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HomeMy WebLinkAbout1989-08-21MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, August 21, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. ROLL CALL Present: MacAllister, Green, Winchell, Bannister, Mays, Silva (Erskine arrived 5:50 p.m.) Absent: None PUBLIC COMMENTS No one spoke at this time. (Qity Council) DISCUSSION HELD RE PUBLIC -HEARING - ZONE fHANGE 88-.18 - APPEAL BY COUNCILMAN GREEN OF PLANNING COMMISSION'S ACTION TO WITHDRAW - NON - CERTIFIED COASTAL AREA (INLAN_SIDE OF�PCH BETWEEN BEACH BLVQ_ AND SAN_T ANA RIVER) - The City Administrator stated that he would recommend the open public hearing on Zone Change 88-18 be continued to September 18, 1989. (Ciij Council DISCUSSION HELD RE: -PUBLIC HEARING - RESOLUTION. NO. 6025 - PARK ACQUISITION AND DEVELOPMENT FEES The City Administrator stated that he would recommend the continuation of the open public hearing on Resolution No. 6025, the park acquisition and develop- ment fees, to September 18, 1989. (City Council) DISCUSSION HELD RE: E ON ESSI NAIRE _AGREEMENTS "JACKS". "ZA KS" "ZACK TOO" "BEACH HUT" The Deputy City Administrator/Economic Development stated that the Waterfront ad hoc Committee had met with the beach concessionaires and determined that short leases would be in the best interest of the City. He stated that the 5-year lease will enable a time of review with Phase I and Phase II and at the Page 2 - Council/Agency Minutes - 8/21/89 end of that time or 12 months before the end of the lease, staff can negotiate with the beach concessionaires in relationship to Waterfront. Councilman Mays stated that the committee that met were Councilmembers MacAllister, Winchell, and himself. (Cityn it DISCUSSION HELD RE: SUPPLEMENTAL AGREEMENT NO. 12 - RAIN DISPOSAL COMPANY, INC. In answer to Councilman Green's inquiry, Jim Sankey, Senior Analyst, stated the rate had already been increased and would not increase again due to the Council action on the Supplemental Agreement No. 12. (City Council) DISCUSSION HELD RE: RESOLUTION NO. 6059 - INDUCEMENT RESO- TION -- FIVE POINTS SPRINGS, LTD., (ELDERLY IEQUSING PROJECT - FLORIDA STREET) Councilman MacAllister stated he would like to know the background history and the party which Five Points Springs, Ltd. represents. The Deputy City Admin- istrator/Economic Development stated the general partner in the project is Ernest Thompson. He stated that he could not provide further detail on Five Points Springs, Ltd. on this night. (Redevelopment Agency) DI CU SIHELD RE: PURCHASE SALE AGREEMENTILEASE AGREEMENT WITH OPTION TO PURCHASE - ROBERT & MAXINE BUTCHER - FOR PROPERTY LOCATED AT 204-5th STREET Councilman MacAllister stated the address on 5th Street should be changed to 204 and that at the 7 p.m. meeting he would be inquiring about the rent. (City Council) DTSCUSSTON HELD RE: HUNTINGTON CENTRAL PARK - NEGATIVE DECLARATION NO 89=22 Councilman MacAllister inquired about having ballfields in Huntington Central Park. Councilwoman Winchell inquired why the restroom was eliminated. Jim Engle, Community Services Superintendent, stated that the existing restroom would be expanded instead of building an additional restroom. (City Council) DISCUSSION HELD RE: RE I NATION FROM FOURTH OF J LY EXECUTIVE BOARD - SUSAN ALEX Councilmembers MacAllister and Mays commented on the procedure for resigna- tions from boards and commissions. Staff was requested to review the procedure. (Cityn it DISCUSSION HELD RE: HUNTINGTON CENIRAL PARK GOLF COURSE The City Administrator stated that Lynn Shackelford would be at the 7 p.m. meeting to present the proposal from the American Golf Corporation. 1 463 Page 3 — Council/Agency Minutes — 8/21/89 itv Council) DISCUSSION HELD RE: HISTORIC RESOURCES BOARD BYLAWS Councilman MacAllister stated he would be requesting the item regarding Historic Resources Board bylaws be continued and redirected to the City Attorney. He stated that he believed that boards and commissions should have a standard bylaw format. (City Council) DISCUSSION HELD RE: — CONSULTANT SERVICE AGREEMENT TO ASSIST ON FINANCIAL SOURCES FOR THE MUNICIPAL PIER The City Administrator stated he believed the City needs a spokesman in Wash— ington to help obtain financial assistance for pier reconstruction from Federal Emergency Management Agency. Councilman Mays stated he was leaving for Sacramento the next day to talk with FEMA to discover their position and believed this item should be continued until September 5, 1989. He recom— mended that the Washington Team go to Washington within the next month. KCity Council) DISCUSSION HELD RE: APPOINTMENT OF POLICE CHIEF The Mayor stated the item pertaining to the appointment of the police chief would be a subject at closed session prior to adjournment of this meeting. (City Council)_ DISCUSSION HELD RE: ORDINANCE NO. 3010 — ALLIED ARTS BOARD Councilman MacAllister stated he would recommend that the item pertaining to the Allied Arts Board be continued so that the bylaws for all boards and commissions could be made consistent. ADVERTISING FOR BOARD VACANCIES In answer to Councilman MacAllister's inquiry, the City Clerk stated the vacancies for the Environmental Board, Historic Resources Board, and the 4th of July Board would be advertised. CLOSED SESSION Mayor Bannister called a Closed Session of Council to order at 6:20 p.m. to consider personnel matters pursuant to Government Code Section 54957 — consid- eration of the selection and employment of Police Chief and the City Administrator. RECESS — RECONVENE The Mayor called a recess of Council at 6:20 p.m. The meeting was reconvened at 7:15 p.m. 164 Page 4 - Council/Agency Minutes - 8/21189 ADJOURNMENT - COUNCIL/REDEVELOPMENT A EN The Mayor/Chairman adjourned the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency to 7:30 p.m., Monday, August 21, 1989, in the Council Chamber. t�� Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the Cit of Huntin on Beach, Cal orni ATT T: City Clerk/Clerk Mayor/Chairman 1 165 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, August 21, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister apologized for the Closed Session meeting at the adjourned City Council and Redevelopment Agency lasting longer than 7 p.m. He then called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7:30 p.m. ROLL CALL Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None PLEDGE OF ALLEGIANCE The Flag Ceremony was led by Mayor Bannister. PRESENTATION __- "CHRIS SPURNEY SCHOLARSHIP AWARD"_ PRESENTED BY ,HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION To JODY BALLACH The Huntington Beach Police Officers Association presented the first "Chris Spurney Scholarship Award" to Jody Ballach who is attending medical school at Thomas Jefferson Medical College, Philadelphia, Pa. Officer Spurney was a popular and dedicated police officer who was killed in an auto accident on June 10, 1987. PRESENTATION -- $10,000 CHECK PRESENTED BY FOURTH OF JULY EXECUTIVE BOARD TO THE CITY OF HUNTINGTON BEACH The Fourth of July Executive Board presented a $10,000 check to the City of Huntington Beach. The presentation was made by Donna Cross, President. NEW POLICE CHIEF — RON LOWENBERG Mayor Bannister stated that the City Council had met in closed session to approve the selection of the City Administrator of the new Police Chief. At the request of the Mayor, City Administrator Paul Cook introduced Ron Lowenberg to the audience and stated that he would begin on September 25, 1989. Mr. Lowenberg addressed Council and expressed his enthusiasm for his new position for the City of Huntington Beach. 166 Page 2 - Council/Agency Minutes - 8/21/89 PUBLIC COMMENTS Rey Waestman and Stacy Kelly, representing Victims Helping Victims, spoke against pornography in the newsracks and thanked Council for adopting Ordinance 3015. CQlleen_McCammon thanked the Council for adopting Ordinance 3015 pertaining to newsracks and stated she would work to urge the State legislature to strengthen laws against pornography. Joe Whaling spoke in opposition of the proposed golf course in Central Park. George Arnold stated he believed that all beach concessionaire agreements should be for a period of five years. He reviewed the history of Rainbow Disposal's contract with the city. The working order of the downtown street lights was among his concerns. He spoke in opposition to the proposed project in Central Park and stated that other projects that were started should have been finished before starting new projects. John Osterlind spoke in support of combining equestrian trails with the proposed Central Park golf course. William Curtis, attorney representing Daisy Piccirelli, spoke in support of Zone Change No. 88-18. He stated he was having an Environmental Impact Report prepared. John Belsher, attorney for Phil Zisakis, spoke in support of the item per- taining to Chartre Centre. He reviewed the history of proposed projects. Phil Zisakis spoke in support of the item pertaining to Chartre Centre. Doug Langevin, member of Historic Resources Board, spoke regarding the item pertaining to the Historic Resources Board bylaws. He stated there were a number of vacancies on the Board and no applications. Jeanine Lyons thanked Council for adopting Ordinance No. 3015 pertaining to newsracks. Brent Isaacs, teacher, stated that he and five others were manning a hotline for chemically dependent people including teenagers and pre -teens. The number was 1+800+388-DRUG. The Mayor suggested that Brent Isaacs speak with Police Sgt. Larry Miller. James Rush spoke in opposition of the proposed golf course in Central Park. He stated a survey previously taken clearly indicated the citizens of Hunting- ton Beach were for the park to remain passive area. He distributed suggested survey sheets to the Council. Tom Bagshaw presented Council with Huntington Beach calendars that were being used as a fundraiser for the proposed new pier. They sell for $9 Saturday and Sunday at the pier or at their office at 5th Street and Orange Avenue. Mary Bell, Coordinator for Equestrian Trails, requested the exploration of combining a golf course with equestrian trails and stated a survey should be conducted due to the proposed golf course eliminating passive park area. 167 Page 3 - Council/Agency Minutes — 8/21/89 Jerry P eon, Chairman of the Historical Resources Board, spoke in support of the alternative action for the item pertaining to the Historic Resources Board byl aws. He stated the Board was not notified that this item would be on the agenda. He read a letter from Diana Blaisure, former staff liaison to the Historical Resources Board, regarding the matter. Ernest Thompson, representing Five Points Springs, Ltd., presented a history of the proposed elderly housing project. Councilman MacAllister requested the history and track record of other elderly housing projects completed by Five Points Springs, Ltd. Ernest Thompson pre- sented information on the matter. ,ferry Shea, Guardian Savings & Loan, requested that his proposed project coin— cide with that of Phil Zisakis'. Russell Jedinik addressed Council and stated all projects at Chartre Centre should be developed concurrently rather than independently. Kr,ityit PUBLIC HEARINGCONTINUED 0 EN FROM 3/2 1 — CONTINUED TO 9/18/89 -- ZONE CHANGE 88-18 — APPEAL _ BY COUNCILMAN GREEN OF PLANNING COMMISS W S ACTION TO WITH RAW — NON —CERTIFIED COASTAL AREA(INLAND SIDE OF PCH BETWEEN BEACH BLVD AND SANTA ANA RIVER) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Zone Change No. 88-18 (Appeal to Planning Commission's action to withdraw) APPLICANT: City of Huntington Beach APPELLANT: Councilman Peter Green LOCATION: The Non —Certified Coastal Area of the City of Huntington Beach gen— erally located on the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River. REQUEST: A public hearing to consider an appeal filed by Councilman Green of the Planning Commission's action to withdraw Zone Change 88-18. Zone change 88-18 proposes to rezone the entire subject area to 7.0 acres of Visitor Serv— ing Commercial, 17.0 acres of Industrial Energy Production with a Coastal Con— servation Overlay, 83.0 acres of Industrial Energy Production within the Coastal Zone, and 124.5 acres of Conservation as indicated on the attached map. The zone change is further identified as follows: ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15265 of the California Environmental Quality Act. COASTAL STATUS: This project is in the Coastal Zone. This zone change must be ultimately reviewed and approved by the California Coastal Commission. 1: Page 4 - Council/Agency Minutes - 8/21/89 A motion was made by MacAllister, seconded by Green, to continue the public hearing open to September 18, 1989 to await receipt of legal opinion. 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 - CONTINUED OPEN FRAM 1/20/89 -- CONTINUED TO 9/18/89 - RESOLUTION NO. 6025 - PARK ACQUISITION AND DEVELOPMENT FEES The Mayor announced that this was the day and hour set for a public hearing to consider Resolution No. 6025 to revise the City's Park Acquisition and Devel- opment Fees. The purpose of the proposed revision is to adjust the valuation of park land which is used to determine the fee on residential development. A motion was made by MacAllister, seconded by Green, to continue the public hearing open to September 18, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva NOES: None ABSTAIN: Erskine ABSENT: None (City Council) APPEAL T PLANNING COMMISSION DENIAL OF ZONE CHANGE NO. 87-16/NEGATIVE DECLARATION NO. 87-49 (CONTINUED FRAM 12/5l88) (HOLLY- SEACLIFF MASTER PLAN) - HUNTINGTON BEACH COMPANY - HIEDWARDS - N/GARFIELD THIS ITEM WILL APPEAR ON FORTHCOMING REGULAR COUNCIL MEETING AGENDAS UNTIL THE CITY ATTORNEY HAS RECEIVED THE FAIR POLITICAL PRACTICES COMMISSION OPINION RELATIVE TO CONFLICTS OF INTEREST WHICH WILL DETERMINE THE PROCEDURE BY WHICH COUNCIL CAN APPROVE OR DISAPPROVE THE RECOMMENDED ACTION TO CONTINUE TO 11/20/89 SO THAT THE HOLLY-SEACLIFF MASTER PLAN MAY BE C PLETED.) Public hearing closed on 3121/88 and study session held on 6/20/88 on an appeal by the Huntington Beach Company of the Planning Commission's denial of Zone Change No. 87-16 and Negative Declaration No. 87-49 on February 17, 1988. Zone Change No. 87-16 is a request by the Huntington Beach Company to rezone 55.5 gross acres generally located at the NW corner of Edwards Street and Garfield Avenue which are presently designated with three different zoning classifications. The request is to change the zoning as follows: (1) Approximately 43 acres from RA-01 (Residential Agricultural combined with Oil Production) to R1-(2)-01-10,000 (Low Density Residential-2 units per acre -with a minimum 10,000 square foot lot size -combined with Oil Production); (2) Approximately .5 acres from RA-0-CZ (Residential Agricultural combined with Oil Production in the Coastal Zone) to R1-(2)-0-10,000-CZ (Low Den- sity Residential-2 units per acre with a minimum 10,000 square foot lot size -combined with Oil Production in the Coastal Zone); and 169 Page 5 - Council/Agency Minutes - 8/21/89 (3) Approximately 12 acres from RA-01-CZ (Residential Agricultural combined with Oil Production and Drilling in the Coastal Zone) to Rl- M-01-10,000-CZ (Low Density Residential-2 units per acre -with a min- imum 10,000 square foot size lot -combined with Oil Production and Drilling in the Coastal Zone). In response to the Planning Commission's denial, the applicant has requested the addition of the "Q" suffix to the zoning to conditionally require environ- mental analysis prior to the approval of any development entitlement on the property. A motion was made by MacAllister, seconded by Green, to continue the item per- taining to the Holly-Seacliff Master Plan to November 20, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSTAIN: Silva ABSENT: None CONSENT CALENDAR - (ITEMS REMOVEQ) Councilwoman Winchell requested that the items regarding the Huntington Central Park Equestrian Center Penalty Fee and the Beach Concessionaire Agree- ments be removed from the Consent Calendar and considered separately. Councilman MacAllister requested that the following items be removed from the Consent Calendar to be considered separately: Resolution No. 6059, Elderly Housing Project; Resolution No. 6060, OCS Lease Sale 95; Purchase Sale Agree- ment/Lease Agreement with option to purchase, 204-5th Street; New Five -Year Oil & Gas Leasing Plan for off shore oil development. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Erskine, 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 SCity Council/Agency} MINUTES - APPROVED - Approved and adopted Council/ Agency minutes for regular meeting of July 3, 1989, Council/Agency adjourned regular meeting of July 5, 1989, Council/Agency adjourned regular and regular meeting of July 17, 1989 and Agency regular meeting of July 24, 1989, as written and on file in the Office of the City Clerk. (Redevelopment Agency) RESOLUTION NO 181 - ADOPTED - OAKVIEW RfDEVELOPLIENT PROJECT AMENDMENT NO. 1 - PASS -THROUGH AGREEMENTS - "A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY APPROVING AGREEMENTS BY AND BETWEEN THE HUNTINGTON BEACH REDEVELOPMENT AGENCY AND VARIOUS TAXING ENTITIES CONCERNING AMENDMENT NO. i TO THE OAKVIEW REDEVELOPMENT PROJECT." (0. C. Department of Education, 0. C. Vector Control, County of Orange, OCFCD, HBUHSD, OVSD) 170 Page 6 - Council/Agency Minutes - 8/21/89 (City Council) BID AWARD - APPROVED - STREET RESURFACING_ MEDIAN_. CONSTRUCTION AND LANDSCAPE - BEST WESTERN PAVING-_CC-742 - Accepted the low bid of Goal Inc., dba Best Western Paving Co. in the amount of $254,998.25 for the con- struction of Garfield Avenue resurfacing, median construction and landscaping between Newland and Magnolia Streets, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids, approved and authorized execution of the appropriate contract and authorized the Finance Director to encumber $12,500 for anticipated project "incidentals".and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Best Western Paving $254,998.25 corrected Sully Miller 268,619.50 Fecit-Strata Construction 317,919.00 Shawnan Corporation 328,850.00 Excel Paving 346,152.20 corrected (City Council) BID AWARD - APPROVED - WARNER AVENUE BETWEEN EDWARDS/GOTHARD CC-764 AND WARNER AVENUE BETWEEN NEWLAND/MAGNOLIA - CC-758 - PAVEMENT REHABILITATION AND IMPROVEMENTS_- ALL AMERICAN ASPHALT - Accepted the low bid of All American Asphalt in the amount of $434,134.04 for the pavement rehabilitation improvements of Warner Avenue between Edwards and Gothard Streets and Warner Avenue between Newland and Magnolia Street, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids, approved and authorized execution of the appropriate contract and authorized the Finance Director to encumber $6,000 for CC-764 and $6,000 for CC-758, project "incidental s"and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: All American Asphalt $434,134.04 Best Western Paving Co. 438,491.56 Sully -Miller 451,610.07 Excel Paving 484,034.17 R. J. Noble 508,842.08 Shawnan Corp. 534,799.16 City Council] MAIN STREET PARKING STRUCTURE SEWER AND WATER MAIN CONSTRUCTION_ - APPROVED - CC-706 - NOTICE OF COMPLETION -- Accepted improvements completed by Drainage Construction Company on the Main Street Parking structure sewer and water main construction for an amount to date of $262,730 and authorized the City Clerk to file the Notice of Completion. (City Council) PARK LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY - APPROVED - _GISLER PARK - Approved and authorized execution of the License Agreement (SO4-70-054) for the 10.5 acre right-of-way area in Gisler Park at $100 per acre per year to expire June 30, 1999. (City UOUR il)_ SUPPLEMENTAL AGREEMENT NO. 12 - APPROVED - RAINBOW DISPOSAL Q&PANY. INC. - Approved and authorized execution of Supplemental Agreement No. 12 between the City and Rainbow Disposal Company, amending the current agreement by increasing the residential trash collection rate from $7.58 per unit/month to $8.45 per unit/month and increasing commercial dumpster rates as shown on Exhibit "A". 1.'7 1. Page 7 - Council/Agency Minutes - 8/21/89 (City_ Council) ENVI,BONMENTAL BOARD RESIGNATIOK - ACCEPTEp_-_NARY LOU ROSCYZK - Accepted, with regrets, Ms. Rosczyk's resignation from the Environmental Board. Council) FINAL TRACT MAP 1 711 - APPROVED - BEING ALL OF TT 13711 -- SUBDIV15 ON AGREEMENT SEAPORT II/COLTRUP DEVELOPMENT QWPANY - NIS WARNER BETWEEN LYNN/SINS - Approved Final Tract Map 13711, being all of Tentative Tract 13711, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Government Code, accepted offer of dedication and.improvement subject to completion of requirements stipulated, on property located on the north side of Warner Avenue between Lynn Street and Sims Street, 16930 Sims Street and 13931 Lynn Street (through lot approximately 300 feet north of Warner Avenue); examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 1.759 acres (gross); Lot: 1, Developer: Seaport II, Coultrup Development Company, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; the Park and Recreation fees shall be paid or a surety posted in an amount equal to the in -lieu fees and approved as to form by the City Attorney prior to recordation of the final map; drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; the Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map; and further accepted Monument Bond No. 1183060, Faithful Performance Bond No. 1183059, Labor and Material Bond No. 1183059 and approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. CitCouncil) WAIVER OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENT - APPROVED - STA INC - MAIN -PIER - PHASE II EIR - Pursuant to Resolution No. 6023 adopted May 15, 1989, approved waiver of professional liability insurance requirements for Sta, Inc., relative to their preparation of the Main -Pier Phase II Environmental Impact Report. (Project_ site bounded by Main/Sixth/PCH/Walnut). (City Council) H NTIN CENTRA PARK - NE TIV DECLARATION N -22 - APPROVED - Certified Negative Declaration No. 89-22 for the development of sixteen acres in Huntington Central Park, west of Goldenwest at Talbert. (Ogen/passive park land with additional pa-rking and restroom facilities) (Redevelopment A n AUTHORIZATION TQ PROVIDE RELOCATION ASSISTANCE TO CARL HAYWARD RF A_RDS - APPROVED - MAIN -PIER REDEVELQEMENI PHASE I - Authorized the expenditure of relocation funds to assist the existing business of Carl Hayward Surfboards, 116--120 Main Street. in an amount not to exceed $32,000. (City Council)RESIGNATION-FROM FOURTH OF JULY EXECUTIVE BOARD - ACCEPTED - SUSAN ALEX - Accepted, with regret, the resignation of Susan E. Alex from the Fourth of July Executive Board effective August 10, 1989. 1 7rL Page 8 - Council/Agency Minutes - 8/21/89 (City Council) RESOLUTION NO 6061 - ADOPTED - DESTRUCTION OF RECORDS - OFFICE F THE ITY CLERK - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNT- INGTON BEACH AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." (Includes purchasing files for city vehicles, water hydrant - resolutions from other cities - DPW - prevailing wage rate determination amendments) City Council) RESOLUTION NO 6062 - ADOPTED - JOINT APPLICATION WITH CITY OF WESTMIN TER F R SUBSTANCE ABUSE GRANT - ROBERT WOOD JOHNSON FOUNDATION - "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IN SUPPORT OF THE CITY OF HUNTINGTON BEACH AND THE CITY OF WESTMINSTER APPLYING FOR A GRANT FOR A SUBSTANCE ABUSE PREVENTION PROGRAM_" An RCA dated August 17, 1989, from the City Administrator had been provided to Council in their supplemental information packet. (City Council HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER PENALTY FEE - APPROVED - BY NATIONAL EQUESTRIAN ENTER INC. The City Clerk presented a communication regarding the need to establish late penalty fees charged by National Equestrian Centers, Inc. (NEC) at the Hunt- ington Central Park Equestrian Center when boarders do not pay the monthly stall rent on time. Following discussion, a motion was made by Winchell, seconded by MacAllister, to approve the late penalties of $25 after the fifth of the month and another $25 after the fifteenth of the month that is charged by NEC (National Eques- trian Center) at the Huntington Central Park Equestrian Center. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council BEACH CONCESSIONAIRE AGREEMENT - APPROVE - "JACKS" "ZACKS" "ZACKS TOO". "BEACH HUT" The City Clerk presented a communication regarding the need to enter into agreement with the beach concessionaires for a five-year period to provide service to the beach populace until a firm determination has been made on the disposition of The Waterfront project. Following discussion, a motion was made by MacAllister, seconded by Green, to approve and authorize execution of five-year agreements (to expire January 1, 1995) between the City and the following beach concessionaires: "Jacks", Jack & Jeanette Clapp - "Zacks" & "Zacks Too", Cecil and Virginia Wheat - and "Beach Hut", Roy and Beth McClymonds. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None 173 Page 9 - Council/Agency Minutes - 8/21/89 (City Council) RESOLUTION NO. 6059 - INDUCEMENT RESOLUTION - FIVE POINTS SPRINGS, LTD.. (ELDERLY HOUSING PROJECT - FLQRIDA STREET) The City Clerk presented a communication from the City Administrator regarding the purchaser of the elderly housing project on Florida Street (previously destroyed by fire) requesting the City's consideration in the sale of bonds to finance the construction of the project. The City Clerk presented Resolution No. 6059 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR A MULTI -FAMILY RENTAL HOUSING DEVELOPMENT (FIVE POINTS SPRINGS PROJECT)." - SW corner of Main and Florida Streets ($10,000,000 Bond Issuance) A motion was made by Mays, seconded by Green, to adopt Resolution No. 6059 and to approve and authorize execution of the Deposit and Escrow Agreement between the City and Five Points Springs, Ltd. The motion carried by the following roll call vote: AYES: Green, Winchell, Bannister, Mays, Silva NOES: MacAllister ABSENT: None (Erskine not voting) (City Council) RESOLUTION NO 6060 - ADOPTED - REQUEST FOR CANCELLATION - OUTER CONTINENTAL SHELF LEASE SALE 95 The City Clerk presented a communication pertaining to the OCS Lease Sale 95. The City Clerk presented Resolution No. 6060 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FOR FILING WITH THE DEPARTMENT OF INTERIOR REQUESTING OCS LEASE SALE 95 BE CANCELLED." (Recommends Lancellation and termination of any future development of oil reserves in federal waters adjacent to city) A motion was made by Mays, seconded by Green, to adopt Resolution No. 6060. The motion carried by the following roll call vote: AYES: Green, Winchell, Mays, Silva, Erskine NOES: MacAllister, Bannister ABSENT: None (ReOevelopment Agency) PURCHASE SALE AGREEMENTILEASE AGREEMENT WITH OPTION TO PURCHASE — APPROVED - ROBERT & MAXINE BUTCHER - FOR PROPERTY LOCATED AT 204-5th STREET The City Clerk presented a communication from the Executive Director pertain- ing to the approval of purchase and sale agreement and lease agreement with Robert A. and Maxine Butcher for the Agency property at 204 Fifth Street. The City Administrator presented a staff report. 174 Page 10 - Council/Agency Minutes - 8/21/89 A motion was made by MacAllister, seconded by Bannister, to approve and authorize execution of Purchase Sale Agreement and Lease Agreement with Option to Purchase between the Redevelopment Agency and Robert A. and Maxine Butcher which provides for the sale of a parcel of agency -owned property in exchange for the fair market value of the property. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City[ Council) NEW FIVE-YEAR OIL ,& GAS LEASING PLAN_ FOR OFF SHORE OIL DEVEL- OPMENT & NOTICE OF INTENT TO PREPARE DRAFT ENVIRONMENTAL IMPACT STATEMENT - APPROVED The City Clerk presented a communication regarding the new Five Year Plan for off -shore oil development. A motion was made by Green, seconded by Mays, to authorize staff to transmit comments on behalf of the City as outlined in the attached Draft Letters pre- pared by staff to be filed with the Department of Interior on both the Five Year Oil & Gas Leasing Plan and on the Notice of Intent to Prepare for DEIS . The motion carried by the following roll call vote: AYES: Green, Winchell, Mays, Silva, Erskine NOES: MacAllister, Bannister ABSENT: None (City Council) PROPOSED HUNTINGTON CENTRAL PARK GOLF COURSE - CONTINUED TO /9 5/89 The City Clerk presented a communication from the Community Services Director regarding the six proposals received for development of a golf facility in Huntington Central Park. The City Administrator presented a staff report. Lynn Shackelford, representing American Golf Corporation, presented an overall view of the design, construction, and operation of the proposed golf course. A motion was made by Mays, seconded by Green, to hire a professional company to execute a public opinion survey. The motion failed by the following roll call vote: AYES: Green, Winchell, Mays NOES: MacAllister, Bannister, Silva, Erskine ABSENT: None A motion was made by Erskine, seconded by MacAllister, to continue the item pertaining to the Huntington Central Park Golf Course to September 5, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: Green ABSENT: None 175 Page 11 - Council/Agency Minutes - 8/21/89 (CityCouncil) FIRE-MED MEMBERSHIP PLAN - N P APPROVED The City Clerk presented a communication from the Fire Chie Chief Picard presented a staff report. f A motion was made by Erskine, seconded by MacAllister, to approve the Fire-Med Concept as outlined for implementation. The motion carried by the following roll call vote: AYES: MacAllister, Green, Bannister, Erskine NOES: Winchell, Mays, Silva ABSENT: None (City Council)HISTORIC RESWRLES BOARD BYLAWS - CONTINUED TO /18/89 -- CITY ADM_I_NISTRATOR TO FORM SUBCOMMITTEE TO MAKE UNIFORM BYLAWSFOR_MROS, COMMIT- TEE COMMISSIONS The City Clerk presented a communication from Rich Barnard, Deputy City Admin- istrator, transmitting the Bylaws of the Historic Resources Board for Council approval. Following discussion, a motion was made by MacAllister,. seconded by Silva, to continue the item regarding the Historic Resources Board Bylaws for thirty (30) days and to request the City Administrator to form a subcommittee to establish a set of uniform bylaws for boards, commissions, and committees. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (Redevelopment_ Agency) ALTERNATIVE DEVELQPMENT CONCEPTS FOR NW CORNER_ OF CYPRESSBEACH AUTHORIZATION T ADVERTISE DDA FOR PUBLIC H ARIN - APPROVE CHARTRE CENTRE - PHA$E III - CONTINUED TO 9/15! 9 The Clerk presented a communication from the Deputy City Administrator/ Economic Development transmitting for Council approval, in concept,.a proposed Scope of Development for the portion of the Agency -owned property at the corner of Cypress and Beach. Mayor Bannister stated he had to abstain on the item pertaining to Chartre Centre because he had a financial interest involved and could not partici- pate. At that time, he left the room. The Deputy City Administrator/Economic Development presented a staff report. Russell Jedinik, representing Guardian Savings & Loan, addressed Council and spoke in support of continuing the item pertaining to the Chartre Centre Phase III. The legal counsel for Mr. Zisakis responded. 1 U Page 12 - Council/Agency Minutes - 8/21/89 A motion was made by Green, seconded by Mays, to approve in concept the alter- native plan prepared for the Agency -owned property at the northwest corner of Cypress Avenue and Beach Boulevard and direct staff to advertise the Disposi- tion and Development Agreement for public hearing consideration by the Redevelopment Agency to September 5, 1989. The motion carried by the following roll call vote: AYES: Green, Winchell, Mays NOES: MacAllister, Erskine ABSTAIN: Bannister, Silva ABSENT: None (City Council CON.SULT&NT SERVICE AGREEMENT - FERGU5QN /BURKE WILLIAMS & SORENSON TO ASSIST ON FINANCIAL SOURCES FOR THE MUNICIPAL PIER - CONTINUED The City Clerk presented a communication from James Palin, Deputy City Admin- istrator/Zoning transmitting a proposed consultant services agreement between the Ferguson Company and Burke, Williams and Sorensen to provide financial assistance for the municipal pier reconstruction. A motion was made by Mays, seconded by MacAllister, to continue the proposed consultant services agreement between the Ferguson Company and Burke, Williams and Sorensen to assist on financial sources for the municipal pier. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) RESOLUTION NO 6058 - ADOPTED - TO SET TAX RATE FOR 1989/9 An RCA pertaining to Resolution No. 6058 setting the tax rate for voter approved indebtedness at .05419 per hundred dollars of assessed value dated August 21, 1989, from the Deputy City Administrator/Administrative Services had been provided to Council in their supplemental information packet. The City Clerk presented Resolution No. 6058 for Council consideration - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FIXING THE FISCAL YEAR 1989/90 TAX RATE IN SAID CITY. A motion was made by MacAllister, seconded by Winchell, to adopt Resolution No. 6058 setting the tax rate for voter approved indebtedness at .05419 per hundred dollars of assessed value. The motion carried by the following roil call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) APEgINTMENT OF POLICE CHIEF - NQ ACTION TAKEN An RCA dated August 17, 1989, from the City Administrator pertaining to the appointment of a police chief had been provided to Council in their supple- mental information packet. 1,77 No action taken on this item. Page 13 - Council/Agency Minutes - 8/21/89 (City CounKi l ) _FINANCE NO. 3010 - CONTINUED - ALLIED ARTS BOARD The City Clerk presented Ordinance No. 3010 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.101.030 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO ALLIED ARTS BOARD." (Clarifies attendance r uirem n ) A motion was made by MacAllister, seconded by Bannister, to continue the item pertaining to Ordinance No. 3010. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City CQuncil)ORDINANCE N ll - ADOPTED - ADDITION OF ARGOSY AVENUE TO OVERSIZE VEHICLE PARKING REGULATIONS The City Clerk presented Ordinance No. 3011 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TITLE 10.44.070 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO OVERSIZE VEHICLE PARKING REGULA- TIONS TO ADD ARGOSY AVENUE." A motion was made by Erskine, seconded by MacAllister, to adopt Ordinance No 3011. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council)RDINAH E NO. J015-- ADOPTED - NEW RA K The City Clerk presented Ordinance No. 3015 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TITLE 12 OF THE HUNTINGTON BEACH MUNICIPAL CODE TO ADD CHAPTER 12.37 PERTAINING TO NENSRACKS." A motion was made by Winchell, seconded by MacAllister, to adopt Ordinance No. 3015. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None ..sir■WP. kl.*. u■�u i A.T_lk LM I Ew1� The City Clerk presented Ordinance No. 3012 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO TEXKO_ TRADING AND TRANSPORTATION, INC., A CALIFORNIA CORPORATION, A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE TRANSPORTATION OF OIL." 178 Page 14 - Council/Agency Minutes - 8/21/89 A motion was made by MacAllister, seconded by Erskine, to adopt Ordinance No. 3012. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) ORDINANCE NO 3013 - ADOPTED - GRANT OF FRANCHISE - FOUR CORNERS PIPELINE COMPANY The City Clerk presented Ordinance No. 3013 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO FOUR CORNERS PIPELINE COMPANY, A CALIFORNIA CORPORATION, A FRANCHISE TO CONSTRUCT, OPERATE AND MAIN- TAIN A PIPELINE SYSTEM FOR THE TRANSPORTATION OF OIL." A motion was made by MacAllister, seconded by Erskine, to adopt Ordinance No. 3013. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None SCity Council) ORDINANCE NO. 3014 - ADOPTED_- -GRANT OF FRANCHISE - UNION OIL COMPANY OF CALIFORNIA The City Clerk presented Ordinance No. 3014 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO UNION OIL COMPANY OF CALIFORNIA. A CALIFORNIA CORPORATION, A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE TRANSPORTATION OF OIL." A motion was made by MacAllister, seconded by Erskine, to adopt Ordinance No. 3014. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None SURF MUSEUM In response to inquiries regarding vandalism of the building which is to house the surf museum, the City Administrator stated the contractor is due to start work on the Surf Museum and that would alleviate the problem. DOWNTOWN REDEVELOPMENT PROJECT SCHEDULE Councilman Erskine requested a project schedule for downtown. RMEST OF GRAFFITI ERADICATION Councilman Erskine stated the metal shed at Walnut and 18th or 19th was in need of graffiti eradication. Rich Barnard, Deputy City Administrator, stated he would refer the matter to Public Works. 179 Page 15 - Council/Agency Minutes - 8/21/89 CLOSED SEE.SIQN. The Mayor called a closed session of the City Council pursuant to Government Code 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party ---Alexander v City of Huntington Beach, et al-OCSC No 41 69 51. The Mayor called a Closed Session of the Code 54956.9(a) to confer with its attorney has been initiated formally and to which Financial Corp., et al-OCSC No 57 10 18. RECESS - RECONVENE City Council pursuant to Government regarding pending litigation which the City is a party --City v S.B.E. The Mayor called a recess of Council at 10:50 p.m. The meeting was reconvened at 11:05 p.m. ADJOURNMENT The Mayor adjourned Redevelopment Agency Civic Center Complex. 1 ATTEST: the regular meetings of the City Council and the to 5:30 p.m., Monday, August 21, 1989, in Room B-8 of the City Clerk/Clerk 11 Clerk of the Redeveltrpment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 7 5; Cam, w Mayor/Chairman J. 8 0