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HomeMy WebLinkAbout1994-08-02MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, August 2, 1994 Mayor Moulton -Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency order at 5:30 p.m. in Room B-8, Civic Center. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan (arrived 5:35 p.m.) ABSENT: None The Mayor announced that all City Council and Redevelopment Agency items are items continued from the regular City Council meeting of August 1, 1994. CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(c) to confer with its City Attorney regarding pending litigation based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of potential cases 1 - legal options available for challenging PERS rollover benefits. (120.80) The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the agency's negotiator, Barbara Kaiser, regarding negotiations with RTC Corporation. Instructions will concern price/terms of payment - Town Square Retail Center sale contract - Main -Pier Redevelopment Project Area. (400.50) The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, M. Uberuaga, regarding negotiations with ADC, Mike Abdelmuti concerning the lease of the property located at Pacific Coast Highway and Main Street (2nd and 3rd floors) instructions will concern terms of payment - Abdelmuti Development Corporation ("ADC") O.P.A. (400.50) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957 to consider personnel matters - City Administrator's performance goals and objectives for 1994/1995. (120.80) 110 Page 2 - Council/Agency Minutes - 08/02/94 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), Huntington Beach Firemens' Association (HBFA). (120.80) RECESS COUNCILIAGENCY TO CLOSED SESSION The Mayor called a recess of the City Council/Redevelopment Agency. RECONVENE COUNCILIAGENCY The Mayor reconvened the City Council/Redevelopment Agency in the Council Chamber. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Mayor. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan Absent: None ICity Council PUBLIC HEARING CONTINUED OPEN FROM AUGUST 1 1994 - APPEAL FILED BY COUNCILMEMBER EARLE ROBITAILLE OF PLANNING COMMISSION'S DENIAL OF REVISED CONDITIONAL USE PERMIT NO. 91-57 - REVISED COASTAL DEVELOPMENT PERMIT NO. 92-2 - REVISED NEGATIVE DECLARATION NO. 92-9 - BASEMENT ADDITION TO PREVIOUSLY APPROVED HEALTH CLUB - 303 THIRD STREET - CONTINUED OPEN TO AUGUST 15,199 (420.40) Mayor Moulton -Patterson announced that this was the day and hour set for a public hearing to consider the following matter: APPLICATION NUMBER: Appeal of the Planning Commission's denial of Revised Conditional Use Permit No. 91-57, Revised Coastal Development Permit No. 92-2, and Revised Negative Declaration No. 92-9. APPLICANT: Jeff Bergsma APPELLANT: Councilmember Earle Robitaille LOCATION: 303 Third Street 171 Page 3 - Council/Agency Minutes - 08/02/94 ZONE: Downtown Specific Plan, District 5 (Mixed Use: Commercial/ Office/Residential) REQUEST: To allow a 4400 square foot basement addition to an approved 13200 square foot building for use as a health club. ENVIRONMENTAL STATUS: Covered by Revised Negative Declaration No. 92-9 which will also be considered by Council. COASTAL STATUS: The proposed project is located within a non -appealable area of the Coastal Zone. Jeff Bergsma, applicant, requested;a continuance of the public hearing to August 15, 1994. On motion by Robitaille, second Winchell, Council continued the public hearing open to August 15, 1994 by unanimous vote. (City Council) PUBLIC HEARING CONTINUED OPEN FROM AUGUST 1. 1994 - CODE AMENDMENT NO. 91-10 - ENVIRONMENTAL ASSESSMENT NO. 91-32 - PROPOSED ZONING AND SUBDIVISION ORDINANCE - DIVISION 9 REWRITE- PUBLIC HEARING TOPIC FOR AUGUST 2 1994 APPROVED AS AMENDED - PUBLIC HEARING CONTINUED OPEN TO AUGUST 15, 1994 (640.10) Mayor Moulton -Patterson announced that this was the day and hour set for a public hearing on the following matter. 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. 17 Page 4 - Council/Agency Minutes - 08/02/94 PUBLIC HEARING TOPIC FOR AUGUST 1. 1994 TITLE 23: Provisions Applying in All or Several Districts 230 Site Standards 234 Mobilehome Park Conversions 235 Residential Condominium Conversions 236 Non Conforming Uses and Structures The City Administrator stated that there would be no changes in the recreational vehicle portion of the code. Slides were presented by the Community Development Department staff. Susan Pierce, Associate Planner, reviewed the proposed sections of the Division 9 re -write. Councilmember Bauer requested that there be a procedure whereby no major changes would be made without notice. The City Administrator and the Director of Community Development reported. A communication was received by the City Clerk on July 28, 1994 from Jean Polkow in opposition to the matter entitled, Subject: Code Amendment No. 91-10, Zoning and Subdivision Ordinance Rewrite, specifically, page no. 231-02 Section 231.02E1, Parking in Residential Yards. A communication was received by the City Clerk from Robert A. Polkow dated July 27, 1994 regarding the matter. The Mayor declared the hearing open. Arthur Goddard, American Radio Relay League, stated his concern that the new ordinance would harm the Police and Fire Departments. He stated that it appeared that the ordinance does not seem to meet federal regulations. He requested that these portions of the ordinance be deleted. He stated that he and Mr. R. R. Dutch" Ludt would work with the city on the matter. The Community Development Director stated that this item should be removed from the agenda and that staff would work with the group. In response to Councilmember Winchell, Mr. Goddard stated that there may be some problem with the satellite antenna ordinance under federal law. R. R. "Dutch" Ludt, Huntington Beach RACES, offered their services to the Council and staff. Robert Polkow federally licensed amateur operator thanked the Council for listening to the concerns they have expressed on the recreational vehicle and amateur radio portions of the proposed rewrite. Steve Bone, Waterfront Hilton representative, spoke in opposition to the mobilehome conversion portion of the proposed code. Councilmember Leipzig suggested that the mobilehome conversion provisions of the code be 173 deferred. Page 5 - Council/Agency Minutes - 08/02/94 Richard Harlow, Chairman of the Chamber of Commerce Committee, to review the Division 9 Re - Write stated that the Chamber was supportive of the rewrite. He stated that Chamber was in support of pulling the Mobilehome conversion portion. 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. A motion was made by Leipzig, second Winchell, to approve with the exception of the antenna and Mobilehome conversion sections, Chapters 230, 235, and 236 of Title 23, Provisions applying in all or Several Districts, of the Proposed Zoning and Subdivision Ordinance rewrite as recommended by the Planning Commission, and to continue the public hearing to August 15, 1994. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, NOES: Silva ABSENT: Sullivan (out of the room) Committee Formed to Study the Deleted Portions of Division 9 Re -Write A committee was formed comprised of Councilmembers Winchell and Leipzig, Assigned to the Council Committee would be Planning Commissioner Richardson. (City Council) PUBLIC HEARING CONTINUED OPEN FROM AUGUST 1, 1994 - BUSINESS LICENSE ORDINANCE - SWAP MEETS/SPECIAL EVENTSISPECIFIC EVENTSICHARITABLE EVENTS - INTRODUCTION OF ORDINANCE NO.3241- CONTINUED OPEN TO SEPTEMBER 6. 1994 (640.10) The Mayor announced that this was the day and hour set to consider proposed business license ordinance related to swap meets. The proposed ordinance set business license fees for the uses as follows: Outdoor swap meets, indoor swap meets under 100,000 feet of total area, and special events $1.00 per day per booth collectable daily or monthly at the payer's option. Indoor swap meets in excess of 100,000 feet in area $12,000 a month payable monthly in advance. The estimated increase in revenue is $200,000 a year The City Treasurer stated that this ordinance involved the indoor swap meet which had been denied. Also that he wanted to meet with the Golden West College Swap Meet representatives. Councilmember Silva stated that he would like more detail on the definition of charitable and non- profit aspects as it pertains to obtaining a license so that these non-profit groups are not unduly burdened. 174 Page 6 - Council/Agency Minutes - 08/02/94 On motion by Silva, second, Leipzig, Council continued the public hearing open on proposed Ordinance No. 3241 - Business License Ordinance - Swap Meets/Special Events/Specific Events/Charitable Events. The motion carried unanimously. CONSENT CALENDAR - ITEMS REMOVED The consent calendar item pertaining to the agreement for the consultant study of Seapoint Avenue Closure was removed from the consent calendar for separate discussion. CONSENT CALENDAR - ITEMS APPROVED On motion by Leipzig, second Moulton -Patterson, Council approved the following items as recommended by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council/Redevelopment Agency) CONTINUED FROM AUGUST 1, 1994 - MINUTES - APPROVED - Approved and adopted minutes of the Council/Agency adjourned regular meetings of May 18, 1994 and May 23, 1994 and regular meetings of May 16, 1994 as written and on file in the Office of the City Clerk. (City Council) CONTINUED FROM AUGUST 1, 1994 - PECK RESERVOIR RENOVATION - CHANGE ORDERS - CC-696 - APPROVED (600.75) - Approved increase the construction change order budget for the Peck Reservoir renovation from $279,303 to $529,303. This increase will represent a change order budget that is approximately nineteen percent (19%) of the total construction contract amount. (City Council CONTINUED FROM AUGUST 1 1994 - AGREEMENT - AC UISITION AND REHABILITATION OF 17382 KEELSON LANE - SHELTER FOR THE HOMELESS - FUNDING REQUEST - HOME INVESTMENT PARTNERSHIP -17382 KEELSON LANE- APPROVED (600.10)- Approved and authorized execution by the Mayor and City Clerk an affordable housing agreement between the city and Shelter for the Homeless calling for the expenditure of no more than $345,000 in HOME Investment Partnership funds ($300,000 for acquisition; $45,000 for rehabilitation) to assist the Shelter for the Homeless to acquire and rehabilitate 17382 Keelson Lane." Attachments include regulatory agreement, promissory note, deed of trust, city guidelines, etc. (City Council) CONTINUED FROM AUGUST 1, 1994 - REPLACEMENT OF SURVEY CREW TRUCK- APPROVED (320.20) - Approved replacement of a survey truck with crew cab and appropriated funds in the amount of $26,000 for the purchase. 175 Page 7 - Council/Agency Minutes - 08/02/94 (City Council CONTINUED FROM AUGUST 1 1994 - NOTICE OF COMPLETION - CIVIC CENTER OIL PIPELINE - STANTON CONSTRUCTION - APPROVED (600.80) - Accepted the installation of the Civic Center oil pipeline and authorized the City Clerk to file the Notice of Completion. (City Council CONTINUED FROM AUGUST 1 1994 - TRAFFIC SIGNAL INSTALLATION - INCREASE PROJECT BUDGET/CHANGE ORDER LIMIT - YORKTOWN AVENUEILAKE STREET - CC-878 - APPROVED (600.55) - Authorized an increase of $7,500.00 to the approved Project budget and the change order limit for the Traffic Signal Installation at Yorktown Avenue and Lake Street, CC-878. City Council) CONTINUED FROM AUGUST 1, 1994 - DISPOSITION OF RECORDS - CITY CLERK'S OFFICE - RESOLUTION NO. 6616- ADOPTED (170.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." (City Council) CONTINUED FROM AUGUST 1, 1994 -1994 WEED ABATEMENT COSTS - RESOLUTION NO. 6681 - ADOPTED (520,80) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING REPORTS OF COST FOR WEED ABATEMENT ON LOTS WITHIN THE CITY - 1994 SEASON." And, directed that all charges listed thereon be certified to the county 1994-95 tax roll. (City Council/Redevelopment Agency) CONTINUED FROM AUGUST 1. 1994 - JONES VS REDEVELOPMENT AGENCY - COURT SUPERVISED DEBITS AND CREDITS SETTLEMENT AGREEMENT - OCEAN VIEW 1 MOBILE HOME TENANTS- APPROVED (600.30) - Approved Settlement Agreement and Mutual Release of Claims by and between the city and Harold T. Jones and other plaintiffs listed in Exhibit A attached to said agreement. (City Council) CONTINUED FROM AUGUST 1. 1994 - PARCEL MAP NO. 93-213 - LOFT DEVELOPMENT - 5502 BUCKINGHAM- APPROVED (420.70) - Approved Parcel Map No. 93- 213 with findings that the Parcel Map is in substantial conformance with the tentative map previously approved by the Zoning Administrator on January 12, 1994 and instructed the City Clerk to affix her signature to the map and to release the map to the County for processing. W10, Page 8 - Council/Agency Minutes - 08/02/94 (City,Council CONTINUED FROM AUGUST 1 1994 - COOPERATIVE AGREEMENT BETWEEN STATE OF CALIFORNIA AND COUNTY OF ORANGE AND CITY OF HUNTINGTON BEACH - MODIFICATION OF TRAFFIC SIGNAL - INTERSECTION PACIFIC COAST HIGHWAYIWARNER AVENUE NO. 12-194 AND D94-058 - APPROVED (600.20) - Approved the Cooperative Agreement between the State of California Department of Transportation, the County of Orange and the City of Huntington Beach for the modification of the existing traffic signal at the intersection of Pacific Coast Highway (State Route 1) and Warner Avenue and authorized the Director of Public Works to expend $53,160 during Fiscal Year 1994-1995 from Gas Tax Funds for the City's share of costs for the modification per Exhibit A to the Cooperative Agreement. Comments Regarding Pedestrian Use - Intersection of Pacific Coast Highway and Warner Avenue Councilmember Leipzig commented on the above item. He stated that there was good new that Cal -Trans intended to work with the city and county to restructure the traffic light at Warner Avenue and Pacific Coast Highway and add left turn arrows for Warner Avenue traffic both east and west. Councilmember Silva spoke regarding the pedestrian problem at that intersection relative to pedestrians walking in the area from the Jack in the Box to the service station across the street; that there is not a crosswalk there but people still cross, families with small children who do not realize that there is aright hand turn light on Warner Avenue going on Pacific Coast Highway. He asked if some kind of fencing could be put up to stop pedestrians. The City Administrator stated that staff could investigate this. (City Council CONTINUED FROM AUGUST 1 1994 - FINAL TRACT MAP NO. 14649 - PORTION OF TENTATIVE TRACT MAP NO. 14134 - PHASE III - SURFCREST SOUTH - SUBDIVISION AGREEMENT - SOUTH EAST OF SEAPOINT AVENUE AND PALM AVENUE - APPROVED (420.60) - Approved Final Tract Map No. 14649, a portion of Tentative Tract Map No. 14134 and accepted the offer of dedication and improvements and bonds pursuant to the finding that Final Tract Map No. 14649 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14134 conditions of approval as approved by the Planning Commission and instructed the City Clerk to file the Faithful Performance Bond, Labor and Material Bond and the Monument Bond with the City Treasurer and that requirements 3(a) through 3(d) have been complied with; instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the aforementioned conditions have been met; and to approve and authorize execution of the Subdivision Agreement. 177 Page 9 - Council/Agency Minutes - 08/02/94 (City Council)CONTINUED FROM AUGUST 1, 1994 - NEWLAND/HEIL TRAFFIC SIGNAL AND STORM DRAIN - PLANS AND SPECIFICATIONS - CALL FOR BIDS CC-905 - APPROVED (600.55) - Approved the plans and specifications and authorized the Acting Director of Public Works to solicit bids for construction; and approved the sample contract, subject to the award of contract to the lowest responsible bidder, for the Newland/Heil Traffic Signal and Storm Drain Improvements; CC-905 (Total $325,613). (City Council CONTINUED FROM AUGUST 1 1994 - NOTICE OF COMPLETION - METER BOX REPLACEMENTS AT VARIOUS LOCATIONS - TRAUTWEIN CONSTRUCTION - WSC-010 - APPROVED (600.75) - Accepted the improvements in the amount of $24,938 and authorized the City Clerk to file the Notice of Completion. Replacement of meter boxes various locations throughout the city. (City Council) CONTINUED FROM AUGUST 1, 1994 - PARCEL MAP NO. 94-101 - METLIFE - 15622 TO 15702 PRODUCER LANE - APPROVED (420.70) - Approved Parcel Map No. 94-101 with finding that the Parcel Map is in substantial conformance with the tentative map previously approved by the Zoning Administrator on April 15, 1994 and instructed the City Clerk to affix her signature to the map and to release the map to the County for processing. (City Council)CONTINUED FROM AUGUST 1, 1994 - REIMBURSEMENT AGREEMENT BETWEEN CITY AND CENTRAL PARK NO. 9- TRACT NO. 13439 - DAVID DAHL CONSTRUCTION OF OVERSIZE STORM DRAIN UNDER GOLDENWEST STREET BETWEEN ELLIS AND GARFIELD AVENUES -APPROVED (600.10). The City Clerk presented a communication from Ray Silver, Assistant City Administrator, recommending approval of the Reimbursement Agreement between the city and Central Park No. 9 relative to Tract No. 13439 for construction of oversize storm drain under Goldenwest Street between Ellis and Garfield Avenues. Councilmember Bauer, referring to a letter from Country View Estates Homeowners Association, asked if the legal obligations to the homeowners and others in the area had been fulfilled. City Engineer Eichblatt reported. The City Administrator stated that the city believes that this issue stands alone and is not related to the other issues which need to be responded to. The Assistant City Administrator reported on the matter. On motion by Bauer, second Silva, Council approved and authorized execution of the $266,054.83 Reimbursement Agreement between the city and Central Park No. 9 and authorized the Director of Public Works to expend $266,054.83 from the unencumbered Drainage Fund to reimburse Central Park No. 9, or assignee, in accordance with said agreement. The motion carried unanimously. 178 Page 10 - Council/Agency Minutes - 08/02/94 (City Council) CONTINUED FROM AUGUST 1, 1994 - AGREEMENT -CONSULTANT STUDY OF SEAPOINT AVENUE CLOSURE - HUNT RESEARCH CORPORATION - APPROVED AS AMENDED The City Clerk presented a communication from the Fire Chief and the Police Chief dated August 1, 1994 entitled Consultant Study of Seapoint Avenue Closure at Pacific Coast Highway and recommending that Council approve a contract with the Hunt Research Corporation in the amount of $18,630 for the purpose of studying the public safety effects of closing Seapoint Avenue at Pacific Coast Highway. A motion was made by Bauer, seconded by Moulton -Patterson, to include in the agreement what will be the impact on the quality of life on the residents along Seapoint Avenue and to approve and authorize the Mayor and City Clerk to execute a contract with the Hunt Research Corporation in the amount of $18,530 for the purpose of studying the public safety effects of closing Seapoint Avenue at Pacific Coast Highway. Discussion was held by Council, City Administrator and Fire Chief. The Fire Chief spoke regarding the feasibility of putting this amendment in, stating that some type of qualitative accommodation could be made but not necessarily quantitative whereby there would be some type of monitoring inside and outside of occupancies. Councilmember Bauer stated that the reason he made the request is that the question was presented regarding the impact on Oceancrest and he believed the same question should be made of a development which is currently occupied by people. The Fire Chief responded. In response to a request from the City Clerk for clarification of the motion, Councilmember Bauer stated that the motion should read "how will the quality of life of the residents of Seapoint Avenue be affected." In response to a question by the City Clerk for clarification relative to whether the contract itself should be rewritten to reflect this language, Councilmember Bauer stated that he would let Administration handle that aspect. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva ABSENT: Robitaille out of the room 179 Page 11 - Council/Agency Minutes - 08/02/94 (City Council) CONTINUED FROM AUGUST 1, 1994 - MEMORANDUM OF UNDERSTANDING - MUNICIPAL EMPLOYEES ASSOCIATION - RESOLUTION NO. 6619 - ADOPTED (720,20) The City Clerk presented a communication from Director of Administrative Services regarding a new Memorandum of Understanding between the city and the Municipal Employees Association covering January 1, 1994 through December 31, 1994. A motion was made by Leipzig, seconded by Silva to adopt Resolution No. 6619 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON EACH APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPAL EMPLOYEES ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1994." The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (Council/Redevelopment Agency) CONTINUED FROM AUGUST 1, 1994 - MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM - FIRST TIME HOMEBUYER - COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY - RESOLUTION NO. 6617- ADOPTED (600.25) The City Clerk presented a communication from Director of Special Projects regarding First Time Home Buyers Cooperative Agreement between the County of Orange and the City of Huntington Beach for the Mortgage Credit Certificate (MCC) Program. Gregg Brown, Development Specialist, reported on the working of the program. A motion was made by Winchell, seconded by Sullivan to approve and authorize execution of the Cooperative Agreement between the County of Orange and the city regarding the Mortgage Credit Certificate Program, to adopt Resolution No. 6617 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE." and to authorize the expenditure of $30,000 to participate in the MCC program, in order to finance certificates for an estimated thirty units. (Redevelopment Agency) CONTINUED FROM AUGUST 1, 1994 - GENERAL PLAN AMENDMENT - DOWNTOWN SPECIFIC PLAN AMENDMENT - COASTAL PROGRAM AMENDMENT - THE WATERFRONT- APPROVED AS AMENDED (440.50) The City Clerk presented a communication from Director of Economic Development regarding the revised development proposal for future phases of The Waterfront which require amendments to the city's General Plan, Downtown Specific Plan, Local Coastal Program or Circulation Plan. Page 12 - Council/Agency Minutes - 08/02/94 The following action was recommended - As the property owner of The Waterfront site, authorize the Robert Mayer Corporation as master lessee to apply for amendments to the city's General Plan, Downtown Specific Plan and Local Coastal Program to consider the addition of timeshare as an allowed use, and to consider elimination of the segment of Pacific View Drive from Twin Dolphin Drive to Beach Boulevard and to consider deletion of this road segment from the city and County of Orange circulation plans. The Planning Director presented a staff report. Councilmember Leipzig requested that this item be broken down into two segments. A motion was made by Leipzig, seconded by Moulton -Patterson to amend the recommended action to read as follows: As the property owner of The Waterfront site, authorize the Robert Mayer Corporation as master lessee to apply for amendments to the city's General Plan, Downtown Specific Plan, Local Coastal Program or Circulation Plan. The motion carried by the following roll call vote: AYES: Silva Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) CONTINUED FROM AUGUST 1. 1994 - EMERGENCY ORDINANCE NO. 3247 - REQUIRES 5 AFFIRMATIVE VOTES - ADOPTED ((640.10) The City Clerk presented Emergency Ordinance No. 3247 for adoption by Council - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 5.4.050 OF CHAPTER 5.44--RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PREMISES." Change in criteria used in granting or denying entertainment permits. The City Attorney reported on the need for the ordinance. Discussion was held between Councilmember Leipzig and the City Attorney. On motion by Winchell, second Leipzig, Council, after reading by title, adopted Emergency Ordinance No. 3247 by the following roll call vote: AYES: Silva Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Page 13 - Council/Agency Minutes - 08/02/94 (City Council CONTINUED FROM AUGUST 1 1994 - ORDINANCE NO. 3243 - ZONE CHANGE NO. 93-2 -ADOPTED (640.10) The City Clerk presented Ordinance No. 3243 for adoption by Council - "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.". Public hearing and introduction approved July 18, 1994. On motion by Sullivan, second Leipzig, Council adopted Ordinance No. 3243 by the following roll call vote: AYES: Silva Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council CONTINUED FROM AUGUST 1 1994 - ORDINANCE NO. 3246- ADOPTED - DONATION AND RECEIPT OF SPECIFIED GIFTS TO PUBLIC OFFICIALS (640.10) The City Clerk presented Ordinance No. 3246 for adoption 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." Introduction, as amended, approved July 18, 1994. On motion by Winchell, second Leipzig, Council after reading by title, adopted Ordinance No. 3246 by the following roll call vote: AYES: Silva Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) CONTINUED FROM AUGUST 1. 1994 - ORDINANCE NO. 3245- ADOPTED - ZONE CHANGE NO. 94-1 (640.10) The City Clerk presented Ordinance No. 3245 for adoption by Council - "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-0, RECREATIONAL OPEN SPACE WITH OIL PRODUCTION ZONE CHANGE NO. 94-1." Public hearing and introduction approved July 18, 1994. 182 Page 14 - Council/Agency Minutes - 08/02/94 On motion by Winchell, second Moulton -Patterson, Council, after reading by title, adopted Ordinance No. 3245 by the following roll call vote: AYES: Silva Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) CONTINUED FROM AUGUST 1. 1994 - ORDINANCE NO. 3244-ADOPTED_- HOLLY-SEACLIFF SPECIFIC PLAN AMENDMENT - CODE AMENDMENT NO. 93-10 (640,10) The City Clerk presented Ordinance No. 3244 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING HE HOLLY-SEACLIFF SPECIFIC PLAN CODE AMENDMENT NO. 93-10." Public hearing and introduction approved on July 18, 1994, reintroduced due to change in ordinance page four, lines five, six, seven, twelve, thirteen and fourteen. On motion by Winchell, second Leipzig, Council approved introduction of Ordinance No. 3244 by the following roll call vote: AYES: Silva Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) CONTINUED FROM AUGUST 1, 1994 - RESOLUTION NO. 6620 - SUPPORT "SAVE OUR STATE INITIATIVE." - CONTINUED TO SEPTEMBER 19, 1994 (120.70) The City Clerk presented a resolution submitted by Councilmember Silva - Resolution No. 6620 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS ENDORSEMENT AND SUPPORT OF PROPOSITION NO. 187 THE SAVE OUR STATE INITIATIVE." Councilmember Silva gave reasons why he recommended the passage of Resolution No. 6620. Councilmember Bauer read from a newspaper article which stated that if the SOS Initiative is passed that citizens could be left with the portions that reduce citizens liberty but not reducing the benefits to illegal aliens. Councilmember Winchell stated that she believed tax dollars should be reserved for citizens however she did not believe there was a mechanism or procedure to do so in light of Supreme Court decisions. Councilmember Leipzig stated that he would abstain as the SOS Initiative was not a city issue. Mayor Moulton -Patterson stated that she would like an analysis by staff of the initiative. WIR Page 15 - Council/Agency Minutes - 08/02/94 Councilmember Sullivan stated that he believed that Council as individuals should study the issue and not place the burden on staff. He stated that he believed services should not be taken away from those who are legally here because of the costs of services to those who are not. On motion by Sullivan, second Moulton -Patterson, Council deferred action on Resolution No. 6620 to the meeting of September 19, 1994. Motion carried unanimously. Non -Profit Groups - License Fee Councilmember Silva inquired as to the business license fee for non-profit groups such as for bingo. The City treasurer reported that charitable and non-profit groups are not charged a fee. Intersection of Magnolia/Indianapolis Councilmember Silva referred to the public comments at the August 1st meeting regarding the accidents at Magnolia and Indianapolis. He requested that staff report at the next available meeting on the solution. The City Administrator and the Assistant City Administrator reported on the matter stating that the left hand turn lanes will be in place on Indianapolis no later than September 30th and also reported regarding the upcoming budget hearings in September of which the people at the parish are being informed would be the time to speak to Council on the budget as to the use of the funds in there; and that a memo is being prepared for Council regarding the alternatives Council may wish to consider. (City Council CONTINUED FROM AUGUST 1 1994 - SUBMISSION OF THREE PROPOSED COUNCIL POLICIES - COUNCILMEMBER BAUER REPORTED (120.10) The City Clerk presented a communication from Councilmember Bauer dated July 21, 1994 recommending that the City Council approve the following policies. Councilmember Bauer presented a brief review of each item including his rationale in developing them. 1. City Administrator Bi-Monthly Progress Report on items that are of an urgent nature or items passed by Council majority vote. (Forty-one items requested for report by September 1, 1994. 2. Procedure for consultants to follow prior employment contract approval by Council. 3. Submission of department head monthly reports beginning September 1, 1994. Councilmember Bauer presented a report on his communication. In Page 16 - Council/Agency Minutes - 08/02/94 (City Council) CONTINUED FROM AUGUST 1, 1994 - APPOINTMENT OF SECOND COUNCIL LIAISON TO BOARD OF APPEALS - COUNCILMEMBER ROBITAILLE APPOINTED (120.20) Mayor Moulton -Patterson announced that currently Councilmember Victor Leipzig is the only Council liaison assigned to the Board of Appeals. Councilmember Robitaille volunteered to serve as a City Council liaison to the Board of Appeals. (City Council) CONTINUED FROM AUGUST 1, 1994 - REQUEST FOR REPORT - SMOKING ORDINANCE STATUS (120.90) The Mayor presented a request for a staff report on status of city's smoking ordinance, including plans for education/enforcement on the 100% ban on smoking in eating establishments which become effective January 1, 1995 and how the city's ordinance will be impacted by recently signed State Smoking Ban. It was concurred that a staff report would be prepared. Deletion of Swap Meets from the Industrial Zone Councilmember Winchell inquired as to whether the city would want to amend the zoning code to delete swap meets from the industrial zoning. Councilmember Bauer and Leipzig commented. No action was taken on the matter. Request for Soils Report - Gothard Street Between Garfield and Ellis Avenues Councilmember Leipzig presented a request for a report on the status quality of soils on old Gothard Street between Garfield and Ellis Avenues as he believes the city has some responsibility to see that the soil is of quality for future homeowners. (City Council) Resolution No. 6624 - Adopted - Urges Enactment of All Get Tough on Crime Bills A motion was made by Leipzig, Winchell that the need arose to take action after the posting of the agenda. Motion carried unanimously. 18ra Page 17 - Council/Agency Minutes - 08/02/94 On motion by Leipzig, second Winchell, Council adopted Resolution No. 6624 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE ENACTMENT OF ALL "GET TOUGH ON CRIME" BILLS." The motion carved by the following roll call vote: AYES: Silva Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council CONTINUED FROM AUGUST 1 1994 - PROPOSED AMENDMENT TO CITY CHARTER SECTION 607 TO DELETE SECTION 607. TAX LIMITS (b)2 - NO ACTION TAKEN (610.20) The City Clerk presented a communication from Councilmember Dave Sullivan proposing that a Charter Amendment be made to the Huntington Beach City Charter Section 607 deleting Section 607(b)2, revoking authority to tax property to meet obligations of the city for the Public Employees Retirement System in which the city participates. The following resolutions were presented to Council relative to the item submitted by Councilmember Sullivan. (City Council CONTINUED FROM AUGUST 1 1994 - RESOLUTION NOS. 66211662216623 - NOVEMBER 8. 1994 GENERAL MUNICIPAL ELECTION - CHARTER AMENDMENT PROPOSED BY THE LEGISLATIVE BODY REGARDING ELIMINATING AUTHORITY FOR A PROPERTY TAX FOR OBLIGATIONS OF CITY FOR RETIREMENT SYSTEM IN WHICH CITY PARTICIPATES (610.20) The City Clerk presented a communication from the City Clerk transmitting resolutions necessary to place a measure proposed by the City Council to amend the Huntington Beach City Charter by eliminating the authority for a property tax which is assessed to meet obligations of the city for retirement system in which the city participates. The resolutions will call the election for the measure and request the Board of Supervisors of the County of Orange to consolidate the election with that of the Statewide Election pursuant to Section 23302 of the Election Code. RESOLUTION NO. 6621 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1994, FOR THE SUBMISSION TO THE VOTERS THE QUESTION RELATING TO A CHARTER AMENDMENT, ELIMINATING A PROPERTY TAX THAT IS ASSESSED TO MEET OBLIGATIONS OF THE CITY FOR THE RETIREMENT SYSTEM IN WHICH IT PARTICIPATES." RESOLUTION NO. 6622 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 1994, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE FOR THE PURPOSE OF SUBMITTING TO THE VOTERS THE QUESTION RELATING TO A CHARTER AMENDMENT PROPOSED BY THE LEGISLATIVE BODY, ELIMINATING A PROPERTY TAX WHICH IS 186 Page 18 - Council/Agency Minutes - 08/02/94 ASSESSED TO MEET OBLIGATIONS OF THE CITY FOR THE RETIREMENT SYSTEM IN WHICH THE CITY PARTICIPATES." RESOLUTION NO. 6623 - SETTING PRIORITIES FOR WRITTEN ARGUMENT REGARDING CITY MEASURE AND DIRECTION TO PREPARE IMPARTIAL ANALYSIS (610.20) The City Clerk presented a communication from the City Clerk transmitting Resolution No. 6623 relative to setting priorities for written arguments and preparation of an Impartial Analysis regarding a measure prepared by the City Council to amend the City Charter by eliminating the authority for a property tax which is assessed to meet obligations of the city for the retirement system in which the city participates. Resolution No. 6623 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." The City Administrator presented a report entitled Ballot Measure Fiscal Impact Study No. 94-49 from Robert Franz, Deputy City Administrator, to the City Administrator dated July 28, 1994. Also, a communication dated July 29, 1994 from Robert Franz, Deputy City Administrator, to the City Administrator entitled Adoption of Tax Rate - 1994-95. A document entitled City Administrator's Report dated August 2, 1994 was also provided to Council. The City Clerk stated that pursuant to the Brown Act copies of said documents were available at her desk. Councilmember Sullivan reported on the reasons why he had placed the resolutions on the agenda. He referred to a chart entitled Taxes and Assessments in addition to 1% Basic Levy and which included the cities of Costa Mesa, Fountain Valley, Garden Grove, Huntington Beach, Los Alamitos, Newport Beach, Seal Beach and Westminster. He presented a slide showing the salary increases where Huntington Beach was higher. Discussion was held regarding personnel salary surveys. Discussion was held regarding the proposed measure. The City Administrator stated that staff could request the county to reword the property tax bill to state that the assessment was for city employee retirement obligation. Councilmember Sullivan presented an alternative of reducing the tax obligation through the years until it is eliminated. Considerable discussion was held regarding Councilmember Sullivan's proposal and a phased reduction of the tax. The City Attorney reported that the city would not be able to get the tax back once eliminated. 18 - Page 19 - Council/Agency Minutes - 08/02/94 On motion by Leipzig, second Moulton -Patterson, Council directed the City Administrator to write the County Assessor and ask that the tax assessment be clearly written out as to the purpose being for city employee retirement obligation. The motion carried by the following roll call vote: AYES: Silva Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, NOES: Sullivan ABSENT: None Announce Absense from Council „Meetings Councilmember Silva stated that he would be absent from the August 15, 1994 Council meeting. 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, August 15, 1994 at 5:30 p.m., in Room B-8, Civic Center, Huntington Beach, California. &OW.� &A Clerk of the Redevelopment Agency and City Clerk and ex officio Clerk of the City Council of the City of Huntington Beach, California ATTW- City Clerk/Clerk Mayor/Chairman r • s