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HomeMy WebLinkAbout1994-05-02MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, May 2, 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 COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: Silva, Robitaille CLOSED SESSION The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regarding negotiations with Lauro Guarano and James Koller concerning the purchase of property located at 303 Main Street (Third Block West). (400.50) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representative, William Osness, Director of Personnel and Daniel Cassidy, Esq., Liebert, Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer concerning the following employee organizations: Police Officers Association (POA), Police Management Association (PMA), Huntington Beach Fireman's Association (HBFA), Marine Safety Officers Association (MSOA), Municipal Employees Organization (MEO), and Municipal Employees Association (MEA). (120.80) The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(b)(3)(B) to confer with its attorney regarding pending litigation - Julie Ford matter. (400.50) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957 to consider personnel matters - appeal of Raymond J. Orlando. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 5:15 p.m. The meeting was reconvened at 6:25 p.m. Dedication of Meeting to Memory of Tom Pratt Mayor Linda Moulton -Patterson announced that the meeting will be dedicated to the memory of Tom Pratt a friend to the City of Huntington Beach, the Bolsa Chica Wetland and the entire California Coast, who passed away on April 6, 1994. 161 Page 2 - Council/Agency Minutes - 05/02/94 FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony, pledge of allegiance and invocation was presented by Boy Scout Troop No. 227 sponsored by St. Bonaventure Men's Club, John Plonkey, Scoutmaster. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: None PRESENTATION OF CHECKS FROM SHELL OIL WEST COAST COMMUNITY RELATIONS - TO BOY SCOUTS SEARCH AND RESCUE PROGRAM - OAKVIEW COMMUNITY CENTER - PROJECT SELF-SUFFICIENCY PROGRAM AND ART CENTER Bill Gibson, Shell Oil West Coast Community Relations Manager, presented checks to Mayor Moulton -Patterson for the following community programs: $500 to Boy Scouts Search and Rescue; $500 to Oakview Community Center; $1,000 to Project Self -Sufficiency and $2,500 to the Art Center. PROCLAMATION - GREAT AMERICAN RACE FROM HUNTINGTON BEACH MUNICIPAL PIER TO WILKES-BARRE, PENNSYLVANIA - BEGINNING JUNE 19, 1994 Mayor Moulton -Patterson presented -a proclamation to Tom McRae, Interstate Batteries Great American Race representative, proclaiming June 19th, 1994 as the start of the 1994 "Great American Race" from the Huntington Beach Municipal Pier to Wilkes-Barre, Pennsylvania. Mr. McRae distributed "Great American Race" caps to Councilmembers . PRESENTATION - CERTIFICATE OF RECOGNITION FOR LIFESAVING - STEVEN ANDERSON Mayor Moulton-Patteson presented a Certificate of Recognition to Steven Anderson, age 9, for saving a two-year old neighbor child from drowning in a backyard pool. PROCLAMATION - MAY 8-14, 1994 - HISTORIC PRESERVATION WEEK Mayor Moulton -Patterson presented a proclamation to Ida Griffin, Chairman of the Historic Resources Board, proclaiming the week of May 8-14, 1994 as Historic Preservation Week. Ms. Griffin asked members of the Historic Resources Board to stand to be acknowledged. �6� Page 3 - Council/Agency Minutes - 05/02/94 ANNOUNCEMENT - 1994 CIRCUS VARGAS IN HUNTINGTON BEACH MAY 9-14 1994 - INVITATION TO WAITER RELAY RACES HOSTED BY CIRCUS VARGAS TO BENEFIT THE MAKE A WISH FOUNDATION Dave Garofalo, North Huntington Beach Business Association representative, announced the 1994 Circus Vargas to be held in Huntington Beach May 9-14, 1994 and introduced members of the North Huntington Beach Business Association. John Wright, Olive Garden Restaurant Manager, spoke regarding the Waiter Relay Races to be hosted by Circus Vargas on May 14, 1994 from 9:00 a.m. to 11:30 a.m. to benefit the Make A Wish Foundation. Barbara Liepper, Holiday Inn Manager for Sales, spoke representing the Make A Wish Foundation, a non-profit organization, working to make wishes come true for children with life threatening illnesses. Ms. Liepper presented a Make A Wish Foundation candle to Mayor Moulton -Patterson. Star the Clown, Circus Vargas and Waiter Relay Races representative, invited Council and citizens to the Waiter Relay Races and the 1994 Circus Vargas. (City Council) ORDINANCE NO. 3235 - CATCH AND RELEASE POLICY FOR FISHING IN LOCAL LAKES - CONTINUED TO A FUTURE DATE - PER STAFF REQUEST (640.10) The City Clerk presented Ordinance No. 3235 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 13.48.010 AND 13.48.120 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO PARKS & LAKES, REQUIRING THAT FISH BE CAUGHT AND RELEASED." This ordinance requires the public to immediately release and return fish to the water, in all city lakes including Huntington, Greer, Chris Carr and Sully Miller and is designed to keep from depleting stock and eliminate any public health issue from eating fish. The Mayor announced that Ordinance No. 3235 would be continued to a future date for further staff review. (City Council) AMENDMENT TO AGREEMENT - PAY TEL, INCORPORATED - MANDATE TO PROVIDE NON -CASH COLLECT CALL TELEPHONE SERVICE IN JAIL - CONTINUED TO FUTURE DATE - PER STAFF REQUEST (600.10) The Mayor announced that the Amendment to the Agreement between the city and Pay Tel, Incorporated to provide non -cash collect call telephone equipment in the jail would be continued to a future date for further staff review. 163 Page 4 - Council/Agency Minutes - 05/02/94 Typographical Error - Affordable Housing Loan Agreement Associates Nine The City Clerk announced a typographical error on the Agenda Item regarding an Affordable Housing Rehabilitation Loan Agreement with Associates Nine for rehabilitation of the property located at 725-733 Utica Avenue, for thirty-six units of affordable housing not three hundred and thirty-six units as stated in the Agenda. PUBLIC COMMENTS George Arnold spoke in support of placing new buildings on the Municipal Pier and in opposition to the Orange County Transit Authority proposed elimination of the Dial -A -Ride program for senior citizens. Mr. Arnold spoke in opposition to the Agenda Item regarding the proposed agreement for an outside vendor for ambulance billing and collection services for the Fire-Med Program. He spoke in opposition to an Affordable Housing Rehabilitation Loan Agreement with Associates Nine for rehabilitation of the property located at 725-733 Utica Avenue. Mr. Arnold spoke in opposition to the handling of trash in the down town area by some restaurants and stated that tables in that area should be eight to ten feet apart. Frank Puccilli, Florida Utica Task Force representative, spoke in support of an Affordable Housing Rehabilitation Loan Agreement with Associates Nine for rehabilitation of the property located at 725-733 Utica Avenue due to the blight it is causing in the area and in opposition to the proposed number of units for the size of the property and location of property not suited for residential housing units. Carol Von Asten, Carden Academy Owner and Curriculum Advisor, spoke in support of the proposed Affordable Housing Rehabilitation Loan Agreement with Associates Nine for rehabilitation of the property located at 725-733 Utica Avenue. She stated that the Carden Academy is located next door to the proposed rehabilitation property and that the school has been working with the city to clean up the area as they are concerned about their students and the community. Ms. Von Asten spoke at length regarding the high test scores of Carden Academy students. She thanked Council for approval of the Boys and Girls Club located on Delaware Street and Yorktown Avenue. Kirk Kirkland, property owner of 2217 Florida Street, spoke in support of the proposed Affordable Housing Rehabilitation Loan Agreement with Associates Nine for rehabilitation of the property located at 725-733 Utica Avenue. John Tillotson, Florida Utica Task Force representative, spoke in support of the proposed Affordable Housing Rehabilitation Loan Agreement with Associates Nine for rehabilitation of the property located at 725-733 Utica Avenue. Richard Henderson spoke regarding a community forum conducted by Jan Shomaker regarding improvement of the business climate in the city. He also spoke regarding the Orange County Transit Authority request that the city complete the widening of Pacific Coast Highway to six lanes or return the one million dollars ($1,000,000) provided by the county for the project. He read from a letter from the Orange County Transit Authority to the city. Page 5 - Council/Agency Minutes - 05/02/94 Connie Mercier, Public Relations Officer for the California School Employees Association, spoke representing the Classified Employees of the school districts in the city. She stated that the Classified Employees Week is to be observed May 15-21, 1994 to recognize secretaries, custodians, groundsmen, bus drivers, craftsmen, clerical staff, teachers' aids and food service workers. Ms. Mercier announced a dinner and raffle to honor Classified Employees to be held Thursday, May 19, 1994 at 6:00 p.m. in the Huntington Beach School District Board Room. Bill Mello, Citizen's Bureau of Investigation (CBI) representative, stated goals of the CBI group and stated that the City Clerk had copies of his prepared material for distribution to interested citizens. He stated that a task force has been formed entitled Taxpayers Against Pension Spiking (TAPS) to investigate pension spiking. Mr. Mello distributed a communication to Council dated May 2, 1994. Leon McKinney spoke in opposition to the Agenda Item relating to the proposed support of an amicus curiae brief which challenges a Federal District Court ruling declaring as unconstitutional, a City of Phoenix, Arizona ordinance protecting access to health care facilities in the city and requires persons demonstrating within one hundred feet of a health care facility to withdraw to a distance of at least eight feet away from a person who clearly communicates a request to withdraw. He spoke regarding the widening of Pacific Coast Highway and the one million dollars ($1,000,000) that the city has been asked to refund to the county. Mr. McKinney spoke in opposition to teachers unions and city employee unions. He stated that he has requested a detailed accounting by employee of the total compensation of all city employees for the past two years from the Personnel Director and he would prepare a report for Council at a later date. Barbara Kimbrough spoke in opposition to the proposed Affordable Housing Rehabilitation Loan Agreement with Associates Nine for rehabilitation of the property located at 725-733 Utica Avenue regarding possible tax credits and potential profits for the property owner and recycling of the one million dollar ($1,000,000) loan for use in future projects. She stated that concerns she addressed at a meeting of the Florida/Utica Task Force have not been addressed by the city. Chuck Barbara, Council on Aging President, spoke in support of increased funding for staffing of the Rodgers' Senior Center, as there is a personnel crisis situation at the center. Ludia Stein, Council on Aging representative, spoke in opposition to salary spiking and the city giving financial aid to private apartment owners at taxpayer's expense. She spoke regarding the increased number of seniors utilizing the center and in support of the expansion of the Rodgers' Senior Center facility and need for increased staffing. Ms. Stein invited Councilmembers to a Western Dance to be held on Friday, May 6, 1994 to raise funds for a Computer Lab to teach seniors. She requested Council support of the senior programs. Steve Olim spoke in opposition to salary spiking and requested the Council immediately stop pension spiking, refuse further payment of spiking and obtain new contract negotiators. Tom Zanic, Seacliff Partners representative, spoke in support of the proposed transfer by Seacliff Partners of 8.863 acres of property to the Huntington Beach City School District. He stated that he is available to answer questions when the issue is discussed. Page 6 - Council/Agency Minutes - 05/02/94 Jeanne Guernsey spoke in support of the Huntington Beach Housing Rehabilitation Program that helped fund needed repairs on her mobile home. She urged Council to continue with the Housing Rehabilitation Program in order to help other mobile home owners in the future. She read from a letter from Ken Miller, former City of Los Alamitos Councilmember and resident of Huntington Shorecliffs Mobile Home Park, regarding rising costs and the need to provide for planned and unplanned maintenance of mobile homes. Bernice Schnepf spoke in support of the Huntington Beach Housing Rehabilitation Program which requires that the funds be paid back to the program and can be reused for other people. She spoke in opposition to the Affordable Housing Rehabilitation Loan Agreement with Associates Nine for rehabilitation of the property located at 725-733 Utica Avenue as the loan will be forgiven in thirty years and the money will not be available to use in future affordable housing projects. Don MacAllister, Duck-A-Thon representative, spoke in support of the Second Annual Duck-A- Thon to be held Saturday, May 14, 1994 at the Municipal Pier at 11:30 a.m. as a fund raising event which benefits the Huntington Beach Community Clinic and proposed Pediatric Clinic. Bryan Bridges spoke in support of a city policy which does not fund programs that provide services for illegal aliens. Natalie Kotsch, International Surfing Museum President, presented a video program produced by volunteers in support of the proposed new International Surfing Museum building on the north side of the Municipal Pier. She distributed a communication to Council. The City Clerk stated that she believed the handout being distributed by Ms. Kotsch was made available to the public on the table at the entrance to the Council Chamber by the Community Services Director pursuant to the Brown Act. Don Strout, Mark Bertonoli, Mike Roberts, Denise De Vines, and Ann Beasley, International Surfing Museum representatives and Brian Nelson spoke in support of the proposed International Surfing Museum building on the north side of the Municipal Pier regarding placement of the issue on the ballot for a Measure C vote in November, 1994, location of museum near the pier, museum as educational tool, environmental and science related exhibits, financial feasibility of the museum, Surfing Hall of Fame and appeal to tourism. Slides were used in the presentations. Natalie Kotsch, International Surfing Museum President, requested an amendment to the proposed "Measure C" policy to provide for non-profit agencies and commented on the California Coastal Commission approval process. Chuck Beauregard, Save Our Kids representative, spoke in support of the proposed Youth Sports Facility and stated that due to mitigation problems in the Huntington Central Park area other sites need to be studied. He stated that he has formed a group entitled "Save Our Kids" and invited any interested youth group to contact him and meet with the group. Norbert Johnson spoke regarding the Huntington By the Sea Mobile Home Park and presented a list to Council of homes being moved out of the park due to high rents. He stated that some people have had their credit rating affected by the high rents and are being forced to move. Communications entitled Mobilehome Status, Huntington by the Sea dated March 17, 1994 and April 30, 1994 were distributed to the City Clerk. 166 Page 7 - Council/Agency Minutes - 05/02/94 Joyce Riddell, Chamber of Commerce President, spoke regarding the Fourth Annual Police Appreciation Day to be held on Saturday, May 14, 1994 with tours of the Police facility open to the public, as well as hot dogs and soft drinks for those who attend. Gerald Chapman, Julie Whittington, and Carrie Thomas, Country View Estates Home Owners Association representatives and Debbie Byrne, Huntington Shores Homeowners Association representative, spoke in opposition to the transfer of property by Seacliff Partners to the Huntington Beach City School District regarding the non-conformance of the Holly-Seacliff Master Plan to the Specific Plan, non-conformance of the rough grading plan to the Specific Plan or tentative tract map, violation of mitigation measures and conditions of approval in the Environmental Impact Report and Master Plan of Development, violation of California Environmental Quality Act. A request was made that the transfer of property to the school district be continued as well as the removal of the retaining walls from the Planning Commission agenda. Julie Whittington referred to page nineteen (19) of the Specific Plan. She requested that the project conform to the Specific Plan In response to Councilmember Leipzig, Julie Whittington stated that she believed approval of the Agenda Item regarding conveyance of property to the Huntington Beach City School District from Seacliff Partners meant that it would apply to the other properties. Debbie Byrne stated she had a pool in her yard and did not want some little child up and over her fence. Report Presented - Cinco de Mayo Celebration - Oakview Branch Library - Saturday. April 30, 1994 Councilmember Bauer reported on the Cinco de Mayo celebration for the Oakview Branch Library held on Saturday, April 30, 1994 Report Requested - Pension Spiking Councilmember Bauer requested a report from the Council Pension Spiking Committee. Status Report - Youth Sports Facility Meeting Councilmember Bauer reported that he attended a meeting regarding the proposed Youth Sports Facility and stated he has written a memo to staff with concerns that were expressed at the meeting. Report Requested - International Surfing Museum Councilmember Bauer commented on the presentation given by International Surfing Museum representatives and requested a staff report regarding the criteria for a building on the ocean side of Pacific Coast Highway, parking requirements and economic justification for the proposed project. 167 Page 8 - Council/Agency Minutes - 05/02/94 Business License Fee - Notify Business of Additional Fees Councilmember Silva stated that the Business License Fee is seventy-five dollars but that there are other fees charged in connection with a new business. He requested that the business representative be notified of all charges and fees prior to coming to City Hall to pay the fees. Youth Sports Facility - Report Requested Councilmember Silva stated that he attended the meeting regarding the proposed Youth Sports Facility and asked when a staff report would be presented to Council. Ron Hagan, Community Services Director, stated that a report would be prepared for the May or June study session to be held on the fourth Monday of the month. Status Report - American Trader Oil Spill Litigation Councilmember Leipzig stated that he and Gail Hutton, City Attorney, have met with Jim Ackerman the attorney representing the city in the American Trader Oil Spill litigation and that confidential memos will be distributed to Councilmembers regarding the status of this litigation. Status Report - Pacific Coast Highway Widening Project The City Administrator presented a report on the status of the Pacific Coast Highway Widening Project. He stated that a communication would be sent to the California Coast Commission asking if the 1986 condition to provide replacement of the four hundred eighty-five parking spaces on Pacific Coast Highway still stands. He stated that a staff report would be prepared by the City Engineer to identify locations where the four hundred eighty-five parking spaces can be replaced in the city and the cost of the parking spaces if Council approves widening of Pacific Coast Highway to six lanes. He stated that a communication was sent to Cal -Trans requesting their assistance in the replacement of the parking spaces. He stated that a report to Council would be prepared for a meeting in June. Rodgers' Senior Center - Staff Report to be Prepared The City Administrator stated that a staff report would be prepared regarding the budget and staffing for the Rodgers' Senior Center. Status Report - Budget Shortfall The City Administrator reported a $54,000 budget shortfall and stated that expenditures would be reduced in order to balance the budget. He stated that a budget report will be presented to Council in May or June. W Page 9 - Council/Agency Minutes - 05/02/94 Status Report - Transfer of Property by Seacliff Partners to the Huntington Beach City School District The City Administrator stated that staff would address questions presented during the public comments in the staff report and if required, he would prepare a report for a later date. (City Council) PUBLIC HEARING - OPENED AND CONTINUED FROM APRIL 4, 1994 - APPEAL BY COUNCILMEMBER BAUER OF THE PLANNING COMMISSION'S DENIAL OF COASTAL DEVELOPMENT PERMIT NO. 93-28 AND CONDITIONAL USE PERMIT NO. 94-3 - PHASE 1A OF THE BOLSA CHICA REGIONAL PARK - ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY, HARBORS, BEACHES AND PARKS DIVISION - APPROVED CONDITIONAL USE PERMIT NO. 94-3 AND COASTAL DEVELOPMENT PERMIT NO. 93-28 - ED MODIFICATIONS TO RESOLUTION NO. 6592 - STAFF DIRECTIIf`D TO DE DEED RESTRICTIONS (420.80) The Mayor announced that this was a public hearing which had been opened and continued open from April 4, 1994 to consider the following appeal: APPLICATION NUMBER: Coastal Development Permit No. 93-28 and Conditional Use Permit No. 94-3. APPLICANT: Orange County Environmental Management Agency, Harbor, Beaches and Parks Division, 300 N. Flower Street, 4th Floor, P. O. Box 4048, Santa Ana, California 92702-4048 DATE ACCEPTED: December 6, 1993 APPELLANT: Councilman Ralph Bauer, City of Huntington Beach LOCATION: 5801 Seapoint Avenue ZONE: Multiple: CC -CZ (Conservation -Coastal Zone) and ROS-O-CZ (Recreational Open Space -Oil -Coastal Zone) REQUEST: Review and approval of the general design plans for Phase 1A of the Bolsa Chica Regional Park. ENVIRONMENTAL STATUS: The project is covered by Final Environmental Impact Report No. 521 (FEIR No. 521) for the Bolsa Chica Regional Park, prepared by the County of Orange, recommended for certification by the Huntington Beach City Council on October 19, 1992 and Certified by the Board of Supervisors in November, 1992. 169 Page 10 - Council/Agency Minutes - 05/02/94 COASTAL STATUS: This project is in the appealable portion of the coastal zone. Under the provisions of the Huntington Beach Ordinance Code, the action taken by the City Council is final. However, approval of the Coastal Development Permit is appealable to the Coastal Commission pursuant to Public Resources Code, Section 30603. A denial of the Coastal Development Permit may be appealed (Section 13319, Title 14, California Administrative Code) only if the City has approved a development on the basis of local land use regulations but has denied the issuance of a coastal development permit because it cannot make the findings required by Section 13311, Title 14 of the California Administrative Code. Pursuant to Public Resources Code, Section 30603, an appeal by an aggrieved person must be filed in writing within ten (10) working days, and addressed to: California Coastal Commission, 245 W. Broadway, Suite 380, P.O. Box 1450, Long Beach, California 90810-1450 - (310) 590-5071. There is no appeal fee. The appeal period begins when the Commission receives a notice of the City Council action and continues for ten (10) working days. Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Commission's review period, and as to whether or not an appeal has been filed. Applicants are advised not to begin construction prior to that date. The City Clerk presented Resolution No. 6592 for Council adoption - "A RESOLUTION OF THE CI"1 `r- COUNCIL OF THE CITY OF HUNTINGTON BEACH REAFFIRMING SUPPORT FOR THE BOLSA CHICA REGIONAL PARK AND APPROVING WITH CONDITIONS THE GENERAL DEVELOPMENT PLANS FOR PHASE 1A OF THE BOLSA CHICA REGIONAL PARK (COASTAL DEVELOPMENT PERMIT NO. 93-28 AND CONDITIONAL USE PERMIT NO. 94-3)." The Community Development Director presented a staff report regarding the concerns of the Council Committee formed to review this project regarding fill of the drainage ravine, mix of native versus non-native plant materials, and location of Phase 1A parking. Bob Fisher, Director of Orange County Harbors, Beaches and Parks Department, spoke in support of the Bolsa Chica Regional Park. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. A communication from Amigos de Bolsa Chica dated March 30, 1994 in support of the appeal was distributed to Council. The Mayor declared the public hearing open. The City Clerk announced communications received and distributed to Council from Chuck Nelson, Amigos de Bolsa Chica President, dated April 29, 1994 in support of the Linear Park and Robert Winchell, President of the Huntington Beach Tomorrow Board of Directors, dated April 30, 1994 in support of the Linear Park. Marcia Hanscom, Seacliff resident, spoke in opposition to the destruction of the fresh water wetland ravine. She stated that run-off from the golf course could prove deadly to the wildlife. She urged Council to deny the permit and preserve the entire seventeen hundred acres of the Bolsa Chica as a biodiversity and wildlife park. Barbara Lichman, attorney representing the Seacliff Estates Coalition, spoke in support of ®Resolution No. 6594, the current parking plan, and deed restrictions on the property to insure the park will remain as approved. Page 11 - Council/Agency Minutes - 05/02/94 Robert Williams, Bruce Monroe, and Rudy Vietmeier, Sierra Club - Preserve Bolsa Chica Task Force representatives, spoke in support of preserving the Bolsa Chica as open space and a wilderness park with native animals and vegetation, a buffer zone between the Bolsa Chica wetland. to protect wildlife habitat, and in opposition to fragmentation of the wetlands and destruction of natural habitat. Phil Smith spoke in support of the Linear Park as a self sustaining habitat for native birds and urged Council to approve the project. Dr. Buck Marrs, Seacliff Estates Coalition representative, spoke in support of the Council Committee meeting with homeowners, keeping the park passive, and elimination of proposed parking lot. He distributed a communication to Council. Eileen Murphy spoke in support of the proposed wilderness park. She spoke in opposition to turf grass, the proposed parking lot and the filling of the ravine and in support of a foot bridge. Al De Lorm, Seacliff on the Greens representative, spoke in support of Resolution No. 6592 regarding the Linear Park. He thanked Councilmembers Moulton -Patterson, Bauer and Leipzig for taking the time to meet with the residents and listen to the needs and wants of the community. Flossie Horgan, and Jan Vandersloot, M. D., Bolsa Chica Land Trust representatives, spoke in support of treating the Linear Park and Bolsa Chica is one ecosystem, a bridge over ravine could be more economical than grading and filling, deletion of turf grass from the plan, a wooden rail around bluff for safety purposes, deed restrictions to keep plan for park the same, need for a new Environmental Impact Report, Measure "C" Charter Amendment jurisdiction possibility, and in opposition to the extension of the pipe and filling of ravine. Mr. Vandersloot distributed photographs of the park to Council. Tom Livengood and Chuck Nelson, Amigos de Bolsa Chica representatives, spoke in support of Resolution No. 6592, an environmental evaluation of the ravine prior to filling, maintain as a natural park, minimum of land contours, limit negative impact on surrounding residents, and that the county will be operating and maintaining the park. Barbara Marrs, Seacliff resident, thanked Bob Anderson for meeting with the Council Committee and citizens. She spoke in support of preservation of the area as part of the Bolsa Chica, leaving a legacy to future generations, protecting the unique ecosystem, placing deed restrictions on the property upon transfer to the county in order that not one part of the park will be covered with asphalt. Vern Hall spoke in opposition to the intrusion into a delicate ecosystem and urged Council not to allow that to happen. Juana Mueller spoke in opposition to the use of turf grass in the park and the proposed parking lot and in support of the preservation of the arroyo and archaeological site. Terry Dolton, Citizen Advisory Committee, spoke in support of the proposed park plan, acquiring more land to expand the park, public input into the development of the park and urged Council to approve Phase 1A of the Bolsa Chica Regional Park. 171 Page 12 - Council/Agency Minutes - 05/02/94 Joyce Riddell, Chamber of Commerce representative, spoke in support of Phase 1A of the Bolsa Chica Regional Park and urged Council adoption of Resolution No. 6592. She stated a communication to had been distributed Council. Don Guillaume, Seacliff on the Greens representative, spoke in support of development of the park, parking on Seapoint Avenue for special events, raising the headwall on the drain pipe and covering that end for safety purposes. He spoke in opposition to the use of turf grass. 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. Discussion was held by Council and staff regarding parking on Seapoint Avenue, native vegetation to replace turf grass, extensive citizen input on design of the park, proposed compromise plan, biodiversity park, elimination of parking lot, limited funding, preserve ravine, minimize grading and the Council action on this park sends the message to state and federal agencies of the kind of park the citizens will support. Councilmember Winchell requested additional wording be added to Resolution No. 6592, Page four, Section A, Number seven, relating to security lighting to be installed in the proposed park as follows: "Every attempt shall be made to mitigate any negative impact on adjacent landowners." Councilmember Winchell requested an amendment to Resolution No. 6592 to state the intent to preserve the natural topography and do a minimal of grading. Bob Fisher, Director of Orange County Harbors, Beaches and Parks Department suggested the addition of a new Condition No. One to Resolution No. 6592, Page 3, Section A, Number two to state as follows: "The development of the park shall minimize grading and land form alteration." Councilmember Winchell requested clarification of wording of Resolution No. 6592, Page three, Section A, Number one, in order to preserve the ravine. Councilmember Winchell requested additional wording be added to Resolution No. 6592, Page three, Section A, Number two, as follows: "Obtain approval of the City Council after review by the Director of Community Development." Councilmember Sullivan requested additional wording be added to Resolution No. 6592, Page six, Section B, Number eight as follows:. "Some filling of the drainage is necessary to provide adequate trail separation but not beyond the end of the existing drain pipe. No grading of the ravine beyond this end of the existing drain pipe should take place." Councilmember Sullivan requested additional wording be added to Resolution No. 6592 as follows: "Any deviation from the jointly agreed plan will result in the park reverting back to the City of Huntington Beach." Bob Fisher, Director of Orange County Harbors, Beaches and Parks Department, spoke in opposition to a bridge over the ravine. He stated that his staff will look at ways in which to reduce the amount of fill in the ravine and address concerns of safety, trail separation and architectural resources. He stated he would work with staff on the proposed deed restriction. 172 Page 13 - Council/Agency Minutes - 05/02/94 Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 A motion was made by Leipzig, seconded by Bauer, to approve Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 with the modifications that have been proposed by Councilmember Winchell to Resolution No. 6592 to create a new Condition No. One regarding grading and land form alteration, a modification to the current Condition No. One, which would become Condition No. 2, in regards to the City Council having review of the plans prior to the commencement of the grading in or near the ravine and regarding security lighting that every attempt shall be made to mitigate any negative impact on adjacent landowners. Amendment to Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 - No Grading of Ravine Beyond End of Existing Drain Pipe - Motion Died for Lack of a Second An amendment to the motion to approve Conditional Use Permit No. 94-3, Coastal Development Permit No. 93-28, and modifications to Resolution No. 6592 was made by Sullivan to amend Resolution No. 6592, Page six, Section B, Number eight as follows: "Some filling of the drainage is necessary to provide adequate trail separation but not beyond the end of the existing drain pipe. No grading of the ravine beyond this end of the existing drain pipe should take place." The motion DIED for lack of a second. Amendment to Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 - Filling of Ravine - Motion Died for Lack of Second An amendment to the motion was made by Leipzig to amend Resolution No. 6592, Page six, Section B, Number eight as follows: "If some filling of the drainage ravine is necessary to eliminate potential safety hazards to park users and to provide adequate trail separation then the ravine will be filled and modified to the minimum extent necessary and will be fully mitigated by the creation of the enhancement area." The motion DIED for lack of a second. Request Amendment of Conditions Only The Community Development Director requested that the amendments be made to the conditions of approval and not to the findings. 173 Page 14 - Council/Agency Minutes - 05/02/94 Amendment to Motion to Approve Conditional Use Permit No. 94-3 Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 - Filling of Ravine - Motion Died for Lack of Second An amendment to the motion was made by Leipzig to amend Resolution No. 6592, Page six, Section B, Number eight as follows: "Some filling of the drainage ravine may be necessary to eliminate potential safety hazards to park users and to provide adequate trail separation, and the filling and modification of the ravine will be adequately mitigate by the creation of an approximately .5 acre wetland enhancement area at the mouth of the ravine." The motion DIED for lack of a second. Amendment to Motion to Approve Conditional Use Permit No. 94-3 Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 - Filling of Ravine An amendment to the motion to approve Conditional Use Permit No. 94-3, Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 was made by Leipzig, accepted by Bauer, to amend Resolution No. 6592, Page three, Section A, Number two as follows: "Prior to the commencement of any grading in or near the ravine, the County shall submit and obtain approval from the City's Director of Community Development and the State Department of Fish and Game a plan showing an extension of existing drainage structure to the minimum extent necessary but in no event further than 190 lineal feet from the existing location, with a lesser extension if feasible to provide adequately for trail continuity and safety for park users, together with detailed plans for drainage, new and relocated willow plantings and other vegetation to create an expanded and enhanced riparian/wetland habitat area within the modified ravine." Amendment to Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 - Amendment to Findings An amendment to the motion to approve Conditional Use Permit No. 94-3, Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 was made by Leipzig, accepted by Bauer, to amend Resolution No. 6592, Page six, Section B, Number eight as follows: "Some filling of the drainage ravine may be necessary..." Amended Motion to Approve Conditional Use Permit No. 94-3, Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 - Approved The original motion made by Leipzig, seconded by Bauer, to approve Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 with the modifications that have been proposed by Councilmember Winchell to Resolution No. 6592 to create a new Condition No. One regarding grading and land form alteration, a modification to the current Condition No. One, which would become Condition No. 2, in regards to the City Council having review of the plans prior to the commencement of the grading in or near the ravine and regarding security lighting that every attempt shall be made to mitigate any negative impact on adjacent landowners and amendments to Resolution No. 6592, Page three, Section A, Number two "structure to the minimum extent necessary but in no event further than 190 lineal feet" and Page six, Section B, 174 Number eight "Some filling of the drainage ravine may be necessary..." Page 15 - Council/Agency Minutes - 05/02/94 Conditions of Approval for Coastal Development Permit No 93-28 and Conditional Use Permit No. 94-3 A. 1. The development of the park shall minimize grading and land form alteration. 2. Prior to the commencement of any grading in or near the ravine, the County shall submit and obtain approval of the City Council after review by the City's Director of Community Development and the State Department of Fish and Game of a plan showing an extension of existing drainage structure to the minimum extent necessary but in no event further than 190 lineal feet from the existing location, with a lesser extension if feasible to provide adequately for trial continuity and safety for park users, together with detailed plans for drainage, new and relocated willow plantings and other vegetation to create an expanded and enhanced riparian/wetland habitat area with the modified ravine. 3. Prior to the initiation of grading activities, the County shall contact the Department of Fish and Game to ensure that activities will avoid disturbances during the nesting period of any affected bird species. 4. The plant material indicated in the permit applications shall be modified to provide for native vegetation for enhanced wildlife habitat purposes to replace the proposed turf grass and other non-native vegetation in Phase 1A. 5. The County shall amend the proposed plant palette for Phase 1A, received and dated December 6, 1993, to replace any native problem plant species identified in the Park, Tree and Landscape memo dated December 30, 1993 with more appropriate native plant materials also identified therein. 6. A parking lot as proposed in the permit applications to be located within the Phase 1A area shall be deleted in favor of a parking lot located in conjunction with the proposed interpretive center, adjacent easterly of the Phase 1A boundaries, and it shall be designed and constructed as a Phase 1 BC project as soon as practicable, but no later than January 1, 1996. 7. Only such security lighting as is determined necessary for public safety purposes by City's Chief of Police shall be installed in the proposed park and every attempt shall be made to mitigate any negative impact on adjacent landowners. 8. Reclaimed water shall be used for irrigation when available from a pipe extended seaward from Graveled Avenue by the City. 9. County shall consider and, if determined feasible, implement a volunteer assisted planting program. 10. The applicant shall comply with all applicable mitigation measures identified in Final Environmental Impact Report No. 521 for the Bolsa Chica Regional Park. 11. Any expansion or alteration of the Phase 1A development area or development components, other than addressed in this application, shall be subject to approval of a new Conditional Use Permit by the Planning Commission. 175, Page 16 - Council/Agency Minutes - 05/02/94 12. Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 shall not become effective for any purpose until the Coastal Commission appeal period has closed and an "Acceptance of Conditions" form has been signed by the applicant, notarized and returned to the Planning Division. 13. Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 shall become null and void unless exercised within one (1) year of the close of the Coastal Commission appeal period, or such extension of time as may be granted by the Planning Commission, pursuant to a written request submitted (with the appropriate processing fee in effect at the time) to the Planning Department a minimum thirty days prior to the expiration date. Findings for Approval for Coastal Development Permit No. 93-28 and Conditional Use Permit No. 94-3 B. 1. The proposed design for Phase 1A as revised conforms with the wildlife habitat protection, public access and public recreation policies of the California Coastal Act. 2. The proposed design for Phase 1A as revised is consistent with the plan's policies, requirements and standards of the City's Local Coastal Program. 3. The proposed design for Phase 1A as revised is consistent with the CZ suffix designation and the base zoning district and other applicable provisions of the Huntington Beach Zoning Code. 4. The proposed design for Phase 1A as revised properly integrates the proposed park uses in a manner sensitive to the surrounding residential properties. 5. The proposed design for Phase 1A as revised included temporary on -street parking to serve Phase 1A visitors until permanent parking space on -site can be constructed as Phase 1 BC of the Park. 6. The combination and relationship of proposed uses to each other in the Plan as revised are properly integrated. 7. The pedestrian and bicycle trail system will provide additional access opportunities in the Bolsa Chica area, while perimeter fencing will discourage human access into environmentally sensitive area and minimize disturbances to wildlife. 8. Some filling of the drainage ravine may be necessary to eliminate potential safety hazards to park users and to provide adequate trail separation, and the filling and modification of the ravine will be adequately mitigated by the creation of an approximately .5 acre wetland enhancement area at the mouth of the ravine. 9. The vista overlook will provide additional visual access opportunities to the Bolsa Chica lowlands, while minimizing potential intrusions to wildlife habitat. 176 Page 17 - Council/Agency Minutes - 05/02/94 10.. The location, site layout and design of Phase 1A as revised properly adapts the proposed use to existing streets, driveways and other adjacent structures and uses in a harmonious manner by maintaining existing circulation patterns and preserving view opportunities for residents on the opposite side of Seapoint Avenue. 11. The proposed design for Phase 1A as revised does not include any habitable structure and will not require any infrastructure improvement to serve development and operation of this phase of park development. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig NOES: Silva, Robitaille, Sullivan ABSENT: None Motions begin on page thirteen (13). Bob Fisher, Director of Orange County Harbors, Beaches and Parks Department, stated that some of park is beyond the boundaries of the city and the Board of Supervisors will have to approve a formal amendment to the plan for the entire park. He stated that he is commited and that it is their objective and intention to take the plan back to the Board of Supervisors to amend the plan to remove the turf grass and replace with native vegetation unless during the processing through the county and the city there is some desire somewhere in the park for something else. Deed Restrictions - Motion Died for Lack of Second A motion was made by Leipzig to direct staff to develop deed restrictions for the parcels to be dedicated to the county from the city in this Linear Park to incorporate the use of native vegetation exclusively in the landscaping. The motion DIED for lack of second. Staff Directed to Prepare Deed Restrictions A motion was made by Leipzig, seconded by Winchell, to direct staff to develop deed restrictions for the parcels that the city will be dedicating to the county for Linear Park. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None (City Council) PUBLIC HEARING - APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 93-16 - COASTAL DEVELOPMENT PERMIT NO. 93-9A AND DENIAL OF CONDITIONAL EXCEPTION NO. 93-21 - PROPOSED RESTAURANT AT 119 MAIN STREET - APPEAL DENIED (420.40) The Mayor announced that this was that this was the day and hour set for a public hearing to consider the following: Z 7'7 Page 18 - Council/Agency Minutes - 05/02/94 APPLICATION NUMBER: Appeal of Planning Commission's Approval of Conditional use Permit No. 93-16, Coastal Development Permit No. 93-9A and Denial of Conditional Exception No. 93- 21. APPLICANT/APPELLANT: Frank Alfonso, 6630 Vickiview Drive, West Hills, CA 91307 LOCATION: 119 Main Street (northwest side, inland of Pacific Coast Highway) ZONE: Downtown Specific Plan, District 3 (Visitor -Serving Commercial) REQUEST: To establish a 3,500 square foot restaurant with sales and live entertainment in an existing vacant building and a variance for an 18 parking space reduction ) Proposed are 17 spaces in lieu of the 35 required pursuant to Section 9602.2 of the Huntington Beach Ordinance Code). ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: The proposed project is located within a non -appealable portion of the Coastal Zone. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The Community Development Director presented a staff report The Mayor declared the public hearing open. The City Clerk announced a communication received and distributed to Council from Diane Easterling, Co -Chair of the Downtown Residents' Association dated May 2, 1994 in support of the Planning Commission and staff recommended action and stated that copies are available for the public pursuant to the Brown Act. Frank Alfonso, property owner, spoke in support of the proposed project and requested permission to operate his business before the parking issue is resolved. There being no one present to speak further on the matter and there being no further protests filed either oral or written, the hearing was.closed by the Mayor. Following discussion by Council and staff a motion was made by Leipzig, seconded by Winchell, to uphold the Planning Commission's approval of Conditional Use Permit No. 93-16 and Coastal Development Permit No. 93-9A with findings and conditions of approval as set forth in Attachment No. Two to the Request for Council Action dated May 2, 1994 and uphold the Planning Commission's denial of Conditional Exception No. 93-21 with findings as set forth in Attachment No. Two to the Request for Council Action dated May 2, 1994. Page 19 - Council/Agency Minutes - 05/02/94 Findings for Approval - Conditional Use Permit No. 93-16 1. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment will be located in a structure that is properly adapted to streets, driveways and adjacent structures in a harmonious manner. 2. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment is consistent with the uses permitted in Downtown Specific Plan, District 3 which allows these visitor serving uses subject to conditional use permit approval. 3. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment will be compatible with residential uses within 300 feet because: a. The restaurant will be subject to both Orange County Health Department and State Alcoholic Beverage Control Board regulations. b. Residential uses are buffered from the restaurant by existing commercial uses. c. Live entertainment activity will be contained within the building. 4. Sufficient parking spaces exist in the vicinity to service the restaurant and in -lieu parking fees will be collected to off -set any realized parking deficiency. 5. The visitor -serving commercial use is consistent with the General Plan, in particular the coastal and Land Use Elements. 6. The establishment and maintenance of the 2,400 square foot restaurant with beer and wine sales and live entertainment will not be detrimental to the general welfare of persons residing or working in the vicinity, nor be detrimental to the value of properties and improvements in the Downtown area. The use will provide additional dining and entertainment opportunities for residents, visitors and persons working in the vicinity. Findings for Approval - Coastal Development Permit No. 93-91 1. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales and live entertainment conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. The Coastal element encourages additional restaurants and other support facilities for visitors to the coastal Zone. 2. Coastal development Permit No. 93-94 with the following conditions of approval is consistent with the Downtown Specific Plan as well as other provisions of the Huntington Beach Ordinance code applicable to the property. 179 Page 20 - Council/Agency Minutes - 05/02/94 3. At the time of occupancy, the proposed 2,400 square foot restaurant without use of he mezzanine area and with beer and wine sales and live entertainment can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal element and Coastal Land Use Plan of the General Plan. 4. The proposed 2,400 square foot restaurant without use of the mezzanine area and with beer and wine sales conforms with the public access and public recreation policies of Chapter 3 of the California coastal Act. Conditions of Approval - Conditional Use Permit No. 93-16 And Coastal Development Permit No. 93-9A 1. The site plan received December 17, 1993, and the floor plan and elevations received and dated October 15, 1993, shall be the conditionally approved layout with the following modifications: a. Reduce the restaurant area to 2,400 square feet located only on the first floor. The second floor mezzanine shall not be used. b. The site plan shall be revised to show a new trash enclosure. 2. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control (ABC) Board license, along with any special conditions imposed by ABC, shall be submitted to the Department of Community Development. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 3. Prior to commencing live entertainment activities, a copy of an approved entertainment permit as issued by the Business License Department shall be submitted to the Department of community development. 4. Prior to issuance of building permits, the applicant/property owner shall complete the following: a. Four (4) feet of dedication along Main Street shall be irrevocable offered for street and public utility purposes. b. Payment of all applicable Public'Works fees. c. Submit evidence of a City/Redevelopment Agency Agreement, or similar instrument, assuring in -lieu fee participation for 12 parking spaces that is approved as to form and content by the City Attorney's Office, Community development Department and economic Development Department, and recorded on the property. The fee per space as established by the city Council shall be paid by the property owner or tenant on an annual basis for up to 15 years. ISO Page 21 - Council/Agency Minutes - 05/02/94 5. Fire Department requirements are as follows: a. Automatic fire sprinklers will be required throughout the entire occupancy if any portion of the second floor will be used for drinking and or dining per Uniform Fire Code Section 17.56.0559(c). b. Provide an automatic fire protection system for any commercial type food heating - processing equipment. c. Exits, aisle ways, corridors, signs shall comply with the Uniform Building code chapter 33. d. Fire extinguishers will be required per Huntington Beach Fire- Code standards. e. Address numerals shall be displayed at the front entry in a visually accessible location per Huntington Beach Fire Department Standard No. 428. 6. This conditional use permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant and property owner, notarized and returned to the Planning Division and until the ten (100 day appeal period has elapsed. 7. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or Huntington Beach Ordinance code occurs. Code Requirements 1. The proposed use shall comply with all applicable provisions of the municipal, Ordinance, Fire and Building Codes. 2. Live entertainment shall comply with the Noise Ordinance, Chapter 8.40 of the Huntington Beach Municipal Code. 3. A trash enclosure shall comply with Section 9730.60 of the Huntington beach Ordinance code. 4. Prior to issuance of a Certificate of Occupancy, all required traffic impact fees shall be paid. 5. Any signs for the restaurant proposed on, or visible from, the exterior of the building shall be submitted for review and approval of the Design Review Board prior to approval of sign permit. 6. This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Division a minimum 30 days prior to expiration. 181 182 Page 22 - Council/Agency Minutes - 05/02/94 Findings for Denial - Conditional Exception (Variance) No. 93-21 1. Since the property may be utilized as retail commercial with no increase in the parking requirement, such a conditional exception (variance) for deviation in parking requirement is not necessary for the preservation and enjoyment of substantial property rights. 2. Granting of Conditional Exception (Variance) No. 93-21 for deviation in parking requirements would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The Downtown specific Plan allows the payment of in -lieu parking fees to be used to satisfy the parking requirement. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) PUBLIC HEARING - TWENTIETH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBMISSION - APPROVED (640.10) The Mayor announced that this was the day and hour set for a public hearing to consider comments from the public on the contents of the city's Twentieth Year Submission to the Department of Housing and Urban Development (HUD) for receipt of $1,636,000 in Community Development Block Grant (CDBG) Funds. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Economic Development Director presented a staff report using slides regarding HUD national objectives, allowed uses of CDBG funds, program income and recommendations for 1994/95 CDBG Program Budget. She announced that Sharon Sterling, Citizens' Advisory Board Vice - Chairperson and Cheryl Villasenor, Human Resources Board Secretary, will present staff reports for their committees. Sharon Sterling, Citizens' Advisory Board Vice -Chairperson, spoke in support of the Citizens' Advisory Board recommendations for the 1994/95 Community Development Block Grant Program Budget. She thanked the members of the Board for their hard work including Richard Armendariz, Judith Lewis, Stan Cohen, Charleen Nerio-Meisenheimer, Carol Kanode, Frank Puccilli, Jeff LaBow, Ellen Thatcher and Phil Zisakis. Cheryl Villasenor, Human Resources Board Secretary, reviewed the selection process and summarized recommendations for the 1994/95 Community Development Block Grant Budget. Councilmember Silva questioned whether discussion was held by the Citizens' Advisory Board and the Human Resources Board regarding the funding of agencies that render services to illegal aliens under the CDBG Program. Ms. Villasenor responded that the Human Resources Board followed HUD guidelines for funding criteria in their advisory capacity. Page 23 - Council/Agency Minutes - 05/02/94 The Mayor declared the public hearing open. Tony Lucia, Human Resources Board representative, read from a letter from Lisa Moreno, Housing Finance Specialist, dated March 7, 1994 regarding the question of funding agencies that render services to illegal aliens under the CDBG Program. Mr. Lucia also read from a letter from Mayor Moulton -Patterson dated March 25, 1994 regarding the illegal alien issue. He stated he did not get an adequate answer to his question about the funding of agencies that render services to illegal aliens under the program. Jim Miller, Shelter for the Homeless representative, spoke in support of the local program for the homeless funded by private donations. He stated that there are people living along the 405 Freeway in Huntington Beach and requested reconsideration of the Community Development Block Grant Funds or emergency funding to handle the immediate crisis. Councilmember Silva asked if the program provided services for illegal aliens. Ben Davis, Shelter for the Homeless representative, spoke regarding an award given to him by the city several years ago for recruiting churches for homeless shelters. He stated that there is a need for transitional housing and permanent housing for the homeless people in the city. He read from a list of churches involved in providing emergency housing for the homeless. 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. Discussion was held by Council and staff regarding the issue of providing services to illegal aliens. A motion was made by Winchell, seconded by Leipzig, to approve the Twentieth Year Community Development Block Grant Submission, Attachment No. Two to the Request for Council Action dated May 2, 1994, for $1,636,000, authorize its submission to the U. S. Department of Housing and Urban Development and authorize the City Administrator to execute the required Certifications and approve and authorize the expenditure of funds as shown in the Proposed CDBG Budget, Attachment No. Three to the Request for Council Action dated May 2, 1994, approve the Public Service Agencies for CDBG funding as recommended by the Human Resources Board, Attachment No. Four to the Request for Council Action dated May 2, 1994, approve the sample public services contracts, waive the insurance requirements of Resolution No. 6277, and authorize the execution of agreements between individual public service agencies and the city for the Twentieth Year Community Development Block Grant, Attachment No. Five to the Request for Council Action dated May 2, 1994, as follows: Huntington Beach Community Clinic $ 35,000 Girls and Boys Club of FV/HB $ 14,000 Feedback Foundation $ 5,200 Legal Aid Society $ 40,000 Hotline of Southern California $ 5,000 O. C. Transportation Authority $ 12,900 Episcopal Service Alliance $ 15,000 Huntington Youth Shelter $ 5,000 Interval House $ 25,000 Huntington Valley Adult Day Care $ 15,000 Dayle McIntosh Center for the Disabled $ 5,000 183 Page 24 - Council/Agency Minutes - 05/02/94 O. C. Council on Aging Someone Cares Soup Kitchen California Elwyn Salvation Army Orange Coast Interfaith Shelter Boys and Girls Club of Huntington Valley Community Service Program TOTAL Orange County Fair Housing Council The motion carried by the following roll all vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silver, Robitaille ABSENT: None $ 5,000 $ 5,000 $ 6,500 $ 15,000 $ 12,000 $ 9,000 $ 15,800 $245,400 $ 34,000 Staff Directed to Prepare Report Regarding Assistance to Illegal Aliens - Community Development Block Grant Funds A motion was made by Winchell, seconded by Sullivan, to direct staff to return with a report on how the city can address what the city's policy is going to be regarding the issue of assisting illegal aliens so that an action will be on the books to enable a letter to be sent to all the agencies that the city is working with indicating to them what the city's policy is going to be so they have the next year to implement their action plan that would either address the new city criteria, if the city establishes it, and give the agencies that opportunity; staff to return within two months; Council liaisons to work with staff to develop the report. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silver, Robitaille ABSENT: None sty Council) CLOSED PUBLIC HEARING - DECISION CONTINUED FROM APRIL 18, 1994 - CODE AMENDMENT NO. 93-5 A - ENVIRONMENTAL ASSESSMENT NO. 93-20 - STANDARDS FOR OUTDOOR DINING - INTRODUCTION OF ORDINANCE NO. 3232 - DECISION CONTINUED TO MAY 4, 1994 (640.10) . The Mayor announced that this was the day and hour set for a public hearing continued closed from April 18, 1994 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 184 ZONE: City wide Page 25 - Council/Agency Minutes - 05/02/94 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 The City Clerk announced a communication received and distributed to Council from Robert Winchell, President for the Board of Directors and members of Huntington Beach Tomorrow, dated April 30, 1994. A motion was made by Winchell, seconded by Moulton -Patterson, to continue Code Amendment No. 93-5A, Environmental Assessment No. 93-20, Standards for Outdoor Dining and introduction of Ordinance No. 3232 to Wednesday, May 4, 1994 at 6:30 p.m. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: Silva (out of room) Motion to Continue Meeting to Wednesday, May 4, 1994 at 6:30 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 Sullivan, seconded by Leipzig, to continue the balance of the agenda to Wednesday, May 4, 1994. Amendment to Motion - Take Action on Affordable Housing Rehabilitation Loan Agreement with Associates Nine - Approved A motion was made by Bauer, seconded by Moulton -Patterson, to amend the motion to take action on the Affordable Housing Rehabilitation Loan Agreement with Associates Nine. The amendment carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: Robitaille, Leipzig ABSENT: None 18 5� Page 26 - Council/Agency Minutes - 05/02/94 Motion to Continue Meeting to Wednesday, May 4, 1994 at 6:30 p.m. The original motion made by Sullivan, seconded by Leipzig, to continue the balance of the agenda to Wednesday, May 4, 1994 carried by the following roll call vote: AYES: Silva, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Bauer, Robitaille ABSENT: None (Redevelopment Agency/City Council) AFFORDABLE HOUSING REHABILITATION LOAN AGREEMENT - ASSOCIATES NINE - 725-733 UTICA AVENUE - COUNCIL RESOLUTION NO. 6590 AND AGENCY RESOLUTION NO. 257 - ADOPTED AS AMENDED (600.30) The City Clerk presented Council Resolution No. 6590 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ASSOCIATES NINE." and Agency Resolution No. 257 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING AN AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ASSOCIATES NINE." The Special Projects Director presented a staff report. Greg Brown, Special Projects Development Specialist, presented a staff report and responded to Council questions regarding the project. A motion was made by Bauer, seconded by Leipzig, to adopt Agency Resolution No. 257 approving a Loan Agreement between the Redevelopment Agency of the city and Associates Nine, a California general partnership, calling for the expenditure of no more than $546,000 in housing set aside funds in exchange for thirty-six units of affordable housing for households earning below 60% of the Orange County median income, for a period of thirty years and to adopt Council Resolution No. 6590 approving a loan agreement between the City of Huntington Beach and Associates Nine, a California general partnership, calling for the expenditure of no more than $546,000 in housing set aside funds in exchange for thirty-six units of affordable housing for households earning below 60% of the Orange County Median income, for a period of thirty years. Amendment to Motion to Include Language Regarding Tax Savings An amendment to the motion was made by Sullivan, accepted by Bauer, to amend the Loan Agreement to include the following language: "If the Developer receives Low Income Housing Tax Credits for the project and those credits are applied to reduce the income tax liability of the Developer, no less than fifty (50%) of the tax savings must be returned to the Agency to reduce the outstanding Agency loan balance on the Project." 186 Page 27 - Council/Agency Minutes - 05/02/94 The amended motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig NOES: Sullivan ABSENT: None (City Council/Redevelopment Agency) MINUTES - CONTINUED TO MAY 4, 1994 (City Council) AMICUS CURIAE BRIEF - SABELKO VS. CITY OF PHOENIX ET AL - DEMONSTRATING AT HEALTH CARE FACILITIES - CONTINUED TO MAY 4, 1994 (630.50) (City Council) AMICUS CURIAE BRIEF - DEVITA VS. COUNTY OF NAPA - LOCAL LAND USE PLANNING - LOCAL OR STATEWIDE CONCERN - CONTINUED TO MAY 4, 1994 (630.50) (Redevelopment Agency/City Council) ACQUISITION OF PROPERTY - WIMPI'S HAMBURGERS - 504 AND 506 PACIFIC COAST HIGHWAY - AP NO. 024-152-11 AND 12 - SARRABEREfWOOD/GOODMAN - MAIN -PIER REDEVELOPMENT PROJECT AREA - CONTINUED TO MAY 4, 1994 (650.20) (City Council) GOTHARD STREET SIDEWALK AND CENTRAL PARK HANDICAPPED CURB RAMPS PROJECT - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-909 - CONTINUED TO MAY 4, 1994 (600.70) (City Council) FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT - AMBERLEAF PARK RENOVATION - TEHACHAPI LANDSCAPE COMPANY - CC-899 - CONTINUED TO MAY 4, 1994 (600.65) (City Council) AGREEMENT - AMBULANCE BILLING AND COLLECTION SERVICES FOR FIRE MED PROGRAM - WITTMAN ENTERPRISES - REDUCTION IN PROFESSIONAL LIABILITY INSURANCE POLICY LIMIT - CONTINUED TO MAY 4, 1994 (600.10) (City Council) CONTRACT FOR ANNUAL AUDIT FOR 1993/94, 1994/95 AND 1995/96 - KPMG PEAT MARWICK - CONTINUED TO MAY 4, 1994 (600.10) (City Council) CONTINUED FROM APRIL 18, 1994 - REDUCTION OF IMPROVEMENT SECURITY - TRACT NO. 13625 - EAST SIDE GOLDENWEST STREET BETWEEN WALNUT STREET AND PALM AVENUE - OCEAN POINT PARTNERS - CONTINUED TO MAY 4, 1994 (420.60) 187 Page 28 - Council/Agency Minutes 05/02/94 (City Council) CONTINUED FROM APRIL 18, 1994 - REDUCTION OF IMPROVEMENT SECURITY - TRACT NO. 13527 - EAST OF SEAPOINT AVENUE - SOUTH OF GARFIELD STREET - URBAN WEST COMMUNITIES - CONTINUED TO MAY 4, 1994 (420.60) (City Council) CONTINUED FROM APRIL 18, 1994 - REDUCTION OF IMPROVEMENT SECURITY - TRACT NO. 14277 - EAST OF SEAPOINT AVENUE - SOUTH OF GARFIELD STREET - PENINSULA I PARTNERS - CONTINUED TO MAY 4, 1994 (420.60) (City Council) REQUEST FOR APPROPRIATION - HIGH SPEED COPIER - CONTINUED TO MAY 4, 1994 (320.45) (City Council) EARLIER CURFEWS IN THE RECREATIONAL ZONE PARKING LOT AND METERS - RESOLUTION NO. 6591 - BLUFF TOP PARKING LOTS ALONG PACIFIC COAST HIGHWAY - CONTINUED TO MAY 4, 1994 (560.35) (City Council) PROGRAM FOR PUBLICIZING ULTRA -LOW -FLUSH TOILET RETROFIT PROGRAM - CONTINUED TO MAY 4, 1994 (1000.90) (City Council) REQUEST TO REPLACE DAMAGED VEHICLE - CONTINUED TO MAY 4, 1994 (320.45) (City Council) CONVEYANCE OF 8.863 ACRES OF PROPERTY TO THE HUNTINGTON BEACH CITY SCHOOL DISTRICT FROM SEACLIFF PARTNERS - CONTINUED TO MAY 4, 1994 (600.10) (City Council/Redevelopment Agency) WAHOO's RESTAURANT - ACCEPTANCE OF DEED OF TRUST AND PROMISSORY NOTE FOR IN -LIEU PARKING FEE - 120 MAIN STREET - MAIN PIER REDEVELOPMENT PROJECT AREA - CONTINUED TO MAY 4, 1994 (340.20) (City Council) SOLID WASTE PROCESSING FACILITY SUPPLEMENTAL AGREEMENT - RAINBOW DISPOSAL AND RAINBOW TRANSFER AND RECYCLING - CONTINUED TO MAY 4, 1994 (600.45) (City Council) POLICY RE: PROCEDURES FOR PUTTING PROJECTS TO VOTE OF PEOPLE -MEASURE "C" VOTE REQUIREMENTS -CONTINUED TO MAY 4, 1994 (120.10) (City Council) CALIFORNIA UNIFORM TOBACCO CONTROL ACT - RESOLUTION NO. 6589 - CONTINUED TO MAY 4, 1994 (120.70) Page 29 - Council/Agency Minutes - 05/02/94 (City Council) DESIGN REVIEW BOARD - APPOINTMENT OF MICHAEL TRYON TO FILL VACANT POSITION OF PUBLIC MEMBER ALTERNATE - REQUEST TO AMEND ORDINANCE TO DELETE COUNCIL REPRESENTATIVE AND INCREASE PUBLIC MEMBERS - CONTINUED TO MAY 4, 1994 (110.20) 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 Wednesday, May 4, 1994 at 6:30 p.m. in the Council Chamber, Civic Center, Huntington Beach, California. ATTEST: City Clerk/Clerk `0 / Clerk of the Redevelopment Agency and City Clerk and ex-ofl'icio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 189