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HomeMy WebLinkAbout1994-05-04 (14)MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Wednesday, May 4, 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, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: Silva, Robitaille The Mayor announced that all City CounciVRedevelopment Agency items on the agenda are items continued from the regular City Council meeting of May 2, 1994. (City 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 -APPROVED (640.10) The Mayor announced that this was the day and hour set for a public nearing 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 ZONE: City wide REQUEST: To establish provisions in the Huntington Beach Ordinance Code to permit and regulate outdoor dining. ENVIRONMENTAL STATUS: Covered by Environmental Assessment No. 93-20 also to be considered by Council. COASTAL STATUS: Not applicable The City Clerk presented Ordinance No. 3232 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLES 908, 922, 924, 973 OF THE HUNTINGTON BEACH ORDINANCE CODE AND AMENDING SECTIONS 4.3.01(a)(o), 4.5.01(a)(o), 4.6.01(d), 4.7.01(a)(o), 4.8.01(a)(o), 4.9.01(a)(o), 4.11.01, AN D 4.12.01(R) OF THE DOWNTOWN SPECIFIC PLAN TO PERMIT OUTDOOR DINING." The Community Development Director presented a staff report. 190 Page 2 - Council/Agency Minutes - 05/04/94 Susan Pierce, Associate Planner, made a slide presentation. Councilmember Sullivan directed the Zoning Administration staff to prepare a hand written action agenda within two days after a meeting and transmit to Council. Councilmember Winchell stated that direction was given to staff to provide for the removal of the outdoor dining furniture as well as the proposed cordon around the outdoor dining area when not in use. Straw Vote - Approved - Annual Review License Agreement A motion was made by Leipzig, seconded by Bauer, to accept the staffs recommended language on Straw Vote No. 2 that the License Agreement require an annual renewal and may be denied if conditions change. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille Straw Vote - Approved - Ordinance Applicable to the Downtown Area Only A motion was made by Sullivan, seconded by Bauer, to amend the staff's recommended language on Straw Vote No. 3 that the ordinance be applicable in the downtown area only. An amendment to the motion was made by Winchell, accepted by Sullivan, that there be a review of the effectiveness of the ordinance in the downtown area within one year and an amendment prepared for the ordinance to be effective city-wide. The amended motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Sullivan NOES: Leipzig ABSENT: Silva, Robitaille 191 Page 3 - Council/Agency Minutes - 05/04/94 Straw Vote - Approved - Ten Foot Clear Passa a First Block of Main Street and Pacific Coast Hi hwa - Eight Foot Clear Passage in Other Downtown Locations at Discretion of Zonina Administrator - Added Definition of "Clear Passa e" A motion was made by Winchell, seconded by Sullivan, to amend Ordinance No. 3232 to indicate that outdoor dining located in the sidewalk area of the public right-of-way in the first block of Main Street and on Pacific Coast Highway within District Three shall provide a minimum of ten foot clear passage for pedestrian access; outdoor dining located in other areas of the public right- of-way shall provide a minimum of eight foot clear passage for pedestrian access; and a wider clear passage area may be required at the discretion of the Zoning Administrator and that a definition of "clear passage" be included in the ordinance. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille Straw Vote - Approved - Alcohol Banned for Outdoor Dinin A motion was made by Leipzig, seconded by Moulton -Patterson, to accept the staffs recommended language on Straw Vote No. S which does not allow the sale of alcoholic beverages for any outdoor dining on public property. The motion carved by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille Straw Vote - Approved - Postina of License for Outdoor Dining not Required A motion was made by Sullivan, seconded by Leipzig, to accept the staffs recommended language on Straw Vote No. 11 and have no requirement to post license for outdoor dining. The motion carved by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille 192 Page 4 - Council/Agency Minutes - 05104/94 Straw Vote - Approved - Renewal of License Agreement Required Prior to Use Permit Transfer A motion was made by Leipzig, seconded by Bauer, to accept the staff's recommended language on Straw Vote No. 12 that a renewal to the License Agreement will be required prior to transfer of the Use Permit. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Leipzig, Sullivan NOES: None ABSENT. Silva, Robitaille, Moulton -Patterson (out of the room) Straw Vote - Approved - March 31, 1994 Effective Date for Waiver of Use Permit Fees for Existing Businesses A motion was made by Winchell, seconded by Leipzig, to accept the staffs recommended language on Straw Vote No. 14 that the effective date for wavier of the Use Permit fee for existing businesses be March 31, 1994. The motion carried by the following roll call vote: AYES: Bauer, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille, Moulton -Patterson (out of room) Straw Vote - Approved - Parking Requirements for Outdoor Dining - Negative Declaration No. 93-20 to be Reviewed with Carts and Kiosks Issue A motion was made by Leipzig, seconded by Winchell, to accept the staffs recommended language on Straw Vote No. 15 that no additional parking shall be required for outdoor dining if the outdoor dining area does not exceed one of the following: restaurants with twelve hundred (1,200) square foot of gross floor area or less: maximum of five tables and twenty seats; restaurants greater than twelve hundred (1,200) square foot of gross floor area: maximum of twenty percent (20%) of restaurant area, not to exceed four hundred (400) square foot; and any outdoor dining area which exceeds these standards shall provide one hundred percent (100%) of the required parking for the entire area. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille The City Clerk announced a communication received and distributed to Council from Robert Winchell, President for the Board of Directors and member of Huntington Beach Tomorrow, dated April 30, 1994, Councilmember Sullivan requested that the Negative Declaration No. 93-20 be brought back for review when the Carts and Kiosks issue is reviewed by Council. 193 Page 5 - Council/Agency Minutes - 05/04/94 Negative Declaration No. 93-20 - Code Amendment No. 93-5A - Introduction of Ordinance No. 3232 - Adopted A motion was made by Bauer, seconded by Sullivan, to approve Negative Declaration No. 93-20 and Code Amendment No. 93-5A with findings listed in the Request for Council Action dated May 2, 1994, amend Ordinance No. 3232 subject to the changes agreed to by the Council by their straw vote procedure. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille Staff Directed to Prepare an Amendment to the Fee Resolution - License Agreement - Public Property -Annual Review A motion was made by Winchell, seconded by Sullivan, to direct staff to modify the fee resolution to establish a fee in conjunction with a license agreement for use of public property and to establish a mechanism for the annual review that involves the Community Services Department, Public Worms Department and the City Treasurer's Office. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille CONSENT CALENDAR - (ITEMS REMOVED) The following item was requested by: (Sullivan) amicus curiae brief regarding Sabelko vs. the City of Phoenix, agreement for ambulance billing, collection services, and reduction in professional liability insurance policy limit for Fire-Med Program; request to replace damaged vehicle; (Winchell) contract for annual audit for 1993/94 with KPMG Peat Marwick, (Bauer) reduction of improvement security for Tract Nos. 13625, 12527, and 14277; and program for publicizing ultra -low -flush toiler retrofit program. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Leipzig, second by Sullivan, Council approved the following items, as recommended. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille (City Council/Redevelopment Agency) MINUTES - ADOPTED - Approved and adopted minutes of the Council/Agency adjourned regular meeting of February 25, 1994 and regular meetings of February 7, 1994 and April 4, 1994 as written and on file in the Office of the City Clerk. 194 Page 6 - Council/Agency Minutes - 05/04/94 (City Council) AMICUS CURIAE BRIEF - DEVITA V COUNTY OF NAPA - REGARDING DEMONSTRATING AT HEALTH CARE FACILITIES - APPROVED (630.50) - Joined in the amicus curiae brief addressing the discrete issue of whether local land use planning is a matter of local concern or statewide concern. (In connection with Measure J - State General Plan Initiative). (Redevelopment AcsencylCity Council) ACQUISITION OF PROPERTY - WIMPI'S HAMBURGERS - 504 AND 506 PACIFIC COAST HIGHWAY - AP NO.024-152-11 AND 12 - SARRABERE/WOODIGOODMAN - MAIN -PIER REDEVELOPMENT PROJECT AREA - APPROVED (650.20) - Authorized the acquisition of 504 and 506 Pacific Coast Highway at a total cost of $1,085,000; appropriate $404,705 from the Main -Pier Capital Project account; the balance of $685,295 was previously deposited with the courts; and directed the City Attorney to prepare the appropriate documents as required to complete acquisition within ten days. (City Council) GOTHARD STREET SIDEWALK AND CENTRAL PARK HANDICAPPED CURB RAMPS PROJECT - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-909 - APPROVED (600.70) - Approved plans and specifications and authorized call for bids for construction of the Gothard Street Sidewalk and Central Park Handicapped Curb Ramps Project and approved sample construction contract subject to award of contract to Council approved lowest responsible bidder (City Council) FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT - AMBERLEAF PARK RENOVATION - TEHACHAPI LANDSCAPE COMPANY - CC-899 - APPROVED (600.65) - Approved and authorized execution of Federally Funded Community Development Block Grant Funds Construction Contract between the city and Tehachapi Landscape Company for the construction of Amberleaf Park at an amount not to exceed $36,450 and substitute it in place of the previously signed City Funded Contract. (City Council) CONTRACT FOR ANNUAL AUDIT FOR 1993/94-1994I95 AND 1995/96 - KPMG PEAT MARWICK - APPROVED (600.10) - Approved and authorized execution of an Agreement between the city and KPMG Peat Marwick for Audit Services for FY 1993/94 - $48,000; 1994/95 - $50,500; and 1995196 - $52,500. Councilmember Winchell asked if there was a policy for the auditors to be rotated. Deputy City Administrator Franz stated that the policy was for a rotation every six years. (City Council) REQUEST FOR APPROPRIATION - HIGH SPEED COPIER - APPROVED (320.45) - Approved appropriation of $75,000 from the Equipment Replacement Fund and authorized the Purchasing and Central Service Manager to solicit "request for quotations" for the 19. acquisition of a copier/duplicator. Page 7 - Council/Agency Minutes - 05104/94 (City Council) EARLIER CURFEWS IN THE RECREATIONAL ZONE PARKING LOT/METERS - RESOLUTION NO.6591 - BLUFF TOP PARKING LOTS ALONG PACIFIC COAST HIGHWAY - ADOPTED (560.35) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO.5259 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' AS TO SERVICES OFFERED UNDER THE COMMUNITY SERVICES DEPARTMENT (SUPPLEMENTAL FEE RESOLUTION NO.48). (City Council) AMICUS CURIAE BRIEF - SABELKO V CITY OF PHOENIX ET AL - REGARDING_ DEMONSTRATING AT HEALTH CARE FACILITIES - SUPPORT DENIED (630.50) The City Clerk presented a communication from the City Attorney regarding a request for the city to support an amicus curiae brief entitled Sabelko vs. City of Phoenix, Arizona regarding an 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. A motion was made by Leipzig, seconded by Sullivan, to take no action and not support the amicus curiae brief entitled Sabelko vs. City of Phoenix, et al. The motion carried by the following roll call vote: YES: Bauer, Moulton -Patterson, Wnchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille (City Council) AGREEMENT - AMBULANCE BILLING AND COLLECTION SERVICES FOR FIRE MED PROGRAM - WITTMAN ENTERPRISES - REDUCTION IN PROFESSIONAL LIABILITY INSURANCE POLICY LIMIT - APPROVED (600.10) The City Clerk presented a communication from the City Administrator regarding an Agreement for Paramedic and Ambulance Billing Services. Councilmember Sullivan spoke regarding the collection rate of the proposed collection service and reduction of the insurance requirements. The Fire Chief reported that a test trial of the collection service was done as an interim evaluation and an increase in the collection rate was achieved. The proposed reduction in the liability insurance requirement is warranted due to the city's limited liability. A motion was made by Sullivan, seconded by Leipzig, to approve and authorize execution of an Agreement between the city and Wittman Enterprises to provide Ambulance Billing and Collection Services for the Fire Med Program and reduce the Professional Liability Policy limit indicated in the agreement from $500,000 to $200,000. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille Im Page 8 - Council/Agency Minutes - 05/04/94 (City Council) CONTINUED FROM APRIL 18, 1994 - REDUCTION OF IMPROVEMENT SECURITY - TRACT NO. 13625 - EAST SIDE OF GOLDENWEST BETWEEN WALNUT AVENUE AND PALM AVENUE - OCEAN POINT PARTNERS - APPROVED (420.60) The City Clerk presented a communication from City Administrator dated April 18, 1994 regarding the a request for reduction of improvement security for Tract No. 13625. Following discussion by Council, a motion was made by Leipzig, seconded by Winchell, to accept Surety Bond Decrease Penalty Rider No. SC111-3282-6550, reducing the Faithful Performance Bond from $715,500 to $71,550. This represents a ninety percent completion of the required curb, gutter, sidewalk, street paving, sewer, water and storm drain construction and instructed the City Clerk to notify the developer, Ocean Point Partners, and the City Treasurer to notify the bonding company, The American Insurance Company, of this action. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Bauer ABSENT: Silva, Robitaille (City Council) CONTINUED FROM APRIL 18, 1994 - REDUCTION OF IMPROVEMENT SECURITY - TRACT NO. 13527 - EAST OF SEAPOINT AVENUE - SOUTH OF GARFIELD AVENUE - URBAN WEST COMMUNITIES - APPROVED (420.60) The City Clerk presented a communication from City Administrator dated April 18, 1994 regarding the a request for reduction of improvement security for Tract No. 13527. Following discussion by Council, a motion a motion was made by Leipzig, seconded by Winchell, to accept Surety Bond Decrease Penalty Rider No. SCRA 11-3254-0003, reducing the Faithful Performance Bond from $457,000 to $45,700. This represents a ninety percent completion of the required curb, gutter, sidewalk, street paving, sewer, water and storm drain construction and instructed the City Clerk to notify the developer, Urban West Communities, and the City Treasurer to notify the bonding company, the American Insurance Company, of this action. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Bauer ABSENT: Silva, Robitaille (City Council) CONTINUED FROM APRIL 18, 1994 - REDUCTION OF IMPROVEMENT SECURITY - TRACT NO. 14277 - EAST OF SEAPOINT AVENUE - SOUTH OF GARFIELD AVENUE - PENINSULA I PARTNERS - APPROVED (420.60) The City Clerk presented a communication from City Administrator dated April 18, 1994 regarding the a request for reduction of improvement security for Tract No. 14277. 197 Page 9 - Council/Agency Minutes - 05/04/94 Following discussion by Council, a motion was made by Leipzig, seconded by Winchell, to accept Surety Rider No. 8008593, reducing the Faithful Performance Bond from $360,000 to $72,060. This represents an eighty percent completion of the required curb, gutter, sidewalk, street paving, sewer, water and storm drain construction and instructed the City Clerk to notify the developer, Peninsula I Partners, and the City Treasurer to notify the bonding company, Ulico Casualty Company, of this action. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Bauer ABSENT: Silva, Robitaille City Council) PROGRAM FOR PUBLICIZING ULTRA -LOW -FLUSH TOILET RETROFIT PROGRAM -RECEIVED AND FILED (1000.00) The City Clerk presented a communication from the City Administrator regarding the program for publicizing Ultra -Low -Flush Toilet Retrofitting. The Public Works Director presented a staff report regarding plans for publicizing the Ultra -Low Flush Toilet Retrofit Program in the city. A motion was made by Bauer, seconded by Leipzig, to receive and file report on status of publicizing the Ultra -Low -Flush Toilet Retrofit Program in Huntington Beach. The motion tamed by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille LCity Council) REQUEST TO REPLACE DAMAGED CITY VEHICLE - CODE ENFORCEMENT DIVISION -APPROVED (320.45) The City Clerk presented a communication from the City Administrator regarding request to replace a damaged city vehicle. Councilmember Sullivan questioned whether a pool vehicle could be used. The Community Development Director responded that it is a pool vehicle that is used by the staff of the Code Enforcement Division. A motion was made by Sullivan, seconded by Leipzig, to authorize an appropriation of $11,000 from the General Fund unappropriated equipment replacement account and authorize an expenditure of $16,000 for the replacement of a damaged city vehicle with the additional $5,000 coming from the unexpended department equipment replacement account. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille Page 10 - Council/Agency Minutes - 05/04/94 Staff Report Requested Regarding Lost, Damaged or Stolen City Property Mayor Moulton -Patterson requested an annual staff report regarding lost, damaged or stolen city property. (City Council) CONVEYANCE OF 8.863 ACRES OF PROPERTY TO THE HUNTINGTON BEACH CITY SCHOOL DISTRICT FROM SEACLIFF PARTNERS - CONTINUED TO JUNE 6. 1994 (600.10) The City Clerk presented a communication from the Director of Community Development regarding the transfer by Seacliff Partners of 8.863 acres of property to the Huntington Beach City School District. The Assistant City Administrator presented a staff report using slides and reported that common area improvements will be completed prior to the sale of the first unit. Councilmember Sullivan stated that a Planning Commission Committee is studying the grading problems and requested that the decision regarding conveyance of the proposed property be continued until a report from the Planning Commission Committee is received. The Mayor requested the school district representative to speak regarding the impact on the school district by the proposed delay in the conveyance of the property. Jerry Buchanan, Huntington Beach City School District representative, spoke regarding a verbal report he received from the school district architects and engineers who have examined the site and reported that the grading conforms with the grading plans and stated that the school district does not anticipate any problems. He stated that the delay could affect bond rates for financing of the project. Discussion was held by Council and Mr. Buchanan regarding the proposed equestrian trail. At the request of Councilmember Bauer, Jerry Buchanan confirmed that the grading was satisfactory to the school district. The Community Development Director presented a staff report regarding the composition and purpose of the Planning Commission Committee formed to review this project. A motion was made by Sullivan, seconded by Moulton -Patterson, to continue the request by Seacliff Partners to convey 8.863 acres of property to the Huntington Beach City School District to June 6, 1994 to allow the Planning Commission Committee to prepare a factual report. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Wincheli, Sullivan NOES: Leipzig ABSENT: Silva, Robitaille 199 Page 'i 1 - Council/Agency Minutes - 05/04/94 (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 - APPROVED AS AMENDED (340,20) The City Clerk presented a communication from the City Administrator regarding acceptance of a Deed of Trust and Promissory Note for Wahoo's Restaurant located at 120 Main Street in the Main -Pier Redevelopment Project Area. The City Clerk presented a communication from the Economic Development Director regarding an amended recommendation entitled Wahoo's Restaurant and Covenant for Payment of In -Lieu Parking Fee Stipulation of Lien. The Economic Development Director presented a staff report. Joseph Barron, Deputy City Attorney, spoke regarding the need for a motion to take action on an issue that arose subsequent to the agenda being posted and would be necessary to consider the proposed amended recommendation regarding Wahoo's Restaurant. Motion that the Need to Take Action on Wahoo's Restaurant - Acceptance of a Covenant and Lien for In -Lieu Parking Fee Arose Subsequent to the Agenda Posting- Approved A motion was made by Leipzig, seconded by Sullivan, to make a determination that the need to take action on the issue of acceptance of a Covenant and Lien for In -Lieu Parking Fee arose subsequent to the agenda being posted as specified in Government Code Section 549542(b)(2). AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille The City Clerk announced that the new documentation was available. The Economic Development Director reported on the new recommended actions. Discussion was held by Council and staff regarding the deposit of fees with the city. A motion was made by Winchell, seconded by Leipzig, to approve the amended recommended action as follows: That the City Council and Redevelopment Agency hereby determine that "surety," as used in the Downtown Specific Plan, requires property owners to post an adequate guarantee that the in -lieu fee will be paid and that the City Council and Redevelopment Agency approve the following three methods to post an adequate guarantee and allow the property owner to select one method to comply with posting an adequate guarantee that the in -lieu fee will be paid. a. Accept a Deed of Trust and Promissory Note for $72,000 to be executed by Yuh-Hua Wong .Wang as sufficient surety in terms of the Downtown Specific Plan requirements to secure the in -lieu parking fee, or 200 Page 12 - Council/Agency Minutes - 05/04/94 b. Accept a covenant and lien for $72,000 to be executed by Yuh-Hua Wong Wang as sufficient surety in terms of the Downtown Specific Plan requirements to secure the in -lieu parking fee, or C. Allow the property owner deposit fees with the city for $72,000 (less any payments made), from which the city would draw the annual payments. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille Ci Council SOLID WASTE PROCESSING FACILITY SUPPLEMENTAL AGREEMENT NO. 1 TO FRANCHISE AGREEMENT BETWEEN THE CITY AND RAINBOW DISPOSAL AND RAINBOW TRANSFER AND RECYLING -APPROVED (600.10) The City Clerk presented a communication from the City Administrator transmitting a supplemental agreement governing the operation of the new solid waste processing facility. The Public Works Director presented a staff report regarding the history on the need for a Materials Recovery Facility. Jim Sankey, Public Works Senior Analyst, presented a staff report using slides regarding the Material Recovery Facility, Source Recovery and Recycling Element and proposed supplemental agreement with Rainbow Disposal. A motion was made by Leipzig, seconded by Winchell, to approve and authorize execution of Supplemental Agreement No. 1 to the Franchise Agreement between the city and the Rainbow Disposal and Rainbow Transfer and Recycling Companies. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille (City Council) POLICY REGARDING PROCEDURES FOR PUTTING PROJECTS TO VOTE OF PEOPLE - "MEASURE C" VOTE REQUIREMENTS - DIRECTED COUNCIL COMMITTEE TO PREPARE REPORT (120.10) The City Clerk presented a communication from the Director of Community Services regarding the need for Council to adopt a policy regarding procedures for putting projects to a vote of the people under the terms and conditions of the "Measure C" City Charter Amendment approved by the voters November 6, 1994. The City Administrator distributed to Council the "Measure C impartial analysis as contained in r� the 1990 City Voter's Pamphlet. Page 13 - Council/Agency Minutes - 05/04194 The Community Services Director presented a staff report. Discussion was held by Council and staff regarding project representatives that have requested a "Measure C" vote prior to approval of entitlements, financial arrangements and lease agreements. The City Clerk announced a communication received and distributed to Council from Thomas Mays, Former Mayor and State Assemblyman, dated May 2, 1994 regarding the "Measure C" issue. The City Clerk gave reasons for recommending that if said policy is adopted that the policy far "Measure C' vote requirements be adopted by ordinance. A motion was made by Sullivan, seconded by Leipzig, to defer the policy for "Measure C" vote requirements, direct the Community Services Director to form a Community Services Committee that would include the authors of "Measure C" and anyone else he believes should be involved and prepare a recommendation to Council. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille (City Council) ORDINANCE NO. 3235 - CONTINUED TO A FUTURE DATE ON MAY 2, 1994 - CATCH AND RELEASE POLICY FOR FISHING IN LOCAL LAKES - STATUS REPORT (640.10) Councilmember Leipzig spoke regarding the proposed catch and release policy for fishing in local lakes that was on the May 2, 1994 Agenda and was continued for further staff review and asked when that ordinance would be ready for Council action. The Community Services Director reported that if the city adopts the proposed Ordinance No. 3235 the Fish and Game Department will not enforce fishing license violations and do not support the catch and release policy for trout. He stated that staff is working with the Fish and Game Department and the Orange County Fish and Game Commission in preparing an amended policy that would apply to bass, carp and catfish and address the possible overpopulation issue. (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 - APPROVED (110.20) - - - The City Clerk presented a communication from Councilmember Leipzig dated April 14, 1994 regarding composition of the Design Review Board. A motion was made by Leipzig, seconded by Moulton -Patterson, to appoint Michael Tryon to the vacant position of Public Member alternate to Design Review Board for term to expire December 31, 1996. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille 202 Page 14 - Council/Agency Minutes - 05/04/94 Staff Directed to Prepare an Amendment to the Ordinance Deleting City Council Representative and Increasing Public Members on Desian Review Board A motion was made by Leipzig, seconded by Sullivan, to direct staff to prepare an ordinance amendment that would delete the City Council representative while increasing the number of public members from one to two. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille Staff Report Requested Regarding Inadequate Parking for City Sponsored Easter Egg Hunt Councilmember Bauer requested a staff report regarding inadequate parking for the city sponsored Easter Egg Hunt. (City Council) OPPOSITION TO CALIFORNIA UNIFORM TOBACCO CONTROL ACT - RESOLUTION NO. 6589 - ADOPTED (120.70) The City Clerk presented Resolution No. 6589 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING THE CALIFORNIA UNIFORM TOBACCO CONTROL ACT." Mayor Moulton -Patterson reported that the initiative entitled "California Uniform Tobacco Control Act" is sponsored by the tobacco industry and would create a statewide law restricting regulations related to smoking, overturn current local laws, and limit cities' rights to regulate smoking in restaurants and the workplace. A motion was made by Moulton -Patterson, seconded by Winchell, to adopt Resolution No. 6589. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille Staff Directed to Place on Agenda Action Item Regarding the Broadcasting of Fourth Monday Study Sessions Mayor Moulton -Patterson stated that the fourth Monday study session meetings should be broadcast on HBTV3. The City Administrator stated that the issue regarding broadcasting of fourth Monday study sessions will be placed on the agenda for action on May 16, 1994. 203 Page 1:5 - Council/Agency Minutes - 05/04/94 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, May 16, 1994 at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. ATTEST: 4WX4-i s4AC r City Clerk/Clerk aWW4;.O awAov;� 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 204