HomeMy WebLinkAbout1994-07-18MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, July 18, 1994
There was not a quorum of the City Council present so the following Council members met
informally with the members of the Huntington Beach Library Board: Mayor Moulton -Patterson
and Councilmembers Bauer and Sullivan.
LIBRARY BOARD ROLL CALL:
PRESENT: Hawley, MacDonald, Kuperberg, Silverman, Cohen (arrived at 5:35 p.m.)
ABSENT: Hansen, Borowiec
Informal discussion was held between the three Councilmembers present and the members of the
Library Board.
The following Study Session was not held:
Study Session - Code Amendment No. 91-10 - Environmental Assessment No. 91-32 -
Proposed Zoning and Subdivision Ordinance - Division 9 Rewrite (640.10)
TITLE - 21
Chapter 213
Chapter 214
Chapter 215
CLOSED SESSION
Open Space
Public -Semipublic
Specific Plan
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, Personnel Director,
and Daniel Cassidy, Esq., Liebert, Cassidy and Frierson, regarding Labor Relations Matters -
Meet and Confer regarding the following employee organizations: Police Officers Association
(POA), Municipal Employees Association (MEA), and Huntington Beach Firemens' Association
(HBFA). (120.80)
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 - Bloom v. City,
Redevelopment Agency - OCSCC 671306. (120.80)
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 - City v. McDonnell
Douglas - USDCC SACV 94-29 LHM. (120.80)
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RECESS -RECONVENE
The Mayor called a recess of Council/Redevelopment Agency. The meeting was reconvened in
the Council Chamber.
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
PRESENT: Bauer, Moulton -Patterson, Winchell, Sullivan, Silva (arrived at 8:15 p.m.)
ABSENT: Robitaille, Leipzig
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Moulton -Patterson.
Report by Police Chief Lowenberg Regarding the Fourth of July Activities
Mayor Moulton -Patterson requested the Police Chief to present an update on the Fourth of July
activities in the city.
Police Chief Lowenberg reported regarding a summary of the Police Department planned
activities for the Fourth of July weekend, Police Department training for crowd control and stated
that tactics followed state guidelines. He explained the complaint process and stated that claims
were referred to the professional standards division, and encouraged citizens who are
uncomfortable with coming to the Police Department with complaints to contact the Orange
County Human Relations Commission. The Police Chief stated that a fact sheet was distributed
to the City Council.
Late Communication Regarding Down Payment Assistance Loan Program Announced by
City Clerk
The City Clerk announced that the following late communication was received and distributed to
Council and was available at her desk to the public from Westin Mortgage pertaining to the Down
Payment Assistance Loan Program.
PUBLIC COMMENTS
Terry Junking spoke regarding the difficulties he has encountered in transferring his business
entertainment permit into his partner's name. He gave reasons why he did not believe a new Use
Permit and fee should be required.
Tony Stevens spoke regarding the difficulties he has encountered in transferring the
entertainment permit at his restaurant. He handed documents to the Sergeant -at -Arms regarding
this matter.
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The City Clerk stated that copies of the communication are available to the public at her desk.
Lori Williamson, ERA Sterling Real Estate representative, informed Council of the Muscular
Dystrophy Association fund-raising event to be held at the Waterfront Hilton.
Terri Britt spoke in support of the Police Department on the Fourth of July weekend. He stated he
believed all applicable laws should be enforced all year long such as curfew, closing down Main
Street on weekends and empowering police officers.
Michael Capoccia spoke in support of the Police Department on the Fourth of July weekend. He
spoke regarding the media coverage. He asked what plans for prevention next year were being
made and presented recommendations of what is done in cities such as Palm Springs and
Newport Beach, regarding limiting access to the celebration area to downtown residents only after
6:00 p.m. on July 4, 1995 and beyond with the fireworks area to be open to all visitors, to stop or
limit all liquor purchases in the downtown area and restrictions on yard parties.
Patricia Bushman, controller of Sunline Surfboards Incorporated, owner.of Electric Chair Stores,
stated she was following up on a letter to the Planning Department which she had written
regarding her Use Permit for the Pierfest weekend which had been granted with very strict
conditions; unlike the permit which was granted to Jack's Surfboards. She gave examples
relative to how Jack's Surfboard permit process was treated differently than hers. She requested
a city employee be assigned to more fairly deal with their permit process.
Bill Kelly described the cable boxes that Paragon Cable TV plans to install on residential property.
He showed a box the approximate size of the cable box. He presented reasons in opposition and
stated that the homeowners have alternative locations. He also spoke in opposition as to the
manner in which Paragon notified the property owners. He requested that Council halt the
installation until alternative locations can be discussed with Paragon.
The City Administrator spoke regarding the efforts he and Councilmember Sullivan had made and
stated that the city had received a lengthy letter from Paragon. He stated that the City Attorney
had been asked to report on the matter and that Paragon had advised him that they had a right to
proceed.
Discussion was held between Mr. Kelly, Councilmembers Sullivan and Bauer and the City
Engineer regarding the issue.
Councilmember Bauer suggested that a Council Committee meet with Paragon and perhaps the
City Engineer.
Robert Soto spoke in opposition to the cable boxes and questioned why the boxes could not be
placed underground.
Councilmember Sullivan spoke regarding Paragon's explanation of the reason why the cable was
not to be put underground.
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Wally Van Cott, Council on Aging representative, congratulated Council on their stand regarding
the discontinuance of Dial -A -Ride. He stated that the efforts to retain Dial -A -Ride had failed but
Council had raised awareness of problems with senior transportation. He spoke regarding the
Council on Aging transportation surveys which are available at the Senior Center and City Hall
Lobby desk.
Vicki Kain spoke regarding persons cutting fish on the pier benches and leaving no place for
people to sit on the pier.
George Arnold spoke in opposition to the beach being closed at night.
Teddi Alves, Citizens Bureau of Investigation (CBI), spoke regarding employee labor contracts
approved during the recession and cited provisions of the contracts. She spoke regarding the
side letters being stored off -site and not in the City Clerk's Office.
Jim Bridges, CBI representative, spoke regarding the last vote of the City Council on the
retirement issue.
Steve Olim, CBI representative, spoke regarding what he believed would be a mechanism to stop
the spiked portions of pensions stating that the Acting Chief Counsel of PERS should be
contacted. He also referred to the letter dated January, 1992 to Councilmember Silva from the
PERS Audit Division.
Leon McKinney, CBI representative, gave reasons why he opposed portions of the Police
Department Gun Range Lease. He suggested it be opened to competitive bids. He questioned
who carries the liability insurance coverage. Mr. McKinney spoke regarding the apportioned cost
per individual citizen for the pension spiking.
Jim Ball, CBI representative, stated his disappointment in Council's last vote on the pension
spiking issue. He recommended that the Council advise that any legal costs to the city would
come out of the next contract.
Michelle Moriyama stated that she believed the Community Development Department was going
to return to the community to get input regarding Bartlett Park scheduled later on the agenda.
She requested that neighborhood input be solicited.
The Community Services Director was requested by Mr. Uberuaga to report.
The Community Services Director stated that the recommendation was to continue along with the
negotiation process to put a project together for another year and that over the next couple of
years the city would be working with the community to put together a project the community would
like.
Perri Newell addressed Council in opposition to the agenda item relative to Bartlett Park. She
questioned the communication process as the neighborhood was not aware of what was going
on. She requested that the city work with the residents and keep the residents involved.
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Philip Smith stated his opposition and concerns relative to the Bartlett Park agenda item. He
stated that he cannot find anyone who is keen for a golf course. He stated opposition to trading
seventeen acres of potential park land for four acres of a developed park and that he would much
rather see native habitat for animals and birds and is low maintenance. He stated that other
sports were not subsidized.
The Community Services Director reported that the Park Development Committee of the
Community Services Commission would be the vehicle which would be used to communicate with
the residents of the neighborhood. He spoke regarding the proposed site and the significant
need for a golf course.
Councilmember Bauer spoke regarding the need to respond in a meaningful way to the residents.
William Evors, Niccole's Ristorante representative, explained the type of entertainment permit
they are requesting for Niccole's stating that he did not believe it would interfere with the
residents.
Ed Kerins, Huntington Beach Tomorrow representative, addressed Council regarding the agenda
item relative to the Huntington Beach Police Officers Association operation of the Police/Private
Gun Range in Central Park. He requested that Council defer action and revisit the Central Park
Master Plan. He gave reasons including noise intrusion and safety concerns and stated that the
city should not have to provide for the needs of other agencies.
Jim Martin expressed his concerns relative to the proposed gun range and stated he agreed with
everything the previous speaker said. He cited the noise problem. He stated that he believed
seven days a week operation was too much. He spoke regarding guns pointing at the library and
rounds falling at the library parking lot.
Discussion was held between Councilmember Sullivan and Mr. Martin regarding the four hundred
students he had stated come in on the weekends to use the range.
Councilmember Silva arrived at the Council meeting at 8:15 p.m.
Manny Rothstein spoke in favor of the public portion of the proposed Gun Range Lease between
the city and the Huntington Beach Police Officers Association, giving reasons including that he
believed it provided a place for safe gun handling, training and encourages the formation of
shooting groups and team sports as was the case when they had weekly league shoots.
COUNCIL COMMITTEE/COUNCIL LIAISON REPORTS
Bolsa Chica Linear Park
Mayor Moulton -Patterson reported that the California Coastal Commission approved Phase I of
the Bolsa Chica Linear Park and also the Beach Improvements with the deletion of the proposed
two hundred forty-six (246) space parking lot.
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Pier Plaza
The Mayor stated that the item regarding the Pier Plaza had been postponed by the Coastal
Commission until September for further information.
CITY ADMINISTRATOR'S REPORT
Pacific Coast Highway - Six Lanes - Further Report To Be Presented
The City Administrator reported that the Orange County Transit Authority (OCTA) would like a
decision on six lanes versus four lanes on Pacific Coast Highway between Beach Boulevard and
Goldenwest Street. He stated that he had copied OCTA and the Coastal Commission on letters
he had sent regarding replacement parking on Pacific Coast Highway being put in on a later date.
The City Administrator stated that he will write Cal -Trans again as the city has not received a
response and would report back to Council.
City Budget
The City Administrator reported on the schedule for the proposed budget and stated that he
would like to present a report on his proposals next Monday. He spoke regarding meetings he
planned to schedule with the city employees and the Housing and Community Development
Citizens Advisory Board.
(City Council) CONTINUED OPEN FROM JULY 5, 1994 - PUBLIC HEARING - CODE
AMENDMENT NO. 91-10 - ENVIRONMENTAL ASSESSMENT NO. 91-32 - PROPOSED ZONING
AND SUBDIVISION ORDINANCE - DIVISION 9 REWRITE - PUBLIC HEARING CONTINUED
OPEN TO AUGUST 1, 1994 (640.10)
Councilmember Winchell, in the absence of the Mayor and the Mayor Pro Tem, announced that
this was the day and hour set for the continuance of a public hearing to consider the following:
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.
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PUBLIC HEARING TOPIC FOR JULY 18, 1994
TITLE - 21
Chapter 213
Open Space
Chapter 214
Public -Semipublic
Chapter 215
Specific Plan
The Community Development Director introduced Susan Pierce, Associate Planner, who reported
on the proposed Code Amendment and presented slides.
Councilmember Winchell declared the 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.
Mayor Moulton -Patterson returned to the Council table.
A motion was made by Bauer, seconded by Silva, to approve Chapters 213, 214, and 215 (Open
Space, Public -Semi-public, and Specific Plan) of Title 21, Base Districts, of the Proposed Zoning
and Subdivision Ordinance rewrite as recommended by the Planning Commission and continue
the public hearing open to August 1, 1994
AYES:
Silva, Bauer, Winchell, Sullivan
NOES:
None
ABSENT:
Robitaille, Leipzig
ABSTAIN:
Moulton -Patterson
(City Council) PUBLIC HEARING - ZONE CHANGE NO. 93-2 - REZONE VARIOUS AREAS
FROM RESIDENTIAL TO OPEN SPACE AND OPEN SPACE TO RESIDENTIAL ALONG
SOUTHERN EDGE OF HOLLY-SEACLIFF SPECIFIC PLAN - SEACLIFF PARTNERS -
APPROVED INTRODUCTION OF ORDINANCE NO. 3243 (450.20)
Mayor Moulton -Patterson announced that this was the day and hour set for a public hearing to
consider the following:
APPLICATION NUMBER: Zone Change No. 93-2
APPLICANT: Seacliff Partners
LOCATION: Approximately 5.7 acres along the southern edge of the Holly-Seacliff Specific Plan
located south of Garfield Avenue between Seapoint Avenue and Goldenwest Street.
ZONE: Holly-Seacliff Specific Plan - Recreational Open Space - High Density Residential
REQUEST: Rezone various areas from Residential to Open Space and from Open Space to
Residential. Net 5.51 acre increase in Open Space.
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ENVIRONMENTAL STATUS: Categorically exempt pursuant to City Council Resolution
No. 4501, Class 20 which supplements California Environmental Quality Act.
COASTAL STATUS: This project will result in an amendment to the city's Certified Local Coastal
Program which is subject to the approval by the California Coastal Commission
The Community Development Director presented a staff report.
Mayor Moulton -Patterson declared the public hearing open.
Tom Zanic, representing Seacliff Partners, addressed Council in support of the application.
There being no one further 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 Winchell, seconded by Leipzig, to approve Zone Change No. 93-2 with
findings as outlined in the March 15, 1994 Planning Commission Staff Report as follows and to
approve introduction, after reading by title, of Ordinance No. 3243 - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING DISTRICT MAP 3 TO REZONE VARIOUS AREAS FROM RESIDENTIAL TO
OPEN SPACE AND OPEN SPACE TO RESIDENTIAL ALONG THE SOUTHERN EDGE OF THE
HOLLY-SEACLIFF SPECIFIC PLAN ZONE CHANGE NO. 93-2."
FINDINGS FOR APPROVAL - ZONE CHANGE NO. 93-2
1. Zone Change No. 93-2 for the redesignation of 27 areas totaling 5.7 acres is consistent with
the city's Land Use Element of the General Plan by conforming to the policy of retaining
recreational open space. The proposed zone change will result in a net gain of 5.4 acres of
recreational open space zoning adjacent to the Seacliff Golf Course.
2. Zone Change No. 93-2 will reconcile a mix of remnant zoning classifications adjacent to the
southern edge of the Holly-Seacliff Specific Plan and will create a precise boundary between
recreational open space land uses and future residential land uses.
3. Zone Change No. 93-2 is in conformance with the city's Land Use Plan designation of Low
Density Residential and Recreational Open space because each area rezoned from
recreational open space to residential are less than 1.0 acre in size and the areas rezoned
from residential to recreational open space are contiguous to an area zoned recreational open
space which is greater than 20 acres in size. This based upon the parcel size criteria denoted
in the General Plan.
The motion made by Winchell, second by Silva, carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell
NOES: None
ABSENT Robitaille, Leipzig, Sullivan (out of the room)
Y 3�0
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(City Council) PUBLIC HEARING CODE AMENDMENT NO. 93-10 - TO PERMIT MINIMUM OF
THREE FOOT SETBACKS FOR FIREPLACES AND ARCHITECTURAL FEATURES INTO SIDE
YARD AREAS - SEACLIFF PARTNERS - HOLLY-SEACLIFF SPECIFIC PLAN - APPROVED
INTRODUCTION OF ORDINANCE NO. 3244 (640.10)
The Mayor announced that this was the day and hour set to consider a public hearing on the
following:
APPLICATION NUMBER: Code Amendment No. 93-10
APPLICANT: Seacliff Partners
LOCATION: Applies to all residential planning areas in the Holly-Seacliff Specific Plan.
ZONE: Holly-Seacliff Specific Plan - Recreational Open Space - High Density Residential
REQUEST: To amend the Holly-Seacliff Specific Plan to allow a minimum three foot side yard
setbacks for fireplaces, unroofed balconies, open stairways and architectural features. The
current requirement is five feet.
ENVIRONMENTAL STATUS: Categorically exempt pursuant to City Council Resolution
No. 4501, Class 20 which supplements California Environmental Quality Act.
COASTAL STATUS: This project will result in an amendment to the city's Certified Local Coastal
Program which is subject to the approval of the California Coastal Commission.
The Community Development Director presented a staff report. She stated that a revision had
been made to proposed Ordinance No. 3244 which had been distributed to Council by the City
Clerk.
Mayor Moulton -Patterson declared the public hearing open.
Tom Zanic, Seacliff Partners, addressed Council in support of the application.
Mark Porter addressed Council and gave reasons in opposition to the proposed code amendment
and stressed the grading situation. He requested that Council continue the item until the grading
issue is resolved.
There being no one further present to speak on the matter and there being no further protests
filed, either oral or written, the hearing was closed by the Mayor.
The Community Development Director reported on the grading issue and the negotiations with
Seacliff Partners to amend some of the lots.
Tom Zanic, Seacliff Partners, again addressed Council stating that they wished to be treated in
the same manner as other applicants.
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A motion was made by Bauer, seconded by Silva, to approve Code Amendment No. 93-10, with
findings as outlined in the March 15, 1994 Planning Commission Staff Report as follows and to
approve introduction, after reading by title of Ordinance No. 3244 - as amended by the revision
distributed to Council - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING THE HOLLY-SEACLIFF
SPECIFIC PLAN CODE AMENDMENT NO. 93-10."
FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 93-10
1. Code Amendment No. 93-10, a request to amend the Holly-Seacliff Specific Plan to reduce
minimum interior and exterior side yard setbacks for fireplaces, bay windows, unroofed
balconies, open stairways, architectural front yard and clarify the minimum building separation
between structures on the same lot, will maintain access for emergency exiting.
2. Code Amendment No. 93-10 to amend the Holly-Seacliff Specific Plan to reduce minimum
interior and exterior side yard setbacks for fireplaces, bay windows, unroofed balconies, open
stairways, architectural front yard and clarify the minimum building separation between
structures on the same lot, is consistent with existing city-wide residential development
standards which permit a minimum 30 inch setback for fireplaces, bay windows, unroofed
balconies, open stairways and architectural features in side yard areas.
3. Code Amendment No. 93-10 is consistent with the goals and policies of the city's General
Plan, the Holly-Seacliff Master Plan and the city's Coastal Element. The code amendment is
consistent with existing city's Zoning, Building and Fire Codes.
The motion made by Bauer, seconded by Silva, carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan
NOES: None
ABSENT: Robitaille, Leipzig
(City Council) HOLLY-SEACLIFF SPECIFIC PLAN - RESOLUTION NO. 6613 - ADOPTED -
ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 94-1 - ZONE CHANGE NO. 93-2
AND CODE AMENDMENT NO. 93-10 (450.30)
The City Clerk presented a communication from the Community Development Director
transmitting Resolution No. 6613 adopting Local Coastal Program Amendment No. 94-1 which
will incorporate Zone Change No. 93-2 and Code Amendment No. 93-10 into the city's certified
Local Coastal Program. Local Coastal Program Amendment No. 94-1 will be transmitted to the
California Coastal Commission for final approval.
A motion was made by Sullivan, seconded by Winchell, to adopt Resolution No. 6613 and
transmit said resolution to the California Coastal Commission for final approval - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. 94-1 (CODE AMENDMENT 93-10; ZONE
CHANGE 93-2) AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL
132 COMMISSION."
Page-11 - Council/Agency Minutes - 07/18/94
Councilmember Winchell clarified that Resolution No. 6613 must reflect the revisions which were
made to Ordinance No. 3244 relative to footage.
The motion made by Sullivan, seconded by Winchell, carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan
NOES None
ABSENT: Robitaille, Leipzig
(City Council) PUBLIC HEARING - ZONE CHANGE NO. 94-1 - REZONE .095 ACRE LOT FROM
R1 TO ROS-O - SEACLIFF PARTNERS - NORTH OF ISLAND BAY LANE ADJACENT TO
SEACLIFF GOLF COURSE - APPROVED INTRODUCTION OF ORDINANCE NO. 3245 (450.20)
The Mayor announced that this was the day and hour set for a public hearing to consider the
following:
APPLICATION NUMBER: Zone Change No. 94-1
APPLICANT: Seacliff Partners
LOCATION: Approximately 75 feet north of Island Bay Lane adjacent to the Seacliff Golf Course
ZONE: R1 (Low Density Residential)
REQUEST: Rezone a .095 acre lettered lot from R1 (Low Density Residential) to ROS-O
(Recreation Open Space with an Oil District Overlay)
ENVIRONMENTAL STATUS: Categorically exempt pursuant to City Council Resolution
No. 4501, Class 20 which supplements the California Environmental Quality Act.
COASTAL STATUS: Not applicable
The Community Development Director presented a staff report.
Mayor Moulton -Patterson declared the hearing open.
Tom Zanic, Seacliff Partners, addressed Council in support of the rezoning of the proposed
property to open space.
There being no one further present to speak on the matter and there being no protests filed,
either oral or written, the hearing was closed by the Mayor.
1�3�3
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A motion was made by Winchell, seconded by Bauer, to approve Zone Change No. 94-1, with
findings as outlined in the June 14, 1994 Planning Commission Staff Report as follows and to
approve introduction, after reading by title of Ordinance No. 3245 - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING DISTRICT MAP 3 (SECTIONAL DISTRICT MAP 3-6-11) TO REZONE A .095
ACRE LETTERED LOT FROM R1, LOW DENSITY RESIDENTIAL, TO ROS-O, RECREATIONAL
OPEN SPACE WITH OIL PRODUCTION, ZONE CHANGE NO. 94-1."
FINDINGS OF APPROVAL - ZONE CHANGE NO. 94-1
1. Zone Change No. 94-1 to rezone a 4,139 square foot lot from R1 (Low Density Residential) to
ROS-O (Recreational Open Space -Oil Production) will result in an increase of Recreational
Open Space which is consistent with the city's Land Use Element by conforming to the policy
of retaining recreation open space.
2. Zone Change No. 94-1 is consistent with the General Plan Land Use Element designation of
Low Density Residential based upon the Zoning and Land Use Element consistency matrix.
The matrix allows ROS and O (Recreational Open Space -Oil Production) zoning designations
in this land use category.
3. Zone Change No. 94-1 is compatible with surrounding zoning designations. The rezone is
identical to the ROS-0 (Recreational Open Space -Oil Production) zoning designation on the
adjacent golf course property.
The motion made by Winchell, seconded by Bauer, carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan
NOES: None
ABSENT: Robitaille, Leipzig
sty Council) CLOSED PUBLIC HEARING - ON MARCH 1, 1993 THE CITY COUNCIL TABLED
THE SIX MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 90-50 - LIVE
ENTERTAINMENT - NICCOLE'S RISTORANTE - 520 MAIN STREET - COUNCIL APPROVED
REQUEST RECEIVED FROM MICHAEL NICCOLE TO REMOVE FROM TABLE (420.40)
The City Clerk presented a communication from the Community Development Director dated
July 18, 1994 recommending that Council remove from the table the six month review of
Conditional Use Permit No. 90-50 and direct staff to schedule a hearing to complete the review of
the use. Said communication also transmitted a communication from Michael Niccole to remove
from the table the six month review of Conditional Use Permit No. 90-50 for live entertainment at
Niccole's Ristorante at 520 Main Street.
The public hearing was closed on March 1, 1993, at which time the Council tabled Conditional
Use Permit No. 90-50 to allow for further discussion among interested parties.
The Community Development Director presented a staff report.
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Page 13 - Council/Agency Minutes - 07/18/94
The Mayor declared the matter open.
There was no one present to speak nor any protests filed, either oral or written.
A motion was made by Winchell, seconded by Bauer, to Remove from the Table the six month
review of Conditional Use Permit No. 90-50 for live entertainment at Niccole's Ristorante at
520 Main Street and to direct staff to schedule a public hearing to complete the review of the use
of live entertainment at Niccole's Ristorante.
Councilmember Bauer requested appropriate staff research to make sure that the city is
consistent with the Department of Alcoholic Beverage Control requirements.
The motion made by Winchell, second Bauer, carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan
NOES: None
ABSENT: Robitaille, Leipzig
CONSENT CALENDAR - ITEMS REMOVED
Councilmember Sullivan requested that the agenda item relating to the Amicus Brief - League of
California Cities and County of San Francisco be removed from the Consent Calendar for
separate discussion.
CONSENT CALENDAR - ITEMS APPROVED
On motion by Winchell, second Bauer, Council approved the following items, as recommended,
by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan
NOES: None
ABSENT: Robitaille, Leipzig
(City Council/Redevelopment Agency) MINUTES - ADOPTED - Approved and adopted minutes
of the Council/Agency adjourned regular meetings of April 25, 1994 and May 4, 1994 and regular
meetings of May 2, 1994 as written and on file in the Office of the City Clerk.
13 5'
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(City Council) FINAL TRACT MAP NO. 14891 - PORTION OF TENTATIVE TRACT MAP
NO. 14009 - THE HAMPTONS - SEACLIFF PARTNERS - NORTH OF GARFIELD AVENUE
WEST OF GOLDENWEST STREET - SUBDIVISION AGREEMENT - APPROVED..(420.60) -
Approved Final Tract Map No. 14891, a portion of Tentative Tract No. 14009 - The Hamptons,
and accepted offer of dedication, improvements and bonds pursuant to the finding that Final Tract
Map No. 14891 is in conformance with the California Subdivision Map Act, the City of Huntington
Beach Subdivision Ordinance and Tentative Tract Map No. 14009 conditions of approval as
approved by the Planning Commission and that requirements 3(a) through 3(d) have been
complied with and approved and authorized execution of the Subdivision Agreement.
(City Council) FINAL TRACT MAP NO. 14892 - PORTION OF TENTATIVE TRACT MAP
NO. 14009 - THE HAMPTONS - SEACLIFF PARTNERS - NORTH OF GARFIELD AVENUE
EAST OF EDWARDS STREET - SUBDIVISION AGREEMENT - APPROVED (420.60) -
Approved Final Tract Map No. 14892, a portion of Tentative Tract Map No. 14009 - The
Hamptons, and accepted offer of dedication, improvements and bonds pursuant to the finding
that Final Tract Map No. 14892 is in conformance with the California Subdivision Map Act, the
City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14009 conditions of
approval as approved by the Planning Commission and that requirements 3(a) through 3(d) have
been complied with and approved and authorized execution of the Subdivision Agreement.
(City Council) GOTHARD STREET SIDEWALK - CENTRAL PARK CURB RAMPS PROJECT -
BID AWARD - D. J. CONSTRUCTION COMPANY - CC-909 - APPROVED (600.70) - Accepted
the low bid submitted by D. J. Construction Company and authorized the Mayor and City Clerk to
execute the contract for the Gothard Street Sidewalk and Central Park Curb Ramps Project for a
total bid amount of $58,958.90 and authorized the Public Works Department to expend up to
$65,000.00 to cover the contract amount of $58,958.90, anticipated construction change orders
of $5,000.00 and supplemental expenditures of $1,046.10.
(City Council) RESOLUTION NO. 6612 - ADOPTED - ADOPTING CAPITAL IMPROVEMENT
PROGRAMS FOR YEARS 1994/1995 THROUGH 2O00/2001 - COMPLIANCE WITH
MEASURE M AND PROPOSITION 111 REQUIREMENTS (320.40) -Adopted Resolution
No. 6612 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ADOPTING CAPITAL IMPROVEMENT PROGRAMS FOR THE YEARS 1994/1995 THROUGH
2000/2001 FOR COMPLIANCE WITH MEASURE M AND PROPOSITION 111
REQUIREMENTS." Relative to 1/2% sales tax of twenty (20) years to fund necessary
transportation improvements. Exhibit A - Lists 19 proposed projects - Exhibit B - Lists 6 proposed
projects.
(City Council) AGREEMENT - LIEBERT, CASSIDY AND FRIERSON - LABOR RELATIONS
SERVICES CONSULTANT- APPROVED (600.10) -Approved the Agreement between the city
and Liebert, Cassidy and Frierson, a Professional Corporation, for Labor Relations Services
related to the meeting and confer process with the Municipal Employees Association (MEA),
Municipal Employees Organization (MEO), Police Officers Association (POA) and Huntington
136 : Beach Firemens' Association (HBFA) for an amount not to exceed $75,000.
Page 15 - Council/Agency Minutes - 07/18/94
(City Council/Redevelopment Agency) AMENDMENT NO. 3 - LEWIS, D'AMATO, BRISBOIS
AND BISGAARD - LEGAL SERVICES - BLOOM V. CITY AND REDEVELOPMENT AGENCY -
APPROVED (600.30) - Approved Amendment No. 3 to Agreement between the city and Lewis,
D'Amato, Brisbois and Bisgaard for Legal Services for Bloom v. City of Huntington Beach and
Redevelopment Agency of the City of Huntington Beach for an amount not to exceed $25,000.
(City Council) RESOLUTION NO. 6614 ADOPTED - SUPPORT THE DISNEY CLASSIC WEEK
(120.70) - Adopted Resolution No. 6614 - "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH SUPPORTING THE DISNEY CLASSIC WEEK CONCEPT AND
THE EFFORTS OF THE SPONSORS TO CONVINCE DIVISION 1 COLLEGE AND UNIVERSITY
PRESIDENTS TO SUPPORT THE EVENT."
(City Council/Redevelopment Agency) APPROVED DOWN PAYMENT ASSISTANCE
PROGRAM - PARTICIPANT APPROVAL - COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS - PURSUANT RESOLUTION NO. 6537 - ADOPTED OCTOBER 25, 1994
(340.70) - Approved and incorporated each listing, which names specific participants, the amount
of each loan and the specific property subject to trust deed, into a previously approved sample
Down Payment Assistance Loan Agreement and authorized the Mayor and City Clerk to execute
each Agreement between the City and/or Agency and each participant as approved herein and
released funds for Down Payment Assistance Program participants. THIS ITEM
RECONSIDERED LATER IN MEETING IN ORDER TO CORRECT LOAN AMOUNTS.
(City Council) APPROVED JOINING AMICUS BRIEF - LEAGUE OF CALIFORNIA CITIES AND
COUNTY OF SAN FRANCISCO - REVERSE RECENT APPELLATE COURT DECISION
REGARDING CONSTITUTIONAL RIGHT TO LIVE, SLEEP, CONDUCT PERSONAL ACTIVITIES
PUBLIC PLACES - TOBE ET AL V. CITY OF SANTA ANA (630.50)
The City Clerk presented a communication from the City Attorney dated July 18, 1994
recommending that the City Council join in an amicus brief on behalf of the League of California
Cities and the city and County of San Francisco which will seek to reverse a recent appellate
court decision enunciating a constitutional right to live, sleep and conduct personal activities in
public places.
Councilmember Sullivan spoke regarding people being turned out of institutions onto the street
who are not able to take care of themselves and that our society has failed these people.
A motion was made by Sullivan, seconded by Bauer, to join in amicus brief on behalf of the
League of California Cities and the city and County of San Francisco which will seek to reverse a
recent appellate court decision enunciating a constitutional right to live, sleep and conduct
personal activities in public places. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan
NOES: None
ABSENT: Robitaille, Leipzig
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(City Council) BARTLETT PARK DEVELOPMENT - NEGOTIATIONS WITH BARTLETT PARK
GOLF ASSOCIATES - CONCESSIONAIRE GOLF FACILITIES TO CONTINUE WITH
COMMUNITY INPUT - APPROVED (920.40)
The City Clerk presented a communication from the Director of Community Services regarding the
need to continue to negotiate with Bartlett Park Golf Associates for development of Bartlett Park
as a golf facility and neighborhood park.
The City Administrator reported.
Councilmember Bauer stated concerns.
The Community Services Director reported.
In response to concerns of Councilmember Sullivan, the Community Services Director stated that
a letter would be sent out to all the residents that were at the previous meeting explaining that the
department had not had time to proceed with the public input process; that the applicant is still
interested in the project and working with the public and that the city would like to give the
developer another year to do so.
A motion was made by Sullivan, seconded by Bauer, that contact be made with the residents and
that the item be continued to next meeting.
Councilmember Winchell stated that she believed the residents need to feel a part of the plan and
that the residents need to have it absolutely clear when the next meeting regarding Bartlett Park
is going to be held and that the residents all be invited. She stated that the proposed three -par
golf course project in this park was started because the park is in an unclean state and it is a
larger park than usual so that Council was looking for revenue enhancement for maintenance and
development of parks and to address the Driftwood Agreement golf course requirements.
Councilmember Sullivan withdrew his original motion.
A substitute motion was made by Sullivan, seconded by Bauer, to direct staff to continue with the
community input process and negotiations with Bartlett Park Golf Associates to July 30, 1995 to
allow the city and the proposed concessionaire to develop a plan and concessionaire's
agreement as well as proceed with the required review and approval process for the development
of golf facilities and a neighborhood park in Bartlett Park. The motion carried by unanimous vote.
(City Council) AGREEMENT - HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION
(POA) OPERATION OF POLICE/PRIVATE GUN RANGE IN CENTRAL PARK- APPROVED AS
AMENDED (600.10)
The City Clerk presented a communication from the Chief of Police and Community Services
Director transmitting a new lease with the Huntington Beach Police Officers Association (HBPOA)
for the operation of the police/public gun range in Huntington Central Park.
The Community Services Director reported
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Page 17 - Council/Agency Minutes - 07/18/94
Councilmember Winchell spoke regarding her concerns with meeting current safety standards,
program and timeline for improvements that need to be made and stated that the POA has
agreed that any revenue from the range will be used for capital improvements on the range.
Councilmember Winchell requested that wording in the Agreement on Page Three Section 6.2
Lessee's Obligations (a) be amended to say "shall" instead of "may".
Councilmember Winchell spoke in support of the Community Development Director having the
ability to supervise the facility for Maintenance Standards as outlined in Exhibit B and a report
card on the Maintenance Standards as outlined in Exhibit C.
Councilmember Winchell spoke in support of the Community Development Director having control
of the hours of operation in order to protect the impact on the neighborhoods.
The Police Chief reported regarding the noise impact, physical appearance of the gun range,
training of police officers, and use of the range by other agencies.
The Community Services Director reported further.
A motion was made by Silva, seconded by Moulton -Patterson, to approve the Lease Agreement
between the city and the Huntington Beach Police Officers' Association for the property known as
the Central Park Gun Range (development, operation and maintenance of the Gun Range in
Huntington Central Park) and authorize the Mayor and City Clerk to execute same
Councilmember Sullivan expressed concerns regarding noise impact, recent increase in the noise
level, insurance requirements, self insurance by POA, use of the gun range by outside groups
and agencies, and approval of contracts with outside agencies by the Community Development
Director.
Police Officer Jerry Turkhurst, member of the Council Committee reported on the POA's position
and stated that an amendment was made to the POA By -Laws that no profit from the gun range
would be used for bargaining purposes for contracts or political candidate endorsement. He
stated that the financial records for the operation of the gun range are open to the city. He stated
that the POA need the income produced from the use of the facility by outside agencies in order.
to maintain the gun range.
Considerable discussion was held by Council and staff.
The motion made by Silva, seconded by Moulton -Patterson, FAILED by the following roll call vote:
AYE: Moulton -Patterson, Silva
NOES: Bauer, Winchell, Sullivan
ABSENT: Robitaille, Leipzig
139'
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A motion was made by Winchell, seconded by Moulton -Patterson, to approve the Lease
Agreement between the city and the Huntington Beach Police Officers' Association for the
property known as the Central Park Gun Range (development, operation and maintenance of the
Gun Range in Huntington Central Park) and authorize the Mayor and City Clerk to execute same
with amendments to the wording in the Agreement on Page Three, Section 6.2 Lessee's
Obligations Section a and b and Page Eleven, Section 11.2 Hours of Operation as follows:
6.2 Lessee's Obligations:
a) Improvements. The obligations identified in this Subsection 6.2 (q) shall be referred to
as 'LESSEE's Improvements'. LESSEE shall construct improvements within the first
five (5) years of the Lease Term, which improvements shall include, but not be limited
to:
1) firearms training range;
2) public gun range;
3) snack bar facility
4) perimeter fencing/landscaping; and
5) all utilities and support facilities necessary to construct and maintain the above
amenities.
b) LESSEE shall perform all necessary environmental studies and develop and implement
mitigation measures for negative impacts and obtain all necessary permits.
11.2 Hours of Operation. Subject to LESSOR's approval, LESSEE will establish hours of
operation for the gun range facilities that shall meet the public demand for said facilities and also
protect our neighborhoods from negative noise impacts.
An amendment to the motion was made by Sullivan, accepted by Winchell, to amendment the
wording in the Agreement on Page Seventeen, Section 19.2 Fire Insurance to DELETE the last
sentence as follows:
"The parties acknowledge and agree that any insurance maintained by LESSEE
pursuant to this Lease may contain deductible provisions and self-insurance or self -
assumption provisions up to Two Hundred Fifty Thousand ($250,000) Dollars per
occurrence or such greater amount as the parties may approve in writing."
An amendment to the motion was made by Sullivan, seconded by Winchell, to add a new Section
One as follows and renumber the rest of the Agreement.
1. USAGE OF GUN RANGE BY OUTSIDE GROUPS
The LESSOR shall approve any usage of the gun range by groups or agencies outside the
City of Huntington Beach. The LESSOR shall review all contracts with outside groups or
agencies.
140 Councilmember Silva requested Jerry Turkhurst to speak.
Page 19 - Council/Agency Minutes - 07/18/94
Jerry Turkhurst, the Police Officer Association's representative, stated that if the outside contracts
were eliminated, the POA could not afford to operate the range.
The amendment to the motion carried by the following roll call vote:
AYE: Bauer, Winchell, Sullivan
NOES: Silva, Moulton -Patterson
ABSENT: Robitaille, Leipzig
The original motion made by Winchell, seconded by Moulton -Patterson, as amended, carried by
the following roll call vote:
AYE: Silva, Moulton -Patterson, Winchell, Sullivan
NOES: Bauer
ABSENT: Robitaille, Leipzig
sty Council) ORDINANCE NO. 3246 - DONATION/RECEIPT OF GIFTS - PUBLIC OFFICIALS -
INTRODUCTION APPROVED AS AMENDED (640.10)
The City Clerk presented Ordinance No. 3246 for first reading by Council - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH ADDING NEW CHAPTER 2.05 TO THE HUNTINGTON
BEACH MUNICIPAL CODE RELATING TO THE DONATION AND RECEIPT OF SPECIFIED
GIFTS TO PUBLIC OFFICIALS."
Councilmember Winchell reported on the findings of the Council Committee.
Discussion was held by Council and staff.
A motion was made by Winchell,. seconded by Moulton -Patterson, to approve introduction of
Ordinance No. 3246, as amended by changing the wording on Section (3) Any food or
beverages with a cumulative value of $50 (changed from $100) from any single source within a
12 month period. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan
NOES: None
ABSENT: Robitaille, Leipzig
(City Council/Redevelopment Agency) RECONSIDERATION OF DOWN PAYMENT
ASSISTANCE PROGRAM - PARTICIPANT APPROVAL - COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS - PURSUANT RESOLUTION NO. 6537 - ADOPTED
OCTOBER 25, 1993 - MOTION TO RECONSIDER ADOPTED LOAN AGREEMENT -
APPROVED AS AMENDED
On motion by Winchell, seconded by Moulton -Patterson, Council at the request of the City
Administrator, reconsidered their earlier approval of the above referenced Down Payment
Assistance Program Participant Approval. The motion carried by unanimous vote.
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Page 20 - Council/Agency Minutes - 07/18/94
Stephen Kohler, Economic Development Project Manger, requested an increase in the loan
amount for one of the participants in the Down Payment Assistance Program . He referred to a
communication distributed to Council which sets forth the corrections to the original documents.
Borrower No. 94-16 increase Set Aside Funds from $15,000 to $35,000.
A motion was made by Winchell, seconded by Moulton -Patterson, to approve and incorporate
each listing, which names specific participants, the amount of each loan and the specific property
subject to trust deed, into a previously approved sample Down Payment Assistance Loan
Agreement and authorize the Mayor and City Clerk to execute each Agreement between the City
and/or Agency and each participant as approved herein and released funds for Down Payment
Assistance Program participants, with an amendment to Borrower No. 94-16 to increase the Set
Aside Funds from $15,000 to $35,000.
In response to Councilmember Sullivan's questions, Steven Kohler reported.
An amendment to the motion was made by Councilmember Winchell, accepted by Moulton -
Patterson, to authorize staff, pending receipt by the city of proper applications, qualifications
and criterias have been established, that Council would approve those amounts.
An amendment to the motion was requested by the City Clerk, accepted by Winchell, pending
receipt of proper applications, qualifications and criteria and as approved by the City Attorney.
The amended motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell
NOES: Sullivan
ABSENT: Robitaille, Leipzig
DISCUSSION HELD REGARDING THE INSTALLATION OF NEW TRAFFIC SIGNALS
MAGNOLIA AVENUE AND MIRAMAR LANE AND DELAWARE AND YORKTOWN AVENUE
Councilmember Sullivan presented a report using video tapes of a previous City Council meeting
and slides in opposition to the delay in the installation of traffic signals at Magnolia Avenue and
Miramar Lane and Delaware Street and Yorktown Avenue.
The City Engineer reported.
Discussion was held by Council and staff.
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Page 21 - Council/Agency Minutes - 07/18/94
(CITY COUNCIL) "PLANNING MORE LIVABLE COMMUNITIES" - CITY SPONSORSHIP OF
WORKSHOP -APPROVED (120.70)
The City Clerk presented a communication entitled Planning More Livable Communities - A
meeting for Planning and Community Leaders - June 24, 1994 - City of Torrance - Cultural Arts
Center, from Councilmember Winchell requesting City Council approval of Huntington Beach co-
sponsoring of a one -day workshop at the library on "Planning More Livable Communities" on
September 30, 1994. The Conference would be administered by the Local Government
Commission at no cost to the city. Other possible co-sponsors would be Orange County Division
of the League of Cities and Orange County Transit Authority. Material from a similar workshop
held in the City of Torrance was distributed to Council.
On motion by Winchell, second Moulton -Patterson, Council approved the request of
Councilmember Winchell relative to the city's sponsorship of a one -day workshop on "Planning
More Livable Communities" on September 30, 1994. The motion carried by unanimous vote.
(CITY COUNCIL) RESOLUTION NO. 6615 - ADOPTED - ISSUES RELATED TO IMMIGRANT
RESETTLEMENT COSTS - REQUEST TO FEDERAL GOVERNMENT REGARDING ILLEGAL
IMMIGRATION - ADOPTED
The City Clerk presented Resolution No. 6615 introduced by Mayor Moulton -Patterson for
Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REQUESTING THE FEDERAL GOVERNMENT BEAR ITS SHARE OF
RESETTLEMENT COSTS FOR IMMIGRANTS TO EASE THE IMPACT ON THE CITY AND
REQUESTING THE ESTABLISHMENT OF NEW IMMIGRATION POLICIES TO STEM THE
INFLUX OF ILLEGAL IMMIGRANTS."
Councilmember Silva spoke in opposition to the proposed resolution.
On motion by Moulton -Patterson, second Winchell, Council adopted Resolution No. 6615 by the
following roll call vote:
AYES: Bauer, Moulton -Patterson, Winchell, Sullivan
NOES: Silva
ABSENT: Robitaille, Leipzig
COUNCIL COMMITTEE TO BE ESTABLISHED TO DEVELOP POLICIES REGARDING CABLE
CHANNEL 3 OPERATION (120.25)
Mayor Moulton -Patterson requested Council consideration of establishing a Council Committee to
develop policies regarding the operation of Cable Channel 3.
On motion by Moulton -Patterson, second Sullivan, Council. appointed Mayor Moulton -Patterson
and Councilmembers Sullivan and Bauer to serve on said Council Committee on the operation of
Cable Channel 3. Motion carried unanimously.
Page 22 - Council/Agency Minutes - 07/18/94
ADJOURNMENT - CITY COUNCIUREDEVELOPM ENT AGENCY
Mayor Moulton -Patterson adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, July 25, 1994, at 6:30 p.m. in
the Council Chamber, Civic Center.
ATTEST:
e
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
144