HomeMy WebLinkAbout1978-07-031
MINUTES
Council Chanter, Civic Center
Huntington Beach, California
MoIrlay, July 3, 1978
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Shenkman called the adjourned regular meeting of the City Council of
the City of Huntington Beach to order at 6:00 P.M
ROLL CALL
Present: Pattinson, Thomas, MacAllister, Bailey, flandic, Siebert, Shenkman
Absent: None
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 recon-
vened by the Mayor.
dn.lnj WNMFNT
The adjourned regular meeting of the City Council of the City of Huntington
Beach was adjourned by the Mayor.
ATTEST:
Alicia M. Wentworth
- City Clerk
Deputy City Cler
Alicia M. Wentworth
City Cleric and ear-o ficio Clerk
of the City Council of the City
of Huntington Beach, California
By
Deputy -City Clerk
Mayor
1441
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, July 3, 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: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
Absent: None
The Pledge of Allegiance was given by all present in the Council Chamber.
The invocation was given by Mrs. John Burgh, Regent - Clara Barton Chapter of the
Daughters of the American Revolution.
CONSENT CALENDAR ITEMS APPROVED - On motion by MacAllister, second Thomas, the fol-
lowing items were approved as recommended by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None ✓
SUBDIVISION AGREEMENT - TRACT 10213 - HARBOR BLUFFS - Accepted the Irrevocable
Letter of Credit California Federal), approved and authorized execution of the
Subdivision Agreement on property located southeast of Slater Avenue and Van Buren
Street.
STATE OF CALIFORNIA EXTENSION OF AGREEMENT FIRE PUMPER - Approved and authorized
execution by the Fire Chief of a two year Extension of Agreement between the City
and the State of California, Office of Emergency Services, relative to the use by
the City of a State Fire Pumper.
PARCEL MAP 7814 JAMES METZLER - Approved Final Parcel Map 7814 on property located
on the east side of Chemical Lane, south of McFadden Avenue, pursuant to the man-
datory findings set forth in Section 66474 of the Government Code and instructed
.the City Clerk to execute same. and release for processing by the County.
TRACT 9907 -NOTICE OF COMPLETION - J.U. LUSK & SUN - Accepted improvements dedi-
cated for public use in Tract 9907, located on the east side of Graham Street, south
of Bolsa Avenue, authorized release of the Faithful Performance Bond, Monument
Bond and termination of the Subdivision Agreement, and directed the City Clerk to
notify the developer and the Trea�urer to notify the bonding company.
EDISON EASEMENT LICENSE: AGREEMENT RENEWAL - EDISON COMMUNITY PARK - Approved and
authorized execution of a five year license agreement between the City and Southern
California Edison Company for the rental of eight acres of Edison Company right-of-
way on Hamilton Avenue, west of Magnolia Street, under the same rental terms, condi-
tions and restrictions as contained in the original agreement.
145
Page #2 - Council Minutes - 7/3/78 �
COMPUTER MODEL OF CITY WATER SYSTEM - AGREEMENT - Approved and authorized execution of a
professional service agreement between the City and Engineering Science, Inc. for a com-
puter model of the City Water System for a ost not to exceed $26,950.
f
NEW CITY CHARTER - COUNCIL CERTIFICATION - Approved Certificate of Ratification by Elec-
tors of the City of Huntington Beach of Certain Charter Amendments and authorized execution
by the Mayor and City Clerk.
CC-414 - NOTICE OF COMPLETION - MAIN'STREET LIGHTING - Accepted work completed by Smith
Electric Supply for a contract amount of $33,347 and instructed the City Cleric to file the
Notice of Completion.
AGREEMENT FOR PROFESSIONAL SERVICES - TRAFFIC SIGNALS- WESTON PRINGLE ASSOCIATES - Approved
and authorized execution of a professional service agreement between the City and Weston
Pringle & Associates for the design of traffic signals at the following locations: Slater/
Gothard, Slater/Newland, Talbert/Gothard, Atlanta/Newland, Goldenwest/Norma, Goldenwest/
Palm and Edwards/Slater.
FINAL TRACT MAP 7534 - ALL OF TT 7534 - GOTHARD BUSINESS CENTER, LTD/STEWART DEV CO II -
Approved Final Tract Map 7534, being all of Tentative Tract 7534, as shown on Final Map
7534, pursuant to the mandatory findings set forth in Section 66474 of the Government
Code, located at the southwest corner of Heil Avenue and Gothard 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 Planning Commission; adopted Negative Declaration 78-11; Acreage: 19.128; Lots:
17; Developer: Gothard Business Center, Ltd., Westminster, Ca.; Deposit of fees for water,
sewer, drainage, engineering and inspections; Certificate of insurance; Subdivision Agree-
ment. The final map shall be recorded prior to expiration of Tentative Tract 7534 on
September 21, 1979, and further 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
recordation until the aforementioned conditions have been met.
FINAL TRACT MAP 9220 - PORTION OF TT 8995 - SIGNAL LANDMARK, INC - APPROVED
The Clerk presented a communication from the Planning Director relative to Final Tract Map
9220, being a portion of Tentative Tract 8995. Discussion was held on the matter between
Council and staff.
On motion by Pattinson, second MacAllister, Council approved Final Tract Map 9220, being a
portion of Tentative Tract 8995, as shown on Final Map 9220, pursuant to the mandatory
findings set forth in Section 66474 of the Government Code, located on the south side of
Talbert Avenue, west of Edwards 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 Planning Commission;
accepted the offer of dedication and improvement subject to requirements stipulated,
accepted the Performance Bond and approved and authorized execution of the agreement for
the required dedication of land for park site or payment of fee in lieu thereof; Acreage
20.607; Lots: 102; Developer: Signal Landmark, Inc.; Deposit of fees for water, sewer,
drainage, engineering and inspections; Certificate of insurance; Subdivision agreement;
Park and Recreational Fee payment shall be accepted or the Performance Bond posted at the
time of acceptance of the final map. The final map shall be recorded prior to expiration
of Tentative Tract 8995 on March 21, 1979, and further 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 recordation until the aforementioned conditions have been met. The
motion carried by the following roll call vote:
16
Page #3 - Council Minutes - 7/3/78
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Shenkman
NOES: Siebert
ABSENT: None
MINUTES - APPROVED
The Clerk presented the minutes of the regular meeting of June 5, 1978 and the
minutes of the adjourned regular meetings of June 7th, 12th, 16th and 19th, 1978
which had been removed from the consent calendar for separate consideration. On
motion by Siebert, second MacAllister, Council approved and adopted the minutes of
the regular meeting of June 5 and the minutes of the adjourned regular meetings of
June 7th, 12th, 16th and 19th, 1978 as written and on file in the Office of the City
Clerk. The motion carried by the following roll call vote:
AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
ABSTAIN: Pattinson
MASTER PLAN FOR SEWERS - AGREEMENT APPRUVED
The Clerk presented a transmittal from the Director of Public Works referring to
the March 20, 1978 Council meeting when authorization was given to solicit proposals
from consulting engineers for the preparation of a Master Plan of Sewers and stating
that proposals had been received. Lowry & Associates had quoted the lowest maximum
fee in the amount of $48,600 and the Director of Public Works recommended that Lowry
& Associates be awarded this agreement; said recommendation also considered their
prior experience in preparing sewer Master Plans and their ability to complete the
assignment by November 15, 1978.
Councilwoman Bailey discussed the procedure by which the proposals were made to which
the Director of Public Works responded.
On motion by Pattinson, seconded by Thomas, Council approved and authorized execution
of an agreement between the City and. Lowry & Associates to prepare a Master Plan
of Sewers for the City, for a maximum fee in the amount of $48,600. The motion
carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
OLD TOWN STORM DRAIN PHASE III - PLANS AND SPECIFIC APPROVED
The Clerk presented a trasmittal from the Director of Public Works refering to the
proposed construction of the Phase III Old Town Storm Drain, which he informed Council
is needed to relieve extensive flooding north of Yorktown Avenue on Delaware Street
and on Florida Street.
Councilman Siebert expressed concern regarding the source of funding of the storm
drain. He stated that it was his understanding that the funding would come from the
Contingency Fund in the form of a loan, and it was his opinion that this project
would have to wait, as would similar projects. Councilman Pattinson inquired why
this particular project was being escalated.
The Director of Public Works responded that $40,000 had been spent in time last year
in endeavors to protect citizens in the area and that he would not like to repeat
14
Page #4 - Council Minutes - 7/3/78
this procedure. He showed viewgraphs of the area after a heavy rain and the equipment
needed to pump out the area and problems involved. He stated that if the situation is not
remedied, there could be numerous law suits filed against the City by residents in the
area with property damage.
Considerable discussion was held between Council and staff on the matter and the hole
which caused the flooding was discussed at great length.
On motion by Pattinson, second MacAllister, Council approved plans and specifications for
the construction of Phase III Old Town Storm Drain and authorized the call for bids. The
motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Shenkman
NOES: Thomas, Mandic, Siebert
ABSENT: None �
PLANS AND SPECIFICATIONS (EIR 78-3)'- MAIN ST/BEACH BLVD SEWER - CC-398 - APPROVED
The Clerk presented a transmittal from the Director of Public Works stating that recent
monitoring of sewage flows in the aforementioned existing sewer showed the need for a new
sewer main as proposed and that not proceeding with this project would either overload the
existing sewers to an unacceptable degree, or severly"limit further development of the
area.
Considerable discussion was held between Council and staff on the matter. It was explained
by the Director of Public Works that this project was to be funded by the City, in keeping
with the Master Plan reviewed by staff and the City Council.
A motion was made by Pattinson, seconded by MacAllister, to adopt Environmental Impact
Report 783, approve plans and specifications for the installation of a sanitary sewer in
Main Street and Beach Blvd. and authorize the call for bids. The motion failed by the
following roll call vote:
AYES: Pattinson, MacAllister, Shenkman
NOES: Thomas, Bailey, Mandic, Siebert
ABSENT: None
A motion was made by Thomas, seconded by Pattinson, to reconsider the previous motion
taken, which carried by the following roil call vote:
AYES: Pattinson, Thomas, MacAllister, Shenkman
NOES: Bailey, Mandic, Siebert
ABSENT: None
A motion was made by Thomas, seconded by Pattinson, to adopt Environmental Impact Report
783, approve plans and specifications for the installation of a sanitary sewer in Plain
Street and Beach Boulevard and authorize the call for bids. The motion carried by the
following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Shenkman
NOES: Bailey, Mandic, Siebert
ABSENT: None w
FINAL TRACT MAP 9221 - PuRTION OF TT 8995 - SIGNAL LAND14ARK - APPROVED
The Clerk presented a communication from the Planning Uirector relative to Final Tract Map
9221, being a portion of Tentative Tract 8995. Discussion was held between Council and
'staff on the matter.
1.�1S
Page #5 - Council Minutes - 7/3/78
On motion by Pattinson, second MacAllister, Council approved Final Tract
Map 9221, being a portion of Tentative Tract 9885, as shown on Final Map
9221, pursuant to the mandatory findings set forth in Section 66474 of the
Government Code, located on the south side of Talbert Avenue, west of
Edwards 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 Planning Commission; accepted the offer of dedication and improve-
ment subject to requirements stipulated, accepted the Performance Bond
and approved and authorized execution of the agreement for the required
dedication of land for park site or payment of fee in lieu thereof;
.Acreage: 23,452; Lots: 114; Developer: Signal Landmark, Inc., Irvine;
Deposit of fees for water, sewer, drainage, engineering and inspections;
Certificate of Insurance; Subdivision Agreement; Park and Recreational
Fee payment shall be accepted or the Performance Bond posted at the time
of acceptance of the final map. The final map shall be recorded prior
to the expiration of Tentative Tract 8995 on March 12, 1979, and further
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
recordation until the aforementioned conditions have been met. The motion
carried by the following vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Shenkman
NOES: Siebert
ABSENT: Hone
SUBDIVISION AGREEMENT - TRACT 9221 - SIGNAL LANDMARK - APPROVED
The Clerk presented a communication from the Director of Public Works
regarding the Subdivision Agreement of Tract 9221.
Following discussion, a motion was made by Pattinson, seconded by MacAllister,
that Council accept Guarantee and Warranty Bond #2754192A, Faithful Perfor-
mance Bond #2754192, Labor and Material Bond #2754192 - (Safeco Ins. Co.
of America) on property located on the south side of Talbert Avenue, west
of Edwards Street, and approve and authorize execution of the Subdivision
Agreement. The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Shenkman
NOES: Siebert
ABSENT: None
SUBDIVISION _AGREEMENT„ - TRACT 9220 - SIGNAL _LANDMARK, INC - APPROVED
APPROVED
The Clerk presented a transmittal from the Director of Public Works
relating to a Subdivision Agreement for Tract 9220 being a portion of
Tentative Tract 8995.
Following discussion, a motion was made by Pattinson, seconded by MacAllister,
that Council accept Guarantee and Warranty Bond #2754195A, Faithful Per-
formance Bond ##2754195, Labor and Material Bond #2754195 - (Safeco Ins.
Co.) on property located on the south side of Talbert Avenue, west of
Edwards Street, and approved and authorized execution of the Subdivision
Agreement. The motion carried by the following roll call vote:
AYES: Pattinson., Thomas, MacAllister, Bailey, Mandic, Shenkman
NOES: Siebert
ABSENT: Mone
14
Page #6 - Council Minutes - 7I3I78
PUBLIC HEARING - CONFIRMATION OF ASSESSMENTS FOR DUNBAR STREET - ASSESSMENT
nTC,TRTrT Nn 75n - PP; Nn 4632 - CHANGES & MODIFICATIONS RES NO 4629 - CON -
Mayor Shenkman announced that this was the day and hour set for a public hearing
of appeals or objections to the confirmation of the assessment in the matter of
a special assessment district designated as Assessment District 7501 - Dunbar
Street Sewer and Water.
The Clerk informed Council that all legal requirements for publication, notifi-
cation and posting had been met and that the Affidavit of Publication, Certificate
of Mailing and Certificate of Posting were on file in the Office of the City Clerk.
She also stated that no communications or written protests to the matter had
been received. A staff report was given at this time by the Director of Public
Works.
Mayor Shenkman opened the public hearing.
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.
t
RESOLUTION NO 4632 - ASSESSMENT CHANGES & MODIFICATIONS - Al 7501 - DUNBAR ST - ADOPTED
The Clerk was directed to give Resolution No. 4632 a reading by title - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING CERTAIN
CHANGES AND MODIFICATIONS IN THE ASSESSMENT AS FILED PURSUANT TO THE TERMS AND
PROVISIONS OF THE IMPROVEMENT ACT OF 1911."
On motion by MacAllister, second Pattinson, Council waived further reading of
Resolution 4632 and adopted same by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
RESOLUTION NO 4629 - CONFIRMING ASSESSMENT - AD 7501 - DUNBAR ST - ADOPTED
The Clerk was directed to give Resolution No. 4629 a reading by title - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING THE
ASSESSMENT PURSUANT TO "IMPROVEMENT ACT OF 1911," BEING DIVISION 7 OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA."
On motion by Pattinson, second Siebert, Council waived further reading of Resolu-
tion No. 4629 and adopted same by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
RANCHO -VIEW PEDESTRIAN BRIDGE-.RESOLUTION.OF INTENT SETTING HEARING'DATE TO BE
PREPARED
Mayor Shenkman announced that this was the day and hour set for a public hearing
to consider the removal of a pedestrian bridge across the Ocean View Flood
Control Channel between Lancaster Drive and the Rancho View School grounds, and
Negative Declaration 78-61 which is a finding that said removal will not have
L
150
Page #7 - Council Minutes - 7/3/78
a significant adverse effect upon the environment. Communications had
been received June 27, 1978 from residents in the area favoring retention
of the bridge.
The Clerk informed Council that all legal requirements for publication,
notification and posting had been met and that no communications or
whitten protests to the matter had been received.
The Planning Director referred to his communication dated June 15, in
which the Planning Commission and Planning Staff recommended that Negative
Declaration No. 78-61 be approved and the pedestrian bridge retained, and
that mitigation measures be implemented including, but not limited to the
following: (1) installation of staggered barriers at either end of the
bridge; (2) installation of low profile street lighting; and (3) increased
police patrols in the area. The Commission also recommended that the
Department of Public Works be directed to trim hedges and trees that
encroach on the public right-of-way.
Councilwoman Bailey inquired as to the source of funding which would be
involved in lighting of the area.
Mayor Shenkman declared the hearing open.
Lindy L_._ Johnson, City, addressed Council and presented informal petitions
listing 155 signatures in favor of retaining the bridge, which, she stated,
brought the total signatures to 434 in favor of keeping the Rancho View
Pedestrian Bridge. She urged Council to consider keeping the bridge open.
Arthur I. Schwarz, City, addressed Council and referred to a staff report
directed to the Planning Commission dated June 6, 1978. He referred to
motorcycles which are prohibited on City sidewalks, and referring to access
to'school grounds, informed Council that it is forbidden to use the school
grounds; the school will be converted into an administration center. Mr.
Schwarz also referred to costs involved in removal of the bridge and re-
minded Council that no costs had been given for street lighting, etc.
Wayne L. Olsen, City, addressed Council and stated that he had resided in
the area for�13 years and that one of the factors in deciding to live there
had been that his children could go to school and use the pedestrian bridge.
He informed Council that there is no access to the corner of Beach Boulevard
and Warner Avenue on foot which is a safe route, other than the bridge
crossing. Mr. Olsen stated that he believed there was a continuous usage
of the bridge and that $6,000 was a great deal of money to be spent on its
removal. In conclusion, Mr. Olsen urged Council to consider retaining
the bridge until such time as the Ocean View Little League no longer uses
the Rancho View field and until the Huntington Beach High School District
provides -transportation to the Ocean View School District. He hoped that
Council would adhere to the recommendations of the Planning Commission.
Michael Moyer, City, addressed Council and stated that he had been in touch
WTEF57amily who have a walkway near their house, the lights from which
illuminate their backyard.
In rid Woken, City, addressed Council and stated that she hoped they had
had the opportunity to visit the community. She refuted earlier statements
made which were not in favor of the Rancho View Bridge remaining open.
ss� �
Page #8 - Council Minutes - 7/3/78
Mrs. Woken urged Council to approve retaining the bridge, at recommended by the
City's Planning Commission.
There being no one further to speak on the matter and there being no further
protests filed, either oral or written, the hearing was closed by the Mayor.
Councilman MacAllister expressed concern regarding the cost figure involved
in removing the bridge, to which the Director of Public Works responded,
informing him that the cost of the bridge's removal could be reduced by using
City forces. Councilman MacAllister stated that he was in favor of closing
the bridge.
Councilman Mandic expressed concern regarding the location of lighting for
the bridge. It was determined that exact location and type of light had not
been established at this time. A low -profile light had been suggested which
would not encroach upon homes in the area. Councilman Mandic stated that
he had visited the area, had seen several children using the bridge, had
witnessed no vandalism and was in favor of retaining the bridge.
Councilwoman Bailey requested that the recommendations of the Police Depart-
ment be heard at this time. She stated that the Planning Commission had re-
commended increased police patrol of the area but that in the light of the
Jarvis initiative, she was not sure this was possible. The matter was discuss-
ed at this time, following which Councilwoman Bailey stated that she would
vote in favor of the bridge remaining open to the public.
Councilman Pattinson stated that he disagreed with recommendations from the
Planning Commission and in his opinion, the pedestrian bridge should be closed.
Police Captain Ekstrom stated that in order to keep the bridge open, activities would
have to be increased by the Police Department patrolling the area. He believ-
ed that barricades could be put on the bridge to discourage motorcycle traffic.
Councilman Siebert stated that he believed the findings of the Planning Com-
mission addressed the problem, however, he had personally gone to the site on
several occasions and does not feel that mitigating measures recommended by
the Planning Commission change the problem. In his opinion, the Planning Com-
mission had not sufficiently addressed the problem and he would vote in favor
of removing the bridge.
The motion was made by Bailey, seconded by 11andic, to approve the recommendation
of the Planning Commission and Planning staff that the Rancho View pedestrian
bridge be retained and that the mitigation measures be implemented as recommend-
ed and approve Negative. Declaration 78-61. The motion failed by the following
roll call vote:
AYES: Bailey, Mandic
NOES: Pattinson, Thomas, MacAllister, Siebert, Shenkman
ABSENT: None
A motion was made by Pattinson, seconded by MacAllister, to direct the City
,Attorney to prepare a Resolution of Intent to conduct a public hearing to
consider the removal of the Rancho View pedestrian bridge. The motion carried
by the following rol.l.call vote:
Page #9 - Council Minutes - 7/3/78
AYES: Pattinson, Thomas, MacAllister, Siebert, Shenkman
NOES: Bailey, Mandic
ABSENT: None
PUBLIC HEARING -'APPEAL TO APPROVAL OF CUP 78-5 & NO #78-19
Mayor Shenkman announced that this was the day and hour set for a public
hearing to consider an appeal filed by Jeremiah's Restaurant, Inc. to
the Planning Commission's approval of Conditional Use Permit #78-5 to
permit the establishment of a disco dance facility for teenagers in an
existing shopping center. The proposed facility will occupy approxi-
mately a 3300 sq. ft. second story space of the center, located at the
northwest corner of Magnolia Street and Warner Avenue. The City Council
would also be considering Negative Declaration 78-19, being a finding
that said proposal.will not have a significant adverse effect upon the
environment.
The Clerk informed Council that all legal requirements for publication,
notification and posting had been met and that no communications or
written protests to the matter had been received, other than the letter
of appeal from.Jeremiah's Steak Houses However, several communications
on the matter had been received by the City Council office, whi.c.h had
been provided to the City Council members.
The Planning Director informed Council that the Conditional Use Permit
had been approved by the Planning Commission for a one year trial period,
with conditions, however, staff and the Police Department had recommended
that the project not be approved. Discussion was held on the matter,
to which Ron Russell, Planning Commissioner, responded.
Mayor Shenkman opened the public hearing.
Peter Brubeck, Vice President and representative of Jeremiah's Steak
House, and appellant, addressed Council and informed them that they had
not been afforded the opportunity to be present at the Planning Commission
hearing, since they were not aware of it until four days prior. Mr.
Brubeck stated that Jeremiah's Steak House had spent a considerable amount
of money in developing their enterprise and were also involved in dis-
cotheque business. He also expressed concern regarding parking in the
area, giving other reasons for disapproving the proposed teen disco,
and also listed several people who were not in favor of it.
Bennie G. Williams, President of Active Concepts, Newport Beach, addressed
Council with regard to parking in the area, which he stated, Traffic
Engineering had informed him was adequate to accommodate the proposed teen
disco. In his opinion, there was no parking problem and there was a need
in the community for this type of facility, expecially for teens. He
explained that there would be a club membership, good supervision and
exterior security, and gave reasons why he believed the project should be
approved.
Page #10 - Council Minutes - 7/3/78
Michael F. Obrand, Attorney representing Mr. Williams, addressed Council and
stated that he realized that the teen disco was a controversial project and
had tried to eliminate problemspertaining to it.
William J. Harmon, Attorney for Carrows Restaurants, Inc., Santa Barbara
a dressed Council and informed them that Carrows conducts a family business
and is concerned regarding the parking requirements.
James Jones, Westminster, representing several concerned residents in the area,
addressed Council and read excerpts from the regular meeting of the City
Council of the City of Orange, dated April 11, 1978 and spoke of the bad
rapport which the disco had brought to the area. Mr. Jones informed Council
that the Chief of Police had reported unfavorably on the disco. In conclusion,
he cited incidences of vandalism and damage to property in the area and the
detrimental effect upon the neighborhood.
Sheila Marcus, Fountain Valley, addressed Council and stated that she represent-
ed several area neighbors who were unaware that a teen disco had been proposed.
She expressed concern regarding traffic in the area, pointing out that Magnolia
was a bad exit to the freeway and that there was no off-street parking. In her
opinion, the additional traffic would impede the Fire Department's use of the
street.
Susan Victor addressed Council and stated that she was an employee of the City
of Fountain Valley Planning Department and addressing them in an official -
capacity. She spoke in opposition to the proposed teen disco stating that
the City of Fountain Valley's position is that the disco at the shopping center
will have a bad effect on other stores in the area, in Huntington Beach and
Fountain Valley, and they wished to avoid problems, which she listed. In con-
clusion, she stated that the City of Fountain Valley urged Council to deny
approval, giving reasons for their request. She also requested Council to
continue the appeal in order to give more people more time to attend and to
voice their opinions.
Mark Beswick, Santa Maria, addressed Council and stated that he lived near the
disco in Orange, which.he believed is not successful and had problems and
pointed out that he does not believe the vandalism in the area can be stopped:
Carol Ross, City, addressed Council and stated that she Iived in the vicinity
of the proposed teen disco, which borders three-quarters on Fountain Valley
and only one -quarter in Huntington Beach. She pointed out that very few people
were notified of the proposed development to which she was opposed, giving
reasons for her opposition. Lt. Sneblin was also opposed to the project and
she requested that he be allowed to address Council on the matter. Mrs. Ross
referred to the restrooms, which would be located outside the disco which con-
cerned her and in conclusion, urged Council to read the Minutes of the City
Council, City of Orange concerning the problems experienced by a similar disco
in their area, said minutes which had been submitted to Council.
Barbara Gonzales, City, addressed Council and stated that she is the owner of
"The Getaway" located in said center, which is open to women and teenagers
only. She stated that after investigation and having read the report from the
City of Orange and other material on the proposed disco, she -is opposed to
approval. She pointed out to Council that.if other tenants in the -area had been
made aware of the hearing, they would have been present.
154
Page #11 - Council Minutes - 7/3/78
J. Livermore, Minister, Grace Baptist Church, addressed Council and stated
that he had approached the Planning'Department regarding a family enter-
tainment center which would include four dance floors and had been advised
to approach Council on the matter. He believed that if the proposed disco
presently under discussion were to be rejected by Council, it might set a
precedent for future similar requests. In his opinion, it was wrong of
parents to .condone disco dancing for adults and condemn it for people
under the age.of 21 years. He believed that 'the family that plays together,
stays together' and in conclusion urged Council to give serious consideration
to the proposed teen disco.
Phillip Taylor, City, addressed Council and expressed concern regarding
traffic in the area. He referred to the skateboard park at Magnolia Street
and Warner Avenue and the 'reckless teenager drivers' in the area, and did
not believe that the relative proximity of the Huntington Beach/Fountain
Valley Police to the proposed disco was of significance.
There being no one further to speak on the matter and there being no
further protests filed, either oral or written, the 'hearing was closed
by the Mayor.
Councilwoman Bailey inquired whether there were any other discotheques
operating in Huntington Beach and whether the City had denied any requests
for such, to which the Planning Director responded that to his knowledge
there were none and no requests had been received. She expressed concern
for traffic in the area and suggested that if in this instance Council
denied the Conditional Use Permit, that an ordinance be prepared which
would disallow it in the future.
Councilman Pattinson stated that there had been a similar club in the City
in the past which had not been successful and which had posed many problems.
He spoke against the Conditional Use Permit and stated that he would not
like to go through the experience again.
A motion was made by Thomas, seconded by Siebert, to overrule the Planning
Commission, sustain the appeal, and deny Conditional Use Permit 78-5.
Councilman MacAllister expressed concern for the cost to the Police Depart-
ment in controlling such an activity and stated that he would oppose the
disco.
A vote was taken on the motion which carried by the following the roll call
vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
RECESS - RECONVENE
Mayor Shenkman called a recess of Council at 10:20 P.Pi. The meeting,
was reconvened by the Mayor at 10:'35 P.M.
Page #12 - Council Minutes - 7/3/78
s
PUBLIC HEARING - ZONE CASE 78-9 - APPROVED, ORDINANCE NO. 2296 - FIRST READING
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 Department, from R2 (Medium
Density Residential District) to C4 (Highway Commercial District) on property located
on the southeast corner of Warner Avenue and "A" Street.
The Clerk informed Council that all legal requirements for publication, notification,
and posting had been met and no communications or written protests to the matter had
been received.
Mayor Shenkman opened the public hearing.
There being no one to speak on the matter, and there being 'no protests filed.
either oral or written, the hearing was closed by the Mayor.
The Clerk was directed to give Ordinance No. 2296 a first reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM MEDIUM
DENSITY RESIDENTIAL TO HIGHWAY COMMERCIAL DISTRICT ON REAL PROPERTY LOCATED ON
THE SOUTHEAST CORNER OF WARNER AVENUE AND "A STREET (ZONE CASE NO. 78-9)."
On motion by Pattinson, second MacAllister, Council approved Zone Case 78-9 and
waived further reading of Ordinance No. 2296 by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
ORAL COMMUNICATION
Sally Tunstali, City, addressed Council and requested that Council reconsider action
taken on the Main Street/Beach Boulevard Sewer.
Douglas Jobson, City, addressed Council and stated that he operates the Pier Pizza
Palace and had appeared before Council before but was limited to three minutes under oral
communications. Mr. Jobson stated that according to the City Charter, there was
no ordinance limiting him to speak for three minutes. He quoted a portion of the
charter pertaining to the rights of residents or property owners to address Council.
The City Attorney responded that it was Council's customary practice to limit
speakers during Oral Communications to three minutes, following which Mr. Jobson
stated that Council was under 'citizen's arrest'. Mr. Jobson stated his concern
regarding police brutality, in particular to Chris Hawk, whom he introduced to Council.
He stated that Chris was drunk in public and had been beaten and kicked by the City
Police. The Municipal Court, he claimed, had been dismissing such charges, claiming
that they stem from 'resisting arrest' and Mr. Jobson believed that such plaintiffs
had become the 'laughing stock of the community'. He believed a Federal investi-
gation should be made of such claims.
Mayor Shenkman stated that he would not allow the Council Chambers to be turned into
a circus, that the judicial system had worked for over 200 years and that he had a
police report which refutes the allegations made by Mr. Jobson. He did not believe
Council should be set up to judge such matters which he believed would be a misuse
of their power.
I
Page #13 - Council Minutes - 7/3/78
Councilman Pattinson.inquired whether a complaint had been filed with the Police
Department and suggested that this be done.
Councilman Siebert expressed concern that there were complaints being presented
to Council against the Police Department and believed that Council should take
hold of the problem and take care of it. He inquired whether the City had a
police forum, to which the Administrator responded that there was not. Council-
man Pattinson stated that the correct procedure in such instances would be to
file a complaint with the City Attorney or the District Attorney,
Councilman Thomas disagreed with the suggestion made and stated that he had
invited people to come before Council and present their problems. In his opinion,
Mayor Shenkman was in violation of the City Charter. Considerable discussion was
held on the matter.
Councilwoman Bailey stated that in her opinion, there was no debate during Oral
Communication. She requested Mr. Jobson and Council members to give the committee
being formed this evening the opportunity to listen to the problems and recommended
that any criminal matters be directed through Council to the District Attorney's
office.
Randal C. Watson, City of Vista, addressed Council and stated that he had watched
his friends beaten and hit to the ground by two Huntington Beach police officers
and that in Jail he had heard many complaints. Councilman Thomas requested that
he be present on Thursday, July 6th at which time he would be meeting with a
representative of the Federal Rights Commission. Mayor Shenkman requested that
Mr. Watson leave his name and address with the Clerk.
David Pierson, City, addressed Council and stated that he had witnessed police
brutality, which had been referred to earlier in the meeting. He further
stated that the police had chased away the onlookers.
Terry Brown, resident of Miami, Florida, addressed Council and stated that he
had been outside Maxwell's Restaurant on the occasion referred to previously,
had heard a disturbance and upon investigation, had witnessed police officers taking
Chris Hawk and Jerry Meyling to the.jail. Police Officer, Badge No.112 had beaten
Chris Hawk -to the ground and hit him hard, injuring him and that Jerry Meyling,
who was handcuffed at the time, had his face "shoved in the cement" by the officer's
foot.
J+
Brian Perreault, Santa Ana, addressed Council and stated that on several occasions
he had witnessed police brutality in the City and had himself been a victim of it
on two occasions. He stated that he had seen the two officers mentioned earlier
beating up the two boys for no apparent reason and in his opinion, the officers
were inciting trouble and something should be done about it. Mayor Shenkman
responded that he would guarantee that a thorough investigation would be conducted.
Edna Fleckenstein, City, addressed Council and stated that she had been on the
pier and witnessed police officers antagonize people and she disapproved of this
behavior.
Jack Gleckenstein, City, addressed Council and assured them that what Randal
Watson had stated earlier had been the truth, that he had also witnessed the
incident and could not believe it was happening. He stated that Randal had told
51
Page #14.-Council Minutes - 7/3/78
the officers that it was not right what they were doing to the two boys, and that
Police Officer, Badge No. 112, had hit Randal, and together with another officer,
had beaten him to the ground.
He asked Council why this type of situation had been tolerated for so long and what
could be done about it. He stated .that the officers involved had been Badge Nos.
112 and 150.
Discussion was held by Council on the matter, following which, Mayor Shenkman
directed Capt. Ekstrom to take the names of people who wished to file a complaint
of police brutality. r"
Mike Whitney, City, addressed Council and stated that he too had rwitnessed the
incident referred to earlier. He suggested that Council look into the matter
and check out what had been said.
Councilman Thomas confirmed with the City Administrator that on Thursday, July 6
at 3:30 p.m. there would be a meeting held to discuss the matter, which would be
attended by Sally Janes, a representative from the Civil Rights Commission. The
City Administrator stated that a sign would be posted on Room B-7.or B-B.
Jerry Meyling addressed Council and stated that he had been beaten by officers
oftheHuntington Beach Police Force. In his opinion, police officers should
stop riots and not instigate them. .
Philip Menzes addressed Council and referred to another incident of brutality in
which he claimed four police officers were involved. He stated that he was hand-
cuffed, hit in the ribs, etc. Mr. Menzes stated that in order to prove his innocence,
he was obliged to spend $300 of his own money. In his opinion, it was unfair to
expect people to pay out of pocket expenses in order to prove their innocence.
COUNCILMAN THOMAS AND COUNCILMAN SHENKMAN LEFT THE CHAMBER AT THIS TIME
Mayor Pro Tempore Siebert assumed the Chair.
Gordon Offstein, City, addressed Council regarding the helicopter program which he
believed is a good program; however, he would like information as to the number of
helicopters owned by the City. He questioned whether the helicopter service was
moved to the Orange County Airport to establish a consortium -with other cities to
provide helicopter service, or to sell helicopter service to other cities.
The Mayor Pro Tempore requested that a report be presented as to the number of heli-
copters owned by the City. 4
Steve Kane, City, addressed Council and stated that as the Director of the Council
on Aging a wished to speak regarding the senior citizens program. Mr. Kane stated
that $163,000 was allocated to the Senior Citizens' Fund but that only $57,000 had
been allocated for the senior citizens' center. He requested that a letter be
directed to Mike Rodgers,Chairman of the Council on Aging regarding the disposition
of the remaining funds. i
Mr. Kane referred to the budget in which there was an item mentioned for trays and
inquired as to who had prepared the figure. He stated that he believed certain
CETA positions were too valuable to discontinue and that many of these people have
still not been transferred to the City and could lose their jobs; he would be happy
to give Council the names of these employees and the departments in which they work.
ISS
Page #15 - Council Minutes - 7/3/78
He made various inquiries regarding the recent carnival and also referred to
billboards of Councilman Thomas, advertising the cling events.
Thomas Neison,.Chairman of the Equal Employment Opportunity Commission addressed
ouncil and urged them to expand the commission from five to seven members.
Mayor Shenkman stated that he had received Mr. Nelson's memo and that together
with Councilman Thomas, would be bringing the matter before Council in the near
future.
Charlotte Hibner, City, addressed Council regarding the closure of Frankfort
Avenue, and stated that questions had been raised at the June 19th Council
Meeting upon which she would like to comment. Referring to the cost, she
stated that the project would be paid for from gasoline tax funds, which are
now available. The Planning Department had reported that Frankfort Avenue
handles 3,000 vehicles but she believes there is better than 500 more in the
summer months. Mrs. Hibner Stated that although the street could be reopened
at a cost of $50,000 what guarantee was there that with that much traffic the
street would not cave in again, with the rain and gophers. In her opinion,
there is no way the traffic speed of 25 m.p.h. can be enforced on Frankfort
Avenue.
COUNCILMAN THOMAS RETURNED TO THE MEETING
Wally VanCott, City, addressed Council and referred to the used car lots in the
City. In particular, he referred to the 20 - 40 vehicles for sale, parked in
the Meredith Gardens median strip. He had furnished Council with an area map
and.photographs of the cars parked in the area. Mr. VanCott urged Council to
adopt Ordinance No. 2294 scheduled later in the meeting.
Virginia Dalton, City, addressed Council and stated that.she had lived in an
area since 1964, which was zoned Rl. She informed Council that a family had
moved in across the street from her and that the home is being used under an
ordinance which permits 'home occupation". She stated reasons why she believed
the ordinance to be inadequate or abused and following conversation with the
City Attorney and the Planning Director, was assured that a reply to her letter
dated July 2, 1978, addressed to the Council, would be forthcoming.
Bob Smith, Attorney at Law, addressed'Council and stated that he had been requested
by Mr. and Mrs. Fleckenstein to be present. In his opinion, the charges brought
against the Huntington Beach Police Department were serious enough in nature to
warrant careful investigation by an independent body. Mr . Smith made several
suggestions as to how the matter could best be resolved satisfactorily.
Discussion was held between Council and Mr. Smith, who stated that he would
attend the meeting to be held Thursday afternoon, July 6, in Room B-8.
MAYOR SHENKMAN RESUMED THE CHAIR
Mayor Shenkman apologized for his absence at this time and suggested that the City
Administrator recommend to the Police Department that the officers involved in the
incident referred to be removed from their present positions and placed elsewhere
especially in view of the forthcoming 4th of July Parade.
159
Page #16 - Council Minutes - 7/3/78
COUNCILMAN PATTINSON LEFT THE CHAMBER
A motion was made by Shenkman, seconded by Thomas, that the two officers against
whom allegations had been made, be removed from their beat and transferred to
another location. The motion carried by the following roll call vote:
AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: Pattinson
COUNCILMAN PATTINSON RETURNED TO THE CHAMBER
RESOLUTIONS ADOPTED
On motion by Bailey, second Pattinson, Council directed the Clerk to read Resolution
Nos. 4627, 4628 and 4630 by title; waived further reading, and adopted same by the
following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
RES NO 4627 - ADOPTED - JOINING OF BUENA PARK LIBRARY DISTRICT TO SANTIA_GO__
LIBRARY SYSTEM
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE
f
JOINING OF THE BUENA PARK LIBRARY DITRICT THE SANTIAGO LIBRARY SYSTEM."
RES NO 4628 - ADOPTED - PARTIAL PAYMENT - REIMB AGRMT 77-Wl RODNEY EIDE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTIAL
PAYMENT ON REIMBURSEMENT AGREEMENT NO 77-W1 FROM WATER FUND FOR INSTALLATION OF
MACDONALD AVENUE WATER MAIN."
RES NO 4630 - ADOPTED - FRANCHISE TO BENCH AD CO BUS BENCHES
"A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO
GRANT A FRANCHISE TO THE BENCH AD COMPANY FOR THE PLACEMENT OF BUS BENCHES WITH
ADVERTISING WITHIN PUBLIC RIGH -OF WAY."
REPORT ON CITY -OWNED REAL PROPERTY - DOWNTOWN REDEVELOPMENT AREA - PROPOSED
CONVERSION TO PARKING LOT - DENIED
The City Administrator referred to a transmittal from the Director of Public Works
regarding City owned property which was originally acquired by the Parking Authority
and held for use pending redevelopment of the downtown area.
He stated that the properties could be declared surplus and sold in the event
that plans to redevelop the area are discontinued.
Councilman Mandic stated that he was not in favor of declaring the property surplus
until the Master Plan for the downtown area had been considered.
160
Page #19 - Council Minutes - 7/3/78r ✓
ORD NO 2292 - ADOPTED - BUS BENCHES WITH ADVERTISING UNDER THE FRANCHISE AGREEMENT
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE AND MUNICIPAL CODE BY AMENDING CERTAIN SECTIONS THEREOF FOR THE PURPOSE
OF ALLOWING PLACEMENT OF BUS BENCHES WITH ADVERTISE NG UNDER THE FRANCHISE AGREEMENT."
ORD NO 2290 �- ADOPTED - PPSA 78-2 - TERMINATION OF✓F FRANKFORT AVENUE
On motion by Pattinson, second Bailey, Council directed the Clerk to read Ordinance
No. 2290 by title and waived further reading - "AN ORDINANCE OF THE CITY OF HUNT-
INGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DM 12 TU
INCLUUE PRECISE PLAN OF STREET ALIGNMENT NO 78-2 TO TERMINATE FRANKFORT AVENUE AT
THE INTERSECTION OF INDIANAPOLIS AVENUE AND BEACH BOULEVARD." The motion carried
unanimously.
On motion by Pattinson, second Bailey, Council adopted Ordinance No. 2290 the
following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Siebert, Shenkman
NOES: Thomas, Mandic
ABSENT: None
ORD NO 2291 - ADOPTED - ZONE CASE 78-1
On motion by Pattinson, second Bailey, Council directed the Clerk to read Ordi-
nance No. 2291 by title and waived further reading - "AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION
9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM COMMUNITY BUSINESS TO QUALIFIED
MEDIUM HIGH -DENSITY RESIDENTIAL DISTRICT ON REAL PROPERTY LOCATED SOUTH OF EDINGER
AVENUE AND WEST OF BOLSA CHICA STREET (LONE CASE NO 78-1)". Motion carried unani-
mously.
On motion by Pattinson, second Bailey, Council adopted Ordinance No. 2291 by the
following roll call vote.:
AYES: Pattinson, MacAllister, Bailey, Mandic, Shenkman
WES: Thomas, Siebert
ABSENT: None
ORD NO 2293 - DEFERRED - CONTRACT BETWEE14 CITY AND BOARD OF ADMINISTRATION - PUBLI
EMPLOYEES' RETIREMENT SYSTEM
The City Administrator requested that Ordinance No. 2293 be deferred until it is
determined what impact revenues received from the State under SB 154 will have
on the matter.
ORDINANCES FIRST READING
ORD NO 2294 - FIRST READING - PARKING OF VEHICLES FOR SALE
The Clerk presented Ordinance No. 2294 for Council's consideration. Councilman
Siebert inquired whether this could be considered an emergency ordinance due to
the safety factor. Councilman Mandic concurred that it should be considered an
emergency ordinance. Councilman Mandic expressed concern regarding the cost
Involved in enforcing the ordinance. Councilman MacAllister was concerned that
citizens did not have enough warning before being cited and possibly having.their
cars towed away, since the practice of parking vehicles for sale had been going
161
Page #20 - Council Minutes - 7/3/78
on for so long. Councilman Thomas suggested that the ordinance be enforced firstly
by warnings for a period of perhaps 90 days, after which violators could be ticketed.
Considerable discussion was held between Council on the matter following which the City
Attorney suggested that the ordinance be adopted as a regular ordinance.
The Clerk was directed to give Ordinance No. 2294 a first reading - "AN.ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO
SECTION 10,40.125 PERTAINING TO THE PARKING OF VEHICLES FOR SALE."
On motion by MacAllister, second Thomas, Council waived further reading of Ordinance Ho.
2294. The motion carried unanimously.
It was determined that planning and police personnel would also issue warning notices to
the vehicles involved.
ORDINANCE NO 2295 - TABLED - GENERAL PARKING REGULATIONS
The Clerk presented Ordinance No. 2295 for Council's consideration - "SIN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMEND114G SECTION 10.40.230 PERTAINING TO GENERAL PARKING REGULA-
TIONS. Mayor Shenkman stated that he was opposed to the Ordinance. Councilman Mandic
did not believe that such an ordinance could be successfully enforced.
On motion by Pattinson, second MacAllister, Council tabled any action pertaining to
Ordinance No. 2295 at this time. The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION —EXPANSION TO BE EXPLORED
The Clerk presented a communication from Thomas Nelson, Chairman of the Equal Employment
Opportunity Commission requesting that the commission be expanded by an additional two
members. Mayor Shenkman stated his belief that another two members on the commission was
in order. He directed the City Administrator to give applications for membership to Council-
men Thomas and Siebert, who in turn would bring back recommendations and facts on the
E.E.O.-C. %
MEADOWLARK AIRPORT COMMITTEE APPOINTMENTS - LIAISON OFFICERS APPOINTED
The Clerk presented a communication from Mayor Shenkman pertaining to the Meadowlark Airport
Committee appointments and stating that telephone calls from both residents and pilots
had been received requesting that the Committee be reactivated. He suggested that Council-
woman Bailey and Councilman MacAllister be appointed to reactivate the Meadowlark Airport
Committee and report back to Council their findings.
ABSENCE FROM COUNCIL MEETINGS - APPROVED
Councilman MacAllister requested, and was granted, permission to be absent from Council
meetings held during the last two weeks of July and the first two weeks of August.
ANNEXATION OF BOLSA CHICA - PROPOSAL REJECTLD
A motion was made by Thomas, seconded by Pattinson, to direct the City Administrator to
make preparation for implementing the Bolsa Chica annexation to the City. Councilwoman
Bailey stated that she would not favor such.a motion at this time and would need to consider
Page #21 - Council Minutes - 7/3/78
public input on the matter. Councilman MacAllister concurred with Councilwoman
Bailey. Discussion was held on the matter following which, Councilman Thomas
withdrew his motion and Councilman Pattinson withdrew his second to the motion.
n motion was made by Pattinson, seconded by Siebert, to ask the Planning director
and City Administrator to start proceedings for the annexation of Bolsa Chica to
the City. The motion failed by the following vote:
AYES: Pattinson, MacAllister, Siebert
NOES: Thomas, Bailey, Mandic, Shenkman
ABSENT: None ✓
OIL DRILLING AND REACTIVATION PERMITS - TO BE REVIEWED BY COUNCI
A motion was made by Thomas, seconded by Siebert, that the oil drilling and reacti-
vation permits for the next six months be brought before the City Council.
Councilman Pattinson stated that he was not in favor of the motion.
The motion failed by the following vote:
AYES: Thomas, Siebert
NOES: Pattinson, MacAllister, Bailey, Mandic, Shenkman
ABSENT: None
INVESTIGATIVE COMMITTEE RECOMMENDATIONS
Councilwoman Bailey stated that she would like to adopt recommendations of the
Investigative Committee as soon as possible so that the Fact Finding Committee
can be formed.
Councilman MacAllister stated his belief that the Investigative Committee had
been organized according to Council's recommendations. Councilman Pattinson stated
that he did not feel comfortable with the present arrangement and made various
suggestions to Council.
A motion was made by Bailey, seconded by Siebert, to adopt guidelines submitted
by the Investigative Committee as set forth in the Ad Hoc Advisory Committee
Minutes dated June 27, 1978 in order to form the Committee to hear citizens'
complaints. The motion carried by the following vote:
AYES: MacAllister, Bailey, (Mandic, Siebert
NOES: Pattinson, Thomas, Shenkman
ABSENT: !None
Mayor Shenkman directed Council members to make an effort to submit the names
of their nominees for the Investigative Committee to the City Administrator by
Friday, July 11, 1978.
FIFTH YEAR HOUSING AND COMMUNITY UEVELOPMENT CITIZENS' ADVISORY COMMITTEE -
APPOINTMENTS APPROVED
The Clerk presented a communication from the Planning Department recommending
appointments to the Fifth Year Housing and Community Development Citizen's
Committee.
Page #22 - Council Minutes - 7/3/78
On motion by Pattinson, second Bailey, Council approved appointments of the following
volunteer candidates, as recommended.
Henry Paradis
Senior Citizens of Huntington Beach
Fran Andrade
Oakview Neighborhood
Hayward Parrish
Oakview Neighborhood
Richard Altamari
Kiwanis Club
Joseph Milkovich
Redevelopment Commission
Dean Albright
Environmental Council
Margarite Davenport
Library Board
Thomas Cooper
Recreation & parks Commission
Brenda Premo
Advisory Committee on the Handicapped
Mike Rodgers
Council on Aging.
Barney Cohen
Council on Aging'
Isabelle Kirchoff
American Association of Retired Persons
John Moser
Public -at -Large
Beverly Kenefick
Public -at -Large
Hildergard Breidenstein
Public -at -Large
Steve Kane
Public -at -Large
David Hayes
Bushard Neighborhood
Ruth Finley
Planning Commission
Tim Paone
Planning Commission
The motion carried as follows:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Shenkman
NOES: Siebert
ABSENT: None J
TRAFFIC SIGNAL SYSTEMS MAINTENANCE - BID APPROVED - SIGNAL MAINTENANCE INC.
The Clerk presented a transmittal from the Director of Public Works recommending that
Council award a private contract for maintenance of traffic signals within the City
to Signal Maintenance, Inc. for the low bid amount of $36.37 per intersection per month
and per the other rates specified in the bid package for extraordinary maintenance.
He stated that the recommended private contract is presently budgeted from the General
Fund under Account No. 416 of the Public Works budget in the amount of $9,361 (Jarvis).
An additional $21,000 was subsequently requested for City Council consideration to cover
the entire cost of the low bid received.
On motion by Pattinson, second MacAllister, Council awarded a private 'contract for
maintenance of traffic signals within the City to Signal Maintenance, Inc. for their
low bid amount of $36.37 per intersection per month and per the other.rates as specified
in the bid package for extraordinary maintenance, subject to 30 days cancellation, based
on the existing 30 days interim budget. The motion carried by the following roll call
vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: Thomas
ABSENT: None
EXECUTIVE SESSION CALLED
Mayor Shenkman called an Executive Session of Council for the purpose of discussing
personnel and litigation matters.
Page #23 - Council Minutes - 7/3/78
RECESS - RECONVENE
Mayor Shenkman called a recess of Council at 1:00 A.M. The meeting was reconvened
by the Mayor at 1:30 A.M. j
SETTLEME14T AGREEMENT - JOHN O'CONNOR VS. CITY OF HUNTINGT01 BEACH
The City Attorney announced that in the matter of John O'Connor vs. the City
of Huntington Beach, a full settlement agreement had been reached with the under-
standing that the following two changes be made:
a) Item No. 3, Page 1 - Increase number of hours from 384 to 486
b) Page 2 - carry-over of Item No. 4 from Page 1 - Pay
$10,000 for reasonable attorney fees, instead of $11,000
Mayor Shenkman recommended approval of the changes and stated that John O'Connor
would be rehired to his position as Deputy City Attorney, Level III and that
all grievances brought by him against the City are hereby null and void.
A motion was made by Mandic, seconded by Siebert, to approve the voluntary settle-
ment agreement, as amended in the matter of John O'Connor vs. the City of Huntington
Beach and authorize the Mayor and City Clerk to execute same on behalf of the
City.
Councilman Pattinson stated that he would not vote in favor of the motion as he
did not agree with the provisions of the settlement. Councilman MacAllister
questioned the wording of the agreement and stated that he would not vote in
favor of the motion as presented.
A roll call vote was taken on the motion which carried as follows:
AYES: Thomas, Bailey, Mandic, Siebert, Shenkman
NOES: Pattinson, MacAllister
ABSENT: None
:ITY OF ANAHEIM - PROPOSED LAWSUIT
f0 BE REVIEWED by CITY ATTORNEY CH
INST FAIR POLITICAL PRACTICES COMMISSION -
The Clerk presented a communication from the City of Anaheim requesting Council's
assistance in challenging an opinion of the Fair Political Practices Commission
relative to complimentary tickets and passes.
A motion was made by Pattinson, seconded by Bailey, to direct the City Attorney
to review the City of Anaheim's action relative to the Fair Political Practices
Commission, with regard to complimentary tickets and passes. The motion .carried
by the.following vote:
AYES: Pattinson, MacAllister, Bailey, Shenkman
NOES: Thomas, Mandic, Siebert
ABSENT: None
ITEMS RECEIVED AND FILED BY COUNCIL f
.1. City of Adelanto communication requesting Council support of an'initiative to
allow Las Vegas casino gambling in the Southern California desert City of
Adelanto and the northern City of Lakeport.
Page #24 -, Council Minutes - 713178
2. Public Utilities Corporation decision regarding application of Ai.rport.Service,
Inc. and 0range Coast Sightseeing Co. for authority to adjust rates, and order
correcting error in decision.
ADJOURNMENT
The regular meeting of the City Council of the City,of Huntington Beach was adjourned
by the Mayor to Tuesday, July 11, 1978 at 6:30 P.M.
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
I I