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HomeMy WebLinkAbout1993-06-14MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, June 14, 1993 Mayor Winchell called the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. PRESENT: Bauer, Winchell, Silva, Sullivan, ABSENT: Robitaille, Moulton -Patterson, Leipzig CLOSED SESSION 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 which has been initiated formally and to which the city is a party - McCarty -Devlin v. city - OC Superior Court Case No. 67 52 sl. (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. (120.80) The Mayor called a recess of Council at 5:40 p.m.. The meeting was reconvened at 6:55 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Winchell. ' i � � �iSi 1. � � � � � Y�1' ► The Mayor announced that this was the day and hour set for an opened public hearing continued from June 7, 1993 to consider the following: APPLICATION NUMBER: Reconsideration of Resolution No. 6413 17a Page 2 - Council/Agency Minutes - 6114/93 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: City-wide REQUEST: Reconsideration of the City Fee Schedule for the Mitigation Monitoring and Reporting Program which ensures implementation of required mitigation measures included in mitigated negative declarations and environmental impact reports. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15321, Class 21(a)(2) of the California Environmental Quality Act. COASTAL TAT : Not applicable (unless in coastal zone) (2) The City Clerk presented Resolution No. 6490 for Council approval -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' (SUPPLEMENTAL FEE RESOLUTION NO. 42)" - to provide clarification regarding fee payment for phased projects and time of payment. The Community Development Director presented a staff report including a report on the questions Council had raised which initiated the public hearing. He reported that the Mitigation Monitoring and Reporting Program will not mitigate environmental damage but will fund staff time to do a study which will ensure implementation of required mitigation measures. He stated there will be a ten percent fee for Environmental Impact Report based on costs and a flat fee of two hundred dollars ($200) for Negative Declarations. 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 maintain the use of flat fees at this time as adopted in Resolution No. 6413 - November, 1992, adopted Resolution No. 6490, directed staff to explore alternative rates and return in one-year with a new analysis based on experience with operating the mitigation monitoring program and to present a progress report to Council in six months. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Silva, Sullivan, NOES: None ABSENT: Robitaille, Moulton -Patterson, Leipzig City Council)PUBLIC-HEARING - REPRKRAMMING OF i 93/ 4 QQMWNITY DEVELOPMENT BLOCK GRANT (CMIGLUNDS FOR TRAFFIC -SIGNAL AT-YORKTOWN AYE & DARE ST - APPROVED (340.70) The Mayor announced that this was the day and hour set for an opened public hearing continued from June 7, 1993 to consider reprogramming of Community Development Block Grant funds for a traffic signal at Yorktown Avenue and Delaware Street. ISO Page 3 - Council/Agency Minutes - 6/14/93 (3) Stephen Kohler, Economic Development Project Manager, presented a staff report regarding the reprogramming of $120,000 in 1993/94 Community Development Block Grant Funds from the contingency account for the construction of a traffic signal at Yorktown Avenue and Delaware Street as directed by Council on June 7, 1993. He stated that since the Citizen's Advisory Board was not scheduled to meet in time to accommodate deadlines for this meeting, an informal telephone poll had been conducted and a majority of the board would support the use of CDBG funds for this traffic signal. 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. In response to a question by Councilmember Sullivan, Jim Otterson, Traffic Engineer, reported that a review of the Traffic Signal Installation Priority List would be scheduled for July 19, 1993 and if there is a problem with the use of CDBG funds, this traffic signal would be included on the priority list. A motion was made by Silva, seconded by Bauer, to approve Community Development Block Grant Funds to install a new traffic signal located at the intersection of Yorktown Avenue and Delaware Street in the amount of approximately $120,000. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Silva, Sullivan, NOES: None ABSENT: Robitaille, Moulton -Patterson, Leipzig City Council/Redgyglg9mentAgency) LI HEARING - ANNUAL WATERFRONT OEVELOPMENT AGREEMENT - AP (600.30) The Mayor announced that this was the day and hour set for an opened public hearing continued from June 7, 1993 to consider the following: APPLICATION. NUMBER: Waterfront Development Agreement - Annual Review APPLICANT: Robert Mayer Corporation/City of Huntington Beach LOCATION: Northside of Pacific Coast Highway between Huntington Street and Beach Boulevard. REQUEST: Annual review of developer's compliance with the Waterfront Development Agreement pursuant to Section 2 of the agreement. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 1501, Class 1 of the California Environmental Quality Act. MAUL STATUS: Not applicable Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. 18.1 Page 4 - Council/Agency Minutes - 6114/93 (4) The Community Development Director presented a staff report on the annual review of the Waterfront Development Agreement to monitor compliance with the terms and conditions of the agreement. He stated that the annual report had been reviewed by the Planning Commission and found in substantial compliance with the conditions imposed. He stated that the developer is working with the Economic Development Department to develop an affordable housing plan that will comply with the Housing Element. Discussion was held by Council and staff regarding several aspects of the proposed development including the foreclosure, rent, affordable housing and other hotels planned for the area. 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 Sullivan, seconded by Silva, to approve the Annual Review of the Waterfront Development Agreement and deem the Developer, Robert L. Mayer, in substantial compliance with the terms and conditions of the agreement. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Silva, Sullivan, NOES: None ABSENT: Robitaille, Moulton -Patterson, Leipzig City Council) PUBLIC HEARIN - CODE AMENDMENT N - PETITI (ARTICLE F HUNTINGTON BEACH ORDINANCE D ORDINANCE 0. 3197- APPROVED INTRODUCTION (640.10) The Mayor announced that this was the day and hour set for an opened public hearing continued from June 7, 1993 to consider the following: APPLICATION NUMBER: Code Amendment No. 92-6 APPLIQNT: City of Huntington Beach, Community Development Department RE E T: To amend Article 986, Petitions, by deleting references to specific portions of the Ordinance Code previously repealed and by revising other out-of-date provisions. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15321, Class 20 of the California Environmental Quality Act as expanded by City Council Resolution 4501. ASTAL STATUS: Not applicable Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. The City Clerk presented Ordinance No. 3197 for Council introduction - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 986 OF THE HUNTINGTON BEACH ORDINANCE CODE RELATING TO APPLICATIONS." The Community Development Director presented a staff report. 18 �I U Page 5 - Council/Agency Minutes - 6/14/93 (5) 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 Bauer, seconded by Silva, to approve introduction of Ordinance No. 3197 and to approve Code Amendment No. 92-6 with findings for approval as follows: Findings fr Aggroval Code Amendment No. 92-6 - 1. Code Amendment No. 92-6 removes inconsistencies and out-of-date provisions from Article 986 of the Huntington Beach Ordinance Code. 2. Code Amendment No. 92-6 improves the administration of the Huntington Beach Ordinance Code. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Silva, Sullivan, NOES: None ABSENT: Robitaille, Moulton -Patterson, Leipzig The Mayor announced that this was the day and hour set for an opened public hearing continued from June 7, 1993 to consider the following: APPLICATION NUMBER: Code Amendment No. 92-4 APPLICANT: City of Huntington Beach, Community Development Department RE E T: To amend Section 9400.4 of Article 940, Floodplain Suffix, of the Huntington Beach Ordinance Code, thereby adopting the current effective Flood Insurance Rate Map date February 5, 1992. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15320, Class 20 of the California Environmental Quality Act as expanded by City Council Resolution 4501. COASTAL STATUS: Not applicable Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. The City Clerk presented Ordinance No. 3198 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9400.4 OF THE HUNTINGTON BEACH ORDINANCE CODE." The Community Development Director presented a staff report. The Mayor declared the public hearing open. 183 Page 6 - Council/Agency Minutes - 6/14/93 (6) 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 approve introduction of Ordinance No. 3198 and to approve Code Amendment No. 92-4 with findings as follows: Findings f r AgprQyal- Code Amendment Ng. 92-6 1. Code Amendment No. 92-4 complies with the National Flood Insurance Program requirement of adopting the current flood insurance rate map effective for Huntington Beach. 2. Code Amendment No. 92-4 will ensure the availability of flood insurance for properties located within special flood hazard areas of Huntington Beach. 3. Code Amendment No. 92-4 is compatible with federal regulations. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Silva, Sullivan NOES: None ABSENT: Robitaille, Moulton -Patterson, Leipzig (City G2uncil) PARKING REQUEST FOR ALICE'S BREAKFAST IN THE PARK.(AL.ICE GUSTAFSON) - APPROVED - STAFF TO PREPARE REPORT RE: METERED PARKING (600.10) The City Clerk presented a communication from the Community Services Director transmitting a request from the concessionaire at Breakfast in the Park Restaurant to designate twenty parking spaces adjacent to the restaurant in Huntington Central Park for restaurant patrons parking during specified times. In response to Councilmember Sullivan's Question, Jim Engle, Park Development and Recreation Division Superintendent, reported that the request had been reviewed by the Community Services Commission and was approved unanimously on Wednesday, June 9, 1993. A motion was made by Sauer, seconded by Sullivan to approve and allow the city's concessionaire for Alice's Breakfast in the Park to post signage designating twenty parking spaces next to the restaurant in Huntington Central Park for the use of patrons of Alice's Breakfast in the Park on Saturdays, Sundays and holidays between the hours of 7:00 a.m.. and noon and directed staff to present to the Community Services Commission a proposal for metered parking at the site when metered parking is instituted for the beach restaurants. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Silva, Sullivan, NOES: None ABSENT: Robitaille, Moulton -Patterson, Leipzig 1 "1411F Page 7 -- Council/Agency Minutes - 6/14/93 (7) Council) Y EXCHANGE - RESOLUTION NO, „6488 - ADOPTED (650.70) The City Clerk presented a communication from Robert Franz, Deputy City Administrator transmitting Resolution No. 6488 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN PROPERTY LOCATED IN THE VICINITY OF WARNER AVENUE AND OAK LANE TO BE SURPLUS AND DIRECTING THAT IT BE SOLD". A motion was made by Bauer, seconded by Sullivan to adopt Resolution No. 6488 and to authorize execution of the proper documents by the Mayor and City Clerk. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Silva, Sullivan, NOES: None ABSENT: Robitaille, Moulton -Patterson, Leipzig i tY Coundt A—DMIXISTRATIVE REGULATION IL REMESTS MD DIRECTIONS - APP,WVED (100.10) The City Clerk presented a communication from Ray Silver, Assistant City Administrator transmitting an amendment to Administrative Regulation No. 102. The City Administrator reported that this is a system to direct staff time when working on projects requested by Councilmembers. He stated that the guide of four hours will be used and any project that would require more than four hours would be reviewed by the department head and brought to the attention of the City Administrator. After discussion by Council, a motion was made by Sullivan, seconded by Silva to approve amended Administrative Regulation No. 102 as attached to the Request for Council Action dated May 17, 1993 which would establish a system to ensure that department heads are aware of their responsibility and the procedures as it relates to direction from City Council members either at the City Council meeting or by direct assignment and ensure that City Council members are aware of follow-up action taken as a result of their direction. The motion carried by the following roll call vote: AYES: Bauer, Wincheil, Silva, Sullivan, NOES: None ABSENT: Robitaille, Moulton -Patterson, Leipzig Council) E FOR FEE A/F EVENTS - FAILED (340.20) The City Clerk presented a communication from the Community Services Director regarding requests for waiver of fees for special and specific events. Jim Engle, Park Development and Recreation Division Superintendent, reported that the Community Services Department receives numerous requests from non-profit groups for waiver of fees for events conducted on city property. He stated that due to downsizing of the budget, city departments have no funds in their budgets to cover the overtime required for big events that do not generate sufficient revenue to cover the costs. He stated that staff has proposed no waiver of fees once the permit has been approved by the Specific Events Committee. 18- Page 8 - Council/Agency Minutes - 6114/93 (8) Jghn Bushman, March of Dimes representative. spoke regarding a special request for waiver of fees for the BK Run on Main Street for the Fourth of July. He stated that the fees have almost doubled over last year and will affect the fund raising ability of the event. Police Chief Lowenberg. spoke regarding the increase in fees due to an increase in the number of races planned, increased number of participants, more locations the police would be required to secure and that the event is scheduled for Sunday which would require more overtime officers. He stated that Lieutenant Cope had been working with Mr. Bushman on downscaling of the event in order to reach a satisfactory compromise. Discussion was held by Council and staff regarding compromise of the fees for the March of Dimes event, upholding Special Events Committee decision, how it affects city sponsored events and how it affects city employee sponsored events. Motion to exempt city emolovee arouos - Fail A motion was made by Silva, seconded by Sullivan, to direct staff to implement the Management Services Institute (MSI) fee structure for all special/specific events and not to waive any fees with the exception of city employee groups. The motion failed by the following vote: AYES: Bauer, Silva NOES. Winchell. Sullivan ABSENT: Robitaille, Moulton -Patterson, Leipzig Motion to not waive ftgl-= Failed A motion was made by Winchell, seconded by Sullivan, to direct staff to implement the Management Services Institute (MSI) fee structure for all special/specific events and not to waive any fees. The motion failed by the following vote: AYES: Winchell, Sullivan NOES: Bauer, Silva ABSENT: Robitaille. Moulton -Patterson. Leipzig The City Administrator stated that the item regarding requests for waiver of fees for special events would be scheduled for a meeting in the future when there will be a full Council in attendance. (CitY Cgundl) AMENDMENT (8) TO JOINT POWERS AGREEMENT OF THE WEST ORANGE COUNTY WATER BOARD - APP (600.40) The City Clerk presented a communication from the Secretary of the West Orange County Water Board (WOCWB) transmitting Amendment (A) to the Joint Powers Agreement of the West Orange County Water Board and an alternative Amendment (B). Jeff Renna, Water Operations Manager, reported that the amendment would allow WOCWB members to receive an increase in compensation for attending board meetings. i Page 9 — Council/Agency Minutes — 6/14/93 (9) Ray Woodside, WOCWB Manager/Engineer, reported that the amendment had been prepared at the direction of the WOCWB members as a result of an increase in compensation which was included in the 1992/93 WOCWB budget. The Joint Powers Agreement contained a dollar amount of fifty dollars ($50) as the maximum compensation that the Board could be paid. He stated that in order to pay the increase to the directors, an amendment to the agreement would need to be approved all of the four cities involved in the Joint Powers Agreement. Discussion was held between Council and staff regarding the compensation for the directors and differences between alternate amendments (A) and (B). A motion was made by Bauer, seconded by Silva, to approve and authorize execution of Revised Amendment (B) to the West Orange County Water Board Joint Powers Agreement which sets compensation for the Board members by resolution which must be ratified by the City Council of each city/entity. The compensation for the secretary and assistant secretary will remain set by the Board members as is currently done. AYES: Bauer, Winchell, Sullivan NOES: Silva ABSENT: Robitailie, Moulton —Patterson, Leipzig Motion to Authorize Increase-_ for Directors — Failed ,fgr Lack of Second A motion was made by Silva to authorize payment of the increase in compensation (from $50 to $75) for Board members which was approved as part of the 1992/93 WOCWB Budget. The motion failed due to lack of a second. Motion for Directors Compensation to remain the same - Approved A motion was made by Bauer, seconded by Sullivan, to direct that the compensation for Board members remain at fifty dollars ($50) per meeting. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Sullivan NOES: Silva ABSENT: Robitaille, Moulton —Patterson, Leipzig -CQJy Council)4 TENTATIV ET — NEST ORAKGE COUNly WATER BDARQ -- CONTINUED TO JUNE 21, 1993 (320.80) The City Cleric presented a communication from the Secretary of the West Orange County Water Board transmitting the 1993/94 Tentative Budget of the West Orange County Water Board. Ray Woodside, WOCWB Manager/Engineer, gave a report on the pipeline which services the four cities of Huntington Beach, Westminster, Seal Beach and Garden Grove, distribution of the water, maintenance and proposed improvements to the pipelines. Councilmember Bauer questioned the format of the budget, carry over funds, proposed projects and proposed salary increases. 187 Page 10 - Council/Agency Minutes - 6/14/93 (10) A motion was made by Bauer, seconded by Silva, to continue the item relating to the 1993/94 Tentative West Orange County Water Board Budget to June 21, 1993. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Silva, Sullivan NOES: None ABSENT: Robitaille, Moulton -Patterson, Leipzig REVIEW OF PROCEDURES FOR THE CONDUCT OF COUNCIL MMITTEE 14EETINGS Councilmember Silva stated that he believed all Council committee meetings with three or more Councilmembers present, should be open to the public. Mayor Winchell stated that the meetings are open to the public and citizens are invited to attend. STUDY SESSION - T - 4 CITY OLMET PROPOSED CHANGES TO PREPARED BUDGET - STATUS REPORT The City Clerk presented a communication from the City Administrator outlining proposed changes to recommended Budget Plan A. The City Administrator gave a status report on the adoption of the state budget. He stated that the purpose of this meeting is for Council to ask questions and make comments relating to the Budget for fiscal year 1993-94. REPORT RE: AMBULANCE SYSTEM PR The City Clerk presented a communication from the Fire Chief proposing an emergency ambulance system provided by the Fire Department as an alternative to eliminating five safety position as part of the proposed budget. The Fire Chief reported at length on the proposed ambulance system as set forth in his communication dated June 10, 1993. Discussion was held by Council and staff regarding the manner in which the program could be implemented and the economic considerations. Council directed that a report be prepared with collection statistics and the industry averages. RESPONSE TO COUNCIL REQUESTS RE: BUDGET The City Clerk presented a communication from the City Administrator with a summary of budget requests made by Council along with staff response and follow-up material. In response to a question by Mayor Winchell, the City Administrator stated that a revision to the budget is being developed by the Community Services Department to reinstate funding for the portable toilets on Huntington Harbour beaches. Im Page 11 - Council/Agency Minutes - 6/14/93 (11) Councilmember Bauer spoke regarding his memo dated April 30, 1993 summarizing his thoughts about the budget and a list of twenty-four possible ways to reduce expenses. Reque$t for staff—repQrt -_-Haintenance schedule for --city automobiles Councilmember Sullivan requested a staff report on the maintenance schedule for city automobiles and if lengthening the maintenance schedule would save money. Qudget Reduction — City The Mayor stated that there was a budget reduction Council Budget of five percent with Budget Plan A Plan B. She asked councilmembers to be prepared t next meeting. REVISED CITY COUNCIL GOALS AND OBJECTIVES proposed for the City and ten percent with Budget o discuss this issue at the The City Clerk presented a communication from the City Administrator with Revised City Council Goals and Objectives dated June 11, 1993. The Mayor directed that the Goals and Objectives be received with direction that Council review and submit any changes or corrections to her. ADJOURNMENT - QMNCIL/REDEVELOPMENT AGENCY_ Mayor Winchell adjourned the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to Saturday, June 19, 1993, at 8:00 a.m. for Community Outreach Program, Ralph E. Hawes Elementary School, 9682 Yellowstone Drive, Huntington Beach, California. ATTEST: City Clerk/Clerk _ 40 45 -.0. ft- Clerk of the RedevelopWnt Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California h¢ Mayor/Chairman 189