Loading...
HomeMy WebLinkAbout1988-01-19MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Tuesday, January 19, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor/Chairman Erskine called the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6 p.m. Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None velonment Aaencv) CLOSED SESSION — WATERFRONT PROJECT Chairman Erskine called a Closed Session of Agency pursuant to Government Code Section 54956.8 to give instructons to the negotiator regarding negotiations with the Robert Mayer Corporation concerning the sale and lease of property located north of Pacific Coast Highway between Beach Boulevard and Huntington Street. Being commonly known as the Driftwood Mobilehome Park and Huntington Beach Inn. And being more specifically identified as Assessor's Parcels 24-250-49, 64, 73 and 74. All located within the Beach —City Sub —Area of Main — Pier Redevelopment Project Area. (RadeveloDment Agen-cv) CLOSED SESSION _MAIN —PIER PHASE I — HUNTINGTON PACIFICA I AND PIERSIDE DEVELOPMENT Chairman Erskine called a Closed Session of Agency pursuant to Government Code Section 54956.8 to give instructons to the negotiator regarding negotiations concerning the sale and lease of property located between :Pacific Coast High— way, 2nd, Walnut and Main Streets. Identified as Assessor's Parcels 24-154-5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 & 16, Assessor's Parcels 24-166-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 & 13. And the property located,on the oceanside of Pacific Coast Highway between Lake and Main Streets, identified as Assessor's Parcel 24-281-14 & 15. All located within the Main —Pier Sub —Area of the Main — Pier Redevelopment Project Area. RECESS — RECONVENE The Mayor/Chairman called a recess of Council/Agency at 6 p.m. The meeting was reconvened at 7 p.m. i 1.21 Page 2 - Minutes Council/Agency - 1/19/88 ADJOURNMENT - COUNCIU 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. ATTEST: Alicia . Wentworth k a k/Clerk Z." Deputy City Clerk/Deputy CpIrk Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the Ci ty Counci 1. of the Ci ty of Huntingt n Beach, California BY: �+�•C. Deputy Cit,,Cl erk/Deputy CA rk t 1 - MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington,Beach, California Tuesday, January 19, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor/Chairman Erskine called the regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Brownie Troop 383 3rd Graders, Mary -`Thomson, Leader. The Pledge of Allegiance was led by Maureen Thomson. The Invocation was given by Eryn Jacinto. LOSS OF PIER REPORTED - UNDERWATER INSPECTION OF PIER AUTHORIZED $20,000 - PROCLAMATION OF LOCAL EMERGENCY APPROVED Max Bowman, Director of Community Services, narrated a videotape of surf action on January 16-17, 1988 that resulted in the loss of the end of the mun- icipal pier. Mr. Bowman described the damage to the beach and the cleanup that would be necessary. Fire Chief Picard stated it would require approxi- mately $4 million for restoration of the pier and that $25,000 was needed for assessment of the damage. i Following discussion, a motion was made by Bannister, seconded by Green, to make a determination that the need to take action on the issue of hiring a consultant to conduct an underwater inspection for damage; to the pier 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: Kelly,,Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Page 2 - Minutes Council/Agency - 1/19/88 A motion was made by Kelly, seconded by Green, to authorize the expenditure, not to exceed.$20,000, to hire a consultant to conduct an underwater inspec- tion of the pier as soon as the weather permits. The motion carried by the following roll call vote: AYES:. Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Councilman Green suggested that staff contact the Army Corp of Engineers and request they schedule a study of the Huntington Beach region as soon as possi- ble. A motion was made by Kelly, seconded by Mays, to adopt the City of Huntington Beach Proclamation Confirming Existence of a Local Emergency and authorized execution by the Mayor and City Clerk. The motion carried by the following roll .call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None PU.B_�I�._�QMMENZ$ Mary .Lp_V __RQs_,.zyk stated her concern regarding SB 1517 (Bergeson) pertaining to the Bolsa Bay Harbor and Conservation District particularly regarding funding for the restoration of the wetlands, a non -navigable ocean channel and funding for fire and police protection. Adrianne Morrison, Thomas Pratte, Loretta Wolfe, Tom West and Dave Schulze opposed SB 15.17 (Bergeson) pertaining to the Bolsa Bay Harbor and Conservation District, Russell Behrns, attorney representing Signal Landmark, stated he was present to answer questions regarding SB 1517 (Bergeson) pertaining to. the Bolsa Bay Harbor and Conservation District. Linda Shue stated her concerns regarding the proposed Huntington Central Park Equestrian Rules and Regulations. Dorothy Grubbs, Doug Longevin and Tom Van Wie stated their concerns regarding locating Pierside Village on the beach after the winter storm and heavy surf caused the destruction of the end of the pier and flooding of the of the pro- posed site of the village. Dean Albright stated he believed excessive money has been expended by the city for settlement of claims and salaries. He commented on the loss of the pier, questioned who would insure Pj,�jsiide Village and commented on the, clean- up of oil tanks on the Terry Buick property. Al Bell, Emilv:Deeter, Fred Armstrong, Mike Nielson, Don Burt, Mike Braun and Bob Mandic praised the Huntington Central Park Equestrian Center and urged Council to adopt the proposed Rules and Regulations. ..24 Page 3 - Minutes Council/Agency - 1/19/88 Susan Hallinan opposed the proposed new rule allowing public access to the Equestrian Center. Natalie Kotsch urged the rebuilding of the Huntington Beach pier. She sug- gested a weekly lottery to raise funds to rebuild the pier. CONSENT CALENDAR - (ITEMS REMOVED) Councilwoman Finley requested that the item pertaining to Loan Program for Jacquelyn Lane and Queens Lane and the item pertaining to a Professional Ser- vices Agreement between the City and Willdan & Associates be removed from the Consent Calendar for separate consideration. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second Erskine, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - Approved and adopted Council/ - Agency minutes of the adjourned regular meeting of January 4, 1988 and the regular meeting of January 4, 1988, as written and on file in the Office of the City Clerk. (City Council) NOTICE OF COMPLETION - TRAFFIC SIGNAL - NEWLAND STREET & INDIANAPOLIS AVENUE - STEINY & CO - CC-673 - Accepted work completed by Steiny & Company related to construction of a traffic signal at Newland Street and Indianapolis Avenue for a cost of $84,000 and authorized the City Clerk to file a Notice.of Completion. WARNER AVENUE WIDENING & RECONSTRUCTION PROJECT - PROFESSIONAL SERVICES AGREEMENT - JOSEPH A HENNESSEY - CC-595 - Approved the selection of Joseph A. Hennessey, consultant to perform real estate appraisal services for acquisi- tion of needed right-of-way on Warner Avenue and approved and authorized exe- cution of an appropriate consultant contract for a fee not to exceed $22,100. Legal descriptions of parcels on file in the City Clerk's Office. Citv Council) RESOLUTION NO 5838 - ADOPTED - VACATION OF A PORTION OF HART - FORD AVENUE - W/O ALABAMA - PUBLIC HEARING SCHEDULED 2/16/88 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES :OVER A PORTION OF HARTFORD AVENUE WEST OF ALABAMA STREET." Page 4 - Minutes Council/Agency - 1/19/88 tCCity_ 4uncil) AUTHORIZATION TO PICK-UP_ ORANGE COUNTY APPORTIONMENT - Autho- rized Donald L. Watson, Treasurer, and Patricia A. Lovelace, Senior Deputy City Treasurer, to personally pick up Orange County apportionment. SCity Cauncil�_ RE L TION OF INTENTION NO 5839 - ADOPTED - AMENDS PERS CON- TRACT - LOCAL SAFETY MEMBERS - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO AMEND THE PERS CONTRACT TO PROVIDE SECTION 20938 FOR LOCAL SAFETY MEMBERS." (City Council) RATIFICATION OF PCTA AMENDMENT TO CONDITIONS OF OPERATION - PCTA RESOLUTION NO 1987-1 - (FOR MEMBER CITY OF STANTON) - Ratified. the action of the Public Cable Television Authority in modifying the Cable Televi- sion Franchise. (1) Allow, with local city council approval, a studio outside the city limits it serves; (2) Rogers must obtain PCTA permission before changing the municipal channel number, and; (3) Rogers must give PCTA 60 days notice of intent to change the number of any other PCTA channel.. In addition, if moving is approved, payment by Rogers of up to $1,000 for expense of a channel change. This Resolution does not affect the Rights of Access Produ- crs _in any city but Stanton. The Stanton City Council has requested said aS 4 n. (City Council) PURCHASE OF SEWER CLEANING MACHINE - BID AWARD - DEW -PAR SALES - Accepted the low bid of Dew -Par Sales & Service in the amount of $139,255.01 for the purchase of a sewer jetting and vacuum truck, rejected all other bids, and. authorized increased funding in the amount of $22,255.01 to effect the purchase.. (City Council) REFUND OF INTEREST EARNINGS TO ORANGE COUNTY TRANSPORTATION COMMISSION - Created an appropriation of $4,350 to refund interest earned in the Gas Tax Fund which was inadvertently sent to the City. (City Council) RESOLUTION NO 5840 - ADOPTED - H B MUNICIPAL EMPLOYEES' ASSN - MOU - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH EMPLOYEES ASSOCIATION." (Redevelopment Agency) LEASE AGREEMENT - D C TERRY BUICK INC & REDEVELOPMENT AGENCY FOR AGENCY OWNED PROPERTY - 112 - 5th STREET Approved and authorized execution of the Lease Agreement between the Redevelopment Agency of the City of Huntington Beach and D. C. Terry Buick, Inc., for Agency -owned property at 112-5th Street to allow Terry Buick to rent facilities back at no rent through May, 1988 and from that time forward to pay rent equivalent to the mortgage payment. (City Council) SUPPLEMENTAL AGREEMENT NO 1 - HUGHES-HEISS & ASSOC INC - RECRUITMENT OF.PUBLIC WORKS DIRECTOR - Approved and authorized execution of Supplemental Agreement No. 1 between the City and Hughes-Heiss & Associates, 4 0> Page 5 - Minutes Council/Agency - 1/19/88 Inc., to provide for the recruitment and selection of a Public Works Director for the City of Huntington Beach. (City Council) RESOLUTION NO 5841 - ADOPTED - VACATION OF A PORTION OF UNUSED R/W - DELAWARE STREET SE OF MAIN STREET - PUBLIC HEARING SCHEDULED 2/16/87 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OF A PORTION OF DELAWARE STREET, SOUTH OF MAIN STREET. (City Council) RELOCATION OF MAIN ENTRANCE TO CITY BEACH PARKING & CAMPING FACILITIES - REQUEST FOR BID PROPOSAL - Directed staff to. prepare a Request for Bid. Proposal for the design and construction of a parking and camping facility entrance and office facility at Huntington Street and renovation of the landscaping and lighting between Lake Street and Beach Boulevard. Counci 1 ma /Di rector Green left the room. (City Council) LOAN PROGRAM FOR JACQUELYN LANE & QUEENS LANE - APPROVED The Deputy City Clerk presented a communication from the Deputy City Admini- strator/Community Development regarding an incentive loan program for property owners of Jacquelyn Lane and Queens Lane which would greatly benefit the South Oakview Neighborhood, protect the investment of the Koledo Lane property own- ers and maintain an enhancement standard set by the Koledo Lane project. Following discussion, a motion was made by Finley, seconded by Erskine, to authorize the Housing & Redevelopment Division to offer the property owners of Jacquelyn and Queens Lanes the following, with the understanding that Council would review the POD Study and review the housing money in terms .of Oakview: (1) Defer Payment Loan for re -stucco of exterior of building and garage, enclosure of carports or reconstruction to enclosed garage on Queens Lane, painting of exterior trim, and on -site landscaping to include sod, shrubbery, and irrigation system. This loan is payable in full plus a one time 6% interest fee when the property is sold or title transferred to other than the owner of record. (2) Six percent (6%) loan for all other improvements, including all repairs necessary to meet the Section & Housing Quality Standards. This loan can be amortized for up to 15 years with monthly installment payments. The motion carried by the following roll call. vote: AYES: Kelly, Finley, Erskine, Mays, Winchell, Bannister NOLES: None ABSENT: Green (out of the room) Councilman/Director Green returned to the room. Page - Minutes Council/Agency - 1/19/88 (City Council) PROFESSIONAL SERVICES AGREEMENT - WILLDAN & ASSOC - ENVIRON- MENTAL IMPACT REPORT FOR GPA REQUEST ON ASCON PROPERTY - SW CORNER MAGNOLIA/- NEWLAND The Deputy City Clerk presented a communication from the Deputy City Admini- strator/Community Development regarding a Professional Services Agreement between the City and Willdan Associates, Inc. to prepare an Environmental Impact Report on the Ascon Property General Plan Amendment request. A motion was made by Finley, seconded by Kelly, to approve and authorize exe- cution of the Professional Services Agreement between the City and Willdan Associates, Inc., for Environmental and Planning Services to.pre.pare an Envi- ronmental Impact Report as required by the California Environmental Quality Act to analyze the potential impacts of the Ascon Property General Plan Amend- ment request and to direct staff to include a complete study on the contents of the mud dump in the Environmental Impact.Report. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) HUNTINGTON CENTRAL PARK EQUESTRIAN RULES & REGULATIONS = APPROVED AS AMENDED The Deputy City Clerk presented a communication from the Community Services Director transmitting proposed rules and regulations for the Huntington Cen- tral Park Equestrian Center. The Community Services Director presented a staff report. Councilwoman Winchell reported on the amendments to the Rules and Regulations as recom- mended by the Equestrian Ad Hoc Committee. A motion was made by Kelly, seconded by Mays, to approve the Huntington Cen- tral -Park Equestrian Center Rules and Regulations, as set forth in "Exhibit A" of the December 23; 1987 RCA, amended General Rules as follows: 3. Dogs in Equestrian Center must be on a six foot leash. 8. Parking on concrete parking lots.only. Extra parking will be designated during scheduled shows. 9. No motorized vehicles on dirt surfaces unless loading or unloading horses and/or equipment. 17. Arenas 1, 2 and 3 exclusi.vely for training and jump work (no lunging or turnouts). 18. Arena 4 and 5 for all boarders (no lunging or turnouts). Arena A prior- ity to riding school use; open to all boarders when not being used for lessons. Arena B and C for riding, lunging or turnouts; riders have priority; fifteen minute turnout limit; open to all boarders. Arenas D, E and F for lunging or turnouts; open to all boarders. Page 7 - Minutes Council/Agency - 1119/88 20. All persons�to conduct.themselves in a quiet, orderly manner. and amended Operational Rules as follows: 2. All fees and rules shall be posted in the office for public viewing. 3. Management must provide to prospective boarders prior to rental a written list of services and facilities included in the boarding fee and of optional services and facilities with fees. 4. All fees. and rules must have city approval. 8. Equestrian Center to provide city with a copy of the waiting list on a monthly basis along with the current boarder list. 11. Management and employees to conduct business in a quiet, orderly manner and maintain a positive, professional image; no profanity or abusive language. 13. Employees must wear identification badge or patch indicating name and ,number. The motion carried by the following roll call vote, with Councilmembers Winchell and Finley stating for the record they objected to General Rules 17 and 18, as amended; the vote was as follows: AYES: Kelly, Green, Erskine, Mays, Bannister NOES: Winchell, Finley ABSENT: None Following discussion, it was the consensus of Council that.wording to esta- blish a grievance procedure in the Huntington Central Park Equestrian Rules and Regulations would be returned to Council for consideration. (City Council) PROPOSED AMENDMENTS TO SB 1517 - (BERGESON) AMENDMENTS APPROVED AS AMENDED - THE BOLSA BAY HARBOR & CONSERVATION DISTRICT The City Administrator informed Council/Agency that they had been provided with copies of a communication from James Palin, Deputy City Administrator/ - Zoning Administrator and Richard Barnard, Assistant to the City Administrator regarding the Bolsa Bay Harbor and Conservation District - SB 1517 (Bergeson). Mr. Palin presented Section 119.7 for Council/Agency consideration. Catherine Stone, representing Burke, Williams and Sorenson, city consultant, recommended that the second sentence be deleted from the amendment. Following discussion, a motion was made by Mays, seconded by Green, to approve Section 119.7, as amended, to read as follows: Section 119.7. PROJECT PROPONENT: Project proponent for the purpose of this act shall be a person, firm, corporation, partnership, association, or public agency who proposes to develop or causes to develop real property into resi- dential, commercial or a small craft harbor pursuant to the Bolsa Chica Land Use Plan when certified. 2 Page 8 - Minutes Council/Agency - 1/19/88 The motion carried by the following roll call vote: AYES: Kelly,.Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Mr. Palin presented Section 140(g) for Council/Agency consideration. Discussion was held between Council/Agency, staff and Ms. Stone regarding the Mello -Roos act. Following discussion, a motion was made by Erskine, seconded by Kelly, to approve Section 140(g) to read as follows: Section 140(q). To accept advances of funds or work -in -kind from any source including, but not limited to, private persons., or entities, and may provide, by resolution, for the use of those funds or work -in -kind for wetlands restor- ation, for major Public Works and Public Facilities, as defined herein; to enter into agreements by resolution with the person or entity advancing the funds or work -in -kind, to repay all or a portion of the funds advanced or to reimburse for the cost of the work -in -kind, with or without interest as deter- mined by the Harbor Commission. Except as otherwise specified in this subsec- tion (g), the reimbursement agreement shall comply with the requirements of Section 53314.9 of the Government Code (Mello -Roos Act). The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: Bannister ABSENT: None Mr. Palin presented Section 400 and Section 401 for Council/Agency considera- tion. Following discussion, a motion was made by Green, seconded by Kelly,. to approve Section 400, as amended, to read as follows: Section 400. The district shall be responsible for securing funds to imple- ment and carry out the wetlands restoration plan. Additional funds for implementing and plan shall be secured from assessments, ties, including, but not limited to, slips, wharfage and on other property Land Use Plan as defined in Section 115. carrying out the wetlands restoration fees or charges on property or activi- harbor commercial uses, marina uses, and activities within the Bolsa. Chica To provide assistance to carry out this function, the district may seek con- tribution from other governmental agencies, persons or entities and to enter into contracts with federal, state, local agencies and project proponents or others .to secure funds for the wetlands restoration plan. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister 13�,(VOES: None i BSENT: None Page — Minutes Council/Agency — 1/19/88 Mr. Palin, presented Section 401.for Council/Agency consideration. _$QLJ1Qn 401 . The di.stri ct shall enter into an agreement with the State Lands Commission and the Department of Fish and Game, the owners of any lands within the district,. any agency or organization managing the wetlands, and the pro— ject proponents to take any and all actions agreed upon to implement wetlands restoration, provide secure funding sources for wetlands restoration and main— tenance in perpetuity, and to exercise all of its powers set forth in this act to ensure complete restoration of the wetlands by implementing the wetlands restoration plan in compliance with the Bolsa Chica Local Coastal Program, when certified. Mr. Palin presented Section 409(a) for Council/Agency consideration. Following discussion between Council/Agency, a motion was made by Green, seconded by Erskine, to approve Section 409(a), subject to concurrence by the Chairman of the Assembly and Senate Natural Resources Committee, as follows: Section 409(a). (a) There shall be a minimum of 915 acres of high quality, fully functioning wetlands and 86.8 acres of environmentally sensitive habitat areas (ESHA) created or restored onsite in the Bolsa Chica study area, as required by the Bolsa Chica Land Use Plan dated December 1985, and condition— ally certified by the Coastal Commission. Development in the wetlands area shall occur in phases with phased restoration preceding phased development in conformance with the Wetlands Restoration Plan prepared as part of the Bolsa Chica Local Coastal Program and with the biological resources management com— ponents policies of the Bolsa Chica Land Use Plan. (b) In addition to requirements of the certified Bolsa Chica Local Coastal Program, and before any commercial, residential or harbor development in the lowlands is commenced, the district shall have received from project pro— ponents funds for deposit as an up front contribution of $12,000,000 in 1988 dollars adjusted for inflation into the Wetland Restoration Fund (700b); including funds received pursuant to Section 410. In lieu of a $12,000,000 cash deposit, such lowland development may be commenced upon issuance to the district on behalf of the project proponents by a good and sufficient surety for the sum of $12,000,000, less amount on deposit pursuant to Section 410. The funds on deposit shall be used to pay for a portion of the cost of crea— tion or restoration of the wetlands pursuant to the agreement with the State Lands Commission, Department of .Fish and Game, Landowners, Agency or organiza— tion managing the wetlands and any project proponent as defined in Section 119.7 of this act. Restoration of wetlands shall proceed in accordance with Section 411 and-412 of this act. (c) Upon completion of the Wetland Restoration Plan as required under 409(a) of this act and prior to certification of the plan by the California Coastal Commission the calculations and estimated cost for the implementation of the plan shall be presented to the Department of Fish and Game for approval. (d) If the- estimated Wetland Restoration cost as approved by the Department of Fish and Game exceeds the $12,000,000 up front contribution provided by project proponents, each residential and commercial unit constructed in the lowlands of the planning area by the original builder shall as a condition of being granted development rights exact from each unit as a condition of sale as equal share of a sum equal to the difference between the $12,000,000 up, front contribution for wetland restoration and the approved cost estimate by - the Department of Fish and Game. .Page 10 - Minutes Council/Agency - 1/19/88. (e) The funds deposited in the wetlands restoration fund pursuant to subsec- tion (b) herein, other than amounts deposited pursuant to section 410, shall be subject to reimbursement to the extent paid by an project proponent pro- vided there are sufficient funds on hand to complete the restoration after deduction of the amount to be reimbursed. (f) In the event there.are funds remaining after completion of restoration and reimbursement pursuant to subsection (e), the remaining funds shall be placed in the wetlands maintenance and operation fund (700c). Should there be any further shortfall in the amount needed for complete restoration, the dis- trict shall exercise its powers to raise sufficient funds to complete the restoration. The motion carried by the following roll call vote: AYES: Kelly, Green,.Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Councilman Kelly stated his concern that a portion of the 86.8 acres of environmentally sensitive habitat areas fall within land under city jurisdic- 'tion and is owned by various property owners. Mr. Palin presented Section 411. and Section 412 for Council/Agency considera- tion. Following discussion,- a motion was made by Erskine, seconded by Green, to approve Section 411, as amended, and Section 412, as presented, to read as follows: Section 411. Prior to any residential, commercial, or small craft harbor development in the wetlands located in the district, a wetland area no less than one and one-half times the size of the wetland area no less than one and one-half times as large as the wetland area proposed for development shall be created within the district. This condition of development shall remain in effect until such time as sixty-three (63) more acres of wetlands have been created than that wetland acreage which will be lost to development. In no case shall the area of the final phase of development be less in size than one-third of the final .wetland restoration area. At no time shall there be less than 852 acres of wetlands on site unless agreed to by the City, County, Coastal Conservancy and Department of Fish and Game, in consultation with affected landowners. Section 412. Where wetlands acreage above 852 acres, as defined in the December 1985, Bol sa Chi ca Local Coastal Land Use Plan is to be restored, but land within the designated wetlands restoration areas is unavailable, interim onsite or offsite restoration may be accomplished with a higher priority for on -site restoration. If inte.rim offsite restoration is chosen., it shall be completed only if all of the following exist. (a) Two acres shall be restored for each acre lost. (b) At the earliest feasible opportunity, but in no case later than the final phase of development, the restoration shall be completed onsite. Page 11 - Minutes Council/Agency - 1/19/88 (c) Upon replacement of interim offsite restored wetlands with the required onsite restored wetlands, the interim offsite wetlands shall be perma- nently maintained and protected. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister. NOES: None ABSENT: None Mr. Palin presented Section 415 for Council/Agency consideration. He informed Council that he had discussed this section with Curt Fossum, on the legal staff for the State Lands Commission. A motion was made by Mays, seconded by Kelly, to approve Section 415 to read as follows: Section 415. The State Lands Commission, the Department of Fish and Game or any public agency holding title to the wetlands, or agency or organization managing the wetlands pursuant to Section 400, and the district shall enter into a joint powers or other agreement for each of their respective parcels of property within Bolsa Chica. The agreement shall provide for, among other things, the ongoing maintenance and preservation of the restored wetlands; the allocation of money and revenue collected from district and state lands; the provisions of services by the district to benefit state lands; and the operation and maintenance of the har- bor facility. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Mr. Palin presented Section 509(a) for Council/Agency consideration. Following discussion, a motion was made by Kelly, seconded by Mays, to approve Section 509(a); as amended, to read as follows: If an ocean entrance is authorized and constructed, the district shall be responsible for and shall maintain the ocean entrance and the sand supply to the beaches within the littoral cell from Anaheim Bay to Newport Bay so that the beach width and profile, taking into account normal seasonal changes, does not vary from the range of the beach width and profile existing prior to the construction of the ocean entrance. Upon creation of the district, the State Lands Commission shall make an initial determination of the range of the beach width and profile. which represents normal seasonal change, taking into account historical shoreline positions and prior sand replenishment activities. The State Lands Commission shall monitor the width and profile of the beach on a seasonal basis and report its findings to the city of Huntington Beach, the county of Orange, District, and California Department of Parks and Recreation, the California Coastal Commission and the U. S. Army Corps of Engineers. The District shall then take necessary and appropriate action to insure the beach continues to be maintained consistent with the criteria of the Corps and;; 33 Coastal permits. Page 12 - Minutes Council/Agency - 1/19/88 (b) The district shall provide funding to the State Lands Commission for such studies and surveys as may be necessary for the determinations specified in subparagraph (a). (c) The district shall provide secure funding for the maintenance of the sand supply to the beaches as specified in paragraph (a) prior to construction of an ocean entrance. (d) In addition, the district, shall participate prorata in the existing or any modified or new. federal sand replenishment program and shall be totally responsible for any increase inthe costs of the sand replenishment program which is attributable to the ocean entrance. (e) The district shall also be responsible for the cost of maintenance and operation of any sand bypass systems if required to transfer sand from either side of the navigable ocean entrance and any structures necessary to protect the beaches from sand loss. (f) Consistent with the other provisions of this act, to fulfill its respon- sibilities under this section, the district may seek funding from any source. (g) Nothing in this section shall relieve the project proponent, landowner, sponsor, developers or any other person from liability for any damages result- ing from interference with littoral processes or from their obligations to mitigate any impacts of an ocean entrance on the beaches as set forth in the certified Bolsa Chica Local Coastal Program. (h) Nothing in this section shall relieve any federal, state or local agency of its existing responsibility to participate in.any sand replenishment acti- vities. AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Mr. Palin presented Section 703 for Council consideration. Discussion was held regarding the amount of money to be maintained in the wet- land maintenance fund and the role of the Department of Fish and Game. Ms. Lorraine Faber informed Council regarding staffing and work crews needed to maintain the existing wetlands. A motion was made by Mays, seconded by Green, to approve Section 703, subject to concurrence by the Department of Fish and Game, to read as follows: Section 703. By September 15 of each year, the commission shall adopt the final budget, which shall include the preferential funding for wetlands opera- tion and maintenance specified in Section 700 (c) from the general fund. The district shall appropriate annually a minimum of $150,000 for wetlands opera- tion and maintenance fund; any surplus from this fund shall be placed in a capital reserve fund for emergency use until such fund has reached one million dollars after which time the interest accrued may be used each year to off -set the annual appropriation for operation and maintenance activities.. . Page 13 - Minutes Council/Agency - 1/19/88 The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Mr. Palin presented Section 792 for Council/Agency consideration'. Following discussion, a motion was made by Mays, seconded by Erskine, to approve Section 792 to read as follows: Section 792. Subject to the provisions +of Sections 140(g), 149, 304.5, 754 and 799 and any other provision or limitation of this act, as well as a requirement that the liquidation of the bonds sold pursuant to this provision shall be on a benefit ratio received from the facilities constructed, the dis- trict may issue bonds pursuant to Section 53345 et seq. of the Government Code (Mello -Roos Community Facilities District Act of 1982, as amended, the provi-. sions of this act shall prevail. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None In response to an inquiry by Mays, Mr. Behrns, representing Signal Landmark stated that Signal agreed in concept with the amendments as presented, but that there may be technical changes which Signal would present to Council for review. Mr. Palin informed Council/Agency that staff had been informed by Senator Bergeson's office that the hearing on the bill had been postponed to a later date that, has not yet been established. A motion was made. by Bannister, seconded by Erskine, to authorize the City Administrator to begin negotiations with Signal on a reimbursement agreement to cover the City's cost on SB 1517 and an annexation/development agreement. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None. ABSENT: None A motion was made by Erskine, seconded by Green, to schedule a public hearing date agreeable to Council. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None A motion was made by Green, seconded by Mays, to schedule a public hearing on SB 1517 (Bergeson) pertaining to the Bolsa Bay and Harbor Conservation Dis- trict for Thursday, February 11, 1988 at 7 p.m. in the Council Chamber. The motion carried by the following roll call vote: x Page 14 - Minutes Council/Agency - 1/19/88 AYES:, Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT.: None (Redevelopment Agency)_ CONTRACT OF SALE - APPROVED - ACQUISITION OF DALTON PROPERTY AUTHORIZED - HUNTINGTON CENTER PROJECT AREA - ALDRICH/PARKSIDE A motion was made by Bannister, seconded by Kelly, pursuant to Government Code Section 54954.2(b)(2) that the Redevelopment' Agency of the City of Huntington Beach determine that the need to take action on "The Agreement for the Sale of Real Property between William 0. Dalton, Dearine N. Dalton and the Redevelop- ment Agency of the City of Huntington Beach" arose subsequent to the Agenda being posted. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None A motion was made by Kelly, seconded by Bannister, to take the following actions: 1. Authorize repayment of Agency's debt from existing Huntington Center Redevelopment Project Area tax increment (balance approximately $940,000) - the amount of $574,000 to the city. 2. Authorize the city to readvance $574,000 to the Agency (Huntington Center Project Area) for property acquisitions within the project area; 3. Appropriate $750,000 for acquisition of land using $176,000 previously advanced for land acquisition plus the new advance of $574,000; and 4. Approved the purchase agreement between William D. Dalton and the Rede- velopment Agency of the City of Huntington Beach for the subject parcel in the amount of $750,000. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None .(Redevelopment Agency) RELEASE AND ASSIGNMENT AGREEMENT - APPROVED - CUNNING- HAM-BARISIC DEVELOPMENT CORP A motion was made by Erskine, seconded by Kelly, pursuant to Government Code Section 54954.2(b)(2) that the Redevelopment Agency of the City of Huntington Beach determine that the need to take action on "The Release and. Assignment Agreement between Cunningham-Barisic Development Corporation and the Redevel- opment Agency" arose subsequent to the Agenda being posted. The motion car- ried by the following roll call vote: l AYES: Kelly, Green, Finley,.Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Page 15 - Minutes Council/Agency - 1/19/88 A motion was made by Erskine, seconded by Kelly, to approve the Release and Assignment Agreement between Cunningham-Barisic Development Corporation and the.Redevelopment Agency. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) ZONE CHANGE 87-11 - APPROVED - ORD NO 2927 - INTRODUCTION APPROVED - SW CORNER TALBERT/KOVACS The Mayor announced that this was the day and hour set for a public hearing to consider Zone Change No. 87-11, a request from Paul Weatherly for a change of zone from MI -A (Restricted Manufacturing) to (Q) M1 (Qualified -Light Indus- trial) on a two (2) acre site located at the SW corner of Talbert Avenue and Kovacs Lane. The Mayor stated that Negative Declaration ##87-37 assessing the environmental effects of said zone change will also -be considered by the City Council. The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communica- tions or written protests to the matter. The Deputy City Clerk presented Ordinance No. 2927 for Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH. AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM RESTRICTED MANUFACTURING DISTRICT TO QUALIFIED LIGHT INDUSTRIAL DISTRICT TO REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF TALBERT AVENUE AND KOVACS LANE (DISTRICT MAP NO. 39)." The Deputy City Administrator/Community Development presented a staff report. Discussion was held between Council and staff regarding the uses permitted under the zone change. 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 Kelly, seconded by Mays, to approve Negative Declaration No. 87-37, approve Zone Change 87-11 and, after reading by title, approve introduction of Ordinance No. 2927. The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine_,_Mays, Bannister, NOES: Finley, Winchell ABSENT: None 1 Page 16 - Minutes Council/Agency - 1/19/88 (City Council) ORDINANCE NO 2925 - ADOPTED - PUBLIC LIBRARY -GENERAL PROVI- SIONS The Deputy City Clerk presented Ordinance No. 2925 for Council considera- tion "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.84.020 AND ADDING SECTION 2.84.090 RELATING TO PUBLIC LIBRARY - GENERAL PROVISIONS." - (Brings Library Board into conformance with Council established operating policy for advisory groups) On motion by Mays, second Kelly, Council adopted of Ordinance No. 2925, after reading by title, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) ORDINANCE NO 2926 - ADOPTED - PERSONNEL SYSTEM The Deputy City Clerk presented Ordinance No. 2926 for Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.72.060 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PERSONNEL SYS- TEM." (Exempts Personnel Commission from limitation of terms) On motion by Mays, second Kelly, Council adopted Ordinance No. 2926, after reading by title, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) CAMPAIGN CONTRIBUTION ORDINANCE - REPORT REQUESTED Following discussion; a motion was made by Green, seconded by' Finley, to direct the City 'Attorney to research the definition of Political Action Com- mittee (PAC) and review state law regarding, the registration of local lobby- ists and any organization that makes independent contributions and expendi- tures without the approval of the candidate. The motion carried by the fol- lowing roll call vote: AYES: Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Kelly ABSENT: None (City Council) MANAGED GROWTH COMMITTEE Mayor/Chairman Erskine presented a verbal status report on the Managed Growth Committee. 1 Page 17 - Minutes Council/Agency - 1/19/88 (City Council) EMERGENCY APPOINTMENT OF PLANNING COMMISSIONER - BOURGUIGNON - APPROVED A motion was made by Mays, seconded by Kelly, to make an emergency appointment under the Maddy Act of Kenneth Bourguignon to the Planning Commission. The motion carried by the following roll. call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None 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 a joint meeting with the Planning Commission at 6 p.m., Monday, January 25, 1988 in the Council Chamber, Civic Center. 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 C'ty Clerk/Clerk. BY: Deputy City Clerk/Deputy Cle BY: . Deputy City Clerk/Deputy Cler • Mayor/Chairman