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HomeMy WebLinkAbout1995-07-05MINUTES CITY COUNCIUREDEVELOPMENT AGENCY 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Wednesday, July 5, 1995 Mayor Leipzig called the adjourned 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 Council/Redevelopment Agency Roll Call PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None Recess The Mayor called a recess of the City Council and Redevelopment Agency. Closed Session The Mayor called a recess of the City Council and Redevelopment Agency for the purpose of considering the following Closed Session items: Closed Session - 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 Juan Rios Campa v. City U. S. District Court Case No. SACV93-735LTL. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's Negotiator, Ray Silver, regarding negotiations with Jon Coultrup Concerning the Coultrup Disposition and Development Agreement. (400.50) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer with the following employee organizations: Marine Safety Officer's Association (MSOA), Police Officer's Association (POA), Police Management Association (PMA), Municipal Employees Association (MEA), Municipal Employees Organization (MEO), Huntington Beach Firemens' Association (HBFA), Surf City Lifeguard Employees Association (SCLEA). (120.80) 331 Page 2 - City Council/Redevelopment Agency Minutes - 07/05/95 Closed Session - 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 Trainer v. Fallon, et al; Trainer v. City, Orange County Superior Court Case No. 73 97 10; 74 06 41. (120.80) Closed Session - 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 Laura and Gary DeSantis v. City, et al. Orange County Superior Court Case No. CV-2525 JGD (GHKx). (120.80) Reconvene The Mayor reconvened the meetings of the City Council and Redevelopment Agency in the Council Chamber at 6:50 p.m. A videotape recording of this meeting is on file in the Office of the City Clerk City Council/Redevelopment Agency Roll Call PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None Pledge Of Allegiance Mayor Leipzig led the Pledge of Allegiance. Mayor Leipzig Announced Death Of Mary Lewis Daughter Of City Employee Jim Lewis Mayor Leipzig spoke regarding Mary Lewis, daughter of city employee Jim Lewis, who was tragically murdered in the City of Garden Grove. He stated that we all share in the family's loss. Fourth Of July Board Praised The Mayor thanked the Fourth of July Parade Board for the success of yesterday's Fourth of July Parade, 10K Run and Fireworks Show. 332 Page 3 - Council/Agency Minutes - 07/05/95 Presentation - Sister City Association - Introduction Of Visiting Student Ambassadors, Chaperones And Adult Anlo Delegation Mr. Doug Erber, President, Sister City Association of Huntington Beach, introduced the visiting Student Ambassadors, their Chaperone and the adult Anjo Delegation from our Sister City, Anjo, Japan as well as the four Huntington Beach Student Ambassadors to the Mayor and City Council. Late Communications Announced By City Clerk The City Clerk announced the following late communications which had arrived since the agenda printing: Communications received from the City Administrator's Office regarding a Closed Session item relative to the Coultrup Main Pier Redevelopment Project A communication from Supervisor Second District, Jim Silva, dated June 29, 1995 regarding the Angus Oil Settlement Agreement Funds A communication from the Public Works Director regarding Curbside Refuse Rates Adjustments Public Comments Cathy Leigh, Bircher Property Services representative at the Guardian Center, announced that Unisource a division of Aico Standard will be moving into the office tower and leasing over thirty thousand square feet (30,000). She thanked Councilman Garofalo for his assistance in securing the new tenant and employer for the Huntington Beach area. David Tamarin spoke in opposition to the two vacant positions on the Transportation Commission not being filled. He spoke in support of the re -appointment of Mr. Hicks when his term ends. Dale Wilson spoke for himself and representing his wife Deborah in support of the Agenda Item regarding approval of the purchase of Ocean View Estates Mobile Home Unit Number 19, 7051 Ellis Avenue, under the terms and conditions of the Driftwood Acquisition and Relocation Agreement. Richard Cook, President of the Boys and Girls Club of Huntington Valley, spoke regarding the Springfield Property Trust (Angus Oil Settlement Agreement Funds). He stated that the organization is totally non-profit and depends on donations from individuals, corporations and foundations for financial survival. He reported that the Boys and Girls Club has a membership of over eight hundred (800) children ages four (4) to nineteen (19) with an average daily attendance of one hundred fifty (150) to two hundred (200) children. Mr. Cook stated that the McCallen Park facility cost one and a half million dollars ($1,500,000) to build with a five hundred thousand dollar ($500,000) note remaining with the bank. He requested that the Springfield Property Trust Funds be released to pay the note on the building. 333 Page 4 - City Council/Redevelopment Agency Minutes - 07/05/95 Alex Accetta, Certified Public Accountant and Treasurer of the Boys and Girls Club of Huntington Valley, spoke regarding the Springfield Property Trust (Angus Oil Settlement Agreement Funds). He stated that the Boys and Girls Club raised in excess of a million dollars in donations and the balance of five hundred fifty thousand dollars ($550,000) was financed through the Huntington National Bank which requires a monthly loan payment of over seven thousand dollars ($7,000). Mr. Asita stated that part of the obligation could be defrayed if the city reimbursed the Boys and Girls Club for the park maintenance costs. He requested that the city take over full park maintenance requirements and insurance. He stated that the Springfield Property Trust Fund would have provided seventy-two thousand dollars ($72,000) to the Boys and Girls Club since its inception in 1992. Mayor Leipzig introduced Fountain Valley City Councilmembers John Collins and Laurann Cook. John Collins, Fountain Valley City Councilman and Boys and Girls Club of Huntington Valley Advisory Board Member, spoke in support of the Springfield Property Trust Fund (Angus Oil Settlement Agreement Funds) going to support the Boys and Girls Club. Mike Roberts thanked Councilman Garofalo for allowing the re-examination of the proposed distribution of Angus Oil Settlement Agreement Funds to the Boys and Girls Club of Huntington Valley in order for the Club to continue service to the community. Don MacAllister, former Boys and Girls Club Board member, stated that the intent of staff and Council at that time was that the Springfield Property Trust Fund (Angus Oil Settlement Agreement Fund) was to go to support the park and clean up the area. Pat Davis stated that the intent of the Angus Petroleum Company was to have a third of a million dollars go to a park in that area in order to give money to the people who were most impacted by the project at the drilling stage. She stated that the city General Fund receives money from the project through the barrel tax, well tax and utility tax. Ms. Davis requested the City Treasurer to report regarding the total of production payments received to date and if the twenty-two thousand dollar ($22,000) was placed in a park fund or in the General Fund. Haydee Tillotson spoke in support of Project Self -Sufficiency, the city program to help single parents get off welfare through education. She showed a puzzle piece that represents a one dollar ($1) donation to raise funds for Project Self -Sufficiency and stated that there will be a raffle drawing July 21. Ms. Tillotson gave telephone numbers for her office and the Project Self - Sufficiency office to contact for purchase of puzzle pieces. Ray Manion, Huntington Harbour Mobilehome Estates President, spoke in support of mobile home park acquisition and conversion. He requested Council assurance of funding for Phase II of the acquisition. He stated that the income study results have been completed. He distributed a communication to Council. Al Pearson, Huntington Harbour Mobilehome Estates Board Member, thanked Council for the fifteen thousand dollars ($15,000) for a homeowner survey, appraisal and engineering studies of the park. He stated that a survey done according to HUD guidelines showed that seventy-one (71) of ninety -fine (95) homeowners are interested in purchase of the leasehold. He stated that due to the confidentiality of the survey, copies would be made available to Councilmembers who request that information. He requested Council support of the Phase II funding. 3;?4 Page 5 - Councit/Agency Minutes - 07/05/95 Bill Landis, Huntington Harbour Mobilehome Estates Board Member, spoke in support of mobile home park acquisition and conversion. He stated that it is a senior citizen park comprised of predominately low to moderate income residents. He requested a commitment from Council for Phase 11 funding which will include down payment assistance for qualified residents and permanent financing. Madeleine Andor spoke regarding her disappointment in the problems in the downtown area on the Fourth of July. She stated that the Police Chief and citizens have worked a long time to change the image of our Police Department and that the Police Officers acted in a mean spirited manner. She stated that the property tax money is not enough to pay for the Police Department. Ron Laramie, Huntington Beach Mobile Homeowners Association Vice -President, read from a resolution adopted by the Board of Directors of the Huntington Beach Mobile Homeowners Association in support of the amendment for appointment of the City Attorney and City Treasurer. He distributed a copy of the resolution to Councilmembers. Doug Langevin, downtown business owner, spoke regarding problems in the downtown area on the Fourth of July. He made the following recommendations: Rainbow Disposal should make a sweep of the alley areas for abandoned furniture prior to the Fourth of July weekend; an ordinance to require chaining the dumpsters down or putting them behind closed doors on that weekend so that they cannot be moved and set on fire; only metal lidded dumpsters in the downtown area because the fires cannot be smothered with a plastic lid that burns; a curfew law for that weekend; barricading the downtown area from Lake Street, Goldenwest Street, Pacific Coast Highway and Palm Avenue and declaring a state of emergency around noon with residents only to be admitted after that time. Mr. Langevin stated that television Channels 4, 7 and 9 did provocative journalism for two weeks before the Fourth of July weekend. He requested that citizens write letters of complaint to the news directors of those stations. Mayor Leipzig thanked Mr. Langevin for his comments. Gerald Catering, downtown resident, spoke regarding problems in the downtown area for the Fourth of July, urged more arrests be made and less restraint of the Police Officers. He urged that next year more arrests be made to send a message that the city will no longer tolerate the dangerous activities that have made this night infamous. Michael Ritter, downtown resident, spoke regarding problems in the downtown area last night on the Fourth of July. He stated that he has a family and would be moving from the area because of last night. He stated that the Police Department is underpaid and understaffed and questioned why the national average is 2.5 police officers per thousand residents and Huntington Beach has 1.1 police officers per thousand residents which is half the national average. Nancy Horner, spoke for herself and Michael Bartolota, downtown residents, in support of the Police Department who are protecting the rights of the homeowners and business owners. She stated that the Orange County Register printed a map of the trouble spots, the kids showed up for the trouble that was advertised and the news media followed the kids. She stated that the homeowner's rights are being violated. 335 Page 6 - City Council/Redevelopment Agency Minutes - 07/05195 Richard Wright, Huntington Beach Police Officers' Association President, spoke recognizing the business owners, residents, visitors and young people that supported the Police Department last night. He spoke regarding the overwhelming community support of the HBPOA efforts to reach an equitable salary and benefits contract. He stated that the Police Department has a commitment to provide a safe environment for the citizens to enjoy and he thanked the community for their support. Councilman Garofalo asked if the HBPOA would attend a Study Session with the City Council to explain their side of the issue and if the Police Officer's Association would consider putting the issue on the ballot and letting the people decide, and Mr. Wright responded affirmatively. Bruce McAlpine, Tom Donnelly, Lloyd Edwards, Herb Cuadras, Chris Tatar, Bill Morris, Terry Orosco, Brian Knorr, Charles Nowotny, Brian Davidson, and Preston Linker, Huntington Beach Police Officers' Association representatives, spoke regarding resident support of the Police Department, read letters from citizens regarding support for the city and the Police Officers reaching an equitable contract, city rated America's Safest City (over one hundred thousand population), efforts to attract the finest officers in the country, results of financial report on city done by Harvey M. Rose Accounting Firm, budget cuts in training and equipment, Police Department results on gang bangers, love of public service, pride in the community, need for salary and benefits to attract the finest officers, violence against police officers, lack of support from certain City Councilmembers, city waste of money on the Bolsa Chica litigation, injured officers on the Fourth of July who did not stop to go to the hospital but stayed until the problem was under control, loss of good police officers, and donations received by the Police Officer's Association in appreciation of their services. Preston Linker submitted a letter of support from Bernie Clancy for the police officers request for a salary increase. Bdan Knorr distributed and read a letter from citizen, Linda Masterson, in support of the police officers efforts to negotiate a pay increase. Charles Nowotnv submitted a letter from Teresa Brockman in support of a pay increase for police officers. Brian Davidson, Huntington Beach Police Officer's Association representative, submitted a letter from citizen, Sam Pinterpe, in support of the police officer's request for salary increase. Said letters of support were submitted to the City Clerk. A letter from Diane Thomas, citizen, was submitted to the City Clerk by speakers. Marie Palmer resident, spoke regarding her concern for public safety and in support of the Huntington Beach Police Officers. She wore a bullet proof vest and displayed it for the Council. She stated that we have the best Police force and that there is money in the budget if it is rearranged to make the police officers a priority. 336 Page 7 - Council/Agency Minutes - 07/05195 Barbara Huss read from a letter written by Stacy Simpson for the business owners of the city which stated her support for the Police Officers. The letter stated that Huntington Beach has the privilege of being able to recruit experienced Police Officers, that the money saved on raises will be spent training rookie officers and there will be a loss of quality personnel and listed City Council benefits. Said letter was provided to the City Clerk. Mayor Leipzig stated that City Councilmembers do not receive a car allowance. Mark Stemmer, resident, spoke in support of the Police Officers and stated that citizens are frustrated and described incidents in the downtown area last night. He stated that the Huntington Beach Police Officers are the best and should be paid the best. Susie Newman, resident and former instructor of law enforcement officers, spoke in support of the men and women who labor day in and day out to provide the city with the title "safest city" and stated that no effort has been made to provide a mechanism in city funding to guarantee levels of safety. She stated that without safety, citizens cannot enjoy the libraries and parks. She stated that the Police Officers should be supported and more added. Allen _McClafferty, homeowner, stated that he worked in Los Angeles and drove an hour and fifteen minutes every day in traffic and that he lives in the city because it is the cleanest, safest city in California. He stated that we have the finest Police Officers in the nation and that you have to pay the best to get the best. Robert Cause , Surf City Lifeguard Employee Association representative, spoke regarding the recurrent lifeguards' job duties. He stated that according to Marine Safety Division statistics for 1994 there were 6.5 million visitors to the city beach, 2,066 rescues, 30,573 preventative actions, over 1,000 medical aids, and zero drownings. He stated that the city has a world-renowned lifeguard agency and junior guard program. He requested that Council take this into consideration in dealing with the Surf City Lifeguard Employee Association. Steve Vollmer, Surf City Lifeguard Employee Association representative, stated that the lifeguards of the city have a good record and are probably the most respected organization of its kind in the United States. He stated that the association has been negotiating with the city for over a year and are not asking for a raise but for sand mounds to protect them when they jump out of lifeguard towers and a uniform allowance. He stated that the lifeguards are listed under the Community Services Department but that their work is more similar to Police, Fire and Marine Safety than to a Community Center worker. He stated that when the shooting occurred in the downtown area last night, lifeguard personnel were the first to respond. He asked that Council treat them like emergency service personnel when they come to the collective bargaining table. Matt Wartian, Surf City Lifeguard Employee Association representative, stated that he is proud that he has saved lives and it is an experience that only a few accomplish. He spoke regarding the Huntington Beach lifeguards being the best staffed and competitive. He stated that the union is not asking for a lot of money but are asking that they be protected, have medical benefits and a grievance process. He requested the city to meet in good faith with the Surf City Lifeguard Employee Association. 337 Page 8 - City Council/Redevelopment Agency Minutes - 07/05/95 Discussion_ Regarding Reduction Of City Employees Health Insurance Benefits (700.10) Councilman Sullivan responded to comments made during the Public Comments portion of the meeting regarding reduction of health insurance benefits for city employees. Recess -Reconvene Mayor Leipzig recessed the City Council meeting at 8:50 p.m. and stated that the meeting would resume when the audience chamber is empty. The meeting was reconvened by the Mayor at 9:05 p.m. Continued Discussion Regarding Reduction of City Employees Health Insurance Benefits (700.10) Councilman Sullivan continued speaking regarding charging city employees for their health care coverage as is the most common practice. He stated that he had been making a voluntary contribution to the City Treasurer for his medical benefits that he receives as a councilman. Discussion Reaardina Public Safet Councilman Garofalo challenged the Police Officers to help solve the problem by thinking of a strategy that ties future compensation to an incentive plan to help fund the compensation. He suggested a potential ballot issue or a study session with the HBPOA. Councilman Green spoke regarding placing a safety assessment on the ballot in March, 1996 stating that it would help immensely in the city's budget problems. The City Administrator spoke regarding the proposed ballot issue, effect on other city employees, and increased retirement benefits for public safety employees. He stated that he could research other votes for assessments and report to Council. In response to Councilman Green's question, the City Administrator spoke regarding a study session with Council and the Police Officer's Association. He stated that it is generally not done because it is not productive in reaching an agreement which should occur at the bargaining table. Councilman Garofalo stated that there is a difference between what staff has presented to Council and what the Police Officers believe. The City Administrator stated that written material should not be restricted from the Police Officer's Association or to any citizen attempting to reach the City Council and they should communicate in that manner. 338 Page 9 _ Council/Agency Minutes - 07/05/95 _Motion To Direct Staff To Report To Council Regarding A Study Session With The Huntington Beach Police Officer's Association (720,20) A motion was made by Garofalo, seconded by Green, to direct staff to report to Council with a mechanism for holding a study session with the Huntington Beach Police Officer's Association (HBPOA) and how that could be accomplished. The City Clerk pursuant to concern with adherence to Brown Act provisions, questioned whether the motion was being made in connection with the Closed Session Agenda Item regarding the HBPOA as the issue on which the motion is made in not otherwise agendized. Sarah Lazarus, Deputy City Attorney, responded that as Council was making a motion to give staff direction, the Brown Act provides for staff being given direction on issues not on the agenda which are not substantive and are not discussed. Mayor Leipzig requested that the maker and the second reconsider as the issues were discussed briefly in Closed Session and the discussion was continued to Monday, July 10, 1995 after the City Administrator meets with the HBPOA on Thursday, July 6, 1995. In response to Councilman Bauer's question, the City Administrator stated that he received a copy of the Harvey Rose Accounting Corporation report, dated May 30, 1995 and that he would review the material and report to Council. Discussion held by Council regarding formal labor negotiations with the HBPOA. Councilwoman Dettloff requested that the report regarding the mechanism for a study session with the HBPOA be given to Council in Closed Session. The City Clerk clarified the motion made by Garofalo, seconded by Green, as follows: To report back to the City Council a mechanism for a City Council study session with the Huntington Beach Police Officer's Association and report back in Closed Session. The motion carried by the following roll call vote: AYES: Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Harman, Bauer ABSENT: None Staff Directed To Explore Possibility Of Ballot Measure Regarding Assessment For Public Safety, (620.50) A motion was made by Councilman Green, seconded by Garofalo, to direct the city staff to explore the possibility of placing an assessment for public safety on the ballot and prepare a report giving the pros and cons before such venture is commenced. Discussion was held by Council and staff regarding whether the report should be given in a closed session or open session meeting. 339 Page 10 - City Council/Redevelopment Agency Minutes - 07/05/95 An amendment to the motion was made by Garofalo, accepted by Green, to direct staff to also develop incentive plans to which future compensation could be tied. Councilman Sullivan stated that he challenged the fact that this item is even remotely on the agenda and that he felt very strongly, due to the requirements of the Brown Act, this first requires a vote that this is an issue arising after the posting of the agenda. He requested the Deputy City Attorney's position. Deputy City Attorney Sarah Lazarus advised that Council would have to vote first on whether or not this was an item that the need to take action came up after the agenda was posted and there is a need to take action tonight such that it cannot be agendized in the future, or Council can direct staff to bring back the issue as an agendized item. In response to Councilman Sullivan's question she stated that the motion was acceptable as long as Council stays on track to direct staff to bring this back at another meeting. Councilman Green clarified his motion that he wanted to direct the staff to explore the possibility of placing an assessment for public safety on the ballot, the pros and cons, if other cities have attempted this, how successful they are and that sort of thing. The motion carried by the following roll call vote: AYES: Bauer, Leipzig, Dettloff, Green, Garofalo NOES: Harman, Sullivan ABSENT: None (City Council City Administrator Requested Report From Police Chiefs Regarding Fourth Of July Disturbances In The Downtown Area (530.10) Upon request of the City Administrator, the Police Chief stated that he thought all city employees did an outstanding job over the Fourth of July weekend. He reported regarding the number of arrests, major problem areas, number of officers injured, number of police vehicles damaged, the homicide that occurred near Tenth Street and Pacific Coast Highway, utilization of Sheriff's personnel, damage sustained and, stated that roughly eighty-five percent (85%) of the people arrested were not Huntington Beach citizens. He stated that the Police Department would c-:ntinue to work with the Downtown Business Association, downtown Residents Association, and other city departments in planning for next year. The Mayor thanked the rank and file Police Officers for the job they did last night, the Police Chief and his ranking officers for the tactical plan they developed, the Sheriff's Office Personnel and California Highway Patrol Officers who assisted the city, and the business owners and residents of the downtown area for their cooperation with the Police Chief and his plan. Councilman Garofalo suggested closing off the downtown area to residents only next year on the Fourth of July. He requested a report regarding the absentee landlord situation and a residential security plan. 340 Page 11 - Council/Agency Minutes - 07/05/95 Councilman Harman thanked the Police Chief and men and women line officers. He inquired as to whether a "zero tolerance" could be enforced together with a greater enforcement of the perimeter. Councilwoman Dettloff expressed her appreciation to Steve Daniel, Downtown Business Association member, and to all other business people in the downtown area who closed early. Councilmembers offered their thanks and congratulations to the Police Chief and his staff. City Administrator Status Report Regarding „Orange County Bankruptcy (310,10) The City Administrator spoke regarding the status of the Orange County Bankruptcy and stated that he was preparing a report for July 17, 1995. Request For Staff Re ort Of Costs Of The Fourth Of July In The Downtown Area Versus The Average Saturday (960.10) Councilman Sullivan requested a staff report of the costs and resources expended relative to the Fourth of July in the downtown area versus the average Saturday. The City Administrator stated that he had requested a report for the weekend and the Fourth of July in particular. (City Council Public Hearin - Fee Increase For Solid Waste Collection And Dis osal - Resolution No. 6698 -Adopted (600.45) The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering the provision of the Refuse Collection Franchise with Rainbow Disposal that requires an annual adjustment in compensation for solid waste collection and disposal. It is proposed that the fee be increased to approximately $16.55 per residential unit of service per month, an increase of $1.35 over the existing fee. The exact amount of the increase will be determined after the hearing, but will not exceed $17.00 per residential unit of service per month. A copy of the proposal is on file in the Office of the City Clerk. The City Clerk presented Resolution No. 6698 for Council adoption. The City Clerk presented a late communication received from the Public Works Director regarding the Curbside Refuse Rate Adjustments Formula. Legal notice as provided to the City Clerk's Office by staff had been published and posted The Public Works Director presented a staff report. 341 Page 12 - City Council/Redevelopment Agency Minutes - 07/05195 The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor. Councilman Garofalo read a letter from the City of Irvine regarding their meter reading methods and requested information as to our city's methods and the City Treasurer reported. Discussion was held by Council and staff regarding the Consumer Price Index, bi-monthly billing of trash fees, the Curbside Refuse Rate Adjustment Formula and the senior citizen subsidy. The City Treasurer reported regarding the increased costs involved with monthly trash/water billing as opposed to the bi-monthly billing schedule currently in place. Motion To Approve Mandatory $1.27 First and 8 Cents Second - FAILED For Lack of a Second A motion was made by Garofalo, to call for two votes; to move approval of the mandatory rate adjustment of $1.27 per unit of service per month first and a vote on the discretionary the 8 cents per unit/month to of set the costs of trash disposal fees for lower income senior citizens. The motion failed for lack of a second. Motion To Approve Refuse Rate Increase of $1.35 - Approved A motion was made by Dettloff, seconded by Bauer, to adopt Resolution No. 6698 -"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING RESIDENTIAL CURBSIDE REFUSE COLLECTION RATES." The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Garofalo NOES: None ABSENT: Green (out of room) Annual Meeting Of The Huntington Beach Civic Improvement Corporation - The Mayor Will Recess The Council/Agency Meeting In Order To Convene Annual Repular_Meeting Of The Civic Improvement Corporation (125.20) Chairman Leipzig called the annual meeting of the Huntington Beach Civic Improvement Corporation to order. Civic Improvement Corporation Roll Call DIRECTORS PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Garofalo DIRECTORS ABSENT: Green (out of room) 342 Page 13 - Council/Agency Minutes - 07/05/95 (City Council/Civic Improvement) Minutes - Approved And Adopted A motion was made by Bauer, seconded by Sullivan, to approve and adopt the minutes of the regular meeting held July 5, 1994 and the adjourned regular meeting held July 11, 1994 as written and on file in the Secretary's office. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig NOES: None ABSENT: None ABSTAIN: Harman, Dettloff, Green, Garofalo Huntington Beach Civic Improvement Corporation - Ad'oumment The Chairman adjourned the regular meeting of the Huntington Beach Civic Improvement Corporation. Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Garofalo Agency Election to Purchase Ocean View Estates and Bauer Annual Adjustment Rainbow Disposal Commercial Service Rates. Consent Calendar - Items Approved On motion by Sullivan, second Leipzig, the following Consent Calendar items were approved as recommended, by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Garofalo NOES: None ABSENT: Green (out of room) (City Council/Redevelopment Agency) Minutes - Approved And Adopted - Approved and adopted minutes of the Council/Agency adjourned regular meeting of April 28, 1995 and regular meetings of April 17, 1995, April 24, 1995, and May 1, 1995 as written and on file in the Office of the City Clerk. (City Council) Easement Dedications - Tract No. 14892 (The Hamptons) - SeaclifF Partners - North Of Garfield And East Of Edwards - Approved (420.60) - Accepted various easement grant deeds in addition to an Irrevocable Offer of Dedication from Seacliff Partners and instructed the City Clerk to have the documents recorded with the County Recorder. 343 Page 14 - City Council/Redevelopment Agency Minutes - 07/05/95 (City Council) Agreement Between Orange County And City For Animal Control And Shelter Services - Approved (600.25) - Approved and authorized the Mayor and City Clerk to execute the Agreement for Animal Control and Shelter Services and authorized a provisional payment of $262,903, to cover expenses for fiscal year 1995-96. (City Council) Youth Board AppointmentslRe Appointments - O'Sullivan/Shunmupavell Abdo/Huang/Barot!Liao/Andamo/Rachels/Phillips - Approved (110.20) - (1) Re -Appointed the following students to terms on the Huntington Beach Youth Board for 95/96: John O'Sullivan, Huntington Beach High School representative; Elil Shunmuqavel, Marina High School representative. (2) Appointed the following students to a one-year 95196 term: Tammy Abdo, Ocean View High School representative; Tracy Huang, Edison High School representative; D� ipti Barot, At -large representative; E. J. Liao, At -large representative; Emmanuel Andamo, At -large representative; Heather Rachels, At -large representative; Janet Phillips, At -large representative. (City Council) TRW REDI Property Data CD-ROM Subscription Aareement - Approved (600.10) - Approved the TRW REDI Property Data CD-ROM Subscription Agreement dated March 15, 1995, as submitted ($1,200) and authorized execution by the Assistant City Administrator. (This agreement authorizes the Community Development Department to utilize current property data information by incorporating it into the City's Urban Data inventory database on a monthly basis. This agreement must be approved by the City Council because the vendor requires the city to indemnify the licenser.) (City Council) Community Development Block Grant (CDBG) Agreement - Orange County Transportation Authority OCTA) - Reallocation Of Portion Of Funds To Project Sol Sufficiency - Approved (600.25)(320.45) - Approved and authorized the Mayor and City Clerk to execute the Agreement between the city and Orange County Transportation Authority for Housing and Community Development Block Grant Program for $12,000; and approved an additional $3,500 in Community Development Block Grant Funds for the operational costs of Project Self - Sufficiency. (City Council) Library Board Of Trustees - Re -Appointments - Silverman/Hawley Kuperberg/Borowiec - Approved (110,20) - Approved the re -appointment to the Library Board of Trustees: Dorothy Silverman, Wade Hawley, Sidney Kuperberg, and Edward Borowiec. Terms of office for all four positions to expire June 30, 1996. (City Council) Re -Appointments to Transportation Commission - Hicks/Johnson - Approved (110.20) - (1) Re -Appointed Jim Hicks to the Transportation Commission to serve his second and last term. His current term expires June 30, 1995. This re -appointment term will expire June 30, 1999. (2) Re -Appointed Davey Johnson to the Transportation Commission to serve his first full term. Commissioner Johnson is serving a partial term, vacated by Frank LoVerde, which will expire June 30, 1995. This re -appointment term will expire June 30, 1999. 344 Page 15 - Council/Agency Minutes - 07/05/95 (City Council) Rainbow Disposal Commercial Service Rates - Annual Adjustment of Commercial Service Rates - Approved (600.45) _ The City Clerk presented a communication from the City Administrator dated July 5, 1995 regarding Rainbow Disposal Commercial Service Rates. In response to Councilman Bauer's question, Jim Sankey, Department Analyst Senior, reported that the rate increase is approximately eleven percent (11%) to the base rate. A motion was made by Bauer, seconded by Sullivan, to adopt Exhibit A, effective July 1, 1995, as the new Exhibit A of the Rainbow Disposal Refuse Collection Franchise Agreement pursuant to a provision of said franchise requiring an annual adjustment in commercial service rates. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Garofalo NOES: None ABSENT: Green (out of roam) (City Council) Staff Report Requested Regarding Comparison Of Commercial Service Rates In Surrounding Area _ _ Councilman Garofalo requested a staff report with a comparison of commercial service rates in the surrounding area. (Redevelopment Agency) Agency Election To Purchase Ocean View Estates - 7051 Ellis Avenue - Mobile Home Unit Number 19 - Approved (600.30) The City Clerk presented a communication from the City Administrator dated July 5, 1995 regarding Redevelopment Agency election to Purchase Ocean View Estates Mobile Home Unit Number 19, 7051 Ellis Avenue. Keith Bohr, Assistant Project Manager, presented a staff report. Motion To Defer The Purchase Of Ocean View Estates Unit Number _19_To August 7, 1996 With Further Staff Report Requested - FAILED A motion was made by Garofalo, seconded by Green, to defer the decision to purchase Ocean View Estates Unit Number 19 until August 7, 1995 and requested a staff report regarding the effort to market the property and justification regarding why the Board of Realtors will not put it in the multiple listings. Keith Bohr, Assistant Project Manager, reported that the requirements of the agreement had been met. 345 Page 16 - City CounciURedevelopment Agency Minutes - 07/05/95 At the request of Councilman Sullivan, Dale Wilson, mobile home owner, stated that he had met all of the obligations of the agreement. He described the property and stated that he had an interested buyer for $65,000 but was unable to obtain financing due to the term limit on the lease of the land from the city. The Assistant City Administrator reported that a lease was being prepared by the City Attorney's Office to present to the existing park tenants. The motion made by Garofalo, seconded by Green, FAILED by the following roll call vote: AYES: Green, Garofalo NOES: Harman, Bauer, Sullivan, Leipzig, Dettloff ABSENT: None Purchase Of Ocean View Estates Mobile Home No. 19 - Approved - Standard Mobile Home Sales Agreement To Be Executed A motion was made by Dettloff, seconded by Harman, to elect to purchase at the agreed value of $96,471 Ocean View Estates Mobile Home Number 19; pay all costs occasioned by the sale; and authorize the Executive Director to execute the appropriate standard Mobile Home Sales Agreement. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, NOES: Garofalo ABSENT: None HB1FV Board of Realtors Assistance Requested Regarding Sale Of Mobile Homes Councilman Garofalo encouraged the City Administrator to meet with the Board of Realtors, to place such mobile home sales in the multiple listings, get a marketing program in place, and begin accepting offers that lower the city's liability. He requested that staff prepare a policy statement to define "actively marketing", put tenants on notice, provide them a list of brokers who will cooperate in the transaction and to better communicate the amount of time on the lease. Motion For Meetina To Proceed Past 11:00 P.M. - Approved On motion by Sullivan, second Garofalo, Council approved proceeding past the 11:00 p.m. deadline in order to finish the agenda. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Leipzig ABSENT: None 346 Page 17 - Council/Agency Minutes - 07/05/95 (City Council) General Plan Amendment Request For Traffic Modeling Information - Transfer Of Funds - Approval Of Purchase Order - RKJK And Associates And DKS Associates - Continued To July 17, 1995 (600.95) The City Clerk presented a communication from the Public Works Director stating an additional traffic model scenario for the Circulation Element of the General Plan update has been requested. The results of the new modeling scenario will be used to assess the Land Use alternative proposed in the General Plan update. City Council approval is needed to obtain funding for the preparation of the additional traffic model data. Jim Otterson, Traffic Engineer, presented a staff report. The Public Works Director reported that the traffic model would serve as a control model. Motion To Approve Recommended Action - Withdrawn A motion was made by Bauer, seconded by Leipzig, to approve the transfer of $9,340 from the Unallocated Measure M balance to Account Number E-AA-PW-4-15-3-88-00, and to authorize the Director of Public Works to issue Purchase Orders for the work to be performed by RKJK and Associates and DKS Associates per written quotation received and set forth in an Attachment to Request for Council Action dated July 5, 1995. The motion was withdrawn. Councilman Garofalo recommended that the decision regarding the traffic model be continued for two weeks and to have Councilman Bauer act as liaison and meet with the General Plan Advisory Committee. Motion To Continue Decision Regarding The Traffic Model To July 17, 1995 A motion was made by Bauer, seconded by Leipzig, to continue the decision regarding an additional traffic model scenario for the Circulation Element of the General Plan update to assess the Land Use Alternative proposed in the General Plan update to July 17, 1995. The motion. carried by unanimous vote. fftedevellopment Agency) Agreement In -Lieu Parking Fee. -_303 Third Street - Ben Trainer - Main -Pier Redevelopment Protect Area (600.30) The City Clerk presented a communication from the Acting Director of Economic Development recommending Council approval of an in -lieu parking fee of $54,000 for 303 Third Street to be paid by the Redevelopment Agency at the time of the actual construction/acquisition/development of downtown parking spaces. The Assistant City Administrator presented a staff report. Deputy City Attorney Sarah Lazarus clarified action taken in Closed Session to make a counter offer. The Assistant City Administrator reported regarding the annual Consumer Price Index adjustment. 347 Page 18 - City Council/Redevelopment Agency Minutes - 07/05/95 A motion was made by Sullivan, seconded by Green, to approve payment by the Redevelopment Agency of an in -lieu parking fee of $54,000, approve and authorize execution by the Chairman and Agency Clerk of the In -lieu Parking Agreement between the Redevelopment Agency and Ben Trainer for nine parking spaces for property located at 303 Third Street, subject to the terms and conditions outlined in the Request for Council Action dated July 5, 1995. The motion carried by roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council Ordinance No. 3286 - Adopted - Amends Code Reciarding Commercial Districts -Adult Businesses (640.10) The City Clerk presented Ordinance No. 3286 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING SECTION 211.04 THEREOF RELATING TO LAND USE CONTROLS FOR COMMERCIAL DISTRICTS." Ordinance provides for location criteria and regulations for adult businesses. Public hearing and ordinance introduction approved June 5, 1995. A motion was made by Green, seconded by Dettloff, to adopt Ordinance No. 3286. The motion carried by roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council Ordinance No. 3287 - Adopted - Nei hborhood Park Designation - Amends EIIis/Goldenwest Specific Plan (450.30) The City Clerk presented Ordinance No. 3287 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE ELLIS-GOLDENWEST SPECIFIC PLAN, GENERAL PROVISIONS TO PROVIDE FOR THE DESIGNATION OF A THREE TO FIVE ACRE NEIGHBORHOOD PARK CODE AMENDMENT 93-1." Ordinance provides for a five acre neighborhood park in Ellis/Goldenwest Specific Plan. Public hearing and introduction approved June 19, 1995. A motion was made by Green, seconded by Dettloff, to adopt Ordinance No. 3287. The motion carried by unanimous vote. (City Council ORDINANCES FOR INTRODUCTION The City Clerk presented Ordinances Nos. 3288, 3289, 3290, 3291, 3292, 3293, 3294, 3295, and 3296 for Council introduction. CIM Page 19 - Council/Agency Minutes - 07/05/95 Deputy City Attorney Sarah Lazarus reported that the city did not have a blanket provision in the Municipal Code that declared all violations of the code to be public nuisances. A motion was made by Garofalo, seconded by Green, to approve introduction of the following ordinances. The motion carried by unanimous vote. (City Council Ordinance No. 3288 - Introduction Approved - Public Nuisance To Interfere With Vision Of Police Officer Peace Officer Or Special Officer (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.04 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 9.04.020 PERTAINING TO NUISANCE." (City Council Ordinance No. 3289 - Introduction Approved - Public Nuisance To Dress Or Undress In Bathing Suit In Public (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.20 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 9.20.040 PERTAINING TO NUISANCE." (City Council) Ordinance No. 3290 - Introduction Approved _Public Nuisance, To Breathe Or Drink Glue Etc. (640.10) -"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.40 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 9.40.040 PERTAINING TO THE INHALING OF CERTAIN SUBSTANCES TO BE A NUISANCE." (City Council Ordinance No. 3291 - Introduction Approved - Public Nuisance To Drink Alcohol On Public Street, Etc. (640.10) -"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 9.44.040 PERTAINING TO NUISANCE." (City Council Ordinance No. 3292 - Introduction Approved - Public Nuisance To Fire Or Dischar e A Firearm Within City Limits (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.76 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 9.76.020 PERTAINING TO NUISANCE." (City Council) Ordinance No. 3293 - Introduction Approved - Public Nuisance To Wear Or Carry Concealed Pistol, Dirk Or Other Dangerous Weapon (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.80 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 9.80.040 PERTAINING TO NUISANCE." (City Council Ordinance No. 3294 - introduction Approved - Public Nuisance To Block Sidewalk Or Entrance To Public Building (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 12.32 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 12.32.100 PERTAINING TO NUISANCE." (City Council Ordinance No. 3295 - Introduction Approved - Public Nuisance To Commit Any Act As Described In Sections 13.48.010 Through 13.48.150 In A Public Park (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.48 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 13.48.155 PERTAINING TO NUISANCE." 349 Page 20 - City Council/Redevelopment Agency Minutes - 07105/95 (City Council Ordinance No. 3296 - Introduction Approved - Public Nuisance To Commit Any Act Described In Foregoing Sections On Or Within Premises Of Any Public Building (640,10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.52 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 13.52.030 PERTAINING TO NUISANCE." (City Council Finance Board Request For Council Committee Liaisons To Work With Finance Board Regarding Goals Objectives And Redefining Roles -Approved (110.10) The City Clerk presented a communication from Councilman Garofalo regarding Appointment of City Investment Advisory Board and Miscellaneous Other Related Items (H - Item, City Council Agenda, July 5, 1995). A motion was made by Garofalo, seconded by Green, that the Mayor be directed to meet with the Finance Board to review Council's goals and objectives reflected in the establishing ordinance for the Board. An amendment to the motion was made by Leipzig, accepted by Garofalo, to include the Mayor Pro Tem. The amended motion carried by unanimous vote. (City Council Appointment To The Investment AdvisorV Board To Be Made On July 17 1995 (110.20) The City Clerk presented a communication from Councilman Garofalo regarding Appointment of City Investment Advisory Board and Miscellaneous Other Related Items (H - Item, City Council Agenda, July 5, 1995). Councilman Garofalo announced that he would be making his appointment to the City Investment Advisory Board of Gloria Winscott at the July 17, 1995 meeting. Status Report Regarding Applications Received For Investment Advisory Board (110.10) Don Watson, City Treasurer, reported regarding applications received for the Investment Advisory Board. He stated that the application process had been extended due to insufficient applications and that copies of all applications would be transmitted to Council after the close of the application process on Friday. (City Council) Proposed Mission Statement - City Investment Advisory Board - Approved The City Clerk presented a communication from Councilman Garofalo regarding Appointment of City Investment Oversight Board and Miscellaneous Other Related Items (H - Item, City Council 3 10 Agenda, July 5, 1995). Page 21 - Council/Agency Minutes - 07/05/95 In response to Mayor Leipzig's question, the City Treasurer reported regarding the proposed Mission Statement for the City Investment Advisory Board and stated that all of the elements are in the Mission Statement or the Enabling Ordinance. A motion was made by Garofalo, seconded by Green, to adopt the proposed Mission Statement for the City Investment Advisory Board with the tacit approval of the City Treasurer. Councilman Harman requested that the City Investment Advisory Board review the Mission Statement for their input. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Harman ABSENT: None (G.1ty Council) Angus Oil Settlement Agreement Funds RegardinDevelopment And Improvement Of Park Sites (600.10) The City Clerk presented a communication from Councilman Garofalo regarding his agendized item. A motion was made by Garofalo, seconded by Green, to direct staff to return on July 17, 1995 with a report regarding the status of the staff position on the issue. Robe nz,`Deputy City Administrator, Administrative Services, reported regarding a proposed settleme-wittt04yr r)ts in the amount of approximately six thousand dollars ($6,000) per month for a total of three hundreo'seventy=five dollars ($375,000). He stated that no funds had been received to date. Councilman Harman requested a staff report regarding whether the payment can be paid directly to the Boys and Girls Club of Huntington Valley as opposed to the park which is the city and whether the payment can be applied directly to their loan at the Huntington National Bank. The motion carried by unanimous vote. Report-Regardina-KPMG Peat Marwick Audit (300,10) _... . Mayor Leipzig spoke regarding an audit performed by KPMG Peat Marwick. He stated that the City Council, at that time of the audit, held a lengthy study session with discussion of the security of the city's cash flow and that the audit was thoroughly examined by Council and the City Treasurer. 35.E Page 22 - City Council/Redevelopment Agency Minutes - 07/05/95 Recess The Mayor called a recess of the City Council and Redevelopment Agency. Closed Session The Mayor called a recess of the City Council and Redevelopment Agency for the purpose of considering the following Closed Session items: Closed Session - City Council Pursuant to Government Code Section 54957 to Consider Personnel Matters - Performance Evaluation of City Administrator. (120.80) Reconvene Mayor Leipzig reconvened the regular meeting of the City Council and Redevelopment Agency at 12:00 a.m. Adjournment - City CouncillRedevelopment Aaency The Mayor adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, July 10, 1995, at 5:00 p.m. Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: s City Clerk/Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California 114�-Ilx'- r Mayor/Chairman 352