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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. 117 Page 2 — Council Minutes — 5/3/93 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. 113 Page 3 - Council Minutes - 5/3/93 (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". 120 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 121 Page 3 — Council/Agency Minutes — 5/3/93 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. 1440 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. 123 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. 124 Page 6 - Council/Agency Minutes - 5/3/93 (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." 2; 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. :126 Page 8 - Council/Agency Minutes - 5/3/93 (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 127 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 1�� 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. 129 Page 11 - Council/Agency Minutes - 5/3/93 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. 130 Page 12 - Council/Agency Minutes - 5/3/93 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. 1�1 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) 1932 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. r� F� 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) 19 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