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HomeMy WebLinkAbout1994-06-06MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, June 6, 1994 5:00 p.m. adjourned regular meeting held in Room B-8, Civic Center 6:30 p.m. regular meeting held in Council Chamber, Civic Center CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: Bauer, Robitaille STUDY SESSION - JOINT MEETING - CITY COUNCIL/FINANCE BOARD FINANCE BOARD ROLL CALL PRESENT: Scheid, Bohle, Shomaker, Falzon, Voss ABSENT: Rea, Dettloff FINANCE BOARD STUDY SESSION (110.10) Chuck Sheid, Finance Board Chairman, presented the status of the Board stating the material that had been presented to the Finance Board included the overall Beach Master Plan, budget material and issues, and the personnel system meet and confer process. He stated the Board would be reviewing the Water Department infrastructure. Charles Bohle distributed a communication entitled Joint City Council/Finance Board Meeting. He stated the Quality Improvement/Process Improvement Program Joint Steering Committee consisted of Finance Board members Bohle and Dettloff and Councilmembers Bauer and Sullivan. He expressed support for regionalization and privatization and outlined the most advantageous method of working with a consultant for an operational evaluation. Discussion was held between Councilmember Silva and Board members Bohle and Falzon regarding the distinction between a consultant performing an audit and evaluating the processes. Chuck Sheid commented on areas where the City had assumed the responsibilities of other agencies such as CalTrans. He inquired about responsibilities/liabilities of the beach area north of the pier. Gail Hutton, City Attorney, reviewed liabilities pertaining to the area. it Page 2 - Council/Agency Minutes - 06/06/94 Mike Uberuaga, City Administrator, gave a brief summarization stating there were two areas being reviewed - Process Improvement Program (how we do our job). He stated the permitting process would be developed as a sample and that the Quality Service Program would be before Council June 20, 1994. His recommendation was to select two firms. He stated that regionalization was a high priority and that it was important to go forward with the study. ADJOURNMENT - FINANCE BOARD/CITY-COUNCIL The joint Finance Board/City Council meeting was adjourned at 5:45 p.m. (City Council) DISCUSSION HELD REGARDING PUBLIC HEARING - CODE AMENDMENT NO. 92-5 - DOWNTOWN SPECIFIC PLAN CODE AMENDMENT - "VILLAGE CONCEPT" - DOWNTOWN PARKING MASTER PLAN - INTRODUCTION OF ORDINANCE NO. 3239 (450.30) Council discussion was held regarding continuation of the Downtown Specific Plan Code Amendment and the Downtown Parking Master Plan for additional time needed to review. City Attorney Gail Hutton read Government Code Sections 65453 and 65356 in reference to the need to return the item to the Planning Commission for consideration if the item before Council had substantial changes which had not been considered by the Planning Commission. The Director of Community Development stated that minutes, tapes, and notes must be reviewed to determine if substantial issues were involved. Further discussion was held. City Clerk Connie Brockway recommended that if the item was to be continued that it be continued to a date certain. (City Council) DISCUSSION HELD RE: RECLASSIFICATION OF WALNUT AVENUE BETWEEN THIRD STREET AND MAIN STREET - CIRCULATION ELEMENT - ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS (800.10) The City Administrator stated that Richard Harlow, representing a property owner, Mr. Zeidan, had submitted a letter requesting continuation of the item pertaining to reclassification of Walnut Avenue between Third Street and Main Street. CLOSED SESSION The Mayor called a Closed Session pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters - Agency Negotiator: William Osness, Personnel Director and Daniel Cassidy, Esq., Liebert, Cassidy, & Frierson - Employee Organizations: Police Officers Association (POA), Municipal Employees Association (MEA), and Huntington Beach Firemens Association (HBFA). (120.80) 2 Page 3 - Council/Agency Minutes - 06/06/94 The Mayor called a Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party - Walter Grantham v. City of Huntington Beach - Orange County Superior Court Case No. 62 32 76. (120.80) The Mayor called a Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party - Hassav v City of Huntington Beach, Orange County Superior Court Case No.481704. (120.80) The Mayor called a Closed Session pursuant to Government Code Section 54957 to consider personnel matters - appeal of Raymond J. Orlando. (120.80) DEDICATION OF COUNCIL MEETING - D-DAY Mayor Moulton -Patterson announced that on the 50th Anniversary of D-Day the City Council/Redevelopment Agency meeting would be dedicated to the brave men and women who gave so much to save our nation in one of the darkest times in our history. FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION In commemoration of the 50th Anniversary of D-Day, and Memorial Day the flag salute was presented by members of American Legion Post of Huntington Beach. The invocation was given by John Jones, Chaplain VFW Post 7368. CITY COUNCIUREDEVELOPM ENT AGENCY ROLL CALL PRESENT: Silva, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: Bauer, Robitaille Mayor Moulton -Patterson stated that Councilmember Bauer was in Normandy for the D-Day ceremonies. PRESENTATION - H. B. H. S. BOYS VOLLEYBALL TEAM - CIF VICTORIES The Mayor presented a commendation to the Huntington Beach High School Boys Volleyball Team for their "BACK TO BACK" CIF victories, 1993 and 1994. The team was introduced. Page 4 - Council/Agency Minutes - 06/06/94 PROCLAMATION - AMERICAN LEGION POST 133 - ALLIED LANDINGS IN FRANCE - 50TH ANNIVERSARY The Mayor presented a proclamation commemorating the 50th Anniversary of the Allied landings in France on June 6, 1944 to John J. Maxwell, Commander, American Legion Post 133. PRESENTATION - $25,000 - PIER RECONSTRUCTION FUND - PACIFIC COAST HOMES Craig Rice, Vice President of Pacific Coast Homes, presented a check for $25,000 to Mayor Linda Moulton -Patterson. The check fulfills Pacific Coast Homes' contribution commitment for the Pier Reconstruction Fund. PRESENTATION - SECOND ANNUAL VOLUNTEER CONNECTION DAY - BILL SHANE Huntington Beach Volunteer, Bill Shane, Volunteer Connection representative, presented an appreciation gift to Mayor Linda Moulton -Patterson and City Council in recognition of city participation in the Second Annual Volunteer Connection Day (9,000 volunteers rendered 36,000 hours of service at 70 project sites in Orange County). PRESENTATION - JANE FAIR - LITERACY VOLUNTEERS 10TH ANNIVERSARY The Mayor presented a Certificate of Commendation to Jane Fair, President, Literacy Volunteers of America - Huntington Valley, on their 10th Anniversary. COUNCIL LIAISON REPORTS Mayor Moulton -Patterson stated the Council Liaison Reports would be taken out of agenda order and heard at this time and that Code Amendment No. 92-5, the Downtown Specific Plan rewrite and Downtown Parking Master Plan would be considered next. (City Council) PUBLIC HEARING - CONTINUED TO JULY 5, 1994 - CODE AMENDMENT - NO. 92-5 - DOWNTOWN SPECIFIC PLAN CODE AMENDMENT - "VILLAGE CONCEPT" - DOWNTOWN PARKING MASTER PLAN - INTRODUCTION OF ORDINANCE NO. 3239 (450.30) The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment No. 92-5, the Downtown Specific Plan rewrite and Downtown Parking Master Plan. APPLICATION NUMBER: Code Amendment No. 92-5 - Downtown Specific Plan Code Amendment - "Village Concept" and Downtown Parking Master Plan APPLICANT: City of Huntington Beach 0 Page 5 - Council/Agency Minutes - 06/06/94 LOCATION: An area bounded by Goldenwest Street, Pacific Coast Highway, Beach Boulevard ZONE: Downtown Specific Plan REQUEST: To amend the. Downtown Specific Plan for the purpose of scaling down development standards, creating three (3) planning nodes, establishing affordable housing standards and a comprehensive parking management plan. ENVIRONMENTAL STATUS: Covered by the Downtown Specific Plan Environmental Impact Report COASTAL STATUS: Local Coastal Plan Amendment - Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. The City Clerk announced there had been a communication received by Brian Shalley, Vice President of the Huntington Beach Company, regarding proposed Code Amendment No. 92-5 as well as a letter received from Mike Roberts recommending certain changes be incorporated into the code amendment. These are communications that were received after the agenda packets had been distributed and are available at the City Clerk's Office and at this meeting for those persons interested. Assistant City Administrator Silver stated the public hearing pertaining to the Downtown Specific would be continued to July 5, 1995 to allow staff time to review issues that had been discussed during the 5 p.m. Study Session. A motion was made by Winchell, seconded by Leipzig, to continue the public hearing open on Code Amendment No. 92-5, the Downtown Specific Plan rewrite and Downtown Parking Master Plan open to July 5, 1995. The motion carried by the following roll call vote: AYES: Silver, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Bauer (City Council) RECLASSIFICATION OF WALNUT AVENUE BETWEEN THIRD STREET AND MAIN STREET - CONTINUED TO JUNE 20, 1994 - CIRCULATION ELEMENT - ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS (800.10) The City Clerk presented a communication from the Director of Public Works regarding the reclassification of Walnut Avenue between Third Street and Sixth Street as a collector street. Assistant City Administrator Silver stated there had been a communication from the Zeidan representatives of Mr. Zeidan, property owners, requesting to continue the reclassification of Walnut Avenue to June 20, 1994. E Page 6 - Council/Agency Minutes - 06/06/94 A motion was made by Silva, seconded by Sullivan to continue the item pertaining to the reclassification of Walnut Avenue to June 20, 1994. The motion carried by the following roll call vote: AYES: Silver, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Bauer Council Subcommittee Report - Spiking Issue Mayor Moulton -Patterson stated that the Council would like to go on record as being opposed to the practice of spiking, and she requested Councilmember Subcommittee Chairman Sullivan to present a status report. Councilmember Sullivan stated the subcommittee had met three times in Closed Session. He presented a background report and stated the subcommittee would present their findings to Council June 20, 1994. PUBLIC COMMENTS Late Communications Announced by City Clerk Pursuant to the Brown Act provisions, the City Clerk announced the following communications related to Agenda Items were received too late to be included in the agenda packet: Communication from William Holman, Project Manager, dated June 2, 1994, regarding Rough Grading and Precise Grading Plans, Tentative Tract Map No. 14009 Communication from Barbara Lichman, Wagner & Lichman, Law Offices, representing Country View Estates Homeowners Association, dated June 3, 1994, stating concerns regarding Grading of Ellis-Goldenwest Quarter Section Communication from Dr. Duane Dishno, Huntington Beach School District Superintendent, dated June 3, 1994, regarding Grading Issues - Huntington Seacliff School Site The City Clerk stated that the material for the agenda item on the conveyance of property from the Huntington Beach City School District to Seacliff Partners had been redistributed in full to include previous meeting material. She stated these communications were available at her desk. Frank Puccilli showed slides and spoke in support of the item pertaining to the Yorktown Street widening project. Shirley Czimber, Florida/Utica Task Force, spoke in support of the item pertaining to the Yorktown Street widening project and stated she was concerned about the safety of pedestrians, bicyclists, and drivers of vehicles at the Florida/Yorktown intersection due to increased traffic. She stated it would also improve the looks of the neighborhood. Kfl Page 7 - Council/Agency Minutes - 06/06/94 Dave Burris, Florida/Utica Task Force, spoke in support of the Yorktown Street widening project. He thanked Council and Chief Lowenberg for their help. Barbara Lichman, representing Huntington Seacliff Homeowners' Association, expressed her concerns regarding the structures on oil islands and in -fill lots. She stated there were 31 structures built without the conditional use permit being enforced depriving residents of notice and an opportunity to be heard. She spoke regarding building height measurements. She stated she lives in a single-family home and was concerned that owners of single family homes had not had -an opportunity to be heard. She stated she would be deprived of light and privacy by a 35' structure that was not regulated. She requested that the Council amend the code to require conditional use permits for 25' to 35' heights and expedite to the June 20.Council meeting and that there should be a moratorium on building permits until the Council.takes action. Chuck Barbara, Vice President on the Board of Huntington Beach Senior Center, gave tribute to heroic brethren who fell in battle. He spoke regarding city services to senior citizens. Jerry Bame, representing the Koury property, 200 Main Street, who is the lessor on the lease, requested Council approval of the agenda item pertaining to the assignment of least to B.J.'s Chicago Pizzeria. He thanked Assistant City Administrator Silver and Keith Bohr, Assistant Project Manager, who negotiated the lease with BJ's Chicago Pizzeria that saved the city a quarter of a million dollars. Jeanne Collins opposed to ACLU suing schools on behalf of children who due to religious beliefs wear swords to school. She presented material on the school issue to Council and stated she believed in separation of state and church. Patricia Roger-Laude, Huntington Beach Mall Marketing Director, President North Huntington Beach Business Association, spoke in opposition to the proposed swap meet on which Council would be hearing an appeal in the near future. She stated she believed the decision to allow the swap meet was not in the spirit of the new General Plan. She stated it would be a loss of available business space for the next ten years and it would add traffic. She stated there would be a potential for increased vandalism. Ms. Rogers-Laude asked Council to take a second look before they voted, and she stated she would like to schedule a meeting with Council and staff for further consideration. Julie Whittington, Country View Estates Homeowners' Association Secretary, showed a two - minute comparative video of Tract No. 14009 stating there was quite a gradient with the slopes leading to the road. She asked why the land is built up so much higher. She stated the school site is four feet higher than the remaining properties. Ms. Whittington stated there was a need for concrete evidence of intention. Cory Fist, Huntington Beach High School student, spoke in support of the item pertaining the Huntington Beach High School stadium entry and skateboard facility. Kathryn Schwab spoke in support of the agenda item on the skateboard facility. Richard Henderson, Save Our Kids Board of Directors member, recommended that projects be placed for a Measure C vote on the ballot when first planned to avoid a two-year delay. Page 8 - Council/Agency Minutes - 06/06/94 Chris Sileski distributed photographs of graffiti on wall surfaces and toilets at the beach and stated it was a problem and out of control. Jim Williams stated that the event Surf City will bring hundreds of people to Huntington Beach. He stated the City needs more toilets (portable or otherwise) and to service them more often. Arvind Midha stated he lived on the southwest corner of the boundary of Island R and that Lot 9 behind him was not compatible to the neighborhood. He stated there was a 7 foot elevation difference which made the building three stories; that the homes are massive with picture windows on all four sides which would eliminate all privacy in his back yard. He stated there was a drainage problem. Mr. Midha requested that all island lots be treated the same, that conditional use permits be required for heights of 25' to 35', and to stop permits until compatibility issues have been resolved. He thanked the Mayor and City Council. In response to Councilmember Leipzig's inquiry, Arvind Midha stated the 7 foot difference was in elevation and not height of the building. In answer to Councilmember Leipzig's inquiry, Arvind Midha stated the seven feet was in reference to elevation and not to height. Patricia Koch, Business Services Assistant Superintendent for Huntington Beach Union High School District, spoke in support of the proposed item pertaining to the Huntington Beach High School stadium entry and skateboard facility. George Arnold stated that a downtown business was not adequately clean on the outside premises. He spoke in opposition to creating the position of a new Deputy City Attorney. He stated that toilets were needed on the north side of the pier. Steve Olim, member of CBI, presented his views on spiking in regards to city employees. Bill Mello, Citizen's Bureau of Investigation Director, presented his views regarding spiking and conflict of interest. Stan Cohen, Citizen's Advisory Board, presented a history of actions considered and approved for a traffic signal at Delaware and Yorktown beginning in April 1993. He stated that work had not started. Mayor Moulton -Patterson stated the City Administrator would address the issue of the Delaware/Yorktown traffic signal. Lois Vackar, Huntington Seacliff resident, spoke in opposition to the proposed construction of the oil island buildout. She stated the current residents will be living in a fish bowl. She stated she believed that the developer should go back to the drawing board and design houses that are compatible with the neighborhood. 0 Page 9 - Council/Agency Minutes - 06/06/94 Sam Ray stated that every proposed home to be built on Island R is two -stories and overwhelmingly taller than the present homes already built. He stated that would eliminate the privacy he had enjoyed since the 1960's. Kevin Butler requested that the Council investigate the homeless shelter home of on Winslow Drive. He stated there were a large number of persons in residency that resulted in a decrease of life quality for the surrounding neighborhood. Susan Wuckner spoke in opposition to the proposed building on Island R. She stated it was not compatible with the neighborhood, that she was a single parent and would no longer be able in enjoy her serene back yard. Herb Blaylock spoke in opposition to the height of the proposed building on Island R. He requested that Article 911 of the Huntington Beach Ordinance Code be changed to require conditional use permits with any roof height of 25' to 35' and to treat all infilled lots the same. Marilyn Rowe stated she lived in Seacliff in a 1,400 square foot, 3-bedroom home and that all her windows would be facing what looked like a Ritz -Carlton Hotel. Gae Brummett, realtor living in Seacliff, stated he believed the developer was destroying the privacy and view corridors which would lead to decreased property values. He stated this is in total disregard for the integrity of the neighborhood. Roy Brummett, Seacliff resident, stated the builder was not willing to work with the residents and he requested assistance from Council. Gloria Hemsley, Seacliff resident, stated the residents had been meeting with the developer and representatives of the city and had stressed the need for compatibility with the existing neighborhood. She stated she had been led to believe their needs had been considered only to realize they had not been considered when the models were built. Ms. Hemsley stated she needed cooperation and help for developing an ordinance to be agendized June 30, 1994, to review the conditional use permit process and to grant no building permits for the Seacliff area. John Merzweiler, Viet Nam veteran, stated he wanted to extend his deepest respect for past veterans and that he hoped there would be no future veterans. He stated there was a need for more policemen in the downtown area. He stated he is continuing to review campaign contribution schedules for Councilmember Silva and Mayor Moulton -Patterson. Jeff Metzel, Huntington Seacliff Homeowners' Association President, stated he was present to ask Council's help to prevent the proposed construction by modifying Article 911. He stated the homes were too large for the small lots and that the pads were higher than the adjacent pads; the ceiling heights were taller on each floor making the windows higher than normal besides windows being on all sides. Ed Kerins, Huntington Beach Tomorrow Vice President, stated he considered the building on infill lots a total city-wide problem. He requested staff to not accept building permit applications. M Page 10 - Council/Agency Minutes - 06/06/94 Tom Zanic, Seacliff Partners, requested Council approval of the 8.863 acre property conveyance to the Huntington Beach City School District from Seacliff Partners stating they had met with staff, neighbors, and Council and he knew of no reasonable cause not to accept. He stated he would be happy to answer any questions. J. Riley Fowler, Huntington Seacliff resident, stated that from reviewing the tape of the May 6, 1991 Council meeting relative to the Negative Declaration No. 90-28 and special impact conditions and respective mitigation measures he had felt assured that the proposed project would be compatible with the present Huntington Seacliff homes. He stated there was a question of accountability since he does not think the homes are compatible. Gerald Chapman, Countryview Homeowners' Association Vice President, thanked Council for calling a meeting with staff regarding the grading of the school site. He stated there was a suggestion at the meeting that the variances wouldn't be necessary if grading was done on Garfield/Saddleback and to the north at a 4-5% slope from the top of the curb or back boundaries to allow a gentle rise of property. He requested Council to establish that slope or to return the proposed project to the Planning Commission for the variance that was needed to allow it in the first place. Jerry Buchanan, representing Huntington Beach City School District, referred to a letter sent to the City by Dr. Dishno and stated that it was believed that they were meeting the spirit and intent of all grading. He requested Council approval for the item pertaining to the conveyance of 8.863 acres of property to the Huntington Beach City School District. Mary Ann Salamida stated the entire Island B had been raised which makes the pads five foot higher than the land used to be. She stated the homes were not compatible and were intrusive negating the present privacy enjoyed. Chuck Beauregard, Save Our Kids Chairman, stated the youth groups were approaching a crisis situation, and the city should establish the youth as their first priority. He requested that a resolution be passed before any land could be sold and that the city find suitable land for the youth groups. Carrie Thomas, Country View Estates Homeowners' Association, stated the homeowners do not think the grading issue had been resolved. She stated that the homeowners were never notified that the lot variances would be done. Motion to take action on issue of infill lots in lower Seacliff area - Approved Following discussion, a motion was made by Leipzig, seconded by Sullivan, to make a determination that the need to take action on the issue of infill lots in the lower Seacliff area arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Silva, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Bauer, Robitaille Page 11 - Council/Agency Minutes - 06/06/94 A motion was made by Leipzig for a short term moratorium for building permits for in -fill projects that are new construction for thirty days. The motion died for lack of a second. Melanie Fallon, Community Development Director, commented regarding the necessity of an infill ordinance. She stated she could return to Council with a set of guidelines similar to those developed June 1 st but that there was a need for a long term analysis that would take four to six months. Councilmember Leipzig suggested that guidelines accompany the moratorium so that all building on infill lots was not held up for six to nine months. Following discussion between the Community Development Director and Councilmember Leipzig, the City Attorney reported on the difference between resolutions and ordinances in regards to enforcement. She read and commented on the code regarding an urgency measure to protect public safety, health, and welfare to adopt an interim zoning ordinance prohibiting uses which may be in conflict with a contemplated General Plan, Specific Plan, or zoning proposal which the legislative body, Planning Commission, or Planning Department is considering or studying or intends to study with a reasonable time. A motion was made by Leipzig, seconded by Winchell, to post moratorium 45-day period for any development that are in -fill in nature for new construction only that are R-1 residential that do not conform with the intended adopted ordinance which are the guidelines developed by staff. Following discussion, Coucilmember Winchell requested that the motion be repeated. Councilmember Leipzig repeated the motion was for a moratorium for 45 day period on any development of single family residential units on lots abutting any other single family residential units whether R1 in the standard zoning code or any Specific Plan designation that is similar development which does not meet the standards of the guidelines developed so far. City Attorney Gail Hutton clarified time restraints on the proposed moratorium and she requested the motion be adopted pursuant to Government Code 65858 interim zoning emergency measure. Motion for 45-day building moratorium on in -fill lots - Approved The motion made by Leipzig, seconded by Winchell, to post a moratorium for 45 day period on any development of single family residential units on lots abutting other single family residential units whether R1 in the standard zoning code or any Specific Plan designation that is similar development which does not meet the standards of the guidelines developed so far to pursuant to Government Code 65858 carried by the following roll call vote: AYES: Silva, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Bauer, Robitaille Following discussion, the City Attorney stated she understood the motion to mean no building permits for in -fill lots. Councilmember Leipzig stated that was correct. Page 12 - Council/Agency Minutes - 06/06/94 Sea Wall Graffiti - Beach Toilets Report Requested Regarding Yorktown Avenue Traffic Signal And Dial -A -Ride Situation Following comments by Assistant City Administrator Silver, Ron Hagan, Community Services Director; reported on the issue of graffiti on the sea wall. He stated it could be painted over but it would be an expense. He stated portable restrooms would be replaced in the summer months closer to July 4th in order to prevent additional vandalism. Police Chief Lowenberg reported that his recommendation would be to paint over the existing wall with the knowledge that it had to be repeated as needed. Councilmember Winchell requested a report for the July 5th Council to review cost and impact of painting the sea wall, new beach facilities (port -a -potty) and stated that the area needed to be cleaned. She requested that manpower other than staff paint the wall, possibly on a volunteer basis. Mayor Moulton -Patterson suggested youth groups. Assistant City Administrator Silver stated that staff does record all comments received and they are followed up in writing to departments in order to obtain responses for Council. Mayor Moulton -Patterson requested that follow-up be done regarding the traffic signal at Yorktown Avenue and the Dial -a -Ride situation. RECESS -RECONVENE The Mayor called a recess at 9:30 p.m. The meeting was reconvened at 9:50 p.m. (City Council) CLOSED PUBLIC HEARING CONTINUED TO JUNE 20, 1994 - APPEAL BY COUNCILMEMBER DAVE SULLIVAN OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF USE PERMIT NO. 93-90 - SEACLIFF PARTNERS - 18961 GOLDENWEST STREET - 550 FEET NORTH OF GARFIELD BETWEEN SADDLEBACK LANE AND GOLDENWEST STREET - PERIMETER RETAINING WALLS (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider revisions to the city's ordinance code regarding the appeal of the Planning Commission's Conditional approval of Use Permit No. 93-29. APPLICATION NUMBER: Appeal of the Planning Commission's conditional approval of Use Permit No. 93-90 APPLICANT: Seacliff Partners APPELLANT: Councilmember Dave Sullivan 12 Page 13 - Council/Agency Minutes - 06/06/94 LOCATION: 18961 Goldenwest Street (along the northerly property lines of lots 48 through 62 of Tract No. 14009, located 550 feet north of Garfield Avenue between Saddleback Lane and Goldenwest Street. ZONE: Ellis-Goldenwest Specific Plan REQUEST: To permit the construction of up to 6.7 foot high tract perimeter retaining walls topped with up to six (6) foot high block walls (total of 12.0 feet) pursuant to Section 9771 (1) of he Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15305, Class 5 of the California Environmental Quality Act. COASTAL STATUS: Not applicable Melanie Fallon, Community Development Director, presented a staff report. Wayne Carvalho, Assistant Planner, explained the applicant's request using slides and wall drawings. Councilmember Sullivan withdrew his request stating he wished to sustain the Planning Commission decision and he apologized for holding things up. The Mayor declared the public hearing open. Tom Zanic, Seacliff Partners, applicant, explained his request and gave a history of the project recommending approval of the request. Gerald Chapman, Country View Estates Homeowners' Association, explained the request. He expressed his disappointment that less than half of the otherwise necessary variances for the project had been required because of "averaging". He stated he hoped that the Council was sensitive to the grading issues. Barbara Lichman, Attorney at Law, stated that the cut and fill was not done in accordance with the Ellis-Goldenwest Specific Plan and spoke regarding the need for variances. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The City Clerk announced she had received a letter from Mr. Brindle. Communication from William Holman, Project Manager, dated June 2, 1994, re: Rough Grading and Precise Grading Plans, Tentative Tract Map No. 14009 Communication from Barbara Lichman, Wagner & Lichman, Law Offices, and representing Country View Estates Homeowners Association, dated June 3, 1994, stating concerns regarding Grading of Ellis-Goldenwest Quarter Section Communication from Dr. Duane Dishno, Huntington Beach School District and Superintendent, dated June 3, 1994, regarding Grading Issues - Huntington Seacliff School Site 1.3- Page 14 - Council/Agency Minutes - 06/06/94 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. Councilmember Leipzig stated he would like the retaining wall no higher than the Planning Commission approved. He presented questions regarding "averaging" and the Planning Commission's past understanding of it. Howard Zelefsky, Community Development Planning Director, responded to Council questions. Bill Holman, Seacliff Partners, Lots 48, 49, 50 did not require variances. He stated the following lots received variances: No. 51 - 2' fill, No. 52 - 2'4" fill, No. 53 - 27' fill, No. 54 - 3'1" fill, No. 55 - 3'5" fill, No. 56 - 3'9" fill, No. 57 - 37' fill, No. 58 - 4'Y fill, No. 59 - 3'5" fill, No. 60 - 21" fill, No. 61 - 2'1" fill, No. 62 - 1'1" fill. He stated that at the rear of lots the natural grade fell away from average grade. Exposed height is 11'2". In answer to Councilmember Sullivan's inquiry, the Community Development Director stated averaging is done by the middle point of the lot. Steve May, Principal Engineer, Public Works Department, reported. Councilmember Sullivan referred to the memo to Robert Eichblatt, City Engineer, from Steve May, Principal Engineer. Mr. May, Principal Engineer, clarified his memo. Discussion between Councilmember Sullivan and Steve May, Principal Engineer, regarding averaging pad, cut and fill. Councilmember Leipzig stated that building permits should not be pulled until the standards were reviewed and incorporated into an ordinance. A motion was made by Leipzig to continue the decision on the public hearing of Use Permit No. 93-90 to June 20, 1994. Melanie Fallon, Community Development Director, asked for Council direction to ascertain what staff is to accomplish during the time frame between the continuance of the item and the June 20, 1994 Council meeting. Councilmember Leipzig stated that 4.3' should be a standard for the highest retaining wall. He stated his reason for continuing the decision on the public hearing was to allow staff and the applicant the opportunity to discuss that with him. 14 t Page 15 - Council/Agency Minutes - 06/06/94 The motion made by Leipzig, seconded by Moulton Patterson, to continue the closed public hearing of Use Permit No. 93-90 to June 20, 1994 carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Bauer, Robitaille Councilmember Silva- left the Council meeting. (City Council) PUBLIC HEARING - APPROVED - REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - NEGOTIATION FOR PROPERTY ACQUISITION - 704 YORKTOWN AVENUE - YORKTOWN AVENUE WIDENING PROJECT - HOUSING REHABILITATION LOAN PROGRAM - MOBILEHOME PRIORITY (340.70 The Mayor announced that this was the day and hour set for a public hearing to reprogram Community Development Block Grant (CDBG) Funds in the amount of $338,000 from the LOGOS Program, Expansive Soils Project, and Contingency. Barbara Kaiser, Deputy City Administrator/Economic Development presented a communication regarding reprogramming CDBG funds and approval to negotiate for property acquisition for the Yorktown Avenue widening project. Barbara Kaiser, Deputy City Administrator/Economic Development, presented a staff report. The Mayor declared the public hearing open. The City Clerk announced a communication from Frank Puccilli, Huntington Beach Florida/Utica Task Force, regarding Yorktown Avenue Widening Project had been received. Frank Puccilli presented slides and spoke in support of the Yorktown Avenue widening project. Michael Simon, Huntington Beach Union High School District trustee, spoke in support for approval for the pedestrian and bicycle lane stating that he believed it was a dangerous area. Joyce Riddel, Chamber of Commerce President, stated the east/west route leading to the Civic Center was a highly traveled route, that the pedestrians and bicyclists compete for space and that based on safety, she was in support of the Yorktown Avenue widening project. Dianne Easterling, Huntington Beach Tomorrow Director, read a statement on behalf of Huntington Beach Tomorrow and spoke in support of the Yorktown Avenue widening project. She stated she believed it would decrease the number of traffic accidents and improve the quality of life in the area. Barbara Kimbrough, Florida/Utica Task Force, spoke in support of the Yorktown Avenue widening project stating it was a congested and heavily traveled. She stated that although the stop sign has helped, she believed the intersection needed to be rebuilt. 15 Page 16 - Council/Agency Minutes - 06/06/94 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. A motion was made by Winchell, seconded by Leipzig, to approve the reprogramming of $338,000 for two projects: the purchase of land for the Yorktown Avenue widening project with the balance for the Housing Rehabilitation loan program with priority for mobilehome owners and authorize staff to enter into negotiations for property acquisition of 704 Yorktown Avenue. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Bauer, Robitaille (City Council) PUBLIC HEARING - CODE AMENDMENT NO. 91-10 - ENVIRONMENTAL ASSESSMENT NO. 91-32 - PROPOSED ZONING AND SUBDIVISION ORDINANCE - DIVISION 9 REWRITE - CONTINUED OPEN TO JUNE 20, 1994 - APPEAL PROCESS TO BE RETURNED TO COUNCIL (640.10) The Mayor announced that this was the day and hour set for a public hearing to consider the Negative Declaration No. 91-32 - Code Amendment No. 91-10 Zoning and Subdivision Ordinance Rewrite. APPLICATION NUMBER: Code Amendment No. 91-10/Environmental Assessment No. 91-32 APPLICANT: City of Huntington Beach, Department of Community Development REQUEST: Repeal existing Huntington Beach Ordinance Code (Division 9) and establish a new zoning and subdivision ordinance for inclusion in the Huntington Beach Municipal Code. The new ordinance updates the zoning and subdivision provisions by incorporating current planning principles and planning requirements of state law, deleting duplications and conflicts, and streamlining review processing. COASTAL STATUS: An amendment to the Huntington Beach Local Coastal Program Implementing Ordinances will be filed with the California Coastal Commission following adoption by the City Council. Public Hearing Topic for June 6, 1994 TITLE 20: General Provisions Title, Components, and Purpose Organization, Applicability, and Interpretation Definitions Use Classifications 119 Page 17 - Council/Agency Minutes - 06/06/94 TITLE 24: Administration Zoning Permits Conditional Use Permits and Variances; Waiver of Development Standards Design Review Coastal Development Permit Development Agreements Amendments Notices; Hearings, Findings, Decisions and Appeals Enforcement Melanie Fallon, Community Development Director, presented a staff report with slides. She stated this was the first public hearing on the Division 9 Rewrite and that they would continue through August 15. The next public hearing on Title 22 and 25 would be June 20, 1994. The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Sullivan, seconded by Leipzig to approve Titles 20, General Provisions, and Title 24, Administration, of the Proposed Zoning and Subdivision Ordinance rewrite as recommended by the Planning Commission, and continue the public hearing open to June 20, 1994 and to return to Council with added language to the code to clarify the process by which a Director would inform the approving body of any changes made to Conditional Use Permits in a timely manner to allow the appeal process. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Bauer, Robitaille Councilmember Leipzig addressed the provision that would allow a Director to make minor changes to an approved Conditional Use Permit and stated that a provision in the ordinance should be made whereby the Director would report such action to the approving body. Howard Zelefsky, Planning Director, suggested a procedure of having any Director decisions embodied into the Planning Commission Agenda so that any changes to the Conditional Use Permit would be known. He also suggested posting Community Development decisions after they were made to present an opportunity to appeal. Councilperson Winchell stated the report should be given in a timely manner to allow for appeal time in order to be useful. Community Development Director Fallon stated there was a need to review the code and return to Council with additional language that clarifies the procedure. 17 Page 18 - Council/Agency Minutes - 06/06/94 In response to the City Clerk's inquiry pertaining to the motion, it was verified that the previous discussion was part of the motion. Councilperson Winchell stated the returned clarification could be put in the administrative section of the code that pertains to the appeal process. MOTION TO CONTINUE MEETING TO 11:30 P.M. - APPROVED A motion was made by Leipzig, seconded by Sullivan, to continue with prioritized agenda items to 11:30 p.m. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Bauer, Robitaille SPECIAL MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY AND CITY COUNCIL HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY ROLL CALL PRESENT: Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: Silva, Robitaille, Bauer The Clerk/Secretary was directed to read the Call for Special Meeting. CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH FINANCING AUTHORITY Linda Moulton Patterson, Chairman Jim Silva, Director Ralph Bauer, Director Earle Robitaille, Director Grace Winchell, Director Victor Leipzig, Director Dave Sullivan, Director Page 19 - Council/Agency Minutes - 06/06/94 You are hereby notified of a Special Meeting of the Board of Directors of the Huntington Beach Public Financing Authority on Monday, June 6, 1994, at 6:30 P.M. or shortly thereafter in the Huntington Beach City Council Chambers, 2000 Main Street, Huntington Beach, California for the purpose of: (1) considering the issuance and sale by the Authority of its notes under the Marks - Roos Local Bond Pooling Act of 1985, being Section 6584 and following of the California Government Code, in the aggregate principal amount of not to exceed $16,000,000 to finance two loans to the City of Huntington Beach, in the amount of not to exceed $16,000,000 to finance city working capital needs; (2) consideration of the approval of the execution and delivery by the Authority of certain Loan Agreements among the Authority and the City; (3) consideration of the sale of the notes referred to above pursuant to a negotiated competitive bid; and (4) consideration of other documentation and actions in connection with the issuance of said notes and the making of said loans, and to consider the following: sty Council) RESOLUTION NO. 6600 - ESTABLISHMENT OF A NEW FUND - RESERVE FOR ECONOMIC UNCERTAINTIES Communication from Director of Administrative Services regarding establishing a separate fund in the amount of $5 million as the City's reserve. RECOMMENDED ACTION: Adopt Resolution No. 6600 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CREATING A RESERVE FOR ECONOMIC UNCERTAINTY." Dated: May 31, 1994 ATTEST: /s/ Connie Brockway Secretary /s/ Linda Moulton -Patterson Chairman, Huntington Beach Financing Authority I hereby certify that I received the above notice, "Call For Special Meeting of the Huntington Beach Finance Authority, prior to 6:30 p.m., on Sunday, June 5, 1994. /s/ Linda Moulton -Patterson Chairman, Huntington Beach Financing Authority (City Council) RESOLUTION NO 6600 - ADOPTED - ESTABLISHMENT OF A NEW FUND - RESERVE FOR ECONOMIC UNCERTAINTIES (320.10) The Secretary presented a communication from Director of Administrative Services regarding establishing a separate fund in the amount of $5,000,000 as the City's reserve. 19 Page 20 - Council/Agency Minutes - 06/06/94 The Secretary presented Resolution No. 6600 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CREATING A RESERVE FOR ECONOMIC UNCERTAINTY." (City Council/Public Financing Authority) TAX AND REVENUE ANTICIPATION NOTES (TRAM - FY 1994-95 - TO FINANCE WORKING CAPITAL REQUIREMENTS (330.70) The Secretary presented a communication from the City Administrator and Director of Administrative Services regarding Tax and Revenue Anticipation Note financing for FY 1994-95. PUBLIC FINANCING AUTHORITY RESOLUTION NO. 7 - ADOPTED The Secretary presented Resolution No. 7 - "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $16,000,000 TO FINANCE LOANS TO THE CITY OF HUNTINGTON BEACH FOR WORKING CAPITAL PURPOSES." CITY COUNCIL RESOLUTION NO. 6597 - ADOPTED The Secretary presented Resolution No. 6597 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING BORROWING OF FUNDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $16,000,000 FROM THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY TO FINANCE WORKING CAPITAL REQUIREMENTS OF FISCAL YEARS 1993-94 AND 1994-95, AND APPROVING RELATED AGREEMENTS AND MATTERS." Bob Franz, Deputy City Administrator/Administrative Services, presented a staff report. Following discussion, a motion was made by Winchell, seconded by Leipzig, to adopt Resolution No. 7, to approve and authorize the Authority Secretary (City Clerk) to execute the Notice of Intention and Official Notice of Sale for the Tax and Revenue Anticipation Notes, and to adopt Resolution No. 6597. The motion carried by the following roll call motion: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Robitaille, Bauer ADJOURN SPECIAL MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY The Chairman adjourned the special meeting of the Public Financing Authority. 20 Page 21 - Council/Agency Minutes - 06/06/94 Urgency Ordinance No. 3240 Read Into Record - Infill Moratorium - Building Permits The City Attorney stated she would read Ordinance No. 3240 into the record., She stated it had been adopted earlier in the Council meeting. She read as follows: Urgency Ordinance No. 3240 - "AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH IMPOSING A MORATORIUM ON THE ISSUANCE OF IN -FILL, SINGLE FAMILY, LOW DENSITY, NEW CONSTRUCTION BUILDING PERMITS." SECTION 1 That the Huntington Beach -Municipal Code is hereby amended pursuant to Government Code Section 65858(a)(c). SECTION 2. The City Council of the City of Huntington Beach does hereby ordain as follows: There is a current and an immediate threat to the public health, safety and welfare and that the approval of additional building permits for in -fill, single family, low density, new construction which is required in order to comply with a zoning ordinance would result in that threat to the public health, safety and welfare. SECTION 3. A moratorium on issuance of such building permits is hereby imposed for 45 days. SECTION 4. This interim ordinance shall become effective immediately according to the authority of Government Code Section 65858(a)(c) and Huntington Beach City Charter Section 501. Passed and adopted by the City Council of the City of Huntington Beach at a regular meeting thereof on the 6th day of June, 1994. The City Attorney stated that Ordinance No. 3240 is an urgency ordinance as well as an interim ordinance. CONSENT CALENDAR - ITEMS REMOVED Councilmember Sullivan requested that the item pertaining to the Settlement Agreement and Mutual Release of Claims - Julie Ford, be removed from the Consent Calendar for separate discussion. CONSENT CALENDAR - ITEMS APPROVED On motion by Leipzig, second Sullivan, Council approved the following items, as recommended, by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Bauer, Robitaille (City Council/Redevelopment Agency) MINUTES - ADOPTED - Approved and adopted minutes of the Council/Agency adjourned regular meeting of April 25, 1994 as written and on file in the Office of the City Clerk. 21 Page 22 - Council/Agency Minutes - 06/06/94 (City Council) AGREEMENT - APPROVED - JHK AND ASSOCIATES - COMMUNICATIONS DESIGN PROJECT - TRAFFIC SIGNAL MASTER CONTROL AND SURVEILLANCE SYSTEM (600.10) - Approved the selection of JHK and Associates to prepare a communications network study and design the appropriate communications links to existing and future traffic signals, and approved the Professional Services Contract between the City of Huntington Beach and JHK and Associates for Traffic Engineering Consulting Services, authorized the Mayor and City Clerk to execute same, and authorized the Director of Public Works to expend $35,000.00 to cover contract costs of $33,991.53 and anticipated change orders of $1,008.47. (City Council) RESOLUTION NO. 6594 - ADOPTED - SETS PUBLIC HEARING FOR JULY 5, 1994 TO CONSIDER STREET VACATION - PORTION OF ISLAND BAY LANE NORTH OF PALM AVENUE - PACIFIC COAST HOMES - TRACT NO. 14244 (800.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF ISLAND BAY LANE NORTH OF PALM AVENUE". (City Council) PROPERTY ACQUISITION - APPROVED - PORTION OF PARCEL AT 705 YORKTOWN AVENUE - ACCEPTED EASEMENT DEED - RELOCATED TENANTS - DEMOLITION OF RESIDENCE & ASPHALT WALK CONSTRUCTION - YORKTOWN STREET WIDENING PROJECT - FROM DELAWARE STREET TO BEACH BOULEVARD - CC-884 (650.20) - Authorized the Director of Real Estate Services to acquire for the City a portion of the parcel at 705 Yorktown Avenue and relocated tenants for an amount not to exceed $127,000; and authorized the City Clerk to accept the easement deed on behalf of the City; and authorized the Director of Public Works to advertise the demolition of the residence and construction of asphalt walk at 705 Yorktown Avenue and solicit bids for the work, in anticipation of the Yorktown Street Widening Project, from Delaware Street to Beach Boulevard, CC-884. (City Council) AMENDMENT NO. 2 - COOPERATIVE AGREEMENT C-92-422 - APPROVED - BEACH BOULEVARD SMART STREET PROJECT - CC-784 (650.20) - Approved Amendment No. 2 to Cooperative Agreement No. C-92-422 between Orange County Transportation Authority and City of Huntington Beach and authorized the Mayor and the City Clerk to execute the amendment which increases the reimbursement to the city by $10,000 and extends the agreement expiration time from June 30, 1994 to June 30, 1996. 22 Page 23 - Council/Agency Minutes - 06/06/94 (City Council) BID AWARD - BUILDING ENERGY CONSULTANTS - STREET LIGHTS FOR CALIFORNIA AND HUNTINGTON STREETS - CC-904 - APPROVED (600.50) - Accepted the low bid submitted by Building Energy Consultants, of Nipomo, California; authorized the execution of the construction contract for street lights for California and Huntington Streets in the amount of $84,725; authorized the Director of Public Works to expend $160,000 to cover contract costs of $84,725, estimated construction change orders of $9,000, and anticipated supplemental expenses of $66,275 for the Construction of Street Lights for California and Huntington Streets, CC-904, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Building Energy Consultants $ 84,725 Reginald General Contractors 85,500 Hood Corporation 94,911 FJ Johnson 101,794 B & B Electric 116,553 Steiny & Company 201,500 (City Council) BID AWARD - APPROVED - HONDO COMPANY - HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY & SKATEBOARD FACILITY - CC-886 (600.80) - Accepted the low bid submitted by Hondo Company for the Huntington Beach High School Stadium Entry and Skateboard Facility, C-886; and authorized the Director of Public Works to expend $215,000 to cover contract costs of $192,730.78, anticipated construction Change Orders of $19,270, and supplemental expenditures of $2,999.22, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Base Bid Hondo Company $192,730.78 Bo Park Enterprises $193,024.78 United Builders 193,346.90 Civil Works 197,506.30 Gillespie Construction 198,995.35 Damon Construction 256,984.05 Additive Alt. $ 6,336.00 6,336.00 7,603.20 25,344.00 6,969.60 6,969.60 Total Bid $199, 066.78 199,360.78 200,950.10 222,850.30 205,964.95 263, 953.65 Citv Council) AMENDMENT NO. 2 TO AGREEMENT NO. D92-010 - APPROVED - COUNTY OF ORANGE - SEISMIC RETROFITTING OF FOUR BRIDGES WITHIN IN THE CITY - CC-825 (600.25) - Approved Amendment No. 2 to Agreement No. D92-010 allowing the County to administer the seismic retrofitting of four city bridges during the period of construction. Extended agreement from March 31, 1994 to December 31, 1994. (1) Admiralty Drive/Queen Elizabeth Passage (2) Davenport Drive/Weatherly Channel (3) Gilbert Drive/Shelter Channel (4) Humboldt Drive/Short Channel. 23 Page 24 - Council/Agency Minutes - 06/06/94 (City Council) RESOLUTION NO. 6595 - ADOPTED - OFFICE OF CRIMINAL JUSTICE PLANNING GRANT - CITY'S PARTICIPATION - CAREER CRIMINAL APPREHENSION PROGRAM - REQUEST APPROVAL OF APPROPRIATIONS (340.80) - "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO CONTINUE PARTICIPATION IN THE CAREER CRIMINAL APPREHENSION PROGRAM". (In conjunction with Police Departments of Irvine, Newport Beach, Fountain Valley, Seal Beach, Westminster and Orange County Sheriff's Department. (City Council) 1993-94 ANNUAL REPORT - APPROVED - HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT - RESOLUTION NO 6596 - ADOPTED - INTENTION TO LEVY ANNUAL ASSESSMENT FOR 1994-95 FISCAL YEAR - PUBLIC HEARING SCHEDULED JUNE 20, 1994 (460.30) 1. Approved the Huntington Beach Auto Dealers Business Improvement District Annual Report for 1993-94; 2. Adopted Resolution No. 6596 - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 1994-95 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT"; 3. Directed the City Clerk to schedule a public hearing to be held on June 20, 1994 and send copies of the Resolution, Business Improvement District Boundary Map and assessment formula to each business to be assessed sty Council) AMICUS CURIAE BRIEF - APPROVED - PEOPLE OF THE STATE OF CALIFORNIA, EX REL. SAN JOSE CITY ATTORNEY'S OFFICE V ACUNA, ET AL (CRIMINAL STREET GANGS) (630.50) - Joined in an amicus brief supporting the City of San Jose's use of a general nuisance law to limit specified activities of named members of criminal street gangs. sty Council) RESOLUTION NO. 6598 - ADOPTED - DESIGNATION OF CULTURAL SERVICES DIVISION AS AN OFFICIAL LOCAL ARTS AGENCY (900.10) - Designated the Cultural Services Division of the Community Services Department as the city's Local Arts Agency and adopted Resolution No. 6598 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BREACH DESIGNATING THE CULTURAL SERVICES DIVISION OF THE COMMUNITY SERVICES DEPARTMENT AS THE LOCAL ARTS AGENCY." Page 25 - Council/Agency Minutes - 06/06/94 (City'Council) AMENDMENT NO. 1 TO AGREEMENT BETWEEN CMI ENGINEERING CONSULTANTS AND CITY - APPROVED - RESERVOIR HILL BOOSTER STATION . INSPECTION SERVICES - CC-534 - APPROVED (600.10) - Authorized the Director of Finance to amend the current year Water Division Capital Improvement Budget for the Reservoir Hill Booster Station, CC-534, by appropriating an additional $59,800 for construction management and inspection; authorized the Mayor and City Clerk to execute Amendment No. 1 to Agreement Between the City of Huntington Beach and CMI Engineering Consultants for Construction Management and Inspection Services Regarding the Reservoir Hill Booster Station; and authorized the expenditure of an amount not -to -exceed $59,800 for this additional construction management and inspection. (City Council/Redevelopment Agency) SETTLEMENT AGREEMENT & MUTUAL RELEASE OF CLAIMS - APPROVED - JULIE FORD (600.70) - Approved the agreement and authorized the Executive Director and Clerk to execute said agreement on behalf of the Agency and the City and appropriate sufficient funds to pay the purchase price and close escrow. (for tenant's right, title and interest to mobile home located at Ocean View Estates 1) ($68,000). (City Council) STAFFING FOR WEEKEND CLEANING OF DOWNTOWN AREA - APPROVED - PUBLIC RESTROOMS/PARKING STRUCTURES/SIDEWALKS - SUMMER TRIAL PROGRAM (810.10) - Approved the implementation of a summer trial program for a contract maintenance crew to pick up trash and clean the public rest rooms, parking structure and sidewalks from 7:00 p.m. to 1:00 a.m. on Friday and Saturday nights in the downtown area; and approved an amendment to the current year budget by appropriating $4,900 from the General Fund Unappropriated Fund Balance to Account No. E-AA-CS-343-3-90-00 for the purpose of establishing a summer trial program to clean the downtown. (City Council) STATEMENT OF UNDERSTANDING WITH CALIFORNIA HIGHWAY PATROL - APPROVED - FOURTH OF JULY - SUPPLEMENTAL POLICE SUPPORT (320.45) - Approved an amendment o the current year budget by appropriating $8,000 to cover the costs of supplemental police coverage by the California Highway Patrol on July 4, 1994 and authorized the expenditure of an amount not to exceed $8,000 to cover the costs per the attached Statement of Understanding contained in the Department of California Highway Patrol letter dated May 19, 1994, and approved the Chief of Police as the authorized Signatory to said Statement of Understanding (City Council/Redevelopment Agency) ASSIGNMENT OF KOURY LEASE TO BYS CHICAGO PIZZERIA - APPROVED - ACCEPTANCE OF COVENANT AND LIEN FOR IN -LIEU PARKING FEE - MAIN -PIER REDEVELOPMENT PROJECT AREA In response to Councilmember Leipzig's inquiry, Barbara Kaiser, Deputy City Administrator, Economic Services, stated that agreement had been reached pertaining to the in -lieu parking mechanism. 25, Page 26 - Council/Agency Minutes - 06/06/94 1. Approved and authorized the Chairman and Clerk to execute the Assignment of Lease of Unit No. 101, 200 Main Street Between the Redevelopment Agency of the City of Huntington Beach and Chicago Pizza Associates, Inc. 2. Approved Covenant for Payment of In Lieu Parking Fee, Stipulation of Lien Between the City of Huntington Beach and Robert Koury, and authorize execution by the Mayor and City Clerk. 3. Approve appropriation of funds by the Agency of an in -lieu parking fee of $108,000 (as adjusted yearly by the Consumer Price Index [CPI] on behalf of BJ's Chicago Pizzeria, located at 200 Main Street, Suite 101, subject to the terms and conditions outlined in the RCA dated June 6, 1994. (600.30) Terms and Conditions 1. The property owner, Robert Koury, must obtain a CUP for 200 Main Street, Suite 101, requiring payment of an in -lieu parking fee. (completed) 2. The parking fee for BJ's Chicago Pizzeria is $6,000/space for 18 spaces, as set by the City Council. 3. The first annual installment of the fee will be paid by the property owner prior to building permit for tenant improvements being issued by the city's Building division. 4. The payment is the responsibility of the property owner and will be made in annual payments of $400/space, over 15 years. Such payments will be made annually upon the anniversary date of the Certificate of Occupancy. A covenant and lien will be placed on the property for the balance of funds due to ensure future payment. In accordance with the resolution, the fee will automatically increase each July 1, by the amount of percentage increase in the Consumer Price Index, as determined by the City Treasurer. 5. The number of spaces for which the fee maybe paid is limited to 18 spaces, as required under the CUP. 6. This action by the Redevelopment Agency will constitute approval of BJ's Chicago Pizzeria by the Agency of its commitment to pay $108,000 in parking fees to match payment by BJ's Chicago Pizzeria of its $108,000 fee requirement. The Agency fees will be paid to the city at the time of actual construction/acquisition/development of downtown parking spaces. 7. The fees collected shall be deposited into a dedicated parking fund to be used for creating opportunities for additional parking (i.e. valet, restriping) or construction of surface or structured parking in the downtown area. 26 Page 27 - Council/Agency Minutes - 06/06/94 (City Council) CONTINUED TO JUNE 20, 1994 - AGREEMENT - LIBRARY COMPUTER SYSTEM - PURCHASE AND MAINTENANCE AGREEMENT GEAC - WAIVER OF ERRORS AND OMISSIONS INSURANCE (600.10) The City Clerk presented a communication from the City Administrator regarding the purchase and maintenance agreement for integrated library computer system. A motion was made by Leipzig, seconded by Sullivan, to continue to June 20, 1994 the item pertaining to the Library Computer System. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Bauer, Robitaille (City Council) CONTINUED FROM MAY 2, 1994 - CONVEYANCE OF 8.863 ACRES OF PROPERTY TO THE HUNTINGTON BEACH CITY SCHOOL DISTRICT FROM SEACLIFF PARTNERS - HOLLY-SEACLIFF DEVELOPMENT AGREEMENT (600.10) The City Clerk presented a communication from the Community Development Director regarding the transfer by Seacliff Partner of 8.863 acres of property to the Huntington Beach City School District. The City Clerk presented the following communications pertaining to rough grading and precise grading plans from the following persons: William Holman, Project Manager, dated June 2, 1994. Barbara Lichman, Wagner & Lichman, Law Offices, representing Country View Estates Homeowners Association, dated June 3, 1994. Dr. Duane Dishno, , Huntington Beach School District Superintendent, dated June 3, 1994. Melanie Fallon, Community Development Director, presented a staff report. She referred to Dr. Dishno's letter. Steve May, Principal Engineer/Public Works, reported that the Huntington Beach City School District had faxed the plan to the city and that it was a gentle transfiguring with no abrupt slopes. A motion was made by Sullivan, seconded by Leipzig, to approve the request by Seacliff Partners to convey 8.863 acres of property to the Huntington Beach City School District and formally accept the Seacliff Partners letters dated March 25 and April 20, 1994. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Bauer, Robitaille Page 28 - Council/Agency Minutes - 06/06/94 (City Council) ALTERNATIVES - CENTRAL LIBRARY PARKING LOT EXPANSION - TRANSFER OF UNUSED CERTIFICATES OF PARTICIPATION - SOIL REMEDIATION PLANS AT MUSHROOM FARM SITE (600.80) The City Clerk presented a communication from the Public Works Director, Deputy City Administrator, and Library Services Director presenting recommendations to Council related to the Central Library Parking Lot Alternatives. A motion was made by Winchell, seconded by Sullivan, to: 1. Approve the appropriation of $940,000 to complete the Central Parking Lot expansion Project. 2. Approve the transfer of $940,000 of unused Certificates of Participation (C.0.P.$) to the Library Service Fund to complete this project. 3. Authorize staff to proceed with the proposed soil remediation plan for the contaminated soil that has been placed on the Mushroom Farm site. 4. Authorize staff to proceed with the Central Library Parking Lot Expansion Project with the configuration as originally developed (Alternative A). The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Bauer, Robitaille (City Council) RESOLUTION NO. 6599 - CONTINUED TO JUNE 20, 1994 - THREE MONTH BUDGET AMENDMENT - FIFTEEN MONTH FISCAL YEAR (320.20) The City Clerk presented a communication from Director of Administrative Services transmitting Resolution No. 6599 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE BUDGET FOR THE CITY FOR FISCAL YEAR 1993/94." By consensus of the Council the item pertaining to Resolution No. 6599 was continued to June 20, 1994. (City Council CREATION OF NEW DEPUTY CITY ATTORNEY 1 POSITION - CONTINUED TO JUNE 20, 1994 (700.10) The City Clerk presented a communication from the City Attorney regarding the need for a tort defense attorney to assist the City Attorney's office and provide cost saving in-house tort, (civil and grievance actions), litigation defense of city cases. 28 Page 29 - Council/Agency Minutes - 06/06/94 By consensus of the Council the item pertaining to Resolution No. 6599 was continued to June 20, 1994. sty Council) ORDINANCE NO. 3238 - ADOPTED - POOL AND BILLIARD HALLS (640.10) The City Clerk presented Ordinance No. 3238 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.32 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW SECTION 9.32.130 THERETO ESTABLISHING A DEFINITION POOL AND BILLIARD HALLS." Police Chief Lowenberg presented a staff report. On motion by Moulton -Patterson, second Winchell, Council adopted Ordinance No. 3238, after reading by title, by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Bauer, Robitaille MOTION FOR POLICY DIRECTION TO STAFF REGARDING GRADING ISSUES TO BE SENT TO PLANNING COMMISSION - APPROVED (120.10) The City Clerk presented a communication from Councilmember.Leipzig`requesting the establishment of a new Council policy requiring Planning Commis_sion-review'and approval -of any grading or stockpiling which involves 25•,000 cubic yards or more.of import or exportprior to the issuance of the grading or stockpile permit. Councilmember Leipzig suggested direction to staff to route certain applications to Planning Commission rather than taking upon themselves the decision. Melanie Fallon, Community Development Director, stated the direction could be incorporated in the new zoning ordinance to be adopted in September. A motion was made by Leipzig, seconded by Winchell, to give policy direction to staff in regard to grading or stockpiling which involves 25,000 cubic yards or more of import or export to go to the Planning Commission prior to the issuance of the grading or stockpile permit. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva, Bauer, Robitaille 99 Page 30 - Council/Agency Minutes - 06/06/94 Youth Activities Report Requested Councilmember Winchell stated she would like Council to be apprised of how staff is working with Chuck Beauregard relative to youth activities. The City Administrator stated he would return to Council with a report. 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, June 20, 1994, at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. ATTEST: City ClerkJClerk 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 30,