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Home My WebLink About1978-11-20MINUTES Room B-9, Civic Center Huntington Beach, California Monday, November 20, 1978 A tape recording of this meeting is on file in the City Clerk's Office Mayor Pro Tempore Siebert called the adjourned regular meeting of the City of Huntington Beach to order at 6:00 P.M. ROLL CALL Present: Bailey, MacAllister, Mandic, Siebert, Pattinson (Shenkman arrived at 6:55 P.M.) Absent: Thomas JOINT MEETING - RECREATION & PARKS COMMISSION Present: Cooper, Jensen, Osness, Vander Nolen, Kennedy, Duarte Absent: Costa, Mossteller, Nemoede, Osterland, Roop HUNTINGTON CENTRAL PARK MASTER PLAN Norm Worthy, Director of Recreation, Parks & Human Services, gave an overview of the plans to date, for Council consideration. Vick Morris, Departmental Analyst Sr., displayed transparencies and viewgraphs of the park, including existing boundaries and future Talbert Avenue alignment. A motion was made by Pattinson, second MacAllister, to eliminate the 18 hole golf course and Campground from the 70 acres in the tentative plan, north of Ellis be- tween Goldenwest and Edwards Streets. The motion carried by the following vote: AYES: Bailey, MacAllister, Mandic, Siebert, Pattinson NOES: None ABSENT: Thomas, Shenkman MAYOR SHENKMAN ARRIVED AT TMIS TIME On motion by MacAllister, second Pattinson, Council directed staff to pursue acquisition of encyclopedia lots in a portion of the bark 660' north of Ellis if trading of Tax Title lots is legal. The motion carried by the following vote: AYES: Pattinson, MacAllister,. Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Thomas A motion was made by Pattinson, seconded by Siebert to approve the area presently being used .for equestrian use, but,was withdrawn. Considerable discussion was held between the Recreation and Parks Commission and Council regarding recreation priorities for the Park. 136 Page #2 - Council Minutes - 11/20/78 Council was polled on eleven of the activities prioritized in the Huntington Central Park Facility Survey. 1. Gymnasium - all noes, consideration later. Community Center - Ayes: Bailey, Siebert 2. Tennis - Ayes: Pattinson, MacAllister, Bailey, Siebert, Shenkman Noes: Mandic (later) 3. Botanical Gardens - All noes (later) 4. Sports Field,- Approved 11/6/78 5. Adventure Playground - Ayes: Pattinson, MacAllister, Bailey, Siebert, Shenkman, Mandic (later) Noes: None 6. Fishing/Campground - Ayes: Shenkman Noes: Pattinson, MacAllister, Bailey, Mandic, Siebert (Later) 7. Skating Rink - Ayes: Pattinson, Bailey, Shenkman Noes: MacAllister, Mandic, Siebert 8. L\Mhitheater - Ayes: None Noes: Pattinson, MacAllister, Bailey, Mandic, Siebert Shenkman 9. Restaurant & Clubhouse - Ayes: Pattinson (Restaurant only), MacAllister Bailey, Shenkman Noes: Mandic, Siebert 10. Equine Trail - Ayes: Pattinson, MacAllister, Bailey, Mandic, Siebert Shenkman Noes: None 11. Golf Course - Ayes: None Noes: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman 18. Equestrian Center - Ayes: Pattinson, MacAllister, Bailey, Mandic, Siebert Shenkman Council set Monday, December 4, 1978 at 6:30 P.M. as the date and time to consider the straw votes on the remainder of the priority list. Mayor Pro Terpore Siebert adjourned the meeting at 7:3 P.M. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST : lze;�:00'�O Mayor Pro Terpore City Clerk MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, November 20, 1978 A tape recording of this meeting is on file in the City Clerk's Office Mayor Shenkman called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. ROLL CALL Present: Pattinson, Thomas, MacAili'ster, Bailey, Mandic, Siebert, Shenkman Absent: None The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by "Cap" Sheue, Teacher and Coach, Huntington Beach Union High School. PROCLAMATION - "WEEK OF CONCERN" - NATIONAL FOUNDATION MARCH OF DIMES Mayor Pattinson proclaimed the week of November 13 to November 20, 1978 as the National Foundation March of Dimes "Week of Concern". Present to accept the procla- mation were Volunteer workers for the lurch of Dimes, Mr. and Mrs. Reynolds Griffith. RESIGNATION OF MAYOR SHENKMAN -.ACCEPTED Mayor Shenkman addressed Council and the audience with regard to his resignation as Mayor of the City of Huntington Beach. A motion was made by MacAllister, seconded by Siebert, to accept, with regret, the resignation of the Mayor. The T9,tion carried unanimously. ELECTION OF MAYOR - RONALD R PATTINSON The City Clerk declared the position of Mayor vacated and called for nominations for Mayor of the City of Huntington Beach. Councilwoman Bailey nominated Richard Siebert for the position of Mayor. Councilman MacAllister nominated Ronald Pattinson for the position of Mayor. There being no further nominations forthcoming, the City Clerk declared the nomina- tions closed. Steve Schumacher addressed Council and requested that the public be permitted to give Input pr or to nomination and election of the Mayor, Councilman Shenkman responded that his comments were out of order. Votes were taken on the nomination of Richard Siebert for Mayor which failed as follows: AYES: Bailey, Mandic, Siebert NOES: Pattinson, Thomas, MacAllister, Shenkman ABSENT: None IM$ Page #2 - Council Minutes - 11/20/78 Votes were taken on the nomination of Ronald Pattinson for Mayor which carried as follows: AYES: Pattinson, Thomas, MacAllister, Shenkman NOES: Bailey, Mandic, Siebert ABSENT: None Steve Schumacher filed an informal petition in favor of Siebert for Mayor with the City Clerk. Mayor Elect Ron Pattinson addressed Council and audience, thanked them for their vote of confidence and stated his belief that Richard Siebert would be elected as Mayor of the City in April, 1979. A motion was made by Bailey, seconded by Mandic, to cast a unanimous ballot in favor of Ronald R. Pattinson for Mayor of the City. The motion carried as follows: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None ABSTAIN: Pattinson Following discussion, Mayor Pattinson announced that Richard Siebert would remain Mayor Pro Tempore of the City. Mayor Pattinson stated that in the future, he hoped that the City would see some new direction from the chair. MINUTES - APPROVED On motion by MacAllister, second Siebert, Council approved and adopted minutes of the regular meeting of October 16, 1978 and adjourned regular meetings of October 23, as amended and October 30, 1978, as recommended by the City Clerk. The motion carried unanimously, with Councilman Shenkman abstaining from the adjourned regular minutes of October 30, as he was absent from the meeting. CONSENT CALENDAR - ITEMS APPROVED On motion by MacAllister, second Siebert, Council approved the following items as recommended, by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None' NOTICE OF COMPLETION - TRACT 9378 - FOXX DEVELOPMENT - Accepted improvements dedicated -for public use on property located northwest of Garfield Avenue and Delaware Street, authorized release of the Faithful Performance Bond, Monument Bond and termination of the Subdivision Agreement, and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company. PARCEL MAP 78-22 - LEONARD LICHTER - Approved Final Parcel Map 78-22 pursuant to the mandatory findings set forth in Section 66474 of the Government Code on property located on the east side of Beach Boulevard, north of Cypress Avenue, and instructed the City Clerk to execute same and release for processing by the County. 139 Page #3 - Council Minutes - 11/20/78 j WATER WELL NO 8 - CONSULTING ENGINEERING SERVICES - Authorized the Purchasing Officer to obtain proposals rom professional engineering consultants for the preparation of plans and specifications for water well pumping facilities, buildings and appurtenances for Water Well #8located in Murdy Park. PARCEL MAP 78-4 - CRAIG - ETCHEGOYEN - Approved Final Parcel Map 78-4 pursuant to the mandatory findings set forth in Section 66474 of the Government Code on property located on the east side of Brookhurst Street, south of Hamilton Avenue and the four findings of the Board of Zoning Adjustments as outlined in the September i1, 1978 Planning Department Communication, and instructed the City Clerk to execute same and to release for processing by the County. 1979 SPECIAL CENSUS AGREEMENT - STATE OF CALIFORNIA Approved and authorized execution of an agreement between the City and the State of California for the completion of. the 1979 Special Census. FINAL TRACT 10447 - ALL OF TT 10447 - GOTHARD STREET ASSOCIATES - Approved Final Tract Map 10447, being all of Tentative Tract 10447, pursuant to the mandatory findings set forth in Section 66474 of the Government Code on property located at the southeast corner of Gothard Street and Heil Avenue, accepted offer of dedica- tion and improvement subject to completion of requirements stipulated, on property located at the southeast corner of Gothard Street and Heil Avenue; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 11.7; Lots: 19 lot industrial subdivision; Developer: Gothard Street Associates, Irvine; adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of insurance; Subdivision agreement; The final map shall be recorded prior to expiration of Tentative Tract 10447 on January 18. 1980; adopted Negative Declaration 78-58; and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary pro- cessing by the County or for recordation until the aforementioned conditions have been met. REIMBURSEMENT AGREEMENT #78-D1 - MOLA DEVELOPMENT - Approved and authorized execu- tion of Reimbursement Agreement #78-D1 between the City and Mola Development for a master plan drainage facility to be built in conjunction with the subdivision at the northwest corner of Beach Boulevard and Memphis Avenue and authorized its execution. r" FEDERAL BEACH EROSION CONTROL PROJECT AGREEMENT - Approved and authorized execution 57 an agreement between the City and the County Harbors, Beaches & Parks District calling for the City to pay $23,760 to participate in the Federal Beach Erosion Control Project. YOUTH SERVICES PROGRAM - SUPPLEMENTAL AGREEMENT #2 - 0LD CITY HALL LEASE AGREEMENT - Approve .and authorized execution of Supplemental Agreement #2 between the Cityy and Youth Services Program providing for the vacation of two of their offices and adding 63 square feet to theemaining office. PARCEL MAP 78-33 - VTN - APPROVED The City Clerk presented a communication from the Director of Public Works recom- mending approval of Parcel Map 78-33 for Council's consideration. 40 Page #4 - Council Minutes - 11/20/79 A motion was made by MacAllister, seconded by Pattinson, to approve Final Parcel Map 78-33 pursuant to the mandatory findings set forth in Section 66474 of the. Government Code on property located on the north side of Yorktown Avenue and Mag- nolia Street, and instructed the City Clerk to execute same and to release for pro- cessing by the County. The motion carried by the following roll call vote: -AYES: Shenkman, Thomas, MacAllister, Mandic, Siebert, Pattinson NOES: None ABSENT: None ABSTAIN: Bailey J TRACT 9146 - NOTICE OF COMPLETION - S & S CONSTRUCTION - APPROVED The City Clerk presented a transmittal from the Director of Public Works relative to the Notice of Completion for Tract 9146 located northwest of Yorktown Avenue and Magnolia Street. A motion was made by MacAllister, seconded by Pattinson, to accept improvements dedicated for public use, authorize release of the Faithful Performance Bond, Monument Bond and terminate the Subdivision Agreement. The motion carried by the following roll call vote: AYES: � henkman, Thomas, MacAllister, Mandic, Siebert, Pattinson NOES: None ABSENT: None ABSTAIN: Bailey PUBLIC HEARING - ZONE CASE 78-15 & NO 78-103 - APPROVED - ORD NO 2331 INTRODUCED Mayor Pattinson announced that this was the day and hour set for a public hearing on a petition filed by Robert P. Warmington Company for a change of zoning from C-4, Highway Commercial, to R2 Medium Density Residential, on property located at the southeast corner of Edinger Avenue and Monterey Street and consisting of 64 acres. The City Council will also be considering Negative Declaration No 78-103 in conjuunc- tion with the zone change. The City Clerk. informed Council that all legal requirements for publication, notifi- cation and posting had been met and that other than the appeal, no communications or written protests to the matter had been received. Mayor Pattinson declared the hearing open. There being no one present to speak on the matter and there being no,protests filed, either oral or written the hearing was closed by the Mayor. The Clerk introduced Ordinance No. 2331 by reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMEND- ING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM HIGHWAY.COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL DISTRICT ON REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF EDINGER AVENUE AND MONTEREY STREET (ZONE CASE NO 78-15)." On motion by Shenkman, second Mandic, Council approved Negative Declaration No 78-10321 Zone Case 78-15 and introduction of Ordinance No 2331. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None 1 4 _1 ABSENT: None Page #5 - Council Minutes - 11/20/78 PUBLIC TO PLANNING COMMISS ,i CASE 78-16 AND Mayor Pattinson announced that this was the day and hour set for a public hear- ing on an appeal filed by Hunsaker and Associates, Inc. on behalf of Richard G. Wilson to the Planning Commission's denial of Zone Case 78-16, which is a proposal to rezone property on the south side of Taylor Drive, approximately 558' west of Beach Boulevard from C2 Community Business District to R3 Medium High Density Residential District. The City Council will also be considering Negative Declara- tion No 78-67 in the appeal hearing. Mayor Pattinson stated that a letter had been received from the appellant requesting a continuance of the hearing to January 15, 1979. The City Clerk informed Council that all legal requirements for publication, noti- fication and posting had been met and that other than the appeal, no communications or written protests to the matter had been received. Mayor Pattinson declared the hearing open. On motion by Siebert, second MacAllister, Council continued Zone Case 78-16 to January 15, 1979 at which time the new zone change (Zone Change 78-28) will also be heard. The motion carried unanimously. ORAL COMMUNICATIONS i Steve Solomon Attorney for the Huntington Beach Police Officers Association addressed Council and informed them that his original address had been preempted by what had taken place. He requested that Councilman Siebert be immediately relieved from duty on the Council and required to take a psychiatric examination, the result of which to be made public. He stated that Councilman Siebert had accused a lieute- nant in the Police Department of activities which are false and maliciously de- signed to attack the lieutenant and the Huntington Beach Police Officers Associa- tion. Therefore, on behalf of the Association, he hereby requested Council to suspend Councilman Siebert until cleared by the District Attorney or the Attorney General. Mr. Solomon stated that Councilman Siebert had made charges against the former City Attorney in the past and alluded to a pattern of such behaviour. Mayor Pattinson stated that no action would be taken at this time and invited Councilman Siebert to respond to the observations made by Mr. Solomon. Councilman Siebert responded by reminding Council that he has a dual role in that he is required to serve the taxpayers and the City employees. He assured Council that the incident to which Mr. Soloman inferred would be responded to after labor negotiations had been completed. In the meanwhile, under direction of Nicholas Counter, Outside Labor Negotiator for the City, the Personnel Director had been apprised of the situation.' Al Coen,former Mayor and Councilman, addressed Council and referred to an article he haTread in the newspaper concerning the proposed Ocean View swimming pool, which Council had rejected. Mr. Coen gave reasons why he believed the City should support the Huntington Beach Playhouse which in his opinion was of cultural signi- ficance to the City. In conclusion, Mr. Coen requested Council to consider support- ing the playhouse with Housing and Community Development Funds, or Park & Recrea- 4 Page #6 - Council Minutes - 11/20/78 tion Acquisition Funds, which he believed were available for this purpose. He urged Council to give some positive direction regarding support of the Playhouse at this time. He introduced Roger Mills, President of the Huntington Beach Playhouse to Council and th7 audience. Roger Mills, President of the Hunti.ngton Beach Playhouse, addressed Council and gave them a brief outline of the history of the playhouse. Mr. Mills pointed out the merits of the playhouse and its benefits to the City, urging their support. Mayor Pattinson suggested that he contact the Allied Arts Commission on the matter. Ella Christensen, addressed Council, informing them that she has been a resident o? the C ty since 1951 and was representing the Downtown Businessmen. She referred to the efforts being made in the downtown area by local merchants -to clean up the area, and money which she believed was available for this purpose which if not utilized would revert back to the County. Mrs. Christensen informed Council that the yellow street lighting did not enhance the area to which Mayor Pattinson responded that the yellow lighting had been used on a trial basis. Lorraine Faber, City, addressed Council and referred to a flyer she had received from police picketers while entering the City Hall for the present meeting. The flyer listed the business addresses, home addresses and telephone numbers, listed and unlisted, of all Councilpersons. She urged Council to halt the police from further distribution of the flyers. Gordon Offstein, City, addressed Council regarding the Huntington Beach Police Officers Vs -so -Ration and their protest. In his opinion, should Council grant a raise to the Police Department, employees of the City should likewise be consi- dered. He stated his objection to any strike of the Huntington Beach Police Officers Association, which he believed could be'siphoni,ng off half a million dol- lars or more on the rifle range, since a token amount of $1.00 only is paid an- nually to the City for its use. Mr. Offstein believed that since the Police Officers Association claim to be a non-profit organization that funds being utili- zed for political activities could be in violation of Section 501C of the Internal Revenue Code. In conclusion, Mr. Offstein stated that he would like to see the records of the Huntington Beach Police Officers Association; how much money is rei.ved and how it is spent. Ro.Oert Reid, City, addressed Council and thanked them for responding to his previ- ous request for a stop sign. He complained about the flooding of Cleveland Street where he resides and requested Council to consider rotating the pumping of water onto various streets. Mayor Pattinson requested the Director of Public Works to look into the matter and repot back o Council. Steve Schumacher, City, addressed Council and referred to recent unfavorable press coverage o t e City's activities. He informed Council that an informal petition requesting the resignation of Mayor Shenkman and the election of Mayor Pro Tempore Siebert as Mayor, as had been traditional for some time, had been circulated over a short period of time and that 400 signatures had been submitted. He inquired how the concept could have changed so radically over a few months. Mr. Schumacher suggested that just as many si'gn4tures could be collected for a 'recall'. Frederick P. Leahy, City, address4 Council and referred to an informal petition containing g 226E names requesting that the Department of Recreation, Parks & Human Services not be combined with the Department of Harbors & Beaches. He stated that he would like to read the petition to Council again, following which, he submitted a further 290 signatures, making a grand total of 558. 143 Page #7 - Council Minutes - 11/20/78 Earl Lane, Huntington -By -The -Sea Mobile Homes, addressed -Council and stated his belief that under Proposition 13, owners of mobile home parks have received reductions in taxes, however, rents are still increasing. Mr. Lane submitted some material to Council on the matter and urged them to consider some form of rent control over mobile homes. Marie Budkland, City, addressed Council and requested that it be entered into the record that she was inquiring whether the election was chaired in a legal and order- ly.;manner. The City Attorney responded that during the eTection of the Mayor, the procedure was legal for the City Clerk to conduct the meeting during the election. Lillian Marketuck, City, addressed Council, informing them that she lives in a mobile home and goes fishing daily on the City's pier. She referred to the number of police cars parked outside the Pier Cafe from morning until evening. She informed Council_that.the same area is habituated by drunks carrying bags of liquor, who are not apprehended. She requested that the -pier be patrolled right to the far end. Mike Rodgers, Council on Aging, addressed Council and informed him that he had no objection to the Recreation, Parks & Human Services Department merging with the Department of Harbors & Beaches, provided Norm Worthy remains as Director. Mr. Rodgers referred to the proficiency of the Recreation, Parks & Human Services Department under direction of Norm Worthy and its relationship with the Council on Aging. Tom Livengood, City, addressed Council and expressed concern regarding the empty seat on Council as of December 1, 1978, due to the resignation of ex -Mayor Ron Shenkman. He requested Council to establish some procedure whereby the public be made aware of the ground rules in order that everyone knows in advance how the new Councilperson will be selected. EXECUTIVE SESSION CALLED Mayor Pattinson called an Executive Session of Council to discuss personnel and liti- gation matters. RECESS —RECONVENE The meeting was recessed by the Mayor. RESOLUTIONS ADOPTED The Mayor then reconvened Council. On motion by MacAllister, second Mandic, Council adopted the following resolutions, after reading by title, by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None f ✓ RES NO 4598 - ADOPTED - LIFEGUARD FINANCIAL ASSISTANCE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COUNTY OF ORANGE FOR LIFEGUARD FINANCIALASSISTANCE." 14�1 .Page #8 - Council Minutes - 11/20/78 ✓ '� V - RES NO 4699 - ADOPTED - LAW ENFORCEMENT TRAFFIC ENGINEERING GRANT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING APPLICATION FOR A GRANT FOR LAW ENFORCEMENT/TRAFFIC ENGINEERING PURPOSES WITH THE STATE OF CALIFORNIA BUSINESS AND TRANSPORTATION AGENCY, OFFICE OF TRAFFIC SAFETY." RES NO 4700 - ADOPTED - STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 1976 EDITION." J CRITICAL CAPITAL OUTLAY ITEMS REVENUE SHARING - APPROVED AS AMENDED - RCA 78-61 The City Administrator referred to his transmittal of November 13, 1978 referring. to the recommended list of capital outlay expenditures from revenue sharing in the amount of $1,937,211. As it had not been determined where funding should come from for any tentative agreements with City Employee Associations, he had requested department heads to prioritize their capital needs as to critical items needed now, with the possibility of funding other items at a later date. A motion was made by MacAllister, seconded by Siebert, that Council approve the recommended capital outlay expenditure from Revenue Sharing of $777,681, including $40,000 for docks. Councilwoman Bailey referred to the McFadden/Bolsa Chica Closure, under Public Works, in the amount of $16,400. She believed that if this amount was for a tem- porary closure, it would cost more than the estimated permanent closure and suggested .that Council reconsider this matter, and amend the motion to leave out the McFad- . den/Balsa Chica Closure. Councilman MacAllister withdrew his motion and Councilman Siebert withdrew his second to the motion. The City Administrator urged Council to consider the other Critical Capital Outlay expenses at this time. Councilman Mandic inquired of the Library Director why there had been an increase. in expenditure for books. The Library Director explained that a CETA employee would become a permanent employee and the extra money from the book budget would go towards the salary of this employee. Assistant to City Administrator, Erich Matthews, further explained that the CETA employee had been selected for this position; the Library had lost its Assistant and that they had discussed this matter. He stated that the salary for the employee is approximately $10,000 for the rest of the year, including benefits. Councilman Mandic addressed Fire Chief Ray Picard regarding his request for $16,500 for additional equipment on the pumper, which was not indicated in the Critical Capital Outlay list. The Fire Chief responded that he anticipated that it would take approximately one year to get the pumper and that he had delayed getting the.. equipment; that he would either get the money appropriated in a subsequent budget or use some of the existing equipment and make do. Following discussion, a motion was made by Bailey, seconded by Mandic, to approve the capital outlay expenditure from Revenue Sharing, with the exception of the McFadden/Bolsa Chica Closure in the amount of $16,400. 145 Page #9 - Council Minutes - 11/20/78 The Assistant Administrative Aide reminded Council that revenue sharing funds must be spent within two years. A motion was made by Mandic, seconded by Bailey, to amend the main motion to approve the recommended capital outlay expenditure from Revenue Sharing, with dele- tion of the $25,000 for Library Materials (books). Mayor Pattinson gave reasons why he was not in favor of the motion. Councilwoman Bailey believed Council should act on the matter at this time. Councilman Shenkman concurred with Council- woman Bailey. The motion to amend carried unanimously. A vote was taken on the main motion made by Bailey, seconded by Mandic, which was to approve the capital outlay expenditure from Revenue Sharing with the excep- tion of the McFadden/Bolsa Chica Avenue closure in the amount of $16,400. The motion carried by the following roll call vote: AYES: .Shenkman, Thomas, MacAllister, Bailey, Mandic NOES: Pattinson, Siebert ABSENT: None CONTRACTUAL SERVICES ACCOUNT NO 130390 - H B INN - ADDITIONAL AMOUNT APPROVED The City Administrator referred to a communication from the City Attorney regard- ing the need for additional funds to bring the Huntington Beach Inn matter to a conclusion. A motion was made by Shenkman, seconded by MacAllister, to allocate an additional $35,000 to Contractual Services Account No. 130390. Councilwoman -Bailey believed that this service should be charged to the City Attorney's budget. Councilman Siebert expressed his opinion that the City Attorney's office handle matters rather than to contract them out, which he believed to be a poor usage of taxpayers` money. Councilman MacAllister disagreed with Councilman Siebert's comments, pointing out that $60,000 expended had won for the City a twelve million dollar law suit plus, which in his opinion was a minimal expenditure. In his opinion, while the City's staff is good, it was not professional enough to have handled the law suit. He pointed out that the Huntington Beach Inn is worth a great deal of money, and to lose it would be a great cost to the City. Councilman Shenkman reminded Council that the City is dealing with what he believes to be the most valuable piece of property it owns and staff does not have the type of real estate expertise necessary for the case. The City Attorney informed Council that there is no money in the City Attorney's budget.other than the $35,000 left; at least fifty per cent of Charles Pollyea's services were not in the legal field but more in the field of property management advice. A vote was taken on the motion made by Shenkman, which carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Pattinson NOES: Siebert, Mandic, Bailey ABSENT: None 146' Page #10 - Council Minutes - 11/20/78 REDEVELOPMENT COMMISSION APPOINTMENTS -_DEFERRED - 12/18Z78 The City Administrator referred to his transmittal of 11/9/78 suggesting that as a result of the favorable decision in the Terry lawsuit, Council might consi- der pursuing appointments to the Redevelopment Commission, in order that a subse- quent meeting could be held with a full Commission. Mayor Pattinson stated that he had reservations at this time in making appoint- ments to the Redevelopment Commission since he questioned whether such a commission would be necessary in the future. Councilman Mandic concurred, adding that the matter should be brought up at a later date with more information. He pointed out that the Redevelopment Commission has a large budget and he believed that some of these funds could be saved. Councilwoman Bailey believed that Council should meet with the Redevelopment Commission, pointing out that Council had not answered their questions. HAZARD ELIMINATION IN LAMBERT & SIMS GROVE PARKSITES - 5 6 000 APPROVED FOR eft - TAhATRln The City Adminstrator referred to his communication which attached communications from the Director of Public Works and the City Treasurer regarding the elimination of tree hazards in Sims Grove and Lambert Park and recommending that the funding come from the Insurance Reserve account rather than the Contingency Account. A motion was made by MacAllister, seconded by Bailey to approve the expenditure of $5,000, possibly $6,000 to be derived from the insurance fund for tree topping in the Sims and Lambert Parks area. The City Treasurer addressed the matter, following which Councilman Mandic suggested that staff explore the possibility of this type of work being done inside the City. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None McFADDEN AVENUE CLOSURE, - TO REMAIN OPEN The City Administrator referred to his transmittal of November 9, 1978 enclosing a communication from the Director of Public Works providing information based upon the recent Council action regarding closure of McFadden Avenue, and informing Council that the project is not eligible for gas tax funding; the amount requested from revenue sharing would have to be increased from $9,700 to $16,400. Councilman Siebert informed Council that he had attended a meeting with Councilwoman Bailey and did not favor residents being given a choice on what should be done with McFadden Avenue. He gave reasons why he was opposed to recommendations made by Councilwoman Bailey. He would, however, be in support of a temporary closure at McFadden Avenue on a trial basis. Councilman Thomas informed Council that he had spoken with many homeowners in the area and believed the majority favored McFadden Avenue remaining open. He made suggestions with regard to controlling the speed of vehicles in the area and also proposed the use of Stop Signs. Councilman Mandic stated that he was in favor of letting residents have the oppor- tunity of voting upon the matter. 1 4 "y` Page #11 - Council Minutes - 11/20/78 A motion was made by Thomas, to leave McFadden,Avenue open, and spend no further funds on the project. The motion died for lack of d second. A motion was made by Bailey, seconded by Mandic, to give residents in the area the opportunity of voting for the plan which they would like implemented. Mayor Pattinson informed Council that he would not vote on any plan other than that which had been chosen at the prior meeting. In his opinion, enough money had been spent and he favoredleaving McFadden Avenue open. A vote was taken on the motion made by Bailey, which failed as follows: AYES: Bailey, Mandic, Siebert NOES: Shenkman, Thomas, MacAllister, Pattinson ABSENT: None Councilman Siebert stated that in his opinion, should Council take no further action, there is no alternative but to carry through the action taken last April, which would be to close McFadden Avenue. To do otherwise would, he believed, be against parliamentary procedure. Councilman Mandic urged Council to take some type of action on the matter. Councilman Shenkman stated that the involved homeowners had sub- mitted recommendations; he was not willing to change from his original decision on the matter and urged Council to leave McFadden Avenue open. Discussion followed between Council and the City Attorney as to which motion was valid. A motion was made by Thomas, seconded by MacAllister, to leave McFadden Avenue open at Bolsa Chica Street. The motion carried as follows: AYES: Thomas, MacAllister, Bailey, Mandic, Pattinson NOES: Siebert ABSENT: None ABSTAIN: Shenkman TALBERT AVENUE ALIGNMENT The City Administrator referred to the November 6, 1978 Council meeting when Council met with the Recreation and parks Commission and took action relative to the alignment of Talbert Avenue. He attached to his transmittal of November 16 a communication from the Director of Public Works apprising the City Council of necessary actions to be taken subsequent to their action. The City Administrator informed Council that in order to expedite the matter he has directed the Director of Public Works to proceed with processing of the General Plan Amendment 78-3b, which would permit a hearing on Talbert Avenue alignment as an amendment to the Circulation Plan of Arterial Streets and Highways of the General Plan on November 28, 1978. However, the City Administrator informed Council that the Acting Planning Director informed him that because of the envir- onmental documents, the earliest this matter could be reviewed is February 1979. Mayor Pattinson endorsed the action of the City Adminsitrator. I/ ,L WATER DISTRICT ALTERNATE - BAILEY The City Adminstrator referred to his transmittal of November 16, 1978 informing Council that he had been requested by the Director of Public Works to bring Council's attention to the necessity of having an alternate appointed to the Costa Mesa Water 14 Page #12 - Council Minutes - 11/20/78 District and the Irvine Ranch Water District on water matters of importance to the City. Councilman Mandic now serves as representative to these districts. Mayor Pattinson directed that Councilwoman Bailey be appointed as an alternate representative to the Costa Mesa Water District and the Irvine Ranch Water Dis- trict. POLICY FOR -ON -SITE GRADING CONFERENCE - DEFERRED TO 11 27 78 COUNCIL MEETING The City Administrator referred to his recent transmittal which attached a letter from Jack Zahniser, Lecturer for the Department of Anthropology, California State University, Fullerton Concerning grading activities at the northeast corner of Slater Avenue and Gothard Street. As a result of this letter, the Acting Plan- ning Director had been requested to prepare a request for Council action recom mending that they adopt a policy requiring an on -site grading conference prior to any grading activities upon properties where there exists a known archaeological site. The City Administrator suggested that the matter be put on the agenda and brought up at the November 27, 1978 Council,meeting with the developers. Mayor Pattinson approved the suggestion. PROPOSED REORGANIZATION OF HARBORS & BEACHES/RECREATION & PARKS DEPARTMENTS-.-.- 'APPROVED - ORD NO 2332- NTR DU E -` The City Administrator referred to his transmittal which enclosed information relative to the proposed reorganization of the Harbors and Beaches, Recreation and Parks Departments. He recommended that a complete consolidation of the two departments be approved by Council. A motion was made by MacAllister, seconded by Thomas, to totally consolidate the Department of Harbors & Beaches with the Department of Recreation, Parks & Human Services. The Clerk was directed to read Ordinance No 2332 by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A DEPARTMENT OF HARBORS, BEACHES, RECREATION, AND PARKS." A motion was made by MacAllister,.seconded by -Thomas, to approve introduction of Ordinance No 2332 and approve staff's recommendation to consolidate the func- tions of Recreation, Parks and Human Services with the Harbors, Beaches and De- velopment department, to form a new Department of Harbors, Beaches, Recreation and Parks. Councilman Siebert informed Council that he was not in favor of the motion. He referred to recommendations made by staff on the matter. Councilwoman Bailey reminded Council that input was to be given by the Recreation & Parks Commission, which was not done. She gave reasons why she was opposed to the motion, adding that she would be willing to consider one of the alternatives. Councilman Mandic stated that he could not vote on the matter until cost-effectiveness was shown. Councilman Shenkman gave reasons why he would support the motion. A motion was made by Bailey, seconded by. Mandic, to table the motion. The motion to table failed by the following vote: 149 r Page #13 - Council Minutes - 11/20/78 AYES; Siebert, Bailey, Mandic NOES: Shenkman, Thomas, MacAllister, Pattinson ABSENT: None Councilman Shenkman did not believe the Recreation and Parks Commission should be involved in personnel matters: Councilman Siebert gave reasons why he did not support Councilman Shenkman's observations. In his opinion, input should come from everybody before a decision was made on the matter. Councilwoman Bailey expressed concern for the Human Services Division and believed that consolidation of the two departments could result in less priority being given to one of the departments. Mayor Pattinson stressed that the consolidation would not result in the cutting down of services. The motion made by MacAllister, seconded by Thomas, carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Pattinson NOES: Bailey, Mandic, Siebert ABSENT: None c� CALIFORNIA ANIMAL CONTROL - COMPROMISE SETTLEMENT APPROVED The City Administrator referred to the proposed compromise settlement between the City and California Animal Control. A motion was made by Mandic, seconded by MacAllister, to approve the recommended compromise settlement between the City and the California Animal Control in the amount of $2,000 and authorized the Mayor to execute the necessary documents, to compromise and settle the lawsuit. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Mandic, Pattinson NOES: Bailey ABSENT: None ABSTAIN: Siebert LOCAL COASTAL PROGRAM - DEVELOPMENT PERMIT PROCESS - DEFERRED TO 12/4/78 The City Administrator referred to the development permit process of the Local Coastal Program. It was determined that this matter would be discussed at the December 4, 1978 Council meeting. ORDINANCES FOR ADOPTION ORD NO 2328 - ADOPTED - ZONE CASE 78-13 The Clerk was directed to read Ordinance No 2328 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM COMMUNITY BUSINESS, COMBINED WITH OIL PRODUCTION, CIVIC DISTRICT TO COMMUNITY BUSINESS -CIVIC DISTRICT, SERVICE STATION ZONE ON REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF GOLDENWEST STREET AND YORKTOWN-AVENUE. (ZONE CASE NO 78-13)"' Councilman Thomas inquired why the City could not keep the old ordinances. The Acting Planning Director responded, following which discussion was held on the matter. 150 Page #14 - Council Minutes - 11/20/78 A motion was made by Bailey, seconded by Mandic, to adopt Ordinance No. 2328. The motion carried by the following roll call vote: AYES: Shenkman, Bailey, Mandic, Siebert, Pattinson NOES: Thomas, MacAllister ABSENT: None URGENCY ORD NO 2284 - ADOPTED - ZONE CASE 78-6 The Clerk was directed to read Urgency Ordinance No 2284 by title - "AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF WARNER AVENUE AND GOLDENWEST STREET (ZONE CASE NO 78-6)." On motion by Mandic, second Siebert, Council adopted Ordinance No 2284 by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Mandic, Pattinson NOES: None ABSENT: Bailey, Siebert ORDINANCE NO 2326 - TABLED INDEFINITELY - INTERNAL AUDITOR The City Clerk presented Ordinance No 2326 for Council's consideration. Council had referred Ordinance No 2326 to the City Attorney on October 2, 1978. A motion was made by MacAllister, seconded by Thomas, to table indefinitely Ordi- nance No. 2326. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Pattinson NOES: Bailey, Mandic, Siebert ABSENT: None I/ E CASE 78-14 - ND #78-92 WITH CONDITIONS - APPROVED, ORD NO 2329 - 0 The City Clerk presented a petition for a change of zone from Townlot Specific Plan - Area 1 to Q-C3 Qualified General Business District. Conditions related to access, parking and the site layout will be considered. The subject property is located at the northwest corner of 17th Street and Olive Avenue. A public hearing was held on the matter and closed on November 6, 1978, at which time Council referred same to the Planning Commission. The Clerk was directed to read Ordinance No 2329 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE CHANGE OF ZONING FROM TOWNLOT SPECIFIC PLAN AREA ONE - SECTION B TO QUALIFIED GENERAL BUSINESS DISTRICT ON REAL PROPERTY LOCATED AT THE NORTH CORNER OF SEVENTEENTH STREET AND OLIVE AVENUE (ZONE CASE NO 78-14)". A motion was made by MacAllister, seconded by Thomas, to approve ND #78-92 and Zone Case #78-14 with recommended conditions, and approve introduction of Ordi- nance No. 2329. The Acting Planning Director spoke on the matter, following which a vote was taken on the motion, which carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson 1 NOES: None 1 ABSENT: None �1 Page #15 - Council Minute - 11/20/7,8 WASTE WATER PERMIT FEES - TO BE ELI✓✓MINATEU iRCA 78-45) The City Clerk presented a communication from the City Administrator regarding the feasibility of eliminating the fee for connecting -to County sewers required of oil companies which connect to either the City, or County Sanitary Sewer Sys- tem. The City Administrator informed Council that the matter had come to his attention at the request of Councilman Thomas. Councilman Thomas believed that the fee charged by the City should be eliminated, since there is also a charge made by the County for the same service. A motion was made by Thomas, seconded by MacAllister, to eliminate the fee for connecting to County sewers required of oil companies by the City, which is required of oil companies connecting to either the City or County. The Director of Develop- ment Services confirmed that there was a duplication of services, explaining the circumstances. He recommended that the entire picture be studied and not only those which pertain to the Sanitation District but to the system and that an appro- priate adjustment be made to the fee structure, because of duplication. Council- woman Bailey stated that she preferred to wait until December to look over the matter and would vote against the motion at this time. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Mandic, Siebert, Pattinson NOES: Bailey ABSENT: None ✓ STEVERSON BROS MUD DUMP - NO ACTION TAKEN Councilman Siebert inquired as to how much money had been collected by the City in fines from the Steverson Bros Mud Dump. He stated that to his knowledge they had not been cited, as was previously agreed upon by Council. The City Attorney responded that nothing could be done since there had been no "complaining wit- ness". While the City could become a "complaining witness" as suggested by Council- man Siebert, the City Attorney's office had recommended that the matter not be pursued. Councilman Thomas concurred with the City Attorney and offered several suggestions on what might be done with the property in order to alleviate the problem. In his opinion, the.dumping of concrete created a public nuisance. Councilman Shenk - man reminded Council that he had favored re -zoning of the property over a period of the last four years. He suggested that staff be directed to pursue this approach to the problem, which in his opinion was the only way in which it might be resolved. Considerable discussion was held �on the matter between Council and the City Administrator regarding the problem. A motion was made by Bailey, seconded by.Siebert, to declare the Steverson Bros. Mud Dump to be a public nuisance.- The motion failed by the following vote: AYES: Bailey, Mandic, Siebert NOES: Shenkman, Thomas, MacAllister, Pattinson ABSENT: None 1 ;ZI Page #16 - Council Minutes - 11/20/78 EMPLOYEE'MORALE AND COUNCIL ATTITUDE Councilman Siebert expressed concern for what he believed to be the diminishing enthusiasm of employees. He also believes morale in the City to be low and urged Council to take aggressive action to strengthen it. In his opinion, the personnel rules should be enforced and adhered to, and employees assured of their rights. Should they present problems to Council, these would be openly dealt with. Council- man Siebert concluded by informing Council that he believed the rights of safe employees had been violated; th. the City has been somewhat derelict in its duty. GENERALPLAN AMENDMENT 79=1-'BUCCELLA-PROPERTY-TO'BE INCLUDED A motion was made by Siebert, seconded by Thomas, to include in GPA 79-1 the property on Talbert Avenue known as the Buccella property, which was zoned from industrial to residential as a re-evaluation of the total package for the City. The motion carried by the following vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert NOES: Shenkman, Pattinson ABSENT: None BOLSA CHICA ANNEXATION - APPROVED Mayor Pattinson referred to a transmittal from the Planning Department of an update on the status of the Bolsa Chica Annexation. He informed Council that he believed the City is missing out on revenue and in his opinion should be the lead ' agency, and not the County. A motion was made by Pattinson, seconded by MacAllister, to annex the Bolsa Chica. Discussion was held. The Acting Planning Director addressed the matter and informed Council that he would have to come back before Council with estimates of time and manpower necessary to handle the program. Councilman Shenkman stated that he was opposed to annexation to this point, however, if there was a provision for ROS designation, he would support the motion. Councilwoman Bailey concurred with Coun- cilman Shenkman's comment and inquired as to what area would be annexed. Councilman Pattinson amended his motion to include exploration of ROS designation. Councilman MacAllister seconded the motion to amend. The motion carried unani- mously. DOWNTOWN AREA - BUILDING CODE ENFORCEMENT Mayor Pattinson expressed concern that the building code was not being enforced in the downtown area of the City, in particular. He inquired as to what steps would be needed to reinforce the building code for the entire City. Councilman MacAll- ister informed Council that he supported the idea that the building code be enfor- ced and offered other suggestions for livening up the downtown area. However, he Was of the opinion that Council should spa y out of redevelopment business and mere- ly support it with new lighting,,tc. J COASTAL 00M+MISSION CHALLEN§ED RE "NQ PARKING" SIGNS ON PCH Mayor Pattinson referred to the notoriety given to the "No Parking" signs along Pacific Coast Highway and the Coastal Commission's allegations that they consti- tuted "structures" which obstructed access to the beach. Page #17 - Council Minutes - 11/20/78 A motion was made by Pattinson, seconded by MacAllister, to authorize staff to take steps to challenge the authority of the Coastal Commissio With regard to the regulating of signs along Pacific Coast Highway. The motion carried unani- mously. STATE'LITTER CONTROL GRANT Following discussion, a motion was made by Mandic, seconded by MacAllister, to direct staff to pursue the State Litter Control Grant of approximately $22,000 annually. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None TRAFFIC SIGNS AND STREET LINES IN DOWNTOWN AREA - TO BE REPAIRED/REPLACED A motion was made by Mandic, seconded by MacAllister, to request the Director of Public Works to repair and/or replace street lines and traffic signs in the down- town area and Pacific Coast Highway. The motion carried unanimously. MINI -PARK IN DOWNTOWN LOT/- APPROVED Councilman Mandic referred to a 25 foot lot in the downtown area which he considers to be an "eyesore" and suggested that the City develop a Mini -Park in the area, which had been suggested to him by the downtown merchants. He informed Council that one estimate had been obtained to put up a grapestake fence around the lot in the amount of $285 and another in the amount of $500. These estimates also included maintenance of the grass. A motion was made by Mandic, seconded by Bailey, to approve the concept of a mini -Park in the downtown lot, owned by the City. Mayor Pattinson gave reasons why he was opposed to the motion. In his opinion, small lots such as this one should be deemed surplus and sold. Councilwoman Bailey believed that such action would involve some time and pointed out that meanwhile, the downtown merchants are endeavoring to clean up the area. She believed Council should offer some support to their efforts. Councilman MacAlli- ster believed that basically such lots should be sold. Following discussion, Councilman MacAllister amended his motion to read that the City will contribute the sum of $285 in support of the Mini -Park, with the intent clarified that the lot will be declared surplus in the future. The motion carried by the following roll call vote: NOES: Shenkman, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: Thomas ABSENT: None COVERING OF MAIN STREET PARKING METERS - THROUGH CHRISTMAS APPROVED Councilman Mandic suggested that during Christmas, the parking meters on Main Street could be covered as had been done in the past. Over the three week closure, the revenue lost to�the City could amount to $81.0. He informed Council that he had discussed this matter with the merchants. Mayor Pattinson suggested that the matter be presented to Council at the next meeting. 1:5 } Page #18 - Council. Minutes 11/20/78 A motion was made by Mandic, seconded by Thomas, to cover the meters from December 1, 1978 until and including Christmas day. The motion carried by the following roll -call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson GOES: None ABSENT: None UPDATE COST BENEFIT ON ALL RESIDENTIAL ZONES REQUESTED Councilman Mandic requested information on what R1, R2, R3 and R4 zoning will cost the City, and whether a report of this type had been made. The Acting Planning Director apprised him of the situation, following which Mayor Pattinson directed that the matter be brought before Council when the appropriate information is available. EMPLOYEE MORALE Councilman Mandic referred to.comments made by Councilman Siebert regarding the morale of City employees. In particular, he requested that the City Administra- tor look into the matter of 11�grievanc6s" and that such matters be handled with expediency. ORD NO 2330 - INTRODUCTION APPROVED - DEPARTMENT OF DEVELOPMENT SERVICES The Clerk was directed to give Ordinance No. 2330 a first reading by title -"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING. CHAPTER 2.32, 2.34 AND 2.48: AND ADDING THERETO NEW CHAPTER 2.32 ENTITLED, "DEPARTMENT OF DEVELOPMENT SERVICES." Ordinance No. 2330 had been considered at the November 6, 1978 Council meeting, and a motion to approve same had failed on a 3-3 vote. A motion was made by Thomas, seconded by MacAllister, to approve introduction of Ordinance 2330. Councilwoman Bailey stated that she was in favor of the merger, however, she suggested steps which should be taken prior to reorganization. In her opinion, there was a need for fresh ideas and she suggested that the City advertise for a new Planning Director. She believed that this department had not been operating "up to par" which resulted in a disservice to Council and the community. Councilman Mandic stated that he had seen no figures showing cost effectiveness of the merger. He would prefer to see some definite guidelines for some definite change in command developed prior to any type of reorganization. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Pattinson NOES: Bailey, Mandic, Siebert ABSENT: None COUNCILMAN MANDIC TEMPORARILY LEFT THE MEETING AT THIS TIME. 5:j Page #19-- Council Minutes - 11/20/7JV STEVERSON BRAS_ MUD DUMP REZONING -'CESSATION: OF DU14PING - TO BE: EXPLORED ` A motion was made by Thomas, seconded by Shenkman, to direct staff to establish a procedure by.which re -zoning of the Steyerson Mud DuMp can be explored. The motion carried by the following vote: AYES: Shenkman, Thomas, MacAllister, Siebert, Pattinson NOES: None ABSENT: Mandic ABSTAIN: Bailey A motion was made by Thomas, seconded by MacAllister, to direct staff to set up a 'procedure whereby all Class III dumping be stopped at the Steverson Mud Dump until something is done with the sump. The City Attorney informed Council that the question of whether the City would be liable for such action would need to be explored before such action could be taken. Councilman Thomas withdrew his motion. Councilman MacAllister withdrew his second to the motion. A motion was made by Thomas to declare the Steverson Mud Dump a public nuisance and stop all dumping in the area. The motion died for lack of a second. COUNCILMAN MANDIC RETURNED TO THE MEETING AT THIS TIME. A motion was made by Thomas, seconded by MacAllister, to direct staff to come back with recommendations as to a procedure by which dumping can be stopped at the Steverson Mud Dump. The m tion carry ed unanimously. TRANSFER OF OIL FIELD SUPERINTENDENT - DISCUSSION - NO ACTION Councilman Thomas;referred to the position of Oil Field Superintendent. He in- formed Council that he had discussed the duties of the Oil Field Superintendent with the City Administrator, who had concurred with him in his recommendation that he be -reinstated in the Building Department. Councilman Thomas believed that this action would save the City approximately $25,000 and gave reasons for his opinion. The City Administrator suggested the possibility of the Oil Field Superintendent -absorbing the responsibilities of both departments. Mayor Pat- tinson reminded Council that according to the Charter, the duties of an individual cannot.be specified. Councilman Shenkman requested the Director of Development Services to come back with a written job description and recommendations upon whicK Council could act. Following discussion, Councilman MacAllister stated his belief that Council had been out of order in making the initial transfer. A motion was made by Thomas, seconded by MacAllister, to transfer the Oil Field Superintendent back to the Building Department. The City Administrator suggested that staff come back with information and a job description. Mayor Pattinson gave reasons why he was against the motion, which was mainly because he did not believe it to be legal. A vote was taken on the motion, which failed as follows: AYES: Shenkman, Thomas, MacAllister NOES: Bailey, Mandic, Pattinson ABSENT; None ABSTAIN: Siebert A motion was made by Pattinson, seconded Development Services to return with the by MacAllister, to direct the Director of correct -procedure and information on whether 156 Page #20 Council Minutes - 11/20/78 or not a change to or deletion of the ordinance would be involved. the motion failed by, the. following,tie vote; AYES:. Shenkman, MacAllister, Pattinson NOES: Thomas, Mandic, Bailey ABSENT: None ABSTAIN: Siebert UCTION"PROCEDURE -Councilwoman Bailey informed Councilman Shenkman that she was not happy with the method by which he conducted proceedings for election of the Mayor at the November '69, 1978 Council meeting. In her opinion, the public.should.have been given the opportunity to speak and it was improper of Councilman Shenkman to have endeavored to.choose.a successor when he would not be on the Council to answer for such action at a later time. ' RENT STABILIZATION FOR MOBILE'HOME'OWNERS';'BAILEY TO.CHAIR'COMMITTEE . Councilwoman Bailey referred to a communication from the Committee for Rent Stabili- zation requesting Council assistance relative to rent increases at Huntington - By -The -Sea Mobile Home Village and submitting an informal petition listing approxi- mately 361 signatures of residents requesting Council's consideration -of rent sta bilization for mobile -home owners. She .informed Council that she believes there is areal problem in this area.and that Council owes it to the citizens to see how the City canhelp; to.meet with them: and discuss how this could best be done. Mayor Pattinson invited concerned members of the audience to address the subject briefly. e Mar• Helen Reach renter, addressed Council and informed them that she had met with the owners of Huntington -By -The -Sea Mobile Home Village but that no problems had been resolved. She listed reasons why the rents had been raised and concluded by informing Council that since 7975 rents had been increased by 64%. We Ferrier, renter, addressed Council and informed them that he had moved to the Huntington -By -The -Sea Mobile Homes.because of the comparatively low monthly rent, which.he believed was low because of the environment on all sides which he considered undesirable. He referred in particular to the Edison plant, dirt, the squallor of Cabrillo Park and the unweeded area, and informed Council that he lived on a cul-de-sac which consisted of 107 residences. Norma Gormley, renter, addressed Council and informed Council that she had purchased her,home in February, 1978 and her rental space was $40 more than anyone else in that section of the park. Since that time, a further-$19 has been charged. She referred to hazardous conditions in the mobile park: the driveway which had been. promised would be repaved; the Loud and -silt caused by the rains and the fact that there was only one entrance -and exit for the 305 mobile homes. In conclusion, she urged Council to support some type of rent stab.i'lization.. Anh Lewis, renter, addressed Council and inforiped them that children.and pets were - pe mi tted: i n -the park, at - A charge of $3 -each. She referred to, agreements which have -been changed and urged that legfslatign be.giyen'by:the City to make. mobile -home park owners honor them; together with submission of an annual report showing just cause.for rental increases: y 1 Page #21 - Council Minutes - 11/20/78 Louise M. Surhoff,.renter, addressed Council and informed them that she feels trapped and he7pless,in the situation and reminded Council that 75% of the mobile - home owners are on rigid incomes; no acceptable reasons were giyen for the rent increases. In conclusion, she urged Council to consider the matter. Hugh H. Harr'en, Executive Director of the new Mobile Homeowners Association being formedad ressed Council and informed them that rent increases have been the number one problem for several years because of the zero vacancy factor in the County, pointing out that there are no guidelines or control with which mobile home park owners have to abide; that no city within Orange'County has taken steps to assist renters. Mr. Harren referred to several cities which do enforce rent ordinances or stabilizers. He informed Council that Huntington Beach had been the only city he had seen to put the matter before them for consideration. Shirley Commons, Vice -President of the Huntington Beach/Fountain Valley Board of Realtors, addressed Council and informed them that she was conCL.,ned regarding the implications of City government becoming involved in tenant/landlord decisions. In her opinion there were not enough spaces for mobile homes in the area which was the largest contributing factor to the problem. Mrs. Commons informed Council that she had met with the tenants and landlords of the mobile home park and in her opinion the most serious problem was a basic lack of communication. She further stated that she would be happy to set up a "Hot Line" if needed, and offered to assist the City in any way possible through the Board of Realtors. r Pat Kish, Anaheim, addressed Council regarding mobile homes and discussed Council's authority in handling rent control. Steve Novarro addressed Council and informed them that he is one of the owners of Huntington -By -The -Sea Mobile Home Village. He referred to a meeting with Council- woman Bailey and renters and a rebate which was offered to the renters. Mr. Novarro apprised Council of the high maintenance level, numerous electrical problems, major capital improvements which had to be made to the property. With reference to rent control, Mr. Novarro believed that the rents were in line with many parksites in the area. He informed Council that the average rent was $181 a space which he believed reasonable. Al Van.Schaick, one of the owners of Huntington -By -The -Sea, addressed Council and informed them that he had attended the meeting referred to earlier. In reference to children in the park, he explained that there had been problems and it had been decided not to accept any more children but that no people had been evicted. Referring to gas and electric meters, he informed Council that the owners did not have any control over these. Mr. Van Schaick explained the problem of entrance to the mobile homes. In regard to noise and fallout, the Edison Company had been contacted about these matters but not much had transpired. Ruth B. Carr addressed Council and informed them that she had been listening to the camp ants which she believed to be true. Mrs. Carr referred to Proposition 13 which she believed had helped everybody except the mobile home people which in her opinion was unjust. Councilwoman.Bailey stated that the Board of Realtors had made good suggestions and were willing to write letters on behalf ofrenters to landlords in the'City and also establish -a "hotline"'for'complaints. In her opinion there is a real problem with regard to access-to.'the*park and hazardous conditions of the roads. The owners were being fair in offering a'rebate, she'stated. 15 Page #22 - Council Minutes - 11/20/78 Councilman Shenkman informed Council that he was not in favor of rent control. He stated that he opposed any form of goyernment by the City in the marketplace of private enterprise: In his opinion, rent control has a destructiye effect upon homes in the area and he. gave other reasons for opposing any rent control in the City. 1 Councilman Mandic stated that he could see no justification for the rent increases since last April. 3 Councilman Siebert was of the opinion that something should be done in regard to rent increases. Councilman MacAllister stated that he was opposed to rent stabilization and woul& not support such type of enforcement. However, he was concerned whether a safety factor existed with regard to entrance and exit to the park. Mayor Pattinson commended the Board of Realtors for their offer of help and stated that he would like to see them get involved. He requested Councilwoman Bailey to chair a committee consisting of the Board of Realtors, owners of the park and concerned renters and submit theirroposals to Council. ZONE CASE 78-51 AND ZONE CASE 78-59 - APPEAL FILED Councilman MacAllister requested that the Planning Commission reconsider Zone Case 78-51 and Zone Case 78-59, however, it was determined that an appeal had already been filed. EEOC CONFERENCE EXPENDITURE - DENIED - (RCA 78-58 The City Clerk presented a transmittal from the City Administrator of a communica- tion from the Equal Employment Opportunity commission requesting appropriation of $143 from their budget to send a representative to an affirmative action conference in San Mateo on December 1-2, 1978. A motion was made by MacAllister, seconded by Siebert to approve expenditure of $143 from the EEOC budget to send a representative to San Mateo for the Decem- ber 1-2, 1978 conference. Mayor Pattinson gave reasons why he did not support the motion. Councilman Shenkman spoke in favor of the motion. The motion failed by the following roll call vote: AYES: Shenkman, MacAllister, Siebert NOES: Thomas, Bailey, Mandic, Pattinson ABSENT: None SANITARY SEDER SERVICE ON HUNTINGTON STREET - CONCEPT OF CITY FINANCING - The City Clerk referred to a transmittal from the Department of Public Works of a communication from owners of two properties fronting on Huntington Street, north of Main Street, requesting the City to participate in the cost of a sani- tary sewer. Discussion was held on the matter, following which a motion was made by MacAllister seconded,by Shenkman to (a) Approve the concept of the City pre -financing the cost of the sanitary sewer installation fronting the vacant parcels, -if the owners of 159 Page #23 - Council Minutes - 11/20/78 the developed property will pay for the cost of the sewer fronting their parcels, and (b) Authorize the City staff to prepare an :agreement between the City and the interested property owners. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Mandic, Siebert, Pattinson NOES: Bailey ABSENT; None % ORANGE COUNTY FLOOD CONTROL PROJECTS - RESOLUTION COVERING'CHANNELS IN CITY TO nr L nnr nrn The City Clerk referred to a communication from the Department of Public Works regarding the County's Flood Control District's $13,799,611 budget adopted by the Board of Supervisors for construction and right-of-way acquisition of Flood Control facilities. On motion by Siebert, seconded by Mandic, Council directed the City Attorney to prepare a resolution urging the County of Orange to allocate some funds for improve- ment of Channels in the City of Huntington Beach. The motion carried unanimously. MASTER CONCESSIONAIRE - HUNTINGTON CENTRAL PARK - COOPER TO REPRESENT THE RECREA- TMKI Akin DADVC rnU1ATCCTnK1 The City Clerk referred to a communication from the Recreation and Parks Commission recommending that Commissioner Tom Cooper be permitted to represent the Commission on the Master Concessionaire Negotiating Committee. A motion was made by Siebert, seconded by Bailey, to approve the request of Com- missioner Cooper to represent the Recreation & Parks Commission Services on the Master Concessionaire Negotiating Committee. Mayor Pattinson gave reasons why he would not support the motion, with which Councilman MacAllister concurred. The motion carried by the following vote: AYES: NOES: ABSENT: Thomas, Bailey, Mandic, Siebert Shenkman, MacAllister, Pattinson None REAL ESTATE CONSULTANT - CONCEPT APPROVED The City Clerk referred to a communication from the City Administrator regarding the need to engage a private consultant with a legal background who is specialized in real estate negotiations in order to assist the City in dealing with its private leases. A motion was made by MacAllister, seconded by Shenkman, to approve the concept of engaging a private consultant with a legal background, specializing in real estate negotiations to assist the City in dealing with its private leases, and seek-b.ids from real estate consultants with legal backgrounds. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Pattinson NOES: Bailey, Mandic, Siebert ASSENT: None 160 Page #24 - Council Minutes - 11/20/78 Considerable discussion was held between Council and staff regarding the merits of having an outside consultant to -aid the'City in dea4ling with its priyate leases. BID AWARD'- MCFADDEN AVENUE IMPROVEMENTS CC-�300 ', SULLY MILLER CONTRACTING CO The City Clerk presented a communication from the Director of Public Works stating that bids had been received for the widening of McFadden Avenue from Gotharrd . Street to the San Diego Freeway - AHFP #753. The bids were opened on November 9, 1978 in the Council Chamber by the City Clerk and the Director of Public Works. Bids submitted were as follows: Sully -Miller Construction Co. Inc. - $ 98,548.20 Griffith Co. - 104,829.30 Cal -Ex Paving Co. - 109,361.00 McGrew Construction Co. - 118,849.12 A motion was made by MacAllister, seconded by Pattinson, to award the contract for the widening of McFadden Avenue from Gothard Street to the San Diego Freeeway to Sully Miller Construction Co. Inc. for a contract amount of $98,548.20, hold all other bids until Sully -Miller Construction Co. Inc. has executed the contract and filed the necessary bonds and insurance, and direct the City Clerk to notify the unsuccessful bidders of the action, returning their bid bonds forthwith. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None BID AWARD - CONSTRUCTION OF MISCELLANEOUS PUBLIC WORKS IMPROVEMENTS - DEFERRED The City Clerk presented a communication from the Director of Public Works stating that bids had been received for the construction of miscellaneous public works improvements at various locations within the City. The bids submitted were as follows: Silveri & Ruis Const. Co - $ 215,544.75 Cal -Ex Paving Co. - 269,375.00 T. J. Crosby, Co., Inc. - 272,510.00 Richard J. Gosselin - 286,755.00 Damon Const. Co. - 299,411.55 Sully -Miller Const. Co. - 362,870.00 The City Administrator informed Council that there had been some mistake in regard to bid information and the Director of Public Works had requested that the matter be deferred to the December 4, 1978 Council meeting. A motion was made by MacAllister, seconded by Shenkman, to reject all bids and authorize the readvertising of bids. The motion carried by the following roll call vote; AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT; None 16__ Page #25 - Council Minutes - 11/20/78 CITY -Of YORBA LINDA RESOLUTION RE; STATE LE91SLATEE The City Clerk presented a resolution from the City of Yorbo Linda re uesting the State Legislature to strengthen regulations relating to State -Licensed contractors. A motion was made by Bailey to support the City of Yorba Linda's resolution request- ing the State Legislature to strengthen regulations relating to State -Licensed Contractors. The mot' n-died for 'lack of a second. CALL EXECUTIVE SESSION The Mayor called an Executive Session of Council for the purpose of discussing personnel and litigation matters. RECESS - RECONVENE Mayor Pattinson recessed Council. The meeting was later reconvened by Mayor Pattinson with Councilmen Shenkman and Siebert recorded V� absent. DAHL VS CITY OF HUNTINGTON BEACH - SETTLEMENT AGREEMENT APPROVED A motion was made by MacAllister, seconded by Bailey, to approve the Settlement Agreement in the matter of Dahl vs. the City of Huntington Beach. The motion carried unanimously. ABBOND VS CITY OF HUNTINGTON BEACH - OFFER OF COMPROMISE RE1E1TE1 A motion was made by MacAllister, seconded by Bailey, to reject the Offer of Compromise in the matter of the mandatory settlement of Abbond vs. the City of Huntington Beach. The motion carried unanimously. ✓" RES NO 4701 - ADOPTED - MEMORANDUM OF AGREEMENT/MANAGEMENT EMPLOYEES ORGANIZATION The City Administrator read Resolution No. 4701 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMO- RANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION." A motion was made by MacAllister, seconded by Bailey, to adopt Resolution No. 4701. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Pattinson NOES: None ABSENT: Shenkman, Siebert ✓j RES NO 4702 - COMPENSATION FOR CERTAIN NON -ASSOCIATED EMPLOYEES - ADOPTED The City Administrator read Resolution No. 4702 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING COMPENSATION FOR CERTAIN NON ASSOCIATED EMPLOYEES." A motion was made by MacAllister, seconded by Bailey, to approve Resolution No. 4702. The motion carried by the following rpll call rote: AYES: Thomas, MacAllister, Bailey, Mandic, Pattinson NOES: None ABSENT: Shenkman, Siebert Page #26 Council ADJOURNMENT Minutes - 11/20/78 Mayor Pattinson adjourned the t,egular Meeting of the City Council of the City of Huntington Beach'at 12;45,.A.M. to November 270,1978 at 7.00.P.M:, Room'B-.8, Civic Center. ATTEST: . City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California gyp, Mayor 163