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HomeMy WebLinkAbout1993-07-191 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, July 19, 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, Winchel1, Silva, Sullivan, Leipzig ABSENT: None STUDY SESSION - JOINT MEETING OF THE CITY COUNCIL/PLANNING COMMISSION - REVIEW OF COMMUNITY DEVELOPMENT AND DEVELOPMENT PROCESS OPERATIONAL EVALUATION IMPLEMENTATION SCHEDULE PLANNING COMMISSION ROLL CALL PRESENT: Dettloff, Bourguignon, Richardson, Biddle ABSENT: Inglee, Gorman, Cook Presentations were given by the Assistant City Administrator, Community Development Director, Planning Director, and Hal Simmons, Senior Planner, Advanced Planning, regarding the Arroyo Seco Report recommendations, the computer system, improved public information materials, monitoring of counter plan check workload, time estimates and turn around time for internal processing of plan checks. Discussion was held by the Planning Commissioners, Council and staff regarding the Arroyo Seco Report, improved telephone communication in the Building and Planning divisions, development of a process for handling grading complaints and work related seminars. ADJOURN PLANNING COMMISSION Chairman Richardson adjourned the Planning Commission meeting. 244 Page 2 - Council/Agency Minutes - 7/19/93 (City Council/Redevelopment Agency) DISCUSSION WAS HELD RE: JOINT PUBLIC HEARING - DISPOSITION & DEVELOPMENT AGREEMENT - SASSOUNIAN CAPITAL VENTURES INC. - SEAVIEW VILLAGE - TALBERT/BEACH REDEVELOPMENT PROJECT AREA - COUNCIL RESOLUTION NO. 6506 - AGENCY RESOLUTION NO. 243 (600.30) Discussion was held by Council and staff regarding implementation of the affordable housing requirements of the project, the time period for which the covenants are in effect, equity sharing, lender requirements and if it is possible to defer the affordable housing on this project to a later date. 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 - Paul Lampkin v. City of Huntington Beach - OCSC No. 65-55-91. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54947.6 to meet with its designated representatives regarding labor relations matters - Police and Fire Association - 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 - Jon Burch v. City of Huntington Beach - OCSCC No. 55-07-37. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 6:20 p.m. The meeting was reconvened at 6:55 p.m. 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, July 19, 1993, at 7 p.m. at the Council Chamber, Civic Center, Huntington Beach, California. doe Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST'l- . City Clerk/Clerk Mayor/Chairman ?45 1 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, July 19, 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, Wincheli, Silva, Sullivan, Leipzig ABSENT: None PLEDGE OF ALLEGIANCE The pledge of Allegiance was led by Mayor Wincheli. OATH OF OFFICE -- LINDA MOULTON--PATTER - CALIFORNIA OOASTAL COMMISSIONER The City Clerk administered the Oath of Office to Counciimember Linda Moulton -Patterson who has been reappointed to a two-year term of office on the California Coastal Commission. PUBLIC 0-MMENTS Lois Vackar, Clayton King, George Cross, Patrick Farrell, M.D., Eleanor Dunai, Michael Shuttl„gworth, Wilfred M-eypr, David. r i , Lois Freeman, Susan Petersen, Alex Helmer and Dave Karina spoke r9garding problems in the downtown area which lead to the disturbances over the Fourth of July weekend including absentee landlords, problem with renters, crowd control, vandalism, graffiti, alcohol sales at the parade, scheduling of events, preparations for next year and support for the work done by the Police Department. Loretta Wolfe spoke in opposition to the disturbances in the downtown area on the Fourth of July weekend. She invited Council to attend a meeting of the newly formed Downtown Task Force on August 1, 1993 and she volunteered to serve on a Council committee when formed. 01413 Page 2 - Council/Agency Minutes - 7/19/93 Diane Easterling spoke in opposition to the disturbances in the downtown area on the Fourth of July weekend. She distributed a memo to the City Council and City Clerk with suggestions to address problems in the downtown area. J4nne Nevins spoke in opposition to the disturbances in the downtown area on the Fourth of July weekend. She distributed copies of video tapes to Council and stated the films were made from her front doorstep. The City Administrator stated that a memo was distributed to Council on the costs of Police Department, Community Services, and Public Works personnel, overtime and increased staffing required for the Fourth of July weekend. Joyce Kellis spoke regarding the towing of her car for expired license plate during the Fourth of July weekend and stated that she had a problem with the Department of Motor Vehicles because she had lost the pink slip. The City Administrator directed the Police Chief to check Ms. Kellis' information and see what can be done to resolve the situation. Pam Julien, Larry Wong, Scott Runge, Connie Boardman, Flossie Horgan, Terry Dglt_on, Amigos de Bolsa Chica President, and Bill GregQU, Surfrider Foundation, spoke regarding the Bolsa Chica Wetlands including the Cal -Paw Bond Initiative for funding, support of application for funding from the North American Wetlands Conservation Council and acquisition of the Bolsa Chica area for public open space. Bob Bolen spoke in support of the Coultrup Development Project and stated that the downtown area needed quality projects. Phillip Falcetti, Orange County Health Care Agency representative, Vicki Weber, Linda Naber, Kirk Kirkland and Marilyn Cowan, spoke in support of the proposed smoking ordinance due to the health hazard from second-hand smoke and the elimination of vending machines for tobacco sales which would restrict under age smokers. Carol Elston spoke in opposition to the proposed smoking ordinance and stated that it should be a decision made by the restaurant owner and patrons, not the City Council. Jane_Morris spoke in opposition to the ban on smoking in restaurants and stated it would decrease business in local restaurants. She also stated that there are more cancer causing agents in canned and frozen foods than there is in cigarettes. Harold Campbell spoke in support of the proposed smoking ordinance and presented a list to the City Clerk of restaurants in Orange County that ban smoking. Phil Smith, developer, spoke in support of the proposed Golf Course in Bartlett Park. Nick Tomaino, Donna Schwab, Myron Howard and Jay Kreitz spoke in support of the proposed decrease in the speed limit on Palm Avenue to forty-five (45) miles per hour and proposed stops signs at Ofelia and Cherryhill Lane for the following reasons; poor visibility, curvy road, numerous accidents and for the protection of school children. 247 Page 3 - Council/Agency Minutes - 7119/93 Topper Horack spoke in opposition to the Coultrup Development Project. He stated that the proposed affordable housing was not affordable to many people who work in the city and cannot afford to buy a home here. He distributed a communication to Council. Jean Collins spoke in opposition to cable television programming and fees, the cost of medical care, standby water charges, and graffiti. Jerry Buchanan, HB City School District representative, spoke in support of the proposed speed limit reduction and stop signs on Palm Avenue for public safety stating that this was also a request from the school bus drivers. He also stated that the School District did not have a mitigation agreement with the developer regarding the Coultrup Development Project. Lee Cox, Orange County Ambulance President, Serhantz, Paine and Associates, L. I. Kemp, Ed Kerins, Huntington Beach Tomorrow President, Jim K_arras and Bryan Bridaes spoke in opposition to the proposed Fire Department Ambulance Program for the following reasons: no formal bid process, new employees, increased liability, operating costs and start-up costs not included in budget. Rick Richardson, Care Ambulance Service Vice -President, spoke in opposition to the proposed Fire Department Ambulance Program and stated that the bid process outlined the the city code should be followed. He presented a communication to the City Clerk from the President of the California Ambulance Association. Jeff Bergsma spoke in support of the proposed in -lieu parking fees for downtown businesses at a rate of $4,000 instead of $6,000 per space. He stated that the funds should be put in a fund for building more parking at the time the parking structure is fully utilized. Mark Frank, San Pedro Sign Company representative, spoke in support of reactivating the Sign Committee in order to review the sign ordinance to reduce restrictions on commercial signs especially on Beach Boulevard. He volunteered to work with the committee. Councilmember Silva requested the material to which Mr. Frank referred and asked him to put suggestions and concerns in writing to the Community Development Director. Wing Lam, Wong's Fish Taco Restaurant representative, spoke regarding the in -lieu parking fee for his proposed restaurant location downtown location and requested that the fee be deferred until after the parking structure is fully utilized. Bob Mandic, Downtown Business Owners Association representative, spoke regarding the proposed new parking meters and increased parking meters rates in the downtown area and requested that Council continue the decision until after the Downtown Business Owners Association can meet and discuss this issue. He spoke in support of the in -lieu parking fees and expressed his concern about planning for future parking requirements in the area. George Arnold spoke in support of permitting vendors to operate on public property in the downtown area with a temporary permit. e Page 4 - Council/Agency Minutes - 7/19/93 Suzanne Beukema, Main Street Cafe owner, spoke in support of the proposed in -lieu parking fees. She requested that existing businesses be exempt when remodeling is done that is not related to increased customer seating and stated that the in -lieu parking fees should be transferred from one tenant to another should a business change ownership. She also spoke in support of the proposed smoking ordinance. RECESS - RECONVENE The Mayor called a recess of Council at 9:50 p.m. The meeting was reconvened at 10:00 p.m. (Citv Council/Redevel0 ment Agency) JOINT PUBLIC HEARING - DISPOSITION AND DEVELOPMENT AGREEMENT - SASSOUNIAN CAPITAL VENTURE INC. - SEAVIEW VILLAGE - TALBERT/BEACH REDEVELOPMENT PROJECT AREA - COUNCIL RESOLUTION NO. 6506 - AGENCY -RESOLUTION NO. 243 - APPROVED AS AMENDED ( 600.30) The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering a Disposition and Development Agreement by and among the Redevelopment Agency of the City of Huntington Beach and Sassounian Capital Ventures, Incorporated. The project is located south of Talbert Avenue, west of Joyful Lane and north of Happy Drive in the Talbert -Beach Redevelopment Project Area. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communications or written protests were received on the matter. The City Clerk presented Council Resolution No. 6506 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSENTING TO THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND SASSOUNIAN CAPITAL VENTURES, INC., AND MAKING OTHER FINDINGS." The City Clerk presented Agency Resolution No. 243 for Agency adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND SASSOUNIAN CAPITAL VENTURES, INC., AND MAKING OTHER FINDINGS." Stephen Kohler, Economic Development Project Manager, presented a staff report. He stated that there were two corrections in the staff report on page two of the Request for Council Action, the developer has purchased the land and is responsible to procure release of the Agency from previous owners, Collins -Zweibel regarding 1982 Participation Agreement and on page eight of the Section 33433 Report the length of term should be thirty years instead of twenty. Discussion was held by Council and staff regarding the conditional use permit, entitlements, equity participation, affordable housing requirements and real property the city has acquired for the project. The Mayor declared the public hearing open. 249 Page 5 - Council/Agency Minutes - 7/19/93 Richard Harlow spoke in support of the proposed project. He stated that the developer had reduced the number of units from the original plans for the project at the request of the city. Bijan Sassounian, project developer, spoke in support of the project and addressed questions from Council regarding the affordable units required on the project. There being no one further 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 Leipzig, seconded by Winchell, to approve the following as amended: 1. Approve Notice of Exemption and authorize its filing with the County Clerk, and 2. Adopt Council Resolution No. 6506 and Agency Resolution No. 243 approving the Disposition and Development Agreement between the Redevelopment Agency of the City of Huntington Beach and Sassounian Capital Ventures, Inc. and authorize execution of the Disposition and Development Agreement by the appropriate Agency officials, and 3. Approve and authorize execution of the License Agreement between the Redevelopment Agency of the City of Huntington Beach and Sassounian Capital Ventures, Incorporated to permit the developer to use the Agency owned property as a construction staging area prior to its conveyance, and 4. Appropriate the $25,000 developer deposit to the Redevelopment fund balance in the Talbert -Beach Redevelopment Project Area, and 5. Appropriate $750,000 in Redevelopment Housing Set -Aside funds to implement the affordable housing requirements of the project, and 6. Authorize execution of the Form of Mutual Release, Attachment No. 12 of the Disposition and Development Agreement, and 7. Amend the agreement to establish the affordable units for the life of the project as opposed to thirty years if acceptable to the lender. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None ADJOURNED REGULAR MEETING OF THE H NT NGTON BEACH CIVIC IMPROVEMENT CORPORATION HUNTINGTON BEA H_CIVIC IMPROVEMENT CORPORATION ROLL CALL PRESENT: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig ABSENT: None 250 Page 6 - Council/Agency Minutes - 7/19/93 itv Council/Civic___ Improvement) MINUTES - APPROVED A motion was made by Moulton -Patterson, seconded by Silva, to approve and adopt the minutes of the Huntington Beach Civic Improvement Corporation regular meeting of July 6, 1992 as written and on file in the Office of the Secretary. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, NOES: None ABSENT: None ABSTAIN: Bauer, Sullivan, Leipzig City Council/Civic Improvement) OFFICERS ELECTED - HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION (125.20) A motion was made by Leipzig, seconded by Robitaille, to elect the following officers: Mayor Grace Winchell - President; Mayor Pro Tempore Linda Moulton -Patterson - Vice -President; and City Clerk Connie Brockway - Secretary. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None ADJOURN CIVIC IMPR VEMENT CORPORATION MEETING The Mayor adjourned the adjourned regular meeting of the Civic Improvement Corporation. CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration! (Leipzig) Pacific Coast Highway street light installation - plans and specifications - call for bids; traffic signal at intersection of Yorktown Avenue and Lake Street - Pacific Ranch - plans and specifications - call for bids; license agreement - mobile beach concession between Ninth Street and extension of Seapoint Street; supplemental expenditures for public works projects; approval of grant agreement with the Huntington Beach Conference and Visitors Bureau, Incorporated, for FY 1993/94; (Moulton -Patterson) authorization for City Attorney to send letter of support for City of Hawthorne's petition for review with the California Supreme Court; (Bauer) reappointment of Personnel Commissioners. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Leipzig, second Silva, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None 5 1ABSENT: None 2 1 Page 7 - Council/Agency Minutes - 7/19/93 _(City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted minutes of Council/Agency regular meeting of May 17, 1993 as written and on file in the Office of the City Clerk. (City Council) REVIEW AND APPROVAL OF COMMUNITY DEVELOPMENT AND DEVELOPMENT PROCESS OPERATIONAL EVALUA ION IMPLEMENTATION SCUEDULE - APPROVED (600.10) - Received and accepted the Community Development and Development Process Operational Evaluation Implementation Plan. (City Council TRAFFIC SIGNAL AT THE INTERSECTION OF YORKTOWN AVENUE AND DELA14ARE STREET_- PLANS ANO SPECIFICATIONS/CALL FOR BID_—_CC-880 -- APPROVE (600.55) - Approved plans and specifications for the construction of a new traffic signal at the intersection of Yorktown Avenue and Delaware Street; authorized the Director of Public Works to advertise for bids and approved sample contract subject to award of contract to Council approved lowest responsible bidder. Citv Council/Redevelopment Agency) OWNERSHIP WIRIN TALBERT-BEACH REDEVELOPMENT PROJECT ARE - SARAH LAZAR - RECEIVED AND FILED (410.40) - Accepted disclosure of property ownership by Deputy City Attorney Sarah Lazarus within the Talbert -Beach Redevelopment Project Area. (No action needed, this is solely a disclosure requirement.) (City Council) THIRTIETH STREET ARCHITECTURE AGREEMENT - APPROVED (600.10) - Approved and authorized execution of Amendment No. 3 to Engineering Design Services Agreement between the City of Huntington Beach and Thirtieth Street Architects, Incorporated, for the Huntington Beach Municipal Art Center and authorized and approved transfer of $20,416 from the city's unappropriated Capital Improvement Fund to the Art Center Fund account E-CP-AS-151-6-31-00. (City Council) REAPPOINTMENT OF PERSONNEL COMMISSIONERS - KUNNECKE - NIEL EN - APPROVED - REPORT TO BE PREPARED FOR FUTURE AGENDA REGARDING PERSONNEL COMMISSION TERMS (110.20) The City Clerk presented a communication from the City Administrator regarding reappointment of members to the Personnel Commission. A motion was made by Bauer, seconded by Moulton -Patterson, to approve the reappointments of Benton F. Kunnecke and John C. Nielsen to the Personnel Commission for four year terms to expire June 30, 1997 and directed a staff report be prepared regarding the repeal of the provision allowing Personnel Commission members to serve more than eight years. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None Mayor Winchell requested that the report regarding the repeal of the provision allowing Personnel Commission members to serve more than eight years be prepared for Council and scheduled as an agenda item. 252 Page 8 — Council/Agency Minutes — 7/19/93 (City Council) PACIFIC COAST HIGHWAY STREET LIGHT INSTALLATION — PLANS -AND PE IFICATIONS/CALL FOR BIDS — CC-87 — CONTINUED M SEPTEMBER 7 1 — THIS ITEM APPROVED LATER IN MEETING — SEE PAGE NO. 1 (600.80) The City Clerk presented a communication from the City Administrator regarding Pacific Coast Highway street lighting installation. Councilmember Leipzig requested a staff report regarding a cost comparison of underground lines as opposed to above ground lines. A motion was made by Leipzig, seconded by Silva, to continue the decision regarding the street light installation on Pacific Coast Highway to September 7, 1993. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton —Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None Councilmember Robitaille stated that Ruby's Restaurant had decided not to provide temporary food service at the pier and questioned whether it was possible Mr. All could. The Community Services Director stated that his department would be soliciting proposals. (City Council SUPPLEMENTAL EXPENDIIURES FOR PUBLIC WORKS PROJECTS — APPROVED (320.20) The City Clerk presented a communication from the City Administrator regarding supplemental expenditure budgets for Public Works projects currently under construction to be carried over from fiscal year 1992/93 to fiscal year 93/94. Discussion was held by Council -and staff regarding this agenda item. Following discussion by Council and staff, a motion was made by Leipzig, seconded by Silva, to re —appropriate funds for supplemental expenditures for certain Public Works Projects carried over from fiscal year 1992/93 to fiscal year 1993/94. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton —Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) TRAFFIC SIGNAL AT INTERSECTION OF Y RKTOWN AVENUE AND LAKE STREET AND PACIFIC RANCH — PLANS AND SPECIFICATIONS — APPROVED — CALL FOR BIDS — AUTHORIZED — CC-878 (600.55) The City Clerk presented a communication from the City Administrator regarding the installation of a traffic signal at the intersection of Yorktown Avenue and Lake Street. 253 Page 9 - Council/Agency Minutes - 7/19/93 In response to Mayor WinchelI's question, Jim Otterson, Traffic Engineer, reported that there is not sufficient funding for three traffic signals this year but that the funding would provide for two new traffic signals, partial funding of the Yorktown/Lake traffic signal and modification to two existing traffic signals. Following considerable discussion by Council and staff, a motion was made by Leipzig, seconded by Moulton -Patterson to approve plans and specifications for construction of a new traffic signal at the intersection of Yorktown Avenue and Lake Street/Pacific Ranch, authorize the Public Works Director to advertise for bids and approve sample contract subject to award of contract to Council approved lowest responsible bidder. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan NOES: Leipzig ABSENT: None (City Council) LICENSE AGREEMENT — MOBILE BEACH CONCESSION BETWEEN NINTH STREET AND EXTENSION OF SEAEQINT STREET — MI HAEL ALI DBA TACK'S TOO APPROVED (600.35) The City Clerk presented a communication from the City Administrator regarding the proposed mobile beach concession between Nineth Street and the extension of Seapoint Street. Following discussion by Council and staff, a motion was made by Robitaille, seconded by Leipzig, to accept Michael Ali as the city's choice of concessionaire and approve and authorize execution of a License Agreement between the City of Huntington Beach and Michael Ali dba Zack's Too Concessions to supply food, drink and sundries for the beach and bluff top users between Ninth Street and the end of the extension of Seapoint Street for a period of one year. ($800 per month or 15% of gross whichever is greater). The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan NOES: Leipzig ABSENT: None Councilmember Robitaille stated that Ruby's Restaurant had decided not to provide temporary food service at the pier and questioned whether it was possible Mr. Ali could. The Community Services Director stated that his department would be soliciting proposals. (City Council GRANT AGREEMENT WITH THE HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU, INC,,EOR FY 1993/94 - APPROVED (600.10) The City Clerk presented a communication from the City Administrator regarding a grant agreement with the Huntington Beach Conference and Visitors Bureau, Incorporated. Councilmember Sullivan commented on the success of the Huntington Beach Conference and Visitors Bureau. 254 Page 10 - Council/Agency Minutes - 7/19/93 A motion was made by Leipzig, seconded by Silva, to approve and authorize execution of grant agreement between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau for Public Relations Services and release funds of $43,125. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan NOES: Leipzig ABSENT: None (City Council) CITY ATTORNEY AUTHORIZED TO SEND LETTER OF SUPPORT FOR CITYOF HAWTHORNE-S PETITION FOR REVIEW WITH CALIFORNIA SUPREME COURT (630.50) The City Clerk presented a communication from the City Attorney regarding a proposed letter of support for the City of Hawthorne's Petition for Review with the California Supreme Court regarding eminent domain action. Councilmember Moulton -Patterson requested the City Attorney to report on this agenda item. The City Attorney presented a staff report. A motion was made by Sullivan, seconded by Leipzig, to authorize the City Attorney to send a letter supporting the City of Hawthorne's Petition for Review with the California Supreme Court regarding eminent domain action filed by Shell California Pipeline Company seeking to condemn a pipeline right-of-way in a public street in the City of Hawthorne. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) PACIFIC COAST HIGHWAY STREET LIGHT INSTALLATION - PLANS AND SPECIFICATIONS/CALL FOR BIDS ,-CC--876 - APPROVED (600.80) This item was resubmitted to Council. (See page No. 7.) The City Administrator stated that the proposed Pacific Coast Highway Street light installation was underground and not above ground. A motion was made by Leipzig, seconded by Robitaille, to approve plans and specifications for construction of Pacific Coast Highway Street lighting installation from Nineth Street to Goldenwest Street, to authorize the Director of Public Works to solicit bids, and to approve sample contract subject to award of contract to Council approved lowest responsible bidder. The motion carried by the following roll tali vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None 255 Page 11 — Council/Agency Minutes — 7119/93 COUNCIL MEETING — MOTION TO ADJOURN — FAILED A motion was made by Silva, seconded by Robitaille, to adjourn the meeting since the hour was after 11:00 p.m. The motion failed by the following roll call vote. AYES: Robitaille, Silva NOES: Bauer, Moulton —Patterson, Winchell, Sullivan, Leipzig ABSENT: None COUNCIL MEETING - MOTION TO PROCEED APPROVED Mayor Winchell stated that as the hour was after 11:00 p.m. there should be a vote to continue past the hour set by Council policy. A motion was made by Leipzig, seconded by Moulton —Patterson, to continue the meeting past the 11:00 p.m. hour to complete the agenda excluding the following items: (City Count_) SUPPLEMENTAL FEE RESOLUTION NO. 6507 — PARKING METER RATES — ADDITIONAL PARKING METERS AND OFF STREET PARKING LOTS — CONTINUED TO AUGUST 2. 1993 (340.20)-- _ (City Council/Red v 1 m n A nc IN —LIEU PARKING FEE FOR DOWNTOWN BUSINESSES— DOWNTOWN SPECIFIC PLAN AREA — CONT NI�iED_TO AUGUST 2. 1993 (340.20) — (City Council) 1993/94_CITY COUNCIL GMLS AND OBJECTIVES — CONTINUED TO AUGUST 2. 1993 (120.30) (City Council) ORDINANCE NO. 3201- REGULATION OF TATTOOING ESTABLISHMENTS AND OPERATIONS — CONTINUED TO AUGUST 2. 1993 (640.10) (City__ Council) ORDINANCE NO. 3203_— DEVELOPMENT PROJECT COVENANTS OFF_EASEMENT — CONTINUED TO AUGUST 2_, 1993 (640.10) The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton —Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) BARTLETT GOLF COURSE AND PARK -- EXCLUSIVE RIGHT TO NEGOTIATE WITH CITY FOR PERIOD OF ONE YEAR — SUPER SPORT INC. — APPROVE (600.10) The City Clerk presented a communication from the Community Services Director regarding design, construction and operation of a golf course and neighborhood park between Adams and Yorktown Avenues, east of Beach Boulevard behind the Newland Shopping Center, known as Bartlett Park. The Community Services Director presented a staff report. 256 Page 12 — Council/Agency Minutes — 7/19/93 Discussion was held by Council and staff regarding public hearings to be held, Measure C vote, and project benefits. A motion was made by Bauer, seconded by Silva, to direct staff to negotiate with Super Sport, Incorporated, to design, build, and operate a three par, nine hole golf course with driving range and a four acre neighborhood park at Bartlett Park. Super Sport, Incorporated, will have the exclusive right to negotiate an agreement with the city for a period of one year from the date of Council approval. Either party may terminate negotiations with thirty days written notice. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton —Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council/Redevelopment Agency) POLICY RE: VENDING ON PUBLIC PROPERTY_- DOWNTOWN AREA — DISAPPROVED (100.10) The City Clerk presented a communication from the Community Services Director regarding permitting vendors to operate on vacant public property in the downtown on a temporary basis. The Community Services Director presented a staff report. A motion was made by Sullivan, seconded by Robitaille, not to permit vendors to utilize vacant public property in the downtown on a temporary basis for selling of merchandise or to operate in a public parking lot. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton —Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) REPORT ON ADDITIONAL TRAFFIC CONTROL DEVICES ON PALM AVENUE — GOLDENWEST STREET TO SEAPOINT AVENUE — EMERGENCY ORDINANCE NO. 3204 — SPEED REDUCTION — ADOPTED — STOP SIGNS AND VISIBILITY -IMPROVEMENTS DIRECTED — STATUS REPORT REQUESTED N VEMBER 15 1993 (580.50) The City Clerk presented a communication from the Director of Public Works and Police Chief regarding additional traffic control devices to be used on Palm Avenue to improve safety and reduce the incidence of speeding between Goldenwest Street and Seapoint Avenue and Ordinance No. 3204 for Council adoption — "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING NEW PRIMA FACIE SPEED LIMITS FOR PALM AVENUE BETWEEN GOLDENWEST STREET AND SEAPOINT AVENUE." (reduces speed limit on Palm.Avenue from 50 miles per hour to 45 miles per hour between Goldenwest Street and Cherryhill Lane, and from 50 miles per hour to 45 miles per hour between Cherryhill Lane and Seapoint Avenue) Jim Otterson, Traffic Engineer, presented a staff report. The Mayor announced a correction to the agenda regarding the proposed speed limits. 257 Page 13 - Council/Agency Minutes - 7/19/93 Discussion was held by Council and staff regarding visibility, stop signs, and the safety of school children. Councilmember Leipzig spoke regarding the need for a sign to be placed ahead of the curve. A motion was made by Moulton -Patterson, seconded by Silva, to direct staff to continue aggressive efforts on improving visibility at every intersection on Palm Avenue, to install stops signs at Cherryhill and Ofelia and to post the speed limit at 45 miles per hour by adopting Emergency Ordinance No. 3204 - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING NEW PRIMA FACIE SPEED LIMITS FOR PALM AVENUE BETWEEN GOLDENWEST STREET AND SEAPOINT AVENUE.", direct the Police Department Traffic Bureau to conduct speed enforcement activities on Palm Avenue to increase driver awareness of the speed limits and directed the Public Works Department to prepare a report outlining the effect of these actions for November 15, 1993. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) ORDINANCE NO. 3202 - SMOKING ORDINANCE - INTRODUCTION APPROVED (140,10) The City Clerk presented Ordinance No. 3202 for Council introduction - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 9.08 THEREOF ENTITLED 'SMOKING PROHIBITED'." (Revises smoking ordinance) Discussion was held by Council and staff regarding the proposed date for the one hundred percent (100%) ban on smoking in restaurants effective January 1, 1995. A motion was made by Moulton -Patterson, seconded by Leipzig, to approve introduction of Ordinance No. 3202 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 9.08 THEREOF ENTITLED 'SMOKING PROHIBITED'." Further discussion was held by Council. Motion to Amend Effective Date_ of Ordinance No. 3202_to 3uly_1 1994 - Failed A motion was made by Bauer, seconded by Moulton -Patterson, to amend the main motion to make the effective date July 1, 1994. The motion FAILED by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell NOES: Robitaille, Silva, Sullivan, Leipzig ABSENT: None The main motion made by Moulton -Patterson, seconded by Leipzig, to approve introduction of Ordinance No. 3202 carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig NOES: Robitaille, Silva, Sullivan ABSENT: None S Page 14 - Council/Agency Minutes - 7119/93 .(City Council) Discussion_.. Re: Plans for the Downtown Area Councilmember Bauer spoke regarding the downtown area including the City Council vision for the area, change of clientele, use of city —owned land and the parking situation. (City Council/Redevelopment Agency) Discussion re: Request Reconsideration — Coultrup Development Project -- DDA -- CUP No. 922-17 with Special Permits — CE Scheduled Re: Concerns Councilmember Bauer requested that a Councilmember on the prevailing side reconsider the Coultrup Development Project approved on July b, 1993. The City Attorney reported on the procedure of reconsideration. The Community Development Director responded as to what language was in the Conditional Use Permit in response to Council and Mr. Buchanan's statements. Discussion was held by Council and staff regarding school district concerns, school fees, audit of the project, appraisal of the property and legal opinion from the City Attorney regarding gift of city property. A motion was made by Bauer, seconded by Sullivan, to authorized Councilmember Bauer and up to two other Councilmembers to meet with outside counsel to discuss Councilmember Bauer's concerns regarding the legality of the Disposition and Development Agreement relative to the following issues: (1) audit expenditures, (2) need for new appraisal and (3) conveyance of city street without remuneration. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton —Patterson, Winchell, Sullivan, Leipzig NOES: Silva ABSENT: None Council Committee Formed-- Council Downtown Ad Hoc Committee — Approved Mayor Winchell announced the need for a committee to review the concerns of the citizens in the downtown area. Mayor Winchell, Councilmember Moulton —Patterson and Councilmember Silva volunteered to serve on the committee. Staff Committee Formed — Staff Downtown Ad Hoc -Committee — Approved The City Administrator announced that he would form a department head committee to review the concerns of the citizens in the downtown area. 259 Page 15 - Council/Agency Minutes - 7/19/93 Appointment of Councilmember-s—S-%lva and Leipzig to Review Sign Code Revisions - Approvgd Councilmember Silva requested staff to review the sign code for revisions that would enhance the business community. A motion was made by Silva, seconded by Leipzig, for Councilmembers Silva and Leipzig to meet with staff to compile a list of recommendations for amendments and improvements to the sign ordinance. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) Staff time to fill out an application for funds from North American Wetlands Conservation Council to purchsand in the Bolsa Chica - Approved Councilmember Bauer spoke regarding the deadline of August 15, 1993 for submission of the application, funding which will require matching funds from elsewhere, information available from the Bolsa Chica Land Trust and interest on the part of one land owner to sell property. A motion was made by Bauer, seconded by Moulton -Patterson, to approve staff time to fill out an application for funds from North American Wetlands Conservation Council to purchase land in the Bolsa Chica. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Robitaille, Silva ABSENT: None (City Council.) Fire Department Ambulance Program - Reconsideration Approved ,lily 6. 1993 Councilmember Sullivan requested that a Councilmember on the prevailing side make a motion to reconsider action taken at the July 6, 1993 meeting to approve the Fire Department Ambulance Program and the recent newspaper article regarding the services of Santa Ana and San Clemente. Chief Dolder responded as to how the cities differed relative to (1) outside bidding, (2) issue pertaining to quality of services, (3) the comparisons of both types of ambulance services relative to operations of other communities and (4) dollars and cents analysis. Discussion was held by Council and staff regarding the staff time to administer the program, vehicle maintenance, costs of operation, quality of service, and status of other community ambulance programs. ?f;0 Page 16 - Council/Agency Minutes - 7119193 A motion was made by Bauer, seconded by Silva, to reconsider the Fire Department Ambulance Program on August 2, 1993 in order to address Councilmember Leipzig's concerns relative to (1) address legal question regarding outside bidding, (2) issue pertaining to quality of services, (3) the comparisons of both types of ambulance services relative to operations of other communities and (4) dollars and cents analysis of profit margin anticipated. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: Robitaille, Winchell ABSENT: None (City Council) Finance Board Resignation Accepted - Fisher - Appointment Approved R (110.20) Mayor Winchell announced the resignation of John Fisher from the Finance Board and appointment of Bill Rea to fill the vacancy. (City Council Resolution No. 6505 - Adopted - Protection of County Landfills (810.20) The City Clerk presented Resolution No. 6505 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROTESTING WASTE IMPORTATION INTO ORANGE COUNTY LANDFILLS." (Declares that waste importation into Orange County from outlying counties is counter productive and unacceptable and protesting such waste importation into the County landfills.) A motion was made by Winchell, seconded by Bauer, to adopt Resolution No. 6505. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (Redevelopment Agency) MAIN -PIER PHASE II (CO(JLTRUP) AFFORDABLE HOUSING_PLAN - AGENCY RESOLUTION NO. 241 - FAILED - MAIN I 6TH/PCH /WALNUT (410.20) The City Clerk presented a communication from the Economic Development Department transmitting Resolution No. 241 for Agency adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING AN AFFORDABLE HOUSING PLAN FOR THE MAIN-PIERIPHASE II PROJECT." Following discussion, a motion was made by Silva, seconded by Robitaille, to approve the proposed Affordable Housing Plan for the Main Pier Phase II (Coultrup) Project, as proposed, and appropriate $732,000, using redevelopment housing funds (set aside) for implementation, if the project proceeds, by adopting Resolution No. 241 and approve the proposed Affordable Housing Plan as meeting condition no. 9-g (Affordable Housing Program) of Conditional Use Permit No. 92-17 for the Main-Pier/Phase II Project as follows: 261 Page 17 — Council/Agency Minutes — 7119/93 9—g. Prior to issuance of building permits for the construction of the residential portion, Developer shall provide the city with an Affordable Housing program to be approved by the Director of Community Development and in accordance with provisions of the city's adopted Housing Element and Redevelopment Law. The affordable housing program shall provide for the development of not less than 12 residential units which will be available at affordable housing costs to persons and households of low and moderate income, with not less than 5 of those units units available at "affordable housing costs" to "very low income" households as defined by the Department of Housing and Urban Development (H.U.D.). The affordable housing program shall identify housing proposals, locations and implementation strategies for the development of new residential units designed for families of low and moderate income. The Developer shall provide affordable housing within the residential portion of the site or provide affordable housing off —site. If all or a portion of the affordable housing is to be provided off —site, one or more of the following must occur prior to the issuance of building permits of the construction of residential phase of Main Pier Phase IT. 1. Control of an off —site location acceptable to the city. 2. City approval of a development plan for an off —site location. 3. Prior to issuance of building permits, the applicant shall identify a location for the replacement of units lost through demolition. Said plan shall comply with Section 33413.5 of California Community Development Law. All units must be replaced within four (4) years of approval of this conditional use permit. The motion failed by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Silva NOES: Bauer, Winchell, Sullivan, Leipzig ABSENT: None The City Administrator stated that staff would prepare a report with alternatives for affordable housing on this project. M-Qtion to Reconsider Conditional Use Permit Na. 9 —17 — Coultrup Development Company_— Failed for Lack of Second A motion was made by Winchell to reconsider the Conditional Use Permit No. 92-17 for Coultrup Development Company for the sole purpose of adding a condition that satisfies the school district concerns. The motion died for lack of a second. John Coultrup, Project Developer, and Jerry Buchanan, Huntington Beach School District Superintendent, spoke regarding an agreement they are negotiating relative to the concerns of the school district. Discussion Re: Late Hour of Council Meetings — Alternatives to Address Problem Discussion was held by Council and staff regarding the late hour of meetings and alternatives to address the problem. 262 Page 18 - Council/Agency Minutes - 7/19/93 The City Administrator stated that a staff report would be prepared with alternatives to address the late meeting hours. 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, August 2, 1993 at 5:30 p.m., Room B-8, Civic Center, Huntington Beach, California. Clerk of the Redevelopme Agency and City Clerk and ex -of icio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City Clerk/Clerk Mayor/Chairman 1 `1 96 3