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HomeMy WebLinkAbout1978-06-191 1 MINUTES Room B-8, Civic Center Huntington Beach, California Monday, June 19, 1978 Mayor Shenkman called the adjourned regular meeting of the City Council of the City of Huntignton Beach to order at 7:00 P.M. ROLL CALL Present: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman (Councilman Thomas left during the Executive Session) Absent: Pattinson EXECUTIVE SESSION CALLED Mayor Shenkman called an Executive Session of Council for the purpose of discussing 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 Mayor Shenkman. ATTEST: Alicia M. Wentworth City Clerk By Deputy City Clerk Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy City Clerk Mayor 95 MINUTES Council Chamber, Civic. Center Huntington Beach, California Monday, June 19, 1978 A tape recording of this meeting is. on file in the City Clerk'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, Bailey, Mandic, Siebert, Shenkman Absent: Pattinson The Pledge of Allegiance was given by all present in the Council Chamber. The invocation was given by the Reverend Darrell Chilson, Church of the Nazarene. PRESENTATION - HUNTINGTON BEACH HIGH SCHOOL GYMNASTIC TEAM Mayor Shenkman presented certificates to coach Phyllis Petlowany and her gymnastic team from Huntington Beach High School for winning the California Interscholastic Federation Southern Section Championship for the second consecutive year. COMMENDATION - COAST GUARD AUXILIARY 15-5 AND 15-10 Commendations were presented by Mayor Shenkman to Dorothy Browning from Coast Guard Auxiliary 15-5 and Sheron Morgan, Coast Guard Auxiliary 15-10 for their efforts in organizing the Huntington Harbour Boat Parade, in cele-; bration of "Safe Boating Week" June 17. COMMENDATIONS - BANK OF AMERICA 1978 ACHIEVEMENT AWARD WINNERS Commendations were presented by Mayor Shenkman to Phyllis Hammonds, Edison High School; Mitch Hanlon, Edison High School; Janice Belsito, Saddleback High School; Santa Ana; James Eastman, Huntington Beach High School, and Paul Hunt from Marina High School, winners of the Bank of America 1978 Achievement Award. PRESENTATION - JOCHUMS - EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Mara Jochums was awarded a plaque by Mayor Shenkman for her service on the Equal Employment Opportunity Commission. PRESENTATION - BAZIL - REDEVELOPMENT COMMISSION Mayor Shenkman presented a plaque to. Robert Bazi.1 for his service on the Redevelopment Commission. 96. Page #2 - Council Minutes - 6/19/78 MAYOR SHENKMAN'S ADDRESS TO PUBLIC Mayor Shenkman addressed the public regarding 'uncomplimentary' articles which have been appearing recently in the newspapers relating to the City Council. In referring, -to the matter, he apologized for whatever role he may have played. CONSENT CALENDAR - ITEMS APPROVED On motion by MacAllister, second Siebert, the following items were approved as recommended by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson MINUTES - APPROVED Approved and adopted minutes of the Special Meeting of May 1, 1978 and adjourned regular meeting of June 5, 1978, as written and on file in the Office of the City Clerk. TRACT 6675 - SUBDIVISION AGREEMENT - THE HUNTINGTON PARTNERSHIP Accepted Guarantee and Warranty Letter of Credit #LA 9678, Faithful Performance Letter of Credit #LA 9677, Labor and Material Letter of Credit #LA 9678 - (Wells Fargo Bank), on property located northeast of Pacific Coast Highway and Anderson Street, and approved and authorized execution of the Subdivision Agreement - Tract 6675. TRACT 10053 - SUBDIVISION AGREEMENT - LA LINDA ESTATES Accepted Guarantee and Warranty Bond #85M17423, Monument Bond #85M174244, Faith- ful Performance Bond #85M174243, Labor and Material Bond #85M17423 - (American Motorists Insurance Company) on property located on the north side of Sugar Drive, west of Beach Blvd., and approved and authorized execution of the Subdivision Agreement. ; FINAL TRACT MAP 6675 - THE HUNTINGTON PARTNERSHIP Approved Final Tract Map 9221, pursuant to the mandatory findings set forth in Section 66474 of the Government Code; accepted offer of dedication and improvement subject to completion of the requirements as shown on property located on the northeast side of Pacific Coast Highway, approximately 4700 ft. from Warner Avenue (at Anderson Street), examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Director of Public Works and the Secretary to the Planning Commission. Acreage: 13.508; Lots: 1 and lettered A and B; Developer: The Huntington Partnership (Robert F. Maguire III), Los Angeles, subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate.of Insurance; Subdivision Agreement; the final map shall be recorded prior to the expiration of Tentative Tract 6675 on August 16, 1978 and further 97 Page #3 - Council Minutes 6/19/78 1 instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recorda- tion until the aforementioned conditions have been met. FINAL TRACT 10213 - ALL OF TT 10213 - HARBOR BLUFFS DEVELOPMENT Approved Final Tract Map 10213, being all of Tentative Tract 10213, pursuant to the mandatory findings set forth in Section 66474 of the Government Code on property located on the south side of Slater Avenue, east side of Van Buren Street, adopted NO #77-139 and instructed the City Clerk not to affix her signature to the map nor release for preliminary processing by the County or for recordation until the following conditions have been complied with: Deposit of fees for water, sewer, drainage, engineering, and inspec- tions; Certificate of Insurance; Subdivision Agreement; Park and Recrea- tion fees shall be paid prior to recordation of the final map; the final map shall be recorded prior to expiration of Tentative Tract 10213 on August 7, 1979. PARCEL MAP 78-18 - L. D. ZEHNDER Approved Parcel Map 78-18 pursuant to the mandatory findings set forth in Section 66474 of the Government Code and instructed the City Clerk to execute same and released for processing by the County. NOTICE OF COMPLETION & CHANGE ORDER - WATER WELL #8 - (CC-441) Approved Change Order #1 for $3,020.50, accepted work completed by Beylik Drilling for a final cost of $136,432.32 and instructed the City Clerk to file a Notice of Completion upon receipt of the Guarantee Bond and Labor Compliance Certificate. SIX PARKS CONTRACT - (CC-301) - CHANGE ORDER Approved a Change Order to the Six Parks Contract - CC-301, in the amount of $8,753 for the installation of concrete curb and gutter and a street lighting conduit on Graham Street. CONSENT CALENDAR - ITEM REMOVED PARCEL MAP 8688X-17 - KACOR REALTY - WITHDRAWN Mayor Shenkman informed Council that Parcel Map 8688X-17 had been with- drawn from the consent calendar at the request of the developer. CONSENT CALENDAR - ITEM DEFERRED TO 713/78 At the request of Councilwoman Bailey, the following items were removed from the consent calendar: Final Tract Map 9221 - Portion of TT 8995 - Signal Landmark; Final Tract 9220 - Portion of TT 8995 - Signal Landmark; Subdivision Agreement - Tract 9221 - Signal Landmark and Subdivision Agree- ment - Tract 9220 - Signal Landmark. Discussion was held between Council on the matter and Councilwoman Bailey informed Council that she had requested removal from the consent calendar pending the Army Corps. Engineers' investigation of possible encroachment upon the Bolsa Chica marsh. 19 Page #4 - Council Minutes - 6/19/78 On motion by Bailey, second MacAllister, Council directed that these items be placed on the agenda for the forthcoming July 3, 1978 Council meeting. PUBLIC HEARING - PPSA 78-2 - APPROVED - ORD 110 2290 - FIRST READING, ND 78-41 - ADOPTED Mayor Shenkman announced that this was the day and hour set for a public hearing to consider Precise Plan of Street Alignment 78-2, which is a proposal to close Frankfort Avenue at the intersection of Indianapolis Avenue and Beach Boulevard. Construction of a cul-de-sac is proposed at the point of closure. A map depicting the proposed alignment is on file in the Planning Department Office. The City Council will also be considering Negative Declaration 78-41, which is a finding that the proposed closure will not have a significant adverse effect upon the environment. The Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no communications or written protests to the matter. Mayor Shenkman declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Councilman Siebert addressed the Director of Public Works regarding the closing of Frankfort Avenue and the cost therefore. He pointed out that no costs were given for reconstruction of the portion of Frankfort Avenue which had been damaged and he was concerned with the ultimate cost to the City'for the closure, the proposed cul-de-sac and including repairs. The Director of Public Works replied that the overall estimate was in the amount of $100,000, which was the 'top figure' for the project. Considerable discussion was held between Council on the matter. Councilman Thomas pointed out to the Director of Public Works that the figure of $35,000 was before Council for approval, whereas in actual fact there was a hidden cost of $70,000 for completion of the entire project. In his opinion total costs of projects should be presented. The Director of Public Works informed Council that the project had been generated at the request of the public. Councilwoman Bailey expressed concern that the residents were not present at the hearing and whether sufficient notice had been posted. She was also concerned that Council was never informed as to the bal- ance of Gas Tax Funds, which would be utilized to fund the project. Mayor Shenkman informed Council that Charlotte Hibner had requested to speak on the matter even though the public hearing had been closed and he was granting her request. Charlotte Hibner addressed Council and stated that she was a resident of Frankfort Avenue and was representing residents who had signed a petition some time ago in favor of closing the street. She stated that some of the reasons they were in favor of closing the street were: the intersection is extremely dangerous; it is dangerous for children to play in the street, and also for bicycle riders; motor cycles and cars use it as a racetrack and there have been numerous accidents in the area. Page #5 - Council Minutes - 5/19/78 A motion was made by Thomas, seconded by MacAllister, to allow the closing and cul-de-sacing of Frankfort Avenue, under condition that the Director of Public Works brings the matter before -Council and the cost will not exceed $100,000. Considerable discussion was held on the matter between Council including the source of funding and the amount of cash remaining in the Gas Tax Fund. Council decided to take three separate votes on the matter, therefore, the motion was withdrawn. The Clerk was directed to give Ordinance No. 2290 a first reading by title "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DM 12 TO INCLUDE PRECISE PLAN OF STREET ALIGNMENT NO 78-2 TO TERMINATE FRANKFORT AVENUE AT THE INTERSECTION OF II4DIANAPOLIS AVENUE AND BEACH BOULEVARD." On motion by Thomas, second MacAllister, Council adopted Negative Declaration 78-21. The motion carried unanimously. On motion by Siebert, second MacAllister, Council approved Precise Plan of Street Alignment 78-2 by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Siebert, Shenkman NOES: Mandic ABSENT: Pattinson On motion by Siebert, second MacAllister, Council waived further reading of Ordinance No. 2290 by the following roll call vote: AYES: NOES: ABSENT: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman None Pattinson PUBLIC HEARING J ZONE CASE 78-1 - APPROVED - ORD NO 2291 - FIRST READING Mayor Shenkman announced that this was the day and hour set for a public hearing to consider Zone Change 78-1 from C2 (Community Business District) to (Q) R3 (20) (Qualified Classification - Medium Density Residential District 20 units per acre). The Qualified Classification may include conditions re- lated to vehicular access, parking and review of a site plan for the subject property. The subject property is located approximately 350 feet west of Bolsa Chica Street and south of Edinger Avenue. On May 15 Council referred Zone Case 78-1 back to the Planning Commission for a report on appropriate conditions to place on the proposal including but not limited to parking and access to the site. The Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received no communications or written protests to the matter. Mayor Shenkman declared the hearing open. Wally Mickel addressed Council, stating that he was representing the applicant. He stated that the matter had been presented to Council on numerous occasions and that the zone change had been approved with a condition pertaining to park- ing facilities. Mr. Nickel spoke of the ordinance requirements and the requirements of the Board of Zoning Adjustments, and requested that a review be made by either the Planning Commission or the Board of Zoning Adjustments, since meeting the requirements of both was confusing. :100 Page #6 - Council Minutes - 6/19/78 Considerable discussion was held between Mr. Nickel and Council regarding the proposed parking facilities. Helen Psaros, resident, addressed Council and stated that she was basically opposed to the proposed units, since even with the half -space more parking per guest unit as required by the Planning Commission, she believed this would prove inadequate. Het" concern was for the tenants presently living in the area and their access to the alley and garages. She pointed out the lack of frontage for the complex and suggested that additional spaces be provided per unit in addition to the guest space. Mr. Nickel stated that there would be no connection between the proposed facility and the present apartments, since access would be blocked off by the wall. There being no one further to speak on the matter and there being no further protests filed, either written or oral, the hearing was closed by the Mayor. The Clerk was directed to give Ordinance No. 2291 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE. CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM COMMUNITY BUSINESS TO QUALIFIED MEDIUM HIGH -DENSITY RESIDENTIAL, DISTRICT ON REAL PROPOERTY LOCATED SOUTH OF EDINGER AVENUE AND WEST OF BOLSA CHICA STREET (ZONE CASE NO 78-1)." A motion was made by MacAllister, seconded by Mandic, that Council approve Zone Case 78-1 and waive further reading of Ordinance No. 2291. Considerable discussion was held between Council and staff on the matter. Council- man Siebert spoke against the motion, stating that he believed there was no way the interest of the people living there now could be protected by the project, giving reasons for his belief. Councilman Thomas stated that basically, he concurred with Councilman Siebert's comments, adding that the area is expanding rapidly and the sewer system depleting and in his opinion, the area could be put to better use other than residential. Councilman Mandic inquired what height the walls were in the alley and it was determined that they were six feet. The City Attorney suggested that since Council was not in agreement, two votes be cast in order that the Ordinance receive a first reading. The previous motion made by MacAllister, seconded by Mandic was withdrawn. On motion by MacAllister, second Mandic, Council approved Zone Case 78-1 by the following roll call vote: AYES: MacAllister, Bailey, Mandic, Shenkman NOES: Thomas, Siebert ABSENT: Pattinson On motion by MacAllister, second Mandic, Council waived further reading of Ordi- nance No. 2291 by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson 101 Page #7 - Council Minutes - 6/19/78 PUBLIC HEARING - CODE AMENDMENT 78-3 - APPROVED - ORDINANCE NO 2292 - FIRST READING - BENCHES AND ADVERTISING Mayor Shenkman announced that this was the day and hour set for a public hearing to consider Code Amendment No. 78-3, generally referred to as "Bus Benches". Said amendment would revise applicable sections of the Hunting- ton Beach Ordinance Code and Municipal Code relating to benches and adver- tising within a public right of way. The proposed amendment entails modifi- cation by either a re -wording or repeal of portions of Chapter 12.36 of the Huntington Beach Municipal Code and Article 976 of the Huntington Beach Ordinance Code. The 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. There being no one to speak on the matter, and there being no protests filed, either written or oral, the hearing was closed by the Mayor. Councilwoman Bailey stated that she was delighted to see that the bus benches had finally come before Council for approval. Councilman Thomas inquired as to the monies which the City would derive from the franchise, to which the Planning Director responded. Discussion was held on the matter and it was determined that the franchise would be presented to Council at the July 3, 1978 Council meeting. The Clerk was directed to give Ordinance No. 2292 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE AND MUNICIPAL CODE BY AMENDING CERTAIN SECTIONS THEREOF FOR THE PURP0SE OF ALLOWING PLACEMENT OF BUS BENCHES WITH ADVERTISING UNDER A FRANCHISE AGREEMENT." On motion by Siebert, second Bailey, Council approved Code Amendment 78-3 and waived further reading of Ordinance No. 2292 by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson ORAL COMMUNICATIONS Robert L. Smith, Attorney at Law, representing Don P. Bonfa, addressed Council regarding the Bonfa vs. Siebert matter. He stated that on June 7, 1978 Council had voted to become party plaintiff in the suit, and that certain facts should be given to Council for consideration in possibly re-evaluating that decision. He stated that by public press and personal presence on June 16, 1978, the plaintiff, Councilman Siebert, had stated that the judge had ordered the City to become party plaintiff in the matter. Mr. Smith further stated that he would give the Clerk a transcript of Councilman Siebert's statement together with a certified transcript of the judge's statement at the conclusion of the demur; that nowhere did the judge express that the City had to be joined as party -1 102 Page #8 - Council Minutes - 6/19/78 plaintiff. He expressed concern that Council may have been influenced to become party plaintiff on the basis of what Councilman Siebert had stated, and concluded by remarking that he could not fill a prescription and Councilman Siebert could not interpret what was said by the judge. Councilman Siebert stated that he had never given any indication that the City must take a stand, one way or the other, that the judge had merely said that the City must be asked. He personally had never mentioned that the City must take a specific stand and he had never gone before Council to in any way 'taint their view' of the episode. The City Attorney was called upon to explain the position of the City on the matter. Warren Hall, City Treasurer, addressed Council and stated that he believed something may have gotten out of hand in which he was involved. He referred to the City Council taking over the law suit in the matter of Siebert vs. Bonfa by becoming party plaintiff, in which he stated that Councilman Siebert as well as Mr. Bonfa, had named some twenty 'John Doe's' as defendants in the suit. He believed that he, along with many other staff members would qualify under the suit, as "John Doe's'. Mr. Hall stated that it is his hope that the City Council are aware of what they are doing in the matter and would like some confirmation of this. Mayor Shenkman stated that he had received additional information from Mr. Chodzko, representing Bonfa on behalf of the City's insurance carrier, which was still under consideration at this time. J Dr. Mike T. Steele, Fountain Valley, addressed Council regarding the program Teen Help', reflecting that Mayor Shenkman had been one of the founders of the program. He stated that although they and been unsuccessful in bids for funding in the City of Huntington Beach, they had continued to provide service for its citizens. Dr. Steele elaborated on some of the services which had been given to the City and concluded by stating that he would like some definite statement from the -City as to the Council's intention regarding financial support. David Carpenter, City, addressed Council regarding comments made at the June 5, 1978 Council meeting regarding police brutality., stating that he was addressing Council on behalf of several people who had been mistreated by the Police Depart- ment. He introduced Douglas Jobson to Council. I/ Douglas Jobson, City, addressed Council and stated that last week he had been 'railroaded out of town' by the Police Department. He referred to what he alleged to be harrassment and brutality of the Police Department within the City and stated his belief that residents are becoming paranoid of the 'black and white' cars. He believed there was no communication between the Police Department and the public other than in court and gave instances of harrassment of customers at his place of business which he claimed restricted his business and other busi- nesses in the City. Mr. Jobson stated that the Civil Rights Commission had been investigating the Police Department for a period of four years, but even with facts brought out by them, there bad been no means to pursue.the matter further. In the downtown area, Mr. Jobson stated that he believed there were more police cars than citizens. Councilwoman Bailey informed him that a Committee would be formed to hear all complaints from within the City and that both sides of each complaint would be heard. Councilman Thomas stated that he was in concurrence with Mr. Jobson and.cited an incident supporting his belief. 103 Page 9 - Council Minutes - 6/19/78 Susie Newman, City, addressed Council and stated that she believed there were hidden costs involved in the Siebert vs. Bonfa suit and it was her opinion that if Councilman Siebert is going to involve the City, Mr. Bonfa should have the same right. Referring to police brutality, Mrs. Newman stated that the very nature of police work is, in her opinion, 'violent'. She gave various suggestions regarding the development and implementation of the citizens committee on the matter which is to be formed. Howard D. Subnick, City, addressed Council in response to statements of police brutality which were made at the June 5, 1978 Council meeting by Mr. Whaling pertaining to his stepson who had been incarcerated in the City jail. He believed that what Mr. Whaling's stepson had witnessed to be police bru- tality while incarcerated, had been a person brought into custody covered with the blood of both himself and his victim and who was booked and later taken, to hospital. With regard to the stone floor and discomfort referred to, Mr. Subnick stated that Mr. Whaling's stepson had been placed in a detoxification cell for his own safety and while in such a cell, it was common practice not to give any food, which was also for the protection of the individual incarcerated. -.1 Jeanne Collins, City, addressed Council and requested Council to consider holding the Oral Communications portion of the meetings at an earlier time. Mayor Shenkman responded that the matter would be brought up under 'New Business'. J Gordon Offstein, City, addressed Council regarding parking conditions along Pacific Coast Highway from Warner Avenue south to Newport Beach. He stated that in his opinion that parking conditions were extremely dangerous on week- ends and during holidays in this area and that the City was too permissive, allowing angle -parking every whichway. Mr. Offstein suggested that the law be more strictly enforced in this area. Mayor Shenkman stated that the matter would be looked into. Councilman Mandic stated the area was well posted; it is an endless chain of cars; the Police Department had asked the City to close down the parking but there had been no cooperation from the State. Mr. Offstein suggested increasing the parking fine. Gene Scheibel, City, addressed Council regarding the 'Meals on Wheels' program, stating that he hoped Council had had the opportunity of reading letters left with them on the subject. He stated that he had been delivering the 'meals on wheels' for three years and would be happy to continue doing so, for the privilege of serving people in need. Mr. Scheibel presented back- ground information on the program and stressed its importance to the community. Mayor Shenkman responded that Council had not made a decision to cut the program, that no decision had been made at the present time. Robert Reid, City, addressed Council and referred to the heavy traffic on 7th Street and the many accidents occurring there. He stated that petitions had been submitted to Council but that nothing has been done to remedy the 1 04 Page #10 - Council Minutes - 6/19/78 matter. Mr. Reid suggested that Council consider placing a stop sign at 17th Street and Delaware Street. Mayor Shenkman directed the Director of Public Works to set up an appointment to discuss the matter with Mr. Reid. Jim Gallagher, Sunset Beach resident, addressed Council and suggested that the City be TQ-Zoned", which had been done, he stated, in Houston. Mr. Gallagher made several suggestions of what he considered to be cost -saving measures to the City, which could be considered before adoption of the budget. Ed Zschoche, City, addressed Council and referred to Ordinance No. 2287 and Construction of Floating Dock and Pump -out Facility at Warner Avenue Fire Station - (CC-438), which was on the current agenda. He expressed concern that this matter should be considered at the present time. Councilman Mandic stated that this facility was being funded by the County. Dan Stack addressed Council and stated that he was employed by the City as a Cadet for the Huntington Beach Police Department. He referred to an incident which had happened a week ago in the public parking lot adjacent to the Police Department. Councilman Thomas, he stated, had verbally and mentally abused him and nearly physically abused him and he did not see how a man of his demeanor could represent the City. Bob Blackburn, Huntington Beach Police Department Cadet, addressed Council re- garding another incident in the parking lot. He referred to an article which had appeared in the Daily Pilot which stated that Councilman Siebert had reported "that the two Cadets were the most insolent he had ever seen". Mr. Blackburn pointed out that he believed that they were only doing their job in the public parking lot adjacent to the police building, and that at no time was either he or his partner insolent. Councilman Siebert responded that neither of the two cadets who had spoken were the ones to which he referred. Cadet Blackburn stated that no other cadets were on duty in the parking lot that evening. Councilman Thomas stated that Council had directed Captain Burkenfield to keep t�e parking lot open. Kenneth L. Bosworth, City, addressed Council and reminded Council that he had spoken to them a few weeks ago regarding recreational vehicle parking. He stated that since that time, staff had been working with him and made recommendations to Council. Mr. Bosworth referred to comments made by the Planning Director who had concluded that there should be no change in the Recreational Vehicle Code. Bruce Greer, City, addressed Council and exp�essed concern regarding Reach 1 of the trunk sewer from the Sanitation District to Lake Street. He urged Council to take a positive stand on the sewer and at least consider getting it as far as Lake Street. J J Thomas Lee Claud, City, addressed Council regarding weeds in the area of Mariners Cove, ma ling various suggestions to Council. He distributed photographs of the area to Council and pointed out the weeds. Mayor Shenkman directed the Director of Public Works to arrange an appointment with Mr. Cloud to discuss the matter and possibly find a solution. 405 Page #11 - Council Minutes - 6/19/78 Charles C. Bennett, Orange County Harbor Commissioner, addressed Council regarding construction of the floating dock and pump -out facility at the Warner Avenue Fire Station and expressed concern for the quality of the water and improving it in the community. Mayor Shenkman stated that a deci- sion would be made on the matter. Pat Downey, City, addressed Council and stated that he lives in the down- town area and was in favor of police protection. Mr. Downey believed that most of the trouble in the downtown area stems from non-residents of the area and in his opinion, the police helicopter is a comfort to the area residents. In conclusion, Mr. Downey displayed a list of priorities to his family relat- ing to the proposed budget. Nancy Raffetto, City, addressed Council and stated that she represented resi- dents of the Robinwood area. She referred to the McFadden Avenue closure, suggesting that it be closed at Cambay rather than Bolsa Chica and urged Council to reconsider their decision on the matter. Her letter covering the subject was distributed to Council at this time. J. Emma, Vice -President of the Huntington/Valley Little League, addressed Council and stated that the League occupies the Wardlow site and that he would like to bring Council up to date on their activities since there has been a complaint regarding the League's snack bar (located on the City Park site). After nine weeks of play, accomodating some 450 children, the Little League is at the end of the season, and over $2,700 had been invested into the development of fields this year. Mr. Emma stated that to date, five complaints had been received against Little League and all of them had stemmed from three people. He believed the League had done everything they have promised to do but that the same people would be again complaining. Sergio Martinez, City, addressed Council with reference to the Chief of Police. He stated that as a citizen of Huntington Beach, employed by the City, he had a deep respect for the Police Department and the law, however, he suggested that no more complaints be heard against the Police Department until a committee is formed to review the situation. Mr. Martinez stated that he, personally, had had problems with the Police Department, some of which he cited, concluding that he had received no satisfaction in his efforts to discuss them. Mayor Shenkman directed the Chief of Police to set up an appoint- ment and review Mr. Martinet' complaints. Steve Kane, City, addressed Council and expressed concern regarding the amount of time taken during Council meetings to discuss matters which he believed held little or no importance to the public. In particular, he was concerned with Proposition 13 and its impact upon the City's budget. He urged Council to protect the Police Department, Fire Department, and Para- medics, and expressed concern that the City Attorney had hired additional assistance for her department in the amount of $36,000. Councilmen Mandic, Siebert and Thomas defended their actions as Council members and discussed citizen participation, which appears under Oral Com- munications, of which they were in favor. Councilwoman Bailey also defended the Oral Communications portion of the meeting,.stating that this had been one of her campaign promises. Mayor Shenkman informed the audience that Page #12 - Council Minutes - 6/19/78 I I there had been an Attorney waiting for some time with whom Council would like to spend time with in Executive Session, however, this could only be accomplished with the full concurrence of Council, which was given at this time. James E. Chodzko, Legal Counsel for Mr. Don P. Bonfa, addressed Council stating that he would like to have on record a clarification from the City Attorney as to the subjects allowed in Executive Session, under the Brown Act. He felt that there could be a problem with outside counsel meeting in Executive Session. Mayor Shenkman stated that Council had already received a ruling and therefore, deemed it appropriate to meet with Mr. Chodzko in Executive Session. , ,u ti/ EXECUTIVE SESSION CALLED Mayor Shenkman called an Executive Session of Council for the purpose of meeting with Mr. Chodzko to discuss litigation. RECESS - RECONVENE Mayor Shenkman called a recess of Council at 10:30 P.M., which was reconvened at 10:40 P.M. RESOLUTIONS ADOPTED Councilwoman Bailey requested an explanation as to the funding of the Safer Off - System Roads Program, stating that she would prefer making a decision after adoption of the City budget. The Director of Public Works stated that a decision of Council was urgent since there was a deadline involved in the matter. On motion by MacAllister, second Mandic, Council directed the Clerk to read Resolu- tion Nos. 6424, 4625 and 4626 by title; waived further reading and adopted sane by the following roll call vote: AYES: MacAllister, Mandic, Siebert, Shenkman NOES: Thomas, Bailey ABSENT: Pattinson s RES NO 4624 - ADOPTED - O C SAFER OFF -SYSTEM ROADS PROGRAM & METHOD OF DISTRIBU- TING FUNDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE ORANGE COUNTY SAFER OFF -SYSTEM ROADS PROGRAM AND THE METHOD OF DISTRIBUTION OF FUNDS." J RES NO 4625 - ADOPTED - REQUEST TO COUNTY OF ORANGE FOR FUNDS - SAFER OFF -SYSTEM RUB ROG M 976-77 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO ALLOCATE SAFER OFF -SYSTEM ROADS PROGRAM FUNDS FOR THE 1976-1977 FISCAL YEARS." JF S NO 4626 - ADOPTED -_REQUEST TO COUNTY OF ORAA - SAFER OFF-S "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO ALLOCATE SAFER OFF -SYSTEM ROADS PROGRAM FUNDS FOR THE 1977-1978 FISCAL YEAR." Page #13 - Council Minutes - 6/19/78 J ✓ BULLETIN BOARDS FOR COUNCIL AGENDAS - TRIAL PERIOD APPROVED The City Administrator referred to a transmittal from the Public Information Officer regarding the program to distribute Council Agendas and Action Agendas at selected bulletin boards thorughout the City. Discussion was held on the matter between Council and staff and it was deter- mined that no additional cost was involved. The City Adminstrator stated that he was unaware that the plan had already been implemented to which Bill Reed, Public Information Officer, responded. Councilman MacAllister stated that he believed the public should be informed of what is going on in the City. The City Administrator explained that this was a pilot program. Council had directed that a method be found to distribute agendas in order that the public could be better informed of Council meetings. Mayor Shenkman stated that he was satisfied with the City Administrator's explanation. A motion was made by Mandic, seconded by MacAllister to approve the pilot program for a period of 60 days, at which time it would be presented to Council for evaluation. The motion carried by the following vote: AYES: MacAllister, Bailey, Mandic, Shenkman NOES: Thomas, Siebert ABSENT: Pattinson J PARKING OF NON -MOTORIZED VEHICLES ON STREETS - TIE VOTE - 140 ACTION TAKEN The City Adminstrator referred to a communication from his office regarding Mr. Kenneth Bosworth's request to Council that non -motorized vehicles be allowed to park on a residential street for at least 24 hours to allow load- ing and unloading of the vehicles. Mayor Shenkman addressed the matter and gave reasons why he did not favor allowing non -motorized vehicles to park on residential streets. Councilman MacAllister believed that some consideration should be given to individuals with non -motorized vehicles, at least for the period of loading and unloading such vehicles. He believed that a restriction would infringe on people's rights, with which Councilwoman Bailey concurred. A motion was made by Bailey, seconded by MacAllister that Council direct the code to be changed to allow all non -motorized vehicles to be parked on residential streets for a period of 48 hours. The motion failed by the follow- ing tie -vote: AYES: MacAllister, Bailey, Siebert NOES: Thomas, Mandic, Shenkman ABSENT: Pattinson A motion was made by Shenkman, seconded by Thomas, to leave the Ordinance as it currently exists, which failed by the following tie -vote: AYES: Thomas, Mandic, Shenkman NOES: MacAllister, Bailey, Siebert ABSENT: Pattinson 108 Page #14 - Council Minutes - 6/19/78vl CITY ALLEY SWEEPING - (RCA 78-12) - NO ACTION TO BE TAKEN AT THIS TIME The City Adminstrator presented a communication regarding the matter of City alley sweeping, which was deferred from the June 5, 1978 Council meeting. A motion was made by MacAllister, seconded by Thomas, that no new program of alley sweeping be adopted by the City at this time. The motion carried unanimously. PENDING PURCHASE REQUEST - REPAIRS APPROVED - NEW PURCHASES POSTPONED The City Adminstrator referred to his communication dated June 15, 1978 regarding pending purchase requests. He stated that since the June 7, 1978 Council meeting on the budget, there had been a freeze on all major expenditures except those required in order to maintain essential services. Many requisitions and purchase orders were pending at the time the freeze was implemented. He had directed that all outstanding requests be processed through the purchasing procedure to the point of being placed on purchase orders, but purchase orders were not to be released pending further review. A list of the pending requisitions and purchase orders was presented and he noted that the last item summarized several requests for carpeting and drapes, made by Fire, Recreation and Parks, and Harbors and Beaches. He stated that Councilman Thomas had informed him, having visited the Fire Department locations for which carpet replacement was requested, that in his opinion, none of the carpet and drapes expenditures for any of the departments should be granted. The City Administrator stated that if Council feels strongly that any item should or should not be purchased, he would appreciate receiving specific direction, otherwise he would scrutinize the requests in light of the current financial situa- tion and approve only those which are essential and appropriate. Discussion was held on the matter between Council and it was generally agreed that repair should be made in instances where not to do so, would result in the ultimate purchase of new materials for replacement of carpets and drapes. A motion was made by Thomas, seconded by Siebert, to repair carpets and drapes in need of repair and refrain from purchasing any new ones. The motion carried unanimously. f REQUEST FOR WEED REMOVAL & MAINTENANCE - THOMAS CLOUD - DEFERRED PENDING REPORT The City Clerk presented a communication from Mr. Thomas Cloud requesting that the planted area around Mariner's Cove Development not being maintained, be weeded and landscaped by Mariner's Cove. Mayor Shenkman stated that Mr. Hartge would be meeting with Mr. Cloud, and that a representative of the Association had stated that the weed removal would commence.' Discussion was held between Council and staff on the matter and Councilman Mandic inquired why the City maintained three sides of the development, to which the Director of Public Works responded that he would give him the necessary information. Photographs were shown of the area not being maintained at Mariner's Cove. 10,19 Page #15 - Council Minutes - 6/19/78 RE UEST FOR ORDINANCE REVISION - KEEPING OF RABBITS - TO BE REVIEWED The City Clerk presented a communication from Mr. B. Hall regarding his request for a revision to the City ordinance relative to the keeping of rabbits. A motion was made by Thomas, seconded by Bailey, that the matter be referred to the City Administrator for investigation and a report. The motion carried unanimously. ORDINANCES - FIRST READING A motion was made by MacAllister, seconded by Bailey, to direct the Clerk to give Ordinance Nos. 2287, 2288 and 2293 a first reading by title and to waive further reading by unanimous vote. The motion failed as follows: AYES: MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Thomas ABSENT: Pattinson The Clerk was directed to read Ordinance Nos. 2287, 2288 and 2293 in full, due to the lack of the required unanimous vote on the motion to read by title and waive further reading. 111 ORDINANCE NO 2287 - MOORING REGULATIONS - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO SECTIONS 13.36.090 AND 13.36.100 REGULATING THE MOORING OF NON CITY -OWNED VESSELS TO CITY DOCKING FACILITIES." ORDINANCE NO 2288 - TAXICABS - VEHICLES FOR HIRE - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 5.48 PERTAINING TO TAXICABS - VEHICLES FOR HIRE." J V` ORDINANCE NO 2293 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE BOARD OF ADMINISTRA- TION OF THE CALIFORNIA PUBLIC EMPLOYEES'IETIREMENT SYSTEM." ORDINANCE NO 2289 - REGULATING PLACEMENT OF POLITICAL SIGNS - REFERRED TO PLANNING COMMISSION Mayor Shenkman informed Council that Ordinance No. 2289 had been referred to the Planning Commission. Discussion was held between Council on the mat-cer. 110 Page #16 - Council Minutes - 6/19/78 RECONSIDERATION OF APPEAL TO APPROVAL OF TT 9889 - SAND DOLLAR DEVELOPMENT - APPROVED, ND #77-140 - ADOPTED The Clerk presented the matter of Tentative Tract 9889 - Sand Dollar Development, upon which action had been taken April 3, 1978 denying an appeal to the Planning' Commission's approval of TT No. 9889, a 16 lot subdivision located approximately 100 feet westerly of Lawson Lane, 490 feet south of Adams Avenue in an R1 low density residential district. A motion to reconsider action taken at the April 3 meeting was passed on April 17, 1978. The new public hearing opened May 1 and was continued to May 15, 1978 at which time the hearing was closed. A decision was deferred pending a traffic study by the Department of Public Works and the Planning Department. On dune 6, 1978 the matter was continued, at the request of the appellant, to the present date in order that an independent study could be made. A motion was made by MacAllister, seconded by Mandic, that Council adopt Negative Declaration No. 77-140 and approve Tentative Tract 9889 with findings and condi- tions as recommended by the Planning Commission. Councilwoman Bailey spoke regarding the curb radius, stating that she would vote against the motion if it remained at 17 feet. Councilman Thomas stated that he would vote against the motion also and gave reasons for his opinion. Councilman Siebert stated that he believed there was a condition of approval given at the former meeting whereby the approval of Mr. Simpson and Mr. Winn were to be given. Councilman Thomas observed that he had seen no paperwork to that effect. The motion was made by MacAllister, seconded by Mandic, carried by the following roll call vote: AYES: MacAllister, Mandic, Siebert, Shenkman NOES: Thomas, Bailey ABSENT: Pattinson f COMPUTER MODEL OF CITY WATER SYSTEM - PROFESSIONAL SERVICE AGREEMENT AUTHORIZED The City Clerk presented a communication from the Department of Public Works re- garding the preparation of a computer model of the City's water system. A motion was made by Siebert, seconded by Thomas, that the City accept the proposal from Engineering -Science, Inc. to complete the study for a lump sum of $26,950, and authorized the preparation of a professional service agreement. The motion carried by the following roll call vote: AYES: MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Thomas ABSENT: Pattinson OFFSITE CONSTRUCTION SPOILS CLEAN UP - PLANNING DEPARTMENT - PLAN TO BE IMPLEMENTED The City Clerk presented a communication from the Planning Department regarding the Planning Commission's recommendation that the City require clean up of offsite construction spoils. Action was deferred from the June 5, 1978 Council meeting. Page #17 - Council Minutes - 6/19/78 On motion by Bailey, second VacAllister, Council directed the City Administra- tor to develop appropriate implementing measures to insure construction spoils clean up. The motion carried as follows: AYES: MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Thomas ABSENT: Pattinson` BOARDS AND COMMISSIONS - REAPPOINTMENTS MADE AS OF 6/30/78 Mayor Shenkman expressed concern regarding expiration dates of some members to various City boards and commissions and stated that he had :Wade recommenda- tions that the City Council re -appoint members whose terms of office expire on June 30, 1978, with the exception of Mara Jochums to the Equal Employment Opportunity Commission, and Robert Bazil to the Redevelopment Commission, both of whom had resigned. A motion was made by Siebert, seconded by MacAllister, to re -appoint members whose terms of office expire on June 30, 1978, with the exception of Mara Jochums (Equal Employment Opportunity Commission)and Robert Bazil (Redevelopment COMM.), both of whom have resigned. The motion carried by the following roll call .rote: AYES: MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Thomas ABSENT: Pattinson EQUAL EMPLOYMENT OPPORTUNITY COMMISSION - ✓APPLICATIONS TO BE REVIEWED With,.regard to the vacancy on the Equal Employment Opportunity Commission, Mayor Shenkman directed Councilmen Thomas and Siebert, the liaison officers, to review the applications and present recommendations to Council at a later date. ATTORNEY - ROBERT SANGSTER - DUTIES TO BE DETERMINED Councilman Siebert inquired of the City Attorney whether the new Attorney, Robert Sangster would be taking over legal representation to the Personnel Board, thereby freeing the City of the extra expense of $75.00 an hour as under the existing arrangement. City Attorney Gail Hutton, responded that it was her under- standing t:iat William Amsbary, Assistant City Attorney, had been appointed to represent the City's interest to the Personnel Board; that Nicholas.Counter had only, on occasion, been retained to represent the City's position. She informed Council that no decision had been made as yet. Councilman Siebert requested that a report on the matter be submitted to Ccil at the next Council meeting. d SURPLUS PROPERTIES FOR SALE - TO HE REVIEWED AT 7 3 78 COUNCIL MEETING Councilman Siebert suggested that possibly under 'Parking Authority' at the next Council meeting, a review could be made of land owned by the City in the down- town area which had been purchased by the Parking Authority for redevelopment of a project some time ago which project had since gone defunct. He suggested that the land be sold for private enterprise. On motion by Siebert, second Thomas, Council directed that surplus property in the downtown area be put on the July 3, 1978 Council agenda, under 'Parking Authority'. The motion carried. Page fl$ - Covncil Minutes - 6/19/78 v OIL SUMPS Its CITY - REPORT REOUESTEU Councilman Siebert stated that there were a number of oil sumps in the City which were not sealed. He requested the City Administrator to compile a list of the oil sumps in the City and thh steps,being taken to correct them. PARKING LOT ORDINANCE TO BE AMENDED Councilman Siebert referred to the parking lot incident which had occurred during the Council meeting of June 13, 1978 and stated that he would like to formalize action which had been taken on the matter. A motion was made by Siebert, seconded by Mandic, to reaffirm the intent of Council at the June 13, 1978 Council meeting that the Police Department employees' parking lots be allowed to be used for graduations and to expedite with all vigor with the City Adminstrator the change of that ordinance to allow this to happen and that through Captain Burkenfieid the lots be opened for those three nights - Tuesday. Wednesday, and Thursday evenings and that that procedure be the exception to the normal male. The motion carried by the following roll call vote: AYES: Thomas, Bailey, Mandic, Siebert NOES: MacAllister, Shenkman ABSENT: Pattinson FOURTH OF JULY - MAYOR'S RECEPTION CANCELLED Councilman Mandic suggested that in an effort to cut costs to the City, the Mayor's Reception, following the Fourth of July Parade be cancelled. On motion by Mandic, second Shenkman, the Mayor's reception following the Fourth of July Parade was cancelled by Council. The motion carried unanimously. EXECUTIVE SESSIONS - PROCEDURE Councilman Mandic discussed the procedure of Executive Sessions, stating his opinion that it was not proper to hold them imediately preceding Council meetings, resulting in public being kept waiting, on occasion, for the commencement of the meeting. He suggested t°gat the Executive Session, when called for, be held after the Cify Council meet+',a, rather than before, or on a separate day of the week. He believed the sessions were too hurried and Council did not have adequate time to fully understan- the informatin given. Mayor SheAkma,i stcd that he was not in favor of conducting Executive Sessions on a separate date and informed Council that in future, an effort would be made to conduct the Executive Session one hour earlier than the Council meeting, rather than a separate date. ORAL COMMUNICATIONS Councilman Mandic, suggested that perhaps Oral Communicaitons could be scheduled earlier in the Council meetings. Discussion was held between Council on the matter. Mayor Shenkm.n reminded Council that the Oral Communications portion of the meet- ing followed the Oublic hearings. No action was taken at this time, I . Page #19 - Council Minutes - 6/19/78 DOWNTOWN PARKING - MOTORCYCLES Councilman Thomas informed Council that he had been observing the downtown parking regulations as it applies to motorcycles. He had been discussing the matter with motorcyclists and believed that contrary to the ordinances, four such vehicles could be parked in one stall. He displayed photographs showing what would happen in the area, were motorcycles to occupy one stall each. Following further discussion, Councilman Thomas requested that a change be made in the ordinance in order to accommodate four motorcycles per stall. A motion was made by Thomas, seconded by Siebert, to direct the City Adminsitra- tor to bring direction before Council, following consideration and input from the Police Department as to the feasibility of amending the parking ordi- nance. The motion carried by the following vote: AYES: Thomas, Bailey, NOES: MacAllister ABSENT: Pattinson Mandic, Siebert, Shenkman f IDLE WELLS - FORCED ABANDONMENT PROGRAM TO BE REVIEWED Councilman Thomas addressed Council regarding the problem of abandoned oil wells, elaborating upon his concerns. The City Adminsitrator was directed to investigate the forced abandonment code on idle wells and present a report of his findings to Council. OIL CODE - ENFORCEMENT Councilman Thomas expressed his concern for the overflow of gas from a tank farm at the southeast corner of Ellis Avenue and Goldenwest Street. He stated that he had requested that the matter be looked into but that nothing had been done. He also referred to trash down in the gulleys and requested the City Adminstrator to investigate the matter. Councilman Siebert inquried whether the City's code adequately covered the matter, to which the Director of Building and Community Development responded that he would investigate the matter and report back to Council. The City Attorney elaborated upon the procedure by which the code was enforced which was adherred to mainly upon request. A motion was made by Thomas, seconded by Bailey, to enforce the oil code uniformly. The motion cay ried unanimously. PUBLIC RELATIONS IN DOWNTOWN AREA Councilman Thomas addressed Council and stated that he personally had no axe to grind' against the Police Department but he believed citizens have the right to be treated with respect and suggested that some good public relations be developed in the dovfntown�. area. COUNCIL COMMITTEE APPOINTED - CITIZENS' GRIEVIANCE COMMITTEE Councilwoman Bailey stated that she had received numerous calls from citizens interested in serving on the proposed committee which would investigate various 114 Page #20 - Council Minutes - 6/19/78 complaints made by citizens against the Police Department and any other City representatives. Discussion was held between Council. A motion was made by Bailey, seconded by Thomas, that Councilwoman Bailey, together with Councilmen Siebert and MacAllister be appointed to meet and bring before Council their recommendations for the foundation of the Grieviance Committee. The motion carried unanimously.,,., SEWER LINE HOOKUP - CITY'S POSITION TO BE REAFFIRMED - MEETING TO BE SCHEDULED WITH ORANGE COUNTY SANITATION DISTRICT Councilman MacAllister referred to action which Council had taken at a prior meeting regarding the sewer link along Pacific Coast Highway. He believed that Council should either rescind or reaffirm the action taken previously. The Direc- tor of Public Works explained the matter. Councilman MacAllister stated that he would like to have on public record confirmation of Council's support of the action. A motion was made by MacAllister, seconded by Siebert, that Council's previous position in support of the sewer link along Pacific Coast Highway be reaffirmed. Councilman Siebert suggested that a representative from the Orange County Sani- tation District make a presentation on the matter before Council. Mayor Shenkman directed the Planning Director to arrange for such a meeting. A vote was taken on the motion made by MacAllister, which carried as follows: AYES: MacAllister, Siebert, Shenkman NOES: Thomas, Bailey ABSENT: Pattinson ABSTAIN: Mandic FINAL ACTION ON BUDGET Councilman MacAllister stated that he would like to reaffirm the City's position with regard to cuts in personnel, budget, etc. in that no formal, firm decisions have been made as yet, regardless of what the press may have said. He stressed that recommendations only, have been made by Administration from various Department Heads as to possible ways of cutting back and that final decisions would be made by the City Council only after the public hearing which was set for June 26, 1978. "MEALS ON WHEELS" Councilman MacAllister stated that he wished to thank all the people who had taken the time to support the "Mials o� Wheels" program. SAKIOKA ONE-YEAR FARMING LEASE - YORKTOWN PARK SITE - APPROVED The City Clerk presented a transmittal from the Recreation and Parks Deparment of a one-year lease agreement at $1500 per year between the City and Ray K. Sakioka, Inc. for the lease of 5+ acres of City -owned undeveloped park property located under the Southern California Edison power line, on the west side of Magnolia Street, south of Garfield Avenue, for farming purposes with City option to renew for a second year. Page #21 - Council Minutes - 6/19/78 Councilman Siebert inquired how Mr. Sakioka had gotten the acreage and whether there were bids made on it, to which the Director of Public Works responded that Mr. Sakioka had approached the City and proposed utilizing the property for a small fee. On motion by MacAllister, second Siebert, Council approved one year lease with Sakioka, Inc. for farming purposes. The motion carried by the following roll call vote: AYES: NOES: ABSENT: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman None Pattinson SIONAL SERVICES CONTRACT - REAL PROPERTY AGENT - DEPARTMENT OF PUBLIC - DEFERRED PENDING APPROVAL OF CITY'S BUDGET The City Clerk presented a transmittal from the Department of Public Works of a contract between the City and the City's Real Property Agent in the amount of $22,080. Current contract expires June 30, 1978. On motion by Siebert, second Thomas, Council postponed taking action upon said agreement until after adoption of the City's proposed budget. The motion carried unanimously. 7 CONSTRUCTION OF FLOATING DOCK AND PUMP -OUT FACILITY - WARNER AVENUE FIRE STATION - CC-438 - APPROVED - BID AWARDED TO YE DOCK MASTER INC The City Clerk presented a communication from the Director of Public Works stating that bids for construction of a floating dock and pump -out facility at the Warner Avenue Fire Station had been received. The bids had been opened on June 9, 1978 in the Council Chamber by the City Clerk and the Director of Public Works. Bids submitted were as follows: Ye Dock Master, Inc., Huntington Beach - Bid Alternative 1 $36,900 - Bid Alternative 2 35,700 John L. Meek Constr. Co. Inc., Wilmington - Bid Alternative 1 $63,200 - Bid Alternative 2 62,400 The Director of Public Works stated that Bid Alternate #1 would be the preferred Alternative because low maintenance aluminum railing is included. In order to award Bid Alternative #1 to Ye Dock Master, Inc. without requir- ing the City to fund the difference between Orange County's allocation of $35,000 and the low bid of $36,900, he recommended that a change order be issued to delete one pile and exchange plastic pipe for the specified copper pipe. Ye Dock Master, Inc. has agreed to make these changes which will result in a contract price of $35,000, however, the changes would not detract from the usefulness of the docks. A motion was made by Siebert, second Bailey, to approve the recommendation of the Director of Public Works and award the contract for construction of a floating dock and pump -out facility at the Warner Avenue Fire Station to Ye Dock Master, Inc., City, the low responsible bidder, for a bid amount of $35,000, approving Change Order #1 to reduce the contract amount from $36,900 to $35,000; hold the other bid until Ye Dock Master, Inc. has executed the 116 Page #22 - Council Minutes - 6/19/78 contract for said work and filed the necessary bonds and insurance, and directed the City Clerk to notify the unsuccessful bidder of the action, returning their bid bond forthwith. The motion carried by the following roll call vote: AYES: MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Thomas j ABSENT: Pattinson J TRAFFIC SIGNAL SYSTEMS MAINTENANCE - ACTION DEFERRED TO 7/3/78 PENDING FURTHER TNFARMATTON The City Clerk presented a transmittal from the Director of Public Works stating that bids for maitenance of traffic signal systems had been received. He further stated that this was the second time that a request for bids had been advertised. No bids had been received the first time, therefore, the bonding requirements were modified and a request for bids was sent to the two contractors operating in Southern California. Signal Maintenance Incorporated was the only contractor to submit a bid the second time. The total estimated cost of the contract is $49,000, based on $30,550 for preven- tative maintenance ($36.37 per month per intersection) plus an estimated amount of $18,400 for extraordinary maintenance and repairs. The amount of this contract is at a level which may exceed the amount to be approved in the budget. However, this contract can be cancelled by the City subject to 30 days notice, and a different contract sought at a later date to match funds available. Discussion was held between Council and the Director of Public Works. Council- woman Bailey gave reasons why she was not in favor of approving the contract at this time. A motion was made by MacAllister, seconded by Shenkman, to award the bid for maintenance of traffic signals to the low bidder, Signal Maintenance, Inc. for the monthly amount of $36.37 per intersection, and other rates, as specified in the bid package. The motion failed by the following roll call vote: AYES: MacAllister, Shenkman NOES: Thomas, Bailey, Mandic, Siebert ABSENT: Pattinson Councilman Siebert suggested that the matter be brought before Council at the July 3, 1978 Council together with ad i,tional information on the matter. CITY OF COSTA MESA RESOLUTION - SCHOOL CROSSING GUARDS - CITY TO PREPARE SIMILAR ORDINANCE The City Clerk presented a communication from the City of Costa Mesa urging adoption of State Legislation which places the responsibility of crossing guards with school district. On motion by Bailey, second Siebert, Council directed the City Attorney to prepare a similar resolution. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: Pattinson ABSTAIN: Shenkman Page #23 - Council Minutes - 6/19/78 ITEMS RECEIVED AND FILED BY COUNCIL / 1. City of Costa Mesa Resolution requesting action by the California Depart- ment of Transportation on fulfilling transportation and safety needs along Route 55 (Freeway) through the City of Costa Mesa. 2. Southern California Edison Company applicaiton to /Public Utilities Corporation for authority to modify its Energy Cost Adjustment Clause to increase its Energy Cost Adjustment Billing Factor. ADJOURNMENT The regular meeting of the City Council of the City of Huntington Beach was adjourned by the Mayor to Tuesday, June 20, 1978 at 5:00 P.M., Room B-6, Civic Center. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Alicia M. Wentworth City Clerk By:'� 4"'6"et-I - Deputy City Clerk ii