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HomeMy WebLinkAbout1993-10-25MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, October 25, 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 4:50 p-m. CITY COUNGILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Winchell, Silva, Sullivan, Leipzig, Robitaille (arrived 6:00 p.m.), Moulton -Patterson (arrived 6:25 p.m.) ABSENT: Bauer STUDY SESSION - UPDATE ON CITrS INFORMATION SYSTEMS - ACQUISITION AND IMPLEMENTATION Robert Franz, Deputy City Administrator, Administrative Services, presented a staff report with slides on the city use of computers, networking and timetable of current automation projects. A communication dated October 25, 1993 entitled City Council Study Session City Use of Computers was distributed. Tim BtF", GIs Technician, presented a staff report on the Geographic Information System (GIS). Du p%�L's, 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 - Police and Fire Association - Meet and Confer. The Chairman called a closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations with private builders (sealed bids submitted) concerning the purchase/sale/exchange/lease of the property located at 501 Main Street, commonly known as the Town Square Project. RECESS -RECONVENE The Mayor called a recess of Council at 5:30 p.m. The meeting was reconvened at 6:00 p.m. in the City Council Chamber. 115 x� Page 2 - Council/Agency Minutes - 10/25/43 A videotape recording of this meeting is on file in the City Clerk's Office. FLAT CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony, pledge of allegiance and invocation were presented by Boy Scout pack 404 Webelos, Eagle Patrol from Harbor View, Hope View and Circle View Schools, Huntington Beach, leader Helen Dawes. Ron Shenkman, Rainbow Disposal Company Representative, presented a check for $5,000 to Mayor Winchell which is part of a $25,000 pledge for Rebuilding the Municipal Pier. Mayor Winchell presented a Certificate of Achievement for Excellence in Financial Reporting to Robert Franz, Deputy City Administrator, Administrative Services. The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments, given by the Government Finance Officers Association, Washington, D-C. Mary Shebell, Allied Arts Board Chairman, Bob Goodrich, Huntington Beach Art Center Foundation Chairman, Don Jankowiak, Diana Casey, Mary Harris and Gerald Chapman, Art Center Patrons, presented a check for $75,000 to Mayor Winchell for the Art Center Fund. The donation includes the proceeds of the GTE The Everything Pages Summer Classic and private contributions from residents and businesses as part of the Patrons Program. PUBLIC COMMENTS Dgn Hunter, Mobile Home Consumer Advocate, stated that many laws have been written regarding mobile homes but are not followed by mobile home park owners. He stated that mobile home owners need direction, assistance and help in resolving problems with the park owners. He spoke in support of a Mobile Home Review Board. Ron Laramie, Huntington Beach Mobile Home Owners Association President, requested that members of the Mobile Home Review Board be selected to represent both the mobile home park owners and mobile home owners. He also requested a two year term limit for the board; that members be residents of the city for over two years; and a board or arbitration group be established to arbitrate disputes. 116 Page 3 - Council/Agency Minutes - 10/25/93 COUNCIL LIAISON REPORT ON SANTA ANA RIVER AGENCY MEETING - REGARDING FLQQD PLAIN HOME INSURANCE Councilmember Silva, Santa Ana River Agency representative, reported on a trip to Washington D.C. on October 18 and 19, 1993 to meet with the Army Corps of Engineers regarding insurance requirements for homes located in the flood plain and stated that he should have more to report in the future_ $UMMARY REE!QRITO BE PREPARED ON THE LEAGUE OF CALIFORNIA CITIES MEETING The City Administrator stated that a summary report on the League of California Cities meeting last week would be prepared for the November 1, 1993 meeting including activities on the state level. SANTA ANA RIVER BRIDGE CROSSINGS MEETINQ SCH9DULED The City Administrator reported that a meeting regarding the Santa Ana River Bridge Crossings is to be held November 1, 1993. COMMUNITY OUTREACH MEETINQ SCHEDULED The City Administrator announced the second Community Outreach meeting scheduled for October 30, 1993 from 8:30 a.m. to 3:00 p.m. at the Huntington Beach High School Band Room at 1905 Main Street. QUARTERLY BUDGET REP,QRI FIRST QUARTER SUMMARY-1993194 GENERAL_F!INQ BUDGET (320.20) The City Administrator presented a report using slides regarding the first quarter fiscal report, revenue summary, changes to revenue estimates, expense summary, expense reductions and new revenues. A communication dated October 25, 1993, entitled 1993/94 Budget General Fund was distributed to the City Council. CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Sullivan) final payment to Chevron USA for relocation of oil pipe line, approval of loan documents and borrowers Down Payment Assistance Program, and Brisas del Mar second trust deed program. QISCUSSION RF.; BIJDgET AMENDMENT - FINAL PAYMENT TO CHEVRON USA - RELOCATION OF OIL PIPE LINE AT 19001 HUNTINGTON STREET - WATER OPERATIQNS YARD (320.45) Councilmember Sullivan requested that the item regarding the final payment to Chevron USA for relocation of oil pipe line be continued to the next meeting as Councilmember Bauer is absent and he had expressed concerns on this item. r� 17 Page 4 - Council/Agency Minutes - 10/25/93 DISCUSSION RE: RESOLUTION NO.6535 - COMMERCIAL REHABILITATION PROGRAM GUIDELINES - WEST SIDE OF BEACH BOULEVARD BEWEEN,WARNER AVENUE AND INDIANAPOLIS AVENUE - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) (600.15) .lames Lamb, Economic Development Program Manager, presented a staff report regarding commercial rehabilitation facade improvements proposed for the west side of Beach Boulevard from Warner Avenue on the north to Indianapolis Avenue on the south. He presented a revised map entitled City of Huntington Beach Block Grant Program Enhancement Areas to Council and presented slides of proposed commercial sites that would be eligible for the program. Discussion was held by Council and staff regarding a small amount of money to be allocated for a broad geographical area, use of funds for infrastructure improvements and funding source. PUBLIC COMMENTS - CONTINUED Vickie Talley, spoke in opposition to the Mobile Home Review Board. She requested the Council reconsider, postpone appointments to the committee and have residents and owners work together to discuss issues on a park by park basis. Ms. Talley stated she had prepared a memorandum and would give it to the City Administrator for distribution. Martin Baird, Huntington -By -The -Sea Mobile Home Park resident, spoke in support of the Mobile Home Review Board. He spoke regarding apartment rents going down, mobile homes held hostage on the land and thirty-two empty homes or lots in the park in which he lives. He stated that he had distributed a video tape to each Councilmember and a communication prior to the meeting. Rod Jones spoke in support of the Community Development Block Grant Program. (CCii y Council) ADMINISTRATIVE HEARING - RESOLUTION NO, 6§26 ESTABLISHING CITY FEE SCHEDULE - (PARKING METERS-FgES-RESIDENTIAL PARKING PERMITS) - STAFF DIRECTE TO MEET WITH RESIDENTS IN SUPPORT OF THE PARKING METER PROGRAM - TABLED - NO ACTION TO BETAKEN (340.20) The Mayor announced that this was the day and hour set for a public hearing to consider a parking management plan for the downtown residential zones. The City Clerk presented Resolution No. 6626 for council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 519 ENTITLED 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE.' (SUPPLEMENTAL FEE RESOLUTION NO.45)." The Community Services Director presented a staff report using slides and stated that the issue has been reviewed by a staff parking committee with members from the Community Development Department, Community Services Department, Economic Development Department, Police Department and Public Works Department. Mayor Winchell requested a legal opinion from the City Attorney. .it�� Page 5 - Council/Agency Minutes - 10/25/93 The City Attorney responded that if the Council did not wish to continue with the action, the item could be tabled. The City Clerk presented a report stating that she had received seventeen forms in opposition to the program and five forms in support of the program. She also stated that a letter was received today in support of the program with reservations from Dan Ramos, dated October 15, 1993, and a petition with approximately one hundred five signatures in opposition to the program was received and distributed to Council. Communications were received and copies provided to Council from Jan Wichmer, Eileen Murphy, Robert Gonzales, Daniel and Marion Lucero, Craig Elrod, Tai Huoh, Clifford and H. Arlene Bonner, Terry Guthrie and Elizabeth Rhodes. Legal notice as provided to the City Clerk's Office by staff had been published, and posted. No further communications or written protests were received on the matter. Following discussion by Council and staff, Council directed that staff meet with people who want the parking meters and determine if there are other ways to salve the problem. A motion was made by Moulton -Patterson, seconded by Leipzig, to table the item relating to a parking management plan for the downtown residential zones. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: Bauer Ken Walsh spoke in support of the parking meters on Twenty -Second Street between Pacific Coast Highway and Walnut Avenue and requested the name of a person at City Hall to contact. The City Administrator directed Mr. Walsh to contract the Community Services Director to work with him on solutions to the problem. The City Clerk announced that a petition containing approximately two thousand nine hundred and thirty-one (2,931) signatures and a letter was submitted to her following the closing of the public hearing and requested Council permission to make the petition a part of the official record. The Mayor approved including the petition as part of the public record. (City Cojjnci PUBLIC HEARING - IN -LIEU PARKING FEE FOR DOWNTOWN BUSINESSES - DOWNTOWN SPECIFIC PLAN AREA - RE (340.20) The Mayor announced that this was the day and hour set for a public hearing to consider an in -lieu parking fee for downtown businesses. The City Clerk presented Resolution No. 6522 for council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON EACH ESTABLISHING A NEW IN -LIEU FEE FOR PARKING." A communication was distributed to the City Clerk and Council by the City Administrator's Office from Jim Otterson, Traffic Engineer, dated September 10, 1993 entitled Parking Structure Costs, Terry Buick Lot, Block 104. 1 Page 6 - Council/Agency Minutes - 10/25/93 SUBJECT: In -Lieu Parking Fee for Downtown Businesses APPLICANT: City of Huntington Beach/Huntington Beach Redevelopment Agency LQCATION: 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 in $400/year/space. ENVIRONMENTS STATUS: Not applicable Legal notice as provided to the City Clerk's Office by staff had been published, and posted. No further communications or written protests were received on the matter. Keith Bohr, Assistant Project Manager, presented a staff report using slides. Discussion was held by Council and staff regarding businesses eligible for the in -lieu fee, change in business uses, use of Terry Buick property for parking facility, remodeling and expansion of existing businesses. The Mayor declared the public hearing open. The City Clerk announced that a communication in opposition to the in -lieu fees on behalf of the Main Pier Phase 11 Partnership (Eldon Bagstad, Frank Cracchiolo, Gary Mulligan, Ann Mase, George Draper, Frank Alfonso, and Jon Coultrup) dated October 21, 1993, entitle In -Lieu Parking Plans Affect on Main Pier 11 was distributed to Council. James L. ne spoke in opposition to the proposed in -lieu parking plan being approved prior to adoption of the Downtown Specific Plan and the Downtown Parking Master Plan. He stated that a consistent policy should be established and that he does not think the Terry Buick site would be a good site for a parking facility. Suzanne Beukeme, Main Street Cafe owner, spoke regarding the proposed addition of a five -hundred square foot storage and refrigeration area to her restaurant. She spoke in opposition to the additional in -lieu parking requirement due to the increase in the square footage of her establishment for the storage area. Scott Hess, Senior Planner, reported that the fees are based on the requirement of one parking space for every one -hundred square foot of restaurant space and that the business owner could pay the in - lieu parking fee or apply for a variance. Tony Nottke spoke regarding recent increases in fees, laws and regulations which have a negative effect on businesses. Bryan Bridges spoke regarding a perceived anti -business climate in the city with favoritism shown to some developers. He stated that the city should be concerned with the impact of the number of people not square footage of a business. 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. t0 Page 7 - Council/Agency Minutes - 10/25/93 The Assistant City Administrator stated that a memo regarding a parking facility on the Terry Buick lot was distributed to Council. Councilmember Robitaille commented on this item as it would relate to the California Coastal Commission review. Motion Tied to Continue Decision Until Public Hearing_ He-W-on the Downtown Perking Master Plat A motion was made by Sullivan, seconded by Robitaille, to delay consideration of the fee establishment until the public hearing is held regarding the shared parking concept. The motion failed by the following roll call vote: AYES: Robitaille, Winchell, Sullivan NOES: Moulton -Patterson, Silva, Leipzig ABSENT: Bauer Re�iQn No. 6522 - Adopted, go Amended A motion was made by Leipzig, seconded by Silva, to adopt Resolution No. 6522 as amended by the wording of the resolution provided by staff at the meeting and approve the it -lieu parking fee ($4001yearlspace - initial rate) for all future requests by downtown businesses within the Downtown Specific Plan area. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Leipzig NOES, Robitaille, Sullivan ABSENT: Bauer Staff Directed to Prepare„ Repgrt for November 15, 1993 A motion was made by Leipzig, seconded by Winchell, to request a staff report be prepared for the November 15, 1993 meeting to include the following points: 1. Incorporate all points on transparencies in Keith Bohr's report. 2. In -Lieu fees will be available with a Conditional Use Permit. 3. Expanded uses for expanded needs for parking spaces. Following discussion by Council and staff, the motion and second were withdrawn and the report will be prepared for the November 15, 1993 meeting. RECESS - RECONVENE The Mayor called a recess of Council at 9:20 p.m. The meeting was reconvened at 9:30 p.m. 12 1 Page 8 - Council/Agency Minutes - 10/25/93 (City Council) PUBLIC HEARING - BUSINESS LICENSE RENEWAL FEE - REVISIONS TO THE CITrS COMPREHENSIVE FEE SCHEDULE - RESOLUTION NO. 653"ADOPTED AS AMENDED (340.20) The Mayor announced that this was the day and hour set for a public hearing to consider revisions to the city's Comprehensive Fee Schedule regarding business license renewal fees. The City Clerk presented Resolution No. 6539 for council adoption - "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. 46)" Robert Franz, Deputy City Administrator, Administrative Services, presented a staff report using slides regarding revenue losses to the state during the recession, balancing the 1993/94 budget, city shortfall solutions during the recession, general fund expense reductions, new revenue sources - 1993/94, proposed business license renewal fee and business license processing fees. 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. Ryan Bridges spoke in opposition to the proposed business license fee stating that businesses are leaving the state due to all the new taxes and fees. Tony Nottke spoke in opposition to the proposed business license fee stating that small and medium sized businesses would be most affected by this fee_ Steve Anderson asked if the city used base line budgeting and how are savings determined? Robert Franz, Deputy City Administrator, Administrative Services, responded that the city uses the last year's budget plus contractual increases and does not use base line budgeting. 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. Following discussion by Council and staff a motion was made by Sullivan, seconded by Moulton - Patterson, to adopt Resolution No. 6539 as amended to provide a $6 per year Business License renewal fee and a $10 per year Business License Application Fee. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Silva ABSENT: Bauer 122 Page 9 - Council/Agency Minutes - 10/25/93 On motion by Silva, second Sullivan, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: Bauer, Moulton -Patterson (out of room) (City CouncillRedeveloR�3tAga1&Y)-MINUTErl - APPRQVED - Approved and adopted minutes of Council/Agency regular meetings of May 3, 1993 and July 19,1993 as written and on file in the Office of the City Clerk. (CLtyCouncil) FOURTH OF JULY BOARD APPOINTMENTS - PAT STIER._AUSTIN HILL, BOB TRAVER. PAM JULIEN. DAVE GAROFALO AND REAPPOINTMENTS OF JOAN-MUNOZ AND DIANA MCCARTER - APPROVED (110.10) - Approved the following appointments to the Fourth of July Board: Pat Stier for the remainder of Brooke Plunkett's term which expires August 31, 1994; &Ustin Hill for the remainder of Merle Cade's term which expires August 31, 1994; Bob Traver for the remainder of Gary Heximer's term which expires August 31, 1995; Pam Julien for the remainder of Jud Rodriquez's term which expires August 31, 1994; Dave Garofalo for the remainder of Ken Rosser's term which expires August 31, 1995 and approved the reappointment of Joan Munoz and Diana McCarter to the Fourth of July Board for the term, September, 1993 to August, 1995. (City Council) PARCEL MAP NO.90-353 -MEADOWLARK - PACIFIC DEVELOP-MENT_GROUP _ 5141 WARNER AVENUE - APPROVED (420.70) - Approved Parcel Map No. 90-353 with a finding that the Parcel Map is in substantial conformance with the tentative map previously approved by the Zoning Administrator on January 8, 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) PARCEL, MAP NO.92-228_--MEADOWLARK - PACIFIC DEVELOPMENT GROUP - 5141 WARNER AVENUE - APPROVED (420.70) - Approved Parcel Map No. 92-228 with a finding that the Parcel Map is in substantial conformance with the tentative map previously approved by the Zoning Administrator on April 21, 1993 and instructed the City Clerk to affix her signature to the map and to release the map to the county for processing. Citv C STREET OVERPASS AT SAN DIEGO FREEWAY - OC FLOOD CONTROL DISTRICT -- APPRQVED (600.25) - Approved an amendment to the current year budget by appropriating $36,917.87 in Unappropriated Water Reserve Funds and authorized payment to Orange County Flood Control District as final payment for the relocation of the 22-inch Water Transmission Line located in Newland Overpass at the San Diego Freeway. (City Council) BUDGET AMENDMENT - TRANSFER OF STANDARDS AND TRAINING FOR C RR G T - TO JAIL TRAINING ACC9UNT - APPROVE (320.45) - Approved an amendment to the current year budget by appropriating $8,075 from the Standards and Training for Corrections (STC) Grant Fund Account to the Jail Training Account (E-GJ-PD-335-540-00). (State mandated training for detention officers.) 123 Page 10 - Council/Agency Minutes - l OM/93 (City Council/RadM[o ent gency) REVISED OPERATIVE AGREEMENTS BETWEEN CITY AND REDEVELOPMENT AGENCY- MAINIPIER. TALI3ERTIBEACH, OANVIEW. YORKTOWNILAKE. HUNTINGTON CENTER - REDEVELOPMENT PROJECT AREAS - APPROVED (600.30) - Approved and authorized execution of the revised operative agreements between the city and the Redevelopment Agency for the five redevelopment project areas (Main/Pier, Talbert/Beach, Oakview, Yorktown/Lake, Huntington Center). (City Council) LEASE AGREEMENT RENEWAL — JACK CLAPP DBA DYMIGHTS BEACH CONCESSION - APOROVEQ (600.26) - Approved and authorized execution of a lease agreement between the city and Jack K. and/or Jeanette R. Clapp, H/W, dba "Dwight's Beach Concession". Five year lease with three five year options if mutually agreed by the concessionaire and the City Council. (Cilly C ncil) RESOLUTIOtJ b1O. 6SZ4 - CHANGE NAME OF STREET FROM TIODIZE CIRCLE TO JASON CIRCLE - ADOPTED (800.70) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE CHANGE OF A STREET NAME FROM TIODIZE CIRCLE TO JASON CIRCLE." (City E I N L SERVICE AGREEMENT - MONIGOMERY WATSON AMERICAS, INC. - INVESTIGATION AND PRELIMINARY DESIGNS - OVERMYER RESERVOIR RENOVATION - CC-896 - APPROVED (600.10) - Approved the selection of Montgomery Watson Americans, Incorporated to perform the Investigation and Preliminary Design Services (Phase 1) for the Overmyer Reservoir Renovation, CC-896, approved and authorized execution of consultant agreement, and authorized the expenditure of a fee not to exceed $95,645 ($83,170 plus 15% for anticipated change orders) to Montgomery Watson for Preliminary Design Services for CC-896. (City Council) NOTICE OF COMPLETION - CENTER.AVENUE WIDENING AT 1-405._FREEWAY - GRIFFITH COMPANY - CC-725 - APPROVED (630.10) - Accepted the improvements and authorized the City Clerk to file the Notice of Completion for the construction of street improvements along Center Avenue at the on/off ramp, 1405 Freeway, CC-725, at a final contract cost of $193,007.91. [City Council) MAIN PROMENADE PARKING STRUCTURE BUDGET REVISIONS - APPROVED (320.45) - Approved amendments to the fiscal year 1993/94 budget to increase Program No. 344 by $49,946 in the following areas for the Main Promenade Parking Structure by utilizing the General Fund Unappropriated Fund Balance: $11,946 Account No. E-AA-CS-344-2-17-00, $18,000 Account No_ E-CZ-CS-344-6-31-00, $10,000 Account No. E-AA-CS-344-3-90-00, $10,000 Account No. E-AA- CS-344-5-59-00. 124 Page 11 - Council/Agency Minutes - 10/25/93 (City Council) AUTHORIZE OFFICIALS HOME MORTGAGE REVENUE BONDS HOME MORTGAGE REVENUE BONDS 1983 SERIE3S A - RESOL11TION NQ. 6536 -ADO TED ((630.10) -"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING SIGNATURES FOR HOME MORTGAGE REVENUE BONDS, 1983 SERIES A." - Authorized Mayor Grace Winchell, City Administrator Michael Uberuaga, Assistant City Administrator Ray Silver, Treasurer Don Watson, Chief of Administrative Services Robert Franz and Director of Finance Dan Villella to execute bond documents. (Updates previous resolution of city officers authorized to sign documents on behalf of city relative to HMRB 1983 - Series A) (City Council) OFFICE OF CRIMINAL JUSTICE PLANNING GRANT (CAREER CRIMINAL APPREHENSION PROGRAM) MULTI -JURISDICTIONAL CRIME ANALYSIS UNIT (CAU)= CONTRACT FOR COMPUTER CON LTIN - PAUL R. GILON PH.D - APPROVED (600.10) - Approved and authorized execution of Professional Services Contract between the City of Huntington Beach and Paul R. Gilon, Ph.D. for Consulting Services in Computer Consulting and Training in order to provide for the continuity of the operation of a multi jurisdictional Crime Analysis Unit (CAU) at a fee not to exceed $13,000. (Cities of Irvine, Costa Mesa, Newport Beach, Fountain Valley, Seal Beach, Westminster and the Orange County Sheriffs Department.) {City Council) RESOLUTION NO. 6538 - AUTHORIZING DESTRUCTION OF RECORDS -_CITY TREASURER'S OFFICE -ADOPTED (170.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." (Accounts Receivable Records 1971-76, Pages 1-68) (City_Council) YOUTH BOARD APPOINTMENT - OCEAN VIEW HIGH SCHOOL - CHRISTIE_LEE - APPROVED (110.20) - Appointed Christie Lee as the Ocean View High School representative on the Huntington Beach Youth Board for the 1993-94 term. (9ft Councill) BUDGET AMENDMENT - FINAL PAYMENT TO CHEVRON USA - RELOCATION OF OIL PIPE LINE AT 19001 HUNTINGTON STREET - WATER OPERATIONS YARD - CONTINUED TO NOVEMBER 1, 19933 (320.45) The City Clerk presented a communication from the City Administrator relating to the relocation of an oil pipeline at 19001 Huntington Street (Water Operations Yard). A motion was made by Sullivan, seconded by Winchell, to continue the decision regarding the final payment to Chevron USA for relocation of an oil pipe line at 19001 Huntington Street to the November 1, 1993 in order to address concerns expressed by Councilmember Bauer who was unable to attend the meeting. The motion carried by the following roil call vote: AYES: Robitaille, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: Bauer, Moulton -Patterson (out of room) 125 Page 12 - Council/Agency Minutes - 10/25/93 (City Council) APPROVAL OF DOCUMENTS AND BQRROWERS - DOWN PAYMENT ASSISTANCE PROGRAM - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RESOLUTION NO. 6537 - AD AMENDED APPLICATION INFORMATION (340.70) The City Clerk presented Resolution No. 6537 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION BY THE DIRECTOR OF ECONOMIC DEVELOPMENT OF LOAN AGREEMENTS FOR LOANS FUNDED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM." Following discussion by Council and staff a motion was made by Sullivan, seconded by Silva, to, - Adopt Resolution No. 6537, and 2. Approve and authorize the use of the attached Loan Agreement, form of Note and Deed of Trust as prepared by the City Attorney and to be prepared individually for each approved borrower in the Down Payment Assistance Program, and 3. Approve and authorize execution of the appropriate documents and payment of the appropriate funds to the recommended participants in the Down Payment Assistance Program and deny one application from a non -first time buyer as listed in Attachment No. 1 of the Request for Council Action dated October 25, 1993, and 4. Directed that the person applying for a loan submit past three years Federal Tax returns to the city and each occupant no matter what age submit a tax form for the past year. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: Bauer, Robitaille (out of room) (City Council/Redevelopment Agency) BRISAS DEL MAR - S€COND TRUST, DEED PROGRAM - RESOLUTION NO. 244 - 409 _UTICA AVENUE - CONTINUED TO NOVEMBER 11. 1993 (340.70) The City Clerk presented Agency Resolution No. 244 for Council adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION BY THE DIRECTOR OF ECONOMIC DEVELOPMENT OF LOAN AGREEMENTS FOR LOANS FUNDED BY HOUSING SET ASIDE MONIES." Following discussion by Council and staff a motion was made by Sullivan, seconded by Leipzig, to continue consideration of the Second Trust Deed Program to November 1, 1993 and for Councilmembers Sullivan, Leipzig, and Winchell to meet with staff to clarify questions. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: Bauer, Robitaille (out of room) 126 Page 13 - Council/Agency Minutes - 10/25/93 (City Council) RESOLUTION NO.6535 - COMMERCIAL REHABILITATION PROGRAM GUIDELINES - WEST SIDE OF BEACH BOULEVARD BETWEEN WARNER AVENUE AND INDIANAPOLIS AVENUE - REFERRED TO COMMUN11Y DEVELOPMENT BLOCK GRANT CITIZEN'S ADVISORY BOARD FOR REVIEW - CONTINUED TO DECEMBER 6.19933 (600-15) The City Clerk presented Resolution No. 6535 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION BY THE DIRECTOR OF ECONOMIC DEVELOPMENT OF COMMERCIAL REHABILITATibN AGREEMENTS FUNDED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM." James Lamb, Economic Development Project Manager presented a staff report. Following discussion a motion was made by Winchell, seconded by Sullivan, to refer the Commercial Rehabilitation Program Guidelines to the CDBG Citizens' Advisory Board with a copy of the discussion held by Council for their review of Council's concerns and requested a report be prepared for the December 6, 1993 meeting. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: Bauer City Council) LEASE - RUBY'S DINER. INCORPORATED - HUNTINGTON BEACH PIER RESTAURANT - COFFEE SHOP - BAITITACKLEISNACK SHOP - RETAIL APPR9YED (600.35) The City Clerk presented a communication from the City Administrator regarding Ruby's Pier Concession Lease. Robert Franz, Deputy City Administrator, Administrative Services, presented a staff report - Following discussion by Council a motion was made by Silva, seconded by Moulton -Patterson, to approve the lease between the city and Ruby's Diner, Incorporated for the lease of three buildings to be constructed by the city on the Municipal Pier for the purpose of operating three concessions, including a combination sit-down, casual food service restaurant, a snack shop, a bait/tackle/snack shop and related retail operations and authorize the Mayor and City Clerk to execute same- The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: Robitaille ABSENT: Bauer (City Council) FORMATION OF MOBILE HOME REVIEW COMMITTEE �430.80) The City Clerk presented a communication from the Assistant City Administratorand the Director of Special Projects regarding formation of a Mobile Home Review Committee. The Director of Special Projects presented a staff report. Discussion was held by Council and staff regarding composition of the proposed board, application process and length of term. 127 Page 14 - Council/Agency Minutes - 10/25/93 Liaison Appointments The Mayor appointed Councilmembers Bauer, Silva and Sullivan to serve as liaison the Mobile Home Review Committee A motion was made by Sullivan, seconded by Leipzig, to establish a nine member Mobile Home Review Committee for the period January, 1994 to July 1, 1995, to include three mobile home park owners or their managers (with preference to Huntington Beach residents), three Huntington Beach mobile home residents, and three residents of the city without ties to or financial interests in mobile homes; Council liaison committee to review applications and make recommendations regarding appointments to the full council, and directed that the Mobile Home Review Committee report on a quarterly basis to Council with the first quarter report to recommend their goals and objectives to be ratified by Council. The motion carried by the following roll ca11 vote: AYES: Moulton -Patterson, NOES: Robitaille ABSENT: Bauer ORDINANCES FOR ADOPTION Winchell, Silva, Sullivan, Leipzig Ci -Council) ORDINANCE NO. 3212 -ADOPTED - GRAFFITI NDALISM (640.10) The City Clerk presented Ordinance No. 3212 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.10. OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO GRAFFITI VANDALISM." (Includes a reward and ensures prompt removal of graffiti.) A motion was made by Leipzig, seconded by Moulton -Patterson, to adopt Ordinance No. 3212. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Robitaille, Silva ABSENT. Bauer (City Council) ORDINANCE NO.3213 - ADOPTED - RESTAURANT, AMUSEMENT AND ENTERTAINMENT PERMITS (640.10) The City Clerk presented Ordinance No. 3213 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 5.44, PERTAINING TO RESTAURANT, AMUSEMENT AND ENTERTAINMENT PERMITS." (Ensures constitutionality and to better withstand legal challenges.) The City Attorney corrected a typographical error in the ordinance in the section pertaining to 5.44.025 night club patron age restrictions as it is governed by federal law. i �28 Page 15 - Councii/Agency Minutes - 10/25/93 A motion was made by Leipzig, seconded by Moulton -Patterson, to adopt Ordinance No. 3213. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: Bauer 5;eofA I a I-a� Council) - INTRODUCTIQN APPROVED - PROHIBITS TRESPASSING ON SCHOOL GROUNDS (640.10) The City Clerk presented Ordinance No. 3215 for Council introduction - "AN ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER 920 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 9.20.040 RELATING TO PROHIBITING TRESPASSING ON SCHOOL GROUNDS." (Maintains a safer environment for school grounds.) A motion was made by Leipzig, seconded by Moulton -Patterson, to adopt Ordinance No. 3213. The motion carried by the following roll call vote_ AYES; Robitaille, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: Bauer (City Council) ORDINANCE N . 3216 - INTRODUCTION APPROVED - NOISE CONTROL (640.10) The City Clerk presented Ordinance No. 3216 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.40 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 8.40.111 AND 8.40.120 AND ADDING 8.40.112 RELATING TO NOISE CONTROL." (Ensures constitutionality of one aspect of the city's noise ordinance.) A motion was made by Robitaille, seconded by Moulton -Patterson, to approve introduction of Ordinance No. 3216. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: Bauer L29 Page 16 - Council/Agency Minutes - 10/25/93 ADJOURNMENT - COUNCILIREDEVELOPMENT AGENCY Mayor Winchell adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Saturday, October 30, 1993 at 8:30 a.m. in the Huntington Beach High School Band Room, 1905 Main Street, Huntin ton Beach, California, Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City Clerk/Clerk 130 Mayor/Chairman