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Home My WebLink About1978-06-29MINUTES Council Chamber, Civic Center Huntington Beach, California Wednesday, June 29, 1978 A tape recording of this meeting is on file in the City Clerk's Office Mayor Shenkman called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. ROLL CALL Present: MacAllister, Bailey, Mandic, Siebert, Shenkman Thomas (arrived 8:20 P.M.) Absent: P�tinson CETA PROGRAM Discussion was held on CETA Personnel. The Assistant City Administrator dis- played viewgraphs showing CETA personnel scheduled for transition to permanent and CETA employees scheduled for termination. The City Administrator was requested to return with recommendations relative to CETA priorities. The Assistant City Administrator explained the CETA process stating that it would be possible on a rehire basis that a full time employee, after a certain amount of time of unemployment could be eligible for reemployment into a CETA position. He explained the Federal Government regulations in this regard. A motion was made by Shenkman, second Siebert, to include Building Block #1 and #2 in the 30 day moratorium and to direct staff to prioritize the positions and bring back to Council. The motion carried by the following vote: AYES: MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson, Thomas COUNCILMAN THOMAS ARRIVED AT THE ✓COUNCIL "IEETING. TRANSFER OF OIL FIELD DEPARTMENT OPERATIONS A motion was made by Thomas, seconded by Siebert to take the Oil Field Department out of the Building Department and transfer it to the Fire Department and that the present Oil Field Inspector go to the Fire Department and train there for about 30 days, and then do away with the Oil Department in the Building Department and it would be reorganized to a Fire Safety Department in the oil fields. Discussion was held. In response to a question by Council the City Attorney stated that she.believed it would be appropriate to get back-up material from the Fire and Building Departments on the matter; however, she did not believe there was anything to prohibit action at this time. The Fire Chief reported on the history of the Oil Department and stated that he had a neutral position on the matter. The Building Director stated that he believed the position was more closely related to his department, but that he, as the Fire Chief had no strong feelings on the matter. 140 I Page #2 - Council Minutes - 6129178 In response to a question by Councilman MacAllister for clarification of the motion, Mayor Shenkman stated that the motion was that the Oil Inspector position be transfer- red from the Building Department to the Fire Department. Councilman Thomas stated that he had meant that the Oil Field Department be transferred to the Fire Department under its jurisdiction and that the Oil Field Superintendent could be moved over there for 30 days to break them in, and then return to the Building Department, with the Fire Department handling it with their own people. Councilman MacAllister stated that as the Oil Field Inspector would be returned to the Building Department he would vote for the motion. The Building Director informed Council that a great deal of the Oil Inspector's value was the personal knowledge that he had of the industry and the existing facilities. He stated that he believed the pros and cons of such transfer should be analyzed and returned to Council for report. Councilman Thomas was out of the room at the time of the vote an the matter. The motion carried by the following vote: AYES: MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Thomas, Pattinson The City Administrator informed Council of urgency ordinances relating to revenues which had been prepared for Council consideration and which needed to be enacted by June 30. The City Attorney reported on proposed Urger}cy Ordinance No. 2298 - National Resources Production Fees. ✓ URGENCY ORDINANCE NO 2298 - "NATURAL RESOURCES PRODUCTION FEES - ADOPTED The City Attorney presented Urgency Ordinance wo. 2298 for Council consideration - "AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICI- PAL CODE BY AMENDING SECTIONS 5.32.020, 5.32.030 AND 5.32.040, AND AMENDING THE TITLE OF CHAPTER 5.32, ALL PERTAINING TO NATURAL RESOURCES PRODUCTION FEES." At the suggestion of Councilman Thomas, the words "temporary or permanent water tank" were added in Section 2, 5.32.030. The words "in the alternative" were placed in sub- section (b) of the same section. A motion was made by Thomas, seconded by MacAllister, to direct the Clerk to read Urgency Ordinance No. 2298 in full. Following a reading in full, Councilman MacAllister suggested adding the words "30 days relief on the 1978 delinquency" to Section 2, 5.32.040. A motion was made by MacAllister, seconded by Thomas, to amend said ordinance, as recom- mended, and add to the main motion. A vote was taken on the motion to adopt, as amended, and carried as follows: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson Page #3 - Council Minutes - 6/29/78 .V/ URGENCY ORDINANCE NO. 2297 - COMMUNITY ENRICHMENT LIBRARY FEE - ADOPTED The City Attorney reviewed Urgency Ordinance No. 2297 - "AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING A NEW CHAPTER 3.40 ENTITLED "COMMUNITY ENRICHMENT LIBRARY FEE." RECESS - RECONVENE Mayor Shenkman called a recess of the Council at 9:00 P.M. in order to review the proposed ordinance. The meeting was reconvened at 9:10 P.M. Following discussion, Urgency Ordinance No. 2297 was revised to include wording to clarify Section 3.40.010 - (Declaration of Necessity) relative to the type of construction on which the excise tax would be imposed. Section 3.40.050 - (Exemptions) was modified to delete (a) and (b) referring to the exemption of banks and insurers respectively. Wording was then inserted to exclude any residential additions or modifications which do not increase the gross floor space more than 50% of the total gross floor space. Section 3.40.100 was amended to change the title of the fund to "Library Service Fund" for acquiring, constructing, equipping, maintaining and staffing of libraries, and other City Council approved cultural endeavors. Following a reading in full, on motion by MacAllister, second Thomas, Council adopted Ordinance No. 2297 by the following roll call vote: AYES: NOES: ABSENT: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman None Pattinson RESOLUTIONd NO. 4633 - ADOPTED - PERMIT FEE SCHEDULE - OIL CODE The City Attorney reviewed proposed Resolution No. 4633 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DETERMINING FEE SCHEDULE OF PERMITS REQUIRED BY HUNTINGTON BEACH OIL CODE AND SETTING CONOI- TIONS OF PAYMENT THEREOF." The Building Director spoke regarding the City Attorney's research into case law on the subject of permit fees and their relationship to the cost of providing the service that the permit fee is supposed to pay. Discussion was held between the Council and City Attorney. Following a reading of Resolution No. 4633 by title, on motion by Thomas, second Siebert, Council waived further reading and adopted same by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson Councilman Mandic requested that a report be prepared relative to the changes made by other cities. RECOMMENDATIONS ON ADDITIONAL REVENUES Mayor Shenkman presented a recommendation from Mr. Clancy Yoder, resident on additional revenues and requested the City Administrator to analyze same. 1421 Page #4 - Council Minutes - 6/29/78 / / EXTENSION OF CONTRACTS - REAL PROPERTY AGENT AND POLICE LEGAL ADVISOR - APPROVED On motion by MacAllister, second Siebert, Council approved the extension of the February 8, 1978 agreement between the City and Charles Davis, Real Property Agent, to and including July 31, 1978 and the agreement dated April 4, 1978 between the City and William B. Sage, Police Legal Advisor, to and including July 31, 1978 and authorized execution of same by the Mayor and City Clerk. Motion carried by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson AGREEMENT - HUNTINGTON BEACH COMPANY - COUNCIL The City Administrator informed Council that a communication had been received from the Huntington Beach Company outlining conditions which they require the City to meet on their property on which a Carnival is to be held on the 4th of July weekend. He stated that the conditions were acceptable except for Condition No. 5 relating to insurance. The City Adminstrator read Condition 5 to the City Council. The City Tr?asurer informed Council that as the City was self -insured to $300,000 it would -have to purchase a separate $200,000 policy to cover the required amount of $500,000. Following discussion, Mr. Jerry Shea, representing the Huntington Beach Company, stated that his company would. agree to $300,000 coverage. On motion by MacAllister, second Siebert, Council approved and authorized the City Administrator to execute an agreement between the City and the Huntington Beach Company relative to the carnival to be held on Huntington Beach Company property. Motion carried unanimously. ADJOURNMENT On motion by Siebert, second Thomas, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned to Monday, July 3, 1978 at 6:00 P.M. in the Council Chambers. Motion carried unanimously. ATTEST: Alicia M. Wentworth City Clerk By: Deputy City Clerk Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California b 143