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HomeMy WebLinkAbout1989-10-16 (7)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday October 16, 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, Bannister, Mays, Silva (Winchell arrived 5:40 p.m.) ABSENT: Green, Erskine it Council) DISCUSSION HELD RE: APPEAL PLANNING-COMMISSIONDENIAL Of ZONE QJAN(jE NO. 87-16/NEGATIVE DECLARATION NO. 87=42 (CMTINUED- 12/ / 8 - HUNTINGTON BEACH PANY - WIEDWARD - N fR IELD Mayor Bannister stated that the item pertaining to Zone Change No. 87-16 would be continued to November 20, 1989 in order to give staff time to readvertise for the public hearing. The Assistant City Administrator stated the item would be heard at the Plan- ning Commission November 1, 1989. The City Attorney reported on the Opinion of the California Fair Political Practices Commission on Seacliff Memberships later in the meeting which appear on Page 2. The Assistant City Administrator stated that staff recommendation on Zone Change 88-18 was to refer the item back to the Planning Commission. Mayor Bannister inquired about the status of his request that the Whitehole property be divided into two segments so each could be considered separately. The City Attorney stated that if the item is referred back to the Planning Commission, they could do that at that time. Councilman MacAllister recommended that representatives from the Chamber of Commerce and the Board of Realtors be involved in the wetlands coalition. The City Attorney stated the tenants at the Huntington by the Sea Mobile Home Park would like to be included. WC Page 2 - Agency/Council Minutes - 10/16/89 (City Council) DISCUSSION HELD RE: PUBLIC HEARING - FEE FOR PROCESSING DIVISIONS OF LAND -WITHIN ASSESSMENT DISTRICT 88-1---(RESERVOIR HILL ASSESSMENT DISTRICT) -- RESOLUTION NO. 6D64 Rich Barnard, Deputy City Administrator, recommended that the public hearing on the Reservoir Hill Assessment District be continued to November 20, 1989. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - RESOLUTION NO. 6025,- PARK ACQUISITION AND DEVELOPMENT FEES Rich Barnard, the Deputy City Administrator, recommended that the item per- taining to Resolution No. 6025 be removed from the agenda and returned to Council November 20, 1989. (CityC un it DI ION HELD RE: PUBLIC .-HEARING - QWE AMEN ENT 89- - NEGATIVE DECLARATIQN 89-14 - AMENDS DEFINITIONS WITHIN ARTICLE 908 - INTROQUCTIQN OF ORDINANCE The Community Development Director recommend that the item pertaining to Code Amendment 89-3 should be continued to November 6, 1989. (City Council) DISCUSSION HELD RE: CODE AMENDMENT 89-9 - NEGATIVE DFC_LARATION 89-24 - DESIGN REVIEW BOARD REGULATIONS - INTRODUCTION OF ORDINANCE NO. 3017 Councilman MacAllister stated he believed the primary change in the Design Review Board was including all redevelopment project areas. He believed the original intent was to be on city -owned land. The Community Development Director stated the board was charged to look at the exterior appearances in terms of compatibility and design, and that the code amendment would clarify Its past actions in regard to each sub -redevelopment area. Councilman MacAllister expressed concern about obtaining good participation since the Design Review Board meets during the day. The Community Development Director stating the meetings could be in the evenings. In response to Mayor Bannister's inquiry, the Community Development Director stated the Council would select the board members. (City Council) DI5CU55I01 HELD RE: APPEAL TO PLANNING COMMISSION DENIAL OF ZONE CHANGE NO. 87-16/ME T VE DECLARATION NO, 87-49 (ODNTINIIED E M 12/5/88) - HUNTINGTON BEACH COMPANY ^ W/EDWARDS - N/GARFIELD The City Attorney distributed to Council a communication dated October 16, 1989, Subject: City Attorney Report on the Opinion of the California Fair Political Practices Commission on Seacliff Memberships. She presented a synopsis of their opinion as it applied to Council members and stated that as of October 1, 1989 no Council member or member of the Planning Commission appears to be disqualified from any decisions affecting the Seacliff Country Club or the Huntington Beach Company. 31 Page 3 - Agency/Council Minutes - 10/16/89 Councilman MacAllister presented the City Attorney with his accounting regard- ing the Seacliff Membership for the official record. (City Council) DISCUSSION HELD RE: MEMORANDUM OF UNDERSTANDING ONBOLSA CH1- CA ENVIRONMENTAL IMPACT STATEMENT Rich Barnard, the Deputy City Administrator, requested the item pertaining to the Memorandum of Understanding on Bolsa Chica Environmental Impact Statement be removed from the agenda. He stated the City Attorney would need additional time to study the MOU, hold harmless, and insurance. LCity Council) DISCUSSION IiELD wRE* PAY N' PLAY RACOUETidALL - ASSIGNMENT OF LEASE TO E. 0. & PHYLLIS RODEFFER In answer to Councilman MacAllister's inquiry, the Community Services Director stated that the Pay N' Play Racquetball lease provides the city with approximately $12,000 a year. He stated he would report back to Council regarding the amount of income. (City Council DISCUSSION HELD RE: PROPOSED RELOCATION OF HISTORIC STRUCTURE LOCATED AT 628 10TH STREET TO BARTLETT PARK Rich Barnard, Deputy City Administrator, recommended that this item be tabled. The Deputy City Administrator/Economic Development stated at Council's request, staff met with the Historic Resources Board and the board reviewed the appropriateness of this structure, and although it is histori- cally significant they believed there were other structures available in the near term they would rather see placed at Bartlett Park. (City Council) DISCUSSION HELD RE: APPRQVAL OF AGREEMENT BETWEEN CITY AND HUNTINGTON BEACH VISITORS AND CONFERENCE BUREAU INC. FOR PROMOTIONAL SERVICES & WAIVER OF LIABILITY INSURANCE Rich Barnard, Deputy City Administrator, stated the signature page of the agreement needed an additional signature. The Deputy City Administrator/Eco- nomic Development stated the scope of services needed to be clarified. Councilman MacAllister expressed his concerns about the Bureau remaining an independent agency as was originally intended. The Deputy City Administra- tor/Economic Development stated he believed the contract with a scope of ser- vices was the best approach to disburse funds to the bureau on a periodic basis over the years. Discussion between the City Attorney and Council was held regarding liability insurance, the finances budgeted for the Huntington Beach Visitors and Confer- ence Bureau. The City Attorney stated she would recommend the item be contin- ued to allow time to study the funding and Council's intention. Rich Barnard, Deputy City Administrator, stated the agreement could be restructured. 32 Page 4 - Agency/Council Minutes - 10/16/89 (City Council) DISCUSSION HELD RE: BEACH/EDINGER INTERSECTION IMPROVEMENT - Cr_728 - CITY ACQUISITION OF PARCELS AS RE ESTED BY OCTC - (BEACH BLVD "SUPER STREET" PROJECT "he City Engineer stated the city would acquire the land to be reimbursed by the Orange County Transportation Commission. Chief Picard stated the agreement would be amended related to costs, distribu- tion of funds, and liability provisions but Orange County has asked the city to proceed. He stated that appropriate amendments would be brought to Council within a month. In response to Councilman MacAllister's inquiry, Chief Picard stated the only cost for which the city is responsible is 50% of the manpower allocation. (Ciiy_Councii1.)DISCUSSION HELD RE: CITY TELEPHONE SYSTEM Councilman Mays suggested that the continued until the city formally pany. The letter to the Council was distributed to Council. CLOSED SESSION item regarding the city telephone system be answers the protest letter from ROLM Com-- from ROLM Company, dated October 13, 1989, The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to consider personnel matters. RECESS - RECONVENE The Mayor called a recess of Council at 6:30 p.m. The meeting was reconvened at 7:45 p.m. ADJOURNMENT - COUNCILfREDEVELOPMENT AGENCY The Mayor/Chairman adjourned the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency to 7 p.m., Monday, October lb, 1989, in the Council Chamber. ATTEST ; City Clerk/Clerk 1AIr ,f , 1 Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntir} on Beach, California "Tay or ai 1 33 MINUTES CITY COUNCIL/REDEVELOPMEKT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, October 16, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister called the regular meetings of the City Council and the Rede- velopment Agency of the City of Huntington Beach to order at 8 p.m. He apolo- gized to the audience for the delay due to the Council being in a closed session called during the earlier adjourned Council meeting. RQLL CAL Present: MacAllister, Winchell, Bannister, Mays, Silva, Erskine Absent: Green The Flag Ceremony was conducted by Mayor Bannister. CONMEKDATION RAIKBOM DISPOSAL- COWAKY - PROVIDIKG 500 20C DETECTORS Mayor Bannister presented a commendation to Stan Tkaczyk, Vice President of the Rainbow Disposal Company, for providing 500 smoke detectors free to day care centers, senior citizens and residents of the Oak View area, and for pro- viding smoke detector decals to over 40,000 homes in the City. Mike Shelton, President of the Huntington Beach Kiwanis Club; and Guy Burnell, President of the Huntington Beach Firemen's Association; accepted commenda- tions for their donation of time for installation of the smoke detectors. Mayor Bannister presented a proclamation designating October 15-21, 1989, as Project "Gracias" Week -- a cooperative project between the St. Bonaventure Catholic Church and the !United States Marine Corps to bring relief materials to Honduras. Steve Bone, President of Huntington Beach Visitors and Conference Bureau, introduced the new Director, Diane Baker. She addressed Council and thanked them for giving her the opportunity to be the Director. 34 Page 2 - Council/Agency Minutes - 10/16/89 MAYOR BANNISTER AN N !Q Ba*TINUED Mayor Bannister announced that the following agenda items would be continued to November 20, 1989: Closed Public Hearing on the Appeal to Planning Commis- sion Denial of Zone Change No. 87-16/Negative Declaration No. 87-49; Open Public Hearing on the Fee for Processing Divisions of Land within Assessment District 88-1; and the Open Public Hearing on Resolution No. 6025. He stated that the agenda item pertaining to the Public Hearing that Amends Definitions within Article 908 would be continued to November 6, 1989. Gail Hutton, City Attorney, reported on the Fair Political Practices Commis- sion ruling regarding the valuation of the Seacliff Country Club passes. No member of the City Council, after evaluation, is disqualified from voting on any matter hereafter. COUNCIL QIREGTI RE: MEASURE "M" - QMNGE COUNTY TRAFFIC IMPMENENT AND GROWTH MAMGEMENT PROGRAM - REMOVE SUBJECT OF MEASURE 'N' FROM TABLE AND PLACE ON MLL The City Administrator presented Council with two letters from Jan Shomaker, Huntington Beach Fountain Valley Board of Realtors, Inc., both letters dated October 13, 1989. Said letters had been distributed to Council by the City . Administrator. Rich Barnard, Assistant City Administrator, presented a staff report. A motion was made by MacAllister, seconded by Mays, to remove the subject of Measure "M" - Orange County Traffic Improvement and Growth Management Program from the table. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ASSENT: Green A motion was made by Erskine, seconded by MacAllister, to place the subject of Measure "M" - Orange County Traffic Improvement and Growth Management Program on the ballot. The motion carried by the following roll call vote: AYES: MacAllister, Wincheil, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green Frank Chambers - resident of Driftwood Mobilehome Park believes site of office and laundry room at new park violates relocation agreement; site should be opposite main entrance of park. He stated more consideration is needed in spirit of relocation agreement. Martin Baird supported expediting Zone Change 88-18. He requested Council to cJ include homeowners of Huntington by the Sea Mobilehome Park. in the wetlands coalition. I Page 3 - Council/Agency Minutes - 10/16/89 Jgg _-Spereno, representing NEC Business Communication, Inc., expressed regret that their RFQ was not among the city's top three finalists for the city tele- phone system. He stated he believed the bidding process should be read- dressed. He referred to his letter to Council dated October 16, 1989. Elmgxe Loranger presented an informal petition to Council listing approxi- mately 172 signatures of persons expressing opposition to building on the land between Beach Boulevard and Brookhurst bordering on Pacific Coast Highway known as "wetlands". Grggory Kil ow, Account Marketing Representative of ROLM Company, spoke in opposition of the proposed award of the city telephone system contract to PacTel Meridian Systems. He referred to a letter he had distributed to Council dated October 16, 1989. , John Toyama, representing residents of Huntington by the Sea Mobilehome Park, requested that homeowners and not management be represented on the wetlands coalition. David Burris spoke in opposition of taking ten feet from each side of 5th Street. He stated he believed it would remove 50% of the view corridor, lower property value, and reduce traffic flow. He also requested that the traffic light at 5th Street remain and stated that Cal -Trans had stated the lights could be at 5th, 6th and Main Street. Taffy Everts urged Council to zone the property for Zone Change 88-18 for con- servation. She listed several reasons including flood control. Larry Ggisse spoke in opposition of using land set aside for parks and beaches for commercial use. James Hyde urged Council to make a decision on Zone Change 88-18. He urged Council to include homeowners of Huntington by the Sea Mobilehome Park in the wetlands coalition. Bill Gallegos stated he believed that the lease of the Shank House should have gone through the bidding process like other historic buildings not being retained by the city. Doug Langevin spoke on behalf of the Historic Resources Board. He thanked Council for continuing the issue on the historic structure located at 628 loth Street. He stated that he believed that Walnut Avenue should be left 60' wide so as not to disturb the historic buildings. He also stated that the Brooks House in Central Park was being vandalized. Darryl Boom spoke regarding the Seacliff Country Club passes. He urged Council to support the proposed nine -hole golf course in Central Park. Di4na _ftg= stated she believed the Huntington Central Park Encyclopedia Lot Acquisition should be taken off the consent calendar and scheduled for a public discussion. Brooke Plunkett stated he was in favor of the proposed golf course in Huntington Central Park. Dick Osterlind stated he did not believe the surveys taken on Central Park representative of the whole community as they were were sent only to people who receive water bills thus condominium owners and renters were omitted. 36 Page 4 - Council/Agency Minutes - 10/16/89 William Ggrtis, Title Energy Company representing Daisy PiccirelIi, stated his company is in accord with the City Attorney relative to Zone Change 88-78 and is looking forward to working on the coalition. Charles Qant, Friends of H.B. Wetlands, recommended implementing wetlands zoning first and then forming the wetlands coalition. Richard Brooks, spoke in support of Zone Change 88-18. Eugenia Moore, property owner Mills Land and Water Company, spoke in support of Zone Change 88-18. She stated reasons why she believed the opinion pre- sented to Council was deficient in many repects. She distributed a letter from Or. Vogl, Professor of Biology at California State University, dated November 16, 1982 addressed to the California Coastal Commission regarding the undeveloped lands that are located east of Beach Boulevard and inland of Pacific Coast Highway in the City of Huntington Beach. Robert London Moore, representing Mills Land and Water Company, spoke in support of Zone Change 88-18. He presented a report entitled Non -Certified Coastal Areas, written by the City of Huntington Beach, Department of Develop- ment Services, dated May 1986. RECESS REIVENE The Mayor called a recess of Council at 8:25 p.m. The meeting was reconvened at 8:45 p.m. H/- GSA-RFIM Public hearing closed on 3/21/88 and study session held on 6120/88 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 northwest 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-O-CZ (Residential Agricultural combined with Oil Production in the Coastal Zone) to R1-(2)-0-10,000-CZ (Low Density Residential-2 units per acre with a minimum 10,000 square foot lot size -combined with Oil Production in the Coastal Zone); and (3) Approximately 12 acres from RA-01-CZ (Residential Agricultural combined with Oil Production and Drilling in the Coastal Zone) to R1-(2)--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 37 Drilling in the Coastal Zone). 1 Page 5 -- Council/Agency Minutes - 10/16/89 In response to the Planning Commission's denial, the applicant has requested the addition of the "0" suffix to the zoning to conditionally require environ- mental analysis prior to the approval of any development entitlement on the property. The City Attorney reported on the response from the California Fair Political Practices Commission, dated October 4, 1989, regarding VIP membership which Seacliff Country Club had supplied to members of the Huntington Beach commun- ity constituting the receiving of gifts which may or may not disqualify the Council from voting on certain items. Discussion was held regarding the California Fair Political Practices Commis- sion's response to the City Attorney's inquiry. A motion was made by Mays, seconded by Silva, to continue to November 20, 1989 the appeal to Planning Commission denial of Zone Change No. 87-16 and Negative Declaration No. 87-49 so that the Holly-Seacliff Master Plan may be completed. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ASSENT: Green Mayor Bann st r left the room. RECESS -• RMVENE The Mayor called a recess of Council at 8:30 p.m. The meeting was reconvened at 8:45 p.m. Mayor Bannister stated he would be abstaining on the Public Hearing Zone Change 88-18. Mayor Pro Tempore Mays announced that this was the day and hour set for a decision on a public hearing closed on March 20, 1989, on 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 LOCATIQN: 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. Page 6 - Council/Agency Minutes - 10/16/89 REQU S : 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: Area n : From RA-0-FP2 (Residential Agricultural District combined with Oil Production and Floodplain Districts) to VSC-CZ-FP2 (Visitor Serving Commercial combined with Coastal Zone and Floodplain Districts); Area Two: From RA-O-FP2 (Residential Agricultural District combined with Oil Production and Floodplain Districts) to CC-CZ-FP2 (Coastal Conservation Dis- trict combined with Coastal Zone and Floodplain Districts); Area Three: From MI-A-0-FP2 (Restricted Manufacturing District combined with Oil Production and Floodplain Districts) to CC-CZ-FP2 (Coastal Conservation District with Coastal Zone and Floodplain Overlay Zone); Area Four: From M2-0-FP2 (Industrial District combined with Oil Production and Floodplain Districts) to M2-0-CC--CZ-FP2 (Industrial District combined with Oil Production, Coastal Conservation, Coastal Zone and Floodplain Districts); RA-FP2 (Residential Agricultural District with Floodplain District) to M2-0-CC-CZ-FP2 (Industrial District combined with Oil Production, Coastal Conservation, Coastal Zone and Floodplain Districts); Area Fivt: From LUD-FP2 (Limited Use District combined with Floodplain District) to CC-CZ-FP2 (Coastal Conservation combined with Coastal Zone and Floodplain Districts); Area S : From LUD-FP2 (Limited Use District combined with Floodplain District) to CC-CZ-FP2 (Coastal Conservation District with Coastal Zone and Floodplain Districts); Area Sevgn: From LUD-FP2 (Limited Use District combined with Floodplain District) to CC-CZ-FP1 (Coastal Conservation District combined with Coastal Zone and Floodplain Districts); LUD-FP1 (Limited Use District combined with Floodplain District) to CC-CZ-FP1 (Coastal Conservation combined with Coastal Zone and Floodplain Districts); Area Eight: From M2-O-FP2 (Industrial District combined with Oil Production and Floodplain District) to M2-0-CZ-FP2 (Industrial District combined with Oil Production, Coastal Zone and Floodplain Districts); Area Nine: From M2-0-FP2 (Industrial district combined with Oil Production and Floodplain District) to M2-0-CZ-FP2 (Industrial District. combined with Oil Production, Coastal Zone and Floodplain Districts); and MI-A-FP2 (Restricted Manufacturing District combined with Floodplain District) to Ml-A-CZ-FP2 (Restricted Manufacturing District combined with Coastal Zone and Floodplain Districts): Area Ten: From (Q)ROS-FP2 (Qualified Recreational Open Space District com- bined with Floodplain District) to (Q)ROS-CZ-FP2 (Qualified Recreational Open Space District combined with Coastal Zone and Floodplain Districts). 11 29 Page 7 - Council/Agency Minutes - 10/16/89 1 ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15265 of the California Environmental Quality Act. QQA3TAL STATUS: This project is in the Coastal Zone. This zone change must be ultimately reviewed and approved by the California Coastal Commission. Councilwoman Winchell requested that Gary Gorman, Executive Director of the Huntington Beach Wetlands Conservancy, be allowed to speak. She stated he arrived too late to present his public comment form to the Sergeant--at-Arms in time, and she believes that since he is a property owner in the conservancy he should be allowed to speak. Gary Orman, Executive Director of the Huntington Beach Wetlands Conservancy, thanked Council for attempting to resolve the issue and as property owners at Brookhurst and Santa Ana River, they look forward to working with other owners to resolve the issue. He stated he had expressed his concerns to staff and council members. The Community Development Director presented a staff report. A motion was made by MacAllister, seconded by Mays to authorize the formation of a wetlands coalition to study alternative land uses; the coalition shall include fifteen members: Property owners (Southern California Edison, Cal --Trans, Mills Land and Water Company, property of Daisy Piccirelli); Friends of the Wetlands representative; Huntington Beach Conservancy representative; Administration representative; City Attorney representative; Community Devel- opment representative; (2) City Council members; Chamber of Commerce represen- tative; Board of Realtors representative; Huntington Beach by the Sea Mobile- home Park resident representative; and Orange County Flood Control District representative. Councilwoman Winchell questioned the inclusion of the Board of Realtors and Chamber of Commerce as other community organizations were not included. The motion carried by the following roll call vote: AYES: MacAllister, NOES: Winchell ABSTAIN: Bannister ABSENT: Green Mays, Silva, Erskine A motion was made by Winchell, seconded by Erskine, to refer Zone Change 88-18 back to the Planning Commission for action and recommendation consistent with the certified land use plan. The motion carried by the following roll call vote: AYES: Winchell, Mays, Silva, Erskine NOES: MacAllister ABSENT: Green (Bannister - out of the room) A motion was made by Erskine, seconded by MacAllister, to direct staff to work with the coalition to prepare a land use plan and explore various land plan- ning technics such as Specific Plans and Transfer Development Rights Programs. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Mays, Silva, Erskine NOES: None ABSENT: Green (Bannister - out of the room) 4 0 Page 8 -- Council/Agency Minutes - 10/16189 Mayor Pro Tempore Mays stated that Councilmembers MacAllister and Green would serve on the Wetlands Coalition. Mayor Bannister returngd tg the r (City Council) _ PUBLIC HEARING -- FEE FOR _PROCESSING DIVISIONS OF LAND WITHIN ASSESSMENT DISTRICT 1 - (RESEWIR HILL ASSESSMENT DISTRICT) - RESOLUTI NO. 6064 - CONTINUED OPEN TO-11 / Mayor Bannister announced that this was the time set for continuation of a public hearing opened on September 5, 1989 to consider Resolution No. 6064 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISH- ING A FEE FOR PROCESSING LAND AND ASSESSMENT DIVISION APPLICATIONS PURSUANT TO THE PROVISIONS OF THE 'IMPROVEMENT BOND ACT OF 19151, BEING DIVISION 10 OF THE STREETS AND HIGHWAYS CODE OF THE SPATE STATE OF CALIFORNIA." The following fee schedule is an amount which will cover reimbursement for the necessary costs in processing applications for divisions of land and assess- ment pursuant to the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California: All applications for division of land and assessment are $50.00 for each sepa- rate part or parcel of land into which the original lot or parcel has been divided. If no application is filed, at the time the Superintendent of Streets files the amended assessment pursuant to order of this legislative body, the fee is determined to be $100.00 for each separate part or parcel of land into which the original lot or parcel has been divided. Prior to making the division, the Superintendent of Streets shall notify the property owner as to the costs for the apportionment. If costs are not paid within fifteen (15) days of notification, the Superin- tendent of Streets shall, in preparing the amended assessment, show separately thereon the amount of said fee charged to each individual parcel. The amount so charged shall then be entered, if not paid, upon the assessment rolland collected along with the first installment of the amended assessment. That all fees so collected, either by application or as an installment on the Assessment, are to be deposited in the General Fund of the Treasury of this Agency. Communication dated October 2, 1989, from Huntington Beach Company requesting said resolution be revised to allow fees to be paid upon approval of the final record map along with all other required fees rather than with the initial subdivision application. A motion was made by Mays, seconded by Winchell, to continue the public hear- ing pertaining to Resolution No. 6064 open to November 20, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green 1 1 Page 9 - Council/Agency Minutes - 10/16/89 (City Council) PUBLIC HEARING -_RESOLUTION NO. 6025 - PARK ACQUISITION AND DEVELOPMENT FEES - CONTINUED _OPEN TO 11/20/82 Mayor Bannister announced that this was the time set for continuation of a public hearing to consider Resolution No. 6025 to revise the City's Park Acquisition and Development Fees. The purpose of the proposed revision is to adjust the valuation of parkland which is used to determine the fee on resi- dential development. The City Clerk presented Resolution No. 6025 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE AVERAGE FAIR MARKET VALUE OF ALL Rl-ZONED PUBLIC NEIGHBORHOOD PARKS FOR THE PURPOSE OF DETERMINING THE AMOUNT OF FEE REQUIRED TO BE PAID IN LIEU OF DEDICATION OF LAND." Following discussion between Council and the City Attorney, a motion was made by MacAllister, seconded by Silva, to continue the public hearing open to con- sider Resolution No. 6025 to November 20. 1989. The motion carried by the following roll call vote: AYES: MacAllister, NOES: Winchell ABSTAIN: Erskine ABSENT: Green Bannister, Mays, Silva (City Council) PUBLIC HEARING - CODE AMENDMENT 8 -3 - NEGATIVE DECLARATION $2-14 AMENDS DEFINITIONS WITHIN ARTICLE 908 - INTRO0l1CTIOM OF ORDINANCE - CONTINUED OPEN U 11/6/89 The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 89-3/Negative Declaration No. 89-14 APPLICANT: City of Huntington Beach L A : City-wide ZQNE: All Districts REOUEST: To amend the Huntington Beach Ordinance Code and amend, modify and/or delete definitions within Article 908, Definitions. Added definitions may include, but not be limited to: architectural features, child day care facility, convenience market, density bonus, final approval, grade, gross floor area, hedge, industrial use, liquor store, lot frontage, parking struc- ture, retaining wall, wholesale use. Amended definitions may include but not be limited to: apartment, automobile/vehicle repair, dwelling, lot width. Deleted definitions may include but not be limited to: automobile accessory dealer. ENVIRONMENTAL STATUS: Negative Declaration No. 89-14, assessing the environ- mental effects will also be considered by Council. COASTAL STATUS: Following City Council approval, Code Amendment No. 89-3 will be forwarded to the California Coastal Commission for approval and incorpora- tion into the City's Local Coastal Program: Implementing Ordinances. 42 Page 10 - Council/Agency Minutes - 10/16/89 Legal notice as provided to the City fished and posted. No communications matter. The Mayor declared the hearing open. Clerk's Office by staff had been pub - or written protests received on the A motion was made by MacAllister, seconded by Silva, to continue the public hearing pertaining to Code Amendment 89-3, Negative Declaration 89-14, Amends Definitions within Article 908 open to November 6, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green Councilman Erskine ]eft the room. -� i n i t I R - E AMENDMENT - - NEGATIVE DE LARATION 4 - DE REVIEW D TI - ED - INTRQULKIION OF ORDINANCE NO. 3017 -- APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 89-9/Negative Declaration No. 89-24 APPLICANT: City of Huntington Beach LOCATION: City-wide NNE: : All Districts RE E T: To amend the Huntington Beach Ordinance Code to update and revise regulations pertaining to the Design Review Board. ENVIRONMENTAL STATUS: Negative Declaration No. 89-24, assessing the environ- mental effects will also be considered by Council. A TA T • Following City Council approval, Code Amendment No. 89-9 will be forwarded to the California Coastal Commission for approval and incorpora- tion into the City's Local Coastal Program: Implementing Ordinances. Legal notice as provided to the City Clerk's Office by staff had been pub- lished and posted. No communications or written protests received on the matter. The Community Development Director 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 43 1 Page 11 - Council/Agency Minutes - 10/16/89 The City Clerk presented Ordinance No. 3017 for Council consideration - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 985 OF THE HUNTINGTON BEACH ORDINANCE CODE RELATING TO THE DESIGN REVIEW BOARD." A motion was made by MacAllister, seconded by Bannister, to approve Negative Declaration 89-24, Code Amendment 89-9, based on findings set forth in the 10/16/89 RCA and after reading by title, approve introduction of Ordinance No. 3017. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva NOES: None ABSENT: Green (Erskine - out of the room) Councilman MacAllister directed staff to conduct evening meetings when it would be convenient for the members. Councilman Erskine returned to the roo.M. CONSENT CALENDAR (ITEMS REMOVED) Councilwoman Winchell requested the items pertaining to the Park Acquisition and Development Fund Expenditure for the proposed golf course in Huntington Central Park and the Call for Bids for the Improvement of Pacific Coast High- way between Goldenwest Street and Beach Boulevard be removed from the Consent Calendar to be considered separately. Councilman Erskine requested the item pertaining to the Memorandum of Understanding on Bolsa Chica Environmental Impact Statement be removed from the Consent Calendar to be considered sepa- rately. The item pertaining to the Approval of Agreement between City and Huntington Beach Visitors and Conference Bureau, Inc. was removed from the agenda to be continued to November 6, 1984. WNSENT CALENDAR - (ITEMS PP V On motion by MacAllister, second Mays, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green 1/R A - Approved and adopted minutes of Council/Agency adjourned regular and regular meeting of September 18, 1989 as written and on file in the Office of the City Clerk. execution of the First Amendment to the between the City. Seacliff on the Greens Partners and the Huntington Beach Company record the amendment. FTMQ - Approved and authorized Easement and Maintenance Agreement Community Association, Peninsula I and instructed the City Clerk to Page 12 - Council/Agency Minutes - 10/16/89 9/34 from the heirs of the es of the deed wi th the donor to without right of surface entry. (City CQunri1) FIRST AMENDMENT TO PUKKAY LICENSE AGREEMENT IN SEACLIFF AREA - APPROVED - TENTATIVE -TRACT 10069 - GOLDENIKEST STREET/PALM AVENUE Approved and authorized execution of the First Amendment to the Parkway License Agreement between the City, Seacliff Estates, Seacliff on the Greens Community Association, Club Series South and Peninsula I Partners and instructed the City Clerk to record the amendment. - Accepted the gift of Lot tate of Lorraine Harms and reserve oil/mineral rights 57 of Tract 45, M.M. authorize acceptance below 500' of surface C�Y &�QUnci 1) FINAL PARCEL MAP 89- 43 - APPROVED - MARTIN AXE - SE CORNER OF HILL STREET/GENEVA AVENUE - Approved Final Parcel Map 89-243, accepted offer of dedication pursuant to the mandatory findings set forth by the Zoning Administrator and instructed the City Clerk to execute same and to release the map to the County for processing. (City Council) OCEAN VIEW ESTATES MOBILE HOME PARK EXPANSION - APPROVED - PHASE II - AMENDMENT NO. 1 TO DESK CONSULTANT AGREEMENT - FLORIAN MARTINEZ Ate. - Approved and authorized execution of Amendment No. 1 to Engineering Services Agreement between the City and Florian Martinez Assoc. for Develop- ment of the Ocean View Estates Mobile Home Park - Phase II for an amount not to exceed $24,900. (Additional work required of the design consultant for project modifications found to be needed to comply with the relocation agree- ment and/or due to construction complications. (City Counci 1) BROOKHUR T RIQE WIDENING & LENGTHENING -Cf-546 - APPROVED - AMENDMENT NO. 5 TO ENGINEERING SERVICES AGR-EEMEICT_-�R_T-B N. WILLIAM FROST -- & ASSOC. Approved and authorized the Mayor and City Clerk to execute Amend- ment No. 5 to the Engineering Services Agreement between the City and Robert Bein, William Frost & Assoc. not to exceed $16,472 to cover miscellaneous con- sultant costs. (Associated with the processing of a Cal -Trans permit, geo- technical assistance, site visits, additional water line redesign and prepara- tion of "As -Built" drawings.) aURVLV1Q %M 0LIRLLML01 In LM[IL rnRl aC %AMnLR Vr L1MnF%LFJ/1LLiJ - Approved Final Tract Map 13269, being all of Tentative Tract 13269, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Govern- ment Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the southeast corner of Edwards Street and Ellis Avenue; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substan- tially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 4.06 acres (gross); Lots: 12 numbered, 4 lettered, Developer: The Dahl Company, Balboa Island, adopted map subject to stipulations as follows: deposit of fees for water, sewer, 45 J L Page 13 - Council/Agency Minutes - 10/16/89 drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; Park and Recreation fees shall be paid; drainage for the subdivi- sion shall be approved by the Department of Public Works prior to the recorda- tion of the final map; the Declaration of Covenants, Conditions and Restric- tions shall be reviewed and approved by the Department of Community Develop- ment and approved as to form by the City Attorney prior to recordation of the final map and further accepted Monument Bond No. SUR 10-64-93, Faithful Per- formance Bond No. SUR 10-64-92, Labor and Material Bond No. SUR 10-64-92 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 recorda- tion until the aforementioned conditions have been met. it n it FINAL TRACT MAP l 7 - APPROVED - BEING ALL OF TT 1 70 - SUBDIVISION� AGREEMENTTHE DAHL OQNPANY , SE. CORNER OF EDWARDS/ELLIS - Approved Final Tract Map 13270, being all of Tentative Tract 13270, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Govern- ment Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the southeast corner of Edwards Street and Ellis Avenue; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substan- tially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 5.138 acres (gross); Lots: 14 numbered, 5 lettered, Developer. The Dahl Company, Balboa, adopted map sub- ject 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; 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. SUR 10-64-95, Faithful Performance Bond No. SUR 10-64-94, Labor and Material Bond No. SUR 10-64-94 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. (City_ Co ncii) _FOURTH OF JULY BOARD RESIGNATIQ - ACCEPTED - HALL Accepted, with regret, the resignation of Alice Hall from the Fourth of July Board and. with appreciation for her work to produce the annual July 4th cele- bration and authorized advertisement of vacancy. i4a L.l ti. UlyI I I ic�Adt14%,4 .yn _01SMA31 UMUM1G641 nr-VAIAM It3LM1. — &AJ0XnwJ61%nG APPROVED - Approved the emergency appointment of Samantha Dusinberre to the Council on Aging as the City Council appointee for a term to expire October 16, 1990, pending completion of posting requirements pursuant to the Maddy Act. (Cityn l N R - APPROVE - Approved the following reappointments to the Human Resources Board for terms to expire September 30, 1993: Martha Earlbaugh, Jim Townsend, Dorothy Kelly, Connie Luizzi, Mary Lent, Pastor Howell Foster. Page 14 - Council/Agency Minutes - 10/16/89 i ty Qaungj 1 PAY N' PLAY FAMETBALL - ASSIGH14ENT OF LEME TO E. 0. HYLLIS ROOEFFER APPROVE - Approved and authorized execution of the Assignment of Lease for the Pay N' Play Racquetball facility at Worthy Park to E. 0. & Phyllis M. Rodeffer. STREET TO BARTLETT PARK _PROVED - Approved staff recommendation that the proposed relocation of the Historic Structure located at 628 loth Street to Bartlett Park be tabled. (cJ ty I:ounci t ) t3tli(,1t/ tU1MbtK INIMitijism twxynoteva- =,(co - ti. y nN&W-L- .._-__.. __-.-..-... _.. ..-....-...r.-.. .... ....ter. ■�nnti.�� /nr�h� n. pan rrr�nrn CTi1CCT11 PROJECT - Directed the Real Property Manager to acquire the three parcels necessary to the improvements of the intersection of Beach Boulevard and Edinger Avenue and advance $150,000 from the Gas Tax Fund Balance to be fully reimbursed by the Orange County Transportation Commission. The City Clerk presented a communication from the City Administrator pertain- ing to the Huntington Central Park Encyclopedia Lot Acquisition. The Community Services Director presented a staff report. A motion was made by Winchell, seconded by Mays, to approve the expenditure of $40,000 from the Park Acquisition and Development Fund for the appraisals and litigation guarantee work to acquire the encyclopedia lots in Huntington Central Park. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister. Mays, Silva, Erskine NOES: None ABSENT: Green Council)M QF UNDERSTANMG ON DQUA—CHICAENVIRNMEKTAL IMPACT STATEMENT - ONTINUED_TO 1116/8 The City Clerk presented a communication pertaining to a Memorandum of Under- standing on Bolsa Chica/EIS. A motion was made by MacAllister, seconded by Mays, to continued the item per- taining to the Memorandum of Understanding on Bolsa Chica Environmental Impact Statement to November 6, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva NOES: None ABSTAIN: Erskine ABSENT: Green 1 I1 47 Page 15 - Council/Agency Minutes - 10/16/89 Wy -CQvrni 1� IMPROVEMENT EPA IFI T I WAY BETWEEN E WET TREET .& BEACH BLVD_= CC-705 = WOPER_.A-TFVE AGREEMENT STATE OF CALIFMIA_ = PLANS & SPE IF TI - APPROVED - CALL FOR BIp5.- APPROVED The City Clerk presented a communication from the City Administrator pertain- ing to the improvement of Pacific Coast Highway between Goldenwest Street and Beach Boulevard; CC--705. Councilwoman Winchell inquired as to Cal -Trans recommendation on the traffic signal and Les Evans, City Engineer, responded. A motion was made by Winchell, seconded by Bannister, to approve project plans and specifications and authorize the call for bids for street improvements and traffic signal modifications on PCH between Beach Boulevard and Goldenwest Street to allow for the future addition of one travel lane in each direction; and approve and authorize execution by the Mayor and City Clerk of the Cooper- ative Agreement between the City and the State of California. (Included in work proposed is narrowing of medians, relocation of traffic poles, re -installation of the landscape median and relocation of traffic signal at PCH/5th Street to PCH/6th Street. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green (City,.,.,,.._ unci 1)„_„ APPROVAL OF AGREEMENT BETWEEN CITY AND HUNTIN TON BEACH VISITORS AND CONFERENCE_._ BUREAU. INC. FOR PROMOTIONAL SERVICES_ & WAIVER OF LIABILITY INSURANCE - CONTINUED TO 11/6/89 The City Clerk presented a communication from the City Administrator per- taining to the approval of contract with Huntington Beach Visitors and Confer- ence Bureau, Inc. for fiscal year 89-90. A motion was made by MacAllister, seconded by Mays, to continue the item per- taining to the approval and authorize execution of an agreement between the City and the Huntington Beach Visitors and Conference Bureau to November 6, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva NOES: None ABSTAIN: Erskine ABSENT: Green The City Clerk presented a communication from the Fire Chief transmitting a Joint Exercise of Powers Agreement between the City, the County of Orange and the cities of Newport Beach, Santa Ana and Anaheim for emergency hazardous materials team response with other Orange County cities for the purpose of fund recovery and for the cost effective sharing of resources. Fire Chief Picard presented a staff report. AS Page 16 -.Council/Agency Minutes -- 10/16/89 A motion was made by Mays, seconded by Bannister, to approve and authorize the Mayor and City Clerk to execute the Joint Exercise of Powers Agreement creat- ing the Orange County --City Hazardous Material Emergency Response Authority, and appoint the Fire Chief to be the City's representative and board member. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green (City Council) CITY TELEPHONE SYSTEM - QITINUED TO 11/6/89 The City Clerk presented a communication from the Fire Chief regarding the proposed new city-wide telephone system. A motion was made by Mays, seconded by Silva, to continue to 11/6/89 the item pertaining to the City Telephone System. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green (City Council) CITY VS SBE FINANCIAL ET AL - APPROVED -- (PROPERTY A(?OtIISI- TION HUNTINGTON CENTRAL PARK) The City Clerk presented a communication from the City Administrator regarding City vs SBE Financial, et al - OCSC #57 -10-18 relative to acquisition of property for Huntington Central Park. Robert Franz, Deputy City Administrator, presented a staff report. A motion was made by MacAllister, seconded by Erskine, to (1) approve the payment of $3,750,000 to the Clerk, Orange County Superior Court for settle- ment of OCSC Case Number 57--10-18: City vs. SBE Financial, et al, and (2) approve the amendment of the 1989-90 City Budget to appropriate an additional $1,380,000 for land acquisition for Huntington Central Park. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Mays, Silva, Erskine NOES: Bannister ABSENT: Green -(City Counc1,11--STAFF QUESTED TQ_REPO I ON POTENTIAL OF POLICY OF OMNI- TIQN,OF_ALCOH U, CCO PROINCF ADVERTISI G ON PUBLIC PROPERTY A motion was made by Winchell, seconded by Silva, to ask staff to bring to Council amendments to City ordinances to reflect policy that alcohol and tobacco product advertising is prohibited on all public property such as beaches, parks, sidewalks, roadways, parkways, etc. 49 Page 17 - Council/Agency Minutes - 10/16/89 An amendment to the main motion was made by MacAllister, seconded by Bannister, to direct staff to report to Council on the potential of a policy to prohibit advertising of alcohol and tobacco. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Erskine NOES: Winchell, Silva ABSENT: Green The amended main motion made by Winchell, seconded by Silva, to direct staff to bring to Council a report on the potential of a policy that alcohol and tobacco product advertising be prohibited on all public property such as beaches, parks, sidewalks, roadways, parkways, etc., carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green (City Council) STAB REWE TED TO PRESENT TO ELA KING COMMISSION CODE AMEND- MENT TO ALL01 CHANGEABLE COPY OF CHURCH SIGN5 A motion was made by Winchell , seconded by Mays, to ask staff to take to the Planning Commission an amendment to the existing sign code which would reflect their recommendation in regard to changeable copy being incorporated into signs, especially churches, if such signs comply with the existing sign code in all other respects such as sign height, type of lighting, location, etc. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green Monthly Code Enforcement Report The Community Development Director stated he would return to Council with the monthly code enforcement report as presented to the Planning Commission. JANUARY COUNCIL_ MEETINGS - 1/2/90 CANCELLED - 1/$/90_&1122/90 REOUES E_D Councilwoman Winchell requested the January 2, 1990 Council meeting be cancelled due to the holidays and that the meetings for the month of January be on January 8 and January 22. She requested a report as to what the compli- cations may be on this action. Councilwoman Winchell brought up the procedure of submission of pink slips of people wishing to speak during Public Comments. Discussion was held by Council and no change was made. .io Page 18 - Council/Agency Minutes - 10/16/89 LHAHK HOUSE FINANCIAL REPORT REMESTED Councilwoman Winchell stated the Council had requested to review the lease for the Shank House. Robert Franz, Deputy City Administrator/Administrative Ser- vices, stated the lease would be going before Council at a later date. In response to Councilman MacAllister's request, Mr. Franz stated he would present a financial report on the Shank house including the cost of refurbish- ment. Following discussion, a motion was made by Bannister, seconded by Mays, to approve Councilman Silva's attendance as the City's voting delegate at the National League of Cities Congressional Conference in Atlanta, Georgia, November 25--29, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green Direction was given for Council to review the agenda items. it N I L REQUESTED CLEAN WATER COMITTEEHAROWR TO SUBMIT THEIR REQUEST III_ WRITING Discussion was held regarding the appropriation of $2,500 to the Clean Water Committee for Huntington Harbour. Direction was given for further direction. Council requested a letter from the Clean Water Committee stating their request. (City Counci 1 I DIRECTED STAFF TO BRING BACK IQ COMKIL CENTRAL LIBRARY -EXPAN- SION PROJECT - PHASE II A PHASE III A motion was made by Silva, seconded by Bannister, to direct staff to bring back before Council Phase II and Phase III of the Library Expansion Project. The motion carried by the following roll call vote: AYES: Winchell, Bannister, Mays. Silva, Erskine NOES: MacAllister ABSENT: Green CLOSED SESSI Mayor Bannister called a Closed Session of Council pursuant to Government Code Section 54956.9(c) to conver with its City Attorney regarding pending litigation - City vs. Southern California Gas Company. The Mayor stated that a motion would be made pursuant to the communication entitled, "Franchise Legal Services", from the City Attorney, dated October 16, 1989, which had been distributed to Council. 51 Page 19 - Council/Agency Minutes - 10/16/89 A motion was made by Bannister, seconded by Mays, to authorize initiation of a law suit and to authorize funding and execution of the attached regal Services Agreement with Donald H. Maynor, A Professional Law Corporation with a modification of the required insurance as reflected in Mr. Maynor's letter of September 1, 1989, also attached (the Provisions of Chapter 3.03 relating to Professional Services Contracts have been applied. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine TOES: None ASSENT: Green CLOSEDSESUO Chairman Bannister called a Closed Session of of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations with: Frank Cracchiolo-508 Pacific ;,oast Highway, Eldon Bagstad--400 Pacific Coast Highway, Garry Mulligan-117 Fain Street; Frank Alfonso-119 Main Street, George Draper-121 Main Street, Ann Mase-123 Main Street, and dim Lane-127 Main Street, Sarrabere; Mood, & Goodman-122 & 124 Main Street concerning the purchasel;:nchange of said property. EMERGENCY _MOTION HADE RE: _ LOAN t]r FIRE LADDER TRUCK TO H.B. CITY BY CITY . -OF SANTA ANA A motion was made by MacAllister, seconded by Erskine, to make a determination that the need to take action on the issue of a hold harmless agreement to the City of Santa Ana for the loan of a fire ladder truck arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green A motion was made by MacAllister, seconded by Erskine, to approve and authorize execution by the Mayor and City Clerk of a hold harmless agreement to be issued to the City of Santa Ana for the loan of a fire ladder truck while the city's ladder truck is being repaired and refurbished. The Protivni carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Green FLU- - BECONVEItE The Mayor called a recess of Council at 10 p.m. The meeting was reconvened at 11 P.M. 52 Page 20 -- Council/Agency Minutes - 10/16/89 P. JSURNMENT The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency to 5:30 p.m., Monday, November 6, 1989, in Room B--8 of the Civic Center Complex. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk ggf.the City Council of the City of Hunti W Beach, California ATT &W94. City Clerk/Clerk ayor/Chairman 4' 53 j k- -, gj�-, CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CALL FOR SPECIAL MEETING OF CITY COUNCIL/AGENCY Wes. Bannister, Mayor/Chairman Tom Mays, Mayor Pro Tem/Chairman Pro Tem Peter Green, Council/Agency Member Jim Silva, Council/Agency Member Ruth Winchell, Council/Agency Member John Erskine, Council/Agency Member Don MacAllister, Council/Agency Member 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 5*00 p.m. on October 11, 1989, for the purpose of a Closed Session pursuant to S. 54956.9(a) of the Government Code - (1) Litigation has been formally initiated to which the city is a party. The title of said Litigation is the City v SBE, Orange County Superior Court Case No. 57-10-18. Said closed session is held under the authority of California Government Code Section 54956.9(a); and to possibly authorize the City Administrator to settle the City vs SBE, OC #57--10-18. Dated October 10, 1989 ATTEST: ,moo G� Mayor/Chairman CONNIE BROCKWAY, CITY CLERK/CLERK aW410, L� City Clerk/Clerk I hereby certify that I received the above notice, "Call for Special Meeting of the.City Co 1", prior to 5:00 p.m. on October10, 1989. l r� Mayor/Chairman 2 0 6 8 k/me Mlephane. 774536.5227} 29