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HomeMy WebLinkAbout1987-11-02 (7)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Monday, November 2, 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 Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. ROLL CALL Present: Kelly, Erskine, Green, Bannister Winchell, Mays, Finley (arrived at 5:45 p.m.) Absent: None (City Council) — HUNTINGTON BEACH OIL FIELD & METHANE GAS REPORT The Deputy City Clerk presented a communication from Fire Chief Picard transmitting the Huntington Beach Oil Field and Methane Gas Report which provides background information, current statistics and an outline of the problems facing the oil industry in Huntington Beach today. Said report outlines those principle areas that must be addressed and planned in order to permit the continued coexistence between the oil industry and the community. Fire Chief Picard distributed an additional communication dated October 27, 1987 regarding the Huntington Beach Oil Field and Methane Gas Report. Chief Picard introduced Mel Wright, City Geological and Petroleum Consultant. The Fire chief stated that his report would cover the following issues: (1) Why is there an increased detection of surface methane gas as outlined in the Roberti Report which may be threatening the safety of the community? (2) Is the current policy of building over or near active or abandoned oil wells a prudent policy? (3) Does the current oil well bond schedule protect the City? (4) What is the future of oil production in Huntington Beach? (5) What is the City's position on the future of consolidation projects? John McKay, Fire Captain/Oil Field Inspector, reported on sites designated as being methane gas deposits. Mr. Wright reported on the State Department of Gas and Oil Analyses of each site. Page 2 - Council/Agency Minutes - 11/2/87 The Fire Chief recommended that the Oil Committee be re-established to study the issue for report and recommendation to the Council and the Council concurred. He then reported on the following issues contained in the report: Methane Gas Issue, Continue to Monitor, Implement Preventative Measures, Soil Tests, Vapor Barrier, Venting, Prudently Allow Building, Emergency Response Program. The issues of Building Over Oil Wells, Oil Well Surety Bonds and Consolidation were also reported on by the Fire Chief. The Council thanked Chief Picard for his presentation. (City Council) - CLOSED SESSION RE: LABOR NEGOTIATIONS 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. RECESS - RECONVENE The Mayor called a recess of Council at 6:25 p.m. The meeting was reconvened at 6:40 p.m. (Redevelopment Agency) - CLOSED SESSION - TO GIVE DIRECTIONS TO AGENCY'S NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION SECTION 54956.8 RE: THE PURCHASE/SALE/EXCHANGE OR LEASE OF REAL PROPERTY WITHIN VARIOUS PROJECT SITES ALL WITHIN THE MAIN -PIER REDEVELOPMENT PROJECT AREA, AS AMENDED Chairman Kelly called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding the negotiations with the following property owners concerning the y, purchase/sale/exchange/lease of the following properties: 1. Main -Pier Phase I - With Huntington Pacifica I and Pierside Development, Inc., and other property owners regarding real property including City/Agency real property for the property located within the area south of Walnut Avenue, between Second and Main Streets, and the ocean side of Pacific Coast Highway to the frontage road from Lake Street to the extension of Main Street. 2. Main Pier Phase II - With the Main -Pacific property owners and other property owners regarding real property including the City/Agency real property within the site bounded by Walnut Avenue, Main Street, 6th Street, and Pacific Coast Highway. 3. Town Square - With Mola Development and other property owners regarding real property including City/Agency real property for the site bounded by Main Street, Orange Avenue, and the extension of 6th Street. Page 3 - Council/Agency Minutes - 11/2/87 4. Retail Parking Structure':Pfoject`-"With Robert J. Koury and other property owners regarding real property including City/Agency real property in the second block of Main Street bounded by Main Street, 3rd Street, Walnut Avenue and Olive Avenue. RECESS - RECONVENE The Chairman called a recess of the Redevelopment Agency at 6:40 p.m. The meeting was reconvened at 7:55 p.m. Doug LaBelle read the following statement prior to the Closed___ Session pertaining to Main -Pier Phase I: The Agency will recess to Closed Session pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiatins with Huntington Pacifica I and Pierside Development, Inc., and other property owners identified as: Stephen Davis, Clyde Gates, Assistance League of Huntington Beach, Helen Madzoff, Zeidan/Adel, and city of Huntington Beach concerning the purchase/sale/exchange/lease/of the property located within the area south of Walnut Avenue, between Second and Main Streets, and the ocean side of Pacific Coast Highway to the frontage road from Lake Street to the extension of Main Street. The Agency may negotiate with those property owners or their duly authorized representative. Mr. LaBelle read for the following statement prior to the Closed Session pertaining to Main -Pier Phase II: The -Agency will recess to Closed Session pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations with the Main -Pacific Property Owners and other property owners identified as: Margaret Shupe, Stuart Omohundro, Stanford Tharp, Energy Development Comm., John Conley, City of Huntington Beach, Frank Cracchiolo, Blanche Wood, et al, Charles Sarrabere, Eldon Bagstad, Jack Gosney, Ahmad Abdelmuti, Thomas Lindley, Stephen Fithian, Gary Mulligan, Carlos Costa, Eleanor Draper, Ronald Mage,-Dorothy Terry, and Robert Terry. Mr. LaBelle read for the following statement prior to the Closed Session pertaining to Town Square Subarea: The Agency will recess to Closed Session pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations with Mola Development and other property owners identified as: City of Huntington Beach, Elizabeth Collins, Berta Tovatt, and Huntington Beach Redevelopment Agency concern the purchase/sale/exchange/lease/of the property located within the area bounded by Main Street, Orange Avenue, and the extension of 6th Street. The Agency may negotiate with those property owners or their duly authorized representative. Mr. LaBelle read for the following statement prior to the Closed Session pertaining to Parking Structure Project: The Agency will recess to Closed Session pursuant to Government 5-°1 l.o r •.i Page 4 - Council/Agency Minutes - 11/2/87 Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations with Robert J. Koury and other property owners identified as: Shandrick, et al, City of Huntington Beach, Pacific Southwest Realty, Dennis A. Niccole, Frances D. Hine, and Paula Tahmisian concerning the purchase/sale/exchange/lease/of the proprty located within the second block of Main Street bounded by Main Street, 3rd Street, Walnut Avenue and Olive Avenue. The Agency may negotiate with those property owners or their duly authorized representative. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The Mayor/Chairman adjourned the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach. 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: BY Alicia M. Wentworth City Clerk/Clerk BY Deputy City Clerk/Depdty Clerk Depu�:y,�ity filer /�feputy Clerk Mayor/Chairman 5,,, MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Monday, November 2, 1987 A tape recording of this meeting is on file in the City Clerk's Office Mayor Kelly called the regular meeting of the City Council of the City of Huntington Beach to order at 7 p.m. - ROLL CALL Present: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Jr. Girl Scout Troop 994 - Leader Marsha Sipkovich. The Pledge of Allegiance was led by Lori Sipkovich. The Invocation was given by Tara Graham. (City Council) - PUBLIC HEARING - RESOLUTION NO 5822 - ADOPTED - BOLSA CHICA STATE BEACH GENERAL PLAN AMENDMENT/STATE BEACH ENVIRONMENTAL IMPACT ELEMENT - DRAFT GENERAL PLAN FOR STATE BEACH NORTH OF PIER - APPROVED The Mayor announced that this was the day and hour `set for a public hearing to consider the Bolsa Chica State Beach General Plan Amendment and the State Beach Environmental Impact Element initiated by the City of Huntington Beach to establish goals, objectives and policies to preserve, enhance and encourage the recreational use of the beach area through adoption of a general plan for the 2.3 mile beach area northwesterly of the Huntington Beach Municipal Pier bounded by Pacific Coast Highway, the Pacific Ocean, the Huntington Beach Municipal Pier and the City's northwesterly boundary at the Bolsa Chica State Beach in the DTSP District #10 & #11 (Downtown Specific Plan -District 10 and 11) and SL-O-C (Shoreline -Oil -Coastal District) The Mayor stated that the State Beach Environmental Impact Element would be reviewed concurrently with Draft General Plan Amendment. + = 54 Page 2 - Minutes of Council/Agency - 11/2/87 The Deputy 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 Interim City Administrator presented a staff report. Hal Simmons, Associate Planner, reviewed staff recommendations and amendments to the plan. He presented slides of the area under discussion. Discussion was held regarding lifeguard facilities and parking. The Mayor declared the hearing open. Tom Van Tuyl, Robert Cronk, Stephen Holden, President of the Huntington Beach Chamber of Commerce, Sudhish Mohindroo, j4 project architect for Pierside, representing Silver and Sizkand, Bryant Morris, developer of Pierside Village, Matt Messier, Don MacAllister, Phyllis Rhyan, Jim Righeimer, Jan �. Shomaker, Jim Morrisev and Lila Nowell, President of the Huntington Beach/Fountain Valley Board of Realtors supported Resolution No. 5822, Alternative B. L Norma Vander Molen stated she supported Area 2 and 3 improvements and endorsed Resolution No. 5821, Alternative A for Area 1. She informed Council that the Community Services Commission had not been asked for a recommendation. Tom Harman, Lorraine Faber and Irene Briggs supported Resolution No. 5821, Alternative A. Doug Langevin referred to a letter from the State of California and stated he believes the state position is that the parking structure is too large. . Jim Lane stated his concerns regarding the cost of the parking structure and suggested it be located on the inland side of Pacific Coast Highway. Paul Picard, President of Huntington Beach Cares, reviewed funding of the proposed parking structure and requested that the cost of improvements, etc. due to downtown redevelopment become a permanent part of the five-year plan. 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. The Deputy City Clerk presented Resolution No. 5822 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECOMMENDING APPROVAL OF THE BOLSA CHICA STATE BEACH GENERAL PLAN AMENDMENT." Page 3 = Minutes of Council/Agency - 11/2/87 Following discussion, a motion was made by Mays, seconded by Erskine, to approve the State Beach General Plan, as amended, by adding policies under the headings of General Vegetation Management and Animal Resources and by adopting Resolution No. 5822, as amended, by adding lifeguard facilities in Area 2 and 3, and recommend adoption of same to the California State Parks and Recreation Commission. The motion carried by the following roll call vote: AYES: Mays, Kelly, Erskine, Bannister NOES: Winchell, Finley, Green ABSENT: None RECESS - RECONVENE The Mayor called a recess of Council/Agency at 9:30 p.m. The meeting was reconvened at 9:40 p.m. _(City Council) - PUBLIC HEARING - UPHELD PLANNING COMMISSION'S REVOCATION OF HOME OCCUPATION PERMIT 87-4 - STEMMER'S TREE SERVICE The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Mark Stemmer dba Stemmer's Tree Service to the Planning Commission's revocation of Home Occupation Permit No. 87-4 - tree and shrubbery trimming business. The Deputy 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. Interim City Administrator Cook informed Council they had been provided with a letter dated November 2, 1987 from appellant Mr. Stemmer requesting continuance of the public hearing for three or four weeks because he has an acute case of laryngitis. A motion was made by Erskine, seconded by Green, to continue the public hearing open to November 16, 1987 to consider the appeal filed by Mark Stemmer dba Stemmer's Tree Service to the Planning Commission's revocation of Home Occupation Permit No. 87-4 tree and shrubbery trimming business. Following discussion, the motion was withdrawn. Mayor Kelly consulted with the City Attorney regarding whether the same citizens could testify at this day and hour and testify again if the public hearing were continued open to a future date. The Mayor declared the hearing open. 56 Page 4 - Minutes of Council/Agency - 11/2/87 Lorreta Wolfe, Alvera Braaten, Opal Phillips, Edward Phillips and Irene Briggs requested that Council deny the appeal and cited noise and parking of large trucks as problems created by the business in a residential area. The City Attorney read the section of the city code regarding home occupations when neighbors were displeased and caused discomfort and that in such instance Council could revoke the occupational permit. 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 Erskine, seconded by Finley, to uphold the Planning Commission revocation and deny the appeal based on findings as set forth in the September 15, 1987 Planning Commission minutes, as follows: Findings for Revocation: 1. Licensee has not complied with Section 9730.36 of the Huntington Beach Ordinance Code. 2. Work on the premises has not complied with the noise ordinance of the Huntington Beach Municipal Code. 3. Verified complaints from neighbors have demonstrated that the licensee has violated the Home Occupation regulations between the March 25, 1987 Board of Zoning Adjustments meeting and the July 22, 1987 Zoning Administration meeting. 4. The operation of a tree service business with employees .and extensive equipment maintenance is detrimental to: a. The general welfare of persons residing in the residential neighborhood. b. Property and improvements in the vicinity. 5. The business is inconsistent with the goals and objectives of the City's General Plan. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None MM , Page 5 - Minutes of Council/Agency - 11/2/87 PUBLIC COMMENTS Gary Gorman spoke in support of widening of the Brookhurst Bridge and Pacific Coast Highway from Beach Boulevard to the Santa Ana River and the agreement with the state of California. Robert Richardson stated his concern regarding what he believed was a lack of enforcement of the oil ordinance as it applies to noise at the Angus project site. Lynn Moseman complained regarding the noise at the Angus site and suggested a calibrated dba noise meter with print out with the cost of the meter to be absorbed by Angus Petroleum. Anita Youna distributed a letter addressed to her from Mayor Kelly dated February 18, 1987 regarding the Angus Petroleum project. Ms. Young questioned why the application did not have to be resubmitted to the Planning Commission. Mary Parrish stated her concern regarding the Angus project and her concern regarding possible problems associated with fire, explosion, leakage, odor and toxic and hazardous chemicals. She complained regarding night lights and night noise at the project. Richard Abramson stated he believed there should be earlier notification to the public of agenda items pertaining to the Angus project. He stated he believed the mansonry wall should be constructed around the project prior to on -site construction (Condition #7.) Michael Craia stated he believed that all Council discussion regarding the Angus Petroleum project should be conducted during open meetings and not Closed Sessions of Council. John Moseman stated he believed that street improvements at the Angus site should be completed before the project proceeds. Spencer Sheldon, representing Angus Petroleum, informed Council that citizens had refiled in court regarding issues he believed had already been settled. He described three complaints regarding noise at the site and action taken by Angus Petroleum in an attempt to mitigate the noise. Don MacAllister referred to a letter dated October 30, 1987 from the Huntington Beach Chamber of Commerce stating their concerns regarding the Report, "Orange County Transportation: Meeting the challenge Head On", to the Orange County Division of the League of Cities as prepared by the Transportation "Super" Committee. He stated he did not oppose the plan but described his concerns pertaining to Developer Fees and the Mello Roos/Benefit Assessment District. Mr. MacAllister cautioned Council to be careful that control stays local. Page 6 - Minutes of Council/Agency - 11/2/87 CONSENT CALENDAR - (ITEMS_ APPROVED On motion by Mays, second Erskine, 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 (City Council/Redevelopment) - MINUTES - Approved and adopted the minutes of the adjourned regular meetings of October 16, 1987 and October 19, 1987 and regular meeting of October 19, 1987, as written and on file in the Office of the City Clerk. (City Council) - FOURTH OF JULY EXECUTIVE BOARD RESIGNATION - FRIEDRICH - Accepted, with regret, the resignation of Allen J. Friedrich from the Fourth of July Executive Board. City Council) - FIRST AMENDMENT TO SERVICE AGREEMENT BETWEEN CITY & UNITED STATES ESCROW INC - Approved and authorized execution of the First Amendment to the Service Agreement between the City and United States Escrow, Inc., to administer H.U.D. Rental Rehabilitation Program Loans. (City Council) - PARK, TREE & LANDSCAPE MAINTENANCE FACILITY - REPAIRS & ADDITIONS - Approved expenditure of $8,500 from General Fund Unappropriated Fund Balance to make repairs and add additional toilet facilities at the park, tree and landscape maintenance facility located east of Gothard Street, south of Slater Avenue. City Council) - BID AWARD - EXCEL PAVING CO - HAMILTON AVENUE WIDENING BETWEEN SURVEYOR CIRCLE & MAGNOLIA STREET - CC-724 - Z- Accepted the low bid of Excel Paving Company in the amount of $93,882.75 for the widening of the south side of Hamilton Avenue between Surveyor Circle and Magnolia Street, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, authorized the execution of the appropriate contract and authorized the Finance Director to encumber $2,500 for anticipated project "incidentals", rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Excel Paving $ 93,882.75 Sully -Miller 98,873.00 (corrected to $95,873.00) Summit Grading and Paving 97,968.75 Ruiz Engineering 99,767.90 Clayton Engineering 114,534.00 Hacienda Landscape 134,665.00 Page 7 - Minutes of Council/Agency - 11/2/87 (City Council) - NOTICE OF COMPLETION - STREET MAINTENANCE OVERLAY PROJECT - WARNER AVENUE BETWEEN ALGONQUIN & GRAHAM - MSC-267 - Accepted work completed by Blair Paving on the highway surface improvements of Warner Avenue between Algonquin and Graham Streets for a contract price of $261,203.02 and directed the City Clerk to file the Notice of Completion. Citv Council) - LETTER AGREEMENT - DIEHL. EVANS & CO REQUEST FOR AUDIT OF CASH & INVESTMENTS AS OF 10/16/87 - Authorized by majority vote that CPA firm Diehl, Evans & Company be engaged to do an update sufficient for them to certify that all funds and securities are accounted for as of October 16, 1987 and approved and authorized execution of Letter Agreement. (City Council) - PARCEL MAP 85-382 - NAN PATEL - NW PACIFIC COAST HWY & 8TH STREET - Approved final Parcel Map 85-382, accepted offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments and instructed the City Clerk to execute same and release to the County for processing. (City Council) - VETERAN'S DAY HOLIDAY - 11/9/87 -MEO & MEA MEMORANDUM OF UNDERSTANDING - RESOLUTION NO 5819 & RESOLUTION NO 5820 - Resolution No. 5819 - Adopted - MOU - MEA - Veteran's Day Holiday "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 6.F OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES ASSOCIATION." Resolution No. 5820 - Adopted - MOU - MEO - Veteran's Day Holiday "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE IX.G OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION." (City Council) - BID AWARD - SOUND CHAMBER COMPANY - FOR COUNCIL CHAMBER AUDIO IMPROVEMENTS - CC-697 - TRANSFER OF FUNDS/AMENDMENT TO CONTRACT WITH DESIGN ETHIC - Accepted the low bid of Sound Chamber in the amount of $76,725 for the improvement of the audio system in the Council Chambers, authorized the Mayor and City Clerk to execute an appropriate contract, authorized staff to increase the consultant contract with Design Ethic for a fee not to exceed $2,000, authorized the Director of Finance to transfer $9,692 from the Page 8 - Minutes of Council/Agency - 11/2/87 unappropriated general fund balance to fiscal account 480659 (Improvements/Other), 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 described in Attachment A to the RCA dated October 21, 1987 from the Interim City Administrator. (City Council) - IMPROVEMENT TO THE SOUTHBOUND I-405 BEACH BOULEVARD OFFRAMP & CENTER DRIVE - CONSULTANT AGREEMENT - IWA ENGINEERS - Approved and authorized execution of a consultant agreement between the City and I.W.A. Engineers for a fee not to exceed $63,644 for the preparation of the environmental documents and plans and specifications for the improvement to ;b the southbound I-405 Beach Boulevard offramp and Center Drive. � (City Council) - RESOLUTION NO 5823 - ADOPTED - SIGNATURE AUTHORIZATION & CITY TREASURER - DIRECTOR OF FINANCE - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MANUAL AND/OR FACSIMILE SIGNATURES OF DONALD L. WATSON AND DAN T. VILLELLA." City Council) - PUBLIC SAFETY DISPATCH SYSTEM - SPECIFICATIONS AND PLANNING - SUPPLEMENTAL AGREEMENT #1 - THE WARNER GROUP - Approved and authorized execution of Supplemental Agreement No. 1 to Consultant Agreement between the City and the Warner Group to prepare specifications, Request for Proposal and evaluation of vendor contracts. (City Council) - WIDENING OF THE BROOKHURST BRIDGE & PACIFIC COAST HIGHWAY - BEACH BOULEVARD TO THE SANTA ANA RIVER - AGREEMENT - STATE OF CALIFORNIA - Approved and authorized execution of an agreement between the City and the California Department of Transportation, the Department of Fish and Game, the Fish and Wildlife Service, the State Coastal Conservancy and the Huntington Beach Wetlands Conservancy to establish a procedure for compensation of Wetland Habitat losses incurred by the Department of Transportation highway widening of Pacific Coast Highway within the City of Huntington Beach by Wetland Habitat Restoration at the Huntington Wetlands. Said agreement authorizes coastal conservancy development within a 17 acre parcel owned by Caltrans to be purchased by State Coastal Conservancy (City Council) - PACIFIC TRAILER PARK - REQUEST FOR PROPOSALS FOR STREET DESIGN - AUTHORIZATION TO PREPARE DEVELOPMENT AGREEMENT - Authorized the Public Works Department to request proposals for preliminary design of Atlanta, Delaware, Walnut and Huntington, adjacent to the Pacific Trailer Park; and authorized staff to prepare a development agreement in Page 9 - Minutes of Council/Agency - 11/2/87 conjunction with the owners of the park that would set forth the mutual obligations of both parties. This agreement will be scheduled for Council consideration and action following its completion. (City Council) - REVISIONS OF REFUSE COLLECTION RATES - APPROVED - RAINBOW DISPOSAL COMPANY - SUPPLEMENTAL AGREEMENT #9 The Deputy City Clerk presented a communication from the Assistant to the City Administrator regarding the agreement between the City and Rainbow Disposal. The Interim City Administrator presented a staff report. A motion was made by Bannister, seconded by Erskine, .to approve and authorize execution of Supplemental Agreement No. 9 between the City and Rainbow Disposal Company, amending the current agreement to increase the residential trash collection rate from $6.31 per month to $6.58 per month for each residential unit of service through September 30, 1988 and to increase commercial bin rates by an average of 2.17% as shown on Exhibit"A" to agreement. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley Kelly, Erskine, Green, Bannister NOES: None ABSENT: None Councilman Bannister left the room. (City Council) - ANGUS PETROLEUM CORPORATION - ANNUAL REVIEW Sc PROPOSED MODIFICATION TO CONDITIONS OF APPROVAL TO USE PERMIT NO 86-7 - APPLICATIONS TO AD HOC COMMITTEE TO BE ACCEPTED The Deputy City Clerk presented a communication from the Community Development Director transmitting for Council's consideration the required annual review of Use Permit 86-7 - Angus Petroleum Corporation pursuant to Condition #53 of the conditions of approval and modification of five of the original conditions imposed on Angus Petroleum Corporation. Subject location is the two blocks bounded by Delaware, Huntington, Toronto & Rochester. The Deputy City Administrator/Community Development presented a staff report. Discussion was held regarding the feasibility of installing a fixed noise monitor with a printed read out to operate continuously with the reports to be made available to officials and the Ascon Ad Hoc Committee. Discussion was held regarding Condition No. 41 pertaining to the Emergency Action Plan. The masonry walls surrounding the site and the make up of the Ascon Committee was discussed. G2 Page 10 - Minutes of Council/Agency - 11/2/87 A motion was made by Green, seconded by Mays, to modify conditions of approval of Use Permit No. 86-7 as follows: Condition #1: The site plans dated October 20, 1987 shall be the approved project layout. Condition #7: Changes have been required and incorporated in the project during the course of the public hearing and consultation process to mitigate or avoid the significant adverse environmental effects of the project; the Division of Oil and Gas enforces rules and regulations for the conduct of secondary recovery operations; the mitigation measures incorporated, proposed and adopted, together with application of the rules and regulations of the Division of Oil and Gas, will effectively mitigate all of the adverse impacts identified;.public agencies other than the City, including the Division of Oil and Gas, Regional Water Quality Control Board and South Coast Air Quality Management District, will be reviewing aspects of this project for mitigation measures as to matters within their responsibility and jurisdiction, including subsurface operation, water and air quality; the critical need for oil renders infeasible the alternatives of no project or delayed project implementation, and alternative surface locations are infeasible because of their limited availability, or the greater disruption to the community at large which would result therefrom. Except the well cellar excavation and construction be allowed to proceed concurrently with the construction of masonry walls, landscaping and street improvements. Condition #15: The project shall fully comply with the Huntington Beach Noise Ordinance. At the applicants expense a continuous calibrated meter shall be on site to monitor the decibel (dba) level with a printed copy to be made available to city staff and Ad Hoc Ascon Project Review Committee on a weekly basis. Condition #41: Prepare and submit a Preliminary Emergency Action Plan (EAP) prior to issuance of building permits. A completed Emergency Action Plan based on as -built plans shall be completed and submitted prior to the start of oil production operations. The Emergency Action Plan shall include employee training and periodic practice, how spillage onto street from site('s) would be handled (stockpile of sand, etc.), the safe handling of any chemicals and/or materials, and full knowledge of all 63 Page 11 - Minutes of Council/Agency - 11/2/87 systems and emergency equipment.. A copy shall be on file with the Fire Department and updated on a five year basis. In addition, a Spill Prevention and Control and Countermeasure (SPCC) Plan in compliance with City requirements for handling of spills, etc., not otherwise covered in the Emergency Action Plan shall be completed and filed with the City prior to the start of oil production operations. Condition #53: The City Council shall review and, if necessary, may modify the conditions as set forth in this use permit, at the first regular City Council meeting following September 21, 1988, and at five year intervals thereafter, and upon any change in ownership of the project which occurs between five-year reviews; provided that the phrase "change of ownership" as used herein shall not include any sale or other transfer to a corporation, partnership or other form of business organization in which Alberta Natural Gas -United States and/or one or more of its shareholders or subsidiaries owns the controlling interests, or any sale or transfer so long as Angus or one of its subsidiaries retains responsibility for the operation of the project. The motion carried by the following roll call vote: AYES: Winchell, Mays, Kelly, Erskine, Green NOES: Finley ABSENT: Bannister (out of the room) Interim City Administrator Cook informed Council that applications for a position on the Ad Hoc Ascon Project Review Committee were still being accepted. A motion was made by Winchell, seconded by Kelly, to amend Condition #55 to read as follows: Condition #55: A nine member project review committee shall be selected by City Council to assure compliance with conditions of this use permit. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green NOES: None ABSENT: Bannister (out of the room) Councilman Bannister returned to the room. Page 12 - Minutes of Council/Agency - 11/2/87 (City Council) - LEAGUE OF CALIFORNIA CITIES - ORANGE COUNTY DIVISION - TRANSPORTATION "SUPER" COMMITTEE REPORT - STRATEGY PLAN SHOWN IN EXECUTIVE SUMMARY APPROVED The Deputy City Clerk presented a communication from the Interim City Administrator transmitting the report on transportation needs and funding sources prepared by the Transportation "Super" Committee appointed by the Orange County Division of the League of California Cities. Said Report and Executive Summary of the Report are available for review in the Office of the City Clerk. Councilman Erskine, Vice -Chairman of the Transportation "Super" Committee presented a verbal report to Council. Following discussion, a motion was made by Winchell, seconded by Green, to approve the recommended strategy plan shown in the Executive Summary of the report on transportation needs and funding sources prepared by the Transportation "Super" Committee appointed by the Orange County Division of the League of California Cities. The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green NOES: Mays ABSTAIN: 'Bannister ABSENT: None (City Council) - THE BOLSA BAY HARBOR & CONSERVATION DISTRICT - SENATE BILL 1517 - (MARIAN BERGESON) - PRE -ANNEXATION DEVELOPMENT AGREEMENT - SIGNAL LANDMARK - DEFERRED The Deputy City Clerk presented a communication from the Deputy City Administrator/Zoning regarding SB-1517 - the Bolsa Bay Harbor & Conservation District and transmitting proposed amendments thereto. A motion was made by Green, seconded by Kelly, to defer consideration of the "Amendments to Senate Bill 1517 as amended in the Senate June 9, 1987" to a future Council meeting. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None Councilman Bannister left the meeting at 11:45 P..m. Page 13 - Minutes of Council/Agency - 11/2/87 ORDINANCES - FOR ADOPTION On motion by Mays, seconded by Finley, Council adopted Ordinance Nos. 2917, 2918, 2919, 2920 and 2921, after reading by title, by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green NOES: None ABSENT: Bannister (City Council) - ORDINANCE NO 2917 - ADOPTED - FIRE DEPARTMENT "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 - ADOPTED - COMMUNITY SERVICES COMMISSION "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 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.) (City Council) - ORDINANCE NO 2919 - ADOPTED - ALLIED ARTS BOARD "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. (City Council) - ORDINANCE NO 2920 - ADOPTED - 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 RELATING TO HUMAN RESOURCES BOARD." (Provides for a two consecutive four year term limitation and expands Board to 18 members) (City Council) - ORDINANCE NO 2921 - ADOPTED - HUNTINGTON BEACH YOUTH BOARD "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 2.108, HUNTINGTON BEACH YOUTH BOARD." (Establishes Youth Board by ordinance and provides for one year terms with a maximum of four consecutive terms) Page 14 - Minutes of Council/Agency - 11/2/87 (City Council) - ORDINANCE NO 2922 - INTRODUCTION APPROVED - CITIZENS' ADVISORY BOARD FOR HOUSING AND COMMUNITY DEVELOPMENT The Deputy City Clerk presented Ordinance No. 2922 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.99 OF THE HUNTINGTON BEACH MUNICIPAL CODE, CITIZENS' ADVISORY BOARD FOR HOUSING AND COMMUNITY DEVELOPMENT." Specifies new term duration, membership from 15 to 11 members and expanded duties to include the review of low and moderate income housing. On motion by Finley, second Kelly, Council approved introduction of Ordinance No. 2922, after reading by title, by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green NOES: None ABSENT: Bannister (City Council) - APPOINTMENT TO HUMAN RESOURCES BOARD - APPROVED - BOUGHTON A motion was made by Finley, seconded by Erskine, to make a determination that the need to take action regarding a Human Resources Board appointment arose subsequent to the agenda being posted as specified in Government Code Section 54954.2. The motion carried by the following roll call vote: 1 AYES: Winchell, Mays, Finley, Kelly, Erskine, Green NOES: None ABSENT: Bannister On motion by Finley, second Erskine, Council appointed Faye Boughton to the Human Resources Board for a four year term to expire September 30, 1991 by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green e NOES: None ABSENT: Bannister REPORT REQUESTED - FUTURE SOIL PROBLEMS CAUSED BY PRESENT EQUESTRIAN LAND USE Councilwoman Winchell requested a report on possible soil problems in the future caused by present equestrian facilities. She cited crumbling foundations caused by extreme acidic conditions of the soil attributed to horse facilities on the property in the past. 6'`7 Page 15 - Minutes of Council/Agency - 11/2/87 1 (City Council) - ENVIRONMENTAL BOARD REQUEST FOR COUNCIL SUPPORT OF AWARDS PROGRAM TO BE ENTITLED "ENHANCING & PROTECTING THE ENVIRONMENT" - APPROVED A motion was made by Finley, seconded by Green, to approve the request of the Environmental Board for Council support in the establishment of an awards program to be entitled "Enhancing and Protecting the Environment". The motion carried unanimously. (City Council) - CITY TREASURER.COMMENDED ON REPORT Councilman Erskine commended the City Treasurer for his quick response with a report on the stock portfolio and action plan. ADJOURNMENT - 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 6 p.m., Monday, November 16, 1987 in Room B-8 in the Civic Center. ATTEST: Alicia M. Wentworth City Clerk/Clerk- Deputy City Clerk/Deputy qflerk 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 BY Deputy Cit Clerk/Depuify Clerk Mayor/Chairman;