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HomeMy WebLinkAbout1981-09-28I .. 1.� MINUTES Council Chamber Room B-8, Civic Center Huntington Beach, California Monday, September 28, 1981 A tape recording of this meeting is on file in the City Clerk's Office Mayor Finley 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, Finley, Bailey, Mandic, Kelly Thomas (arrived at 8:10 P.M.) Absent: MacAllister EXECUTIVE SESSION f The Mayor called an Executive Session of Council to order at 6:30 P.M. to.discuss personnel and litigation matters, RECESS.- RECONVENE The Mayor called.a recess of Council at 6:30 P.M. The meeting was reconvened at 7:30 P.M. ADMINISTRATIVE HEARING - APPEAL TO CITY ADMINISTRATOR'S FIVE DAY SUSPENSION OF PERMIT APPEAL DENIED - TOUCH' F CLASS MASSAGE PARLOR GR ENS AN The City Clerk announced that this was the day and hour set for a public hearing to consider an appeal to the City Administrator's five day suspension of Marvin H; Greenspan's massage establishment permit. She then announced that the meeting would be held in the adjacent Room B-3. Mayor Finley stated that Council would consider the appeal of the City's suspen- sion of.Marvin H. Greenspan's massage establishment permit.' The City Clerk. announced that all legal requirements for notification had been met. Mayor Finley stated that Council: would listen to'the evidence presented in support of the suspension and any evidence offered on behalf of. Mr. Greenspan. The City Attorney stated that a letter dated September 28, 1981 had been received frpm Gerald.L. Klein, Attorney representing Mr. Greenspan, requesting that the hearing be continued in as much as it was scheduled for the evening of Rosh. Hashanah, and the applicant, and attorney, would not be able.to attend for religious reasons. Mayor Finley inquired if. the appellant was present. 3 Page #2 - Council Minutes - 9/28/81 William Sage, Police Legal Advisor, stated that at 7:30 P.M. he went into the Council Chamber to inquire if anyone representing Mr. Greenspan was present and that there was no'response. Following discussion, a motion was made by Pattinson, seconded by Mandic, to continue with the hearing at this time and hear the evidence regarding the appeal filed by Mr. Greenspan as scheduled. The motion carried by the following roll call vote: AYES: Pattinson, Bailey, Mandic NOES: Finley, Kelly ABSENT: MacAllister (Thomas arrived 8:15 P.M.) Officer James.King, after being duly sworn, gave testimony regarding events at the Touch of Class massage establishment on the night of June 13, 1981. The City Attorney stated that the Huntington Beach Municipal Code Section 5.24.250 provides that the City Administrator may revoke or suspend a permit to operate a massage establishment for any violation of the massage ordinance. She stated that Council had been provided with a communication informing them that the City Administrator suspended the permit of Marvin Greenspan to operate Touch of Class massage establishment for five days. The City Attorney stated that Section 5.24.170(b) provides that it is unlawful to carry on massage opera- tions after midnight and that Section 5.24.170(i) provides that it is unlawful to permit consumption' or possession of alcoholic beverages in a massage esta- blishment. A motion was made by Kelly, seconded by Pattinson, to find the appellant guilty of violating Huntington Beach Municipal Code Section 5.24.170(b) and 5.24.170(i). Following discussion, Councilman Kelly withdrew his motion; Councilman Pattinson withdrew his second. A motion was made by. Pattinson, seconded by Kelly, to sustain the City Administra- tor's decision to suspend for five days Mr. Greenspan's permit tooperate the Touch of Class massage establishment and to deny the appeal of Marvin Green- span. Councilman Kelly entered the Council Chamber and inquired in :a loud voice if.anyone were present to represent Mr. Greenspan; no one responded. The motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, Mandic, Kelly NOES:- None ABSENT: MacAllister (Thomas arrived 8:15 P.M.) The City Attorney stated that Council would receive proposed findings to sustain their decision and could adopt them at the next Council meeting. J014T MEETING WITH.PLA14NING COMMISSION The Mayor stated that the Planning Commission would be joining the'City Council for a meeting to discuss a proposed condominium conversion ordinance. Planning -Commission -- Doll Call Present: Bannister Paone;. Porter, Schumacher, Mahaffey Winchell (arrived 8-.b5 P.M.) I1 92 Absent: Kenefick Page #3 Counci 1 'Minutes - 9/28/81 Proposed Condominium Conversion Ordinance Discussion`- referred Back to Planning Commission extensive discussion was held.regarding various aspects of a proposed condominium conversion ordinance including how strict such an ordinance should be, the need for low cost housing to buy and to rent, the available apartment stock in the city And the philosphy of each member of the Planning Commission and the .City Council regarding condominium conversion. Discussion was held regarding further information and statistics that would assist Councilmembers and Commissioners in arriving at a resolution of the issue; the Director of Development Services stated that he would gather the information and forward it to Council and the Planning Commission. Mayor Finley polled the Council regarding referring the proposed condominium conver- sion ordinance back to the Planning Commission. The motion carried by straw vote as follows:. AYES: Thomas, Pattinson, Kelly NOES:. Finley, Bailey, Mandic ABSENT:' MacAllister The City Administrator suggested that the Planning Commission bring back con- ceptual ideas regarding condominium conversion rather than an.ordinance. It was suggested that as many as three proposed condominium conversion ordinances could come back from the Planning Commission for Council consideration. Mrs. Winchell polled the Planning Commission regarding again considering the proposed condominium conversion ordinance. The straw vote carried as follows: .AYES: Paone, Mahaffey, Porter NOES: Winche1i, Bannister ABSTAIN: Schumacher ABSENT: Kenefick ADJOURNMENT The Mayor adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach to 5:30 P.M., October 5, 1981 in Room B-l. ATTEST:' �Z�l �ix J/ "1, 7 z �; 7� City Clerk City Clerk and ex-officio.Clerk of the City Council of the City of Huntington Beach, California e"I z 4, Mayor