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HomeMy WebLinkAbout1993-02-161 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Chamber Huntington Beach, California Monday, February 16, 1993 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Winchell 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 CAL PRESENT: Robitaille, Bauer, Winchell, Silva, Sullivan, Leipzig, Moulton -Patterson arrived 5:45 p.m. ABSENT: None TRANSPORTATION COMMISSION ROLL CALL PRESENT: Hicks, LoVerde, Smith, Sisker, Bowland ABSENT: McConnell, Roth JOINT STUDY SESSION - TRANSPORTATION COMMISSION - TRAFFIC SIGNAL INSTALLATION PRIORITY LIST Jim Otterson, Traffic Engineer, gave a report on the Traffic Signal Installation Priority List and a copy was presented to the Council. Discussion was held regarding criteria for prioritization. The signal at Humboldt and Saybrook was removed and a signal at Palm and 17th Street was added. Council directed that the list be revised and the mechanism for determining rank be reviewed and returned to Council at the first meeting in June. ADJOURN TRANSPORTATION COMMISSION (City Council) REMOVED FROM AGENDA - GRANT QF EASEMENT FROM CITY TO SOUTHERN CALIFORNIA EDISON COMPANY - OIL WELL REMOVAL - W/S OF EDWARDS STREET - VICIHITY OF ELLIS AVE (650.80) The City Administrator announced that the item pertaining to the Grant of Easement from City to Southern California Edison Company would be taken off the agenda for further review by staff and the Huntington Beach Company regarding easement for lines. (City Council DISCUSSION HELD RE: PARCEL MAP NO. 92--1 1 -- DEWAYNE BROWN - METZLER LN (420.70) Discussion was held regarding the tentative map which was approved for Parcel Map No. 92-191. Page 2 - Council/Agency Minutes - 2/16/93 (Cityn i l QISCUSSION RELD-RE: ELLIS/GQLDEN WEST NEIGHBORNEIGHBOR= PARK - CONCEPTUAL DESIGN - BUDGET AMENDMENT - (320.45) Discussion was held regarding Ellis/Golden West Neighborhood Park and if the land had been fully acquired. The Community Services Director stated that acquisition had not been completed and was still in the process. (City CoUn,Ci,l) DISCUSSION HELD RE: GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR A D.U.I. - (DRIVING _UNDER THE .INFLUENCE OF ALCOHOL OR DRUGS - CHECKPOINT TRAILER & SUPPLIES) (340.80) Discussion was held regarding D.U.I. Checkpoint Trailer and if drivers could turn around to avoid the checkpoint. The Police Chief stated the officers would be stationed at a distance on either side of the checkpoint to monitor any drivers that tried to avoid going through the checkpoint. The Mayor called a Closed Session of the City Council to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Jones v. City of Huntington Beach - Orange County Superior Court Case No. 623062. (120.80) The Chairman called a Closed Session of the Redevelopment Agency 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) RECESS - RECONVENE The Mayor called a recess of Council at 6:15 p.m. The meeting was reconvened at 7:00 p.m. ADJOURNMENT - COUNCIU REDEVELOPMENT AGENCY Mayor Winchell adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, February 16, 1993 at 7 P.M., Council Chamber, Civic Center. ATTEST 4 City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, February 15, 1993 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Winchell 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, Bauer, Moulton —Patterson, Winchell, Silva, Sullivan, Leipzig ABSENT: None FLAG ERE AND INY=TION The Flag Ceremony was led by Pack 101, Den 5 Webelos from Smith and Eader Schools in Huntington Beach; Den Leader, Rita Buller. The Invocation was given by Mike Vaughn, New Presbyterian Church of Huntington Beach. PROCLANATM-- AMERICAN HEART MONTH „-,. FEBRUARY Mayor Grace Winchell and City Councilmembers presented a plaque to Tom Ways, President of the Huntington —Valley Branch, American Heart Association, proclaiming February as American Heart Month. L A CBICA COUNCIL ITTEE LIAISON REPORT Councilmember Moulton —Patterson clarified that the purpose of the Bolsa Chica Council Subcommittee is to gather information and seek input from all sources. There will be a study session on February 22, 1993. The Bolsa Chica Council Subcommittee will prepare a report to Council prior to the adoption of the EIR in October, 1993. PUBLIC CEMENTS Jack Bowland, Chairman of the General Plan Advisory Committee, addressed Council regarding the appointment of new members to the General Plan Advisory Committee and spoke in favor of the appointments and against S. 3 of the recommended action for Appointments and Recognition of Members to General Plan Advisory Committee. He stated that Council should not adopt the voting requirements in S. 3 as it would make it impossible for new members to vote, a difficult process to monitor, and rules of conduct have already been adopted by the committee. 5 Page 2 - Council/Agency Minutes - 2/16/93 0 Js4mes Schultz, Vice President, Huntington -by -the -Sea Mobile Home Park Homeowner's Association, spoke in favor of affordable housing in Orange County an6 rent stabilization for the mobile home parks. He stated that the mobile home park owners are increasing the rents and seniors on a fixed income and low income families are forced to move. He questioned what is a fair profit for the mobile home park owner. Frank Puccilli, recent appointee, Housing and Community Development Citizens Advisory Board, thanked Council for the appointment. He stated that the city has a first rate City Council and staff. He requested that wants his telephone number of Huntington Beach to be available for the public to contact him during his term on the Housing and Community Development Citizens Advisory Board. Pam Julien, Bolsa Chica Alliance, a new group recently formed to continue the process of feasible restoration of the Bolsa Chica, spoke regarding the Balsa Chica Coalition formed in 1989 and the Balsa Chica Plan for Restoration and Development which was adopted by a unanimous vote of the City Council on February 1, 1993. She stated that the members of the Coalition were not in favor of another committee being formed that might undermine the success of the Coalition Plan. Harold Campbell, spoke in favor of the new ordinance proposed by Councilmember Moulton -Patterson against cigarette smoking. He stated that some of the restaurants he contacted had banned smoking due to concern for the health of employees. He stated his support of legislation to ban smoking, Adrianne Morrison, Executive Director, Amigos de Bolsa Chica and Representative of the statewide Wetlands Consensus Committee in Sacramento, spoke regarding the resources and information available through the Amigos de Bolsa Chica which goal is to protect, enhance and restore the Bolsa Chica. She stated that the Amigos would like to be part of the new committee being formed. She stated that there would be expenses involved for such items as funding of the acquisition, legal services and appraisals. Norb Johnson, resident of Huntington -by -the -Sea Mobile Home Park, spoke in favor of rent stabilization for mobile home parks. He stated that some people were being forced to abandon their homes because they cannot afford to pay both the mobile home mortgage and space rent. Councilmember Bauer asked for statistics on the number of people being forced out of their mobile homes due to the fact that they cannot afford the space rent and cannot afford to have the mobile home relocated. He stated that kind of information had helped proponents of Proposition 13 when it was in the process of being adopted by the state. Mida Martin, spoke in favor of the Youth Advisory Board. She stated that Valley Vista, a continuation school, was not represented on the Board and that she believed there should also be representatives on the Board from local private schools and representatives for students that go to schools in other cities. YOUTH ADVISORY BOARD 10 INCLUQE VALLEY VISTA REPRESENTATIVE Councilmember Moulton --Patterson directed that the Valley Vista oversight be corrected. Page 3 - Council/Agency. Minutes - 2/16/93 BOLSA CHICA 2122/93 MEETING SCHEDULED - BUDGET/MSI STUDY 3/22/93 MEEIING SCHEDULE The City Administrator reported that there will be a study session on Monday, February 22, 1993, on the Bolsa Chica history, status and future direction as well as Redevelopment Projects review and current status report. There will be a study session on Monday, March 22, 1993, regarding the budget and MSI study. UPDATE RE: REFUND OF CERTIFICATES OF PARTICIPATION The City Administrator reported a refund of bonds/Certificates of Participation for the month of February would save $127,000 annually and $3.1 million overall. ANTI -GRAFFITI COMMITTEE FORMED The City Administrator stated an Anti -Graffiti Committee of department heads from Community Services, Police Department, and Public Works Department had been established to form a comprehensive approach to address the escalating graffiti problem in the city. The committee would review the current procedures for handling graffiti, how to approach the future and prepare a report to Council in March. (City_Caunci1) CLOSED PUBLIC HEARIKG_ PLANNING__COMM.ISSION DECISION UPHELD - COASTAL DEVELOPMENT PERMIT NO. 92-3Q,.- APPR_4NEQ- 16335 NIANTIC CIR - JON WIERKS/RMCOE MCKEEHAN - APPEAL DENIED (420.80) The Mayor announced that this was the day and hour set for decision on a public hearing closed on February 1, 1993 to consider the following: APPLICATION NUMBER Appeal of the approval of Coastal Development Permit No. 92-30 APPLICANT Jon Wierks APPELLANT Barry Ross on behalf of Roscoe McKeehan LOCATIQN 16335 Niantic Circle Z NE RI -CZ (Low Density Residential - Coastal Zone) REQUEST Appeal to the Planning Commission's denial of an appeal to the approval by the Zoning Administrator of Coastal Development Permit No. 92-30 which is a request to add a 489 sq. ft. two-story addition to an existing two-story residence in Huntington Harbor. ENVIRQNMENTAL STATUS Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATII APPEALABLE. This project is in the appealable portion of the coastal zone. Page 4 - Council/Agency Minutes - 2/16/93 Under the provisions of the HBOC, the action taken by the City Council is final unless an appeal is filed to the Coastal Commission by the applicant or an aggrieved party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be submitted to the Coastal Commission office within ten (10) working days of the date of the Council's action. There is no fee for the appeal of a coastal development permit. The Community Development Director presented a staff report stating staff met, per Council direction, with the applicant and appellant to discuss a compromise. No compromise was reached that was acceptable to both parties. MotionApprove Appeal dies for Lack of n A motion was made by Sullivan to approve the appeal opposing the Coastal Development Permit No. 92-30 referring to a communication from the City Attorney stating that the project does not conform with the visual resources policy of the Coastal Element and will not preserve or enhance the visual resources within the Coastal Zone and that the proposed project is incompatible with the surrounding uses of property because it will impair the adjacent neighbor's view of the harbor and it will substantially reduce the value of the adjacent property. In response to Mayor Winchell's inquiry, Councilmember Sullivan clarified the motion. The motion died for lack of a second. The City Clerk stated that the following written communications expressing opposition to Coastal Development Permit No. 92-30 were presented to the Mayor and City Councilmembers prior to the meeting: Mr. and Mrs. Jon Fults, dated February 12, 1993; William Peoples, received February 16, 1993; Roscoe McKeehan, dated February 16, 1993. The Mayor declared that the public hearing was closed at the February 1, 1993 meeting and the decision continued to February 16, 1993. There being no further protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held between Council and staff pertaining to the private view issue. A motion was made by Robitaille, seconded by Leipzig, to deny the appeal and uphold the Planning Commission's approval of Coastal Development Permit No. 92-30 with the following findings and conditions: FINDINGS FOR APPROVAL' A5TAL DEVELOPMENT PERMIT NO, _ 22--30: 1. The request to permit a 489 square foot, two (2) story addition to an existing two-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. The proposed addition will not adversely impact public views or access. 0 Page 5 - Council/Agency Minutes - 2/16/93 2. Coastal Development Permit No. 92-30 is consistent with the CZ suffix zoning requirements, the R1 Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to. the property. The proposed residence will conform with all applicable City codes. 3. At the time of occupancy, the proposed remodel and addition to an existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exists to the site. 4. The proposed 489 square foot, two (2) story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. SUGGESTED CONDITIONS Of -APPROVAL -.COASTAL DEVELOPMENT PERMIT NO. 92-30: 1. The site plan, floor plans, and elevations received and dated November 11, 1992 shall be the conceptually approved layout. 2. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 3. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. 4. All proposed cantilevered deck improvements require separate permits for the improvements. 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on all spigots and water faucets. 8. The applicant shall pay all applicable Public Works fees. OE REQUIREMENTS: The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Leipzig NOES: Sullivan ASSENT: None Fe Page 6 - Council/Agency Minutes - 2/16/93 PORT REQUESTED: PROTECTION OF PRIVATE_VLEW Mayor Winchell asked if there was sufficient interest by the Council to request a staff report including review of ordinances from other cities relating to the protection of private views. A straw vote which was not seconded was recorded as follows: AYES: Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Robitaille, Silva ABSENT: None (CityCouncil) P - SIX MONTH REVIEW OF COKDIIIQNAL USE PERMIT NO. 90-50 - NICCOLE'S RESTAURANT - HE CORNER _6THIMAIN.- (ACOUSTIC LIVE ENTERTAINMENT AND DANCING) - CONTINUED TO 3/1/93 TO REVIEW REOUEST (420.40) The Mayor announced that this was the day and hour set for a public hearing continued open from February 1, 1993 to consider the following: APPLICATION NUMBER Conditional Use Permit No. 90-50 (Six Month Review) APPLICANT Michael Niccole LOCATjQff 520 Main Street (Northeasterly corner of Main Street and Sixth Street) Z NE Downtown Specific Plan, District 6 REQUEST To review compliance to the conditions set forth in Conditional Use Permit No. 90-50 which was approved by the City Council on October 7, 1991. ENVIRONMENTAL STATUS Categorically exempt pursuant to Section 5301, Class 1 of the California Environmental Quality Act. COASTAL STATUS Not applicable (unless in coastal zone) 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 Mayor declared the public hearing open. Jim Righeimer, realtor, spoke in favor of Niccole's Restaurant. He stated that the problems that Niccole's is experiencing sends a bad message to other people who want to set up a new business in the city. Sven Backlund, whose family owns the property, spoke in favor of Niccole's Restaurant. He stated that his family ran the Villa Sweden Restaurant for a long time in the same building and he believes that limiting operation hours to 9:00 p.m. is not in the best interest of the community. Pr 1 nik, whose family owns the property, spoke in favor of Niccole's Restaurant. She stated that her family ran the Villa Sweden Restaurant for in the same building with no complaints; that Dr. Niccole had been a good tenant and it would hurt their family financially if the restaurant was forced to move. 10 Page 7 — Council/Agency Minutes — 2/16193 Chris Craig, resident of the area, presented a communication from a neighbor to the Council. He spoke regarding the purpose of the six month review was for Council to review violations, past performance, correcting measures taken and parking problems in the downtown area. Terry Olson, resident of the area, spoke in opposition to the Conditional Use Permit. He stated that the major.issue has been compliance with conditions imposed on the Conditional Use Permit including alley conditions, site maintenance, noise transmission, employee parking, hours of.operation and entertainment. The Alcoholic Beverage Control license with the State of California does not allow live entertainment. He is in favor of limiting the hours of operation to 9:00 p.m. with no live entertainment and for the Council to address compliance with conditions placed on the Conditional Use Permit. He stated that he witnessed the dumpster being hosed out into the street which could cause a hazard for the public and a liability for the city. Gus Zisakis spoke in opposition to continuing the Conditional Use Permit. He stated that the conditions of the CUP are not being followed; that the back door is left open before and after 10:00 p.m.; the trash bin is left open with a bad odor, and that the parking is inadequate with 30 spaces for a restaurant with seating for 180 people. He is in favor of limiting the hours of operation to 9:30 p.m. Susan Zisakis spoke in opposition to the Conditional Use Permit. She stated that they want peace and quiet for the tenants after 10:00 p.m. and that Niccole's is not complying with conditions of the CUP with the parking problems, the back door open and amplified music. J-o. Christian —Craig, resident of the area, spoke in opposition to the Conditional Use Permit for Niccole's Restaurant and asked for peace and quiet for the neighborhood. She submitted a communication listing her concerns for the public record. Peter Agglos, Sales Manager, Huntington Beach Acura dealership, spoke in favor of Niccole's Restaurant. He stated that the restaurant contributes to the economy, is well run and he has had no problem finding parking in the area. He also stated that he works until 8:00 p.m. and would not be able to patronize the restaurant if it closed earlier. Michael. Cox, resident of the Town Square Condominium Complex, spoke in favor of Niccole's Restaurant. He stated that he brought a petition in favor of the restaurant. Stephen Sutherland, resident of the area, spoke in favor of Niccole's Restaurant. He stated that a restaurant of that quality could not continue with restricted hours and that some customers who work late would not be able to patronize the restaurant if the hours were shortened. Jacques Forestt r, Manager of Niccole's Restaurant, spoke in favor the the restaurant. He stated that the restaurant is highly rated with local restaurant critics and residents. He and the staff are working with the community to provide fine dining and service. The staff are following the rules and are interested in cooperating with neighbors to work out the problems. Page 8 - Council/Agency Minutes - 2/16/93 Leo Soukaris, real estate agent and investor, spoke in opposition to the Conditional Use Permit. He stated that a niteclub atmosphere in a residential area would reduce desirability of residences and lower value of real estate. He also stated that he was the Manager of the Villa Sweden Restaurant in 1985/86 when there was not dancing or entertainment and the restaurant closed between 8:30 p.m. and 9:30 p.m. Penny Niccole, co-owner of Niccole's Restaurant, spoke in favor of the restaurant. She stated that their business is being harassed and victimized because of an "old family feud". She responded to comments made during the last City Council meeting by people opposed to the CUP. She requested the Council's aid in putting this matter to rest. The restaurant does not open until 5:00 p.m. and could not survive if forced to close by 9:00 or 10:00 p.m. Michel Niccole, co-owner of Niccole's Restaurant, spoke in favor of the restaurant. He stated that letters had been submitted to the Community Development Department from neighbors in favor of the restaurant and that he has cooperated with the community to correct any complaints. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held between Council and staff pertaining to the Conditional Use Permit issued by the city allowing live entertainment and the Alcoholic Beverage Control license with the State of California which does not allow live entertainment. Michael Niccole, co-owner of Niccole's Restaurant, stated he would submit a letter to the city as soon as possible stating that the restaurant would no longer have live entertainment. A motion was made by Leipzig, seconded by Moulton -Patterson, to continue the Item pertaining to the six-month review of Conditional Use Permit No. 90-50 to March 1, 1993 to review the request from Mr. Niccole to withdraw live entertainment. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: Robitaille ABSENT: None The motion was amended by Sullivan, seconded by Silva, to have a meeting between the parties and Councilmember Silva prior to the March 1, 1993 Council meeting. The motion was carried by the following roll call vote. AYES: Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: Robitaille, Winchell ABSENT: None RECESS - RECONVENE The Mayor called a recess of Council at 9:50 p.m. The meeting was reconvened at 10:10 p.m. 1.2 Page 9 - Council/Agency Minutes - 2/16/93 1 -4i1 .14 tomilgilli .l 11=44M Y YRA1 1 1 1 i l l ill 1 ill{' 1 1 1 The Mayor announced that this was the day and hour set for a public hearing to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in a district to include property within the public right -of --way on Beach Boulevard between Warner and Heil Avenues. (The cost of undergrounding the utilities will be born by Southern California Edison Company and General Telephone Company and two property owners.) Legal notice as provided to the City Clerks 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. 6464 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT ON BEACH BOULEVARD BETWEEN WARNER TO HEIL AVENUES DISTRICT 93-1.10 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 Silva, seconded by Sullivan, to adopt Resolution No. 6464. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (420,50) The Community Development Director reported that the applicant has been in an automobile accident and requested that the public hearing pertaining to Conditional Exception (Variance) No. 92-17 be rescheduled to March 1, 1993. On motion by Robitaille, second Sullivan the public hearing was rescheduled to March 1, 1993. The motion carried by the following roll call vote: AYES: Robitaille, Sauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None .1 3 Page 10 - Council/Agency Minutes - 2/16/93 The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Bauer) Parcel Map No. 90-268 - Meadowlark Airport Site, Appointments to Citizens Advisory Board (CAB) Community Development Block Grant Program and Appointments/Recognition of Members to General Plan Advisory (GPA); (Sullivan) Roadside Sobriety Checkpoint Trailer & Supplies for apprehension of people driving under the influence of alcohol or drugs; (Leipzig) Parcel Map No. 92-191 - Metzler Lane, and Parcel Map No. 90-327 - 7491 Center Avenue. CDN,SEN'F CALENDAR - (ITEMS APPROVED) On motion by Silva, second Moulton -Patterson, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted the minutes of the Council/Agency regular meetings of January 4, 1993 and January 19, 1993 and adjourned regular meeting of January 19, 1993 as written and on file in the Office of the City Clerk. Councilmember Moulton -Patterson abstained from voting on the January 19, 1993 minutes. (City Council) ELLIS/GOLDEN WEST NEIGHBORHOOD PARK _ —_CONCEPTUAL DESIGN - BUDGET AMENDMENT - APPROVED (320.45) - Approved a $7,000 budget amendment from the Unappropriated Fund Balance for the Park Acquisition and Development Fund into E-SK-CS-340-3-90-00 for preparation of conceptual design for the Ellis/Goldenwest neighborhood park. (City _Co"il) GRAHAM STREET NORM DRAIN - QC-797 - PLANS & PE FI TI - APPROVED (600.60) - Approved plans and specifications for the Graham Street Storm Drain CC-797 and directed the City Clerk to advertise for bids; approved and authorized execution of the attached sample contract, subject to award of the contract to lowest responsible bidder. (Cityn i l RESOLUTION NO. 6465EA OLUEE$ ALONG SHORELINE - NIO GOLDENWE$T ST - ADOPTED (520.35) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE FEDERAL GOVERNMENT CONDUCT A BLUFF PROTECTION STUDY." ($250,000 for study would be 100% federally funded.) 14 Page 11 - Council/Agency Minutes - 2/16/93 11, 1 LIE W II1. II.J. f nF_%AMJ 1 nVArl iyn a aPIT_�{yTLPIGRIJ_.31i__ _innL%M4 _ UWW%L 7_l_n". 1 4 - MSC-346 BID ANARD - J & B KOVAC ENGINEERING - MGE ORDER.- APPROVED (600.90) - Accepted the low bid of J & 8 Kovac Engineering in the amount of $376,901.46 to cover contract cost of $327,740.40 and anticipated construction contingencies of $49,161.06 and approve issuance of a Change Order, during construction, to add an additional street from the list of twenty-five streets having on file. The selected street will be the oldest received petition which will maximize the benefit from the allocation. Designated streets include Minuet, Est, Potomac, Groton, Santa Ynez, Columbia - s/o Citadel, 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: J & B Kovac Engineering $327,740.40 Corrected Sully -Miller Contracting Co. 338,541.45 Nobest, Inc. 340,208.80 Heritage Engineering Const., Inc. 342,277.50 Camino Viejo Paving, Inc. 342,631.77 Kennedy Pipeline Co. 345,468.32 Advanced Construction 348,121.65 Los Angeles Engineering Inc. 353,149:29 Corrected Lambaren Contractors, Inc. 362,478.65 8opark Enterprises, Inc. 379,130.02 Damon Construction Co. 384,355.75 Inland Constructors 384,429.40 O'Keefe Engineering 385,075.49 Excel Paving Company 391,733.43 Shawnan Corporation 449,691.36 Moulton -Patterson lgft the meetin (City Qunci1) PARCEL _MAP NO. 92-191 - DMNE BRONN - METZLER LN - APPROVED (420.70) The City Clerk presented a communication from the City Administrator pertaining to Parcel Map Number 92-191. Discussion was held regarding the tentative parcel map. Council directed staff to provide a copy of the tentative map in future Recommended Council Actions for parcel maps. A motion was made by Leipzig, seconded by Sullivan, to approve the parcel map pursuant to the mandatory findings set forth by the Zoning Administrator and to instruct the City Clerk to affix her signature to the map and release the map to the county for processing. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (Moulton -Patterson - out of room) 15 Page 12 - Council/Agency Minutes - 2/16/93 1 KepeVelOpfflent tS9eUGy) rRK16L6 WE OZU-Q41 AGENCY - 7491 CENTER AVE - APPROV (420.70) The City Clerk presented a communication from the City Administrator pertaining to Parcel Map Number 90-327. Discussion was held regarding the tentative parcel map and council directed that a copy of the tentative map be included in future Request for Council Action for parcel maps before the City Council. A motion was made by Leipzig, seconded by Sullivan, to approve the parcel map pursuant to the mandatory findings set forth by the Zoning Administrator and instructed the Chairman and Clerk of the Redevelopment Agency as well as the . Mayor and Cleric of the City of Huntington Beach to sign this map and to direct the City Clerk to release the map to the county for processing. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (Moulton -Patterson - out of room) Moulton -Patterson returned to the meeting (CityMAP T SITE - UDLSA REALTY 5141 WARNER AVE - CONTINUED TO 311193 (420.70) The City Clerk presented a communication from the City Administrator pertaining to Parcel Map Number 90-268. A motion was made by Bauer, seconded by Sullivan, to continue the item pertaining to Parcel Map No. 90-268 to March 1, 1993 for additional information. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Silva ABSENT: None Council directed staff to provide a copy of the tentative map in future Recommended Council Actions for Parcel Maps. (City _Council) GRANT_ FROM THE CALIFQRNIA OFFICE OF TRAFFIC SAFETY FOR A D.U.I. - (DRIVING UNDER THE INFLUENCE F ALCOHOL OR DRUGS - CHECKPOINT TRAILER & SUPPLIES) - APPROVED (340.80) The City Clerk presented a communication from the City Administrator pertaining to a grant from the California Office of Traffic Safety for a Driving under the Influence of Alcohol or Drugs) Checkpoint Trailer and Supplies. In response to Councilmember Sullivan's inquiry, Police Chief Lowenberg stated that traffic officers would be stationed prior to the checkpoint to investigate drivers that turned to avoid the checkpoint. 416 Page 13 - Council/Agency Minutes - 2/16/93 On motion by Sullivan. second Bauer, to approve the appropriation of $13,000 in unbudgeted funds for the purchase of the D.U.I. Roadside Sobriety Checkpoint trailer and materials. Maximum expenditure for: trailer $11,000 and materials $2,000. (City to be -reimbursed by State Office of Traffic Safetv). The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None The City Clerk presented a communication from the City Administrator pertaining to appointments to the Citizens Advisory Board (CAB) Community Development Block Grant Program. A motion was made by Bauer, seconded by Sullivan, to appoint the following new members to the Citizens Advisory Board for terms to expire as indicated: Phil Zisakis (9/30/93 filling remainder of Dorothy Campbell's term, Frank Puccilli (9/30/94) filling remainder of Ernesto Barragan's term, Qgnna Shaffer (9/30/95) filling the remainder of the term of the late Diana Peter's term. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None _CC.i__v_CoUn-C") APPOINTMENTS/RECOGNITION OF MEMBERS TO GENERAL PLAN ADVISORY (GPA) - APPRQVED (440.90) The City Clerk presented a communication from the City Administrator pertaining to the appointment of new members to the General Plan Advisory Committee. Discussion was held regarding S. 3 of the recommended action that would require all newly appointed members not to vote on issues for which they have not been present for previous discussions, unless they have reviewed all audio tapes, handouts and minutes from previous applicable meetings. This portion of the recommended action was removed. Councilmember Leipzig directed that a Master List of General Plan Advisory Committee members be returned back to Council for review. Page 14 - Council/Agency Minutes - 2/16/93 A motion was made by Sauer, seconded by Sullivan, Council to approve the appointments of six new members to the GPAC Committee as follows: Mark Porter, Primary - Huntington Beach Tomorrow, Tom Livengood, Primary and Bob Dettloff, Alternate - Amigos de Bolsa Chica; Aileen Manley, Primary and Shirley Dettloff, Alternate.- Westminster School District; Jan Shomaker, Alternate - Planning Commission; Jim Silva - Council Representative and recognized as official members of GPAC, three individuals who have been attending GPAC meetings as unappointed alternates or primary replacements: George Cross, Primary; Don MacAllister - Council Representative; Chris Cristie, Alternate; Earle Robitaille - Council Representative; Loretta Wolff, Alternate; Grace Winchell - Council Representative. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (r,ity Council)I NCE NO. 3184TCITIZEN'S LANE BOARD - INTRODUCTION APPME (320.60) The City Clerk presented a communication from the City Administrator transmitting an ordinance creating a seven member Citizen's Finance Board which would serve in an advisory capacity to the City Council in matters pertaining to fiscal policies and financial planning, submit annual report to the City Council in January of each year and in carrying out its' duties the Board would review audits, fiscal policies, budget and other financial information it determines to be applicable to the Board's annual report. The City Administrator reported that the committee will continue the duties and responsibilities of the temporary Budget Task Force formed last year. Applications for the new Finance Board will be accepted in the Office of the City Clerk through 5:00 p.m. on Tuesday. March 16, 1993. The City Clerk presented -Ordinance No. 3184 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH CREATING THE FINANCE BOARD." A motion was made by Silva, seconded by Moulton -Patterson, to approve introduction of Ordinance No. 3184, after reading by title. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None W ty Council) RESOLUTION NO, c,4fiR - ADOPTED - SUBMITTALQ,F„MAU IMPROVEMENT _PROJECT(S) TQTHEORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM (800.45) The City Clerk presented a transmittal from the Department of Public Works of a resolution to apply for matching funds through the Orange County Combined Transportation Funding Program for signal projects, highway pavement rehabilitation and improvement projects for the 1993/94 and 1994/95 fiscal years. ri 1 Page 15 - Council/Agency Minutes - 2/16/93 The City Clerk presented Resolution No. 6462 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE SUBMITTAL OF ROAD IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FINDING PROGRAM." The City Engineer reported on the application and prioritization process. Discussion was held regarding criteria for prioritization. The signal at Humboldt and Saybrook was removed and a signal at Palm and 17th Street was added. A motion was made by Leipzig, seconded by Silva, to adopt Resolution No. 6462 as amended to remove the signal at Humboldt and Saybrook and to add a signal at Palm and 17th Street. The motion carried by the following roll call vote. AYES: Robitaille, Sauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None S4MEOM - VAL nL _ RFMVVRL - nr DEFERRED TO LATER DATE (650.$0 The City Administrator stated the item pertaining to the granting of an easement from the city to Southern California Edison Company would be deferred to a later date. MEETING-_4TION_ TO PROCEED APPROVE Mayor Winchell stated that since the hour was 11:00 p.m. there should be a vote to continue. A motion was made by Leipzig, seconded by Sullivan, to proceed with the meeting. The motion carried by the following roll call vote. AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Silva ABSENT: None (City Council) CURRENT YEAR (1992-93) BUDGET SHORTFALL - WATER FUND BUDGET - APPROVED The City Clerk presented a communication from the City Administrator regarding the need to amend the current year budget to reduce expenses or increase revenue to eliminate a $2.2 million estimated budget shortfall. Discussion was held between Council and staff regarding alternatives to using the Water Fund Budget surplus. 1.9 Page 16 - Council/Agency Minutes - 2/16/93 A motion was made by Silva, seconded by Leipzig, to amend the Water Fund Budget to authorize payment to the General Fund of an additional $1,500,000 in fiscal year 1992/93 to cover costs for services provided by General Fund Operations, to instruct the City Administrator to implement additional expenditure control programs to reduce current year expenses by an amount directed to $700,000 and instruct the City Administrator to provide an updated shortfall estimate by May 1, 1993. The motion carried by the following roll call vote. AYES: Bauer, Moulton -Patterson, Winchell, Silva, Leipzig NOES: Robitaille, Sullivan ABSENT: None (CITY COUNCIL.),_,ANICUS CURIAE BRIEF - SUPPORTED - CITY OF SAN DIEGO v NEUMAN. et al - ENINENT DOMAIN ACTIONS (630.50) - In an eminent domain case, in determining severance damages, is unity of use (or at least a showing of non -diversity of use) an essential requirement of the case so that a "larger parcel" finding will give rise to severance though damages. The City Attorney of San Diego advises that even though the brief is due on February 16, 1993, our joining on February 17, 1993 would be possible. A motion was made by Silva, seconded by Leipzig, to join in support of the Amicus Curiae Brief with the City of San Diego. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Silva ABSENT: None (CITY COUNCIL) AMICUS_QJRIAE BRIEF -- NOT SUPPORTED - FREEDOM NEWSPAPERS v BOARD OF DIRECTORS_- QUORUMS/BROWN ACT (630.50) - Is a committee of a nine -member board, composed of four members, less than a quorum of the board, subject to the Brown Act? The decision of the City Council of Huntington Beach can be faxed to Mr. Peter Brown on February 17, 1993 and still be added to the brief. A motion was made by Leipzig, seconded by Sullivan, to not join in support of the Amicus Curiae Brief. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Silva ABSENT: None PLANNING COMMISSION APPOINTMENT - DEBBIE COOK (440.90) Councilman Ralph Bauer appointed Debbie Cook to serve as his representative on the Planning Commission. .20 Page 17 - Council/Agency Minutes - 2/16/93 REVIEW CITY'S SMOKING REGULATION - AD HOC COMITTEE TO REVIEW SWKINC ORDINANCE - APPROVED (120.25) The City Clerk presented a communication from Mayor Pro-Tem Moulton -Patterson regarding recent findings relative to the hazards of second-hand smoke stating this is an appropriate time for review of the city's smoking regulation. Recognizing that such regulations pose ramifications on individuals and businesses, it is recommended that the City Council establish an ad -hoc committee made up of representatives of the following: City Council; Chamber of Commerce: Restaurant Owners; Local Health Community; Citizen; Orange County Health Department; American Cancer Society and American Lung Association. A motion was made by Moulton -Patterson, seconded by Silva, to establish an ad -hoc committee to review the city's smoking ordinance. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell., Silva, Sullivan, Leipzig NOES: Robitaille ABSENT: None (120.25) Appointments of Councilmembers Linda Moulton -Patterson (Chairwoman), Ralph Bauer and Victor Leipzig to serve on the City Council committee formed to study the preservation, restoration and acquisition of the Bolsa Chica. A motion was made by Sullivan, seconded by Moulton -Patterson, to approve the appointments. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None REPORT REOUESTED: 'YOUTH SPORJS MMPLEX ALTERNATIVE STIES (120.90) Request that the City Council consider giving direction to Community Services staff to determine whether there are any alternative sites which could accommodate the Youth Sports Complex. On motion by Sullivan, seconded by Silva, Council directed Community Services staff to do a report to Council on alternative sites which could.accawnedate. the Youth Sports Complex. The motion carried by the following roll call vote. AYES: Bauer, Moulton -Patterson, NOES: Robitaille ABSENT: None Winchell, Silva, Sullivan, Leipzig 21 Page 18 - Council/Agency Minutes - 2/16/93 ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Winchell adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, February 22, 1993, at 5:30 P.M. in Room B-8, Civic Center Clerk of the Redevel&plFent Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTES City Clerk/Clerk Mayor/Chairman 22 1