HomeMy WebLinkAbout1993-03-15 (8)MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Room B-8, Civic Chamber
Huntington Beach, California
Monday, March 15, 1993
A tape recording of this meeting is
on file in the City Clerk's Office.
Mayor Winchell 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.
CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
ABSENT: None
(City_ Council) DISCUSSION HELD RE: PUBLIC HEARING - RECONSIDERATION OF
RESOLUTION NO. 6413T ESTABLISH A FEE SCHEDULE TO ADMINISTER THE
MITIGATION MONITORING AND REPORTING PROGRAM) (340.20)
Mayor Winchell stated the public hearing pertaining to Resolution No. 6413
would be continued to a later date.
(City Council) DISCUSSION HELD RE: PUBLIC HEARING - CITY OF HUNTINGTON BEACH
REPROGRAMMING OF COMMUNITY DEVELOPMENT BLQCK GRANT FUNDS (340.70)
The Mayor stated that for clarification the item pertaining to the Block Grant
Funds was to reprogram the money due to approved projects not being started in
a timely manner to conform to HCD guidelines.
(City Council) DISCUSSION HELD RE: AMENDMENT #4 TO AGREEMENT - PURKISS-ROSE
ASSOCIATES - BLUFF TOP LANDSCAPE IMPROVEMENTS - PHASE IX - PLANS & SPECIFI -
TIQNS FOR AN ADDITIONAL TRAIL ALONG BLUFFS (600.10)
In response to Mayor Winchell's inquiry, the Community Services Director
stated that when the trails were refigured it would be the pedestrian's trail
that would be closest to the water.
(City_ Council) DISCUSSION HELD RE: CENTRAL LIBRARY EXPANSION PROJECT -
PHASE II - CONSTRUCTION OF ADDITIONAL PARKIN - CC-875 (600.80)
In answer to Mayor Winchell's inquiry, Bob Eichblatt, City Engineer stated the
library grading would be done without any new road damage.
In answer to Councilmember Silva's inquiry, the City Administrator stated that
the funds for the overall project had already been allocated.
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((pity Council) DISCUSSION HELD RE: AGREEMENT - GRADING I)f GOTHARD LANDFILL
SITE & MUSHROOM FARM SITE - ROADWAY _QMSTRU ION COMPANY INC (600.10)
In answer to Councilmember Leipzig's inquiry, Bob Eichblatt, City Engineer
stated the maps were the final maps showing the topography. Councilmember
Leipzig requested a blowup of the small maps be available for the 7 p.m.
meeting if possible.
ION HELD RE: Hate Crimes - Resolution No. 6473 (240.10)
In response to Councilmember Silva's inquiry, the Police Chief stated there
were seven hate crimes in 1992. The activity could increase but it is hoped
it will decrease.
DISCUSSION HELD RE: Discussion on th o potential need_ for a Cgun cil sub-
committee on graffiti (120.25)
The Mayor stated the Council subcommittee on graffiti would work with the
staff committee headed by Ron Hagan, Community Services Director.
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 matter - Compressed Work Schedule. (120.80)
The Chairman called a Closed Session of the Redevelopment Agency pursuant to
Government Code Section 54956.8 to give instructions to its negotiator
regarding negotiations with Orrin Berg concerning the purchase/sale/exchange/
lease of the property located between Center Avenue and I-405 Freeway -
Huntington Center Redevelopment Project Area. (120.80)
The Chairman called a Closed Session of the Redevelopment Agency pursuant to
Government Code Section 54956.8 to give instructions to its negotiator regard-
ing negotiations with Coultrup Development Corporation concerning the
purchase/sal el exchange/lease of the property located between Main Street,
Pacific Coast Highway and 5th and Walnut - Main -Pier Phase II. (120.80)
RECESS - RECONVENE
The Mayor called a recess of Council at 5:40 p.m. The meeting was reconvened
at 6:55 p.m.
ADJOURNMENT - COUNCIU REDEVELOPMENT AGENCY
Mayor Winchell adjourned the adjourned regular meetings of the City Council
and the Redevelopment Agency of the Cit of Huntington Beach to
Monday, March 15, 1993 at 7 P.M., Council Cha , Cioiie Ater.
Clerk of the Redevelop ent Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
ATTEST:
44 4V�i *!�� -
City Clerk/Clerk
Mayor/Chairman
r.
MINUTES
CITY OOUNCILIREDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, March 15, 1993
A videotape recording of this meeting is
on file in the City Clerk's Office.
Mayor Winchell 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: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
ABSENT: None
FLAG CEREMONY AND INVOCATION
The Flag Ceremony was led by Mayor Winchell. The invocation was given by Bob
Franz, Deputy City Administrator/Administrative Services.
HUNTINGTON BEACHFESTIVAL - 3127193
Councilmember Silva stated he met with the Downtown Association President and
ht, announced that the first Huntington Beach Art Festival would be held
16 a.m. - 5 p.m., March 27-28, with free admission.
COUNCIL REPORT -RE: NASHINGTON,_D.C. TRIP
Councilmember Bauer reported on the National League of Cities meeting held in
Washington, D.C. He stated his main reason for going was to discuss the
situation in regards to Boisa Chica and that the response had been positive.
He stated they were supportive in the wetlands acquisition, restoration, and
administration issues. He stated that existing funds were available for some
of those activities.
Councilmember Moulton -Patterson stated the Secretary of HUD who spoke to the
cities about Block Grant Funds stated there would be an additional 60% one
time only allocation. She commented on the possible reduction in the Space
Station.Freedom Program and stated it was unclear what impact it would have on
McDonnell Douglas.
Councilmember Silva thanked Rich Barnard, Deputy City Administrator/Adminis-
tration for organizing the trip to Washington, D.C..
PUBLIC COMMENTS
Elizabeth Behar, Marina Chapter member, explained how the students of Marina
High School had been preparing for the Calfornia Junior Classical League
annual convention to be held at their school the weekend of March 20-21, 1993.
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Page 2 - Council/Agency Minutes - 3/15/93
nave Rollins, parent of a Marina High School student, stated that the Marina
stbdents had planned and organized the large convention which draws delegates
from the entire state of California with a $40,000450,000 budget. He
requested support in celebrating the event. He thanked city employees, Rich
Barnard, Deputy City Administrator; and Pat Myles, City Clerk's Office
Assistant; for their help and cooperation.
Thomas Mungari stated he was present to give the Council an update on the
status of the NESI Investment Group's involvement at the former Ascon
landfill. He stated the objective was to keep the status quo while NESI seeks
solutions. He assured Council that solutions would be found. He stated he
would be meeting with the City Administrator to address the soil cleanup as
well as liquids from soil.
Councilmember Sullivan stated that Council had received a letter from a
resident that was involved with the committee regarding the NESI site. He
stated that committee residents suggested a bond to ensure cleanup of the site
and were told at the 12th hour that there was no bond.
Thomas Mungari stated there was no bond in place. There was not a requirement
in 1991 when it was accepted. He stated it had changed in 1992 due to their
involvement in real estate, and now the state is requiring a bond. He stated
a bond is difficult to achieve given the financial position of NESI.
Jim Ko stated he was present to answer any questions pertaining to the public
hearing for the review of the 1992 Annual Holly-Seacliff Development Agreement
Compliance Report.
Gerald Chapman, Country Estates Homeowners' Association Vide -President, stated
he was requesting that the item pertaining to the five encyclopedia lots as a
park site be placed on the next agenda.
Ron Hagan, Community Services Director, stated the item pertaining to five
encyclopedia lots as a park site would return to Council on the next agenda.
He stated that staff needed direction on that site. Council had not desig-
nated it as park land. He stated the uses needed to be reviewed and that when
acquisition was approved it would automatically designate it as park land.
T a, Huntington Beach Mobilehome Estates, stated there was a need for
rent control. He stated that people were walking away from their mobilehomes
because of the increasing rates. He stated the rent was up to $740 a month,
and there were plans for increases up to $1 ,200 a month. He stated it was a
family park, not a resort, and he requested Council to review the lease held
by Steve Navarro.
J Qhn Jankowski, Mariners Point Mobilehome Park resident, stated that 32 out of
50 states have rent control and that the United States Supreme Court had ruled
rent control to be legal. He stated he believed that mobilehome parks enjoy a
monopoly status, and he urged Council to consider rent stabilization to stop
the inequity.
Councilmember Bauer stated there was a need to address the matter pertaining
to mobilehomes.
Floyd Scott, Huntington by the Sea Homeowners' Association President and Park
Purchase President, stated there had been rent increases without any improve-
4 6 ments on the property. He stated that people on fixed incomes could not
afford the rent increases.
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Page 3 - Council/Agency Minutes - 3/15/93
Cheryle Browning spoke pertaining to the airport removal at Meadowlark. She
stated she did not believe the city monitoring of the project had been
adequate. She spoke pertaining to the removal of hazardous waste and the 1990
permit obtained to.remove the storage tank. She requested Council to have an
annual review before July due to contaminated soil being removed by July. She
urged Council to have a monthly update that procedures are being followed.
Ray Silver, Assistant City Administrator, stated he had met with property
owners and Dick Harlow, Meadowlark representative. He stated the County of
Orange Health Care Agency monitors the present remediation plan and authorizes
work and that information is required by the County every three months in
order to monitor activity.
ti
Ray Silver answered Cheryle Browning's inquiries.
Councilmember Bauer asked if the matter could be resolved by a further meeting
with the property owners.
Ray Silver stated he would report on the matter by March 25, 1993.
Cheryle_ Browning reiterated that she was requesting monthly assurance from
staff.
Vickie Talley, executive for Housing Educational Trust (mobilehome), stated
there was a current survey of mobilehome parks being prepared. She stated
there were no 20% rate increases the previous year. She stated that
Huntington Beach had offered long-term leases, but the issue is whether or not
there is a need. She stated they had provided a rental assistance program and
that rent subsidies were available. She stated the telephone number for their
24-hour answer machine was 935-1952.
Bob Stuart stated there was a 5K Sea & Sun Run on Pacific Coast Highway for
Project Self -Sufficiency Saturday, March 27, 1993.
George Arnold spoke pertaining to the PERS Retirement Program.
The City Administrator stated that public comments should pertain to city
issues.
Robert Reid stated he had been recycling cans and bottles from dumpsters but
had recently been told by the police that it was against the law. He stated
he had letters of permission from the establishments. He requested a letter
from the Council granting him permission to recycle articles from the
dumpsters.
Following discussion between Mayor Winchell and Robert Reid, Mayor Winchell
instructed Robert Reid to contact Ray Silver, Assistant City Administrator.
Rich McFall_ spoke in support of continuing the sea wall permit process to
enable continuation of graffiti on the sea wall.
In response to Mayor Winchell's inquiry, Rich McFall stated he was a Los
Alamitos resident.
Chris Ord, Huntington Beach resident; Rodney Wills, Costa Mesa; Sean Aston '
Los Alamitos; Pat Anthony, Anaheim; Eric 0 soto, Huntington Beach; Jason
Geoffrey, Buena Park; Marcel Mercado, Norwalk; Paul Martinez, Santa Ana; C
Henderson, Huntington Beach; spoke in support of continuing the permit
procedure for graffiti on the sea wall. 4 7
Page 4 - Council/Agency Minutes - 3/15/93
Ed Kerins, Huntington Beach Tomorrow, stated that it cost the city $80,000 to
remove graffiti in 1992 and if the trend continues as it had this year, it
would cost approximately $300,000. He spoke in opposition to allow graffiti
and urged Council to take strong measures to remove it from the city. He
stated there would be a meeting pertaining to graffiti at the Village Bank,
7:30 p.m., March 17, 1993.
Mayor Winchell thanked the people who spoke in support of the sea wall and
stated their presentations of what the wall meant to them were very eloquent.
She stated the city is facing a grave problem and that the graffiti sub-
committee is working with the staff to eliminate graffiti. She stated any
input to that committee would be welcome.
In response to Councilmember Bauer's inquiry, the Community Development
Director, stated the sea wall was photographed on a weekly basis to document
the art.
COUNCIL MEETING RE: BUDGET - 3/22/23
The City Administrator stated there would be a meeting pertaining to the
budget at 7 p.m., Monday, March 22, in the Council Chambers. He stated budget
cutbacks would be discussed.
COUNCIL MEETING -_AFFORDABLE HOUSING - 3126/9�
The City Administrator stated there would be a meeting pertaining to afford-
able housing, development objectives, work plan, Maxwell's, and mobilehomes at
the Senior Outreach Center, 3-6:30 p.m., March 26. He stated the public
comments received at Council meetings would also be discussed to develop the
approach to exercise in regard to direct personal attacks.
The City Administrator requested a report from Bob Franz, Deputy City Admin-
istrator/Administrative Services, regarding retirement procedures including
the employees that would exercise the rollover consideration and the city
liability. Bob Franz stated the report would return to Council in April.
(City Couni� 1) OPENED PUBLIC HEARING CONTINUED TO 4/5/93 - RECONSIDERATION OF
RESOLUTION NO. 6413 - (TO ESTABLISH A FEE SCHEDULE TO ADMINISTER THE
MITIGATION MONIDRING AND REEORTING PROGRAM) (340.20)
The Mayor announced that this was the day and hour set for a public hearing to
consider the following:
APPLICATION NUMBER: Reconsideration of Resolution No. 6413
APPLICANT: City of Huntington Beach
LOCATION: City-wide
ZONE: City-wide
RE VEST: Reconsideration of the City Fee Schedule for the Mitigation Monitor-
ing and Reporting Program which ensures implementation of required mitigation
48 measures included in mitigated negative declarations and environmental impact
reports.
Page 5 - Council/Agency Minutes - 3/15/93
ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15321,
Class 21(a)(2) 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.
The City Administrator stated the public hearing pertaining to Resolution
No. 6413 should be continued.
The Community Development Director stated the staff recommended action was to
open and continue the public hearing pertaining to Resolution No. 6413 to
April 5, 1993.
The Mayor declared the public hearing open.
A motion was made by Leipzig, seconded by Sullivan, to continue the opened
public hearing pertaining to Resolution No. 6413 to April 5, 1993. The
motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(Cityun iiPUBLIC HEARING - REVIEW QF THE 1992 ANNUAL H LLY- EACLIFF
DEVELOPMENT AGREEMENT COMPLIANCE REPORT - RECEIVED AND _FILED (600.10)
The Mayor announced that this was the day and hour set for a public hearing to
consider the following:
APPLICATION NUMBER: Review of the 1992 Annual Holly-Seacliff Development
Agreement Compliance Report: Development Agreement No. 90-1
APPLICANT: City of Huntington Beach
LOCATION: The Holly-Seacliff Master Plan Area
ZONE: Holly-Seacliff Specific Plan and Ellis Goldenwest Specific Plan
RE E T: Review of the 1992 Annual Holly-Seacliff Development Compliance
Report
ENVIRQNMENTAL STATUS: Development Agreement No. 90-1 is covered by Final
Environmental Impact Report No. 89-1 which was certified by City Council on
January 8, 1990. No additional environmental review is required for the this
report.
COASTAL STATUS: A portion of Development Agreement No. 90-1 is located within
the City's Certified Coastal Zone. No action is necessary'.
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.
The Community Development Director presented a staff report. 49
Page 6 — Council/Agency Minutes — 3/15/93
50
Fire Chief Dolder reported on the soil mitigation.
A motion was made by Silva to receive and file the 1992 Holly—Seacliff
Development Agreement Compliance Report. The motion died for lack of a second.
Discussion was held between Councilmember Bauer and staff.
The Mayor declared the public hearing open.
Phyllis Carruthers requested Council to enact a new development building mora—
torium. She stated she believed the city had enough debt and enough services
to provide besides having to pay for inflated retirement income.
Tom Zanic, Seacliff Partners, presented a history of the project and the
present status.
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 Leipzig, to continue the review of the 1992 Holly—
Seacliff Development Agreement Compliance Report until Parcel 4 complies with
the City's recently adopted soil remediation standards. The motion died for
lack of a second.
Tom- Zani c stated that Parcel 4 was requi red to be dedicated in June 1992 and
at that time standards for compliance had been met. He stated that Seacliff
Partners volunteered to comply with the newly developed standards and work was
being done to meet the standards. He stated their word had been given to the
Fire Department to meet the standards and that they would receive no credit
for park parcel until cleanup had been completed.
A motion was made by Silva, seconded by Moulton —Patterson, to receive and file
the 1992 Holly—Seacliff Development Agreement Compliance Report. The motion
carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton —Patterson, Winchell, Silva
NOES: Sullivan, Leipzig
ABSENT: None
RECESS — RECONVENE
Following discussion between Councilmember Robitaille and the audience, the
Mayor called a recess of Council at 8:55 p.m. The meeting was reconvened at
9 P.M.
(City until) EUBLIC HEARING— CITY OF H NTIN--BEACH REPROGRAMMING OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS — APPROVE Q (340.70)
The Mayor announced that this was the day and hour set for a public hearing
for the purpose of reprogramming Community Development Block Grant Funds from
the Rehabilitation Loans account.
Legal notice as provided to the City Clerk's Office by staff had been
published and posted. No written protests were received on the matter.
Barbara Kaiser, Deputy City Adm0 nistrator/Economic Development, presented a
staff report.
Page 7 - Council/Agency Minutes - 3/15/93
Mayor Winchell stated the City of Huntington Beach Reprogramming of Community
Development Block Grant Funds had been presented to the Citizens' advisory
Board by letter. She asked if any responses had been received.
Barbara' Kaiser, Deputy City Administrator/Economic Development, stated there
had been no responses from the Citizens' Advisory Board. She further stated
there had been communications from the Youth Shelter and the Florida/Utica
Task Force in support of the Reprogramming of Community Development Block
Grant Funds.
The Mayor declared the public hearing open.
Frank Puccilli stated the Florida/Utica Task Force requests the City Council
to reprogram $60,000 in Community Block Grant funds to the Public Works
Department to have design plans drawn for widening Yorktown Avenue. He stated
that it is the city staff's opinion that the Orange County Transportation
Authority would more readily allocate Measure M gasoline tax funds to widen
Yorktown if design plans accompany the project application. He used a drawing
to illustrate the need for widening Yorktown, particularly the area near
Florida, to prevent accidents and hazards. He spoke regarding the accidents
and stated it was an onerous intersection for children, women and high school
students.
PAtti Har1rave spoke in support of the allocation of Block Grant Funds for
Florida/Yorktown Street Improvements for that intersection.
Ernesto Bgllino, Florida/Utica Task Force member, spoke in support of the
Block Grant Funds allocation for Florida/Yorktown Street Improvements for the
widening of Yorktown between Delaware and Beach Boulevard.
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 Moulton -Patterson, seconded by Silva, to approve the
reprogramming of Community Development Block Grant funds from the Rehabilita-
tion Loans account in the following amounts:
1. North Oakview Street Improvements $300,000
2. , Florida/Yorktown Street Improvements $ 60,000
3. Huntington Beach Youth Shelter $ 99,400
Fire Access Road $30,000
Construction Completion $69,400
TOTAL $459,400
The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
CONSENT CALENDAR - (ITEMS RQWED}
The following items were requested by Councilmembers to be removed from the
Consent Calendar for separate consideration: (Bauer/Leipzig) Bluff Top Land-
scape Improvements; (Bauer) Budget Amendment, Prince Park Renovation; Central
Library Expansion Project; Grading of Gothard Landfill Site & Mushroom 51
Page 8 - Council/Agency Minutes - 3/15/93
Farm Site; Housing & Community Development Citizens Advisory Board; (Sullivan)
Pavement Repairs and Asphalt Overlay on Garfield Avenue between Beach Boule-
vard and Newland Street; Amendment to existing Landscaping & Right of Way
Agreement in conjunction with Final Tract Map #14320.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Moulton -Patterson, second Sullivan, Council approved the
following items, as recommended, by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(City und I /Redevelopment Agency) MIN TE - APPROVED - Approved and
adopted the minutes of the Council/Agency adjourned regular and regular
meetings of February 1, 1993 and adjourned regular meeting of
February 22, 1993 as written and on file in the Office of the City Clerk.
i Council) PARCEL MAP 2 - APPROVED - MEADOWLARK AIRPORT ITE -
BOLSA _REALTY - 5141 WARNER AVE (420.70) - Approved the Parcel Map pursuant
to the mandatory findings set forth by the Planning Commission and instructed
the City Clerk to affix her signature to the map and release the map to the
county for processing.
(City Council)- BID AWARD - APPROVED -__POLICE DEPARTMENT PARKING LOT EXPANSION
- HARDY & HARPER INC - - 6 (600.80) - Accepted the low bid of Hardy &
Harper, Inc. in the amount of $36,772.58 for expansion of the Police
Department Parking Lot and authorize the Director of Public Works to expend a
total of $42,000 which includes the contract cost of $36,772.58, estimated
construction change orders of $3,677.26 and anticipated supplemental
expenditures of $1,550.16, 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 bidders and return their
bid bonds. The bids were as follows:
Hardy & Harper, Inc.
$36,772.58
Moreno Asphalt & Seal Coat
40,413.45
Cal Pave
40,843.75
E. A. Mendoza Contracting
41,733.50
Sully -Miller
45,273.15
Terra Pave
45,971.00
Haitbrink Asphalt Paving
46,383.45
Damon Construction
46,857.00
Century Paving
48,751.26
Nobest, Inc.
49,000.00
Civil Work Corp.
49,093.00
Wakeham-Baker
49,349.00
Excel Paving
49,517.50
E. C. Construction
54,672.40
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Page 9 - Council/Agency Minutes - 3/15/93
(CityCouncil) RESOLUTION-472 - ADOPTED - WEED ABATEMENT - FIXES
APRIL 19, 1993 A5 PUBLIC HEARING DATE (520.80) - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN
WEEDS GROWING IN THE CITY, AND RUBBISH AND REFUSE DEPOSITED ON PUBLIC WAYS AND
PRIVATE PROPERTY ARE A PUBLIC NUISANCE: AND FIXING THE TIME FOR HEARING
PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF."
(City Council) BID _ AWARD - APPROVED - METER BOX _ REPLACEMENTS AT VARIOUS
LOCATIONS - TRAUTWEIN QMSTRUCTION - WSC-008 (600.75) - Accepted the low bid
of Trautwein Construction in the amount of $25,625 for meter box replacements
at various locations, authorize the Director of Finance to encumber $1,500 for
anticipated supplemental expenses, authorize the encumbrance of an additional
$2,600 for anticipated change orders, 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 bidders and return
their bid bonds. The bids were as follows:
Trautwein Construction
$25,625.00
Amick Construction
29,000.00
Coral Pipeline
31,250.00
D W M Construction
36,250.00
L G T Enterprises
37,475.00
Wick Helmandollar Construction
40,225.00
Metro Building & Engineering Group
43,500.00
F A V
43,750.00
Atlas Allied
45,250.00
Ryco Construction
47.750.00
National Electric Contractors
49,760.00
Tomar Engineering
52,500.00
DEWCO General Contractors
59,250.00
Excel Paving
59,500.00
Wakeham-Baker, Incorporated
73,500.00
n i n I1 rL^na Ct ar 1 1& / t v r 1{
BIDS APPROVED - CC--696 (600.75) - Approved plans and specifications for
the renovation of the City's Peck Reservoir water storage facility and
authorized the Director of Public Works to solicit bids, approved sample
contract subject to award of contract by Council to the lowest responsible
bidder (estimated cost $3,000,000).
(City Council) FINAL TRACI MAP #14296 - APPROVED --PACIFIC T HQMES - N
LAWN HAVEN DRIVE APPROX 1001 W/O EVEN ILL DRIVE - SUBDIVI REEMENT
(420.60) - Approved Final Tract Map 14296, being all of Tentative Tract 14296,
pursuant to the mandatory findings set forth in Sections 66458 and 66474 of
the Government Code, accepted offer of dedication and improvement subject to
completion of requirements stipulated, on property located on the north side
of Lawn Haven Drive, approximately 100 feet west of Evening Hill Drive;
examined and certified by the Director of Public Works and the Secretary to
the Planning Commission as being substantially in accordance with the tenta-
tive map as filed with, amended and approved by the Planning Commission.
Acreage: 2.31; Lots: 10, Developer: Pacific Coast Homes, 2124 Main Street,
Ste. 200, Huntington Beach, CA 92648, adopted map subject to stipulations as
follows: Deposit of fees for water, sewer, drainage, engineering and inspec-
tions; Certificate of Insurance; Subdivision Agreement; Drainage for the
subdivision shall be approved by the Department of Public Works prior to the
recordation of the final map; 'The Declaration of Covenants, Conditions and
53
Page 10 - Council/Agency Minutes - 3/15/93
Restrictions shall be reviewed and approved by the Department of Community
Development and approved as to form by the City Attorney prior to recordation
of the Final Map and further accepted Monument Bond No. 8580, Fai- thful
Performance Bond No. 8579, Labor and Material Bond No. 8579 and approved and
authorized execution of the Subdivision Agreement and further instructed the
City Clerk that she shall not affix her signature to the map nor release such
map for preliminary processing by the County or for recordation until the
aforementioned conditions have been met.
(City Council) FINAL TRACT MAP jJ14320 - APPROVED - PACIFIC COAST HOMES - SW
CORNER OF 17TH ST & ADAMS AVE - SUBDIVISION AGREEMENT (420.60) - Approved
Final Tract Map 14320, being all of Tentative Tract 14320, pursuant to the
mandatory findings set forth in Sections 66458 and 66474 of the Government
Code, accepted offer of dedication and improvement subject to completion of
requirements stipulated, on property located on the southwest corner of
Seventeenth Street and Adams Avenue; examined and certified by the Director of
Public Works and the Secretary to the Planning Commission as being
substantially in accordance with the tentative map as filed with, amended and
approved by the Planning Commission. Acreage: 1.99; Lots: 8, Developer:
Pacific Coast Homes, 2124 Main Street, Ste. 200, Huntington Beach, CA 92648,
adopted map subject to stipulations as follows: Deposit of fees for water,
sewer, drainage, engineering and inspections; Certificate of Insurance;
Subdivision Agreement; Drainage for the subdivision shall be approved by the
Department of Public Works prior to the recordation of the final map; and
further accepted Guarantee and Warranty Bond No. 8687-W, Monument Bond No.
8688, Faithful Performance Bond No. 8687, Labor and Material Bond No. 8687 and
approved and authorized execution of the Subdivision Agreement and further
instructed the City Clerk that she shall not affix her signature to the map
nor release such map for preliminary processing by the County or for
recordation until the aforementioned conditions have been met.
(City Council) FINAL TRACT MAP #14243 - APPROVED - PACIFIC COAST HOMES - NS
PALM AVE 150' E/0 CHERRYHILL DR - SUBDIVISION AGREEMENT (420.60) - Approved
Final Tract Map 14243, being all of Tentative Tract 14243, pursuant to the
mandatory findings set forth in Sections 66458 and 66474 of the Government
Code, accepted offer of dedication and improvement subject to completion of
requirements stipulated, on property located on the north side of Palm Avenue,
approximately 150 feet east of Cherryhill Drive ; examined and certified by
the Director of Public Works and the Secretary to the Planning Commission as
being substantially in accordance with the tentative map as filed with,
amended and approved by the Planning Commission. Acreage: 1.51; Lots: 8,
Developer: Pacific Coast Homes, 2124 Main Street, Ste. 200, Huntington Beach,
CA 92648, adopted map subject to stipulations as follows: Deposit of fees
for water, sewer, drainage, engineering and inspections; Certificate of
Insurance; Subdivision Agreement; Drainage for the subdivision shall be
approved by the Department of Public Works prior to the recordation of the
final map; The Declaration of Coveneants, Conditions and Restrictions shall be
reviewed and approved by the Department of Community Development and approved
as to form by the City Attorney prior to recordation of the Final Map and
further accepted Guarantee and Warranty Bond No. 8685-W, Monument Bond No.
8686, Faithful Performance Bond No. 8685, Labor and Material Bond No. 8685 and
approved and authorized execution of the Subdivision Agreement and further
instructed the City Clerk that she shall not affix her signature to the map
nor release such map for preliminary processing by the County or for
54
recordation until the aforementioned conditions have been met.
Page 11 - Council/Agency Minutes - 3/15/93
(Sity_.Qmndl) NOTICE OF. COMPLETION_- APPROVED - PAVEMENT REPAIRS AND ASPHALT
QVERLAY ON GARFIELD AVENUE BETWEEN BEACH BOULEVARD AND NEWLAND STREET
SULLY -MILLER CONTRACTING QMPANY - - 1 (600.50)
The City Clerk presented a communication from the City Administrator dated
March 15, 1993 pertaining to the pavement repairs and asphalt overlay on
Garfield Avenue between Beach Boulevard and Newland Street; CC-815.
Councilmember Sullivan congratulated the staff on the bidding process and on
obtaining a lower bid than was estimated.
A motion was made by Sullivan, seconded by Leipzig, to accept work completed
' b. Sully -Miller Contracting Co., for the construction of street improvements
al,bng Garfield Avenue between Beach Boulevard and Newland Street at a final
contract cost of $130,297.11 and authorize the City Clerk to file a Notice of
Completion. The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
Wty Council)AMENDMENT #4 TO AGREEMENT - APPROVED - RKISS-ROSE ASSOCIATES
- BLUFF TOP LANDSCAPE IMPROVEMENTS - PHASE SIX - PLANS & SPECIFICATIONS FOR AN
ADDITIONAL TRAIL ALONG BLUFFS(600.10)
The City Clerk presented a communication from the Community Services Director
dated March 15, 1993 pertaining to the Bluff Top Landscape Improvements --
Phase Six, CC-801.
Bob Eichblatt, City Engineer, reported pertaining to funding.
Following discussion, a motion was made by Winchell, seconded by Silva, to
approve and authorize execution of Amendment #4 to Agreement between the City
of Huntington Beach and Purkiss-Rase Associates for landscape Design Services
on the Ocean side of Pacific Coast Highway North of Goldenwest Street thereby
authorizing the preparation of plans and specifications for the construction
of an additional trail along the bluffs between Eleventh and Goldenwest Street
and the realignment of the existing trails north of Golden West Streets and
authorize the Director of Public Works to expend $49,600 to cover the costs of
Amendment #4. The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
SCi_ty Council) BUDGE!-_ AMENDMENT - „APPROVED - PRINCE PARK RENOVATION, - PLANS &
SPECIFICATIONS/CALL FOR BIDS - CC-881 (600.65)
The City Clerk presented a communication from the City Administrator dated
March 15, 1993 pertaining to the Prince Park renovation.
Ron Hagan, Community Services Director, reported.
55
Page 12 - Council/Agency Minutes - 3/15/93
A motion was made by Bauer, seconded by Silva, to approve plans and specifica-
tions and authorize staff to solicit bids for the renovation of Prince Park,
approve an amendment to the FY 92/93 budget to increase Account
#A-SK-CS-717-6-39-00 to from $20y000 $33,300 for the renovation of Prince
Park; approve sample contract subject to award of contract by Council to the
approved lowest responsible bidder. The motion carried by the following roll
call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(City Council) CENTRAL LIBRARY EXEANSI0N PROJECT - APPROVED - PHASE II -
CONSTRUCTION OF ADDITIONAL PARKING - CCA7 (600.80)
The City Clerk presented a communication from the Library Services Director
dated March 16, 1993 pertaining to the Central Library Expansion Project,
Phase II; Construction of Additional Parking; CC-875.
Ron Hayden, Library Services Director, reported pertaining to metered parking.
A motion was made by Bauer, seconded by Robitaille, to approve plans and
specifications and authorize the Director of Public Works to solicit bids for
the construction of 700 parking spaces at the Central Library Facility,
approve sample contract subject to award of contract to Council approved
lowest responsive bidder, authorize execution of final contract and authorize
the Director of Finance to transfer $1.5 million from the City's Unappro-
priated Library Expansion Fund Balance to the project. The motion carried by
the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(City Council AGREEMENT -Q
ONTINUED TO 415/93 - RADIK F GOTHARID LANDFILL
SITE & MUSHROOM FARM SITE - ROADWAY CONSTRUCTION COMPANY INC (600.10)
The City Clerk presented a communication from the City Administrator dated
March 15, 1993 pertaining to the grading of the Gothard Landfill Site and
Mushroom Farm Site.
Bob Eichblatt, City Engineer, addressed the impact of developing the site. He
stated that at this time the grading creates positive drainage and keeps the
city in compliance.
The City Attorney reported regarding the County's responsibility since the
site had been a county landfill.
Following discussion, Bob Eichblatt, City Engineer; stated a series of cross
sections showing what the project entails would be provided for Council to
review, and he would include background mitigation or site cost and alterna-
tive action comparisons.
56
Page 13 - Council/Agency Minutes - 3115193
A motion was made by Leipzig, seconded by Sullivan, to continue the item per-
taining to the grading of Gothard Landfill Site and Mushroom Farm Site to
April 5, 1993. The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(City Council) ACCEPTANCE OF RESIGNATION & NEW APPOINTMENT - APPROVED -
HOUSING & COMMUNITY DEVELOPMENT CITIZENS ADVISORY BOARD (430.80)
The City Clerk presented a communication from the City Administrator dated
March 15, 1993 pertaining to the acceptance of resignation and new appoint-
ment --Citizens Advisory Board.
Councilmember Bauer stated he appreciates the appointment of Jeff Lebow to the
HCD Citizens Advisory Board.
A motion was made by Bauer, seconded by Robitaille, to accept the resignation
of Michael McMahan from the HCD Citizens Advisory Board and approve the
appointment of Jeff Lebow to fill the remaining term which will expire
September, 1994. The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(City Council) BUDGET AMENDMENT - KOVACS CIRCLE CONSTRUCTION FUNDS REIMBURSE-
MENT - REDONDO-KOVACS PARTNERS (600.30)
The City Clerk presented a communication from the City Administrator dated
March 15, 1993 pertaining to the Kovacs Circle Construction
Funds --Reimbursement.
Barbara Kaiser, Deputy City Administrator/Economic Development, reported per-
taining to the location of the construction of street improvements at Parkview
and Redondo.
A motion was made by Leipzig, seconded by Silva, to approve an amendment to
the current year budget by appropriating $47,340 for the purposes of reimburs-
ing Redondo -Kovacs Partners for the construction of street improvements in the
Talbert -Beach Redevelopment Project Area. The motion carried by the following
roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
57
Page 14 - Council/Agency Minutes 3/15/93
Following the agenda items for the Consent Calender Barbara Kaiser presented a
slide showing the location of the street improvements in the Talbert -Beach
Redevelopment Project Area.
(City Council) AMENDMENT TO EXISTINGLANDSCAPING RIGHT OF KAY AGREEMENT IN
CONJUNCTION.WITH FINAL TRACT MAP #14320 - HUNTINGTON BEACH QOMPANY (600.10)
The City Clerk presented a communication from the Public Works Director dated
March 15, 1993 pertaining to the adoption of Amendment to Existing Landscaping
and Right of Way Agreement in Conjunction with Final Tract Map No. 14320.
Bob Eichblatt, City Engineer, reported.
A motion was made by Sullivan, seconded by Silva, to approve and authorize
execution of Amendment to Landscaping and Right of Way Agreement by and
between the City of Huntington Beach and the Huntington Beach Company in
conjunction with Final Tract Map 14320. The motion carried by the following
roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
i n it REQUEST FORCITY' OF HUNTINGTONSUPPORT AMICUS CURIAE
BRIEF: H LAND v. WONDER - APP ED - V NTEERISM/ ERNMENT EMPL YMENT
(630.50)
The City Clerk presented a communication from the City Attorney transmitting a
request from the League pf California Cities asking cities to join in the
brief to the U. S. Supreme Court. Issue: Is any situation in which an
individual is denied the opportunity to volunteer for a position they desire
to fill for a governmental entity, grounds for a lawsuit by the individual,
based on this denial being a violation of their first amendment rights?
The City Attorney.presented a staff report.
A motion was made by Leipzig, seconded by Robitaille, to join in the brief to
the U. S. Supreme Court Hyland v. Wonder. The motion carried by the following
roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig
NOES: None
ABSENT: None (Silva - out of the room)
(City Council) REWEST FOR CITY OF HUNTINGTQN BEACH SUPPORT OF ANICUS CURIAE
BRIEF: CITY OF SAN DIEOQ,.-v. U.S. GYPSUM - ASBESTOS BUILDINGS - APPROVED
(630.50)
The City Clerk presented a communication from the City Attorney of a request
by the League of California Cities to join in the brief. Issue: When does
the statute of limitations in cases involving asbestos -contaminated public
buildings begin to run?
The City Attorney presented a staff report.
Page 15 - Council/Agency Minutes - 3/15/93
A motion was made by Leipzig, seconded by Robitaille, to join in the brief to
the U. S. Supreme Court City of San Diego v. U.S. Gypsum. The motion carried
by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(CityCouncil TRANSEQRTATION ENHANCEMENT ACTIVITIES PROGRAM - RESOLUTION
NOS. 6468/6469/6470 - ATED - BLUEE TOP LANDSCAPE/WARNER AVE MEDIAN ELEBRA-
TION PLAZA (340.70)
The City Clerk presented a communication from the Public Works Director trans-
mitting the following resolutions authorizing the submittal of applications
for the Bluff Top Landscape Improvements Phase VI, the Celebration Plaza and
the Warner Avenue Median Landscape Improvements for a Federal Grant under the
Transportation Enhancement Activities Program:
The City .Clerk presented Resolution No. 6468 for Council adoption - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE
APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM
UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR BL FF
TOP LANDSCAPE IMPROVEMENTS,- PME.VI."
The City Clerk presented Resolution No. 6469 for Council adoption - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE
APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM
UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR WARNER
AVENUE MEDIAN LANMPING."
The City Clerk presented Resolution No. 6470 for Council adoption - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE
APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM
UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991.FOR THE
CELEBRATION PLAZA PROJECT."
Bob Eichblatt, City Engineer, presented a staff report.
Following discussion, a motion was made by Leipzig, seconded by
Moulton -Patterson, to adopt Resolutions 6468, 6469, and 6470, an to direct
staff to submit the following recommendations in a timely manner:
1. The south beach improvements, which is a high city priority, does not
have complete funding.
2. The Gothard-Hoover connection is another high priority which might be
eligible under Criteria No. 7 (preservation of rail corridors).
3. A number of unsightly billboards exist along Pacific Coast Highway.
Their removal might be eligible under Criteria No. B (removal of outdoor
advertising) .
The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
59
Page 16 - Council/Agency Minutes - 3115/93
(Cityn it ORDINANCE NO. 3184 - ADOPTED - CREATING THE FINANCE
(320.60)
The City Clerk presented Ordinance No. 3184 for Council adoption - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH CREATING THE FINANCE BOARD."
(Establishes citizens board to review city budget.)
A. motion was made by Silva, seconded by Moulton -Patterson, to adopt Ordinance
No. 3184 after reading by title. The motion carried by the following roll
call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
Ascon (NESI) Site - Development Agreement - sle corner Hamilton Avenue anj
Magnolia Street (600.10)
Councilmember Bauer listed the following concerns pertaining to the
Development Agreement at the ASCON site:
1. Need definition of Notice of Default of Agreement, if and when default
occurs, to determine city options.
2. Concern for safety or lack thereof; status of ground water;
3. Status of the superfund; if area of great hazard; who should be
petitioned to raise it to a higher priority?
4. Controlling agencies, who enforces;
5. What is potential in case of of heavy rainstorms;
6. Cost of correction; the city to correct problem through some kind of an
enhancement to whoever might develop it. The city should develop numbers
that offer balance of cost of correction versus proforma of potential
development; correction value and value that accrues to builder ought to
be balanced;
7. Due diligence and posting of bonds.;
8. Meeting with community people;
9. An action plan to assure citizens of Huntington Beach, especially those
living in the area, that the city is doing something in an overt manner
and not just waiting for a possible developer to correct the problem;
that is not responsive enough for concerns of people.
The City Administrator stated he would be meeting with representatives of the
site during the week. He stated it was an ongoing community issue as it
relates to the people in the neighborhood and that an action plan would be
developed and the issues addressed.
60
I1
Page 17 - Council/Agency Minutes - 3/15/93
1
J
OFF REPORTS REQUESTED RE: PERS - RETIREMENT SYSTEM
In response to Councilmember Bauer's inquiry pertaining to the potential cost
of the PERS Retirement Program to the General Fund, the City Administrator
stated it was difficult to obtain clarity and direction due to the lengthy
time it takes to get a response to correspondence and the length of time PERS
has spent developing new rules. Never -the -less, he stated he would respond to
the matter April 1, 1993, what the situation indicates that the future may
hold and possible alternative actions. Mayor Winchell requested factual
chronology of the instance (unfunded liability) from the mid 1980's when the
city started the practice. Mayor Winchell also requested a report from Bob
Franz, Deputy City Administrator/Administrative Services.
GRAFFITI INCREASED
In response to the Council inquiries, Police Chief Lowenberg stated that
graffiti had increased since the sea wall permit process had started in
January 1992. He also stated that other communities with no sea wall had an
increase of graffiti.
RE OL TION NO. 6473- ADOPTED - HATE CRIMES (240.10)
The City Clerk presented Resolution No. 6473 for Council adoption - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONDEMNING HATE
CRIMES AND COMMENDING EFFORTS OF THE HUNTINGTON BEACH POLICE DEPARTMENT IN ITS
EFFORT TO COMBAT HATE CRIMES."
A motion was made by Moulton -Patterson, seconded by Silva, to adopt
Resolution No. 6473. The motion carried by the following roll call vote:
AYES: Robitailie, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
COUNCIL -SUBCOMMITTEE ON GRAFFITI APPOINTED - LT - TTER SILVA
SULLIVAN (120.25)
Councilmember Sullivan stated Moreno Valley had many outstanding features in
their policy pertaining to graffiti.
A motion was made by Sullivan, seconded by Silva, to create a subcommittee on
graffiti. The motion carried unanimously.
Mayor Winchell appointed Councilmembers Moulton -Patterson, Silva, and Sullivan
to the subcommittee on graffiti.
831
Page .la - Council/Agency Minutes - 3/15/93
ADJOURNMENT — COUNCIUREDEVELOPNENT A EN
Mayor Hincheli adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday,
March 22, 1993, at 5:30 P.M. in Council Chambers, Civic Center, Huntington
Beach, California.
ATTEST4" 400�1
City Clerk/Clerk
62
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
')� - Nrv�fj� -,
Mayor/Chairman
I