HomeMy WebLinkAboutUnbudgeted Expenditure - Downtown Hardscape High Pressure WaREQUEST FOR ACTION
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MEETING DATE: DEPARTMENT ID NUMBER: Jld_ i' 'DP 0
Council/Agency Meeting Held: 997 -
Deferred/Continued to:
MApproved ❑Conditionally An ro ed ❑ enied
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City C erk's Signature
Council Meeting Date: September 2, 1997
Department ID Number: P W 97-070
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MEMBERS OF CITY COUNCIL
SUBMITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR
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PREPARE LES M. JONES, II, DIRECTOR OF PUBLIC WORKS
SUBJECT: DOWNTOWN HARDSCAPE HIGH PRESSURE WATER EANING
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Downtown hardscape is filthy, unattractive and requires high pressure water cleaning with a
follow-up of sealant to prevent the hardscape from absorbing gum, surf wax and other
materials.
Funding Source:
Unencumbered General Fund balance.
Recommended Action:
Motion; approve appropriation of $4,195.00 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.
RCA.DOC -2- 08/26/97 6:08 PM
REQUEST FOR ACTION
MEETING DATE: DEPARTMENT ID NUMBER:
Alternative Action(s):
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.
Analysis:
Cleaning of sidewalks, brick pavers, curb/gutters, and other hardscape in the downtown area
is a high priority of the city council. After seven years and five reports on various alternatives
to accomplish the cleaning of the entire area hardscape from Pacific Coast Highway to
Acacia Street, the City Council Downtown Sub -Committee is recommending a reduced
scope of work in specific areas of the first two blocks of main street right-of-way as follows:
1. East and west sides of the northerly half of the first block
2. The interscection 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 two high pressure cleanings and one application of sealant is $4,195.00.
This project will be accomplished during the month of September. The sealing process
should last at least three 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. Should any business choose
not to do the work, the city will do the work and charge the Licensee as provided for the the
License Agreement.
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.
RCA.DOC -3- 08/26/97 6:06 PM
REQUEST FOR ACTION
MEETING DATE: DEPARTMENT ID NUMBER:
Environmental Status:
N/A
1) City Attorney's Opinion rls #96-738; steam cleaning and sealing of
public right-of-way
RCA.DOC -4- 08/26/97 6:06 PM
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To: LES JONES, Director of Public Works 1
From: GAIL HUTTON, City Attorney 9
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.
i mp/in/opin/ste a mcln/10/24196
�' • RLS # 96-738; STEAM 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
RCA ROUTING SHEET
INITIATING
DEPARTMENT:
Public Works Department
SUBJECT:
Budget Appropriation Revision
COUNCIL MEETING DATE:
September 2, 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
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey)
Not Applicable
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable) (City Attorney Opinion)
Attached
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
( )
( )
Assistant City Administrator (Initial)
( )
)
City Administrator (Initial)
( )
)
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM: