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HomeMy WebLinkAbout1994-01-18MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Tuesday, January 18, 1994 A tape recording of the Study Session and the 7:00 p.m. portion of this meeting is on file in the City Clerk's Office. Mayor Moulton -Patterson called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8 in the Civic Center. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan, Silva (arrived 5:15 p.m.), Robitaille (arrived during closed session) ABSENT: None PLANNING COMMISSION ROLL CALL PRESENT: Cook, Richardson, Dettloff, Inglee (arrived 5:15 p.m.), Newman (arrived 5:15 p.m.) ABSENT: Biddle, Gorman JOINT MEETING - CITY COUNCILIPLANNING COMMISSION - STUDY SESSION - BOLSA CHICA ENVIRONMENTAL IMPACT REPORT NO.551 - PREPARED BY COUNTY OF ORANGE The Planning Director presented a staff report. Tom Matthews, Orange County Planning Director, presented a report on the process involved in the review of the environmental impact report, the draft environmental impact report and two technical appendixes that are available to the public, alternatives analyzed in the document, additional studies to be prepared by Orange County including traffic and circulation, biology, long shore drift impact and other special studies, and the sixty day review period with the deadline of February 18, 1994 for comments. Discussion was held by Council and staff regarding the problem of the county only receiving written comments and not having public hearings; stages of the Environmental Impact Report review process, Environmental Board to review, copies to be made available to concerned citizens groups, and extension of review time. Tom Matthews, Orange County Planning Director, stated that he would prepare a flow chart of time schedules for the Council. The Mayor stated that a public hearing will be held by the city on January 31, 1994 to receive public input. 224 Page 2 - Council/Agency Agenda - 1/18/94 ADJOURN PLANNING COMMISSION The Chairman adjourned the Planning Commission. Communication From City Treasurer Distributed Re: Bus Shelters A communication from the City Treasurer dated December 30, 1993, entitled Bus Shelters was distributed to Council. Communication From Huntington Beach Tomorrow Distributed Re: Bolsa Chica A communication from Huntington Beach Tomorrow dated January 16, 1994 regarding the Bolsa Chica. Communication From Seacliff Partners Distributed Re: Holly Seacliff Affordable Housing Plan A communication from Tom Zanic, Seacliff Partners, dated January 18, 1994 regarding the agenda item relating to the Holy Seacliff Affordable Housing Plan. 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(c) to confer with its attorney regarding pending litigation - Metro Display Advertising. (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 - Roberto Garcia; Miguel Garcia v. City of Huntington Beach - OCSCC 603180. (120.80) RECESS -RECONVENE The Mayor called a recess of Council at 6:05 p.m. The meeting was reconvened at 6:25 p.m. in the Council Chamber. PLEDGE OF ALLEGIANCE AND INVOCATION The Pledge of Allegiance and Invocation were led by members of Girl Scout Brownie Troop 680 from St. Bonaventure Catholic School, Huntington Beach, Leader Mary Thompson. 225 Page #3 - Council/Redevelopment Agency Minutes - 1/18/94 PRESENTATION - TO HB COMMUNITY CLINIC BOARD OF DIRECTORS - FROM OC SUPERVISOR WIEDER Orange County Supervisor Harriet Wieder, Second District, presented a check in the amount of $5,000 to Mayor Linda Moulton -Patterson and Dr. Lee Winocur, President, Huntington Beach Community Clinic Board of Directors, for the Huntington Beach Community Clinic. PRESENTATION - ALLIED ARTS BOARD - ARTS AWARD FOR 1992 Mayor Linda Moulton -Patterson and Elaine Hankins, representing the Allied Arts Board, presented Arts Award for 1992 to the following: Tino Pontrelli - Outstanding Visual Artist David Anthony - Outstanding Performing Artist Lloyd Baron & Bob Goodrich - Volunteers of the Year William & Lorraine McCune - Patrons of the Year GTE Directories - Outstanding Business Leader for the Arts PRESENTATION - VOLUNTEERS OF THE YEAR AND CERTIFICATES OF RECOGNITION TO RACES AND CERT VOLUNTEER LEADERS Presentations were made by Mayor Linda Moulton -Patterson, Battalion Chief Chuck Reynolds, and Glorria Morrison, Emergency Services, presented plaques to the Volunteers of the Year and Certificates of Recognition to RACES (Radio Amateur Civil Emergency Services) and CERT (Community Emergency Response Teams) Volunteer Leaders, as follows: Volunteers of the Year RACES Dutch Ludt, Assistant RACES officer CERT CarolAnn Moore, CERT Management Team Dick White, CERT Management Team RACES Volunteers - Certificates of Recognition Mark Oppenheim, RACES Officer Dutch Ludt, RACES Assistant Officer Gordon Rozen, RACES Training Officer Herb Saxton, RACES Personnel Officer Bill Bees, RACES Public Relations Officer John Rohring, RACES Volunteer Virginia Rozen, RACES Newsletter Editor Mark Burnham, RACES Volunteer Debbie Burnham, RACES Volunteer CERT Volunteers - Volunteers of the Year CarolAnn Moore, CERT Management Team Dick White, CERT Management Team Judy Ann Morris, CERT Management Team Billie Brandon, CERT Management Team Phil Burtis, CERT Management Team Andrew Einhorm, CERT Management Team Sally Flack, CERT Management Team 226 Page 4 - Council/Agency Agenda - 1/18/94 Gail Freshwater, CERT Management Team Charlie Freshwater, CERT Management Team Marion Kalan, CERT Management Team Billie Kennedy, CERT Management Team Jan McKnew, CERT Management Team J. J. Morrison, CERT Management Team Steve Belich, CERT Management Team Mike Roche, CERT Management Team Terry Scott, CERT Management Team Bob Boyd, CERT Management Team ACTION TAKEN IN CLOSED SESSION - COUNTY BOLSA CHICA PROJECT - ENVIRONMENTAL IMPACT REPORT (EIR) - STAFF TO AGGRESSIVELY PURSUE REVIEW OF ADEQUACY OF EIR - COUNCIL CONSIDERING WHETHER TO INITIATE LITIGATION The City Attorney stated "The City Council went into Closed Session in regard to the consideration of facts and circumstances which would support the holding of a Closed Session under Paragraph 4 of Government Code Section 54956.9 of Section C and they were considering the Environmental Impact Report regarding the Bolsa Chica Project which was released on December 20, 1993. I was concerned that it may be inadequate as a matter of state law and for that and other reasons that it might raise substantial environmental and legal issues which might adversely affect the citizens of the City of Huntington Beach and those were the foregoing facts and circumstances which could indicate the potential for litigation within the meaning of Government Code Section 54956.9. The Council did consider some of these facts and circumstances and is continuing to decide on whether or not litigation is appropriate at this time. Council did take action this evening to direct staff to aggressively pursue the review of the adequacy of the Environmental Impact Report to assist Council in its consideration of whether to initiate litigation challenging the environmental and fiscal impacts of the County Bolsa Chica Project." Councilmember Robitaille and Councilmember Silva did not attend or participate in this Closed Session of Council. PUBLIC COMMENTS Pat Paul , Past President of the Huntington Beach/Fountain Valley Association of Realtors, spoke regarding the Annual Christmas Can Tree Community Food Drive. She thanked the community for their support in which they collected over 20,000 cans of food and over $10,000 for the purchase of meat, milk and other perishables. She named the various organizations that would be distributing the food throughout the year. Chuck Barbara stated his opposition to hiring an outside consultant for review of the Bolsa Chica Project EIR. He stated he would rather see the money used for books for city libraries or, perhaps, another fire fighter or police officer. Michael Guest stated his opposition to hiring outside consultants to fight developers on the Bolsa Chica Project. He thanked the Fire Department for putting out several fires behind his home. Connie Boardman stated her support for hiring an outside consultant to properly critique the Bolsa Chica Project EIR, particularly the biological sections. She stated she believed spending the money now might be painful, but was necessary. 227 Page #5 - Council/Redevelopment Agency Minutes - 1/18/94 Dick Le Grue commented on the County presentation on the Bolsa Chica Project held earlier in the meeting and thanked those who spoke up defending the rights of citizens to speak their opinions in a public forum. He stated he supported the hiring of an outside consultant to study the Bolsa Chica Project EIR. Donald Chrisholm, representing the Surfrider's Foundation, stated they supported the use of a consultant to review the Bolsa Chica EIR. He spoke in opposition to the Bolsa Chica development and stated the need for an outside expert to review the EIR. He questioned whether the Koll Company provided funding or contributions to any groups which made public statements concerning the Bolsa Chica development. He stated he recognized such funding or contribution was legal, but the public and representatives had a right to know with whom they were dealing. He handed a communication to the City Attorney. Bob Traver stated he read an article in the Register newspaper a few months ago that rated the city of Huntington Beach as one of the top 100 cities in which to live, work and play. Now, he stated, business is leaving for adjacent cities because of fees and bureaucratic red tape. He reminded Council that some years ago the Bolsa Chica Project, under the title of Bolsa Chica Coalition Plan, was agreed to by the city, county, State Lands Commission, Amigos de Bolsa Chica and the landowner. He inquired why the city was stalling a project that would bring much needed services, jobs and revenue to the city. He stated he believed the Bolsa Chica Project was a good project and would benefit the wetlands and the city. Cecile La Force, representing the Sierra Club Bolsa Chica Task Force, stated her support for hiring a consultant to review the Bolsa Chica EIR. She urged Council to protect the wetlands as only nine per cent of the original coastal wetlands exists today. She stated the proposal called for cutting down two groves of trees which were habitats for two species of birds. Paul Horgan thanked the county for their presentation on the draft EIR and expressed his disappointment there was to no public hearing by the county so citizens could express their opinions on the issue. He stated he supported spending money for a consultant to review the Bolsa Chica EIR. Mark Porter stated he was a board member and was speaking on behalf of Huntington Beach Tomorrow. He extended his appreciation and commendation to the City Council for retaining legal and professional technical consultants to review the Bolsa Chica EIR with a view towards protecting the interests of the city. He pointed out that because development was switched from the city to the county jurisdiction the city would not receive any development fees to offset the initial impact on city services and facilities associated with this development which would mean the residents would absorb all the increased costs such as street, park and library maintenance and police protection without the startup revenue of the development. He stated the county and developers would receive 73 million dollars worth of benefits and the city would bear the costs. He stated that because of existing revenue sharing agreements when the property is eventually annexed the city would lose most of the property tax revenue. Jacqueline Geier Lahti spoke in support of hiring experts to review the Bolsa Chica EIR. She stated there had been no response to questions she wrote in the N.O.P. and she was impressed Council wanted public input. She stated streets which she believed would be impacted by the development were left out of the traffic section of the report. Ed Kerins stated he spoke for Huntington Beach Tomorrow and as the county is not holding a public hearing on the EIR their organization commended Council for receiving public comment at the Council meeting scheduled for January 31, 1994. He commended Council for contracting with consultants to review the Bolsa Chica EIR. He suggested Council have a certified public stenographer present at the public hearing on January 31, 1994 to record and transcribe the comments of the public and transmit these comments to the county Environmental Management Agency, the Planning Commission and the Board of Supervisors. He suggested including notices in newspapers and television to inform the public they should submit comments in written form and in a question format because the Environmental Agency would respond to questions. He stated the public libraries have copies of the Bolsa Chica EIR and it would be worthwhile for the public to review Volume I. He noted that finances were not addressed in the EIR and 228 Page 6 - Council/Agency Agenda - 1/18/94 the public should be aware of this omission as the development will have a significant financial impact on the city's residents. Jim Banks stated he was the Chairman of a newly formed organization called Citizens Against Retirement Tax which he stated was a grass roots citizens action group which is gathering signatures on a petition to place a Charter amendment on the November ballot. He stated city employees do not pay into the retirement fund, that it is 100 per cent funded through a special property tax. He stated other cities in Orange county pay retirement costs by other means and do not have a special property tax for this purpose. He stated on December 28, 1993 he filed a notice of intent to circulate a petition to put the issue on the November ballot. He stated Council could place the issue on the ballot without a petition and requested the matter be scheduled for the next Council agenda for consideration. Marie St. Germain spoke on behalf of the Downtown Residents Association regarding the proposed ordinance pertaining to police response to loud parties. She urged Council to make one change to the ordinance and adopt it. The change would be to Section 8.42.020 and pertains to the applicable time period between responses to loud parties. As proposed, the ordinance would apply if police respond a second time in a seven day period at the same address. She gave reasons why she urged Council to extend the time frame for at least thirty days. Bob Bolen requested Council delay the vote on the agenda item pertaining to the in -lieu parking fee program in the downtown specific plan area. He stated that issues, regarding use of the fees collected for on -going maintenance and whether the fee could be transferred, sold and run concurrently with the property, were still to be resolved. Barbara Dieckmeyer stated she had applied for down payment assistance in the Block Grant funds in the Community Development Block Grant Program. She stated she had been approved by Sanwa Bank for a loan to buy property in the Del Mar complex based on full assistance under the program. She described events whereby her loan was eventually denied by the Downtown Assistance Program committee. She stated she was judged by a different criteria after she reported she was self-employed. She stated her loan was approved twice by the bank, and twice by the committee before the committee ultimately denied the application. She urged Council to approve her application as she had given her landlord notice she was moving when the application was originally approved and she must move out in one and one-half weeks. Carrie Thomas stated her appreciation and commendation to Council in hiring a consultant to review the Bolsa Chica EIR. She stated her appreciation for the opportunity to speak on the issue. David Winscott inquired who would choose the consultant who would review the Bolsa Chica EIR. He spoke of the landowners rights to develop his property and concern for the wetlands. He stated he believed the Koll Company will bring a solution on the Bolsa Chica with both development and preservation of the wetlands. Bolsa Chica EIR Available in Office of the City Clerk - Public Hearing Re Bolsa Chica 1/31/94 in Council Chamber The Mayor stated a copy of the Bolsa Chica Environmental Impact Report was in the office of the City Clerk for review and there was a copy at the library. She stated during the 5 o'clock meeting with the County on the Bolsa Chica EIR the county confirmed there would be no public hearing by the county during the EIR period. She announced the City Council would hold a Council meeting Monday, January 31, 1994 at 6 p.m. in the Council Chamber, Civic Center to hear from the public on the Bolsa Chica. 229 Page #7 - Council/Redevelopment Agency Minutes - 1/18/94 COUNCIL COMMITTEE/COUNCIL LIAISON REPORTS Code of Ethics Annual Review Mayor Moulton -Patterson stated that on October 4, 1993 Council adopted a Code of Ethics to be reviewed annually during the month of January. She read the Code of Ethics aloud. She requested the city's boards, committees and commissions to review the Code of Ethics. Commendation of TV Channel 3 Councilmember Robitaille congratulated TV Channel 3 personnel for their quick response on the air following the last earthquake. He stated they informed citizens very quickly that the city inspections had been completed on overpasses and bridges and reported on the conditions in the city. CITY ADMINISTRATOR'S REPORT RE: EARTHQUAKE EMERGENCY The City Administrator reported on the city's response to the earthquake emergency and emphasized the need for Council and others to visit the Emergency Command and Control Center. (City Council) ADMINISTRATIVE PUBLIC HEARING - HUNTINGTON CENTRAL PARK MASTER PLAN - APPROVED AS AMENDED The Mayor announced that this was the day and hour set for an administrative public hearing to consider . the adoption of a master plan for Huntington Central Park. The City Clerk presented a communication from the Community Services Director. The Mr. Hagan, Community Services Director, presented a staff report, including the process, policy and philosophy behind the master plan and why the city is doing a master plan. He stated over 70% of the park is utilized as passive in nature and emphasized none of the existing uses would be changed, the project only applies to undeveloped areas of the park. Jim Engle, Superintendent, Park Development, reported on specific uses proposed for the undeveloped areas in the park. He explored various alternatives regarding some type of target golf course in the park. Lt. Van Bethea, representing the Police Officers Association, addressed the issue of the gun range. He stated he believed the range has contributed to the overall welfare of the community through recreational programs and local safety programs. He presented a brief history of the range over the past 25 years, including an impressive list of state, federal, county and city agencies that have trained employees at the gun range. He described the sound mitigation program at the gun range and described a pro -active noise abatement program he would include in the development of the range were it reconstructed. He stated the public is concerned that stray bullets could escape the range and stated there were methods to mitigate the potential for rounds leaving the range by special baffling configurations which he had detailed in the range report he submitted to Council. He stated a need existed for a safe supervised shooting environment for the Police Department and the public for weapon training. Mr. Hagan emphasized the entire passive nature of the look of the park when the master plan is implemented with over 40 acres of urban forest where thousands of trees would be planted in the area for arbor day programs, and there would be spaces for such activities as community gardens, outdoor education programs, open field space for needed practice facilities and the plan would meet the needs of a number of special interest groups, as well as trails and access for the general public. Page 8 - Council/Agency Agenda - 1/18/94 In response to a questions by Councilmember Sullivan, Mr. Hagan stated the cost was prohibitive to locate the proposed sports complex at the library site and there were a number of schools nearby where it could be located through a joint agreement with the school district. He affirmed that by approving the master plan for the park the city would be in a position to qualify for grants that would be available in the near future. In response to questions regarding the possibility of whiting out an area of the park in the master plan, he stated this could be done but there must be more justification for whiting out an area than being indecisive regarding a certain use or activity in the park. He affirmed that at this time the golf course issue could be decided on its own merits, as to build a nine hole golf course is consistent with the Driftwood contract, but it is not contractually obligated until Council decides to relocate the homes in that area. In response to inquiry by Councilmember Winchell, Mr. Hagan stated the Sully -Miller lake area could function on its own until the Ocean View Estates phases out in 25 years and described three entrances to the organizational group area and fishing dock which were open to public access. In response to inquiry by Councilmember Silva, Mr. Hagan stated if a target golf course were built there would be a concessionaire to manage it which would provide income which would go back into Huntington Central Park to help maintain the other areas. In response to inquiry by Councilmember Sullivan, Lt. Bethea stated the police gun range had been closed to the public for the past five months because the public side of the range became unsafe and because there was a problem with a sewer line. He stated it was true there was a privately run range in the city, but there were limitations in an indoor range significant to law enforcement training. He stated he had reservations regarding supervision and safety at indoor ranges. Discussion was held regarding S.W.A.T team training at the range and configuration of the range after it is redeveloped In response to inquiry by Councilmember Robitaille, Mr. Hagan explained the sewer line serving the public side of the gun range was crushed during work to mitigate the water problem on the Orange County Transfer Station site. Per the city's agreement with Orange County the city was required to abandon the sewer line and reroute it over city land, which they are holding in abeyance until approval of the master plan when the work can be done in conjunction with the rest of the work on the park. Mr. Hagan reported to Council regarding meetings with the county on the Orange County Transfer Station and stated there was major soil contamination at the site which would require expensive clean up. He stated the Department of Public Works wished to continue their rock crushing operation. He recommended the area not be included in the central park master plan and described various city operations that could be located there. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. No communications or written protests were received on the matter. The Mayor declared the administrative public hearing open. James Rush stated he supported Alternative No. 4. He supported the concept of moving the proposed sports complex to the Murdy School/Murdy Park location. He stated his concern that even with new noise mitigation as described by Mr. Bethea, there would be noise from the gun range. He questioned the disposition of revenue from the gun range and suggested Council review the matter. He suggested if nearby residents wanted the golf course they could pay for it and outsiders could be charged to use it. He supported the development of Sully -Miller Lake and keeping the park passive. Mr. Rush distributed a copy of his comments to Council. Carl Obert questioned what was planned for the purchase of privately owned land that lies within the boundaries of the park expansion. 231 Page #9 - Council/Redevelopment Agency Minutes - 1/18/94 Park Acquisition Program Comments Mr. Hagan stated there is currently an acquisition program, which is in the capital improvement program. He stated there is a five acre site to be purchased and about 200 encyclopedia lots to purchase, which under the current schedule has been ten purchased each year He stated some of the grant money could be used for this purpose. He explained that in the past Council had approved the property to be designated for park purposes. Pat Davis stated she supported a golf course, but urged Council to make it an executive golf course. She stated an executive golf course would make money for the city. Executive Golf Course Comments In response to inquiry by Councilmember Robitaille, Mr. Hagan described an executive golf course. Marshall Granberg, representing the Huntington Beach Gun Club, stated people come from all over southern California to use the Huntington Beach police range. He stated his organization supported Alternative #4 which would provide more time to resolve the potential conflicts of the proposed multiple land uses and which would delay development of the golf course. Sharon Norman stated she is concerned about her and her children's safety and took a course at Golden West College on basic fire arms and weaponry safety. She stated it was important to have a stringently supervised shooting range run by law enforcement personnel. She stated there was only one other range in Huntington Beach which was an indoor range with poor supervision and where she did not feel safe. She stated she was anxiously waiting for the reopening of the police range. Ed Kerins, representing Huntington Beach Tomorrow, stated the citizens of Huntington Beach indicated they would like to have as passive a park as possible. He stated a golf course would disrupt this passive use as well as consume a great deal of water, that all park land should be accessible to all citizens and only a small portion of the site would use a golf course. He stated there should be a gun range, but this is an ideal time to change the location of the range, perhaps the transfer station site or property in another area of the city, because a gun range is incompatible with the passive nature of the park. He stated his organization supported the picnic and lake use, but would like the public to have access to the lake and picnic area on weekends rather than have it rented out to corporations. He suggested the gun range be a "white holed" area and recommended that Council adopt Alternative #3, with the deletion of the golf course; or Alternative #4 with the deletion of the gun range. Chuck Beauregard, representing 300 to 500 families associated with the Golden West Swim Club described the need for pools in the city. He stated before the master plan is approved there should be a land use designation and land use permit for a new active adult and children's center which would include an aquatic facility, locker room, weight room, meeting rooms, gymnasium, ball field, tennis and handball courts, within the city limits and until such time as this is approved he believed all land designations for Central Park should be advisory and unofficial. He urged Council to consider the needs of all of the people. Philip Baumfeld stated he served on the Board of the Ocean View Little League and stated the city of Huntington Beach does not support youth sports but depends on school sites to serve this need. He stated the city does not support the school sites either and schools are closing and being converted to other uses, and youth sports facilities are in jeopardy. He stated the city should direct its attention to youth sports facilities, not just Little League baseball, but soccer, football and aquatics. He stated the city should consider this need or the passive central park will suffer because young people will congregate there with nothing to do. Georgina Dodge stated she runs with their dog in central park and is concerned regarding the development bordering Edwards Street and Ellis Avenue. She expressed concern that this area would still be open to runners and that there would paths that were not paved. She pointed out that Golden West and high school 232 Page 10 - Council/Agency Agenda - 1/18/94 cross country teams use the area for their courses. She suggested a portion of the park be reserved for a dog park and stated dog owners are more likely to pick up after their pets in a dog park than in a regular park. She suggested the methane mitigation site might be used for a dog park. Carol Alter -Nelson, member of the Board of Director of the Therapeutic Riding Center, introduced her brother John Alter. She thanked Council and staff for their support of the riding center and described the feelings of the first pilot project class as they rode the first horse the riding center acquired. She invited Council to visit the center and distributed a coin memento with the logo of the Therapeutic Riding Center stamped on it. Susan Chick, President of the Board of Directors of the Therapeutic Riding Center, thanked Ron Hagan and Jim Engels for their support. She thanked Mary Harris for letting them share the arena and stalls of the equestrian center which allowed their project to be put in motion. Carol Ann Wall, Vice -President of the Therapeutic Riding Center, stated she wanted to give a special thank you to David Allen, their founder. She stated she had planned a surprise presentation for him, but he could not attend the Council meeting. She read the plaque their group had prepared for Mr. Allen. Ed Deuel, member of the Huntington Beach Police Department, spoke regarding saving the police gun range. He stated he lives less than a quarter mile from the range and in seven years, during which time his neighbors complained to him first about everything because he is a police officer, yet they have never complained about the noise from the gun range. He stated having the police gun range in the city saves the city hundreds of thousands of dollars which would be spent in training elsewhere. He stated the Police Officers Association is reconstructing the public side of the facility and plans to offer free courses on weapon safety training for citizens of the community. Mark Porter stated the city has supported youth sports programs in the city and his son and daughter were involved in such programs fifteen years ago. He stated the city had city league basket ball, flag football, and AYSO soccer programs and it was the city that came up with lighting for the fields for night practice, not the school district. He stated the reason many improvements were done around town was because the city got involved when the city had money and the school district did not have the money. He commended Council for changing areas from H (high intensity use) to M (medium intensity use) and suggested they do so throughout the park where no use is currently in place. In speaking of the gun range he suggested the city go out to bid open to all comers, including the Police Officers Association, for the construction and operation of a state of the art gun range. He suggested the gun range, as well as the golf course, be "white holed". Tom Duchene stated he served on the Huntington Central Park Task Force and tonight felt betrayed. He stated the committee was told that once the designations were assigned it would take a 4/5ths majority vote to overturn them, now it is a simple majority vote. They were told the corner of Gothard and Talbert was a Class 3 land fill that did not have a mitigation problem and could be used for a youth sports complex, now it is said there can be no youth sports complex in the area because of methane mitigation. He stated six years ago committees urged Council to build a youth sports complex somewhere in the city, at a closed school site, central park, or at any city park. He stated he believed this was a social issue and urged Council to keep the high density areas until there is something on the books that will serve the needs of the children. Jim Ruziecri stated six years ago he came before Council and asked for a youth sports complex in central park and was told the area at Goldenwest and Talbert would be an ideal location. The homeowners in the neighborhood did not want the complex there and it was moved to Talbert Avenue and Gothard Street. He stated kids need a place to play sports, the concept for Murdy Park is ideal, but he is concerned the next Council might not carry it through. He stated he was on the Central Park Task Force Committee which came up with land designations that Council is now changing. He stated every time there is a new Council 2 3-3 Page #I I - Council/Redevelopment Agency Minutes - 1/18/94 there are changes, and urged Council to think about what was originally planned for central park and think about the kids. Forrest Bonner spoke in support of staff recommendation to include the gun range and stated that it should be operated by the Police Officers Association. He stated he was not in any way associated with the Police Officers Association, but believed they have addressed the noise and safety issues at the gun range in such a way the range would be compatible with the other activities planned for the park. He stated it was very important for the residents of the city to have proper gun training available. BobR der stated he grew up in Huntington Beach and attended Huntington Beach High School and is now a teacher and coach at that school. He stated he had been involved in youth sports in Huntington Beach for 18 years and there is a great need for a youth sports complex. He stated the Murdy Park idea is a good one, if there is a methane problem keep central park passive, but keep in mind a youth sports complex is needed. Priorities in a Youth Snorts Complex - Ball Field and Lighted Fields In response in inquiry by Councilmember Silva to name two or three priorities he would want included in a Youth Sports Complex Mr. Ryder stated the need was for lighted ball fields suitable for baseball, soccer and football. Pat Mayfield stated he was around when the gun range was established and he supported keeping the gun range in the park and the Police Officers Association maintaining control of it. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the administrative hearing was closed by the Mayor. In response to inquiry by the Mayor, Mr. Hagan stated staff was dedicated to trying to resolve the ball field issue; he acknowledged there was a shortage of ball fields and stated the shortage would become even more acute. He stated there was not a growing.population of youth, but more youth were playing sports. He stated staff is working on lighting projects and are trying to keep up with the demand for ball fields. Mr. Hagan stated the Huntington Central Park Master Plan, as proposed, will have practice field space at the methane mitigation area; it will be turfed over. He stated this is not a substitute for a sports complex and staff is aggressively pursuing that on a closed school site. In response to inquiry by Councilmember Bauer, Mr. Hagan stated that at the time the sports field was planned staff was not aware of the extent of the problems with the site; soils testing had not been done and all staff had to plan with was. an initial report that there was not a methane problem, that there was a class one land fill. He stated there was not a mitigation problem, however, as work progressed on the library parking lot project, and because of experiences at the gun range, it became apparent there was a soil stabilization problem. He stated to construct a foundation for lights, concrete bleachers, snack bars, etc. in the area, the stabilization problem would have to be removed and that may or may not be possible. The proposal for Murdy Park was discussed and Mr. Hagan stated the uses proposed in the original youth sports complex were proposed for Murdy Park such as aquatics, gymnasium, tennis, hand ball courts, baseball, soccer, Pop Warner football, and softball. He stated there were other closed school sites that would be suitable for a youth sports complex; Murdy Park site was chosen because of its central location. Measure C was discussed, then Councilmember Bauer asked upon Council approval when could the complex be constructed. Mr. Hagan explained the on -going negotiations taking place at this time with the school district. Discussion was held between Councilmember Bauer, Mr. Hagan and the Police Chief regarding the gun range. Discussion covered the subjects of plans to reopen the public side of the range, plans for improvements to the range, the contract with the Police Officers Association and the police officer training element at the gun range. 234 Page 12 - Council/Agency Agenda - 1/18/94 Brief discussion of a white hole area where the proposed golf course was planned and discussion of the lake area was held between Councilmember Bauer and Mr. Hagan. Councilmember Silva questioned Mr. Hagan regarding the implications of changing the H designations in the master plan to an M designation. Mr. Hagan explained if changed from H to M it would eliminate the possibility of putting structures on the site; it would be limited to turf and open space area. Council - member Silva stated he recommended Council make the youth sports complex the number one priority and recommended Alternative #2 for the master plan. Following discussion with Mr. Hagan regarding the requirement of the Water Management District to keep the sports field at a three degree slope, Councilmember Winchell stated she believed it would be worth taking legal steps to change that requirement. She stated she understood there could not be construction because of the compacting problem, but if the fields were level games could be played on them. Mr. Hagan had reported that the Water Management District required that the sports field, gun range and golf course area would all be required to drain into Sully -Miller Lake. Discussion was held between Councilmember Winchell and Mr. Hagan regarding the difference between a three par nine hole golf course and an executive golf course. Mr. Hagan reported on negotiations for a proposed golf course at Bartlett Park near Newland Street and Adams Avenue. Councilmember Leipzig stated his concern that runoff from turf areas and the golf course would raise the nutrient levels in Sully -Miller Lake which has no outlet. He stated it would be better if the run off went into central park where the other lakes would drain into a storm drain. He stated this may involve great effort with the Regional Water Control Board to gain permission to drain these areas as they should be drained, but in some other direction than Sully -Miller Lake. He stated if this could be done, he would support a very small golf course. A motion was made by Leipzig, seconded by Silva, to take the following actions: Approve Alternative #2 for the master plan of recreational uses in Huntington Central Park. Alternative #2 leaves blank a large portion of the Mushroom Farm, but also includes a nine hole, three par golf course, and picnic and fishing areas that would be required under the terms of the Driftwood Mobile Home Owners Association agreement as interpreted by the City Attorney's Office and staff. It also includes the gun range. This approval is with two conditions: (1) Approve the golf course only if there is no drainage contamination to Sully -Miller lake and that none of the other facilities drain into Sully -Miller lake or that drainage is kept to a minimum. (2) Approve the gun range to stay where it is and be rebuilt only if safety measures such as baffles are incorporated into the gun range rebuilt to completely prevent the possibility of projectiles to escape resulting from civilian use. 2. Direct staff to negotiate an agreement with the Huntington Beach Police Officers Association for renovation and operation of the gun range in Huntington Central Park. 3. Direct staff to return to Council with cost estimates for the environmental work, Measure "C" vote, and funding alternatives. The motion carried by the following roll call vote: AYES: Silver, Robitaille, Moulton -Patterson, Leipzig NOES: Bauer, Winchell, Sullivan ABSENT: None 235 Page #13 - Council/Redevelopment Agency Minutes - 1/18/94 Motion to Retain "H" High Intensity Land Use Designation for Sports Area on Old Landfill Site - Failed A motion was made by Leipzig, seconded by Silva, to retain the land use designation H (high intensity) for the sports uses area on the old landfill site. The motion failed by the following roll call vote: AYES: Silva, Robitaille, Leipzig NOES: Bauer, Moulton -Patterson, Winchell, Sullivan ABSENT: None Motion to Approve "M" Medium Intensity Land Use Designation for Sports Use Area on Old Landfill Site - Approved A motion was made by Sullivan, seconded by Moulton -Patterson, to approve the change in land use designation from H (high intensity) to M (medium intensity) for the sports uses area on the old landfill site. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None MOTION TO CONTINUE MEETING PAST 11 P.M. - CARRIED A motion was made by Leipzig, seconded by Bauer, to continue the Council meeting past 11 p.m. The motion carried by the following roll call vote: AYES: Bauer,-Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva ABSENT: None RECESS - RECONVENE The Mayor called a recess of Council. The meeting was reconvened. CONSENT CALENDAR - (ITEMS REMOVEDI Councilmember Sullivan requested Resolution No. 6562 pertaining to the Memorandum of Understanding with the Police Management Association be removed from the Consent Calendar for separate consideration. Councilmember Robitaille requested the item pertaining to the Huntington Beach High School stadium entry and skate board area be considered separately. Councilmember Bauer requested the following items be removed from the Consent Calendar for separate consideration: the item pertaining to an employment agreement with Assistant City Administrator Ray Silver; the item pertaining to establishing a new law enforcement division and continuation of specialized law enforcement training offered by the Police Department; and the item pertaining to the amendment to the P & E Environmental Services contract for the review of the Bolsa Chica Project Local Coastal Plan Environmental Impact Report and the contract with Public Economics Inc to prepare the Bolsa Chica Plan Fiscal Analysis. 23 Page 14 - Council/Agency Agenda - 1/18/94 CONSENT CALENDAR - (ITEMS APPROVED) On motion by Leipzig, second Winchell, Council approved the following items, as recommended, by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted minutes of the regular October 4, 1993 meeting as written and on file in the Office of the City Clerk. (City Council) RESOLUTION NO 6563 - ADOPTED - EASEMENT FOR SOUTHERN CALIFORNIA EDISON FACILITIES - RESERVOIR HILL BOOSTER STATION - CC-534 - Adopted Resolution No. 6563 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF OVERHEAD SOUTHERN CALIFORNIA EDISON FACILITIES EASEMENT" and approved and authorized the Mayor to sign the Easement Deed for the relocated underground SCE facilities at the subject project site; instructed the City Clerk to record the new Easement Deed with the County Recorder's Office; and approved and authorized the Mayor to sign the "Agreement for Replacement of Overhead with Underground Electric Facilities" for execution with Southern California Edison. (650.80) (City Council) REQUEST FOR CITY OF HUNTINGTON BEACH TO JOIN IN SUPPORT OF AMICUS CURIAE BRIEF - APPROVED - COUNTY OF SAN BERNARDINO AND INLAND COUNTIES EMERGENCY MEDICAL AGENCY, ET AL. V. CITY OF SAN BERNARDINO, ET AL - Joined in the amicus brief determining whether a city or fire district can provide emergency medical services in the manner it deems appropriate or whether such services are subject to county control, authorization and/or veto. A related issue is can a city which receives 911 calls direct its ambulances to respond to a medical emergency or must the city defer to the county or county contracted private companies. (630.50) (City Council) AMENDMENT TO FY 93/94 BUDGET - APPROVED - PARKING METER REPLACEMENT - PACIFIC COAST HIGHWAY - Approved an amendment to the FY 93/94 budget to increase Account 9346434 by $19,600 to replace ninety-eight inoperable meters on Pacific Coast Highway. (320.20) (City Council/Redevelopment Agency) DOWN PAYMENT ASSISTANCE PROGRAM - PARTICIPANT APPROVAL - MEETING SCHEDULED TO RECONSIDER AN APPLICANT WHO HAD BEEN DENIED APPROVAL - DIECKMEYER The City Clerk presented a communication from the Economic Development Director regarding participant approval for the Down Payment Assistance Program. A motion was made by Leipzig, seconded by Winchell, to (1) Approve and incorporate each listing, which names specific participants, the amount of each loan and the specific property subject to trust deed, into a previously approved sample Down Payment Assistance Loan Agreement (hereinafter "Agreement"). Each listing is contained in the memo to Council, dated January 11, 1994, (2) Authorize the Mayor to execute and the City Clerk to attest to each Agreement between the City and each participant as approved herein, (3) Release funds for Down Payment participants. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None 237 Page #15 - Council/Redevelopment Agency Minutes - 1/18/94 The City Administrator informed Council staff would meet with Barbara Dieckmeyer who spoke under the Public Comments portion of the meeting. He stated her application for down payment assistance under the Community Development Block Grant Program would be reconsidered. (City Council) HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AREA AND SKATE BOARD AREA - PLANS AND SPECIFICATIONS/CALL FOR BIDS - CC-886 (600.80) The City Clerk presented a communication from the Director of Community Services and the Director of Public Works regarding the Huntington Beach High School stadium entry and skate board area. Councilmember Robitaille stated the city should be responsible for all costs of the skateboard park but should not pay for landscaping of the Main Street entrance to the new stadium, the new stadium entry way, ticket booth, new security lighting and new fencing. He suggested staff negotiate a new agreement with the school district. The Director of Community Services presented a report on the matter and outlined the benefits to the community in constructing the skateboard park. Discussion was held regarding the number of days the city is allowed to use the stadium with the permit fee waived by the school district. A motion was made by Leipzig, seconded by Bauer, to approve the plans and specifications and authorize the Director of Public Works to solicit construction bids for the construction of a stadium entry and skate board area upon certain portions of district property; and approve the Sample Contract, subject to award of contract to approved lowest responsible bidder; and approve agreement with the Huntington Beach Union High School District for the use and development of improvements on district property, and authorize the Mayor to execute same. The motion FAILED by the following roll call vote: AYES: Bauer, Winchell, Leipzig NOES: Silva, Robitaille, Moulton -Patterson, Sullivan ABSENT: None A motion was made by Silva, seconded by Sullivan, to approve the plans an specifications and authorize the Director of Public Works to solicit construction bids for the construction of a stadium entry and skate board area upon certain portions of the district property located at the east end of Huntington Beach Union High School property adjacent to Main Street; and approve the Sample Contract, subject to award of contract to approved lowest responsible bidder; and approve amended agreement with the Huntington Beach Union High School District for the use and development of improvements on district property, the amendment to change from four days to up to ten days in which the city is allowed to use the stadium with the permit fee waived; and authorize the Mayor to execute same. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan NOES: Moulton -Patterson ABSENT: None (City Council) EMPLOYMENT AGREEMENT - APPROVED - ASSISTANT CITY ADMINISTRA- TOR - RAY SILVER (600.10) The City Clerk presented a communication from the City Administrator regarding the employment agreement for the Assistant City Administrator. 238 Page 16 - Council/Agency Agenda - 1/18/94 The City Administrator presented a report on the matter. The City Attorney stated references to Exhibit A and Exhibit B should be stricken from the contract. On motion by Leipzig, second Silva, Council approved the employment agreement for the position of Assistant City Administrator and authorized the City Administrator and City Clerk to execute same. The motion carried unanimously. (CityCouncil) NEW LAW ENFORCEMENT DIVISION - SPECIALIZED LAW ENFORCEMENT TRAINING -POLICE DEPARTMENT- (530.10) The City Clerk presented a communication from Chief of Police regarding establishing a new training division. The Chief of Police presented a report on the matter and clarified that revenue earned under the program would go into the general fund. On motion by Bauer, second Sullivan, Council approved continuation of providing specialized law enforcement training to interested agencies to generate revenue; established a new cost division within the Police Department and funded it with $20,000 from the unappropriated general fund balance; authorized expenditures for these supplies and equipment, not to exceed the amount of revenue received from these services on a fiscal year basis by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) RESOLUTION NO 6562 - ADOPTED - MEMORANDUM OF UNDERSTANDING - POLICE MANAGEMENT ASSOCIATION (PM (720.20) The City Clerk presented a communication from the Director of Administrative Services transmitting the Memorandum of Understanding between the City and the Police Management Association. The City Clerk presented Resolution No. 6562 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION AND THE CITY OF HUNTINGTON BEACH." Councilmember Sullivan referred to a memorandum written by Councilmember Winchell requesting that deleted verbiage in legislative draft backup material be "lined through" rather than by "strike through" as "strike through" is difficult to read. Councilmember Winchell referred staff to the procedure used in the legislative draft of amended ordinances. Councilmember Bauer stated his concern regarding the automobile allowance and referred to a memorandum dated August 16, 1993 provided to him by the City Administrator, regarding development of a fleet policy on automobiles and a fleet management program manual to be developed. The City Administrator reported that the policy would be presented to Council on February 1, 1994. On motion by Leipzig, second Moulton -Patterson, Council adopted Resolution No. 6562 by the following roll call vote: 239 Page #17 - Council/Redevelopment Agency Minutes - 1/18/94 AYES: Silva, Robitaille, Moulton -Patterson, Winchell, Leipzig NOES: Bauer, Sullivan ABSENT: None (City Council) APPROVED AMENDMENT TO CONTRACT - P & D ENVIRONMENTAL SERVICES FOR REVIEW OF THE BOLSA CHICA PROJECT LOCAL COASTAL PLAN EIR APPROVED - PUBLIC ECONOMICS, INC. CONTRACT - PREPARATION BOLSA CHICA PLAN FISCAL ANALYSIS WITH A WAIVER OF INSURANCE REQUIREMENTS (600.10) The City Clerk presented a communication from the Planning Director regarding an amendment to the contract with P & D Environmental Services and the contract with Public Economics, Inc. which relates to the Bolsa Chica Project. Councihnember Bauer stated his concerns regarding the qualifications of Public Economics, Inc. to prepare the Bolsa Chica fiscal analysis. The Director of Administrative Services reported on the matter and clarified it will be an up date of the prior analysis to reflect changes and assumptions in the current Environmental Impact Report. Councihnember Bauer urged a careful review of the report by Council before the report is published as he was concerned the report be accurate. The City Administrator reminded Council of the presentation on the Bolsa Chica Project EIR scheduled for January 31, 1994. A motion was made by Sullivan, seconded by Leipzig, to (1) Approve and authorize execution of amendment #1 to Professional Services Contract between the city and P & D Environmental Services in the amount of $9,040 for review and comment on the EIR, Air Quality, Noise & Soils Contamination impact sections (2) approve and authorize execution of the Professional Services Contract between the city and Public Economics, Inc. in the amount of $10,350 to prepare an EIR fiscal impact analysis on the Bolsa Chica Plan and waive professional liability insurance requirements pursuant to Resolution No. 6023 and (3) approve General Fund appropriation of $29,040 for said consulting services including an extra $9,a650 only to be used to cover incidental meetings and extra work not anticipated in original scopes of work and (4) direct that the consultant meet with Councihnember Bauer regarding Councilmember Bauer's concerns that all pertinent data be considered in the development of the report. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None (Redevelopment Agency) IMPLEMENTATION PLAN FOR IN -LIEU PARKING FEE PROGRAM - IMPLEMENTING RESOLUTION - DOWNTOWN SPECIFIC PLAN AREA - AGENCY RESOLUTION NO 253 - CONTINUED TO NO DATE CERTAIN (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. This item was continued from the January 3, 1994 Council meeting. The City Clerk presented Resolution No. 253 for Agency 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." 240 Page 18 - Council/Agency Agenda - l/18/94 On motion by Sullivan, second Winchell, the Agency continued consideration of Resolution No. 253 by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) SUMMARY OF 1993 FOURTH OF JULY PARADE AND PLANS FOR THE 1994 PARADE - RECEIVED AND FILED The City Clerk presented a communication from Deborah J. Cope, President, Fourth of July Board transmitting the summary of the 1993 Fourth of July Parade and the proposed budget and plans for the 1994 parade. Discussion was held regarding the budget for the parade and festival. Councihnembers expressed their thanks and appreciation to Ms. Cope and the Fourth of July Board for their work and commitment to the parade and celebration. On motion by Leipzig, second Moulton -Patterson, Council received and filed the report from the Fourth of July Board on the summary of 1993 Fourth of July Parade and plans for the 1994 parade and expressed the Council's official thank you and appreciation to the Fourth of July Board for their endeavor by unanimous vote. (City Council) HOLLY SEACLIFF AFFORDABLE HOUSING PLAN - CONTINUED TO 2/7/94 (430.50) The City Clerk presented a communication from the Planning Director transmitting the Holly-Seacliff Affordable Housing Plan. The Holly-Seacliff Specific Plan requires all developers of residential projects to submit an affordable housing plan in conjunction with any subdivision. By consensus of Council the Seacliff Partners' Affordable Housing Plan for Holly Seacliff Area was continued to February 7, 1994 at the request of Tom Zanic, vice-president of Seacliff Partners in his letter to Council dated January 18, 1994. (City Council) NOTICED HEARING - RESOLUTION NO 6564 - ADOPTED - ACQUISITION CERTAIN PROPERTY TO PERMIT STREET WIDENING - ELLIS AVENUE BETWEEN GOLDENWEST & EDWARDS - HOLLY SEACLIFF AREA - EMINENT DOMAIN (650.50) The Mayor announced this agenda item as a special public hearing held under Code of Civil Procedure Section 1245.235. The subject matter of this special public hearing is limited to the following items: Whether the public interest and necessity require the proposed project, which is the widening of the north one-half of Ellis Street between Edwards and Gothard Avenues in the City of Huntington Beach. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. Whether the property described in the resolution is necessary for the proposed project The amount of compensation is not at issue during this public hearing. It will be decided by the courts at a later date, should the resolution be adopted. 241 Page #19 - Council/Redevelopment Agency Minutes - 1/18/94 A two-thirds majority is required to adopt the resolution. The City Attorney stated this is a noticed hearing and only those property owners or their representatives who have filed a timely request to be heard with the City Clerk will be allowed to speak at this time. In response to inquiry by the Mayor, the City Clerk announced no one had filed to speak at this time. The City Clerk presented a communication from the Director of Administrative Services regarding a Resolution of Need and Necessity for property acquisition by eminent domain for street widening of Ellis Avenue between Goldenwest Street and Edwards Street. The City Clerk presented Resolution No. 6564 for Council consideration - "A RESOLUTION OF PUBLIC NECESSITY OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY TO PERMIT STREET WIDENING." On motion by Silva, second Leipzig, Council adopted Resolution No. 6564 by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) CONSTRUCTION OF NEW RESTAURANT AT END OF PIER - APPROVED (240.20) The City Clerk presented a communication from the Director of Public Works and the Community Services Director regarding the City's approved conceptual plan for the construction of the new restaurant (Ruby's), bait and tackle shops, snack shop, public restrooms and lifeguard tower on the Municipal Pier. The Director of Public Works presented a report and recommended that only the restaurant be constructed at this time until funding for the rest of the buildings becomes available. Discussion was held between Council and staff regarding funding for the restaurant, the possibility of private enterprise building the restaurant and the difference between funding for this restaurant and the restaurant at the foot of the pier. Councilmember Winchell referred to the report from Anthony and Langford and stated her concerns regarding use of construction materials that would be low maintenance and would not rust. The City Administrator stated the issue would be addressed at a later date. On motion by Silva, second Moulton -Patterson, Council authorized staff to move forward with the construction of a new restaurant at the end of the Municipal Pier. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: None `4 Page 20 - Council/Agency Agenda - 1/18/94 (City Council) ORDINANCE NO 3226 - ADOPTED - 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 Silva, second Bauer, Council adopted Ordinance No. 3226, after reading by title, by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson NOES: Winchell, Leipzig, Sullivan ABSENT: None (City Council) ORDINANCE NO. 3224 - ADOPTED - 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 Silva, Bauer, Council adopted Ordinance No. 3224, after reading by title, by the following roll call vote: AYES: Silva, Bauer, Robitaile, Moulton -Patterson, Leipzig, Sullivan NOES: Winchell ABSENT: None (City Council) ORDINANCE NO 3225 - ADOPTED - OFF-STREET PARKING, LOADING AND LANDSCAPING TO INCLUDE 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." AYES: Silva, Bauer, Robitaile, Moulton -Patterson, Leipzig, Sullivan NOES: Winchell ABSENT: None (City Council) ORDINANCE NO 3228 - REMOVED FROM AGENDA - AGGRESSIVE PANHANDLING (640.10) The City Clerk presented Ordinance No. 3228 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 12 TO THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO AGGRESSIVE PANHANDLING." This item was removed from the Agenda at the request of the City Attorney. 243 Page #21 - Council/Redevelopment Agency Minutes - 1/18/94 (City Council) ORDINANCE NO 3229 - INTRODUCED AS AMENDED - POLICE SERVICES AT LOUD PARTIES OR OTHER ACTIVITIES (640.10) The City Clerk presented Ordinanee.No 3229 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON."Ilf AGH `MENDING CHAPTER 8.42 BY AMENDING SECTIONS 8.42.010(C), 8.42.020, 8.42.030, 8.42.040 AND ADDING SECTION 8.42.050 PERTAINING TO USE OF POLICE SERVICES AT LOUD PARTIES OR OTHER ACTIVITIES." The City Attorney presented a report on the matter. Discussion was held regarding the amendment to make hosts or property owners liable if the police return on a noise complaint within a certain time period. The length of the time period was discussed. A motion was made by Winchell, seconded -by Moulton -Patterson, to approve introduction of Ordinance No. 3229, after reading by title, as amended by changing legislative draft Section 8.42.020 to read "...within a 30-day period..." and Section 8.42.030 to read " within a 30-day period ." The motion carried by the following roll call vote: AYES: Silva, Bauer Robitaille, Moulton -Patterson, Winchell, Sullivan NOES: Leipzig ABSENT: None 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(c) to confer with its attorney regarding pending litigation - Metro Display Advertising. (120.80) RECESS - RECONVENE The Mayor called a recess of Council. The meeting was reconvened. REPORT REQUESTED - INITIATIVE RE: CHARTER AMENDMENT - PERS Councilmember Winchell requested a report on the proposed Charter Amendment relative to employee retirement provisions. 2A4 Page 22 - Council/Agency Agenda - 1/18/94 COUNCIL/AGENCY ADJOURNMENT Mayor Moulton -Patterson adjourned the regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, January 31, 1994, at 5:00 P.M. in the Council Chamber, Civic Center, Huntington Beach, Californieio '� Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the city of Huntington Beach, California AS�Tc' City Clerk/Clerk Mayor/Chairman 245