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HomeMy WebLinkAbout1990-07-02 (12)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Room B-8, Civic Center Huntington, -.Beach, California Monday, July 2, 1990. A tape recording of this meeting is. on file in the City Clerk's Office. Mayor Mays calledthe 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, Winche.11, Green, Mays, Bannister, Silva, Erskine ABSENT: None METHANE GAS HAZARD ABATEMENT TO BE ADDED TO AGENDA The City Administrator stated that an item pertaining to the Methane Gas Hazard Abatement would be added to the agenda. DISCUSSION RE: CLOSED -SESSION ON CLASSIFICATION & SALARY PLAN The City Attorney requested a Closed Session on the Amendment. to the City's Classtfication and Salary Plan. The City Clerk stated. she:: opposed_ the Closed Session as. it pertained to positions in the- Offi ce of they City Clerk. In answer to: Councilman. Gre-en'`'s i-nqui,ry,:,., the:, City Att . orneyl stated the City Clerk would not. be. present 'at: the Closed -Session.. Councilman Green stated for the: record that he was inopposition of a Closed Se s,s i on . The, City At.torney� stated. the. matter was, the subject:of di°spu.te and that the j study, would be referred to-, an, independent officer. The City Clerk objected to an independent officer and; stated; if there wa.s no reclassification, there would be.,no?one to study. Councilman MacAllister expressed a need- to l i sten to the. City Attorney. Councilman Green stated there should, be no.discussion of the City Clerk's office without the City Clerk being present. The City -Attorney stated the problem with attendanceby. the, City Clerk was that the confidentiality of the, Closed -.Session would'be,compromised. HOUSING ELEMENT DISCUSSION The City- Clerk presented. a communication from the, Community Development ..Director to the City Administrator dated June.25, 1990 pertaining to the Hous- ing Element Study Session Page 2 - Council/Agency Minutes - 7/2/90 Howard Zelefsky, Planning., Director, reported on the Housing Element Update document. HOUSING_ ELEMENT STUDY SESSION - 7/16/90 Mayor Mays requested a Study Session for July 16, 1990 to further answer CounciV s questions on the Housing Element Update. Councilmember Winchell spoke regarding, density bonuses including the need to monitor some. Councilmember Winchell referred to Page 19 of Attachment 2 of the 1989 Draft Housing_ Element Policies and Programs. She. requested an addition be made to the end of Programs a. ":.:and appropriate spaces within and outside structures for recyclable materials." Councilmember Winchell expressed her concerns on Page 16 e. "Conserve afford- able housing opportunities in the Coastal Zone. Page 12 d. She questioned if Council really wanted the policy of promoting the rezoning of vacant or recy- ciable-parcels of land to higher densities. Councilmember Winchell stated that Page 5 h. should be combined with Page 6 r. to. read, "Promote adoption of development standards which reduce housing costs while ensuring that any adverse impacts are minimized when increasing densi- t1e,s or,relaxing standards in order to provide for low and moderate income housing. Councilman Bannister stated that if Council. believes more affordable housing is. needed and should be mandated, it should be done with direction given to staff. Discussion was held between Councilman Bannister and .staff regarding mandating extra units for affordable housing: The Community Development Director stated he would address the issues on affordable housing. The. City Administrator stated the Community Development Director would create a memorandum on enforcement of policy, how staff enforces that policy, and how that relates to state law and state requirements. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Mays adjourned the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to 7 p.m., July 2, 1990. Room B-8, Civic Center. MAW Clerk of._ the Redevelopment Agency and tity :'.Clerk and ex-offscio Clerk of _the City Council of the City of Hunti,ng;ton Beach, California ATTEST: i City'Clerk/Clerk Mayor/Chairman I MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, July 2, 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 Redevelop- ment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL PRESENT: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine ABSENT: None PLEDGE OF ALLEGIANCE & INVOCATION The Official Huntington Beach Color Guard presented the colors. The Flag Ceremony was conducted by Miss Huntington Beach, Tracie Sawyer, and her court. The Invocation was delivered by Father Kerry Baloo from St. Bona - venture Catholic Church, Huntington Beach. Tracie Sawyer sang two songs, "The Star Spangled Banner" and "God Bless the USA". PROCLAMATION PRESENTATION - MISS HUNTINGTON BEACH AND HER COURT The Mayor presented a proclamation to Miss Huntington Beach and her Court in recognition for the fine example they set when representing the City of Huntington Beach. PROCLAMATION PRESENTATION - HUNTINGTON BEACH COLOR GUARD The Mayor presented a proclamation to the Huntington Beach Color Guard for all they do to present the colors to the city, county, state and country. Dave Perusse, Marcus Domingo, and Maria Zepeda represented the Color Guard. PRESENTATION - COUNCIL ON AGING - $6,521.38 CHECK DONATED FOR VAN A check to cover.the balance needed to purchase a van to transport handicapped and not=handicapped seniors was presented to the Mayor by Pat Davis, President of Council on Aging, and the newly crowned Senior King and Queen of Huntington Beach, Chuck Barbara and Kay Hunter. The van w ill be staffed with city personnel. Nora Webb distributed information to the Council. Page 2 — Council/Agency Minutes — 7/2/90 PRESENTATION — RANDY REID SIGN COMPANY — DONATION OF SIGNS & SERVICES A donation of $1,000 worth of signs and related services within the remaining months of 1990 was donated from the Randy Reid Sign Company. Randy Reid was not present. JOINT MEETING OF THE CITY COUNCIL AND CIVIC CENTER IMPROVEMENT CORPORATION Mayor Mays announced that a joint meeting of the City Council and the Civic Center Improvement Corporation had been called. HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION ROLL CALL Present: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine Absent: None The Secretary was directed to read the Call for annual meeting. CALL FOR ADJOURNED REGULAR MEETING OF HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION Wes Bannister, President Tom Mays, Vice President John Erskine, Director Peter Green, Director Don MacAllister, Director Jim Silva, Director Grace Winchell, Director You are hereby notified that the annual meeting of the Civic Improvement Corporation 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. on Monday, July 2, 1990 for the purpose of considering items of business on the Civic Improvement Corporation agenda as attached and as posted at the Civic Center bulletin board. Dated: June 26, 1990 /s/ Wes Bannister President ATTEST: /s/ Connie Brockway Connie Brockway, Secretary I hereby certify that I received the above notice, "Call for Meeting of the Huntington Beach Public Civic Improvement Corporation", prior to 7 p.m., Sunday, July 1, 1990. /s/ Wes Bannister President I ,Z.q Page 3 - Council/Agency Minutes - 7/2/90 MINUTES - ADOPTED A motion was made by MacAllister, seconded by Mays, to approve and adopt minutes of. the adjourned regular meeting of July 17, 1989, '.as written and on file in the Office of the Secretary. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None ELECTION OF OFFICERS A motion was made by MacAllister, seconded by Mays, to elect the following officers: Elect Mayor Tom Mays - President; Mayor Pro-Tem Peter Green - Vice -President; City Clerk Connie Brockway - Secretary. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None ADJOURNMENT HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION MEETING The President adjourned the adjourned regular meeting of the Huntington Beach Civic Improvement Corporation. The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Appeal to Planning Commission's denial of Conditional Use Permit No 89-66 with Special Permits/Coastal Development Permit No. 90-6/ Tentative Parcel Map No. 89-456. APPLICANT/APPELLANT: Southridge Homes LOCATION: Northeastern corner of Pacific Coast Highway and Fifteenth Street. ZONE: Downtown Specific Plan District 2 R.L-QUE$T: Appeal to the Planning Commission's denial of Conditional Use Permit No. 89-66 with Special Permits/Coastal Development Permit No. 90-6/Tentative Parcel Map No. 89-456 which is a request to construct a 4 unit condominium complex with special permits for: (1) encroachment into front yard setback:. (2) exceed site coverage (3) reduced common open space (4) reduced private. open space (5) relief from upper story setback (6) reduce .private access. width and consolidate two lots into one lot for condominium purposes. Page 4 - Council/Agency Minutes - 7/2/90 ENVIRONMENTAL STATUS: Pursuant to Section 15182(a), this project is exempt from further analysis under California Environmental Quality Act. COASTAL STATUS: APPEALABLE - This project is in the appealable portion of the coastal zone. Under the provisions of the Huntington Beach Ordinance Code, the. -act -ion taken by the City Council is final unless an appeal is filed to,.the--.California Coastal Commission by an aggrieved party. Said appeal„ -must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved, --An aggrieved person may file an appeal within ten (10) working days pursuant to Section 30603 of the Public Resources Code, in writing to: California Coastal Commission, 245 W. Broadway, Suite •- 380, -: _POB 1.450, Long Beach- Cal-forni,,a:.:­ _The -Coastal Commission reviewperiod will commence after the City Council action. Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Coastal Commission review. Applicants are advised not to begin construction prior to that date. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. Communications dated June 4, 1990 and June 25, 1990 received from Yvonne Fowler, communication dated June 4, 1990 from Gilbert Ramirez .and communi-cation­dated June 20, 1990 from Chris Fowler. The City Clerk stated a letter in ­oppos'ition had been received from Scott and Vi Cowden; it was distributed to Council. The Community Development Director presented a staff .report: The Mayor declared- the ,publiic� hearing open. Gilbert Ramirez spoke in opposition of the plans to build four condominiums on the 50' lot. .It, stated he believed it would encroach -on the --space available. for the nei ghbori ng -1 ofs . Dick Kelter, applicant/appellant representing Southridge_ Homes,=_.stated he believed, that approval of the project would be consistent with other projects completed in the past. Bob Bolen,, owner -of-property• adjacentto the project,,gave reasons why he.did not believe the project should be permitted. He stated --the project would move into his _view corridor. He stated that three units,- would- ..fit: ,on the lot without a..speci,al.' permit and ..he . believed that would- :be _coRsi.stent ,-with the development in the -.area. _ ;.:, _,7 , 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. Wi-nch.elI, seconded by Erskine,• to. .devel.op the: project as submitted and to direct the applicant to redesign the project ,rather than deny outright so it could stay in .the project with only one Special Permit for possible reduct-ion of common open space. The motion FAILED by the following roll call vote: AYES: Winchell, Green, Erskine NOES: MacAllister, Mays, Silva ABSTAIN: Bannister 29 ABSENT: None Page 5 - Council/Agency Minutes-.7/2/90 A motion was made by MacAllister, seconded by Silva, to deny the appeal of Conditional Use Permit No. 89-66 with Special Permits, Coastal Development Permit No. 90-6 and Tentative Parcel Map No. 89-456 with findings and refer back to the Design Review Board, and Planning Commission for review of modifications and recommendations by staff. The motion EAUEp by the following roll call vote: AYES: Mays, MacAllister, Silva NOES: Winchell, Green, Erskine ABSTAIN: Bannister ABSENT: None A motion was made by MacAllister, seconded by Mays, to reconsider the motion made by Winchell, seconded by Erskine, to develop the project as submitted and to direct the applicant to redesign the project rather than deny outright so it could stay in the project with only one Special Permit for possible reduction of common open space. The motion carried by the following roll call vote: AYES: MacAllister, Green, Mays, Silva, Erskine NOES: Winchell ABSTAIN: Bannister ABSENT: None The motion made by Winchell, seconded by Erskine, on reconsideration to develop the project as submitted and direct the applicant to redesign the project rather than deny outright so it could. stay in the project with only one Special Permit for possible reduction of common open space carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSTAIN: Bannister ABSENT: None PUBLIC COMMENT Bob Biddle, President Huntington Beach Tomorrow, spoke in opposition of a bond to finance the proposed youth sports complex in Huntington Central Park. .)amP,s_..Rv_sh spoke in opposition to the proposed youth sports complex in Central Park. He stated he believed the park should remain passive and that the youth sports could use school properties. Peggy Greve spoke in support of the proposed youth sports complex in Hunting- ton Central Park and urged the inclusion of gymnastics. Laura Nelson distributed a letter to Council dated July 2, 1990. She spoke in opposition to Resolution No. 6171, Amendment to City's Classification and Salary Plan. She expressed her concerns that a detrimental precedent was being set to allow Y-rating of positions and stated she believed the classifi- cation study was inefficient. Judy Richards spoke in opposition to Resolution No. 6171, Amendment to City's Classification and Salary Plan and stated the study was executed improperly. George_Arnold expressed his concerns regarding business license requirements. 1�0 Page 6 - Council/Agency Minutes - 7/2/90 Jon Coultrup, Coultrup Development Company, stated he was present to answer any questions pertaining to Huntington Harbour Bay & Racquet Club 36 Unit Residential Condominium Project. Jerry Selvin, .Huntington Harbour Property & Owners Association President, spoke in opposition to the Huntington Harbour Bay & Racquet Club 36 Unit Residential Condominium Project because of the height of the project. He stated it should be kept at 30 feet instead of 45 feet in height. Marti Klarin spoke in opposition to the project due to being built over a potentially active fault; that the EIR was seven years old. She stated that she did not believe the Council had been provided with key information that staff had and that the Specific Plan had been violated; that plans were only submitted in June, 1990. Donna Klein spoke in opposition to the project due to the lack of determin- ation of the fault line presenting a serious geological problem. She stated that staff reports were not made available; she opposed plans to cantilever over, and stated that it is not a semi -subterranean project. Mike Cavallo presented reasons he believed that Huntington Harbour Bay & Racquet Club is on a patented tideland which prohibits residential housing. He spoke regarding a letter that had been provided to Council. John Kerkes spoke in opposition to the project due to what he believed to be geological hazards. He spoke regarding a letter sent to the city by Moore & Taber, a geological firm dated November 10, 1987. They displayed a- map and overlays prepared by their surveyor. Col. Dick Willsie stated he believed the permits on the proposed condominium project -should be declare.d void due to the fault line at the: southeast corner of the property line; that when first approved if the error had been corrected the plan could not have.been approved. He referred to a map in the city's file by Geotech-dated April, 1989,..relative to the-fault.line Joe Scheitzach stated he believed that the proposed condominium project is flawed, that this Council and previous City Councils were. not given proper information. He stated the city should received a complete development agreement for the entire site and that staff should be directed to hold issuance of building permits, zoning changes or other activities. until the appropriate information is received. Barbara Devlin, spoke in opposition to the Huntington Harbour Bay & Racquet Club 36 Unit Residential Condominium Project and stated she believed it was the responsibility of the developer and the city to prove the site is safe. Bruce Hall, Ed Andrews, Ronald Cornelsen, Philip Baumfeld, John Vencius, Jim Ruziecki, Gary Ernst, Kevin Kelter, Tom Duchene, and Don Peters spoke in support of the proposed Youth Sports Complex/Gymnastics Center. Clancy Yoder expressed his concerns regarding the status of a park development fee resolution which has not yet been presented to the City Council. He stated he is in support of the proposed Youth Sports Complex but not by means of a bond issue. Page 7 - Council/Agency Minutes - 7/2/90 Dr. Gerald Chapman stated that the Homeowners Association had serious doubts about the grading plan and if it followed the conditions of approval for Final Tract Map No. 13714. He inquired about the collection of the equestrian bond for Country Home Estates. He stated concerns regarding the fairness of a property owner vote for the Mello -Roos Assessment District.. He expressed his concern about a fully laden water truck using the private street, Trotter, instead of the public street, Quarterhorse.' Carrie Thomas spoke regarding conditions of approval on Final Tract No. 13714 and expressed concerns about the conditions being met She stated the money should be used for a park. Todd Houseal, representing Action Geotechnical Consultants for the Bay Club in Huntington Harbour, stated he had. reviewed the staff report and he was present to answer questions on the Huntington Harbour Bay & Racquet Club Condominium project. RQ�i Acuna, representing Strata -Tech Geotechnical Consultants, stated he was present to answer questions on the Huntington Harbour Bay & Racquet Club Condominium project. Lee Mann, representing Keith Companies, stated they are the consulting engineers for Coultrup Development and that he was present to answer questions on the Huntington Harbour Bay & Racquet Club Condominium project. David Colgan, attorney for Coultrup Development, stated he supported the staff recommendation and was present to answer questions after the staff report. Regular Order of Agenda Suspended On motion by MacAllister, second Bannister, Council unanimously approved suspending the regular order of business as shown on the agenda to move immediately to the item pertaining to the Youth Sports Complex/Gymnastics Center. The City Clerk presented a communication from the Acting Director of Community Services regarding the need to evaluate possible locations within Huntington Central Park for an outside youth sports complex and a gymnastics building. Jim Engle, Acting Director of Community Services, presented a staff report. Following discussion, a motion was made by MacAllister, seconded by Erskine, to direct staff and the Community Services Commission to work with the organizations involved to do a plan for a youth sports complex at Location A with the SCATS Program Plan just south of that location; to return to Council with formal plan and suggested method of funding with 180 days. An amendment to the main motion was made by Erskine, seconded by MacAllister, to state in the Central .Park Master Plan the generic word "gymnasium" and SCATS just as any private, non-profit little league group would be eligible to use the Youth Sports Complex and staff to come back in 90 days with a preliminary plan. 9 Page 8 - Council/Agency Minutes - 7/2/90 Councilman MacAllister stated that by inserting the word gym he was not excluding SCATS, but the facility would need to be available for other things too.. In answer to Councilman Bannister's inquiry, Mr. Engle stated he had spoken to the State Grants Specialist and would resubmit the proposal to the State Department of Parks and Recreation to change "passive recreation concept" to a "youth sports complex". The main amended motion by MacAllister, seconded by Erskine, to direct staff and the Community Services Commission to work with the organizations involved to do a plan for a youth sports complex at Location A and gymnasium located south of Location A within Huntington Central Park; and to return to Council with suggested method of funding and a formal Central, Park Master Plan by an appointed committee in 90 days. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Silva, Erskine NOES: Winchell, Green, Mays ABSENT: None A motion was made by Erskine, seconded by. MacAllister, to follow staff's recommendation and form an advisory committee consisting of the membership outlined by staff with three members of the committee appointed by the Mayor to come back by July 16, 1990 with a recommendation of wording for such an advisory measure. The motion carried by the following roll call vote: AYES: MacAllister, Mays, Bannister, Silva, Erskine NOES: Winchell, Green ABSENT: None Council Advisory Committee for Central Park Appointed Mayor Mays appointed the following advisory committee for the Central Park Master Plan: Councilmembers Green, Mays, and Erskine. Regular Order of Agenda Suspended On motion by MacAllister, second Bannister, Council unanimously approved suspending the regular order of business as shown on the agenda to move immediately to the item pertaining to the Seismic Issues Relating to the Huntington Harbour Bay & Racquet Club 36 Unit Residential Condominium Project (Coultrup Development Co.), followed by the Consent Calendar. (City Council) SEISMIC ISSUES RELATING TO THE HUNTINGTON HARBOUR BAY & RACQUET CLUB 36 UNIT RESIDENTIAL CONDOMINIUM PROJECT (COULTRUP DEVELOPMENT CO.) - STATUS REPORT RECEIVED AND FILED The City Clerk presented a communication from the Director of Community Development transmitting a report regarding seismic issues relating to the Huntington Harbour Bay & Racquet Club 36 unit resi denti a.l condominium project located at 4123 Warner Avenue. The Project is located` within the Alquist- Priolo Special Studies Area which requires a comprehensive site analysis to determine the existence of any recent faulting (within past 10,000 years) and then to suggest potential mitigation measures. This report will discuss the 1 recent error found in the original plotting of a seismic setback area and discuss Council alternatives. Page 9 - Council/Agency Minutes - 7/2/90 The City Administrator stated that the city is in litigation on the item pertaining to the Huntington Harbour Bay & Racquet Club. He stated he was asked by Council to present a status report. The Community Development Director presented a staff report and recommendation for the proposed project. Councilwoman Winchell presented her concerns and stated that she as a Councilmember had not had the geotechnical data before which is now available. In answer to Councilwoman Winchell's inquiry pertaining to contradictory geotechnical reports, the Public Works Director addressed the City Engineer's decision as it related to the study done by the geologists. In answer to Councilman Green's inquiry, the Community Development Director stated that the permit had proper notification and proper procedures were followed. In answer to Councilwoman Winchell's inquiry, the Community Development Director explained that a foundation only permit was allowed and that it was a common procedure of the city to allow developers to get a start on the project while further review is being done on the project. Roland Acuna, representing Strata -Tech Geotechnical Consultants, further answered Councilwoman Winchell's inquiries and spoke in support of the proposed project. Following discussion, a motion was made by MacAllister, seconded by Bannister, to receive and file the status report. The motion carried by the following roll call vote: AYES: MacAllister, Mays, Bannister, Silva, Erskine NOES: Winchell, Green ABSENT: None The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Silva) abstention from June 18, 1990 minutes; (Green) Resolution No. 6175; (Erskine) Certificate of Completion for the Huntington Bayshore Project; (Bannister) Waterfront Project Financing, Oil Spill Negotiator; (City Administrator) Removed Resolution No. 6176 and Agreement between City and British Petroleum. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Erskine, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None Page 10 - Council/Agency Min.utes - 7/2/90 (City Council/Redevelopment A9ency) MINUTES - APPROVED - Approved and adopted minutes of Council/Agency adjourned regular meetings of June 11, 1990 and June 18, 1990 and regular meeting of June 18, 1990 as written.and on file in'the Office of the City Clerk. (City Council) REAPPOINTMENT OF REPRESENTATIVE AND ALTERNATE TO ORANGE COUNTY HOUSING AUTHORITY (OCHA) ADVISORY COMMITTEE - KOHLER/BROWN - APPROVED (150.50) - Approved reappointment of Stephen V. Kohler as the City's repre- sentative to Orange County Housing Authority for a two-year term commencing July 1,,1990 through June 30, 1992 and approved appointment of Gregory A. Brown as alternate for the next full term commencing July 1, 1990 through June 30, 1992. (City Council) BANKING SERVICES - APPROVED - SANWA BANK (310.10) - Approved Sanwa Bank to provide the City with banking services for the period beginning July 1,.1990 through June 30, 1993. — �nEivru — MAIN/WALNUT/THIRD/OLIVE - CITY OF HUNTINGTON BEACH/ROBERT J. KOURY (420.60) - Approved Final Tract Map 14133, being all of Tentative Tract 14133, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Government Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the east 200 block of Main Street bounded by Main Street, Walnut Avenue, Third Street and Olive Avenue; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 2.985 acres; Lots: 1 lot for condominium purposes, Developer: City of Huntington Beach/Robert J. Koury. (City Council ENVIRONMENTAL BOARD APPOINTMENTS - APPROVED - CATHCART/ LL I (110.20) - Approved appointments of James A. Cathcart and Fred J. Gallucio to the Environmental Board with a term of four years to expire June 30, 1994 replacing Kay Seraphine and Corinne Welch. (City Council) INCREASE IN FEES FOR POLICE ROTATION TOWING - RESOLUTION NO. 6166..- ADOPTED ( 530.30) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' (SUPPLEMENTAL FEE RESOLUTION NO. 27)." (City Council) BENEFIT 'RESOLUTION - NON. -REPRESENTED EMPLOYEES - RESOLUTION. NO. 6168 - ADOPTED (720.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING BENEFITS FOR FISCAL YEAR 1990-1991 NON - ASSOCIATED EMPLOYEES." (City Council) CONSULTANT AGREEMENT - APPROVED - AUTOMATED WATER FACILITY MAPS - PSOMAS & ASSOCIATES . (600.10). - Approved the selection of Psomas and Associates to perform the updating of*,,,the Water Division Facility Record Maps and the furnishing of software for future updating by the Water Division and approved and authorized execution of Consultant Agreement between the City and Psomas and Associates to provide automated maps and mapping software for the Public Works Water Division for a fixed fee of $53,616. Page 11 - Council/Agency Minutes - 7/2/90 (City _Counci l_)BI_D__AWARD - __APPROVED_- TRAFI __ SIGNAL INTERCONNECT _ PROJECT - STEINY & COMPANY - CC-793 (600.55) - Accepted the low bid of Steiny and Company in the amount of $207,355 for the installation of traffic signal interconnect at the following locations: Bolsa Chica Street from Warner Avenue to Rancho Road, Edinger Avenue from Bolsa Chica Street to Newland Street, Adams Avenue from Coldwater Drive to Bushard Street, Goldenwest Street from Norma/Lydia Drive to McFadden Avenue, authorized execution of contract, and authorized the Director of Public Works to expend $20,735 for anticipated change orders, 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: Steiny and Company $207,355.00 Intersection Maintenance Service 229,105.00 Signal Maintenance, Inc. 235,270.00 (City Council) COUNCIL_ ON AGING - SENIOR KING & QUEEN PAGEANT DONATION - APPROVED - PURCHASE OF VAN (160.40) - Approved an appropriation of $6,521,38 from the donation account to Account No. HJ-ED-894-642-00 for use in purchas- ing a van for the senior's use. (The Council on Aging recently conducted the Second Annual Seniors King & Queen Pageant to raise funds for the purchase). (City Council) REAPPROPRIATION OF 89-90 WATER DIVISION CAPITAL - APPROVED (320.20) -,Approved the reappropriation of the items detailed in the following analysis section in.the budget for FY 1990/91: 1. From the General Fund Account IQ-PW-591-6-59-00, $54.000 for Vertical Punk Replacement at the Banning Flood Control Station. 2. From the Water Fund Account EW-PW-921-6-39-00, $250,000 for the Large Meter Improvement Program. 3. From the Water Fund Account EW-PW-921-6-39-00, $200.000 for Peck Reservoir Repairs. 4. From the Water Fund Account EW-PW-921-6-39-00, $35.000 for the 42" Joint Pipeline Relocation. 5. From the Water Fund Account EW-PW-921-3-90-00, $53.616 for Computer Drafting Services for Updating the Water Division Facility Record Mans• FINANCING PROGRAM - RESOLUTION NO, 6170 - ADOPTED (800.40) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO QUALIFY FOR THE 1990 ORANGE COUNTY ARTERIAL HIGHWAY PROGRAM." (Affirms city adherence to basic Program Policy) Page 12 - Council/Agency Minutes - 7/2/90 (City Council) FINAL PARCEL MAP NO 89-397 - APPROVED - ELIZABETH A SMITH - OLD PIRATE LANE - W/O GRAHAM STREET (420.70) - Approved Final Parcel Map No. 89-397,_. pursuant to the mandatory findings set forth by the.Planning Commission and instructed the City Clerk to affix her signature to the map and released the map to the county for processing. (City Council) FINAL PARCEL MAP NO 89-452 - APPROVED - ROMAN CATHOLIC BISHOP OF ORANGE = 321-IOTH STREET (420.70) - Approved Final Parcel Map No. 89-452 and accepted offer of dedication pursuant to the mandatory findings set forth by the Zoning Administrator and instructed the City Clerk to affix her signature to the map and released the map to the county for processing. (City Council) SELECTION OF LABOR RELATIONS NEGOTIATOR - APPROVED - BUFORD NICHOLS OF WILLIAM HAMILTON & ASSOC. (720.10) - Approved the selection of Buford Nichols, of William Hamilton and Associates as the City's Labor Relations Consultant for FY 90/91 and requested the City Attorney to prepare an appropriate agreement for subsequent approval by the City Council. Total cost of $25,500. (City Council) AGREEMENT - APPROVED - COUNTY OF ORANGE - ANIMAL CONTROL AND SHELTER SERVICES (600.25) - Approved and authorized execution of an Agreement between the City and County of Orange for animal control and shelter services for fiscal year 1990/91 for a total adjusted cost of $165,420. iV�. a�nr i%,L.a nau191- - nnnJrVR 1n 1 aVn Vr JCn1V1% IV VVRUKL%3K 1 C Mr -AL J1 1 tJ (600.10) - Approved and authorized execution of an agreement between the City and Orange County Consolidated Transportation Services for the provision of transportation services for elderly and handicapped persons. (City Council) RESOLUTION NO 6175 - ADOPTED - APPRAISAL STUDY - BLUFFS ALONG THE OCEAN SIDE OF PACIFIC COAST HIGHWAY NORTH OF GOLDENWEST STREET (520.35) The City Clerk presented a communication from the City Administrator pertain- ing to the stabilization of bluffs along Beach north of Goldenwest Street. The City Clerk presented Resolution No. 6175 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH. CALIFORNIA REQUESTING THE U. S. ARMY CORPS OF ENGINEERS TO PROCEED WITH AN INITIAL APPRAISAL STUDY FOR POTENTIAL PARTICIPATION IN A PROJECT TO PROTECT THE BLUFFS ALONG THE OCEAN SIDE OF PACIFIC COAST HIGHWAY NORTH OF GOLDENWEST STREET." A motion was made by MacAllister, seconded by Mays, to adopt Resolution No. 6175. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: ..None ABSENT: None [1 g. 137 Page 13 - Council/Agency Minutes - 7/2/90 City Council) TRACT NO. 11881 - ACCEPTANCE OF BONDS - SUBDIVISION AGREEMENT - DESTINY II - WARNER AVENUE BETWEEN SCEPTRE & EDGEWATER LANE - (FORMERLY FERYDOWN AHADPOUR) (108) The City Clerk presented a communication from the City Administrator pertain- ing to bonds, Tract No. 11881. A motion was made by Mays, seconded by MacAllister, to accept the bonds submitted by Destiny II on Tract No. 11881 - Labor and Materials Bond No. 1212803, Monument Bond No. 1212840, Faithful Performance Bond No. 1212803 (Amwest Surety Insurance Co.), to approve and authorize execution of the Subdivision Agreement between the City and Destiny II, authorize release of bonds submitted by Ferydown Ahadpour - Labor and Material Bond No. 1132569, Monument Bond No. 1132586, Faithful Performance Bond No. 1132569 and instruct the City Clerk to notify Ferydown Ahadpour and the City Treasurer to notify the bonding company of this action. The motion carried by the following roll call vote: AYES: MacAllister, Mays, Bannister, Silva, Erskine NOES: Winchell, Green ABSENT: None (Redevelopment Agency) CERTIFICATE OF COMPLETION FOR THE HUNTINGTON BAYSHORE PROJECT - MAIN -PIER REDEVELOPMENT PROJECT AREA - AGENCY RESOLUTION NO. 205 - ADOPTED The Clerk presented Resolution No. 205 for Agency adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING A CERTIFICATE OF COMPLETION FOR THE HUNTINGTON BAYSHORE CONDOMINIUM PROJECT." A motion was made by Mays, seconded by Erskine, to adopt Resolution No. 205. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None (City Council) WATERFRONT PROJECT FINANCING - AGREEMENT APPROVED - FINANCIAL ADVISOR - KELLING. NORTHCROSS & NOBRIGA INC - WAIVER OF PROFESSIONAL LIABILITY INSURANCE (600.10) The City Clerk presented a communication from the City Administrator pertain- ing to the Waterfront Project Financing, Financial Advisor. A motion was made by MacAllister, seconded by Erskine, to approve and authorize execution of Agreement between the City and Kelling, Northcross & Nobriga, Inc., for Financial Consultant Services for the Waterfront Develop- ment Project and approve waiver of the City's Professional Liability Insurance requirement for a cost not to exceed $28,000. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: Bannister ABSENT: None 5 Page 14 - Council/Agency Minutes - 7/2/90 (City Council) FINAL TRACT MAP NO. 13714 - APPROVED - BEING ALL OF IT NO 13714 - ACCEPTANCE OF BOND AND SUBDIVISION AGREEMENT - SOUTHWEST DIVERSIFIED/ COSCAN PARTNERS - N/O GARFIELD AVENUE - E/O EDWARDS STREET (420.60) The City Clerk presented a communication from the City Administrator pertain- ing to Final Tract Map 13714, being all of Tentative Tract No. 13714, and bonds and agreements for Tract 13714. Discussion was held regarding the park dedication. A motion was made by MacAllister, seconded by Silva, to approve the map pursuant to required findings set forth in Section 66458 and 66474 of the Government Code, approve and authorize execution of subdivision agreement, accept offer of dedication and improvements subject to completion of require- ments shown and instruct the City Clerk not to affix her signature to the map nor release to the County for processing until compliance with requirements as set forth in section 4(a) through 5(d) of the RCA dated 7/2/90. 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. 6176 - RECOVERY OF OIL SPILL COSTS AND SUBROGATION OF CLAIM - REMOVED FROM AGENDA AT REQUEST OF CITY ADMINISTRATOR The City Clerk presented a communication from the City Administrator regarding the recovery of oil spill costs and subrogation of claim. The City Clerk presented Resolution No. 6176 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE SUBROGATION DOCUMENTS PERTAINING TO THE RECOVERY OF RESPONSE COSTS ARISING OUT OF THE AMERICAN TRADER OIL SPILL." By request of the City Administrator the item pertaining to Resolution No. 6176 was removed from the agenda. (City Council) AGREEMENT APPROVED - OIL SPILL NEGOTIATOR - JAMES H. ACKERMAN - LEGAL SERVICES The City Clerk presented a communication from the City Attorney pertaining to the oil spill negotiator. A motion was made by MacAllister, seconded by Erskine, to approve and authorize execution of an agreement between the City and James H. Ackerman for legal services as oil spill negotiator at a fee not to exceed $50,000. AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: Bannister ABSENT: None 139 Page 15 - Council/Agency Minutes - 7/2/90 The City Clerk presented a communication from Robert Franz, Deputy City Administrator, requesting that Council adopt a resolution approving an Amendment to the Classification Plan. This Amendment is recommended as a result of a clerical study done by the Personnel Department. It proposes.to establish new job classifications and to allocate all incumbents in the previous classifications to the proposed new classifications. The Amendment also proposes changes to the salary plan and present salaries are proposed to be increased or decreased according to where the study has placed the incumbent. The City Clerk presented a communication from Robert Franz, Deputy City Administrator recommending Council adoption of Resolution No. 6172 approving a proposed Amendment to the Memorandum of Understanding between the City and the Huntington Beach Municipal Employees Association to reflect changes in the City's.Classification and Salary Plan which is proposed. The City Clerk presented Resolution No. 6171 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE AMENDMENT TO THE CLASSIFICATION PLAN OF THE CITY OF HUNTING - TON BEACH." The City Clerk presented Resolution No. 6172 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1990/91." The City Administrator stated that at the earlier adjourned meeting Council had discussed meeting in Closed Session regarding Amendment to the Classifica- tion and Salary Plan, it was not necessary if the memorandum distributed to the Council by the City Attorney was sufficient. The City Administrator stated that today the staff had altered the recommenda- tion based on the City Attorney's memorandum. He outlined the recommendation for. Council. The City Clerk stated that she believed that the recommendation of the City Attorney and Deputy City Administrator Franz as outlined in the memorandum is against the personnel rules and is illegal. In answer to Councilman Erskine's inquiry., the City Clerk. recommended that the personnel rules be followed, as she believed two in particular had been violated, that the Council rejectthe plan as presented, that the classifica- tion of Secretary Typist remain in the plan as allowed by the personnel rules, that there be no outside consultant to look at these positions as that is not allowed by the personnel rules. A motion was made by Green, seconded by MacAllister, to direct that Resolution No. 6171 be amended to delete the recommendation that the established classification of Secretary Typist be abolished; reject the proposed alloca- tion of the two Council approved Secretary' Typist classifications in the Office of the City Clerk to the classification proposed by the Personnel Division, pursuant to nonadherence to City Personnel Rule 12-5 and .12-9 together with the requirement set forth in Section 310(i) of the City Charter of the City of Huntington Beach. 140 Page 16 - Council/Agency Minutes - 7/2/90 The City Administrator stated that he would strongly oppose that kind of action. He explained the process and the concept of the classification study. He stated that there was a question that the study was done fairly and equitably but that was the intent. He stated that the City Clerk's positions should not be removed without consideration of the other proposed Y-rated positions. He stated that in reference to violation of city regulations, the definition is not extremely clear so as a consequence they are subject to interpretation and he stated he refers that to the City Attorney to make the determination either verbally or in writing. Councilman MacAllister stated that the motion should include all affected parties rather than just the two positions. Councilman Green agreed. Councilman Green made a motion to amend the main motion to direct that Resolution No. 6171- be amended to abolish the Y-rated classifications and to delete the recommendation that the established classifications of Secretary Typist and Construction Permit Aide be abolished, and to reject the proposed allocation of the two Council approved Secretary Typist classifications and the Construction Permit Aide to the classifications recommended by the Personnel Department. William Osness, Personnel Director, addressed the motion from the standpoint of the Personnel Department. The City Attorney stated her determination was that the city personnel rules were not being violated. In answer to Councilman Green's inquiry, the City Administrator stated he would respond specifically with explanation to every item in the City Clerk's letters of June 27 and 28, 1990. Councilman Green stated he would prefer to have the City Administrator review the matter instead of a neutral third party before it returns to Council in 30 days. Councilman MacAllister withdrew his second on the motion on the floor. Councilman Green withdrew the motion. A motion was made by MacAllister, seconded by Green, to move items 1 & 2 on the recommended modified actions of staff which is to' adopt Resolution Nos. 6171 and 6172 and to direct the balance of the concern of seven positions to the City Administrator to work out and return to Council in 30 days. Councilman Erskine requested the City Administrator to meet with the City Clerk individually and to clarify the City Clerk's interpretation of the personnel rules. Councilwoman Winchell requested clarification of the motion and asked if an omission had been made regarding the classification of construction permit aide. Mr. Franz stated that there was not an omission and that the classification of construction permit aide was being retained and not deleted. Page 17 - Council/Agency Minutes - 7/2/90 1 The City Administrator distributed a communication from Robert Franz to the Council dated July 2, 1990, pertaining to "Agenda Item F-1: Classification Plan and MOU"Amendment Clerical/Secretarial Classes" which included modified staff recommendations. The motion made by MacAllister, seconded by Green, to move items 1 & 2 on the recommended modified actions of staff to (1) adopt Resolution No. 6171 approving amendments to the City's Classification Plan as modified to retain the classification of Secretary Typist and Construction Permit Aide, (2) adopt Resolution No. 6172 approving the amendment to the Memorandum of Understanding (MOU) with the Municipal Employees Association (MEA) as modified to provide that the seven employees proposed to be Y-rated instead retain their current classifications of Secretary Typist (6., employees), and Construction Permit Aide (1 employee), in lieu of the procedure outlined in paragraph E of the amendment to the MOU, and to direct the balance of the concern of seven positions to the City Administrator to work out and return to Council in 30 days carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None w. The City Clerk/Clerk presented a communication from the Director of Housing `.`�;and Redevelopment transmitting an Owner Participation Agreement between the bra p6develo ment Agency and William Gallegos providing for the rehabilitation of .-*.,property located within the 'Demonstration Block' bounded, by Main and 5th Streets, Olive and Walnut Avenues. The, City Clerk presented Council Resolution No. 6169 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE REHABILITATION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND WILLIAM GALLEGOS." The Clerk presented Agency Resolution No. 204 for Council adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE REHABILITATION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND WILLIAM GALLEGOS." A motion was made by MacAllister, seconded by Green,to approve and authorize execution of an Owner Participation Agreement between the Redevelopment Agency of the City .of Huntington Beach and William Gallegos and adopt Council Resolution No. 6169 and Agency Resolution No. 204. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None Page 18 - Council/Agency Minutes - 7/2/90 (City Council) MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO 1990-1 - GOLDENWEST/ELLIS AREA - RES NOS 6173 6174 - ADOPTED - ORD NO 3050 - APPROVED INTRODUCTION (350.40) The City Clerk presented a communication from Deputy City Administrator, Robert Franz, transmitting resolutions regarding declaration of results of the special election, levying the special tax and authorization of the issuance of special tax bonds for Mello -Roos Community Facilities District No. 1990-1, (Goldenwest/Ellis area). The Finance Director presented a staff report. Andrew Hall, representing Jones, Hall, Hill & White, stated that there was a sufficient tax rate levy to order to pay for the bonds, in answer to Council- man MacAllister's inquiry. The City Clerk stated the results were as follows: the qualified land owners are eight, the votes cast are eight, the yes votes are eight, and that the canvass would be attached to the resolution of election. The City Clerk presented Resolution No. 6173 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING RESULTS OF'SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX AUTHORIZATION." - Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) The City Clerk presented Resolution No. 6174 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF HUNTINGTON BEACH FOR COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/AREA), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT, AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS." Community Facilities District No. 1990-1 (Goldenwest/Ellis Area) The City Clerk presented Ordinance No. 30SO for Council approval - "AN ORDINANCE OF THE CITY -OF HUNTINGTON BEACH LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST ELLIS AREA)." Community Facilities.District No. 1990-1 (Goldenwest/Ellis Area) A motion was made by MacAllister, seconded by Erskine, to adopt Resolution No. 6173 and Resolution No. 6174. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None A motion was made by MacAllister, seconded by Mays, to approve introduction of Ordinance No. '3050 after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES:_ None. ABSENT: None %,uric%-L-cu raye Approved 6-3-91 Page 19 - Council/Agency Minutes - 7/2/90 (City Council) APPOINTMENT OF DEPUTY CITY ADMINISTRATOR/ECONOMIC DEVELOPMENT - BARBARA KAISER - APPROVED The City Clerk presented a communication from the City Administrator regarding recommendation on appointment of a candidate for the position of Deputy City Administrator/Economic Development. A motion was made by Erskine, seconded by Mays, to approve the appointment of Barbara Kaiser for the position of Deputy City Administrator/Economic Development. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None -�. o(City Council) AUTHORIZATION OF CITY REOUEST FOR INCREASED GRANT FUNDS - METHANE GAS HAZARD ABATEMENT - APPROVED (520.40) The City Administrator presented a communication pertaining to the authorization of a city request for increased grant funds - Methane Gas Hazard Abatement. A motion was made by MacAllister, seconded by Mays, to approve the authorization of city request for increased grant funds - Methane Gas Hazard Abatement. The motion carried by the following roll call: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES! None ABSENT: None ORDINANCE NO 3047 - ADOPTED - RELATING TO COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS (810.20) The City Clerk presented Ordinance No. 3047 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING A NEW CHAPTER 5.40 RELATING TO COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS." A motion was made by Mays, seconded by MacAllister, to adopt, after reading by title, Ordinance No. 3047. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None ORDINANCE NO. 3049 - INTRODUCTION APPROVED - PERTAINIt,,C TO BUSINESSES SELLING HARMFUL MATTER (570.30) ' The City Clerk presented Ordinance No. 3049 for Councij:' approval - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 5.74 TO THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO'."�uSIkiSSES SELLING HARMFUL MATTER." �. 144 Page 20 - Council/Agency Minutes - 7/2/90 A motion was made by Mays, seconded by MacAllister, to approve introduction, after reading by title, Ordinance No. 3049. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None 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 litigation - Jones v Huntington Beach Driftwood v City of Huntington Beach - OCSCC 62 30 62 (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding pending litigation. (120.80) 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 Waterfront Disposition and Development Agreement Amendment with Mayer Corp. concerning the purchase/sale/exchange/lease of the property located at Waterfront Phase I & II, Pacific Coast Highway, Huntington Beach, California. (120.80) The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding pending litigation - Main -Pier Phase II. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 12 a.m. The meeting was reconvened at 12:45 a.m. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Mays adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 5:30 p.m., July 16, 1990, Room B-8, Civic Center. ATTEST: C:i ty ;.C1 erk./C1 rk i �=Ar i /` . W 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 145