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
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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