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HomeMy WebLinkAbout1980-05-19MINUTES Council Chambers, Civic Center Huntington Beach, California Monday, May 19, 1980 Mayor Bailey called the adjourned regular meeting of the City Council to order at 6:30 P.M. ROLL CALL Present: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly Absent: None EXECUTIVE SESSION CALLED The Mayor called an Executive Session of Council for the purpose of discussing litigation and personnel matters. RECESS - RECONVENE The Mayor called a recess of the Council at 6:30 P.M. The Council reconvened at 7:30 P.M. ❑n.1f111RNMFNT Mayor Bailey adjourned the adjourned regular meeting of the Council of the City of Huntington Beach. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy ATTEST: Alicia M. Wentworth City Clerk By ---'� o Deputy 61Mayor L� M MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, May 19, 1980 A tape recording of this meeting is on file in the.City Clerk's Office Mayor Bailey called the regular meeting of the City Council of the City of Hunting- ton 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 Darrell Chilson, Church of the Nazarene. ROLL CALL Present: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly Absent: None PRESENTATION - FORMER PLANNING COMMISSIONER PRIM SHEA Mayor Bailey announced that a plaque had been prepared for Prim Shea in apprecia- tion for her service on the Planning Commission. PROCLAMATION - "CLEAN BEACH WEEK" The Mayor presented a proclamation to Dorothy Christiansen designating the week of May 25-31 "Clean Beach Week PRESENTATION TO COUNCIL AND DEPARTMENT HEADS FROM HARBOUR VIEW SCHOOL YOUTH COUNCIL A presentation was made to Council and Department Heads from the Harbour View School Youth Council, consisting of resolutions concerning the City,which they had adopted for consideration by Council. Coordinator Layne Neugart was present with the students. Mayor Bailey presented Mr. Neugart with a plaque in appreciation for his contribution to the community. APPEAL TO P C DENIAL OF SPECIAL SIGN PERMIT 80-2 - APPEAL GRANTED Mayor Bailey announced that this was the day and hour set for a public hearing for the purpose of considering an appeal filed by Helmut Hofer, to the Planning Com- mission's denial of Special Sign Permit No. 80-2, a request to add a two foot by seven foot internally illuminated sign to an existing sixty-five foot high free- standing sign located in the Old World.Village shopping mall at the northwest corner or Center Drive and. Huntington Village Way. The property is currently zoned North Huntington Center.Specific Plan. The Clerk announced that all legal requirements for no publication and: posting had been met, and that other than the letter of appeal, she had received no communication or written protests to the matter. The Director of Development Services presented slides of the area in question. Mayor Bailey declared the hearing open. 62 Page #2 - Council Minutes - 5/19/80 Helmut Hofer appellant, explained to Council the need for a visible sign to inform the public that a motel exists in the Old World Village shopping mall and stated he wasn't concerned that it be visible from the freeway, but would like it visible for local traffic. There being no one present to speak further on the matter and there being no pro- tests filed either oral or wr t ten, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Thomas, to overrule the decision of the Planning Commission and staff and approve Special Sign Permit No. 80-2 with the following findings; 1. Strict compliance with Article 976 will result in a substantial economic hardship to the applicant. 2. The proposed sign would not adversely affect other signs in the area. 3. The proposed sign will not be detrimental to the property located in the vicinity of such sign. 4. The proposed sign does not obstruct pedestrian or vehicular traffic vision. The motion carried unanimously. ORAL COMMUNICATIONS Alice Bowes, City, stated that she was a volunteer at the Banning Annex and requested that Council remember the Library when considering the budget. Dean Albright, City, spoke in support of animal control services being provided by the City and the need for a spay and neuter clinic. James Harker, Attorney for the Municipal Employee Association spoke regarding the matter of temporary City employees being employed in a long-term capacity. He requested that the City Administrator and Department Heads investigate the matter. Mary Wigginton, requested that Council consider the Library when contemplating the budget; she stated that she was a volunteer at the Main Street Annex. Tom Livengood, City, spoke regarding the City Administrator's recommendations for Fee increases for the 1980/81 City Budget and the proposed animal license fee increase on the agenda. He requested that Council take time to review alternatives and to hold down costs to the taxpayers. Mildred Weisz, City, spoke regarding the Allied Arts Board and requested Council's consideration when studying the 1980/81 budget. Geor a Abbond, City, cited $2,600 damage to his vehicles, damage to the green belt at l .t , Main and Utica Streets and suggested that the school district be billed for all damage caused by students. He stated his concern regarding the overflow parking from the school. R. A. Bender, Attorney at Law, City spoke regarding Resolution No 4875 relative to standards for City -directed towing services and asked that Council defer consi- deration pending resolution of a Federal law suit on this matter. 6 Page #3 - Council Minutes - 5/19/80 Leonard Becker, San Bernardino, spoke regarding Resolution No. 4875 relative to standards for City -directed towing servi..e., and stated the policy of rotation of towing services as outlined in the resolution does not work and submitted a written statement to Council. Eva Kalayjian, City, stated that she had given her children six chicks as pets; that they were now full grow^, kept in a cage, and were all hens and did not present a noise problem. She stated that she had received a call saying the chickens were illegal because of setback requirements and requested a relaxation of the code in this instance. Mayor Bailey requested the City Administrator to look into the matter. Chuck Sherrer, Chuck's Towing and Recovery, spoke regarding Resolution No. 4875 and requested tat Council adopt the resolution. James Harker, Attorney for the Municipal Employee Association, spoke in support SB 1842 which would authorize local governments covered under the Meyers-Miiias- Brown Act to negotiate and agency shop with any local employee union. The City Administrator informed Mr. Harker that the bill had been defeated in Sacra- mento. Greg Daly stated that he was a spokesperson for the Community Association of Sunset Beach. He gave a restatement of the issues citing parking, noise and drunk driving problems in the Peter's Landing area. Walt Mitchell, stated he was a resident of Sunset Beach and cited circumstances concerning trash, noise and parking problems associated with the Red Onion disco at Peter's Landing. He appealed to Council to take whatever legal action was avail- able to solve the problem. William Wright cited noise problems associated with the Red Onion disco at Peter's Landing. Heistributed a communication to Council describing the events experienced nightly by the residents of four condominiums residing next to the parking lot. He mentioned a meeting he attended between staff, Supervisor Wieder and others regarding the matter. He stated that it was his understanding that noise tests had been con- ducted in the area. Mr. Wright requested that Council suspend the operation of the entertainment portion of the Red Onion and other restaurants in Peter's Landing. Pat Neely stated he was appearing on behalf of the Sunset Beach Community Associa- tion. He spoke regarding the retention and restoration of the Sunset Beach water tower and requested Council's support regarding a moratorium on the demolition of the tower and houses adjacent to the tower. Kathy Downey, City, addressed Council regarding the need for a traffic light at the intersection of Yorktown and Newland, stating that recently a bicycle rider had been hit by an automobile. SUGGESTION COMMITTEE - MACALLISTER APPOINTED Mayor Bailey appointed Councilman MacAllister to the Suggestion Committee. COUNCIL CALENDAR REQUESTED Mayor Bailey requested that each CouncilmVber prepare a calendar for the remainder of the year with a schedule of their vacations. 64 Page #4 - Council Minutes - 5/19/80 CONDO CONVERSION - COMMITTEE FORMED Mayor Bailey stated that previous Council direction was to establish a committee to work with staff to develop an ordnance dealing with condominium conversion. She requested that Councilwoman Finley form such a committee and bring back recommenda- tions at the June 2nd Council meeting. NEW MAYOR & COUNCILMEMBERS INSTITUTE Councilwoman Finley spoke regarding the New Mayor and Councilmembers Institute Confer- ence and stated that a book and tapes were available to the public. CITY BUDGET FY 1980/81 - FREE COPIES TO BE AVAILABLE Councilwoman Finley stated her belief that copies of the City budget for FY 1980/81 should be given free to interested citizens. On motion by Finley, second Thomas, Council directed that copies of the City budget for FY 1980/81 be made available to the public without charge. Following discussion, the motion carried by the following roll call vote: AYES: Thomas, Finley, Bailey, Mandic NOES: Pattinson,' MacAllister, Kelly ABSENT: None SUPREME COURT DECISION Councilwoman Finley requested that the City Attorney obtain a copy of the Supreme Court decision regarding the definition of a family as it pertains to communes and other types of living arrangements. OFF -SHORE PIPELINE LEASE NEGOTIATION - COMMITTEE FORMED Councilman Kelly requested that Council consider developing a committee to act as liaison in the matter of off -shore pipeline lease negotiations. He suggested at lease two Councilmembers and Community Services Department staff be included on the committee. Following discussion, a motion was made by Kelly, seconded by Thomas, to form a committee including at least two Councilmembers, to aid in liaison on the off -shore pipeline negotiations. Th-e motion carried unanimously, Mayor Bailey appointed Councilmen Kelly and Thomas to serve on the newly formed committee. BOARDS & COMMISSIONS - VACANT POSITIONS UPDATE REQUESTED Councilman MacAllister requested that Council be provided with an updated list of vacant positions on various Boards and Commissions. BOYS CLUB CELEBRITY AUCTION Councilman MacAllister reminded everyone that Friday, May 23rd the First Celebrity Auction for the Boys' Club would be held at the Seacliff Country Club. G5 Page #5 - Council Minutes - 5/19/80 OFF -SHORE PIPELINE LEASE STUDY Councilman Mandic stated that a Development Services Committee had been formed to study pipeline franchises, energy conservation, study of other cities procedures and fees charged, such as what Forts of Long Beach charge for barrel tax on in- coming tankers. He stated he would like to direct Development Services to focus on that aspect of the study first and make their information available to the newly formed Off --Shore Pipeline Lease Negotiation Liaison Committee and Community Services for use in their negotiations with the oil companies. Councilman Mandic stated his concern regarding duplication of efforts in the lease studies. The Director of Development Services stated his willingness to assist in the matter. OUTREACH GRANT Councilman Mandic stated that he would like a copy of the Sixth Year Funding Grant Application for the Senior's Outreach Program. He stated his concern regarding salaries of employees and that he would like information as to what their salary proposals actually were and how they compare to the other cities that are also on that grant. He stated that there was a possibility that the persons employed through our grant were receiving a lower salary. He stated that he would bring back the information to Council. URGENCY ORDINANCE NO 2434 - ADOPTED - NOISE CONTROL Councilman Pattinson reminded Council that he would be leaving the meeting at 9:30 P.M. and requested that Urgency Ordinance No. 2434 be considered at this time. The Clerk presented Urgency Ordinance No. 2434 - "AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO SECTION 8.40.111 RELATING TO NOISE CONTROL." Following discussion a motion was made by Pattinson, seconded by MacAllister, to amend Ordinance No. 2434, Section 8.40.111 (a) to read as follows: ...between the hours of 10 P.M....", and to direct the Clerk to read said ordinance by title, and adopted same by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None TENNIS COURT LIGHTS - REPORT REQUESTED Councilman Pattinson stated his concern regarding lights on at all hours at the tennis court at Saybrook Lane and Heil Avenue. He suggested the use of a timer or coin meter to regulate the use of the lights. On motion by Pattinson, second MacAllister, Council directed staff to come back with a proposal to regulate the use of lights on tennis courts throughout the City. The motion carried unanimously. COUNCILMAN PATTINSON'S COMMENTS RE ANIMAL LICENSING & SUNSET BEACH WATER TOWER Councilman Pattinson stated that as he was leaving the meeting at 9:30 he would like to make known his comments on two items that Council would be considering. He spoke regarding animal licensing stating that he was very unhappy with the County of Orange, that he didn't know if there was any other way to contract out animal control at this time, but that he believed something had to be done. •0 Page #6 - Council Minutes - 5/19/80 Councilman Pattinson stated that he would not want this City to be involved in tearing down the Sunset Beach Water Tower, that he was not in favor of going into a joint agreement with the City of Seal Beach to tear it down and that if the buildings in question are Cite property then they are our responsibiltiy. IN UIRY INTO HEALTH OF FIRE C"IEF Councilman Thomas inquired as to the condition of Fire Chief Picard who was in the hospital. The City Administrator stated that the Chief would be coming home ,May 20th to convalesce for two or three weeks and that he had received the flowers from Council. OFF -SHORE PIPELINE FRANCHISE Councilman Thomas requested clarification regarding the lease of the off -shore pipe- line franchise. The City Administrator responded. SUNSET BEACH WATER TOWER Councilman Thomas stated that he had inspected the Sunset Beach Water Tower and that it was eaten by by termites and that it was a disaster. CONSENT CALENDAR - ITEMS REMOVED Councilman Pattinson and Councilman MacAllister requested that Resolution No. 4875 pertaining to towing services be removed for separate consideration. The item pertaining to pier concessions was requested to be removed by Councilman MacAllister. At the suggestion of the City Administrator, Mayor Bailey removed the item pertaining to SB 1842, (Agency Shop) from the Consent Calendar. CONSENT CALENDAR - ITEMS APPROVED On motion by Mandic, second Thomas, the following items were approved, as recommended, by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned meetings of 5/5/80 and 5/12/80, ante regular meeting of 5/5/80 as written and on file in the Office of the City Clerk. PARCEL MAP 79-560 - FIRST METHODIST CHURCH - Approved final parcel map and accepted the offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located southwest of Clay Avenue and Delaware Street, and instructed the City Clerk to execute same and release to the County for processing. PARCEL MAP 79-570 - JACK CHALABIAN - Approved final parcel map and accepted the offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located south side of Argosy Drive, east of Bolsa Chica Street and instructed the City Clerk to execute same and release to the County for processing. 67 Page #7 - Council Minutes - 5/19/80 PARCEL MAP 79-574 - DONALD PENKOFF - Approved final parcel map pursuant to the. mandatory findings set forth -Ty ---the Board of Zoning Adjustments on property located northeast of Producer Lane and Research Drive and instructed the City Clerk to execute same and release to the County for processing. CERTIFICATION OF STATE DFPAR71ENT OF FINANCE POPULATION ESTIMATE FOR HUNTINGTON BEACH - Directed the City Administrator to request formal certification —of the anuary, 9 State Department of Finance population estimate of 172,200 for the City of Huntington Beach. RESOLUTION NO. 4873 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH S I HI G A FEE SCHEDULE FOR LANDFILL OPERATIONS." RESOLUTION NO. 4874 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH INDICATING ITS INTENT TO IMPLEMENT PRIOR TO DECEMBER 31, 1982, HEREIN DEFINED "REASONABLY AVAILABLE CONTROL MEASURES" FROM THE SOUTH COAST AIR QUALITY MANAGEMENT PLAN." SPECIAL EVENTS BOARD RESIGNATION - DONALD BURTIS - Accepted with regret, the resig- nation of Donald W. Burns, II from the Special Events Board and directed the prepara- tion of the appropriate commendation. PARCEL MAP 79-586 - THE ROMAN CATHOLIC BISHOP OF ORANGE - Approved final parcel map and accepted the offer of dedication pursuant to the mandatory findings set forth by the Planning Commission on property located on the north side of Talbert Avenue, west of Newland Street and instructed the City Clerk to execute same and release to the County for processing. CYPRESS/ASH STORM DRAIN - CC-456 = NOTICE OF COMPLETION/CHANGE ORDERS - Approved Change Orders 1, 2 and 3 at an increase cost of 9.50, accepte !he work on the construction of the Cypress/Ash. Storm Drain completed by Fleming Engineering, Inc., for a total cost of $115,049.50 and instructed the City Clerk to file the Notice. of Completion. AGREEMENT - NEIGHBORHOOD REHABILITIATION LOAN PROGRAM - Approved and authorized execu- tion of the e a itation Loan Program etween City and Security Pacific National Bank. CHANGE ORDER #1 - WHEELCHAIR RAMPS - CC-300 - Approved contract Change Order #1 to CC-300 for the addition of two wheels aTr ramps at McFadden Avenue at Gothard Street. RES NO 4875 - DEFERRED - TOWING SERVICES The Clerk presented Resolution No. 4875 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING STANDARDS FOR CITY -DIRECTED TOWING SERVICES." Councilman Pattinson stated that he would vote against any resolution for any towing service except on a franchise basis. Councilman MacAllister stated that he would like Council to continue the item so that it could be reviewed by a committee. He stated that Section 5, Paragraph A should be changed from "...six miles from the Police Department..." to "...within the City of Huntington Beach..." Councilman MacAllister stated that he believed that storage yard area 20,000 square feet was too small in area. Page #8 - Council Minutes - 5/19/80 On motion by MacAllister, second Thomas, Council directed that Resolution No. 4875 be sent to a committee for review; that Section 5, Paragraph A pertaining to location of the towing service be changed to read "...within the City—", that the area of the storage yard be changed to "...a minimum area of 43,000 square feet..." and that the resolution be returned to Council within thirty days. The City Administrator pointed out that a letter from another towing firm located in Huntington Beach had other concerns and requested the committee to evaluate this information when reviewing the resolution. The City Attorney stated she had grave concerns regarding a change in the resolution pertaining to limiting the location of towing companies to within the City of Huntington Beach. She stated that the concern was from an anti-trust view point of limiting it to the City of Huntington Beach and that is why it had not read that way in the past. The City Attorney cautioned Council that she did not think that the resolution would accomplish the purpose of establishing reasonable standards that would stand up in court if the limits were within the City of Huntington Beach. Councilman Kelly expressed concern regarding the operation of the towing service on a rotational basis and requested the committee to review this aspect of the resolution. The motion made by MacAllister, seconded by Thomas, carried unanimously. Mayor Bailey appointed Councilmen Pattinson, MacAllister, and Thomas to serve as iiais on the committee to review Resolution No. 4875. Councilman Patt.inson left the meeting at this time. RENEWAL AGREEMENTS - APPROVED AS MODIFIED - PIER CONCESSIONS The Clerk presented a communication from the Director of Community Services trans- mitting renewal agreements for four pier concessions: The End Cafe - John Gustafson, Lessee; Captain's Galley - Ella Christensen and Roger Cowdrey, Lessees; Tackle Box - Ella Christensen or Joy Smith, Lessees; and Neptune's Locker - Ella Christensen or Joy Smith, Lessees. Councilman MacAllister stated that he believed that under paragraph 13 pertaining to assignment or sublease and the percentage payable by lessee to lessor that fifty percent of the selling price was too much and that twenty-five percent was more reasonable. Councilwoman Finley questioned the City Attorney as to the definition of the word "redevelopment" as used in the agreement. The City Attorney clarified the meaning of the word as used in the agreement and suggested that it read "re- vitalization" rather than "redevelopment." A motion was made by MacAllister, seconded by Thomas, to modify the fifty percent fee in the event of assignment or sublease to a twenty-five percent fee and further that the word "redevelopment" be changed to read "revitalization" throughout the agreements and that Council approve the four pier concession leases as modified and authorize execution of same. Councilman Mandic raised a question regarding the determination of the percentage fee. The Deputy Director of Community Services clarified the matter. 69 Page #9 - Council Minutes - 5/19/80 The motion made by MacAllister, seconded by Thomas, carried by the following roll call vote: AYES: Thomas, Finley, Bailey, MacAllister, Mandic NOES: Kelly ABSENT: Pattinson PROPOSED SB 1842 - AGENCY SHOP - NO ACTION TAKEN The Clerk presented a communi.cation.from the City Administrator pertaining to proposed SB 1842 which authorizes local governments covered under the Meyers-Milias- Brown Act to negotiate an agency shop with any local employee union. On motion by Bailey, second MacAllister, Council took no action on proposed SB 1842 which authorizes local governments covered under the Meyers-Milias-Brown Act to negotiate an agency shop with any local employee union. The motion carried unanimously. RECESS - RECONVENE The Mayor called a recess of the Council. The meeting was reconvened by the Mayor. COPPERTONE TRASH RECEPTACLE AGREEMENT - DEFERRED TO 6/2/80 The Clerk presented a communication from the City Administrator pertaining to the proposed Coppertone Trash Receptacle Agreement. The City Administrator stated that he had been informed that Coppertone had questioned two sections of the proposed agreement and that the agreement must now go back. to the City Attorney for further deliberation and.possible revision. He stated that the item would be scheduled for Council's consideration at the June 2nd meeting. HELICOPTER RELOCATION - DEFERRED - SITE AT ELLIS EDWARDS ABANDONED The City Administrator stated that he and the Director of Public Works had reviewed topographical maps from 1947 to 1972 that showed serious filling of the previous site located southwest of Talbert Avenue and Gothard Street. The City Administrator recom- mended that a committee of staff and Councilmembers be formed to explore other sites within the City's industrial area as well as sites outside the City limits and bring back a progress report June 2nd. Councilman Mandic referred to a builder that had expressed interest in a joint venture with the City to build a heliport site. Council directed that this alternative be included in the committee's study. A motion was made by Thomas, seconded by Bailey, to direct staff to investigate other sites to locate the heliport such as: Los Alamitos Air Station, McDonnell Douglas in Huntington Beach, Kaiser -Aetna industrial area, industrial properties in West - Minster, Orange County Sanitation District site, Seal Beach Naval Weapons Station, joint venture with Mr. Kola, as well as other sites_ A motion was made by Thomas, seconded by Bailey, to amend the main motion to include creating a committee consisting of staff and Councilmembers to explore alternate heli- port sites. The motion carried unanimously. Council voted on the main motion as amended. The motion carried unanimously. LQ Page #10 - Council Minutes - 5/19/80 Mayor Bailey appointed Councilmembers Kelly and Thomas to serve on the Heliport Relocation Committee. She stated gnat she would also serve on the committee. On motion by MacAllister, second Mandic, Council abandoned consideration of the possible heliport site locate' at Ellis Avenue and Edwards Street. The motion carried by the following roll call vote: AYES: Thomas, Finley, Bailey, Mandic, Kelly NOES: MacAllister ABSENT: Pattinson BUDGET STUDY SESSIONS SCHEDULED The City Administrator requested that a study session regarding the budget be scheduled for Tuesday, May 27th at 7:30 P.M. A Public Hearing on the budget was scheduled for June loth at 7:30 P.M. The date of June 23rd was set to adopt the budget. The date of June 9th at 7:3G was chosen for a labor relations retreat with the labor negotiator. CONSOLIDATION OF CITY ELECTION - NOT TO BE PURSUED The Clerk presented a communication from the City Administrator pertaining to the possible consolidation of the City's General Municipal Election with Orange County. Following disuussion, a motion was made by MacAllister, seconded by Kelly, to aban- don the investigation in regard to shifting the elections from how they are now stated within the Charter. The motion carried by the following roll call vote: AYES: Thomas, Finley, Bailey, MacAllister, Kelly NOES: Mandic ABSENT: Pattinson RES TO BE PREPARED - RE AUTHORITY TO APPROVE CONSTRUCTION CONTRACT CHANGE ORDERS The Clerk presented a communication from the Department of Public Works requesting authority to'approve construction contract change orders to an accumulated total of 10% of the project contract amount. Discussion was held regarding limiting the accumulated total not to exceed $50,000. On motion by MacAllister, second Mandic, Council directed the City Attorney topre- pare a resolution indicating the following points: (a) That the Director of Public Works and the City Engineer be authorized to approve contract change orders to an accumulated total of 10% of he project contract amount, not to exceed $50,000. (b) That the Finance Director be authorized to pay the contractor for change orders approved by the Director of Public Works or City Engineer. (c) That City Council approval be required for change orders in excess of 10% of the project contract amount, or $50,000. Page #11 - Council Minutes - 5/19/80 The motion carried by the following roll call vote: AYES: Thomas, Finley, MacAllister, Mandic, Kelly NOES: Bailey ABSENT: Pattinson i, a.4r oeth'.+knS ORD NO 2435 - APPROVED - ANIMAL & RABIES CONTROL CONTRACT - COUNTY OF ORANGE The Clerk presented a transmittal from the City Treasurer of the Orange County Animal Control and Shelter Service Contract for 1980/81. A motion was made by Mandic, seconded by Thomas, to: (a) Approve and authorize execution of the Orange County Animal control and Shelter Service Contract. (b) Approve introduction of an ordinance revision to increase dog license fees to the increments selected by the City Council to make animal licensing more self -funding. After reading by title, approve introduction of Ord. No. 2435 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 7.08.050 AND 7.08.060 PERTAINING TO LICENSING OF ANIMALS." (c) Consider the possibility of starting our own Animal Control at some time in the future. Mayor Bailey expressed her concern regarding the penalty fee on late licensing; she stated that she believed 100% penalty was excessive and recommended that it stay at 50%. A motion was made by Mandic, seconded by Thomas, to amend the main motion to change the penalty for late licensing from 100% to 50%. A motion was made by Councilman MacAllister to change the fees from $12.50 to $15.00 - (non -neutered or spayed) and from $6.25 to $7.50 (neutered or spayed). The motion died for lack of a second. The amendment to the main motion carried unanimously. The main motion made by Mandic, seconded by Thomas, as amended, carried unanimously. PETER'S LANDING - UPDATE The City Administrator stated that the Director of Development Services would present Council with an update on the noise problem at Peter's Landing at this time. The Director of Development Services reported to Council on various steps he had taken in the restructuring the chronological events and actions regarding the use permits and approvals for the area of Peter's Landing by the Planning Commission, the Board of Zoning Adjustments and the Coastal Commission. He stated that a written report would be available by May 22nd regarding the matter. He stated that a noise study, after the various mitigating measures have been taken by the disco, would be conducted the week of May 24th. wWvl ! +st Page #12 - Council Minutes - 5/19/80 SUNSET BEACH WATER TOWER AGREEMENT - DEFERRED TO 6/2/80, The Clerk presented a communication from the Director of PUblic Works requesting approval of an agreement between the cities of Huntington Beach. and Seal Beach for the demolition of the Sunset Beach Water Tower and three adjoining wood frame struc- tures. The Director of Public Works recommended that Council approve the agreement and appropriate $7,500 for the City's share of demolition. Following discussion, a motion was made by Mandic, seconded by MacAllister to defer consideration of approval of an agreement between the cities of Huntington. Beach and Seal Beach for the demolition of the Sunset Beach Water and three adjoining wood frame structures. The motion carried by the following roll call vote: AYES: Thomas, Finley, Bailey, MacAllister, Kelly NOES: Mandic ABSENT: Pattinson RES NO 4876 - ADOPTED - CONVEYANCE OF REAL PROPERTY - L C SMULL - CITY The Clerk presented Resolution No. 4876 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING CONVEYANCE OF CERTAIN REAL PROPERTY TO THE RE- DEVELOPMENT AGENCY TO EFFECTUATE THE PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND L. C. SMULL." On motion by Mandic, second MacAllister, Council adopted Resolution No. 4876 by the following roll call vote: AYES: Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSENT: Pattinson ORD NO 2432 - ADOPTED - SPEED LIMIT ON GRAHAM STREET The Clerk presented Ordinance No. 2432 for adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 10.12.020 AND 10.12.040, CHANGING THE SPEED LIMIT ON GRAHAM STREET." On motion -by Mandic, Second MacAllister, Council directed the Clerk to give Ordinance No. 2432 a second reading by title and adopted same by the following roll call vote: AYES: Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSENT: Pattinson ORD NO 2433 - INTRODUCED - PUBLIC WORKS CONSTRUCTION CONTRACTS The Clerk introduced Ordinance No. 2433 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW SUBSECTION (f) TO SECTION 3.02.190 RELATING TO PUBLIC WORKS CONSTRUCTION CONTRACTS." On motion by MacAllister, second Bailey, Council directed the Clerk to give Ordinance No. 2433 a second reading by title and approved introduction of.same by the following roll call vote: AYES: Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSTAIN: Thomas f 3 ABSENT: Pattinson Page #13 - Council Minutes - 5/19/80 RECESS - HUNTINGTON BEACH REDEVELOPMENT AGENCY CONVENED Mayor Bailey called a recess of the Council. She then called the regular meeting of the Huntington Beach Redevelopment Agency to order. ROLL CALL Present: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly Absent: Pattinson MINUTES APPROVED The Clerk presented minutes of the regular meeting of April 16, 1979 for the Agency's consideration. Director Kelly abstained from consideration of the minutes as he was not a Director at that time. On motion by MacAllister, second Finley, the Redevelopment Agency approved the minutes of the regular meeting of April 16, 1979, as written and on file in the Office of the Clerk. Motion carried unanimously with Director Kelly abstaining. RES NO 21 - PROPERTY SALE - WARNER/GOLDENWEST PROJECT AREA - PUBLIC HEARING The Clerk presented Resolution No. 21 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING SALE OF CERTAIN REAL PROPERTY IN THE WARNER/GOLDENWEST PROTECT AREA FOR REDEVELOPMENT PURPOSES TO L. C. SMULL." Floyd Belsito, Chief Executive Officer, informed the Agency of the necessity to schedule a public hearing on this matter for June 2, 1980. On motion by MacAllister, second Finley, the Agency continued Resolution No. 21 to the meeting of June 2, 1980 at which time a public hearing on the matter is.schueduled. The motion carried by the following vote: AYES: Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSENT: Pattinson ANNUAL FINANCIAL & COMPLIANCE AUDIT -PEAT MARWICK MITCHELL & CO - APPROVED The Clerk presented a communication from the Finance Director regarding the need for an annual financial and compliance audit for the Redevelopment Agency. A On motion by Mandic, second Bailey, the Agency accepted the bid of Peat, Marwick,' Mitchell & Co. in the amount of $1500 to complete the audit immediately and approved and authorized execution of the Supplemental Agreement. The motion carried by the following vote: AYES: Finley, Bailey, MacAllister, Mandic, Kelly A NOES: Thomas k ABSENT: Pattinson an.1ni1DNMrWT The meeting of the Huntington Beach Redevelopment Agency was adjourned. l k Page #14 - Council Minutes - 5/19/80 RECONVENE COUNCIL Mayor Bailey reconvened the meeting of the City Council. PERMISSION TO BE ABSENT FROM COUNCIL MEETING GRANTED Councilman MacAllister reques"ed and was granted permission to be absent from the Council meeting of June 16, 1980. ADJOURNMENT The Mayor adjourned the regular meeting of the City Council to 7:30 P.M. Tuesday, May 27, 1980. ATTEST: Alicia M. Wentworth City Clerk BY.: 6rur�'L� Deputy City Clerk Alicia M. Wentworth City Clerk and ex-o fi c. o MR of the City Council of the City of Huntington Beach, California Of BY Deputy City Clerk IJ .