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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 1 Page 15 - Council/Agency Minutes - 10/21/91 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