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HomeMy WebLinkAbout1986-07-14MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 14, 1986 Mayor/Chairman Mandic called the Special Meeting of the City Council/Redevel- opment Agency of the City of Huntington Beach to order at 7:30 P.M. ROLL CALL - COUNCIL/REDEVELOPMENT AGENCY Present: Kelly, Bailey, Mandic, Green, Thomas Absent: MacAllister, Finley The City Clerk/Clerk was. directed to read the Call for Special Meeting. CALL FOR SPECIAL MEETING OF CITY COUNCIL/REDEVELOPMENT AGENCY Robert P. Mandic, Mayor/Chairman Ruth Finley, Mayor/Chairman Pro Tem Ruth Bailey, Councilwoman/Director Peter Green, Councilman/Director Jack Kelly, Councilman/Director Don MacAllister, Councilman/Director John Thomas, Councilman/Director You are hereby notified that a Special Meeting of the City Council, the Rede- velopment Agency and the Board of Appeals. of the City of Huntington Beach, California, is called for the purpose of receiving information and providing policy direction on the implementation of the Seismic Ordinance (Ordinance No. 2362) on the downtown area and will hold a closed session on potential litiga- tion in Room B-S of the Civic Center, at the hour of 7:30 P.M., on Monday, July 14, 1986. Dated: July 11, 1986 /s/ Robert Mandic Jr. Mayor Chairman ATTEST: ALICIA M. WENTWORTH, CITY CLERK/CLERK /s/ Alicia M. Wentworth City Clerk/Clerk Page 2 - Council Minutes - July 14, 1986 I hereby certify that I received the above notice, "Call for Special Meeting of the City Council", prior to 7:30 P.M., on Sunday, July 13, 1986. /s/ Robert Mandic, Jr. JOINT MEETING OF THE CITY COUNCIL/REDEVELOPMENT AG9NCY AND BOARD OF APPEALS Mayor/Chairman Mandic announced that a joint meeting of the City Council/Rede- velopment Agency and the Board of Appeals had been called. ROLL CALL - BOARD OF APPEALS Present: Smith, Hartfelder, Peterson Absent: Geers, Steinbrugge ORDINANCE NO 2362 - SEISMIC ORDINANCE - ENFORCEMENT DELAYED TO 11/1/86 Mayor/Chairman Mandic stated that the purpose of the meeting was to give direction to the Board of Appeals regarding the enforcement of Ordinance No. 2362 the City's seismic safety ordinance. The City Attorney/Legal Advisor stated that she believed a Closed Session should be called to discuss the matter. The Mayor/Chairman stated that he believed that a meeting to discuss policy should be held in public. The City Attorney/Legal Advisor distributed an Inter -Departmental Communica- tion dated July 14, 1986 regarding "The Consequence of the Failure to Enforce City Codes; Threats of Litigation; Brown Act Defense and Indemnity of Public Employees and Officials; Inverse Condemnation". Discussion was held between Council/Agency and Don Hartfelder, Chairman of the Board of Appeals, regarding the role of the Board of Appeals, the impact of redevelopment of the area as reflected in the appeals coming before the Board requesting extensions of time to coincide with redevelopment of properties. The notification process was discussed. The City Administrator/Chief Executive Officer recapped the history of the earthquake ordinance pointing out that it was delayed until after certifica- tion of the Local Coastal Plan and that following certification the ordinance was distributed to everyone on the seismic list with a variety of response from owners of those buildings. It was further explained that, under redevel- opment some contractual agreements between property owners and developers would be effected to demolish and reconstruct buildings in a given area and this time schedule was not geared with the effective date of the ordinance. Dennis Krejci, Deputy Director of the Building Division of the Development Services Department, reviewed significant dates related to the seismic ordi- nance and its implementation. He stated that twenty percent of the buildings complied with the ordinance and eighty percent were appealing to the Board of Appeals. I Page 3 - Council Minutes - July 14, 1986 Discussion was held between Council/Agency and staff regarding possible alter- native actions. The City Attorney/Legal Advisor stated that Council/Agency/- Board/employee had legal immunity regarding actions taken to enforce or to not enforce ordinances. Following discussion, a motion was made by Bailey to set a policy to given direction to the Board of Appeals to enforce the ordinance equally. The motion died for lack of a second. A motion was made by Thomas, seconded by Green, to allow merchants to have one more summer season to not enforce Ordinance No. 2362 for all buildings in the downtown area until November 1, 1986 and to direct the Board of Appeals to continue consideration of plans submitted by owners of the buildings. It was clarified that the intent of the motion was to continue the May 10, 1986 dead- line of Ordinance No. 2362 to November 1, 1986. Following discussion, the motion carried by the following roll call vote: AYES: Kelly, Mandic, Green, Thomas NOES: Bailey ABSENT: MacAllister, Finley A motion was made by Thomas, seconded by Bailey, to direct staff to strictly enforce Ordinance No: 2362 after November 1, 1986 and that buildings were to be either demolished or repaired according to a timeline to be developed by the Director of Development Services. The motion carried by the following roll call vote: AYES: Kelly, Mandic, Bailey, Green, Thomas NOES: None ABSENT: MacAllister, Finley The City Attorney/Legal Advisor introduced Deputy City Attorney Ted Endres to the Board of Appeals. The Mayor/Chairman declared the Special Meeting of the City Council/Redevelop- ment Agency of the City of Huntington Beach adjourned. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City clerk Clerk Mayor Chairma CITY OF HUNTINGTON BEACH 2O00 MAIN STREET OFFICE OF THE CITY CLERK CALL FOR SPECIAL MEETING OF CITY COUNCIL/REDEVELOPMENT AGENCY Robert P. Mandic, Mayor/Chairman Ruth Finley, Mayor/Chairman Pro Tem Ruth Bailey, Councilwoman/Director Peter Green, Councilman/Director Jack Kelly, Councilman/Director Don MacAllister, Councilman/Director John Thomas, Councilman/Director CALIFORNIA 92648 You are hereby notified that a Special Meeting of the City Council, the Redevelopment Agency and the Board of Appeals of the City of Huntington Beach, California, is called for the purpose of receiving information and providing policy direction on the implementation of the Seismic Ordinance (Ordinance No. 2362) on the downtown area and will hold a closed session on potential litigation in Room B-8 of the Civic Center, at the hour of 7:30 P.M., on Monday, July 14, 1986. Dated: July 11, 1986 ATTEST: k- Mayor/Chairman ALICIA M. WENTWORTH, CITY CLERK/CLERK City Clerk Clerk I hereby certify that I received the above notice, "Call for Special Meeting of the City Council/Redevelopment Agency," prior to 7:30 P.M., on Sunday, July 13, 1986 Mayor Chairman iTelephune: 714-53"227i