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Home My WebLink About1988-04-18MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Monday, April 18, 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 adjourned regular meeting of the Redevelopment Agency of the City of Huntington Beach to order at 6 p.m. Present: Winchell, Mays, Kelly, Green, Bannister Absent: Finley, Erkine (Redeye)on ggnCy) CLOSED SESSION - MAIN -PIER REDEVELOPMENT PROJECT AREA. AS MENDED - TOWNSOUARE Chairman Erskine called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations with Mola Development and other property owners (City of Huntington Beach Redevelopment Agency, Vawter, Tovatt and Lengsfeld), regarding real property including City/Agency real property for the site bounded by Main Street, Orange Avenue and the extension of 6th Street, and to give instructions to the Agency's negotiator regarding negotiations with Huntington Pacifica I and Pierside Development concerning the sale and lease of property located between Pacific Coast Highway, 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 24-166-01, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12. And the property located on the ocean side of Pacific Coast Highway between Lake and Main Streets identified as Assessor's Parcel 24-181-14 & 15. All located within the Main -Pier Subarea of the Main -Pier Redevelopment Project Area. The Mayor/Chairman called a recess of the City Council and the Redevelopment Agency at 6 p.m. The meeting was reconvened at 7 p.m. PH Page 2 - Council/Agency Minutes - 4/18/88 The Mayor/Chairman adjourned the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency of the City of Huntington Beach. A]Icia M. Kntwortr Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Alicia M. Wentworth City Clerk/Clerk BY 01 Deputy City Clerk/Deputy C rk ,1 5 r,.�51 1 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Monday, April 18, 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 Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None The Flag Ceremony was conducted by Brownie Troop 570 — St. Simon & Jude Church, Linda Gardner, Leader. The Pledge of Allegiance was led by Milenka Tomaszawski. The Invocation was given by Caris Sicking. MUNCLUAGENOf ROLL CAL Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None MMEMI OF SILENCE IN HE= OF BILL OUTIN Ma or Erskine called for a Moment of Silence in memory of Bill Quinn, former e Ma of the Huntington Beach News and affiliated with the Seal Beach Journal and Harbor News. The Mayor stated that Mr. Quinn was a journalist who dared to make a difference in our society. The Mayor presented a resolution of appreciation from the Orange County Tran— sportation Commission to Paul Cook, City Administrator, for his services as Chairman of the Technical Committee from 1985 to 1988. PUBLIC 03MMENTS representing the Historic Resources Board, stated that she had received a letter from the state office of historic preservation in response to a letter she had sent them regarding a Phase II project. . She Page 2 - Council/Agency Minutes - 4/18/88 stated that she believed the'Specific Plan Environmental Report was not ade- quate because it did not address the historical aspects of the cultural resources Within the City. Ms. Milkovich informed Council/Agency that the state office of historic preservation recommended that all activity be stopped at once within the Specific Plan to allow a brief period of time to evaluate and assess the historic district potential and structures therein so they could be adequately addressed in a subsequent Environmental Impact Report.. She stated her concern regarding a Church built in 1906 that she believed was being threatened by the proposed Townsquare Project. 1. Dg ld McCallum requested Council's assistance regarding noise from the Home Depot located at Edinger Avenue and Goldenwest Street. Jim Kellar, Jean_Collins, Olga,-Paczko, Jo C ristiao Crain and Jennifer Koller addressed Council and spoke in opposition to the use of eminent domain to acquire private property. Dav d SchAtze addressed Council and stated his opposition to redevelopment plans for the downtown area, opposition to the use of eminent domain and oppo- sition to the proposed Townsquare Project. He stated there are trees fifty feet tall on the Townsquare site that should be preserved. Steve Holden addressed Council and stated that he supported Council action takenat a previous meeting to contract with an outside consultant on beach erosion. He stated his concern that if a jetty were built, a heavy winter storm, in conjunction with the jetty would cause considerable beach erosion. William Tater, Loretta Wolfe. Vice -President gtjigntington Beach Tomorrow and Chris Craig addressed Council and stated their opposition to the Townsquare Project. Jerry Bame, attorney -at -law representing the Huntington Central Park Eques- trian Center management, addressed Council and stated their opposition to the agenda item pertaining to the proposed grievance procedures relative to evic- tion of boarders at the Center. urged Council to select Planning Commission members who had no special interests. Richard Hyman stated he was a businessman In the second block of Main Street and would prefer that downtown Huntington Beach be developed similar to Sea] Beach. He urged better communication between the city and downtown business- men and property owners regarding redevelopment plans. In response to inquiry by Councilman Green, the City Administrator stated the position paper regarding the issue of acquiring property by the use of eminent domain would be completed by April 19, 1988. CONSENT CALENDAR - (ITEMS REMOVED) Councilwoman Winchell requested that Resolution No. 5872 pertaining to police directed towing service rates be removed from the Consent Calendar for sepa- rate consideration. 47, Page 3 - Council/Agency Minutes - 4/18/88 QNSENI 5 ® CLT S- APRR=) On motion by Kelly, second Finley, Council approved the following items, as recommended, with Councilman Kelly abstaining from voting on the minutes of the March 8, 1988 Council/Agency meeting, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: bone ABSENT: None (CgundliAgency) MINUTES - APPROVED - Approved and adopted minutes of Coun- cil/Agency Special Meeting of March 8, 1988, as written and on file in the Office of the City Clerk. Mtx Council) ALLIED ARTS BOAR0 RESIGNATION - APPROVED - CHARLES---SHOWS - Accepted, with regret, the resignation of Charles Shows from the Allied Arts Board.. ment Bond Treasurer and t nstructed the City Clerk to notify to notify the bond company of said action. the developer and the c use Monu-- Ci ty (Ci tv Council) ,QUIMN DEVICES - (TRAFFIC SIGNAL P_REEMp119E_ SYSTEM) - FUNDING INCREASE - APPROVED - Authorized an increase to the OPTICOM budget in the amount of $43,400 for FY 1987-88 for the OPTICOM System which provides for the safe travel of emergency apparatus at critical intersections throughout the ci ty. (See related agenda item pertaining to bid award submitted by Stei ny & Company for the installation of traffic signal controllers, cabinets and hard- ware at various locations in the city - CC-708.) — n �rnr� � �r>c �cLx ■ .. Accepted improvements completed by Sully - Miller Contracting Company on the construction of street improvements on Goldenwest Street between Warner and McFadden Avenues for a total contract cost of $267,528.01 and authorized the City Clerk to file the Notice of Com- pletion. (City CQUU111 MATCHING FUNDS FROM OCUTT„ &. EAU FOR CITY STREET PROJECTS - Adopted the following resolutions for the request for matching funds from the Orange County Unified Transportation Trust (OCUTT) and Federal Aid Urban (FAU) funds for the repair and rehabilitation of arterial streets: �>•.l..fiJfr�1� "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE IN THE ORANGE COUNTY UNIFIED TRANSPORTA- TION TRUST FUND OR FAU FUND STREETS AND ROAD COMPONENT THE IMPROVEMENT OF MR - HER 11 s Page 4 — Council/Agency Minutes — 4118/88 CITY STREET PROJECTS — ADAMS BETWEEN BEACH ANC} REHM — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE IN THE ORANGE COUNTY UNIFIED TRANSPORTA— eeTIION T��RVVUF�S��T�� jj��FUND OR FAU FUND STREETS AND ROADS COMPONENT THE IMPROVEMENT OF 6�.1 ■ M -i.. 911X STREET PROJECTS - GARFIELD BETWEEN NEWLAND & KAGNOLI - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE IN THE ORANGE COUNTY UNIFIED TRANSPORTA— TION TRUST FUND OR FAU FUND STREETS AND ROADS COMPONENT THE IMPROVEMENT OF f!AbC7C1 n AXIM11C OCTLJrCU Ur[JI ALM C7nCrr Alin UA1"LV11 TA C*rnrrr 11 FOR CITY STREET PROJECTS - HEIL BETWEEN GOLDENWEST A SILVER - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE IN THE ORANGE COUNTY UNIFIED TRANSPORTA— TION TRUST FUND OR. FAU FUND STREETS AND ROADS COMPONENT THE IMPROVEMENT OF HEIL AVENUE DEMEEN GOLDENWEST STREET AND SILVER LANE." RUDLU119N NO, 70 — ADOPTED — REQUEST MATCHING FUNDS FROM OCUTT & FAU FOR CTY UREED ERNEM WARNED AYENUE B INEEN MG NOLIA & NEWLAND — "A RESOLU— TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE IN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST: FUND A FAU FUND STREETS AND ROADS COMPONENT THE IMPROVE— MENT OF DER AVENUE BETWEEN MAGNOLIA STREET AND NEWLAND STREET." TO CITY P R NEL B!M — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 18-4 (VACATION ALLOWANCE) AND SECTION 18-9 (SICK LEAVE ALLOW— ANCE) OF' THE CITY'S PERSONNEL RULES." (Allows .3/4 time employees to earn vacation and sick leave on a 3/4 pro rata basis). (City Council) HM=CAB T - APPROVED — /EWELL — Appointed Mark Soderberg and John Ewell to the Housing and Community Development Citi— zen's Advisory Board to terms to expire June, 1991. Y Council) WEST ORANGE COUNTY WATER BOARD__1-988-89 TENTATIVE BUDGET_ — APPROVED — Approved the 1988-89 Tentative West Orange County Water Board Bud— get as submitted by the Secretary. ••..BLS SaYlt11>La1< aaala nnnnu ny�.,�rrcv frtnrr.F�r _:�sRif�fre. wn�nvl_a.l:r�.� — rnr[suu� LOCATIONS - STEINY & CD - CC-708 --PHASE 11 Accepted the low bid of Stei ny & Company in the amount of $S9,700 for the installation of traffic signal con— trollers, cabinets and hardware at various locations in the city; hold bid bonds on the lowest two bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows; Steiny and Company $59,700 W. H. Moore Construction 80,100 Page 5 - Council/Agency Minutes - 4/18/88 HAM The Deputy City Clerk presented Resolution No. 5872 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 FEE SCHEDULE". (Supplemental Resolu- tion No. 22) Following discussion, a motion was made by Winchell, seconded by Green, to adopt Resolution No. 5872. The motion carried by the following roll tali vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None The. Deputy City Clerk presented a communication from the Community Services Director regarding the need for Council direction regarding the undeveloped land and park facilities in Huntington Central Park. The Director of Community Services presented a staff report. A motion was made by Green, seconded by Mays, to include the recreational. facilities on the 1988 survey for Huntington Central Park in the Capital Improvement Projects budget and develop as funds become available through the Park Acquisition and Development fund, General Fund, donations and or grants. The motion carried by the following roll call vote: AYES: Kelly; Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT,: None R " The Deputy City Clerk presented a communication from the City Clerk transmit- ting Resolution No. 5865 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARY AND BENEFITS FOR THE ELECTED DEPARTMENT HEAD POSITION OF CITY CLERK." The City Administrator presented a report. Following discussion, a motion was made by Mays, seconded by Finley, to con- tinue consideration of Resolution No. 5865 to May 2, 1988. The motion car- ried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None 50 Page 6 - Council/Agency Minutes - 4118/88 The Deputy City Clerk presented a communication from the Deputy City Admini- strator/Community Development regarding the transfer of Community Development Block Grant Funds to the Main -Pier Redevelopment Project Area. A motion was made by Kelly, seconded by Erskine, to authorize staff to trans- fer $208,000 of Community Development Block Grant funds currently programmed within the Oakvlew Redevelopment Project Area to the Main -Pier Redevelopment Project Area for construction of public improvements. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, days, Winchell, Bannister NOES: None ABSENT: None The Deputy City Clerk presented a communication from the Deputy City Admini- strator/Community Development recommending that a consultant be retained to assist the City in the Main -Pier Project Area implementation Program. The Deputy City Administrator/Community Development presented a staff report. A motion was made by Kelly, seconded by Mays, to approve and. authorize execu- tion of an Agreement Between the Redevelopment Agency and PMW Assoc. Inc., for Professional Services for Planning and Implementation of Redevelopment Housing Activities in an amount not to exceed $40,000, and pursuant to the Scope of Work identified in "Exhibit A" of the agreement. 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 Deputy City Administra- tor/Community Development requesting authorization to acquire property owned by John A. Teberg, AP 24-147-33, located at Sth Street between Olive and Wal- nut Avenues within the Main -Pier Redevelopment Project Area and requesting approval of an Agreement of Sale. The Deputy City Administrator/Community Development presented a staff report. A motion was made by Bays, seconded by Green, to authorize acquisition of said property, AP 24-147-33, and approve and authorize execution of Agreement of Sale which includes the points set forth in the RCA dated April 18, 1988. The motion carried by the following roll call vote: 5.1 Page 7 - Council/Agency Minutes - 4/18/88 AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None jdE19K „AGREEMENT - APPMED - GRIFFIN REALTY The, Deputy City Clerk presented a communication from the Deputy City Admini- strator/Community Development regarding a request by Griffin Realty for a 12 month extension of time on the Exclusive Negotiating Agreement to complete site assemblage and finalize an acceptable development plan consistent with the Downtown Specific Plan. The Deputy City Administrator/Community Development presented a staff report. A motion was made by Mays, seconded by Green, to approve staff recommendation for extension of time to July 1, 1988 on the Exclusive Negotiating Agreement based upon the tasks to be resolved before a Disposition and Development Agreement can be negotiated. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None L11 � I) ATJ 4 k@E' 'W 14 1 � 4 1 k � a to `A1 a ►�+ � w 4 IR � .w The Deputy City Clerk presented a communication from Deputy City Administra- tor /Commun.ity Development requesting authorization to acquire property owned by Mr. Tahmisian, AP 24-148-16, located at 3rd Street between Walnut and Olive Avenues within the Main -Pier Project Area and requesting approval of an Agree- ment of Sale. A motion was made by Kelly, seconded by Mays, to authorize acquisition of pro- perty owned by Mr. Tahmisian, AP 24-148-16, located at 3rd Street between Wal- nut and Olive Avenues within the Main -Pier Project Area and to approve and authorize execution of an Agreement of Sale which includes the points as set forth in the RCA dates April 18, 1988. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City „Council) HUNTINGMU CENTRAL PARK EQUESTRIAN CENTER - NOTICE OF COMPLE- TION - REMOI[ED FROM TABLE AND APPROVED The Deputy City Clerk presented a communication from the Community Services Director regarding improvements of the retention basis and separation struc- ture at the Huntington Central Park Equestrian Center completed by National Equestrian Center, Inc., as required by its lease with the City. Page 8 - Council/Agency Minutes - 4/18/88 The Director of Community Services presented a staff report. A motion was made by Kelly, seconded by Green, to remove from the table consi- deration of the Notice of Completion for the Huntington Central Park Eques- trian Center which was placed on the table at the April 4, 1988 City Council Meeting, The motion to remove from the table carried by the �fol lowi ng roll call vote: AYES; Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES None ABSENT: None A motion was made by Bannister, seconded by Kelly, to accept completion of the retention basin and separation structure projects at the Huntington Central Park Equestrian Center and instruct the City Treasurer to release the $10,000 cash bond securing the performance of construction. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None v The Deputy City Clerk presented a communication from the Community Services Director regarding the need to establish a process for eviction of boarders at the Huntington Central Park Equestrian Center. The Director of Community Services presented a staff report. Discussion was held between Council and staff regarding alternative grievance procedures. A motion was made by Winchell, seconded by Green, to establish a rule at the Huntington Central Park Equestrian Center as follows: "All boarder evictions shall be subject to a standard procedure approved by the Director of Community Services in order to insure due process." The motion carriedby 'following roil call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Councilwoman Winchell requested the director of Community Services to send a letter to the management of the Huntington Central Park Equestrian Center advising them of Council action in establishing this rule and informing them that any eviction would be subject to this procedure. (City „Cghnci 1) LEASE OF CITY ERMly - APPROVED - (SECURITY PACIFIC NATIONAL BANK - 202 MAIN STREET) M HUNTINGTON NATIONAL MIK --LEASE AGREENE11 V D' The Deputy City Clerk presented a communication from the Deputy City Admini- strator/Administrative Services transmitting a proposed lease agreement 5 Page 9 - Council/Agency Minutes - 4/18/88 L �I U between the City and Huntington National Bank for the temporary occupancy as a bank of property located at 202 Main Street. The Deputy City Administrator/Development Services presented a staff report. A notion was made by Mays, seconded by Green, to approve and authorize execu- tion. of a Rental Agreement Between the City and Huntington National Bank for the letting of 202 Main Street building with the stipulation that the terms of said lease cannot take effect prior to the City's obtaining all rights, title and interest in this property. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Mays, Winchell, Bannister NOES: None ABSTAIN: Erskine ABSENT None The Mayor announced that this was the day and hour set for a decision regard- ing a public hearing closed on March 21, 1988, to consider.an appeal filed by Mola Development Corporation to the Planning Commission's denial of Condi- tional Use Permit No. 87-36, Coastal Development Permit No. 87-28, and Tenta- tive Tract 12900, a proposal to develop a 17-lot subdivision for condominium purposes and construct a mixed use development comprised of 74 stacked condo- miniums, 16 townhouse condominiums and 10,000 square feet of retail space on 3.7 a.cres. Parking will be provided at grade level and with a subterranean parking structure. The subject property is located north of Orange Avenue between Main Street to the east and realigned Sixth Street to the west. The property is currently zoned Downtown Specific Plan - District 6 (Mixed Use - Commercial/Office/Resi- dential) The environmental status is covered under Environmental Impact Report No. 82-2 for the Downtown Specific Plan. Coastal Status - not appeal- able. The Deputy City Administrator/Community Development presented a staff report. The Planning Director reviewed the modifications to the plan made by 'the developer which pertained to height, bulk, overall layout, parking, architec- ture and fence. The City Administrator stated that plans were for year round type commercial use such as drugstores, barber shop, beauty salon, shoe store, markets, cleaners, etc. were planned for the project. He stated that these types. -of commercial use have been located on Main Street in the past. He stated his - concern that if densities in the few residential areas near Main Street were reduced it would cut support of commercial retail, both present and planned,;. for Main. Street. The City Administrator recommended a study regarding how many dwelling units were needed within a one or two mile radius in order to support the commercial use on Main Street. Councilman Green requested additional information regarding parking for the Town Square project as well as information on parking allocated in the parking 54 Page 10 — Council/Agency Minutes — 4/18/88 structure. He stated that one of the recommended alternatives to approval of the project was to consider marketing the City's holdings under the existing conditions and requested an economic analysis as to which option was in the best financial interests of the City. A motion was made by Green, seconded by Erskine,. to continue: the decision on the appeal filed by the Mola Development Corporation to the Planning Commis— sion's denial of Conditional Use Permit 7-36 with Special Permits, in conjunc— tion with Coastal Development Permit 87-28 and Tentative Tract No. 12900 to May 16, 1988. Mayor Erskine referred to residents in the vicinity of the project who testi— fied they would like to be involved in discussion regarding the benefits of the proposed project. He requested that staff inform the Downtown Citizens Advisory Committee of this interest. In response to inquiry by Councilman Kelly, Mr. Mola, developer of the pro— ject, requested that Council inform him whether they wanted to proceed with the Townsquare Project.. Following discussion, the motion made by Green, and seconded by Erskine, car- ried by the following roll call vote: AYES: Green, Finley, Erskine, Winchell NOES: Kelly, Mays, Bannister ABSENT: None (CityL` HEARING QMTINUED OPENE TI _NECESSITY FQR ACQUISITION OF PROPERTY ,8y EMINERI QQMAI11 -- AP #024-148-01 AP 4-1 4— AP 24-1 4-1 24-1 —12 — MAIN —PIER REQ0ff_LQMNT PROJECI The Mayor announced that this was the day and hour set for a public hearing continued open from March 28, 1988 to consider the adoption of Resolutions of Necessity pertaining to acquiring property by eminent domain — AP #024-148-01, Sylvia Shandrick, 6021 Doyle Drive, Huntington Beach; AP #024-154-09 and AP #024-154-10 Adel Mustafa Zeidan, 18382 Patterson Lane #1, Huntington Beach; and AP #024-153-12, Jack .Gosney, P. 0. Box 23, Rancho Sante Fe. 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. Following recess of Council the Mayor announced that a letter dated April 18, 1988 from Oscar G. Taylor had arrived late and requested it be entered into the record. A motion was made by Finley, seconded by Erskine, to continue the public hear— ing open to May 2, 1988 to consider Resolutions of Necessity to acquire prop— erty by eminent domain — AP #024-148-01, AP #024-154-09, AP #024-154-10 and AP #024-153-12. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None 0 Page 11 Council/Agency Minutes - 4/18/88 RECES=RRMVENE The Mayor/Chairman called a recess of Council/Agency at 9:35 p.m. The meeting was reconvened at 9:50 p.m. sty CQUnci 11 PUBLIC HEARING CONTINUED OPEN TO 512/88 - CODE AMENIM N_E T 87--9 - Mp(l M nQnrUAMrV Un 90d] - VARnC L rpmrro. Tha`" Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment 87-9 initiated by the City of Huntington Beach to amend Article 977 of .the Huntington Beach Ordinance Code to reorganize and add new fencing regulations and to amend Section 9080.137 rear yard definition.. The Deputy City Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or writ- ten protests to the matter. The Deputy City Clerk presented Ordinance No. 2941 for. Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 977 RELATING TO YARDS AND FENCING AND SECTION 9080.137 REAR YARD DEFINITION." The Deputy City Administrator/Community Development requested that the matter be continued to May 2, 1988. The Mayor declared the hearing open.. A motion was made by Finley, seconded by Mays, to continue the public hearing open to consider Code Amendment 87-9 and proposed Ordinance No. .2941. to May 2 1988.. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, NOES: None ABSENT: None Erskine, Mays, Winchell, Bannister The Mayor announced that this was the day and hour set for a public hearing. -to consider Code Amendment 87-12, initiated by the City of Huntington Beach to amend Articles 981, 983 and 984 of the Huntington Beach Ordinance Code to revise the time limits for conditional exception in conjunction with another application and time limit for projects receiving final approval from the .Coastal Commission. The Deputy City Clerk announced that all legal requirements for publication. and posting had been met, and that she had received no communications or writ- ten protests to the matter. Mike Adams, Planning Director, presented a staff report. .The Mayor declared the hearing open. 0 Page 12 - Council/Agency Minutes - 4/18188 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 Bannister, seconded by Erskine, to approve Alternative #1 and amend the ordinance code to allow an application in conjunction with a Coastal Development Permit receiving final approval from. the. Coastal Commis- sion a time limit concurrent with the Coastal. Commission's expiration date and direct the City Attorney to prepare such ordinance effecting same. The motion carried by the following roll call vote AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City CoundII -ADMINISTRATIVE PUBLIC BEARING - NEED ABATEMENT TO PROCEED The Mayor announced that this was the day and hour set for a public hearing pursuant .to Resolution No. 5844 adopted February 16, 1988 'declaring a nuls.ante'. to exist in the form of weeds, rubbish and refuse and providing for the, abate- ment thereof. Affidavit of posting has been filed with the City Clerk. The Deputy City Clerk presented the notice of public hearing on Resolution No... 5844 of the City Council, as posted conspicuously along, all the streets,. and: property within the district described in said Resolution, setting the hour of 7 p.m., or as soon thereafter as possible, on Monday, the 18th day of April, 1988 in the Council Chamber, in the Civic Center, as the time and place for .a public hearing on a declaration that a nuisance exists and providing for :the abatement thereof. The Deputy City Clerk informed the Council that she had received no communica- tions or written protests to Resolution No. 5844 of the City Council proposing to abate the weed nuisance and stated that the Affidavit of Posting of Notices to Destroy Weeds had been executed by the Street Superintendent and was on file in the Office of the City Clerk. The Acting Director of Public Works presented.a staff report. 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 Erskine, to authorize the street superintendent to proceed with the abatement of said nuisance. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) ORDINANCES ADOPTED The Deputy City Clerk presented Ordinance Nos. 2938 and 2937 for Council consideration. I. Page 13 - Council/Agency Minutes - 4/18/88 On motion by Mays, second Kelly, Council adopted Ordinance Nos. 2938 and 2937, after reading by title, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (city couit R P T RD "AN ORDINANCE Of THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.102.050 AND ADDING SECTION 2.102.060 CON- CERNING THE ENVIRONMENTAL. BOARD." (CitY CQL1ftci1jDI 2937- ADO -PIED, - FLOODPLAIN SUFFIX( - I. -FPL -FP) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 969.6 AND ADDING NEW ARTICLE. 940 ENTITLED "FLOODPLAIN SUFFIX {-FP1, --FP2, -FP3)" sty Council) ORDINANCE NO 2939 - INTRQD�ICTION APPROVED - "LATE CHARGES" The Deputy City Clerk presented Ordinance No. 2939 for Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE 14UNTINGTON BEACH MUNICIPAL. CODE BY ADDING CHAPTER 3.48 ENTITLED "LATE CHARGES." On motion by Kelly, second Erskine, Council approved introduction of Ordi- nance No. 2939, after reading by title, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None S iS Y nCi1_.? ACCEPTED PLANNING COMMISSION -RESIGNATION - PIERCE The Deputy City Clerk presented a transmittal from Councilman Kelly of Plann- ing Commissioner Kent Pierce's letter of resignation. On motion by Kelly, second Erskine, Council accepted the resignation of Ken Pierce from the Planning Commission, with regret, by the following roll call vote: AYES: Kelly, Green, Finley, NOES: None ABSENT: None Erskine, Mays, Winchell, Bannister (CJty Council) -ACTIN O NNINAPPOINTMENT -- AP2ROVED - ROGER SLATES A motion was made by Kelly, seconded by Green, to declare an emergency and the. need to appoint an acting planning commissioner to the Planning Commission. The motion carried by the following roll call vote: Page 14 - Council/Agency Minutes - 4118/88 AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None On motion by Kelly, second Erskine, Council ratified the appointment of Roger Slates to the Planning Commission on an acting basis until such ..time as post- ing pursuant to the Maddy Act is completed. The motion carried by the follow- ing roll call vote: AfES: Kelly, Green, Finley, Erskine, Mays, Bannister NOES: None ABSTAIN: Winchell ABSENT: None (City Council) ROGER CABLE _SYSTEMS Councilman Kelly reported that he had been informed that Rogers Cablesystems of Toronto, Canada, was putting all holdings in the United States up for sale. ilR (CityC n Mayor Erskine stated his concern regarding rumors pertaining to a proposal to build a floating airport off shore of Huntington Beach. The Mayor stated he would agendize discussion of the matter for the May 2, 1988 Council meeting. The Mayor/Chairman adjourned the regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach. ATTEST: Alicia M. Wen.tw-or City Clerk/Clerk BY °1 Deputy City Clerk/Deputy ClWrk 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 Y, Deputy City 1erkl.Deputy Clerk �.�yor/Chairman 0 0 C .59