HomeMy WebLinkAbout1988-03-07 (7).5 ,• 3D P,nr, e �� .
Q j'Oi/yi e� MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, City Hall
Huntington Beach, California
Monday., March 7, 1988
A tape recording of this meeting 1s
on file in the City Clerk's Office
Mayor Erskine called the regular meeting of the City Council of the City of
Huntington Beach to order at 6 p.m.
ROLL CALL
Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
Absent: None
(City Council) CLOSED SESSION
.Mayor Erskine called a Closed Session of Council to meet with its designated
:representatives regarding labor relations matters pursuant to Government Code
Section 54957.6 (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).
RECESS - RECONVENE
The Mayor called a recess of Council at 6:10 p.m. The meeting was reconvened
:at 7 p.m.
,:ADJOURNMENT
Mayor Erskine adjourned the regular meeting of the City Council of the City of
.:Huntington Beach.
ATTEST:
Alicia M. Wentworth
City Clerk
BY
Deputy City Clerk
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY
Deputy ity Clerk
Mayor
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.
3OLLSALF,
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.
COUNCIL/AGENCY ROLL ALL
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 Snieael 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.
Page 2 - Council/Agency Minutes - 3/7/88
Tom Van Hie urged Council to televise all Council and Agency meetings that are
not closed sessions.
Barbara Milk,gvich 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 lith 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 Viail proposed an ordinance banning dogs at pick-up points at schools.
Dave Shulze stated that he supported slow growth in Huntington Beach. He sug-
gested that people who use roads should pay for them.
Lois Piaer stated her complaints regarding the Seabridge project as being dif-
ferent than the agreement originally reached by Council, developers and citi-
zens.
Dorothy Grubbs stated her opposition to SB 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 5th Streets from Frances Hines held an authentic beach cottage and
should be preserved, perhaps relocated.
Dguq Lanaevin stated he believed the item pertaining to the realignment of 6th
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 5th Streets meshed with the Facade Improvement Plan.
Shirley Carey presented a copy of a press release to the Deputy City Clerk
regarding 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. .
1.
Digk Dusterhoft 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.
WNSENLIALEMDA (ITEMS REMOVED)
ouncilwoman Winchell requested that the following items be removed from the
onsent 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 5th Streets (Frances Hine) Acquisition of property in the second
block between Main and 5th Streets.
CONSENT CALENDAR - (ITEMS APPROVED)
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, Winchell, Bannister
NOES: None
ABSENT: None
(City Council/Redevelopment) MINUTES - 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.
(City Council) COMPUTER MAINTENANCE AGREEMENT - REACH COMPUTER SERVICES
CORP - 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.
ity Council) TRAFFIC SIGNAL MODIFICATION - SPRINGDALE/McFADDEN INTERSEC-
TION - PLANS & SPECIFICATIONS/CALL FOR BIDS - CC-554 - 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 - (signals, lighting emergency vehicle pre-emption
equipment, access ramps and pavement markings).
City Council) TRAFFIC SIGNAL CONTROLLERS - PLANS & SPECIFICATIONS/CALL FOR
BIDS - CC-708 - PHASE II - 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.
(City Council) RESOLUTION NO 5853 - ADOPTED - AUTHORIZED SIGNATURES FOR FED-
ERAL FUNDING - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS
TO OBTAIN FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIC DEFENSE ACT OF 1950, AS
AMENDED." (City Administrator/Fire Chief/Finance Director/Emergency Services
Coordinator)
(City Cc)uncil BREAKFAST IN THE PARK CONCESSION CONTRACT - GUSTAFSON/
DOWNEY - 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
(Redevelopment Agency) AUTHORIZATION FOR THE ACQUISITION & APPROVAL OF CON-
TRACT OF SALE FOR PARCEL LOCATED AT 5TH STREET BETWEEN WALNUT & OLIVE AVENUE
AVENUES - TERRY NICK BODY SHOP - MAIN -PIER REDEVELOPMENT PROJECT AREA -
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.
Approved and authorized execution of an agreement for appraisal services
between the Redevelopment Agency and Robert Anson Steel Association for
appraisal services to facilitate the design, construction and completion of
the parking structure north of the pier, not to exceed a cost of $5,000.
(Redevelopment Agency) AMENDMENT #1 TO AGREEMENT FOR ACQUISITION CONSULTING
SERVICES - JOHN CUTLER ASSOC - MAIN PIER REDEVELOPMENT PROJECT AREA -
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.
APPROPRIATION FOR SETTLEMENT - APPROVED - MUNICIPAL EMPLOYEES' ASSOCIATION
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
(City Council) COMMODORE CIRCLE REHABILITATION PROJECT - PLANS & SPECIFICA-
TIONS/CALL FOR BIDS - APPROVED
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
Page 5 - Council/Agency Minutes - 3/7/88
(Redevelopment Agency) AUTHORIZATION FOR THE ACQUISITION & APPROVAL OF CON-
TRACT OF SALE FOR PARCEL LOCATED AT OLIVE & FIFTH STREET (CAROLINE BURNES) -
APPROVED - MAIN PIER REDEVELOPMENT PROJECT AREA
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
(City Council) REALIGNMENT OF 6TH STREET BETWEEN ORANGE AVENUE & MAIN STREET
- PLANS & SPECIFICATIONS/CALL FOR BIDS - CC-712 - CONTINUED TO 3/21/88
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
(City Council) HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER RULES & COMMITTEE
FORMULATION - MODIFICATIONS APPROVED
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 #3, "Dogs must be ona 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
Equestrian Center Committee Board Representation
A motion was made by Winchell, seconded by Mays, to modify the boarders repre-
sentation section of the Equestrian Center Committee utilizing one representa-
tive 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
(City Council) AUTHORIZED ACQUISITION - APPROVED CONTRACT OF SALE - PROPERTY
LOCATED AT 3RD & 5TH STREETS (FRANCES HINE) - MAIN PIER REDEVELOPMENT PROJECT
AREA
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 s,et forth in,the RCA dated March 7, 1988. The
motion carried by the following roll call, vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Wi.nchell, Bannister
NOES: None
ABSENT: None
(Redevelopment Agency) AUTHORIZATION FOR APPRAISAL &ACQUISITION FOR PARCELS
IN THE SECOND BLOCK BETWEEN MAIN & 5TH STREETS - MAIN PIER REDEVELOPMENT PRO-
JECT AREA
The Deputy City Clerk 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.
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 Main -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 Comments — Bolsa Chica Ocean 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
(City Council) ASCON LANDFILL PROPERTY - CONTRACT TO BE PREPARED BTWN CITY
AND ASCON PROPERTIES INC RE A REMEDIAL INVESTIGATION (CHARACTERIZATION) OF
SITE - SW CORNER OF HAMILTON/MAGNOLIA
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 Ascon 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
Aston Landfill site, subject to reimbursement of all costs incurred; to hold
an Ascon Committee meeting before the contract is presented -to Council; to a
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
(City Council) RESOLUTION NO 5852 - ADOPTED - JOINT POWERS LIABILITY INSUR-
ANCE PROGRAM
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
expendi.ture 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 consi.dera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE DEVELOPMENT OF A POOLED EXCESS LIABILITY INSURANCE PROGRAM.11
�r
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
(City Council) SEISMICALLY UNSAFE RESIDENTIAL -BUILDINGS - COMMENCE REPAIR/
DCUARTI TTATTAN /varATTnM /nrUnI TTTnm WTTWTN qn-nAYC - Apppnvrn
The Deputy City Clerk presented a communication from Douglas La Belle, Deputy
,C;ity 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 voter
i
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
Page 9 - Council/Agency Minutes — 3/7/88
��.{.J VV Y1V � LPIL 1\l1LlJ VyrL IIW J11\V �.VI'Ir LL:A - f nVrVJ LIJ nLn 1f�l..n G/1JG -
TINUED TO 4/4/88 - REPORTS REQUESTED
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
Until incremental income from the Talbert -Beach industrial project is forth-
coming.
Public Comments - Emerald Cove Housing Complex - Proposed Rent Increase
Pat Parker approved the rent increase and cited poor management of the complex..
Mary Rayer, 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.
Sarah 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
RECESS - RECONVENE
The Mayor/Chairman called a recess of Council/Agency at 9:35 p.m. The meeting
was reconvened at 9:45 p.m.
(City Council/Redevelopment Agency) COUNCIL RESOLUTION NO 5854 - ADOPTED
AGENCY RESOLUTION NO 149 - ADOPTED - CREATION OF JOINT POWERS AUTHORITY FOR
THE SALE OF TAX ALLOCATION BONDS & JOINT EXERCISE OF POWERS AGREEMENT
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Community Development recommending that in order to help meet the cap-
ital needs of the Redevelopment Agency, that a tax allocation bond issue be
x
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 J
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 Authorit
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 al -so 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 HUNTINGTON 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
(City Council) RESOLUTION NO 5835 - ADOPTED AS AMENDED - RESOLUTION NO 5836 -
ADOPTED - INSURANCE REQUIREMENTS
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."
v The 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
(City Council) CERTIFICATE AS TO VERIFICATION OF SIGNATURES FOR INITIATIVE
PETITION - SENSIBLE GROWTH/TRAFFIC CONTROL - ISSUE TO BE SUBMITTED TO VOTERS
11/8/88 GENERAL MUNICIPAL ELECTION
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.
Public Comments - Initiative Petition - Sensible Growth_ Traffic Control
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. Ben 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 f
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"t66 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
he did not have an actual
give the appearance of a
the issue.
the room and explained tfiat fie had 'been advised that
conflict of interest, however, he did not want to
conflict and that was why he abstained from voting on
(City Council) PUBLIC HEARING - DISCONTINUED PUBLIC HEARING =' LETTER TO BE
SENT TO SENATOR BERGESON - PROPOSED STATE LEGISLATION - SENATE BILL 1517 -
(BERGESON - BOLSA BAY & HARBOR CONSERVATION DISTRICT)'- DIRECTION TO STAFF
GIVEN
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 beset when additional information is received.
Public Comments - SB 1517 (Berge on) — Bolsa Bay and Harbor Conservation
Di stri ct
Dr. Ben Allen stated that'he did not believe the public hearing should be dis-
continued.since.a previous.motion by'Counci'1 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
Chica. `
Victor Leipzig requested that motion to discontinue'the hearing include"
directions to set another public hearing if SB 1517 is reconsidered at a
future date.
Ridgely Keeley 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: I
Page 13 - Council/Agency Minutes - 3/7/88
AYES: 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
(City Council) PUBLIC HEARING - CODE AMENDMENT 87-16 - APPROVED - ORD NOS
2934 & 2935 INTRODUCTION APPROVED - ADVERTISING PANELS ON TELEPHONE BOOTHS
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 Feerst, 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
(City Council) PUBLIC HEARING - CODE AMENDMENT 88-2.- APPROVED - RESOLUTION
NO 5850 - ADOPTED - ORDINANCE NO 2936 - INTRODUCTION APPROVED - RESIDENTIAL
ANIMAL PERMITS
The Mayor announced that this was -the day and hour. set fora.public hearing to
consider Code Amendment 88-2 initiatedby the City of Hunt.ington.Beach which
mould 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 C1 erk ' announced that all legal requirements,- for . not.i'fi�cati on; :publ i
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 p.resented;: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
(City Council) ORDINANCE NO 2929 - ADOPTED - MEADOWLARK SPECIFIC PLAN
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:
l
Page 16 — Council/Agency Minutes — 3/7/88
AYES: Kelly, Erskine, Mays, Bannister
NOES: Green, Finley, Winchell
ABSENT: None
tc __1Q_1).RgINAn _N_Q___ZJ3 L — ADOPTp — 5 EWER SYSTEMSERVICE CQNNEC_
T_��_�'���.�P��T�TER MAIi� EXTENSIQNS
The Deputy City Clerk presented Ordinance No. 2931 for Council considera—
tion — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH 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 Counci1),9 ,�0 2 `AQQ2TEED — 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 APPR VED0 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 18 - Council/Agency Minutes - 3/7/88
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
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
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 Council) PLANNIK COMMISSIONER APPOINTMENT RATIFIED
On motion by Winchell, second Kelly, Council unanimously ratified the appoint-
ment of Geri Ortega to the Planning Commission.
(City CQU.pci COUNCIL SUPPORT STATED FOR PROJECT NOT - PERTAINING TO SUB-
STANCE ABUSE
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
1
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
On motion by Finley, second Erskine, Council authorized that the sum of
$125,000 be paid in settlement of Butler vs City of Huntington Beach by the
following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
By consensus of Council, Councilwoman Finley was authorized to draft a letter
for the Mayor's signature to the Orange County Board of Supervisors requesting
revisions to the proposed Orange County animal control regulations as it per-
tains to vicious dogs.
.,$ \ 1♦,M
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.
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, March 21, 1988'in Room B-8, Civic Center Complex.
ATTEST:
Alicia M. Wentworth
City Clerk/Clerk
Deputy City Clerk/Deputy Clerk
Alicia M. Wentworth
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntin ton Beach, California
BY:
Deputy City Cl erk/D,eut Cl,� ,
Mayor/Chairman