The URL can be used to link to this page

Home My WebLink About1987-07-27MINUTES Council Chamber, City Hall Huntington Beach, California Monday, July 27, 1987 A tape recording.of this meeting is on file in the City Clerk's Office Mayor/Chairman Kelly called the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. COUNCIL/AGENCY ROLL CAM Presents Finlay, Kelly, Green, Bannister Winchell (arrived 6,p.m.), Fx skine (arrived 6:25 p.m.) Absents Mays RECESS AGENCY Chairman Kelly called a recess of the Redevelopment Agency. UPDATE ON BOLSA CHICK LEGISLATION - SENATE BILL 1517 (BXRGRSON) & PROPOSED The City Administrator referred to a communication dated July 24, 1987 from Rich Barnard, Assistant to the City Administrator and Jim Palin, Deputy City Administrator/Zoning Administrator, recommending proposed amendments to Senate Bill 1317 (Bergeson). Mr. Palm presented a staff report. Discussion was held regarding Section 509 which requires the district to main- tain the sand supply to the beaches if an ocean entrance is constructed. Mayor Kelly stated his concern regarding the 1% cap on assessments. Discussion was held regarding a letter to Senator Bergeson dated July 7, 1987 from the City Administrator and the attachment pertaining to the City's response to the suggested amendments. Mr. Barnard drew Council's attention to the last page which Deputy Attorney Sangster compiled - Substantive Amendments Which Are Objectionable to the City. Mr. Sangster clarified that the letter and attachments in question did not appear in the proposed amendments before Council for approval at this time and that they had been included in Council backup material for historical purposes. Discussion was held on Section 204 pertaining to the number of affirmative votes required to authorize financial commitments made by the district.. Discussion was held between Katherine Stone, Special Legal Counsel, and Coun- cil regarding various proposed amendments to the bill including the Mello -Roos amendment. Page 2 - Council Minutes - July 27, 1987 Discussion was hold between Council, staff and Mx. Behrns, representing Signal Landmark, regarding references to the Huntington Harbour connection channel plan. The City Attorney stated that the district cannot tax or impose fees on Huntington Harbour residents. By consensus, Council agreed to schedule on the August 3rd Council Agenda con- sideration of additional amendments to SB 1517 (Bergeson). Discussion was held between Council, staff and Ms. Stone regarding funding of the Huntington Harbour connection channel and regarding the Mello -Roos amend- menta A motion was made by Green, seconded by Erskine, to approve the following amendment for inclusion into SB 1517: 1. 'Page 14 Line 11 Section 149. Strike "on or before January 1, The motion carried by the following roll call vote: AYES: Winchall, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays A motion was made by Green, seconded by Erskine, to approve the following amendment for inclusion into SB 1517: 2. Page 26 Line 38 Section 304.5. No bonds, assessments, or obliga- tions which constitute liens, charges, or encumbrances on real pro- perty within the district may be incurred or imposed by the dis- trict, and no resolution of intention to issue bonds may be adopted, except upon the affirmative vote of four.(4) members of the Commis- sion. In the event the Commission is enlarged pursuant to Section 204, two public members must affirmatively vote for such financial: bonds, assessments, or obligations. The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENTS Mays A motion was made by Green, seconded by Erskine, to approve the following amendment for inclusion into SB 1517: 3. Page 35s Line 27 Section 509. After beaches added "within the lit- toral call from Anaheim Bay to Newport Bay".. The motion carried by the following roll call vote: AYES: Winchell, Finley, Erskina, Green, Bannister NOES Kelly ABSENTS Mays Page 3 - Council Minutes - July 27, 1987 A motion was made by Green, seconded by Erskine, to approve the following amendment for inclusion into SB 1517: 4. Page 35, Line 29, Section 509. After entrance omit "(.) and add "as "determined y the State =s Commission". The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays A motion was made by Green, seconded by Erskine, to approve the following amendment for inclusion into SB 1517: 5. Page 36, Line 24L.Section 605. Neither the district nor the city shall m se a water rate or water fee on the delivery, transmis- sion, or provision of unappropriated nonpotable water used in con- nection with the implementation of the wetlands restoration plan. Exce t for flood control gurposes, the district shall not restrict, Erect or term hate tFie flow o uonpotable water requ-Med for the restoration and for maintenance of the wetlands. Nonpotable water shall include, but not limited to, feasible runoff arising from the southern bluffs and the Wintersburg Flood Control Channel; and tidal waters. The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays A motion was made by Erskine, seconded by Green, to approve the following amendment for inclusion into SB 1517: 6. Page 35, Line 30, Section 509. After funding strike the word sourer .-.� The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays A motion was made by Erskine, seconded by Green, to approve the technical changes to SB 1517 which have been reviewed by City staff and.special counsel as described in Exhibit B dated July 24, 1987 headed STATE LANDS COMMISSION PROPOSED AMENDMENTS TO SENATE BILL 1517 AS AMENDED ON JUNE 9, 1987 (Exhibit B was attached to RCA dated July 24, 1987 from Richard Barnard and Jim Patin). The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays Page 4 - Council Minutes - July 27, 1987 STATUS REPORT ON DRAFT DEVELOPMENT AGREEMENT BETWEEN SIGNAL LANDMARK - COUNTY OF ORANGE & CITY OF HUNTINGT'ON BI&ACH Rich Barnard, Assistant to the City Administrator, informed Council they had been provided with copies of a communication dated July 27, 1987 regarding a Bolsa Chica Pre-Annexation/Development Agreement Update. Katherine Stone, Special Legal Counsel, reviewed the fundamental issues per- taining to the Development Agreement concerning the point at which annexation would occur, the allocation of fees and taxes between the City and County and the application of building standards. UPDATE ON EXPENDITURES FOR OUTSIDE COUNSEL RE CITY'S BOLSA CHICA EFFORTS Rich Barnard presented a staff report on expenditures for outside counsel per- taining to the Bolsa Chica. He stated a request for additional funding would be before Council probably at the August 17, 1987 meeting. In response to questions by Council, Mr. Barnard stated he would prepare a full budget on the item for Council review. RECESS - RECONVENE The Mayor called a recess of Council at 7:06 p.m. The meeting was reconvened in the Council Chamber at 7:15 p.m. PUBLIC HEARING - GENERAL PLAN LAND USE ELEMENT AMENDMENT 87-2{a) - APPROVED - R - . - AAFRMIM - RRSnTJTTTnw NA 5 - ARAPTER - 0TAARTI ER7riM i]RTUR The Mayor announced that this was the day and hour set for a public hearing continued open from July 20, 1987 to consider General Plan Land Use Element Amendment 87-2a initiated by the City of Huntington Beach to change the Gen- eral Plan land use designation on 2.7 acres of land located on the northeast corner of Gothard Street and Center Drive and owned by the Orange County Tran- sit District from Public, Quasi -public, Institutional to Mixed Development. The Mayor stated that Environmental Impact Report 87-2 had been prepared for General Plan Amendment 87-2a and would also be considered. Hal Simmons, Associate Planner, presented a staff report. The Deputy City Clerk presented Resolution No. 5795 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING LAND USE ELEMENT AMENDMENT TO THE GENERA. PLAN NO. 87-2a, CONCERNING REAL PROPERTY NEAR GOTHARD STREET AND CENTER AVENUE." There being no one present to speak on the matter and there being no protests filed, either oral.or written, the hearing was closed by the Mayor. Page 5 - Council Minutes - July 27, 1987 On motion by Erskine, second Green, Council approved Environmental Impact Report 87-2, Land Use Element Amendment 87-2(a) and adopted Resolution No. 5795 by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green NOES: None NOT VOTING: Bannister ABSENT: Mays PUBLIC HEARING - GENERAL PLAN LAND USE ELEMENT AMENDMENT 87-2(b) - APPROVED - 0 - REF=TXON NO 5796 - The Mayor announced that this was the day and hour set for a public hearing continued open from July 20, 1987 to consider General Plan Land Use Element Amendment 87-2b initiated by the City of Huntington Beach to change the Gen- eral Plan land use designation on 10.1 acres of land owned by the City of Huntington Beach from General Commercial to Open Space -Recreation. EIR 86-2 has been prepared for General Plan Amendment 87-2b and will also be considered by Council. Hal Simmons, Associate Planner, presented a staff report. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The Deputy City Clerk presented Resolution No. 5796 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING LAND USE ELEMENT AMENDMENT TO THE GENERAL PLAN N0. 87-2b, CONCERNING REAL PROPERTY NEAR ELLIS AVENUE AND GOLDENWEST STREET." Following discussion, a motion was made by Erskine, seconded by Green, to approve Environmental Impact Report 86-2, Land Use Element Amendment 87-2(b) and to adopt Resolution No. 5796. The motion carried by the following roll call vote: AYES: Winchell, Finley, Erskine, Green NOES: Kelly, Bannister ABSENT: Mays RESOLUTION NO 5792 - ADOPTED AS AMENDED - COMPENSATION OF CITY ATTORNEY - FY 7--88 The Deputy City Clerk presented a communication from the City Attorney trans- mitting Resolution No. 5792 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARY AND BENEFITS FOR POSITION OF ELECTED CITY ATTORNEY." A motion was made by Erskine, seconded by Bannister, to adopt Resolution No. 5792 with a 10% increase for the City Attorney. The motion failed by the following roll call vote: AYES: Erskine, Bannister NOES: Winchell, Finley, Kelly, Green ABSENT: Mays Page 6 -- Council Minutes - July 27, 1987 A motion was made by Winchell, seconded by Green, to adopt Resolution No. 5792 with a 5% pay increase for the City Attorney. The motion failed by the following roll calf. vote: AYES: Winchell, Finley, Green NOES: Kelly, Erskine, Bannister ABSENT: Mays A motion was made by Bannister, seconded by Green, to adopt Resolution No. 5792 with a 6 1/2Z salary increase for the City Attorney. The motion carried by the following roll call vote: AYES: Finley, Erskine, Green, Bannister NOES: Winchell, Kelly ABSENT: Bays RESOLUTION NO 5788 - COMPENSATION OF CITY TREASURER - FY 87-88 - DEFERRED TO LATEEL IN THE MEETING The Deputy City Clerk presented a communication from the City Treasurer Warren Hall transmitting Resolution No. 5788 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARY AND BE WITS FOR THE ELECTED DEPARTMENT HEAD POSITION OF CITY TREASURER." Councilman Bannister requested a breakdown of the salary for the position► of City Treasurer and for the position of Business License Manager. It was the consensus of Council to continue discussion of the issue of the compensation of the City Treasurer to later in the meeting. RESOLUTION NO 5790 - AUTHORIZING CONSULTING SERVICES BY WARREN G HALL - DRYMUM O LATER IN THE _M1ffDff_ The Deputy City Clerk presented a communication from Warren G. Hall, City Treasurer, transmitting, Resolution No. 5790 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH - RETENTION OF WARREN G. HALL AS "CITY TREASURER'S CONSULTANT" EFFECTIVE AUGUST 18, 1987." It was the consensus of Council to continue discussion of the issue of author- izing consulting services by Warren G. Hall to later in the meeting. Councilman Erskine left the room. CITY ATTORNEYS BUDGET - DEFERRED TO 8/3/87 Following discussion, a motion was made by Bannister, seconded by Finley, to defer consideration of the City Attorney's budget to August 3, 1987. The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Green, Bannister NOES: None ABSENT: Mays, Erskine (out of the room) Page 7 - Council Minutes - July 27, 1987 �1 Councilman Erskine returned to the room. MCT TO A CONDI-- The Deputy City Clerk presented Ordinance No. 2900 for Council considera- tion - "AT ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON DUCH ORDINANCE CODE BY AMENDING SECTION 9101 TO ALLOW TEMPORARY STORAGE YARDS SUBJECT TO A CONDITIONAL USE PERMIT APPROVAL." On motion by Green, second Kelly, Council adopted Ordinance 2900, after reading by title, by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine$ Green, Bannister NOES: None ABSENT: Mays ORDINANCE NO 2907 - ADOPTED - ANIMALS ON THE BEACH The Deputy City Clerk presented Ordinance No. 2907 for Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BUM MUNICIPAL CODE BY AMENDING SECTION 13.08.070 RELATING TO ANIMALS ON THE a&►Cx.� On motion by Green, second Bannister, Council adopted Ordinance No. 2907, after reading by title, by the following roll call vote: AYES= Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays 2908 - ADOPTED - . MULTIPLE FAMILY The Deputy City Clerk presented Ordinance No. 2908 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE MWINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9130.9 AND ADDING NEW SECTION 9130.9.10 OPEN SPACE REQUIREMENTS FOR MULTIPLE FAMILY DWELLINGS IN THE OLDTOWN AND TOWN- LOT AREAS." On motion by Green, second Erskine, Council adopted Ordinance No. 2908, after reading by title, by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays JAILERS AS SAFETY OFFICERS - NOTIONS FAILED - NO ACTION TAKEN The Deputy City Administrator/Administrative Services presented a staff report and recommended that the issue of changing the status of jailers to safety officers be discussed during a Closed Session of Council. Page 8 - Council Minutes - July 27, 1987 A motion was made by Bannister to direct staff to do whatever is necessary to change the status of detention officers to safety officers. The motion died for lack of a second. Following discussion, a motion was made by Bannister, seconded by Kelly, to deny the change of detention officers to safety officers. Zile motion carried by the following roll call vote: AYES: Finley, Green, Bannister NOESa Kelly, Erskine ABSTAIN: Winchell ABSENT: Maya The City Attorney advised Council they could be creating policy with their action. Ed Faunce stated that he had been assisting the Police Officers Association on behalf o the detention officers and nurses and that he believed the court would sustain the reclassification. The Mayor announced that the previous motion had carried and had not failed as had been earlier stated. Following comments by the City Administrator and the Chief of. Police, a motion was made by Finley, seconded by Kelly, to reconsider the previous motion to deny the change of detention officers to safety officers. The motion to reconsider carried by ithe following roll call vote: AYESa Winchell, Finley, Kelly, Erskine, Green NOBS: Bannister ABSENT: Mays Councilman Erskine left the room. LINE - HUNTINGTON HARBOUR BEACH & RACQUET CLUB - PUBLIC HEARING TO The Director of Public Works and the City Attorney presented a verbal report on the methods of establishing pierhead lines. Following discussion, a motion was made by Bannister, seconded by Winchell, to set a public hearing to consider establishing a pierhead line at the Hunting- ton Harbour Beach & Racquet Club at the time the tract map is considered by Council. The motion carried by the following roll call vote: AYES: Winchell, Finley, Green, Bannister NOES: Kelly ABSENT: Mays, Erskine (out of the room) Councilman Erskine returned to the room. Page 9 - Council Minutes - July 27, 1987 S=CTION PROCESS FOR RIVEWE NAWER - NOTION FAILED - NO ACTION TAKEN Councilman Bannister stated his concerns regarding the selection process for a. Revenue Manager. The City Attorney stated that if the City Treasurer resigns that within sixty days Council must appoint a City Treasurer or schedule an election. She stated that during the sixty days a Deputy Treasurer must carry on functions such as making deposits to the bank and writing checks. A motion was made by Bannister, seconded by Kelly, to approve the City Treas- urer choosing a Revenue Manager, with the appointment to be confirmed or denied by Council, and to require a two million dollar bond for the Revenue Manager. Following discussion, Mayor Kelly withdrew his second. The motion failed for lack of a second. Councilman Green left the room. INCRUSL IN RESIDENT BEACH PAUING PASSES - REFERRED TO STAFF - REPORT DUE Councilwoman Finley stated her concern regarding the GOI increase in resident beach parking passes. A motion was made by Finley, seconded by Bannister, to direct staff to review beach parking pass charges and to report to Council on August 179 1987. Dis- cussion was held between Council and Bill Fowler, Recreation and Human Ser- vices Superintendent. The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Bannister NOES1 None ABSENT: Mays, Green (out. of the room) Councilman Green returned to the room. Councilman Bannister left the room. E ANIMAL CON - Councilwoman Finley stated her concern regarding strengthening animal control ordinances pertaining to vicious dogs. A motion was made by Finley, seconded by Bannister, to send a letter request- ing the Orange County Board of Supervisors to consider strengthening animal control ordinances pertaining to vicious dogs. The motion carried by the fol- lowing roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green NOES: None ABSENT: Mays, Bannister (out of the room) Page 10 - Council Minutes - July 27, 1987 Councilman Bannister returned to the room. - ADOPTED - REOUESTING SORTS Councilwoman Finley stated her concern regarding the odors emanating from the Ascon Landfill. The Deputy City Clerk presented Resolution No. 5703 for Council considera- tion - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH R14MTING SCAQND TO TAKE ACTION TO ELIMINATE ODORS EMANATING FROM ASCON LANDFILL." On motion by Finley, second Winchell, Council adopted Resolution No. 5703 by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NODS: None ABSENT: days CONFIRMATION OF SEVEN MElH;Bt+tS TO THE HAZARDOUS MATERIALS ADVISORY CONMTTEE. Councilwoman Finley stated that additional members were being sought to serve on the Hazardous Materials Advisory Committee. She suggested the issuebe placed on the August 3rd Council Agenda under Councilman Mays 'name, with names of potential members listed. RECESS - RECONVENE The Mayor called a recess of Council at 8:45 p.m. The meeting was reconvened at 802 p.m. MOTION CRBATING REVENUE MANAGER CLASSIFICATION (TABLE OF ORGANIZATION) RECON- ie1% _ 1 7 n nL+ The City Administrator and the Deputy City Administrator/Administrative Ser- vices presented staff reports. Exteasive discussion was held between Council, staff and the City Attorney regarding the matter. A motion was made by Winchell, seconded by Erskine, to reconsider the motion made on July 20, 1987 by Kelly, seconded by Erskine, to approve a new position (full-time) in the City Treasurer's Table of Organization consistent with the duties as described in the prior RCA dated March 26,. 1987 with the title of Revenue Manager. The motion to reconsider carried by the following roll call vote: AYES: Winchell, Finley, Erskine, Green, Bannister NOES: Kelly ABSENT: Mays �� x Page 11 - Council Minutes - July 270 1987 A motion was made by Winchell, seconded by Finley, to continue consideration of creating a new position in the City Treasurer's Table of Organization to the time consideration is held on other pending issues involving the City Treasurer's Office. The motion carried by the following roll call vote: AYES1 Finley, Kelly, Erskine, Green, Bannister NOES i Novae ABSENTi- Maya Motion To Create Ad Hoc Committee Re Treasurer's Office - Failed A motion was made by Bannister to create a Council Ad Hoc Committee to consi- der the issues surrounding the City Treasurer's office. The motion died for lack of a second. REVIEW OF PREVIOUSLY APPROVED COUNCIL PROCEDURI FOR COUNCIL MEETING Discussion was held regarding adhering to the policy established at a previous Council meeting to consider no additional items after 11 p.m. The Mayor requested staff to review a method of tagging agenda items that were urgent. A motion was made by Erskine, seconded by Green, to refer consideration of the 11 p.m. deadline and designation of urgency items on the agenda to the Council Ad Hoc Committee and to request the committee to report back to Council. The motion carried by the following roll call vote: AYESs Winchell, Finlay, Kelly, Erskine, Green NOESs Bannister ABSENT: Mays AGENCY RECONVEW The Chairman reconvened the Redevelopment Agency. - MAN -PIER PHASE II - CHARLES RIVERS The Deputy City Administrator/Redevelopment presented a staff report on Main - Pier Phase II. Roger Torriero, partner in Griffin Realty, introduced Ken Munkacy, represent- ing Halcyon. Mr. Munkacy reviewed their conceptual site plan and development concept as well as a complete status report on their project efforts to date. Councilman Bannister left the room. Page 12 - Council Minutes - July 27, 1987 The Deputy City Clerk presented a communication from the Deputy City Admini- strator/Community Development transmitting a Reimbursement Agreement between the Redevelopment Agency and Huntington Pacifica Development Group for the design and preparation of construction documents for a parking structure to be located north of the pier. The Deputy City Administrator/Redevelopment presented a staff report. A motion was made by Green, seconded by Kelly, to approve and authorize execu- tion of said reimbursement agreement between the Huntington Beach Redevelop- ment Agency and Huntington Pacifica Development Group. The motion carried by the following roll call vote: AYES: Finley, Kelly, Erskine, Green NOES: Winchell ASSENT: Mays, Bannister (out of the room) Councilman Bannister returned to the room. DITUAM SZIZCTION FOR TOWN QAE BUD -AREA OF MATH -PIER REDEYELOPMM PRO- Aff MOLA DNVMPMENT The Deputy City Clerk presented a communication from the Deputy City Admini- strator/Community Development regarding the selection of a developer for Town Square Sub -Area of Main -Pier Redevelopment Project Area. The Deputy City Administrator/Redevelopment presented a staff report. Discussion was held regarding the selection of Mola Development for the Town Square project. Discussion was held regarding the conceptual. plans for Dis- trict 6. A motion was made by Erskine, seconded by Finley, to authorize staff to com- mence negotiations for preparation of a Disposition and Development Agreement between the Redevelopment Agency of the City of Huntington Beach and Mola Development Corporation for construction of a portion of the Town Square sub- area identified as Phase I, said documents to be completed within forty-five (45) days. The motion carried by the following roll call vote: AYES: Wiachell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays Page 13 - Council Minutes - July 27, 1987 ADJOURNMENT - COi1NCIUREDEVE#..OPMBir11T AGENCY The Mayor/Chairman adjourned the adjourned regular meeting of the City Council to 6 p.m., Monday, August 3, 1987 and adjourned the adjourned regular meeting of the Redevelopment Agency of the City of Huntington Beach. ATTEST: Alicia M. Wentworth City C er C er BY eputy City C er Deputy JZerk LI Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California