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Home My WebLink About1980-06-23MINUTES Civic Center Huntington Beach, California Monday, June 23, 1980 7:30 P.M. - Room B-7-8 A tape recording of this meeting -is on file in the City Clerk's Office Mayor Bailey 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: Pattinson, Finley, Bailey, MacAllister Mandic (7:40 P.M.) Absent: Thomas, Kelly MAYOR'S COMMENTS Mayor Bailey opened the meeting with a few comments, relative to the 1980-81 budget. OVERVIEW - CITY ADMINISTRATOR City Administrator F. G. Belsito gave an overview of the format for the budget adoption meeting, outlining the matters to be covered and acted upon, including the adoption of the budget. UTILITY TAX CREDIT - CONTINUED TO 7/8/80 The City Administrator requested Council consideration on the possible utility tax credit to seniors presented previously by Councilwoman Finley. He requested that the age of 62 or 65 be set, along with a minimum income. He further informed Council that it was the preliminary opinion of.the legal department that the consti- tutionality of the utility tax credit was valid. Discussion was held on the costs of implementing such a porgram. Councilman Pattinson and MacAllister stated that they had not seen a written legal opinion on the matter, and would rather take action at a later date. Councilwoman Finley stated that she preferred not tabling the matter, but would defer to a time certain. The City Attorney, Gail Hutton, informed Council that precedent had been set by other cities now giving the utility tax credit, to which Councilman Pattinson responded, "but not challenged." A motion by MacAllister to set the matter for a regular meeting night, providing the City Attorney concurs with a formal opinion, died for lack of a second. The City Administrator explained that approval now would only be a direction for appropriate documents to be prepared for action at a later date. On motion by Mandic, second MacATlister, Council continued the utility tax credit matter to July 8, 1980, and directed staff to study and report on the federal program now in effect, the number of seniors affected, costs of implementation, and obtain a legal opinion from the City Attorney. The motion carried unanimously. 111 Page #2 - Council Minutes - 6/23/80 ORDINANCES INTRODUCED - FEES On motion by MacAllister, second Mandic, Council directed the Clerk to read Ordinance Nos. 2440, 2441 and 2442 by title and approved same by unanimous vote. ORDINANCE NO 2440 - INTRODUCED - ANNUAL PERMITS - METERED ZONE PARKING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10.68.120 RELATIVE TO FEES FOR ANNUAL PERMITS TO PARK IN METERED ZONES." ORDINANCE N0 2441 - INTRODUCED - ADMINISTRATIVE FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING CERTAIN SECTIONS PERTAINING TO ADMINISTRATIVE FEES." L/ ORDINANCE NO 2442 - INTRODUCED- PUBLIC WORKS DEPARTMENT FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING, THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 10.32.060, 12.12.060, 12.12.110, AND 12.16.010; AND AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9906, ALL PERTAINING TO FEES CHARGED BY THE PUBLIC WORKS DEPARTMENT." CONSENT CALENDAR - RESOLUTIONS APPROVED On motion by MacAllister, second Mandic, the following consent calendar resolutions were approved as recommended by the following roll call vote: AYES: Pattinson, Finley, Bailey; MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly RESOLUTION NO 4883 - ADOPTED - LIBRARY MEDIA SERVICES FEES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A SCHEDULE OF FEES FOR THE'USE OF LIBRARY MEDIA SERVICES." RESOLUTION NO 4884 - ADOPTED - RECREATIONAL ACTIVITIES FEES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PARTICIPATION IN RECREATIONAL ACTIVITIES." RESOLUTION NO 4885 - ADOPTED - MUNICIPAL OFF-STREET PARKING FACILITY FEES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PARKING FEES IN THE MUNICIPAL OFF-STREET FACILITY." RESOLUTION NO 4886 - ADOPTED - BEACH OVERNIGHT CAMPING FACILITY FEES & PROCEDURES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEE PROCEDURE AND FEES REGARDING BEACH OVERNIGHT CAMPING FACILITY." RESOLUTION NO 4887 - ADOPTED - PARKING ANNUAL PERMITS - METERED ZONES (EFF 7/8/80) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE COST OF ANNUAL PERMITS FOR PARKING IN METERED ZONES." Page #3 - Council Minutes - 6/23/80 RESOLUTION NO 4888 - ADOPTED - TENTATIVE FINAL AND PARCEL MAPS - PROCESSING FEES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PROCESSING TENTATIVE, FINAL AND PARCEL MAPS." RESOLUTION NO-4889 - ADOPTED - GPA - CA - PPSA - PROCESSING FEES - PROCEDURE FOR UBLIC NOTICE ON AMENDMENTS TO LAND USE ELEMENT OF GENERAL PLAN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A FEE SCHEDULE FOR PROCESSING GENERAL PLAN AMENDMENTS, CODE AMENDMENTS AND PRECISE PLANS OF STREET ALIGNMENT, AND ESTABLISHING A PROCEDURE FOR PROVIDING PUBLIC NOTICE ON AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN." RESOLUTION NO 4890 - ADOPTED - FEES FOR APPLICATIONS - HBOC (EFF 8/7/80 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PROCESSING APPLICATIONS PURSUANT TO THE HUNTINGTON BEACH ORDINANCE CODE TO DEFRAY ADMINISTRATIVE COSTS." RESOLUTION NO 4891 - ADOPTED - BUILDING AND CONSTRUCTION SERVICES FEES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEE SCHEDULES FOR BUILDING AND CONSTRUCTION SERVICES." RESOLUTION NO 4892 - ADOPTED - R/W PLAN CHECK FEES - DPW "A RESOLUTION OF THE CITY COUNCIL,OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PUBLIC WORKS DEPARTMENT CHECK OF PLANS FOR PUBLIC RIGHTS -OF -WAY IMPROVE- MENT REQUIRED OF DEVELOPERS." RESOLUTION N0 4893 - ADOPTED - DPW SERVICES FEES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING FEES FOR SERVICES PERFORMED BY THE DEPARTMENT OF PUBLIC WORKS." BUDGET REAPPROPRIATIONS FROM PRIOR YEAR — APPROVED The City Administrator presented reappropriations from various 1.979-80 budget accounts to the 1980-81 Budget, and recommended that Council approve same. On motion by Pattinson,.second MacAllister, Council approved the reappropriation from the General Fund in the amount of $1,000. Motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly On motion by MacAllister, second Pattinson, Council approved the reappropriation from the Gas Tax Fund in the amount of $200,000. Motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly 3 Page #4 - Council Minutes - 6/23/80 On motion by Pattinson, second Mandic, Council approved the reappropri-ation from the Water Utility Fund in the amount of $590,000. Motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly On motion by Pattinson, second MacAllister, Council approved the reappropriation from the Capital Outlay Fund i-n the amount of $129,250. Motion carried by the following roll.call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly PUBLIC COMMENTS Alice Bowes, City, addressed the Council regarding any action Council may have taken regarding SB 958, which is in Committee in Sacramento, and urged their support. She -stated that the Banning Annex was now without a copy machine, as the one being used had been removed. She submitted a petition with 123 signatures, requesting a copy machine. Charlene Bauer, City, addressed the Council and requested that the Newland House be inc u e 'in the 1980-81 Budget. She specified needs for the planting of a garden that could now be done. Mrs. Bauer requested the aid of the City in the tools, equipment and manpower to accomplish the work. Prev.iously earmarked funds could not be used as archeological-s-tudies in the area were still being done at the time of funding from Revenue Sharing. She stated that plants could be donated by the Huntington Memorial Library. The Mayor concurred that the work should be done by the City. Glen Davison, City, addressed Council on behalf of all seniors regarding the Utility y tax exemption for seniors, and objected to the method of eligibility for the exemption, stating that it was humiliating to .have to prove their income once they have reached the age for exemption. Jack Green, City, former Mayor of Huntington Beach, addressed Council as a represent- ative of RAG (Southern California -Association of Governments), and urged Council's support in again joining the state organization to help build stronger Orange County representation in SCAG. Mike Rod ers_, City, addressed Council and expressed his disappointment with the lack of positive action -on the utility tax exemption for senior citizens. Theresa Reynolds., City, addressed Council on behalf of the Historical Society and urged Council consideration of funding for the Newland House, as past City and Federal Funds could not be used due to problems. Max Bowman, Deputy Director from Aukland, New Zealand, Waitemata, New Zealand. of Community Services, introduced his guest, Roy Houghton neighboring city to Huntington Beach's sister city Page #5 - Council Minutes - 6/23/80 ADMINISTRATIVE REVISIONS TO THE PRELIMINARY 1980-81 BUDGET On motion by Pattinson, second MacAllister, Council approved the account changes from Non -Departmental to establish proper cost centers and promote effective manage- ment, by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly On motion by Pattinson, second MacAllister, Council approved the recommended -re- vision to establish an account in Non -Departmental for the purpose of funding employee settlements, thereby increasing the General Fund by $1,000,000 by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly On motion by Pattinson,. second Mandic, Council approved the recommended revision for the purchase of additional MWD water, thus avoiding a new pump tax and penalties, by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly On motion by Pattinson, second MacAllister, Council approved the recommended re- vision to the Capital Outlay Fund for the purchase of a new vehicle in the amount of $7,800 for the Senior Outreach Program, by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly On motion by Pattinson, second MacAllister, Council approved the recommended re- vision establishing a Contingency Fund for the purpose of supporting services to. the public in the event of insufficient revenue and other sources, with said funds to be transferred from the General Fund, thereby increasing the City Budget by $1,790,000. The motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly Following discussion, a motion was made by Pattinson, seconded by Mandic, approving the recommended revision by cancelling the $7,50o order for a heat resurfacer for the Public Works Department and appropriating $20,000 in Capital Outlay for the purchase of a Layton asphalt paver. The motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly Page #6 - Council Minutes - 6/23/80 On motion by MacAllister, second Pattinson, Council approved the recommended vision and increased the appropriation in the Gas Tax Fund and the interfund transfer to reflect the most recent revenue estimate, by the following roll vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly COUNCIL COMMENTS re- call Councilwoman Finleycommented on the Newland House and stated that she felt that Federal funding within the park system, should be available, and that the City should request such funding. Councilman MacAllister suggested that Revenue Sharing funds be used for the capital improvements at the Newland House. REVENUE SHARING APPROVED - NEWLAND HOUSE CAPITAL IMPROVEMENTS On motion by Finley, second MacAllister, Council authorized an expenditure from Revenue Sharing of an amount not to exceed $20,000 for the gardens and yard at the Newland House. Motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly Councilwoman Finleyinformed Charlene Bauer and Theresa Reynolds that she was impressed with the information and the detail in their request to Council for aid. SCAG Councilwoman Finley stated that she was in favor of improved regional cooperation with SCAG. Councilman Pattinson stated that he would rather wait until SCAG is more active in Orange County. Jack Green again addressed Council and informed them that there is currently an office located in the City of Fountain Valley, and he again expressed his concern with the cities who dropped out of SCAG. Mayor Bailey commented on the need for Council to study the organizations which the City has dropped out of in the past, with the possibility of rejoining certain ones. Councilman MacAllister.requested staff to report on the copy machine problem at the Banning Library Annex. Edna Jean T e, addressed Council and commented on her interest in geneology and stated tat untington Central Library had the best geneology reference library in the area. Page #7 - Council Minutes - 6/23/80 POLLYEA SERVICES - DEFERRED TO 7/8/80 The City Administrator stated that pursuant to Council direction, responsibility for all legal activities had been consolidated in the City Attorney's Office and the City Attorney was of the opinion that her office will be able to administer and/or perform all legal activities for the City in FY 1980/81. He further stated that the $35,000 in Non -Departmental for contractual legal services could be used for Mr. Pollyea's services on contracts and leases. Councilwoman Finley commented on her concerns, stating that the funding for the leases Mr. Pollyea has been working on are near depletion, and stated that she would like to see his tasks clarified for the future. The City Attorney stated that Council hired Mr. Pollyea for financial and business matters and he is currently a client of the City Attorney's Office as a special consultant. She informed Council that the Attorney's Office can handle all legal_ matters and that other business matters may be opted to Mr. Pollyea if desired. Councilman MacAllister commented that Mr. Pollyea was an expert in his field, and he felt that his expertise was needed for real property contracts and leases. Councilwoman Bailey stated that she felt that all legal matters should be within the legal department, and expressed her concern over contract amounts that have been exceeded. Councilman Mandic stated that he felt that major projects need to be completed, but future projects should be limited. Councilwoman Finley expressed concern that the program with Charles Pollyea is being handled loosely. On motion by Finley, second Mandic, Council continued the matter to 6:30 P.M. on Tuesday, July 8, 1980, to meet with Mr. Pollyea, Mr. Moorhouse, Mr. Belsito and City Attorney Hutton, to discuss Pollyea's responsibilities. The motion carried by the following vote: AYES: Pattinson, Finley, Bailey, Mandic NOES: MacAllister ABSENT: Thomas, Kelly CHARTER INTERPRETATION REQUESTED CITY ATTORNEY'S RESPONSIBILITIES Councilman Mandic referred to Section 309 of the City Charter relating to the responsibilities of the City Attorney. The City Attorney read a portion of Section 304 of the City Charter and gave her interpretation of same. Councilman Mandic disagreed with Mrs. Hutton's interpretation and suggested requesting further interpretation from the League of California Cities. On motion by Mandic, second MacAllister, Council directed staff to request an opinion by the California League of Cities legal department, relating to the powers of the City Council and the City Attorney, as stated in the City Charter. Motion carried unanimously. 117 Page #8 - Council Minutes - 6/23/80 The City Attorney commented that such an opinion would only be advisory. RES NO 4894 - ADOPTED - FY-1980-81 BUDGET AS REVISED On motion by Pattinson, second MacAllister, Council adopted Resolution No. 4894 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR 1980-81." - as revised. The motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic NOES: None ABSENT: Thomas, Kelly Councilman Pattinson complimented both Council and staff for their efforts in pre- paring the budget. Mayor Bailey read her budget statement for the record. SUNSET BEACH WATER TOWER SALE OF PROPERTY JOINTLY W/SEAL BEACH The City Administrator presented the matter regarding the Sunset Beach Water Tower which was deferred until the City of Seal Beach took action on a joint agreement to demolish the tower. He informed Council that the matter was on the agenda before the Seal Beach City Council for action this evening. He explained the disadvantage to the City of Huntington Beach, as the parcels are of such a size that it would be advantageous only to sell both parcels to the same purchaser. Following discussion, a motion was made by Pattinson, seconded by MacAllister, to oppose the contemplated sale by the City of Seal Beach of the water tower property, and to go on record to jointly sell both parcels of property at fair market value. The motion carried by the following vote: AYES: Pattinson, MacAllister, Mandic NOES: Finley, Bailey ABSENT: Thomas, Kelly Mr. George Armstrong addressed the Council to make the position of the City of Seal Beach clear. He stated his opinion on the restoration of the water tower and his intention to restore the tower, replacing the tank. A resident of Sunset Beach addressed Council and commented on the value to the community of Sunset Beach of retaining the Sunset Beach Water Tower. CONDOMINIUM CONVERSION ORDINANCE - COMMITTEE APPOINTED On motion by MacAllister, second Finley, Council, by unanimous vote, appointed the following persons to a new "Condominium Conversion Ordinance Committee:" Stan Sabin Marcus Porter Fran Andrade Richard Harlow Dwain Liggett Ruth Finley L� iq Page #9 - Council Minutes - 6/23/80 EXECUTIVE SESSION CALLED Mayor Bailey called an Executive Session of the City Council at 10:00 to discuss labor negotiations. RECESS - RECONVENE The meeting was recessed by the Mayor at 10:00 P.M. The Mayor reconvened the meeting at 11:20 P.M. bn.InIIRNMPNT On motion by Pattinson, second Finley, Council adjourned the adjourned regular meeting to Saturday, June 28., 1980, at 9:00 A.M. at the Huntington Central Library parking lot, for the purpose of touring the Huntington Central Park facilities. Motion carried unanimously. For the record, the Mayor stated that should there not be a quorum on 6/28/80, the regular meeting of 7/7/80 will be adjourned by the City Clerk to an adjourned regular meeting at 6:30 P.M. on Tuesday, 7/8/80. ATTEST: 1 y er City Clerk and ex-officio C er of the City Council of the City of Huntington Beach, California