HomeMy WebLinkAbout1978-07-17I�
1
MINUTES
council Chamber, Civic Center
Huntington Beach, California
Monday, July 17, 1978
7:00 P.M.
Mayor Pro Tempore Siebert called the adjourned regular meeting of the City
Council of the City of Huntingtr n Beach to order at 7:00 F.M.
BOLL CALL
Present: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
Absent: Shenkman
EXECUTIVE SESSION CALLED
Mayor Pro Tempore Siebert called an Executive Session of Council for the purpose
of discussing personnel and litigation matters.
RECESS - RECONVENE
Mayor Pro Tempore Siebert called a recess of the Council. The meeting was then
reconvened by the Mayor Pro Tempore.
ADJOURNMENT
The adjourned regular meeting of the City Council of the City of Huntington
Beach was adjourned by the Mayor Pro Teupore.
ATTEST:
l
City Clerk
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
le, el _�-
Mayor Pro Tempore
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MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, July 17, 1978
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Pro Tempore Siebert 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
Absent: Shenkman
The Pledge of Allegiance was led by Councilman Pattinson,
The invocation was given by Thomas Overton, First Christian Church.
UPDATE ON ASSEMBLY ITEMS - ASSEMBLYMAN DENNIS MANGERS
Mayor Pro Tempore Siebert introduced Assemblyman Mangers and thanked him for his
support in representing the City in the Beach Erosion project.
Assemblyman Mangers addressed Council and the audience regarding State funds
which would be forthcoming, under S8 154 and offered guidelines to the City with
regard to utilization of same. He gave reasons why he believed it would be in
the best interest of the City .to accept the funds, and also referred to SCA 42.
CONSENT CALENDAR - ITEMS APPROVED
On motion by Pattinson, second MacAllister, Council approved the following items
as recommended by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Shenkman
PERSONNEL BOARD RESIGNATION - FITTEN - Accepted, with regret, the resignation
of Frank Fitten from the Personnel and and directed preparation of an appro-
priate commendation.
PARCEL MAP 8688X-17-.KACOR REALTY - Approved Parcel Map 8688X-17 pursuant to —..
mandatory finds set forth in,Section 66474 of the Government Code, on property
located at Oceanus Drive, east side of Bolsa Chic& Avenue and instructed the City
Clerk to execute same and: -release for processing by the County.
PARCEL MAP 78-2 - ROBERT JARRARD - Approved Parcel Map 78-2 pursuant to mandatory
findings set forth in ect o— 474 of the Government Code, on property located
south west of Beach Boulevard and Terry Drive and instructed the City Clerk to
execute same and release for processing by the County.
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Page #2 - Council Minutes - 7/17/78
ORANGE COUNTY ANIMAL CONTROL CONTRACT - Approved and authorized execution of a con-
tract between the City and the County of Orange for animal control services through
June 30, 1979.
MINUTES - APPROVED
The Clerk presented minutes of the adjourned regular minutes of June 13, 1978 and
regular minutes of June 19, 20, and 26, 1978 which had peen removed from the consent
calendar for separate discussion. Councilman Pattinson stated that he would abstain
from voting since he had been absent from the meetings.
Councilwoman Bailey stated that she would abstain from voting on the minutes of June
19-, 1978 and referred to portions upon which she had queries. Mayor Pro Tempore
Siebert instructed the City Clerk to consider the recommendations of Councilwoman
Bailey.
On motion by Bailey, second MacAllister, Council approved the regular minutes of June
13, 1978 and the regular minutes of June 19, 20,.and 26, 1978 as written and on file
in the Office of the City Clerk, with Councilwoman Bailey abstaining from voting on
the regular minutes of June 19, 1978. The motion carried as follows:
AYES: Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Shenkman
ABSTAIN: Pattinson, (Bailey - 7/19/78 regular minutes only)
FINAL TRACT MAP 10179 - ALL OF TT 10179 - ROBERT E. JARRARD - NEGATIVE DECLARATION
7-95 - APPOVED
The Clerk presented a communication from the Planning Director relative to Final
Tract Map 10179, being all o f Tentative Tract 10179, for Council's consideration.
Councilman Thomas informed Council that together with the Planning Director, he had
reviewed street improvements and was concerned with the lack of final improvements on
many City streets. He stated that Councilman Siebert had accompanied him on another
occasion and he too was concerned that street improvements were not being followed
through. In his opinion, Councilman Thomas believed that the City was not rendering
adequate service in this area. The Uirector of Public Works responded by pointing
out that approval of the Final Tract Maps had no bearing on street improvements.
Discussion was held between Council and staff on the matter.
On motion by Pattinson, second MacAllister, Council approved Final Tract 10179, being
all of Tentative Tract•10179, es shown on Final Map 10179, pursuant to the mandatory
findings set forth in Section 66474 of the Government Code, on property located at
the southeast corner of Viewpoint Lane and Terry Drive, examined and certified by the
Director of Public Works and the Secretary to the Planning Commission as being.sub-
stantially in accordance with the tentative map as filed with, amended and approved
by the Planning Commission; approved Negative Declaration No. 77-95; accepted the
offer of dedication and improvement subject to requirements stipulated; Acreage: 2.7
acres; Zone: R2; Developer: Robert E. Jarrard, Huntington Beach; Deposit of fees
for water, sewer, drainage, engineering and inspections; Certificate of insurance;
Subdivision Agreement; The final map shall be recorded prior to expiration of Tenta-
tive -Tract 5813 on May 16, 1979; Payment of park and recreation fees, and further
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Page 3 - Council Minutes - 7/17/78
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, Siebert
NOES: None
ABSENT: Shenkman
FINAL TRACT 5813 - ALL OF TT 5813 - ROGERS ROUSSO AND ELKINS INC. - EIR N
NU. 74- 4 - APPROVED
The Clerk presented a communication from the Planning Director relative to
Final Tract Map 5813, being all of Tentative Tract 5813, for Council's con-
sideration.
Following discussion, a motion was made by Pattinson, seconded by MacAllister,
to approve Final Tract 5813, being all of Tentative Tract 5813, pursuant to
the mandatory finds set forth in Section 66474 of the Government Code, on
property located south of Pacific Coast Highway, approximately 130 ft. north of
Anderson Street, examined and certified by the Director of Public Works and
the Secretary to the Planning Commission as being substantially in accordance
with the tentative map as filed with, amended and approved by the Planning
Commission, Approve Environmental Impact Report No. 74-14; accept offer of
dedication and improvement subject to completion of the requirements as shown;
Acreage: 2.64 acres; Zone: R4 and C2; Developer: Rogers, Rousso & Elkins,
Inc., Los Angeles; Deposit of fees for water, sewer, drainage, engineering,
and inspections; Certificate of insurance; Subdivision Agreement; The final
map shall be recorded prior to expiration of Tentative Tract 5813 ors May 16,
1979; Payment of park and recreation fees, 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 aforemen-
tioned conditions have been met. The motion carried by the following vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Shenkman f
WARNER AVENUE BRIDGE REPLACEMENT - COOPERATIVE AGREEMENT - APPROVED
The Clerk presented a communication from the Director of Public Works stating
that the Warner Avenue Bridge over the Bolsa Bay is in need of replacement
and informing Council that the County of Orange has included replacement of
the Warner Avenue Bridge in their 1977-78 Fiscal Year bridge replacement pro-
gram.
Councilwoman Bailey inquired whether approval of the cooperative agreement
would involve any expenditure to the City; the communication did not indicate
what expense would be involved in the approach to the bridge, to which the
Page #4 - Council Minutes - 7j17/78
Director of Public Works responded that the cost to the City in this instance
would involve not more than $10,000. Councilwoman Bailey requested that the
minutes reflect that Council's approval of the cooperative agreement did hot,
involve any direct expense to the City.
On motion by Bailey, second Pattinson, Council approved and authorized execution
of a Cooperative Agreement between the City and the County of Orange for replace-
ment of the Warner Avenue Bridge over the Bolsa Bay. The motion carried by the
following vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Shenkman
PUBLIC HEARING - BUSINESS LICENSE REVOCATION - GOLDENWEST SPA
Mayor Pro Tempore Siebert announced that this was the°day and hour set for a
public hearing to determine whether or not the license and permit to conduct a
massage parlor business, dba Goldenwest Spa, 9891 Yorktown`Avenue,"'thould be
revoked.
The Clerk informed Council that all legal requi,rements.for,publicat.on, notifica-
tion and posting had been .met and that no communications or written protests
to the matter had been received.
Mayor Pro Tempore-Siebert declared the hearing open.
Joseph Radensky, attorney, addressed Council and stated that he was 'representing
Mr. Andong He requested that the public hearing be continued to August 7, 1978,
and informed Council that he had spoken with the Chief of Police who has no objec
tions to a continuance. The Chief of Police stated that according to Mr, Radensky,
the notice was received by Mr. Andong but that he had a probl'em-rea'ding in 1 glish.
The City Attorney stated that she had spoken with Mr. Radensky and explained the
method of notifying persons of a public hearing; the first provision being that
if unable to serve personally, the notice is left at the address with an adult
of capacity or put in the mail. She stated that it was her understanding that
the notice was put in the mail within the ten days, as required by law, but for
some reason, it went into the post office, but that the City code does'not require
certified mail, however, this was certified.
Mr: Radensky stated that his client had only received the notice on July 14, 1978
and to have made himself present at the hearing would have been a burden to him.
The City Clerk confirmed that the notice of public hearing had been iailed,`certified
and signed for by Mr. Andong when received.
The City Attorney recommended that certified mail no longer be used as a means of
notifying persons of public hearings, since the person 'being notifie& could conceivably
continue to refuse receipt.
Page #5 - Council Minutes - 7117178
Discussion was held between Council on whether the hearing should continue or
be deferred to the August 7, 1978 Council meeting.
A motion was made by Thomas, seconded by Siebert, to continue the public
hearing to the August 7, 1978 Council meeting. Further discussion was held
between Council on whether to continue the hearing. It was ascertained that
witnesses for the Police Department were not available for the hearing and
Mr. Radensky stated that he was grossly unprepared to represent his client at
this time. A vote was taken on the motion which -carried as follows:
AYES: Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: Pattinson
ABSENT: Shenkman
Councilman MacAllister stated that he was curious as to why staff had not
contacted the Police Department to ascertain that witnesses would be present,
to which the City Administrator responded that he would look into the matter.
Mr. Radensky agreed to waive formal notice of continuance of the public hearing
to the August 7, 1978 Council meeting.
ORAL COMMUNICATIONS
John J. Ryan, Manager, Public Affairs, Aminoil, addressed Council and on behalf
of Aminoil, urged Council to reconsider the recent ordinance and resolution
adopted pertaining to oil taxes. Mr. Ryan explained the impact of the oil tax
increses upon the company and pointed out that most employees are residents of
Huntington Beach. In conclusion, Mr. Ryan urged.Council to consider adopting
a resolution which would extend the effective date of the oil tax increases
from August 1, 1978 to October 1, 1978 in order that more time could be given
to studying the matter, and in the meantime, have the old tax rate apply.
Should Council not consider this suggestion, Mr. Ryan stated that Aminoil
would inevitably pursue another course of action
Nancy 8oxley Tepper, Attorney, Laguna dills, addressed Council and stated that
she represented Counsel for the Independent Oil Producers of Huntington Beach.
She addressed the problems which would face independent oil producers in the
City with imposition of the new oil tax increases, which she anticipated would
cause abandorxnent of many wells, which would not only create hardship to the
producers, but also the nation. In conclusion, Mrs. Tepper urged Council to
review the matter and take the opportunity to explore with the oil industry
the impact of these taxes. She believed that a 60 day delay would afford
Council the time to examine and analyze the impact of the oil tax increases.
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Jahn Teber , President of the Independent Oil Producers of Huntington Beach,
addressed Council and urged them to consider suggestions made by the two
previous speakers. He pointed out that the increased oil tax was especially
hard on small independent oil producers and in his opinion, the City would also
suffer should the wells be closed.
Page #6 - Council Minutes - 7/17/78
Robert Rasmussen, Chevron, U.S.A., La Habra, addressed Council and referred to a
letter from Chevron to Council dated July 14, 1978 and reminded Council of a few
points mentioned in the letter, which protested Ordinance No. 2298 and Resolution
No. 4633. In conclusion, Mr. Rasmussen urged Council to reconsider their action
in raising the oil tax fees. ;
v
Ph liss Salyer, Nice President, Sunshine pillage Homeowners Association, City,
addressed ouncil and stated that she was speaking on behalf of 81 households.
She stated that they wished to appeal the price.tag of $80.00 proposed for services.
She did not believe that there should be a price tag set upon emergency medical
services provided to citizens. Mayor Pro Tempore Siebert responded that the fee
had not been adopted and had only been suggested in the instance of intensive
care being adminstered by the Paramedics.
Clanc Yoder, City, addressed Council concerning the proposed fee for Paramedics.
She state that neighboring cities do not impose a fee for this service and she
was particularly concerned for senior -citizens, since they may not seek medical
help if they have to consider a cost involved which they cannot meet. In her opinion,
this fee would be discriminatory, especially since the Paramedic services are
shared with Fountain Valley residents. ,
u:
Ben Borcoman, City, addressed Council and made suggestions to Council with regard
to evy ng new taxes. He also inquired where the transfer tax fees imposed on home
buyers and sellers in the past was reflected in the budget. Mayor Pro Tempore
Siebert responded that Council had agreed at a prior meeting that the fees collected
would be returned, which would reduce the property.tax rate.
Ronald L. Muzz , City, addressed Council, and expressed concern for what he believed
to be the.rapid increase in the budget over the past year. He suggested that
adoption of the budget be delayed pending further public input. In his opinion,
the Planning Department should be deleted entirely from the budget.
Herbert M. Vau hn, City, addressed Council and stated that he is the owner of the
Top Mat Liquor Store in Huntington Beach. Mr. Vaughn stated that he was shocked
by charges of the brutality of the City's Police Department, which in his opinion,
were inconsistent with his personal observation and experience. Mr. Vaughn stated
neither he or any of his employees had ever witnessed physical.violence on the
part of the Police Department in any of the many arrests they had witnessed.
In conclusion, Mr. Vaughn stated that in his opinion, the Huntington Beach Police
Department was doing a tremendously good job with what they have to work with.
Gordon Offstein, City, addressed Council and stated his belief that as a result
of the Personnel Department's ineffectiveness, the City has been saddled with
many questionable law suits, in particular, the John O'Connor case. Mr. Offstein
stated that in the budget, one of the statements deals with the 'Merit' system
and how to apply it to staff, but he did not believe that this is being pursued.
He cited in particular the incidence where a City employee was promoted to a position
requiring a B.A. and two years experience and stated that in this instance, she
did not possess these qualifications and the only expertise this person had is at
the expense of the taxpayers; the $500 per course spent in sending her to school.
Mr. Offstein wondered how many qualified people had been by-passed in this instance
and stated that he knew of one person who had resigned as a consequence of this
action. Mr. Offstein referred to the practice of nepotism which he believes the
Personnel Department permits. He suggested that the City function without a
Personnel Department, with each Department running their own operation; re -organize
the Personnel Department so that it responds to the taxpayers and their elected
City Council, or hang out a "Do Not Disturb" sign and let things continue as at
present.
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Page #7 - Council Minutes - 7/17/78
Paul Allen Riggs, Fountain Valley resident, addressed Council and referred to Parcel
Map 8991. He requested Council's approval at this time, since all the paperwork would
have to be re -worked should it have to wait for the August 7, 1978 Council meeting.
Following discussion between Council, it was determined that no real hardship would result
should the item be placed on the August 7 Agenda, and it was generally agreed that this
was the proper procedure to follow. ✓
Edward 0. Causer, City, addressed Council and referred to an informal petition which had
listed 8 signatures of area residents on Newland Ctreet in Huntington Beach who want
the speed limit reduced from 40 and 45 m.p.h. to 25 m.p.h., from Heil Avenue to Pacific
Coast Highway. The petition also requested the Huntington Beach Police Department to
strictly enforce the 25 m.p.h. in a timely manner with radar, and further requested the
City Council to have the H.E.W. or County check the (DB) noise level on Newland Street
at each intersection from Heil Avenue to Pacific Coast Highway, which they believed to
be too great for human peace of mind, and because they believe Newland Street to be a threa
to children and personal property. Mr. Causer informed Council that he believed they
were responsible for the speed and noise in that area of Newland Street and cited one house
which had been struck three times, and also his own truck which had been hit in which
instance, the person was held but not cited. He also believed that real estate on Newland
Street is being discounted because of the noise and traffic.
Mayor Pro Tempore Siebert directed Mr. Causer to turn over the informal petition to the
City Clerk and proposed vehicle inspections in order to prevent muffler noise.
4'
Susan Osborn, City, President of the Huntington Beach/Fountain Valley Realtors addressed
Council and expressed concern regarding the proposed $80.00 user fee for the Paramedics.
In her opinion, if a person has to stop and think whether the call for Paramedics merits
the $80.00 expenditure, he may hesitate in which case the victim could conceivably die.
Mrs. Osborn stated that she had been told that local hospitals would be making the billing
for the Paramedics' services, which did not seem to her to be quite legal. She urged
Council to reconsider the matter. y.
Howard Subnick, City, addressed Council and expressed concern with what he considered
to be the order of priorities. He referred in particular to the 4th duly Parade, stating
that there was a greater need of the Police Department, Paramedics, etc. Mayor Pro Tempore
Siebert responded that the 4th July Parade was not budgeted for next year.
Robert C. Smith, City, addressed Council and informed them that he had been requested to
speak on behalf of Mr. Thomas Whaling. He referred to Agenda Item No. I-1 - Communication
from Thomas M. Whaling re: Complaint on Police Misconduct and his letter dated July 5
to Council in which he requested an open investigation be conducted by the City Council.
14r. Smith read the letter to Council.
Tro�teeee, Marina del Rey, Attorney for the Huntington Beach Police Officers' Association,
addressed Council and stated his concern regarding the number of complaints and allegations
made against the Huntington Beach Police Department. He stated that it was easy to come
before Council and make allegations when no requirement was made to substantiate the claims
and urged Council to do what is proper in the circumstances. In his opinion, this is
not the appropriate way of handling complaints, which, he stated, reflects on the entire
Police Department. J
Chalmer Wire, City, addressed Council regarding proposed fees for Paramedic -services in
Me City, and made various suggestions to Council. lie also commended the Police Department
for their handling of the 4th July Parade.
is"Ir
Page #8 - Council Minutes - 7/17/73
Robert Jarrard, City, addressed Council and expressed concern regarding the Community
Enrichment Fee which he believed had been imposed without due process. Mr. Jarrard
gave reasons for his opinion and offered suggestions for Council's consideration.
v' , _ .. V
Steve Kane, City, addressed Council and stated that he was speaking on behalf
of TTm—s—eTTand the Senior Citizens in the City. He spoke regarding the police
brutality hearing and meetings on the budget expressing his disapproval of Council
actions. In conclusion, Mr. Kane expressed concern with regard to the proposed
$80 fee for paramedic services.
Lillian Marketuck addressed Council and stated that she lives in the Huntington
by -the -Sea ile homes and had it not been for paramedic services, she would
have died. She referred to the tornado which had hit the mobile homes last year
and commended the City for the help they had given at that time. Mrs. Marketuck
referred to a parcel of property on a corner of Newland Street where there is
a parking fee of $1.00 being charged. Since the City pays taxes for road services,
etc. she wondered whether the City was entitled to some return on the revenue made,
The Planning Director explained the situation. Mrs. Marketuck also referred to
traffic and speeding on Newland Street and the poor accessibility to the mobile
homes
V.
Susan Smith, City, addressed Council and expressed concern regarding the proposed
charge for Paramedic services. She believed the service should be free of charge
to citizens and gave reasons for her belief. In her opinion, there should be
no cuts made to the Fire Department services and time Police Department.
J
B. G. Williams, builder and oil developer in the City, addressed Council and
stated that he concurred with comments made by Robert Jarrard with regard to oil
taxes. He stated that he operates eight oil wells within the City and predicts.
that two of them will be closed down if the tank tax is imposed. In conclusion,
he urged Council to reconsider both the Natural Resources Fee and the Community
Enrichment Fee.
RESOLUTIONS ADOPTED
On motion byy MacAllister, second Thomas, Council directed the Clerk to read
Pesolution los 4635 and 4636 by title; waived further reading and adopted same
by the following roll call vote:
AYES: Pattinson, Vhfomas, MacAllister, Bailey, landic, Siebert
NOES: None
ABSENT: Shenkman
RES NO 4635 - ADOPTED - FACT FINDING COMMITTEE V,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CREATING A
FACT FINDING COMMITTEE AND ESTABLISHING ITS DUTIES."
If
RES NO. 4636 - ADOPTED - 30 DAY EXTENSION OF MEMORANDUM OF UNDERSTANDING -
HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIAM—N -T—_�_
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING THE
EXISTING MEMORANDUM OF UNDERSTANDING FOR THIRTY DAYS WITH THE HUNTINGTON BEACH
MUNICIPAL EMPLOYEES' ASSOCIATION."
Page #9 - Council Minutes - 7/17/78
RES NO 4637 - ADOPTED - REVISION OF APPROPRIATIONS FOR FISCAL YEAR 1977-78
The Clerk presented Resolution No. 4637 for separate consideration and referred to a
communication from the Director of Finance.
Councilwoman Bailey stated that she was confused regarding the transfer of funds, to
which the Director of Finance responded. Discussion was held between Council on the
$10,000 back -pay to be given to John O'Connor. Councilman Pattinson stated that he
would vote against the resolution since he did not agree with the settlement.
•1
Following a reading by title, a motion was made by Bailey, seconded Mandic, to waive
further reading of Resolution No. 4637 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE REVISIONS OF APPROPRIATIONS FOR THE FISCAL YEAR 1977-1978
The motion carried unanimously.
On motion by Bailey, second MacAllister, Council adopted Resolution No. 4637 by the
following roll call vote:
AYES: Thomas, Bailey, Mandic, Siebert
NOES: Pattinson, MacAllister
ABSENT: Shenkman '
STATE SURPLUS PROPERTY/PCH AND BEACH{ BLVD - PURCHASE OF PROPERTY DISAPPROVEU
The City Administrator referred to his transmittal dated duly 6 in which he referred
to a memorandum from the Director of Harbors and Beaches suggesting the purchase
of a surplus lot south of the Huntington Beach Inn from the State at an approximate
cost of $800,000 for use as a beachparking lot, with the funds being derived from
the Parking Authority.
The City Administrator informed Council that they should make a decision on whether
or not to purchase the lot, since the first right of refusal had been extended to
the City by the State.
Councilman Pattinson did not believe the City should continue to be involved in
the purchase of property. Councilman MacAllister stated that he disagreed and in
his opinion, this 'key' piece of property could be well utilized. He gave reasons
why he was in favor of the purchase.
Councilwoman Bailey stated her belief that a parking lot would 'not be a good use of
the property and did not favor the purchase by the City of any more land.
Mayor Pro Tempore Siebert stated that he was not in favor of the City purchasing
the property and did not believe they should involve. themselves in the 'land business'.
On motion by Siebert, second Bailey, Council directed the City Administrator to
inform the State that the City was not interested in purchase of the surplus
property located at Pacific Coast Highway and Beach Boulevard. The motion carried
by the following roll call vote:
AYES: Pattinson, Thomas, Bailey, Mandic, Siebert
NOES: MacAllister
ABSENT: Shenkman
Page #10- Council Minutes - 7/17/78
REAL PROPERTY AGENT CONTRACT - ACTION DEFERRED
The City Administrator referred to his transmittal dated July 13, 1978 regarding
the professional services contract between the City and Charles B. Davis. He
requested that the matte be deferred at this time.
POLICE LEGAL ADVISOR CONTRACT - ACTION DEFERRED
The City Administrator referred to an Agenda item which referred to a transmittal
from the Police Department regarding a Police Legal Advisor Contract between
the City and William B. Sage. He requested that the matter be deferred at this
time.
LOCAL COASTAL PROGRAM - TABLED
The City Administrator referred to his transmittal of July 13, 1978 in which
he had enclosed a request for Council action relating to the City's Local Coastal
Program. He also referred to a transmittal from the Planning Commission stating
that a number of development projects have been submitted to the City for
processing and if approved, may have a prejudicial impact on the contents of the
Local Coastal Program. The Planning Commission felt that a clearly delineated
City Council policy is necessary to provide guidance in the processing of these
projects.
Following considerable discussion on the matter, a motion was made by Bailey,
seconded by Mandic, to adopt a policy which indicates that projects having a
prejudicial impact onthe preparation of the Local Coastal Program shall be denied
on the basis of the prejudicial impact until the Local Coastal Program is completed
and certified; and direct the Planning Commission to formulate a procedure for
determining prejudicial impact on the Local Coastal Program.
Discussion was held between Councilman Pattinson and Councilwoman Bailey regarding
the definition of 'prejudicial', following which Councilwoman Bailey withdrew her
motion and Councilman Mandic withdrew his second to the motion, and requested that
the matter be brought back at another meeting when it could be looked into more
thoroughly.
A motion was made by Pattinson, seconded by Thomas, to table the matter on the basis of
prejudicial impact. The motion carried as follows:
AYES: Pattinson, Thomas, MacAllister, Siebert
NOES: Bailey, Mandic
ABSENT: Shenkman
BOLSA CHICA LINEAR REGIONAL PARK - RES NO 4639 - ADOPTED
The City Administrator referred to his transmittal dated July 13 in which he
informed Council that at the request of Councilwoman Bailey and Councilman Mandic
he had prepared a resolution reaffirming the City's support of the Bolsa Chica
Linear Regional Park.
Councilman Mandic referred to a recent meeting
County and confirmed that they are in favor of
Councilman MacAllister confirmed that the City
said in the past. Councilman Pattinson stated
of Proposition 13, the State would not be in a
with the Planning Director and the
a linear park in the Bolsa Chica.
is merely re -stating what they have
his concern that with the approval
position to do what they had planned
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Page #11 - Council Minutes - 7/17/78 CORRECTED PAGE
since funds might not be available. Councilman Mandic belied that it was a good idea
to develop the highlands as a park area along the bluff from the City's Central Park to
Pacific Coast Highway. Councilwoman Bailey stated that communication had been a problem
with the Orange County Board of Supervisors and the County and support of the Resolution
would reconfirm the City's support. She suggested that a letter be sent to the Orange
County Board of Supervisors reconfirming the City's position. Councilman Thomas stated
that he would vote against approval of the proposed park; he was in favor of retaining
the Bolsa Chica marshlands. In his opinion, the City has enough parks and to strip the
highlands to make more parks would not be beneficial to the City. Councilman MacAllister
stated that since the primary area was unbuildabie, this would be a good usage and he
would support the resolution.
The Clerk was directed to give Resolution No. 4639 a reading by title - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REAFFIRMING SUPPORT FOR THE BOLSA CHICA
LINEAR REGIONAL PARK AND URGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO REBUDGET THE
TWO MILLION DOLLARS ORIGINALLY ALLOCATED FOR THE PARK."
On motion by Mandic, second Bailey, Council waived further reading of Resolution No. 4639
by unanimous vote.
On motion by Mandic, second Bailey, Council adopted Resolution No. 4639 by the following
roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: Thomas ✓
ABSENT: Shenkman
IMPLEMENTATION OF TRANSFER IN OIL FIELD DEPARTMENT. ENFORCEMENT - (CA 78-42)
The City Administrator referred to his transmittal regarding implementation of°the
transfer in the Oil Field Department and stated that his recommendations outlined -in the
transmittal recommending that Council approve same in concept and direct the City Adminis-
trator and the City Attorney's office 4.o work with the affected departments and draft all
of the necessary ordinance changes necessary to accomplish these changes be approved. He
elaborated by saying now that the oil field operations have been transferred from the
Building Department and other duties to the Planning Department, it will be necessary to
change the zoning ordinance to allow these to be undertaken. He requested Council
approval of the recommendations to direct the City Administrator and the City Attorney's
office to work with the affected departments and draft the necessary ordinances which
will accomplish these changes and be brought before Council for final approval.
The City Administrator also requested Council to direct the City Attorney's office to.,
prepare the appropriate 'findings' and ordinance to require them to review all drilling
activation and oil field recovery permits, while the procedural changes are being developed.
Councilman MacAllister stated that in his opinion these items were administrative :and
direction and goals had been given to staff to carry out. He believed that Council should
not become involved in acting in the capacity of 'administrators'. Councilman Pattinson
concurred with these remarks, adding that he was not present when the action was .insti-
gated and was not in favor of pursuing it. He gave reasons for his opinion. Councilman
Thomas gave reasons why he believed the proposed action was necessary.
A motion was made by Thomas, seconded by Siebert, to approve these recommendations 'in
concept and direct the City Administrator and City Attorney's Office to work wi.th'the
affected departments and draft all the ordinance changes necessary to accompli.srh these
changes and bring them back to Council as soon as is feasibly possible for City touricil.'s
adoption; further directed the City Attorney's office to prepare the appropriate findings
and ordinance to require the City Council to review all drilling, reworking, activation
and oil field recovery permits with the procedural changes being developed. The motion.
carried by the following vote:
AYES: Thomas, Bailey, Mandic, Siebert
NOES: Pattinson, MacAllister 191.
�R GAT . C4nnLman .
Page #12 - Council Minutes - 7/17/78 V
ENFORCEMENT IN THE OIL FIELDS
The City Administrator referred to a transmittal from the Planning Department,
recommending enforcement in the oil fields and suggesting that at the present time,
the Building Director designate responsible individuals and the Fire and Planning
Departments administer the provisions of the Oil Code.
The City Administrator informed Council that he had today received a communication
from the Building Director in keeping with Council action on transfer of this
operation into the Fire Department, with the Director of Planning, Environmental
Resources and the Fire Chief to be designated officers of the City to enforce
provisions of Title 15 of the Municipal Code. He urged Council to endorse this
action in order that it might be official during the interim period.
A motion was made by Thomas, seconded by Siebert to endorse the Adminstrator's
recommendation during the interim period.
The motion carried by the following vote:
AYES: Thomas, Bailey, Mandic, Siebert
NOES: Pattinson, MacAllister ,%
ABSENT: Shenkman V/
REPORT ON CITY OWNED PROPERTY - DOWNTOWN REDEVELOPMENT AREA - PROPOSED PARKING
The City Adminstrator referred to a communication from the Director of Harbors
and Beaches responding to Council's direction concerning development of City -
owned property into a parking facility. Should Council concur with the proposal;
the City Adminstrator suggested that Plan I be adopted, which is estimated to
cost $35,500. The cost of the project would come from the contingency fund.
He expressed concern that it would take between four to six years to amortize
the investment. Considerable discussion was held between Council on the matter.
A motion Atas made by Thomas to approve Plan I. The motion died for lack of a
second.
Following further discussion by Council, a motion was made by MacAllister, seconded
by Siebert, to adopt Plan II, which specifies a short term parking facility for.
a period of three years - asphalting, stripping, redwood planters, limited landscaping,
sprinklers and lighting; said lot to contain seventy spaces, all work to be.done
by City forces; with completion in six months due to coastal permit requirements;
Construction - $4,000; Lighting - $2,500; Landscaping (sprinklers - $2,500);
Parking Bumpers - $600; Parking Meters - $10,075; Total - $19,657.
The motion failed by the following roll call vote:
AYES: Thomas, MacAllister
NOES: Pattinson, Bailey, Mandic, Siebert
ABSENT: Shenkman
Councilman Pattinson suggested that the matter be referred back to the City
Administrator, to be brought back before Council as possibly 'Surplus Property'.
Discussion was held between Council and the City Administrator on the matter.
J
MEMBERSHIP IN THE NATIONAL LEAGUE OF CITIES
The City Administrator referred to his transmittal regarding the advantages and
disadvantages of the City retaining membership in the National League of Cities.
A motion was made by Pattinson, second by MacAllister, that the City retain
. 19,4nembership in the National League of Cities. Considerable discussion was
f�
Page #13 - Council Minutes - 7/17/78
held between Council on the matter, with only Councilman Pattinson and MacAllister
favoring membership in the League. The motion failed by the following vote.
AYES:.. Pattinson, MacAllister
NOES: Thomas Bailey, Mandic, Siebert
ABSENT: Shenkman
'MANAGEMENT-5UDITS - ACTION DEFERRED
The City Administrator referred to his transmittal regarding copies of the Public
Works and Library Departments' management audits conducted by Booz-Allen &
Hamilton, together with responses from the Director of Public Works and Library
Director. The Police Department's final audit, he informed Council in the trans-
mittal, would be forthcoming next week and would be transmitted to Council at
that time.
A meeting was suggested by the City Administrator.in the near future, with
Council and the management audit firm and concerned departments in order to re-
view the audits and consider recommendations made by Booz-Allen & Hamilton.
Mayor Pro Tempore Siebert suggested that Council wait until all summer vacations
are.over in order to review the audits.
RECESS - RECONVENE
Mayor Pro Tempore Siebert called a recess of.Co until at.,10:27 P.M., which he re-
convened at 10:35 P,M:.'
OIL ORDINANCE - DELINQUENCY DATE URGENCY ORDINANCE -FAILED
The City Administrator referred to his transmittal stating he had directed the City
Attorney to prepare proper .resolutions and ordinances.on the agreed upon revenue -
producing fees and charges which Council had authorized.
A motion was made by Pattinson, seconded by Bailey to impose a moratorium on
new taxes for a period of 60 days by the adoption of Urgency Ordinance No. 2300.
Councilman Pattinson stated that he had not been present when Council had approved
the Oil and'the Community Enrichment tax increases, and was not in favor of this action.
The City Attorney suggested.that the penalty phase be taken away from the present
time, citing a provision which.would make it delinquent. She referred to a 30
day grace period; which could be extended to 60 or 90 days in order to preserve
the currently adopted ordinances. Councilman Pattinson stated that he did not be-
lieve these were 'user fees".
A motion was made by Pattinson, seconded by Bailey, to amend the previous motion
to extend the period of time upon which the penalty is to be enacted to 60 days,
and that time be taken to discuss the matter with the oil representatives and
developers. The motion to amend and second were withdrawn.
Foil -lowing discussion, Councilman Pattinson amended his prior motion to read:
"To extend the period of time upon which the penalty is to be enacted to October
1, 1978." Councilwoman Bailey seconded the amended motion. Councilwoman Bailey
stated that she believed that 45 days was enough time to extend the waiver to
penalty. The motion to amend and second were withdrawn. Councilman Pattinson
amended his motion to read: "To extend the period of time upon which the penalty
is;to be enacted'to September 15, 1978. Councilwoman Bailey seconded the amended acts
Page #14 - Council Minutes - 7/17/78
Councilman MacAllister inquired whether the enactment of this motion would impact
the budget, to which the City Administrator responded that any decision made upon the
budget, because of extended time involving fees, would affect it; it would have to be
re-evaluated.
Considerable discussion was held between Council and staff on the best ways of handling
the matter.
On motion by Bailey, second Thomas, the matter extending the penalty period to September
15, 1978, was tabled.
The motion to table carried by the following vote:
AYES: Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: Pattinson
ABSENT: Shenkman
Following a reading in full, a motion was made by Mandic, seconded by MacAllister, to
adopt Ordinance No. 2300 - "AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDIi+iG
SECTION 5.32.040 OF THE HUNTINGTON BEACH MUNICIPAL CODE POSTPONING DELINQUENCY DATE BASE
ANNUAL FEES TO SEPTEMBER 1, 1978." Councilman Pattinson inquired how the ordinance became
an Emergency Ordinance. Discussion was held following which, Bob Sangster, attorney,
addressed the matter of waiving the fees and stated that the only way of delaying the
basic due date was to enact a subsequent emergency ordinance to whatever time Council
deemed appropriate.
Councilman Pattinson stated his belief that the whole procedure was illegal because in his
opinion, there was no real 'emergency'. Councilwoman Bailey stated that she would like to
defer the matter for two weeks before making a decision. Due to the lack of the five
votes required by Charter for adoption of an urgency ordinance, the motion failed by the
following roll call vote:
AYES: Pattinson, MacAllister, Mandic, Siebert
NOES: Thomas, Bailey
ABSENT: Shenkman
RESOLUTION NU 4638 - BUDGET FOR THE CITY - FISCAL YEAR 1978-79
The City Administrator referred to his transmittal to which Resolution No. 4638 was attached
adopting the FY 1978-79 Budget in the amount of $57,249,459 and stated that of that amount,
$32,546.734 is General Fund monies which Council had tentatively adopted July 12, 1978 at
the Budget Retreat.
Councilman MacAllister stated that he was ready at this time to adopt the final budget,
commenting on the many hours spent in developing it. He reminded Council that this was a
'lfving budget' by which Council could increase or decrease as necessary by transferring
reserve funds, making several comments on the budget.
Councilwoman Bailey stated that she was not in favor of voting upon the budget at this
time and informed Council that the reason she could not justify voting was because costs
had been shifted, some of which she believed were not necessary. She made several sugges-
tions to Council concerning the budget.
Councilman Pattinson stated his belief that the budget should be adopted at this time and
gave reasons for his belief.
Councilman Mandic stated that Council had requested input with reference to user fees
which was not available, and was not in favor of adopting the budget as it is. He stated
Ahat hQ would first like to go through a management audit and through staff for further
frectlon. 1°
Page #15 - Council Minutes - 7/17/78
Mayor Pro Tempore Siebert stated that he was concerned that Council did not know
what the projected revenue from taxes would be; had no idea what revenue would be
left over from the current fiscal year, and no idea exactly where and how the
State money is to be spent, if at all, He stated that he was unwilling to approve
any user fees which were not necessary.
A motion was made by Pattinson, seconded by MacAllister,rto adopt the budget, as
presented.
Councilmen Pattinson and MacAllister gave reasons why they believed the budget
should be adapted at this time. The motion failed by the following roll call vote:
AYES: Pattinson, MacAllister
NOES: Thomas, Bailey.4andic, Siebert
ABSENT: Shenkman
A motion was made by Siebert, seconded by Bailey, to extend_ the Interim Budget for
a period of 30 days and that the moratorium on lay offs be extended 30 days. The
motion failed by the following vote:
AYES: Bailey, Mandic, Siebert
NOES: Pattinson, Thomas, MacAllister
ABSENT: Shenkman
The City Administrator stated.that the Interim Budget would be effective until
July 29, 1978. He inquired as to exactly when staff was to present reorganization
and it was determined that it vr, be 45 days from July 13, 1978.
A motion was made by MacAllister, seconded by Pattinson, to adopt the Interim
Budget, as in effect.
The City Attorney stated that Resolution No. 4631 was adopted with the intention
that it could be modified and did not see where it stops in thirty days; it merely
stipulates that there is a moratorium of 30 days on personnel layoffs.
A motion was made by Mandic, seconded by Bailey, to extend the lay-off moratorium
for another 30 days.
The City Attorney clarified that the extension of lay-off would apply from duly 29,
1978.
A vote was taken on the motion which failed by the following vote:
AYES: Bailey, Mandic, Siebert
NOES: Pattinson, Thomas, MacAllister
ABSENT: Shenkman
A motion was made by Pattinson, seconded by MacAllister, to adopt the proposed 1978/
78 budget, less one dollar.
The motion failed by the following vote:
AYES: Pattinson, MacAllister
NOES: Thomas, Bailey, Mandic, Siebert
ABSENT: Shenkman
19
Page #16 - Council Minutes - 7/17/78
Councilwoman Bailey stated that she was concerned that two week's notice must
be given to employees before layoff. It was established that the two weeks'
notice would apply after July 29, 1978. f
COMMUNICATION FROt4 THOMAS M. WHALING RE: COMPLAINTS ON POLICE MISCONDUCT
The City Administrator referred to a communication from Thomas W. Whaling,
Attorney at Law, regarding his complaints on Police'misconduct.
Councilman Pattinson stated that he believed that allegations of misconduct
by the Police Department should be filed with the Police Department. The
Chief of Police addressed Council regarding the intent of Mr. Whaling,
suggesting that he had been generating business through matters of this nature.
In his opinion, Mr. Whaling should present such matters to the courts and not
make a 'circus' out of the Council Chambers. He further stated that he had
listened to tapes made by Mr. Smith in which he alleged that his client's
rights had been violated during an arrest and that he would be responding to
that allegation, which would be presented to Council. The Chief of Police
informed Council that the Police Department has been subjected to a great
deal of criticism and as a consequence, were experiencing a problem in retain-
ing employees and giving them reasons to want to work for the community, and
did not appreciate people continually appearing before Council with complaints
and never saying anything good.
Councilman Pattinson stated that he did not believe the accusations made belonged
before Council and suggested that they should have been made to the Police Depart-
ment or the City Attorney. Discussion was held on the matter by Council.
ORDINANCES FOR ADOPTION
On motion by Pattinson, second Bailey, Council directed the Clerk to read Ordinance
No. 2294 and 2296 by title and waived fu�ther reading unanimously.
ORD NO 2294 - ADOPTED - PARKING OF VEHICLES FOR SALE
"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."
Councilman MacAllister expressed.concern with regard to adopting the ordinance -since
he believed that an owner can place a 'for sale' sign in his car window and
drive around the City, parking and utilizing the car until it is sold. He did
not believe the City had the right to restrict this action on the part of in-
dividuals and in his opinion, there would be many difficulties in enforcing the
ordinance. The City Attorney concurred_ in the incidence referred to by Councilman
MacAllister, the ordinance-would.apply. CounciTman Thomas believed that.the ordinance
would, of necessity, remain as it is.
On motion by Pattinson, seconded Bailey, Council adopted Ordinance No. 2294 by
the following roll call vote:
AYES: Pattinson, Thomas, Bailey, Siebert
NOES: MacAllister
ABSTAIN: Mandic
ABSENT: Shenkman
196
Corrected'Page
Page #17 - Council Minutes - 7/17/78
ORD NO 2296 - ADOPTED - ZONE CASE 78-9 WARNER!"A" STREET
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9061 THCREOF TO PROVIDE FOR CHANGE OF ZONING
FROM MEDIUM! DENSITY RESIDENTIAL TO HIGHWAY COMMERCIAL DISTRICT ON REAL PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF WARNER AVENUE AND "A" STREET (ZONE CASE NO.
78-9)." On motion by Pattinson, second Bailey, Council adopted Ordinance No.
2296 by -the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Shenkman
RES NO 4643 _ ADOPTED-- CURTAILMENT OF DUMPING - BOLSA CHICA
The City Attorney referred to a resolution which Council had requested be prepared
for the County of Orange to curtail the dumping of oil in the Bolsa Chica. She
informed Council that Attorney John O'Connor had notified the appropriate County
officials that the City was taking action in advising those who were dumping in
the Bolsa Chicas. Discussion was held on the intent of the Resolution.
The Clerk was directed to give Resolution No. 4643 a reading by title - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE
COUNTY OF ORANGE TO TAKE APPROPRIATE ACTION TO CURTAIL DUMPING OF OIL OPER-
ATIONS RESIDUE IN THE BOLSA CHICA.
On motion by Pattinson, second MacAllister, Council waived further reading of
Resolution No. 4643 and adopted same by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Shenkman
STEVERSON MUD DUMP - ACTION DEFERRED TO 8 7/78
The City Attorney referred to a report on the Steverson Mud Dump which stated that
there had been considerable material generated on the subject of a 'public nuisance'
and informed Council that the City Attorney's office is continuing to look into legal
alternatives, such as amortization of the mud dump and are awaiting finalization
analysis of the public hearing data, which will be transcribed and presented to Council.
Referring to an ordinance which Council had directed be prepared prohibiting the
dumping of material in the area of Magnolia Street and Adams Avenue. Mrs. Hutton
informed Council that this had been prepared. However, an Emergency Ordinance was
not possible since the situation did not meet the necessary criteria, upon which she
elaborated. She further informed Council that the City Attorney's office was
seriously concerned that any ordinance be enacted upon in this instance, even within
199
Page #18 - Council Minutes - 7/17/78
30 days in order to halt the dumping. Such an ordinance would raise questions
of potential condemnation, exposing the City to liability for divestiture of
property rights of the owner to make use of his property in some manner. She
urged Council not to adopt such an ordinance but permit her office to provide
them with proposed findings of fact at the August 7 Council meeting. Councilman
MacAllister informed Council that he would not be available for the August 7
meeting, therefore, he was stating at this time that he did not favor the pro-
posed ordinance, but would support the City Attorney's suggestion. Councilman
Indic pointed out that the mud dum was west of Magnolia, and not east, as
specified.
CONTRACTS EXTENDED FOR 60 DAYS - POLICE LEGAL ADVISOR & REAL PROPERTY AGENT
The City Attorney referred to her memorandum recommending extension of the
existing contracts of the Police Legal Advisor and Real Property Agent for 60
days in order to ascertain that the contracts conform to State Law.
A motion was made by MacAllister, seconded by Pattinson, to continue the contracts
of the Police Legal Advisor and the Real Property Agent for 60 days. The motion
carried by the following vote:
AYES: Pattinson, MacAllister, Mandic, Siebert
NOES: Thomas, Bailey
ABSENT: Shenkman
ELIMINATION OF PERSONNEL
The Assistant City Administrator referred to the $27,000,000 budget adopted by
Council, which he stated would call for the elimination of personnel this month,
and expressed concern that this action would not be in the spirit of SB 154,
thereby jeopardizing funds, since layoffs would be called for in the Police and
Fire Departments. He urged Council �o consider .the matter.
APPOINTMENTS TO THE H.B. FACT FINDING COMMITTEE - APPROVED
The Assistant City Administrator referred to the Mayor's transmittal which re-
ferred to the following names for appointment to the Huntington Beach Fact Finding
Committee, which had been submitted by Council: halter Scott, Don Buckland,
Tony Amador, Sally Tunstall, Peter VonElten, Ella Christensen, and Grace Winchell.
On motion by Pattinson, second Bailey, Council approved the appointments to the
Huntington Beach Fact Finding Committee. The motion carried unanimously.
FOURTH OF JULY PARADE - MEETING TO BE SCHEDULED WITH SPECIAL EVENTS COMMITTEE
FM tirrwr VEASIF 55FRAHATTAm
Mayor Pro Tempore Siebert inquired whether any
in meeting with the Special Events Committee,
year's Fourth of July Parade at no cost to the
that he would be available.
CITY CHARTER
other Council members were interested
in an effort to make plans for next
taxpayer. Councilman Thomas stated
Mayor Pro Tempore Siebert referred to the new City Charter. ThfCity Clerk informed
Council of the procedures necessary before the new Charter is led by the Secretary
of State.
r 1
,_ 9
Page #19 - Council Minutes - 7117/78
CITY'S COMMITMENT REGARDING PROPERTY LEASED FROM H.B. CO - TO BE STUDIED
Mayor Pro Tempore Siebert informed Council that it had been brought to his attention
that on two pieces of property which the City leases from the Huntington Beach Company
(Reservoir Hill and the parking lot for the old corporate yard near Lake Park), the
City had not only paid the rent but also the property taxes. He requested the Assist-
ant City Administrator to look into the matter and report back to Council.
OIL AND COMMUNITY ENRICHMENT FEE ✓
Councilman Pattinson, who had been absent when action was taken on the ordinance to
increase the 0il and Community Enrichment fees, inquired by what criteria the City
Attorney had deemed these to be 'Emergency' ordinances, since he did not see a
threat to the health, safety and welfare of the community. The City Attorney respond-
ed and agreed to give a written report to Council on the matter. Councilman Pattinson
expressed concern that this action could possibly bring suit against the City.
LIBRARY FEE - RECONSIDERATION OF COUNCIL ACTION - DENIED #1
Councilwoman Bailey requested Council to reconsider action taken previously which
put the Library Budget into the General Fund, in lieu of the Community Enrichment
Fee. She believed this action was premature.
The Assistant City Administrator agreed that the matter should be rectified. A
motion was made by Bailey to reconsider Council action with regard to the Library
budget being placed in the General Fund. The motion died for lack of a second.
RANCHO VIEW PEDESTRIAN BRIDGE - TO TBE_RECONSIDERED „AT THE 8/7/78 COUNCIL MEETING
Councilman Thomas informed Council that he would like them to reconsider removal
of the.Rancho View Pedestrian Bridge.
A motion was made by Thomas, seconded by Mandic, that Council reconsider at the
August 7, 1978 Council meeting, prior action taken to proceed with steps to remove the
pedestrian Bridge. The motion carried by the following roll call vote:
AYES: Thomas, Bailey, Mandic, Siebert
NOES: Pattinson, MacAllister
ABSENT: Shenkman
LAY OFFS EXTENnED 30 DAYS
Councilman Thomas stated that he would like Council to reconsider a motion that failed
made earlier in the evening, extending lay offs for thirty days.
A motion was made by Thomas, seconded by Mandic, to place a 30 day extension on
lay-offs. The motion carried by the following roll call vote:
AYES: Thomas, Bailey, Mandic, Siebert
NOES: MacAllister
ABSENT: Pattinson, Shenkman
CERTIFIED MAIL
Councilman Thomas requested the City Attorney to draft an ordinance whereby the City
notifies citizens by certified mail, giving reasons why he believed this to be a
proper procedure. The City Attorney stated that she would draft the ordinance and
Page #20 - Council Minutes - 7/17/78
would provide Council with a report as to some of the problems in providing this
type of notification. Mayor Pro Tempore Siebert directed the City Attorney to
explore the matter and preset her recommendations to Council.
MAIN STREET SEWER LINE - TO BE RECONSIDERED BY $/7/78 COUNCIL MEETING
Councilman Thomas requested Council to reconsider -action taken on the Main Street
Sewer Line at the August 7, 1978 Council meeting. A motion was made by Thomas,
seconded by Bailey, that Council reconsider action taken on the Main Street
Sewer Line at the August 7 Council meeting. The motion carried by the following
vote:
AYES: Thomas, Bailey, Mandic, Siebert
DOES: Pattinson, MacAllister
ABSENT: Shenkman
USER FEES AND PARKING FEES
Councilman MacAllister requested clarification with regard to user fees and
parking fees, expressing concern that the increased fees were not being imposed,
therefore losing potential revenue to the City.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Mayor Pro Tempore Siebert announced that Mr. Nelson, Chairman of the Equal
Employment Opportunity Commission was available to answer questions with regard
to expansion of the commission from five to seven members.
RESOLUTION NOS 4640, 4641 AND 4642 - FAILED
The Assistant City Administrator informed Council that there were some reso-
lutions upon which Council should tyke action, which he read by title as follows:
RES NO 4640 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISH PARKING METER ZONES, PRESCRIBING THE PARKING TIME ALLOWED IN SUCH
TONES, THE HOURS DURING WHICH SUCH DEPOSITS ARE REQUIRED, AS PERMITTED BY
CHAPTER 10.60 OF THE HUNTINGTYN BEACH MUNICIPf L COD�."
RES NO 4641 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ES ABLISHING FEE PROCEDURE AND FEES REGARDING BEACH OVERNIGHT CAMPING FACILITY
AND REPEALING RESOLUTION NO 4683." „
RES NO 4642 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
MABLISHING PARKING FEES IN THE MUNICIPAL OFF-STREET PARKING FACILITY, AND
REPEALING RESOLUTION NO 4384."
On motion by MacAllister, second Pattinson, Council waived further reading of
Resolution Nos. 4640, 4641 and 4642. The motion carried unanimously.
A motion was made by Pattinson, seconded by MacAllister, to adopt Resolution
Nos. 4640, 4641, 4642 which failed by the fallowing roll call vote:
AYES: Pattinson, MacAllister, Mandic
NOES: Thomas, Bailey, Siebert
ABSENT: Shenkman
e
Page #21 - Council Minutes - 7/17/78 �
ORD CVO 2301 - ANNUAL PERMIT IN LIEU OF HOURLY PARKING FEE - FIRST READING
The Assistant City Administrator presented Ordinance No. 2301 for Council's consider-
ation, which he read by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENU-
ING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIO14 10.68.120 PERTAINING TO
ANNUAL PERMIT IN LIEU OF HOURLY PARKING FEE."
On motion by Pattinson, second MacAllister, Council waived further reading of
Ordinance No. 2301 unanimously.'
PROFESSIONAL SERVICES AGREEMENT - COMPUTERIZED T WISPORTATION D€MAKU MODEL. -
The Assistant City Administrator referred to a transmittal from the Planning Cepart-
ment of an agreement between the City and PBQ & D., Inc., to develop the transporta-
tion demand model for the City for a maximum fee of $40,935.
On motion by Pattinson, second Thomas, Council approved an agreement between the City
and PBQ & D., Inc. and authorized the Mayor and the City Clerk to execute said agree-
ment. The motion carried by the following vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: Thomas
ABSENT: Shenkman V,
AMENDMENT TO SAKIOKA ONE YEAR FARMING LEASE - YORKTOWN PARK SITE - APPROVED
The Assistant City Administrator referred to a transmittal from the Recreation and
Parks Department informing Council of a request by Roy Sakioka, Inc., to extend his
recently approved farm lease of a five -acre portion of Yorktown Park to the additional
four -acre parcel south and adjacent to his leased property at the same rental rate of
$300 per acre.
A motion by Pattinson, second Siebert, Council approved and authorized execution of
an amendment to the existing lease between the City and Roy Sakioka, Inc., to allow
him to farm an additional four acres of the City -owned Yorktown Park for one.year.
The motion carried by the following vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: Thomas
ABSENT: Shenkman
ADJOURNMENT
On motion by Pattinson, second Mandic, the regular meeting of the City Council of the
City of Huntington Beach was adjourned to August 7, 1978 at 7:00 P.M. in the Council
Chamber. The motion carried unanimously.
MAIN STREET SEWER - RECONSIDERATION REWESTED
Robert Jarrard requested and was granted informal permission to address Council regard-
ing the Main Street Sewer. He informed Council that some people had been seriously
impacted by the continuous delay in action on the sewer and are considering legal
relief. He Suggested that Council consider some type of notice to those persons
adversely affected by Council's decision, including persons who in the past have re-
2 1
Page #22 - Council Minutes - 7/17/78
ceived use permits, negative declarations and other affirmations of the developmental
potential of that neighborhood, based on the fact that the sewer main is to be installed.
Mr. Jarrard further informed Council that he believed that there had been a 'less
than honest' approach to the issue and 'behind the scenes' discussion; that nobody had
forthrightly discussed these issues; that it had been done by phone and secret ballot.
Councilman Pattinson requested that all the people affected be notified. Councilwoman
Bailey stated that she resented the insinuations made by Mr. Jarrard for which she believed
there was no basis or foundation.
ATTEST:
• ac%l
My Clerk and ex-offic o Clerk
of the City Council of the City
of Huntington Beach, California
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�• L
City Clerk Mayor Pro Tempore �'