HomeMy WebLinkAbout1994-06-21 (8)MINUTES
CITY COUNCIUREDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, June 21, 1994
Mayor Moulton -Patterson called the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 6:40 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Mayor Moulton -Patterson.
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
PRESENT: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
ABSENT: Robitaille
Mayor Moulton -Patterson announced that the following agenda items are continued from the
June 20, 1994 regular meeting.
(City Council) CONTINUED FROM JUNE 20, 1994 - AMENDMENT TO BUSINESS LICENSE
ORDINANCE - PUBLIC MEETING JUNE 20, 1994 TO RECEIVE PUBLIC COMMENTS -
FORMAL PUBLIC HEARING TO BE HELD AUGUST 1, 1994 (640.10)
The Mayor announced that this is an Administrative Hearing and that the Government Code
requires the opportunity for public input on this date in addition to the formal public hearing
scheduled for August 1, 1994. The Administrative Hearing is to consider the following:
INFORMATION:
The proposed ordinance sets business license fees for the uses as follows:
Outdoor swap meets, indoor swap meets under one hundred thousand (100,000) feet of total
area and special events one dollar ($1) per day per booth collectable daily or monthly at the
payer's option. Special events would include such events as Pierfest, Street Fair, Farmers
Market, etc.
Indoor swap meets in excess of one hundred thousand (100,000) feet in area twelve thousand
dollars ($12,000) a month payable monthly in advance.
The estimated increase in revenue is $200,000 a year.
PW
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Page 2 - Council/Agency Minutes - 06/21/94
The City Treasurer presented a staff report. He distributed proposed Ordinance. No. 3241 for
Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 5.16 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO RATES
CHARGED TO BUSINESS BY ADDING SWAP MEETS, INDOOR SWAP MEETS, SPECIAL
EVENTS, SPECIFIC EVENTS AND CHARITABLE EVENTS."
Discussion was held by Council and staff regarding an Irrevocable Letter of Credit, change in land
use, sales tax revenue and the revocation process pertaining to the proposed swap meet at the
old Weiser Lock facility.
The Assistant City Administrator reported on the conditional use permit process as it pertains to
the proposed code amendment.
The Mayor stated that the recommended action is to allow public testimony pursuant to
Government Code Section 54954.6, subsection (a)(1), in addition to the scheduled public hearing
of August 1, 1994 and that no action is to be taken at this time.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
The Mayor asked if there was any one present to speak on the matter.
The City Clerk announced that there were no speakers.
(City Council) CONTINUED FROM JUNE 20, 1994 - RESOLUTION NO. 6605 - MANAGEMENT
AND REGULATION OF CONTRACT TOWING SERVICES AGENCIES -FOR POLICE
DEPARTMENT AGENCIES OPERATING WITHIN THE CITY - CONTINUED PER STAFF
REQUEST (530.30)
The City Administrator requested that this item be continued per staff request and Council
concurred.
CONSENT CALENDAR - ITEMS REMOVED
The following item was requested to be removed for discussion by: (Sullivan) Orange County
Bolsa Chica Linear Park property and water interest transfer deeds (Holly-Seacliff Development
Agreement No. 90-1), Down Payment Assistance Program, participant approval, Community
Development Block Grant funds, grant agreement with Huntington Beach Conference and Visitors
Bureau, Incorporated for three month period; (Bauer) professional services contract with United
Inspection and Testing Company for Peck Reservoir Renovation.
Page 3 - Council/Agency Minutes - 06/21/94
CONSENT CALENDAR - ITEMS APPROVED
On motion by Bauer, second by Silva, Council approved the following items, as recommended.
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
(City Council) CONTINUED FROM JUNE 20, 1994 - RESOLUTIONS NOS. 6601, 6602 AND
6603 - NOVEMBER 8, 1994 GENERAL MUNICIPAL ELECTION - ADOPTED (620.20)
Resolution No. 6601 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1994 FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY
CHARTER."
Resolution No. 6602 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 8, 1994, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE
SAME DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE."
Resolution No. 6603 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1994."
20, 1994 - NOTICE
COMPLETION - FLORIDA-YORKTOWN STREET IMPROVEMENTS - NASHAT DESIGN AND
CONSTRUCTION INCORPORATED - CC-873 - APPROVED (600.50) - Accepted improvements
completed by Nashat Design and Construction, Incorporated at a final cost of $236,072.08 for the
Florida -Yorktown Street Improvement Project and authorized the City Clerk to file a Notice of
Completion.
(City Council) CONTINUED FROM JUNE 20, 1994 - AGREEMENT - LIBRARY COMPUTER
SYSTEM - PURCHASE AND MAINTENANCE AGREEMENT - GEAC COMPUTERS,
INCORPORATED - WAIVER OF ERRORS AND OMISSIONS INSURANCE - DEFERRED FROM
JUNE 6, 1994 - APPROVED (600.10) - Approved and authorized the Mayor and City Clerk to
execute an Agreement between the city and Geac, Computers, Incorporated, for a Library
Automation System for the circulation of material, cataloging and public access catalog, and
waived the requirement for GEAC to provide errors and omissions insurance, approximately
$295, 249.
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Page 4 - Council/Agency Minutes - 06/21/94
(City Council) CONTINUED FROM JUNE 20, 1994 - EDISON COMMUNITY PARK SOFTBALL
LIGHTING FIXTURE REPLACEMENT - APPROVED (320.45) - Approved an amendment to the
current year budget by appropriating $55,000 for replacement'of light fixtures at Edison
Community Park softball fields.
(City Council) CONTINUED FROM JUNE 20, 1994 - REVIEW AND APPROVAL OF SIGN CODE
SUBCOMMITTEE LIST - APPOINTMENTS/REAPPOINTMENTS - APPROVED (120.25) -
Approved the list of proposed members to the Sign Code Council Committee as follows:
Huntington Beach City Council
Huntington Beach Planning Commission
Huntington Beach Chamber of Commerce
Huntington Beach/Fountain Valley Board of Realtors
Huntington Beach Tomorrow
Uptown Business Committee
*New appointments
Victor Leipzig, Jim Silva, Dave Sullivan
Ed Kerins, Gary Gorman, Phil Inglee
Dick Harlow*
Barry Bussiere*
Dominick Tomaino*
Della Chadwell*
(City Council) CONTINUED FROM JUNE 20, 1994 - BID AWARD - R. J. NOBLE COMPANY -
CC-784 - BEACH BOULEVARD SMART STREET AND PAVEMENT REHABILITATION FROM
ELLIS AVENUE TO INTERSTATE 405 FREEWAY - CC-784 - FEDERAL ID NO. STPLN-
5181 020 - APPROVED (600.50) - Approved the low bid submitted by R. J. Noble Company of
Orange, California; authorized the Mayor and City Clerk to execute the construction contract for
the Beach Boulevard Smart Street and pavement rehabilitation project in the amount of
$2,807,415.79; and authorized the Public Works Director to expend up to $3,368,898.95 to cover
the contract cost of $2,807,415.79, estimated construction change orders of up to $280,741.58,
and anticipated supplemental expenditures of up to $280,741.58 for the Beach Boulevard Project.
(City Council) CONTINUED FROM JUNE 20, 1994 - AMENDMENT TO WEST ORANGE
COUNTY WATER BOARD JOINT POWERS AGREEMENT - CHANGE OF FISCAL YEAR TO
OCTOBER 1 - APPROVED (600.40) - Approved the Amendment to the Joint Powers Agreement
between the Cities of Seal Beach, Westminster, Garden Grove and Huntington Beach to approve
a fiscal year change for the WOCWB from July 1 to October 1 and authorized the Mayor and City
Clerk to execute same on behalf of the city.
(City Council) CONTINUED FROM JUNE 20, 1994 - AMENDMENT NO. 2 TO PROFESSIONAL
SERVICES CONTRACT - MONTGOMERY WATSON AMERICAS. INCORPORATED -
CONSULTING ENGINEERS - CONSTRUCTION SERVICES FOR CENTRAL LIBRARY
EXPANSION PROJECT - APPROVED (600.10) - Approved and authorized execution of the
$48,960 Amendment No. 2 to Professional Services Contract between the city and Montgomery
Watson Americas, Incorporated, consulting engineers, for construction services regarding the
Central Library Expansion Project.
Page 5 - Council/Agency Minutes - 06/21/94
(City Council) CONTINUED FROM JUNE 20, 1994 - SOUTH BEACH RESTROOM NUMBER
ONE - CC-908 - REJECT ALL BIDS - RE -ADVERTISE FOR BIDS - APPROVED (600.80) -
Rejected all bids submitted, authorized the return of bid bonds, and authorized the Public Works
Department to re -advertise for bids.
(City Council) CONTINUED FROM JUNE 20, 1994 - RESOLUTION NO. 6606 - INCLUSION OF
CITY INTO A COUNTY -WIDE RECYCLING MARKET DEVELOPMENT ZONE PROGRAM -
ADOPTED (810.60) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING THE INCLUSION OF THE CITY INTO A COUNTRYWIDE
RECYCLING MARKET DEVELOPMENT ZONE PROGRAM."
(City Council) CONTINUED FROM JUNE 20, 1994 - MOBILE HOME REVIEW COMMITTEE
QUARTERLY REPORT - RECEIVED AND ACCEPTED REPORT (430.70) - Received and
accepted the Mobile Home Review Committee's Quarterly Report as complete.
(City Council) CONTINUED FROM JUNE 20, 1994 - ORANGE COUNTY BOLSA CHICA LINEAR
PARK PROPERTY AND WATER INTEREST TRANSFER DEEDS - HOLLY-SEACLIFF
DEVELOPMENT AGREEMENT NO. 90-1 - APPROVED (650.80)
The City Clerk presented a communication from the City Administrator regarding Linear Park
Property and Water Interests Transfer Deeds.
Councilmember Sullivan stated that he wanted to ask a question to see if he understands what is
happening regarding these deeds. He stated that the city is giving a quit claim deed of the water
rights to the Huntington Beach Company so if there is any problems with the water in that land, it
is their problem.
The Fire Chief stated that in order to eliminate any possibility of liabilities for the city or county we
are quit claiming back all water rights underneath the properties. There is a migration between
the Gas Plant and other properties adjacent and the Seacliff Partners, Huntington Beach
Company, are willing to accept the water rights back and then they will mitigate that on a regional
basis as they are dealing with the Gas Plant and other areas around it. It basically eliminates our
liability and then we transfer the property to the county which is the next action and then the land
for park development becomes a county responsibility and water decontamination remains with
the original property owner.
A motion was made by Sullivan, seconded by Silva, to (1) Approve the transfers by quitclaim
deed of water rights to Huntington Beach Company on parcels already transferred to the city.
(Two Quitclaim Deeds); (2) Approve the transfer by deed of certain parcels to Orange County as
per the Holly-Seacliff Development Agreement No. 90-1 (Corporatign Grant Deed); and (3)
Authorize Mayor and City Clerk's execution of the transfer deeds. The motion carried by the
following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille 9
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Page 6 - Council/Agency Minutes - 06/21/94
(City Council) CONTINUED FROM JUNE 20, 1994 - PROFESSIONAL SERVICES CONTRACT -
UNITED INSPECTION AND TESTING COMPANY - PECK RESERVOIR RENOVATION - CC-969
- APPROVED (600.10)
The City Clerk presented a communication from the City Administrator regarding the Peck
Reservoir Renovation; CC-696, Professional Materials Testing Services.
In response to Councilmember Bauers question regarding whether this project is on the list of
projects to be reviewed by the Water Task Force, Robert Eichblatt, City Engineer, responded that
it is not.
A motion was made by Bauer, seconded by Sullivan, to approve the selection of United
Inspection and Testing Company, to provide special materials testing services for CC-696;
authorize the Mayor and City Clerk to execute the Professional Services Contract between the
city and United Inspection and Testing Company to provide testing services for construction
materials at Peck Reservoir and Pump Station, in the amount not to exceed $35,334. The motion
carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
(City Council/Redevelopment Agency) CONTINUED FROM JUNE 20, 1994 - DOWN PAYMENT
ASSISTANCE PROGRAM - PARTICIPANT APPROVAL - COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS (CDBG) - BRISAS DEL MAR - APPROVED (340.70)
The City Clerk presented a combination from the City Administrator regarding the Down Payment
Assistance Program and participant approval.
Councilmember Bauer spoke in support of the recovery of grant funds to be recycled for future
use.
The Economic Development Director spoke in response to Councilmember Bauer's questions.
A motion was made by Bauer, seconded by Sullivan, to approve and incorporate 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,
hereinafter "Agreement'; authorize the Mayor/Chairman and City Clerk/Clerk to execute 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: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
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Page 7 - Council/Agency Minutes - 06/21/94
(City Council) CONTINUED FROM JUNE 20, 1994 - GRANT AGREEMENT - HUNTINGTON
BEACH CONFERENCE AND VISITORS BUREAU, INCORPORATED FOR THREE MONTH
PERIOD -APPROVED (600.10)
The City Clerk presented a communication from the City Administrator regarding approval of a
grant agreement with the Huntington Beach Conference and Visitors Bureau, Incorporated for a
three month period.
Councilmember Sullivan spoke regarding the three month budget.
The City Administrator responded that the grant agreement is to extend the budget to October 1
which is the city's new fiscal year end.
A motion was made by Sullivan, seconded by Leipzig, to approve the Grant Agreement between
the city and the Huntington Beach Conference and Visitors Bureau, Incorporated for public
relations services and to authorize city officials to execute the document and release funds of
$44,020. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
(City Council) CONTINUED FROM JUNE 20, 1994 - FOURTH OF JULY CELEBRATION -
PROVIDING FOR CITY OVERTIME - POLICE/PUBLIC WORKS/COMMUNITY SERVICES -
APPROVED (320.20)
The City Clerk presented a communication from the City Administrator regarding the need to
support the Fourth of July celebration by funding Police, Public Works, and Community Services
overtime.
The Community Services Director presented a staff report.
Considerable discussion was held by Council and staff regarding the desire to make the parade
self-supporting.
The City Administrator reported.
Rich Barnard, Deputy City Administrator, reported.
A motion was made by Silva, seconded by Leipzig, to direct the Director of Administrative
Services to reduce the 93/94 estimated General Fund revenue by $35,000 due to the inability of
the Fourth of July activities to support Police, Public Works and Community Services staff costs
for the City of Huntington Beach Annual Fourth of July Parade, Country Fair, and Fireworks
Show; and authorize a transfer of General Fund Reserve to cover the decrease in revenue. The
motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille 61
Page 8 - Council/Agency Minutes - 06/21/94
Motion to Direct Staff to Meet with Fourth of Julv Committee
A motion was made by Leipzig, seconded by Moulton -Patterson, to direct staff to develop a series
of meetings after the Fourth of July with Councilmembers and the Fourth of July Parade
Committee members to develop an analysis of Fourth of July events and to look at the
relationship between the Council and the Fourth of July Parade Committee. The motion carried
by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig,, Sullivan
NOES: None
ABSENT: Robitaille
Councilmember Silva suggested a study session between Council and the Fourth of July Parade
Committee members.
(City Council) DISCUSSION HELD REGARDING CONTINUANCE OF PAYMENT OPTIONS -
PERS UNFUNDED LIABILITY (700.50)
Discussion was held by the City Administrator, City Council and City Clerk regarding action taken
at the June 20, 1994 meeting regarding the payment options for PERS unfunded liability related
to salary conversions and it was concurred that the item had been acted on in entirety.
(City Council) CONTINUED FROM JUNE 20, 1994 - APPROVAL OF TWO AGREEMENTS -
DAVIS COMPANY AND DAVID GRIFFITH AND ASSOCIATES - OPERATIONAL ANALYSIS -
ADMINISTRATIVE SERVICES DEPARTMENT, PRIVATIZATION AND REGIONALIZATION
STUDIES - APPROVED (600.10)
The City Clerk presented a communication from the City Administrator regarding hiring a private
firm to evaluate opportunities to privatize and regionalize city services and conduct an operational
analysis of the Administrative Services Department.
The City Administrator presented a staff report on both agreements.
A motion was made by Sullivan, seconded by Leipzig, to:
1. Approve and authorize execution by the Mayor and City Clerk of the professional services
contract between the city and David M. Griffith and Associates, Limited. for conducting an
Operational Analysis and Privatization Study of the Administrative Services Department in the
amount of sixty-six thousand dollars ($66,00'0), and
2. Approve and authorize execution of the Professional Services Contract between the City and
the Davis Company for conducting a Regionalization' Study in the'amount of $50,750 to
perform an analysis of regionalization opportunities, and
3. Amend the current year budget to appropriate one hundred sixteen thousand seven hundred
fifty dollars ($116,750) to pay for the three consultant projects.
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Page 9 - Council/Agency Minutes - 06/21/94
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
(City Council) CONTINUED FROM JUNE 20, 1994 - HOME INVESTMENT PARTNERSHIP -
FUNDING REQUEST FOR ACQUISITION AND REHABILITATION OF 7812 BARTON DRIVE -
SHELTER FOR THE HOMELESS AFFORDABLE HOUSING AGREEMENT - APPROVED
(600.10)
The City Clerk presented a communication from the City Administrator requesting authorization to
enter into an Affordable Housing Agreement with Shelter for the Homeless for the acquisition and
rehabilitation of a four unit multi -family property in the Oakview neighborhood with HOME
Investment Partnership funds.
The Special Projects Director presented a staff report.
Grag Brown, Special Projects Development Specialist, presented a staff report using slides.
Discussion was held by Council and staff regarding enclosed car ports
Following discussion, the Special Projects Director stated the events which could be followed to
ensure Council's concerns are met prior to disbursements of funds.
A motion was made by Sullivan, seconded by Bauer, to approve an Affordable Housing
Agreement between the city and Shelter for the Homeless calling for the expenditure of no more
than $320,000 in HOME Investment Partnership funds, $267,000 for acquisition, $40,000 for
rehabilitation and $13,000 for unanticipated costs to assist the Shelter for the Homeless to
acquire and rehabilitate 7812 Barton Drive and approve and authorize execution by the Mayor
and City Clerk of the Regulatory Agreement, Attachment No. 4, to the affordable housing
agreement, between the city and Shelter for the Homeless concerning the acquisition and
rehabilitation of 7812 Barton Drive with HOME Investment Partnership funds. The motion carried
by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
Clarification of Action Taken on Monday, June 20, 1994 Regarding Single Family Residential
Fort -Five (45) Day Building Moratorium - Definition of Infill Lots - Pursuant to Urgency
Ordinance No. 3240 Adopted June 6, 1994
Discussion was held by Councilmember Leipzig and Joseph Barrons, Deputy City Attorney,
regarding the need to clarify an action that was taken at the meeting on Monday, June 20, 1994
regarding items of exemption.
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Page 10 - Council/Agency Minutes - 06/21/94
Motion to Reconsider Agenda Item Approved Monday, June 20, 1994 Regarding Single
Family Residential Forty -Five (45) Day Building Moratorium - Definition of Infill Lots -
Pursuant to Urgency Ordinance No. 3240 Adopted June 6, 1994 - Approved (640.10)
A motion was made by Leipzig, seconded by Sullivan, to reconsider the Single Family Residential
forty-five (45) day building moratorium and definition of infill lots approved Monday,
June 20, 1994. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
Motion to Direct that Four Items of Exemption be Conditioned by the Community
Development Director Utilizing Design Guidelines - Approved (640.10)
A motion was made by Leipzig, seconded by Winchell, that the four items of exemption that were
listed in the staff Request for Council Action report all be conditioned by the Community
Development Director utilizing the design guidelines she has prepared. The motion carried by the
following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
Exemptions - Single Family Residential Forty -Five (45) Day Building Moratorium
1. Homes consistent with the design guidelines which were put into effect June 1, 1994.
2. Homes that are less than twenty-five (25) feet in height.
3. Homes with are fifty (50) feet or more away from an existing single family home.
4. For custom homes which are designed as part of new subdivision of custom homes.
5. Homes which are built to the same zoning standards as adjacent homes. These homes would
still be reviewed to determine compliance with the design guidelines.
(City Council) CONTINUED FROM JUNE 20, 1994 - RESOLUTION NO. 6599 - ADOPTED -
THREE MONTH BUDGET AMENDMENT - FIFTEEN MONTH FISCAL YEAR - APPROVED
(320.20)
The City Clerk presented a communication from the City Administrator transmitting Resolution
No. 6599 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING THE BUDGET FOR THE CITY FOR FISCAL YEAR 1993/94."
Robert Franz, Deputy City Administrator, Administrative Services, presented a staff report using
64. slides.
Page 11 - Council/Agency Minutes - 06/21/94
A motion was made by Silva, seconded by Winchell, to adopt Resolution No. 6599 approving
appropriations for all funds in the amount of $44,323,458 for the period July 1, 1994 through
September 30, 1994. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
(City Council) CONTINUED FROM JUNE 20, 1994 - CREATION OF NEW DEPUTY CITY
ATTORNEY 1 POSITION - DEFERRED FROM JUNE 6, 1994 - DEFERRED TO JULY 5, 1994
(700.10)
The City Clerk presented a communication from the City Attorney regarding the need for a tort
defense attorney to assist the City Attorney's office and provide cost saving in-house tort (civil
and grievance actions) litigation defense of city cases.
The City Administrator requested that the creation of the new Deputy City Attorney 1 position be
deferred to July 5, 1994 in order for further information to be prepared.
(City Council) CONTINUED FROM JUNE 20, 1994 - WEST ORANGE COUNTY WATER BOARD
- 1994/95 PRELIMINARY BUDGET - STAFF DIRECTED TO REVIEW WOCWB BUDGET
(320.80)
The City Clerk presented a communication from the West Orange County Water Board, pursuant
to the Joint Powers agreement, requesting approval of the "Proposed Budget" which is required
annually prior to ratification by the Board.
The City Clerk announced a communication dated June 10, 1994 from the City of Westminster
regarding the WOCWB budget. (Westminster approved the budget on June 14, 1994.)
Jeff Renna, City Water Operations Manager, presented a staff report regarding the
recommendation that the WOCWB funding for the 1994/95 Budget come from available carry-
over funds and stated that the budget should be deferred to the Board for further analysis.
Maybrice Johnson, WOCWB Secretary, reported regarding the Amendment to the Joint Powers
Agreement changing the fiscal year from July 1 to October 1 which was approved.
Donald Smith, WOCWB Manager/Engineer, presented a staff report regarding the change in the
fiscal year from July 1 to October 1.
The City Administrator stated that a staff report vyould be prepared and furnished to the Board
members as well as the City Council members from the respective cities and then the board
would address changes that are appropriate in, the budget.
Page 12 - Council/Agency Minutes - 06/21/94
A motion was made by Bauer, seconded by Leipzig, to request that the city staff review the West
Orange County Water Board Budget using the last paragraph on the first page of the Request for
Council Action dated June 20, 1994 in such a form that is consistent with what the City of
Huntington Beach is trying to accomplish in terms of not having such a large carry-over and
transmitting that to the other member city councils with a request that they instruct their members
to review this and take appropriate action.
Last Paragraph Request for Council Action - West Orange County Water Board - First Page -
Dated June 20. 1994
As submitted, budgetary costs compared to last year are about 7% less. The Huntington Beach share
(52.5%) is approximately $242,000 of the total $461,450 budget. It will require Huntington Beach to
furnish its share as a deposit of $150,000 in July, 1994, and the remaining $92,000 in January, 1995.
Staff feels this is unrealistic in view of the fact that the WOCWB carries a current budgetary balance of
approximately $747,000. If this amount were carried over into the new fiscal year, the entire 1994-95
fiscal year budget could be funded with those monies and leave a $286,000 reserve. No funds would be
required to be placed into deposit with this option. The city's Water Fund budget could be reduced by
$150,000 in the current year and by $92,000 for fiscal year 1994-95. Both amounts would help the
current financial situations of the Water Fund significantly.
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
(City Council) CONTINUED FROM JUNE 20, 1994 - ORDINANCE NO. 3236 - ADOPTED -
ADDS TATTOO ESTABLISHMENTS TO LIST OF PERMITTED USES IN COMMUNITY
BUSINESS DISTRICT AND HIGHWAY COMMERCIAL DISTRICT ZONES (640.10)
The City Clerk presented Ordinance No. 3236 for Council adoption - "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING ARTICLES 908 AND 922 THEREOF TO ADD
TATTOO ESTABLISHMENTS TO THE LIST OF PERMITTED USES IN THE C-2 (COMMUNITY
BUSINESS DISTRICT) AND C-4 (HIGHWAY COMMERCIAL DISTRICT) ZONES." Public hearing
held and introduction approved on June 16, 1994, as amended.
Discussion was held by Council and the Community Development Director. The Community
Development Director clarified the current code enforcement proceeding and the issue as it
pertains to the Downtown Specific Plan.
A motion was made by Leipzig, seconded by Sullivan, to adopt Ordinance No. 3236 following a
second reading by title. The motion carried by the following roll call vote:
AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: Silva
s-s ABSENT: Robitaille
Page 13 - Council/Agency Minutes - 06/21/94
(City Council) CONTINUED FROM JUNE 20. 1994 - ORDINANCE NO. 3237 ADOPTED -
REGARDING TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS (640.10)
The City Clerk presented Ordinance No. 3237 for Council adoption - "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." Introduction approved May 18, 1G94.
A motion was made by Leipzig, seconded by Sullivan, to adopt Ordinance No. 3237. The motion
carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
(City Council) CONTINUED FROM JUNE 20, 1994 - ORDINANCE NO. 3238 - ADOPTED -
ESTABLISHES DEFINITION FOR POOL AND BILLIARD HALLS (640.10)
The City Clerk presented Ordinance No. 3238 for Council introduction - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.32 OF THE HUNTINGTON
BEACH MUNICIPAL CODE BY ADDING NEW SECTION 9.32.130 THERETO ESTABLISHING A
DEFINITION POOL AND BILLIARD HALLS." Introduction approved June 6, 1994.
A motion was made by Leipzig, seconded by Sullivan, to adopt Ordinance No. 3238 following a
second reading by title. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
Councilmember Sullivan - Apology to Staff and City Administrator
Councilmember Sullivan apologized to staff and the City Administrator for an erroneous comment
he made at the June 20, 1994 meeting regarding a letter he believed had not been included in
the Council agenda packet and stated upon further review it had previously been presented to
Council.
Wahoo's Taco - Status Report - Councilmember Sullivan
Councilmember Sullivan expressed opposition to the negative newspaper articles relative to the
Wahoo's Taco approval process and the perception that the city is unfriendly to business. He
stated that the city provides the parking structure at a cost of $17,000,000 which has a $600,000
per year debt service and costs each resident of the city three dollars ($3) per Year. � He stated
that the in -lieu parking fee and shared parking concept will reduce the parking requirements. He
stated that the Redevelopment Agency is paying half of the in -lieu fee for Wahoo's Taco.
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CONTINUED FROM JUNE 20, 1994 - RESOLUTION NO. 6607 - OPPOSITION TO HR3636, THE
NATIONAL COMMUNICATIONS COMPETITION AND INFORMATION INFRASTRUCTURE ACT
OF 1994 -ADOPTED AS AMENDED (120.70)
Councilmember Sullivan presented Resolution No. 6607 for Council adoption - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING HR3636, THE
NATIONAL COMMUNICATIONS COMPETITION AND INFORMATION INFRASTRUCTURE ACT
OF 1994."
Councilmember Sullivan presented a report regarding the negative effect of the proposed bill,
HR3636, on the ability of the city to levy a franchise tax and the effect it will have on local cable
television programming. He amended the wording in number one should state as follows: "That
the City of Huntington Beach opposes HR3636, Section 1, in its current form. This bill would
preempt cities and counties from requiring a franchise fee for a telephone company that enters
into cable TV service."
A motion was made by Sullivan, seconded by Bauer, to adopt Resolution No. 6607, as
amended. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille
Request Addition of Time Share Condominiums in the Permitted Uses for District 9 -
Waterfront Hilton - Downtown Specific Plan
Councilmember Leipzig stated he was contacted by representatives for the Waterfront Hilton
regarding the fact that the current Downtown Specific Plan for District 9 which includes the hotel
area does not permit time share condos. He stated that the Waterfront Hilton is requesting that
time share condos be included in the Permitted Uses for District 9.
The Community Development Director stated that time share condominiums was not a permitted
use in the Downtown Specific Plan. She stated that a meeting is scheduled with the Council
Committee to discuss this issue.
The City Administrator stated that the time share condo issue would be addressed at the
July 5, 1994 meeting.
Continued from June 20, 1994 Request State Legislation Establishing Health Standards and
a Certification Program for Tattooing and Body Piercing. Similar to that Required by
Cosmetologists - Deferred from June 6, 1994 - Requested Copy of Assembly Bill 3787 for
Council Review (640.40)
The City Clerk presented a communication from Councilmember Bauer regarding State
Legislation Establishing Health Standards and a Certification Program similar to that required by
Cosmetologists.
Page 15 - Council/Agency Minutes - 06/21/94
Councilmember Bauer requested that staff be directed to. prepare a letter to the state legislators
requesting that they review the practice of tattooing and body piercing and the health risks and
establish health standards and a certification program similar to that required by cosmetologists.
Councilmember Sullivan stated that one of the speakers at the June 20, 1994 meeting mentioned
Assembly Bill 3787 which deals with the application of standards that cosmetologist have.
Councilmember Bauer requested a copy of Assembly Bill 3787 for Council to review prior to
directing staff to prepare a letter to the state legislation requesting a review the practice of
tattooing, body piercing, and the health risks.
Support Expressed for Literacy Volunteers of America and Project Self -Sufficiency -
Request Staff to Develop a Strategy to Insure Federal and State Support and Report Back to
Council
Councilmember Bauer expressed support for the Literacy Volunteers of American and Project
Self -Sufficiency programs and requested to meet with staff to develop a strategy for Council
approval to make the state and federal governments aware that these programs are working and
to 'recommend continued support of the programs instead of starting new programs remove
people from public assistance.
On -Site Visitation of Swap Meet Facility Proposed - Staff Directed to Investigate Expense
Councilmember Silva spoke regarding the proposed swap meet scheduled for the July 5, 1994
meeting and suggested sending one or two Councilmembers to do an on -site visitation of a facility
operated by this company to find out how it is working and its effect on local businesses and
industrial area.
Discussion was held by Council and staff regarding the location of the facilities, council travel
budget cuts, other methods for obtaining information such as a conference call and criteria for
evaluation of the operation. Staff was directed to investigate the expense of such an on -site
visitation.
Planning Commission Request for Joint Meeting - Invitation to Attend Council Meetings
Mayor Moulton -Patterson spoke regarding a letter was received from Planning Commission
Chairperson, Shirley Dettloff, which suggested that a representative of the Planning Commission
attend Council meetings on controversial issues in the event questions arise, to consider involving
Planning Commissioners on Council Committees and seek advice from Commissioners regarding
public comments at their meetings and to schedule a joint session of the City Council and
Planning Commission to discuss issues and how each body can assist the other for better
decision making. ,
Councilmember Leipzig suggested that the Mayor write a letter to the Planning Commission
requesting a representative of the Planning Commission to attend the City Council meetings to
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Mayor Moulton -Patterson stated that she would write a letter to the Planning Commission.
ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY
Mayor Moulton -Patterson adjourned the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Saturday, June 25, 1994 at 9:00 a.m.,
to hold a Community Forum at Harbour View Clubhouse, 16600 Saybrook Lane, Huntington
Beach, California.
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
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