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HomeMy WebLinkAbout1987-02-02MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, February 2, 1987 Mayor/Chairman Kelly called the Special Meeting of the City Council/Redevelop� meat Agency of the City of Huntington Beach to order at 6 p.m. ROLL CALL Present: Winchell,. Mays, Finley, Kelly, Erskine, Green, Bannister Absent: bone The City Clerk was.directed to read the Call for Special Meeting. CALL FOR SPECIAL MEETING OF CITY COUNCIL/REDEVELDPMSHT AGENCY Jack Kelly, Mayor/Chairman John Erskine, Mayor Pro Tem/Director Grace Winchell, Councilwoman/Director Ruth Finley, Councilwoman/Director Tom Mays, Councilman/Director Peter Green, Councilwoman/Director Wes Bannister, Councilman/Director You are hereby notified that a Special Meeting of the City Council/Redevelop, meat Agency of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 6 p.m: on February 2, 1987 for the purpose of calling a closed session to. discuss litigation matters. Dated: January 26, 1987 /s/ Jack Kell ATTEST: Mayor Chairman ALICIA M. WENTWORTH, CITY CLERIC /s/ Alicia M. Wentworth City Clerk Clerk I hereby certify that I received the .above notice, "Call for Special Meeting of the City'Council", prior to 6 p.m. on Sunday, February 1, 1987. /a/ Jack Kell Mayor Chairman t Page 2 Council Minutes - 2/2/87 CLOSED SESSION The Mayor/Chairman called a closed session of Council to order at 6:05 p.m. pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Thomas Clarence Marion vs City of Huntington Beach, Orange County Superior Court Case No. 36-38-32. The Mayor/Chairman called a closed session of the Redevelopment Agency to order at 6:05 p.m. pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations with Patrick Love and Merle Cade concerning the purchase of real properties at 414 and 418 Orange Street. RECESS - RECONVENE The Mayor/Chairman called a recess of Council/Agency at 6:05 p.m. The meet- ings were reconvened at 6:55 p.m. APPROVED AUTHORIZATION TO TENDER SELF -INSURED RETENTION - THOMAS CI.AR.ENCE NA QN VS CITY OF HUNTINGTON BEACH - 0 C SUPERIOR COURT CASE36-38-32 A motion was made by Kelly, seconded by Finley, for authorization of the City to tender it's self -insured retention in the Thomas Clarence Marion vs the City of Huntington Beach Orange County Superior Court Case No. 36-38-32. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None ADJOLVIO iT The Mayor/Chairman declared the Special Meeting of the City Council/Redevelop- ment Agency of the City of Huntington Beach adjourned., Clerk of the Redevelopment Agency and _City Clerk and ex-officio Clerk of the City Council of the City of Hunti ton Beach, California ATTEST: City Clerk Clerk M rman 49 Corrected MINUTES Council. Chamber, City Hall Huntington Beach, California Monday, February 2, 1987 A tape recording of this meeting is on file in the City Clerk's Office Mayor Kelly called the regular meeting of the City Council of the City of Huntington Beach to order at 7 p.m. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Girl Scout Troop 521 - Juniors, Moffett School - 5th Graders, Linda Russell and Marilyn Monahan, Co -Leaders. ROLL CALL Present: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister Absent: None PUBLIC COMMENTS Harold Ewell stated that gas stations on Beach Boulevard were not complying with state law requiring that free air and water be available to the public. He stated that the Police Department was not enforcing the state law. He stated that the City ordinance banning the parking of oversized vehicles on Beach Boulevard was not being enforced. He stated he did not believe that the Main Street library annex needed air conditioning, which was included in call for bids for the renovation of the heating, ventilating and air conditioning system of the annex. Clancy Yoder stated he believed there was a need for a public golf course in the City of Huntington Beach. He informed Council of the profit to the County of Orange from their share of the golf course at Mile Square Park. Judy.Sever, representing the Huntington Beach/Fountain Valley Board of Real- tors, referred to a letter from Lila Nowell, Board President, to Council dated February 2, 1987 stating their concerns regarding the Bolsa Chica Special District Legislation. She opposed the concept of a transfer tax. She urged Council to consider alternative methods of repayment of the loan. Janet Garrick, member of the School District Board of Trustees, presented com- plimentary tickets to Councilmembers to the Crystal Cathedral on February 26, 1987 for a celebration in memory of the ratification of the Constitution. Russell Behrens stated he was an attorney working with Signal Landmark to draft legislation for the Bolsa Chica. He stated he had been working with City staff on the matte. He presented the most recent draft of the legisla- tion for Council review. Page 2 - Council Minutes - February 2, 1987 Beth Shafer and Linda Shue, citizens who board horses at the Huntington Beach Central Park Equestrian Center, requested interpretation of various portions of the contract between the City and the concessionaire of the Equestrian Cen- ter. JaySStrout requested an audit, and a review of the improvements as required under the contract, of the Equestrian Center in Huntington Central Park. Ruben Loshak stated he agreed with previous speakers regarding the Equestrian Center and thanked Council for their interest in the matter. CONSENT CALENDAR - (ITEMS REMOVED) Councilman Bannister requested that the item pertaining to the bid award for the construction of Phase I of the Warner/Los Patos Storm Drain project and the item pertaining to Resolution No. 5753 regarding grant for activities related to Oil Lease Sale 95 be removed from the Consent Calendar for separate consideration. The City Administrator requested that the item pertaining to the bid award for Phase I of the construction of the Heil/Gothard Storm Drain Project be removed from the Agenda. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Green, second Erskine, Council approved the following items, as recommended, with Councilman Bannister abstaining from voting on the minutes of the adjourned meeting of January 20, 1987, by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None MINUTES - Approved and adopted the minutes of the regular meeting of January 20, 1987 as written and on file in the Office of the City Clerk and the adjourned regular meeting of January 20, 1987 as amended. Councilman Bannister abstained from voting on the minutes of the adjourned meeting of January 20, 1987. RENOVATION OF HEATING/VENTILATING/AIR CONDITIONING SYSTEM - MAIN STREET LIBRARY - PLANS & SPECIFICATIONS CALL FOR BIDS - MSC-248 - Approved plans and specifications and authorized call for bids for the renovation of heating, ventilating and air conditioning system at the Main Street Library. STREET MAINTENANCE OVERLAY PROJECT - NOTICE OF COMPLETION - NSC-256 Accepted work completed by Blair Paving, Inc., in the amount of $624,803.08 for street maintenance overlay project. BID AWARD - RECONSTRUCTION & IMPROVEMENTS OF VARIOUS LOCAL STREETS/ ARTERIAL HIGHWAYS %CMNT AL PARK TRAILS/PUBLIC FACILITY SITES - MSC-263 - JOSIP KOM L CONSTRUCTION - - Accepted the low bid of Josip Kovac Construction in the amount of ,291,951.70 for the construction of reconstruction and improvement Page 3 - Council Minutes - February 2, 1987 of various local streets, arterial highways, Central Park Trails, public facility sites, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds and directed the City Clerk to notify the unsuc, cessful bidders and return their bid bonds. The bids were as follows: Josip Kovac Construction $291,951.70* Arm & Hammer Concrete 391,844.30 Nobest Incorporated 418,075.09 Damon Construction Company 443,199.31 Parrott & Wright Construction Co., Inc. 464,741.55 Sully=Miller Contracting Co. 519,416.65 Excel Paving Company 573,513.90* *corrected amounts RESOLUTION NO 5751 = ADOPTED a VACATION OF PORTION OF PALM AVE _ "A RESOLU= TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF PALM AVENUE BETWEEN 15TH AND 16TH STREETS." (Public hearing scheduled 2/17/87) RESOLUTION NO 5752 = ADOPTED a ORANGE CO = UNIFIED TRANSPORTATION FUND ALLOCATION = BROOKHURST STREET IMPROVEMENTS A RESOLUTION OF THE CITY COUN= CIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THAT THE ORANGE COUNTY TRANS, PORTATION COMMISSION ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUNDS FOR BROOKHURST STREET BETWEEN BANNING AVENUE AND THE TALBERT CHANNEL (O.C.F.C.C.)." AMENDMENT #4 TO AGREEMENT FOR PHOTOGRAPHIC SERVICES INC = Approved and authorized execution tographic Services to Participate in between the City_and All America Color, of Amendment # City -Sponsored Inc., = ALL AMERICA to Agreement Recreational COLOR Programs BID AWARD s HEIL/GOTHARD STORM DRAIN = PHASE I = CC=649 JWM ENGIlTEEERING REMOVED FROM AGENDA AT THE REQUEST OF THE CITY ADMINISTRATOR The City Clerk presented a communication from the Director of Public Works regarding the bid award for Phase I of the construction of the Heil/Gothard Storm Drain Project. This item was removed from the Agenda at the request of the City Administra, tor. He stated it was probable the item would be included on the February 17, 1987 Council Agenda.. BID AWARD APPROVED = WARNER/LOS PATOS STORM DRAIN = PHASE I = CC=676 = JWM ENGINEERING = REPORT REQUESTED ON COST AT COMPLETION OF PROJECT The City Clerk presented a communication from the Director of Public Works regarding the bid award for the construction of Phase I of the Warner/Los Patos Storm Drain project. -- 53 Page 4 - Council Minutes - February 2, 1987 Councilman Bannister questioned the large spread in the amounts of the bids received on the project. He requested the project be earmarked and at its completion that Council be informed of the total cost. A motion was made by Bannister, seconded by Erskine, to accept the low bid of J. W. M. Engineering in the amount of $334,670 for the construction of Phase I of the Warner/Los Patos Storm Drain project; to authorize the transfer of an additional $27,137 in City'Flood Control Funds from the Drainage Fund (Account M301) into Project Account (826760) for any unforseen contingencies; to hold the bid bonds on the lowest three bidders until execution of the contract and the filing of the bonds and to direct the City Clerk to notify the unsuccessa ful bidders and return their bid bonds. The bids were as follows: J.W.M..Engineering, Incorporated $334,670 Salvala Construction 393,384 Mike•Prlich and Sons Construction 4472640 C.K. Pump and Dewatering Company 590i2O3 The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None RESOLUTION -NO. 5753 , ADOPTED , JOINT GRANT APPLICATION WITH SAN CLEMENTE/= LAGUM BEACH T BEACH s OIL LEASE The City Clerk presented Resolution No. 5753 for Council consideration s "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING. THE CITY ADMINISTRATOR TO EXECUTE AN APPLICATION FOR FINANCIAL ASSISTANCE FOR A LOCAL GMRNKINT COASTAL MANAGEMENT IMPROVEMENT PROGRAM GRANT FOR ACTIVITIES RELATED TO OIL LEASE SALE 95." Discussion was held regarding newspaper reports that the government would be releasing property off shore for leasing purposes. A motion was made by Finley, seconded --by Mays; to adopt Resolution No. 5753. The motion carried by the following -roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Done A.motion was made by. Erskine, seconded by Kelly, to appoint Councilman Green to -the Council committee, The motion carried by the following roil call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None DISCUSSION OF PROPOSED LEGISLATION TO CREATE BOLSA CHICA SPECIAL DISTRICT Extensive discussion was held regarding the scheduling of a Study Session on 4the proposed legislation to create a Bolsa Chica Special District. Page 5 - Council Minutes - February 2, 1987 Julie Froeberg, representing Senator Bergeson, informed Council of the time schedule of the proposed legislation pertaining to the Bolsa Chica. Following further.. discussion, it was the consensus of Council to defer discus- sion of the date of the Study Session to later in the meeting. PUBLIC HEARING -,COASTAL GRANT APPLICATIONS The Mayor announced that this was the day and hour set for a public hearing to consider regarding Local Government Coastal Management Improvement Grants offered by the California State Secretary of Environmental Affairs: (1) Study to identify onshore support facilities and access the feasibility of using the facilities for additional offshore oil development, and (2) Development of extension of existing Blufftop Park westerly of Goldenwest Street. The City Clerk announced that all legal requirements for publication and post- ing had been met, and that she had received no communications or written pro- tests to the matter. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Mayor Kelly informed Council that no further action was necessary other than holding a public hearing on the two grant applications. Councilman Green left the room. ORDINANCE No 2890 - ADOPTED • REFUSE The City Clerk presented Ordinance No. 2890 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BELCH AMENDING HUNTINGTON BEACH MUNICIPAL CODE SECTIONS 8.20.010, 8.20.090, 8.20.110, 8.20.120, 8.20.140 AND 8.20.150, RELATING TO REFUSE." On motion by Finley, second Kelly, Council adopted Ordinance No. 2890, after reading by title, by the following roll call vote: AYES: Wiuchell, Mays, Finley, Kelly, Erskine, Bannister NOES: None ABSENT: Green (out of the room) Councilman Green returned to the room. ORDINANCE NO 2891 - INTRODUCTION APPROVED - CAMPER FACILITIES The City Clerk presented Ordinance No. 2891 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTIONS 13.28.010, 13.28.070 AND 13.28.110 RELATING TO CAMPER FACILITIES." 55. Page 6 . Council Minutes !- February 2, 1987 A motion was made by Finley, seconded by Erskine, to approve introduction of Ordinance No. 2891, after reading by title. The motion carried by the fol!w lowing roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None ORDINANCE NO 2892 , INTRODUCTION APPROVED s COMPOSITION OF FOURTH OF JULY EXECUTIVE BOARD The. City Clerk presented Ordinance No. 2892 for Council consideration , "AN ORDINANCE, OF. THE. CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI� CIPAL CODE BY AIDING SECTION 2.106.020, RELATING TO THE COMPOSITION OF THE FOURTH OF JULY EXECUTIVE BOARD." A :notion was made by Finley, seconded by Erskine, to approve introduction of Ordinance No. 2892, after reading by title. . The motion carried by the fol,, lowing roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None APPOINTMENT OF COUNCIL LIAISON .TO PERSONNEL BOARD APPROVED * BANNISTER.. A.motion was made by Erskine, seconded by Kelly, to approve the appointment of Councilman Bannister as Council liaison to the Personnel. Board. The motion carried by the following roll call vote:. AYES:. Winchell, Mays,.Finley,.Kelly, Erskine, Green, Bannister NOES: None ABSENT: None . . d LIBRARY BOARD APPOINTMENT ! MacDONALD On motion by Green, second Finley, Council appointed Robert MacDonald..to fill Helen Reichmin's term on the Library Board .to expire August 31,. 1990 by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None E UBSTRIAN CF1dTR } Hunt ton Central Park Councilman Bannister requested a report from the Director of Community Sera vices and the City Administrator regarding the Equestrian Center at Huntington Central Park. The City Administrator stated that a report had been transmit? ted to Council the previous week, but he would provide Council with an up -- date. Councilman Bannister stated he wanted to see an audit of the Equestrian Center over the last four years, a report on the relationship of Ferrary Farms 1 561 Page 7 - Council Minutes - February 2, 1987 to the Equestrian Center and a ,eport on the feasibility of rolling back the fees to the last rate approved by Council. Councilman Mays requested staff to follow up on the points made by Beth Shafer and Linda Shue during their pre- sentation under the Public Comments portion of the meeting. Councilman Bannister commented on a meeting of approximately fifty people who boarded horses at the Equestrian Center. In attendance were Councilman Bannister, the City Administrator, the City Attorney and the concessionaire. In response to questions by Council, the Director of Community Services stated that Mr. Milligan had agreed to comply with various points brought up in the meeting as outlined in a summary report prepared by staff. Following further discussion, a motion was made by Bannister, seconded by Finley, to request a report on the legality of demanding the concessionaire of the Equestrian Center at Huntington Central Park to reimburse the fees charged to boarders where those fees had not been approved by Council. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None Mayor Kelly requested a report from staff recommending methods of repayment of the fees. GOLF COURSE IN HUNTINGTON CBNTPAL PARK - REPORT REQUESTED Discussion was held regarding the possibility of creating a golf course in Huntington Central Park. A motion was made by Erskine, seconded by Bannister, to direct staff to pre- pare a report on the positive and negative aspects of creating a golf course in Huntington Central Park. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None TOUR OF DEVEWPMENT PROJECTS - TENTATIVELY SCHEDULED FOR MARCH 1987 Councilwoman Finley suggested a tour by all, or up to three, of the Council} members and appropriate staff of selected completed development projects to get a better sense of reasons for ordinance requirements; how they work; and if they work. Councilman Erskine stated there were three coastal projects he would like, Council to review while they were in progress; one on 8th Street, the Mola project on 12th Street and a motel in the Huntington Marina area. It was suggested that the tour take place in March. RECESS - RECONVENE The Mayor called a recess of Council at 9:15 p.m. for the purpose of reviewing a slide presentation by Fire Chief Ray Picard of the Main Street fire that occurred Thanksgiving Day, November 27, 1985. The meeting was reconvened at 9:25 p.m. 57 Page 8 f Council Minutes i February 2, 1987 ADJOURNMENT Mayor Kelly adjourned the regular meeting of the City Council of the City of Huntington Beach to Thursday, February 12, 1987 at 5:30 p.m. City Clerk and ex'officio Clerk of Wto unci of the City TEST: ofBy , lifornia City Clerk I 1 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CALL FOR SPECIAL MEETING OF CITY COUNCIL/REDEVELOPMENT AGENCY Jack Kelly, Mayor John Erskine, Mayor Pro Tem Wes Bannister, Councilman Ruth Finley, Councilwoman Peter Green, Councilman Tom Mays, Councilman Grace Winchell, Councilwoman CALIFORNIA 92648 You are hereby notified that a Joint Special Meeting of the City Council and Redevelopment Agency of the City of Huntington Beach, California is called for and will be held in Room B-8 of the Civic Center, at the hour of 6:00 P.M., on Monday, February 2, 1987 for th discuss litigation matters. Dated: January 26, 1987 ATTEST: ALICIA M. WENTWORTH, CITY CLERK I hereby certify.that I rece..fed the above notice, "Call for Special Meeting of the %-Ty o i .'velop n�gency," prior to 6:00 P.M., on Sunday February 1, 1987. / or (Telephone: 714-536-52271 510