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HomeMy WebLinkAbout1994-09-06MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, September 6, 1994 A videotape recording of this meeting is on file in the Office of the City Clerk Mayor Moulton -Patterson called the regular meeting of the City Council to order at 5:25 p.m. in the Council Chamber. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan Absent: Silva, Robitaille, Sullivan STUDY SESSION - POLICE DEPARTMENT PRESENTATION - 4TH OF JULY AFTER ACTION REPORT BY POLICE CHIEF LOWENBERG (960.30) Police Chief Lowenberg stated that material is being prepared for the public at this time and will be available before the end of the meeting. He presented a video tape of the 1993 Fourth of July Weekend from television reports. Captain E. J. McErlain, Police Department, reported regarding the expectations of the Police Department on the Fourth of July weekend. Lieutenant, Curtis J. Cope, Police Department Incident Commander, reported regarding the advance planning done with citizen's groups, the Fourth of July Board and other Police Department with similar problems. He stated that the Orange County Sheriff's Department and California Highway Patrol personnel will be utilized for traffic control, mobile booking, etc. Patrick Gildea, Police Department Tactical Commander, reported using slides regarding the number of calls for Police assistance for the Fourth of July weekends in 1993 and 1994 as compared to weekends without activities, arrests and citations, use of additional outside personnel, and use of mobile booking facility. Lieutenant Jon Arnold, Police Department Professional Standards Unit, presented a staff report regarding the investigation of all citizen complaints. CLOSED SESSION OF CITY COUNCIL The Mayor called a recess of the City Council/Redevelopment Agency at 6:20 p.m. for the purpose of meeting in closed session of the City Council to consider the following closed session items: 225 Page 2 - Council/Agency Minutes - 09/06/94 Closed Session - 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 - potential litigation city v. PERS. (120.80) Closed Session - 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. 603180. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiator Ron Hagan regarding negotiations with the Huntington Beach City School District concerning the purchase of the property located at Palm and 17th Streets known as the City Gym and Pool - instruction will concern price. (120.80) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director and Daniel Cassidy, Esquire, 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 Firem ens' Association (HBFA). (120.80) RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY The Mayor reconvened the regular meetings of the City Council/Redevelopment Agency at 1:00 p.m. in the Council Chamber. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig Absent: Silva, Sullivan PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Linda Moulton -Patterson. PROCLAMATIONS AND PRESENTATIONS The following proclamations were made at the September 6, 1994 City Council/Redevelopment Agency Meeting: 226 Page 3 - Council/Agency Minutes - 09/06/94 Proclamation- "Race For The Cure Day In Huntington Beach - Breast Cancer By Mayor Linda Moulton -Patterson, on behalf of the City Council to Megan Baker representative for "Race For The Cure", proclaiming September 25, 1994 as race for the cure day in Huntington Beach. Presentation - "Coastweeks Cleanup Day" By Mayor Linda Moulton -Patterson, on behalf of the City Council and the Coastal Commission a Proclamation proclaiming the weeks of September 17 through October 10, 1994 as Coastweeks, and the statewide Cleanup Day on September 17, 1994. Presented to Ron Hagan, Community Services Director; Tim Turner, Beach Cleanup Day Coordinator, Jessica FaBrizio, EGBAR Foundation President, Simple Green, Incorporated and Adrianne Morrison, Executive Director, Amigos de Bolsa Chica. LATE COMMUNICATIONS REGARDING AGENDA ITEMS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown Act, the City Clerk announced that the following agenda items had been received after publication and distribution of the City Council/Redevelopment Agency Agenda. Communications Regarding Agenda Item relative to Fiscal Year 1994-95 Budget The following communications were received and distributed to Council: A corrected copy of Attachment No. 5 to Request for Council Action dated September 6, 1994; from the City Administrator dated September 2, 1994, regarding Supplemental Budget Information - Public Hearing September 6, 1994; from M. H. Bester regarding the budget dated September 5, 1994; from Jennifer Legg in opposition to budget cuts in the Fire Department; to the President of Huntington Beach Firefighters Association from Fire Chief Dolder dated August 10, 1994; from Richard Silver, Attorney at Law representing Surf City Lifeguards, opposing budget cut/Reduction of Lifeguard Personnel Department; and from the Community Service Program dated September 6, 1994, giving statistics for the Gang Program at Oakview Center. Agenda Item Relative to Proposed Code Amendment No. 92-5 - Downtown Specific Plan Amendment A communication was received and distributed to Council from Brian Shally, Huntington Beach Company Vice President, dated September 1, 1994, opposing a Public Transportation Center in District 7 and 8a. 2.2 7 Page 4 - Council/Agency Minutes - 09/06/94 Agenda Item Relative to Code Amendment No. 93-8 - White Hole The following communications were received and distributed to Council from: Maria Rivera, McCutchen, Doyle, Brown and Emerson, dated September 2, 1994 regarding Code Amendment No. 93-8, White Hole, with attachments; Stephen Bone, President, The Waterfront, Incorporated, dated September 2, 1994, regarding Code Amendment No. 93-8, "White Hole Area", Objection to Language Permitting the Extension of Hamilton Avenue Across Wetlands; and Fred Galluccio, M.D., F.A.A.F.P., Associate Clinical Professor/U.C.I., dated September 6, 1994, regarding Code Amendment No. 93-8, White Hole. Agenda Item Relative to Loan Participation Agreement: Resolution Trust Corporation (RTC) The following communications were received and distributed to Council from: The City Attorney, dated September 2, 1994, regarding request by the Resolution Trust Company attorney to continue this item to September 19, 1994 for the purpose of settling differences in the distribution of the proceeds of the sale; the Economic Development Director dated September 2, 1994 regarding the Resolution Trust Company Sale of Town Square. PUBLIC COMMENTS Inge Maudal presented slides showing a mechanism which would flush the Huntington Harbour more efficiently. Richard Henderson, candidate for City Council, spoke regarding the need to keep Public Works items in the budget and to prioritize the needs. Frank Dugan spoke regarding his fears over the last twenty years regarding the intersection at Indianapolis Avenue and Magnolia Street. He stated his concern for the children's lives; that there had been an accident this past weekend and that up to this point no children had been killed. Gerald Tolman spoke regarding his concern with the pumping of the ground water at Huntington Central Park and the ill effect it has of drying out the Bolsa Chica. He spoke regarding a letter last year from Mayor Winchell that the Department of Public Works would respond regarding the matter, but that he had not yet received word. Jim Madden, member of the Citizens Bureau of Investigation, thanked Council for their efforts toward the PERS interpretation of the employee Memorandums of Understanding. Bill Mello, member of Citizens Bureau of Investigation, presented viewgraphs. He stated that he had informed the City Administrator that he would correct a statement previously made by the CBI and that he had requested the City Administrator to correct a city statement relative to city employee's salaries. Jim Bridges, member of Citizens Bureau of Investigation, spoke regarding their organization's review of the city budget and spoke regarding the differences between the budgets of the city and 228 28 the budgets of private enterprise. Page 5 - Council/Agency Minutes - 09/06/94 Leon McKinney, member of the Citizens Bureau of Investigation, presented slides showing differences in budgets of Huntington Beach and other cities. He stated that copies of his slides would be given to the. City Clerk. He spoke regarding expenditures that he believed the city should not be making. Jan Wensink, member of the Citizens Bureau of Investigation, reviewed the Per Capita Fire Budget. He opposed the Fire Department's plans to expend funds for exhaust removal and presented an alternative to this expenditure. Paul Fryser, member of the Citizens Bureau of Investigation, and recommended that capital expenditures be postponed. He urged the employment of an additional worker for the Rodger's Senior Center. Grace Mello, member of the Citizens Bureau of Investigation, spoke regarding votes by Mayor Moulton -Patterson which she believed were irresponsible. She requested that the Mayor resign from the City Council and the race for the Board of Supervisors. Sister Maureen Sheehan, Pastoral Staff of Sts. Simon and Jude Parish, requested that Council check the traffic situation at Indianapolis Avenue between 7:50 a.m. and 8:35 a.m. in the morning and between 2:20 p.m. and 2:50 p.m. in the afternoon. She commended the crossing guard at Indianapolis and Magnolia and the crossing guard in front of Sowers School; also the Police Department for enforcing the speed limit, their presence on Indianapolis including issuing bicycle violation citations. She.also commended the administrators of both schools for issuing directives on safe procedures to bicyclists and drivers. She stated that this is not a safe area for drivers and cyclists and that she has witnessed too many accidents and hopes the traffic signals will be a high priority. She stated that there has been another accident since the last Council meeting. Sister Vidie Egler, Principal of Sts. Simon and Jude School, stated that she hoped that Council would see that $60.000 for left hand turning lights is not even a drop in the bucket when it comes to saving one life. She stated that she is speaking for all of the schools in the area. She spoke regarding their fear that one of their children will be killed and that to deal with the death of a child is a trauma no principal can handle. Pamela Lemmons, Sts. Simon and Jude Catholic Church representative, stated that she is a substitute teacher and that her father is a teacher a Sowers School. She stated that traffic and accidents are getting worse at the intersection. She requested that funds be allocated to keep the intersection up to speed with traffic changes. Father Gus, Sts. Simon and Jude Catholic Church, introduced Father Dolan who stated they were here to present once again the situation regarding the deadly intersection. He spoke regarding the commitment for lanes made by the Assistant City Administrator. He spoke regarding the types of traffic generated by the eight schools and the need to stop future accidents and loss of lives. He distributed a letter he had written to Council dated September 6, 1994 urging action on the intersection of Magnolia and Indianapolis. 229 Page 6 - Council/Agency Minutes - 09/06/94 Connie Greyshock stated that she had felt encouraged at the Council meeting last month but that she was dismayed that nothing had yet been done at the intersection and stated that school starts Thursday and the situation is the same. She gave an example of a death of a St. Simon and Jude parishioner in the City of Orange under a similar traffic situation. She expressed concern that three Councilmembers were not present when the budget is to be considered. Chuck Barbara, Council on Aging representative, urged Council approval of $15,000 for an assistant at Rodger's Senior Center. Lloyd Glick spoke in favor of funding for the Huntington Beach Concert Band. Dorothy Barbara spoke in favor of funding for an assistant at the Rodger's Senior Center. Ernie Triplett spoke regarding what he believed to be the assault by a police officer on a young woman during the Fourth of July. He requested a report regarding this matter. The City Administrator stated that a report on the incident is available. The Mayor stated that the report would be provided to Mr. Triplett. Paul Horgan, representing Bolsa Chica Land Trust, stated that he believed it was fiscally prudent to expend the funds for the item on the agenda relative to the plans for the Bolsa Chica. Ernie Cushing, Meals to the Home, Senior Outreach representative, spoke on behalf of the meals to the home program. He requested restoration of the $5,000 budget reduction for the mileage for Meals on Wheels program. George Roth stated that approval of the traffic improvements at Magnolia and Indianapolis would help the senior residents drive through the intersection. Dan Burdgick stated that his children use the intersection and he is concerned with their lives and the lives of the other children; not only from being hit by a car but from a car being spun out of control at the intersection. He stressed the need for the four signal lights at the intersection. He also stated that the timing needs to be changed. James Townsend spoke regarding budget concerns at Rodger's Center and the need for services. Ray Kirst, Huntington Landmark representative, spoke regarding the urgency of installing the traffic lights at the intersection of Magnolia and Indianapolis. Teddi Alves presented slides showing city expenditures of which she disapproved. Mayor Moulton -Patterson stated that the Council would like to have a copy of her statements. 230 Page 7 - Council/Agency Minutes - 09/06/94 Tom Gilbertson, a Fireman, stated that he was speaking as a private citizen. He spoke regarding his concern relative to the implementation of paramedic engineers and the elimination of paramedic vans, reduction of personnel which seriously jeopardizes safety to the public and to the suppression personnel as well. He stated that cuts in administration or peripheral programs would be preferable. He stated he believed this plan increases the chance that paramedics will be tied up on "paint in the gutter' calls and multiple calls would impose even more of a strain on the system. Frank Craig, a Fireman, requested that Council look closely at the figures. He stated that the Fire Department should be cut in other areas not the areas which responds at front doors. He gave an example of how the cut would affect the intersection of Indianapolis and Magnolia. Mary Ann Spreeman, mother of an asthmatic child, stated that she had never had to use fire services but feels secure knowing it is there. She stated that continuing building redevelopment and new homes but are cutting budget. She stated the cuts may or may not lead to loss of life but requested that the cuts not be made. George Arnold protested private contract doing the Pier Fest. Ed Kerins, vice-president of Huntington Beach Tomorrow, spoke in support of the agenda item regarding expenditure of funds for the Bolsa Chica. He stated that he is an usher at Sts. Simon and Jude on Sunday and that he has had to make calls for 911 on Sundays, not even a week day. Barbara Fernandez, spoke regarding problems involving the homeless people, loitering and vagrancy in parking lots at Beach and Warner and the calls she had made to the Police Department. The Mayor stated that the city would look into the matter. Pat Davis, Council on Aging representative, spoke regarding the problem of Dial -A -Ride no longer being available to seniors unless disabled. Michael Couey spoke in support of funding the for the Huntington Beach Concert Band. Diane Allen spoke regarding the paramedics bringing her back to life following a response to her home. She requested that no budget cuts be made. Tom Duchene spoke regarding the need for the traffic signals at Indianapolis and Magnolia Avenue. He stated that this would help senior citizens also. Steve Bone, representing Waterfront, stated that there were changes to be made to the Disposition and Development Agreement before any changes are made in the Downtown Specific Plan. Norb Johnson spoke regarding Mobilehome park issues including the Mobilehome Review Committee. He protested the park inspections at the city's Mobilehome parks for which the residents are charged. He spoke regarding the State Title 25 Inspections which the City Administrator had referred to and on which the completion time is slipping by. 31 Page 8 - Council/Agency Minutes - 09/06/94 Jeff Reardon spoke in opposition to Fire Department cuts stating that he believed it was fiscally irresponsible. Guy Burnell, a Fireman, protested fire cuts referring to the various taxes that pay for fire services. He spoke regarding the inability of the Finance Department to provide figures to the Huntington Beach Firefighter's Association. He spoke regarding what would be the results of the cuts on the community. Mr. Burnell stated that the Fire Chief in a memo to the Huntington Beach Firemens' Association (HBFA) had stated that if budget considerations were not a factor the choice would be to continue to provide the combination of three vans and four paramedic engines. Wade Hawley, Library Board representative, spoke regarding the budget hearing on the agenda. He spoke regarding the consensus of the library groups on the distribution of the library fees and the need to maintain the book budget of $140,000 and that any revenues generated be augmented rather than supplanted by this fee. Gary Gorman, resident and Firefighter, City of Long Beach, spoke in opposition to reducing personnel in the Fire Department. He stated that currently the Fire Department responds on Fire Engines with three men which in his opinion is hazardous as determined by the National Fire Protection Association. He spoke regarding the reasons he opposed elimination of the units. (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 - CONTINUED OPEN TO SEPTEMBER 19, 1994 (640.10) The Mayor announced that it was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 91-10 - Environmental Assessment No. 91-32 APPLICANT: City of Huntington Beach, Department of Community Development REQUEST: Repeal existing Huntington Beach Ordinance Code (Division 9) and establish a new zoning and subdivision ordinance for inclusion in the Huntington Beach Municipal Code. The new ordinance updates the zoning and subdivision provisions by incorporating current planning principles and planning requirements of state law, deleting duplications and conflicts, and streamlining review processing. COASTAL STATUS: An amendment to the Huntington Beach Local Coastal Program Implementing Ordinances will be filed with the California Coastal Commission following adoption by the City Council. On motion by Robitaille, second Leipzig, Council continued Code Amendment No. 91-32 and Negative Declaration No. 91-32 to the September 19, 1994 City Council meeting by unanimous vote. 232 Page 9 - Council/Agency Minutes - 09/06/94 (City Council) PUBLIC HEARING CONTINUED OPEN FROM AUGUST 2, 1994 - BUSINESS LICENSE ORDINANCE - SWAP MEETS - SPECIAL EVENTS - SPECIFIC EVENTS - CHARITABLE EVENTS - INTRODUCTION OF ORDINANCE NO. 3241- CONTINUED OPEN TO SEPTEMBER 12, 1994 (640.10) Mayor Moulton -Patterson announced that this was the day and hour set for a public hearing which had been continued open from the meeting of August 2, 1994 to consider a proposed business license ordinance related to swap meets. The proposed ordinance sets 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 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. By consensus of the City Council the public hearing was continued open to an adjourned regular meeting of Council on September 12, 1994 at 6:30 p.m. (City Council) PUBLIC HEARING - FY 1994/95 BUDGET AND PARKING FINE INCREASE - IMPLEMENT NON-RESIDENT LIBRARY CARD FEE AS RECOMMENDED IN PRELIMINARY BUDGET - _HEARING CONTINUED OPEN TO SEPTEMBER 19, 1994 (640.10) The Mayor stated that this was the day and hour set for a public hearing for the purpose of considering the Fiscal Year 1994/95 City Budget and to consider increase to parking fine and implement Non -Resident Library Fee as recommended in the Preliminary Budget for 1994/95. The proposed budget for FY 1994/95 including General Fund expenditures proposed at $94,227,483. The complete, proposed budget for FY 1994/95 can be reviewed by the public from 8:00 A.M. to 5:00 P.M., Monday through Friday at City Hall, 2000 Main Street, Huntington Beach. Copies of the proposed budget are also available for public review at the Central Library located at 7111 Talbert Avenue (Goldenwest Street and Talbert Avenue) and all branch libraries. Legal Notice as provided to the City Clerk's Office by staff had been published and posted. No communication or written protests were received on the matter. The Deputy City Administrator/Administrative Services presented a staff report The Mayor declared the public hearing opened. 233 Page 10 - Council/Agency Minutes - 09/06/94 Pursuant to the Brown Act the City Clerk announced that the following letters had been received subsequent to the distribution of the City Council Agenda and distributed to Council. She stated that copies were available at her desk: A corrected copy of Attachment No. 5 to Request for Council Action dated September 6, 1994; the City Administrator, dated September 2, 1994, regarding Supplemental Budget Information - Public Hearing September 6, 1994; M. H. Bester dated September 5, 1994 regarding the budget; Jennifer Legg in opposition to budget cuts in the Fire Department; a communication to President of Huntington Beach Firefighter's Association from Fire Chief Dolder dated August 10, 1994; Richard Silber, Attorney at Law representing Surf City Lifeguards, opposing Budget Cut/Reduction of Lifeguard Personnel Department; Community Services Program dated September 6, 1994 giving statistics f or the Gang Program Statistics at Oakview Center; and slides of the FY 1994/95 Budget Public Hearing - September 6, 1994. Craig Shimomura, Surf City Lifeguard Employees Association representative, presented statistics on rescues they make. He protested cuts to the lifeguard program. He stated that lifeguards should not be put in for ten hours per day. Jeff Koller, Surf City Lifeguards Employee Association representative and one of two attorneys representing the newly formed association, spoke regarding fiscal matters. He stated that the association had not been provided notice as provided by employment law. He stated that the city was spending exorbitant money to bring more people to the beach and at the same time taking money away to protect it. He stated that city funds should be used for safety services. Margot Carlson, representing Community Services Program, Incorporated, spoke in support of the gang suppression program. Steve Reuter, President of Huntington Beach Marine Safety Officer's Association, spoke in opposition to four front line positions being cut. The City Administrator distributed a memorandum dated August 2, 1994 to his office from the Traffic Engineer - Subject: Proposed Expenditures for Traffic Signal Modifications in FY 94-95. A motion was made by Bauer, second Robitaille, to put the intersection of Magnolia Street and Indianapolis Avenue at the top of priority list to be funded by the funds outlined in the memo dated August 2, 1994 and ask the Transportation Commission for their guidance on the expenditure of the other two intersections and remainder of list and have recommendations in time for next year. The motion carried unanimously. Councilmember Bauer spoke at length regarding the budget as it relates to the city's safety needs, crime statistics criteria, Code 19 criteria and response times. Discussion was held. Mayor Moulton -Patterson requested alternatives be presented by Administration. Councilmember Leipzig stated that he believed the Fire Chief's proposal appeared to increase the ability of paramedics to respond WJ Page 11 - Council/Agency Minutes - 09/06/94 Discussion was held between the Council, Fire Chief and Police Chief regarding the functions of their departments. The Police Chief responded to Councilmember Bauer's comments regarding police services in the City of San Jose. The City Administrator reported on materials in the budget package of alternatives. The Mayor stated that she would like information provided by Administration regarding the city car use. By unanimous consent, the public hearing on the Fiscal Year 1994-95 Budget and Parking Fine Increase and Implementation of Non-resident library card fee was continued open to September 19, 1994. (City Council) CLOSED PUBLIC HEARING - CONTINUED CLOSED FROM AUGUST 1. 1994 - CODE AMENDMENT NO. 92-5 - DOWNTOWN SPECIFIC PLAN CODE AMENDMENTI"VILLAGE CONCEPT" - DOWNTOWN PARKING MASTER PLAN - INTRODUCTION OF ORDINANCE NO. 3239 - DEFERRED TO OCTOBER 3, 1994 (640.10) The Mayor announced that this was the day and hour set for a public hearing that was continued closed from August 1, 1994 regarding the following: APPLICATION NUMBER: Code Amendment No. 92-5 - Downtown Specific Plan Code Amendment - "Village Concept" and Downtown Parking Master Plan APPLICANT: City of Huntington Beach LOCATION: An area bounded by Goldenwest Street, Pacific Coast Highway, Beach Boulevard ZONE: Downtown Specific Plan REQUEST: To amend the Downtown Specific Plan for the purpose of scaling down development standards, creating three (3) planning nodes, establishing affordable housing standards and a comprehensive parking management plan. ENVIRONMENTAL STATUS: Covered by the Downtown Specific Plan Environmental Impact Report COASTAL STATUS: Local Coastal Plan Amendment Consideration of the closed public hearing was deferred to October 3, 1994. 235 Gu,'re C-tl-ed /,-2 9 e- Page 12 - Council/Agency Minutes - 09/06/94 (City Council) PUBLIC HEARING - CODE AMENDMENT NO. 93-8 - MODIFY COASTAL CONSERVATION PROVISIONS OF CITY'S LOCAL COASTAL PROGRAM - PACIFIC COAST HIGHWAY BETWEEN BEACH BOULEVARD AND SANTA ANA RIVER - WHITE HOLE AREA - (ZONE CASE 88-18) INTRODUCTION OF ORDINANCE NO. 3251 B - APPROVED (640.10) Mayor Moulton -Patterson announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 93-6 APPLICANT: City of Huntington Beach LOCATION: The non -certified coastal area of the City of Huntington Beach generally located on the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River REQUEST: To amend Article 942, Coastal Conservation and Article 969.9, Coastal Zone of the Huntington Beach Ordinance Code for consistency with the City's Local Coastal Program and to require a conceptual development plan, environmental studies and restrictions on parcels which contain the "CC" Suffix should any portion be proposed for development. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15265 of the California Environmental Quality Act. COASTAL STATUS: This code amendment must be ultimately reviewed and approved by the California Coastal Commission. Legal Notice as provided to the City Clerk's Office by staff had been published, posted and mailed. No communication or written protests were received on the matter. The City Clerk announced that the following communications were received and distributed to Council from: Maria Rivera, McCutchen, Doyle, Brown and Emerson, dated September 2, 1994 regarding Code Amendment No. 93-8, White Hole, with attachments; Stephen Bone, President, The Waterfront, Incorporated, dated September 2, 1994, regarding Code Amendment No. 93-8, "White Hole Area", Objection to Language Permitting the Extension of Hamilton Avenue Across Wetlands; and Fred Galluccio, M.D., F.A.A.F.P., Associate Clinical Professor/U.C.I., dated September 6, 1994, regarding Code Amendment No. 93-8, White Hole. Scott Hess, Senior Planner, presented a staff report. Mayor Moulton -Patterson declared the public hearing open. Steve Bone, representing The Waterfront Hilton, spoke in opposition to the extension of Hamilton Avenue across the wetlands citing environmental legal and cost problems. John Ely distributed a photograph. He stated that it was time that the city gave the respect the wetlands deserved. He stated it was the gateway to the city and that it should be restrictive and the city should have control over it. He urges approval of Ordinance No. 3251 B. 236 Page 13 - Council/Agency Minutes - 09/06/94 Reed Archambault, Attorney, O'Melveny and Meyers counsel for Pacific Enviro Design representative, Coastal Magnolia Group, stated concern regarding what they believe to be defects in the proposed ordinances. He requested that his comments be supplemented by the letter dated September 6, 1994 and also the property owners comments both to the Planning Commission and to the Council. He stated the reasons the property owners remain opposed to the Coastal Commission action on May 12, 1992 and to any agreement on the part of the City of Huntington Beach to accept that action. Gary Gorman, Executive Director, Huntington Beach Wetlands Conservancy, urged support of the coastal area and Ordinance No. 3251 B. Maria Rivera, McCutchen and Doyle Law Firm representative, addressed Council on behalf of Mills Land and Water. She spoke regarding recent court cases and compensation to the property owner. William Curtis asked why he was not allowed to develop oil rights on Site No. 5 and stated that Huntington Beach Company is allowed to drill one hundred (100) yards away. Scott Hess, Senior Planner reported that an Environmental Impact Report had not been prepared on the zone case which had been requested by Mr. Curtis in 1987. Mr. Curtis stated that Newport Beach needed help with injection and that he was the only one with land which could accommodate the need of Newport Beach. Jeff Reardon spoke in opposition to the extension of Hamilton and Pacific Coast Highway due to the foot traffic and he hoped that the commercial zone would not be developed. Eugenia Moore, affected property owner, spoke regarding the fundamental property rights. She stated that recent court decision s have validated opinions of the City Attorney. Robert London Moore, Jr., representing Mills Land and Water, presented a letter to the City Clerk from McCutcheon, Doyle, Brown and Emerson spoke in opposition (to Code Amendment No. 93- 6). He spoke regarding the city's failure to seriously address the issue of compensation to the private landowners. He presented questions to Council regarding the real prospects of funding to secure and speculate on the return of the property to its historic tidal marsh status and the ability of the Council to answer to the citizens regarding the financial burden to the city and taxpayers. David Simmes, State Department of Transportation representative, owner of the property, spoke regarding a letter from McCutcheon and Doyle Law Office. There being no one further 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 Code Amendment No. 93-8 (Coastal Commission language) by approving introduction, after a reading by title, of Ordinance No. 3251 B, with the findings as set forth on Page Two of the Request for Council Action dated September 6, 1994 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLES 902, 9042, AND 969.9 THEREOF.' 3 Page 14 - Council/Agency Minutes - 09/06/94 Councilmember Bauer questioned the City Attorney regarding the history of the landowner's efforts to use their land. Considerable discussion was held between Councilmember Bauer and the City Attorney. Councilmember Winchell presented the land use history. Councilmember Bauer stated that he did not want Hamilton Avenue to go through. Councilmember Leipzig stated that he believed there was little prospect for it to be developed Following a reading by title of Ordinance No. 3251 B, the motion made by Leipzig, second Winchell, carried based on the findings as set forth on Page Two of the Request for Council Action dated September 6, 1994: Findings For Approval - Code Amendment No. 93-8 The proposed code amendment amending Articles 902, General Information, 942, Coastal Conservation, and 969.9, Coastal Zone, of the Huntington Beach Ordinance Code is consistent with the General Plan designations adopted by the City Council and the Coastal Commission because it recognizes the goals of the adopted Land Use Plan. The proposed code amendment is consistent with the goals and policies of the Coastal Commission and the City's Coastal Land Use Plan and reconciles the inconsistency between the Land Use Plan and Implementation Plan. AYES: Bauer, Moulton -Patterson, Winchell, Leipzig NOES: Robitaille ABSENT: Sullivan, Sullivan ITEM RELATED TO CODE AMENDMENT NO. 93-8 (City Council) RESOLUTION NO. 6628 - ADOPTED - ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 94-2 - CODE AMENDMENT NO. 93-8 AND ZONE CHANGE NO.88-18 (640.10) The City Clerk presented a communication from the Director of Community Development regarding Resolution No. 6628 adopting Local Coastal Program Amendment No. 94-2 which will incorporate Code Amendment No. 93-8 and Zone Change No. 88-18 into the City's certified Local Coastal Program. Local Coastal Program Amendment No. 94-2 represents two components necessary to complete certification of the City's Local Coastal Program for the "White Hole" area along the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River. 238 Page 15 - Council/Agency Minutes - 09/06/94 A motion was made by Leipzig, second Winchell, to adopt Resolution No. 6628 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 94-2 (CODE AMENDMENT 93-8; ZONE CHANGE 88-18) AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION." The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig NOES: Robitaille ABSENT: Silva, Sullivan Motion For Meeting To Proceed Past 11:00 P.M. -Approved On motion by Winchell, second Bauer, Council proceeded past the 11:00 p.m. deadline in order to consider the Consent Calendar Items and Agenda Item F-3 regarding the Bolsa Chica. The motion carried by unanimous vote. AGENDA ITEMS CONTINUED TO SEPTEMBER 12, 1994 CITY COUNCIL/REDEVELOPMENT AGENCY MEETING (City Council) SIX MONTH REVIEW - TO REVIEW COMPLIANCE WITH CONDITIONS OF CONDITIONAL USE PERMIT NO. 90-50 - NICCOLE'S RESTAURANT - LIVE ENTERTAINMENT - MAIN STREET/SIXTH STREET- CONTINUED TO SEPTEMBER 12, 1994 (420.40) (City Council) PUBLIC HEARING - CODE AMENDMENT NO. 94-2 - DESIGN REVIEW BOARD - OPERATING POLICY - AMENDS ARTICLE 985 OF HUNTINGTON BEACH ORDINANCE CODE -CONTINUED TO SEPTEMBER 12, 1994 (640.10) (City Council/Redevelopment Agency) LOAN PARTICIPATION AGREEMENT - RESOLUTION TRUST CORPORATION (RTC) - TOWN SQUARE RETAIL CENTER - 501 MAIN STREET - MAIN -PIER REDEVELOPMENT PROJECT AREA- DEFERRED TO SEPTEMBER 12, 1994 (600.30) (City Council/Redevelopment Agency) DOWN PAYMENT ASSISTANCE PROGRAMS - POLICY CLARIFICATION - DEFERRED TO SEPTEMBER 12, 1994 (340.70) (City Council) SUBMITTED BY COUNCIL/AGENCY MEMBER RALPH BAUER - VISION FOR BEACH BOULEVARD, EDINGER AVENUE AND PACIFIC COAST HIGHWAY - DEFERRED TO SEPTEMBER 12, 1994 (120.30) (City Council) SUBMITTED BY COUNCIL/AGENCY MEMBER RALPH BAUER - DOWNTOWN CLEAN-UP - DEFERRED TO SEPTEMBER 12, 1994 (960.10) .239. Page 16 - Council/Agency Minutes - 09/06/94 (City Council) SUBMITTED BY COUNCIL/AGENCY MEMBER RALPH BAUER - INCREASING FINANCIAL RESOURCES TO THE POLICE DEPARTMENT - DEFERRED TO SEPTEMBER 12, 1994 (530.10) (City Council) SUBMITTED BY COUNCIL/AGENCY MAYOR LINDA MOULTON-PATTERSON - REQUEST TO RETAIN OUTSIDE COUNSEL REGARDING DEFENSE OF HB CAMPAIGN REFORM ORDINANCE - DEFERRED TO SEPTEMBER 12, 1994 (630.40) (City Council) SUBMITTED BY COUNCIL/AGENCY MEMBER DAVE SULLIVAN - BOLSA CHICA - POSSIBLE LAND EXCHANGE - DEFERRED TO SEPTEMBER 12 1994 (440.60) CONSENT CALENDAR - ITEMS REMOVED The following item was requested by Councilmember Leipzig to be removed from the Consent Calendar for separate consideration regarding the bid award for Goldenwest Street Widening from Walnut Avenue to Yorktown Avenue - Phase III. CONSENT CALENDAR - ITEMS APPROVED On motion by Leipzig, second Winchell, Council approved the following items, as recommended by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig NOES: None ABSENT: Silva, Sullivan (City Council/Redevelopment Agency) MINUTES - ADOPTED - Approved and adopted minutes of the Council/Agency adjourned regular meetings of June 21, 1994 and June 25, 1994, and regular meetings of June 6, 1994 and June 20, 1994 as written and on file in the Office of the City Clerk. (City Council) SUPPLEMENTAL AGREEMENT NO. 2 - VIC'S BEACH CONCESSION - APPROVED (600.35) - Approved the terms of the new Supplemental Agreement No. 2 to the Lease Agreement by and between the city and Kenneth M. Nitzkowski and Barbara E. Nitzkowski. (City Council) CITIZENS ADVISORY BOARD (CAB) APPOINTMENTS - MICHELLE PALACIOS - MARY MAHER - DEAN ALLISON - APPOINTMENTS APPROVED (110.20) - Appointed three new members to the Citizens Advisory Board, Michelle Palacios, whose term will expire June 30, 1998, Mary Maher, and Dean Allison, whose terms will expire June 30, 1995. 240 Page 17 - Council/Agency Minutes - 09/06/94 (City Council) PARK LICENSE AGREEMENT - SOUTHERN CALIFORNIA EDISON COMPANY - LEBARD NEIGHBORHOOD PARK - APPROVED (600.10) - Approved the License Agreement with Southern California Edison Company to utilize two acres of Edison easement property at LeBard Neighborhood Park for five years at $100 per acre per year, and authorized the Mayor and City Clerk to execute same. (City Council) AMICUS BRIEF ON BEHALF OF LEAGUE OF CALIFORNIA CITIES AND STATE - HOLDING A PUBLIC ENTITY LIABLE FOR CRIMINAL ACTS OF ONE OF ITS EMPLOYEES- KNOTT V. STATE- APPROVED (630.50) - Approved joining in an amicus brief on behalf of the League of California Cities and the State of California which will seek to reverse a recent appellate court decision holding a public entity liable for the criminal acts of one of its employees. Knott v. State (1994) 23 Cal. App. 4th 210, 28 Cal. Rptr. 2d514 California Supreme Court No. 589053 (review granted June 21, 1994). (City Council) AMICUS BRIEF ON BEHALF OF CITY OF CARSON - CONDITIONS IMPOSED UPON CLOSURE OF MOBILE HOME PARK - APPROVED (630.50) - Approved joining in the amicus brief on behalf of the City of Carson which will seek to affirm an appellate court decision supporting the City of Carson's actions concerning conditions they imposed upon the closure of a mobile home park. (City Council) AMICUS BRIEF ON BEHALF OF LEAGUE OF CALIFORNIA CITIES - REVERSE COURT DECISION RELATED TO GROWTH CONTROL MEASURE - DEL ORO V. CITY OF OCEANSIDE - APPROVED (630.50) - Approved joining in an amicus brief on behalf of the League of California Cities which will seek to reverse a recent court decision holding that an invalid growth control measure of a city can constitute a taking requiring compensation absent a showing of damages - Del Oro v. City of Oceanside, (1994) No. 4 Civil D017139 California Court of Appeal, Fourth Appellate District, Division One. - (City Council/Redevelopment Agency) REVISED SCHEDULE OF PERFORMANCE - COULTRUP COMPANIES AND BIRTCHER REAL ESTATE LIMITED, ET AL - DISPOSITION AND DEVELOPMENT AGREEMENT - MAIN -PIER REDEVELOPMENT PROJECT AREA - APPROVED (600.30) - Approved the Schedule of Performance as amended as outlined in Attachment No. 4 to the Request for Council Action dated September 6, 1994. Condominium, commercial, retail and restaurant project - two blocks bounded by Main, Sixth, Pacific Coast Highway and Walnut. (City Council) WARREN LANE PARALLEL SEWER AND BANNING AND BUSHARD SEWER REHABILITATION PROJECTS - CC-840 AND CC-844 - PLANS AND SPECIFICATIONS - CALL FOR BIDS (600.60) - Approved final plans and specifications and directed the City Clerk to advertise for bids for the Warren Lane Parallel Sewer and Banning/Bushard Sewer Rehabilitation projects and approved the sample contract subject to award of contract to the lowest responsive bidder, estimated cost $380,000. Page 18 - Council/Agency Minutes - 09/06/94 (City Council) NOTICE OF COMPLETION AND CHANGE ORDERS - GOLDENWEST STREET WIDENING AT PACIFIC COAST HIGHWAY - PHASE II - SULLY -MILLER - CC-575 - APPROVED (600.50) - Authorized an increase of $83,991.92 in the change order limits for the Goldenwest Street Improvements at Pacific Coast Highway, Phase II, CC-575; accepted the improvements on Goldenwest Street and Pacific Coast Highway for a total construction cost of $368,991.92 and authorized the City Clerk to file the Notice of Completion. (City Council) NOTICE OF COMPLETION - PRINCE PARK - DJ CONSTRUCTION - CC-881- APPROVED (600.65) - Accepted the improvements and authorized the City Clerk to file a Notice of Completion for the renovation of existing park improvements at Prince Park by D. J. Construction for a final cost for the construction of improvements $31,378.20. (City Council) APPOINTMENT TO ENVIRONMENTAL BOARD - REAPPOINT FRED GALLUCCIO AND JAMES CATHCART - APPOINT JANET BURKLAND, CECILE LaFORCE AND PAUL MOUNT- APPROVED (110.20) - Appointed James Cathcart and Fred Galluccio to second terms which will expire on June 30, 1998 and appointed Janet Burkland, Cecile La Force and Paul Mount to complete the terms of Evelyn Andamo, Steven Hochfelsen and Steven Van Tassell, respectively, which will expire on June 30, 1995. (City Council) CONTINUED FROM JULY 11, 1994 - AFFORDABLE HOUSING PLAN - THE HAMPTONS TENTATIVE TRACT MAP NOS. 14007 AND 14009 - SEACLIFF PARTNERS - APPROVED (430.50) - Approved the Affordable Housing Plan for Tentative Tract Map Nos. 14007 and 14009 as submitted by Seacliff Partners. (City Council) HOUSING ELEMENT GOALS STATUS REPORT - RECEIVED AND FILED (430.70) - Received and filed the Housing Element Goals Status Report, dated January 1, 1994. Prepared in compliance with Senate Bill 1807 which require the city to assess and report their accomplishments under adopted housing programs to the Legislative Body on an annual basis. (City Council) WEST ORANGE COUNTY WATER BOARD-1994195 TENTATIVE BUDGET - APPROVED (320.80) - Approved the 1994/95 Amended West Orange County Water Board Budget in the amount of $461,450.00, Huntington Beach share - $242,261.25, with funding for the budget to come from available carryover funds in the WOCWB Maintenance and Operations Fund and Water Purchase Deposit Fund accounts. (City Council) FINANCE BOARD INTERIM APPOINTMENT - DAN TRAXLER- APPROVED - ACCEPTED RESIGNATION OF DIRK VOSS (110.20) - Accepted the resignation of Dirk Voss as Councilman Silva's appointment to the Finance Board and approved, on an interim basis pending compliance with the Maddy Act, the appointment of Dan Traxler as Councilman Silva's representative on the Finance Board. 242 Page 19 - Council/Agency Minutes - 09/06/94 (City Council) RESOLUTION OF INTENT NO. 6629 - ADOPTED STREET VACATION - KNOXVILLE AVENUE WEST OF ALABAMA STREET - PUBLIC HEARING SCHEDULED OCTOBER 3, 1994 (800.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF KNOXVILLE AVENUE WEST OF ALABAMA STREET." (City Council) AMENDMENT NO. 2 TO AGREEMENT WITH P AND D ENVIRONMENTAL SERVICES FOR REVIEW OF BOLSA CHICA PLAN ENVIRONMENTAL IMPACT REPORT APPROVED- AMENDMENT NO. 1 TO AGREEMENT WITH ALBERT GROVER AND ASSOCIATES - TRAFFIC AND CIRCULATION SECTIONS - APPROVED- AMENDMENT NO. 2 TO AGREEMENT WITH PUBLIC ECONOMICS, INCORPORATED FOR FISCAL.IMPACT ANALYSIS- APPROVED (600.10) The City Clerk presented a communication from the Director of Comrnunity'De,, I menfi submitting contract amendments for the consulting firms of P and D-Envi6onme-ntal Services, Albert Grover and Associates, and Public Economics, Incorporated.,in,a total a%Yiount :if $i3.809. On motion by Winchell, second Leipzig, Council approved the following recommended. adtions: 1. Approved and authorized execution by the Mayor and City Clerk of.Aihendmenlho. 2 to the Agreement between the city and P and D Environmental Services for services. regarding the Review of the Bolsa Chica EIR for $34,469 for review and comment on the revised Bolsa Chica Environmental Impact Report; and 2. Approved and authorized execution by the Mayor and City Clerk of Amendment No. 1 to the Agreement between the city and Albert Grover and Associates for services regarding the Review of the Bolsa Chica EIR for $17,300 for review and comment on the Traffic and Circulation analysis sections of the revised Bolsa Chica Environmental Impact Report; and 3. Approved and authorized execution by the Mayor and City Clerk of Amendment No. 2 to the Agreement between the city and Public Economics, Incorporated for services regarding the Review of the Bolsa Chica EIR for $22,040 to prepare a fiscal impact analysis for the new alternatives analyzed in the revised Bolsa Chica Environmental Impact Report subject to the City Attorney's approval of the signatures. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig NOES: Robitaille ABSENT: Silva, Sullivan 241 Page 20 - Council/Agency Minutes - 09/06/94 ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, September 12, 1994 at 6:30 p.m., in Room B-8, Civic. Center, Huntington Beach, California. ATTEST: 94� vity :,lerk'Cler t 244 Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman