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HomeMy WebLinkAbout1978-06-05 (7)L' 1 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, June 5, 1978 7:00 P.M. Mayor Shenkman called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. ROLL CALL Present: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman Absent: Pattinson EXECUTIVE SESSION CALLED Mayor Shenkman called an Executive Session of Council for the purpose of dis- cussing personnel and litigation matters. RECESS - RECONVENE Mayor Shenkman called a recess of the Council. The meeting was then reconvened by the Mayor. ADJOURNMENT The adjourned regular meeting of the City Council of the City of Huntington Beach was adjourned by the Mayor. ATTEST: • • . fac _ram Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Ron Shenkman Mayor c.l MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, June 5, 1978 A tape recording of this meeting is on file in the City Cierk's Office Mayor Shenkman called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. ROLL CALL Present: Thomas,. MacAllister, Dailey, Mandic, Siebert, Shenkman Absent: Pattinso.n The Pledge of.Allegiance was given by all present in the Council Chamber. The invocation was given by Stan Welch, President -Elect of the Huntington Beach Coordinating Council. SLIDE PRESENTATION.-.ALLIP. ARTS COMMISSION A short slide presentation was made by Dr. Howard flitciacock, Chairman of the Allied Arts Commission, convering some of the many activities sponsored by the Commission. Dr. 'Hitchcock urged citizen support and.participation its the Allied Arts Commission. COMMENDATION . Gj'DE-N. WEST HOMEOWNER'S`' ASSOCIAT-LON Mayor Shenkman presenteded a commendation to the Sol -den West Homeowners" :Associttfian on behalf of the City in recognition of their donation in the amount of $500 to the Library, Information and Cultural 'Resource Center for ,a °00wcaase.. Jim Robbins accepted the commendation ark behalf of the °Association-. PRESENTATION - 'MOHLER - BARNARD AUSTIN - 'PLANNING DEPARTMENT Phi 1 l i p Shwa'rtae, President -of the Orange County "Chapter Lof the 4American.:Institute of Planners, commended the Planning Department and the:City:, presenting plaques to Steve Kohler, Social Planning, for -work on the "Pacifica Community Plan", Richard Barnard, Transportation and Communication for the 'Traffs ImplAmentation Plan", and Bryan Austin, Planning Achievement for "Local :Coastal No-ek Program".. PRESENTATION -.SPECIAL EVENTS COMMITTEE Mayor Shenkman presented an "Honor Amer ica";proclamation to the Special .Events Committee, which was accepted by Sal Sallmann. .Il INVITATION.-7 LEAGUE OF. WQMEN VOTERS Merle Moshi ri:, representing the 1'eague .of Women 'Vottor.s.;, :presented,' oundil �.wfth invitations to a reception `which their ;organizati lon 4-11 l smnsor.. :She Wormed 58 Page # 2 - Council Minutes 6/5/78 Council that the invitations to a reception which their organization will sponsor. She informed Council that the reception would be held in honor of elected officials and chief administrative officers of Huntington Beach, Seal Beach, Westminister and Fountain Valley and would be held on June 21, 1978 at 8:00 P.M. at Golden West Col - ledge Community center. ✓ MAYOR'S ADDRESS TO COUNCILMAN THOMAS RE "PUBLIC IMAGE" Mayor Shenkman announced that he wished to publicly address Councilman Thomas re- garding a matter upon which he had reflected for some time and upon which he.had received numerous telephone calls and communications warranting the address. He stated that he had discussed the matter with Councilman Thomas prior to the meeting and his intent was not to 'attack a fellow colleague' or 'squelch' Councilman Thomas' desire for the truth.. However, during the current 'troubled times' with difficult decisions to be made by Council, it is imperative that Council act as a seven member team. Mayor Shenkman referred to the method by which Councilman Thomas publically aired his grievances about the City Administrator, the Assistant City Administrator, the City Attorney, and most recently, -the Chief of Police. In his opinion, there was no need for the 'innuendos' to continue and he referred to the embarrassment Council had been subject to in recent weeks, not only in the City but Countywide. He stated that two years ago the City Council had been-the`':larughing stock' of the County but that with the election of three new Council members, matters had been improved. Mayor Shenkman offered a; special invitation to Councilman Thomas to -'Join the team.' and contribute_ objectively and constructively, adding that he had a lot to offer. Councilwoman Bailey and Councilman MacAllister concurred basically with Mayor Shenkman's observations. Councilman Thomas addressed Council and stated that he was not a 'rubber stamp' and had no intention of becoming one. He further stated that he intended to run one city and not two - City Hall and the Police Department and was tired of having two City Managers. Councilman Thomas concluded by informing Council that he intended to expose a group of people who, in his opinion, must be exposed until.such time as he was removed from office. Councilman Siebert suggested that Council look more to the system, in an effort to find out what is causing the types of problems encountered by Councilman Thomas, rather than overly concern themselves with his method of presenting them. CONSENT CALENDAR - ITEMS APPROVED On motion by Siebert, second Bailey, the following items were approved as recommended by the following roil call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: . None ABSENT: Pattinson MINUTES - APPROVED Approved and adopted minutes of the regular meetings of May l and May 15, 1978 and adjourned regular meetings of May 1, May 5, May 8, May 15, May 22 and May 24, 1978 as written and on file in the Office of the City Clerk. L 1 5.9 Page #3 - Council Minutes 6/5/78� PARCEL MAP 77-51 - MICHAEL REYNOLDS Approved Parcel Map 77-51, located on the south side of 12th Street, west of Pecan Avenue, accepted offer of dedication pursuant to mandatory findings set forth in Section 66474 of the Government Code and instructed the City Clerk to execute same and release for processing by the Counter. TRACT 5384 - NOTICE OF COMPLETION - FAMILY HOME BUILDERS Accepted improvements dedicated for public use on property located on the east side of Beach Boulevard, south of Ellis Avenue, authorized release of the Letter of Credit and termination of the Subdivision Agreement,_apd i.nstruct_ed the City Clerk to notify the developer and the- -ty Treasurer to notify the bank,.. TRACT 9235 - NOTICE OF COMPLETION - HARBOUR BLUFFS DEVELOPMENT Accepted improvements dedicated for public use on property located south of Warner Avenue, east of Bolsa Chica Street, authorized release of the Faithful Performance Bond, the Monument Bond and termination of the Subdivision Agreement, and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company. TRACT 8821 - NOTICE OF COMPLETION - ARCIERO & SONS, INC Accepted improvements dedicated for public use on property located on the south side of Warner Avenue, east of Bolsa Chica Street, authorized release of the Faithful Performance Bond, the Monument Bond and termination of the Sub- division Agreement, and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company. ACCEPTANCE. OF BONDS - TRACT 9600 - SAND DOLLAR DEVELOPMENT Accepted Guarantee and Warranty Bond #006681, Monument Bond #006684, Faithful Performance Bond #006685 and Labor and Material Bond #006685 on property located on the north side of Palm Avenue, east of Goldenwest Street and authorized release of the existing Letter of Credit. TRACT 9168 - HARBOUR PACIFIC LTD - PARTIAL BOND RELEASE Accepted Faithful Performance Bond #SM7308709 for Tract 9168 located south of Edinger Avenue, east of Trinidad Island, authorized release of the existing Faithful Performance Bond, and instructed the City Clerk to notify the developer and the City Treasurer to not 7y the bonding; company. AHFP #922 - AGREEMENT/PLANS & SPECIFICATIONS - SPRINGDALE STREET IMPROVEMENT - Adopted Negative Declaration #76-106, approved City/County AHFP Agreement, plans and specifications_,: and _authorized the call for bids for the improvement. 60 Page #4 - Council Minutes 6/5/78 AGREEMENT - ROBBERY SUPPRESSION & APPREHENSION GRANT Approved agreement between the City and the City of Santa Ana allowing Santa Ana to participate in the Robbery Suppression and.Apprehension Grant,:and authorized execution by the Mayor and the City Clerk. TRACT 5841 - NOTICE OF COMPLETION - LA CUESTA Accepted improvements dedicated for public use on property located on the south side of Atlanta Avenue and east of Bushard Street, authorized release of the Faithful Performance Bond, the Monument Bond and termination of the Subdivision Agreement. PARCEL'MAP 78-6 - JAMES MARKLE Approved Final Parcel Map 78-6 pursuant to mandatory findings set forth in Section 66474 of the Government Code, on property located on the north;side of;Port:Clyde Drive, east of Bushard Street, and authorized the City Clerk to execute same and to release for processing by the County. PARCEL MAP 76-67 - HUNTINGTON BEACH CO Approved Final Parcel Map 76-67, pursuant to mandatory findings set forth in Section 66474 of the Government Code, on property located on the east side: of. Main Street, north of Yorktown Avenue, and authorized the City Clerk to execute same and to release for processing by the Coin ty. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION RESIGNATION - JOCHUMS Accepted, with regret, the resignation of Mara Jochums from the Equal Opportunity Commission and directed the preparation of an appropriate plaque. NOTICE OF COMPLETION - WARNER AVENUE RELIEF SEWER - (CC-421). Accepted work on the installation of the Warner Avenue Relief Sewer completed by Fle- ming Engineering for'.$299,933.90 and instructed the City Clerk to file the Notice of Completion upon receipt of the required Guarantee Bond and Labor Compliance Certificate. PARCEL MAP 78-13 - H. B. INDUSTRIAL PARK Approved Final Parcel Map 78-13 pursuant to the mandatory findings set forth in Section 66474 of the Government Code, on property located north west.of Springdale Street and Machine Drive, and authorized the City Clerk to execute same and to release for process- ing by the County. J PARCEL MAP 78-15 - CAGER PROPERTIES Approved Final Parcel Map 78-15 and accepted offer of dedication pursuant to the mandatory findings set forth in Section fi6474 of the Government Code, on property located on the north side of Liberty Avenue, west of Beach Boulevard and instructed the City Clerk to execute same and to release for processing by the Countyr 61 Page #5 - Council Minutes 6/5/78 REDEVELOPMENT COMMISSION RESIGNATION - BA2IL Accepted, with regret, the resignation of Robert Bazil from the Redevelopment Commission and directed the preparation of ah appropriate commendation. LEASE AGREEMENT - YOUTH SERVICE PROGRAM Approved and authorized execution by the City Clerk of a lease agreement with the Youth Services Program to expand their office space at the old Civic Center site.- (520 Pecan Street). FI - ALL OF TT MAP 10053 - LA LINDA ESTATES - ND 77-107 Approved Final Tract Map 10053 being all of Tentative Tract Map #10053, accepted offer of dedication and improvement, pursuant to the mandatory findings set forth in Section 66474 of the Government Code, on property located at the north- east corner of Rushmoor Lane and McFadden Avenue and adopted Negative Declara- tion 77-107. AHFP AGREEMENT - MCFADDEN AVENUE STREET WIDENING - (CC-300} Approved and authorized execution by the Mayor and the City Clerk of Arterial Highway Financing Program Agreement #763 between the City and the County for the widening of McFadden Avenue, from Gothard Street to the San Diego Freeway. INSTALLATION OF WATERLINE - HUNTINGTON HARBOUR - ND 78- ADOPTED - E MINK RVL- APPROVED The City Clerk presented a transmittal from the Director of Public Works per- taining to the installation of a 12" waterline across the Harbour Channel in Huntington Harbour in order to allow review by the California Coastal Commission for a coastal zone permit. Councilwoman Bailey inquired whether Negative Declaration 78-76 would have to be.approved along with preliminary approval of the installation of the waterline, to which the Director of Public Works responded that it should be approved at this time. Councilwoman Bailey expressed concern regarding the funding; to which the Director of Public Works responded. On motion by MacAllister, second Bailey, Council adopted Negative Declaration 78-76 and gave preliminary approval for the installation of a 12" waterline across the Harbour Channel in Huntington Harbour to allow review by the Califor- nia Coastal Commission for a coastal zone permit. The motion carried unanimously. J COMPUTER MODEL OF CITY WATER SYSTEM Following discussion, action was deferred to a later date on this matter. MINUTES APPROVED On motion by Siebert, second Bailey, the minutes of the adjourned regular meeting of May 22, 1978 were approved, as written and on file in the Office of the City Clerk by the following vote: 62 Page #6 - Council Minutes 6/5/78 AYES: Thomas, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson ABSTAIN: MacAllister ti PUBLIC HEARING - TONE CASE 77-21 - ORD 2286 — REFERRED BACK TO PLANNING COMMISSION Mayor Shenkman announced that this was the day and hour set for a public hearing to consider a change of zone, initiated by the Planning Commission, from RA (Resi- dential Agricultural District) to C2 (Community Business District) on property located at the northeast corner of Indianapolis Avenue and Beach Boulevard. (Zone, Case 77-21) The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received a letter in opposition from Henry Kaufman immediately prior to the meeting, written on behalf of himself and two other property owners in the area. Mayor Shenkman declared the hearing open. Dr. Henry Kaufman was intorduced at this time by Mayor Shenkman, who made reference to his former service to the City. Dr. Kaufman referred to his letter to Council which he had submitted immediately prior to the meeting and which Mayor Shenkman read to the public. He stated that a public hearing had been called last September, at the Planning Commission level,. to consider a change of zone from RA (Residential Agricultural District) to C2 (Com- munity Business District) on property located at the northeast corner of Indianapolis Avenue and Beach Boulevard, which zone change he opposed. Dr. Kaufman stated that a further public hearing was held in February, however, he did not receive notification of the hearing and neither did two of his immediate neighbors who had also signed the letter of protest. In his opinion, Dr. Kaufman remarked, the lack of notification constituted a violation of a City ordinance which stated that the property owners in the area must be notified by mail of a forthcoming public hearing. The Planning Director stated that the law was followed in that the records showed the notices were mailed to Dr. Kaufman and his two neighbors and he had a copy on file of the notice sent. There being.no one further to speak on the matter and there being no further protests filed on the matter, either oral or written, the hearing was closed by the Mayor. Mayor Shenkman inqured whether it would be appropriate to refer the natter back to the Planning Commission for further consideration, to which the Planning Director cautioned the action of Council, in the event that other property owners in the futur could also make claim that they had not received notice of public hearings in similar incidents, suggesting that Council make a statement to the effect that this matter would not set a precedent. Dr. Kaufman stated that he would like to be given the opportunity of addressing the reasons for his opposition to the proposed zone change. Discussion was held between Council on the matter. st03 Page #7 - Council Minutes 6/5/78 A motion was made by MacAllister, seconded by Mandic, that Council be directed to refer Zone Case 77-21 back to the Planning Commission for reconsideration. The motion carried unanimously. ✓ UNIT RECOGNITION PETITION - HEARING DENIED Mayor Shenkman announced that this was the day and hour set to consider the request from Mark C. Reid, General Manager of Service Employees' International Union, AFL-CIO, Local 690, CLOCEA, requesting an appeal heari before the City Council regarding the decision of the Personnel Board to lid the Personnel Director's decision in denying their unit recognition petition. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no communica- tions or written protests to the matter. Mayor Shenkman declared the hearing open. Mark C. Reid, General Manager of Service Employees' Internation Union, AFL- CiO, Local 690, CLOCEA, addressed Council and gave reasons for the petition. He stated that he did not believe the existing MEA unit was appropriate and urged Council to consider his proposal. Mr. Reid gave various suggestions' for Council's consideration. James G. Harker, Attorney for the Huntington Beach Municipal Employees` AsSocis- t on, addressed Council and stated that he believed the real issue was what the unit should be, and whether there should be two bargaining units instead. of one. He also believed there was a question by Mr. Reid as,to whether or not the existing unit is appropriate. With regard to Mr. Reid's suggestion - that a third body be brought in to determine the. issue, Mr. Harker stated that in his opinion, this would be unlawful. He stated that the Personnel Board, as a professional body, had made a decision; one which he was in favor of Council respecting. Nicholas Counter, Special Labor Counsel to the City, addressed Council and discussed the opinions and recommendations of the Personnel Board should be upheld. There being no one further to speak on the matter and there being no further protests filed on the matter, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded Thomas, to reaffirm the decision of the Personnel Board and the Personnel Director, that the existing MEA unit is appropriate, and to deny Local 690's petition. Discussion was held between Council and Mr. Harker as to whether the MEA had ever been represented by outside Counsel in the past. A vote was taken on the motion which carried unanimously. Page #8 - Council Minutes 6/5/78 ORAL COMMUNICATIONS Jimmy Clark addressed Council regarding his proposal to establish a driving range youth program, team coaching and senior citizen's lessons in the Huntington Central Park. Mr. Clark elaborated on his concept for the practice range and pointed out that the facility would involve all major groups of the community. Mr. Clark stated that there is no adequate facility where he can teach and he has been obliged to turn down prospective students. For five years he has been submit- ting this program and while most people favor it, it seems impossible to launch it; however, since the City is now considering a Master Plan, he hoped they would consi- der his proposal and include a golf range. He displayed a plan of the proposed range. Councilman Mandic assured Mr. Clark that his plan would be considered when the Master Plan is drawn up of the park. Harr M. "CAP" Sheue, City, was introduced to the audience by Mayor Shenkman, who informed them t at r. Sheue had been distinguished by the City in having Huntington High Athletic field"iler him. He gave reasons why he was in favor of the golf range, as suggested by Jimmy Clark. He also stated that he believed Council had overlooked the small businessman in prospective development of Central Park. Gordon Offstein, City, addressed Council and referred to comments made earlier in the meeting to the effect that the City had been earning a bad reputation and that in the past, some Council members had served the City only to their own personal gain. Since that time, however, he believed an effort had been made to elect honest Council members. Mr. Offstein stated that he had been looking at billings submitted to the City which .were in his opinion a disgrace to the City. He invited Council members to accompany him in order to point out the inadequacies and irregularities which in his opinion were 'criminal' stating that should no interest be shown, he would display them to the press. Marie Buckland, City, addressed Council and expressed her concern that the City pursue action at the Steverson Bros. Mud Dump. Mayor Shenkman assured her that the matter would come before Council at a Council meeting in the near future and guaranteed that the matter would be taken Jcare of. f Tom Whaling, City, addressed Council and stated that he had written to Council sug- gesting cuts in the City's budget, in view of the Jarvis initiative. He agreed with Mayor Shenkman that the City had in the past been made a laughing stock. Mr. Whaling referred to a letter which he had written regarding the attitude of many officers in the Police Department, which he found offensive. He stated that he did not care for secrecy and was willing to face the Police Department in public; that the matter is being brought to Council's attention because on May 3, 1978 his son was arrested in the City and was charged with a felony. Mr. Whaling stated that his son witnessed two beatings in the jail and spent some thirteen hours incarcerated without food, before being released. The reason he had not brought this matter before Coun- cil earlier, he stated, was that he had directed his complaints to the Police Depart- ment but with no results. Mr. Whaling made several suggestions to Council as a means of resolving the matter. G15 Page 9 - Council Minutes 6/5/78 Councilman Thomas stated that he was in agreement with Mr. Whaling regarding police brutality, adding that he had a number of letters and communications from the community complaining of police brutality, rudeness and handcuffs. In his opinion, the Chief of Police is not doing his job and unless the City is cleaned up he believed it would be in serus trouble. Robert Smith, Attorney and business owner in the City, addressed Council and stated that he had received a letter in January which appeared to be a property owner's questionnaire from the Planning Director, Planning Department, City. He cited questions which were given on the questionnaire. Mr. Smith stated that a further questionnaire had been mailed by the Planning Department to property owners, and of the response, had noted that there was a great deal of dissatisfaction among property owners in the downtown area. Mr. Smith suggested that the City get out of the redevelopment business in the downtown area and allow the property owners to develop the area, with guidelines from the City. He also noted that he believed the City did not have an ordinance specifying height limitations within the City which he suggested should be looked into. It was also Mr. Smith's impression that perhaps the Redevelopment Commission was not legally constituted and he suggested that Council take advantage of this loophole to dissove the commission. Councilman Thomas stated that he had made a study revealing that the City has spent over $1,000,000 on the project and agreed that perhaps the Redevelop- ment Commission should be dissolved unless they can come up with a plan which will not be at the cost of citizens Michelle Murphy addressed Council in support of a driving range in Huntington Central Park, as proposed by Jimmy Clark, adding that it should remain open in the evenings in Order that more citizens could avail themselves of the facility. She stated that Mr. Clark is an excellent teacher and very sup- portive of the youth in the City. Andy Shuman, City, addressed Council and spoke in favor of the driving range as proposed by Jimmy Clark. Sally Tunstall, City, addressed Council and expressed concern should Proposi- tion 13 be voted in and its effect upon the City's budget. Mayor Shenkman assured her that public hearings would be held on the budget in the near future and that the City Council would be making some decisions on the outcome. Peggy Glenn, City, addressed Council and expressed her opinion regarding comments made by Councilman Thomas, which she stated has become an embarrass- ment to the City. She stated that she believed the City deserves representa- tives who conduct themselves professionally and articulately in a manner in which they could be proud and not embarrassed. Ralph Marcarelli, Attorney, representing Richard Siebert addressed Council regarding action taken by former City Attorney, Don Bonfa. He requested that the City take some action as a party plaintiff or be named as a defen- dant in the Siebert vs Bonfa action. Robert Dow, Attorney, addressed Council and spoke in support of the City taking joint action in the Siebert vs. Bonfa suit. Marilyn Bobday, City addressed Council and gave reasons why she was in favor of the golf driving range, as proposed by Jimmy Clark. Page #10 - Council Minutes 6/5/78 RECESS COUNCIL - CONVENE HUNTINGTON BEACH REDEVELOPMENT AGENCY Mayor Shenkman called a recess of the Council following which, as Chairman, he called the meeting of the Huntington Beach Redevelopment Agency to order. Members Present: Thomas, MacAllister, Bailey, Mandic, Siebert,, Shenkman Members Absent: Pattinson On motion by MacAllister, second Siebert, the minutes of the regular meetings of .May 1, 1978 and May 15, 1978 were adopted by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson The regular meeting of the Redevelopment Agency was adjourned by the Chairman. RECONVENE_ COUNCIL Mayor Shenkman reconvened the regular meeting of the City Council.. RESOLUTIONS ADOPTED The City Adminsitrator advised Council that they had been provided with a copy of his communicator dated June 5, 1978 stating that the effect of this amendment would be to increase the City's retirement contribution rate for safety employees from the present 18.052% to a new rate of 22.695%. The 1978-79 budget impact will be $393,852 and funds have been included in the 1978-79 budget. Discussion was held between Council on the matter. On motion by Bailey, second Thomas, Council directed the Clerk to read Resolution Nos. 4620, 4621, 4622 and 4623 by title; waived further reading and adopted same by the following roll call vote: AYES: Thomas, MacAllister, Siebert, Mandic, Bailey, Shenkman NOES: None ABSENT: Pattinson RES NO 4620 - ADOPTED - STANDARD PLANS OF THE DEPARTMENT OF PUBLIC WORKS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE STANDARD PLANS OF THE DEPARTMENT OF PUBLIC WORKS." RES NO 4621 - ADOPTED - UNDERGROUND UTILITY DISTRICT NO 73-4 - (MANSION/YORKTOWN) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDER- GROUND UTILITY DISTRICT NO 73-4. k RES NO 4622 - ADOPTED - POLICY FOR NAMING PARKS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING ITS POLICY FOR THE NAMING OF CITY PARKS, AND REPEALING RESOLUTION NO 3312." 1 67 Page #11 - Council Minutes 6/5/78 .i RES NO 4623 - ADOPTED - RESOLUTION OF INTENTION - EMPLOYEES' RETIREMENT SYSTEM "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF HUNTINGTON BEACH." LEGISLATIVE ITEMS (RCA 78-09) - APPROVED - SUPPORT AB3659 AND AB 2388 The City Administrator referred to his transmittal dated May 26, 1978 regarding the following legislative items which he recommended that Council approve: Support AB 3659 - (McCarthy) - Energy Conservation Grant Program Support AB 2388 - (Boatwright) and SB 1446 (Rodda) - SB 90'- Reimbursement - Local Government Claims Bills On motion by MacAllister, second Bailey, Council approved the aforementioned Assembly Bills and directed the City Adminstrator to inform the proper legis- lators of thier positions. The motion carried unanimously. LEGISLATIVE ITEMS - APPROVED - SUPPORT AB 3077 - FAZIO The City Adminstrator referred to his transmittal dated May 26, 1978 regarding the following legislative position which he recommended Council approve: Support AB 3077 - (Fazio) - Local Energy Conservation Programs. Mayor Shenkman announced that he did not approve supporting AB 3077 - (Fazio) and gave reasons for his opinion. On motion by MacAllister, second Mandic, Council approved the aforementioned position and directed the City Administrator to inform the proper legislators. The motion carried by the following vote: AYES: Thomas, MacAllister, Bailey, Siebert, Mandic NOES: Shenkman ABSENT: Pattinson GOALS AND OBJECTIVES - RCA 78-10) - REVISED GOALS AND _OBJECTIVES ADOPTED The City Adminstrator referred to his transmittal dated May 26, 1978 regarding the revised City's Goals and Objectives which were last formally adopted in January, 1977. He referred to suggestions as to changes in the goals which were made by Council at the May, 22, 1978 Council meeting and reminded Council that formal votes were not taken at that time, however, all comments upon which there appeared to be agreement, were incorporated into the goals statements. �* M Page #12 - Council Minutes 6/5/78 The City Administrator referred to Page 2, Item E, in which he noted a statement had been omitted to the effect that following the wording..."Ensure equal applica- tion of land use regulations", the term "including aesthetic requirements and devel- opment standards" should be added, as part of the official record of Council action. Councilman MacAllister referred to Item 1-d - "Establish a Master Plan for long range development". He stated that he would recommend that Council make a statement to the effect that they would take an active part in establishing this Master Plan, rather than await the submittal of plans from other groups. He stressed that Council needs to become actively involved in the Master Plan. On motion by Siebert, second Thomas, the revised Goals and Objectives of the City were adopted. The motion carried unanimously. Mayor Shenkman stated that he would like Council to be given monthly up=date from Administration in order that Council does not lose sight of the fact that they have established some very aggressive goals and objectives which need to be addressed on a regular basis. FOURTH OF JULY ACTIVITIES - APPROVED - (RCA 78-11) The City Administrator referred to his communication regarding the recommendation of the Special Events Committee that a carnival and fireworks show be held in con- junction with the July 4th Parade. On motion by MacAllister, second Thomas, Council approved the carnival and fireworks to be held in conjunction with the July 4th Parade. The motion carried unanimously. Mayor Shenkman commended Bill Reed for his efforts on behalf of the Special Events Committee. f STEVERSON MUD DUMP - PUBLIC HEARING - 7/10 78 The City Administrator confirmed with Council that a public hearing would be held on July 10, 1978 on the Steverson Mud Dump situation. PROPOSED ORDINANCE - VEHICLES FOR SALE - TO BE CONSIDERED The City Administrator referred to a communication from the Chamber of Commerce pertaining to the pursuit of an ordinance prohibiting.the sale of private vehicles on private property. Considerable discussion was held between Council on the matter. Councilman MacAllister stated that the present ordinance covering the matter was not clear. He believed that should an individual wish to sell his vehicle on his own property, or on property with the consent of the property owner, he should have the right to do so. Mayor Shenkman stated that in view of Councilman MacAllister's comments, any Council member wishing to discuss the matter could do so with the City Attorney, following which, further consideration would be given in the future. v ✓ CITY SEAL,ZLOGO - NO ACTION TO BE TAKEN The City Administrator referred to his transmittal dated April 21, 1978 regarding the City Seal and Logo. Mayor Shenkman stated that since discussing the matter at a prior meeting, he had been having some second thoughts He believes the City Logo does 69 Page P 3 - Council Minutes 6/5/78 have meaningful identification, which is its basic purpose, even though private individuals and businesses use it.- However, he. .did not believe that this had become a reason to change everything at great cost to the City. Discussion was held on the matter between Councilman MacAllister and Councilwoman Bailey. Councilman Siebert stated that he believed a misunderstanding had developed regarding the original intent of his motion; the intention was never to spend a great deal of money 'scraping off old seals and putting on new ones'; it was rather a concern for the blatant misuse and misrepresentation of the seal by various businesses. He suggested that should Council wish to maintain the Logo, action be taken at this time in order that no time or money be spent on further studies. On motion by MacAllister, second Bailey, Council agreed to keep the current Huntington Beach Logo as the official City seal and logo. The motion carried by the following roll vote: AYES: Thomas, MacAllister, Bailey, Mandic, Shenkman NOES: Siebert ABSENT: Pattinson f LEGAL ADVERTISEMENT IN NEWSPAPERS - DEFERRED The City Administrator referred to a request made by Councilman MacAllister to look into the cost of printing legal advertisements in newspapers other than the newspaper which the City is required to utilize under the City Charter. He reported that this information had now been provided to Council but suggested that the matter be deferred to a later date, to which Council agreed. STREET SWEEPING - ALLEYS - DEFERRED Councilwoman Bailey referred to her previous request for a study to be made of the feasibility of having alleys swept in addition to street sweeping. The City Administrator stated that the matter would be presented to Council at a later date. ORDINANCES ADOPTED ORD NO 2283 - ADOPTED - FORTUNE TELLING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 9.60.010 AND 9.60.020 THEREOF PERTAINING TO FORTUNE TELLING." On motion by MacAllister, second Siebert, Council directed the Clerk to give Ordinance No. 2283 a second reading by title, and waived further reading by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson On motion by MacAllister, second Thomas, Council adopted Ordinance No. 2283 by the following roll call vote: 701 Page #14 - Council Minutes 6/5/78 AYES: Thomas, MacAllister, Bailey, Mandic, Shenkman NOES: Siebert ABSENT: Pattinson RECONSIDERATION OF APPEAL TO APPROVAL OF TT 9889 - SAND DOLLAR DEVELOPMENT The City Administrator referred to original action taken on April 3, 1978 denying an appeal to the Planning Commission's approval of TT No. 9889, a 16 lot subdivision located approximately 100 ft. westerly of Lawson Lane, 490 ft. south of Adams Avenue in an R1 low density residential district. On April 17, 1978 a motion was made to reconsider action of April 3, 1978 Public hearing opened May 1, 1978 and continued to May 15, 1978 at which time the hearing was ,closed and the matter was continued pend- ing a traffic study from the Department of Public Works and the Planning Department. Mayor Shenkman announced that he had received a communication from Mr. Randy Blan- chard, VicePresident of Sand Dollar Development, Inc. requesting a continuance of the matter. Mayor Shenkman directed that the.4ecis.ion on. the appeal to approval of TT 9889 Sand Dollar Development be continued to the June 19, 1978 Council meeting. SPECIAL MAYOR'S COMMITTEE APPOINTMENTS CULTURAL AND RECREATIONAL Mayor Shenkman referred to the Special Mayor's Committee which had been deferred from the May 1, 1978 Council meeting. He stated that the committee would be appoin- ted for the purpose of looking into areas within the community where private enter- prise could be attracted, as it relates to cultural and recreational facilities. He stated that he already had three persons in mind who had consented to serve on the Committee, namely: Stan Young, General Manager of the Huntington Beach Company, Dr. Ralph Bauer, and former Councilman Al Coen. Mayor Shenkman also requested that Councilman Siebert serve on the Committee, when possible. It was hoped, he stated, to appoint two other members at a later date. He requested the City Administrator to set up the Special Mayor's Committee. CONDOMINIUM CONVERSIONS Mayor Shenkman referred to a communication which had been distributed to Council from the Orange County Fair Housing Council relating to conversion of rental apart- ments to condominiums. He stated that the conversions would give people the oppor- tunity of homeownership with the inherent tax benefits and allow people to buy af- fordable housing, however,.this would also lend itself to fraud and ambitious specu- lators. Mayor Shenkman stated that he believed the City should look into the matter and take advantage of the benefits of condominium conversions by establishing some guidelines. He requested the Planning Director to present Council with some specific recommendations as it relates to the possible development of an ordinance including the percentage of such conversions, together with a total study as to the opportuni- ties in this field. V REDEVELOPMENT COMMISSION - REGULAR MEETINGS REQUESTED BY MAYOR Mayor Shenkman stated that following adoption of the 'Jarvis' budget, he would like Council to get down to meeting on a regular basis with the Redevelopment Commission 1 [_J 71 Page #15 - Council Minutes 6%5J78 in order to establish some firm direction from Council and determine the status at the present time. The Planning Director stated that he would look into the matter and it was agreed that no meeting would be scheduled until after June 30, 1978. f CITY AUDITOR TO REPORT DIRECTLY TO COUNCIL Councilman Siebert stated that during the next three or four meetings, he would be addressing changes whfch he believes need to be made to qive Council the 'arm' to become more effective and more diligent in their policy setting procedures. He referred in particular to the City's Internal Auditor, sug- gesting that one of the first things Council should do is to have an individual on the staff who reports directly to Council. This person would be availabi•e to relate to Council requests for information and have it given directly to them. A motion was made by Siebert, seconded by Thomas, to direct the City Administra- tor and the City Attorney to draft an appropriate resolution or change of ordi- nance, which would allow the City Internal Auditor to move his realm of authority from that of being responsible to both Council and the City Administrator, to strictly the City Council, said change to be brought before Council at June 19, 1978 Council meeting. The motion carried unanimously. REQUEST FOR TRAILS AND IMPLEMENTATION PLAN TO BE PLACED ON THE ORANGE COUNTY NAL TRAIL MASTER PLAN - APPROV On behalf of Councilman Mandic who had a throat ailment, Councilman Siebert brought Council's attention to the Trails and Implementation Plan which they had adopted last year, authorizing construction of a two mile equestrian trail in Huntington Central Park - to be dedicated this month. He stated that this trail was built with matching City and State funds and that the County is presently in the process of revising their Trail Master Plan. If the City's trails are included in the County's Regional Trails Master Plan, the City may become eligible for 100% County funding for further equestrian trail construction. Councilman Siebert explained that this arrangement would not tie the City into constructing more trails or commit it in any way. He stated that at this point, their funding program is not complete, but this year when it does become available, the City would at least have the option of accepting it. A motion was made by Siebert, seconded by MacAllister, that the City Administra- tor direct a letter to the Orange County Board of Supervisors from the Hunting- ton Beach City Council requesting them to place the equestrian trails shown on the City's Trail and Implementation Plan on the County Regional Trail Master Plan. The motion carried unanimously. r ACQUISITION OF RAILROAD RIGHT-OF-WAY - APPROVED Discussion was held between Council regarding the acquisition of railroad right-of-way and there was a general concern that funds not be spent at this time. 72 Page #16 - Council Minutes 6/5/78 A motion was made by Siebert, seconded by Thomas, that staff be instructed to pursue any and all acquisition for the railroad right-of-way for the Mass Transit Corridor, without the expenditure of public funds. The motion carried. EMPLOYEE REINSTATEMENT - O'CONNOR - ACTION DEFERRED PENDING EXECUTIVE SESSION Councilman Thomas stated that he had spoken with the City Attorney Hutton regarding the reinstatement of John O'Connor as an attorney for the City, but had been told by Mrs. Hutton that he did not wish to be reinstated. However, Councilman Thomas informed Council that he had spoken with John O'Connor who had confirmed his desire to work for the City. A motion was made by Thomas, seconded by Bailey, to reinstate John O'Connor as an Attorney for the City and reimburse his salary retroactive to the last date of employ- ment with the City. Councilman Siebert requested that the motion be withdrawn pending the forthcoming Executive Session. Considerable discussion was held between Council on the matter. Councilman Siebert expressed concern for the amount of money the City would be obliged to spend in litigation should John O'Connor not be reinstated to the City and gave reasons why he was in favor of the motion. The City Attorney informed Council that they were not aware of all the facts of the matter and urged them not to take action, following which the motion was withdrawn. BUDGET MEETINGS' PROCEDURE y Councilwoman Bailey requested Council to consider holding the forthcoming budget meetings in the Council Chamber in order to more accomodate the public who may wish to attend. She also suggested that some time be set aside following such meetings when the public would be allowed to give input on what had been discussed. Mayor Shenkman stated that.should Council allow public input at the meetings, Council would never have enough time to make deliberation, however, he conceded to leave the matter open at the present time. u" POLICE BRUTALITY INVESTIGATION - TO BE CONDUCTED Councilwoman Bailey suggested that an Ad Hoc Committee be set up to look into allega- tions made against the Police Department, in particular. Mayor Shenkman suggested that at this time it would be more appropriate to have the Chief of Police meet with the City Administrator and bring specific recommendations. V TOLL FREE LINE TO COUNTY ANIMAL. SHELTER - TO BE PURSUED Councilwoman Bailey inquired whether there had been any response to her request for a toll -free number to the County Animal Shelter. The Assistant to the City Administ.•a- tor, responded that Supervisor Schmit had informed him that he was pursuing the matter but was not too hopeful at this time. Page #17 - Council Minutes 6/5/78 f. LEGAL ADVERTISING - TO BE REVIEWED 6/19/78 - AGENDA Councilman MacAllister referred to the matter of advertising and stated his belief that public meetings should be more broadly advertised within the community. He stated that he had hoped that reduced rate would be available, however, it now looked as if the City would have to purchase space in newspapers at regular rates. Councilman MacAllister suggested that bulletin boards at high schools and major regional points, such as Huntington Center and Seacliff Village could be utilized in order to better inform the public. Following dis- cussion between Council, Mayor Shenkman directed that the matter be considered at the June 19, 1978 Council meeting. GOLF COURSE IN HUNTINGTON CENTRAL PARK - FEASIBILITY TO BE DETERMINED Discussion was held between Councilman Siebert and Mr. Jimmy Clark regarding his proposal that a golf driving range be established in Huntington Central Park. Councilman MacAllister commented that the City does have a Master Con- cessionaire at the park. Mayor Shenkman directed the City Administrator to bring the matter before Council with recommendations as to a course of action. He suggested that the City Administrator confer with the Planning Director and the Director of Public Works on the matter. Councilwoman Bailey reflected that a Master Plan would be necessary before any decision could be made, to which the Mayor responded that the only commitment that Council was making to Mr. Clark was that they favored development of a driving range under the Master Plan. SANITARY SEWER DEFICIENCY REPORT - DEPARTMENT OF PUBLIC WORKS - DEFERRED PENDING FURTHER REVIEW The City Clerk presented a transmittal from the Department of Public Works reporting on the deficiencies existing.within the sanitary sewer system which had been prepared at the request of Mayor Shenkman. Discussion was held on the matter between Council and staff, following which Mayor Shenkman directed Councilwoman Bailey to meet with the Director of Public Works and report on the matter at the June 19, 1978 Council meeting. OFFSITE CONSTRUCTION SPOILS CLEAN UP - PLANNING DEPARTMENT - ACTION DEFERRED The City Clerk presented a transmittal from the Planning Department regarding the Planning Commission's recommendation that the City require a clean-up of offsite construction spoils. Due to the lateness of the hour, Mayor Shenkman directed that the matter be brought before Council for consideration at the June 19, 1978 Council meeting. I J 74 Page #18 - Council Minutes 6/5/78 BID AWARD - MUNICIPAL CORPORATION YARD WATERLINE - BID AWARDED TO BARRON AND ECKHART ENGINEERING - CC-458 The City Clerk presented a communication from the Director of Public Works stating that bids for the construction of an 8" water main at the municipal corporation yard had been received. The bids had been opened on Friday, May 5, 1978 in the Council Chamber by the City Clerk and the Director of Public Works. Bids submitted were as follows: Barron & Eckhart Engineering, So. E1 Monte $ 41,621.50 A & T Construction Co. Inc., Orange - 46,198.50 Gallacher Company, Inc., Costa Mesa - 42,584.80 Pipeline Constructors, Inc., Bellflower - 46,922.16 Luna General Engineering, Inc., Costa Mesa - 55,445.00 A motion was made by.MacAllister, seconded by Thomas, to approve the recommendation of the Director of Public Works and award the contract for the construction of an 8" water main at the municipal corporation yard to Barron & Eckhart Engineering, So. El Monte, the lowest responsible bidder, for a bid amount of $41,621.50; hold all other bids until Barron & Eckhart Engineering has executed the contract for said work and filed the necessary bonds and insurance, and direct the City Clerk to notify the unsuccessful bidders of the action, returning their bid bonds forthwith. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson TRAFFIC SIGNALS - _BEACH BOULEVARD -_ APPROVED - (CC-228) The City Clerk presented a communication from the Director of Public Works stating that bids for the construction/modification and interconnection of traffic signals on Beach Boulevard from Pacific Coast Highway to Edinger Avenue had been received. The bids had been opened on March 24, 1978 in the Council Chamber by the City Clerk and.the Director of Public Works. The bids submitted were as follows: Paul Gardner Corporation, Ontario - $ 993,669 Grisson & Johnson, Inc., Santa Ana - 1,008,687 Steiny & Co., Inc., Anaheim - 1,025,713 Electrend, Inc., Los Angeles - 1,316,988 Cal Lite, Inc., Maywood - 1,324,092 On motion by MacAllister, second Thomas, Council approved the recommendation of the Director of Public Works and awarded the contract for construction/modification and interconnection of traffic signals on Beach Boulevard from Pacific Coast Highway to Edinger Avenue to Paul Gardner Corporation, the lowest responsible bidder, for a bid amount of $993,669; hold all bids until Paul Gardner Corp. has executed the contract for said work and filed the necessary bonds and insurance, and directed the City Clerk to notify the unsuccessful bidders of the action, returning their bid bonds forthwith. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABsent; Pattinson 75 Page #19 - Council Minutes 6/5i78 r EXECUTIVE SESSION CALLED Mayor Shenkman called an Executive Session of the City Council at 11:10 P.M. for the purpose of discussing personnel and litigation matters. Councilman Siebert left the Executive Session at 11:10 P.M. RECESS - RECONVENE The meeting was recessed by the Mayor. The meeting was reconvened by Mayor Shenkman at 12:35 A.M. Councilman Siebert returned to the meeting. r EMPLOYEE REINSTATEMENT - O'CONNOR --NO ACTION TO BE TAKEN BY COUNCIL, Referrin,g to his earlier proposal to reinstate John O'Connor to his position in the City Attorney's Office, Councilman Thomas made a motion, seconded by Bailey, to take no action on the matter. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Shenkman NOES: Mandic, Siebert ABSENT: Pattinson SIEBERT L ONFA LITIGATION DISCUSSED IN EXECUTIVE SESSION Mayor Shenkman announced that the matter pertaining to Siebert/Bonfa litigation proceedings had been discussed by Council during the Executive Session. BUSINESS PROPERTIES - CITY ATTORNEY TO REPRESENT CITY Mayor Shenkman stated that during the Executive Session, the Council had directed the City Attorney to undertake the litigation in the Business Properties matter. ITEMS RECEIVED AND FILED BY COUNCIL 1. Communication from the City of Garden Grove addressed to the League of California Cities requesting that the concept of proportioned voting based upon the principle of one man one vote be considered. 2. Communication from the Orange County Division of the League of California Cities transmitting their resolution urging that all measures be taken to insure expenditures required by State Law for CALTRANS. 3. City of Avalon resolution requesting that Council support AB 1992 pertain- ing to a $400,000 grant from the State Water Fund to the City of Avalon to install new salt water lines and to refurbish already existing lines. 4. City of Buena Park resolution urging the State Legislature to amend Penal Code 313 and 313.1 by redefining "Harmful Matter to Miners." �I 76 Page #20 - Council Minutes 6/5/78 ADJOURNMENT On motion by MacAllister, second Thomas, Council 'adjourned the regular meeting of the City Council of the City of Huntington Beach to Wednesday, June 7, 1978 at 7:00 P.M. in the Council Chamber, Civic Center. The motion carried. ATTEST: Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City 'of Huntington Beach, California r Ron Shenkman Mayor 1 77