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HomeMy WebLinkAbout1991-04-151 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, April 15, 1991 A tape recording of this meeting is on file in the City Cleric's Office. Mayor Green 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. CITY COUNCIL/REDEVELOPMENT AGENCY R LL CALL PRESENT: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson ABSENT: None QY SESSION - MSI REPORT (COMPREHENSIVE FEE STUDY - REPORT TO BE PRESENTED A schedule of the Cost Study Project for MSI had been distributed. Doug Ayers, representing Management Services Institute, reported on the philosophy and basic premises of the Comprehensive Fee Study. He stated the final report would be available August 5, 1991. The City Administrator stated a financial report would be presented to Council before the final report. y) UQWQbAN HtLU Kt_ tULIA RESOLUTION NO.., 6266 (120.10) Discussion was held between Council and staff regarding which groups would be able to use the meeting rooms. The City Administrator stated the only limita- tion was on meetings held in the Council Chamber. To address flexibility, the City Administration stated there could be a state- ment in the resolution that an appeal to the Council may be appropriate. (800.60) An inter -department communication from the Public Works Director and the Fire Chief dated April 15, 1991 regarding Revised Alternatives to Installing Temporary Barricades was distributed. 139 Page 2 - Council/Agency Minutes - 4/15/91 The City Administrator stated the communication contained three alternatives for the City Council's consideration. The Fire Chief stated that the staff recommendation was No. 3, to direct staff to further analyze the public safety and policy impacts of the proposed street closure and provide a consolidated report to Council within sixty (60) days. Discussion was held regarding expediency of the item. FIRST AMENDED PIERSI,DE LEASE BETWEEN AGENCY AND STANLEY M. BLOOM FOR PIERSIDE RESTAURANTS PROJECT — MAIN —PIER REDEVELOPMENT PROJECI A EA (600.30) In answer to Councilmember Moulton-Patterson's inquiry, the City Administrator stated the difference between the three different tentative action plans to implement Pierside restaurants designated at A, B, and C would be explained April 22, 1991. Councilmember Winchell requested the exhibit explaining the action plans would be in columnar form. The City Administrator stated the only action required at the 7 p.m. meeting would be to express whether or not an additional legal opinion was needed. (City Council) DISCUSSION HELD RE: EMERGENCY ORDINANCE N . 30- REGULATE USE OF VEHICLES AND SKATEBOARD (640.10) Councilman Kelly distributed a copy of the Emergency Ordinance No. 3099. He stated that adopting the alternative emergency ordinance would enable it to become effective immediately. He stated it would require five votes. The City Attorney stated the Emergency Ordinance No. 3099 is the same as the prepared ordinance in the packet except for the time factor. Discussion was held between Council and staff regarding application of the skateboard ordinance to the city school district. The City Administrator stated he believed the ordinance would be a sufficient tool. He stated Jim Austin would give a slide presentation at the 7 p.m. meeting. CLOSED SES 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 - Meet & Confer. (120.80) The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regard- ing negotiations with Coultrup Development Corporation concerning Purchase/ Sale/Exchange/Lease of the property located between Main Street, Pacific Coast Highway, and Fifth Street and Walnut Street, Main -Pier Phase II. (120.80) 1 140 Page 3 - Council/Agency Minutes - 4115/91 1 The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regard- ing negotiations with Stan Bloom concerning Purchase/Sale/Exchange/Lease of the property located at Pacific Coast Highway south of the Pier - Pierside Restaurants. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.8(a) to confer with its attorney regarding pending litiga- tion - City v Southern California Gas Company -- OCSCC 60-79-84. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 6:30 p.m. The meeting reconvened at 6:55 p.m. ADJOURNMENT - COUNO UR£DEVELOPMENT AGENCY Mayor Green adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 7 p.m., Monday, April 15, 1991, Council Chamber. ATTEST: r City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ayo Chairman 14.E 1 LI L I MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, April 15, 1991 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Green 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, Winchell, Moulton -Patterson ABSENT: None FLAG CEREMONY AND INMTION Silva, Green, Kelly, Robitaille, The Flag Ceremony and invocation was conducted by Brownie Troop No. 1817 from Hawes Elementary School - Leader Rusty Hobart. PRESENTATION - ARBOR DAY - APRIL 23 - TREE PLANTED AT CIVIC CENTER IN HONOR OF OPERATION DESERT STORM Mayor Green stated that the City would celebrate Arbor Day on April 23 by. planting a 48" boxed Live Coastal Oak tree adjacent to the Civic Center in honor of all those courageous men and women who served in Operation Desert Storm. There to accept the presentation in recognition of National Arbor Day was Elaine Craft. She read a poem she had written for Arbor Day 1990. PROCLAMATION - AIDS WALK. ORANGE COUNTY WEEK - JUNE 3-9, 1991 Mayor Green presented a proclamation designating June 3-9, 1991 as Aids Walk, Orange County Week to Carole Elliott from the Executive Board of Aids Walk. She extended an invitation to the 5th annual aids walk to be held at 9 a.m. , June 9, at Mason Park in Irvine. She urged Council to become a corporate sponsor and also to form a city walking team including children and pets. 142 Page 2 - Council/Agency Minutes - 4/15/91 PRESENTATION - $27 000 QHEQK PRESENTED BY HUNTINGTON BEACH ART CENTER FOR ART CENTER RENOVATION Mayor Peter Green, Robert Goodrich, Chair of Huntington Beach Art Center Foundation and Elaine Keeley, Chair of the Allied Arts Boards accepted the check of $27,000 in $1,000 donations for the renovation of the Art Center (this amount is in addition to the $54,000 previously presented) on behalf of the city from the Founders Committee of the Huntington Beach Art Center Presenting the check were Lloyd Baron, Bill Sharp, and Sheila Gast of the Founders Committee. COUNCIL MEETING DEDICATED TO SAFE RETURN OF PERSIAN GULF VETERANS Councilman Silva stated that on behalf of Mavis Campagna and other Huntington Beach veterans returning from the Persian Gulf the City Council meeting would be dedicated to their safe return. DIRECTION GIVEN RE: PROPOSITION M Councilman MacAllister requested Council to take action to insure that Poposi- tion M money would be available for city streets as well as freeway projects. PROJECT SELF-SUFFICIENCY - STARLIGHT SUPPER CLUB - 4/20191 Councilman MacAllister extended an invitation to the Starlight Supper Club which is Project Self -Sufficiency at Edison Community Center on April 20 for a $25 donation. AGENDA ORDER CHANGED ITEM PERTAINING TO TEMPORARY BARRICADE ON CASCADE LANE CONTINUED (800.60) The Mayor stated the item pertaining to the installation of a temporary barri- cade on Cascade Lane at the city limits with the City of Westminster would be continued for further study due to a health, safety and welfare issue. (City Council) INSTALLATION OF A TEMPORARY BARRICADE ON CASCADE LANE AT THE CITY LIMITS WITH THE CITY OF WESTNINSTER - CONTINUED TO 5113/91 (800.60) The City Clerk presented a communication from Director of Public Works regard- ing a Transportation Commission investigation of Cascade Lane (Huntington Beach) Temple Street (Westminster) traffic conditions. (Petition listing 24 signatures of residents requesting closure received 4/1/91) An inter -department communication from the Public Works Director and the Fire Chief dated April 15, 1991 to the City Council pertaining to Revised Alterna- tives to Installing Temporary Barricades had been distributed to the Council. Lou Sandoval, Public Works Director, presented the history on the matter and stated the Transportation Committee recommended a temporary barricade on Cascade Lane. 143 Page 3 - Council/Agency Minutes - 4/15/91 Fire Chief Dolder stated there was a discrepancy between the Transportation Committee and the City of Westminister. He recommended doing additional analysis. A motion was made by Silva, seconded by Green, to continue the item pertaining to the installation of a temporary barricade on Cascade Lane for 60 days for staff review. Discussion was held between Council and the City Attorney regarding liability. A motion was made by Robitaille, seconded by Green to amend the main motion to continue the item pertaining to the installation of a temporary barricade on Cascade Lane to May 13, 199) . The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Robitaille, Moulton -Patterson NOES: Kelly ABSENT: None The amended main motion made by Silva, seconded by Green, to continue the item pertaining to the installation of a temporary barricade on Cascade Lane to May 13, 1991 carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, NOES: Kelly, Robitaille, Moulton -Patterson ABSENT: None PUBLIC MMENTS Don Fisher, Steven Harper, Danny Gomgz, Wes Davis', Jill_ McDaniel, Russell Snelling., Kenneth„ Scott Elliott,, John Cormact. Ed Templeton, Mariano Dauz, Justin Regan, Don Brown, Erik Doss, Rob Anderson, Jim Gray, Thomas De Nicola, Mike Allen, Mike Sanders, and Flavia Cerdeiro spoke in opposition to proposed Ordinance No. 3099 and stated that skateboards were used for a hobby and for transportation and that persons skateboarding needed a park in which to skate. Laura Hathaway, director of a private school in Huntington Beach, spoke regarding vandalism due to the use of skateboards. Gary Ernst, Huntington Beach High School Principal, spoke in support of pro- posed Ordinance No. 3099. He distributed photographs to Council depicting damage to the high school and spoke regarding irreparable damage done by the use of skateboards. Bill Gallegos spoke in support of proposed Ordinance No. 3099 pertaining to skateboarding. Kele Rosecrans, Danny Man, and Travis Kolt spoke in opposition of proposed Ordinance No. 3099 and questioned the definition of nuisance. The City Attorney read the definition of nuisance from the municipal code for the benefit of the audience. Billy Maddox spoke in opposition to proposed Ordinance No. 3099 and stated he used his skateboard for transportation. 144 Page 4 - Council/Agency Minutes - 4/15/91 Marty Jimenez stated he believed the proposed skateboard ordinance was unfair in that it didn't offer alternatives to the skateboard committee working with Parks and Recreation. He stated he did not believe the Police Chief would talk to him regarding the matter. Police Chief Lowenberg stated he had walked the downtown area and talked with many skateboarders. He further stated he had not refused to talk to anyone. Chuck Hul s presented an informal petition bearing approximately 200 signa- tures of persons opposed to Ordinance No. 3099. He suggested building a skateboard area at the school. Doug L-angevin spoke regarding liability of downtown merchants regarding skateboard accidents. He suggested requiring a license and registration for skateboard operation. Marie Davis requested continuation of the item pertaining to skateboards until a place for the use of skateboards could be established. Blake Ingram spoke in opposition of the proposed ordinance and stated he believed that skateboarders would build a park if they had the land. AGENDA ORDER CHANGED Councilman MacAllister requested that the agenda order be changed to consider Ordinance No. 3099 pertaining to skateboards. (City Council) EMERGENCY .ORDINANCE NO. 309_- ADOPTED - EFFMTI;VE IMMEDIATELY - REGULATES USE OF VEHICLES AND SKATEBOARDS (640.10) The City Clerk presented a communication for the City Administrator transmitt- ing Ordinance No. 3099. A revised emergency ordinance had been distributed to Council. The City Clerk presented emergency Ordinance No. 3099 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING CHAPTER 10.20, PERTAINING TO PROHIBITED AREAS FOR VEHICLES AND SKATEBOARDS." (Regulates the use of skateboards and other similar types of equipment) Police Chief Lowenberg presented a staff report on Ordinance No. 3099. Police Officer Jim Austin gave a slide presentation showing the damage done in the downtown area by normal skateboard use. Ron Hagan, Community Services Director, presented a report using a map to show what areas of Huntington Beach would disallow skateboarding. Discussion was held pertaining to a facility for skateboarders. 145 Page 5 - CouncillAgency Minutes - 4/15/91 A motion was made by Kelly, seconded by Green, to adopt the alternate emergency Ordinance No. 3099. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None RECESS - RECONVENE The Mayor called a recess of Council at 9:03 p.m. The meeting was reconvened at 9:40 p.m. PUBLIC COMMENTS. CONTINUED Chuck Seauregard spoke regarding the possible closure of swimming pools of the Unified School District due to expense. He spoke in support of a pool at Central Park. Jon Ewino spoke regarding discrimination of handicapped persons. He distri- buted photographs to Council of Hudson's Grill at Springdale and Edinger where he had to enter by the side door because he used a wheelchair. Councilmember Winchell requested a staff report regarding development standards. Fred Reber, Marge Knowles, Judy Moses, Lynn Hansen, Brenda Hole, Jan Beaumont, Pat Witzel and Ted Lane spoke in support of installing a temporary barricade on Cascade Lane for safety reasons including getting in and out of driveways, danger to homes and children and speed by the park and school. A communication from the Westminster Fire Chief was presented stating a Knox box lock could be used.. Roy Richardson, representing himself and Susie Newman, stated they were in opposition to the item pertaining to the transfer of city property (Pierside Restaurants Lease Site) to the Redevelopment Agency and First Amended Pierside Lease Between Agency and Stanley M. Bloom for Pierside REstaurants Project. Debbie Cook spoke regarding the Main -Pier Redevelopment Project Area. She stated she was opposed to the City Attorney's legal opinion and requested a second opinion. She distributed copies of code to Council. Tamara Stokes spoke in support of the use of balloons for advertising for small businesses on Beach boulevard. Jon Forrest spoke in support of proposed Ordinance No. 3105. He stated he believed the city should provide bicyclists with a clean, clear access through the city of Huntington Beach. Ursula Whiteford spoke regarding the narcotic problem on Utica Avenue. Ann Walker and Margie Perez spoke in opposition to a temporary barricade on Cascade Lane. Ms. Walker stated she believed emergency vehicle response time would be longer. 14 Page b - Council/Agency Minutes - 4/15/91 Michael Beuerlein, Huntington Beach Surf Lifesaving Association, spoke regarding the educational conference. Joe Wh lin , Huntington Beach Lions Vice President, extended an invitation to their May 11 pancake breakfast from i a.m. to 11:30 a.m. George Arnold spoke pertaining to a possible conflict of interests among Council members and the City Attorney in regards to voting. Mark Frank spoke in support of the agenda item Sign Permit No. 91-1 for Block Buster Video. He distributed photographs to Council. John Tombani, Design Manager, spoke in support of the agenda item pertaining to Sign Permit No. 91-1 for Block Buster Video. Don Pier a spoke in support of installing a temporary barricade on Cascade Lane. He distributed photographs to Council. He stated a "Knox Box" on the gate would give emergency access. He recommended a 90-day trial closure. Eric Charlonne spoke regarding the problem and stated the City of Westminster should act on the matter. Bill Pettett spoke in opposition to the barricade due to assistance for medi- cal emergencies being delayed. He stated the speed of vehicles was the problem with Cascade. He presented a list of calls to the Murdy Fire Station substantiating medical emergencies for that area. He stated the speed limit should be 25 miles per hour. He gave Council material in support of keeping the street open. Tom Fairbanks stated he believed the petition circulated regarding the closure of Cascade Lane had mixed statements. He presented a petition with approxi- mately 88 signatures of persons in opposition to a temporary barricade on Cascade Lane. He stated the Hoover-Gothard extension would solve the traffic problem. Edith Gonzales stated she did not believe the people living in the other end of the tract had the same problem as those living on Cascade Lane. She spoke in support of the temporary barricade on Cascade Lane. Bill Stanley distributed photographs to Council and spoke in favor of the temporary barricade on Cascade Lane. He stated that due to the volume of traffic on Cascade Lane, there was a disregard of the speed limit or of any other controls. Dan Keeney spoke in support of the Driftwood Mobilehome Park Emergency Buyout Program. He spoke further regarding the buyout program. Present t j-Q—nto Detective Tom Gilligan by JsICK Price Jack Price of Designer Jewelry.In �. commended Detective Tom Gilligan of the Huntington Beach Police Department for exceptional performance. 147 Page 7 - Council/Agency Minutes - 4/15/91 1 (City Council PUBLIC HEARING - PLANNING DIVISION PERMIT PROCESSING FEE - REVVISIONS TO THE CITY'S COMPREHENSIVE FEE SCHEDULE - RESOLUTION N0. §268 - ADOPTED (340.20) The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering revisions to certain fees and permits contained, or proposed to be contained within the City's Comprehensive Fee Schedule. The types of fees under consideration for revision include Planning Division Permit processing fees based upon type of building use and building valuation. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. The City Clerk presented Resolution No. 6268 for Council adoption - "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. 33) The Community Development Director presented a staff report. Discussion was held between staff and Council regarding the fee being based on the type of project. The Mayor declared the public hearing open. Richard Harlow spoke in support of Resolution No. 6268. He stated a hope that the new fees would enable funding for two new plan checkers. He spoke regard- ing the Management Services Institute Fee Study and requested the opportunity to review the fees before the item was returned to Council. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Winchell, seconded by Kelly, to adopt Resolution No. 6268. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Moulton -Patterson NOES: None ABSENT: None Silva, Green, Kelly, Robitaille, (City until PUBLIC HEARIN - TRANSPORTATION DEMAND MANAGEMENT REQUIREMENT - ORDINANCE NO. 3107 -- INTRODUCTION APPROVED AS AM NDED (580.40) The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering the establishment of a Transportation Demand Management Requirement for specific projects which will generate employment of one hundred or more employees per project location. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. Page 8 - Council/Agency Minutes - 4/15/91 The City Clerk presented Ordinance No. 3107 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 973 BY ADDING SECTION 9730.86 PERTAINING TO TRANSPORTATION DEMAND MANAGEMENT." The Community Development Director presented a staff report. He stated the following addition to Page 3 of Ordinance No. 3107, Section 1, Chapter 9730.86.3, Paragraph D2: Commercial/Retail 50,000 square feet; Warehouse 100,000 square feet. Jim Otterson, Traffic Engineer, reported that Ordinance No. 3107 was a gradual approach to compliance. The Mayor declared the public 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. A motion was made by Kelly, seconded by MacAllister, to approve introduction of Ordinance No. 3107 to include the addition to Page 3 of Ordinance No. 3107, Section 1, Chapter 9730.86.3, Paragraph 02: Commercial/Retail 50,000 square feet; Warehouse 100,000 square feet, after reading by title and approve Code Amendment No. 91-4 with the following findings for approval: Findings for Approval: 1. Code Amendment No. 91-4 will be consistent with the goals and policies contained within the General Plan of minimizing adverse environmental effects by encouraging reduction of vehicle trips. 2. Code Amendment No. 91-4 meets state requirements for a county wide Congestion Management Program by establishing a Transportation Demand Management Ordinance. 3. Code Amendment No. 91-4 would provide significant public benefits by improving air quality, enhancing the effectiveness of the existing transportation system and reducing energy requirements. The motion was approved by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Moulton -Patterson NOES: Robitaille ABSENT: None (City Council) ADMINISTRATIVE HEARING FOR PROTESTS AND OBJECTI21&_ - WEED ABATEMENT - APPROVED (520.80) The Mayor announced that this was the day and hour set to consider a public hearing to hear objections and protests to the proposed removal of weeds, rubbish and refuse upon certain streets, sidewalks, parkways and private property in the City. Said hearing held pursuant to Resolution No. 6246, adopted February 4, 1991. On file in the City Clerk's Office is the notice of public hearing on Resolu- tion No. 6246 of the City Council, as posted conspicuously along all the streets and property within the district described in said Resolution, setting the hour of 7 P.M., or as soon thereafter as possible, on Monday, the 7th day of May, in the Council Chamber, in the Civic Center, as the time and place for a public hearing on a declaration that a nuisance exists and providing for the 1 4 abatement thereof. 1 Page 9 - Council/Agency Minutes - 4/15/91 No communications or written protests to Resolution No. 6246 of the City Council proposing to abate the weed nuisance had been received. The Affidavit of Posting of Notices to Destroy Weeds had been executed by the Street Super- intendent and was on file in the Office of the City Clerk. The Public Works Director presented a staff report. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Kelly, seconded by MacAllister, to authorize the Street Superintendent to proceed with the abatement of said nuisance. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Winchell) Policy for Use of Meeting Rooms in the Civic Center; (MacAllister) Environmental Impact Report No, 91-2. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Green, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister,. Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None -City Council) 1991 /92 TENTATIVE BUDGET - APPROVED - NEST ORANGE COUNTY WATER BOARD (1000.70)- Approved the 1991/92 Tentative West Orange County Water Board Budget in the amount of $477,900. (Huntington Beach share - $250,897.50) (City Council/Redevelopment Aamy) WAIVER OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR JOHN MARTIN HARVEY INC - APPROVED - FIXTURES_& EQUIPMENT APPRAISER TO REDEVELOPMENT (600.05) - Approved waiver of city's professional liability insurance requirement for the firm of John Martin Harvey, Inc. for fixture and equipment appraisal. City Council) HUNTINGTON BEACH PIER TIME CAPSULE OVERSIGHT COMMITTEE APPOINTMENTS - APPROVED (910.30) - Approved appointment of the following persons to serve on the Oversight Committee to review and recommend items to be placed into the time capsule for the new pier: Chairman of the Community Services Commission, Chairman of the Historical_ Resources Board, Chairman of the Pier Group, Chairman of the Landmark Campaign Special Gifts Committee, and City Councilperson. 150 Page 10 - Council/Agency Minutes - 4/15/91 (City Council) AMENDMENT NO 3 IQ AGREEMENT - APPROVED - GULDENWEST STREET IMPROVEMENTS BTWN PACIFIC COAST HIGHWAY & WARNER AVENUE - KEITH COMPANIES Qf,- (600.10) - Approved and authorized execution of Amendment No. 3 to Agreement between the City of Huntington Beach and Keith Companies for engi- neering service to develop plans for widening Goldenwest Street from Pacific Coast Highway to Warner Avenue raising the total fee an additional $86,347 from $390,204 to $476,551. (City Council) BID AWARD - APPROVED - METER BOX REPLACEMENTS AT VARIOUS LOCATIONS - MARK RUSSELL CONSTRUCTION - CC-807 (600.75) - Accepted the low bid of Mark Russell Construction in the amount of $29,400 for meter replace- ments at various locations, authorize the Director of Finance to encumber $3,000 for anticipated project "incidentals", and authorize the encumbrance of an additional $3,000 for construction contingencies, 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: Mark A. Russell Construction $ 29,400.00 Encino Engineering 39,200.00 Damon Construction 43,000.00 Atlas Allied, Incorporated 43,800.00 Vicco Construction 58,000.00 Pacific General Contractors 199,296.00 Engineer's Estimate 45,000.00 SCity Council) FINAL PARCEL MAP NO. 90-276 - APPROVED - GBW PARTNERS - S/0 BOLSA AVE_- W/O SPRINGDALE STREET (420.70) - Approved final parcel map pur- suant 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) NOTICE OF COMPLETION - APPROVED - STREET IMPROVEMENTS ON ADAMS AVENUE BTWN BEACH BOULEVARD AND NEWLAND STREET - CC-776 - AND HEIL AVE BTWN GOLDEN WEST ST AND SILVER LN -- CC-777 - VERNON PAVING COMPANY (600.50) Accepted work completed by Vernon Paving Company for reconstruction and resurfacing of Adams Avenue between Beach Boulevard and Newland Street, CC-776 and Heil Avenue between Golden West Street and Silver Lane, CC-777 for a total contract cost of $457,515.36 and authorized the City Clerk to file a Notice of Completion. (City Council/Redevelopment Agency) REMOVAL QF UNDERGROUND STORAGE TANKS - APPROVED - MSQ-289 AND MSC-290 (600.90) - Authorized proceeding with the environmental cleanup for removal of sixteen underground fuel storage tanks at eight sites (six owned by the City and two owned by the Redevelopment Agency) due to leaking tanks, on a time and material basis as was provided for in the bid quotations, authorized reinstating the March 18, 1991 balance in the Capital Improvement Account No. E-CP-AS-165-3-90-00 to use for the City owned sites, approved redevelopment funds to use for the agency sites; and directed Public Works to continue monitoring of costs on an individual site basis. (The current balance in the E-CP-AS-3-90-00 General Fund Account is $131,386 and the E-TM--EO-810-6-10-00 Redevelopment Account has an available balance of 1 $700,000. Page 11 — Council/Agency Minutes — 4/15/91 (City Council) AUDIT CONTRACT — APPROVED — KPMG PEAT MARWICK (600.10) — Approved and authorized execution of an Agreement between the City and KPMG Peat Marwick in the amount of $42,000 to conduct the annual audit of the City's financial statements for the year ending June 30, 1991. (City Council/Redevelopment Agency) POLICY FOR USE OF MEETING ROOMS IN THE CIVIC CENTER — RE L TI N N — ADOPTED AMEN (120,10) The City Clerk presented a communication from the City Administrator pertain— ing to the policy for use of meeting rooms in the Civic Center. The City Clerk presented Resolution No. 6266 for Council adoption — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING POLICY FOR USE OF MEETING ROOMS IN THE CIVIC CENTER." Following discussion, a motion was made by Winchell, seconded by MacAllister, to adopt Resolution No. 6266 as amended to add the wording "...except by appeal to the City Council,...". The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton —Patterson NOES: done ABSENT: None (City _Council) PREPARATION OF QQNSULTANT AGREEMENT-- STA INC — ENVIRONMENTAL IMPACT REPORT NO. 91-2 — APPROVED — MC DONNELL_DOUGLAS — N/W CORNER BOLSAI SPRINGDALE (600.10) The City Clerk presented a communication from the City Administrator dated April 15, 1991 pertaining to Environmental Impact Report No. 91-2 Consultant. The Community Development Director presented a staff report. Discussion was held between Council and staff regarding the necessity for the project. Richard Harlow, representing McDonnell Douglas, stated that the Environmental Impact Report No. 91-2 would provide an opportunity to provide facts to the Council for the project. A motion was made by Kelly, seconded by Green, to authorize the City Attorney to prepare a consultant agreement with the firm of STA, Inc., to prepare Environmental Impact Report No. 91-2 for the proposed General Plan Amendment and Zone Change, approximately 62 acres at n/w corner of Bolsa Avenue and Springdale Street, for an amount not to exceed $50,580 to be approved by the City Council at the meeting of May 6, 1991. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton —Patterson NOES: MacAllister ABSENT: None 152 Page 12 - Council/Agency Minutes - 4115/91 (City Council/Redevelop Agency) TRANSFER OF CITY PROPERTY (PIERSIDE RESTAURANTS LEASE SITE) TO THE REDEVELOPMENT AGENCY AND FIRST AMENDED PIERSIDE LEASE BETWEEN AGENCY AND STANLEY M. BLOOM FOR PIERSIDE RESTAUMNTS PROJECT - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) The City Clerk presented a communication from the Economic Development Director regarding the transfer of city property (Pierside Restaurants Lease Site) to the Redevelopment Agency and First Amended Pierside Lease between the Agency and Stanley M. Bloom. An inter -department communication from the City Attorney dated April 15, 1991 to Councilman MacAllister regarding Final Date for Council to Act to Place the Pierside Issue on the Ballot had been distributed to Council. A motion was made by Winchell, seconded by Moulton -Patterson, to defer all actions relating to the Agreement for the Purchase and Sale of Property for the Pierside Restaurants project, to consider for appropriate action the City Attorney's legal opinion dated April 3, 1991, outlining the related legal issues pertinent to the proposed transfer of the Pierside property, and to seek an additional counsel opinion. The motion FAILED by the following roll call vote: AYES: Winchell, Green, Moulton -Patterson NOES: MacAllister, Silva, Kelly, Robitaille ABSENT: None A motion was made by MacAllister, seconded by Kelly to approve the following: 1. Defer all actions relating to the Agreement for the Purchase and Sale of Property for the Pierside Restaurants project. 2. Consider for appropriate action the City Attorney's legal opinion dated April 3, 1991, outlining the related legal issues pertinent to the proposed transfer of the Pierside property. 3. Continue direction to staff to proceed, as appropriate, with Schedules A, B, or C as attached to the RCA dated April 15, 1991 pending negotiations on Disposition and Development Agreemtent. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Kelly, Robitaille, NOES: Winchell, Green, Moulton -Patterson ABSENT: None (City Council) APPEAL UPHELD - LIMITED SIGN PERMIT NO. 91-1 - APPROVED WITH FINDINGS AND CONDITIONS - BLOCK BUSTER VIDEO - NW CORNER OF EDINGER/EDWARDS (420.35) The City Clerk presented a communication from Community Development Director transmitting an appeal filed by Mark A. Frank of San Pedro Electric Sign of the Planning Commission's denial of Limited Sign Permit No. 91-1 located at the northwest corner of Edinger Avenue and Edwards Street. The Community Development Director presented a staff report. 153 Page 13 - Council/Agency Minutes - 4/15/91 A motion was made by Winchell, seconded by Green, to deny the appeal and deny Limited Sign Permit No. 91-1 with the findings for denial. The motion FAILED. by the following roll call vote: AYES: Winchell, Green, Moulton -Patterson NOES: MacAllister, Silva, Kelly, Robitaille ABSENT: None Following discussion, The Community Development Director read the findings and conditions of approval as set forth on the RCA dated April 1, 1991 for Limited Sign Permit No. 90-1. A motion was made by MacAllister, seconded by Kelly, to uphold the appeal, approve Limited Sign Permit No. 91-1 for up to two years with a maximum height of 15 feet with the following findings and conditions: Findings for Approval - Li mi tamed Sign --Permit No_, _ 41_-1_: 1. Due to the unique circumstances of building design and site configuration, the sign's immediate removal will result in a substantial hardship. 2. The existing sign when lowered to 15 feet in height will not adversely affect other lawfully erected signs in the area or be detrimental to properties in the vicinity and is in keeping with the character of the surrounding area. 3. The existing sign when lowered will not be obstructive to vehicular or pedestrian traffic visibility and is not a hazardous distraction. Conditions of Approval - Limited Sign Permit No. -91-1: 1. The existing 20 feet high freestanding pole sign shall be lowered to 15 feet in total height. 2. This limited sign permit shall be for a maximum of two (2) years. 3. The sign shall be located in a landscape area consistent with the City' s landscape requirements. 4. A cash bond of $5,000 shall be posted with the City in order to guarantee the sign's removal upon expiration of this permit. The motion carried with the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None (City .Council) PREPARATION OF CONSULTANT AGREEMENT - ENVICOM CORP - COMPRE- HENSIVE GENERAL PLAN UPDATE -- APPROVED (600.10) The City Clerk presented a communication from Director of Community Develop- ment requesting preparation of a consultant agreement with Envicom Corporation to prepare a comprehensive update to the City's General Plan. 154 Page 14 - Council/Agency Minutes - 4/15/91 Howard Zelefsky, Planning Director, presented a staff report. A motion was made by MacAllister, seconded by Kelly, to authorize the City Attorney to prepare a consultant agreement in an amount not to exceed $650,000 with the Envicom Corporation for the comprehensive update of the City's General Plan. The cost for fiscal year 1991/92 is $352,000. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Moulton -Patterson NOES: None ABSENT: None Silva, Green, Kelly, Robitaille, (City Council/Redevelopment Agency) AUTHORIZATION TO PURCHASE ADDITIONAL MOBILEHOMES AT DRIFTWOOD MOBILEHOME PARK UNDER AN EMERGENCY BUYOUT PROGRAM - APPROVED - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) The City Clerk presented a communication from the Economic Development Director regarding the need for appropriation of funds and authorization to continue additional buyouts for Driftwood Mobile Home tenants in emergency situations. Barbara Kaiser, Deputy City Administrator/Economic Development, presented a staff report. She answered Dan Keeney's inquiries made during Public Comments. A motion made by MacAllister, seconded by Green, to approve the following: 1. Authorize staff to expand the Driftwood Emergency Buyout program from 14 acquisitions to an additional 20 acquisitions for a total of 34. The program would include making offers to Driftwood Mobilehome owners at the agreed value for each purchase, opening escrow accounts, and expending funds from Redevelopment Agency resources to be reimbursed upon issuance of project bonds. 2. Approve a transfer of $1,275,000 to the Main -Pier Redevelopment Project fund from 1988/89 Tax Allocation Bond proceeds, and appropriate $1,275,000 from the Main -Pier Redevelopment Project fund to the Driftwood Buyout Capital Project Account No. E-TM-ED-801-3-96-00. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None (City Council) ORDINANCE NO. 3100 - ADOPTED - BUSINESS LICENSE FEES (340.30) The City Clerk presented Ordinance No. 3100 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.16 OF THE ORDINANCE CODE TO PROVIDE FOR AN INCREASE IN RATES." (Business License Fees) 155 Page 15 -- Council/Agency Minutes — 4/15/91 A motion was made by Kelly, seconded by MacAllister, to adopt Ordinance No. 3100. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton —Patterson NOES: None ABSENT: None (City_ Council) ORDINANCE NO. 3101 — ADOPTED — BEACH AND OCEAN CLOSURE — PUBLIC SAFETY (510.10) The City Clerk presented Ordinance No. 3101 for Council adoption — "AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY Of HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 13.08.350 ENTITLED "BEACH AND OCEAN CLOSURE — AUTHORITY." (Allows closure of specific areas of the beach or ocean waters in the interest of public safety.) A motion was made by Kelly, seconded by MacAllister, to adopt Ordinance No. 3101. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton —Patterson NOES: None ABSENT: None (City n it ORDINANCE NO. 3102 — ADOPTED — PRECISE PLAN OF STREET ALIGNMENT -NO. 91-2 — GOTHARD_STREET BETWEEN ELLIS/MAIN (800.90) The City Clerk presented Ordinance No. 3102 for Council adoption — "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT NAPS NO. 2 AND 39 TO INCLUDE PRECISE PLAN OF STREET ALIGNMENT NO. 91-2 ALIGNING GOTHARD STREET BETWEEN ELLIS AVENUE AND MAIN STREET." A motion was made by Kelly, seconded by MacAllister, to adopt Ordinance No. 3102. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton —Patterson NOES: None ABSENT: None f (City Council RDINANCE NO. 3103 -- AQQPTED — TEMPORARY SIGNS (420.35) The City Clerk presented Ordinance No. 3103 for Council adoption — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9610.9 PERTAINING TO TEMPORARY SIGNS." A motion was made by Kelly, seconded by MacAllister, to adopt Ordinance No. 3103. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton —Patterson NOES: None ABSENT: None 156 Page 16 - Council/Agency Minutes - 4115191 (City Council) ORDINANCE NO 3104 - ADOPTED - WATER MANAGEMENT PROGRAM (1000.90) The City Clerk presented Ordinance No. 3104 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH FINDING THE NECESSITY FOR AND ADOPTING A WATER MANAGEMENT PROGRAM." (Effective immediately upon adoption.) A motion was made by Kelly, seconded by MacAllister, to adopt the Ordinance No. 3104. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None (City Council) ORDINANCE NO 3106 - ADOPTED - CAMPAIGN DOCUMENTS (620.80) An inter -department communication from the City Attorney dated April 15, 1991 to Councilman MacAllister regarding Campaign Literature Disclosure had been distributed to the Council. The City Clerk presented Ordinance No. 3106 for Council adoption - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CHAPTER 2.06 PERTAINING TO CAMPAIGN DOCUMENTS." (Any person distributing two hundred or more, substantially similar campaign documents within fourteen days of any general or special municipal election file ten (10) copies of the campaign document with the City Clerk and that the documents filed shall be a matter of public record.) A motion was made by Kelly, seconded by Winchell, to approve introduction of Ordinance No. 3106, after reading by title. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Robitaille, Moulton -Patterson NOES: MacAllister, Kelly ABSENT: None (City Council) ORDINANCE NO 3105 - INTRODUCTION APPROVED AS AMENDED - MOBILE SOURCE AIR POLLUTION REDU TION (520.75) The City Clerk presented Ordinance No. 3015 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON MUNICIPAL BEACH CODE BY ADDING CHAPTER 8.50 TO PROVIDE FOR MOBILE SOURCE AIR POLLUTION REDUCTION ORDINANCE." (Financial assistance to local agencies in their efforts to implement strategies to reduce mobile sources in air pollution) The City Administrator stated the wording of the Ordinance No. 3105 should be changed in Chapter 8.50.020 to read "'Fee Administrator' shall mean the Cit Treasurer or his designee." 157 1 Page 17 - Council/Agency Minutes - 4/15/91 A motion was made by Kelly, seconded by MacAllister, to approve introduction of Ordinance No. 3105 amended to read "Fee Administrator" shall mean the City Treasurer or his designee in Chapter 8.50.020. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille. Moulton -Patterson NOES: None ABSENT: None STAFF REQUESTED TO INVESTIGATE SAFETY OF BIKE PATH DUE TO KJQ — BLUFFS NORTH OF GOLDENNEST STREET Councilman MacAllister requested staff to investigate the sprinklers and the amount of time they are operating on the bluffs north of Goldenwest Street because of mud accumulating on the bike path and bike spills. STAFF REPORT REQUESTED RE: PLANS T NARROW SIDEWALK ON MAIN STREET IN FRONT F BREAD CRUMB RE TA RANT Councilman MacAllister requested a staff report on the plans of narrowing the sidewalk in front of the Bread Crumb Restaurant caused by the construction of the Parking Structure therefore eliminating the use of patio tables. STAFF REOIJESTED TO DRAFT RESOLUTION IN OPPOSITION TO A55EMBLY BILL Councilman MacAllister requested staff to draft a resolution in opposition to Assembly Bill 3 introduced by Assembly Speaker Willie Brown regarding a third level of regional government. He stated the California League of Cities is in opposition to the bill. NOTICE OF VIOLATION - GENTRY LANE Councilmember Winchell reported a Notice of Violation had been issued to a business operating on Gentry Lane. STAFF REQUESTED TO REVIEW GRAFFITI ORDINANCE Councilmember Winchell requested staff to review the graffiti ordinance and compare it with other cities, particularly in regard to the people who are responsible to pay for the damages. STAFF DIRECTED TO DRAFT RESOLUTION RE: MUNCIL POLICY — REVIEW OF DEVELOPMENT AGREEMENT The City Clerk presented a communication from Councilmember Winchell regarding review of Development Agreements. Following discussion, a motion was made by Winchell, seconded by Green, to direct staff to prepare a resolution establishing 30 days as a minimum length 158 Page 18 — Council/Agency Minutes — 4/15/91 of time prior to the agendized date for Council action for the City Council to have a final copy of any and all development agreements. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Moulton —Patterson NOES: None ABSENT: None Silva, Green, Kelly, Robitaille, PLANNING COMMISSIONER GERI ORGEGA — RESIGNATION ACCEPTED AS OF _/14 7/911_ - APPOINTED ,SHIRLEY DETTLOFF PLANNING COMMISSIONER _- EFFECTIVE 4-18-91 — APPROVED Councilmember Winchell stated that she had accepted the resignation, with regret, of Planning Commissioner Geri Ortega. A motion was made by MacAllister, seconded by Green, to ratify the appointment of Shirley Dettloff as Planning Commissioner as of April 18, 1991 under emergency provisions of Maddy Act pending public posting. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Moulton —Patterson NOES: None ABSENT: None Silva, Green, Kelly, Robitaille, REPORT PRESENTED RE: GUARDIAN CENTER Jim Otterson, Traffic Engineer, met with officials from Guardian Center in regard to facilities for handicapped and reported the problem had been solved. FLORIDAIUTICA STATUS REPORT Chief Lowenberg presented a status report on the implemented October 1990 Florida/Utica Action Plan. CITY POLICY ON TREE PRESERVATION REQUESTED Councilmember Moulton —Patterson requested the city policy regarding preservation of trees. ADJOURNMENT -- COUNCIL/REDEVELOPMENT AGENCY Mayor Green adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 6 p.m., Monday, April 22, 1991, Council Chamber. ATTEST Vt� wm!�� 159 City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex—officio Clerk of the City Council of the City of Huntington Beach, California yo-313AChai rman 1 [1