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HomeMy WebLinkAbout1993-09-07 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH Council Chamber, Civic Center Huntington Beach, California Tuesday, September 7, 1993 A videotape recording of this meeting is on file in the City Clerk's Office Mayor Winchell called the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4:30 P.M. ROLL CALL Present: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva (arrived 4:45 P.M.), Leipzig (arrived 4:50 P/M/) Absent: Sullivan (Council/Redevelopment Agency) STUDY SESSION - CENTRAL PARK MASTER PLAN AND GUN RANGE 920.20 The City Clerk presented a communication from the Community Services Director dated September 2, 1993 entitled Work Study Session on Huntington Central Park Master Plan. The Community Services Director presented a staff report regarding the Central Park Master Plan, grant funds available, gun range, rock crushing operation, youth sports complex, mobile home acquisition and relocation agreement with Driftwood Mobile Homeowners Association. Jim Engle, Superintendent of Park Development and Recreation Division, presented a staff report regarding separation of the mobile home area from the Central Park Master Plan, Murdy Park expansion, use of parkview School site, proposed gym facility and playing fields. A communication from the Thomas Family, dated September 1, 1993, in opposition to the gun range in the Central Park area, was distributed to Council. Discussion was held by Council and staff regarding use of school site, rock crushing operation, gun range uses, use of Sully -Miller Lake in connection with golf course facilities, methane mitigation, proposed swimming pool, land use designations and a breakdown of funding available for each proposed project. (City Council) PUBLIC HEARING COMMUNICATIONS The City Clerk presented a communication from Diane Easterling dated September 6, 1993 regarding the public hearing on the Planned Sign Program No. 93-1 and the public hearing on Zone Change No. 92-3 and communications from Jack Ellsworth dated September 1, 1993, William Snyder dated September 2, 1993, Robert Meier, dated September 2, 1993 and H. C. Volker dated July 21, 1993, regarding the public hearing on Zone Change No. 92-3. 55 Page 2- Council/Agency Minutes - 9/7/93 The Mayor called a Closed Session of the City Council pursuant to Government Code Section 5t4957.6 to meeting with its designated representatives regarding Labor Relations Matters - Police and Fire Association - Meeting and Confer. (120.80) (Redevelopment Agency) CLOSED SESSION (120.80) The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regarding negotiations with Habitat for Humanity and the city concerning the sale of property located at Ronald Drive and Beach Boulevard. (Council/Redevelopment Agency) RECESS - RECONVENE The Mayor called a recess of Council/Redevelopment Agency at 5:20 p.m. The meeting was reconvened at 6:00 p.m. in the Council Chambers. PLEDGE OF ALLEGIANCE AND INVOCATION The Pledge of Allegiance and Invocation was given by all present. PROCLAMATION - DYSTONIA AWARENESS WEEK - 9/6193-9/12/93 Mayor Winchell presented a proclamation to Margery Nyland proclaiming the week of September 6 through September 12 as Dystonia Awareness Week in the City of Huntington Beach. . . PUBLIC COMMENTS Jeannie Collins stated her concerns regarding Paragon Cable and the FCC. She stated she believed foreign investors received favored treatment. George Cross, representing Community Forum Huntington Beach presented a summary of their meeting held August 11, 1993. He reviewed their concerns: the downtown area problems were the concern of all the citizens in Huntington Beach, the types of businesses allowed in the downtown area should be screened and law enforcement be increased, particularly in matters of anti -social behavior by individuals and businesses. Mayor Winchell requested that Mr. Cross give a copy of the summary to the Chief of Police who is the lead in the downtown task force. John Merzweiler described street fighting downtown last Sunday, September 5th, and stated he was told by participants it was caused by an Article in the Los Angeles Times. George Arnold stated he was given a ticket for selling his tee shirts downtown and the shirts were confiscated. He stated other individuals were allowed to sell tee shirts and were not ticketed. 56 Page 3- Council/Agency Minutes - 9/7/93 Items for Sale on Public Pro edy In response to questions by Council, the Director of Community Services described procedures to be followed to sell items on public property. He confirmed the Pierfest Committee did not have a permit for Sunday and should not have sold their tee shirts on that day. He stated he would inform the committee members they were only allowed to sell their shirts during special events. CITY ADMINISTRATOR'S REPORT (1) Holly-SeaCliff Development Project The City Administrator stated he would schedule a presentation to Council on the Holly-Seacliff Development Project. (2) Fourth of July Celebration/Equestrian Event He stated a report would be prepared by the Director of Community Services on the revenues and operational issues of the Fourth of July Celebration and the Equestrian event. (3) Bartlett Park Proposed Golf Course He reviewed a community meeting regarding the proposed Par Three Golf course planned for Bartlett Park and stated he would keep Council informed of further discussions with residents of the neighborhood. (4) Pier Plaza Rep He gave a brief status report on Pier Plaza. (5) Police Joint Jurisdiction/Helicopter Program The City Administrator announced the dedication ceremony of the Joint Jurisdictional Helicopter program would be held September 27, 1993 at the Waterfront Hilton Hotel. (City Council) DISCUSSION HELD RE: OFFICE OF CRIMINAL JUSTICE PLANNING GRANT (CAREER CRIMINAL APPREHENSION PROGRAM) PHASE I - BUDGET EXTENSION (340.80) In response to inquiry by Councilmember Leipzig, the Chief of Police clarified the transfer of funds were in response to state grant requirements. (City Council) DISCUSSION HELD RE: SUPPLEMENTAL AGREEMENT NO 9 - G. M. BOSTON COMPANY -HARBOR WATERWAY MAINTENANCE (600.10) In response to inquiry by Councilmember Bauer, staff described source of funding and assured Council that grant funds are pursued. In response to. questions by Councilmember Bauer, the City Treasurer stated the City Treasurer's Office did not have a professional advisor per se, but utilized various brokers and dealers, and then made their own decisions. In answer to further inquiry, he stated a significant amount of moneys were in county agency funds and State of California. 57 Page 4- Council/Agency Minutes - 9/7/93 (City Council) DISCUSSION HELD RE: APPROPRIATION OF FUNDS TO PAY LEGAL EXPENSES TO JAMES H. ACKERMAN IN CONJUNCTION WITH AMERICAN TRADER OIL PILL (600.10) In response to inquiry by Councilmember Moulton -Patterson, the City Attorney referred to a confidential memo provided to Council. (City Council) DISCUSSION: HELD RE: PROPOSED GRANT AGREEMENT WITH HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU INC FOR FISCAL YEAR 1993/94 (600.10) , Councilmember Bauer informed Council he had asked the Conference Visitor's Bureau to review their budget and advise Council what resources were needed to improve their program to encourage tourism. (City Council) DISCUSSION HELD RE: RELOCATION PAYMENT - OIL PIPE LINE AT 19001 HUNTINGTON STREET - (WATER OPERATIONS YARD) - CHEVRON USA (320.45) Discussion was held between Councilmember Bauer and staff regarding the actual costs of moving the oil pipes, as outlined in the staff report. It was suggested when Council considered the item later in the evening, it could be deferred to a later date at which time staff could provide additional information relating to the invoice. (may Council) DISCUSSION HELD RE: HUNTINGTON HARBOUR YACHT CLUB LEASE AGREEMENT - AMENDMENT NO.3 - CITY -OWNED PROPERTY ADJACENT TO WARNER AVENUE FIRE STATION 600.10) Discussion was held between Councilmember Robitaile and staff regarding maintenance of the dock. The Director of Community Services clarified provisions under the agreement that could be invoked if maintenance does not meet City standards. (City Council) DISCUSSION HELD RE: APPROPRIATION FOR DEBT SERVICES - HB PUBLIC FINANCING AUTHORITY (320.20) Councilmember Bauer acknowledged staff has refinanced some city debt, and suggested, since interest rates have once again dropped, that staff consider refinancing city debts once again. (City Council)_ DISCUSSION HELD RE: AMENDMENT NO.2 - ENGINEERING DESIGN SERVICES AGREEMENT - CASH $ ASSOCIATES ENGINEERS INC - RESERVOIR HILL/OVERMYER PUMP STATION COMPLEX - CC-534 (600.10) Councilmember Bauer stated his concern that adequate water pressure be maintained in the event of a major fire in the area. In answer to inquiry from Councilmember Leipzig, staff clarified that funds in question were all earmarked for water projects. 58 I'ugr 5- Council/Agency Minutes - 9/7/93 Councilmember Silva suggested this item be continued to allow staff time to.prepare a report which would answer additional questions from Council. The City Administrator and Assistant City Administrator reviewed several memos they had submitted to Council and requested a decision be made at this meeting. (City Council DISCUSSION HELD RE: WATER MASTER PLAN TASK FORCE - REVISION & UPDATE OF 1988 WATER MASTER PLAN (920.20) Councilmember Bauer stated he would like to serve on the Water Master Plan Task Force.. In response to inquiry from Councilmember Leipzig, staff clarified the responsibilities of the Task Force stating they would be reviewing documents to consider cost and the need to fund such projects. Councilmember Bauer stated the Task Force should also address questions of general policy relating to water supply, planning for water availability and growth, and water quality. In response to Mayor Winchell's inquiry, staff stated they wanted a cross section of the community and a councilmember would be welcomed on the Task Force. (City Council) DISCUSSION HELD RE: PROFESSIONAL SERVICES CONTRACT - COTTON/BELAND ASSOCIATES - PREPARATION OF COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) & ONE YEAR PERFORMANCE REPORT - WAIVER OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENT (610,10) In response to a question by Councilmember Leipzig, staff stated that although the CHAS report was a five year report, it was up -dated each year. In response to inquiry by the Mayor, staff stated that in the future the report could be done in-house, however, this year the report has undergone major revisions because the 1990 census figures were out, plus CHAS has changed the rules, therefor, a consultant was necessary. THE REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY COMMENCED AT 7:00 P.M. PUBLIC COMMENTS Wendy Bollman, representing Wahoo's Fish Taco Family Restaurant, stated Wahoo's purchased a business in the downtown area, but after completing paperwork discovered they needed to provide thirteen parking spaces. Ms. Bollman stated that Wahoo's supported the in lieu parking fee program for the downtown area and requested Council make a decision on the issue and not defer it any longer. Peter Schworer, representing his company Mak'n Waves, distributed a packet to Council. He referred to an article about his company published in the Independent Newspaper. He stated all summer he offered Community Services 20% of the profits, if they allowed his company to operate at the north side of the pier. He stated in 1988 his company was granted a special permit to operate their business and raised approximately $200 per day. Sam Eagle stated he was a personal injury attorney and that fees charged for police reports were too high. He stated that the two tier system was ill conceived. A fee of $35 or $60 was charged, 59 Page 6- Council/Agency Minutes - 9/7/93 depending on whether a death was involved, or if the accident was a major accident. He suggested Council review the City of Seal Beach police report fees: $50 to people living outside of Seal Beach and a lower fee to city residents. He urged Council to reconsider fees charged by the city of Huntington Beach for police reports. (council/Redevelopment Agency) CLOSED PUBLIC HEARING - DECISION CONTINUED TO 10/4/93 - IN -LIEU PARKING FEE FOR DOWNTOWN BUSINESSES - DOWNTOWN SPECIFIC PLAN AREA (340.20) The Mayor announced that this was the day and hour set to consider a decision on the public hearing closed August 16, 1993. The public hearing was held to consider the following: SUBJECT: In -Lieu Parking Fee for Downtown Businesses APPLICANT: City of Huntington Beach Redevelopment Agency LOCATION: Downtown Specific Plan Area PROPOSAL: To approve an in -lieu parking fee for all future requests by downtown businesses within the Downtown Specific Plan Area. The initial rate is $400/year/space. The City Clerk presented a staff report prepared by Community Development. Council discussed whether to continue consideration of the matter or to take action at this time. A motion was made by Silva, seconded by Leipzig, to continue consideration of the proposed in - lieu parking fee for downtown businesses to the City Council meeting scheduled for October 4, 1993 which will allow for consideration of the revised Downtown Specific Plan and Master Parking Plan.. Council directed staff to renotice this item as a public hearing. The motion carried unanimously. (City Council) PUBLIC HEARING - OVERRULED PLANNING COMMISSION - GRANTED APPEAL AND APPROVED. PLANNED SIGN PROGRAM NO. 93-1 - SPECIAL SIGN PERMIT NO.93-24 - OCEAN VIEW PROMENADE - NW CORNER PCH/MAIN The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: SUBJECT: Planned Sign Program No. 93-1/Special Sign Permit No. 93-24 APPLICANT/APPELLANT: Kevin McConnell LOCATION: 101 Main Street (northwest corner of Pacific Coast Highway & Main Street) NE: Downtown Specific Plan, District 3 (Visitor -Serving Commercial) REQUEST: Appeal of condition of approval requiring maximum 19" high letters in lieu of requested 24" high letters for Jack's Surfboards: This condition was imposed by the Planning Commission in their approval of a Planned Sign Program and Special Sign Permit for Ocean View Promenade. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15303, Class 3 of the California Environmental Quality Act. Page 7-'Council/Agency Minutes - 9/7/93 COASTAL STATUS: The project site is located in the Coastal Zone, however, the proposal is exempt from the Coastal Development Permit Processing pursuant to the Huntington Beach Ordinance Code. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. The City Clerk presented a staff report prepared by Community Development. The Mayor declared the public hearing open. Richard Harlow, representing Mr. Abdelmuti owner of the building, presented renderings of the building which depicted the sign in different heights to show the sign requested was not disapportionate to the size of building, In response to inquiry by Mayor VNinchell, Mr. Harlow clarified that Jack was the single sign that would be 24", all other signs would be 19". The City Clerk announced that she had received, and distributed to Council, a communication from Diane Easterling requesting denial of the appeal. There being no one present to speak further on the matter the hearing was closed by the Mayor. Discussion was held regarding the height of the signs for Jack's Surfboards. A motion was made by Silva, seconded by Robitaille, to overrule the Planning Commission decision, grant the appeal and approve Planned Sign Program No. 93-1 and Special Sign Permit No. 93-24 with the following findings and conditions of approval, as amended, as follows: Findings for Approval - Planned Sign Program No. 93-1: 1. The proposed signs reflect a common design element in terms of color, materials, letter style and type. The proposed signs are compatible with the architecture of the building. The proposed signs are consistent with surrounding developments in terms of design, materials and colors. • • • `•• •lffl•11151"M- U • The proposed signs up to 24 inches in height and 83 square feet in area will not adversely affect other signs in the area because they are similar in size, design and location, and are properly scaled to the building. 2. The proposed wall signs will not obstruct pedestrian or vehicular traffic vision. Conditions of Approval - Planned Sign Program No. 93-1/S ec� ial Sign Permit No. 93-24: 1. The site plan, floor plans, and elevations received and dated July 1, 1993 shall be theconceptually approved layout with the following modifications: a. Revise elevations to reflect maximum 19 inch letters for all tenant signs, excluding Jack's Surfboards on Main Street which may be no larger than 24 inches. 2. The written sign criteria dated July 1, 1993, shall be the approved sign program, with the following modification: a. Section 3.e shall be modified to read as follows: .61 Page 8- Council/Agency Minutes - 9/7/93 "No tenant signage shall be permitted above the first floor or on the rear of the building, except one (1), six (6) square foot tenant directory located next to the elevation. The "Oceanview Promenade" sign shall be permitted on the clock tower as noted on the plans dated July 1, 1993." b.. The following items shall be added: 4.a.(7) Returns shall match building color. 4.a.(8) Trim caps shall be compatible with sign and building color. C. Section 4.b(3) shall be modified to read as follows:. "Maximum upper case letter height shall be 24 inches for'Oceanview Promenade"'. d. Delete reference to Jack's Surfboard's in Section 4.b.(4). 3. The signs shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The Planning Commission reserves the right to rescind this special sign permit approval in the event of any.violation of the terms 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 findings. 5. At the time of conversion of multi -tenant suites into single tenant uses, any new signage shall be limited to 19 inches in height. The motion carried by the following roll call vote: AYES: Robitaille, Winchell, Silva, Leipzig NOES: Bauer, Moulton -Patterson ABSENT: Sullivan (City Council) PUBLIC HEARING - ZONE CHANGE NO.92-3 - APPROVED - NEGATIVE DECLARATION NO. 92-34 - APPROVED AS AMENDED - (REZONE FROM TOWNLOT SPECIFIC PLAN TO OFFICE PROFESSIONAL - 309 & 311 17TH STREET (450.20) The Mayor announced that this was the day and hour set for a public hearing to consider the following: SUBJECT: Zone Change No. 92-3/Negative Declaration No. 92-34 APPLICANT/APPELLANT: Jack H. Ellsworth LOCATION:' 309 and 311 - 17th Street ZONE : Townlot Specific Plan -Section B REQUEST: A zone change of an approximately 5,875 square foot area from TLSP-B (Townlot Specific Plan -Section B) to OP (Office Professional) U,) Page 9- Council/Agency Minutes - 9/7/93 ENVIRONMENTAL STATUS: Negative Declaration No. 92-34 was advertised for a twenty-one (21) day public comment period which began on May 13, 1993 and closed on June 2, 1993. COASTAL STATUS: Not applicable Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The City Clerk presented a staff report prepared by Community Development. Staff presented a report on the matter. The Mayor declared the public hearing open. The City Clerk announced the following communications had been received: a letter from Diane Easterling in opposition to the appeal; a letter, drawings and an informal petition, listing approximately 243 signatures in support of the appeal, from the applicant/appellant; a letter from William and Anne Snyder in support of the appeal dated September 2, 1993; a letter from Robert Meier dated September 2, in support of the appeal and a letter from H. C. Volker dated July 21, 1993 in support of the appeal. Ingrid Loos, speaking on behalf of Jack Ellsworth, distributed a packet of information to Council. She clarified that Mr. Ellsworth's appeal was to the Planning Commission's denial of the original requested zone change and that the Planning Commission, on their own, sought a zone change of office professional, which Mr. Ellsworth definitely did not want on his property. She stated there would be less parking problems with a commercial building, that the appeal had the support of the majority of the neighborhood and that a zone change to C2 Commercial would generate revenue for the city. Phil Mazzagatte spoke in opposition to the appeal and asked that no zone change be made that would increase parking or commercial traffic in the neighborhood. Russell Smith stated he wanted to buy Mr. Ellworth's property. He stated he was a general contractor specializing in remodeling. He stated over a year ago he drew up plans for an office, garage area for his equipment and one pick-up truck. The plans did not go through and Mr. Ellsworth decided it would be best to request a zone change and then, after the change hopefully was accepted, Mr. Smith would be able to apply for a permit to build his building. Scott Baugh stated it was only logical to place a commercial zone on the property as it would be consistent with the three commercial buildings next to it. He pointed out that the commercial use Mr. Smith planned for the property would not generate a lot of traffic. There being no one present to speak further on the matter the Mayor closed the public hearing. The City Clerk presented Ordinance No. 3211-B for Council consideration: "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE SECTION 9061 TO PROVIDE CHANGE OF ZONING FROM THE CURRENT ZONING CLASSIFICATION OF TLSP-B (TOWNLOT SPECIFIC PLAN SECTION B) TO C2 (COMMUNITY BUSINESS) ON REAL PROPERTY GENERALLY LOCATED SOUTH OF ORANGE AVENUE, EAST OF 18TH STREET, NORTH OF OLIVE AVENUE AND WEST OF 17TH STREET; ZONE CHANGE 9203 AND NEGATIVE DECLARATION 92-34." A motion was made by Silva, seconded by Bauer, to approve Negative Declaration No. 92-34 and to approve Zone Change 92-3 for C-2 (Community Business) zoning as requested by the 1. applicant with findings and, after reading by title, to approve Ordinance No. 3211-B. 63 Page 10- Council/Agency Minutes - 9/7/93 Discussion was held between Council and staff regarding history of the parcel, parking and possible future uses of the property if zoned commercial. Mitigation measures to control the type of business that could be placed on the property in the future was discussed. The motion made by Silva, seconded by Bauer, was amended to approve Negative Declaration No. 92-34, as amended to include a second mitigation measure that prior to the issuance of any building permits a public hearing shall be conducted to assure compliance with the City's Ordinance Code as follows: Mitigation Measures for Negative Declaration No. 92-34 Impact: Subsequent development of the site under the proposed C2 (Community Business) zoning may potentially result in noise, light and glare and other compatibility impacts to adjacent residential units. Miti a ion: Subsequent development of the site, under the C2 zoning, shall be subject to preparation of an initial study to analyze the potential environmental impacts of specific development of the site. The initial study shall be prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) and shall be processed prior to or concurrently with entitlement processing. 2. Prior to the issuance of any building permits a public hearing shall be conducted to assure compliance with the City's Ordinance Code. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Silva, Leipzig NOES: None ABSENT: Sullivan, Robitaille (out of the room) A motion was made by Silva, seconded by Bauer, to approve Zone Change No. 92-3 for C-2 (Community Business) zoning as requested by the applicant with findings as amended and after reading by title approve introduction of Ordinance No. 3211-B; the findings are as follows: Findings for Approval - Zone Change No. 92-3: Although the proposed zone change from TLSP-B (Townlot Specific Plan Section B) to Community Business (C2) does conform with the Land Use Element of the General Plan. 2. The proposed zone change from TLSP-B (Townlot Specific Plan Section B) to Community Business (C2) is consistent with surrounding commercial land uses to the south. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Silva, Leipzig NOES: Winchell ABSENT: Sullivan, Robitaille (out of the room) 64 Page I I- Council/Agency Minutes - 9/7/93 RECESS -RECONVENE The Mayor called a recess of Council at 8:40 P.M. The meeting was reconvened at 8:55 P.M. CONSENT CALENDAR - ITEMS REMOVED) The item pertaining to the payment to Chevron USA for the relocation of an oil pipe line was removed from the Consent Calendar for separate consideration at the request of Councilmember Bauer. At the request of staff the item pertaining to reimbursements for damaged police vehicles was removed from the Agenda. The item pertaining to a request to replace a damaged inspection vehicle within the Building Division was removed from the Agenda at the request of staff. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Silva, second Robitaille, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Leipzig NOES: None ABSENT: Sullivan (Council/Agency) MINUTES - APPROVED - Approved and adopted the minutes of City Council/Redevelopment Agency adjourned regular meetings of June 14, 1993 and June 19, 1993, as written and on file in the Office of the City Clerk. (City Council) OFFICE OF CRIMINAL JUSTICE PLANNING GRANT (CAREER CRIMINAL APPREHENSION PROGRAM) PHASE I - BUDGET EXTENSION - APPROVED - Retained unencumbered balance of $25,000 of fiscal year 1992-93 Phase I C-CAP funds in Acct. #CCAP E- BD-PD-332 through September 30, 1993 for participation in the operation of a multi jurisdictional Crime Analysis Unit (Irvine/Costa Mesa/Newport Beach/Fountain Valley/Seal Beach/Westminster/O.C. Sheriffs Department). (340.80) (City Council) APPOINTMENTS TO HOUSING & COMMUNITY DEVELOPMENT CITIZENS ADVISORY BOARD - (CAB) - APPROVED - JUDITH LEWIS - STAN COHEN - PHIL ZISAKIS - FRANK PUCCILLI - JEFF LEBOW - Approved appointment of two new members, Judith A. Lewis and Stan Cohen to the HCD-Citizens Advisory Board whose terms will expire June 30, 1997 and approved reappointment of three existing members, Phil Zisakis, Frank Puccilli and Jeff LeBow to new terms on the Citizens Advisory Board which will expire June 30, 1997. (110.20) (City Council) SUPPLEMENTAL AGREEMENT NO 9 - APPROVED - G. M. BOSTON COMPANY - HARBOR WATERWAY MAINTENANCE - Approved and authorized execution of Supplemental Agreement No. 9 to the Huntington Harbour Maintenance Agreement between the City of Huntington Beach and G. M. Boston Company in the amount of $42,000 (County pays. one-half share). Amendment 9 provides for contract to be extended automatically each year. (600.10) 5 Page 12- Council/Agency Minutes - 9/7/93 (City Council) SOUTH SHORES ENHANCEMENT AREA - PHASE I - PLANS & SPECIFICATIONS/CALL FOR BIDS - APPROVED - MSC-361- Approved plans and specifications and authorized the Director of Public Works to solicit bids for construction of street improvements in the South Shores Enhancement Area located east and west of Bushard Street, north of Yorktown Avenue, approved sample contract subject to award of contract to the lowest responsible bidder. (Curb, gutter, sidewalk and driveways damaged by tree roots - Perch Circle). (600.50) (City Council) CITY TREASURER DEPT - DESTRUCTION OF RECORDS - APPROVED - RESOLUTION NO.6520 ADOPTED - "A RESOLUTION OF THE CITY COUNCIL OF 170.50THE CITY OF HUNTINGTON BEACH AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." (Exhibits A-1 & A-2 set forth records to be destroyed.) (310.20) (CitXCouncil) CITY TREASURER INVESTMENT POLICY FOR 1993 - APPROVED - RESOLUTION NO 6521 ADOPTED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1993/94." (310.20) (City Council) GRANT AGREEMENT WITH THE HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU INC FOR FISCAL YEAR-1993/94 - APPROVED - Approved and authorized execution of Grant Agreement between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau for Public Relations Services for a nine -month period and authorized release of funds of $129,375. (600.10) (City Council) APPROPRIATION OF FUNDS - APPROVED _-_PAY LEGAL EXPENSES TO JAMES H. ACKERMAN IN CONJUNCTION WITH AMERICAN TRADER OIL SPILL - Approved appropriation of $19,700 to pay most recent quarterly billing to James H. Ackerman, as provided by contract amendment approved by Council on February I, 1993. (600.10) Council) LEASE AGREEMENT AMENDMENT NO. 3 - APPROVED - HUNTINGTON HARBOUR YACHT CLUB - CITY -OWNED_ PROPERTY ADJACENT WARNER AVE FIRE STATION - Approved and authorized execution of Amendment No. 3 to the Lease Agreement with the Huntington Harbour Yacht Club for the purpose of allowing the Huntington Harbour Yacht Club to take over the City's $5,000 per year cost of maintaining the docks in exchange for permission to control the overnight tie-up use at the docks and for the purpose of charging fees. (The Club may, in its reasonable discretion, waive the reservation fee.) (600.10) (City Council) APPROPRIATION FOR DEBT SERVICES - APPROVED - HB PUBLIC FINANCING AUTHORITY - Approved the appropriation of $1,343,000 in the Equipment Replacement Fund for debt services payment in 1993/94 to meet the city's debt service obligation to the Public Financing Authority. (320.20) Citv Council) - ENGINEERING DESIGN AGREEMENT AMENDMENT NO. 2 - APPROVED -_CASH S ASS CIATES ENGINEERS-INC - RESERVOIR HILL/OVERMYER PUMP STATION COMPLEX - CC-534 - Approved and authorized execution of Amendment No. 2 to Engineering Design Services Agreement between the City of Huntington Beach and Cash & Associates Engineers, Inc., for the Reservoir Hill/Overmyer Pump Station Complex, authorized Page 13- Council/Agency Minutes - 9/7/93 the expenditure of $69,712 to Cash and Associates, Inc., for the completion of design services, authorized the expenditure of an amount not to exceed $63,500 for construction support services and approved an amendment to the current year budget by appropriating $48,962 for project construction support services. (600.10) (City Council) TRANSFER THE DIRECTOR OF COMMUNITY DEVELOPMENT TO THE POSITION OF DIRECTOR OF SPECIAL PROJECTS - APPROVED - Approved the transfer of the incumbent Director of Community Development, Michael Adams, to the position of Director of Special Projects. (700.60) (City Council) WA_ TER MASTER PLAN TASK FORCE - APPROVED - REVISION & UPDATE OF 1988 WATER MASTER PLAN - Begin considerations of potential members for the Water Master Plan Task Force and agreed to select the members of the task force at the September 20, 1993 Council meeting in order to keep the plan on track for adoption before the end of 1993. (1000.50) City Council) PROFESSIONAL SERVICES CONTRACT - APPROVED - COTTON/BELAND ASSOCIATES - PREPARATION OF COMPREHENSIVE HOUSING AFFORDABILITY STRATES(CASONE YEAR PERFORMANCE REPORT - WAIVER OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENT - Approved and authorized execution of contract between City and Cotton/Beland Associates in an amount not to exceed $11;100 and authorized waiver of Professional Liability.requirement -Resolution No. 6277.. (600.10) City Council/Redevelopment Aaencv) REQUEST FROM LEAGUE OF CITIES TO JOIN AMICUS CURIAE BRIEF - APPROVED - CITY OF ALHAMBRA v. IKEMOTO - Joined in the amicus brief in the referenced case which questions whether the state has the power to: (1)Divert city property taxes to fund the state's obligation to schools; (2) Divert redevelopment moneys to fund schools; (3) Preempt local authority to impose cigarette taxes. (630.50) (City Council/Redevelopment Agency) REQUEST FROM LEAGUE OF CITIES TO JOIN AMICUS CURIAE BRIEF - APPROVED - ARCADIA REDEVELOPMENT AGENCY vs. IKEMOTO - Joined in the amicus brief in the referenced case which challenges whether redevelopment agencies are constitutionally subject to property tax administration fees. (630.50) (City Council) RELOCATION PAYMENT - OIL PIPE LINE AT 19001 HUNTINGTON STREET - (WATER OPERATIONS YARD) - CHEVRON USA - DEFERRED TO LATER DATE - ADDITIONAL INFORMATION REQUESTED (320.45) The City Clerk presented Council with a communication from the Department of Public Works recommending that Council approve an amendment to the current year budget by appropriating $43,806.01 in UN appropriated Water Reserve Funds for the relocation of 1100 feet of crude oil pipe line that formerly ran through the Water Operations Yard, and approve expenditures in the amount of $43,806.01 to Chevron USA. This item was deferred to a later date by consensus of Council to allow staff time to obtain additional information regarding the costs submitted by Chevron USA. 67 Page 14- Council/Agency Minutes - 9/7/93 City Council) 1993/94 CITY COUNCIL GOALS & OBJECTIVES -APPROVED (120.30) The City Clerk presented a communication from Administration transmitting the City Council goals and objectives as modified to incorporate comments by the City Council. The,City Administrator presented a verbal staff report. Councilmember Bauer spoke regarding the need for Department Heads and employees to set their goals. Following discussion, a motion was made by Leipzig, seconded by Moulton -Patterson, to adopt the 1993/94 City Council Goals and Objectives as modified. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Leipzig NOES: None ABSENT: Sullivan (City Council) AGREEMENT BETWEEN THE CITY AND EMPLOYMENT SYSTEMS INC - APPROVED - SUPPLY AMBULANCE OPERATOR PERSONNEL TO THE CITY (600.10) The City Clerk presented a communication from the Fire Chief regarding the need for the personnel services of certain persons to perform the duties of Ambulance Operator/Fire Intern. The Fire Chief presented a staff report. Following discussion, a motion was made by Bauer, seconded by Robitaille, to approve and authorize execution of a contract between the City and Employment Systems, Inc., to supply personnel to the City in an amount not to exceed $475,000. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Leipzig NOES: Silva ABSENT: Sullivan (City Council) AMENDMENT NO.5 TO ARCHITECTURAL LANDSCAPE AGREEMENT - APPROVED - BLUFF TOP NORTH BEACH IMPROVEMENTS - PURKISS ROSE (600.10) The City Clerk presented a transmittal from the Department of Public Works of proposed Amendment No. 5 to the Architectural Landscape Agreement between the City and Purkiss Rose for the design of Bluff Top Park improvements. The Director of Community Services presented a verbal staff report. Following discussion, a motion was made by Leipzig, seconded by Moulton -Patterson, to approve and authorize execution of a fifth amendment (Exhibit "A") with Purkiss Rose - rsi; thereby authorizing the preparation of plans and specifications for: (A) Design of bike/pedestrian under crossing at Goldenwest and Eleventh Streets, (B) construction of a pedestrian trail along the bluffs between Ninth and Goldenwest Streets, (C) the removal and replacement of old retaining walls along the bluffs between Ninth and Goldenwest Streets. The cost of this amendment will not exceed $65,850. The motion carried by the following roll call vote: J tq19 Page 15-. Council/Agency Minutes - 9/7/93, AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Leipzig NOES: None ABSENT: Sullivan (City Council/Redevelopment Agency) 1993/94 AGENCY/CITY OPERATIVE AGREEMENTS - APPROVED - REDEVELOPMENT PROJECT AREAS - MAIN-PIER/TALBERT- BEACH/OAKVIEW/YORKTOWN-LAKE/HUNTINGTON CENTER (600.30) . The City Clerk presented a communication from Economic Development and Administrative Services transmitting Operative Agreements between City and Agency. The Director of Administrative Services gave a slide presentation and distributed a packet of information to Council. A motion was made by Bauer, seconded by Moulton -Patterson to approve and authorize execution of the following Operative Agreement Amendments for fiscal year 1993/94: Amendment Project Area Number Increased/( Decreased ) Debt to City Main/Pier 12. $4,786,720 Talbert/Beach 12 161,440 Oakview 12 (74,610) Yorktown/Lake 11 27,396 Huntington Center 11 (112,385) Total Increase $4,788,561 The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Leipzig NOES: None ABSENT: Sullivan (City Council) CENTRAL LIBRARY EXPANSION PROJECT - GENTOSI BROS. CONTRACTORS - CC-740 - APPROVED - INCREASE IN CHANGE ORDER AND SUPPLEMENTAL BUDGET (600.80) The City Clerk presented a communication from the Library Services Director and the Public Works Director regarding the need to increase the Change Order and Supplemental Expenditure Budgets for Phase I of the Central Library Expansion Project in order to complete the project. The City Administrator informed Council they had been provided with a report titled "Potential Funding Sources -Library Expansion Project' dated September 7, 1993. The report recommended the following potential funding sources for the $172,000 additional funding needed for Phase I of the Library Expansion Project: Library Support Groups, Certificates of Participation Funds, Park Acquisition and Development Fund and General Fund. Discussion was held between Council and staff regarding the potential funding sources. A motion was made by Leipzig, seconded by Moulton -Patterson, to: 1. Increase the authority to approve Change Order budget from $291,500 to $583,000. 69 Page 16- Council/Agency Minutes - 9/7/93 2. Increase the authority to approve Supplemental Expenditures from $15,000 to $58,000. 3. Approve an appropriation of $172,013 for these additional contract expenditures, appropriation of $60,000 to be requested from the Library Support Groups and $112,000 from Certificates of Participation Funds. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Leipzig NOES: Silva ABSENT: Sullivan On motion by Silva, second Leipzig, Council adopted Ordinance Nos. 3203, 3205, 3206 and 3207, after reading by title, by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Leipzig NOES: None ABSENT: Sullivan (City Council) Ordinance No. 3203 - Adopted - Adds New Chapter 17.72 - Covenants of Easement (640.10) "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH 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." (City Council) Ordinance No. 3206 - Adopted - Regulation of Health Standards (640,10) "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." (City Council) Ordinance No. 3206 - Adopted - Enforcement Penalties - Misdemeanor infractions "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9022 PERTAINING TO ENFORCEMENT PENALTIES. (City Council) Ordinance No. 3207 - Adopted - General Penalty -Enforcement - Misdemeanor Infractions "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 1.16 PERTAINING TO GENERAL PENALTY -- ENFORCEMENT." 70 Page 17- Council/Agency Minutes - 9/7/93 (City Council) DISCUSSION RE: PRESENTATIONS FOR RETIRING EMPLOYEES Councilmember Robitaille suggested that more than a wooden plaque be given as recognition to an employee retiring after 20, 25 or 30 years of service to the City. The City Administrator stated he would review the matter and report to Council in his weekly City Administrator's Report. Councilmember Bauer referred to a communication he had received from a group of Mayors in southern.part of Orange County regarding a Joint Powers Authority for El Toro Marine Corp Air Base. Following discussion, it was the consensus of Council to direct Rich Barnard to gather information and report to Council regarding the issue. (City Council) DISCUSSION RE: VISITORS FROM SISTER CITY ANJO, JAPAN - ITINERARY REQUESTED Councilmember Bauer referred to a letter from Anjo, Japan stating that high ranking businessmen will be visiting the City of Huntington Beach on September 24, 1993. He requested an itinerary of activities planned for their visit. (City Council) REQUEST VIDEO TAPE OF THIS MEETING BE REVIEWED RE: PUBLIC COMMENTS - IMPLIED THREATS TO COUNCILMEMBERS Counci[member.Bauer stated his concerns and concerns expressed by citizens in the downtown area who feel threatened by groups of people. He requested staff review the public comments portion of the video tape of this meeting regarding implied threats to Councilmembers. Councilmember Moulton -Patterson stated her concerns. The City Administrator stated the matter was taken seriously and meetings had been held between staff and the Chief of Police. The City Administrator stated he would prepare a report for Council regarding the group, what they are doing and what can be done about it. (City Council) REPORT REQUESTED - POLICY SALE OF SOUVENIRS AT PIER Councilmember Leipzig referred to a request by Peter Schworer during the Public Comments portion of the meeting to sell photographs (Fiberglass Wave) at the pier with a portion of the proceeds to be given to the City as revenue. Councilmember Leipzig suggested additional items imprinted with the City logo, such as caps, could be sold to tourists. Mayor Winchell requested staff provide Council with the City's policy and procedures governing selling items with a return of the profits to the City. (City Council) SAN JOAQUIN TRANSPORTATION CORRIDOR COMMITTEE Mayor Winchell stated the City Council had been invited to appoint a Councilmember to the San Joaquin Transportation Corridor. It was the consensus of Council that Councilmember Leipzig 71 Page 18- Council/Agency Minutes - 9/7/93 Would provide a schedule of meetings to the Assistant to the City Administrator, which he would give to Councilmember Sullivan with a request to serve on the committee. (City Council) REPORT REQUESTED - FEE FOR POLICE ACCIDENT REPORTS Mayor Winchell requested the City Administrator to provide Council with information regarding fees charged for Police Department accident reports. (City Council) WATER MASTER PLAN TASK FORCE - BAUER/ROBITAILLE TO REPORT/RECOMMEND CONFIGURATION Following discussion, Mayor Winchell requested Councilmembers Bauer and Robitaille to meet with staff, and return to Council with a recommendation regarding the configuration of the Water Master Plan Task Force Committee. COUNCIL/AGENCY ADJOURNMENT Mayor Winchell adjourned the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, September 13, 1993 at 4:30 P.M., in the Fourth Floor Conference Room, Civic Center, Huntington Beach, California. Clerk of the Redevelopment A cy, and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City Clerk Mayor �1