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Home My WebLink About1988-01-04MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Monday, January 4, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor/Chairman Erskine called the adjourned regular meeting of the City Council/Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m, Present: Kelly, Green, Finley, Erskine, days, Winchell, Bannister Absent: None The Deputy City Clerk presented a communication from Jim Palin, Deputy City Administrator/Zoning Administrator, regarding the Bolsa Bay Harbor and Conser- vation District - SB 1517. In response to questions by Councilman Green, Mr. Palin stated that the amend- ments pertaining to the ocean cut and the long term operation of the wetlands had not yet been resolved. Catherine Stone, representing Burke, Williams and Sorenson, city consultant, reviewed the history of the wetlands legislation. She stated that Signal Landmark and the Senate Resources Committee were working to resolve Sections 4.11 and 4.12. Discussion was held regarding previous Council action and the Council letter which had been sent to the state pertaining to Council's position on the amendments, particularly regarding preservation of the wetlands. Councilwoman Finley stated her concern that the letter did. not reflect Council's desire to protect the wetlands. Mr. Behrens, representing Signal Landmark, stated he believed it was very clear that the city was concerned with protecting the wetlands and that Signal Landmark was working very hard to resolve Sections 4.09, 4.11 and 4.12. Discussion was held regarding budgeting procedures under the bill. Discussion was held regarding that portion of the bill pertaining to bound- aries of the district and protection of the city's jurisdiction. Discussion was held regarding the control of funding for the district, taxes and fees to support such items as library, police and fire support. It was suggested that a. report be prepared for Council on the budgeting process for the district. Page 2 - Council/Agency Minutes - 1/4/88 (City. Council) LIBRARY NEEDS � ASSESSMENT STUDY The Deputy City Clerk presented a communication from the Community Services Director transmitting the Library Needs & Assessment Study - Final Report, October 1987. Mr. Bowman, Director of Community Services, presented a staff report. Ron Hayden, library Director, presented statistics reflected in the report regarding circulation, space, costs and population. Mr. Hayden informed Coun- cil that seven staff members had not been replaced because of the strong and dedicated volunteer program at the library. Discussion was held regarding measures to obtain temporary space at the library by relocating the genealogy section and art gallery to the branch libraries. He pointed out that genealogy meetings often attracted 200 members and there would not be enough parking spaces at the branches to accommodate the public. Richard Waters, consultant representing HBW Associates Inc., reviewed the Needs and Assessment Study prepared by his company. He stated that the library was among the most responsive in the country and complimented the city. He reviewed the service response of staff, the collection and demo- graphics of the population of the city. He estimated that it would take 18 months to build an addition to the library. He stated that without the expan- sion in 18 months the library would be out of space for additional books and space for people to use them. He stated that with the expansion the library would serve the city well into the next century. Mr. Waters stated that the library had one of the finest business sections compared with cities twice the size of Huntington Beach. Discussion was held regarding the estimated cost to hire an engineer/architect to design plans for a children's wing, additional library parking and the realignment of Talbert Avenue. Councilman Kelly suggested that a planned campaign be initiated to gather grants and funding from the private sector for the purpose of expanding the library. He suggested the money the Public Facilities Corporation returned to the city be used as seed money for the fund. ADJOURNMENT Mayor/Chairman Erskine adjourned the adjourned regular meeting of the City Council/Redevelopment Agency of the City of Huntington Beach. ATTEST., is M. Wentworth Ci y Clerk/Clerk DeputY,City Clerk Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntin to Beach, California 8Y , Deputy City Clerk Mayor/Chairman MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hal Huntington Beach, California Monday, January 4, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor/Chairman Erskine called the regular meeting of the City Council/Redevel— opment Agency of the City of Huntington Beach to order at 7 P.M. Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None The Pledge of Allegiance was given by all present in the Council Chamber. PRESENTATION—_j�ETIRED POLICE OFFICER BADGE — ANNOUNCEMENT OF NEW BADGE OESIGN Police Chief Payne announced that the Huntington Beach Police Officer's badge had been redesigned. He presented a retired badge encased in lucite to the Mayor and each councilmember. P_au-1 Picard and QgUg Langevin spoke in opposition to proposed Resolution No. 5830 pertaining to issuance of bonds for a medical office building which they stated was completed and occupied. Behrens, representing Signal Landmark, reviewed some of the proposed amendments to Senate Bill 1517 (Bergeson) pertaining to the Bolsa Bay Harbor and Conservation District. Qavg Schulzgl spoke in opposition to dredging the tide channels and in opposi— tion of Senate Bill 1517 (Bergeson) pertaining to the Bolsa Chica. He spoke regarding Meadowlark Airport and the undergrounding of utility lines in vari— ous areas in the city. David Weisbart invited Council to attend music concerts to be held in the Council Chamber January 24th and February 7th and 21st. Page 2 - Council/Agency Minutes - 1/4/88 Bruce Senator presented several complaints against the Huntington Beach Police Department and the Orange County District Attorney's Office. R Councilman Bannister requested that the following items be removed from the Consent Calendar for separate consideration: Resolution Nos. 5830, 5835 and 5836 and the item pertaining to a consultant agreement between the Redevelop- ment Agency and B. L. Evans & Associates, Inc. Councilwoman Winchell requested separate consideration of Resolution No. 5829 pertaining to legal services; the item pertaining to Relocation Guidelines and Replacement Housing Plan for the Main -Pier Project Area; and the item pertaining to Resolution No. 5837 regarding early retirement incentive for certain employees. Councilman Green requested that the item pertaining to the widening of the intersection of Beach Boulevard and Warner Avenue be considered separately. On motion by Kelly, second Mays, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City_ ounci1/Redevelcomet Agency.). _MINUTES - Approved and adopted minutes of Council Special Meeting December 7, 1987, Council/Agency regular meeting of December 7, 1987 approved as corrected, Council/Agency adjourned regular meet- ing of December 14, 1987, Agency adjourned regular meeting of December 15, 1987, Council/Agency regular meeting of December 21, 1987, and Agency regular meeting of December 28, 1987, as written and on file in the Office of the Clerk. SHINNI- Approved and authorized execution of Amendment No. 5 to Agreement for Photographic Service to Participants in City - Sponsored Recreational Pro- gram between the City of Huntington Beach and Dick Shinnick, dba All America Color, Inc. (Cityit REIMBUR5EMENT AGREEMENT 7-W2 - ABEL JARMRQ & CO - WATER LINE AVENUE - Approved and authorized execution of Reimbursement Agreement 8742 between the City and Abel, Jarrard & Company for the construction of a water line and appurtenances in Ellis Avenue, west of Gothard Street. (City Council) TH8QT 1 414 - NOTICE OF COMPLETITRACTORS- N/ LOS FAMS WILYNN - Accepted improvements dedicated for public use in Tract 10414 and authorized release of the Faithful Performance Bond, Monument Bond and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company. Page 3 - Council/Agency Minutes - 1/4/88 P INE INC- N/ TALBERT - W/0 BEACH - Accepted improvements dedicated for public use in Tract 10648 and authorized release of the Faithful Performance Bond, Monument Bond and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company. -. LANNI uiunil.A - nia ur►rtrir_w - Approved Final Parcel Map 86-220 and accept the offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments and instruct the City Clerk to execute same and to release to the County for pro- cessing. OUS WASTE MANAGEMENT AUTHORIIY - Authorized expenditure of $909.10 for City's membership share in the Southern California Hazardous Waste Management Authority. (City Council) RESOLUTION NO 5834 - ADOPTED - SALARY INGREASE - NON -ASSO- CIATED EMPLOYEES - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTING - TON APPROVING AND IMPLEMENTING A 1% SALARY INCREASE FOR NON --ASSOCIATED EMPLOYEES." 1,l.11y LOunG1 11 DIV AnAKU - kAMM l_LK CONTROLLERSIMINETS_& HhRWARE - CC Computer Service Company William R. Hahn ASSESSMENT DISTRICTS - Approved and between the City of Huntington Beach legal services in the amount of $2,500 finance relative to assessment districts judicial validation of said ordinance. $ 175,475.20 238,506.00 authorized execution and Burke, Williams for the preparation o f (City CQunCi1} RESOLUTION NO 5830 - DENIED - U. R. 0 DEVELO MENT.-._17742 BEACH BOULEVARD The Deputy City Clerk presented Resolution No. 5830 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPRESSING ITS INTENT TO ISSUE BONDS FOR THE, PURPOSE OF PROVIDING FINANCING FOR CERTAIN MEDICAL OFFICE BUILDING FACILITIES." Following discussion, a motion was made by Bannister, seconded by Erskine, to deny Resolution No. 5830. The motion to deny carried by the following roll call vote: Page 4 - Council/Agency Minutes - 1/4/88 AYES: Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Kelly ABSENT: None (City Wuncil) FQURTH QE JULY EXECUTIVEAR NATI N - HANSLER The Deputy City Clerk presented a communication from the Public Information Officer transmitting the resignation of Jeffrey Hansler from the Fourth of July Executive Board. Councilman Bannister commended Mr. Hansler for his service on the Board.On motion by Bannister, second Kelly, Council unanimously accepted, with regret, the resignation of Jeffrey K. Hansler from the Fourth of July Executive Board. (City Council) RESOLUTION N - PERFORMANCE QF LEGAL SERVICES C11y'S 2ERSMMELT The Deputy City Clerk presented Resolution No. 5829 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PRO- VIDING FOR ATTORNEYS WHO ARE MEMBERS OF THE CITY'S PERSONNEL SYSTEM TO PERFORM LEGAL SERVICES SOLELY AND EXCLUSIVELY FOR AND ON BEHALF OF THE CITY." Following discussion, a motion was made by Kelly, seconded by Bannister, to adopt Resolution No. 5829. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Bannister NOES: Winchell ABSENT: None �Wwll■os, 19j a P! AMmwf.J.Z The Deputy City Clerk presented Resolution No. 5835 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A STANDARD LIABILITY INSURANCE LIMIT." The Deputy City Clerk presented Resolution No. 5836 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A UNIFORM INDEMNIFICATION, DEFENSE AND HOLD HARMLESS CLAUSE FOR CONSULTANT CONTRACTS." Councilman Bannister stated his concern regarding the City insurance require- ments for various contracts that come before Council for approval. It was suggested that an ad hoc committee be formed to study the issue. A motion was made by Erskine, seconded by Kelly, to continue consideration of proposed Resolution Nos. 5835 and 5836 to February 1, 1988 to allow a meeting between Councilman Bannister and representatives of the insurance industry. The motion carried by the following roll call vote: �1 Page 5 - Council/Agency Minutes - 1/4/88 AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None v l m A RELOCATIQN QJIDELINESREPLA ENT HQUSINS,.,ELAN -MAIN-PIER P EC� T AREA - L)ONTIMUED TO 2/1/88 The Deputy City Clerk presented a communication from the Community Development Director regarding approval of Relocation Guidelines and Replacement Housing Alan for the Main -Pier Redevelopment Project Area. Councilwoman Winchell stated her concern that representatives of the Driftwood Mobilehome Park tenants had not been informed regarding how the proposed Guidelines would interface with their relocation. On motion by Winchell, second Finley, consideration of the Rules and Regula- tions for Relocation Assistance, Grievance Procedures and Real Property Acqui- sition Policies for Redevelopment Agency Projects" and the "Replacement Hous- ing Plan for the Main -Pier Redevelopment Project" as endorsed by the Main -Pier Project Area Committee was continued to February 1, 1988 by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (Rgdgvelopmgnt1 A AGREEMENT _ N♦ _ k ' D 7V ILY .. l ' i La+ i` APPROVED i 1 1 The Deputy City Clerk presented a communication from the Community Development Director regarding a proposed contract between B. L. Evans & Associates, Inc. to prepare an appraisal for valuation of oil interests. Following discussion, a motion was made by Bannister, seconded by Kelly, to approve and authorize execution of a consultant agreement between the City and B. L. Evans & Associates, Inc., for a cost not to exceed $22,000 to evaluate oil interests to assist in determining the economic impacts of acquiring, relocating or abandoning existing oil wells and oil operations in portions of the Main -Pier Project Area subject to contract approval by the City Attorney. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None The Deputy City Clerk presented a communication from the Acting Director of Public Works regarding the widening of the intersection of Beach Boulevard and Warner Avenue. Page 6 — Council/Agency Minutes — 1/4/88 Discussion was held regarding the role of the Orange County Transportation Commission in the project. A motion was made by Green, seconded by Kelly, to authorize the hiring of an appraiser to determine the cost of acquisition of right—of—way to accommodate the widening of the intersection of Beach Boulevard and Warner Avenue. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None The City Administrator suggested that the Mayor's Committee meet with Orange County Transportation Commission, staff and commissioners, regarding the matter. (City Couil) RE-SOWTION NO 5837— ADOPTED — EARLY RETIREMENT INCENTIVE FOR CERTAIN EMPLOYEES The Deputy City Clerk presented Resolution No. 5837 for Council considera— tion "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING JOB CLASSIFICATIONS ELIGIBLE FOR ADDITIONAL SERVICE CREDIT ON RETIREMENT." On motion by Winchell, second Erskine, Council adopted Resolution No. 5837 by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) LIBRARY NEEDS & ASSESSMENT STUDY ACCEPTED — HIRING ENGINEER/ ARCHITECT TO DESIGN PLANS FOR CHILDRENS WING/PARKING/REALIGNMENT TALBERT AVENUE AUTHORIZE11 The Deputy City Clerk presented a communication from the,Community Services Director transmitting the Library Needs & Assessment Study — Final Report, October 1987. A motion was made by Kelly, seconded by Mays, to accept facts and findings in HBW Associates Report and direct staff to proceed with the development of the Central Library expansion by hiring an engineer/architect to design plans for the childrens wing, additional library parking and the realignment of Talbert Avenue. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) SENATE BILL 1517 (BERGESON) — THE BOLSA BAY HARBOR & CONSERVA— TION_.DISTRICT — W"TINUED TO 1 /11 /8$ The Deputy City Clerk presented a communication from Jim Palin, Deputy City Administrator, transmitting additional proposed amendments to SB 1517 for Page 7 - Council/Agency Minutes - 1/4/88 Council review pursuant to Senator Bergeson's commitment that the City of Huntington Beach be given an opportunity to review all amendments before her office has them printed into the bill for legislative action. The Deputy City Administrator/Zoning Administrator presented a staff report. Mayor Erskine and Councilman Bannister requested that staff clarify, in writ- ing, the reasons for staff recommendations to change or reject amendments to the bill. A motion was made by Kelly, seconded by Finley, to continue consideration of Senate Bill 1517 (Bergeson) pertaining to the Bolsa Bay Harbor and Conserva- tion District to January 11, 1988. The motion carried by the following roil call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None The Deputy City Clerk presented Ordinance No. 2925 for Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON . BEACH MUNICIPAL CODE BY AMENDING SECTION 2.84.020 AND ADDING SECTION 2.84.090 RELATING TO PUBLIC LIBRARY - GENERAL PROVISIONS." - (Brings Library Board into conformance with Council established operating policy for advisory groups) On motion by Kelly, second Mays, Council approved introduction of Ordinance No. 2925, after reading by title, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None • L irk ►al }� r � � r �1}�. �r '��..1 1 •'i i The Deputy City Clerk presented Ordinance No. 2926 for Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.79.060 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PERSONNEL SYSTEM." (Exempts Personnel Commission from limitation of terms) On motion by Kelly, second Mays. Council approved introduction of Ordinance No. 2926. after reading by title, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None FACILITIES ORP MIES TO SEED FUND Councilman Kelly stated his concern regarding the need to acquire funding for expansion of the 14brary. � �e Page 8 - Council/Agency Minutes - 1/4/88 A motion was made by Erskine, seconded by Kelly, to make a determination that the need to take action on the issue of a campaign to solicit funding from grants and the private sector to be used for expansion of the library using the money the Public Facilities Corporation returned to the city as seed money arose subsequent to the agenda being posted as specified in Government Code Section 54954.2. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None A motion was made by Kelly, seconded by Mays, to direct staff to proceed immediately to organize a structured campaign to solicit funding to expand the library, contributing the $1,300,000 which the Public Facilities Corporation returned to the City, with the goal of matching funds from grants and private sector donations, and to direct staff to include in the campaign structure those volunteer groups such as the Library Patrons Foundation. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None PLANNING COMMISSION RESIGNATION ACCEPTED - SUMMEREL A motion was made by Mays, seconded by Kelly, to make a determination that the need to take action on the issue of accepting the resignation of Planning commissioner Summerell arose subsequent to the agenda being posted as specified in Government Code Section 54954.2. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell „ Bannister NOES: None ABSENT: None A motion was made by Mays, seconded by Kelly, to accept, with regret, the resignation of Kevin Summerell from the Planning Commission. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell „ Bannister NOES: None ABSENT: None MANAGED GRQHT. QQMMITTEE - TO BE DISCUSSED AT RETREAT Mayor Erskine stated his concern regarding the need for advanced planning in the city. By consensus of Council/Agency the matter was scheduled for discussion at the Council/Agency retreat scheduled for February. It was suggested that the portion of the meeting dealing with the issue be videotaped for future reference, '10 Page 9 - Council/Agency Minutes - 1/4/88 1 Mayor Erskine called a. Closed Session of Council 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 Simons vs. County of Marin, et al., United States Dis- trict Court #C86 5234 MHP. Mayor Erskine called a Closed Session of Council 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 1s a party. The title of the litigation is Huntington Beach Munici- pal Employees Association vs. Thompson, et al Orange County Superior Court Case No. 44-18-25. The Mayor called a recess of Council at 9 p.m. The meeting was reconvened at 9:35 p.m. CLOSED SESSION ACTIONS Mayor Erskine announced Council action from the Closed Session as follows: Settlement„Agprov_pd - Simons vs County_of_Karin, et al Litigation 1. That the sum of $75,000 be authorized paid in settlement of Simons vs. County of Marin, et al., toward a total settlement of $225,000. 1. That the settlement agreement between the Municipal Employees Association and the City be approved and that the Mayor, City Clerk and City Administrator be authorrzed to execute said agreement on behalf of the Ci ty. 2. To appropriate, not to exceed $13,000 out of the unappropriated general funds of the City to pay any outstanding balance due the law firm of Adams, Duque & Hazeltine for preparation of the defendant's appeal brief to the California Supreme Court. 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 January 11, 1988 at 6 p.m. in Room B-8 in the Civic Center. ATTEST: H10tworth Cit lerk/Clerk Deputy City Clerk/Deputy CI&AR Ir Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Hunti =tonch, California BY Deputy Ci Cler /DepVtyX erk Mayor/Chairman