HomeMy WebLinkAbout1993-05-03 (8)MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Room B-8, Civic Chamber
Huntington Beach, California
Monday, May 3, 1993
A videotape recording the audio portion 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 5:00 p.m.
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
PRESENT: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
ABSENT: None
STUDY SESSION - COULTRUP DEVELOPMENT COMPANY - MAIN -PIER PROJECT AREA - PHASE
II
A petition bearing approximately 63 signatures of downtown merchants and/or
property owners requesting a moratorium of enforcement of sign code require-
ments until a City Council adoption of a Planned Sign Program.
Connie Mandic stated the property owners were united and present to speak
regarding the downtown development of Main -Pier Phase II.
Gary Mulligan stated that the local business people are united and want to be
part of the redevelopment.
Elden Bagstad addressed the issue of relocation benefits.
Ann Mace spoke regarding the issues of Executive Director veto power and
waiver of claims listed in the Disposition and Development Agreement.
Gary Mulligan spoke in support of reconstruction versus new construction.
Frank Cracchiolo spoke regarding fairness with Agency negotiations. He
requested that the city go forward with redevelopment to eliminate the
blighted areas.
Frank Alfonzo stated he had purchased property five years ago and was told it
was three months away from being able to be us.ed. He requested a temporary
Conditional Use Permit to occupy the building until construction takes place.
In response to Councilmember Silva's inquiry, Frank Alfonzo stated the city's
response to his request was that there was not available parking for
restaurant use.
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Bob Bolen presented slides of the downtown business area showing parking as
one of their major concerns.
Connie Mandic spoke in support of the city providing temporary parking on
block 105 while the blocks were being completed. She requested that the DDA
be amended to reflect the changes to most importantly to allow for parking.
She stated an informal petition bearing approximately 47 signatures of persons
in support of the development and build out of Main Pier Phase I I , Block 104
and 105, those blocks bound by PCH, Main, Walnut and 6th, had been presented
to the City Clerk.
STUDY SESSION — COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSED BUDGET —
FY 1993-94
Mayor Winchel1 stated the recommendations for the Community Development Block
Grant Proposed Budget would be presented at the 7 p.m. meeting. Council
action on the recommendations would take place at the May 17, 1993 meeting.
Barbara Kaiser, Deputy City Administrator/Economic Development, reported on
the process and requirements of the city to use Federal resources.
Stephen Kohler, Project Manager, presented a program summary and reported on
funding.
The attending members from the Citizens Advisory Board and the Human Resources
Board introduced themselves.
Discussion was held between Council, staff, and Board members pertaining to
the Board's recommendations.
(City Council) DISCUSSION HELD RE: PUBLIC HEARING — REVISIONS TO THE CITY'S
COMPREHENSIVE FEE SCHEDULE — (MSI) — HAZARDOUS MATERIALS REVIEW AND INSPECTION
PROGRAM — RESOLUTION NO. 6478 (340.20)
In response to Councilmember Silva's inquiry, Fire Chief Dolder reported the.
item pertaining to the C.ity's Comprehensive Fee Schedule applied to the fee
structure for businesses operating in Huntington Beach using and storing
hazardous material. He stated that it did not apply to spills or leaks.
(City Council) DISCUSSION HELD RE: 1993/94 TENTATIVE BUDGET — WEST ORANGE
COUNTY WATER BOARD (320.80)
Councilmember Leipzig requested staff to provide a brief summary of the West
Orange County Water Board's functions at the 7 p.m. meeting. He also asked if
the Board could accomplish its functions with a reduced budget.
Councilmember Bauer spoke in opposition to the item pertaining to the West
Orange County Water Board 1993/94 tentative budget.
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(City Council) DISCUSSION HELD RE: AGREEMENT - MUNICIPAL ARTS CENTER
RENOVATION PROJECT CONSTRUCTION MANAGEMENT SERVICES - FUNDAMENT & ASSOCIATES -
CC-753 (600.10)
In response to Mayor WinchelI's inquiry, Robert Franz, Deputy City Adminis-
trator/Administrative Services; reported pertaining to construction and cost
analysis for the Municipal Arts Center. He explained the difference between
an appropriation and a loan.
CLOSED SESSION
The Mayor 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/sale/exchange/lease of the property located between Main Street,
Pacific Coast Highway and 5th and Walnut - Main -Pier Phase II. (120.80)
The Mayor called a Closed Session of the City Council pursuant to Government
Code Section 54956.9(a) to confer with its attorney regarding pending litiga-
tions - Bailey, Hashin v. City - OCSCC 65 16 92 (120.80)
RECESS - RECONVENE
The Mayor called a recess of Council at 6:20 p.m. The meeting was reconvened
at 6:55 p.m.
ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY
Mayor Winchell adjourned the adjourned regular meetings of the City Council
and the Redevelopment Agency of the City of Huntington Beach to Monday,
May 7, 1993, at 7 p.m. at the Council Chamber, Civic Center, Huntington Beach,
California.
ATTEST:
"
�4�
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
/�J. •
Mayor/Chairman
119
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, May 3, 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 and Invocation was led by the Junior Girl Scout Troop #458
from Harbor View School, Huntington Beach, Leader Michelle Lally.
PRESENTATION - $49,250 INCENTIVE REBATE CHECK FROM SOUTHERN CALIFORNIA EDISON
Susan Bobey, Energy Sales Engineer, Southern California Edison, presented a
check in the amount of $49,250 to Mayor Winchell and Jeff Renna, Water
Operations Manager, and Howard Johnson, Water Production Supervisor. The
check represents an incentive rebate from the Large Equipment Replacement
Program.
PROCLAMATION - AMERICA'S WETLANDS MONTH - MAY
Mayor Grace Winchell presented a proclamation designating the month of May as
America's Wetlands Month to Adrianne Morrison, Executive Director, Amigos de
Bolsa Chica.
In honor of "Wetlands" month, Eddie Montana, a local recording artist, sang a
song of tribute to the Bolsa Chica Wetlands for the Amigos which he had
composed entitled "Wetland Song".
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Page 2 - Council/Agency Minutes - 5/3/93
REPORT RE: GRAFFITI SUBCOMMITTEE
Councilmember Sullivan reported regarding the Graffiti Subcommittee and the
overall problems of tagging.
THE BOLSA CHICA STRATEGIC PLANNING COMMITTEE MISSION STATEMENT (120.25)
A motion was made by Leipzig, seconded by Moulton -Patterson, to adopt the
Mission Statement. The motion carried by the following roll call vote:
AYES: Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig
NOES: Robitaille, Silva
ABSENT: None
(Councilmember Silva requested that the record show his vote as "no" instead
of his original "yes" vote. Following a ruling on procedure from the City
Attorney, there was a consensus of Council to approve a motion made by
Sullivan, seconded by Moulton -Patterson, to accept the indication by
Councilmember Silva to change his vote.)
Bolsa Chica Memorandum of Agreement Btwn City & County - Termination
Following discussion, a motion was made by Leipzig, seconded by
Moulton -Patterson, to direct staff to send a letter to each of the Orange
County Board of Supervisors urging them to rescind their March 30th action
terminating the Bolsa Chica Memorandum of Agreement between the City of
Huntington Beach and the County of Orange and to direct staff to prepare
letters to the Mayor and Council of each of the 31 Orange County Cities
requesting that they send a letter to their respective Orange County Board
Supervisor urging them to rescind their March 30th action terminating the
Bolsa Chica Memorandum of Agreement between the City of Huntington Beach and
the County of Orange following a committee meeting with Orange County
Supervisor Wieder.
It was suggested by Councilmember Sullivan to amend the main motion to mail
the prepared letters by Friday, May 7, 1993, if the committee meeting did not
take place.
The main motion made by Leipzig, seconded by Moulton -Patterson, to direct
staff to send a letter to each of the Orange County Board of Supervisors
urging them to rescind their March 30th action terminating the Bolsa Chica
Memorandum of Agreement between the City of Huntington Beach and the County of
Orange and to direct staff to prepare letters to the Mayor and Council of each
of the 31 Orange County Cities requesting that they send a letter to their
respective Orange County Board Supervisor urging them to rescind their March
30th action terminating the Bolsa Chica Memorandum of Agreement between the
City of Huntington Beach and the'County of Orange following a committee meet-
ing with Orange County Supervisor Wieder, but if the meeting does not take
place to proceed with mailing the letters by Friday, May 7, 1993. The motion
carried by the following roll call vote:
AYES: Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig
NOES: Robitaille, Silva
ABSENT: None
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PUBLIC COMMENTS
Joe Whaling, Vice President Huntington Beach Lions Club, extended an invita—
tion to the Pancake breakfast celebration held on Mother's Day, Oak Park,
Saturday, May 8, 1993.
Nancy Donaven commended Council for their vote of approval pertaining to the
Bolsa Chica item previous to Public Comments. She stated she believed public
open space is very important.
Chuck Barbara stated he believed the City Council was treating the Bolsa Chica
issue politically rather than from a business standpoint. He stated his
concerns regarding the provision of fire service to the existing community.
Tom Livengood, representing Amigos de Bolsa Chica, expressed support of the
City Council being the lead government agency to coordinate the project. He
read from the Coalition Agreement regarding types and densities of area.
Pamela Julien distributed to Council and the City Clerk a Superior Court
Opinion pertaining to Freedom Newspapers, Inc., Plaintiff and Appellant, v.
Orange County Employees Retirement System Board of Directors, Defendant and
Respondent, dated August 31, 1992. She expressed concerns pertaining to
possible conflict of interest of Councilmember Bauer and requested a written
response by the City Attorney. She stated she believed the Bolsa Chica
Strategy Committee meetings should be public.
Dean Albright stated he believed that the HCD Block Grant could subsidize the
Fire Department programs to provide for the senior citizens. He stated that
the city should actively expand the tax base by giving business incentives to
move into Huntington Beach and/or make budget cuts.
Ed Kerins presented an informal petition bearing approximately 145 signatures
of persons protesting the transfer of the primary responsibility of the Bolsa
Chica development to Orange County and requesting that the City Council do
what they can, including the taking of legal action, to restore that respon—
sibility to the City of Huntington Beach.
Wendy Mello thanked the city for cleaning the tagged wall on Bolsa Chica
Street at Scandia Mobilehome Park. She made a legal inquiry as to whether or
not a contractor doing city work (tree removal on Minuet Drive) could hire
subcontractors to do private work (concrete driveways) during the same time
period with no work permits.
Taylor Shaw —Bass distributed material to Council and spoke in opposition to
the Sea Wall Graffiti Art Program stating she believed it promoted crime.
Bryan Bridges stated he did not believe Council should vote on items previous
to Public Comments. He stated that the action taken against picketing should
be repealed to allow free speech. He stated that the taggers of graffiti
and/or parents of the taggers should be responsible for graffiti cleanup and
not the homeowners or business people.
Tony Nottke spoke pertaining to a Federal Environmental Ordinance on the
handling and usage of art materials which may be deemed as carcinogenic. He
stated he believed the ordinance would would place the city at risk of liabil—
ity due to the permits i.s;sued for the Sea Wall. He questioned the right to
use the city seal and the',CA.state seal on invitations for political parties.
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Page 4 — Council/Agency Minutes — 5/3/93
Brian Rechsteiner spoke in support of the item pertaining to illegal tagging.
He spoke in opposition of any budget cuts for the Police Department.
George Arnold spoke in opposition to the item pertaining to the Parkway
License Agreement between the City of Huntington Beach and Abdelmuti Develop—
ment Company. He spoke in opposition to the City allowing the Hilton to
continue to operate even though they filed bankruptcy. He stated the skate—
boarders are traveling at 60-70 miles per hour on the blacktop and should have
the same rules as the bicyclists. He suggested that the lifeguards have the
authority to write tickets rather than the motorcycle police officers.
John Jankowski addressed the issue of preserving the Bolsa Chica wetlands. He
cited history of the United States and stated the mobilehome renters are
economically oppressed.
William Bernard, Rancho del Rey Mobilehome Park resident and a member of city
and state housing groups, stated that at the March 26, 1993 Council/Redevelop—
ment meeting at the Senior Outreach Center the role of the Council assisting
mobilehome residents was reviewed. He stated Council direction was given to
the City Administrator to correspond with owners who requested statistical
information on rent increases in past years. He stated that the information
was sent by a representative of a manufactured housing educational trust, an
interested third party, and that it could be construed as a conflict of
interest.
Mayor Winchell stated that Mr. Bernard's comments would be addressed later in
the meeting.
Raymond Pacini, Chief Financial Officer of Bolsa Chica Company, distributed
material to Council. He stated he wished to clear misunderstandings. He
presented a history of funding and stated he was available to answer
questions.
Mark Porter spoke pertaining to the Bolsa Chica wetlands stating it had become
a political process rather than a pure economical process. He spoke in oppo—
sition to the proposed Board salary increases for the West Orange County Water
Board.
CITY ADMINISTRATOR'S REPORT
City Administrator reports re: Work Permits and Mobilehome Park Increase
Information
The City Administrator stated he would investigate whether or not a contractor
could perform work absent permits which was questioned by Wendy Mello during
public comments.
Request for Mobilehome Rent Increase Information
The City Administrator stated that in reqard to the requested rent increase
information for mobilehome parks for the last three years, Bill Talley was in
the Council meeting audience and stated he would be able to provide the infor—
mation. He stated that if the information was inaccurate he would get the
corrected information from the mobilehome park owner.
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Page 5 - Council/Agency Minutes - 5/3/93
City Budget Available for Review - Budget Workshop 5/24/93
The City Administrator stated the budget is available for review and that
copies are at the library and stated the next budget workshop will be
May 24, 1993.
Huntington Beach 12th Safest City in U.S.
The City Administrator stated that it had been reported that Huntington Beach
was the 12th safest city in the United States, having a low crime rate for a
city with a population over 100,000.
Main Street Summer Construction Deferred until September
In response to merchants' concerns of Main Street closure between Pacific
Coast Highway and Walnut Avenue, the City Administrator, stated that work would
continue on the west side but work on the east side would be deferred until
after Labor day to keep the street open.
Copy of Budget Available at Library and for Checkout at City Clerk's Office
The City Clerk stated the budgets are available at the Central City Library
and at the City Clerks Office. She stated they may be checked out at the City
Clerk's Office.
Council Meeting to be Held Re: City Budget 3/22/93
The City Administrator stated there would be a Closed Session Council meeting
Monday, May 22, 1993 at 5 p.m. and the budget issue would be discussed at
7 p.m. in the Council Chambers.
Council Meeting to be Held 5/24/93
The City Administrator stated there would be a workshop Friday, May 24, 1993
at 3 p.m. at the Senior Outreach Center. He stated the subjects for discus-
sion would be development objectives, work plan, affordable housing,
Maxwell's, and mobile homes.
Report Re: Employee Retirement Procedures
In response to the City Administrator, Bob Franz, Deputy City Administrator/
Administrative Services, stated a report would be prepared in April on the
retirement procedures employees would exercise in a rollover consideration.
Downtown Footbeat Police Officers - Summer Deployment - 6/12/93
The City Administrator stated that effective June 12, 1993 the Police Depart-
ment would change over to the Summer Deployment which would end in
mid -September. He stated the shift change would bring a change in hours of
operation for the Downtown Footbeat Officers.
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(City Council) PUBLIC HEARING - REVISIONS TO THE CITY'S COMPREHENSIVE FEE
SCHEDULE - (MSI) - HAZARDOUS MATERIALS REVIEW AND INSPECTION PROGRAM -
RESOLUTION NO. 6478 - ADOPTED (340.20)
The Mayor announced that this was the day and hour set for a public hearing
continued open from 4/5/93 for the purpose of considering revisions to the
Fire Department Hazardous Materials Review and Inspection Program contained
within the City's Comprehensive Fee Schedule.
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 Clerk presented Resolution No. 6478 amending the City Fee Schedule
for "Hazardous Materials Review and Inspection fee Schedule" to lower fees to
recover fully -burdened cost of administering the Hazardous Materials
Disclosure Program as identified by MSI 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."
Fire Chief Dolder presented a staff report.
The Mayor 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.
A motion was made by Silva, seconded by Leipzig, to adopt Resolution
No. 6478. The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Leipzig
NOES: None
ABSENT: None (Sullivan - out of the room)
(City Council/Redevelopment Agency) JOINT PUBLIC HEARING - DISPOSITION &
DEVELOPMENT AGREEMENT - ORRIN G. BERGE. JR. - HUNTINGTON CENTER REDEVELOPMENT
PROJECT AREA - COUNCIL RESOLUTION NO. 6479 & AGENCY RESOLUTION NO. 238 -
ADOPTED (600.30)
The Mayor announced that this was the day and hour set for a public hearing
for the purpose of considering a Disposition and Development Agreement by and
between the Redevelopment Agency of the City of Huntington Beach and Orrin G.
Berge, Jr. dated February 15, 1993, which provides for the sale or long term
lease of property owned by the Redevelopment Agency to Orrin G. Berge, Jr.
said property is located between Center Avenue on the south and I-405 Freeway
on the north and east of Gothard.
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 Clerk presented Council Resolution No. 6479 for Council adoption -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING
THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH AND ORRIN G. BERGE."
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Page 7 - Council/Agency Minutes - 5/3/93
The Clerk presented Agency Resolution No. 238 for Agency adoption - "A
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROV-
ING THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH AND ORRIN G. BERGE."
The Mayor declared the public hearing open.
Orrin Berge stated he was present to answer questions.
There being no one present to speak further 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 Silva, seconded by Moulton -Patterson, to adopt Council
Resolution No. 6479 and Agency Resolution No. 238. The motion carried by
the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Leipzig
NOES: None
ABSENT: None (Sullivan - out of the room)
CONSENT CALENDAR - (ITEMS REMOVED)
The only items not requested for Consent Calendar removal were the following
two items: Council/Agency Minutes; and Phase II, Goldenwest Street Widening
at Pacific Coast Highway.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Silva, 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
sty Council/Redevelopment Agency) MINUTES - APPROVED - Approved and
adopted the minutes of the Council/Agency adjourned regular meetings of
March 26, 1993 and April 5, 1993 as written and on file in the Office of the
City Clerk.
Mayor Winchell abstained from the vote of approval for the Council/Agency
adjourned regular meetings of April 5, 1993.
Citv Council) PHASE II - GOLDENWEST STREET WIDENING AT PACIFIC COAST HIGHWAY
- PLANS & SPECIFICATIONS - APPROVED - CALL FOR BIDS - AUTHORIZED - CC-575
1600.501 - Approved plans and specifications for construction of Phase II of
the Goldenwest Street Improvements, street widening and pavement rehabilita-
tion at Pacific Coast Highway, authorized the Director of Public Works to
solicit bids for construction and approved the sample contract subject to
award of the contract to the lowest responsible bidder.
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(City Council) RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) - APPROVED (530.10)
The City Clerk presented a communication from the City Administrator dated
May 3, 1993 pertaining to the Retired Senior Volunteer Program (RSVP).
In response to Councilmember Bauer's inquiry, Police Chief Lowenberg reported
on funding.
A motion was made by Bauer, seconded by Moulton -Patterson, to approve and
authorize the Police Department to further develop and implement a Retired
Senior Volunteer Program to provide certain police related services for our
community and authorize expenditure from Narcotic Forfeiture to fund initial
costs. The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(City Council) PARCEL MAP #92-218 - APPROVED - McDONNELL DOUGLAS -
7812 EDINGER AVENUE (420.70)
The City Clerk presented a communication from the City Administrator dated
May 3, 1993 pertaining to Parcel Map No. 92-218.
In response to Councilmember Bauer's inquiry, Lou Sandoval, Public Works
Director, reported on the benefit of consolidating two lots into one lot as it
would pertain to Parcel Map No. 92-218.
A motion was made by Bauer, seconded by Sullivan, to approve Parcel Map
No. 92-218 pursuant to the mandatory findings set forth by the Zoning Adminis-
trator and instruct the City Clerk to affix her signature to the map and
release the map to the County for processing. 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) BID AWARD - APPROVED - CIVIC CENTER OIL PIPELINE INSTALLATION
- J. L. STANTON CONSTRUCTION COMPANY (600.80)
The City Clerk presented a communication from the City Administrator dated
May 3, 1993 pertaining to bid results for the construction and installation of
the Civic Center Oil Pipeline.
Fire Chief Dolder reported and answered Council inquiries.
A motion was made by Leipzig, seconded by Bauer, to accept the low bid of
J. L. Stanton Construction, Inc., for construction and installation of the
Civic Center Oil Pipeline, approve and authorize execution of agreement
between the City and J. L. Stanton Construction Company, Inc., and authorize
the Fire Chief to expend $116,416 to cover contract cost of $101,231,
estimated construction change orders of $10,123 and "Supplemental" expendi-
tures not to exceed $5,062, hold bid bonds on the lowest three bidders until
execution of contract and filing of bonds, reject all other bids and
i
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Page 9 - Council/Agency Minutes - 5/3/93
direct the City Clerk to notify the unsuccessful bidders and return their bid
bonds. The bids were as follows:
J. L. Stanton Construction Company Inc. $101,231.00
Zaich Construction 141,705.00
Doty Brothers Pipeline 141,860.00
S & E Pipeline 165,222.49
Greg J. Buchanan Inc. 184,970.00
The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Winchell, Sullivan, Leipzig
NOES: None
ABSENT: None (Moulton -Patterson, Silva - out of the room)
(Redevelopment Agency) AMENDMENT #1 TO AGREEMENT - APPROVED - POPPIN & SHIER
- BANKRUPTCY LEGAL ADVICE AND REPRESENTATION IN CONNECTION WITH THE WATERFRONT
HILTON HOTEL (600.30)
The City Clerk presented a communication from the City Attorney dated
May 3, 1993 pertaining to Poppin & Shier contract for bankruptcy legal advice
and representation in connection with the Waterfront Hilton Hotel.
The City Attorney reported.
A motion was made by Silva, seconded by Bauer, to approve and authorize execu-
tion of Amendment No. 1 to Agreement between the Redevelopment Agency of the
City of Huntington Beach and the Law Firm of Poppin & Shier in a sum not to
exceed $20,000 and appropriate $20,000 from Main -Pier Driftwood Relocation
Capital Project Account for the purpose of funding said contract. The motion
carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(City Council) FINAL TRACT MAP #14757 - APPROVED - DELAWARE II - 409 UTICA
AVENUE (420.60)
The City Clerk presented a communication from the City Administrator dated
May 3, 1993 pertaining to Final Tract Map 14757.
In response to Councilmember Bauer's inquiry regarding the term 'substantial
compliance' Scott Hess, Senior Planner, explained the process of tentative
maps going through minor changes before becoming final maps.
The City Attorney reported.
A motion was made by Silva, seconded by Bauer, to approve Final Tract Map
No. 14757 with findings that the map is in substantial compliance with the
tentative map previously approved by the Planning Commission on
February 2, 1993 pursuant to the mandatory findings set forth in Sections
66458 and 66474 of the Government Code, accept offer of dedication and
improvement subject to completion of requirements stipulated, on property
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Page 10 - Council/Agency Minutes - 5/3/93
located on the 409 Utica Avenue; examined and certified by the Director of
Public Works and the Secretary to the Planning Commission as being substan-
tially in accordance with the tentative map as filed with, amended and
approved by the Planning Commission. Acreage: 2.503 acres; Lots: 1,
Developer: Delaware II, 15272 Bolsa Chica Road, Huntington Beach, CA 92649,
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 Covenants, 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 approve and
authorize execution of the Subdivision Agreement and further instruct 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 afore-
mentioned conditions have been met. (conversion of 44 unit apartment complex)
The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(City Council) 1993/94 TENTATIVE BUDGET - CONTINUED TO 6/7/93 - WEST ORANGE
COUNTY WATER BOARD (320.80)
The City Clerk presented a communication from the West Orange County Water
Board pertaining to the 1993/94 tentative budget.
Following discussion, a motion was made by Bauer, seconded by Robitaille, to
continue the item pertaining to the West Orange County Water Board 1993/94
tentative budget to June 7, 1993; City Administrator to prepare staff report
and subsequent to that the item can return to Council as an administrative
item for a West Orange County Water Board representative to attend. The
motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(City Council) AMENDMENT TO THE CITY'S CLASSIFICATION PLAN - ACCOUNTANT -
RESOLUTION NO. 6480 - CONTINUED TO 5/17/93 (700.10)
The City Clerk presented a communication from the City Administrator pertain-
ing to the Amendment to the City's Classification Plan, Resolution No. 6480.
The City Clerk presented Resolution No. 6480 for Council adoption - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ADOPT AND
AMEND THE CITY CLASSIFICATION PLAN." New Classifications: Accountant Senior
and Accountant dated 4/93, Deletes Classification: Accountant dated 8/76,
Reallocation of five existing positions from Accountant classification dated
8/76 to Accountant Senior classification dated 4/93.
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A motion was made by Bauer, seconded by Silva, to adopt Resolution No. 6480.
An amendment to the motion was made by Sullivan to remove the item pertaining
to Resolution No. 6480 from the agenda.
Councilmember Bauer withdrew his motion.
A motion was made by Sullivan, seconded by Bauer, to continue the item
pertaining to Resolution No. 6480 to May 17, 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) BID AWARD - APPROVED - HUNTINGTON BEACH ART CENTER
CONSTRUCTION PROJECT - LEWIS JORGE - CC-753 (600.80)
The City Clerk presented a communication from the Community Services Director
and Director of Public Works regarding award of bid for the Huntington Beach
Art Center construction project.
Michael Mudd, Cultural Affairs Manager, reported.
Gerald Chapman reported on the history and future commitment of fundraising
efforts made for the Huntington Beach Art Center including.
A motion was made by Moulton -Patterson, seconded by Leipzig, to:
1. Reject the low bid submitted by Irvine Engineering and award a contract
to Lewis Jorge and authorize execution of the contract between Lewis
Jorge and the city;
2. Authorize the Director of Public Works to expend $825,052 to cover
contract costs of $745,503, estimated change orders of $74,500 and
anticipated supplemental expenditures of $5,000;
3. Appropriate $150,000 into Account E-CP-AS-151-6-31-00 from capital
improvement fund balance to be repaid by Art Center Foundation donations.
The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
sty Council) AGREEMENT - MUNICIPAL ARTS CENTER RENOVATION PROJECT
CONSTRUCTION MANAGEMENT SERVICES - FUNDAMENT & ASSOCIATES - CC-753 (600.10)
The City Clerk presented a communication from the Director of Community
Services and Director of Public Works transmitting an agreement for
construction management services for renovation of the Municipal Arts Center.
Michael Mudd, Cultural Affairs Manager, reported.
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A motion was made by Moulton -Patterson, seconded by Leipzig, to approve and
authorize execution of Professional Services Contract between the City of
Huntington Beach and Fundament & Associates for Construction Manager Services
for the Municipal Arts Center Rehabilitation Project and to authorize the
Director of Public Works to expend $41,800 to cover contract costs of $38,000
and estimated change orders of $3,800. The motion carried by the following
roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
RECESS - RECONVENE
The Mayor called a recess of Council at 9:40 p.m. The meeting was reconvened
at 9:55 p.m.
(City Council) PARKWAY LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND ABDELMUTI DEVELOPMENT COMPANY - NW CORNER MAIN/PCH - APPROVED (600.10)
The City Clerk presented a communication from Director of Economic Development
and Public Works Director transmitting a Parkway License Agreement between the
City of Huntington Beach and Abdelmuti Development Company for property
located at the northwest corner of Main Street and Pacific Coast Highway.
Barbara Kaiser, Deputy City Administrator, Economic Development, presented a
staff report and answered Council's inquiries.
A motion was made by Leipzig, seconded by Silva, to approve and authorize
execution of Parkway License Agreement between the City of Huntington Beach
and Abdelmuti Development Company. The motion carried by the following roll
call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(City Council) PRESENTATION OF COMMUNITY DEVELOPMENT AND DEVELOPMENT SERVICES
OPERATIONAL EVALUATION REPORT - ARROYO SECO - APPROVED AS AMENDED - STAFF
DIRECTED TO REVIEW & RETURN TO COUNCIL & PC (600.10)
The City Clerk presented a communication from Administration transmitting a
Community Development and Development Services Evaluation Report as prepared
by Arroyo Seco Associates.
Ray Silver, Assistant City Administrator, presented a staff report.
Nick Conway, Project Manager for Arroyo Seco Associates, Inc., presented a
slide report summarizing the findings and recommendations of the operational
evaluation.
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Page 13 - Council/Agency Minutes - 5/3/93
The City Administrator requested that the item pertaining to the Arroyo Seco
report be continued for sixty days.
Discussion was held between the Council and consultants.
A motion was made by Sullivan, seconded by Moulton -Patterson, Council received
and reviewed the presentation by Arroyo Seco Associates, Inc. which summarizes
the findings and recommendations of the operational evaluation and directed
staff to review the findings of the Arroyo Seco Associates Inc. report and
return to the City Council and the Planning Commission to report on a proposed
implementation of the appropriate recommendations. The motion carried by the
following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
(Redevelopment Agency) REDEVELOPMENT AGENCY HOUSING POLICY - APPROVED
(400.30)
The City Clerk presented a communication from Economic Development Director
transmitting a Housing Policy of the Redevelopment Agency of the City of
Huntington Beach.
Steve Kohler, Project Manager, presented a staff report with slides.
A motion was made by Leipzig, seconded by Moulton -Patterson, to approve the
Housing Policy of the Redevelopment Agency of the City of Huntington Beach as
attached to the Request for Council Action dated May 3, 1993. The motion
carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Leipzig
NOES: None
ABSENT: None (Silva, Sullivan - out of the room)
(Redevelopment Agency) REDEVELOPMENT HOUSING COMPLIANCE PLAN - APPROVED
(400.30)
The City Clerk presented a communication from the Economic Development
Director regarding the Housing Compliance Plan of the Redevelopment Agency of
the City of Huntington Beach.
A motion was made by Moulton -Patterson, seconded by Leipzig, to approve and
authorize the staff to submit to the State of California Department of Housing
and Community Development the Housing Compliance Plan for the Redevelopment
Agency of the City of Huntington' Beach as attached to the Request for Council
Action dated May 3, 1993. The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Leipzig
NOES: None
ABSENT: None (Silva, Sullivan - out of the room)
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Page 14 - Council/Agency Minutes - 5/3/93
(City Council) BUDGET STATUS REPORT - EXPENDITURE REDUCTIONS/GENERAL FUND
RESERVES - APPROVED - FISCAL YEAR 1992/93 (320.30)
The City Clerk presented a communication from Administration transmitting a
Budget Status Report for Fiscal Year 1992/93.
Bob Franz, Deputy City Administrator/Administrative Services, reported.
A motion was made by Leipzig, seconded by Moulton -Patterson, to instruct the
City Administrator to take the necessary actions to further reduce expendi-
tures by $1,017,115 million in May and June of 1993, and to approve the use of
$1,051,000 million of General Fund reserves to fund the one-time costs
included in the current year budget. The motion carried by the following roll
call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Leipzig
NOES: None
ABSENT: None (Silva, Sullivan - out of the room)
(City Council) ILLEGAL TAGGING & GRAFFITI PROGRAM - APPROVED WITH
RECOMMENDATIONS
The City Clerk presented a communication from the Community Services Director
regarding the City Council's direction to staff to develop a comprehensive
city program to deal with illegal tagging and graffiti.
The City Administrator reported.
Councilmember Sullivan, Committee Liaison, reported.
Police Chief Lowenberg reported and answered Council questions.
A motion was made by Moulton -Patterson, seconded by Silva, with the under-
standing the item will return to Council in final form to:
1. Direct staff to prepare an ordinance for Council approval that would
provide for a $500 reward for information leading to the conviction of an
illegal tagger or graffitist.
2. Direct staff to prepare a resolution for Council adoption supporting the
passage of Senate Bill 583 which calls for stiffer penalties for
convicted taggers including the automatic suspension of a minor's
driver's license until the age of eighteen upon the first conviction of
illegal tagging or graffiti.
3. Direct staff to amend city ordinances to require retail outlets to put
all aerosol paint, etching tools, and indelible marking pens behind sales
counters, under locked case, or in a location which is not openly
accessible.
4. Direct staff to amend the city's existing graffiti ordinance to:
a. Require graffiti removal from private property within a certain time
f rame .
b. Require private property owners to take steps to prevent graffiti
"targets," (build fences, plant areas, install lighting, etc.)
c. Provide a limit on the number of times in one year that the city
will remove graffiti from a private property "target" area without
charging the owner.
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Page 15 - Council/Agency Minutes - 5/3/93
5. Direct staff to expand the Public Works Department Adopt -A -Block Program
by purchasing graffiti removal material in bulk and developing a provi-
sion where the removal material is provided free to community groups that
volunteer to adopt a block in the community to remove graffiti.
6. Direct staff to work with schools and community groups to develop a
public information and education program regarding the City's anti -
graffiti policies.
The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan,
Leipzig
NOES: None
ABSENT: None
Police Chief Lowenberg reported on enforcement.
MEETING ADJOURNED - APPROVED - 5/17/93
A motion was made by Silva, seconded by Leipzig, to adjourn the regular
meetings of the City Council and the Redevelopment Agency of the City of
Huntington Beach to Monday, May 17, 1993, at 5:30 P.M. in Room B-8. The
motion carried by the following roll call vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Leipzig
NOES: Bauer, Sullivan
ABSENT: None
(City Council) ORDINANCE NO. 3193 - ADULT BUSINESSES - DEFERRED TO 5/17/93
(640.10)
The City Clerk presented Ordinance No. 3193 for Council approval - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9751 OF THE
HUNTINGTON BEACH ORDINANCE CODE RELATING TO ADULT BUSINESSES." (baths &
saunas)
(City Council) ORDINANCE NO. 3194 - MASSAGE ESTABLISHMENTS - DEFERRED 'To-
5/17/93 (640.10)
The City Clerk presented Ordinance No. 3194 for Council approval - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.24 OF THE
MUNICIPAL CODE. (Massage Establishments)
Submitted by Councilmember Ralph Bauer - Discussion regarding the Bolsa Chica
- Deferred to 5/17/93 (440.60)
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Page 16 - Council/Agency Minutes - 5/3/93
ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY
Mayor Winchell adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, May 17, 1993,
at 5:30 P.M. in Room B-8, Civic Center, Huntington Beach, California.
ATTEST:
City CierkiClerk bl
Clerk of the Redevel opmfrfit Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
Mayor/Chairman
135