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HomeMy WebLinkAbout1995-04-03 (8)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, April 3, 1995 Mayor Pro Tempore Sullivan 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 COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Bauer, Sullivan, Dettloff, Green, Leipzig (arrived 5:15 p.m.) ABSENT: Garofalo RECESS The Mayor called a recess of the City Council and Redevelopment Agency. CLOSED SESSION The Mayor called a recess of the City Council and Redevelopment Agency for the purpose of considering the following Closed Session items: Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiator, Ron Hagan, regarding negotiations with WPL Industries concerning the lease of the property located at 340 Pacific Coast Highway, commonly known as Maxwell's by the Sea. (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 Peter Leiby v. City of Huntington Beach, et al Orange County Superior Court Case No. 693484. (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 of Huntington Beach v. McDonnell Douglas Corporation - U. S. District Court Case No. SACV 94 29 LHM (RWRX). (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 Orange County; U. S. Bankruptcy Court Case No. SA 94- 22272 JR administratively consolidated with Case No. SA-94-22273 JR. (120.80) 146 Page 2 - Council/Agency Minutes - 04/03/95 Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer regarding the following employee organizations: Marine Safety Officers Association (MSOA), Police Officers Association (POA), Police Management Association (PMA), Municipal Employees Association (MEA), Municipal Employees Organization (MEO), Huntington Beach Firemens' Association (HBFA), Surf City Lifeguard Employees Association (SCLEA). (120.80) RECONVENE The Mayor reconvened the meetings of the City Council and Redevelopment Agency in the Council Chamber at 6:30 p.m. A videotape recording of this meeting is on file in the Office of the City Clerk CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Mayor. PUBLIC COMMENTS AND LATE COMMUNICATIONS The City Clerk announced the following three late communications received and distributed to Council from: Mark Porter, Huntington Beach Tomorrow representative, all dated April 2, 1995 regarding the proposed Maxwell's Restaurant, proposed increase in taxicab rates in the city, and proposed ordinance for sublease of mobile homes; a communication from Surf City Foundation, dated March 30, 1995 in support of Event Banners; a communication from the Economic Development Department dated March 31, 1995 with revisions to mobile home ordinance; Economic Development Director's slide presentation (not dated) entitled Home Investment Partnership Program; Economic Development Department slide presentation dated March 31, 1995 entitled First Annual Affordable Housing Strategy, Acquisition -Rehabilitation and Construction; and pages ten and eleven omitted during the printing of the agenda item regarding the Affordable Housing Strategy; a communication from Centerstone Company dated April 3, 1995 entitled The Seabridge Collection regarding the public hearing; and Administrative Services Department Slide Report, dated April 3, 1995 regarding the Orange County Bankruptcy. The City Clerk stated that pursuant to the Brown Act copies were available at her desk and in the Office of the City Clerk tomorrow morning. 147 Page 3 - Council/Agency Minutes - 04/03/95 Bill Mello, Citizens Bureau of Investigation (CB1) Director, spoke in support of the mobile home sub -lease ordinance regarding seniors on a fixed budget and increasing costs. He spoke in opposition to city employee salaries and benefits. He suggested Council appoint an independent committee to study the problem and make recommendations. Jon Ely spoke regarding a nine million dollar ($9,000,000) settlement received from British Petroleum as a result of the 1990 Oil Spill, city reimbursement for direct costs, and benefits for environmental concerns. He spoke in opposition to three million dollars ($3,000,000) of the settlement being spent on a fish hatchery in Carlsbad and not on the Huntington Beach Wetlands Conservancy and the Bolsa Chica area. A communication dated April 3, 1995 regarding the British Petroleum settlement was distributed to Council. Mayor Leipzig, responded on behalf of the City Attorney's Office and acknowledged that there have been partial settlements of the American Oil Trader Oil suit. He stated that our suit continues against some of the other defendants which are even deeper pocket defendants than those that have already settled. He reported that the city has not benefited from the settlements so far, the suit is not over and that the city does expect to receive satisfactory settlement from the remaining suits which are in pursuit. He stated that the Huntington Beach Wetlands has received a $300,000 grant to construct its Wildlife Habitat Rehabilitation Center. The City Attorney reported regarding lawsuits that have been settled and stated that the city is pursuing a number of defendants and would have a settlement on the table shortly. Jim Bridges spoke regarding the Committees of Correspondence and in opposition to increased taxes. He presented slides entitled "Politics As Usual". He referred to a communication from the Committees of Correspondence dated April 2, 1995 regarding a public meeting to be held on Wednesday April 5, 1995. Ray Manion, Huntington Harbour Mobile Estates representative, spoke in support of the proposed loan agreement with the Huntington Harbour Mobile Estates Homeowner Association for an appraisal, engineering study, environmental study and income profile in preparation for resident acquisition of the mobile home park. Nancy Grace, American Massage Therapy representative, spoke in support of the proposed massage ordinance and future state licensing of massage therapist. Dean Albright spoke in support of saving the Long Beach Naval Shipyard. He distributed a communication to Council from the Southern California Committee to Save Our Shipyard. Councilmember Garofalo asked how many people who work at the shipyard live in the city, when the shipyard is scheduled to close and how effective did Mr. Albright believe his efforts had been so far? Mr. Albright responded that approximately ninety-five (95) employees live in the city and that if the closure was announced in July, 1995, it would be closed within two years. He stated that there is not strong enough legislation in our area to fight to keep the facility open and that it takes money. Page 4 - Council/Agency Minutes - 04/03/95 Marcia Hanscom spoke regarding Councilmember Garofalo's remarks two weeks ago and the law suits filed opposing the Environmental Impact Report by the Sierra Club, Bolsa Chica Land Trust, Gabrielino/Shoshone nation, the Huntington Beach Tomorrow organization, the City of Seal Beach and two School Districts. She spoke in support of the campaign to buy back the Bolsa Chica. She announced a Sierra Club and Huntington Beach Tomorrow special program to be presented at the Central Library on Saturday, April 8, 1995, at 7:00 p.m, to provide more information about the Koll Company and other groups. She presented a certificate of purchase of an honorary foot of the Bolsa Chica to Councilmember Garofalo and stated that the funding will go to the acquisition account (for purchase of the Balsa Chica). Vickie Talley, Mobile Home Education Trust representative, spoke regarding the Orange County Mobile Home on behalf of mobile home park owners in opposition to the proposed mobile home sub -lease ordinance Steve Gullage, Huntington Beach Mobilehome Owners Association President, spoke in support of the proposed mobile home sub -lease ordinance. He stated that the mobile home supporters who were intending to speak at the last City Council meeting did not speak because Mayor Leipzig told him before the meeting that further work was needed on the ordinance and that the Mayor intended to ask that the ordinance to be removed from the agenda. Mr. Gullage stated that after midnight, the Agenda Item was approved with two minor change. Ron Laramie, Mobilehome Review Committee representative, spoke in support of the proposed mobile home sub -lease ordinance and on behalf of the members of his mobile home park. William Bernard, Huntington Beach Mobilehome Owners Association representative, spoke in support of the proposed mobile home sub -lease ordinance and stated that the mobile home owners would be more particular about who they rent to than the park owners because of the investment they have in their homes. Al Caressa, Huntington Beach Mobilehome Owners Association representative, spoke in support of the proposed mobile home sub -lease ordinance and stated that the specific conditions under which sub -leasing would be allowed are in the event of the death of the homeowners, serious illness that requires long term medical care, and work transfers for a limited time. John Jankowski, Huntington Beach Mobilehome Owners Association representative, spoke in support of the proposed mobile home sub -lease ordinance. He distributed a communication to Council regarding inflated rental increases in mobile home spaces. Jim Barker, Huntington Beach Mobilehome Owners Association representative, spoke in support of the proposed mobile home sub -lease ordinance. He related a story regarding a mobile home owner and the problems associated with a long term illness. Don Caldwell, Huntington Beach Mobilehome Owners Association representative and Sierra Mobile Home Park Home Owners Association President, spoke in support of the proposed mobile home sub -lease ordinance. 149 Page 5 - CouncitlAgency Minutes - 04103195 Anita Coffin, mobile home park resident, spoke in support of the proposed mobile home sub- lease ordinance. She spoke regarding a lady who lives in the same mobile home park that became ill. She stated that the lady was in a nursing home, had tried for two years to sell her mobile home and unable to rent the unit. She requested Council approve the ordinance. Normal Brownell, Mobilehome Review Committee representative, spoke in support of the proposed mobile home sub -lease ordinance and stated that mobile home owners have had to fight to effect any change that will improve the status of mobile home owners. Sandra Cale, Huntington Beach Mobilehome Owners Association representative, spoke in support of the proposed mobile home sub -lease ordinance. She stated that the term mobile home" has been changed to "manufactured housing" because the home is only mobile until it is placed on a lot. She spoke in support of making the Mobile Home Review Committee a permanent board. Upon request by the audience, Councilmember Bauer announced the final score of the basketball game as 89 to 78 with the University of California Los Angeles the winner. Gerald Chapman, resident of Ellis(Goldenwest quarte{section, spoke in support of granting easements in the area if the developer has fulfilled all of the requirements and has given everything needed for the dedication of the new easements. He requested that the vacation of the easements on the old part and the new easements be recorded at the same time. Roy Richardson spoke in support of the appeal he filed two years ago with the Califomia Coastal Commission regarding the Coastal Development Permit on the Coultrup Project for lack of commercial space, inconsistencies with the Downtown Specific Plan, General Plan, Coastal Element, and Village Concept and visitor serving orientation. He stated that the City Administrator had requested the California Coastal Commission to change the hearing date from March, in San Diego to May, in Huntington Beach and then requested the hearing date to be changed to April, in northern California. He stated Councilmember Bauer had informed him it was due to a possible lawsuit. He spoke in opposition to the added expense of traveling and time away from work, etc, to attend the meeting in northern California. Richard Harlow spoke in support of the proposed main promenade banner for the main promenade parking structure. Mark Porter, Mobile Home Review Committee Chairman and Huntington Beach Tomorrow representative, spoke in support of the proposed mobile home resident park acquisition of Huntington Harbour Mobile Estates Homeowner Association and the mobile home sub -lease ordinance. He requested an amendment to Ordinance No. 3277 to delete or amend Section 17.38.020 E limiting the length of temporary rentals and to add a section that allows annual renewal with a continuing hardship. A communication was received and distributed to Council from Mr. Porter dated April 2, 1995 in support of the mobile home ordinance. Pat Davis, Council on Aging representative, spoke regarding the Angus Petroleum Trust money and stated that a third of a million dollars was to be paid to the city and designated for local parks. She asked where the trust money has gone. She spoke in support of the proposed taxi fare discount for seniors. 150 Page B - Council/Agency Minutes - 04/03/95 (City Council Staff Report Requested Regardina Angus Petroleum Trust Settlement Councilmember Garofalo asked the City Administrator to report on the Angus Petroleum Trust issue. The City Administrator stated that a staff report was being prepared on that subject and that he would respond to Council and Ms. Davis. Carrie Thomas, Huntington Beach Tomorrow and Country View Home Owners Association representative, spoke in support of the vacation of easements on Tract No. 14892 providing that dedication of the new easements is done in conjunction with the vacation. Mayor Announced Presence Of Fountain Valley Mayor At Meeting Mayor Leipzig announced the presence at the meeting of Mayor Guy Carrozzo of the City of Fountain Valley. (City Council ORDINANCE NO. 3277 - INTRODUCTION APPROVED - SUB -LEASE OF MOBILE HOMES (640.10) Councilmember Sullivan requested that the mobile home sub -lease ordinance be moved forward on the agenda and considered at this time. The City Clerk presented Ordinance No. 3277 for Council introduction after reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 17.38 THERETO REGARDING TEMPORARY RENTAL OF MOBILE HOMES." The following communications were received and distributed to Council from: the City Attorney's Office, an amended Page 2 for Ordinance No. 3277, Mark Porter, Huntington Beach Tomorrow representative, dated April 2, 1995 proposed ordinance for sublease of mobile homes, and a communication from the Economic Development Department dated March 31, 1995 with revisions to mobile home ordinance. Councilmember Green spoke regarding the language of the ordinance The Assistant City Administrator reported Dan Bruening, Housing Rehabilitation Manager, reported regarding special circumstances such as a job transfer out of the area. Discussion was held by Councilmember Green and the City Attorney regarding Section 17.38.010 D of the ordinance relating to the obligation of the sub -lessee to abide by the master lease. In response to Councilmember Dettloff's question, the City Attorney responded that the Constitution of the United States prohibits the city from impairing existing contracts. 151 Page 7 - CouncillAgency Minutes - 04/03/95 Councilmember Green stated that he would like Section 17.38.040 E of Ordinance No. 3277 amended to read as follows: "E. Such Temporary rentals authorized by this chapter may not exceed twelve (12) months in any two (2) year period subject to renewal because of continued hardship." Councilmember Garofalo requested a definition of temporary illness be added to the Ordinance. Mayor Leipzig stated his support for the ordinance and explained his concerns regarding the wording of the ordinance two weeks ago. A motion was made by Sullivan, seconded by Harman, to approve introduction of Ordinance No. 3277 with an amendment to Section E. as listed below: "E. Such Temporary rentals authorized by this chapter may not exceed twelve (12) months in any two (2) year period subject to renewal because of continued hardship." The City Clerk clarified the motion to include the revised Page 2 of Ordinance No. 3277 that was received and distributed to Council at the beginning of the meeting. The motion carried by unanimous vote. RECESS - RECONVENE The Mayor called a recess of the City Council at 8:45 p.m. The Council reconvened at 9:00 p.m. in the Council Chamber. (City Council) Status Report Regarding Orange County Bankruptcy Settlement Plan The City Administrator presented a status report using slides regarding the Orange County Bankruptcy Settlement Plan including the Settlement Agreement, Options A, B and C, Waiver of City Rights, Timing of Selection of Option and Schedule of City Council Actions. A communication was received and distributed to Council from the Administrative Services Department, the slide report, dated April 3, 1995 regarding the Orange County Bankruptcy. (City Council) PUBLIC HEARING - CONTINUED FROM APRIL 4, 1994 - APPEAL OF SPECIAL SIGN PERMIT NO. 93-13 BY FORMER COUNCILMEMBER EARLE ROBITAILLE - SUPERIOR ELECTRICAL ADVERTISING, INCORPORATED - BROOKHURST STREET AND ADAMS AVENUE - CONTINUED TO SEPTEMBER 18 1995 (420.35) The Mayor announced that this was the day and hour set for a public hearing to consider the following: 152 Page 8 - Council/Agency Minutes - 04/03/95 APPLICATION NUMBER: Special Sign Permit No. 93-13 APPLICANT: Superior Electrical Advertising, Incorporated LOCATION: NW corner of Brookhurst and Adams (Mervyn's Shopping Center) REQUEST: To permit an existing non -conforming 45 foot high, 624 square foot freestanding double pole sign to remain at the northwest corner of Brookhurst and Adams and to allow a 140 square foot sign face change identifying Cudini and Lucas Jewelers in lieu of a maximum 15 foot high, 70 square foot sign allowed by the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: This project is categorically exempt pursuant to Class 15, Section 15315 of the California Environmental Quality Act. The City Administrator reported that the Sign Review Committee is working on the sign regulations and requested that Special Sign Permit No. 93-13 be continued to September 18, 1995. A motion was made by Bauer, seconded by Dettloff, to continue the public hearing open on Special Sign Permit No. 93-13 to the City Council meeting of September 18, 1995. The motion carried by unanimous vote. Ci Council PUBLIC HEARING CONTINUED OPEN FROM MARCH 6 1995 - ADOPTED RESOLUTION NO. 6666 - INCREASES TAXICAB RATES IN CITY - REQUEST BY COAST YELLOW CAB COOPERATIVE, INCORPORATED -_APPROVED (940.60) The Mayor announced that this was the day and hour set for a public hearing to consider a request by Coast Yellow Cab Cooperative, Incorporated to increase taxicab rates in the city by adoption of Resolution No. 6666. The change in rates proposed are as follows: 1. One dollar ninety cents ($1.90) for the first one -sixth (116) mile. 2. Thirty cents ($.30) for each additional one -sixth (116) mile. 3. Twenty-two dollars ($22) per hour for waiting time and traffic delay. 4. No charge will be made for additional passengers, and five (5) passengers may ride for the price of one. 5. Pursuant to request for service, there shall be no charge for the first three minutes while waiting to pick up passengers. The City Clerk presented a staff report dated March 6, 1995 prepared by the Police Chief and a Memorandum dated March 27, 1995 from the Police Chief regarding two issues raised at the March 6, 1995 Council meeting relative to the requested taxi -cab fare increase. The first issue was discounted fares for senior citizens and the second was the establishment of a "Complaint of Service" process for citizens who experience problems with taxi companies. 153 Page 9 - Council/Agency Minutes - 04/03195 A communication was received and distributed to Council from Mark Porter, Huntington Beach Tomorrow President, dated April 2, 1995 in support of the request for discounted rates for seniors, disabled/handicapped persons, and students and the proposed service monitoring. The City Administrator stated that staff had requested a continuance to April 17, 1995 in order to meet with the taxi company and amend the resolution to contain discounted rates for seniors, disabled/handicapped persons, and students. A motion was made by Garofalo, seconded by Green, to continue the public hearing open to April 17, 1995 to allow staff time to amend the resolution setting taxicab rates to reflect Council's direction of March 6, 1995 to offer discounted fares for senior citizens, disabled/handicapped and students. The motion carried by unanimous vote. (City Council) PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 94-25 - COASTAL DEVELOPMENT PERMIT N . 94-10 - CONDITIONAL EXCEPTION NO. 94-33 -_NEGATIVE DECLARATION NO. 94-12 - MAXWELL'S BUILDING LOCATED SOUTH OF THE MUNICIPAL PIER AT MAIN STREET - APPROVED (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal. APPLICATION NUMBER: Conditional Use Permit No. 94-25 - Coastal Development Permit No. 94-10 - Conditional Exception No. 94-33 - Negative Declaration No. 94-12 APPLICANT: City of Huntington Beach, Department of Community Services LOCATION: 317 Pacific Coast Highway (south of the Municipal Pier at Main Street on the ocean side of Pacific Coast Highway.) REQUEST: To demolish the existing Maxwell's building and permit the construction of a new, 31,000 square foot, three (3) story restaurant with banquet facility. The existing building is 28 feet in height and the request includes maintaining that building height in lieu of a maximum 25 feet as specified in the Downtown Specific Plan. ENVIRONMENTAL STATUS: The initial environmental assessment was processed and completed in accordance with the California Environmental Quality Act and it was determined that the project would not have any significant environmental effect and, therefore, a negative declaration is warranted. COASTAL STATUS: The project is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 94-10 which has been filed in conjunction with the above request. 154 Page 10 - Council/Agency Minutes - 04/03/95 NOTICE IS HEREBY GIVEN that the Coastal Development hearing consists of a staff report, public hearing, City Council discussion and action. Under the provisions of the Huntington Beach Ordinance Code, the action taken by the City Council is final unless an appeal is filed to the Coastal Commission by the applicant or an aggrieved party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be submitted to the Coastal Commission office within ten (10) working days of the date of the Council's action. There is no fee for the appeal of a coastal development permit. An aggrieved person may file an appeal within ten (10) working days, pursuant to Section 30603 of the Public Resources Code, in writing to: California Coastal Commission, 245 W. Broadway, Suite 380, Long Beach, California 90801-1450 Attn: Theresa Henry, (310) 590-5071. The Coastal Commission review period will commence after the City appeal period has ended and no appeals have been filed. Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Coastal Commission review. Applicants are advised not to begin construction prior to that date. A communication was received and distributed to Council from Mark Porter, Huntington Beach Tomorrow President, dated April 2, 1995 regarding the proposed Maxwell's Restaurant. The Community Development Director presented a staff report. The Planning Director presented a staff report using slides regarding the height issue_ The Community Development Director announced that Gary Gorman, Planning Commission Chairman, was present to answer questions. The Mayor expressed appreciation to the Planning Commission Chairman for attending the meeting and being available to answer Council questions. Councilmember Sullivan, appellant, expressed his views regarding the City Council making the final decision on this important project. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. A communication dated April 2, 1995 in support of the appeal was received from Mark Porter, President, Huntington Beach Tomorrow. The Mayor declared the public hearing open. Bob Winchell, Huntington Beach Tomorrow representative, presented reasons for concerns and referred to the letter dated April 2, 1995 that had been presented to the City Council and announced earlier in the meeting by the City Clerk from Huntington Beach Tomorrow. Dianne Easterling, Huntington Beach Tomorrow representative, spoke continuing the statement from Huntington Beach Tomorrow in opposition to the proposed new Maxwell's building height. Mark Porter, President of Huntington Beach Tomorrow, spoke in support of the appeal. He stated that the city has not provided good access including ocean view access in the past. He stated the importance of having public access in perpetuity and to not have access only through the restaurant. He stated this guarantee is not in the findings or conditions. 155 Page 11 - Council/Agency Minutes - 04/03/95 Jill Hardy, Huntington Beach Tomorrow representative, spoke regarding potential beach encroachment and financial considerations and stated that a Measure C vote would be required for the proposed new Maxwell's building. Bob Biddle, Huntington Beach Tomorrow representative, spoke regarding water usage required by the proposed project. Jerri Hes rich, Environmental Board representative, informed Council that the Environmental Board would like additional information to evaluate the Negative Declaration. She stated that she would like to know the assigned time for demolition because of toxic material and that the Environmental Board did not receive the Errata information that staff referred to regarding demolition time and mitigation to beach access. She requested that in the future, Council direct staff to provide the Environmental Board with any pertinent information so that they may evaluate all aspects of the Negative Declaration. Debbie Cook stated that in her opinion, the project does need a Measure C vote. She stated that the increase in the square footage for the. restaurant will increase the parking required and will require a Measure C vote. Ms. Cook stated that older staff reports show a different square footage for the restaurant and parking requirements than the current proposal. She stated that proposed parking on property north of the Municipal Pier area needs to be resolved with the State; said lands were purchased by Land and Water Conservation funds. She gave reasons why not rebuilding Maxwell's would benefit the city including Abdelmuti's development and the vacant buildings. She stated that Council could always build another restaurant on the beach later if it is needed. Councilmember Sullivan request that Ms. Cook clarify further regarding the Measure C issue. Debbie Cook stated that the city would be taking away land that I dedicated for beach use and beach access use and applying that to a private commercial venture and that would trigger a measure C vote. If the restaurant is the exact same sign, it has been grandfathered in with the same parking that exists now but anything larger than that would require a Measure C vote. James Lane, downtown property owner, addressed Council in support of the demolition of Maxwell's if the building is not salvageable and is a danger, however he urged Council not to proceed with building right now. He stated that the new restaurant would be depending on alcohol sales which he did not believe was compatible with the location. Loretta Wolfe stated that if put to a Measure C vote the people would not vote for the rebuilding. 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 Dettloff, requested that Planning Commissioner Gary Gorman report on the Planning Commission's approval. Gary Gorman, Planning Commissioner, spoke in response and stated that the Measure C issue dirt not come up at the Planning Commission. 156 Page 12 - Council/Agency Minutes - 04/03/95 The Panning Director spoke regarding the variance for roof height due to the architectural design. Ron Hagan, Community Services Director spoke regarding lowering the entire building or taking two feet out of the center and stated that lowering the building would hurt the architectural features and downsizing could affect proposed revenue. He spoke regarding possible security problems with the third level deck and stated that the Design Review Board changed the entrance to be through the restaurant. Councilmember Dettloff asked the City Attorney if Measure C pertained. The City Attorney stated that she did not think Measure C applied. Councilmember Green spoke regarding the Planning Commission's staff report which stated that no one was present at the Planning commission meeting. He stated that the hearing was on the appeal and that the subject he was prepared to discuss was the height issue and nothing else. Councilmember Garofalo questioned financial information such as income stream. The Community Services Director reported. Councilmember Garofalo presented other questions. Considerable discussion was held. Councilmember Bauer stated that many questions should be referred to the Planning Commission. He stated that Measure C situation may want to be reviewed by the City Attorney and the financial aspects by Mr. Franz, Deputy City Administrator. The City Attorney replied that she had written 28 opinions on the matter. Discussion was held between Councilmember Harman and the Community Services Director regarding architectural interior guidelines. Councilmember Sullivan stated that he agreed with the City Attorney's opinion that if it does not exceed the footprint it is all right but if it does exceed it will need a Measure C vote. The Planning Director clarified that this matter does not automatically go to the Coastal Commission. Councilmember Sullivan presented further questions regarding parking. The Planning Director presented slides. Councilmember Sullivan stated that if beach land was being used it may require a Measure C vote. Councilmember Sullivan asked if the bluff would be cut into. 157 Page 13 - Council/Agency Minutes - 04/03/95 The Community Services Director stated that it would and indicated the area on a wall chart. The Community Services Director stated that an archaeologist would be on board. Councilmember Sullivan outlined on the wall map the area and questioned if the foot print exceeded and the Community Services Director responded that in some areas it was less than the present foot print and in some more but existing and proposed at Pacific Coast Highway level does not exceed foot print. Councilmember Sullivan stated that public access was a concern of the public as well as his. Mayor Leipzig stated that he believed this matter should be approved tonight and that he did not believe it should be referred back to the Planning Commission. Councilmember Dettloff stated that the City Attorney had informed Council that this is not a Measure C item; that if she should review it later and the opinion is changed then so be it. She stated that she believed some of the questions were valid and that it is not set in concrete and that questions of access can be resolved. Councilmember Green gave reasons why he supported the Planning Commission decision and that he believed it should not be referred back to the Planning Commission. Councilmember Garofalo stated that he agreed with Councilmember Dettloff and that he believed the project should be approved. Councilmember Sullivan stated that he believed the issue of Measure C must be looked at. A motion was made by Councilmember Green, seconded by Garofalo, that Council sustain the decision of the Planning Commission and staff, deny the appeal and uphold the Planning Commission's action by approving Mitigated Negative Declaration No. 94-12 , Attachment No. 3 to the Request for Council Action dated April 3, 1995, and approve Conditional Use Permit No. 94-25, Coastal Development Permit No. 94-10 and Conditional Exception No. 94-33 with findings and conditions of approval, Attachment No. 2 to Request for Council Action dated April 3, 1995 as follows: Findings For Approval - Conditional Use Permit No. 94-25 1. Conditional Use Permit No. 94-25 for the construction of a new 31,000 square foot, three (3) story restaurant and banquet facility will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The new restaurant building will operate will similar hours as the existing uses. In addition, the new building will not exceed the overall height of the existing building. b. Property and improvements in the vicinity of such use or building. With the conditions imposed, the new restaurant building will be provided with the necessary infrastructure and improvements, minimizing impacts of services to surrounding properties. i5� Page 14 - Council/Agency Minutes - 04/03/95 2. The proposed project is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Visitor Serving Commercial by providing beach related facilities for visitors, while maintaining pedestrian oriented access in and around the pier area. Findings For Approval - Coastal Development Permit No. 94-10 1. The request for a new 31,000 square foot, three (3) story restaurant and banquet facility conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan_ The proposed restaurant and banquet facility will not negatively impact public views or access_ The new restaurant building will provide additional visitor serving commercial uses in conjunction with the previously approved Pier Plaza improvement project. 2. Coastal Development Permit No. 94-10 is consistent with the CZ suffix zoning requirements, the Downtown Specific Plan, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property, with the exception of the requested height variance. The proposed restaurant building conforms with the Downtown Specific Plan, District 10, providing new pier -related commercial uses. 3. The proposed project will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. Improvements to public utilities will be provided to the new restaurant building. 4. The proposed improvements conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The new restaurant building will enhance commercial opportunities in conjunction with the pier related activities by providing a larger dining and banquet facility. Findings For Approval - Conditional Exception Variance No. 94-33 1. The granting of a Conditional Exception (Variance) No. 94-33 for a maximum 28 foot building height will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under the identical zone classification. In order to provide an architectural design compatible with commercial buildings across Pacific Coast Highway, it is necessary to exceed the maximum building height. 2. Because there are special circumstances or conditions applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The proposed building will remain in the same location as the existing restaurant building, and will maintain the same 28 foot height. 3. The granting of a Conditional Exception (Variance) No. 94-33 for a 28 foot building height is necessary in order to preserve the enjoyment of one or more substantial property rights. The variance will allow relief in development standards in order to provide a compatible design with commercial buildings across Pacific Coast Highway. 159 Page 45 - CouncilfAgency Minutes - 04103195 4. The granting of Conditional Exception (Variance) No. 94-33 will not be materially detrimental to the public health, safety and welfare, or injurious to the property in the same zone classification. The 28 foot building height will not reduce public views and access, but will increase access and view opportunities on the plaza, open patio areas and around the building. In addition, the new building will provide additional recreational opportunities in conjunction with the beach and pier uses. 5. The granting of Conditional Exception No. 94-33 for a 28 foot building height will not adversely affect the General Plan of the City of Huntington Beach. The proposed project is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Visitor Serving Commercial by providing visitor serving uses in and around the pier area, and improving visitor access to the beach. Conditions Of Approval - Conditional Use Permit No. 94-25 - Coastal Development Permit No. 94- 10 - Conditional Exception Variance No. 94-33 1. The site plan, floor plans, and elevations received and dated October 13, 1994 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicantlowner shall complete the following: a. The applicant shall receive final approval of building colors by the Design Review Board. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. The markings, indicating the size, model number and serial number shall be permanently affixed to the body of the backflow device and must remain visible after painting. c. if foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. The site plan shall include (or reference page) all conditional of approval imposed on the project printed verbatim. f. The applicant owner shall demonstrate how 35 additional parking spaces will be provided to offset the proposed floor area for the restaurant. The applicant may take the following options: 1. Revise plans depicting 35 additional spaces; 2. Joint use of parking; 3. Identify and guarantee use of parking spaces off -site; or 4. Reduce the size of the building or area of intensity of uses within the building. 160 Page 16 - Council/Agency Minutes - 04/03195 3. Prior to demolition, the applicant/owner shall complete the following: a. Historical documentation of the Maxwell's building shall be completed. The documentation shall include photographs and a written synopsis of the building's history. Copies of all documentation shall be submitted to the Department of Community Development for inclusion in the file. b. Excess soils shall be removed and disposed of at an approved location. 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9607 of the Huntington Beach Ordinance code. The set much be approved by both departments prior to issuance of building permits. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. The major identification signs shall be removed or altered to comply with Chapter 233. 5. Public Works Department requirements are as follows: a. The developer shall abandon the existing six inch (6") fire service at the point of connection on the existing eight inch (8") water main and remove the existing six inch (6) backflow device and vault. Any new fire service shall be constructed per Water Division Standard Plan No. 618. b. The proposed building shall have a separate domestic water service, sized per the Uniform Plumbing Code and Water Division Standard Plans. Backflow protection is required per Water Division Standard Plan No. 609. The existing domestic water service shall be abandoned. 6. Fire Department requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. A Class III wet standpipe system (combination) shall be installed pursuant to Fire Department and Uniform Building Code standards. 161 Page 17 - Council/Agency Minutes - 04/03/95 c. A fire alarm system shall be installed to comply with Fire Department and Uniform Fire Code standards. The system shall provide 1) manual pulls, 2) Water flow, valve tamper and trouble detection, 3) 24 hour supervision, 4) Annunciation, 5) Audible alarms, and 6) Voice Communication. d. Fire extinguishers shall be provided in number and at locations specified by the Fire Department. e. Two (2) fire hydrants shall be installed prior to combustible construction at locations specified by the Fire Department. f. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. g. Address numbers shall be installed to comply with City Specification No. 428. h. 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. These include low level exit signs. i. The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and 431 for the abandonment of oil wells and site restoration. j. The project shall comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. 7. All buildings spoils, such a (as) unusable lumber, wire, pipe, and other surplus or unusable material shall be disposed of at an off -site facility equipped to handle them. 8. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 9. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. 162 Page 18 - Council/Agency Minutes - 04/03/95 b. All signs shall be brought into compliance with the Huntington Beach Sign Code (Chapter 233). c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. Compliance with all conditions of approval specified herein shall be accomplished. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94-25, Coastal Development Permit No. 94-10 and Conditional Exception No. 94-33 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 11. Conditional Use Permit No. 94-25, Coastal Development Permit No. 94-10 and Conditional Exception No. 94-33 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 Division a minimum 30 days prior to the expiration date. Code Requirements 1. All applicable Public Works fees shall be paid. 2. The developer shall be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 3. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 4. The development shall comply with all applicable provisions of the Zoning and Subdivision Ordinance, Building Division, and Fire Department. 5. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 6. All signage shall comply with the Huntington Beach Zoning and Subdivision Ordinance. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Dettloff, Green, Garofalo NOES: Bauer, Sullivan ABSENT: None Various Issues Regarding Maxwell's To Be Studied And Reported Back Councilmember Dettloff stated that she would like staff look into the public access issue and have the architect make the open spaces available to the public from an outside location. 163 Page 19 - Council/Agency Minutes - 04103195 Councilmember Bauer stated that verbal comment on Measure C does not suffice, the financial aspect was not answered because the staff member was not present; the access issue not resolved. Councilmember Harman stated that he would like staff to take another look at the exterior stairway. Discussion was held regarding encroachment. The Police Chief responded that the Police Department had recommended against the outside stairway. Councilmember Sullivan requested the following issues be addressed: (1) Does building exceed footprint; (2) Increase in size of building does require additional parking; and (3) Security for dining areas. The City Clerk requested clarification of Council's direction relative to whether the additional directives were a part of the action to be included in the communication her office must forward within seven (7) days to the Coastal Commission. Councilmember Garofalo spoke regarding the procedures relating to the issue The City Clerk was advised that the directions were not a part of the action. Motion For Meeting To Proceed Past 11:00 P.M. - Approved On motion by Sullivan, second Leipzig, Council approved proceeding past the 11:00 p.m. deadline in order to finish the agenda. The motion carried by unanimous vote. (City Council PUBLIC HEARING - CODE AMENDMENT NO. 94-5 - NEGATIVE DECLARATION NO. 94-21 - CENTERSTONE DEVELOPMENT COMPANY - SEABRIDGE SPECIFIC PLAN - EAST OF BEACH BOULEVARD - 400 FEET SOUTH OF ADAMS AVENUE - INTRODUCTION OF ORDINANCE NO. 3279 - 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 - Negative Declaration No. 94-21 APPLICANT: Centerstone Development Company LOCATION: East side of Beach Boulevard 400 feet south of Adams Avenue. REQUEST., To amend the Seabridge Specific Plan to allow medium -density residential development on 3.95 acres with Area B designated for Resource Production (01), to create development standards for detached dwellings, to delete the saltwater marsh requirement and delete the requirement that the area be deeded to the Homeowner's Association. A 30 lot subdivision for a planned unit development consisting of 30 single family residential detachec� units was conditionally approved by the Planning Commission on February 28, 1995. i 6 Page 20 - Council/Agency Minutes - 04/03/95 ENVIRONMENTAL STATUS: The initial environmental assessment was processed and completed in accordance with the California Environmental Quality Act and it was determined that the project would not have any significant environmental effect and, therefore, a negative declaration is warranted. The City Clerk presented Ordinance No. 3279 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE SEABRIDGE SPECIFIC PLAN." The Community Development Director presented a staff report. Discussion was held by Council and staff. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Mayor Leipzig declared the public hearing open. The City Clerk announced a communication received and distributed to Council from Centerstone Company dated April 3, 1995 entitled The Seabridge Collection regarding the public hearing. Kirk Evans, Centerstone Development Company representative, spoke in support of the project and regarding a proposed secondary access and proposed left turn access. He stated that the entrance to the project had not flooded out and that the Fire Department had been given erroneous information. Patricia Koch, Huntington Beach Union High School District representative, spoke regarding school mitigation and stated that the developer had not made an effort to negotiate school mitigation. She requested Council to continue the public hearing on the project and direct the developer to negotiate with the school districts for reasonable school mitigation. Jerry Buchanan, Huntington Beach City School District representative, stated that the School District objected to Negative Declaration No. 94-21 due to its inadequacies and spoke in support of school mitigation. He stated that the School Districts are interested in negotiating with the developer. Robert Eberly, Seabridge Home Owners Association representative, spoke in support of the proposed project with one access to the project. Gaylyn Van Haun, Van Haun Real Estate Management representative and property manager for Seabridge Villas, stated that if a secondary access to the proposed project was required to go through the Seabridge development it would require amendment of governing documents, approval by mortgages, and a vote of the membership. She spoke in support of the project with a single access. Richard Harlow, Centerstone Development Company representative, spoke in support of the proposed project. He stated that there is a state limit on school fees of $1.72 per square foot and any additional fee would have to be justified by the school districts. He stated that the city needs to take a position on the issue of school mitigation. He requested Council to approve the project without requiring the developer to negotiate with the school districts. 165 Page 21 - Council/Agency Minutes - 04/03/95 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. In response to Councilmember Green's questions, Tom Huntley, Fire Department Division Chief and Operations Officer, reported regarding Fire Department access to similar projects on Beach Boulevard. He stated that there have been changes to the code requirements over the years, but that the similar projects with single access have forty -foot (40) wide streets which allow better access and circulation of fire vehicles; the proposed project has a thirty-two foot (32) wide street. At the request of Councilmember Green, Gary Gorman, Planning Commissioner, reported regarding the fire access issue, and stated that with the proposed second access through another community which is gated, would not create significant benefit to recommend that it be required. He stated that there were grade and run-off problems on the property and difficulty in obtaining an easement from the adjoining property owners. Tom Huntley, Fire Department representative, spoke regarding the Fire Department's request for access and reported regarding problems with limiting access as it causes slower response times in an emergency situation. He spoke in support of a sprinkler system being required if the proposed second access is not approved. Kirk Evans, Centerstone Development Company representative, responded to Councilmember Garofalo's questions regarding the proposed left turn lane, sprinkler system requirement, and width of the street. A motion was made by Dettloff, seconded by Green, to approve the Planning Commission recommendation to approve Negative Declaration No. 94-21, Attachment No. 4 to Request for Council Action dated April 3, 1995 and approve Code Amendment No. 94-5, with findings, as listed below, and approve introduction of Ordinance No. 3279 with the left hand turn included in the project. Scott Hess, Senior Planner, reported that Exhibit D in the ordinance had been replaced by the applicant with a revised Exhibit D that did not include the Emergency Vehicle Access. Councilmember Dettloff revised her motion to exclude the Emergency Vehicle Access in Exhibit D. Councilmember Sullivan spoke in opposition to the proposed left hand turn lane on Beach Boulevard. Councilmembers Dettloff and Green agreed to exclude the left hand turn lane from the motion. The motion carried by unanimous vote. 166 Page 22 - Council/Agency Minutes - 04/03195 Findings For Approval - Code Amendment No. 94-5 The code amendment to allow medium density residential development on 3.95 acres within Area B designated for Resource Production (01), to create development standards for detached dwellings, to delete the saltwater march requirement and delete the requirement that the area be deeded to the Homeowner's Association is consistent with the objectives of the Seabridge Specific Plan and the Planned Unit Development concept of the code in allowing for a development that has an integrated design and that adapts to the terrain and compatibility of the surrounding environment. 2. The proposed code amendment to change the land use designation from Resource Production (101) to Medium Density Residential within Area B (approximately 4 acres) of the Seabridge Specific Plan does conform with the Planned Community land use designation of the City's General Plan, in that the code amendment would allow for development which would enhance and integrate with the surrounding Seabridge planned community. 3. The proposed code amendment from Resource Production (01) to Medium Density Residential is consistent with the surrounding medium density residential land uses, because the medium density residential land use designation would allow for residential development with is medium density as well. 4. The proposed code amendment to change the land use designation from Resource Production (01) to Medium Density Residential is consistent with the Planned Community land use designation, the Housing Element, and Scenic Highways Element of the General Plan by increasing the opportunity for a variety of housing types in the community, and maintaining and landscaping corridor provisions. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Harman) Restrooms at Police/Public Gun Range in Huntington Central Park, (Bauer) Strategy for Marketing of Beach Resources, (Sullivan) Summary vacation of various easements in Tract No. 14892, and (Dettloff) Appropriation for Main Promenade banner for Main Promenade Parking Structure. CONSENT CALENDAR - ITEM APPROVED On motion by Sullivan, second Garofalo, the following Consent Calendar items were approved as recommended, by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 167 Page 23 - Council/Agency Minutes - 04/03/95 (City Council/Redevelopment Agency) MINUTES - APPROVED AND ADOPTED - Approved and adopted minutes of the Council and Agency adjourned regular meetings of January 4, 1995, January 17, 1995, January 20, 1995, and regular meetings of January 3, 1995 as written and on file in the Office of the City Clerk. (City Council) DOWNTOWN CHANGE MACHINE FOR PARKING METERS ON MAIN STREET - APPROVED (320.45) - Appropriated $9,000 from the General Fund Unappropriated Fund Balance to Account No. E-AA-CS-343-2-21-00 to purchase and install a change machine in the downtown area to provide change for parking meters on Main Street. Councilmember Garofalo spoke in support. (City Council NOTICE OF COMPLETION - INSTALLATION OF TWO TRAFFIC SIGNALS 1994 - PHASE III) AT INTERSECTIONS OF ATLANTA AVENUE AND MIRAMARIGREENFIELD AND MAGNOLIA STREET AT EDISON HIGH SCHOOL - MOORE ELECTRICAL CONTRACTING - CC-906 - APPROVED (600.55) - Accepted the improvements of Cash Contract No. 906, for installation of two traffic signals at the Intersections of Atlanta Avenue and Miramar/Greenfield and Magnolia Street and Edison High School, and authorized the City Clerk to file the Notice of Completion, and approved the total project cost of $220,762. (Redevelopment Agency) DOWN PAYMENT ASSISTANCE PROGRAM - PARTICIPANT APPROVAL - PACIFIC PARK VILLAS PROJECT - TALBERT-BEACH REDEVELOPMENT PROJECT AREA -LOAN AGREEMENTS -APPROVED (600.10) -Approved the borrowers listed on Attachment No_ 1 to the Request For Council Action dated April 3, 1995, the amount of the loan and the specific property subject to trust deed and the individualized Down Payment Assistance loan documents for each; and approved and authorized Chairperson and Agency Clerk to execute the one loan document between the Agency and the participants listed in Attachment No. 2 to the Request For Council Action dated April 3, 1995. (City Council) APPOINTMENTS TO ENVIRONMENTAL BOARD - JONATHAN WOOLF-WILLIS AND ANDREA BURRELL - APPROVED (110.20) - Appointed Jonathan Woolf -Willis and Andrea Burrell to complete the terms of Daniel Torres and Norman Smith, respectively, which will expire on June 30, 1996. (City Council SUMMARY VACATION - WATERLINE EASEMENT - 5862 5882 5912 AND 5932 BOLSA AVENUE - HUNTINGTON COMMERCE CENTER Il - RESOLUTION NO. 6682 - ADOPTED (300.20) - Adopted Resolution No. 6682 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A WATER LINE EASEMENT ON THE SOUTH SIDE OF BOLSA AVENUE, WEST OF SPRINGDALE STREET." Page 24 - Council/Agency Minutes - 04/03/95 (City Council) STRATEGY FOR MARKETING OF BEACH RESOURCES - CONTINUED FOR FURTHER STAFF REVIEW (245.10) The City Clerk presented a communication from the City Administrator dated April 3, 1995 regarding Beach Marketing. In response to Councilmember Bauer's question, the Community Services Director reported that the program involves the pooling of demographic exposure to attract sponsors. Following discussion by Council and staff, Mayor Leipzig suggested that Council accept Councilmember Bauer s proposal to work with the Community Services Director to develop a benefit analysis and meet with the people who have proposed the marketing program for further review of the program_ The City Council will take no action on the item at this time. (City Council APPROPRIATION FOR MAIN PROMENADE BANNER - MAIN PROMENADE PARKING STRUCTURE -APPROVED (275.10) The City Clerk presented a communication from the City Administrator dated April 3, 1995 regarding Appropriation for Main Promenade Banner. A communication was received and distributed to Council from Paul Cook, Surf City Foundation President, dated March 30, 1995 in support of the event banners. A motion was made by Dettloff, seconded by Green, to approve an appropriation of $7,000 into Account No. E-AA-CS-343-3-90-00 to cover expenditures to pay for construction and installation of two banner poles and banners on Main Street to identify the location of the Main Promenade Parking Structure. The motion carried by unanimous vote. (City Council) RESTROOMS AT PO_LICEIPUBLIC GUN RANGE - HUNTINGTON CENTRAL PARK - APPROVED - COUNCIL COMMITTEE REINSTATED TO WORK WITH THE POLICE OFFICERS ASSOCIATION AND COMMUNITY SERVICES DEPARTMENT (320.45) The City Clerk presented a communication from the City Administrator dated April 3, 1995 regarding Restrooms at the Police/Public Gun Range in Huntington Central Park. Councilmember Harman spoke regarding his concerns relative to noise pollution and land use of the Gun Range in a park. The Police Chief reported regarding the benefits of the Gun Range. The Community Services Director reported regarding the agreement with the Police Officers Association and the improvements that need to be done. A Council Committee was reinstated with Councilmembers Sullivan, Leipzig and Harman volunteering to serve, Councilmember Sullivan to be the Chair of the committee. 169 Page 25 - Council/Agency Minutes - 04/03/95 A motion was made by Garofalo, seconded by Green, to approve an amendment to the FY 94/95 budget to add $4,500 from the general fund unappropriated balance to Account No. E-A-A-PD- 325-3-81-00 to continue the lease payments for the modular restrooms at the police/public gun range. The motion carried by the following roll call vote: AYES: Leipzig, Dettloff, Green, Garofalo NOES: Harman, Bauer, Sullivan ABSENT: None (City Council ORDERING SUMMARY VACATION OF VARIOUS EASEMENTS - TRACT NO. 14892 - THE HAMPTONS - NORTHEAST CORNER OF GARFIELD AVENUE AND EDWARDS STREET - RESOLUTION NOS. 6675, 6676, 6677, 6678, 667% 6680 AND 6681 ACADEMY CIRCLE CADDINGTON CIRCLE - LANDSCAPEIE UESTRIAN TRAIL EASEMENT - SEACLIFF PARTNERS -ADOPTED (800.50) The City Clerk presented the following resolutions regarding easement vacations for Tract No. 14892 for Council adoption: RESOLUTION NO. 6675 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A POLICE AND FIRE DEPARTMENT ACCESS EASEMENT LOCATED ON ACADEMY CIRCLE WITHIN TRACT NO. 14892." The resolution orders ordering summary vacation of police and fire access easement for Academy Circle in Tract No. 14892. RESOLUTION NO. 6676 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A POLICE AND FIRE DEPARTMENT ACCESS EASEMENT LOCATED ON CADDINGTON CIRCLE WITHIN TRACT NO. 14892." The resolution orders summary vacation of police and fire easement for Caddington Circle in Tract No. 14892. RESOLUTION NO. 6677 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT LOCATED ON ACADEMY CIRCLE WITHIN TRACT NO. 14892." The resolution orders summary vacation of public utility easement for Academy Circle in Tract No. 14892. RESOLUTION NO. 6678 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF AN ACCESS EASEMENT FOR THE PURPOSE OF MAINTAINING, SERVICING, CLEANING, REPAIRING AND REPLACING THE WATER SYSTEM LOCATED ON ACADEMY CIRCLE WITHIN TRACT NO. 14892." The resolution orders summary vacation of access easement for maintaining, servicing, cleaning, repairing and replacing water system for Academy Circle in Tract No. 14892 170 Page 26 - Council/Agency Minutes - 04/03/95 RESOLUTION NO. 6679 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF AN ACCESS EASEMENT FOR THE PURPOSE OF MAINTAINING, SERVICING, CLEANING, REPAIRING AND REPLACING THE WATER SYSTEM LOCATED ON CADDINGTON CIRCLE WITHIN TRACT NO. 14892." The resolution orders summary vacation of access easement for maintaining, servicing, cleaning , repairing and replacing water system for Caddington Circle in Tract No. 14892 RESOLUTION NO. 6680 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A LANDSCAPE AND EQUESTRIAN TRAIL EASEMENT SHOWN AS LOT "F" WITHIN TRACT NO. 14892." The resolution ordering summary vacation of landscape and equestrian trail easement shown as lot "F" in Tract No. 14892. RESOLUTION NO. 6681- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT LOCATED ON CADDINGTON CIRCLE AND ACADEMY CIRCLE WITHIN TRACT NO, 14892." The resolution orders summary vacation of public utility easement for Caddington Circle and Academy Circle in Tract No. 14892. In response to Councilmember Sullivan's question, the Public Works Director stated that the easements and vacations would be recorded at the same time. A motion was made by Sullivan, seconded by Green, to adopt Resolution Nos. 6675, 6676, 6677, 6678, 6679, 6680, and 6681. The motion carried by unanimous vote. (City Council/Redevelopment Agency) LOAN AGREEMENT - BETWEEN REDEVELOPMENT AGENCY AND HUNTINGTON HARBOUR MOBILE ESTATES HOMEOWNER ASSOCIATION-: PHASE 1 STUDIES FOR RESIDENT ACQUISITION OF MOBILE HOME PARK (600.30) The City . irk presented a communication from Assistant City Administrator requesting authorizat,on for the Redevelopment Agency to enter into a Loan Agreement with Huntington Harbour Mobile Estates Homeowner Association in order to pursue the preliminary step for resident acquisition of the park. The loan will be $15,000 at a three percent (3%) interest rate amortized for 15 years. A motion was made by Green, seconded by Sullivan, to approve the following: 1. The Loan Agreement and Promissory Note between the Redevelopment Agency and Huntington Harbour Mobile Estates, Inc. for the sum of $15,000 at three percent (3%) amortized over 15 years to conduct phase 1 studies for resident acquisition, and 2. Approve and authorize execution by the Chairman and Agency Clerk of the loan Agreement between the City of Huntington Beach and Huntington Harbour Estates Inc. for Phase 1 studies for resident acquisition. The motion carried by unanimous vote. 171 Page 27 - Council/Agency Minutes - 04/03/95 In response to Councilmember Garofalo's question, Dave Mounier, Community Service Group, reported that the survey should be completed by approximately April 20. (City Council/Redevelopment Agency) FIRST ANNUAL AFFORDABLE HOUSING STRATEGY LOW AND VERY LOW INCOME - STUDY SESSION SCHEDULED FOR MAY 8 1995 (430.50) The City Clerk presented a communication from the Assistant City Administrator regarding a strategy to guide the expenditure of moneys for the development of affordable housing and transmitting the proposed first annual Affordable Housing Strategy. The following communications were received and distributed to Council from: from the Economic Development Department a copy of the slide presentation entitled First Annual Affordable Housing Strategy - Acquisition -Rehabilitation -Construction and pages ten and eleven omitted during the printing of the agenda item regarding the Affordable Housing Strategy. The Assistant City Administrator and Acting Economic Development Director presented a staff report. Councilmembers Green, Bauer and Garofalo reviewed their concerns regarding the proposed Affordable Housing Strategy. A motion was made by Garofalo, seconded by Green, to continue the First Annual Affordable Housing Strategy to a date certain. Following discussion, Mayor Leipzig suggested Monday, May 8, 1995. The motion carried by unanimous vote. (City Council) FISCAL YEAR 1994 HOME INVESTMENT PARTNERSHIP PROGRAM - FEDERAL GRANT NO. 94-MC-60514 - ORANGE COUNTY COMMUNITY HOUSING � CORPORATION (OC_CHC) - 17361 AND 1737.1 KOLEDO LANE - OAKVIEW - APPROVED (340.70) _ _ The City Clerk presented a communication from Assistant City Administrator regarding the need for Council approval of the HOME program in order for the City to participate in the HOME Investment Partnership Program. A copy of the slide presentation regarding the Home Investment Partnership Program was received and distributed to Council from the Economic Development Department. Grag Brown, Development Specialist, presented a staff report using the slide presentation regarding the HOME Program and eligible uses of HOME Funds. In response to Councilmember Green's question, the City Attorney reported regarding a city employee who owns property in the area. Councilmember Garofalo spoke in opposition to the interest free thirty year deferral (loan). 17 Page 28 - Council/Agency Minutes - 04/03/95 Councilmember Sullivan agreed. Grag Brown, Development Specialist, reported regarding the terms of the loans The Assistant City Administrator stated that if Council directed when the agreements are brought back, the two components recommended by Councilmembers Garofalo and Sullivan would be included which are full principal payback within thirty years and negotiation an interest rate if the performa allows. A motion was made by Dettloff, seconded by Green, to approve the following: 1. The HOME Investment Partnership Program for Fiscal Year (Federal) 1994 at $543,000, and 2. The commitment of $520,000 in HOME funds to the Orange County Community Housing Corporation (OCCHC) in acquiring and rehabilitating two multi -family properties in the Oakview neighborhood: 17361 and 17371 Koledo Lane ($428,500 in 1993 funds and $89,500 in 1994 funds). Direct staff to return with proposed deal points and an affordable housing agreement as soon as possible, and 3. The attached HOME Program Acquisition Guidelines and Multi -family Rehabilitation Guidelines. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (Redevelopment Agency) EDUCATION REVENUE AUGMENTATION FUND (ERAF) PAYMENT - APPROVED (400.10) The City Clerk presented a communication from Acting Director of Economic Development notifying the Redevelopment Agency they are required to make special payments to the state's Educational Revenue Augmentation Fund in order to assist in balancing the state's budget. The Agency's obligation is $278,350.64 for 1994-1995. Appropriation and authorization must be conducted by legislative action. The City Administrator recommended approval as state law requires it. Councilmember Sullivan spoke in opposition to government mandates A motion was made by Dettloff, seconded by Green, to approve the following: 1. The Redevelopment Agency hereby finds that there are insufficient redevelopment funds to make the ERAF payment and intends to borrow such funds from the Low and Moderate Income Housing Fund to be repaid by May 10, 2004. The funds will be loaned on a pro rata basis to each projection as outlined on the letter from the State Department of Finance dated 173 October 3, 1994, and Page 29 - Council/Agency Minutes - 04/03/95 2. Appropriate and approve the expenditure of $139,175.32 from the Huntington Center unappropriated and undesignated fund balance for the Agency's ERAF payment to be paid no later than May 10, 1995. The motion carried by the following roll cal! vote: AYES: Harman, Leipzig, Dettloff, Green, Garofalo NOES: Sullivan ABSENT: Bauer (absent) (City Council) CITYWIDE SPECIFIC EVENT PENNANT BANNERS ON STREET LIGHT POLES - RESOLUTION NO. 6672 - ADOPTED AS AMENDED FOR A TWO YEAR AMORTIZING PERIOD (320.45) The City Clerk presented Resolution No. 6672 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 FEES CHARGED AS TO SPECIFIC EVENTS BANNERS (SUPPLEMENTAL FEE RESOLUTION NO. 53). Councilmember Garofalo spoke in support of amortizing the cost of the brackets and charging a reasonable fee to the users in the future even after amortization. The Community Development Director reported that the fee resolution was written to recuperate the full cast of the brackets within a one year period. A motion was made by Garofalo, seconded by Green, to appropriate $9,500 from the unencumbered General Fund balance into Account No. E-AA-PW-417-221-00 for the purchase and installation of permanent mounting brackets for pennant banners on street light poles; and authorize the Director of Public Works to proceed with the solicitation of bids for the purchase and mounting of permanent mounting brackets; and adopted Resolution No. 6672 as amended for a two year amortizing period. The motion carved by the following roll call vote: AYES: Harman, Leipzig, Dettloff, Green, Garofalo NOES: Sullivan ABS T.. Bauer (absent) (City Council ORDINANCE NO. 3267 INTRODUCTION APPROVED AS AMENDED TO REMOVE FEE WHICH WILL BE INCLUDED IN A RESOLUTION THAT WILL COME BACK TO COUNCIL FOR APPROVAL - MASSAGE LICENSING (640.10) The City Clerk presented Ordinance No. 3267 for Council introduction - "AN ORDINANCE OF THE CITY COUNCIL OF THE brFy OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MU.NICIPA &ODtE� FNDING SECTION 5.2 -THER- fpf ' - ,,LATING TO.. MASSAGE -LICENSING." -1 `'1-- 174 Page 30 - Council/Agency Minutes - 04/03/95 The Police Chief reported regarding an amendment to the ordinance to remove the five hundred dollar ($500) fee which will return in resolution form. A motion was made by Green, seconded by Leipzig, to approve introduction of Ordinance No. 3267 as amended, after reading by title. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer (absent) (City Council) COUNCIL LIAISONS TO SPECIFIC EVENTS COMMITTEE - APPROVED (120.20) Councilmember Garofalo spoke regarding the recent adoption of the new Specific Events Chapter to the Huntington Beach Municipal Code establishing membership for the Specific Events Committee and stated that Council liaisons to the committee have not been appointed. He stated that because of the significant and complex negotiations for the events that are proposed, he would recommend that the Mayor appoint two Council liaisons to sit on the Specific Events Committee in order to keep Council updated on such issues as alcohol advertising, use of public facilities, television contracts, etc. A motion was made by Garofalo, seconded by Green, that the Mayor be directed to appoint a second Councilmember to serve as liaison to the Special Events Committee. The motion carried by the following roll call vote: AYES: Harman, Sullivan, NOES: None ABSENT: Bauer (absent) Leipzig, Dettloff, Green, Garofalo Mayor Leipzig volunteered to serve. ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, April lit, 1995, at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. ATTEST: City Clerk/Clerk 175 Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman