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HomeMy WebLinkAbout1993-06-07CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH CITY COUNCIL/REDEVELOPMENT AGENCY Grace Winchell, Mayor Linda Moulton -Patterson, Councilmember Earle Robitaille, Councilmember Ralph Bauer, Councilmember Jim Silva, Councilmember Dave Sullivan, Councilmember Victor Leipzig, Councilmember You are hereby notified that a Special Meeting of the City Council/Redevelopment Agency of the City of Huntington Beach, California, is called for and will be held in Room B-8 of the Civic Center, at the hour of 5:00 P.M. on Monday, June 7, 1993, for the purpose of convening earlier (5.:00 P.M.) than the officially posted time of 5:30 P.M. Dated: June 2, 1993 Mayor, City Council/Redevelopment Agency ATTEST: City Clerk I hereby certify that I received the above notice, "Call For Special Meeting of Huntington Beach City Council/Redevelopment Agency", prior to 7:00 P.M. on Sunday, June 6, 1993. Ay Y_L,�� Mayor, Huntington Beach City Council/Redevelopment Agency 160A 0992K (Telephone: 714536-5227 ) C 1 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, June 7, 1993 A tape recording of this meeting is on file in the City Clerk's Office. Mayor/Chairman Winchell called the special meeting of the City Council of the City of Huntington Beach to order at 5:00 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig ABSENT: None The City Clerk/Clerk was directed to read the Call for Special Meeting. CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH CITY COUNCIL/REDEVELOPMENT AGENCY Grace Winchell, Mayor Linda Moulton -Patterson, Councilmember Earle Robitaille, Councilmember Ralph Bauer, Councilmember Jf'm Silva, Councilmember Dave Sullivan, Councilmember Victor Leipzig, Councilmember You are hereby notified that a Special Meeting of the City Council/ Redevelopment Agency of the City of Huntington Beach, California, is called for and will be held in Room B-8 of the Civic Center, at the hour of 5:00 p.m. on Monday, June 7, 1993, for the purpose of convening earlier (5:00 p.m.) than the officially.posted time of 5:30 p.m. Dated: June 2, 1993 �j . Mayor, City Council/Redevelopment Agency 161 Page 2 — Council/Agency Minutes — 6/7/93 ATTEST: 1; �i City Clerk I hereby certify that I received the above notice, "Call For Special Meeting of Huntington Beach City Council/Redevelopment Agency", prior to 7:00 p.m. on Sunday, June 6, 1993. Mayor, Huntington Beach City Council/Redevelopment Agency ADJOURNMENT — COUNCIL/REDEVELOPMENT AGENCY Mayor Winchell adjourned the special meeting of the City Council of the City of Huntington Beach. ATTEST: �� City Clerk/Clerk Clerk of the RedeveloprrWnt Agency and City Clerk and ex—officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman v 162 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, June 7, 1993 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, Silva, Sullivan, Leipzig ABSENT: None (City Council) DISCUSSION RE: BUDGET FY 1993/94 (320.20) The City Administrator reported on the schedule for adoption of the budget for fiscal year 1993/94. Discussion was held regarding the budget for fiscal year 1993/94. (City Council) DISCUSSION RE: ADMINISTRATIVE PUBLIC HEARING — SEAWALL ART PR RAM (900.10) Discussion was held regarding public response and comments which may be received on the seawall art program on which an administrative hearing is scheduled for the regular meeting. A suggestion was made to ask people not to repeat what other speakers have said in order to limit the time spent on public comments at the meeting. (Parking Authority) DISCUSSION RE: SPECIAL MEETING OF THE HUNTINGTON BEACH PARKING AUTHORITY/CITY COUNCIL (240.40) Councilmember Sullivan questioned when would be the appropriate time for public comments regarding Parking Authority items including Maxwell's Restaurant, Pier Plaza, Surfing Museum Options and South Beach Master Plan Rest Room renovation. Mayor Winchell stated that she would announce at the beginning of the meeting that public comments regarding the Parking Authority should be made at the time of the Public Comment portion of the meeting. (City Council) DISCUSSION RE: ANIMAL CONTROL AND SHELTER SERVICES (600.10) Mayor Winchell questioned the cost of providing animal control and shelter services in the city. Page 2 — Council/Agency Minutes — 6/7/93 The City Administrator responded that a City Manager's Committee is working with Orange County to challenge some of the charges for the.services. He stated that he would monitor the progress of this issue. (City Council) DISCUSSION RE: AMENDMENT NO. 4 TO ARCHITECT AGREEMENT FOR PIER LIFEGUARD TOWER AND PUBLIC REST ROOMS — RON YEO ARCHITECTS (600.10) Ray Silver, Assistant City Administrator, reported that a number of meetings were required with the architect in order to complete plans for the Pier Lifeguard Tower and that substantial design changes were required. Discussion was held by Council and staff regarding the time required to complete the plans. (City Council) DISCUSSION RE: PARKING REQUEST FOR ALICE'S BREAKFAST IN THE PARK (ALICE GUSTAFSON) (600.10) Discussion was held by Council and staff regarding review by the Community Services Commission of the request from Alice's Breakfast in the Park Restaurant to designate parking for the restaurant. Council directed that this item be reviewed by the Community Services Commission prior to Council action. (Redevelopment Agency) DISCUSSION RE: LEASE AGREEMENT — NORMAN HARBOLDT — 438 MAIN STREET — DBA A —CREATIVE PROPERTY MANAGEMENT (600.30) Discussion was held by Council and staff regarding ceramic tiles on the building, rental revenue, and correction of structural safety deficiencies in order for the building at 438 Main Street to be in compliance with city codes. (City Council) DISCUSSION RE: ADMINISTRATIVE REGULATION NO. 102 — COUNCIL REQUESTS — DIRECTIONS (100.10) The City Administrator corrected a typographical error changing _r to and in the context of the Administrative Regulation No. 102 Section 4. Policy to read "Direction given to city staff by the City Council will be transmitted at the City Council meeting by the Council and through the City Administrator's Office to the Department Director for the required response." A revised copy of the administrative regulation was distributed to Council by the City Administrator. (City Council) DISCUSSION RE: REOUESTS FOR FEE NAIVERS FOR SPECIAL/SPECIFIC EVENTS (340.20) Discussion was held by Council and staff regarding the budget of city sponsored events, the cost of these events to the city, non—profit sponsored events, requests for city sponsorship and waiver of fees for these special and specific events. Page 3 - Council/Agency Minutes - 6/7/93 (City Council) DISCUSSION RE: LICENSING AGREEMENT WITH R.T.I. PROMOTIONS (A DIVISION OF ROCKIN' THREDZ. INC. - FOR SURF CITY HUNTINGTON BEACH MERCHANDISING (600.10) Discussion was held by Council and staff regarding the fact that it is a non-exclusive agreement provision to market "Surf City Huntington Beach" on merchandise and whether R.T.I. Promotions was aware of that fact. CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957 regarding: Personnel Matters - (Annual Performance Evaluation of City Administrator) (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding: Labor Relations Matters - Meet and confer. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding: Pending Litigation - Patrice McGraw v. city - OCSCC 495588. (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 re: Negotiations with Coultrup Development Corporation regarding: The Purchase/Sale/Exchange/Lease of the Property located between Main/PCH/5th/Walnut - Main -Pier Phase II. (400.50) RECESS - RECONVENE The Mayor called a recess of Council at 5:45 p.m. The meeting was reconvened at 6:40 p.m. HUNTINGTON BEACH COMMUNITY BAND PERFORMANCE Council met outside in the City Hall bowl to listen to a performance by the Huntington Beach Community Band to commemorate twenty years of service to the community. ADJOURNMENT - COUNCIL/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, June 7, 1993 at 7 p.m., Council Chamber, Civic Center. &rz� Clerk of the RedevelopmentV Agency and City Clerk and ex-officio Clerk of the City Council of the City. of Huntington Beach, California ;.. ATTEST: p City Clerk/Clerk Mayor/Chairman. J MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber; Civic Center Huntington Beach, California Monday, June 7, 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 PLEDGE OF ALLEGIANCE. FLAG CEREMONY AND INVOCATION The Flag Ceremony was led by Cub Scout Pack 557, Richard Sontag, Leader. PRESENTATION - $5 000 CHECK PRESENTED BY SEACLIFF PARTNERS TO THE FOURTH OF JULY BOARD (160.40) Tom Zanic of Seacliff Partners presented a $5,000 check to Deborah Cope, Fourth of July Executive Board President, and Gary Heximer, Vice President, for the Fourth of July Celebration, Mr. Heximer distributed Fourth of July t-shirts to the City Council. PRESENTATION - HUNTINGTON BEACH HIGH SCHOOL 1992-93 BOYS' VARSITY VOLLEYBALL TEAM (160,40) Mayor Winchell and Councilmember Sullivan presented proclamations commending the Huntington Beach High School 1992-93 Boys' Varsity Volleyball Team for winning the CIF Championship - Southern Section - Division I. Princi awl: Jim Staunton, Coach: Rocky Ciarelli, Assistant Coach: Craig Pazanti, and Assistant Coach: Jason Tanaka. Team Members: Chris Swann, Mike Grave, Jody Cook -Fisher, Shadd Walker, Jeremy Bart, Steve Tsoneff, Brad Simons, Chris Jones, Philip Adam, Brian Atkinson, Jonathan Wimbish, Tom Walden, Josh Moss (not present), Matt Poston (not present), Nick Ziegler (not present), and Mark Rangle (not present). PROCLAMATION - HUNTINGTON BEACH CONCERT BAND FOR TWENTY YEARS OF SERVICE (120.60) Mayor Winchell presented a proclamation to the Huntington Beach Concert Band for twenty year of service to Tom Ridley, Director, and Lloyd Glick. Page 2 — Council/Agency Minutes — 6/7/93 COUNCIL COMMITTEE MEETINGS Mayor Winchell announced that Council committee meetings.are open to the public and anyone interested in attending a meeting may call City Hall for time and location. PUBLIC COMMENTS Lee Yadrick spoke in favor of redevelopment of the.Downtown area and in opposition to closure of the Main Street Library. Mary Jo Jeffes, President, Council on Aging, and Pat Davis invited Council to the fifth annual Senior King and Queen Pageant at Rodgers Senior Center on Saturday, June 19, 1993. The event is sponsored by Secure Horizons and proceeds from the pageant will fund the Grandparent's Alcove in the new Children's Wing at the Central Library. There will also be a Bake Sale and Car Wash on Saturday, June 12, 1993, by Huntington Beach High School students to benefit this program. Gerald Chapman spoke regarding the laws governing possession of aerosol paint containers by minors and the defacing of public property. He stated concern that the City Attorney and Police Chief review current laws before taking action on the agenda item regarding the Seawall Art Program. Natalie A. Kotsch spoke in favor of the proposed Pier Plaza and Surfing Museum. She stated that the present International Surfing Museum is supported by volunteers and provides public awareness and publicity for the city, also that the International Surfing Museum is producing video presentations to encourage community awareness and support. Debbie Cook, Save Our Parks representative, spoke regarding the proposed Pier Plaza, encroachments on public space by Maxwell's Restaurant, federal funds available through the National Education Program Fund for historic preservation of WPA buildings, improvement of beach access, improvement of public views, no loss of public parking and that the design for the new Maxwell's Restaurant be compatible with the other buildings on the pier. Don Harvey, Orange County Bicycle Coalition representative, spoke in opposition to the closing of the Santa Ana River bicycle trail during renovation of the Santa Ana River by Orange County and the Army Corps of Engineers. He stated that he believed the original agreement for the renovation included a clause that the bicycle trails would be kept open during renovation and the contractor was not complying with that portion of the agreement. He distributed fliers prepared by the Coalition to the City Clerk for distribution to the City Council. Paul Pirtle, Orange County Bicycle Coalition representative, spoke in opposition to the closing of the Santa Ana River bicycle trail during renovation of the Santa Ana River. He distributed a report to the City Clerk prepared by the Coalition outlining problems and design deficiences of the project. Ed Kerins, Huntington Beach Tomorrow representative, spoke in support of the conceptual design for the Pier Plaza. He stated that the group was in favor of increased public access, increased public view and maintaining the same square footage of the present Maxwell's Restaurant. ��- rR Page 3 - Council/Agency Minutes - 6/7/93 John Jankowski, Huntington Beach Mobile Home Owners Association representative, spoke in favor of rent stabilization for mobile home parks and regarding other cities that had addressed the rent control problem. LuAnn Knox -Smith, Bolsa Chica Land Trust representative, spoke concerning a donation and letters received from third and fourth grade students at Grace Lutheran Elementary School in support of the purchase and preservation of the Bolsa Chica Wetlands. She invited the City Council to the first birthday party for the Bolsa Chica Land Trust on Monday, June 14, 1993, from 7:00 to 8:30 p.m. Chuck Barbara spoke in favor of cooperation by the city with the county as lead agency for the Bolsa Chica Wetlands Restoration and reasonable development. He also spoke regarding changes in proposed state budget reduction for mental health services for older adults and a proposed senate bill that would provide funding for these services. George E. Arnold spoke in opposition to the proposed Pier Plaza and stated that the money would be better spent on restrooms north of the pier. He also spoke in opposition to the funding of programming on HBTV Channel 3. Bruce Pardue spoke in opposition to the skateboard area at Murdy Park. He stated that since the addition of the skateboard area there had been an increase in graffiti in the surrounding neighborhood including the flood control channel, signs, and commercial buildings. He distributed photographs to the Council for review. Norb Johnson, Huntington Beach Mobile Home Owners Association representative, spoke regarding a report he believed to be inadequate that the association had received from Vickie Talley and recommended that the Council read the document. He stated that the City Administrator had received a copy of the report. John Bushman, March of Dimes representative, spoke regarding the sizeable increase in fees for the upcoming March of Dimes 8K Run. He questioned when the fees would be implemented, how costs are calculated and the impact it would have on the proposed 8K Run. COMMUNITY OUTREACH MEETING Mayor Winchell announced that the first Community Outreach Meeting will take place on Saturday, June 19, 1993 from 8:00 a.m. to 2:00 p.m. at Hawes School and encouraged the public to attend. She stated that the Council will meet with interested members of the community and then participate in a door-to-door survey of the area and that this is the first of a series of meetings that will be held in different areas of the city. MOBILE HOME RENT STABILIZATION The City Administrator stated that a survey of mobile home rents had been completed and he had met with the Huntington Beach Mobile Home Owners Association to answer question and explain the city position on mobile home rent stabilization. He stated that the report submitted by Vickie Talley had been distributed to the Council and other interested people. He announced that a Council study session was planned for late summer or early fall to discuss the mobile home rent issue. Page 4 — Council/Agency Minutes — 6/7/93 REPORT RE: MURDY PARK SKATEBOARD AREA Ron Hagen, Community Services Director, reported that the skateboard area had not been completed at this time and that the contractor is still working on the project and is responsible for the fences and maintaining the area until the city accepts the project., He stated that staff is confident that when completed the skateboarders will be self —policing and that if the area is not kept clean and graffiti free, other proposed skateboard areas ,will not be built by the city. (City Council) OPENED PUBLIC HEARING — CITY BUDGET — FY 1993/94 & CONSIDERATION TO INCREASE VARIOUS FEES AS RECOMMENDED IN THE BUDGET — CONTINUED OPEN TO JUNE 21, 1993 (320.20) The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering the Fiscal Year 1993-94 City Budget and the increase of various fees as recommended in the Budget. The proposed budget for fiscal year 1993/94 totals $195,748,481 including General Fund . expenditures proposed at $96,384,727. The complete, proposed budget for fiscal year 1993/94 can be inspected by the public from 8:00 a.m. to 5:00 p.m., Monday through Friday at City Hall, 2000 Main Street, Huntington Beach. Copies of the proposed budget are also available for public review at the City's Central Library located at 7111 Talbert Avenue (Goldenwest Street and Talbert Avenue), and all branch libraries. The City Administrator presented an introduction and overview report on the budget for fiscal year 1993/94 using slides relating to: the General Fund — Budget Plan A, state budget update, -proposed refuse fee increase, other fee increases, summary of the city's fiscal condition, unemployment data, percentage of government expenditures of tax dollars, budget shortfalls for federal, state, county and city budgets, revenue losses since 1990, costs of mandates & transfer of responsibilities since 1990, ongoing revenues and expenses, balancing the budget, general fund budget reductions since 1990, current year budget savings, budget survey of reserves and shortfalls of other Orange County cities, General Fund Budget planning strategy, hiring freeze continued to June 30, 1994, requested appropriations, total resources, and fiscal policies. (City Council) PUBLIC HEARING — REVISION TO FEE FOR REFUSE COLLECTION & DISPOSAL (340.20) Public hearing for the purpose of considering an increase in the monthly rate for curbside residential refuse collection and disposal. It is proposed that the rate be increased from $12.00 to $12.72 per month to cover increases passed on to the City from the contractor (per contract) and the county landfill sites, and a portion of the City costs for billing, collection, and administration of the service. Robert Franz, Deputy City Administrator, reported on the proposed increase in monthly refuse fee, a refuse fee survey of all Orange County cities, audit of charges, general fund costs for refuse, street infrastructure costs, overhead rates, refuse collection costs and revenues. Page 5 — Council/Agency Minutes — 6/7/93 to ty Council) OPENED PUBLIC HEARING — REVISION TO THE CITY'S COMPREHENSIVE FEE SCHEDULE — CONTINUED OPEN TO JUNE 21 1993 WITH STAFF DIRECTION (340.20) Public hearing for the purpose of considering revisions to certain fees, fines and permits contained or proposed to be contained within the city's Comprehensive Fee Schedule. Robert Franz, Deputy City Administrator, reported on the MSI phased implementation of revenue sources, Phase II Proposed Fees, and summary of the impact these fees would have on an average new residence. Lou Sandoval, Public Works Director, reported on recycling required by the California Integrated Waste Management Act of 1989 which mandates waste diversion from landfills by fifty percent by the year 2000. He informed Council that the state also mandated the development of an Integrated Waste Management Plan, a Source Reduction and Recycling Element (SRRE), a public education program, and a Materials Recovery Facility (MRF). Jim Sankey, Public Works Department Analyst and coordinator of the Rainbow Disposal contract, reported.on the progress of negotiations with the contractor for construction and management of a Materials Recovery Facility, and the residential and commercial recycling service. The City Clerk stated that a communication signed DMT dated June 1, 1993 had been received and distributed to Council prior to the meeting. 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. Jack Bowland, Home Council representative, spoke in favor of the proposed change of the beginning of the city's fiscal year to October 1 due to problems created by late adoption of the state budget.. He also spoke regarding the projected sales tax revenue, number of municipal employees, city revenues, and the budget,shortfall. Margot R. Carlson, Community Service Program representative, spoke in support of the program which works with the Police Department to provide counseling services and gang prevention for toubled teens in the community. She presented a communication to Council. Steven Casey, licensed marriage and family counselor and Community Service Program representative, spoke in favor of the program working with the Police Department to provide counseling services for troubled teens. He reported on the problems of the teens with whom he works and the benefits of the program. Daniel and Lorenza Lopez, Community Service Program clients, spoke in support of continued funding for the program and stated that the program has helped their family in dealing with problems of their teenage son. Heidi Schnell, gang prevention specialist with the Community Service Program translated for Mr. and Mrs. Lopez. Page 6 — Council/Agency Minutes — 6/7/93 Teresa Reynolds, Historical Society President, spoke concerning proposed budget reductions would affect the Newland House Museum and Cultural Services Division. She read from a letter written by Maureen Rivers, Chairperson of the Newland House Board of Trustees, in opposition to Budget Plan B which was distributed to Council prior to the meeting. 0 ",Jim Marshall spoke in opposition to the proposed elimination of portable toilet facilities on Huntington Harbour beaches located on Davenport Drive and. Humboldt Drive. He stated that the beaches are used by children and it would create a sanitation problem if the toilets were eliminated. He presented an informal petition to the City Clerk listing approximately one hundred seven signatures. Councilmember Silva invited Mr. Marshall to attend quarterly meetings of the Huntington Harbour Clean Waterways Committee and stated that the next meeting will be held in August, 1993. Dolores Otting spoke in opposition to the proposed refuse rate increase, proposed new recycling fee, and that the recycling contract was awarded to Rainbow Disposal without a Request for Proposal.and the bid process. She quoted prices from other refuse contractors in surrounding communities. The City Administrator stated that any communication submitted regarding the budget would be reviewed and incorporated in the presentation for the June 14th and June 21st Council meetings. Ed Kerins, Huntington Beach Tomorrow representative, spoke in support of the budget fiscal policies and change in fiscal year to October 1. He spoke in opposition to the six percent increase in refuse fees and administrative costs related to the Rainbow Disposal contract. Madelene Arakelian, Integrated Waste Management and South Coast Refuse representative, spoke in opposition to the city policy of limiting the refuse removal to one contractor. She stated that Rainbow Disposal charged less money for their services in other cities. Ron Shenkman, Rainbow Disposal Marketing Director, thanked Council for the award of the contract for recycling for the city. Bryan Bridges spoke in opposition to General Fund Budget Reductions which will affect Police and Fire staffing and stated that funding for the Arts/Cultural Affairs Division should be cut or eliminated in order to keep public safety at the current level. George Arnold spoke in favor of awarding the contract for refuse disposal to Rainbow Disposal and stated that he felt the company does a good job. There being no one present to speak on the matter and there being no further protests filed, either oral or written, the hearing was continued open to June 21, 1993. Page 7 - Council/Agency Minutes - 6/7/93 A motion was made by Sullivan, seconded by Leipzig, to continue the opened public hearings on the budget and fee increases to June 21, 1993 when final adoption of the budget will be scheduled and direct staff to include the Ambulance System proposal in the budget as an alternative to the reduction of five safety positions in the Fire Department currently included in the recommended 1993/94 General Fund Budget (Plan A). The motion carried by the following roll call vote. AYES: Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (Robitaille - out of room) (City Council) ADMINISTRATIVE PUBLIC HEARING - SEAWALL ART PROGRAM - PROGRAM DISCONTINUED (900.10) The Mayor announced that this was the day and hour set for a public hearing to review of the operation of the Seawall Art Program. The City Clerk presented a communication from the Community Services Director regarding the operation of the Huntington Beach Seawall Art Program. The Community Services Director presented a report on the history of the walls, hours painting is allowed, the permit process, police concerns, proposed income and expenses. Discussion was held by Council and Police Chief Lowenberg regarding a police department report distributed to Council prior to the meeting. Robert Sangster, Deputy City Attorney, reported on the laws involving possession and use of spray paint by minors.. The Mayor Pro Tempore declared the public hearing open. The following people spoke in favor of the Seawall Art Program: Gerald Chapman, Jo Christian -Craig, Marcello Mercado, Madeleine Andor, Jason Olson, Victoria Martinez, Jason Cruz, Max Gramaioio, Gregory Shin, Michael Poulin, Steve Grody, Eric DeSoto, Denise DeSoto, Jeff Gillette, Tustin High School Teacher, Vance Goodman, Chad Henderson, Akil Daniel, Roy Runzel, and Aaron Frankel. Reasons given in support included: it is an innovative art form and creative outlet, tagging and graffiti are not the same, the art form provides opportunity for discipline and instills values. Michael Poulin presented photographs to Council documenting the aerosol art movement. Eric DeSoto distributed a copy of a certificate of achievement award he had received for art to the Council. The following people spoke in opposition to the Seawall Art Program: Taylor Shaw -Bass, Douglas Bader, Jan Shomaker, Dave Karina, Bryan Bridges, Steve Anderson, Philip Gatton, Jeff Spaur. Reasons given for opposition included: an increase in tagging and graffiti, youth unwilling to police themselves, requires too much supervision, potential for violence, pollution from cans and causes blight in the community. 10; Page 8 - Council/Agency Minutes - 6/7/93 Charles Gordio, Huntington Beach Environmental Art Museum Director, spoke in opposition to tagging and graffiti and in support of aerosol art. He proposed an alternative to the Seawall Art Program in the Graffiti Bridge art project as a solution to the problem with graffiti in the community. He stated that Graffiti Bridge is a three thousand square foot studio in the city with volunteer artist, where all mediums of art are offered and artists have the opportunity to exhibit, advertise and market their art. Richard Dabbs and Carole Lung spoke in support of the Graffiti Bridge program as an alternative to the Seawall Art Program. The Mayor declared the administrative hearing closed A motion was made by Leipzig, seconded by Winchell to approve the alternative action as set forth on page four or the RCA dated June 7, 1993 as amended to remove all reference to aerosol or markers and to make the program self supporting. The motion failed by the following roll call vote: AYES: None NOES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig ABSENT: None A motion was made by Leipzig, seconded by Moulton -Patterson, to direct Community Services staff to discontinue the Seawall Mural Program and cancel all art permits; direct the Police Department to enforce the prohibition of painting on the Huntington Beach seawalls and direct the Public Works Department to paint over the existing artwork. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Leipzig NOES: Sullivan ABSENT: None COUNCIL MEETING - MOTION TO PROCEED APPROVED - ITEMS CONTINUED Mayor Winchell stated that since the hour was 10:50 p.m. Council policy requires a vote to continue past the 11:00 p.m. hour set by Council policy. A motion was made by Leipzig, seconded by Sullivan, to proceed with the Council meeting and to continue the following items to June 14, 1993 and June 21, 1993 as specified and listed below. The motion carried by the following roll call vote. AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None Items Continued to June 14. 1993 (City Council) CONTINUED OPEN TO JUNE 14. 1993 - PUBLIC HEARING - RECONSIDERATION OF RESOLUTION NO. 6413 - (TO ESTABLISH A FEE SCHEDULE TO ADMINISTER THE MITIGATION MONITORING AND REPORTING PROGRAM)(NEGATIVE DECLARATIONS & ENVIRONMENTAL IMPACT REPORTS) (340.20) 1 11'3 Page 9 - Council/Agency Minutes - 6/7/93 REPROGRAMMING OF 1993/94 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR TRAFFIC SIGNAL AT YORKTOWN & DELAWARE (340.70) (City Council/Redevelopment Agency) CONTINUED OPEN TO JUNE 14. 1993 - PUBLIC HEARING - ANNUAL REVIEW OF THE WATERFRONT DEVELOPMENT AGREEMENT (600.30) City Council) CONTINUED OPEN TO JUNE 14. 1993 - PUBLIC HEARING - CODE AMENDMENT 92-6 - PETITIONS - (ARTICLE 986 OF HUNTINGTON BEACH ORDINANCE CODE) - INTRODUCTION OF ORDINANCE NO. 3197 (640.10) (City Council) CONTINUED OPEN TO JUNE 14. 1993 - PUBLIC HEARING - CODE AMENDMENT NO. 92-4 - FLOODPLAIN SUFFIX- AMENDS ARTICLE 940 OF HUNTINGTON BEACH ORDINANCE CODE - INTRODUCTION OF ORDINANCE NO. 3196 (640.10) Items Continued to June 21. 1993 SPECIAL MEETING OF THE HUNTINGTON BEACH PARKING AUTHORITY/CITY COUNCIL - CONTINUED TO JUNE 21. 1993 (City Council/Parking Authority) MINUTES - CONTINUED TO JUNE 21. 1993 (City Council/Parking Authority) MAXWELL'S RESTAURANT - PIER PLAZA - SURFING MUSEUM OPTIONS - CONTINUED TO JUNE 21. 1993 (240.40) (City Council/Parking Authority) SOUTH BEACH COASTAL DEVELOPMENT PERMIT AND REST ROOM PLAN PREPARATION - CONTINUED TO JUNE 21. 1993 (600.10) Items Continued to June 14. 1993 (City Council) PARKING REQUEST FOR ALICE'S BREAKFAST IN THE PARK (ALICE GUSTAFSON) - CONTINUED TO JUNE 14. 1993 (600.10) (City Council) SALE OF SURPLUS PROPERTY & ACQUISITION OF A WATER WELL SITE BY EXCHANGE - RESOLUTION NO. 6488 - CONTINUED TO JUNE 14. 1993 (650.70) (City Council) ADMINISTRATIVE REGULATION NO. 102 - COUNCIL REOUESTS - DIRECTIONS - CONTINUED TO JUNE 14. 1993 (100.10) (City Council) REQUESTS FOR FEE WAIVERS FOR SPECIAL/SPECIFIC EVENTS - CONTINUED TO JUNE 14. 1993 (340.20) TO JUNE 14. 1993 (600.10) (City Council) AMENDMENT TO JOINT POWERS AGREEMENT OF THE WEST ORANGE COUNTY WATER BOARD - CONTINUED TO JUNE 14. 1993 (600.40) (City Council) 1993/94 TENTATIVE BUDGET - WEST ORANGE COUNTY WATER BOARD - CONTINUED TO JUNE 14, 1993 (320.80) Review of Procedures for the Conduct of Council Committee Meetings - Continued to June 14. 1993 (With three or more Councilmembers present - the meetings are open and accessible to the public.) Page 10 - Council/Agency Minutes - 6/7/93 The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Leipzig) parking request for Alice's Breakfast in the Park; (Bauer) sale of surplus property and acquisition of a water well site by exchange, Administrative Regulation No. 102 - Council Requests/Direction. These items were continued to June 14, 1993. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Sullivan, second Leipzig, 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) COMMUNITY SERVICES COMMISSION APPOINTMENT - WENDY WEBER - APPROVED (110.20) - Approved Golden West College's recommendation to appoint Wendy Weber to the Community Services Commission to represent the Coast Community College District with a'term of July 1, 1993 to June 30, 1996. (City Council) REJECT BIDS - RENOVATION OF PRINCE PARK - TRINIDAD ISLAND - VENTURE DR/TYPHOON LN - CC-881 - APPROVED (600.65) - Rejected all bids for the renovation of Prince Park and forego construction of these improvements at this time. (The project cost of $59,404.55 far exceeds the architects estimate of $32,702 and legal ramifications preclude reducing scope of work). (City Council) ALLIED ARTS BOARD APPOINTMENTS - ELIZABETH GOLDNER - NEIL REYNOLDS - APPROVED (110.20) - Approved appointments of Elizabeth Goldner and Neil Reynolds to the Allied Arts Board with terms to expire June 30, 1997. (City Council) AMENDMENT NO. 4 TO ARCHITECT AGREEMENT FOR PIER LIFEGUARD TOWER AND PUBLIC REST ROOMS - RON YEO ARCHITECTS INC - APPROVED (600.10) - Approved and authorized execution of Amendment No. 4 to agreement between the City of Huntington Beach and Ron Yeo, FAIA Architect, Incorporated, for Engineering Design Services for the Municipal Pier Plaza and Beach Accessway in the amount of $13,500 in order to add the Pier Lifeguard Tower and public rest rooms for services rendered that are outside the conditions of the present agreement. (City Council) AGREEMENT - COUNTY OF ORANGE - ANIMAL CONTROL AND SHELTER SERVICES - APPROVED (600.10) - Approved and authorized execution of agreement between the city and County of Orange for animal control and shelter services for fiscal year 1993/94. (Estimated budget - $309,585). Page 11 - Council/Agency Minutes - 6/7/93 (City Council) CITY TREASURER'S OFFICE - DESTRUCTION OF RECORDS - RESOLUTION NO. 6484 - ADOPTED (170.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." - (summary sheets 1/88-8/89, Payroll Reconciliations 1986-88, Water Deposit Refund Checks 1984-87). (Redevelopment Agency) LEASE AGREEMENT - NORMAN HARBOLDT - 438 MAIN STREET - DBA A -CREATIVE PROPERTY MANAGEMENT - APPROVED (600.30) - Approved and authorized execution of agreement between the Redevelopment Agency of the City of Huntington Beach and Norman and Sharon Harboldt, Jr., dba A -Creative Property Management for the premises at 438 Main Street. The term of the agreement is three years with possible successive three year terms by mutual agreement. A -Creative Property Management, at no cost to the agency, will refurbish this building and return it to an income producing property for the Agency until.such time as it may be needed for a Redevelopment Project. (City Council) FINAL TRACT MAP NO. 14318 - S/S LOMA AVENUE APPROX. 500 FT. W/O 14TH STREET - SEACLIFF PARTNERS - SUBDIVISION AGREEMENT (420.60) - Approved Final Tract Map 14318, being all of Tentative Tract No. 14318, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Government Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the south side of Loma Avenue, approximately 500 feet west of 14th Street; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 2.19 gross; Lots: 11 (1 lettered), Developer: Seacliff Partners, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; and further accepted Guarantee and Warranty Bond No. 8689-W, Monument Bond No. 8690, Faithful Performance Bond No. 8689, Labor and Material Bond No. 8689 and approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. (City Council) AGREEMENT - TRAFFIC COUNTING SERVICES_ -__TRAFFIC COUNTS. INC. - APPROVE (600.10) - Approved and authorized execution of Consulting Services Contract between the City of Huntington Beach and Traffic Counts, Incorporated, in an amount not to exceed $33,500 to provide Traffic Counting Services needed to validate the City Traffic Model and to provide data necessary to modify and improve traffic flow along streets and reduce congestion at intersections city-wide. Page 12 - Council/Agency Minutes - 6/7/93 (City Council) 1992-93 ANNUAL REPORT - HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT AND RESOLUTION OF INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE 1993/94 FISCAL YEAR - RESOLUTION NO. 6485 - SETS PUBLIC HEARING FOR JULY 6. 1993 - ADOPTED (460.30) - Approved the Huntington Beach Auto Dealers Business Improvement District Annual Report for 1992-93 and adopted Resolution No. 6485 - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 1993-94 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH AUTO DEALER'S BUSINESS IMPROVEMENT DISTRICT." (City Council) NOTICE OF COMPLETION - PAVEMENT REPAIRS & ASPHALT OVERLAY ON WARNER AVENUE BETWEEN GOTHARD STREET AND BEACH BOULEVARD - ALL AMERICAN ASPHALT - CC-833 - APPROVED (600.50) - Accepted work completed by All American Asphalt for the construction of street improvements along Warner Avenue between Gothard Street and Beach Boulevard at a final project cost of $215,500, authorized expenditures of an additional $12,500 from the project account to cover overruns and authorized the City Clerk to file a Notice of Completion. -U:ity Council) COUNTY OF ORANGE - ALLOCATION OF FUNDS - GOLDEN WEST STREET WIDENING FROM ELLIS AVENUE TO SLATER AVENUE - RESOLUTION NO. 6486 - ADOPTED (800.40) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO ALLOCATE ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP) FUNDS FOR GOLDENWEST STREET BETWEEN ELLIS AVENUE AND SLATER AVENUE." (requests allocation of $532,139.04 - 90% of the total eligible construction items of $591,265) from county to city. (City Zouncil) APPROPRIATION OF FUNDS TO PAY J. H. ACKERMAN. ATTORNEY - LEGAL EXPENSES IN CONJUNCTION WITH AMERICAN TRADER OIL SPILL - APPROVED (320.45) - Appropriated $44,000 to pay most recent quarterly billings as provided by contract amendment approved by the City Council on February 1, 1993. (City-Counc-il) ELECTRICAL SERVICES FOR OCEAN PACIFIC SURFING CONTEST - APPROVED (320.45) - Approved an amendment to the current year budget by appropriating $8,000 to Account No. E-AA-CS-342-3-90-00 for electrical service for the Ocean Pacific Contest to be held June 28 through July 3, 1993. ($12,000 has been received from Ocean Pacific for the 1993 Contest and $8,000 of this is needed for electrical services.) (City Council) OFFICE OF CRIMINAL JUSTICE PLANNING GRANT PROPOSAL (MULTI -JURISDICTIONAL CAREER CRIMINAL APPREHENSION PROGRAM) - IRVINE/COSTA MMESA/NEWPORT BEACH/FOUNTAIN VALLEY/SEAL BEACH/WESTMINSTER/COUNTY OF ORANGE SHERIFF'S DEPARTMENT - RESOLUTION NO. 6489- ADOPTED (340.80). - Adopted Resolution No. 6489 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO CONTINUE PARTICIPATION IN THE CAREER CRIMINAL APPREHENSION PROGRAM." and appropriated $18,439.38 from unappropriated fund balance of the Narcotic Awarded Forfeiture Fund (Account No. RSN 6-33-00) as well as the OCJP grant funds. (The total Huntington Beach commitment over two and one-half years of $55,099.83 will be funded using the Narcotic Awarded Forfeiture Fund.) Page 13 - Council/Agency Minutes - 6/7/93 (City Council) TAKE FROM THE TABLE THE COULTRUP PLANNING ENTITLEMENTS.AND DISPOSITION AND DEVELOPMENT AGREEMENT (MAIN PIER PHASE II) (TABLED ON DECEMBER 21. 1992) - APPROVED - PUBLIC HEARING SCHEDULED FOR JULY 6. 1993 (420.40) The City Clerk presented a communication from Director of Community Development and Economic Development Director transmitting a request to take from the table the appeal of Conditional Use Permit No. 92-17 w/special permits, Conditional Exception No. 92-28, Tentative Tract Map No. 14666 and Coastal Development Permit No. 92-14 and the Coultrup Disposition and Development Agreement (DDA) - Main Pier Phase II. The City Council tabled this item on December 21, 1992. A motion was made by Robitaille, seconded by Sullivan, to take from the table and direct staff to schedule a July 6, 1993 public hearing for the appeal of Conditional Use Permit No. 92-17, Conditional Exception No. 92-18 with special permits, Tentative Tract Map No. 14666, Coastal Development Permit No. 92-14 and the Coultrup DDA. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None 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, June 14, 1993, at 5:30 P.M. in Council Chamber, Civic Center, Huntington Beach, California. I�W� - O'Z'6�- Clerk of the Redevelopmepff Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST City Clerk/Clerk airman