HomeMy WebLinkAbout1991-10-21MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Room B-8, Civic Center
Huntington Beach, California
Monday, October 21, 1991
A tape recording of this meeting is
on file in the City Clerk's Office.
Mayor Green called the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m.
__COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
PRESENT: MacAllister, Winchell, Silva, Green, Robitaille
Kelly arrived at 5:40 p.m.
Moulton —Patterson arrived at 5:35 p.m.
ABSENT: None
NEW EMPLOYEE INTRODUCED — LE,IG _ DeMH &. PROJECT _MANAGER — BLOCK GRANT
PROGRAM
Barbara Kaiser, Deputy City Administrator/Economic Development, introduced
Leigh DeSatis, Project Manager (Block Grant Program), a new employee with the
City.
(CityCouncil) DISCUSSION HELD RE: PUBLIC HEARING QN APPEAL TO REVISION QF
CONDITIONAL —USE PERMIT NO. 90-50 — EXPAND LIVE ENTERTAINMENT, ADD DANCE AREA &
EXTEND HOURS TO 2 A.M. — NI,CCCLE'S RISTORANTE_ (420.40)
Mike Adams, Community Development Director, stated that the primary issue that
is requested in the Revision of Conditional Use Permit No. 90-50 is the hours
of operation.
Following discussion, Mayor Green requested that the staff report given by the
Community Development Director at the 7 p.m. meeting include the definition of
a caberet to answer when a restaurant becomes a caberet.
(City Council) DISCUSSION -HELD RE: BLI EARIN REALLOCATION OF
COMMUNITY DEVELOPMENT_BLOCK GRANT PROGRAM INCOME (CDBG) FUNDS TQ.—McCALLEN PARK
PROJECT (340.70)
Councilmember MacAllister verified that the item pertaining to the realloca—
tion of Community Development Block Grant Program income funds to McCallen
Park Project was to make it legal on the accounting side.
183
Page 2 - Council/Agency Minutes - 10/21/91
(City un it /Redevelopment Agency) DISQSSION HELD RE: LANDSCAPING - I-405
& BEACH BOULEVARD FREENAY INTERCHANGE (410.10)
In answer to Councilmember Robitaille's inquiry, Mayor Green stated the item
pertaining to Beach Boulevard Freeway Interchange would be removed from the
agenda.
(CityCouncil) DISCUSSION HELD RE: THEFT OF CABLE TELEVISION SERVICE. -
RESOLUTION NO 6326 (100.10)
In answer to Councilmember Winchell's inquiry, Deputy City Attorney Sangster
stated the city was not obligated to provide legal services.
Following discussion Mayor Green stated the item pertaining to theft of cable
television service would be removed from the agenda.
(Redevelopment Agency) DISCUSSION HELD RE: H NTIN TON BEACH AUTO MALL
FEASIBILITY ANALYSIS (440.10)
Councilmember Winchell stated she was supportive of the item pertaining to the
Huntington Beach Auto Mall Feasibility Analysis but had some concerns.
(City Council) DISCUSSION HELD RE: VIDEO.. PRODUCTION - HUNTINGTON BEACH CABLE
TV CHANNEL 3 (100.10)
Councilmember MacAllister requested that the item pertaining to the video
production be continued to the next regular Council meeting.
(Cityn it DISCUSSION HELD RE: CENTRAL LIBRARY EXPANSION - PLANS
SPECIFICATIONS - CALL FOR BID - APPROVAL OF CONTRACT - CC-740 (600.80)
Following discussion, Councilmember MacAllister requested that the item per-
taining to the Central Library expansion be heard at the 7 p.m. meeting before
the Consent Calendar items.
STUDY SESSION KITH SENATOR MARIAN BERGESON REGARDING STATE RELATED ISSUES
Senator Marian Bergeson reported on the fiscal picture of the State of
California stating the issue of the budget is the overriding concern.
Discussion was held between Council and Senator Bergeson pertaining to future
growth, business encouragement, affordable housing, and revenue sharing.
CLOSED SESSION
The Mayor called a Closed Session of the City Council pursuant to Government
Code Section 54957.6 to meet with its designated representatives regarding
labor relations matters - Meet & Confer. (120.80)
The Mayor called a Closed Session of the Redevelopment Agency pursuant to
Government Code Section 54956.9 (b)(1) to confer with its attorney regarding
pending litigation - Pierside Lease Termination. (120.80)
Page 3 - Council/Agency Minutes - 10/21/91
The Mayor called a Closed Session of the City Council pursuant to Government
Code Section 54956.9(a) to confer with attorney regarding pending litigation -
Dai-Ichi Kangyo Bank of California. (120.80)
ADJOURNMENT - COLiN W REDEVELOPMENT AGENCY
Mayor Green adjourned the adjourned regular meetings of the City Council and
the Redevelopment Agency of the City of Huntington Beach to 7 p.m., Monday,
October 21 , 1991, Council Chamber.
City Clerk/Clerk
1
Clerk of the Redeve pment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Hu Beach, California
Cha rman
1.85
1
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, October 21, 1991
A videotape recording of this meeting is
on file in the City Clerk's Office.
Mayor Green called the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 7 p.m.
ROLL CALL
PRESENT: MacAllister, Winchell,
Moulton -Patterson
ABSENT: None
FLAG CEREMONY AND INVOCATION
Silva, Green, Kelly, Robitaille,
The Flag Ceremony and invocation was conducted by Brownie Troop 961 from
Harbor View School.
COMMENDATION - JENNIFER KRILL -
Mayor Green presented a plaque of commendation to Jennifer Krill, Catcher and
Outfielder on the Orange County Batbusters, the Amateur Softball Association
National Champions of 1991.
PROCLAMATION - EPISCOPAL SERVICE ALLIAN - 1 12 ! 1 - "WALK OF LOVE" DAY
Mayor Green presented a proclamation designating October 26, 1991 as "Walk of
Love" Day to Charlene Duche, Episcopal Service Alliance.
PUBLIC COMMENTS
George Arnold spoke pertaining to the city budget.
David Anthony and Warren Carter, from Golden West College, spoke in support of
the item pertaining to video production stating it would be an outreach for
students that they would not otherwise have..
r1rWrI.,
Page 2 - Council/Agency Minutes - 10/21/91
In answer to Councilmember Kelly's inquiry, David Anthony stated he was in
agreement with the memorandum from Sill Reed, Public Information Officer,
pertaining to the types of programs.
Carol Van Asten distributed material to Council and spoke pertaining to the
drug problem at the Utica/Delaware/Beach area.
The City Administrator stated the Police Chief would report on the matter at
the end of Public Comments.
Maria Rosales, translated by Margarita Barriga, asked for help from Council
for the drug problem at Utica. She stated her four children play around
persons dealing drugs armed with knives and guns.
Margaret Bogard,, Carden School teacher, urged Council's help with the drug
problem at her area surrounding Carden School. She stated she believed the
apartment owners should be held responsible.
Shirley Czimber, owner of Carden School, stated she had lost considerable
income due to the drug problem in the neighborhood surrounding her school.
Margarita Barriga. stated she had worked eight years at Carden School and that
she believed that drug dealing went on 24 hours a day. She stated that some
families living in the nearby apartments had not complained because they do
not speak English.
Ira complained about the run-down conditions at her apartment. She distri-
buted pictures to Council.
Martin Espinoza stated the drug problem had escalated and is a big problem at
the Utica/Delaware/Beach area.
Following discussion between Council and staff, the Community Development
Director stated someone would be sent to investigate the matter Tuesday,
October 22, 1991.
Ursula ,Whiteford, Carden School employee, distributed photos to Council and
stated she had been before Council before urging help for the drug problem in
her area. She stated she believed there should be more undercover agents for
enforcement.
Stan Stovall, apartment building owner, stated he had made an ardent effort to
make repairs at his building and stated the apartment Ira had rented had been
totally renovated.
Michael Engstron complained about the apartment managers at 721 Utica Avenue.
He stated people had been living there fourteen years with no repairs to the
apartments. He stated the rent had been raised in August and now there was
another request to have the rent raised. He stated the apartment Ira had
rented had not been renovated.
Dave Burris stated this was the fifth time he had been before Council in a
year and a half about the drug problem at Utica and Florida. He stated there
was a need for 24-hour, seven-day police surveillance including a foot patrol.
Mel Heckman, part owner of 721 Utica Avenue, stated he had been at the
187 apartment building 3:30 p.m.-6:30 p.m. daily.
Page 3 - Council/Agency Minutes - 10/21/91
Police Chief Lowenberg distributed material on the Citizens' Task Force and
spoke regarding the Citizens' Task Force meetings. He reported on the illegal
drug activity and the undercover operations by the Police Department.
Following discussion between Council and staff pertaining to the use of drug
seizure money for a mobile substation, the City Administrator stated staff
would return to Council in a study session with what resources were available,
how the resources were being deployed, and what was needed.
Discussion was held between Council and staff pertaining to the effectiveness
of the Neighborhood Watch Program.
Don Stephens, American Car Dealers' Association member, stated the Association
had accepted and approved the report on the item pertaining to the Huntington
Beach Auto Mall Feasibility Analysis.
(Cityn it PUBLIC HEA IN - APPEAL DENIED - REVISION OF ONDITIONAL USE
PERMIT NO. 90-50 - APPROVED AS AMENDED - EXPAND LIVE ENTERTAINMENT & EXTEND
HOURS TO 1 A.M. (420.40)
The Mayor announced that this was the day and hour set for a public hearing
continued open from October 7, 1991 to consider the following:
APPLICATION NUMBER: Revision to Conditional Use Permit No. 90-50
APPELLANT: Gus Zisakis
APPLICANT: Michael Niccole
L ATI N: 520 Main Street - Niccole's Restaurant
ZME: Downtown Specific Plan - District b
REQUEST: Appeal to revision to Conditional Use Permit No. 90-58 to expand
live entertainment to include musical accompaniment to an existing piano, add
informal dancing area and extend hours of operation to 2:00 AM.
ENVIRONMENTALTATUS: Categorically exempt pursuant to Section 15301, Class 1
of the California Environmental Quality Act.
COASTAL STATUS: The proposed revision is exempt from a Coastal Development
Permit pursuant to Section 989.5.2 of the Huntington Beach Ordinance Code.
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published, and posted.
A letter from Harold A. Ducote, Jr., dated October 2, 1991, was distributed by
Administration. Letters of opposition had been received October 2, 1991 at
the City Clerk's Office by Mrs. Lynn Schang and Mike Foell.
Mike Adams, Community Development Director, presented a staff report. He
referred to the letter written by Harold Ducote, Jr., Attorney at Law.
In answer to Councilmember Green's inquiry, the Community Development
Director, gave the definition for night club.
Page 4 — Council/Agency Minutes — 10/21/91
The Mayor declared the public hearing open.
Lynn Schang spoke in opposition of the appeal to the revision of Conditional
Use Permit No. 90-50 due to the increased traffic, noise, and requested hours
of operation being the same as those of a nightclub. She stated families
lived on the same block. She stated that she did not receive notice of the
hearing because she is a renter.
In answer to Councilmember Kelly's inquiry of whether the concern was there
because of noise that is happening or noise that may happen, Lynn Schang
stated her concern was due to noise that may happen.
Hargld A. Ducote. Jr., attorney for appellant, spoke in opposition of the
appeal to the revision of Conditional Use Permit No. 90-50
Gas Zisakis, appellant, stated the reasons he believed the appeal of Condi—
tional Use Permit No. 90-50 would devalue his property. He read and presented
seventeen handwritten letters to the Council and City Clerk.
Michael Ni„ccole, applicant, spoke in support of the appeal of Conditional Use
Permit No. 90-50, distributed material to Council and stated he had tried to
be a good neighbor.
Councilmember Silva questioned Michael Niccole pertaining to parking.
D v n Niccole stated he had washed cars and passed out roses at the restaurant
parking log. He stated he had an informal petition bearing approximately 550
signatures of persons in support of the appeal of Conditional Use Permit No.
90-50. (The petition had been given to the City Clerk.)
Ch4rlene Pellin spoke in support of the appeal of Conditional Use Permit No.
90-50. She stated the extended hours would permit dining at Niccole's after a
movie. She stated the Niccoles' were active in MADD and that a disco and
heavy drinking was not the intention of the extended hours.
Geri Kinsey spoke in support of the appeal of Conditional Use Permit No. 90-50
and stated it would be nice to have soft entertainment in Huntington Beach.
Sharon SiLad-a—Lee Sit—Leeand Terry Olson spoke in opposition of the appeal to the
revision of Conditional Use Permit No. 90-50 due to the extension of operating
hours in a mixed —use area and parking.
Susan Zisakis presented a poster to Council and spoke in opposition of the
appeal to the revision of Conditional Use Permit No. 90-50. She stated the
employees park on the street creating noise and that she did not believe that
Niccole's were good neighbors.
Jo Crgig showed a poster indicating residential and commercial properties in
the area and stated that District 6 was to be a transition between residential
and commercial. She spoke in opposition of the appeal to the revision of Con-
ditional Use Permit No. 90-50. She stated that to operate to 2 a.m. with
entertainment and alcohol would make the restaurant a caberet.
David Komendat, Mi-chael Cox, Melani Hurwitz, and Anthony PsIterno spoke in
support of the appeal of Conditional Use Permit No. 90-50.
Owes le Forestier, Niccole's Manager, spoke in support of the appeal of
l a g Conditional Use Permit No. 90-50, and he presented his background of twenty
years' experience.
Page 5 - Council/Agency Minutes - 10/2119)
In answer to Councilmember Silva's inquiry pertaining to the noise problem,
Jacques le Forestier stated all efforts had been made to correct complaints.
He stated that employees were not to go out the back door after 10 p.m.
In answer to Mayor Green's inquiry, Jacques le Forestier stated the kitchen
closes at 10 p.m.
Beverly Clark spoke in support of the appeal of Conditional Use Permit No.
90-50 and stated she had an informal petition bearing approximately 270 signa-
tures of persons in support of musical accompaniment to existing piano enter-
tainment, adding a 115 square foot dance area, and extending operating hours.
(Petition on file in City Clerk's Office)
Loretta Holfe spoke in opposition of the appeal of Conditional Use Permit No.
90-50 stating parking was not adequate and that the proposed hours of opera-
tion was a problem in a mixed -use district.
Dianne Easterling spoke in opposition of the appeal of Conditional Use Permit
No. 90-50 and stated this type of mixed -use was not peaceful co -existence.
She stated she was in favor of alternative action number two.
Kelly Gifford spoke in support of the appeal of Conditional Use Permit No.
90-50 and stated he was in favor of extended hours of operation and entertain-
ment.
Gordon Bricken stated he was an accoustical engineer hired by Niccole's, and
he reported on the noise levels.
Adriaan Mechielsen, designer of Niccole's, described the dance floor area and
stated it was not for a disco.
Natalie Kotsch spoke in support of the appeal of Conditional Use Permit No.
90-50 and stated she believed Dr. and Mrs. Niccole had been good neighbors.
Al Fink spoke in support of Niccole's Restaurant, stated they provided a good
catering service and distributed two photographs to Council.
Mary Ellen Houseal spoke in support of the appeal of Conditional Use Permit
No. 90--50, stated Niccole's was needed for visitors and that the patrons were
not rowdy.
Stephen Sutherland stated he had known Dr. Niccole for five years and had done
volunteer work with him in Mexico. He spoke in support of the appeal of Con-
ditional Use Permit No. 90-50.
John Busher, on behalf of appellant, spoke in opposition of the appeal of
Conditional Use Permit No. 90-50. He presented the City Clerk with a communi-
cation from Phil Zisakis dated July 11, 1991.
Leo Soukeris stated that as a realtor he believed the value of the surrounding
apartments will go down due to the noise of the restaurant.
James Barone, Attorney at Law for applicant, spoke in support of the appeal of
Conditional Use Permit No. 90-50 and stated that Niccole's was an adult high
class restaurant requesting light entertainment and a very small dance floor.
He stated the concerns from the residents were the result of fear.
Page 5 - Council/Agency Minutes - 10/21/91
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing was closed by the
Mayor.
A motion was made by Winchell, seconded by Green, to uphold the appeal with
amended findings.
Following discussion, Deputy City Attorney Sangster reported that the Condi-
tional Use Permit issued with the occupant runs with the land and the
successor would have the benefit of that entitlement
The Community Development Director stated there would be a new Conditional Use
Permit and insurance for each new business.
The motion made by Winchell, seconded by Green, to uphold the appeal with
amended findings FAILED by the following roll call vote:
AYES: Winchell, Green
NOES: MacAllister, Silva, , Kelly, Robitaille, Moulton -Patterson
ASSENT: None
A motion was made by MacAllister, seconded by Moulton -Patterson, to deny the
appeal and approve revision to CUP 90-50 based on amended Findings and
Conditions of Approval.
The maker of the motion stated he would accept Councilmember Winchell's
requested condition that a full solid door should be closed after 10 p.m. and
that all the cleanup after closing hours would be done inside.
The maker of the motion stated he would accept Councilmember Winchell's
requested condition that the three month review to monitor conditions would be
made in order to appropriately modify the hours of operation and expansion of
use.
The maker of the motion stated he would accept Councilmember Winchell's
requested condition that live entertainment shall be restricted to unamplified
accoustic piano and unamplified musical accompaniment.
An amendment to the main motion was made by Moulton -Patterson, seconded by
Green, to eliminate the dance floor. The motion carried by the following roll
call vote:
AYES: Winchell, Silva, Green, Moulton -Patterson
NOES: MacAllister, Kelly, Robitaille
ABSENT: None
The Community Development Director read the amended Findings of Approval for
the main motion.
The maker of the motion stated he would accept Councilmember Silva's requested
condition that the three month review shall be conducted by the City Council
instead of the Planning Commission.
In answer to Councilmember Winchell's request, the Community Development
Director stated he would review the site plan to insure there would be no
reflection of the dance floor on it.
19t
Corrected Page
Page 7 - Council/Agency Minutes - 10/21/91
The main motion made by MacAllister, seconded by Moulton -Patterson, to deny
the appeal and approve revision to CUP 90-50 carried based on the following
amended Findings and Conditions of Approval:
Findings for Approval -Rvisi n ni i nl U PrmitNo.
1. The addition of musical accompaniment to the existing piano entertainment
and extending the closing hours 11:00 PM Sunday through Thursday and 1:00
AM on Friday and Saturday nights will not be detrimental to the general
welfare of the persons residing in the area.
2. The proposed revisions will not be detrimental to property values in the
area.
3. The proposed revisions will not create traffic problems.
4. The granting of the revision to Conditional Use Permit No. 90-50 will not
adversely affect the General Plan.
Conditions of Approval - Revisions to Conditional Use Permit No. 90-50:
1. The site plan and floor plan dated received June 19, 1991 shall be the
approved layout with the following modification:
a. Addition of a full solid core door consistent with noise study
presented October 21, 1991.
2. Live entertainment shall be restricted to an unamplified acoustical piano
and unamplified musical accompaniment.
3. Hours of operation shall be:
Monday - Friday Lunch 11:30 AM to 2:00 PM
Monday - Thursday Dinner 5:00 PM to 11:00 PM
Friday - Saturday Dinner 5:00 PM to 1:00 AM
Sunday Dinner 5:00 PM to 11:00 PM
4. Clean up activities shall -be interior only after 10:00 PM.
5. The full solid core kitchen door shall remain closed after 10:00 PM.
6. In order to appropriately monitor and modify the new hours of operation
and expansion of use a three month review shall be conducted by the City
Council which addresses the following:
Alley Conditions
- Site Maintenance
- Noise Transmission
- Employee Parking
Employee Monitoring
- Hours of Operation
Live Entertainment
The motion carried by the following roll call vote:
AYES: MacAllister, Winchell, Silva, Green, Moulton -Patterson
NOES: Kelly, Robitaille
ABSENT: None
19Z
Page 8 — Council/Agency Minutes — 10/21/91
RECESS — RECONVENE
The Mayor called a recess of Council at 11 p.m. The meeting was reconvened at
11:15 P.M.
KC-ity Cou cil PUBLIC HEARING — APPE& DENIED — HANY HENIEN — PLANNING
COMMISSION'S DENIAL OF USE PERMIT NO. 91-25 TO PERMIT AN EXISTING SIX (6) FOOT
HIGH FENCE WITHIN INE FR NT F F 1 FOOT SETBA— SU TAINED (420.40)
The Mayor announced that this was the day and hour set for a public hearing to
consider the following appeal:
APP-LICATION N MBER: Use Permit No. 91-25
APPLICANT: Hany Henien
LOCATION: 9601 Rocky Mountain
ZONE: Rl—FP2
REQUEST: To permit an existing six (6) foot high fence within the front
fifteen (15) foot setback.
ENVIRONMENTAL-- STATUS: Categorically exempt pursuant to Section 15311, Class
11 of the California Environmental Quality Act.
COASTAL STATUS: Not applicable (unless in coastal zone)
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published. and posted. No communications or written protests were received on
the matter.
Mike Adams, Community Development Director, presented a staff report with
slides.
The Mayor declared the public hearing open.
Shawn MCCraney stated he resided across the street from Hany Henien, that Many
was in the process of fixing his place up, and he spoke in support of Use
Permit No. 91-25.
Chute,, Manor Dyke and Wayne White spoke in opposition to Use Permit
ft. 91-25.
Henry1 K i wicz presented an informal petition bearing approximately 257
signatures of persons in opposition to Use Permit No. 91-25.
Hany Henein, applicant/appellant, presented to the City Clerk an informal
petition bearing approximately 101 signatures of persons in support of Use
Permit No. 91-25.
Hany Henein answered questions from Councilmembers Silva and MacAllister per—
taining to the permit process.
Pamela Henein, applicant/appellant, indicated on a map other wrought iron
fences in the neighborhood and other types of fences to show compatibility.
.1 9 3 She stated they were re —landscaping and re —furbishing, and she spoke in
support of Use Permit No. 91-25.
Page 9 - Council/Agency Minutes - 10/21/91
Margaret Hickey, Community Services Commission Chairman, asked Council to
support the Planning Commission to sustain the denial of the appeal and Use
Permit No. 91-25.
Jack Frable spoke in support of Use Permit No. 91-25.
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing was closed by the
Mayor.
A motion was made by Robitaille, seconded by Winchell, to sustain the Planning
Commission decision, deny appeal and deny Use Permit No. 91-25 with the
following findings for denial:
Findings for Denial -- Use Permit No. 91-25:
1. The establishment of the six (6) foot high wrought iron fence within the
front setback area will be detrimental to:
a. The general welfare of persons residing or working in the vicinity
because the fence does not blend well with other properties within
the neighborhood.
b. Property and improvements in the vicinity of such use or building.
Properties in the neighborhood generally do not have fences over 42
inches high within the front setback.
2. The six foot high wrought iron fence in the front setback area would be
incompatible with other fences in the neighborhood.
The motion carried by the following roil call vote:
AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
Moulton -Patterson
NOES: None
ABSENT: None
(City Council) PUBLIC HEARING - REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM INCOME (CDBG) FUNDS TO McCALLEN PARK PROJECT - APPROVEQ
(340.70)
The Mayor announced that this was the day and hour set for a public hearing to
consider the reallocation of approximately $237,000 in funds as repayment for
a CDBG assisted project. These funds are considered program income by the U.
S. Department of Housing and Urban Development (HUD). The intended use of the
funds is to complete a previously approved CDBG project known as the McCallen
Park Development located on Huntington Street, one block south of Yorktown
Avenue.
Legal notice as provided to the City Clerk's Office by staff had been
published and posted. No communications or written protests were received on
the matter.
The City Administrator presented a staff report.
The Mayor declared the public hearing open.
194
Page 10 - Council/Agency Minutes - 10/21/91
There being no one present to speak on the matter and there being no protests
filed, either oral or written, the hearing was closed by the Mayor.
A motion was made by Kelly, seconded by Silva, to authorize the receipt of
$237,000 from the Fountain Valley School District and reallocate the funding
to the McCallen Park/Boys and Girls Club development. The motion carried by
the following roll call vote:
AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
Moulton -Patterson
NOES: None
ABSENT: None
CONSENT CALENDAR - (ITEMS REMOVED)
The following items were requested by Councilmembers to be removed from the
Consent Calendar for separate consideration: (Robitaaile) Landscaping -
I-405 & Beach Boulevard Freeway Interchange; (Winchell) Theft of Cable Tele-
vision Service - Resolution No 6326; Huntington Beach Auto Mail Feasibility
Analysis; (MacAllister) Video Production - Huntington Beach Cable TV Channel
3.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by MacAllister, second Kelly, Council approved the following items,
as recommended, by the following roll call vote:
AYES: MacAllister, Winchell,
Moulton -Patterson
NOES: None
ABSENT: None
Silva, Green, Kelly, Robitaille,
(City Council/RedevelQpmgnt Agency) MINUTES - APPROVED - Approved and
adopted minutes of Council/Agency adjourned regular meeting of
September 9, 199) and adjourned regular and regular meetings of
September 16, 1991.
(Cityncil NOTICE OF COMPLETION - APPROVE RAT 12491 - 5ENLIFF
ESTATES - N/S_PALM_ VENUE - SW OF SEAVIEW AVENUE (108) - Accepted the
improvements dedicated for public use, released the Letter of Credit accepted
in lieu of Faithful Performance Bond, Labor & Material Bond and Monument Bond,
accept Labor and Material Bond U805120-967, accepted guarantee and warranty
bond 20-962, instructed the City Clerk to notify the developer and the City
Treasurer to notify the bank of this action.
lbl LJr \Null L•1 I' '" _".'u nrrnVYLU JInLLI 1rlrnVYGPIGn14 Un nflnnLF-4 MVLnUG
BETWEEN ALGONOUIN STREET & EDGEWATER LANE - SULLY -MILLER CONTRACTING COMPANY -
CC-817 (600.50) - Accepted the low bid of Sully -Miller Contracting Company
for for street improvements on Warner Avenue between Algonquin Street and
Edgewater Lane, authorize the Director of Public Works to expend $178,402.20
to cover contract cost of $156,802.20, estimated construction change orders of
$15,600 and anticipated incidental expenditures of $6,000, hold bid bonds on
the lowest three bidders until execution of contract and filing of bonds,
rejected all other bids and directed the City Clerk to notify the unsuccessful
9 5 bidders and return their bid bonds. The bids were as follows on Page 11:
11
1
Page 11 - Council/Agency Minutes - 10/21/91
Sully -Miller Contracting Company
Vernon Paving Company
Western State Colplaning
Fecit Strata, Inc.
R.J. Noble Company
Excel Paving Company
Silva Construction, Inc.
DBL Construction Corp.
Griffith Company
All American Asphalt
$156,802.20
166,516.44
168.422.90
170.816.00 (Corrected $169,984.40)
172,814.00
179,875.00
182,147.10
189,315.58
195,636.00
199,554.38 (Corrected $199,554.58)
(City Council YOUTH BOARD APPOINTMENT - APPROVED - CURTIS CHM (110.20) -
Approved appointment of Curtis Chan due to the resignation of Rachel Shimpock
to fill the at -large vacancy on the Youth Board for the remainder of the 91/92
term.
(City Council) PREVENTION OF CABLE SERVICE INTERRUPTION DUE TO CONSTRUCTION
PROJECT EXCAVATION - RESOLUTION NO 6327 - ADOPTED (100.10) - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING RENEWED COOPERATION
AMONG MEMBER CITIES IN THE PREVENTION OF CABLE SERVICE INTERRUPTION DUE TO
CONSTRUCTION PROJECT EXCAVATION."
(City Council) HUMAN RESOURCES BOARD REAPPOINTMENT - APPRWED - BORNS/
BOUGHTON/WIEB€ YOUNGBLQQDD (110.20) - Approved reappointments of Vivian
Borns, Faye Boughton, Karl Wiebe and Barbara Youngblood to the Human Resources
Board for the term October, 1991 to September, 1995.
sty Council) LIBRARY BOARD OF TRUSTEES APPOINTMENT - APPROVED - PIMMIE R.
LOPE (110.20) - Approved appointment of Pimmie R. Lopez to the Library
Board of Trustees due to the resignation of Jane Randolph.
(Redevelopment Agency) AGREEMENT - APPROVED - STA INC - PREPARATION OF
ENVIRONMENTAL IMPACT REPORT FOR MAIN -PIER PHASE II PROJECT - WAIVER OF
PROFESSIONAL LIABILITY INSURANCE REQUIREMENT (600.10) - Approved and
authorized execution by the Agency Clerk and Executive Director of an Agree-
ment between the Redevelopment Agency and Sta, Inc., for preparation of
Environmental Impact Report for Main -Pier Phase II Project as outlined in the
scope of services portion of the contract in an amount not to exceed $15,025
and waived the requirement for Professional Liability Insurance.
_(City Council) FOURTH OF JULY BOARD APPOINTMENTS - APPROVED - MUNOZ/THORP/
VYDUNA (110.20) - Approved appointment of Joan Munoz, Marilyn Thorp and
Randy Vyduna to complete the remaining terms (199311995) of resigning members
Margaret Bullock, Erik Lundquist and Robert Traver on the Fourth of July
Board.
(City Council) CITIZEN ADVISORY BOARD FOR HOUSING AND COMMUNITY DEVELOPMENT
(CAB) APPOINTMENTS - APPROVED - ARMENDARIZ/BARRAGAN/THATCHER/
NERIO-MEISENHEIMER/STIRLING/PETERS (110.20) - Approved appointments of
Richard C. Armendariz, Ernesto Barragan, Charleen M. Nerio-Meisenheimer, Diana
S. Peters, Sharon L. Stirling, and Alan E. Thatcher to the Citizen Advisory
Board for housing and Community Development (CAB) for a four year term. 19
Page 12 - Council/Agency Minutes - 10/21/91
(City Council) HISTORIC RESOURCES BOARD APPOINTMENT- APPROVED - ARTHUR
KENT (110.20) - Approved appointments of Arthur Kent to the Historic
Resources Board with a term to expire 6/30/95.
(City Council) AMENDMENT TO AGREEMENT - APPROVED - BARTLE WELLS ASSOCIATES -
FINANCIAL PLAN FOR WATER SYSTEM MASTER PLAN (600.10) - Approved and
authorized execution of Amendment to Agreement between the City of Huntington
Beach and Bartle Wells Associates for Preparation of a Financial Plan for the
Water System Master Plan in an amount not to exceed $5,724.
(City Council/Redevelopment Agency) LANDSCAPING - CONTINUED - I-405 & BEACH
BOULEVARD FREEWAY INTERCHANGE
The Clerk presented a communication from the Chief Executive Officer pertain-
ing to a re -landscaping concept that had been prepared for Council approval in
order to return to Cal Trans for final approval.
By consensus of Council the item pertaining to landscaping, I-405 & Beach
Boulevard Freeway Interchange was continued.
sty Council) THEFT OF CABLE TELEVISION SERVICE -- CONTINUED - RESOLUTION NQ
6326 (100.10)
The City Clerk presented a communication from the City Administrator pertain-
ing to the theft of cable television service.
The City Clerk presented Resolution No. 6326 for Council adoption - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING COOPERA-
TION BY THE ORANGE COUNTY DISTRICT ATTORNEY IN THE PREVENTION OF CABLE SIGNAL
THEFT."
By consensus of Council the item pertaining to the theft of cable television
service was continued.
(Redevelopment Agency) HUNTINGTON BEACH AUTO MALL FEASIBILITY ANALYSI5 -
CONTINUED (440.10)
The Clerk presented a communication from the Chief Executive Officer pertain-
ing to the Huntington Beach Auto Mall Feasibility Analysis.
By consensus of the Council the item pertaining to the Huntington Beach Auto
Mall Feasibility Analysis was continued.
(City Council VIDEO PRODUCTION - CONTINUED - HUNTINGTON BEACH CABLE TV
CHANNEL 3 (100.10)
The City Clerk presented a communication from the City Administrator pertain-
ing to the concept of working with other agencies to bring programming to
cable viewers in Huntington Beach with the understanding that when the city's
video resources are used for productions which are of more benefit to the
other agency than to the City of Huntington Beach the other agency is to be
charged for labor and equipment costs.
197
Page 13 — Council/Agency Minutes — 10/21/91
By consensus of the Council the item pertaining to Video Production was
continued.
(City Counci 1 Z -CENTRAL LIBRARY EXPANSION — PLANS & $PECIFI .IJONS — APPROVED
— CALL FOR BID -- AUTHORIZED — APPROVAL CONTRACT — —74 — BUQGET TASK
FORCE TO REPORT (600.80)
The City Clerk presented a communication from the Director of Library Services
regarding the expansion of the Central Library.
(The item pertaining to the Central Library Expansion was considered before
the items that were taken off of the Consent Calendar.)
The City Administrator summarized the Budget Task Force Report and the report
of Ron Hayden, Library Director. He informed Council of the recommendation of
the Citizens' Budget Task Force Committee which had been transmitted to
Council.
A motion was made by Winchell, seconded by Robitaille, to:
1. Approve plans and specifications and authorize the Director of Public
Works to solicit bids for construction.
2. Approve the Sample Construction Contract subject to award of contract to
approved lowest responsive bidder.
Mayor Green asked if there was anyone in the audience who wished to speak
against the motion. (There was not.)
The motion carried by the following roll call motion.
AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
Moulton —Patterson
NOES: None
ABSENT: None
A motion was made by MacAllister, seconded by Kelly, to continue the recommen—
dation to utilize up to $5,000,000 of the unused COP proceeds as temporary
financing for the Library Expansion Project for the Budget Task Force to
return to Council with a report including alternatives and scenarios of how to
make it work.
Mayor Green stated that no one wished to speak on the motion.
The motion carried by the following roll call vote:
AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
Moulton —Patterson
NOES: None
ABSENT: None
Budget Task Force Recommendation Read Intp the Record
The City Clerk read the recommendation for the Library Expansion from Phil
Inglee, Citizens' Budget Task Force Chairman, at the end of the meeting.
1.98-
Page 14 — Council/Agency Minutes — 10/21/91
(Cityn it FIRST AMENUMENT TO A EMENT — JAMES ADAMS & ASSOCIATES —
AMENDMENT TO SOOPE OF WORK �-PIER PLAZA._ DESIGNSERVICES.__.._&_AWyrR. Of
PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS (600.10)
The City Clerk presented a communication from the Director of Community
Development transmitting an amendment to the scope of work in the contract
with James Adams and Associates for design services on the Pier Plaza design
project.
A motion was made by MacAllister, seconded by Green, to approve First Amend—
ment to Agreement between the City and James Adams & Associates to Provide
Planning Services for Pier Plaza (amends scope of work for design services on
the Pier Plaza Project to include an analysis of the Maxwell's Building, site
plan the area between first Street -and Seventh Street and design proposals for
pier donor recognition) and waive professional liability insurance require—
ment. The motion carried by the following roll call vote:
AYES: MacAllister, Winchell,
Moulton —Patterson
NOES: None
ASSENT: None
Silva, Green, Kelly, Robitaille,
(Cityn it ORDINANCE NO 3124 — CONTINUED — dBOARDS AND COMMISSIONS
(110.10)
The City Cleric presented Ordinance No. 3124 for Council approval — "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.100 PERTAINING TO
BOARDS AND COMMISSIONS." (Term Limitation)
A motion was made by MacAllister, seconded by Kelly, to continue the item
pertaining to Ordinance No. 3124. The motion carried by the following roll
call vote:
AYES: MacAllister, Winchell,
Moulton —Patterson
NOES: None
ABSENT: None
Silva, Green, Kelly, Robitaille,
Joint Meeting with Council and Personnel i i n Requested
Councilmember Kelly stated he would like the Council and the Personnel
Commission to schedule a joint meeting.
ITIZEN 'BUDGET TASK FORCE RECOMMENDATION — LIBRARY EXPANSION
Councilmember Winchell presented the recommendation from the Citizens' Budget
Task Force Chairman, Phil Inglee for the item pertaining to the Library
Expansion. The City Clerk read it into the record.
CLOSED SESSION
The Mayor called a Closed Session of the City Council pursuant to Government
Code Section 54957 to consider personnel matters. (120.80)
199
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RECESS - RECDNVENE
The Mayor called a recess of Council at 11:50 p.m. The meeting was reconvened
at 12:05 a.m.
ADJOURNMENT - QWNQL/REDEVELQPNfNT AGENCY
Mayor Green adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to 5:30 p.m., Monday,
November 4, 1991, Room B-8, Council Chamber.
ATTEL�
City.Clerk/Clerk OW
r,
L
Clerk of the RedevelWment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Hunting Beach, Cal fornia
Mayor/Chairman
200
J