HomeMy WebLinkAbout1979-10-01MINUTES
Council Chambers, Civic Center
Huntington Beach, California
Monday, October 1, 1979
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor MacAllister called the adjourned regular meeting of the City Council to order
at 6:00 P.M.
ROLL CALL
Present: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley
Absent: Thomas
EXECUTIVE SESSION CALLED
The Mayor called an Executive Session of Council for the purpose of discussing liti-
gation and personnel matters.
RECESS - RECONVENE
The Mayor called a recess of the Council at 6:00 P.M. The Council reconvened at
6:30 P.M.
HOUSING ELEMENT REPORT
The Director of Development Services introduced June Catalano, Senior Planner, and
stated she would give Council an overview of the Housing Element.
The Senior Planner informed Council they had received copies of an updated draft of
the Housing Element of the Huntington Beach General Plan and that the draft had been
developed in accordance with the California Department of Housing and Community
Development Guidelines. She gave background, reasons for revisions and discussed
low and moderate income housing in the City. She stated the Element analyzes the
impact of current housing programs and proposes new actions to meet existing and
projected housing needs.
Ms. Catalano informed Council that the Planning Commission has a Study Session scheduled
on the Element on October 9, 1979, a public hearing on October 16, 1979 and that
the Element would be before the Council for action in November,1979.
Discussion on the Housing Element was held by Council.
DAON GENERAL PLAN AMENDMENT 79-2 APPEAL
The City Administrator informed Council they had been provided with backup information
relative to the Daon General Plan Amendment 79-2 Appeal, and a communication from the
Daon Corporation requesting a continuance of the appeal until the Council's first
meeting in March, 1980, or until approval of a.Local Coastal Program by the City of
Huntington Beach, whichever occurs first.
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Page #2 - Council Minutes - 10/1/79
The City Administrator expressed his concern regarding a lengthy continuance and
pointed out another alternative: take action on the EIR and refer the matter back
to the Planning Commission for reconsideration subsequent to the adoption of the
Local Coastal Plan.
Disaumion vas h41d by Council regarding the public hearing scheduled for the regular
meeting of Uctober 1, 1979.
ADJOURNMENT
The Mayor adjourned the adjourned regular meeting of the City Council of the City
of Huntington Beach.
ATTEST:
01
City Clerk
City Clerk and ex-officio er
of the City Council of the City
of Huntington Beach, California
1
9
MINUTES
Council Chambers, Civic Center
Huntington Beach, California
Monday, October 1, 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 Reverend Charles Sacquety, St. Wilf rid's Episcopal
Church.
ROLL CALL
Present: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
Absent: None
PROCLAMATION - OCTOBER 7-13 - NATIONAL HIRE THE HANDICAPPED WEEK
The Mayor presented a proclamation designating October 7-13, 1979 as National Hire
The Handicapped Week to Bob Tomkinson, Manager of the Unemployment Office in Garden
Grove.
PROCLAMATION - OCTOBER - UNITED WAY MONTH
The Mayor presented a proclamation designating October as United Way Month to Dr.
Donald Shipley ,Chairman of the Huntington Beach Community Campaign for United Way.
PRESENTATION - NORTH HUNTINGTON BEACH.MINQR..BOBBY_SOX•ALL STAR,:SOFTBALL':TEAM WINNER
OF E NATIONAL TITLE
The Mayor presented certificates to the members of the North Huntington Beach Minor
Bobby Sox All Star Softball Team, winner of the National Title. Manager Marie
Ramirez, Chaperone Carolyn Ferguson and Coaches George Kierstead and Wayne Ferguson
were also present.
CONSENT CALENDAR - (ITEMS REMOVED_)
Councilman Pattinson requested the item pertaining to the selection of an engineering
consultant to categorize the unreinforced masonry and concrete buildings within the
City be removed from the Consent Calendar for separate consideration.
CONSENT CALENDAR ---(ITEMS APPROVED)
Councilman Pattinson stated he would abstain from voting on the minutes of the regular
meeting of September 17, 1979 as he was absent. Councilwoman Bailey stated she would
abstain from voting on items on the Consent Calendar pertaining to Tract 9347, Tract
9335 and Tract 9168.
On motion by Mandic, second Yoder, the following items were approved, as recommended,
c by the following roll call vote:
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Page #2 - Council Minutes - 10/1/79
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
MINUTES - Approved and adopted minutes of the regular meeting of September 17, 1979,
4s,written and on file in the Office of the City Clerk.
PARCEL MAP 79-558 - FRANK BUCCELLA - Approved Final Parcel Map No. 79-558 pursuant
to the mandatory Tindings set forth by the Board of Zoning Adjustments on property
located northeast of Gothard Street and Talbert Avenue and instructed the City Clerk
to execute same and to release for processing by the County.
PARCEL MAP 79-561 - BILL MAXEY - Approved Final Parcel Map No. 79-561 pursuant to
the mandatory findings set forth by the Board of Zoning Adjustments on property
located on the east side of Beach Boulevard, north of Clay Avenue and south of Gar-
field Avenue and instructed the City Clerk to execute same and release for processing
by the County.
NOTICE OF COMPLETION - BEACH BLVD INTERCONNECT - TRAFFIC SIGNAL - CC-228 - Accepted
work on the construction ana installation of the interconnection of traffic signals
on Beach Boulevard from Pacific Coast Highway to Edinger Avenue completed by Paul
Gardner Corporation for an amount of $1,039,658.72, and directed the City Clerk to
file the Notice of Completion.
TRACT 9347 - NOTICE OF COMPLETION - HARBOUR -PACIFIC LTD - Accepted improvements
e icate or public use in Tract 9347 Tocatedon t e south side of Edinger Avenue,
west of Trinidad Lane, and authorized release of the Faithful Performance Bond,
Monument Bond and the termination of the Subdivision Agreement.
TRACT 9335 - NOTICE OF COMPLETION - HARBOUR -PACIFIC LTD - Accepted improvements
aedicated for public use in Tract 9335 locateawest o Sundancer Lane, south of
Edinger Avenue, and authorized release of the Faithful Performance Bond, Monument
Bond and termination of the Subdivision Agreement.
SPECIAL EVENTS BOARD RESIGNATION - COULTON - Accepted, with regret, the resignation
of William F. Coulton from the 9pecial ts Board and authorized preparation of
the appropriate commendation.
TRACT 9168 - NOTICE OF COMPLETION - HARBOUR -PACIFIC LTD - Accepted improvements
dedicated for public use in Tract 9169 1—o—ca—te-T on Trinidad Island - Huntington Harbour
and authorized the release of the Faithful Performance Bond, the Monument Bond and
term;ination of the Subdivision Agreement.
SELECTION OF ENGINEERING CONSULTANT - APPROVED - HILLMAN BIDDISON & LOEVENGUTH
The Clerk presented a communication from the Director of Development Services regard-
ing the need for the services of a structural engineer to categorize the unreinforced
masonry and concrete buildings within the City into the three hazard categories
established in the Seismic Hazard Ordinance,
Councilman Pattinson questioned the recommendation of the Director of Development
Services to award the contract to a firm other than the lowest bidder. The Director
of Development Services responded.
On motion by Pattinson, second Finley, Council selected the structural engineering
firm of Millman, Biddison and Loevenguth, Newport Beach, to perform inspections of
buildings subject to the Seismic Hazard Ordinance and authorized staff and the City
Attorneyy to prepare_a contract for services not to exceed $16,900. The motion
carried unanimously.
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Page #3 - Council Minutes - 10/1/79
DIRECTOR OF PUBLIC WORKS DEPARTMENT INTRODUCED - PAUL COOK
The City Administrator introduced Paul Cook, newly appointed Director of the Public
Works Department to Council.
PUBLIC HEARING - APPEAL TO PC DENIAL OF GPA 79-2 - DAON CARP - DENIAL SUSTAINED -
E R 17-9-9 CERiiFIED
The Mayor announced that this was the day and hour set for a public hearing to
consider an appeal filed by Daon Corporation of the Planning Commission's denial on
8/21/79 of General Plan Amendment 79-2. GPA No. 79-2 is a request to amend the
Land Use Element of the General Plan on the 107+ acres of land located at the north-
east corner of Pacific Coast Highway and Beach Boulevard. This request is from
Planning Reserve and Medium Density Residential to Planned Community land use
designation.
The City Administrator informed Council that he had received a letter from the Daon
Corporation requesting a continuance of the appeal until the Council's first meeting
in March, 1980, or until approval of a Local Coastal Program by the City of Huntington
Beach, whichever occurs first.
The City Administrator outlined four alternative actions Council could pursue in the
matter: (a) certify EIR 77-9 as being adequate and in conformance with CEQA require-
ments; (b) sustain Planning Commission decision and deny the appeal; (c) continue
the matter as requested in the letter from the Daon Corporation; (d) refer the matter
back to the Planning Commission to be resubmitted to Council in sixty days.
The City Clerk announced that all legal requirements for notification, publication
and posting had been met, and that she had received no communication or written pro-
tests to the matter.
Hearing Opened
The Mayor declared the hearing open.
David B. Neish stated he represented the Daon Corporation and requested that Council
approve the ity Administrator's recommendation to refer the matter back to the
Planning Commission.
Chuck Colton of the Daon Corporation concurred with Mr. Neish's statement.
Allen Burger urged Council to deny the General Plan Amendment stating that several
'Fundred people live on the land in question and the Daon Corporation had made no
specific plans for the land or for the people now occupying that land.
Ed Zschoche member -at -large of the Local Coastal Program -Citizen Advisory Committee
1n ormed Council that the LCP-CAC stated that all mobile home parks in the coastal
area should be maintained.
Kenneth Boel addressed Council regarding the financial aspects of General Plan Amend-
ment 79-2 and the moral issue at stake in disrupting the lives of 700 or 800 people.
He stated that when these people purchased their homes it was with the knowledge
that a past Planning Commission and Council had zoned the land as a Mobile Park and
that it was his belief it was not fair for this zoning to change.
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Page #4 - Council Minutes - 10/1/79
Frank Bradley informed Council of the many improvements Huntington by the Sea Mobile
Village had recently completed to the property citing improvements to Clubhouse,
repaving of asphalt, drainage, curb and gutters, laundry facilities and many more.
He stated this was not a blighted area but a planned community.
Pat Kish stated her concern regarding zoning restrictions as it applies to Mobile
Hors,_- Parks a.-,.i ci ' ._ the psychological damage suffered by elderly citizens when they
are forced to move.
Philip M. Anderson informed Council of the costs involved in moving a mobile home.
He stated that owners of wood frame houses would be compensated if forced to relocate,
but mobile home owners are not. He also informed Council that there are no available
spaces in Orange County for mobile homes and feared becoming a refugee to his own land,
Anne Bragg shared survey results with Council regarding residents of Huntington by
the Sea Mobile Village: 60% of the residents cited their mobile home as their chief
or only asset; 45% of the tenants of the park were 60 years of age or older - 20%
were over 70; and that 40% were on fixed income. She informed Council of the diffi-
culty for senior citizens on low incomes or fixed income to relocate and change
doctors as many doctors. are reluctant to accept Medi-Cal. She cited studies liriktng
anxiety to.senility and that many of the tenants of the.park are extremely anxious
about the possibility of being forced to move their homes. She pointed out mobile
parks are an answer to low income housing and asked Council where else in Huntington
Beach could people enjoy a two bedroom home with a small garden for under $200 per
month.
Billie Marie Tubbs stated she was a widow and would speak for widows, widowers and
single students living in the mobile home park. She stated the park was a planned
community and provided affordable housing in Huntington Beach and urged Council to
vote against the General Plan Amendment 79-2 or its continuation.
Les Hunt stated he was representing the Travel Trailer Park and that people living
in the park are young married couples, college students, people with young families
who have low incomes and could not afford to live anywhere else in Huntington Beach.
He informed Council the park was used extensively by tourists, had a five star rating
and was an asset to the City. He urged Council to vote against the General Plan
Amendment or its continuation.
Marjorie Barnes stated she was not a Senior Citizen, but was a teacher and therefore
on a fixed income. She spoke regarding the insecurities and fears of the senior
residents living in the mobile park and presented a petition to Council urging them
to deny the appeal before them.
Lem Lucia stated the country is in a recession and foreign investors are buying our
land. He cited facts and figures supporting this argument and stated that Daon Cor-
poration is a Canadian buyer that would reap the profit and that the City would realize
the deficit. He quoted from the L.A. Times stating that many people are being priced
out of their own neighborhoods. He stated that the Daon Corporation was involved in
fourteen lawsuits in the County of Orange.
Brent Turley quoted from an article in the Wall Street Journal regarding acreage pur-
chased by foreign interests.
Elmer Smith stated he lived in Cabrillo Mobile Park and was one of fifty residents;
that many people considered the park an eyesore but beauty was in the eye of the
beholder and that they liked their homes.
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Page #5 - Council Minutes - 10/1/79
HEARING CLOSED
There being no one present to speak further on the matter and there being no further
protests filed, either oral or written, the hearing on General Plan Amendment 79-2
was closed by the Mayor.
Following dis4�ssijn, on motion by Bailey, second by Finley, Council directed that
a letter from the Orange County Transit District dated August 10, 1979 advising that
a transportation center is no longer being considered in the area northeast of Beach
Boulevard and PCH and a letter from the U. S. Department of the Interior, Fish and
Wildlife Services dated August 20, 1979 regarding the preservation of flora and
fauna in the area, be incorporated into EIR 77-9. The motion carried by the following
roll call vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Thomas
ABSENT: None
On motion by Pattinson, second Mandic, Council approved EIR 77-9 by the following roll
call vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Thomas
ABSENT: None
On motion by Thomas, second Mandic, Council sustained the Planning Commission and
denied the appeal filed by Daon Corporation on General Plan Amendment 79-2 by the
following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
RECESS - RECONVENE
The meeting was recessed by the Mayor at 9:00 P.M. The Mayor reconvened the meeting
at 9:10 P.M.
ORAL COMMUNICATIONS
Donald Sommers spoke regarding his salvage yard located on.Gothard Street. He stated
that when t e street was raised his property became flooded and property was damaged;
that staff had assured him -the problem would be solved and that had,been twenty months
ago.
Mayor MacAllister directed staff to consider a method to solve the problem of drainage
for the property, perhaps exploring the feasibility of installing a pump to raise
the water to street level and existing drains.
Julia Miller informed Council of a drainage problem in her back yard asserting that
it Is caused by excessive watering performed by adjacent property owners.. She pre-
sented photographs of her yard to Council. She requested Council to "initiate an
immediate injunction against Mini-skool, Inc., 19342 Beach Boulevard, prohibiting
unlimited and unwarranted watering of acreage behind school due to malfunctioning
of their sprinkler system, watering to be scheduled for reasonable lengths of time;
initiate immediate underground installation of proper and adequate drainage system;
and pay $5,000 damages to homeowner for repeated caving in and re -digging excavation
site due to excess water from inadequate and improper drainage approved by the City."
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Page #6 - Council Minutes - 10/1/79
Councilman Mandic requested staff assist Ms. Miller in solving the drainage problem.
Mayor MacAllister questioned the City Attorney regarding the request by Ms. Miller
for legal action.
The City Attorney informed Council she would prepare an opinion on the matter.
Donald Petersen stated he had a chiropractic practice and that in the past he had
been Pres7 ent of a school of massage that was duly approved by the California Depart-
ment of Education and that he agreed that an ordinance was needed to keep massage
legitimate; however, that the California Department of Education required 100 hours
of training_ and it was his belief additional hours were unnecessary. He suggested
applicants be either graduates of an approved school of massage or a temporary permit
be issued when an applicant is student that has completed 20 hours of training and
that the student be monitered to verify he is attending the school.
Moon Suk Han stated that he was the President of the Los Angeles College of Massage,
that the California Department of Education required 100 hours of training and that
it was his belief that it was not necessary to have more than 100 hours of training
to be a good masseuse.
Linda Buttson stated she was a masseuse and that she believed that the 750 hours of
training was extremely excessive and asked Council that as the State required 100
hours of training why would the City require more?
Michael Kirschbaum stated that he had attended many meetings held to draft the ordi-
nance and he e ieved that the ordinance as now written contained the apparatus. to
control illegitimate massage parlors and that 750 hours of training would phase out
all massage parlors.
Susan Hockman questioned the provision in the massage ordinance restricting offering
customers alcoholic beverages stating that she would like to offer her customers
coffee, wine or juice and pointed out to Council that Beauty Salons often offered
wine to their customers. She also questioned why the police would want massage,
parlors to turn over their lease to the Police Department as this was not required
of any other business in the City.
Carea Quigley stated she was a licensed cosmotologist with 2,000 hours of training
and she felt the need for that much training to become a cosmotologist. She requested
Council to be fair regarding the amount of hours required in the massage ordinance.
Robert Reed spoke regarding the proposed massage ordinance concerning the length of
training and the hours the establishments would be open. He read advertisements from
newspapers to support his contention that honest massage parlors could be pit out of
business by the ordinance requirements but prostitution would continue under a different
guise.
Jan Tiehen spoke regarding the massage ordinance and the section stating they must
close at 0:00 P.M. She drew Council's attention to the fact that 10:00 P.M. is the
curfew for juveniles and stated her belief that massage businesses should have the
right to stay open to 2:00 A.M. as do many other businesses in the City.
Roland Clark stated that five schools of massage exist in Southern.California and
the maximum training offered was 225 hours. He offered suggestions on granting
temporary permits to students and outlined a program to regulate them. He stated he
believed the wording pertaining to the issuance of temporary permits should be changed
from "may issue a temporary permit within 14 days" to "shall issue a temporary permit
within 14 days".
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Page'#7 - Council Minutes - 10/1/79
AMENDMENTS TO CITY LEASE WITH GOLF OF SOUTHERN CALIFORNIA - APPROVED
The Clerk presented a communication from the City Administrator recommending that
Council approve the proposed agreement between the City, Golf fo Southern California
and the Lark Room giving consent of the City for sublease between Golf of Southern.
California and the lark Room, and the Amendment #1 to Lease Agreement amending the
original lease to permit the subleasing.
A motion was made by Pattinson, seconded by Mandic, to approve the agreement between
the City, Golf of Southern California and the Lark Room giving consent of the City
for sublease between Golf of Southern California and the Lark Room, and the Amend-
ment #1 to Lease Agreement amending the original lease to permit the subleasing and
authorized execution of same. The motion carried unanimously.
ON REVISIONS TO REFLECT NEGOTIATED PERSONNEL SETTLEMENTS - APPROVED -
The Clerk presented a communication 'from the City Administrator transmitting revised
personnel appropriations throughout the City to reflect the negotiated personnel
settlements. The City Administrator recommended that Council approve the appropria-
tion revisions.
A motion was made by Pattinson, seconded by MacAllister, to approve revised personnel
appropriations throughout the City to reflect the negotiated personnel settlements.
The motion carried unanimously.
ADMINISTRATIVE AGREEMENT - WESTERN INSTITUTE OF CAREERS, INC - APPROVED - (RCA 79-81)
The Clerk presented a transmittal from the City Administrator of an Admistrative
Agreement between the City and Western Institute of Careers, Inc., a prime service
provider for CETA programs in Huntington Beach, to establish a constractual relation-
ship between the City and the Institute. The City Administrator recommended that
Council authorize the Mayor and City Clerk to execute the Administrative Agreement
be the City and the Western Institute of Careers,.Inc. and that Council authorize
the City Administrator to execute such other operational agreements as are appropriate
to fully implement the Administrative Agreement.
Councilwoman Bailey questioned who appointed the members to the corporation. Bob
Cunningham, Manpower Administrator stated that Robert Nelson of the Manpower Com-
mission and he selected the Board of Directors.
On motion by Pattinson, second MacAllister, Council approved and authorized the Mayor and
City Clerk to execute the Administrative Agreement between the City and the Western
Institute of Careers, Inc. and authorize the City Administrator to execute such other
operational agreements as are appropriate to fully implement the Administrative
Agreement. The motion carried unanimously.
DOWNTOWN CORE PLAN - STUDY DATE TO BE SCHEDULED
The City Administrator informed Council they had been provided with information
pursuant to the directives received from Council at the adjourned regular meeting
held August 13, 1979 regarding the Downtown Core Plan. He stated a report is now
in. preparation which would outline the improvements, estimated costs and potential
sources of funding for the downtown core area.
Following discussion,,Council decided they would like to have ample time to peruse the
report before the study session. A date for the study session will be scheduled at
the next regular Council meeting.
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Page #8 - Council Minutes - 10/l/79
WARNER AVENUE BRIDGE REPAIR
The -City Administrator stated that the Director of Public Works had reported a
.structual failure of the Warner Avenue Timber Bridge. He informed Council that
unbudgeted monies must be spent for barriers, that it would be less expensive to
buy the barriers than rent them and that the monies expended would come from the
contingency fund. The Director of Public Works gave a report on the schedule of the
bridge construction and stated that all agencies involved agreed to expedite the
matter.
JUVENILE DIVERSION PROGRAM AGRMT - WEST ORANGE COUNTY YOUTH SERVICES CENTER - APPROVED
The City Administrator provided Council with a communication from the Police Depart-
ment recommending that Council approve the agreement between the City, the County of
Orange and Youth Service Program, Inc., providing for the fourth year of funding of
the Juvenile Diversion/Treatment Program.
On motion by Bailey, second Finley, Council approved and authorized execution of
an agreement between the City, the County of Orange and Youth Service Program, Inc.,
providing for the fourth year of funding of the Juvenile Diversion/Treatment Program.
The motion carried unanimously.
LEASE/PURCHASE HEAVY .EQUIPMENT - APPROVED
The City Administrator informed Council they had been presented with a communication
from the Director of Harbors, Beaches, Recreation and Parks regarding the need for
equipment .to move dump debris at Bruce Brothers pit. He recommended that Council
authorize the lease/purchase of the equipment and stated the matter had been reviewed
by the City Attorney's Office and funding was available from the Park Acquisition
and Development Fund with the understanding that when the equipment is no longer
needed it would be sold to recoup the original expenditure.
Onmotion by MacAllister, second Thomas, Council approved and authorized the lease/
purchase of heavy equipment funding to come from the Park Acquisition and Development
Fund with the understanding that when equipment is no longer needed it be sold to
recoup the original expenditure. The motion carried unanimously.
ORD NO 2397 - ADOPTED - TERM OF PLANNING.COMMISSIONERS
The Clerk was directed to read Ordinance No. 2397 by title - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
SECTION 9003.2 RELATING TO THE TERM OF PLANNING COMMISSIONERS."
On motion by Mandic, second by Finley, Council adopted Ordinance No. 2397 by the
following roll call vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: . Thomas
ABSENT: None
0RD NO 2398,— ADOPTED - ALLOWS TEMPORARY USES UPON ISSUANCE OF CON0171.ONAL USE PERMITS
The.Clerk was directed to read Ordinance No. 2398 by title - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERE-
TO SECTION 9331.1 TO ALLOW TEMPORARY USES UPON ISSUANCE OF'CONDITIONAL USE PERMITS."
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Page #9 - Council Minutes - 10/1/79
On motion by Mandic, second by Yoder, Council adopted Ordinance No. 2398 by the
following roll call vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Thomas
ABSENT: None
ORDINANCES INTRODUCED
On motion by Bailey, second by Mandic, Council directed the Clerk to give Ordinances
Nos. 2399 and 2400 a reading by title and approved same for introduction by the
following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
ORD NO 2399 - INTRODUCTION APPROVED - NAME CHANGE - HBR&P TO COMMUNITY SERVICES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTNGTON BEACH MUNICIPAL
CODE BY AMENDING CERTAIN SECTIONS CHAPTERS 2.30 AND 2.64 TO EFFECT A CHANGE OF NAME
FROM HARBORS, BEACHES, RECREATION AND PARKS DEPARTMENT AND HARBOURS, BEACHES, RECREA-
TION AND PARKS COMMISSION TO COMMUNITY SERVICES DEPARTMENT AND COMMUNITY SERVICES
COMMISSION."
ORD NO 2400 - INTRODUCTION APPROVED_ - INCREASE PENALTY FEE - 14ATER SERVICE.
RECONNECTION
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING SECTION 14.12.120 TO INCREASE PENALTY FEE FOR RECONNECTION OF WATER
SERVICE."
ORD NO 2395 - INTRODUCTION APPROVED AS AMENDED - MASSAGE ESTABLISHMENTS
The Clerk was directed to read Ordinance No. 2395 by title - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING
CHAPTER 5.24 THEREOF, AND ADDING NEW CHAPTER 5.24 ENTITLED, "MASSAGE ESTABLISHMENTS"
PROVIDING FOR THE LICENSING AND REGULATIONS OF SUCH BUSINESSES."
Following discussion Council questioned WI li.am.Sage,_Police Legal Advisor.regarding
various sections of the proposed ordinance. He informed Council the word "fully".
was inadvertently left in the draft. Discussion was held regarding a possible appren-
ticeship program.
A motion was made by Yoder, seconded by Pattinson, to amend Ordinance No. 2395,
Section 5.24.010 (c) to read as follows: "...not less than 500 hours to be given..."
The motion failed by the following roll call vote:
AYES: Pattinson, Yoder
NOES: Thomas, Mandic, MacAllister, Bailey, Finley
ABSENT: None
A motion was made by Mandic, seconded by Bailey, to amend Ordinance No. 2395, Section
5.24.010 (c), to read as follows: "...not less than 200 hours to be given..." The
motion carried by the following roll call vote:
AYES: Thomas, Mandic, Macallister, Bailey, Finley
NOES: Pattinson, Yoder
ABSENT: None
Page #10 - Council Minutes - 10/1/79
A motion was made by Mandic, seconded by Thomas, to amend Ordinance No. 2395, Section
5.24.120, to read as follows: "...The Chief of Police shall issue..." The motion
failed by the following roll call vote:
AYES: Thomas, Mandic
NOES: Pattinson, MacAllister, Baiely, Yoder, Finley
ABSENT: None
On motion by Yoder, second Bailey, Council amended Ordinance No. 2395, Section
5.24.170 (b), to read as follows: "...the hours of 7:00 A.M. to 12:00 Midnight."
The motion carried unanimously.
A motion was made by Mandic, seconded by Thomas, to amend Ordinance No. 2395, Section
5.24.170 by deleting subsection (1) No massage establishment shall operate as a school
of massage, or operate in the same location, or use the same faciltiy as that of a
school of massage." The motion failed by the following roll call vote:
AYES: Thomas, Mandic
NOES: Pattinson, MacAllister, Bailey., Yoder, Finley
ABSENT: None
A motion was made by Mandic, seconded by MacAllister, to amend Ordinance No. 2395
by adding a new subsection under the permit process regarding apprentice masseuse
to read as follows: (a) A massage technician apprentice shall show proof of 50 hours
of schooling and enrollment at the time of application into a School of Massage.
(b) That during the first 60 days while operating under a temporary permit the appren-
tice shall have to show proof to the Police Department of having completed 50 more
hours of training (c) After temporary permit is issued after 60 days they have to
show another 50 hours and after another 60 days they show another 50 hours for the
completion of the 200 hours. In no case shall an apprentice continue beyond six
months." The motion failed by the.following roll call vote:
AYES: Thomas, Mandic
NOES: Pattinson, MacAllister, Bailey, Yoder, Finley
ABSENT: None .
After reading by title, on motion by Yoder, second Mandic, Council approved intro-
duction of Ordinance No. 2395, as amended, by the following roll call vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Finley
NOES: Thomas, Yoder
ABSENT: None
SUPPLEMENTAL AGRMT #2 - APPROVED - STATE OF CALIF - WARNER BRIDGE/HAMILTON AVE
The Clerk presented a transmittal from the Department of Public Works Department of
Supplemental Agreement #2 to Local Agency -State Agreement #07-5181 to reimburse the
City for expenditures made in repairs to the Warner Avenue Timer Bridge and to Hamilton
Avenue at its intersection of St. John Lane. The Director of Public Works recommended
that Council approve and authorize executive of said agreement.
A motion was made by Bailey, seconded by Thomas, to approve and authorize execution
of Supplemental Agreement #2 to Local Agency -State Agreement #07-5181 to reimburse
the City for expenditures made in repairs to the Warner Avenue Timber Bridge and to
Hamilton Avenue at its intersection of St. John Lane. The motion carried by the
following roll call vote:
1
AYES: Thomas, Mandic, MacAllister, Bailey,.Yoder, Finley
39 NOES: None
ABSENT:. Pattinson (out of room)
Page #11 - Council Minutes-.10/l/79
GOTHARD/TALBERT STORM DRAINS - APPROVED -MANTHE11 BUCCELLA INVESTMENTS - CC-481
The Clerk presented a communication from the Department of Public Works regarding
the decision of Manthei/Buccella Investments not to enter into a reimbursement
agreement with the City relative to the Gothard/Talbert Storm Drain. The Director
of Public Works recommended Council approve Alternative #3 - proceed with a contract
to install a storm drain from Gothard Street easterly to the railroad.
A motion was made by Bailey, seconded by Thomas, to proceed with a contract to in-
stall a storm drain from Gothard.Street easterly to the railroad. The motion carried
by the following roll call vote:
AYES. Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: Pattinson (out of the room)
Mayor MacAllister directed staff to look into the drainage problem at A to I
Wrecking Yard investigating the possibility of installing..a pump at the location.
On motion by Yoder, second Thomas, Council rescinded the action previously
taken to commence condemnation proceedings on the Foss/Pons easement. The motion
carried by the following roll call vote:
AYES: Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: Pattinson (out of the room)
PALM AVENUE R W - STAFF TO CHECK ALTERNATIVES
The Clerk presented a report from the Department of Public Works regarding the
request from Bob Corona for a reduction in the master planned right-of-way width.
on Palm Avenue between Goldenwest Street and 17th. Street from eighty feet to the
existing seventy feet. The Director of Public Works recommended that the Planning
Commission begin proceedings for a Precise Plan of Street Alignment creating an
ultimate right-of-way width of seventy feet for Palm Avenue between Goldenwest
Street and 17th Street.
The City Administrator informed Council they had been provided with a communication
from the Director of Public Works stating that an alternative action Council might
pursue would be to await the outcome of the transportation demand model to make a
determination as to whether or not the previously projected volumes of traffic
were accurate and that this information would be available the first week of
November.
In response to a question by Councilman Pattinson the Director of Development
Services verified that it would take approximately three and one-half months before
the Precise Plan of Street Alignment was adopted. Mr. Palin stated that to speed
up the matter and with the concurrence of the City Attorney's Office, Council
could adopt a Precise Plan of Street Alignmentby resolution and then proceed with
an ordinance.
,Mayor MacAllister directed staff to look into the matter and bring it back to Council.
Page #12 - Council Minutes - 10/1/79
PLANNING COMMISSIONERS APPOINTED - KENEFIC BAZIL WINCHELL/BAUER/STERN SHEA
Mayor MacAllister requested that each Councilmember appoint an individual to the
Planning Commission. Councilwoman Finley appointed Beverly Kenefick; Councilman
Yoder appointed Robert D. Bazil; Councilwoman Bailey appointed Grace Winchell;
Mayor MacAllister appointed Ralph Bauer; Councilman Mandic appointed John Stern;
Councilman Thomas appointed Bruce Greer who declined the appointment; and Council-
man Pattinson appointed Prim Shea to the Planning Commission.
On motion by Pattinson, second Yoder, Council approved the appointment of Beverly
Kenefick, Robert Bazil, Grace Winchell, Ralph Bauer, John Stern and Prim Shea to
the Planning Commission. The motion carried unanimously.
Mayor MacAllister directed staff to prepare appropriate commendations for the
former Planning Commissioners. The City Attorney informed Council that the newly
appointed Planning Commissioners were required to be sworn into office. Mayor
MacAllister directed staff to notify the Planning Commissioners to appear before
the City Clerk prior to their first Planning Commission meeting to take their
Oath of Office.
PCTA - MEETING - 10/5/79
Mayor MacAllister presented a map depicting a proposed time chart showing install-
ation of service to the City. He stated final documents would be presented to
the Public Cable Television Authority at 7:00 A.M., October 5, 1979, in Room B-8
in the Civic Center. He informed Council that at the last PCTA meeting, he had
received the background information Council had requested, including a letter showing
the bank guarantee of $15,000,000, the concurrence with the 15 year and 5 year ex-.
tension with ultimate ownership by the City, increase in franchise fees from the
three per cent to five per cent. Mayor MacAllister stated that the PCTA would
probably approve the documents October 5, 1979, and would be presented to Council
for approval at the regular meeting of October 15, 1979.
The Mayor informed Council he had received information he had requested regarding
municipal ownership history from the Harvard University Program on Information
Resource Policies. He informed Council the report substantiated the direction
Council had taken regarding the PCTA.
BZA - STUDY SESSION TO BE SCHEDULED
Mayor MacAllister requested that Council schedule a study session to discuss the
organization of the Board of Zoning Adjustments.
Following discussion, a motion was made by MacAllister, seconded by Mandic, to
direct staff to gather information relative to the organization of the BZA and
that Council set a date for a study session at the October 15, 1979 regular Council
meeting. The motion carried unanimously.
HUNTINGTON CENTRAL PARK MASTER LEASE - REPORT REQUESTED
Mayor MacAllister requested staff to prepare a report on the current status of
the Huntington Central Park Master Lease.
41
Page #13 - Council Minutes - 10/l/79
HERITAGE GARDEN
Councilman Mandic stated Council had received a letter from Margaret Carlberg
regarding the Heritage Garden at the Central Library. He requested that the City
Administrator be directed to contact the volunteer group tending the garden and
help solve any problems connected with the project.
On motion by Mandic, second MacAllister, Council directed the City Administrator
to write a letter to the volunteer group concerned with the Heritage Garden
offering assistance in resolving any difficulties they may be experiencing. The
motion carried unanimously.
LCP-CAC - COUNCIL INPUT ADVISED
Councilwoman Bailey stated her concern regarding Council input into the Local
Coastal Program.. Mayor MacAllister directed the Council liaison to look into
the matter.
STREET WIDTHS - TO BE INVESTIGATED
Councilman Yoder stated his concern regarding discrepancies in street widths
in the City. Mayor MacAllister directed staff to review street widths in the
City and report back to Council on the matter.
DESIGN REVIEW BOARD - STUDY SESSION TO BE SCHEDULED
Councilman Thomas stated he believed that if the Board of Zoning Adjustments
i.s.to be re-established, the Design Review Board should also be re-established.
A motion was made by Thomas, seconded by Mandic, to reconsider the Design Review
Board at the same time the Board of Zoning Adjustments is being studied. The
motion carried by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Yoder, Finley
NOES: Bailey
ABSENT: None
CAMPAIGN CONTRIBUTIONS - PAST ORDINANCES TO BE RESEARCHED
Councilman Thomas stated that a proposed TINCUP ordinance had been tabled;
that similar provisions regarding campaign contributions had been in the code
in the past and he would like to know when and why they had been deleted.
Following discussion, a motion was made by Thomas, seconded by Mandic, to request
the City Attorney to gather background information regarding rules and regulations
that were in the code in the past five years pertaining to campaign contributions
and spending; which sections were removed from the code and an explanation as to
why they were removed. The motion carried by the following roll call vote:
AYES: Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Pattinson
ABSENT: None
Page #14 - Council Minutes - 10/1/79
DISSEMINATION OF PLANNING INFORMATION
Councilwoman Finley requested that Council consider for future discussion, a
study session to resolve delayed planning decisions accumulated over the years
regarding such matters as drainage and traffic circulation problems and that the
issues be prioritized. She suggested that requirements be displayed in the
Planning Division in one area whereby a person or developer could have all the
information regarding a project available and costly delays through lack of in-
formation could be avoided. She requested the Director of Development Services
meet with Council and inform them as to the manner in which the requirements
are now displayed and ideas to improve the situation.
PERMISSION TO BE ABSENT FROM MEETING - FINLEY - GRANTED
Councilwoman Finley requested Council's permission to be absent from the October 15,
1979 Council meeting.
On motion by Pattinson, second MacAllister, Council granted permission to Council-
woman Finley to be absent from the October 15, 1979 regular Council meeting. The
motion carried unanimously.
PAYMENT TO J B CROSBY FOR DAMAGES - APPROVED - MARINA PARK
The Clerk presented a communication from the Director of Harbors, Beaches,
Recreation and Parks recommending payment of $3,006.35 to J. B. Crosby Company
for damages to the ball fields at Marina Park prior t their completion; Robinwood
Little League to reimburse the City in the amount of 1500.
On motion by Pattinson, second Mandic, Council approved said payment to J. B. Crosby
Company for damages to the ball fields at Marina Park prior to their completion;
Robinwood Little League to reimburse the City in the amount of $1,500. The
motion carried by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
REQUEST FOR TWO POLICE CLERKS IN LIEU OF INVESTIGATOR - APPROVED
The Clerk presented a communication from the Police Department recommending that
Council approve their request for two Police Clerks, Sr. to replace one investi-
gator in the Detective Bureau.
On motion by Pattinson, second Mandic, Council approved the request of the Police
Department for two Police Clerks, Sr. to replace one investigator in the Detective
Bureau. The motion carried by unanimous vote.
SELF-INSURANCE CERTIFICATE - COUNTY OF ORANGE - SENIOR'OUTREACH PROGRAM - APPROVED
The Clerk presented a communication from the City Treasurer/Risk Manager
requesting approval of Self -Insurance Certificate #3 to the County for the Senior
Outreach Program which was approved by Council April, 1979.
On motion by Pattinson, second Mandic, Council approved Self -Insurance Certificate
#3 to the County for the Senior Outreach Program by unanimous vote.
Page #15 - Council Minutes - 10/l/79
CERTIFICATES OF INSURANCE OF SELF-INSURANCE & INDEMNIFICATION FOR COAST COMMUNITY
C LL GE DISTRICT & STATE OF CALIFORNIA
The Clerk presented a communication from the City Treasurer/Risk Manager recom-
mending Council approval for issuance of Certificate of Self -Insurance and .Indemni-
fication for Coast Community College District and the State of California and
approval of Resolution No. 4801 relative to the issuance of certificates of insur-
ance or self-insurance to other public.entities.
A motion was made by Mandic, second MacAllister, to approve the following indemni-
fications: Coast Community College District, Certificate of Insurance for
$1,000,000 including indemnification and hold harmless for City function on
District properties; State of California, Genera; Liability Insurance Certificate
regarding the lease/use of Office Emergency Services Engine 127 (State Fire Truck).
The motion carried by unanimous vote.
RES NO 4801 - ADOPTED - CERTIFICATES OF INSURANCE FOR ISSUANCE TO OTHER PUBLIC
ENTITIES
The Clerk was directed to read Resolution No. 4801 by title - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING THE RISK MANAGER AS
THE PROPER PERSON TO REVIEW AND EVALUATE CERTAIN CERTIFICATES OF INSURANCE FOR
ISSUANCE TO OTHER PUBLIC ENTITIES."
On motion by Mandic, second MacAllister, Council adopted Resolution No. 4801 by the
following roll call vote:
AYES: Pattinson,
NOES: None
ABSENT: None
CLAIM #78-48 - JOHN
Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
SIGNS CONFISCATION - 4/78 ELECTION -
The Clerk presented a communication from the City Attorney relative to the claim
filed by Councilman Thomas regarding the confiscation by City employees of 25
political signs during the 1978 General Municipal Election campaign.
A motion was made by Pattinson, seconded by Bailey, to defer discussion of Claim
No. 78-48 filed by Councilman Thomas regarding the confiscation by City em-
ployees of 25 political signs during the 1978 General Municipal Election campaign
to an Executive Session of Council. The motion carried by the following roll call
vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: Thomas (out of the room)
ITEM RECEIVED & FILED BY THE CITY COUNCIL
Notice of Filing of Application and Advice Letter before the Public Utilities
Commission, in the matter of the application of the Southern California Gas Company
to increase revenues.
44
Page #16 - Council Minutes - 10/1/79
ADJOURNMENT
Mayor MacAllister adjourned the regular meeting of the Council to Monday,
October 15, 1979, at 7:00 P.M., in Room B-8, Civic Center.
01
City Clerk and ex-officio ClerT
of the City Council of:the City.
of Huntington Beach, California
ATTEST:
City C er
1
1
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