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HomeMy WebLinkAbout1990-02-20MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Tuesday, February 20, 1990 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Mays called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:50 p.m. ROLL CALL PRESENT: MacAllister, Winchell, Green, Mays, Bannister, Erskine ABSENT: Silva Mayor Mays stated that due to a meeting Councilman Silva would not be attend- ing the adjourned regular meeting but would be at the 7 p.m. regular meeting. He also stated the Closed. Sessions would be heard before the regular meeting. Conceptual Development Plan for Pierside Restaurants, Jonathan Chodos, developer, presented sketches and described the site plans. Discussion was held between Council and Jonathan Chodos, regarding the square footage of the project and the available parking.. In answer to Councilman Green's inquiry, Jonathan Chodos stated- he believed it was important for the Attorney General at the State: Land; Commission to under- stand what the city of Huntington Beach wants to accomplish: In answer to Councilwoman Winchell"s inquiry, Jonathan Chodos stated the objective was to have Council approve the conceptual' plan so. that. they could prepare it in more detail and present it to the Planning Commission. In answer to Councilman Erskine's inquiry regarding, the approval of the Con- ceptual Plan making the city liable for architectural fees, the: City Attorney stated that a conceptual approval only gives an assurance that the deve.loper is going in the right direction and that his pursuit of the project As a developer's risk. Proposed Pier Concessionaires The City Administrator presented a packet, to the Council entitled Pier Concessionaire containing proposals from concessionaires. The Finance Director presented a staff report. Page 2 - Council/Agency Minutes - 2/20/90 In answer to Councilman MacAllister's inquiry, the City Administrator stated the pros and cons of one concessionaire operating all three concessions. Discussion was held regarding the city's bid procedure on the pier concession- aire project. Councilwoman. WinchelI requested that negotiations with Sea Cove be explored. MOTION CARRIED TO HEAR CLOSED SESSIONS SCHEDULED FOR 7 PM REGULAR MEETING A motion was made by Mays, seconded by MacAllister, to make a determination that the need to take action on the issue of a Closed Session to give instruc- tions to the City's 'negotiator regarding negotiations with the Huntington Beach Company and a Closed Session to confer with its attorney regarding pending litigation - City of Huntington Beach v Grand Wilshire Investment Inc. - U. S. Bankruptcy Court Case #LA-89-14026-JD arose subsequent to the agenda being posted as specified, in. Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: MacAllister; Winchell, Green, Mays,, Bannister, Erskine NOES: None ABSENT: Silva CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code .Section 54956.8. to. gi ve instructions to the City's negotiator regarding negotiations with the Huntington Beach Company - (Civic Center Parking Lot - corner of Yorktown and Lake),,(120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litiga- tion — City of Huntington Beach v Grand Wilshire Investment Inc. - U. S. Bank- ruptcy Court Case #LA-89-14026-JD - (Deferred Compensation Litigation) (120.80) RECESS - RECONVENE The Mayor called.a recess of Council at 6:30 p.m. The meeting was reconvened at 6:45 p.m. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Mays adjourned City of Huntington Center. ATTEST: �99 City Clerk/Clerk the adjourned regular meeting of the City Council of the Beach to 7 p.m., February 20, 1990, at Room B-8, Civic ale amia, O�;� Clerk of the Redevel6oment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman MINUTES. CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Tuesday, February 20, 1990 A tape recording of this meeting is on file in the City Clerk's Office. Mayor...Mays called the regular meetings, of the City Council. and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL PRESENT: MacAllister, Winchell, Green, Mays, Bannister, Erskine Silva arrived 7:30 p.m. ABSENT: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony and Invocation wa.s conducted by. Brownie Troop #742, Kelly -Shanley and Jill Senese, Co -leaders. STATEMENT FROM MacALLISTER & ERSKINE CounclTiembers MacAllister and Erskine stated that since they were absent for th6"P.66'ruary 20, 1990 Council meeting they had watched the videotape. PRESEN�/1TION $1,500 CH CK PRESENTED BY HUNTINGTON BEACH/FOUNTAIN VALLEY RAARO nr RFAI TnRS Tn PTFR nwn Tom Van Tuyl, on behalf of the Huntington Beach/Fountain Valley Board of Realtors, presented a $1.,500 check to Mayor Mays for.the Pier Fund. OIL SPILL_ REPORT - CAPTAIN CARD - U.S. COAST GUARD - MOTION CARRIED TO VESTWATE INCIDENT AND OFFSHORE MOORING LE SE Captain Card, U.S. Coast .Guard, presented a report on the operations of the oil spill cleanup. Chief Picard commended al.1 forces who were involved in the cleanup. A motion was made by Mays, seconded by Green, to go to the appropriate state and federal agencies to send a. -request to thoroughly investigate the American Trader oil spill incident that occurred off the coast of Huntington Beach on February 5, 1990 and to make a thorough risk assessment of the Huntington Beach. offshore mooring, and to, :give direction to the City Attorney to 200 Page 2 - Council/;Agency Minutes - 2/20/90 investigate the implication and" options the City Council has on the offshore moori ng lease and to report back to the City Council either in open or closed session to review the options. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Erskine NOES: None ABSENT Silva OIL SPILL VIDEOTAPE VIEWED Bill.Reed, Public Information Officer, presented a videotape on the oil spill incident Vic. Leipzig, representing volunteers from Amigos.de Bolsa Chica and other groups,`stated the cleanup project had been a success. Mayor Pro Tempore Peter Green presented a report on the suit brought by the city regarding Malathion Spraying. He stated the city lost the suit on the Superior Court level. A motion was made by Green, seconded by Erskine, to direct the City Attorney to cooperate with the Los Angeles City Attorneys on the action to file a law suit (malathion spraying) in the superior court in. Los .Angeles. The motion carried.by the following roll call vote AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None A motion was made by Green, seconded by Mays, to fax the following statement to the Senate Rules Committee: The City.Council of Huntington Beach urges the Senate Rules Committee to deny the appointment of Henry Vaas as Director of Food and Agriculture. He has demonstrated insensitivity to concerns of urban Californians and also demonstrated disregard for the health and safety of the people of Huntington Beach who live.in the malathion spray area. The motion carried by the following roll call. vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None Mayor Pro Tempore Green stated that Nancy Michaels is -the staff person for the Senate Rules Committee if anyone would like to call her at 916+445-0924. The City Attorney presented .a staff, report on the results of the malathion suit at the superior court. I NEW CITY ENGINEER INTRODUCED - ROBERT EICNBLATT .201. The City Administrator introduced Robert Eichblatt, City Engineer. Page 3 - Council/Agency Minutes - 2/20/90 The Mayor announced that this was the day and hour set for the open public hearing,.continued from February 5, 1990, to consider: Mayor Mays stated that Councilman Bannister would be abstaining on the item pertaining to Zone Change 88-18 due to a conflict of interest. 'APPLICATION NUMBER: Zone Change No. 8.8-18 APPLICANT: City of Huntington Beach (! The Non -Certified Coastal Area of the City of Huntington Beach generally located on the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River. RE EST: A public hearing to rezone the 232 acres non -certified coastal area as follows: Change the zoning on a 7.0 acre parcel to Visitor Serving Commercial and rezone the remaining 225 acres by affixing a Coastal Conserva- tion Overlay to the existing zoning on the subject property. For further information regarding the specifics of this zone change application, please contact -the City Department.of Community Development. ENVIRONMENTAL STATUS:. Categorically exempt pursuant to Section 15265 of the Ca%lifornia Environmental Quality Act. COASTAL STATUS: This project is in the Coastal Zone. This zone change must be reviewed and approved by the California Coastal Commission. The City Clerk presented Ordinance No. 3033 for Council consideration - "AN ORDINANCE. OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING THE SECTION 9061, THEREOF TO PROVIDE FOR A CHANGE OF ZONING WITHIN VARIOUS DISTRICTS WITHIN THE "WHITEHOLE" AREA OF THE COASTAL ZONE.". The. City Clerk presented Resolution No. 6119 for Council consideration "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING ZONE CHANGE NO. 88-18 FOR THE 'WHITEHOLE' AREA." The Community Development Director presented a staff report. The Mayor declared the public hearing open. William Curtis, Title Energy Group representing Daisy Picarelli, stated he believed Council had preponderence of evidence to vote and requested that the item regarding the Whitehole Area not be continued. Victor Leipzig stated there were people present from Friends of Huntington Wetlands, Amigos de Bolsa Chica, Huntington Beach Tomorrow, and Huntington Wetlands Coalition that are in support of the staff recommended action as mod- ified. He requested that people not express their comments when called upon to expedite the meeting. Dean Albright expressed concern regarding the extension of Hamilton Avenue into Beach Boulevard and how the drilling for oil would affect the wetlands. 202 Page 4 - Council'/Agency.Minutes - 2/20/90 Charles GAnt. Cindy Buffa, George Arnold, Diana Boom, Dr. Louann'Murray, Tanva Vazi ri, Fred Galluccio, and Bill Malkin spoke in favor of :Zone Change 88-18. Robert. London Moore. Jr., and Eugenia Moore spoke i.n_ opposition of Zone Change 88-18. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Mayor Pro Tempore Green stated a communication had been received from M.D. Martin, Southern California Edison Company, dated. February 16, 1990, requesting a "CZ" suffix rather than a "CC" suffix. A motion was made by Green, seconded by Mays, to approve Zone Change 88-18 with modifications to designate a 7.0 parcel to Visitor Serving Commercial and to apply the Coastal Conservation (CC) suffix with the exception of 83 acres of Edison to the existing zoning on the remaining 225 acres in order to achieve consistently with the adopted Land Use Plan and to complete certifica- tion of the subject area and the local coastal program, and to approve Resolution No. 6119 and''Ordinance No. 3033 pursuant to said coastal zone change. The motion carried. y the following roll call vote: AYES: Winchell, Green,,.;, ays, Silva, Erskine NOES: MacAllister ABSTAIN: Bannister ABSENT: None The Community Development Director stated he would return to Council with the amended Ordinance No. 3033 with appropriate wording for the first reading. Resolution No. 6119 would also be returned to Council. RECESS - RECONVENE The Mayor called a recess of Council at 8:30 p.m. The meeting was reconvened at 8:45 p.m. (570.60) The Mayor announced that this was the day and hour set for a public hearing pursuant to Huntington Beach Municipal Code S.17.10.010 to determine whether certain premises situated in the City of Huntington Beach, State of California designated as 211-6th Street constitutes a public nuisance subject to abate- ment by the rehabilitation of such premises or by the ' repai r or demolition of buildings or structures situated thereon. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communications or written protests were received on the matter. The Community Development Director presented a staff report. Sarah Lazarus, Deputy City Attorney, reported on the matter. Mike Strange, Senior Planner, presented a staff report with slides. a Page 5 - Council/Agency Minutes - 2/20/90 The Mayor declared the public hearing open. Jack Herrell stated he was the neighbor and complained of vagrancy, fires, and recommended the structure be torn down. -Loretta Wolfe stated she lives in the neighborhood: and requested the destroyed structure be demolished. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A -motion was made by Erskine, seconded by Green, to declare the structure a public nuisance based on findings set forth on the February 20, 1990 RCA and require the property owner to abate the public nuisance by posting a bond for demolition. Rehabilitation must begin within thirty (30) days of council action and must be completed by August 27, 1990 or the bond will be exercised and demolition will occur. The motion carried by the following roll ca.1.1 vote: AYES:. MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None The City Attorney advised Council of the necessity to include additional findings other than those in the staff RCA. A motion was made by Erskine, seconded by Winchell, that the council has had evidence in form of slides and testimony of the public who live in the vicin- ity of the, structure,. that the property is extremely dilapidated, is unsafe, 'is unhealthful, is a site for vagrancy, subject to fire, subject to vandalism, is a threat to the.- security of the area, and. for all of those reasons the council has sufficient findings to declare the property a public nuisance and to seek its immediate demolition. Discussion was held regarding the word "immediate".demolition due to proce- dures which must be followed and Councilman Erskine stated the motion was not to change the recommended action but 'to cite the urgency. The motion made by Erskine, seconded .by Winchell, that the council has had evdidence in form of slides and testimony of,the public who live in the vicin- ity of the structure, that the property is extremely dilapidated, is unsafe, is unhealthful, is a site, for vagrancy, subject to fire, subject to vandalism, is..a threat to the security of the area, and for all of those reasons the coun has sufficient findings to declare the property a public nuisance and to seek. i.ts immediate demolition carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None PUBLIC COMMENTS Anthony Passannante requested information on the organization named Breeders. Carl O'Brien requested information on the median on Warner Avenue. 20 4. Page 6 - Council/Agency Minutes.- 2/20/90 Becky Ericksen, Student Body President of Dwyer Jr. High: -School., was -at the Council meeting to observe. Amy Fabozzi , Publicity Director of a leadership cl;ass, Dwyer Jr. High School, was,.at::the Council meeting to observe. Robert Novello, H.E.G. Enterprises, expressed his gratitude for the opportun- ty.tp.present his proposal for the pier concessionaires.-- Discussion was held between Robert Novello and Councilmembers regarding poss- ible conditions of pier concessionaires. Bob Biddle stated he believed the British petroleum ship should pay the full cost of..damages and be fined for allowing the accident to occur. He requested the City Attorney to file a law suit against the British -petroleum ship. DeAn Albright spoke regarding regarding the possible pollution of Peck Reser- voir due to pesticides and malathion spraying. Chuck Scheid stated he believed that people need to -be informed. He quoted an excerpt from the Ralph M. Brown Act. George `Arnold spoke in opposition of the Conceptual Development Plan for Pier - side Restaurants and in opposition of having one concessionaire for the pier concessions. .Mickey Shafer, Art Aviles, Matthew Messiere, Anthony Passannante, Paul Lawrence, Uri Gati , Shirley Commons Long, Richard Di Nol fi , Kirk Kirkland, Dick Harlow, Natalie Kotsch, Tom Van Tuvl, Spencer Sheldon; Chris Craig, and Richard Shapiro spoke in support of the Conceptual Development Plan for P.iersid'e Restaurants Diana Boom and Debbie Cook spoke in opposition. of' the Conceptual Development .Plan for Pierside Restaurants. David Burris spoke regarding the oil spill and in opposition to redevelopment on the beach. Regular Order of Agenda Suspended On motion by Mays, second Green, Council unanimously approved suspending the regular order of business as shown on the agenda to move immediately to the agenda item regarding the Conceptual Development Plan for Pierside Restaurants, followed by the remaining Public Comments. The Clerk presented a communication from Keith Bohr, Redevelopment Specialist, requesting approval of the Conceptual Plan. for Pierside restaurants which include the following: *. The development of two new restaurant pads - (25,000 sq.ft.); * Accommodations for the relocation of the existing Maxwell's `205 Restaurant - (15,000 sq. ft.); * The development of a parking structure, including surface and subsurface parking for both beachgoers and restaurant patrons; Page 7 - Council/Agency Minutes— 2/20/90> * The development of beach -related concessions, including approximately 6,000 sq. ft. of casual dining space; and ` Authorize staff and the developer of Pierside to negotiate for the relocation and integration -of Maxwell s:'into,the.Pierside plan. The City Administrator gave a staff report and requested Jonathan Chodos to summarize the presentation on the proposed project which he made at the earlier 5:30 p.m. study session. Jonathan Chodos, representing Stan Bloom of Randall Foods, presented slides explaining the proposed project. Carole Ann Wall stated that she had been on the Design Review Board for thirteen years and was excited about the proposed project. Chris Clawson spoke in support of the Conceptual Development Plan. He stated that McDonnell Douglas had 25,006 visitors a year and that he was looking for- ward to the development of Pierside Village to accommodate visitors and resi.dehts. Dale Dunn, Paul Wimmer, Tim Marzano, Lucille Harmon, Steve Bone, Cecil Carney (one of the architects for the project), Jim Righeimer, Jan Shomaker, Havdee Tillotson, and James Torline spoke in support of the project. Chauncey Alexander, Vice President Huntington Beach Tomorrow, spoke in opposi- tion of the project. Gerald Chapman inquired about the project being insurable. Councilman Bannister assured Gerald Chapman that the project is insurable. Doug_Langevin spoke in opposition of the project and stated that no buildings should be above the level of Pacific Coast Highway. He stated there should be small concessions to serve the beach public. Mayor Mays stated the item was open for Council discussion. Councilwoman Winchell stated she was representing her constituents in not supporting the conceptual plan due to the, commercial development being on the beach side of Huntington.Beach. Mayor Pro Tempore Green stated he had been part of the unanimous Council vote in 1986 to approve Pierside Village with 86,000 feet of commercial develop- ment. He stated he believed the conceptual plan is an improvement over the plan approved in 1986. He stated the vote on the conceptual plan may be pre- mature due to the- fact that the state and -the city are. in litigation. He urged the developer to meet with proponents in the interim. He stated he would be voting against the plan, but may change his vote if,, the. plan returned to Council with the city prevailing in the lawsuit. A motion was made by MacAllister, seconded by Mays, to approve the conceptual plan for development of the Pierside Restaurants and to authorize staff to renegotiate a new lease with Randall Foods. r�. Page B. - Counci 1 /Agency Minutes - 2/20/90 Councilman Erskine stated that it was his understanding that the architectual detail was conceptual and subject to a future charrette. The motion made by MacAllister, seconded by Mays, to. approve the conceptual plan ,for development of the Pierside Restaurants and :to authorize staff to renegotiate a new lease with Randall Foods carried. with the following roll "call 'Vote: A AYES: MacAllister, Mays; Bannister, Silva, Erskine. NOES: Winchell, Green ABSENT: None CONSENT CALENDAR - (ITEMS REMOVED).... = `. The following items were requested by Councilmembers..'to bi removed from the Consent Calendar for separate consideration: '.(MacAll-iste.r) Relocation of Electrical Facilities in the Edinger Corridor; Removal' `Of Seven Underground Storage' Tanks - MSC-290, Council Resolution No. 6117_- Agency Resolution 198 - Owner Participation Agreement between Redevelopment !Agency of City of Huntington Beach and Lenny and Jodi Mazzotti,'Agreement. Removal of Ten Under- ground Storage Tanks - MSC-289; (Winchell) Agreement - Edinger Avenue Under- ground Utility District, Bid Award - Warner Avenue Widening between Algonquin Street and Newland Street - CC-595, Relocation of' Beach Maintenance Facility; (Bannister) Amendment No. 1, to Agreement - Downtown. Parking Structure - CC-706; (Silva) Executive Recruitment Service - Ralph Andersen and Associates., CONSENT CALENDAR - (ITEMS APPROVED) On motion by Mays, second Erskine, Council approved "the „ following .items, as recommended, with Councilman Erskine.abs taining from -the vote on the minutes of Council/Agency adjourned regular meeting of February 5, 1990; regular meet- ing of. February 5, 1990 and special meeting of February 7, 1990, by the following roll call vote: Y AYES: MacAllister, Winchell, Green, Mays, Banniste.r,, Silva, Erskine NOES:. None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVE p - Approved sand adopted minutes of, Council/Agency adjourned regular meeting of February 5, 1990; regular meeting of February 5,. 1990 and -special meeting of February 7, 1990 as written and on file 1n the,Of.fice of:the City Clerk. Councilman Erskine abstained from voting on.the minutes. 11.1 tY WUM 1 1 J m!1 l%.LUr WffirLG 11VR - NrrKVVLLP - 1.1 RUL UKULK - WCAN r1G1 ESTATES - CC-754 - CONT FROM 215/90 (600.80) - Accepted improvements on the construction of the Ocean View Estates Mobile Home Park completed by Caswell Construction Company or a contract amount of $717,502.73; approved additional change order of $16,741.59 increasing the final contract amount to,$734,244.32. n 1 Page 9 - Council/Agency Minutes - 2/20/90 L1r�Lr WN(1L.1 / aiu ►VVSlSi1 nrrlaVrGU Jr,GLn AWLnUG ir1r1VV1L17Gn1J - RULL. ENGINEERING (COMPANY - CC-761 (600.50) - Accepted the low bid of.Ruiz-Engi- neeri'ng Company in the amount of $41,749.61 for .Speer .Avenue Improvements, 44thorize the Director of Public Works to expend'450;849.61 to cover contract costs of $41,749.61, estimated construction contingencies- of $4,100 and anti- cipated incidental expenditures of $5,000 and approve and authorize execution of. an .appropriate contract. (Includes new structural street section, cross gutter, curb & gutter, sidewalk, driveways, concrete steps and street :lights.), hold bid bonds on the lowest three bidders until execution of con- tract and filing of bonds, rejected all other bids and directed the City Clerk ,to notify the unsuccessful bidders and return their bid bonds. The bids were as,follows: Ruiz Engineering Company Josip Kovac Construction Sully -Miller Excel Paving Bay District Paving' Nobest II`nc. Jerry Cross Paving Damon Construction Company $41,749.61 44,074.60 44.599.80 45,931.20 49.467.04 49,687.40. 49,689.10 69,656.50 DEIGN (110.20) - Approved appointment of Blanche Deight to serve on the Personnel Commission for the remainder of June Bauman's term through June 30, 1990. (City council) RESOLUTION NO. 6118 - ADOPTED (720.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING COMPENSATION FOR NON -PERMANENT EMPLOYEES.° (City Council) RESOLUTION NO, 6116 - ADOPTED (800.70) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.HUNTINGTON BEACH PROVIDING FOR THE CHANGE OF A STREET;NAME FROM COMMODORE CIRCLE TO AMBERLEAF CIRCL'E." plans and specifl improvements of curbs, sidewalk Crawford, Oxford, various streets in the City as a result s and gutters. (Streets include Zane, Gumm, Donlyn, Harbor Isle.) �_l J JAffilI as (600.90) - Approved reconstruction and of root damage to Yucca, Harmony, TURAL SERVICES - PURKISS-ROSE ASSOCIATES (600.10) - Approved and authorized execution of Amendment No. 3 to Agreement between the City of Huntington Beach and Purkiss-Rose Associates for the Landscape Architectural Services for the Improvement of Main Street Alley at a cost'of $10,950. (City Council) HUMAN RE -BOARD APPOINTMENT APPROVED - KATHY SCHNABL (110.20) - Approved appointment of Kathy Schwabl to the Human Resources Board as a representative for the disabled with a term of October 1, 1989 - September 30, 1993. 208 Page 10 - Council/Agency Minutes - 2/20/90 - wrr.•awru - LIMAXKtW AMU JMUK 1- MLMU I ) I Ktt 1 t K M LAI%t J I Ktt F IV MUn 11Rb 1 Un S I Ktt I- CC-778.. (600.10) - Accepted the Professional Liabi.lity..Insurance with $50,000 deductible from Fuscoe, Williams, Lindgren and.Short, engineering_ firm design- ing Walnut Street from Lake Street to Huntington Street. (City Council) SAN JOAOUIN RESERVOIR MEMORANDUM OF UNDERSTANDING - APPROVED (600.10) - Approved and authorized execution of the San Joaquin Reservoir Memorandum of Understanding to provide funding for. the. necessary water quality Improvements to the reservoir. (MOU between the Irvine Ranch Water District, City of Newport Beach, Mesa Consolidated Water District, Laguna Beach County Water District, South Coast Water District,, The Irvine Company, Metropolitan Water District of Southern California.) (City Council) VEHICLE PURCHASE - APPROVED .MoA5) _Approved unbudgeted expenditure of $16,000 for purchase of automobile which was totally destroyed by traffic collison. (City Council) AMENDMENT NO. 1 TO AGREEMENT DOiNlTOWN PARKING STRUCTURE - HARRIS & ASSOC. - CC-706 - APPROVED - CONT FROM 215/90 (600.10) The City Clerk presented a communication from the City Administrator pertain- ing to, the construction Management Services for Downtown Parking Structure; CC-706. The Public Works Director presented a staff report. A motion was, made by MacAllister, seconded by Mays, to approve and authorize Execution of Amendment No. 1 to Agreement between. tha City and Harris and Assoc. and to provide Construction Management Services for, the Downtown Park- ing Structure at an additional amount of $160,000. The 'motion carried by the following roll call vote: AYES MacAllister, Winchell, Green, Mays, Bannister,. Silva, Erskine NOES: None ABSENT: None 1 ; .. kk;l a L1jF11&T1K1R!&1i1JjI ItP-till IM 44 toil: l 1 .. .l.1IV61 The Clerk presented a communication from the Executor Director regarding the execution of the Agreement for Relocation of Electrical: Facilities. Discussion was held between the staff and Council regarding 're locati.ng under- ground utilities. A motion was made by MacAllister, seconded by Mays, to, continue the item per- taining to the Edinger Avenue Underground Utility District to March 5, 1990. The motion carried by the following roll call vote: AYES: MacAllister, Winchell,. Green, Mays, Bannister, Silva, Erskine NOES: None 2n 9 ABSENT: None 1 Page 11 - Council/Agency Minutes-.2/20/90 The ,Executive Director provided a communication regarding the Relocation of Electrical Facilities in the Edinger Corridor. A motion was made by MacAllister, seconded by Mays; to continue the item per- tain ng to the Edinger Avenue Underground Utility District to March 5, 1950. the motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT:. None The City Clerk presented a communication from the City Administrator regarding the removal of seven underground storage tanks, MSC-290. A motion was made by MacAllister, seconded by Winchell, to accept the quota- tion submitted, and to approve and. authorize execution of the City Funded Construction Contract between the City and Jones Construction and Maintenance Company, Inc. for the removal of seven underground storage tanks located on six city -owned properties for an amount of.$55,700. (Tanks located at five fire stations and at the Civic Center.) the, motion .carried by the following roll call vote: AYES: MacAllister, Winchell, Green,.Mays, Bannister, Silva, Erskine NOES: None ABSENT: None The City Clerk/Clerk presented a communication from the City Administrator/. Executive Director regarding the Owner Participation Agreement between the Redevelopment Agency of the City of Huntington' Beach and Lenny and Jodi Mazzotti. The Clerk presented Agency Resolution No. 198 for Agency consideration - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROV- ING THE NEW CONSTRUCTION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN OWNER . PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND LENNY MAllOTTI AND JODI MAllOTTI." The City Clerk presented Council Resolution No. 6117 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE NEW CONSTRUCTION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND LENNY MAllOTTI AND JODI MAllOTTI." 2. Page 12 - Council/Agency Minutes - 2/20/90 The Director of Housing and Development presented a staff report. A motion was made by Mays, seconded by Green, to approve and authorize execu- tion of an Owner Participation Agreement between the Redevelopment Agency and Lenny and Jodi Mazzotti providing for the rehabilitation and new construction of additional square footage on property located within the "Demonstration Block" bounded by Main and 5th Streets, Olive and Walnut Avenue and adopt Agency Resolution No. 198 and Council Resolution No. 6117. The motion carried by the following roll call vote: AYES: MacAllister, NOES: None ABSENT: None Winchell, Green, Mays, Bannister, Silva, Erskine /4Ll')lMai 11'a1 ZSIMCC■ /anal nC.AasaarU _)anLr a — al_ aal_ t ArCK a. a1 In aRala_I ain — a1 __'a`a_'a (600. The City Clerk presented a communication from the City Administrator regarding the Warner Avenue widening between Algonquin Street and Newland Street, CC-595. In answer to Councilwoman Winchell's request, the Public Works Director stated he would meet with Carl O'Brien and staff to discuss the ''median construction. A motion was made by MacAllister, seconded by Mays, to accept the low bid of D. W. Powell Contractor in the amount of $1,125,150 for the widening and median construction between Algonquin Street and Newland Street, authorize the Director of Public Works to expend $1,252,665 to cover contract costs of $1,125,150, estimated construction contingencies of $112,515 and anticipated incidental expenditures of $15,000 and approve and authorize execution of an appropriate contract, hold bid bonds on the lowest three bidders until execu- tion of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: D. W. Powell $1,125.150.00 Excel Paving 1,198,862.25 Sully Miller 1,299,872.50 Shawnan Corporation 1,370.,725.00 Damon Construction 1,477,892.50 The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva NOES: None ABSENT: None (Erskine - out of the room) a :.� l� .i _ a a ►�� 1 1 �J � l _.i __.i �1. r_: _ l � The City Clerk presented a communication from the City Administrator regarding the relocation of the Beach Maintenance Facility. _.A motion was made by Winchell, seconded by MacAllister, to approve Request for Proposals for the design of a new beach maintenance facility presently located Page 13 Council/Agency Minutes - 2/20/90 at 44 Huntington Street to a new location on city property east of Newland Street on Edison Avenue to make room for the Waterfront's seco'n.hotel and .author.ize staff to solicit proposals. the motion carried by:the' folIowirig roll call vote: AYES: MacAllister., Winchell, Green, Mays, Banntster,'Silva, Erskine NOES: None ABSENT: None The, City Clerk/Clerk presented a communication from the City Administrator/ Executive ,Director regarding the,:removal of. ten underground storage tanks, MSC-289 A motion; was made by MacAllister, seconded. by Winchell, to accept quotations submitted by Jones Construction for 'an amount of $69,200, plus the' cost of disposal of rinseate from Tank 7 at K SO per gallon plus $480 vacuum truck charge, and approved and authorized execution of City Funded Construction Con- tract, between the City and Jones Construction and, Maintenance Company,. Inc., for the Removal of Underground Storage Tanks. (5 tanks ,at 520 Pacific Coast Highway, and 5 tanks at 122-5th Street) the motion carried by the'.following roll call vote: AYES.: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT:` None - MWWMNWVM9 - (600.10) The. City Clerk presented a communication from .the. City .Administrator pertain- ing to retaining a firm to'conduct a recruitment for the vacant position within the City to manage the Economic Development'.activities. A motion was made by MacAllister, seconded- by Erskine, to accept the proposal of.Ralph Andersen and Associates for executive recruitment for vacant position within the City to manage the Economic Development activities; appropriate $16.000 from the unappropriated General Fund balance to cover the cost of this recruitment, and instruct the City Attorney to prepare a formal contract for these services for the subsequent approval by ,the City Council. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Erskine NOES: Silva ABSENT: None (600.10) The City Clerk presented a communication from the Director of Public Works transmitting proposed designs completed by.ASL Consulting Engineers for the design of the intersections at Walnut, Olive, Orange, 6th and Acacia. Page 14 - Council/Agency Minutes 2/20/90 A motion was made by Erskine, seconded by MacAllister, to ­continue the item pertaining to the Final Intersection Design CC-763 to March 19, 1990 to allow .for a:. meeting with- ASL -representatives, Main Street property owners, developers and merchants and to review and coordinate the main street design. The motion carried by the following roll call vote: AYES:' ` MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT:: None �96tion to Suspend House Rules Carried A .motion made by Bannister, seconded by MacAllister, to suspend house rules and continue the: meets ng even though it is 11 p.m. The motion was .carried by the following roll call vote: AYES: MacAllister, Green, Mays, Bannister, Silva,'Erskine_ . NOES: Winchell ABSENT: None The City Clerk_ presented a communication from the .Director of Administrative Services recommending the selection of H.E.G. Enterprises as the concession- acre for the three businesses to be located on the future Huntington Beach Pi er. The City Administrator presented to Council a communication from the Pier Con- cessionaire Review Committee, dated February 15, 1990,'which provided back- ground information on all of the proposals submitted' for pier concession -operations. On motion by'Mays, second MacAllister, Council unanimously authorized staff to negotiate with H.E.G. Enterprises (The Fisherman's) and Sea Cove -Staff, to appoint a Council liaison commi.ttee," and : to review this and . at the same time have the committee come up with a more definitive desire of what is needed for negotiation. Mayor Mays appointed Councilmembers Winchell, Silva, and Erskine to the committee pertaining to the pier concession., Councllmember MacAllister stated he would be an alternate member. AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None (600.30) The Clerk presented a communi cation from the Director of Housing and Redevel- opment'transmitting an exclusive.`Ne`gotiating Agreement between the Redevelop- ment Agency and Sea View Village. — Page 15 -.Council/Agency Minutes - 2/20/90 A motion wa"s made by MacAllister,, seconded by Mays, to approve and authorize the'Chairman and Agency Clerk to execute the Negotiation Agreement between Sea Yfe,w Village and the Redevelopment Agency of the City of Huntington Beach for developfen,t within the Talbert -Beach Redevelopment Project Area. The motion carri ed:'.4y the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT:; None Councilwoman Winchell requested staff to investigate the inclusion of a compo- nent of SR suffix housing (senior residential), or. the possibility of SRO (single room occupancy) and using set -aside funds. Councilwoman Winchell stated there is a community need for adult day-care and 2.4-hour respit type home care and she requested that all opportunities be explored. The Clerk presented a communication from Director of Housing and Community Development requesting authorization to prepare an Exclusive Right to Negoti- ate Agreement between the Redevelopment Agency and Pacific Coast Corporation. In answer to Councilwoman Winchell's inquiry, Tom Andrusky, Redevelopment Specialist, stated that in regards to the transportation corridor the railroad would still have their right away. A motion was made by MacAllister, seconded by Mays, to authorize the Executive Director to have prepared a six-month exclusive right to negotiate agreement with Pacific Coast Corporation for lease and/or purchase of a 2.8 acre parcel of land owned by the Redevelopment Agency between Center Avenue and McFadden Avenue.; The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None AWNTr None The City Clerk presented a communication from Bob Franz, Deputy City Adminis- trator, informing Council of the need to ratify in open session, the action taken in closed session meetingg of February 5, 1990 regarding Deferred Compen- sation Litigation, U. S. District.Court Case #LA-89-14026-J.D. A motion was made by MacAllister, seconded by Mays, to ratify in open session the action taken in closed session that was inadvertently overlooked on February 5, 1990, and to accept offer no: 2 from Leisure World Resorts in the amount of $520,000 net and (b) accept the offer of Golden Pacific Industries 219.. Page 16 - Council/Agency Minutes.- 2/20/90 as back-up and (c) authorize the Mayor and City C1erk.to execute all necessary documents to close this transaction. The motion carried by the following roll cal.l..vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None .ABSENT: None A motion was made by Erskine, seconded by MacAllister to report out the following action taken at the deferred compensation litigation, U.S. District Court Case No. LA-89-14026-J.D.: (1) authorize the Mayor to execute the demand letter requiring the performance of escrow agreement 3655, and (2) authorize staff to .follow up on the back-up offer. from Golden Pacific Indus- tries, and (3) authorize the Mayor to accept the best offer staff can obtain and execute -all necessary documents to close this transaction.. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: Bannister ABSENT: None The Clerk presented a communication from the Director of Housing and Rede- velopment Agency transmitting an Exclusive Negotiation Agreement between the Redevelopment Agency and Coastline Investment Group for a period of time not to exceed one hundred eighty days. The Director of Housing and Redevelopment presenteda staff report. A motion was made by MacAllister, seconded by Green, to approve the Negotia- tion Agreement between the Redevelopment .Agency and Coastline Investment Group not to exceed one hundred and eighty (180) days, and to authorize the Agency's Executive Director and Clerk to execute. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None The City Clerk presented a communication from Director of Public Works trans- mitting Amendment No. 2 to Agreement between the City of Huntington Beach and Kleinfelder, Inc. for engineering design services for the property on and adjacent to the Huntington Beach Landfill. 215- N - Page 17 - Council/Agency Minutes-,-2/20/90 A motion was made by Bannister,. seconded by Green, taining to the City Owned Landfill Property Methane March 20,,1990, for comparative costs of closure and carried by the following roll call vote: AYES: Winchell, Green, Bannister, Silva, NOES: MacAllister, Mays, Erskine ABSENT: None to continue the item per - System and Closure Plan to a better map. The motion Considerable discussion was held between the Council and Richard Mandeville, Consultant, Kleinfeider, Inc.; regarding comparative costs of closure if the .property were to remain as is, passive park, or developed for the proposed golf course. A motion was made by Bannister, seconded by MacAllister, to reconsider the itefh pertaining to the City Owned Landfill Property Methane System and Closure Plan. The motion carried by the following roll call vote: AYES: MacAllister, Winchell,:Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None A motion was made by MacAllister, seconded by Mays, to approve the amendment with Kleinfelder, Incorporated, to approve and authorize execution of agree- ment,' and to establ i sh a budget of .$85,000 .for the ' additional work and permit fees. The motion carried by the following.roll call vote: AYES: MacAllister, Wi.nchell, Green, Mays,, Bannister, Silva, Erskine NOES: None ABSENT: None The Clerk presented a communication from the Director of Housing and Redevel- opment:transmitting a Negotiation Agreement between. the. Redevelopment Agency and Guardian Savings for a one hundred and eighty day.period. A motion was made by MacAllister, seconded by Green, to approve the Negotia- tion Agreement between the Redevelopment Agency and Guardian Savings for the one hundred and eighty (180) day period, and authorize the Agency's Executive Director and Clerk to execute. The motion carried by the following roll call vote: AYES: MacA111'ster, Winchell, Green, Mays, Silva,,Erskine NOES: None ABSTAIN: .Bannister ABSENT: None The City Clerk -.presented a communication opment requesting authorization to draft between the Redevelopment Agency from Director of Housing and Redevel- an Exclusive Negotiation Agreement and Newcomb -Tillotson Development Page 18 -.;Council/Agency Minutes - 2/20/90 Company for the development of one block bounded by - Main and 5th Streets, Orange and Olive Avenues (third block west), located within the Main Pier Redevelopment Project Area. A motion .was made by Green, seconded by Mays, to authorize staff to draft an Exclusive Negotiation Agreement between the 'Redevelopment Agency and Newcomb -Tillotson Development Company for a period. of one hundred eighty days. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None The City Clerk presented Ordinance No. 3034 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.101.030 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE ALLIED ARTS BOARD." (Clarifies attendance requirements) On motion, by Green, second Mays, Council continued Ordinance No. 3034 to March 5, 199.0, by the following roll call vote: AYES: MacAllister, Green, Mays,.Bannister,.Silva. Erskine NOES: Winchell ABSENT: None Mayor Mays directed the Deputy City Admi'nist.rator to have the liaison report back to Council with the reason for request of this ordinance. (City Quncil) ORDINANCE NO 3035 ADOPTED - RELATING TO DRIVEMAYS AND PARKING AREAS (640.15) The: City Clerk presented Ordinance No. 3035 for Council .consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING. THE HUNTINGTON BEACH MUNI- CIPAL. CODE BY REPEALING SECTIONS 17.08.040. 17.20.080 and 17.20.090 RELATING TO DRIVEPAYS AND PARKING AREA." (These sections .properly omitted on legis- lative draft of Ordinance. No. 3022 adopted 11/20/89 but inadvertently not removed from legal ordinance) On motion by Mays, second Bannister', Council adopted Or No. 3035, after reading by title, by the following vote: - AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None (City Council) ORDINANCE NO 3036 - ADOPTED - FRANCHISE RAINBON DISPOSAL/ RAINBOW TRANSFER AND RECYCLING COMPANIES (600.45)' The City Clerk presented Ordinance No. 3036.for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO RAINBOW DISPOSAL/RAINBOM TRANSFER AND RECYCLING COMPANIES A FRANCHISE TO.CDLLECT REFUSE." 1 Page ,19 - Council/Agency Minutes - 2120/90 On motion by MacAllister, second Bannister, Council adopted Ordinance No. 3036, after reading by title, by the following vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None -STAFF-REPOR-T-REQUESTED l kI' _ 1. .. _. l � _� �:J•.Y_� Councilman MacAllister stated that there was inadequate parking on Alabama Street and requested a staff report on the code enforcement of Alabama Street. Councilwoman Winchell requested a report on the Franchise Agreement and what it means. Councilman Erskine stated the intent was to have a Closed Session on that subject. RAILROAD CASES - SETTLEMENT ACCEPTED (120:80) 1. The Atchison, Topeka & Santa Fe Railway Company, et al. vs. State Board of Equalization, et al. Sacramento Superior Court Case No: 28 14 34. 2. Southern Pacific Transportation Company, et al. vs. State Board of Equalization, et.al. San Francisco Superior Court Case No. 81 04 33. 3. Southern Pacific Transportation Company, 'et al. VS. State Board of Equalization, et al. San Francisco Superior Court Case No. 87 73 59. 4. Souther Pacific Transportation Company, et al -vs. State Board of Equalization, et al. United States District Court for the Northern District of California, Master Consolidated Case No. C 81 4365 DLJ (related case nos. C 81-4848 DLJ, C 82-6009 DLJ, C 83-4704 DLJ, C 83-5689 DLJ, C 83-5690 DLJ, C 82-6030 DLJ). 5. The Atchison, Topeka & Santa Fe Railway Company, et al, vs. State Board of Equalization, et al. San -Francisco Superior Court Case Nos. 76 18 19, 77 89 86, and 28 82 19 (consolidated). 6. The Atchison, Topeka & Santa Fe Railway Company, et al, vs. State Board of Equalization, et al. San Francisco Superior Court Case No. 85 55 89. A motion was. made by. Mays, seconded' by Bannister to accept the settlement offered between the Atchison, Topeka & Santa Fe Railroad Company and all other railroads listed on the closed session agenda item and the City of Huntington 2.118 :.. ..4. Page 20 --Council/Agency Minutes - 2/20/90 Beach whereby the City of Huntington Beach would refund to those railroads the total sum of $21,938.26. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: Bannister :ABSENT: None STUDY SESSION REQUESTED - POLLUTION Councilman Erskine presented to Council a Tist of the_ top twenty polluters from South Coast Air Quality Management Districts. -He stated_ that Shell representatives would like to meet with the city ,to.,present -information on What they plan to do to improve their plant at Goldenwest Street and Pacific Coast Highway and additional community amenities,. and he requested that the Deputy City Administrator schedule a Study Session.for.this purpose. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Mays adjourned the regular meeting of the City Council of the City of Huntington Beach to 5:30 a.m., March 5, 1990, Room B-8, Civic Center. ATTEST: .City Clerk/Clerk Clerk of the Redevelo ment Agency and City; Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 218