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HomeMy WebLinkAbout1995-09-05 (8)MINUTES CITY COUNCIUREDEVELOPM ENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Tuesday, September 5, 1995 An audio tape recording of this meeting is on file in the Office of the City Clerk Call To Order Mayor Leipzig 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 Council/Redevelopment Agency -Roll Call Present: Harman, Bauer, Dettloff, Garofalo, (Leipzig arrived 5:40 p.m.) Absent: Sullivan, Green (City Council/Redevelopment Agency)„Study Session - Initiate Process To Consider Merger And Amendment Of Fine Redevelopment Project Areas (410.05) The Deputy City Administrator, Administrative Services, using slides presented a staff report of the proposed Redevelopment Agency Project Area Merger and Amendment. Two communications were received and distributed to Council from Administration regarding the slide presentation of the Redevelopment Agency Project Area Merger and Amendment process and a Summary of Redevelopment Cash Flow Projections (Excluding Housing Set - Aside) Frank Cunningham, Cunningham and Associates representative, presented a report on the expiration of the eminent domain option in the different project areas and the process for merger of the redevelopment project areas. Discussion was held by Council and staff regarding the 12 month public process, merger of balance sheets, not project boundaries, exemption of certain properties from eminent domain during the process, effect on city bond rating, and Redevelopment Agency debt to the General Fund. Mayor Leipzig arrived at 5:35 p.m. Page 2 - City Council/Redevelopment Agency Minutes - 09/05/95 Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 5:45 p.m. to consider the following closed session items: Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation. Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of potential cases - 1 Coultrup, and pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, Ray Silver and/or Stephen Kohler, regarding negotiations with Jon Coultrup concerning the Coultrup Disposition and Development Agreement. Instruction will concern: price and terms of payment. (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 in regards to the Orange County; U. S. Bankruptcy Court Case No. SA 94-22272 JR Administratively Consolidated with Case No. SA-94-22273 JR. (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 City of Huntington Beach v. Merrill Lynch Pierce Fenner and Smith, Incorporated et al. United States District Court Case No. SACV95-189 LHM(EEX). (120.80) Closed Session - Redevelopment Agency 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 Agency is a party. The title of the litigation is Department of Economic Development v. Wells Fargo. U. S. District Court Case No. 73 71 17. (400.50) Closed Session - Redevelopment Agency 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 Agency is a party. The title of the litigation is Redevelopment Agency v. Koller, et al. Orange County Superior Court Case No. 73 39 49. (400.50) Closed Session - City Council pursuant to Government Code GOVERNMENT CODE Section 54957.6 to meet with its designated representatives William Osness, Personnel Director and Daniel Cassidy, Esq., Liebert, Cassidy and Frierson regarding Labor Relations Matters - Meet and Confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees` Organization, Huntington Beach Firemens' Association, and Surf City Lifesaving Employees' Association. (120.80) 461 Page 3 - Council/Agency Minutes - 09105/95 Closed Session - City Council pursuant to Govemment 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 Huntington Beach Independent v. City, Orange County Superior Court Case No. 74 52 46. (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 Juan Rios Campo v. City, U. S. District Court Case No. SACV93-735LTL. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:15 p.m. in the Council Chambers. City Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Leipzig, Dettloff, Garofalo, (Green arrived 10:00 p.m.) Absent: Sullivan Pledge of Allegiance The Pledge of Allegiance was led by the Mayor. Presentation - "DUI" Awards - To Police Officers - By MADD (Mothers Against Drunk Driving Mayor Leipzig and Bob Marlow, MADD (Mothers Against Drunk Driving) representative, presented "DUI" Awards to Officer Kurt Svahn, Officer Greg Shaner, Officer Richard Spencer, Officer Michael Metoyer and Officer Lawrence Braz, police officers who have dedicated themselves to removing intoxicated drivers from the roadways of the community and who have gone above and beyond the routine call of duty to ensure public safety. Late Communications Announced By The City Clerk Pursuant to the Brown Act, the City Clerk announced the following late communications regarding agenda items which had been received following the distribution of the agenda: Revised Agenda Page 2 adding a Closed Session regarding Juan Rios Campa, prepared and posted by the Office of the City Clerk 462 Page 4 - City Council/Redevelopment Agency Minutes - 09/05/95 Two communications from Jeff Lace, dated September 5, 1995, in opposition to approving the Dog Park thus eliminating a portion of the horse trail A communication from Thomas Clark, Jr., Stradling, Yocca, Carlson and Rauth, dated September 5, 1995 pertaining to a Request for Quotation for the item regarding the Legal Services Agreement with Kane, Ballmer and Berkman A communication from Administration of a slide report dated September 5, 1995 regarding the Redevelopment Agency Project Area Merger and Amendment A Comparison of Water Bills prepared by Jeff Renna, Water Operations Manager, dated September 5, 1995 A communication from Administration of a slide report regarding the 1995-96 Budget Public Hearing A Summary of the Redevelopment Cash Flow Projection prepared by Administration dated September 5, 1995 A communication from Seacliff Partners dated June 5, 1995 regarding Water Master Plan Capital Improvement Financing. A slide report prepared by the Public Works Department regarding the Integrated Water Rate Proposal A communication from the Bolsa Chica land Trost dated September 5, 1995 regarding the Water Rate Usage and the Koll Development Company Bolsa Chica Project A communication dated September 5, 1995 from Steve Reuter, Marine Safety Officer Association President, regarding Marine Safety Officer Cost Public Comments Pat Davis, Council on Aging representative, spoke regarding Senior Saturday to be held at the park adjacent to Pacifica Hospital and invited all to attend. She distributed Senior Saturday T- shirts to Councilmembers. Norma Brandef Gibbs, United Way representative, spoke in support of the waiver of fees for the 1996 Olympic Games Torch Relay Event. Leon McKinne stated he was glad to see the agenda item regarding the release of city employee salary and benefit information. He protested what he believed was not good advice from the City Attorney's Office. 463 Page 5 - CounciUAgency Minutes - 09/05/95 William Ogden, Huntington Beach Firemens' Association President, spoke in opposition to the Huntington Beach Independent Newspaper report regarding employee salaries. He spoke regarding a Salary and Benefit Survey of all Fire Departments in Orange County and stated that he would be happy to make it available. He spoke regarding the many Fire Department employees that work 80 hours a week to cover for projects for which there are no full-time positions such as arson, etc. He stated that the Huntington Beach Firemens' Association requested that the Fire Chief have an opportunity to address Council regarding over -time as the firemen are working under his direction. John Hamer spoke regarding an article in a San Jose newspaper regarding Fire Department services. He stated that he believed the paramedics should be privatized and a public services force established. Gina Gleason, Huntington Beach Dog Park representative, spoke in support of the Dog Park stating it was an asset to the community. Suzie Rickerson spoke in opposition to the "Set Free Church" due to what she believed was a detrimental effect on their neighborhood. The City Clerk announced a petition with approximately 13 signatures to Restore the Quality of Life dated September 5, 1995 had been provided to Council and the City Clerk during the meeting by Ms. Rickerson. Discussion was held by Council and the City Administrator regarding the need to investigate and resolve this problem with the assistance of the City Attorney's Office. Mau Whitney stated it was unfair to allow a church to hold activities in a residential neighborhood, as trash, parking and noise problems impact the neighborhood. David Artesani spoke in opposition to Rainbow Disposal not being an equal opportunity employer. He requested that the city investigate as Rainbow Disposal has a city contract. Report Requested Regarding Rainbow Disposal Employment Practices The Mayor requested a report of this matter from the City Administrator. Brad Hills, Huntington Beach Chamber of Commerce representative and a Certified Public Accountant, stated he would like to see the Coultrup project moved forward. �.w5 Page 6 - City CouncillRedevelopment Agency Minutes - 09/05/95 Jack Clapp spoke in opposition to the effect on his beach concession business during the two surf contests held on the beach. He stated that prior, during and after the event was held, a chain link fence had been erected by promoters for 28 days in middle of the season and that the area was not used except for four days and he believed it was for the use of the promoters. He stated the promoter charged for admission, received free parking spaces and brought their own food vendors. He stated that the city permit conditions are not enforced and requested that a council committee be formed to get the beach concessions involved in planning future events. Councilman Garofalo stated that there is a Special Events Committee that meets at the Art Center and invited Mr. Clapp to attend. Councilman Bauer stated that criteria needs to be developed to which all events must adhere. He stated that there appears to be a negative cash flow to the city and that the various committees do not seem to coordinate. He questioned whether the city does or does not make money and stated the need for the city to have an accounting. Councilman Harman stated that it was unfair to the concessionaire to effect his business for such a long period of time and that the location of the fence should have been changed. The Community Services Director reported on the issue including information that the city obtains a $500 permit and that the promoters sometimes change the structure of the event after city approval is granted. (City Council) Council Committee/Council Liaison Report - First Concert Announced - Huntington Beach Music Society Councilman Bauer spoke regarding the first concert of the Huntington Beach Music Society to be held Friday night, September 8, 1995 at 8:00 p.m. at the Central library. Concerns Expressed Regarding Fiscal Problems Councilman Garofalo stated that during his short term in office he has seen many problems requiring Council action including water, infrastructure, Redevelopment, and the county bankruptcy. He spoke regarding the fact that the salaries and benefits provided to city employees were approved by the City Council in office at that time and that the 25 highest paid employees are within the range of other cities in the county. 465 Page 7 - Council/Agency Minutes - 09/05/95 (City Council City Administrator's Report - Status Report - Orange County Bankruptcy - Settlement Agreement The City Administrator presented a status report regarding the Orange County Bankruptcy. He stated that a Draft Settlement Agreement will be available this week and that he will prepare a status report for Council. (City Council Public Hearin-1995196 Budget - Increase In Water Basic Rate Charge And Usage Rates - Continued To September 18, 1995 (320.20) The Mayor announced that this was the meeting set for a public hearing to consider the fiscal year 1995/96 City Budget and to consider increasing the water basic rate charge and usage rates charged by the city's Water Department. The proposed budget for fiscal year 1995/96 totals $190,836,499 including General Fund Expenditures proposed at $95,947,500. Revisions to Water Department rates are required to institute a program of deferred maintenance and provide sufficient additional revenue to fund the increased cost of water purchased by the city for delivery to the public. The Water Department is required by ordinance to maintain a balanced budget. Rates have not been revised since 1991. The additional revenue for fiscal year 1995196 is estimated to be $2,500,000. Consideration will also be given to a second, proposed rate increase to fund Water Capital Improvement Projects as identified in the Water Master Plan. It is estimated that $3,790,000 in additional revenue will be received in fiscal year 1995/96 and will be used exclusively for Master Plan Capital Improvements. The City Administrator presented an overview of the Budget using slides. The Fire Chief presented a staff report using slides regarding the effect of the resignation of the City of Westminster Fire Department from the Joint Powers Agreement. The Public Works Director presented a staff report using slides regarding the infrastructure improvements needed. Discussion was held by Council and staff regarding the need for a dependable water supply for fires, tiering of water rates and water meter size. Legal notice as provided to the City Clerk's Office by staff had been published and posted The Mayor declared the public hearing open. Page 8 - City Council/Redevelopment Agency Minutes - 09/05/95 Late Communications Announced Earlier In The Meeting By The Citv Clerk; A Comparison of Water Bills prepared by Jeff Renna, Water Operations Manager, dated September 5, 1995 A communication from Administration of a slide report regarding the 1995-96 Budget Public Hearing A communication from Seacliff Partners dated June 5, 1995 regarding the Water Master Plan Capital Improvement Financing A slide report prepared by Public Works Department regarding the Public Works Integrated Water Rate Proposal A communication from the Bolsa Chica Land Trust dated September 5, 1995 regarding the Water Rate Usage and the Koll Development Company Bolsa Chica Project A communication dated September 5, 1995 from Steve Reuter, Marine Safety Officer Association President, regarding Marine Safety Officer Cost Bill Holman, Seacliff Partners representative, spoke regarding his communication regarding the Water Master Plan Capital Improvement Financing and stated that a copy of the letter was distributed in the past to Council and corrected the City Clerk's announcement of the date of the communication. Discussion was held by Council and staff on the water issue. Staff Reports Requested Regarding Economic Incentives For Developers And Commercial Water Fees In Orange County The Mayor requested information on economic incentives for developers and -the feasibility of the city establishing the fee and having the ability to forgive certain developers who build quality projects. Councilman Garofalo requested information that may have been previously distributed to Council regarding a survey of Orange County cities commercial water fees. Flossie Horgan, Bolsa Chica Land Trust representative, spoke regarding water needs of the Bolsa Chica area and waste water. She requested that Council include in their motion Item Nos. 1, 2, and 3 of the Bolsa Chica Land Trust letter announced earlier in the meeting by the City Clerk. Steve Reuter, Marine Safety Officers Association President, presented recommendations regarding the Marine Safety Budget stating that he believed they are dropping below safety levels. 467 Page 9 - Council/Agency Minutes - 09/05/95 Tom Logan, property owner, stated that he believed more water wells should be dug which would be a substantial savings over building a reservoir. Bob Winchell , Huntington Beach Water Task Force member, spoke in support of the statements made by Flossie Horgan, Bolsa Land Trust representative, regarding the Council adopted policy that the Koll Company and future residents of the Bolsa Chica should incur all costs of supplying water to the Balsa Chica development. Tina Page read a letter of appreciation from her parents, Elsie and James Harrington, regarding the response of the Fire Department in August at the fire at their home and in support of the quick response. She spoke regarding her parent's apprehension relative to the proposed cut backs in the Fire Department Budget. She requested that the cut backs not be approved and that Council search for new alternatives and a better solution to protect and preserve our city. Scott Fegy, Huntington Beach City Lifeguard, stated his concerns with cut backs in the Police Department, Fire Department and Marine Safety Department. He stated resources were being expended for the increased number of events held at the beach. Mr. Ferry stated that the Seapoint Street extension would cause increased beach use resulting in the need for more safety department resources. William Ogden, Huntington Beach Firemens' Association President, spoke regarding the proposed budget cuts and stated that the Huntington Beach Firemens' Association has worked with the management in redesigning the department. He stated that the Fire Department staffing is well below national standards and that firefighter safety is compromised by the reduction in staffing and loss of the City of Westminster from the Joint Powers Agreement. Wade Hawley, Literacy Volunteers of America Huntington Valley representative, stated that the City Administrator and Library Director had prepared a plan which allows the Literacy Volunteers of America Huntington Valley to continue and the funds previously requested of Council were no longer necessary. He stated the Literacy Volunteers of America Huntington Valley members support the plan and expressed appreciation for Council's continuing support of the program. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held by Council and staff regarding the growth management plan and elimination of firefighters. By general consensus of the Council the 1995-96 Budget public hearing was continued open to September 18, 1995. Ow Page 10 - City Council/Redevelopment Agency Minutes - 09/05/95 (City Council) Report Requested Regarding Residential Building That Does Not Generate Revenue Sufficient To Pay For Required Services Councilman Bauer requested information regarding issuance of building permits without the ability to provide services. He stated that the income that residential generates does not pay for the required services and is there a more effective way of dealing with that issue. Councilman Bauer referred to the Growth Management Plan. The City Administrator stated that a report would be presented on September 18, 1995. Councilwoman Dettloff requested clarification from the Fire Chief regarding Captain Ogden's statements and the three firefighter positions being eliminated. The Fire Chief reported. Recess - Reconvene The Mayor recessed the City Council and Redevelopment Agency meeting at 9:45 p.m. The meeting was reconvened at 10:05 p.m. in the Council Chambers. (City Council Public Hearin - Adopted Resolution No. 6709 - 1994-1995 Annual Report - Huntington Beach Auto Dealer Business Improvement District - Resolution No. 6709 - Approved Annual Assessment for 1995-96 Fiscal Year - Approved (460.30) The Mayor announced that this was the meeting set for a public hearing pursuant to Resolution No. 6405 adopted on August 21, 1995 to hear all interested persons for or against the continuation of the Huntington Beach Auto Dealers Business Improvement District and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing but if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received by the owners of businesses within the District which will pay 50% or more of the total assessments to be levied, no further proceedings to establish the District shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District, those types of improvements or activities shall be eliminated. The Acting Economic Development Director presented a staff report. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. Page 11 - Council/Agency Minutes - 09/05/95 The Mayor declared the public hearing open. There being no one 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 Harman, seconded by Leipzig, to approve the Huntington Beach Auto Dealers Business Improvement District Annual Report for 1994-95 and adopt Resolution No. 6709 - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH APPROVING AN ANNUAL ASSESSMENT FOR FISCAL YEAR 1995-1996 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT." The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Sullivan Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Garofalo) minutes and budget amendment regarding Kettler School Field Relocation and Junior Miss Softball Backstops and (Bauer) Citizens Advisory Board appointments and re -appointments. Consent Calendar - Items Approved On motion by Green, second Garofalo, Council approved the following items, as recommended by roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Sullivan (City Council Compliance With New Fin er rintin Laws - Approved (320.20) - Approved an amendment to the current fiscal year 94195 budget allocating $27,716 into the following department accounts for the purpose of complying with new state fingerprinting laws: E-AA- CS-350-2-21 - $22,600; E-AA-LS-391-2-21 - $4,120; E-AA-PW-410-2-21 - $332, E-AA-CD- 230-0-00 - $332; and E-AA-AD-102-2-21 - $322. 470 Page 12 - City Council/Redevelopment Agency Minutes - 09/05/95 (City Council) Environmental _Board _- Appointments - Burkland/L_aForce/Mount! Tomko/Macenski/Rev/Singer - Approved (110.20) - Appointed .Janet Burkland, Cecile LaForce, Paul Mount and Mark Tomko to first terms and appointed Alien Macenski, Theresa Rey and Mark Singer to second terms expiring on imly 6, 4W . &1301gq (City Council) Library Board of Trustees - Appointments - Ruth Finley/Patricia Bril - Approved (110.20) - Appointed Ruth Finley and Patricia Bril to the Library Board of Trustees, terms to expire 4a4-5-4635. &I3o fqq (City Council) Request Regardina Waiver Of Fees -1996 Olympic Games Torch Relay Event - Approved (340.20) - Authorized the Mayor, on behalf of the City Council, to sign the letter to the Atlanta Committee for the Olympic Games, as outlined in Attachment No. 1 to the Request for Council Action dated September 5, 1995 in support of the Torch Relay within the city and indicate an acceptance of the local government responsibilities as requested by the Olympic Committee and to transmit it to the Regional Advance Manager for the Olympic Torch Relay Event. (City Council Junior Lifeguard Program - Budget Amendment - Approved (320.20) - Approved an amendment to fiscal year 1994/95 Budget to increase Program No. 348 budget by $33,300 (.Junior Lifeguard Program). (City Council Landscaping License Agreement - Seacliff Partners - Tract No. 14662 Lots AA And BB -Huntington Street -Approved (600.10) -Approved and authorized the Mayor and City Clerk to execute and the City Clerk to record the License Agreement by and between the city and Seacliff Partners to provide Landscaping and Other Improvements in the public right-of-way. (City Council Landscaping License Agreement - Seacliff Partners Tract No. 14560 Lots 1 Through 25 A. B. And C - Palm Avenue - Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute and the City Clerk to record the License Agreement by and between the city and Seacliff Partners to provide Landscaping and Other Improvements in the public right-of-way. (City Council) Budget Appropriation For Street Trees - Approved (320.20) - Approved an appropriation of $10,000.00 to fund the purchase of replacement street trees when the costs of those trees are reimbursed by residents. 471 Page 13 - Council/Agency Minutes - 09/05/95 (City Council Adopted Resolution No. 6708 - Annual Appropriation Limit Pursuant to Article 13 B of California Constitution (320.20) - Adopted Resolution No. 6708 - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE APPROPRIATION LIMIT FOR FY 1994/95." Appropriation limit of $252,528,420 for the fiscal year 1995/96. (City Council) Assignment Of Easement - Tract No. 14009 - (The Hamptons) - Saddleback Lane - Seacliff Partners - A proved (650.80) - Accepted the Assignment of Easement from Seacliff Partners, authorized the Mayor and City Clerk to execute and instructed the City Clerk to have the document recorded with the County Recorder. (City Council Designation Of Voting Dele ate For California Lea ue Of Cities Annual Conference - Dettloff - Green Alternate - Approved (120.10) - Appointed Councilwoman Shirley Dettloff as the voting delegate and Councilmember Peter Green as the voting alternate at the League of California Cities Annual Conference to be held October 22-24, 1995. Ci Council Use Of Jail Revenue To Pay For Remodel Of Third Module In Female Housing Unit Of Huntington Beach Jail - Approved (320.20) - Appropriated $37,000 from the General Fund and placed into Account No. E-AA-PD-334-631-00 and authorized expenditure of $37,000 for the conversion of the third module to a Pay To Stay facility for females. City Council/Redevelopment Anencv) Minutes - Approved And Adopted The City Council considered the minutes prepared by the City Clerk' Office of the Council and Agency adjourned regular meeting of Juiy 5, 1995. Councilman Garofalo referred to Pages 9, 15, and 20 regarding marketing of Ocean View Estates through the Board of Realtors, a meeting with the Finance Board, and request for a report as to whether public safety measures have been put on election ballots. The City Administrator stated that he had prepared a report and would provide it to Councilmember Garofalo. A motion was made Garofalo, seconded by Green, to approve and adopt minutes of the Council/Agency adjourned regular meeting of July 5, 1995 as written and on file in the Office of the City Clerk. The motion carried by unanimous vote. 472 Page 14 - City Council/Redevelopment Agency Minutes - 09/05/95 (City -Council Citizens Advisory Board CAB - Appointed Richardson - Re -Appointed - Allison/Maher/Thatcher/Armendariz - Approved (110.20) The City Council considered the agenda communication from the Acting Economic Development Director dated September 5, 1995 regarding the Citizens Advisory Board appointments. Councilman Bauer removed Charles Cruit from the list of appointments as he is currently serving on the Finance Board. He stated that he and Councilman Green, Liaisons to the Board, would make an appointment at a later date. A motion was made by Bauer, seconded by Leipzig, to appoint one new member to the Citizens Advisory Board: Roy Richardson, whose term will expire June 30, 1999, re -appointed Dean Allison and Mary Maher, whose first full term will expire June 30, 1999 and re -appointed Alan Thatcher and Richard Armendariz, for a second four year term that will expire July 5, 1995. The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Sullivan Councilwoman Dettloff announced the appointments to the Citizens Advisory Board, Environmental Board, and Library Board of Trustees. She read the names and commented on the quality of the volunteers. (City Council) Kettler School Field Relocation - Junior Miss Softball Backstops - Budget Amendment -Approved (320.20) The City Council considered the agenda communication from the Community Services Director dated September 5, 1995 regarding the Kettler School Field Relocation. The Community Services Director presented a report regarding the re -configuration of the fields to provide more visibility and deter vandalism. A motion was made by Bauer, seconded by Dettloff, to approve an amendment to the fiscal year 1994/95 budget allocating $15,000 for the relocation of Junior Miss Softball backstops at Kettler School. The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Sullivan 473 Page 13 - Council/Agency Minutes - 09/05/95 (City Council) Adopted Resolution No. 6708 - Annual Appropriation Limit Pursuant to Article 13(B) of California Constitution (320,20) - Adopted Resolution No. 6708 - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE APPROPRIATION LIMIT FOR FY 1994I95." Appropriation limit of $252,528,420 for the fiscal year 1995/96. (City Council) Assignment Of Easement - Tract No. 14009 - (The Hamptons) - Saddleback Lane - Seacliff Partners - Approved (650.80) - Accepted the Assignment of Easement from Seacliff Partners, authorized the Mayor and City Clerk to execute and instructed the City Clerk to have the document recorded with the County Recorder. (City Council) Designation Of Voting Delegate For California League Of Cities Annual Conference - Dettloff - Green'Alternate - Approved (120.10) - Appointed Councilwoman Shirley Dettloff as the voting delegate and Councilmember Peter Green as the voting altemate at the League of California Cities Annual Conference to be held October 22-24, 1995. (City Council) Use Of Jail Revenue To Pay For Remodel Of Third Module In Female Housing Unit Of Huntinaton Beach .fail - Approved (320.20) - Appropriated $37,000 from the General Fund and placed into Account No. E-AA-PD-334-631-00 and authorized expenditure of $37,000 for the conversion of the third module to a Pay To Stay facility for females. City Council/Redeveloument Agencv) Minutes - Approved And Adopted The City Council considered the minutes prepared by the City Clerk' Office of the Council and Agency adjourned regular meeting of July 5, 1995. Councilman Garofalo referred to Pages 9, 15, and 20 regarding marketing of Ocean View Estates through the Board of Realtors, a meeting with the Finance Board, and request for a report as to whether public safety measures have been put on election ballots. The City Administrator stated that he had prepared a report and would provide it to Councilmember Garofalo. A motion was made Garofalo, seconded by Green, to approve and adopt minutes of the Council/Agency adjourned regular meeting of July 5, 1995 as written and on file in the Office of the City Clerk. The motion carried by unanimous vote. 472 Page 14 - City Council/Redevelopment Agency Minutes - 09/05/96 (City Council) Citizens Advisory Board (CAB) - Appointed Richardson - Re-Appointed_- Allison/MaherlThatcher/Armendariz - Approved (110.20) The City Council considered the agenda communication from the Acting Economic Development Director dated September 5, 1995 regarding the Citizens Advisory Board appointments. Councilman Bauer removed Charles Cruit from the list of appointments as he is currently serving on the Finance Board. He stated that he and Councilman Green, Liaisons to the Board, would make an appointment at a later date. A motion was made by Bauer, seconded by Leipzig, to appoint one new member to the Citizens Advisory Board: Roy Richardson, whose term will expire June 30, 1999, re -appointed Dean Allison and Mary Maher, whose first full term will expire June 30, 1999 and re -appointed Alan Thatcher and Richard Armendariz, for a second four year term that will expire June 30, 1999. The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Sullivan Councilwoman Dettloff announced the appointments to the Citizens Advisory Board, Environmental Board, and Library Board of Trustees. She read the names and commented on the quality of the volunteers. (City Council) Kettler School Field Relocation - Junior Miss Softball Backstops - Budget Amendment - Approved (320.20) The City Council considered the agenda communication from the Community Services Director dated September 5, 1995 regarding the Kettler School Field Relocation. The Community Services Director presented a report regarding the re -configuration of the fields to provide more visibility and deter vandalism. A motion was made by Bauer, seconded by Dettloff, to approve an amendment to the fiscal year 1994195 budget allocating $15,000 for the relocation of Junior Miss Softball backstops at Kettler School. The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Sullivan 473 Page 15 - Council/Agency Minutes - 09105/95 Clarification Made Later In The Meeting Later in the meeting the Community Services Director clarified that Junior Miss Softball members were not the cause of the vandalism problem. Discussion was held by Councilmembers regarding user fees and the MSI study. (City Council) Administrative Hearing - Removal Of Four On -Street Parking Spaces - Main Street - Adjacent To 221 Main Street - Joe Rivello, Pacific Coast Cafe And Ritmos Restaurant - Approved - Council Committee Formed - Appointments To Be Made At A Later Date (560.35) The City Council considered the agenda communication from the Community Development Director transmitting a request by Joe Rivello, applicant, representing Pacific Coast Cafe (221 Main Street, Suite A) and Ritmos (221 Main Street, Suite B) restaurants, to remove four on -street public parking spaces on the west side of Main Street, south of Olive Avenue. This will enable the applicant to create an outdoor plaza area similar to adjoining businesses for outdoor dining purposes. If the request is approved the applicant will process a conditional use permit to the Zoning Administrator to establish outdoor dining on the plaza area. The Community Development Director presented a staff report using slides. Considerable discussion was held by the Community Development Director, Police Chief, Deputy City Attorney Lazarus and the City Treasurer reported regarding various aspects of the issue including a current unrelated debt owed to city by applicant, advisability of property lien as security on the debt and removal of parking spaces. Councilman Bauer questioned if the recommended action was consistent with the California Coastal Commission regulations. The Planning Director reported on the reasons why it was consistent. The Mayor stated that a committee would be formed to review this issue and that he would announce appointments at a later date. A motion was made by Garofalo, seconded by Green, to approve the removal of four public parking spaces with the following requirements: A. The applicant shall participate in the In -Lieu Parking Fee Implementation Program (4 @ $12,000.00 space = $48,000.00) prior to the removal of the four spaces; and B. All design and construction of the plaza area shall, including curb, gutter, and storm drain inlet be paid by the applicant. 474 Page 16 - City Council/Redevelopment Agency Minutes - 09/05/95 The motion carried by the following roll call vote: AYES: Harman, Leipzig, Dettloff, Green, Garofalo NOES: Bauer ABSENT: Sullivan Motion To Continue Council/AgencyCouncil/Agency Meeting Past 1 1:00.m. - Approved A motion was made by Garofalo, second Green, to continue the Council/Agency meeting past 11 p.m. The motion carried unanimously. (Redevelopment A enc. Initiate Process To Consider Mercier And Amendment Of Five Redevelopment Project Areas - Main-Pier/Huntington Center Oakview, Talbert -Beach - Yorktown -Lake - Approved (410.05) The City Council considered the agenda communication from the Acting Economic Development Director and Deputy City Administrator Administrative Services informing the Agency that the Redevelopment Agency's bond rating, and hence its ability to issue new debt, has been negatively impacted by declining annual property tax revenue. This situation, combined with the current or impending expiration of certain Redevelopment Agency powers necessary to carry out the redevelopment process, require that the Agency consider both the merger of the project areas, and amendments to the underlying redevelopment plans for each area. This item was reviewed and approved by the City Council Economic Development Committee on August 25, 1995. Two communications were received and distributed to Council from Administration regarding the slide presentation of the Redevelopment Agency Project Area Merger and Amendment process and a Summary of Redevelopment Cash Flow Projections (Excluding Housing Set - Aside). The Acting Economic Development Director and the Deputy City Administrator Administrative Services presented a staff report. The Hank Cunningham, Cunningham and Associates representative, presented a report. Considerable discussion was held by Council and staff including the feasibility of the revision of the Council policy to allow for less than a two thirds participation in portions of the downtown area. 475 Page 17 - Council/Agency Minutes - 09/05/95 A motion was made by Garofalo, seconded by Green, to seek proposals from qualified legal, environmental, and redevelopment consultants to initiate the process for merging and amending the redevelopment plans for the Main -Pier, Huntington Center, Oakview, Talbert - Beach, and Yorktown -Lake project areas. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Dettloff, Green, Garofalo NOES: Bauer ABSENT: Sullivan (City Council) Amend Huntington Central Park Master Plan - Location For Dog- Park In Huntington Central Park - East Of Edwards And North Of Ellis - Approved (920.20) The City Council considered the agenda communication from the Community Services Director informing Council that due to public demand, there is a need to consider a location for a permanent Dog Park area in the city. Two communications from Jeff Lace, dated September 5, 1995, in opposition to approving the Dog Park thus eliminating a portion of the horse trail were announced earlier in the meeting. The Community Services Director presented a staff report stating the trial period for the Dog Park had been very successful. He referred to communications announced earlier from Mr. Lace. The Community Services Director requested that Council delete a portion of the recommended action as follows: "Amend the Huntington Central Paris Master Plan and designate the Dog Park area at its current trial location, east of Edwards Street, north of Ellis Avenue in the undeveloped portion of Huntington Central Park; eliminate a portion of the horse trail to the north, create minimum 20' buffer screening between the Dog Park and the horse trail on the west and south sides." He stated that the Community Services Commission approved the Dog Park as long as there is no net area loss. He informed Council the volunteer group has committed $15,000 toward the Dog Park. He spoke regarding a proposed management agreement with the group. A motion was made by Harman, seconded by Green, to amend the Huntington Central Park Master Plan and designate the Dog Park area at its current trial location, east of Edwards Street, north of Ellis Avenue in the undeveloped portion of Huntington Central Park. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Sullivan rit-A Page 18 - City Council/Redevelopment Agency Minutes - 09/05/95 (Redevelopment Agency) Legal Services Agreement - Kane Ballmer And Berkman - Approved -Continued To September 18, 1995 (600.30) The City Council considered the agenda communication from the City Attorney transmitting a contract with Kane, Ballmer and Berkman for Redevelopment Agency legal services. A communication from Thomas Clark, Jr., Stradling, Yocca, Carlson and Rauth, dated September 5, 1995 pertaining to a Request for Quotation for the item regarding Legal Services Agreement with Kane, Ballmer and Berkman The City Administrator requested that the agreement be continued to September 19, 1995 to allow for Legal Affairs Committee review because of the letter from Thomas Clark announced earlier in the meeting by the City Clerk. A motion was made by Green, seconded by Harman, to continue the decision regarding the Agreement between the Redevelopment Agency and Kane, Ballmer and Berkman to September 18, 1995. The motion carried by unanimous vote. City Council) Adopted Ordinance No. _3298 - Fourth Of July Executive Board (640.10) The City Council considered the agenda communication regarding Ordinance No. 3298 for Council adoption. Introduction of the ordinance was approved on August 21, 1995. A motion was made by Green, seconded by Garofalo, to adopt Ordinance No. 3298 -"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.106 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO THE FOURTH OF JULY EXECUTIVE BOARD." The motion carried by the following roll call vote: AYES: Harman, Bauer, Dettloff, Green, Garofalo NOES: Leipzig ABSENT: Sullivan (City Council Request For Release Of City Employee Salary Information - Deferred To A Later Date For Legal Opinion From City Attorne 's Office (700.30) Councilman Bauer requested that the City Attorney release salary information similar to that recently released to a local newspaper for all permanent employees of the City of Huntington Beach. He suggested to the City Council that the Finance Board be given the charge to carry out the following study: Review salary information for the employees of the City of Huntington Beach with regard to internal consistency, payment of overtime, salary Administration practices, and a comparison with other agencies who compete with us for prospective employees who have a high level of competence. 477 Page 19 - Council/Agency Minutes - 09/05/95 Councilman Bauer spoke in support of the release of city employee salary and benefit information and stated that the information provided need not contain employee names. He stated that he would like the Finance Board to perform a study of employee salaries and benefits compared with other cities and use private industry as a base or benchmark. Discussion was held by Council including whether the Finance Board or the Personnel Board should conduct the study. The Mayor stated he believed the Finance Board should do the report and their report be reviewed by the Personnel Board. The City Administrator reported at the request of the Councilman Garofalo that 15 Orange County cities do pay the employees PERS portion. He stated that staff had initially informed Council that no other Orange County city paid the PERS portion for employees. ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 12:30 a.m. to Monday, September 11, 1995 at 5:00 p.m. in Room B-S, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: 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 Mayor/Chairman