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HomeMy WebLinkAbout1979-10-15WIkwo:K Council Chambers, Civic Center Huntington Beach, California Monday, October 15, 1979 Mayor MacAllister called the adjourned regular meeting of the City Council to order at 7:00 P.M. ROLL CALL Present: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder Absent: Finley 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 7:00 P.M. The Council reconvened at 7:30 P.M. ADJOURNMENT Mayor MacAllister adjourned the adjourned regular meeting of the Council of the City of Huntington Beach. ATTEST: City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October 15, 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 Jill Travis, age 9, United Nations Year of the Child, Bahai Faith. ROLL CALL Present: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder Absent: Finley PROCLAMATION - SUPPORT AND APPROVAL OF WEST COAST ASSOC FOR VISUAL PERFORMING ARTS Mayor MacAllister read a proclamation declaring City support and approval of the West Coast Association for Visual Performing Arts. PROCLAMATION - OCTOBER - ESCROW MONTH Mayor MacAllister presented a proclamation designating the month of October as Escrow Month to Beverly Hanon from Shoreland Escrow, Inc. PRESENTATION - TEN YEAR SERVICE PIN - PATTINSON Mayor MacAllister presented a ten year service pin to Councilman Pattinson commemo- rating service as an employee of the Police Department, past Mayor of the Council and current service on the City Council. CONSENT CALENDAR - (ITEMS REMOVED) Councilman Mandic requested the item pertaining to the labor negotiator contract be removed from the Consent Calendar for separate consideration. CONSENT CALENDAR — (ITEMS APPROVED) The City Administrator informed Council that the $1,000,000 amount relative to insurance coverage on page 5 of the PCH off -road bikeway agreement had been amended to reflect the amount of $300,000 and that copies of said amended page had been provided to Council. On motion by Bailey, second Pattinson, the folowing items were approved, as recom- mended, by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder NOES: None ABSENT: Finley 47 Page #2 - Council Minutes - October 15, 1979 MINUTES - Approved minutes of the adjourned regular meeting of 10/1/79 and regular meeting of 10/l/79, as written and on file in the office of the City Clerk. C6-SCI CHANNEL LINING - CC-352 - NOTICE OF COMPLETION/CHANGE ORDER - Accepted work on the construction of the C6-SCI reinforced channel lining and approved Change Order #1 in the amount of #343.14 on property located south of Slater Avenue, and west . of Newland Street, completed by Uribe Company for a final contract cost of $128,124.14, and directed the City Clerk to file a, Notice of Completion. BLOCK WALL & SIDEWALK - NEWLAND STREET - CC-465 - PLANS AND SPECIFICATIONS - Approved plans and specifications for the construction of a block wall and sidewalk on Newland Street between Yorktown Avenue and Bridgeport Drive and authorized advertis- ing for bids. CYPRESS/ASH STORM DRAIN - CC-456 - PLANS AND SPECIFICATIONS - Adopted Negative Declara- tion #78-30, approved plans and specifications and authorized a call for bids for the construction of the Cypress/Ash Storm Drain. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM & LATE CLAIM #79-90 - Refused Applica- tion for Leave to Present Late Claim and rejected Late Claim #79-90 filed by Patrick Joseph Farrell, Jr., for alleged personal injuries incurred on or about April 4, 1979, in the vicinity of Gothard Street between Heil Avenue and Murdy Circle. PCH OFF -ROAD BIKEWAY - PLANS & SPECIFICATIONS/AGREEMENT - BASMACIYAN-DARNELL INC - Retained the firm of Basmaciyan-Darnell, Inc., for the preparation of plans, specifi- cations and engineer's estimate for the construction of a bike trail along the beach from the City pier to Bolsa Chica State Beach, subject to approval by the Orange County Environmental Management Agency, approved the expenditure of $8,000 SB 821 funds to have the design and engineering completed immediately and approved and authorized execution of the agreement for professional engineering services. LABOR NEGOTIATOR CONTRACT - APPROVED - J NICHOLAS COUNTER III The City Clerk presented a communication from the Personnel Director recommending that Council approve and authorize execution of a one year labor negotiator contract between the City and J. Nicholas Counter III of Mitchell, Silberberg and Knupp. On motion by Pattinson, second Mandic, Council approved and authorized execution of a one year labor negotiator contract between the City and J. Nicholas Counter III. The motion carried unanimously. ORAL COMMUNICATIONS Karl Van Holt, City, stated he was an attorney representing homeowners next to Huntington Central Park. He requested a new EIR on the proposed uses in the park as these uses have changed since the previous EIR was filed. He stated his concern regarding a proposed group picnic shelter, a proposed parking lot in the area and the location of a helicopter pad in the park. Paul F'. Hill, City, stated his concern regarding a proposed disco center to be located in a shopping center at Garfield and Magnolia near his home.. He requested another public hearing on the matter. • Mayor MacAllister requested the City Administrator to investigate the matter and to inquire whether everyone in the affected area had been notified of the proposed disco center. Page #3 - Council Minutes - 10/15/79 Ed Maxwell, San Diego, stated he represented American Television and Communications. He quoted cable television service prices at nearby cities and urged Council to open the City's cable television franchise for competitive bids. Doris Allen, Westminster, stated her son's car was towed away from E1 Don Liquor after being parked there for fifteen minutes. She reminded Council that the parking .lot is City property and requested Council to consider new ordinances regarding towing service in the City. Mr. Green, Garden Grove, spoke regarding Ace Towing, informing Council he was going to take them to small claims court Tuesday, October 16, 1979. Richard Jensen, Downey, owner of Richard's Tee Shirt Shack spoke regarding the park- ing lot at El Don Liquor and the cars that have been towed away. Dean Albright, City, stated his concern regarding the influx of refugees entering Orange County without adequate medical screening and inoculation. Roland Clark spoke regarding the proposed ordinance pertaining to massage establish- ments urging Council to reconsider the wording in Section 5.24.120 from"...may issue a temporary permit..." to "...shall issue a temporary permit...". He also urged Council to include provision for an apprenticeship program in the ordinance. William O'Connell, City, spoke regarding the proposed disco center to be located near his home and stated that he believed this use was incompatible with the surround- ing neighborhood. Eldon Bagstad of El Don Liquor informed Council of the parking problems he has encountered in the lot he established for his customers. He responded to questions posed by Councilmembers. Chuck James, City, of Ace Towing described the service he renders to El Don Liquor. He answered inquiries from Councilmembers. Carol Southern, Westminster, informed Council that her son was attacked at the pier and at his car at the beach. He suffered gashes on his face from the attack and his surfboard was smashed. She requested more police patrol in the area. Mayor MacAllister requested that the City Administrator secure an updated report on violence at the beach. The Chief of Police stated that the adjoining State beach' had changed the character of the City beach which had become a battleground for East Los Angeles and San Gabriel gangs. Councilman Pattinson suggested Council look at policy and budget as it pertains to police patrol at the beaches; stating that he believed that if the Police Department were given some latitude they could clean up the beach. Linda Buttson, City, spoke regarding proposed Ordinance 2395 pertaining to massage establishments and urged Council to reconsider and permit an apprenticeship program. RESOLUTION NO 4802 - ADOPTED - PUBLIC EMPLOYEE RETIREMENT SYSTEM The City Clerk was directed to read Resolution No. 4802 by title - "A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEE RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH." �!9 Page #4 - Council Minutes - 10/15/79 On motion by Pattinson, second Bailey, Council adopted Resolution No. 4902 by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder NOES: None ABSENT: Finley CLERK TYPIST SENIOR - COUNCIL SUPPORT/PERSONNEL DEPT - NO ACTION - (RCA 79-821 The City Clerk presented a communication from the City Administrator recommending the need for a permanent position to be shared between the Council Support Di -vision of Administration and the Personnel Department. A motion was made by MacAllister to approve the creation of the permanent position of Clerk Typist Senior at the salary range of 168 ($879-$1089). The motion died for lack of a second. CITY -LOT NOT FOR SALE The City Administrator requested Council make a decision on a City -owned parking lot located at 416 Pacific Coast Highway. A motion was made by Pattinson, seconded by Bailey, to not declare the City -owned parking lot located at 416 Pacific Coast Highway surplus. The motion carried unanimously. ICMA - CITY ADMINISTRATOR TO ATTEND - OCTOBER 21-25, 1979 The City.Administrator advised Council he would be attending the International City Management Association Conference in Phoenix, Arizona October 21-25, 1979. TREET SWEEPING PROGRAM - LIAISON APPOINTED - MANDIC - YODER The City Clerk presented a communication from the HOME Council submitting their recommendations relative to the City's street sweeping program. On motion by Mandic, second Yoder, Council appointed Councilmen Yoder and Mandic to work with staff on the street sweeping program. The motion carried by the following roll call vote: AYES: Thomas, Mandic, MacAllister, Yoder NOES: Pattinson, Bailey ABSENT: Finley ORD NO 2395 - ADOPTED - MASSAGE ESTABLISHEMENTS The City 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." On motion by Pattinson, second Bailey, Council adopted Ordinance No. 2395 by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder NOES: None ABSENT: Finley 50 Page #5 - council Minutes - 10/15/79 ORD NO 2399 - ADOPTED - NAME CHANGE - HBRP TO COMMUNITY SERVICES The City Clerk was directed to read Ordinance No. 2399 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON 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 HARBORS, BEACHES, RECREATION AND PARKS COMMISSION TO COMMUNITY SERVICES DEPARTMENT AND COMMUNITY SERVICES COMMISSION." On motion by Bailey, second Mandic, Council adopted Ordinance No. 2399 by the follow- ing roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder NOES: None ABSENT: Finley ORD NO 2400 - ADOPTED - RECONNECTION PENALTY FEE - WATER SERVICE The City Clerk was directed to read Ordinance No. 2400 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMEND- ING SECTION 14.12.120 TO INCREASE PENALTY FEE FOR RECONNECTION OF WATER SERVICE. On motion by Pattinson, second Mandic, Council adopted Ordinance No. 2400 by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder NOES: None ABSENT: Finley MEADOWLARK AIRPORT BOARD APPOINTMENTS - APPROVED - WARD - KUHN Councilwoman Bailey and Councilman Pattinson recommended that Council appoint Albert Ward and Tom Kuhn to the Meadowlark Airport Board. On motion by Bailey, second MacAllister, Council appointed Albert Ward and Tom Kuhn to the Meadowlark Airport Board. The motion carried unanimously. RECREATION & PARKS COMMISSION APPOINTMENT - APPROVED - COSTA The City Clerk presented a communication from the Westminster School DIstrict recom- mending the appointment of Joe Costa to the Recreation and Parks Commission. On motion by MacAllister, second Pattinson, Council approved the appointment of Joe Costa as Westminster School District's representative to the Recreation and Parks Commission. The motion carried unanimously. RES NO 4803 - ADOPTED - URGING OC HEALTH DEPT TO CONTROL COMMUNICABLE DISEASE The City Clerk presented a communication from the City of Garden Grove uring that Council support their Resolution No. 5838-79 regarding the prevention of communicable disease epidemic resulting from relocation in the county of displaced persons who have entered the nation without undergoing proper screening and quarantine procedures. ,.51. Page #6 - Council Minutes - 10/15/79 Following discussion, the Clerk was directed to read Resolution No. 4803 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO DIRECT THE COUNTY HEALTH DEPARTMENT TO TAKE ANY AND ALL STEPS NECESSARY TO CONTROL OUTBREAK OF COMMUNICABLE DISEASE." Following discussion, a motion was made by MacAllister, seconded by Bailey, to adopt Resolution No. 4803. The motion carried by the following roll call voter AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder NOES: None ABSENT: Finley + RESOLUTION NO 4804 - ADOPTED - TELEVISION FRANCHISE DOCUMENTS The Clerk was directed to read Resolution No. 4804 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING CABLE TELEVISION FRANCHISE DOCUMENTS." On motion by Pattinson, second Mandic, Council adopted Resolution No. 4804 by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder NOES: None ABSENT: Finley Mayor MacAllister stated that the next PCTA meeting would be held October 23, 1979 at 7:30 A.M; the formal ground breaking ceremony to be held at 4:00 P.M. at the Civic Center. BUDGET RETREAT 11/13/79 - MATTERS TO BE DISCUSSED Councilwoman Bailey reminded Council of the Budget Retreat scheduled for November 13, 1979 and requested a report regarding vehicle consolidation and Public Works and park landscape maintenance consolidation. The City Administrator stated the matter was on the calendar and slated for discussion. BEACH VIOLENCE Councilwoman Bailey stated her concern regarding violence on the beach and crime in the City. Mayor MacAllister directed the City Administrator to meet with the Chief of Police to discuss the matter and report back to Council. TOWING ORDINANCE DISCUSSED Councilwoman Bailey stated her concern regarding towing ordinances. The City Administrator stated Council had been provided with copies of proposed ordinances dealing with towing service and that after Council had reviewed and selected one, the item would be agendl zed. DRUG ABUSE DISCUSSED Councilman Thomas stated his concern regarding drug pushing at Dwyer school. The Mayor directed the City Administrator to see that there is adequate police patrol in the area. - M Page #7 - Council Minutes - 10/15/79 PLANNING COMMISSION APPOINTMENT - APPROVED - BRUCE GREER Councilman Thomas appointed Bruce Greer to the Planning Commission. Bruce Greer accepted the appointment. On motion by Thomas, second MacAllister, Council approved the appointment of Bruce Greer to the Planning Commission. The motion carried unanimously. OIL CODE SURETY BOND DISCUSSED - ATTORNEY TO PREPARE PROS AND CONS OF AMENDMENT Councilman Thomas stated that Section 15.16.040 of the Huntington Beach Municipal Code relative to surety bonds requires a $5,000 cash certificate or a $5,000 bond. He requested that the City Attorney study the possibility of an amendment to the code whereby a person owning the well bore and the property, after supplying proof Qf his deed of the property, could record a lein on the property at the County in lieu of the cash or bond. He also suggested the $5,000 bond be raised to 115,000. The City Attorney stated that this would be an exception to the bonding requirement and would therefore come back to Council in the form of pros and cons. She suggested input from the Fire Department be solicited. On motion by Thomas, second MacAllister, Council directed the City Attorney to pre- pare a pro and con study on amending the oil surety bond Section 15.16.040. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Yoder NOES: Bailey ABSENT: Finley CITIZEN SUGGESTION PROGRAM DISCUSSED Councilman Yoder suggested that organizations and individuals that present worthwhile suggestions to the City be recognized. He cited the HOME Council recommendations relative to the City's street sweeping program. COMMUNITY RESTITUTION PROGRAM FUNDING - APPROVED The City Clerk presented a communication from the Police Department regarding a request from Youth Services Program, Inc., for financial support in the amount of $1,000 for the Community Restitution Program now operating in the City and that LEAA funding expired September 30, 1979. On motion by Pattinson, second Bailey, Council approved the request from the Youth Services Program, Inc. for financial support in the amount of $1,000 for the Community Restitution Program and directed the City Attorney to prepare an agree- ment. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder NOES: None ABSENT: Finley EXECUTIVE SESSION CALLED Mayor MacAllister called an Executive Session of the City Council at 10:00 P.M. to discuss personnel and litigation matters. 53 Page #8 - Council Minutes - 10/15/79 RECESS - RECONVENE The meeting was recessed by the Mayor at 10:00 P.M. The Mayor reconvened the meeting at 10:15 P.M. ADJOURNMENT Mayor MacAllister adjourned the regular meeting of the Council to Monday, November 5, 1979 at 6:30 P.M. ATTEST: r�' `-O Zi , Qm� • City Clerk and ex -of icio Clerk of the City Council of the City of Huntington Beach, California City Clerk Rayor �I u 54'