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HomeMy WebLinkAbout1994-02-28 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, February 28, 1994 Mayor Moulton -Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: None CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957 to consider personnel matters. (120.80) RECESS -RECONVENE The Mayor called a recess of Council at 5:10 p.m. The meeting was reconvened at 7:45 p.m. A videotape recording of this meeting is on file in the City Clerk's Office. PLEDGE OF ALLEGIANCE The pledge of allegiance was lead by Mayor Moulton -Patterson. NO PUBLIC COMMENTS Mayor Moulton -Patterson announced that there would be no public comments at this meeting as the public comments relating to these items were received at the regular meeting of February 22, 1994. (City Council) PUBLIC HEARING - CONTINUED OPEN FROM FEBRUARY 22, 1994 - CODE AMENDMENT NO 93-7 - CONSTRUCTION REQUIREMENTS FOR CANTILEVER DECKS - INTRODUCTION OF ORDINANCE NO. 3231 -APPROVED (640.10) The Mayor announced that this was the day and hour set for the continuance of a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No 93-7. APPLICANT: City of Huntington Beach 056 Page 2 - Council/Agency Minutes - 02/28/94 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 The City Clerk presented Ordinance No. 3231 for council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 17.24 THEREOF REGARDING SUN DECKS AND WINDSCREENS." The Planning Director presented a staff report. He referred to a drawing showing existing code provisions and proposed code provisions. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Leipzig, seconded by Silva, to approve Code Amendment No. 93-7 with findings as set forth in the Request for Council Action dated February 22, 1994 and listed below and after reading by title, approve introduction of Ordinance No. 3231. Findings for Approval 1. Code Amendment No. 93-7 provides an opportunity for a property owner to construct a continuous deck beyond the bulkhead resulting in a more pleasing waterway scene. 2. Code Amendment No. 93-7 contains provisions to regulate the design of projecting decks to ensure that these decks do not create undue weight on the bulkhead nor threat of damage to public and private waterways. 3. Code Amendment No. 93-7 contains reference to comply with the zoning provisions contained in the Huntington Beach Ordinance Code. 4. Code Amendment No. 93-7 will not impact the aesthetic value of surrounding properties. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None 0 51 Page 3 - Council/Agency Minutes - 02/28/94 CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Sullivan) Side Letter, Memorandum of Understanding, Police Officers Association and lease agreement with Huntington Beach Police Officers Association for operation of the Huntington Central Park Gun Range. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Silva, second by Leipzig, 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 - ADOPTED - Approved and adopted minutes of the council/Agency adjourned regular and regular meetings of November 15, 1993 as written and on file in the Office of the City Clerk. (City Council) INTERGOVERNMENTAL SERVICES AGREEMENT FOR HUNTINGTON BEACH JAIL SERVICES WITH THE CITY OF COSTA MESA - APPROVED (600.10) - Approved and authorized execution of an Intergovernmental Service Agreement between the City of Huntington Beach and the City of Costa Mesa for the detention at the Huntington Beach Police Department of detainees held in custody by the Costa Mesa Police Department. (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 - APPROVED (600.10) - Accepted the work as completed by Excel Paving Company for improvements on Gothard Street, Warner Avenue to 1,800 feet south at the final construction cost of $202,503.49, set aside $18,206.51 for building modification in Warner Avenue Baptist Church Complex to comply with Americans with Disabilities Act of 1990, and authorized the City Clerk to file the Notice of Completion. Citv Council) AMENDMENT TO STANDARD CONTRACT - SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT - CONTRACT NO. AB2766/C0020A - FLEXIBLE FUEL VEHICLE - APPROVED (600.20) - Approved and authorized execution of an extension to the active life of Contract AB 2766-00020A between the City and South Coast Air Quality Management District so that city may satisfy its performance obligations. (City Council) COOPERATIVE AGREEMENT NO.12-200 FOR THE BEACH BOULEVARD SMART STREET (FORMERLY SUPER STREET)_ PROJECT - ELLIS AVENUE TO 1-405 - CC-784 - RESOLUTION NO. 6571 - ADOPTED (600.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA (CALTRANS)." (Defines the terms and conditions for construction of the Route 39 Beach Boulevard Smart Street project (formerly called Super Street Project), between Ellis Avenue and Route 405 Freeway. map Page 4 - Council/Agency Minutes - 02/28/94 (City Council) BID AWARD - METER BOX REPLACEMENTS AT VARIOUS LOCATIONS - TRAUTWEIN CONSTRUCTION - WSC-010 - APPROVED (600.75) - Accepted the low bid of Trautwein Construction in the amount of $24,937.50 for the construction of Meter Box Replacements at various locations, authorized the Director of Finance to encumber $1,500.00 for anticipated supplemental expenses, authorized the encumbrance of an additional $2,500.00 for anticipated change orders, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Trautwein Construction $24,937.50 Silveri Construction $46,125.00 Kershaw Construction $47,500.00 Atlas -Allied, Incorporated $56,835.00 T. A. Rivard, Incorporated $73,500.00 (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 - APPROVED (420.70) - Approved Final Tract Map No. 14244 and accepted the offer of dedication and improvements and bonds pursuant to the finding that Final Tract Map No. 14244 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14244 conditions of approval as approved by the Planning Commission and that requirements 3(a) through 3(e) have been complied with and approved and authorized execution of the Subdivision Agreement. (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 - APPROVED (420.70) - Approved Final Tract Map No. 14326 and accepted offer of dedication and improvements and bonds pursuant to the finding that Final Tract Map No. 14326 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14326 conditions of approval as approved by the Planning Commission and that requirements 3(a) through 3(d) have been complied with and approved and authorized execution of the Subdivision Agreement. Citv Council/Redevelooment_Aaencv) COMMUNITY DEVELOPMENT BLOCK GRANT - DOWN PAYMENT ASSISTANCE LOAN PROGRAM AGREEMENTS - PARTICIPANT APPROVAL - APPROVED (340.70) - Approved and incorporated 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, authorized execution of each agreement between the City and/or Agency and each participant as approved herein and release of funds for Down Payment Assistance Program participants. (City Council) APPOINTMENT OF CITY COUNCIL COMMITTEE TO ASSIST IN DESIGN OF CITY QUALITY MANAGEMENT PROGRAM - APPROVED (120.25) - Authorized the Mayor to appoint two members of the City Council to serve on a committee with two members of the Finance Board and the City Administrator to design a Quality Management Program and consider incorporating some of the concepts of the proposed Process Improvement Program. 059 Page 5 - Council/Agency Minutes - 02/28/94 (City Council) SOLICIT REQUESTS FOR PROPOSALS TO CONDUCT OPERATION ANALYSIS OF ADMINISTRATIVE SERVICES DEPARTMENT AND REVIEW OF REGIONALIZATION AND PRIVATIZATION OF CITY SERVICES - APPROVED (600.10) - Authorized the City Administrator to prepare and distribute a Request for Proposal to consulting firms in order to conduct an operational analysis of the Administrative Services Department and develop recommendations regarding the feasibility of regionalization and privatization of city services. (City Council) HOME AMENDMENT TO AFFORDABLE HOUSING AGREEMENT - ORANGE COUNTY COMMUNITY HOUSING CORPORATION (OCCHC) - INVESTMENT PARTNERSHIP PROGRAM -17372 KEELSON LANE- APPROVED (600.10) - Approved an amendment to the Affordable Housing Agreement with the Orange County Community Housing Corporation (OCCHC) which was approved on February 7, 1994 and directed that the following amended language be placed into the agreement: "Upon notice to Lender that Borrower intends to effect the transfer of the property as provided in Section 4.7 hereof, or upon the termination of this agreement, Lender shall have the right for 60 days after such notice of termination to purchase the property at fair market value, [less the principal amount of HOME funds originally loaned to the Borrower and adjusted annually for inflation based on the Consumer Price Index (CPI), or another comparable index, as mutually agreed upon by both parties]. Lender shall exercise this right at its sole discretion. The fair market value shall be determined by a qualified real estate appraiser mutually selected by the Borrower and Lender. (City Council SIDE LETTER TO RESOLUTION NO.6282 (CURRENT M. O. U.) ADOPTED MAY 20, 1991 - MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION - RESOLUTION NO. 6570 - APPROVED (720.20) The City Clerk presented a communication from the City Administrator regarding a Side Letter to Resolution No. 6282, Memorandum of Understanding between the City of Huntington Beach and Huntington Beach Police Officers' Association. The City Clerk presented Resolution No. 6570 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING BENEFITS AND AMENDING THE M.O.U. BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION." Councilmember Sullivan spoke in support of the Memorandum of Understanding. A motion was made by Sullivan, seconded by Bauer, to approve the Side Letter between the city and the Huntington Beach Police Officers Association implementing agreement of issues, ( health and welfare premiums, medical plan changes and cessation of Public Employee Retirement System rollover benefits) and to adopt Resolution No. 6570. AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) LEASE AGREEMENT - HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION - OPERATION OF THE HUNTINGTON CENTRAL PARK GUN RANGE - CONTINUED TO DATE UNCERTAIN - COUNCIL SUBCOMMITTEE FORMED TO REVIEW LEASE AGREEMENT (600.10) The City Clerk presented a communication from the City Administrator regarding an agreement with the Huntington Beach Police Officers Association for Operation of the Huntington Central Park Gun Range. 060 Page 6 - Council/Agency Minutes - 02/28/94 Councilmember Sullivan requested that the lease be continued for further review by a Council committee Discussion was held by Council and staff regarding fine tuning of agreement, time line for repairs to be completed, support for gun range continued use, and support for timely repair of the facility when lease agreement is approved. Councilmembers Sullivan, Robitaille and Winchell volunteered to serve on the Council subcommittee to review the lease agreement. A motion was made by Sullivan, seconded by Leipzig, to continue the lease agreement regarding the Huntington Central Park Gun Range for further review by a Council committee. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None (City Council) CONTINUED FROM FEBRUARY 22, 1994 - HOLLY SEACLIFF AFFORDABLE HOUSING PLAN - APPROVED AS AMENDED (430.50) The City Clerk presented a communication from the Planning Director transmitting the Holly-Seacliff Affordable Housing Plan. The City Clerk presented a communication from Seacliff Partners dated January 28, 1994 included, which requests Council to approve the revised plan without the changes recommended by staff. The Planning Director presented a staff report. . Tom Zanic, Seacliff Partners representative, spoke regarding the request to delete the Ellis/Goldenwest Specific Plan affordable housing requirements to be satisfied separately, eliminate added language, delete proposed incentives for affordable housing and retain word "shall" relating to incentives. Discussion was held by Council and staff regarding units within the Ellis/Goldenwest Specific Plan, original reason consolidation of affordable housing requirements was combined into one plan, outstanding disagreements with staff, plan presented as Planning Commission approved, opposition to clustering of affordable units, and Council preference to affordable housing for sale units. A motion was made by Leipzig, seconded by Winchell, to approve Seacliff Partners Affordable Housing Plan, with the deletion as recommended by the applicant of the Ellis/Goldenwest Specific Plan area text, leave in three other boxed sets of languages, insert into second paragraph of I. Introduction and Background, A. Purpose and Intent and under definition of affordable housing, add wording "all affordable housing shall be 'for sale' units" to the document entitled Holly-Seacliff Specific Plan, Affordable Housing Plan For Seacliff Partners Properties, dated January 10, 1994. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille, Sullivan ABSENT: None 061 Page 7 - Council/Agency Minutes - 02/28/94 (City Council) CONTINUED FROM FEBRUARY 22, 1994 - SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGIONAL ADVISORY AND PLANNING COUNCIL'S COMMENTS ON PROPOSAL - REGIONAL COMPREHENSIVE PLAN - FORWARD TO ORANGE COUNTY LEAGUE OF CALIFORNIA CITIES - FAILED (630.50) The City Clerk presented a communication from the Director of Community Development regarding a request from the Regional Advisory and Planning Council to accept their comments on the proposed Regional Comprehensive Plan (RCP) as the city's comments and forward to the Orange County Division of the California League of Cities. The Community Development Director presented a staff report. Councilmember Leipzig spoke in opposition to the proposed Regional Comprehensive Plan. A motion was made by Sullivan, seconded by Winchell, to accept the Regional Advisory and Planning Council's comments, as outlined in Attachment No. 1 to the Request for Council Action dated February 22, 1994 on the Regional Comprehensive Plan as the City's comments and forward to Bill Hodge at the Orange County Division of the California League of Cities. The motion failed by the following roll call vote: AYES: Silva, Bauer, Sullivan NOES: Robitaille, Moulton -Patterson, Winchell, Leipzig ABSENT: None (Redevelopment Agency) CONTINUED FROM FEBRUARY 22, 1994 TO MARCH 7,1994 - EDUCATIONAL REVENUE AUGMENTATION FUND (ERAF) PAYMENT - (HUNTINGTON CENTER AND LOW AND MODERATE INCOME HOUSING FUND EXPENDITURES) (400.10) (City Council) CONTINUED FROM FEBRUARY 22, 1994 - RESOLUTION NO. 6569 - DESIGNATING DATES IN 1994 FOR THE CLOSING OF MAIN STREET FOR SPECIFIC EVENTS - CALTRANS PERMISSION -ADOPTED -REPORT REGARDING LEFT TURN LANE REQUESTED (960.10) The City Clerk presented Resolution No. 6569 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING DATES FOR THE CLOSING OF MAIN STREET." (Declaration of the city's intention to close Main Street on specific dates and times during 1994.) The Community Services Director presented a staff report. Councilmember Sullivan expressed concern regarding a dangerous situation when Main Street is closed involving the left turn lane for the next block and requested that the Public Works Director review the problem for possible solutions. A motion was made by Silva, seconded by Winchell, to adopt Resolution No. 6569. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Page 8 - Council/Agency Minutes - 02/28/94 (City Council) ORDINANCE NO. 3230 - CONTINUED FROM FEBRUARY 22, 1994 - INTRODUCTION APPROVED - REGARDING SPEED LIMITS ON CITY STREETS (640.10) The City Clerk presented Ordinance No. 3230 for Council introduction - "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." (17 street segments to increase from 40 to 45 mph; 2 street segments to increase from 40 to 50 mph; one street segment to increase from 45 to 50 mph; 2 street segments to be reduced from 55 to 50 mph; 2 street segments to reduce from 50 to 45 mph; one street segment to reduce from 45 to 40 mph and 3 street segments to reduce from 40 to 30 mph.) The Public Works Director presented a staff report. Discussion was held by Council and staff regarding the inability of the Police Department to issue citations without doing a traffic survey by state law, definition of a speed trap, use of radar as enforcement tool, and discussion at the League of California Cities level regarding change of state law to allow local governments more discretion in the regulation of speed limits. Motion to Approve Introduction of Ordinance No. 3230 A motion was made by Leipzig, seconded by Robitaille, to approve introduction of Ordinance No. 3230. Amendment to Motion to Approve Introduction of Ordinance No. 3230 A motion was made by Silva, seconded by Moulton -Patterson, to amend the motion to approve introduction of Ordinance No. 3230 for the sections that would decrease the speeds limits and not approve the sections of the ordinance where the speed limits would increase. Motion to Approve Introduction of Ordinance No. 3230 as Amended - Withdrawn Councilmember Silva withdrew his motion to approve introduction of Ordinance No. 3230 as amended and Mayor Moulton -Patterson withdrew the second. Vote on Motion to Approve Introduction of Ordinance No. 3230 The original motion made by Leipzig, seconded by Robitaille, to approve introduction of Ordinance No. 3230 was approved by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva ABSENT: None Local State Legislators to be Contacted Regarding Procedure for Setting Speed Limits The City Administrator suggested contacting local state legislators regarding the problem cities have with the state law requiring speed limits be based on traffic surveys. 063 Page 9 - Council/Agency Minutes - 02/28/94 (City Council) ORDINANCE NO. 3228 - CONTINUED FROM FEBRUARY 22, 1994 - INTRODUCTION APPROVED - REGARDING AGGRESSIVE PANHANDLING (640.10) The City Clerk presented Ordinance No. 3228 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 12.32 TO THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO AGGRESSIVE PANHANDLING." A motion was made by Winchell, seconded by Silva, to approve introduction of Ordinance No. 3228. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, March 7, 1994 at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. 0 �� ATTEST' 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 064