HomeMy WebLinkAbout1988-03-07Orar
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MINUTES
CITY COUNCIL/REDEVELOPMEN AGE� Y
G�ounc�Chamber, City Hall
Huntington Beach, California
Monday, March 7, 1968
A taps recording of this meeting is
on file in the City Clerk's Office
Mayor Erskine called the Adjourned Regular meeting of the City Council of the City of
Huntington Beach to order at 6 p.m.
Present: Kelly, Green, Finley, Erskine, Mays, Winehell, Bannister
Absent: None
Mayor Erskine called a Closed Session of Council to meet with its designated
representatives regarding labor relations matters pursuant to Government Code
Section 54967.6 (Police Officers Association, Police Management Association,
Firemens' Association); and pursuant to Government Code Section 54956.9(a) to
confer with its attorney regarding pending litigation which has been initiated
formally and to which the city is a party. The title of the litigation is
Butler vs. City of Huntington Beach - USDC Central District No.
,CV-87-6031-JSL(Kx).
The Mayor called a recess of Council at 6:10 p.m. The meeting was reconvened
at 7 p.m.
Ad�OURNMENT
Mayor Erskine adjourned the regular meeting of the City Council of the City of
Huntington Beach.
ATTEST:
AlJd a M. Wentworth
City Clerk
By
Deputy City Clerk
_ Alicia M. Wentworth_ _
City Clerk and ex-officlo Clerk
of the City Council of the City
of Huntington Beach, California
Depu City ler
'Mayor
29-1 •.
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, City Hall
Huntington Beach, California
Monday, March 7, 1988
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Erskine called the regular meeting of the City Council and the Redevel-
opment Agency of the City of Huntington Beach to order at 7 p.m.
ROLLCALL
Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
Absent: None
The Flag Ceremony was conducted by Girl Scout Jr. Troop 1284 Hawes Elementary
School, Jayne Bellanca, Leader, Barbara Craft, Co -Leader. The Pledge of Alle-
giance was led by Lindsay Galbraith. The Invocation was given by Toni Mizerek.
NCILLAGENCY ROLL CALL
Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
Absent: None
Linda Shue stated that Arenas A, B and C. which had been designated for use by
the boarders, had been bulldozed and replaced at half their previous size.
She made various complaints against the concessionaire.
CAthy Edmundson stated that she believed that Council had been provided with
faulty information regarding equestrian facilities at the Orange County fair-
grounds. She described facilities in other cities. Ms. Edmundson stated that
she had been on the receiving end of harassment and verbal abuse by management
and employees of the Center since she made her complaints regarding the facil-
ity.
Mary Harris, concessionaire of Huntington Central Park Equestrian Center,
requested that the Rules and Regulations for the Center be amended to prohibit
dogs at the Center.
Ann Spjggei stated that she wrote to Senator Bergeson requesting that SB 1517
be dropped. She distributed copies of a magazine article featuring wetlands
and described an organization that buys and preserves wetlands.
wPoe w
Page Z Council/Agenty Minutes - 3/7/88
Tom Van Wie urged Council to televise all Council and Agency meetings that are
not closed sessions.
Barbary Mi kovich stated that the Historical Society was sponsoring a work-
shop on preservation of the downtown area. She requested Council assistance
in preserving the "little blue church" at llth Street and Pecan Avenue, per-
haps relocating it to the Talbert house site or in a park. She suggested that
it could be used as a wedding chapel.
Susan Viai1 proposed an ordinance banning dogs at pick-up points at schools.
DaXg Sbulzlk stated that he supported slow growth in Huntington Beach. He sug-
gested that people who use roads should pay for them.
Lois Eiger stated her complaints regarding the Seabridge project as being dif-
ferent than the agreement originally reached by Council, developers and citi-
zens.
Qgrgthy Grubbs stated her opposition to SS 1517 (Bergeson) and suggested a
bond issue to purchase and preserve the wetlands.
Guy Guzzardo stated that the parcel of land the city was considering acquiring
at 3rd and Sth Streets from Frances Hines held an authentic beach cottage and
should be preserved, perhaps relocated.
Doug LAngemin stated he believed the item pertaining to the realignment of bth
Street between Orange Avenue and Main Street should be deferred to allow time
for review of the circulation plan. He requested clarification on how the
proposed appraisal and acquisition for parcels in the second block between
Main and Sth Streets meshed with the Facade Improvement Plan.
r1gy Carey presented a copy of a press release to the Deputy City Clerk
regard ng the proposed Orange County ordinance revising animal control regula-
tions. She stated her concerns regarding vicious dogs and requested Council
Input to the county before the Orange County Supervisors meeting scheduled for
March 15, 1988.
Dick Dusterhgft presented an informal petition, listing approximately forty
names, to the Deputy City Clerk. The petition requested Council support in
solving problems created by Huntington Beach High School students parking on
residential streets in the neighborhood bounded by Main Street to Pine Street
and from Utica to West Springfield, including Park Street. He cited litter,
prevention of street sweeping and taking up parking spaces. He requested
parking permits for residents of the neighborhood.
The City Administrator informed Mr. Dusterhoft that staff would contact him to
advise him of the procedures to follow to obtain residential parking permits.
Evelyn Shako, representing Collins -Zweibel, requested Council to direct the
City Attorney to clear the title on property located at Beach Boulevard and
Talbert Avenue.
The Mayor referred to matter to staff.
WISEKT GLE,NDAR - 4lTEMS REMc O)
= Councilwoman Winchell requested that the following items be removed from the
Consent Calendar for separate discussion: Proposed acquisition of property
Page 3 - Council/Agency Minutes - 3/7/88
located at Olive and Fifth Street (Caroline Burnes); Realignment of 6th Street
between Orange Avenue and Main Street; Huntington Central Park Equestrian Cen-
ter Rules and Committee Formulation; Proposed acquisition of property located
at 3rd and Sth Streets (Frances Hine) Acquisition of property in the second
block between Main and 5th Streets.
On motion by Kelly, second Bannister, Council approved the following items, as
recommended, with Councilman Bannister abstaining from voting on the minutes
of the Council/Agency Special Meeting held February 16, 1988, by the following
roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchetl, Bannister
NOES: None
ABSENT: None
- Approved and adopted Council/Agency
minutes of the regular meeting of February 1, 1988 and Council/Agency Special
Meeting of February 16, 1988, as written and on file in the Office of the City
Clerk. Councilman Bannister abstained from voting on the minutes of the Coun-
cil/Agency Special Meeting held February 16, 1988.
(SUI CoUnci_l) MPUIER MAINTENANCE-MEEM# NI - RFACH COMPUTER SERVICES
= - Approved and authorized execution of an Agreement For Computer Mainte-
nance Service between the City and React Computer Service Corporation for
annual maintenance of computer hardware for a cost not to exceed $70,335.
- in rnuu nF�n --
- Approved plans and
specifications and authorized the Department of Public Works to advertise for
bids for traffic signal modification at the intersection of McFadden Avenue
and Springdale Street - (signalsL IUAting. eMergencyv hi 1e pre-emption
ggUlpment._ access ramos and pavement Markings).
r 1t LL rug
BI�s - CC-708 - eAJI - Approved plans and specifications and authorized
the Department of Public Works to solicit bids for the installation of traffic
signal controllers, cabinets and hardware at approximately fourteen locations
in the City.
- n r u- ni Gv i 1 RL r K r[
E �,. FUNDING - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENT'S;
TO OBTAIN FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIC DEFENSE ACT OF 1950, AS
AMIENDED.11 (City Adminjstrator/Fire Chi of/F1 na ce Di„rector/EmerglDsy Services
- Approved and authorized execution of an agreement between the City
and John and Alice Gustafson and Mary Beth Gustafson -Downey for the concession
in Huntington Central Park - "Breakfast in the Park" located in a city -owned
structure located at Huntington Lake.
Page 4 - Council/Agency Minutes - 3/7/88
Authorized the acquisition of the Terry Buick Shop property (AP #024-147-34)
in the amount of $315,000; accepted grant deed from Robert C. Terry and
approved and authorized execution of the Agreement For Acquisition of Real
Property Between the Agency and Robert C. Terry which includes the points
included in the RCA dated March 7, 1988.
bitween the Redevelopment Agency and Robert
appraisal services to facilitate the design,
the parking structure north of the pier, no
t
Anson Steel' Association for
construction and completion
to exceed a cost of $5,000.
of
Approved and authorized execution of Amendment No. 1 to Agreement For Acquisi-
tion Consulting Service Between the Agency and John Cutler & Association for
property acquisition services in the Main Pier Project Area.
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Administrative Services regarding an appropriation for settlement with
the Municipal Employees' Association.
A motion was made by Kelly, seconded by Bannister, to approve appropriation of
$214,500 from the Unappropriated fund balance, as shown on the Financial
Impact Statement dated January 28, 1988 to effectuate the settlement agreement
in the case of the Huntington Beach Municipal Employees Association vs.
Charles Thompson, et al.' The motion carried by the following.roll call vote:
AYES: Green, Finley, Erskine:, Mays, Winchell, Bannister
NOES: Kelly
ABSENT: None
The Deputy City Clerk presented a Communication from the Acting Director of
Public Works regarding the Commodore Circle Rehabilitation Project.
A motion was made by Kelly, seconded by Mays, to approve the plans and speci-
fications for the rehabilitation project for public improvements on Commodore
Circle and authorize the Department of Public Works to solicit bids for con-
struction. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell
NOES: Bannister
ABSENT: None
L
Page 5 - Council/Agency Minutes - 3/7/88
"I
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Community Development regarding authorization for the acquisition and
approval of the contract of sale for parcel (APN 24-147-01) owned by Caroline
Burnes in the Main -Pier Redevelopment Project Area.
Following discussion, a motion was made by Winchell, seconded by Kelly, to
authorize the acquisition of structure and property (AP # 24-147-01) in the
amount of $285,000; accept Grant Deed from Caroline Burnes and approve and
authorize execution of the Agreement For Acquisition of Real Property between
the Redevelopment Agency and Caroline L. Burnes which Includes points as set
forth in the RCA dated March 7, 1988. The motion carried by the following
roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
The Deputy City Clerk presented a communication from the Acting Director of
Public Works regarding the realignment of 6th Street between Orange Avenue and
Main Street.
Following discussion, a motion was made by Winchell, seconded by Green, to
continue consideration of the proposed realignment of 6th Street between
Orange Avenue and Main Street to March 21, 1988 to allow councilmembers to
review concerns regarding circulation. The motion carried by the following
roll call vote:
AYES: Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: Kelly
ABSENT: None
The Deputy City Clerk presented a communication from the Director of Commun-
ity Services regarding the Huntington Central Park Equestrian Center Rules and
Committee formulation.
Councilwoman Winchell stated that It was the intent of the Equestrian Ad Hoc
Committee that Equestrian Management and members of the Community Services
Department would be non -voting members of the proposed Equestrian Center Com-
mittee.
A motion was made by Winchell, seconded by Mays, to approve that Equestrian
Center Rules and Regulations General Rule 03, "Dogs must be on.a.six-foot
leash", is to be administered based on S. 7.04.010 of the Huntington Beach
Municipal Code, which adopts the Orange County ordinances regarding animal
control (Article 2, Section 4-1-45). The motion carried by the following roll-`_-_-
call vote:
Page 6 - Council/Agency Minutes - 3/7/88
AYES: Green, Finley, Mays, Winchell, Bannister
NOES: Kelly, Erskine
ABSENT: None
A motion was made by Winchell, seconded by Mays, to modify the boarders repre-
sentation section of the Equestrian Center Committee utilizing one representa-
t1've for up to twenty boarders in a given cluster of stalls and a second
representative for clusters that contain up to forty boarders, with the under-
standing that representatives of the Huntington Central Park Equestrian Center
management and representatives of the Community Services Department would be
non -voting members of the Committee. The motion carried by the following roll
call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
The Deputy City Clerk presented a communication from the City Administrator
regarding authorization for the acquisition and approval of the contract of
sale for parcel (APN 24-148-20) owned by Frances D. Hine.in the Main -Pier
Redevelopment Project Area.
A motion was made by Winchell, seconded by Kelly, to authorize the acquisition
of structure and property (AP #24-148-20) in the amount of $150,000; accept
grant deed from Frances Hine and approve and authorize execution of The Agree-
ment For Acquisition and Real Property Between the City and Frances D. Hines
which includes the points as set forth in the RCA dated March 7, 1988. The
motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ASSENT: None
FOR APPRAISAL & ACDUISITION FOR PAR
4
The Deputy City Cleric presented a communication from Doug LaBelle, Deputy City
Administrator/Community Development, regarding authorization for appraisals
and acquisitions for parcels in the second block between Main and 5th Streets
In the Main Pier Project Area.
In response to a request by Councilwoman Winchell, Mr. LaBelle stated for the
record that the intent of the appraisals and acquisitions of parcels in the
second block between Main and 5th Streets was for willing sellers and to
accommodate relocations as needed from elsewhere in the project area and for
no other purpose such as consolidation.
I.
1
Page 7 - Council/Agency Minutes - 3/7/88
A motion was made by Winchell, seconded by Kelly, to authorize appraisal and
negotiations for acquisitions on Main Street and 5th Street comprising the.
second block of the Fain -Pier Project Area not already authorized for apprai-
sals and acquisitions pursuant to the map attached to the RCA dated March 7,
1988. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
The Deputy City Clerk presented a communication from James Palin, Deputy City
Administrator, recommending that the city enter into a consultant agreement
for a technical review committee comprised of three experts in the field of
coastal engineering and coastal processes to advise the city on the Army Corps
Engineers report on the ocean entrance across the beach area of Bolsa Chica,
Discussion was held between councilmembers who differed in opinion that there
was a need for a Bolsa Chica Ocean Entrance Technicial Review Committee.
Public Q=nts - Bolsa Chica Qcean Entrance Technical Review Committee
Dave Shulze scheduled his opposition to the city spending $30,000 for a tech-
nical review committee.
A motion was made by Green, seconded by Finley, to authorize the preparation
of a consultant agreement in an amount not to exceed $30,000 for a technical
review committee to be funded from the unappropriated fund and appropriate
$30,000 to cover the cost of the consulting work. The motion carried by the
following roll call vote:
AYES: Green, Finley, Erskine, Mays, Winchell
NOES: Kelly, Bannister
ABSENT: None
The Deputy City Clerk presented a communication from Jim Palin, Deputy City
Administrator/Zoning recommending that the city enter into an agreement with
Ascon Properties, Inc., whereby the City would serve as coordinator of the
remedial investigation (characterization) of the Aston Landfill site, subject
to reimbursement of all costs incurred.
In response to questions by Councilwoman Finley, Mr. Palin stated that a meet-
ing of the Ascon Committee was scheduled for March 23, 1988 to discuss the
Issue.
In response to inquiry by Councilman Green, Mr. Palin stated that the City of'.
Huntington Beach was designated as Coordinator and was not the lead agency on
the Ascon Project, Councilwoman Winchell requested a flow chart of actions,
lead agencies, timeline and costs of the project.
Page 8 - Council/Agency Minutes - 3/7/88
A motion was made by Finley, seconded by Kelly, to direct staff to prepare an
agreement between the City and Ascon Properties, Inc. whereby the city would
serve as coordinator of the remedial investigation (characterization) of the
Ascon Landfill site, subject to reimbursement of all costs incurred; to hold
an Ascon Committee meeting before the contract is presented to Council; to
request clarification from the Department of Health Services; and to direct
staff to prepare a flow chart of actions, lead agencies, timeline and costs of
the project. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
- AIAJr I CIJ
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Chief of Administrative Services transmitting Resolution No. 5852
authorizing the development of a pooled excess liability program and the
expenditure of not more than $3,000 from budgeted funds to continue the
city's participation.
The Deputy City Clerk presented Resolution No. 5852 for Council considera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE DEVELOPMENT OF A POOLED EXCESS LIABILITY INSURANCE PROGRAM."
On motion by Kelly, second Mays, Council adopted Resolution No. 5852 by the
following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
The Deputy City Clerk presented a communication from Douglas La Belle, Deputy
City Administrator regarding Council direction at the 1/25/88 meeting to out-
line a program in which seismically unsafe residential buildings could be
required to be brought up to the current standards of the existing /Earthquake
Hazard Ordinance or vacated in an accelerated time frame.
Mr. LaBelle presented a staff report.
Following discussion, a motion was made by Kelly. seconded by Erskine, that
the residential portion of seismically unsafe structures be determined to be
sub -standard and that staff be directed to immediately commence with proceed-
ings to cause the repair, rehabilitation, vacation or demolition within thirty
days using the Uniform 'Housing Code. The motion carried by the following roll
call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
I1
Rage 9 - Council/Agency Minutes - 3/7/88
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TINUED M_ 4L4188 _ ,�oRTs REOLIESTED
The Deputy City Clerk presented a communication from Robert Franz. Deputy City
Administrator, submitting a proposed adjustment in the Emerald Cove rent
structure effective July 1, 1988. Said proposal submitted at this time to aid
in.early planning of the budget for the Emerald Cove Housing Fund.
The Deputy City Administrator/Administrative Services presented a staff
report. Councilwoman Finley suggested borrowing funds from another project
unti'1 incremental income from the Talbert -Beach industrial project is forth-
coming.
Public Comments - Emerald CgYe Housing =I gx - Proposgd Rent Increase
Pat Parker approved the rent increase and cited poor management of the complex.
Mary &m, Pat Borlase and George Allen Wallace opposed the rent increase as
being unequal and stated their belief that the upstairs apartments should be
less expensive because of the stairs.
$arse Leavitt opposed the rent increase as being unequal and cited poor man-
agement of the complex.
A motion was made by Finley, second Mays, to continue consideration of a pro-
posed rent increase for the Emerald Cove Housing Complex to April 4, 1988 and
requested a clear explanation of the upstairs vs downstairs rent increase
issue; information regarding the potential for the low income housing incre-
ment in the next years with the proposed developments that are scheduled;
explore the possibility of borrowing funds from another source, such as low
increment subsidy from another project area; review the efficiency of the man-
agement of the complex; and a comparison with other cities regarding rents,
costs of administration and general expenses; information regarding the
$77,000 loss and how the administration costs of Emerald Cove were distributed
and what they went for, explore a more equitable increase of rents if an
increase is necessary; and to review the possibility of an audit of the pro-
ject. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley. Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
The Mayor/Chairman called a recess of Council/Agency at 9:35 p.m. The meeting
was reconvened at 9:45 p.m.
The Deputy City Clerk presented a communication
strator/Community Development recommending that
ital needs of the Redevelopment Agency, that a
f
from the Deputy City Admini-
in order to help meet the cap -
tax allocation bond issue be 230t.,
Page 10 - Council/Agency Minutes - 3/7/88
sold based on the tax increment from four of the five project areas. To
structure a bond issue based on tax increment from more than one project area
it is necessary to create a joint powers authority.
The City Administrator informed Council/Agency that they had been provided
with a copy of a communication from his office dated March 4, 1988 clarifying
that the Authority would consist of the full seven members of the City Coun-
cil/Redevelopment Agency. The Deputy City Administrator/Administrative Ser-
vices presented a staff report. In response to an inquiry, Chick Adams, bond
counsel, stated that the Authority would have no more eminent domain powers
than the powers of the City Council or Redevelopment Agency. Discussion was
held regarding the number of votes that would be needed for the Authority to
pass a motion and the definition of a quorum.
Public Comments - Joint Powers Authority
Paul Picard stated his opposition to the creation of the proposed Joint Powers
Authority. He quoted from an acceptance speech made by a recipient of the Ben
Franklin Memorial and quoted from the City Charter.
Doug Langevin stated that he would like to see a minimum of four votes of the
Authority to cause any bonds to come into being. He also requested restric-
tions on the power of eminent domain.
The Deputy City Clerk presented Resolution No. 5854 for Council considera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HLMTINGTON BEACH
AUTHORIZING FORMATION OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY WITH
THE REDEVELOPMENT AGENCY."
The Deputy Clerk presented Resolution No. 149 for Agency consideration - "A
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AUTHOR-
IZING FORMATION OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY WITH THE
CITY OF HUNTINGTON BEACH."
A motion was by Kelly, seconded by Mays, Council to adopt Council Resolution
No. 5854 and Agency Resolution No. 149, as amended to reflect that four
affirmative votes were necessary to approve funding and to reflect that the
powers of eminent domain would be no more than those powers allocated to the
City Council or Redevelopment Agency. The motion carried by the following
roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
.The Deputy City Clerk presented a communication from the Acting Director of
Public Works and the Deputy City Administrator/Administrative Services regard-
ing the city's desire to establish specific insurance and hold harmless
requirements for all persons and/or organizations engaged in various activi-
ties that subject the city to possible liability for damage to property and/or
injury to persons.
Page 11 — Council/Agency Minutes — 3/7/88
Discussion was held regarding adding the word "liability" to proposed Resolu-
tion No. 5835.
The Deputy City Clerk presented Resolution No 5835 for Council considera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING CONTRACTORS AND PERMIT APPLICANTS INSURANCE AND INDEMNITY
REQUIREMENTS."
vThe Deputy City Clerk presented Resolution No 5836 for Council considera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING DESIGN AND ENGINEERING CONSULTANTS INSURANCE AND INDEMNIFICATION
REQUIREMENTS."
On motion by Kelly, second Erskine, Council adopted Resolution No. 5835, as
amended by adding the word "liability", and adopted Resolution No. 5836 by
the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
The Deputy City Clerk presented a communication from the City Clerk transmit-
ting, pursuant to S. 3707 and 3708 of the Elections Code of the State of Cali-
fornia, the County Registrar of Voters Certificate as to Verification of Sig-
natures for Initiative Petition entitled "Citizens' Sensible Growth and
Traffic Control Initiative Petition" for the City of Huntington Beach. Said
Initiative Petition has been found sufficient.
Mayor Erskine requested that an abstain vote on the issue be recorded as his
vote, vacated his chair and left the room.
The Deputy City Clerk presented a staff report.
GrowthTr ffi
Lorretta Wolf, representing Huntington Beach Tomorrow, described that organi-
zation's efforts in gathering signatures for the petition. She urged Council
to adopt the proposed ordinance unchanged.
Tom Harman, President of Huntington Beach Tomorrow, stated that this was the
first time in the City of Huntington Beach that an initiative qualified. He
urged Council to adopt the proposed ordinance unchanged.
Dr. Bgn Allen stated the initiative was for slower growth, not stop growth.
He urged Council to adopt the proposed ordinance unchanged. He stated he,was
adamantly opposed to any change to the Bolsa Chica wetlands.
A motion was made by Kelly, seconded by Bannister, to submit the proposed ord-
inance to the voters at the November 8, 1988 General Municipal Election. Con-
siderable discussion was held by Council and a staff analysis was presented by
the Assistant to the City Administrator. Councilwoman Winchell stated for the
Page 12 - Council/Agency Minutes - 3/7/88
record that she would prefer a vote on the adoption of the ordinance prior to
a vote on the choice of submitting the proposed ordinance to the voters at the
November 8, 1988 General Municipal Election. The motion carried by the fol-
lowing roll call vote:
AYES: Kelly, Mays, Bannister
NOES: Green, Finley
ABSTAIN: Erskine, Winchell
ABSENT: None
Mayor Erskine returned to the room and explained that he had'been advised that
he did not have an actual conflict of interest, however, he did not want to
give the appearance of a conflict and that was why he abstained from voting on
the issue.
am
The Mayor announced that this was the day and hour set for a public hearing
continued open from February 11, 1988 to consider Senate Bill 1517 (Bergeson)
pertaining to the proposed Bolsa Bay and Harbor Conservation District.
The City Administrator recommended that the public hearing be discontinued as
further consideration of State Senate Bill 1517 is pending resolution by the
State of outstanding issues regarding the legislation. A new public hearing
would be set when additional information is received.
Dr. Ben Allen stated that he did.not believe the public hearing should be dis-
continued since a previous motion by Council authorized the city to enter into
an agreement for a technical review committee to advise the city on the Army
Corps Engineers report on the ocean entrance across the breach area of Bolsa
Chic&.
Victor Leigziq requested that motion to discontinue the hearing include
directions to set another public hearing if SB 1517 is reconsidered at a
future date.
stated he opposed SB 1517 (Bergeson).
Councilman Green read a draft letter to Senator Bergeson stating Council's
intent in discontinuing the public hearing on SB 1517.
A motion was made by Mays, seconded by Green, to discontinue the public hear-
ing on Senate Bill 1517 (Bergeson) pertaining to the proposed Bolsa Bay and
Harbor Conservation District and directed staff to prepare a letter to Senator
Bergeson for the Mayor's signature. The motion carried by the following roll
call vote:
Page 13 - Council/Agency Minutes - 3/7/88
AIM Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
A motion was made by Winchell, seconded by Kelly, to direct staff to take a
positive approach and begin alternative planning for the Bolsa Chica, includ-
ing all agencies. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
The Mayor announced that this was the day and hour set for a public hearing to
consider an amendment to Article 961 of the Huntington Beach Ordinance Code,
Sign Code initiated by the City of Huntington Beach to allow additional public
service facilities (telephone booths) on public property and/or within public
right of way to contain advertising panels. Also to amend Chapter 12.36 of
the Huntington Beach Municipal Code to establish locational criteria and other
restrictions for such facilities.
The City Clerk announced that all legal requirements for notification, publi-
cation and posting had been met, and that she had received no communications
or written protests to the matter.
The Planning Director presented a staff report.
The Mayor declared the hearing open.
Judy Fault representing General Telephone Company, informed Council she was
present to answer questions.
There being no one present to speak further on the matter and there being no
protests filed, either oral or written, the hearing was closed by the Mayor.
The Deputy City Clerk presented Ordinance No. 2934 for Council considera-
tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING ARTICLE 961, SECTION 9610.4(o) RELATING TO
SIGNS WITHIN PUBLIC RIGHTS -OF -WAY."
The Deputy City Clerk presented Ordinance No. 2935 for Council considera-
tion - "AN ORDINANCE Of THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH MUNICIPAL CODE BY AMENDING CHAPTER 12.36 RELATING TO BENCHES."
A motion was made by Winchell, seconded by Bannister, to approve Code Amend-
ment 87-16 and, after reading by title, approve introduction of Ordinance No.
2934 and Ordinance No. 2935 by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None {
ABSENT: None
Page 14 - Council/Agency Minutes - 3/7/88
The Mayor announced that this was the day and hour set for a public hearing to
consider Code Amendment 88-2 initiated by the City of Huntington Beach which
would permit the keeping of one goose, one rabbit, or one duck within a resi-
dential zone subject to the approval of a Residential Animal Permit from the
Director of Community Development.
The City Clerk announced that all legal requirements for notification, publi-
cation and posting had been met, and that she had received no communications
or written protests to the matter.
The Deputy City Administrator/Community Development presented a staff report.
The Mayor declared the hearing open.
Chris Rodriguez and Susan Vigil stated they supported proposed Ordinance No.
2936 pertaining to residential animal permits.
There being no one present to speak further on the matter and there being no
protests filed, either oral or written, the hearing was closed by the Mayor.
The Deputy City Clerk presented Ordinance No. 2936 for Council considera-
tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH MUNICIPAL CODE BY ADDING SECTION 7.12.160 RELATING TO RESIDENTIAL ANIMAL
PERMITS."
The Deputy City Clerk presented Resolution No 5850 for Council considera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING RESOLUTION NO. 5159 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE (SUPPLEMENTAL FEE
RESOLUTION NO. 21)." processing fee for a Residential Animal Permit - (Oper-
ative as of effective date of ordinance)
A motion was made by Kelly, seconded by Erskine, to approve Code Amendment
88-2, adopt Resolution No 5850, and after reading by title, approve intro-
duction of Ordinance No. 2936. The motion carried by the following roll
call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
The Deputy City Clerk presented Ordinance No. 2929 for Council. considera-
tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 24 TO INCORPORATE MEADOWLARK
SPECIFIC PLAN." MH to Meadowlark Specific Plan. (Deferred from 2/16/88)
On motion by Kelly, second Mays, Council adopted Ordinance No. 2929, after
reading by title, by the following roll call vote:
11
Page 15 - Council/Agency Minutes -- 3/7/88
AYES: Kelly, Erskine, Mays, Bannister
NOES: Green, Finley, Winchell
ABSENT: None
�_Cjty _QVnCii ORDINANCE 21 - ADOPTED - SEWER SYSTEM __SERVICE CONNEG-
TIONS . FEES AND DEPOSITS — SEWER MAIN EXTENSIONS
The Deputy City Clerk presented Ordinance No. 2931 for Council considera-
tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEAM MUNICIPAL CODE BY REPEALING CHAPTERS 14.36, 14.40, AND 14.44; AND ADDING
THERETO NEW CHAPTER 14.36, ENTITLED "SEWER SYSTEM SERVICE CONNECTIONS, FEES,
AND DEPOSITS," AND NEW CHAPTER 14.44, ENTITLED "SEWER MAIN EXTENSIONS. --
On motion by Kelly, second Mays, Council adopted Ordinance No. 2931, 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 22L2 - _ADOPTED - COMMUNITY_ SERVICES DEPARTMENT
The Deputy City Clerk presented Ordinance No. 2932 for Council considera-
tion - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 2.30 ENTITLED, "COMMUNITY
SERVICES DEPARTMENT." The revised chapter addresses the objectives of the
five divisions within the department: Park Development/Recreation, Library,
Beach, Arts and CulturaL Affairs, and Recreation/Human Services.)
On motion by Kelly, second Erskine, Council adopted Ordinance No. 2932,
after reading by title, by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
ORDINANCE NO 2933 - INTRODUCTION APPROVED - UTILITIES TAX - (COGENERATION_ OF
ELECTRICITY) ^
The Deputy City Clerk presented Ordinance No. 2933 for Council considera-
tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH MUNICIPAL CODE BY AMENDING SECTIONS 3.36.010, 3.36.050 AND 3.36.130
RELATING TO UTILITIES TAX." (Addresses the issue of the development of
plants for cogeneration of electricity.)
On motion by Kelly, second Mays, Council approved introduction of Ordinance
No. 2933, after reading by title, by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
Page 16 - Council/Agency Minutes - 3/7/88
(City Council/Redevelopment Agency) LETTER TO BE SENT TO COMMISSIONEf RDS/-
WMNITTEES ENCOURAGING MIN RITY REPORTS OF COMMISSI - BOARDS - COMMITTEES
The Deputy City Clerk presented a communication from Council/Agency Member
Kelly recommending that a minority report accompany communication from boards,
commissions and committees recommendations to round out Council's clear aware-
ness of proceedings at public hearings at which Council/Agency members may not
have been in attendance.
Following discussion, a motion was made by Mays, seconded by Kelly, to send a
letter to boards, commissions and committees encouraging them, if they wish,
to include a minority statement with subsequent recommendations for Council
action. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
-(-City Council) COUNCIL SUPPORT APPROVED - RESOLUTION P-1-88 OF THE ORANGE
COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES - EXEMPTION OF PUBLIC WORKS
PROJECTS INVOLVING WASTEWATER TREATMENT FACILITIES
Councilwoman Winchell informed Council that they had been provided with a copy
of Resolution P-1-88 of the Orange County Division of the League of California
Cities urging that legislation relief be afforded to public works projects
involving wastewater treatment facilities by exempting them from the stringent
requirements of new source review, provided they are essential for the public
interest. The resolution further urges the AQMD to review their own regula-
tions to afford the same relief to minimize cost to the taxpayer/ratepayer and
still create no increased damage to the environment.
On motion by Mays, second Green, Council supported Resolution P-1-88 of the
Orange County Division of the League of California Cities by the following
roll call vote:
AYES: Kelly, Green, Erskine, Mays
NOES: Finley, Winchell, Bannister
ABSENT: None
(City Counil) PLANNING COMMISSIONER APPOINTMENT RATIFIED
On motion by Winchell, second Kelly, Council unanimously ratified the appoint-
ment of Geri Ortega to the Planning Commission.
(City Council) COUNCIL SUPPORT TATED FOR PROJECT NOT - PERTAINING TO SUB-
STANCE AB E
A motion was made by Finley, seconded by Kelly, to make a determination that
the need to take action on the issue of preparing a resolution supporting Pro-
ject Not pertaining to substance abuse arose subsequent to the agenda being
posted as specified in Government Code 54954.2 (b)(2). The motion carried by
the following roll call vote:
AYES: Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSTAIN: Kelly
ABSENT: None
Page 17 - Council/Agency Minutes -- 3/7/88
L ,
A motion was made by Finley, seconded by Erskine, to support Project Not per-
taining to substance abuse. The motion carried by the following roll call
vote:
AYES: Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSTAIN: Kelly
ABSENT: None
(City Council) $125.000 SETTLEMENT APPROVED - BUTLER VS CITY OF HUNTINGTON
BEA
On motion by Finley, second Erskine, Council authorized that the sum of
$125,000 be paid in settlement of Butler vs City of Huntington Beach by the
following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
(City Council) LETTER TO OC BORAD OF SUPERVISORS REGARDING PROPOSED QC ORDI-
H NCA E REVISING ANIMAL CONTROL REGULATIONS - VICIOUS DOGS
.By consensus of Council, Councilwoman Finley was authorized to draft a letter
for the Mayor's signature to the Orange County Board of Supervisors requesting
revisions to the proposed Orange County animal control regulations as it per-
tains to vicious dogs.
(City Council) THIRD STREET HOUSE (FRANCES HINES) - REOUEST STAFF NOT TO
DEMOLISH FOR TWQ WEEKS
Councilwoman Finley requested the Deputy City Administrator/Community Develop-
ment to direct staff not to demolish the house purchased from Frances Hine
located on 3rd Street between Walnut and Olive Avenues for two weeks.
AQJMNMENT -- 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, March 21, 1988 in Room B-8, Civic Center Complex.
ATTEST:
Alicia M. Wentworth
• L�L%1
licia M. Wentworth
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntin tan Beach, California —_.,7
BY:
Deputy Cit�Alerk/Depute Cle;
Mayor/Chairman
Deputy City Clerk/Deputy Clerk
23S le