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HomeMy WebLinkAbout1994-05-18 (14)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Wednesday, May 18, 1994 PLEDGE OF ALLEGIANCE The pledge of allegiance was lead by Councilmember Leipzig. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Leipzig, Sullivan, Moulton -Patterson, (arrived 7:45 p.m.) ABSENT: Robitaille, Winchell City Clerk, Connie Brockway, called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6:30 p.m. CITY ATTORNEY REPORTED ON THE PROCEDURE FOR APPOINTING A COUNCILMEMBER TO ACT AS MAYOR IN THE ABSENCE OF THE MAYOR AND MAYOR PRO TEMPORE The City Attorney reported on the procedure for appointing a Councilmember to act as Mayor in the absence of the Mayor and Mayor Pro Tempore citing Charter Section 304 and 305 and Resolution No. 6320. Ms. Hutton stated that the City Charter had precedence over a resolution of the Council and an election should be held to determine a Councilmember to act as Mayor. The City Clerk called for a motion to elect a Mayor for this interim time. A motion was made by Sullivan, seconded by Bauer, that Councilmember Leipzig should chair the meeting until the Mayor arrives. The motion carried by the following roll call vote: AYES: Silva, Bauer, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Moulton -Patterson, Winchell Councilmember Leipzig announced that all City Council/Redevelopment Agency items on the agenda are items continued from the regular City Council meeting of May 16, 1994. He stated that the he wanted to start with the establishment of a policy prohibiting beer sales by local service clubs on the Fourth of ,July Parade route. 224 Page 2 - Council/Agency Minutes - 05/18/94 (City Council) ESTABLISH POLICY PROHIBITING BEER SALES BY LOCAL SERVICE CLUBS ON FOURTH OF JULY PARADE ROUTE - APPROVED (120.10) The City Clerk presented a communication from the City Administrator regarding the need to establish a policy regarding operation by local service clubs of beer booths on the Fourth of July Parade route. The City Administrator reported on a request from the Downtown Residents Association that the city establish a policy of no open sale of beer on the parade route during the Fourth of July parade. Discussion was held by Council and staff regarding the Lion's Club fundraising booth and alcohol related problems in the downtown area in prior years on the Fourth of July. A motion was made by Leipzig, seconded by Sullivan, to establish a policy that beer booths not be allowed on the Fourth of July Parade route. The motion carried by the following roll call vote: AYES: Bauer, Leipzig, Sullivan NOES: Silva ABSENT: Robitaille, Moulton -Patterson, Winchell (City Council) ALTERNATIVES - CENTRAL LIBRARY PARKING LOT EXPANSION - TRANSFER OF UNUSED CERTIFICATES OF PARTICIPATION - SOIL REMEDIATION PLANS AT MUSHROOM FARM SITE - CONTINUED TO JUNE 6. 1994 (600.65) The City Clerk presented a communication from the City Administrator regarding recommendations to Council related to the Central Library Parking Lot Alternatives. A motion was made by Sullivan, seconded by Bauer, to continue the alternatives for the Central Library Parking Lot Expansion to June 6, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Moulton -Patterson, Winchell (City Council) TERMINATION OF AGREEMENT BETWEEN CITY AND STATE OF CALIFORNIA - CITY MAINTENANCE OF STATE HIGHWAYS - APPROVED (600.20) The City Clerk presented a communication from the City Administrator regarding whether the agreement for city maintenance of state highways should be terminated. Don Noble, Maintenance Operations Manager, presented a staff report. 225 Page 3 - Council/Agency Minutes - 05/18/94 The City Attorney expressed support for the termination of the agreement for maintenance due to the liability risks. Councilmember Sullivan spoke regarding a termination letter to be written to the State of California which would be prepared by the City Attorney. The City Attorney spoke in support of termination of the agreement. A motion was made by Silva, seconded by Sullivan, to authorize the City Attorney to prepare and submit to the State of California the appropriate letter of termination of the "Agreement by and Between the City of Huntington Beach and the State of California for Maintenance of State Highways in the City of Huntington Beach". The motion carried by the following roll call vote: AYES: Silva, Bauer, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Moulton -Patterson, Winchell (City Council/Redevelopment Agency) NEGOTIATION OF AMENDMENT TO OWNER PARTICIPATION AGREEMENT - MOHAMMED AND ADEL ZEIDAN - 126 MAIN STREET - MAIN -PIER REDEVELOPMENT PROJECT AREA - PROPOSED REDUCTION OF ULTIMATE RIGHT-OF-WAY - REVISED PRECISE PLAN OF STREET ALIGNMENT - WALNUT BETWEEN MAIN STREET AND THIRD STREET - CONTINUATION OF CODE VIOLATION PROSECUTION (600.30) The City Clerk presented a communication from the City Administrator regarding the Amendment of the Owner Participation Agreement between the city, Redevelopment Agency and Mohammed and Adel Zeidan. The Economic Development Director presented a staff report. Discussion was held by Council and staff. Councilmember Silva requested Richard Harlow, representing the developer, to speak. Richard Harlow, representing the Zeidan's, spoke regarding the history of the property, a fire that damaged the building and the developer's opposition to dedication of ten foot for the widening of Walnut Avenue . He requested to pursue negotiations to amend the Owner Participation Agreement before the building is demolished. The City Attorney reported regarding the prosecution of the property owner for code violations as a dangerous building. The Mayor arrived at 7:48 p.m. 226 Page 4 - Council/Agency Minutes - 05/18/94 The Fire Chief reported on the unsafe condition of the building. Motion to Remove Item Number Four from the Recommended Action - Withdrawn A motion was made by Silva, seconded by Bauer, to remove item number four from the Recommended Action, as follows: 1. Direct the City Attorney to concurrently continue its prosecution for code violations. The motion was withdrawn by Councilmember Silva. Motion to Omit from the Recommended Action Direction to City Attorney Regarding Prosecution of Code Violations A motion was made by Silva, seconded by Bauer, to omit from the Recommended Action the direction to the City Attorney to concurrently continue its prosecution for code violations. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Sullivan NOES: None ABSENT: Robitaille, Winchell Motion to Give Direction to Staff that Council wants Eighty (80) Food Width on Walnut Avenue A motion was made by Sullivan, seconded by Leipzig, that Council give direction to staff that Council wants eighty (80) foot width on Walnut Avenue in this particular area. Discussion was held between the City Council, City Administration and City Attorney. Richard Harlow, Harlow and Associates, responded to the Mayor's question regarding aesthetics. Councilmember Sullivan repeated the motion. He stated he would be willing to withdraw the motion if Councilman Leipzig suggestion regarding a staff report within two to four weeks could be achieved. Discussion was held between the City Attorney and Councilmember Bauer. At the request of Councilmember Silva, Mr. Harlow responded as to the reason why Mr. Zeidan requested a continuance. 227 Page 5 - Council/Agency Minutes - 05/18/94 Motion to Direct Staff to Prepare Presentation Regarding Ramification of Eighty (80) Foot Verses Seventy (70) Foot Width on that Portion of Walnut Avenue On motion by Sullivan, second Leipzig, Council directed staff to prepare a presentation to Council regarding the ramification of eighty (80) foot verses seventy (70) foot width on that portion of Walnut Avenue and present to Council at the second meeting in June. The motion carried by the following vote: AYES: Moulton -Patterson, Leipzig, Sullivan NOES: Silva, Bauer ABSENT: Robitaille, Winchell (City Council) HB CABLE TV-3 - REPLACEMENT OF PHASECOM PLAYBACK EQUIPMENT -APPROVED (320.45) The City Clerk presented a communication from the City Administrator regarding malfunctioning of equipment which is used for the playback of HBTV-3 programs. The manufacturer maintenance support, and spare parts are no longer available. Richard Barnard, Deputy City Administrator, presented a staff report. A motion was made by Sullivan, seconded by Moulton -Patterson, to authorize the replacement of the Phasecom Director Series System XIX Model 12 playback equipment and appropriate $150,000 from the Cable Fund Reserves to replace the equipment. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Winchell, Silva (out of room) (City Council) ORDINANCE NO. 3237 - TATTOO ESTABLISHMENT AND OPERATION REGULATIONS - APPROVED INTRODUCTION - STAFF REPORT REQUESTED REGARDING BODY PIERCING (640.10) The City Clerk presented Ordinance No. 3237 for Council Introduction - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 8.70 TO THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS." (Regulations for establishment and operation of tattoo businesses to ensure protection of health and safety.) 228 Page 6 - Council/Agency Minutes - 05/18/94 A motion was made by Leipzig, seconded by Sullivan, to approve introduction of Ordinance No. 3237. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Winchell Staff Directed to Prepare a Report Regarding Body Piercing Councilmember Leipzig questioned if body piercing should be a separate ordinance or included in the tattoo ordinance. The Police Chief reported. Councilmember Sullivan spoke at length regarding health issues involved in body piercing. Councilmember Bauer stated he would encourage a training program through the legislature for anyone who pierces the body and that he would like to put on the Council agenda a letter to be sent to the legislature by the Mayor. The City Administrator stated that a report will be prepared for Council regarding body piercing. Staff Report Requested Regarding Assembly Bills No. 2897 and 2742 Relating to Control of Alcohol Councilmember Bauer requested that a staff report be prepared regarding Assembly Bills Nos. 2897 and 2742 which would allow cities greater discretion in controlling alcohol. Support Expressed for Enforcement of the Curfew for Minors in the Downtown Area Councilmember Bauer spoke in support of the enforcement of the curfew for minors in the downtown area. He suggested a "baby-sitting" ordinance in order to charge the parents of curfew violators for the time spent supervising these children. The Police Chief reported that he has sent a Request for Legal Services to the City Attorney's Office for the procedure recommended by Councilmember Bauer. 229 Page 7 - Council/Agency Minutes - 05/18/94 Study Session Requested Regarding Sewer Agency Councilmember Bauer requested a study session regarding problems in the various Sewer Agency recently reported in the newspaper relative to employee accidents and other problems and how the city interacts with the various agencies. City staff reported on the extent of the city's involvement with these agencies. Councilmember Leipzig reported on the Orange County Sanitation District on which he serves as liaison. Police Department Commended on Curfew Enforcement The Police Chief was commended on the curfew enforcement in the downtown area. CONSENT CALENDAR - ITEMS REMOVED The following item was requested by: (Silva) amendment to agreement Ervin, Cohen and Jessup for review of Bolsa Chica Environmental Impact Report, authorize expenditure for addition of new names to the Municipal Pier Donor Wall; (Sullivan) amended professional services contract for consulting services for computer aided traffic modeling, program agreements and participant approval Brisas del Mar Down Payment Assistance Program, televising City Council/Redevelopment Agency fourth Monday study sessions; (Leipzig) agreement JHK and Associates for communications design. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Leipzig, second by Bauer, Council approved the following items, as recommended. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Winchell (City Council/Redevelopment Agency) MINUTES - ADOPTED - Approved and adopted minutes of the Council/Agency adjourned regular meeting of April 6, 1994 and regular meeting of April 18, 1994 as written and on file in the Office of the City Clerk. 230 Page 8 - Council/Agency Minutes - 05/18/94 (City Council) PERSONNEL COMMISSION - RESIGNATION - HARRY BUHLER - APPOINTMENT - R. MICHAEL HARDEN - APPROVED (110.20) - Accepted with regret the resignation of Harry J. Buhler and approved the appointment of R. Michael Harden to the Personnel Commission to fill the remainder of the term expiring June 30, 1996. (City Council) TOWN LOT AND OLD TOWN ALLEY IMPROVEMENTS - APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS - CC-850 AND CC-907 - APPROVED (600.50) - Approved the plans and specifications for Town Lot and Old Town Alley Improvements and authorized the Public Works Director to solicit bids for construction, (total funds $1,210,387). (City Council) RESOLUTION NO. 6593 - ANNUAL APPLICATION FOR SB-821 FUNDS - FY 1994-95 - BICYCLE AND PEDESTRIAN FACILITIES - ADOPTED (340.80) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN." (City Council) AMICUS CURIAE BRIEF - BERGER V. CITY OF MORGAN HILL - CONDITIONS ON FINAL SUBDIVISION MAPS - APPROVED (630.50) - Authorized joining in the amicus curiae brief supporting the City of Morgan Hill's position on an appeal that city employees cannot eliminate or modify conditions imposed on a final subdivision map. (City Council) TWO NEW TRAFFIC SIGNALS - INTERSECTIONS OF ATLANTA AVENUE AND MIRAMAR LANE/GREENFIELD LANE AND MAGNOLIA STREET AND EDISON HIGH SCHOOL - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-906 - APPROVED (600.55) - Approved the plans and specifications for the installation of the two new traffic signals at the intersections of Atlanta Avenue and Greenfield Lane/Miramar Lane and Magnolia Street and Edison High School (CC-906) and authorized the Director of Public Works to advertise the project and approved the sample contract subject to award of contract to approved lowest responsible bidder, (estimate $240,000). 231 Page 9 - Council/Agency Minutes - 05/18/94 (City Council) REVIEW OF BOLSA CHICA DRAFT ENVIRONMENTAL IMPACT REPORT - AMENDMENT NO. 1 MASTER PLAN OF SEWERS AGREEMENT - KENNEDY JENKS CONSULTANTS, INCORPORATED -APPROVED (600.10) - Approved Amendment No. 1 to the current year budget by appropriating $5,000 for consultant services to assist staff in the review of the Bolsa Chica Draft Environmental Impact Report; approved and authorized execution of Amendment No. 1 (Master Plan of Sewers Agreement) between the city and the firm of Kennedy Jenks Consultants, Incorporated to assist staff in the review of the Bolsa Chica Draft Environmental Impact Report. (City Council) AGREEMENT - PAY TEL, INCORPORATED - PROVIDE NON -CASH COLLECT CALL TELEPHONE SERVICE IN POLICE DEPARTMENT JAIL - APPROVED (600.10) - Approved and authorized execution of an Agreement between the city and Pay Tel, Incorporated to provide non -cash collect call telephone equipment in the Police Department for use by inmates in the city jail pursuant to State of California mandate. (City Council) AMENDMENT NO. 1 TO AGREEMENT TO PROVIDE ADDITIONAL WORK - ERVIN, COHEN AND JESSUP, LAW OFFICE - REVIEW OF BOLSA CHICA ENVIRONMENTAL IMPACT REPORT - APPROVED (600.10) The City Clerk presented a communication from the City Attorney regarding Amendment No. 1 to the Agreement with Ervin, Cohen and Jessup, Law Office, for review of the Bolsa Chica Environmental Impact Report. Councilmember Silva spoke regarding the expenditure of the funds for legal services on the Bolsa Chica when the city is having budget problems. A motion was made by Leipzig, seconded by Sullivan, to approve and authorize execution of Amendment No. 1 to the Agreement between the city and Ervin, Cohen and Jessup for legal services regarding the Bolsa Chica Environmental Impact Report; appropriate $50,000 for fees pursuant to the amendment; appropriate $9,547.30 for the payment of previously incurred costs pursuant to the original agreement with Ervin, Cohen and Jessup. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: Silva ABSENT: Robitaille, Winchell 232 Page 10 - Council/Agency Minutes - 05/18/94 (City Council) ADDITION OF NEW NAMES TO MUNICIPAL PIER DONOR WALL - AUTHORIZE EXPENDITURE - APPROVED - STAFF REPORT REQUESTED - BUSINESSES WHICH HAVE NOT MET COMMITMENT (320.45) The City Clerk presented a communication from the City Administrator regarding the Addition of Names to the Pier Donor Wall. Councilmember Silva spoke regarding the program. Richard Barnard, Deputy City Administrator, presented a staff report. Councilmember Sullivan suggested that staff prepare a report in the next six months regarding businesses which have not paid the donation that was committed to rebuild the pier and have the names removed from the Pier Donor Wall. A motion was made by Sullivan, seconded by Leipzig, to appropriate and authorize the expenditure of $1,777.68 plus ten percent (10%) for a contingency ($177) for the placement of up to two hundred twelve (212) new names on the Pier Donor Wall. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Winchell (City Council) AMENDED PROFESSIONAL SERVICES CONTRACT - ROBERT KAHN, JOHN KAIN AND ASSOCIATES, INCORPORATED - CONSULTING SERVICES - COMPUTER AIDED TRAFFIC MODELING - GENERAL PLAN UPDATE MODELING SUPPORT - PROFESSIONAL LIABILITY INSURANCE WAIVER - APPROVED - STAFF REPORT REQUESTED REGARDING WAIVER OF LIABILITY INSURANCE (600.10) The City Clerk presented a communication from the City Administrator regarding the General Plan Amendment Funding for Consulting Services. Councilmember Leipzig requested a staff report regarding the issue of liability insurance and possible delegation to staff of Council waiver authority. 2 3 Page 11 - Council/Agency Minutes - 05/18/94 A motion was made by Leipzig, seconded by Moulton -Patterson, to approve the amended Professional Services Contract between the city and Robert Kahn, John Kain and Associates, Incorporated to provide Consulting Services in Computer Aided Traffic Modeling and authorize the Mayor and the City Clerk to execute the contract; approve deletion of Section 10 B, "Professional Liability Insurance" in the contract as not applicable for the services performed; and authorize the expenditure of up to $19,000 for services performed, and require City Council approval for any additional work performed under this agreement. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Winchell (City Council) AGREEMENT - JHK AND ASSOCIATES - COMMUNICATIONS DESIGN PROJECT - TRAFFIC SIGNAL MASTER CONTROL AND SURVEILLANCE SYSTEM - CONTINUED TO JUNE 6, 1994 (600.10) The City Clerk presented a communication regarding the Traffic Signal Master Control and Surveillance System Communications Design Project. Councilmember Sullivan requested that the Agreement for Traffic Signal Master Control and Surveillance System be continued to June 6, 1994 as he has been unable to meet with staff to address his concerns. A motion was made by Leipzig, seconded by Sullivan, to continue the Agreement for Traffic Signal Master Control and Surveillance System to June 6, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Winchell (City Council/Redevelopment Agency) PROGRAM AGREEMENTS - PARTICIPANT APPROVAL - BRISAS DEL MAR - DOWN PAYMENT ASSISTANCE (PURSUANT TO RESOLUTION NO. 244 ADOPTED ON NOVEMBER 1, 1993) - APPROVED - STAFF REPORT REQUESTED REGARDING EVALUATION OF PROGRAM (600.10) The City Clerk presented a communication regarding the Down Payment Assistance Program --Participant Approval. Councilmember Sullivan requested a staff report regarding an evaluation of the success of the program prior to any further requests for funding. 234 Page 12 - Council/Agency Minutes - 05/18/94 A motion was made by Sullivan, seconded by Leipzig, to approve and incorporate in each listing, which names specific participants, the amount of each loan and the specific property subject to trust deed, into a previously approved sample Down Payment Assistance Loan Agreement.; authorize the Mayor/Chairman to execute and the City Clerk/Clerk to attest to each Agreement between the City and/or Agency and each participant as approved herein; and release funds for Down Payment Assistance Program participants. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Winchell, Silva (out of room) sty Council/Redevelopment Agency) TELEVISING CITY COUNCIL AND REDEVELOPMENT AGENCY FOURTH MONDAY STUDY SESSIONS (ADJOURNED MEETINGS) -APPROVED (120.10) The City Clerk presented a communication from the City Administrator regarding the televising of City Council and Redevelopment Study Sessions. Councilmember Sullivan spoke in support of the televising of the fourth Monday study sessions. A motion was made by Moulton -Patterson, seconded by Sullivan, to hold the City Council/Redevelopment Agency's fourth Monday of the month study sessions in the City Council Chambers, televise the study sessions, and have them replayed the following morning. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: None ABSENT: Robitaille, Winchell 235 Page 13 - Council/Agency Minutes - 05/18/94 ADJOURNMENT - COUNCIUREDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, May 23, 1994 at 5:30 p.m., Room B-8 and 6:30 p.m. in Council Chambers, Civic Center, Huntington Beach, California. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California. ATTEST: City Clerk/Clerk Mayor/Chairman 236