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HomeMy WebLinkAbout1994-04-06MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Wednesday, April 6, 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 6:30 p.m. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan, Silva (arrived 6:40 p.m.) ABSENT: None Public Hearing - Downtown Specific Plan Code Amendment - Continued Onen Mayor Moulton -Patterson referring to a memorandum from the City Attorney dated April 6, 1994 announced that the public hearing on the Downtown Specific Plan Code Amendment was not formally closed at the April 4, 1994 meeting and public comments will be taken from any person that did not have an opportunity to speak at the last meeting. A motion was made by Winchelf, seconded by Robitaille, to reopen the public hearing regarding the Downtown Specific Plan continued from the April 4, 1994 Council meeting. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan NOES: Leipzig ABSENT: Silva (out of room) C{ ity Council} PUBLIC HEARING - CONTINUED OPEN FROM MARCH 7, '1994 - CODE AMENDMENT NO. 92-5 - DOWNTOWN SPECIFIC PLAN CODE AMENDMENT - VILLAGE CONCEPT AND DOWNTOWN PARKING MASTER PLAN - CONTINUED TO JUNE 6, 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 hounded by Golden West Street, Pacific Coast Highway, Beach Boulevard ZONE: Downtown Specific Plan REQUEST: To amend the Downtown Specific Plan for the purpose of scaling down development standards, creating three planning nodes, establishing affordable housing standards and a comprehensive parking management plan. ENVIRONMENTAL STATUS: Covered. by the Downtown Specific Plan Environmental Impact Report. 121 Page 2 - Council/Agency Minutes - 04/06/94 COASTAL STATUS: Local Coastal Plan Amendment The Mayor declared the public hearing re -opened. The City Clerk announced that a communication had been received and distributed to Council from Planning Commissioner Roy Richardson dated April 5, 1994 and a communication from Nick Ali and John' Peranteau in support of a proposed project on Pacific Coast Highway and Seventh Street. The City Clerk stated that copies of the communications are available for the public pursuant to the Brown Act. Bob Mandic, property owner, spoke and referred to a map regarding the parking problem in the downtown area and proposed density reduction for his property and other propoerty owners in the Downtown Specific Plan. Doug Lanoevin, property owner, spoke in support of equal parking requirements for properties located north and south of Orange Avenue, in -lieu parking fees being used to acquire property not restriping, and in opposition to the Pierside Pavilion parking not being utilized. 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. The Community Development Director presented a staff report using slides entitled Outstanding Issues. DOWNTOWN SPECIFIC PLAN Straw Vote - Approved - Remove Minimum Walkinq Distance from Downtown Specific Plan A motion was made by Winchell, seconded by Bauer, to remove the minimum walking distance from the Downtown Specific Plan. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell NOES: Leipzig, Sullivan ABSENT: None Straw Vote - Approved - Twenty -Four Foot Alley Width Required The Fire Chief presented a staff report. Discussion was held by Council and staff regarding the use of sprinkler systems which would eliminate the need for alleys and the cost of retrofitting buildings with a sprinkler system. The Fire Chief stated he would like thirty foot width due to access needs. The Planning Director reported on the width issue. A motion was made by Winchell, seconded by Bauer, to require twenty-four foot alley widths. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig NOES: Robitaille, Sullivan ABSENT: None 122 Page 3 - Council/Agency Minutes - 04/06/94 Straw Vote - Approved - Allow Curb Cuts - District Six - Ingress Only A motion was made by Winchell, seconded by Sullivan, to allow curb cuts for ingress only along Main Street in District Six on property that has a minimum one hundred square foot frontage. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - All District Boundaries to Remain the Same A motion was made by Winchell, seconded by Sullivan, to leave the boundaries as they exist today in the Downtown Specific Plan. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan NOES: Moulton -Patterson ABSENT: None Straw Vote - Approved - Allow 1.5 Floor Area Ratio - District Six A motion was made by Winchell, seconded by Leipzig, to allow a floor area ratio of 1.5 for less than half block parcels in District Six only. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Allow Ten Foot Upper Story Set Back from the Facade - District Six A motion was made by Winchell, seconded by Sullivan, to allow a ten foot upper story set back from the facade in District Six. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Page One of Matrix - ALL ITEMS - AS AMENDED A motion was made by Leipzig, seconded by Moulton -Patterson, to approve all items as amended on page one of the matrix. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None 123 Page 4 - Council/Agency Minutes - 04/06/94 Straw Vote --Approved - Sixty Foot Building Height - Five Feet Between Floors Discussion was held by Council and staff. A motion was made by Winchell, seconded by Sullivan, to return to the existing Downtown Specific Plan standards regarding the maximum building height and height between floors. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Screening of Parking Lots A motion was made by Winchell, seconded by Sullivan, to require screening of alley parking lots. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: Leipzig ABSENT: Robitaille (out of room) Straw Vote - Approved - Page Two of Matrix - All Items - As Amended A motion was made by Leipzig, seconded by Moulton -Patterson, to approve all items as amended on page two of the matrix. The motion carried by the following roll call vote: AYES: Silva, Bauer, rtioulton-Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) Straw Vote - Motion to Approve Pape Three of Matrix - Died for Lack of a Second A motion was made by Leipzig, seconded by Moulton -Patterson, to approve all items on page three of the matrix. The motion DIED for lack of a second. Straw Vote - Approved - Maximum Density All Areas - Thirty Units Per Acre A motion was made by Sullivan, seconded by Leipzig, that the density in all ten areas of the Downtown Specific Plan should not exceed thirty units per acre. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) i24 Page 5 - Council/Agency Minutes - 04/06/94 Straw Vote - Approved - Page Three of Matrix - All Items - As Amended A motion was made by Winchell, seconded by Leipzig, to approve all items as amended on page three of the matrix. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) Straw Vote - Failed - Motion to Reduce Open Space Requirement to Five Percent - District Five A motion was made by Silva, seconded by Robitaille, to reduce open space requirement to five percent on interior parcels one hundred feet or more in District Five. The motion FAILED by the following roll call vote: AYES: Silva, Robitaille, Sullivan NOES: Bauer, Moulton -Patterson, Winchell, Leipzig ASSENT: None Straw Vote - Approved - Require Ten Percent Oven Space on Interior Parcel of Dne Hundred Feet or More in District Five A motion was made by Winchell, seconded by Robitaille, to approve open space requirement of ten percent on interior parcels one hundred feet or more in District Five as listed on the matrix with the deletion of the word amenities. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig NOES: Silva ABSENT: Sullivan (out of room) Straw Vote - Motion to Not Allow Cantilever Decks in District Five - Died for Lack of a Second The Community Development Director presented a staff report on cantilever decks. A motion was made by Winchell to not allow cantilever decks in District Five. The motion DIED for lack of a second. Straw Vote - Motion to Allow Cantilever Decks to the Property Line in District Six - Died for Lack of a Second A motion was made by Silva to allow cantilever decks to the property line in District Six. The motion DIED for lack of a second. 25 Page 6 - Council/Agency Minutes - 04/06/94 Straw Vote - Approved - Page Four of Matrix - All Items - As Amended A motion was made by Winchell, seconded by Sullivan, to approve all items as amended on page four of the matrix. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Cantilever Decks - District Five - Three Foot Set Back A motion was made by Winchell, seconded by Moulton -Patterson, to amend Section 4.7.08 of the Downtown Specific Plan to allow cantilever decks in District Five with a three foot set back the same as in District Six. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Wincheil, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Pace Five of Matrix - All Items - Except Open Space Requirements - District Six and Seven A motion was made by Winchell, seconded by Sullivan, to approve all items on page five of the matrix with the exception of the open space requirement for District Six and Seven . The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Reduce Open Space Requirement to Five Percent - Ground Level - District Six The Planning Director presented ,a staff report. A motion was made by Silva, seconded by Leipzig, to reduce the open space requirement on the ground floor to five percent on interior parcels one hundred fifty feet or more in District Six. The motion carried by the following roll call vote: AYES: Silva, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Bauer ABSENT: None Straw Vote - Approved - Increase Open Space Requirement to Fifteen Percent - District Seven A motion was made by Leipzig, seconded by Sullivan, to increase the open space requirement to fifteen percent in District Seven. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Leipzig 12 6 ABSENT: Silva (out of roomy Page 7 - Council/Agency Minutes - 04/06/94 Staff Report Reguested - Districts Seven through Eleven - Downtown Specific Plan Councilmember Bauer requested a staff report on Districts Seven through Eleven of the Downtown Specific Plan. He volunteered to work with the Council Committee and staff to study Districts Seven through Eleven. Staff Requested to Clarify Wording Regarding Special Permits ; Downtown Specific Plan A motion was made by Winchell, seconded by Sullivan, to clarify wording in the Downtown Specific Plan page six regarding special permits. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Staff Requested to Add Definition of Public Open Space to Downtown Specific Plan A motion was made by Winchell, seconded by Sullivan, to add the definition of "public" open space as well as "private" and "common" open space on page twelve of the Downtown Specific Plan to clarify. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Staff Requested to Add AP12ropriate Floor Area Ratio to Districts Two Four Five Eight and Nine A motion was made by Winchell, seconded by Moulton -Patterson, to add an appropriate floor area ratio, building height and story height for Districts Two. Four, Five, Eight and Nine. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Accept Remainder of Planning Commission Recommendations - Downtown Specific Plan A motion was made by Winchell, seconded by Sullivan, to accept the remainder of the Planning Commission recommendations regarding the Downtown Specific Plan. The motion carried by the following roll tali vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None 127 Page 8 - Council/Agency Minutes - 04/06/94 DOWNTOWN MASTER PARKING PLAN The Planning Director presented a staff report. Straw Vote - Motion to Approve - Building Square Footage Caps A motion was made by Winchell, seconded by Moulton -Patterson, to leave the Wilding square footage caps of land use in the Downtown Master Parking Plan. Amendment to Straw Vote - Building Square Footaae Caps A motion was made by Bauer, accepted by Wincheff, to amend the motion to include: The City Council recognizes that we are either at or in excess of the caps discussed with regards to parking requirements and that the City Council's intent is to address the parking deficiency dictated by that excess square footage under the caps in some objective manner at the earliest date possible. Councilmember Silva requested Bob Mandic to address the parking issue. Bob Mandic spoke in support of removing the building square footage caps, placing a cap on in -lieu parking, expansion of projects in Blocks G and F and density reduction of the block where his property is located. He requested a moratorium until the parking plan is approved. Restated Motion - Building Square Footage Caps The City Clerk restated the motion and amendment as follows: A motion was made by Winchell, seconded by Moulton -Patterson, to approve page five of the matrix with no changes unless the project exceeds caps and then must meet requirements on page twenty- two of the Downtown Parking Master Plan. Amendment to Restated Motion - Building Square Footage Caps A motion was made by Bauer, accepted by Winchell, to amend the motion to include: "Excess of caps regarding parking requirements that City Council is to address parking deficiencies in excess of caps in some objective manner as on page twenty-two or in other ways". Staff Directed - Caps Not Development Ceilings Councilmember Leipzig stated that these caps are not development ceilings; they are simply numerical thresholds that would trigger a program of additional parking requirements that has not been fully fleshed out and staff concurred that this was the case. Page 9 - Council/Agency Minutes - 04/06/94 Restated Motion - Approved as Amended - Building Square Footage Caps The original motion made by Winchell, seconded by Moulton -Patterson, including the amendment made by Bauer, to approve page five of the matrix with no changes unless the project exceeds caps and then must meet requirements on page twenty-two of the Downtown Parking Master Plan and to include "Excess of caps regarding parking requirements that City Council is to address parking deficiencies in excess of caps in some objective manner as on page twenty-two or in other ways". The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig NOES: Sullivan ABSENT: None Straw Vote - Approved - Page Six of Matrix-- All Items - As Amended A motion was made by Winchell, seconded by Sullivan, to approve all items as amended on page six of the matrix. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Use Exhibit No. Three Language The Planning Director requested that the language be based on Exhibit No. Three on page eleven entitled Downtown Parking Master Plan Codified Parking Requirements not the IBI Report. A motion was made by Winchell, seconded by Sullivan, that the language be based on Exhibit No. Three on page eleven entitled Downtown Parking Master Plan Codified Parking Requirements. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Planning Commission Recommendation - Downtown Parking Master Plan - Pages Nineteen and Twenty - Area One and Area Two A motion was made by Winchell, seconded by Moulton -Patterson, to accept the Planning Commission recommendations on pages nineteen and twenty of the Downtown Parking Master Plan dated July 7, 1993 regarding the parking requirements for Area One and Area Two. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: None 129 Page 10 - Council/Agency Minutes - 04/06/94 Straw Vote - Anyroved - Existing Use Covered by Downtown Parking Master Plan - Require Additional Parking for Expanded Use A motion was made by Winchell, seconded by Leipzig, that existing square footage and uses are considered to be "parked" in public parking supply; demolition and rebuilding the same square footage and use no addition parking required; intensified or expanded use would require additional parking either on site or in -lieu. Councilmember Silva requested Connie Mandic to speak. Connie Mandic spoke regarding intensified use, existing parking to conform to code, private parking versus public parking and parking requirements for rehabilitation of an existing building and new construction. Art De La Loza, Deputy City Attorney, responded to Councilmember Robitaille's question regarding the in -lieu parking fee. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: None Straw Vote - Died for Lack of a Second - Amendment to Downtown Master Parking Plan - Regarding Acquisition of Additional Parking Sites A motion was made by Leipzig, that the action to identify and acquire two additional sites, one in Area One and one in Area Two, to be relocated from the Immediate Implementation section and moved to the Short Term section and strike language about it being prior to the Parking Master Plan becoming operational. The motion DIED for lack of a second. The City Administrator reported on Certificates of Deposit and overall capital improvements. Straw Vote - Died for Lack of Second - Maintain Option to Purchase Property for Additional Parkintl A motion was made by Winchell to modify the Planning Commission's direction to acquire the sites and amend the additional recommendation section of the Parking Master Plan to read "maintain the option for the city to purchase property for additional parking". The motion DIED for lack of a second. The City Administrator reported. Straw Vote - Approved - Maintain Option for City to Purchase Property A motion was made by Bauer, seconded by Sullivan, to amend page twenty-one of the Downtown Master Parking Plan to maintain option for city to purchase property at some future time. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None 130 Page 11 - Council/Agency Minutes - 04/06194 Straw Vote - Approved - Maintain Options - Additional Parking Spaces A motion was made by Winchell, seconded by Sullivan, to maintain options to provide additional parking spaces such as valet parking and restriping and maintain in -lieu fee at the current rate. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaiile, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None RECESS - RECONVENE The Mayor called a recess of Council at 10:20 p.m. The meeting was reconvened at 10:30 p.m. Staff Directed to Change Wording in Downtown Master Parking Plan Regarding Block H - No Density Reduction Councilmember Bauer stated he would like on the record that in no way does his vote imply that he wants to reduce or limit the property owners from building what they want as long as the rules are followed. He requested a change in wording regarding Block H that defines what can be built in the area and that there is no restriction or density reduction in that area. Staff Directed to Address Permitted Uses Councilmember Bauer spoke regarding defining permitted uses and that clientele that is prone to engage in anti -social behavior is not to be encouraged. The Planning Director stated that the Planning Commission is to meet with the Alcoholic Beverage Commission and the Police Department on April 19, 1994 to address the issue of permitted uses in the downtown area and a Council study session could be scheduled following that meeting to discuss the results. The City Cleric stated that the City Administrator had determined a public hearing would be set for June 6, 1994 meeting to consider the first reading of the ordinance covering the specific plan amendment. (City Council PUBLIC HEARING - CONTINUED FROM APRIL 4 1994 - ELLIS AVENUE UNDERGROUND UTILITY DISTRICT NO. 94-1 - GOLDENWEST STREET TO EDWARDS STREET - RESOLUTION NO.6581 (350.20) The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution of Intent No. 6578 adopted March 21, 1994 to consider a proposal that an underground utility district be formed within the public right-of-way along Ellis Avenue between Goldenwest and Edwards Streets. The City Clerk presented Resolution No. 6581 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT ON ELLIS AVENUE BETWEEN GOLDEN WEST STREET AND EDWARDS STREET." (Underground Utility District No. 94-1 ) The City Engineer presented a staff report. 131 Page 12 - Council/Agency Minutes - 04/06/94 Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. 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. Discussion was held by Council and staff. A motion was made by Robitaille, seconded by Winchell, to adopt Resolution No. 6581. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Leipzig (out of room) HUNTINGTON BEACH PARKING AUTHORITY ROLL CALL PRESENT: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig ABSENT: None The City Clerk read the Call for Special Meeting Notice. CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH PARKING AUTHORITY Linda Moulton -Patterson, Director Jim Silva, Director Ralph Bauer, Director Earle Robitaille, Director Grace Winchell, Chairman Victor Leipzig, Director Dave Sullivan, Director You are hereby notified that a Special Meeting of the Huntington Beach Parking Authority of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 6:30 P.M. on Wednesday, April 6, 1994, for the purpose of approving plans and specifications, construction contract, and amendment to the FY 93-94 Parking Authority Budget for the construction of South Beach Restroom #1. Dated: April 5, 1994 132 /s/ Linda Moulton -Patterson Chairman, Huntington Beach Parking Authority Page 13 - Council/Agency Minutes - 04/06/94 ATTEST: /s/ Connie Brockway Secretary I hereby certify that I received the above notice, "Call For Special Meeting" of the Huntington Beach Parking Authority", prior to 6:30 P.M. on Tuesday, April 5, 1994. A/ Linda Moulton -Patterson Chairman, Huntington Beach Parking Authority (City Council/Parking Authority) SOUTH BEACH RESTROOM - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-908 - CONTINUED TO APRIL 18, 1994 PENDING STUDY OF MEASURE "C" APPLICABILITY (600.80) The City Clerk presented a communication from the Director of Community Services and the Director of Public Works regarding construction of South Beach Restroom No. 1. Art ❑e La Loza, Deputy City Attorney, expressed concerns regarding a Measure "C" vote, expending funds at a Parking Authority special meeting due to the City Charter provision that funds may be expended only at a regular meeting, and demolition and construction of a new restroom building. A motion was made by Leipzig, seconded by Sullivan, to direct the construction of South Beach Restroom No. 1 be set for April 18, 1994 pending a study of Measure "C" applicability. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None ADJOURNMENT HUNTINGTON BEACH PARKING AUTHORITY The Chairman adjourned the special meeting of the Huntington Beach Parking Authority. 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 Leipzig, seconded by Sullivan, to proceed with the agenda. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: None Page 14 - Council/Agency Minutes - 04/06/94 Need to Take Action Arose Subsequent to Agenda Posting - Motion to Aaendize Item Not Posted Regarding Reconsideration of Council Action - Loan Agreement Associates Nine 725-733 Utica Avenue - Agency Resolution No. 255 - Council Resolution No. 6579 (600.10) 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 reconsideration of Council Action regarding the Loan Agreement with Associates Nine located at 725-733 Utica Avenue arose subsequent to the agenda being posted. The motion carried by the following roll call vote: Greg Brown, Special Projects Development Specialist, responded to Council questions. Art De La Loza, Deputy City Attorney, responded to Council questions. AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Reconsideration of Council Action - Loan Agreement - Associates Nine 725-733 Utica Avenue - Agency Resolution No. 255 - Council Resolution No. 6579 - Approved (600.10) A motion was made by Sullivan, seconded by Bauer, to agendize for reconsideration Council Action regarding the Loan Agreement with Associates Nine located at 725-733 Utica Avenue. The motion carried by the following roll call vote: AYES: Silva, Bauer, Winchell, Sullivan NOES: Robitaille, Moulton -Patterson, Leipzig ABSENT: None Place on Aqenda - Reconsideration of Council Action - Loan_A_greement - Associates Nine 725-733 Utica Avenue - Staff Directed to Place on Agenda for April 18, 1994 (600.10) A motion as made by Sullivan, seconded by Bauer, to direct staff to place the Loan Agreement with Associates Nine located at 725-733 Utica Avenue on the agenda for the next meeting in order to have questions answered. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan NOES: Moulton -Patterson ABSENT: None CONSENT CALENDAR - (ITEMS REMOVED) The following item was requested by the Deputy City Attorney to be removed from the Consent Calendar as the time for response has expired. Citv Council) REMOVED FROM AGENDA - REQUEST FOR CITY OF HUNTINGTON BEACH TO JOIN IN SUPPORT OF AMICUS CURIAE BRIEF - THE CUSTOMER COMPANY V. CITY OF SACRAMENTO - TIME TO RESPOND HAS EXPIRED (630.50) - Removed from the agenda the amicus curiae brief which 1 involves the question through use of an inverse condemnation theory, should costs of law enforcement response to emergency situations be spread to the community as a whole, as opposed to the individuals who own the property affected, damaged or destroyed during the emergency response. Page 15 - Council/Agency Minutes - 04/06/94 CONSENT CALENDAR - 1ITEMS APPROVED On motion by Leipzig, second by Robitaille, Council approved the following items, as recommended, with an amendment to Huntington Central Park Equestrian Center Sublease to Therapeutic riding Center of Huntington Beach - Resolution No. 6582 to add working "that is consistent with the master lease and subject to the insurance requirements of the city". The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None lCity Council/Redevelopment Agency) MINUTES - CONTINUED FROM APRIL 4 1994 - ADOPTED - Approved and adopted minutes of Council/Agency regular meeting of March 7, 1994 as written and on file in the office of the City Clerk. (City Council CONTINUED FROM APRIL 4 1994 - TRAFFIC SIGNAL MASTER CONTROL AND SURVEILLANCE SYSTEM - TRAFFIC SIGNAL CONTROLLER SOFTWARE PURCHASE - BI TRAN SYSTEMS._ INCORPORATED - APPROVED (600.95) - Approved the selection of Bi Tran Systems, Incorporated, as the vendor for traffic signal intersection controller software and field master software, authorized the expenditure of $15,000 for the purchase of the following Bi Tran Systems software and hardware: (a) Model 170 Program 233 for traffic signal controllers, (b) QuicLoad traffic signal timing program database and timing parameter implementation program, (3) a Programmable Read Only Memory (PROM) programmer and associated microchips for installation of the traffic signal intersection controller software. {City CouncilY CONTINUED .FROM APRIL 4, 1994 - MOBILE HOME REVIEW COMMITTEE APPOINTMENT - NORMA BROWNELL - APPROVED (110.20) - Approved the appointment of Norma Brownell, a mobile home park resident, as a permanent member of the Mobile Home Park Review Committee. (Temporary appointment approved February 22, 1994 pending compliance with Maddy Act posting requirements.) (City Council) CONTINUED FROM APRIL 4, 1994 - RESTROOMS_AT_POLICEIPUBLIC GUN RANGE - HUNTINGTON CENTRAL PARK - APPROVED (320.45) - Approved an amendment to the fiscal year 1993194 budget to add $5,500 from the General Fund Unappropriated Balance to Account No. E-AA- CS-345-3-90-00 for the installation and lease payments for modular rest rooms at the police/public gun range. City Council CONTINUED FROM APRIL 4. 1994 - HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER SUBLEASE TO THERAPEUTIC RIDING CENTER OF HUNTINGTON BEACH - RESOLUTION NO. 6582- ADOPTED AS AMENDED (600.35) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING A SUBLEASE BY THERAPEUTIC RIDING SCHOOLS AT THE HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER." As amended to include: "That is consistent with the master lease and subject to the insurance requirements of the city". 135 Page 16 - Council/Agency Minutes - 04/06/94 (City Council) CONTINUED FROM APRIL 4, 1994 - RESOLUTION OF SUPPORT - VESSEL PASSENGER SERVICE BETWEEN HUNTINGTON HARBOUR (PETER'S LANDING MARINA_) AND CATALINA ISLAND - RESOLUTION NO. 6583 - ADOPTED (120.70) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING A GENERAL PUBLIC PASSENGER BOAT SERVICE BETWEEN HUNTINGTON BEACH, AT PETER'S LANDING AND CATALINA ISLAND." (City Council) CONTINUED FROM APRIL_ 4, 1994 - PHASE II OF THE BEACH BOULEVARD SMART STREET PROJECT FORMERLY SUPER STREET AND PAVEMENT REHABILITATION PROJECT BETWEEN ELLIS AVENUE AND THE NORTHERN CITY LIMITS - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-784 - FED. NO. STPLN 5181(020) - APPROVED (600.50) - Approved plans and specifications for construction of Phase II of the Beach Boulevard Smart Street project (formerly called Super Street) and pavement rehabilitation project between Ellis Avenue and the northern city limits, authorized the Director of Public Works to solicit bids and approved sample construction contract subject to award of contract to Council approved lowest responsible bidder. (City Council) CONTINUED FROM APRIL 4, 1994 - CENTRAL LIBRARY PARKING LOT PROJECT AMENDMENT TO AGREEMENT WITH KLEINFELDER, INCORPORATED - SOIL INSPECTION AND TESTING - AMENDMENT WITH MONTGOMERY WATSON FOR CONSTRUCTION MANAGEMENT SERVICES - APPROVED (600.10) - Approved and authorized execution of a contract amendment with Kleinfelder, Incorporated in the amount of $57,1 19 for soil inspection and testing on the Library Parking Lot project and approved and authorized execution of contract amendment with Montgomery Watson in the amount of $113,819 for construction management services on the Library Parking Lot Project. (Redevelopment Agency) CONTINUED FROM APRIL 4, 1994 - WAHOO'S RESTAURANT - IN -LIEU PARKING FEE - 120 MAIN STREET - MAIN -PIER REDEVELOPMENT PROJECT AREA - APPROVED (340.20) The City Clerk presented a communication from the Redevelopment Director regarding the in -lieu parking fee for Wahoo's Restaurant located at 120 Main Street in the Main -Pier Redevelopment Project Area. The Economic Development Director presented a staff report. Motion to Approve In -Lieu Parking Fee - Wahoo's Restaurant - 120 Main Street A motion was made by Sullivan, seconded by Silva, to approve payment by the Agency of an in -lieu parking fee of $72,000 for 12 parking spaces on behalf of Wahoo's Restaurant, located at 120 Main Street, subject to the terms and conditions and outlined in the Request for Council Action dated April 4, 1994. Amendment to Motion to Approve In -Lieu Parking Fee - Wahoo's Restaurant -_Request Agreements Consistent with the Downtown Specific Plan - Failed Art De La Loza, Deputy City Attorney, requested the in -lieu parking fee for Wahoo's Restaurant be contained in appropriate agreements consistent with the Downtown Specific Plan and Resolutions No. 253 and No. 6522 and the conditional use permit, all to be presented to the City Attorney, the Community Development Director and the Economic Development Director which would approve the content and the form. Page 17 - Council/Agency Minutes - 04/06/94 The Economic Development Director stated that a lien has been required in the past. Considerable discussion was held by Council and staff. The City Clerk informed Council that if the Mayor or City Clerk's signatures are to be required on documents relating to a lien the motion must provide such authorization. Amendment to Motion to Approve In -Lieu Parking Fee - Wahoo's Restaurant - Adiust Yearly by the Consumer Price Index - Approved An amendment to the motion was made by Sullivan, seconded by Silva, to amend number five of the Conditions and Obligations for the Redevelopment Agency contribution to be adjusted yearly by the Consumer Price Index. Amended Motion to Approve In -Lieu Parking Fee - Wahoo's Restaurant - Adiust Yearly by the Consumer Price Index - Staff Directed to Prepare Appropriate Agreements - Approved The amended motion was restated by Councilmember Winchell to approve payment by the Agency of an in -lieu parking fee of $72,000 for 12 parking spaces on behalf of Wahoo's Restaurant, located at 120 Main Street, subject to the terms and conditions and outlined in the Request for Council Action dated April 4, 1994; that the in -lieu parking fee for Wahoo's Restaurant be contained in appropriate agreements consistent with the Downtown Specific Plan and Resolutions No. 253 and No. 6522 and the conditional use permit, all to be presented to the City Attorney, the Community Development Director and the Economic Development Director by Friday, April 8, 1994 which would approve the content and the form, authorize execution by the City Administrator; and to amend number five of the Conditions and Obligations as outlined in the Request for Council Action dated April 4, 1994 for the Redevelopment Agency contribution to be adjusted yearly by the Consumer Price Index. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (out of room) Conditions and Obligations 1. The property owner, Yuh-Hua Wong Wang, must obtain a conditional use permit for 120 Main Street, requiring payment of an in -lieu parking fee. (completed) 2. The parking fee for Wahoo's Restaurant is $6,000/space for twelve spaces, as set by the City Council. 3. The in -lieu fee will be paid by the property owner prior to Certificate of Occupancy being issued by the city's Building division. 4. The payment is the responsibility of the property owner and will be made in annual payments of $400/space, over fifteen years. Such payments will be made annually upon the anniversary date of the Certificate of Occupancy. A lien will be placed on the property for the balance of funds due to ensure future payment. In accordance with the resolution, the fee will automatically increase each ,July 1 by the amount of percentage in the Consumer Price Index, as determined by the City Treasurer. Page 18 - Council/Agency Minutes - 04/06/94 5. The number of spaces for which the fee may be paid is limited to twelve spaces, as required under the conditional use permit. 6. This action by the Redevelopment Agency will constitute approval by the Agency of its commitment to pay $72,000 as adjusted yearly by the Consumer Price Index in parking fees on behalf of Wahoo's Restaurant. The Agency fees will be paid to the City at the time of actual construction/acquisition/development of downtown parking spaces. 7. The fees collected shall be deposited into a dedicated parking fund to be used for creating opportunities for additional parking (i.e. valet, restriping) or construction of surface or structured parking in the downtown area. (City Council) CONTINUED FROM APRIL 4, 1994 - ORDINANCE NO. 3233 - ADOPTED - PRECISE PLAN OF STREET ALIGNMENT NO. 92-214) - EDINGER AVENUE BETWEEN GOTHARD STREET AND 300 FEET WEST OF BEACH BOULEVARD (640.10) The City Clerk presented Ordinance No. 3233 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICTS MAPS 15 AND 26 TO INCLUDE PRECISE PLAN OF STREET ALIGNMENT NO. 92-2(R) ALIGNING EDINGER AVENUE BETWEEN GOTHARD STREET AND APPROXIMATELY 300 FEET WEST OF BEACH BOULEVARD." Public hearing and introduction approved March 21, 1994. A motion was made by Winchell, seconded by Leipzig, to adopt Ordinance No. 3233. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES; None ABSENT: Silva (out of room) Staff Report Requested on Downtown Specific Plan Districts Seven, Eight, Nine, Ten and Eleven Councilmember Winchell requested a staff report with a plan for taking a deeper look at Downtown Specific Plan Districts Seven through Eleven. Amendment Requested to Agency Resolution No. 253 - Section No. Seven__- In -Lieu Parking Fee Councilmember Leipzig requested an amendment to Agency Resolution No. 253 Section No. Seven which implements the In -Lieu Parking Fee to clarify what constitutes Council approval. 138 Page 19 - Council/Agency Minutes - 04/06/94 ADJOURNMENT - COUNCIUREDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, April 18, 1994 at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. ATTEST: City Clerk/Clerk dWW4� S4" 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 139