Loading...
HomeMy WebLinkAbout1994-03-07 (8)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, March 7, 1994 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: Robitaille TOUR OF EMERGENCY SERVICES FACILITY The City Councilmembers toured the Emergency Operations Center. Fire Chief Mike Dolder, Chuck Reynolds, Emergency Services Manager, and Glorria Morrison, Emergency Services Coordinator, presented staff reports regarding coordination of field resources, City Council role in an emergency, EOC activation procedures, training and drills organized, and a book was distributed to Council entitled Emergency Procedures for City of Huntington Beach Employees. Discussion was held by Council and staff regarding how often the city personnel practice EOC procedures, how many drills have been held, who evaluates the drills, are the evaluations written, and potential water problems in the event of a emergency. CALL CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957 to consider Personnel Matters. (120.80) The Chairman Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the Agency is a part. The title of the litigation is Redevelopment Agency v. Goodman, et al, Orange County Superior Court Case No. 69 99 48. (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 which has been initiated formally and to which the city is a party. The title of the litigation is Nancy Smith v. City of Huntington Beach, Orange County Superior Court Case No. 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 5:40 p.m. The meeting was reconvened at 6:30 p.m. 065 Page 2 - Council/Agency Minutes - 03/07/94 A videotape recording of this meeting is on file in the City Clerk's Office. FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony, Pledge of Allegiance and Invocation was led by the Huntington Beach Girl Scouts. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: Robitaille PRESENTATION - $10,000 CHECK - FROM SHELL WESTERN - TO HUNTINGTON BEACH PIER FUND Bill Gibson, Community Relations Manager, Shell Western, presented a check in the amount of $10,000 to Mayor Linda Moulton -Patterson and the City Council. He stated that this is the final pledge of a $55,000 commitment for Huntington Beach Pier Fund. PRESENTATION - $500 CHECK - GRAFFITI REWARD Mayor Linda Moulton -Patterson and Neighborhood Watch President Carlena Thomas presented a $500 check to Mr. William G. Prescott, a Graffiti Reward recipient, for his help in the fight against graffiti vandalism. PROCLAMATION - GIRL SCOUT WEEK - MARCH 51H -12TH Mayor Linda Moulton -Patterson presented a proclamation to Kelly Shanley, Girl Scout Community Relations Chair for Huntington Beach, proclaiming March 5-12, 1994 as Girl Scout Week. Kastin Gartner, Girl Scout Cadet and Ocean View High School Freshman, spoke in support of Girl Scouting and the benefits of being a girl scout. PRESENTATION - U.S. OPEN OF SURFING - AUGUST 2-7 AND O.P. SURFING CONTEST - JULY 27-31 Don Meek, Prime Ticket Television Marketing Director, and Ian Cairns, Event Director and founder of Association of Surfing Professionals, spoke in support of the U. S. Open of Surfing scheduled to be held August 2-7 and the O. P. Surfing Contest scheduled to be held July 27-31. Mr. Meek presented T-shirts and a communication to Council. PUBLIC COMMENTS Jeanne Collins spoke in opposition to a bill proposed by Congressman Dana Rohrabacher's which would provide funds to schools for students who are illegal aliens. She spoke in opposition to the University of California's admission policies. She also spoke in support of the "three strikes your out" policy for criminals and stated that it was around in the 1930's. 066 Page 3 - Council/Agency Minutes - 03/07/94 Kristofer Youngstrom stated that he is the contractor who completed the electrical upgrades in the Main Street Post Office. He stated that the general contractor and the bond company are bankrupt and he cannot get payment for his work. He asked if someone in the city could help him with this problem. He distributed a communication to Council. The City Administrator asked that Mr. Youngstrom contact Barbara Kaiser, Economic Development Director, for help with the problem he is having. Hildegard Breidenstein spoke regarding partitions on the fence of her property to keep large dogs from going over the wall. She stated that the code enforcement division is discriminating against her for these partitions and stated that there are fences and partitions all over town that are the same as on her property. She requested that the law be enforced equally. She stated that she has written two letters to the City Attorney, one to the code enforcement division and one to the City Administrator and has had no response. Mayor Moulton -Patterson stated that the code enforcement division is reactive not proactive and responds to neighbor complaints. She stated that the Community Development Department would contract Ms. Breidenstein. Bill Mamelli, Police Management Association President and City Employee representative, requested Council assistance because city employee character, ethics, and integrity are being regularly maligned by one-sided political publicity of half-truths statements about the retirement system of the city. He stated that the city chose to pay the retirement portion for each employee in lieu of a pay raise and that the city has saved millions of dollars in doing so. He presented an example of a misstatement in the CART Fact Sheet. He stated that the city employees are being used as part of a political agenda. He requested that Council disclose all of the facts regarding the city retirement system to the public. Al De Lorm, Seacliff on the Green Homeowners President, spoke in opposition to the extension of Seapoint Avenue to Pacific Coast Highway stating that it would decrease safety and increase traffic in the neighborhood. He suggested an alternative to have a private road for emergency vehicles, bicycle and pedestrian traffic only. He distributed a communication with photographs to Council. George Arnold spoke in opposition to a trash problem in the downtown area. He spoke in opposition to the city's weed abatement program and stated that Chevron property is not properly maintained. He spoke in opposition to a fence installed around a parking lot in the downtown area and stated that it should not be done without approval of the Coastal Commission. Chuck Scheid spoke in opposition to city policy regarding conversion of benefits prior to retirement for employees. He requested that the Council take emergency action to stop the conversion of benefits. He stated that he had distributed a communication to Council. Leon McKinney spoke in opposition to Councilmember Bauer voting on the Koll Company proposed development because of the property he owns in the area. He spoke in opposition to the former tagging wall, the Bolsa Chica "circus", salary spiking, and the reappointment of Henry Wedaa to the Air Quality Control Management District. Dr. Ray Manion, Huntington Beach Mobilehome Owners Association Director, spoke in support of agenda item E-11 and the adoption of Council Resolution No. 6574 opposing the "Mobile Home Fairness and Rental Assistance Act". He stated that the initiative is not to assist mobile home owners and would take away local control of rent regulation. Robert Reid spoke in support of a program he designed for the Medi-Cal cards and stated that the program saves the county over $80,000 per month in mailing costs. He stated that the city should use direct deposit for paychecks to save money. He requested that the money saved by this program be used to hire more 067 Police Officers. Page 4 - Council/Agency Minutes - 03/07/94 Vickie Talley, Orange County Mobile Home Park Owners Association and Mobile Homeowners Education Trust, spoke in opposition to adoption of the agenda item E-11 regarding the proposed Resolution No. 6574 in opposition to the initiative entitled "Mobile Home Fairness and Rental Assistance Act". She requested that the resolution be continued for further investigation and study by Council. She distributed a communication to Council in support of the Mobilehome Rent Assistance. Mobile Home Rent Control Restrictions. Initiative. dated March 7, 1994. Mark Porter, Huntington Beach Tomorrow Director, spoke in support of the Grand Jury investigation of the Bolsa Chica area. Steve Stafford spoke regarding the Bushard School site that has been closed for three years. He stated that there is a bad element developing there and the Police Department is not responding to the problems. He stated that the problems are graffiti, broken windows, physical violence, lack of code enforcement, and youths loitering in the area. The Police Chief stated that he had spoken with Mr. Stafford and had contacted the Assistant Superintendent of the Fountain Valley School District about the problems. He stated that the Police Department is trying to deal with the problems with youth in the area, arrests have been made, and they are trying to establish a neighborhood watch with residents. Dr. Tom West, Alan Armstrong, Patti Wares, Spencer Miller and Tim Phelps, American Youth Soccer Organization, spoke regarding support of a youth sports complex in the Central Park Master Plan regarding support for active athletic facility for field sports and aquatics; public swimming pool does not meet earthquake standards; participation in sports teaches time management and responsibility; support increased regulation sports playing fields, and support more clubs and programs to give local youth something positive to do. Staff Directed to Report on Community Services Programs Available in the Ci Councilmember Bauer spoke regarding Council support for youth programs, Measure C vote required, possible bond issue, and requested a report from the Community Services Director of the programs that are available through the city. The City Administrator stated that this item was scheduled on a forthcoming Council Agenda and presented an overview. He stated that the city is currently in discussion with the school district. Councilmember Bauer recommended the issue be placed on the ballot PUBLIC COMMENTS CONTINUED Tim Wetzel and Dana Wetzel spoke in opposition to the proposed parking lot and bluff top improvements, in support of the proposed parking structure by the pier; in supportof preservation of parking on Pacific Coast Highway, and in opposition to the inflated revenue figures projected for the proposed parking lot. Chuck Beauregard spoke in support of a youth sport complex. He requested that a resolution be passed by the City Council to allocate the funds for a professional statistician in the field of performance measurement to study the park and requested a vote of the people for what they want to do with Central Park. He distributed a communication regarding Central Park dated September 8, 1992 to Council. %W Page 5 - Council/Agency Minutes - 03/07/94 SCATS GYMNASTICS Councilmember Silva reported that SCATS Gymnastics held a national gymnastic competition this past weekend and he attended. He stated that four news channels were there and that it would have been nice to have had HBTV-3 coverage. MID YEAR BUDGET REPORT Using slides, the City Administrator presented a staff report regarding the mid -year expense and revenue revisions, state budget issues, 1994 economic forecast, and calendar of the 1994/95 budget. He distributed a communication to Council entitled Mid Year Budget Review. Robert Franz, Deputy City Administrator Administrative Services, addressed questions from Council regarding the budget. PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) SUMMARY (700.50) Robert Franz, Deputy City Administrator Administrative Services, presented a staff report using slides regarding the PERS pension accountability background, including when the city allowed conversion of benefits to salary, city policy changes 1993/94, PERS approved conversions, PERS policy changes in December, 1992, cities to be billed for estimated future costs and alternatives payment plans. He distributed a communication entitled PERS Pension Accountability. Reauest for Conies of Public Employees Retirement System (PERS) Documentation (700.50) Councilmember Sullivan requested a copy of all documents that have passed between the city and PERS from January 1, 1992 to date; also, that a copy of any document that comes in from today forward regarding this issue be on his desk within forty-eight hours. The City Administrator stated that the information would be provided to all members of the City Council. Discussion was held by Council and staff regarding legality of benefit conversion, PERS billings, and information received from reading newspapers. Need to Take Action Arose Subsequent to Agenda Posting - Motion to Agendize Item Not Posted: Regarding Public Employees Retirement System (700.50) Pursuant to Government Code Section 54954.2(b)(2) a motion was made by Sullivan, seconded by Bauer, that the City of Huntington Beach or Redevelopment Agency of the City of Huntington Beach determine that the need to take action on the Public Employees Retirement System arose subsequent to the agenda being posted. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Wnchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille Page 6 - Council/Agency Minutes - 03/07/94 Staff Directed to Research Legality - Stop Processing of Spiking_ Portion of New Retirements (700.50) A motion was made by Sullivan, seconded by Bauer, to ask the City Attorney to research the legality of Council directing the Personnel Department to stop processing the spiking portion of any retirements, and if legal to do so, place on next agenda. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille Request for Information Regarding Retirement Spiking - Call for State Attorney General Investigation Councilmember Bauer requested a date when spiking started, a list of the names of employees who are currently spiking, the name of the City Councilmembers and City Manager at that time and a list'of names of employees who have applied for spiking and stated that the city should contact the State Attorney General's Office to find out if anything illegal has been done. The City Administrator stated that a chronological report will be prepared for the next meeting. RECESS -RECONVENE The Mayor called a recess of Council at 9:15 p.m. The meeting was reconvened at 9:30 p.m. MEMORANDUM REGARDING PROPOSED COUNCIL MOTION - AB 1290 THE COMMUNITY REDEVELOPMENT LAW REFORM ACT OF 1993 - DEFERRED TO COUNCIL REDEVELOPMENT AGENCY COMMITTEE (400.10) The City Clerk presented a communication from Economic Development Director transmitting a proposed motion from Councilmember Sullivan for adoption by Council as follows: "That the Redevelopment Agency directs staff to prepare an amendment to the Main -Pier Redevelopment Plan to extend the eminent domain provision for an additional twelve-year period, and other actions as required under the new legislation AB 1290." The City Administrator presented a staff report. Councilmember Sullivan stated that due to the parking problem in the downtown area, he brought this item forward to extend the eminent domain provision for an additional twelve-year period but after further consideration he would not be making a motion to approve the extension. The City Administrator stated that this matter could be deferred to the Council Redevelopment Agency Committee for review and to make recommendations to Council. Councilmember Bauer requested that the Committee consider a time limitation other than twelve years, area limitation (specific site), limit use to parking sites, and requested information regarding the impact of the extension of the eminent domain provision on the resale value of property in the area. 070 Page 7 - Council/Agency Minutes - 03/07/94 (City Council PUBLIC HEARING - CONTINUED OPEN FROM FEBRUARY 22, 1994 - CODE AMENDMENT NO.92-5 - DOWNTOWN SPECIFIC PLAN REWRITE "VILLAGE CONCEPT" & PARKING MASTER PLAN - CONTINUED OPEN TO APRIL 4,1994 (450.30) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 92-5 - Downtown Specific Plan Code Amendment "Village Concept" and Downtown Parking Master Plan. APPLICANT: City of Huntington Beach LOCATION: An area bounded by Goldenwest Street, Pacific Coast Highway, Beach Boulevard and Sixth Street. ZONE: Downtown Specific Plan REQUEST: To amend the Downtown Specific Plan for the purpose of scaling down development standards, creating three (3) planning nodes, affordable housing standards and a comprehensive parking management plan. ENVIRONMENTAL STATUS: Covered by Downtown Specific Plan Environmental Impact Report. COASTAL STATUS: Local Coastal Plan Amendment. Legal notice as provided to the City Clerk's Office by staff had been published and posted. A memorandum from the City Attorney regarding Main -Pier Phase II & Third Block West dated March 3, 1994, a Sub -Committee Review Report dated March 7, 1994, a memorandum from the Economic Development Director dated March 7, 1994 regarding extension of the eminent domain provision, and a communication from Faye Ogden dated February 27, 1994 in opposition to the different zoning north and south of Orange Avenue was distributed to Council. Mayor Moulton -Patterson announced a communication received from the Apartment Association of Orange County, dated March 7, 1994 requesting a two week continuance as they were not notified of the impact the proposal would have on the rental housing industry. The Mayor recommended that the public hearing be opened, accept public comments and the public hearing be continued open for two weeks. The Community Development Director presented a staff report using slides regarding the history of the Downtown Specific Plan and the process involved in revising the Downtown Specific Plan and Parking Master Plan. The Planning Director presented a staff report using slides regarding the clarification of definitions in the Downtown Specific Plan revision, distinctions between the Parking Master Plan and the Zoning Code, density calculation, alley widths, change in district boundaries between District Four and Five, non conforming residential units, conditional use permits, the need for a transportation center in District Eight, City Council and subcommittee issues. Herb Fauland, Assistant Planner, presented a staff report using slides regarding review of subcommittee comments, review of the Downtown Specific Plan, modifications to general provisions of the plan, clarification of definitions and modifications to parking requirements. The Planning Director reported on the major conclusions reached by the Council Subcommittee. The Mayor declared the public hearing re -opened. 071 Page 8 - Council/Agency Minutes - 03/07/94 The City Clerk announced communications received from Michael Tater a petition listing approximately ten signatures dated March 7, 1994 regarding Fifth Street, Byron Schenn, President of the Apartment Association of Orange County, dated March 7, 1994 requesting a two week continuance, a memorandum from the City Attorney dated March 7, 1994 to the Community Development Director transmitting revised language for the City Council motion on the Downtown Specific Plan and a memorandum from the City Administrator dated March 7, 1994 transmitting corrections to the matrix. Nazmi Ali, property owner, spoke in support of the rezoning of five lots at Seventh Street and Pacific Coast Highway from residential to commercial and stated that he would like to put a gas station and mini -market on the site that would be open to serve the public twenty-four hours a day. George Arnold spoke in opposition to proposed zone changes in the downtown area. He stated that it causes confusion for the public when a project is approved and then the City Council changes the Downtown Specific Plan. James Lane, property owner 127 Main Street, spoke in support of the property owners being notified in writing instead of a public hearing notice in the newspaper. He requested that the public hearing be continued and a written notice mailed before the next meeting. He spoke in opposition to parts of Main Street being under construction for the last three summers. He spoke in opposition to the reduction in the parking requirements. Doug Langevin, property owner, addressed corrections in the Downtown Specific Plan relating to residential uses permitted in District Five and questioned what would happen to developments that have been approved if the shared parking plan is not approved. He spoke in opposition to the different zoning north and south of Orange Avenue and free parking spaces given to new developments. He requested that the city assess everyone equally on what was built before redevelopment of the downtown area started and assess everyone for any increased square footage. Bob Mandic, property owner, spoke in opposition to the proposed parking plan, reduction in set backs, decrease in density, reduction in height and reduction in alley widths. He distributed a communication to Council and photographs of the area. Gerald Chapman, Vice Chairman of the Downtown Specific Plan Rewrite Committee, requested that a copy of the final draft of the Downtown Specific Plan be transmitted to the Downtown Specific Plan Rewrite Committee, if they are still meeting, for review prior to Council action. Loretta Wolfe, Downtown Residents Association, expressed concern over the change in daily parking patterns when the public parking lot at Olive/Orange/Main/Fifth Street was fenced in and closed for re -paving. She spoke regarding the impact on parking in residential areas, increased traffic and stated that the parking structure was at maximum use on Saturday, March 5th. She spoke in support of the Terry Buick site parking improvements, two hundred additional public parking spaces in the Third Block West area, and identifying a future parking site above Orange Avenue. Connie Mandic, property owner, spoke regarding a portion of the plan adopted by the Council Committee regarding existing uses are parked on site for their existing square footage and intensity under the new Downtown Master Parking Plan and omitted a provision for any on site private parking not counted in the plan may be credit toward expansion or higher intensity of use under new plan which provides incentive to existing businesses. She spoke in regarding the same parking requirements for businesses north and south of Orange Avenue, no open space requirements for small interior parcels, upper story set back, building replacement one to on, and requested that the public hearing be continued open for further review. She distributed a communication to Council. 072 Georg Christa, property owner, spoke in opposition to down zoning of property, reappraisals and taking .property by eminent domain. Page 9 - Council/Agency Minutes - 03/07/94 Jo Christian -Craig, business owner and homeowner, spoke in opposition to the use of eminent domain and stated that it has been misused to acquire property from a private party to sell or give to a developer. She distributed a memorandum from Paul Cook, former City Administrator, regarding Position Statement on Eminent Domain dated April 25, 1988. She requested that Council not approve the extension of the eminent domain for the Redevelopment Agency. Branko Cavic, property owner, spoke in opposition to different size alleys for different blocks in the downtown area, private parking being counted as public parking and in support of giving an equal chance to everyone. He stated he had not been notified that the public hearing was to be held. Phil Zisakis, property owner, spoke in opposition to different parking and alley width requirements for different blocks in the downtown area and eminent domain. Bob Bolen, Downtown Business Association representative and property owner, spoke in support of allowing small property owners to develop their property without additional cost to the city. He stated that development of these small properties would provide increased revenue for the city. He requested public input continue through the final draft process and to continue meeting with the Council Subcommittee during that period. 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. MOTION TO CONTINUE MEETING PAST 11:00 P.M. The Mayor announced the hour of eleven o'clock and to comply with Council resolution, asked for a motion to continue the meeting. A motion was made by Winchell, seconded by Sullivan, to continue the meeting past 11:00 p.m. to take action on public hearings regarding Special Sign Permit No. 93-11 and the Annual Review of the Holly-Seacliff Development Agreement Compliance Report, consent calendar items that do not require discussion, the administrative item regarding the Shell Oil Company gas plant, adoption of ordinances and continue the other agenda items to March 21, 1994. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Silva ABSENT: Robitaille RESUME PUBLIC HEARING - CODE AMENDMENT NO.92-5 - DOWNTOWN SPECIFIC PLAN REWRITE "VILLAGE CONCEPT" & PARKING MASTER PLAN - CONTINUED OPEN TO APRIL 4 1994 (450.30) Discussion was held by Council and staff regarding public comments in support of higher density than proposed, alternative parking options, Coastal Commission approval of plan, subsidy of downtown parking structure and eminent domain. By consensus, Council continued the public hearing open to April 4, 1994. Staff Directed to Mail Notification to Out -of -Town Property Owners - Readvertisement of Public Hearing Discussion was held by Council and staff regarding notification of property owners. Council directed staff tq� . mail notification of the public hearing to all out-of-town property owners and that the public hearing be re- U advertised. Page 10 - Council/Agency Minutes - 03/07/94 Staff Report Requested Regarding Concerns Expressed Discussion was held by Council and staff regarding concerns expressed during public comments. Council directed a staff report be prepared regarding public concerns. (City Council) PUBLIC HEARING - CONTINUED OPEN FROM FEBRUARY 22, 1994 - CODE AMENDMENT NO. 93-5 A - ENVIRONMENTAL ASSESSMENT NO. 93-20 - STANDARDS FOR OUTDOOR DINING - INTRODUCTION OF ORDINANCE NO.3232 - CONTINUED OPEN TO MARCH 21,1994 (640.10) The Mayor announced that this is the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 93-5 A - Environmental Assessment No. 93-20. APPLICANT: Department of Community Services, City of Huntington Beach LOCATION: City-wide ZONE - City wide REQUEST: To establish provisions in the Huntington Beach Ordinance Code to permit and regulate outdoor dining. ENVIRONMENTAL STATUS: Covered by Environmental Assessment No. 93-20 also to be considered by Council. COASTAL STATUS: Not applicable Communications were received and distributed to Council from the Downtown Residents' Association dated February 16, 1994 recommending certain amendments to the proposed ordinance, Dianne Easterling dated February 22, 1994 regarding comments to staff report on "Standards for Outside Dining", Huntington Beach Tomorrow in support dated February 19, 1994; together with Staff Response dated March 2, 1994, Robert Winchell, Huntington Beach Tomorrow President, dated March 6, 1994 regarding the proposed code amendment and a memorandum from the City Clerk transmitting page 29-1/2 omitted in the packet. A motion was made by Leipzig, seconded by Sullivan, to continue the public hearing open to March 21, 1994. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Silva (out of room) ABSTAIN: Winchell Request to Meet With Staff Councilmember Winchell requested an opportunity to meet with staff to develop a matrix of issues approved by the Planning Commission, Council recommendations, and staffs position before the next meeting. 074 Page 11 - Council/Agency Minutes - 03/07/94 (City Council) PUBLIC HEARING - APPEAL BY COUNCILMEMBER JIM SILVA OF PLANNING COMMISSION'S DENIAL OF SPECIAL SIGN PERMIT NO.93-11-17422-17438 BEACH BOULEVARD - APPReYE-& (420.35) REtF'EiC2.ED 7'0 COMM rrrEE TG O?E 7WIV /77j9eO# *7, 199g The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Appeal of Special Sign Permit No. 93-11 APPLICANT: J. Scott Fawcett APPELLANT: Councilmember Jim Silva LOCATION: 17422-17438 Beach Boulevard - East side of Beach Boulevard approximately 200 feet north of Slater Avenue ZONE: C4 (Highway Commercial) REQUEST: Appeal of Planning Commission's denial to retain two fifteen feet high non -conforming freestanding pole signs in lieu of compliance with Limited Sign No. 91-9 which required the removal of the two signs by September 17, 1993. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301 of Section 15301, Class 1 of the California Environmental Quality Act. COASTAL ZONE: Not applicable Legal Notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communication or written protests were received on the matter. The Community Development Director presented a staff report. The Mayor declared the public hearing open. Scott Fawcett, property owner, spoke regarding the removal of the signs, the negative effect it will have on the shopping center, businesses failing, numerous open spaces in shopping centers, businesses moving out of state and requested help from the Council for small businesses. There being no one further present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held by Council and staff regarding renewal of limited sign permit, issuance of special sign permit and continuance of issue until the Sign Committee has completed it's study of the sign code. Motion to Overrule Planning Commission Denial and Approve Special Sign Permit No 93-11 - Failed A motion was made by Silva, seconded by Sullivan, to overrule the Planning Commission's denial and approve Special Sign Permit No. 93-11 with findings as outlined in Attachment No. 4 of the Request for Council Action alternative findings for approval dated March 7, 1994. The motion failed by the following roll call vote: AYES: Silva, Sullivan NOES: Bauer, Moulton -Patterson, Winchell, Leipzig ABSENT: Robitaille 05 Page 12 - Council/Agency Minutes - 03/07/94 Motion to Continue Decision Until Sign Committee Reviews and Makes Changes to the Sign Ordinance A motion was made by Sullivan, seconded by Leipzig, to continue Special Sign Permit No. 93-11 until the Sign Committee comes up with their recommendations which would have the effect of leaving the signs as they are, with a caveat (by Leipzig) to pick a date certain, March 7, 1995. AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (City Council) PUBLIC HEARING - ANNUAL REVIEW OF THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT COMPLIANCE REPORT -APPROVED (600.10) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Annual Review of the Holly-Seacliff Development Agreement Compliance Report Development Agreement No. 90-1 APPLICANT: City of Huntington Beach LOCATION: The Holly-Seacliff Master Plan Area ZONE: Holly-Seacliff Specific Plan and Ellis-Goldenwest Specific Plan REQUEST: Annual Review of the Holly-Seacliff Specific Plan ENVIRONMENTAL STATUS: Development Agreement No. 90-1 is covered by Final Environmental Impact Report No. 89-1 which was certified by City Council on January 8, 1990. No additional environmental review is required for this report. COASTAL STATUS: A portion of Development Agreement No. 90-1 is located within the City's Certified Coastal Zone. No action is necessary. Legal Notice as provided to the City Clerk's Office by staff had been published and posted. No further communication or written protests were received on the matter. The Community Development Director presented a staff report. The Mayor declared the public hearing open. Tom Zanic, Seacliff Partners, stated that he had a twenty minute presentation prepared but would forgo the presentation due to the late hour and answer Council questions. 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. Recommendations for Preparation of Subsequent Compliance Reports Councilmember Leipzig made recommendations to staff for the preparation of subsequent compliance reports to include statement of issues. 076 Page 13 - Council/Agency Minutes - 03/07/94 A motion was made by Leipzig, seconded by Sullivan, to receive and file the Holly-Seacliff Agreement Annual Compliance Report for 1993. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (City Council) NOTICE OF COMPLETION - TRACT NO. 14035 - CENTRAL PARK NO. 15 - EAST OF EDWARDS STREET - SOUTH OF ELLIS AVENUE - CONTINUED TO MARCH 21, 1994 (420.60) The Mayor announced that staff requested the Notice of Completion for Tract No. 14035 be continued to March 21, 1994. CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Sullivan) Resolution No. 6574 regarding the proposed initiative entitled Mobile Home Fairness and Rental Assistance Act, (Silva) settlement appropriation, (Leipzig) modification to City Classification Plan, Art Center classifications. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Sullivan, 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: Robitaille (City Council/Redevelopment Agency) MINUTES - ADOPTED - Approved and adopted minutes of Council/Agency regular minutes of December 6, 1993 and December 20, 1994 as written and on file in the Office of the City Clerk. (City Council) HISTORIC RESOURCES BOARD RESIGNATION - MARYANN MALAMUT - APPROVED (110.10) - Accepted the resignation of Mary Ann Malamut from the Historic Resources Board whose term will expire on June 30, 1997. (City Council) WEED ABATEMENT - RESOLUTION NO.6572 - FIXES APRIL 18. 1994 AS PUBLIC HEARING DATE - ADOPTED (520.80) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY, AND RUBBISH AND REFUSE DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE; AND FIXING THE TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF." 077 Page 14 - Council/Agency Minutes - 03/07/94 (City Council FLORIDA-YORKTOWN STREET IMPROVEMENTS - CHANGE ORDERS - NASHAT DESIGN & CONSTRUCTION - CC-873 - APPROVED (600.50) - Authorized an increase of $41,500 to the approved project budget for the Florida -Yorktown Street Improvement Project as follows: Utica Ave, west of Beach (725-733 Utica Avenue), $7,000; Slater Avenue at Keelson Street, $13,840; south side of Yorktown Avenue (602 Yorktown Ave) $2,600 and underestimated grading, pavement removal & reconstruction and water service construction $18,060. (City Council) NOTICE OF COMPLETION - SOUTH SHORES ENHANCEMENT AREA - J &B KOVAC ENGINEERING - MSC-361 - PERCH CIRCLE - APPROVED (600.80) - Accepted the reconstruction and improvements of Perch Circle in the South Shores Enhancement Area at a final contract cost of $29,396 and authorized the City Clerk to file the Notice of Completion. (City Council) AMENDMENT TO CONSULTANT AGREEMENT - FUNDAMENT & ASSOCIATES - MUNICIPAL ARTS CENTER - CONSTRUCTION MANAGEMENT SERVICES - APPROVED (600.10) - Approved and authorized execution of Amendment No. 1 to the agreement between the city and Fundament & Associates for Construction Manager Services for the Municipal Arts Center, approved the increase in the Contract Change Order Limit from $149,550 to $159,720 and authorized and approved transfer of $35,000 from the Art Center Fund account no. E-AC-CS-386-593 to Art Center Fund account no. E-CP-AS-151-6-31- 00. (City Council/Redevelopment Agency) APPROVAL OF DOCUMENTS - COMMUNITY DEVELOPMENT BLOCK GRANT DOWN PAYMENT ASSISTANCE & REDEVELOPMENT SECOND TRUST DEED PROGRAM - APPROVED (340.70) - Approved and authorized execution of all loan documents necessary to secure the city and Agency's investment in homes purchased by participants in the Down Payment Assistance Program. (City Council) RESOLUTION NO. 6573 - COUNTY LANDFILL GATE FEE LIEN SYSTEM - ADOPTED (810.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING A LIEN TO BE PLACED BY THE COUNTY OF ORANGE AGAINST PAYMENTS DUE TO RAINBOW DISPOSAL BY THE CITY OF HUNTINGTON BEACH." Grants the county Integrated Waste Management Department (IWMD) the right to lien funds due Rainbow Disposal for residential refuse collection should the hauler fail to pay gate fees on refuse collected in the city. (City Council) MODIFICATION TO CITY CLASSIFICATION PLAN - ART CENTER CLASSIFICATIONS - RESOLUTION NO. 6554 - CONTINUED TO MARCH 21, 1994 (700.10) The City Clerk presented Resolution No. 6554 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO AMEND THE CITY CLASSIFICATION PLAN." (Adds new classifications: Art Education Coordinator, Exhibition Coordinator, Preparator, Cultural Services Aide.) Councilmember Leipzig requested that the modification to the City Classification Plan be continued to March 21, 1994. 078 Page 15 - Council/Agency Minutes - 03/07/94 (City Council) RESOLUTION NO. 6574 - OPPOSITION TO STATEWIDE INITIATIVE - "MOBILE HOME RENTAL ASSISTANCE. MOBILE HOME RENT CONTROL RESTRICTIONS. INITIATIVE STATUTE." - ADOPTED (430.60) The City Clerk presented Resolution No. 6574 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING THE STATEWIDE INITIATIVE ON MOBILE HOME RENTAL ASSISTANCE. MOBILE HOME RENT CONTROL RESTRICTIONS. INITIATIVE STATUTE." Councilmember Sullivan requested that the name of the initiative in the resolution be change to reflect the correct title. A motion was made by Sullivan, seconded by Leipzig, to adopt Resolution No. 6574. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva ABSENT: Robitaille (City Council) SETTLEMENT APPROPRIATION - NANCY SMITH V. CITY OF HUNTINGTON BEACH (630.40) The City Council presented a communication from the City Attorney regarding Nancy Smith v. the city. A motion was made by Sullivan, seconded by Leipzig, to approve appropriation of $500,000 for settlement in the case of Nancy Smith v. City of Huntington Beach from Account No. 1 C 301 self-insurance liability unreserved fund balance. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva ABSENT: Robitaille (Redevelopment Agency) CONTINUED FROM FEBRUARY 22, 1994 - EDUCATIONAL REVENUE AUGMENTATION FUND (ERAF) PAYMENT - HUNTINGTON CENTER & LOW & MODERATE INCOME HOUSING FUND EXPENDITURES - CONTINUED TO MARCH 21. 1994 (400.10) (City Council) BOLSA CHICA LINEAR PARK - SHELL OIL COMPANY - GAS PLANT - ORANGE COUNTY BOLSA CHICA REGIONAL PARK EDUCATIONAL - HISTORICAL ELEMENT (920.30) The City Clerk presented a communication from the City Administrator regarding the establishment of a city position as to whether a portion of Shell Oil Company gas plant, currently located on Bolsa Chica Bluffs, should be included as an educational and historical element in the Orange County Bolsa Chica Regional Park and whether to extend the deadline for clean up and dedication requirements for the 3.6 acre site. A communication dated March 2, 1994 received from Shell Western E & P Incorporated in support of the proposed extension was distributed to Council. The City Administrator presented a staff report 079 Page 16 - Council/Agency Minutes - 03/07/94 Motion to Draft Amendment to Holly Seacliff Development Agreement - Approved (600.10) A motion was made by Bauer, seconded by Leipzig, to direct staff to meet with Seacliff Partners to draft a mutually agreeable amendment to Section 2.2.1(a)6 of Holly Seacliff Development Agreement No. 90-1 to modify the clean up and dedication requirements for the 3.6 acre Shell Gas Company gas plant site for Council approval. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille Action on Educational and Historical Element of the Gas Plan Deferred to Council Committee for Review Following discussion a motion was made by Bauer, seconded by Moulton -Patterson, to continue action on a recommendation to the Orange County Harbors, Beaches and Parks Department that a portion of the gas plant be included as an educational and historical element in the Bolsa Chica Regional Park as described in the Request for Council Action dated March 7, 1994 entitled Bolsa Chica Regional Park - Gas Plant Element until such time as a Council Committee can convene and discuss all aspects of the Linear Park. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille Council Committee Formed to Review Linear Park Councilmembers Bauer and Leipzig volunteered to serve on a Council Committee to review all aspects of the Linear Park. (City Council) SEAPOINT STREET EXTENSION STUDY - CONTINUED TO MARCH 21, 1994 (800.60) (City Council) ORDINANCE NO. 3228 -ADOPTED -AGGRESSIVE PANHANDLING (640.10) The City Clerk presented Ordinance No. 3228 for Council adoption - "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 Silva, seconded by Winchell, to adopt Ordinance No. 3228. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (City Council) ORDINANCE NO.3231 - ADOPTED - SUN DECKS AND WINDSCREENS (640.10) The City Clerk presented Ordinance No. 3231 for Council adoption - "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." 080 Page 17 - Council/Agency Minutes - 03/07/94 A motion was made by Bauer, seconded by Sullivan, to adopt Ordinance No. 3231. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (City Council ORDINANCE NO 3230 - INTRODUCTION APPROVED - PERTAINING TO SPEED LIMITS ON CITY STREETS (640.10) The City Clerk presented Ordinance No. 3230 for Council adoption - "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." (Eighteen street segments to increase from 40 to 45 mph; two street segments to increase from 40 to 50 mph; one street segment to increase from 45 to 50 mph; one street segment to be reduced from 55 to 50 mph; eleven street segments to reduce from 50 to 45 mph; and three street segments to reduce from 40 to 30 mph.) (Introduction approved February 28, 1994. Submitted for re -introduction.) A memorandum dated March 3, 1994 from the Public Works Director entitled Errors in Speed Limit Ordinance was distributed to Council. A motion was made by Winchell, seconded by Sullivan, to adopt Ordinance No. 3230. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell; Leipzig, Sullivan NOES: Silva ABSENT: Robitaille Planning Commission Resignation of Debbie Cook and Emergency Appointment of Edward Kerins (110.20) Councilmember Bauer announced the resignation of Planning Commissioner Debbie Cook with regrets effective March 7, 1994 and appointed Edward Kerins as an emergency interim replacement pending compliance with Maddy Act posting requirement. 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 Monday, March 21, 1994 at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. egj� Wu4eA ATTEST: 04�e 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