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HomeMy WebLinkAbout1992-05-04MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Chamber Huntington Beach, California Monday, May 4, 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 COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister ABSENT: Kelly STUDY SESSION (City Council) EIGHTEENTH YEAR (EY 92/93) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBMISSION -- HUMAN RESOURCES BOARD (340.70) The City Clerk presented a communication from Economic Development Director regarding Community Development Block Grant Budget. Barbara Kaiser, Deputy City Administrator/Economic Development, introduced the Citizens Advisory Board (CAB) and the Human Resources Board. She stated there would be a public hearing on the Community Development Block Grand funds May 18, 1992. Ms. L. Steingold, CAB Chairman, reviewed the Community Development Block Grant Budget for 1992/1993. She stated it was the recommendation of CAB to reduce the $34,000 allocation to Legal Aid to $24,000 and to recommend an additional $5,000 each be given to Shelter for the Homeless and Interval House. Tanya Grimes, Human Resources Board Chairman, reported on the process, crite- ria, and priority used in making decisions. She recommended that $34,000 be allocated to kegal Aid. Councilmember Winchell requested clarification on the impact that would result for Legal Aid if their allocation were reduced. Leigh DeSantis, Project Manager, explained that Human Resources Board was Council appointed to review public service donations and that Citizens Adviso- ry Board was Council appointed to fulfill the Block Grant requirement. 31 Page 2 - Council/Agency Minutes - 5/4/92 The relationship between CAB and HRB was discussed by Council and staff. DONOR RECOGNITION PROGRAM FOR PIER Rich Barnard, Deputy City Administrator/Administration, listed different pro- grams of donor recognition. He stated there were 1,162 participants in the fundraising program. Jim Pickel, Purkiss Rose consultant, described the design as poured concrete with granite plates. He stated it would be temporary so that it could be moved to its permanent location. The City Administrator stated that staff would return to Council with alterna- tives May 18, 1992. Councilmember Winchell stated Council would get their comments to Rich Barnard, Deputy City Administrator/Administration. CLOSED SESSIQN 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 - Griffin Related Properties-1, et al v City - OCSCC 65 40 39. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 6:30 p.m. The meeting was reconvened at 6:55 p.m. ADJQURNMENT - QWNCIL/REDEVELOPMENT AGENCY The City Clerk adjourned the adjourned and the Redevelopment Agency of the Monday, May 4, 1992, Council Chamber. ATTESTT�: F 44� City Clerk regular meetings of the City Council City of Huntington' Beach to 7 p.m., City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 3 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, May 4, 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, ABSENT: Kelly The Flag Ceremony was conducted by second grade Brownie Troop No. 1817 from Hawes School; Co -Leaders were Sandy Wahrenbrook and Rusty Hobart. PRESENTATION - 120.000 CHECK FROM RAINBOW DISPOSAL - CONTRIBUTION FOR DOWN- TOWN TRASH CAN The Mayor accepted a $20,000 check on behalf of the City from Ron Shenkman, Marketing Director, Rainbow Disposal, for the replacement of sixty trash cans In the downtown area. (City CQuncii) PROPOSED FORMATIQN OF CITY FINANCE BOARD OR COMMISSION - PURPOSE & SCOPE TO BE REVIEWED 6/92 (320.60) The City Clerk presented a communication from Ray Silver, Assistant City Administrator, regarding formation of a City Finance Board or Commission. A motion was made by MacAllister, seconded by Green, to: 1. Recognize the present Budget Task Force members at the May 18, 1992 Council meeting for their outstanding contributions toward helping the city balance the budget for FY 1992/93, and 2. Request the Council Subcommittee to further define the purpose and scope of the permanent Finance Commission or Board for review by the City Council in June, 1992. 33 Page 2 - Council/Agency Minutes - 5/4/92 The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly CODE AMENDMENT NO. 91-9 - THIRD STORIES - CONTINUED -TO 5/18t92 Councilmember Winchell announced that no action would be taken on the item pertaining to Code Amendment No. 91-9 amendment to Criteria for Third Stories and that it would be continued to May 18, 1992. (City Council) PUBLIQ„HEARIN GENERALPLAN AMENDMENT NO. 90-8 - APPROVED AS AMENDED - ZONE CHANGE NO. 9047 - APPROVED AS AMENDED ENVIROMENIAL IMma REPORT NO. 90-3 - APPROVED - (MlINTERSBURG SCHOOL SITE) - SE CORNER WARNER/ GOLDENWEST_- .,RESOLUTION No. 6371 - TO RETURN 5/18/92 (440.50) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION DUMBER: General Plan Amendment No. 90-8, Zone Change No. 90-17 and Environmental Impact Report No. 90-3 APPLICANT: Andover/Chandler Companies CATION: Wintersburg School Site (southeast corner of Warner Avenue and Goldenwest Street) ZMEE: RA (Residential Agriculture designated Community Facilities -Education) REQUEST: To consider amending the General Plan Land Use designation on the above property from Public/Quasi- Public/Institutional to Medium -High Density Residential on 11.93 gross acres and to re -zone it from RA (Residential Agriculture designated Community Facilities -Education) to R3-FP2 (Medium -High Density Residential-Floodplain). ENVIRONMENTAL STATUS: Environmental Impact Report No. 90-3 assessing the environmental effects of said General Plan Amendment and Zone Change will also be considered by the City Council COASTAL STATUS: Not applicable A letter of appeal was received from Mayor Jim Silva on March 25, 1992. 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 other than the letter of appeal. Howard Zelefsky, Planning Director, presented a staff report. He referred to the appeal letter submitted by Mayor Silva. The Planning Director explained three alternatives that were prepared subsequent to preparation of the Recommended Council Action to Council. The Mayor declared the public hearing open. Page 3 - Council/Agency Minutes - 5/4/92 John Whelan spoke in opposition to Zone Change No. 90-17 and stated he was opposed to the proposed land use, He stated he did not believe the density was compatible with the neighborhood and he urged Council to deny the applica- tion as proposed. Chris Cabal spoke in opposition to Zone Change No. 90-17 and stated he believed the school district should look at other options for funds. Patti Rhynders stated she was a homeowner in the area and a health educator researching traffic related injuries to children and was working with the Academy of Pediatrics promoting bicycle safety education in Huntington Beach. She stated her opposition as she believed the bike lanes to the beach would receive more traffic congestion and that efforts being spent over bicycle safety education would be undermined by the development. She stated that there is adequate apartment availability and a need for future schools and that she hoped a tragic accident would not occur before it is realized that the development was not in the community's best interests. Richard Bolf spoke in opposition to Zone Change No. 90-17 and stated he believed the project was out of character with the neighborhood. Mayor Silva requested information on the available housing in the area. Dave ll Huntington Beach Tomorrow, spoke in opposition to Zone Change No. 90-17 and stated he believed school sites should be preserved as public space for open recreation and that the project should not result in loss of open space and should not exceed the footprint. He stated he believed the planned density of the project was not compatible with the neighborhood. George Arnold spoke in opposition to Zone Change No. 90-17 and stated he believed the school site should remain as open space. Bill__Kaufmann, applicant, spoke in support of Zone Change No. 90-17 and requested Staff Alternative Recommendation No. 3. David Hagen, Huntington Beach Union High School District Superintendent, spoke in support of Zone Change No. 90-17 and stated it would be financially bene- ficial for the school district and requested Staff Alternative Recommendation No. 3. Bonnie r , Huntington Beach Union High School District Board of Trustees President, urged support of Zone Change No. 90-17. Michael Simons, Huntington Beach Union High School District Board of Trustees member, stated he was in favor of open space and that three acres of fields would be lost. Lowell Crowe urged Council's support of Zone Change No. 90-17. Lila Farr, physical education instructor, spoke in favor of Zone Change No. 90-17. She stated the project would enable her to teach tennis, that it would upgrade facilities and that acreage would not be lost. John Laach, High School Community Action Panel member, spoke in support of Zone Change No. 90-17 and stated it was a quality design project and a unique opportunity that would benefit the school district and the city. Julie Engquist spoke in favor of Zone Change No. 90-17 and requested that supportive persons in the audience stand. 3 Page 4 - Council/Agency Minutes - 514/92 Ron She,nkman spoke in favor of Zone Change No. 90-17 and stated it was a good project for that corner. Scott Peterson spoke in opposition to Zone Change No. 90-17 due to the parking and traffic impact. Alyce Booth spoke in opposition to Zone Change No. 90-17. She stated she believed the city was being overbuilt and that the project would drop the value of her home. Rachel Hurd spoke in opposition to Zone Change No. 90-17. She stated she was against high density housing; if there must be a project, the project should be single family homes. She stated she believed there would many available rentals in the area. 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 Mayor. The Community Development Director reported on rental housing in the area and stated that they are not necessarily affordable. Discussion was held between staff and Council. The Community Development Director addressed the affordable housing element. In response to Mayor Silva, the City Administrator stated that an affordable housing policy would be presented to Council within thirty days in order to adopt a percentage. He stated there would be a work session with the Afford- able Housing Task Force, a meeting with the Fountain Valley/Huntington Beach Board of Realtors and the Chamber of Commerce to formulate the policy. In response to Councilmember MacAllister, David Hagen, Huntington Beach Union High School District President, stated that Alternative Action No. 1 would not be acceptable to the School Board. A motion was made by MacAllister, seconded by Moulton -Patterson, to approve Alternative Recommendation No. 3: to adopt and certify as adequate Environ- mental Impact Report No. 90-3 by adopting Planning Commission Resolution No. 1457, to approve General Plan Amendment No. 90-8 for Medium -High Density Resi- dential (25 units per gross acre) on 11.93 gross acres, and further to have all on -site parking, no exceptions to open space which would reduce the total number of units by 40 or 50 units, and come back with a maximum figure of 15% affordable housing. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Silva, Green, MacAllister NOES: Winchell ABSENT: Kelly A motion was made by MacAllister, seconded by Silva, to approve the Environ- mental Impact Report No. 90-3. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly (Robitaille - out of the room) 6 Page 5 - Council/Agency Minutes - 5/4/92 The Community Development Director stated for clarification that because none of the revised documentation was in front of Council, staff would return with the documentation for a first reading May 18, 1992. The City Administrator stated the ordinance would be brought back to the Council for first reading of the Zone Change Ordinance May 18, 1992. (City Council) PUBLIC HEARING - PLANNING COMMISSION DENIAL OF MNDITIONAL USE PERMIT NO. 91-61 - DECISION UPHELD_- W&STAL DEVELOPMENT PERMIT NO. 92-7 -- (APPROVAL IN CONCEPT) - (TO PERMIT OUTDOOR DINING ON A PORTION OF THE PUBLI WALKWAY ADJACENT TO THE BULKHEAD AT PETER'S LANDING) (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Conditional Use Permit No. 91-61/Coastal Development Permit No. 92-7 APPLICANT/APPELLANT: Marianne Malone, Property Manager Peter's Landing LOCATION 1640O and 16450 Pacific Coast Highway ZONE: VSC-CZ (Visitor Serving Commercial -Coastal Zone) REWEST: To permit outdoor dining adjacent to the bulkhead on a portion of a public walkway at Peter's Landing. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: The project was originally approved by the California Coastal Commission. This expansion of use is also subject to review and approval of the California Coastal Commission. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. A communication in favor was received on April 14, 1992 from Donald & Ginger Nelson and a communication in opposition was received April 28, 1992 from Michael P. Locke. A communication had been distributed to Council from the Community Development Director to the City Clerk stating that it had been determined a Coastal Development Permit was not necessary for this project. Mike Adams, Community Development Director, presented a staff report. The Mayor declared the public hearing open. Marianne Malone, applicant, spoke in support of Conditional Use Permit No. 91-61. George Arnold spoke in opposition to Conditional Use Permit No. 91-61. 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 Mayor. Page 6 - Council/Agency Minutes - 5/4/92 A motion was made by MacAllister was made to overturn the Planning Commission's denial of Conditional Use Permit No. 91-61 providing no continual disturbances are made and any increase again in noise activities at night and that appropriate signs be posted and not blocked so people can have access. The motion died for lack of a second. A motion was made by Green, seconded by Robitaille, to uphold the Planning Commission's denial of Conditional Use Permit No. 91-61 with the following findings: Findings for Denial - Conditional Use Permit No 91-61 1. The proposed use will not be compatible with adjacent properties due to noise and additional activity associated with outdoor dining. 2. The establishment, maintenance and operation of the use will be detrimen- tal to the general welfare of persons working or residing in the vicin- ity. Noise and activity generated will be incompatible with adjacent condominium development. 3. The establishment, maintenance and operation of the use will be detrimen- tal to the value of the property and improvements in the neighborhood. 4. The proposed use conflicts with the spirit of the Coastal Commission's condition for unobstructed access along the walkway. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green NOES: MacAllister ABSENT: Kelly (City Council) PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 91-5 - APPROVED - OODE AMENDMENT N0. 91-12 - APPROVED - NEGATIVE DECLARATION NO. 91--42 - APPROVED - (AMENDNENT TO THE IC HOLLY-SEACLIFF MASTER PLAN AND SPEC PLAN) - RESOLUTION NO. 6377_ - ADOPTED - ORDINANCE NO. 3145 - INTRODUCTION!_ APPRDUED (440.50) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: General Plan Amendment No. 91-5, Code Amendment No. 91-12 and Negative Declaration No. 91-42 APPLICANT: City of Huntington Beach LOCATION: Area 1 - Nine acres on northwest corner of Clay Avenue and Crystal Street. Area - Eight acres on northeast corner of Clay Avenue and Main Street. NE: Area 1 - RA-0 (Residential Agriculture -Oil Production) Area- (Q)R2-01 (Qualified -Medium Density Residential - Oil Production) REOUEST: General Plan Amendment 91-5 is a request to amend the Holly Seacliff �., General Plan for two (2) areas of the City. The first area, Area 1: is a u 8 change of the General Plan Designation on nine (9) gross acres of Real Page 7 - Council/Agency Minutes - 5/4/92 Property from Medium Density Residential to Industrial. Area 2: is a request to increase the residential density on approximately 8 gross acres of real property from 8.8 dwelling units per acre to 15 dwelling units per acre. Code Amendment 91-12 is a request to establish the Holly-Seacliff indus- trial development standards on Area 1 with the addition of a 25 foot set- back to habitable residential structures. The drilling of new oil wells would be prohibited in this area. In Area 2, Code Amendment 91-12 would apply the Holly-Seacliff Community theme guidelines to the properties which abuts Main Street and allow existing Medium Density Residential (R2) development standards of the Huntington Beach Ordinance Code to remain. ENVIRONMENTAL STATUS: The requests are covered by Mitigated Negative Declaration No. 91-42. COASTAL STATUS: Not applicable 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 Clerk presented Resolution No. 6377 for Council adoption - "A RESOLUTION OF THE CITY 00UNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 91-5." The City Clerk presented Ordinance No. 3145 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HOLLY-SEACLIFF SPECIFIC PLAN BY AMENDING SECTIONS II-2 9 (TABLE 1); EXHIBITS 3, 7-12; and IV-2, (TABLE 2) THEREOF TO PROVIDE FOR A CHANGE IN DEVELOPMENT DESIGNATION GENERALLY LOCATED ON 9 GROSS ACRES NORTH OF CLAY AVENUE BETWEEN STEWART STREET AND CRYSTAL STREET, AND ACCOUNT FOR A CHANGE IN RESIDENTIAL DENSITY FROM MEDIUM DENSITY RESIDENTIAL 8.8 D.U./AC TO MEDIUM DENSITY RESIDENTIAL 15 D.U./AC ON REAL PROPERTY GENERALLY LOCATED ON 8 GROSS ACRES EAST OF MAIN STREET AND NORTH OF CLAY AVENUE. (CODE AMENDMENT NO. 91-12)." Howard Ielefsky reported using slides. The Mayor declared the public hearing open. Fanny Mavr spoke in opposition to the amendment to the Holly-Seacliff Master Plan. She stated she had purchased a townhome and did not want industrial zoning next to her home. John Gustafson spoke in support of the project and stated he was present to answer questions. Monte Gaustad spoke in support of the project. 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 Mayor. A motion was made by MacAllister, seconded by Green, to accept as adequate Negative Declaration No. 91-42, to approve General Plan Amendment No. 91-5 by adopting Resolution No. 6377, to approve Code Amendment No. 91-12, and after 39 Page 8 - Council/Agency Minutes - 5/4/92 40 reading by title, approve introduction of Ordinance No. 3145. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva. Green, MacAllister NOES: None ABSENT: Kelly RECESS--- RECONVENE The Mayor called a recess of Council at 9:15 p.m. The meeting was reconvened at 9:25 p.m. (City Council) PUBLIC HEARING - GENERAL PLAN AMENDMENT NO 90-7 - ZONE (440.50) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: General Plan Amendment No. 90-7. Zone Change No. 90-14 and Code Amendment No. 91-7 APPLICANT: Pacific Coast Homes LOCATION: Approximately 100 feet south of. the intersection of Doral Drive and Morningside Drive (Island N) ZM: R4-01 (High -Density Residential - Oil Production) RE E T: To consider amending the General Plan Land Use designation on the above property from Open Space - Recreation to Planned Community on 2.36 acres and to re -zone it from R4-01 (High -Density Residential - Oil ,Production) to Seacliff Specific Plan. ENVIRONMENTAL STATUS: This project is covered by Negative Declaration No. 90-28 which was approved by the City Council on May 16, 1991 COASTAL STATUS: Not applicable 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 Clerk presented Resolution No. 6373 for Council adoption - 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH. CALIFORNIA. APPROVING GENERAL PLAN AMENDMENT NO. 90-7 (SEACLIFF ISLAND "N" DEVELOPMENT)." The City Clerk presented Ordinance No. 3142 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH ORDINANCE CODE SECTION 9061 TO PROVIDE ZONE CHANGES FROM R4-01 TO SEACLIFF SPECIFIC PLAN AND ROS TO SEACLIFF SPECIFIC PLAN AND R4-01 TO ROS ON REAL PROPERTY GENERALLY LOCATED 100 FEET SOl1TH OF THE INTERSECTION OF DORAL DRIVE AND MORNINGSIDE DRIVE (DISTRICT MAP NO. 3) (ZONE CHANGE NO. 90-10 ." Page 9 - Council/Agency Minutes - 514/92 11 The City Clerk presented Ordinance No. 3143 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH ORDINANCE CODE, SECTION 9300(d) - SEACLIFF SPECIFIC PLAN (CODE AMENDMENT NO. 91-7)." Howard Zelefsky reported. Wayne Carvalho, Planning Aide, presented a staff report. He stated there were two typographical errors. He stated one was Ordinance No. 3142 in regard to redesignation to recreation open space and the General Plan designation should be 3.2 acres and not 3.6 acres. The Mayor declared the public hearing open. John Stillman, Estates at the Seacliff Homeowners Association President, stated an agreement with the developer had been reached and he was in support of Zone Change No. 90-14. Dominick Tomaino, Huntington Seacliff Homeowners' Association President, stated he was in support of Zone Change No. 90-14 and that he wanted to make sure the mitigated measure of recreation open space in Negative Declaration No. 90-28 was in place in the recreation element. In response to Councilmember Green, Dominick Tomaino stated he was in favor of Zone Change No. 90-14. Tom Zanic, representing Pacific Coast Homes, stated he was in agreement with the staff recommendation, spoke in support of Zone Change No. 90-14, and stated he was there to answer questions. In answer to Councilmember MacAllister's inquiry, Tom Zanic stated the open space mitigation measures for the islands had been approved by the Planning Commission and were not opposed by Pacific Coast Homes and continue to be the same. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Robitaille, to approve General Plan Amendment No. 90-7 by adopting Resolution No. 6373, approve Zone Change No. 90-14 and after reading by title, approve introduction of Ordinance No. 3142, approve Code Amendment No. 91-7 and after reading by title approve introduction of Ordinance No. 3143, and further correct the typographical error in Ordinance No. 3142 in regard to redesignation to recreation open space and the General Plan designation that should be 3.2 acres and not 3.6 acres. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly (420.20) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 91-9 41 Page 10 - Council/Agency Minutes - 5/4/92 4L APPLICANT: City of Huntington Beach LOCATION: City-wide in all R1 (Low Density Residential) zoning districts. ZONE: R1 (Low Density Residential) RE T: Amend Section 9080.22 Building Height Definition and Section 9110.04 of Article 911 Low Density Residential to establish additional criteria for third stories on single family homes in the R1 zoning district and redefine low building height is measured in the R1 zone. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15061, Sub- section (b)(3) of the California Environmental Quality Act. COASTAL STATUS: This code amendment will result in an amendment to the City's Certified Local Coastal Program. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communicions or written protests were received on the matter. 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 Administrator recommended that the public hearing on Code Amendment No. 91-9 be opened and continued to May 18, 1992. A motion was made by MacAllister, seconded by Silva, to open the public hear- ing on Code Amendment No. 91-9 and continue to May 18, 1992. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly The Mayor announced that this was `the day and hour set for a public hearing for the purpose of amending the Huntington Beach Municipal Code to modify late charges for miscellaneous receivables. 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 Ordinance No. 3139 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 3.48.040 THEREOF TO PROVIDE FOR A CHANGE IN LATE CHARGES." Don Watson, City Treasurer, presented a staff report. The Mayor declared the public hearing open. Page 11 - Council/Agency Minutes - 5/4/92 1 There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Winchell, seconded by MacAllister, to approve the assess- ment of 1.5% late charges on outstanding balances due and after reading by title, approve introduction of Ordinance No. 3139. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution No. 6365 for the purpose of determining whether an underground utility district should be formed to include property within the public right of way on Goldenwest Street between Ellis and Slater Avenues. 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 Clerk presented Resolution No. 6379 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 92-1." Lou Sandoval, Public Works Director, presented a staff report. The Mayor declared the public hearing open. Ther• being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Winchell, seconded by Silva, to adopt Resolution No. 6379. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: done ABSENT: Kelly &1rXV'JZED : The Mayor announced that this was the day and hour set for a public hearing to hear objections and protests to the proposed removal of weeds, rubbish and refuse upon certain streets, sidewalks, parkways and private property in the city. Said hearing held pursuant to Resolution No. 6352, adopted March 2, 1992. On file in the City Clerk's Office is the notice of public hearing on Resolu- tion No. 6352 of the City Council, as posted conspicuously along all the streets and property within the district described in said Resolution, setting the hour of 7 P.M., or as soon thereafter as possible, on Monday, the 4th day 43 of May, in the Council Chamber, in the Civic Center, as the time and place for Page 12 - Council/Agency Minutes - 5/4/92 a public hearing on a declaration that a nuisance exists and providing for the abatement thereof. No communications or written protests to Resolution No. 6352 of the City Council proposing to abate the weed nuisance had been received. The Affidavit of Posting of Notices to Destroy Weeds had been executed by the Street Super- intendent and was on file in the Office of the City Clerk. The Public Works Director presented a staff report. The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Winchell, seconded by MacAllister, to authorize the Street Superintendent to proceed with the abatement of said nuisance. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly Charlotte__Uarke, Orange County Fund For Environmental Defense President, spoke in opposition to the proposed bridge at 19th Street and the Santa Ana River. She presented material and urged Council not to bisect the wetlands with a bridge. LOS ANGELES EMERGENCY ASSISTED BY CITY OF HUNTINGTON BEACH Mike Uberuaga, City Administrator, announced that the Huntington Beach Police and Fire Departments had helped with the Los Angeles emergency caused by the riots from Thursday through Sunday. CITY BUDGET TO BE PRESENTED 5/11/92 The City Administrator stated the city budget had been prepared and would be summarized in a presentation on May 11, 1992. The City Administrator stated that the work on Main Street would be completed June 14, 1992 and the work would start again in the Fall. CONSENT CALENDAR,,. - ( ITEMS REMOVE The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Natural Communities Conservation 4 4 Planning (NCCP) Program; Agreement and Acceptance of the California Coastal Commission's Action to approve Local Coastal Program Amendment No. 90-1; Resolution No. 6372; Resolution No. 6378 - Beach Parking Pass Rages. Page 13 - Council/Agency Minutes - 5/4/92 1 On motion by MacAllister, second Silva, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly (City Cgunci l /RedevelongBt baenGy) MINUTES - APPROVED - Approved and adopted minutes of Council/Agency adjourned regular meetings of March 30, 1992 as written and on file in the Office of the City Clerk. (City Council) _PARCEL MAP NO. 91-289 - APPROVED - THOM JACOBS - W/S ALARW ST - N/0 ATLANTA (420.70) - Approved final parcel map pursuant to the manda- tory findings set forth by the Planning Commission and instructed the City Clerk to affix her signature to the map and release the map to the county for processing. (City Council) DISPOSAL Of VARIOUS ADMINISTRATIVE RECORDS - RESOLUTION NO. 6374 - ADOPTED (170.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." LQ ty Council) MEASURE d-_ELIGIBILITY - RESOLUTION N0. 6375 - ADOPTED (800.10) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE CERTIFICATION OF THE LOCAL PAVEMENT MANAGEMENT PLAN." Approved plans and specifications for the asphalt overlay of Gothard street from Edinger Avenue to McFadden Avenue and Center Drive from Gothard Street to 405 Freeway offramp, authorized advertisement for bids and approved contract subject to award of contract to Council approved lowest responsive bidder. (City Council/Redevelopment Agency) - REDEVELOPMENT AGENCY DEBT REPAYMENT APPROVED (330.10) - Approved transfer of $1,226,673 from the Redevelopment Agency to the City's Capital Improvement (CIP) Fund Reserve and reduce Agency debt to the City by $1,226.673. (City Council) AGREEMENT WITH SJITE ADMINISTRATIVE HEARING DIVISION - APPROVED - PERS SAFE1Y DISABILITY APPEALS (600.20) - Approved and authorized execution of agreement between the State of California and the City of Huntington Beach to provide City with services of administrative law judges for PERS Safety Disability Bearings. The City Cleric presented a communication from the City Administrator pertain-45 ing to the Natural Communities Conservation Planning (NCCP) Program. Page 14 - Council/Agency Minutes - 5J4/92 46 The Community Development Director presented a staff report. A motion was made by Green, seconded by Winchell, to enroll the City of Huntington Beach in the Natural Communities Conservation Planning Program for Coastal Sage Scrub. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green NOES: MacAllister ABSENT: Kelly 6376 - ADOPTED (420.85) The City Clerk presented a communication from the City Administrator pertain- ing to Resolution No. 6376: Agreement and acceptance of the California Coastal Commission's action to approve Local Coastal Program Amendment No. 90-1. The City Cleric presented Resolution No. 6376 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, WHICH AC)"LEDGES RECEIPT OF THE COASTAL COMMISSION ACTION AND ACCEPTS AND AGREES TO LOCAL COASTAL PROGRAM AMENDMENT NO. 90-1 AS MODIFIED. (Amends the Implementing Ordinances segment of the City's Local Coastal Program) The Community Development Director presented a staff report. A motion was made by MacAllister, seconded by Green, to adopt Resolution No. 6376 by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly The City Clerk presented a communication from the City Administrator pertain- ing to the energy financing loan. The City Clerk presented Resolution No. 6372 for Council adoption - 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING APPLICATION OF THE CALIFORNIA ENERGY COMMYMISSION FOR AN ENERGY EFFICIENCY LOAN." Mills, State Energy Commission, reported. A motion was made by MacAllister, seconded by Silva, to approve the submission by the City of an application for Energy Commission funding in the amount of $1,171,575, authorize the Mayor and City Clerk to sign the application and any necessary loan documents, and adopt Resolution No. 6372. The motion carried by the following roll call vote: AYES: Robitaille, Moulton --Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly Page 15 - Council/Agency Minutes - 5/4/92 1 (City Council) RESOLUTION NO. 6378 - TIE VOTE RESULTS IN NO ACTION - BEACH PARKING PASS RATES (340.20) The City Clerk presented a communication from the City Administrator pertain- ing to a resolution amending Resolution No. 5159. The City Cleric presented Resolution No. 6378 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' (SUPPLEMENTAL FEE RESOLU- TION NO. 35)" - (Establishes beach parking pass rate of $50 annual fees for non -seniors and $20 annual fee for seniors 62 years and older, the same rate for residents and non-residents.) Ron Hagan, Community Service Director, presented a staff report. A motion was made by. Silva, seconded by MacAllister, to establish the beach annual parking pass rate to the following: Seniors 55 years and older - $20; residents - $40; and non-residents - $60. The motion FAILED by the following roll call tie vote: AYES: Robitaille, Silva, MacAllister NOES: Moulton -Patterson, Winchell, Green ABSENT: Kelly A motion was made by Green, seconded by Winchell, to adopt Resolution No. 6378. The motion FAILE by the following roll call tie vote: AYES: Moulton -Patterson, Winchell, Green NOES: Robitaille, Silva, MacAllister ABSENT: Kelly The City Clerk presented a communication from Ray Silver, Assistant City Administrator, regarding a request by George Arnold to use city -owned property at the northwest corner of Pacific Coast Highway and Beach Boulevard for the purpose of holding a weekly farmers market and swap meet. A motion was made by MacAllister, seconded by Green, to uphold denial of the use of the city -owned property at the northwest corner of Pacific Coast High- way and Beach Boulevard for the farmers market and swap meet and maintain it for public parking. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly (Cityn 1 opment AGENCY) ORDINANCE FOR R ENT DISTRICTS DATE SET FOR 5/18/92 (350.10) The City Clerk presented a communication from Director of Public Works regard- ing an ordinance which would govern the formation and administration of all, future reimbursement districts. Page 16 - Council/Agency Minutes - 5/4/92 The Public Works Director presented a staff report. A motion was made by MacAllister, seconded by Silva, to set a date of. May 18, 1992 for the City Council to introduce the ordinance which would govern the formation and administration of reimbursement districts. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly ity Council) ORDINANCE NO. 3137 - ADOPTED - 12 HOUR BINGO GAMES (640.10) The City Clerk presented Ordinance No. 3137 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTION 5.64.190 THEREOF TO PROVIDE FOR CHANGE OF HOURS AND DAYS OF OPERATION TO PERMIT 12 HOUR BINGO GAMES." A motion was made by Green, seconded by MacAllister, to adopt Ordinance No. 3137, after reading by title. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly (City Council) QRQINANCE NQ, 3140 - ZONING CHANGE YO -.'NUEIEDMTION _; 0.40) The City Clerk presented Ordinance No. 3140 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH ORDINANCE CODE SECTION 9061 THEREOF TO PROVIDE CHANGE OF ZONING ON REAL PROPERTY FROM R1 to R1-PD ON REAL PROPERTY LOCATED APPROXIMATELY 650 FEET SOUTH OF YORKTOWN AVENUE SOUTHWEST SIDE OF EDUCATION LANE (DISTRICT MAP NO. 0." (ZONE CHANGE NO. 91-3) A motion was made by Green, seconded by MacAllister, to adopt Ordinance No. 3140, after reading by title. The motion carried by the following roll call vote: AYES: Robitaille, Moulton --Patterson, Silva, MacAllister NOES: Winchell, Green ABSENT: Kelly (City Council) ORDINANCE NO. 3144 - CONTINUED FOR 30 DAYS — REPORT RE; 1 REQUESTED - PROVIDE FOR 1% CREDIT TO LOCAL QIQDERS (600.05) The City Clerk presented Ordinance No. 3144 for Council approval - 'AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 3.02.110 THEREOF TO PROVIDE FOR 1% CREDIT TO LOCAL BIDDERS." Page 17 - Council/Agency Minutes - 5/4/92 11 11 A motion was made by MacAllister, seconded by Silva, to continue the item per- taining to Ordinance No. 3144 for thirty days and to report on the 1% credit. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Kelly (City Concil) ORDINANCE NO. 3141 - RETURN ORDINANCE TO CONFER KITH STAFF - RE_G T [ON OF SHADE TREES 020:-20) The City Clerk presented Ordinance No. 3141 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY ADDING THERETO HEN CHAPTER 12.40 ENTITLED, 'REGULATION OF SHADE TREES'." The City Clerk presented Resolution No. 6369 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE ARBORICULTURAL AND LANDSCAPE STANDARDS AND SPECIFICATIONS TO SERVE AS GUIDE- LINES FOR LANDSCAPING AND MAINTENANCE PRACTICES ON PUBLIC PROPERTY AND NHERE REQUIRED ON PRIVATE PROPERTY." Ray Silver, Assistant City Administrator, presented a staff report. A motion was made by Moulton -Patterson, seconded by Winchell, to return to staff Ordinance No. 3141 and Resolution No. 6369; Councilmembers Moulton -Patterson and Winchell to confer with staff. The motion carried by the following roll call vote: AYES: Moulton -Patterson, NOES: None ABSENT: Kelly (Robitaille, Winchell, Silva, MacAllister Green - out of the room) Councilmember Moulton -Patterson requested a proposal from the City Administra- tor and Police Chief regarding the feasibility of a mobile substation for the Utica and Florida area. In response to a question by Councilmember Robitaille relating to a letter received from Charles Reence, the City Attorney reported that the Hassan abatement was going forward. Ray Silver, Assistant City Administrator, reported that a comprehensive study on money owed to the city was being prepared. Councilmember MacAllister requested that staff prepare a fire/police emergency 49 plan. Page 18 - Council/Agency Minutes - 5/4/92 WEEKEND PI Councilmember MacAllister reported that a downtown trash pickup was needed at 5 a.m. on Saturdays and Sundays. ADJOURNMENT-MNCIL/REDEyELOPMENT AGENCY Mayor Silva adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, May 11, 1992 at 5:30 P.M. - Closed Session and 7 P.M. - Study Session, Room B-8, Civic Center. The meeting was adjourned in honor of Councilmember Jack Kelly's speedy recovery. ATTEST: G City Clerk/Clerk Clerk of the Redeve opment Agency. and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman f1+J