Loading...
HomeMy WebLinkAbout1979-08-201 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, August 20, 1979 Mayor MacAllister called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:30 P.M. ROLL CALL Present: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley Absent: None EXECUTIVE SESSION CALLED Mayor MacAllister called an Executive Session of Council for the purpose of discuss- ing personnel and litigation matters. RECESS - RECONVENE Mayor MacAllister called a recess of Council. The meeting was reconvened by the Mayor. ADJOURNMENT The adjourned regular meeting of the City Council of the City of Huntington Beach was adjourned by Mayor MacAllister. ATTEST: City Clerk City C er and ex-o ficio Clerk of the City Council of the City of Huntington beach,, California _ 1 ,!=MEMO' .•' 14 MINUTES Council Chambers, Civic Center Huntington Beach, California Monday, August 20, 1979 A tape recording of this meeting is on file in the City Clerk's Office Mayor MacAllister 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 given by all present in the Council Chamber. The invocation was given by Linda Johnson, YMCA staff. ROLL CALL Present: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley Absent: None COMMENDATION - ST BONAVENTURE CATHOLIC CHURCH & PROJECT HOPE The Mayor presented a plaque to Carol Bedell, representative from Project HOPE in appreciation of the contributions made to Oak View Center by St. Bonaventure Catholic Church and Project HOPE. PRESENTATION TO CITY TREASURER Warren Hall, City Treasurer, accepted a plague from the Special Events Board in appreciation for his cooperation on the water insert for the 4th of July Parade and Celebration. PRESENTATION TO CHARLES OSTERLUND - HBPR COMMISSIONER Mayor MacAllister presented a plaque to Charles Osterlund in appreciation of his service on the Harbors, Beaches, Recreation and Parks Commission. PRESENTATION TO WANDALYN HILTUNEN - PERSONNEL BOARD The Mayor presented a plaque to Wandalyn Hiltunen in appreciation for her service on the Personnel Board. RECOGNITION OF VISITORS FROM FRANCE Mayor MacAllister introduced Mr. and Mrs. Roland Perroy, visitors from Cavaillon, France. Mr. and Mrs. Perroy are guests of Mr. and Mrs. G. W. Neal under the auspices of Meet the Americans Program of the American Host Foundation. PRESENTATION OF CHECK TO JUNIOR LIFEGUARD PROGRAM Mayor MacAllister announced that a check in the amount of $400 had been presented to the City by Mr. and Mrs. Ray Fahnestock for the Junior Lifeguard Program. Page #2 - Council Minutes - 8/20/79 CONSENTCALENDAR - ITEMS REMOVED) Councilwoman Bailey requested that the item pertaining to the amendment to the contract between the City and R. L. Kautz be removed from the consent calendar for separate discussion. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Mandic, second Finley, the following items were approved, as recommended by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of August 6, 1979, the regular meeting of August 6, 1979 and the corrected pages of December 4, 1978, as written and on file in the Office of the City Clerk. REIMBURSEMENT AGREEMENT 77-D3 - FAMILY HOME BUILDERS - Approved and authorized execution of Reimbursement Agreement No. 77-D3 between the City and Family Home Builders for the construction of a catch basin and 20 feet of drain pipe to serve 2323 Huntington Street and adjacent properties. NOTICE OF COMPLETION - MAKE-UP DOCK - WARNER AVE FIRE STATION - CC-483 - Accepted work on t e construction of a make-up dock at the War5er Avenue Fire Station, completed by Ye Dock Master for the contract amount of $8,500 and instructed the City Clerk to file a Notice of Completion. PARCEL MAP 79-555 - G F GOEDEN & CO - Approved Final Parcel Map No. 79-555 pursuant to man atory findings set forth by the Board of Zoning Adjustments and accepted offer of dedication on property located on the west side of Beach Boulevard, north of Ellis Avenue, and directed the City Clerk to execute same and release for processing by the County. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 78-175 R REJECTED -MILLER - Refused Application for Leave to Late Claim No. 78-175 filed by Thomas W. Miller, for incurred on or about August 14, 1978 in the vicinity EFUSED - LATE CLAIM 78-175 - resent Late Claim and reJect alleged personal injuries of 112-9th Street, City. WARNER AVENUE RELIEF SEWER - PHASE II - AGRMT - CC-471 - Accepted the proposal from Hall and Foreman, Inc., for the design a the Warner venue Relief Sewer, Phase II, and authorized the execution of the professional service agreement. SLATER STORM DRAIN PUMP STATION BLDG DESIGN - CC-495 - Accepted the proposal from Cash an Jenkin Engineers for the design of the S ater Storm Drain Pump Station Buildings and authorized the execution of a professional service agreement. AMENDMENT TO CONTRACT - R L KAUTZ - APPROVED The City Clerk presented a transmittal from the Personnel Department of an amendment to the contract between the City and R. L. Kautz & Company for the administration of the Workers' Compensation Program. Councilwoman Bailey stated that she believed if the contract were going to be amended that other quotations should be sought. f6 Page #3 - Council Minutes - 8/20/79 On motion by Pattinson, second Yoder, Council approved and authorized execution of an amendment to the contract between the City and R. L. Kautz and Company for the administration of the Workers' Compensation Program. The motion carried by the following vote: AYES: Pattinson, Mandic, MacAllister Yoder, Finley NOES: Bailey ABSTAIN: Thomas ABSENT: None PUBLIC HEARING - ZONE CASE 79-6 - APPROVED - ORD NO 2393 - INTRODUCED Mayor MacAllister announced that this was the day and hour set for a public hearing to consider a petition filed by Mr. Robert Curtis to change the zoning of the 6.1 acres of land located at the southeast corner of Warner Avenue and Sims Street from R2 (Medium Density Residential) and R3, (Medium - High Density Residential) to R3-19, (Medium - High Density Residential) allowing 19 units per gross acre. The Council will also consider Negative Declaration No. 79-46 in conjunction with the subject zone case. The City Clerk announced that all legal requirements for notification, publication, and posting had been met, and that a letter from Mrs. Margaret Taylor Levins object- ing to the zone case had been received by her office. Mayor MacAllister declared the hearing open. Councilman Pattinson commented that the objections stated in Mrs. Levins' letter did not appear to have merit as the use of the property would remain residential as desired by Mrs. Levins. There being no one present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The Clerk was directed to read Ordinance No. 2393 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 MEDIUM DENSITY RESIDENTIAL DISTRICT TO MEDIUM - HIGH DENSITY RESIDENTIAL DISTRICT ON REAL PROPERTY LOCATED ON WARNER AVENUE BETWEEN LYNN AND SIMS STREETS (ZONE CASE 79-6)." On motion by Pattinson, second Mandic, Council adopted Negative Declaration No. 79-46, approved Zone Case No. 79-6 and approved introduction of Ordinance No. 2393. The motion carried unanimously. IC HEARING - LIST OF WEED ES FOR 1979 - HEARING Mayor MacAllister announced that this was the day and hour set for a public hearing to hear objections of property owners shown on the list of Weed and Rubbish Abate- ment charges for the year 1979 as posted at the outside entrance to the Council Chamber in accordance with Government Code, Chapter 13, Article 3, State of Califor- nia to the charges listed thereon. The Clerk presented the Affidavit of Posting Notices of Weed Abatement Charges as sworn to by Michael Zambory, Street Superintendent. Mayor MacAllister declared the hearing open. 27 Page #4 - Council Minutes - 8/20/79 There being no objections voiced, the Mayor declared the hearing closed. The Clerk was directed to read Resolution No. 4789 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING REPORTS OF COST FOR WEED ABATEMENT, 1979 SEASON, ON LOTS WITHIN THE CITY." On motion by Mandic, second Yoder, Council waived further reading of Resolution No. 4789 and adopted same by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder NOES: None ABSENT: None ORAL COMMUNICATIONS COMMUNICATION FROM F E BARBER RE: PARKING PROBLEM The City Clerk presented a communication from Mr. F. E. Barber requesting to address Council regarding the parking problem he has encountered in front of his home on Shields Drive on street sweeping days. A communication dated July 20, 1979 from Mayor MacAllister to Mr. Barber relative to the problem was also transmitted. Mr. Barber addressed Council regarding the parking problem. He stated that he has taken a survey of streets in the City and believes there will be a problem if the street cleaning program is expanded. He suggested that to preclude ticketing of vehicles the police supply their traffic personnel with a list of license plates of vehicles which cannot be moved. Following discussion, the Council requested the Department of Public Works to prepare a report as to the effectiveness and feasibility of the street sweeping program. Roland Clark, Town & Country Spa, addressed Council regarding the provisions of proposed r finance No. 2395; in particular, the provision requiring massage techni- cians to attend a recognized school of massage but neglecting to make provision for an apprenticeship program which would allow the massage technician to be employed while fulfilling school requirements. He objected to the proposed increase in the business license fee and the requirement that an applicant must furnish a copy of his lease agreement in his application for permit. Mr. Clark stated that he believed many sections of the ordinance were excessive, restrictive and unconstitutional. Mike Louros addressed Council and spoke against restricting the hours of operation from 7:00 T.M. to 10:00 P.M. as many inebriated people coming in during 10:00 P.M. to 2:00 A.M. and are placed in the Jacuzzi and given coffee, thereby keeping them off the road. He stated that he believed the ordinance was written in a manner to adjudge the applicants.guilty before evidence of misconduct. He stated that he would like to work with the Council in an attempt to weed out the undesirable element in the massuese business. Linda Brutson, addressed Council and stated that she did not believe massage establish- ments were detrimental to the community and spoke regarding the beneficial aspects of massage therapy. Robert Reed, addressed Council and gave reasons why he believed legitimate massage establish ts were beneficial to the community. He stated his disagreement with the schooling requirement and his belief that portions of the proposed ordinance were unconstitutional. 7S Page #5 - Council Minutes - 8/20/79 Carla Twigley, addressed Council and stated her opposition to the increase in the massage technician's application fee as it was not consistent with the consumer price index. She also spoke in opposition to the massage technician transfer of location fee. Susie Clearwater, volunteer at the Women's Center and part-time masseuse, addressed Council and spoke in opposition to the proposed ordinance stating that she believed portions of the ordinance were restrictive and unconstitutional. Michael Kirshbaum, attorney at law, addressed Council and stated that he was not connected with any massage establishment, however, he had read the proposed ordi- nance and believed many portions of it were unconstitutional, referring in particular to S. 5.24.070 relative to the role of the Chief of Police. Cindy Sessions, addressed Council and gave reasons for her opposition to the proposed ordinance. Susan Hockman, representing Down & Country Spa, addressed Council and stated that her research had shown that there were not the number of applications pending for massage establishments as stated by the Police Chief. She stated that she believed the requirement for 750 hours of schooling was unreasonable as the state only requires 100. She also stated her opposition to other parts of the ordinance. Art Waybourn, Vice -Commander of VFW Post #7368, Huntington Beach, addressed Council regarding the agenda communication from the City Public Information Officer relative to the request of the local veterans groups that the war memorial located at the east end of Memorial Hall be relocated to a more appropriate place. He thanked Mr. Bill Reed, Public Information Officer and Councilman Thomas for their assisdtance in the matter. Richard Parker, addressed Council and stated that he resided at 16271 Fairway Lane, sty, and that speeding motorcycles and cars were causing a great problem in his neighborhood. He requested that less police attention be directed to massage esta- blishments and more to problems of this nature. The Mayor requested the City Admini- strator to have the police look into the matter and put extra patrol in the area. Lorraine Faber, addressed Council and stated that she wished to make it a matter of record that the HOME Council had not been involved in the recent recall effort. She also stated that she wished to make it clear that the HOME Council was not involved in the pending grand jury inquiry into the recent restructuring of the Planning Commission. She urged Council's support of the proposed Huntington Beach Political Campaign Ordinance, sponsored by the HOME Council, and scheduled for consi- deration later in the meeting. She stated that she believed this ordinance would preclude what she believed appeared to be influence buying in the City. She stated instances which she believed did not meet proper campaign standards citing contribu- tions by certain developers to the campaigns of Councilman Pattinson and former Councilman Shenkman. Tom Livengood, addressed Council in favor of the proposed Huntington Beach Political Campaign Ordinance stating that it would limit the amount of funds which could be contributed by special interested groups. He requested that Council support the measure, just as a similar ordinance for the County of Orange had been endorsed by Council. Joe Whaling, addressed Council regarding the apparent design the City has for Hunt- ington Central Park. He suggested that Council involve the immediate neighborhood 279 Page #6 - Council Minutes - 8/20/79 in anything to take place in the park. He stated that Central Park Drive was being used as a drag strip and recommended that speed bumps and parking lines be established to strongly indicate that it is a parking lot and not a full street. RES NO 4790 - ACQUISITION OF REAL PROPERTY - EMINENT DOMAIN - WARNERZGW - _DEFERRED 71% nip The City Clerk presented Resolution No. 4790 for Council's consideration - "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ACTING AS ITS REDEVELOP- MENT AGENCY PURSUANT TO SECTION 33200 OF THE HEALTH AND SAFETY CODE, DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE WARNER/GOLDENWEST PROJECT AREA IN THE CITY OF HUNTINGTON BEACH FOR REDEVELOP- MENT PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN." A slide of the area was presented for Council's information. The Mayor called the noticed hearing open stating the hearing was restricted to involved property owners or their representatives. C. Bob Fer uson, Attorney at Law, adressed Council and stated that he did not believe his clients had been given the opportunity to participate in the Participation Agree- ment. He cited a recent legal case which he believed demonstrated that the persons should be offered participation rights. The City Attorney responded to the matter stating that the court had ruled that the City had complied with all legal require- ments. Mr. Ferguson stated that there were no notices in the record stating that his clients had been asked to participate. A communication dated August 16, 1979, from C. Robert Ferguson, Attorney at Law, representing several property owners, had been provided to Council together with a communication from the City Attorney dated August 16, 1979 regarding the proceed- ings. There being no one present to speak further on the matter, and there being no further protests, either oral or written, the hearing was closed by the Mayor. Discussion was held by the City Council, City Attorney and Development Services Director regarding the matter. Councilman Pattinson suggested a continuance of the item to allow the City Attorney to investigate the matter further. On motion by Pattinson, second Bailey, Council continued consideration of Resolu- tion No, 4790 to the September 4, 1979 Council meeting. Motion carried unanimously. DENIAL OF CE 79-17 - PARKING COMPANY OF AMERICAN - FINDINGS OF FACT ADOPTED - RCA 79-51 The City Clerk presented a communication from the City Administrator transmitting new findings of fact relating to Conditional Exception No. 79-17 which was denied by Council on August 6, 1979. A motion was made by Pattinson, seconded by Mandic, to adopt the following findings of fact and deny Conditional Exception No. 79-17: 1. The applicant is Parking Lot Company of America. 2. The property owner is the State of California (CalTrans). 2S0 Page #7 - Council Minutes - 8/20/79 3. The property is located at Beach Boulevard and Pacific Coast Highway on the northeast corner. 4. The use is a seasonal parking lot. 5. Such use has existed for a period in excess of two summer seasons. b. A seasonal parking lot is a permitted use of the property as zoned for no longer than two summer seasons unless the development standards of Hunting- ton Beach Ordinance Code Sections 9730.28 and 9728.1 are complied with. 7. Applicant has not complied with the required development standards. 8. Applicant's tenancy of the property is on a month -to -month basis. 9. The limitation as to seasonal parking lots is a policy consideration imposed to obviate blight and to protect surrounding areas from the detriment caused by the continuance of transitory uses such as seasonal parking lots. 10. Granting applicant's request would violate the City's policy as announced above and would cause detriment to the surrounding area. 11. Applicant has shown.no hardship excepting a speculative economic one, that the development costs could exceed the beneficial use to be deprived. Considerable discussion was held by Council and staff. The motion carried by the following vote: AYES: Pattinson, Mandic, MacAllister, Yoder, Finley NOES: Thomas, Bailey ABSENT: None APPLICATION FOR CERTIFICATE OF PUBLIC NEED & NECESSITY - APPROVED - DIABLO VA PATQn1 - (Pr.A 7a-r% The City Clerk presented an Application for Certificate of Public Need and Necessity pursuant to Chapter 5.40 of the Huntington Beach Municipal Code, submitted by Diablo Valley Patrol, Southern -California Division, to operate a private patrol service at various locations within the City. On motion by Pattinson, second Mandic, Council approved the Application for Certi- ficate of Public Need and Necessity submitted by Diablo Valley Patrol, Southern California Division, to operate a private patrol service at various locations within the City. Motion carried unanimously. RECESS - RECONVENE The Mayor called a recess of Council at 9:30 P.M. The meeting was reconvened at 9:40 P.M. by the Mayor. MEETING WITH SUPERVISOR WIEDER The City Administrator brought Council's attention to a request from Supervisor Wieder for another study session with the City Council. 281 Page #8 - Council Minutes - 8/20/79 Mayor MacAllister stated that he was meeting with Supervisor Wieder on August 24th, and that in the future if it is the desire of the Council, a meeting can be scheduled. HOME COUNCIL - PROPOSED HB POLITICAL CAMPAIGN ORDINANCE - TABLED The City Clerk presented a communication from the HOME Council transmitting their proposed Huntington Beach Political Campaign Ordinance for Council's consideration. Discussion was held by Council regarding the Council action taken on this item at the August 6, 1979 meeting. A motion was made by Bailey, seconded by Finley to discuss the communication from the HOME Council regarding their proposed Huntington Beach Political Campaign Ordi- nance. The motion carried by the following vote: AYES: Pattinson, Thomas, Mandic, Bailey, Yoder, Finley NOES: MacAllister ABSENT: None A motion was made by Pattinson to receive and file the communication from the HOME Council relative to the proposed Huntington Beach Political Campaign Ordinance. The motion died for lack of a second. A motion was made by Thomas, seconded by Pattinson to table the communication from the HOME Council transmitting their proposed Huntington Beach Political Campaign Ordinance. The motion carried by the following vote: AYES: Pattinson, Thomas, MacAllister, Yoder NOES: Mandic, Bailey, Finley ABSENT: None ORDINANCE NO 2389 - ADOPTED - HARBORS, BEACHES & PARKS COMMISSION The City Clerk presented Ordinance No. 2389 for adoption by Council - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 2.64.040, 2.64.060 AND 2.64.110 PERTAINING TO THE HARBORS, BEACHES, RECREATION AND PARKS COMMISSION." Following a reading by title, on motion by Bailey, second Finley, Council adopted Ordinance No. 2389 by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABSENT: None (= ORD NO 2390 - ADOPTED - AGREEMENTS FOR PROFESSIONAL SERVICES The City Clerk presented Ordinance No. 2390 for adoption by Council - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING THERETO SECTION 3.03.120 PERTAINING TO EXISTING AGREEMENTS FOR PROFESSIONAL SERVICES." A motion was made by MacAllister, seconded by Pattinson, to adopt Ordinance No. 2390. Councilwoman Bailey stated that she believed the City needed to review contracts each year and give consideration to other firms. 1 A?S2 Corrected Page Page #9 - Council Minutes - 8/20/79 Following a reading by title of Ordinance No. 2390, the motion made by MacAllister, seconded by Pattinson, carried by the following roll call vote: AYES: Pattinson, Thomas, MacAlli_,ster, Yoder NOES: Bailey, Mandic, Finley ABSENT: None ORD NO 2391 - ADOPTED - PPSA 79-3 REDUCED WIDTH OF LAKE ST The City Clerk presented Ordinance No. 2391 for adoption by Council - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAPS DM 2 AND DM 12 TO INCLUDE PRECISE PLAN NO. 79-3 TO REDUCE THE WIDTH OF LAKE STREET BETWEEN YORKTOWN AVENUE AND INDIANAPOLIS AVENUE." Following a reading by title, on motion by Mandic, second Finley, Council adopted Ordinance No. 2391 by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Yoder, Finley NOES: Mandic ABSENT: None ORD NO 2392 - INTRODUCTION APPROVED - ENVIRONMENTAL BOARD The City Clerk presented Ordinance No. 2392 for Council's consideration - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.102.020 TO CHANGE THE NUMBER OF MEMBERS SERVING ON THE ENVIRON- MENTAL BOARD." On motion by Mandic, second Pattinson, Council approved introduction of Ordinance No. 2392. Motion carried unanimously. URGENCY ORD NO 2394„-_ADOPTED - EXTENDS MORATORIUM - BATHOUSE/MASSAGE.PARLOR.PERMITS The City Clerk presented Urgency Ordinance No. 2394 for adoption by Council - "AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 5.24.050 PERTAINING TO PERMITS FOR BATHHOUSES AND MASSAGE PARLORS." On motion by Pattinson, second Finley, Council adopted Urgency Ordinance No. 2394 by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABSENT: None ORDINANCE NO 2395 - LICENSING & REGULATION OF MASSAGE ESTABLISHMENTS - INTRODUCTION DEFERRED The City Clerk presented Ordinance No. 2395 for Council's consideration - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 5.24 ENTITLED, MASSAGE ESTABLISHMENTS PROVIDING FOR THE LICENSING AND REGULATION OF SUCH BUSINESSES." Considerable discussion was held by Council regarding the need to further study the proposed ordinance. Councilman Yoder stated for the record that he agreed with Councilman Pattinson that a committee was unnecessary and that each Councilperson .could review and provide input on the proposed ordinance. 83 Page #10 - Council Minutes - 8/20/79 A motion was made by Thomas, seconded by Bailey that a committee be formed, consist- ing of two Police Department representatives, two Council members, two representa- tives from the massage establishments and the City Attorney's Office to review the proposed ordinance and report back to Council. The motion carried by the following vote: AYES: Thomas, Mandic, Bailey, Finley NOES: Pattinson, MacAllister, Yoder ABSENT: None Mayor MacAllister appointed Councilman Yoder and Councilwoman Finley to the committee. HUNTINGTON CENTRAL PARK LAKE MANAGEMENT - BIDS FOR CONSULTING ENGINEER AUTHORIZED The City Clerk presented a communication from the Director of Harbors, Beaches, Recreation and Parks recommending the hiring of water management consulting engineer to design plans and specifications for a lake management program and equipment to effectively manage the Huntington Central Parr lakes. A report from the City Attorney was also transmitted. On motion by Pattinson, second Mandic, Council approved the recommendation of the Director of Harbors, Beaches, Recreation and Parks that a water management consult- ing engineer be employed to design plans and specifications for a lake management program and equipment to manage the Huntington Central Park lakes and authorized advertising for bids. Motion carried unanimously. RECREATION FACILITY USE AGRMT - APPROVED The City Clerk presented a communication from the Director of Harbors, Beaches, Recreation and Parks recommending approval of the five year city -school facility use agreement for recreational programs. On motion by Mandic, second Finley, Council approved and authorized execution of the five year City -School Facility Use Agreement for recreational programs between Coast Community College District, Fountain Valley School District, Huntington Beach City School District, Ocean View School District and Westminister School District. The motion carried unanimously. MAYOR'S MEETING WITH SCHOOL DISTRICTS - REPORT Mayor MacAllister reported on a recent meeting he attended with the elementary and high school districts and stated that among the subjects discussed were cros- sing guards and land use agreements. He stated that they were going to meet again in 45 to 60 days at which time the subject of reducing or sharing the costs of crossing guards would be discussed. He stated that on Saturday, September 22, 1979 there would be another bicycle safety program in the Council Chamber and that it had been suggested that Channel 50 film it for future use and he would be hearing from Channel 50 in the near future. RESOLUTION TO BE PREPARED RE: CITY ADMINISTRATOR The Mayor stated that the City Council had met in Executive Session and had directed the Mayor Advisory Committee, which is the Mayor, the Mayor Pro Tempore and the past Mayor to review the City Administrator. He stated that it was recommended that the City Attorney prepare a resolution for presentation to Council at the September 4, 1979 meeting regarding a PERS adjustment to the City Administrator's compensation. ZS4 Page #11 - Council Minutes - 8/20/79 MAYORS ENERGY COMMITTEE Councilwoman Bailey commended Don Kiser, Department of Public Works Division Engineer for quickly providing Council with an energy audit. She stated she would provide Council with information relative to an Energy Committee in the near future. APPOINTMENTS TO REDEVELOPMENT COMMISSION - APPROVED On motion by Pattinson, second Mandic, Council approved the appointment of the following persons to the Redevelopment Commission: James C. Van Derhyden Term to Expire 6/30/82 Carol Ann Byers Term to Expire 6/30/82 Tom D. Austin Term to Expire 6/30/83 Peter J. Guttridge Term to Expire 6/30/83 The motion carried unanimously. TRIP TO SACRAMENTO IN LIEU OF ATTENDANCE AT LEAGUE MEETING APPROVED - THOMAS Councilman Thomas requested Council's permission to substitute a trip to Sacramento in lieu of attending the League of Cities meeting in San Francisco. He stated that he intended to investigate possibilities in which the City could effect savings in the area of parks and beaches. He also wished to take City plaques to the legislative representatives of the City. On motion by Pattinson, second MacAllister, Council authorized Councilman Thomas' trip to Sacramento in lieu of his attendance at the League of Cities meeting in San Francisco. The motion carried by the following vote: AYES: Pattinson, MacAllister, Yoder NOES: Mandic, Bailey ABSTAIN: Thomas, Finley ABSENT: None MOTION TO REPEAL ORD NO 2387 - APPOINTMENT OF PLANNING COMMISSIONERS - FAILED Councilman Thomas gave reasons why he believed the recently adopted ordinance allowing the appointment of Planning Commissioners by individual Council persons should be repealed. A motion was made by Thomas, seconded by Bailey, to direct the City Attorney to prepare an ordinance repealing Ordinance No. 2387. Councilman Mandic, requested clarification relative to ensuring that the continuity of the Planning Commission be retained and the effect of the Maddy Act on the mat- ter. The City Attorney informed Council that her office was preparing an ordinance which would provide for the continuance of terms of commission, committee and board members until such time as new appointees can take office. She stated that the Maddy Act would permit emergency interim appointments of new Planning Commissioners or emergency interim appointments of the present Planning Commissioners. Councilwoman Finley spoke regarding the need for Council to set policy for the staff to follow and that even though she still opposed Ordinance No. 2387 she would not vote in favor -of its repeal as she believed it would encourage Council vacillation on future issues. 2S5 Page #12 - Council Minutes - 8/20/79 Following further discussion, the motion failed to carry by the following vote: AYES: Thomas, Mandic, Bailey NOES: Pattinson, MacAllister, Yoder, Finley ABSENT: None A motion was made by Mandic, seconded by MacAllister to direct the City Attorney to prepare an ordinance to require four votes to remove a Planning Commissioner and one vote must be of the member who appointed the Planning Commissioner, that a Planning Commissioner who is voted out of office should be able to continue in office until a replacement is made and further, that in order to provide for orderly transi- tion, a provision be made for a "cooling off" period relative to replacement of Planning Commissioners, just as is presently provided for in the City Charter rela- tive to the City Administrator. The motion carried by the following vote: AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Thomas ABSENT: None REPORT - EMPLOYEES SUGGESTION AWARD PROGRAM Councilman Yoder reported that he had met with Richard Barnard, Assistant to the City Administrator, regarding the Employees Suggestion Award Program. The Mayor suggested that this matter be placed on the next Agenda for Council's consideration. SPECIAL EVENTS BOARD - APPOINTMENTS APPROVED On motion by Finley, second MacAllister, Council appointed Art Aviles, Jr. and Skip Pedigo to serve on the Special Events Board for terms to expire June 30, 1980. Motion carried unanimously. LOCAL COASTAL, PROGRAM -CITIZENS ADVISORY COMMITTEE Councilwoman Finley requested the Mayor to appoint two members of the City Council to meet with her to review applications for appointment to the Local Coast Program - Citizens Advisory Committee. Mayor MacAllister appointed Councilmen Mandic and Pattinson to review applications to the Local Coastal Program -Citizens Advisory Committee. Councilman Pattinson stated that he believed a person representing the Huntington Harbour area should be included in the committee, as presently no one from this area is a member. APPOINTMENT TO HBRP COMMISSION APPORVED - ROOP Mayor MacAllister brought Council's attention to a communication from the Board of Trustees of the Huntington Beach Union High School District recommending the reap- pointment of Dr. Howard Roop to the Harbors, Beaches, Recreation and Parks Commission. On motion by MacAllister, second Yoder, Council appointed Dr. Howard Roop to a term on the Harbors, Beaches, Recreation and Parks Commission for a term to expire June 30, 1983. Motion carried unanimously. Page #13 - Council Minutes - 8/20/79 RELOCATION OF WAR MEMORIAL TO CIVIC CENTER The City Clerk presented a communication from the Public Information Office re- garding the request of local veterans groups that the war memorial located at the east end of Memorial Hall be relocated to the present Civic Center in time for rededication on November 11, 1979 and that the flag pole at the same location be donated to the group for installation at the VFW Clubhouse. On motion by Pattinson, second Thomas, Council approved the following staff recom- mendations relative to the relocation of the war memorial to the Civic Center: approved relocation to the Civic center at the site approved by the veterans groups, the PFC and the Planning Department; approved the donation of the flag pole to the VFW for installation at their clubhouse at no cost to the City; accepted Councilman Thomas' offer to move the memorial to the Civic Center at no cost to the City and authorized $250 for a new base for the memorial and suitable engraving. The motion carried unanimously. PARKING METER CITATION PROGRAM CONTRACTING - SCIENCE APPLICATION, INC - APPROVED The City Clerk presented a transmittal from the Director of Harbors, Beaches, Rec- reation and Parks of a contract between the City and Science Application, Inc., for the implementation of a city-wide parking meter citation program. On motion by Pattinson, second Mandic, Council approved and authorized execution of the contract between the City and Science Application, Inc., for the implementation -of a city-wide parking meter citation program. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABS ENT : done AUTHORITY OF DESIGN REVIEW BOARD AD HOC COMMITTEE The City Clerk presented a communication from the Development Services/Planning Department regarding the need to define the authority of the Design Review Board Ad Hoc Committee which was formed to review the Senior Citizens Project at the Old Civic Center site. Considerable discussion was held by Council. On motion by Bailey, second Mandic, Council authorized the Design Review Board Ad Hoc Committee, which had been appointed to review the Senior Citizens Project at the Old Civic Center Site, to proceed with the review of other facilities located within the Civic Districts. The motion carried by the following vote: AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Thomas ABSENT: None MASSAGE ESTABLISHMENT REPRESENTATION ON COMMITTEE Mr. Roland Clark, representing Town & Country Spa, addressed Council and stated that he would like to have his counsel attend the meetings on the proposed massage establishment ordinance, as the City would have representatives of the City Attorney's Office in attendance. Page #14 - Council Minutes - 8/20/79 The City Council informed Mr. Clark that the massage establishment could include their attorney as one of their two representatives to the meetings. Mr. Clark informed Council that he would attend as representative, together with an attorney. CITY ATTORNEY - PERMISSION TO BE ABSENT FROM COUNCIL MEETING - GRANTED The City Attorney stated that she would be out of town for the next few days and that Assistant City Attorney Amsbary would take her place. She also requested per- mission to be absent from the next regular meeting. On motion by Pattinson, second MacAllister, Council granted the City Attorney permis- sion to be absent from the next regular meeting. Motion carried unanimously. ADJOURNMENT Mayor MacAllister declared the regular meeting of the City Council of the City of Huntington Beach adjourned. ♦ erg'/i City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: ♦ J City Clerk �I