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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 IS() 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. 18-1_ 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 1 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. r � 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. I Sid 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 1 1() 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 • �• L City Clerk Mayor Pro Tempore �'