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Home My WebLink About1990-09-04MINUTES CITY. COUNCIUREDEVELOPMENT AGENCY. Room B-B, Civic Center Huntington Beach, California Tuesday, September.4, 1990 'A tape 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, W:inchell, Green, Mays Bannister arrived 6.:08'.p.,m.,, Silva arrived 5:45 p.m. ABSENT: Erskine Mayor .Mays requested the City Clerk to show Councilman Erskine as an excused absence. Robert Fisher, Director of County Harbors,. Beaches, and. Parks Department, pre- sented an updated concept of Bolsa.Chica Linear Regional Park using a map., He stated that'.70.acres are.usable blufftop and 36:ac:res. are: setbacks wildlife hab.itats,.and bluff phase. The Community Development Director distributed a map to Council to show. the land dedication.and the owners.of .the land. The City Administrator -stated -there was a 'need to amend the Resol.ution to be based on the current°configuation. STUDY _SESSION -_ CODE _ AMENDMENT NO - _88-12 - NEGATIVE DECLARATION NO. 89-8 ` Councilman MacAllister questioned_ the practicality of the single4amily park- ing ordinance.. He stated the new requirements would. create a hardship for people who wished to remodel their homes. Howard Zelefsky, Planning Director, stated the phrase "excepting off-street parking standards" would :be. removed from. the Downtown Specific Plan,.Section 4.2 01 (1). 4' Page 2 - Council/Agency Minutes - 9/4/90 STUDY SESSION - DOWNTOWN MASTER PLAN FOR PARKING The City Administrator stated the item regarding the Downtown Master Plan for Parking would be deferred to September 17, 1990. CLOSED SESSION The City Administrator stated the Closed Session regarding Labor Relations Matters - Fire Association, would be held'at the end of the 7 p.m. meeting. (120.80) The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(b)().)....to confer with its attorney regarding pending litigation - Griffin Related Properties and Abdelmuti-Cloobeck v Rede- velopment Agency of the City of Huntington Beach. (120.80) RECESS - RECONVENE The Mayor called.a recess of Council at 6:30 p.m. The meeting was reconvened at 6:55 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., September 4, 1990, Council Chamber. Clerk of 'the Redeve pment Agency and City Clerk and ex-o.fficio Clerk. of the City Council of the City of Huntington Beach, California ATTEST: .City Clerk/Clerk 1. J Mayor/Chairman I MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Tuesday, September 4, 1990 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Pro Tempore Green, called the. .reguIar 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, Winchell, Green, Mays, Bannister, Silva ABSENT: Erskine Mayor Mays- requested the City Clerk to show Councilman Erskine as an excused absence. FLAG CEREMONY AND INVOCATION The Flag Ceremony was conducted by the Huntington Beach Search and Rescue Explorer Post 563, the official color guard for the City. Dave Perusse, Color Guard'Commander; and Officer J: B. Hume, Advisor; acted as officiators. Mike :,,Martin of Southern California Edison Company introduced the new Area Manager,,Mr.' Jerry Domi'.nguez.. PRESENTATION $25.000 CHECK PRESENTED BY HUNTINGTON BEACH ART CENTER FOUNDATION TO CITY OF HUNTINGTON BEACH. Dr. Gerald Chapman, Huntington Beach Art Center Foundation, presented a $25,000, check to, Mayor Mays from groups involved with the GTE Directories Summer Classics, 1990. in attendance were Bob Goodrich, Chair and members of the Huntington Beach Art Center Foundation; Don Jankowiak, GTE Directories; and Mary Harris, Huntington Central Park Equestrian Center and Jason Cordas, Maxwells. Dr. Chapman announced the second annual equestrian event would be August 7-11, 1991. Mayor Mays presented plagues of appreciation from the City to Bob Goodrich and members. of the Huntington Beach Art Center Foundation., Don Jankowiak,.Mary Harris, and Jason,Cordas. r,, Page 2 - Regular Council/Agency Minutes - 9/4/90 The Mayor announced that this was the day and hour set for an open public hearing continued from August 6, 1990 to consider the following: APPLICATION NUMBER: .Code Amendment No. 88-12/ Negative Declaration No. 89-8 APPLICANT: City of Huntington Beach LOCATION:, City-wide ZONE: A11 Districts REQUEST: To repeal Article 960, amend the Huntington Beach Ordinance Code by adding.new Article 960, amend other Sections of the Huntington Beach Ordinance Code pertaining to.parking, landscaping, and. loading provisions, and to amend the Downtown Specific Plan. General Provisions related to parking and landscaping. ENVIRONMENTAL STATUS: Covered by Negative Declaration No. 89-8 COASTAL STATUS: Following City Council approval, Code Amendment No. 88-12 will be forwarded to .the California Coastal Commission for approval and incorporation into the City's Local Coastal Program: Implementing Ordinances. The. City Clerk presented Ordinance No. 3054 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING` ARTICLE 960 THEREOF, AND ADDING THERETO NEW ARTICLE 960 ENTITLED OFF-STREET PARKING. LOADING. AND LANDSCAPING." The City Clerk presented. Ordinance No. 3055 for Council approval - "AN ORDINANCE OF THE .CITY :OF.. HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE.ARTICLE 911.ENTITLED LOW-DENSITY.RESIDENTIAL DISTRICTS'." The City .Clerk presented Ordinance No. 3056 for. Council approval - "AN. ORDINANCE OF THE CITY OF HUNTINGTON BEACH. AMENDING THE HUNTINGTON BEACH ORDINANCE CODE AmcLE:. 912."ENTITLED MEDIUM TO HIGH DENSITY RESIDENTIAL DISTjiI"CTS The City Clerk presented Ordinance No. 3057 for Council approval - "AN ORDINANCE OF THE CITY, OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 937 ENTITLED NORTH HUNTINGTON CENTER SPECIFIC PLAN." The .,City Clerk presented Ordinance No. 3058 'for Council approval - "AN ORDINANMI OF THE. CITY OF ,HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE -CODE ARTICLE 913 ENTITLED OLDTOWN.AND TOWNLOT DISTRICTS." The City Clerk presented -Ordinance No. 3059 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 914 ENTITLED MOBILEHOMES." The City, Clerk presented Ordinance No. 3060 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE.CODE AFL ENTITLED'PEANNED RESIDENTIAL DEVELOPMENTS." Page 3 - Regular Council/Agency Minutes - 9/4/90 The City Clerk presented Ordinance No, 3061 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 911 ENTITLED SENIOR RESIDENTIAL SUFFIX." The City .Clerk presented Ordinance .No. 3062 for Council approval - "AN ORDINANCE OF THE CITY 'OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 920 ENTITLED OFFICE PROFESSIONAL DISTRICTS." The City Clerk presented Ordinance No. 3063 for Council approval - "AN ORDINANCE OF THE. CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 922 ENTITLED COMMERCIAL DISTRICT STANDARDS." The City Clerk presented Ordinance No. 3064 for Council approval - "AN ORDINANCE .OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE .CODE ARTICLE 924'ENTITLED VISITOR SERVING COMMERCIAL DISTRICTS." The City Clerk presented Ordinance No. 3065 for Council approval - "AN ORDINANCE OF, THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 936.5 ENTITLED RESIDENTIAL CONDOMINIUM CONVERSION." The City Clerk -presented. Ordinance No. 3066 for Council approval - "AN ORDINANCE OF THE ,CITY OF:!HUNTINGTON. BEACH. AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 541 ENTITLED'LIMITED USE AND RECREATIONAL OPEN SPACE •DISTRICTS. The City Clerk presented Ordinance No, 3067 for Council approval - "AN ORDINANCE OF THE, CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 951 ENTITLED INDUSTRIAL DISTRICTS. The City Clerk presented Ordinance No. 3068, for. Council approval "AN ORDINANCE ,OF THE ;CITY OF HUNTINGTON BEACH AMENDING THE, HUNTINGTON BEACH ORDINANCE CODE`ARTICLE'953 ENTITLED *-J.DISTRICTS." The City Clerk presented Ordinance- No. 3069, for. Council approval - "AN ORDINANCE OF THE, CITY OF .HUNTINGTON BEACH AMENDING THE 'HUNTINGTON BEACH i ORDINANCE CODE ARTICLE 955 ENTITLED-A-2 DISTRICTS.." The City. Clerk presented Ordinance No. 3WO for Council approval - "AN ORDINANCE, OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE,CODE ARTICLE 964 ENTITLED PACIFICA COMMUNITY PLAN." The City Clerk presented Ordinance No. 3071 for .Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON. BEACH DOWNTOWN SPECIFIC PLAN CONCERNING'PARKING AND LANOtCAPING REOUIREMENTS." . The Community Development•Dirktor presented.a staff report. Howard Zelefsky, Planning Director, reviewed the major changes to the parking and landscaping ordinance.. He stated that on Page'4 'of Article 960'. Section 9601.6 (b) '.'Directot.of Community Development" should be .deleted and replaced by ":licensed traffic _engineer". The Mayor declared the hearing open. There being,no one present to speak on the matter and there being no protests filed, either oral or'written the hearing was closed by the Mayor. Discussion was.hel.d.,between Council and staff regarding RI parking. Page 4 - Regular-Council/Agency Minutes - 9/4/90 A motion by MacAllister, seconded by Silva, to request a straw vote on resi- dential parking to modify the proposed change listed to indicate whether it be 4 .or 5, . that you be abl a to use. off si to parki ng i f there i s al 1 ey entrances.„ and , that a maximum on the ,on 5 bedrooms or bigger would be 2 enclosed and 3 off-s.ite parking unless i't could be mitigated off -site. Following. discussion, Councilmembers MacAllister and.Silva withdrew the motion. The Community Development .Director stated that in. the Downtown Specific Plan, Sect.i.on `4.2.01 (1) the phrase; "_axes i nng off --street ap rki ng standards" would be deleted. A' motion was made by Mays, seconded by MacAllister to continue closed the public hearing on .the Parking, Landscaping, and Loading Provisions of the Huntington Beach Ordinance Code and Downtown Specific Plan, Ordinance No. 3054 through Ordinance No: 3071 to Sep'tember.l7, 1990 for staff to examine the new Section_9602.3. . The motion carried by the following roll call vote: AYES: MacAllister, Winchell,. Green, Mays, Silva NOES: Bannister; ABSENT: .,Erskine (Green -:out of the room) (City Council) PUBLIC HEARING REVISIONS TO THE CITY'S COMPREHENSIVE FEE SCHEDULE CONTINUED TO 9/17/90 (340.20) The Mayor announced that this.was the day and hour set for an open public hearing. for the purpose of reconsidering revisions. to certain fees, fines and permits contained, or proposed to be contained within the City's Comprehensive Fee Schedule which were adopted August 6, 1990-All citizens are invited to attend and, provide the City Council with written and oral comments. and ask questions concerning proposed. revisions to the:City's fee schedules. The City policy on fees is to cover the costs related to the activity for which a fee is charged. A staff review has been conducted during the budgetary process for FY.1.990/91. The types of fees and permits under recon- . sideration include selected.fees for the various planning and zoning matters. A motion was made by MacAllister, seconded by Mays, to continue the public hearing on the. Revisions to the City's Comprehensive Fee Schedule and to readvertise the hearing,for .September 17, 1990. The motion. carri'ed by the following roll call. vote: AYES: MacAllister,. Winchel:l, Green, Mays.► Bannister, Silva NOES: None ABSENT: Erskine PUBD John Paul Hegedus. spoke regarding the .noise and pollution of leaf blowers. He stated he believed the city should have an ordinance covering leaf blowers and an environmental impact 'report should be performed. George Arnold spoke in opposition to the items regarding the Extension of the Negotiation Agreement with Coastline Investment Group and the proposed Holly-Seacliff Development Agreement. NO Page 5 Regular ,Counci 1 /Agency,:Mi.nutes..- 9/4/90 Bit T Holman stated 'be would be, present_ to answer any questions Council may, have regarding 'the agenda, item on, -.the `proposed Holly-Seacliff Development Agreement. CONSENT CALENDAR = CI -EMS REMOVED) :The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (MacAllister) Rogers Seniors Center; (Wi.nchell) Acceptance of Quitclaim Deed 'from Southern Pacific Trans- portation Company for the P;ierside Property. CONSENT CALENDAR_- (ITEMS APPROVED On motion by Mays, .second MacAllister, Council approved the following items, as recommended,.by the following rol.,l call vote: AYES: MacAl l i ster, Wi nc,h.e.l I , .Green, Mays, Bannister, Silva NOES: None ABSENT: ;`Erski ne' (City Council/Redevelopment Agency) MINUTES - APPROVED Approved and adopted minutes .of Council/Agency adjourned regular meetings of July 23, 1990 and August 10,_ 1990'as written .and on file in the Office of the City Clerk. The adjourned regular.and regular August. 6, 1990 Council/Agency minutes were approved..and adopted.by the. ollowing roll call vote:. AYES: Winchell, Mays., Bannister, Silva NOES;: None ABSTAIN:.: MacAll.i'ster,.Green.' ABSENfi:. 'Erski ne' (City Council) VACATION OF PORTION OF OLD BUSHARD STREET - RESOLUTION OF INTENT NO. 6209 = ADOPTED - PUBLIC HEARING SCHEDULED FOR 10/1/90 - APPROVED (800.50.) "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF. HUNTINGTON BEACH . OF':.INTENTION TO.VACATE AN:EASEMENT FOR PUBLIC.STREET PURPOSES OVER A. PORTION OF BUSHARD STREET WEST OF BROOKHURST STREET.° rvrtvnRawa t.ii.r vnnw, uwaun rvR nrnt-in inwrr_nnMLL EnviRvn- MENTAL 'SERVICES. = APPROVED (600.95) = Accepted the quotations submitted and approved the division of the work. phases by, the following: Authorized the fs.suance_',of an.' annual purchase order, for. site assessments to Design for Health, Incorporated on :a .time and material basis, backed up by individual purchase orders for each separate. structure,.parcel ,:or group of structures; authorized the issuance of an annual purchase order for site mitigations to Penhal1 Environmental` Services on a .time and material . basis, backed up by Individual: purchase,. orders .for. each'separate structure, parcel or group L of structures. .(City Council./Redevelopment Aaencv) DISPOSAL OF HAZARDOUS WASTE MATERIALS - (600.95) - Accepted the quotations submitted and authorized the issuance of an annual 'purchase order,to Containerized Chemical. Disposal for the disposal of hazardous wastes from City -.wide areas 'on.a time and material basis. Page 6 — .Regular Council/Agency Minutes — 9/4/90 tk7 i-ounu 1 i J alA1 Lm 1 n 1 uin sa mluni 1 1 ULY LL.Vr19Ln I ULV%,r, Vnnn 1 UUUVG 1 - APPROVAL OF CONTRACT WITH SUBGRANTEE AGENCIES - APPROVED (340.70) Approved. and authorized execution of individual contracts between the City and. the following subgrantee agencies: 1. Boys and Girls Club of Huntington Valley $ 7,500 .2. Casa Youth Shelter 3,000 3. Center for Creative Alternatives 5,000 4.. Copes 2,500 5. Dayle McIntosh Center 3,000 6. Episcopal Service Alliance 7,850 Feedback - Project TLC 17,700 .7. & Girls and Boys Club`of H.B./F.V. 7,500 9. Hotline Southern California 5,000 10.. Huntington Beach Community Clinic 30,000 11. Huntington Valley Adult Day Care 7,500. .12. Huntington Youth Shelter 14,500 13: Interval House 8,000 14. Legal Aid Society 27,000 15. Orange Coast Interfaith 51000 16. O.C.Consolidated Transportation Service Agency 11,000 17. Project Self -Sufficiency 2,500 18. Salvation Army 4,000 19. Shelter for the Homeless 20.-000 . Total $188,550 Waived all insurance requirements as specified in Resolution No. 6093,`Section'l (B1 & 3). nnU rn�.lf 1\. wnJi WnrVnnl LVn - nrrny—M - fIV•n 1 in%atvn �rLl•J �� na.va.•La.v1 r11.n PROJECT AREA (600.30) Approved and authorized execution of a Negotiation Agreement between the Redevelopment Agency of the City of Huntington Beach and the Pacific Coast Corporation: for the development of a parcel of land with an area. of approximately 2°;;8 acres .withi-6 the Huntington Beach, Redevelopment Project Area. (City Council) AGREEMENT - APPROVED - MAINTENANCE AND SALE OF VEHICLES SEIZED PURSUANT TO THE ASSET FORFEITURE PROGRAM — ROGER ERNST & ASSOCIATES (600.10) Approved and authorized execution of an Agreement between the City. of Huntington Beach and .Roger Ernst dba Roger Ernst & Associates to handle the maintenance and sale of..;'vehi.cIes seized pursuant to the Asset Forfeiture Program. LV W_ LW&:Ai6J 6llll..411"NEW illal'/�.d ll 10.1 VA �11 � kl�l.�•u � •� Approved and authorized-_ execution of Supplemental Agreement No. 1 to Negotiat- ing Agreement between the Redevelopment Agency and Coastline Investment Group to extend the negotiating period for an additional ninety days. (214 Fifth Street - former Terry Buick'Auto Body Shop) 1 23 f' Page 7 - Regular'Council/Agency Minutes - 9/4/90 (City Council) SUPPLEMENTAL AGREEMENT NO 6 - APPROVED - HARBOR WATERWAY MAINTENANCE - G. M. BOSTON CO. (600.10) - Approved and authorized execution of Supplemental. Agreement lNo. 6 to the Huntington Harbor Maintenance Agreement between 'the City of Huntington. Beach and G. M. Boston Company for a total cost of $42,000 with a to m to expire August 31, 1991. I n c rVDLA%, Ln9r1_V 1 LLJ nG 11R PILR 1 J 1 J 1 CPI nGJVLV 1 A%M nv vc 1 V nwr 1 LY (100.50.) - "A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH `AUTHORIZING THE RISK MANAGER TO SUBMIT APPLICATIONS FOR DISABILITY RETIREMENT TO THE PUBLIC, EMPLOYEES: RETIREMENT SYSTEM BOARD." (City Council) ALTERNATE COMMUTE PLAN - APPROVED (700.20) - Approved the City's Alternate Commute Plan for implementing' Regulation XV at the. following City facilities:.. Civic Center,,.Water Yard, Corporation Yard and Park, Tree and.Landscape Yard. VARIOUS REDEVELOPMENT AREAS APPROVED _GREENLEAF DING- INC. (600.95) - Accepted the quotations submitted and authorized the issuance of an annual purchase order to Greenleaf Grading, Incorporated, for the demolition of vari- ous structures within the various redevelopment areas on.a time and material basis, backed up by individual purchase orders for each separate structure, parcel or:group of structures. -.%,I Lx %.VUII%, I I / %3f%^R I VI" LI\JLPILR 1 — nrrnVlLLU JI J nnnnLR — LI V vr%m LnnL — nI J GOTHARD - S/0 TALBERT (650.80) - Approved and, authorized execution of two Corporation Easement Deeds granting easement for street and.public utility purposes from the City of Huntington Beach to the City of Huntington Beach to p.rovi'de for widening of arterial highways in.the near .future and instructed the City Clerk tosubmit both' deeds to. the County Recorders Office for recordation. J {.f��iVLJ Y{.I�LLn 1�{.YL♦i LVI "Rn1 I�17 L17Vn/7Y I�LYI�a 1\L. I11\Y JIILn1�i LL I�r.6 nV�L1.I MAIM -PIER REDEVELOPMENT PROJECT AREA (600.30) - Approved and authorized the Chairman and Clerk to execute Suppaemental Agreement No: 1. between Redwine & Sherrill. (Justin M. McCarthy and Associates) and the Redevelopment Agency for legal services in an amount not. to exceed $50.000, which will make our account current and allow for future anticipated legal services not -to -exceed $15,000 and appropriate $50,000.to th,e Main -Pier Project Area.Legal Services Account. (City Council) _,SELTLEMENT Of SHELL OIL PRODUCTION.FEE APPROVED (630.40) - Accepted the settlement in the. amount of $104,602.76 plus the underpayment of $2.81,052.9.6 for a"total of $385,655.72 from Shell Oil Company as a result of a dispute between the City and .Shell L Oil Company .regarding the legal boundaries of. the Ci ty and the; ri ght of, the .City to collect of 1 production fees on the offshore platform. Page 8 - Regular Council/Agency-Minutes - 9/4/90 rr; 4-w rminri > > orr_GQc ccwTnRc' rrNTFQ - nFCTr.N RIM n rM_ IMFNTS - TO RETURN TO COUNCIL 9/17/.90 (225.20) The: City Clerk presented a communication from the City Administrator recommending Rodgers ._Seniors' Center.: Council approval of the Design Build documents fora free standing addition to the Rodgers Seniors' Center. Counci-lman. MacAllister requested clarification on contracts which. have to do with city land between. the present time and the November election at which time the citizens' proposed Charter Amendment will appear. The City Attorney gave reasons.why, passage of the citizens' proposed Charter Amendment would not interrupt the contract. Jim Engle, Acting Community Services Director, reported that the proposed Senior Center is an extension of the Center, but it is a separate building and it is 2600 square feet in size. He stated the value is projected to be $150,000 total. The City Attorney stated her opinion should be deferred because the facts were not known to her. She stated she. would evaluate them in the light of the proposed charter amendments. Councilmember Winchell requested the City.Attorney to include in her opinion when a city has a contract whether or not a legal binding agreement between two parties could be'overturned. A motion was made by Winchell, seconded by Green, to approve the Design -Build documents for a free. standing addition to the Rogers Seniors Center; author- ized the Director of Public Works to solicit. bids and approved the contract subject to award .of contract, to Council approved lowest responsible bidder. The mo.t.ion FAILED by.the followIng.roll call vote: ._ AYES: WinchelY, Green, Mays NOES: MacAllister,..Bannister, Silva ABSENT: Erskine Following discussion. regarding voting procedure, Mayor Mays stated the item regarding the proposed Seniors Center would. return to Council September 17, 1990. He requested the City Attorney's opinion to be. presented at that time. (City Council) ACCEPTANCE OF QUITCLAIM DEED FROM SOUTHERN PACIFIC' TRANSPOR TATION COMPANY FOR THE PIERSIDE PROPERTY - APPROVED (650.85) The City Clerk presented a communication from the City .Attorney regarding the Acceptance of Quitclaim Deed from Southern Pacific Transportation Company to Piers_tde. A motion was made by Mays, seconded by MacAllister, to accept the.corporation quitclaim deed from the Southern Pacific Transportation Company for the Pier - side property and authorize the City Clerk to record the deed with the County Recorder. The motion .carried.by the.following roll call vote: AYES: MacAllister, Green, Mays, Bannister, Silva .NOES: None 'ABSTAIN: Winchell ABSENT: Erskine Page '9 - Regular.Council/Agency Minutes - 9/4/90 The City Clerk presented a communication from the Director of Community Development transmitting an outline of the issues being negotiated as part of the. Development Agreement between the City and Pacific Coast Homes for the Holly-Seacliff area. The City Attorney reported on the subject. The City Administrator reported on the recommended action for the proposed Holly-Seacliff Development Agreement. The Community Development Director presented a staff report on the conceptual terms.of the Development Agreement and presented viewgraphs. Considerable discussion was :held between staff and Council regarding some of the terms being negotiated. Councilman Bannister presented questions regarding the Quimby Act as it pertained to land dedication or in -lieu fees. Bill Holman, Pacific Coast Homes, reported on the terms being negotiated. He stated that all oil encumbrances on the land within the boundaries of Linear Park would be cleaned up.' and the land would be dedicated to the city within a two-year period of time.. . He stated that public service requirements would be identified and funded to enable that facility to be in place. A motion was made by MacAllister, seconded by Silva, to continue negotiations with ,Pacific Coast tHomes.for the. purpose of drafting a Development Agreement between the City: and 'Pacific Coast Homes -for the Holly-Seacliff Area and direct'...s.taff :to :se:t. a public � hearing before ,the Planning Commission on i September"18, 1:990:' The motion carried by the following roll call vote: AYES: MacAllister, Wthche.11,:Green, Mays, Bannister, Silva NOES: None ABSENT: Erskine. (440.30) The City Clerk presented a communication from the Director of Community Development transmitting .for Council consideration the Master Plan for Parking,. in the Downtown'Commerclal Core Area. A motion was made by Mays, seconded by MacAllister,. to continue the Downtown Master Plan for Parking as the guide for existing, rehabilitated and new com- mercial development, in the downtown area., to the meeting of September 17, 1990. The motion carried by the following roll call vote: AYES: MacAllister,.Winchell, Green, Mays., Bannister, Silva NOES: None ABSENT: Erskine Page 10 - Regular.Council/Agency Minutes - 9/4/90 (City Council) ESTABLISHMENT OF NEW LIBRARY DEPARTMENT - APPROVED - APPOINT- M_ENT OF DEPARTMENT HEAD - APPROVED - INTRODUCTION OF ORDINANCE NOS, 3075/3076/ 3077 - APPROVED (950.10) The City Clerk presented a communication from the City Administrator recom- mending establishment of .the Library as a new department and recommending appointment of a -Department Head. The City Clerk presented Ordinance No. 3075 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.30 OF THE HUNTINGTON BEACH MUNICIPAL CODE ENTITLED COMMUNITY SERVICES DEPARTMENT." The City Clerk presented Ordinance No. 3076 for Council approval - "AN ORDINANCE OF THE, CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.84 OF THE HUNTINGTON BEACH MUNICIPAL CODE ENTITLED PUBLIC LIBRARY --GENERAL PROVISIONS." The City Clerk presented Ordinance No. 3077 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON. BEACH AMENDING THE HUNTINGTON. BEACH MUNICIPAL CODE BY ADDING CHAPTER 2.86 ENTITLED LIBRARY SERVICES DEPARTMENT." The City Administrator presented a staff report... A motion was made by MacAllister, seconded by Green, to: 1. Approve the appointment, of the incumbent Library Director, Ron Hayden, as department head for the Library Department. 2. Concur with the City Administrator's decision to establish the Library Department as a separate department. 3.. After reading by title,. approve introduction of Ordinances Nos.. 3075, 3076, and 3077. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister NOES: None ABSENT:. Erskine .(Si1va out ,of the room) VRU1nnn%oG ITV Ju/.J — 1 nALGY — V LATER IN THE MEETING) (440.60) The. City Clerk presented Ordinance No. 3073 Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM OFFICE PROFESSIONAL TO MEDIUM HIGH DENSITY RESIDENTIAL, PLANNED DEVELOPMENT ON REAL PROPERTY GENERALLY LOCATED ON 1.24 ACRES AT THE SOUTHWEST CORNER OF THE INTERSECTION OF WARNER AVENUE AND LESLIE LANE, AND FROM QUALIFIED HIGHWAY COMMERCIAL TO MEDIUM HIGH DENSITY RESIDENTIAL, PLANNED DEVELOPMENT ON REAL PROPERTY GENERALLY LOCATED ON 1.36 ACRES AT THE SOUTHEAST CORNER OF THE INTERSECTION; OF WARNER AVENUE AND LESLIE LANE (ZONE CHANGE NO. . 89-5Y. 27 1 Page. 11 - Regular Council/Agency Minutes. - 9/4/90 A motion was made by Mays, seconded by MacAllister, to adopt Ordinance No. 3073, after reading by , t.i tl e. The motion FAILED by the fallowing roll call vote: AYES: MacAllister., Mays, Bannister _NOES: Winchell Green ABSENT: Erskine (Silva - out of the room) (Page 11 - Motion reconsidered and Ordinance No. 3073.adopted.) . r. u.vrn ur.��r ■r�i+nr Q K� VINANU RV 19MR M. .M - 80LO 1A QL% tvn 21 / 1 l 11 - RGPNYGJ nwuu_ 116"J" I REGULATION (420.20). The City. Clerk presented Ordinance No. 3074E for Council adoption - "AN ORDINANCE. OF THE CITY OF HUNTINGTON .BEACH AMENDING SECTION 97710) OF THE ,HUNTINGTON BEACH ORDINANCE_ CODE:° (Removes regulations pertaining to hedge height wi::thin all'yard area.) A motion was made by MacAllister, seconded by. Mays, to adopt Ordinance No. 3074B, after reading by title. The. motion carried by the following roll call vote AYES: MacAllister, Winchell, Green,Mays, Bannister, Silva NOES: None ABSENT: Erskine, ORDINANCE NO 3073 - RECONSIDERED AND ADOPTED - ZONE CHANGE NO 89-5 (44060) The City Clerk presented. Ordinance No.. 3073 Council adoption - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING .THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING' SECTION 9061 :THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM OFFICE PROFESSIONAL TO MEDIUM HIGH DENSITY RESIDENTIAL, PLANNED DEVELOPMENT ON REALPROPERTY GENERALLY LOCATED ,ON 1.24 ACRES AT THE SOUTHWEST CORNER OF THE INTERSECTION OF. WARNER AVENUE AND LESLIE LANE, AND FROM QUALIFIED HIGHWAY COM- MERCIAL TO MEDIUMHIGHDENSITY RESIDENTIAL, PLANNED DEVELOPMENT ON REAL PRO- PERTY GENERALLY..LOCATED ON '1.36 'ACRES AT THE SOUTHEAST CORNER OF, THE INTER- SECTION OF WARNER'AVENUE AND LESLIE LANE (ZONE CHANGE NO. 89-5). .,A motion was made :by Bannister, seconded by MacAllister, to reconsider Ordinance No. 307.1. The motion carried by the following roll..call vote: AYES: MacAllister, Mays, Bannister, Silva NOES: Winchell-, Green ABSENT: Erskine Discussion was held regarding voting procedure: A .motion was Imade by'`Maysjseconded by Bannister, :to adopt Ordinance No. 3073, after, reading. by title,.,.. The motion carried by the following roll call vote: AYES: MacAllister, Mays., Bannister, Silva NOES:., Winchell:,.Green ABSENT: Erskine Page 12 - R,egu.lar Council/Agency Minutes - 9/4/90 .MacALLISTER REMESTS'LITY ADMINISTRATOR TO CONSIDER FOOT PATROL - MAIN STREET .Councilman.. MacAllister requested .the City Administrator to investigate and report on the need for a foot patrol. on Main Street. . He stated shoo ,owners had complained to him about various summer problems including skateboarding. POINT OF ORDER GIVEN .BY CITY ATTORNEY The City Attorney, responding to Councilwoman Winchell's question earlier in the. meeting, stated that according to the Robert's Rules, Section 44, a member ...has the right to change his vote up to the time the result is announced. CITY'ATTORNEY RESTATED REQUESTED LEGAL OPINION In answer to the City.Attorney, Councilmember Winchell verified the following requested information: Whena city has entered into an otherwise valid, legally ,enforceable contract 'affecting the development of park or beach land, what would be the legal affect on that contract If the "Save Our Park" Charter Amendment would be approved at the November 6 General Municipal Election? DISCUSSION HELD RE: IMPROPER USE OF LEAF.BLONERS Councilman Bannister .questioned the use of leaf blowers due to the amount of dust'.put,into the air and the..noise pollution caused. CLOSED SESSION The 'Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957-.6 to, meet with its designated representatives regarding Labor Relations matters - Fire Association - Meet and Confer. (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. - Griffin Related Properties and Abdelmuti-Cloobeck v Redevelopment Agency of the City of Huntington Beach,- (120.80). RECESS - RECONVENE The Mayor called a 'recess of V at. 9:10.p.m. The -meeting was reconvened at 10:30 p.m. ADJOURNMENT-.'000NCIU 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., September.17, 1990, Room.B4; Civic. Center. 77 Clerk of .the Redevelopment Agency and. City Clerk and ex-officio Clerk of the City Council of the City of ATT Huntingt Beach, California T: ,. M . . City Clerk/Clerk Mayor/Chairman 2