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HomeMy WebLinkAbout1978-01-03MINUTES Room B-8, Civic Center Huntington Beach, California Monday, January 3, 1978 A tape recording of this meeting is on file in the City Clerk's Office Mayor Pattinson called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:30 P.M. ROLL CALL Present: Bartlett, Coen, Gibbs, Siebert, Pattinson (Vieder arrived 7:"29 P.M., Shenkman arrived 7:00 P.M.) Absent: None OLD TOWN DRAINAGE PROBLEM - DECISION DEFERRED The Director of Public Works addressed Council regarding the Old Town Drainage Problem and referred to his communication dated December 16, 1977. He stated that Phase I was completed and used a viewgraph to display the remaining areas of concern. He spoke regarding Phase III of the plan which is anticipated to Cost $700,000. If Housing and Community Development funds 'in the amount of $400,000 are approved. by Council, only $300,000 will be needed to complete Phase III. 'A viewgraph was presented showing the financial considerations of Phase I - (Completed) - Phase II (Underway) - Phase III (Requested) and Phase IV (Future), together with a history of collection of fees. He stated that if the Council approved a loan of $300,00 from the City's Reserve Fund for Phase III, to be repaid with interest, and prior to HUD approval in September, 1978, the pipe could be purchased in advance, the contract advertised and awarded and the project completed prior to next year's rainy season. Following discussion, the Council stated that a determination on this matter would be made at a later date. PROPOSED ACQUISITION OF LAND FOR WATER FACILITIES & HEADQUARTERS The Director of Public Works addressed Council regarding a proposal to acquire 3.03 acres of land to expand the existing City water facilities located on Huntington Street and as referred to in his December 29, 1977 communication to Council. He displayed a viewgraph and a copy of an aerial photograph of the area. Re recom- mended Council approval of Plan B which would be to acquire all the land bounded by the existing water facility, the railroad right-of-way, Garfield Street. and Huntington Street. The possibility of purchasing the property from the Huntington Beach Company through the sale or trade to them of the Old City Yard Site was dis- cussed by staff and Council. Councilman Shenkman arrived at the meeting at 7:00 P.M. On motion by Gibbs, second Bartlett, Council adopted Plan B as recommended by the Director of Public Works. The motion carried by the following roll call vote: AYES: Bartlett, Coen, Gibbs, Shenkman, Pattinson NOES: Siebert ABSENT: Wieder 1_02 Page #2 - Council Minutes - 1/3/78 The Director of Public Works was authorized to proceed with the necessary steps, e.g, appraisal, toward acquisition. EXECUTIVE SESSION CALLED The Mayor called an executive Session of Council at 7:10 P.M. to discuss litigation and personnel matters. RECESS The Mayor called a recess of Council. RECONVENE Councilwoman Wieder arrived at 7:29 P.M. during the Executive Session. RECONVENE The Council meeting was reconvened by the Mayor. ADJOURMiM Mayor Pattinson declared the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned. ATTEST: Alicia M. Wentworth City Clerk Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r By DepUty Q40�6-z _;ZI Ronald R. Pattinson Mayor 10 —1 MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, January 3, 1978 A tape recording of this meeting is on file in the City Clerk's Office Mayor Pattinson called the regular meeting of the City Council of the City of Huntington Beach .to order at 7:30 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The invocation was given by Donna Harris, Huntington Beach Coordinating Council. ROLL CALL Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson Absent: None: J PRESENTATION - GARY JONZS - ENVIRONMENTAL COUNCIL The Mayor presented a plaque to Gary Jones for :service on the Environmental Council. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Siebert, second Coen, the following items were approved, as recom- mended by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None Absent: None PLANNING COMMISSI_O_N RESIGNATION -- GIBSON - Accepted, with regret, the resignation of Charles T. Gibson from the Planning Commission and directed the preparation of an appropriate commendation. REVISED OAKVIEW.DAY CARE CENTER LEASE AND MANAGEMENT AGREEMENT - Approved and authorized the Mayor and City Clerk to execute the revised Oakview Day Care Center Management Agreement, including Clause G; "Mutual Waiver of Subrogation", between the City and the Orange County'Superintendent of Schools and the Ocean View School District. J HOUSING AND COMMUNITY DEVELOPMENT MONTHLY STATUS REPORT - Received and filed the December Housing and Community Development Monthly Status Report submitted by the Planning Director. PARCEL MAP 77-37 - SHAFFER DEVELOPMENT - Approved Parcel Map 77-37, located on the west side of Green Street, north of Pearce Street, accepted offer of dedi- cation, and instructed the City Clerk to execute same and to release for pro- cessing by the County. 104 Page #2 -- Council Minutes - 1/3/78 NOTICE OF COMPLETION - TRACT 9275 - LA CUESTA - Accepted improvements dedicated for public use in Tract 9275, located at the northeast corner of Pearce Street and Bolsa Chica Street, authorized release of the Faithful Performance Bond, the Monument Bond and termination of the Subdivision Agreement. NOTICE OF COMPLETION - TRACT 8106 - SHAFFER-JEDINAK - Accepted improvements dedicated for public use in Tract 8106, located at the southwest corner of Pearce Street and Sims Street, authorized release of the Faithful Performance Bond, the Monument Bond and termination of the Subdivision Agreement. HUNTINGTON HARBOUR WATERWAYS AGREEMENT - Approved agreement with the City and County Harbors, Beaches and Parks.District for the removal of refuse and debris on the water- ways in Huntington Harbour, and authorized execution by the Mayor and City Clerk. .i ADVISORY COMMITTEE ON THE HANDICAPPED RESIGNATIONS - KENNEDY/MILLER/GERSON - Accepted; with regret, the resignations of Allan T. Kennedy, Ronald L. Miller and Mark Gerson from the Mayors Advisory Committee on the Handicapped, and directed the preparation of the appropriate commendations. PARCEL MAP 77-24 - RONALD O'NEAL - Approved Parcel Map 77-24, located on the southeast corner of Redondo Circle and Talbert Avenue, accepted offer of dedication and instruct- ed the City Clerk to execute same and to release for processing by the County. J MULTI -MODAL TRANSPORTATION CENTER LOCATION AND FEASIBILITY STUDY - Approved the selection of P.B.Q & D. Inc., as the consultant for the Huntington Beach Multi -Modal Transportation Center location and Feasibility Study - City's 10 percent share ($6,000 to be financed from Gas Tax Funds). v REDEVELOPMENT CONSULTANT EXPENDITURES - Accepted transmittal from the Redevelopment Agency Director of consultant expenditures through December, 1977 for Redevelopment Agency Consultants Urban Projects, Inc., and McDonough, Holland, Schwartz & Allen. PUBLIC HEARING - FOURTH YEAR HOUSING AND COMMUNITY DEVELOPMENT APPLICATION AND NEGATIVE DECLARATION 77-131 - CONTINUED TO 1/26/78. Mayor Pattinson announced that this was the day and hour set for the continuation of a public hearing on the Fourth Year Housing & Community Development Block Grant Application including a 1.29 million dollar Community Development Program, Community Needs, Long and Short -Term Objectives, Housing Assistance Plan Goals and Negative Declaration No. 77-131. The City Clerk stated that a letter had been received from Bill McCue, Executive Director of the Orange County Fair Housing Council requesting permission to address Council and that copies of Project Descriptions and the HCD Program Fourth Year Application were on file in the City Clerk's Office.. Steve Kohler, City Senior Community Development Specialist,addressed Council and with the aid of a viewgraph gave a short -presentation of the adopted recommendation of the Citizens' Advisory Committee which had been presented to the Council during the adjourned regular meeting held just prior to this meeting. Mayor Pattinson stated that the -public, hearing on the matter had been opened on Dec- ember 19, 1977 and continued to this date due to the poor citizen response. .. Page #3 - Council Minutes - 1/3/78 Bill McCue, Executive Director of the Orange County Fair Housing Council, addressed Council and spoke regarding his function with the Council. In particular, he spoke briefly on Item 3 - Old Town Park Acquisition; Item 10 - Traffic Signal at 17th and Orange; Item 4 - Newland House Perking, and Item 1 - Downtown Revitalization, giving reasons for his disapproval of these items. Mr. McCue referred to the Housing and Community Development Block Grant funds, pointing out that the intention of these funds was primarily to aid low-income citizens in the community. Discussion was held on the matter between Mr. McCue and Councilwoman Wieder, and Mr. McCue and Councilman Siebert regarding Item 10 - Traffic Signal at 17th and Orange. Mr. McCue suggested that the $47,000 needed for the traffic signal come from another source of funding. In his opinion, the City in approving this action, would be denying the funds to an area which would be more appropriate. He stressed that the HCD Program should be used for projects for which there are no alternate sources of funding. Dean Albright, City, addressed Council and urged them to consider the recommenda- tion of the Citizens' Advisory Committee. He stated that input had been taken from the Oakview area residents and it was found that many people in that area were in dire need of all kinds of services, especially from the City. In his opinion, the Housing and Community Development Committee had gotten more input than City staff by personally talking to low-income people. He stated that he did not believe that enough advertising was done, which accounted for the poor attendance at the public hearings. Mr. Albright stated that in his opinion, Housing and Community Development funding designated -for low-income families and senior citizens should be spent on them. He commented on the 'Vial of Life' program, already existing in many other states and smoke detectors units. Mr. Albright in conclusion urged Council to consider the Housing and Community Development Committee's recommendations. James DeGuehle, City, addressed Council on behalf of the citizens of Huntington Beach. He spoke of the need for signs in the City in order that people can identify more readily where they are and suggested that the funds be allocated from the Housing and Community Development Vund. Discussion was held regarding street signs and a proposaI for community action on this matter by the Chamber of Commerce. The Director of Public Works stated that street signing was in the process of being upgraded. Susan D. Betts, Chairman of the Housing and Community Development Citizens' Advisory Committee, addressed Council and spoke regarding the acquisition of a site for a mobile home park for senior citizens. She stated that following debate, the matter was dropped by a vote of the Committee. The Planning staff had been working on the feasibility of a Senior Citizens' Center at the old Civic Center Site downtown. She was in favor of mobile homes for Senior Citizens who.are unable to own their own homes, citing reasons for her opinion Mrs. Betts stated that the mobile home park would have been high on their priorities, had they had the chance to vote. Councilwoman Wieder inquired whether all the groups had a chance to get together eventually in the process of decision making and it was ascertained that they did not. She suggested to the City Admin- istrator that the matter be followed up in the process for next year. 106 Page #4 - Council - Munutes - 1/3/78 Gordon Offstein, City, requested that the City make a contribution to low-income housing in the City. He stated that HUD had been removing funds from many cities to urban communities, that it had been published in an article by the Herald Examiner and that Huntington Beach could ,just as easily lose their allocation of HUD funds_ Ruth Bailey, Chairman of the Human Resources Council, addressed Council on their behalf. She stated that she would like to emphasize and clarify some of the points from their report. The projects are numbered in order of the Council's priorities: (1) Low income housing was chosen as the number one priority because they have long recognized the deficiency the City has for the availability of low and moderately low income housing and according to staff analysis,the current estimated shortage of units is over 5,000 and it is time, in their opinion, that the City Make a commitment. In previous years, most of the money has gone for sewers, water pipes, public works and study projects. (2) Senior Citizens' Mobile Home Park, which is the type of living desirable for citizens because it is more individual and easily accessible. The Human Resources Council would like to recommend that staff make a concerted effort to see if such land is available in Huntington Beach. (3) Old Town Park —because of high -density population and good schools and the area being a potential slum, this would be a good use of the money. (4) Oakview Center - because of its success as a center and the high usage in the entire neighborhood, the Council approved the center. (5) Newland House would be a good use for this amount of money because it would finish the project and make them self-sustaining and they have handled many projects which has brought in revenue. (6) We have deleted $10,000 from the recommendation for the Mobility Barriers for the handicapped because it was thought that they had done their own study in the City for the needs they had discussed, however, it is not sufficient and that $10,000 was going to be used for more study in that area. (7) Neighborhood Rehabilitation Preservation Loans- the Human Resources Council felt it was a good idea fundamentally but feel an evaluation should be made before additional costs for administration be used. Other cities will be doing the same thing and perhaps pooling efforts with them would be benefi- cial to the City. (8) Main Street Village- the Council lowered the amount to $75,000 because this could be used to change the light at the Main Street and Pacific Coast High- way intersection, and they recommend that part of the project, however, there are other sources of funding for the repair and replacement of inadequate sewer and water pipes. In conclusion,Mrs. Bailey stated that the Human Resources Council would like to commend the Housing and Community Development Committee for doing a very good job of meeting in the target areas and responding to those who did speak before them. They -would also recommend, she stated, that 25% of the $70,000 be allocated for administration, to be used specifically for those persons to go out into the community to help write the grant. 107 Page #5 - Council Minutes - 1/3/78 Discussion was held between Council and staff on the matter. There being no one further present to speak on the matter and there being.no further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Shenkman, second Gibbs, Council continued decision on the Fourth Year Housing and Community Development Application and Negative Declaration 77-131 to January 16, 1978 at 6:30 P.M. at which time Council would conduct an adjourned meeting on the matter. The motion carried unanimously. PUBLIC HEARING - APPEAL TO DENIAL OF AR #77-113 - DENIED Mayor.Pattinson announced that this was the day and hour set to hear an appeal filed by Dora Odom to the Planning Commission's denial of Administrative Review No. 77-113 (Formerly appealed from the Board of Zoning Adjustment's denial). Administrative Review No. 77-113 is a proposal to permit the operation of a group home for adults to house five (5) mentally disordered adult famale persons. The subject location is 17382 Queens Lane, approximately 400 ft. north of Slater Avenue in the R-3 (Medium High Density Residential District). The City Clerk informed Council that all legal requirements for notification, publication and posting had been met and that other than the.letter of appeal, she had received no communications or written protests to the matter. Councilman Coen stated that he had a conflict of interest in the matter and would abstain from voting. Jack T. Kirkpatrick addressed Council and stated that he handled the ordering and dispensing of medication for the residents of Dora Odom's board and care home. He stated that Mrs. Odom was being pushed from all sides, being forced to move from one location to another, which was affecting the residents. He explained the stress of residents of having to move from one community to another, and the effort put into their rehabilitation, and their efforts to go out on their own and make a living for themselves. Mr. Kirkpatrick believed it would take time for the public to be able to accept these people; and commented on the lack of places where they are accepted and the importance of keeping the residence they now occupy. Slowly but surely, he stated, the board and care homes have been driven out of Huntington Beach and he requested Council to consider this fact. Councilman Siebert asked Mr. Kirkpatrick what role he took in the rehabilitation of these people. Mr. Kirkpatrick replied that he functioned as a male nurse. Councilman Siebert expressed concern as to the dispersement of medication and the possible side -effects of such medication. It was determined that Mr. Kirkpatrick was not a registered male nurse but he believed he qualified as such due to his past experiences in the field. Councilwoman Wieder inquired whether the facility was obliged to qualify under State regulations and it was found that the operator of the board and care facility would require licensing by the County. Joe Piazza, resident in the area of Mrs. Odom'.s board and care home described the area as being a 'rathole'. He stated that they had previously resided in a peace- ful neighborhood and were able to go to the beach on weekends but had since been given the 'proverbial boot' by Council and the Women's Club of -Huntington Beach, which action he considered to be discriminatory. 108 Page #6 - Council Minutes - 1/3/78 Councilwoman Gibbs commended Mr. Piazza on his presentation. Discussion was held regarding the home and Mr. Piazza's circumstances. Mr. ,lay A. Johnson, addressed Council and stated that he had been a former psychotic. Psychotics, he informed Council,,can be treated and they are not criminals, but rational people who live with things 'smoothed over', drawing -Supplemental Security Income (5SI) and live sheltered lives, which is important to them. He stated that if they are not allowed to stay in Huntington Beach, they will have to move out. Life, he stated, , has given them a raw deal. E. Lynn Slaven, Recruitment and Monitoring Supervisor, Department of Social Services, Mental Health/Public Guardian Division, addressed Council and stated that he was an advocate for the board and care homes, a representative of the County of Orange, and that he recruited board and care homes and works as a liaison with the board and care operators. Mr. Slaven stated that the Department of Social Studies undertook a study in 1975 to determine what would be a fair share for each city to undertake as board and care homes. According to the 'fair share' formula, Huntington Beach at that time was in need of 48 beds, or 6 homes. At present, there is only one home with five beds which is now under question of denial. He stated that he was urging Council to'take some step or cooperate through them to locate the homes throughout the County in response to local needs for local residents.in the City. Mr. Slaven referred to some of the terms being used and explained that residents of the board and care homes are not patients. The operator of the board and care homes provide services such as cooking, laundry services, encouragement to the resident to go to clinics for direction, therapy and treatment and assisting the resident to take medicine at the appropriate time. The operator also encourages the resident to get up in the morning, bathe and eat properly. These residents, Mr. Slaven continued, have been screened and interviewed and directed to appropriate board and care homes, in an effort to rehabil- itate these to where they can find independent living arrangements, such as had the two previous speakers who are living next door to the board and care home, in an independent situation. Training is available to board and care operators in working with the residents and they may relate to the psychiatrist or treatment specialist on any matter of concern. The State, Mr. Slaven concluded, has made provisions in the Welfare and Institution Code for most of the cities throughout the State to make provisions for the board and care residences and their location and probably the City staff can direct Council to the information - WI Code 51-15 and 51-16. F. R. Gunning addressed Council and stated that he owns a four -family unit in the area and in his opinion, this would not be a suitable place to house anyone sick of mind and under doctor's care day or night and under someone who has little knowledge of mental care. Mr. Gunning was not in favor of the appeal. De Loris Fluegge addressed Council and stated that the reason she was not in favor of granting the appeal was because of the violence and dope in the neighborhood and was concerned with what the impact would have on the mentally disordered women Mrs. Odom proposed placing in the home. Mrs- Dora Odom addressed Council and stated that it was interesting to listen to some people and their description of the mentally ill. Mrs. Odom stated that residents of the board and care home are not violent or under a doctor's care 24 hours a day; their visits to a doctor are on a voluntary basis; the neighborhood violence has existed for some time and had nothing to do with the board and care facility. She stated that it was important that the residents of the board and care home be able to take care of themselves in any situation; their income indicates that this is the type of neighborhood they will likely be living in and they must learn to adapt to the -environment. 10.9 1 Page #7 - Council, Minutes - 1/3/78 Mrs. Odom referred to a bill which, she stated, says that all cities shall accept residential care homes of six persons or less; that no City shall implement laws more restrictive than those set on the immediate neighborhood. In her opinion, the civil rights of the residents were being violated by denying the existence of such homes. Mrs. Odom stated that she rented the home in an area where she believed these people would blend in. The issues she has heard from the high -income bracket was that these homes would tear down the neighborhood and that residents would be in danger. Now, she continued, it would seem that the neighborhood would be a danger to these people, the situation is reversed. Mrs. Odom concluded by saying that the City had -'an obligation to accept residential care homes in Huntington Beach Discussion was held on the matter; the reasons given by the Planning Commission for denial of the appeal and the training of people involved in board and care facilities. It was determined that there were no Federal restrictions imposed on board and care facilities. Councilman Siebert expressed concern regarding the level of training of the house parent and in this instance, Mrs. Odom stated that she had had previous experience. Discussion was held.between Council regarding the reasons given by the Planning Commission to deny the appeal. Councilman Bartlett referred to Mr. Piazza's remarks regarding the inferior condition of the area and suggested that such an atmosphere would be depressing to the residents. Mrs. Odom did not believe the area would prove depressing since this would be the type of environment these people would continue to live in even after rehabilitation. Councilman Bartlett inquired where the City would stand in any action on the matter, either granting or denying the appeal, to which Mr. Amsbary, Assistant City Attorney, responded that the Welfare and. Institutions Code allows cities to issue a conditional use permit. He stated that the Attorney General's Office had argued that this allows the City to impose conditions but mandates approval, to which he had responded that it also allows the City to deny a permit or an administrative review and there is no use having an administrative review if it cannot be denied. Councilwoman Gibbs cited some of the reasons given by the Planning Commission for their denial of the appeal. She asked why the board and care homes were consistently denied by the City when these people were housed in R-1 homes previously. The Deputy City Attorney stated that he assumed they were evaluated on an individual basis. Mayor Pattinson stated that he believed the homes were denied because of public opposition to them. Discussion followed regarding the reasons given by the Planning Commission for the denial. Councilman Shenkman stated that he believed Mrs. Odom was not compensated by the Orange County Health Department directly, to which Mrs. Odom stated that this was not the issue at hand. She refused to answer any questions on the matter, whereby Councilman Shenkman stated that he would not vote in favor of the home. There being no one present to speak further on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. JL V) Page #8 - Council Minutes - 1/3/78 Discussion was held between Council as to whether the board and home facility would be considered a business. Councilman Siebert stated that he would vote in favor of the appeal, since he felt a denial would impose upon the rights of the residents. Councilwoman Gibbs gave reasons for her opposition to the denial of the appeal and suggested that Council have a study session with representatives from Orange County. There was considerable discussion between Council on the matter. Mayor Pattinson stated that his decision was based on the unsuitability of the area. A motion was made by Wieder, seconded by Gibbs, .tQ grant the appeal to the Planning Commission's denial, which resulted in the following tie vote thus denying said appeal. AYES: Gibbs, Wieder, Siebert NOES: Bartlett, Pattinson, Shenkman ABSENT: None ABSTAIN: Coen A motion was made by Gibbs, seconded by Wieder, that at the earliest convenience, Mayor Pattinson and the City Administrator schedule an appointment with the Orange County Department of Social Services and those people interested in board and care homes in order to study the matter closely. The motion carried unanimously. PUBLIC HEARING - CODE AMENDMENT 77-13 - "COASTAL ZONE PARKING UIREMENTS" - APPROVED ORDINANCE No. 2261 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing on proposed Code Amendment No. 77-13, initiated by the Planning Department, generally referred to as "Coastal Zone.Parking Requirements." The proposed amendment will add Section 9730.33 to the Ordinance Code which would require two parking spaces for each new residential dwelling located within the California Coastal Zone in lieu of the parking requirements which are applicable city wide. The City Clerk informed Council that all legal requirements for publication and post- ing had been met and that she had received no.communications or written protests to the matter. Mayor Pattinson declared the hearing open. There being no one present to speak on the matter and there being no protest filed, either oral or written, the hearing was closed by the Mayor. The Clerk was directed to give Ordinance No. 2261 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING SECTION 9730.33 THERETO PERTAINING TO RESIDENTIAL PARKING REQUIREMENTS WITHIN THE CALIFORNIA COASTAL ZONE". On motion by Bartlett, second Gibbs, Council approved Code Amendment 77-13 and waived further reading of Ordinance No. 2261. The motion carried by the following roll call vote: AYES: Battlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None III Page #9 - Council Meeting - 1/3/78 ORAL COMMUNICATIONS Gordon Offstein, City, addressed Council, specifically Councilman Shenkman, regarding the Gothard Industrial area and spoke of a broken --down tin shack which had been moved into the area a couple of weeks ago. He stated that while there was no way of removing those structures already in existence in the Gothard Strip, something should be done to alleviate this blight or bring it up to the standard of some of the other improvements in the area presently being made. Councilman Shenkman replied that he has asked the Planning staff to put together something which basically would give Council the opportunity to revise the M-1 ordinance prevent- ing this type of use in the industrial corridor and has made recommendations to Council as a means of mediating and relieving non -conforming uses. Gail Hutton, resident and attorney, addressed -Council and stated that she had recently read in a newspaper that a Deputy.City Attorney had been.summarily suspended without pay pending a hearing on January 17, 1978, at which time he will be "fired". She stated that she would address only the due process aspect of the dispute and was not concerned with who is at fault. The clear mandate of California law (as announced in the 1975 decision of the California Supreme Court - Skelly va. State Personnel Board, 15C. 3rd 194, 124 Cal. Rptr. 14, following an earlier U.S. Supreme Court Case - Arnett -Vs. Kennedy, 416 US 134, 94 S.Ct. 1963, (1974) is not, in her opinion, being followed. Mrs. Hutton gave an interpretation of the Skelly case and stated that she did -not believe in the case of John O'Connor that the proper procedure, established by California law had been followed. She stated that the Huntington Beach Personnel Rules did not provide such a law.. Under the Skelly provisions, an employee may be suspended under extraordinary circumstances but not without pay, she stated. Mrs. Hutton stated that she had. two suggestions to put before Council (1) That procedural due process require- ments of law be accorded the employee, and that he be accorded full pay pending the outcome of a "Skelly hearing", and.(2) That the hearing be held as soon as possible to minimize financial impact to the City. Pending a "Skelly hearing", Mrs.. Hutton believed that Council should order that the employee, John O'Connor, be paid his regular salary and all fringe benefits, thereby avoiding a possible law suit for back pay. She also believed that the City Attorney was negligent and in dereliction of his duty in not informing Council of these requirements. Mark Travis, President of the Huntington Beach Management Employees Organization, addressed Council and stated that in his opinion, John O' Connor, as a member of the Management Employees Organization has been 'wronged' and that he concurred with Gail Hutton. Councilman Coen inquired of Mrs. Hutton specifically on what basis she based her opinion that the City Council intervene and reinstate Mr. O'Connor's rights, to which Mrs. Huttonresponded that her.opinion was.based on the Skelly and Barber cases. Councilman Coen inquired whether it was generally understood that the City Council should not intervene in personnel matters, that they should be handled by the Personnel Board. Mrs. Hutton stated that she believed the City Council has an important job to oversee the affairs of the City and to take action when they see the incidence of an obvious potential law suit being filed against them for back pay. Discussion was held between Mrs. Hutton and Councilman Coen as to the basis of her opinion that the City Council should intervene and reinstate Mr. O'Connorks rights. The City Administrator stated the position of the City in the matter, as indicated in the Charter. Page #10 - Council Minutes - 1/3/78 John O'Connor addressed Council concerning his grievance against the City Attorney which resulted in his suspension without pay and announced action of discharge. He stated that the City Attorney has a long history of abuse and harassment of staff attorneys employed by the City but that attempts to rectify the situation have been hampered by the threat of punitive action by the City Attorney. Mr. O'Connor gave a brief history to Council of one of the several grievances which he had filed against the City Attorney, reminding them of the considerable expense to the City incurred in pursuing the harassment and alleged illegal action of the City Attorney. He offered several suggestions of action which might be taken to resolve the matter and in conclusion requested that no additional resources of the City be placed at the disposal of the City Attorney in pursuing the matter. Mr. O'Connor stated that he was available and willing to discuss the matter with Council. Mayor Pattinson announced that Council would laterconduct an executive session for the purpose of considering personnel matters and litigation. RESOLUTIONS ADOPTED On motion by Bartlett, second Gibbs, Council directed the City Clerk to read Resolution Nos. 4575, 4576, 4579 and 4580 by title, waived further reading and adopted same by the following roll call vote.-. AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None RES,. NO. 4575 -- ADOPTED - ORANGE COUNTY WASTE MANAGEMENT ENFORCEMENT AGENCY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING ORANGE COUNTY SOLID WASTE MANAGEMENT ENFORCEMENT AGENCY AS THE ENFORCEMENT AGENCY OF SAID CITY. " J' RES. NO. 4576 - ADOPTED - APPLICATION FOR GRANT - ROBBERY SUPPRESSION APPREHSION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING APPLICATION FOR A GRANT FOR LAW ENFORCEMENT PURPOSES AND EXECUTION OF A CONTRACT WITH THE ORANGE COUNTY COUNCIL ON CRIMINAL JUSTICE." 1 RES. NO. 4579 - ADOPTED - COMMUNITY FIXED ROUTE BUS SERVICE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING IM- PLEMENTATION BY THE ORANGE COUNTY TRANSIT DISTRICT OF COMMUNITY FIXED -ROUTE BUS SERVICE IN HUNTINGTON BEACH." •J RES. NO. 4580 - ADOPTED - LOCAL COASTAL PLAN FOR BOLSA CHICA "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING PRE- PARATION BY THE COUNTY OF ORANGE OF A LOCAL COASTAL PLAN FOR THE BOLSA CHICA FOR CONCURRENT REVIEW WITH THE HUNTINGTON BEACH LOCAL COASTAL PLAN BY THE SOUTH COAST REGIONAL COMMISSION." RES. NO. 4574 - CONFERENCE EXPENSE POLICY - DEFERRED The City Clerk presented Resolution No. 4575 relative to a conference expense policy for Council consideration. 11 Page #11 - Council Minutes - 1/3/78 The City Administrator stated that two sentences in the resolution had been reduced in scope. Councilwoman Wieder stated that she was surprised at the ambiguity of the resolution and discussion was held on the matter. A motion was made by Shenkman, seconded by Siebert, to defer action on Resolution No. 4574 pending further study. The motion carried unanimously. REPORT ON INTERNATIONAL CITY MANAGEMENT ASSOCIATION'S CONFERENCE The City Administrator presented a report on his attendance at the International City Management Associations Conference, held in Atlanta, Georgia, for Council's perusal. BUSINESS LICENSE FEE FOR AUCTIONEERS - CITY ORDINANCE TO BE PREPARED - (CA 77-161) The City Clerk presented a communication from the City Administrator regarding the request of Sam Houston that an annual business license fee be established for auctioneers. Councilman Coen stated that he saw no justification for an annual fee of $450 for auctioneers. Considerable discussion was held between Council and staff on the fee charged by other -cities. A motion was made by Gibbs, seconded by Shenkman to refer the matter back to staff in order that a comparison can be made of what is being done by other cities. Following discussion the motion was withdrawn. Following discussion, a motion was made by Coen, seconded by Shenkman, that staff be directed to prepare an ordinance or resolution to allow the setting of fees in this respect and in any other business license matter. Councilwoman Gibbs requested the Assistant City Administrator to find out what fee is charged in other cities in Orange County. Mayor Pattinson stated that it would be necessary to repeal the ordinance setting the fee at $37.50 per day. A motion.made by Coen, seconded by Shenkman was passed by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None ✓ CHARTER REVISION UPDATE - DEFERRED TO JUNE, 1978 ELECTION The City Administrator submitted a memorandum from Jeri Chenelle regarding the immediate deadlines which must be met in order to have the Charter Revision measure on the ballot for April 11, 1978 General Municipal Election. He stated that in order to have legal consultant Pat Coughlan present, the scheduled meeting date for Council. of January 9, 1978, would have to be changed. Because of time limitations, he stated that it would be advisable to move the meeting date to an earlier date if Council plans to place the measure on the April ballot. Councilman Siebert stated that he felt 'pressured' to get the revisions on the April ballot. Considerable discussion was held between Council on the lack of time in order to adequately review the proposed Charter revisions. 11 Page #12 - Council Piinutes - 1/3/78 A motion was made by Siebert, seconded by Wieder, that in the interest of the City Council having the greatest amount of time for review, that the Charter Revision be put before the public at the June primary, rahter than at the April General Municipal Election. Following considerable discussion between Council, the motion carried by the following vote. AYES: Bartlett, Wieder, Siebert, Shenkman, Pattinson NOES: Coen, Gibbs ABSENT: None Mayor Pattinson stated that the meeting scheduled for Monday, January 9, 1978 on the Charter Revision Committee's revisions would be held at 7:00 P.M. COUNCILMAN SHENKMAN LEFT THE MEETING AT THIS TIME ORANGE COUNTY FAIR HOUSING COUNCIL - PROGRAM ON MOUSING DISCRIMINATION-1/5/78 The City Administrator referred to a communication received from Bill McCue, Executive Director of the Orange County Fair Housing Council extending an invita- tion to Council to attend a program on housing discrimination, sponsored by the Fair Housing Council on January 5, 1978 at the Anaheim Convention Center. Any member interested was requested to contact Connie Bauer, City Council Secretary, so that the necessary arrangements can be made. ORANGE COUNTY HOUSING AUTHORITY -BOARD OF COMMISSIONERS' VACANCY The City Administrator referred to a communication from John Avitabile, Administra- tive Services Officer for the Orange County Housing Authority, requesting Council to submit names of concerned citizens interested in serving on the seven member Board of Commissioners. Mr. Avitabile requested that his office be contacted prior to January 10, 1978 should anyone be interested and stating that at present, one vacancy exists on the Board. RES. No. 4581 - REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE - GENERAL MUNICIPAL ELECTIONS 4/11/78 -ADOPTED The City Clerk directed to give Resolution No. 4581 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 11TH DAY OF APRIL, 1978." On motion by Gibbs, second Siebert, Council waived further reading of Resolution No. 4581 and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman V' HUNTINGTON HARBOUR YACHT CLUB CONSENT TO ASSIGNMENT - APPROVED The City Administrator referred to a copy of the Consent to Assignment of Lease as Collateral Security involving the Huntington Harbour Yacht Club as lessee and the City of Huntington Beach as lessor. He stated that the purpose of this Consent to Assignment is to provide the Harbor Bank with a leasehold interest as security for its loan to the Huntington Harbour Yacht Club and does not constitute any lien on the fee title vested in the City of Huntington Beach. The Consent to Assignment Page 13 - Council Minutes - 1/3/78 was reviewed by the City Attorney's Office and they have indicated that Paragraph 20 of the original lease provided that there shall be no assignment or subletting without the written consent of the City Administrator, after approval by Council. On motion by Coen, second Gibbs, Council approved the Huntington Harbour Yacht Club Consent to Assignment and authorized execution by the Mayor and City Clerk by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman CONGRESSMAN HANNAFORD - BREAKFAST MEETING The City Administrator reminded Council that there would be a meeting with Huntington Beach officials for breakfast at Maxwell's on January 12, 1978, at 7:30 A.M. and if any member was interested in attending to call Connie Bauer, Council Secretary, in order that arrangements could be made. ORDINANCES ADOPTED On motion by Gibbs,: second Bartlett, Council directed the Clerk to give Ordinance Nos. 2243, 2257 and 2259 a reading by title, waived further reading and adopted same by the following rolf'ca"II-vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman ORD. NO. 2243 - ADOPTED - ZONE CASE 77-23 "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 AT THE SOUTHEAST CORNER OF ADAMS AVENUE AND DELAWARE STREET (ZONE CASE NO. 77-23)." ORD. NO. 2257 - ADOPTED - ZONE CASE 77-28 "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 BETWEEN BEACH BOULEVARD AND ELM STREET (ZONE CASE NO. 77-28)." ORD. NO. 2259 - ADOPTED - MUNICIPAL CODE REVISION - "PURCHASING DIVISION" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 3.02 THEREOF AND ADDING A NEW CHAPTER 3.02 ENTITLED, "PURCHASING DIVISION." DISCUSSION REGARDING OUTSIDE LEGAL COUNSEL - DEFERRED The scheduled discussion regarding outside Legal Counsel submitted by Council- man Siebert was deferred, due to the lateness of the hour. L .1% Page #14 - Council Minutes - 1/3/78 AMERICAN SURFING ASSOCIATION - SURFING CHAMPIONSHIP^ REPORT RMUESTED Councilwoman Wieder requested a financial report on the surfing championship which the City supported in December, 1977. ORD. NO. 2260 - SELF INSURANCE RESERVE ORDINANCE AND CLAIM.MANAGEMENT CONTRACT - FIRST READING - RES. NO. 4577 -- ADOPTED - CLAIMS REVIEW COMMITTEE AND ADMINISTRATIVE PROCEDURES, RES. NO. 4578 - ADOPTED - DUTIES AND RESPONSIBILITIES OF CITY AS A SELF -INSURER. The City Clerk presented a transmittal from the City Treasurer of documents establish- ing a Self -Insurance Liability Loss Reserve. The Clerk was directed to give Ordinance No. 2260 a first reading by reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 3.14 THERETO ENTITLED, "SELF INSURANCE LIABILITY CLAIMS LOSS RESERVE." On motion by Coen, second Bartlett, Council waived further reading of Ordinance No_ 2260. The motion carried unanimously. The Clerk was directed to read Resolution No. 4577 by title - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CLAIMS REVIEW COMMITTEE AND ADMINISTRATIVE PROCEDURES FOR THE PURPOSE OF AUTHORIZING ADJUSTMENT AND SETTLEMENT OF CLAIMS." The Clerk was directed to read Resolution No. 4578 by title - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION OF AN AGREEMENT WITH R. L. KAUTZ AND COMPANY FOR CERTAIN SERVICES IN CONNECTION WITH THE DUTIES AND RESPONSI- BILITIES OF CITY AS A SELF -INSURER UNDER THE LIABILITY LAWS OF THE STATE OF CALIF- ORNIA. On motion by Coen, second Bartlett, Council waived further reading of Resolutions Nos. 4577 and 4578 and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman O'CONNOR GRIEVANCE - REPRESENTATION Councilman Coen inquired of the Assistant City Attorney if it would be unethical for him to represent the City in a grievance procedure in the Bonfa/O'Connor matter, to which Mr. Amsbary responded that he believed there would be a conflict of interest involved. The ssistant City Attorney stated that he had done research some time ago on the matter; the City Attorney's Office is an 'indivisible house'; you cannot speak out of both sides of your mouth at the same time and in this instance it calls for the credibility of one over the other. Further discussion was held on the matter between Council and staff. 11.7 Page #15 - Council Minutes - 1/3/78 EXECUTIVE SESSION CALLED Mayor Pattinson called an Executive Session of Council for the purpose of discussing personnel and litigation matters. RECESS - RECONVENE Mayor. Pattinson called a recess of Council at 11:30 P.M. which he reconvened at 11:50 P.M. COUNCILWOMAN GIBBS LEFT THE MEETING AT'THIS TIME O'CONNOR/BONFA DIRECTIVES Mayor Pattinson announced that during the Executive Session, Council had come to some conclusions. A motion was made by Coen, seconded by Wieder, that the City Administrator be directed to advise the Huntington Beach Assistant City Attorney and all Deputy City Attorneys in writing forthwith that they shall under no circum- stances render any services to the -City of Huntington Beach in reference to the pending O'Connor suspension proceeding, or Skelly proceeding, or any other legal proceedings evolving therefrom. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Pattinson NOES: None ABSENT: Gibbs, Shenkman A motion was made by Coen, seconded by Siebert, that Council ratify the action of the City Administrator in authorizing the expenditure of funds for private counsel in reference to the O'Connor/Skelly proceeding- to and including January 3, 1978, but for no further expenditure of funds in that respect. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Pattinson NOES: None ABSENT: Gibbs, Shenkman A motion was made by Coen, seconded by Bartlett, in reference to all other proceedings pending involving Mr. O'Connor, that outside legal counsel, Mr. Nicholas Counter, be authorized to reset those matters for hearing at an appropriate time to be determined by Mr. Counter_ The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Pattinson NOES: None ABSENT: Gibbs, Shenkman 118 Page #16 - Council Minutes - 1/3/78 ITEMS RECEIVED AND FILED BY COUNCIL 1. City of Laguna Beach resolution endorsing the TIN -CUP Campaign Reform Ordinance. 2. City of Lomita resolution opposing the housing distribution proposals of the Southern California Association of Governments. c 3. City of Burbank resolution in support of the Sundesert Nuclear Power Plant. 4. City of Santa Ana Resolution opposing the practice of abortion. 5. Public Utilities Commission investigation of their motion relative to regulations governing safety and construction of liquefied natural gas terminal and investigation of their motion relative to availability of natural gas and the application of Western LNG Terminal Associates, Pacific Gas and Electric, and Pacific Lighting Service for an LNG terminal. 6. Notice of Hearing -- Public Utilities Commission - Application of Southern California Gas Co. to increase rates and the establishment of a Conservation Adjustment Account. An .Tn11RWM'P..MT On motion by Bartlett, second Pattinson, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:15 A.M., to Monday, January 9, 1978 at 7:00 P.M. The motion carried unanimously. ATTEST: City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Ronald R: Pattinson Mayor