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HomeMy WebLinkAbout1994-12-05 (8)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, December 5, 1994 A videotape recording of this meeting is on file in the Office of the City Clerk Mayor Moulton -Patterson called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan, ABSENT: None RECESS The Mayor called a recess of the City Council and Redevelopment Agency. RECEPTION FOR OUTGOING COUNCILMEMBERS RECONVENE The Mayor reconvened the meeting of the City Council and Redevelopment Agency in the Council Chamber at 6:30 p.m. FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION: The Flag Ceremony, Pledge of Allegiance and Invocation was presented by Pack 463 Wolves and Bears from Carden Academy, Huntington Beach. Den Leader, Lisa Bond, Assistant Den Leader Kari Marron and Pack Committee Chair, Nanette Smith. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan, ABSENT: None 191. Page 2 - Council/Agency Minutes - 12/05/94 (City Council/Redevelopment Agency) MINUTES - APPROVED AND ADOPTED A motion was made by Leipzig, seconded by Winchell, to approve and adopt minutes of the Council/Agency adjourned regular meetings of September 12, 1994, September 20, 1994 and Special Meeting of September 12, 1994 and regular meetings of September 6, 1994 and September 19, 1994 as written and on file in the Office of the City Clerk. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) CERTIFICATION TO THE CITY COUNCIL OF CANVASS OF GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8 1994 - BY REGISTRAR OF VOTERS - RESOLUTION NO. 6658 - ADOPTED (620.20) The City Clerk presented a communication transmitting the Certification of Canvass of Election by the Registrar of Voters. (65.834% turnout - Registered voters 103,363) and Resolution No. 6658 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1994 CONSOLIDATED WITH THE COUNTY OF ORANGE, AND DECLARING THE RESULTS THEREOF. A motion was made by Sullivan, seconded by Leipzig, to adopt Resolution No. 6658. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None MAYOR LINDA MOULTON-PATTERSON'S STATEMENT Mayor Moulton -Patterson thanked everyone for their support during her year as Mayor. She stated that when she became Mayor she identified the following five specific areas as her top priorities: To maintain and further public safety, improve the business climate, promote ethical government, to address concerns for child care and youth violence, and maximum involvement in the Bolsa Chica planning process. She stated that in addition to her five priorities, the Council has also accomplished the following: Established a Mobilehome Review Board, dedication of the Children's Library and Theater at the Library, installation of traffic signals at Edison High School and Landmark, completion of Zoning Code Rewrite, began construction of Art Center, established two new Police Department substations, completion of the Downtown Specific Plan, passed ordinances against graffiti, aggressive panhandling and wild parties, approved the Cultural Master Plan, implemented a trash reduction program, dedicated Phase I of the Harriet Wieder Linear Park, and approved the Central Park Master Plan with the youth sports complex. Mayor Moulton - Patterson stated that it was a great honor to serve as Mayor and thanked the city staff, City 192 Administrator, Council colleagues, family, friends and the people of Huntington Beach. Page 3 - Council/Agency Minutes - 12/05/94 COUNCILMEMBER GRACE WINCHELL'S STATEMENT Councilmember Winchell stated that it has been a real privilege and honor to serve Huntington Beach the last eight years. She stated that she appreciated the challenge, excitement, interest and ability to work with the people of Huntington Beach and thanked all the people that supported her. COUNCILMEMBER EARLE ROBITAILLE'S STATEMENT Mayor Pro Tempore Robitaille stated that he previously had the honor of serving the city for twenty-four years with the Police Department and almost twenty years as Police Chief and it has been a pleasure serving the last four years as City Councilmember. He stated that the Council did get quite a few things accomplished and he is thankful to have been a part of it. He said thank you to a very professional staff that made it so much easier to get those things done. He thanked the people who supported him when he ran for Council four years ago. OUTGOING PRESENTATIONS BY MAYOR MOULTON-PATTERSON Mayor Moulton -Patterson presented a "Surf City Surfboard" to Mayor Pro Tem Robitaille, Councilmembers, and the City Administrator as a show of appreciation and gratitude for all the help and hard work during this past year. The City Administrator thanked Councilmember Grace Winchell, Mayor Pro Tern Earle Robitaille, Councilmember Jim Silva and Mayor Linda Moulton -Patterson on behalf of the staff and for their dedication, hard work, and integrity with which they have guided the city. RECESS -RECONVENE The Mayor called a recess of Council. The City Clerk reconvened the meeting. OATH OF OFFICE - CITY ATTORNEY The City Clerk administered the Oath of Office to the newly elected City Attorney Gail Hutton. Gail Hutton, City Attorney, thanked the citizens of Huntington Beach who have once again provided her with the opportunity to serve and stated that it a great challenge, honor and privilege. She thanked her husband for his continuing support and hard work in helping her achieve these goals for our city. She stated that she would continue do the best she can to provide the highest quality legal service possible. 193 Page 4 - Council/Agency Minutes - 12/05/94 OATHS OF OFFICE - CITY COUNCIL MEMBERS The City Clerk administered the Oath of Office to the newly elected City Councilmembers: Ralph H. Bauer, Shirley S. Dettloff, Peter Green and Dave Garofalo. Councilmember Ralph Bauer stated that he wished to thank everyone especially his wife who is present. He introduced his children and grandchildren in the audience. Councilmember Shirley Dettloff thank everyone for being here and for the hard work that was done on her behalf this last year. She stated that this is a community of people who care and we are the people that have made this city the great city that it is. She thanked her husband, Bob, and stated that without his support and help her campaign could not have gotten as far as it did. She introduced members of her family in the audience. Councilmember Peter Green stated that the city has character, personality and a rich tradition. He stated that this Council will serve the public as well as it can with all the energy and abilities that they have and that he wants the public to keep in contact with the Council and help in the discharge of the duties. He thanked all of those who encouraged, supported, and worked on his campaign. He introduced members of his family in the audience. Councilmember Dave Garofalo introduced his best friend and campaign manager, Fred Speaker, and his wife Carol. He introduced members of his family in the audience. He thanked people in the audience who helped with his campaign. RECESS -RECONVENE The City Clerk called a recess of the City Council. The Council reconvened with the City Clerk presiding. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Sullivan, Leipzig, Bauer, Dettloff, Green, Garofalo ABSENT: None COUNCILMEMBER VICTOR LEIPZIG ELECTED MAYOR The City Clerk called for a motion to elect the Mayor of the City of Huntington Beach. A motion was made by Sullivan, seconded by Silva, to elect Councilmember Vic Leipzig as Mayor of the City of Huntington Beach by acclamation. All Councilmembers rose and gave a standing ovation electing Victor Leipzig Mayor by acclamation. 194 The City Clerk administered the Oath of Office to the new Mayor. Page 5 - Council/Agency Minutes - 12/05/94 Mayor Leipzig took the gavel and placed it in front of him and asked that the city staff prepare a small wooden stand on which to place that mallet. He stated that he had no intention of touching it again for another year. He stated that the gavel is a symbol of authority not a tool and that he does not intend to use a hammer as a tool in the City of Huntington Beach. He stated that he intends to lead the city as Mayor using his words and thoughts. COUNCILMEMBER DAVE SULLIVAN ELECTED MAYOR PRO TEMPORE Mayor Leipzig declared the Office of Mayor Pro Tempore vacant and called for a motion to elect a new Mayor Pro Tempore. A motion was made by Bauer, seconded by Leipzig, to elect Councilmember Dave Sullivan as Mayor Pro Tempore by acclamation. All Councilmembers rose and gave a standing ovation electing Dave Sullivan Mayor Pro Tempore by acclamation. RECESS - REORGANIZATION OF SEATING The Mayor called a recess of the City Council at 7:35 p.m. and stated that a short reception for incoming Council will be held in Room B-8. The Council reconvened at 8:05 p.m. in the Council Chamber. PRESENTATIONS TO OUTGOING MAYOR MOULTON-PATTERSON Mayor Victor Leipzig presented outgoing Mayor Linda Moulton -Patterson with a replica of the City's Surfer Statue to commemorate her year of service as Mayor. PRESENTATIONS TO NEW MAYOR LEIPZIG Outgoing Mayor Moulton -Patterson presented Mayor Leipzig with a gavel for his desk at home. Mayor Leipzig introduced his wife Dr. Luann Murray who introduced the presenters of the next award, George and Margarite Leipzig, the Mayor's parents. George and Margarite Leipzig presented Mayor Leipzig with a symbol of authority, a gavel inscribed "It's in the Genes". 195 Page 6 - Council/Agency Minutes-12/05/94 COMMENTS BY NEWLY ELECTED MAYOR Mayor Leipzig thanked his supporters during the campaign and his first two years as a City Councilmember. He introduced member of his family in the audience. He stated that over the past two years he has worked hard to try to repay the trust of the people who put him in office and that he will continue to do that as Mayor. He congratulated the new City Councilmembers and stated that it is an excellent group of individuals that he knows will bring honor to our city. He congratulated Councilmember Silva on his victory in the Supervisor's race and stated that he looked forward to working with him in his new capacity next year. He stated that he wants to continue the city's emphasis on public safety, improving the business climate, and open government. He stated that if there is an idea or slogan associated with his year as Mayor it would be that the City of Huntington Beach has an open door policy at its City Hall and its government. He stated that what he would like to do as Mayor is to set up regular office hours and invite the public with any concerns to come to City Hall and he will talk to them about any problem and give them more than three minutes. COMMENTS BY NEWLY ELECTED MAYOR REGARDING PUBLIC COMMENTS Mayor Leipzig spoke regarding the scheduling of the public comments section of the agenda. He stated that he had discussed this issue with City Councilmembers and members of the public. He stated that what he believes is the best approach to see to it that our agenda is actually dealt with in a fair and timely manner is for the Mayor to actually take a meeting by meeting approach to the scheduling of the public comments section. He stated that with major public hearing items, it is appropriate for those items to be moved up on the agenda prior to public comments. The City Clerk announced a communication received and distributed to Council from Carl Weaver dated December 5, 1994 in opposition to the hearing regarding acquisition of property by eminent domain. PUBLIC COMMENTS Chris Taylor started to speak. Mayor Leipzig stated that Mr. Taylor was speaking regarding a public hearing item (acquisition of property by eminent domain) and he had asked for public comments first. The Mayor stated that his item would be taken up after the five public comment speakers. The City Attorney stated that this was a notice hearing (acquisition of property by eminent domain) and the property owners have been notified. She stated that this is not a public hearing and that by statute only those people who were notified are allowed to speak. The Mayor stated that Council would discuss that when the item came up. Page 7 - Council/Agency Minutes - 12/05/94 The City Clerk announced the following late communications received and distributed to Council pursuant to the Brown Act and stated that copies are available for the public: Revised Agenda Pages five (5), twelve (12) and thirteen (13); Robert Fisher, Harbors, Beaches and Parks Director, dated November 30, 1994 regarding the conveyance of Linear Park Parcel to Orange County; Ray Silva, Assistant City Administrator/Acting Director of Public Works, dated December 5, 1994 regarding Revised Language of the Seapoint Street Agreement; Gail Hutton, City Attorney, dated December 1, 1994 regarding Council's choices to fill the City Council vacancy; Barry Bussiere, Huntington Beach/Fountain Valley Association of Realtors President, dated December 5, 1994 urging the appointment of the candidate receiving the next highest vote; and Carl Weaver dated December 5, 1994 in opposition to the hearing regarding acquisition of property by eminent domain. Mike Roberts, Boys and Girls Club of Huntington Valley representative, welcomed the new City Councilmembers and thanked Council for their past and continued support of the Boys and Girls Clubs. He stated that the facility services two hundred and fifty (250) or more children every day and provides positive impact on this needy neighborhood. He invited City Councilmembers to stop by the facility for a tour. Pam Julien spoke regarding the vacancy which will occur when Councilmember Silva resigns to take his seat as a member of the Orange County Board Supervisors. She urged the City Council to accept applications and hold public interviews to determine the most qualified individual. She spoke in support of the Fourth of July Board Budget and urged Council approval as presented. Martin Richelli congratulated the new City Councilmembers, Mayor and Mayor Pro Tern and Mr. Silva on his election. He spoke in support of the Council selecting the person with the fifth highest votes in the election to fill the Council vacancy. He stated that he did not think it was right for Council to take applications and hold interviews to fill the vacancy as it would not be fair to the people who voted in the election. Tom Livengood congratulated the new City Councilmembers and the new Supervisor. He spoke in support of using an open, democratic process in the filling of the soon to be vacant Council seat. He spoke in support of an application process similar to the one used two years ago. Chuck Nelson, Amigos de Bolsa Chica President, congratulated the new City Councilmembers and the new Supervisor. He spoke in support of the conveyance of the Linear Park parcel to the county in order to complete the park. He spoke in support of an application process in the filling of the Council vacancy when Mr. Silva goes to the county. He stated that the process should be open to public review and comment. Gary Miller congratulated the new City Councilmembers. He stated that he had twenty-one years of investment business experience and had reviewed the Orange County portfolio over the weekend. He stated that the city should not be panicked into making withdrawals from the fund and to develop guidelines to prohibit the use of leverage with taxpayers funds being invested. 197 Page 8 - Council/Agency Minutes - 12/05/94 (City Council) STATUS REPORT REGARDING ORANGE COUNTY BANKRUPTCY The City Treasurer presented a status report regarding the Orange County Investment Fund and its effect on the city, how funds were handled, and what the county and city are doing to resolve the problem. He stated that the county has hired an outside consultant, which is Capital Risk Managers, to review the portfolio that they have, ascertain what its marketability is, to look at various scenarios, and that the report would be presented to participants the week of December 19th through the 23rd to review findings and determine what actions need to be taken. Report Requested Regarding Percentage of Return on Investments Over the Last Ten Years Councilmember Garofalo requested a chart report by the next meeting on the percentage return on our investment over the last ten years annually. He requested that the City Treasurer report to the City Administrator every ten days on the status of his plan to continue the normal average withdrawal of three to six million dollars per period and if that is going well, also come up with a strategy recommended by staff to begin a friendly process that would result in some realization by the county that they have more responsibility than just disclosing the problem, they have a responsibility to help solve it financially. The City Treasurer reported that the city started investing the Orange County Investment Pool in 1991 and that he would provide those numbers. He stated that if there is new news of significance, it will be reported on a daily basis and at least a weekly update on how the bankruptcy is proceeding. Discussion was held by Council and staff regarding Property Tax Revenue, Tax Revenue Anticipation Note, the liquidity problem, rise in interest rates, automatic deposits to the fund have stopped, deferral of major city projects, and city cash flow sufficient to pay bills. Mayor Leipzig summarized the reporting procedures and requested a Study Session on December 19, 1995 regarding a description of the portfolio, history of investment success and look toward the future and take steps recommended such as hiring an outside advisor, consider the outcome of liquidation of the pool, and cooperative undertakings that the city may be able to generate with other investors in the pool. (City Council) CITY ADMINISTRATOR'S REPORT REGARDING BOLSA CHICA DEVELOPMENT AGREEMENT WITH COUNTY OF ORANGE The City Administrator reported regarding a meeting of the Orange County Planning Commission he attended on November 30, 1994 on the Bolsa Chica project. The Orange County Planning Commission approved the Environmental Impact Report, Local Coastal Program, General Plan Amendment, Zone Change, Community Profile Amendment, and Circulation Element, for a project that would be a total of thirty-three hundred (3,300) units. He stated that the project is intended to go before the Board of Supervisors on December 14, 1994 for consideration. He reported that a Development Agreement is being negotiated with the Koll Company and the county and is intended to go before the Board of Supervisors on February 7, 1995. He stated that a copy of the document will be available for the city to review in the next week. 198 Page 9 - Council/Agency Minutes - 12/05/94 (City Council) NOTICED HEARING - GARFIELD AVENUE WIDENING BETWEEN GOLDENWEST AND MAIN STREETS - ACQUISITION OF PROPERTY BY EMINENT DOMAIN - RESOLUTION OF NEED AND NECESSITY NO. 6655 ADOPTED - AP NO. 111-110-07 AP NO. 111-110-10, AP NO. 111-110-14, AP NO. 111-130-05, AP NO. 111-130 11 12 AP NO. 111- 140-04, 05, 06, AP NO. 111-140-08, AP NO. 111-140-09, AP NO. 159-281-03 (650.50) The Mayor announced that this was the day and hour set for a noticed hearing to consider adoption of Resolution No. 6655 pertaining to the acquisition of property necessary to the widening of Garfield Avenue between Goldenwest and Main Streets. The City Clerk presented Resolution No. 6655 for Council adoption - "A RESOLUTION OF PUBLIC NECESSITY OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY TO PERMIT STREET WIDENING." The City Clerk announced a communication received and distributed to Council from Carl Weaver dated December 5, 1994 in opposition to the hearing regarding acquisition of property by eminent domain. The City Attorney presented a staff report regarding the eminent domain law Robert Franz, Deputy City Administrator Administrative Services, reported regarding the need for this property for the widening of Garfield Avenue and stated that it is an integral part of the implementing of the Holly Seacliff Development Plan. Mayor Leipzig declared the public hearing open. The City Clerk stated that a public comment form was handed to her at the meeting from Chris Taylor but she did not know if the person submitting same was a property owner. Mr. Taylor did not come forward to speak when his name was called by the City Clerk. Discussion ensued between Council and the City Attorney relative to the procedure which would be followed wherein speaking on the item would be restricted to those who own property or to allow the public in general to comment. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Green, seconded by Silva, to adopt Resolution No. 6655 following the statutory procedure provided by the City Attorney, approve the Resolution of Need and Necessity and authorize the Mayor and City Clerk to execute the same. The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green NOES: None ABSENT: Garofalo (out of room) 199 Page 10 - Council/Agency Minutes - 12/05/94 (City Council) ADMINISTRATIVE PUBLIC HEARING - ORDINANCE NO. 3273 - BURGLAR ALARM REGULATIONS - RESOLUTION NO. 6656 - ESTABLISHING FEES FOR BURGLAR ALARM BUSINESSES AND SUBSCRIBERS (640.10) The Mayor announced that this was the day and hour set for a administrative hearing for the purpose of receiving input in a public meeting concerning changing the Huntington Beach Municipal Code Section 5.56 regulating Burglar Alarms and a resolution establishing fees for burglar alarm businesses and subscribers. The City Clerk presented Ordinance No. 3273 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.56 OF THE MUNICIPAL CODE PERTAINING TO BURGLAR ALARMS." and Resolution No. 6656 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR BURGLAR ALARM BUSINESSES AND ALARM SYSTEM SUBSCRIBERS." Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. The Police Chief presented a staff report. There was no one present to speak on the matter and there were no protests filed, either oral or written. Councilmember Green requested clarification of the recommended action. The City Clerk responded. In response to Councilmember Bauer, the Police Chief reported regarding the annual fee for business alarms and non -response status for repeated false alarms. The City Treasurer reported regarding the fees. In response to Councilmember Bauer, the Police Chief stated he would get follow-up data on who is paying the alarms fees and who is not. A motion was made by Silva, seconded by Garofalo, to approve the recommended action. Councilmember Green stated that he would like to suggest that Councilmembers with specific detailed questions with difficult answers meet prior to the meeting with the Chief of Police, Fire Chief or any other member of the staff and consult with the staff in order to expedite the meeting. He stated that he would like to see things move a little more rapidly. 200 Page 11 - Council/Agency Minutes - 12/05/94 The motion was made by Silva, seconded by Garofalo, to approve introduction of Ordinance No. 3273, after reading by title, and adopt Resolution No. 6656. The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Green) agreement with Strumwasser and Woocher for legal services in the defense of city in Righeimer v. City/Hutton (City Campaign Ordinance) and retrofitting of lighting of the Civic Center Complex and older portions of Central Library building, and (Sullivan) request for proposal for City Council team building workshop. CONSENT CALENDAR - ITEMS APPROVED On motion by Green, second Bauer, Council approved the following items as recommended by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) CITY'S CONSENT TO CONVEYANCE OF LINEAR PARK PARCEL 7a TO COUNTY OF ORANGE FROM PACIFIC COAST HOMES - QUITCLAIM RELINQUISHING CITY'S OPTION TO ACQUIRE PARCEL 7a PER HOLLY-SEACLIFF DEVELOPMENT AGREEMENT - APPROVED (600.10) - The City Council agreed to the conveyance of Linear Park Parcel 7a from Pacific Coast Homes to the County of Orange and also approved the Quitclaim Deed for A.P. 110-015-79 which relinquishes the City's option to acquire Parcel 7a as required by Section 4.2 and Section 2.2.1(a)(7) of the Holly-Seacliff Development Agreement No. 90-1. A communication was received and distributed to Council from Robert Fisher, Harbors, Beaches and Parks Director, dated November 30, 1994 regarding the conveyance of Linear Park Parcel to Orange County. (City Council) BID AWARD - PARKE INDUSTRIES, INCORPORATED - RETROFITTING OF LIGHTING - CIVIC CENTER COMPLEX AND OLDER PORTIONS CENTRAL LIBRARY BUILDING - APPROVED (600.80) Accepted the low bid of Parke Industries, Incorporated in the amount of $226,133.69 for the retrofitting of the lighting in the Civic Center Complex and the older portion of the Central Library Building, authorize the Acting Director of Public Works to expend $248,747 to cover contract costs of $226,134 and anticipated construction change orders of $22,613, hold bid bonds on the lowest three bidders until execution 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: 201 Page 12 - Council/Agency Minutes-12/05/94 Park Industries, Incorporated $226,133.69 Morrow Meadows $227,060.00 Osram Sylvania $249,526.00 Pacific Energy Management Company $322,938.93 Councilmember Garofalo spoke in support of the project and complimented staff on the foresight to put less pollutants in the air and come up with a program that would pay for itself in forty-eight months. Mayor Leipzig thanked Councilmember Peter Green who four years ago was in part responsible for drawing these funds to the city for this project. (City Council) ENVIRONMENTAL BOARD REQUEST - ENVIRONMENTAL AWARDS PROGRAM - APPROVED (110.10) - Approved the Environmental Awards Program as proposed by the Environmental Board and appropriate $800 to implement the program for 1995. (City Council) AMICUS CURIAE BRIEF - TEST FOR DETERMINING SCOPE OF EMPLOYMENT FOR PURPOSES OF INDEMNIFICATION - FARMERS/NELSON V COUNTY OF SANTA CLARA - APPROVED (630.50) - Approved joining in amicus brief concerning the test for determining scope of employment for purposes of indemnification, Farmers/Nelson v. County of Santa Clara. (City Council) AGREEMENT - COUNTY OF ORANGE - RIGHT OF ENTRY TO REFUSE DISPOSAL STATION NUMBER 10 - EAST OF GOLDENWEST STREET AND SOUTH OF TALBERT AVENUE - SOLID WASTE ASSESSMENT TESTS - RESOLUTION NO. 6657 - ADOPTED (600.25) - Approved Amendment No. 4 to Right of Entry Agreement between the city and the County of Orange extending the right of entry to Refuse Disposal Station Number 10 and adopted Resolution No. 6657 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AMENDMENT NO. 4 TO THE RIGHT OF ENTRY AGREEMENT WITH THE COUNTY OF ORANGE EXTENDING THE RIGHT OF ENTRY TO REFUSE DISPOSAL STATION NO. 10. (City Council) AGREEMENT - STRUMWASSER AND WOOCHER - LEGAL SERVICES - DEFENSE OF CITY IN RIGHEIMER V CITY/HUTTON - CITY CAMPAIGN ORDINANCE - APPROVED AS AMENDED (600.10) The City Clerk presented a communication from the City Attorney entitled approved Agreement for Legal Services with Strumwasser & Woocher for defense of City in Righeimer v. City/Hutton and appropriate funds for such legal services dated December 5, 1994. Councilmember Green questioned the expenditure of seventy thousand dollars ($70,000) for outside legal services and asked the City Attorney if someone within the City Attorney's Office could handle the case as it was not a complicated legal issue having to do with constitutional law and the City Charter. 20.2 Page 13 - Council/Agency Minutes - 12/05/94 The City Attorney stated this case was being defended by the City Attorney's Office prior to the Council request that an outside firm be utilized. The city has incurred some expenses in utilizing their services and will have a short period of wind up were the city to take over the litigation. The City Attorney's Office was handling the litigation through the hearing that took place before the election with some advice from the special counsel. A motion was made by Green that Council not approve the Agreement between the City of Huntington Beach and Strumwasser & Woocher. The City Attorney reported that because some expenses have been incurred, the agreement should be approved with a reduction in funding to ten ($10,000) or twenty thousand dollars ($20,000). A motion was made by Green to terminate the Agreement between the City of Huntington Beach and Strumwasser & Woocher for legal services for Righeimer v. City/Hutton at the present level of funding. The City Attorney stated that there is no level of funding. She stated that this is the first contract that is before the Council and the firm was requested to "jump in" while the City Attorney's Office was preparing the contract for the agenda. Councilmember Green stated his intent to terminate their services (Strumwasser & Woocher) and have staff in-house take over the defense and asked the City Attorney how to phrase his intent. The City Attorney stated that Council would adopt the agreement and limit the funding and recommend that it (the agreement) be wound down and terminated. Further discussion was held between Councilmember Green and the City Attorney. A motion was made by Green to limit the funding to that which has been expended up to the present. Councilmember Silva seconded the motion. Mayor Leipzig stated that the motion was to allocate funding sufficient to pay the city's existing bills. The City Attorney reported regarding the status of the litigation being handled by Robert Sangster, Deputy City Attorney. She stated that there would be a period of wind down time (with Strumwasser & Woocher) and requested a funding level of twenty thousand dollars ($20,000) to cover that wind down period. An amendment to the motion was made by Garofalo, accepted by Green and Silva, not to exceed twenty thousand dollars ($20,000). Mayor Leipzig spoke in opposition to the motion as he favored the hiring of outside counsel to supplement the forces of our City Attorney in this important constitutional case. 203 Page 14 - Council/Agency Minutes - 12/05/94 The City Clerk repeated the motion made by Green, seconded by Silva, and amended by Garofalo, to approve and also authorize execution by the Mayor and City Clerk the Agreement (with Strumwasser & Woocher) as amended to limit funding to that which has been expended not to exceed twenty thousand dollars ($20,000). The motion carried by the following roll call vote: AYES: Silva, Sullivan, Green, Garofalo NOES: Bauer, Leipzig, Dettloff ABSENT: None (City Council) REQUEST FOR PROPOSALS FOR FACILITATOR - CITY COUNCIL TEAM BUILDING WORKSHOP -APPROVED (120.30) The City Clerk presented a communication from the City Administrator dated December 5, 1994 regarding a request for proposal for a City Council Team Building Workshop. Councilmember Sullivan stated that he would vote for this item but given our fiscal problems, he would look very hard at the bid that comes back and that it may be a luxury the Council will have to forego. Mayor Leipzig called for all Councilmembers to communicate their views to the City Administrator in writing about the nature of the workshop that would be useful. The City Administrator responded that he would like to have a Council Committee work with him on the design of the workshop. Mayor Leipzig stated that he would appoint a Council Committee and that each Council Committee should have a chairman and he would be certain to appoint a chairman for all committees in the future. He stated there were concerns regarding ad hoc committees and standing committees because there were different Brown Act requirements on those two kinds of committees. He stated that this will be an ad hoc committee and will be treated as such for purposes of the Brown Act. Mayor Leipzig volunteered to serve as Chairman and Councilmembers Garofalo and Dettloff were appointed to the Council Committee. Councilmember Garofalo requested that, in light of an ever decreasing sales tax revenue to the city, that this be held locally, in-house and keep the expense down. A motion was made by Sullivan, seconded by Green, to direct the City Administrator to distribute a Request for Proposal (RFP) for the purpose of employing the services of a facilitator to conduct a one -day City Council workshop. The motion carried by unanimous vote. (City Council) FOURTH OF JULY - PROPOSED BUDGET AND OVERTIME COSTS - APPROVED AS AMENDED (960.30) The City Clerk presented a communication from the Director of Community Services regarding the 204 proposed 1994/95 budget as presented by the Fourth of July Board. Page 15 - Council/Agency Minutes - 12/05/94 Bill Fowler, Community Services Superintendent, presented a staff report using slides of the 1994-95 Proposed Fourth of July Income/Expense Summary Parade/Fireworks/Run. Bob Traver, Fourth of July Board President, spoke in support of the proposed budget and stated that he is available to answer questions. In response to Councilmember Dettloff's question, Mr. Traver reported regarding the income expected from the Casino Night Fundraising Event. In response to Councilmember Garofalo's questions, Mr. Fowler and Mr. Traver reported regarding actual 1994 expenses for celebrities, public relations services, merchandising, and Channel 3 budgeting. A motion was made by Garofalo, seconded by Leipzig, to approve the 1994/95 proposed budget as presented by the Fourth of July Board, adopt an amendment to the 1994/95 budget appropriating from General Fund Unappropriated Fund Balance $35,141 to support city services for the Fourth of July activities and submit for the next meeting a comparison of the actual 1994 line item income and expense to coincide with 1995 projected income and expense. The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) AGREEMENT - EXTENSION OF SEAPOINT AVENUE FROM PALM AVENUE TO PACIFIC COAST HIGHWAY - SEACLIFF PARTNERS - APPROVED AS AMENDED (600.10) The City Clerk presented a communication from Director of Community Development regarding a condition of approval of Tentative Map 14134 requiring construction of the extension of Seapoint Street from Palm Avenue to Pacific Coast Highway prior to final inspection of the first unit within the development. An agreement is proposed which will provide for future construction of the street extension. The Assistant City Administrator presented a staff report. The following communications were received and distributed to Council from: Tom Zanic, Seacliff Partners, dated August 4, 1994 requesting a resolution regarding the timing of the condition compliance pertaining to Seapoint Street. A communication from Ray Silver, Assistant City Administrator, dated December 5, 1994 regarding Revised Language for the Seapoint Street Agreement. Councilmember Dettloff requested conformation of what was her understanding that this action was only to resolve a problem between two state agencies. Councilmember Garofalo stated that it may not have been a city issue but it was definitely not the applicants responsibility. 2.0 5 Page 16 - Council/Agency Minutes - 12/05/94 Councilmember Silva asked if the applicant was aware of the memo containing revised language. The City Administrator stated that the applicant was aware of the revised language. A motion was made by Dettloff, seconded by Green, to approve and authorize execution by the Mayor and City Clerk of the Agreement between the city and Seacliff Partners for completion of off -site improvements as required by the Conditions of Approval for Tentative Tract Map No. 14134, approve the following amended language to insert in the Agreement as set forth in the Assistant City Administrator's letter dated December 5, 1994 as follows: 3. REIMBURSEMENT FOR OFFSITE IMPROVEMENTS; WAIVER OF SECURITY Pursuant to Condition of Approval 3(e) of the aforesaid Tentative Tract Map, CITY shall reimburse SEACLIFF for the non -project share of offsite improvements. Therefore, CITY hereby waives any security for the performance of this agreement that may be required by statute or otherwise. The motion carried by unanimous vote: (City Council) EMPLOYMENT AGREEMENT - SELECTION OF DIRECTOR OF PUBLIC WORKS - LES JONES - APPROVED AS AMENDED (600.10) The City Clerk presented a communication from the Director of Personnel regarding the selection of the Director of the Public Works Department and transmitting an employment agreement for Les Jones for Council consideration. The City Administrator presented a staff report. Discussion was held by Council and staff regarding collective bargaining and contract employees having the same benefit structure as other employees. The City Attorney amended the Agreement to correct typographical errors on pages seven and eight. A motion was made by Garofalo, seconded by Green, to consider the City Administrator's recommendation on appointment of the Director of Public Works and approve and authorize execution by the City Administrator and City Clerk of the proposed Employment Agreement between the city and Les Jones as amended by correction of typographical errors by the City Attorney. The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 20.6 Page 17 - Council/Agency Minutes - 12/05/94 (City Council) CITY COUNCIL VACANCY - PROCEDURE APPROVED (120.40) The City Clerk presented a communication from the City Administrator regarding the options available to the City Council for filling the vacancy which will occur when Councilmember Silva resigns to take his seat as a member of the Orange County Board Supervisors together with a communication dated November 30, 1994 from the City Clerk entitled: Information Regarding Filling Council Vacancy By Special Municipal Election.. The following communications were received and distributed to Council from: Gail Hutton, City Attorney, dated December 1, 1994 regarding Council's choices to fill the City Council vacancy and Barry Bussiere, Huntington Beach/Fountain Valley Association of Realtors President, dated December 5, 1994 urging the appointment of the candidate receiving the next highest vote. The City Clerk presented a report regarding filling of the Council vacancy by Special Municipal Election. Councilmember Silva spoke in opposition to a special election due to the cost and spoke in support of the first runner-up in the last election being appointed to take his place. Councilmember Green stated that the process should not be rushed as the Council has sufficient time to make an appointment. He stated that the following steps should be included: n assessment of the present Council strengths and weaknesses, needs of the city itemized, job specifications written down, advertise for the position, and look at those people who apply to see how well they fit into this Council. A motion was made by Leipzig that the Council adopt Alternative No. 2 as described by the City Clerk. Councilmember Garofalo asked Mayor Leipzig to reconsider the motion and go through the process of the alternative of a special election first. The City Clerk stated that the alternatives were presented by the City Administrator not the City Clerk's Office. Motion To Fill Council Vacancy By Special Election - FAILED A motion was made by Green, seconded by Garofalo, that the Council decide now to fill this seat when it becomes available by special election. The motion FAILED by the following roll call vote: AYES: Silva, Garofalo NOES: Bauer, Sullivan, Leipzig, Dettloff, Green ABSENT: None 207 Page 18 - Council/Agency Minutes-12/05/94 Motion to Fill Council Vacancy by Fifth Highest Vote Getter - FAILED A motion was made by Garofalo, seconded by Silva, that in lieu of the absence of an application process that the fifth highest vote getter (in the November 8, 1994 election) be appointed to the vacant position not disallowing that person from applying through the application process should that person through this motion not be appointed. The Mayor stated that the motion might be out of order as it may constitute a motion to fill the seat for which there is no vacancy. The Mayor asked the City Attorney if she has any concerns along that line. The City Attorney reported that the City Charter states that a seat cannot be filled before there is a vacancy and that Council had been considering a methodology for the replacement. Councilmember Garofalo restated the motion that in the occurrence of a vacancy in the next thirty -days, that position be filled with the fifth highest vote getter not seated at this election without any regard for his or her ability in the future to apply for such a vacancy. The motion FAILED by the following roll call vote: AYES: Silva, Garofalo NOES: Bauer, Sullivan, Leipzig, Dettloff, Green ABSENT: None Motion To Fill Council Vacancy by Appointment - Approved A motion was made by Green, seconded by Leipzig, to accept applications for the vacant seat following a process like that used in filling the last City Council vacancy. An amendment to the motion was made by Garofalo, accepted by Green and Leipzig, that the process follow a retreat period to which Council would spend some very highly focused time on a needs assessment of the City Council and our community; that the selection process follow a process of introspective analysis of what our needs are and match that vacancy with what our needs analysis is. The City Clerk restated the motion made by Green, seconded by Leipzig, and amended by Garofalo, to follow the processes under No. 2 and to take the final step only after the consideration of criteria used in making the selection. An amendment to the motion was made by Garofalo, accepted by Green, that the final step include an assessment of our needs to determine what the qualification of the potential applicant will be. The City Clerk restated the motion made by Green, seconded by Leipzig and amended by Garofalo, to follow the processes under No. 2 and to take the final step only after the consideration of criteria used in making the selection after taking an assessment of the city's needs. Page 19 - Council/Agency Minutes - 12/05/94 The motion was restated by Green, seconded by Garofalo, that the City Council accept applications for the vacancy following the process like that used in filling the last City Council vacancy after an assessment of the strengths and weaknesses of the present Council and an assessment of the needs our community at which time we can determine the qualities of the person that we would consider ideal. The restated motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Silva ABSENT: None Considerable discussion was held by Council and staff. Motion To Submit Criteria To City Clerk For Council Selection by Noon, Friday, December 9, 1994 - Applications For The Position Be Accepted Until December 15, 1994 - FAILED A motion was made by Leipzig, seconded by Bauer, that all seven Councilmembers immediately turn their attention to the issues that have been raised here and submit to staff member, Pat Dapkus, Administration Management Assistant, their written views on criteria to be used in making this selection by noon Friday, December 9, 1994, this week; that those written statements be distributed to the Councilmembers prior to the close of business on Friday and on Monday, December 12th, after the discussion of the Orange County Investment Pool, have an adjourned meeting and discuss those written comments that have been submitted and that constitute the mini -retreat that has been discussed to establish those criteria and that at the same time Council decide to accept applications from those who would seek this office, that Thursday, December 15th be selected as the deadline for submission of those applications and that the public be given two weeks in which to make application for the slot. At the close of business on Friday, copies of the applications be distributed to all Council and that Council review those applications and submit, just as was done two years ago the top two preferences, to the city staff who will then set up interviews which would happen four weeks from now with timing at the last of that week in time for a selection on January 3, 1995. Discussion was held by Council and staff. The City Clerk stated that the last time we had the application process the City Clerk's Office was selected by Council as the receiving office. She stated there would be no problem having information submitted to the City Administrator's Office as long as the criteria material is made is available to the public as it is a public record. An amendment to the motion was made by Mayor Leipzig, accepted by Bauer, that the City Clerk's Office is the more appropriate destination for submission of the applications at whatever time is selected for that deadline. The City Clerk stated that copies will be made available to the public. 20:9 Page 20 - Council/Agency Minutes - 12/05/94 The motion FAILED by the following roll call vote: AYES: Bauer, Leipzig NOES: Silva, Sullivan, Dettloff, Green, Garofalo ABSENT: None Motion To Agree On Qualifications For The Position by Monday, December 19, 1994 - The Process For Filling The Vacancy Shall Not Exceed The Time Deadline Of January 31, 1995 - Approved A motion was made by Garofalo, seconded by Green, that a process be put in place establishing December 15th as the deadline for Council to agree on the qualifications for the position and that qualifications for the position shall include an assessment of our needs as a City Council and a city and that the process of filling the vacancy shall not exceed the timeline of January 31, 1995 and that process to be conducted with the use of the City Clerk's Office as the depository for the applications. An amendment to the motion was made by Leipzig, accepted by Garofalo and Green, establishing the close of business on Monday, December 12th as the deadline for Council to submit qualifications for the position and discussion of the criteria at the December 19, 1994 Council meeting with a commitment to completion of the process by the end of January, 1995. The amended motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Silva ABSENT: None Motion For Meeting To End at 11:55 P.M. - FAILED A motion was made by Silva to adjourn the meeting (at 11:55 p.m.). The motion FAILED for lack of a second. Councilmember Silva left the meeting. Discussion Held Reaardina Continuance Of Items On Aqenda The City Attorney stated that there was one Closed Session on which she must receive an answer from the City Council regarding City vs. Main; Thomas. The City Administrator reported that the intent was to have a meeting next Monday night on Labor Relations Closed Session and a discussion on the Bolsa Chica Project and continue the rest of these items to next Monday (December 12, 1994). The City Clerk requested minute action on appointment to the Sanitation Districts. 210 Page 21 - Council/Agency Minutes - 12/05/94 Discussion was held by Council and staff regarding continuance of items on this agenda to December 19, 1994. The City Administrator stated that Council needed to schedule the discussion of the Bolsa Chica issues, continue the remainder of the agenda to December 19, 1994 except for the one Closed Session item. Motion To Continue Meeting To Address Items Identified By The City Administrator A motion was made by Green, seconded by Garofalo, that the Council carry on with the meeting to address those items that have been identified by the City Administrator. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Silva Meeting Scheduled for December 12, 1994 - Closed Sessions Regarding Bolsa Chica and Labor Relations - Approved A motion was made by Leipzig, seconded by Garofalo, that the meeting on December 12, 1994 include two Closed Session items the on Bolsa Chica with Erwin, Cohen and Jessup and Labor Relations at 5:30 p.m. The City Attorney clarified the motion to include a presentation by the law firm of Erwin, Cohen and Jessup and stated that the budget for that project had been depleted and funding would need to be reallocated for the presentation. Mayor Leipzig stated that his motion includes that eventuality if necessary and he believed that it is absolutely essential to have the full new Council have this meeting with the attorneys even if they have to charge for it. Councilmember Green spoke in opposition to the motion and to the amount of money going to outside law firms. Councilmember Garofalo spoke in opposition to the motion and asked if any of this law firm's recommendations have been incorporated in any of the county work to date. The Community Development Director reported that many of the comments made by the city, which were primarily generated by the law firm, were incorporated into the final Environmental Impact Reports. Councilmember Sullivan suggested that the new Councilmembers who wonder why the previous Council voted to spend this money look at the Fiscal Impact Report of the Bolsa Chica Project which was generated by our consultants saying at a minimum this project as currently designed will cost the city sixty million dollars ($60,000,000) so what that Council was doing was protecting the interest of the citizens. 211 Page 22 - Council/Agency Minutes - 12/05/94 Mayor Leipzig pledged to work with the City Attorney's Office and to discuss the matter (of the fee) with the law firm and see what can be done along those lines. The City Clerk repeated the motion. An amendment to the motion was made by Green that Erwin, Cohen and Jessup give a seminar at no further expense to the city. The amendment was not accepted by Mayor Leipzig, the maker of the motion. An amendment to the motion was made by Sullivan that this whole discussion include a report by the City Administrator on the status of the Bolsa Chica. The City Administrator stated that he can only discuss things that are appropriate in a Closed Session. The original motion made by Leipzig, seconded by Garofalo, carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff NOES: Green, Garofalo ABSENT: Silva The City Attorney stated that she was unclear as to whether she has the authority to use the money that remains appropriated for costs on the subject of legal fees. Mayor Leipzig responded to the affirmative. (City Council) COUNCILMEMBER BAUER - PROPOSAL TO RETAIN ERWIN, COHEN AND JESSUP AS LEGAL COUNSEL REGARDING BOLSA CHICA PROJECT - CONTINUED TO DECEMBER 12, 1994 (600.10) (City Council) MAYOR LEIPZIG'S PROPOSAL FOR BOLSA CHICA PROJECT - REVIEW OF LITIGATION OPTIONS - REQUEST FOR THIRTY -DAY CONTINUANCE OF THE BOLSA CHICA DEVELOPMENT AGREEMENT - CONTINUED TO DECEMBER 12, 1994 (City Council) ORDINANCE NO. 3269 - STORAGE OF VEHICLE PARKED LESS THAN ONE HOUR -CONTINUED TO DECEMBER 19, 1994 (640.10) (City Council) COUNCILMEMBER GAROFALO - PROPOSAL TO CREATE AN ECONOMIC DEVELOPMENT COMMISSION -CONTINUED TO DECEMBER 19, 1994 (110.10) (City Council) COUNCILMEMBER GAROFALO - PROPOSAL TO ESTABLISH AN ANNUAL PRAYER BREAKFAST - CONTINUED TO DECEMBER 19 1994 (120.10) 211 Page 23 - Council/Agency Minutes - 12/05/94 (City Council) MAYOR LEIPZIG'S PROPOSAL TO RE -DESIGNATE REDEVELOPMENT COMMITTEE TO BE THE ECONOMIC DEVELOPMENT COMMITTEE - CONTINUED TO DECEMBER 19, 1994 (120.10) (City Council) MAYOR LEIPZIG'S CITY COUNCIL LIAISON APPOINTMENTS - CONTINUED TO DECEMBER 19, 1994 (120.20) CLOSED SESSIONS - CONTINUED TO DECEMBER 19, 1994 Closed Session - City Council pursuant to Government Code Section 54956.9(C) to confer with its City Attorney regarding Pending Litigation - Council has decided to initiate or is deciding whether to initiate litigation - Settlement of claim of Anthony and Langford - continued to December 19, 1994. (120.80) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Director of Personnel and Dan Cassidy, Esquire of Liebert, Cassidy and Frierson regarding Labor Relations Matters - Marine Safety Officers Association (MSOA), Police Officers Association (POA), Police Management Association (PMA), Municipal Employees Association (MEA), Municipal Employees Organization (MEO), Huntington Beach Firemens' Association (HBFA), Surf City Lifeguard Employee Association (SCLEA) and Non -Associated - continued to December 19, 1994. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's -negotiator, Ron Hagan, regarding negotiations with Fifties Drive -In, Incorporated concerning the assignment of lease of Maxwells, located at Pierside Pavilion. (City Council) ASSIGNMENT OF LEASE - MAXWELLS BY THE SEA - WPL INDUSTRIES - FIFTIES DRIVE-IN, INCORPORATED - CONTINUED TO DECEMBER 19, 1994 (600.35) RECESS The Mayor called a recess of the City Council and Redevelopment Agency. CLOSED SESSION 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 Litigation which has been initiated formally and to which the city is a party. The title of the litigation is City v. Main; Thomas - continued to December 19, 1994. (120.80) 213 Page 24 - Council/Agency Minutes - 12/05/94 RECONVENE The Mayor reconvened the meeting of the City Council and Redevelopment Agency in the Council Chamber. ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY Mayor Leipzig adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, December 12, 1995 at to 5:30 p.m., in the Council Chambers, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: 5 City Clerk/Clerk Clerk of the Redevelopment Agency and the City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California oo Mayor/Chairman 214