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HomeMy WebLinkAbout1994-01-03MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, January 3, 1994 A tape recording of this meeting is on file in the City Clerk's Office Mayor Moulton -Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Robitaille, Moulton -Patterson, Leipzig, Sullivan, Winchell (arrived 5:30 p.m.) ABSENT: Silva STUDY SESSION - NEW CABLE TV REGULATIONS The Mayor announced the cancellation of the study session due to the illness of Howard Stephens Public Cable Television Authority Executive Director who was to present the report. SHORT TERM LODGING ORDINANCE Councilmember Robitaille requested that the staff report prepared by the City Treasurer regarding the short term lodging ordinance be reviewed by the Downtown Task Force. The Police Chief stated this item was under discussion by that group. (City Council) DISCUSSION RE: ORDINANCE NOS. 3224, 3225, AND 3226 - INDOOR SWAP MEETS/FLEA MARKETS ((640.10) Councilmember Sullivan requested that the Ordinance Nos. 3224, 3225, and 3226 be continued to the next meeting in order to address. concerns expressed by Councilmember Silva who is unable to attend the meeting. 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 - Mary McCarty -Devlin v. City - OCSCC 675201. (120.80) Page 2 CounciURedevelopment Agency Minutes - 1/3/94 The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation - Center Avenue Traffic Signal. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 5:05 p.m. The meeting was reconvened at 6:25 p.m. in the Council Chamber. REGULAR MEETING OF CITY COUNCIL COMMENCED Mayor Moulton -Patterson called the regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6:30 p.m. ROLL CALL Present: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan Absent: Silva PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Junior Girl Scout Troop 1222 from Hope View and Golden View Schools and girls also members of Community United Methodist Church, Leaders Tracy Luth and Cindi Droeger. PRESENTATION - CHECK TO PROJECT SELF-SUFFICIENCY FROM MEADOWLARK MEN'S GOLF CLUB Mayor Moulton -Patterson accepted, on behalf of the City Council, a check in the amount of $1,000 from John Kempter, representing Meadowlark Men's Golf Club, to be used for Project Self - Sufficiency. PRESENTATION - SUGGESTION AWARD TO CITY EMPLOYEE TIM DUPUIS Mayor Moulton -Patterson and Vic Morris, Personnel Services Coordinator, presented to Tim Dupuis, GIS Technician, Public Works Department, a plaque and check for $650 for his cost saving suggestion that will save the city $6,500. PUBLIC COMMENTS George Arnold commented on the city's hiring freeze and subsequent hiring of three employees. He requested Council to refrain from acting on the proposed ordinances pertaining to the proposed in lieu parking fee program. He thanked Council for providing free parking in the downtown area during the Christmas holidays. Richard Loyd, representing Seacliff Partners, addressed Council regarding the proposed change of names of three former oil islands now being developed by Seacliff Partners as single family home communities. He referred to a letter from Tom Zanic outlining their position on the proposed Page 3 Council/Redevelopment Agency Minutes - 1/3/94 name change. He requested the original name of Rodarte Circle on "Island S" be retained as the name was selected by a charity fund-raiser sponsored by the YMCA and stated he believed there is a commitment to the Rodarte family to retain the name. Jay Kreitz, representing Huntington Seacliff Homeowners Association, requested that Council approve the three name changes as recommended by the Fire Department. He stated the Association wants to keep all new street names compatible with existing street names in the neighborhood. Leon McKinney stated he opposed the proposed campaign reform ordinance which would limit campaign contributions. Connie Mandic requested continuance of the In Lieu Parking Fee Program implementing ordinance and resolutions so they may be voted on at the time the Downtown Specific Plan returns for Council consideration. CITY ADMINISTRATOR'S REPORT Selective Hiring Freeze Program The City Administrator clarified that the city's hiring freeze program is a selective hiring freeze program. He explained there is a committee that reviews job vacancies, determines whether job should be filled and makes recommendation to the City Administrator. Sales Tax Revenue The City Administrator presented a review of sales tax revenues. Bolsa Chica Environmental Impact Report (EIR The City Administrator announced that the Bolsa Chica Environmental Impact Report (EIR) was released and the Bolsa Chica Strategic Planning Committee recommended that a Special Council Meeting be held January 31, 1994 regarding the Bolsa Chica Project. The City Administrator stated the county would give a presentation on the Bolsa Chica EIR at the regular City Council meeting scheduled for January 18, 1994. Children's Library Wing Opening Scheduled 1/8/94 The City Administrator announced the grand opening of the Children's Wing at Huntington Beach Central Library would be held at 10 a.m., Saturday, January 8, 1994. (City Council) PUBLIC HEARING CONTINUED FROM 12/6/93 - CONDITIONAL USE PERMIT 93-34 - APPEAL GRANTED WITH ADDITIONAL FINDINGS/CONDITIONS - STONEBRIDGE CHRISTIAN CHURCH - APPEAL BY COUNCILMEMBER SILVA OF PLANNING COMMISSION DENIAL OF A REQUEST TO ESTABLISH A CHURCH AS A SHARED USE IN AN EXISTING INDUSTRIAL BUILDING WITH JOINT USE OF PARKING (420.40) The Mayor announced that this was the day and hour set for a public hearing continued from December 6, 1993 to consider the following: 207 Page 4 Council/Redevelopment Agency Minutes - 1/3/94 APPLICATION NUMBER Conditional Use Permit No. 93-34 APPELLANT: Councilman Jim Silva LOCATION: 5331 McFadden Avenue (north side of McFadden Avenue, approximately 110 feet east of Chemical Lane) ZONE: M1-A (Restricted Manufacturing) REQUEST: To establish a church as shared use in an existing industrial building with joint use of parking ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. A communication was received December 28, 1993 from Budd H. Warshauer, of Speedy Circuits, in opposition to granting CUP 93-34. The City Clerk announced she had received an informal petition listing 19 signatures in support of the CUP. The City Clerk presented a staff report prepared by Community Development. The Planning Director presented a staff report. He stated the Planning Commission's concerns regarding hazardous material and regarding shared parking. The Mayor declared the hearing open. Bob Chrisman stated he worked for C. B. Commercial Real Estate and has handled the real estate needs for the applicant through his expansion from 1700 square feet to 23,000 square feet and was instrumental in getting the company located in Huntington Beach. He spoke in support of the Conditional Use Permit. Clayton Kodama, applicant, referred to a letter from Speedy Circuits opposed to the CUP and citing possible danger of a toxic chemical spill to which women and children attending church services would be exposed. Mr. Kodama pointed out women and children inhabit residential homes on Cambay Lane one block away and Coastline Community College is two blocks away. He stated If this is not a scare tactic why was he not informed of the danger at the time of his lease. Reverend Malcolm Toriumi. ordained minister in Presbyterian Church and Co -Leader of Stonebridge Christian Church, stated he had been at the building on weekends and evenings and the building was an ideal setting for beginning a new church. He stated he wants to reach third generation Japanese -Americans who do not want a traditional Church setting or the financial burden of financing a building. He stated he believed a church is the people, not a building. Carl Omaye, Senior Pastor of Anaheim Japanese Free Methodist Church, described the need for the church in Huntington Beach as only three per cent of Japanese -Americans go to any kind of Christian Church. He stated it was extremely expensive to build a church facility and this was a great concept to share existing facilities with a manufacturer when the premises are not in use. Pam Tsujioka, who works in the building under question and is a member of the church, stated she talked with the people who signed the original petition in opposition to the CUP. She stated that after she explained the church would only occupy a small portion of the building during the Page 5 Council/Redevelopment Agency Minutes - 1/3/94 industrial tenant's non -business hours, the people signed her petition in support of the CUP. She pointed out the people fronting McFadden facing their building had signed the petition in support of the CUP. Kenneth Gibo, applicant, stated he did not want to come from an adversarial position. He stated at the Planning Commission some nearby businesses worried the church would grow too large and complain about the industries. He stated congregations grow very slowly and if they did grow quickly and became very large they would move to another location. He stated their church would not infringe on the industries in the area; they just want to meet on weekends and a few times during the week in the evenings during non -business hours. James Parris stated he moved his business 17 years ago into a designated area, an industrial business complex, because noise was accepted and he would be exempt from harassment by neighbors because of the noise from his building. He stated he was concerned that including non - business tenants near his building would eventually result in complaints about industrial noise from his company. He stated that almost everyone who operates a business in the area signed the petition opposing the CUP. Jeff Parris stated he was the Chief Operating Officer of the property that backs the building where the proposed church would be located. He stated the zone is an industrial zone that runs 24 hours a day, seven days a week and non -business uses should not be located there as they might complain of the noise in the future. He stated that the Police Department, responding to a noise complaint from a residential area near the industrial park, forced his business to close for one hour even though noise levels were within the range allowed in the industrial zone. Todd Parris stated he was recently denied an application to operate a private investigation firm out of the building he owns in the industrial zone. He stated he was denied because it was considered a professional use in an industrial zone and he understood the two uses should not mix. He stated the building applying for the CUP for the church should be kept for manufacturing because it was dangerous to have people around machinery. Richard Harlow addressed Council on behalf of the applicant and the Stonebridge Church. He stated the building was completely isolated from the surrounding area and there was no way any noise transmission either coming from the outside or going outside from within could in anyway influence a neighbor. He stated the M1A District is the lightest industrial district in the city, contrary to the letter submitted by a nearby property owner which contained descriptive words which made the area sound like a heavy industrial district. Mr. Harlow stated that such heavy industrial use is prohibited in the M1A District and referred to a letter he provided Council citing the section of the ordinance code pertaining to M1A District standards. He requested Council review the Planning staff recommendation and findings which recommended approval of the CUP. Responding to inquiry from Councilmember Bauer, Mr. Harlow stated there were two walls between the Parris building and the applicants building. He further responded that the wall was 25 feet high. Jerry Bame stated he was speaking as a friend of the church. He stated he had heard nothing to lead him to believe the church would not be a good part-time neighbor, in fact just the reverse. The proposed shared user is very familiar with the property and with the site and would not be the party to create a problem for their neighbors. He stated that this is not an application for a zone change; that there is within the same zone and the same locale a full time church, the Calvary Chapel; there is within the same zone a full time school, the Claremont High School; and there is SCATs and other uses that are not industrial uses and they are all good neighbors. He stated there were other full time churches in the same locale, and asked why not approve a shared user church that wants to be a good neighbor. 009. Page 6 Council/Redevelopment Agency Minutes - 1/3/94 There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held regarding adding conditions to address the industrial neighbor's concern that in the future the church would hold them accountable for noise associated with an industrial zone designation. Discussion was held regarding adding a condition that would terminate the CUP at the time either the present tenant quit the premises or if the building were sold. A motion was made by Bauer, seconded by Leipzig, to grant the appeal of Conditional Use Permit No. 93-34 based on the findings, as amended, and conditions, as amended, contained in Attachment No. 3 of the Request for Council Action dated December 6, 1993. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-34 The location, site layout, and design of the proposed 2,000 square foot church with joint use of parking properly adapts the proposed use to adjacent structures and uses in a harmonious manner because the church will utilize the existing industrial layout of the building and parking lot. 2. The granting of Conditional Use Permit No. 93-34 to establish a church in an existing industrial building in an industrial zone will not be materially detrimental to the public health, safety and welfare, or injurious to the property in the neighborhood, because the church will operate when most adjourning businesses are closed, and will have adequate off-street parking. 3. The conditional use permit to establish a church with joint use of parking in consistent with the goals and objectives of the City's General Plan and Land Use map designation of General Industrial, because churches may be permitted in any district. 4. The access to and parking for the proposed church does not create an undue traffic problem because the joint use of parking agreement will ensure that parking is provided for both uses. There will be no conflict in operating hours for the church and industrial use. 5. The applicant recognizes the development standards and nature of the existing industrial area and agrees to accept noise levels. CONDITIONAL OF APPROVAL - CONDITIONAL USE PERMIT NO.93-34 The site plan and floor plans received and dated September 13, 1993 shall be the conceptually approved layout with the following modifications: a. A second exit corridor shall be provided in accordance with the Uniform Building Code. b.. Modify site plan to reflect 66 parking spaces and looped circulation system in parking area. 2. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised floor plans pursuant to Conditional No. 1 for review and approval and inclusion in the entitlement file. b. All applicable Public Works fees shall be paid. PO Page 7 CounciURedevelopment Agency Minutes - 1/3/94 c. A covenant shall be recorded on the property assure joint use of the parking area. The agreement shall specify hours of operation and required parking for each use, which shall not overlap. Said covenant shall remain in effect for the life of the church use on the site. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Officer of the County Recorder. a cup shall be filed with the Department of Community Development. Fire Department requirements are as follows: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. b. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installations. The system will provide the following: Water flow, valve tamper and trouble detection. 2. Twenty-four (24) hour supervision. 3. Annunciation. 4. Audible alarms. c. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. d. One (1) fire hydrant will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installations. e. Fire lanes will be designated and posted to comply with City Specification No. 415. f. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be the following: The number for the building will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. g. Exit signs and exit paths markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. 4. The Use shall conform to the following: a. The Church use shall not operate during any hours of the industrial business. b. The gates along the rear fence shall be open for access to parking during the weekend hours of the church use. 5. -The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. Page 8 Council/Redevelopment Agency Minutes - 1/3/94 6. This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. The conditional use permit shall also be null and void at such time as the industrial business vacates the site or the building is sold. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva CONSENT CALENDAR - (ITEMS REMOVED) At the request of the City Administrator Resolution No. 65562 pertaining to the Memorandum of Understanding with the Police Management Association was removed from the Consent Calendar and continued to January 18, 1994. Councilmember Winchell requested the item pertaining to the street name changes be removed from the Consent Calendar and considered separately. Councilmember Bauer requested the following items be removed from the Consent Calendar for separate consideration: Resolution Nos. 6558 and 6559 pertaining to vacation of sewer and storm drain easement; the item pertaining to three traffic signals at Magnolia Street/Edison High School entrance, Atlanta/Miramar/Greenfield, and Heil/Newland; the item pertaining to Resolution No. 6561 regarding traffic impact fees for the Goldenwest Transportation Center; and the item pertaining to the Library Expansion Project. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Leipzig, second Bauer, Council approved the following items, as recommended, by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted the minutes of the adjourned regular September 20, 1993, September 27, 1993, October 4, 1993 and October 11, 1993 meetings and September 20, 1993 minutes of -the regular meeting and October 18, 1993 lack of quorum meeting as written and on file in the Office of the City Clerk. (City Council) WARNER AVENUE RELIEF STORM DRAIN DESIGN - PLANS & SPECIFICATIONS-_NICHOLS STREET AND ASH STREET - CALIFORNIA CIVIL. INC. - CONSULTANT AGREEMENT FOR DESIGN SERVICES - APPROVED - CC-897 - Approved the selection of California Civil, Incorporated to prepare plans, specifications, permit processing, and cost estimates, and to perform construction surveying for the Warner Ave. Relief Storm Drain project, and approved and authorized execution of agreement with California Civil Incorporated and authorize the Director of Public Works to expend $61,712.00, to cover contract costs of $54,712.00, anticipated change orders of $5,000.00, and supplemental expenditures of $2,000.00. (600.10) 2.1°2 Page 9 CounciURedevelopment Agency Minutes - 1/3/94 (City Council) NOTICE OF COMPLETION - APPROVED - INLET (LAKEVIEW) DRIVE RECONSTRUCTION - GILLESPIE CONSTRUCTION, INCORPORATED - CC-824 - Accepted the improvements by Gillespie Construction, Incorporated of the Inlet (Lakeview) Drive Reconstruction at a total contract cost of $176,531.27, and authorized the City Clerk to file the Notice of Completion. (600.50) (City Council) NOTICE OF COMPLETION - APPROVED - GRAHAM STREET STORM DRAIN - SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INCORPORATED - CC-797 - Accepted the improvements by Southern California Underground Contractors Inc. for the Graham Street Storm Drain in Graham Street between Heil Avenue and Meadowlark Drive, and Meadowlark Drive between Graham Street and Birdie Lane, and Birdie Lane between Meadowlark Drive and Venturi Drive, and Venturi Drive between Birdie Lane and Ace Lane at a total contract cost of $341,260.00, and authorized the City Clerk to file the Notice of Completion. (600.60) (City Council) NOTICE OF COMPLETION - APPROVED - TRACT NO. 14347 - SOUTHRIDGE HOMES - EIS HOLLY ST - S/0 MAIN ST - Accepted the improvements constructed and dedicated for public use within Tract No. 14347; and released bond no's 3SM 774 579 00, 3SM 774 579 00; the securities furnished for faithful performance, labor and material and monuments respectively; and accept bond no. 3SM 774 579 00-A; the security furnished for guarantee and warrantee of improvements; and instructed the City Clerk to notify the developer, Southridge Homes, of this action, and the City Treasurer to notify the bonding company, American Motorists insurance co., of this action. (420.60) (City Council) NOTICE OF COMPLETION - APPROVED - INSTALLATION OF MY TIME SOURCE RECEIVERS (TRAFFIC SIGNAL SYNCHRONIZATION) AT FOURTEEN LOCATIONS WITHIN THE CITY- SIGNAL MAINTENANCE, INC. - CC-885 - Accepted the improvements of Cash Contract 885 and authorized the City Clerk to file the Notice of Completion for the Installation of WWV Time Source Receivers at a final contract cost of $42,549.61. (600.55) (City Council) AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ABLE MANAGEMENT SYSTEMS - APPROVED - TO PROVIDE LICENSES, GOODS, TRAINING AND SUPPORT IN CONNECTION WITH PROGRAM PRODUCTS - Approved and authorized execution of Huntington Beach/Able Management Systems agreement to implement its work management system, known as Facility Resource Management System (FRMS), into the Water Division operation for a fee not to exceed $31,330.70. (Provides licenses, goods, services and support in connection with Program Products.) (600.10) (City Council) CONSULTANT AGREEMENT - APPROVED - NBS LOWRY OF IRVINE - OLD TOWN CONCRETE ALLEY IMPROVEMENTS - BETWEEN ATLANTA/ FRANKFORT & FROM ALABAMA TO DELAWARE - CC-850 - Approved staffs selection of NBS Lowry of Irvine (a civil engineering firm) to prepare plans, specifications, cost estimates and a record of survey for the Old Town Concrete Alley Improvements between Atlanta Avenue and Frankfort Avenue and from Alabama Street to Delaware Street and approved and authorized execution of the consultant agreement for $65,000 which includes $5,000 for anticipated change orders. (600.10) 013 Page 10 CounciURedevelopment Agency Minutes - 1/3/94 (City Council) APPROVAL OF PARTICIPANTS - APPROVED - COMMUNITY DEVELOPMENT BLOCK GRANT - DOWN PAYMENT ASSISTANCE PROGRAM - Approved and authorized execution of the appropriate documents and payment of the appropriate funds to the recommended Down Payment Assistance Program Participants as attached to the Request for Council Action dated January 3, 1994. (340.70) (City Council) RESOLUTION NO. 6558 AND 6559 - ADOPTED - VACATION OF A SEWER AND STORM DRAIN EASEMENT TOGETHER WITH AN ACCESS EASEMENT FOR SEWER AND STORM DRAIN PURPOSES - W/S OF GOLDEN WEST STREET AND N/O YORKTOWN AVENUE - PACIFIC COAST HOMES - (800.50) The City Clerk presented a communication from the Director of Public Works regarding the vacation of a sewer and storm drain easement together with an access easement for sewer and storm drain purposes located on the west side of Goldenwest Street, north of Yorktown Avenue. The City Clerk presented Resolution No. 6558 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF AN ACCESS EASEMENT FOR SEWER AND STORM DRAIN PURPOSES ON THE WEST SIDE OF GOLDEN WEST STREET, NORTH OF YORKTOWN AVENUE." The City Clerk presented Resolution No. 6559 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A SEWER AND STORM DRAIN EASEMENT ON THE WEST SIDE OF GOLDEN WEST STREET, NORTH OF YORKTOWN AVENUE." In response to a question by Councilmember Bauer, the City Engineer stated a project would not be permitted to complete processing until the developer presents with an acceptable route for the easement. He stated this route proved not to be acceptable, and that no one knew about the oil line. A motion was made by Bauer, seconded by Winchell, to adopt Resolution No. 6558 and to adopt Resolution No. 6559. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell NOES: None ABSENT: Silva (Sullivan, Leipzig out of the room) (City Council) CONSULTANT AGREEMENT - APPROVED - WESTON PRINGLE AND ASSOCIATES (WPA) - DESIGN OF THREE TRAFFIC SIGNALS - MAGNOLIA ST./EDISON HIGH SCHOOL ENTRANCE. ATLANTA/MIRAMAR/GREENFIELD. & HEIL/NEWLAND- CC-906 (600.10) The City Clerk presented a communication from the Director of Public Works regarding the selection of traffic engineering consultants to prepare traffic signal construction plans, specifications and estimates for three new traffic signals. Discussion was held between Council and staff regarding the timing of the completion of the three traffic signals. The City Engineer stated they would be completed before summer. Discussion was held regarding funding of the signals. J.� 4 Page 11 Council/Redevelopment Agency Minutes - 1/3/94 On motion by Bauer, second Sullivan, Council approved the selection of Weston Pringle and Associates (WPA) for the preparation of the plans, specifications, and estimates (PS&E) for three new traffic signals and establish a design budget of $20,000 that will include the Consultant Agreement of $14,600, $2,000 for anticipated change orders, $1,000 for reproduction costs, and $2,400 for miscellaneous costs such as soils reports, underground utilities investigations, etc. and authorized the Mayor and City Clerk to execute the consultant agreement with Weston Pringle and Associates for a fee not to exceed $14,600. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council) RESOLUTION NO 6561 -ADOPTED - TRAFFIC IMPACT FEE RELIEF: GOLDEN WEST TRANSPORTATION CENTER - REQUEST FROM ORANGE COUNTY TRANSPORTATION AUTHORITY - GOTHARD STREET/CENTER AVENUE (340.20) The City Clerk presented Resolution No. 6561 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO TRAFFIC IMPACT FEES FOR THE GOLDENWEST TRANSPORTATION CENTER." Relieves OCTA of the obligation to pay Traffic Impact Fees for Golden West Transportation Center being constructed at Gothard Street & Center Avenue to provide bus transit service, park -and -ride, and kiss -and -ride facilities and other rider amenities. Councilman Bauer commented on the humorous name of the kiss and ride program. On motion by Bauer, second Winchell, Council adopted Resolution No. 6561 by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva City Council) NOTICE OF COMPLETION - APPROVED - LIBRARY EXPANSION PROJECT - PHASE I - GENTOSI BROTHERS - CC-740 - CITY ADMINISTRATOR TO PROVIDE REPORT (600.80) The City Clerk presented a communication from the Director of Library Services and the Director of Public Works regarding the Library Expansion Project. Discussion was held regarding the procedure and time schedules of the completion of the remainder of the additional 205 parking spaces. Discussion was held regarding the use of metered parking spaces and the possibility of using such revenue to establish a branch library in the Oakview area. A motion was made by Bauer, seconded by Sullivan, to accept the improvements by Gentosi Brothers for Central Library Expansion Project - Phase I, subject to further investigation by Administration regarding the validity of adding parking meters in the parking lot, and authorize the City Clerk to file the Notice of Completion with the County Recorder's office. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva Ala Page 12 CounciURedevelopment Agency Minutes - 1/3/94 The City Administrator stated he would provide a report to Council with an analysis of the overall costs of the project and the operating costs of the project. (City Council) RESOLUTION NO 6560 - ADOPTED - CHANGES NAMES OF THREE STREETS TO QUIETSANDS, SANDPEBBLE & CAMBRIA COVE - (800.70) The City Clerk presented a communication from the Assistant City Administrator and the Fire Chief regarding street naming requests. The City Clerk presented Resolution No. 6560 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE CHANGE OF STREET NAMES: 1) ISLAND "B" TRACT #14296 CHANGE SANTA ROSA TO QUIETSANDS 2) ISLAND "E" TRACT #14044 CHANGE MADAGASCAR TO SANDPEBBLE 3) ISLAND "S" TRACT #14043 CHANGE RODARTE TO CAMBRIA COVE." Discussion was held between Council and staff regarding transferring the street name of Rodarte to another location as the name was awarded during a charity event. During discussion staff assured Council the street name change of Rodarte Circle would not occur until the model homes were no longer model homes so there would be no cost to the developer to change addresses, etc. on their printed material. On motion by Winchell, second Bauer, Council adopted Resolution No. 6560 by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva RECESS -RECONVENE The Mayor called a recess of Council. The meeting was reconvened. (City Council) AGREEMENT - APPROVED - ERVIN, COHEN AND JESSUP - LEGAL CONSULTANT FOR BOLSA CHICA EIR (600.10) The City Clerk presented a communication from the City Attorney transmitting an agreement between the City and the law firm of Ervin, Cohen and Jessup to determine the adequacy of the Bolsa Chica Environmental Report. The City Attorney presented a staff report. A motion was made by Bauer, seconded by Leipzig, to approve and authorize execution by the Mayor and City Clerk of an agreement between the City and the law firm of Ervin, Cohen and Jessup and to appropriate $100,000 and hire legal counsel to provide legal services for the review of the Bolsa Chica Environmental Impact Report. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: Silva 216 Page 13 Council/Redevelopment Agency Minutes - 1/3/94 (City Council) AGREEMENTS APPROVED - BOLSA CHICA PLAN ENVIRONMENTAL IMPACT REPORT REVIEW CONSULTANTS - ALBERT GROVER & ASSOCIATES - P & D ENVIRONMENTAL SERVICES (600.10) The City Clerk presented a communication from the Planning Director regarding consultants to assist staff in reviewing the Draft Environmental Impact Report (EIR) for the Bolsa Chica Plan and forthcoming Land Use Plan. The Assistant City Administrator presented a staff report. Discussion was held between Council and staff regarding the selection process. A motion was made by Leipzig, seconded by Sullivan, to approve the contract with the firm of Albert Grover & Associates for $15,150 for review and comment on the traffic impact sections of the Bolsa Chica Project Local Coastal Plan Environmental Impact Report and to approve the contract with the firm of P & D Environmental Services for $17,810 for review and comment on the Liquefaction/Seismicity, Wetlands Biology, Archaeology, and Tydal Hydrology Impact Section of the Bolsa Chica Project Local Coastal Plan Environmental Impact Report. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: Silva Councilmember Bauer requested regular reports on the Bolsa Chica Environmental Impact Report review as it progresses. (City Council) LOAN AGREEMENT - APPROVED - ORANGE COUNTY COMMUNITY HOUSING CORP - (OCCHC) HOME INVESTMENT PARTNERSHIP - FUNDING REQUEST FOR ACQUISITION & REHABILITATION OF 17372 KEELSON LANE - APPROVED - REPORT TO BE MADE TO COUNCIL RE: REVERSIONARY RIGHTS (600.10) The City Clerk presented a communication from Director of Special Projects requesting authorization to enter into an affordable housing agreement with the Orange County Community Housing Corporation (OCCHC)for the acquisition and rehabilitation of a four unit multi -family property in the Oakview Neighborhood with HOME Investment Partnership Funds. The Director of Special Projects presented a staff report. The Housing and Development Specialist presented a videotape and a staff report regarding the property under consideration. He read a memorandum from the Chief Inspector regarding the condition of the building. In response to Council discussion, the City Attorney stated she would explore the possibility of including a reversionary right as to the land at the termination of the useful life of the improvements in future projects. A motion was made by Robitaille, seconded by Leipzig, to approve and authorize execution of a Loan Agreement between the City and OCCHC covering the acquisition and rehabilitation of affordable housing on Keelson Ln. with funds obtained from the Home Investment Partnership Program. (calls for the expenditure of no more than $225,000 in HOME funds to assist the Orange County Community Housing Corporation (OCCHC) to acquire and rehabilitate 17372 Keelson Lane.) with the proviso that the City Attorney work with the Director of Special Projects to 917 Page 14 Council/Redevelopment Agency Minutes - 1/3/94 develop additional language that will be brought back to Council indicating a mechanism for the property to return to the city at the end of the lifetime of the project. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva City Council) IN LIEU PARKING FEE PROGRAM IMPLEMENTING ORDINANCE - CONTINUED TO 1/18/94 - DOWNTOWN SPECIFIC PLAN AREA - PLAN TO BE SUBMITTED FOR COURTESY COASTAL COMMISSION REVIEW (340.70) The City Clerk presented a communication from the Planning Director regarding an outline of the proposed measures to implement the In -Lieu Parking Fee Program for uses within the Downtown Specific Plan. The Planning Director presented a staff report. Following discussion, a motion was made by Leipzig to approve points 1, 2, 3, 4, and 7, as outlined in the Request for Council Action from the Planning Director dated January 3, 1994, with the understanding this is direction to staff for the elaboration of a more complete in lieu policy. The motion died for lack of a second. Discussion was held regarding the role of the coastal commission in the approval of the in lieu parking fee program when it is incorporated into the Downtown Specific Plan. By consensus of Council staff was directed to submit the plan to the Coastal Commission with a request for a courtesy review. A motion was made by Leipzig, seconded by Winchell, to continue to January 18, 1994 consideration of the outline of the proposed measures to implement the In -Lieu Parking Fee Program for uses within the Downtown Specific Plan. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (Redevelopment Agency) IN -LIEU PARKING FEE PROGRAM - IMPLEMENTING RESOLUTION - CONTINUED TO 1118194 - DOWNTOWN SPECIFIC PLAN AREA - AGENCY RESOLUTION NO. 253 (340.20) The City Clerk presented a communication from the Redevelopment Director transmitting Resolution No. 253 which outlines the proposed measures to implement the In -Lieu Parking Fee Program for uses within the Downtown Specific Plan area. The City Clerk presented Redevelopment Agency Resolution No. 253 for Council consideration - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING AN IMPLEMENTATION PLAN FOR THE ESTABLISHED IN -LIEU FEE FOR PARKING." 18 Page 15 CounciURedevelopment Agency Minutes - 1/3/94 On motion by Leipzig, second Winchell Council continued consideration of Resolution No. 253 to January 18, 1994. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, .Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council) ORDINANCE NO 3226 - CONTINUED TO 1118194 - AMENDS ARTICLE 963 "UNCLASSIFIED USES" -INDOOR SWAP MEETS/FLEA MARKETS (640.10 The City Clerk presented Ordinance No. 3226 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 963, UNCLASSIFIED USES, TO INCLUDE INDOOR SWAP MEETS/FLEA MARKETS." On motion by Sullivan, second Bauer, Council continued consideration of Ordinance No. 3226 to January 18, 1994. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council) ORDINANCE NO. 3224 - CONTINUED TO 1/18/94 - ARTICLE 908 - INDOOR SWAP MEETS/FLEA MARKETS (640.10) The City Clerk presented Ordinance No. 3224 for Council consideration - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 908 THEREOF TO INCLUDE INDOOR SWAP MEETS/FLEA MARKETS." On motion by Sullivan, second Bauer, Council continued consideration of Ordinance No. 3224 to January 18, 1994. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council) ORDINANCE NO 3225 - CONTINUED TO 1/18/94 - ARTICLE 960 - OFF- STREET PARKING, LOADING AND LANDSCAPING - INDOOR SWAP MEETS/FLEA MARKETS (640.10) The City Clerk presented Ordinance No. 3225 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE ARTICLE 960, OFF-STREET PARKING, LOADING AND LANDSCAPING TO INCLUDE INDOOR SWAP MEETS/FLEA MARKETS." On motion by Sullivan, second Bauer, Council continued consideration of Ordinance No. 3225 to January 18, 1994. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva Page 16 Council/Redevelopment Agency Minutes - 1/3/94 (City Council) ORDINANCE NO. 3220 -ADOPTED -CAMPAIGN REFORM (640.10) The City Clerk presented Ordinance No. 3220 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TITLE 2 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 2.05 AND ADDING NEW CHAPTER 2.07 RELATING TO CAMPAIGN REFORM." The Mayor pointed out that Ordinance No. 3220 would become effective immediately upon adoption per City Charter Section 500(e)(1). On motion by Winchell, second Leipzig, Council adopted Ordinance No. 3220, after reading by title, by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva APPRECIATION TO CITY ATTORNEY EXPRESSED BY COUNCILMEMBER SULLIVAN Councilmember Sullivan expressed appreciation to the City Attorney regarding her assistance in the selection of an attorney to review the Bolsa Chica Environmental Impact Report. GROCERY MARKET VENDING TRUCK ACTIVITY - OAKVIEW AREA - EXPLORE POSSIBILITY OF CREATING SITE FOR SUCH ACTIVITY & COMMUNITY OPINION TO BE ASCERTAINED Councilmember Leipzig suggested staff be directed to investigate opportunities to create a site for the consolidation of grocery vending truck activity in the Oakview area. Following discussion, a motion was made by Leipzig, seconded by Moulton -Patterson, to direct staff to investigate the possibility of creating a site in the Oakview area for grocery vending truck activity. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Paterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva Councilmember Bauer stated other cities with the same problem have concern because of the way young children run into the streets towards the trucks and have adopted almost excessive restrictive rules to solve the problem, when a less restrictive alternative such as Councilmember Leipzig suggested might be a better solution. Councilmember Winchell requested staff to ascertain whether members of the community want such a site located near their homes. G 2-D Page 17 Council/Redevelopment Agency Minutes - 1/3/94 COUNCIL LIAISON APPOINTMENTS - APPROVED - CITY BOARDS, COMMISSIONS, COMMITTEES AND OUTSIDE AGENCIES - ORANGE COUNTY SANITATION DISTRICT 3 - MOULTON-PATTERSON.- ORANGE COUNTY SANITATION DISTRICT 11 - WINCH ELL/LEIPZIG -ALTERNATE TO BOTH DISTRICTS ROBITAILLE (120.20) The City Clerk presented a communication from Administration listing the annual assignment of Council liaison to City boards, commissions and committees as well as to outside agencies. The City Clerk presented a communication from the County Sanitation Districts of Orange County regarding appointments to District 3 and District 11. On motion by Leipzig, second Sullivan, Council approved the list of Council liaison appointments as listed in the Request for Council Action dated January 3, 1994, as follows: Advisory Body Council Liaison Allied Arts Board Ralph Bauer Linda Moulton -Patterson Ascon Grace Winchell, Ralph Bauer Board of Appeals Vic Leipzig Bolsa Chica Planning Coalition Linda Moulton -Patterson Community Svs. Commission Dave Sullivan, Ralph Bauer Council on Aging Dave Sullivan Linda Moulton Patterson Design Review Board Vic Leipzig . Sullivan (Alternate) Environmental Board Vic Leipzig Grace Winchell Finance Board All Council Fourth of July Board Jim Silva Grace Winchell HCD - Citizen Advisory Board Ralph Bauer Vic Leipzig Historic Resources Board Dave Sullivan Grace Winchell Human Resources Board Jim Silva Dave Sullivan Huntington Beach Waterways & Beaches Vic Leipzig Ralph Bauer Library Board Grace Winchell Ralph Bauer Page 18 Council/Redevelopment Agency Minutes - 1/3/94 Neighborhood Watch Earle Robitaille Linda Moulton Patterson Personnel Commission Grace Winchell Jim Silva Planning Commission Each member appointed by specific Council person Public Cable Television Authority Dave Sullivan Ralph Bauer Redevelopment/Council Committee Grace Winchell Ralph Bauer Vic Leipzig Sister City Association Grace Winchell Jim Silva Transportation Commission Dave Sullivan Vic Leipzig Youth Board Jim Silva Vic Leipzig Fixed Guideway Linda Moulton -Patterson Vic Leipzig O. C. Sanitation Districts 3 & 11 Grace Winchell Linda Moulton -Patterson Earle Robitaille (Alternate) West O. C. Water Board Earle Robitaille Ralph Bauer Santa Ana River Flood Protection Agency (SARFPA) Jim Silva Ralph Bauer (Alternate) O. C. Vector Control Vic Leipzig The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva c 2.2 Page 19 Council/Redevelopment Agency Minutes - 1/3/94 ADJOURNMENT - COUNCILIREDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the regular meetings of the City Council and the Redevelopment Agency of the city of Huntington Beach to Tuesday, January 18, 1994, at 5:00 P.M. in Room B-8, Civic Center, Huntington Beach, California. exw;., Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California - a -go&*> City Clerk/Cler! Mayor/Chairman