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HomeMy WebLinkAbout1994-02-22MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Tuesday, February 22, 1994 A tape recording 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. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Leipzig, Sullivan, Winchell (arrived 5:10 p.m.) ABSENT: None STUDY SESSION - NEW CABLE TV REGULATIONS Howard Stephens, Public Cable Television Authority Executive Director, presented a staff report regarding the joint powers agreement, sale of the system to Paragon Cable, goals of the PCTA, aspects of the Cable Television Act, budget, annual audit, revenue and expiration of the franchise agreement on September 30, 2004. He stated that five documents had been distributed to Council regarding the new cable TV regulations. Discussion was held by Council and staff regarding fiber optics technology, increase in number of channels that will be available, installation time, regulation of objectionable programming, public access channels, government channels and reduction in bench -mark rate. CLOSED SESSION 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 - Nancy Smith v. City of Huntington Beach - OCSCC 70-08- 35. (120.80) 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) RECESS -RECONVENE The Mayor called a recess of Council at 5:10 p.m. The meeting was reconvened at 6:25 p.m. A videotape recording of this meeting is on file in the City Clerk's Office. 041 Page 2 - Council/Agency Minutes - 02/22/94 PLEDGE OF ALLEGIANCE The pledge of allegiance was lead by Mayor Moulton -Patterson. PRESENTATION - $500 CHECK - REWARD FOR REPORT OF GRAFFITI VANDALISM Mayor Moulton -Patterson, Elizabeth Long, Neighborhood Watch Vice President, and Suzie Wajda, Neighborhood Watch Education Specialist, presented a check for $500 to Diane Colebaugh as reward for turning in graffiti vandals under the terms and conditions of the city's anti -graffiti ordinance. Suzie Wajda stated that the Neighborhood Watch is proud to donate the money to this worthy cause and challenged businesses to donate funds to support the cause. PROCLAMATION - MONTH OF MARCH - RED CROSS MONTH Mayor Linda Moulton -Patterson presented a proclamation to Cathy Andrew, Contract Education Specialist, Orange County Red Cross, proclaiming March as Red Cross Month. Ms. Andrews presented Mayor Moulton - Patterson a Red Cross Flag to be flown at City Hall during the month of March. PROCLAMATION - MONTH OF FEBRUARY - AMERICAN HEART ASSOCIATION MONTH Mayor Moulton -Patterson presented a proclamation to LuAnn Herdman, American Heart Association, Orange County Chapter, proclaiming February as American Heart Association Month. Mayor Moulton -Patterson presented a proclamation to Shirley Dettloff and Dave Garofalo proclaiming February as American Heart Association Month. Shirley Dettloff, American Heart Association Huntington Valley President, spoke regarding a fund-raiser being held Friday, February 25, 1994 entitled "Cardiac Arrest" to be held at Los Caballeros sports facility in Fountain Valley, with Co -Chairpersons Fountain Valley Councilmembers Laurann Cook and George Scott. She extended an invitation to the City Council members. She introduced Board members Ralph Bauer, Dave Sullivan and other American Heart Association members present. (City Council) CONTINUED TO MARCH 7, 1994 - CODE AMENDMENT NO. 93-5 A - ENVIRONMENTAL ASSESSMENT NO. 93-20 - STANDARDS FOR OUTDOOR DINING - INTRODUCTION OF ORDINANCE NO.3232 (640.10) The City Administrator announced that agenda item D-4 regarding Standards for Outdoor Dining be continued for further staff review. A motion was made by Leipzig, seconded by Winchell, to continue agenda item D-4 regarding Standards for Outdoor Dining to March 7, 1994. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (out of room) 0,A 2 Page 3 - Council/Agency Minutes - 02/22/94 (Redevelopment Agency) CONTINUED FROM FEBRUARY 7. 1994 - EDUCATIONAL REVENUE AUGMENTATION FUND (ERAF) PAYMENT - (HUNTINGTON CENTER & LOW & MODERATE INCOME HOUSING FUND EXPENDITURES) - CONTINUED TO MARCH 7, 1994 (400.10) The City Administrator announced that agenda item F-3 regarding Educational Revenue Augmentation Fund Payment be continued to March 7, 1994 for further staff review. PUBLIC COMMENTS Kirk Kirkland, Florida/Utica Task Force representative, spoke regarding a Resolution of the Florida/Utica Task Force approved at their January meeting in opposition to street vending trucks, regarding the daily disturbances caused by the horns of the vending trucks, trash refuse left behind, diminished on -street parking, prevention of gang appearance, loitering which is a detriment to the area and vending trucks not necessary as there is a market is within one-half mile.. He stated that the Task Force meets monthly to work on improvements for the area and requested that Council adopt an ordinance to stop vending trucks in that area. He distributed a copy of the Resolution regarding street vending trucks dated February 8, 1994 to Council. Tom Zanic, Seacliff Partners representative, spoke in support of the Holly-Seacliff Affordable Housing Plan. He stated that the Planning Commission has approved the first one hundred fifty units and construction will begin this year. He requested that Council approve the Affordable Housing Plan as written without proposed staff changes. Rob Raban spoke regarding a letter with specific questions he sent to the Bolsa Chica Alliance and stated that he received a response but his questions were not answered. He spoke in support of the proposed grand jury investigation. Gerand Milland, American Indian Movement representative, spoke in opposition to the destruction of sacred burial sites for archaeological study. He requested that the city do something about this injustice. He stated that the American Indian Movement is engaged in a Walk for Justice and will meet with President Clinton to discuss this and other issues. Clarence Friend spoke in opposition to the use of school district funds for a skateboard park. He stated that the school district should have used the funds for repair of broken windows, non-functioning drinking fountains, and to provide hot water in the gymnasiums. Jacqueline Geier -Lahti, living history actor at San Juan Capistrano, spoke regarding a conversation she had with David Valardez, Indian monitor on the Bolsa Chica wetlands, on October 8, 1992 in which he stated that very old human remains were found in the area of ORA 83, that he had witnessed reburials, and that there were many necklaces and other artifacts at the burial sites. She stated that because more than six burials were discovered in the area, it could be eligible as an Indian Cemetery district. Richard Henderson, Orange County Transportation Authority Citizen's Advisory Committee, spoke in support of the widening of Pacific Coast Highway between Goldenwest Street and Beach Boulevard from four lanes to six lanes. He stated that Council approved the widening in October, 1989 and received over one million dollars ($1,000,000) from the county which will need to be paid back if the city decides not to widen Pacific Coast Highway. He spoke in support of the widening due to traffic congestion which has a negative effect on business. He requested the City Attorney and the Fair Political Practices Commission to investigate the legality of Councilmembers Moulton -Patterson and Bauer's vote on this project as they both own property in the area. He stated that as a future City Council candidate he challenged Councilmember Moulton -Patterson and Bauer to take responsible action to improve the business climate and protect jobs in the city. 043 Page 4 - Council/Agency Minutes - 02/22/94 Sandra Cole, Ron Laramie, and Dr. Ray Manion, Huntington Beach Mobilehome Owners Association representatives, spoke in opposition to the initiative proposed by the Mobile Home Park Owners Association entitled "Mobile Home Fairness and Rental Assistance Act' and requested that the City Council direct staff to prepare a resolution in opposition to this initiative. Sandra Cole distributed a communication to Council regarding the proposed resolution dated February 21, 1994. Vera Rocha, Chief Yana, and Manuel Rocha, Gabrielino Spiritual Leader of the Gabriel ino/Shashoni Indian Nation, spoke in opposition to development of the Bolsa Chica. They spoke regarding the desecration of burial sites, respect for the land, boundaries of different Indian Nations, and opposition to Indian monitors being from another tribe. Leeona Klippstein, Spirit of the Sage Council representative, spoke in support of the Gabriel ino/Shoshoni Indian Nation. She spoke regarding the biological impacts, destruction of sacred sites, and cultural impacts. She requested that the city fully disclose all archeological impact reports to the Gabriel ino/Shoshoni Nation. She spoke in support of a grand jury investigation. Sid Hallburn spoke in support of the Native Americans and in opposition to the development of the Bolsa Chica and the disruption of sacred burial sites. He requested that the Council listen to the Native Americans, respect them, and treat them fairly. He stated that the life span for an Indian man on a reservation is forty-two years. Adrianne Morrison, Amigos de Bolsa Chica Executive Director, spoke in opposition to the January 31, 1994 Council meeting not being re -broadcast on HBTV-3 the following morning. Jim Velasques, Local Coastal Gabrielino Shoshone Indian representative, spoke in support of the proposed grand jury investigation. He stated that his tribe intends to file a complaint with the district attorney and to file a lawsuit against the Koll Company and the State of California. He spoke in opposition to Indian monitors being paid on the excavation site. Arturo Paztel Cuauatemoc, Cuauatemoc Indian Clan representative, spoke in support of the Council taking time to make the right decision and stated that he believes someone is hiding information from them. Terrie Restivo, American Indian Movement Sacred Sites Committee representative, spoke regarding the omission of Indian monitor names from the Draft Environmental Impact Report and stated that the Gabrielino Shoshone Indians have not been notified of the archeological findings. She spoke in opposition to land acquisition, greed, and cover ups. She spoke in support of a grand jury investigation of the Koll Company. Connie Boardman, Bolsa Chica Land Trust representative, spoke in opposition to discrepancies in Koll Company reports, guards patrolling the area, and in support of a grand jury investigation. Dick LeGrue spoke in opposition to the inconsistencies in the Draft Environmental Impact Report, archeological reports unavailable from Orange County Coroners office, and in support of the proposed grand jury investigation. Leon McKinney spoke in opposition to the vote cast by Mayor Moulton -Patterson to reinstall Henry Weeda on the Air Quality Management District and stated that Mr. Weeda is responsible for businesses leaving the area. Lillian Robles, Ajachamen Indian representative, spoke in support of the preservation of sacred ancestral sites, preservation of the earth, a sense of values, and the proposed grand jury investigation. She stated that at a recent meeting the Koll Company was represented by an attorney and would not allow representation by an attorney. 044 Page 5 - Council/Agency Minutes - 02/22/94 Nancy Donaven stated that the Henley Group (predecessor of the Koll Company) was aware of human burials as early at the summer of 1990 as reported to her by a former employee of the Henley Group. She spoke in opposition to the Draft Environmental Impact Report because it does not stated that remains have been found in the area and in support of the proposed grand jury investigation. Adam Loya, Gabrielino Indian Tribe representative and a high school student, spoke in support of the preservation of the Bolsa Chica as a cultural resource. He stated that there should be an American Indian Day each year. Huitziliztlitiv Aguilar spoke in opposition to the treatment of Indian ancestral burial sites. Cindy Montanez, University of California Los Angeles student, spoke in support of the preservation of the Bolsa Chica. Paul Horgan spoke in support of the preservation of the Bolsa Chica. He spoke regarding the archaeological and cultural history of the area and the fact that the Draft Environmental Impact Report states that no human remains were found. He stated that it would be easier for the Koll Company to build on the wetlands if no bones had been discovered. He spoke in support of a review of the preparation of the Draft Environmental Impact Report. Ed Kerins, Huntington Beach Tomorrow representative, spoke in support of the proposed grand jury investigation. He stated that human skeletal remains were found on the site, the findings were not reported to the coroner as required by law and the findings are not contained in the Draft Environmental Impact Report. He stated that we need to find out who is withholding information from the public and take action. Susan Hod, Koll Real Estate Group representative, spoke regarding a meeting held February 17, 1994 between the landowner and the five most likely descendants and stated that Koll Company was not represented by an attorney as she excused herself from the meeting due to the concern expressed. She stated that Koll Company has not paid legal fees for the legal recognition of the tribe and that the most likely descendants are not on the Koll Company payroll. She read from a letter written by Lucy Dunn, Koll Real Estate Group, entitled Fact Sheet, Archeological Excavations at Bolsa Chica which was distributed to Council in support of the Koll Company handling of the archeological excavations. ACTIONS ON THE ARCHAEOLOGICAL FINDINGS IN THE BOLSA CHICA Councilmember Bauer requested that due to public interest the agenda item H-2 regarding archaeological findings on the Bolsa Chica be taken out of order and heard at this time. Councilmember Bauer spoke in support of the preservation of the archeological and cultural aspects of the Bolsa Chica area for the scientific information and to maintain the dignity and integrity of all Native Americans and their ancestors. He addressed deficiencies in the Draft Environmental Impact Report regarding lack of information on human remains in ORA 83 which makes the report subject to serious question. He read into the record comments he has received from people in the last few weeks regarding eye witness examination of human remains approximately 8,000 years old and reports of in excess of ten burials in the area. A communication was distributed from Councilmember Bauer entitled Report Concerning the Archeological Aspect of the Bolsa Chica Draft Environmental Impact Report Published by the County of Orange as County Project Number 551 was distributed to Council. The City Clerk announced a communication received in support of the development from Lucy Dunn, Koll Real Estate Group Senior Vice President dated, February 22, 1994, and two communications in opposition to the development from May Davis dated February 22, 1994 and Julie Lurie dated February 15, 1994. 04o . Page 6 - Council/Agency Minutes - 02/22/94 Councilmember Sullivan referred to a document and requested the Sergeant -at -Arms to distribute it to the press. Councilmember Sullivan distributed the document to the Councilmembers. Motion to Forward a Request to Investigate to the Orange County Grand Jury - Approved Following discussion a motion was made by Bauer, seconded by Sullivan, to forward to the Orange County Grand Jury a request to investigate all archaeological and cultural activities at Bolsa Chica by public and private entities, make certain all laws, procedures, rules, regulations and policies have been followed, and make recommendations to improve the system used to investigate and preserve archeological sites. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None Motion to Forward a Request to Investigate to the California Coastal Commission - Approved A motion was made by Bauer, seconded by Sullivan, that the Huntington Beach City Council contact the Coastal Commission , send them the appropriate information and have them determine whether any permits they may have issued should remain in force or be rescinded. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Sullivan NOES: Silva, Robitaille, Leipzig ABSENT: None Motion to Forward a Request to Investigate to the Native American Indian Heritage Commission, State Historical Resources Commission and the Office of Historic Preservation - Approved Following discussion a motion was made by Bauer, seconded by Sullivan, that the Huntington Beach City Council contact the Native American Heritage Commission, the State Historical Resources Commission, and the Office of Historic Preservation, send them the appropriate information and have them determine whether all procedures required by the State have been and will continue to be followed and further, that these agencies be requested to continue to monitor all activities in the Bolsa Chica having to do with archaeological and cultural aspects of the site. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None Carol Kanode and Irene Biggs, Co -Founders of Huntington Youth Shelter - Re: appreciation of Council support of the Huntington Youth Shelter Mayor Moulton -Patterson announced that Carol Kanode was unable to attend the meeting. Mobile Home Review Committee - Emergency Appointment of Norma Brownell to Vacancy Created by the Resignation of John Sisker - (Mobilehome Resident Position) - Approved The City Clerk presented a communication from the City Administrator regarding Emergency Mobile Home Review Committee Replacement dated February 22, 1994. 046 Page 7 - Council/Agency Minutes - 02/22/94 Councilmember Sullivan accepted with regret the resignation of John Sisker from the Mobile Home Review Committee and, pending compliance with the Maddy Act posting requirements, approved the emergency appointment of Norma Brownell to the "mobile home resident" position to fill the vacancy created by the resignation of John Sisker. Report by Mayor Moulton -Patterson - Air Quality Management District Representative Vote Mayor Moulton -Patterson reported that the League of California Cities met February 17, 1994 regarding the ongoing votes that have been taken for the Air Quality Management District representative between Hank Weeda and other members and stated that the issue has been highly publicized and that the City Council is divided on whom they would like to represent the city on the AQMD Board. She stated on the third round of voting she voted for Hank Weeda as a compromise and with the assurance that Mr. Weeda would not seek re- election. Mid -Year Budget Review The City Administrator stated that he was prepared to present the Mid -Year Budget report but due to the late hour he requested that the budget report be continued to March 7, 1994. Communications entitled City Administrator's Report and Mid -Year Budget Review dated February 22, 1994 were distributed to Council. Report Requested Regarding Mobilehome Fairness and Rental Assistance Act Mayor Moulton -Patterson requested that a staff report be prepared and placed on the agenda for Council action regarding the "Mobile Home Fairness and Rental Assistance Act". The City Administrator stated that a report would be prepared for the next Council meeting. (City Council) PUBLIC HEARING - CODE AMENDMENT NO. 92-5 - DOWNTOWN SPECIFIC PLAN REWRITE "VILLAGE CONCEPT" & PARKING MASTER PLAN - RESCHEDULED FOR MARCH 7. 1994 (450.30) The Mayor announced that this was the day and hour set for a public hearing to amend the Downtown Specific Plan located in an area bounded by Goldenwest Street, Pacific Coast Highway, Beach Boulevard and Sixth Street for the purpose of scaling down development standards, creating three planning nodes, affordable housing standards and a comprehensive parking management plan. The public hearing was originally continued open from December 6, 1993 to February 22, 1994. The City Council at its February 7, 1994 meeting instructed staff to reschedule this public hearing for March 7, 1994. The City Clerk presented a communication from the City Administrator dated February 22, 1994 entitled Code Amendment No. 92-5, Downtown Specific Plan Rewrite "Village Concept" and Parking Master Plan. Councilmember Winchell reported that the Council Committee has been meeting weekly and that the Committee and members of the public involved request that the item relating to the Downtown Specific Plan and the Downtown Master Parking Plan be continued to March 7, 1994 0 47 Page 8 - Council/Agency Minutes - 02/22/94 A motion was made by Winchell, seconded by Sullivan, to continue Code Amendment No. 92-5, the Downtown Specific Plan rewrite and Downtown Parking Master Plan to the March 7, 1994. AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) RECESS - RECONVENE The Mayor called a recess of Council at 9:00 p.m. The meeting was reconvened at 9:15 p.m. (City Council) PUBLIC HEARING - CONTINUED OPEN FROM FEBRUARY 7, 1994 - HOLLY-SEACLIFF COST REIMBURSEMENT DISTRICT NO. 93-1 RESOLUTION NO. 6565 - DENIED (350.10) The Mayor announced that this was the day and hour set for a public hearing to consider the establishment of Holly Seacliff Cost Reimbursement District No. 93-1 the financing of public facilities and related improvements within the city. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Department of Public Works had made mail notification. The City Clerk presented Resolution No. 6565 for council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 519 ENTITLED'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE'. (SUPPLEMENTAL FEE RESOLUTION NO. 45)." Steve May, Principal Engineer, presented a staff report and responded to questions from the public at the last meeting. William Steokev, Willdan and Associates representative, presented a report regarding the proposed improvements to be provided by the assessment district, improvements that will benefit other properties, change in the land use, traffic modeling and proposed assessment method. A communication from Willdan and Associates was distributed to Council. Jerome Fournier, Willdan and Associates representative, presented a report using slides regarding the adopted city assessment district policy, detailed analysis of development potential of each property, activities subject to payment of assessment fee, activities not subject to payment of assessment fee, and trip generation factors. He stated that the proposed assessment district would provide street improvements, acquisition of street right- of-way, sewer improvements, storm drain facilities, water improvements, Fire and Police Stations. The Mayor declared the public hearing open. The City Clerk announced communications received in support of the assessment district from Dennis Didden, Bakers and Associates dated February 22, 1994, William Holman, Seacliff Managers Project Manager dated February 3, 1994, James Torline dated February 17, 1994, Carl Lawrence dated February 18, 1994, Kenneth Bley, Cox, Castle and Nicholson Law Office dated February 21, 1994, Patricia Steer dated February 22, 1994, and Nancy Ryme dated February 17, 1994 and distributed to Council. The City Clerk announced communications received in opposition to the assessment district from Cynthia Wolcott, Signal Oil Company Attorney dated February 22, 1994, Elmer Goetsch, Milton Marow, Jack and June Santiago, and Jerry Dominguez, Southern California Edison Company dated February 17, 1994 and distributed to. Council. Page 9 - Council/Agency Minutes - 02/22/94 Bill Holman, Tom Zanic, Seacliff Partners representatives, Dave Walden, Walden and Associates, Ken Bley, Cox, Castle Law Office, Sam Garza, Friends and Neighbors of Seacliff, and Jerry Galich spoke in support of the proposed assessment district regarding the needed improvements, slides shown of the area, program termination in twenty years, increased property values, trip generation, and alternative methods of reimbursement for improvements. Patrick Duffy, Monteleone and McCrory Law Office, spoke representing seven property owners in opposition to the proposed assessment district stating the burden of the improvements should be on the developer. He stated none of the improvements are solely for the development of property outside of the district, traffic modeling not done, the lien is the same as a trust deed, annual interest charges, and urged Council to deny the assessment district. Public Hearing Continued on Page Eleven MOTION TO CONTINUE MEETING PAST 11:10 P.M. - APPROVED A motion was made by Sullivan, seconded by Leipzig, to continue the meeting to complete the public hearing on the proposed Holly-Seacliff Assessment District and the issue of the televising and re -broadcasting of Council meetings the next morning, and continue the balance of the agenda items to include the opening and continuing of the public hearings to February 14, 1994 at 7:00 p.m. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) (City Council) CONTINUED OPEN TO FEBRUARY 28, 1993 - PUBLIC HEARING - CODE AMENDMENT NO. 93-7 - CONSTRUCTION REQUIREMENTS FOR CANTILEVER DECKS - INTRODUCTION OF ORDINANCE NO. 3231 (640.10) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 93-7. APPLICANT: City of Huntington Beach LOCATION: City wide ZONE: City wide REQUEST: To amend Chapter 17.24 of the Huntington Beach Municipal Code by deleting the maximum segment length of a sun deck that projects over the bulkhead on water front lots. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15320, Class 20 of the California Environmental Quality Act, as included in City Council Resolution No. 4501. COASTAL STATUS: Not applicable This hearing was continued open to February 14, 1994 at 7:00 p.m. (See aforementioned motion.) i �' Page 10 - Council/Agency Minutes - 02/22/94 CONSENT CALENDAR (City Council/Redevelopment Agency) MINUTES - CONTINUED TO FEBRUARY 28, 1994 (City Council) INTERGOVERNMENTAL SERVICES AGREEMENT FOR HUNTINGTON BEACH JAIL SERVICES WITH THE CITY OF COSTA MESA - CONTINUED TO FEBRUARY 28, 1994 (600.10) (City Council) NOTICE OF COMPLETION - GOTHARD STREET WIDENING FROM WARNER AVENUE TO 1800 FEET SOUTH - EXCEL PAVING COMPANY - CC-805 - SET ASIDE FOR BUILDING MODIFICATION/WARNER AVENUE BAPTIST CHURCH COMPLEX - CONTINUED TO FEBRUARY 28, 1994 (600.50) (City Council) SIDE LETTER TO RESOLUTION NO.6282 (CURRENT M. O. U.) ADOPTED 5/20/91 - MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION - RESOLUTION NO. 6570 - CONTINUED TO FEBRUARY 28, 1994 (720.20) (City Council) AMENDMENT TO STANDARD CONTRACT - SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT - CONTRACT NO. AB27661CO020A - FLEXIBLE FUEL VEHICLE - CONTINUED TO FEBRUARY 28, 1994 (600.20) (City Council) COOPERATIVE AGREEMENT NO. 12-200 FOR THE BEACH BOULEVARD SMART STREET PROJECT - ELLIS AVENUE TO 1-405 - CC-784 - RESOLUTION NO. 6571 - CONTINUED TO FEBRUARY 28, 1994 (600.20) (City Council) BID AWARD - METER BOX REPLACEMENTS AT VARIOUS LOCATIONS - TRAUTWEIN CONSTRUCTION - WSC-010 - CONTINUED TO FEBRUARY 28. 1994 (600.75) (City Council) LEASE AGREEMENT - HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION FOR OPERATION OF THE HUNTINGTON CENTRAL PARK GUN RANGE - CONTINUED TO FEBRUARY 28, 1994 (600.10) (City Council) FINAL TRACT MAP NO 14244 - (ALSO REFERRED TO AS 'ISLAND R" WITHIN THE SEACLIFF RESIDENTIAL AREA) - SEACLIFF PARTNERS - N/O QUIET SURF CIRCLE AT THE TERMINUS OF ISLAND BAY LANE - SUBDIVISION AGREEMENT - CONTINUED TO FEBRUARY 28. 1994 (420.70) (City Council) FINAL TRACT MAP NO 14326 (ALSO REFERRED TO AS "ISLAND G" WITHIN THE SEACLIFF RESIDENTIAL AREA) NE CORNER OF PALM AVENUE AND GOLDENWEST STREET - SEACLIFF PARTNERS - SUBDIVISION AGREEMENT - CONTINUED TO FEBRUARY 28. 1994 (420.70) (City Council/Redevelopment Agency) COMMUNITY DEVELOPMENT BLOCK GRANT DOWN PAYMENT ASSISTANCE LOAN PROGRAM AGREEMENTS - PARTICIPANT APPROVAL - CONTINUED TO 95o. 5O FEBRUARY 28, 1994 (340.70) Page 11 - Council/Agency Minutes - 02/22/94 (City Council) APPOINTMENT OF CITY COUNCIL COMMITTEE TO ASSIST IN DESIGN OF CITY QUALITY MANAGEMENT PROGRAM - CONTINUED TO FEBRUARY 28, 1994 (120.25) (City Council) SOLICIT REQUESTS FOR PROPOSALS TO CONDUCT OPERATION ANALYSIS OF ADMINISTRATIVE SERVICES DEPARTMENT AND REVIEW OF REGIONALIZATION AND PRIVATIZATION OF CITY SERVICES - CONTINUED TO FEBRUARY 28, 1994 (600.10) HOME AMENDMENT TO AFFORDABLE HOUSING AGREEMENT - INVESTMENT PARTNERSHIP PROGRAM -17372 KEELSON LANE - CONTINUED TO FEBRUARY 28, 1994 (600.10) (City Council) CONTINUED FROM FEBRUARY 7 1994 - HOLLY SEACLIFF AFFORDABLE HOUSING PLAN - CONTINUED TO FEBRUARY 28, 1994 (430.501 (City Council) SCAG REGIONAL ADVISORY & PLANNING COUNCIL'S COMMENTS ON PROPOSAL - REGIONAL COMPREHENSIVE PLAN - FORWARD TO ORANGE COUNTY LEAGUE OF CALIFORNIA CITIES - CONTINUED TO FEBRUARY 28, 1994 (630.50) (Redevelopment Agency) CONTINUED FROM FEBRUARY 7. 1994 - EDUCATIONAL REVENUE AUGMENTATION FUND (ERAF) PAYMENT - (HUNTINGTON CENTER & LOW & MODERATE INCOME HOUSING FUND EXPENDITURES) - CONTINUED TO FEBRUARY 28, 1994 (400.10) (City Council) CONTINUED FROM FEBRUARY 7,1994 - ORDINANCE NO. 3230 - CONTINUED TO FEBRUARY 28, 1994 (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.12 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO SPEED LIMITS ON CITY STREETS." (City Council)_ CONTINUED FROM FEBRUARY 7, 1994 - ORDINANCE NO.3228 - CONTINUED TO FEBRUARY 28, 1994 (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 12.32 TO THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO AGGRESSIVE PANHANDLING." Public Hearing Continued from Page Nine Steve Cohn, B. G. Williams, Bob Mandic, Bob Anderson John Schuesler, Thomas Scott, William Scott, Chris Taylor, Connie Mandic, Linda Espitia, and Milton Marow spoke in opposition to the proposed assessment district for the following reasons: lien on property will effect borrowing ability, lien wi0 increase cost to develop property, assessments not justified, improvements are solely the benefit of the Holly, Seacliff Development project, annual accrual of interest on the liens, increased density of the project; property. owners paying for' water assessment district now, some people may lose property due to lien, and small property owners should not be asked to support large developers. Bob Anderson distributed a communication with pictures to Council. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. 051 Page 12 - Council/Agency Minutes - 02/22/94 Discussion was held by Council and staff regarding what types of development trigger the fee, lien against properties, lien effect on mortgage value of land, penalizes small property owners, cost of land acquisition for right-of-way, assessment based on square footage of building, negative impact on the city, decreased sales tax revenue, and inconsistent with city ordinances. The legal counsel of Seacliff Corporation responded to Councilmember Leipzig's concerns. Councilmember Leipzig gave reasons for his opposition to the district including inconsistencies with city ordinance. The City Attorney stated that the city is required under the terms of the development agreement to use its best efforts to in some way reimburse the developer and suggested an alternative agreement with the developer for reimbursement of the excess capacity that is required of the developer. A motion was made by Bauer, seconded by Winchell, to deny Holly-Seacliff Cost Reimbursement District No. 93-1. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) Rebroadcast of Adjourned or Special Council Meetings and Council Study Sessions A motion was made by Sullivan, seconded by Winchell, to televise the Council meeting of February 28, 1994, re -broadcast the meeting on Tuesday morning February 29, 1994 and to re -broadcast the meeting of February 14, 1994 following the re -broadcast of the February 28, 1994 meeting. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (out of room) ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Friday, February 25, 1994 at 3:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. - Joint Meeting - Huntington Beach Chamber of Commerce regarding Business Development.toe� 44�5 City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 052