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HomeMy WebLinkAbout1992-09-08 (8)MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Room B-8, Civic Chamber Huntington Beach, California tuesday,September 8, 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 COUNCILIREDEVELOPMENT AGENCY ROLL _CAL PRESENT: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly ABSENT: None STUDY SESSION: PRESENTATION — CON'STRUCTION CHANGE ORDERS Bob Eichblatt, City Engineer, stated the city initiates construction change orders when problems are discovered. Using. slides, he gave a presentation on the causes and the process. Following discussion between Council and staff, Councilmember Green stated that the presentation given by the City Engineer should be part of an orientation for new Councilmembers. TATUS OF PACIFIC COAST HIGHWAY BIKE LANE Jim Otterson, Traffic Engineer, reported on the status of Pacific Coast Highway Bike Lanes. In response to Councilmember MacAllister's inquiry, the Traffic Engineer stated the bicyclists agree with the CalTrans plan. Discussion was held between Council and staff pertaining to median width and outside lane width. Page 2 - Council/Agency Minutes - 9/8/92 PUBLIC HEARINGS To BE CONTINUED - CITY FEE SCHEDULE 8ND INTEGRATED RE LIN Y TEM The City Administrator stated that the public hearing to establish a city fee schedule for the mitigation monitoring and reporting program would be continued to October 5, 1992. He also stated that the public hearing for Integrated Recycling Systems would be continued due to the applicant's request. (CityCouncil DISCUSSION HELD RE: PUBLIC HEARIN -..TO ESTABLISH A PARKIN AND BUSINESS IMPROVEMENT AREA - HUNTINGT N BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT - ORDINANCE NO. 3175 INTRODUCTION (460.30) Following an opinion from the City Attorney, Councilmember Winchell stated she believed the ordinance should be consistent to all businesses. (CityCouncil) I I N HELD RE: SUPPORT OF AMICUS CURIAE BRIEF - AEROSOL 5PRAY PAINT CONTAINERS/MARKER PENS (630.50) Councilmember Robitaille stated he was not in support of the item pertaining to the Aerosol spray paint containers and that it should be removed from the Consent Calendar at the 7 p.m. meeting. (City Council) DISCUSSION HELD RE: POLICY FOR NAMING OF CITY PARKS - RESOLUTION NO. 6424 (100.10) The Community Services Director stated the item pertaining to the policy for naming city parks should be removed from the Consent Calendar at the 7 p.m. meeting for clarification. (City Council) DISCUSSION HELD _RE: BARTLETT PARK DEVELOPMENT - PUBLIC GOLF R E APPROVAL IN CONCEPT & HISTORICAL BUILDING DEMOLITION & REMOVAL (920.40) In response to Councilmember Green's inquiry pertaining to feasibility of a golf course at Bartlett Park. The Community Services Director reported that the aim of the proposals is to determine if there is interest. The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.6 to confer with its attorney regarding pending litigation - United States v. Montrose Chemical; City of Huntington Beach, et al - OCSCC-CV90-3122AAH. (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 regarding negotiations with Coultrup Development Corporation concerning the purchase/sale/exchange/lease of the property located between Main Street, Pacific Coast Highway and 5th and Walnut - Main -Pier Phase II. (120.80) z33 Page 3 - Council/Agency Minutes - 9/8/92 The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9 (b) (1) and 54956.9 (c) to give instructions to its negotiator regarding employee retirement issues. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957 to consider personnel matters. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 6:20 p.m. The meeting was reconvened at 6:55 p.m. ADJOORNMENT - IL/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. ATTEST: City Clerk/Clerk 4�lO LG W4"� Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the Ci ty Counci 1 of the Ci ty of Huntington Beach, California Mayor/Chairman 234 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Tuesday, September 8, 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. PRESENT: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly ABSENT: None FLAG ER M NY Mayor Silva led the pledge of allegiance. PRESENTATION - AUTOMBILE CLUB OF SOUTHERN CALIFORNIA -"PEACE OFFICER'S SAFE DRIVING AWARD" Mr. Al Witt, Automobile Club of Southern California, presented plaques to Mayor Silva and Police Chief Ron Lowenberg in recognition for officers from the Huntington Beach Police Department who will receive the "Peace Officer's Safe Driving Award" from the Southern California Automobile Club. COMMENDATI - JOHN MORGAN - SWIMMING COMPETITION- PARAOLYMPICS Mayor Silva, on behalf of the City Council and the citizens of Huntington Beach, cited John J. Morgan's swimming accomplishments in the paraolympics and congratulated him and his family. He stated that John was competing in the paraolympics in Barcelona in the swimming competition during the present week. John has been a Huntington Beach resident since 1965. PROCLAMATION - MARGARET NYLAND - DY T A AWARENESS DAY_.- 9/12192 Mayor Silva presented a proclamation to Margaret Nyland to proclaim Saturday, September 12, 1992 Dystonia Awareness Day. Dystonia is a rare neurological disorder with no cure available. Mayor Silva urged the citizens to learn about the disorder and to aid and 's-upport those who suffer from dystonia. Page 2 - Council/Agency Minutes - 9/8/92 NOS. 6408 & 6413 (340.20) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Resolution No. 6408 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: City-wide REQUEST: Adoption of a City Fee Schedule for proposed mitigation monitoring and reporting program. 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 Mayor declared the public hearing open. A motion was made by Robitaille, seconded by Kelly, to continue the public hearing pertaining to Resolution Nos. 6408 and 6413 open to the October 5, 1992 City Council meeting. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) PUBLIC HEARING - CODE AMENDMENT N0. 90-1O(a) - MIXED DEVELOPMENT PROVISIONS FOR THE HOLLY-SEKLIFF SPECIFIC PLAN - NE CORNER OF GOLDENNESTIYORKTONN - ORQINANCE NO. 3170 - INTRODUCTION APPROVED AS AMENDED (450.30) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 90-1O(a) APPLICANT: City of Huntington Beach LOCATION: Mixed Development District located at the northeast corner of Goldenwest Street and Yorktown Avenue ZONE: Holly-Seacliff Specific Plan REQUEST: Establish Mixed Development Provisions for the Holly-Seacliff Specific Plan. ENVIRONMENTAL STATUS: This project is covered by an Addendum to Environmental Impact Report No. 89-1 which was certified by the City Council on February 10, 3 CK 1992. i i F1 Page 3 - Council/Agency Minutes - 9/8/92 COASTAL,$TATUS: 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 Ordinance No. 3170 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HOLLY-SEACLIFF SPECIFIC PLAN BY ADDING MIXED DEVELOPMENT PROVISIONS: CODE AMENDMENT 90-10(a)." The Community Development Director presented a staff report. The Mayor declared the public hearing open. Bill Holman spoke in support of Ordinance No. 3170 and stated he was present to answer questions. J rri Hes rich presented an informal petition bearing approximately 13 signa- tures of persons in opposition of Ordinance No. 3170. She expressed her concern about the visual intrusion from Holly Seacliff and requested modifica- tions for mitigation of the problem. Bob Biddle, General Plan Advisory Committee member, spoke in opposition of Ordinance No. 3170. Glen Hesprich spoke in opposition of Ordinance No. 3170 and using slides expressed his concerns pertaining to visual intrusion due to the setbacks. Karen J ackle spoke in opposition of Ordinance No. 3170 and listed her concerns. DDominick Tomaino stated he would not be speaking. 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. In response to Councilmember Winchell, the Community Development Director stated that a footnote after the words "building height" would be added to Page 3 of the Mixed Development Provisions: Under 4. Building Setbacks and Orientation: and when the ratios of building setbacks are mentioned, a foot- note after building height will occur at the bottom of the page to state "as measured from the adjacent arterial or closest arterial street". Following discussion, a motion was made by Winchell, seconded by Moulton -Patterson, to approve introduction of Ordinance No. 3170 after reading by title as amended to include wording in the Mixed Development Provisions under 4. Building Setbacks and Orientation that building height would be measured from the adjacent arterial or closest arterial street, and to approve Code Amendment No. 90-10(a) with the following findings for approval: Findings for Approval - Code Amendment No. -1 A : 1. Code Amendment No. 90-10(A) establishes Mixed Development provisions which are consistent with the City's General Plan regarding land use and circulation. 237 Page 4 - Council/Agency Minutes - 9/8/92 2. Code Amendment No. 90-10 (A) implements the City's General Plan by providing commercial and housing opportunities within the Mixed Development concept. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) LI HEARING - TO ESTABLISH A PARKING AND BUSINESS IMPR E- MFNT ARFA - FItINTTNr.TON RFArJI Aura nFAI_FRS RIISTNFSS IMPROVEMENT DISTRICT - - APPROVED INTRODUCTION (460.30) The Mayor announced that this was the day and hour set for a public hearing for the purpose of establishing a Parking and Business Improvement area to be known as the Huntington Beach Auto Dealers Business Improvement District. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communications or written protests were received on the matter. The City Clerk presented Ordinance No. 3175 to establish the Huntington Beach Auto Dealers Business Improvement District for Council's approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 3.52 TO THE HUNTINGTON BEACH MUNICIPAL CODE (NEW) ESTABLISHING THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT." Barbara Kaiser, Deputy City Administrator, Economic Development, presented a staff report. The Mayor declared the public hearing open. Rick Evans, Huntington Beach Automobile Dealers' Association Chairman, spoke in support of Ordinance No. 3175. 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 MacAllister, seconded by Kelly, to approve introduction of Ordinance No. 3175 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 Page 5 - Council/Agency Minutes - 9/8/92 C 1 The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Conditional Use Permit No. 92-31 APPELLANT: Rick Evans - Sign Committee, Huntington Beach Auto Dealer's Association/Rod Wilson -Electra Media APPLICANT: Rod Wilson -Electra Media/Redevelopment Agency L C_Q ATION: 7991 Center Avenue Z NE: C2 (Community Business) RE EST: To install an 85 foot tall, 1,200 square foot double faced, off -site electronic message center sign with two (2) changeable copy panels. The sign will advertise automobile businesses on Beach Boulevard that participate in the Huntington Beach Automobile Dealer's Association. APPEAL: The appellants are appealing the Planning Commission's approval of Condition of Approval No. 3 which prohibits businesses that advertise on the readerboard sign from utilizing temporary signage such as banners, flags, and pennants. ENVIRONMENTAL STATUS: This project has been covered by Negative Declaration No. 92-17. 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 Community Development Director presented a staff report. The City Attorney reported on the process to modify the ordinance. The Mayor declared the public hearing open. Risk Evans, appellant, Sign Committee for Huntington Beach Automobile Dealers` Association Chairman; stated he would be willing to meet with a committee comprising of staff and Council to discuss the issue in the future but that he did not believe it belonged as part of the Conditional Use Permit No. 92-31. 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 Kelly, to approve the appeal and delete Condition of Approval No. 3 of Conditional Use Permit No. 92-31 with all other findings and conditions of approval to remain in effect as follows: Page 6 - Council/Agency Minutes - 9/8/92 Findings for Approval - Conditional_ Use Permit No. 92-32 1. The location, site layout, and design of the proposed 85 foot tall electronic message center properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmoni- ous manner. The structure is at a sufficient height to be visible from the 1-405 (San Diego) Freeway and does not block visibility of any adjacent signage or structures in the area. 2. The combination and relationship of one proposed use to another on a site are properly integrated. While no other uses are present on the remnant parcel of land, the sign will be integrated into the existing tree and shrubbery landscaping. 3. The lease and/or sale of the city owned property to the City of Huntington Beach Redevelopment Agency for the installation of the elec- tronic message center is consistent with the following goals and policies of the General Plan: a. Circulation: Develop a system of streets and highways that ensures the safe and efficient movement of people and goods. The subject remnant parcel is not required for the Center Avenue/Beach Boulevard freeway off -ramp and may properly be disposed of without affecting the efficiency of effectiveness of the arterial highway system. b. Lan Use: Continuing to diversify the economic base of the City and increasing the tax base. The approval of Conditional Use Permit No. 92-31 will increase consumer awareness of automobile dealerships on Beach Boulevard and other participating businesses and thus increase tax revenue to the City. C. Lan : To continue to promote development of commercial centers. The approval of Conditional Use Permit No. 92-31 will increase the livelihood of existing and future businesses that participate in advertising on the sign. 4. The granting of Conditional Use Permit No. 92-31 for an 85 foot tall electronic message center will not adversely affect the General Plan of the City of Huntington Beach. 5. The access to and parking for the proposed 85 foot tall electronic message center does not create an undue traffic problem because no parking is necessary for the implementation of the readerboard sign. Conditions of Approval - Conditional Use Permit No. 92-31 1. The site plans and elevations received and dated July 27, 1992 shall be the conceptually approved layout with the following modifications: a. Revise the site plan to depict the correct project address, 7991 Center Avenue, in the lower right hand corner. b. The elevations shall depict anti -graffiti finish, if available, which shall be compatible with the proposed -sign materials and applied to a minimum distance of ten (10) feet above the base of the sign. 4a r. Page 7 - Council/Agency Minutes - 9/8/92 2. The sign shall be operated in conformance with the provisions specified in Section 9610.91el of the Huntington Beach Ordinance Code. 3. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations shall depict colors and building materials proposed. b. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. 5. The Planning Commission reserves the right to revoke this Conditional Use Permit No. 92-31 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 6. Conditional Use Permit No. 92-31 shall not become effective until Code Amendment No. 92-1 has been approved by the City Council and is in effect. 7. Conditional Use Permit No. 92-31 shall become null and void unless exer- cised within one Ill year of the date of final approval, or such exten- sion of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 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 Winchell, seconded by MacAllister, to create a committee, with Council, Rick Evans & staff to investigate in regards to balloons, pennants, and banners and return to council. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Mayor Silva stated he would meet with the City Administrator to establish a committee of five; two Councilmembers, one staff person, and two members from the Huntington leach Automobile Dealers' Association. 4 1, Page 8 - Council/Agency Minutes - 9/8/92 (City Council) CONTINUED OPEN PUBLIC HEARING TO 10/19/92 - APPEAL TO DENIAL OF BUSINESS LICENSE - INTEGRATED RECYCLING SYSTEMS TH COAST REFUSE) (340.30) The Mayor announced that this was the day and hour set for a public hearing to consider the appeal filed by Integrated Recycling Systems also known as South Coast Refuse Corp. to the denial of a business license regarding recycling trash drop off boxes and trash bins. (Appeal to City Administrator was denied on 4/28/92.) Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. The City Clerk distributed a communication from Alan Bartz, Attorney, dated September 8, 1992 on behalf of Integrated Recycling Systems requesting post- ponement of the public hearing. The Mayor declared the public hearing open. The City Administrator stated that there was a request from the applicant's attorney to defer the public hearing. The Public Works Director stated that October 19, 1992 would be an appropriate date to continue the public hearing. A motion was made by Green, seconded by Silva, to open the public hearing for the appeal to denial of business license for Integrated Recycling Systems and continue it to October 19, 1992 per the applicant's request. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None PUBLIC COMMENTS Mike Ferguson - Request for_Qrdinance Amendment - The City Clerk presented a communication from Mike Ferguson proposing that the city amend the Ordinance Code to exempt front yard fences from 42 inches height restriction for properties fronting secondary arterials. Mike Ferguson spoke pertaining to his fence and answered questions from Councilmember Kelly. Clayton D. King - Regarding Graffiti - Pacific Coast Hwy/Newland - The City Clerk presented a communication from Clayton King requesting removal of graffiti in the oil storage tanks near Pacific Coast Highway and Newland Street. Clayton King distributed photographs of the property. He requested the City Attorney to draft a letter to the owner of the property to maintain the property and to keep trespassers off or the property would be considered a public nuisance and the city would take action. Discussion was held between Clayton King and the Council pertaining to property ownership and description of the property. 1 Page 9 - Council/Agency Minutes - 9/8/92 Police Chief Eowenberg reported. The City Attorney stated she would like to have Clayton King's address and that she would find out the ownership and write a letter to make the owner aware of what is going on and that the city is aware of it. A motion was made by Green, seconded by Winchell to direct the City Attorney to locate the property owner and send an appropriate letter indicating the problem and that the city would like it taken care of. Councilmember MacAllister amended the motion to include the Police Chief pertaining to gang identification. The amendment was accepted by the maker of the motion. The motion trade by Green, seconded by Winchell, to direct the City Attorney to locate the property owner and send an appropriate letter indicating the problem and that the city would like it taken care of and to include the Police Chief pertaining to gang identification carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Carolyn Fizer expressed her concerns about the speed limit on Bushard. She stated 120 students cross before and after school and that two children were injured last year at the intersection of Bushard and Indianapolis. She requested that Council take immediate action to change the area by that crossing to a 25 mph zone. She requested that the markings "STOP HERE" in big letters be replaced on the street. Dale Montague stated that the noise due to traffic in the downtown area of Frankfort Avenue and Alabama was a nuisance at his home on Frankfort Avenue. He stated that because of Steve's liquor his home is only peaceful from 11 p.m. to 4 a.m. He stated it is a residential neighborhood with business traffic. Timothy Dowell stated he was representing parents in the area of Brookhurst and Bushard. He stated it was unsafe for children to ride their bicycles due to the speed in that area. He stated it was difficult to see because of the center divider that is planted down the center of Brookhurst. Edward Wooley stated he had children attending Eader School and had been requested by PTA members to speak at the Council. requested Council to exert strong leadership on behalf of the people and ensure public safety by approving the recommendation to reduce the posted speed limits. Tim Riley stated he lives at the corner of Atlanta and Bushard and that he believed the speed limit on Bushard was unsafe. He stated he did not under- stand why Westminster and Fountain Valley were able to have the speed limit of 40 miles per hour on the same street. He stated it was his understanding the truck route would be removed. T. K. Brimer stated he lives at Bushard and Hamilton and that he has students attending Eader School and Sowers School. He stated the speed limit is not safe for the children. Page 10 - Council/Agency Minutes - 9/8/92 Natalie Kotsch requested help with security for the Annual Surfer's Contest and the Beach Ball Luau to be held in the alley September 12 and 13, 1992. George Arnold spoke regarding piermaster personnel and campaign contributions. Gerald Chapman, representing homeowners in the Ellis-Goldenwest quartersec- tion, listed their concerns with the developer. In response to Mayor Silva's request for a copy of Gerald Chapman's concerns, Gerald Chapman stated the Mayor would receive a copy from the Homeowners' Association President. ITY ATURNEY REPORTED RE: COKFUCT OF INTEREST The City Attorney read Government Code 84.308C pertaining to the receipt of political contributions as it pertained to conflict of interests CITY ADMINISTRATOR TO RESPOND TO HOMEOWNERS' CONCERNS - HOLLY $EACLIFF The City Administrator stated he would respond to Gerald Chapman's concerns in a letter to the Homeowners' Association and send a copy to the City Council. He stated the compliance to the Holly Seacliff Development Agreement would be reviewed. CITY ADMINISTRATOR REPORTED RE: BUDGET/EMPLOYEES In response to a public comment, the City Administrator stated that poten- tially laying off city employees would not be necessary. REGULAR ORDER OF AGENDA On motion by MacAllister, second Silva, Council unanimously approved suspend- ing the regular order of business as shown on the agenda to move immediately to the item pertaining to speed limits - Bushard, Brookhurst and Bolsa Chica Streets. (Cityn it SPEED LIMIT - APP ED - BUSHARD, BROOKHURST & BOLSA CHICA STREETS - STAFF DIRECTION GIVEN - QUARTERLY REPORT REQUESTEQ (580.60) The City Clerk presented a communication from Director of Public Works and the Police Chief regarding the increase in posted speed limits on certain sections of Brookhurst Street, Bushard Street and Bolsa Chica Street to 50 mph and 55 mph. Adjacent residents have requested that these speed limits be lowered below existing posted limits. The following Recommended Actions and Alterna- tive Actions were presented for Council Consideration: Recommended Acton: 1. Direct Traffic Engineering staff to conduct additional radar speed surveys on those street segments that have been posted at 50 mph or 55 mph. 2. Authorize the Police Department to purchase two radar speed display trailers to help enforce speeds on arterial streets. 3. Direct the Police Department's C.A.S.E. Team to conduct bicycle rodeos and school -age pedestrian education programs at the elementary and middle 2 4 4 schools in the immediate area. Page 11 Council/Agency Minutes — 9/8/92 AlternativC Actions: 1. Install additional flashing beacons on sections of the arterials where school crossing guards are present. 2. Artificially reduce the posted speed limits below the radar speed survey recommended limits and generate traffic citations based upon enforcement of the Basic Speed Law (CVC Section 22350). 3. Leave the existing posted speed limits in place and direct additional enforcement effort in those areas posted 50 mph and 55 mph. The Public Works Director presented a staff report. Jim Otterson, Traffic Engineer, presented a brief explanation on the speed survey using slides. Discussion was held between the Traffic Engineer and the Councilmembers pertaining to the process of conducting the speed survey. The City Attorney reported and stated that a speed study was necessary to Justify the determination of the speed limit if radar was used Following Council discussion, Police Chief Lowenberg reported. A motion was made by Kelly, seconded by MacAllister, to direct the City Admin— istrator to organize within five business days CHP, Cal Trans, and start some— thing to get some satisfaction. Councilmember MacAllister stated that a resolution should be written by the Council to go to the League of Cities, and he directed the Mayor to write a letter starting with Orange County to get the issue on the ballot and into the October League meetingagenda. The motion made by Kelly, seconded by MacAllister, carried by the following roll call vote: AYES: Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: Robitaille ABSENT: None The Police Chief reported on enforcement of speed limits. A motion was made by MacAllister, seconded by Silva, to: 1. Direct Traffic Engineering staff to conduct additional radar speed surveys on those street segments that have been posted at 50 mph or 55 mph. 2. Authorize the Police Department to purchase two radar speed display trailers to help enforce speeds on arterial streets. 3. Direct the Police Department's C.A.S.E. Team to conduct bicycle rodeos and school —age pedestrian education programs at the elementary and middle schools in the immediate area. 4. Install additional flashing beacons on sections of the arterials where school crossing guards are present. (Alternative Action No. 1) 245 Page 12 - Council/Agency Minutes - 9/8/92 5. Leave the existing posted speed limits in place and direct additional enforcement effort in those areas posted 50 mph and 55 mph. (Alternative Action No. 3) And, to direct staff to paint crossings September 9, 1992 if inadequately painted and to properly mark areas and a quarterly report. The motion carried on the following roll call vote: AYES: Robitaille, Moulton --Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Flashing Lights at all Crossings (Direction given after Recess) Councilmember MacAllister clarified the intent of the motion made on the item pertaining to speed limits on Bushard, Brookhurst and Bolsa Chica Streets later in the meeting. He stated the intent were to install flashing lights at all crossings on streets where students are crossing on Bushard and Hamilton ---not just where there were existing crossing guards because some of those guards have retired. RECESS - RECONVENE The Mayor called a recess of Council at 9:40 p.m. The meeting was reconvened at 9:50 p.m. CLOSED SESSION ANNOUNCEMENT - U.S. GOVERNMENT AND STATE OF CALIFORNIA ET AL v5 MOHTRQSE,CHEMICAL CORPORATION OF CALIFORNIA. ET AL Mayor Silva announced that at the Closed Session on September 8, 1992, the City Council approved and authorized the Mayor to execute and the City Clerk to attest the consent decree between U.S. Government and State of California et al vs. Montrose Chemical Corporation of California, et al. CV90-3122AAH. On motion by Winchell, second MacAllister, Council approved the motion unanimously. GENERAL PLAN ADVISORY ITTEE MEETING - 9! / 2 The City Administrator stated there would be a meeting September 9, 1992 for the General Plan Advisory Committee. He stated the status of the General Plan Update would be presented to the City Council. ENVIRONMENTAL IMPACT REPORT FOR BOLSA CHICA The City Administrator stated a draft Environmental Impact Report for Bolsa Chica was available in the library and at the Office of the City Clerk. He stated that staff would have a public review and meeting in November. 246 Page 13 - Council/Agency Minutes - 9/8/92 MAIN STREET IMPROVEMENTS - 2ND PHASE COMPLETION DATE 11/25/92 The City Administrator stated the Main Street improvements between Walnut and Olive was completed and that the second phase started today. He listed the work schedule dates and stated that the second phase should be Completed by November 25, 1992. Work hours would be 7 a.m. to 6 p.m. with some Saturday and Sunday work. MAIN STREET IMPROVEMENT - SIGNAGE Councilmember MacAllister requested installation of extra signage directing the public to the businesses during the second phase of the Main Street improvements. CONSENT L A - (ITEMS REMOVED) The following items were requested by Councilmembers to Oe removed from the Consent Calendar for separate consideration: (Robittaile) Support of Amicus Curiae Brief, Aerosol Spray Paint Containers; (Green) Policy for Naming of City Parks, Resolution No. 6424. (100.10) CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second Silva, 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 (Cityun it/R v 1 ent Agency) MINUTE - APPROVED - Approved and adopted minutes of Council/Agency adjourned regular and regular meetings of July 6, 1992 as written and on file in the Office of the City Clerk. (City n it CITY TREASURER INVE$IMENI POLICY FOR 1992 - RESOLUTI N NO. 6423 ADOPTED (310.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1992." (City CQuncil)H NTINGT N BEACH FIREMEN'S ASSOCIATION LAIM FOR FAIR LAUQR STAN)ARDS ACT REIMBURSEMENT FOR MANDATORY TRAINING - APPROVED (320.45) - Authorized additional funds for reimbursing mandatory off -duty training as required by the Fair Labor Standards Act (FLSA) by appropriating $35,181 from the unencumbered General Fund reserve. (City Council) COOPERATIVE AGREEMENT BETWEEN QALTRANS AND THE CITY OF HUNTIN TAN BEACH FOR BEACH BOULEVARD SUPER STREET - APPROVED - STARK STREET TO ELLIS AVENUE (600.20) - Approved and authorized execution of Cooperative Agreement between the City and California State Department of Transportation:. (Caltrans) for the construction of the Second Phase of the Super Street Project; Beach Boulevard, Stark Street to Ellis Avenue. (Construction funding 2 4 7' provided by Measure "M" through OCTA.) Page 14 - Council/Agency Minutes - 9/8/92 (City Council) RESIGNATION OF LIBRARY BOARD OF TRUSTEE MEMBER -.ACCEPTED - PIMMIE LOPEZ (110.20) - Accepted the resignation of Pimmie Lopez from the Library Board of Trustees and directed staff to post public notice to the effect that a Library Board of Trustee position is vacant. (City Council) HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT/CITY JOINT PROJECT APPMED - PURKISS-ROSE A_ASSOC_ (920.10) - Approved in concept a joint project with the Huntington Beach Union High School District which includes a new entryway into the Huntington Beach High School stadium, and establishment of a bicycle parking area and community skateboard area, approved an expendi- ture of $13,200 from the Park Acquisition and Development Fund for Purkiss- Rose and Associates to prepare design/construction documents for the Huntington Beach Union High School District/City Joint Project; and directed Community Services staff to negotiate an agreement with Huntington Beach Union High School District for the proposed joint project and then come back to City Council for approval. (Cityn it TEMPORARY BARRICADE ON CASCADE LANE - RESOLUTION NO. 6425 - ADOPTED (580.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE. PLACEMENT OF A TEMPORARY BARRICADE ON CASCADE LANE AT THE HUNTINGTON BEACH/WESTMINSTER CITY LIMITS." (City Council) SUPPLEMENTAL EXPENDITURES FOR PUBLIC WORKS PROJECTS - APPROVED (320.45) - Appropriated funds in the amount of $41,629.60 for supplemental expenditures for certain Public Works Projects carried over from FY 1991/92 to FY 1992/93. (Main Street Scapes, Central Library Expansion, Blufftop Landscape V. McCallen Park II) Citv Council) NOTICE OF COMPLETION - APPROVED - WARNER AVENUE SIDEWAL IMPROVEMENT PROJECT - BTWN ALGONOUIN/EDGEWATER - J.D.C. ENGINEERING -_ CC-836 (600.70) - Accepted work completed by J.D.C. Engineering for Warner Avenue Sidewalk Improvement Project for a final contract cost of $29,272.80 and authorized the City Clerk to file a Notice of Completion. (City Council) BID AWARD - TOWN_LOT __SEWER REHABILITATION PROGRAM_.- LINING OF EXISTING SEWER MAINS PHASE I - INSITUFORM SOUTHWEST - CC-837 (600.60) - Accepted the low bid of Insituform Southwest for Townlot Sewer Rehabilitation Program, Lining of Existing Sewer Main Phase I, authorize execution of contract and authorize the Director of Public Works to expend $105,089 to cover contract cost of $90,990, estimated construction change orders of $9,099 and anticipated supplemental costs of $5,000, 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 bid was as follows: Insituform Southwest $90,000 Anticipated Change Orders 9,099 Supplemental Expenses 5,000 $105.089 �w Page 15 - Council/Agency Minutes - 9/8/92 (City Council) PARKING CITATION MANAGEMENT SYSTEM - APPROVED - TURBO DATA (600.10) - Approved and authorized execution of Professional Services Contract in the amount of $60,000 between the city and Turbo Data Systems, Inc., for Parking Citation Processing for the period July 1, 1992 through June 30, 1993 with the option for the city to extend the contract on a year to year basis to a maximum of three years. (Ci.ty. Qgunci1) BID AWARD - SKATEBOARD AREA IN_ MURDY COMMUNITY PARK - CONSTRUCTION ENGINEERS - CC-830 (600.65) - Accepted the low bid of Construc- tion Engineers, authorize execution of contract and authorize the Director of Public Works to expend $71,687.30 to cover contract costs of $62,443, esti- mated construction changes orders of $6',244.30 and anticipated incidentals of $3,000, for the construction of skateboard area in Murdy Community Park, 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: Construction Engineers $62,443.00 Hondo Company 62,515.00 Gillespie Construction 74,180.50 J.D.C. General Engineering 87,688.00 Amtek 107,730.90 -(City Council)NOTICE F OOMPLETION - APPROVED - H NTIN T N BEACH MUNICIPAL PIER - 111,0METTE-WESTERN (RIEDEL INTERNATIONAL. ANCJ - CC-735 1600.80) - Accepted work completed by Willamette -Western for construction of the Hunting- ton Beach Municipal Pier, approved final contract cost of $9,244,422.40 and supplemental expenditure of $135,000 and authorized the City Clerk to file a Notice of Completion. (CityCouncil DESIGN OF HUNTIN ON BEACH WATER WELLS NO. 5 BUILDING - APPROVED - CASH & ASSOC. (600.10) - Approved the selection of Cash and Associates to provide the Design and Engineering Services for this project, appropriated $35,500 from the Water Reserve Fund, approved and authorized execution of Consultant Agreement with Cash and Associates Engineering for design services to replace the pump housing enclosing Well No. 5 for a fee not to exceed $35,550. (City Council/Redevelopment Agency) ENTER AVENUE WIDENIN IRE TRIPIN / SIGNING & SIGNAL MODIFICATION IMPROVEMENTS AT INTERSTATE 405/BEACH BLVD. ON/OFF RAMP - PLANS AND SPECIFICATINS - APPROVED - CALL FOR BID - AUTHORIZED - CC-725 - (1) Approved plans and specifications and authorized the Director of Public Works to solicit bids for construction of Center Avenue widening at the I405 on/off ramps, (2) approved sample contract, subject to award of contract, to Council approved lowest responsive bidder, (3) appropri- ated $300,000 for construction, right-of-way, contingencies, and incidentals for the Center Avenue widening and (4) approved an expenditure to Southern California Edison Company of an amount not exceed $48,000 for a right-of-way easement to perform construction. .249 Page 16 - Council/Agency Minutes - 9/8/92 (Cityn it VACATION OF A WATERLINE EASEMENT - RESOLUTION NO. 6426 - ADOPTED - (800.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF WATERLINE EASEMENT ON THE WEST SIDE OF NICHOLS STREET, SOUTH OF WARNER AVENUE." (Orders summary vacation.) (Cityn it/R v l men Agency) AMENDMENT RID . 1 TO AGREEMENT BETWEEN REDEVELOPMENT AGENCY AND N RR -R PKE IN _ - APPROVED - EDIN ER AVENUE IMPROVEMENTS - C-737 (600.30) -- Approved Amendment No. 1 to the Consultant Agreement between the Redevelopment Agency and Norris-Repke, Inc. for the design and preparation of a precise plan and report for Edinger Avenue, between Gothard Street and Beach Boulevard, raising the total fee an additional $24,800 from $64,400 to $89,200. (City Council FLORIDA/UTICA ENHANCEMENT AREA/36 UNIT REHABILITATION PROGRAM - APPROVED (410.65) - Authorized Community Development staff to negotiate, subject to City Council approval action, a financial assistance plan together with the appropriate agreements between the city and owners of the 36 unit residential complex located at 725-733 Utica Street. (1) Makes available, through use of Redevelopment set aside funds, a low interest deferred loan for the purpose of completely rehabilitating all 36 units, (2) provides a grant to construct and install landscaping, irrigation system, fencing, yard lights, security system, childrens recreational area and reconstructed carports. (Cityi SUPPORT OF AMICUS QJR1AE BRIEF - DENIED - AEROSOL SPRAY PAINT CONTAINERS/HARKER PEN (630.50) The City Clerk presented a communication from the City Attorney dated September 8, 1992 pertaining to joining in the amicus brief. Police Chief Lowenberg reported. Following discussion, a motion was made by Robitaille, seconded by MacAllister, to not join in the amicus curiae brief requiring placement of aerosol spray paint containers and marker pens sold in retail stores in a location which is visible but not accessible to the public without employee assistance, but to write a letter to Los Angeles saying we sympathize with the problem and that we would do what we can to handle the problem on a local level by virtue of notification and affirmative action on the part of the local merchants of the city. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) POLICY FOR NAMING OF CITY PARKS - DEFERRED TO LATER DATE - RESQLUTI(}N NO. 6424 (100.10) The City Clerk presented a communication from the City Administrator dated September 8, 1992 pertaining to the need to revise Resolution No. 4622 regarding the naming of city parks and memorials. 250 Page 17 -- Council/Agency Minutes - 9/8/92 The City Clerk presented Resolution No. 6424 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING ITS POLICY FOR THE NAMING OF CITY PARKS AND REPEALING CONFLICTING RESOLUTIONS." (allows only one memorial and/or park to be named for an individual.) A motion was made by Green, seconded by MacAllister, to continue the item pertaining to Resolution No. 4622. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) BARTLETT PARK DEVELOPMENT - PUBLIC GOLF COURSE APPROVAL IN CONCEPT & HISTORICAL BUILDING DEMO-UTION & REMOVAL - APPROVED (920.40) The City Clerk presented a communication from Community Services Director regarding Development of Bartlett Park. The Community Services Director presented a staff report. Jim Engle, Community Services Deputy Director, reviewed the concept of the use of Bartlett Park using slides. A motion was made by MacAllister, seconded by Silva, to; 1. Approve concept for the development of a public, nine hole, three par golf course, and neighborhood park on Bartlett Park site. 2. Direct staff to request proposals from the private sector to design, build and operate a public, three par golf course on Bartlett Park with a provision in the agreement that the golf course concessionaire also develop and maintain four acres of neighborhood park facilities on site for the general public. 3. Approve the demolition and removal of the two historical buildings on Bartlett Park, after taking appropriate action to document these historical structures as recommended by the Historic Resources Board. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) STATUS REPORT - IMPACT OF STATE BUDGET_ ON CITY _REVENUES (320.20) The City Clerk presented a communication from Administration regarding amend- ments to the City Budget to reflect the reduction in revenues due to the state budget actions. The City Administrator presented a slide report. 25 1 Page 18 - Council/Agency Minutes - 9/8/92 A motion was made by MacAllister, seconded by Winchell, to: 1. Reduce 1992/93 General Fund revenues by $2,253,700. 2. Reduce 1992/93 General Fund appropriations by $1,689,033 and utilize $564,667 of the current year budget surplus to maintain a balanced General Fund budget as detailed in Attachment No. 2 of the RCA dated 9/8192. 3. Extend the City's current hiring freeze to July 1, 1993. 4. Instruct the City Administrator to prepare amendments to the Redevelopment Budget for consideration by the Agency on September 21, 1992. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Councilmember Robitaille stated that staff should request the League of Cities to monitor as closely as possible and report to the City of Huntington Beach and other cities in the Orange County Division the revenue generating devices and the standing of the state budget as it progresses through the year. ORDINANCE NO. 3164- ADUPTED - ZONE CHANGE 2-2 - WARNER AVENUE AND LYNDON STREET (450.20) The City Clerk presented Ordinance No. 3164 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE. HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM 'MEDIUM DENSITY RESIDENTIAL' TO 'LIMITED MANUFACTURING' ON REAL PROPERTY GENERALLY LOCATED ON .17 NET ACRES ON THE NORTHWEST CORNER OF WARNER AVENUE AND LYNDON STREET, (ZONE CHANGE 92-2)." A motion was made by MacAllister, seconded by Silva, to adopt Ordinance No. 3164 after reading by title. The motion carried by the following roll call vote: AXES: Moulton -Patterson, Winchell, MacAllister, Kelly NOES: Robitaille, Silva, Green ABSENT: None (City Council) ORDINANCE MO._3173 - APPROVED IMRODUCTION - REGULATES MASSAGE PARL R ACTIVITIES (420.20) The City Clerk presented Ordinance No. 3173 for Council approval - "AN ORDINANCE Of THE CITY OF HUNTINGTON BEACH AMENDING SECTION 5.24 OF THE HUNTINGTON BEACH MUNICIPAL COME." (Regulates massage parlor activities.) 1 252 I I Page 19 - Council/Agency Minutes - 9/8/92 A motion was made by MacAllister, seconded by Silva, to adopt Ordinance No. 3173 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 STAFF REPORT REQUESTED - TREE REMOVAL ON STARDUST LANE Councilmember Moulton -Patterson stated she had received a letter from Mary Courtney on behalf of her mother, Agnes, pertaining to the removal of all parkway trees on Stardust Lane. The Public Works Director stated the trees had not been removed and that a report would be returned to Council. THANKED STAFF AND COUNCIL - BUDGET Councilmember Winchell thanked staff and the City Council for their work on the budget and for making it as low an impact as possible on the citizens. SECURITY FOR SURFING MUSEUM EVENT Councilmember MacAllister requested a review of the security for the Surfing Museum Event. Police Chief Lowenberg reported pertaining to the planned security and stated that at least two uniformed officers should attend.. 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 4 p.m., City Hall, to leave for the Linear Park tour, and to 5:30 p.m., Monday, September 21, 1992, Room B-8, Civic Center, Huntington Beach, California. ATTEST: LP"im /f ' - -i City Clerk/Clerk IF 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 253,