HomeMy WebLinkAbout1995-09-25MINUTES
CITY COUNCIUREDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 P.M. - Room B-8
6:30 P.M. - Council Chamber
Huntington Beach, California
Monday, September 25, 1995
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, Leipzig, Dettloff, Green, Garofalo, (Sullivan arrived during the
closed session)
ABSENT: None
Recess - Closed Session
The Mayor called a recess of the City Council and the Redevelopment Agency to consider
the following closed session items:
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
regarding the following employee organizations: Marine Safety Officers' Association, Police
Officers' Association, Police Management Association, Municipal Employees' Association,
Management Employees' Organization, Huntington Beach Firefighters Association, and Surf
City Lifesaving Employees' Association. (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)
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Page 2 - City Council/Redevelopment Agency Minutes - 09/25/95
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 regarding the Orange County; U. S. Bankruptcy Court
Case No. SA 94-22272 JR Administratively Consolidated with Case No. SA 94-22273 JR.
Joint Agreement of the County of Orange, the Official Investment Pool Participants' Committee
and each option a pool participant for resolution of all claims against the County of Orange.
(120.80)
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 regarding the Orange County; U. S. Bankruptcy Court
Case No. SA 94-22272 JR Administratively Consolidated with Case No. SA-94-22273 JR.
(120.80)
Reconvene
The Mayor reconvened the regular meetings of the City Council and Redevelopment
Agency at 7:40 p.m. in the Council Chambers.
City Council/Redevelopment Agency Roll Call
Present: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
Absent: None
(City Council) Settlement Of Liti ation In Closed Session On September 18-1995
Regarding Lewis Jorge Construction Management Incorporated v. City - Orange County
Superior Court Case No. 73 83 87 - Approved (630.40)
The City Council considered the communication from the City Attorney regarding the
settlement of litigation regarding Lewis Jorge Construction Management Incorporated v. City,
Orange County Court Case 73-83-87, on which Council had approved during closed session
on September 18, 1995 and which approval of said settlement was necessary to be made in
open session.
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Page 3 - Council/Agency Minutes - 9/5/95
On motion by Harman, second Garofalo, Council announced the approval of the settlement of
the lawsuit, Lewis Jorge Construction Management, Incorporated v. City of Huntington Beach,
appropriated $315,000 from the Unappropriated General Fund as payment in full of settlement
with Lewis Jorge Construction Management, Incorporated and appropriated $25,000 from the
Unappropriated General Fund to the City Attorney's Litigation Account, Account No. E-AA-AT-
130-4-06, for payment of the expert witness fees to Gafcon, Incorporated. The motion carried
by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
(City Council) Continued from September 18, 1995 - Approval of Police Specialist
Position for Burglar Alarm Permit Processing -Approved (700.10)
The City Council considered the communication from the Police Chief requesting approval of
the position of Police Specialist as assistant for the Police Department alarm office.
The City Attorney reported on the reasons for the merit system as required by City Charter and
that alternatives could be effected if Council proposed a charter amendment. Council could
also have two one half-time temporary employees.
Councilman Sullivan stated he favored part-time employees because of the optional retirement
provisions. He reported on the costs of this provision. He stated a two tier system was
needed and the hiring of a part-time employee would be a temporary solution until a two tier
system can be done.
A motion was made by Sullivan, second Bauer, that the position of Police Specialist be filled
by part-time positions.
The City Administrator stated that the retirement provision referred to by Councilman Sullivan
had been in effect since the mid 1980's. He reported on the negotiation process.
Councilman Harman stated he believed part-time employees were preferable and asked the
Police Chief his opinion regarding part-time versus full-time.
The Police Chief stated his opinion that a full-time employee is needed to fill the position of
Police Specialist.
A substitute motion was made by Green, second Garofalo, to approve the position of Police
Specialist (Job Code 6656i/Jots Range 362) as assistant for the Police Department Alarm
Office. The motion carried by the following roll call vote:
AYES: Leipzig, Dettloff, Green, Garofalo
NOES: Harman, Bauer, Sullivan
ABSENT: None
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Page 4 - City Council/Redevelopment Agency Minutes - 09/25/95
Request By Councilwoman Dettloff That Recent Racial Epithets Occurrence Be
Investigated
Councilwoman Dettloff requested the City Attorney and Police Chief to investigate the
occurrence of recent racial epithets directed at couples considering moving into home in the
downtown area.
Police Chief Lowenberg reported that an investigation is already underway between the
Huntington Beach Police Department and the Human Relations Commission
Councilman Sullivan spoke regarding an incident in another community where persons
harassing and throwing objects at an Hispanic woman at a bus stop were apprehended by the
police.
Report Requested By Councilman Garofalo Regarding Cruising And Curfew Ordinances
And Feasibility Of Holding Downtown Street Fair On Fourth Of July
Councilman Garofalo asked the Police Chief if the Street Fair had caused problems in the
downtown area the past weekend.
The Police Chief responded that problems had not occurred.
Councilman Garofalo requested a report on the status of the city's recently enacted cruising
and curfew ordinance. He requested a report on the feasibility of having a street fair
downtown on the Fourth of July and presented reasons why he believed this concept would
work.
Report Requested Regarding Costs Of Supplemental Retirement Benefit For A Newly
Hired Employee
Councilman Sullivan requested the City Administrator to prepare a report on the costs of the
Supplemental Retirement benefit for a newly hired employee.
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Page 5 - Council/Agency Minutes - 9/5I95
ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY
The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach to Monday, Monday, October 2, 1995 at 5:00 p.m. in Room B-
8, 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
Z/,/,, r '-
-4�nz
Mayor/Chairman
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