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HomeMy WebLinkAbout1994-08-15MINUTES CITY COUNCILJREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, August 15, 1994 Mayor Pro Tempore Robitaille called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:10 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Robitaille, Leipzig, Sullivan, Winchell (arrived 5:20 p.m.), Moulton -Patterson (arrived 6:20 p.m.) ABSENT: Silva Mayor Pro Tem Robitaille announced that Mayor Moulton -Patterson is on her way to the meeting and that Council would recess to Closed Session and reconvene for the Study Session after the Mayor arrives. RECESS The Mayor Pro Tem called a recess of the City Council and Redevelopment Agency. CLOSED SESSION The Mayor Pro Tem called a Closed Session of the City Council pursuant to Government Code Section 54956.9(c) to confer with its 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 - potential litigation city v. PERS. (120.80) The Chairman Pro Tem called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the agency's negotiator, City Attorney, regarding negotiations with driftwood mobile homeowners association concerning the purchase/sale/exchange/lease of the property located at Ellis Avenue and Goldenwest Street, OVE II - instruction will concern price and terms of payment. (400.50) The Chairman Pro Tem 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) instruction will concern terms of payment - Abdelmuti Development Company ("ADC") O.P.A. (400.50) s r r Page 2 - Council/Agency Minutes - 08/15/94 The Mayor Pro Tern called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Roberto Garcia v. City of Huntington Beach, et al - Orange County Superior Court Case No. 60 31 80. (120.80) The Mayor Pro Tem 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. (120.80) RECONVENE The Mayor reconvened the meeting of the City Council and Redevelopment Agency in Room B-8. STUDY SESSION - PRESENTATION BY COUNTY OF ORANGE REGARDING REVISED BOLSA CHICA ENVIRONMENTAL IMPACT REPORT Communications were received and distributed to Council from Harriett Wieder, Supervisor, Second District, dated August 10, 1994 and Robert E. Winchell, Huntington Beach Tomorrow, dated August 11, 1994. Harriet Wieder, Supervisor, Second District, Board of Supervisors, presented a staff report. Tom Matthews, Orange County Planning Director, presented a report on the approach for recirculating the Draft Environmental Impact Report. Councilmember Sullivan stated that the Community Development Department has asked for a ninety -day review period instead of the proposed forty-five day review period. Tom Matthews, Orange County Planning Director, stated that would be taken under consideration. The City Administrator reported that a letter was sent by staff on August 5, 1994 to Mr. Matthews requesting a ninety -day review period. Supervisor Wieder requested the Mayor appoint a Council Committee to meet with her and the Planning staff. Mayor Moulton -Patterson stated that she would be happy to appoint a Council Committee. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Moulton -Patterson. 190 Page 3 - Council/Agency Minutes - 08/15/94 CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: Silva PRESENTATION - CHECK FOR $2,500 - BOOKS FOR NEW CHILDREN'S WING OF THE CENTRAL LIBRARY - SUPERVISOR HARRIET WIEDER Harriett Wieder, Orange County Second District Supervisor, presented a check in the amount of $2,500 to Mayor Linda Moulton -Patterson to provide books for the new children's wing of the Huntington Beach Central Library. PRESENTATION - CHECK FOR $5,000 - TO ESTABLISH AN OAKVIEW BRANCH LIBRARY - SUPERVISOR HARRIET WIEDER Harriet Wieder, Orange County Second District Supervisor, presented a check in the amount of $5,000 to Mayor Linda Moulton -Patterson and Bruce Powers, President, Huntington Beach Library Patrons Foundation, to help establish a branch library adjacent to Oakview Elementary School. PRESENTATION OF PLAQUES TO AMYOTROPIC LATERAL SCLEROSIS ASSOCIATION ALS REPRESENTATIVES FOR THE DONATION OF TWO BEACH WHEELCHAIRS Mayor Linda Moulton -Patterson presented plaques on behalf of the city to Stacey Koressel, Amyotropic Lateral Sclerosis Association (ALS) Executive Director, and ALS representatives Betty Scharf, Mike Laux and Pat Martinex for the donation of two beach wheelchairs to the city. PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE FOURTH OF JULY EXECUTIVE BOARD MEMBERS Mayor Linda Moulton -Patterson presented Certificates of Appreciation to the Fourth of July Executive Board members and at -large board members: Deborah Cope, Randy Vyduna, Joan Munoz, Karen Pedersen, Pam Julien, Marilyn Thorp, Bob Traver, Carole Ann Wall, Norma White, Elaine Rosen, and Pat Stier_ Debra Cope, Fourth of July Executive Board Chairman, introduced Robin Lemonds, Bill Slavin and Katie Slavin who worked with the 5K Run. 19-1 Page 4 - Council/Agency Minutes - 08/15/94 PUBLIC COMMENTS The City Clerk announced the following late communications received and distributed to Council and stated that copies were available to the public pursuant to the Brown Act: Councilmember Bauer dated August 9, 1994 regarding meeting of the Huntington Beach Film Commission; Jeff Bergsma dated August 15, 1994 requesting continuance of the appeal regarding a basement addition to health club at 303 Third Street to September 19, 1994; fourteen communications in opposition to code changes affecting recreational vehicle and boat parking; Jean Polkow petition in opposition to code changes affecting recreational vehicle and boat parking; Robert and Fern Dittmer dated August 15, 1994 in opposition to code changes affecting recreational vehicle and boat parking, Dianne Easterling dated August 10, 1994 regarding the Cart/Kiosk Ordinance; Robert Winchell, Huntington Beach Tomorrow representative, dated August 11, 1994 regarding the review of the Revised Bolsa Chica Environmental Impact Report; Barbara Kaiser, Economic Development Director, dated August 15, 1995 regarding the Down Payment Assistance Program; Robert Winchell, Huntington Beach Tomorrow representative, dated August 11, 1994 regarding deed restrictions on Bolsa Chica Regional Park parcels to be transferred to the county; Robert Fisher, Orange County Director of Harbors, Beaches and Parks, dated August 11, 1994 regarding proposed deed restrictions for the Bolsa Chica Regional Park parcels; Huntington Beach Tomorrow requesting emergency action regarding the Bolsa Chica Environmental Impact Report; and Harriett Wieder, Orange County Supervisor, dated August 10, 1994 pertaining to the Bolsa Chica Environmental Impact Report. Eileen Murphy, Ed Kerins, Huntington Beach Tomorrow representatives, Adrianne Morrison, Amigos de Balsa Chica representative, Flossie Horgan and Connie Boardman Balsa Chica Land Trust representatives, Nancy Donaven, Dick LeGrue, Bolsa Chica Land Trust representative, and Jacque Geier -Lahti spoke in support of the appropriation of $75,000 for consultant services for review of the revised Bolsa Chica Environmental Impact Report due to the loss of development fees, tax burden to city residents, loss of services and quality of life, archeological study needed, eligibility for Historic Register, study of alternative plan and impacts, and that a request for extension of the review period for the Draft Environmental Impact Report be sent to the county. Melvin Long spoke in opposition to proposed code changes affecting recreational vehicle and boat parking. Mayor Moulton -Patterson stated that at the last City Council meeting Council directed the Planning Commission and staff to remove any changes in the proposed code changes relating to recreational vehicle parking and ham radio antennas. She read from the recommended action to be taken during the meeting "Direct staff to remove any changes to the proposed zoning and subdivision ordinance relative to the parking of recreational vehicles and boats on R-1 Low Density Residential properties and the installation of ham radio antennas and to maintain the current provisions contained in the Huntington Beach Ordinance Code." The City Clerk announced that there were several speakers interested in speaking regarding the proposed code changes relating to recreational vehicle parking and would be speaking under the public hearing regarding the Proposed Zoning and Subdivision Ordinance, Division 9 Rewrite, in order to be made a part of the official public record. 192 Page 5 - Council/Agency Minutes - 08/15194 Joe Lyman, Fountain Valley resident, stated that he witnessed wrongdoing by Police Department personnel on the Fourth of July in the downtown area. He stated that an announcement should be made telling people what to do and an avenue of escape provided for the crowd to disperse. He stated that for the most part, the people were peaceful. He volunteered to work with the City Council to bring peace to Huntington Beach, Bill Mello, John Burgio, Steve Olim, and Teddi Alves, Citizen's Bureau of Investigation (CBI) representatives, spoke regarding Councilmember Sullivan's proposal to place the Public Employees Retirement System (PERS) issue on the ballot, threats made by Police officers, complaints filed with the Police Department, campaign contributions received by Councilmember Silva from the Police Department and Rainbow Disposal, letters from PERS, request for Councilmember Silva to resign from City Council and withdraw from Orange County Supervisor race, Leon McKinney presented slides entitled Notes on Case Study Analysis. He spoke in opposition to pay increases for city employees and PERS pickup by the city. He stated that copies of the material are available to the public. Jim Bridges presented slides regarding compensation for a Huntington Beach Police Department Sergeant. He commented regarding who voted for the Memorandum of Understandings that allowed spiking. Jerry Hinkey, city employee, spoke in support of the adoption of Resolution No. 6626 setting the tax rate for charter approved indebtedness. He asked that Council put aside personal agendas and political aspirations and vote in the best interest of the city. Paul Crost, Attorney representing the Huntington Beach Management Employees Organization, spoke in opposition to the proposed reduction of the tax rate as it will reduce city revenue and stated that it will result in additional cuts in city services. He stated that cutting taxes is an easy way for politicians to gain favor with the voters. He stated that to make wise choices and have the courage to stand by them and to educate the public about the reasons is a far tougher course to follow. He stated that Council is entrusted with the safety, welfare and economic health of this community and cutting taxes or tax rates at this time would constitute a breech of trust and designed to give those who vote for it short term personal benefits regardless of the effects on the city. Barbara Marrs, Seacliff Coalition, stated that she is speaking for a number of people listed on a communication she distributed to Council. She spoke in support of deed restrictions on the Bolsa Chica Linear Park parcels regarding native vegetation, grading and filling, protection of the land from asphalt and that the park be developed and maintained as intended. Terri Osborn, Harbor Pines Homeowners Association Board of Directors representative, spoke in opposition to proposed night time use of the athletic fields at Harbor View Elementary School due to the proposed sixty and eighty foot tall light poles, increased parking and traffic problems. Mayor Moulton -Patterson stated that she had discussed the matter with the Assistant City Administrator and had requested a legal opinion. 193 ., Page 6 - Council/Agency Minutes - 08/15/94 The City Administrator read from a letter from the City Attorney dated August 11, 1994 stating that the city does not have the power to regulate the installation and use of lights at Harbor View School if the Ocean View School District has voted to render the city's zoning ordinance inapplicable to the project. The City Administrator stated that he would meet with the group to discuss their concerns. Dave Recupero spoke representing forty-eight residents requesting the allocation of funds for street improvement to Softwind Drive and curbs and gutters. He stated that a petition with approximately fifteen signatures was distributed to Council. He distributed photographs to Council and the City Clerk. Councilmember Bauer spoke regarding the Public Works Program for Street Maintenance and requested Mr. Recupero contact the Public Works Department staff to identify where Softwind Drive is on that schedule. John Merzweiler spoke regarding a street fight involving firearms in the downtown area on Friday night. He stated that gang bangers started the fight and the Police Officers arrested the man who was assaulted. Chuck Barbara commended Mayor Moulton -Patterson, Supervisor Harriett Wieder and Community Services Director, for promptly addressing his neighborhood skunk problem with Animal Control. Marcia Hanscom spoke regarding appeals filed by Huntington Beach Tomorrow, the Sierra Club, Ms. Hanscom and the Coastal Commission and negotiations involving conditions added to the coastal permit for the Bolsa Chica Regional Park parcels to include no filling of the wetlands on the property, removal of non-native vegetation to be done by volunteers by hand with no weed killers or heavy equipment, County of Orange to hire a Volunteer Coordinator, County of Orange to hire a top wetlands restoration expert to review the program, low impact pedestrian trails to be built, comprehensive archeological survey, and ranch fencing to protect habitat from bulldozers. George Arnold spoke in support of people parking recreational vehicles on their own property as long as they do not look ugly. He spoke in opposition to the parking of recreational vehicles on the street. He stated that the City Clerk wrote a letter to the City Attorney requesting an opinion regarding Council candidates selling T-shirts on the pier and has not received a response. He stated that City Council members are elected by the people and should do what the people want. Pat Downey spoke in opposition to seating sales at the Surf Contest. He stated that there was very little room on the sand for the public to sit and that they were not allowed to use the bleacher seating on the pier. Mark Porter, Huntington Beach Tomorrow representative, spoke in support of deed restrictions on the Bolsa Chica Linear Park parcels and advised Council to direct the City Attorney to research proposed deed restrictions. 194 Page 7 - Council/Agency Minutes - 08/15/94 Wendy Roves stated that one of the reasons she moved to Huntington Beach was for the underground utilities and that Paragon Cable had changed that with their boxes in front of homes. She stated that residents rights are being taken away. She encouraged citizens to take an active part in city government. Robert Williams, Sierra Club, Preserve Bolsa Chica Task Force representative, spoke in support of deed restrictions on the Bolsa Chica Linear Park parcels including no vehicle parking within the park, native vegetation, minimal use of pesticides and minimal loss of wildlife and habitat. He stated that the deed restrictions should be in writing. Rudy Vietmeier, Sierra Club, Preserve Bolsa Chica Task Force representative, spoke in support of deed restrictions on the Bolsa Chica Linear Park parcels. He invited the Council to the Grand Opening of the Sierra Club Book Store in Long Beach on Saturday, August 20, 1994, at 340 E. Fourth Street. Jan Vandersloot, Bolsa Chica Land Trust representative, spoke in support of deed restrictions on the Bolsa Chica Linear Park parcels. He requested that Council direct staff to work with the county to develop deed restrictions. He distributed a communication to Council. Richard Wright, Huntington Beach Police Officers Association President, spoke in opposition to a proposed tax roll back. He stated that the Huntington Beach Police Department per capita is the lowest manned Police Department in the State of California, the citizens of Huntington Beach pay the least amount for Public Safety per capita than any other city in Orange County, the reduction of this tax, even over a lengthy time period, would be devastating to the city and do little to help an individual citizen financially. He asked that the Council not do anything to undermine the ability of the city to continue to attract and keep qualified employees, maintain the quality of life for our citizens and that loss of services would affect property values. Bryan Bridges spoke in opposition to the relocation of skunks to an alpine environment and stated that they will not survive. He gave reasons why he believed the Mayor's comments regarding the proposed Swap Meet were bigoted and racist and that the proposed ban of gun sales was bigoted. He spoke regarding gun laws. He stated that he would like an apology from the Mayor. Request for Study Session with Fourth of July Board Councilmember Winchell stated that the study session scheduled with the Fourth of July Board was canceled due to the need for Council to meet regarding the Bolsa Chica Environmental Impact Report. She stated that it is imperative that Council meet with the Fourth of July Board within the next month and get moving on what our direction is for next year. She requested a study session on August 29, 1994 with the Fourth of July Board. Report Regarding Responses to Public Comment Issues The City Administrator reported regarding responses to issues brought up during the Public Comments portion of the meeting. He clarified an error stated during Public Comments that there are twenty-one cities in Orange County that pay the employee portion of the Public Employees Retirement System (PERS) which may have an effect on a future Council decision. 195 Page 8 - Council/Agency Minutes - 08/15/94 Budget Workshop to be Held August 22, 1994 - Budget Public Hearings Scheduled for September 6 and September 16 The City Administrator reported that a Budget workshop to be held on August 22, 1994 at 6:30 p.m. with a Closed Session to begin at 5:00 p.m. He stated that the Budget public hearings will be on September 6 and September 16 and that copies of the Budget are available for public review at City Hall and the Central Library. (City Council) PUBLIC HEARING CONTINUED OPEN FROM AUGUST 2, 1994 - APPEAL 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 SEPTEMBER 19, 1994 PER APPLICANTS REQUEST (420.40) The City Administrator stated that a request for continuance to September 19, 1994 was received from the applicant. The City Clerk announced the following late communication received and distributed to Council and stated that copies were available to the public pursuant to the Brown Act from Jeff Bergsma dated August 15, 1994 requesting continuance of the appeal regarding a basement addition to health club at 303 Third Street to September 19, 1994 A motion was made by Winchell, seconded by Leipzig, to continue the public hearing open regarding the 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 to September 19, 1994 per the applicant's request. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT Silva, Robitaille (out of the room) (City Council) PUBLk"' HEARING - CODE AMENDMENT NO. 93-5B - CARTS/KIOSKS - OUTDOOR SALES AND DISPLAYS - INTRODUCTION OF ORDINANCE NO. 3248 - HBOC/DOWNTOWN SPECIFIC PLAN - CONTINUED OPEN TO OCTOBER 3. 1994 (640.10) The City Administrator stated that staff had requested a continuance of the public hearing on Code Amendment No. 93-5B to October 3, 1994 for further review. The City Clerk announced the following late communication received and distributed to Council and stated that copies were available to the public pursuant to the Brown Act from Dianne Easterling dated August 10, 1994 regarding the Cart/Kiosk Ordinance. 1:9 6 Page 9 - Council/Agency Minutes - 08/15/94 A motion was made by Winchell, seconded by Leipzig, to continue the public hearing open regarding Code Amendment No. 93-513 regarding carts/kiosks, outdoor sales and displays and introduction of Ordinance No. 3248 to October 3, 1994. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT Silva, Robitaille (out of the room) (City Council) PUBLIC HEARING CONTINUED OPEN FROM AUGUST 2. 1994 - CODE AMENDMENT NO. 91-10 - ENVIRONMENTAL ASSESSMENT NO. 91-32 - PROPOSED ZONING AND SUBDIVISION ORDINANCE - DIVISION 9 REWRITE - SUPPLEMENTAL ACTION ON NEGATIVE DECLARATION NO. 91-32 - CODE AMENDMENT NO.91-10 - RECREATIONAL VEHICLE AND BOAT PARKING - HAM RADIO ANTENNAE -.APPROVED (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. 91-10 - Environmental Assessment No. 91-32 APPLICANT: City of Huntington Beach, Department of Community Development REQUEST: Repeal existing Huntington Beach Ordinance Code (Division 9) and establish a new zoning and subdivision ordinance for inclusion in the Huntington Beach Municipal Code. The new ordinance updates the zoning and subdivision provisions by incorporating current planning principles and planning requirements of state law, deleting duplications and conflicts, and streamlining review processing. COASTAL STATUS: An amendment to the Huntington Beach Local Coastal Program Implementing Ordinances will be filed with the California Coastal Commission following adoption by the City Council. PUBLIC HEARING TOPIC FOR AUGUST 15, 1994 TITLE 23: Provisions Applying in All or Several Districts: Off -Street Parking and Loading; Landscape Improvements; Signs RECREATIONAL VEHICLE AND BOAT PARKING ON RESIDENTIAL PROPERTIES AND HAM RADIO ANTENNAE: Ratification of Mayor Linda Moulton-Patterson's statement at the August 2, 1994 City Council meeting that no changes would be made to current Zoning Code regulations pertaining to the parking of recreational vehicles and boats on R1 properties and ham radio antennae. The Community Development Director reported that this is the sixth public hearing regarding the Division 9 rewrite. Susan Pierce, Community Development Associate Planner, presented a staff report using slides regarding off-street parking and loading, landscape improvements and signs. 197. Page 10 - Council/Agency Minutes - 08/15/94 Mayor Moulton -Patterson declared the public hearing open. Communications were received and distributed to Council from the Director of Community Development regarding the parking of recreational vehicles and boats on R1 properties and ham radio antennae; William Beaver and Gail Beaver; E. F. Beaver and Montrose Beaver; Fred Breneman and Jean Breneman dated August 1, 1994; Jo Smith dated August 3, 1994 in opposition to prohibiting RV's in residential driveways and fourteen persons in opposition to the '� .)osed code changes, The City Clerk announced additional communications received in opposition to code changes affecting Recreational Vehicle and Boat Parking from: fourteen persons in opposition to the proposed code changes, a petition submitted by Jean Polkow listing approximately three hundred thirty signatures, Robert and Fern Dittmer dated August 15, 1994 and Robert A. Polkow received July 27, 1994. Sterling Cohurst stated that he would defer to the president of the Homeowners Association, Bob Riedeser. Bob Riedeser, Meredith Gardens Homeowners Association representative, spoke in support of the proposed code changes affecting recreational vehicle, trailer and boat parking. He spoke in opposition to the visual nuisance caused by parking of oversized vehicles in the street and in front yards. He distributed photographs to Council. Ken Konold spoke in opposition to the proposed code changes affecting recreational vehicle and boat parking. He stated that Meredith Gardens has CCR's that can be enforced and that the regulations should be left the way they are. Bob Polkow stated that the City Clerk has hundreds of petitions in opposition to the proposed code changes affecting recreational vehicle and boat parking. He stated that there would have been more petitions but the City Administrator announced on August 2, 1994 that the recreational vehicle parking and ham radio antenna issues would be pulled for further review. He stated that he bought a home in an R-1 zoned area so that he could park his motor home on his property and that he has a lot of money invested in his home and recreational vehicle. He urged Council to delete the regulations regarding recreational vehicle parking and requested that all persons who wrote in opposition to the proposed code changes by letter or petition be notified of any future public hearings on this issue. Donna Shelton stated that she had thirty-five hundred (3,500) address labels for recreational vehicle owners in the city and that the list does not include all owners of motor homes. She stated that the city does not have the storage facilities for all the recreational vehicles in the city. She stated that residents would leave the city and new people would not move here if they have a recreational vehicle_ She stated that recreational vehicles serve a purpose during emergencies such as the Northridge earthquake. Pat Britt, past president of the Meredith Gardens Homeowners Association and current Board member, requested clarification from Councilmember Winchell regarding her statement relative to the parking of recreational vehicles. Page 11 - Council/Agency Minutes - 08/15/94 Councilmember Winchell stated that the current code allows recreational vehicle parking on the driveway and in the side yard next to the driveway if it is paved. Pat Britt spoke in opposition to the paving of the side yard for storage of recreational vehicles and stated that it erodes the property values of the homes in the area. The Planning Director reported. Discussion was held by Councilmember Winchell and staff. Ken Parkman stated that he has owned a recreational vehicle and parked it in his driveway for twenty years. He stated that he had surveyed the storage facilities for recreational vehicles in the city and found that there are only thirty spaces available. He spoke in opposition to the proposed code changes regarding the parking of recreational vehicles. R. G. Dittmer spoke in opposition to the proposed changes affecting recreational vehicle and boat parking. He stated that he and his wife are retired, on a fixed income and cannot afford $600 to $800 per month for storage of the vehicle. He stated that his recreational vehicle is stocked as an emergency shelter for earthquakes and requested that Council not put restrictions on homeowners property. He distributed photographs to Council. Jim Sadler spoke in support of the recommended action to remove any changes to the Proposed Zoning and Subdivision Ordinance relative to the parking of recreational vehicles and boats on R1, Low Density Residential, properties and the installation of ham radio antennae and to maintain the current provisions contained in the Huntington Beach Ordinance Code. Bryan Bridges stated that he has lived in an apartment complex for seventeen years and the density has increased in the area and parking problems have gotten worse. He spoke in opposition of the proposal to mandate that all parking spaces that are not assigned to an apartment be open to the public and stated it would allow visitors to other apartment complexes to park in his complex parking spaces. He stated that the federal government has set aside air space for ham radio users and the city should not impose restrictions on the antennas. There being no one further present to speak on the matter and there being no further protests fled, either oral or written, the hearing was closed by the Mayor. Councilmember Winchell requested clarification regarding satellite dishes and ham radio antenna. Susan Pierce responded that staff had removed the section regarding satellite dishes in order to fulfill FCC requirements but the ham antennas code would be left as it is. 199 Page 12 - Council/Agency Minutes - 08115194 A motion was made by Winchell, seconded by Sullivan, to direct staff to remove any changes to the Proposed Zoning and Subdivision Ordinance Code relative to the parking of recreational vehicles and boats on R1, Low Density Residential, properties and to remove any changes to the proposed code regarding the installation of ham radio antennae and on both of these, to maintain the current provisions that are contained in the Huntington Beach Ordinance Code, parking of recreational vehicles contained in Chapter 231 and ham radio antenna provisions are contained in Chapter 230. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT Silva A motion was made by Winchell, seconded by Sullivan, to approve by straw vote Chapters 231, 232, and 233, (Off -Street Parking and Loading, Landscape Improvements, and Signs) of Title 23 as presented tonight with the exception of the amendment of the previous motion of the Proposed Zoning and Subdivision Ordinance rewrite. An amendment to the motion was made by Leipzig, accepted by Winchell, to remove Section 233.18 on balloons for further review by the Council Committee on the Sign Code. Councilmember Bauer requested clarification regarding parking spaces in an apartment complex. Susan Pierce responded that a number of the unassigned spaces must remain for guest parking in both the current code and the proposed code. Councilmember Sullivan stated that the Council Committee on the Sign Code was still working and would be amending the section relating to signs in the future. The motion as amended carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT Silva RECESS - RECONVENE The Mayor called a recess of Council/Redevelopment Agency at 10:00 p.m. The meeting was reconvened at 10:15 p.m. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Leipzig) Amicus Brief to support the City and County of San Francisco of appeal to reverse district court ruling regarding "salary test" and League of Cities Annual Conference Delegates; (Sullivan) bid award - Oakview Branch Library, and appropriation of $75,000 for consultant services for review of revised Balsa Chica Environmental 0 0 Impact Report. Page 13 - Council/Agency Minutes - 08/15/94 CONSENT CALENDAR - ITEMS APPROVED On motion by Leipzig, second Sullivan, Council approved the following items, as recommended, by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council BUDGET APPROPRIATION - REPLACEMENT OF STREET TREES - APPROVED (320.20) - Approved an appropriation of $16,000 to fund the purchase of replacement street trees when the costs of those trees are reimbursed by residents. (City Council) ORANGE COUNTY COMBINED TRANSPORTATION OCCT FUNDING PROGRAMS ANNUAL ELIGIBILITY - RESOLUTION NO. 6627 - ADOPTED (800.45) - Adopted Resolution No. 6627 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF HUNTINGTON BEACH." The Orange County Combined Transportation Funding Program (OCCTFP) requires the annual adoption of a resolution affirming city adherence to the OCCTFP policy requirements. (CitV Council) ACCEPTANCE OF DONATION FROM LIBRARY PATRONS AND PUBLIC FACILITIES CORPORATION - REIMBURSEMENT TO LIBRARY CONSTRUCTION FUND - PHASE 11 POOLS AND FOUNTAINS ADDITIONAL WORK - APPROVED (600.80) - Accepted $40,000 in donations from the Library Patrons Foundation and the Public Facilities Corporation for additional work which was required under Phase 11 of the Library Expansion Project for completion of the pools and fountains. (City Council AGREEMENT - COUNTY OF ORANGE - SUPPLEMENTAL POLICE SUPPORT - RECOMMENDED ACTION - APPROVED (600.25) - Authorized and approved execution of a five-year Agreement between the city and the County of Orange for supplemental police support from the Orange County Sheriff's Department on an as -needed basis to terminate on June 30, 1999. (City Council AGREEMENT - PROPERTY MANAGEMENT - LOMCO - EMERALD COVE SENIOR CITIZEN APARTMENT COMPLEX - APPROVED (600.10) - Retained LOMCO as the property management company for Emerald Cove. Extended the existing management agreement for a further five years and authorized the execution of the Supplemental Agreement No. 1 to the Management Agreement by and between the city and Living Opportunities Management Company, "LOMCO" by Mayor and City Clerk, which raises the per unit management cost per month from $15 to $18. .201 Page 14 - Council/Agency Minutes - 08/15/94 (City Council USE OF JAIL REVENUE TO PAY REMODEL OF THIRD MODULE IN FEMALE HOUSING UNIT OF CITY .JAIL - APPROVED (320.20) - Appropriated $33,900 from the unexpended General Fund and authorized expenditure of $33,900 for the conversion of the third module to a Pay to Stay facility for females. (City Council GRANT AWARD - COUNTY OF ORANGE - LIBRARY/ CHILDREN'S BOOKS - APPROVED (340.80) - Accepted the grant award of $2,500 and deposit into Account R-GQ-LS- 831 and appropriated the $2,500 into Account E-GQ-LS-898-320 children's books. Cit Council ADOPTION OF GANN ANNUAL APPROPRIATION LIMIT - FISCAL YEAR 1994- 95 - RESOLUTION NO. 6625 - ADOPTED (320.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 1993f94." (City Council INTERGOVERNMENTAL SERVICE AGREEMENT - CITY OF WESTMINSTER - DETAINEES HB CITY JAIL SERVICES - FULL-TIME CUSTODIAL OFFICER - APPROVED (600.10) - Approved and authorized Mayor and City Clerk to execute Intergovernmental Service Agreement between the city and the City of Westminster for the Detention at the Huntington Beach Police Department of detainees held in custody by the Westminster Police Department and approved the hiring of one full-time male custodial officer. (City Council AMICUS BRIEF - SUPPORT CITY AND COUNTY OF SAN FRANCISCO BEFORE NINTH CIRCUIT COURT OF APPEAL TO REVERSE DISTRICT COURT RULING REGARDING "SALARY TEST" -APPROVED (630.50) The City Clerk presented a communication from the City Attorney requesting a Council action regarding whether the city should join in an amicus brief supporting the City and County of San Francisco before the Ninth Circuit Court of Appeal, wherein they will seek reversal of a District Court ruling which held that the 1954 "salary test" could not be lawfully applied to the City and County of San Francisco. Councilmember Leipzig stated that there was not enough information provided in order to make a decision. The City Attorney reported regarding the importance of the case to public entities. Robert Franz, Deputy City Administrator, reported on the case and stated that the ruling said that if you deduct an hour from an employees pay and require them to use vacation time in order to receive a full eight hours of pay it does not meet the salary test of the Fair Labor Standards Act and therefore you cannot require that employee to be exempt from the Fair Labor Standards Act. 20 Page 15 - Council/Agency Minutes - 08115/94 A motion was made by Leipzig, seconded by Sullivan, to join in the amicus brief supporting the City and County of San Francisco before the Ninth Circuit Court of Appeal, wherein they will seek reversal of a District Court ruling which held that the 1954 "salary tesf could not be lawfully applied to the City and County of San Francisco. Stewart v. City and County of San Francisco (1993) 834 F. Supp. 1233, Appeal No. 94-80094. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council LEAGUE OF CITIES ANNUAL CONFERENCE DELEGATES - MOULTOW PATTERSON AND SULLIVAN -APPROVED (150.40) The City Clerk presented a communication from the City Administrator requesting the appointment Mayor Linda Moulton -Patterson to represent the city as the designated voting delegate for the League of Cities 1994 Annual Conference; and appointment of Councilmember Victor Leipzig to represent the city as the designated voting alternate for the League of Cities 1994 Annual Conference. Councilmember Leipzig stated that he would be unable to attend the conference and requested that another Councilmember be appointed as alternate for the League of Cities 1994 Annual Conference. A motion was made by Bauer, seconded by Leipzig, to appoint Mayor Linda Moulton -Patterson to represent the city as the designated voting delegate for the League of Cities 1994 Annual Conference and appoint Councilmember Sullivan to represent the city as the designated voting alternate for the League of Cities 1994 Annual Conference. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council BID AWARD - OAKVIEW BRANCH LIBRARY - T.L.S. CONSTRUCTION INCORPORATED - REAPPROPRIATION OF FUNDS FROM FLORIDA-YORKTOWN STREET IMPROVEMENTS - CC-874 - APPROVED (600.80) The City Clerk presented a communication from the City Administrator regarding the bid award for the Oakview Branch Library. Councilmember Sullivan questioned the expenditure for the Deputy Inspector. The Library Director reported that since the branch library will be on school property the State Architectural Department will review the process of constructing this unit and certify at the end of construction which involves the Deputy Inspector and was included in the budget for the project. .203 Page 16 - Council/Agency Minutes - 08/15/94 Councilmember Sullivan spoke regarding staffing of the facility. A motion was made by Sullivan, seconded by Leipzig, to approve the re -appropriation of $76,424.20 from the completed Florida -Yorktown Street Improvement Project to the Oakview Branch Library Project, approve the low bid submitted by T.L.S. Construction, Incorporated and authorize the Director of Public Works to expend $251,654.20 to cover contract costs of $223,322.00 anticipated construction change orders of $22,332,20, supplemental expenditures of $1,000.00 and $5,000 for the provision of a Deputy Inspector. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council) APPROPRIATE $75,000 FROM GENERAL FUND AND AUTHORIZE NEGOTIATIONS WITH CONSULTING FIRMS - P AND D ENVIRONMENTAL SERVICES - ALBERT GROVER AND ASSOCIATES - PUBLIC ECONOMICS INCORPORATED - REVIEW OF REVISED BOLSA CHICA ENVIRONMENTAL IMPACT REPORT - APPROVED (320.20) The City Clerk presented a communication from the City Administrator regarding appropriation of funds and authorization to negotiate with necessary consultants for review of the revised Balsa Chica Environmental Impact Report. A communication was received and distributed to Council from Robert Winchell, Huntington Beach Tomorrow representative, dated August 11, 1994 pertaining to the Review of the Revised Bolsa Chica Environmental Impact Report and deed restrictions on Bolsa Chica Regional Park parcels to be transferred to the county; Robert Fisher, Orange County Director of Harbors, Beaches and Parks, dated August 11, 1994 regarding proposed deed restrictions for the Bolsa Chica Regional Park parcels; Huntington Beach Tomorrow requesting emergency action regarding the Bolsa Chica Environmental Impact Report; and Harriett Wieder, Orange County Supervisor, dated August 10, 1994 pertaining to the Bolsa Chica Environmental Impact Report. A motion was made by Sullivan, seconded by Leipzig, to appropriate $75,000 from the General Fund for consultant services for review of the revised Bolsa Chica Environmental Impact Report a.A authorize staff to negotiate with consulting firms of P and D Environmental Services, Albert Grover and Associates, and Public Economics, Incorporated for services not to exceed $75,000. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva 204 Page 17 - Council/Agency Minutes - 08/15/94 A motion was made by Sullivan, seconded by Leipzig, to make a determination that the need to take action on the issue of a ninety -day review period for the Environmental Impact Report for the Bolsa Chica arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: Silva Motion to Direct Letter to County_ Requesting a Ninety -Day Review Period for the Environmental Impact Report for the Bolsa Chica - Approved A motion was made by Sullivan, seconded by Leipzig, that the City Council send a letter under the Mayor's signature strongly urging the County of Orange to have a ninety -day review process for the Environmental Impact Report for the Bolsa Chica Councilmember Leipzig stated that it is the county's intent to only take action on the Environmental Impact Report after the Local Coastal Program, Development Agreement, and Environmental Impact Study then this ninety -day review period fits into their calendar. An amendment to the motion was made by Bauer to address the letter to the Chairman of the Board of Supervisors, and copies to various Federal and State agencies who have a concern here. An amendment to the motion was made by Moulton -Patterson, accepted by Sullivan, that the letter should go to Harriett Wieder on the Board of Supervisors with copies to the Chairman of the Board and all the members. The motion as amended carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: Silva (City Council REPORT AND RECOMMENDATIONS REGARDING SKUNK PROBLEM - CENTRAL PARK AREA APPROVED (570.60) The City Clerk presented a communication from the Director of Community Services reporting per Council's request on what could be done to deal with the increase in skunk related problems in the Central Park area. A communication was received and distributed to Council from Chuck Barbara received August 8, 1994. Page 18 - Council/Agency Minutes - 08/15/94 The Community Services Director presented a staff report regarding a program of education and information for the public through HBTV3 and fliers at the Community Centers, resident support, removal of skunk population, elimination of food source in residential areas, contract with trappers to do a one-time removal of skunks from the area to be released in a wilderness area, a skunk hotline to report problems, and odor removal products that are being donated by companies to the city. He introduced Judy Maitland from Orange County Animal Control Director. In response to Councilmember Leipzig's question, the Community Services Director reported that the skunks were in the Meadowlark Development area, the Holly-Seacliff Development area, around the flood control channels and park sites. In response to Councilmember Sullivan's question, the Community Services Director reported regarding the calculation of increases in the skunk population. Judy Maitland, Orange County Animal Control Director, reported regarding the public education program, canvass of the area, and a similar incident in Los Alamitos. Councilmember Sullivan commended Mayor Moulton -Patterson for the quick response to the community and arranging a meeting with Supervisor Wieder. Councilmember Winchell questioned what state regulations control the relocation of animals. Judy Maitland responded that the people who do the relocation are licensed to do so. A motion was made by Leipzig, seconded by Sullivan, to direct staff to contract with a licensed animal and pest management service to trap, remove and relocate skunks from Central Park and the adjacent area to a wilderness area; appropriate $3,000 from General Fund reserves into Account No. E-AA-CS-349-390 Contractual Services to initiate a skunk removal program in Central Park and the surrounding area to include an education campaign, distribution of the odor control products and the "skunkline" information phone line part of the education program. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council CENTRAL LIBRARY EXPANSION PROJECT - INCREASE IN CHANGE ORDER - GENTOSI BROTHERS - CC-740 - APPROVED (600.80) The City Clerk presented a communication from the Acting Director of Public Works regarding the Central Library Expansion Project (Phase 1) Change Order limit increase to facilitate Final Payment. The City Engineer presented a staff report. 206 Page 19 - Council/Agency Minutes - 08/15/94 A motion was made by Leipzig, seconded by Moulton -Patterson to increase the authorized Change Order limit by $18,338 to fulfill the city's obligation to Gentosi Brothers, Incorporated for the improvements of the Central Library Expansion Project (Phase 1) CC-740. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Wincheli, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council/Redevelopment Agency) DOWN PAYMENT ASSISTANCE PROGRAM ORIGINAL LOAN DOCUMENTS TRANSMITTED FOR THE CUSTODY OF THE OFFICE OF THE CITY CLERK - DOCUMENTATION AND PROCESSING AUDIT REQUESTED - APPROVED (340.70) The City Clerk presented a communication regarding Down Payment Assistance Program original loan documents transmitted by Administration and Economic Development/Redevelopment for responsibility and official custody of the Office of the City Clerk. Announced earlier in the meeting pursuant to the Brown Act was a communication dated August 15, 1994 received and distributed to Council from the Economic Development Director pertaining to the Down Payment Assistance Program and recommending an alternative action to form a committee. Also, a communication from Ray Silva, Assistant City Administrator, dated August 11, 1994 requesting Council to pull the item to allow a staff meeting to take place prior to Council review and decision of the City Clerk's request. The City Clerk presented a staff report. Councilmember Leipzig commended the City Clerk for her attention to detail and procedural correctness. He requested that the item be continued for two weeks for further study. The City Clerk presented reasons why she did not agree to Administration's recommendation for continuance. Councilmember Bauer suggested a Council Committee to study the problem, the City Administrator could recommend firms qualified to conduct the study, and the City Council retain a firm to investigate the problem. Councilmember Sullivan spoke in support of the City Clerk's request and stated that attempts have been made to resolve this with the departments but it has not been handled to the satisfaction of the City Clerk. A motion was made by Sullivan, seconded by Robitaille, to enable the Office of the City Clerk to utilize an outside Loan Documentation Expert to conduct a Documentation and Processing Audit of all original City of Huntington Beach/Redevelopment Agency Down Payment Assistance Loan Agreements and related documents for which the City Clerk is now being asked to assume responsibility and official custody at a cost not to exceed $2,500. 207 Page 20 - Council/Agency Minutes - 08/15/94 Councilmember Bauer expressed concern that if a consultant is hired that reports to the City Clerk and presents recommendations that does not mean that is going to happen. He stated that the consultant should report to the City Council. Discussion was held by Councilmember Bauer and the City Clerk. Councilmember Winchell stated that the City Clerk is mandated to keep certain records in an organized and correct fashion and we have many new processes and loan programs going on and there is some disagreement or lack of clarification as to the procedure and the timing of how the documents are cared for and the City Council needs to address the City Clerk's concerns. She stated that we need to get this process and procedure in place soon for everyone's comfort. The City Administrator stated that the City Attorney, City Clerk, and Economic Development Department need to sit down and develop a system that the three of them think is appropriate. He stated that Administration supports the City Clerk's effort to make sure that things are technically correct and that the integrity of the documents are kept in a proper way. The City Clerk requested that Council approve the recommended action as presented by the City Clerk's Office. The City Clerk stated that the major flaw was a newly approved procedure where a sample loan agreement was approved by Council last October, one time only, never to be presented again to the body for future loans, which allows the City Clerk to be removed from custody of the documents for processing. She stated that the agreement should be approved by Council each time and be in the City Clerk's custody before and after the meeting and transactions be parceled out from the Clerk's Office, The Assistant City Administrator reported. Councilmember Bauer requested that if an outside consultant is hired that the report be given first to the City Council before it is given to anyone else. The City Clerk stated that the consultant can prepare a procedure for adoption by the City Council. Mayor Moulton -Patterson asked the City Clerk if she had a problem with having the report go to the City Council. The City Clerk responded that the report would be presented to Council. Councilmember Leipzig stated that all consultants should meet once with the Mayor or other designated members of the City Council to make sure the consultant understands the marching orders, to clarify the intent for which that the person has been hired and clarify the goals that the City Council has. An amendment to the motion was made by Bauer, accepted by Sullivan, that before the consultant is hired they meet with the Mayor or the Mayor's designee and that any report issued by that consultant is presented to the City Council. �q! Page 21 - Council/Agency Minutes - 08/15194 The amended motion carried by the following roll call vote: AYES: Bauer, Robitailie, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council) DEED RESTRICTION ON PARCELS TRANSFERRED TO COUNTY OF ORANGE - BOLSA CHICA REGIONAL PARK PHASE 1A - APPROVED (650.10) The City Clerk presented a communication from the City Administrator regarding deed restriction on parcels transferred to the County of Orange for the Balsa Chica Regional Park. Communications that have been distributed to Council on the subject as follows: Sierra Club, Preserve Bolsa Chica Task Force dated July 12, 1994, Seacliff Coalition dated August 15, 1994, Jan Vandersloot regarding Upper Newport Bay dated August 15, 1994, three communications Robert E. Winchell, Huntington Beach Tomorrow, dated August 11, 1994 and August 12, 1994, Marcia Hanscom dated August 5, 1994, Robert Fisher, Orange County Environmental Management Agency, dated August 11. 1994, Harriett Wieder, Orange County Supervisor, dated August 10, 1994, Tom Matthews entitled Orange County Environmental Management Agency press bulletin dated August 15, 1994 and Executive Summary Bolsa Chica Local Coastal Program and three color illustrations of the Bolsa Chica 1993 Koll Land Use Plans for 2,500, 3,200, and 4,286 units. The Community Development Director presented a staff report stating that on May 2, 1994, the City Council approved the Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 for Phase 1A of the Bolsa Chica Regional Park and requested that staff look into the possibility of incorporating deed restrictions requiring that landscaping on the parcels be restricted to native vegetation. On May 15, 1994, a request for legal services was submitted to the City Attomey's Office to provide information on the possibility of incorporating deed restrictions on the parcels to be transferred to the County for Phase 1A of the Bolsa Chica Regional Park. However, in June of this year the Council approved transfer of the subject parcels without consideration of the deed restrictions. Transmitted for your review is the City Attomey's determination regarding the implementation of restrictive deed provisions. The City Attorney apologized for not being able to provide a legal opinion regarding the proposed deed restrictions due to the high volume activities and priorities in the last weeks. She stated that it was not the City Attomey's or Council's intention to approve a deed that did not contain these kinds of restrictions, if legally possible and that it was regrettable that the deeds were presented to Council and approved without the restrictions. She stated that the city had grounds for reforming a deed if it was not the intent to grant that deed as presented and the city would also have grounds through litigation. She stated that the enforcement of conditions on Conditional Use Permits is not always as effective as the city would like it to be. She stated that the Coastal Commission also supports those kinds of conditions. Mayor Moulton -Patterson stated that the Coastal Commission agreed in concept but no conditions were put on. Page 22 - Council/Agency Minutes - 08/15/94 ' Councilmember Sullivan spoke regarding a letter from Robert Fisher, Environmental Management Agency dated August 11, 1994, and read from paragraph two which states: "(Please note, however, that we readily agreed to deed restrictions committing the property to park and open space purposes for 50 years)." He stated that Mr. Fisher had stated at the last meeting regarding the park that he was willing to see if there could be some deed restrictions that would be agreeable to everyone. Councilmember Sullivan spoke regarding material distributed by Mr. Vandersloot regarding land in upper Newport Bay that contains deed restrictions. He stated that the Council needs to pursue the deed restrictions. He recommended redirecting staff to look at deed restrictions and meet with the county about it. In response to Councilmember Bauer's question, the City Attorney stated that the city could proceed with litigation to have the court decide if we were entitled to have the deed reformed. Councilmember Leipzig proposed the following: 1. Direct staff to pursue the deed restrictions that have been discussed. 2. Direct staff to base the format for these restrictions on those that were used in the Irvine Company transfer. 3. Deed restrictions should include all of the topics that have been discussed, restrictions included in tno communication from the Seacliff homeowner's association dated August 15, 1994, restrictions included in the Sierra Club communication dated July 12, 1994, and any other restrictions that have been mentioned that are not included with in that list. The precise language of the deed restrictions to be worked out with Orange County Environmental Management Agency. 4. Return to the City Council with the precise language for final approval. 5. The Existing Council Committee on the Linear Park (Mayor Moulton -Patterson, Councilmembers Bauer and Leipzig) work with staff when appropriate. A motion was made by Leipzig, seconded by Sullivan, to direct staff to pursue deed restrictions on these Linear Park parcels with a structure to be based upon the Irvine Company transfer deed restrictions, that they include all the topics that have been discussed here this evening and in two written presentations to Council, that the precise language of those restrictions be worked out with the County Environmental Management Agency, that the City Council Linear Park Committee work with out staff and the county if appropriate and the precise language that is worked out be returned to City Council for final approval. Councilmember Winchell requested an additional restriction of a minimum use of pesticides and herbicides as suggested by a Sierra Club member during public comments. She also requested a review of the process that allowed the deeds to be approved without the deed restrictions directed by Council. The City Administrator stated that he would prepare a report to Council regarding the system that will be used so that it will not happen again. 210 Page 23 - Council/Agency Minutes - 08/15/94 The City Attorney stated that she is aware of a number of new issues in addition to the issue of native vegetation. She read from minutes of the May 2, 1994 Council meeting. She stated that if Council increases the number of deed restrictions, it makes it more difficult to have the deeds reformed. Councilmember Winchell stated that Council did not know what was appropriate in deed restrictions at the time, were ill informed as to what you could put in a deed restriction and were searching for that. She stated that the substance contained in the amendments to Resolution No. 6592 reflect what Council wanted on that property. Councilmember Leipzig requested that an additional deed restriction be added regarding archeological finds being returned to the city for educational purposes. Councilmember Winchell stated that the communication from the Siena Club included a request for a comprehensive survey of all archeological sites on the Huntington Mesa. She stated that she wanted the land to be dedicated to park and open space purposes in perpetuity not just fifty years as stated in the letter from John Fisher. Councilmember Bauer stated that if the money for the park is spent on deed restriction such as archeological excavations, you will never have a park. Councilmember Winchell requested that the amendments to the original motion be made regarding a comprehensive survey of all archeological sites and after study return of any archeological materials or artifacts or information to the City of Huntington Beach to be used for educational purposes and that the land be dedicated to park and open space in perpetuity. The amendments were accepted by Councilmember Leipzig. The City Clerk clarified the motion regarding no parking on the park property. Councilmember Winchell stated that the parking issue was included in the Seacliff Homeowners communication. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES; None ABSENT: Silva MOTION TO CONTINUE MEETING PAST 11:00 P.M. -APPROVED The Mayor announced the hour of eleven o'clock and to comply with Council resolution, asked for a motion to continue the meeting. Page 24 - Council/Agency Minutes - 08/15/94 A motion was made by Leipzig, seconded by Bauer, to continue the meeting past 11:00 p.m. to take action on the balance of the agenda. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Sullivan, Leipzig NOES: Winchell ABSENT: Silva (City Council) ADOPTION OF TAX RATE FOR 1994195 - RESOLUTION NO. 6626 - APPROVAL OF DRAFT LETTER FROM COUNCIL TO COUNTY AUDITOR - ADOPTED (340.90) The City Clerk presented a communication from Director of Administrative Services transmitting Resolution No. 6626 setting the tax rate for Charter approved indebtedness. A communication was received and distributed to Council from Administration entitled Agenda Item F-6: Adoption of Tax Rate for 1994/95. The City Administrator presented a staff report using slides regarding the General Fund Property Tax Levy for 1994/95, retirement indebtedness, average annual property tax retirement indebtedness figures, allocation of property tax, tax revenue compared to retirement costs, and alternatives to phase out of tax levy. Councilmember Winchell spoke in support of the proposed tax rate and stated that she would move the recommended action when it is time. Councilmember Sullivan spoke in opposition to the proposed tax rate. A motion was made by Sullivan, seconded by Moulton -Patterson, to reduce the rate by a third this year which would be reduced to .03286 and also move number B to ask the county to label the tax "City Retirement Costs" An amendment to the motion was made by Mayor Moulton -Patterson, accepted by Sullivan, that it be phased out over five years and to exempt public safety cuts. Councilmember Bauer expressed concerns. Councilmember Leipzig spoke in opposition to the motion. Councilmember Sullivan spoke in support of the motion. The motion FAILED by the following roll call vote: AYES: Moulton -Patterson, Sullivan NOES: Bauer, Robitaille, Winchell, Leipzig ABSENT: Silva 212 Page 25 - Council/Agency Minutes = 08/15/94 A motion was made by Winchell, seconded by Bauer, to adopt Resolution No. 6626 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FIXING THE FISCAL YEAR 1994/1995 TAX RATE." and approve the final form of the draft letter to the Auditor Controller which is Attachment No. 9 to the Request for Council Action dated August 15, 1994 and authorize the Mayor to sign said letter. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Winchell, Leipzig NOES: Moulton -Patterson, Sullivan ABSENT: Silva (City Council REAFFIRMATION OF RESOLUTION NO. 5933 ADOPTED ON NOVEMBER 21 1988 REGARDING SUNSET MARINA PARK - FORMERLY SUNSET AQUATIC PARK - GENERAL DEVELOPMENT PLAN AND ASSOCIATED ENVIRONMENTAL IMPACT REPORT - APPROVED (920.30) The City Clerk presented a communication from the Director of Community Development regarding General Development Plan (GDP) Phase II for the Sunset Marina Park (formerly the Sunset Aquatic Park) and associated Environmental Impact Report (EIR No. 478). Mayor Pro Tern Robitaille stated that he and Shirley Dettloff sat on the Harbor and Beaches Commission and had this issue before the Commission several weeks ago and took a position completely opposite of every recommendation made in 1988. He stated that he was not aware of Resolution No. 5933. The Community Development Director reported regarding differences between Resolution No. 5933 and what the county is recommending on Page Three Section a, b and c of the resolution as follows: 1. Modified Land Use Plan C shall contain: a. Increase total number of day use parking spaces from 249 to 365 (374). b. Reduce total number of dry boat storage spaces to a maximum of 200 (241) spaces, c. Reduce total number of boat ramp parking spaces to a maximum of 250 (280) spaces, Councilmember Sullivan reported. Councilmember Robitaille reported regarding mitigation measures of bicycle trails to be added, a small launch, and improved sanitary services. :21 Page 26 - Council/Agency Minutes - 08/15/94 A motion was made by Leipzig, seconded by Sullivan, to reaffirm Resolution No. 5933 supporting a modified alternative C with the parking space and storage space numbers as supported by Council in 1988 with direction to staff to convey Council's current position to the County Board of Supervisors for consideration at the August 16, 1994 hearing. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva ABSTAIN: Moulton -Patterson (City Council) - ORDINANCE NO. 3244 ADOPTED - AMEND_HOLLY-SEACLIFF SPECIFIC PLAN TO ALLOW SIDEYARD ENCROACHMENTS (440.30) The City Clerk presented Ordinance No. 3244 for Council adoption - "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." To allow sideyard encroachments for fireplaces, bay windows, unroofed balconies, open stairways and architectural features. Public hearing and introduction approved on July 18, 1994 and reintroduction approved on August 2, 1994. A motion was made by Winchell, seconded by Sullivan, to adopt Ordinance No. 3244. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva Report Reaardina Proposal to Form the Huntington Beach Film Commission (110.10) The City Clerk presented a communication from Councilmember Bauer pertaining to items discussed at the Inaugural Meeting of the proposed Huntington Beach Film Commission on August 4, 1994 and additional proposals made by the group. Councilmember Bauer requested Council direct staff to work with him and Councilmember Sullivan to develop a more formal proposal. Report Regarding Minimizina Negative Impact on Businesses due to the Construction on Beach Boulevard (800.20) Councilmember Bauer stated that he was approached by the Huntington Beach Auto Dealers Association about some of the problems on Beach Boulevard and will take a tour next Thursday with the group to see what might be done. 214 Page 27 - CouncillAgency Minutes - 08/15/94 Fourth_ of July Board Councilmember Winched spoke regarding the goal, vision and intent of this Council for the Fourth of July activities and miscommunication with the Fourth of July Board. Councilmember Leipzig suggested that the Mayor appoint a Council Committee to work with representatives of the Fourth of July Board to prepare the ground work for a Council Study Session. Mayor Moulton -Patterson appointed Mayor Pro Tern Robitaille and Councilmembers Leipzig and Silva to serve on a Council Committee to work with representatives of the Fourth of July Board. Motion to Reconsider the Swap Meet - Approved A motion was made by Leipzig, seconded by Robitaille, to permit reconsideration of the swap meet. The City Clerk requested that a motion be made that the need to take action on the issue arose subsequent to the agenda being posted. Councilmember Leipzig withdrew the motion. A motion was made by Leipzig, seconded by Robitaille, to take up this item because it has arisen since the posting of the agenda. The motion carried by the following roll call vote. AYES: Bauer, Robitaille, Moulton -Patterson, Leipzig, Sullivan NOES: Winchell ABSENT: Silva A motion was made by Leipzig, seconded by Robitaille, for reconsideration of the swap meet. Councilmember Sullivan stated his concerns regarding objections made by the community that need to be addressed by the applicant. The motion carried by the following roll call vote. AYES: Bauer, Robitaille, Moulton -Patterson, Leipzig, Sullivan NOES: Winchell ABSENT: Silva The City Clerk asked if this motion to reconsider would include a new public hearing with notification. The City Administrator and Mayor agreed. Page 28 - Council/Agency Minutes - 08/15/94 Council Committee Formed for Review of New Environmental Impact Report of the Bolsa Chica. Mayor Moulton -Patterson reported regarding a request from Supervisor Wieder for a Council Committee to work with her on the policy making side to make sure that the City of Huntington Beach concerns are included in the new Environmental Impact Report of the Bolsa Chica. Mayor Moulton -Patterson and Councilmembers Leipzig and Sullivan volunteered to serve on the Council Committee. ADJOURNMENT - CITY COUNCILIREDEVELOPMENT 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 22, 1994 at 5:00 p.m. in the Council Chamber, Civic Center. ATTEST: dWW4;.., City Clerk/Clerk .216 Clerk of the Redevelopment Agency and City Clerk and ex -off icio Cleric of the City Council of the City of Huntington Beach, California Mayor/Chairman