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HomeMy WebLinkAbout1994-10-03 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, October 3, 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 and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan, Silva (arrived 5:20 p.m.) ABSENT: Robitaille STUDY SESSION - PRESENTATION ON PROPOSED EL TORO AIRPORT BY MAYOR CLARENCE TURNER OF NEWPORT BEACH Clarence Turner, Mayor of Newport Beach, presented a report using slides on the history of the Orange County Regional Airport Authority and the proposed regional airport at the El Toro Marine Base. He distributed a brochure entitled "The El Toro Airport - Gateway to Orange County's Economic Future". Error on Agenda Announced by City Attorney - Change from Redevelopment Agency to City Council - Closed Session Item Regarding the Surf City Lifeguard Employees Association The City Attorney announced an error on the agenda on the Closed Session item regarding the Employee organization Surf City Lifeguard Employees Association and stated that it should be a City Council Closed Session not Redevelopment Agency. A motion was made by Winchell, seconded by Moulton -Patterson that the city take action on the matter of the agenda item description regarding the Closed Session on the Surf City Lifeguard Employees Association that came up after the agenda was posted. The motion carried by unanimous vote: RECESS The Mayor called a recess of the City Council and Redevelopment Agency. 75 Page 2 - Council/Agency Minutes-10/03/94 CLOSED SESSION The Mayor called a recess of the City Council/Redevelopment Agency at 5:47 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(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 - Redevelopment Agency 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 - 301/303 Main. environmental litigation. (120.80) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Director of Personnel and Dan Cassidy, Esq. of Liebert, Cassidy and Frierson regarding Labor Relations Matters - employee organization 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, Esq., Liebert, Cassidy and Frierson regarding Labor Relations Matters - Meet and Confer regarding the following employee organizations: Police Officers Association, (POA), Municipal Employees Association (MEA), and Huntington Beach Firemens' Association (HBFA). (120.80) RECONVENE The Mayor reconvened the meeting of the City Council and Redevelopment Agency in the Council Chamber CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL: PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: None FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony, Pledge of Allegiance and Invocation was presented by the Huntington Beach Boy Scout Troop 568, Pacifica District, Scoutmaster David Koahl. 16 Page 3 - Council/Agency Minutes - 10/03/94 PRESENTATION - CHECK FOR $91,000 - FROM GTE SUMMER CLASSIC EQUESTRIAN EVENT Bob Goodrich and Diana Casey, Huntington Beach Art Center Foundation, presented a check for $91,000 to the Mayor from Don Jankowiak, GTE Directories and Talese Fernback, Huntington Central Park Equestrian Center, from the GTE Summer Classic equestrian event. PRESENTATION OF CERTIFICATES OF RECOGNITION - GTE DIRECTORIES AND FIRST INTERSTATE BANK Mayor Moulton -Patterson presented Certificates of Recognition to Don Jankowiak, GTE Directories, Dr. Robert Rooks, All Care Animal Referral Centers, Tim Miquel, Waterfront Hilton, Fountain Valley Regional Hospital, and Jim Phelps, First Interstate Bank, for their sponsorship and support of the GTE Equestrian Event. PRESENTATION - CERTIFICATES OF RECOGNITION - BOY SCOUT TROOP 568 - VOLUNTEER HOURS WORKING FOR THE FOURTH OF JULY PARADE Mayor Moulton -Patterson and Deborah Cope, Fourth of July Executive Board Chairman, presented Certificates of Appreciation to Boy Scout Troop 568 and their leader in appreciation for their volunteer hours working for the Fourth of July Parade. PRESENTATION - CHECK FOR $16,500 - SOUTHERN CALIFORNIA GAS COMPANY INCENTIVE PROGRAM FOR EFFORTS TO SAVE ENERGY - WATER OPERATIONS DIVISION Judy Peck, Energy Sales Engineer, and Susan Saldana, District Manager, of the Southern California Gas Company, presented a rebate check in the amount of $16,500.00 to Mayor Moulton -Patterson, Jeff Renna, Water Operations Manager, and Howard Johnson, Water Production Supervisor for the Water Operations Division recent replacement of a gas engine to save energy. PRESENTATION - CHECK FOR $375 - EMPLOYEE SUGGESTION AWARD - HOWARD JOHNSON - WATER OPERATIONS DIVISION - SUGGESTION TO AUCTION EQUIPMENT AND MATERIAL NO LONG IN USE Mayor Moulton -Patterson and Vick Morris, Personnel Services Coordinator, presented an Employee Suggestion Award of a check for $375 and a plaque to Howard Johnson, Water Production Supervisor, Jay Kleinheinz, Crewleader, Gary Eddington, Rod Houser, Mike Hehn, Greg Ketcham and Larry Mahon, Water System Technicians, for the suggestion to hold an auction for various equipment and material that their operation no longer uses. 77 Page 4 - Council/Agency Minutes-10/03/94 PRESENTATION - NATIONAL ASSOCIATION OF TELECOMMUNICATION OFFICERS AND ADVISORS (NATOA) 1994 IMPACT AWARD TO HUNTINGTON BEACH TV-3 Howard Stephens, Public Cable Television Authority representative, presented a National Association of Telecommunication Officers and Advisors (NATOA) 1994 Impact Award to Mayor Moulton -Patterson, Councilmembers Dave Sullivan and Ralph Bauer and Richard Barnard, HBTV-3 Station Manager, for Community Services Report programs. Discussion Held Regarding Adoption Of Ordinance Nos. 3252, 3253, and 3254 - Division 9 Rewrite The City Administrator stated that on August 19, 1994 the City Council voted to maintain the same wording in the Ordinance Code regarding Recreational Vehicles and Ham Radio Antennas which would affect the adoption of Ordinance Nos. 3252, 3253, and 3254 (Division 9 rewrite). He stated that a communication from Howard Zelefsky, Planning Director, was distributed to Council. The Mayor stated that she would like to bring these Ordinances forward and asked for a motion at this time. (City Council) ORDINANCE NO. 3252 ADOPTED - REMOVES ARTICLES RELATED TO SPECIFIC PLANS FROM ORDINANCE CODE AND ESTABLISHES THEM AS SPECIFIC PLANS (640.10) Deputy City Clerk Johnson presented Ordinance No. 3252 for Council adoption - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REMOVING ARTICLES 937 AND 964 THEREOF AND ESTABLISHING THEM AS SPECIFIC PLANS." This ordinance removes Articles 937, North Huntington Center Specific Plan, and 964, Pacifica Community Plan, from the Huntington Beach Ordinance Code and establishes them as Specific Plans. Public hearing and introduction approved September 20, 1994. Councilmember Bauer congratulated Robert and Jean Polkow for calling the changes in the Ordinance Code affecting Recreational Vehicle Parking to his attention Deputy City Clerk Johnson announced communications received and distributed to Council from Melanie Fallon, Community Development Director, dated September 27, 1994 regarding Supplemental Information RV Parking/Code Amendment No. 91-10; Pat Dapkus, Management Assistant, dated October 3, 1994 regarding Code Amendment No. 91-10/Zoning and Subdivision Ordinance --Script for motion to ordinances, and Jerome M. and Charlene M. Malner in opposition to proposed changes to the Recreational Vehicle Parking Code and an informal petition listing approximately nine signatures in opposition. Page 5 - Council/Agency Minutes - 10/03/94 A motion was made by Leipzig, seconded by Bauer, to delete Section 230.80 D and 230.8 E of Code Amendment No. 91-10, the new Zoning and Subdivision Ordinance, pertaining to microwave receiving antennae and microwave transmitting and relay equipment and delete conditional use permit approval requirement for microwave antennae and equipment in Section 230.80A; and replace section 231.02 EA of Code Amendment No. 91-10, the new Zoning and Subdivision Ordinance, with existing parking provisions contained in Section 9110.10 of the Huntington Beach Ordinance Code. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None A motion was made by Winchell, seconded by Leipzig, to adopt Ordinance No. 3252 after reading by title. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) ORDINANCE NO. 3253 ADOPTED - REMOVES CITY PLANNING COMMISSION FROM ORDINANCE CODE AND ADDING CHAPTER 2.34 TO MUNICIPAL CODE (640.10) Deputy City Clerk Johnson presented Ordinance No. 3253 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REMOVING ARTICLE 900 THEREOF AND ADDING IT TO THE HUNTINGTON BEACH MUNICIPAL CODE AS NEW CHAPTER 2.34." The ordinance removes Article 900, City Planning Commission, from the Huntington Beach Ordinance Code and amends the Huntington Beach Municipal Code by adding Chapter 2.34. Public hearing and introduction approved September 20, 1994. _ A motion was made by Winchell, seconded by Leipzig, to adopt Ordinance No. 3253 after reading by title. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None 79 Page 6 - Council/Agency Minutes-10/03/94 (City Council) ORDINANCE NO. 3254 ADOPTED - REPEALS HUNTINGTON BEACH ORDINANCE CODE EXCEPT ARTICLE 910 ENTITLED RESIDENTIAL AGRICULTURE AND AMENDS THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING TITLES 20, 21, 22, 23 24 AND 25 (640.10) Deputy City Clerk Johnson presented Ordinance No. 3254 for Council adoption "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REPEALING THE HUNTINGTON BEACH ORDINANCE CODE AND ADOPTING A NEW ZONING AND SUBDIVISION CODE." The ordinance repeals the Huntington Beach Ordinance Code except Article 910 entitled Residential Agriculture and amends the Huntington Beach Municipal Code by adding Titles 20, 21, 22, 23, 24 and 25. Public hearing and introduction approved September 20, 1994. The following communications were received and distributed to Council from Robert Polkow dated September 26, 1994 and Robert Polkow and Jean Polkow dated September 29, 1994, requesting that RV parking and antennae installations provisions remain unchanged during Ordinance Code Rewrite. A motion was made by Winchell, seconded by Leipzig, to adopt Ordinance No. 3254 after reading by title. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None PUBLIC COMMENTS Michael Turner, representing Ben Trainer, 303 Third Street, spoke regarding a Writ of Mandate issued by the Orange County Superior Court ordering the city to complete.the processing of a building permit and to issue the permit. He stated that the city had appealed the Superior Court ruling. Mr. Turner informed Council that a claim for damages was filed with the city today and that unless the claim is resolved, a claim for punitive damages would be filed against the City Councilmembers. He questioned if fighting this project is a responsible decision and the best use of citizen's tax dollars. Teddi Alves, Citizen's Bureau of Investigation representative, spoke in opposition to a lawsuit filed against the Citizen's Bureau of Investigation by Police Department Personnel, pension spiking, and previous Council actions. Jon Wensink, Citizen's Bureau of Investigation representative, spoke regarding the city budget, comparisons with other cities and presented slides. Bill Mello, Citizen's Bureau of Investigation Director, spoke in opposition to employee pension spiking, pay increases, and auto allowances. Eugene Colditz spoke in opposition to proposed changes in the Recreation Vehicle Parking code. 8oHe stated that his wife is ill, he uses his recreational vehicle as a second vehicle and the proposed ordinance will create a hardship. Page 7 - Council/Agency Minutes - 10/03/94 Councilmember Leipzig explained that the City Council had voted to restore the prior language in the code regarding recreation vehicle parking. George Arnold thanked Council for their action to charge non -city residents a fee for using the library. He thanked the City Administrator for helping with the downtown clean-up. Elaine Rosen, Downtown Residents Association representative, spoke in support of the downtown clean-up. She stated that fifty (50) people came to clean the sidewalks downtown, Simple Green donated supplies, and that the event provided a great sense of pride for a job well done. She stated that the media was informed of the planned clean-up but the event had not been reported in the newspapers. Ernald Cushing thanked the Council for their support of the Recreational Vehicle Parking code, adopting the Budget and stated that Council is going in the right direction. Jean Polkow expressed appreciation to Council for the adoption of the Recreational Vehicle Parking code without the proposed changes. Deborah Cope , Fourth of July Parade Committee President, stated that the current structure of the Board is not working and that thirty-three (33) people have resigned from the committee in the last five years. She stated that the work of the Committee is a monumental task and Council needs to look at that when restructuring the Committee. James Righeimer spoke in opposition to the city Campaign Reform Law. He stated that it was an incumbency protection law and unconstitutional. He stated that he had filed a lawsuit based on the First Amendment - Freedom of Speech and Fourteenth Amendment - Freedom of Association and the suit was dismissed in Federal District Court today. He stated that the next step is for the Council to decide if they want to spend taxpayers money on a political game. Downtown Clean -Up Report Councilmember Bauer encouraged citizens to shop in downtown Huntington Beach and thanked Steve Daniels, Rocky Mountain Chocolate Factory owner, for going the extra mile in organizing the Downtown Clean -Up. The City Administrator reported that the Downtown Clean -Up inspired community pride and made him feel good. Dates for Council Consideration of Revenue Measures The City Administrator reported that the proposed fee increases for the Downtown Parking Structure, parking validations for the Downtown Parking Structure, and impounded vehicles would be at the October 17, 1994 meeting; the oil barrel tax and business license requirements for single family and duplex rental units would be at the November 21, 1994 meeting. Page 8 - Council/Agency Minutes-10/03/94 (City Council) PUBLIC HEARING - CODE AMENDMENT NO. 92-5 - DOWNTOWN SPECIFIC PLAN REWRITE "VILLAGE CONCEPT" AND PARKING MASTER PLAN - INTRODUCTION ORDINANCE NO. 3239 - APPROVED (450.30) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NO.: 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 and 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 The Planning Director presented a staff report on the history of the Village Concept. Herb Fauland, Community Development Associate Planner, presented a staff report regarding proposed clarification of the wording in Ordinance No. 3239. He stated that staff recommended on Page Four of the ordinance the deletion of the word "rehab" in the definition and use the word "rehabilitation". He stated that staff recommended on Page Eleven of the ordinance a change to the last sentence in the second paragraph from the bottom to read "Any code required parking spaces provided on site shall be credited for any expansion of square footage or intensification of use. All required parking shall be calculated based on the reduced requirements of the Downtown Parking Master Plan." He stated that staff recommended on Page Twenty of the ordinance Section 4.3.01 Permitted Uses (b) be amended to delete 'rehabilitation" from the list of uses that require a Conditional Use Permit unless the rehabilitation results in an expansion of existing floor area greater than ten percent (10%). Councilmember Winchell questioned if staff intends to strike the word `rehabilitation" from the list of uses that require a Conditional Use Permit in other districts. Herb Fauland, Associate Planner, responded that the word "rehabilitation" would be stricken from all the districts. He stated that staff recommended on Page Thirty -Four, Section (iii) of the ordinance the wording be amended to read as follows: Page 9 - Council/Agency Minutes-10103/94 (iii) Residential Use - Residential uses are allowed only in conjunction with commercial uses in this District. Up to one-third (1/3) of the floor area of projects on parcels smaller than one-half (1/2) block may be devoted to residential uses; projects on one-half (1/2) block or larger parcels, except for projects fronting on Main Street up to two-thirds (2/3) of the floor area may be devoted to residential uses; projects on full block or larger parcels up to one-half (1/2) of the floor area may be devoted to residential uses; provided that residential uses in addition to the following: (Remainder of section not amended) Councilmember Winchell requested that the wording "fronting on Main Street' be changed to "Main Street Frontage". Herb Fauland, Associate Planner, stated that Council directed staff to revert back to the original wording for Districts Seven and Eight regarding building heights, reduction in density from gross acre to net acre, open space and adding transportation center to the list of permitted uses and that those changes have not been incorporated into the ordinance but would be added prior to the second reading of the ordinance. 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. Mayor Moulton -Patterson declared the public hearing open. A communication was received and distributed to Council from Q. L. Sfreddo received September 29, 1994 in opposition to amending the Downtown Specific Plan. Connie Mandic spoke in support of the approval of the Downtown Specific Plan with the additions added by Mr. Fauland. She thanked Council for their pro -business attitude and especially Councilmembers Bauer, Winchell and Sullivan who served on the Council Committee. She thanked Melanie Fallon, Community Development Director; Howard Zelefsky, Planning Director; Herb Fauland, Associate Planner, the Community Development Department,_ Legal and Administration Departments for creating a level playing field for all businesses. Virginia Bovy spoke in opposition to changes to the Downtown Specific Plan relating to Pacific Coast Highway. She stated that she owns an apartment building at Sixteenth Street and Walnut Street and the vacant property next door is zoned commercial. She requested clarification of what type of commercial would be allowed in this area. The Planning Director responded to Ms. Bovy's questions. He stated that he would meet with her to discuss her concerns. In response to Councilmember Silva's question, the City Administrator reported that the Development Agreement for Districts Eight and Nine would need to be amended or re -negotiated. The Planning Director reported that Council changed the open space requirements for that district from twenty-five percent (25%) to thirty percent (30%) and that may or may not have an effect on the commercial portion of the project. He stated that the floor area ratio was changed from three point five (3.5) to three (3). He stated that the effect to the project cannot be determined at this point because there are no plans that can be reviewed. � J Page 10 - Council/Agency Minutes - 10/03/94 The Economic Development Director reported. The City Attorney reported regarding vested rights. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Bauer, seconded by Leipzig, to approve Code Amendment No. 92-5, the Downtown Specific Plan rewrite and Downtown Parking Master Plan based upon the findings outlined as follows and, after reading by title, approve introduction of Ordinance No. 3239 as amended - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN BY AMENDING SECTION 4.0 THEREOF ENTITLED "DEVELOPMENT STANDARDS." The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES; Silva, Robitaille ABSENT: None (City Council) PUBLIC HEARING - RECONSIDERATION OF CITY COUNCIL'S DENIAL OF CONDITIONAL USE PERMIT NO. 94-10 WITH SPECIAL PERMIT FOR COMPACT PARKING SPACES - INDOOR SWAP MEET - FRAZER-TREMBLAY ENTERPRISES - APPROVED AS AMENDED - (RECONSIDERATION OF AUGUST 1, 1994 COUNCIL DENIAL OF APPEAL TO PLANNING COMMISSION DECISION FILED BY COUNCILMEMBER BAUER) (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. 94-10 with Special Permit for Compact Parking _ LOCATION: 5555 McFadden Avenue ZONE: M1-A (Restricted Manufacturing) REQUEST: To reconsider the City Council's denial on August 15, 1994 of a 325 vendor indoor swap meet with indoor entertainment activities including food service with sales of beer and wine, and to reduce the amount of required parking from 2,125 spaces to 1,320 spaces, and a special permit to allow forty-seven (47) three and one half percent (3.5%) of the parking spaces to be compact sized spaces. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: Not Applicable. The Planning Director presented a staff report. Page 11 - Council/Agency Minutes - 10/03/94 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. Mayor Moulton -Patterson declared the public hearing open. Communications were received and distributed to Council from Director of Community Development, and Allen M. Segal, Vice President, Collins -Fuller Corporation, in opposition dated September 27, 1994. Dallas E. Weaver, PhD., Scientific Hatcheries, spoke in opposition to the proposed swap meet regarding loss of industrial property and revenue, spot zoning, violation of equal protection laws and stated that one hundred percent of the neighbors oppose the concept and some have threatened to leave. Bob Goodmanson spoke in opposition to the proposed swap meet regarding the current status of the industrial market, industrial vacancies, downsizing of McDonnell Douglas and that the property has been on the market for over four years. Jim Connors, Masco representative, spoke in support of the proposed swap meet regarding guaranteed sales tax revenue, dual use of property as swap meet and office facility, provides jobs, and stated that it is a good temporary use as the facility has been vacant for four years. Frazer Tremblay, applicant, stated that he was present to answer questions. Councilmember Leipzig spoke regarding his concerns with the proposed project. James Fast spoke in opposition to the proposed swap meet regarding parking in the neighborhood, increase in trash outside the property, and drinking of alcoholic beverages on the property. Richard Harlow, representing Frazer Tremblay, spoke in support of the project regarding the sale of alcoholic beverages being sold along with food, parking only allowed on site, volunteered to work with staff to impose wording to enforce the parking regulations, hours of operation on federal holidays and an extended time period prior to the Christmas holiday, vendor loading, proposed tenant for office building during the week, and height of partitions to comply with Uniform Building Code. 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. Councilmember Sullivan spoke regarding his concerns with the proposed project. The City Treasurer spoke regarding language that was drafted to amend the Business License Code and which should be incorporated into the conditions for the project as follows: f Page 12 - Council/Agency Minutes-10/03194 INDOOR SWAP MEETS 1. Every operator of an indoor swap meet shall pay a license which shall include indoor exhibitors in the amount of twelve thousand ($12,000) per month. a. Vending, amusement and other services provided for a fee that are outside the structure will be subject to regulations that are not covered by this license. b. License fees are payable monthly in advance. Fees not received by the tenth of the month are subject to a ten percent (10%) late fee per month. c. If the license fees are three months in arrears, the business license and permits will be revoked. d. Operator will guarantee the city a minimum of fifty-six thousand dollars ($56,000) annual revenue from sales tax from indoor swap meet sales at the approved location. e. Operator will provide an irrevocable letter of credit in the amount of fifty-six thousand dollars ($56,000) in an institution acceptable to the City Treasurer and in a form approved by the City Attorney. The amount of the letter of credit may be reduced by the City Treasurer if sales tax revenues indicates that is appropriate. Discussion was held by Council and staff. Councilmember Sullivan expressed concern regarding the proposed hours of operation. Richard Harlow, representing Frazer Tremblay, stated that vendor loading would not occur every week as the vendors would leave their merchandise in the building during the week. He stated that vendor loading would occur with a new vendor or when a vendor moves from the swap meet. Frazer Tremblay stated that the swap meet would not open for business until9:00 a.m. Councilmember Sullivan stated that the developer has agreed to operate for eight years instead of ten and that should be changed in the Conditions of Approval for Conditional Use Permit No. 94-4. The Planning Director stated that Condition No. 2 would be changed to eight years. Councilmember Sullivan expressed concern regarding increased graffiti in the neighborhood. The Planning Director stated that a condition could be added that states "The property owners shall be responsible for removing graffiti from the subject property and from the immediately adjacent properties to the satisfaction of the Department of Community Development and Department of Public Works". Page 13 - Council/Agency Minutes-10/03/94 Straw Vote - Alcohol Sales at Swap Meet - Approved A motion was made by Sullivan, seconded by Bauer, that the sale of beer and wine be allowed as follows: 4. k. The sale of beer and wine shall be conducted in conjunction with food service booths located entirely within the building. No alcohol promotional sales shall be permitted: The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None The Planning Director reviewed amendments made by Council to the Conditions of Approval for Conditional Use Permit No. 94-10. A motion was made by Leipzig, seconded by Bauer, to approve the staff recommended action to overturn the Planning Commission's action and approve Conditional Use Permit No. 94-10 with a Special Permit for Compact Parking Spaces with findings and conditions of approval as outlined in Attachment 10 to the Request for Council Action dated July 5, 1994 as amended Councilmember Sullivan said he was going to appear devious on this but he felt that the swap meet was going to pass and he wanted to get as many good conditions in and explained reasons why he would be voting against the motion. ' Councilmember Bauer stated that under the circumstances since part of the process is to gain consensus and that was not Councilmember Sullivan's intent; he would like to go back over the conditions and make it less restrictive as it was in the spirit of consensus that he agreed to the conditions. A motion was made by Councilmember Bauer to review the conditions again to make them less restrictive. The City Attorney reported. Councilmember Bauer withdrew his motion. The original motion FAILED by the following roll call vote: AYES: Moulton -Patterson, Leipzig NOES; Silva, Bauer, Robitaille, Winchell, Sullivan ABSENT: None A motion was made by Leipzig, seconded by Bauer, to approve the staff recommended action to overturn the Planning Commission's action and approve Conditional Use Permit No. 94-10 with a Special Permit for Compact Parking Spaces with findings and conditions of approval as outlined in Attachment 10 to the Request for Council Action dated July 5, 994. An amendment to the motion was made by Moulton -Patterson, accepted by Bauer, to eliminate firearms and to add the graffiti program that the applicant had suggested. :8 7 Page 14 - Council/Agency Minutes-10103/94 Discussion was held by Councilmember Robitaille and the applicant regarding the banning of firearms sales. Councilmember Sullivan requested an amendment to the conditions to limit the conditional use permit to eight years. Councilmember Bauer did not accept the amendment to the motion. An amendment to the motion was made by Leipzig, accepted by Bauer, to add to the conditions the City Treasurer's language regarding the business license, the 9:00 a.m. starting time and off - site parking. A request to amend the motion was made by the Planning Director, accepted by Bauer, to allow sales on federal holidays and the week of Christmas, and partition height of the booths to comply with Uniform Building Code. An amendment to the motion was made by Winchell, accepted by Bauer, to amend the vendor loading hours. The Findings and Conditions as amended as follows: The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson NOES; Winchell, Leipzig, Sullivan ABSENT: None Findings For Approval - Conditional Use Permit No. 94-10 1. The establishment, maintenance and operation of an indoor swap meet with indoor activities and food service with sales of beer and wine in an existing 212,500 square foot building, will be not be detrimental to the general welfare of persons working or residing in the vicinity, nor will it be detrimental to property values and improvements in the area. With the conditions imposed, the proposed swap meet will not adversely impact surrounding land uses. 2. The location, site layout, and provision of parking for the use in an industrial area, properly adopts to streets, driveways and other adjacent uses and structures in a harmonious manner. The swap meet will operate out of an existing building, and will comply with all applicable City codes of the Huntington Beach Municipal Code. 3. The granting of Conditional Use Permit No, 94-10 will not adversely affect the General Plan of the City of Huntington Beach. The proposed swap meet is consistent with the General Plan land use designation of General Industrial, and the zoning for the location. Page 15 - Council/Agency Minutes - 10/03/94 4. The granting of a reduction in required on -site parking from 2,125 to 1,320 spaces in conjunction with Conditional Use Permit No.-94-10, will not create an undue parking problem, and will not adversely impact traffic circulation or pedestrian safety based upon the parking study. In addition, the joint use of parking will not create an undue parking problem based upon the required joint use parking agreement. Findings For Approval - Special Permit For Compact Parking Spaces 1. A special permit shall be approved to allow forty-seven (47) three point six percent (3.6%) of the 1,320 on -site parking spaces to be used as compact sized spaces. 2. The granting of the special permit for three point six percent (3.6%) compact parking spaces will result in a more effective circulation pattern and parking layout, as the compact spaces shall be distributed throughout the parking area. 3. The granting of the special permit for three point six percent (3.6%) compact parking spaces will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. 4. The granting of the special permit for three point six percent (3.6%) compact parking spaces will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses. Conditions Of Approval - Conditional Use Permit No. 94-4 1. The site plan, floor plans and elevations received and dated April 27, 1994, shall be the conceptually approved layout. 2. The use shall be permitted to operate within the 212,500 square foot building for a period not to exceed ten (10) years from the issuance of the initial Certificate of Occupancy. 3. Prior to issuance of building permits, the property owner and applicant shall enter into an irrevocable reciprocal/joint use parking agreement between the subject 212,500 square foot industrial building and the 51,000 square foot office building. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content, and when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. 4. The use shall conform with the following: a. Operating hours shall be limited to between 9:00 AM and 6:00 PM, Saturdays and Sundays, federal holidays, and the week of Christmas. b. A maximum of 325 vendors shall be permitted to operate within the swap meet. c. Vendor loading shall not be permitted during the operation of the swap meet and shall be limited to the hours of 8:00 AM and 5:00 PM. un Page 16 - Council/Agency Minutes - 10/03/94 d. On -site security provisions shall be provided during the hours of operation of the swap meet. e. The provision of on -site parking shall be a minimum of 1,320 spaces, consisting of 47 compact spaces, 12 handicap spaces, 4 handicap van spaces and 1252 full size spaces. f. Employee and Vendor parking shall be designated on the eastern portion of the site. g. On -site parking shall be free of charge, and shall remain open and accessible for public use during the hours of operation of the swap meet or applicant will provide shuttle service if determined it is needed at the six month review. h. A loading area for public use shall be located on the eastern side of the building and shall remain accessible at all times during the hours of operation of the swap meet. i. A trash storage area shall be located adjacent to the east side of the building. j. All activities shall be conducted entirely within the building; no outdoor activities shall be permitted on the site. k. The sale of beer and wine shall be conducted in conjunction with food service booths located entirely within the building. No alcohol promotional sales shall be permitted. I. No automobile repairs or accessory installations shall be permitted.. m. The on -site 51,000 square foot office building shall remain unoccupied during the hours of operation of the swap meet. 5. Building Department requirements are as follows: a. The partition height of each booth comply with Uniform Building Code. b. At least four (4) exits shall be provided on three (3) exterior walls with proper separation. 6. Fire Department requirements are as follows: a. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. b. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards which provides Manual Pulls, Water flow, valve tamper and trouble detection, 24 hour supervision, and Audible Alarms. Shop drawings shall be submitted to and approved by the Fire Department prior to installation of the system. c. Automatic sprinkler systems shall be installed throughout the site to comply with Huntington Beach fire Department and Uniform Building Code Standards. ti_ Page 17 - Council/Agency Minutes - 10/03/94 d. Fire lanes shall be designated and posted to comply with City Specification NO. 415. e. Address numbers shall be installed to comply with City Specification NO. 428 and the number for the building shall be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. f. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. g. Low level exit signs shall be installed in the building. 7. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 8. Prior to issuance of a Certificate of Occupancy, the applicant/operator shall provide evidence of compliance, or assurance of compliance, with the applicant's letter dated December 1, 1993, relative to collection of sales tax. INDOOR SWAP MEETS 1. Every operator of an indoor swap meet shall pay a license which shall include indoor exhibitors in the amount of twelve thousand ($12,000) per month. a. Vending, amusement and other services provided for a fee that are outside the structure will be subject to regulations that are not covered by this license. b. License fees are payable monthly in advance. Fees not received by the tenth of the month are subject to a ten percent (10%) late fee per month. c. If the license fees are three months in arrears, the business license and permits will be revoked. d. Operator will guarantee the city a minimum of fifty-six thousand dollars ($56,000) annual revenue from sales tax from indoor swap meet sales at the approved location. e. Operator will provide an irrevocable letter of credit in the amount of fifty-six thousand dollars ($56,000) in an institution acceptable to the City Treasurer and in a form approved by the City Attorney. The amount of the letter of credit may be reduced by the City Treasurer if sales tax revenues indicates that is appropriate. 9. A review of the use shall be conducted within six (6) months of the swap meet operation to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Municipal and Ordinance Codes. If at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 94-10 shall become null and void. 91 Page 18 - Council/Agency Minutes - 10/03/94 10. This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 11. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94-10 if any violations of these conditions of the Huntington Beach Municipal or Ordinance Code occurs. 12. The sale of firearms is prohibited. 13. The property owner shall be responsible for removing graffiti from the subject property and the immediately adjacent properties to the satisfaction of the Department of Community Development and the Department of Public Works. Code Requirements 1. All applicable Public Works fees shall be paid. 2. Service roads and fire lands, as determined by the Fire Department, shall be posted and marked. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 4. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and Standards. 5. No sweeping or clean-up of the parking lot shall be permitted between 10:00 PM and 7:00 AM. 6. Any signs for the swap meet proposed on or visible from the exterior of the building shall be submitted for review and shall comply with the code standards. No outdoor vendor signs shall be permitted. 7. The use shall comply with the provisions of the ordinance amending Chapter 5.16 of the Huntington Beach Municipal Code, pertaining to Business License tax rates, upon its adoption. 92 Page 19 - Council/Agency Minutes-10/03194 (City Council) PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 94-1 - NEGATIVE DECLARATION NO. 94-7 - PROPERTY BOUNDED BY SIXTH STREET/PACIFIC COAST HIGHWAY/EIGHTH STREET AND FIRST PUBLIC ALLEY PARALLELING PACIFIC COAST HIGHWAY - APPROVED (440.50) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: General Plan Amendment No. 94-1, Negative Declaration No. 94-7 APPLICANT: City of Huntington Beach LOCATION: 602-720 Pacific Coast Highway ZONE: Downtown Specific Plan, District 2 (Residential) REQUEST: To amend the Land Use Element and Coastal Element of the City's General Plan which includes redesignating approximately 2.5 gross acres of property generally bounded by Sixth Street, Pacific Coast Highway, Eighth Street and the first public alley paralleling Pacific Coast Highway from Residential -High Density to Commercial -Visitor Serving and amend pertinent exhibits in the Coastal Element. ENVIRONMENTAL STATUS: The subject application is covered under Negative Declaration No. 94-7. COASTAL STATUS: The subject property is located within the appealable portion of the Coastal Zone. Final action of the redesignation will be required by the California Coastal Commission. The Planning Director presented a staff report. 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. 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 Winchell, seconded by Silva, to approve Negative Declaration No. 94-7, General Plan Amendment No. 94-1 and adopt Resolution No. 6637 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 94-1." The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES; None ABSENT: None 93 Page 20 - Council/Agency Minutes - 10/03/94 (City Council/Redevelopment Agency) PUBLIC HEARING - CONVEYANCE OF MAIN PROMENADE PARKING STRUCTURE FROM AGENCY TO CITY - MAIN -PIER REDEVELOPMENT PROJECT AREA - RESOLUTION NO. 6638 ADOPTED - AGENCY RESOLUTION NO. 260 ADOPTED (275.10) The Mayor announced that this was the day and hour set for a public hearing to consider the disposition of real property (Main Promenade parking garage) by the Agency to the City. Pursuant to Section 33433 of the California Health and Safety Code, a summary report of the financial impact of this disposition has been prepared and is available at the Office of the City Clerk. The City Clerk presented Resolution No. 6638 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CONVEYANCE OF REAL PROPERTY AND ACCEPTANCE OF THE GRANT DEED BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THE CITY OF HUNTINGTON BEACH FOR PROPERTY IN THE DOWNTOWN PARKING STRUCTURE." and Redevelopment Agency Resolution No. 260 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE CONVEYANCE OF REAL PROPERTY AND ACCEPTANCE OF THE GRANT DEED BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THE CITY OF HUNTINGTON BEACH FOR THE PROPERTY IN THE DOWNTOWN PARKING STRUCTURE." The Economic Development Director presented a staff report. 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. Mayor Moulton -Patterson declared the public hearing open. There being no one present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Winchell, seconded by Bauer, to adopt City Council Resolution No. 6638 and Redevelopment Agency Resolution No. 260. Councilmember Bauer asked what would be the time and estimated cost of an operational analysis of the Downtown Parking Structure and how to maximize the return on the parking downtown. The Community Services Director reported that an analysis was done by a consultant when the parking structure was built and that they have been following the operating principles. The City Administrator stated that a Request for Proposals could be prepared for an operational analysis of the parking operation and forecasts for the next two to four years. .a Page 21 - Council/Agency Minutes-10/03/94 The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan NOES; None ABSENT: Leipzig (out of room) (City Council) PUBLIC HEARING - VACATION OF KNOXVILLE AVENUE FROM ALABAMA STREET WESTERLY TO ITS TERMINUS AT RAILROAD RIGHT-OF-WAY - SEACLIFF DEVELOPMENT COMPANY - RESOLUTION NO. 6636 ADOPTED (800.50) The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution of Intent No. 6629, adopted September 6, 1994 to consider Seacliff Development Company, Incorporated request that the city vacate Knoxville Avenue, from Alabama Street westerly to its terminus at the railroad right-of-way. The City Clerk presented Resolution No. 6636 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF KNOXVILLE AVENUE WEST OF ALABAMA STREET." The Assistant City Administrator presented a staff report using slides. 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. 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 Winchell, seconded by Leipzig, to adopt Resolution No. 6636. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES; None ABSENT: None (City Council) PUBLIC HEARING - CONTINUED OPEN FROM AUGUST 15, 1994 - CODE AMENDMENT NO. 93-513 - CARTS/KIOSKS - OUTDOOR SALES AND DISPLAYS - INTRODUCTION OF ORDINANCE NO. 3248 - HUNTINGTON BEACH ORDINANCE CODE - DOWNTOWN SPECIFIC PLAN (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. 93-513 .95 Page 22 - Council/Agency Minutes - 10/03/94 APPLICANT: City of Huntington Beach LOCATION: City Wide REQUEST: To establish provisions in the Huntington Beach Ordinance Code and Downtown Specific Plan to permit and regulate carts and kiosks. ENVIRONMENTAL STATUS: Covered by Environmental Assessment No. 91-32 which will be reapproved by the City Council at their request. 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 and inclusion in the Proposed Zoning and Subdivision Ordinance and Downtown Specific Plan rewrite. 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. Mayor Moulton -Patterson declared the public hearing open. Kelly Ewing spoke in support of the of the proposed carts/kiosks ordinance and stated that it does offer business opportunities and ways to earn an income and could be regulated by the City Council. 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. The City Administrator stated that staff recommended continuance of Code Amendment No. 93- 5B to November 7, 1994. A motion was made by Winchell, seconded by Sullivan, to continue the open public hearing on Code Amendment No. 93-513 to the November 7, 1994 City Council meeting. The motion carried by unanimous vote. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Silva) Amendment No. 3 to Agreement with P & D Environmental Services for review of Bolsa Chica Plan Environmental Impact Report, and central library theater alterations; (Sullivan) demolition of surplus buildings including old pier buildings, old blue church, and 11th Street house, and Agreement with Employment Systems, Incorporated for ambulance operator and fire intern positions. a Page 23 - Council/Agency Minutes - 10/03/94 CONSENT CALENDAR - ITEMS APPROVED On motion by Leipzig, second Winchell, Council approved the following items as recommended by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVED AND ADOPTED - Approved and adopted minutes of the Council/Agency adjourned regular meetings of July 11, 1994 as written and on file in the Office of the City Clerk. (City Council) PLANS AND SPECIFICATIONS/CALL FOR BIDS - REPAIR, REPLACEMENT AND STREET IMPROVEMENTS - VARIOUS LOCATIONS - MSC-375 - APPROVED (600.50) - Approved the quantities and specifications and authorized the Acting Director of Public Works to solicit construction bids and approved the Sample Construction Contract subject to award of contract to lowest responsible bidder. (City Council) PUBLIC HEARING SCHEDULED NOVEMBER 17, 1994 - RESOLUTION OF INTENT NO. 6335 - VACATION OF PORTION OF CRYSTAL STREET - NORTH OF GARFIELD AVENUE - APPROVED (800.50) - Adopted Resolution No. 6335 - "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 CRYSTAL STREET NORTH OF GARFIELD AVENUE." 97 Page 24 - Council/Agency Minutes-10/03/94 (City Council/Redevelopment Agency) AMENDMENT OF OPERATIVE AGREEMENTS BETWEEN CITY AND REDEVELOPMENT AGENCY FOR 1993/94 - REDEVELOPMENT PROJECT AREAS: MAIN/PIER - TALBERT/BEACH - OAKVIEW - YORKTOWN/LAKE - HUNTINGTON CENTER - APPROVED (600.30) - (1) Approved and authorized Mayor/Chairperson and City Clerk/Clerk to execute Amendment No. 13 to Operative Agreement No. 2 between the city and the Huntington Beach Redevelopment Agency for the Implementation of the Main/Pier Project Area; (2) approved and authorized Mayor/Chairperson and City Clerk/Clerk to execute Amendment No. 13 to Operative Agreement No. 1 between the city and the Huntington Beach Redevelopment Agency for the Implementation of the Talbert/Beach Project Area; (3) approved and authorized Mayor/Chairperson and City Clerk/Clerk to execute Amendment No. 13 to Operative Agreement No. 3 between the city and the Huntington Beach Redevelopment Agency for the implementation of the Oakview Project Area; (4) approved and authorized Mayor/Chairperson and City Clerk/Clerk to execute Amendment No. 12 to Operative Agreement No. 4 between the city and the Huntington Beach Redevelopment Agency for the implementation of the Yorktown/Lake Project Area; and (5) approved and authorized Mayor/Chairperson and City Clerk/Clerk to execute Amendment No. 12 to Operative Agreement No. 5 between the city and the Huntington Beach Redevelopment Agency for the implementation of the Huntington Center Project Area; (The Redevelopment Agency incurs debt in order to receive tax increment revenue and is required to file an annual statement with the county by October 1, 1994.) (City Council) RHONE LANE TRAFFIC CONDITIONS UPDATE - RECOMMENDATION TO LEAVE STOP SIGNS IN PLACE - APPROVED (580.50) - Approved leaving the recently installed all -way stop signs in place. (City Council) FINANCE BOARD APPOINTMENT - DAN TRAXLER - APPROVED (110.20) - Ratified Councilmember Silva's appointment of Dan Traxler to the permanent position on the Finance Board to fill the vacancy created by the resignation of Dirk Voss. .- - (City Council) HISTORIC RESOURCES BOARD APPOINTMENTS - HARTGE - GOLDMAN - LEWIS - REAPPOINTMENT - CUNNINGHAM - BINSACK - APPROVED (110.20) - Approved the appointment of Bill Hartge, Henry Goldman and Mary Jane Lewis for terms to expire June 30, 1998 and the reappointment of Ed Cunningham and Elizabeth Binsack for terms to expire June 30, 1998 to the Historic Resources Board. (City Council) PLANS AND SPECIFICATIONS - CALL FOR BIDS - ENERGY EFFICIENCY PROGRAM - CIVIC CENTER - CENTRAL LIBRARY - APPROVED (600.80) - Approved the plans, specifications and authorized the Acting Director of Public Works to solicit bids for the construction of these improvements and approved the sample contract subject to award of contract to lowest responsible bidder, approximate cost $480,169. Page 25 - Council/Agency Minutes - 10/03/94 (City Council) SUPPLEMENTAL EXPENDITURES - PUBLIC WORKS PROJECTS - APPROVED (320.20) - Authorized the Chief of Administrative Services to reappropriate the balance of funds for approved supplemental expenditures for the following projects: Prince Park, CC-881, $1,000; Gibbs Park, CC-882, $8,710; Huntington Beach High School Skateboard Park, CC-886, $2,999; 17th Street Storm Drain, CC-845, $1,000; Warner Avenue Sewer Drain Relief, CC-897, $2,000; and Traffic Signals, CC-984, $5,000, Alley Improvements $45,000, Sewer Improvements $7,500, Water Improvements $7,500. (City Council) AMENDMENT NO. 1 TO AGREEMENT - PECK RESERVOIR RENOVATION - ADDITIONAL INSPECTION SERVICES - CMI ENGINEERING CONSULTANTS - CC-696 - APPROVED (600.10) - Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to the Agreement between the city and CMI Engineering Consultants for Construction Management of Peck Reservoir and Pumping Station, CC-696, and authorized the expenditure of an amount not -to -exceed $62,400 for these additional construction management and inspection services. (City Council) COMPACTED REFUSE RATES - RAINBOW DISPOSAL - APPROVED (600.45) - Approved the implementation of a rate schedule to be charged by Rainbow Disposal for compacted commercial refuse that would be equal to twice the rate for standard non -compacted commercial refuse. (Redevelopment Agency) AMENDMENT NO. 3 TO AGREEMENT - POPPIN AND SHIER - WATERFRONT HILTON CHAPTER 11 MATTER - APPROVED (600.30) - Approved and authorized the City Administrator to execute Amendment No. 3 to the Agreement between the Redevelopment Agency of the City of Huntington Beach and the Law Firm of Poppin and Shier in the sum not to exceed $10,000 for special bankruptcy counsel in connection with the Waterfront Hilton Chapter 11 matter. (City Council) DEMOLITION OF SURPLUS BUILDINGS - OLD PIER BUILDINGS/OLD BLUE CHURCH/11TH STREET HOUSE - CONTINUED TO OCTOBER 17, 1994 (320.45) The City Clerk presented a communication from the City Administrator dated October 3, 1994 regarding the demolition of surplus buildings. Discussion was held by Council and staff regarding A motion was made by Sullivan, seconded by Leipzig, to continue the demolition of surplus buildings to October 17, 1994. Mayor Moulton -Patterson stated that she would like to hear from the Historic Resources Board. Page 26 - Council/Agency Minutes - 10/03/94 The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) AMENDMENT NO. 3 TO AGREEMENT WITH P & D ENVIRONMENTAL SERVICES - REVIEW OF BOLSA CHICA PLAN ENVIRONMENTAL IMPACT REPORT - APPROVED (600.10) The City Clerk presented a communication form the City Administrator dated October 3, 1994 regarding appropriation of funds and amendment to the contract with P & D Environmental Services for review of the Bolsa Chica Plan Environmental Impact Report. Councilmember Silva spoke in opposition to the appropriation of $15,000 in fees to fight the Bolsa Chica Project and restoration of the wetlands. A motion was made by Leipzig, seconded by Winchell, to appropriate $15,000 from the General Fund for consultant services for review of the revised Bolsa Chica Environmental Impact Report and incidental expenses; approve and authorize the Mayor and City Clerk to execute the contract amendment with the firm of P & D Environmental Services for $8,045 for review and comment on the revised Bolsa Chica Environmental Impact Report. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None (City Council) CENTRAL LIBRARY THEATER ALTERATIONS - APPROVED (320.45) The City Clerk presented a communication from the City Administrator dated October 3, 1994 regarding the Central Library Theater alterations. Councilmember Silva stated that he would like the alterations to be paid for by those using the theater. The City Administrator stated that the alterations were needed for safety reasons. The Library Director stated that the city owns the facility and the Playhouse rents the facility and that the installation of railings and lighting would be considered permanent fixtures and needed for safety reasons. 100 Page 27 - Council/Agency Minutes-10/03/94 Motion to ask the Huntington Beach Playhouse Board to Pay Half of the Alterations - FAILED for Lack of a Second A motion was made by Silva that Council ask the Huntington Beach Playhouse Board to pay half of it and the city pay half of the alterations. The motion FAILED for lack of a second. A motion was made by Winchell, seconded by Sullivan, to approve the expenditure of $15,000 from the unappropriated General Fund balance to install railings and lighting within the Library Theater. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva ABSENT: None (City Council) AGREEMENT - EMPLOYMENT SYSTEMS INCORPORATED - AMBULANCE OPERATOR/FIRE INTERN POSITIONS - APPROVED (600.10) The City Clerk presented a communication from the City Administrator dated October 3, 1994 regarding a contract with Employment Systems, Incorporated for Ambulance Operator and Fire Intern. Councilmember Sullivan spoke in opposition to the eighteen (18) employees being made city employees. A motion was made by Leipzig, seconded by Winchell, to approve and authorize Mayor and City Clerk to execute the Agreement between the city and Employment Systems, Incorporated to supply personnel to the city to staff ambulance operator and fire intern positions in an amount not to exceed $520,000. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Leipzig NOES: Silva, Bauer, Sullivan ABSENT: None A motion was made by Sullivan, seconded by Moulton -Patterson, to give staff direction to (a) proceed with the way this program was set up with contract employees and (b) therefore not pursue hiring the ambulance drivers as city employees. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: None Page 28 - Council/Agency Minutes - 10/03/94 (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 - APPROVED (600.30) The City Clerk presented a communication from Agency Counsel 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 October 21, 1994. The City Attorney presented a staff report regarding insignificant changes and typographical errors in the Loan Participation Agreement and . Deputy City Clerk Johnson announced that the communication from the City Attorney is available to the public pursuant to the Brown Act. The City Attorney requested an addition to No. 2 that when you approve the attached Loan Participation Agreement, Attachment No. 3 and the errata changes contained in the City Clerk's handout. A motion was made by Leipzig, seconded by Sullivan, to: 1. Approve the sale of the Redevelopment Agency's interest in 501 Main Street (Town Square) to 501 Main, Incorporated, a California corporation in the amount of $820,000, with financing in the amount of $779,000 to be provided by the Redevelopment Agency and the Resolution Trust Corporation (RTC); and 2. Approve the Loan Participation Agreement ("LPA"), Attachment No. 3 to the Request for Council Action dated October 3, 1994 and the errata changes contained in the memo from the City Attorney dated October 3, 1994; and authorize and direct the Executive Director to execute; and 3. Approve a Deed in Full Reconveyance, conveying the Redevelopment Agency's two-thirds interest in the Town Square commercial portion to Charter Service Corporation and authorize and direct the Chairperson to execute and the Clerk to attest such deed; and 4. Authorize and direct the Executive Director to execute all appropriate escrow documents as needed to close escrow, so long as approved as to form by the Redevelopment Agency counsel; and 5. Authorize expenditure of up to $10,000 for fifty percent (50%) of closing costs, estimated at $7, 800. l0 2 Page 29 - Council/Agency Minutes - 10/03/94 The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: None (City Council) OPTIONS FOR 1995 FOURTH OF JULY CELEBRATION IN HUNTINGTON BEACH -APPROVED (960.30) The City Clerk presented a communication from Director of Community Services regarding the need for the City Council to determine the operational structure and amount of financial support for the city's annual Fourth of July activities. The Community Services Director presented a staff report. Extensive discussion was held by Council and staff regarding fundraising, keeping events that make money, manage parade more closely, keep entrepreneur language to raise money, and sizing the parade to fit the budget. Deborah Cope, Fourth of July Executive Board President, spoke regarding sponsors ready to come on board, board members working all year to raise money and requested a $45,000 reserve from the city for the parade to use as needed. The Assistant City Administrator reported that should the City Council wish to subsidize the amount under Option Three was $69,000 rather than $31,000. Bill Fowler, Fourth of July Board Liaison, reported regarding how management of the parade has changed with the addition of the country fair and month -long Million Dollar Shoot Out at Meadowlark. He stated that as fundraising events are added it becomes harder for the Board and staff to manage. A motion was made by Winchell, seconded by Sullivan, to direct the Fourth of July Executive Board to submit a realistic budget that would make the Parade and the Fireworks show self- supporting with the exception that the city will provide the required Police, Fire and Public Works (services) for the event. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: None (City Council) CITY COMMENT LETTER ON BOLSA CHICA DRAFT ENVIRONMENTAL IMPACT REPORT - APPROVED (440.60) The City Clerk presented a communication from the Director of Community Development regarding the final draft of the City's comment letter on the revised draft Environmental Impact Report on the Bolsa Chica Project. 103' Page 30 - Council/Agency Minutes-10103/94 A late communication was received and distributed to Council from the Community Development Director via the City Administrator dated September 30, 1994 regarding Final Draft of the City Comment Letter on the Revised Bolsa Chica Draft Environmental Impact Report. Steven Roseman, Irvin, Cohen and Jessup Law Office representative, reported regarding amendments to the city comment letter and stated that a draft of the letter dated September 30, 1994 was distributed to Council. The City Administrator reported that the Fiscal Impacts report was received this afternoon from the consultant firm hired to prepare same. Deputy City Clerk Johnson announced that the copies are available to the public pursuant to the Brown Act. A motion was made by Leipzig, seconded by Winchell, to approve the city's comment letter and direct staff to forward it to the County of Orange by October 6, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: Robitaille (City Council) PETITIONS FOR PARKING METERS IN RESIDENTIAL AREAS - WALNUT AVENUE FROM GOLDENWEST STREET TO TWENTY-SECOND AND THIRD STREET FROM OLIVE AND ORANGE AVENUES - APPROVED (320.45) The City Clerk presented a communication from the Director of Community Services regarding petitions received from two residential areas requesting installation of residential parking meters. A motion was made by Winchell, seconded by Leipzig, to' appropriate $18,600 from the General Fund Unappropriated Reserve into Account No. E-AA-CS-346-659-00 for the installation of parking meters in the residential zone on Walnut Avenue from Goldenwest to Twenty -Second Streets and on Third Street from Olive and Orange Avenues. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: None Motion For Meeting To Proceed Past 11:00 P.M. - Approved On motion by Sullivan, second Leipzig, Council proceeded past the 11:00 p.m. deadline in order to finish the agenda. The motion carried by unanimous vote. 104 Page 31 - Council/Agency Minutes - 10/03/94 (City Council) ORDINANCE NO. 3255 - INTRODUCTION APPROVED - REFUSE CODE CLARIFICATIONS (640.10) The City Clerk presented Ordinance No. 3255 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.20 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO REFUSE." A motion was made by Winchell, seconded by Sullivan, to approve introduction of Ordinance No. 3255. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: None (City Council) ORDINANCE NO. 3256 - INTRODUCTION APPROVED - BOARD AND COMMISSION SERVICE LIMITATION (640.10) The City Clerk presented Ordinance No. 3256 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.100, SECTION 2.100.060 PERTAINING TO SERVICE LIMITATIONS OF COMMISSIONERS AND BOARD MEMBERS." A motion was made by Winchell, seconded by Sullivan, to approve introduction of Ordinance No. 3256. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: None (City Council) ORDINANCE NO. 3257 - INTRODUCTION APPROVED - TIME LIMITS FOR VARIOUS PAINTED CURBS (640.10) The City Clerk presented Ordinance No. 3257 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.48 OF Thlj� �N,UNTINGTON BEACH MUNICIPAL CODE RELATING TO EFFECTIVE TIME PER!ODS' FOR166RB PARKING RESTRICTIONS." The ordinance allows parking enforcement on`:a 24-hoar'pe<day,basis. A motion was made by Leipzig, seconded by Moulton -Patterson; to;approv-aihtroduction of Ordinance No. 3257. The motion carried by the following roll cAllv<ite: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell :Sullivvan; Lei q ,' NOES: None ABSENT: None ". 105 Page 32 - Council/Agency Minutes - 10/03/94 Councilmember Absence Announced Councilmember Robitaille announced that he will be not be at the October 17, 1994 meeting as he will be out of state. Request to Form Public Works Commission Councilmember Sullivan would like a Council Committee formed to look into starting a Public Works Commission which would consist of a board of citizens to review public works projects. Councilmember Leipzig stated that he had prepared a Council item for the agenda for the next meeting which is similar to Councilmember Sullivan's request which would include a staff review and preparation of a status report regarding the Transportation Commission and its roles and responsibilities with the possibility of changing the title of the commission to reflect a broadened purview. Councilmember Sullivan stated that he would wait to review Councilmember Leipzig's proposal. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, October 17, 1994 at 5:00 p.m., in Room B-8, Civic Center, Huntington Beach, California. ATTEST: Deputy City Clerk/0e' puty Clerk Deputy Clerk of the Redevelopment Agency and the Deputy City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman '106 k