30 12 367 67 52 119� 1i1 60 Sea-Aira Clubhouse 59 101 152 29 24 45 79 20 842 185 97 282 1186 . 1 97,128 9612 61 Spring View School 65 43 80 3 33 18 110 14 1021 39 31 467 90 58 148 129 62 Community Methodist Church 42 44 35 9 36 32 67 24 20 36 291 17 391 1 69 54 123 107 � 63 Creed Residence 63 76 91 4 35 55 i 77 27 27 62 41 22 580 142 50 —192 157 64 Sun View School 46 52 81 B 39 47 81 17 40 40 37 12 500 . 119 50 169 _ 13G 93_ 145 65 Murdy Fire Station 40 44 48 9 23 31 48 21 9 27 25 9 334 - 72 119 _._4 39 58I 111� 1771 66 Saroglio Residence 72 46 83 5 53 1 33 126 37 23 30 35 22 5G5 67 Park View School -- 38 32 27 i 17 I 11 34 17 11 15 25 65 _. 8 41 _�- 235 865 44 34 18 70 68 College View School i13 70 102 }0 961 64 182 45 24 53 .157 124 2g} 2 — 69 Katz Residence 70 53 68 5 17 114 91 25 13 36 42 10 91 52 143 � 1 }3 , 70 St. Bonaventure School BO i 45 75 3 361 35 121 19 15 19 47 1_2 —444 507 1102 50 152 133 _ �}34 71 Baptist Church of Hunt. Village 631 49 66 4 341 18 93 27 16 33 34 13 450 89 61 150]226 72 Heil Avenue Fire Station 107 65 94 17 42 59,192 32 39 76 58 23 804 152 117 269 73 Meadow View School 47 41 55 11 29 37 101 11 25 28 227 41471 61 132110 74 Rancho Del Rey Clubhouse 81 115 60 10 57 61 70 7 34 37 25 6 563 `�}10 73 183 _j 162 75 Village View School I 18 18 18 8 21 23 37 15 22 11 1 18 10 219 i 39 34 73 58 76 Robinwood School 87 51 67 7 29 29 84 12 18 34 53 19 490 i 99 65 164 ?137 _ 77 Sadowski Residence 31 29 36! 1 16 18 35 21 9' 20 7 8 231 50 28I 7B 74 78 Circle View School 33 43 43 13 20 29 50 21 15 24 25 14 330 65 47 112 99 , 79 Glen View School 58 50 62 5 39 42 97 22 14 41 40 14 484 85 67� 152 122 80 Gill School 79 44 , 59 9 15 27 481 11 10 24 63 8 397 97 31 128 115 81 Fern Residence 100 65 - 751 13 23 36 68 1949 94 21 9 10 --573 271 131 6 54 31 185 93 _ 165 82 Schroeder School 32 32 150 5 13 22 32 _22 10 1529 84 83 Long Residence 59 84 71 13 28 31 76 24 21 41 34 20 502 1021 65 167 _ 146 84 Clegg -Stacey School 55 56 53 13 25 20 37 28 16 41 1 27 12 383 71 1 54 1.2.5 112- 85 Springdale School 52 41 39 10 13 26 29 15 14 23 16 8 286 5511i 41 96 90 86 Kemp Residence 155 133 134 3 44 31 144 26 20 3t24 2 17 800 168 77 245 1206 87 H.H. Sales Office i , 104 96 114 3 , 23 28 122 17 8 25 582 1131 431 174 150 88 Edgerton Residence 70; 66 52 1i 27, 17 41 15 12 17 1 32 9 361� ? 751 3(i 111 93 89 Absentees 371 36 41 81 14 45 44 17 27 34 14 7 324 89 1G 105 96 TOTAL VOTES /,,,f "',/ ' ��A �% ^ y��ry�/o4�/4f `V Page #5 - Council Minutes - 4/17/72 53 'y 3 . .. . OATH OF OFF IC E. - C OUNC AMEN - TREASURER The City Clerk administered the Oath of Office to the newly elected officers, as follows: Donald D. Shipley Councilman ,Jerry A. Matney Councilman Henry H. Duke Councilman Warren G.. Hall Treasurer The City. Clerk then issued the Certificate of Election to each of the elected officers in accordance with the provisions of the Election Code of the State of California. ELECTION OF MAYOR - ALVIN M. COEN The City Clerk declared the positions of Mayor and Mayor Pro-Tempore vacated and called for nominations for Mayor of the City of Huntington Beach Councilman Coen Was nominated by Councilman Green for the position of Mayor. Councilman Shipley nominated Councilwoman Gibbs for the position of Mayor. Councilman Matney was nominated by Councilman Duke for the position of Mayor but declined the nomination. The nomination for the pos ition.of Mayor was also declined by Council- woman Gibbs. There being no further nominations forthcoming, on motion.by Gibbs,. nominations were closed by the Chair, and the Clerk was .instructed to cast a unanimous ballot for Councilman Coen for the position of Mayor. .The motion was passed by the following vote: AYES: Councilmen.: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None The City Clerk then turned the gavel over to the new Mayon, Alvin M. Coen, to conduct the balance of the meeting. ELECTION OF MAYOR PRO -TORE TED BARTLETT Mayor Coen called for nominations for Mayor Pro-Tempore of the City of Huntington Beach. Councilman Green nominated Councilman Bartlett for the position of Mayor Pro-Tempore. Councilman Duke was nominated by Councilman Matney for the position of Mayor Pro-Tempore. There being no further nominations forthcoming, on motion by Gibbs, nom- inations for the office of Mayor Pro-Tempore were closed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None Page #6 - Council Minutes - 4/17/72 Voting was taken by secret ballot with the.Assistant City Administrator and Fire Chief assisting the City Clerk with the tallying of votes. A count of the ballots .showed the voting as follows: Councilman Bartlett 5 Councilman Duke 2- Following the announcement of the vote, on motion by Shipley, Council voted unanimously to make Councilman Bartlett Mayor Pro-tempore of the Council for the ensuing year. �s PRESENTATION FORMER MAYOR McCRACKEN Mayor Coen presented a plaque to former Mayor George McCracken in appre- ciation for his service to the city during the past four years as City Councilman and Mayor. PRESENTATION - COUNCILMANN5 MATNEY The Mayor presented a plaque to Councilman Matney in appreciation of his dedicated service as Mayor Pro-Tempore during the past year. �z STATEMENT - COUNCILMAN DUKE Mayor Coen extended the privilege of the floor to Councilman Duke for. any remarks he might wish. to make. Councilman Duke introduced his family to the Council and audience and extended his appreciation to the many people who supported his election to the City Council. He stated that he looked forward to his term of service on the Council and the opportunity to serve the community. RECESS Mayor Coen called a recess of the Council at 5:05 P.M. RECONVENE The meeting was reconvened at 5:20 by the Mayor. CONSENT CALENDAR - ITEMS APPROVED On motion by Green, the following items were approved as recommended by roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None 1. MINUTES - Approved and adopted minutes of the regular meeting of April 3, 1972, as written and on file in the office of the City Clerk. 2. FINAL TRACT MAP NO. 751 - COVINGTON BROTHERS - APPROVED - Accepted offers of dedication as shown on Final. Tract Map No. 7512 located 283 feet east of Beach Boulevard, approximately 461 feet north of Ellis Avenue; Acreage: 9.379 ; Lots: 35; Developer: The Covington Brothers, 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 stipu- lations that the final map shall be recorded prior to expiration of Tentative Tract Map No. 7512 on November'2, 1972, and.that.;Park and Recreation fees shall be paid prior to recordation of the final map. Page #7 - Council Minutes - 4/17/72 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. Us 3. FINAL TRACT MAP NO. 7663 - WOODBINE CORP. SHAPELL CO, - APPROVED Accepted offers of dedication as shown on Final Tract Map No. 7663 lo- cated on the southeast corner of McFadden Avenue and Edwards Street; Acreage: 20.285; Lots: 89; Developer: Woodbine Corporation.(Shapell Company) Beverly Hills, 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 expiration of Tentative Tract Map No. 74.89 on October 19, 1972, and that the developer shall dedicate the 4.2 acre parcel of land to the City for a park site located on the south side of McFadden Avenue, approximately 250 feet west of Goldenwest Street. Such dedication shall not reduce the amount of fees to be paid for park and recreation facil- ities. However, the developer may enter into negotiation for develop- ment of the parksites within this k section in which case said develop- ment cost incurred that relate directly to parks would be subject to . approval;of the City Administrator and shall take place prior to re- cordation of the Final Tract Map No. 7663. Further instructed the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after re- ceipt 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 com- plied with, and receipt by such title company of prior written consent to record said map from the City Clerk. 0f 4. SUBDIVISION AGREEMENT - TRACT NO. 7313 - SUNBEAM HOMES - Accepted Monument Bond No. 927297 and Improvement Bond No. 927296 General In- surance Company of America); approved and authorized execution of the Subdivision Agreement, as recommended by the Director of Public Works. �y 5. CLAIM NO. 72-15 - DELMAR NICKEL - DENIED - Denied Claim No. 72-15 filed by Mr. Delmar Nickel for alleged property damages on or about March 24, 1972, in the vicinity of Malaga Lane, City, and referred same to the City's insurance carrier. 1 6. CLAIM NO. 72-16 - GENERAL TELEPHONE COMPANY - DENIED - Denied Claim No. 72-16 filed by the General Telephone Company for alleged damages to underground utilities on or about February 7, 1972, in Holland Avenue east of Beach Boulevard, and referred same to the City's insurance carrier. 7. CLAIM NO. 72-17 - JEANNIN� MARIE TAYLOR - DENIED - Denied Claim No. 72-17 filed by Jeannine Marie Taylor for alleged damages to car by city concrete crew on or about April 4, 1972, in the vicinity of 418 15th Street, City, and referred same to the City's insurance carrier. �q BID AWARD - BANNING & SLATER PUMP STATIONS - CC-207 - WAUKESHA SERVICENT The Clerk read a communication from the Public Works Department recom- mending that the contract for Project CC-207 - Power Unit and Access- ories to Banning Storm Drain Pump Station and Power Unit Accessories. to Slater Storm Drain Pump Station be awarded to Waukesha Engine Servi— center for a bid amount of $33,759.00. Bids for Project CC-207 had been opened at 10:00 A.M., on Monday, April 3, 1972, in the Council Chamber, by the City Clerk, City Attorney and the Director of Public Works, and that due to the complexity of comparison of engine characteristics, award of the contract was deferred to this date. The bicb were submitted as follows.. 3331 Page #8 - Council Minutes - 4/17/72 Waukesha Engine Servicenter Compton $ 33,759.00 Shepherd Machinery Los Angeles $ 347132.00 Engine & Equipment Company South Gate $ 21,273.62 A motion was made by Councilwoman Gibbs, to approve the recommendation of the Director of Public Works and award the contract for Project CC-207, Banning & Slater Storm Drain Pump Stations to Waukesha Engine Servicenter, for a bid amount of $33,759.00; hold all other bids until Waukesha Engine Servicenter has executed contract for said work, and filed necessary bonds; and direct the City Clerk to notify the un- successful bidders at that time of the action, and return their bid bonds forthwith. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ELIMINATION OF REMNANTS �03 PACIFIC COAST HIGHWAY BRIDGE The City Administrator reported that pursuant to Council direction at the March 20, 1972 meeting, the staff had investigated the navigational hazard in the channel leading into Huntington Harbour, caused by the remnants of the old Pacific Coast Highway bridge located within the Naval Ammunition Depot at Seal Beach. He informed Council that a letter had been sent to Congressman Hosmer requesting that he urge the Defense Department to investigate the matter as it appears that the Navy has jurisdiction over the structure. Following discussion between Council and Mr. Rowlands, on motion by Shipley, Council directed that the appropriate Municipal, State, and Federal Agencies be apprised of the city's request for support of their effort to remove this navigational hazard. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ASSEMBLY BILLS 452 & 472 -OPPOSED - SAFETY EMPLOYEES RETIREMENT PROGRAM The Clerk presented a communication from the City Administrator re- garding Assembly Bills 452 and 472 introduced in the State Legislature, which are concerned with adopting the California Highway Patrol Retire- ment Program for all safety employees. The City Administrator informed Council of the increase in the city's property tax rate which might result if the bills were to be approved, and recommended that Council adopt a resolution in opposition unless funds are made available to the city to underwrite such a program. On motion by Matney, Council stated their opposition to Assembly Bills 452 and 472 concerning the adoption of the California Highway Patrol Retirement Program for all safety employees, and directed the City Attorney to prepare a resolution opposing the passage of same for pre- sentation at the next regular meeting. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None 334 Page #9 - Council Minutes - 4/17/72 K1 U.H.F. JOINT POWERS AGREEMENT - APPROVED The City Administrator stated that in connection with the previously approved agreement between the City and County of Orange Communications Department for the installation of a U.H.F. system over the next three years, it is recommended that the Mayor and Clerk be authorized to execute an agreement permitting the county to make the necessary equipment purchases under the cooperative purchasing agreement. On motion by Matney, Council approved the recommendation of the City Administrator and authorized the Mayor and City Clerk to execute an agreement between the city and the County of Orange for the pur-. chase of necessary equipment for the installation of a U.H.F. system, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None DESIGN. CONTRACT - NEIGHBORHOOD .91PARKS - COURTLAND PAUL & ASSOC. - APPROVED The City Administrator informed Council of his recommendation that Council approve a contract in the amount of $20,906.00, between the City and Courtland Paul & Associates for the design of the following neighborhood parks: Greer Annex, Glen View, Golden View, Marine View and Haven View. He stated that the design contract was initiated at this time in order to implement the Greer Annex and Glen View sites simultaneously with the Shapell Industries tract construction southeast of McFadden and Goldenwest Street and would result in considerable savings to the city. Discussion was held on the matter by the Council, Administrator and Development Coordinator. On motion by Bartlett, Council approved the recommendation of the City Administrator; approved a contract with Courtland Paul & Associates in the amount of $20,906.00, for the design of Greer Annex, Glen View, . Golden View, Marine View and Haven View neighborhood parks, and auth- orized the Mayor and City Clerk to execute same on behalf of the city. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green,.Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None iD3 REPORT - WATER CIRCULATION PROBLEMS IN HUNTINGTON HARBOUR The City Administrator reported on the meeting between representatives of the Department of Harbors, Beaches and Development and residents of the Humboldt Island area of Huntington Harbour concerning the eater circulation problems in that area. He stated that water samples were taken and that upon receiving the analysis a report will be presented to Council, together with any necessary recommendations. The Director of Harbors, Beaches and Development, addressed Council con- cerning the matter, stating that its laboratory will be functioning soon, enabling the city to conduct water studies of this nature in city lakes., the ocean and the Huntington Harbour area. Page #10 - Council Minutes - 4/17/72 JOINT LEAGUE OF CITIES COUNTY COMMITTEE ON SB 325 FUNDS The City Administrator informed Council that they had been provided with copies of an agreement and resolution drafted by the County Board of Supervisors outlining the manner in which cities would participate in an environmental enhancement program utilizing SB 325 funds. He stated that a joint meeting of the League of Cities and County Committee on SB 325 Funds had met and concurred with the intent of the.proposed agreement and resolution, and that it was the hope,of the committee. that each city would review the material, adopt a similar resolution and agree to participate is .the program. Discussion was held between the Council and Mr. Rowlands concerning the type of projects for which the funds would be made available, and Mr. Rowlands suggested that he and the City Attorney be author- ized to prepare a detailed report on the matter. On motion by Coen, Council directed the City Administrator and City Attorney to prepare a recommendation regarding this matter and if needed, an appropriate resolution for consideration by Council. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None REQUEST - NEW MEMBER APPOINTMENTS - ENVIRONMENTAL COUNCIL - DEFERRED The Clerk presented a communication from the Environmental Council re- questing that Council approve the appointments of Richard A. A ltimari and Mrs. Robert Rooney as members of the Environmental Council. Discussion was held by Council concerning the method by which persons are selected to serve on the Environmental Council. On motion by Matney, Council directed that this matter be deferred to a later meeting of Council, by the following vote: AYES: Councilmen: Shipley, NOES: Councilmen: Gibbs ABSENT: Councilmen: None Bartlett, Green, Matney, Duke, Coen ARCHAEOLOGICAL RESOURCES IN3HUNTINGTON BEACH The City Administrator presented a Proposal to Conduct Scientific Re- sources Survey for the City of Huntington Beach, which was prepared by Archaeological Research Inc., and submitted to the Huntington Beach Environmental Council. He informed Council of the recommendation of the Environmental Council that immediate action be taken to insure the preservation of archaeological sites within the city, and that funds be authorized to conduct a survey to locate and identify as many poten- tial archaeological sites as possible. Mr. Robert Winchell, Environmental Council member, addressed Council and stressed the need for a scientific resources survey and inventory for the entire city by a qualified group of archaeologists. The City Administrator spoke concerning the possibility of enlisting research teams and students from local colleges to conduct such a sur+ vey,and stated that funds for an archaeological resources survey had been appropriated in next year's budget and if the funds were needed immediately it could be arranged through the contingency fund. Mr. Rowlands stated that he would prepare a report containing recommendations and alternatives on this matter for presentation at the next meeting.' Page #11 - Council Minutes - 4/17/72 DEPUTY CITY CLERKS APPOINTED The Clerk read a letter from his office requesting approval of the appointment of Deputy City Clerks as follows: Miss Ernestina Di Fabio - Chief Deputy City Clerk Mrs. Alicia Wentworth - Deputy City Clerk Mrs. Connie Brockway - Deputy City Clerk Mrs. Mona Terrill - Deputy City Clerk Miss Patti Jewett - Deputy City Clerk Mr. Daniel M. Brennan - Deputy City Clerk Mr. Joseph Lussi - Deputy City Clerk Mrs. Margie Loya - Restricted to giving Loyalty Oaths Mrs. Jeane H. Conroy - Restricted to giving Loyalty Oaths. Mrs. Vivian Borns - Restricted to giving Loyalty Oaths Mrs. Bernice A. Wunch - Restricted to giving Loyalty Oaths On motion by Matney, Council approved the appointment of the Deputy City Clerks.,. as requested by the City Clerk. The motion was passed by the. following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None DEFENSE AUTHORIZED - FIRST CHRISTIAN CHURCH LAWSUIT The. City Administrator brought Council's attention to a pending lawsuit involving Conditional Exception No. 70-40 in which Councilmen Green and Matney have been named as codefendants in.the suit for a preliminary and permanent injunction brought by the First Christian Church and First Christian Tower by the Sea. He then requested the City Attorney to present his recommendation concerning this matter. The City Attorney informed Council of the nature of the suit, stating that Councilmen Matney and Green are being sued for actions taken as a part of the Council of the City of Huntington`Beach and although they are named as individuals in the legal action he would recommend that his office undertake their defense. On motion by Bartlett, Council authorized the City At.torney's office to answer for Councilmen Green and Matney and to represent them in the action for cross complaint for preliminary and permanent injunction. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None �y STUDY SESSION SCHEDULED - PLANNING COMMISSION & COUNCIL The City Administrator recommended that Council schedule a date for the study session to be held between their body and the Planning Commission regarding City Goals and Objectives and the Townlot Study. Council directed that a study session on this matter be held on Monday, April. 24, 1972, at 7:00 P.M. 8� CENTRAL CITY PARK GROUNDBREAKING The City Administrator reminded Council that Groundbreaking Ceremonies. for the Central City Park would be held on Friday, April 28, 1972, at 7:00 P.M. Page #12 - Council Minutes -. 4/17/72 CHANGE IN COUNCIL MEETING TIME The City Administrator suggested to Council that in view of the fact that there was considerable time lost during the dinner hour recess of the Council meeting, that Council might like to consider beginning their meeting at 7:00 P.M. instead of 4:30 P.M. On motion by Matney, Council directed that the meeting time of the City Council he changed from 4:30 P.M. to 7:00 P.M. The motion was passed by the following vote: AYES: Councilmen Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES Councilmen: None ABSENT: Councilmen: None RECESS Mayor Coen called a recess of the Council at 6:10 P.M. RECONVENE The meeting was reconvened at 7:40 P.M. by the Mayor. RESOLUTIONS At the request of Councilman Green, Resolution No. 3472 pertaining to the Route 39 Freeway was held out for separate discussion. On motion by Bartlett, Council directed the Clerk to read Resolutions No. 3469, 3470, 3471 and 3473 by title, waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None A BS ENT : Councilmen: None 36 RES. NO. 34§2 - ADOPTED - UNIFORM SALES & USE TAX "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EX- PRESSING OPPOSITION TO MODIFICATION OF THE SYSTEM OF ALLOCATION AND DISTRIBUTION OF THE UNIFORM SALES AND USE TAX." r6y RES., NO. 3470 - ADOPTED - STREET NAME CORRECTIONS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PRO- VIDING FOR THE CORRECTION OF FINAL TRACT MAP No. 4114 RECORDED ON SEPTEMBER 14, 1961 IN THE OFFICE OF THE ORANGE COUNTY RECORDER." RES. NO. 3471 - ADOPTED - ACCDNNLATION OF TOPICS FUNDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REL- ATIVE TO ACCUMULATION OF TOPICS FUNDS . " RES. NO. 3473 - ADOPTED - MASTER PLAN AMENDMENT NO. 72-3 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMEND- ING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT NO. 72-3." RES. NO. 3472 - ADOPTED - ROUTEIDOPTION FOR ROUTE 39 FREEWAY The Clerk presented Resolution No. 3472 for a reading by title - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING LIMITED REOPENING OF THE ROUTE ADOPTION FOR THE ROUTE 39 FREEWAY." Page #13 - Council Minutes - 4/17/72 Considerable discussion was held by Council regarding the various factors which must be taken into consideration in the adoption of a route and also the need for an environmental impact study to be conducted. It was determined by Council that Section No. 2 of Resolution No. 3472 be amended to include the following sentence: It is to be understood that there should be sufficient studies undertaken by the State to determine the environmental impact this route adoption will have upon the area:` On motion by Green, Council waived further reading of Resolution No. 3472 as amended, and adopted same by the following roll csil.votiat AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Dukes, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCES FOR ADOPTION On motion by Green, Council directed the Clerk to read Ordinance N.. 1741, 1742, and 1743 by title; waived further reading and adopted s by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke', Coen NOES: Councilmen: None ABSENT: Councilmen: None ORD, NO. 1741 ADOPTED - ZONE CASE NO. 72-4 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTING - TON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PRO- VIDE.FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED WEST OF THE CENTER-.. LINE OF NEWLAND STREET, NORTH OF THE CENTERLINE OF TALBERT AVENUE:. (ZONE CASE NO. 72-4)." 7a- 3 3 ORD. NO. 1742 - ADOPTED —ALUMINUM CONDUCTORS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 8221..63, AND ADDING SECTION 8221.5.1 PROHIBITING THE USE OF No. 6 AMERICAN WIRE GAUGE ALUMINUM CONDUCTORS." ro-aq ORD. NO. 1743 - ADOPTED - BEACH. PIER & PARKING LOT REGULATIONS "AN ORDINANCE OF THE.CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 7511.2, .7511.99 7511.19.19 7525.3, 7525.42.7526.3, AND 753.1.2. AND BY ADDING THERETO SECTIONS 7511.23 AND 7555 CONCERNING BEACH, PIER AND. PARKING LOT REGULATIONS." ORDINANCES FOR INTRODUCTION On motion by.Bartlett, Council directed the C1erk.to read Ordinance Nos. 1744 and 1745 by title, and waived further reading of same by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke,. Coen NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1744 - FIRST READING - ZONE CASE NO. 72-10 "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 SLATER AVENUE, EAST OF BEACH BOULEVARD (ZONE CASE NO. 72-10) ..'R 339 Page #14 - Council Minutes - 4/17/72 ORD. NO. 1745 - FIRST READING!- ZONE CASE NO. 71-28 "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 BEACH BOULEVARD AND NORTH OF ELLIS AVENUE (ZONE CASE NO. 71- 28) . " COMMUNITY. PARK SITE LOCAiiON The Clerk presented a communication from the Planning Commission setting forth their reasons for opposing acquisition of the proposed 11.54 acre parcel of land located on the south side of Garfield Avenue and east of the Edison easement for community park purposes. It was determined that a community park site at that location would not serve the best interests of the city and that investigation should be made into acquiring the 2.7 acre parcel on the west side of Magnolia Street and south of Garfield Avenue as it could be combined with the proposed high school.site,:Edison easement and possibly the K-Mart parking.lot. Considerable discussion was held by Council on the matter. On motion by Green, Council directed the Recreation and Parks.Commission and Department to seek, as soon as possible,a community park site so located that it will adequately serve the section of the community in the southeast portion of the city. The motion was passed by the following vote: AYES: Councilmen.: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None REQUEST TO ADDRESS COUNCIL =ARE: TENTATIVE TRACT MAP 7596- DEFERRED The Clerk presented a communication from Dr. Jack E. Mahnken, repre- senting the Board of Trustees of the Fountain Valley School District, requesting an opportunity to address Council regarding Tentative Tract Map No. 7596 which is to be considered by Council at this meeting. Mayor Coen informed Mr. Mahnken that his topic was related to Tentative Tract Map No. 7596 and an appeal to the approval of Use Permit No. 72-13 which would be considered under the Public Hearings section by the Council. 35 APPLICATION FOR BUSINESS LICENSE - HEIKO VELDMAN - DENIED The Clerk presented a communication from Mr. Heiko Veldman, 1825 Uni- versity Avenue, Riverside, California, appealing the Administration's denial of a business license for the conduct of the University Health Center #22 at 17434 Beach Boulevard, City. He further informed Council that this matter had been deferred from the April 3, 1972, meeting at which time Council directed that a hearing be set for this date and that counsel for Mr. Veldman be so notified. Mr. Veldman addressed the Council and stated that he had just received a call from his attorney who stated that he would be unable to attend the hearing. Mr. Veldman requested that Council allow him to proceed without benefit of counsel. A motion was made by Councilman Shipley to defer the hearing on this matter until the applicant can be represented by his attorney. Following discussion, the motion made by Councilman Shipley was withdrawn. 131 Page #15 - Council Minutes - 4/17/72 The City Attorney stated that it was preferable that the hearing be continued until such time as Mr. Veldman's attorney was present to represent him. A motion was made by Councilwoman Gibbs, that the hearing on Mr. Ve ldman's appeal to the Administration's denial of a business license for the conduct of said business be held at this time, and was passed by the following vote AYES: Councilmen Shipley, Coen NOES: Councilmen: None ABSENT: Councilmen: None Bartlett, Gibbs, Green,.Matney, Duke, Mr. Veldman addressed Council at length concerning the reasons why he believed his application for business license should be approved. Councilman Coen asked the City Attorney questions concerning the legal basis for denial of a business license, and Mr. Bonfa read a section of the business license portion of the ordinance code for Council's information. In response to a question by Councilwoman Gibbs, the City Attorney stated that he could see no reason why the business license could not be granted for a one year period with conditions imposed, providing that Mr. Veldman was willing to accede to these arrangements. Police Chief Robitaille spoke on the matter, giving a brief history of the operation for Council's information. He informed Council that it was his strong recommendation that the application be denied. Mr. Veldman again addressed Council and presented a brief rebuttal to the Police Chief's statements. A motion was made by Councilman Bartlett that Council deny the appli- cation for business license filed by Heiko Veldman based on a finding of fact that the Police investigation appears to warrant such denial because the past history indicates said business would be detrimental to the health, safety, welfare and morals of the community. On the recommendation of the City Attorney, Mayor Coen directed that the Police Report and any other communications relating to this matter be recorded as part of these proceedings by the City Clerk. Following discussion, the motion made by Councilman Bartlett was with- drawn. On motion by Green, Council denied the application for business license filed by Heiko Veldman to conduct a massage parlor at 17434 Beach Boule- vard, to be known as the University Health Center #2, based on the following: Lack of full disclosure by the applicant; prior associations of the applicant; prior record of employees, and the statement of the applicant's former partner. The motion was passed by the following vote AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke. NOES: Councilmen: Gibbs, Coen ABSENT: Councilmen: None PUBLIC HEARING - CE NO. 72-6 - APPiAL - JOSE A__BROWN - CONTINUED. Mayor Coen announced that this was the day and hour set for a public hearing on an appeal filed by Jose A. Brown, P.O. Box 141, City, to the denial by the Planning Commission of Conditional Exception No. 72-6 to permit the construction of 3 units on a lot having 5875 square Page #16 - Council Minutes - 4/17/72 feet of lot area or 1958 square feet per unit in lieu of the minimum open space dimension of 19 feet in lieu of the minimum requirement of 20 feet on property located 100 feet west of Acacia Avenue and south of 16th Street in the R2 Two Family Residence District. The Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that he had received a communi- cation from the appellant requesting a continuance of the hearing until after the proposed code amendment to permit one unit per 1950 square feet in the R2 town lots has been considered. Mayor Coen declared the hearing open. On motion by Coen, Council directed.that the public hearing on Conditional exception No. 72.6 be continued to the June 5, 1972 Council meeting. The motion was passed by the following vote: AYES Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Caen NOES: Councilmen None ABSENT: Councilmen: None PUBLIC HEARING - CE NO. 724" APPEAL - CHARLES R. JOHNSON -- CONT. Mayor Coen announced that this was the day and hour set for a public hearing on an appeal filed.by Charles R. Johnson, 8061 Taylor Street, City, to the denial by the Planning Commission of Conditional Exception No. 72-7, to permit the following: (a) The construction of 3 units on.an R3 lot having 5875 square feet of lot area or an average of 1958 square feet per unit in lieu of the minimum requirement of 2000 square feet per unit; (b) A reduction in the minimum open space dimension re- quirement from 20 feet to 10 feet; (c) A gross dimension on the covered. parking provided of 36 feet in lieu of the required minimum net dimension of 36 feet. Subject property is located on the west side of 14th Street, 180 feet north of Pecan Avenue in the R2 Two Family Residence District, The Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that he had received no com municAtions or written protests to Conditional Exception No. 72-7 or to the recommendation of denial by the Planning Commission. Mayor Coen declared the hearing open. On motion by Coen, Council directed that the public hearing on Con- ditional Exception No. 72-7 be continued to.the June 5, 1972 Council meeting by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT Councilmen: None PUBLIC HEARING - ZONE CASE 72-12 - APPEAL - DENIED - WARMINGTON CONST. Mayor Coen announced that this was the day and hour set for a public hearing on an appeal filed by Warmington Construction Company, Newport Beach, to the denial by the Planning Commission of Zone Case No. 72-12 for a change of zone from R5 Office -Professional District, to R3 Limited Multiple Family Residence District on property consisting of approxi- mately 3.8 acres of land located on the north side of Warner Avenue, 990 feet west of Beach Boulevard. 341 Page # 17 - Council Minutes - 4/17/72 The Clerk informed Council that all legal requirements for?uot if cation, publication and posting had been met, and that he had re- ceived no communications or written protests to Zone Case No. 72-12, or to the recommendation of denial by the Planning Commission.. 'The Clerk informed Council that a communication had just been received from the appellant requesting a continuance of the hearing to the May 1, 1972, Council meeting. Councilman Duke requested an opinion of the City Attorney concerning the propriety of his consideration.of any appeals brought before Council which he may have acted upon at the Planning Commission level during his term on that body.. The City Attorney advised Councilman Duke that it was his opinion that he should -disqualify himself from consideration.of any item which is appealed to the City Council on which he had acted during. his term as Planning Commissioner. Considerable discussion was held. by Council, and .the City Attorney was directed to investigate..the legality of Councilman Duke participating in appeal matters which he may have acted upon at the Planning Commission level. The Planning Director displayed the area through the use of a view - graph, and presented the Planning Commission.'s reasons for their recommendation of denial Mayor Coen declared the hearing open. 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. Councilman.Duke requested and was granted permission. to abstain from voting on the matter. On motion by Green, Council sustained the decision of the Planning Commission and denied Zone Case No. 72-12 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen NOES: Councilmen: None ABSTAIN: Councilmen: Duke ABSENT:: Councilmen: None PUBLIC HEARING - T.T. MAP #7596 -BUY h 2-13 - APPEAL - CONTINUED Mayor Coen announced that this was the day and hour set for a public. hearing on an appeal filed by himself to the approval by the Planning Commission of Tentative Tract Map #7596 and Use Permit #72-13 with conditions as stipulated by the Planning Commission to allow the con- struction of a townhouse development consisting of 572 lots on 81.7 . acres of land in the R1 Single Family Residence District, on property located south of Garfield Avenue and east of Newland Street. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been net, and that.he had re- ceived no communications or written protests to Tentative Tract Map #7596 or Use Permit #72-13 or to the recommendation of conditional approval by the Planning Commission. Mayor Coen declared the hearing open. The City Attorney informed Council that his office had prepared a memorandum concerning this matter for their information. 3431 Page #18 - Council Minutes - 4/17/72 Mrs. Katherine Swanson, 8951 Albatross Drive, City, addressed Council and requested a continuance of this matter until the City Attorney has had an opportunity to research the question of Councilman Duke's eligibility to vote on appeal items appearing before the Council, on which he has taken part in on the Planning Commission level. The City Attorney restated his opinion that Councilman Duke would be eligible to vote on any Council item except appeals to decisions of the Planning Commission which he had considered as a Planning Commissioner. On motion by Matney, Council directed that the public hearing on Ten- tative Tract Map #7596 and Use Permit #72-13 be continued to.the meet- ing of May 1, 1972 at which time Councilman Duke's status regarding, appeal hearings will have been determined. The motion was passed by the following vote AYES: Councilmen: Shipley, NOES: Councilmen: None ABSTAIN: Councilmen: Duke ABSENT: Councilmen: None RECESS Bartlett, Gibbs, Green, Matney, Coen Mayor Coen called a recess of the Council at 9:30 P.M. RECONVENE The meeting was reconvened at 9:33 P.M. PUBLIC HEARING - CE NO. 72-8 2'APPEAL - HUNTINGTON BEACH CO. CONT. Mayor Coen announced that this was the day and hour set for a public. hearing on an appeal filed by the Huntington Beach Company, 2110 Main Street, City, to the denial by the Planning Commission of Conditional Exception No. 72-8, to permit a wholesale nursery on approximately 8.26 acres of land in the M2-02 Heavy Industrial District, combined with ,,.oil product3a,h, on property located at the southwest corner of Golden - west Street and Garfield Avenue. The Clerk informed Council that all legal requirements for.notifi- cation, publication and posting had been met., and that he had received no communications or written protests to Conditional Exception No. 72-8 or to the recommendation of denial by the Planning Commission. Mayor Coen stated that he believed that this matter should be continued to the meeting of May 1, 1972, at which time Council will have received the Attorney's opinion regarding Councilman Duke's voting status. Mayor Coen declared the hearing open. Councilman Duke requested and was granted permission to abstain from voting on the matter. On motion by Gibbs, Council directed that the public hearing on Con- ditional Exception No. 72-8 be continued to May 1, 1972, by the follow- ing vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen NOES: Councilmen: None ABSTAIN: Councilmen: Duke ABSENT: Councilmen: None -1 4 Page #19 - Council:Minutes - 4/17/72 PUBLIC HEARING - ZONE CASE 72-7 - AP Y 'AL - LAWRENCE RINK - CONT.. Mayor Coen announced that this was the day and hour set for the con- tinuance of a public hearing opened on March 6, 1972, on an appeal filed by Lawrence J. Rink, 1434 Westwood Boulevard, Los Angeles, to the denial by the Planning Commission of Zone Case No. 72-1, 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 Algon- quin Street and Pearce Avenue and consists of approximately 4.48 acres .of land. Mayor Coen suggested a continuance of this matter to the meeting of May 1, 1972, at which.time the issue of Councilman Duke's eligibil- ity to vote on these matters will have been resolved. Councilman Duke requested and was granted permission to abstain from voting on the matter. On motion by Green, Council continued the public hearing on Zone Case No. 72-7 to the meeting of May 1, 1972, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen NOES: Councilmen: None ABSTAIN: Councilmen: Duke ABSENT: Councilmen: None PUBLIC HEARING - DENIAL OF MASTER PLAN AMENDMENT NO 72-2 DENIED Mayor Coen announced that this was the day and hour set for a public hearing to.consider the denial by the Planning Commission of Master Plan Amendment No. 72-2, to master plan a portion of Study Area "C". The proposed amendment is for a change from light industrial to mediun density residential for a 36.5 acre parcel located at the northwest corner of Edinger Avenue and Graham Street. The Clerk informed Council that all legal requirements for.publi- cation on said hearing had been met and that he had received no com- munications or written protests to Master Plan Amendment No. 7 2- 2, or to the recommendation of denial by the Planning Commission. The Planning Director presented a resume of the Planning Commission's reasons for recommending denial of Master Plan Amendment No. 72-2. The Clerk read portions of the minutes of March 20, 1972, at which time Council directed that a public hearing be set on this matter, Discussion was held between the Council and City Attorney, and Mr. Bonfa stated that it was his opinion that this was not an appellate matter,. but a routine zone change item, and that Councilman Duke would be eli- gible to participate in the proceedings. Mayor Coen declared the hearing open. Mr. Clyde Walp, representing the Oceanview School District, addressed Council concerning the proposed phasing of the project. Mrs. Ruth Findley, representing the League of Women Voters addressed Council and gave reasons why she believed the proposed Master Plan Amendment should be denied. Mr. Brian Parkinson, representing the Home Council, addressed the Council and requested denial of the proposal. 3 L� Page # 20 - Council Minutes - 4I17I72 Mr. Gabriel Mocilniker, 15791 Hummingbird Lane, City, addressed the Council in opposition to the proposed development from a school, fire services and income base, stating that it would prove a burden to the community. Mr. John Lusk, Chairman of the Board of Huntington Beach Industrial Park, addressed Council and explained the proposed development, stating that it would be an asset to the community. He submitted letters from various companies in Southern California endorsing his project. 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. A lengthy discussion was held by Council concerning the history of the proposed industrial park. On motion by Matney, Council sustained the decision of the Planning Commission and denied Master Plan Amendment No. 72-2 by the following vote: AYES: Councilmen: Shipley, Gibbs, Green, Matney, Duke NOES: Councilmen: Bartlett, Coen ABSENT: Councilmen: None PUBLIC HEARING - ZONE CASE NO.� 72-13 - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-13, which proposes a change of zone from R1-0 Single Family Residence District, combined with oil production, to R1 Single Family Residence District, from R4-01 Multiple Family Residence District, combined with oil production, to M2-02 Heavy Indus- trial District, combined with oil production, from R4-0 Multiple Family Residence District, combined with oil production, to R4-01 Multiple Family Residence District, combined with oil production, and from RI-0 Single Family Residence District, combined with oil production, to R4-01 Multiple Family Residence District, combined with oil production. The Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that he had received no com- munications or written protests to Zone Case No. 72-13 or to the recom- mendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 72-13. Mayor Coen declared the hearing open. Mr. Jerry Shea, representing the Huntington Beach Company, addressed. Council and submitted a diagram of the area for Council's information. 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. 72-13, 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, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None 3 Page # 21 - Council Minutes - 4/17/72 PUBLIC HEARING - ZONE CASE NO. 72311 - INITIATED BY PC - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-11 - as initiated by the Planning Com.-i mission, which proposes a change of zone from R.2 Two Family Resi deuce District to RA Residential Agricultural. District on property consisting of a 6.23 acre parcel of land located on the northwest ocrner of Hamilton Avenue and:Magnolia Street. The Clerk informed Council that all legal requirements for. notifi- cation, publication and posting had been met, and that he had.received no communications or written protests to Zone Case No. 72-11.or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 72-11. Mayor Coen declared the hearing open. There being no one present to speak on the matter and theie.Ueing no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council sustained the decision of the Planning Cotmiission;. approved Zone Case No. 72-11 as initiated by the Planning' Commission; 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, Duke, Coen NOES: Councilmen: None ABSENT Councilmen: None �r PUBLIC HEARING - ZONE CASE NO. 72-6 - INITIATED BY PC - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-6 - initiated by the Planning Commission which proposes a 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'centerl-ine of Beach Boulevard.and consisting of 2.2 acres of land. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and that he had received no communications or written protests to Zone Case.No. 72-6 or to the recommendation of approval by the Planning Commission. The Planning. Director presented a resume' of the Planning.Commission's reasons -for recommending approval of Zone.Case No.'72-6. Mayor Coen declared the hearing open. 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 No. 72-6 as initiated by the Planning Commission 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, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None 34 Page #22 - Council Minutes - 4/17/72 PUBLIC HEARING - RES. OF INTENT 3467s- UNDERGROUND UTILITY DIST. 72-5 Mayor Coen announced that this was the day and hour set for a public hearing on Resolution of Intent No. 3467 to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric,. communication, or similar or associated service within the right-of- way of Magnolia Street from Atlanta Avenue to Hamilton Avenue - only city -owned property. .The Clerk informed Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met and that he had received no communications or written protests against the formation of said underground utility district. The Clerk further informed Council that a report from the City Engineer had been submitted on the matter. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either for or against, the hearing was closed by the Mayor. On motion by Shipley, Council approved the formation of Underground Utility District No. 72-5 and directed the City Attorney to prepare a resolution establishing same, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen None ABSENT: Councilmen: None i r-5 PUBLIC HEARING - RES. OF INTENT 3460 - UNDERGROUND UTILITY DIST. 72-3 Mayor Coen announced that this was the day and hour set for a public hearing on Resolution of Intent No. 3460 to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground. installation of wires and facilities for supplying electric., communication,, or similar or associated service within the right-of-way of Warner Avenue from Algonquin Street to Sims Street - only city -owned property. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met, and that he had received no communications or written protests against the formation of said underground utility district. The Clerk further informed Council that a report from the City Engineer had been submitted on the matter. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed either for or against, the hearing was closed by the Mayor. On motion by Bartlett, Council approved the formation of Underground Utility District No. 72-3, and directed the City Attorney to prepare a resolution establishing same, by the following roll call vote AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None a Page #21 - Council Minutes - 4/17/72 r1 q PUBLIC HEARING - HEARING OF PROTESTS - WEED ABATEMENT Mayor Coen announced that this was the day and hour set for a public hearing on Resolution of.Intent No. 3449 of the City Council, declaring a nuisance to exist in the form of weeds, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Resolution No. 3449 of the City Council, as posted conspicuously along all the streets and property within the district described in said Resolution, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 17th day of April, 1972, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing on a declaration that a nuisance exists and providing for the abatement thereof. The Clerk informed the Council that he had received no communications or written protests to Resolution No. 3449 of the City Council pro- posing to abate the weed nuisance, and read the Affidavit of Posting of Notices to Destroy Weeds which had been executed by the Street Superintendent. Mayor Coen declared the hearing open. 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 Bartlett, Council authorized the Street Superintendent to proceed with the abatement of the weed nuisance in the City, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES. Councilmen: None ABSENT: Councilmen: None .�a APPOINTMENTS - ORANGE COUNTY SANITATION DISTRICTS #3 AND #11 Mayor Coen announced the following appointments to Orange County Sanitation Districts #3 and #11. O.C. Sanitation District #11 - Mayor Coen Councilman Duke Councilwoman Gibbs (Alternate) O.C. Sanitation District #3 - Mayor Coen Councilman Green (Alternate) 1/9 APPOINTMENTS - WEST ORANGE COUNTY WATER BOARD Mayor Coen appointed Councilman Bartlett and himself to serve on the West Orange County Water Board. Trash Dumping - Complaint Mr. William Trestar, 14622 Monroe Street, Midway City, addressed Council concerning property that he owns in the city which is being used by people for dumping trash and debris. Mayor Coen suggested that he contact the City Administrator or his aide, Mr. Belsito, regarding a remedy to this situation. Lw Page # 24 - Council Minutes - 4/17/72 ITEMS RECEIVED AND FILED BY THE CITY COUNCIL The following items were ordered received and filed by the City Council. Citizens response t&'-coupons from March issue of the Huntington Beach Sands, Huntington Beach Fire Department Monthly Admini- strative Report. Operating Costs and Function of Police Reserves, Cadets and Explorers. INFORMAL MEETING CALLED - PANNING COMMISSION & COUNCIL Mayor Coen called an informal meeting of the Council as a Committee of -the -Whole for April 24, 1972, at 7:00 P.M., in the Administrative Annex, to meet with the Planning Commission concerning City Goals and Objectives and the Townlot Study. ADJOURNMENT On motion by Shipley, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:55 P.M. The motion was passed by the following vote; AYES: Councilmen; Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ATTEST: Paul C. Jones City Clerk Paul C . Jones City Clerk and ex-officia Clerk of the City Council of the City of Huntington Beach, Calitornia Alvin M. Coen Mayor r