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HomeMy WebLinkAbout1978-08-07MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, August 7, 1978 7:00 P.M. Mayor Shenkman called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. ROLL CALL Present: Pattinson, Thomas, Bailey, Mandic, Siebert, Shenkman Absent: MacAllister EXECUTIVE SESSION CALLED Mayor Shenkman called an Executive Session of Council for the purpose of discussing personnel and litigation matters. RECESS RECONVENE The Mayor called a recess of the Council. The meeting was then reconvened by the Mayor. ADJOURNMENT The adjourned regular meeting of the City Council of the City of Huntington Beach was adjourned by the Mayor. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By ATTEST: Alicia M. Wentworth City Clerk 8y 'Deputy City Clerk eputy city w erk. _/ Mayor. MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, August 7, 1.978 A tape recording of this meeting is. on file In: the City Clerk's Office Mayor Shenkman called the regular meeting of the City Council of the City of Huntington. Beach to order at 7:30 P.M. ROLL CALL Present: Pattinson, Thomas, Bailey, Mandic,. Siebert, Shenkman Absent: MacAllister The Pledge of Allegiance was given by all present in the Chamber.. The invocation was given by Reverend James Knotek, Redeemer Lutheran Church. A moment of silence was observed by all present in the Chamber, in recognition of the death of Pope Paul V1. CONSENT CALENDER -(ITEMS APPROVED) On motion by Pattinson, second. Siebert,: the fullowTng items: were approved as recommended by the following roll call: vote: AYES: Pattinson, Thomas, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: MacAllister PARCEL MAP 77-20 - E R LARSON - Approved ParcelMap 77-20 and accepted offer of dedication pursuant to the mandatory findings set forth in Section 66474 of the Government Code, on; property located on the north side of MacDonald. Avenue: west of Beach Blvd, and instructed the City Clerk- to execute same and to release for processing by the County. ✓ PARCEL MAP 77-38: - JAMES LANGE - Approved Parcel Map 77-38 pursuant to mandatory findings set forth in Section 66474 of the Government Code on. property located' northwest of Beach Boulevard and Ronald, Road, and instructed the City Clerk to execute same. and re.lea.se for processing by the County.. PARCEL MAP 78-8 - EDINGER ASSOCIATES - Approved Parcel Map 78-8 and accepted offer of dedication pursuant to mandatory findings setforth in Section 66474 of the Government Code on property located on the south side of Edinger Avenue and east of Gothard Street, and instructed the City Clerk to execute same and to release for processing by the County. ✓ PARCEL MAP 78-10 - CARL STEVERSON - Approved. Parcel Map 78-10 pursuant to the mandatory findings set forth. in Section 66474 of the Government. Code on property located southeast of Beach Boulevard and Garfield: Averue and instructed the City Clerk to execute same and to release for processing by the County. 20 Page #2 - Council Minutes - 8/7/78 +� PARCEL MAP 78-20 - WILBUR METZLER - Approved Parcel Map 78-20 and accepted offer pursuant to the mandatory findings set forth in Section 66474 of the Government Code on property located on the east side of Gothard Street, south of Slater Avenue, and instructed the City Clerk to execute same and to relea�e for processing by the County. PARCEL MAP 78-24 - VIOLA MURRAY - Approved Parcel Map 78-24 and accepted offer of dedication, pursuant to the mandatory findings set forth in Section 66474 of the Government Code, on property located on the west side of Beach Boulevard, north of Slater Avenue, and instructed the City Clerk to execute same and to release for processing by the County. SUBDIVISION AGREEMENT - TRACT 5813 - BAYPORT ASSOCIATES - Accepted Guarantee and Warranty Bond #S787895, Monument Bond #S787891, Faithful Performance Bond #S787894, Labor and Material Bond S787894 - (Northwestern National Insurance Co.) on property located north of Pacific Coast Highway, west of Warner Avenue and approved and authorized execution of the Subdivision Agreement. SUBDIVISION AGREEMENT - TRACT 7534 - STEWART DEVELOPMENT CO - Accepted Mounument Bond #SCR7117112, Guarantee and Warranty Bond #SC7117111, Faithful Performance Bond #SC7117111, Labor and Material Bond #SC7117111 - (The American Insurance Co.) on property located southwest of Heil Avenue and Gothard Street, and approved and authorized execution of the Subdivision Agreement. SUBDIVISION AGREEMENT - TRACT 10179 - ROBERT JARRARD - Accepted Mounument Bond #85M174603, Guarantee and Warranty Bond #85M174602, Faithful Performance Bond #85M174601, Labor and Material Bond #85M174601 - (American Motorists Insurance Co.) on property located southeast of Viewpoint Lane and Terry Drive, and approved and authorized execution of the Subdivision Agreement. J REIMBURSEMENT AGREEMENT 77-W5 - OFFSITE WATER FACILITIES - EIDE Approved and authorized execution of a reimbursement agreement between the City and Rodney and Nan Eide for off - site water facilities in cone nction with their development on MacDonald Avenue. J AMENDMENT TO AGREEMENT - COUNTY REVENUE SHARING FUNDS FOR PLAYGROUND APPARATUS - Approved and authorized execution of an amendment to the agreement between the City and the County of Orange extending to 9/30/78 the allowable time for reimbursement of $50,000 by the County to the City for purchase and installation of childrens' playground apparatus for the six parks currently under development., .l CC-415 - DELAWARE STREET STORM DRAIN - NOTICE OF COMPLETION AND CHANGE ORDERS - Approved Change Orders 1 through 4 in the amount of $5,429, accepted work completed by Bebek Company for a total contract amount of $614 363 and instructed the City Clerk to file a Notice of Completion. 7 REDEVELOPMENT COMMISSION RESIGNATION PEREZ - Accepted, with regret, the resignation of Manual Perez from the Redevelopment Commission and directed the preparation of an appro- priate commendation. f APPOINTMENTS OF SCHOOL REPRESENTATIVES TO RECREATION & PARKS COMMISSION - Approved the following school representative appointments to the Recreation and Parks Commission: Dr. Howard Roop (HBUHSD), Charles Osterlund (OVSD), Nancy Gattuccio Nemoede (FVSD), Raul Duarte (CCCD), Joe Costa (Westminster School District), Norma Vander Molen (H.B. City School District). Page #3 - Council Minutes - 8/7/78 , v AMENDMENT TO JUVENILE DIVERSION TREATMENT PROGRAM - JOINT POWERS AGREEMENT - COUNTY OF ORANGE - APPROVED The Clerk presented a transmittal from the Chief of Police pertaining to an amend- ment to the Joint Powers Agreement between the City and the County dated September 20, 1977 for the West Orange County Youth Services Center Diversion. Grant to allow payment by the County to components of the WOCYSC for services rendered. Councilman Siebert inquired how the City of Huntington Beach became involved in the Agreement, to which the Chief of Police responded. A motion was made by Pattinson, seconded by Siebert, to approve and authorize execution of the amendment to the Joint Powers Agreement between the City and the County for the West Orange County Youth Services Center Diversion Grant, to allow payment by the County to components of the WOCYSC for services rendered. The motion carried unanimously. / AMENDMENT TO JUVENILE DIVERSION TREATMENT PROGRAM - JOINT POWERS AGREEMENT - CITY OF GARDEN GROVE - APPROVED AND AUTHORIZED The Clerk presented a transmittal from the Chief of Police pertaining to an amendment to an agreement between the City and the City of Garden Grove relative to Public Law 93-83 - Crime Control Act of 1973, to continue use of the 24-hour shelter care facility (AMPARO) in Garden Grove for troubled youth of Region IV. On motion by Pattinson, second Siebert, Council approved and authorized execution of the amendment to an agreement between the City and the City of Garden Grove relative to Public Law 93-83 - Crime Control Act of 1973, to continue use of the 24 hour shelter care facility (AMPARO) in Garden Grove for troubled youth of Region IV. The motion carried unanimously. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM REFUSED AND LATE CLAIM #77-204 - BISHOP REJECTED The Clerk presented a communication received from Sherman & Nordstrom, Attorneys at Law, on behalf of Laura Bishop, a minor, for alleged personal injuries occurring on or about September 3, 1977 in the vicinity of the Bolsa Chica State Beach. A motion was made by Pattinson, seconded by Siebert, to refuse the Application for Leave to Present Late Claim and reject the Late Claim. The motion carried unanimously. IN-HOUSE LANDSCAPE ARCHITECT & LANDSCAPE DRAFTSMAN CONTRACT - TABLED The Clerk presented a transmittal from the Director of Recreation, Parks & Human Services pertaining to one-year contracts for a Landscape Architect and a Land- scape Draftsman. Councilwoman Bailey stated that she had a question regarding vacation and sick leave benefits for the proposed positions. The Director of Recreation, Parks & Human Services responded that these employees would be working basically the same hours as City employees and since they are under contract, the benefits would be attributed, either in cash or some other way. It was determined that these positions were budgeted, however, Councilwoman Bailey stated that she was unwilling to approve the positions without the amounts being indicated. Considerable discussion was held on the matter between Council and staff. ;;!09 Page #4 - Council Minutes - 8/7/78 A motion was made by Siebert, seconded by Bailey, to table the matter. It was -suggested that Council meet with the City Administrator and the Director of Recreation, Parks & Human Services to further study the matter. The motion carried unanimously with Council- man Pattinson absent from the room. COUNCILMAN PATTINSON RETURNED TO THE MEETING PUBLIC HEARING - APPEAL TO CONDITIONS OF APPROVAL - TT 1"0447 - THOMAS - APPEAL GRANTED Mayor Shenkman announced that this was the day and hour set for a public gearing to consi- der an appeal filed by Councilman Thomas to Conditions of Approval Nos. 4 and 12, imposed by the Planning Commission in approving Tentative Tract No. 10447 on July 18, 1978. Said conditions of approval pertain to limiting vehicular access rights along Heil Avenue from the subject tract and a prohibition upon left turns into and out of "Burke Street" at its intersection with Heil Avenue. The Clerk informed Council that all legal requirements for publication, notification and posting had been met and that other than the informal petition submitted by Howard Subnick listing approximately 354 signatures of residents opposing a roadway planned for said tract, no communications or written protests to the matter had been received. Mayor Shenkman declared the hearing open. Councilman_ Thomas addressed Council and stated that the matter had been brought to his attention by an industrial group. He urged Council, since the developer had been permitted to go so far with the work, to allow him to continue with the left -turn as requested, perhap policing the area. In his opinion, the City was obligated to honor the original plan. At this time, Mayor Shenkman took the opportunity of introducing to the audience long time public servants former Mayors Ted Bartlett and Jerry Matney. Bill Burke, participant in the development, addressed Council and stated that early in December of last year he had started on the project. He informed Council that approximately $150,000 has been spent on the project, meanwhile, the Planning Commission had delayed completion with two conditions to which they are opposed. Mr. Burke elaborated upon the conditions as they pertain to the development. Jerry Matney, City, addressed Council and stated that for the past ten years he had been endeavoring to save the Gothard Industrial Corridor; that not much had happened, however, he believed that the area was ready for development. Mr. Matney gave reasons why he was in favor of the appeal, believing the main problem to be in trying to put an island at the intersection. He believed an alternative should be found for east and west turns made by traffic. Harold Subnick, City, addressed Council and referred to the recently proposed skateboard facility which Council had denied. The proposed controversial road would, in his opinion, endanger the lives of many children in the area. In conclusion, Mr. Subnick urged Council to consider the petition with the same concern which they showed with regard to the preserva- tion of wildlife in the City. Marylin Browne, City, addressed Council and stated that she was discouraged to see Council considering such matters when, in her opinion, the City was in need of more recreation areas. She suggested that the Planning Department visit the area and gave reasons why Z10 Page #5 - Council Minutes - 8/7/78 she did not believe the project should be approved by Council. I.n conclusion she spoke of high density in the City and urged Council to consider the residents of the City, giving various suggestions. Peter Similac, City, addressed Council and stated his concern regarding a previous speaker, Bill Burke, who spoke in favor of the development. In his opinion, Council should consider more the lives at stake, rather than the money spent on the project. Paul Minor, City, addressed Council and expressed concern regarding traffic in the area and gave reasons why he was opposed to the project. in his opinion, Heil Avenue was not designed for heavy traffic, which should be kept on Gothard Street. Mary Hoffman, City, addressed Council and stated that in her opinion, there should be an exit but suggested that a right and left turn access with exit be installed on Gothard Street; she did not favor Heil Avenue being utilized for this facility. Paula Ayres, City, addressed Council and spoke against the project. She referred to a viewgraph of the area and gave reasons for her opinion, stating her concern for traffic. Discussion was held between Mr. Burke, Council and staff on remedial measures, including the feasibility of a tripping signal exiting Burke Street. There being no one further to speak on the natter, and there being no further protests received, either oral or written, the hearing was closed by the Mayor. Mayor Shenkman stated that he had been to the site and did not see such a severe traffic situation as has been mentioned at the meeting. He was unwilling to downgrade any industrial property north of Warner Avenue, and believed that this was the time to look to development in the community. In conclusion, he stated that he was in favor of the appeal and would not vote to impose any conditions, however, he did recognize that safety conditions should be maximized. Councilman Siebert stated that he did not agree with recommendations of the Plan- ing Commission and was concerned for traffic on Heil Avenue. He was concerned for school children in the area and homes because of the road narrowing. In his opinion, Gothard Street should be utilized. He was not in favor of overburdening Beach Boulevard. Councilman Siebert believed that mistakes were made when the plans were submitted to the Planning Commission originally and in his opinion, it was wrong that no notice was posted of a public hearing. In conclusion, he stated that he was in support of the appeal and suggested that traffic be encouraged to use Gothard Street. Councilwoman Bailey stated that she had been to the area and could see problems there which she suggested that Council do something about. In her opinion, it was very difficult to make a left turn. She offered several suggestions to Council on the matter. Councilman Pattinson stated that he concurred with what everybody had said on the matter and believed that a stop sign on Heil Avenue would be a good idea and that he would like to see the traffic department study the matter. However, he did not believe the street could be widened without condemning some houses. Councilman Pattinson confirmed that he was in favor of the project. Page #6 - Council Minutes -- 8/7/78 A motion was made by Mandic, seconded by Thomas, to grant the appeal, approve Tentative Tract 10447 subject to findings and conditions of approval reflected in the Planning Commission action, with the exception of Conditions 4 and 12. The motion carried by the following vote: AYES: Pattinson, Thomas, Bailey, Mandic, Siebert, Shenkman NOES: done ABSENT: MacAllister Mayor Shenkman instructed the Director of Public Works to meet with Mr. Burke and keep Council apprised of some of the mitigating measures discussed. PUBLIC HEARING - PRECISE PLAN OF STREET ALIGNMENT 77-7 "B" - APPROVED - ORD NU 2306 -- FIRST READING - ND 78-43 - APPROVED Mayor Shenkman announced that this was the day and hour set for a public hearing to consider Precise Plan of Street Alignment No. 77-7 "B", a Precise Plan to align an existing private road (Graham Place) and provide a cul-de-sac at the southerly end of the proposed street. This street section and cul-de-sac will be located approximately 312 feet west of Graham Street and will extend from approximately 490 feet south of Heil Avenue (PPSA 77-7 "A") an additional 60±. The City Council will also be considering Negative Declaration No. 78-43 in conjunction with this case. The Planning Director informed Council that the Parks and Recreation Commission has recommended Alternative No. 1 and that the recommendation of the Planning Commission is Alternative No. 4. The Clerk informed Council that all legal requirements for publication, notification and posting had been met and that no communications or written protests to the matter had been received. Mayor Shenkman declared the hearing open. Bill Sullivan, City, addressed Council and stated that he had met with the Planning Director. He did not believe that Precise Plan 77-7 "B" was precisely as shown. Charles Diercksmeier addressed Council and informed them that he is the owner of two lots in the area under discussion and inquired whether his property was involved. The Planning Director responded that a cut would be made into the property of Mr. Sullivan. There being no one further to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The Clerk was directed to give Ordinance No. 2305 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 24 TO INCLUDE PRECISE PLAN 110 77-"B" FOR THE COMPLETION OF A STREET EXTENDING SOUTH OF HEIL AVENUE." A motion was made by Pattinson, seconded by Siebert, to adopt Negative Declaration No. 78-43, approve Precise Plan of Street Alignment No. 77-7 "B" and waive further reading of Ordinance No. 2305 by the following roll call vote: AYES: Pattinson, Thomas, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: MacAllister 21Z Page #7 - Council Minutes - 8/7i78 PUBLIC HEARING - CUDE AMENDMENT 78-5 - APPROVED ORD NO 2306 - FIRST READING Mayor Shenkman announced that this was the day and hour set for a public hearing on Code Amendment No. 78-5, initiated by the Planning Department, to remove special setback requirements in the following areas: the southeast corner of Warner Avenue and Beach Boulevard, west of Beach Boulevard between Indianapolis Avenue and Atlanta Avenue, the southwest corner of Atlanta Avenue and Beach Boulevard and the north- east corner of Los Patos Avenue and Green Street.. The Clerk informed Council that all. legal requirements for publication, notifica- tion and posting hadbeen met and that she had received no communications or written protests to the matter. Mayor Shenkman declared the hearing open. There being no one to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The Clerk was directed to give Urdinance No. 2306 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTIONAL. DISTRICT MAPS HO 25-5-11, 11-6-11, 14-6-11, AND 29-5-11 BY DELETING. CERTAIN SETBACKS. On motion by Bailey, second Mandic, Council approved. Code Amendment. No. 78-5, and waived further reading of Ordinance No. 2306 by the following roll tail vote: AYES: Pattinson, Bailey, Mandic, Siebert, Shenkman NOES: Thomas ✓ ABSENT: MacAllister PUBLIC HEARING - NO 78-77 APPROVED - ORD NU 2307 - FIRST READING - AGREEMENT FOR INSTALLATION BETWEEN CITY & BENCH AD CO APPROVED & AUTHORIZED Mayor Shenkman announced that this was the day and hour set for a public hearing on Resolution of Intent No. 4630 which the City Council adopted.July 3, 1978 to grant a franchise to the Bench AQ Company for placement of bus benches with adver- tising within public right-of-way. The Clerk informed Council that all legal requirements for publication, acid posting had been met and that no communications or written protests to the matter had been received. Mayor Shenkman declared the hearing open. Mark Porter, City, aadressed Council and informed them that as a member of the City Transportation Committee, he had discussed this proposal on several occasions; that at one time, Council had rejected the proposal of bus benches and had sub- sequently reconsidered the idea. In his opinion, there would be a problem in in placing benches carrying advertisements adjacent to residential areas. He urged Council to consider having bus benches without advertisements in certain areas in the proximity of residences. Mayor Shenkman directed the City Administrator to note the concern expressed by Mr.'Porter and study the matter. 21 Page #8 - Council Minutes - 8/7/78 Peter Similac, City, addressed Council and inquired as to the bidding procedure, sug- gesting that more bids be taken before approving the agreement, to which Mayor Shenkman responded. Charles Diercksmeier, City, addressed Council and stated that he believed limiting the amount of advertising which could be placed on benches would reduce revenue to the adver- tising company, who in turn would have less revenue to maintain the benches. He could see no offense in advertising on bus benches and suggested that the public be polled on the matter. Mike Rodgers, Counsel on Aging, addressed Council and thanked them on behalf of the Counsel, who he stated are very happy that benches are to be installed. There being no one further to speak on the matter, and there being no protests filed either oral or written, the hearing was closed by the Mayor. The Clerk was directed to give Ordinance No. 2307 a reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO COAST UNITED ADVERTISING, DOING BUSINESS AS BENCH AD COMPANY, A FRANCHISE TO PLACE AND MAINTAIN BENCHES IN THE PUBLIC RIGHTS -OF - WAY IN THE CITY OF HUNTINGTON BEACH." On motion by Siebert, second Pattinson, Council approved Negative Declaration No. 78-77, waived further reading of Ordinance No. 2307, and approved and authorized execution of an agreement between the City and Bench Ad Company for the installation and maintenance of benches. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: MacAllister % PUBLIC HEARING - LIST OF WEED ABATEMENT CHARGES - HEARING OF PROTESTS - RES NO 4648 - ADOPTED - COUNTY ASSESSOR TO INCLUDE ON 1979/80 TAX ROLL ANY CHARGES - APPROVED Mayor Shenkman announced that this was the day and hour set for a public hearing for the year 1978 Weed Cleaning Program to hear objections of property owners shown on list of Weed Abatement Charges as posted at the outside entrance of the Council Chamber in accordance with Government Code, Chapter 13, Article 3 -- State of California. The Clerk informed Council that all legal requirements for publication, notification and posting had been met and that no communications or written protests to the matter had been received. Mayor Shenkman declared the hearing open. There being no one to speak on the matter, and there being no protests filed either oral or written, the hearing was closed by the Mayor. The Clerk was directed to give Resolution No. 4648 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING REPORTS OF COST FOR WEED ABATEMENT, 1978 SEASON, ON LOTS WITHIN THE CITY." On motion by Siebert, second Thomas, Council waived further reading of Resolution No. 4648 and adopted same by the following roll call vote: AYES: Pattinosn, Thomas, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: MacAllister Page #9 - Council Minutes - 8/7/78 On motion by Siebert, second Thomas, Council directed that any charges listed thereon be certified to the County Assessor for inclusion on the 1.979/80 Tax Roll. The motion carried by the following roll call vote:. AYES: Pattinson, Thomas, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT:. MacAllister V/ PUBLIC HEARING - BUSINESS LICENSE. REVOCATION. - HEARING OPENED 7/17/78 - MOTION TO REVOKE FAILED Mayor Shenkman announced that the hearing,. continued from July 17, 1978, to determine whether or not the license and permit to. conduct a massage parlor business, dba Goldenwest Spa, 9891 Yorktown Avenue, should be revoked. Mayor Shenkman informed Council that since he had been absent from the July 17, 1978 Council meeting, he had listened to the tape and acquainted himself with what had transpired regarding the proposed business license revocation. He stated that he had received. a request from Mr. Radensky, attorney for Mr. Andong, to remove one of the Council members from the hearing, since he believed that member had pre -judged the matter. Mayor Shenkman read the letter at this time, which named Councilman Pattinson as being the Council member referred to. Considerable discussion was held between Council and staff on the matter, and it was determined that Councilman Pattinson could continue to sit on the Council throughout the hearing, having the right to cast his vote on the matter. Joseph Radensk+, attorney for Mr. Andong, addressed Council., protesting the three minute limitation and referred to the number of charges made against his client under documentation. Councilwoman Bailey informed Mr. Radensky that she was unaware that the public hearing limited him to three minutes. Mr. Radensky referred to a letter from the Chief of Police which alleged the misconduct of employees and described five arrests made at the Goldenwest.Spa. He pointed out that although arrests had been made, no charges had been brought against any of the employees. In con- clusion, Mr. Radensky gave reasons why the license should not be revoked and pointed out that Mr. Andong had invested over $25,000 into the leasehold of the property and invited Council members to visit the parlor. Detective Damerow after being sworn, read from a portion of the document,: citing arrests made for prostitution and solicitation for prostitution. Mayor Shenkman requested and received the signed originals of the testimonies submitted. The Mayor stated that he, personally, was opposed to this type of police activity, however, he questioned Detective Damerow to some extent.. Police Chief Robitaille was sworn in. He discussed the legalities of the term entrapment and the method by which it was employed.. The City Attorney requested Mr. Sage to give a legal description of the term 'entrapment', which he did, adding that it was legal to use in instances where a person is predisposed to commit a crime. Mr. Radensky brought Co.uncil'sattention to Section 5.24.010 and 524.045 of the Municipal Code and informed them that the code reinforced his contention that there were no grounds for revocation. Charles Diercksmeier, City, gave reasons why he did not believe the procedure to be proper. aEb Page #10 - Council Minutes - 8/7/78 Peter Similac, City, addressed Council and discussed 'entrapment'. The City Attorney requested that members of the Police Department be allowed to address Council in order to testify on the matter. Officer Weston, H.B.P.O., was sworn in and gave a personal account of what had transpired during his investigation of the Goldenwest Spa. Fernando Andon , owner of the Goldenwest Spa, was sworn in and responded to Attorney Radensky's questions pertaining to the Spa. There being no one further to speak on the matter and there being no further protests filed the hearing was closed by the Mayor. Mayor Shenkman stated that he would not vote to revoke the license; he believed too much valuable police officers' time was spent in attempting to uncover 'so-called' "acts of prostitution", which could be better spent in the interest of the community. He stated that he would not vote to approve any more massage parlors, however, he does not condone prostitution or the use of police officers' time pursuing it in this manner. Councilman Pattinson stated that he totally disagreed with Mayor Shenkman's views on the matter. He pointed out that the location is next to a pre-school.. In his opinion, the Police Department were carrying out their duty. Councilman Thomas concurred with Mayor Shenkman's comments and stated that he would not vote to revoke the license. Councilman Siebert inquired whether the City had received any complaints from citizens regarding acts of prostitution from the spa, to which the City Administrator responded that no complaints had been received through his office of which he was aware. The Chief of Police stated that he did not agree with the opinion of Mayor Shenkman. In his opinion, the Police Department should continue to monitor these types of operations; that the law should be enforced. A motion was made by Pattinson, seconded by Mandic, that illegal and immoral activities detrimental to the public welfare and morals are occurring at the Goldenwest Spa and the business license and massage business permit should be revoked under the authority of S. 5.24.080 of the Huntington Beach Municipal Code. The motion failed as follows: AYES: Pattinson, Bailey, Mandic NOES: Thomas, Siebert, Shenkman ABSENT: MacAllister Councilman Pattinson requested that Councilman MacAllister be given the opportunity of listening to a tape recording of the current meeting. A motion was made by Pattinson, seconded by Mandic, that the matter be deferred to the August 21, 1978 Council meeting. The motion failed by the following vote: AYES: Pattinson; Bailey, Mandic, NOES: Thomas, Siebert, Shenkman ABSENT: MacAllister RECESS - RECONVENE Mayor Shenkman called a recess of Council at 10:30 P.M., which was reconvened at 10:40 P.M. ZU. Page #11 - Council Minutes - 8/7/78 STEVERSON MUD DUMP - ACTION DEFERRED A motion was made by Pattinson, seconded by Thomas, to. defer action upon the Stever- son Mud. Dump, said matter to be brought before. Council at the earliest possible time. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Mandic, Siebert, Shenkman NOES: Bailey ABSENT: MacAllister PROPOSED COUNCIL MEETING FOR, AUGUST 14 - TO BE DETERMINED The City Adminstrator requested Council to consider an adjourned regular meeting which could be held before the regular meeting of August 21, 1978,. due to the volume of business to be considered. It was determined that such a meeting would be held if a quorum is available. ORAL COMMUNICATIONS REQUEST FOR STOP SIGN - 17TH STREET/DELAWARE STREET STUDY TO BE MADE AND CONSIDERED AT 8/21/7 -COUNCIL MEETING Robert Reid, City, addressed Council and referred to an informal petition which he had submitted to Council requesting the placement of a stop sign at 17th Street and Delaware Street. He informed Council that he has a paper route and in the course of his rounds, is affected by three blind intersections. Mr. Reid referred to a recent accident involving an 80 year old man in the area and cited incidents in which the Police Department did not cite the. persons involved Mayor Shenkman requested the Director of Public Works to investigate the matter. The Director of Public Works informed Council of the procedure by which his depart- ment determines the installation of stop signs, which involves a traffic count of accidents in the immediate vicinity. Councilwoman Bailey informed Council that she had been to the area and concurs with Mr. Reid's request, giving reasons for her opinion. Discussion was held on the number and type of accidents which had occurred in the area. Councilman Thomas stated that he was in favor of granting the request; he believes it would be cheaper to put in stop signs; there were too many 'red stripes' in the City. A motion was made by Thomas, seconded by Bailey, to instruct the. Director of Public Works to install a stop sign at the intersection of 17th Street and Delaware. Street. The Director of Public Works informed Council that Traffic Eng.ineering's criteria does not warrant a stop sign at this intersection. Mayor Shenkman responded that he did not like the criteria and inquired whether there was a traffic count. The Director of Public Works stated that it did not qualify for a stop sign under that criteria either; a traffic study had been made on July 5, 1978. Councilman Siebert concurred with Mr. Reid, that a stop sign should be installed at the interestion, however, he believed the matter should not be acted upon in 219 Page #12 - Council Minutes - 8/7/78 haste and stated his preference of talking the matter over with staff first. Councilman Thomas stated that he would prefer not holding the matter over for two weeks. A vote was taken on the motion made by Thomas, seconded Bailey, which failed as follows: AYES: Thomas, Mandic, Bailey NOES: Pattinson, Siebert, Shenkman ABSENT: MacAllister A motion was made by Mandic, second Siebert, to direct the Traffic Engineering Department to make a study and consult with Councilmen Siebert and Mandic, with the matter being brought before Council at the August 21, 1978 Council meeting. Councilman Thomas stated that he would not approve of the motion, following which considerable discussion was held between Council on the matter. Councilman Mandic withdrew his motion and Councilman Siebert withdrew his second on the motion. A motion was made by Mandic, seconded by Siebert, that the Director of Public Works, Mr. Reid and the Traffic Engineer meet and a recommendation be prepared before the next regular Council meeting. The motion carried by the following vote: AYES: Pattinson, Bailey, Mandic, Siebert, Shenkman NOES: Thomas ABSENT: MacAllister HUNTINGTON BEACH INN Mr. Ronald Orr, Attorney representing Mr. Hobert L. Mayer, addressed Council and referred to the proposed sale of the Huntington Beach Inn, giving reasons why he believed Council should give consideration to the proposal. He stated what he believed would be the reper- cussions should the property not be sold. Robert Fisher, the Court -appointed Receiver, addressed Council regarding the operation of the Huntington Beach Inn and revenues derived therefrom. Robert L. Mayer, President of Mayer Construction Company, addressed Council and stated that he had not had the opportunity to speak with anyone from the City to find out their intentions with regard to the Huntington Beach Inn. He informed Council of Mayer Construc- tion Company's capability of acquiring the property. Mayor Shenkman thanked Mr. Fisher, Mr. Orr, and Mr. Mayer for their input stating that during an Executive Session, Mr. Pollyea had been directed to make further attempts to negotiate the matter. PRESENTATION BY REGIONAL WASTEWATER SOLIDS MANAGEMENT PROGRAM - LOS ANGELES ORANGE 11f)O AiTV eerrnnnnl Trnnl nnCn Bill Davis, Project Manager, addressed Council regarding the LA/OMA Project, which is a regional wastewater solids (sludge) management program formed by the Los Angeles County Sanitation Districts, County Sanitation Districts of Orange County and the City of Los Angeles. ORAL COMMUNICATIONS i George Arnold, City, addressed Council and referred to the budget. He informed Council that after 5:30 P.M., the cadets do not touch the City parking meters along Pacific Coast Highway, between 21st Street and 39th Street. Mr. Arnold informed Council that on August 6th, 43 citations were given but that no vehicles on 5th Street had been cited. He stated Page #13 - Council Minutes - 8/7/78 that he had read in a newspaper that the City had been taking care of the Bolsa Chica, but thatit takes 45 mi-nutes for the Police to answer a call in the downtown area of the City. Jack Lindley, Chamber of Commerce, addressed Council` and referred to Resolution No. 1978-5 of the Chamber of Commerce relative to Proposition No. 13, calling for a reduction, in government programs which he read to Council. Peter Similac, City, addressed Council regarding to dog feces in the parks. He stated that there was an ordinance which required that theowners pick up the feces. He had complained to the Control. Agency but this had not proven beneficial. He believed the law should be enforced and suggested fining the guilty dogs' owners. Mr. Similac also addressed what he considered to be landlord/tena.nt problems relating to rent increases which are 'gouging the people', and in his opinion are a result of Proposition No. 13. He believed that the situation was wrong. Mr. Similac referred to: lay-offs and cuts in salaries and urged Council to cut what he considered to be foolish spending in -every department -of City Hall and also in government. In conclusion, Mr. Simii.ac referred to Mayor Shenkman's earlier statement in which he had informed Council that he had: gone to visit the area of Heil Avenue and Gothard Street; he did not believe that after one vi!sit., a decision could be made. I/ Gordon Offstein, City, addressed Council and urged them to dissolve the Agreement between the City and the Police Department Pistol Range, giving reasons for his opinion. Kathy Rome, City, stated that she was addressing Council asa former CFTA employee and taxpayer. She informed Council that she had`been forced to resign her position because she was under the impression that she had no other alternative. Miss Rome r gave reasons why she believed the basic philosphy of the CE.TA program had been overlooked in her personal experience, citing incidents of neglect and in conclusion, urged Council to take over the administration of this program. Mayor Shenkman directed the City Administrator to meet with Miss Rome and investigate the matter. Dean Albright, City, addressed Council regarding several undesirable families comprised of teenagers and young adults in the area of his home on Spa Drive. Mr. Albright referred to some of the undesirable activity in the neighborhood, which he believes brings more 'undesirables' to the neighborhood. He referred to a stop sign and yellow stripe -which was painted on the curb and his concern that cars do not stop. Mayor Shenkman requested the City Adminstrator and the Chief of Police to get together with Mr. Albright and investigate the matter -and inform Council of their finds. Thomas Whaling, City, addressed Council and referred to the change in the down- town area over the past few weeks with regard to Police patrol, mentioning in parti- cular Officer Seigel, who in his opinion, has done a commendable job. He inquired whether a committee had been set up yet with any subpoena powers in order to obtain information. He stated that some $30,000 had been spent on a report which indicated that the reason for some of the problems is that the Police Chief is quite often absent. In his opinion, unless supportive powers are given to the Committeenothing constructive can be accomplished. Page #14 - Council Minutes - 8/7/78 Mr. Whaling stated that he would like to have a written response to his letter submitted to Council and also a retraction of 'erroneous remarks' made about his character. In conclusion, Mr. Whaling urged Council to dismiss the Redevelopment Commission, which in his opinion, was useless without Council's participation. He also urged that a member of the City Council be placed on the Local Coastal Program Committee. Shirley_Miller, HB/FV Board of Realtors, Chairman of the Fair Political Practices Committee, addressed Council with regard to the proposed user fee for paramedic services. She stated that some 646 signatures had been collected over a period of two days in the Huntington Beach area in protest to the proposed fee. She submitted same to the Clerk, requesting that it be entered into the public record. ADJOURNED REGULAR COUNCIL MEETING SCHEDULED FOR 8/14/78 It was determined that due to the volume of City business, a meeting would be scheduled for August 14, 1978, commencing at 6:30 PM. ✓ ORDINANCE NO 2302 - ADOPTED - POSTPONMENT OF DELINQUENCY DATE BASE ANNUAL FEES TO SEPTEMBER 30, 1978 The Clerk was directed to give Ordinance No. 2302 a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 5.32.040 OF THE HUNTINGTON BEACH MUNICIPAL CODE POSTPONING DELINQUENCY DATE BASE ANNUAL FEES TO SEPTEMBER 30, 1978." On motion by Siebert, second Bailey, Council waived further reading of Ordinance No. 2302 by the following roil call vote: AYES: Pattinson, Bailey, Mandic, Siebert, Shenkman NOES: Thomas ABSENT: MacAllister The Clerk was directed to read Ordinance No. 2302 in full. On motion by Siebert, second Bailey, Council adopted Ordinance No. 2302 by the following roll call vote: AYES: Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: MacAllister ABSTAIN: Pattinson, Thomas OIL ORDINANCE - DISCUSSION J Discussion was held by Council regarding Ordinance Nos. 2310 and 2311 pertaining to the Huntington Beach Municipal Code - reducing and restructuring certain natural resources production fees. Councilman Thomas stated that he had spoken to several people on the matter who were to have had representatives attend the meeting. He informed Council that he would not vote on any more changes in the code pertaining to fees and was in favor of keeping the original tank tax. Councilman Thomas informed Council that he had attended a couple of meetings on the matter which had proved discouraging and in his opinion, it might take court action to clarify the matter. j John Ryan, spokesman for the Ad Hoc Committee on Aminoil, addressed Council and informed them that he believed they had a mutual agreement, arrived at with the exception of minor changes. Discussion was held between Council on the matter. 220 I- I Page #15 - Council Minutes - 8/7/78 ORDINANCES FOR ADOPTION - CONTINUED TO 8/21.178 The following Ordinances for adoption were continued to the August 21, 1978 Council meeting: Ordinance No. 22.9.5 - General Parking Regulations, Ordinance No. 2303 - Use and Maintenance of Public. Toilets on the City Beach, Ordinance No:. 2304 Licensing of Alarm Businesses and Registration of Alarm Agents, Ordinance No. 2308 - Construction Work and Various. Fee-s Charged Therefor, Ordinance No. 2309 Administra- tion of the Huntington Beach Oil Code, Ordinance No. 2310 - Reducing.and Restructur- ing Certain Natural Resources Production Fees, and Ordinance Na. 2311 - Reducing and Restructuring Certain Natural Resources Production Fees. STEVERSON MUD DUMP - DEFERRED Due to the lateness of the hour, the following items were deferred: Rancho View Pedestrian Bridge - Reconsideration of 7/3/78 acti.on; ELR 78-3 - Sewer - Main Street and Beach Blvd. Recons.iderat.ion of 7/3/78' action. COUNCILMEN THOMAS AND SIEBERT LEFT THE MEETING AT THIS TIME. EL DON LIQUOR STORE - REQUEST FOR ATTORNEY TO STU.DY THE LEASE Councilman Pattinson informed Council that he has. received. numerous complaints regarding operation of the El Don Liquor Store parking lot, which is leased from the City. He requested the City Attorney to look into the lease agreement with a view to possible termination as a means of alleviating the problem.. TnwINa FFFS With regard: to fees charged by towing companies, Councilman Pattinson requested. that a study of fees be made. Mayor Shenkman directed the City Administrator to meet with Councilman Mandic regarding the matter and bring back a report to Council. Councilman Mandic. believed. that he might have a conflict of interest. Councilman Pattinson suggested that the City Administrator contact the Automobile Club of Southern California w.i:th regard to fees. BUSINESS LICENSE REVOCATION TO BE RECONSIDERED AT 8 2.1 78 COUNCIL MEETING Mayor Shenkman stated that the business Tice.nse revocation of the Goldenwest Spa would be reconsidered at the August 21, 1978�Council meeting. DELAWARE STREET STORM DRAIN, PHASE II - CC-430 - BIDS REJECTED - TO BE READVERTISED The Clerk presented a transmittal from the Director of Public Works, stating that bids were received for the Phase II (CC-430) Old Town Storm D.rai'n on July 28, 1978 and that the low bid was 21% higher than the City's estimate. He recommended that all bids be rejected and readvertisement be authorized. On motion by Pattinson, second Shenkman, Council approved the recommendation of the Director of Public Works and rejected all bids and authorized readvertisement for bids. The motion carried by the following vote: AYES: Pattinson, Bailey, Mandic, Shenkman NOES: None ABSENT: Thomas, MacAllister, Siebert Mayor Shenkman announced that all business which had not been acted upon due to the lateness of the hour, would be held over to the August 21, 1978 Council meeting. =1 Page #16 - Council Minutes - 8/7/78 ACQUISITION OF STATE SURPLUS PROPERTY - ACTION DEFERRED TO 8/21/78 Mayor Shenkman announced that the matter of acquisition of State surplus property would be deferred to the August 21, 1978 Council meeting, pending additional input from staff, at which time Mr. Moorhouse, Director of Harbors and Beaches, would be present. ED DILKES - TO BE RETAINED AT DEPOSITION HEARING The City Adminstrator referred to the deposition hearing to be held August 8, 1978 and requested Council to take action regarding retention of Mr. Dilkes. On motion by Pattinson, second Mandic, Council approved retention of Ed Dilkes to represent the City at the deposition hearing of Business Properties, Inc., vs. City of Huntington Beach, to be held August 8, 1978. The motion carried by the following roll call vote: AYES: Pattinson, Bailey, Mandic, Shenkman NOES: None ABSENT: Thomas, MacAllister, Siebert REQUEST TO BE ABSENT - CITY ATTORNEY - MEETING 8/14/78 - APPROVED The City Attorney requested, and was granted permission to be absent from the August 14, 1978 adjourned regular Council meeting. ITEMS DISTRIBUTED TO THE CITY COUNCIL,- CONTINUED TO 8/21Z78 1. City of Burbank resolution protesting the amount of the membership assessment for membership in the Southern California Association of Government. 2. ORANGE COUNTY LEAGUE OF CALIFORNIA CITIES RESOLUTIONS Communication from the Orange Cdunty Division of the League of California Cities transmitting various resolutions. 3. Notice of New Pacific Telephone Rate Application #58223 - to increase rates. ADJOURNMENT TO 8114178 The regular meeting of the City Council of the City of Huntington Beach was adjourned by the Mayor to August 14, 1978, at 6:30 P.M. in the Council Chamber, Civic Center. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By: A�;� ATTEST: Deputy City Clerk Alicia M. Wentworth ity Clerk By. Deputy City C erk Mayor �+`�: