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HomeMy WebLinkAbout1988-12-05MINUTES Room B-8, Civic Center Huntington Beach, California Monday, December 5, 1988 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Erskine called the Special Meeting of the City Council of the City of Huntington Beach to order at 6:30 p.m. ROLL CALL Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None The City Clerk was directed to read the Call for Special Meeting. John Erskine, Mayor Tom Mays, Mayor Pro Tem Wes Bannister, Councilmember Ruth Finley, Councilmember Peter Green, Councilmember Jack Kelly, Councilmember Grace Winchell, Councilmember You are hereby notified that a Special Meeting of the City Council of the City of Huntington Beach, California, is called for and.will be held in the Council Chamber of the Civic Center, at the hour of 6:30 P.M., on Monday, December 5, 1988, for the following purposes: (1) (City Council) LEASE AGREEMENT - H NTINGTON NATIONAL MNK - 31_1 FAIN STREET - Approve and authorize execution of a three year lease agreement between the City and Huntington National Bank for lease of city -owned property at 311 Main Street. (1st year $1,000 mo) (2nd year $1,950 mo) (3rd year $2,450) (2) Closed Session pursuant to G. C. 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 - COTA v. City of Huntington Beach, Orange County Superior Court Case No. 502921. Upon reconvening the City Council may take action regarding the aforementioned items. LJ� � 9i3 Page 2 - Special Meeting - 12/5/88 Dated: December 1, 1988 /s/ JQhn Erskine Mayor ATTEST: CONNIE BROCKWAY Ls.L Connie Brockway City Clerk I hereby certify that I received the above notice, "Call for Special Meeting of the City Council", prior to 6:30 p.m., on Sunday, December 4, 1988. Mayor The Mayor called a Closed Session of Council to order at 6:30 p.m. pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pend- ing litigation which has been initiated formally and to which the City is a party. The title of the litigation is COTA v. City of Huntington Beach, Orange County Superior Court Case No. 502921. RECESS - RECO VEME The Mayor called a recess of Council at 6:45 p.m. The meeting was reconvened 6:50 p.m. (City Council)LWE AGREEV MT APPItOsVED - HIMIMGTQM MATIONALMNK= 311 N&IN SIREIET The City Clerk presented a communication from the City Administrator trans- mitting a proposed.lease agreement with the Huntington National Bank. The City Administrator presented a staff report. Following discussion, a motion was made by Kelly, seconded by Bannister, to approve and authorize execution of a three-year tease agreement between the City and the Huntington National Bank for lease of city -owned property at 311 Main Street, first year $1,000 per month, second year $1,950 per month and third year $2,450 per month. The motion carried by the following roll ca11 vote: AYES: Kelly, Green, Finley, Mays, Winchell, Bannister NOES: None ABSTAIN: Erskine ABSENT: None Page 3 - Special Meeting - 1215188 The Mayor declared the Special Meeting of the City Council of the City of Huntington Beach adjourned. City Clerk and ex-officioalerk of the City Council of the city of Huntington Beach, California ATTEST; City Clerk A 1 Ie CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CALL FOR SPECIAL MEETING OF CITY COUNCIL John Erskine, Mayor Tom Mays, Mayor Pro Tem Wes Bannister, Councilmember Ruth Finley, Councilmember Peter Green, Councilmember Jack Kelly, Councilmember Grace Winchell, Councilmember CALIFORNIA 92648 You are hereby notified that a Special Meeting of the City Council of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 6:30 P.M., on Monday, December 5, 1988, for the following purposes: (1) sty Council) LEASE AGREEMENT - HUNTINGTON NATIONAL BANK - 311 MAIN STREET - Approve and authorize execution of a three year lease agreement between the City and Huntington National Bank for lease of city -owned property at 311 Main Street. (1st year $1,000 mo) (2nd year $1,950 mo) (3rd year $2,450) (2) Closed Session pursuant to G. C. 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 - COTA v. City of Huntington Beach, Orange County Superior Court Case No. 502921. Upon reconvening the City Council may take action regarding the aforementioned itPmS. Hated: December 1, 1988 ATTEST: u-L Connie Brockway, City C1e I hereby certify that I received the above notice, "Call for Special Meeting of the City Council," prior to 6:30 P.M., on Sunday, December 4, 1988. (Telephone. 714-536-5227 -figs MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, December 5, 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 Rede- velopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by youth representatives from the Girl Scouts, Campfire Girls, Boy Scouts, and the 4—H Club of Huntington Beach with Marilyn Thorp and Carolyn Carr leading. The Pledge of Allegiance was led by Marilyn Thorp. The Invocation was given by Carolyn Carr. (City Council/Redevelopment) MINUTES — APPROVED On motion by Bannister, second Kelly, Council/Agency, unanimously approved and adopted the minutes of the adjourned regular Council/Agency meeting of October 24, 1988, regular Agency meeting of October 24, 1988, regular Council/Agency meeting of November 7, 1988, and adjourned regular Council/Agency meeting of November 21, 1988, as written and on. file in the Office of the City Clerk. RES NO 596 — ADOPTED — GENERAL MUNICIPAL ELECTION — NOVEMBER S 1988 — CERTIFICATION OF CANVASS OF ELECTION BY REGISTRAR OF VOTERS The City Clerk presented Resolution No. 5963 for Council consideration — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1988, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." On motion by Kelly, second Finley, Council adopted Resolution No. 5963 by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None 167 Page 2 -- Council/Agency Minutes - 12/5/88 MAYOR'S STATEMENT Mayor Erskine expressed his appreciation to Council, staff, and his family for their support and reviewed the accomplishments of Council over the past four years. OATH OF OFFICE TO CITY CLERK The Mayor administered the Oath of Office to Connie Brockway, City Clerk. OUTGOING PRESENTATIONS Mayor Erskine presented gifts to the outgoing councilmembers and thanked them for their support. PRESENTATION - 400 FROM RUTH FINLEY - CONTRIBUTION TO CHILDREN'S LIBRARY Mayor Erskine accepted a $400 contribution from Ruth Finley on behalf of the Children's Library. OUTGOING STATEMENT - JACK KELLY Councilman Kelly stated his appreciation to City Hall staff for their help and service during his eight and a half years of service on the City Council. OATHS OF OFFICE TO C NCILMEMBERS/CITY TREASURER The City Clerk administered the Oath of Office to the newly elected officers as follows: Peter Green, Councilman; Don MacAllister, Councilman; Jim Silva, Councilman; and Donald Watson, City Treasurer. RECESS - RECONVENE The Mayor called a recess of City Council at 7:40 p.m. Council reconvened with City Clerk presiding at 7:45 p.m. ROLL CALL Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None ELECTION OF MAYOR BANNISTER The City Clerk declared the office of Mayor vacant. Councilman Silva nominated Councilman Bannister for the office of Mayor. Councilwoman Winchell nominated Councilman Green for the office of Mayor. Page 3 - Council/Agency Minutes - 1215/88 Mayor Bannister was elected by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Greens Winchell ABSENT: None ELECTION OF MAYOR PRO TEMPORE MAYS Councilman Silva nominated Councilman Mays for the office of Mayor Pro Tempore. Councilwoman Winchell nominated Councilman Green for the office of Mayor Pro Tempore. Mayor Pro Tempore Mays was elected by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None PRESENTATION - SCULPTURE TO MAYOR ERSKINE FOR DEDICATED LEADERSHIP Mayor Bannister presented a sculpture to Mayor Erskine for his dedicated leadership during his term of being Mayor to the City Council. STATEMENTS FROM NEWLY ELECTED QQUNCILMEN MacALLISTER GREEN AND SILVA The newly elected and re-elected councilmembers expressed their appreciation to their families and supporters. PRESENTATION - FROM HB SEARCH & RESCUE EXPLORER SCOUTS -- TO CITY COUNCIL On behalf of the H.B. Search & Rescue's Explorer Scouts, J. B. Hume, Sgt. of Arms of the H.B. Police Department, presented a packet of photographs of the project, Home Sweet Home, to the City Council. RECESS -- RECONVENE The Mayor called a recess of Council at 8:10 p.m. The meeting was reconvened at 8:15 p.m. for reorganization of seating, COMMENTS BY NEWLY ELECTED MAYOR Mayor Bannister expressed his appreciation for being elected Mayor and com- mitted his devotion to the office of Mayor with the main emphasis being placed on unity, progress, and cooperation. PUBLIC COMMENTS n Shomak r, President of Huntington Beach/Fountain Vally Board of Realtors, congratulated the new City Council. 1 (%4 9 Page 4 — Council/Agency Minutes — 12/5/88 Martha Valentine, V.F.W. President to the Post 1368 Ladies' Auxiliary Post, addressed Council and requested that they honor POW's and MIA's the wee'< of December 13, 1988, by flying the "Flag of Hope" over the city of Huntington Beach and the City Council Chamber. She stated that V.F.W. members would like to be present when the "Flag of Hope" is raised. Bob Kakuk distributed a letter to Council members which he is sending to every City Hall in California in the hope that they will fly the "Flag of Hope". MIA/POW RESOLUTION TO BE PREPARED A motion was made by Mays, seconded by MacAllister, to direct staff to prepare a resolution proclaiming December the MIA and POW month. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None David Weisbart advised Council that he would be monitoring Council action regarding the relocation of Driftwood residents. Cheryl Browning commented adversely on political contributions in the November Council election. Doug Langevin spoke in opposition of the H.S. National Bank lease that was approved at an earlier meeting. Diane Gaynor congratulated Council members and requested they work for a re— alistic solution to the Ascon issue. Tom Staley addressed Council in support of redevelopment plans and pier recon— struction. He congratulated the members of the Council and urged them to vote management growth for the City. Bob Biddle requested reconsideration of the trash collection fee that has been added to the water bill. Colleen McCammon addressed Council to enforce laws to remove hard—core porno— graphy in the City. She presented a communication to the City Clerk and City Council dated December 5, 1988. She requested everybody in the Council Chamber who supported her request to clap, which produced a standing ovation. Council and the City Attorney discussed the Miller Law regarding pornography. Tom Vincent, Barbara Brq kc man, Bill Brockman, Pastor Tom Vincent, Jim Steinmetz, Ron McCuen, Shirley Orlando, Jeanne Lyons, Darrin Mcyatt, im Elorderay, Ron McCuen spoke against pornography being available in the City. Dan Reives commented that Council should not to be rushed into action regard— ing the pornography issue. He stated he was for the First Amendment to the Constitution. Mayor Bannister directed staff to review business licenses and to ensure that the newsstands containing pornography do not block City sidewalks. . V O Page 5 — Council/Agency Minutes — 12/5/88 CONSENT CALENDAR — (ITEMS REMOVED The City Administrator requested that the item pertaining to the Supplemental Agreement No. I to Agreement with Arizona Board of Regents be removed from the Consent Calendar for separate consideration. He requested that the item per— taining to lease of vacant City property to California Resorts and Haseko Association and the item pertaining to Amendment No. 1 to contract for Pacific relocation consultants for providing relocation administration be deleted from the agenda. CONSENT CALENDAR — (ITEMS APPROVED On motion by Erskine, second MacAllister, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None MENT COMPLEX — Approved the assignment of Haseko (California) Inc. as finan— cial partners in the Phase I, entertainment complex development pursuant to Section 107 of the Special Amended and Restated Disposition and Development Agreement. -(-City Council PARCEL MAP 88-229 — APPROVED — T MLEY HOMES INC ---HACIENDA DRIVEIDUNES LANE -- Approved final parcel map, accepted offer of dedication pur— suant to mandatory findings set forth by the Zoning Administrator and instructed the City Clerk to execute same and release map to the county for processing. (City Council) TRACT NOS 12863 & 12897„- APPROVED — SOUTHEAST OF MAGNOLIA AND ATLANTA — J M PETERS — Accepted improvements dedicated for public use, authorized release of the Faithful Performance Bond, Monument Bond and ac— cepted Guarantee and Warranty Bond Nos. 9429405 and 9429425 and instructed the City Clerk to notify the bonding company of this action. (City C until SEWER & WATER MAINS FOR PARKING STRUCTURE MAIN —WALNUT — APPROVED — CC-706 — Approved plans and specifications for the sewer and water main relocation in conjunction with the Main Street at Walnut Avenue parking structure and authorized the staff to solicit bids. (City Council) RESOLUTION NO 5962 — ADOPTED — DECLARATION OF TRUST FOR INTERNATIONAL CITY MANAGEMENT ASSN I A RETIREMENT TRUST — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE ICMA RETIRE— MENT TRUST RELATING TO A DEFERRED COMPENSATION PLAN." Page 6 — Council/Agency Minutes — 12/5/88 (City Councill CONCESSION LEASE- AGREEMENT - APPROVED - PARK BENCH CAFE - MICHAEL & CHRISTIE BARTUSICK — Approved and authorized execution of a Lease Agreement between the City and Michael & Christie Bartusick for lease of the city building known as "Park Bench Cafe" located on Huntington Central Park property, east of Goldenwest, north of Central Library on Talbert Avenue. (City Council), APPROPRIATION OF FUNDS FOR RELOCATION OF DRIFTWOOD RESIDENTS - APPROVED - MAIN -PIER REDEVELOPMENT PROJECT AREA — Approved the appro— priation of $3,200,000 in the Capital Improvement Budget of the Main Pier Re— development Project Area in an account titled "Driftwood Relocation Project, for the relocation of Driftwood Mobilehome Park residents displaced by the first phase of the Waterfront Project. (City Council) SUPPLEMENTAL AGREEMENT NO I TO AGREEMENT WITH ARIZONA BOARD OF REGENTS — UNIVERSITY OF ARIZONA - CHARACTERIZATION OF COLOR AND ODOR CONSTITUENTS IN WATER WELLS The City Clerk presented a communication from the Director of Public Works transmitting Supplemental Agreement No. 1 between the Arizona Board of Regents, University of Arizona, to June 30, 1989 to provide for additional testing of water samples. The City Administrator stated the account number was incorrect and should be corrected to read account number 921639. A motion was made by Erskine, seconded by MacAllister, to approve and to au— thorize the execution of Supplemental Agreement No. 1 between the Arizona Board of Regents, University of Arizona, to June 30, 1989 to provide for addi— tional testing of water samples. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) LEASE OF VACANT CITY PROPERTY TO CALIFORNIA RESORTSIHASEKO ASSOC_ -- REMOVED_ FROM AGENDA AT REQUEST OF CITY ADMINISTRATOR - WALNUT/LAKE - MAIN PIER REDEVELOPMENT PROJECT AREA By consensus of Council, the item pertaining to the lease of vacant City pro— perty to California Resorts and Haseko Association was removed from the agenda at the request of the City Administrator. (Redevelopment Agency) AMENDMENT NO 1 TO CONTRACT FOR PACIFIC RELOCATION CONSULTANTS FOR PROVIDING -RELOCATION ADMINISTRATION - REMOVED FROM AGENDA AT REQUEST OF CITY ADMINISTRATOR By consensus of Council, the item pertaining to the execution of Amendment No. 1 to Agreement between the Redevelopment Agency of the City and Pacific Relocation Consultants for relocation assistance service within adopted redevelopment project areas was removed from the agenda at. the request of the City Administrator. Page 7 — Council/Agency Minutes — 1215/88 (City Council) CONTRACT APPROVED — PUBLIC „SAFETY COMPUTER AIDED_ DISPATCH (CAD) & RECORDS MANAGEMENT SYSTEM (RMS) — McDONNELL-DOUGLAS CORP The City Clerk presented a communication from the Fire Chief and the Police Chief transmitting an Agreement Between the City of Huntington Beach and McDonnell Douglas Corporation through McDonnell Douglas Computer Systems Company for Computer Aided Dispatch (CAD) and Records Management System (RMS). Fire Chief Picard presented a staff report. Following discussion, a motion was made by MacAllister, seconded by Erskine, to approve the contract, as amended by modifying Section 14.0 Limitations of Liability by adding the words ..."The foregoing limitation shall not apply to claims for damages arising out of circumstances unreTated to the data process— ing functions of the Equipment, the Operating System Software and/or the Application Software."... and by modifying Section 23.3 Insurance and Indemni- fication to read as follows: "Seller hereby agrees to defend, indemnify and hold harmless Buyer, its officers, employees and servants from any and all loss, damage, cost, expense, liability, claims, demands or judgments arising directly or indirectly out of the work or project, resulting from the sole negligence of Seller and unrelated to the data processing function of the Equipment, the Operating System Software, and/or the Application Software ...", for $2,538,992 with McDonnell Douglas Corporation for the purchase and installation of the CAD/RMS System for the Police and Fire Departments and appropriate a project budget of $2,981,214 and approve a seven (7) year bond issue Certificates of Participation (COP) as the method of financing this acquisition. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Silva, Erskine NOES: None ABSENT: Mays (out of the room) Redevelopment Agent) AMENDMENT TO TOWN SOLIARE_PHASE II OWNER PARTICIPA— TION AGREEMENT — REMQVED FROM AGENDA AT REQUEST OF CITY ADMINISTRATOR By consensus of Council, the item pertaining to an amendment to Townsquare Owner Participation Agreement between the City and Mola Development was re— moved from the agenda at the request of the City Administrator. Councilman Mays left the roam. (Redevelopment Agency) _PUBLIC._ HEARING — RESOLUTION OF NECESSITY NO. 161 - NTINUED OPEN TO 1/3/89 — MAIN —PIER PROJECT AREA — PHASE I OIL INTERESTS EMINENT DOMAIN -- H & 0 OIL CO — (2ND & 3RDSTREETS The Mayor announced that this was the day and hour set for a public hearing to consider the adoption of Resolution of Necessity relative to acquisition of surface oil interests in connection with completion of the Phase I Project within the Main —Pier Project Area as amended. (121 & 123 -- 2nd Street, 120 & 122 — 3rd Street, — A.P. 024-166-02 & 09) ,. 7 43 Page 8 -- Council/Agency Minutes - 12/5/88 A motion was made by WinchelI, seconded by Green, to continue the open public hearing pertaining to the adoption of Resolution of Necessity relative to acquisition of surface oil interests in connection with completion of the Phase I Project within the Main -Pier Project Area as amended. (121 & 123 - 2nd Street, 120 & 122 - 3rd Street, - A.P. 024-166-02 & 09) to January 3, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Silva, Erskine NOES: None ABSENT: Mays (out of the room) Councilman Mays returned to the room. (City Council) PUBLIC HEARING - C DE AMENDMENT 88 3A - APPROVED - REVISION TO THE DOWNTOWN SPECIFIC PLAN - RESOLUTION NO 5958 - ADOPTED - ORD_ NO.2981 - INTRODUCTION APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider the following: SUBJECT: Code Amendment No. 88-3A APPLICANT: City of Huntington Beach LOCATION: Downtown area generally located along Pacific Coast Highway between Goldenwest Street and Beach Boulevard (see attached map) ZONE: Downtown Specific Plan PROPOSAL: Accept modified language approved by the Coastal Commission for the Downtown Specific Plan ENVIRONMENTAL STATUS: Covered by Environmental Impact Report No. 82-2 which was previously adopted by the City Council on July 18, 1983. COASTAL STATUS: Pursuant to Section 13551(b)(2) of the California Coastal Commission regulations, the approved language as modified by the Coastal Commission requires formal local government adoption by means of a resolution. The City Clerk announced that all legal requirements for publication and post- ing had been met, and that she had received no communications or written protests to the matter. Page 33 of Ordinance No. 2981 was inadvertently not printed and was given to Council prior to the meeting. The Acting Director of Community Development 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. 1 i 74 Page 9 - Council/Agency Minutes - 12/5/88 The City Clerk presented Resolution No. 5958 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ACCEPTING APPROVED MODIFICATIONS BY THE COASTAL COMMISSION REGARDING LOCAL COASTAL PROGRAM AMENDMENT NO. 1 - REVISIONS TO THE DOWNTOWN SPECIFIC PLAN. The City Clerk presented Ordinance No. 2981 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REVISING SECTION 3.0 AND SECTION 4.0 WITHIN THE DOWNTOWN SPECIFIC PLAN." A motion was made by MacAllister, seconded by Green, to approve Code Amendment No. 88-3A, to adopt Resolution No. 5958, and, after reading by title, to approve introduction of Ordinance No. 2981. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council PUBLIC HEARING - ORD NOS 2975 AND 2 7 - ADOPTED - 1985 UNIFORM CODE The Mayor announced that this was the day and hour set for a public hearing to consider the adoption of Ordinance Nos. 2975 and 2976. Uniform Codes are published every three years to keep up with current design technology and con- struction materials. After the State Department of Housing and Community Development adopts the Uniform Housing Code, Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and National Electric Code, the cities are required to adopt the codes. The State has adopted each of these codes and it is now appropriate for the City to adopt them as we have done in the past. In addition, companion codes are published which are not State mandated. These include the Uniform Administrative Codes, Uniform Code for Abatement of Dangerous Buildings and Uniform Solar Energy Code. These codes both consol- idate the administrative portions of the Uniform Codes and protect the public from hazardous conditions. The City Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. The Acting Director of Community Development 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. The City Clerk presented Ordinance No 2975 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY REPEALING SECTIONS 17.20.020; and AMENDING SECTIONS 17.20.060, 17.24.010, 17.28.030, 17.28.070, 17.28.080, 17.28.090, 17.28.100, 17.28.110, 17.64.020, AND 17.64.160, RELATING TO DRIVEWAYS AND PARKING AREAS, SUNDECKS, MOVING OF BUILDINGS AND UNDERGROUNDING UTILITIES." Page 10 - Council/Agency Minutes - 12/5/88 The City Clerk presented Ordinance No. 2976 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY REPEALING CHAPTERS 17.02, 17.04, 17.08, 17.12, 17.40, 17.44, 17.48, AND 17.60; AND ADDING THERETO NEW CHAPTERS 17.02, 17.04, 17.08, 17.12, 17.40, 17.44, 17.48, AND 17.60 TO ADOPT THE UNIFORM ADMINISTRATIVE CODE, 1985 EDITION; THE UNIFORM BUILDING CODE, 19B5 EDITION: THE UNIFORM HOUSING CODE, 1985 EDITION: THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION; THE UNIFORM MECHANICAL CODE, 1985 EDITION; THE UNIFORM PLUMBING CODE, 1985 EDITION, THE NATIONAL ELECTRICAL CODE, 1987 EDITION, AND THE UNIFORM SOLAR ENERGY CODE, 1986 EDITION." A motion was made by Mays, seconded by Erskine, to adopt Ordinance Nos. 2975 and 2976, after reading by title. The motion carried by the following roll call vote; AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council)PUBLIC HEARING - RES NOS 5952, 5960 & 5961 - ADOPTED - PROPOSED RESERVOIR HILL ASSESSMENT DISTRICT NO 88-1 The Mayor announced that this was the day and hour set for a public hearing on protests or objections to the Resolution of Intention, Engineer's Report and all other matters relating to Assessment District No. 88-1 (Reservoir Hill) - improved water service in the Ellis-Goldenwest area of the City. The -City Clerk announced that notice of the Public Hearing has been given in the manner and form as required by law and that a Certificate of Compliance is on file certifying that notice was given in the following ways: posting all public streets within the District, mailing notice to property owners within the District, filing proposed boundary map in Office of County Recorder, publication of Notice of Improvement, publication of Notice Inviting Sealed Proposals, and that she had received one communication in opposition of the project from Ronald and Ann Brindle, dated November 23, 1988; three communi- cations in support of the project from Margaret Lindsey, dated November 8, 1988; the Huntington Beach Company, dated November 30, 1988; and Eliza Dixon, dated September 2, 1988, transmitting a "Petition and Waiver for Special Assessment Proceedings". The Director of Public Works presented a staff report. Les Evans, City Engineer, described the boundaries of the district and the purpose of the project. Fire Chief Picard commented on the report. Jeff Renna, Water Division, presented a report on the project. The Mayor declared the hearing open. Don Weir and Bruce Greer addressed Council in opposition of the project. Bill Holman and Eliza Dixon spoke in support of the project. Page 11 - Council/Agency Minutes - 1215/88 There being no one further to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Les Evans reported the final percentage of protests to be the following: Mr. Brindle represents 14.56 acres, Mr. Greer represents 4 acres, and Mr. Weir, owner of Weir Oil, represents 4.779 acres. The total protests of 23.339 acres or 3.896%. Discussion between Counciimembers Winchell and MacAllister, Les Evans, the City Administrator, Chief Picard, and Mr. Divan, the attorney retained by the City to act as bond counsel, was held in regards to Ayres Storage being exempt from the district. Mr. Evans stated that Ayres is a class of property that is already fully developed and does not receive the direct benefit that other properties receive due to this project. The City Clerk presented Resolution No 5959 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S "REPORT" IN A SPECIAL ASSESSMENT DISTRICT." (This Resolution is appropriate for any changes or modifications required from the first presentation of the Engineer's "Report".) The City Clerk presented Resolution No 5960 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DIS- TRICT." (This Resolution adopted if any protests, oral or written, to the establishment of a Special Assessment District have been received.) The City Clerk presented Resolution No 5961 for Council consideration - "A RESOLUTION OF THE CITY_ COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER"S "REPORT" RELATED TO ASSESSMENT DISTRICT NO. 88-1." (This Resolution orders the work and confirms the assessments) A motion was made by Erskine, seconded by Silva, to adopt Resolution Nos. 5959, 5960, and 5961. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None RECESS/RECONVENE The Mayor called a recess of Council at 10:40 p.m. The meeting was reconvened at 10:45 p.m. (City Council) CLOSED PUBLIC _HEARING - CONTINUED TO FIRST MEETING. JULY_ _1989 - APPEAL OF PLANNING COMMISSION DENIAL_ QF ZONE CHANGE - 87-16 & NEGATIVE DECLARATION 87-49 - HUNTINGTON BEACH COMPANY - FORMA CONSULTANTS -APPROVED The Mayor announced that this was the day and hour set for a decision on a closed public hearing on an appeal to the Planning Commission's denial of Zone Change No. 87-16 and Negative Declaration No. 87-49 continued from June 20, 1988, said public hearing was opened and closed on March 21, 1988. *7 Page 12 - Council/Agency Minutes - 1215/88 The City Administrator requested that the closed public hearing be continued to the first City Council meeting in July 1989. The Acting Director of Community Development recommended the approval of Forma Consultants acting as the Master Plan Consultants working for the City at the expense of the Huntington Beach Company. A motion was made by Silva, seconded by Mays, to continue action on Zone Change No. 87-16 and Negative Declaration No. 87-39 to the first City Council meeting in July 1989 so that the Holly-Seacliff Master Plan may be completed, to approve Forma Consultants to act as the Master Plan Consultants working for the City at the expense of the Huntington Beach Company, to schedule a study session date of which will be determined by staff; and for staff to present an agendized status report or study session mid -March 1989. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None ORD NO 2971 -_ADOPTED - ZC-88-14 The City Clerk presented Ordinance No. 2971 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZON- ING FROM MEDIUM DENSITY RESIDENTIAL, MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN - LOT SPECIFIC PLAN SECTION 'A', ON REAL PROPERTY GENERALLY LOCATED ON EIGHT ACRES BETWEEN GOLDENWEST STREET, PALM AVENUE, TWENTY-SECOND STREET AND WALNUT AVENUE (ZONE CHANGE 88-14)." On motion by MacAllister, second Silva, Council adopted Ordinance No. 2971, after reading by title, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None ORD NO 2977 - ADOPTED - RESIDENTIAL PARKING PERMIT The City Clerk presented Ordinance No. 2977 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 10.42.030 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO RESIDENTIAL PARKING PERMIT." On motion by Mays, second Silva, Council adopted Ordinance No. 2977, after reading by title, by the following roll call vote: AYES: MacAllister, Green, Bannister, Mays, Silva, Erskine NOES: Winchell ABSENT: None Page 13 — Council/Agency Minutes — 12/5/88 ORD NO 2980 — ADOPTED — ZC 88-11 — 5PRINGFIELD OIL R VERY PROJECT — ANGU OIL The City Clerk presented Ordinance No. 2980 for Council consideration -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM OLDTOWN SPECIFIC PLAN (DISTRICT TWO) WITH OIL SUFFIX TO OLDTOWN SPECIFIC PLAN (DISTRICT TWO) WITH OIL SUFFIX FOR DRILLING PURPOSES ON REAL PROPERTY GENER— ALLY LOCATED BETWEEN DELA14ARE STREET TO THE EAST, ROCHESTER AVENUE TO THE SOUTH, CALIFORNIA STREET TO THE WEST, AND SPRINGFIELD AVENUE TO THE NORTH, (ZONE CHANGE NO. 88-11)." (Springfield Oil Recovery Project — Angus Oil) On motion by Erskine, second Green, Council adopted Ordinance No. 2980, after reading by title, by the following roll call vote: AYES: MacAllister, Green, '„='r►erre"�r, Bannister, Mays, Silva, Erskine NOES: Winchell ABSENT: None PLANNING COMMISSI.QNER RESIGNATION — ACCEPTED — JIM SILVA A motion was made by Bannister, seconded by Mays, to accept the resignation of Jim Silva from the Planning Commission. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSTAIN: Silva ABSENT: None PLANNING COMMISSIONER APPOINTMENT — APPROVED — BARRY WILL! M On motion by Bannister, second MacAllister, Council/Agency unanimously rati- fied the appointment to the Planning Commission of Barry Williams. LETTER FROM MAYOR RECOMMENDING APPOINTMENT OF COUNCILMAN MacALLISTER TO THE RESOLUTIONS COMMITTEE OF THE LEAGUE OF CALIFORNIA CITIES On motion by Erskine, second Mays, Council/Agency unanimously approved author— ization for the Mayor to send a letter to the League of California Cities recommending the appointment of Councilman MacAllister to the Resolutions Committee. MAYOR'S COMMITTEE — DISSOLVED Following discussion, Mayor Bannister dissolved the Mayor's Committee. Page 14 - Council/Agency Minutes - 12/5/88 FINISHED GRADE OF PALM STREET PROJECT - STAFF TO ENSURE CITY CODE NOT VIOLATED Councilman Erskine requested the City Administrator to direct staff to survey the finished graded pad along 24th Street of the Palm Street Project to ensure that it is not higher than specified by City code. COUNCILMEMBERS TO STUDY POSSIBLE STATE AND FEDERAL FUNDING FOR CITY Mayor Bannister requested Council members to notify him of team preference for Washington Team or Sacramento Team for the purpose of obtaining additional funding for the City. In addition, councilmembers will travel to Washington or Sacramento for the same reason. COUNCIL/AGENCY LIAISON TO BOARD, COMMISSION ANDCOMMITTEE APPOINTMENTS - APPROVED On motion by Mays, seconded by Erskine, Council approved and made a determin- ation that the need to take action on the issue of Council/Agency liaison to board, commission and committee appointments arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2) by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None A motion was made by MacAllister, seconded by Erskine, to approve the following appointments: PCTA SANITATION DISTRICT #3 Primary - Don MacAllister Primary - John Erskine Alternate - Jim Silva Alternate - Wes Bannister LEAGUE ,OF CALIFORNIA CITIES Primary - Don MacAllister Alternate - Jim Silva ALLIED ARTS BOARD Grace Winchell John Erskine WEST OC WATER BOARD Grace Winchell Wes Bannister BOLSA CHICA COMMITTEE Primary - John Erskine Peter Green Alternates - Grace Winchell Wes Bannister SANITATION DISTRICT #11 Primary - Tom Mays Alternate - Wes Bannister SISTER CITIES Jim Silva Grace Winchell 4TH OF JULY EXECUTIVE BOARD Peter Green Tom Mays Don MacAllister WATERFRONT Tom Mays Peter Green 1_1BfM Page 15 - Council/Agency Minutes — 12/5/88 PIERSIDE PHASE I PIER51DE PHASE II Jim Silva Don MacAllister Grace Winchell John Erskine The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None Mayor Bannister stated that appointments to the ad hoc Management Growth Committee would be made by Jim Silva, Don MacAllister, and Wes Bannister. COUNCILMEMBER LIAISON REPORTS TO BE ITEM B ON THE AGENDA Mayor Bannister requested councilmembers to present reports regarding Council/Agency liaison to boards, commissions and committees under Item B on future agendas. ADJQURNMENT The Mayor/Chairman adjourned the regular City Council meeting of the City of Huntington Beach at 11:10 p.m. to 9 a.m., Saturday, December 17, 1988 at the Seacliff Country Club, 6501 Palm Avenue, Huntington Beach. ATTEST: City Clerk/Clerk I I /� '4--) _ / ") Clerk of the Redevelopment Agency and City Clerk and ex--officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman