HomeMy WebLinkAbout1994-09-12CALL FOR SPECIAL MEETING
OF
RECEIVED
G!TY CLERK
C!TY OF
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Linda Moulton Patterson, Chairman/Alkyo r
Jim Silva, Director/lou��c,%me.��� b�
Ralph Bauer, Directo�l�vr�«/rnE r�rGeF
Earle Robitaille, Directol?16W,?CA
Grace Winchell, Director/�du.�c,/rj�tbE`
Victor Leipzig, Director/6 a vc e.d w« m
Dave Sullivan, Director/ 61u-.
Gentlemen:
C�+r Counc.i( and Re�e�e�aC�men-i l�gen�
You are hereby notified of a Special Meeting of the on Monday,
September 12, 1994, at 6:00 P.M. or shortly thereafter in the Huntington Beach City City Council Chambers, 2000
Main Street, Huntington Beach, California for the purpose holding Closed Sessions as follows:
CLOSED SESSION - CITY COUNCIL PURSUANT TO G.C. 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
CLOSED SESSION - REDEVELOPMENT AGENCY PURSUANT TO G.C. SECTION 54956.8 TO GIVE
INSTRUCTIONS TO THE AGENCY'S NEGOTIATOR, B. KAISER, REGARDING NEGOTIATIONS WITH RTC
CONCERNING THE SALE OF THE PROPERTY LOCATED AT TOWN SQUARE COMMERCIAL, 501 MAIN
STREET - INSTRUCTION WILL CONCERN PRICE AND TERMS OF PAYMENT
CLOSED SESSION - CITY COUNCIL PURSUANT TO G.C. 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 JAMES RIGHEIMER, ET AL. V. CITY OF
HUNTINGTON BEACH, US DISTRICT COURT, CENTRAL DISTRICT, CASE NO. SACV94-676-AHS (EEX) -
CHALLENGE TO HUNTINGTON BEACH CAMPAIGN ORDINANCE
CLOSED SESSION - CITY COUNCIL PURSUANT TO G.C. 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 TRAINER V. FALLON, ET AL., ORANGE COUNTY
SUPERIOR COURT CASE NO. 72 97 10
Dated: September 9, 1994 ity
Y`n6,(/Crj
TTEST..
Cd c c l e-v k
I hereby certify that I received the above notice, "Call For Special Meeting of the Huntington Beach F-inamee
AwtheFit prior to 6:00 p.m., on Sunday, September 11, 1994.
Chairman`
gleslspecmtg ` >mn�/ o r
1
MINUTES
CITY COUNCIUREDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, September 12, 1994
Mayor Moulton -Patterson called the special meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to order at 6:00 p.m.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan, Silva (arrived
6:57 p.m.) .
ABSENT: None
The City Clerk read the special meeting notice allowing the City Council to meet one half hour
earlier than the time adjourned to at the September 6, 1994 Council meeting.
CLOSED SESSION
The Mayor called a Closed Session of the City Council pursuant to Government Code
Section 54956.9(c) to confer with its City Attorney regarding pending litigation based on existing
facts and circumstances, the legislative body of the local agency has decided to initiate or is
deciding whether to initiate litigation. Number of potential cases 1. Potential litigation - city v.
PERS. (120.80)
The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government
Code Section 54956.8 to give instructions to the agency's negotiator, B. Kaiser, regarding
negotiations with RTC concerning the sale of the property located at Town Square Commercial,
501 Main Street' Instruction will concern price and terms of payment. (400.50)
The Mayor called a 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 James Righeimer, et al. v. City
of Huntington Beach, US District Court, Central District, Case No. SACV94-676-AHS (EEX) -
Challenge to Huntington Beach campaign ordinance. (120.80)
The Mayor called a 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 Trainer v. Fallon, et al.,
Orange County Superior Court Case No. 72 97 10. (120.80)
Page 2 - Council/Agency Minuets - 09/12/94
RECONVENE
The Mayor reconvened the meeting of the City Council and Redevelopment Agency in the
Council Chamber.
ADJOURNMENT - CITY COUNCIUREDEVELOPM ENT AGENCY
Mayor Moulton -Patterson adjourned the special 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 the Council Chamber, Civic Center, Huntington Beach California.
ATTEST:
City Clerk/Clerk
Clerk of the Redevelopment Agency and
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach,
California
Mayor/Chairman
3
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, September 12, 1994
Mayor Pro Tempore Robitaille called the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 6:30 p.m.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan, Silva (arrived
6:57 p.m.)
ABSENT: None
CLOSED SESSION
The Mayor called a Closed session of the City Council pursuant to Government Code
Section 54956.9(c) to confer with its City Attorney regarding pending litigation based on existing
facts and circumstances, the legislative body of the local agency has decided to initiate or is
deciding whether to initiate litigation. Number of potential cases 1. Potential litigation - city v.
PERS. (120.80)
The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government
Code Section 54956.8 to give instructions to the agency's negotiator, B. Kaiser, regarding - --
negotiations with RTC concerning the sale of the property located at Town Square Commercial,
501 Main Street - Instruction will concern price and terms of payment. (400.50)
The Mayor called a 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 James Righeimer, et al. v. City
of Huntington Beach, US District Court, Central District, Case No. SACV94-676-AHS (EEX) -
Challenge to Huntington Beach campaign ordinance. (120.80)
The Mayor called a 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 Trainer v. Fallon, et al.,
Orange County Superior Court Case No. 72 97 10. (120.80)
RECONVENE
The Mayor reconvened the meeting of the City Council and Redevelopment Agency in the
Council Chamber.
L,
Page 2 - Council/Agency Minutes - 09/12/94
(City Council) PUBLIC HEARING CONTINUED OPEN FROM SEPTEMBER 6, 1994 -
BUSINESS LICENSE ORDINANCE - SWAP MEETS/SPECIAL EVENTS/SPECIFIC
EVENTS/CHARITABLE EVENTS -INTRODUCTION OF ORDINANCE NO.- 3241 (640.10)
The Mayor announced that this was the day and hour set to consider a public hearing continued
open from August 2, 1994 to consider proposed business license ordinance related to swap
meets. The proposed ordinance set business license fees for the uses as follows:
Outdoor swap meets, indoor swap meets under 100,000 feet of total area, and special events $1
per day per booth collectable daily or monthly at the payer's option.
Indoor swap meets in excess of 100,000 feet in area $12,000 a month payable monthly in
advance.
The estimated increase in revenue is $200,000 a year
The City Treasurer presented a staff report.
Mayor Moulton -Patterson declared the public hearing open.
There being no one present to speak on the matter and there being no protests filed, either oral
or written, the hearing was closed by the Mayor.
A motion was made by Leipzig, seconded by Robitaille, to after reading by title, approve
introduction of Ordinance No. 3241 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.16 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING
TO RATES CHARGED TO BUSINESS BY ADDING SWAP MEETS, INDOOR SWAP MEETS,
SPECIAL EVENTS, SPECIFIC EVENTS AND CHARITABLE EVENTS." The motion carried by
the following roll call vote:
AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT None
(City Council) CLOSED PUBLIC HEARING - CONTINUED CLOSED FROM AUGUST 1, 1994 -
CODE AMENDMENT NO. 92-5 - DOWNTOWN SPECIFIC PLAN CODE AMENDMENT -
"VILLAGE CONCEPT" - DOWNTOWN PARKING MASTER PLAN - INTRODUCTION OF
ORDINANCE NO. 3239 - APPROVED AS AMENDED (640.10)
The Mayor announced that this was the day and hour set for a public hearing that was closed on
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
Page 3 - Council/Agency Minutes - 09/12/94
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
A communication was received and distributed to Council from Brian Shally, Huntington Beach
Company Vice President, dated September 1, 1994 regarding the proposed Code Amendment
No. 92-5, Downtown Specific Plan Amendment.
The Community Development Director presented a staff report regarding a meeting of the
Downtown Subcommittee, staff and the public to review the legislative draft and ordinance on
August 5, 1994. She sated that as a result of the meeting, a new matrix of issues was generated
for consideration and straw vote action by the City Council.
Herb Fauland, Community Development Associate Planner, presented a staff report using slides
regarding the process for proceeding with the adoption of the Downtown Specific Plan Code
Amendment and reviewed outstanding issues addressed on the matrix.
The City Clerk announced a communication received and distributed to Council from Connie
Mandic of a matrix on specific plan comments.
Straw Vote - Definition of Gross Floor Area - Approved
A motion was made by Winchell, seconded by Robitaille, to accept staff's recommendation on
regarding the definition of gross floor area on Page Three of Ordinance No. 3239 as follows:
"Gross floor area: The total enclosed area of all floors of a building measured to the
outside face of the structural members in exterior walls, and including halls, stairways,
elevators shafts at each floor level, service and mechanical equipment rooms, and
habitable basement or attic areas, but excluding area for vehicle parking and loading."
The motion carried by the following roll call vote:
AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: Silva
ABSENT: None
11
Page 4 - Council/Agency Minutes - 09/12/94
Straw Vote - Definitions of Street Level and Public Open Space - Approved as Amended
A motion was made by Winchell, seconded by Silva, to approve the staff recommendation which
affects open space by approving staff's definition of street level on Page Four of Ordinance
No. 3239 as follows:
"Street level: The elevation measured at the centerline of the public street
adjacent to the front setback at a point midway between the two side property
lines."
An amendment to the motion was made by Winchell, accepted by Sullivan, to amend the motion
to add: "as long as direct public access is maintained from street level" as follows:
"Public open space: Outdoor or unenclosed area on the ground floor or above floor
levels designed and accessible for use by the general public from the street level.
Public open space may include one of the following: patios, plazas, balconies,
gardens or view areas accessible to the general public, and open air commercial
space (open to the street on the first floor, or on at least one side, above the first floor,
or open to the sky), the open space requirement can be met anywhere in the
development; however, open space provided above the second floor will receive only
fifty (50) percent credit toward this requirement. This requirement cannot be met by
open areas which are inaccessible to the general public or are contrary to specific
requirements of a district."
The motion carried by the following roll call vote:.
AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: None
Councilmember Silva requested Connie Mandic to speak.
Connie Mandic spoke regarding the proposed ten percent (10%) increase limiting the
rehabilitation of a building without the need for a Conditional Use Permit.
Straw Vote - Definition of Rehabilitation - Approved as Amended
A motion was made by Winchell, seconded by Bauer, approved the addition of the definition of
rehabilitation on Page Four of Ordinance No. 3239 as amended as follows:
"Rehabilitation: The physical repair, preservation, and/or improvement of a building or
structure greater than ten percent (10%) expansion of the existing gross floor area and
does not increase the building height; or results in the increase of the permitted
density."
7
Page 5 - Council/Agency Minutes - 09/12/94
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: None
Straw Vote - Amendment to Ordinance No. 3239 - Section 4.2.14 of - Deletion of Demo -
Approved as Amended
A motion was made by Winchell, seconded by Bauer, to amend Section 4.2.14 on Page Sixteen
Ordinance No. 3239 by deleting the word "demo" as follows:
"Existing square footage and uses are parked in public parking supply; Demo and
rebuild same square footage and uses - no additional parking required. Berne,
Expansion or intensification - credit for existing parking: spaces must conform to code
and remain on site."
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: None
Straw Vote - Affordable Housing Minimum Unit Size - Approved as Amended
A motion was made by Leipzig, seconded by Sullivan, to amend Ordinance No. 3239
Section 4.2.30 Affordable Housing, Minimum Unit Size, on Page Nineteen as follows:
"Minimum Unit Size - Studio 400 square feet
1 bedroom 600 square feet
2 bedroom 800. square feet'
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille (out of room)
Straw Vote - Amendment to Section 4.2.13 Parking - Approved
A motion was made by Winchell, seconded by Leipzig, to approve all remaining items on the
matrix, approve revisions to Ordinance No. 3239 for first reading at the City Council meeting of
October 3, 1994 with clarification on Page Thirteen and Fourteen of the legislative draft (Page
Twelve and Thirteen of Ordinance No. 3239) Section 4.2.13 Parking - Commercial first and
second paragraph as follows:
Page 6 - Council/Agency Minutes - 09/12/94
Commercial:
(a) Parking for all commercial projects with the area of the Downtown Parking Master Plan shall
be consistent with the parking requirements of the Downtown Parking Master Plan. Districts
1, 2, 4, a portion of 5, 7, 8, 9, 10 and 11 shall provide one -hundred (100) percent of the
required parking on -site, pursuant to the Huntington Beach Ordinance Code.
"Parking in Districts 3, a portion of District 5 and 6 shall be provided on -site to the
maximum extent feasible, as identified in the Parking Master Plan. The balance of any
required parking shall be provided in facilities within walking distance. Any required
off -site parking spaces shall be in place prior to the issuance of a Certificate of
Occupancy for any development. All parking for any District or part of a district which
is not within the area of the Downtown Parking Master Plan shall provide one -hundred
(100) percent of the required parking on -site, pursuant to the Huntington Beach
Ordinance Code."
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille (out of room)
Clarification of Motion
Councilmember Winchell clarified that the mobilehome overlay was removed from District Seven
but not removed from any other districts. She clarified that it was not the intent to Council to
remove the conservation overlay in any district.
In response to Councilmember Bauer's questions, Connie Mandic responded regarding building
height.
The Planning Director reported.
(City Council) PUBLIC HEARING CONTINUED OPEN FROM SEPTEMBER 6, 1994 - SIX
MONTH REVIEW - TO REVIEW COMPLIANCE WITH CONDITIONS OF CONDITIONAL USE
PERMIT NO. 90-50 - NICCOLE'S RESTAURANT - LIVE ENTERTAINMENT - MAIN AND SIXTH
STREETS - APPROVED (420.40)
The Mayor announced that this was the day and hour set for a public hearing to consider the
following:
APPLICATION NUMBER: Conditional Use Permit No. 90-50 (Six Month Review)
APPLICANT: Michael Niccole
LOCATION: 520 Main Street (Northeasterly Corner of Main Street and Sixth Street)
Page 7 - Council/Agency Minutes - 09/12/94
ZONE: Downtown Specific Plan, District 6
REQUEST: To review compliance to the conditions set forth in Conditional Use Permit No. 90-50
in order to re-establish live. entertainment consisting of unamplified acoustical in an existing
restaurant.
ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the
California Environmental Quality Act.
COASTAL STATUS: Conditional Use Permit No. 90-50.is exempt from a Coastal Development
Permit pursuant to Section 989.5.2 of the Huntington Beach Ordinance Code.
The Community Development Director presented a staff report.
Mayor Moulton -Patterson declared the public hearing open.
Jo Christian -Craig, nearby property owner, spoke in support of scheduled review periods as the
personnel from Niccole's had been insensitive to prior concerns. She stated that the trash
enclosure is not being used, and that there are parking and noise problems at night and on
weekends when Code Enforcement Personnel are not working. She distributed photographs to
Council.
Discussion was held by Council and Ms. Christian -Craig.
Phil Zisakis, nearby property owner, spoke in opposition to the re-establishment of live
entertainment in the restaurant
Discussion was held by Councilmember Bauer and Mr. Zisakis.
Terry Antonelli, Inter -Latin Restaurant Group President, in charge of maintenance and operation
of Niccole's Restaurant, spoke regarding resident concerns, wall built around back door, non -
amplified music, and parking facility across the street. He stated that he is interested in meeting
with the residents regarding their concerns.
Councilmember Silva questioned Mr. Antonelli regarding whether the trash enclosure is being
used.
Mr. Antonelli stated that the a wall was built in the back and double pane glass and carpeting
installed to absorb the noise. He stated that he was not aware that the trash enclosure was a
problem.
There being no one further present to speak on the matter and there being no further protests
filed, either oral or written, the hearing was closed by the Mayor.
Page 8 - Council/Agency Minutes - 09/12/94
A motion was made by Bauer, seconded by Leipzig, to approve the six month review of
Conditional Use Permit No. 90-50 with all conditions of approval applicable and approve
alternative action with additional conditions (a) prior to commencing live entertainment, the
applicant shall submit approval from the Alcoholic Beverage Board and (b) to reevaluate the use
in six months if ABC modifies the alcoholic beverage license conditions. The motion carried by
the following roll call vote:
AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES; None
ABSENT: None
PUBLIC HEARING CONTINUED OPEN FROM SEPTEMBER 6, 1994 - CODE AMENDMENT
NO. 94-2 - DESIGN REVIEW BOARD - OPERATING POLICY - AMENDS ARTICLE 985 OF
HUNTINGTON BEACH ORDINANCE CODE - APPROVED INTRODUCTION OF ORDINANCE
NO. 3249-A AND ORDINANCE NO. 3250 (640.10)
The Mayor announced that this was the day and hour set for a public hearing to consider the
following:
APPLICATION NUMBER: Code Amendment No. 94-2
APPLICANT: City of Huntington Beach
LOCATION: City-wide
ZONE: All zones
REQUEST: To amend Article 985, Design Review Board, of the Huntington Beach Ordinance
Code changing the Board membership -and providing additional revisions and clarifications of
code sections pertinent to the Design Review Board.
ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15061, Class (b)(3) of
the California Environmental Quality Act.
COASTAL STATUS: Not applicable
The Community Development Director presented a staff report.
Mayor Moulton -Patterson declared the public hearing open.
There being no one further present to speak on the matter and there being no protests filed,
either oral or written, the hearing was closed by the Mayor.
Councilmember Leipzig reported that he is the Council liaison to the Design Review Board with
Councilmember Sullivan serving as alternate and that is has been difficult to maintain consistent
City Council involvement and it was his recommendation to add another citizen representative
instead of a City Council member.
Page 9 - Council/Agency Minutes - 09/12/94
The City Attorney recommended an odd number of people on the Design Review Board.
A motion was made by Leipzig, seconded by Sullivan, to: approve Code Amendment No. 94-2
and after reading by title, approve introduction of Ordinance No. 3249-A and Ordinance
No. 3250, as originally proposed, with findings as outlined as follows - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING ARTICLE 985 THEREOF RELATING TO THE DESIGN REVIEW BOARD."
(Replaces the City Councilmember position on the Board with a second at -large city resident
member.) and Ordinance No. 3250 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING
SECTION 2.100.020 THEREOF RELATING TO DEFINITIONS."
Findings for approval - Code Amendment No. 94-2.
1. Code Amendment No. 94-2, by increasing the number of At -large city residents on the
Boards, will allow for more community input in the design of projects. Project design will
better reflect the goals and vision of city residents.
2. Code Amendment No. 94-2 is consistent with goals and policies of the General Plan because
. it provides for increased community participation in the design of projects.
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES; None
ABSENT: None
(City Council) CONTINUED FROM SEPTEMBER 6. 1994 - BID AWARD - GOLDENWEST
STREET WIDENING FROM WALNUT AVENUE TO YORKTOWN AVENUE - PHASE III - EXCEL
PAVING COMPANY - CC-911 - APPROVED (600.50)
Councilmember Leipzig stated that he had a question regarding the widening of Goldenwest.
The Assistant City Administrator reported that the improvements are related to restriping.
A motion was made by Leipzig, seconded by Moulton -Patterson, to accept the low bid of Excel
Paving Company, in the amount of $181,899.00 for the construction of the Phase III, Goldenwest
Street Widening from Walnut Avenue to Yorktown Avenue; CC-911, authorize the Public Works
Department to expend a total of $205,000 to cover the contract amount of $181,899.00 estimated
construction Change Orders of $18,000 and supplemental expenditures of $5,101, hold bid
bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other
bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The
bids were as follows:
Page 10 - Council/Agency Minutes - 09/12/94
Excel Paving Company
$181,899.00
Shawnan Corporation
$199,530.25
Hillcrest Contracting
$199,793.50
Damon Construction
$207,782.50
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES; None
ABSENT: None
(City Council/Redevelopment Agency) CONTINUED FROM SEPTEMBER 6, 1994 - LOAN
PARTICIPATION AGREEMENT - RESOLUTION TRUST CORPORATION (RTC) - TOWN
SQUARE RETAIL CENTER - 501 MAIN STREET - MAIN -PIER REDEVELOPMENT PROJECT
AREA - CONTINUED TO SEPTEMBER 19, 1994 (600.30)
The City Clerk presented a communication from City Attorney informing Council the
Redevelopment Agency entered into an Owner Participation Agreement with Mola Development
for the development of the Town Square project, and as a result acquired a two-thirds ownership
interest in the commercial portion of the project. This property was placed in escrow by RTC to
be sold to a third party. The transaction requires the Agency to reconvey its interest, under a
Deed of Trust, and the Loan Participation Agreement is designed to preserve the Agency's rights
to all proceeds of the sale and allow such sale to close on September 10, 1994.
The City Administrator requested that the Loan Participation Agreement with Resolution Trust
Corporation (RTC) be deferred to September 19, 1994 for preparation of an agreement between
RTC and the Redevelopment Agency.
A motion was made by Winchell, seconded by Moulton -Patterson, to continue the Loan
Participation Agreement with Resolution Trust Corporation (RTC) to September 19, 1994. The
motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan
NOES; None
ABSENT: Leipzig (out of room)
sty Council/Redevelopment Agency) CONTINUED FROM SEPTEMBER 6, 1994 - DOWN
PAYMENT ASSISTANCE PROGRAMS - POLICY CLARIFICATION - APPROVED (340.70)
The City Clerk presented a communication from Director of Economic Development informing
Council that as the down payment assistance programs mature, the unique characteristics of
individual borrowers has become evident and requires the refinement of the City and Agency
eligibility criteria.
The Economic Development Director presented a staff report.
Page 11 - Council/Agency Minutes - 09/12/94
Discussion was held by Councilmember Winchell and the Economic Development Director
regarding the proposed eligibility requirements.
A motion was made by Winchell, seconded by Bauer, to approve the following eligibility criteria:
Eligibility Criteria
1. Overtime and unemployment insurance payments will be excluded when calculating income
eligibility.
2. For employed persons, income will be calculated as a projection of current year income based
on an employer verification or paycheck stub. For self employed persons a two year average
income will be'used and must be based on the most recent Federal Tax Return gross income
and an audited profit and loss statement for the current year.
3. "First Time Buyer' shall be defined as not having owned a home as principal residence for
three years prior to the close of escrow on the new home. Ownership of principal residence
would include joint ownership with a previous spouse.
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Sullivan
NOES; None
ABSENT: Moulton -Patterson, Leipzig (out of room)
(City Council) DEFERRED FROM SEPTEMBER 6, 1994 - DISCUSSION HELD REGARDING
VISION FOR BEACH BOULEVARDIEDINGER AVENUE/PACIFIC COAST HIGHWAY (120.30)
The City Clerk announced a communication received and distributed to Council from Jack
Caswell, Huntington Beach Auto Dealers Association President dated September 12, 1994
regarding the Edinger Avenue/Beach Boulevard Commercial Corridor.
Councilmember Bauer spoke regarding developing a vision for Beach Boulevard, Edinger
Avenue, and Pacific Coast Highway.
The Assistant City Administrator responded regarding the Urban Corridor Design Plan.
(City Council) DEFERRED FROM SEPTEMBER 6, 1994 - ANNOUNCEMENT MADE
REGARDING DOWNTOWN CLEAN-UP SCHEDULED FOR OCTOBER 1. 1994 - 5 AM TO 7 AM
(960.10)
Councilmember Bauer reported regarding the Downtown clean-up is scheduled for
October 1, 1994 from 5 a.m. to 7 a.m. All citizens are invited to come and help spruce up the
downtown area and are directed to meet 'at the fountains located at 200 Main Street and people
will be waiting to assign work.
1.4
Page 12 - Council/Agency Minutes - 09/12/94
(City Council) DEFERRED FROM SEPTEMBER 6, 1994 - INCREASING FINANCIAL
RESOURCES TO THE POLICE DEPARTMENT (530.10)
The City Clerk presented a communication from Councilmember Bauer regarding increase of
financial resources to the Police Department.
Councilmember Bauer spoke in support of increasing visible police activities.
(City Council) DEFERRED FROM SEPTEMBER 6, 1994 - BOLSA CHICA - POSSIBLE_ LAND
EXCHANGE (440.60)
The City Clerk presented a communication from Councilmember Sullivan regarding the Bolsa
Chica and a possible land exchange.
Councilmember Sullivan reported and read a letter from that could be send to the Secretary of the
Interior, Babbitt.
A motion was made by Sullivan, seconded by Leipzig, to approve having the Mayor send a letter
on behalf of the Council to the Secretary of the Interior, Bruce Babbitt, both Senators Boxer and
Feinstein, Congressman Rohrabacher, Mr. Speer the current Regional Director and Mr. Frampton,
Assistant Secretary, Fish and Wildlife and Parks, Department of the Interior asking that the Bolsa
Chica be considered for participation in a land exchange wherein the U. S. Fish and Wildlife
Service would acquire the Bolsa Chica in exchange for surplus federal lands created through the
closure of Defense Department base closures.
Councilmember Bauer stated that he had a list of a half dozen different public and private
agencies waiting in the wings to help in the restoration of the Bolsa Chica wetlands.
An amendment to the motion was made by Mayor Moulton -Patterson, accepted by Sullivan, to
send the letter to the landowner.
Mayor Pro Tern Robitaille requested that a letter be sent to all of the multiple landowners asking if
they are interested in a land swap.
The motion carried by the following roll call vote:
AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES; Silva, Robitaille
ABSENT: None
(City Council) DEFERRED FROM SEPTEMBER 6, 1994 - REQUEST TO RETAIN OUTSIDE
COUNSEL RE: DEFENSE OF HUNTINGTON BEACH CAMPAIGN REFORM ORDINANCE
(630.40)
Mayor Moulton -Patterson requested that Council consider retaining outside Counsel to assist in
legal defense of the Huntington Beach Municipal Code, Chapter 2.07 Campaign Reform which
1 5 was effective January 3, 1994.
Page 13 - Council/Agency Minutes - 09/12/94
In response to Councilmember Silva's question, the City Attorney reported
A motion was made by Moulton -Patterson, seconded by Leipzig, that the City Attorney look into
hiring outside counsel to assist in the legal defense of the Huntington Beach Municipal Code,
Chapter 2.07, Campaign Reform which was effective January 3, 1994. The motion carried by the
following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: Robitaille
ABSENT: None
sty Council) PUBLIC HEARING - CONTINUED OPEN FROM SEPTEMBER 6.1994 - FY
1994/95 BUDGET AND PARKING FINE INCREASE - IMPLEMENTATION OF NON-RESIDENT
LIBRARY CARD FEE AS RECOMMENDED IN PRELIMINARY BUDGET (320.30)
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.
The City Administrator presented a staff report using a video presentation entitled Budget Follow -
Up, SeptemberA2, 1994 regarding public input- requests for budget additions and City Council
requests for budget additions and further information. He reported regarding the automobile
allowances, use of city vehicles and a proposed fleet management program.
Councilmember Sullivan requested information regarding the cost of police officers.
Councilmember Sullivan requested a staff report regarding the cost of.law suits that have been
lost and the cost of defending law suits for the maintenance of Pacific Coast Highway, Beach
Boulevard and any litigation costs related to the lifeguard services on the beach north of the pier
for the last ten years.
The City Attorney clarified the request.
Councilmember Bauer spoke regarding the Huntington Beach Concert Band and filing a 501C3
Program status.
Jim Engle, Community Services Deputy Director Beach Recreation and Development, spoke
regarding use of private sponsors for the Huntington Beach Concert Band.
Councilmember Bauer spoke in support of the paramedic vans, reduction of code nineteen and
response times and in opposition to the reduction of lifeguards in the towers.
Fire Chief Dolder reported regarding the proposed reorganization of the Fire Department.
The City Administrator stated that the FY 1994/95 Budget would be back on September 26, 1994
for a public hearing:
Page 14 - Council/Agency Minutes - 09M2/94
Request for Donation of Reward Money for Murder Victims
Councilmember Silva stated that Alice Summer, mother of murder victim was present in the.
Council Chamber and requested that she address council.
Alice Summer spoke regarding the murder of her son Kenny Summer and Mo Blanchard the
Thursday before Easter Sunday and requested help with a donation of reward money.
Mayor Moulton -Patterson apologized for Ms. Summer having to wait so long.
Police Chief Lowenberg reported regarding a memo he prepared regarding the donation of
reward money. .
ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY
Mayor Moulton -Patterson adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, September 19, 1994 at
5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California.
ATTEST:
City Clerk/Clerk
Clerk of the Redevelopment Agency and
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach,
California
Mayor/Chairman
17