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Home My WebLink About1989-06-26[l n MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, June 26, 1989 A tape-recording of this,�eeti,nq is on file in 'the City Clerks Office. Mayor Bannister called the adjourned regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. Present: MacAllister, Green, Winchell, Bannister, Silva (Erskine arrived 7:15 p.m.) Absent: Mays Mayor Bannister requested that the item pertaining to the Mayer Corporation and Xyclon Services Company be removed from the Consent Calendar for separate consideration. Councilman Silva requested the items pertaining to the Shields Storm Drain Pump Station, the General Telephone Company Agreement, and the Security Protection System for Civic Center Complex be removed from the Con- sent Calendar for separate consideration. Councilwoman Winchell requested that the item ,pertaining to the Letter of Understanding, State Department of Health Services, be removed from the Consent Calendar for separate consideration. On motion by MacAllister, second Green, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Silva NOES: None ABSENT: Mays, Erskine (City Council) MINUTES - APPROVED - Approved and adopted Council Minutes of the adjourned. regular meeting of May 22, 1989 as written and on file In the Office of the City Clerk. (City Council) CITY TREASURER INVESTMENT POLICY FOR 1989 - RESOLUTION NO 6030 - ADOPTED - °A RESOLUT1ON OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ACI"LEDGING THE RECEIPT AND FILING OF THE ANNAL STATEMENT OF IMSTMENT.POLICY FOR.THE YEAR 1989.0 M Page 2 - Council/Agency Minutes - 6/26/89 Approved adoption of the Orange County draft) as revised in April, 1989. ste Management agreement with Orange County Consolidated Transportation Se (OCCTSA) for the provision of transportation services to seniors. - hr MLJVr ei - - Ian (final improvements completed by Nobest, Inc., on construction of sidewalk ments on Davenport Drive, authorized the City Clerk to file a Notice pletlon and approved the total contract cost of $56,833.60. Accepted improve - of Com- (City Council) STORM DRAIN TELEMETRY SYSTEM MODIFICATIONS - APPROVED - Authorized the Director of Public Works to negotiate with the manufacturer of the existing storm drain telemetry system, at a fair and equitable price in an amount not to exceed $58,500 to make it more reliable during storm events and authorized the encumbrance of $58,500, for modification of the telemetry system. WELL #1 REHABILITATION - BOLSA/SNRINGDALE - Approved and authorized execution of agreement between the City and the Orange County Water District for ser- vices in Deteriorated Well Casings Rehabilitation for Water Well #1 located near Bolsa Avenue and Springdale Street and authorized encumbrance of $40,000 from FY 88/89 budget funds for said rehabilitation. (City Council) AMENDMENT NO. 1 TO AGREEMENT - APPROVED - PECK RESERVOIR RENOVATION PHASES II AND III - JAMES M. MONTGOMERY - CC-696 - Approved and authorized execution of Amendment #1 to agreement between the City and James M. Montgomery Consulting Engineers, Inc. for Engineering Design Services for Phase II and III of.the Renovation of Peck Reservoir, CC-696, as follows: & SPECIFICATIONS CALL FOR BIDS - Approved plans and specifications f Warehouse Project, Phase I. authorized the Director of Public Works t tise for construction bids and carry over $867,100 in Water Utility Improvements funds to the 1989-90 budget for -the project. r Water adver- Capital (City Council) OCEAN VIEW ESTATES MOBILEHOME PARK IMPROVEMENTS - APPROVED - Appropriated $47,000 for improvements to the original twelve mobilehome spaces at Ocean View Estates Mobilehome Park to conform to the construction standards provided to Driftwood residents relocated in this park (upgrade of original S coach pads) Page 3 - Council/Agency Minutes - 6/26/89 \V16� WIAII{.11/ \.VI'U'1VWnF. Vin4LG nL\.n Ln1SVIV naGA - rLAnJ nlyy Jr LV1r1lA\IIVIVJ - APPROVED - CALL FOR BIDS - APPROVED - Approved plans and specifications as prepared by the Public Works Department and authorized call for bids for construction of a recreation area on Commodore Circle. Erskine arrived at the meeting at 7:15�m. City Council/Redevelopment Agency) AGREEMENT - TERMINATION OF LEASEHOLD INTEREST FOR NELSON AUTO SERVICE - MAYER CORPORATION AND XYCLON SERVICES CO. The City Clerk/Clerk presented a communication from the City Administrator/ Executive Director pertaining to the termination of leasehold interest for Nelson Auto Service. The Deputy City Administrator/Economic Development presented a staff report. A motion was made by MacAllister, seconded by Erskine, to approve and author- ize execution of an agreement between City, Robert L. Mayer and Xyclon Ser- vices Company regarding termination of lease and acknowledgment regarding reimbursement obligations under Disposition and Development Agreement (Water- front Project), authorized credit of $227,499.38 to the Mayer Corp. against the amount loaned by RLM to the Agency for relocation of Phase I of the Drift- wood Mobilehome Park. (Reimbursement from the Redevelopment Agency for costs incurred to acquire and terminate the leasehold interest between Nelson Auto Service located at Ellis I Goldenwest) The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Erskine NOES: Bannister, Silva ABSENT: Mays (City Council) SHIELDS STORM DRAIN PUMP STATION - UPGRADE AND DESIGN BUDGET APPROVED - CC-584 - ROBERT BEIN. WILLIAM FROST AND ASSOCIATES The City Clerk presented a communication from the Public Works Director per- taining to the Shields Storm Drain Pump Station, Phase II; CC-584. A motion was made by MacAllister, seconded by Green, to approve an additional $54,000 to allow Robert Bein, William Frost and Associates to prepare detailed plans and specifications in order to upgrade the Shields Storm Drain Pump Sta- tion and establish a design budget contingency amount of $5,400. The motion carried by the following roll call vote: AYES: MacAllister,. Green, Winchell, Erskine NOES: 'Bannister, Silva ABSENT: Mays (City Council) AGREEMENT - APPROVED - GENERAL TELEPHONE COMPANY OF CALIFORNIA - OCEANVIEW ESTATES MOBILEHOME PARK - CC-754 The City Clerk presented a communication from the Public Works Director per- taining to Ocean View Estates Mobile Home Park Expansion; CC-754. Page 4 - Council/Agency Minutes - 6/26/89 A motion was made by Silva, seconded by MacAllister, to approve and authorize execution of an agreement between the City and General Telephone Company of California to sell telephone equipment owned by the City to General Telephone Company of California per an agreement with GTE, the City installed undergound telephone facilities within Oceanview Estates Mobilehome Park. Upon transfer. of ownership, GTE will reimburse the City of $2,333.10, of the City's cost. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council) BIDS REJECTED - SECURITY PROTECTION SYSTEM FOR CIVIC CENTER COMPLEX - POPOV ENGINEERS INC. - MSC-277 The City Clerk presented a communication from the Public Works Director per- taining to the Security Protection. System for the Civic Center Complex (MSC-277). A motion was made by MacAllister, seconded by Silva, to reject all bids received for the furnishing of professional engineering services to design a security protection system for the Civic Center Complex. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council) ASCON LANDFILL SITE - (21641 MAGNOLIA STREET) - DRAFT NEW LETTER OF UNDERSTANDING - STATE DEPARTMENT OF HEALTH SERVICES - ENFORCEMENT AGREEMENT WITH ASCON LANDFILL The City Clerk presented a communication from the Community Development Direc- tor and the Deputy City Adminis.trator/Zoning pertaining to the Ascon Letter of Understanding.. Councilwoman Winchell stated that she believed the portion of the letter stat- ing City concurrence with the State Department of Health Services Draft Enforcement Agreement with Ascon should be omitted. A motion was made by Winchell, seconded by Bannister, to redraft the Letter of Understanding dated May 31, 1989 regarding Enforcement Agreement with Ascon Landfill to state that the DHS will be the lead agency; request that all pub- lic hearings be held in Huntington Beach and that the City will provide the facility for hearings.. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Silva, Erskine NOES: None ABSENT: Mays Erskine out of the room. q� Page 5 - Council/Agency.Minutes - 6/26/89 nyyalmu JL1-nJ1UL OV"L1 I%L%A;Mr1LnUn11Vn MU 1PIrLLMr_nIn11Vn rLnn - nuLn%,1 RES NO 174 - ADOPTED - COUNCIL RES NO 6026 - ADOPTED The City Clerk/Clerk presented a communication from the Chief Executive Officer pertaining to the Fiscal Year 1989-90 Redevelopment 20% Housing. Set -Aside Budget Recommendation and Implementation Plan. The Deputy City Administrator/Economic Development presented a staff report. The Clerk presented Agency Resolution No. 174 for Agency consideration - "A RESOLUTION OF THE FROM REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH FINDING AND DETERMINING THAT THE USE OF MONIES FROM THE LOW AND MODERATE INCOME HOUSING FUND OUTSIDE THE PROJECT AREAS WILL BENEFIT THE PROJECT AREAS, AND AUTHORIZING THE EXPENDITURE OF SUCH FUNDS." The City Clerk presented Council Resolution No. 6026 for Council consider- ation - "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF HUNTINGTON BEACH FINDING AND DETERMINING THAT THE USE OF MONIES FROM THE LOW AND MODERATE INCOME HOUSING FUND OUTSIDE THE PROJECT AREAS WILL BENEFIT THE PROJECT AREAS, AND AUTHORIZING THE EXPENDITURE OF SUCH FUNDS." A motion was made by MacAllister, seconded by Silva, to: .1. Approve the fiscal year 1989-90 20% Housing set -aside budget as presented. 2. Adopt the following Agency Resolution No. 174 and Council Resolution No. 6026 determining that the use of the 20% set -aside funds outside the project areas will benefit the project areas and authorizing the expendi- ture of such funds. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Silva NOES: None ABSENT: Mays (Erskine out of the room) Erskine returned to the room. (City Council) AGREEMENT FOR ANIMAL CONTROL & SHELTER SERVICES - APPROVED - COUNTY OF ORANGE The City Clerk presented a communication from the Assistant to the City Admin- istrator transmitting an agreement between the County and the City for animal control and shelter services. The Assistant City. Administrator presented a staff report. A motion was made by MacAllister, seconded by Bannister to approve and author- ize execution of the agreement between the City of Huntington Beach and the County of Orange for animal control and shelter services and appropriate $280,857 for FY 89/90 from the General Fund - unappropriated fund balance. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Erskine NOES: Silva ABSENT: Mays 91 Page 6 - Council/Agency Minutes - 6/26/89 Mayor Bannister requested a report on what the funds paid by the City were used for. Silva out of the room. ORDINANCE NO. 3000 - ADOPTED - FRONT YARD FENCING AND FENCE HEIGHT MEASUREMENT The City Clerk presented Ordinance No. 3000 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9771." Code Amend- ment 88-15 - (Front Yard Fencing and Fence Height Measurement) A motion was made by MacAllister, seconded Green, to adopt Ordinance No. 3000. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Erskine NOES: None ABSENT: Mays (Silva out of the room) ORDINANCE NO, 2998 - ADOPTED - ELLIS-GOLDENWEST SPECIFIC PLAN The City Clerk presented Ordinance No. 2998 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9061 TO PROVIDE CHANGE OF ZONING FROM RA-0, RA-0-CD, LU-D-CO, M1-CD „ Q-R1-(2.7)-0-8,0OO, Q-R1-(3)-6,000-CD, Q-R1-(3)-8,000-CD TO ELLIS-GOLDENWEST SPECIFIC PLAN ON REAL PROPERTY LOCATED WITHIN THE 160 ACRE QUARTERSECTION BOUNDED BY ELLIS AVENUE, EDWARDS STREET, GARFIELD AVENUE AND GOLDENWEST STREET (DISTRICT MAP 38) AND AMENDING ARTICLE 930 BY ADDING SECTION 9300(d) ELLIS-GOLDENWEST SPECIFIC PLAN." (Report from Community Development Department, as requested by Council on 6/5/89. is included). A motion was made by MacAllister, seconded Green, to adopt Ordinance No. 2998. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Erskine NOES: None ABSENT: Mays (Silva out of the room) ORDINANCE NO. 3005 - INTRODUCTION APPROVED - CENTRAL LIBRARY - METER ZONE ESTABLISHED The City Clerk presented Ordinance No. 3005 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.68 OF THE HUNTINGTON BEACH MUNICIPA! CODE BY ADDING SECTION 10.68.110 ENTITLED - "CENTRAL LIBRARY - METER ZONE ESTABLISHED." A motion was made by MacAllister, seconded Green, to approve introduction of Ordinance No. 3005. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Erskine NOES: None ABSENT: Mays (Silva out of the room) Page 7 - Council/Agency Minutes - 6/26/89 ORDINANCE NO. 3003 - INTRODUCTION APPROVED - DISPOSAL OF GRAFFITI - PUBLIC NUISANCE The City Clerk presented Ordinance No. 3003 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH CONFIRMING GRAFFITI TO BE A PUBLIC NUISANCE AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO DISPOSE OF SAME." A motion was made by MacAllister, seconded Green, to approve introduction of Ordinance No. 3003. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Erskine NOES: None ABSENT: Mays (Silva out of the room) Silva returned to the room. PHASE II PROJECT - STATUS WITH PROPERTY OWNERS In answer to Councilman MacAllister's inquiry, the City Administrator stated that the City had responded to property owners involved in Phase II Project and that any further meetings would be with the property owners' attorney at their request. 4TH OF JULY PARADE ROUTE In answer to Councilman MacAllister's inquiry, the City Administrator stated Donna Cross, Chairman, had made sure the route for the 4th of July Parade was open and had notified the Huntington Beach Company. The City Administrator stated he would verify that information with the Huntington Beach Company. ENVIRONMENTAL BOARD TO CREATE POLICY REGARDING WASTE MANAGEMENT A motion was made by Winchell, seconded Bannister, to request the Environ- mental Board .to develop a sound policy direction that Council would look at regarding: 1. Solid waste management, source reduction, reuse, and recycling including the reduction of toxic waste in the City, 2. Look into and provide recommendations regarding preservation of the ozone including alternatives to styrofoam and other recommendations for preser- vation of our ozone, 3. And return the policy recommendations to Council in three months. AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Mays PUBLIC COMMENTS Ron Shenkman, representing Rainbow Disposal Company, stated that they need a long-term commitment in order to follow through with expansion and improvement of land and facilities to expand their services. 93 Page 8 - Council/Agency Minutes - 6/26/89 Donna Cross. spoke in support of Rainbow Disposal Company continuing their service for the City. She spoke about their donating services to the City. Natalie Kotsch spoke in support for continuing Rainbow Disposal Company's con- tract with the City. She stated they had been very supportive of the Merchants' Guild downtown. Silva out of the room. REFUSE COLLECTION BIDDING PROCESS - TABLED - REPORT TO BE PREPARED A motion was made by Bannister, seconded Silva to prepare an RFP..(Request For Proposals) for bidding of Huntington Beach refuse collection. . The City Administrator stated the City was in the process of negotiating with Rainbow Disposal Company; therefore, this was not the time for the bidding process to take place. Mayor Bannister read into the record a letter from Councilman Mays dated June 22, 1989 in support of renewing the contract with Rainbow Disposal Company. A motion was made by Winchell, seconded Green, to table the motion to enter into the bidding process for Huntington Beach refuse collection. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Erskine NOES: None ABSENT: Mays (Silva out of the room) The City Administrator stated an interim report would be prepared within two to three months. Silva returned to the room. (City Council) 20 YEAR MASTER PLAN OF TRANSPORTATION IMPROVEMENTS = CONTINUED TO 7/17/89 The City Clerk presented a communication from the Director of Public Works regarding the request from the County that the City Councils in Orange County ratify the Traffic Improvement and Growth Management portion of the 20-Year Master Plan of Transportation Improvements. Stan Oftelie, Executive Director Orange County Transportation Commission, reported at length on the subject. The City Clerk presented Resolution No. 6034 for Council consideration- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF HUNTINGTON BEACH APPROVING THE TRAFFIC IMPROVEMENT AND GROWTH MANAGEMENT PLAN FOR THE PURPOSE OF PLACING THE PLAN BEFORE THE VOTERS OF ORANGE COUNTY." :,.. 94 Page 9 - Council/Agency Minutes - 6/26/89 A motion was made by MacAllister, seconded Erskine, to .adopt Resolution No. 6034. Following discussion Councilman MacAllister withdrew his motion, and Councilman Erskine withdrew his second. A motion was made by Erskine, seconded MacAllister, to continue the item regarding the 20 Year Master Plan of Transportation to July 17, 1989. The motion carried by the following roll call vote:. AYES: MacAllister, Green, Silva, Erskine NOES: Winchell, Bannister ABSENT: Mays DISCUSSION HELD RE: CODE ENFORCEMENT - MEETING PLANNED TO RESOLVE Discussion was held regarding code enforcement. Mayor Bannister directed Councilman Silva and the Community Development Director along with himself to meet in order to resolve the matter of code enforcement. PUBLIC COMMENTS Stefan Steinberg, Broadmoor Huntington Harbor Home Association President, stated several complaints against the Red Onion Restaurant consisting of parking and noise level problems. He requested Council to limit the operation of the bar to 10 p.m. or 11 p.m. in consideration of the residents. Richard Marcoullier stated complaints regarding dining on the patio at the Red Onion Restaurant. He stated that the Red Onion was a bad neighbor. He requested that Council not approve their request at the public hearing - July 5, 1989. NEW ITEMS (City Council) RESOLUTION NO. 6039 - ADOPTED - MATCHING FUNDS FROM STATE SHARED FUNDS SB 140 The City Clerk presented Resolution No. 6039 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO INCLUDE WITHIN THE TRANS- PORTATION DEMONSTRATION PROGRAM (SB 140) THE IMPROVEMENT OF WALNUT AVENUE." (Extend Walnut Avenue from Lake Street to Beach Boulevard.) A motion was made by MacAllister, seconded Erskine, to adopt Resolution No. 6039. The motion carried by the following roll call vote: AYES: MacAllister,Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Mays 95. Page 10 - Council/Agency Minutes - 6/26/89 (City Council) PIER GROUP CALENDAR - FUNDING APPROVED The City Clerk presented a communication from the Deputy City Administrator transmitting a request from the Pier Group for seed money to fund the design and printing.of 3,500 pier,calendars. The Deputy City Administrator presented a staff report. A motion was made by Silva, seconded Green to appropriate $11.972 from Account 101593 (non -departmental contingency account) for the design and printing of 3,500 pier calendars for sale by the Pier Group. The motion was carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Mays ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The Mayor/Chairman adjourned the regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach to Wednesday, July 5, 1989 at 5:30 P.M. in Room B-8, of the Civic Center Complex. AUX S T : . :4 ".'City C1 erk/Cl erk::.: CONNIE BROCKWAY 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