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HomeMy WebLinkAbout1993-03-01 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Chamber Huntington Beach, California Monday, March 1, 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 CALL PRESENT: Robitaille, Bauer, Moulton -Patterson, Winchell Sullivan and Leipzig arrived 5:45 P.M. ABSENT: Silva ENVIRONMENTAL BOARD ROLL CALL PRESENT: Cathcart, Linehan, Proctor, Smith, Stip, Rey, Ryan, Andamo Hochfelsen arrived 5:44 p.m. Torres arrived 6:15 p.m. ABSENT: Bailey, McCabe, Galluccio, Montero, Poindexter STUDY SESSION - JOINT MEETING - ENVIRONMENTAL BOARD A presentation of goals and objectives with request for Council direction was given by the Board of Directors. Norman Smith, Chairman, reviewed environment assessment and responded to the Planning Department. He submitted material to Laura Phillips, Associate Planner. Mr. Hochfelsen addressed the issue of mass transit and public relations. What are the type of concerns for Huntington Beach; information placed on the back of the water bill, press releases in conjunction with the Public Information Office, and suggested sponsorship of environmental fairs so citizens can become more environmentally conscious.. William Linehan stated the Environmental Board is a coordinating body for the total community that takes a pro -active role in environmental issues. Theresa Rev stated the Pierfest was successful. She suggested having more activities like OP Pro and the Oktoberfest. She stated the city could have a Going Green Day (Armstrong Nursury, Simple Green) Fair. Page 2 — Council/Agency Minutes — 3/l/93 Norman Smith showed a wheel guide on household hazardous waste with city information on one side and sponsors on the other. He stated the wheel guide would be circulated to Council for their review to consider the proposal to the city. Mike Adams, Community Development Director, reported that the city is perform— ing mitigation monitoring on specific projects while reviewing the cumulative impact. Discussion was held between Council, the Environmental Board, and staff. Ron Hagan, Community Services Director, reported on scheduled- city events including Pierfest during the third weekend of August. Following the events, issues such as impact and safety will be reviewed before considering additional weekly events. In response to Councilmember Bauer's inquiry pertaining to city involvement in recycling, Carol Proctor stated that more involvement was necessary and that the public should be educated about AB 939, the Integrated Waste Management Act of 1989. Rich Barnard, Deputy City Administrator/Administration, reported on the current efforts made pertaining to recycling by the cities of Huntington Beach and Fountain Valley and Rainbow Disposal including the use of Channel 3 for public education. Discussion was held pertaining to the functioning of the Environmental Board. Lack of a quorum and absences were discussed. Norman Smith stated the Board was in the process of changing the by—laws. Mayor Winchell suggested that Pat Dapkus, Management Assistant, be contacted for guidance. Daniel Torres suggested that staff create a class for a new —member orientation and for training purposes for the Environmental Board. Norman Smith thanked Council and staff for the joint meeting. (City Council) DISCUSSION HELD RE: PUBLIC HEARING — SIX MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 90-50 — NICCOLE'S RESTAURANT — NE CORNER 6TH/14AIN — (ACOUSTIC LIVE ENTERTAINMENT AND DANCING) (420.40) The City Administrator stated the item pertaining to Conditional Use Permit No. 90-50 would be tabled due to an agreement between parties not being reached. Discussion was held between Council and staff pertaining to live entertainment. (City Council) DISCUSSION HELD RE: ELLIS/GOLDENWEST QUARTER SECTION EQUESTRIAN FACILITIES The City Administrator stated the item pertaining to the Ellis/Goldenwest Quarter Section Equestrian Facilities would be deferred to a date uncertain. 29 Paje 3 — Council/Agency Minutes — 3/l/93 (City Council) DISCUSSION HELD RE: ORDINANCE NO 3184 — FINANCE BOARD (320.60) Following discussion held between the City Administrator and Council, it was suggested to strike the following sentence in Section 2 of Ordinance No. 3184: "The City Council .shall, by simple majority vote, confirm the members of the Board." ADJOURNMENT — COUNCILIREDEVELOPMENT AGENCY Mayor Winchell adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, March 15, 1993 at 7 P.M., Council Chamber, Civic Center. Clerk of the Redevelopment Agency and City Clerk and ex—officio Clerk of the City Council of the City of Huntington Beach, California ATTES)��/n� _ City Clerk/Clerk Mayor/Chairman '0 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, March 1, 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, Sullivan, Leipzig ABSENT: Silva FLAG CEREMONY AND INVOCATION The Flag Ceremony was led by Daisy, Brownie and Girls Scout Troops from Huntington Beach celebrating Girl Scout Week March 6-12. PRESENTATION - POLICE CHIEF LOWENBERG .- THE CALIFORNIA CHIEF OF POLICE CONFERENCE Police Chief Ron Lowenberg presented a report on The California Chief of Police Conference held at the Waterfront Hilton February 10-12 to the Mayor and City Council. PRESENTATION - $1,500 CHECK TO GLEN SORUM - EMPLOYEE SUGGESTION Mayor Grace Winchell and Vick Morris, Personnel Services Coordinator, presented a plaque and check in the amount of $1,500 to Glen C. Sorum, Senior Public Works Inspector, to recognize Mr. Sorum's "employee suggestion" which will amount to a cost savings to the city of over $15,000. PRESENTATION - PLAQUE TO WILLIAM MILLER FOR COST SAVINGS TO CITY Mayor Grace Winchell, and Vick Morris, Personnel Services Coordinator, presented a plaque to William M. Miller, Principal Library Clerk, to recognize Mr. Miller for a video he produced to raise donations for expansion of the Central Library. Lowest estimate from outside production company was $12,550 compared to $250 for Mr. Miller's production cost. Cost savings to the city was $12,300. 31'. Page 2 Council/Agency Minutes - 3/l/93 PRESENTATION - KELLY SHANLEY - MARCH 6-12 GIRL SCOUT WEEK Mayor Grace Winchell presented a proclamation to Kelly Shanley, Girl Scouts, Huntington Beach Community Relations Chair, to proclaim March 6-12 Girl Scout Week. PUBLIC COMMENT Wendy Mello stated she believed the system of issuing permits for graffiti on the sea wall between llth Street and Goldenwest Street should be abolished due to the out-of-town permit holders and the fact that the sea wall does not seem to be a deterrent as graffiti had increased. She presented a photograph per- taining to graffiti to the Council. Councilmember Bauer stated the he believed Huntington Beach should impose heavy fines to graffiti offenders and their parents the same way surrounding cities have implemented that procedure and that it be part of an ordinance. The City Administrator stated he would take that under advisement. Taylor Shaw -Bass, representing Dunn Edwards Paint, expressed the difficulty she was having due to her building being tagged and stated she would donate an anti -graffiti paint product and be involved with the city to help with the graffiti issue. She stated she was a member of the Community Forum Huntington Beach and that there would be a meeting devoted to the graffiti issue March 23, 1993 at 7 p.m. at the Rodgers Senior Center. Bryan Bridges stated that spraying graffiti is a misdemeanor and that accord- ing to state law no minor should be in possession of a spray can. He stated that issuing permits creates a double standard and because of that the District Attorney would not file against graffiti offenders. Mary Ann Black, Unocal, stated there would be a meeting March 4, 1993 at 7:30 p.m. at the Meadowlark Country Club regarding Fort Apache --Heil Avenue. She stated that results of the air quality tests would be presented. Cheryle B. Browning expressed her concerns pertaining to old cars, boat trailers, and debris on the site of Meadowlark and asked who was monitoring the site. She distributed photographs of the area at Pierce and Roosevelt. She stated there was no clear monitoring procedure in place, and she asked who would be the person to contact. Sally Graham stated she lived adjacent to Meadowlark. She stated strawberries were being sold at the north and south ends of the airport and she believed that drainage could be a potential problem and that there could be a traffic safety problem with the small driveway access. Dean Albright expressed his concerns pertaining to the proposed commercial building on the Meadowlark Airport site because of the unrented commercial buildings in the surrounding areas. He stated the signage was antiquated. Tom Duchene expressed his concerns about the city making graffiti legal using the sea wall and urged Council to reconsider the permit program. He invited all concerned citizens to the Community Forum Huntington Beach meeting to be held March 23, 1993. 32 Page 3 - Council/Agency Minutes - 3/l/93 DOWNTOWN SPECIFIC PLAN PUBLIC HEARING TO BE SCHEDULED The City Administrator stated there would be a public hearing on the Downtown Specific Plan Tuesday, March 2, 1993. He stated the issue would return to Council late April or May. He encouraged people to participate in the public hearing. McDONNELL DOUGLAS MEETING The City Administrator stated a meeting had been held with Mayor Winchell and Councilmembers Moulton -Patterson and Bauer, and McDonnell Douglas representa- tives and that a tour had been scheduled pertaining to the plan improvements. He stated some Long Beach employees had been transferred to the Huntington Beach site. BUDGET WORKSHOPS SCHEDULED The City Administrator stated there would be a. Budget Workshop March 2, 1993 to address city shortfalls and a Budget Workshop on March 22, 1993 at 7 p.m. in the Council Chamber. CITY ISSUES AND PROJECTS WORKSHOP 3/26/93 The City Administrator stated there would be a projects and city issues Work- shop of the City Council (adjourned meeting) held March 26, 1993. FINANCE BOARD APPLICATIONS TO BE ACCEPTED The City Administrator stated that applications are available at the Office of the City Clerk for the Finance Board. He stated the appointments would be made March 22nd or April 5th, 1993. AGENDA ITEM DEFERRED - ELLIS/GOLDENWEST EQUESTRIAN FACILITIES Mayor Winchell announced the item pertaining to the Ellis/Goldenwest Quarter Section Equestrian Facilities had been deferred to a time uncertain. D-1.(City Council) CLOSED PUBLIC HEARING - TABLED - SIX MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 90-50 - NICCOLE'S RESTAURANT - NE CORNER 6TH/MAIN - (ACOUSTIC LIVE ENTERTAINMENT AND DANCING) (420.40) 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. 90-50 (Six Month Review) APPLICANT Michael Niccole LOCATION 520 Main Street (Northeasterly corner of Main Street and Sixth Street) ZONE Downtown Specific Plan, District 6 33 Page 4 - Council/Agency Minutes - 3/1/93 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 Community Development Director presented a staff report. He recommended tabling the item to allow the concerned parties to meet at a future date. A motion was made by Robitaille, seconded by Moulton -Patterson, to table Con- ditional Use Permit No. 90-50 (Niccole's Ristorante Live Entertainment) to allow for further discussion among interested parties. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Sullivan NOES: Winchell, Leipzig ABSENT: Silva D-2. (City Council) PUBLIC HEARING - APPEAL DENIED - HADJIAN PLANNING COMMISSION'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 92-17 UPHELD - 16182 PCH - (SECOND DRIVEWAY ACCESS/COMMERCIAL SITE) (420.50) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER Conditional Exception (Variance) No. 92-17 APPLICANT/APPELLANT Fred Hadjian LOCATION 16182 Pacific Coast Highway ZONE Visitor Serving Commercial - Coastal Zone RE UEST This is an appeal of the Planning Commission's denial of Conditional Exception (Variance) No. 92-17 which is a request to add a second driveway access with no internal circulation from Pacific Coast Highway to an existing commercial site. The request includes providing an additional parking space and relocation of the existing trash enclosure. ENVIRONMENTAL STATUS Categorically exempt pursuant to Section 15305, Class 5 of the California Environmental Quality Act. COASTAL STATUS This project is located in the Coastal Zone but may be cate- gorically excluded from coastal development permits pursuant to Section 989.5.3.13(g), which exempts minor variances that do not pertain to height and that do not negatively impact coastal access or view corridors, from coastal development permits. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. The City Clerk stated she had received a letter at 7 p.m. from Huntington Marina Property Owners' Association stating that 92 34 residents were in opposition to Conditional Exception No. 92-17. L Page 5 - Council/Agency Minutes - 3/l/93 The Mayor declared the public hearing open. Dick Cahl, attorney representing Fred Hadjian, presented a slide and urged Council to overturn the Planning Commission decision and to approve Condi- tional Exception No. 92-17. He distributed a printed sheet displaying photo- graphs to Council, the Community Development Director, and the City Clerk. He spoke regarding a site problem which could prove a liability as a person in a wheelchair would think it was a handicap access ramp. There being no one present to speak further on the matter the hearing was closed by the Mayor. A motion was made by Bauer, seconded by Robitaille, to deny the appeal and uphold the Planning Commission's denial of Conditional Exception (Variance) No. 92-17 with the following findings: Findings for Denial 1. Since the subject property can be fully developed within regular established setbacks, such a conditional exception for an additional driveway along Pacific Coast Highway for the existing office building and with no on -site internal circulation is not necessary for the preserva- tion and enjoyment of substantial property rights. The renovation of the existing commercial building, approved under Use Permit No. 90-18 and Conditional Exception No. 90-19, complied with the parking requirements based on the code at that time. The additional driveway, has the poten- tial to create additional vehicle, bicycle, and pedestrian conflicts along Pacific Coast Highway. The additional parking space does not warrant the conflicts between vehicles entering and exiting the site, and reduction in landscaping. In addition, there is a design option avail- able to the applicant which is to access the southerly portion of the site from an adjoining lot. 2. Granting of Conditional Exception (Variance) No. 92-17 for an additional driveway along Pacific Coast Highway for the existing office building and with no on -site, internal circulation between the two parking areas would constitute a special privilege inconsistent with limitations upon proper- ties in the vicinity. Other parcels along Pacific Coast Highway in the vicinity have only one point of ingress and egress (driveway). 3. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties. in the same zone classifications. 4. Although the property is irregular in configuration, the proposed drive- way access on the southerly property line will create a hazardous situa- tion with vehicular ingress and egress and northbound traffic on Pacific Coast Highway. 5. The proposed driveway would create awkward circulation movements on -site and cause potential ingress and egress. conflicts on an arterial highway. The driveway width is only 18 feet in width (27' minimum is required by the city) which is not wide enough to accommodate adequate two-way maneuvering into and out from the site. 6. The driveway will result in a loss of on -site landscaping and open space area pursuant a previously approved use permit which justified a variance for reduced planter width (1' 6" in lieu of 10') along Pacific Coast.,, Highway next to the northerly parking area. 35 Page 6 - Council/Agency Minutes - 3/l/93 The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None , ABSENT: Silva ONSENT CALENDAR - (ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Bauer) Meadowlark Airport Site; Resolution No. 6466; Oakview North Half Project, CC-771; Appropriation of Funds to settle Garza v City Lawsuit; (Sullivan) Resolution Nos. 6468/6469/6470. CONSENT CALENDAR - (ITEMS APPROVED On motion by Moulton -Patterson, second Sullivan, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: Silva Councilmember Moulton -Patterson requested that a correction be made pertaining to Resolution No. 6466. She stated the name of the park should be Norma Brandel Gibbs. E-1.(City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted the minutes of the Council/Agency adjourned regular meeting of January 25, 1993 as written and on file in the Office of the City Clerk. E-3.(City Council) PROCESSING FEES AND ELECTRICAL INSPECTION FEES FOR BUS SHELTER LOCATIONS - RESOLUTION NO. 6471 - ADOPTED (340.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 WHICH ESTABLISHES A CITY FEE SCHEDULE PERTAINING TO BUS SHELTER PLACEMENT (SUPPLEMENTAL FEE RESOLUTION NO. 40." (Establishes fees of $125 for electrical inspection and $129 for investigation and processing of applications for bus shelters. E-4.M tv_ Council) RECONSTRUCTION AND RUBBERIZATION OF SIX RAILROAD CROSSINGS WITHIN THE CITY - MCFADDEN AVE/CENTER DR/EDINGER AVE/HEIL AVE/SLATER AVE/ TALBERT AVE - PLANS _& SPECIFICATIONS_- APPROVED - CALL FOR BIDS - AUTHORIZED - CC-872 (600.80) - Approved plans and specifications for the reconstruction and rubberization of railroad crossings at McFadden Avenue, Center Drive, Edinger Avenue, Heil Avenue, Slater Avenue and Talbert Avenue and authorized the Director of Public Works to solicit bids to provide traffic control and detour signage during crossing reconstruction. E-6.(City Council) APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI P BERG GRANT PROGRAM FOR DEVELOPMENT OF NORMA BRANDEL GIBBS PARK - RESOLUTION NO. 6467 - ADOPTED (340.80) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM FOR THE DEVELOP- 3 6 MENT OF NORMA B. GIBBS PARK." Page 7 - Council/Agency Minutes - 3/1/93 E-2.(City Council) PARCEL MAP #90-268 - MEADOWLARK AIRPORT SITE - BOLSA REALTY - 5141 WARNER AVE - CONTINUED TO 3/15/93 (420.70) The City Clerk presented a communication from the City Administrator dated February 16, 1993 pertaining to Parcel Map No. 90-268 (Meadowlark). A motion was made by Councilmember Bauer to re -activate the Meadowlark Airport Committee. The motion died for lack of a second. A motion was made by Leipzig, seconded by -Moulton -Patterson, to continue the item pertaining to Meadowlark Airport Site to March 15, 1993. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Robitaille ABSENT: Silva E-5.(City Council) APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 1986 & CONCEPTUAL PLAN FOR TWO PHASED DEVELOPMENT OF NORMA BRANDEL GIBBS PARK - RESOLUTION NO. 6466 (340.80) The City Clerk presented a communication from the City Administrator pertain- ing to a resolution of the City Council of the City of Huntington Beach approving the application for Grant Funds under the Community Parklands Act of 1986 for development of Norma Brandel Gibbs Park. - The City Clerk presented Resolution No. 6466 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 1986 FOR GIBBS PARK DEVELOPMENT." A motion was made by Bauer, seconded by Robitaille, to adopt Resolution No. 6466 and to approve the conceptual plan for two phased development of Norma Brandel Gibbs Park. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: Silva Councilmember Moulton -Patterson requested that the name of the park should be Norma Brandel Gibbs. E-7.(City Council) TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM - IV J/ 14124 - nLJVLVIIVI\ "Va. 0400101401109/V MEDIAN/CELEBRATION PLAZA (340.70) The City Clerk presented a communication dated March 1, 1993 from the City Administrator pertaining to the Transportation Enhancement Activities Program. The City Clerk presented Resolution No. 6468 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR BLUFF TOP LANDSCAPE IMPROVEMENTS - PHASE VI." 37 Page 8 - Council/Agency Minutes - 3/l/93 The City Clerk presented Resolution No. 6469 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR WARNER AVENUE MEDIAN LANDSCAPING." The City Clerk presented Resolution No. 6470 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE CELEBRATION PLAZA PROJECT." Prepared by Public Works. The Public Works Director reported that a two -week delay would not be a problem. A motion was made by Sullivan; seconded by Leipzig, to continue the item per- taining to Resolution Nos. 6468, 6469, and 6470 to March 15, 1993. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: Silva E-8.(City Council) BUDGET AMENDMENT & CHANGE ORDER - APPROVED - OAKVIE14 NORTH HALF PROJECT - CC-771 (320.45) The City Clerk presented a communication dated March 1, 1993 from the City Administrator pertaining to the Oakview North Half; CC-771. The Public Works Director reported. Councilmember. Bauer questioned aspects of the item. Discussion was held between Counci.lmembers and the Director of Public Works. The City Attorney reported. A motion was made by Winchell, seconded by Sullivan, to authorize an increase of $100,000 in the approved change order limit for the Oakview North Half Project and approve an amendment to the current year budget by appropriating $100,000 of Community Development Block Grant (CDBG) funds from the rehabili- tation loans account for the Oakview North Half Project. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: Silva (Robitaille - out of the room) E-9.(City Council/Redevelopment Agency) APPROPRIATION OF FUNDS TO SETTLE GARZA V CITY LAWSUIT - MAIN -PIER REDEVELOPMENT FUND - APPROVED (630.40) The City Clerk presented a communication dated March 1, 1993 from the City Attorney pertaining to the appropriation of funds to settle Garza v. City lawsuit. At the request of Councilmember Bauer, the City Attorney reported on the 38 matter. Page 9 - Council/Agency Minutes - 3/1/93 A motion was made by Bauer, seconded by Moulton -Patterson, to approve Settle- ment Agreement and Release of Claims and authorize City Administrator to execute same and approve an amendment to the current year budget by appropriating $74,000 from the Main -Pier Redevelopment Fund Balance to E-TM-ED-810-5-91-00 to fund the agreement. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: Silva (Robitaille - out of the room) F-1.(Redevelopment Agency) REFINANCING OF EXISTING LOAN ON AGENCY PROPERTY - APPROVED - HUNTINGTON NATIONAL BANK - LOCATION (OLD TERRY BUICK PROPERTY) - WALNUT/5TH STREET (410.20) The City Clerk presented a communication from Deputy City Administrator Robert Franz regarding the refinancing of existing loan on agency property located at 411 Walnut Avenue, 112, 118 and 122 5th Street. The terms of the agreement that is being offered are a fully amortized loan for 15 years, no prepayment penalty and .no points to make this loan. The new interest rate is 7.75% compared to the current rate of 11%. Bob Franz, Deputy City Administrator/Administrative Services, presented a staff report. A motion was made by Bauer, seconded by Sullivan, to accept the terms of the proposed modified note and trust deed with Huntington National Bank in the principal amount of $788,741 and authorize the execution of the appropriate documents. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: Silva F-2.(City Council) ELLIS/GOLDEN WEST QUARTER SECTION EQUESTRIAN FACILITIES - REMOVED FROM AGENDA The City Clerk presented a communication from the Community Services Director regarding a request to provide equestrian facilities in the southwest Ellis/ Golden West quarter section for use by the residents and general public. By consensus of Council, the item pertaining to the Ellis/Golden West Quarter Section Equestrian Facilities was removed from the agenda. G-la.(City Council) ORDINANCE NO. 3184 - INTRODUCTION APPROVED AS AMENDED FINANCE BOARD (320.60) The City Clerk presented Ordinance No. 3184 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH CREATING THE FINANCE BOARD." (Establishes citizens board to review city budget.) 39 Page 10 - Council/Agency Minutes - 3/l/93 Following discussion, a motion was made by Moulton -Patterson, seconded by Sullivan, to approve introduction of Ordinance No. 3184 as amended to delete the last sentence in Section 2. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: Silva The City Clerk and City Attorney reported on the procedural aspects of the ordinance. G-2a.(City Council) ORDINANCE NO. 3185 - PIER REGULATIONS - CONTINUED TO 3/15/93 (240.10) The City Clerk presented Ordinance No. 3185 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING CHAPTERS 10.84 AND 13.12 PERTAINING TO PIER REGULA- TIONS." (Regulations regarding fishing, curfew and feeding of wildlife, etc. on the pier.) Ron Hagan, Community Services Director, presented a staff report. In. response to an inquiry by Councilmember Leipzig, Ron Hagan stated that there was a difference of opinion on the ordinance between divisions in his department and he would work with the City Attorney. Following discussion, by consensus of Council the item pertaining to Ordinance No. 3185 was continued to March 15, 1993 for clarification of language. ASCON DISPOSITION AND DEVELOPMENT AGREEMENT (NESI) - WE CORNER HAMILTON AVE/MAGNOLIA ST Councilmember Bauer stated that the NESI Dump site (Ascon) was in financial difficulty. He requested that if the Disposition and Development Agreement with the city was adversely affected, it be returned to Council for review. RED ONION SITE TO BE LEASED Councilmember Bauer stated that the The Red Onion was no longer in business. He suggested that since there were negotiations to put a new facility in, the city should anticipate what type of facility it should be so potential lesees would not be misled. REQUESTED REPORT MADE RE: RIOTS IN URBAN AREAS Councilmember Bauer requested staff to obtain a written report pertaining to riots from the Milton S. Eisenhower Foundation for possible emergency preparation.. ME Page 11 - Council/Agency Minutes - 3/1/93 SURPLUS SCHOOL SITES - MEETING TO BE SCHEDULED WITH SCHOOL DISTRICT MEMBERS/ STAFF/MAYOR/MAYOR PRO TEMPORE Councilmember Bauer stated there was confusion about the process of dealing with surplus school sites and asked how to best interact with the school districts. The City Administrator reported that the school district members requested to meet with staff, the Mayor and Mayor Pro Tempore to discuss common issues. Mayor Winchell stated that prior to the meeting with the school district members a preliminary meeting should be held with staff and three council - members. REQUESTED STAFF UPDATE RE: BLUFF TOP PARK Councilmember Moulton -Patterson requested a staff update on the area needing to be planted at Bluff Top Park. The Public Works Director stated he would review the matter and provide infor- mation in the weekly report. ST BONAVENTURE SCHOOL THANKS CITY FOR DARE PROGRAM Councilmember Sullivan read a letter from St. Bonaventure students and faculty thanking the City of Huntington Beach for maintaining the Dare Program at their school. STAFF REPORT REQUESTED: FEBRUARY COST OF GRAFFITI TAGGING REMOVAL Councilmember Sullivan spoke pertaining to the rising cost of removing graffiti tagging and requested a staff report on the cost incurred in February to analyze the trend. Councilmember Sullivan stated his place of business had been tagged four times and other businessmen have had the same problem. He stated that police state they are not gang members but reasonable young people who do not realize the consequences of tagging. He suggested that the Council form a subcommittee to meet with staff regarding the problem. RISING COST OF STICKER REMOVAL - NEED 24-HOUR HOT LINE Councilmember Sullivan stated that stickers on stop signs are also a major cost to the city and is impacting public safety. Councilmember Moulton -Patterson stated there was a need for a 24-hour hot line telephone number to report graffiti and that the number should be publicized. AGENDA ITEM FOR 3/15/93 AGENDA - CREATE GRAFFITI SUBCOMMITTEE Mayor Winchell requested that the issue of creating a subcommittee regarding graffiti be placed on the March 15, 1993 Council meeting agenda under Council - member Sullivan's name. 41 Page 12 - Council/Agency Minutes - 3/1/93 CLOSED SESSION 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 Pacific Enviro Design v City - Orange County Superior Court Case No. 659281. (120.80) RECESS - RECONVENE The Mayor called a recess of. Council at 9:10 p.m. The meeting was reconvened at 9:20 p.m. 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, March 15, 1993, at 5:30 P.M. in Room B-8, Civic Center, Huntington Beach, California. ATTESTgg . G� 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