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Home My WebLink About1992-03-16 (14)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Chamber Huntington Beach, California Monday, March 16, 1992 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Silva 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 COUNCT U REDEVELOPMENT AGENCY ROLL CALL PRESENT: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly ABSENT: None (City Council) DISCUSSION HELD RE: PUBLIC HEARING - SEAC IFF ON THE GREEN PETITION FOR APPLICATION OF CVC SECTION 21107.7(a) TO PRIVATE STREETS - RESOLUTION N0. 6353 1100.50) In response to Councilmember Green's inquiry pertaining to revenue enhance- ment, Police Chief Lowenberg stated there would be parking enforcement that would recoup costs. DISCUSSION HELD RE: PUBLIC HEARING - THIRD AMENDMENT TO DISPOSITION & DEVELOPMENT AGREEMENT - ROBERT L. MAYER TRUST & WATERFRONT CONSTRUCTION NO. 1 - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) Discussion was held between Council and staff pertaining to the Third Amend- ment to the Disposition and Development Agreement. (City Council) DISCUSSION RE• UPGRADE OF JAIL SECi1RITY SURVEILLANCE & ALARM SYSTEMS - POLICE DE PT (320.45) In answer to Councilmember Kelly's inquiry, the Police Chief stated the requested appropriation would upgrade the present standards. (City Council) DISCUSSION HELD RE: APPROPRIATION OF FUNDS - FEASIBILITY STUDY OF LAW ENFORCEMENT REGIONAL AIR SUPPORT CONCEPT - ALLAN CONSULTING GROUP/POLICE DEPT (320.45) In answer to Councilmember Kell)±'.s inquiry, the Police Chief stated that helicopters are first on the scene and can assess the number of units that would be needed. 21 Page 2 — Council/Agency Minutes — 3/16/92 Discussion was held between staff and Police Chief Lowenberg pertaining to the experimental study phase of regional air support. Council)DISCUSSION HELD R T ROOMS CONCEPTUAL PLAN (275.20) Discussion was held between Council and the Community Services Director per— taining to the construction material used for the rest rooms. (City un i1 DISCUSSION HELD RE: AGREEMENT — OPERATION OF PLERRU-N-1992 RACE PACE (600.10) In answer to Councilmember MacAllister's inquiry, the Community Services Director stated the pier run event was self—supporting. In answer to Councilmember Winchell's inquiry, the Community Services Director stated there would be no alcohol or tobacco sponsors. (City Counci l') _ DISCUSSION HELD RE: NOTICE OF WM_PLETION-STORM DRAIN SYSTEM — CC-770 & DESILTATION STRUCTURE — PHASE I — CC-745 — HUNTINGTON L.AKE,.LOQATED WITHIN THE CENTRAL PARK EQUESTRIAN CENTER — GILLESPIE CQNSTRUCTION INC (600.60) Councilmember Winchell requested that at the 7 p.m meeting additional informa— tion regarding phasing be provided by the Public Works Director. City Council) DISCUSSION HELD RE: RESOLUTION OF INTENTIONNO:. 6356 — VACATION IN TRACT NO. 5322 --PUBLIC MRINS_SCHEDULED FOR APRIL 6. 1992 (800.50) In answer to Councilmember Winchell's inquiry, the Public Works Director stated there had been a vandalism problem and that the property owner would install a barrier. i n it DISCUSSION HELD RE: SUPPLEMENTAL AGREEMENT N. 1 !Q EXISTIN AGREE MENT _BETWEEN THE CITY & MOORE & RUTTER FOR REPRESENTATION IN THE PACIFIC ENVIR DE I LAWSUIT (600.10) In answer to Councilmember Moulton—Patterson's inquiry, the City Attorney stated that negotiations had been successful. (City_ Council) DISCUSSION HELD RE: NOTICE OF COMPLETION — BLUFF TOP LAND— SCAPE IMPROVEMENT — PHASE V — AMERICAN LANDSCAPE INC— CC-78 (600.65) In answer to Councilmember Robitaille's inquiry, the Public Works Director stated the Bluff Top Landscape Improvements project was completed and accepted. (City Council)DISCUSSION HELD RE: POLICY GUIDELINES — PREPARATION OF 1992/93_GENERAL FUND BUDGET (320.30) Councilmember Kelly complimented the Bob Franz, Deputy City Administrator/ Administration, on the staff report. Page 3 - Council/Agency Minutes - 3/16/92 A discussion was held between Council and staff pertaining to the differences of the Budget Review Task Force recommendations and the recommendations pre- pared by staff. Councilmember Moulton --Patterson stated that she would like it emphasized to the general public at the 7 p.m meeting that the city cutback is in city ser- vices and not fees imposed on the public. l(City Council) DISCUSSION HELD RE: MAIN S REET PUBLIC IMPROVEMENTS - ARTISTIC LANDSCAPE (600.50) In answer to Councilmember Robitaille's inquiry, the Public Works Director stated the people on Main street support the phased construction option of the project. (City Council) DISCUSSION HELD RE: FIVE POINTS VILLA SENIOR CITIZEN PRQJECT REQUEST MR NAIVER AND DEFERMENT OF DEVELOPMENT FEES (600.10) Discussion was held between Council and staff pertaining to development fees for the project. (City Council) DISCUSSI HELD RE: ORDINANCE NO, 3128 - HOLLY-SEACLIFF SPECIFIC PLAN (440.50) Discussion was held between Council and staff pertaining to affordable housing. 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 Chairman 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 negotia- tions with Orin G. Berge Jr, Pacific Beach Company Inc, concerning the purchase/sale/exchange/lease of property located between Center Avenue & I-405 Freeway - AP NO. 142-311-34 & 142-071-92. (120.80) The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.1 to give instructions to its negotiator regard- ing negotiations with Huntington Beach Auto Dealers on proposed Electronic Reader Board Signs. (120.80) Page 4 - Council/Agency Minutes - 3/16/92 RECESS_- RECONVENE The Mayor called a recess of Council at 6:30 p.m. The meeting was reconvened at 6:55 p.m. ADJOURNMENT - COUNCIL/REDEVELOPMfENT AGENCY Mayor Silva adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 7 p.m., Monday, March 16, 1992, Council Chamber. 1� Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington B ach, California ATT City Clerk/Clerk Mayor/Chairman Q41 L, MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, March 16, 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 at 7 p.m. ROLL CALL PRESENT: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly ABSENT: None FLAG CEREMONY AND JNMTION The Flag Ceremony and invocation was conducted by the Cub Scout Webelos, Pack 404, Den #7, Marine View School, Julie Killeen, Den Leader. PROCLAMATION - "EARTHQUAKE PREPAREDNESS MOIN" - MARCH 1922 Mayor Silva presented a proclamation designating April 1992 as "Earthquake Preparedness Month." PUBLIC COMMENT Jahn Carney stated. he was present to protest Resolution of Intention No. 6355, vacation of portion of Coral Cay Lane. George Arnold stated he believed the pier run was a waste of tax dollars. He stated that there were city parking meters in need of replacing. Jark B wl n , Home Council, suggested the use of Channel 3 as a resource to conduct a series of public meetings with senior staff members to explain to citizens what services the city offers and also to have a question and answer session. He stated he had met with the City Administrator regarding this proposal. Mayor Silva expressed agreement with the idea of having public meetings for public information. David Tamarin thanked Council for adding plans for a street light at Atlanta Avenue and Greenfield Lane to the list of planned locations. 205 Page 2 — Council/Agency Minutes — 3/16/92 Richard H rl w thanked staff for the item on the agenda that pertained to the Main Street public improvements. He stated he had met with property owners who expressed support for this item. Larry Smith spoke pertaining to employee wages and the Brown Act. Don Harvey spoke in favor of bike lanes on Pacific Coast Highway. Ken Ostrowski spoke in opposition to barricades "C" and "D" on Cascade Lane stating that he did not believe it would solve the problem but would put children's lives at risk. He suggested Barricades A or B, speed dumps or a collapsible barricade. Dwight Younq spoke against widening Pacific Coast Highway. Don Shu-sta stated that he believed that bicyclists needed a dedicated lane to commute safely. Walter Long stated he believed that Cal —Trans was in the wrong to decide what was best for bicyclists and motorists. He questioned the 1986 Environmental Impact Report and stated it could be wrong. Jack Salem and Robert Potter, Jack's Bicycle Center, spoke in support of a bike path on Pacific Coast Highway. DD4vid Deramo, Marilee Hutton, Kathy Sha it , Melinda Mott, Joe Hazelett, Norman Nager, Jenifer Sexton, Albert Perez, Ramon Rosas, Cathy Kanode, David nderwo d, David Rosso, and John Hegedus urged Council to reconsider the bike lanes on Pacific Coast Highway. Mike Mott objected to the staff report and spoke regarding the right—of—way that has disappeared. Rick Anderson presented slides showing where Pacific Coast Highway is signed as a bike route and spoke in support of the bike lanes on Pacific Coast Highway. Ed Schatzman, McDonnell Douglas Commuter Bike Club President, and Donald Buchman, Commuter Bike Club member, spoke in support of the bike lanes on Pacific Coast Highway. He presented the policies of the air quality movement at McDonnell Douglas and stated that safety on the roads was his main concern. Ruth Barnes, California Association of Bicycling Organizations, and Vincent Alvarez, Athletes for Air Quality, spoke in opposition of restriping Pacific Coast Highway. Regina Sternberg spoke in support of allowing dogs on the designated dog beach. CITY ADMINISTRATOR'S REPORT Bicycle Lanes on Pacific Coast Highway The City Administrator stated the City Attorney and Public Works Director would review the contract with Cal —Trans. 206 Page 3 - Council/Agency Minutes - 3/16/92 ResolUtion of Intention No. 6355,Vacation f Portion Qf CQral Cay Lane In reference to 1phn Carney's comment made pertaining to Resolution of Inten- tion No. 6355, vacation of portion of Coral Cay Lane, the City Administrator stated the item would be taken off the calendar. h nn 1 - City -Services In reference to Jack Bowland's comment made pertaining to the suggested use of Channel 3 to explain city services, the City Administrator stated he was in agreement with Mr. Bowland's suggestions. Policy Guidelines. Pr r i n i 92/93 General Fund Budget Pertaining to the item on Policy Guidelines, Preparation of 1992/93 General Fund Budget, the City Administrator stated there was a lack of understanding of the budget and the services the city provides. He stated that the city salaries would be discussed during the General Fund Budget review. Scheduled. Meetings_ The City Administrator stated the following meetings were scheduled: 7 p.m., April 1 - Revising General Plan 7 p.m., April 8 - Community Work Shop, Bolsa Chica, Room B-8 April 6 - Study Session -Planning Commission and City Council Re: School District Issues April 6 - Affordable Housing Policies Discussion of Pier Plaza Project with City Council - date undetermined Cascade, Lane The City Administrator stated that staff was working on the Cascade Lane problem, and it would be on the agenda soon. �1VA71 GiVIL I i I �_§ F.1 i i IN �_v III n IIIIII WWII I Z7 STREETS — RESOLUTWN_NO. 6353. (800.50) The Mayor announced that this was the day and hour set for a public hearing continued from March 2, 1992 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 published and posted. No communications or written protests were received on the matter. The City Clerk presented Resolution No. 6353 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING PRIVATELY -OWNED STREETS IN SEACLIFF ON THE GREENS TRACTS SUBJECT TO PROVISIONS OF STATE VEHICLE CODE," Police Chief Lowenberg presented a staff report. 20. Page 4 - Council/Agency Minutes - 3/16/92 Councilmember Winchell requested staff to do an analysis of the problem so the city does not duplicate the problems in other communities planned in the city. The Mayor declared the public hearing open. Lew Avera, Seacliff on the Green Homeowners' Association President, urged Council to support Resolution No. 6353. He stated the resources were not available to police the area and that the cost would be offset by speeding ti ckets . Charles Garver stated he believed it was a dangerous situation with narrow roads and people not observing the speed limit. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Robitaille, seconded by Winchell, to postpone at this time any action in regard to Resolution No. 6353 to allow staff to return to Council as soon as possible with a study regarding the issues inherent to this whole problem and recommendations specifically about this tract and recommen- dations about further tracts. The motion carried by the following roll. call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, NOES: None ABSTAIN: Kelly ABSENT: None RECESS - RECONVENE The Mayor called a recess of Council at 9:10 p.m. The meeting was reconvened at 9:25 p.m. PUBLIC FINANCING AUTHORITY ROLL CALL PRESENT: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly ABSENT: None JOINT MEETING - COUNCIL/REDEVELOPMENT AGENCY - HB PUBLIC FINANCING AUTHORITY Chairman Silva announced that a joint meeting of the City Council/Redevelop- ment Agency and the Huntington Beach Public Financing Authority had been called. PUBLIC HEARING - THIRD AMENDMENT TO DISPOSITION & DEVELOPMENT AGREEMENT - APPROVED - RES NOS 6357 & 223 - ADOPTED - ROBERT L. MAYER TRUST & WATERFRONT CONSTRUCTION NO. 1 - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering approval of the Third Amendment to the Disposi- tion and Development Agreement by and among the Redevelopment Agency of the City of Huntington Beach and Robert L. Mayer Trust and Waterfront Construction L� i 205 No. 1. Page 5 - Council/Agency Minutes - 3/16/92 Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. The City Administrator presented a staff report. The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Council Resolution No. 6357 for Council adoption -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSENTING TO THE APPROVAL OF A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREE- MENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, ROBERT L. MAYER, AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982, DATED JUNE 22, 1982, AS AMENDED, AND WATERFRONT CONSTRUCTION NO. 1, A CALIFORNIA LIMITED PARTNERSHIP, AND MAKING OTHER FINDINGS. -- The Clerk presented Agency Resolution No. 223 for Council adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROV- ING A THIRD AMENDMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, ROBERT L. MAYER, AS TRUSTEE OF THE ROBERT L. MAYER TRUST OF 1982, DATED JUNE 22, 1982, AS AMENDED, AND WATERFRONT CONSTRUCTION NO. 1, A CALIFORNIA LIMITED PARTNERSHIP, AND MAKING OTHER FINDINGS." A motion was made by Green, seconded by MacAllister, to: 1. Adopt Council Resolution „No. 6357 and Agency Resolution No. 223, 2. Authorize Clerk/City Clerk and Chairman/Mayor (or designee) to execute Amendment No. 3 to the Disposition and Development Agreement between the Redevelopment Agency and Robert L. Mayer, Trustee of Robert L. Mayer Trust and Waterfront Construction No. 1. 3. Approve Notice of Exemption as environmental review of the proposed Disposition and Development Amendment. 4. Approve in concept the offer of J. P. Morgan Bank (underwriters for the Agency's refinancing bond issue) to make a temporary loan (up to 6 months) to the Agency of $4,300,000 (net loan) to be used by the Agency to pay it's obligations under the amended DDA and direct staff to prepare appropriate loan documents for subsequent Agency approval. Loan to be repaid from proceeds of the Agency's refinancing bond issue as approved on March 2, 1992. The motion carried by the following roll call vote: AYES: Robitailie, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None AD RNMfNT_- HB PUBLIC FINANCING AUTHORITY The Chairman adjourned the regular meeting of the Huntington Beach Public Financing Authority. 29.; Page 6 — Council/Agency Minutes — 3/16/92 RECESS — RECONVENE The Mayor called a recess of the meeting at 9:10 p.m. The meeting was reconvened at 9:25 p.m. CONSENT CALENDAR — (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Silva) Feasibility Study of Law Enforcement Regional Air Support Concept; Resolution of Intention No. 6355; (Winchell) Amendment to provide a time extension to the Agreement between the State and the City for design of improvements on Pacific Coast Highway from Brookhurst Street to Beach Boulevard. ONSENT CALENDAR CITEMS APPROVED On motion by Kelly, second Moulton —Patterson, 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 adjourned regular meetings of January 27, 1992 and February 10, 1992 as written and on file in the Office of the City Clerk. Councilmembers Moulton —Patterson and MacAllister abstained from the approval vote of the February 10, 1992 minutes. k%, I L 31 Wu11 C. I I J urUnnUC Vr %lnlL JL4un1 1 1. JuF%V_CiL.Lnl\VG M nLnnreay a l u_ 4 - LICE DEPT — APPROVED (320.45) — Appropriated $5,000 from the General Fund Unappropriated Fund Balance to Account No. 339433 for upgrade of jail security, surveillance and alarm system. (City -Council) MAIN PROMENADE T RQOS CONCEPTUAL PLAN — APPROVED (275.20) — Approved the concept presented for Main Promenade Parking Structure rest rooms and directed staff to move forward with the preparation of plans and specifications. (City Council) AGREEMENT — APPROVED — OPERATION OF PIER RUN 1992 — RACE PACE (600.10) — Approved and authorized execution of Agreement between the City and Race Pace for the 1992 Huntington Beach Pier Run, authorized the utilization of $40,000 from existing funds in Appropriations Account No. E—PG—AS-154-637 for transfer into Expense Account No. E—PG--AS-302-390 to pay Race Pace to conduct the 1992 Huntington Beach Pier Run. (The appropria— tion account will be reimbursed with proceeds from the event) 210 Page 7 - Council/Agency Minutes - 3/16/92 (City Council) - TRACT NO. 13087 - APPROVES— GUARANTEE & WARRANTY BOND PA III T HI H TWN TH 1 TH STREETS - K DEVEL PMENT (108) - Released the Guarantee and Warranty Bond for Tract No. 13087 and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. (City CQljncil)KATCHING FUNDS FROM ORANGE HTY BIND TRANSPORTATI N FUNDING PROGRAM - STREET REPAIR/REHABILITATION/WIDENING - RESOLUTION_ NO. 6354 - ADOPTED (800.45) - "A RESOLUTION OF THE HUNTINGTON BEACH CITY COUNCIL REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF HUNTINGTON BEACH ROADS." (City Council) BID AWARD - APPROVED - METER BOX REPLACEMENTS AT VARIOUS LOCATIONS - PARK RQSE q&STRUCTION INC- W -D 7 (600.75) - Accepted the low bid of Park Rose Construction, Inc. in the amount of $39,000 for meter box replacements at various locations, authorize the Director of Finance to encumber $1,500 for anticipated project incidentals, authorize the encumbrance of an additional $3,900 for construction contingencies hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Park Rose Construction, Inc. $39,000.00 JKZ Constructors 42,250.00 Russell Engineering 47,250.00 (City Council) NOTICE OF COMPLETION - APPROVED - STORM DR61N SYSTEM - CC--770 DESILTATION TR RE - PHASE I - -74 - HUNTINGTON LAKE L TED WITHIN THE CENTRAL PARK EOUESTRIAN CENTER - GILL_ESPIE CONSTRUCTION INC (600.60) - Accepted work completed by Gillespie Construction, Inc. for construction of storm drain system and desiltation structure, Phase I, for Huntington Lake located within the Central Park Equestrian Center for a final contract cost of $305,554.90 and authorize the City Clerk to file a Notice of Completion. (City Council) RESOLUTION OF INTENTION N0. 6356 - ADOPTED - VACATION IN TRACT NO. 5322 -- PUBLIC HEARING -SCHEDULED FOR APRIL 6. 1992 (800.50) - "A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING NOTICE OF INTENTION TO VACATE AN EASEMENT FOR PUBLIC RIGHT OF WAY PURPOSES OVER AN ALLEY WITHIN TRACT NO. 5322 LOCATED TO THE WEST OF BELL CIRCLE." (Cityn '1 FOURFOURIH gf JULY BOARD APPOINTMENT - APPROVED - KAREN PEDERSEN (110.20) - Approved the appointment of Karen Pedersen to fill the vacancy of James Haney on the Fourth of July Board for the remainder of a term which expires August 31, 1994. (Cityit T OF AMICUS CURIAE BRIEF CONCERNING GOVERNMENT IMM NITY FOR NATURAL CONDITION --APPROVE (630 v 0) - Authorized the City Attorney to join in the Amicus Curiae Brief in support of the appeal of this case. Amicus Curiae is Latin for "Friend of the Court" and describes a situation where a person or entity, not a party of the litigation, may join in a brief in the court. This is generally done in cases such as this, where there are mattery of broad public interest. (Re: The appeal of Small vs Orange County.) I Page 8 — Council/Agency Minutes — 3/16/92 (City Council) ALLIEDRTS BOARD RESIGNATION — APPROVED — ELAINE E. KEELEY (110.20) — Accepted the resignation of Elaine E. Keeley from the Allied Arts Board whose term will expire on June 30, 1993. (City Council) SUPPLEMENTAL AGREEMENT NO. 1TQ EXISTING AGREEMENT BETWEEN THE CITY & MOORE & RUTTER FOR REPRESENTATION IN THE PACIFIC ENVIRO DESIGN LAWSUIT — APPROVED (600.10) — Approved and authorized execution of Supplemental Agreement No. 1 to the Legal Services Agreement between the City and the law firm of Moore and Rutter to provide representation in the Pacific Enviro Design Lawsuit. (City Council) NOTICE OF COMPLETION — APPROVED_— BLUFF TOP LANDSCAPE IMPROVE— MENTS — PHASE V — AMERICAN LANDSCAPE INC — CC-780 (600.65) — Accepted work completed by American Landscape for construction of landscape improvements along the ocean side of Pacific Coast Highway, north of Golden West Street, for a final contract amount of $1,171,741.59 and authorized the City Clerk to file a Notice of Completion. (City Council) AGREEMENTS — APPROVED — STATE ENERGY RESOURCES CONSERVATION - DEVELOPMENT COMMISSION — PROCUREMENT OF METHANOL FUEL VEHICLES (600.20) — Approved and authorized execution of agreements between the City and State Energy Resources Conservation and Development Commission for procurement of five methanol fuel vans and eight methanol fuel sedans. (City has received $150,000 grant money from SCAQMD for the purpose of procuring vehicles.) (City Council) REQUEST FOR FUNDING ASSISTANCE FOR SENIOR CLASS NON—ALCOHOLIC & DRUG FREE GRAD � _HT CELEBRATION FESTIVITIES AT LOCAL HIGH SCHOOLS (320.45) — Authorize $4,000 in financial assistance from the Police Narcotic Asset Forfeiture Fund and direct the Chief of Police to provide four checks in the amount of $1,000 which will be presented by Mayor Silva to each of the four city high schools — Huntington Beach, Edison, Marina and Ocean View. (City Councill NOTICE OF COMPLETION — TRAFFIC SIGNAL INSTALLATION — MAIN STREET & DELAWARE —__F J JOHNSON INC — CC-791 (600.55) — Accept work completed by F. J. Johnson, Inc., for work related to the installation of traffic signal at Main Street and Delaware Avenue for a total contract cost of $108,753.38 and authorize the City Clerk to file a Notice of Completion. (CityCouncil)APPROPRIATION OF FUNDS — APPROVED — FEASIBILITY STUDY OF LAW ENFORCEMENT REGIONAL AIR SUPPORT CONCEPT — ALLAN CONSULTING GROUP/POLICE DEPT (320.45) The City Clerk presented a communication from the City Administrator pertain— ing to the appropriation for consulting services for the Feasibility Study of Law Enforcement Regional Air Support Concept. 2 `' Page 9 - Council/Agency Minutes - 3/16/92 A motion was made by MacAllister, seconded by Kelly, to authorize an appropri- ation in the sum of $9,000 from the Narcotic Forfeiture Fund to the A11an Con- sul ti ng Group to conduct a feasibility study of law enforcement regional air support concept. (This cost is one-third of the total overall cost of $27,000 of which the other two-thirds has been paid by the City of Costa Mesa and the County of Orange.) The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Green, MacAllister, Kelly NOES: Silva ABSENT: None (City Council) AMENDMENT TO PROVIDE A TIME EXTENSI T THE AGREEMENT BETWEEN THE STATE AND THE CITY FOR DESIGN OF IMPROVEMENTS ON PACIFIC COAST HIGHB Y FROM BROOKH RST STREET IQ BEACH BOULEVARD -- TRAILED (600.20) The City Clerk presented a communication from the City Administrator pertain- ing to the Amendment to provide a time extension to the Agreement between the State and the City for the Design of Improvements on Pacific Coast Highway from Brookhurst Street to Beach Boulevard. A motion was made by Winchell, seconded by Green, to trail the item pertaining to the Amendment to Agreement between the City and State of California to extend the termination date of the agreement for the design of improvements on Pacific Coast Highway from Brookhurst Street to Beach Boulevard to follow the item pertaining to bicycle lanes on Pacific Coast Highway. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) RESOLUTION OF INTENTION NO 6355 - VACATION OF PORTION OF CORAL CAY LAME - PUBLIC HEARING SCHEDULED FOR APRIL 6. 1992 -- APPROVED (800.50) The City Clerk presented a communication from the City Administrator pertain- ing to a street vacation on Coral Cay Lane. The City Clerk presented Resolution of Intention No. 6355 for Council adop- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING NOTICE OF INTENTION TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF CORAL CAY LANE NORTH OF BLUEWATER LANE." The Public Works Director reported. A motion was made by MacAllister, seconded by Robitaille, to adopt Resolution of Intention No. 6355. 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 - 3/16192 (City Council) POLICY GUIDELINES - APPROVED AS AMENDED - PREPARATION OF 1992/93 GENERAL FUND OUDGET (320.30) The City Clerk presented a communication from Robert Franz, Deputy City Admin- istrator, regarding establishment of Policy Guidelines for Preparation of 1992/93 General Fund Budget. The City Administrator summarized the policy guidelines and recommendation. A motion was made by Winchell, seconded by Green, to: 1. Instruct the City Administrator to present a balanced General Fund Budget for 1992/93 by reducing expenses by at least $3 million (60% of estimated $4,986,925 shortfall) and utilize revenue enhancements to address the balance of the estimated shortfall. 2. Adopt strategies for preparation of the 1992/93 budget as set forth in Attachment I of the RCA dated 3/16/92 3. Schedule a special study session for Monday, April 27, 1992 to review the issues of infrastructure maintenance/replacement and implementation of the Management Services Institute (MSI) System. 4. Instruct the Finance Director to place any PERS refund/credit resulting from AB 702 in a reserve account pending the result of litigation on the refunds. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None A motion was made by MacAllister, seconded by Silva to direct staff to work towards an ultimate goal of 70% reduction of costs and 30% increase in fees. The motion FAILED by the following roll call vote: AYES: Silva, MacAllister, NOES: Robitaille, Moulton -Patterson, Winchell, Green, Kelly ABSENT: None A motion was made by MacAllister, seconded by Silva, to include the current hiring freeze to be continued until at lease December 2, 1992, for all General Fund positions, exceptions to require approval by City Administrator. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Silva, MacAllister, Kelly NOES: Robitaille, Winchell, Green ABSENT: None A motion was made by Kelly, seconded by MacAllister, to direct the City Admin- istrator to continue evaluation of expense reductions as a primary budget balancing technique particularly in the area of services that may be redundant, may not be necessary, and at the end of that service may not have a 214 Page 11 - Council/Agency Minutes - 3/16/92 productive value to the community. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (Robitaille - out of the room) 10-ty Council)IN STREET P B IMP EMENT - ARTI511C LAND PE - STAFF RECOMMENDATION APPROVED (600.50) The City Clerk presented a communication from the Director of Public Works regarding the concerns of the merchants along Main Street relative to the time frame of the Main Street Public Improvements. Lou Sandoval, Public Works Director, presented a staff report. Bob Eichblatt, City Engineer, reported. A motion was made by Kelly, seconded by Moulton -Patterson, to: 1. Authorize Staff to direct the Contractor to perform the Main Street Project in a phased manner, with construction to take place only between May 4th and June 12th, 1992, and between September Sth and November 25th, 1992. 2. Authorize the staff to execute a Change Order for the phased construction in the amount of $64,500. The motion carried by the following roil call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (Cityi1 LE NE N PACIFIC 08ST HIGHKAY - MUNCIL QMMITTEE FORME (930.20) The City Clerk presented a communication from the Director of Public Works regarding the widening of Pacific Coast Highway and the requests to cancel the plan for additional lanes between Golden West Street and Beach Boulevard in order to create bicycle lanes for commuters. Bob Eichblatt, City Engineer, presented a staff report. Discussion was held between the Council and staff pertaining to the project as it pertains to the environment and commuter and recreational bicycling. A motion was made by Green, seconded by Moulton -Patterson, to direct staff to renegotiate the $945,101 plus interest with Orange County Transportation Authority to see if they really want that $945,000 and explore the possibility of foregoing the addition of driving lanes and leave the parking in place. 15 Page 12 - Council/Agency Minutes - 3/16192 Following discussion, an alternate motion was made by Winchell, seconded by MacAllister, to form a Council committee of three to meet with staff, Cal - Trans, and the Coastal Commission to achieve the goal of providing safe commuter access on Pacific Coast Highway. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Mayor Silva appointed Councilmembers Moulton -Patterson, Winchell, and Kelly to the committee. (Cityn i]AMENDMENT TO PROVIDE A TIME EXTENSION IQ THE AGREEMENT BETWEEN THE STATE AND THE_CITY FOR -DESIGN OF IMPROVEMENTS ON PAQFIC COAST HIGHWAY FROM BROOKHURST STREET TO BEACH BOULEVARD - APPROVE (600.20) The City Clerk presented a communication from the City Administrator pertain- ing to the Amendment to provide a time extension to the Agreement between the State and the City for the Design of Improvements on Pacific Coast Highway from Brookhurst Street to Beach Boulevard. A motion was made by MacAllister, seconded by Kelly, to approve and authorize execution of Amendment to Agreement between the City and State of California to extend the termination date of the agreement for the design of improvements on Pacific Coast Highway from Brookhurst Street to Beach Boulevard. The motion carried by the following roll call vote: AYES: Robitaille, Silva, Green, MacAllister NOES: Moulton -Patterson, Winchell ABSENT: None (Kelly - out of the room) (City Council) HUNTINGTON HARBOUR SAY CLUB — APPROVED NOT TO NSIDER ISSUE (440.10) The City Clerk presented a communication from the Director of Community Development transmitting a report regarding the Huntington Harbour Bay Club. Councilmember Winchell stated concerns on how to handle consultants regarding earthquake analysis, also public trust easements in order that similar situa- tions would not occur in the future. She requested staff to investigate the second phase, the conditional use permit, and the semi -subteranian issue --how did it happen ---with a report on a logical procedure which can be followed. A motion was made by MacAllister, seconded by Robitaille, to take no more time in regard to Barbara Devlin, as the appellant, since it has gone to the Supreme Court and has been denied for review. The motion carried by the following roll call vote: AYES: Robitaille, Silva, MacAllister, Kelly NOES: Moulton -Patterson, Winchell, Green ABSENT: None 216 Page 13 - Council/Agency Minutes - 3/16/92 (City Council) FIVE POINTS VILLA SENIOR CITIZEN PRW E_CT REQUEST F0R_ WAIVER AND DEFERMENT OF DEVELOPMENT FEES - DENIED —_STAFF DIRECTED TO RES011E FEE TTER WITH DEVELOPER (600.10) The City Clerk presented a communication from Director of Community Develop- ment 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 reported on the policy guidelines and recommendations for the 1992/93 General Fund Budget. A motion was made by Moulton -Patterson, seconded by Winchell, to: 1. Deny the request for waiver of fees and approve the deferment of $197,296.00 Park and Recreation Fees, $34,540.00 Traffic Impact Fees and $4, 324.20 Library Fees until such time as project is eligible to receive previously approved grant monies which will then be used to satisfy subject fees. Conditioned upon the following: a. The City Attorney be requested to prepare necessary documents providing for deferral of fees,and; b. Developer shall post a Surety Bond acceptable to both City Attorney and City Treasurer in an amount guaranteeing payment of subject fees. 2. If City Council/Redevelopment Agency wishes to consider additional finan- cial assistance, instruct the Agency Executive Director to re -open nego- tiations to amend existing Loan Agreement and agendize the necessary public hearing. The City Attorney reported. A substitute motion was made by MacAllister, seconded by Silva, to. direct staff to prepare an ordinance on the delay of the fee collection. David Michelson, developer, explained fees he believed to be unjustified. Ray Silver, Assistant City Administrator, reported. A motion was made by Kelly, seconded by MacAllister, to continue the item per- taining to the Five Points Villa Senior Citizen Project request for waiver and deferment of development fees to April 6, 1992. Councilmember Moulton -Patterson requested a staff report consisting of a comparison study of fees in other cities. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Silva, Green, MacAllister, Kelly NOES: Winchell ABSENT: None 21 Page 14 - Council/Agency Minutes - 3/16/92 A motion was made by Kelly, seconded by Winchell to reconsider the motion to continue the item pertaining to the five Points Villa Senior Citizen Project request for waiver and deferment of development fees to April 6, 1992. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Green, MacAllister, Kelly NOES: Robitaille, Silva ABSENT: None A motion was made by Kelly, seconded by MacAllister, to deny the developer's request for waiver of Park and Recreation Fees, Traffic Impact Fees and balance of Library Fees and direct staff to withhold issuance of construction permits until fees have been satisfied. The motion carried by the following roll call vote: AYES: Robitaille, Winchell, MacAllister, Kelly NOES: Moulton -Patterson, Silva, Green ABSENT: None A motion was made by Kelly, seconded by MacAllister, to direct the City Admin- istrator to direct staff to straighten out the fee situation following which any kinds of conveniences that may validly help this project along can be considered but to direct the City Administrator to get this situation straightened out with the applicant by April 6, 1992. The intent of the motion was discussed and Councilmember Kelly stated that if the city had made a mistake on the traffic impact fee, he wanted that mistake rectified; the intent of the motion was not to waive the fees. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) ORDINAN E NO. 312 -- APPROVED INTRODTICTION - APPROVED REVISED LANGUAGE FOR H LLY-SEA LIFF PE IFI PLAN (440.50) The City Clerk presented the following two communications from the City Admin- istrator: 1. Dated March 16, 1992 pertaining to the Holly-Seacliff Specific Plan, and (2.) Dated February 10, 1992 pertaining to the Addendum to Final Environmental. Impact Report No. 89-1; General Plan Amendment No. 91-2; Zone Change No. 90-10 and Code Amendment No. 90-10: Holly Seacliff Specific Plan. The City Clerk presented Ordinance No. 3128 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE SECTIONS 9061 AND 9300 TO PROVIDE CHANGE OF ZONING FROM VARIOUS ZONING CLASSIFICATIONS TO HOLLY-SEACLIFF SPECIFIC PLAN ON REAL PROPERTY GENERALLY LOCATED SOUTH OF ELLIS AVENUE, EAST OF EDWARDS BLUFF, NORTH OF SEA - CLIFF GOLF COURSE WEST OF GOTHARD AVENUE ZONE CHANGE 90-10 AND CODE AMENDMENT 90-10." Mike Adams, the Community Development Director, read the following modified affordable housing language on Page III-9 of the Holly-Seacliff Specific Plan: 218 Page 15 - Council/Agency Minutes - 3/16/92 Affordable Housing: All developers of residential projects shall be required to submit an afford- able housing plan in conjunction with any subdivision in accordance with the City's adopted Housing Element. An affordable housing plan shall provide for on -site affordable housing within the Holly-Seacliff Specific Plan. The contents of the affordable housing plan shall include the following: 1. Fifteen (15) percent of the total units proposed shall be for house- holds earning less than 120% of the Orange County Median Income. 2. A detailed description of the type, size, location and phasing of the units being built. 3. The estimated applicable sales price and rental rate of the units. 4. Residential projects for households earning less than 80% of the Orange County Median Income may request a subsidy by one or more of the following: a. Direct financial assistance. b. Reduction in fees and/or exactions. c. Deviations from specific development standards of the Holly-Seacliff Specific Plan. Exception: An In -Lieu Fee may be applied on small projects. Parcels one (1) acre in size or less may pay a fee established by the City Council in lieu of providing on -site affordable housing units. A motion was made by MacAllister, seconded by Green, to approve introduction of Ordinance No. 3128, after reading by title, and to approve the revised language for the Holly-Seacliff Specific Plan. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Counci D..ORDINANCE NO. 3136_- INTRODUCTION APPROVED - OVERSIZE VEHICLE PARKING REGULATIONS (560.20) The City Clerk presented Ordinance No. 3136 for Council approval - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10.44.065 THEREOF RELATING TO OVERSIZE VEHICLE PARKING REGULATIONS." (Clarifies the exception for recreational vehicles and provides clear definition of such vehicles.) A motion was made by MacAllister, seconded by Silva, to approve introduction 219 Page 16 - Council/Agency Minutes -- 3/16/92 of Ordinance No. 3136, after reading by title. The motion carried by the following roll call vote: AYES: Robitaille, Moulton --Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) ORDINANCE NO. 3135- INTR D CTION APPROVED - HUMAN RESOURCES BOARD (570.70) The City Clerk presented Ordinance No. 3135 for Council approval - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 2.103, SECTIONS 2.103.020 AND 2.103.030 PERTAINING TO THE HUMAN RESOURCES BOARD." (Amends bylaws of Human Resources Board) A motion was made by MacAllister, seconded by Silva, to approve introduction of Ordinance No. 3135, after reading by title. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None 1 PM Councilmember Robitaille stated he would like Council to consider 11 p.m, to be the end of Council meetings. PUBLIC COMMENTS Councilmember Robitaille stated that legally noticed public hearings should take precedence over public comments. STAFF REPORT REQUESTED - OUTSTANDING DEBTS Councilmember Robitaille stated he would like the following reviewed: how many outstanding debts, unpaid fees, unpaid judgments, and unpaid surities that may be applicable to the city budget problem that have not yet run the statute of limitations and how many are presently being litigated or followed up for collection and what kind of balance there may be so that the city could take steps in order to put back into the city's coffers. PUBLIC HEARINGS APPROVED TO TAKE PRECEDENCE OVER PUBRI!E COMMENTS Following discussion, a motion was made by Silva, seconded by MacAllister, to make a determination that the need to take action on the issue of placement of the Public Comments on the Council agenda arose subsequent to the agenda being Page 17 - Council/Agency Minutes - 3/16/92 posted as specified in Government Code Section 54954.2(b)(2). The motion FAILED by the following roll call vote: AYES: Robitaille, Silva, MacAllister NOES: Moulton -Patterson, Winchell, Green, Kelly ABSENT: None Connie Brockway, City Clerk, reported pertaining to the agenda format of public comments stating that if the comment period were to be held at the beginning of the meeting and later in the meeting, the public who is present to speak on a specific item should be ensured they will be able to speak prior to action on the item. Following discussion, the City Attorney stated the Brown Act states that Council could formulate reasonable rules for the formation of public input. Following discussion, a motion was made by Kelly, seconded by MacAllister, to reconsider the vote to make a determination that the need to take action on the issue of placement of the Public Comments on the Council agenda arose sub- sequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call Yote: AYES: Robitaille, Silva, MacAllister, Kelly NOES: Moulton -Patterson, Winchell, Green ABSENT: None A motion was made by Robitaille, seconded by Kelly, to have noticed Public Hearings take precedence over. Public Comments on the Council agenda. The motion carried by the following roll call vote: AYES: Robitaille, Silva, MacAllister, Kelly NOES: Moulton -Patterson, Winchell, Green ABSENT: None MAYQR ASKS COUNCIL FOR WRITTEN SUGGESTIONS RE: PUBLIC COMMENTS Councilmember Kelly suggested that Council document their ideas of format improvement for the public comments section of the agenda to present to Mayor Silva. Mayor Silva stated that he would receive Council's written suggestions to improve the format of Public Comments. COUNCIL MEETING CLOSING TIME - ll_P_M - APPROVED Following discussion, a motion was made by Robitaille, seconded by Green, to end the Council meetings at 11 p.m. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Page 18 - Council/Agency Minutes - 3116/92 ROBERT'S RULES OR ORDER Councilmember Winchell stated that Robert's Rules of Order pertaining to the motion of continuance precluding discussion had never been used in Council before, that Council could have their own interpretation; and she suggested that Council write their ideas on that subject to the Mayor. COUNCIL DINNER EQU Mayor Silva stated he believed Council should reconsider the decision pertain- ing to catered dinners before the 7 p.m. Council meetings. BINGO MARATHON - 3/2/92 Councilmember MacAllister announced the Bingo Marathon at Edison High School Saturday, March 21, 1992, for the 4th of July Parade. ADJOURN"T - 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 30, 1992 at 7 P.M., Council Chamber, Civic Center. r 41� 4&^4qz? ATTESJ;;,,,, 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 1-1 22 14,