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HomeMy WebLinkAbout1990-02-05MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, February 5, 1990 A tape recording of this meeting is on file in the City Clerk's Office. Prior to: the time a quorum was reached, informal discussion was held with Supervisor Wieder, county representatives, Mayor Mays, Mayor Pro Tempore�Green, and Councilwoman Winchell. Councilman Bannister arrived at 5:50 p.m. Mayor Mays called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:50 p.m. "I WWII_qj PRESENT: Winchell, Green, Mays, Bannister ABSENT: MacAllister, Silva, Erskine STUDY SESSION - SUPERVISOR HIEDER Supervisor Harriett Wieder reported on the Councilmembers' and staff's trip to Sacramento regarding the medfly malathion spraying. She introduced the county officials presenting reports on regional issues. City/County Coordinating Committee - Council of Governments Mr. Tony Carstens, County Administrative Office, stated the City/County Coordination Committee was established in 1987 to look at full range of poten- tial vehicles for better coordination between the city and .the county. He reviewed the committee effort for consideration and implementation of different plans and the activities in which they had been involved. Supervisor Wieder stressed that it is important for the cities to participate in the Air Quality Management Plan at this time. 1, .L I 1. 0 L Mr. Robert Love, Deputy Director, GSA, reviewed the conditions of the proposal of the Gothard Street Transfer Station and stated it was his understanding that the proposal would be.consummated at the end of March. Discussion was held between staff and Council. The City Administrator stated. the property acquisition depended on the cleanup cost. Page 2 - Council/Agency Minutes - 2/5/90 Mr. Robert Fisher, Director, Harbors, Beaches and Parks, EMA, reviewed the progress of the Task Force in the planning of Bolsa Chica Linear Park. He stated the challenge is to work out the details of interrelationship between the lowlands wetlands restoration project and equestrian uses. Supervisor Wieder stated the Signal Landmark Company and Huntington Beach Company dedica- tion of 113 acres would be February 15, 1990. Status of Beach Boulevard Superstreet Dedication Lisa Mills, Orange County Transportation Commission, gave a status report on the Beach Boulevard Superstreet. She stated Huntington Beach would be the first area to break ground on the Superstreet project and that would be at Beach Boulevard and Edginger Avenue at 10 a.m., May 17, 1990. Study Session to be Scheduled - South Coast Air Quality Management District Plan Supervisor Wieder stated a study session on South Coast Air Quality Management District Plan funding would be scheduled. (City Opuncil) DISCUSSION HELD RE: PUBLIC HEARING -_UX!!E_CHAKNV1 - ( SiNA _A i.LL 71i/ a yi -)—(450.20) - A Mayor Mays stated the public hearing on the Whitehole Area would be opened and continued until a full Council would be present February 20, 1990. (City Council) DISCUSSION HELD RE: DOWNTOWN PUBLIC SPACES - INTERSECTION DESIGN - CC-763 (600.10) Mayor Mays stated the item pertaining to the intersection design at Walnut, Olive, Orange, 6th and Acacia, CC-763 would be continued to February 20, 1990. The Mayor/Chairman adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency to 7 p.m., Monday, February 5, 1990, in the Council Chamber. ATTE514 City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Hunting Beach, California Mayor/Chairman MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, February 5, 1990 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Mays called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. PRESENT:, Winchell, Green, Mays, Bannister, Silva ABSENT: MacAllister, Erskine PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony and Invocation was conducted by Richard Otey, Director Vocal Music at Edison and Huntington Beach High Schools, and the Edison High School Madrigal Ensemble. PROCLAMATION - FEBRUARY 5-9. 1990.- LITERACY VOLUNTEER WEEK Mayor Mays presented a Proclamation designating February 5-9, 1990 as "Literacy Volunteer Week" to Linda Light, Literacy Volunteer Coordinator; Allison Bryan, President, Huntington Valley Literacy Volunteers; Ron Hayden, Director, Huntington Beach Library; Walter Johnson, former Director, Huntington Beach Library, Literacy Tutor and his student Rudi Segura. Mayor Mays announced an invitation to the California Compact Family Festival, 8 a.m. - 12:30 p.m., February 24, 1990, at Sowers Middle School. Mayor Pro Tempore Green .reported on the Sacramento trip regarding malathion spraying. He stated that support is being sought from the governor and elected representatives.in'Sacramento to amend the Government Code to prohibit the governor from making a proclamation of emergency for the conduct of a pest eradication program which includes aerial spraying of pesticide over urban populations unless there are findings that the threat to the agriculture industry outweighs and is more severe than the threat of danger` to the urban population and property and the pest eradication program has met all the requirements of law regarding review of safety. 86, Page 2 - Council/Agency Minutes - 2/5/90 The City Attorney reported the Superior Court hearing was scheduled September 15, 1990. If the suit in fails, the second spraying of malathion would be the evening of September 15. Mayor Mays introduced an alternative to the medfly solution --the fly swatter. Mayor Pro Tempore Green put the swatters on a cart for public distribution. The Mayor announced that this was the day and hour set for a public hearing to consider: APPLICATION NUMBER: Zone Change No. 88-18 APPLICANT: City of Huntington Beach LOCATION The Non -Certified Coastal Area of the City of Huntington Beach generally located on the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River. REQUEST: A public hearing to rezone the 232 acres non -certified coastal area as follows: Change the zoning on a 7.0 acre parcel to Visitor Serving Commercial and rezone the remaining 225 acres by affixing a Coastal Conserva- tion Overlay to the existing zoning on the subject property. For further information regarding the specifics of this zone change application, please contact the City Department of Community Development. 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 reviewed and approved by the California Coastal Commission. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. No communications or written protests were received on the matter. Councilman Bannister stated he had a conflict of interest and asked to be excused from the public hearing on Zone Change 88-18. The City Clerk presented Ordinance No. 3033 for Council consideration.- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING THE SECTION 9061 THEREOF TO PROVIDE FOR A CHANGE OF ZONING WITHIN VARIOUS DISTRICTS WITHIN THE "WHITEHOLE" AREA OF THE COASTAL ZONE." The City Clerk presented Resolution No. 6119 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING ZONE CHANGE NO. 88-18 FOR THE "WHITEHOLE" AREA.p The Community Development Director presented a staff report. 1 The Mayor declared the hearing open. 1�� Page 3 - Council/Agency Minutes - 2/5/90 Bill Curtis, representing Title Energy, land owners, and Daisy Piccirelli, urged Council to postpone action on Zone Change 88-18 until May 15, 1990 to enable the Pacific Coast Highway Coalition to make a recommendation. John Stebbings stated he supported malathion spraying, was in opposition of rezoning areas for Pierside Village or for the Whitehole Area and stated he believed more progress should occur regarding the Bolsa Chica Linear Park. George Arnold spoke in opposition of rezoning the non -certified coastal area. Dr. N. D. Vaziri, representing Friends of Wetlands, and Charles Gant, Presi- dent of Friends of Wetlands, spoke in support of keeping the Whitehole Area designated as wetlands. Robert London Moore. Jr.. representing Mills Land & Water Company, spoke in opposition to the recommended action of the public hearing on rezoning. He stated he believed the M1-A-0-CC zoning was not specific enough and that the action would amount to a retaking of the property. He asked what effect the rezoning would have on the light industrial office project that was submitted by Mills. He presented to Council and to the City Clerk a letter regarding City Council Action Zone Change No. 88-18, Council Meeting Agenda Item: D-1, dated February 5, 1990, from Robert London Moore, Jr., for Mills Land & Water Company. Gary Gorman, Executive Director of Huntington Beach Wetlands Conservancy, urged Council's approval of the Zone Change No. 88-18. Craig Everts and Taffy Everts spoke in support of the CC zoning and of the property remaining wetlands. Daniel Braun spoke in support of the wetlands. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. In answer to Councilwoman Winchell's inquiry, the City Attorney stated the question of the motion had to consist of four yes votes to carry. She stated that if the motion failed, the prevailing side (or member voting no) would have to bring the item back to Council. A motion was made by Mays, seconded by Green, to continue open the public hearing of Zone Change 88-18 to February 20, 1990. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Silva NOES: None ABSTAIN: Bannister ABSENT: MacAllister, Erskine PUBLIC CDMMENTS George Arnold spoke regarding the progress on the proposed pier. Chuck Scheid spoke in opposition to ocean view obstruction by proposed redevelopment projects. S Page 4 - Council/Agency Minutes - 2/5/90 Bruce Silverman requested Council to designate Apri 1 22 as Earth Day and that activities pertaining to Earth Day be allowed at Central Park. Councilwoman Winchell requested a staff report regarding the. proposed Earth Day activities. Thomas .Bagshaw, representing Pier Group, requested the proposed cafe on the proposed pier to be informal, and he spoke in opposition to the selection of H.E.G. Enterprises as the concessionaire. David Burris spoke in opposition of the proposed Pierside Village and the north of the pier parking structure in reference to losing the ocean view. He stated he supported Mayor Pro Tempore Green on the medfly issue. The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Mays) Amendment No. 1 to the Joint Exercise of Powers Agreement creating the Orange County City Hazardous Material Emergency Response Authority; (Silva) Agreement for provision. of photographic services to participants of city -sponsored recreational programs; (Bannister) Change Order for Notice of Completion - Ocean View Estates - CC-754; and Amendment No. 1 to Agreement - Downtown Parking .Structure - Harris & Assoc. - CC-706. CONSENT -CALENDAR - (ITEMS APPROVED) On motion .by Green, second Mays, Council approved the following items, as recommended, by the following roll call vote: AYES: Winchell, Green, Mays, Bannister, Silva NOES: None ABSENT: MacAllister, Erskine (City Council/Redevelo=nt Agency) MINUTES - APPROVED - Approved and adopted minutes of Council/Agency adjourned regular meetings of December 14, 1989, December 21, 1989, January 8, 1990, January 16, 1990 and January 22, 1990 as written and on file in the Office of the City Clerk. 'UA Lr . 16WU111. 1 11 rnR�.LL. rinr punotU - nrrnww&w - %onnRLLJ %om 1 LR - n/ J LL.R J I RLL 1 S/0 CYPRESS AYE '(420.70) - Approved final parcel map pursuant to .the mandatory findings set forth by the Zoning Administrator and instructed the City Clerk to execute same and release to the county for processing. \y 1 -H1" 1 / ■ ' 1 in�71 via YYIIW I "n I �.Ln 1 Un 1 MOW {.V 1 int VM1111 iV1\ J1Vn - APPROVED (265.20) - Approved the design and mention of parties financing the renovation of the Huntington Beach Art Center on the temporary sign. (ri tv r-nuari 1) RTn AWARn - APPR( rn _ TRAFFTr STr.WAI MnnTFTrATTnUf. _ FnTNr:FR CC418/643 (600.55) - Accepted the low bid of Intersection Maintenance Ser- vices in the amount of $89,750 for the construction of traffic signal modifi- cations on Edinger Avenue at Bolsa Chica Street and at Springdale Street, hold I Page 5 - Council/Agency Minutes - 2/5/90 bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Intersection Maintenance Service $ 89,750.00 Steiny and Company 105,000.00 Signal Maintenance 107,807.00 \UN Ly, WY111.1 1/ ULM Mang - OWrf IVV rnRn 11=WVy60 111J \r11nJ16 " - %^,LInn 41uL OF PCH - N/0 GOLDENNEST - AMERICAN LANDSCAPE CO. - CC-780 (600.65) - Accep.ted the low bid of American Landscape Companies in the amount of $994,446 for the:. landscaping of the bluffs along the ocean side of Pacific Coast High- way, . north of Goldenwest Street, approved and authorized execution of the appropriate contract and authorized the Department of Public Works to expend $1,059,446 to cover contract costs of $994,446, estimated construction contin- gencies of $50,000 and anticipated "incidental" expenditures of $15,000, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: American Landscape Companys $ 994,446.00 Terra -Cal Construction, Inc. 1,001,199.45 Gateway Construction, Inc. 1,121,248.00 ** Valley Crest Landscape, Inc. 1,131,851.20 Marina Contractors, Inc. 1,151,734.31 Hondo Company, Inc. 1,157,808.20 Tracy & Haigh Landscape, Inc. 1,283,994.46 ** Engineer's Estimate 1,200,000.00 * Audit Total (i.e. the actual total of bid after correction for math errors) ** Incomplete bid - (i.e. contractor did not bid all items of,work) _ XI I (110.20) - Appoint Corrie Broussard (volunteer agency) and Mary Doxiadis (at -large -member) to the Human Resources Board to fill terms October 1, 1989 to September 30, 1990. (City Council) HUNTINGTON BEACH ART CENTER SITE SURVEY/SITE PLAN/WORKING DRAWINGS - APPROVED (265.20) - (1) Approved the conceptual design plans as presented, (2) directed staff to have the topographic survey, site plan and working drawings prepared at a cost not to exceed $44,512, and (3) directed the City Attorney to amend existing contract with Thirtieth Street Architects, Inc. authorizing firm to proceed with survey, site plan and working drawings not to exceed an amount of $44,512. PLANS i SPECIFICATIONS/CALL FOR BIDS - CC-743 (600.60) - Approved plans and specifications for the construction of the 6th Street Sewer Main and Storm Drain System, authorized an expenditure of $110,000 from the unappropriated sewer fund balance and authorized the City Clerk to advertise for bids. Page 6 - Council/Agency Minutes - 2/5/90 RIDS - CC-788 (600.55) - Approved plans and specifications for the rewiring of traffic signals, authorized the appropriation of $50,000 from Gas Tax Funds and authorized staff to solicit construction bids. (City Council) TRACT 12947 - APPROVED - HARB DEVELOPMENT - NOTICE OF COMPLETION - PCH BTWN 19TH AND 20TH STREETS - Accepted the improvements dedi- cated for public use, released the Faithful Performance Bond, released the Monument Bond, accepted Guarantee and Warranty Bond number 3SM 755 031 00 and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. HEXINEWrAiNN /NOWLIN /TRAVER (110.20) - Approved and authorized reappointment of Dr. Gary Hexi mer, Dale L. Dunn, Karen Nowlin and Robert L. Traver to four year terms on the Fourth of July Executive Board with terms to expire August 31, 1993. ENGINEERING SERVICES - WALDEN & ASSOC - CC-755 (600.10) - Approved and authorized execution of Amendment No. 1 to agreement between City and Walden & Assoc. for engineering services in the Main -Pier Area to include additional work for processing the tract map and condominium plan for the Downtown Park- ing Structure at an additional cast of $17,000. (City Council) AMENDMENT NO 1 TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE ORANGE COUNTY CITY HAZARDOUS MATERIAL EMERGENCY RESPONSE - Mr n...vru. - (600.40) The City Clerk presented a communication from the City Administrator pertain- ing to an amendment to the Joint Exercise of Powers Agreement for emergency hazardous materials team response for the purpose of including the unincor- porated and Orange County Fire Department Contract Cities' area of the County under the provider agency portion of the Agreement. In addition, the City Administrator provided to Council a memorandum from Chief Ray Picard request- ing that the Mayor appoint a City Council member to the Orange County -City Hazardous Material Emergency Response Authority Board. A motion was made by Mays, seconded by Green, to approve and authorize execu- tion of Amendment No. 1 to the Joint Exercise of Powers Agreement creating the Orange County - City Hazardous Material Emergency Response Authority which enables the County of Orange and their contract cities to be considered a pro- vider agency, and to appoint a Councilman Bannister to serve as the official board member on the Orange County - City Hazardous Material Emergency Response Authority Board and Fire Chief Picard as an alternate official board member. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Bannister, Silva NOES: None ABSENT: MacAllister, Erskine Page 7 - Council/Agency Minutes - 2/5/90 The City Clerk presented a communication from the City Administrator pertain- ing to' the expired agreement with All America Color, Inc. which provided exclusive color photography service to city youth sports participants. Following discussion, a motion was made by Silva, seconded by Mays, to approve and authorize execution of an agreement for provision of photographic services to participants in city -sponsored recreational programs for exclusive color photography service to youth sports participants. The motion carried by the following roll call vote: AYES: Winchell, Mays, Bannister, Silva NOES: None ABSENT: MacAllister, Erskine (Green - out of the room) (City Council) NOTICE OF COMPLETION - CONTINUED TO 2/20/90 - CHANGE ORDER - OCEAN VIEW ESTATES - CC-754 (600.80) The City Clerk presented a communication pertaining to the Ocean View Estates Mobile Home Park completed by Caswell Construction Company, CC-754. Discussion was held between Councilman Bannister and the Public Works Director. A motion was made by Bannister, seconded by Mays, to continue the item per- taining to the Notice of Completion for Ocean View Estates, CC-754, to February 20, 1990 in order to receive backup material from staff. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Bannister NOES: None ABSENT: MacAllister, Erskine (Silva - out of the room) The Mayor requested staff to include a copy of the contract. when one is required and full backup on any expenditure request. (City Council) AMENDMENT NO. 1 TO AGREEMENT - DOWNTOWN PARKING STRUCTURE - HARRIS & ASSOC. - CC-706 - CONTINUED TO 2/20/90 (600.10) The City Clerk presented a communication from the 'City Administrator pertain- ing to the construction management services for the downtown parking structure, CC-706. Discussion was held between Councilman Bannister and staff. A motion was made by Bannister, seconded by Mays, to continue.the item per- taining to Amendment No. 1 to the agreement for the downtown parking structure between the City and Harris and Assoc. to February 20, 1990. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Bannister, Silva NOES: None ABSENT: MacAllister, Erskine Page 8 - Council/Agency Minutes - 2/5/90 CONTINUED 1 1' 1 (600.10 The City Clerk presented a communication from the Director of Public Works transmitting proposed designs completed by ASL Consulting Engineers for the design of the intersections at Walnut, Olive, Orange, 6th and Acacia. The CC-763.,was continued from January 22, 1990. A motion was made by Mays, seconded by Green, to continue the item pertaining to the Downtown Public Spaces Intersection Design to February 20, 1990. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Bannister, Silva NOES: None ABSENT: MacAllister, Erskine The Clerk presented a transmittal from the City Attorney of Resolution No. 197 for Agency consideration - °A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 130 CONCERNING THE PIERSIDE PROPERTY SOUTHEAST OF THE HUNTINGTON BEACH PIER." - (Abandons all rights and interests below 500 feet in the pierside property to the southeast of the Huntington Beach Pier. In answer to Councilwoman Winchcll's inquiry, the City Attorney stated the City is not interested in the interests below 500 feet in the pierside property. A motion was made by Mays, seconded by Bannister, to adopt Resolution No. 197. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Bannister, Silva NOES: None ABSENT: MacAllister, Erskine The City Clerk presented a communication from the Director of Administrative Services recommending the selection of H.E.G. Enterprises as the concession- aire for the three businesses to be located on the future Huntington Beach Pier. The Director of Administrative Services presented a staff report. The City Administrator stated additional backup should be presented to Council and extensive discussion was held by Council•. Additional information such as an evaluation of firms; more detail regarding sale of beer, wine and liquor. Councilman Green spoke regarding the Design Committee for the pier building. 1 193 Page 9 - Council/Agency Minutes - 2/5/90 A motion was made by Bannister, seconded by Mays, to continue the item per- taining to the concessionaire located on the future Huntington Beach pier to February 20, 1990. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Bannister, Silva NOES: None ABSENT: MacAllister, Erskine None Councilwoman Winchell requested a study session. The City Clerk presented a communication from the Director of Department Public Works transmitting Refuse Collection Services and Disposal Agreement by and between the .City of Huntington Beach and the Rainbow Disposal and Rainbow Transfer and Recycling Companies. The Public Works Director transmitted a new Refuse Collection Services and Disposal Agreement to Council. The City Clerk presented Ordinance No. 3036 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO RAINBOW DISPOSAL/RAINBOW TRANSFER AND RECYCLYING COMPANIES A FRANCHISE TO COLLECT REFUSE." The Public Works Director presented a staff report. Discussion was held between Councilwoman Winchell and staff regarding the recycling provisions. A motion was made by Mays, seconded by Silva, to approve and authorize execu- tion of agreement, and approve introduction of Ordinance No. 3036 after reading by title. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Bannister, Silva NOES: None ABSENT: MacAllister, Erskine (City Council) PIER FUND RAISING COMMITTEE AUTHORIZED TO SOLICIT PROPOSALS FOR FUND RAISING CONSULTANT - STUDY SESSION PROPOSED '(240.10) The City Clerk presented a transmittal from the City Administrator of a communication from the Pier Fund Raising Committee informing Council of a $3.5 million shortfall in the city efforts to raise funds for the city pier and the need to hire a professional fundraising consultant. Ron Shenkman, Chairman Pier Funding Committee, presented a report on the con- clusion of the Pier Funding Committee in regards to the feasibility of raising funds for the pier. Dick Harlow, representing Pier Funding Committee, spoke regarding probable sources of revenue. Following extensive discussion between Council and staff, a motion was made by Mays, seconded by Green, to authorize the Pier Fund Raising Committee to Page 10 - Council/Agency Minutes - 2/5/90 solicit proposals from professional fund raising consultant to manage a $3.5 million campaign to rebuild the municipal pier. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays NOES: Bannister, Silva ABSENT: MacAllister, Erskine Mayor Mays stated there should be a study session with Council and the Pier Funding Committee. He stated that Councilmembers would be meeting with vari- ous agencies In Sacramento and Washington for fund raising purposes. (120.10) The City Clerk presented Ordinance No. 3031 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 2.06 TO THE HUNTINGTON BEACH MUNICIPAL CODE CONCERNING THE ELECTION OF MAYOR AND MAYOR PRO TEM (Procedure for the selection of Mayor and Mayor Pro Tempore). A motion was made by Mays, seconded by Green to adopt Ordinance No. 3031, after reading by title. The motion FAILED by the following roll call vote: AYES: Winchell, Green, Mays NOES: Bannister, Silva ABSENT: MacAllister, Erskine - rni�w - n EL (820.10) The City Clerk presented Ordinance No. 3032 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.32 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 13.32.111 RELATING TO MOORING OF CDNSTRUCTION EQUIPMENT WITHIN HUNTINGTON HARBOUR CHANNELS." A motion was made by Mays, seconded by Green to adopt Ordinance No. 3032, after reading by title. The motion FAILED by the following roll call vote: AYES: Winchell, Green, Mays NOES: Silva ABSTAIN: Bannister ABSENT: MacAllister, Erskine (City Council) ORDINANCE NO. 3034 - ADOPTED - ALLIED ARTS BOARD - RCOUIREMENTS (900.40) The City Clerk presented Ordinance No. 3034 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.101.030 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE ALLIED ARTS BOARD." (Clarifies attendance requirements). .19 r IL 1 Page.11 - Council/Agency Minutes - 2/5/90 A motion was made by Mays, seconded by Green to adopt Ordinance No. 3034, after reading by title. The motion carried by the following roll call,vote: AYES: Winchell, Green, Mays, Bannister, Silva NOES: None ABSENT: MacAllister, Erskine (City Council) ORDINANCE NO, 3035 ADOPTED - DRIVEWAYS AND PARKING AREAS (640.15) The City Clerk presented Ordinance No. 3035 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY REPEALING SECTIONS 17.08.040, 17.20.080 and 17.20.090 RELATING TO DRIVEMAYS AND PARKING AREAS." A motion was made by Mays, seconded by Green to adopt Ordinance No. 3035, after reading by title. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Bannister, Silva NOES: None ABSENT: MacAllister, Erskine CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding negotiations with the Huntington Beach Company - (Civic Center Parking Lot - Corner of Yorktown and Lake). (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litiga- tion - City of Huntington Beach v Grand Wilshire Investment Inc. - U. S. Bank- rupcy Court Case #LA-89-14026-JD - (DEFERRED COMPENSATION LITIGATION). (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litiga- tion - City of Huntington Beach v State of California Department of Agricul- ture - Sacramento Superior Court Case #36-33-84 - (MALATHION AERIAL SPRAYING). The Mayor called a recess of Council at 9:20 p.m. The meeting was reconvened at 9:50 P.M. Page 12 - Council/Agency Minutes - 2/5/90 (City Quo l) APPROPRIATION M CITY ATTORNEY'S LITIGATION ACCOUNT APPROVED dIEDFLY CRISIS (120.80) A motion was made by Mays, seconded by Green, to approve $20,000 to the City Attorney's litigation account No. 13045 for litigation of the medfly crisis in Sacramento. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Silva NOES: Bannister ABSENT: MacAllister, Erskine ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Mays adjourned the Huntington Beach to 8:30 Pacific Coast Highway and ATTEST. • City Clerk/Clerk regular meeting a.m., February Main Street. of the City Council of the City of 10, 1990, at Heidi's Yogurt Shop, Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California .Mayor/Chairman 197