HomeMy WebLinkAbout1987-10-19 (7)�E8
Council Chamber, City Hall
Huntington Beach, California
Monday, October 19, 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
of the City of Huntington Beach to order at 500 p.m.
ROLL CALL
Present: Mays, Finley, Kelly, Green, Bannister
Winchell (arrived at 6 p.m.)
Absent: Erskine
CLOSED SESSION
Mayor Kelly called a Closed Session of Council to meet with its designated
representatives regarding labor relations matters pursuant to Government Code
Section 54957.6.
RICISS - RECONVENE
The Mayor called a recess of Council at 500 p.m. The meeting was reconvened
at 6:15 p.m.
CLO88D SESSION
Deputy City Attorney Folger brought to the Council's attention that there was
a need to take action on a matter which had arisen subsequent to the posting
of the agenda. The matter concerned the Driftwood Mobilehome Park. The Coun-
cil voted unanimously to add the matter to the Closed Session Agenda pursuant
to Government Code Section 54956.8.
A motion was made by Kelly, seconded by Green, to make a determination that
the need to take action on the issue of holding a Closed Session regarding
Huntington Driftwood Mobilehome Park arose subsequent to the agenda being
posted as specified in Government Code Section 54954.2. The motion carried by
the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Green, Bannister
N0E3: None
ABSENT: Erskine
Page 2 - Council/Agency Minutes - 10/19/87
Chairman Kelly called a Closed Session of the Redevelopment Agency pursuant to
Government Code Section 54957 regarding - Main Pier Phase I (Huntington
Pacifica I and Piereide Development; Main Pier Phase II (Main Pacifica
Property Owners - A Partnership; Townequare Phase I Project (Mole Development;
Inc and Robert J. Koury) - all within the Main -Pier Redevelopment Project Area
as Amended; Instructions to Negotiate for the Purchase of Land From Southern
Pacific Transportation Company for the Proposed Gothard:Hoover Street Align-
ment Within the Huntington Center Redevelopment Project Area. The Chairman
called a Closed Session of the Redevelopment Agency pursuant to Government
Code Section 54958 to consider the Driftwood Mobilehome Park.
RECESS - RECONVENE
The Mayor called a recess of Council at 6:15 p.m. The meeting was reconvened
at 7 p.m.
ADJOURNMM - COUNCIL/RWEV8LOPMENT AGENCY
The Mayor/Chairman adjourned the regular meeting of the City Council and the
regular meeting of the Redevelopment Agency of the City of Huntington Beach.
ATTEST:
Alicia M. Wentworth
City Clark/Clerk
Deputy City Clerk/Deputy QJerk
Alicia M. Wentworth
Clerk of the Re eve opment Agency
and City Clerx and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
BY -Zl4t4" )
Deputy City ark Deputy CArk
Mayor .0 airman
1
1.1
M MES
CITY COUNCILABDEVELOPMENT AGENCY
Council Chamber, City'Rall
Huntington Beach, California
Monday, October 19, 1987
Mayor/Chairman Kelly called the regular meeting of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 7 p.m.
COUNCIL/AGENCY ROLL CALL
Present: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
Absent: None
PLEDGE OF ALLEGIANCE AND INVOCATION
The Flag Ceremony was conducted by Girl Scout Brownie Troop 1935, Peggy
McIntosh, Leader. The Pledge of Allegiance was led by Riley McIntosh and
Natalie Varner. The Invocation was givtn by Jenny Barcelona.
APPOINTM NT OF DON WATSON TO POSITION OF CITY TREASUM
The Mayor
announced the appointment
of I:on Watson
to the position of City
Treasurer
and introduced him to the
audience and
staff members.
PUBLIC COMMENTS
Barbara Milkovich stated that she believed there should be a strong city
policy to preserve historic buildings.
Dan Moss, James Rush, Nancy Zelezaikar, dial MacDonald, Donald Shipley,
MargueriD te aven2ort, Diane Croxey Adams, Dorothy Boesch, avid Jenkins, LYE
Scott, Doreen Baumann, Virginia Alleman and Helen Lotocky urged Council to use
t e million dog ars in Public Facilities Corporation funds for the Central
Library, particularly the proposed Children's Wing.
Gerald Corle described the need for expansion of the genealogy section of the
Library and requested their group be considered when expansion of the Library
takes place.
Micheal Ali, Natalie Kotsch, David Crowder, David Sklaroff, Steven Ruse, Harry
Sherman, Louis Hun gate, Frank, Pappano and Ro ert Smith spoke in support of the
Adel Zeidan appeal regarding Use Permit 86- 4 and Conditional Exception 87-1.
Harold Ewell, Kenneth Golden, Paul Columi)ue and Sam.Zappia spoke in opposition
to the Adel Zeidan appeal regarding Use 'ermit 86-94 and Conditional Exception
87-1
r7 7 x-
Page 2 - Council/Agency Minutes r- 10/19/67
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Finley, second Green, Council/Agency approved the following
items, with Councilman Erskine abstaining from voting on the minutes, as
recommended, by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
(City Council/Redevelopment) - MINUTES - Approved and adopted minutes of the
adjourned regular meeting of September 28, 1987, as corrected; regular meeting
of October 5, 1987 as corrected; and adjourned regular meeting of October 8,
1987, as written and on file in the Office of the City Clerk.
(Citz Council) - TELEMETRY/WATER FLOOD CONTROL FACILITIES - NOTICE OF
MMFIMIUN/TRANSFER OF VMS ,. Accepted improvements on the installation of a
telemetry control system for the City's water and flood control facilities
completed by BIF Accutel, Inc., for an amount of $256,799, authorized the City
Clerk to file the Notice of Completion and further authorized the Finance
Director to transfer $22,203 from Fiscal Account 921-639 to Project Account
922-659.
(Citz Council) - PARK SYSTEM! APPRAISAL UPDATE - REQUEST FOR PROPOSALS -
Directed staff to prepare a Request for Proposal to have the park system
appraisal updated by a qualified land appraiser for the purpose of evaluating
current park dedication fees.
(Citz Council) - BID AWARD - BLAIR PAVING INC - RESURFACING OF BOLSA AVENUE
BETWEEN SPRINGDALE & EDWARDS - CC-7 - ENCUMBRANCE OF FUNDS - Accepted the
low bid of Blair Paving, Inc. in the amount of $276,522 for the resurfacing
and reconstruction of Bolsa Avenue between Springdale and Edwards Streets,
approved and authorized execution of the standard contractor agreement and
authorized the Finance Director to encumber $6,000 for anticipated project
"incidentals", hold bid bonds on the lowest three bidders until execution of
contract and filing of bonds, rejected all other bids and directed the City
Clerk to notify the unsuccessful bidders and return their bid bonds. The bids
were as follows:
Blair Paving, Incorporated $ 276,522*
Sully -Miller 314,999
Excel Paving Company 333,990
*Blair Paving indicated that a mistake was made in their bid.
(Cit Council) - DREDGING OF HUNTINGTON iiARBOUR - APPROVAL OF COUNTY PLANTS &
SPECIFICATIONS & ADVERTISEMENT FOR BIDS - Approved plans and specifications
prepared by the County of Orange for the. dredging of Huntington Harbour and
authorized the County of Orange to adver ise for bids.
(City Council) - NWdLAND/WARNER RAIL TOP BOX CULVERT - CC-622 - NOTICE OF
z.;. COMPLETION ADDITIONAL FUNDING - Accepted work on the construction of a rail
top box culvert at Newland Street and Wainer Avenue completed by Blair Paving,
Page 3 - Council/Agency Minutes - 10/19/87
Inc., in the amount of $93,620.62, directed the City Clerk to file the Notice
of Completion and approved additional funding for the project totaling
$3,299.83.
(City Council) - PARCEL MAP 87-236 - ROBERT BISHOP - Approved final parcel
map, accepted the offer of de icatioa pursuant to the mandatory findings set
forth by the Board of Zoning Adjustments on property located on the east side
of 12th Street, north of Pecan Avenue and instructed the City Clerk to execute
same and to release to the county for processing.
(Redevelopment Agency) - MAIM -PIER PROJECT AREA COMMITTEE RESIGNATION - OLETA
- Accepted the resignation of ta Kiewatt with regret and directed
ttie preparation of an appropriate letter of appreciation.
(CItz Council) - PARCEL MAP 87-273 - RON SAFREN - Approved final parcel map,
accepted the offer oF U31cation pursuant to t e mandatory findings set forth
by the Board of Zoning Adjustments on property located on the west side of
llth Street, north of Pecan Avenue, and instructed the City Cleric to execute
same and to release to the county for processing.
(CiCouncil) - CHRISTEVE CORP - NEWLAND STRUT STORK DRAM (PHASE I) -
- ENCUMBRANCE F VMS - Accepted the low bid of C r Steve Corporation
!Fig; e amount of 9246,303 for the construction of the Newland Street Storm
Drain (Phase I), authorised execution of the standard contractor agreement and
further authorized the Finance Director to encumber $10,000 for anticipated
project "incidentals", hold bid bonds on the lowest three bidders until
execution of contract and filing of bonds, rejected all other bids and
directed the City Cleric to notify the ur.,successful bidders and return their
bid bonds. The bids were as follows:
Christeve Corporation $246,303
Drainage Construction 288,366
Savala Construction Co., Inc. 359,881
Peter C. David Co. 365,818
(City Council) - ASCON LANDFILL - COMMENTS TO DEPARTMENT OF HEALTH SERVICES
ON CONSENT ORDER - Approved the Draft Letter Exhibit 1 to the Department of
Health Services which outlines the City's comments and concerns regarding the
Consent Order which is a negotiated cleanup agreement between the Department
of Health Services and Ascon Properties, Inc., to ensure that any release or
threatened release of hazardous substances or hazardous waste to the air,
$oil, surface water and ground water fron the landfill are thoroughly
investigated and appropriate "remedial" ;abatement) measures are taken.
(Cites Council)_- AGREEMENT BETWEEN CITY .,LND DEAN & DONNA KOCI- DEFERRAL OF
REgUI QED STREET IMPROVEMENTS & SET ASIDE LETTER - 7762 SPUR AVENUE
Approved and authorizedauthorIzed execution of the Agreement etween the City and Dean &
Donna Koci for acceptance of deposit in A eu of Satisfaction of Conditions of
Development at 7762 Speer Avenue, accept:d Letter of Credit #098-289013-6 and
directed the City. Treasurer to file said Letter of Credit.
Page 4 - Council/Agency Minutes - 10/19/87
COMPENSATION -
11 nr s w
compensation to Redevelopment Agency meabers of--$30 per meeting for each
meeting attended (maximum of four meetit.gs per month) pursuant to Health &
Safety Code Sections 33114 & 33114.5, as well as actual and necessary expenses
incurred in the discharge of their duties and approved and authorized
execution of First Amendment to the Cooperation Agreement between the. City and
the Redevelopment Agency.
(Ra►ieyelo meat and) - RESOLUTION NO 147 - ADOPTED - MEETING TIMES FOR
UMMOPNENT AGENCY - --A RESOLUTIM OP THE REDEVMOPMENT =CY OF THE CITY
OF KMINGTON FIXING THE TIME OF REGULAR AGENCY MEETINGS," - (adds
fourth Monday of each month as a regular meeting date)
- BOLSA CHICA STREET PAVEMENT REPAIR - CC-652 - ASPHALT
[IVKWI.AY - ININN'I'Klil:l' l[IN 6 1.A NIl!il:AY1N[: [IV NI[Il1AN1% - N[PI"1 C1S CAW I:l7WP1.ISTIUN -
Accepted improvements on the construction of street improvements and the
landscaping of medians on Bolsa Chica Street between Edinger Avenue and Rancho
Road completed by McGrew Construction Company for a contract cost of
$668,924.35 and authorized the City Clerk to file the Notice of Completion.
(Citz Council) - LIBRARY SERVICES & CONSTRUCTION ACT GRANT FOR MAJOR URBAN
KISOURCRS LIBRARIES - Approveg t e acceptance of State grant funds in t e
amount of 913,199 and authorized appropriation of said amount from the
unappropriated fund balance for the purpose of science and genealogy.library
material.
- BID AWARD - BRUCE PAVING COMPANY - HANDICAP ACCESS RAMPS AT
Bruce Paving Company in the amount of $80,029 for the construction of handicap
access ramps at City Parks and various locations city-wide, authorized the
Mayor and City Clerk to execute the appropriate contract, hold bid bonds on
the lowest three bidders until execution of contract and filing of bonds,
rejected all other bids and directed the City Clerk to notify the unsuccessful
bidders and return their bid bonds. The bids were as follows:
Bruce Paving Company $80,029
Joseph Kovac 107,176
Continental Piping & Construction 109,400
City Council) - PUBLIC FACILITIES CORPORATION EXCESS FUNDS - EXCESS FUNDS TO
The Deputy City Clerk presented a communication from the Deputy City
Administrator/Administrative Services retarding discussions between the City
and the Public Facilities Corporation retarding excess funds held by the
Public Facilities Corporation over and a!)ove the amount required by bond
indentures and allowed by IRS rulings.
The Interim City Administrator presented a verbal staff report and an
additional recommendation that after the excess funds are returned to the city
they be put on hold until, the library stiLdy is completed.
1
yyyy.
Page 5 -- Council/Agency Minutes - 10/19/87
Discussion was held between Council and Assistant City Attorney Amsbary
regarding arbitrage as it pertains to the Public facilities Corporation funds.
Following considerable discussion, a motion was made by Erskine, seconded by
Green, to instruct staff to notify the Public Facilities Corporation that
there is no approved capital improvement project for the Central Library which
exceeds $1,100,000, that no such project is anticipated to be approved prior
to next year's budget (July 1, 1988) and that the City Council reaffirms its
December 1, 1986 request to the Public Facilities Corporation to release all
excess funds to the city as reimbursement for rent previously paid; and to
direct staff to schedule a Study Session on further expansion of the Library
and funds in the future to do this. The motion carried by the following roll
call vote:
AYES: Winchell, Mays, Kelly, Erskine, Green, Bannister
NOES: Finley
ABSENT: None
(City Council) - DEPUTY CITY CLERK II COMPENSATI0N - APPROVED - BROCKWAY
The Deputy City Clerk presented a communication from the City Clerk requesting
Council approval of compensation for the Deputy City Clerk II during the City
Clerk's absence due to illness until her return approximately in December.
On motion by Finley, second Erskine, Council approved the City Clerk's
recommendation that Connie Brockway, Deputy City Clerk II, be compensated at
Range #412 - Step E ($3,652) retroactive to June 14, 1987, until the City
Clerk's return to work by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
City Council) - APPEAL TO PC DENIAL OF USE PERMIT 86-94 IN C0N.3UNCTI0N WITH
The Mayor announced that this was the day and hour set to consider a decision
on an appeal filed by Adel Zeidan to the denial by the Planning Commission of
Use Permit 86--94 in conjunction with Conditional Exception 87--1 to permit the
sale of alcoholic beverages at an existing convenience market in conjunction
with a request to permit five (5) parking spaces in lieu of the required
twelve (12) parking spaces. A public hearing on the matter.was closed on
August 3, 1987.
A communication was received October 19, 1987 from Robert Smith, Attorney for
Appellant, regarding the matter.
The property is located at the northwest corner of 17th Street and Olive
Avenue - (301 -- 17th Street).
A motion was made by Erskine, seconded by Winchell, to continue the decision
regarding the Adel Zeidan appeal to the denial by the Planning Commission of
Use Permit 86-94 in conjunction with Conditional Exception 87-1 to October 26,
1987. The motion failed by the following roll call vote:
61
Page 6 - Council/Agency Minutes - 10/19/87
AYES: Winchell, Erskine
NOES: Mays, Finley, Kelly, Green, Bannister
ABSENT: None
Discussion was held between Council and staff regarding the history of code
changes as it pertains to the property in question.
A motion was made by Winchell, seconded by Green, to uphold the Planning
Commission and the Board of Zoning Adjustments and deny Use Permit 86-94 in
conjunction with Conditional Exception (variance) No. 87-1 with the findings
as set forth in the RCA dated August 17, 1987.
The motion failed by the following roll call vote:
AYES: Winchell, Finley, Green
NOES: Mays, Kelly, Erskine, Bannister
ABSENT: None
A motion was made by Mays, seconded by Erskine, to approve Use Permit 86-94 in
conjunction with Conditional Exception (Variance) No. 87-1, with a revised
parking layout of six spaces per Alternative "A", and with the findings and
conditions as set forth in the RCA dated August 17, 1967, as amended, as
follows:
Findings for Approval - Use Permit 86-94:
1. The establishment, maintenance and operation of liquor sales in
conjunction with the market will not he detrimental to:
a. The general welfare of persons residing or working in the vicinity;
b. Property and improvements in the vicinity of such use or building.
2. The number of parking spaces provided is adequate for a market with
ancillary sale of alcoholic beverages.
3. The revised layout will provide six (6) on -site parking spaces plus three
(3) limited curb -side parking spaces (15 minutes only) for a total of
nine spaces which is adequate for the proposed market with ancilliary
sale of alcoholic beverages.
4. The granting of the Use Permit will not adversely affect the General Plan
of the City of Huntington Beach because the convenience store with
alcohol sales serves the surrounding residential neighborhood.
5. The proposal is consistent with the goals and objectives of the City's
General Plan and Land Use Map.
Findings for Approval - Conditional Exception No. 87-I:
1. Because of special circumstances ap]-licable to the subject property,
including size, location and surroundings, the strict application of the
Zoning Ordinance is found to deprivt the subject property of privileges
enjoyed by other properties in the •icinity and under identical zone
classifications. The subject site :s a corner lot with limited access
and is therefore unique.
Page 7 - Council/Agency Minutes - 10/19/87
2. The granting of a Conditional Exception for reduction in parking is
necessary in order to preserve the enjoyment of one or more substantial
property rights.
3. The granting of Conditional Exception No. 87-1 for reduction in parking
will not be materially detrimental to the public welfare, or injurious to
property in the same zone classifications because of the revised parking
layout, limited curb -side parking, and the fact that liquor sales will be
ancilliary to the market use.
4. The granting of the Conditional Exception will not adversely affect the
General. Plan of the City of Huntington Beach.
Conditions of f APTroval:
1. The site plan, floor plan and elevations dated February 26, 1987, shall
be the approved layout, subject to the following modifications:
a. Revise site plan to show six (6) on -site parking spaces with access
from the alley (ALT. A); or revise plan to depict 6 spaces on -site
with access from Olive Street (ALT. B).
2. All truck loading and unloading (deliveries) shall be on -site, not from
the street.
3. The rear door entrance shall be enhanced with signage, awning, or similar
facade to emphasize its use as a store entrance.
4. No advertising of alcoholic beverages shall be permitted is windows or on
building walls visible from the street.
5. Shelf space for alcohol sales shall be limited to two (2) areas of
approximately twelve (12) horizontal feet each, including refrigerator
space.
6. There shall be no loitering or consumption of alcoholic beverages
permitted on the premises.
7. All applicable conditions of approval of Use Permit No. 85-14 shall
remain in effect except as noted herein.
8. All applicable Public Works fees shall be paid prior to sale of alcoholic
beverages.
9. The use shall comply with all appli-able provisions of the Ordinance
Code, Building Division, and Fire D�ipartment except as noted herein.
10. The applicant shall meet all applicable local, State, and Federal Fire
Codes, Ordinances, and standards.
11. The City Council reserves the right to revoke this Use Permit if any
violation of these conditions of the Huntington Beach Ordinance Code
occurs.
12, No public telephones shall be permitted on the premises.
13. No video games shall be permitted or the premises.
C3
Page 8 - Council/Agency Minutes - 10/19/87
14. Access shall be from the alley and shall include a revised curb cut
(tapered), to be determined by Public Works and paid for by the
applicant. The curb cut shall not affect the number of parking spaces on
the street.
15. An annual review of the use shall be conducted for two (2) years, to
verify compliance with all conditions of approval and applicable Articles
of the Huntington Beach Ordinance Code including adequate parking and
circulation. If at that time, there is a violation of the conditions or
code sections, the Use Permit and Conditional Exception may become null
and void.
16, Should the applicant chose to sell adult magazines, the applicant shall
work with Community Development staff on an appropriate display for such
materials.
The motion carried by the following roll call vote:
AYES: Mays, Kelly, Erskine, Green, Bannister
NOES: Winchell, Finley
ABSENT: None
Councilman Bannister left the room.
Citj Council) - PUBLIC HEARING CONTINUED OPEN FROM 7/20/87 - ESTABLISHMENT
F P ESHEAD LINE - TRACT 4880 - LOT C - DAVIWPORT MARINA - RESOLUTION NO
AS ANE FED - AMENDED FINDINGS
The Mayor announced that this was the day and hour set to continue a public
hearing open from July 20, 1987 and deferred from September 21, 1987 to
consider establishing a pierhead line for the purpose of docking boats - Tract
4880 - Lot C - southwest of Davenport Drive and Edgewater Lane (4052 Davenport
Drive -- Davenport -Marina). The Orange County Superior Court has ordered that
Resolution No. 5523, adopted June 3, 1985, establishing a pierhead line in the
Davenport Marina be set aside and a public hearing held to reconsider the
previous action.
The Interim City Administrator presented a staff report.
Discussion was held between Council and .he Director of Public Works regarding
the width of the channel and the use of aide ties.
Al Fink presented a letter dated September lb, 1987 from Norman Smith,
President, Huntington Harbour Property Owners Association, Inc. indicating a
preference for a pierhead line as set forth in Exhibit "B" of the RCA dated
July 13, 1987. Mr. Fink presented an informal petition with approximately
(266) signatures urging Council to approve the pierhead line for Davenport
Marina as adopted in Resolution No. 5523 on June 3, 1985.
Mary Ellen Houseal referred to a letter dated May 13, 1975 from then Director
of Public Works H. E. Hartge. She urged Council to approve Exhibit "B".
Julie Ford, Al Savage, Will Piercy and JPhn Gresh urged Council to deny
expansion of the pierhead line.
Page 9 — Council/Agency Minutes — 10/19/87
Joyce For read a letter from her neighbor Cheryl Fipp who could not be
present at the public hearing urging Council to deny expansion of the pierhead
line.
Keith Parker, attorney for Dr. Stanko, distributed to Council a paper
submitted in 1985 that summarized Dr. Stanko's position. He reviewed the
history of the marina.
or. Stanko proposed an alternate position where he stated he would give up one
area an expand in another area. He presented viewgraphs to illustrate his
alternative plan.
Al Fink questioned the measurements presented by Dr. Stanko.
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 Finley, seconded by Erskine, to rescind Resolution No.
5523 which established a pierhead line for the Davenport Marina which was
adopted June 3, 1985. The motion carried by the following roll call vote:
AYES; Winchell, Mays, Finley, Kelly, Erskine, Green
NOES: None
ABSENT: Bannister (out of the room)
A motion was made by Finley, seconded by Green, to adopt Resolution No. 5801
as amended to establish a pierhead line per Exhibit "B", with amended findings
as follows:
1. The city is empowered to adopt pierhead lines to protect navigable
channels from encroachment.
2. Pursuant to Huntington Beach Municipal Code Section 13.32.020, the City
Council of the City of Huntington Beach has the power to establish
pierhead lines by resolution.
3. The Orange County Superior Court in John J. Stanko v. City of Huutia ton
Beach, case no. 46 75 77, has manda:e3 the city to set aside the p er ead
line established by the City Council in Resolution No. 5523, adopted June
3, 1985.
4. Davenport Marina is located along the subject channel depicted on
attached exhibits, and is improved with various docks, slips, and
gangways.
5. The subject channel is a navigable waterway. A low bridge which crosses
the channel to Davenport Island prerents further navigation by vessels,
except for small boats. A ninety f)ot width at the bridge is desirable
for safe turning of vessels and navigation.
5. A minimum channel width of seventy 'eet is necessary for navigation of
vessels in the channel.
7. Expansion of the existing marina further into the channel would impair
navigation, create traffic and park.:ng impacts, and be incompatible with
the residential character of the ne,!ghborhood.
5
Page 10 - Council/Agency Minutes - 10/19/87
d. In the interest of the health, safety and welfare of the citizens of
Huntington Beach, no additional boat docking facilities or end ties can
be allowed outside the limits of the pierhead line as shown in.Exi:bit "B".
The motion carried by the following roll call vote.
AYES: Winchell, Mays, Finley, Erskine, Green
NOES: Kelly
ABSENT: Bannister (out of the room)
Councilman Bannister returned to the room.
City Council/Redevelopment Astencv) - JOINT PUBLIC HEARING -
.'I.11"M■Y0113-.ir■.i'EW T. 'aA'...1 :M'UI VJJ'[.l'l:MI 1'.I 'fl: J�.�:•
The Mayor/Chairman announced that this was the day and hour set for a joint
public hearing of City Council/Redevelopment Agency to consider and act upon
an Owner Participation Agreement between the Redevelopment Agency of the City
of Huntington Beach and N/R Huntington Partners. The agreement provides for
the development of 159 residential units along the east side of Lake Street
north of Atlanta Avenue, within the Main -Pier Redevelopment Project Area.
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 Notice of Preparation was filed.
Copies of the Owner Participation Agreement and the Environmental Impact
Report are on file for public inspection and copying at the Office of the City
Clerk.
The Deputy City Clerk announced that ali legal•requirements for notification,
publication and posting had been met, and that she had received no
communications or written protests to the matter.
The Mayor declared the hearing open.
John Newcomb urged Council to approve the Owner Participation Agreement
Between t e Agency and N/R Huntington Partners.
There being no one present to speak on tie matter and there being no protests
filed, either oral or written, the hearing was closed by the Mayor.
A motion was made by Erskine, seconded by Bannister, to approve and authorize
execution of the Owner Participation Agreement between the Redevelopment
Agency and N/R Huntington Partners. The motion carried by the following roll
call vote:
AYES: Mays, Finley, Kelly, Erskine, +G een, Bannister
NOES: Winchell
ABSENT: Bone
Page 11 - Council/Agency Minutes - 10/,19/87
(City Council) - PUBLIC HEARING - HOUSING ASSISTANCE PLAN - 1987-88 APPROVED
The Mayor announced that "thin was° the day and -hour set .for' a pu�biln he4r1n4`;tQ
consider the proposed' Housing Assistance Plan (iA.l*. )`'whi'ch` dentffe�s'tYe L'
City goals for federal assistance and,.is to be submitted to the U. S.
Department of Housing & trban Developlent`on or`abdut October 31, 1987. This
annual H.A.P. is for a period of October 1, 1987 through September 30, 1988.
Copies of the H.A.P. are available for review in the City Clerk's Office.
The City Clerk announced that all legal requirements for notification,
publication and posting had been met, and that she had received no
communications or written protests to the matter.
The Mayor declared the hearing open.
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.
A motion was made by Mays, seconded by Finley, to approve the Housing
Assistance Plan (HAP) for 1987-88 Federal Fiscal Year as submitted by staff
and authorize staff to submit same to HUD. The motion carried by the
following roll call vote;
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
DOES% none
ABSENT: None
ORDINANCES - INTRODUCTION APPROVED
On motion by Mays, seconded by Green, Council approved introduction of
Ordinance Nos. 2917, 2918, 2919 and 2920, after reading by title, by the
following roll call vote;
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
(City Council) - ORDINANCE NO 2917 - INTRODUCTION APPROVED - FIRE DEPARTMENT
- TOXIC MATERIALS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY REPEALING CHAPTER 2.40 AND ADDING THERETO NEW CHAPTER 2.40
ENTITLED "FIRE DEPARTMENT." (Brings the scope and duties within the immunity
provision as authorized by State Law, particularly in the area of toxic
materials.)
(City Council) - ORDINANCE NO 2918 - INTRODUCTION APPROVED - COMMUNITY
SERVICES CUM—aSSION
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY ADDING SECTION 2.64.045 AND SECTION 2.64.105 RELATING TO THE
7
Page 12 - Council/Agency Minutes - 10/19/87
COMMUNITY SERVICES COMMISSION." (Provides for a two consecutive four year
term limitation. Terms of School District representatives will be limited to
no more than eight consecutive one year terms.)
(CitzCouncil) - ORDINANCE NO 2919 - INTRODUCTION APPROVED - ALLIED ARTS
UnA
"AN ORDINANCE. OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY ADDING SECTION 2.101.100 AND SECTION 2.101.110 RELATING TO
THE ALLIED ARTS BOARD." Provides for a two consecutive four year term
limitation.
(Citz Council) - ORDINANCE NO 2920 - INTRODUCTION APPROVED - HUMAN RESOURCES
BOARD
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTIONS 2.103.030 AND 2.103.040 RSIATING TO HUMAN
RESOURCES BOARD." (Provides for a two consecutive four year term limitation
and expands Board to 18 members)
City Council) - ORDINANCE NO 2921 - INTRODUCTION APPROVED AS AMENDED - YOUTH
nADT
The Deputy City Clerk presented Ordinance No. 2921 for Council consideration
- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY ADDING CHAPTER 2.108, HUNTINGTON BEACH YOUTH BOARD."
Following discussion, a motion was made by Mays, seconded by Green to approve
introduction of Ordinance No. 2921, as amended by deleting the word "public"
from the second paragraph of Section 2.108.020, after reading by title. The
motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
(City Council) - DAVENPORT MARINA - ENFORCEMENT OF CODE_ RELATING TO
REGULATIONS PERTAINING TO BOATS IN HUNTINGTON BEACH MARINAS
Councilwoman Winchell stated her concern regarding boats dumping waste in
Davenport Marina as referred to during the Public Comments section of the
Council meeting and requested staff to e%Lforce code regulations pertaining to
such activities.
(City- Council) - REPORT REQUESTED FROM CITY TREASURER - SUMMARY RE STOCK_
MUM PORTFOLIO AND ACTION PLAN
Councilman Mays requested the City Treasurer to provide a report to Council
with a summary stock market portfolio and action plan.
J•�.l
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page 13 - Council%Agency Minutes - 10/19187
(Citz Council) BUDGET PROCESS DISCUSSED
Councilman Mays suggested that Council be involved early in the budget process
and suggested a Study Session especially regarding items to be prioritized.
The Deputy City Administrator/Administrative Services stated that these plans
were already in process.
(City Council) - ANNOUNCEMENT - HAZARDOUS WASTE WORKSHOP TO BE HELD IN
Councilwoman Finley announced that one of the sponsored meetings of the Tanner
Advisory Committee, in conjuaction with the League of Women Voters, was being
held at the Westminster County Library on October 28, 1987 to provide
information and seek public input on the County Hazardous Waste Management
Plan.
(City Council) - REPORT RE UkSTED - MCDONNEL-DOUGLAS OIL LEAK AND CLUN UP
Councilwoman Finley requested a staff report regarding the McDonnel Douglas
oil spill from leaking tanks and clean-up. The Interim City Administrator
informed Council that staff was preparing a letter was being prepared for
Council by staff.
- STAFF TO PREPARE ORDINANCE - PROHIBIT REMOVAL OF
Following discussion, a motion was made by Green, seconded by Mays, to direct
staff to draft an ordinance that would prohibit the removal of trash such as
cans and bottles by people other than the city trash removal contractor. The
motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
Councilman Mays requested provision be made to allow separated newspapers to
be picked up by people other than the trash removal contractor. Councilwoman
Finley suggested that trash be separated.
(City Council) - STAFF TO ATTEND - OFFSHORE OIL "5COPING" PUBLIC HEARING ON
OUTIM N CALIFORNIA LEASE SALE 95
A motion was made by Green, seconded by Winchell, to direct staff to testify
October 20, 1987 in Long Beach at the public hearing related to the Draft
Environmental Impact Statement being prepared by the Department of Interior in
preparation for OCS Lease Sale #95 offshore the coast of Southern California.
The motion carried by the following roll. call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green
NOES: Bannister
ABSENT: None
f
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Page 14 - Council/Agency Minutes - 10/19/87
City Council) - STUDY SESSION SCHEDULED - METHANE MIGRATION & OIL.
Following discussion, it was the consensus of Council to hold a thirty minute
Study Session on Methane Migration and Oil Consolidation on November 2, 1987.
(Agency) - CLOSED SESSION
Following discussion between Council and Assistant City Attorney Amsbary
Chairman Kelly called a Closed Session of the Redevelopment Agency pursuant to
Government Code Section 54957 regarding - Main Pier Phase I (Huntington
Pacifica I and Pierside Development; Main Pier Phase II (Main Pacifica
Property Owners - A Partnership; Townequare Phase I Project (Mole Development,
Inc and Robert J. Koury) - all within the Main -Pier Redevelopment Project Area
as Amended; Instructions to Negotiate for the Purchase of Land From Southern
Pacific Transportation Company for the Proposed Gothard-Hoover Street Align-
ment Within the Huntington Center Redevelopment Project Area.
RECESS - RECONVENE
The Mayor/Chairman called a recess of Council at 11:20 p.m. The meeting was
reconvened at 1 a.m.
ADJOURMW - COUNCIL/REDEVELOPMENT AGENCY
The Mayor/Chairman adjourned the regular meeting of the City Council and the
regular meeting of the Redevelopment Agency of the City of Huntington Beach to
7 p.m., Monday, October 26, 1987.
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
ATTEST:
Alicia M. Wentworth
City Clerk/Clerk
BY 0�*
Deputy City Clerk Deputy erk