HomeMy WebLinkAbout1986-12-01MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, December 1 „ 1986
A tape recording of this meeting is
on .File in the City Clerk's Office
Mayor Mandic called the regular meeting of the City Council of the City of
Huntington Beach to order at 7:30 P.M.
PLEDGE OF ALLEGIANCE AND INVOCATION
The Flag Ceremony was conducted by V.F.W. Post No. 7368 and the Lady's Auxil-
iary of Huntington Beach - Subject; Voice of Democracy. Post Commander -
Leonard W. Valentine, a Korean War veteran, Bugler - Fred Hummer, World War I
vet- eran, 87 years old. The Pledge of Allegiance was led by Leonard �W.
Valentine. The Invocation was given by Chaplain - Bill Smith, World War � I
veteran.
ROLL CALL
Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas
Absent: None
PROCLAMATION - FIRST WEEK OF DECEMBER - VOICE OF DEMOCRACY WEEK
Mayor Mandic presented a proclamation designating the first Week of December -
Voice of Democracy Week to John Curry, District II Commander for the V.F.W.
and Past Commander Leonard W. Valentine.
HB/FV BOARD OF REALTORS - CHRISTMAS CANTRBE
Kirk Kirkland, President of the Huntington Beach/Fountain Valley Board of
Realtors, announced the Christmas CanTree project and informed everyone that.
done- tions of canned goods could be left at any Fire Station in Huntington
Beach.
JOINT MEETING OF THE CITY COUNCIL AND RBDEVELOPMMT AGENCY
Mayor Mandic announced that a joint meeting of the City Council and the Rede-
velopment Agency had been called.
REDBVSLOPMM AGENCY ROLL CALL
Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas
Absent: Bone
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Page 2 - Council Minutes - 12/l/86
CITY COUNCIL/REDEVELOPMFNT AGENCY MINUTES
On motion. by Kelly, second MacAllister, Council/Agency unanimously approved
the minutes of the regular meetings of November 3, 1986 and November 17, 1986
as written and on file in the Office of the City Clerk.
RECESS AGENCY UNTIL LATER IN THE MEETING
Mayor Mandic recessed the Redevelopment Agency to later in the meeting.
RESOLUTION NO. 5729 - ADOPTED - GENERAL MUNICIPAL ELECTION - NOVEMBER 4 1986
PTVTVATTnM nr r..ANVAcc Ali? RT.Rf''1'Tf]N �cv i?F1:TCTReR nR V[1'1'RRS
The City Clerk presented Resolution No. 5729 for Council consideration - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECITING THE
FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 1986, DECLARING THE
RESULT AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF THE CHARTER."
On motion by Green, second Bailey, Council adopted Resolution No. 5729 by the
following roll call vote.
AYF.,S: Kelly, Ma(Allister, Finley, Mandic, Bailey, Green, Thomas
NOES: None
ABSENT: None
MAYOR'S STATEMENT
Mayor Mandic expressed his appreciation to Council, staff and his family for
their support and reviewed the accomplishments of Council over the past eight
years.
OUTGOING PRESENTATIONS
Mayor Mandic presented gifts to the outgoing councilmembers and thanked them
for their support.
OATS OF OFFICE TO NEWLY ELECTED COUNCIL)MMERS/CITY ATTORNEY
The City Clerk administered the Oath of Office to the newly elected officers
as follows: Wes Bannister, Councilman; John Erskine, Councilman; Tom Mays,
Councilman; Grace Winchell, Councilwoman and Gail Hutton,. City Attorney.
RECESS - RECONVENE
The Mayor called a recess of Council at 8:30 P.M. The meeting was reconvened
at 8:45 P.M.
1 19
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Page 3 - Council Minutes - 1211/86
ROLL CALL
Present: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
Absent: None
ELECTION OF MAYOR KEL.Y
The City Clerk declared the office of Mayor vacant.
Councilman Mays nominated Councilman Kelly for the office of Mayor. Coun-
cilwoman Finley nominated Councilman Green for the office. of Mayor.
Mayor Kelly was elected by the following roll call vote:
AYES: Mays, Kelly, Erskine, Bannister
NOES: Winchell, Finley, Green
ABSENT: None
ELECTION OF MAYOR PRO TEMPORE ERSKINE
Mayor Kelly nominated Councilman Erskine for the office of Mayor Pro Tempore.
Councilwoman Finley nominated Councilman Green for the office of Mayor Pro
Tempore.
Mayor Pro Tempore Erskine was elected by the following roll call vote:
AYES: Mays, Kelly, Erskine, Bannister
NOES: Winchell, Finley, Green
ABSENT: None
PRESENTATIONS AND STATEMENTS
The newly elected councilmembers and re-elected City Attorney expressed their
appreciation to their families and supporters.
Mayor Kelly presented a gift to former Mayor Mandic in appreciation of his
service in the office of Mayor in 1982 and 1986 and for his service on the
City Council for two terms.
RECESS - RECONVENE
The Mayor called a recess of Council at 9:10 P.M. The meeting was reconvened
at 9:25 P.M. for reorganization of seating.
COMMENTS BY NEWLY ELECTED MAYOR KELLY
Mayor Kelly expressed his appreciation for being elected Mayor and urged citi-
zens to watch Channel 6 to keep informed regarding city government.
0 .
Page 4 - Council Minutes - 12/1/86
PUBLIC HEARING - APPEAL TO PC APPROVAL OF CONDITIONAL USE PERMIT 86-50 -
APPROVED - DONALD SLAVEN
The Mayor announced that this was the day and hour set for a public hearing
continued open from No-zenber 17, 1986 to :onsider an appeal filed by Donald
Slaven to the Planning Commission's approval of Conditional Use Permit 86-50,
an application by Summerhill Development Company and the Hunting�on Beach
Redevelopment Agency for a 161 unit planned residential development with
request for special permit located on the e/s of Lake Street between Atlanta
Avenue and Pecan Avenue in the Oldtown Specific Plan District 2 - Coastal Zone
and Downtown Specific Plan District 6.
The Director of Development Services presented a staff report.
Discussion was held between Council and staff regarding the density of the
project.
Robert Wells, representing the Summerhill Development Company, stated that the
project had been approved by the Planning Commission with approximately 36
conditions. He stated he had met with concerned homeowners and believed that
the major issue was parking which he believed had been mitigated.
Donald Slavers, appellant, read into the record a letter dated November 14,
176 opposing the Summerhill project.
Marl Rose Skolyan, Richard Peterson, John Pratto and Doug Skeen_ spoke in oppo-
sition to the project.
Mel Beckman stated his concern over who would pay for the relocation of utili-
ties as he had been informed by the Edison Company that the cost may exceed
j1,000,000.
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing was closed by the
Mayor.
A motion was made by Bannister, seconded by Mays, to sustain the Planning Com-
mission decision and approve Conditional Use Permit 86-50, with conditions of
approval and based on findings set forth in the November 17, 1986 Recommended
Council Action with the additional condition that the developer address the
noise and air quality questions in the owner participation agreement. The
motion carried by the following roll call vote;
Following discussion, Councilman Bannister amended the motion to delete Condi-
tion 1-h. "Fully mechanically -ventilated, subterranean garage with maximum
projection at midpoint of 18 inches above grade; or, submit a plan prepared by
a mechanical engineer and air quality consultant which would mitigate poten-
tial noise and air quality concerns of the adjacent residential area. This
plan shall be subject to the review and approval of the Planning Commission.
A public hearing shall be set and abutting property owners shall be notified
of such hearing."
In response to questions by the Mayor, Robert Wells stated they had a consul-
20 tant prepare a report which has been submitted to the City and it is their
understanding that it would be presented to the Planning Commission as origi-
•rally proposed. He stated they had no problem complying with condition 1-h.
Page 5 - Council Minutes - 12/1/86
Councilman Bannister amended the motion to retain Condition 1-h.
Discussion was held regarding the method of calculation used by staff in
determining the amount of density for the project.
The motion made by Bannister, seconded by Mays, carried by the following roll
call vote:
AYES: Mays, Finley, Kelly, Erskine, Bannister
NOES: Winchell, Green
ABSENT: None
REDEVELOPMENT AGENCY RECONVENED
Chairman Kelly reconvened the Redevelopment Agency.
AGENCY ROLL CALL
Present: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
Absent: None
PUBLIC COMHENTS RELATING TO CITY/REDEVELOPMENT ITEMS
Kaye MacLeod stated that the Citizens Committee on Redevelopment supported the
Summerhill Project. She also commended the outgoing Councilmembers for their
dedicated efforts on behalf of the City.
Doug Lan evin stated that he was a downtown property owner and had never been
invited to attend the Citizens Advisory Committee meetings. He stated he
wanted to be better informed regarding redevelopment matters in the downtown
area. He was referred to the City Clerk for follow-up.
JOINT PUBLIC HEARING BETWEEN CITY COUNCIL/REDEVELOPMENT AGENCY - OWNER
PARTICIPATION AGRMM BETWEEN REDEVELOPMENT AGENCY & SUMERKIU DEVELOPMENT
CO
The Mayor announced that this was the day and hour set for a public hearing
continued open from November 17, 1986 to consider and act upon an Owner Parti-
cipation Agreement between the Redevelopment Agency of the City of Huntington
Beach and Summerhill Development Company. The Agreement provides for the
development of 159 residential units along the east side of Lake Street, north
of Atlanta, within the Main -Pier Redevelopment Project. Descriptions of the
sites can be found in the Agreement.
The proposed projects are covered by a final Environmental Impact Report for
the Main -Pier Redevelopment Project Area and the Downtown Specific Plan for
which a Notice of Preparation was filed.
Copies of the Owner Participation Agreement and the Environmental Impact
Report are on file for public inspection and copying for the cost of duplica-
tion at the Office of the City Clerk. City of Huntington Beach, 2000 Main
202
Page 6 - Council Minutes - 12/1/86
Street, Huntington Beach, California, between the hours of 8:00 A.M. and 5:00
P.M., Monday thru Friday, exclusive of holidays.
A motion was made by Finley, seconder! by Mays, to continue the public hearing
open to December 15, 1986 to allow developer and staff sufficient time to
Incorporate additional items into the Agreement by the following roll call
vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
READVERTISIMENT - APPROVED - TALBERT-BEACH INDUSTRIAL PARCEL SALE
The Cit Clerk/Cleric presented a communication from the Deputy City Admini-
strator Redevelopment transmitting Request for Proposals/ Bids for the sale
of the Talbert -Beach Industrial Parcel - (approximately five acres located on
the south aide of Talbert Avenue, west of Beach Boulevard in the M1-A District.
A motion was made by Finley, seconded by Mays, to approve the Request for Pro-
posal/Bids and authorize its advertisement for the disposition of the Agency -
owned five acre industrial parcel in the Talbert -Beach Redevelopment. Project
Area. The motion carried by the following roll call vote:
AYhS: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
ANNUAL REPORT OF HUNTINGTON BEACH REDEVELOPMENT AGENCY - FY 1985-86 -
RECEIVED AND FILED - COPIES TO BE DISTRIBUTED TO CALIFORNIA DEPT OF HOUSING
The City Clerk/Clerk presented a communication from the Deputy City Admini-
strator/Redevelopment of the Huntington Beach Redevelopment Agency 1985-86
Annual Report to be forwarded to the State of California Department of housing
and Community Development.
The City Administrator informed Council that they had been provided with a new
report with corrected information.
A motion was made by Finley, seconded by Erskine, to receive and file said
report and direct staff to forward copies of the Annual Report and Audit to
the California Department of Housing and Community Development in accordance
with provisions of the Health & Safety Code. The motion carried by the fol-
lowing roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
Councilwoman Winchell requested that the inhouse and outside legal expenses be
203 shown separately.
Page 7 - Council Minutes - 12/1/86
ADJOURNMENT
The Chairman adjourned the regular meeting of the Redevelopment Agency.
PUBLIC COMMENTS
Bob Bolen and Dean Albright spoke in opposition to limiting public input at
Council meetings.
Chauncey Alexander urged Council to retain the Ad Hoc Flood Control Committee
and urged Council to act rapidly on the Talbert Channel ocean outlet reloca-
tion. He spoke'in opposition to limiting public input at Council meetings.
CONSENT CALENDAR - (ITEMS REMOVED)
Councilwoman Winchell requested that Resolution No. 5730 pertaining to the
California Parklands Grant funds be removed from the Consent Calendar for
separate consideration. She requested that the item pertaining to renovation
of the heating/ventilation/air conditioning system of the Main Street library
be considered separately. The City Administrator requested that the item per-
taining to the bid award for Phase 1 of McCallen Park be removed from the
Agenda.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Erskine, second Mays, Council approved the following items, as
recommended, by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
AMENDMENT TO MOBILE VIDEO PROJECT REVENUE SHARING AGREEMENT - COUNTY OF
ORANGE - Approved and authorized execution of an Amendment to Agreement
between the City and County to extend the Revenue Sharing Agreement for the
mobile audio-visual communication links for an additional year to September
30, 1987.
FINAL TRACT MAP 12524 - POR OF TT 11417 - SUBDIVISION AGREEMENT - MANSION
PROPERTIES - Approved Final Tract Map 12524, being all of Tentative Tract
11417, pursuant to the mandatory findings set forth in S. 5645E and S. 66474
of the Government Code, accepted offer of dedication and improvement subject
to completion of requirements stipulated, on property located on the south
side of Clay Avenue between Huntington and Main Streets; examined and certi-
fied by the Director of Public Works and the Secretary to the Planning Commis-
sion as being substantially in accordance with the tentative map as filed
with, amended and approved by the Planning Commission. Acreage: 2.790;
Lots: one, Developer: Mansion Properties, Incorporated, Huntington Beach,
adopted map subject to stipulations as follows: Deposit of fees for water,
sewer, drainage, engineering and inspections; Certificate of Insurance; Subdi-
vision Agreement; drainage for the subdivision shall be approved by the
Department of Public Works prior to the recordation of the final map; and fur-
,204
Page 8 - Council Minutes - 12/1/86
then accepted Monument Bond No. 7130503 and Park and Recreation Fees Faithful
Performance Bond No. 7130482 and approved and authorized execution of the Sub-
division Agreement and further instructed the City Clerk that she shall not
affix her signature to the map nor release such map for preliminary processing
by the County or for recordation until the aforementioned conditions have been
met.
MOLA DEVELOPMENT CORP - TRACT 11870 - NOTICE OF COMPLETION - Accepted
improvements dedicated for public use in Tract 11870 and authorized release of
the Faithful Performance Bond and the Monument Bond on property located on the
south side Adams, east of Beach Boulevard and instructed the City Clerk to
notify the developer and the City Treasurer to notify the bonding company.
BLUFF TOP PARK - PHASE III - PLANS & SPECIFICATIONS - CALL FOR BIDS - CC-693
- Approved plans and specifications and authorized call for bids for the con-
struction of a bluff top vista point and access stairway at 20th Street and
Pacific Coast Highway and approved Negative Declaration No. 86-46 assessing
the environmental effects.
HEIL AVENUE
FLOOD CONTROL IMPROVEMENTS
- PHASE I - PLANS &
SPECIFICATIONS/-
= FOR BIDS
CC- - Approved pans and specifications or
t e improvement
to the Heil
Avenue Channel and Drainage
System and directed
staff to solicit
bids for construction of Phase I.
WARNER/LOS
PATOS STORM DRAIN - PLANS
& SPECIFICATIONS/CALL
FOR BIDS - ND
84-45 - Approved plans and specifications for the construction of the
Warner/Los Patos Storm Drain; and authorized the City Clerk to advertise for
bids; approved Negative Declaration 84-46 assessing the environmental effects;
added said project to the 1986 Capital Improvement Program and appropriated
and approved the transfer of $341,000 from the unappropriated drainage fund
balance (Account M301) into an expenditure account (826760) to be established
for said project.
REQUEST - ORANGE COUNTY AHFP - STREET IMPROVEMENT PROJECT - GRAHAM/BUSHARD/-
EDWARDS/ADAMS/GOLDENWEST - Adopted the following resolutions requesting that
the County of Orange include certain streets in the 1987-88 FY Arterial High-
way Financing Program:
RESOLUTION NO 5731 - ADOPTED - AHFP - SUSHARD BTWN BANNING/HAMILTON - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE
COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE
IMPROVEMENT OF BUSHARD STREET BETWEEN BANNING AND HAMILTON AVENUES"
RESOLUTION NO 573.2 - ADOPTED - AHFP - EDWARDS STREET BTWN THE CO-5 FLOOD CON-
TROL CHANNEL/HEIL AVENUE - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTER-
IAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF EDWARDS STREET BETWEEN THE
CO-5 FLOOD CONTROL CHANNEL AND HEIL AVENUE."
RESOLUTION NO 5733 - ADOPTED - AHFP - GRAHAM BTWN McFADDEN/BOLSA - A RESOLU-
G THE COUNTY
Page 9 - Council Minutes - 12/1/86
OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM[ THE
IMPROVEMENT OF GRAHAM STREET BETWEEN McFADDEN AND BOLSA AVENUES."
RESOLUTION NO 5734 - ADOPTED - AHFP - GOLDENWEST BTWN WARNER/McFADDEN - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE
COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE
IMPROVEMENT OF GOLDENWEST STREET BETWEEN WARNER AND McFADDEN AVENUES."
RESOLUTION NO 5735 - ADOPTED - AHFP - ADAMS - BTWN BEACH BLVD/NEWLAND - "A
SOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE
COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE
IMPROVEMENT OF ADAMS AVENUE BETWEEN BEACH BOULEVARD AND NEWLAND STREET."
ORANGE COUNTY AHFP - STREET IMPROVEMENT PROJECT INCREASE REQUEST - SPRINGDALE
STMT BTWN WARNER & HEIL AVENUES - CC-6 6:
RESOLUTION NO 5736 - ADOPTED - AHFP - SPRINGDALE STREET BETWEEN WARNER AVENUE
AND HEIL - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
REQUEFTMG THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION FROM THE ARTERIAL
HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF SPRINGDALE STREET BETWMN
WARNER AVENUE AND HEIL AVENUE."; approved and authorized execution of Arter-
ial Highway Financing Program Project Administration Agreement #1174 between
the City and County; approved plans and specifications for said project and
subsequent to County approval of Resolution No. 5736 and AHFP Agreement, and
authorized the Department of Public Works to solicit construction bids.
PECK RESERVOIR RENOVATION - CC-696 - SEISMIC STRUCTURAL ANALYSIS - Approved
the expenditure of 18,200 for the seismic structural analysis and continue the
renovation of the Peck Reservoir Facility as previously authorized.
RESOLUTION NO 5730 - APPLICATION FOR CALIFORNIA PARKLANDS ACT OF 1986 (PROPO-
SITION 43)GRANT FUNDS
The City Clerk presented Resolution No. 5730 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 1986 FOR
HUNTINGTON CENTRAL, PARK DEVELOPMENT."
In response to a question by Councilwoman Winchell, the Director of Community
Services stated that the grant funds could be used for park acquisition or
park development.
On motion by Finley, second Mays, Council adopted Resolution No. 5730 by the
following roll call vote:
YES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
0ES: None
SENT: None
Page 10 - Council Minutes - 12/1/86
REJECT BID - RENOVATION OF HEATING/VENTILATION/AIR CONDITIONING SYSTEM - MAIN
STREET LIBRARY - MSC-248
The City Clerk presented a communication from Director of Public Works regard-
ing renovation of the heating/ventilation/air conditioning system at the Main
Street Library.
Discussion was held between Council and staff regarding the need for air con-
ditioning at the Main Street Library.
On motion by Finley, second Erskine, Council rejected the bid for the renova-
tion of heating; ventilation, and air conditioning system at the Main Street
Library as submitted by Air Conditioning Systems Inc., and directed the City
Clerk to return bid bond; authorized extra work on an hourly basis by the con-
sultant engineer to modify the plans and specifications, as necessary to sig-
nificantly reduce the project costs, including deletion of the air condition-
ing portion of the work by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
The Director of Public Works stated that a report would be prepared for Coun-
cil with the recommended alternative regarding the matter.
BID AWARD - REMOVED FROM AGENDA AT REQUEST OF CITY ADMINISTRATOR - MARCUS
McCALLF.N PARK - PHASE I - CAL -EX ENGINEERING CO - CC-544 & ND 86-62
By consensus of Council, the item pertaining to the bid award for Phase I of
McCallen Park was removed from the Agenda at the request of the City Admini-
strator.
TALBERT CHANNEL OCEAN OUTLET RELOCATION
The City Administrator presented a staff report regarding the Talbert Channel
ocean outlet relocation.
Following discussion, a motion was made by Green, seconded by Finley, to adopt
a resolution requesting that the Army Corps of Engineers design the ocean
entrance of the Talbert Channel that is referred to as the F-2 Alternative.
Discussion was held between Council and staff regarding possible beach erosion
caused by cutting a new ocean entrance; the Least Tern relocation project; the
ownership of property where the ocean channel is planned; and the sewer out -
fall. Discussion was held regarding the merit of holding a study session on
the issue.
Councilman Green withdrew his motion.
A motion was made by Finley, seconded by Green, to hold a Study Session on the
Talbert Channel ocean outlet relocation on January 5, 1987. The motion car-
ried by the following roll call vote:
207
Page 11 - Council Minutes - 12/1/86
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
PUBLIC FACILITIES CORPORATION EXCESS FUNDS - TO BE TURNED OVER TO CITY AND
R O
The City Clerk presented a communication from the Assistant to the City Admin-
istrator regarding discussion by the Public Facilities Corporation of a plan
to fund up to $100,000 for a consultant study to conduct a feasibility assess-
ment of the central library and proposed expansion of the children's wing and
parking facilities.
The City Administrator presented a staff report.
A motion was made by Mays, seconded by Green, to request the Public Facilities
Corporation to release all excess funds to the City and that a list of pro-
jects be prepared and returned to Council December 15, 1986.
Discussion was held regarding using the money for library needs. Discussion
was held between Council and the City Attorney regarding the possibility of a
citizen bringing a case on arbitrage against the city.
Councilman Mays amended the motion to request the Public Facilities
Corporation to release all excess funds to the City and to direct staff to
conduct an in-house study of library needs.
A motion was made by Winchell, seconded by Bannister, to amend the main motion
to include that the funds be identified as reserved for the library pending a
study of library needs. The amendment carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Erskine, Green, Bannister
NOES: Kelly
ABSENT: None
The amended motion made by Mays, seconded by Green, to request the Public
Facilities Corporation to release all excess funds to the City, to direct
staff to conduct an in-house study of library needs and to identify the funds
as reserved for the library, pending the study of library needs, carried by
the following roll call vote:
AYES: Winchell, Mays, Finley, Erskine, Green, Bannister
NOES: Kelly
ABSENT: None
ORDINANCES ADOPTED
On motion by Kelly, seconded by Finley, Council adopted Ordinance Nos. 2886,
2855, 2881 and 2889 by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
208
Page 12 -- Council Minutes - 12/1/86
ORDINANCE NO 2886 - ADOPTED "SENIOR CITIZENS -EXEMPTION"
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 3.36.280 ENTITLED "SENIOR CITIZENS -EXEMP-
TION."
ORDINANCE NO 2855 - ADOPTED - OVERSIZE VEHICLE PARKING
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 10.44.060, BY NUMBERING THE EXCEPTIONS
THERETO AS SECTION 10.44.065, AND AMENDING SECTION 10.44.070, ALL RELATING TO
OVERSIZE VEHICLE PARKING."
ORDINANCE NO 2881 - ADOPTED - FLEET OPERATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY DELETING SUBSECTION (d) OF SECTION 10.32.060 AND AMENDING
SECTIONS 10.32.030 AND 10.32.080 BY DELETING ALL REFERENCES TO FLEET OPERA-
TIONS."
ORDINANCE NO 2889 - ADOPTED - DAY CARE USE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9630 AND ADD THERETO NEW SECTIONS 9634 AND
9635 RELATED TO DAY CARE USE."
ORDINANCE NO. 2888 - ADOPTED - "COASTAL CONSERVATION DISTRICT"
The City Clerk presented Ordinance No. 2888 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 942, "COASTAL CON-
SERVATION DISTR,ICT," TO INCLUDE THE SUFFIX -CC. -
On motion by Kelly, second Finley, Council adopted Ordinance No. 2888, after
reading by title, by the following roil call vote:
AYES: Winchell, Mays, Finley, Erskine, Green
NOES: Kelly, Bannister
ABSENT: None
A C MARION PROPERTY - REMOVED FROM TABLE - PUBLIC HEARING TO BE RESCHEDULED -
GOLDENWEST ELLIS - GPA 6- ZC 86- 1
On motion by Bannister, second Kelly, Council removed the issue of the A. C.
Marion property, located at Goldenwest Street and Ellis Avenue, General Plan
Amendment 86-3 and Zone Change 86-21 from the table, by the following roll
call vote:
+� AYES: Mays, Kelly, Erskine, Green, Bannister
1?014 NOES: Winchell, Finley
ABSENT: None
Page 13 - Council Minutes - 12/1/86
A motion was made by Bannister, seconded by Erskine, to hear the appeal filed
by A. C. Marion to the Planning Commission's denial of his request for General
Plan Amendment 86-3 and Zone Change 86-21 which was scheduled to be heard
October 6, 1986.
UIHcussion was kield betweeci Council, staff and Ron Pattinson, representing
A. C. Marion, regarding previous action on the issue.
The motion made by Bannister, seconded by Erskine, carried by the following
roll call vote:
AYES: Mays, Kelly, Erskine, Bannister
NOES: Winchell, Finley, Green
ABSENT: None
LIMITATION OF PUBLIC INPUT AT COUNCIL MEETINGS TO 30 MINUTES PW ISSUE - AD
HOC COMMITTEE FORMED TO STUDY ISSUE
A motion was made by Bannister, to limit public input time during Council
meetings to a total of thirty minutes (fifteen pro, fifteen con) on those
issues that have public input, subject to change by the majority vote of Coun-
cil. The motion died for lack of a second.
Following rltsvus8ioii, by eonsenaus of Council, an ad hoc committee wag formed
to study the issue of limiting public input time at Council meetings and to
review ways to streamline the meetings. Councilman Erskine agreed to act as
chairman of the ad hoc committee; Councilmembers Finley and Bannister agreed
to serve on the committee. It was requested that the City Administrator and
City'Attorney be represented at the meetings.
STAFF TO CONTACT NEWSPAPERS RE AD FOR AGENDA
A motion was made by Bannister, seconded by Mays, to direct staff to contact
three or four local newspapers to obtain a bid for a quarter page ad of the
Council agenda to be published on the Monday morning of a Council meeting.
Following discussion the motion was withdrawn and the recently formed ad hoc
committee was requested to review the idea of the advertisement.
LIMITING SPEAKING TIME TO THREE MINUTES
It was the consensus of Council to request the recently formed ad hoc commit-
tee formed to streamline Council meetings to review the proposal, tendered by
Councilman Bannister, to keep speaking time to three minutes per person with
no allowance for others to donate time to the speaker.
COUNCIL TO BREAK EVERY TWO HOUR'S DURING MEETINGS
A motion was made by Bannister, seconded by Finley, to take a break not less
than every two hours during Council meetings. The motion carried
unanimously. In response to an inquiry, the City Administrator stated staff
was reviewing the possibility of the snack bar staying open during Council
meetings.
210
Pa"p,e _14 : - - Council Ainutss.
RXSlGNATIONFROM 4TH 4F JiILY , F. PUTIVE.; J OARD ,- :A=EE1Fb BAWASTFA
Cauvic.f ;accopt -d the remLgnstSon cof..-iG0uncJJAan;iB8'=is r irow, tku: 4tb of .duly
Executive;'Boant by consensus.
APPOINTMENT' APPROVED - 4TH'OF JULY EXECUTIVE BOARD.- MacALLISTER
On motion by Bannister, second Finley, Council: unanimously,. appointed,..D-A,
MacAllister to the 4th of July Executive Board.
BANNISTER APPOINTED AS LIAISON TO 4TH OF JULY EXECUTIVE BOARD
On motion by Kelly, second Erskine, Council unanimously appointed Councilman
Bannister as Council liaison to the 4th of July Executive Board.
COUNCIL AGENDA TO BE PUBLISHED ON CABLE TELEVISION
By consensus of Council staff was directed to advertise the City Council
agenda by topic matter on cable television, Channel 6.
INFORMATION RE VESTED ON PROJECT AREA COMMITTEE (PAC)
Councilwoman Finley reminded staff that she had requested information: on the
Project Area Committee for redevelopment. The City Administrator stated that
a report, including new legislation, would be presented to Council at their
December 15, 1986 meeting.
REQUEST _FOR _COPY OF BROWN ACT
Councilman Mays requested the City Attorney to provide him with a copy of the
Brown Act in its entirety.
MAYORS COMMITTEE
Mayor Kelly stated that he would send a letter to Council explaining the
Mayor's Committee which will consist of former Mayor Pro Tem Finley, present
Mayor Pro Tem Erskine and Mayor Kelly.
LEAGUE OF CALIFORNIA CITIES SE)[INAR FOR NEW MAYORS AND COUNCILMEMBERS
Mayor Kelly recommended that councilmembers attend the League of California
Cities seminar for new Mayors and councilmembers.
OATH OF OFFICE - PIAN'NING-COMMISSIONERS
,The City Clerk reminded Council that newly appointed Planning Commissioners
must take the oath of office before attending the Planning Commission meeting
scheduled December 2, 1986.
Page 15 - Council Minutes - 12/1186
MOTION TO REFUND FEE TO DOWNTOWN MBSCH"TS GUILD - TABLED
Councilman Mays stated that he received a letter from the Downtown Merchants
Guild regarding fees paid to the City in connection with the Street Fair. He
stated that $805 of the fees were paid to the Police Department.
A motion was mde by Mays, seconded by Bannister, to refund $1055 to the
Merchants Guild for fees paid in connection with the Street Fair.
Discussion was held between Council and staff regarding precedent for waiving
of fees and what legal provisions were in existence to waive fees.
A motion was made by Winchell, seconded by Bannister, to table the motion to
refund $1055 to the Merchants Guild for fees paid in connection with the
Street Fair and to request a report from the City Attorney and the Director of
Community Services regarding the matter. The motion carried by the following
roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
VAGRANT PROBLEM IN CITY - DISCUSSED
Discussion was held between Council and staff regarding the vagrant problem in
Huntington Beach. The Chief of Police stated that the state had preempted the
Police Department's jurisdiction.
PARKING STRUCTURE NORTH OF PIER
Councilman. Mays urged that the parking structure to be located north of the
pier be started as soon as possible.
COUSTEAU FACILITY
Councilman Mays inquired into the status of the Cousteau Center. He stated he
believed the project should go forward as soon as possible.
DAY CASE CENTERS DISCUSSED
Councilman Mays urged that day care centers be given priority in the future.
He suggested that the City work with industry to provide private day care cen-
ters. The City Administrator stated that Dr. Peters, the new Superintendent
of Schools, was interested in this issue and suggested that empty schools be
utilized for this purpose..
FLOOD CONTROL AD HOC COMMITTEE RETAINED
On motion by Mays, second Green, Council directed that the Ad Hoc Committee on
Flood Control keep functioning by the following roll call vote:
Page 16 - Council Minutes - 12/1/86
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
PUBLIC HEARING INFORMATION SHEET REQUESTED
Councilwoman Winchell requested that Council be provided with a brief Informa-
tion sheet regarding scheduled public hearings at the time notification is
sent to the newspaper, approximately ten days before the meetings.
COUNCIL MEETINGS TO BEGIN AT 7:00 P.M.
Following discussion, a motion was made by Winchell, seconded by Finley, to
schedule Council meetings at 7:00 P.M. The motion carried by the following
roll call vote:.
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green
NOES: None
ABSTAIN: Bannister
ABSENT: None
Later in the meeting by consensus, the City Attorney was directed to draft a
resolution establishing that Council meetings would begin at 7:00 P.M.
STAFF DIRECTED TO ESTABLISH SCOPE OF STUDY OF LIBRARY NEEDS
A motion was made by Winchell, seconded by Bannister, to direct staff to esta-
blish the scope of the study of future library needs, in consultation with
Community Services, Library staff, Library Board aad the Public Facilities
Corporation, and to report their recommendations to Council. The motion car-
ried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
TOUR OF FLOOD CONTROL FACILITIES - 12/2/86
The City Administrator polled Council to determine how many members would be
on the tour of the flood control facilities on December 2, 1986
SANITATION DISTRICT APPOINTMENTS - TO BE DETERMINED BY MAYOR
The City .Clerk informed Council that the Sanitation Districts were anxious to
be informed of the new appointments to their Boards No. 11 and No. 3.
It was the consensus of Council that the Mayor be authorized to make the deci-
sion on the appointments to the Sanitation Districts.
213
Page 17 - Council Minutes - 12I1I86
ADJOURNMENT
Mayor Kelly adjourned the regular meeting of the City Council of the City of
Huntington Beach.
City Clerk and ei-officio Clerk
of the City Council of the City
ATTEST: of tington B ch California
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