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HomeMy WebLinkAbout1994-11-07 (14)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, November 7, 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, Robitaille, Moulton -Patterson, Sullivan, Winchell (arrived 5:08 p.m.), Leipzig (arrived 5:10 p.m.), Silva (arrived 5:15 p.m.) ABSENT: None RECESS The Mayor called a recess of the City Council and Redevelopment Agency. CLOSED SESSION The Mayor called a recess of the City Council/Redevelopment Agency for the purpose of meeting in closed session of the City Council/Redevelopment Agency to consider the following closed session items: 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, Esquire of Liebert, Cassidy and Frierson regarding Labor Relations Matters - Marine Safety Officers Association (MSOA), Police Officers Association (POA), Police Management Association (PMA), Municipal Employees Association (MEA), Municipal Employees Organization (MEO), Huntington Beach Firem ens' Association (HBFA), Surf City Lifeguard Employee Association (SCLEA) and non -associated. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party - the title of the litigation is city v. Main - OC Superior Court Case No. 720162. (120.80) Closed Session - City Council pursuant to Government Code Section 54957 to consider personnel matters - status of Public Works Director selection. (120.80) 113`'7 Page 2 - Council/Agency Minutes - 11/07/94 RECONVENE The Mayor reconvened the meeting of the City Council and Redevelopment Agency in the Council Chamber. CITY COUNCIUREDEVELOPM ENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan, Winchell 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 1, Scoutmasters Gordon Hill and Dan Haig. PROCLAMATION OF "SCOUTING FOR FOOD WEEK" - NOVEMBER 12 - 19, 1994 Mayor Moulton -Patterson presented a proclamation to Boy Scout Troop 1 proclaiming the week of November 12 - 19, 1994 as "Scouting For Food Week" during which the Boy Scouts will be collecting canned food donations for distribution to needy people. PRESENTATION OF PLAQUE TO HOWARD ZELEFSKY, PLANNING DIRECTOR - HB ZONING AND ORDINANCE CODE Mayor Moulton -Patterson presented a Resolution of the City Council of the City of Huntington Beach expressing appreciation to Howard Zelefsky, Planning Director, Community Development Department, who was instrumental in managing an important long range planning revision to the City's Downtown Specific Plan. PRESENTATION OF PLAQUE TO HERB FAULAND, ASSOCIATE PLANNER - HB ZONING AND ORDINANCE CODE Mayor Moulton -Patterson presented a Resolution of the City Council of the City of Huntington Beach expressing appreciation to Herb Fauland, Associate Planner, Community Development Department, who was instrumental in accomplishing an important long range planning revision to the City's Downtown Specific Plan. MAYOR ENCOURAGED VOTE Mayor Moulton -Patterson encouraged everyone to vote in the election tomorrow. Page 3 - Council/Agency Minutes-11/07/94 (City Council/Redevelopment Agency) PUBLIC HEARING - HUNTINGTON CENTRAL PARK MASTER PLAN - YOUTH SPORTS COMPLEX - AGREEMENT BETWEEN CITY AND REDEVELOPMENT AGENCY - APPROVED (920.20) Mayor Moulton -Patterson announced that the agenda item regarding the Huntington Central Park Master Plan and Youth Sports Complex would be heard first as there were many children in the audience that are interested in this item. The Mayor announced that this was the day and hour set for a public hearing to solicit community input regarding youth sports facilities in the Huntington Central Park Master Plan. The proposed area is south of Talbert Avenue, east of Goldenwest Street, north of Ellis Avenue and west of Gothard Street. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The Community Services Director reported on the history of the Huntington Central Park Master Plan. Jim Engle, Deputy Director - Beach, Recreation and Development, presented a staff report using slides regarding the Central Park Master Plan, youth sports facilities, parking problems, and mitigation measures. Mayor Moulton -Patterson declared the public hearing open. The City Clerk announced the following communications received and distributed to Council from Alector Ramos in opposition to youth sports facilities, Mr. and Mrs. Jerry Jaso in support of youth sports facilities, Community Services Department entitled Huntington Central Park Master Plan Facts (undated), and communications in support of the Youth Sports Complex from Adam Caputo, Sean Moffett, Jared Dinsbach, David Dinsbach, Brandon Dinsbach and Chris Cirao all dated November 1, 1994. John Erskine, former Councilmember and Mayor, spoke in support of Chuck Beauregard and the Save Our Kids organization for their efforts to organize the youth sports groups. He stated that by his study, the city is three hundred acres short of the Government Code mandated amount of park space required by state law Section 66477. He spoke in support of the proposed youth sports facility. Tim Phelps, Save Our Kids representative, spoke in support of the proposed Huntington Central Park Sports Complex and stated that there is a need for two or three more sports complexes in the community. He spoke in support of creating youth recreational opportunities to reduce the invitation to crime. He stated that some facilities where the children play border on safety hazard - like conditions. He proposed that the city, school districts, private business, the community and the youth sports organizations work together and combine resources to develop the facilities. 139 Page 4 - Council/Agency Minutes-11/07/94 Chuck Beauregard, Save Our Kids President, spoke in support of the Huntington Central Park Sports Complex to include soccer field, baseball fields, football fields, softball fields, roller hockey, tennis basketball and volleyball courts, an aquatic facility, gymnasium, locker room, senior citizen area, meeting rooms and community services. He stated Parkview and Peterson Schools could provide playing fields. He stated that it is time the city make the youth one of its priorities. George Arnold spoke in support of the Huntington Central Park Sports Complex and stated that sports keep kids out of trouble. He stated that all of the Councilmembers have voted against a youth center in the city. Councilmember Silva stated that he had never voted again a youth sports activity or project. 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 Moulton -Patterson, to: Approve the Agreement between the city and the Redevelopment Agency of the City of Huntington Beach for the interim use of portions of Huntington Central Park for Youth Sports Facilities making an area within Huntington Central Park governed by the Driftwood Mobile Home Acquisition and Relocation Agreement available to the Redevelopment Agency if and when such area is needed to complete the terms and conditions of the acquisition and relocation agreement, and direct the Chair of the Agency and the Mayor to sign said agreement, and 2. Approve an amendment to the Huntington Central Park Master Plan to allow for a three-phase development of youth sports facilities_ located on the east side of Goldenwest Street between Ellis Avenue and the Central Library parking lot as shown on the plan as outlined in the Attachment to the Request for Council Action dated November 7, 1994; change the designation on the master plan from "medium intensity" to "high intensity" to accommodate the gymnasium and aquatic complex; and 3. Direct staff to work with the youth sports groups in designing the first phase of development, raising funds, gaining public support, and obtaining the necessary approvals. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None 140 Page 5 - Council/Agency Minutes - 11/07/94 PUBLIC COMMENTS The City Clerk announced the following communications received and distributed to Council from the Bolsa Chica Land Trust Board of Directors: Scott Runge, Flossie Horgan, Bob Williams, Juana Mueller, Connie Boardman, Nancy Donaven and Paul Horgan regarding the Council Comment Letter relative to the Bolsa Chica Draft Local Coastal Program; Sierra Club member Bruce Monroe, Marcia Hanscom and Delores Haber in support of Alternative No. 1: No development of the Bolsa Chica; the Community Development Director transmitting the city's response to the County of Orange Local Coastal Program for the Bolsa Chica; Councilmember Leipzig dated November 7, 1994 regarding the release of city employee income information and Steve Navaro, Steve Kato, and Gene Pica, Members of the Mobile Home Review Committee, dated November 7, 1994 regarding the mobile home park subletting ordinance, New Urban West, Incorporated dated October 26, 1994 regarding a flyer submitted by the Seacliff Coalition, Community Services Director regarding Main -Promenade Parking Fees and Operating Plan Comparison. Maureen Rivers, Cultural Task Force member, Huntington Beach Historic Resources Board member and Newland House Board of Trustees representative, requested Council support of an historic programs. She stated that historic projects should be viewed as equally important to recreational, art and library programs. She stated that a very poor job of preserving our past for our residents and visitor has been done. Richard Henderson spoke in opposition to the transfer of funds from the Park Acquisition and Development Fund to the Arts Center. He stated that the city's parks are deteriorating and that the Arts Center should be funded through private donations. Leon McKinney spoke in support of the release of city employee income information and in opposition to school districts selling surplus school sites with athletic fields to pay for operational expenses. He stated that he is a candidate for School Board and urged citizens to vote for School Board candidates that will work with the city to maintain athletic fields for the kids. Tom Liven -good, Amigos de Bolsa Chica representative, spoke in support of the approval of the Council Comment letter regarding the Bolsa Chica Draft Local Coastal Program. He stated that the Amigos support the Council submitting two alternatives (1) a biodiversity park and (2) a list of planning principles if development is approved. He stated that the city needs to be an equal partner with the county in determining land use and negotiating any development agreement. He asked Council to include in the Council Comment letter a provision for maintenance of the wetlands when restored and that the proposed tidal inlet be addressed. Jeanne Collins spoke regarding loss of the Dial -A -Ride Program for seniors. She stated that her grandmother had more public services in 1932 than we have now for seniors. She stated that she has seen Council throw money right and left while seniors are sitting with no way to get to the doctor or the grocery store. Jim Madden, Citizen's Bureau of Investigation (CBI) representative, spoke in support of the release of city employee income information. The City Administrator stated that his income is public information as part of his agreement with the city. t4l Page 6 - Council/Agency Minutes-11/07/94 Ed Kerins, Huntington Beach Tomorrow representative, spoke in support of the approval of the Council Comment letter regarding the Bolsa Chica Draft Local Coastal Program. He spoke in support of the acquisition of the Bolsa Chica for a biodiversity park or failing that, the Council Committee alternative number two. He urged Council not to accept a development agreement without the city's participation. He stated that the property was purchased by the owners on speculation that it could be rezoned from agricultural to residential. He urged Council to take all actions possible including litigation to preserve the entire Bolsa Chica for present and future generations. The City Attorney stated that the City Attorney, City Treasurer, and City Clerk income are set by City Council resolution and a matter of public record. Emil Jinx Varona spoke in opposition to the increase in parking ticket fines to thirty-two dollars ($32). He urged Council to reduce the parking ticket fine back to seventeen dollars ($17). Jim Bridges, Citizen's Bureau of Investigation Special Agent, spoke in opposition to the out of control spending of our city government and in opposition to city employee health, dental and optical benefits and wages. Bill Mello, Citizen's Bureau of Investigation Director, spoke in opposition to city employee benefits and wages. Teddi Alves spoke in support of the release of city employee income information. She expressed disappointment with the Board of Supervisor candidates. Wendy Mello stated that she is not related to Bill Mello and is not associated with the CBI. Ms. Mello spoke in opposition to a political flier placed on the cars in her neighborhood that is supported by the Citizens Bureau of Investigation and lists exaggerated salaries for city employees. She stated that she went to City Hall and requested salary information for city employees and was more than adequately supplied with information. She stated that it was too bad that the organizations endorsing this political flier are not made to disclose their individual names, occupations and salaries. She distributed copies of the political flier to Council. William Bernard, Huntington Beach Mobilehome Owners Association representative, spoke in support of the proposed sublease ordinance for individual mobile homes by the home owner within mobile home parks. He distributed a booklet to Council entitled Manufactured Housing Park Tenants: Shifting the Balance of Power. Ron Laramie, Huntington Beach Mobilehome Owners Association representative, spoke in support of the proposed sublease ordinance for mobile home owners. He stated that a number of foreclosures would not have happened if the owners had been allowed to sublease their mobile home. He stated that a copy of the sublease ordinance from the City of Capitola was distributed to Council. Sandra Cole, Huntington Beach Mobilehome Owners Association representative, spoke in support of the proposed sublease ordinance for mobile home owners. She read a portion of a lease for the Huntington -By -The -Sea mobile home park that does not allow mobile homes to be subleased by the mobile home owners. 12 Page 7 - Council/Agency Minutes-11/07/94 Eileen Murphy spoke in support of the preservation of the entire Bolsa Chica from development. She urged Council not to approve development on the mesa for the promise that the wetlands will be restored. Connie Boardman, Bolsa Chica Land Trust President, stated that she had submitted the comments made to the Bolsa Chica Sub -Committee last week that Councilmember Bauer recommended be sent to the Interior Secretary Babbitt. She asked what responsibility the city would have in the construction and maintenance of a twenty million dollar ($20,000,000) tidal inlet. She requested that the city include in the Council comment letter to the Local Coastal Program the city's willingness or not to be financially involved in this project. In response to Councilmember Sullivan's question, the Community Development Director reported regarding the extension of the review period for the Draft Local Coastal Program. Juana Mueller, Bolsa Chica Land Trust representative, spoke in support of alternative number one of the city's draft response to the Bolsa Chica Draft Local Coastal Program. She spoke in support of saving the mesas as well as the lowlands of the Bolsa Chica area as an addition to our quality of life, as a buffer to the wetlands, and an interactive ecology. She stated that the mesas and the lowlands have many historical and cultural treasures. Scott Runge spoke regarding the Area Traffic Improvement Program portion of the Bolsa Chica project and the Draft Local Coastal Program. He spoke regarding the proposed fair share funding for the widening of streets which would provide for shared funding from the developer, Measure M funds, gas tax revenue, cities that would benefit from the widening, and possibly other developers whose projects contributed to the congestion. He read from the Draft Local Coastal Program regarding the funding for improvements. Councilmember Winchell stated that the staff found those sections that Mr. Runge referred to and have pointed them out to the county in the Council comment letter. Robert Williams , Sierra Club Preserve Bolsa Chica Task Force representative, spoke in support of alternative number one of the city's draft response to the Bolsa Chica Draft Local Coastal Program. Jan Vandersloot, Bolsa Chica Land Trust Vice -President, spoke in support of the city's draft response to the Bolsa Chica Draft Local Coastal Program. He requested a change in the wording regarding the proposed tidal inlet as follows: "The inlet not have adverse impacts to the public health and safety." and regarding restoration "Restoration be accomplished through an adaptive management process". He spoke regarding safety concerns of neck and back injuries and accidents causing paraplegic injuries. He presented a communication to Council from the Department of Parks and Recreation dated February 18, 1994 with an attachment of a letter to him from Tierra Environmental Services dated October 28, 1994 regarding Muted Tidal Restoration of Bolsa Chica Wetland. Phil Mosbo, Cultural Master Plan Task Force Chair, spoke in support of the proposed Cultural Master Plan and stated that the Task Force members represented the arts community, Historic Resources Board, the library, educational organizations, City Council representatives and worked with a consultant on the document. 1:,4l Page 8 - Council/Agency Minutes - 11/07/94 Anna Friesen, Allied Arts Board Chair, spoke in support of the proposed Cultural Master Plan to guide the communities cultural resources, as tool for economic growth, and for the improvement of the quality of life for citizens. Martin Richelli spoke in support of filling the Council vacancy, in the event that a Council member is elected to the Board of Supervisors, with the fifth runner-up in the election. Harold Campbell spoke in support of the city's smoking ordinance and in opposition to Proposition 188. Norb Johnson spoke in support of rent control for mobile home parks and in opposition to rents charged by certain mobile home parks in the city. He distributed a communication to Council dated October 24, 1994 entitled Rent History - Huntington -by -the -Sea. Dennis Ashburn, downtown business owner, spoke in opposition to increased parking ticket fines and parking meter fees and stated that it is sending customers to other towns and is not good for business or the city in the long run. Paul Horgan, Bolsa Chica Land Trust representative, spoke in support of Alternative A of the Bolsa Chica Draft Local Coastal Program. Lillian Robles, Juanena elder, spoke in opposition to the Bolsa Chica being desecrated and her ancestors being dug up. She stated that there should be a better way to pick the monitors instead of the developers hiring them. Maria Francis, member of the Juanena Band of Mission Indians, stated that her people have not been informed about what has been happening at the Bolsa Chica. She stated that the Bolsa Chica site is a very sacred area and that the bones of her ancestors have been disturbed. She read from and distributed a resolution of the General Council of the Juaneno Band of Mission Indians dated October 8, 1994 calling for a new tribal council election. Flossie Horgan spoke regarding the election of Mayor Moulton -Patterson or Councilmember Silva to the Board of Supervisors tomorrow and stated that this community is depending on them to represent us and that the community has sent a message in support of preserving the entire seventeen hundred (1,700) acres of the Bolsa Chica for future generations George Arnold wished all the Board of Supervisor candidates and City Council candidates good luck in the election tomorrow. He spoke in opposition to the parking situation in the downtown area and to developers getting part of city streets. RECESS - RECONVENE The Mayor called a recess at 9:10 p.m. The meeting was reconvened at 9:25 p.m. t 4'�4' Page 9 - Council/Agency Minutes - 11/07/94 (City Council) PUBLIC HEARING - RECONSIDERATION OF OCTOBER 17, 1995 ACTION - REVISIONS TO CITY'S COMPREHENSIVE FEE SCHEDULE - MAIN PROMENADE PARKING STRUCTURE - RESOLUTION NO. 6648 - FEES - PARKING IN OFF-STREET MUNICIPAL PARKING FACILITIES - MAIN -PROMENADE PARKING FEES/OPERATING PLAN - PARKING STRUCTURE - ADOPTED AS AMENDED (340.20) The Mayor announced that this was the day and hour set for a public hearing to solicit community input regarding reconsideration of proposed fees at the Main Promenade Parking Structure in downtown Huntington Beach. The City Clerk presented Resolution No. 6648 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' FOR PARKING IN OFF-STREET MUNICIPAL PARKING FACILITIES (COMMUNITY SERVICES DEPARTMENT) (SUPPLEMENTAL FEE RESOLUTION NO. 52)." Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communication or written protests were received on the matter. The Community Services Director presented a staff report. Mayor Moulton -Patterson declared the public hearing open. The City Clerk announced a communication undated received and distributed to Council from the Community Services Director regarding the Main Promenade Parking Fees and Operating Plan Comparison. Steve Daniel, Downtown Business Association President and Rocky Mountain Chocolate Factory owner, spoke in support of the proposed parking plan for the downtown area. 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. The City Attorney reported regarding reconsideration of an agenda item. A motion was made by Sullivan, seconded by Moulton -Patterson, to move reconsideration of the parking structure fee system (approved on October 17, 1994). 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 Resolution No. 6648 as amended for the first one and a half (1 1/2) hours to be free under daily fee. Page 10 - Council/Agency Minutes - 11/07/94 Parking In Off -Street Municipal Parking Facilities Main Promenade Parking Structure: Daily fee: Validations to merchants: Validations to Edwards and Powerhouse: Monthly passes available Yearly passes available Yearly passes, seniors (62 years or older) $2 per day, Monday thru Friday $3 per day, weekends and holidays First 1 112 hours free $ 1 (3 hours) $ .25 (3 hours) $10 $50 $20 The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None SPECIAL MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY Chairman Moulton -Patterson called the special meeting of the Public Financing Authority of the City of Huntington Beach to order for the purpose of approving legal documents to authorize the purchase and sale of Redevelopment Agency Tax Allocation Bonds and approving other related documents and actions. HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY ROLL CALL PRESENT: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: Silva (out of room) The Secretary read the Call for Special Meeting Notice. CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY Linda Moulton -Patterson, Director Jim Silva, Director Ralph Bauer, Director Earle Robitaille, Director Grace Winchell, Director ,Victor Leipzig, Director Dave Sullivan, Director 146 Page 11 - Council/Agency Minutes - 11/07/94 You are hereby notified of a Special Meeting of the Huntington Beach Public Financing Authority Board of Directors of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 7 p.m. or as soon thereafter as possible on Monday, November 7, 1994, to approve legal documents to authorize the purchase and sale of Redevelopment Agency Tax Allocation Bonds and approving other related documents and actions, as follows: Huntington Beach Public Finance Authority: Approve Resolution No. 8 authorizing the purchase and sale of Redevelopment Agency Tax Allocation Bonds and other related documents and actions. Dated: November 3, 1994 HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY /s/ Linda Moulton -Patterson Chairman ATTEST: /s/ Connie Brockway Secretary I hereby certify that I received the above notice, "Call for Special Meeting of the Huntington Beach Public Financing Authority," prior to 7 p.m: Sunday, November 6, 1994. /s/ Linda Moulton -Patterson Director 1:4'7 { Page 12 - Council/Agency Minutes - 11/07/94 (City Council/Redevelopment Agency/Public Financing Authority) PUBLIC HEARING - APPROVAL OF $4.665 MILLION IN TAX ALLOCATION BONDS - AFFORDABLE HOUSING AGREEMENT - BERTRAM PARTNERS V - MORA KAI APARTMENTS ACQUISITION AND REHABILITATION - EAST OF BEACH BOULEVARD - NORTH OF GARFIELD AVENUE - COUNCIL RESOLUTION NOS. 6649 AND 6650 - AGENCY RESOLUTION NOS. 261 AND 262 - PUBLIC FINANCING AUTHORITY RESOLUTION NO. 8 - ADOPTED (330.30) and (600.30) The Mayor announced that this was the day and hour set for a public hearing to consider approval of the issuance by the Redevelopment Agency of the City of Huntington Beach of its tax allocation ($4,665,000) for the purpose of assisting in the financing of the acquisition and rehabilitation of a multifamily rental housing development located in the City of Huntington Beach and to consider approval of an affordable housing agreement between the Redevelopment Agency of the City of Huntington Beach and Bertram Partners V, a California limited partnership. The purpose of the affordable housing agreement is to assist in the acquisition and rehabilitation of affordable multifamily rental housing development located in the City of Huntington Beach, California. The project proposed to be acquired and rehabilitated is known as Mora Kai Apartments, and is located at 18881 Mora Kai Lane, (east of Beach Boulevard and north of Garfield Avenue), in the City of Huntington Beach. The developer and owner of the project will be Bertram Partners V, a California limited partnership. The manager of the project will be Barker Management or another entity selected by the owner. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communication or written protests were received on the matter. The Special Projects Director presented a staff report. Grag Brown, Development Specialist, presented a slide report regarding the proposed project. Daniel Ocelli, E. J. De La Rosa Company, City Bond Underwriter, presented a report using slides regarding the acquisition and rehabilitation of the proposed property for affordable housing. Discussion was held by Council and staff regarding the financing of the project and control of improvements made to the property. Kathy Head, Keyser -Marston and Associates, City Financial Advisor, responded to Councilmember Winchell's question regarding a comparison of the project and the Five -Points Senior Project. Discussion was held by Council and staff regarding recycling of the funds for future projects. Mayor Pro Tern Robitaille declared the public hearing open. The City Clerk announced the following communications received and distributed to Council from the City Administrator two charts regarding Low and Moderate Income Housing Fund Cash Flow Projects. 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 Pro Tem. 1�48� Page 13 - Council/Agency Minutes-11/07194 Further discussion was held by Council and staff regarding advantages and disadvantages of projects outside the redevelopment project areas. Kathy Head, Keyser -Marston representative, stated that six percent (6%) of all housing developed in a redevelopment project area must be very low and nine percent (9%) of all housing developed in a redevelopment project area must be low or moderate income housing. Wes Loren, Kelling, Northcross and Nobrega, City Bond Advisor, spoke regarding Assembly Bill 1290 and the city's responsibility to spend the low and moderate income housing revenue funds. Council Resolution No. 6649 Adopted - Issuance of Revenue Bonds - Multifamily Rental Housing Development A motion was made by Robitaille, seconded by Bauer, to adopt Council Resolution No. 6649 approving the issuance of Revenue Bonds by the Redevelopment Agency for the purpose of providing financing for a multifamily rental housing development to be owned by Bertram Partners V. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (out of room) Councilmember Winchell asked if Councilmember Silva was in the back as she would like to see his vote on this. The City Clerk was directed to re-record the vote. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Redevelopment Agency Resolution No. 216 Adopted - Multi -family Housing Revenue Bonds - Mora Kai - East of Beach - North of Garfield A motion was made by Leipzig, seconded by Moulton -Patterson, to adopt Redevelopment Agency Resolution No. 261, authorizing the issuance, sale and delivery of Multifamily Housing Revenue Bonds, authorizing the execution and delivery of an Indenture, Loan Agreement, Regulatory Agreement, Official Statement and Purchase Contract, and approving other documents and actions in connection therewith and approve an amendment to the current year budget by appropriating $200,000 from the housing et aside fund for the cost of the debt service on the bonds during fiscal year 1994-95. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None 149: Page 14 - Council/Agency Minutes - 11/07/94 Public Financing Authority Resolution No. 8 Adopted - Authorizes the Purchase and Sale of Redevelopment Agency Tax Allocation Bonds A motion was made by Winchell, seconded by Sullivan, to adopt Public Financing Authority Resolution No. 8, authorizing the purchase and sale of Redevelopment Agency Tax Allocation Bonds and approving other related documents and actions. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Redevelopment Agency Resolution No. 262 Adopted - Affordable Housing Agreement - Agency/Bertram Partners - Mora -Kai - East of Beach - North of Garfield A motion was made by Winchell, seconded by Sullivan, to adopt Agency Resolution No. 262 approving an affordable housing agreement between the Redevelopment Agency of the City of Huntington Beach and Bertram Partners, a California general partnership, calling for the annual pledge and expenditure of no more than $4,000,000 in housing set aside funds in exchange for forty-two units of affordable housing for households earning below 60% (21 units) and 50% (21 units) of Orange County median income, for a period of thirty years. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None City Council Resolution No. 6650 - Adopted - Affordable Housing Agreement - City/Bertram Partners - Mora -Kai - East of Beach - North of Garfield A motion was made by Winchell, seconded by Moulton -Patterson, to adopt Council Resolution No. 6650 approving an Affordable Housing Agreement between the city and Bertram Partners, a California general partnership, calling for the annual pledge and expenditure of no more than $400,000 in housing set aside funds in exchange for forty-two units of affordable housing for households earning below 60% (21) units of Orange County median income, for a period of thirty years. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY - ADJOURNMENT The Chairman adjourned the special meeting of the Huntington Beach Public Financing Authority. Page 15 - Council/Agency Minutes - 11/07/94 (City Council) PUBLIC HEARING - CODE AMENDMENT NO. 94-3 - BUILDING HEIGHT REQUIREMENTS - INTRODUCTION OF ORDINANCE NO. 3268 APPROVED (640.10) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 94-3 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: R1, Low Density Residential REQUEST: To amend the Low Density Residential Zoning District of the Huntington Beach Ordinance Code to require a public hearing by the Zoning Administrator for single family residences that are 30 feet to 35 feet in height. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Class 20 of City Council Resolution No. 4501 approved pursuant to the California Environmental Quality Act. COASTAL STATUS: Not applicable Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communication or written protests were received on the matter. The City Clerk presented Ordinance No. 3268 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 210.06 THEREOF RELATING TO PROPERTY DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES -HEIGHT REQUIREMENTS." The Community Development Director reported Scott Hess, Community Development Senior Planner, presented a staff report using slides 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 Leipzig, to approve Code Amendment No. 9473, with findings as listed below and after reading by title, approve introduction of Ordinance No. 3268. Page 16 - Council/Agency Minutes-11107/94 Findings for Approval - Code Amendment No. 94-3 1. The proposed code amendment to amend the Huntington Beach Zoning and Subdivision Ordinance will allow public hearings for compatibility concerns to be addressed for residences over 30, and to 35 feet in height. Presently, additions and new construction of two (2) story single family residences zoned, Low Density Residential, may be constructed up to 35 feet in height without benefit of the public hearing process. This code amendment will permit all two (2) story residences up to and including 30 feet in height to be built, or added to, by administrative approval; (no public hearing); and will require a conditional use permit (with public hearing) for residences over 30' and up to 35 feet in height. 2. The proposed code amendment to amend the Huntington Beach Zoning and Subdivision Ordinance is consistent with the Low Density Residential designation in the Land Use Element of the General Plan. The code amendment does not change the allowable density for the designation and it does not change the maximum allowable height for single family residence structures in the Low Density Residential zone. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) D-5. (City Council) PUBLIC HEARING - INTRODUCTION APPROVED ORDINANCE NOS. 3259, 3260 AND 3261 - AMENDING HBMC SECTION 17.04.090 RELATING TO UNIFORM BUILDING CODE - GRADING/EXCAVATION -STOCKPILES (640.10) The Mayor announced that this was the day and hour set for a public hearing to consider Ordinance Nos. 3259, 3260 and 3261 which amend Section 17.04.090 of the Huntington Beach Municipal Code, pertaining to amendments to Appendices of the Uniform Building Code, to - include Chapter 70 of the Uniform Building Code as an excluded chapter. Section 17.04.090 of the Huntington Beach Municipal Code is proposed to be amended to read as follows: "17.04.090 Amendments to appendices. The Uniform Building Code is hereby amended by deleting from the appendices Chapters 1, 12, 23, 38, 51, 53, 57 and 70." Environmental Status: This action is not a "project' subject to California Environmental Quality Act (CEQA) provisions. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communication or written protests were received on the matter. The City Clerk presented Ordinance Nos. 3259, 3260 and 3261 for Council adoption as follows: Ordinance No. 3259 - "AN ORDINANCE AMENDING ARTICLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.05 RELATING TO GRADING AND EXCAVATION." 15-2 Page 17 - Council/Agency Minutes-11/07/94 Ordinance No. 3260 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY DELETING SECTIONS 17.04.100 AND 17.04.110 PERTAINING TO STOCKPILES." Ordinance No. 3261 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 17.04.090 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE UNIFORM BUILDING CODE." Steve May, Public Works Principle Engineer, presented a staff report using slides regarding how the proposed ordinance was developed and a comparison of the existing and proposed grading ordinances. 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 Leipzig, seconded by Winchell, to adopt, after reading by title, Ordinance Nos. 3259, 3260 and 3261. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) (City Council) PUBLIC HEARING - VACATION OF PORTION OF CRYSTAL STREET NORTH OF GARFIELD - RESOLUTION NO. 6647 - CONTINUED OPEN TO NOVEMBER 21, 1994 (800.50) The Mayor announced that this was the day and hour set for a public hearing to consider pursuant to Resolution of Intent No. 6635, adopted October 3, 1994 to consider the vacation of a portion of Crystal Street north of Garfield Avenue. A motion was made by Winchell, seconded by Leipzig, to continue the public hearing open to November 21, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) (City Council) PUBLIC HEARING - CONTINUED OPEN FROM AUGUST 15 1994 - CODE AMENDMENT NO. 93-513 - CARTS AND KIOSKS - OUTDOOR SALES AND DISPLAYS - INTRODUCTION OF ORDINANCE NO. 3248 - HUNTINGTON BEACH ORDINANCE CODE - DOWNTOWN SPECIFIC PLAN -CONTINUED OPEN TO NOVEMBER 21 1994 (640.10) The Mayor announced that this was the day and hour set for the continuance of a public hearing to consider the following: 1`53" Page 18 - Council/Agency Minutes-11/07194 APPLICATION NUMBER: Code Amendment No. 93-513 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. A motion was made by Winchell, seconded by Sullivan, to continue the public hearing open regarding Code Amendment No. 93-56 to November 21, 994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) (City Council/Redevelopment Agency) PUBLIC HEARING - THIRD AMENDMENT TO OWNER PARTICIPATION AGREEMENT - ABDELMUTI DEVELOPMENT COMPANY - PACIFIC COAST HIGHWAY AND MAIN STREET - MAIN -PIER REDEVELOPMENT PROJECT AREA - CONTINUED OPEN TO NOVEMBER 21, 1994 (600.30) The Mayor announced that this was the day and hour set for a public hearing to consider on the Third Amendment to the Owner Participation Agreement by and between the Redevelopment Agency of the City of Huntington Beach and Abdelmuti Development Company. A motion was made by Sullivan, seconded by Leipzig, to continue the public hearing open regarding the Third Amendment to the Owner Participation Agreement with Abdelmuti Development Company to November 21, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) Page 19 - Council/Agency Minutes - 11/07/94 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 corrected pages three, eleven and fourteen of the minutes of the regular meeting held August 1, 1994. (City Council) REAL ESTATE PURCHASE CONTRACT AND AGREEMENT FOR ESCROW - PROPERTY ACQUISITION - FIRE STATION SITE - GRAHAM AVENUE AND PRODUCTION DRIVE -SOUTHERN CALIFORNIA EDISON COMPANY -APPROVED (600.10) -Approved the proposed Real Estate Purchase Contract and Agreement for Escrow for the purchase and sale of the parcel of land located on the corner of Graham Avenue and Production Drive at a purchase price of $276,000, plus escrow and other related costs, at a total cost not to exceed $290,000 and authorized the Mayor and City Clerk to execute and process necessary documents. (City Council) ACQUISITION OF PROPERTY - RELOCATION OF TENANTS - DEMOLITION OF STRUCTURE - YORKTOWN STREET WIDENING PROJECT - DELAWARE STREET TO BEACH BOULEVARD - CC-884 - APPROVED (650.20) - Authorized the Director of Real Estate Services to acquire for the city the property at 620 Yorktown Avenue, relocate tenants, and demolish the structure including removal and disposal of any asbestos, for a total amount not to exceed $250,000; authorized the City Clerk to accept the deed on behalf of the city; authorized the Public Works Director, to advertise the demolition of the residence at 620 Yorktown Avenue and solicit bids for the work in anticipation of the Yorktown Street Widening Project from Delaware Street to Beach Boulevard, CC-884. sty Council) MOBILE HOME SURVEY - REQUEST FOR PROPOSAL - APPROVED (430.60) - Approved the Request for Proposal and authorized distribution to qualified consultants to conduct a mobile home survey. Prepared by the Director of Special Projects. (City Council) APPROVAL OF FINANCE BOARD RECOMMENDATIONS AND PREPARATION OF IMPLEMENTATION PLAN -APPROVED (110.10) -Approved the four recommendations of the finance board as outlined in page two of the Finance Board report dated October 13, 1994 which is attached to the Request for Council Action dated November 7, 1994 covering the following subjects: Process Improvement Program, Performance Based Budgeting, Infrastructure Replacement Fund, Long Term/Strategic Budget Planning and directed the City Administrator to prepare an implementation plan, including estimated costs for future consideration by the City Council. .1'55. Page 20 - Council/Agency Minutes - 11/07/94 (Redevelopment Agency) MAIN -PIER REDEVELOPMENT PROJECT AREA - APPROVAL OF LEASE BETWEEN MENICHIELLO AND ABDELMUTI DEVELOPMENT COMPANY - OFFICE SPACE IN OCEANVIEW PROMENADE - MAIN -PIER REDEVELOPMENT PROJECT AREA - S€AP--OAST EET..P-UBL-IG-RIG4i-T-OF=HI"- APPROVED (600.30) - Approved the lease between Martin Menichiello and Abdelmuti Development Company as summarized in the Basic Lease Provisions, Attachment No. 1 to the Request for Council Action dated November 7, 1994; (this approval is as to the fact of the lease only) and authorized encumbrances of sufficient funds to meet Agency contractual obligations over the term of the Martin Menichiello Lease. COUNCILMEMBER SULLIVAN VOTED NO. (City Council) APPOINTMENTS TO DESIGN REVIEW BOARD - RIOS, HIGGINS AND SOMMERS - APPROVED (110.20) - Appointed Jodi Rios as a Design Review Board member to a first term which will expire on December 31, 1998, appointed Frank Higgins as a Design Review Board member to a second term which will expire on December 31, 1996 and appointed Jon Sommers as an alternate Design Review Board member until December 31, 1998. (City Council) LANDSCAPE LICENSE AGREEMENT - TRACT 14647 - SEACLIFF PARTNERS - SEAPOINT STREET PUBLIC RIGHT-OF-WAY - APPROVED (600.10) - Approved and authorized execution of the License Agreement between the city and Seacliff Partners to provide landscaping and other improvements in the public right-of-way on Seapoint Street. (City Council) APPOINTMENT TO BOARD OF APPEALS - D'AMBRA, CORREIA AND HARTFELDER - APPROVED (110.20) - Appointments of Dennis D'Ambra, William Correia and Don Hartfelder to first terms on the Board of Appeals which will expire June 30, 1998. (City Council/Redevelopment Agency) CORRECTION TO DECEMBER 5, 1983 COUNCIUAGENCY MINUTES - APPROVED (120.65) - Approved correction to the minutes of the regular City Council meeting held December 5, 1983 regarding the item pertaining to Circulation Element Amendment No. 83-1 Area of Concern 4 to read as follows: "A motion was made by MacAllister, seconded by Finley, to delete Indianapolis as a secondary street." (City Council) NEW EXHIBIT A FOR RESOLUTION REGARDING MATCHING FUNDS ORANGE COUNTY COMBINED TRANSPORTATION (OCCT) FUNDING PROGRAM FOR FY 1995/96 AND 1996/97 - APPROVED (800.45) - Approved the new Exhibit "A" for the request for matching funds from the Orange County Combined Transportation Funding Program for the repair, rehabilitation, and widening of arterial streets for the 1995/96 and 1996/97 Fiscal Year. (City Council) CALL FOR BIDS - MODIFICATION OF THREE TRAFFIC SIGNALS - EDINGER/EDWARDS - BROOKHURST/HAMILTON - EDINGER/SHER - CC-879 - APPROVED (600.55) - Authorized the Public Works Director to proceed with the solicitation of bids to modify the three traffic signals and approve an amendment to the current year budget by re - appropriating $165,000. Page 21 - Council/Agency Minutes-11/07/94 (City Council) FOURTH OF JULY BOARD APPOINTMENTS - MACALLISTER, OUELLETTE, SLAVIN, SKAGGS, ANTHONY, ANELLO, LEMONDS AND CROSS - REAPPOINT HILL, JULIEN, PEDERSEN AND STIER - APPROVED (110.20) - Appointed Don MacAllister to the vacancy created by Debbie Cope's resignation to a term expiring August 31, 1998; appointed Harriet Ouellette to fill the remainder of Stephen Craig's term to expire August 31, 1995; appointed Katie Slavin to fill the remainder of Diana McCarter's term to expire August 31, 1995; appointed Lloyd Skaqqs to fill the remainder of Joan Munoz's term to expire August 31, 1995; appointed Karen Anthony to fill the remainder of Cindy Valek-Olson's term to expire August 31, 1995; appointed Julie Anello to fill the remainder of Randy Vyduna's term to expire August 31, 1995; appointed Robin Lemonds replacing Norma White to a term expiring August 31, 1998; and appointed George Cross to the remainder of Marilyn Thorp's term to expire August 31, 1995. Also, reappointed Austin Hill, Pam Julien, Karen Pedersen, and Pat Stier to the Fourth of July Board for the terms September, 1994 to August, 1998. (City Council) TABLE AMENDMENT NO. 2 TO AGREEMENT - COUNTY HARBORS, BEACHES AND PARKS DISTRICT - LIFEGUARD SUBSIDY - APPROVAL OF LETTER TO COUNTY BOARD OF SUPERVISORS REQUESTING RECONSIDERATION OF PROPOSED DISCONTINUANCE OF LIFEGUARD SUBSIDY - APPROVED (600.25) - Approved Table Amendment No. 2 to Agreement No. D87-316 with the County Harbors, Beaches and Parks District for lifeguard subsidy and transmittal of a letter to the County Board of Supervisors requesting reconsideration of the proposed discontinuance of the lifeguard subsidy. (City Council) RESOLUTION NO. 6644 - AUTHORIZING HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY STATE GRANT APPLICATION - ADOPTED (340.80) - Adopted Resolution No. 6644 - "A RESOLUTION AUTHORIZING HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT APPLICATION." (City Council) PARCEL MAP NO. 94-127 - 19731/19721/19711 ISLAND BAY LANE - SEACLIFF - APPROVED (420.70) - Approved Parcel Map No. 94-127 with a finding that the Parcel Map is in substantial compliance with the tentative map previously approved by the Zoning Administrator on May 13, 1994 and instructed the City Clerk to affix her signature to the map, and to release the map to the County for processing. (City Council) PLANS AND SPECIFICATIONS - CALL FOR BIDS - BLUFFTOP PARK PHASE VI IMPROVEMENT PROJECT CC-801 - APPROVED (600.65) - Approved the plans and specifications and authorized the Public Works Director to solicit bids for the Blufftop Park Phase VI Improvement Project, CC-801 and approved the attached sample construction contract, subject to award of contract to the Council approved lowest responsive bidder. Councilmember Winchell thanked staff for securing funding from three different sources outside the city for this project. 15:7�: Page 22 - Council/Agency Minutes - 11/07/94 Discussion Held Regarding City Enforcement of Contractual Obligations Councilmember Bauer asked if there was any recourse with the landscape company when the plants do not grow. The City Engineer responded that there normally on a landscape project there is a sixty to one hundred twenty day maintenance period and a one year warranty on plants and stated that it has been over a year since completion of Blufftop Phase V. Councilmember Bauer recommended that the city write contractual obligations that benefit the city and see that the conditions of the contract are enforced. Council) SEISMIC RETROFITTING OF FOUR BRIDGES WITHIN THE Cl GILBERT DRIVE, AND ADMIRALTY D RESOLUTION NO. 6645 - ADOPTED (600.20) - Adopted Resolution No. 6645 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUPPLEMENT NO. 039 TO AGREEMENT NO. 12-5181 FOR THE SEISMIC RETROFIT OF HUMBOLT DRIVE, DAVENPORT DRIVE, GILBERT DRIVE, ADMIRALTY DRIVE BRIDGES." (City Council) APPOINTMENT OF TRANSPORTATION COMMISSIONERS - JOHNSON AND STRATTON - APPROVED (110.20) - Appointed Davey Johnson to fill the remainder of Transportation Commissioner Lo Verde's term which expires June 30, 1995 and appointed Hal Stratton to fill the remainder of Transportation Commissioner Sisker's term which expires June 30, 1995. (City Council) SIDE LETTER TO POLICE OFFICERS ASSOCIATION - MEMORANDUM OF UNDERSTANDING - AERO BUREAU TRAINING - APPROVED (720.20) - Approved the Side Letter to the Police Officers Association (POA) Memorandum of Understanding dated September 28, 1994 to amend the existing POA Memorandum of Understanding. (City Council) PRINTING NEW ZONING AND SUBDIVISION CODE - APPROVED (320.45) - Appropriated up to $4,000 from the Unappropriated General Fund Reserve into Account No. E- AA-CK-140-4-07-00 for a one-time expenditure to print the new Zoning and Subdivision Code. (Approved by Council on October 24, 1994. Resubmitted as approval occurred at Special Meeting and expenditure of funds may occur only at a regular meeting:) (City Council) AMENDMENT NO. 3 TO AGREEMENT WITH CASH AND ASSOCIATES INCORPORATED - RESERVOIR HILL BOOSTER STATION AND OVERMYER PUMP STATION COMPLEX -ADDITIONAL CONSTRUCTION SUPPORT - CC-534 -APPROVED (600.10) - Approved and authorized execution of Amendment No. 3 to the Agreement between the city and Cash and Associates Engineers, Incorporated for the Reservoir Hill and Overmyer Pump Station Complex and authorized the expenditure of an amount not -to -exceed $15,000 for the additional construction support services necessary to complete the job. Page 23 - Council/Agency Minutes - 11/07/94 (City Council) AGREEMENT - MUNICIPAL FINANCIAL SERVICES - TRANSIENT OCCUPANCY TAX AUDITS - APPROVED (600.10) - Approved and authorized execution of the Professional Services Contract between the city and Municipal Financial Services for Transient Occupancy Tax Audit Services to conduct transient occupancy tax audits for the three year period ending September 30, 1994, maximum $60,000. (City Council) RUBY'S RESTAURANT - PLANS AND SPECIFICATIONS - CALL FOR BIDS - END OF PIER - RUBY'S RESTAURANT - CC-918 - APPROVED (600.80) - Approved the plans and specifications and authorized the Acting Public Works Director to solicit bids for the Ruby's Restaurant, CC-918; and approved the sample construction contract subject to award of contract to the Council approved lowest responsible bidder. (City Council) RESOLUTION NO. 6646 ADOPTED - LOCAL COASTAL PROGRAM AMENDMENT NO. 94-3 REGARDING CODE AMENDMENT NO. 92-5 - GENERAL PLAN AMENDMENT NO. 94-1 - NEGATIVE DECLARATION NO. 94-7 - REVISIONS TO DOWNTOWN SPECIFIC PLAN - VILLAGE CONCEPT - PUBLIC HEARING HELD OCTOBER 3. 1994 (420.85) - Adopted Resolution No. 6646 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF HUNTINGTON BEACH ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 94-3 AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION." (City Council) SWIMMING POOL REGULATIONS - AMENDMENT TO HBMC UNNECESSARY - RECEIVE AND FILE REQUEST FOR CODE AMENDMENT - APPROVED (640.10) - Received and filed the October 5, 1992 Request for City Council Action amending Chapter 17.46, Huntington Beach Municipal Code, since the existing code adequately addresses pool protection. (City Council) RECOVER TAXES - ORANGE COUNTY - GOLDEN WEST REFINING COMPANY - APPROVED (630.40) - Authorized the City Attorney to delegate the city's representation to the County Counsel in the action Golden West Refining Company v. County of Orange. (City Council) REVISED HUNTINGTON BEACH CULTURAL MASTER PLAN - APPROVED (920.20) The City Clerk presented a communication from the Director of Community Services transmitting the city's Cultural Master Plan for Council's consideration. Page 24 - Council/Agency Minutes - 11/07/94 A motion was made by Winchell, seconded by Leipzig, to approve the revised Cultural Master Plan as presented; direct staff to solicit applications for a Mayor's Blue Ribbon Committee to examine all potential funding mechanisms to support city-wide cultural programs and return to Council with recommended appointments; and direct staff to set up a joint meeting with the Library Board, Allied Arts Board, and Historic Resources Board to explore the organizational structure and administration of cultural services within the city. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council/Redevelopment Agency) AGREEMENT - BRUCE W. HULL AND ASSOCIATES - WATERFRONT PROJECT - APPRAISE LEASEHOLD INTEREST - ROBERT L. MAYER TRUST - APPROVED (600.30) The City Clerk presented a communication from Economic Development Director regarding negotiations for the revised Waterfront project and the market value of the remaining term of the lease between Robert L. Mayer and the Redevelopment Agency and the need for appraisal services of this leasehold interest. The Economic Development Director presented a staff report. A motion was made by Leipzig, seconded by Sullivan, to approve and authorize the Chairman and Clerk to execute the Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and Bruce W. Hull and Associates, Incorporated for "The Waterfront' Appraisal Services to appraise the leasehold interest held by Robert L. Mayer as trustee of the Robert L. Mayer Trust on all portions'of the Waterfront site excluding the Waterfront Hilton Beach Resort. The contract is not to exceed $20,000 and waive the usually required professional liability insurance. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) APPROVAL OF COUNCIL COMMENT LETTER - BOLSA CHICA DRAFT LOCAL COASTAL PROGRAM - APPROVED AS AMENDED (420.85) The City Clerk presented a communication from Director of Community Development transmitting the City's response to the County of Orange Local Coastal Program for the Bolsa Chica. 190 Page 25 - Council/Agency Minutes - 11/07/94 The City Clerk announced the following communications received and distributed to Council from the Bolsa Chica Land Trust Board of Directors: Scott Runge, Flossie Horgan, Bob Williams, Juana Mueller, Connie Boardman, Nancy Donaven and Paul Horgan regarding the Council Comment Letter relative to the Bolsa Chica Draft Local Coastal Program; Sierra Club member Bruce Monroe, Marcia Hanscom and Delores Haber in support of Alternative No. 1: No development (of the Bolsa Chica); and New Urban West, Incorporated dated October 26, 1994 regarding a flyer submitted by the Seacliff Coalition. The Community Development Director presented a staff report. Councilmember Leipzig amended the letter to Chairman Riley of the County Board of Supervisors dated November 14, 1994 as follows: Page One: To add "City's Preferred Alternative" at the bottom of paragraph one. Strike the last sentence of paragraph two "This Alternative would sunset at a mutually agreed upon time if it became apparent it was not viable."; Page Three, Section Eight: To add to end of paragraph "Mesa development should minimize impacts on wetlands." Page Three, Section Nine: To add to the end of paragraph "including a comprehensive maintenance and operations plan." Page Nine, Section Sixteen: To add a new Section Sixteen to read as follows: "Any new tidal inlet should have no impact to beaches, ocean recreation or public health and safety." Page Eleven, Paragraph Three and Four: Paragraph Three and Four appear to be out of place and requested staff review the placement of those paragraphs. Page Twelve, Paragraph Three and Four: Paragraph Three and Four seem to be redundant to other comments and do not appear to fit in this section. Councilmember Bauer requested that the final letter be reviewed by Councilmember Leipzig or any other Councilmember that wants to look at it. Councilmember Winchell amended the letter to Chairman Riley of the County Board of Supervisors dated November 14, 1994 as follows: Page One, Geology/Landform: To add "Avoids the building of structures in a high risk, seismic shaking, and liquefaction area." Page Two: To add a fiscal benefit which avoids the startup and annual costs to the city. Page 26 - Council/Agency Minutes - 11/07/94 Page Three, Section Ten: To add "Restoration should be accomplished through an adaptive management approach." Councilmember Sullivan amended the letter to Chairman Riley of the County Board of Supervisors dated November 14, 1994 as follows: Page Three, Section Nine: To change the word "should" to "must" and to make it Number Two of the Principles. Councilmember Winchell requested a Principle be added regarding seismic safety. The Planning Director stated that a Principle regarding seismic safety will be crafted by staff and submitted to Councilmember Leipzig for approval. The City Clerk requested clarification regarding the seismic safety Principle. A motion was made by Leipzig, seconded by Bauer, to direct staff to transmit to the County Board of Supervisors its comments as amended on the Bolsa Chica Local Coastal Program, and a letter regarding City participation in the Development Agreement negotiations. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None A motion was made by Bauer, seconded by Winchell, that the city, by means of a cover letter, forward the comments received this evening to the Secretary of the Interior as revealing of the commitment that some of the citizens of Huntington Beach have towards total restoration or preservation of the entire seventeen hundred (1,700) acres of the Bolsa Chica. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, NOES: Silva, Robitaille ABSENT: None ORDINANCES ADOPTED Winchell, Leipzig, Sullivan In response to Councilmember Winchell's question, the Planning Director reported regarding the commercial district setback lines being included in the text of the zoning code instead of on the district maps. A motion was made by Winchell, seconded by Leipzig, to after reading by titles, adopt the following ordinances. 1R6.2; Page 27 - Council/Agency Minutes-11/07/94 (City Council) ORDINANCE NO. 3258 - ZONE CHANGE NO. 94-2 - CHANGING NAMES OF VARIOUS ZONING DISTRICTS - DELETING COMMERCIAL DISTRICT SETBACK LINES FROM ARTERIAL HIGHWAYS AS SHOWN ON SECTION DISTRICT MAPS - ADOPTED (450.20) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY CHANGING THE NAMES OF VARIOUS ZONING DISTRICTS AND DELETING THE COMMERCIAL DISTRICT SETBACK LINES FROM ARTERIAL HIGHWAYS AS SHOWN ON SECTION DISTRICT MAPS (ZONE CHANGE NO. 94-2)." Introduction approved and public hearing held October 17, 1994. (City Council) ORDINANCE NO. 3262 - HUNTINGTON CENTER COMMERCIAL DISTRICT REDEVELOPMENT PLAN -ADOPTED (410.10) -"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE HUNTINGTON CENTER COMMERCIAL DISTRICT REDEVELOPMENT PLAN WITH RESPECT TO AREAS OF THE PROJECT AREA INCLUDED, ADDED, OR INCORPORATED INTO SAID REDEVELOPMENT PROJECT AREA PRIOR TO JANUARY 1, 1994." Introduction approved and public hearing held October 17, 1994. (City Council) ORDINANCE NO. 3263 - MAIN -PIER REDEVELOPMENT PLAN - ADOPTED (410.20) - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE MAIN -PIER REDEVELOPMENT PLAN WITH RESPECT TO AREAS OF THE PROJECT AREA INCLUDED, ADDED, OR INCORPORATED INTO SAID REDEVELOPMENT PROJECT AREA PRIOR TO JANUARY 1, 1994." Introduction approved and public hearing held October 17, 1994 (City Council) ORDINANCE NO. 3264 - OAKVIEW REDEVELOPMENT PLAN - ADOPTED (410.30) - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE OAKVIEW REDEVELOPMENT PLAN WITH RESPECT TO AREAS OF THE PROJECT AREA INCLUDED, ADDED, OR INCORPORATED INTO SAID REDEVELOPMENT PROJECT AREA PRIOR TO . JANUARY 1, 1994." Introduction approved and public hearing held October 17, 1994. (City Council) ORDINANCE NO. 3265 - TALBERT-BEACH REDEVELOPMENT PLAN - ADOPTED (410.40) - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE TALBERT-BEACH REDEVELOPMENT PLAN WITH RESPECT TO AREAS OF THE PROJECT AREA INCLUDED, ADDED, OR INCORPORATED INTO SAID REDEVELOPMENT PROJECT AREA PRIOR TO JANUARY 1, 1994." Introduction approved and public hearing held October 17, 1994. Page 28 - Council/Agency Minutes - 11/07/94 (City Council) ORDINANCE NO. 3266 - YORKTOWN- LAKE REDEVELOPMENT PLAN - ADOPTED (410.50) - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE YORKTOWN-LAKE REDEVELOPMENT PLAN WITH RESPECT TO AREAS OF THE PROJECT AREA INCLUDED, ADDED, OR INCORPORATED INTO SAID REDEVELOPMENT PROJECT AREA PRIOR TO JANUARY 1, 1994." Introduction approved and public hearing held October 17, 1994 The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (out of room), Moulton -Patterson (out of room) (City Council) MOBILE HOME REVIEW COMMITTEE - PROPOSED SUBLEASE ORDINANCE - CONTINUED TO NOVEMBER 21, 1994 (110.10) (A communication was received and distributed to Council from Steve Navaro, Steve Kato, and Gene Pica, Members of the Mobile Home Review Committee, dated November 7, 1994 regarding the mobile home park subletting ordinance.) (City Council/Redevelopment Agency) REWARD POLICY - CRIMINAL APPREHENSION - CONTINUED TO NOVEMBER 21, 1994 (120.10) (City Council) DISCLOSURE OF EMPLOYEE WAGES - CONTINUED TO NOVEMBER 21, 1994 (700.20) (A communication was received and distributed to Council from Mayor Leipzig dated November 7, 1994 regarding the Release of Employee Income Information.) 1.64 Page 29 - Council/Agency Minutes-11/07/94 ADJOURNMENT - CITY COUNCIUREDEVELOPM ENT AGENCY Mayor Moulton -Patterson adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, November 21, 1994 at 5:00 p.m., in the Council Chamber, Civic Center, Huntington Beach, California. ATTEST: City Clerk/Clerk .' Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California i � / ii %rrjul Mayor/Chairman 165