HomeMy WebLinkAboutDowntown Hardscape - Sidewalks - High Pressure Water Cleanin F, cam- P w
.t:ITY OF HUNTINGTON BEAC*W- 01+1
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MEETING DATE: December 15, 1997 DEPARTMENT ID NUMBER:
Council/Agency Meeting Held: '.?, is
Deferred/Continued to:
®'Approved ❑ Conditionally Approved ❑ Denied pt� City Clerk4S Signature
Council Meeting Date: December 15, 1997 1 Department ID Number:
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: . RAY SILVER, Acting City Administrator147W
PREPARED BY: yLes M. Jones II, Director of Public Works
N'1
SUBJECT: Approve Downtown Hardscape High Pressure er Cleaning
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s
Statement of Issue:
Specific areas of downtown hardscape have received a one time high pressure water
cleaning with a follow-up of sealant to prevent the hardscape from absorbing gum, surf wax
and other materials. There is a need to continue cleaning the areas to provide an
acceptable appearance for the business community and visitors that come to the downtown
area.
Funding Source:
Unencumbered General Fund balance.
Recommended Action:
Motion to approve appropriation of $17,000 from the unencumbered general fund balance to
account E-AA-PW-541-3-90-00 contractual services, to clean and seal certain downtown
hardscape areas.
Alternative Action: E
Do not approve the appropriation of funds from the unencumbered general fund balance
and continue to a future date, the cleaning of hardscape in the areas identified.
0029216.01 -2- 12/05/97 4:42 PM
kEQUEST FOR COUNCIL ACTION
MEETING DATE: December 15, 1997 DEPARTMENT ID NUMBER:
Analysis:
The City Council Downtown Committee recommends to the City Council that the City
continue cleaning the specific areas noted below once per month for May, June, July,
August, and September. Total cleaning incidence would be 15 times and cost approximately
$17,000.
The specific areas to be cleaned are as follows:
1. East and west sides of the northerly half of the first block;
2. The intersection of Walnut and Main Street;
3. The intersection of Olive and Main Street;
4. The Plaza walk-thru from Main Street to Fifth Street;
5. The Post Office area.
To accomplish the cleaning will require City Council action to approve an appropriation of
$17,000 from the unencumbered fund balance to Account E-AA-PW-541-3-90-00,
Contractual Services or to increase the repayment of debt from the Redevelopment Agency
to the City General Fund by $17,000 for Fiscal Years 97/98 and place the funds in Account
E-AA-P W-541-3-90-00.
Public Works will be sending letters to the businesses on Main Street, second block, that
have outdoor dining permits, directing them to high pressure water clean their business
frontage as provided in their license agreements. The letter will recommend the businesses
contract with the city contractor for least cost and coordination of effort. Should any
business choose not to do the work, the city will do the work and charge the Licensee as
provided for in the License Agreement.
Attached is the City Attorney Opinion regarding the city's ability to charge the property
owner or business, who does not have a license agreement, for any work the city may
accomplish in the public right-of-way.
Environmental Status:
N/A
0029216.01 -3- 12/05/97 4:42 PM
kEQUEST FOR COUNCIL ACTIUN
MEETING DATE: December 15, 1997 DEPARTMENT ID NUMBER:
Attachment(s): List attachment(s) below.
City Clerk's
Page Number No. Description
Start Numbering 1. Location Map
2. License Agreement
3. City Attorney's Opinion #96-738
4. Financial Impact Statement
5. Memo to Downtown Committee dated Nov. 18, 1997
6. 1 Downtown Committee Minutes
RCA Author: D. Smith
0029216.01 -4- 12/05/97 4:42 PM
ATTACHMENT 1
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Pacific Coast Highway _ —
ATTACHMENT 2
LICENSE AGREEMENT
FOR ENCROACHMENT INTO THE
PUBLIC RIGHT OF WAY
FOR OUTDOOR DINING PURPOSES
•
J�
HUNTINGTON BEACH
J
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHNIENT INTO THE PUBLIC RIGHT OF WAY
Table of Contents
1 Permission.............................................................................................................1
2 Term; Fees and Charges........................................................................................l
3. Indemnification, Defense, Hold Harmless ..............................................................2
4 Workers' Compensation Insurance.........................................................................2
5 Insurance...............................................................................................................2
6 Certificates of Insurance; Additional Insured Endorsement .............:......................3
7 Release.................................................................................................................4
8 Waste
...................4
9 Maintenance......................................................................................................................4
10 Control of Equipment; Animals ..............................................................................5
I Independent.Contractor......................................................................................I......5
12 No Assignment...........................
13 No Title Interest...................................................................................................6
14 Notices.................................................................................................................6
15 No Discrimination................................................................................................6
16 Attorney Fees.......................................................................................................7
17 Entirety................................................................................................................7
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LICENSEAGREENIENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
This agreement is made and entered into on this day of , 199� by
and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY," and ,
hereinafter referred to as "LICENSEE."
WHEREAS, LICENSEE has applied to CITY for permission to encroach into the public
right of way adjoining LICENSEE'S property, for the purpose of seating additional restaurant
patrons therein; and
CITY desires to allow such encroachment; and
The parties wish to enter into an agreement defining their respective rights and
responsibilities concerning said encroachment,
NOW,:THEREFORE, in consideration of.the promises.and:agreements;hereinafter made
and exchanged, the.parties covenant.and agree.asfollows:
1. PERMISSION
Permission is hereby given to LICENSEE to enter upon and use the public right of
way as depicted in the map attached hereto as Exhibit "A" (hereinafter referred to as the"Public
Right of Way") for the purpose of providing additional, temporary seating and tables for
LICENSEE'S restaurant patrons. LICENSEE agrees to remove and replace such seating and
tables each day, so that the seating and tables will not be stored or kept in the Public Right of
Way overnight. This License is non-exclusive, and the Public Right of Way shall at all times
remain open for use by the public.
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2. TERIM, FEES AND CHARGES
The term of this License is one year. This License maybe canceled on.10 days
written notice from CITY to LICENSEE. In consideration of this License; LICENSEE agrees to
pay to CITY an application fee, a use charge, and an inspection fee in the following amounts:
a) Application Fee: Thirty Dollars ($30.00) one time fee.
b) Use Charge: One Cent ($0.01) per square foot of public right of way
encroached upon, for a total use charge of ($ ) per year.
c) Inspection Fee: Three Hundred Dollars ($300.00) per year.
3. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
LICENSEE hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs
and demands, however caused, including those resulting from death or injury to LICENSEE'S
employees-and::damage.to.LICENSEE'S,pro.perty,roari sing;dire ctly,on indirectly out•:of.the.grant of
License,herein..contained; including those arisingfrom,the,passive concurrent negligence of.CITY,
-.but save:and except.those which arise-out ofthe active,concurrent;negligencessole_negligence, or
the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and
expense.
4. WORKERS' COMPENSATION INSURANCE
Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges
awareness of Section 3700 et seq. of said code, which requires every employer to be insured
against liability for workers' compensation; LICENSEE covenants that it will comply with all such
laws and provisions prior to the encroachment into the Public Right of Way pursuant to this
license.
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LICENSEE shall maintain such Workers' Compensation Insurance in an amount of
not less than One Hundred Thousand Dollars (S100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars (S 100,000) bodily injury by disease, each employee,
and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all
times,incident hereto, in forms and underwritten by insurance companies satisfactory to CITY.
5. INSURANCE
LICENSEE shall carry at all times incident hereto, on all activities to be performed
in the Public Right of Way as contemplated herein, general liability insurance, including coverage
for bodily injury, and property damage. All insurance shall be underwritten by insurance
companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents
and employees and all public agencies as determined by the CITY as Additional Insureds.
LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during
Ahe:life.of this Agreement,.in.an:amount:of not-less_than..One-NEllion:Dollars (S1,.0.00,000)
-comb ined.,single limit coverage.: If:coverage.is.provided:.under.:a.form,.which.-includes.a,designated
general aggregate limit,�such.limit,shall be not less.than.One N1i11ion.Dollars,($.1,00.0,000). In.the
event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion
of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY and
agrees to provide certificates evidencing the same.
6. CERTIFICATES OF INSURANCE,• ADDITIONAL INSURED
ENDORSEMENT
Prior to the encroachment into the Public Right of Way pursuant to this license,
LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City
Attorney evidencing the foregoing insurance coverages as required by this Agreement- said
certificates shall provide the name and policy number of each carrier and policy, and shall state
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that the policy is currently in force and shall promise to provide that such policies will not be
canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until this Agreement is terminated.
The requirement for carrying the foregoing insurance shall not derogate from the
provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all said policies
of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to the encroachment into the Public Right of
Way pursuant to this License.
7. RELEASE
LICENSEE hereby releases and forever discharges CITY of and from any and all
claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may
hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE
onto the Public Right of Way. This is a complete and final release and shall be binding upon
LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use
of the Public Right of Way. LICENSEE hereby expressly waives any rights under or benefit of
any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this
release nor any payment made hereunder shall constitute any admission of any liability of CITY.
8. WASTE
LICENSEE shall not alter, damage or commit any kind of waste upon the Public
Right of Way or any improvement, equipment or personal property thereon and shall not interfere
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in any manner with the operations or activities of CITY. LICENSEE shall make no change in the
use of the Public Right of Way nor shall the design of the Public Right of Way be changed other
than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any
workmen's or materialmen's liens to be placed upon the Public Right of Way and agrees to
indemnify and hold CITY harmless against any such liens including but not limited to the payment
of attorneys' fees.
9. MAINTENANCE
LICENSEE agrees to care for and maintain the Public Right of Way in good and
satisfactory condition as acceptable to the City. Maintenance shall be daily cleaning of the Public
Right of Way including but not limited to removal of all rubbish, food stuffs, paper, bottles, cans,
gum, cigarettes, animal litter, dirt and sand. At the end of each business day, any and all furniture,
fixtures or other items, permitted and used in the operation of the business shall be removed from
the Public Right of Way. Such items shall not be returned to the Public Right of Way until the
beginning of the-next business day. Steam cleaning or high pressure water cleaning of the Public
Right of Way, including the sidewalk, curb and gutter shall be accomplished as needed or as
directed by the CITY.
In the event LICENSEE does not maintain the Public Right of Way in a
satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S
behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to
the LICENSEE. LICENSEE agrees to pay such costs within ten (10) days of billing.
In the event any damage is caused to the Public Right of Way, including any
damage to the brick pavers, hardscape, sidewalks, curb, planters, bollards, landscape, irrigation
include but not be limited to system, street light, street or other utilities improvements, as a result
of the encroachment authorized hereunder, LICENSEE agrees to repair same at its own expense.
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In the event LICENSEE does not comply with all conditions of approval required
by the Conditional Use Permit and relevant Downtown Specific Plan and Downtown Guidelines,
Huntington Beach Municipal Code Section 7.12.05 and other applicable Huntington Beach
Municipal Code Sections, as determined by the Community Development Director, the License
may be canceled on 10 days written notice from CITY to LICENSEE.
10. CONTROL OF EQUIPMENT; ANT LALS
LICENSEE shall keep any equipment used or brought onto the Public Right of
Way under its absolute and complete control at all times and said equipment shall be used on the
Public Right of Way at the sole risk of LICENSEE. LICENSEE shall bring no animals, with the
exception of seeing eye dogs, onto the Public Right of Way .
11. INDEPENDENT CONTRACTOR
LICENSEE agrees that all work done or undertaken by it on the Public Right of
Way shall be for-its sole account and not as an agent, servant or contractor for CITY.
LICENSEE agrees to indemnify and hold CITY and the Public Right of Way harmless from and
against all claims or liens of workmen and materialmen.
12. NO ASSIGNMENT
LICENSEE agrees that the permission herein extended shall be personal to it and
that it shall not assign or permit any third party to avail itself of any of the privileges granted
hereunder, without the express written permission of CITY.
13. NO TITLE INTEREST
No title interest of any kind is hereby given and LICENSEE shall never assert any
claim or title to the Public Right of Way.
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14. NOTICES
All notices given hereunder shall be effective when personally delivered or if
mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and
certified with return receipt requested and addressed to LICENSEE or to CITY at the respective
addresses shown below:
CITY: LICENSEE:
Mr. Les Jones
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15. NO DISCRMINATION
LICENSEE agrees that in performance of this Agreement and in the use of the
Public Right of Way authorized hereunder, it will not engage in, nor permit its officers, agents or
employees to engage in, any discrimination or discriminatory practices against any person based
on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition,
marital status or gender.
16. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
The prevailing party shall not be entitled to recover its attorney's fees.
REST OF PAGE INTENTIONALLY LEFT BLANK
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16. ENTIRETY
This Agreement contains the entire agreement between the parties. This
Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
LICENSEE: CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
ITS: (circle one)Chairman/PresidentfVice President
Director of Public Work
By:
APPROVED AS TO FORM:
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary-Treasurer
�,23-,,City Attorney
REVIEWED AND APPROVED:
City Administrator
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ATTACHMENT 3
J� CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTIVCTON BEACH
To: LES JONES, Director of Public Workse 1
From: GAIL HUTTON, City Attorney d�
Date: October 24, 1996
Subject: RLS # 96-738; STEAM CLEANING AND SEALING OF PUBLIC
RIGHT-OF-WAYS
INDEX: Public PropeM and Public Works/Streets and Easements
ISSUE #1: Can the City of Huntington Beach steam clean and seal
public right-of-way hardscape improvements and require the
owners of property fronting or siding on the right-of-way to
pay for the cleaning?
ANSWER #1: Yes, the City of Huntington Beach may steam clean and
seal public right-of-way hardscape improvements and
require the owners of property fronting or siding on the right-
of-way to pay for the cleaning.
ISSUE #2: If yes, what municipal code section, Streets & Highway Code
section or other legislative action allows for the City of
Huntington Beach to charge the property owner to pay for
the work?
ANSWER #2: California Streets & Highways Code Section 5,000 et seq.
permits the creation of an assessment district to assess the
costs to those property owners benefiting from the
improvement.
ANALYSIS #2: Although the assessment district is an available alternative,
please note that the approval of Proposition 218, Voter
Approval for Local Government Taxes, Limitations on Fees,
Assessments, and Charges, will add a requirement of a vote
of the people in addition to the procedures set forth by the
Streets & Highways Code Section 5,000, et seq.
jmpin/opin/sie amdn/10/24196
J, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
RISK MANAGEMENT DIVISION
September 1, 1995
TO: Encroachment Permit Applicants and Providers of Contractual Services to the City.
***PLEASE GIVE THESE REQUIREMENTS TO YOUR INSURANCE AGENT***
City Council resolution 6277 requires a certificate of General Liability insurance before you can
get a permit to do work on city property or before you can provide contractual services to the
city.
CHECKLIST:
1. All certificates must contain a mandatory 30 day cancellation notice. Be sure that the
words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of
anylind upon the company, its agents or representatives" have been removed or lined-out if they
appear on the certificate.
2. At least $1 000 000 combined single limit coverage is required.
3. Insurance must be "per occurrence." "Claims made" is only acceptable for professional
or pollution liability insurance.
4. The City of Huntington Beach must be named as certificate holder.
5. The certificate must name the City of Huntington Beach, its agents,
officers, and employees as additional insured on an endorsement that is a separate attachment to
the certificate. The wording must be exact.
Call Dennis Coulter (714) 536-5234 for any questions.
RLS# 96-738: STEAM —ANING AND SEALING OF PUBLIC RIG'," OF-WAYS: 10/24/96Page 2
CONCLUSION: There are no provisions in the Huntington Beach Municipal
Code to allow the passing of costs to the property owners for
the steam cleaning and sealing. As a charter city, the city
could establish an assessment district procedure
independent of the Streets & Highways Code procedure;
however, Proposition 21,8 would have the same effect.
Once the costs for the improvement have been established,
the procedure for the assessment district can be
established.
GAIL HUTTON =
City Attorney
J� CITY OF HUNTINGTON BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
HUWINGTON BEACH OUTDOOR DINING PERMIT
Date
Address Suite No.
Business Name Business Type Tel.
BUTLDING OWNER BUSINESS OWNER/MANAGER
Name Name
Address Home Address
City Tel. City Tel.
Conditional Use Permit No.: Approval Date:
Coastal Development Permit No.: Approval Date:
License Agreement I.D.No.: Approval Date: Exp. Date:
Outdoor Dining Permit Valid From: To:
Approved Square Footage For The Outdoor Dining Area:
Maximum Number Of Tables And Chairs Permitted:
Occupant Load Of Outdoor Dining Area:
All Conditions OjApproval Shall Be Kept On The Premises And Shall Be Made Available For Review By Any Authorized City Official Upon Request.
This Outdoor Dining Permit SHALL BE posted in a conspicuous place on the premises and shall not be removed except by the Director of Community Development or his/her
representative.
By: Date:
Zoning Administrator
White Applicant Canary Planning Division
Blue Public Works Dept. Pink Fire Prevention
Green Building Division Goldenrod Code Enforcement
ATTACHMENT 411
� CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, Acting City Administrator
From: Robert J. Franz, Deputy City Administrator
Subject: FIS 98-12 - Downtown Hardscape High Pressure Water
Cleaning
Date: December 2, 1997
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for Downtown Hardscape High Pressure Water Cleaning.
If the City Council approves this request (total appropriation $17,000)
the estimated unappro hated, undesignated General Fund balance
at Se er 30, will be reduced to 1911.
Robert J. r z,
Deputy City Administrat
fis9812
Adopted Current
Fund Balance-General Fund Budget Estimate
Beginning Fund Balance 10/1/97 (Est) $5,100,000 $6,852,026
Less Approved One-Time Costs (85,910)
Less: Pending Budget Amendments (951,205)
Less FIS 98-12 (17,000)
Estimated 9/30/98 Balance $5,100,000 $5,797,911
Estimated General Fund Balance at September 30, 1998
$6,000,000
li
$5,500,000
y
� $5,000,000
l
$4,500,000 $5,797,911
$4,000,000
$5,100,000
$3,500,000
$3,000,000
ADOPTED BUDGET CURRENT ESTIMATE
Page 1
ATTACHMENT 5
[1CITY
OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
MEMORANDUM
TO: City Council Downtown Committee
Council Members, Shirley Dettloff(Chair), Dave Garofalo and
Pam Julien
VIA: Les M. Jones, II, Director of Public Works n
FROM: Daryl D. Smith, Superintendent of Park, Tree & Landscape Division (�
DATE: November 18, 1997
SUBJECT:
Per the Committee request, I am returning to the Committee for review and
consideration of the proposal to high pressure water clean the hardscape in specific
areas of main Street as accomplished during September of this year.
The proposal is to clean the specific areas once per month for December, January,
February, March and April and twice per month for May, June, July, August, and
September. Total cleaning incidence would be fifteen (15) times and a cost of
approximately seventeen thousand dollars ($17,000.00).
The specific areas to be cleaned are as found below:
1. East and west sides of the northerly half of the first block
2. The intersection of Walnut and Main Street
3. The intersection of Olive and Main Street
4. The Plaza Walk thru from Main Street to Fifth Street
5. The Post Office area.
To accomplish the above proposal will require the Committee to request City Council
action to approve appropriation of$17,000.00 from the unencumbered fund balance to
Account E-AA-PW-541-3-90-00, Contractual Services or to increase the repayment of
debt from the Redevelopment Agency to the City General Fund by $17,000.00 for Fiscal
Years 1997/98and place the funds in Account E-AA-PW-541-3-90-00.
I will be at the Committee meeting on November 21, 1997 to answer any questions that
may arise regarding this issue.
DDS:ss
cc: Ray Silver, Acting city Administrator
ATTACHMENT 6
MEETING NOTES
CITY COUNCIL DOWNTOWN COMMITTEE
November 21, 1997, 8:30 AM
City Mall, Room B-8
In Attendance:
Council Members: Shirley Dettloff- Chair, Dave Garofalo,Pam Julien(absent)
Staff: Herb Fauland,Jon Arnold,Tony Sollecito, Daryl Smith,
Ron Hagan, Jim Lamb
Public: Steve Daniel, Bob Bolen, Julie Gnadt, Joyce Riddell
Ron Davis, Marie St. Germain
Item 1: Public Comments-None
Item 2: Maintenance Issues-Daryl Smith, Parks, Trees and Landscape
Superintendent,presented a report on a proposal to high pressure water clean
the sidewalks and hardscape in specific areas of Main Street. The proposal is
to clean the hardscape once a month during the winter months and twice a
month during the summers months. The hardscape would be cleaned a total of
fifteen times at a cost of$17,000.00. Mr. Smith indicated to the committee that
letters were mailed to property owners in the second block with each License
Agreement requesting their participation in the program.
Chairperson Dettloff, queried the group as to their opinion of the results of the
recent(one time)cleaning of the hardscape. The overall response from those
present was that there was a dramatic improvement to the look of the
sidewalks.
A motion was made by Garofalo and second by Dettloff to:
1) Recommend that the City Council appropriate$17,000 to pressure clean
identified areas of Main Street fifteen times during the balance of the fiscal
year.
2) Direct staff to prepare a RCA for the $17,000 appropriation from the
unencumbered fund balance or repayment of debt from the Redevelopment
Agency and to attach the downtown sales tax revenues from 1989 through
1997 as back up.
3) Direct staff to return to the Committee in January with a copy of a License
Agreement for their review and report on fees owners may be charging
tenants.
There was no opposition to the motion. Motion passed.
-1-
DOWNTOWN AREA BUSINESS
SALES TAX TOTALS
FISCAL YEAR PAYMENT TOTALS % INCREASE
1989/1990 131,237 Base
1990/1991 162,094 24%
1991/1992 212,262 62%
1992/1993 2299480 75%
1993/1994 2752212 110%
1994/1995 2992985 129%
1995/1996 3119652 137%
1996/1997 3280647 150%
Note: Downtown Area includes the following business
addresses:
Pacific Coast Highway, 102-698, even numbers only;
Main Street, 101-816;
2nd Street; 3rd Street; 5th Street; 6th Street;
Lake Street; and Olive, Orange, & Walnut Avenues.
COVER PAGE
REQUEST FOR LATE SUBMITTAL
(To accompany RCA)
Department: L � Lao',62LCpio.j
Council Meeting Date: %J '" q7 Date of This Request:
REASON (Why is this RCA being submitted late?):
EXPLANATION is this RCA n.ecessqry to ffiis agenda?):
�LA 'LL Lf 0*
CONSEQUENC S How shall delay of this RCA adversely impact the City?):,
e: 0,Approved O Denied O Approved O Denied
Initials
Required
Dep rt nt Head Ass . City Administrator City Administrator
REQLATE.DOC n7/1d/qd
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve Downtown Hardscape High Pressure Water
Cleaning
COUNCIL MEETING DATE: December 15, 1997
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Attached
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Attached
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR ED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
SpaceOnly)
RCA Author:
t
f _
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
MEMORANDUM RECEIVED FROM
AND MADE A PART OF TH�RD ICOUNCIL MEETING OFOFFICE OF THE
CONNIE BROCKWAY,CITY CLERK
TO: Honorable Mayor and Members of City Council
FROM: Mayor Pro Tempore, Shirley Dettloff
DATE: August 18, 1997
SUBJECT: Down Town Hardscape Cleaning
There are three (3) major developments which now clean hardscape as required by
License Agreement as follows:
1) Pier Colony
2) Jack Surfboards
3) City Parking Structure
In answer to Mayor Bauer's request to provide cleaning of the hardscape in certain
areas of Main Street in down town, please find a suggested proposal below.
Direct staff to provide additional funds to an existing purchase order to accomplish an
interim high pressure water cleaning of the listed public right-of-way areas:
1. East and west sides of the northerly half of the first block
2. The intersection of Walnut and Main Street
3. The intersection of Olive and Main Street
4. The Plaza Walk Thru from Main Street to Fifth Street
5. Post Office Area
The cost to provide one time cleaning: $1,110.00
The cost to provide one time sealing $1,975.00
TOTAL (one time) $3,085.00
Should the City Council wish to continue cleaning these areas as required, every other
week until the 1997/98 FYB is adopted, the additional funds required will be $1,110.00,
assuming the first cleaning occurs on September 1, 1997 for a total cost of$4,195.00.
r _
Additionally, should the city Council wish to provide cleaning of the five (5) areas listed
above for fiscal year 1997/98, they should direct staff to budget $18,000.00 in the
contractual account number E-AA-PW-541-3-90-00.
The sealing of the hardscape should last from 3 to 5 years.
Public Works will be sending letters to the businesses on Main Street, second block,
that have outdoor dining permits, directing them to high pressure water clean their
business frontage as provided in their license agreements. The letter will recommend
the businesses contract with the city contractor for least cost and coordination.
I have attached the city attorney opinion regarding the city's ability to charge the
property owner or business, who does not have a license agreement, for any work the
city may accomplish in the public right-of-way.
DDS:ss
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNIN CTON BEACH
To: LES JONES, Director of Public Works
From: GAIL HUTTON, City Attorney
Date: October 24, 1996
Subject: RLS # 96-738; STEAM CLEANING AND SEALING OF PUBLIC
RIGHT-OF-WAYS
INDEX: Public Property and Public Works/Streets and Easements
ISSUE #1: Can the City of Huntington Beach steam clean and seal
public right-of-way hardscape improvements and require the
owners of property fronting or siding on the right-of-way to
pay for the cleaning?
ANSWER #1: Yes, the City of Huntington Beach may steam clean and
seal public right-of-way hardscape improvements and
require the owners of property fronting or siding on the right-
of-way to pay for the cleaning.
ISSUE #2: If yes, what municipal code section, Streets & Highway Code
section or other legislative action allows for the City of
Huntington Beach to charge the property owner to pay for
the work?
ANSWER#2: California Streets & Highways Code Section 5,000 et seq.
permits the creation of an assessment district to assess the
costs to those property owners benefiting from the
improvement.
ANALYSIS #2: Although the assessment district is an available alternative,
please note that the approval of Proposition 218, Voter
Approval for Local Government Taxes, Limitations on Fees,
Assessments, and Charges, will add a requirement of a vote
of the people in addition to the procedures set forth by the
Streets & Highways Code Section 5,000, et seq.
jmpinlopin/ste amcln/10124/96
l`
' �.. RLS#96-738; STEM, ,CLEANING AND SEALING OF PUBLIC RIGHT-OF-WAYS 10/24/96Page 2
CONCLUSION: There are no provisions in the Huntington Beach Municipal
Code to allow the passing of costs to the property owners for
the steam cleaning and sealing. As a charter city, the city
could establish an assessment district procedure
independent of the Streets & Highways Code procedure;
however, Proposition 218 would have the same effect.
Once the costs for the improvement have been established,
the procedure for the assessment district can be
established.
GAIL HUTTON
City Attorney