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HomeMy WebLinkAbout1994-09-19MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, September 19, 1994 A videotape recording of this meeting is on file in the Office of the City Clerk Mayor Moulton -Patterson called the regular meetings of the City Council/Redevelopment Agency to order at 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan Absent: None (City Council) JOINT STUDY SESSION WITH FOURTH OF JULY EXECUTIVE BOARD (960.70) Debbie Cope, Fourth of July Executive Board Chair, presented an introduction and review of 1994 July Fourth Celebration Events using slides, current status of the Fourth of July Executive Board and three options relating to use of an outside consultant, fundraising and'city subsidy. Vick Morris, Personnel Services Coordinator, presented a video tape of the Fourth of July Parade. Discussion was held by Council and staff regarding the structure of the Fourth of July Executive Board and its relationship with City Council and staff. The Community Services Director reported. Debbie Cope; Fourth of July Executive Board Chair, reported that options for operating the July Fourth activities which will be presented to City Council for action on October 3, 1994. CLOSED SESSION OF CITY COUNCIL The Mayor called a recess of the City Council/Redevelopment Agency at 5:50 p.m. for the purpose of meeting in closed session of the City Council to consider the following closed session items: 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 Anthony G. Mazzotti and Andrew Mizaoff v. City Of Huntington Beach - Orange County Superior Court Case No. 689728. (120.80) Page 2 - Council/Agency Minutes - 09/19/94 Closed Session - City Council Pursuant To Government Code Section 54956.9(C) 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 54957.6 to meet with its designated representatives regarding. Labor Relations. Matters - Agency Negotiator: William Osness and Dan Cassidy, Esquire - Employee Organizations: Surf City Lifeguard Employees Association. (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 Firemens' Association (HBFA). (120.80) RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY The Mayor reconvened the regular meetings of the City Council/Redevelopment Agency at 6:30 p.m. in the Council Chamber. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan Absent: None PLEDGE OF ALLEGIANCE, FLAG CEREMONY AND INVOCATION The Pledge of Allegiance and Invocation was presented by Girl Scout Junior Troop 1324, St. Bonaventure School. DEDICATION OF CITY COUNCIL MEETING TO MEMORY OF VERNON WENDELL FLOURNEY Mayor Moulton -Patterson announced that the City Council Meeting would be dedicated to the memory of Vernon Wendell Flourney a Huntington Beach resident who was murdered. She extended the City Council's deepest sympathy to the Mr. Flourney's family. 1-9: Page 3 - Council/Agency Minutes - 09/19/94 PRESENTATIONS The following presentations were made at the September 6, 1994 City Council/Redevelopment Agency Meeting. Presentation The Register Newspaper - "Best Of Orange County" To Mayor Linda Moulton -Patterson by Darlene Spratt, Special Section Manager, Orange County Register, and Elizabeth Sadilek and Debbie Hendren from Orange County Register, presentation of plaques from The Register's "Best of Orange County" polled from its readers. Huntington Beach selected for Best Parade/Community Festival Best Beach, Best Pier, Best Surfing Beach, and Best Place to Swim. Presentation - Donation by Champion Kawasaki Of Kawasaki Wave Runner - Marine Lifesaving By Mayor Linda Moulton -Patterson to Gale Nye, Director of Public Relations, Kawasaki and Steve Berkeley, Sales Manager of Champion Kawasaki, a plaque in recognition of their donation of a Kawasaki Wave Runner for use in lifesaving. Representing Marine Safety Division, are Captain Bill Richardson and Lieutenant Greg Crow. Presentation - Donation by Huntington Beach Elks Lodge to Fire Department - River Rescue Equipment To Mayor Linda Moulton -Patterson and Fire Chief Michael Dolder by the Huntington Beach Elks Lodge presentation of River Rescue Equipment, for Huntington Beach Fire Department. A video presentation was presented for the Council and audience. Presentation Of Plaque to City by Paralegal Services - City Support of Pier 2 Pier Offshore Marathon Ski Race To Mayor Linda Moulton -Patterson by Val Bureau, Owner Paralegal Services a plaque in appreciation for the City's support of the first "Pier 2 Pier Offshore Marathon Ski Race." Public Meeting Scheduled By City Council On September 26, 1994 For Public Comments On County Of Orange Plan For The Bolsa Chic/County Of Orange Public Hearing Schedule 9/28/94 Mayor Moulton -Patterson announced that the City Council would conduct a public meeting to obtain public input on the County of Orange plan for the Bolsa Chica. She stated that the county public hearing would follow on September 28, 1994 at 4:00 p.m. in the Council Chamber. 20� Page 4 - Council/Agency Minutes - 09/19/94 PUBLIC COMMENTS The City Clerk announced that following Revised Agenda Page H-7 to include the communication from Councilmember Sullivan (Proposal To Televise Two City Council Candidate Nights) were.. available at her desk. Pat McCabe addressed Council in opposition to the Save our State Initiative item on the City Council Agenda. She urged Council to adopt a position against it and to urge legislators to enforce laws already in place. Richard Henderson addressed Council in opposition to the city deleting the candidate's forum from city cable TV. Leon McKinney spoke in opposition to being told to call 1-800-Butterfly for police at a recent meeting. He spoke regarding complaints filed against police officers and the suits by police officers against Mr. Mello, representative of the CBI. Gloria Navarro, Regional Coordinator for Safety and Firearms Education, Westbury, Connecticut, spoke regarding their organization's objective to put an end to violence through effective education of children. She stated that the organization hopes to open an office in Huntington Beach this week. Maria Dzida, representative of the Justice Committee, St. Simon and Jude Parish, addressed Council stating that the Save our State initiative is not the answer to the immigration problem and would do serious harm to citizens and non -citizens alike. Steven Dzida, representative of the Justice Committee, St. Simon and Jude Church, spoke against the SOS Initiative citing the deficiencies of the measure and that it contradicted the American Dream. Dr. Fred Gallucio spoke against SOS Initiative from a medical viewpoint stating the spread of tuberculosis. He stated those affected would be the people who pick our food and cook our food. He spoke on behalf of the children and against infection for ourselves and the community. He stated that he did not believe the proposed measure was constitutional. Marsha Rechsteiner addressed Council on behalf of the PTA's and the Huntington Beach Union High School District in support of the candidate's forum to be televised. Fran Dereszynski, PTSA President at Marina High School, spoke in favor of continuation of televising the candidate's forum. Connie Greyshock thanked Council for their attention to the need for traffic signalization at Magnolia and Indianapolis Avenue. She stated that on Wednesday she became a naturalized citizen and that now as a voter she is being asked to look at her humanness. She stated that the effects of Proposition 187 (SOS Initiate) will have far greater consequences than can be imagined. 21 Page 5 - Council/Agency Minutes - 09/19/94 Eileen Murphy, Bolsa Chica land Trust, thanked Councilmembers Winchell, Moulton -Patterson, Bauer and Leipzig for voting to send a letter to Secretary of the Interior Babbitt urging consideration of a land exchange. Joseph Mastropaolo stated objection to sales persons from U. S. Advantage trespassing and defacing property in his neighborhood. He stated he was told that the person had an exemption from the solicitation ordinance. Mr. Mastropaolo stated that the person was taken away in handcuffs as he had an arrest warrant. He asked Council to revoke the exemption of U. S. Advantage, Downey from the solicitation ordinance. He handed a document to the City Administrator. Jean Forbath, representing Share Ourselves, stated that Proposition 187 takes away local control; for example, the police will be told how they can act. She requested the city to look at the ramifications to the city and it effect on city government such as the cost of possible law suits. Ed Kerins, vice-president of Huntington Beach Tomorrow, spoke regarding the Seapoint Street extension noise analysis. He stated that he supported a noise study as recommended in the item on the Agenda. Laura Madariaga, PTSA, spoke in support of the Agenda Item relative to retaining television coverage of the candidates forum. George Arnold opposed the proposed city budget. A spokesperson for Seacliff Coalition, distributed a communication from Seacliff on the Greens Club Series Homeowners Association regarding the agenda items relative to Seapoint Extension and the agenda item relative to the preservation of the Gas Plant. She stated her support for the Agenda Item relative to the Seapoint Extension study and stated that homes in the area were volunteered for the study. She spoke against preservation of the Gas Plant due to toxins and the need for the soil to be cleaned. JoAnne Viserta-Galinis, Huntington Beach Historical Society, spoke in support of the Agenda Item regarding the gas plant site at Bolsa Chica Regional Park. (CITY COUNCIL) PUBLIC HEARING - CONTINUED OPEN FROM SEPTEMBER 6, 1994 - FY 1994/95 BUDGET AND PARKING FINE INCREASE - IMPLEMENT NON-RESIDENT LIBRARY CARD FEE AS RECOMMENDED IN PRELIMINARY BUDGET - HEARING CLOSED WITH DECISION CONTINUED TO SEPTEMBER 26, 1994 (320.30) The Mayor announced 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) all branch libraries. �.2 Page 6 - Council/Agency Minutes - 09/19/94 The City Administrator presented a slide report. The Mayor declared the public hearing re -opened. Pursuant to the Brown Act, the City Clerk announced the following letters had been received following distribution of the Agenda and were available at her desk: Communication dated September 14, 1994 from A. J. Spiegel; communication from Judy Diaz, Community Services Commission Chairman, dated September 15, 1994, communication and attachment from Huntington Beach Firefighter's Association, Tom Faye, President, opposing Fire Department budget cut; communication from Monroe Bester regarding his name submitted in error on the Huntington Beach Firefighter's petition; communication from Helen and Harold Tieger opposing paramedic cuts; communication from Linda Couey opposing cutting the Huntington Beach Concert Band budget; and a Slide Presentation submitted by Administration on budget hearing dated .September 19, 1994. A communication titled Budget Worksheet - dated September 16, 1994 - Adoption of 1994-95 Budget from the City Administrator to the City Council and communications dated September 15, and September 19, 1994, respectively, to the City Council from the City Administrator titled Meet and Confer - Budget Adoption and Comprehensive Fleet Management Program were also distributed to Council. A communication from the Huntington Beach Chamber of Commerce dated September 15, 1994 regarding the budget had been distributed to Council. Teddi Alves, member of CBI, spoke regarding car allowances, unfilled positions and against police officers being allowed to file suit against citizens. She distributed a communication to Council. Terry Hoffman requested that Council add more police officers not less because of the recent murders; multi -cultural community; that paramedics and police officers work hand in hand . Shawn Stevens spoke in opposition to closing Shipley Nature Center. He stated that he knew the Council thinks about kids because of the library expansion and that Shipley Nature Center is critical to kids. He stated that he volunteers and that there must be a way to work together. Ray Kirst, Huntington Landmark representative, addressed Council regarding safety concerns and the need to maintain fire services at Magnolia Avenue and Hamilton Street station as another minute or two could be added to response times. Myra Sterin, Huntington Landmark representative, stated that she believed the Fire Department proposal spread services too thin and would put lives in danger. Wendy Mello spoke in support of adding more resources to the Police and Fire Departments due to service demands. She spoke regarding Cotter Tree Service peeling the palm trees and handed out photographs and stated that she did not believe such cosmetic services were fiscally appropriate. Dale Caulfield, Huntington Landmark Homeowner's Association representative, requested that 23- Council not reduce Fire Department services as lowered response time would endanger lives. Page 7 - Council/Agency Minutes - 09/19/94 Herb Forath spoke in opposition to Police Department cuts stating that trying to balance the budget at the expense of public safety would hurt the city in the long run. Darren Newton, Huntington Beach paramedic, spoke regarding the main goals and work accomplishments of the Paramedic Delivery System Committee formed by Fire Chief Dolder in 1992. He spoke regarding Committee's findings. He presented reasons in support of the vans. Scott Freeman, Huntington Beach Fire Department Captain, informed Council that the statement made at the last meeting regarding the only time you would see any major delays in paramedic responses would be if numerous units were tied up on major emergencies or fires was absolutely false. He gave examples of how under the proposed system the paramedics could be delayed on a daily basis. Don Spreeman, Huntington Beach paramedic, presented two examples of multiple calls that had occurred in the. city that would have compromised response time and coverage if the new system had been in place. Jim Babbitt, Firefighter, stated that if the open budgeted positions were filled it would eliminate overtime so it is not for the firefighters' benefit that the firefighters went out to the community and spoke against cuts. He stated that it is due to the flexibility of vans and engineers that the department can operate lean. He stated that they are aware Fire Chief Dolder has a difficult job but that they disagree. Bob Filipek, Huntington Beach Fire Department listed reasons why the proposal was not workable. Tom Faye, President, HBFA, spoke regarding the signature petition and information ads. He stated that the citizens do not want cuts in the Fire Department. He referred to the Quality Service Mission Statement adopted by the City Council earlier this year. He presented the petition to the City Clerk. Barry Ellerbrook, Downtown business person, Huntington Beach Chamber of Commerce representative, spoke regarding the proposed budget cut of returning the operation of the state beach to the state. He stated that this budget cut would jeopardize the long term project of the pier area improvements. Wade Hawley, Chairman of the Library Board spoke on behalf of the library support groups. He stated that they supported Resolution No. 6633(B). Craig Shimomura, Lifeguard Association representative, read newspaper articles where lifeguards saved swimmers and also regarding beaches where there are no lifeguards. He requested Council not to repeat this history and not to make cuts. Ernie Cushing, representing Senior Citizens Outreach Program, representing volunteers who deliver meals to homebound. He requested that the $5,000 be restored. Enrique Naiera, youth who attends Oakview Center, urged that funding not be cut. 24 Page 8 - Council/Agency Minutes - 09/19/94 Juan Lucero requested that cuts not be made at Oakview Center. He stated that he had been involved in crafts and sports and wants younger kids to have the same chance. Steve Reuter, Marine Safety Officer's Association representative, opposed safety cuts and questioned who will make rescues on marine safety; he also opposed removal of beach restrooms. David Simcox, coordinator of the Junior Lifeguard Program, stated their concern of the potential budget cuts on the Marine Safety Department and how the cuts would affect the safety factor of the Jr. Lifeguard Program. Frank Puccilli, Florida Utica Task Force representative, showed slides and requested that the Measure M Funds of $524,000 be approved for the Florida/Yorktown Improvements. He displayed the area on a viewgraph. Barbara Kimbrough, Florida -Utica Task Force representative, spoke on behalf of the Measure M Funding for Florida/Yorktown. She spoke regarding the current passage being dangerous; caused by substandard drainage pumping onto street extending past bicycle lanes; no sidewalks, passage for bikes, children, walkers; very precarious. She spoke regarding the contaminated water caused from types of business in the area that out of necessity it is pumped onto street. The City Engineer reported. Ernest Bellino, Florida -Utica Task Force representative, spoke in support of the Florida/Utica Improvements. He spoke regarding the current street deficiencies. He stated that the section of the car lane between Delaware/Florida nearest the bike path narrows from 14 to 10 feet and is an accident waiting to happen. Christopher Boyd, firefighter in another city, spoke regarding coverage requirements which he stated -would not be met under the new proposal. Judith Diaz, Chairperson, Community Services Commission, stated she hoped that Council had had an opportunity to read their communication recommending that Council restore the cuts in Community Centers, Marine Safety Lifeguards, Oak View Center, Beach Maintenance, City Gym and Pool, Department Clerical and Huntington Central Park,/Nature Center.. She requested that revenues from Meadowlark Golf Course be put into Park Acquisition Fund. Jeff Koller, Surf City Lifeguards representative, stated that there were 2,500 rescues with no fatalities and that the city cannot afford cuts or lives will be put in jeopardy. John Warburton. M.D., orthopedic surgeon, stated he has worked in emergency rooms at local hospitals. He presented ratios of coverage of firefighters and stated now is not the time to be cutting the Fire Department. RECESS - RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY The Mayor called a recess at 9:25 p.m. She reconvened the regular meetings of the City 25. council/Redevelopment Agency at 9:40 p.m. Page 9 - Council/Agency Minutes - 09/19/94 (CITY COUNCIL) - CONTINUATION OF PUBLIC HEARING REGARDING FY 1994/95 BUDGET The City Administrator reported further on budget topics. Deputy City Attorney DeLaLoza reported on claims filed against the city.regarding occurrences north of the pier, stating that about twelve (12) claims went into litigation in the last ten years and essentially they ware all bicycle related claims. He stated that it was his understanding that even if the city did turn the beach back over to the state the bicycle trail would still be city liability. He stated that he had spoken to Carl Warren, the firm working with the Risk Management Division and as claims are not necessarily kept by location it would take about a week to get a complete picture. He responded to Councilmember Sullivan's question regarding costs of claims and referred to a report he had just received. Motion To Approve 60% Of Non -Resident Library Card Fee For Book Purchase - Failed A motion was made by Sullivan, second Moulton -Patterson that the non-resident library fee, sixty percent (60%) be devoted to the much neglected book purchasing not to exceed $120,000. The motion failed by the following roll call vote: AYES: Bauer, Moulton -Patterson, Sullivan NOES: Silva. Robitaille, Winchell, Leipzig; ABSENT: None Motion To Establish $20 Non -Resident Library Card Fee - Failed A motion was made by Leipzig, second Robitaille to establish a twenty dollar ($20) fee for non- resident library fee. The motion failed by the following roll call vote: AYES: Bauer, Robitaille, Leipzig NOES: Silva, Moulton -Patterson, Winchell, Sullivan ABSENT: None Councilmember Winchell reported on the meeting with the library support groups which had stated they did not want a fee if the amount did not go to book purchase. Motion To Approve 30% Of Non -Resident Library Card Fee For Book Purchase - Approved A motion was made by Silva, second Leipzig, to establish a twenty dollar ($20) Library Card fee for non-resident with thirty percent (30%) this year dedicated to book purchase. The motion carried by the following roll call vote: AYES: Silva, Robitaille, Winchell, Leipzig, Sullivan NOES: Bauer, Moulton -Patterson ABSENT: None z6'- Page 10 - Council/Agency Minutes - 09/19/94 Parking Fee Fines Increase - Approved (Except Handicapped Parking) A motion was made by Robitaille, second Winchell, to increase parking fee fines fifteen dollars ($15) except for handicapped parking. The. motion carried by unanimous vote: Further discussion was held by the Council. $10 Per Year Business License Fee Increase - REJECTED A motion was made by Sullivan, second Silva, to REJECT a ten dollar ($10) per year business license increase. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, , Leipzig, Sullivan NOES: Winchell ABSENT: None Imposition of Business License Fee to Independent Contractors - REJECTED A motion was made by Sullivan, second Silva, to REJECT the recommendation to charge a business license fee to independent contractors. The City Treasurer reported. The motion carried unanimously. Motion To Reject Business License Fee For Rental Units - FAILED A motion was made by Leipzig, seconded by Silva, to reject the ten dollars ($10) business license fee increase for rental units. The motion FAILED by the following roll call vote: AYES: Leipzig, Silva NOES: Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan ABSENT: None Motion To Approve Fire Department's Recommended Budget- FAILED Councilmember Leipzig spoke regarding Fire Chief Dolder's recommended budget stating that he believed it would benefit the city and save lives. A motion was made by Leipzig, second Winchell, to approve Fire Chiefs Dolder's recommended budget. 27 Page 11 - Council/Agency Minutes - 09/19/94 Councilmember Sullivan inquired of the Fire Chief as to what was the trend in fire services. Slides were referred to and discussion was held regarding examples stated by the firefighters during the budget hearing. The motion FAILED by the following roll call vote: AYES: Winchell, Leipzig, Sullivan NOES: Silva, Bauer, Robitaille, Moulton -Patterson ABSENT: None Councilmember Winchell stated that she would like information on sports field maintenance and sports field parking lots at the next budget meeting. The Council continued decision on the FY 1994-95 Budget and Parking Fine Increase and Implementation of the non-resident library card fee to an adjourned meeting to be called for September 26, 1994. (City Council) PUBLIC HEARING CONTINUED OPEN FROM SEPTEMBER 6. 1994 - CODE AMENDMENT NO. 91-10 - ENVIRONMENTAL ASSESSMENT NO. 91-32 - PROPOSED ZONING AND SUBDIVISION ORDINANCE - DIVISION 9 REWRITE- CONTINUED OPEN TO SEPTEMBER 20. 1994 (640.10) Included in the Late Communications distributed to the Council and available to the public were a communication dated September 16, 1994 from Stephen Bone, The Waterfront, Incorporated, President, regarding Conversion of Mobilehome Parks, Code Amendment No. 91-10, Changes to Article 927 of the Huntington Beach Ordinance Code. Also Division 9 Rewrite, Exhibit A to Ordinance No. 3254 prepared by the Community Development Department and the zoning and Subdivision Ordinance Slide Presentation dated September 19, 1994. 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. The public hearing was continued open to September 20, 1994 by the City Council Page 12 - Council/Agency Minutes - 09/19/94 (Public Hearing) PUBLIC HEARING CONTINUED OPEN FROM AUGUST 15 1994 - APPEAL 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 - COUNCILMEMBER EARLE ROBITAILLE - BASEMENT ADDITION TO PREVIOUSLY APPROVED HEALTH CLUB - 303 THIRD STREET - APPEAL DENIED (420.40) Mayor Moulton -Patterson announced that this was the day and hour set for a public hearing to consider: APPLICATION NUMBER: Appeal of the Planning Commission's denial of Revised Conditional Use Permit No. 91-57, Revised Coastal Development Permit No. 92-2, and Revised Negative Declaration No. 92-9. APPLICANT: Jeff Bergsma APPELLANT: Councilmember Earle Robitaille LOCATION: 303 Third Street ZONE: Downtown Specific Plan, District 5 (Mixed Use: Commercial/ Office/Residential) REQUEST: To allow a 4,400 square foot basement addition to an approved 13,200 square foot building for use as a health club. ENVIRONMENTAL STATUS: Covered by Revised Negative Declaration No. 92-9- (Environmental Assessment) which will also be considered by Council. COASTAL STATUS: The proposed project is located within a non -appealable area of the Coastal Zone. The Community Development Director and the Planning Director presented the staff report Deputy City Attorney DeLaLoza reported relative to Councilmember Leipzig's inquiry as to why this item was agendized when there is litigation pending. The public hearing had remained continued open from August 15, 1994 and the Mayor asked if anyone was present to speak. Doug Langevin, downtown property owner, corrected the part of the staff report which stated that the previous building did not provide on -site parking or parking requirements. He presented a history of the matter. He stated his difference with the part of the staff report that states that there is sufficient parking for the area according to the Master Parking Plan for the Downtown Specific Plan area. Michael Fein spoke in support of the applicant's request stating that they were only asking for the addition of the pool; the variance is not included in this request. He informed Council he was 29 present to answer any questions. Page 13 - Council/Agency Minutes - 09/19/94 The Planning Director confirmed Councilmember Bauer's statement that if this application' is approved the applicant would have to provide parking spaces or pay the in -lieu fee. Jeff Bergsma,-applicant, presented reasons for approval of the appeal including. the judge's decision that they have a vested right to the parking. He also spoke regarding the F.A.R. issue. Gary Mulligan, Realtor, addressed Council regarding his efforts to obtain an upscale tenant in this inferior location. . 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 Robitaille, second Moulton -Patterson, to overturn the Planning Commission's action and approve Revised Negative Declaration No. 92-9, Revised Conditional Use Permit No. 91-57 and Revised Coastal Development Permit No. 92-2 with findings and suggested conditions of approval as outlined in Attachment No. 6 to the Request for Council Action dated July 5, 1994. Deputy City Attorney DeLaLoza clarified the parking spaces Discussion was held. In response to a question by Councilmember Leipzig, the Planning Director stated that subterranean parking is a possibility. The motion made by Robitaille, second Moulton -Patterson, FAILED by the following roll call vote: AYES: Silva Robitaille, Moulton -Patterson NOES: Bauer, Winchell, Leipzig, Sullivan ABSENT: None The vote resulted in the decision of the Planning Commission standing. REMAINDER OF AGENDA CONTINUED TO SEPTEMBER 20. 1994 The remainder of the City Council/Redevelopment Agency Agenda was continued by Council to Tuesday, September 20, 1994 by unanimous consent. SPECIAL MEETING OF THE HUNTINGTON BEACH PARKING AUTHORITY RESOLUTION NO. 19 - MEETING TIME OF HUNTINGTON BEACH PARKING AUTHORITY - CONTINUED TO SEPTEMBER 20. 1994 (125.40) r :+ .10 Page 14 - Council/Agency Minutes - 09/19/94 (City Council/Parking Authority) MAIN PROMENADE PARKING STRUCTURE - STEAM CLEANING - CONTINUED TO SEPTEMBER 20, 1994 (275.10) (City Council/Redevelopment Agency) MINUTES - CONTINUED TO SEPTEMBER 20 1994 (City Council) BID AWARD - NEWLAND/HEIL TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS - KEN THOMPSON, INC. - CC-905 - CONTINUED TO SEPTEMBER 20 1994 (600.55) (City Council) BID AWARD - TOWN LOT/OLD TOWN ALLEY IMPROVEMENTS - ANRO CONSTRUCTION COMPANY, INCORPORATED - CC-907/CC-850 - CONTINUED TO SEPTEMBER 20, 1994 (600.80) (Redevelopment Agency/City Council) AMENDMENT TO CITY AND COUNTY CIRCULATION PLANS - PACIFIC VIEW DRIVE - THE WATERFRONT - CONTINUED TO SEPTEMBER 20, 1994 (440.50) (City Council) NOTICE OF COMPLETION - PHASE 1- GOLDENWEST STREET WIDENING FROM ELLIS AVENUE TO WARNER AVENUE - CC-575 - CONTINUED TO SEPTEMBER 20, 1994 (600.50) (City Council) RESOLUTION NO. 6630 - AGREEMENT TO ADD CITY OF NEWPORT BEACH TO EXISTING MEMORANDUM OF UNDERSTANDING - AIRBORNE LAW ENFORCEMENT SERVICES (ABLE) - CONTINUED TO SEPTEMBER 20, 1994 (600.40) (City Council) AMENDMENT NO. 1 TO AGREEMENT - WILLDAN ASSOCIATES - ASSESSMENT ENGINEERING - HOLLY SEACLIFF: AMENDMENT NO. 1 - CONTINUED TO SEPTEMBER 20, 1994 (600.40) (City Council) AUTHORIZATION FOR HBTV-3 TO TELEVISE CANDIDATE NIGHTS AS A PUBLIC SERVICE - CONTINUED TO SEPTEMBER 20, 1994 (160.10) (City Council) LOAN AGREEMENT - AFFORDABLE HOUSING - ORANGE COUNTY COMMUNITY HOUSING CORPORATION - PURCHASE OF 611 SIXTH STREET-CDBG FUNDS - RESOLUTION NO. 6631 - CONTINUED TO SEPTEMBER 20, 1994 (600.10) 31 Page 15 - Council/Agency Minutes - 09/19/94 (City Council) ESTABLISHMENT OF AD HOC HUNTINGTON BEACH FILM COMMITTEE: CONTINUED TO SEPTEMBER 20, 1994 (120.25) (City Council) AMENDMENT NO. 2 TO AGREEMENT - ERVIN, COHEN AND JESSUP - REVIEW OF THE BOLSA CHICA ENVIRONMENTAL IMPACT REPORT - CONTINUED TO SEPTEMBER 20, 1994 (600.10) (City Council) GRANT AGREEMENT - HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU, INCORPORATED FOR FY 1994-95 - CONTINUED TO SEPTEMBER 20, 1994 (600.10) (Redevelopment Agency). SENIOR CITIZEN APARTMENTS - NEGOTIATION AGREEMENT - ORANGE HOUSING DEVELOPMENT CORPORATION (OHDC) - YORKTOWN/LAKE REDEVELOPMENT PROJECT - CONTINUED TO SEPTEMBER 20, 1994 (600.30) (City Council) ANNUAL REVIEW - DEVELOPMENT AGREEMENT NO. 88-1 - MEADOWLARK - DICK NERIO ET AL - CONTINUED TO SEPTEMBER 20, 1994 (600.10) (City Council) YOUTH ROLLER HOCKEY ARENA FUNDING FROM PARK ACQUISITION AND DEVELOPMENT FUND - CONTINUED TO SEPTEMBER 20, 1994 (320.20) (City Council/Redevelopment Agency) DOWN PAYMENT ASSISTANCE PROGRAM - PARTICIPANT APPROVAL - SET ASIDE FUNDS - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) - CONTINUED TO SEPTEMBER 20, 1994 (340.70) (City Council) MODIFICATION OF TRAFFIC SIGNAL - INTERSECTION OF MAGNOLIA INTERSECTION OF MAGNOLIA STREET AND INDIANAPOLIS AVENUE - CC-915 - CONTINUED TO SEPTEMBER 20, 1994 (600.55) (Redevelopment Agency) OFFICE SPACE LEASE BETWEEN TAE IL KIM AND ABDELMUTI DEVELOPMENT COMPANY - AGENCY APPROVAL OF BASIC LEASE PROVISIONS - OCEANVIEW PROMENADE - MAIN -PIER REDEVELOPMENT PROJECT AREA - CONTINUED TO SEPTEMBER 20, 1994 (600.30) (City Council) SEAPOINT STREET EXTENSION NOISE ANALYSIS - CONTINUED TO SEPTEMBER 20, 1994 (800.60) 32 Page 16 - Council/Agency Minutes - 09/19/94 (City Council) BOLSA CHICA REGIONAL PARK - PRESENTATION BY COUNTY OF ORANGE - GAS PLANT SITE - CONTINUED TO SEPTEMBER 20, 1994 (440.60) (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 20, 1994 (600.30) (City Council) MUNICIPAL ARTS CENTER - TERMINATE LEWIS JORGE CONSTRUCTION MANAGEMENT INCORPORATED CONTRACT - APPROVAL TO SOLICIT BIDS FOR REMAINING PORTIONS OF WORK - CC-753 - CONTINUED TO SEPTEMBER 20, 1994 (600.80) (City Council) CENTRAL LIBRARY PARKING LOT EXPANSION - RESUMPTION OF CONSTRUCTION - SHAWNAN CORPORATION - CC-875 - CONTINUED TO SEPTEMBER 20, 1994 (600.80) (City Council) APPROVAL OF LEGAL INVOICES - LIEBERT, CASSIDY AND FRIERSON - REVIEW PROCESSING OF EMPLOYEE OPTIONS UNDER PERS TO ESTABLISH A COMPENSATION YEAR - CONTINUED TO SEPTEMBER 20, 1994 (600.10) (City Council) -ORDINANCE NO. 3251-B - AMENDING ARTICLES 902, 942 AND 969.9 OF THE HUNTINGTON BEACH ORDINANCE CODE - WHITEHOLE - PACIFIC COAST HIGHWAY BETWEEN BEACH BOULEVARD AND SANTA ANA RIVER - ZONE CHANGE NO. 88-18 - CONTINUED TO SEPTEMBER 20, 1994 (640.10) (City Council) ORDINANCE NO. 3241 - AMENDING CHAPTER 5.16 -RATES CHARGED TO BUSINESS BY ADDING SWAP MEETS, INDOOR, SPECIAL EVENTS, SPECIFIC EVENTS AND CHARITABLE EVENTS - CONTINUED TO SEPTEMBER 20, 1994 (City Council) -ORDINANCE NO. 3249A - ARTICLE 985 - DESIGN REVIEW BOARD - CONTINUED TO SEPTEMBER 20, 1994 (640.10) (City Council) -ORDINANCE NO. 3250 - RELATING TO DEFINITIONS "BOARD - CONTINUED TO SEPTEMBER 20, 1994 (640.10) (City Council) CONTINUED FROM AUGUST 2, 1994 - SUBMITTED BY COUNCILMEMBER SILVA - RESOLUTION NO. 6620 - SUPPORT PROPOSITION NO. 187 - SAVE OUR STATE 33 INITIATIVE - CONTINUED TO SEPTEMBER 20, 1994 (120.70) Page 17 - Council/Agency Minutes - 09/19/94 (City Council) REVIEW OF CITY NOISE ORDINANCE SUBMITTED BY COUNCILMEMBER WINCHELL - CONTINUED TO SEPTEMBER 20, 1994 (640.10) (City Council) PROPOSAL TO TELEVISE TWO CITY COUNCIL CANDIDATE NIGHTS - SUBMITTED BY _COUNCILMEMBER SULLIVAN - CONTINUED TO SEPTEMBER 20, 1994 (160.10) ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, September 20, 1994 at 6:30 p.m., in the Council Chamber. ATTEST: dwn4� I 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 34. .