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HomeMy WebLinkAbout1995-04-17MINUTES CITY COUNCIUREDEVELOPMENT AGENCY 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Monday, April 17, 1995 Mayor Leipzig called the adjourned regular meetings of the City Council and Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8, Civic Center. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Absent: None RECESS The Mayor called a recess of the City Council and Redevelopment Agency at 5:05 p.m. CLOSED SESSIONS The following closed sessions were called to consider: 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 with 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 Firem ens' Association (HBFA), and Surf City Lifeguard Employees Association (SCLEA). (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 regarding the Orange County; U. S. Bankruptcy Court Case No_ SA-94-22272 JR administratively consolidated with Case No. SA-94-22273 JR. (120.80) Closed session - City Council pursuant to Government Code Section 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 regarding the Orange County; U. S. Bankruptcy Court Case No. SA 94-22272 JR city v. Merrill Lynch, U.S. District Court Case No. SA CS95- 189 LHM. (120.80) Page 2 - Council/Agency Minutes - 04/17195 Closed session - Redevelopment Agency pursuant to Government Code Section 54956.9(b)(3)(b) to confer with its attomey regarding pending litigation. Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced regarding - Mora Kai Apartments, (400.50) RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 6:30 p.m. in the Council Chamber. 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. PRESENTATIONS - COMMENDATIONS - RECOGNITIONS Presentation - Introduction Of Exchange Students - Waitakere, New Zealand - HB Sister. Cities Association - To the Mayor and City Council introduction of exchange students and their chaperon from Waitakere, New Zealand by Huntington Beach Sister Cities Association Board President Doug Erber. Visiting students are Rebecca Richards, Raewyn Chapman, Lisa Bexley, Darryl Richards and Chaperone, Hetty Goodwin. Presentation - Earth Day- April 22, 1995 - Return Of The Terns - Bolsa Chica - By Mayor Victor Leipzig to Adrianne Morison, Amigos De Balsa Chica Director, a Proclamation proclaiming Earth Day - April 22, 1995, a celebration of "Return of the Tems" to the Bolsa Chica Wetlands. 181 Page 3 - Council/Agency Minutes - 04/17/95 {City CouncilLMORA KAI APARTMENTS - REJECTION BY COUNCIL OF DEVELOPER'S PROPOSAL REGARDING MODIFICATIONS TO TRANSACTION - RELEASE OF PROPERTY AND RECONVEYANCE OF TITLE TO SELLER AUTHORIZED Deputy..City Attorney DeLaLoza stated for the record pursuant to Section 54957.1 of the Brown Act which allows reporting out of the Closed Session if the vote would conclude real estate negotiations and that he believes this vote follows the purview of this section. The following Closed Session motion was read by Deputy City Attorney DeLaLoza: The City Council unanimously rejected the developer's proposal regarding modifications to the transaction and authorized the Chairman and staff to execute the documents necessary to release the property and reconvey We to the seller in connection with the Mora Kai matter. On motion by Harman, second Green, the Council unanimously approved the motion read by the Deputy City Attorney DeLaLoza. LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK The City Clerk announced the following communications that had arrived following the distribution of the Council Agenda: Communication from Ron Shenkman, Marketing and Public Affairs Director, dated April 17, 1995 regarding Household Hazardous Waste Collection Center Closure Dilemma. Fire Chief's Slide Report on City Ambulance Program. Communication to the Orange County Board of Supervisors from Mayor Leipzig dated April 18, 1995 regarding the Development Agreement between the County and Koll Real Estate Group. PUBLIC COMMENTS George Amold stated his complaint about too marry bars in the downtown area and about the City Treasurer. Bruce Monroe, Sierra Club representative, addressed Council regarding the impact the Bolsa Chica Development Agreement had on Seal Beach traffic and stated that they are prepared to challenge the Development Agreement in court. Tom Pontac spoke regarding what he believed was Council's role to protect the people's interest, not the interest of the Koll Company relative to the Balsa Chica Development Agreement. 182 Page 4 - Council/Agency Minutes - 04/17/95 Mark Porter, President of Huntington Beach Tomorrow, addressed Council in support of the Agenda Item regarding the Yorktown Avenue street widening project and the Agenda Item on the Mobilehome subleasing ordinance. He spoke regarding the permanent open space easement over the lowlands in the Bolsa Chica area and suggested that fact be pointed out to the Board of Supervisors. Bob Winchell, Huntington Beach Tomorrow representative, stated his support for the staff recommendation that the proposed Development Agreement of the Bolsa Chica area be continued or denied until Huntington Beach has a chance to take care of fiscal impact. He stated there are some modifications of which the city should be aware. He suggested it be looked at under the General Plan. Ed Mountford, Vice -President of Koll Real Estate, stated that he was present to reiterate the commitment of the Koll Company to work with the city no matter what action is taken by the Board of Supervisors. David Tamarin announced the May 6, 1995 Training Schedule for the Community Emergency Response Team (CERT) at the Gothard Street location. William Riddell informed Council that he would like to see the disposition of the Huntington Beach Gun Range and stated that it should be revenue producing and for the people. Sandra Cole, Huntington By -the -Seal Mobilehome Owners Association representative, described an accident on Newland Street by the Flood Control Channel and the Humane Society. She stated that a resident of the mobile home park had been involved. She stated the speed limit is too fast and that the rise in the road caused accidents. She presented suggestions including widening the street. Ms. Cole requested that someone look into the problem in depth. She presented photographs of the vehicle involved in the accident. Susan Sloham spoke regarding the threat she believed was caused by a neighbors Doberman Pincher dogs to her children. She stated that she had a video tape of the of a day when the dog was half -way over the fence and that she had filed a nuisance report. Ms. Sloham requested assistance from Council regarding the matter. Earle Robitaille spoke regarding the county operation of the toxic waste station and problems involved. He also spoke regarding the gun range and its long history; how it was built by volunteer labor and donated equipment. He urged Council to consider this community effort when making a decision on the disposition of the gun range. Bryan Bridges stated that he would like to see the Police Range opened to the public. He stated that shooting sportsmen will not vote for those Council members who did not reopen the range to the public. Dennis Davenport spoke in support of the police gun range being reopened to the public stating that he had become a master class shooter as a result of the opportunity given by the public gun range. Page 5 - Council/Agency Minutes - 04/17/95 Alan Chapman spoke in support of the police gun range and stated he had recently learned that the gun range existed. He urged that it be reopened due to the great distance to travel to another gun range. Steven Pastizze gave reasons in support of the reopening of the police gun range as firearm safety and firearm respect can be taught there as well as the community having exposure to law enforcement officers. John Lynch, Department of Civilian Marksmanship, U. S. Army Coordinator for the National Rife Association, Huntington Beach Chapter, spoke regarding their need for a gun range. Barbara Coe, Chairperson, California Coalition for Immigration Reform and co-author of Proposition 187, urged Council to reopen the gun range. She state the need for citizens to train in the use of their personal firearms to protect themselves. John Poynter urged the reopening of the range to bring revenue and help teach people reasonable firearm safety. Eric Owen stated that he wanted to bring his daughter to the gun range and requested the reopening of the range or to know the reason why it cannot be reopened. Doug Lannevin stated that the city offers skateboard facilities, Frisbee golf courses, etc.; and that shooting is an Olympic Sport and urged reopening of the gun range. Mike Smith, National Rifle Association representative, urged Council to think seriously or soberly about the issue of reopening the gun range and to give approval. Granville Crow, Westminster Retail Store owner, spoke regarding the questions he receives from people in his store wondering where to go to shoot and urged Council to approve the reopening to the public. He stated the number of people involved in hunting, fishing or some type of gun related industry. Manny Rothstein, Vice -President and co-founder of the Huntington Beach National Rifle Association Grass Roots Council, urged the reopening of the range; that it would be one of the biggest tourist attractions and bring revenues to the city. Nancy Harris addressed Council regarding the proposed Development Agreement pamphlet she had picked up at a display at Supervisor Silva's office and described what she believed to be the pamphlet's deficiencies. David Clay spoke in support of the gun range stating that he believed the gun range would keep the city safe and not jeopardize city safety. The Mayor addressed the audience regarding the Police gun range and clarified aspects of the matter. Page 6 - Council/Agency Minutes - 04/17/95 Jane Bartlett, Certified Instructor with the Department of Justice, addressed Council regarding the importance of proper training of people who have guns in their homes. David Hibbard, Mora Kai Apartment representative, spoke in support of completing the Mora Kai project and presented a history on the matter. The Mayor was advised by Deputy City Attorney Delal-aza that Mr. Hibbard could contact the City Attorney's Office for assistance regarding the matter. Bill Gregory, Surfrider Foundation representative, addressed Council and spoke regarding the importance of the city going to the county and expressing opposition to the Bolsa Chica Development Agreement. Eileen Murphy, Bolsa Chica Land Trust representative, asked if she could see the phone numbers that had been displayed by Mr. Winchell on the slides urging telephone contact with Supervisor Jim Silva and Developer Don Koll. She urged Council to take staffs advice to ask for delay or to deny the development agreement. She spoke regarding ways the whole 1,700 acres of the Bolsa Chica could be saved. Ron Shenkman, Rainbow Disposal Company representative, spoke regarding the Agenda Item relative to the change in hours of operation of the County of Orange Hazardous Waste Material Station in Huntington Beach. He expressed his frustration with the limited hours of the county facility and stated that people are throwing toxic waste over the fence of his business upon being shut out of the facility because of the time restraints. He spoke regarding possible danger to children who may pick up toxic material and stated that it can get into sewers. (City Council) Advisory Committee For The City's Investment Policy - City Attorney to Prepare Ordinance Councilmember Dettloff requested the City Treasurer to present an update on the Advisory Committee for the City's Investment Policy. The City Treasurer reported on the proposed policy and his report was followed by a report from Deputy City Attorney Del-al-oza. Councilmember Garofalo asked about the oversight committee. The Deputy City Attorney stated that the City Council could take action now to give direction on the formation of the committee. A motion was made by Garofalo, second Dettloff, to direct the City Attorney to prepare an ordinance forming an Advisory Oversight Committee for the City's Investment Policy. The motion carried unanimously. Bolsa Chica Matter Moved Forward On Agenda Councilmember Sullivan stated that since the Orange County Board of Supervisors will be acting on the Bolsa Chica matter tomorrow, it might be prudent to move that issue forward on the 18 5 agenda. Page 7 - Council/Agency Minutes - 04117195 Announcement Of Community Outreach Meeting Scheduled For Saturday, May 6, 1995 The Mayor announced the Community Outreach meeting scheduled for Saturday, May 6, 1995, 'from 8:30 a.m. to 3:00 p.m. at the Huntington Beach Mall. Announcement Of R_eguest For Representative To Serve On League of Califomia Cities - County Restructuring Super Committee The Mayor announced a request from the Orange County Division of the California League of Cities for a City Council representative to serve on a county Restructuring Super Committee. He asked that Councilmembers interested in serving on this committee contact him. RECESS - RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY Mayor Leipzig called a recess of the City Council and the Redevelopment Agency meeting at 9:00 p.m. The Mayor reconvened the regular meeting of the City Council/Redevelopment Agency at 9:10 p.m. in the Council Chamber. (City Council) BOLSA CHICA DEVELOPMENT AGREEMENT AND SERVICE DELIVERY AGREEMENT - COMMENTS TO THE ORANGE COUNTY BOARD OF SUPERVISORS - APPROVED AS AMENDED (440.60) The City Clerk presented a communication from the City Administrator transmitting for Council's review and consideration, an update on the status of service and fiscal impact negotiations and the city's comments on the draft Development Agreement between the County of Orange and the Koll Real Estate Group. The City Clerk had earlier in the meeting announced a communication to the Orange County Board of Supervisors from Mayor Victor Leipzig dated April 18, 1995 regarding the Development Agreement between the County and Koll Real Estate Group. A communication titled Fiscal Impacts - Solsa Chica Project was also presented. The Community Development Director presented staff's recommendations. The City Administrator stated that there was an amendment to the Agreement as outlined in the aforementioned Mayors communication. He referred to the letters of the Fire Chief and the Police Chief. He spoke regarding the effect on the city of the Huntington Central Library use by the development's residents. He referred to Page No. 3 stating that the wording of the Board of Supervisors' motion should be part of the agreement. In response to Councilmember Sullivan's question, Deputy City Attorney DeLaLoza spoke regarding the lack of a plan and timetable in the Agreement. Page 8 - Council/Agency Minutes - 04/17/95 Discussion was held by the Deputy City Attorney and Councilmember Bauer regarding the city's position in future legal action. Councilmember Dettloff spoke regarding the importance of getting into the record the language imposed in the letter but that she wanted to avoid getting it rejected out of hand. She questioned the City Administrator regarding fiscal issues. The City Administrator referred to the letter from Supervisor Jim Silva to the City Administrator dated April 8, 1995 informing the City Administrator that the County has neither the resources nor an interest in pursuing an Agreement with the city and Koll to fund a third parry fiscal study and that any such analysis would have to be funded by either the city, Koff or both parties. He stated that the city had been told by a member of the county staff that it would be illegal to have the city a third party, however, the City Attorney Office stated otherwise. A motion was made by Bauer, seconded by Harman, that the city transmit the following proposed amendments to the Development Agreement because the Administration believes that it would give the city the strongest position in dealing with this problem. At the request of Councilmember Dettloff, Deputy City Attorney DeLaLoza reported that he believed the wording would provide the city with the desired protection. Development Agreement Language Change - Page 18, Section 4.1 1. Cost of Services and Facilities All costs of County and city services and facilities necessary to serve the development shall not be borne by existing Huntington Beach residents. Development Agreement Language Change - Page 26 Section 10 10. General Fund - City and County Before recordation of the first final tract map (except for financing or conveyance purposes), OWNER, COUNTY and CITY shall enter into a three party agreement to mitigate the fiscal impacts of the proposed development on the City and County General Funds, subject to the approval of the County Administrative Office and City Administrator. This agreement shall reflect an analysis of the fiscal impact of the entire development of the Bolsa Chica Local Coastal Program Land Use Plan area on the County General Fund using COUNTY'S fiscal impact methodology in effect at the time of that agreement. This agreement shall also reflect an analysis of the fiscal impact of the entire Bolsa Chica Local Coastal Program Land Use Plan area on the Ci 's General Fund using the CITY'S fiscal im act methodology in effect at the time of that agreement. Said fiscal impact analysis shall be prepared prior to filing of the first tentative tract map for approval. Following discussion, the motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, NOES: Leipzig, Green, Garofalo ABSENT: None 187 Page 9 - Council/Agency Minutes - 04/17/95 A motion was made by Sullivan, second Leipzig, that Council authorize those representing the city tomorrow to, in addition to what has already been passed, ask for a continuation of this matter until the fiscal impacts are resolved. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff NOES: Green, Garofalo ABSENT: None Councilmember Garofalo stated for the record the reasons he voted against the previous motion. The City Clerk requested clarification of the motion and asked if it included any of the staff recommended action. The Mayor stated that it was his interpretation that it was part of Mayor Pro Tern Sullivan's motion. The City Administrator stated it was his understanding that Council adopted the staff recommendation in total that incorporated in the agenda packet sent out last week which starts with items I, 1, 2, a, b, c and was so on in total which includes Pages Two and Three of the Request for Council Action excluding the Alternative Actions. (As listed below:) The motion: "Direct staff to prepare a letter to the Orange County Board of Supervisors, requesting the following: I. Continuance of Orange County Board of Supervisors' action on the Development Agreement until the following actions have been completed: 1. Development Agreement Language: Language is added to the Development Agreement that will adequately provide for mitigation of the City's fiscal impacts, as required by the Board of Supervisors' motion of December 14, 1994 and reference the service agreements between the County, and Koll Real Estate Group. 2. Resolution of Service Issues. a) Fire Service: Koll Real Estate Group has made an offer to provide $3.65 million to cover the City's capital costs for providing a fire station which will serve the Bolsa Chica area. The City is still negotiating with the Orange County Fire Authority (OCFA) to receive an adequate percentage of the fire fund to the City's operation and maintenance costs for serving the Bolsa Chica. The City is requesting continuance until the City has resolved its Fire Service issues with the OCFA and has adopted a Fire Service agreement with Koll Real Estate. OW" Page 10 - Council/Agency Minutes - 04117/95 b) Police Service: The Police Chief has met with representatives from the Sheriffs Office to discuss the possibility of a contract for City Police Service for the Bolsa Chica. The Sheriff's Office verbally indicated that they were not interested in contracting for City Police service for the area but has not yet provided a formal response. The City is still pursuing this issue and is requesting continuance until a written response has been received from Sheriff Gates on the City's request to provide Police Service to the Bolsa Chica under contract to the County and a program has been developed to mitigate the City's costs for providing Police Service to future residents of the Bolsa Chica. c) Libra[Iy Service: 1n light of financial status of the County Library System and the likelihood that the City will be the primary library service provider to the Bolsa Chica, the City believes that the Bolsa Chica development should be responsible for its share of capital and operation/maintenance costs to the City library system. The City is pursuing receipt of the library enrichment fee plus additional funds to cover its capital and operation/maintenance costs resulting from the Bolsa Chica development. The City is requesting continuance until the library service issue is resolved. I. If the County Board of Supervisors does not continue action on the development agreement in order to allow time to resolve the City's fiscal impacts and development agreement issues, the City requests that the County Board of Supervisors incorporate the City's recommended language to reflect the Board of Supervisors' motion by providing for the mitigation of the City's fiscal impacts. The development agreement, in its current form, violates the Board of Supervisors' December 14, 1994, motion which states that "...Prior to or concurrent with any Board action on a development agreement or final action on the Local Coastal Program for the project, a comprehensive plan addressing Sheriff/Police, fire protection and other necessary services shall be provided to the Board. Said plan shall be prepared in consultation with the City of Huntington Beach and provide specific recommendations and timetables to ensure the funding of services for the project. It is the policy of the Board that the costs of County and city services and facilities necessary to serve the development shall not be borne by existing residents. The comprehensive plan and recommended mitigation measures to be presented to the Board shall be consistent with this policy directive." (City Council PUBLIC HEARING CONTINUED OPEN FROM APRIL 3 1995 - RESOLUTION NO. 6666 - ADOPTED AS AMENDED - INCREASE TAXICAB RATES IN CITY - REQUEST BY COAST YELLOW CAB COOPERATIVE INCORPORATED - POLICE CHIEF DIRECTED TO PREPARE A REPORT ON PROCEDURES FOR COMPLAINTS (940.60) The Mayor announced that this was the day and hour set for the continuance from April 3, 1995 of a public hearing on Resolution No. 6666 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING NEW SCHEDULE OF RATES FOR TAXICAB COMPANIES and conduct a public hearing to consider a request by Coast Yellow Cab Cooperative, Incorporated to increase taxicab rates in the City of Huntington Beach by adoption of Resolution No. 6666. The change in rates proposed are as follows: (1) One dollar ninety cents ($1.90) for the first one -sixth (1/6) mile. 189 (2) Thirty cents ($.30) for each additional one -sixth (1/6) mile. Page 11 - Council/Agency Minutes - 04/17/95 (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 and a Memorandum dated March 27, 1995 from the Chief of Police regarding two issues raised at the March 6, 1995 Council meeting relative to the requested taxi -cab fare increase. The first issue was regarding 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. The Police Chief read the following wording which had been added to Resolution No. 6666: No. 6. "Senior Citizens 65 years of age and older, students with current identification and disabled persons will be given a ten percent (10% discount). The Police Chief informed Council that all three taxicab companies operating in the city had agreed to No. 6. The Mayor opened the public hearing. Bob Winchell, Huntington Beach Tomorrow, referred to the communication from Huntington Beach Tomorrow regarding this matter requesting that taxicabs be required to display a decal showing they are licensed to do business in the city and that a form for complaints or concerns be given to passengers when boarding a taxicab. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Garofalo, second Green, to adopt Resolution No. 6666 including Amendment No. 6 recommended by the Police Chief and directed that the availability of discount to students, seniors and disabled be made known to the seniors and Youth Board to advertise. In response to Councilmember Garofalo's question regarding a process for filing a claim against a cab company, the Police Chief stated that he was not aware of any literature that was made available to the customers. He stated that he could meet with the cab companies and suggest that it be made available. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 190 Page 12 - Council/Agency Minutes - 04/17/95 On motion by Garofalo, second Green, Council directed the Police chief to report back to Council regarding a procedure that can be implemented with taxi companies for a form to be provided to passengers for complaints. The motion carried unanimously. (City Council) PUBLIC HEARING - RES. NO. 6684 AND RES. NO. 6685 - ADOPTED AS AMENDED - GPA NO.94-1 - AREA BOUNDED BY 6TH1PCH18TH/FIRST PUBLIC ALLEY PARALLELING PCH - CODE AMENDMENT 92-5 - DOWNTOWN SPECIFIC PLAN "VILLAGE CONCEPT" AND DOWNTOWN PARKING MASTER PLAN - INTRODUCTION APPROVED OF ORDINANCE NO. 3280 - INCORPORATES CHANGES SUGGESTED BY THE CALIFORNIA COASTAL COMMISSION - - AGREEMENT AND ACCEPTANCE OF COASTAL COMMISSION'S MODIFICATIONS TO LCP NO. 3-94 - DOWNTOWN SPECIFIC PLAN (440.50) (640.10) (420.85) The Mayor announced that this was the day and hour set for a public hearings to consider the following: APPLICATION NUMBER. General Plan Amendment No. 94-1 APPLICANT: City of Huntington Beach LOCATION: An area generally bounded by Sixth Street, Pacific Coast Highway, Eighth Street and the first public alley paralleling Pacific Coast Highway. REQUEST: To amend the Land Use Element and Coastal Element of the City's General Plan which includes redesignating approximately 2.5 gross acres of property from Residential -High Density to Commercial -Visitor Serving and to amend pertinent text and exhibits in the Coastal Element. ENVIRONMENTAL STATUS: Environmental assessments were processed and completed in accordance with the California Quality Act. It was determined that General Plan Amendment No. 94-1 would not have any significant environmental effect and, therefore, Negative Declaration No. 94-7 was approved by the City Council on October 3, 1994. Uâ–º FBI APPLICANT NUMBER: Code Amendment No. 92-5 APPLICANT: City of Huntington Beach LOCATION: An area bounded by Goldenwest Street, Pacific Coast Highway and Beach Boulevard. REQUEST: To amend the Downtown Specific Plan and Downtown Parking Master Plan to include the suggested modifications as recommended by the Califomia Coastal Commission at their public hearing on March 9, 1995 191 Page 13 - CouncillAgency Minutes - 04/17/95 ENVIRONMENTAL STATUS: It was determined that Code Amendment No. 92-5 is covered by Environmental Impact Report No. 82-2. The City Clerk presented for Council adoption Resolution No. 6684 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING MODIFICATIONS TO THE COASTAL. ELEMENT OF THE HUNTINGTON BEACH GENERAL PLAN AS SUGGESTED BY THE CALIFORNIA COASTAL COMMISSION (LCP AMENDMENT 3-94)." and, Ordinance No. 3280 for Council introduction -"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN TO INCORPORATE CHANGES SUGGESTED BY THE CALIFORNIA COASTAL COMMISSION." A communication from the Community Development Director was received and distributed to Council transmitting Resolution No. 6685 which indicates agreement and acceptance by the City Council of the suggested modifications recommended by the California Coastal Commission as part of their approval of Local Coastal Program Amendment No. 3-94. The Community Development Director presented a staff report. She spoke regarding the Coastal Commission's approval with modifications. Herb Fauland, Senior Planner, reported. Mayor Leipzig declared the public hearing open. He also declared the public hearing open on the Agenda Item regarding Code Amendment 92-5, Downtown Specific Plan "Village Concept" and Downtown Parking Master Plan, introduction of Ordinance No. 3280 incorporating changes suggested by the California Coastal Commission. Richard Harlow spoke in support and requested that some of the California Coastal Commission recommendations be reviewed and possibly refined. There being no one further to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion as made by Dettloff, seconded by Green, to approve General Plan Amendment No. 94- 1, incorporating the suggested modifications recommended by the California Coastal Commission by adopting Resolution No. 6684. The motion carried by the following roll call vote. AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 19 Page 14 - Council/Agency Minutes - 04117195 A motion was made by Green, seconded by Dettloff, to approve Code Amendment No. 92-5, the Downtown Specific Plan rewrite and Downtown Parking Master Plan incorporating the suggested modifications recommended by the California Coastal Commission based upon the findings outlined in Attachment No. 1 to the Request for Council Action dated April 17, 1995 by approving introduction of Ordinance No. 3280 after reading by title and adopt Resolution No. 6685. The motion carved by the following roll call vote. AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) RELATED ITEM - RESOLUTION NO. 6685 - ADOPTED - AGREEMENT AND ACCEPTANCE OF COASTAL COMMISSION'S MODIFICATIONS TO LOCAL COASTAL PROGRAM NO. 3-94 (DOWNTOWN SPECIFIC PLAN) - FURTHER REPORT BY PLANNING DEPARTMENT REQUESTED REGARDING MIXED USE (420.85) The City Clerk presented a communication from Director of Community Development transmitting Resolution No. 6685 which indicates agreement and acceptance by the City Council of the suggested modifications recommended by the California Coastal Commission as part of their approval of Local Coastal Program Amendment No. 3-94. A motion was made by Green, second Dettloff, to adopt Resolution No. 6685 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH WHICH ACKNOWLEDGES RECEIPT OF THE COASTAL COMMISSION ACTION AND ACCEPTS AND AGREES TO AMEND THE DOWNTOWN SPECIFIC PLAN AND THE COASTAL ELEMENT PURSUANT TO LOCAL COASTAL PROGRAM AMENDMENT NO. 3-94." The motion tamed by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Council directed the Planning Department to return with a report on the extent and nature of mixed use in the downtown and their views on its future. CONSENT CALENDAR - ITEMS APPROVED On motion by Green, second Sullivan, Council approved the following items, as recommended by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Norte ABSENT: None 193 Page 15 - Council/Agency Minutes - 041/7/95 (City Council/Redevelopment Agency) MINUTES - APPROVED AND ADOPTED - Approved and adopted minutes of the Council/Agency adjourned regular meetings of January 23, 1995 and January 28, 1995 as written and on file in the Office of the City Clerk. (City Council) SEVENTEENTH STREET STORM DRAIN - PHASE 1A - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-845- APPROVED (600.60) - (1) Approved final plans and specifications, and directed the City Clerk to advertise for bids for the Seventeenth Street Storm Drain, Phase 'IA, and (2) approved the sample contract subject to award of contract to the lowest responsible bidder, Engineer's estimate $131,500. (City Council YORKTOWN STREET WIDENING PROJECT - DELAWARE STREET TO BEACH BOULEVARD - CC-884 - ACCEPTANCE OF DEED AUTHORIZED (650.20) - (1) Authorized the Real Estate Services Director to acquire for the City the property at 712 Yorktown Avenue for a total amount not to exceed $67,000 and (2) authorized the City Clerk to accept the deed on behalf of the City. (City Council) BID AWARD - APPROVED_- CLARKE CONTRACTING CORPORATION - WARREN LANE PARALLEL SEWER AND BANNINGIBUSHARD SEWER REHABILITATION PROJECTS - CC-840 AND CC-844 (600.60) - (1) Accepted the low bid and award the city funded Construction Contract between the city and Clarke Contracting Corporation for Warren Lane Parallel Sewer and the Banning Avenue Sewer Lift Station Projects, CC-840 and CC-844, and authorized the Mayor and City Clerk to execute same; (2) authorized staff to appropriate $230,226.00 from the unreserved, undesignated sewer fund balance to cover the additional cost of construction and supplemental expenses, and (3) authorized the Public Works Director to expend $385,226.00 to cover contract cost of $327,478.00, estimated construction change orders of $32,748.00, anticipated supplemental expenses of $25,000.00 and rejected all other bids. (City CounciQ ANNOUNCEMENT OF PUBLIC HEARING ON PROPOSED MASSAGE ESTABLISHMENT AND MASSAGE TECHNICIAN FEE INCREASE - SCHEDULED FOR MAY 15, 1995 (340.20) - Approved the following announcement of the proposed plan to revise the Massage Establishment and Massage Technician fees: "A public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chambers of the Civic Center, Huntington Beach, at the hour of 6:30 p.m. or as soon thereafter as possible on Monday, May 15, 1995 for the purpose of considering revisions to the Massage Establishment and Massage Technician Fee Schedule. "The proposed revisions are as follows: (1) Massage Technician Application (HBMC 5.24.090) $125; (2) Massage Technician, Change of Location $50, (3) Permit for Massage Establishment Operation $500, (4) Annual Renewal (Technician) $75, (5) Annual Renewal (Establishment) $250". 194 Page 16 - Council/Agency Minutes - 04/17/95 (City Council) AMENDMENT NO. 1 - ENGINEERED AUTOMATION SYSTEMS, INCORPORATED - PROFESSIONAL SERVICES CONTRACT- APPROVED (600.10) - Approved and authorized execution of Amendment No. 1 to the Agreement between the city and Engineered Automation Systems, Incorporated for engineering services to Design Energy Conservation of HVAC Air Handlers in the amount of $29,300. (City Council RESOLUTION NO. 6687 - ADOPTED - OFFICE OF CRIMINAL JUSTICE PLANNING GRANT PROPOSAL TITLE V DELINQUENCY PREVENTION PROGRAM - APPROPRIATION OF FUNDS (340.80) - Adopted Resolution No. 6687 outlining the city's commitment to enter into a Grant Award Agreement with the Office of Criminal Justice Planning (OCJP) if the city is selected for a grant award - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING SUBMISSION OF A GRANT PROPOSAL TO THE OFFICE OF CRIMINAL JUSTICE PLANNING (OCJP) and approved an appropriation of $50,000 from the unappropriated General Fund. Every attempt will be made to use in -kind contributions to cover the $50,000. City to receive $250,000 each year for three years with twenty percent (20%) city match each year. (City Council AUTHORIZED FIRE CHIEF TO SUBMIT INITIAL CONTRACT FIRE SERVICES PROPOSAL TO THE CITY OF WESTMINSTER (600.10) The City Clerk presented a communication from the Fire Chief requesting Council authorization to submit an initial proposal for contracting fire services to the City of Westminster. The City of Westminster had requested proposals for providing contract fire services with a submittal deadline of April 30, 1995 for initial proposals only. Final proposals are due to Westminster May 18, 1995. Council will be able to consider specifics of the final Huntington Beach proposal before giving Council approval at the May 15, 1995 Council meeting. Councilmember Sullivan stated that he would like a special study session to evaluate the proposal. The Fire Chief reported. Discussion was held between the Council and Fire Chief. On motion by Sullivan, second Dettloff, Council appointed a Council Committee consisting of Mayor Leipzig, Councilmembers Garofalo and Sullivan on the issue. The Mayor stated that a meeting would be held Friday, from 3 p.m. to 5 p.m. on May 12, 1995. The motion carried unanimously. 195 Page 17 - Council/Agency Minutes - 04/17/95 Ci Council RESOLUTION NO. 6683 - ADOPTED - DESIGNATING DATES FOR CLOSING OF PACIFIC COAST HIGHWAY FOR JOE MOLLOY MEMORIAL PUBLIC SAFETY TRIATHLON POLICE CHIEF TO REPORT BACK REGARDING ISSUE OF WAIVER OF SPECIFIC EVENT INSURANCE REQUIREMENTS (800.60) The City Clerk presented a communication from the Police Chief transmitting Resolution No. 6683 and requesting that Council waive the city's specific event insurance requirement for the Joe Molloy Memorial Public Safety Triathlon and self -insure the event. Resolution No. 6683 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO REQUEST THE CLOSURE OF PUBLIC STREETS FOR A SPECIFIC EVENT." Resolution declares the city's intention to close portions of Pacific Coast Highway (SR 1) between Warner Avenue and Sixth Street from 6:00 a.m. and 11:00 a.m. for this event. The event is co -sponsored by the City of Huntington Beach, Cities of Fullerton and Anaheim and the proceeds of the event are for charity. Councilmember Sullivan questioned the liability factor and Deputy City Attorney DeLaLoza spoke regarding the legal ramifications. The Police Chief reported. Discussion was held. Councilmember Garofalo stated that he did not believe Council should ever waive insurance. Further discussion was held. A motion was made by Garofalo, second Leipzig, to adopt Resolution No. 6683 with the condition that the Police Chief return in a week to explore the insurance issue. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Bauer ABSENT: None (City Council) CITY FIRE DEPARTMENT AMBULANCE PROGRAM - DEFERRED TO MAY 1. 1995 (510.50) The City Clerk presented a transmittal from the Fire Chief, submitted pursuant to Council direction, of the one-year review of the Ambulance Program which includes a report of operating costs, revenues, and establishment of a separate Ambulance Equipment Replacement Account funded by program savings. The City Council also requested staff to submit a repayment plan to the General Fund Reserve for the $447,903 one-time startup cost. Copies of the Fire Chief's slide report on the City Ambulance Program was received and distributed to Council. On the recommendation of the City Administrator the issue of the city Fire Department Ambulance Program was deferred to May 1, 1995. 196 Page 18 - Council/Agency Minutes - 04/17195 (City Council) CITY COUNCIL POLICY FOR RESPONSE TO PROPOSED LEGISLATION PENDING BEFORE OTHER LEGISLATIVE BODIES - POLICY TO BE IMPLEMENTED FOR THREE MONTH TRIAL PERIOD (120.10) The City Clerk presented a communication from Deputy City Administrator Rich Barnard transmitting a proposed City Council policy for response to proposed legislation pending before other legislative bodies to ensure the city's voice is heard at the County, State, and Federal levels of government. The Mayor reported on the proposed policy. Councilmember Green stated that he would recommend removal of the portion of the proposed policy requiring that individual City Council members, City Administrator and City Department Heads may only communicate on city letterhead their professional concerns on pending legislation as long as their position is not contrary or in conflict with City Council policy. Councilmember Green stated that he would recommend removal of said working as even the Supreme Court allows a minority opinion. Discussion was held regarding the proposed policy. On motion by Sullivan, second Green, Council approved trying the following City Council Policy as recommended with the deletion of the wording referred to by Councilmember Green. 1. The City Clerk shall include an additional heading on the City Council Agenda entitled Legislative Matters Pending Before a Federal, State, or Local Legislative Body. Under this heading, the City Administrator through the City Clerk would include copies of: a.) Correspondence the city receives in which the city is requested to take positions on State, Federal, or local government legislative matters. b.) Copies of the California League of Cities weekly Legislative Bulletin requesting the city to take positions on matters pending before a governmental legislative body. These matters will be summarized by bill number or topic on the agenda. c.) Requests from the City administrator and/or City Department Heads for the City Council to take a position on a pending legislative matter. Under the new agenda heading an action can be taken by the City Council to authorize the Mayor, on behalf of the city, to transmit a letter of support or opposition on any of the matters listed on the agenda. With the City Council authorization, the Mayor could then contact appropriated State Legislators or their staff and communicate the "city's" position to them. 197 Page 19 - Council/Agency Minutes - 04/17/95 2. It shall be the policy of the Huntington Beach City Council that all written letters or verbal communications regarding "city" support or opposition to pending legislation to be communicated to another legislative body or their staff, shall be derived by formal action of the City Council. Individual City Council members, the City Administrator, and City Department Heads may communicate on city letterhead their professional concerns regarding pending legislation as long as their position does not state a "city" position without a formal action by the City Council. The motion carried by the following roll call vote: AYES: Sullivan, Leipzig, Dettloff, Green, NOES: Harman, Bauer, Garofalo ABSENT: None (City Council/Redevelopment Agency) AUTHORIZATION TO SEND POSITION LETTERS OF SUPPORT ON AS 37, AB 201 AND SB 872 AND NO ACTION ON RESOLUTION NO. 6686 REGARDING MEASURE A - EL TORO AIRPORT - MOTION FAILED REGARDING LETTER TO THE FEDERAL COMMUNICATIONS COMMISSION (FCC) RELATIVE TO CELLULAR FACILITIES (640.40) The City Clerk presented a communication from Rich Barnard, Deputy City Administrator, requesting City Council authorization for the Mayor to send letters of support or opposition on the following pending legislation before the State Legislature. AS 37 - (Pringle) - Support - Designates the County of Orange as the state recognized reuse authority for the purposes of planning the conversion of MCAS, El Toro. AB 201 - (Allen) - Support - Allocates $76,160,000 from a Special Account for Capital Outlay to the Department of Water Resources for allocation to the Orange County Flood Control District. SB 623 - (Peace) - Support or Neutral - Adds to existing law a felony wobbler so that those individuals who sell illegal converter boxes for personal profit can be charged with either a misdemeanor or a felony depending on the circumstances involved. SB 872 - (O'Connell) - Support - Requires the administrator in regard to an Oil Spill to establish a united incident command team which includes one local jurisdiction representative. Resolution No. 6686 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO INTERVENE IN THE LITIGATION CHALLENGING MEASURE A." Request FCC to deny a petition for rule that would pre-empt local authority over cellular facilities. Page 20 - Council/Agency Minutes - 04/17/95 On motion by Dettloff, second Leipzig, Council authorized the Mayor to send letters of support regarding AB 37, AS 201 and SB 872 by the following roll call vote: AYES: Sullivan, Leipzig, Dettloff, Green NOES: Bauer ABSENT: None ABSTAIN: Harman, Garofalo Motion To Take No Action On SB 623 - illegal Converter Boxes - Approved A motion was made by Dettloff, second Leipzig, to state a neutral position on SB 623 (Illegal Converter Boxes). The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Green, Garofalo NOES: Dettloff ABSENT: None No Action Taken - El Toro Airport - Challenge To Measure A Council took no action on Resolution No. 6686 regarding El Toro Airport and proposed Challenge to Measure A. Motion To Support Petition To Pre-empt Local Authority - Cellular Facilities - FAILED A motion was made by Dettloff, second Leipzig, to authorize the Mayor to send a letter to the FCC requesting the FCC to deny a petition for rule that would pre-empt local authority over cellular facilities. The motion FAILED by the following roll call vote: AYES: Leipzig, Dettloff, Green NOES: None ABSENT: None ABSTAIN: Harman, Bauer, Sullivan, Garofalo (City Council) ORDINANCE NO. 3279 - ADOPTED - SEABRIDGE SPECIFIC PLAN (640.10) The City Clerk presented Ordinance No. 3279 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE SEABRIDGE SPECIFIC PLAN." The public hearing and introduction were approved as amended on April 3, 1995. Centerstone Development Company, Code Amendment No. 94-5, Negative Declaration No. 94-21, east of Beach Boulevard and south of Adams Avenue. After a reading by title, on motion by Green, second Harman, the following ordinance was adopted by roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None IM Page 21 - Council/Agency Minutes - 04117195 (City Council) ORDINANCE NO. 3277 - ADOPTED - SUB -LEASE OF MOBILE HOMES (640.10) The City Clerk presented Ordinance No. 3277 for Council adoption - "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." Ordinance introduction was approved, as amended, on April 3, 1995. After a reading by title, on motion by Dettloff, second Green, the following ordinance was adopted by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) ORDINANCE NO. 3267 - MASSAGE LICENSING - DEFERRED FOR FURTHER STAFF WORK (640.10) The City Clerk presented Ordinance No. 3267 for Council adoption - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 5.24 THEREOF RELATING TO MASSAGE LICENSING." Ordinance introduction approved, as amended, on April 3, 1995, The City Administrator requested the massage ordinance be deferred for further staff work on the language. (City Council) Discussion Held Regarding City Council Appeals Of Planning Commission Actions - Staff Report Requested Regarding Change In Appeal Procedure For City Council and Planning Commission Members (120.10) The City Clerk presented a communication to Councilmember Peter Green from the Community Development Director via the City Administrator regarding Councilmember Green's request for an analysis of the City Council's appeals of Planning Commission actions for the last three years. The request also included an analysis of the fees not collected, possible impact on the budget, current city policy, written or unwritten, and the practice of other cities. Discussion was held regarding the number of Councilmembers needed to agree to file an appeal and Deputy City Attorney DeLaLoza cautioned that the Brown Action must be examined as to its possible impact on this issue. 200 Page 22 - Council/Agency Minutes - 04/17/95 Following discussion, on motion by Green, second Garofalo, Council directed that this matter be referred to the staff to examine the feasibility of amending the Huntington Beach Municipal Code Section 248.28 Subpart A of Chapter 248 to include the following language: "That a minimum of two Councilmembers or a minimum of two Planning Commissioners may appeal a decision of the Director, Design Review Board, Environmental Commission, Subdivision Committee, Planning Commission or Zoning Administrator." The motion carried by the following vote: AYES: Sullivan, Dettloff, Green, Garofalo NOES: Harman, Bauer Leipzig ABSENT: None (City Council Procedure For Controlling Trash Scavenging - Continued to May 1 1995 (100.10) Councilmember Dettloff informed the Council and audience that she would like to address her item regarding the control of trash scavenging at a meeting at which it could be heard at an earlier time. (City Council) Resolution No. 6688 - Adopted - Opposes Orange County Board of Supervisors Proposal To Import Trash To County Landfills (120.70) The City Clerk presented Resolution No. 6688 proposed by Councilmember Green - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING THE PROPOSAL. BY THE ORANGE COUNTY BOARD OF SUPERVISORS TO IMPORT TRASH INTO ORANGE COUNTY LANDFILLS." A motion was made by Sullivan, second Garofalo, to adopt Resolution No. 6688 and transmit said resolution together with a strong letter of opposition to the Orange County Board of Supervisors. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ? 3SENT: None (City Council) Ordinance Code Reciardina Adult Businesses - Community Development Director To Report May 1. 1995 (640.10) Councilmember Bauer presented a proposal that the ordinance worsting in the city's current Planning and Zoning Code relative to adult businesses be returned to the wording which was in effect prior to the rewrite and adoption of the new City Planning and Zoning Code. The Community Development Director stated that her department was preparing a report on this issue for the May 1, 1995 Council meeting. 201 Page 23 - Council/Agency Minutes - 04/17/95 (City Council) Request That Council Petition The County Of Orange_To Extend Hours Of Operation At Their Hazardous Waste Material Station In Huntington Beach - City Administrator And Director Of Public Works To Draft Letter (520.20) The City Clerk presented a communication from Councilmember Bauer requesting that Council petition the county to extend the hours of operation of the Hazardous Waste Material Station. The current hours of operation on Saturday from 2 p.m. to 9 p.m. or 100 cars whichever is least. The consequences of this practice is that hazardous waste is being dumped randomly throughout the city or being dumped at Rainbow Disposal Pickup Service site. A communication was received and distributed to Council from Ron Shenkman, Marketing and Public Affairs Director, dated April 17, 1995 regarding Household Hazardous Waste Collection Center Closure Dilemma. Following discussion, it was determined that the Public Works Director and the City Administrator would draft a letter regarding this issue. ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 12:35 a.m. to Monday, April 24, 1995 at 5:00 p.m. in Room B-8 Council Chambers, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: ce City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 202