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HomeMy WebLinkAbout1990-03-19MINUTES CITY COUNCILIREDEVELOPNENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, March 19, 1990 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Mays called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. ROLL CALL PRESENT: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine ABSENT: None KCi i y Council) DISCUSSION HELD RE- PUBLIC HEARING - CODE AMENDMENT NO. 90-2 - NEGATIVE DECLARATION 90-2 - FENCES/FALLS/HEDGES Extensive discussion was held between City Council, Community Development Director, and the Park, Tree & Landscape Superintendent regarding various aspects to be considered in the possible removal of the word "hedges" from Code Amendment No. 90-2. CLOSED SESSION 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 litigation - OCSCC 56 42 99 - Di Salvo v. City. The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instruction to the Agency's negotia- tors regarding negotiation concerning the purchase/exchange of the following property - Main -Pier Redevelopment Project Area. PROPERTY ADDRESS 508 Pacific Coast 400 Pacific Coast 117 Main Street 119 Main Street 121 Main Street 123 Main Street 127 Main Street NEGOTIATOR Highway Frank Cracchiolo Highway Eldon Bagstad Gary Mulligan Frank Alfonso George Draper Ann Mase Jim Lane Page 2 — Council/Agency Minutes — 3/19/90 RECESS — RECONVENE The Mayor called a. recess of Council at 6 p.m. The meeting was reconvened at 6:45 p.m. ADJOURNMENT — COUNCIL/REDEVELOPMENT AGENCY Mayor Mays adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 7 p.m., April 2. 1990. at Room B—S. Civic Center. ATTEST: City-.Clerk/Clerk 1.9 Cl erk of the Redevel-,fnent Agency and City Clerk and ex—officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 1 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, March 19, 1990 A videotape 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. ROLL CALL PRESENT: MacAllister, Wincheli, Green, Mays, Bannister, Silva, Erskine ABSENT: Nome OF ALLEGIAM t INVOCATION The Flag Ceremony and Invocation was conducted by Huntington Beach Girl Scout Color Guard, Marilyn Thorp, Director. PRESENTATION - PLAQUE GIVEN TO CHIEF PICARD - OIL SPILL Mayor Mays, on behalf of the City and the residents of Huntington Beach, pre- sented to Chief Ray Picard a plaque for his work during the oil spill clean up. PRESENTATION - PLAGUE GIVEN TO MAYOR MAYS - OIL SPILL Mayor Pro Tempore Green, on behalf of the City Council members, presented a plaque to Mayor Mays for his excellent leadership during the entire crisis of the oil spill. PROCLAMATION - "JUNIOR OLYMPIC CELEBRATION TIME" -,DULY 28-AUGUST 5 Mayor Mays presented a proclamation designating July 28 - August 5, 1990 as "Junior Olympic Celebration Time" to Chuck Beauregard, Golden West Swim Club. PRESENTATION._ $.,_ _CHECK PRESENTED BY HUNTINGTON EACH ROTARY CLUB TO LIBRARY FOR LIBRARY EXPAH.SIQN. PRQJE_CT Tony Tovatt, Huntington Beach Rotary Club, presented a $5,000 check to the library for the Library Expansion Project, 240 r Page 2 — Council/Agency Minutes — 3/19/90 PRESENTATION — $15,000 CHECK PRESENTED BY LIBRARY PATRONS FOUNDATION TO LIBRARY EXPANSION PROJECT Ron Hayden, Library Director and Betty Karbo, Chair, Valentine Party 1990, Library Patrons Foundation presented a $15,000 check for the Library Expansion Project to Ruth Bailey, President, Library Patrons Foundation. Y SCOUTS EXPLORING DIVISION AWARD OF MERIT — WES BANNISTER Councilman MacAllister announced that Councilman Bannister had received the Award of Merit, the highest award given to an adult scouter, from the Boy Scouts Exploring Division; and he would be presented with the award on April 27, 1990. He stated that Councilman Bannister had been nominated by the Search and Rescue Board of Directors. PUBLIC FINANCING AUTHORITY ROLL CALL PRESENT: MacAllister, Green, Winchell, Bannister, Mays., Silva, Erskine ABSENT: None The Secretary was directed to read the Call for Special Meeting. LL FOR SPECIAL MEETIN of HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY Tom Mays, Chairman Wes Bannister, Director Don MacAllister, Director Peter Green, Director Jim Silva, Director Grace Winchell, Director John Erskine, Director You are hereby notified that a Special Meeting of the Huntington Beach Public Financing Authority Board of Directors 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 7 p.m. or as soon thereafter as possible on Monday, March 19, 1990 for the purpose of holding the annual meeting of the Huntington Beach Public Financing Authority which normally would have been held December 25, 1989. Dated: March 13, 1989 HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY /s/ Tom Mus Chairman ATTEST: CONNIE BROCKWAY, CITY CLERK 241 /s/_ Secretary Page 3 - Council/Agency Minutes - 3/19/90 I hereby certify that I received the above notice, "Call for Special Meeting of the Huntington Beach Public Financing Authority", prior to 7 p.m., Sunday, February 5, 1989. /s/ Tom Mays Chairman MINUTES - APPROVED A motion was made by Bannister, seconded by MacAllister, to approve and authorize execution of minutes of December 19, 1988 regular meeting, February 6, 1989 special meeting and March 20, 1988 special meeting, as written and on file in the Office of the Secretary. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Flays, Bannister, Silva, Erskine NOES: None ABSENT: None ADJOURNMENT - PUBLIC FINANCING MINORITY The Chairman adjourned the Special Meeting of the Huntington Beach Public Financing Authority. Councilmembers Bannister and Erskine stated they would be abstaining from con- sidering the vote pertaining to Ordinance No. 3037 due to representing clients who would be affected by the code. Fire Chief Picard stated that the corrections suggested at the last Council meeting had been made; however, one section on insurance had been inadvertently omitted. The City Attorney stated that on the legislative draft proposed amendment 15.16.010 dealing with insurance, the clause regarding the substitution of the insurance for the bond was inadvertently omitted and needs to be included. Also added were the words "sudden" and "accidental" which were determined to be an appropriate modification to the former insurance clause. The Mayor announced that this was the day and hour set for a public hearing continued open from March 5, 1990, to consider: APPLICATIQN _R M�ER: APPLICANT: LOCATION: ZONE: Code Amendment No.90-1 Environmental Assessment No. 90-1 City of Huntington Beach City-wide All zones Page 4 - Council/Agency Minutes - 3/19/90 REQUEST: Major revisions to Title 15, Huntington Beach Oil Code, including appointment of members to subsidence committee, change of definitions, inspec- tions, bonds, insurance, storage limitations, screening, emergency access, production standards and other technical revisions... ENVIRONMENTAL STATUS: Negative Declaration.No.-90-1. Legal notice as provided to the City Clerk's Office. by staff had been mailed, published, and posted. The City Clerk received two communications February 27, 1990 from Cather. Production Company regarding the proposed code amendment. COASTAL STATUS: Following City Council Approval, Code Amendment No. 90-1 will be forwarded to the California Coastal Commission for approval and incorpora- tion into the City's Local Coastal Program. The City Clerk presented Ordinance No. 3037 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,AMENDING THE.. HUNTINGTON BEACH MUNI- CIPAL CODE BY REPEALING TITLE 15 THEREOF, AND ADDING THERETO NEW TITLE 15 ENTITLED HUNTINGTON BEACH OIL CODE." Chief Dennis Groat presented a staff report regarding the Oil Committee and the progress of the writing of the code. Discussion between staff. and Council was held regarding the insurance requirement. The Mayor declared,'the public hearing open. Ray ByeLl-.U,, representing Huntington Beach Company,:. stated the--rev;i.sed code represents all the parties who had worked on it.. He requested approval of the code with the addition of some recommendations he listed. C.E. Cathe'r`thanked Council' for.considering the -liability insurance correction in the proposed code and thanked for fire department for helping to implement that correction He stated he 1sr- in support of property rights and...spoke regarding the communications he had submitted to Council. 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. A motion. was -made by Greer, seconded by..May:, to approve Negative Declaration No. 90-1 KE nvironmental Assessment No.,' 9¢-1.?, to approve=;Code Amendment No. 90-1 and after reading by title, approve introduction of Ordinance No. 3037. Discussion between Council.,an;d, staff regarding the amount .of required Insurance was held. Discussion between Council and staff on storage was held. A motion to amend the main motion was made by Silva, seconded by Winchell, to raise the insurance limit from $100,000 to $500,000. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine 23 NOES: None ABSENT: None Page 5 - Council/Agency Minutes - 3/19/90 The amended main motion made by Green, seconded by Mays, to approve Negative Declaration No. 90-1 (Environmental Assessment No. 90-11, to approve Code Amendment No. 90-1 and after reading by title, approve introduction of Ordinance No. 3037, and to raise the insurance limit from $100,000 to $500,000 carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva NOES: None ABSTAIN: Bannister, Erskine ABSENT: None A motion was made by MacAllister, seconded by Green, to direct staff to look into the storage of of non -oil related items within oil drilling sites and to return to Council with that information at the appropriate time. The motion carried with the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva NOES: None ABSTAIN: Bannister, Erskine ABSENT: None (City Council) PUBLIC HEARING - GRANTED APPEAL - TRAILED FINDINGS (SEE PAGE 14) _- DENIED CONDITIONAL EXCEPTION (VARIANCE) NO. 89-63 - CONSTRICTION OF A FIREPLACE (420.50) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Conditional Exception (Variance) No. 89-63 APPELLANT: Sarah Dunavan APPLICANT: Larry Cubit LOCATION: 211 Crest Avenue ZONE: R1 (low Density Residential) R EQUE S T: To construct a fireplace within nine (9) inches of an interior side yard property line in lieu of the required thirty (30) inches pursuant to Section 9110.7(a). of the Huntington Beach Ordinance Code. ENVJRONMENTALSTATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. 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. The Community Development Director presented a staff report. The Mayor declared the public hearing open. Dennis'e Moses, on behalf of Sarah Dunavan, stated that the fireplace was constructed illegally and that it was an invasion of privacy for Sarah Dunavan. 244 Y �' Page 6 - Council/Agency Minutes - 3/19/90 Arline Howard, Louise Wilson stated the fireplace was built illegally and was only 9 inches to Sarah Dunavan's eave. Barbara 0:]akin stated the fireplace construction prevented Sarah Dunavan from having privacy and that it would be detrimental to the resale of her property. Hattie Wanka stated the fireplace construction was a code violation. Lance 3acot spoke in favor of the fireplace construction. Bill Ridenour, builder of the fireplace, stated that the fireplace was built by code and was safe. Larry Cubit, applicant, stated that the fireplace was safe and spoke in support of Conditional Exception (Variance) No. 89-63. Sarah Dunavan, appellant, distributed pictures to Council and spoke in opposi- tion of the fireplace construction. She reviewed the process of construction and what she had tried to do to stop construction. There being no one present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Winchell, seconded by Erskine, to grant the appeal and to trail the findings. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Erskine NOES: MacAllister, Bannister, Silva ABSENT: None A motion was made by Erskine, seconded by Mays, to trail the item of Condi- tional Exception (Variance) No. 89-63 for staff preparation of the Findings. The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Bannister, Silva, Erskine NOES: MacAllister ABSENT: None (Cityn it L HEARIN DE AMENDMENT N -2 - NEGATIVE DECLARATION 90-2 - FENCES/WALLS/HEDGE (420.20) The Mayor announced that this was the day and hour set for a public hearing to consider: APPLI CATION . NUMBER: APPLI ANT: LOCATION: ZONE: 245 Code Amendment No. 90-2 Negative Declaration No. 90-2 City of Huntington Beach City-wide All zones 1 Page 7 - Council/Agency Minutes - 3/19/90 RE EST: To revise Article 977 of the Huntington Beach Ordinance Code Section 9171 - Permitted Fences, Walls, and Hedges (1) Deviations from the maximum height requirements, to include hedges and fences subject to the approval of a use permit. This city-wide code amendment will affect all land uses where hedges and fences over six (6) feet in height are located in the side and rear setbacks and is consistent with zoning and land use designation. ENVIN NM N AL STATUS: Covered by Negative Declaration No.90-2 Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. The following communications were received: Communications received March 5, 1990 from Ernest Bartolo Communication received March 8, 1990 from Glen & Jerri Hesprich Communication received February 6, 1990 from Alden Kelley, Arborist The Community Development Director presented a staff report and the following proposed actions for Council's consideration: PLANNING RECOMMENDATION: Approve Negative Declaration No. 90-2, approve Code Amendment No. 90-2 with findings as set forth in the March 19, 1990 RCA, and after reading by title, approve introduction of Ordinance No. 3038 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 97710) OF THE HUNTINGTON BEACH ORDINANCE CODE." Code Amendment No. 90-2 was amended to remove language that allowed existing hedges ov a six (6) feet in height in the rear_ and side yard setbacks to remain without obtaining a use permit. OR STAFF RECOMMENDATION: Approve Negative Declaration No. 90-2, approve Code Amendment No. 90-2 with findings as set forth in the March 19, 1990 RCA, and after reading by title, approve introduction of Ordinance No. 3038 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 97710) OF THE HUNTINGTON BEACH ORDINANCE CODE." Staff recommendation is identical to that of the Planning Commission except after further review _staff also recommends tit fences be included in Section 9771 1 The Mayor declared the public hearing open. Jgrri_HM.ri.ch.requested Council to drop the word "hedges" from Code Amendment No. 90-2. She requested all persons in the audience who were in favor to stand. Ken_ Keefe presented a letter to the City Clerk, dated March 19, 1990, addressed to the Huntington Beach City Council, in opposition to proposed changes to city code for hedges. Dana Evors requested Council to drop the word "hedges" from Code Amendment No. 90-2. Page 8 -- Council/Agency Minutes — 3/19/90 Mary Loftis spoke regarding Code Amendment No. 90-2 and stated that any com— plaintant of landscaping should post a bond .with the city to pay all expenses if a decision is made against the landscaping. She stated the City should eliminate restrictions on landscaping by dropping the word "hedges" from the law. Tom McCown distributed pictures to Council. He spoke in favor of Code Amend— ment No. 90-2 as written. He stated the code is meant to provide open space, air, and sunshine to homeowners. Lou Colletta spoke in opposition of the trees. He stated his swimming pool is the recipient of the droppings of the Cypress trees which causes him an extra expense. He stated the trees are an eye sore and a health nuisance.. Veronica.Dickenson., realtor, spoke in support of the current law. Thomas- Blazey requested Council to change the word "hedges" in the Code Amend— ment No. 90-2 to "foliage".. Val Konovalou spoke in favor of retaining the current law. Ernest _Bartolo spoke in opposition of the Cypress trees. He stated both property owners should be in agreement in order to retain the trees. Glen Hesprich distributed pictures to Council and spoke in favor of retaining the tall Cypress trees on his property. Ridgely Montross Keeley spoke in support of retaining the Cypress trees on the Hesprich's property. There being no one present to speak on the matter and there being no further protests filed, either oral or written,. the hearing was closed by the Mayor. Councilman MacAllister inquired about grandfathering being basic law and how that relates to land use changes. The City Attorney stated that this was not an economic use of the land; this was an appurtenance on the land that is existing and it is not as though they have a vested right to the continued use of the land. She stated it was more a health and safety regulation that could be regulated.. She stated that she had reviewed the adjoining.Iandowners' provisions, and there was a law called the Spite Fence Law that would make civil action available. A motion was made by MacAllister, seconded. by. Erskine, to overturn the recommended action and direct staff to remove the word hedges and let civil law take its place rather than us getting in at that level. In answer to Councilwoman Winchell's request for clarification, Councilman MacAllister stated that wherever in the code the word "hedges" appear that it would be removed and the rest of the article would remain the same. The motion made by MacAllister, seconded by Erskine, carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None 247 Page 9 — Council/Agency Minutes — 3/19/90 RECESS — RECONVENE The Mayor called a recess of Council at 9:30 p.m. The meeting was reconvened at 9:40 p.m. PUBLIC MENTS Communication Re: Pierside Village and Pierside Parking ar ge Dave_ Burris — The City Clerk presented a letter from David Burris to the Huntington Beach City Council, dated March 13, 1990, regarding allowing the citizens of Huntington Beach to be able to vote on Pierside Village and Pier — side Parking Garage (on the beach side of Pacific Coast Highway). He requested each Council member to state their position. Bree Mawhorter and Amy Newbury, Dwyer School Leadership Class, congratulated the Council for the oil spill cleanup. Christine Johnson congratulated Council on obtaining federal funds for the pier construction. Jerry Matnev, Pier Events Committee Chairman, stated that the second annual run for the pier would be held June 2, 1990. Carole Ann Wall, Co —Chairman, presented a volunteer shirt to Mayor Mays and asked him to pass out the awards on June 2. e nne Collins inquired about the oil spill cleanup and possible reimbursement. Natalie Kotsch presented information on the meetings held regarding the oil spill cleanup. She stated that a forum for all people who had been economi— cally impacted would be held on March 26, in Room B-8. She invited Mr,'Uberuaga to attend. John Locke stated his problem of the disposal of toxic waste due to Rainbow Disposal not being equipped to receive toxic waste until later in the year. ,lean Abel, representing Village Townhomes, Inc., distributed to Council a letter from Village Townhomes, Inc., dated March 19, 1990. She stated they opposed the petition to the City of Huntington Beach to allow Huntington Continental Townhomes Association, Inc., to build a fence continuing south from their existing block wail on Keswick Lane, make Keswick Lane a one-way street; and to allow them to convert the basketball court to a parking lot. The City Administrator directed staff to meet with Jean Abel. George Arnold spoke regarding city street maintenance. pali_se Lindsay, Dwyer School, spoke regarding the termination of the local oil spill emergency. She thanked the Council for the learning experience of attending the meeting. Tom Stewart showed a video of pornograph material on display in stores in view of children. He requested that the magazines be covered. Jeanine__ qn�. and Cg leen___McCammon requested the newsracks in pornography violation be removed from the streets per city code. 248 Page 10 - Council/Agency Minutes - 3/19/90 Florence Lubow spoke in favor of the Pierside Village Concept. CONSENT CALENDAR --(ITEM REMOVED) The following item was requested by Mayor Mays to be removed from the Consent Calendar for separate consideration: Amendment No. 2 to Consultant Agreement, Goldenwest Street Improvement Project. On motion by Erskine, second Green, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None (City Council /Redevelo epm nt Agency) MINUTES - Approved and adopted minutes of Council/Agency adjourned regular meeting of February 10, 1990 and February 20, 1990; regular meeting of February 20, 1990; and special meeting of February 27, 1990 as written and on file in the Office of the City Clerk. (CityQunCi1) BID AWARD - APPROVED - TRAFFIC SIGNAL MODIFICATIONS HAMILTON & MAGNOLIA - INTERSECTION MAINTENANCE SERVICE - CC-579 (600.55) - Accepted the low bid of Intersection Maintenance Service in the amount of $43,500 for traffic signal modifications at Hamilton and Magnolia and approve and author- ize execution of an appropriate contract and authorize the Director of Finance to encumber $1,000 to cover testing and certification of materials by Cal trans per service agreement approved by City Council on January 22, 1990, 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: Intersection Maintenance Service $43,500.00 Steiny and Company 48,700.00 William R. Hahn 54,840.00 (City Council)�.NQTIQE OF COMPLETION - APPROVED.- CONSTRUCTION OF SUPPLEMEN- TARY SIORN DRAIN ON ROGERS DRIVE - N - - (600.90) - Accepted work completed by Construction Engineers on the construction of a supplementary drain system on Rogers Drive to alleviate standing water in gutter swales at a final cost of $36,125 and authorized the City Clerk to file a Notice of Completion. (Ci#x_ CQ_un_ci l )_..CQN5TRUCT10N QF _._GARFIELD__ AVENUE_ STORM -DRAIN AND WATER MAIN PLAN __AND _SPECIFICAT_— APPROVED -_ CALL FOR BIDS - AUTHORIZED - -7 4 (600.60) - Approved plans and specifications and authorized call for bids for construction of Garfield Avenue Storm Drain and Water Main and approved con- tract subject to award of contract to Council approved lowest responsible bidder. I 249 Page 11 - Council/Agency Minutes - 3/19/90 Ci ty Coun it FINAL PARCEL MAP 88-447 - APPROVED - PACIFIC COAST CORPQR&TION - E/O GOTHARD STREET _ N/0 TALBERT AVE (420.70) - Approved Final Parcel Map 88-447, accepted offer of dedication pursuant to mandatory findings set forth by the Zoning Administrator and instructed the City Clerk to affix her signature to the map and release the map to the County for processing. (City CpUncil) TRAINING TOWER/FIRE BUILDING AT JOINT POWER TRAINING CENTER - PLANS AND SPECIFICATIONS - APPROVED -&ALL FOR BIDS - AUTHORIZED - C -744 (600.80) - Approved plans and specifications and authorized call for bids for the renovation of the training tower/fire building at the Joint Power Training Center located at 18301 Gothard Street, approved agreement subject to award of contract to Council approved lowest responsible bidder and authorized an appropriation of $67,000 from Fiscal Account No. G-UU-FR-304-2-25-25 for this contract. (City C nil RUN FOR THE PIER - APPROVED - CITY SPONSORSHIP - WAIVER OF PERMIT (960.50) - Approved City sponsorship of the 1990 "Run for the Pier," waive the usual permit requirement and provide a budget of $46,300 to meet costs associated with the run. City CaunCil) RESOLUTION 6124 - _ADOPTED - DESIGNATE ORANGE COUNTY WASTE MANAGEMENT COMMISSION AS LOCAL TASK FORCE AND APPOINT CITY LIAISON (1020.50) 1. Adopted Resolution No. 6124 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO SUPPORT DESIGNATION OF THE WASTE MANAGEMENT COMMISSION AS THE COUNTYWIDE TASK FORCE UNDER AB 939, THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989" 2. Directed the Community Services Director to appoint a staff member to act as City liaison to the Waste Management Task Force. .(City Council) ENVIRONMENTAL BOARD RESIGNATIONS - ACCEPTED-JEFFREY N. ASS/BLANCHE DEIGHT/HEIDI GARRITY (110.20) - Accepted, with regrets, the resignation of Jeffrey N. Cross, Blanche Deight and Heidi Garrity from the Environmental Board. (City Council AMENDMENT NO. 2 TO CONSULTANT AGREEMENT - CONTINUED TQ 4/2/90 - KEITH COMPANIES - GOLDEN WEST STREET IMPROVEMENT PROJECT - DESIGN OF WIDER ROADWAY AND RAISED MEDIAN BETWEEN_GARFIELD AND TALBERT AVENUES (600.10) A motion was made by Erskine, seconded by Green, to continue to April Z, 1990 the item pertaining to Amendment No. 2 to agreement between the City of Huntington Beach and Keith Companies for Engineering Services. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None 250 Page 12 - Council/Agency Minutes - 3/19/90 (Redevelopment Agency) EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE REDEVELOP- MENT AGENCY AND NEWCOMB-TILLQTSQN DEVELOPMENT COMPANY - APPROVED - MAIN -PIER PROJECT AREA - ONE BLOCK - MAIN/ORANGE/FIFTH/OLIVE (600.30) The Clerk presented a communication from the Director of Housing and Redevel- opment transmitting an Exclusive Negotiation Agreement between the Redevelop- ment Agency and Newcomb -Tillotson Development Company for the development of one block within the Main -Pier Project Area. The Executive Director presented a staff report. A motion was made by Mays, seconded by MacAllister, to approve and authorize execution of Exclusive Negotiation Agreement between the Redevelopment Agency and Newcomb -Tillotson Development Co. for the Development of one block within the Main -Pier Redevelopment Project Area. (Main/Orange/5th/Olive) The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None (City Council)RESOLUTION NO. 6126 - ADOPTED - TERMINATION OF LOCAL EMERGENCY - OIL SPILL (520.30) The City Clerk presented Resolution No. 6126 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY PREVIOUSLY DECLARED ON FEBRUARY 7, 1990." The City Administrator presented a staff report on the oil spill beach cleanup. He stated the City Attorney is in the process of preparing informa- tion and that it would be brought back to the City Council to analyze the approach and strategy and nature of any claims for the purpose of reimburse- ment to the city. Fire Chief Picard presented a staff report regarding the operational sequence of the oil spill cleanup. Discussion was held regarding the Alaskan oil spill cleanup for purposes of consultation. A motion was made by MacAllister, seconded by Green, to adopt Resolution No. 6126. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None (City Council MUNICIPAL PIER DESIGN AND CON TRUCTION STATUS - RECEIVED AND FILED (240.20) The City.Clerk presented a communication from the City Administrator trans- mitting an updated and revised schedule of the design and construction of the Huntington Beach Municipal Pier. The City Administrator presented the report on the time table and funding. He stressed that funding for the project needs to be pursued. 251 1 Page 13 - Council/Agency Minutes - 3/19/90 The Public Works Director presented a staff report. James rr m 1_y, Project Manager, Moffatt & Nichol, Engineers, presented a report on the design of the proposed municipal pier. Discussion was held between Council and staff regarding the design and structure of the proposed municipal pier. Rich Barnard, Deputy City Administrator reported that renderings will be pre- sented to Council at the time of the study session on the matter. A motion was made by Mays, seconded by Green, to receive and file the revised schedule of the design and construction of the Huntington Beach Municipal Pier. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: 'None (City Council) ZONE CHANGE 88-18 - (NON. -CERTIFIED WHITEHOLE AREA) - Q,RD N.Q 033 - INTRODUCTION APPRQVED - RES NO 6119 - ADOPTED (450.20) The City Clerk presented a communication from the Director of Community Development transmitting Ordinance No. 3033 and Resolution No. 6119 regarding Zone Change 88-18 - Non -Certified Whitehole Area. The City Clerk presented Ordinance No. 3033 for introduction - "AN ORDI- NANCE 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 14ITHIN VARIOUS DISTRICTS WITHIN THE 'WHITEHOLE' AREA OF THE COASTAL ZONE." (Zone Change 88--18) The City Clerk presented RESOLUTION NO. 6119 for adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING ZONE CHANGE NO. 88--18 FOR THE "WHITEHOLE" AREA." Following a reading by title of Ordinance No. 3033, a motion was made by Mays, seconded by Green, to approve introduction of Ordinance No. 3033 and adopt Resolution No. 6119. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Erskine NOES: None ABSTAIN: Bannister ABSENT: None (Silva - out of the room) CALIFORNIA WILDLIFE €'ROTECTION ACT OF 1990 ENDORSEMENT - RESOLUTION NO 6123 - APPROVED (640.40) The City Clerk presented Resolution No. 6123 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ENDORSING THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990." Page 14 — Council/Agency Minutes — 3/19/90 A motion was made by Green, seconded by MacAllister, to adopt Resolution No. 6123. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Erskine NOES: None ASSENT: None (Silva — out of the room) RESOLUTION NO 6125 — ADOPTED ALTERNATIVES TO COMBATTING MEDFLY INFESTATION �.64• 4Q) The City Clerk presented Resolution No. 6125 for Council consideration — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, URGING THE STATE OF CALIFORNIA TO RE—EVALUATE THE ALTERNATIVES TO COMBATTING MEDFLY INFESTATION AND OPPOSING AERIAL SPRAYING UNTIL FURTHER SCIENTIFIC EVALUATION IS AVAILABLE." Councilman Green presented a report pertaining to malathion spraying. The City Attorney presented an updated report on the malathion spraying liti— gation. She stated that Deputy City Attorney Robert Sangster testified at the hearing before the Assembly Natural Resources Board. Assemblyman Curt Pringles resolution which would ban spraying of malathion over urban areas. The resolution was passed after a slight modification by Maxine Waters and that committee is forwarding the resolution to other committees in the state, and it will be before the entire Assembly before soon. A motion was made by Mays, seconded by Green, to adopt Resolution No. 6125. The motion carried by the following roll call vote: -i AYES. MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None (City Council PUBLIC HEARING — GRANTED APPEAL — DENIED CONDITIONAL EXCEPTION VARIANCE) N0.__$9-63 — FINDINGSFQR DENIAL APPROVED (SEE PAGE 5) — CONSTRK - TION OF A FIREPLACE (420.50) The Community Development Director read the following Findings for Denial of the Conditional Exception (Variance) No. 89-63: Findings for Denial: 1. There are not exceptional or extraordinary circumstances or conditions applicable to the land, building or premises involved that do not apply generally to other property or uses in the same district. 2. The granting of Conditional Exception No. 89--63 for the construction of a fireplace within . 9 inches ' of, an interior side yard property. -line in lieu of: the required 30 inches is. not necessary in order to preserve the enjoyment of one or more of the substantial property rights. 3. The granting of Conditional Exception No. 89-63 for the construction of a fireplace within 9 inches of an interior side yard property line in lieu of the required 30 inches will be materially detrimental to the public health, safety and welfare, and injurious to the land and property improvements in the neighborhood due to inadequate interior side yard for 253 light, air, ventilation, access. Page 15 - CouricillRgency Minutes - 3/19/90 4. The granting of Conditional Exception No. 89-63 for the"construction of a fireplace within 9 inches of an interior side yard property _1 i ne in lieu of the required 30 inches is not consistent with -the goals and objectives of the City's General Plan and Land Use Map designation of -Low Density Residential (R1). Councilwoman Winchell asked whether the findings whickr had been .read.specifi- cally included that some property rights or some future rights of the neigh- boring property could be precluded by this act_ The Community Development Director stated it wasn't stated specifically but that it was inherent in the General Plan provisions or Finding No. 3. A motion was made by Mays, seconded by Green; to approve the findings for denial. The motion carried by the following vote: AYES: Winchell, Green, Mays, Erskine NOES: MacAllister, Bannister, Silva ABSENT: None CLOSED SESSION 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 - Southern. California Gas Co. v. City of Huntington Beach. (120.80) RECE - RECONVENE The Mayor.called a recess of Council at 11:05 p.m. The meeting was reconvened at 11:15 p.m. ADJOURNMENT - (MUNCILIRIEDEYELOPMENT AGENCY Mayor Mays adjourned the regular meeting of the City Council of the City of Huntington Beach to 5:30 p.m:, April 2, 1990, Room B-8, Civic Center. ATTEST: 41etk/Clerk 440� oa�q� Clerk of the RedeveOpment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 254