HomeMy WebLinkAbout1993-04-05 (8)MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Room B-8, Civic Chamber
Huntington Beach, California
Monday, April 5, 1993
Mayor Pro Tem Moulton —Patterson 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 COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
PRESENT: Robitaille, Bauer, Moulton —Patterson, Silva, Sullivan, Leipzig
ABSENT: Winchell
STUDY SESSION — CITY COUNCIL AND FOURTH OF JULY EXECUTIVE BOARD
Deborah Cope, President of the 1993 Fourth of July Parade, Country Fair and
Festival, reported on plans and fundraising efforts for the upcoming Fourth of
July celebration including a new merchandising program for the three day event
with the Parade, Fireworks, and Country Fair. The Executive Bnard has
requested that the city provide television production and programming as well
as police and public works personnel at no charge as a contribution to the
Fourth of July celebration. Ms. Cope stated that the expense of the parade is
offset by increased sales tax to the city. She spoke regarding the purchase
of production and air time for live television coverage.
The City Administrator addressed Council and reported on his communication
dated March 31, 1993.
Considerable discussion was held between the Council and Mrs. Cope.
Councilmember Sullivan requested clarification regarding the fireworks event.
A representative from Channel 13 addressed Council and reported on the
proposal for television/syndication and guarantee by the various TV stations.
In response to Councilmember Bauer he stated that promoting Huntington Beach
business would be part of it.
(City Council) DISCUSSION HELD RE: PUBLIC HEARING — SIX (6) MONTH REVIEW AND
APPEAL OF PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. 91-30
— CONDITIONAL EXCEPTION (VARIANCE) NO. 91-44 — ADAMS AVE — (REVOKE DANCING AND
LIVE ENTERTAINMENT PERMIT) — SAKURA RESTAURANT (420.40)
Discussion was held regarding notification of violations and revocation
hearing regarding the conditional use permit which allows dancing and live
entertainment.
(City Council) DISCUSSION HELD RE: PUBLIC HEARING — REVISIONS TO THE CITY'S
COMPREHENSIVE FEE SCHEDULE — (MSI) — HAZARDOUS MATERIALS REVIEW AND INSPECTION
PROGRAM — FEE REDUCTION — RESOLUTION NO. 6478 (340.20)
Discussion was held between Council and the Fire Chief clarifing the tables
included in the Request for Council Action.
Page 2 - Council/Agency Minutes - 4/5/93
(City Council) DISCUSSION HELD RE: AGREEMENT - GRADING OF GOTHARD LANDFILL
SITE & MUSHROOM FARM SITE - ROADWAY CONSTRUCTION COMPANY INC (600.10)
Discussion was held regarding the Grading Plans and Construction Contract for
grading of the Gothard Landfill and Mushroom Farm Site.
The City Administrator requested that the item be removed from the agenda for
further staff review.
(City Council) DISCUSSION WAS HELD RE: AGREEMENT - SOUTHERN CALIFORNIA
EDISON COMPANY — UNDERGROUND CABLE TO SERVE STREET LIGHTS - FLORIDA/UTICA
NEIGHBORHOOD (600.10)
Discussion was held between Councilmember Leipzig and staff regarding the
installation of.underground cable to serve new street lights in the
Florida -Utica Neighborhood Enhancement area.
(City Council) DISCUSSION WAS HELD RE: BUDGET REVISION - TELEVISION COVERAGE
OF THE 1993 FOURTH OF JULY PARADE (960.30)
Discussion was held between the Deborah Cope, President of the 1993 Fourth of
July Parade, and Council regarding increase in the Fourth of July Parade
budget for the purchase of production and air time for live television
coverage for the 1993 parade.
The City Attorney distributed an interdepartmental communication regarding the
liability for the cleanup of the contaminated property at 301 - 303 Main
Street stating that a technical evaluation of the various properties would
need to be done in order to determine the source of the contamination before
responsibility and liability can be pursued through legal action.
CLOSED SESSION
The Mayor Pro Tem called a Closed Session of the City Council pursuant to
Government Code Section 54956.9(a) to confer with its attorney regarding
pending litigation - Walter v. City of Huntington Beach - Orange County
Superior Court Case No. 68-63-42. (120.80)
The Mayor Pro Tem called a Closed Session of the City Council pursuant to
Government Code Section 54956.9(a) to confer with its attorney regarding
pending litigation which has been initiated formally and to which the city is
a party. The title of the litigation is Bailey, Hashin v. the City of
Huntington Beach - Orange County Superior Court Case No. 65-16-92. (120.80)
Page 3 - Council/Agency Minutes - 4/5/93
RECESS - RECONVENE
The Mayor Pro Tem called a recess of Council at 6:20 p.m. The meeting was
reconvened at 6:55 p.m.
ADJOURNMENT - COUNCIUREDEVELOPMENT AGENCY
Mayor Pro Tem Moulton -Patterson adjourned the adjourned regular meetings of
the City Council and the Redevelopment Agency of the City of Huntington Beach
to Friday, April 5, 1993, at 7 P.M. at the Council Chamber, Civic Center,
Huntington Beach, California.
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
ATTEST��: •
City Clerk/Clerk Mayor Pro Tem/Chairman Pro Tem
1
73
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, April 5, 1993
A videotape recording of this meeting is
on file in the City Clerk's Office.
Mayor Pro Tempore Moulton -Patterson 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, Silva, Sullivan, Leipzig
ABSENT: Winchell
FLAG CEREMONY AND INVOCATION
The Flag Ceremony was led by St. Bonaventure Saints -Girl's "A" Basketball Team
1992-93, Coach Greg Dies, Assistant Coach, Ian MacKinnon. The invocation was
given by Sister Sheila Donegan, Principal, St. Bonaventure School, Huntington
Beach.
PRESENTATION - COMMENDATION - CALIFORNIA PARKS & RECREATION SERVICES AGING
SECTION SCHOLARSHIP
The Mayor Pro Tempore presented to Laura Brown, former intern at the Senior
Outreach Center, a plaque commending her for having earned a scholarship from
the California Parks & Recreation Services Aging Section.
PRESENTATION - COMMENDATION - GIRL'S "A" BASKETBALL TEAM 1992-93 - PAROCHIAL
ATHLETIC LEAGUE
The Mayor Pro Tempore and Councilmember Sullivan presented commendations to
the St. Bonaventure Saints - Girl's "A" Basketball Team 1992-93 recognizing
their 27-0 record this season in the Diocese of Orange - Parochial Athletic
League.
Coach: Greg Dies Assistant Coach: Ian MacKinnon Players: Eighth graders:
Laura Fulton, Leslie Fulton, Alyssa Murray, Kim Buccola, Kelly Knutson, Kendra
Meano, Brenna Heid, Jessie Brady, Karen Vigen, and Seventh graders: Karyn
Rice, Angie Berardini, Maureen Thompson, Carissa Terry, Teresa Norris, and
Audrey Geraci (not present).
PROCLAMATION - MONTH OF APRIL - EARTHQUAKE PREPAREDNESS MONTH
The Mayor Pro Tempore presented a Proclamation to Fire Chief Mike Dolder
proclaiming the Month of April as "Earthquake Preparedness Month."
Yi 74C
Page 2 — Council/Agency Minutes — 4/5/93
CITIZEN EMERGENCY RESPONSE TEAM (CERT)
Fire Chief Dolder gave a report regarding the Citizen Emergency Response Team
(CERT) a Neighborhood Disaster Preparedness Group.
PUBLIC COMMENTS
Scott Runge spoke regarding the fact that the county will be the reviewing
agency for the Bolsa Chica. He spoke in opposition to the planned development
of the Bolsa Chica Wetlands. He spoke in favor of working with the Board of
Supervisors to keep the Bolsa Chica open space.
Juana Mueller spoke in favor of preserving the Bolsa Chica open space as a
National Wildlife Refuge.
Eileen Murphy spoke in favor of raising funds for the acquisition of the Bolsa
Chica for preservation.
Richard Bothwell, a resident of Harbor Keys on Evening Hill Road, spoke
regarding the problem with parking of motor homes on the street in residential
areas. He stated that it creates a traffic hazard with the motor homes
blocking the visibility in a neighborhood where children play could be hurt.
He requested that Council enact an ordinance and distributed copies of a
proposed ordinance and photographs.
In response to Council concerns, the City Attorney stated that a staff member
would review the ordinance presented by Mr. Bothwell from the City of La Palma
and return to Council.
Dominick Tomino spoke in favor of an ordinance restricting the parking of
motor homes in residential areas. He also spoke in favor of the city
maintaining control of the Bolsa Chica area.
Paul Horgan spoke in favor of preservation of the Bolsa Chica Wetlands in
order to save not pave.
John Jankowski spoke in favor of rent stabilization for mobile home parks. He
questioned what constituted a fair profit for the park owner. He stated that
his space rent had increased 100% over a seven—year period and the owner of
the park was charging rent at ten times his cost to lease the land. He
distributed a letter to Council and read parts of a letter sent to the
"Mobilehome News".
The City Administrator stated that staff was compiling a report on mobile home
park rental prices for the last five years.
Sandra Cole, resident Huntington By the Sea Mobile Home Park and member of
Huntington Beach Mobile Home Owners Association, spoke in favor of rent
stabilization for mobile home parks.
Jack Bowland, President of Home Council, spoke in favor of the city
patronizing banks that will give loans in blighted areas. He also spoke in
favor of eliminating the public deficit and implementation of the fee
increases outlined in the MSI study. He spoke regarding Home Council's
►7 expectations of the city's Finance Board and distributed material to the
Council.
1
Page 3 - Council/Agency Minutes - 4/5/93
Nancy Donaven spoke in opposition to the proposed development of the Bolsa
Chica wetlands. She stated she believed the coalition agreement had been
negated and hoped Council also agreed that it had.
Robert Cooley, retired officer of the Elks Lodge in Huntington Beach, spoke in
opposition to the proposed ordinance regarding Bingo Games stating that the
state law allows the organization to retain $1,000 or 10% of the gross
receipts for overhead and expenses prior to payment of prizes and the
Huntington Beach ordinance allows the organization to retain $500 or 10% of
the gross receipts for overhead and expenses prior to payment of prizes. He
stated that the city ordinance requirements should be the same as the state.
Tom Duchene, representing the Community Forum Huntington Beach, spoke
regarding their recent Town Hall meeting regarding graffiti. He stated that
changes should be made to the sea wall graffiti art program as he feels that
program has contributed to the increase of graffiti in the city. He stated
that a fee should be charged for the permits and applied to cover the costs of
enforcement of the graffiti ordinance in the city and the hours should be
restricted.
Jonathan Woolf -Willis spoke in opposition to the Koll Company action to takl
the Bolsa Chica issue to the County removing jurisdiction from the city. He
stated that the project would impact city schools, streets, police and water
etc. and that the City Council should do what they can to protect the city's
interests.
Taylor Shaw -Bass, downtown resident, spoke in opposition to the sea wall
graffiti art program as it is currently being operated. She stated that the
program needs more controls in place and she favors the use of a canvass as
opposed to the sea wall. She stated that the program should be self -funded
and in a guarded area.
Jan Shomaker spoke regarding the Community Forum Huntington Beach meeting and
the sea wall graffiti art program. She stated that the artists she had spoken
with are offended that their art is getting tagged. She stated that parental
involvement is part of the solution to remove graffiti and tagging from our
city and that the program should be self supporting and better monitored.
Vida Martin spoke in support of ending racism and recapturing the hope and
dreams with which she grew up.
TEMPORARY BEACH CURFEW - 10 P.M.
The City Administrator reported that a temporary beach curfew of 10 p.m. had
been instituted by the Community Services Director. The Community Services
Commission will be reviewing the curfew and a code amendment would need to be
adopted in order to make the curfew permanent.
CITY ADMINISTRATOR REPORTED RE• CITY CRIME
The City Administrator spoke regarding the recent newspaper report of an
increase in crime in the city. He quoted statistics of indexed crimes per
100,000 population, stated that crime is going down and that the city is.onp
of the safest cities over 100,000 population in the United States. G
76
Page 4 - Council/Agency Minutes - 4/5/93
REPORT RE: ANTI -GRAFFITI COMMITTEE
The City,Administrator reported that the Anti -Graffiti Committee is working on
a program to deal with graffiti in the city and would be bringing that to the
City Council for review.
In response to Councilmember Bauer's question, Ron Hagan, Community Services
Director, stated that the graffiti report would be ready by late April or
early May.
(City Council) OPENED PUBLIC HEARING - CONTINUED TO 4/19/93 - RECONSIDERATION
OF RESOLUTION NO.. 6413 - (TO ESTABLISH A FEE SCHEDULE TO ADMINISTER THE
MITIGATION MONITORING AND REPORTING PROGRAM) (340.20)
The Mayor Pro Tempore announced that this was the day and hour set for a
public hearing continued open from March 15, 1993 to consider the following:
APPLICATION NUMBER: Reconsideration of Resolution No. 6413
APPLICANT: City of Huntington Beach
LOCATION: City-wide
ZONE: City-wide
RE E T: Reconsideration of the City Fee Schedule for the Mitigation
Monitoring and Reporting Program which ensures implementation of required
mitigation measures included in mitigated negative declarations and
environmental impact reports.
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)
The City Administrator requested that this item be continued to April 19, 1993.
A motion was made by Moulton -Patterson, seconded by Silva, to continue the
public hearing pertaining to the administration and fee schedule for the
Mitigation Monitoring and Reporting Program to April 19, 1993. The motion
carried by the following roll call vote:
AYES: Robitaille,
NOES: None
ABSENT: Winchell
77
Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig
Page 5 - Council/Agency,Minutes - 4/5/93
%%,I 4)E %-VU1It. 1 1 /. \.LVJLU rVD"%, nLARLII%3 - \.VI\ I L"VLV IV `t/ 1 7/ 7J - JLA \U/ r"n
REVIEW AND APPEAL OF PLANNING COMMISSION'S REVOCATION OF CUP NO. 91-30 -
(VARIANCE) NO. 91-44 - ADAMS AVE - (REVOKE DANCING AND LIVE ENTERTAINMENT
PERMIT) - SAKURA RESTAURANT (420.40)
The Mayor Pro Tempore announced that this was the day and hour set for a
public hearing to consider the following:
APPLICATION NUMBER: Conditional Use Permit No. 91-30
Conditional Exception (Variance) No. 91-44
APPELLANT/APPLICANT: Gang Xu
LOCATION: 8052 Adams Avenue
ZONE: Seabridge Specific Plan
REQUEST: Appeal of the Planning Commission's revocation of the dancing and
live entertainment permit for Sakura Japanese Restaurant. This request also
includes a six (6) month review as requested by City Council on
October 5, 1992.
ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1
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.
Howard Zelefsky, Planning Director, reported on the status of the revocation
process. He stated that in July, 1992, the Planning Commission revoke the s
Conditional Use Permit due to two violations of the Conditions of Approval
which are (1) there was no parking lot security guard on duty during all
dancing events to monitor parking, trash and noise and (2) the hours of
operation for dancing exceeded the allowed times of Sunday through Thursday
9:00 p.m. to 12:00 a.m. and Friday through Saturday 9:00 p.m. to 1:30 a.m.
In October, 1992, the City Council voted to suspend the revocation for six
months in order for staff to monitor compliance with the conditions. In
March, 1993, representatives from the Code Enforcement Division investigated
the site and reported that there was no security guard on duty and that the
hours of operation were exceeded on more than one occasion.
Mr. Zelefsky stated that a Final Notice of Violation was issued today and it
does not appear that the applicant will comply with the conditions. He also
stated that he believes the applicant is contemplating or in the process of
selling the business.
Discussion was held by Council regarding the violations and the applicant's
failure to comply.
The City Clerk questioned if Findings of Fact for Revocation had been
presented.
Page 6 -.Council/Agency Minutes - 4/5/93
Mr. Zelefsky stated that the Planning Commission had extensive Findings of
Fact for Revocation but a copy of the findings was not included in the Council
material for this meeting but that he could have the findings available for
the next.'Council�meeting.
The Mayor Pro Tempore declared the public hearing open.
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 Pro Tempore.
A motion was made by Bauer, seconded by Leipzig, to revoke Conditional Use
Permit No. 91-30 and Conditional Exception No. 91-44 as soon as possible and
to continue the appeal to April 19, 1993 for receipt of proposed Findings of
Fact for Revocation by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig
NOES: None
ABSENT: Winchell
(City Council) OPENED PUBLIC HEARING - CONTINUED TO MAY 3 1993 - REVISIONS
TO THE CITY'S'COMPREHENSIVE FEE SCHEDULE - (MSI) - HAZARDOUS MATERIALS REVIEW
AND INSPECTION PROGRAM - RESOLUTION NO. 6478 (340.20)
The Mayor Pro Tempore announced that this was the day and hour set for a
public hearing for the purpose of considering revisions to the Fire Department
Hazardous Materials Review and Inspection Program contained within the city's
Comprehensive Fee Schedule.
The City Clerk_ presented Resolution No. 6478 for Council adoption - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING
RESOLUTION NO. 5159 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE'."
Legal notice as provided to the City Clerk's Office by staff had been
published and posted. No communication or written protests were received on
the matter.
The City Administrator requested that the public hearing be continued to
May 4, 1993 so that the Fire Department could amend language contained in the
resolution and charts in the staff report.
The Mayor Pro Tempore declared the public hearing open.
A motion was made by Leipzig, seconded by Sullivan, to continue the public
hearing pertaining to revisions to the city's comprehensive fee schedule
relating to the Hazardous Materials Review and Inspection Program to
May 3, 1993. The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan; Leipzig
NOES: None
ABSENT: Winchell, Silva (out of room)
79
Page 7 - Council/Agency Minutes - 4/5/93
CONSENT CALENDAR - (ITEMS REMOVED)
The following items were requested by Councilmembers to be removed from the
Consent Calendar for separate consideration: (Bauer) Emergency Purchase of
Body Armor Vests for the Fire Department, Television Coverage of the 1993
Fourth of July Parade, and Audit Contract with KPMG Peat Marwick; (Leipzig)
Grading of Gothard Landfill Site and Mushroom Farm Site.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Leipzig, seconded by Sullivan, Council approved the following
items, as recommended, by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Sullivan, Leipzig
NOES: None
ABSENT: Winchell, Silva (out of room)
(City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and
adopted the minutes of the Council/Agency adjourned regular and regular
meetings.of March 1, 1993, March 15, 1993 and adjourned regular meetings of
February 1, 1993, February 5, 1993, February 16, 1993 and March 22, 1993 as
written and on file in the Office of the City Clerk.
(City Council) AGREEMENT - SOUTHERN CALIFORNIA EDISON COMPANY - UNDERGROUND
CABLE TO SERVE STREET LIGHTS - FLORIDA/UTICA NEIGHBORHOOD - APPROVED
(600.10) - Approved and authorized execution of the agreement between the City
of Huntington Beach and Southern California Edison for the installation of
underground cable to serve new street lights in the Florida -Utica Neighborhood
Enhancement area for an amount not to exceed $73,700 including a ten percent
contingency.
Citv Council) INSTALLATION OF WWV TIME SOURCE RECEIVERS (TRAFFIC SIGNAL
SYNCHRONIZATION METHOD) AT FOURTEEN LOCATIONS WITHIN THE CITY - PLANS &
SPECIFICATIONS - CALL FOR BIDS - APPROVED (600.55) - Approved plans and
specifications for the installation of WWV time source receivers and antennas
at the following locations: Golden West Street at Palm Avenue, Yorktown
Avenue, Clay Avenue, Garfield Avenue, Ellis Avenue, Talbert Avenue, and Slater
Avenue; Magnolia Street at Banning Avenue, Hamilton Avenue, Atlanta Avenue,
Indianapolis Avenue, Yorktown Avenue, Garfield Avenue and Bolsa Chica Road
at Bolsa Street; authorized the Director of Public Works to solicit bids and
approved sample contract subject to award of contract to Council approved
lowest responsible bidder (OCTA Funding - $585,000). (To allow easy and
convenient synchronization of the GMA - 6 Project Traffic Signalization in
Huntington Beach.)
(City Council) ANNUAL APPLICATION FOR SB-821 (GAS TAX) FUNDS FOR FY 1993-94 -
RESOLUTION NO. 6477 - ADOPTED (340.80) - "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR BICYCLE AND/OR
PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR
PEDESTRIAN PLAN." Approximately $52,000 - (Projects planned include improving
various street corners, providing concrete sidewalks, handicap access ramps, ,
constructing/repairing bike trails.)
Page 8 - Council/Agency Minutes - 4/5/93
(City Council) APPROPRIATION OF FUNDS TO ADD NAMES TO PIER DONOR WALL -
APPROVED (240.30) - Approved appropriation and authorized the expenditure of
$6,705 for the placement of 748 new names on the Pier Donor Wall. These
individuals have donated an additional $133,800 toward the reconstruction of
the pier.
(City Council) SANWA BANK - BID FOR CITY OF HUNTINGTON BEACH BANKING SERVICES
- APPROVED (310.10) - Approved Sanwa Bank to continue to provide the city
with banking services for the period beginning June 1, 1993 through
May 31, 1996 (bid - $4,685.97).
(City Council) ORANGE COUNTY AUTO THEFT TASK FORCE - APPROVED (530.10) -
Authorized the Police Department to participate in the Orange County Auto
Theft Task Force and to increase personnel allocation by one officer to
replace the officer assigned to the Task Force.
(City Council) AGREEMENT - GRADING OF GOTHARD LANDFILL SITE & MUSHROOM FARM
SITE - ROADWAY CONSTRUCTION COMPANY INC - CONTINUED FROM MARCH 15 1993 -
APPROVED (600.10)
The City Clerk presented a communication from the Public Works Director
transmitting a proposed agreement for the grading of Gothard Landfill Site and
Mushroom Farm Site between the city of Huntington Beach and Roadway
Construction Company, Incorporated.
The Public Works Director reported that the city would be importing over 400
thousand cubic yards of soil from the Santa Ana River Project to the Gothard
Landfill Site and the Mushroom Farm Site. This imported soil will provide
proper drainage that was mandated by the California Regional Water Quality
Control Board and would save the city money. The project would create a large
volume of truck traffic in the area of these sites for the next four months.
The City Engineer gave a report on the purpose of importing soil. He stated
that the city has been in non-compliance with the California Regional Water
Quality Control Board for two years and a fine of $1,000 per day could be
instituted if the city did not take steps to comply. The Negative Declaration
for the project is in the thirty day response period and would be certified
prior to initiation of the project.
Councilmember Leipzig directed staff to amend the agreement with the
contractor to include monitoring of toxicity level, particle size or
permeability and control over determination of placement of certain fill
material.
A motion was made by Leipzig, seconded by Sullivan, to approve Grading Plans,
approve and authorize execution of Construction Contract between the city of
Huntington Beach and Roadway Construction Company, Incorporated, as amended to
include monitoring of toxicity level, particle size or permeability and
control over determination of placement of certain fill material for the
grading of the Gothard Landfill and Mushroom Farm Site at no cost to the
city. The motion carried by the following roll call vote:
AYES: Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig
8 1 NOES: None
ABSENT: Winchell, Robitaille (out of room)
Page 9 - Council/Agency Minutes - 4/5/93
Recommendation to Form a Public Works Commission - Review Major Public Works
Pr
Councilmember Leipzig recommended the formation of a Public Works Commission
for public review of major public works projects that involve earth moving,
grading and stockpiling.
The City Administrator stated the topic would be agendized for the next Study
Session.
(City Council) AUTHORIZATION/APPROPRIATION FOR EMERGENCY PURCHASE OF BODY
ARMOR VESTS FOR FIRE DEPARTMENT - APPROVED (320.45)
The City Clerk presented a communication from the Fire Chief regarding the
need for authorization and appropriation of funding for emergency purchase of
body armor vests for the Fire Department.
The Fire Chief reported that under the Statewide Master Mutual Aid Agreement
the city is responsible in Civil Defense Emergencies to report availability of
resources and respond when requested to other parts of the state.
A motion was made by Bauer, seconded by Silva, to authorize appropriation of
$30,000 for the emergency purchase of seventy-three (73) body armor vests for
the Fire Department by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig
NOES: None
ABSENT: Winchell
(City Council) BUDGET REVISION - TELEVISION COVERAGE OF THE 1993 FOURTH OF
JULY PARADE - APPROVED (960.30)
The City Clerk presented a communication from the Community Services Director
regarding the need for a budget revision to fund television coverage of the
1993 Fourth of July Parade.
Deborah Cope, President of the 1993 Fourth of July Executive Committee,
reported that the $40,000 being appropriated would be reimbursed to the city
through fund raising over a two to three year period. Also, the parade would
be broadcast nationwide, and would market the city to prospective businesses
and encourage visitors.
Following Council discussion, a motion was made by Bauer, seconded by
Robitaille, to approve a revision in the Fourth of July Parade budget to
increase Account E-FP-CS-206-3-90-00 by $40,000 from the FY 1992/93
unappropriated fund balance of the General Fund for the purchase of production
and air time for live television coverage for the 1993 parade by the following
roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig
NOES: None
ABSENT: Winchell
8,
Page 10 - Council/Agency Minutes - 4/5/93
(City Council) AUDIT CONTRACT BETWEEN THE CITY AND KPMG PEAT MARWICK -
APPROVED (600.10)
The City Clerk presented a communication from Robert Franz, Deputy City
Administrator, regarding the agreement for the annual financial audit.
Dan Villella, Finance Director, reported on the agreement for the annual
financial audit and evaluation of internal accounting controls.
After discussion by Council, a motion was made by Bauer, seconded by Silva, to
approve and authorize execution of the agreement between the City of
Huntington Beach and KPMG Peat Marwick for Audit Services to conduct the
annual audit of the city's financial statements for the year ending
June 30, 1993 in the amount of $46,000 by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Leipzig
NOES: None
ABSENT: Winchell, Sullivan (out of room)
RECESS - RECONVENE
The Mayor Pro Tempore called a recess of Council at 9:00 p.m. The meeting was
reconvened at 9:15 p.m.
(City Council) FISCAL STRATEGIES - 1993/94 BUDGET PREPARATION - CONTINUED TO
4/19/93 (310.10)
The City Clerk presented a communication from Robert Franz, Deputy City
Administrator, regarding the necessity to develop a contingency plan to absorb
potential revenue losses due to anticipated actions of the State of California
to take city revenue in 1993/94.
The City Administrator reported at length regarding the budget process.
Councilmember Sullivan spoke regarding the difference in Plan A and Plan B of
the budget. Considerable discussion was held.
A motion was made by Bauer, seconded by Leipzig, to continue the item
pertaining to the the fiscal strategies for preparation of the budget to
April 19, 1993 in order for Councilmembers to meet with the City Administrator
regarding their concerns. The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig
NOES: None
ABSENT: Winchell
(City Council) NEW FISCAL POLICY - CAPITAL IMPROVEMENTS - CONTINUED TO
4/26/93 (320.10)
The City Clerk presented a communication from Robert Franz, Deputy City
Administrator, regarding the need for independent financial review of major
new capital improvement projects prior to approval of such projects.
E001K
Page 11 - Council/Agency Minutes - 4/5/93
The City Administrator reported that the Citizen's Budget Task Force proposed
the idea of an independent financial review of major new capital improvement
projects and Council directed that this be included in the fiscal policies.
Council directed the City Administrator to prepare a report for the
April 26, 1993 meeting with a definition of what a major project is and a list
of the proposed projects and the estimated cost of each.
A motion was made by Silva, seconded by Sullivan, to continue the fiscal
policy for capital improvements to April 26, 1993. The motion carried by the
following vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig
NOES: None
ABSENT: Winchell
(Redevelopment Agency) GEO REMEDIATION CONTRACTS FOR SITE ASSESSMENT AT THIRD
BLOCK WEST AND 504 AND 506 PACIFIC COAST HIGHWAY - MAIN -PIER REDEVELOPMENT
PROJECT AREA - APPROVED (600.30)
The City Clerk presented a communication from the Economic Development
Director regarding two agreements for the services of a hazardous materials
consultant in conjunction with the Agency approved project Third Block West
and the pending Agency acquisition of 504 and 506 Pacific Coast Highway.
Barbara Kaiser, Economic Development Director, reported that the analysis is
necessary to determine the extent of soil and water table contamination as
petroleum tanks were found buried in the area.
Discussion was held by Council and staff regarding developer responsibility
for a portion of the costs.
The City Attorney distributed a communication to Council regarding the clean
up liability. She stated that ownership of the property has been
established. An assessment of the damage is necessary prior to initiation of
a lawsuit for the remediation costs.
A motion was made by Robitaille, seconded by Moulton -Patterson to:
1. Approve and authorize execution of the agreement between the
Redevelopment Agency of the City of Huntington Beach and GeoRemediation,
Incorporated, to Perform Subsurface Investigation and Remediation of
Contamination at a site on Main Street and Olive Avenue (in the public
right of way and on privately owned land within the Third Block West
project site) in an amount not to exceed $39,150 plus expenses as
reflected in Exhibit A to the RCA dated April 5, 1993, and
2. Approve and authorize execution of the agreement between the
Redevelopment Agency of the City of Huntington Beach and GeoRemediation,
Incorporated, to perform Subsurface Investigation and Remediation of
Contamination at 504 and 506 Pacific Coast Highway. Wimpi's site to be
incorporated in Main -Pier Phase II in an amount not to exceed $2,000 plus
expenses as set forth in Exhibit A to the RCA dated April 5, 1993.
8��
Page 12 - Council/Agency Minutes - 4/5/93
The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig
NOES: None
ABSENT: Winchell
(City Council) ORDINANCE NO. 3185 - INTRODUCTION APPROVED - PIER
REGULATIONS (640.10)
The City Clerk presented a communication from the City Attorney containing a
revised Ordinance No. 3185 for Council approval - "AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING
CHAPTERS 10.84 AND 13.12 PERTAINING TO PIER REGULATIONS."
A motion was made by Silva, seconded by Leipzig, to approve introduction of
Ordinance No. 3185, after reading by title. The motion carried by the
following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig
NOES: None
ABSENT: Winchell
(City Council) ORDINANCE NO, 3190 - INTRODUCTION APPROVED - BINGO GAMES
(640.10)
The City Clerk presented Ordinance No. 3190 for Council approval - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 5.64.110(b) PERTAINING TO PROCEEDS OF BINGO
GAMES."
A motion was made by Silva, seconded by Moulton -Patterson, to approve
introduction of Ordinance,No. 3190, after reading by title. The motion
carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig
NOES: None
ABSENT: Winchel.l
FINANCE BOARD APPOINTMENT APPROVED - JAN SHOMAKER (110.20)
Councilmember Earle Robitaille appointed Jan Shomaker to serve as his
representative on the Finance Board.
FINANCE BOARD APPOINTMENT APPROVED - CHUCK BOHLE (110.20)
Councilmember Ralph Bauer appointed Chuck Bohle to serve as his representative
on the Finance Board.
TRANSPORTATION PLANNING - REQUEST FOR JOINT STUDY SESSION (940.50)
5 Councilmember Bauer spoke regarding a March 16, 1993 memo from the Huntington
Beach Environmental Board requesting a Joint Study Session with the
Transportation Commission regarding development of a plan to integrate into
the transportation program in Oranae County
Page 13 - Council/Agency Minutes - 4/5/93
CONTINUATION OF THE GENERAL PLAN ADVISORY COMMITTEE (440.90)
Councilmember Bauer spoke regarding the details, scheduling, funding and
completion of the General Plan Amendment.
DISCUSSION ON THE BOLSA CHICA (440.60)
Councilmember Bauer spoke regarding the effect of the review process for the
development of the Bolsa Chica area being moved by the Koll Company from the
city to the county, review city's participation in the Bolsa Chica Coalition,
financial status of Bolsa Chica Company, possible poll of citizens regarding
the Bolsa Chica and proposed application for designation of the area as a
Federal Wildlife Preserve which could provide funds for land purchase and
operating expenses.
A motion was made by Leipzig, seconded by Sullivan, to write a letter of
appeal to Supervisor Harriett Weider and the other members of the Board of
Supervisors requesting they not revoke the Memorandum of Understanding of the
Bolsa Chica Coalition and to request Supervisor Weider to guarantee the city
and citizens that she would not vote for any project that would not be
approved by the people and the City of Huntington Beach, also a letter to the
Koll Company requesting they withdrawn their request to the County and provide
the city with a detailed rationalization for the action taken, and appeal to
the California Environmental Quality Act (CEQA) and National Environmental
Protection Agency (NEPA) for the city to continue as lead agency on this
project by the following roll call vote:
AYES: Bauer, Moulton -Patterson, Sullivan, Leipzig
NOES: Robitaille, Silva
ABSENT: Winchell
Formation of Bolsa Chica Committee
Mayor Pro Tempore Moulton -Patterson requested that the formation of a Bolsa
Chica Committee be agendized for April 19, 1993 with appointments to be made
at that meeting. The committee would be the city's representative during the
planning and entitlement process and be responsible for meeting with Federal,
State, County representatives as well as landowners and public interest groups.
FINANCE BOARD APPOINTMENT APPROVED - ROBERT DETTLOFF (110.20)
Mayor Pro Tempore Moulton -Patterson appointed Robert Dettloff to serve as her
representative on the Finance Board.
FINANCE BOARD APPOINTMENT APPROVED - JOHN FISHER (110.20)
Councilmember Silva, on behalf of Mayor Winchell, appointed Robert Dettloff to
serve as her representative on the Finance Board.
FINANCE BOARD APPOINTMENT APPROVED - DIRK VOSS (110.20)
Councilmember Jim Silva appointed Dirk Voss to serve as his representative on 86
the Finance Board.
Page 14 - Council/Agency Minutes - 4/5/93
TRANSPORTATION PLANNING - TRAFFIC LIGHT SYNCHRONIZATION
Councilmember Silva spoke in favor of synchronization of traffic signals
relating to item E-6 approved earlier.
Lou Sandoval, Public Works Director, reported on the Traffic Signal Master
Plan.
PROBLEM WITH HANDBILL DISTRIBUTION - STAFF TO REVIEW
Councilmember Silva questioned the status of enforcement of the handbill
ordinance.
Ray Silver, Assistant City Administrator, responded to the question and stated
that he would review the status and penalties involved.
STATUS REPORT ON CASCADE LANE - PUBLIC HEARING TO BE RESCHEDULED
The City Administrator stated that due to an error in the public hearing
notice the hearing was rescheduled to the April 19, 1993 meeting.
FINANCE BOARD APPOINTMENT APPROVED - CHUCK SCHEID (110.20)
Councilmember Dave Sullivan appointed Chuck Scheid to serve as his
representative on the Finance Board.
COMPLIMENT TO POLICE DEPARTMENT
Councilmember Sullivan related an incident he had recently experienced and
complimented the Police Department personnel in the way the situation was
handled.
FINANCE BOARD APPOINTMENT APPROVED - CHARLES FALZON (110.20)
Councilmember Victor Leipzig appointed Charles Falzon to serve as his
representative on the Finance Board.
OFF -SHORE OIL LOCAL GOVERNMENT COALITION
Councilmember Leipzig spoke in favor of joining the coalition of cities
involved in the off -shore oil drilling issue.
COMMENDATION - HOUSING REHABILITATION MANAGER r,•4 ,, ..
Councilmember Leipzig commended Dan Bruening, Housing Rehabilitation Manager,
for his work with the property owners in making improvements in the Oakview
Redevelopment Project Area.
WE
Page 15 - Council/Agency Minutes - 4/5/93
COMMENDATION - BUSINESS DEVELOPMENT DIVISION - NEW BUSINESS ASSISTANCE
CHECKLIST
Councilmember Leipzig commended the employees in the Business Development
Division for their work in preparing the New Business Assistance Checklist.
RECESS - CLOSED SESSION
The Mayor Pro Tempore called a recess of Council to Closed Session at
11:00 P.M.
The Mayor Pro Tempore called a Closed Session of the City Council pursuant to
Government Code Section 54956.9(a) to confer with its attorney regarding
pending litigation - HBPOA v. Price - United States District Court CV 92-6165
(SHs). (120.80)
The Vice 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 Coultrup Development Corporation concerning the
purchase/sale/exchange/lease of the property located between Main Street,
Pacific Coast Highway and 5th and Walnut - Main -Pier Phase II. (120.80)
The Vice 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 Orin Berge concerning the purchase/sale/exchange/
lease of the property located at Center Avenue and I-405 Freeway. (120.80)
The Mayor Pro Tempore called a Closed Session
Government Code Section 54957.6 to meet with
regarding labor relations matters - Meet and
Safety. (120.80)
ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY
of the City Council pursuant to
its designated representatives
Confer - Police/Fire/Marine
Mayor Pro Tempore Moulton -Patterson adjourned the regular meetings of the City
Council and the Redevelopment Agency of the City of Huntington Beach to
Monday, April 19, 1993 at 5:30 p.m., Room B-8, Civic Center, Huntington Beach,
California.
ATTEST:
4�1� 044".
City Clerk/Clerk
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
Mayor Pro Tempore/Vice Chairman