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HomeMy WebLinkAbout1978-10-16MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October lb, 1978 A tape recording of this.meeting is on file in the City Clerk's Office. Mayor Shenkman called the adjourned regular meeting of the City Council bf the City of Huntington Beach to order at 6:30 P.M. ROLL CALL Present: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert Shenkman Absent: None PUBLIC HEARING - GENERAL REVENUE SHARING FUNDS - FY 1978-79 -..HEARING CLOSED - ACTION DEFERRED TO_ 11/6/78 Mayor Shenkman announced that this was the day and hour set for a public hearing for the purpose of receiving"written and oral com- ments on the proposed uses of $1,937,211 in General Revenue Sharing Funds during Fiscal Year 1978-79. The City Clerk informed Council that all legal requirements for publication, notification and posting had been met and that no written protests to the matter had been received by her office. The City Administrator informed Council that he had researched Council policy on using revenue sharing for operating expenses. He stated that the policy has been that revenue sharing funds be used solely for capital expenditures but that the amount far ex- ceeds the entitlement. His recommendation was therefore, that the City use the State "bailout" money for operating expenses. Mayor Shenkman listed the revenue sharing amounts by department, as follows: Administration City Treasurer Personnel Finance Library Recreation & Parks Fire Police Public Works Harbors & Beaches $ 73,358 2,122 330 3,408 270,878 183,114 . 201,422 537,528 463,671 2 3 .3$0 $1,937,211 The total recommended revenue sharing expenditures amounted to $1,937,211. The City Administrator requested Council to adopt the General Revenue Sharing Funds this evening if possible. Page ##2 - Council Minutes - 10/16/78 Mayor Shenkman declared the hearing open. Gary Mulligan addressed Council and informed them that he owns a property and business in the downtown area. He stated that he had worked with the former Planning Director .and former Assistant Planning Director and had been informed that $150,000 had been allocated to clean up the downtown area. Mr. Mulligan inquired where this money appeared in the budget. The Acting Planning Director responded to the matter. Gordon Offstein, resident, addressed Council in support of the Library's request for a security system which he believed to be long overdue. He further stated that if the City was going to have a helicopter patrol service that funds come from revenue sharing. 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. Councilmen Pattinson and MacAllister both expressed concern as to whether all the equipment requested by various departments was really necessary. The City Administrator suggested that each department head could clarify his department's requests. Vince Moorhouse, Director of Harbors and Beaches, addressed Council and stated that in his opinion, the City has been play- ing a game of "catch-up" with regard to maintenance of equipment. His department had equipment dating back to 1942 and some of it is so old it must be replaced by new equipment. Mr. Moorhouse informed Council that much of the equipment in City Hall is in such condition. He believed that replacement was long overdue and that there is not enough equipment to do a good job; good and adequate equipment saves manpower, he added. He further informed Council that from an equipment standpoint, he was speak- ing for both Harbors & Beaches and Recreation and Parks, recom- mending that some decisions be made now pertaining to the equip- ment. Earle Robitaille, Chief of Police, addressed Council and stated that all the items listed by his department with the exception of the first and last were replacement items. Ray Picard, Fire Chief, addressed Council and referred to the pumper and the Battalion Chief's station wagon. He explained that the station wagon rotates every 18 months and with regard to the pumper, there is just not enough equipment. He stated that the depart- ment is in need of trucks; that one was being requested now and one through Housing and Community Development funds. Fire Chief Picard endorsed the comments made by the Director of Harbors and Beaches. Councilman Pattinson stated that he did not favor another pumper coming from Housing and Community Development Funds. Page #3 - Council Minutes - 10/16/78 Bill Hartle, Director of Public Works, addressed Council and stated that initially, he had made a request for $3,000,000 but a the re- quest of the City Administrator, had been trimmed back to $463,000. He referred to the Shamel Ash tree program= its cost and estimated time of completion. Mr. Hartge also discussed lighting of the Council Chamber ramp at 17th Street, closure of McFadden Avenue at Bolsa Chica and caulking of the Council Chambers. Councilman Pattinsoh inquired as to how many trees the City had removed and it was determined that some 2,700 Shamel Ash trees, along with various other trees had been removed. Walter, Johnson, Library Director, addressed Council regarding vehi- cle replacement and a security system for the library. He pointed out that it was not just a question of replacing the 2,000 to 3,000 books stolen annually but the frustration in replacing the kinds of books on a continued basis. In particular, he informed Council, real estate tract books and medical books were continually dis- appearing. Discussion was held on shelving for the Children's Department. In regard to the outside pools at the library, the Library Director explained the situation, the estimated cost of operating and main- taining the fountains, and various suggested alternatives. It was determined that the vehicle to be replaced was a 1969 station wagon. The City Administrator stated that he believed the pool situation at the library to be a critical item which should be discussed. He requested time to pursue alternatives which would be presented to Council. Vivian Borne, Superintendent, Recreation, Parks and Human Services, addressed Council in answer to Councilman Pattinson's inquiry as to how termite extermination at the City Gym and Senior Center amounted to a total cost of $7,500. Don Kiser, Division_ Engineer, explained the procedure and problems encountered in the extermin- ation process. Further discussion was held between Council and the Chief of Police regarding the "black and whites" and the approximate number of re- placements on a yearly basis. Councilman Siebert suggested that where similar cars are used by the City, the type and make be kept, if possible,'the same in order to simplify maintenance. The City Administrator informed Council that it was necessary for a permanent site to be found for the heliport. He pointed out that the site now being leased would be sold by the lat of January, 1979. Councilman Thomas suggested that a floating slab be built and left to settle where it is. The City Administrator stated that the property it is on, was acquired from the County for the purpose of building a park and that the County has been requesting the City to move from the site, or reimburse them at 50% of the current market value. Discussion was held regarding an alter -- native site. Page #4 - Council Minutes - 10/16/78 Mayor Shenkman stated that he would like to bring approval of the General Revenue Sharing Funds back as an agenda item at a regular scheduled Council meeting. He suggested that in the.meantime, Council members with questions on the matter discuss them with the City Administrator. Councilman Pattinson was of the opinion that a study session should be conducted prior to adoption. Mayor Shenkman directed the City Administrator to poll individual mem- bers of the Council as to a suitable time for a study session. Councilwoman Bailey reminded Council that the City would be receiving $900,000 less than was anticipated and this should also be taken into consideration. ADJOURNMENT Mayor Shenkman adjourned the adjourned regular meeting of the City Council of the City of Huntington. Beach at 7:25 P.M. City Clerk and ex—officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: ..ile" � City Clerk Mayor UU111i*9 Council Chamber, Civic Center Huntington Beach, California Monday, October 16, 1978 Mayor Shenkman called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. The Pledge of Allegiance was led by Councilman Siebert. The invocation was given by Gary B. Dixon, Minister of Education, Calvary Baptist Church. ROLL CALL Present: Pattinson, Thomas, MacAllister, Baildy, Mandic, Siebert, Shenkman Absent: None PRESENTATION - CUB SCOUT PACK 285 WEBELOS Mayor Shenkman introduced Leader Larry Clark and scout members of Cub Scout Pack 285 Webelos to the audiences. PRESENTATION - PERUVIAN LIFE SAVING ORGANIZATION NATIONAL POLICE The Director of Harbors and Beaches introduced four representatives from the Peruvian Life Saving Organization who were also members of the Peruvian Na- tional Police, who handle public safety in that country. He informed Council that the President of Peru had arranged for these representatives to visit Huntington Beach in order to study life-saving methods. Mayor Shenkman pre- sented each of the members with a key to the City, and they in turn presented him, along with the other Council members, with a token from Peru. MAYOR'S RETIREMENT - 1214/78 Mayor Shenkman announced that due to substantial new responsibilities in his professional life, he would no longer be able to serve the City in the capacity of Mayor and as a member of the City Council. He stated that he intended to continue serving in any voluntary capacity where he might assist the community. The retirement, he stated would become effective December 4, 1978, or should Council desire and can agree on an appointment prior to that date, he would retire at that time. CONSE14T CALENDAR ITEMS APPROVED On motion by MacAllister, second Pattinson, Council approved the following items, as recommended, by the following roll call vote: e� Page #2 - Council Minutes - 10/16/78 AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None MINUTES - APPROVED Approved and adopted minutes of the adjourned regular meeting of September 18, 1978, as written and on.file in the Office of the Clerk. ENVIRONMENTAL COUNCIL RESIGNATION - LEWINGER - Accepted, with regret, the resigna- tion of Keith Lewinger from the Environmental Council and directed that an appro- priate commendation be prepared. APPLICATION FOR COUNCIL PERMIT - FUN 'N' GAMES, INC. OF ORANGE COUNTY - Approved application for Council permit submitted by Rod Cathcart and John W. Daniels, Jr., to conduct an amusement center at 7561 Center Drive (Old World Shopping Center), filed pursuant to the Huntington Beach Municipal Code. PLANS AND SPECIFICATIONS/CALL FOR BIDS - WATER MAIN (CC-398) - Approved plans and authorized calling for bids to install 2300 ft. of 12 inch water main in Main Street as a part of the Main Street sewer project. CHANGE ORDERS - SIX PARKS - (CC-3O1)- Approved Change Orders 4-7 totalling $2,215.75 for Project CC-301 - Terry, Robinwood, Hawes, Pleasant View, Newland and Marina Parks and authorized this increase in thecontract price. PLANS AND SPECIFICATIONS - PUMPING EQUIPMENT (CC-479) - Approved plans and specifications for the purchase of the pump, gear drive and natural gas engine for Unit #5 of the Slater Storm Drain Pump Station. READVERTISEMEN T FOR BIDS - MCFADDEN AVENUE IMPROVEMENTS (CC-300) - Authorized the readvertisement for bids for the McFadden Avenue Improvements, (Westminster) Gothard Street to the San Diego Freeway - AH F 763. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM & LATE CLAIM NO 78-102 - MUNSON - Refused Application for Leave to Present Late Claim and rejected Late Claim No. 78-102 filed by Allen & Flatt, Attorneys at Law, on behalf of Janet A. Munson for alleged personal injuries and property damages incurred on or about December 15, 1977 in the vicinity of Victoria Street, near its intersection with Valley Street in the City of Costa Mesa, near the boundary of the City of Huntington Beach and Costa Mesa. PLANS AND SPECIFICATIONS - CALL FOR BIDS - PUBLIC IMPROVEMENTS (CC-412) - APPROVED The City Clerk presented a transmittal from the Director of Public Works stating that prior approval to advertise for bids for public improvements at five of the locations had been given but that three more similar projects have now been added which have not yet been approved by Council. Councilman Mandic expressed concern that the improvements should have been put in when the land was developed. The Director of Public Works responded. Page #3 - Council Minutes - 10/16/78 Following further discussion, a motion was made by Pattinson,, seconded by Mac- Allister, to reaffirm prior actions to call for bids for public improvements on Warner Avenue, Goldenwest, Graham and Gothard Street, approving plans and speci- fications for additional improvements on Gothard and Palmdale Streets and authorized call for bids of eight projects (CC-412). The motion carried by the following vote: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Thomas ABSENT: None RELOCATION AGREEMENT - SOUTHERN CALIFORNIA EDISON CO - DEFERRED TO 11/6/78 The City Clerk presented a transmittal from the Director of Public Works informing Council that in order to proceed with improvement of Graham Street, north of Edinger Avenue, Southern California Edison Company facilities must be relocated. A dispute has arisen between the Edison Company and the City as to who should bear the cost of the relocation. The Director of Public Works recommended that Council approve the accompanying relocation agreement and authorize the Mayor and City Clerk to sign same. Councilman Mandic believed that the recommended action was not in the best interest of the City. The Director of Public Works informed Council that the City Attorney's office and the Edison Company had been discussing the matter but there had been no decision as to who is responsible for relocation of the poles. The Director of Public Works stated that he would like to have the poles relocated before the. rainy season sets in. Following further discussion, Mayor Shenkman directed the City Administrator to arrange a meeting, as soon as possible, between the Edison Company and City officials in an effort to resolve the situation. He directed that the matter be brought before Council for approval at the November 6, 1978 Council meeting. PARCEL MAP 76-50 - HARBOR BLUFFS DEVELOPMENT - APPROVAL WITH FINDINGS OF FACT DISAPPROVED The City Clerk presented a transmittal from the Director of Public Works requesting approval of Parcel Map 76-50. The City Administrator explained that the Acting Planning Director had prepared 'Findings of Fact' which he had distributed to Council that evening. They were entered into the record as follows: 1. The proposed subdivision of this .507 acre parcel of land zoned R2 (which allows 15 units per gross acre) is proposed to be constructed having 16 units per gross acre. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation for this type of housing. 3. The property was previously studied for this intensity of land use at the time the land use designation for low density residential was placed on said property. 4. The lot size, depth, frontage, street widths, and all other design and improve- ments features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifications on file with the City, as well as in compliance with the State Map and supplementary City Subdivision Ordinance. Page #4 - Council Minutes - 10/16/78 A motion was made by Pattinson, seconded by MacAllister, to approve final Parcel Map 76-50 including 'Findings of Fact" as presented by the Planning Department, accept the offer of dedication pursuant to the mandatory findings set forth in Section 66474 of the Government Code and instruct the City Clerk to execute same and to release for processing by the County. Councilwoman Bailey stated that she was not willing to vote on the matter with the findings as presented. Considerable discussion was held by Council on the 'Findings of Fact', which were explained by the Acting Planning Director. The motion failed by the following vote: AYES: Pattinson, MacAllister, Shenkman NOES: Thomas, Siebert, Mandic, Bailey ABSENT: None / PUBLIC HEARING - REQUEST FOR TAXICAB RATE INCREASE - RES NO 4676 - NEW RATES FOR TAXICABS - ADOPTED - RCA 78-30 Mayor Shenkman announced that this was the day and hour set for a public hearing, which had been continued from the September 18, 1978 Council meeting, on a request from Orange Coast Yellow Cab., Inc., to increase taxicab rates in the City (hear- ing held pursuant to Chapter 5.48 of the Huntington Beach Municipal Code. The City Clerk informed Council that all legal requirements for publication, notification and posting had been met and that no oral or written protests to the matter had been received. Mayor Shenkman declared the hearing opened. Herman Tate, representing Orange Coast Yellow Cab, addressed Council regarding an increase in taxicab rates in the City. Discussion was held on the matter and it was determined that the present rates for taxicabs was set two years ago. 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. A motion was made by MacAllister, seconded by Mandic, to adopt Resolution No. 4676 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A NEW SCHEDULE OF RATES FOR TAXICAB COMPANIES IN SAID CITY." Councilman Pattinson gave reasons why he was not in favor of the motion. Councilman Siebert requested Mr. Tate to explain how the increase in rates was justified. Mr. Tate referred to increase in insurance and the dificulty encountered in paying the coverage. The motion carried by the following vote: AYES: Thomas, MacAllister, Mandic, Shenkman NOES: Pattinson, Siebert, Bailey / ABSENT: None / t PUBLIC HEARING - APPEAL TO DENIAL OF CUP NO 78-13/TT 10414 - PC OVERRULED - WITH FINDINGS AND CONDITIONS Mayor Shenkman announced that this was the day and hour set for a public hearing for the purpose of reconsidering the City Council's previous action which upheld the Planning Commission's denial of Conditional Use Permit No. 78-13 and Tentative Tract 10414. CUP 78-13 is a proposal to construct a 6 unit planned residential development. TT 10414, a one -lot subdivision, is in conjunction with said CUP. The subject property is located on the north side of Los Patos Drive approximately Page #5 - Council Minutes - 10/16/78 254 feet west of Lynn Street in an Rl, Low Density Residential District. The Acting Planning Director addressed Council and stated that the only additional information he would like to bring to their attention is the October 16, 1978 communication in which staff makes a recommendation, aside from the recommendation of the Planning Commission. The City Clerk informed Council that all legal requirements for publication, notification and posting had been met and that other than the appeal, no oral or written protests to the matter had been received. Mayor Shenkman declared the hearing open. James McKeighen, appellant, addressed Council and informed them that he had been working with the Planning and Engineering Departments to resolve problems raised. He elaborated on the problems and steps he had taken to remedy them. With regard to acquisition of additional property, he distributed to Council copies of letters sent to adjoining neighbors in an attempt to purchase same. He stated that he had made offers on the properties over a number of years which have been totally ignored. In conclusion, Mr. McKeighen thanked everybody concerned with the matter. There being no one further to speak on the matter and there being no further pro- tests filed, either oral or written, the hearing was closed by the Mayor. Councilman Pattinson inquired of the Acting Planning Director whether the project was desirable or undesirable. The Acting Planning Director responded that he believed that the Planning Director represents the point of view of the Planning Commission, however, Council desired that he also present staff recommendations. He elaborated upon the recommendations of the Planning Department. A motion was made by Pattinson, seconded by MacAllister, to overrule the Planning Commission and approve Conditional Use Permit No. 78-13 and Tentative Tract No. 10414, with findings and conditions of approval submitted by the Acting Planning Director as follows: TENTATIVE TRACT NO. 10414 FINDINGS: 1. The proposed subdivision of this .90 acre parcel of land zoned R1 (which allows 7 units per gross acre) is proposed to be constructed having an allowable density by code and general plan standards. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation for this type of housing. 3. The property was previously studied for this intensity of land use at the time the land use designation for low density residential was placed on said pro- perty. 4. The project, as proposed, and conditioned, meets the criteria for "Special Permits" in that, although the project is constrained by limited area and its configuration, the amenities provided and design furthers the intent of the code and achieves the criteria of the Ordinance Code restated as follows: S(x Page #6 - Council Minutes - 10/16/78 A. The project will promote better living environments: B. The project will provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design; C. The project will not be detrimental to the mental health, welfare, safety, or convenience of the neighborhood and City in general, nor be detrimental or injurious to the value of property or improvements of the neighborhood with the City in general, and D. The project would be consistent with the objectives of planned development standards in achieving a development adapted to the terrain and compatible with the surrounding environment. CONDITIONS OF APPROVAL: 1. The tentative map received October 6, 1978 shall be the approved layout. 2. Los Patos Avenue shall be dedicated and improved to the ultimate right-of-way. 3. The developer shall submit a 35 year hydraulogy and hydraulic study and 100-year calculations for the protection of structures per the Orange County Flood Control District's requirements. 4. The sewer, water and fire hydrant system shall be subject to City standards. 5. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of a final map. This system shall be designed to provide for siltation and erosion control both during and after construction of the project. 6. No final map shall record until the Phase II portion of the Warner Avenue sewer has been approved for construction by the City Council. Occupancy of any structure shall be prohibited until said sewer is operative. 7. The design of grading and drainage of the property shall be subject to approval of the Department of Public Works and the Department of Building and Community Development. 8. Los Patos Avenue shall be improved to the centerline of the street between Lynn and Sims Streets. 9. The sewer and water facilities shall be through the City's sewer and water sys- tems. CONDITIONAL USE PERMIT NO. 78-13 FINDINGS: 1. The proposed subdivision of this .90 acre parcel of land zoned R1 (which allows 7 units per gross acre) is proposed to be constructed having an allow- able density by code and general plan standards. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation for this type of housing. Page #7 - Council Minutes - 10/16/78 3. The property was previously studied for this intensity of land use at the time the land use designation for low density residential was placed on said property. 4. The project, as proposed, and conditioned, meets the criteria for "Special Permits" in that, although the project is constrained by limited area and its configuration, the amenities provided and design furthers the intent of the code and achieves the criteria of the Ordinance Code restated as follows: A. The project will promote better living environments: B. The project will provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design; C. The project will not be detrimental to the mental health, welfare, safety, or convenience of the neighborhood and City in general, nor be detrimental or injurious to the value of property or improvements of the neighborhood with the City in general, and D. The project would be consistent with the objectives of planned development standards in achieving a development adapted to the terrain and compatible with the surrounding environment. CONDITIONS OF APPROVAL: 1. The site plan received and dated October 6, 1978 shall be the approved layout. 2. All details and amenities of the development as shown on the site plan submitted for approval shall be constructed within the development such as the tennis court and swimming pool. 3. Prior to the issuance of building permits, the developer shall submit a final landscape plan for review and approval by the Planning Department and the Department of Public Works. Said landscape plans shall be in conformance with Section 9312.16 of the Huntington Beach Ordinance Code and shall indicate all street hardware including project identification signs, street signs, street lighting, etc. 4. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 5. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 6. Low volume heads shall be used on all spigots and water faucets. 7. All building spoils such as unusable lumber, wire, pipe, and other supplies or unusable material shall be disposed of at an offsite facility equipped to handle them. 8. The structures on the property whether attached or detached shall be constructed in compliance with the State acoustical standards set forth for all units that lie within the 60 CNEL contours of the property. Page #8 - Council Minutes - 10/16/78 Councilman Thomas suggested that the matter be presented to the Planning Commis- sion for their approval, to which the Acting Planning Director responded that it was not necessary. Councilman MacAllister stated that he believed it was necessary to have separate opinions from the Planning Commission and professional staff. He did not believe it should be sent to the Planning Commission. Councilwoman Bailey gave reasons why she was opposed to the motion. Councilman Siebert believed that residents should have been given the opportunity of addressing the body making the decision. He gave reasons why he would not support the motion at this time. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Mandic, Shenkman NOES: Thomas, Siebert, Bailey ABSENT: None ORAL COMMUNICATIONS Mark Travis, Attorney at Law, addressed Council and informed them that he had been retained by Susan B. Newman to assist her in securing from Council a declara- tion of the vacancy of the office of John Thomas. Mr. Travis demanded that Council declare this vacancy on the grounds that John Thomas had been convicted of the crime of vandalism; a crime involving alleged moral turpitude. In conclu- sion, Mr. Travis informed Council that the City Charter, under Section 312-B, stated that they should make this declaration and that he had assured Mrs. Newman that it would be done at this evening's meeting. i Donald Sommers, A to Z Auto Wrecking, addressed Council with regard to the drainage problem on his property and inquired what had been done to alleviate it. The Direc- tor of Public Works informed Mr. Sommers that he has received calculations and plans which would solve the problems which are being reviewed. He elaborated on the remed- ial procedure being proposed. . � Ed Zschoche, City, addressed Council regarding the closure of the Public Affairs Office of the Police Deaartment. Mr. Zschoche stated that this liaison between the community and the Police Department is essential in crime prevention. Mr. Zschoche stated that he was addressing Council as an executive member of Neigh- borhood Watch. He stressed the need for communication between the Police Depart- ment and voluntary services in the City. In conclusion, Mr. Zschoche urged Council to maintain the Public Affairs Office of the Police Department. Don Lace, member of the Robinwood Homeowners' Association addressed Council with regard to the McFadden Avenue closure. He gave reasons why he believed it should remain open. Rudy Brebrick, City, addressed Council regarding the McFadden Avenue closure. Mr. Brehrick urged Council to leave it open, giving reasons for his opinion. Sandy Radzai, City, addressed Council in favor of McFadden Avenue remaining open, giving reasons for her opinion. Carl Schopp, City, addressed Council regarding the McFadden Avenue closure and referre to a proposed meeting on the matter with the City's Traffic Engineer, which he believed was not proper. Mayor Shenkman reminded him that there had been a request for reconsideration which did not necessarily imply that Council would change their decision on the matter. Page #9 - Council Minutes - 10/16/78 Frank Buccella, City, addressed Council regarding Parcel Map 76-50 - Harbor Bluffs Development. Mayor Shenkman suggested that he meet with the City Administrator. Councilman Siebert stated that had he had the findings and material earlier, he would have discussed the matter with staff, however, he was not able at this time .to take action. RESOLUTIONS ADOPTED On motion by Mandic, second Siebert, Council adopted Resolution Nos. 4689, 4690, 4691, 4692, 4693 and 4694 by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None ✓" RES NO 4689 - APPROVED - OC FEDERAL AID URBAN PROGRAM - TRAFFIC SIGNALS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE INSTALLATION OF TRAFFIC SIGNALS AT FIVE (5) LOCATIONS.11 RES N0 4690 - APPROVED - TRAFFIC SIGNAL COORDINATION SYSTEM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF TRAFFIC SIGNAL COORDINATION SYSTEM (INTERIM)." RES NO 4691 - APPROVED - DEVELOPMENT OF BROOKHURST ST A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF B OOKHURST STRE T." RES NO 4692 - ADOPTED - REHABILITATION - PORTION OF EDINGER/SPRINGDALE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE REHABILITATION OF PORTIONS OF EDINGER AVENUE AND SPRING - DALE STREET." RES NO 4693 - ADOPTED - DEVELOPMENT'OF WARNER AVENUE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY,OF HUNTINGTON BEACH,REQUESTING. THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF WARNER AVENUE. RES NO 4694 - ADOPTED - MEMORANDUM OF AGREEMENT - HBPO ASSN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING EXIST- ING MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH_�QLICE OFFICER'S.ASSOCIATION." RES NO 4685 - ADOPTED - C"UNITY ENRICHMENT LIBRARY FEES -.COMMERCIAL/INDUSTRIAL EXEMPT N EX SE -TAX OVER -PAYMENT REFUND The City Clerk presented a transmittal from the City Administrator requesting consideration of Resolution No. 4685, which deletes commercial and industrial Page #10 - Council Minutes - 10/16/78 units from the Community Enrichment Fees and establishing a minimum excise tax for residential and mobile home park properties. Councilwoman Bailey inquired what affect this would have on budget projections, to which the Director of Finance responded. A motion was made by Mandic, seconded by Siebert, to adopt Resolution No. 085 - "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", TO EXEMPT COMMERCIAL AND INDUSTRIAL UNITS AND TO REFUND EXCISE TAX OVER -PAYMENT." The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None ADMINISTRATIVE ITEMS / ADMINISTRATION REORGANIZATION - PROPOSALS APPROVED The City Administrator referred to his transmittal dated October 12, 1978 of his recommendations regarding reorganization of Development Services Activities and Administration, Public Works and Finance Departments. He recommended that the positions remain allocated in the departments so that should the need arise to fill them (based on justification, workload, etc.) they will remain. A motion was made by MacAllister, seconded by Pattinson to adopt the recommended action for (a) Development Services Activities, (b) Administration, (c) Public Works, and d) Finance Discussion was held between Council and staff regarding the need for a checks and balance system. It was suggested that -this could be worked into the system at some future time. Following further discussion, a vote was taken on the motion which carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Shenkman NOES: Bailey, Mandic, Siebert ABSENT: None DOWNTOWN ENFORCEMENT POLICY - APPROVED The City Administrator referred to his transmittal dated October 12th, which inclosed a report from Captain Don Jenkins, Acting Chief of Police, outlining the downtown beach enforcement program. A motion was made by Pattinson, seconded by MacAllister that Council approve the program for a 60-day trial period and authorize the transfer of $17,900 from the uniform division permanent salaries to the uniform division overtime. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None Page #11 - Council Minutes - 10/16/78 LEVEL OF VICE ENFORCEMENT -REINSTATEMENT OF POSITION APPROVED The City Administrator referred to his transmittal of October 12 in which he enclosed a copy of a report from Captain Payne from the Police Department regarding the level of.vice enforcement to be undertaken. At that meeting Council appeared to concur that every effort should be made to provide a level of vice enforcement which would discourage the increase in vice activity. Discussion was held by Council on the matter. It was determined that since the vice detail worked in pairs, the cut of one person in that department, impaired the operation of two men. Further discussion was held between Council and staff on the matter and it was pointed out that due to the number of vacancies and anti- cipated number of vacancies in the City, funding should present no problem. Councilman Siebert inquired as to when the City Administrator would be coming before Council with recommendations for cleaning up the current ordinance on vice, to which he replied that it would be presented to�11ouncil at the November 6th Council meeting. POLICIES FOR DEVELOPMENT ON PROPERTIES LOCATED ADJACENT TO TiiE SOUTHERN PACIFIC RIGHT-OF-WAY BETWEEN YORKTOWN/GARFIELD The City Adminstrator referred to his transmittal dated October 12, attaching a communication from James Palin, Acting Director of Planning & Environmental Resoures, which responded to a letter from the Huntington Beach Company requesting that a third General Plan Amendment be initiated this year for the purpose of deleting Lake Street extension between Garfield and Yorktown Avenues. The City Administrator recommended that Council direct the Planning Department to include the consideration of the Lake Street extension in General Plan Amendment 79-1, which is tentatively scheduled for hearing in February upon completion of the Transportation Demand Model and that no further consideration take place at this time. He added that subsequently Mr. Palin had put together a communication which was handed out to Council on alternative policies for development, which were as follows: a) During the interim period between the October 16, 1978 Council action to instruct the Planning Commission to include for consideration the possible dele- tion of Lake Street from the Circulation Element and include the subject matter in General Plan Amendment 79-1, the entitlement bodies of the City may deny applica- tions that come before them at a public hearing on a finding that the proposed projects are inconsistent with the General Plan. b) Entitlement bodies may find the proposed project inconsistent in an action for approval, with the stipulation that a condition of approval shall be incorporated in the action stating that the project shall be made consistent by subsequent action, which would be the ultimate determination to delete Lake from the Circulation Element, and that should this deletion not take place, the approval action would become null and void. c) An entitlement body could table action on a pending request, with the concur- rence of the applicant, until such time as a final determination is made by the City Council on the decision to delete Lake Street extension from the Circulation Element. Page #12 - Council Minutes - 10/16/78 d) The applicant may be given the option to file alternative plans, one delineat- ing Lake Street through a project and an alternative not showing Lake, in which case, a condition of approval could be added by an entitlement body which would stipulate that the final project at the time of recordation of a record map and/or issuance of building permits, whichever occurred sooner, would be in compliance with the ultimate determination to retain or delete the Lake Street extension. MAYOR SHENKMAN LEFT THE MEETING AT THIS TIME. Mayor Pro Tempore Siebert assumed the chair. Considerable discussion was held on the matter between Council and staff. A motion was made by Pattinson, seconded by MacAllister, to adopt alternative (b) of Mr. Palin's recommended procedure. The Director of Harbor had been discussed for with his own departmen beaches. He cautioned provide a thoroughfare access. s & Beaches addressed the Council, stating that the matter many years by the Fire and Police Departments, together t, who have serious concern for the traffic pattern to the Council to look to the future, pointing out the need to and reminding them that Lake Street is a key street to Fire Chief Picard addressed Council on the matter and stressed the importance to his department that the Lake Street access be approved. Considerable discussion was held between Council and staff and there were various opinions voiced on the matter. MAYOR SHENKMAN RETURNED TO HIS CHAIR AT THIS TIME. A vote was taken on the motion made by Pattinson which carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Shenkman NOES: Mandic, Bailey, Siebert ABSENT: None CONFERENCE EXPENSES - CITY ATTORNEY - APPROVED The City Administrator referred to his transmittal dated October 12, 1978 which attached a communication from the City Attorney requesting authorization to attend certain conferences. He recommended that Council authorize the expenditure of $810.50 and establish the funds from existing appropriations within the City Attorney's Budget. A motion was made by MacAllister, seconded by Shenkman to approve the expenditure of $810.50 and direct that the funds be established from existing appropriations within the City Attorney's.Budget. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None COUNCILMAN PATTINSON LEFT THE MEETING TEMPORARILY AT THIS TIME. LAKE STREET EXTENSION TO BE INCLUDED IN GPA 79-1 The City Administrator inquired whether Council wanted the Lake Street extension 8';' included in General Plan Amendment 79-1. Page #13 - Council Minutes - 10/16/78 A motion was made by Siebert, seconded by MacAllister, to include the Lake Street extension in General Plan Amendment 79-1. The motion carried as follows: AYES: Thomas, MacAllister, Bailey, Siebert, Shenkman NOES: Mandic ABSENT: Pattinson SANITATION DISTRICT NO 11 - COAST HIGHWAY TRUNK REACHES 1 & 2 - COMMUNICATION ACKNOWLEDGED BY CITY The City Clerk presented a communication from the County Sanitation Districts regarding Sanitation District No. 11 Coast Highway Trunk Reaches 1 and 2, and transmitting their proposed resolution concerning the annexation of the Bolsa Chica Area and the Coastal Element Plan being developed by the California Coastal Commission. A motion was made by Siebert, seconded by MacAllister, that a letter be directed to the County Sanitation Districts advising them that Council had received their communication and are aware of their movements in this regard and the proper people in the City are acquainted with the needs and demands of what is being proposed for the City. The motion carried as follows: AYES: Thomas, MacAllister, Bailey, Siebert, Shenkman NOES: Mandic ABSENT: Pattinson US LIFE SAVINGS & LOAN - FIRST HUNTINGTON BEACH HALLOWEEN CLASSIC 1OK RUN - APPROVED The City Administrator referred to a communication from U. S. Life Savings and Loan requesting Council's authorization to conduct the 10k Run and to control traffic on several designated streets. Following discussion, a motion was made by MacAllister, seconded by Siebert, to approve the U. S. Life Savings & Loan's First Huntington Beach Halloween Classic 10 K Run, with conditions imposed by the Department of Public Works and the City's Police Department. The motion carried as follows: AYES: Pattinson, Thomas, MacAllister, Bailey, Siebert, Shenkman NOES: Mandic ABSENT: None Councilman MacAllister suggested that Council look to procedures whereby Council ,is notified of these events without the necessity of voting upon them. ORDINANCES ADOPTED ORD NO 2324 - ADOPTED - COMMUNITY ENRICHMENT LIBRARY FEES On motion by Shenkman, second Pattinson, Council adopted Ordinance No. 2324 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICI- PAL CODE BY AMENDING SECTIONS 3.40.020 AND 3.40.030 THEREOF PERTAINING TO COMMUNITY ENRICHMENT LIBRARY FEES." by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None S i :I Page #14 - Council Minutes - 10/16/78 _0 } ORD NO 2325 - ADOPTED - SPEED LIMITS ON STATE HIGHWAYS WITHIN CITY BOUNDARIES The City Clek presented Ordinance No. 2325 - "AN ORDINANCE OF THE CITY OF HU.NTING- TON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10.12.070 PERTAINING TO SPEED LIMITS ON STATE HIGHWAYS WITHIN CITY BOUNDARIES." Discussion was held between Council and staff as to the procedure involved in setting speed limits within the City. The Chief of Police informed Council that the Police Department does confer with Cal Trans as to experiences and recommenda- tions with regard to setting and controlling speed limits. A motion was made by Mandic, seconded by MacAllister, to adopt Ordinance No. 2325. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ASSENT: None APPOINTMENT OF MEMBERSHIP TO LOCAL COASTAL PROGRAM CITIZEN ADVISORY COMMITTEE - APPROVED The City Clerk presented a communication from the Planning Department recommending the apppointment of persons to the Local Coastal Program Citizen Advisory Committee, as recommended by Counciimembers Bailey, Mandic, and Pattinson. The matter had been deferred from the October 10, 1978 Council meeting. On motion by Siebert, second Bailey, Council appointed the following people to the Local Coastal Program Citizen Advisory Committee: Organization Representatives: Frank Higgins - Planning Commission, Melody Chatter - ton - Amigos de Bolsa Chica, Merle Moshari - League of Women Voters, Gordon Smith - Environmental Council, Roger Slates - Chamber of Commerce, Tom Cooper - Recreation & Parks Commission, Sissel Andreassen - Redevelopment Commission, Richard Harris - Western Oil & Gas, Mark Porter - Home Council; At -Large Members: John Bozanic, Rod Thomas Coulter, David Douglas Dahl, William J. Dermody, John 0. Dwyer, Micki Estep, Leonard Wright, Edward Zschoche. The motion carried unanimously. NEW BUSINESS MAYOR'S RECOMMENDATIONS - BUDGET PROCESS Mayor Shenkman stated that he would like to make some recommendation with regard to the budget process. He suggested that an 'income stream' be developed in the budget process which could be matched against proposed estimated expenditure. Basically, he stated, there would be an 'anticipated' budget long before budget deliberations and in that 'income stream', Council should consider employees' salaries. (This would not, he reflected, throw out negotiations but would build in the means of meeting the need's of City employees.) BUDGET CUT RECOMMENDATION Councilman Siebert referred to a transmittal from the City Administrator in which he informed Council that it was expected that the City would receive some $100,000 less in bail -out money than was anticipated. In his opinion, the money was plugged W3 Page #15 - Council Minutes - 10/16/78 into the budget and if there will be less money coming, the operation budget should be cut by that amount, and this should be done now. The Treasurer responded to Councilman Siebert's suggestion. CUL-DE-SAC - PARK AND PINE STREETS Councilman Siebert inquired as to the status of the Park and Pine Streets cul- de-sac upon which Council had voted some eighteen months ago. He stated that he lives on Park Street and neighbors have been inquiring about the matter. The Director of Public Works responded. REPLACEMENT OF MAYOR / Mayor Shenkman requested that in regard to his replacement, some alternatives be given to the City Adminstrator. He directed the City Clerk to give the Administra- tor a report on the possible procedures. W/ COMMITTEE APPOINTED TO MEET WITH CENTRAL PARK MASTER CONCESSIONAIRE Councilman Pattinson suggested that a committee be appointed, to include the City Attorney, to meet with the Master Concessionaire of Central Park. He stated that he was not satisfied with the fact that certain activities have not been per- mitted in the park. Mayor Shenkman directed Councilmen Siebert, MacAllister and Pattinson to serve on the committee. PROPOSED ANNEXATION OF BOLSA CHICA Councilman Pattinson referred to potential revenues which he believed are being lost to the City due to the Bolsa Chica not being annexed to the City. He requested that this matter be placed on the next agenda. SEWER REFUND TAX Councilman Thomas inquired as to the status relative to the sewer refund tax. He was not present at the last Council meeting, however, he is concerned that the oil companies are paying County taxes and should be refunded. The City Administrator stated that he would give a report to Councilman Thomas before the next Council meeting. OIL - REDRILLING NEW WELLS AND REACTIVATION PERMITS - TO BE STUDIED Councilman Thomas informed Council that he would like to change the process on redrilling new wells and reactivation permits whereby they would go through the Planning Commission before final approval of Council. The Council recommended that he meet with the City Adminstrator to discuss the matter. RULING ON MORAL TURPITUDE SOUGHT BY MAYOR Councilman Thomas thanked Mayor Shenkman for consulting with the Attorney General in an effort to prove that 'moral turpitude' was not valid as it pertained to him. He also stated that he would like Mayor Shenkman to reconsider retiring from the Council. 90, Pgge #16 - Council Minutes - 10/16/78 MEETING SCHEDULED WITH DEVELOPERS - 10/23/78 V Councilwoman Bailey informed Council that she would like a meeting scheduled with developers, stating her belief that 'communication' is one of the biggest problems between the City and developers. Mayor Shenkman directed the City Adminstrator to set up a meeting for October 23 at 6:30 P.M. RESPONSE TO DEMAND BY TRAVIS - 'MORAL TURPITUDE' Councilman Siebert referred to Attorney Travis' demand, made during the Oral Communications portion of the meeting in regard to Councilman Thomas. He inquired whether the City was obligated to respond. The City Attorney responded to the matter. OCEANVIEW SWIMMING POOL - TO BE DISCUSSED 11/6/78 V/ Councilman MacAllister requested that in order that the Ocean View High School District can be given direction, the matter of Oceanview Swimming Pool be placed on the agenda for the November 6, 1978 Council meeting. POLICE DEPARTMENT - PUBLIC AFFAIRS OFFICE Councilman MacAllister referred to the Police Department's Public Affairs Office and the need for communication between that office and organizations such as the Neighborhood Watch. He inquired what could be done to reinstate this office without affecting the budget. YOUTH SPORTS / Councilman MacAllister requested that in the near future, something be done with regard to youth sports activities in Huntington Central Park. The City Administra- tor responded that a meeting had been scheduled with the Recreation & Parks Commission for November 6, 1978 at which time the matter will be discussed. ALTERNATE BIKE ROUTE - APPROVED The City Clerk presented a communication from the Department of Public Works informing Council that Huntington Beach State Beach would be closed to bicycle traffic during the Air International Races on November 24, 25 and 26, 1978. A motion was made by Siebert, seconded by MacAllister, to adopt an alternate bike route during the Air Races to be held on November 24, 25 and 26, 1978, as depicted on the map submitted by the Department of Public Works. The motion carried unanimously. �1 HAZARDOUS TREES - LAMBERT & SIMS GROVE PARKSITES - DEFERRED TO 11/6/78 The City Clerk presented a communication from the Recreation, Parks and Human Services Department regarding the need for tree -topping and trimming of the eucalyptus trees at Lambert and Sims Grove parksites. Councilman Pattinson stated that he was against the recommended action, which was to authorize expenditure up to $5,000 from the Contingency Fund for contract tree -topping and trimming at Lambert and Sims Grove parksites and authorize 91 Page #17 - Council Minutes - 10/16/78 1 advertising for bids. He believed the situation should be further studied. The City Administrator stated that he would like to defer the matter to the November 6, 1978 Council meeting. Discussion was held by Council on damage which had been caused by the trees. BID REJECTED - CC-352 - CHANNEL LINING - BELCZAK & SONS, INC .The City Clerk presented a communication from the Director of Public Works regard- ing a bid which had been received for work on the C6-SCI Channel Lining. The bid had been opened on Friday, October 6, 1978 in the Council Chamber by the City Clerk and the Director of Public Works. The single bid submitted was as follows: Belczak & Sons, Inc., Orange - $145,532.00 The Public Works Director informed Council that the estimated cost of the project was for $125,000, however, an analysis of the bid has shown it to be in line with the City's estimate, considering the current concrete shortage and cost. Council- man Siebert inquired as to the funding source to which the Director of Public Works responded that funds would be derived Prow Drainage District No. 3. Discus- sion was held on the bid process and length of time involved. The Director of Public Works did not believe that a lower bid would be obtained by repeating the bid procedure. A motion was made by Pattinson, seconded by Mandic, to reject the bid for Project CC-352, C6-SCI Channel Lining, returning the bid bond forthwith to Belczak & Sons, Inc. and re -advertise the project. The motion carried by the following vote: AYES: Pattinson, Thomas, Bailey, Mandic, Shenkman NOES: MacAllister, Siebert ABSENT: None BID AWARD - CC-435 - MICHAEL DRIVE STORM DRAIN - A & A CONSTRUCTION The City Clerk presented a communication from the Director of Public Works regarding bids for construction of the Michael Drive Storm Drain within Drainage District No. 3 in portions of Michael Drive/Van Buren Street, Slater Avenue/Cameron Street. The bids had been opened on Friday, October 6, 1978 in the Council Chamber by the City Clerk and the Director of Public Works. The bids submitted were as follows: Griffith Co. Caiex Paving Co. Sully -Miller Const. McGrew Const. Co. Fleming Engineering - $162,506.60 165,999.00 Co. - 171,311.60 179,397.88 243,9/0,00 A motion was made by MacAllister, seconded by Pattinson, to award the contract for Project CC-435, Michael Drive Storm Drain to A & A Construction, for a contract amount of $157,728.40, direct the City Cleric to hold the other bids until A & A Construction has executed the contract and filed the necessary bonds and insurance, and directed the City Clerk to notify the unsuccessful bidders of the action, returning their bid bonds forthwith. Discussion was held on funding of the project, following which, the motion carried as follows: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: done ABSENT: Bone Page #18 - Council Minutes - 10/16/78 `/ BID AWARD -436- TRUDY/WOODSTOCK STORM DRAIN - BIDS -REJECTED - MODIFICATION & RE - ADVERTISING _...- _._ The City Clerk presented a communication from the Director of Public Works pertain- ing to the Trudy Woodstock Storm Drain and recommending that all bids be rejected, modifications of the plans and specifications be authorized and the bids readvertised. Councilwoman Bailey expressed concern that the estimates were so far in excess of the City's estimate. The Director of Finance explained the funding which would be used on the project. The Director of Public Works informed Council that bids had been opened on Friday, October 6, 1978 in the Council Chamber by the City Clerk and himself. The bids submitted were as follows: A & A Construction - $488,421.75 (corrected) Falcon Construction - 539,450.00 A motion was made by Pattinson, seconded by MacAllister, to reject all bids for Project CC-436, Trudy/Woodstock Storm Drain, return the bid bonds forthwith, and re -advertise the project, having authorized modification of the plans and specifi- cations. The motion carried by the following vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Siebert, Shenkman NOES: Bailey ABSENT: None RECESS - RECONVENE Mayor Shenkman called a recess of Council at 10:25 P.M. for the purpose of conduct- ing an Executive Session for personnel and litigation matters. The meeting was reconvened at 11:02 P.M. SALES TAX ALLOCATION FOR TRANSIT - CITY ADMINISTRATOR TO SEND LETTERS The City Clerk presented a resolution from the City of Lakewood relating to point of origin distribution to cities of sales tax allocation for transit. A motion was made by Pattinson, seconded. by MacAllister, to direct the City Adminis- trator to send letters in support of the position of the City of Lakewood to the proper legislative officials. The motion carried unanimously. COUNCILMAN SIEBERT AND COUNCILWOMAN BAILEY LEFT THE MEETING AT THIS TIME. SMITH VS CITY - SETTLEMENT APPROVED A motion was made by Pattinson, seconded by MacAllister, to approve the settle- ment in the claim of Robert Smith vs. the City in the amount of $500. The motion carried by the following roll call vote: AYES; Pattinson, Thomas, MacAllister, Mandic, Shenkman NOES: None ABSENT: Bailey, Siebert Page 19 - Council Minutes - 10/16/78 INTERIM DIRECTOR OF DEVELOPMENT SERVICES - APPOINTED-' A motion was made by Pattinson, seconded by MacAllister, that Council appoint (based on recommendation of the City Adminstrator) John Behrens as Interim Director of Development Services, pending recruitment of a Director for the newly organized Building and Planning Department. The motion carried as follows: AYES: Pattinson, Thomas, MacAllister, Shenkman NOES: Mandic ABSENT: Bailey, Siebert ITEMS RECEIVED AND FILED BY COUNCIL City of Compton resolution supporting Chief Justice Elizabeth hose Bird for the Supreme Court of California. j Application to PUC from Southern California Edison Company for authority to modify its Energy Adjustment Clause to increase its Energy Cost Adjustment Billing Factors. ADJOURNMENT The regular meeting of the City Council of the City of Huntington Beach was adjourned by the Mayor to Monday, November 23, 1978 at 7:00 P.M., Room B-8, Civic Center. AT Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Ron Shenkman Mayor