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Home My WebLink About1990-12-03 (7)COUNCIL/REDEVELOPMENT AGENCY MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 3, 1990 The City Clerk opened the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 5:30 p.m. ROLL. CALL Present: None Absent: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine Due to the lack of a quorum of the City Council and the Redevelopment Agency, the City Clerk declared the meetings adjourned. ADJOURNMENT — COUNCIL/REDEVELOPMENT AGENCY The City Clerk adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency. City Clerk and ex--officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: --- City Clerk 145 CITY C(UNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, December 3, 1990 A videotape 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 7:30 p.m. ROLL CALL PRESENT: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine ABSENT: None FLAG PRESENTATION The flag was presented by Huntington Beach Search and Rescue Explorer Post, official color guard for the City of Huntington Beach. Color Guard Commander was Dave Perusse. PLEDGE OF ALLEGIANCE AND INVOCATION The Pledge of Allegiance and invocation was led by the newly elected Miss Huntington Beach, Cara Strole and her Court, Cheryl Martin, Jill Windsor, Sally Butler and Melissa Schonefeld. The Star Spangled Banner was sung by Miss Huntington Beach, Cara Strole. City Council/Redevelopment Agency) MINUTES — APPROVED A motion was made by MacAllister, seconded by Silva, to approve and adopt minutes of Council/Agency adjourned regular and regular meetings of November 5, 1990 and November 19, 1990 and and adjourned regular meetings of 14 Page 2 - Council/Agency Minutes - 12/3/90 October 29, 1990 and December 3, 1990 as written and on file in the Office of the City Clerk. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSTAIN: Mays (Bannister - abstained from the minutes of Council/Agency adjourned regular and regular November 5, 1990 and adjourned regular meeting of October 29, 1990) ABSENT: None RES NO 6232 - ADOPTED - GENERAL MUNICIPAL ELECTION - MOVE14BER 6. 1990 - CERTIFICATION OF CANVASS OF ELECTION BY REGISTRAR OF VOTERS The City Clerk presented her communication transmitting the Certification of Canvass of Election by the Registrar of Voters received by the City Cleric on November 20, 1990. The City Clerk presented Resolution No. 6232 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 1990 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." On motion by Erskine, second MacAllister, Council adopted Resolution No. 6232 by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSTAIN: Mays ABSENT: None PRESENTATION - SCULPTURE TO MAYOR MAYS Mayor Green presented a sculpture to Mayor Mays for his dedicated leadership during his term of being Mayor to the City Council. MAYOR'S STATEMENT Mayor Mays expressed his appreciation to Council, staff, and his family for their support and reviewed the accomplishments of Council over the past four years. QJTGOING PRESENTATIONS Mayor Mays presented gifts to the outgoing councilmembers and City Adminis- trator and thanked them for their support. PRESENTATION TO MAYOR PRO TEMPORE GREEN Mayor Mays presented a plaque to Mayor Pro Tempore Green and stated he appre- ciated all the support Mayor Pro Tempore Green had provided. 140 � Page 3 - Council/Agency Minutes - 12/3/90 OATHS OF OFFICE TO COUNCILMEMBERSICITY ATTORNEY The City Clerk administered the Oath of Office to the newly elected officers as follows: Linda Moulton -Patterson, Councilmember; Jack Kelly, Council - member; Earle Robitaille, Councilmember; Grace Winchell, Councilmember; and Gail Hutton, City Attorney. RECESS -.-RECONVENE The Mayor calls recess of City Council at 7:45 p.m. Council reconvened with City Clerk presiding at 8:05 p.m. ROLE CALL AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None ELE TION OF MAYOR GREEN The City Clerk declared the Office of Mayor vacant. Councilman Kelly nominated Councilman Green for the Office of Mayor. Councilman Green was elected Mayor by unanimous ballot. The City Clerk turned over the meeting to the Mayor to open nominations for Mayor Pro Tempore. ELECTION OF MAYOR PRO TEMPORE SILVA Councilman Robitaille nominated Councilman Silva for the Office of Mayor Pro Tempore. Councilwoman Winchell nominated Councilwoman Moulton -Patterson for the Office of Mayor Pro Tempore. Councilman Silva was elected Mayor Pro Tempore by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: Winchell ABSENT: None PRESENTATION TO OUTGOING MAYOR MAY Mayor Greens presented a sculpture to Mayor Mays. Mayor Mays presented the gavel to Mayor Green. Mayor Mays presented gifts to the new Councilmembers. He read the statement -on the:acrylic statue, "The future is yours to build." 0 Page 4 - Council/Agency Minutes - 12/3190 STATEMENTS FROM NEWLY ELECTED COtJNCILMEMBERS WINCHELL KELLY ROBITAILLE MOULTON-PATTERSON The newly elected and re-elected Councilmembers expressed their appreciation to their families and supporters. STATEMENT FROM COUNCILMAN MacALLISTER Councilman MacAllister congratulated the new Councilmembers and stated his top priority was to set a master plan for the city. STATEMENT FROM MAYOR PRO TEMPORE SILVA Councilman Silva stated he was looking forward to working with the new Council to serve the citizens of Huntington Beach. COMMENTS BY NEWLY ELECTED MAYOR Mayor Green stated it was a great honor be be elected Mayor by his colleagues and stated that together with separate and collective philosophy and vision the Council was there to take direction from the citizens as a community. He stated there would be a one -day Citizens' Congress to help set and implement long-range planning goals for the year 1995 or 2000. He stated the Council would be carrying on the lead that the previous Council had given. PRESENTATION - MISS HUNTINGTON BEACH AND COURT - CITY KEY Mayor Green presented the Key to the City to the newly elected Miss Huntington Beach and her Court. Jackie Judd, President, Women's Division, Chamber of Commerce introduced the newly elected Miss Huntington Beach, Cara Strole and her Court, Cheryl Martin, Jill Windsor, Sally Butler and Melissa Schonefeld. STATEMENT FROM RE-ELECTED CITY ATTORNEY City Attorney Gail Hutton expressed her appreciation for her family and supporters for being helpful in her re-election and stated she was proud to serve as the City Attorney. PRESENTATION - $4.000 CHECK PRESENTED BY SHELL OIL COMPANY TO LIBRARY PATRONS FOUNDATION Bill Gibson, Manager Community Relations, and Milan Sleubin, Southern Opera- tion Production Superintendent of the Shell Oil Company, presented a $4,000 check to Marquerite Davenport on behalf of the Library Patrons Foundation to benefit the Library Expansion Project. PRESENTATION - 1991_FOURTH QF JULY PARADE THEME - "SPIRIT OF AMERICA" Fourth of July Executive Board President Carole Ann Wall announced the theme of the 1991 Fourth of July Parade --Spirit of America. She announced the sale of yellow ribbons in City Hall for the Tie -A -Yellow Ribbon Project. R Page-5 - Council/Agency Minutes - 12/3/90 nil Liaison TA Councilman MacA,11ister stated that modifications and an update of the Joint Powers Agreement of the Public Cable Television Authority may be at the December 17, 1990 Council meeting for approval. PUBLIC COMMENTS Joseph Kuhn commended Council and citizens for the clean-up operation that took place on Earth Day after the oil spill April 1990. Andrew E,inhorn congratulated the newly elected Councilmembers. He spoke in opposition of the proposed Pierside development. Don Harvey, bicyclist, protested the restriping of Pacific Coast Highway into three lanes with no bike lane. Councilman Kelly stated there was a significant interest in public safety on Pacific Coast Highway and that may have been the reason for eliminating the bike lane. CONSENT CALENDAR - (ITEMS REMOVED) The item regarding Investigations on State Beaches was requested by Councilman Kelly to be removed from the Consent Calendar for separate consideration. CONSENT CALENDAR - ITEM APPROVED On motion by MacAllister, second Kelly, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None (City Council NOTICE OF COMPLETION - APPROVED - REMOVAL & REPLACEMENT OF EXISTING SUBMERSIBLE SEWAGE PUMPS & EOUIPMENT - ATLANTA LIFT STATION - FLO-SYSTEMS, INC. - 14SC-296 (600,90) - Accepted work completed by Flo Systems, Inc. in the amount of $69,400 for the removal and replacement of the existing submersible sewage pumps and equipment at the Atlanta Sewage Lift Station and authorized the City Clerk to file the Notice of Completion. Citv Council) BID AWARDICONSTRUCTION F-SUPPLEMENTARY DRAIN SYSTEM ON REDLANDS LANE TO ALLEVIATE STANDING WATER IN GUTTER SWALES - CONSTRUCTION ENGINEERING - APPROVED - MSC-306 (600.90) - Accepted the low bid of Con- struction Engineering in the amount of $37,723 for the construction of a supplementary drain system on Redlands Lane from Defiance Drive to Lafayette Drive in District 159, hold bid bonds on the lowest three bidders until execu- tion of contract and filing of bonds, authorize the Mayor and City Clerk to execute an appropriate contract in the amount of $43,381 to cover contract cost of $37,723 and anticipated construction contingencies of $5,658, rejected I�J0 Page 6 - Council/Agency Minutes - 12/3/90 all other bids and directed the City Cleric to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Construction Engineering $37,723.00 Gosh Construction 37,948.00 Inland Constructors 37,985.60 Ivanko Incorporated 39,299.60 Excel Paving 39,916.84 Mike Masanovich 41,924.00 Liquid Flow Engineering 46,957.00 Ruiz Engineering 46,751.20 Clayton Engineering 54,442.00 C.K. Construction 59,431.40 Basrai Excavating 59,850.00 Atlas -Allied Incorporated 66,308.00 (City Council) NOTICE OF COMPLETION - APPROVED - POMONA VALLEY EQUIPMENT - OCEAN VIEW MUSHROOM FARM DEMOLITION - MSC-275 (600.30) -- Accepted the work completed by Pomona Valley Equipment in the amount of $400,000 for demolition of the Mushroom Farm and authorize the City Clerk to file a Notice of Completion. (City Council} BLUFF TOP PARK IMPROVEMENTS - APPROVED - PHASE V - CHEVRON USAIAMERICAN LANDSCAPE COMPANIES -- CC-780 (600.65) - Authorized the Deputy City Administrator/Administrative Services to offer to resolve the dispute with Chevron by deducting $76,966 from the balance due Chevron U.S.A. under the agreement to abandon well sites in order to cover the costs of downtime and damages incurred by American Landscape Company, and to release funds duE Chevron upon receipt of a signed satisfaction and release from Chevron U.S.A., approved as to form by the City Attorney and approved by the City Administra- tor. The $76,966 is the sum of the $57,254 of landscape damage repair plus $19,712, one-half of the $39,424 of "downtime" damages; authorized the Direc- tor of Public Works to expend an additional $50,000 for landscape project change orders and other contingencies, and authorized the Deputy City Admin- istrator/Administrative Services to reappropriate $50,000 for increased contingencies from funds budgeted for this project in fiscal year 1990. (City Council) FOURTH OF JULY EXECUTIVE BOARD BUDGET - APPROVED (960.70) - Approved the 1991 Fourth of July Celebration Budget including the anticipated sources of income and appropriated $77,250 for parade expenditures and established the fiscal year for the Fourth of July Parade as October 1, 1990 to September 30, 1991. (City Council) CONSULTANT SERVICES FOR PREPARATION_ OF AN INTEGRATED WASTE MANAGEMENT PLAN APPROVED - KLEINFELDER (600.10) Authorized the City Attorney to prepare a Consultant Agreement with the firm of Kleinfelder to prepare the Integrated baste Management Plan which includes a Source Reduction and Recycling Element (SRRE) and the Household Hazardous Waste Element (HHWE) for an amount not to exceed $50,980. Said Agreement to be approved by the City.Council at the meeting of January 7, 1991. Page 7 - Council/Agency Minutes - 12/3/90 (City Coanci1) NOTICE OF COMPLETION - APPROVED, - TELEMETRY SYSTEM FQLk SANITARY SEWER LIFT STATION -- LEEDS & NORTHRUP COMPANY - MSC-261 (600.90) - Accepted the work completed by Leeds and Northrup Company in the amount of $206,117, approved change orders in the amount of $4,037.50, authorized expenditure of $4,037.50 from the sewer funds to cover the change orders and directed the City Clerk to file a Notice of Completion. (City Council) COMPLIMENTARY HOLIDAY PARKING IN THE DOWNTOWN AND MAIN PRQMENADE PARKING STRUCTURE - APPROVED (560.10) - Approved complimentary parking for two hours at the downtown parking meters and during the daytime in the Main Promenade Parking Structure of the period December 5, 1990 through January 1, 1991. (City Council) APPROVAL OF SUPPLEMENT TO LOCAL AGENCY - STATE AGREEMENT.,..- WARNER AVENUE WIDENING - CC-595 - RESOLUTION NO. 6233 - ADOPTED ADOPTED (600.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SUPPLEMENT NO. 021 TO AGREEMENT NO. 12-5281 FOR THE WIDENING OF WARNER AVENUE BETWEEN ALGONQUIN STREET AND NEWLAND STREET." ity Council) DESIGNATION OF REPRESENTATIVE - BIG INDEPENDENT CITIES EXCESS POOL..JOINT POWERS AUTHORITY_(BICEP) - RESOLUTION NO. 6234 -._ADOPTED (600.40) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NAMING KAREN S. FOSTER AS THE CITY'S REPRESENTATIVE TO THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS 'AUTHORITY." (City Council) DESIGNATION OF CONGESTION MANAGEMENT PROGRAM AGENCY (CMP) -- RESOLUTION NO. 6235 - ADOPTED (640.30) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FOR DESIGNATION OF A CONGESTION MANAGEMENT PROGRAM AGENCY FOR ORANGE COUNTY." (City Council)_INVESTIGATIONS ON STATE BEACHES - APPROVED (530.10) The City Clerk presented a communication from the City Administrator directing staff to prepare an ordinance to repeal Ordinance No. 2.52.030 so that the Huntington Beach Police Department could assume responsibility for investiga- tion of Part I Crimes that occur on state beaches within the city. Councilman Kelly expressed his concerns regarding the financial impact on the city by the recent California legislature providing for the city was to pay for housing costs for any individual who had spent time in'the county lockup. Police Chief Lowenberg reported that if the arrestee was remanded to the county jail by the courts the city would have to pay but that the final deci- sion would not be made until mid -January. He stated he did not think the cost would be significant due to the small number of cases. 152 Page 8 - Council/Agency Minutes - 12/3/90 J' A motion was made by MacAllister, seconded by Kelly, to authorize the City Attorney to prepare an ordinance repealing Section 2.52.030 of the Huntington Beach Municipal Code which specifically prohibits enforcement action by the police department on the state beaches unless there is a contract for such services. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None City Council DOWNTOWN SPECIFIC PLAN REVISION. -AND UPDATE - DIRECTED STAFF TO CONTINUE UPDATE AND DEFINE VILLAGE CONCEPT (450.30) The City Clerk presented a communication from the Director of Community Development transmitting a schedule for the planning efforts needed to update and revise the Downtown Specific Plan. The Community Development Director presented a schedule for the planning efforts needed to update and revise the Downtown Specific Plan. A motion was made by Kelly, seconded by MacAllister, to direct planning staff to continue their efforts to update the Downtown Specific Plan. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None Councilman MacAllister directed staff to define the village concept to be included in the planning documents. (City Council/Redevelopment AgenU) REDEVELOPMENT AGENCY AS CO -APPLICANT WITH ROBERT MAYER FOR DEVELOPMENT OF WATERFRONT COMMERCIAL. PHASE 2 & PHASE _3 & RESIDENTIAL - DEFERRED TO 12/17/90 = MAIN -PIER REDEVELOPMENT PROJECT (600.30) The City Clerk presented a communication from the Economic Development Director requesting approval of the Redevelopment Agency as co --applicant with the Robert Mayer Corporation for development of subsequent phases of the Waterfront Project. The City Administrator requested that the item regarding Waterfront Commercial Phase 2 and Phase 3 and Residential be deferred to December 17, 1990. A motion was made was made by Kelly, seconded by MacAllister, to defer the item regarding Waterfront Commercial Phase 2 and Phase 3 and Residential to the City Council meeting on December 17, 1990. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NIVES: None ABSENT: None ; 1�3 Page 9 - Council/Agency - 12/3/90 rage V - WUHL i L,t'.: ... 1 rr✓ (City Council) ORD NO 3088 - APPROVED INTRODUCTION - EXCLUSIONS FROM COMPETITIVE SERVICE TO CONFORM TO CITY CHARTER (700.20) The City Clerk presented a communication from the City Attorney updating Section 2.76.010 of the Huntington Beach Municipal Code to conform to the present City Charter. The City Clerk presented Ordinance No. 3088 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.76.010 OF THE HUNTINGTON BEACH MUNICIPAL CODE." Updates Section 2.76.010 - exclusions from competitive service to conform to City Charter. A motion was made by MacAllister, seconded by Kelly, to approve introduction, after reading by title, Ordinance No. 30B8. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Moulton -Patterson NOES: None ABSENT: None Silva, Green, Kelly, Robitaille, WATER BILLING PROCEDURE - REMOVED FROM AGENDA Councilman Silva stated the item regarding water billing that he had scheduled for the agenda had been resolved. COUNCIL PENDING ITEM LIST EXPLAINED In answer to Councilman Kelly's inquiry, the City Administrator explained the Council Pending Item List included in the Councilmembers' packets. CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957 to consider personnel matters - status of recruitment for Assistant City Administrator/Fire Chief/Director of Community Services. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 9:05 p.m. The meeting was reconvened at 10:45 p.m. 175 Page 10 - Council/Agency r1inutes - 12/3/90 ADJOURNMENT - CWNCIUREDEVELOPMENT AGENCY Mayor Green adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 5:30 p.m. December 17, 1990, Room B-8, Civic Center. ATYS T: a . . City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of n Beach, Tifornia Chairman 1