HomeMy WebLinkAbout1992-07-20MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Room B-8, Civic Chamber
Huntington Beach, California
Monday, July 20, 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 COUNCIUREDEVELOMENT AGENCY LL CALL
PRESENT: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
ABSENT: Moulton -Patterson
SIUDY SESSION - HUNTINUM CENTRAL PARK LAND USE DE i I MA TER PLAN
Ron Hagan, Community Services Director, introduced the final recommended
Master Plan. He spoke pertaining to the currently developed and undeveloped
areas and the recommended uses using wall displays.
Jim Engle, Superintendent/Park Development/Recreation Division, explained the
land designations and uses for the Master Plan.
Discussion was held between Council and staff pertaining to land designations.
Discussion was held between Council and staff pertaining to the proposed
Therapeutic Riding Center.
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 54956.8 to give instructions to its negotiator regard-
ing 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 II. (120.80)
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Page 2 - Council/Agency Minutes - 7/20/92
RECESS - RECONVENE
The Mayor called a recess of Council at 6:20 p.m. The meeting was reconvened
at 6:55 p.m.
ADJOURNMENT - COUNCIU REDEVELOPMENT AGENCY
Mayor Silva adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, July 20, 1992
at 7 P.M., Council Chamber, Civic Center.
ATTES
City Clerk/Clerk
163
r
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
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, July 20, 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, Winchell, Silva, Green, MacAllister, Kelly
ABSENT: Moulton -Patterson
FLAG CEREMONY AND INMTION
The Flag Ceremony was conducted by Pack 101, Den 2, Smith School, Huntington
Beach; Den Leader Susanne Vigil.
PRESENTATI - A.Y.S. . REGION N AND SURF l -- TOURNAMENT T-SHIRTS T
COUNCIL
Ron Hobbs, Tournament Director A.Y.S.O. Region 55 Sun and Surf 1992, presented
Tournament T-shirts to Mayor Silva and the City Council.
PRESENTATION - 15.0.00 CHEM FROM SHELLWESTERN FOR BOLSA_QMICA QCNSERVANCY
Bill Gibson, Community Relations Manager, on behalf of Shell Western,
presented a check in the amount of $5,000 to Mayor Silva and Supervisor
Harriett Wieder for the Bolsa Chica Conservancy.
PRESENTATION - PIERFEST POSTER AND BANNER TO MUNCIL - PEPSI COLA
Tracy Davitt, West Coast Marketing Manager for Pepsi Cola, presented a framed
limited edition Pierfest poster and a Pierfest banner to Mayor Silva and the
City.Council. The banner was to be placed into the Pierfest Time Capsule.
(City Council) FJJBLIC HEARIN - H NTIN ENT PARK - DIRECTED STAFF TO
PREPARE SPECIFIC PLAN (920.20)
The Mayor announced that this was the day and hour set for a public hearing to
receive public input regarding the proposed Land Use Designation Master Plan
for Huntington Central Park. This plan is proposed by the HCP Task Force and
Page 2 — Council/Agency Minutes — 7/20/92
the Community Services Commission. It designates high, medium and low
intensity use areas within the park.
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.
Ron Hagan, Community Services Director, presented a staff report using slides
to review land use designations.
Jim Engle, Superintendent of Park Development/Recreation, reviewed the Task
Force land use designations using slides and explained the land use.
The Mayor declared the public hearing open.
Nancy Nimmons suggested the whole community would benefit from building a
swimming pool across from the library. She opposed expansion of the stable
area because it is limited to the number of users; that she was disappointed
because there was not a safe bike path to the beach and that it was not safe
for children to ride to the downtown area especially on Goldenwest between
Ellis and Garfield as it is just a dirt path and not safe for children or
adults; fields should not be used exclusively for private use and parking
should be on the hill and not just the parking inside the tract.
Jim_Ruziechi, Huntington Central Task Force member, stated he agreed with the
original conception. He stated his top two priorities were organized sports
and spoke in favor of developing the undeveloped portions of the park.
George Cross, Huntington Central Task Force member, spoke in support of the
Task Force plan, but stated he preferred the original plan.
Discussion was held between Councilmember Kelly and Mr. Cross pertaining to
the process of voting by the Task Force.
Carol e nn-Hall spoke pertaining to a request for a therapeutic riding center
made by Carol Alter Nelson and her brother John. She stated the buildings
need to be as close as possible to the riding area.
David Allen, Therapeutic Riding Center of Huntington Beach President, stated
he believed the area near Goldenwest and Ellis next to the equestrian center
in the General Plan for Huntington Central Park should be changed to an H
designation for the needed building structures for a therapeutic riding center.
Ron Hagan, Community Services Director, stated the area could be changed to a
P & S designation to allow parking and structures.
Tom Duchene, Huntington Central Task Force member, stated he was in favor of
the original plan for the Huntington Central Park voted on by the Task Force
members in October 1991.
James Rush stated he believed that high intensity areas should be modified to
be passive areas and that he was not in favor of developing areas for special
interest groups.
Dave Sullivan, Huntington Central Task Force member, stated he was authorized
to speak for the Task Force by Ralph Bauer and Debbie Cook and that the Task
l�5 Force was in favor of the compromised plan.
n
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Page 3 - Council/Agency Minutes - 7/20/92
!Cris Thomas requested that Council leave the undeveloped area as it is stating
that it is used for horseback riding, watching animals and hawks in the area,
jogging, walking, and riding bikes.
Carrie Thomas stated she believed that the people of Huntington Beach want the
park to remain passive and the another survey should be circulated if there
was a question.
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 Winchell, seconded by Green, to:
1. Thank and commend the HCP Task Force members on their efforts in
developing a land use master plan for HCP.
2. Adopt the Huntington Central Park Land Use Designation Master Plan
as recommended by the HCP Task Force and Community Services
Commission.
3. Direct staff to work with the Community Services Commission to
prepare a specific plan of recreational amenities for Huntington
Central Park that is consistent with the adopted land use
designations.
4. Authorize an expenditure of up to $50,000 from Park Acquisition and
Development Funds for Cardoza-DiLallo-Harrington; landscape
architectural consultant, to prepare the specific plan.
Following discussion, a motion was made by Green, seconded by MacAllister, to
amend the motion to vote on No. 1 separately. The motion carried by the
following roll call vote:
AYES: Robitaille, Winchell,
NOES: None
ABSTAIN: Kelly
ABSENT: Moulton -Patterson
Silva, Green, MacAllister
The motion made by Winchell, seconded by Green, to:
2. Adopt the Huntington Central Park Land Use Designation Master Plan
as recommended by the HCP Task Force and Community Services
Commission.
3. Direct staff to work with the Community Services Commission to
prepare a specific plan of recreational amenities for Huntington
Central Park that is consistent with the adopted land use
designations.
4. Authorize an expenditure of up to $50,000 from Park Acquisition and
Development Funds for Cardoza-DiLallo-Harrington, landscape
architectural consultant, to prepare the specific plan.
The motion FAILED by the following roll call vote:
AYES: Winchell, Green
NOES: Robitaille, Silva, MacAllister, Kelly 1 6 6f
ABSENT: Moulton -Patterson
Page 4 - Council/Agency Minutes - 7/20/92
A motion was made by Kelly, seconded by Robitaille, to adopt Alternative
option identified as "B", direct staff to work with the Community Services
Commission to prepare a specific plan of recreational amenities for Huntington
Central Park that is consistent with the adopted land use designations,
authorize an expenditure of up to $50,000 from Park Acquisition and
Development Funds for Cardoza-DiLallo-Harrington, landscape architectural
consultant, to prepare the specific plan. The motion carried by the following
roll call vote:
AYES: Robitaille, Silva, MacAllister, Kelly
NOES Winchell, Green
ABSENT: Moulton -Patterson
Motion Re: Parking Structure Fails
A motion was made by Green, seconded by Winchell, to change the P snowflake on
the Marion property to a PS snowflake to allow for a parking structure.
Following an explanation by the Community Services Director, the Councilmember
Green withdrew the motion.
(City Council) PUBLIC HEARING - ZONE CHANGE NO. 92-1 - PACIFIC COAST HOMES -
APPROVED - NEGATIVE DECLARATION NO. 92-6 APPROVED ORDINANCE
NOS. 3166/3167/3168 --APPROVED INTRODUCTION (450.20)
The Mayor announced that this was the day and hour set for a public hearing to
consider the following:
APPLICATION NUMBER: Zone Change No. 92-1
Negative Declaration No. 92-6
APPLICANT: Pacific Coast Homes
L ATI N:
Parcel A - North side of Palm Avenue approximately 100 feet southeast of
Cherry Hill Lane.
Parcel B - Approximately 500 feet west of the terminus of Clay Avenue.
Parcel C - Approximately 500 feet north of the intersection of Ofelin
Lane and Morning Tide Drive.
REQUEST:
Rezone three (3) parcels:
Parcel A - From R2-PD-O-CZ (Medium Density Residential) to ROS-O-CZ
(Recreation Open Space)
Parcel B - From R4-0 (High Density Residential) to ROS-0 (Recreation Open
Space) .
Parcel C - From R4-Ol-CZ (High Density Residential) to ROS-01-CZ
(Recreation Open Space)
ENVIRONMENTAL: STATUS: Covered by Negative Declaration No. 92-6
COASTAL STATUS: Zone Change No. 92-1 will result in an amendment to the
City's Local Coastal Program.
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
167 the matter.
Page 5 - Council/Agency Minutes - 7/20/92
The City Clerk presented a communication she had received July 20, 1992 from
Ile City Administrator pertaining to the Zone Change No. 92-1: Recreation Open
Space Zone Changes in the Seacliff Area.
The City Clerk presented Ordinance No. 3166 for Council approval - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE A CHANGE OF ZONING FROM
R2-PD-O-CZ TO ROS-O-CZ ON REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM
AVENUE APPROXIMATELY 100 FEET SOUTHEAST OF CHERRY HILL LANE (DISTRICT MAP 3)."
The City Clerk presented Ordinance No. 3167 for Council approval - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE A CHANGE OF ZONING FROM
R4-0 TO ROS-0 ON REAL PROPERTY LOCATED APPROXIMATELY 500 FEET WEST OF THE
TERMINUS OF CLAY AVENUE (DISTRICT MAP 3)."
The City Clerk presented Ordinance No. 3168 for Council approval - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE A CHANGE OF ZONING FROM
R4-01-CZ TO ROS -01-CZ ON REAL PROPERTY LOCATED APPROXIMATELY 500 FEET NORTH
OF THE INTERSECTION OF OFELIA LANE AND MORNING TIDE DRIVE (DISTRICT MAP 3)."
Howard Zelefsky, Planning Director, presented a staff report.
The Mayor declared the public hearing open.
lay Kreitz, Huntington Seacliff Homeowners' Association, stated agreement was
needed pertaining to the location and composition of the road and the location
of the gate. He stated he was in support of Zone Change 92-1.
Bill Holman, applicant, stated he was present to answer questions.
GeorgeArnold stated that he believed there were too many parks and the open
space was not needed.
Discussion was held between Councilmember Robitaille and Bill Holman
pertaining to the homeowners' concerns.
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 Kelly, seconded by Green, to approve introduction of
Ordinance Nos. 3166, 3167, 3168 after reading by title, and to approve
Negative Declaration No. 92-6 and Zone Change No. 92-1 with the following
findings:
Findings for Approval - Zone Change No. 92-1
1. The proposed zone change of three (3) parcels from R2-PD-0-CZ to
ROS--O-CZ, R4-0 to ROS-0, and R4-01-CZ to ROS-01-CZ conforms with the Land
Use and Coastal Elements of the General Plan. Any development shall
provide a line-of-sight/visual intrusion study which will analyze visual
impacts to existing residential development.
2. The proposed zone change of three (3) parcels from R2-PD-0-CZ to
ROS-O-CZ, R4-0 to ROS-0, and R4-01-CZ to ROS-01-CZ is consistent with
surrounding recreation and residential land uses.
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Page 6 - Council/Agency Minutes - 7/20/92
The motion carried by the following roll call vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ASSENT: Moulton -Patterson
The Mayor announced that this was the day and hour set for a public hearing to
consider the following:
APPLICATION NUMBER: Code Amendment No. 92-2
APPLICANT: City of Huntington Beach
L ATI N: City -Wide
ZONE: Not Applicable
REQUEST: Amend Article 988 (Appeals) of the Huntington Beach Ordinance Code
to eliminate the need for appeal of any item for which the Planning Commission
action is merely advisory to the City Council. This amendment will provide
that appeals of Planning Commission decisions may be taken only on matters
upon which the Planning Commission action would otherwise be final.
ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15061, Class 3
of the California Environmental Quality Act.
COASTAL STATUS: Not applicable
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. 3165 for Council approval - "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING
HUNTINGTON BEACH ORDINANCE CODE SECTIONS 9880 RELATING TO APPEALS FROM
PLANNING COMMISSION DECISIONS."
Howard Zelefsky, Planning Director, presented a staff report.
The City Clerk reported.
The Mayor declared the public hearing open.
George Arnold spoke in opposition to Code Amendment No. 92-2.
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.
1
169
Page 7 - Council/Agency Minutes - 7/20/92
A motion was made by Winchell, seconded by MacAllister, to approve
introduction of Ordinance No. 3115 after reading by title, and approve Code
Amendment No. 92-2 with the following findings:
Findings for Approval - Code Amendment No. 92-2
1. Code Amendment No. 92-2 will be consistent with the goals and policies
contained within the General Plan by eliminating the need to appeal
actions of the Planning Commission which would automatically go to the
City Council for final action.
2. Code Amendment No. 92-2 will provide a clearly defined appeals process
for which advisory actions by the Planning Commission require final
review and approval by the City Council.
3. Code Amendment No. 92-2 will not remove any protections provided by the
appeal process regarding all actions which end at the Planning Commission
level will continue to be appealable to the City Council.
The motion carried by the following roll call vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
The City Attorney reported.
I. RECESS - REONVENE
The Mayor called a ten minute recess of Council. The meeting was reconvened.
PUBLIC COMMENTS
David Tamarin, Huntington Landmark resident, spoke pertaining to the traffic
signal he had requested at Atlanta and Greenfield. He stated he was not
speaking for a special interest group as had been suggested and that the
traffic signal was needed for safety reasons.
Connie �cerned stated she believed there was a drug problem at Slater Avenue
west of Beach Boulevard and that the community should ban together and not
tolerate the activity.
In response to Councilmember Kelly's inquiry, Captain Schneblin reported that
there was a police substation for that area and that they were doing the best
possible job with the available personnel.
Tom „Bagshaw, Cart/Kiosk Committee Chairman, recommended that Council follow
staff's recommendation to approve the rules and regulations for carts/kiosks
and nonfood outdoor sales in the downtown redevelopment area.
Marilyn Salem stated she did not believe that carts and kiosks in the downtown
area were in the best interest of the community.
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Page 8 - Council/Agency Minutes - 7120/92
Ari Gati, Cart/Kiosk Committee Chairman, presented to Councilmembers a
petition bearing approximately 60 signatures of persons in support of carts
and kiosks in the downtown area. He read his recommended rules and
regulations and stated he believed there should be code enforcement on those
persons not following the guidelines.
Nancy Wylie spoke in opposition to carts and kiosks in the downtown area. She
stated she believed that only temporary permits should be issued for outdoor
sales and displays..
Jud Rodriguez, Downtown Business Association Vice President, stated that the
downtown business had improved and that Pierfest was a success. He stated
there was some confusion pertaining to public open space in the Main Promenade.
Discussion was held between Mr. Rodriquez and Council.
Ron Hagan, Community Services Director, stated.that open space was considered
to be the mall area around the fountain and the Main Promenade.
Suzanne Mullen spoke in support of carts and kiosks in the downtown area in a
regulated limited fashion.
Bob Ghan stated he was a member of the Downtown Business Association, that the
members meet twice monthly and that they were in the process of writing the
bylaws. He spoke in support of carts and kiosks in the downtown area.
Dianne Easterling spoke in opposition to the use of carts and kiosks. in the
downtown area. She stated the persons operating carts and kiosks deal in cash
and do not have a tape to record sales for sales tax determination.
George Draper spoke in support of carts and kiosks in the downtown area.
Doug Lanaevin spoke pertaining to the Downtown Business Guild. He spoke in
support of the item pertaining to carts and kiosks in the downtown area and
stated he believed the three existing kiosks should be grandfathered in.
Mike Thorn spoke in support of regulated carts and kiosks in the downtown area
and stated he believed the carts and kiosks enhance the courtyard.
Gary Hoisington spoke in support of carts and kiosks in the downtown area. He
also spoke in support of the Downtown Merchants Association.
Discussion was held between Mr. Hoisington and Councilmember Kelly regarding
the number of downtown groups involved.
Jeffrey Jacobson spoke in opposition to carts and kiosks in the downtown
area. He stated he believed an uncontrolled proliferation of carts was not
good for merchants.
Chuck Ailey, committee member, questioned the committee process and spoke in
opposition to carts and kiosks in the downtown area.
Jerry Bame, on behalf of Robert Koury, stated that there were signed leases
with persons operating three carts located at the Main Promenade and that they
were obligated for inside and outside space and that they have health
inspection approvalHe stated the persons operating carts had landlord
approval and believed the carts to be attractive.
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Page 9 - Council/Agency Minutes - 7/20/92
In answer to Coun c i 1 member Winchell's inquiry, Jerry Bame stated that the
courtyard area of the Main Promenade was quasi -public area.
Arnold Fi h 1 questioned the necessity of agendizing the item pertaining to
the municipal pier security.
Robert ,Thomas, Huntington Beach Marine Safety Division, spoke pertaining to
the management of the Huntington Beach Marine Safety Division.
The City Administrator stated he would respond with a written report.
Bob -Biddle stated that Pierfest was a wonderful event. He stated he believed
the city lacked effective code enforcement for carts in the downtown area and
that they should be permitted only for special events. He stated he believed
the footprint of a downtown cart was increasing, and he presented a photograph
of this to Council. He requested a response to the communication he had
submitted regarding the Pepsi Cola concession on the municipal pier.
Nancy Nimmons spoke in support of the Farmer's Market but suggested a dress
code due to a seller wearing a vulgar t-shirt.
Kelly Shanle stated she believed there was inappropriate signage on t-shirts
in stores on Pacific Coast Highway near Main Street. She stated she chose not
to patronize those stores. She requested that the city be more selective of
booths for the Farmers' Market.
Mark Porter questioned the timeliness of a letter sent by Mayor Silva
pertaining to shopping in Huntington Beach.
The Deputy City Administrator/Economic Development, stated the letter signed
by Mayor Silva was mailed late but that the dates were not changed due to the
Council resolution designating June and July.
Uri Gati_ spoke in support of a limited number of carts being allowed on
private property.
Dave Sullivan expressed his concerns for the possibility of an excessive
proliferation of carts and the size of the carts.
GeorgeArnold stated he did not believe there would be any buildings on the
pier for two to three years. He spoke in support of carts in the downtown
area. He stated there was signage needed on the pier pertaining to dogs,
bicycles, and no jumping off the pier.
The City Attorney stated there should be signage on the pier of any known
danger.
Mayor Silva requested the City Administrator to investigate the matter.
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Page 10 - Council/Agency Minutes - 7/20/92
MOTION TO PROCEED WITH COUNCIL MEE ING CARRIED
In response to the City Administrator's inquiry pertaining to continuing the
Council meeting due to the lateness of the hour, a motion was made by
MacAllister, seconded by Kelly, to proceed with the meeting. The motion
carried by the following roll call vote:
AYES: Winchell, Silva, MacAllister, Kelly
NOES: Robitaille, Green
ABSENT: . Moulton -Patterson
INT MEETING OF HUNTINOON BEACH PARKING AULTHORITYICITY COUNCIL/REDEVELOP-
MENT AGENCY
Chairman Silva called the special meeting of the Huntington Beach Parking
Authority of the City of Huntington Beach to order at 7 p.m.
HUNTINGTON BEACH PARKING AUTHORITY. ROLL CALL
PRESENT: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
ABSENT: Moulton -Patterson
The Secretary was directed to read the Call for Special Meeting.
CALL FOR SPECIAL MEETING
OF
HUNTINGTON BEACH PARKING AUTHORITY
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 of a Special Meeting of the. Huntington Beach Parking
Authority on Monday, July 20, 1992, at 7:00 P.M., in the Huntington Beach City
Council Chambers for the purpose of (1) considering the approval of an
expenditure of $118,807 from the Parking Authority Unappropriated Fund Balance
for the operation of two Pepsi Cola vending booths on the pier July 18 through
September 7, 1992 and (2) to consider giving direction to City staff to
contract for on -site security for the pier daring closed hours from July 20 to
September 30, 1992 at a cost of $4,172 and utilize the Parking Authority Fund
Balance for this purpose.
Dated: July 14, 1992 /s/ Jim _Silva,
Chairman, Huntington Beach Parking
Authority
ATTEST:
/s/ Connie Brockway
173 Connie Brockway, Secretary
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Page 11 - Council/Agency Minutes -- 7/20/92
I hereby certify that I received the above notice, "Call for Special Meeting
of the City of Huntington Beach Parking Authority", prior to 7:00 P.M., on
Sunday, July 19, 1992.
Isl Jim Silva
Chairman, Huntington Beach
Parking Authority
(Parking Authority) MUNICIPAL. PIER SECURITY - APPROVED (240.10)
The Secretary presented a communication from the Community Services Director
regarding the need to provide security on the pier during closed hours until
the new gates are built and installed on October 1, 1992.
A motion was made by MacAllister, seconded by Kelly, to direct staff to
contract for on -site security for the pier during closed hours from
July 20, 1992 to September 30, 1992 at a cost of $4,172 and utilize the
Parking Authority Fund Balance for this purpose. The motion carried by the
following roll call vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
(Parking Authority) PEPSI COLA CONCESSION ON MUNICIPAL PIER - APPROVED
(240.10)
The Secretary presented a communication from Community Services Director
regarding the need to amend the 1992/93 budget to include revenues and
appropriate funds to operate two Pepsi Cola booths on the pier as part of the
City's obligation to secure the sponsorship for the Pierfest 192.
The Secretary presented a communication she had received July 17, 1992 from
Bob Biddle regarding the Pepsi Cola concession on the pier.
A motion was made by MacAllister, seconded by Silva, to approve the
expenditure of $118,807 from the Parking Authority Unappropriated Fund Balance
for the operation of two Pepsi Cola vending booths on the pier July 18, 1992
through September 7, 1992. The motion carried by the following roll call vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
ADJOURNMENT HUTINGTON BEACH PARKING AUTHORITY MEETING
The Chairman adjourned the annual regular meeting of the Huntington Beach
Parking Authority.
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Page 12 - Council/Agency Minutes - 7/20/92
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by MacAllister, second Kelly, Council approved the following items,
as recommended, by the following roll call vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
(City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and
adopted minutes of Council/Agency adjourned regular meetings of June 1, 1992
and June 8, 1992 and regular meeting of June 1, 1992 as written and on file in
the Office of the City Clerk.
Councilmember Green abstained from the June 1, 1992 minutes. Councilmember
Kelly abstained from the regular meeting of the June 1, 1992 minutes from
11 p.m, to the end.
(City CQunci1) BID AWARD - APPROVED - IMLQT SEWER RE A ILITATION - STEVE
CASADA CONSTRUCTION COMPANY - CC-834 (600.60) - Accepted the low bid of
Steve Casada Construction for the Townlot Sewer Rehabilitation Project,
authorize the Director of Public Works to expend $35,200 to cover contract
cost of $27,368, estimated construction change orders of $2,737 and
anticipated incidental costs of $5,095, 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:
Steve Casada Construction $27.368.00
B.R. Day Construction 37,720.00
Pitts Brothers Construction 38,262.66
J.J. Plumbing 41,959.39
Clarke Contracting Corp. 44,949.50
Tomar Engineering 46,710.00
Gerdes Construction 53,790.00
•. . L� yyY1,L / 1%L11y fn,+Will V, Ln%L.J - 4 IF%La3 l.nRn a anL.L-n nnnU_n W-nnna - FLnnJ O[
SPECIFICATIONS - APPROVED - CALL FOR BIDS - AUTHORIZED - CC-774 - Approved
plans and specifications for renovation of lakes at Chris Carr and Greer Annex
Parks, authorized the Director of Public Works to solicit bids for
construction upon the receipt of pending environmental approvals, approved
sample construction contract subject to award of contract to Council approved
lowest responsive bidder (approximate cost $250,000).
(City Council) REAPPOINTMENTS TO ENVIRONMENTAL,,. 808RD - APPROVED - NORMAN
SMITH - DANIEL TORRES (110.20) - Approved the reappointments of Norman
Y. Smith and Daniel Torres to second four-year terms on the Environmental
Board to expire June 30, 1996.
175
Page 13 - Council/Agency Minutes - 7/20/92
(City Council) ADOPTS LOCAL „MSTAL,._ PBXRAM RAM AMENDMENT 8Q92-2 - ZONE CHANGE
NO. 90-12 ZONE CHANGE NO. 92-1RELUTION NO, _6404 -_ ADOPTED (420.85) -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 92-2 SEACLIFF AREA
ZONE CHANGES." (Incorporates Zone Change No. 90-12 and Zone Change No. 92-1
into the City's certified Local Coastal Program)
o v i 1 RV_uV_rV_1mMr_" 1 n r-n 1 Ra 1 1 lY4/iFL—
(600.30) - Approved Sample Agreement between the City of Huntington Beach and
Lewis, D'Amato, Brisbois & Bisgaard for legal services for Bloom v
City/Agency, approve retention of the law firm with the personal involvement
of Don Ruston to defend the City and Agency for a sum not to exceed $100,000,
authorize execution of the appropriate contract for legal services, and
authorized transfer and appropriation of $100,000 from the Main Pier
Redevelopment Project Fund E-TA-ED-810-4-05-00 to City Attorney budget,
Account No. E-AA-AT-130-4-05-00.
(Rgdevelgpment Agency)E ATI F COLLIN-S=ZNEIBEL ONNER PARTICIPATION
A REEME - TALBERT-BMREDDIELOPMENT PROJECT AREA - AGENCY RESOLUTION
NO, 225.- ADOPTED (600.30) - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH TERMINATING THE PARTICIPATION AGREEMENT WITH
COLLINS--ZWEIBEL."
(Ci±y__ Council) SUPPORT OF___AMICUS CURIAE BRIEF_.. APPROVED - HUB CITIES
CONSORTIUM - JOB TRAINING M-tIES (630.50) - Authori zed the City Attorney to
join in the Amicus Curiae Brief in support of HUB Cities Consortium. (Cities
of Cudahy, Huntington Park, Lynwood, Maywood and South Gate.) (Job training
monies.)
(City n it) THREE_ R MEMORANDUM OF UNDERSTANDING - H.B. FIREFIGHTERI
ASSOCIATION - RESOLUTION NO. 6406 - ADOPTED (720.20)
The City Clerk presented a communication from Administration transmitting a
Memorandum of Understanding between the City and the Huntington Beach
Firefighter's Association,
The City Clerk presented Resolution No. 6406 for Council adoption - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH
FIREFIGHTER'S ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1990-1993."
The City Administrator presented a staff report.
A motion was made by Kelly, seconded by Robitaille, to adopt Resolution
No. 6406 approving a three year Memorandum of Understanding between the City
and the Huntington Beach Firefighter's Association, and to approve the
reduction in the contribution to the Retiree Medical Fund, for Fire
Association employees, from 3% of payroll to 1% of payroll. The motion
carried by the following roll call vote:
AYES: Robitaille, Winchell, Silva, MacAllister, Kelly
NOES: Green .19
ABSENT: Moulton -Patterson
Page 14 - Council/Agency Minutes - 7/20/92
(City CQUncil) REPORT ON SIDEWALK CAFES - CARTSlKIOSKS - NONFOOD OUTDOOR
SALES & DISPLAYS IN DOWNTOWj. REDEVELOPMENT AREA (420.20)
The City Clerk presented a communication from the Community Services Director,
Community Development Director, Economic Development Director and Public Works
Director regarding sidewalk cafes, carts/kiosks and nonfood outdoor sales and
displays in the downtown redevelopment area.
The City Clerk presented a communication received July 17, 1992 from Ari Gat!
pertaining to alternative recommendation for rules and regulations outlined in
Guidelines pertaining to Carts/Kiosks. She also presented a communication
from Dianne Easterling received July 20, 1992 pertaining to carts and kiosks.
Ron Hagan, Community Services Director, presented a staff report using
slides. He presented a report to Council entitled "Types of Activity".
Discussion was held between staff and Council pertaining to the public
comments made on carts and kiosks.
A motion was made by MacAllister, seconded by Green, to allow sidewalk cafes
on public and private property with the rules and regulations outlined in the
report dated July 20, 1992. The motion carried by the following roll call
vote:
AYES: Robitaille, Winchell, Silva. Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
Guidelines To BeMini-Parks/Public Walkwayl
In response to Council's concerns pertaining to the use of mini -parks and
public walkways by sidewalk cafes, the Community Services Director stated he
would present Council with guidelines.
Outdoor Sales Public/Private Property To BeAllowed
A motion was made by MacAllister, seconded by Silva, to allow outdoor sales on
Public and private property for a maximum of 15 days per year (not counting
city special events). The motion carried by the following roll call vote:
AYES: Robitaille, Winchell. Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
Car„ts/Kiosk� on Private Property Allowed - Thr a Carts Graodfathered
A motion was made by Winchell, seconded by MacAllister, to allow carts and
kiosks on private property and grandfather in the three existing carts that
are on quasi -public property. The motion carried by the following roll call
vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister
NOES: Kelly
ABSENT: Moulton -Patterson
177
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Page 15 - Council/Agency Minutes - 7/20/92
(City Council/RedgvelQMent-Agency) REDEVELOPMENT MJDGET AMENDMENT - COUNCIL
REQLUTION N0. 6405 - ADOPTED - AGENCY RESOLUTION N0. 2!3
29 — ADOPTED }9-9e)
Szot 20 ?
The City Clerk presented a communication from Economic Development Director
and Deputy City Administrator regarding an amendment to the Redevelopment
Agency budget reflecting the changes resulting from refinancing the Agency's
1988 bond debt and to reflect new state legislation.
The Clerk presented Resolution No. 229 for Agency adoption - "A RESOLUTION
OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH FINDING AND
DETERMINING THAT THE USE OF MONIES FROM THE LOW AND MODERATE INCOME HOUSING
FUND OUTSIDE THE PROJECT AREAS AND AGGREGATING THE LOW AND MODERATE INCOME
HOUSING FUNDS FROM THE VARIOUS PROJECT AREAS WILL BENEFIT THE PROJECT AREAS,
AND AUTHORIZING THE EXPENDITURE OF SUCH FUNDS."
The City Clerk presented Resolution No. 6405 for Council adoption - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND
DETERMINING THAT THE USE OF MONIES FROM THE LOW AND MODERATE INCOME HOUSING
FUND OUTSIDE THE PROJECT AREAS AND AGGREGATING THE LOW AND MODERATE INCOME
HOUSING FUNDS FROM THE VARIOUS PROJECT AREAS WILL BENEFIT THE PROJECT AREAS,
AND AUTHORIZING THE EXPENDITURE OF SUCH FUNDS."
A motion was made by MacAllister, seconded by Silva, to approve the amendments
to the 1992/93 Redevelopment Agency budget as described in Attachment No. 1 to
the RCA dated 7/20192, adopt Resolution No. 229 and adopt Resolution
No. 6405. The motion carried by the following roll call vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
(City Council) LOCAL BUSINESS BIDDERS PREFERENCE - CITY PURCHASES - ORDINANCE
NO. 3144 - ADOPTED 0) E 10 0. 1 o )
The City Clerk presented a communication from Administration transmitting
Ordinance No. 3144 providing local businesses a credit or preference on bids
under the City's purchasing procedures.
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 A 1% CREDIT
TO LOCAL BIDDERS."
A motion was made by Winchell, seconded by MacAllister, to approve
introduction of Ordinance No. 3144 After reading by title. The motion
carried by the following roll call vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
Councilmember Winchell requested a six-month review as to impact and
Administrative costs.
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Page 16 - Council/Agency Minutes - 7/20/92
IIIL. 1'Y11 I\-v i 0..4% " L_WL. VL.L.Vr rILI\ 1 _r 1\VVLLI r%F%Ln - AULI■VI
RESOLUTION NO. 230 - ADOPTED (600.30) The Clerk presented a communication transmitted by the Economic Development
Director regarding a replacement housing plan for the Phase II/Coultrup
Project located in the Main -Pier Redevelopment Project
The Clerk presented Resolution No. 230 for Agency adoption - "A RESOLUTION
OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING A
REPLACEMENT HOUSING PLAN FOR THE COULTRUP AND MAIN PIER PHASE II PROPERTY
ONNERS ASSOCIATION PROJECT."
A motion was made by Winchell, seconded by Silva, to adopt Resolution
No. 230. The motion carried by the following roll call vote:
AYES: Robitaille, Winchell, Silva. Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
(City Council)LICENSE AGREEMENT - APPROVED -- CARDEN'S COIN OPERATED
TELESCOPES ON BEAM & PIER (600.35)
The City Clerk presented a communication from Community Services Director
transmitting an agreement between the City and Carden's Coin Telescopes for
public telescopes on the beach and pier.
A motion was made by MacAllister. seconded by Green, to approve and authorize
execution of Agreement between the City and Carden's Coin Telescopes for coin
operated telescopes on Beach and Pier for a five year term at a rental fee to
the City of 50% of the gross receipts. The motion carried by the following
roll call vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
KCit.y Council) RDINAN E T - ADOPTED - SPEED LIMITS (580.60)
The City Clerk presented Ordinance No. 3133 for Council adoption -- "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.12 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO SPEED LIMITS." City-wide speed
limit ordinance. (Speed limits will increase on approximately 30% of the
streets surveyed.)
A motion was made by Kelly, seconded by MacAllister, to adopt Ordinance
No. 3133 after reading by title. The motion carried by the following roll
call vote.
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
179
Page 17 -- Council/Agency Minutes - 7/20/92
Council) ORDINANCE - ADOPTION FAILED - TELEPH NE TAX -
CHARGE 1140.501
The City Clerk presented Ordinance No. 3162 for Council adoption - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH MUNICIPAL
CODE SECTION 3.36.030 PERTAINING TO TELEPHONE TAX - CHARGES." (Amends
ordinance using language appropriate to today's technology by simplifying its
application to cellular telephone usage.)
A motion was made by Kelly, seconded by MacAllister, to adopt Ordinance
No. 3162 after reading by title. The motion FAILED by the following roll
call vote as five affirmative votes were required for adoption:
AYES: Robitaille, Winchell, Green, Kelly
NOES: Silva, MacAllister
ABSENT: Moulton -Patterson
JCity Council) R AN E NO. 31fi3- - VIOLATION EXEMPT POLICE
PERSONNEL (530.10)
The City Clerk presented Ordinance No. 3163 for Council adoption - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 10.08.070 THEREOF TO PROVIDE FOR EXEMPTION
FROM VIOLATIONS FOR POLICE DEPARTMENT PERSONNEL WHILE IN THE COURSE AND SCOPE
OF THEIR OFFICIAL DUTIES." (Adds the police bicycle patrol to the ordinance
covering emergency vehicles.)
A motion was made by. MacAllister, seconded by Green, to adopt Ordinance
No. 3163 after reading by title. The motion carried by the following roll
call vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
(Cityn i ORDINANCE P - COST REIMBURSEMENT DI TRI T
(350.10)
The City Clerk presented Ordinance No. 3151 for Council adoption - "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 17.68 ENTITLED COST
REIMBURSEMENT DISTRICTS."
A motion was made by MacAllister, seconded by Green, to adopt Ordinance
No. 3151 after reading by title. The motion carried by the following roll
call vote:
AYES: Robitaille, Winchell, Silva, Green, MacAllister, Kelly
NOES: None
ABSENT: Moulton -Patterson
10
Page 18 - Council/Agency Minutes - 7/20/92
STAFF REPORT REQUESTED - RECONSIDERATION PROCESS - ORD NO 3162 - TELEPHONE
TAX
Councilmember Winchell requested a staff report pertaining to the process by
which reconsideration could occur for Ordinance No. 3162, Telephone Tax.
COUNCIL MEETING DEDICATED TO DR. DIANA PETERS. FORMER SCHQQL SUPERINTENDENT
Mayor Silva announced that the Council meeting was dedicated to Dr. Diana
Peters, former Huntington Beach City School District Superintendent, who had
passed away.
STAFF D RE I N RE: ALE NTR L OF PORNOGRAPHIC T- HIR DOWNTOWN AREA
Councilmember MacAllister requested staff to investigate the selling of
pornographic t-shirts by YIarious downtown merchants and how to control it.
AD RNMENT - COUNfILlREDEVELOPMENT AGENCY
Mayor Silva adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to 5:30. p.m., Monday,
August 3, 1992, Room B-S, Civic Center, Huntington Beach, California.
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
ATTEST: Huntington Beach, California
City Clerk/Clerk Mayor/Chairman
181