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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