HomeMy WebLinkAbout1993-11-01MINUTES
CITY COUNCILIRE EVELOPMEN AGENCY
Room B-8, Civic Center
Huntington Beach, California
Monday, November 1, 1993
Mayor Winchell called the adjourned regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to order at 4:30 p.m.
CITY COUNCILIR DEVELOPMENT AGENCY ROLL CALL
PRESENT: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig, Silva (arrived 6:00 p.m.)
ABSENT: None
PLANNING COMMISSION ROLL CALL
PRESENT: Richardson, Bourguignon, Dettloff, Cook, Gorman (arrived 4:40), Inglee (arrived 4:38)
ABSENT: Biddle
JOINT STUDY SESSION - OVERVIEW OF HOLLY-SEACLIFF MASTER PLAN
Robert Franklin, Community Development Associate Planner, presented a staff report with slides
regarding the history of the Holly Seacliff Development project He reported on the benefits to the city of
parks and open space dedication, traffic, circulation and landscaping improvements, water sewer,
drainage and utility improvements, Police, Fire and emergency medical services improvements, and
construction of a new school. He reported on the benefits to the developer of the construction of three
thousand seven hundred and eighty residential units (3,780), no further land use regulations or
environmental impacts to be imposed and the city is to obtain reimbursements from other developers that
benefit from any excess improvements constructed by the developer.
Discussion was held by Council, Planning Commission, and staff regarding traffic impact fee, Linear Park,
Fire Service Impact Fee, possible density transfer within the project and the remediation plan.
The Chairman adjourned the Planning Commission meeting to Wednesday, November 4, 1993 at
6:00 p.m.
Communication Received Re: Integrated Recycling Systems Appeal - South Coast Refuse
Corporation
The City Clerk announced that a communication was received and distributed to Council, dated
November 1, 1993, from Bartz, Knuppel and Chun Law Office, representing Integrated Recycling
Systems, authorizing the firm to request the appeal to the denial of a recycling permit be dismissed.
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CLOSED SESSI
The Mayor called a closed session of the City Council pursuant to Government Code Section 54957.6 to
meet with its designated representatives regarding Labor Relations Matter -Meet and Confer. (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 litigation - Bailey, Haskin v. City - OCSCC 65-16-92.
(120.80)
The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code
Section 54956.8 to give instructions to its negotiator regarding negotiations with Robert J. Koury
concerning the lease of property located at 200 Main Street, Suite 101. (400.50)
The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code
Section 54956.8 to give instructions to its negotiator regarding negotiations with private party builders
(sealed bids submitted) concerning the purchase/sale/exchange/lease of the property located at
501 Main Street, commonly known as the Town Square Project. (400.50)
RECESS -RECONVENE
The Mayor called a recess of Council at 5,05 p.m. The meeting was reconvened at 5:55 p.m.
ADJOURNMENT - COUNCIUREDEVELOPMENT AGENCY
Mayor Winchell adjourned the adjourned regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to Monday, November 1, 1993 at 6:00 p.m. in the Council
Chamber, Civic Center, Huntington Beach, California.
Clerk of the Redevelopment Agency and City
Clerk and ex-officio Clerk of the City Council of
the City of Huntington Beach, California
ATTEST:
City Clerk Mayor/Chairman
138
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, November 1, 1993
4:30 p.m. adjourned regular meeting held in room B-8, Civic Center - See separate minutes
6:00 p.m. adjourned regular meeting held in Council Chamber, Civic Center
7:00 p.m. regular meeting held in Council Chamber, Civic Center
A videotape 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 6 p.m.
CROLL CALL:
Present: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig
Absent: None
FLAG CEREMONY. PLEDGE F ALLEGIANCE AND INY9CATION
The Pledge of Allegiance was led by Living Historians - Civil War 100th Pennsylvania Infantry,
Company K, Reactivated three years ago by Carl Clink. Color Guard led by Cad Clink. The
Invocation was given by Maureen Rivers, Chairman of the Newland House Board of Trustees.
PUBLIC COMMEN
Maureen Rivers invited everyone to the Civil War Reenactment on November 13 and 14 to
celebrate the 130th anniversary of the Civil War, which was fought 1861-1865 with a loss of more
than 620,000 lives; more lives lost than in any other war our country has fought. The Civil War
Reenactment will be held on the grounds of the Newland House and Bartlett Park. Ms. Rivers
requested the fire permit fees be waived.
John Tillotson and Haydee Tillotson reviewed the Brisas del Mar project, which is the conversion
of apartments to affordable condominiums. Mr. Tillotson described the process of developers and
staff working through various agencies and the procedures and regulations that were complied
with in order to complete the project which now has 29 people in escrow. He urged Council to
approve Redevelopment Agency Resolution No, 244 pertaining to loan agreements for loans
funded by housing set aside moneys.
Marie, Fi rr� ison stated that she rented an apartment at Brisas del Mar and was happy to discover
the low income buyers program. She urged Council to adopt the resolution regarding Brisas del
Mar.
Iv L , representing the Huntington Beach Community Clinic, requested Council waive
the business license fee for the Sugar Plum Village fund raiser. She suggested it would be
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Page #2 City Council/Redevelopment Agency Minutes t t/1/93
equitable if each vendor paid approximately $15 rather than for the Community Clinic to pay a full
years business license fee for a two week fund raiser.
In response to inquiry by the Mayor, the City Administrator stated he believed it would be proper
to address the issue immediately following the public comments portion of the meeting.
In response to a question by Councilmember Silva, Ms. Harrison stated the fund raiser ran from
December 3rd through December 19th, and was closed on'Monday.
John Merzwpiler described a street fight he witnessed on October 10, 1993 at Walnut Avenue and
Main Street. He stated weapons were involved and there were no arrests.
Jeanne Collins stated she believed an article on gang crimes in the Times newspaper was blown
out of proportion. She stated she was against the hate crime law bill.
George Arnold stated his concern regarding the expense of sending officials to conferences held
away from the city. He stated his concern regarding free parking which he said was given away in
the Main Street parking structure.
Mayor Winchell explained that the conferences Councilmembers and staff attended was the
League of California Cities Conference held in San Francisco and it had proved to be a valuable
conference for the Councilmembers and staff.
CITY ADMINISTRATOR'S REPORT
League of California Cities Conference
The City Administrator reviewed issues considered at the League of California Cities Conference
and stated he was the Chair of the City Managers Committee in Orange County_ Issues that were
addressed at the conference included financial structure of local government in California,
retirement issues, computers, legal issues and public works issues.
Laguna Bgarh Fire
The Fire Chief reviewed the city's police, fire and marine safety departments activities as they
participated in the joint effort of cities battling the Laguna Beach fire. Mayor Winchell commended
the Fire Department and public safety employees for their efforts.
7 P.M. REGULAR CITY COUNCIUREDEVEI_OPMENT AGENCY MEETING COMMENCED
Dirk Voss thanked Council for their support of Ordinance No. 3212 at their meeting held
October 25, 1993. Ordinance No. 3212 pertains to trespassing on school grounds.
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Page #3 City Council/Redevelopment Agency Minutes 11/1/93
(City Council) ADMINISTBATIVE HEARING - RESOLUTION NO 66" ADOPTED AS
AMENDED - SUPPORTS NO BRIDGE SCENARIO - SANTA ANA RIVER CROSSINGS
COOPERATIVE STUDY RECOMMENDATION TO THE ORANGE COUNTY BOARD OF
SUPERVISORS - (580.30)
The Mayor announced that this was the day and hour set for a public hearing to consider
modifications to the Master Flan of Arterial Highways related to roadway links connecting Garfield
Avenue to Gisler Avenue and connecting Banning Avenue to 19th Street (known as SARCCS
Scenario No. 1) and reserving all options pertaining to proposed construction of any new bridges
pending final Environmental Impact Reports.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
The City Clerk announced she had received a petition from Helen Hill listing approximately 90
people opposed to the bridges and a communication from Supervisor Wieder dated
November 1, 1993. The Mayor stated Council had received a petition with approximately 200
names opposed to the bridges and received approximately 50 communications opposed to the
bridges_ At the end of the public comments portion of the meeting the City Clerk announced she
had received an additional informal petition with approximately 92 signatures in opposition to the
bridges; a communication from Mr. and Mrs. J. F. McKuchtchen dated October 31, 1993 in
opposition to the bridges; as well as 44 slips filled out in opposition to the project by people who
wished to express their opinion in writing, without speaking before Council.
The City Clerk presented a report prepared by the Public Works Director.
The Senior Transportation Analyst with EMA Transportation gave a slide presentation of the
Santa Ana River Crossings Cooperative Study.
Harriet Weider, Supervisor of the 2nd District, commended the City Council on their outreach
program to gather information from citizens regarding city issues. She reviewed the background
of the Santa Ana River Crossing Cooperative Study issue. Supervisor Weder stated that
because the citizens have made it clear they do not want the bridges she would recommend to
the County Board of Supervisors the bridges be deleted from the Master Plan of Arterial Highways
and that it be done only after the four cities jointly adopt an alternative plan of arterial highway
improvements in order to provide a balanced land use circulation system. The plan must identify
necessary right-of-way acquisitions, scope of intersection widening improvements, environmental
clearance and agreement on construction financing.
Bob Eichblatt, City Engineer, presented a staff report and stated staff supported the results of the
study. He pointed out if the bridges were built now, as planned, the county would finance the
bridges, however, if the alternate plan, as suggested by Supervisor Weder, is approved it could
be a cost sharing plan between all of the partners and the results of the study indicate it would be
a more expensive plan.
The Mayor declared the public hearing open.
The following persons addressed the City Council in opposition to the project: Carol Proctor,
Dickie Stephens, Pauline Bauman, John Ely, Topper Horack, Ed K rin , ,gffrev Childs, William
Rosenthal, Ray, McCord, Duane Dishno, Huntington Beach School District representative, Gregg
Brenner, Michell Kagy, Aimee Henkel, C.E. Feierabend, Jeff Ste, Jim Gill, Joseph Genosa,
John Scott, GAY Arneson, Ray Piz r k, Jeff Gould, Nancy Palme, Mesa Verde Homeowner'
Association_
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Page #4 City Council/Redevelopment Agency Minutes l 1/l/93
Stated reasons for opposition included danger to children on Adams Avenue, residents traffic
count differed from official count, slides presented regarding street width comparisons, safety of
children would be jeopardized, need for a bikeway pedestrian bridge spanning Garfield Avenue to
Gisler Street, solve problem by traffic rerouting. Dr. Duane Dishno representing the Huntington
Beach School District stated budgets would forever impact safe walking routes for children, two
elementary schools directly impacted (Eader and soon -to -be built Huntington SeaclifF) as well as
an adverse impact on Perry Elementary School. Aimee Henkel, student, spoke regarding the
safety of her 10-year old brother riding his bike to school and the need for children to travel.
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.
Councilmembers Moulton -Patterson and Sullivan presented Resolution No. 6544 for Council
consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH REQUESTING THE COUNTY OF ORANGE TO INITIATE THE PROCESS TO
REMOVE THE 19THIBANNING AVENUE AND GISLER AVENUEIGARFIELD AVENUE
BRIDGES ON THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS (MPAH)."
Following discussion, a motion was made by Sullivan, seconded by Moulton -Patterson, to adopt
Resolution No. 6544.
Following discussion, a motion was made by Bauer, seconded by Leipzig, to amend the main
motion by deleting the following paragraph from Resolution No. 6544: "The city of Huntington
Beach desires to enter into a cooperative agreement with the cities of Costa Mesa, Fountain
Valley, Newport Beach, County of Orange and CalTrans to assess the needed intersections and
roadway improvements and assign mitigation cost responsibilities to all involved jurisdictions."
The motion to amend the main motion carried by the following roll tali vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig
NOES: None
ABSENT: None
The main motion, as amended, to adopt Resolution No. 6544, as amended, 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. The meeting was reconvened.
(City Council) PUBLIC HEARING - ORDINANCE NO 3217 - FAILED - REVISIONS -TO CITY•S
OIL PRODUCTION TAX - MAY BE RECONSIDERED PENDING RESULTS OF PENDING
LITIGATIM- ORDINANCE NO 3218 AS AMENDED - EAILE4- BUSINESS FEE_ FOR RENTAL
PROPERTY - REPORT REQUESTED RE SHORT TERM RENTALSIPAM HOUSES -
ORDINANCE NO 3219 - FAILED - INDEPENDENT CONTRACTORS BUSINESS FEE
(340.20)
The Mayor announced that this was the day and hour set for a public hearing to consider revisions
to the city's ordinance code regarding Natural Resources Production. The city is proposing a
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Page #5 City Council/Redevelopment Agency Minutes 11/1/93
revision to the ordinance by requiring a two cent increase to the existing fee per barrel of both
stripper and non -stripper well oil produced and sold. The estimated amount of revenue to be
raised in 1993194 from this increased fee is $40,000.
Legal notice as provided to the City Clerk's Office by staff had been published and posted. The
City Clerk announced she had received a letter dated November 1, 1993 from Shirley Commons
Long in opposition to the issue.
The City Clerk informed Council they had been provided with additional material on the issue from
City Administration.
The Deputy City Administrator gave a slide presentation.
The Mayor declared the public hearing open.
Bill Gibson, Communications Relations Manager for the West Coast for Shell Oil Company,
distributed material to Council. He compared the oil tax of Huntington Beach to taxes levied by
other cities and stated the Huntington Beach oil tax was the highest. He stated the proposed tax
was too much of an increase.
Jan,$hgmaker explained the real estate employer/employee system. She stated she was a
broker and employed real estate agents. She stated the city should determine who owns the
business, does he or she have a business license and are they paying for their employees. She
urged Council not to levy a special tax on some employees in the city.
Gene Opfer, Leon McKinney, Roggr Qlark, Gregory Brenner, Lucille Harmon, Gwendolyn Sneed
Frank Horzewsko and Haydee Tillotson spoke in opposition to the proposed fee on rental
properties
Pat Davis, representing Angus Petroleum, spoke in opposition to the proposed increase in the oil
barrel tax. She reviewed fees Angus pays to the city at the present time and requested Council to
vote against the raise in barrel tax.
Jim Banks, Co -Chairman of the Code Enforcement Committee of the Huntington Beach
Downtown Residents Association, stated the Committee gave conditional support to the proposed
rental tax on duplexes and single family residences, with the condition that the tax be used to hire
at least one additional code enforcement officer. He stated code enforcement officers were
needed, not more office personnel; he stated the Treasurer's Office should be able to find a
current employee to issue the additional business licenses that would be required under the
ordinance.
Pat Paulk, president of the Huntington Beach/Fountain Valley Association of Realtors; Charlette
Peterson and M rl en Li el, real estate agents; David Smith, independent insurance agent; Harry
Williams, realtor; Anthony Christensen, realtor; and Bussiere, realtor; David Miter, real estate
broker; and Roger Clark, realtor; spoke in opposition to the proposed business license fees for
independent contractors.
StevC H I n spoke in opposition of the proposed business license fee on independent
contractors and in opposition to the proposed rental fee on single family residences.
Judith Legan presented her survey of surrounding cities regarding business license fees on rental
property. She compared her survey with the one presented by city staff. She spoke in opposition
to the proposed rental fee on duplexes and single family residences_
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Qerald !;h apman spoke in support of the proposed business license fee for independent
contractors. He stated the real estate brokers should pay the fees for their real estate agents.
There being no one present to speak further on the matter and there being no further protests
tiled, either oral or written, the hearing was closed by the Mayor.
Proppsed Ordinance No. 3217 - Failed - Oil Barrel Tax
The Mayor stated Council would consider the proposed two cent increase to the existing fee per
barrel of both stripper and non -stripper well oil produced and sold.
The City Clerk presented Ordinance No. 3217 for Council consideration - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 6.32 OF THE MUNICIPAL CODE
TO PROVIDE FOR AN INCREASE IN RATES."
A motion was made by Silva, seconded by Robitaille, to deny introduction of
Ordinance No. 3217. Following discussion, the motion carried unanimously.
Oil Barrel Fee Income to Return to Qouncif Under CedWn Conditions
A motion was made by Bauer, seconded by Leipzig, that in the event the pending court cases
initiated by the oil companies result in significant reduction in property tax on oil assessment value
staff be directed to bring back for Council consideration the proposed two cent increase to the
existing fee per barrel of both stripper and non -stripper well oil produced and sold The motion
carried by the following roil call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig
NOES: Silva
ABSENT: None
Ordinance No 3218, as Amended - Failed- Buslng§s Fee on Renjall Propertigl- RepQ
Requested Re Ordinance Similar to Newport Beach Ordinance Re Short Term Rentals_;
Problem Party Houses
The Mayor stated Council would consider proposed Ordinance No. 3218 which would levy a $39
per year business license fee for single family rental properties and a $46 per year fee for duplex
rental properties.
The City Clerk presented Ordinance No. 3218 for Council consideration - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING CHAPTERS 5.16 AND 6.04 OF THE
MUNICIPAL CODE TO APPLY AN EXISTING FEE TO RENTAL UNITS OF ONE OR TWO
UNITS."
Following discussion, a motion was made by Leipzig, seconded by Bauer, to approve introduction
of Ordinance No. 3218, to be amended by staff to reflect a mechanism to charge a property
owner with more than one single family rental property a basic fee, with small incremental fees for
additional units, Following discussion the motion faflled by the following roil call vote:
AYES: Bauer, Leipzig
NOES: Robitaille, Moulton -Patterson, Wincheli, Silva, Sullivan
ABSENT: None
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Page #7 City Council/Redevelopment Agency Minutes 11/1/93
A motion was made by Leipzig, seconded by Robitaille, to direct staff to return to Council with a
recommendation regarding an ordinance similar to the one Newport Beach enacted pertaining to
short-term rental properties and information regarding dealing with problem party houses. The
motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Sullivan, Leipzig
NOES: Silva
ABSENT: None
No. 3219 - Failed - Indeoendent Contractors B
The Mayor stated Council would now consider proposed Ordinance No. 3219 which would
require independent contracts to obtain a business license.
The City Clerk presented Ordinance No. 3219 for Council consideration - "AN ORDINANCE OF
THE OF HUNTINGTON BEACH AMENDING CHAPTERS 5.16 AND 5.04 OF THE MUNICIPAL
CODE TO PROVIDE FOR AN INCREASE IN FEES."
A motion was made by Silva, seconded by Robitaille, to deny introduction of Ordinance
No. 3219. Fallowing discussion the motion to deny carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig
NOES: None
ASSENT: None
(City Council) PUBLIC HEARING - RESOLUTION NO 6543 - ADOPTED - VACATION OF
EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OFHUNTINGTON
STREET - NIO MAIN STREET (800.50)
The Mayor announced that this was the day and hour set for a public hearing pursuant to
Resolution of Intent No. 6525 adopted on October 4, 1993 to consider Resolution No. 6543 which
pertains to the vacation of an easement for public street purposes over a portion of Huntington
Street, north of Main Street.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
The City Clerk announced a letter had been received from the Metropolitan Water District stating
the District has no objection to said vacation.
The City Clerk presented Resolution No. 6543 for Council consideration - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION
OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF HUNTINGTON
STREET NORTH OF MAIN STREET."
The Mayor declared the public hearing open.
Bill Holman, Pacific Coast Homes, developer of adjacent property, spoke in favor of the vacation.
Bernie Hu ot stated Council had been provided with a letter from the Huntington Creek
Homeowners Association and described problems with water draining from Huntington Street
through their condominium complex.
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Page #8 City Council/Redevelopment Agency Minutes 11/1/93
Diana Hancgr,k, President Huntington Creek Homeowners Association, described problems with
trash flowing through the drain pipe into their complex. She stated trash needs to be contained on
Amberleaf Circle's own property and requested Council close Huntington Street and approve
funding to eliminate the drainage in Huntington Creek.
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.
Discussion was held between Council and staff regarding the drainage problem from Huntington
Street into the Huntington Creek condominium complex.
On motion by Leipzig, second Bauer, council adopted Resolution No. 6543 by the following roll
call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig
NOES: None
ABSENT: None
(City Council) ADMINISTRATIVE HEARING -ACCEPTED WITHDRAWAL OF APPEAL TO
DENIAL OF RECYCLING PERMIT - INTEGRATED RECYCLING $YSTEMS - (SOUTH OAST
REFUSE CORPORATION) (810.60)
The Mayor announced that this was the day and hour set for an Administrative hearing to consider
an appeal filed by South Coast Refuse Corporation as integrated Recycling Systems (I.R.S.)
regarding a decision of the Public Works Director, as affirmed by the Assistant City Administrator,
not to permit Integrated Recycling Systems to place bins for the collection of recyclable material
within the city.
Legal notice as provided to the City Clerk's Office by staff had been published, and posted. The
City Clerk announced she had received a communication dated October 26, 1993 from Bartz,
Knuppel & Chun, attorneys representing Integrated Recycling Systems.
The City Administrator stated the item could be deleted from the agenda.
On motion by Silva, seconded by Sullivan, Council accepted the appellants withdrawal of the
appeal filed by South Coast Refuse Corporation as Integrated Recycling Systems. The motion
carried unanimously.
ON$ENT CALENDAR - (ITEMS_REMMOV
Councilmember Sullivan requested that the item pertaining to the Brisas del Mar Second Trust
Deed Program be removed from the Consent Calendar for separate discussion.
CONSENT CALENDAR (ITEMSAPPROVED)
On motion by Silva, second Sullivan, Council approved the following items, as recommended, by
the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Wincheil, Silva, Sullivan, Leipzig
NOES: None
ABSENT: None
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Page #9 City Council/Redevelopment Agency Minutes 11/1/93
JCIty Council)/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted
minutes of Council/Agency regular meeting of July 6, 1993 as written and on file in the Office of
the City Clerk.
(City Council) RENOVATION OF PRINCE PARK, APPROVED - PLANS & SPECIFICATIONSI
CALL FOR BIDS - CC-8 1 - Approved plans and specifications for renovation of Prince Park in
Huntington Harbour and authorized the Director of Public Works to solicit construction bids; and
approved an amendment to the current year budget by appropriating $33,300 for the renovation of
Prince Park from the Park Acquisition and Development Fund. (600.65)
(Cily Council) CONSTRUCTION MBERLEAF PARK - APPROVED - PLANS
P SICALL -FOR BIDS- CC - Approved plans and specifications for
construction of Amberleaf Park, and authorized the Director of Public Works to solicit construction
bids, approved sample contract subject to award of contract to Council approved lowest
responsible bidder. (600.65)
(City Councallikedevelopment A nc APPROVED AMENDMENT 2 TO LEGAL
SERVICES AGREEMENT - M LtEDEVELOPMF
ENT PROJECT AREA RE:
ILOOQM V CITY - LEWIS, D-AMATO, BRISBOIS & BISGAARD - Approved and authorized
execution of Amendment No. 2 to Agreement between the City of Huntington Beach and Lewis,
D'Amato, Brisbois & Bisgaard for Legal Services for Bloom v City of Huntington Beach and
Redevelopment Agency of the City of Huntington Beach in an amount not to exceed $100,000,
(600.10)
Coun it -RESOLUTION NO 6540- ADOPTED - CODE OF ETHICS- AMEN
CITY COUNCIL MANUAL - APPROVED - "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ADOPTING A CODE OF ETHICS AND AMENDING THE CITY
COUNCIL MANUAL."
JCft Council) ACCEPTED ANNUAL REVIEW RE COMPLIANCE JMIH MEADOWLARK
D O MENT AGREEMENT - APPROVED - QEVELOPMENT AGREEMENT N
NERIO FAMILY - Accepted the annual report of the Planning Commission which finds the
developer in compliance with the Development Agreement. (600.10)
(Coty Council) INTERGOVERNMENTAL SERVICE AGREEMENT - APPROVED - JAIL
DETENTIONSERVICES WITH CITY OF GARDEN GROVE - Approved and authorized execution
of the Intergovernmental Service Agreement between the City of Huntington Beach and the City of
Garden Grove for the Detention at the Huntington Beach Police Department of detainees held in
custody by the Garden Grove Police Department. It is estimated that this contract will generate
$22,500 to $31,250 in revenue per year. (Booking fee of $125 and daily housing fee of $41.15)
(600.10)
(City Council) RESOLUTION NO.6542 - ADOPTED - PETROLEUM,MIQLATOR ESCROW
ACCOUNT GRANT ALLOCATION CALIFORNIA - CALTRANS - TRAFFIC
SIGNAL M,py$TER CONTROM & SURVEILLANCE SYSTEM -Adopted Resolution No. 6542
which approves the contractual agreement between the City and Cal Trans and authorizes the
Public Works Director to execute the agreement on behalf of the City in order to obtain grant
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Page #10 City Council/Redevelopment Agency Minutes 11/1/93
funds from Cal Trans - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING THE FUND TRANSFER AGREEMENT BETWEEN THE
STATE OF CALIFORNIA AND THE CITY OF HUNTINGTON BEACH AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY."
and established a grant fund in the amount of $500,000 which is to be funded by the Petroleum
Violator Escrow Account (PVEA) Program grant authorized in the contractual agreement.
(Re evelQpment Agency) APPROVED AMENDMENT NO 2 TO AGREEMENT WITH LAW
FIRM OF POPPIN & SHIER - WATERFRONT HILTON BANKRUPTCY SPECIAL COUNSEL -
Approved and authorized execution of Amendment No. 2 to the Agreement between the
Redevelopment Agency of the City of Huntington Beach and the low firm of Pippin & Shier in an
amount not to exceed $20,000 for special bankruptcy counsel in connection with the Waterfront
Hilton Chapter 11 Matter. (600.10)
(CCi y Council) PROFESSIONAL SERVICES CONTRACT- APPROVED - ASOCIATED
LABORATORIES - TO PERFORM WATER QUALITY ANALYSES - Approved and authorized
execution of Professional Services Contract between the City of Huntington Beach and
Associated Laboratories, Inc., for Water Quality Analyses on an as needed basis via monthly
billing for an annual amount not to exceed $55,000. (600.10)
(City CouncRAPPROVED RENAMING THE MUNICIPALCORPORATION YARD TO THE
DONALD W. KISER MUNICIPAL RATI N YARD - Authorized staff to proceed with
naming the Municipal Corporation Yard the Donald W. Kiser Municipal Corporation Yard in honor
of the late Donald W. Kiser, Maintenance Operations Manager. ((215.10)
(City Council) APPROVED REQUEST FOR APPROPRIATION TO_AUTOMATE THE
BUILDING VI I N OF THE DERARTMENT OF COMMUNITY EL P - Appropriated
$79,000 to implement the automation of the Building Division as outlined in the Operational
Evaluation Plan adopted by Council on June 19, 1993. (320.20)
(City Council) BUDGE AMENDMENT - APPROVED - FINAL PAYMENT TO CHEVRON USA
RELOCATION OF OIL PIPELINE AT 19001 HUNTINGTON STREET - WATER OPERATIONS
Y�$Q - Approved an amendment to the current year budget by appropriating $43,806.01 in
Unappropriated Water Reserve Funds to fund the amount due Chevron USA as final payment for
the relocation of 1,100 feet of crude oil pipe line that formerly ran through the Water Operations
Yard. (This is the balance due form a total of $136,806.01.) (320.45)
(City Council/Redevelopment Agency) RESOLUTION -NO 244 - ADOPTED - BRISAS del
MAR - SECOND TRUST DEED PROGRAM - 409 UTICA AVENUE
The City Clerk presented a communication from the Redevelopment Director regarding the Brisas
del Mar Second Trust Deed Program.
The City Clerk presented Redevelopment Agency EtiMolution No. 244 for Council consideration -
"A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON
BEACH AUTHORIZING EXECUTION BY THE DIRECTOR OF ECONOMIC DEVELOPMENT OF
LOAN AGREEMENTS FOR LOANS FUNDED BY HOUSING SET ASIDE MONIES."
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Following discussion, a motion was made by Sullivan, seconded by Winchell, to approve the
following actions:
Approve the appropriation of a maximum of $400,000 of redevelopment set aside housing
trust funds for a second trust deed program for only low-income buyers at Brisas del Mar
(Minimum of 14).
2, Approve the loan documents, as submitted, to be used as standard loan documents for
the second trust deed program, with minor modifications as required by each participating
lender;
Adopt Redevelopment Agency Resolution No. 244 authorizing the appropriate City and
Agency officials to sign all documents required and file for recording with the county.
The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig
NOES: None
ABSENT: None
(City Council) CONSTRUCTION BID -AWARD - APPROVED - PRO CONTRA�, T�
CORPORATION - CONSTRUCTION MANAGEMENT AGREEMENT APPROVED^ CMl
ENGINEERING CONSULTANTS - BUDGET AMENDMENT APPROVED - PECK RESERVOIR
RENOVATION - CC-696 (600.00)
The City Clerk presented a communication from the Director of Public Works regarding award of
bid, professional services agreement and appropriation of funds for the renovation of Peck
Reservoir.
A motion was made by Bauer, seconded by Moulton -Patterson, to approve the following actions:
Authorize the Director of Finance to amend the current year Water Division Capital
Improvement Budget for the Peck Reservoir Renovation; CC-696, by: Appropriating an
additional $982.330 for construction costs; appropriating $360,000 for anticipated project
supplemental expenses (including $98,650 for construction support and inspections
services.) and appropriating $279,303 for construction change orders.
2. Establish a budget for CC-696 of $3,982,330. This includes the $2,793,027 for
construction; $360,000 for anticipated project supplemental expenses; $279,303 for
construction change orders; and $550,000 for equipment purchases.
3. Accept the construction bid submitted by Pro Contracting Corporation as the lowest
responsible bid, 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 and authorized the Mayor and City Clerk to execute the
construction contract in the amount of $2,793,027. The bids were as follows:
ContraQto Uase Bid
Pro Contracting Corporation 2,793,027
Keiwitt Pacific 3,058,200
Pascal & Ludwig 3,070,000
MERCO Construction 3,111,600
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Page #12 City Council/Redevelopment Agency Minutes 11/1/93
BFI Contractors 3,169,700
C W Roen Construction 3,204,222
E_ R. Paul 3,597,192
4. Approve the selection of CMI Engineering Consultants to provide the construction
management, inspection and quality control for CC-696, and authorize the Mayor and City
clerk to execute the professional services agreement with CMI Engineering Consultants
for a fee not -to -exceed $98,670.00. ($85,800,00 + fifteen percent [15%] for anticipated
change orders.).
The motion carried by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig
NOES: None
ABSENT: None
(City Council) ORDINANCE NO 3212 - ADOPTED - PROHIBITING TRESPASSING O.N
SCHOOL OROUNDS (640.10)
The City Clerk presented Ordinance No. 3212 for Council consideration - "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROHIBITING TRESPASSING
ON SCHOOL GROUNDS."
On motion by Leipzig, second Sullivan, Council adopted Ordinance No. 3212, after reading by
title, by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig
NOES: None
ABSENT. None
(City Council) ORDINANCE NO 3216 -ADOPTED -NOISE CONTROL (640.10)
The City Clerk presented Ordinance No. 3216 for Council consideration - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.40 OF THE HUNTINGTON
BEACH MUNICIPAL CODE BY AMENDING SECTION 8..40.010 RELATING TO NOISE
CONTROL."
On motion by Leipzig, second Sullivan, Council adopted Ordinance No. 3216, after reading by
title, by the following roll call vote:
AYES: Robitaille, Bauer, Moulton -Patterson, Winchell, Silva, Sullivan, Leipzig
NOES: None
ABSENT: None
(City Council) PLANNING COMMISSION APPOINTMENT -APPROVED - SUSIE NEWMAN
(110.20)
Counciimember Robitaille stated he had requested and received the resignation of Ken
Bourguignon from the Planning Commission. Councilmember Robitaille announced the
appointment of Susie Newman as his designee to the Planning Commission effective
November 16, 1993.
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Page 413 City Council/RedevelopmentAgency Minutes 11/1/93
Considerable discussion was held as to what form a resignation from the Planning Commission
should be in.
Councilmember Leipzig stated he believed it would be better to go through the removal procedure
set forth by the Huntington Beach Municipal Code.
The City Attorney clarified the code at the request of Councilmember Bauer.
The appointment of Susie Newman to the Planning Commission was announced effective
November 16, 1994.
REQUEST WAIVER OF,FEES _FOR CIVIL WAR REENACTMENT AT NEWLAND HOUSE
DENIED WITH REGRET - REPORT TO BE PREPARED RE TYPES OF NON-PROFIT
ORGANIZATION FUND RAISING ACTIVITIE$
In response to inquiry by Mayor Winchell, the Director of Community Services stated there was no
mechanism to waive the $200 application fee and the $125 campfire fee as requested by
Maureen Rivers during the Public Comments portion of the meeting, the fees are in connection
with the Civil War Reenactment on the grounds of the Newland House scheduled for
November 13 and 14, 1993.
In response to inquiry by Councilmember Robitaille, the Director of Community Services stated
staff was preparing a report on the new specific events process and special events process. He
stated the report should provide information to Council which may assist them in their
considerations when local charities request fees be waived in connection with their fund raising
activities.
ADJOURNMENT - COUNCIUREDEVEL.QPMENT AGENCY
The Mayor Winchell adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to 4:30 p, m., Monday, November 15, 1993 in Room B-S,
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:
City Clerk/Clerk
Mayor/Chairman
151