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HomeMy WebLinkAbout1992-03-02 (14)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, March 2, 1992 A tape recording of this meeting is on file in the City Clerk'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 A EGC ROLL CALL PRESENT MacAllister, Winch.ell, Silva, Green, Kelly, Robitaille Moulton -Patterson arrived at 5:35 p.m. ABSENT: None PUBLIC COMMENTS George Arnold stated he was in opposition to the city passing a bond for private enterprise and that he was opposed to Chuck Scheid spoke in opposition to Ordinance No. 3133 pertaining to speed limits. He stated that the speed on Newland was changed five times within a two-mile area and that he believed the Public Worms Director needed to review the ordinance. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - HUNTINGTON BEACH _DOWN- TOWN PARKING AND BUSINESS IMPROVEMENT AREA ASSESSMENT DISTRICT - _ORDINANCE NO. 31_32 INTRO[VCTION -f "8'1 �161=, C_ ,3 C. The City Administrator stated that written protests to Ordinance No. 3132 totaling 58% of the business owners had been received. Barbara Kaiser, Deputy City Administrator/Economic Development, stated that out of 174 business owners, 98 stated opposition and that the City Clerk had those records. Following discussion, the City Attorney stated opened and then make a statement to explain to would not be hearing testimony. that the hearing needed to be the people why the Council Page 2 - Council/Agency Minutes - 3/2/92 (City Council) DISCUSSION HELD RE: PUBLIC HEARING - SEACLIFF ON THE GREEN PETITION FOR APPLICATION OF CVC SECTION 21107 7(a) TO PRIVATE STREETS - RESOLUTION NO. 6353 (�._r . Police Chief Lowenberg reported that most code enforcement in the area of Sea - cliff on the Green were based on complaints. In answer to Councilmember Kelly's inquiry pertaining to funding, Police Chief Lowenberg reported that most violations were parking. Following the City Attorney's recommendation to continue the item, Council - member MacAllister stated he would remove and continue the item from the agenda at the 7 p.m. meeting. (City Council) DISCUSSION HELD RE: WNSULTANT AGREEMENT - CENTRAL LIBRARY EXPANSION PROJECT - JAMES M MONTGOMERY CON5ULTINfi ENGINEERS INC - CC-740 (600.10) Councilman Kelly stated he would be voting no on the item pertaining to the Library Expansion Project. 14s14Y I-VUI11,11J UIaWQ.2IV11 17LL.L1 nL. nLILnflf%IIVL fUIIVJLIIu nrrnVn�.r1L.� r1Ln CONCESSION BUILDINGS (414-20) f_ The City Administrator stated the item pertaining to the pier concession buildings would be returned to Council in the Spring. (City Council/Redevelopment Agency) DISCUSSION HELD RE: REDUCTION OF 30 DAY REVIEW TO 14 DAYS - THIRD AMENDMENT TO DEPOSITION & DEVELOPMENT AGREEMENT WITH THE WATERFRONT (600.30) In answer to Councilmember Winchell's inquiry, the City Administrator stated the funding was needed by March 1, 1992. (City Council) DISCUSSION HELD RE: FINAL TRACT MAP 13439, BEING ALL OF TT MAP 13434_- THE DAHL CO - S/O ELLIS - W/O GOLDENWEST - SUBDIVISION AGREEMENT Oft) In answer to Councilmember Winchell's inquiry, Ray Silver, Assistant City Administrator, stated the item pertaining to Final Tract Map 13439 could not be delayed because there are problems with bonds on another of the developer's projects. (City Cou nil) DISCUSSION HELD RE: REPORT ON COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING OF PUBLIC SERVIC S ACTIVITIES & PROJECT SELF-SUFFICIENCY (340.70) The following charts were distributed: CDBG Payback Options, CDBG Grant FY 92/93 (Estimate) $1,459,000; CDBG Payback/PSS Funding, CDBG Grant FY 92/93 (Estimate) $1,459,000; PSS Funding Options. The City Administrator reviewed the charts. Page 3 - Council/Agency Minutes - 312192 iy Council) DISCUSSION HELD RE: FIVE POINTS VILLA SENIOR CITIZEN PROJECT - REQUEST 1,9 WAIVER AND DEFERMENT OF .DEVELOPMENT FEES 1330-343 C, K!0:/c> The City Administrator stated the item pertaining to the Five Points Villa Senior Citizen Project would be continued to March 16, 1992. (City Coin) DISCUSSION HELD RE ORDINANCE NO 3133 - SPEED LIMITS Councilmember Winchell requested a staff report pertaining to the speed limits at the 7 p.m. meeting. 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 - Meet & Confer. (120.80) The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pend- ing litigation - Performance v City - Driftwood v City - Jones v City, OCSCC 62-97-12 - 62-30-63 - X62-30-62. (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 the Robert Mayer Corporation concerning the purchase/ sale/exchange/lease of the property located at Pacific Coast Highway between Beach Boulevard and Huntington Street and the former Mushroom Farm at Ellis & Goldenwest Streets - (Waterfront). (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.8 to give instructions to its negotiator regarding negotiations with Coultrup Development Corporation concerning the purchase/sale/exchange/lease of the property located between Main Street, Pacific Coast Highway and 5th and Walnut, Main Pier Phase U. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigations - Griffin v City - Terry v City - OCSCC 65-40-39 & 66-88-65 respectively - (Coultrup Phase II Proposal). (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 regarding negotiations with Resolution Trust Company (RTC) concerning the purchase of property bounded by Main, Orange and Sixth Streets - (Townsquare). (120.80) RECESS - RECOMMENE The Mayor called a recess of Council at 8:52 p.m. The meeting was reconvened at 10:20 p.m. Page 4 - Council/Agency Minutes - 3/2/92 ADJOURNMENT - OWNCIL/REDEVELMENT AGEN Mayor Silva adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 5:30 p.m., Monday, March 16, 1992, Room B-8. Clerk of the Redeve opment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: .4wa� 4��Anp - �- City Clerk/Clerk Mayor/Chairman 1 MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, March 2, 1992 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Silva called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order a:t.7-p.m. ROLL CALL PRESENT, Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly ABSENT: None FLAG CEREMONY AND INVC?CA._TION The Flag Ceremony and invocation was conducted by Third Grade Brownie Troop #188 from Haven View School; Leader Michelle Lalley. PROCLAMATION - "GIRL SCOUE1 WEEK" - MARCH 7-14. 1992 Mayor Silva presented a proclamation designating the week of March 7--14, 1992 as "Girl Scout Week" to Carolyn Hunt, Community Relations Chairman, Girl Scout Council of Orange County. PRESENTATION - CAROLYN__HUNT - COMMUNITY SERVICE Mayor Silva presented a plaque and roses to Carolyn Hunt for her forty years of community service including her work with the Girl Scouts. PROCLAMATION - "RED CROSS TH" --MARCH Mayor Silva presented a proclamation designating the month of March as "Red Cross Month" to Robert Hoxsie, Disaster Team Coordinator Huntington Beach area, American Red Cross. Mr. Hoxsie presented the Mayor with a Red Cross flag to fly at City Hall during month of March.. i Page 2 - Council/Agency Minutes - 3/2/92 HB PUBLIC FINANCING AUTHORITY ROLL CALL PRESENT: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly ABSENT: None The Secretary was directed to read the Call for Special Meeting. CALL FOR SPECIAL MEETING HUNTIN9QN REACHPUBLIC FINANCING AUTHORTY Jim Silva, Chairman. Earle Robitaille, Director Linda Moulton -Patterson, Director Grace Winchell, Director Peter Green, Director Don MacAllister, Director Jack Kelly, Director You are hereby notified that a Special Meeting of the Huntington Beach Public Financing Authority Board of Directors of the City of Huntington Beach, California, is called for and will be held in the Council'Chamber of the Civic Center, at the hour of 7 p.m. or as soon thereafter as possible on Monday, March 2, 1992, for the purpose of considering refinancing 1988 Redevelopment Agency bonds and discharge of debt to developer of Waterfront Hilton. Dated: February 24, 1992 HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY /s/ Jim Silva ATTEST: CONNIE BROCKWAY, CITY CLERK /s/ Connie BrockwAy Secretary I hereby certify that I received the above notice, "Call for Special Meeting of the Huntington Beach Financing Authority", prior to 7 p.m. Sunday, March 1, 1992. Isl Jim Silva Chairman yr nn c0T0am, nip.1vn - nuLMl,1 KL3VLU11un nv G44 - nuyriCI! - ru6LiV riniw jaq AUTHORITY RESOLUTION NO 5 - ADOPTED The Clerk presented a communication from Deputy City Administrator Robert Franz regarding refinancing 1988 Redevelopment Agency Bonds and discharge of debt to developer of Waterfront Hilton. Page 3 - Council/Agency Minutes - 3/2/92 The Clerk presented Resolution No. 222 for Agency adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE BORROWING OF FUNDS FROM THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED. $37,000,000 RELATING TO THE HUNTINGTON CENTER COMMERCIAL DISTRICT REDEVELOPMENT PROJECT AREA, THE MAIN - PIER REDEVELOPMENT PROJECT AREA, THE OAKVIEW REDEVELOPMENT PROJECT AREA AND THE TALBERT-BEACH REDEVELOPMENT PROJECT AREA, AUTHORIZING AND DIRECTING EXECU- TION OF RELATED LOAM AGREEMENTS, APPROVING SALE OF BONDS BY SAID AUTHORITY, APPROVING OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS." The Secretary presented Public Financing Authority Resolution No. 5 - "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $37,000,000 TO MAKE LOANS TO THE REDEVELOPMENT AGENCY IN CONNECTION WITH THE HUNTINGTON CENTER COMMERCIAL DISTRICT REDEVELOPMENT PROJECT AREA, THE MAIN -PIER REDEVELOPMENT PROJECT AREA, THE OAKVIEW REDEVELOP- MENT PROJECT AREA AND THE TALBERT-BEACH REDEVELOPMENT PROJECT AREA, AUTHORIZ- ING AND DIRECTING EXECUTION OF RELATED INDENTURE OF TRUST AND LOAN AGREEMENTS, AUTHORIZING SALE OF BONDS, APPROVING OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS." The City Administrator presented a slide review of the Refinancing of 1988 Debt for Redevelopment Agency using a slide. A report entitled, "Huntington Beach Redevelopment Agency, Refinancing of 1988 Debt" was distributed. Discussion was held between the Council and Bob Franz, Deputy City Administra- tor/Administrative Services. The City Administrator presented a slide report on the discharge of debt. A report entitled, "Huntington Beach Redevelopment Agency, Discharge of Debt - Waterfront". HarrisQn McClain, representing Driftwood Mobile Home Association, questioned whether or not Driftwood was considered for the project. Discussion, pertaining to financing, was held between the City Administrator, Bob Franz, Deputy City Administrator/Administrative Services, and Barbara Kaiser, Deputy City Administrator/Economic Services. A motion was made MacAllister, seconded by Green, to. 1. Adopt Redevelopment Agency Re,5Qlution No. 222 authorizing the borrowing of funds by the Redevelopment Agency in an amount not to exceed $37,000,000 for the purpose of refinancing 1988 loan agreements between the Agency and the Huntington Beach Public Financing Authority and to finance obligations of the Agency to the Waterfront Hotel Project, and 2. . Adopt Pu 1i c Financing Authority Resolution Mg. 5 authorizing the issuance of Huntington Beach Public Financing Authority Revenue Bonds in an amount not to exceed $37,000,000 for the purpose of refinancing the Huntington Beach Public Financing Authority 1988 Revenue bonds and financing obligations to the Waterfront Hotel Project, and 3. Instruct the City Administrator to approve a purchase agreement for the sale of the refinancing portion of the bonds only if the annual debt service savings is at l.east $100,000 per year, or $900,000 total present value savings over the life of the issue; and Page 4 - Council/Agency Minutes -- 3/2/92 4. Instruct the. City Administrator to approve a purchase agreement including the additional Bonds for discharge of the debt to the developer of the Water- front Hilton only upon approval of a formal amendment to the Disposition and Development Agreement between the Redevelopment Agency and the Robert L. Mayer Corporation (currently scheduled for March 16, 1992).. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None ADJOURNMENT - HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY The Chairman adjourned the Special Meeting of the Huntington Beach Public Financing Authority. PUBLIC COMMENTS Marvin @rslwgrman presented an informal petition bearing approximately 439 names of persons petitioning for the placement of a traffic light on Atlanta Avenue where Miramar and Greenfield Lanes intersect. He stated that there is a school and church nearby and, at times, heavy bicycle traffic adds to the dangers of the heavy automobile traffic. David Tamarin, on behalf of Huntington Beach Senior Citizen Community Board of Directors, Huntington Landmark, stated there had been minor accidents involv- ing children and bicycles on Atlanta Avenue at Miramar and Greenfield Lanes. He requested that a traffic count be done in order to install a traffic light. Ron Mon-drason thanked Council and staff for the four-way stop signs and and street lines on Cascade Lane. He spoke in opposition to the installation of barricades. He stated that the motorcycle police and the traffic tickets had helped and that he believed the street should remain open. Edith Gonzales presented material to Council and the City Clerk, and she recommended a barricade. She stated the traffic count had only decreased by 100 and that the speed of the traffic had not decreased. She requested that the yellow and white street lines be removed so that the street does not look like a thoroughfare. Pat Witzel presented photographs of her driveway to the Council and stated that she lived with a health and safety problem. Margaret Boyd stated she was in favor of a barricade on Cascade Lane to reduce the amount of traffic. She stated there were elementary school children in the tract that have to cross Temple to reach the only neighborhood park. Sandra Fairbanks spoke in opposition to a barricade on Cascade Lane. She stated that the lack of visibility would create a danger to children because of transient persons. She stated cars would be parked at the barricade and emergency vehicles would have no access. John Boyd requested Council to help turn Cascade Lane back to a residential street and not a highway. 1 Page 5 - Council/Agency Minutes - 3/2/92 Tom Fairbanks spoke in opposition to any barricade. He stated that traffic had increased everywhere and not just on Cascade Lane. He stated he believed the answer was to open the Hoover-Gothard extension. Diane Ryan spoke in opposition of a barricade. He stated he did not want the entire tract to be penalized with only one exit onto Sugar. She stated she believed the majority of the neighborhood did not want a barricade and that a number of people on Cascade Lane did not even respond to the survey. Kurt Bayless spoke in opposition of a barricade. He stated he believed that the majority of cars in the traffic counts were residential and not from other areas. Fred Reber stated he lived at Rushmore and Sugar. He stated he believed the striping and stop signs help and that the ultimate solution would be the Gothard-Hoover connection. He stated he would be in favor of barricades A and B OR barricades C and D. Laura Bonomo spoke in opposition of a barricade and stated she was concerned with having only one exit in the tract. She stated the stop signs had lessened the speed and flow of traffic. Dellamarig _Bonomo spoke in opposition of a barricade and stated she was concerned about safety. She stated there were four persons in her home who work and drive. Barbara Devlin distributed material to Council and the City Clerk pertaining to the Huntington Harbour Bay Club Development and stated she. had spoken at the State Lands Commission regarding the Land Trust Easement. Alan Thatcher, Citizen Advisory Board member, distributed material to Council and stated the Board requests input and clarification regarding their respon- sibilities pertaining to the Community Development Block Grant Funding and that the Board requests direction and how they relate to the Human Resources Board. He stated they needed direction by March 26, the date of their next meeting, and he invited Council to attend the meeting. Sharon Stirling, Citizen Advisory Board member and Project Self -Sufficiency Task Force member, spoke in support of Project Self -Sufficiency getting funded out of the Community Development Block Grant Funding. She suggested that Council investigate other agencies that are being funded out of the General Fund and the Community Development Block Grant Funding if there was concern about Project Self -Sufficiency being funded out of both funds. George Arnold spoke pertaining to alternative funding approaches for the pier concession buildings. He suggested that the concessionaire build the buildings and donate them to the city. Michael Mott stated that as a transportation alternative bicyclists were getting more support around the country. He spoke in support of bike lanes on Pacific Coast Highway. He stated he had met with met with Orange County Transportation Authority regarding the proposed super street, Beach Boulevard. Don Harvey reviewed the current proposed plan for PCH and spoke in opposition of the proposed six lanes of traffic on Pacific Coast Highway. He requested that the city leave the parking until a resolution of disagreements is made. Page 6 - Council/Agency Minutes - 3/2/92 Walter Long, McDonnell Douglas employee, stated that Council should be more concerned about the quality of life for the voters. He stated he believed that six lanes on Pacific Coast Highway would go against the Air Quality Management District and would get people from Newport Beach to Long Beach without stopping in Huntington Beach. Gerald Chapman stated his concerns that the conditions placed by the Planning Commission would still be met on Final Tract Map No. 13439 which is located south of Ellis Avenue and west of Goldenwest Street. Carrie Thomas, Country View Estates Homeowners' Association President, stated she was speaking on behalf of the homeowners and the equestrians pertaining to Final Tract Map 13439. She requested that the conditions on previous tracts be made whole before new tracts were built. She was concerned about eques- trian bonds, horse trail improvements, landscaping, street improvements, curbs, sidewalks, and drainage problems in the area. On behalf of the eques- trians she requested that the equestrian trails were placed prior to any and all development in the area. David Dahl spoke regarding a 6% dispute over the bonds pertaining to Final Tract Map 13439. He stated he was prepared to enter arbitration and that most of the tract map conditions would be met early in the construction stages. He stated that landscaping and trails would be put in as soon as they can. CITY ADMINISTRATOR'S REPORT Pahl Company - Final Tract Map 1 Mr. Uberuaga, City Administrator, stated the item pertaining to The Dahl Company, Final Tract Map 13439, would be removed from the agenda. Huntihgton Harbour Racauet Club The City Administrator reported that there would be a staff response to comments regarding Huntington Harbour Bay & Racquet Club March 16, 1992 at the Council meeting. Pacific Coast Highway Widening He stated that the Public Works Director and the City Attorney would review the Cal -Trans proposal and relocation of the parking and return to Council March 16, 1992, PERS The City Administrator stated a memo distributed. Main Street Improvement pertaining to retirement had been The City Administrator stated that staff had met with merchants pertaining to the Main Street improvement and that it would take four to five months. He announced that the next meeting would be March 3, 1992 at the Art Center to discuss options and the item would be returned to Council March 16, 1992. L J Page 7 - Council/Agency Minutes - 3/2/92 (City Council) PUBLIC HEARING - HUNTINGTON BEACH DOWNTOWN_.PARKING AND BU,INIIS IMPROVEMENT AREA ASSESSMENT I TRI RDINAN E N 132 INTRODUCTION - FAILED ( 8) � & 30 The Mayor announced that this was the day and hour set for a public hearing relative to the adoption of a Parking and Business Improvement Area Assessment District to be known as the Huntington Beach Downtown Business Improvement District. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communications or written protests were.received on the matter. Communications were received from Dehne's Liquor, Huntington Beach Travel Service, Dr. Bernard Mason and Wimpi's Hamburger in opposition. Barbara Kaiser, Deputy City Administrator/Economic Development, presented a slide report. Bob Franz, Deputy City Administrator/Administrative Services, distributed material pertaining to the proposed Downtown Business Improvement District to the Council and City Clerk. The City Attorney reported on the procedure of the hearing and stated that protests must be in writing. The Mayor declared the public hearing open. Doug Snider, Waterfront Hilton, spoke in support of the Huntington Beach Downtown Parking and Business Improvement Area Assessment District. In answer to Councilmember Green's inquiry, the City Attorney read the statute from the Streets and Highway Code and stated the hearing was for those who were protesting, but that Council would have the latitude to hear others. A motion was made by MacAllister to allow people to speak whether they are for or against it and at the end of the public hearing take a fifteen minute break, do the tabulation, and from there take any action necessary. The motion died for lack.of a second. The City Clerk stated the legal resolution published in the paper, Section 6 stated that Council will hear all interested persons for or against the establishment of the district. Barry Ellerbroek, Burger King franchisee, Newland Center Merchants' Associa- tion President, stated the association is a mandatory assessment to promote and market the shopping center and spoke in favor of the Business Improvement District. He stated he was hoping to open a Burger King at Pacific Coast Highway and Main Street. Cary. Hoi5ington, Team Bicycle, spoke in opposition to the Business Improvement District. He thanked Suzanne Beukema for her work on the project and for getting people to consider it, but stated that he had too many questions to support it. Bob Ghan, Sammy & Company, spoke in opposition to the Business Improvement District. He stated he did not believe it should be started in a recession and that not all persons had been notified. r Page 8 — Council/Agency Minutes — 3/2/92 Mike hgn, Great Western Sanitary Supplies, spoke in opposition to the Business Improvement District. Bob Mandic, Mandic Motors, spoke in opposition to the Business Improvement District. He stated he had two additional letters of persons in opposition to the Business Improvement District, and he distributed the letters of opposi— tion to Council. Bill Gsllleqos, The Shed, spoke in opposition to the Business Improvement District and read names of those in opposition. Karen Pedersen, Huntington Beach Auto, spoke in opposition to the Business Improvement District and read names of those in opposition. Mike Thorn, Thorns Hammer Book Store, spoke in opposition to the Business Improvement District and read names of those in opposition. Guy GuzzardQ, Wind and Sea Surfboards at 520 Pacific Coast Highway, spoke in opposition to the Business Improvement District. John Parnakian, representing four tenants at the southeast corner of Main and Orange, spoke in opposition to the Business Improvement District. Susan Worthy, Worthy Apartments, spoke in opposition to Ordinance No. 3132. She stated it was unfair and would be a burden. Curt Byk, National Media Marketing, spoke in opposition to Ordinance No. 3132. He stated he was for the concept but that he did not believe it was proposed correctly. Mike Roberts spoke in favor of Ordinance No. 3132. Angela -Adams, Salon 218 at 224 Fifth Street, spoke in favor of Ordinance No. 3132. Suzanne Beukema, proposed Huntington Beach Downtown Parking and Business Improvement Area Assessment District, spoke in favor of Ordinance No. 3132.. She stated it had been a pleasure working with the city staff. Bob Bolen_, The Greek Real Estate, presented a map with an outlined area of those for Ordinance No. 3132 and those against Ordinance No. 3132. He spoke in opposition to the ordinance and stated he believed the people should unite In a voluntary association. Doug Ls InaQvin, property owner, spoke in opposition to Ordinance No. 3132 and stated he would be in favor of a voluntary association based on a democratic process. Ed Henning, Whittier Business Association Vice —President, spoke in favor of Ordinance No: 3132. He stated the Whittier Business Association was in their 24th year and had been successful. Natalie Kotsch, Pier Realty, spoke in favor of Ordinance No. 3132. She presented a history of the Downtown Merchants Guild founded in 1975. She stated that she believed that a voluntary organization would not work. 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 h Mayor. Page 9 - Council/Agency Minutes - 3/2/92 RECESS - RECONVENE The Mayor called a recess of Council at 9:45 p.m. The meeting was reconvened at 9:55 p.m. Public Hearing Continued - Huntington Beach Downtown Parking and Business Improvement Area Assessment District --Ordinance No. 3132 Introduction - Failed (350.50) Barbara Kaiser, Deputy City Administrator/Economic Development, thanked Suzanne Beukema and Mike Gifford. She stated that 59% opposed the formation of the Business Improvement District. A motion was made by Green, seconded by Kelly, to take no further proceedings to be taken for one year to create a Huntington Beach Downtown Parking and Business Improvement Area Assessment District. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) OPENED PUBLIC HEARING CONTINUED TO 3/16192 - SEMLIEF OLN THE GREEN PETITION FOR APPLICATION OF CVC SECTION 21107.7(a) TO PRIVATE STREETS - RESOLUT"NO. 6353 The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering a petition. for application of Section 21107.7(a) of the State of California Vehicle Code to all streets within Seacliff on the Greens, Tracts 10068, 10069, 12491, 13196 and Tentative Tract No. 10067 for vehicle violation enforcement by the Police Department. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communications or written protests were received on the matter. The City Administrator stated that staff recommended that the item pertaining to Seacliff on the Green deferred. The Mayor declared the public hearing open. The City Clerk stated that there was one person to speak and. that was Charles Garver, who initiated the matter. She requested an explanation be given to him. A motion was made by MacAllister, seconded by Kelly, to continue the item pertaining to Seacliff on the Green to March 16, 1992 to have staff. work with the Homeowners' Association and Police Department. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Page 10 - Council/Agency Minutes - 3/2/92 CO#SENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Green) Consultant Agreement, Central Library Expansion Project; (Kelly) Out of Bounds Sports Bar Denial of Entertainment Permit; (Moulton -Patterson) Final Tract Map 13439, The Dahl Co. NSENT CALENDAR - (ITEMS APPROVED On motion by MacAllister, second Kelly, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES -- APPROVED - Approved and adopted minutes of Council/Agency regular meeting of January 6, 1992 and adjourned regular and regular meetings of January 21, 1992, as written and on file in the Office of the City Clerk. (City Council) ALLIED ARTS BOARD APP2INTMMENT - APPROVED - ANNA FRIESEN (110.20) - Approved the appointment of Anna Friesen to the Allied Arts Board to complete the remaining term of Steven Schwartz through June, 1993. (City Council) TRANSFER OF FUNDS TO JAIL FOOD ACCOUNT - APPROVED (320.45) - Authorized transfer of $25,000 from the General Fund to the Jail Kitchen Supplies Account, #334244. (Cityn i I /Redevelopment Agency) NQIICE OF COMPLETION- APPROVED - MAIN STREET POST OFFICE RESTORATION PROJECT - JOSEPH CONSTRUCTION GROUP INC - CC-820 (600.80) - Accepted work completed by Joseph Construction Group, Inc., for Main Street Post Office Restoration Project for a final contract amount of $140,322.84 and authorized the City Clerk to file the Notice of Completion. (CityCouncil) AMENDMENT NO 1 TO AGREEMENT - APPRO D - 24 INCH WATER LINE RELOCATION - ADAMS AVENUE BRIDGE AT SANTA ANA RIVER — BOYLE ENGINEERING CORP - !1-804 (600.10) - Approved and authorized execution of Amendment No. 1 to Agreement between the the City and Boyle Engineering Corp. for design of pipe- line relocation for the City's twenty-four inch water transmission main cross- ing the Santa Ana River in Adams Avenue for an amount not to exceed $5,000. (City Council) RESOLUTION NO 6352 - ADOPTED - WEED ABATEMENT -FIXES MAY 4. 1992 AS PUBLIC HEARING DATE (520.80) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY, AND RUBBISH AND REFUSE DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE; AND FIXING THE TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF." Page 11 - Council/Agency Minutes - 312/92 (City.. Qu ncil) STAFF DIRECTED TO STUDY ALTERNATIVE FUNDING APPROACHES - PIER CONCISSI16_ BUILDINGS - APPROVED 1311*20) - Instructed staff to prepare a complete analysis of alternative methods of funding the pier concession build- ings for presentation to the City Council in June, 1992. Councilmember MacAllister directed staff to pursue the idea of one person building all of the buildings. (City Council) APPOINTMENT OF NEW REPRESENTATIVES - APPROVED - ORANGE COUNTY HOUSING AUTHORITY ADVISORY COMMITTEE - CHARLES P. SPENCER/GREGORY A. BROWN (150.50) - Approved appointment of Charles P. Spencer,Director of Housing, Building and Code Enforcement as representative and Gregory A. Brown, Develop- ment Specialist, as alternate representative to the Orange. County Housing Authority. (City Council /Redevelopment Agency) REDUCTION OF 30 DAY REVIEW TO 14 DAYS - APPROVED - THIRD AMENDMENT TO DEPOSITION & DEVELOPMENT AGREEMENT WITH THE WATERFRONT (600.30) - Reduced the 30-day advance review period to 14 days for the Third Amendment to the Disposition and Development Agreement for the Waterfront Project between the Robert Mayer Trust and the Redevelopment Agency of the City of Huntington Beach. (City Council) CONSULTANT AGREEMENT - APPROVED - CENTRAL LIBRARY EXPANSION PRQ1ECT - A - The MONTGOMERY CONSULTING ENGINEERS INC - CC-740 (100*10) The City Clerk presented a communication from the City Administrator dated March 2, 1992 pertaining to the Central Library Expansion Project; CC-740. A motion was made by MacAllister, seconded by Kelly, to approve and authorize execution of Professional Services Contract between the City and James M. Montgomery Consulting Engineers, Inc., for Construction Management Services for the Central Library Expansion Project, authorize the Director of Public Works to expend $419,783 to cover contract costs of $327,076, estimated change orders of $32,707 and anticipated soils and materials testing expenses of $60,000. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, NOES: Kelly ABSENT: None Councilmember Green thanked Lou Sandoval, Public Works Director, for saving the city $300.000 with agressive negotiating. Mty Council) OUT OF BW_N_DS__SPORTS BAR DENIAL OF ENTERTAIN ERMIT - ADOPTION OF FINDINGS OF FACT/CONCLUSION& DECISION (340.30) The City Clerk presented a communication from the City Attorney dated March 2, 1992 pertaining to the Out Of Bounds Sports Bar denial of entertain- ment permit adoption of findings of fact, conclusion, and decision. Page 12 - Council/Agency Minutes - 3/2/92 A motion was made by MacAllister, seconded by Kelly, to adopt the following findings of fact, conclusion and decision regarding the Out of Bounds Sports Bar denial of entertainment permit: (The vote of approval is on Page 13.) THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA IN THE MATTER OF: ) FINDINGS OF FACT, CONCLUSION, AND DECISION OUT OF BOUNDS SPORTS BAR } On January 21, 1992, the City Council of the City of Huntington Beach, at a regular meeting thereof and in an open hearing, heard argument and public comments as to whether the denial of Out of Bounds Sports Bar's entertainment permit should be affirmed or not, as provided in Huntington Beach Municipal Code section 5.44.070. The City Council was represented and advised by Gail Hutton, City Attorney and Out of Bounds Sports Bar was represented by Ron Talmo, attorney at law. 1. The City Council finds that the entertainment permit of the Out of Bounds Sports Bar is a nuisance to neighboring residents because patrons drawn to the premises by the entertainment have severely disturbed and annoyed such residents in that such patrons have yelled, shouted, fought among each other, urinated, damaged or stolen real and personal property, strewn refuse and condoms, increased traffic on residential streets, screeched tires, disturbed sleep with loud vehicle noise, bothered residents, and trespassed on private residential property. 2. The City Council further finds that entertainment presented at the Out of Bounds Sports Bar has been a nuisance to neighboring residents because loud music disturbs neighboring residents. 3. The City Council further finds that entertainment at the Out of Bounds Sports Bar is a nuisance to neighboring residents because the available parking spaces are completely insufficient to accommodate its patrons, causing them to park their vehicles on residential streets or private property. 4. The City Council further finds that patrons of the entertainment at the Out of Bounds Sports Bar have been a frequent source of complaints to Huntington Beach Police Department for drunkenness in public, fighting and confrontations with police. The percentage of calls has been greater to Out of Bounds Sports Bar than for other similar -sized bars. 5. The City Council further finds that Out of Bounds Sports Bar has abused its permit by serving alcoholic beverages to underaged persons. CONCLUSION Therefore, the City Council of the City of Huntington Beach concludes that the proposed entertainment will be detrimental to the public welfare. DECISION �j Page 13 - Council/Agency Minutes - 3/2/92 WHEREFORE, the City Council of the City of Huntington Beach denies Out of Bounds Sports Bar's appeal from the denial of its entertainment permit. Mayor ATTEST: APPROVED AS TO FORM: City Clerk REVIEWED AND APPROVED: /s/ Michael Uberuaga City Administrator / / Gail Hutton City Attorney The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, NOES: Kelly ABSENT: None sty CounCi 1) FINAL TRACT MAP 13439, BEING ALL OF TT MAP 13439 - APPROVED - THE DAHL CO - S/0 ELLIS - W/O GOLDEN14EST - SUBDIVISION AGREEMENT 0W The City Clerk presented a communication from the City Administrator pertain- ing to Final Tract Map 13439, being all of Tentative Tract No. 13439, and bonds and agreements for Tract 13439. Following discussion, a motion was made by Silva, seconded by Kelly, to approve Final Tract Map 13439, being all of Tentative Tract 13439, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Government Code, accept offer of dedication and improvement subject to completion of requirements stipulated, on property located on the 1,000 feet south of Ellis approximately 700 feet west of Goldenwest; examine and certify by the Director of Public Works and the Secretary to the Planning Commission as being substan- tially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 10; Lots: 35 (7 lettered lots), Developer: The Dahl Company, 505 Park Avenue, Balboa Island, CA 92662, adopt map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; the Park and Recreation fees shall be paid prior to the City's release of the map for recordation; drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; the Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map and further accepted Monument Bond No. 3SM77420900, Faithful Performance Bond No. 3SM77420800, Labor and Material Bond No. 3SM77420900 and approve and authorize execution of the Subdivision Agreement between the City and Central Park #9 and further instruct the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for Page 14 - Council/Agency Minutes - 3/2/92 recordation until the aforementioned conditions have been met. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Councilmember Winchell requested that staff address other issues raised per- tai nkd7o tracts other than this and for staff to deal with those and return to Council on remaining problems in older tracts, landscaping, trails, drainage, and so on. (City Council) UPDATE TO SEPTEMBER 3 1991 MEETING REGARDING CASCADE LANE AREA TRAFFIC CONDITIONS - SIX MATH INSTALLATION OF BARRIERS ON SHASTA & WHITNEY APPROVED - STAFF TO RETURN WITH �JQP SIGN EVALUATION (580.50) The City Clerk presented a communication from the Director of Public Works regarding traffic conditions resulting from placement of STOP controls at several intersections within the Cascade Lane area. Communications were received February 25, 1992 from Frederick Spates and Claudia Spates. The Public Works Department presented a staff report. Jim Otterson, Traffic Engineer, reported on the issue. A motion was made by Moulton -Patterson, seconded by Green, to install Barrier "C" on Shasta Lane and Barrier "D" on Whitney Drive and to re-evaluate in six months. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, Kelly NOES: MacAllister ABSENT: None Bob Eichblatt, City Engineer, reported on the Hoover-Gothard connection. A motion was made by Kelly, seconded by Green, to direct staff to return to Council with recommendations for adjustments that would be needed for poten- tial removal of stop signs that are in existence now. The motion carried by the following roll call vote: AYES: Robitaille, Moulton --Patterson, Winchell, Silva, Green, Kelly NOES: MacAllister ABSENT: None Councilmember Ro�itaille left the meeting. (340.70) The City Clerk presented a communication from Deputy City Administrator/Econ- omic Development transmitting a Report on CDBG Funding of Public Services Activities and Project Self -Sufficiency and submitting options for funds due 7 to HUD and options for Project Self -Sufficiency Funding. Page 15 - Council/Agency Minutes - 3/2/92 The following additional material had been distributed by staff: PSS Funding bons and 'DBG Payback 0 tp ions. Barbara Kaiser, Deputy City Administrator/Administrative Services, presented a staff report. A motion was made by Winchell, seconded by MacAllister, to approve Option 1. Following discussion, a substitute motion was made by Winchell, seconded by MacAllister, to allocate to the Human Resources Board Public Service 15% CAP $213,850. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: Robitaille (City Council) PIER BUILDINGS - MATERIALS SELECTED - COPPER ROOF-__TERRAZ�A EXTERI R (240.20) The City Clerk presented a communication from the Director of Public Works regarding the need to approve materials and colors for the pier buildings prior to proceeding with the construction drawings. The Public Works Director presented a staff report. A motion was made by MacAllister, seconded by Kelly, to select copper for the roof and terrazzo for the exterior of the five pier buildings. The motion carried by the following roil call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: Robitaille (City Councl)FIVE _PQTNTSVILLA SENIOR CITIZEN PROJECT _ -w DEFERRED INDEFINITELY - REQUEST FOR WAIVER AND DEFERMENT OF DEVELOPMENT FEES The City Clerk presented a communication from the Director of Community Development regarding a request by Institutional Property Investors, Inc. developer of a 164 unit senior citizen apartment project located at Main and Florida Streets, for waiver of a portion (167,868.00) of Park and Recreation Fees ($197,296.00) and a deferment of remaining ($29,428.00) portion together with $34,540 traffic Impact Fee and $4,324.20 of Library Fees until completion of projects construction. The City Administrator stated that Mr. Michelson, President, Institutional Property Investors, Inc., had requested that the item pertaining to the Five Points Villa Senior Citizen Project be deferred. A motion was made by MacAllister, seconded by Kelly, to defer indefinitely the item pertaining to the Five Points Villa Senior Citizen Project. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Green, MacAllister, Kelly NOES: None ABSENT: Robitaille (Silva - out of the room) Page 16 - Council/Agency Minutes - 3/2192 (City Council) SELECTION OF FIVE BUSINESS REPRESEE14TATIVES FOR THE COMMITTEE TO REVIEN CARTS/KIOSKS. SIDEWALK SALES & OUTDOOR VENDORS - APPROVED (110.20) The City Clerk presented a communication from Ray Silver, Assistant City Administrator, regarding selection of five downtown business representatives to review carts/kiosks, sidewalk sales and outdoor vendors. A motion was made by MacAllister, seconded by Green, to approve the Council Committee's recommendation to appoint the following five downtown business representatives for the issue of placement of carts/kiosks in the downtown: Nancy Wylie, Marilyn Salem, Thomas Bagshaw, Ari Gati and Charles Ailey. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: Robitaille (City Council) ORDINANCE NO. 313] - ADOPTED - LEAF BLOWERS (420.20) The City Clerk presented Ordinance No. 3131 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.40 TO INCLUDE REFERENCES TO LEAF BLOWERS." The City Clerk presented a letter from Klean-Rite Sweeping Service dated February 17, 1992. A motion was made by Winchell, seconded by Green, to adopt Ordinance No. 3131. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green NOES: MacAllister, Kelly ABSENT: Robitaille (City Council) ORDINANCE NO 3133 - CONTINUED UP TO 60 DAYS - SPEED LIMITS (580.60) The City Clerk presented a communication from the City Administrator dated March 2, 1992 pertaining to a city-wide speed limit ordinance. The City Clerk presented Ordinance No. 3133 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO SPEED LIMITS." A motion .was made by MacAllister, seconded by Green, continue Ordinance No. 3T33 to a reasonable time.within the next sixty days. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Silva, Green, MacAllister, Kelly NOES: Winchell ABSENT: Robitaille 1 Page 17 - Council/Agency Minutes - 3/2/92 STAFF FOLLOW-UP REQUESTED FOR PROPOSED SIGNAL AT ATLANTA/MAGNOLIA Councilmember Moulton -Patterson requested staff to follow-up on the proposed signal at Atlanta/Magnolia/Greenfield area. The Public Works Director.stated he would follow-up and contact Mr. Brawerman, who had spoke during Public Comments. STAFF REPORT REQUESTED - PROPOSED SIGNAL AT ATLANTA/MAGNOLIA Councilmember Winchell requested a staff report on the proposed signal at the Atlanta/Magnolia/Greenfield area. PACIFIC COAST HIGHWAY RE: BICYCLE LANE In answer to Councilmember Winchel1's inquiry, the City Administrator stated the issue pertaining to bicycle lanes on Pacific Coast Highway would be on the March 16, 1992 agenda. STAFF DIRECTION GIVEN RE: TRACTS IN ELLIS/GOLDENWEST AREA Councilmember Winchell requested staff to follow through on things not done in tracts in the Ellis/Goldenwest area. STAFF REQUESTED TO CHECK TRAFFIC FLOW AT ATLANTAIMAGNOLIA/GREENEIELD AREA Councilmember Green requested the Public Works Director to check the internal traffic flow in the area of Atlanta/Magnolia/Greenfield area regarding a possible ingress and egress to take some traffic off Atlanta. MONTHLY STAFF REPORT REQUESTED RE: HOOVER-GOTHARD CONNECTION Mayor Silva requested a staff report on the proposed Hoover-Gothard connection the first of every month. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Silva adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, March 16, 1992 at 5:30 P.M. in Room B-8, Civic Center. ATTEST, 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 Mayor/Chairman ,4.0