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HomeMy WebLinkAbout1993-08-02MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, August 2, 1993 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Winchell called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. PRESENT: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig ABSENT: None STUDY SESSION - REGIONAL HELICOPTER PROGRAM - FURTHER REPORT REQUESTED Police Chief Lowenberg distributed a report to Council entitled Airborne Law Enforcement Services, A Memorandum of Understanding between Costa Mesa Police, Huntington Beach Police and Orange County Sheriff. Sergeant Gary Brooks, Police Department Aero Unit, presented a staff report regarding Airborne Law Enforcement Services (ABLE). Lieutenant Tom Warnack, Costa Mesa Police Department, presented a report using slides regarding the expanded air support availability, current and future potential revenue, Memorandum of Understanding, ABLE services model and projected implementation costs. Councilmember Bauer requested a report with figures regarding the rationale for the increase in the helicopter program. 1 1 MA ► _ RE (420.40) Discussion was held by Council and staff regarding number of tables proposed, use of public right-of-way, and proposed trash enclosure. 1 QJy Council) DISCUSSION HELD RE* PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF SPECIAL SIGN PERMIT - NO, 93-4 - SAN Discussion was held by Council and staff regarding changeable copy signs, special sign permits, and time limits on the permits. The City Clerk announced a typographical correction to the agenda regarding the final cost of the project completed by J & B Kovac Engineering. In response to Councilmember Leipzig's question, the Community Development Director stated that a comprehensive program for all vacant school sites had not been accomplished due to the fact that different school districts are involved, each school district wants to maximize the value of the property owned and the school districts do not want the city limiting the use of their property. He stated that the issue with this school site is whether the city is interested in purchasing the property. ICE Council) DISCUSSION HELD RE: ESTABLISHMENT OF CITY FEE SCHEDULE - LIBRARY - RESOLUTION NO, 6510 (340.20) In response to Mayor wnchell's question, the Library Services Director stated that the Library room fee structure is similar and comparable to Community Services Department fees. PARK (920.10) In response to Councilmember Leipzig's questions, Jim Engle, Park Development and Recreation Division Superintendent, stated that heavy rains this past year have left sink holes developing at Edison Community Park and a comprehensive subsurface investigation is needed to determine the extent of the problem and if remedial measures are necessary. WETLANDS CONSERVATION COUNCIL FOR THE PURCHASE OF LAND WITHIN THE • (340.80) In response to Councilmember Silva's question, Rich Barnard, Deputy City Administrator, stated that there would be no cost to the city other than staff time to complete the application. N Page 3 - Council/Agency Minutes - 8/2/93 (City Council) DISCUSSION HELD RE: AMENDMENT TO THE CITY'S CLASSIFICATION PLAN - SPECIAL PROJECTS DIRECTOR - RESOLUTION NO.6512 (700.10) Councilmember Silva requested that Ken Bourguignon, Planning Commissioner, speak regarding the creation of the Special Projects Director position. Mr. Bourguignon requested that the amendment to the city's Classification Plan be continued to a later date in order to give the Planning Commission an opportunity to review this change prior to action by the City Council. (City Council) DISCUSSION HELD RE: PROPOSED HANDBILL ORDINANCE (640.10) Discussion held by Council and staff regarding the ordinance and how it pertains to non-profit fliers, political material and the impact on small businesses. (City Council) DISCUSSION HELD RE: HOLLY-SEACLIFF AFFORDABLE HOUSING PLAN (430.50) Councilmember Leipzig requested that the Holly-Seacliff Affordable Housing Plan be continued as he had a number of points that he would like to discuss with staff. (City Council) DISCUSSION HELD RE: 1993/94 CITY COUNCIL GOALS & OBJECTIVES (120.30) The City Administrator stated that the material relating to the Goals and Objectives had been distributed for Council review and input. (City Council). DISCUSSION HELD RE: BEACH BLUFF AREA IMPROVEMENTS (560.35) Discussion held by Council and staff regarding the proposed expansion of Pacific Coast Highway to six lanes and how that affects the bluff top parking. The City Administrator stated that a report would be prepared by the Public Work Department for the August 16, 1993 meeting relating to the status and options available with Cal -Trans. (City Council) BLUFF TOP NORTH BEACH IMPROVEMENTS AMENDMENT NO.5 TO AGREEMENT WITH PURKISS-ROSE ASSOC. FOR LANDSCAPE DESIGN SERVICES (600.10) Discussion held by Council and staff regarding concessions and restrooms on lower bluff area,. Downtown Specific Plan regulations on beach concessions and reduced intensity of the proposed bluff top parking. C Page 4 - Council/Agency Minutes - 8/2/93 CLOSED SESSION 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 - McCarty -Devlin v City of Huntington Beach - Orange County Superior Court Case No. 675201. (120.80) The Mayor called a recess of Council at 6:35 p.m. The meeting was reconvened at 6:55 p.m. Mayor Winchell adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, August 2, 1993 at 7 p.m., Council Chamber, Civic Center. Clerk of the Redevelopment AgencyAid City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City Clerk/Clerk 4611 Mayor/Chairman MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, August 2, 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 7:00 p.m. ROLL CALL PRESENT: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig ABSENT: None FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony and Invocation was conducted by the Huntington Beach Junior Guards, "C" Group. Penelope Porter, "C" Instructor. MAYOR WELCOMED BOY SCOUT TROOP Mayor Winchell welcomed the Viper Patrol from Boy Scout Troop 319 who are attending tonight as part of earning their Citizenship Badge. PRESENTATION - $1,000 CHECK - NO ON DRUGS IN SCHOOLS FOUNDATION (NODS) Mayor Pro Tempore Linda Moulton -Patterson, Fountain Valley Mayor, Laurann Cook, and Westminster City Cuncilmember, Charmayne Bohman, presented a check in the amount of $1,000 on behalf of the NODS (No On Drugs in Schools) Foundation to Mayor Grace Winchell and Police Chief Ron Lowenberg. PRESENTATION - D.A.R.E. AWARD Leann Mader, Administrative Assistant, representing Assemblywoman Doris Allen and the State of California, presented an Assembly Resolution to Officer Les Robinson thanking him for his years of service and hard work for our children through the D.A.R.E Program. Page 2 - Council/Agency Minutes - 8/2/93 PRESENTATION - $25,000 CHECK - PACIFIC COAST HOMES - PIER RESTORATION FUND Craig Rice, Pacific Coast Homes Vice President, presented a check in the amount of $25,000 for the Pier Restoration Fund to Mayor Grace Winchell and the City Council. PRESENTATION - SURF CITY SWEAT SHIRTS - ROCKIN THREADS Steve Whitaker of Rockin Threads presented sweat shirts from the Surf City line of clothing to Mayor Grace Winchell and City Council. PRESENTATION OF PROCLAMATION Mayor Winchell presented a proclamation to Bill Billiter, journalist for the Los Angeles Times Orange County Edition, for having accurately and diligently covered events in the City of Huntington Beach for the Times. PUBLIC COMMENTS Request to Address Council - Robert L. Moore. Jr. - Re: Resubmittal of Proposed Zone Change - H. B. LCP "White Hole" area to California Coastal Commission - Report to be Prepared The City Clerk presented a communication from Robert London Moore, Jr. dated July 23, 1993, requesting responses to his concerns relative to resubmittal of proposed Zone Change/H.B. LCP "White Hole" area to the California Coastal Commission. (Inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River.) Robert L. Moore. Jr. spoke regarding his letter dated July 23, 1993. Councilmember Silva requested that a time frame be set for a response to Mr. Moore's letter and a date of October 1, 1993 was concurred with by Deputy City Attorney Sangster. Further clarification regarding the matter was made by Councilmember Bauer, Mayor Winchell and the City Administrator including clarification that Council's direction to staff was to come back with zoning that would be consistent with the existing general plan and this would include two public hearings. Bryan Bridges stated he hoped that no tax money or lengthy staff work would be necessary on the agenda item relating to the Grant Application to the North American Wetlands Conservation for the purchase of land within the Bolsa Chica. He also spoke regarding the past and present need for the city to obtain request for proposals for ambulance service. Connie Boardman spoke in support of the Grant Application to the North American Wetland Conservation Council for the purchase of land within the Bolsa Chica. Lee Cox requested a competitive bid for ambulance service relative to the agenda Item regarding the proposed Fire Department Ambulance Program. C Page 3 - Council/Agency Minutes - 8/2/93 Holly-Seacliff Affordable Housing Plan - Deferred to August 16, 1993 Tom Zanic, Seacliff Partners representative, stated his communication dated September 10, 1993 had been provided to Council requesting continuance of the agenda item relating to the Holly-Seacliff Affordable Housing Plan. A motion was made by Leipzig, seconded by Moulton -Patterson, to defer the Holly-Seacliff Affordable Housing Plan to August 16, 1993. , Ayes: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig Noes: None Absent: None Phillip Falcetti, Orange County Health Care Agency representative, spoke in support of the proposed Ordinance No. 3202 - revision to the city's smoking ordinance. John Torney, Emma Willsey, Marilyn Cowan, Vicki Weber and Harold Campbell addressed Council and stated their reasons for supporting the proposed Ordinance No. 3202 - revision to the city's smoking ordinance. Loretta Wolfe, Downtown Residents Association representative, announced that their next meeting would be held August 15th at the Community Bible Church. She stated concern with the agenda item regarding Ordinance No. 3201 - tattooing establishment and operation regulations. The City Attorney and City Administrator reported. Wilfred Meyer requested that tattoo establishments be kept from the downtown area. Andrew Hobbs, accompanied by his mother, Dianne Hobbs, requested that the Shipley Nature Park remain in the city's budget and not be part of the budget cutting process. David Winkler, Shipley Nature Center Park Ranger, spoke in opposition to the Shipley Nature Center being cut from the budget due to the need for enforcement of city ordinances in Shipley Nature Center as well as the use of the center by organized group activities. Mark Kullberg spoke on behalf of his family and neighbors regarding the high rate of speed and traffic conditions on Victoria Lane. He stated that he had five and six year old children and was concerned for their safety. He stated the effect of the Westminster Mall traffic and submitted a petition to the City Clerk listing twenty-five signatures of residents and requested the assistance of Council. Melissa Mollet spoke regarding the 8:00 p.m. closing hours which had been established as a crime deterrent at the beach parking lots located on the beach side of Pacific Coast Highway just north of Goldenwest and south of Warner. She suggested that the closing time be dusk for winter and summer, due to the difference in sunset between summer and winter. She stated this would allow more time in summer to watch the sunset. Ms. Mollet's suggestion was referred to the Community Services Department. George Arnold spoke regarding the seizure by the Police Department of his T-shirts during the time he was selling them in the downtown area. He requested permission to sell his T-shirts to raise campaign contributions. Page 4 - Council/Agency Minutes - 8/2/93 The Mayor replied to Mr. Arnold and Deputy City Attorney Sangster stated a City Attorney opinion on the matter had been issued which he would provide to Mr. Arnold. Bob Stuart spoke regarding the full array of people in the city and the need for tolerance stating that he would like to be able to purchase George Arnold's T-shirts. Jim McNeal, Professional Aeromedical Transportation Association Vice President, spoke regarding the costs to other cities which provide their own ambulance service. He also commented that he believed the Health and Safety Code required competitive bidding. Status Report Re: Bolsa Chica Funding Committee Mayor Pro Tempore Moulton -Patterson, Bolsa Chica Funding Committee Chair, presented a report regarding the committee and stated that they have communicated to as many agencies, land owners, and citizens activist groups as possible and have identified some funding sources. Status Report Re: Funding for the Literacy_ Volunteers of America - Huntington Valley The Library Director presented a staff report regarding funding for the Literacy Volunteers of America - Huntington Valley for fiscal year 1993/94 . He stated that funding is available for the current year but the Board of Directors from the Literacy Council is concerned about future funding. The City Administrator stated that funding for the Literacy Program would be included in the proposals for the fiscal year 1994/95 budget. Budget Study Session - August 9. 1993 The City Administrator reported that a study session is scheduled for August 9, 1993 for Council to discuss alternatives for balancing the city's 1993-94 fiscal year budget. Relocation of J. C. Penny Company From Huntington Center Mall The City Administrator reported on the relocation of the J. C. Penny Company from the Huntington Center Mall to the Westminster Mall. He stated that the Huntington Center management is in the process of recruiting a replacement for the Penny's store. Huntington Beach Art Center - Construction The City Administrator reported that the Art Center is under construction and estimated to be completed by winter, 1993. He stated that there is an Equestrian fundraising event scheduled for August 11, 1993 with proceeds going to the Art Center. O Page 5 - Council/Agency Minutes - 8/2/93 Discussion Held Re: Ordinance Regulating Parties Councilmember Silva questioned if the ordinance regarding parties was being enforced and how many citations had been issued. The Police Chief presented a report covering a three month period with the number of parties that received a first time warning, number of parties that required a second response, owners billed and fines collected. Statistics of 100 City Rankings The City Administrator reported on the City of Huntington Beach in comparison to the resent statistics on the cities ranking to one hundred best cities. (City Council) PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF USE PERMIT NO. 92-65 - NICCOLE'S RISTORANTE OUTDOOR DINING - 520 MAIN STREET - APPROVED AS AMENDED (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER Appeal of the Planning Commission denial of Use Permit No. 92-65 APPLICANT/APPELLANT Michael Niccole LOCATION 520 Main Street ZONE Downtown Specific Plan - District 6 - Coastal Zone REQUEST To permit the establishment of outdoor dining at Niccole's Ristorante. ENVIRONMENTAL STATUS Categorically exempt pursuant to Section 321, Class 1 of the California Environmental Quality Act. COASTAL STATUS Non -appealable The Community Development Director presented a staff report. Councilmember Leipzig requested clarification of hours of operation and the Community Development Director responded. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. No communications or written protests were received on the matter. The Mayor declared the public hearing open. Terry Olson stated he resided in close proximity to Niccole's Restaurant. He stated he believed outdoor dining would impede public access and cause a possible insurance liability to the city. He submitted three photographs to the City Council which showed the condition of the rear premises. Page 6 - Council/Agency Minutes - 8/2/93 Gus Zisakis, Manager of 611 Sixth Street, stated that he believed outdoor dining would make it more noisy for the apartment tenants. He requested that the appeal be denied based on safety, noise and law suit issues. Phil Zisakis, owner of adjacent property, stated that he had tried to work out a compromise plan but that efforts had failed. He answered questions on the matter from Councilmember Silva. Suzanne Beukema spoke in support of the appeal stating that she believed it would result in a cultural ambiance to this part of town. She stated that past action of Council had allowed outdoor sidewalk dining in July, 1992 when the carts and kiosks issue was under consideration. Dr. Michael Niccole, applicant/appellant, presented reasons why he believed his appeal should be granted. Discussion was held between Councilmember Silva, Councilmember Leipzig and Dr. Niccole regarding the problems depicted in the pictures presented by Mr. Zisakis. Councilmember Leipzig spoke regarding the need for staff to return with an ordinance for uses of public property and public easements like sidewalks for retail, dining or other uses. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held by Council and staff regarding hours of operations, number of tables, trash container area, noise impacts and trial period. A motion was made by Silva, seconded by Moulton -Patterson, to grant the appeal and overrule the Planning Commission denial of Use Permit No. 92-65 with amended findings and conditions of approval as follows: Conditions of Approval - Use Permit No. 92-65 The site plan and seating layout dated May 25, 1993 shall be the conceptually approved layout for Niccole's Ristorante. 2. Outdoor dining shall not occur until the following items are completed: a. An encroachment permit shall be required per Public Works Department requirements. b. The applicant shall provide a Certificate of Insurance and Hold -Harmless agreement to be executed. c. Table locations and seating area plans shall be reviewed and approved by the Fire Department. 3. The outdoor dining use shall comply with the following: No alcohol shall.be served outside the building. Hours of operation for the outdoor dining shall be between the hours of 10:00 a.m. and 9:30 p.m. All tables, chairs and other appurtenances shall be completely removed from the sidewalk area by 9:30 p.m. 19 Page 7 - Council/Agency Minutes - 8/2/93 c. During outdoor dining use by Niccole's Ristorante, an equivalent number of tables/seats shall be closed on the second floor of Niccole's Ristorante. d. There shall be a minimum six (6) foot clearance between tables/chairs and other restaurant equipment and curb/street furniture (tree wells, traffic signal devices, etc.) for public access way. e. All tables shall abut the building and be a minimum 50 feet from the rear property line. The number of tables shall be limited to seven (7). f. All food service and clean-up shall be through the front door. g. The back door (solid) shall remain closed during business hours; no trash shall be emptied after 9:30 p.m. 4. All building spoils, such as unusable lumber, wire, pipe and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 5. A 60 day review shall be completed by the Planning Division to review compliance with the conditions and applicable city codes. 6. The trash enclosure with mat washing area shall be constructed within 90 days of the date of this approval. The enclosure shall include a connection to the public sewer system. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Silva, Leipzig NOES: Bauer, Winchell, Sullivan ABSENT: None RECESS -RECONVENE The Mayor called a recess of Council at 9:40 p.m. The meeting was reconvened at 10:00 p.m. Citv Council) PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF SPECIAL SIGN PERMIT NO. 93-4 - SAN PEDRO SIGN COMPANY - 16732 BEACH BOULEVARD - APPROVED AS AMENDED (420.35) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER Special Sign Permit No. 93-4 APPLICANT/APPELLANT Mark Frank, San Pedro Sign Company LOCATION 16732 Beach Boulevard ZONE C4 (Highway Commercial) 10 . Page 8 - Council/Agency Minutes - 8/2/93 REQUEST Appeal to the Planning Commission's conditional approval to allow an existing non- conforming 16 foot high, 58.5 square foot sign to remain without being modified to conform to code. ENVIRONMENTAL STATUS Categorically exempt pursuant to Section 15321, Class 1 of the California Environmental Quality Act. COASTAL STATUS Non -applicable The Community Development Director presented a staff report. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. No communications or written protests were received on the matter. The Mayor declared the public hearing open. Mark Frank, San Pedro Sign Company representative, spoke in support of the appeal and showed slides of the area. He stated that it would pose a hardship to the businesses if the signs were taken down. He distributed pictures of the signs to Council. Al Brotskv, Al and Ed's Auto Sound President, spoke in support of the proposed Special Sign Permit No. 93-4. He stated that the company runs full page ads in the newspapers to attract people from other areas and the signs are important to help people locate the business. Ilan Katz, Busybody Fitness Equipment, spoke in support of the proposed Special Sign Permit No. 93- 4. He stated that the signs are necessary to attract drive -by customers and that his business also advertises in newspapers to attract people from other areas and the signs are important to help people locate the business. 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. Discussion was held by Council and staff regarding the existing sign ordinance, developing a consistent policy regarding special sign permits and the Council committee formed July 19, 1993 to review the sign code in order to make it more favorable to businesses. A motion was made by Leipzig, seconded by Sullivan, to overrule the decision of the Planning Commission and grant the appeal of Special Sign Permit No. 93-4 allowing three non -conforming wall signs, to support staff and Planning Commission on condition number two regarding a covenant to be recorded with the County Recorder and subject to the following findings and conditions of approval as amended: Conditions of Approval - Special Sign Permit No. 93-4 1. The site plan and sign elevations received and dated April 1, 1993 shall be the approved layout. Within 90 days, a covenant shall be submitted for review and approval by the City Attorney and Community Development Department to assure that the freestanding sign is brought into conformance with the code at such time as a second panel needs replacement as a result of a business change or name change; unless a subsequent special sign permit is approved. The covenant shall be recorded with the County Recorder and a copy submitted to the Community Development Department. Page 9 - Council/Agency Minutes - 8/2/93 3. The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the term of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific finding. Findings for Approval - Special Sign Permit No. 93-4 Strict compliance with Article 961 will result in a substantial economic hardship to the applicant. The continued use of a freestanding and wall signage will not adversely affect other signs in the area. 3. The continued use of a freestanding and wall signage at 16732 Beach Boulevard will not be detrimental to property located in the vicinity of such sign; and will be compatible with the surrounding area. 4. The continued use of a freestanding and wall signage at 16732 Beach Boulevard will not obstruct pedestrian or vehicular traffic vision. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: Bauer, Winchell ABSENT: None (City Council) PUBLIC HEARING - CONDITIONAL EXCEPTION NO 93-23 - PIERHEAD RESTAURANT - MUNICIPAL PIER - TO EXCEED MAXIMUM BUILDING HEIGHT - APPROVED (420.50) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Conditional Exception (Variance) No. 93-23 (Referred by the Planning Commission.) APPLICANT City of Huntington Beach, Department of Public Works LOCATION 1 Main Street (At the end of the Huntington Beach Municipal Pier) ZONE Downtown Specific Plan - District 10 - FP3 (Pier -Related Commercial -Flood plain) REQUEST To permit the proposed two (2) story pierhead restaurant to be 30 feet in height from the surface of the pier to the midpoint of the roof line in lieu of 25 feet, with 45 feet to the maximum roof peak in lieu of 35 feet pursuant to the provisions of the Downtown Specific Plan. The restaurant was previously approved by Conditional Use Permit No. 91-19 and Coastal Development Permit No. 91-9. ENVIRONMENTAL STATUS The proposed project is covered by Environmental Impact Report No. 89-8 adopted by the City Council on May 15, 1990. The Community Development Director presented a staff report. Page 10 - Council/Agency Minutes - 8/2/93 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. Dick Harlow spoke in support of the increase in height for the pierhead restaurant to accommodate utilities under the building and mechanical equipment in the roof area. 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 Silva, seconded by Leipzig, to approve Conditional Exception (Variance No. 92-3) with findings and conditions of approval as follows: Findings for Approval - Conditional Exception (Variance) No. 93-23 There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. In order to house the necessary mechanical equipment and provide an aesthetically pleasing building roof slope, it is necessary to exceed the building height. 2. The granting of a conditional exception to exceed maximum building height is necessary in order to preserve the enjoyment of one or more substantial property rights. An exception to the building height allows the mechanical equipment to be located above the second floor and allows a greater amount of usable restaurant square footage. 3. The granting of Conditional Exception (Variance) No. 93-23 to exceed maximum building height will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. Public access to the pier will be provided regardless of the height of the pierhead restaurant. 4. The Conditional Exception to exceed maximum building height is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of pier -related commercial and visitor serving commercial. 5. The granting of this conditional exception from Section 4.12.04 of the Downtown Specific Plan will not defeat the general purposes or intent of the code which is to provide public access and recreational activities in the downtown area, particularly on the pier. 6. Approval of the conditional exception will result in no modification to the requirements of the C- LUP. Conditions of Approval - Conditional Exception (Variance) No. 93-23 The site plan, floor plans, and elevations dated June 7, 1993 shall be the conceptually approved layout. 2. All conditions of approval previously approved under Conditional Use Permit No. 91-19 and Coastal Development Permit No. 91-9 shall remain in effect. 3. Prior to submittal for building permits, the applicant/owner shall complete the following: 1 Page 11 - Council/Agency Minutes - 8/2/93 a. Elevations shall depict colors and building materials as approved by the Pier Design Committee and City Council. The site plan shall include all conditions of approval imposed on the project printed verbatim. c. Present proof of California Coastal Commission approval. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department, and shall be subject to applicable permits from other agencies (Section 10, Section 106, Coastal Commission Coastal Development Permit). 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 6. The pier buildings shall be constructed in compliance with City Geotechnical Abatement Ordinance and with construction related seismic codes. 7. The building shall be fully handicapped accessible. 8. Fire Department Requirements are as follows: a. Automatic fire sprinkler systems shall be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. b. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved and installation approved pursuant to Fire Department regulations. The system shall provide the following: 1. Water flow, valve tamper 2. 24 hour supervision 3. Smoke detectors C. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. 9. Construction activities shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday, and prohibited on Sundays and Federal holidays. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None 14 Page 12 - Council/Agency Minutes - 8/2/93 CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Leipzig) hazardous condition at Edison Community Park, (Silva) grant application to the North American Wetlands Conservation Council for purchase of land within the Bolsa Chica, amendment to the City's Classification Plan. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Leipzig, seconded by Sullivan, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted minutes of Council/Agency adjourned regular meetings of May 24, 1993 as written and on file in the Office of the City Clerk. (_City Council) NOTICE OF COMPLETION - RECONSTRUCTION & IMPROVEMENTS OF VARIOUS LOCAL STREETS - MSC-346 - J & B KOVAC ENGINEERING - APPROVED (600.90) - Accepted work completed by J & B Kovac Engineering for the reconstruction and improvement of various local streets in pursuance of maintenance programs as a result of the root damage to curb, sidewalk and gutters at a final project cost of $490,180.60, instructed the City Clerk to file a Notice of Completion and directed the Finance Department to prepare a check in the amount of $49,018.06 following a 35 day retention period and receipt of Declaration of Satisfaction of Claims, Certificate of Compliance and Guarantee Bond in the amount of 100% of final cost for one year. (Minuet/Hacienda/Columbia/Harkness/Santa Ynez/Loire/Potomac/Groton/ Bushard) (City Council) APPOINTMENT OF TRANSPORTATION COMMISSIONERS - CARROLL/ CHAPMAN/SMITH/BOWLAND - APPROVED (110.20) - Approved appointments and reappointments to the Transportation Commission as follows: Wallace Carroll - 4 year term - expires June 30, 1997; Gerald Chapman - 4 year term - expires June 30, 1997, Philip Smith (reappointment) - 4 year term - expires June 30, 1997; Jack Bowland (reappointment) - 4 year term - expires June 30, 1997. (City Council) LIBRARY BOARD OF TRUSTEES APPOINTMENT - PATRICIA COHEN - APPROVED (110.20) - Approved appointment of Patricia Cohen to the Library Board of Trustees beginning August 3, 1993. 7 Page 13 - Council/Agency Minutes - 8/2/93 (City Council) DESTRUCTION OF CERTAIN CITY RECORDS - RESOLUTION NO. 6509 - ADOPTED (170.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." (Paid Water Bond Coupons August, 1959 - January, 1988, Statements of Canceled Park Bonds, 1955 Water Bond Coupons August, 1966 - August, 1967, Street Improvement Bonds January, 1974 - December, 1979, Certificate of Deposits 1976-1985.). (City Council) ESTABLISH CITY FEE SCHEDULE - USE OF LIBRARY FACILITIES - RESOLUTION NO.6510 - ADOPTED (340.20) - "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. 43)." (Establishes fees for use of the new facilities to be included in the Library Expansion as well as amending fees for the existing Talbert and Balboa Rooms.) (City Council) PARCEL MAP NO. 92-223 - S. Y. KIMBALL -16231 & 16235 WHITECAP LANE - APPROVED (420.70) - Approved Parcel Map No. 92-223 with a finding that the Parcel Map is in substantial conformance with the tentative map previously approved by the Planning Commission on December 15, 1992 and instructed the City Clerk to affix her signature to the map and to release the map to the County for processing. (City Council) 1993 WEED ABATEMENT COSTS - RESOLUTION NO.6511 - ADOPTED (520.80) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING REPORTS OF COST FOR WEED ABATEMENT, 1993 SEASON, ON LOTS WITHIN THE CITY." and directed that all charges listed thereon be certified to the county 1993-94 tax roll. (City Council) GILL SCHOOL SITE - NOT TO BE ACQUIRED FROM WESTMINSTER SCHOOL DISTRICT - VICTORIA/CUMBERLAND - NOTICE OF SALE (650.20) - Directed that formal written notice be forwarded to the Westminster School District that the City of Huntington Beach has no intent to pursue acquisition of Gill Elementary School. (Site located at Victoria Lane and Cumberland Drive.) (City Council) CONSULTANT FOR SUBSURFACE INVESTIGATION - REQUEST FOR PROPOSALS - HAZARDOUS CONDITION AT EDISON COMMUNITY PARK - REQUEST FOR PROPOSALS AUTHORIZED (920.10) The City Clerk presented a communication from the City Administrator pertaining to a hazardous condition at Edison Community Park. Discussion was held by Council and staff regarding the possible closure of sports fields, the impact it would have on the sports, possible remedial measures used, request for proposals and whether it is premature to discontinue use of the field without a thorough evaluation. Page 14 - Council/Agency Minutes - 8/2/93 A motion was made by Leipzig, seconded by Silva, to direct the Public Works Department to prepare a Request for Proposal to solicit consultants to prepare a comprehensive subsurface investigation at Edison Community Park to determine what if any remedial measures are needed on the park site relative to sinkholes and depressions. (Appropriate costs $50,000 - $100,000 - Anticipated use of Park Acquisition and Development Funds.) The motion -carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) GRANT APPLICATION TO THE NORTH AMERICAN WETLANDS CONSERVATION COUNCIL FOR THE PURCHASE OF LAND WITHIN THE BOLSA CHICA - APPROVED (340.80) The City Clerk presented a communication from the City Administrator pertaining to a grant application to the North American Wetlands Conservation Council for the purchase of land in the Bolsa Chica. Discussion was held by Council and staff regarding appraisals and proposals, identification and allocation of funds and other grant funding sources. A motion was made by Moulton -Patterson, seconded by Leipzig, to approve the submittal of the Grant Application to the North American Wetlands Conservation for the purchase of land within 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) AMENDMENT TO THE CITY'S CLASSIFICATION PLAN - RESOLUTION NO. 6512 - TELECOMMUNICATIONS ASSISTANT - APPROVED - DIRECTOR OF SPECIAL PROJECTS CONTINUED TO AUGUST 16. 1993 (700.10) The City Clerk presented Resolution No. 6512 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ADOPT AND AMEND THE CITY CLASSIFICATION PLAN." New Classifications: Director of Special Projects, Telecommunications Assistant. Deletes Classifications: Telecommunications Coordinator, Telecommunications Aide. Motion to Deny Request - Failed for Lack of Second A motion was made by Councilmember Silva to deny the request relating to amendments to the City's Classification Plan. The motion failed for lack of second. Motion to Continue to August 16, 1993 A motion was made by Silva, seconded by Robitaille, to continue the amendments to the city Classification Plan to August 16, 1993. The motion and second were withdrawn. 1 Page 15 - Council/Agency Minutes - 8/2/93 Motion to Approve Amendment to City's Classification Plan Re: Telecommunications Assistant - Approved A motion was made by Silva, seconded by Robitaille, to approve the amendment to the City Classification Plan pertaining to the New Classification:. Telecommunications Assistant, Deleted classifications: Telecommunications Coordinator, Telecommunications Aide. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None Motion to Continue Amendment to City Classification Plan Re: Director of Special Projects to August 16, 1993 A motion was made by Silva, seconded by Robitaille, to continue the amendment to the city Classification Plan relating to the Director of Special Projects to August 16, 1993 in order for the Planning Commission to meet with the City Administrator regarding the request to amend the Classification Plan. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None COUNCIL MEETING - MOTION TO PROCEED APPROVED Mayor Winchell stated that as the hour was 11:00 p.m. according to Council policy a vote should be taken to continue the meeting. A motion was made by Bauer, seconded by Leipzig, to proceed with the meeting and complete the agenda. The motion carried by the following roll call vote. AYES: Robitaille, Bauer, Winchell, Sullivan, Leipzig NOES: Moulton -Patterson, Silva ABSENT: None (City Council) FIRE DEPARTMENT AMBULANCE PROGRAM - APPROVED - FUTURE REPORT REQUESTED (510.50) The City Clerk presented a communication from the City Administrator regarding the implementation of a Fire Department Ambulance Program. (On July 19, 1993 Council directed the reconsideration of this item.) The Fire Chief presented a staff report with slides and distributed revised material dated August 2, 1993. Jim Paoe, Journal of Emergency Medical Services Publisher, spoke in support of the proposed Fire Department Ambulance Program. Page 16 - Council/Agency Minutes - 8/2/93 The Fire Chief of Santa Ana reported on his city's program. The City Attorney presented the legal opinion regarding RFP's stating that the city was not required to do so. The Mayor stated that the Council had received the City Attorney's opinion. Considerable discussion was held by Council and staff regarding bid process, salary of ambulance drivers, city liability, and collection rates. A motion was made by Bauer, seconded by Robitaille to approve the implementation of a Fire Department Ambulance Program and direct staff to provide the City Council with a report of operating costs and revenues one (1) year after ambulance services begin, approve the Fire Department's 1993/94 table of authorized staffing by classification, authorize the appropriation of $468,309 from the General Fund Reserve for the one-time start-up costs related to the Fire Department Ambulance Program (315) and direct staff to establish a separate ambulance equipment replacement account funded by program savings. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Winchell, Leipzig NOES: Moulton -Patterson, Silva, Sullivan ABSENT: None (City Council) PROPOSED HANDBILL ORDINANCE - CONTINUED TO AUGUST 16, 1993 (640.10) The City Clerk presented a communication from the City Administrator listing options for amending the existing handbill ordinance. A motion was made by Bauer, seconded by Leipzig to continued the proposed handbill ordinance to August 16, 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) 1993194 CITY COUNCIL GOALS & OBJECTIVES - CONTINUED TO AUGUST 16, 1993 (120.30) The City Clerk presented a communication from the City Administrator transmitting the City Council goals and objectives as modified to incorporate comments by the City Council. A motion was made by Bauer, seconded by Leipzig, to continue the proposed goals and objectives to August 16, 1993. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None Page 17 - Council/Agency Minutes - 8/2/93 (City Council) BEACH BLUFF AREA IMPROVEMENTS - (BELOW THE BLUFFS PARKING AREA BETWEEN I ITH AND GOLDENWEST - APPROVED - PURKISS ROSE COMPANY REPORT (560.35) The City Clerk presented a communication from the Community Services Director requesting Council direction on whether to proceed with improvement plans for the below -the -bluffs parking area between Eleventh and Goldenwest Streets. (Improvement plan for area includes 437 parking spaces along with landscaping improvements.) Jim Engle, Park Development and Recreation Division Superintendent, presented a staff report. Jim Pickel, Purkiss-Rose representative, using wall displays presented a consultant report regarding the elevation of the entrance to the parking lot to avoid conflict between motor vehicles, pedestrians, and bicycles and improvements to retaining wall. Discussion was held by Council and staff regarding the type of trees proposed, future concession sites and possible right turn lane into parking area. Councilmember Robitaille requested that the public safety people have input regarding the location of emergency telephones and lighting for walking and bicycle paths. A motion was made by Robitaille, seconded by Silva, to direct staff to proceed with the approval process of the below the bluffs parking area improvements per the direction as outlined in the Request for Council Action dated August 2, 1993. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None Councilmember Moulton -Patterson requested it be made a matter of record that her vote of approval did not indicate approval of a six lane highway. She requested a response from the City Administrator regarding this item's relation to the six lane highway issue. (City Council) BLUFF TOP NORTH BEACH IMPROVEMENTS AMENDMENT NO. 5 TO AGREEMENT WITH PURKISS-ROSE ASSOC. FOR LANDSCAPE DESIGN SERVICES - APPROVED AS AMENDED (600.10) The City Clerk presented a communication from the Community Services Director transmitting a proposed amendment to the architectural landscape agreement between the city and Purkiss-Rose for the design of Bluff Top Park improvements. Jim Engle, Park Development and Recreation Division Superintendent, responded to questions by Council regarding Planning Commission review of the project. Jim Pickel, Purkiss-Rose representative, spoke regarding the civil engineer report that would be required for the area, proper drainage of upper bluff and slope, and lower parking area. A motion was made by Leipzig, seconded by Silva, to approve projects one and two as outlined in the Request for Council Action dated August 2, 1993 and to have projects three, four and five presented to the Planning Commission prior to review by the City Council. Page 18 - Council/Agency Minutes - 8/2/93 Landscaping of Barren Oil Well Sites In 1990, Chevron Oil abandoned all oil wells on the bluff top north of Golden West Street. These barren sites should now be landscaped. On October 1, 1990, Council authorized Purkiss-Rose - rsi to prepare the plans and specifications for these improvements. The documents are complete, grant funding has been obtained, and the project will be bid for construction in February of 1994. 2. Realignment of Existing Bike Trails The removal of the oil wells along the bluff top north of Golden West Street now permits a realignment of the existing bike trail. The realignment of this trail will remove existing turning movements thus improving safety and encouraging greater use of the beach facilities. On October 1, 1990, Council authorized Purkiss-Rose - rsi to prepare the plans and specifications for these improvements. The documents are complete, grant funding has been obtained, and the project will be bid for construction in February of 1994. 3. Below the Bluff Parking Lot - Referred to Planning Commission 4. Removal/Replacement of Old Retaining Walis - Referred to Planning Commission 5. Additional Trail between Eleventh and Goldenwest Streets and Under Crossings at Eleventh and Goldenwest Streets - Referred to Planning Commission The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) ACQUISITION OF PARCEL & RESIDENCE (SE CORNER ENGLAND/ YORKTOWN) - YORKTOWN WIDENING DELAWARE AVENUE TO BEACH BOULEVARD - APPROVED (650.20) The City Clerk presented a communication from the Department of Public Works and Deputy City Administrator/Administrative Services regarding the acquisition of a parcel and residence at the southeast corner of Yorktown Avenue and England Street for the Yorktown Widening Project necessary primarily in order to establish safe sidewalk areas for pedestrians so that they are not forced to walk in the bicycle lane on the street pavement. A motion was made by Sullivan, seconded by Moulton -Patterson, to authorize the Director of Real Estate Services to acquire for the city the residence at 602 Yorktown Avenue (at the southeast corner of England Street) for an amount not to exceed $185,000 and authorized the City Clerk to accept the grant deed on behalf of the city. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None Page 19 - Council/Agency Minutes - 8/2/93 (City Council) ORDINANCE NO. 3202 - ADOPTED - AMENDMENT TO SMOKING ORDINANCE IN RESTAURANTS (640.10) The City Clerk presented Ordinance No. 3202 for Council adoption - "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.) A motion was made by Leipzig, seconded by Moulton -Patterson, to adopt Ordinance No. 3202 after reading by title. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: Robitaille ABSENT: None (City Council) ORDINANCES FOR INTRODUCTION - CONTINUED TO AUGUST 16. 1993 A motion was made by Moulton -Patterson, seconded by Robitaille, to continue the following ordinances for introduction to August 16, 1993. ORDINANCE NO.3201 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON EACH ADDING CHAPTER 8.70 TO THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS." '640,101 (Regulation of tattooing establishments and operation.) ORDINANCE NO.3203 - "AN ORDINANCE OF THE CITY OF HUNTINGTON EACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE TO ADD NEW CHAPTER 17.72 THEREOF IMPLEMENTING CALIFORNIA GOVERNMENT CODE SECTIONS 65870 et seq. REGARDING COVENANTS OF EASEMENT." (640.10) (Will allow easements to be created before parcels of a development project are sold and will allow city staff to verify that conditions of approval for development projects, relating to needed easements have been satisfied before building permits are issued or before recordation of a subdivision map.) ORDINANCE NO. 3205 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING EXISTING CHAPTER 8.04 AND ADOPTING A NEW CHAPTER 8.04." (640.10) (To provide the Orange County Health Officers with the tools necessary to regulate today's current health standards within city limits.) ORDINANCE NO. 3206 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9022 PERTAINING TO ENFORCEMENT PENALTIES." (640.10) (Provides more flexibility to the prosecuting attorney to file charges as misdemeanor infractions.) ORDINANCE NO. 3207 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 1.16 PERTAINING TO GENERAL PENALTY --ENFORCEMENT." (640.10) (Provides more flexibility to the prosecuting attorney to file charges as misdemeanor infractions.) Councilmember Leipzig amended the motion to remand the three ordinances regarding grading and stockpiling to the Planning Commission for review. Page 20 - Council/Agency Minutes - 8/2/93 ORDINANCE NO. 3209 - "AN ORDINANCE AMENDING ARTICLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.05 RELATING TO GRADING AND EXCAVATION." (640.10) (Grading and excavation.) ORDINANCE NO. 3210 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY DELETING SECTIONS 17.04.100 AND 17.04.110 PERTAINING TO STOCKPILES." (640.10) ORDINANCE NO. 3208 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 17.04.090 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE UNIFORM BUILDING CODE." (640.10) (Removes the grading portion of the Uniform Building Code from the Huntington Beach Municipal Code.) Mayor Winchell directed that staff prepare an amendment to the Division 9 Code that establishes locational criteria for Tattooing Establishments. The motions carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) ORDINANCE NO. 3201 - CONTINUED TO AUGUST 16, 1993 - TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS (640.10) (City Council) ORDINANCE NO. 3203 - CONTINUED TO AUGUST 16. 1993 - IMPLEMENTS GOVERNMENT CODE REGARDING COVENANTS OF EASEMENTS (640.10) (City Council) ORDINANCE NO.3206 - CONTINUED TO AUGUST 16. 1993 - REGULATION OF HEALTH STANDARDS RELATING TO FOOD HANDLING ESTABLISHMENTS WITHIN CITY LIMITS (640.10) (City Council) ORDINANCE NO. 3206 - CONTINUED TO AUGUST 16, 1993 - ENFORCEMENT PENALTIES -MISDEMEANOR INFRACTIONS (640.10) (City Council) ORDINANCE NO. 3207 - CONTINUED TO AUGUST 16, 1993 - GENERAL PENALTY ENFORCEMENT (640.10) (City Council) ORDINANCE NO. 3209 - REFERRED TO PLANNING COMMISSION FOR REVIEW - GRADING AND EXCAVATION (640.10) (City Council) ORDINANCE NO. 3210 - REFERRED TO PLANNING COMMISSION FOR REVIEW - STOCKPILES "(640.10) (City Council) ORDINANCE NO. 3208 - REFERRED TO PLANNING COMMISSION FOR REVIEW - REMOVAL OF GRADING PORTION OF UNIFORM BUILDING CODE (640.10) Page 21 - Council/Agency Minutes - 8/2/93 (City Council) RESOLUTION NO. 6504 - ADOPTED - REGARDING THE IMPOSITION OF UNFUNDED FEDERAL MANDATES ON LOCAL AND STATE GOVERNMENTS (120.70) The City Clerk presented Resolution No. 6504 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING FEDERAL LEGISLATION ENDING THE PRACTICE OF IMPOSING UNFUNDED FEDERAL MANDATES ON LOCAL AND STATE GOVERNMENTS AND TO ENSURE THAT THE FEDERAL GOVERNMENT PAYS THE COSTS INCURRED BY THOSE GOVERNMENTS IN COMPLYING WITH CERTAIN REQUIREMENTS UNDER FEDERAL STATUES AND REGULATIONS." A motion was made by Sullivan, seconded by Leipzig, to adopt Resolution No. 6504. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) Discussion was Held Re: Change of the Official Starting Time of City Council Meetings - Staff Directed to Prepare Resolution Discussion was held by Council and staff regarding the City Council meeting official starting times and directed staff to prepare a resolution to change the meeting times. Pacing of City Council Meetings - Staff to Prepare Report The City Administrator reported that his department was in the process of addressing Council concerns regarding the pacing of meetings. He stated that staff would prepare a report with different alternatives for efficiently conducting City Council meeting business for the August 16, 1993 meeting. ADJOURNMENT - City 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 9, 1993, at 7:00 p.m. in the Council Chamber, Civic Center, Huntington Beach, California, and to Tuesday, August 10, 1993, at 5:00 p.m. - Closed Session - Labor Relations - Meet & Confer. Clerk of the Redevelopment Agen6f and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City Clerk/Clerk Mayor/Chairman `