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HomeMy WebLinkAbout1994-05-16MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, May 16, 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 5:12 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Moulton -Patterson, Winchell, Leipzig, Sullivan, (Silva and Bauer arrived 5:15 p.m.) ABSENT: Robitaille STUDY SESSION - REPORT ON ALCOHOLIC BEVERAGE CONTROL PERMITS Police Chief Ron Lowenberg introduced Sergeant Dan Johnson and Detective Irwin Feinstein. Detective Feinstein presented a report using slides on the alcoholic beverage control license process and how it affects the city. Detective Feinstein referred to the reports which had been received by Council on the subject entitled: A communication to the City Council from the Director of Community Development titled Alcohol Beverage Restrictions dated May 16, 1994 and a document entitled Alcohol Beverage Licenses - City of Huntington Beach prepared for the May 16, 1994 study session. The communication from the Director of Community Development contained a list of alcohol beverage restrictions focusing on the downtown area and a matrix which identifies the present zoning requirements for establishing a business which serves alcoholic beverages. Sergeant Dan Johnson, Police Department, spoke regarding the training of establishment personnel as to the laws regulating the sale of alcohol, the Police Department working with the Community Development Department to put conditions on new businesses to prevent future problems and enforcement being the last effective method. A report entitled "Survey of Conditional Use Permits in Orange County's Jurisdiction, Spring, 1994", prepared by the Alcohol and Drug Education and Prevention Team (AREPT) Orange County Health Code Agency was attached to the communication from the Director of Community Development. Mike Strange, Senior Planner/Zoning Administrator, presented a review of the current code requirements for Council's information. Following discussion, the City Council extended their appreciation to Sgt. Johnson and Detective Feinstein for the report. 20a Page 2 - Council/Agency Minutes - 05/16/94 CLOSED SESSIONS The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a part. The title of the litigation is Danny Dorsey vs. City of Huntington Beach, Orange County Superior Court Case No. 676040. The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Director of Personnel and Daniel Cassidy, Esq., Liebert, Cassidy and Frierson regarding Labor Relations matters - Meet and Confer regarding 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) RECESS - RECONVENE The Mayor called a recess of Council. The meeting was reconvened at 6:30 p.m. in the Council Chamber. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Moulton -Patterson as the members of Celebration ..USA., Incorporated scheduled to perform tonight are unable to attend. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan (arrived 6:30 p.m.) ABSENT: -None PROCLAMATION - NATIONAL PUBLIC WORKS WEEK - MAY 15 - 21, 1994 Mayor Moulton -Patterson presented a Proclamation to Bob Eichblatt, City Engineer, proclaiming the week of May 15, through May 21, 1994 as National Public Works Week in the City of Huntington Beach. PROCLAMATION - SURFING WALK OF FAME DAY - MAY 28, 1994 Mayor Moulton -Patterson presented a Proclamation to Don MacAllister, Chairman, Surfing Walk of Fame proclaiming May 28, 1994 as Surfing Walk of Fame Day. 206 Page 3 - Council/Agency Minutes - 05/16/94 PRESENTATION - WETLANDSCAPE MURAL TO CELEBRATE "MAY IS WETLANDS MONTH" Adrianne Morrison, Executive Director, Amigos de Bolsa Chica, presented a framed photograph of the "wetlandscape" mural that adorns a wall adjoining the Amigos Office to Mayor Moulton - Patterson in celebration of "May is Wetlands Month". PUBLIC COMMENTS Iva Lee Lawrence, Huntington Beach Community Clinic representative, thanked Council for the recent Duck-A-Thon fund-raiser held on the city pier and beach. She extended her appreciation to Captain Bill Richardson, the Marine Safety Officers, the Junior Lifeguards and all the people who purchased ducks. Martin Wetzler, Seaside Village representative, stated his opposition to Conditional Use Permit No. 94-8 and Conditional Exception No. 94-11, allowing the Waterfront Hilton to erect a tent for various activities. He thanked the Planning Commission members for the imposition of conditions. He suggested that the representatives of the Waterfront Hilton go back to the drawing board and accomplish their goals another way. He requested a procedure whereby all legal property owners receive notification. Nancy Cohee, Seaside Village resident, stated her opposition to the approval of the Waterfront Hilton tent citing noise problems. She requested that the Waterfront Hilton be required to apply for approval one event at a time. She presented a petition from residents of Pacific Mobile Home Park which she stated listed approximately seventy (70) signatures of residents opposing the issuance of the permit. Ms. Cohee stated that she did not believe the Planning Commission's conditions were adequate. Buck Marrs, Seacliff Area Coalition representative, addressed Council regarding the Seapoint Avenue Extension Study, stating there would be noise and unsafe traffic levels at all complex entrances as well as a violation of the wetlands. He presented alternative proposals including stopping the street altogether; gating it except for emergency traffic as is done in other areas of the city which work well; Seapoint Avenue can be gated at strategic places on Seapoint before Pacific Coast Highway and could include the new Oceancrest and Surfcrest communities giving them traffic benefits; and all the Holly Seacliff traffic could be directed toward Goldenwest Street which is prepared for it. Barbara Marrs presented a history of Seapoint Avenue as a major arterial road, stating it has a suspicious history. She questioned if Seapoint Avenue is completed to Pacific Coast Highway with a projection of 30,000 cars per day how could the traffic be handled as she cannot see that Seapoint was constructed for it; that when the plan for Phase 1A of the Regional Park was passed the plan included No Parking in the park itself but would use Seapoint for parking. She questioned if the street is to be widened and if so, is the land to come from the park? She urged Council to study the issue as outlined in the staff plan as she believes there are ramifications that will change the environment forever. Dianne Jones stated her opposition to the extension of Seapoint Avenue because of noise, traffic and trash impact. She stated her support for the extension to provide for pedestrian, bicycle and emergency traffic. 07 Page 4 - Council/Agency Minutes - 05/16/94 Virginia George, representing the Sierra Club, Preserve Bolsa Chica Task Force, spoke in support of the thousand of residents (animals) on the other side of the street. She supported preservation of the current ecology, stating opposition to the county taking over jurisdiction from the city. She spoke regarding said extension causing 30,000 more cars and auto emission damage to people and animal life. She stated that the extension would help the Koll Company get its transportation challenges met as it is one of the biggest problems the Koll Company has in attempting to get permission to build a small city on the Bolsa Chica. She stated that the Sierra Club urges Council denial of the extension. Communications Announced Regarding Seapoint Avenue Extension Study The City Clerk, pursuant to the Brown Act, announced that the following communications regarding the Seapoint Avenue Extension Study were received after delivery of the agenda from Residents of Seacliff on the Green Seacliff Estates in opposition to Seapoint Avenue connecting to Pacific Coast Highway, received May 12, 1994 and Huntington Beach. Tomorrow dated May 15, 1994, submitting comments and requests for Council consideration. Barbara Kimbrough stated her opposition to the Brisas del Mar Project, approved by the City Council at a previous meeting. She read from a May 9, 1994, Orange County Focus Section of the Los Angeles Times newspaper article regarding a recent City of Brea Redevelopment Agency project which she believed benefited the City of Brea in contrast to that of the Brisas del Mar ,Project. Councilmember Winchell commented on the differences between the two projects stating that she believed the Council has done what is best for the city. Barbara Lichman, Attorney at Law, representing Seacliff Estates Coalition, spoke in opposition to the Seapoint Avenue Extension from Palm Avenue to Pacific Cost Highway as a primary arterial and in the configuration in which it is proposed. She stated she had provided a communication to Council. She requested that Council adopt one or more of the following alternatives (1) direct staff to prepare a focused study of not improving Seapoint Avenue to a primary arterial width but to some width less; (2) direct staff to analyze the feasibility of connecting the extension to Pacific Coast Highway for emergency vehicles, pedestrians and bicycles only through strategy of gating at Palm Avenue; and (3) study the feasibility of the possible alternative of deleting the extension of Seapoint Avenue from the General Plan and the recorded final map in its entirety. She presented reasons for their recommendations including noise and air quality impacts, criminal intrusion because of the extension's terminus on Pacific Coast Highway. Also cited was the increased danger to children on foot and on bicycles; that the children are not used to the width of the street. She cited the lack of mitigation to the homes and stated there. was a question whether the noise mitigation measures that were in the Environmental Impact Report for requirements of the Holly-Seacliff area were in fact incorporated in the conditions on the final map for that development thus these impacts have largely been unmitigated. She requested that Council delay the matter and study a narrower street or deletion and cited Government Section 66472.1. She stated that the basis for the additional factual findings that are required under the Government Code do exist and should be investigated by the City Council before a final decision is made on the project. Ms. Lichman stated the reasons that there were changed circumstances 208 08 that would warrant changing the General Plan. Page 5 - Council/Agency Minutes - 05/16/94 James Townsend, representing the Council on Aging, informed Council of the Rodgers' Senior Center inadequate staffing level on the telephone and at the counter. He spoke regarding the issue of deletion of services and their concern about the potential loss of transportation for seniors. Councilmember Sullivan requested clarification regarding the confusion regarding Orange County Transportation Agency being incorrectly informed that the city had not paid their CTSA bill for the previous year. Joe Whaling, President of Host Lions Club, informed Council of his opposition to the prohibition of beer sales by local service clubs on the Fourth of July Parade route. He informed Council of the projects sponsored by the Lions Club and stated that the beer sales is a major club fund raiser. Jim Bridges, member of the Citizens Bureau of Investigation and Taxpayers Against Pension Spiking, addressed Council in opposition to pension spiking and stated what he believed were state codes prohibiting spiking. John Burgio, member of the Citizens Bureau of Investigation and Taxpayers Against Pension Spiking, spoke in opposition to pension spiking and. comparisons of private and public sector pensions. Leon McKinney, member of the. Citizens Bureau of Investigation and Taxpayers Against Pension Spiking, referring to slides, presented a comparison of safety and non -safety pensions. Teddy Alves, member of the Citizens Bureau of Investigation, read from a speech by Jim Madden, Professor of Finance and Management at -Harvard College in Wilmington, citing State Government Code provisions relative to retirement compensation which he had researched leading to the conclusion that the pension spiking is illegal. Richard Henderson, member of the Citizens Bureau of Investigation and Taxpayers Against Pension Spiking, spoke in opposition to pension spiking. He read from Memorandums of Understanding that were negotiated and approved by certain city officials and Buford Nichols Law Office. Steve Olim, member of the Citizens Bureau of Investigation and Taxpayers Against Pension Spiking Task Force, spoke in opposition to pension spiking stating that he believes city hall was insulated from the effects of the recession and gave reasons in opposition to spiking. He stated that CBI would like to go on record that they believe most city employees are dedicated and competent and hard working people and most of them would be happy to receive an unspiked pension because they know it is more generous than comparable pensions outside of city hall. Bill Mello, Citizens Bureau of Investigation representative, spoke in opposition to pension spiking and requested that Council direct the City Administrator to rescind pending plans for pension spiking and stated if not done by May 31 it will be assumed that the City Council has forced the Citizens Bureau of Investigation to take appropriate action. Councilmember Sullivan invited Mr. Mello and another member of his group, of his choice, to attend meetings of the Council Committee which has been formed on the spiking issue. 209 Page 6 - Council/Agency Minutes - 05/16/94 Councilmember Winchell spoke regarding the numerous issues faced by Council relative to dealing with this issue. Councilmember Robitaille stated that he was not deluded into voting for the memorandums of understandings containing this benefit. Councilmember Leipzig commented that there has been recent court decisions in favor of public entitles which will strengthen the city's position in dealing with this issue. Jerry.Esposito, Board of Directors, Seacliff Coalition, addressed Council in opposition to the Seapoint Avenue Extension Study. He stated that he did not believe a major highway should be by a park or an oil production plant. He requested that the Council support another Seapoint Avenue Extension Focused Study. Deborah and Leigh Esposito read a poem to the City Council that they had authored regarding the proposed Seapoint Avenue Extension citing the adverse impacts to animals and nature ; impact of inhalation of fumes and traffic danger to children. George Arnold spoke in opposition to the agenda item regarding Central Library Parking Lot Expansion Project. He also questioned why people are selling Fourth of July T-shirts on the pier and tables being left out overnight in the downtown area. He also spoke in opposition to the agenda item regarding the Lease Agreement for Office Space in the Main Street Promenade building. Jeff Metzel, Huntington Seacliff Homeowners Association President, stated they were supporting their neighbor in the Palm-Seapoint area. He expressed opposition to the proposed Seapoint Avenue extension as a thoroughfare to Pacific Coast Highway as they did not want a large increase in traffic along streets which now serve neighborhoods; outside traffic would bring in transients and trouble. He requested that Council do what they can to prevent it from going through. Gary Heximer, Huntington Beach Host Lions Club representative, spoke in opposition to the agenda item which would prohibit the Lions Club beer stand on Main Street. He stated the Lion's Club sold beer only to responsible adults. Councilmember Silva confirmed that Mr. Heximer had not seen any detrimental activity occurring from such sales. Barbara Coe, representing California Coalition for Immigration Reform and the Save -Our -State Initiative Committee, presented a communication regarding the illegal aliens. Ms. Coe addressed Council regarding the matter, including the issue of illegal aliens receiving services. Councilmember Winchell commented on the need to inform the Community Development Block Grant Citizens Advisory Board members of any changes relative to the manner in which they must discharge their responsibilities in determining funding recommendations to the Council relative to illegal immigrants. Councilmember Leipzig concurred with Councilmember Winchell. 210 Page 7 - Council/Agency Minutes - 05/16/94 Councilmember Silva stated this matter was brought up at the meetings of the board on numerous occasions. Bob Delmar complimented the Police Department on the manner in which they handled events in the downtown area over the weekend. He stated he hoped the Police Department could handle the Fourth of July Parade. He spoke in support of the beer stand at the parade. Arthur Rosen, Downtown Residents Association representative, spoke in support of the curfew enforcement and commended the Police Department and City Council. Lois Freeman, Elaine Rosen, Wilfred Meyer, Loretta Wolfe, Dianne Easterling, and Kent Peterson, members of the Downtown Residents Association, spoke in favor of prohibiting beer sales by local service clubs on the Fourth of July Parade route. Art De Lorm spoke in opposition to the proposed Seapoint Avenue Extension for reasons including pedestrian and bicycle paths, use of electronic gate for extension to Pacific Coast Highway and direct traffic to streets designed for the traffic. Altetha Travis spoke regarding the Save-Our-State.lnitiative and stated that she had been told the City Council had voted not to support it. She asked if Council would endorse the initiative. Mayor Moulton -Patterson stated that she would like an opportunity to read the text. Laura Madariaga spoke in opposition to the proposed Seapoint Avenue extension stating that she believes it deserves further study. She stated that residents have met with the city staff, the Police and Fire Departments and have heard all their concerns. She stated she had talked to the developer and she hears his concerns. Ms. Madariaga informed Council that all the residents are asking for is flexibility on everyone's part to find a creative win -win solution. She stated that the residents heard everyone's valid concerns and took them into account to try to develop several solutions and the residents have a right to have their concerns heard. Paul Brown spoke in opposition to the proposed Seapoint Avenue Extension and urged that only pedestrian, bicycle and emergency vehicles have access. Mark Porter, Director of Huntington Beach Tomorrow, stated reasons for his support for the agenda items regarding Amendment No. 1 to the Agreement to provide additional work for the review of the Bolsa Chica Environmental Impact Report and Amendment No. 1 to the Master Plan of Sewers Agreement. Marie St. Germain spoke in support of prohibiting beer sales on the parade route. She spoke in support for Police Department enforcement of the curfew downtown and hoed it could be done throughout the summer. David Tamarin spoke in support of agenda item regarding the Traffic Signals at the intersections of Atlanta Avenue and Miramar Lane/Greenfield Lane and Magnolia Street and Edison High School. Chuck Jones stated opposition to the Seapoint Avenue Extension and requested a focused study on the matter to find a solution to allow for emergency vehicles and foot traffic but not forty-five (45) mile per hour traffic going down Seapoint Avenue. 21' l Page 8 - Council/Agency Minutes - 05/16/94 Ed Kerins, Vice -President of Huntington Beach Tomorrow, stated that a study of the staff and City Attorney's report shows a conclusion that the Seapoint Avenue extension would seriously impair the quality of life, decrease safety for children and residents and increase crime. He referred to the Huntington Beach Tomorrow letter presented to Council that offered alternatives. Flossie Horgan stated her opposition to the Seapoint Avenue extension and expressed the need to preserve the community and hoped that another Council Committee meeting could be held and an equitable solution found as there have been many proposed at tonight's meeting. Don Guilluame stated opposition to the proposed Seapoint Avenue Extension. He spoke regarding the traffic impact and the letter the developer had sent to Sunset Beach area stating there would be no impact to them. He spoke regarding the five traffic signals that will be needed. Mr. Guilluame questioned how the Fire Department will meet their three minute response time with thirty thousand (30,000) cars coming down there for a long distance response already. He also stated alternatives to what is stated is a need for a second access to the Oceancrest project, which could be to go north on Seapoint or exit the south half of their tract and come out on Palm. He stated he has done research on the staff report regarding the needed fire access and with or without extension to Pacific Coast Highway the closest engine company is two and one half (2 1/2) miles and the only solution is a station somewhere in the area. He cited the costs, including Police and. other services. Bryan Bridges stated opposition to prohibiting beer sales by local service groups on the parade route. He stated alcoholic beverages will be brought in by the case as well as hard liquor. He stated that the members of the Human Resources Board did bring up the illegal alien issue long before any votes were taken and a letter was sent to the Mayor. Mr. Bridges questioned why outside legal counsel was being hired by the city for different matters. Terri Allen stated her opposition to the proposed Seapoint Avenue Extension, stating the homes were not designed to be on an arterial highway. She urged consideration of other alternatives. Tony Nottke candidate for State Assembly, spoke on the matter of illegal immigration and urged that Community Development Block Grant funds not be provided for services to illegal aliens. Nick Tomaino, spoke in opposition to the proposed Seapoint Avenue extension and stated it would allow developers to build more homes in the area. He spoke regarding measures he hoped could be instituted. 212 Page 9 - Council/Agency Minutes - 05/16/94 (City Council) PUBLIC HEARING - CODE AMENDMENT NO. 93-6 - TATTOO ESTABLISHMENTS WITHIN C-2 AND C-4 COMMERCIAL ZONES - DRAFT NEGATIVE DECLARATION NO. 93-22 - ORDINANCE NO. 3236 - INTRODUCTION APPROVED - DEFINITION OF TATTOOING ESTABLISHMENT BE PREPARED FOR DIVISION 9 CODE AND RETURNED TO COUNCIL (640.10) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 93=6 and Draft Negative Declaration No. 93-22 Tattoo Establishments APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: C2 (Community Business District) and C4 (Highway Commercial District) REQUEST: To create provisions for allowing tattoo establishments within the C2 and C4 commercial zones subject to location criteria by amending Article 922 of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Draft Negative Declaration No. 93-22 has been prepared in accordance with the California Environmental Quality Act and will also be considered by the City Council. COASTAL STATUS: Not applicable The City Clerk presented Ordinance No. 3236 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING TATTOO PARLORS TO THE LIST OF PERMITTED USES WITHIN THE C-2, COMMUNITY BUSINESS DISTRICT AND THE C-4, HIGHWAY COMMERCIAL DISTRICT." The Community Development Director presented a staff report using slides. She reported on the recommended criteria including distance from certain facilities. Mayor Moulton -Patterson declared the public hearing open. Gerard Collette, Tattoo Manager, Sneetches, an establishment located on Beach Boulevard in the city, gave reasons why he did not believe tattooing should be considered an adult business. Colin Vaught, resident, stated that he believed it would get tattooing away from being done in garages and homes and would give a place for people to obtain tattoos professionally and safely. David Miller, resident, stated he believed it would keep tattooing out of garages and dirty needles away as well as aids and hepatitis. Raul Munoz presented reasons why he believed tattoo businesses would enhance the city. He stated that he would like to open a tattoo shop in the downtown area. 2.13 13 Page 10 - Council/Agency Minutes - 05/16/94 John Goodson, student, spoke on behalf of him mom, Traci Goodson -Smith stating that he saw no problem with tattooing; that his teacher had a tattoo. He stated he was on the Distinguished Honor Roll. Traci Goodson -Smith, business owner of Sneetches, 20387 Beach Boulevard in the city, stated she was a licensed health care professional for the State of California and an owner of a tattoo business. She gave reasons why she believed the code amendment regarding tattooing should be approved by Council. She stated she had submitted photographs of her business and a letter from a neighbor of her business, a copy of her consent form along with a letter that she submitted to all Council members about a month ago with a portfolio with photographs and copies of ordinances from other cities. She stated she would like to submit for Council viewing all these materials. She stated her immediate neighbor has given her permission to state that he had no complaints. She stated that as there is currently no ordinance within the city prohibiting her business and that it was her understanding based on the City Attorney's office that it was legal. She stated she had been issued a business license for retail sales and permanent cosmetics and piercing and a certificate of occupancy for retail service use. Ms. Goodson -Smith stated licensed electrolysis are licensed in the city for permanent cosmetics and are not monitored by the Orange County Health Department as is she. Discussion was held between Ms. Goodson -Smith and Council regarding tattoo health issues and tattoo type applications at beauty parlors. In response to Councilmember Silva, Ms. Goodson -Smith stated that the state law required person to be eighteen (18) years old unless they have a parent or guardian consent form and that the person under eighteen (18) she has seen would have obtained tattoos from garages, hotels or homes. In response to Councilmember Winchell, Ms. Goodson -Smith commented on the locational criteria stating that the research paperwork that she has for this evening's meeting show tattoo businesses in other cities are not bound by adult business locational criteria. Discussion was held between Ms. Goodson -Smith and Councilmember Sullivan regarding body piercing regulations from a health point of view and also the proposed ordinance as it would affect her business in its current location. The City Clerk announced that the Council has been provided with a petition from Sarah Kersten listing approximately thirty-seven (37) signatures in opposition to the proposed code amendment regarding tattooing and a petition listing approximately. eight hundred seventy-nine (879) signatures in support submitted by Tracy Goodson -Smith. The City Clerk stated that said petitions are on file at this meeting and in her office. Sarah Kersten, nearby resident, stated her reasons for opposition citing that the establishment is in the wrong location as it is near a school and residential area. She stated that eight businesses had signed herpetition in opposition to the tattoo business. She also stated that there were eighty (80) signatures in opposition rather than the thirty-seven (37) signatures announced by the City Clerk. The City Clerk announced the corrected total, eighty (80), stating that the remainder of the petition had been brought in separately. 214 Page 11 - Council/Agency Minutes - 05/16/94 John Kersten stated that there was too much exposure of tattooing to the children and the residents. He stated that he had always believed the permit process was extensive in Huntington Beach and was surprised when he saw an establishment with Charlie Manson T-shirts in the windows, a modified hearse, and a tattoo and body piercing sign near an area frequented by children, a bus route, a McDonald's and a pre-school. Mr. Kersten. stated that he believed when persons are eighteen (18) years old, they should get a tattoo if they have made that decision and go to an area in which that type business fits, but not because they have been desensitized by seeing it in their neighborhood and believe it is acceptable. He stated that body piercing needs to addressed at the same time as the permit process for tattooing is studied. Rob Nunez, tattoo artist, Sneetches, stated that eighty percent (80%) of the people coming to him request that the tattoos they have had done under improper circumstances be fixed. He spoke regarding the sterile environment and invited Council to visit the shop. Jacqueline Roberts stated that she has reviewed the city staff report on this item and believes all regulations have been met. Scott Sellers, resident, spoke in favor of tattoo establishments and stated that if they are not allowed there is a great risk of problems such as infection and the possible spread of communicable diseases as well. He stated if they are not allowed the unsafe practices will run rampant with the increase in the popularity in the tattoo field. Paul Lee, Sneetches, gave reason why tattoo establishments should be allowed stating they were sterile and sold clothing, jewelry and other products. Paul Casioppo stated that the Cities of Dana Point, Sunset Beach and Laguna Beach have not been diminished by the presence of tattoo establishments. He stated that he agrees that Conditional Use Permits should be required and that calling it an adult business is satisfactory to him as the business is restricted to eighteen (18) years and older. He spoke regarding the people in the armed forces who have been tattooed and continue to be tattooed. There being no one to speak further on the matter, the hearing was closed by the Mayor. A motion was made by Winchell to approve Negative Declaration No. 93-22 and Code Amendment No. 93-6, with findings for approval as set forth on Page two of the Request for Council Action dated May 16, 1994 as follows: Findings for Approval - Code Amendment No. 93-6 1. Code Amendment No. 93-6 will be consistent with the goals and policies contained within the General Plan by regulating the location of tattoo establishments through the use of locational criteria and the requirement of a conditional use permit. 2. Code Amendment No. 93-6 will provide guidelines for the orderly review of the establishment of tattoo establishments through the conditional use permit process. 215 Page 12 - Council/Agency Minutes - 05/16/94 Conditions of Approval - Conditional Use Permit 1. Tattoo establishments shall not be located closer than five hundred (500) foot from any lot zoned or general planned for residential use. 2. Tattoo establishments shall not be located closer than five hundred (500) foot from any lot upon which there is located a church or educational institution frequented. by minors. 3. Tattoo establishments shall not be located closer than one thousand (1,000) foot from any lot upon which there is located any adult business as defined in Section 975 or another tattoo establishment. Mike Strange, Senior Planner/Zoning Administrator, responded to Councilmember Bauer relative to body piercing, stating that it was not addressed in this ordinance. Mr. Strange stated that he was not able to respond regarding the possibility of transmitting disease through the practice of body piercing. The Police Chief answered Councilmember Bauer relative to Ordinance No. 3237 regarding Tattooing Establishment and Operation Regulations to be considered later in the meeting. The Community Development Director spoke regarding the two separate ordinances. He answered Councilmember Bauer regarding the issue of the Certificate of Occupancy to Ms. Goodson -Smith. Councilmember Silva stated that he could support Councilmember Winchell's motion but he would like to see it changed from two hundred (200) foot to two hundred fifty (250) foot as he would like to see it farther away from a residential area. Following discussion the motion was amended by Councilmember Winchell as seconded by Leipzig to read two hundred fifty (250) foot rather than two hundred (200) foot from residential use. Considerable discussion was held regarding locational criteria and Deputy City Attorney Sangster reported on issues relative to locational criteria. Councilmember Leipzig stated that the possible legal aspects made it necessary that he withdraw his second to the motion containing two hundred fifty (250) foot. Councilmember Winchell stated that she would return to her original motion as the second to her motion had been withdrawn and that she would request staff to report back to see if locational criteria could be tightened up in Article 975 for all adult businesses or if they are already as tight as possible. Councilmember Leipzig stated that he would again second the original motion and suggested that the wording be changed from Tattoo Parlor to Tattoo Establishment so persons would not state their business was an establishment and not a parlor and cause the ordinance to be circumvented. He also requested that the code definition include any tattooing service even if it is conducted in other than a freestanding tattoo establishment. 216 Page 13 - Council/Agency Minutes - 05/16/94 Councilmember Winchell stated that she would amend her original motion but under (t) make it tattooing services and add definition of tattooing in the definition section of Division 9 which would be the definition the Council received in the agenda under proposed Ordinance No. 3237 health section, as this would clarify the definition but not make any substantive change. Mike Strange, Senior Planner/Zoning Administrator, suggested using the word tattooing establishment and gave reasons for his recommendation. Following discussion between Councilmember Winchell and Deputy City Attorney Sangster, Councilmember Winchell concurred with (t) Tattooing Establishments and that staff be given direction that the definition of Tattooing Establishment that appears on Page three (3) or seventeen (.17) of the Model Ordinance attached to the Request for Council Action dated May 16, 1994 be brought back in another ordinance to be placed in the Definition Section of Division 9 for presentation to Council. The City Clerk gave Ordinance No. 3236 a first reading by title as amended - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING TATTOO ESTABLISHMENTS TO THE LIST OF PERMITTED USES WITHIN THE C-2, COMMUNITY BUSINESS DISTRICT AND THE C-4, HIGHWAY COMMERCIAL DISTRICT." The original motion made by Winchell, seconded by Leipzig, to adopt Negative Declaration No. 93-22 and Code Amendment No. 93-6 and approve introduction of Ordinance No. 3236, as amended, carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None Amendment to Ordinance to be Prepared Regarding Body Piercing - Distance from Residential Use to be Studied for Report to Council On motion by Leipzig, second Sullivan, Council directed staff to prepare an amendment to Ordinance No. 3236 to address body piercing, and also that the locational criteria be addressed on the impact of establishing a two hundred fifty (250) foot distance from any lot zoned or general planned for residential use as recommended by Councilmember Silva, rather than a two hundred (200) foot distance. The motion carried unanimously. TA FOR PUBLIC ACCESS (800.60) The City Clerk presented a communication prepared pursuant to the April 4, 1994 City Council direction. 217 Page 14 - Council/Agency Minutes - 05/16/94 The Department of Community Development, in cooperation with the City Attorney, Fire, Police and Public Works Departments, has prepared additional information regarding deleting the currently adopted segment of Seapoint Avenue between Palm Avenue and Pacific Coast Highway for public access. The additional information addresses contractual obligations which has been prepared by the City Attorney. The Community Development Department prepared additional information regarding land use, coastal and circulation impacts associated with prohibiting public access on Seapoint Avenue between Palm Avenue and Pacific Coast Highway. The Public Works Department prepared an interim access plan, Attachment No. 4, of the Request for Council Action dated May 16, 1994, which could provide emergency access only from the southern terminus of Seapoint Avenue to Pacific Coast Highway. The Fire Chief prepared additional information regarding the interim emergency access plan. The City Clerk announced a communication from residents of Seacliff on the Greens - Seacliff Estates in opposition and submitting alternative proposals. The Public Works Director reported on the issue of the proposed Seapoint Avenue extension. Deputy City Attorney Sangster sated that the City Attorney's Office has prepared an opinion on the subject. Mr. Sangster proceeded to report on the opinion stating that amending the tract map would be a complex undertaking including an ordinance for procedure and meeting the standards and making the findings required by the Subdivision Map Act. He spoke regarding other issues including the Holly-Seacliff Development Agreement; vested rights, the General Plan and the Environmental Impact Report. Deputy City Attorney Sangster replied to Councilmember Leipzig that the City Attorney Opinion only covered the deletion no alternatives. Discussion was held between Council and Deputy City Attorney Sangster and Jim Otterson, Traffic Engineer. Councilmember Bauer spoke regarding why he was opposed to the proposed street extension. He stated that dire predictions had been made in other cities that had not materialized and that he believed efforts should be made to preserve quality neighborhood life. Councilmember Sullivan stated he would like to know how forthcoming was the developer in telling the people that a major road would go, in front of their housing ond if it was the intent at the time, did the developer put sound mitigation in. Councilmember Sullivan spoke regarding information from the Huntington Beach Tomorrow organization regarding the history of the configuration of Seapoint Avenue; that what was to be Seapoint Avenue was in a considerably different position as much as seven hundred (700) foot to eight hundred (800) foot to the east of its current position. He stated he would like a committee to' be formed to study these issues. The Mayor questioned the City Administrator regarding a' focused study as recommended in the report alternative. 218 Page 15 - Council/Agency Minutes - 05/16/94 Discussion was held regarding the proposed committee and the need for staff and resident involvement. On motion by Sullivan, second Leipzig, Council approved alternative action "B" to direct staff to initiate a focused study which will analyze the prohibiting of public access on Seapoint Avenue from Pacific Coast Highway to the southwestern edge of Tract Nos. 14134 and 14135 as outlined in the Report to City Council dated March 7, 1994, design a long term public safety access road, and appropriate $33,341 from the General Fund balance to accomplish this task. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: None In response to Councilmember Winchell, the Public Works Director stated that he would report on what grading is proceeding. Jim Otterson, Traffic Engineer, reported. Discussion was held by Councilmember Winchell and Fire Chief Dolder regarding occupancy of structures. Robert Eichblatt, City Engineer, reported on the matter. The City Administrator reported. Councilmember Winchell spoke regarding confining the grading for public access requirements only. (City Council) LEASE AGREEMENT BETWEEN COUNTY AND SHELL ONSHORE VENTURES - HUNTINGTON BEACH COMPANY - SHELL GAS PLANT SITE - PROPOSED BOLSA CHICA LINEAR PARK - HOLLY-SEACLIFF DEVELOPMENT AGREEMENT -APPROVED (600.10) The City Clerk presented a communication from the Community Development Director regarding approval of the lease agreement between the County and Shell Onshore Ventures regarding the transfer of the existing Shell Gas Plant site (Parcel 6 in the proposed Bolsa Chica Linear Park) from the Huntington Beach Company directly to the County. The Fire Chief presented a staff report. Discussion was held by Council and staff. 2,19 Page 16 - Council/Agency Minutes - 05/16/94 A motion was made by Leipzig, seconded by Silva, to approve the following: 1. "Pursuant to the Holly-Seacliff Development Agreement No. 90-1 Section 2.2.1(a)(6)(A) the City Council finds the County and Shell Onshore Ventures Lease Agreement, Exhibit A, to be acceptable and permits the transfer of the Gas Plant site, 3.6 acres (a portion of APN 110-230-11), from the Huntington Beach Company directly to the County. 2. Coniunctive Action - IF on May 31, 1994 the Board of Supervisors decline to accept the deed for. the Gas Plant directly from the Huntington Beach Company and decline to enter into a lease agreement with Shell Onshore Ventures contained in Exhibit A the City Council by Motion authorizes the City Administrator and City Clerk to: A. "Accept a Grant Deed, Exhibit B, for the Gas Plant, 3.6 acres (a portion of APN 110- 230-11), directly from the Huntington Beach Company, and B. "Approve and authorize execution, on behalf of the City a "LEASE AGREEMENT, EXHIBIT C, BETWEEN THE CITY OF HUNTINGTON BEACH AND SHELL ONSHORE VENTURES, INCORPORATED, FOR CERTAIN REAL PROPERTY WITH THE FUTURE LINEAR PARK CONTINGENT UPON FAILURE OF COUNTY TO ACCEPT SAME FUTURE LINEAR PARK LAND AND A COUNTY SOVI LEASE". (Authorizes the operation of the Gas Plant through December 31, 1994 and transferring site clean- up responsibilities entirely to Shell Onshore Ventures.) The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (Redevelopment Agency) LEASE AGREEMENT - BETWEEN CLEARVIEW CAPITAL CORPORATION AND ABDELMUTI DEVELOPMENT COMPANY - OFFICE SPACE IN OCEANVIEW PROMENADE - GUARANTEED RENTAL RATE PROVISION OF OWNER PARTICIPATION AGREEMENT - MAIN -PIER REDEVELOPMENT PROJECT AREA - APPROVED (600.30) The City Clerk presented a communication from Redevelopment Director regarding Owner Participation Agreement with Abdelmuti Development Company requires the Agency to subsidize the difference, if any, between the Guaranteed Rental Rate and what is achieved for the office space of the second floor and one half of the third floor of the Oceanview Promenade located at Main Street and Pacific Coast Highway. Redevelopment Agency written approval is required for all leases. The City Clerk announced a communication received and distributed to Council from the Economic Development Department entitled City Council Meeting, May 16, 1994, Item No. F-6 and that copies are available to the public pursuant to the Brown Act. The Economic Development Director presented a staff report using slides. 2 2�0 Discussion was held by Council and staff. Page 17 - Council/Agency Minutes - 05/16/94 A motion was made by Bauer, seconded by Silva, to approve the lease between Clearview Capital Corporation and Abdelmuti Development Company as summarized in the Basic Lease Provisions; authorize Agency Officials (Chairman and Clerk) to execute all necessary documents, if any, as they relate to this action and as approved by the Agency Legal Counsel; and.authorize encumbrances of sufficient funds to meet Agency contractual obligations over the term of the Clearview Capital Corporation Lease. The 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 18, 1994 (City Council) AMENDMENT NO. 1 TO AGREEMENT TO PROVIDE ADDITIONAL WORK.: ERVIN, COHEN AND JESSUP - REVIEW OF BOLSA CHICA ENVIRONMENTAL IMPACT REPORT - CONTINUED TO MAY 18, 1994 (600.10) (City Council) PERSONNEL COMMISSION - RESIGNATION - HARRY BUHLER - APPOINTMENT - R. MICHAEL HARDEN - CONTINUED TO MAY 18, 1994 (110.20) (City Council) TOWN LOT AND OLD TOWN ALLEY IMPROVEMENTS - APPROVE PLANS AND SPECIFICATIONS - ADVERTISE FOR BIDS - CC-850 AND CC-907 - CONTINUED TO MAY 18, 1994 (600.50) (City Council) RESOLUTION NO. 6593 - ANNUAL APPLICATION FOR SB-821 FUNDS - FY 1994-95 - BICYCLE AND PEDESTRIAN FACILITIES - CONTINUED TO MAY 18, 1994 (340.80) (City Council) AMICUS CURIAE BRIEF - BERGER V. CITY OF MORGAN HILL - CONDITIONS ON FINAL SUBDIVISION MAPS - CONTINUED TO MAY 18, 1994 (630.50) (City Council) ADDITION OF NEW NAMES TO MUNICIPAL PIER DONOR WALL - AUTHORIZE EXPENDITURE - CONTINUED TO MAY 18, 1994 (320.45) AVENUE AND MIRAMAR LANE/GREENFIELD LANE AND MAGNOLIA STREET AND EDISON HIGH SCHOOL - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-906 - CONTINUED TO MAY 18. 1994 (600.55) 2,2 I Page 18 - Council/Agency Minutes - 05/16/94 (City Council) REVIEW OF BOLSA CHICA DRAFT ENVIRONMENTAL IMPACT REPORT - AMENDMENT NO. 1 MASTER PLAN OF SEWERS AGREEMENT - KENNEDY JENKS CONSULTANTS, INCORPORATED - CONTINUED TO MAY 18, 1994 (600.10) (City Council) AMENDED PROFESSIONAL SERVICES CONTRACT - ROBERT KAHN, JOHN KAIN AND ASSOCIATES, INCORPORATED - CONSULTING SERVICES - COMPUTER AIDED TRAFFIC MODELING - GENERAL PLAN UPDATE MODELING SUPPORT - PROFESSIONAL LIABILITY INSURANCE WAIVER - CONTINUED TO MAY 18, 1994 (600.10) (City Council) AGREEMENT - JHK AND ASSOCIATES - COMMUNICATIONS DESIGN PROJECT - TRAFFIC SIGNAL MASTER CONTROL AND SURVEILLANCE SYSTEM - CONTINUED TO MAY 18, 1994 (600.10) (City Council/Redevelopment Agency) PROGRAM AGREEMENTS - PARTICIPANT APPROVAL - BRISAS DEL MAR - DOWN PAYMENT ASSISTANCE - PURSUANT TO RESOLUTION NO. 244 - ADOPTED ON NOVEMBER 1, 1993 - CONTINUED TO MAY 18, 1994 (600.10) (City Council) AGREEMENT - PAY TEL, INCORPORATED - PROVIDE NON -CASH COLLECT CALL TELEPHONE SERVICE IN POLICE DEPARTMENT JAIL - CONTINUED TO MAY 18 1994 (600.10) (City Council/Redevelopment Aaency) TELEVISING CITY COUNCIL AND REDEVELOPMENT AGENCY FOURTH MONDAY STUDY SESSIONS - ADJOURNED MEETINGS - CONTINUED TO MAY 18, 1994 (120.10) City Council) ESTABLISH POLICY PROHIBITING BEER SALES BY LOCAL SERVICE CLUBS ON FOURTH OF JULY PARADE ROUTE - CONTINUED TO MAY 18, 1994 (120.10) City Council) ALTERNATIVES - CENTRAL LIBRARY PARKING LOT EXPANSION - TRANSFER OF UNUSED CERTIFICATES OF PARTICIPATION - SOIL REMEDIATION PLANS AT MUSHROOM FARM SITE - CONTINUED TO MAY 18, 1994 (600.65) (City Council) TERMINATION OF AGREEMENT BETWEEN CITY AND STATE OF CALIFORNIA - CITY MAINTENANCE OF STATE HIGHWAYS - CONTINUED TO MAY 18, 1994 (600.20) 22 2. Page 19 - Council/Agency Minutes - 05/16/94 (City Council/Redevelopment Agency) NEGOTIATION OF AMENDMENT TO OWNER PARTICIPATION AGREEMENT - MOHAMMAD AND ADEL ZEIDAN -126 MAIN STREET - MAIN - PIER REDEVELOPMENT PROJECT AREA - PROPOSED REDUCTION OF ULTIMATE RIGHT- OF-WAY - REVISED PRECISE PLAN OF STREET ALIGNMENT - WALNUT AVENUE BETWEEN MAIN STREET AND THIRD STREET - CONTINUATION OF CODE VIOLATION PROSECUTION - CONTINUED TO MAY 18, 1994 (600.30) (City Council) HB CABLE TV-3 - REPLACEMENT OF PHASECOM PLAYBACK EQUIPMENT - CONTINUED TO MAY 18, 1994 (320.45) (City Council) ORDINANCE NO. 3237 - TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS - CONTINUED TO MAY 18, 1994 (640.10) ADJOURNMENT - CITY 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 18, 1994 at 6:30 p.m. in the Council Chamber, Civic Center, Huntington Beach, California. ATTEST: City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 223