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HomeMy WebLinkAbout1993-10-04 (8)MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, October 4, 1993 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Winchell called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4:45 p.m. CITY COUNCIUREDEVELOPMENT AraENCY ROLL CALL PRESENT: Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig (arrived at 4:50 p.m.), Silva (arrived 4:50 p.m.) ABSENT: Robitaille STUDY SESSION - OCEAN VIEW SCHOOL SITES The Assistant City Administrator presented a staff report on vacant school sites within the city and alternatives for master planning of the sites. He distributed a communication to Council dated October 4, 1993 regarding the alternatives. Discussion was held by Council and staff regarding master planning all nineteen vacant school sites, community service use of some sites for parks, dedicated open space and proposed commercial and residential zoning. A report dated October 4, 1993, entitled Review of Proposed Ocean View School District Sites Development Options and the Alternative Approaches for City Consideration was distributed to Council. Council reached a consensus to proceed with Alternative No. 2 from the report as follows: "The city determines its position for the school district sites from the city's interest and needs for the nine sites subject to a later public hearing that occurs through the entitlement process. The city will also proceed with a number of meetings and discussions with Ocean View School District regarding their interests and needs. The district could then proceed through the entitlement process based upon those objectives. These desires may or may not be consistent with the city's existing adopted General Plan." The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding Labor Relations Matters - Police and Fire Association - Meet and Confer. 93 Page 2 - Council/Agency Minutes-10104/93 RECESS -RECONVENE The Mayor called a recess of Council at 5:25 p.m. The meeting was reconvened at 5:55 p.m. ADJOURNMENT - COUNCILIREDEVELOPMENT AGENCY Mayor Winchell adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, October 4, 1993 at 6:00 p.m., Council Chamber, Civic Center. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: tJ? City Clerk/Clerk Mayor/Chairman 94 MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, October 4, 1993 A tape recording of this meeting is on file in the City Clerk's Office 4:30 p.m. - Adjoumed Regular Meeting, Room B-8, Civic Center - see separate minutes for this meeting 6:00 p.m. - Adjourned Regular Meeting, Council Chamber, Civic Center 7:00 p.m. - Regular Meeting, Council Chamber, Civic Center Mayor Winchell called the adjourned meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6 p.m. ROLL CALL Present: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig Absent: None PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Anna Dreifus, President of the Friends of the Children's Library. PROCLAMATION - RED RIBBON WEE - OCTOBER 23-31,1993 Mayor Winchell presented a proclamation to Officer Mike Corcoran, Madeline Andor and Janet Beck designating October 23-31, 1993 as Red Ribbon Week in the City of Huntington Beach. Citizens were urged to wear and display a red ribbon to show their commitment to a drug free community. PROCLAMATION - POLLUTION PREVENTION WEEK - OCTOBER 4-10,1993 Mayor Winchell presented a proclamation designating October 4-10, 1993 as Pollution Prevention Week in the City of Huntington Beach to Lou Sandoval, Public Works Director and Public Works employees Joe Peca and Dan Walter. The Mayor stated the purpose of Pollution Prevention Week is to bring citizens attention to the need not only to recycle, but to reduce the use of natural resources and reduce the use of hazardous materials. The Public Works Director described ways small businesses could reduce the use of hazardous materials. Joe Pecka described procedures which successfully reduced the use of hazardous materials in the street painting department. Page #2 - City Council/Redevelopment Agency Minutes - 10/4193 PRESENTATION TO HUNTIN!QTON BEACH PUBLIC LIBRARY'S EXPANSION PROJECT - $25:000 FROM FRIENDS OF THE LIBRARY - $43,000 FROM LIBRARY PATRONS FOUNDATION - $12,000 FROM FRIENDS OF THE CHILDREN'S LIBRARY - $4,000 FROM COUNCIL ON AGING Mayor Winchel! and Ron Hayden, Director of Library Services accepted on behalf of the Huntington Beach Public Library's Expansion Project the following financial contributions by the following Library Support groups: $25,000 Friends of the Library, presented by Diane Schochet, President $43,000 Library Patrons Foundation, presented by Bruce Powers, President $12,000 Friends of the Children's Library, presented by Anna Dreifus, President $ 4,000 Council on Aging, presented by Mary Jo Jeffes, President (donation is for Grandparenting Alcove) PRESENTATION - $10.0000 FROM RON AND CINDY —HAYDEN IN HONOR OF SON D[LE—IN FEBRUARY 1994 Mayor Wincheil accepted on behalf of the Huntington Beach Public Library's Expansion Project a check for $10,000 from Ron and Cindy Hayden in honor of their son, Madison "Maddy" Hayden, due in February 1994. Meeting Room 'X of the Expansion will be named the "Maddy" Room. PUBLIC COMMENT Jim Smith presented an informal petition, with approximately 2260 signatures, in opposition to parking meters in residential neighborhoods in the downtown area. He stated residents were concerned parking meters would be detrimental to the value of their property. He urged Council to attend the Town Hall Meeting scheduled Wednesday at 7 p.m. in the Rodgers Senior Center. Parking Program for Downtown Area At the request of the Mayor, the City Administrator announced two meetings scheduled to deal with the parking meter issue in the downtown area: Wednesday, October 13, 1993 at 7 p.m., at the Rodgers Senior Center and October 25 in the Council Chamber. He stated at the Council meeting of October 25 official consideration of the implementation of the parking program would be held. Later in the meeting Mayor Winchell requested staff to make an audio tape of the meeting for the Councilmembers who had conflicting schedules and could not attend the Townhall meeting on October 13, 1993. John Merzweiler described confrontations he witnessed in the downtown area September 5, 1993 and September 25, 1993. He stated he believed one of the people involved in the confrontation September 5, 1993 was falsely arrested and offered to testify as a witness to the fracas. George Arnold stated he supported forming the proposed committee to review policy for Huntington Beach Channel 3. He stated he supported proposed Resolution No. 6524 to establish a code of ethics for all elected officials, officers, employees and members of council advisory groups. Jerry Bame, Attorney, spoke on behalf of Robert Koury, owner of property at 411 Main Street Mr. Barre stated that most dry cleaning plants get 50% of their business from other dry cleaning establishments, however, this would not be the case at the proposed dry cleaning plant at 411 Main Street. He stated there are 63 dry cleaning establishments in Huntington Beach and 54 of s6 Page #3 - City Council/Redevelopment Agency Minutes - 10/4/93 them operate on -site dry cleaning plants. He stated since 1983 The Air Quality Control Management District has eliminated air quality problems for dry cleaning plants as a planning issue. CITY ADMINISTRATOR'S REPORT Meeting_ Scheduled to Discuss SantijAna River Bridge Crossings - 10/19/93 The City Administrator informed Council a meeting to discuss Santa Ana River bridge crossings is scheduled for Tuesday, October 19, 1993 at 6 p.m. at the Edison Community Center. Comments Regarding Late Don Kiser The City Administrator lauded the late Don Kiser as an extremely dedicated employee and reviewed his valuable contributions to projects in his role as the Maintenance Operations Manager for the Department of Public Works. Mr. Kiser worked for the city since September 28, 1955. (City Council) DISCUSSION - BUDGET AMENDMENT - CHANGE ORDER & SUPPLEMENTAL EXPENDITURE LIMIT - HUNTINGTON BEACH ALT CENTER CONSTRUCTION PROJECT - LEWIS JORGE - CC-763 (320.20) Councilmember Leipzig questioned the reallocation funding for the Art Center. In answer to his inquiry, the Community Services Director explained that the Park Acquisition and Development fund was the city's version of the Quimby Act. Discussion was held regarding alternative funding sources for completion of the Art Center. (City Council) DISCUSSION - AGREEMENT TO HOLD HARMLESS AND INDEMNIFY STATE OF CALIFORNIA - BOLSA CHICA STATE BEACH - SONYA S RNA V CITY OF HUNTINGTON BEACH ET AL - REPORT REQUESTED BY COUNCILIVIEMBER SILVA (600.20) Councilmember Robitaille questioned staff if city profit and loss statements were being developed on the Bolsa Chica. The Director of Community Services gave a verbal report on expenditures and income and direct and indirect costs related to the Bolsa Chica. He mentioned two proposed projects in the Bolsa Chica that will return income to the city. Discussion was held between Council and the City Attorney regarding the initial negotiations with the State when this agreement, with the hold harmless clause, was drafted. Councilmember Sullivan reminded staff he had requested a staff report regarding a previous agreement with the State (CALTRANS) where the city could incur liability; the report to show alternatives as to how the city might pay for liabilities incurred under the agreement. He requested the same question be addressed and a report be prepared regarding this agreement. 97 Page #4 - City Council/Redevelopment Agency Minutes - 10/4/93 (City Council ISCUSSION RESOLUTION NO 6527 - PLANS & SPECIFICATIONS - CONSTRUCTION WITHIN TALBERT CHANNEL (BROOKHURST ST TO BANNING AVE) AND HUNTI GTON BEACH CHANNEL (TALBERT CHANNEL TO MAGNOLIA AVE) (600,60) Discussion was held between Councilmember Leipzig and the Director of the Department of Public Works regarding new technology to be used in the construction of improvements to the flood control channels. (City Council) DISCUSSION - STATE LIBRARY GRANT - CATALOGING GENEALOGY MATERIALS - CENTRAL LIBRARY (340.80) In response to inquiry by Councilmember Sullivan, the Director of Library Services stated the staff position to catalogue genealogy materials is a temporary position, funded for one year by the California State Library grant. (City ouncil) UISCUSSION - BUDGET AMENDMENT - FAMILY LITERACY GRANT PRQGRAM FOR OA IEW (320,20) In response to inquiry by Councilmember Sullivan, the Director of Library Services clarified the family literacy program he hopes will be established in the OakView area. (Qty Council) DISCUSSION - RESOLUTION OF INTENTION No 5526 - EASEMENT VACATION - HUNTINGT_ N STREET - N/O MAIN STREET - PUBLIC HEARING SCHEDULED FOR 11/1193 (800.50) In response to inquiry by Councilmember Bauer, the Director of Public Works described the configuration of surrounding streets and alleys adjacent to the proposed easement vacation. He gave reasons why he believed the vacation should be approved. REGULAR MEETING OF THE CITY COUNCILIREDEVELOPMENT AGENCY COMMENCED AT 7:16 P.M. PUBLIC COMMENTS Dirk Voss stated his concerns regarding funding source for the cable television franchise fee and suggested it be paid from the General Fund, rather than being passed on to viewers. He stated his concerns regarding the budget cuts of lifeguards, particularly between 9 p.m. and 10 p.m. He stated lifeguards go off duty at 9 p.m., but the beaches are open until 10 p.m. He suggested they be reassigned at least on the weekends. Cable Television Councilman Bauer pointed out part of the franchise fee was returned to the general fund and staff was exploring the possibility of acquiring underwriting for some programs which would generate additional revenue. Ed Kerins, representing Huntington Beach Tomorrow, stated that at City Council's request the county has scheduled a meeting on the Santa Ana River Bridge Crossing Study at Edison Community Center on Tuesday, at 6 p.m., October 19, 1993. He stated the county recommends bridges should be constructed at various crossings, but the Transportation Manager of Costa t • Page #5 - City Council/Redevelopment Agency Minutes - 10/4193 Mesa does not agree and recommends no bridges be constructed. He urged Council to direct staff to mail notices to all citizens in the southeastern area of Huntington Beach, informing them of the meeting. He stated Huntington Beach Tomorrow supported the proposed Code of Ethics that Council would be considering later in the meeting and suggested Council adopt a gift ordinance. (City Council) MOTION TO TAKE ACTION ON ITEM NOT ON AGENDA - APPROVED NOTICES TO BE MAILED RE: THREE MEETINGS ON SA__NTA ANA RIVER BRIDGE CROSSING STUDY - $3600 EXPENDITURE - APPROVED Following discussion, a motion was made by Sullivan, seconded by Silva, to make a determination that the need to take action on the issue of mailing notices of the meeting regarding the Santa Ana River Bridge Crossing Study scheduled for Tuesday, at 6 p.m., October 19, 1993 at the Edison Community Center arose subsequent to the agenda being posted as specified in Government Code Section 5495t4.2(b)(2). Following discussion, the motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan NOES: Leipzig ABSENT: None Fallowing discussion, a motion was made by Sullivan, seconded by Moulton -Patterson, to authorize an expenditure up to $3600 for a mailing to residents in the 92646 zip code area; the mailer to inform residents of three meetings scheduled regarding the Santa Ana River Bridge Crossing Study; the meetings are the county information meeting scheduled October 19, 1993, the public hearing by the City Council scheduled November 1, 1993 and the Transportation Commission meeting the date not known at this time. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan NOES: Leipzig ABSENT: None PUBLIC COMMENTS (Continued) Jim Banks addressed issue of the proposed dry cleaning plant at 411 Main Street. He stated that there was no provision in proposed Code Amendment 92-5 that would allow dry cleaning plants in the city. Steven Anderson stated his concern regarding various parking issues that add up to a sum total which exceeds $5,000,000. He stated he is worried about the fiscal planning in the city. Bernard Huot, representing the Huntington Creek Homeowners Association, referred to an on- going problem with Huntington Street, a public street, which is draining into the private streets in their complex. A group of homeowners brought the matter to the attention of the Planning Commission at their meeting held September 8, 1993. The Planning Commission voted unanimously to correct the problem, however, there would be a cost to the city, which would be paid by the developer, and the Planning Commission could not commit the funds to correct the problem. Mr. Huot requested Council consider funding the correction of the drainage problem when the Council meets on the public hearing on the easement vacation scheduled for November 1, 1993. 199 Page 46 - City Council/Redevelopment Agency Minutes - 14/4/93 (City Council/Redevelopment Agency) PUBLIC HEARING - CODE AMENDMENT 93-2 - DECISION CONTI� N_UEDTO 11115/93 - NEGATIVE DECLARATION 91-32 - AFFORDABLE HOUSING - ORDINANCE NO 3214 - STAFF REQUESTED TO PREPARE REPORT (430.50) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 93-2/Negative Declaration No. 91-32 APPLICANT: City of Huntington Beach, Department of Community Development LOCATION: City-wide ZONE: All Residential Zones REQUEST: To amend the City's Zoning Code to include provisions for affordable housing which require all projects of three (3) units or greater to address affordable housing. The Ordinance also provides incentives for providing affordable housing. ENVIRONMENTAL STATUS: This request is covered by Negative Declaration No. 91-32 which will also be considered by Council. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. The City Clerk presented a staff report prepared by the Planning Director. The Planning Director presented slides delineating the history and purpose of the affordable housing ordinance. Discussion was held between Councilmember Silva and the Planning Director regarding the necessity of enacting this ordinance. The Mayor declared the public hearing open. Jan Shomaker stated her reasons for opposing the affordable housing ordinance. She stated she believed affordable housing should be built on a voluntary basis. Responding to inquiry by Councilmembers Sullivan, Ms. Shomaker agreed that at this time there were thousands of affordable housing units available. She stated each time the interest rate dropped a point the eligibility of prospective home owners increased. Pat Paulk, President of the Huntington Beach/Fountain Valley Association of Realtors, stated she was opposed to the affordable housing ordinance. She stated for the record: "We support a voluntary market driven method to achieve affordable housing and we are unilaterally opposed to mandatory inclusionary housing in this instance." She recommended a fifty page handbook to Council and staff Foundation for our Future, a book for making housing more affordable which had just been produced by a county -wide task force. She submitted a letter to Council on the matter. Tom Daly, President of the Building Industry Association of Orange County, stated the proposed ordinance placed an unfair burden on the home builders and the new home buyers by mandating that 10% of all new housing be priced at below market level, thus requiring a subsidy on these units. He urged Council to remove the mandatory 10% requirement in the proposed ordinance and rely on voluntary incentives by keeping the incentive based mechanisms in the ordinance which would encourage the building of affordable housing. too Page #7 - City Council/Redevelopment Agency Minutes - 10/4/93 There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Following discussion, a motion was made by Silva, seconded by Robitaille, to disapprove Negative Declaration No. 91-32 and to deny Code Amendment No. 93-2. Following discussion the motion failed by the following roll call vote: AYES: Robitaille, Silva, Sullivan NOES: Bauer, Moulton -Patterson, Winchell, Leipzig ABSENT: None Councilmember Silva made a motion to remove the portion of Code Amendment No. 93-2 which mandates affordable housing to be built within new housing projects and replacing that portion of the amendment with a voluntary affordable housing program. The motion died for lack of a second. On motion by Moulton -Patterson, second Bauer, consideration of Negative Declaration No. 91-32 and Code Amendment No. 93-2 was continued to November 15, 1993 by unanimous vote. The Mayor requested staff prepare a report on how much affordable housing exists in the city, including. new units and older units. CONSENT CALENDAR - (ITEMS REMOVED) Mayor Winchell stated the item pertaining to Parcel Map No. 90-268 (Meadowlark) was removed from the agenda at the request of the City Administrator. Councilmember Sullivan requested separate consideration for items pertaining to the skateboard facility at Murdy Park; the State Library Grant; and the Family Literacy Grant Program for Oakview. Councilmember Leipzig requested separate consideration for items pertaining to the Huntington Beach Art Center Construction Project; the construction with the Talbert Flood Control Channel; and Resolution of Intention No. 6525 which pertains to an easement vacation of a portion of Huntington Street. CONSENT CALENDAR - (APPROVED) On motion by Leipzig, second Bauer, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - Approved and adopted minutes of the Council/Agency regular meeting of September 21, 1993, adjourned regular meetings of July 6, 1993 and July 9, 1993, as written and on file in the Office of the City Clerk. (120.65) (City Council) BID AWARDED - JB KOVAC ENGINEERING - SOUTH SHORES ENHANCEMENT AREA - 39 ACRES EAST AND WEST OF BUSHARD STREETINORTH OF YORKTOWN AVENUE - MSC-361 (PHASE 1) - Accepted the low bid submitted by JB Kovac Engineering in the amount of $27,966 for the South Shore Enhancement Area (Phase 1), MSC- 361; authorized the Director of Public Works to expend a total of $37,000, which includes the contract cost of $27,966, estimated construction Change Orders of $2,800 and anticipated 101 Page #8 - City Council/Redevelopment Agency Minutes - 10/4/93 supplemental expenditures of $6,234, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Contractor Bids Bid Amount JB Kovac Engineering 27,966.00 Nobest Contraction 28,043.00 Sully Miller contracting 31,213.00 Damon Construction 33,918.25 Camino Viejo Paving 33,992.00 Excel Paving Company 37,545.70 (600.80) (City Council) RESOLUTION NO 6528 -ADOPTED - ASSIGNMENT OF CONSULTING TRAFFIC ENGINEERING SERVICES CONTRACT FOR GROWTH MANAGEMENT AREA O. 6 WITH MOHLE-G 'MOVER & ASS-OC TO—ALBERT GROVE ABC - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSENTING TO THE ASSIGNMENT OF THE PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MOHLE, GROVER & ASSOCIATES TO ALBERT GROVER & ASSOCIATES, INC.) (Coordinated Traffic Signal Timing Plans - the cities of Fountain Valley, Garden Grove, Huntington Beach, Seal Beach and Westminster make up GMA-6) (600.10) (Ciity Councill) CHANGE ORDER & SUPPLEMENTAL EXPENDITURE BUDGETS FOR PHASE II11CgNSTRUCTION OF CENTRAL LIBRARY PARKING LOT - APPROVED - CC-8Z6 -- SHAWNAN CORP - Approved an increase in the change order budget from $86,860 to $173,720 for construction of Central Library Parking Lot Phase II, and increased the supplemental expenditure budget from $51,000 to $75,000. (600.80) (City Council) AGREEMENT WITH CITY OF FOUNTAIN VALLEY - APPROVED - WASTE MANAGEMENT PUBLIC EDUCATION - GRANT FUNDS FROM STATE, DEPARTMENT OF CONSERVATION - Approved and authorized execution of the Huntington Beach/Fountain Valley Agreement for Waste Management Public Education in order to process reimbursements of the matching funds grant from the State Department of Conservation. (600.10) (City Council) RFSOI UTION N-0-6529 -ADOPTED =AM—ENDMEN-T--TO.CITY CLASSIFICATION PLAN - Adopted Resolution No. 6529 which amended the City Classification Plan by revising the classification of Management Assistant and establishing the pay range of 439 ($3377 - $4183) for the position in the classification - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO AMEND THE CITY CLASSIFICATION PLAN.", deleted the classification of Productivity Technician II, pay range 439 ($3377 - $4183) from the classification plan; and authorized the reallocation of the position Productivity Technician 11 (Pay range 439) to Management Assistant (pay range 439). (700.10) (City Council) ALTERNATE COMMUTE PROGRAM - APPROVED - Approved the Alternate Commute Plan in order to comply with South Coast Air Quality Management District's (SCAQMD) Regulation XV to reduce pollution generated by city employee's motorized trips to work. (700.20) 102 Page #9 - City Council/Redevelopment Agency Minutes - 10/4/93 (City Council) BUDGET AMENDMENT - FAMILY LITERACY GRANT PROGRAM FOR OAK VIEW - APPROVED - Approved an amendment to the current year budget by appropriating $34,832 from the unappropriated fund balance of grant fund #GT 30101 for implementation of the family literacy program for the period October 1, 1993 through September 30, 1994. City Council) FINAL TRACT MAP NO 14828 - PORTION OF TENTATIVE TRACT 14357(R) - APPROVED - SEA VIEW HOMES - 5W CORNER OF INTF.RSECTION OF TALBERT/JOYFUL - Approved Final Tract Map 14828, accepted offer of dedication and improvement and Certificate of Deposit (Bank of America #-0984500971 - $760,140) pursuant to findings that map is in conformance with California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14357($) conditions of approval as approved by the Planning Commission; instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the county or for recordation until Condition 3(a) through 3(d) have been complied with; the property located on the southwest corner of the intersection of Talbert Avenue and Joyful Lane. Acreage: 5.19 AC (total); Lots: 2, Subdivider: Sea View Homes, Huntington Beach; adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; 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 further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. (City Council) NOTICE OF COMPLETION APPROVED - SKATEBOARD FACILITY AT MURDY PARK,- CONSTRUCTION ENGINEERS - CC-830 (600.25) The City Clerk presented a communication from the Directors of Public Works and Community Services transmitting a Notice of Completion for the skateboard facility at Murdy Park. On motion by Sullivan, second Leipzig, Council accepted the construction improvements by Construction Engineers of the Skateboard Facility at Murdy Park at a total contract cost of $71,070.40 and authorized the City Clerk to file the Notice of Completion by the following roll call vote: AYES: Robitaille, Bauer, Winchell, Silva, Sullivan, Leipzig NOES: Moulton -Patterson ABSENT: None City Council) BUDGETAMENDMENT - APPROVED - CHANGE ORDER & SUPPLEMENTAL EXPENDITURE LIMIT - HUNTINGTON BEACH ART CENTER CONSTRUCTION PROJECT - LEWIS JORGE - CC-753 - STIPULATION PARK FUND TO BE REIMBURSED (320-20) 16 +70, 8a The City Clerk presented a communication from Community Services and Public Works requesting a change order and supplemental expenditure related to the Huntington Beach Art Center Construction Project. A motion was made by Leipzig, seconded by Silva, to approve the appropriation of $194,000 from the Park Acquisition and Development Fund into Account No. E-CP-AS-151-6-31-00 to complete the construction of the Huntington Beach Art Center; authorized raising the project change order limit from $74,550 to $149,550; and authorized raising the supplemental expenditure limit from -03 Page #10 - City Council/Redevelopment Agency Minutes - 10/4/93 $51,000 to $124,000; with the stipulation that the funds transferred from the Park Acquisition and Development Fund be replaced from some source by 1994-1995 budget even if it has to be replaced from the general fund reserve. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: Robitaille ABSENT: None (City Council) AGREEMENT TO HOLD HARMLESS AND INDEMNIFY STATE O CALIFORNIA - APPROVED - BOLSA CHICA STATE BEACH - SONYA SERNNA V CITY OF HLlNTINGTON BEACH ET AL - STAFF TO REPORT REGARDING ALTERNATIVE METHODS TO PAY FOR LIABILITIES INCURRED UNDER AGREEMENT (600.20) The City Clerk presented a communication from the City Attorney regarding a request from the State of California, pursuant to paragraph 10 of the operating agreement with the city for Bolsa Chica State Beach, that the city defend and indemnify the state in the case of Sonya Serna v City of Huntington Beach, et al, Orange County Superior Court Case No. 708317. A motion was made by Robitaille, seconded by Leipzig, to approve the city to defend and indemnify the State of California per the Bolsa Chica State Beach Operating Agreement between the city and state. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None Staff Report Requested It was the consensus of Council to direct staff to prepare a report to show alternatives as to how the city might pay for liabilities incurred under the agreement. (City Council) RESOLUTION NO 6527 - ADOPTED - PLANS & SPECIFICATIONS - GONS RUCTION WITHIN TALBERT CHANNEL (BROOKHURST STREET TO BANNING AVENUE) AND HUNTINGTON BEACH CHANNEL 1TALBERT CHANNEL TO MAGNOLIA AVENUE) - STAFF TO REQUEST MATES FROM OCFCD (600.60) The City Clerk presented a communication from Public Works transmitting Resolution No. 6527 pertaining to construction within the Talbert Flood Control Channel and the Huntington Beach Flood Control Channel. On motion by Leipzig, second Sullivan, Council adopted Resolution No. 6527 by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None ,Updates Frew OQFCD Requested Council directed staff to request the Orange County Flood Control District keep the city abreast of current information regarding the matter. -104 Page #11 - City Council/Redevelopment Agency Minutes - 10/4/93 (City Council) STATE LIBRARY GRANT - CATALOGING GENEALOGY MATERIALS - CENTRAL LIBRARY (340.80) The City Clerk presented a communication from Library Services regarding the California State Library grant for staffing and operating expenses and a request for appropriations for cataloging the genealogy section of the Central Library. On motion by Sullivan, second Leipzig, Council approved the California State Library grant of $32,497 for staffing and operating expenses and approved the appropriation of $32,497 from the unappropriated grant fund #GT 30101 for cataloging the genealogy section at the Central Library by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (may Council) NQTICE OF COMPLETION - APPROVED - TRACT NO 14417 - BFB DEVELOPMENT INC - E/S HUNTINGTON STREET - NIO GARFIELD AVENUE (420.60) The City Clerk presented a communication from the Director of Public Works regarding the Notice of Completion for Tract No. 14417. A motion was made by Silva, seconded by Leipzig, to accept the improvements constructed and dedicated for public use for Tract No. 14417, release irrevocable standby letters of credit No. 034-LCS-552070, No. 034-LCS-552071 and No. 034-LCS-552056 (the securities furnished for faithful performance, labor and material and monuments respectively), accept irrevocable standby letter of credit No. 034-LCS-007444 (the security furnished for guarantee and warranty of improvements) and instruct the City Clerk to notify the developer, BFB Development, of this action, and the City Treasurer to notify the bank (Union Bank) of this action. The motion carried by the following roll call vote: AYES: Robitadle, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (CityCouncil) RESOLUTION OF INTENTION NO 6525 - ADOPTED - EASEMENT VACATION HUNTINGTON STREET - WD MAIN STREET PUBLIC HEARING SCHEDULED FOR 11/1/93 (800.50) The City Clerk presented a communication from the Public Works Director transmitting Resolution of Intention No. 6525 pertaining to an easement vacation of a portion of Huntington Street located within the Holly-Seacliff Specific Plan area, between Main Street to the south and the Huntington Lake Apartments and Huntington Creek Condominiums to the north. The proposed vacation will eliminate an unnecessary portion of the street which has become a maintenance problem and a difficult area to police and an area where trash and hazardous materials are occasionally dumped. A public hearing is scheduled on the matter for the City Council meeting to be held November 1, 1993. The City Clerk presented Resolution No. 6525 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF HUNTINGTON STREET NORTH OF MAIN STREET." Page # 12 - City Council/Redevelopment Agency Minutes - 10/4/93 On motion by Leipzig, second Bauer, Council adopted Resolution of Intention No. 6525 by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leripzig NOES: None ABSENT: None RECESS -RECONVENE The Mayor called a recess of Council at 8:55 p.m. The meeting was reconvened at 9:05 p.m. (City CounciloRESOLUTION NO 6524 - ADOPTED AS AMENDED - CODE OF ETHICS - ELECTED OFFICIALSlCITY OFFICERS/CITY EMPLOYEES AND ADVISORY BOARD COMMISSON/COMMITTEE MEMBERS - RESOLUTION TO BE PART OF COUNCIL MANUAL (110.40) The City Clerk presented a communication from Administration transmitting Resolution No. 6524 which adopts a Code of Ethics and establishes a standard of conduct for all elected officials, officers, employees and members of advisory boards, commission and committees of the City. Pat Dapkus, Management Assistant, presented a staff report. The City Clerk presented Resolution No. 6524 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A CODE OF ETHICS ESTABLISHING A STANDARD OF CONDUCT FOR ALL ELECTED OFFICIALS, OFFICERS, EMPLOYEES AND MEMBERS OF ADVISORY BOARDS, COMMISSIONS, AND COMMITTEES OF THE CITY OF HUNTINGTON BEACH." In response to Councilmember Bauer the Mayor reported on Common Cause and Tin Cup responses. A letter from Shirley Grendle was given to Councilmember Bauer to read. Following discussion, a motion was made by Sullivan, seconded by Moulton -Patterson, to adopt Resolution No. 6524, as amended as follows: Policy No. 4, subparagraph (c): replace "Honoraria" with "honorarium" Policy No. 8: replace: "when performing their" with "during the performance of their" Policy No. 3, subparagraph (b) and (c): replace "Use official" with "Use of official" Policy No. 3, 4, 5 and 6: replace "no official shall' with "officials shall not" Policy No. 7: replace "No official except for persons appointed to boards, commissions, or committees shall lobby..." with "Except for persons appointed to boards, commissions, and committees, officials shall not lobby..." and, further, to direct staff to take steps to include Resolution No. 6524 in the Council Manual. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None Page 913 - City Council/Redevelopment Agency Minutes - 1014/93 City Councio AD HOC COMMITTEE APPOINTED - BAUER/MOULTON-PATTERSON/ SULLIVAN - REVIEW OF HB CABLE 3:V-3 POLICY GUIDELINES (120.25) The City Clerk presented a communication from Administration requesting the establishment of an ad hoc City Council cable committee to work with staff to review the existing adopted HBTV-3 Policy in light of the recent enactment of the 1992 Cable Legislation and the rule making by the Federal Communications Commission (FCC) and to discuss general cable issues that may arise from time to time. Discussion was held regarding whether the committee should be an ad hoc committee or a standing committee and regarding whether membership should be limited to Councilmembers and staff. It was decided, by consensus, to establish an ad hoc committee to work with staff to review HBTV-3 Policy Guidelines. The ad hoc committee will return with a recommendation to Council regarding possible establishment of a standing cable committee. Mayor Winchell appointed Councilmembers Bauer, Moulton -Patterson and Sullivan to the ad hoc committee. {City ouncil) RESOLUTIM NO 6531 - ADOPTED - DEFER INCREASE FROM FOUR TO SIX I)RIVING LANES ON PACIFIC COAST HIGHWAY BTWN GOLDENWEST STREET AND BEACH BOULEVARD - DEFER ACTION ON HOW TO PROCEED WITH STATE PROPOSITION 116 BIKE TRAIL GRANT (800.20) The City Clerk presented a communication from the Director of Public Works regarding the widening of Pacific Coast Highway from four to six driving lanes on Pacific Coast Highway, between Goldenwest Street and Beach Boulevard. The City Clerk presented Resolution No. 6531 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH INCREASING THE NUMBER OF LANES ON PACIFIC COAST HIGHWAY FROM THE CURRENT FOUR TO SIX." The Director of Public Works presented a staff report. Discussion was held regarding the matter. A motion was made by Leipzig, seconded by Moulton -Patterson, to adopt Resolution No. 6531 and to defer action on how to proceed with the State Proposition 116 Bike Trail Grant. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None The Mayor requested staff to notify the proper agency regarding the delay in constructing commuter bicycle lanes on Pacific Coast Highway at this time. �l 107 Page #14 - City Council/Redevelopment Agency Minutes - 10/4/93 (City Council) RESOLUTION NO 6532 - ADOPTED - STREET SWEEPING PILOT PROGRAM - ADAMS TO ATL,4ANTA/MAGNOLIA TO BROOKHURST - SIX MONTH REVIEW - MSG-365 (800.10) The City Clerk presented a communication from the Director of Public Works regarding establishment of a Pilot No -Parking on Street Sweeping Days in an area bounded by Adams Avenue, Atlanta Avenue, Magnolia Street and Brookhurst Street. The proposed ordinance will remove this area from prior City Council policy to post only upon majority request of property owners and to establish this area to be posted by City Council Directive. The Director of Public Works presented a staff report. The City Cleric presented Resolution No. 6532 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ESTABLISH A PILOT NO PARKING ON STREET SWEEPING DAYS IN AN AREA BOUNDED BY ADAMS TO ATLANTA AND MAGNOLIA TO BROOKHURST." Following discussion, a motion was made by Leipzig, seconded by Moulton -Patterson, to adopt Resolution No. 6532, to direct the Public Works Department to post signs regarding no parking on street sweeping days at all area entries from the arterial boundary highways, to direct the Police Department Parking Control to enforce the no parking restrictions, after a thirty day courtesy period, and to direct staffto return the issue to Council in six months for a review of the program. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: Robitaille ABSENT: None (CityCouncil)LORDIN ►A CE_NO 3212 - INTRODUCTION APPROVED - GRAFFITI VANDALISM (640.10) The City Clerk presented Ordinance No. 3212 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO GRAFFITI VANDALISM." On motion by Leipzig, second Moulton -Patterson, Council approved introduction of Ordinance No. 3212, after reading by title, by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: Robitaille ABSENT: None (City Council) ORDINANCE NO 321 INTRODUCTION APPROVED RESTAURANT, AMUSEMENT AND ENTERTAINMENT PERMITS (640.10) The City Clerk presented Ordinance No. 3213 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 5.44 PERTAINING TO RESTAURANT, AMUSEMENT AND ENTERTAINMENT PERMITS." Page # 15 - City Council/Redevelopment Agency Minutes - 10/4/93 On motion by Leipzig, second Moulton -Patterson, Council approved introduction of Ordinance No. 3213, after reading by title, by the following roll call vote: AYES: Robitaiile, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None (City Council) EL TORO r4ARINE CORP BASE — LETTER TO BE SENT 10 COUNTY RE ESTABLISHING COMMITTEE OF COUNTY SUPERVISORS AND REPRESENTATIVES OF TIE Councilmember Silva stated his concern regarding planning for the future of El Toro Marine Corp Base The City Administrator informed Council they had been provided with a letter from the City of Anaheim dated October 4, 1993 requesting a committee be formed, representing all the cities in the county and the five county supervisors. Mayor Winchell pointed out the letter had an attachment spelling out the structure of the committee wherein one representative would represent a five city district, with the exception of the city of Irvine which would have it's own representative since part of the site is located within that city. Following discussion, a motion was made by Silva, second Moulton -Patterson, to make a determination that the need to take action on the issue of supporting the letter from the city of Anaheim which is a proposal for a shared decision malting process on the El Toro Marine Corp Base site, which arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig NOES: None ABSENT: None Following discussion, a motion was made by Silva, seconded by Bauer, to direct the Mayor to write a letter in support of the Anaheim letter, with attachments, proposing structure for a committee of county supervisors and city representatives to create a shared decision making process in the development of the El Toro Niarine Base site. The motion carried unanimously. (City Council) AD HOC!C0MM13aEE FORMED TO REVIEW DRAFT GIFT BAN ORDINANCE - SULL1VAMS1LVAfWINCHELeL The City Clerk presented a communication from Councilmember Moulton -Patterson transmitting a draft ordinance relating to the donation and receipt of specified gifts to public officials. Following discussion, Mayor Winchell appointed Councilmembers Sullivan, Silva and Winchell to an ad hat committee to review the draft of the proposed gift ban ordinance; and to review the issue of lobbyists and return with a recommendation on developing a definition of lobbyists. (CilyC until) HUNTINGTON SEACLIFF HOMEOWNER'S ASSOCIATION LETTERS Councilmember Bauer stated he had received two letters from the Huntington Seacliff Homeowner's Association dated September 29, 1993 and October 1 , 1993 regarding conditions of approval not having been met by a developer. Councilmember Bauer urged staff to resolve the matter quickly. The City Administrator stated he placed a call to Mr. Tomaino and expected to discuss the matter with him in the morning. 4. 0 9 Page 416 - City Council/Redevelopment Agency Minutes - 1014193 (City Council) CRIME RATE INCREASES AS CITIES GROW LARGER - REGISTER NEWSPAPERS Councilmember Bauer referred to an article that appeared in the Orange County Register newspaper on Sunday, October 3, 1993. The article showed graphs showing crime rate increases per hundred thousand people as a city increases in size. He stated he would discuss the data with the Police Chief. (Clay Council) DRY CLEANING PLANTS - DOWNTOWN SPECIFIC PLAN AREA CITY ATTORNEY OPINION Councilmember Bauer stated his concern regarding dry cleaning plants in the Downtown Specific Plan Area. The City Administrator presented a report on the matter. The City Attorney summarized her legal opinion regarding a dry cleaning plant being located at 411 Main Street. She stated that under the definition in the Business and Professions Code it is lawful to operate a retail cleaning establishment which includes a plant on the premises for the use of retail sales on that site. Discussion was held between Council and staff regarding the proposed dry cleaning plant permit and the bond that had been posted by the applicant. Councilmember Leipzig requested the City Attorney to provide him with copies of the 1983 and current state definitions relating to dry cleaning establishments. ( ity Council) NAME MUNICIPAL CORP YARD IN HONOR OF LATE DON KISER PUBLLC WORKS MAINTENANCE OPERATIONS MANAGER - REFERRED TO COMMUNITY SERVICES COMMISSION WITH COUNCIL RECOMMENDATION TO APPROVE NAMING Councilmember Robitaille requested Council to dedicate the Municipal Corporation Yard in honor of the late Donald W. Kiser, long time city employee in the Public Works Department. Mr. Kiser was the Public Works Maintenance Operations Manager. Mayor Winchell concurred with the recommendation and stated the Community Services Commission has a sub -committee to review naming of public facilities. On motion by Robitaille, second Silva, Council directed staff to recommend to the Community Services Commission, with Council's approval, the dedication and naming in honor of the late Donald W. Kiser, the Municipal Corporation Yard. The motion carried unanimously. The Director of Community Services stated the Community Services Commission had just established the Naming Committee this month and the matter would be placed before them immediately. Councilmember Leipzig stated his concern that monument signs and plaques were designed and installed without Council final approval of the design. He requested staff submit the design of the Donald W. Kiser plaque, and any other plaques, to Council for final approval. (City Council) RESOLUTIO NO 6533 - ADOPTED AS AMENDED - HALF -CENT SALES TAX RATE -STATE PROPOSITION 172 The City Clerk presented a communication from Mayor Winchell transmitting Resolution No. 6533 supporting State of California Proposition 172 which places a half -cent sales tax rate in the State's Constitution that would be effective January 1, 1994. Mayor Winchell stated passage of Proposition 172 11. Page # 17 - City Council/Redevelopment Agency Minutes. - 1014193 1 . I would mean $500,000 to the city which is necessary to fully fund the Police Department and the Fire Department. The City Clerk presented Resolution No. 6533 for Council consideration -"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING STATE OF CALIFORNIA PROPOSITION 172 WHICH PLACES A HALF -CENT SALES TAX RATE IN THE STATE'S CONSTITUTION THAT WOULD BE EFFECTIVE JANUARY 1, 1994." Discussion was held regarding amending the resolution to remind voters the city cannot enact the half -cent tax increase, only the voters can do so and to encourage voters to vote for Proposition 172. He suggested an amendment showing the city is not taking this action alone but are joining others in support of the proposition and to list the names of those people or groups in support of Proposition 172 such as Sheriff Gates and the Police and Fire Departments. Councilmembers Robitaille and Silva gave reasons why they would vote no on the resolution; Councilmember Sullivan gave reasons why he would abstain from voting on the resolution. A motion was made by Moulton -Patterson, seconded by Leipzig, to adopt Resolution No. 6533, as amended by the City Attorney to reflect Proposition No. 172 can only be passed by a vote of the people and to indicate the City was joining other agencies and cities in support of Proposition 172, by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig NOES: Robitaille, Silva ABSTAIN: Sullivan ABSENT: None ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY_ Mayor Winchell adjourned the regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, at 5:30 p.m., October 11, 1993 in the Council Chambers, Civic Center. ATTEST: 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/Chairman i.. t