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HomeMy WebLinkAbout1978-10-02MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October 2, 1978 Councilman Mandic called the adjourned regular meeting of the City Council of the Ulty of Huntington Beach to order at 6:30 P.M. ROLL CALL Present: Pattinson, Thomas, MacAllister, Bailey, Mandic (Councilman Siebert arrived at 5:45 P.M.) 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 Council. lie later reconvened the meeting. ADJOURNMENT The adjourned regular meeting of the City Council of the City of Huntington Beach was adjourned by Mayor Pro Tempore Siebert. ATTEST: ' City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor Pro Tempore Tempore 46 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October 2, 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. The Pledge of Allegiance was led by Councilman Thomas. The Invocation was given by Reverend Harold Hambley, Ellis Avenue Baptist Church. ROLL CALL Present: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert Absent: Shenkman PRESENTATION - SHIPLEY NATURE CENTER Judy Lane, representing the Rangerette Club. of Huntington Beach:presented a dona- tion in the amount of $100 to the City, to be used for the Shipley Nature Center in Huntington Central Park. PROCLAMATION - NATIONAL 4-H WEEK - OCTOBER 1-7, 1978 Mayor Pro Tempore Siebert proclaimed the week of October Jr -through 7, 1978 as 'National 4-H Week'. The proclamation was accepted by Dennis and William Quinn, together with their Guide Dogs "Muffet" and "Athena". Mayor Pro Tempore Siebert read the plaque to the audience. PRESENTATION - BETTY MIGNANELLI - HUMAN RESOURCES COUNCIL Mayor Pro Tempore Siebert presented a plaque to. Betty Mi,gnanelli for her service on the Human Resources Council. PROCLAMATION - "UNITED NATIONS'DAYN - OCTOBER 24, 1978 Mayor Pro-Tempore Siebert proclaimed October 24, 1978 as 'United Nations Day'. The proclamation was received by Dr. Elvira Croval�an, United Nations Day Chairman. PRESENTATION - TED BARTLETT - TWENTY YEAR SERVICE PIN Mayor Pro Tempore Siebert presented former Councilman Ted Bartlett with a 20-year service pin commending him on his many years of service to the City. Ted Bartlett informed Council and the audience that he would continue to advocate the City of Huntington Beach in his official capacity as Goodwill Ambassador to the City. 49 r Page #2 - Council Minutes - 10/2/78 MINUTES APPROVED On motion by Pattinson, second MacAllister, Council approved the adjourned regular meeting of August 14, 1978 as written office of the City Clerk. The motion carried as follows: AYES: Pattinson, Thomas, MacAllister, Mandic, Siebert NOES: None ABSENT: Shenkman ABSTAIN: Bailey and adopted minutes of and on file in the On motion by Pattinson, second MacAllister, Council approved and adopted minutes of the regular meeting of August 21, 1978 and minutes of the adjourned regular meetings of August 28 and September 5, 1978 as written and on file in the office of the City Clerk. The motion carried unanimously. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Pattinson, Council approved the following items, as recommended, by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: Shenkman SUBDIVISION AGREEMENT - TRACT 10449 - G F GODEN & CO - Accepted Monument Bond o. 8SM550299 - Guarantee and Warranty Sond No. 50300, Faithful Performance Bond No. BSM550298 and Labor and Material Bond No. 8SM550298 -- (American Motorists Ins. Co.) on property located on the west side of Graham Street, north of darner Avenue, Tract 10449. Approve'and authorized execution of the Subdivision Agree- ment. ✓✓ TRACT 8011 - CLASSIC DEVELOPMENT - NOTICE OF COMPLETION - Accepted improvements d—edicated for public use on property located nort east of Hoyt Circle and Constantine Drive and authorized the release of the Faithful Performance Bond, Monument Bond, and termination of the Subdivisio# Agreement. TRACT 9101 - SIGNAL LANDMARK, ✓ INC - NOTICE OF COMPLETION - Accepted improvements dedicated for public use on property located on the west side of Springdale Street south of Talbert Avenue, authorized release of the Faithful Performance Bond and termination of the Subdivis!pn Agreement. PARCEL MAP 78-25 - KENNETH BOURGUIGNON - Approved final parcel map on property loc- ateloc- ateU east of Gothard—Tt-reet, south of Slater Avenue, accepted offer of dedication pursuant to the mandatory findings set forth in Section 66474 of the Government Code and instructed the City Clerk to execute same and to release for processing by the County. PEAT, MARWICK, MITCHELL & CO - SUPPLEMENTAL AGREEMENT NO 2 - REDEVELOPMENT AGENCY UD - Approved and authorized execution of Supplemental greement No. 2 between the City and Peat, Marwick, Mitchell & Co. to perform an audit of the Redevelopment Agency. 1 Page #3 - Council Minutes - 10/2/78 PARCEL MAP 78-29 - HUGH VANESEK - Approved final parcel map on property located southwest of Bo sa Avenue and Edwards Street, pursuant to the mandatory findings setforth in Section 66474 of the Government Code and instructed the City Clerk to execute same and to release for processing by the County. CC-396 - MUNICIPAL PIER PILING REPAIR AND REPLACEMENT - NOTICE OF COMPLETION/ CHANGE ORDEE - Approved Change Order No. I for $8,300, accepteJ work comp eted by Submarine Engineering Associates on the piling repair and replacement work on the Municipal Pier, and instructed the City Clerk to file a Notice of Com- pletion. ,/ ✓ JUVENILE DIVERSION PROGRAM AGREEMENT - WEST ORANGE COUNTY YOUTH SERVICES CENTER - Approved and authorized execution of an agreement between t e Cflfy and t e ounty of Orange providing for the third year of funding of Juvenile Diversion/Treatment Program. PARCEL MAP 76-50 - HARBOR BLUFFS DEV - TABLED - The City Clerk presented a trans- mittal from the Director of Public Works pertaining to Parcel Map 76-50 and re- commending approval of same. Councilwoman Bailey stated that she did not wish to vote on the matter at this time. A motion was made by Bailey, seconded by Thomas,'to table Parcel Map No. 76-50. The motion carried by the following vote: AYES: Bailey, Mandic, Siebert, Thomas NOES: Pattinson, MacAllister ABSENT: Shenkman f PLANS AND SPECIFICATIONS/CALL FOR BIDS - CC-463 - FRANKFORT AVENUE - APPROVED - The City Clerk presented a transmittal from the Director of Public Works recommend- ing approval of the plans and specifications and authorization for the call for bids for Project CC-463. Councilman Mandic stated that he was not in favor of approving the recommended action. A motion was made by Pattinson, seconded by Bailey, to approve plans and speci- fications and authorize the call for bids and replacement of street pavement, curbs and embankment on Frankfort Avenue between Hill Street and Indianapolis Avenue. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Bailey, Siebert NOES: Thomas, Mandic ABSENT: Shenkman ORAL COMMUNICATIONS Troy Lee, Attorney for the Huntington Beach Police Officers' Association, addressed out n�'r regarding the reassignment of police officers and cutbacks in various departments. He referred to the Alcoholic Beverage Control Act, pointing out the City was losing potential revenue due to the changes, and urged Council to look in- to the matter. Brian Lake, representing the Huntington Beach High School Board of Trustees, address- 49 Page #4 - Council Minutes - 10/2/78 ed Council regarding the district's cutbacks with regard to busing. He informed Council that there is considerably more 'foot' traffic particularly in the area of Warner Avenue -Beach Blvd./Gothard Street. He stated that in some areas, there was insufficient room for pedestrians and suggested forming a joint committee with representation under Council's direction, to study methods of alleviating the problem. Mayor Pro Tempore Siebert requested the City Administrator to set up a meeting with Mr. Lake, Board officials, himself and City officials in order to study the problem. David Garofalo, Redevelopment Commissioner, addressed Council and requested clari- fication -of the status of the Redevelopment Commission. He submitted to the City Clerk a copy of a report, which he ✓ ead to Council. Charlene Bauer, representing the Newland House Board of Trustees, addressed Council in regard to landscaping of the Newland House. She informed them that the inside of the house had been restored but in order to assist in making the landmark self- supporting, it would be necessary to landscape the surrounding grounds and repair the chain -link fence (after which sightseeing buses could bring people to view the property). In concTusion, Mrs Bauer urged Council to visit the Newland House and assist in efforts to restore the area. Mayor Pro Tempore Siebert informed her that the matter would be discussed later inythe meeting. Gordon Offstein, City, addressed Council with regard to the Police Officers's Asso- ciation Pistol Range. In his opinion, possible illegal activity was occurring and he urged Council to investigate the Agreement with the Huntington Beach Police Officers' Association. He also believed that the range should be operated by the City, since potential revenue was being lost. Discussion was held on the matter and Councilman Pattinson informed Mr. Offstein that the firing range was cost effective, that the only cost to the City is for ammunition. Mr. Offstein stated that he had seen nothing in writing which indicated that it was cost-effective and had had to reply on what he had seen in the Finance Department. Mayor Pro Tempore Siebert requested that if Mr. Offstein had information to sub- stantiate his claims, he would like o have it. rl Thomas Ridley. Director of Huntington Beach Community Concert Band, addressed Council regarding their request for $5,000 to operate in 1978-79. He thanked Council for their support over the past several years, adding that Huntington Beach was one of the few cities which has seen fit to have a community band. Mr. Ridley reminded Council that the $5,000 which they are requesting was the amount which the City had previously budgeted. He gave reasons why he believed the band should continue to function and in conclusion, stated that should the City not see fit to allow the $5,000 operating fund, they consider funding a lesser amount. Mayor Pro Tempore Siebert requested Mr. Ridley to be present when the matter would be considered later in the meeting. / Wallace Rodecker - Attorney and resident of the City, addressed Council on behalf of Robinwood Homeowners' Association regarding the McFadden Avenue closure. He stated that there had been another polling of residents in the area and there was some dis- pute over the accord previously reached. In conclusion, Mr. Rodecker urged Council to find the leadership needed in the community and stick to their previous decision. Raymond Miller, representing Home Builders, addressed Council regarding Gothard/ Talbert Storm Drain. He stated that their property was being used as a sump for 5 Page #5 - council Minutes - 10/2/78 two very large storm drains which prevents their use and development of the property. He urged Council to consider the matter.. l . Glen Davison, City, addressed Council regarding the McFadden Avenue closure. She informed Council that the main reason people in the area had brought the matter up again was because they were not represented among the 50 residents present when it was decided to close it at Bolsa Chica. She stressed that the 50 people did not repre- sent all of the residents. Mrs. Davison referred to an informal petition which she distributed to Council and explained the intent of said petition. In conclusion, Mrs. Davison urged Council to consider the demands of residents in the area. Marie Buckland, City, addressed Council regarding the Steverson Bros. Mud Dump and inquired whether anything concrete had been done regarding the problem, other than informing them of the City's opinion. The dirt and smell still exists, she pointed out and urged Council's direction. The City Attorney explained the two methods by which the City could legally approach the problem. Mayor Pro Tempore.Siebert stated that the City Attorney would proceed with the legal aspects of the matter and if the results prove unsatisfactory, other action would be pursued. Considerable discussion was held on the matter between Council and staff. Council- man Thomas referred to access to the dump, suggesting that the main office be moved to the other end of the dump. Mrs. Buckland stated that the main office was a mobile home and did not believe there would be a pro lem in accomplishing this. Chuck Bennett;. Orange County Harbor Commissioner, addressed Council regarding the appointment of membership to the Local Coastal Program Citizens' Advisory Committee. He expressed concern that provision had not been made for boating and fishing interests and made the suggestion that a person be appointed to represent these recreations. RESOLUTIONS ADOPTED On motion by Pattinson, second MacAllister, Council adopted Resolution Nos. 4684, 4686 and 4687 by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: Shenkman RES NO 4684 - ADOPTED - ARTERIAL HIGHWAY FINANCING PROGRAM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUALIFYING FOR THE ARTERIAL HIGHWAY FINANCING PROGRAM."✓ 1__� RES NO 4686 - ADOPTED - TRANSFER OF HUD PARTICIPATION - TERRY PARK "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING TRANSFER OF THE HUD PARTICIPATION IN TERRY PARK TO THE NEW PARK DEVELOPMENT CONTIGUOUS THERETO, AND REPEALING RESOLUTION NO 4534." Page #6- Council Minutes - 10/2/78 RES NO 4687 - ADOPTED - REVISION OF APPROPRIATIONS FOR FISCAL YEAR 1978/79 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE REVISION OF APPROPRIATIONS FOR FIISCAL YEAR 1978-79." RES NO 4685 - ADOPTED - MINIMUM EXCISE TAX - COMMUNITY ENRICHMENT LIBRARY FEE - REFUND OF EXCISE TAX OVERPAYMENT The City Clerk presented Resolution No. 4685 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A MINIMUM EXCISE TAX FOR HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 3.40 ENTITLED COMMUNITY ENRICHMENT LIBRARY FEES, AND TO REFUND EXCISE TAX OVERPAYMENTS." Councilman Mandic stated that he believed 'Commercial' and 'Industrial' should be taken out of the structure, as there was some inequity. A motion was made by Mandic, seconded by Pattinson, to eliminate 'Commercial' and 'Industrial' establishments from the Community Enrichment Library Fees. Council- man MacAllister requested the City Attorney to clarify the matter upon which con- siderable discussion was held by Council. The motion carried by the following vote: AYES: Pattinson, Thomas, Bailey, Mandic, Siebert NOES: MacAllister ABSENT: Shenkman A motion was made by Pattinson, seconded by MacAllister, to refer the resolution back to the City Attorney for revisions. Following discussion, this motion was withdrawn. Following further discussion, a motion was made by MacAllister, seconded by Pattinson, to adopt Resolution No. 4685 as amended. The motion carried as follows: AYES: Pattinson, Thomas, Bailey, Mandic, Siebert, MacAllister NOES: None ABSENT: Shenkman CLARIFICATION OF THE TERMS - "BOARDS", "COMMISSIONS" AND "COMMITTEE" - (RCA 78-42) The City Administrator referred to his communication regarding recommendations of the Charter Revision Committee that the terms "boards", "committee", and "comm- ission" be defined in order to promote uniformity. A motion was made by Pattinson, seconded by Bailey, to direct the City Attorney to prepare an ordinance adopting the definitions as recommended by the Charter Revision Committee. Councilwoman Bailey gave reasons why she believed a further study should be made before acting upon the matter. Administrative Aide Jeri Chenelle informed Council that Special Events "Board" and Meadowlark "Board" were the correct definitions in these instances. Considerable discussion was held by Council on the matter. Councilwoman Bailey inquired whether a definition could be used for Council, to which Jeri Chenelle responded that an amendment could be made to include Council by adding another category. 1 S•.1 Page #7 - Council Minutes - 10/2/78 A motion made by Pattinson carried unanimously. HUNTINGTON BEACH CONCERT BAND - CITY FUNDS APPROVED - RCA 78-49 The City Administrator referred to his communication regarding the Huntington Beach Concert Band's request for operating expenses for 1978-79 in the amount of $5,000. A motion was made by Mandic, seconded by Bailey to (a) Continue official support of the Band without funding, directing the Special Events Committee to work with them in raising funds, and (b) Authorize expenditure of $630.58 for salaries of the Band Manager and the Band Director, during budget deliberations. Councilman Pattinson gave reasons why he was not in favor of the motion. Councilman MacAllister stated that he did not believe the matter should have come before Council because the money had been spent. The motion carried by the following vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert NOES: Pattinson ABSENT: Shenkman RES NO 4688 ADOPTED - EXPENSE POLICY The City Administrator referred to his communication relative to a business expense policy for City officers and employees and a list of conference and related expenses recommended for Council'a approval. He stated that there had been a correction, since the City is no longer associated with the National League of Cities. RES NO 4688 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A BUSINESS EXPENSE POLICY FOR ALL OFFICERS AND EMPLOYEES OF SAID CITY." A motion was made by MacAllister, seconded by Pattinson, to adopt Resolution No. 4688 and authorize the expenditure of funds from department budgets for the conferences, as submitted to the City Administrator. Councilwoman Bailey stated that it was her understanding that a maximum would be set for meals and she would prefer to have this written in. Discussion was held by Council on the matter. On motion by Siebert, second Bailey, the motion was amended to specify $25 per day for meals. Councilman MacAllister stated that higher expenses would be approved by Council as and when they occur. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert NOES: Thomas ABSENT: Shenkman A motion was made by Pattinson, seconded by MacAllister, to adopt Resolution No. 4688, as recommended. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert NOES: Thomas ABSENT: Shenkman Further discussion was held on the matter and it was clarified that these monies were not funded in the budget, but would, however, come from funded departments. 53 Page #8 - Council Minutes -- 10/217$ AIR QUALITY MANAGEMENT PLAN - PRELIMINARY DRAFT - BAILEY APPOINTED TO REVIEW The City Administrator referred to his transmittal dated September 21 in which he informed Council that the Planning Commission had appointed Chairman Ruth Finley and John Stern to review and prepare comments on recently released Preliminary Draft Air Quality Management Plan (comments on this document were due prior to Oct- ober 2, 1978). He informed Council that the Planning Department had requested that a Council person be asked to participate in review and formulation of comments. The Acting Planning Director addressed the matter, following which, Councilwoman Bailey was assigned to represent Council. WORD PROCESSING REPORT The City Administrator referred to his transmittal dated September• 28, which attach- ed a memo from Darrel Cohoon, former Assistant to the City Administrator, regarding the Word Processing Center. He informed Council that since they had previously expressed a desire to obtain maximum usage of this facility by all departments, he had included several recommendations, which he would like to have implemented as soon as possible. However, he informed Council that due to apparent disagreement, he would now like to hold off on the recommendations until further input could be given to him by Darrel Cohoon. Referring to the City Attorney's request for a legal secretary, he urged Council to consider the matter further and review her report. Discussion was held by Council on the matter. A motion was made by Bailey, seconded by Thomas, to approve the following recommen- dations with the exception of No. 5, the City Clerk's Office. Transfer Legal Secretary vacancy in the City Attorney's Office to Admin- istration's Word Processing Division. 2. Transfer one Redactron in City Attorney's Office to the Word Processing Center. 3. Do not fill Administrative Secretary position in the City Administrator's Office. 4. Vacancy for a CETA Clerk in PIO should be filled. 5. Do not fill the vacant Clerk -Typist Sr. position in the City Clerk's Office pending a study on the greater use of Word Processing within the Clerk's Office. 6. Study appropriateness of the use of the two Mag Card A's in the Police Department. 7. Undertake part of the Planning Department's work by the Word Processing Center. Councilman MacAllister expressed concern for the confidential nature of some mater- ial which might be undertaken by Word Processing. He believed the motion to be premature and was not in favor of it. Councilman Pattinson believed that the con- cerns of the City Attorney were valid and was not in favor of the motion. The City Administrator reminded Council that each department has its own private secretaries 1 !F �ly Page #9 - Council Minutes - 10/2/78 for work of a confidential nature. Patti Schwartz, Word Processing Coordinator, addressed Council and informed them that her department was capable of handling confidential matters. The City Clerk addressed Council with regard to what could and could not be done by Word Processing in her department. She stressed that there was very little that they could do in order to aid her department and that Word Processing could in no way replace the staff necessary to her department's operation. Following further discussion, the motion carried by the following roll- call vote: AYES: Thomas, Bailey, Mandic, Siebert NOES: Pattinson, MacAllister ABSENT: Shenkman NEWLAND HOUSE LANDSCAPING ✓ The City Administrator referred to his previous transmittal of September 14, 1978, in which he brought to Council's attention the applications for landscaping of Newland House. At this time, Council had approved the necessary authorization per- mitting the Planning Staff to complete the necessary forms and waive fees on the project. He requested Council's direction as to their willingness to expend the amount for preparation of an Environmental Impact Report. The City Administrator informed Council that subsequent to that time, he had re- ceived a communication from James Palin, Acting Planning Director, indicating possible opposition by the San Juan Capistrano Indian Council and.various archae- ological groups to any disturbance of the existing shell midden on the Newland House site. If an Environmental Impact Report is required,.rather than a Negative Declaration, Mr. Palin stated that he believed that the Planning Department had neither the expertise necessary, or manpower at this time, to conduct such a study. He estimated that the cost of an EIR would be in the neighborhood of from $3,000 to $5,000. On motion by MacAllister, second Siebert, Council reaffirmed the City's stand taken some time ago, not to take action on an EIR or ND. Discussion was held on the matter. Councilwoman Bailey stated that she believed the City would be negligent in not doing an EIR, however,she had reservations in approving the $3,000 to $5,000. Councilman MacAllister believed the City should take a firm stand on the matter. Councilman Pattinson pointed out that the Acting Planning Director had informed Council that an EIR was not required. The Acting Planning Director addressed and clarified the matter. A vote was taken on the motion which carried as follows: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert NOES: Thomas f ABSENT: Shenkman J JUNIOR LIFEGUARD TOUR - NEW ZEALAND - LT RICHARDSON W/PAY - APPROVED The City Administrator referred to a transmittal from the Director of Harbors and 55 Page #10 - Council Minutes - 10/2/78 Beaches, informing Council that from December 12, 1978, to January 7, 1979, fourteen of the City's Junior Lifeguards, together with three team managers, would be touring New Zealand on an educational, competitive and cultural exchange. He informed Council that they would also be visiting the City of Waitemata (sister city to Huntington Beach). The Director of Harbors and Beaches requested in the transmittal, Council's approval of Lt. William J. Richardson's receiving compensation with pay while on tour. A motion was made by Siebert, seconded by Pattinson, that Lt. William J. Richardson received compensation with pay while on tour of New Zealand from December 12, 1978 to January 7, 1979. The motion carried as follows: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert NOES: Thomas' ABSENT: Shenkman INFORMAL PEITIONS RE: MCFADDEN AVENUE CLOSURE - ACTION DEFERRED TO 11/6/78 The City Clerk presented a communication from Glen Davison, transmitting an infor- mal petition listing residents of the Bolsa Park, Dutch Haven tracts requesting that Council reconsider the proposed closing of McFadden Avenue at. Bolsa Chica and to adopt instead, an alternate solution requested by the majority of the petitioners. A motion was made by Pattinson, seconded by MacAllister to reaffirm previous Council action and close McFadden Avenue at Bolsa Chica Street. Councilwoman Bailey gave reasons why she would like to have the opportunity to re- consider the matter before taking further action. Councilman Mandic stated that he had been told that the closure of McFadden Avenue at Balsa Chica Street was the agreed upon solution to the problem, however, he be- lieved that there was a difference of opinion and would like the matter brought back before Council for reconsideration. Councilman Thomas stated that he was not in favor of closing McFadden Avenue. Councilman Pattinson believed that the matter had been dealt with and should be left alone. Mayor Pro Tempore Siebert stated that he preferred to look into the matter and gave reasons for his opinion. Council- man MacAllister believed that Council should stick to their decisions. Further discussion was held on the matter between Council and staff. The motion made by Pattinson, seconded by MacAllister, failed by the following vote: AYES: Pattinson, MacAllister NOES: Thomas, Bailey, Mandic, Siebert ABSENT: Shenkman Mayor Pro Tempore Siebert directed that the matter be deferred to a future Council meeting. He stated that he would like to meet with the Director of Public Works and other department heads to look at costs, etc. A motion was made by Siebert, second Mandic, to defer action on the matter to the November b, 1978, Council meeting, The motion carried by the following vote: AYES: Thomas, Bailey, Mandic, Siebert NOES: Pattinson, MacAllister ABSENT: Shenkman Page #11 - Council Minutes - 10/2/78 ORDINANCES ADOPTED ,� ORD NO 2322 - ADOPTED - ANIMAL CONTROL On motion by Pattinson, second Siebert, Council adopted Ordinance No. 2322. - "AN ORDINANCE OF THE'CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO SECTION 7.04.020 PERTAINING TO ANIMAL CONTROL." by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: Shenkman ORD NO 2318 - FAILED - AUTHORITY TO ISSUE CITATIONS The City Clerk presented Ordinance No. 2318 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO SECTION 1.16.080 PERTAINING TO AUTHORITY TO ISSUE CITATIONS." for Council's consideration. A motion was made by MacAllister, seconded by Pattinson, to adopt Ordinance No. 2318. Councilwoman Bailey stated that she believed that there might be a problem with regard to enforcing the code due to the shortage of manpower in the Planning Depart- ment and gave other reasons why she did not favor approval of the ordinance. Following discussion, a vote was taken on the motion, which failed by the following roll call vote: AYES: Pattinson, MacAllister NOES: Thomas, Bailey, Mandic, Siebert, Shenkman ABSENT: Shenkman ORDINANCES FOR INTRODUCTION ORD NO 2325 - SPEED LIMITS On motion by Bailey, second Mandic, Council approved introduction of Ordinance No. 2325 -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10.12.070 PERTAINING TO SPEED LIMITS ON STATE HIGHWAYS WITHIN THE CITY BOUNDARIES." The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: Shenkman ORDINANCE NO 2324 - APPROVED FOR INTRODUCTION AS AMENDED - COMMUNITY ENRICHMENT LIBRARY FEES The City Clerk presented Ordinance No. 2324 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 3.40.020 AND 3.40.030 - THEREOF PERTAINING TO COMMUNITY ENRICHMENT LIBRARY FEES." for Council's consideration. Page #12 - Council Minutes - 10/2/78 Councilman Mandic, stated that he would like to remove the terms "Industrial" and "Commercial" from the ordinance. The City Attorney suggested that the ordinance be modified to include the wording "An excise tax as would be imposed upon the construction of any residential, commercial and industrial unit and mobile park in the City as such may be established by resolution". A motion was made by MacAllister, seconded by Bailey to approve introduction of Ordinance No. 2324 with modifications as suggested by the City Attorney. Councilman Pattinson informed Council that he had a suggestion for implementation in the ordinance, which he read: "S. 3.40.020, Subsection (e) Exemption - The effective date for the issuance of any building permit otherwise subject to im- position of the tax imposed by this section shall relate back to the date that actual construction was commenced or to the date any foundation permit was actually issued by the City, whichever event first occurred. Building permits so issued prior to enactment of this ordinance, are exempt from the tax imposed by this section." Discussion was held on the previous motion made by Councilman MacAllister, following which the motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: Shenkman The City Attorney recommended that Resolution No. 4685 be modified; the title should read. Resolution No. 4685 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNT- INGTON BEACH ESTABLISHING A MINIMUM EXCISE TAX FOR HUNTINGTON BEACH MUNICIPAL. CODE CHAPTER 3.40 ENTITLED, 'COMMUNITY ENRICHMENT LIBRARY FEES,' TO EXEMPT COMMERCIAL AND INDUSTRIAL UNITS AND TO REFUND EXCISE TAX OVERPAYMENT." A motion was made by Siebert, seconded by MacAllister to accept the recommendation of the City Attorney in rewording the title. The City Attorney included two further should be added. Councilman Pattinson clause suggested by the City Attorney. A motion was made by Pattinson to adopt recommended by the City Attorney. The Attorney suggested that the Resolution that he would like to see it adopted at clauses in the resolution which she believed stated that he was in favor of the second the resolution with the second clause as motion died for lack of a second. The City be deferred. Councilman Pattinson stated this time with the cut to $.05. The Council then directed that Resolution No. 4685 be referred to the City Attorney for revision. No action was taken on the"?fotion. ORD NO 2323 - TABLED - ADMINISTRATION OF THE OIL CODE The City Clerk presented Ordinance No. 2323 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING ORDINANCE NO 2309 AND SECTION 15.04.03 ; AND ADDING THERETO A NEW SECTION 15.04.030 PERTAINING TO ADMINISTRATION OF THE OIL CODE." ,for Council consideration. A motion was made by Bailey, seconded by Mandic to table the matter. The motion carried unanimously. 5 Page #13 - Council Meeting - 10/2/78 ✓ ORD NO 2326 - TO BE RESEARCHED - "INTERNAL AUDITOR" The City Clerk presented Ordinance No. 2326 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 2.46 ENTITLED, "INTERNAL AUDITOR", for Council's consideration. A motion was made by MacAllister, seconded by Pattinson, to table the matter. Following discussion a vote was taken on the motion, which failed as follows: AYES: Pattinson, MacAllister NOES: Thomas, Bailey, Mandic, Siebert ABSENT: Shenkman A motion was made by Thomas to approve Ordinance 2326 with the wording changed in order that the Internal Auditor be put under direction of the. City Council. The motion died for lack of a second. Councilwoman Bailey agreed with Councilman Thomas that some wording could be changed. A motion was made by Bailey, seconded by Thomas, that on Page 2 of the Ordinance - S 2.46.070, where it states "the Internal Auditor shall submit to the City Council this be changed to say "the members of the City. Council,"and also add "a confid- ential" monthly written report. Councilman MacAllister stated that he was in opposition to the total concept that the Internal Auditor report directly to the City Council. In his opinion, Council should be a policy -making board and not act in the capacity of 'administrators'. He stated that the City Charter specifies that employees should report to the City Administrator and not directly to the City Council. In conclusion, he believed Council was totally 'off base' in making the suggestion and would vote against such a motion. Councilman Pattinson concurred with MacAllister and confirmed that the City Charter states that the every -day running of the City will go through the City Administrator and to challenge this was in his opinion, in violation of the Charter; an opinion he would go on record as stating. The City Attorney requested the opportunity of carefully reviewing the matter in order to make a determination of whether having a member of the personnel system in such a capacity, independent of the City Administrator and answering in no way to the City Administrator was possible. In her opinion this was an area which warranted some attention. Following further discussion between Council and staff, Councilwoman Bailey withdrew her motion. Mayor Pro Tempore Siebert directed the City Attorney to review the City Charter and the implications of such an ordinance and report back to Council by the November 6, 1978 Council meeting. 'DRAINAGE REIMBURSEMENT - NO CHANGE TO BE MADE The City Administrator referred to a communication from the Department of.Public Works regarding a request from Robert Zinngrabe, President of Delma Care Center, that the Municipal Code relating to drainage reimbursements be changed to allow for 100% refund and to remove the five year limitation on refunds. On September 18, 1978, Council referred this item back to staff. A motion was made by MacAllister, seconded by Bailey, to reimpose the drainage fees plus a maximum of 5% administrative costs. The City Administrator confirmed that the motion was to change the maximum administrative costs from 90% to 95%. 5!1 Page #14 - Council Meeting - 10/2/78 Councilman Pattinson believed that the actual costs should be stated and the 5% amount not specified. He stated that he was opposed to the motion. Councilman Thomas believed that the amount should remain at 90% and was also against the reimbursement. The motion made by MacAllister, seconded by Bailey, failed by the following vote: AYES: MacAllister, Bailey NOES: Pattinson, Thomas, Mandic, Siebert ABSENT: Shenkman A motion was made by Pattinson to direct the City Attorney to prepare an ordinance change amending Section 14.48.070 and placing a ten-year limitation on the drainage reimbursement agreements, increasing the maximum refund from 90% to 100%, plus actual costs. The motion died for lack of a second. A motion was made by Siebert, second Thomas,in opposition to the recommended action, leaving it at 90%. Councilman Pattinson stated that this was a negative motion and he would go on record as being in favor of the recommended action, which would make the maximum refund from 90-100%. Mayor Pro Tempore Siebert clarified his motion as follows: To reject the recommended action and leave Section 14.48.070 as it is now. The motion carried as follows: AYES: Thomas, Bailey, Mandic, Siebert NOES: Pattinson, MacAllister ABSENT: Shenkman APPEAL - TENTATIVE PARCEL MAP 76-50 - APPROVAL DENIED SUBJECT TO FINDINGS OF THE nl AMRITRII• rnRAPLITCCTARI Ar IlARIrArMARIr•r TA TIIP' PrRlrnm ni AM The City Clerk presented an appeal, filed by Councilman John Thomas, to the Board of Zoning Adjustment's approval of an amendment to TPM No. 76-50 - a two -lot div- ision of land. The subject property is located on the northwest corner of Dunbar Street and Leslie Drive in an R2 Medium Density Residential District. The public hearing was closed September 18, 1978. Councilman Mandic stated that he was opposed to the recommended action which was to overrule the Board of Zoning Adjustments and deny Tentative Parcel r4ap No. 76-50 and believed the proper procedure should be gone through. Councilman Thomas gave reason why he had made the appeal. He believed that if the Parcel Map was approved, it might set a precedent and in his opinion, the proper procedures should be followed. Councilman MacAllister did not believe that the proper procedure had been followed; that the developer had been kept waiting upon a decision over a period of two years at a financial cost to him on what should have been a routine matter. In his opinion, Council should approve the parcel map. He suggested that following approval, Council study and simplify the code book. Following discussion, a motion was made by Pattinson, seconded by MacAllister, to leave the property as it is; not to overrule tha Board of Zoning Adjustments, and approve Tentative Parcel Map No. 76-50. Discussion was held between Council and the City Attorney, following which, Councilman Pattinson clarified his motion Page #15 - Council Minutes - 10/2/78 to read; "Sustain the Board of Zoning Adjustments and approve Tentative Parcel Map No. 76-50". Councilman Thomas stated that in his opinion, the Board of Zoning Adjustments should not be making these decisions; the Planning Commission should, and no exceptions should be made by Council. Councilman MacAllister gave reasons why he supported the motion made by Councilman Pattinson. Councilman Mandic stated that he did not support the motion. The motion failed by the following tie -vote: AYES: Pattinson, MacAllister, Bailey NOES: Thomas, Mandic, Siebert ABSENT: Shenkman The City Attorney stated her opinion that no action had been taken since the motion had resulted in a tie -vote, thereby sustaining the action of the B.Z.A. and approv- ing TPM #76-50. Councilman Pattinson stated that in his opinion, the matter should be continued until such time as there was a full Council available to vote. A motion was made by Pattinson, seconded by MacAllister, to continue the matter to the October 16th Council meeting. The motion failed by the following tie --vote. AYES: Pattinson, MacAllister, Bailey NOES: Thomas, Mandic, Siebert ABSENT: Shenkman Mayor Pro Tempore Siebert stated that he did not agree with the City Attorney's ruling that a tie -vote resulted in failure of the motion and stated that he would meet with her to further discuss the matter. He informed Council that the matter would appear on the agenda of the October 16 Council Meeting. NEW BUSINESS . ,/ HUNTINGTON CENTRAL PARK - MASTER CONCESSIONAIRE'S LEASE TO BE STUDIED Councilman Pattinson informed Council that he had requested the City Attorney to investigate some problem areas which she had determined in the lease of the Master Concessionaire of the Huntington Beach Central Park. He stated that he is not happy with the Master Concessionaire and that the City Attorney had come up with some con- fidential information on the matter, of which Council had been apprised. He request- ed that on the next agenda, or as soon as possible, the matter of possibly eliminat- ing the Master Concessionaire in Huntington Central Park be studied; that the City take over activities in the park. Councilman Thomas stated that he would like to have the consensus of Council on the matter. Mayor Pro Tempore Siebert directed that the City Attorney, together with Councilman Pattinson and any other interested Council person, meet on the matter of the Master Concessionaire agreement of Central Park and return to Council with their recommen- dations. CITY POLICY REGARDING OUTSIDE CONFERENCES AND STAFF TIME Councilman Pattinson expressed concern that where outside agencies, Federal agencies, etc. have invited City representation and covered fees involved, that employees while 61 Page #16 - Council Minutes - 10/2/78 representing the City have been using their personal vacation time. He mentioned in particular the Chief of Police who is at present involved in such a situation and is using his vacation time while representing the City in Virginia and New York. Tne City Administrator responded that the policy which addressed the matter had been in effect since 1966 and upon which there had been a great deal of ambiguity, had just this evening been repealed by Policy Resolution which Council had adopted. He believed that in the future there would be no such problem since he would be review- ing such matters individually ORD NO 2309 - OIL CODE - TO BE STUDIED FOR POSSIBLE DUPLICATION Councilman Thomas requested that the City Attorney be directed to abolish Ordinance No. 2309 - Section 15.04.030 by ordinance. He stated that the ordinance was dupli- cated by the Fire Department, besides being in the Building Department and he would like to see both the old code and the new code abolished. Mayor Pro Tempore Siebert suggested that if there is a duplication, a report as to the differentiation between the two departments be presented to Council, before any motion is made on the matter. He directed the City Administrator to have staff re- spond to Councilman Thomas` quest. HUNTINGTON CENTRAL. PARK - STUDY REQUESTED Councilman MacAllister informed Council of his efforts to coordinate the youth sports program in Huntington Central Park. He believed it was necessary to meet with the Recreation and Parks Commission in order to give them some positive direction. which he believed had not,be? done over the past ten years. GOTHARD/TALBERT STORM DRAIN - REQUEST FOR PROPOSALS The City Clerk presented a communication from the Department of Public Works regard- ing the need for construction of the Gothard/Talbert Storm Drain. Letter from Family Home Builders, Inc. received 8/28/78. (This was denied by Council on Sept- ember 5, 7978). A motion to reconsider the matter was passed on September 18, 1978. A motion was made by Pattinson, seconded by MacAllister, to authorize a`.Request For Proposal"(RFP) from consulting engineers for preparation of plans and specifications for the Gothard-Talbert storm drain. Councilwoman Bailey stated that discussion had been held as to whether the Gothard/ Talbert Storm Drain was in conformance with the General Plan. A motion was made by Bailey, seconded by Mandic, to authorize a Request For Proposals" (RFP) from consulting engineers for preparation of plans and specifications for the Gothard/Talbert storm drain, subject to the Planning Commission's finding of con- formance to the General Plan.(The motion was ruled out of order by the Mayor Pro Tem.) Mayor Pro Tempore Siebert informed Council that the amendment could only be made by the maker of the motion. Councilman Pattinson gave reasons why he was not willing to amend his motion. Considerable discussion was held on the matter between Council' and staff. The Director of Public Works referred to a viewgraph of the area and explained the problem. Councilman Thomas gave reasons why he was not in favor of the motion. Following further discussion, the motion made by Pattinson, seconded by MacAllister,carried by the following vote: Page #17 - Council Minutes - 10/2/78 AYES: Pattinson, MacAllister, Bailey, P4andic NOES: Thomas, Siebert ABSENT: Shenkman i PURCHASE OF LAND FOR WATER OPERATIONS FACILITY - DEFERRED TO 11/6/78 The City Clerk presented a communication from the Department of Public Works regard- ing the purchase of three acres of land at Garfield Avenue and Huntington Beach for expansion of the Water Utility Operations Yard. A motion was made by MacAllister, seconded by Pattinson, to authorize the purchase of the Garfield -Huntington Site at the appraised value of $587,500, plus escrow costs. The motion and second were withdrawn. Mayor Pro Tempore Siebert stated that in his opinion, it was not timely to vote on the matter; the price was guaranteed for some time, he believed. Considerable discussion was held by Council on the matter. A motion was made by Bailey, seconded by Pattinson, to defer action to the November 6, 1978, Council meeting. The motion carried by the following vote: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert NOES: Thomas ABSENT: Shenkman PERSONNEL BOARD APPOINTMENT - APPROVED - YODER The City Clerk presented a communication from the Personnel Board regarding the vacancy on the Personnel Board. On motion by MacAllister, second Pattinson, Council appointed Clancy Yoder to fill the position open on the Personnel Board. Tl�e motion carried unanimously. 3 SPECIAL CENSUS - IMPLEMENTATION PROCEEDINGS APPROVED The City Clerk presented a communication from the Planning Department regarding the special census.previously authorized by Council. A motion was made by Bayley, seconded by Pattinson, to direct staff to proceed -with the concept of contracting for services to complete the special census and to pre- pare a Request for Proposal. The motion carryed unanimously. SURPLUS COUNTY PROPERTY - SANDRA LEE STREET,- ACQUISITION DENIED - RCA 78-46 The City Clerk presented a communication from the City Administrator regarding the recommendation of the Recreation and Parks Commission that the City acquire a .7 acre County site for the development of a low maintenance park. Former Councilwoman Norma Gibbs, addressed Council and urged them to look into the long-term future in acquiring the surplus property, pointing out that it was a gift. 63 Page #18 - Council Minutes - 10/2/78 On motion by Pattinson, second MacAllister, Council agreed not to acquire the .7 acre County site. The motion carried as follows: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert NOES: Thomas ABSENT: Shenkman i APPOINTMENT OF MEMBERSHIP TO LOCAL COASTAL PROGRAM CITIZEN ADVISORY COMMITTEE - DEFERRED TO 10/16/78 The City Clerk presented a committee from the Planning Department recommending the appointment of persons to the Local Coastal Program Citizen Advisory Committee as recommended by Councilmembers Bailey, Mandic and Pattinson. A motion was made by Thomas, seconded by MacAllister, to defer action to the October 16, 1978, Council meeting. The motion carried by the following vote: AYES: Pattinson, Thomas, MacAllister, Siebert NOES: Bailey, Mandic ABSENT: Shenkman The Acting Planning Director urged Council to reconsider the matter, pointing out that many people believe the committee will have more power than is realistic. He explained the function and intent of the Local Coastal Program Citizen Advisory Com- mittee. Councilwoman Bailey stated her opinion that Council had appointed three members to choose these people and public participation is encouraged throughout proceedings, which means input can be given in the early planning stage. Councilman Thomas pointed out that there are seventeen members on the committee and in his opinion, at least one member should be replaced by a representative from the Industrial Association, LAKE STREET FIRE FACILITY FUEL TANK - REPLACEMENT DISAPPROVED - RCA 78-45 The City Clerk presented a communication from the City Administrator regarding the need to replace the Lake Street Facility fuel tank. A motion was made by MacAllister, second Pattinson, to approve the expenditure of $10,000 from Contingency Funds for the replacement of the gasoline tank at Lake Station. Councilman Mandic stated that he had spoken with the Fire Chief who had given var- ious alternatives to circumvent the problem. Discussion was held between Council and the Fire Chief on the matter and in particular, to various alternatives. The motion failed by the following vote: AYES: None NOES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert ABSENT: Shenkman Mayor Pro Tempore Siebert directed the Fire Chief to look into various alternatives ,r and report back to Council his findings. �F1. Page #19 - Council Minutes - 10/2/78 APPEAL TO TENTATIVE PARCEL MAP 76-50 - RULING ON TIE -VOTE The City Attorney referred to the matter of the appeal to Tentative Parcel Map No 76-50, which had been voted on earlier in the evening and which vote had resulted in a tie -vote. Mayor Pro Tempore Siebert read from the City Council Manual: "If a vote is a tie, the motion fails except on appellate matters". Therefore, he informed Council that the tie -vote in this instance sustains the motion of the lower body; sustaining the Board of Zoning Adjustments' recommendation. RECESS - RECONVENE - EXECUTIVE MEETING Mayor Pro-Tempore Siebert called a recess of Council at 11:20 P.M. for the purpose of conducting an Executive Session to discuss personnel and litigation matter. The meeting was reconvened at 1:30 A.M. ✓` CALIFORNIA ANIMAL CONTROL VS CITY OF HUNTINGTON BEACH The City Attorney announced that discussion had been held on the pending litigation between the City and the California Animal Control. A motion was made by MacAllister, seconded by Siebert to direct the City Attorney to accept on behalf of the City the offer of settlement in the amount of $2,000 from the California Animal Control. The motion failed by the following tie -vote. AYES: MacAllister, Mandic, Siebert NOES: Pattinson, Thomas, Bailey ABSENT: Shenkman f ITEM RECEIVED AND FILED BY COUNCIL Greyhound Lines, Inc. application to Public Utilities Corporation for rate increase. An.ioi1PNMFNT A motion was made by Pattinson, seconded by MacAllister, to adjourn the regular Council Meeting of the City Council of the City of Huntington Beach at 1:40 A.M. to Tuesday, October 10, 1978 at 6:30 P.M. in the Council Chamber. ATTEST: a,, �;,6, " � �,, &� - - � City Clerk and ex -of icio Clerk of the City Council of the City of Huntington Beach, California pa - �' Cityerk Mayor Pro Tempore �7►t.