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HomeMy WebLinkAbout1995-10-16MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Monday, October 16, 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 5:15 p.m.) Absent: None Study Session - Report And Discussion Regarding City of Huntington Beach Economic Development Strategy -Hank Cunningham And Associates With City Staff (460.10) The Assistant City Administrator made a slide presentation and reported on the proposed Economic 'Development Strategy scheduled later on the City Council agenda . He presented the history of the subject including the document drafted by Hank Cunningham. David Biggs, Economic Development Director presented a report review slides on the subject. Hank Cunningham, Cunningham and Associates representative, reviewed the city Economic Development Mission. Discussion was held by the City Council and staff including discussion regarding how the strategy relates to the plan. Councilman Bauer used the land. at Goldenwest Street and Warner Avenue as an example of a.relationship of property to the General Plan. Councilwoman Dettloff questioned if the report addressed high technical medical technology. Councilman Green questioned why emphasis was not put on retail. Councilman Green was informed that retail did receive emphasis but was not identified as a "cluster". 538 Page 2 - City Council/Redevelopment Agency Minutes - 10/16/95 Hank Cunningham, Jim Lamb, Economic Development Project Manager, and the City Administrator reported on how they perceived retail informing the City Council that retail was a group in its own. Mayor Leipzig spoke regarding the importance of flexibility in the Economic Development strategy. Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 5:30 p.m. to consider 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 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 54956.8 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. (400.50) 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 v. McDonnell Douglas Corporation U. S. District Court Case No. SACV 94 29 LHM (RWRx). (120.80) 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 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) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 6:50 p.m. in the Council Chambers. 5.39 10/16/95 - Council/Agency Minutes - Page 3 City Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Absent: None Pledge of Allegiance The Pledge of Allegiance was led by the Mayor. Presentation: By Mayor Victor Leipzig to Donald Watson, City Treasurer, Certificate of Recognition upon his retirement effective October 31, 1995, for his many contributions as City Treasurer. City Treasurer Don Watson presented a farewell statement to the City Council, staff and audience. Presentation: By Mayor Victor Leipzig to the HBTV-3 staff: Richard Barnard, Deputy City Manager/HBTV-3 Executive Producer; Walt Eby, Engineer; Greg Furlong, Tim Flanagan, Ron Davey, Directors; and Kelly Shanley, Programming/Scheduling; recognizing their achievement of receiving two awards at the National Association of Telecommunications Officers and Advisors (NATOA). HBTV-3 received second place in the category of Community Event Coverage for its coverage of the "Public Works Open House", and third place in the category of Excellence in Government Programming of a station with a budget of $250,000-$500,000. 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: Memorandum from the Personnel Director to the City Administrator dated October 16, 1995 regarding Overtime Compensation Questions Slide report dated October 16, 1995 entitled City Administrator's Report - Employee Compensation Review Slide report from the Economic Development Director regarding the proposed Economic Development Strategy Three corrected pages of minutes: August 7, 1995 - Page 25 and August 21, 1995 - Pages 14 and 15 540 Page 4 - City Council/Redevelopment Agency Minutes - 10/16/95 Public Comments Bob Winchell, Huntington Beach Tomorrow representative, spoke regarding the agenda item regarding the agreement with the Orange County Library services in the unincorporated Bolsa Chica area. He requested the City Council consider delaying adoption. Mr. Winchell stated his concern regarding the time line for availability of agenda materials and requested that Council consider adopting a position that if items are not available to the public prior to the meeting that Council will not take action on the item. Mark Porter, Huntington Beach Tomorrow President, presented recommended changes in the timing of the Talbert Street and Slater Avenue intersections as it pertains to a consent calendar item on the agenda. Wendy Mello spoke regarding flyers her neighbor had placed illegally in a public mail box. She also presented a flier to the City Council which was put in her car while she was at the public library. She also spoke in opposition to Citizen's Bureau of Investigation recommendation that the Orange County Sheriff take over Police Department functions. Edward Mello spoke in opposition to flyers showing the City Council and city employees as pigs. Mr. Mello informed Council that he believed the Police Department is understaffed. Mike Smith, National Rifle Association representative, spoke regarding the U. S. Constitution and asked that the gun range be reopened to the public. The Mayor informed Mr. Smith that the gun range was open to the public. Dennis Davenport, National Rifle Association representative, addressed the City Council and informed the Council that the gun range was not open. Mr. Davenport also spoke regarding the U. S. Constitution and stated that the assault weapon ban did not have any effect on crime. Manny Rothstein, National Rifle Association representative, spoke regarding the vote at the League of Cities meeting supporting the Chiefs of Police position on gun control. He requested information as to how the city vote came to be. Councilman Garofalo questioned the voting procedure at the League of Cities. Charles Nowotny, Police Department representative, spoke regarding the need for support for the Police Department using the example of the reduced resources of the Police Department laboratory. Memorandum To Be Prepared From City Administrator Regarding Police Laboratory The City Administrator stated that a memo would be sent to the City Council regarding the Police laboratory issue. 541 10/16/95 - Council/Agency Minutes - Page 5 Topper Horack spoke regarding statement made during the October 1, 1995 meeting stating that he believed Huntington Beach should be referred to as a whole town rather than having Huntington Harbour spoken of as a separate area. Mr. Horack stated that he did not want to subsidize the Koll Company and that the ordinance include a provision for no grand -fathering. (City Council) Council Liaison Report From Councilman Garofalo - Fourth Of July Executive Board Inaugural Meeting (110.10) Councilman Garofalo announced names of the Fourth of July Executive Committee Chairs and reported on their assignments. He requested volunteers to contact Richard Barnard, Deputy City Administrator, if they wish to participate. (City Council) George Arnold - Going Awav Party - Announced Councilman Garofalo announced a going away party for George Arnold to be held at the Pacific Coast Cafe October 25, 1995. (City Council) City Administrator's Report - City Employee Compensation Report (700.10) The City Administrator stated that the city employees compensation report has been prepared and distributed to Council. He presented a slide report on the subject and also spoke regarding the Ralph Anderson Public/Private Sector Salary Comparison. He stated that copies of the city employees compensation report are available to the public. The. Police Chief and Fire Chief reported on over -time, the need for over -time and how over- time is apportioned. The City Administrator reviewed the history of how the city payment of PERS contribution came about. He stated that if more information was needed, he would be glad to provide the information. Councilman Harman asked if the report would be available and the City Administrator stated that it was available. Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Garofalo) minutes, (Leipzig) bid award traffic signal timing revisions. 542 Page 6 - City Council/Redevelopment Agency Minutes - 10/16/95 Consent Calendar - Items Approved On motion by Green, second Harman, Council approved the following items, as recommended by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: (Sullivan voted no on Abdelmuti Development Company and Core Holdings Lease) ABSTAIN: (Harman abstained on August 14, 1995 minutes) (City Council) Notice of Completion - Kovac Incorporated - Street Improvements - Various Streets - MSC-375 - Various Signals - Approved (600.50) - Accepted the work completed by Kovac Incorporated at a final cost of $467,236.90 and instructed the City Clerk to file the Notice of Completion for the reconstruction of curb, gutter and sidewalk, along Vane Circle, Bellinger Drive, Gloria Drive, Trojan Lane, Fairfield Lane, View Circle, Goodwin Lane, Lawson Lane and Danes Circle. (City Council) Agreement - Employment Systems Incorporated (ESI) - Staffing For City Ambulance Program - Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute an "Agreement between the City of Huntington Beach and Employment Systems, Incorporated to supply personnel to the city" in the amount not to exceed $520,000 to continue to provide personnel to the City to staff the Huntington Beach Ambulance Program. (This budget amount is totally offset by transfers from the FireMed fund for ambulance transport costs.) (City Council) Plans and Specifications - Call for Bids - Street Improvements - Yorktown E/Beach Blvd. - CC-910 - Approved (600.50) - Authorized the Public Works Director to solicit bids for the construction of Yorktown Avenue east of Beach Boulevard, CC-910, contingent upon CalTrans approval of the plans, specifications and estimate; and approved and authorized the Mayor and City Clerk to execute the attached sample construction contract subject to award of the contract to the Council approved lowest responsible bidder. (City Council) Re -Appropriation of Capital Projects Funds - Various Projects - Approved (320.40) - Authorized the Chief of Financial Services to re -appropriate the balance of funds for approved supplemental expenditures for the capital improvement projects listed on Attachment No. 1 to the Request For Council Action dated October 2, 1995. (Warren Sewer, Library Parking Lot/Talbert Rehabilitation, Warner Avenue Relief Sewer Station, South Beach Restroom) 543 10/16/95 - Council/Agency Minutes - Page 7 (Redevelopment Agency) Approve as to Fact of Lease Only - Abdelmuti Development Company and Core Holdings - Expansion into Adjacent Suite - (Main -Pier Project Area) - Approved (600.30) - Approved the lease amendment between Abdelmuti Development Company and Core Holdings, as summarized in the Basic Lease Provisions (Attachment No. to the Request for Council Action dated October 16, 1995.) This approval is as to the fact of the Lease only and will accommodate Core Holdings expansion into an adjacent suite. SULLIVAN VOTED NO. (City Council/Redevelopment Agency) Minutes - Approved And Adopted The City Council considered the agenda communication from the City Clerk to approve and adopt minutes of the adjourned regular meetings of August 14, 1995 and August 30, 1995 and regular minutes of August 7, 1995, August 21, 1995, August 28, 1995 and corrected pages seven and fifteen of June 19, 1995. Reports Requested - Councilman Garofalo Councilman Garofalo requested a staff report regarding the issue of the procedure to inform the legislature of city positions, as requested in Council minutes of August 7, 1995 on Pages 21 through 23. He also inquired as to when a report from the City Attorney regarding the Orange County Campaign Ordinance as requested on August 21, 1995, Page 17, would be ready. A motion was made by Green, seconded by Harman, to approve and adopt minutes of the adjourned regular meetings of August 14, 1995 and August 30, 1995 and regular minutes of August 7, 1995, August 21, 1995, August 28, 1995 and corrected pages seven and fifteen of June 19, 1995 as written and on file in the Office of the City Clerk. The motion carried by the following roll,call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None ABSTAIN: (Harman on August 14, 1995 minutes only) (City Council) Bid Award - Albert Grover and Associates - Traffic Signal Timing Revisions - Continued To November 6, 1995 (600.10) The City Council considered the agenda communication requesting approval and authorization for the Mayor and City Clerk to execute the "Professional Services Contract between the City of Huntington Beach and Albert Grover and Associates to update signal timing within the GMA- 6 Project Area" for $30,000 for traffic signal timing plan modifications per the letter proposal from Albert Grover and Associates dated June 23, 1995. 544 Page 8 - City Council/Redevelopment Agency Minutes - 10/16/95 The Public Works Director presented a staff report. He stated that he would meet with Mr. Porter to discuss his concerns. He requested that the agenda item be continued to the next meeting. A motion was made by Dettloff, seconded by Green, to continue the bid award for traffic signal timing revisions to November 6, 1995. The motion carried by unanimous vote. (City Council) City of Huntington Beach Economic Development Strategy - Hank Cunningham And Associates/City Staff -Approved (460.10) The City Council considered the agenda communication received from the Economic Development Director regarding the need to establish an Economic Development Strategy to assist the City Council and staff in prioritizing and implementing programs and tools to retain, expand and attract business to the City on a targeted basis. The Acting City Administrator presented a report regarding global restructuring of the Economic Development project areas. Jim Lamb, Economic Development Project Manager, presented a staff report using slides. He stated that Cunningham and Associates is working on an Edinger Corridor Report and Long Range Constraints Analysis. Hank Cunningham, Cunningham and Associates representative, reported regarding business attraction efforts. Councilman Garofalo requested that the adopted Economic Development Strategy be made available to the public at the Library. Councilman Bauer recommended contacting the countries on the Pacific Rim through our sister city, Anjo, Japan, and incorporating this into the Economic Development structure. Councilman Harman reported regarding the feasibility of locating persons who can speak a foreign language and inviting them to participate in Economic Development programs. Discussion was held by Council and staff regarding priority list, business improvement, business assessments, tenant loan program, long range study, and tourism. Mayor Leipzig spoke regarding offering financial incentives to new businesses stating that this can be a double edged sword, sometimes being unfair to existing businesses and must be done to reap benefits to the city; not put taxpayers money into someone's pocket. A motion was made by Garofalo, seconded by Leipzig, to adopt the recommendations contained within the Economic Development Strategy as set forth in the Request for Council Action dated October 16, 1995 and implement recommendations in priority order according to availability of funding and staff. The motion carried by unanimous vote. 545 10/16/95 - Council/Agency Minutes - Page 9 (City Council/Redevelopment Agency) Agreement - Kane, Ballmer and Berkman - Legal Services for 1995-96 - Approved As Amended (600.30) The City Council considered the agenda communication from the Agency Counsel requesting approval of a contract with Kane, Ballmer and Berkman for redevelopment legal services for the year 1995-96. The City Attorney presented a staff report. Councilman Harman reported regarding approval of the firm by the Legal Affairs Committee. A motion was made by Harman, seconded by Sullivan, to approve and authorize the Chairman and Clerk to execute the "Agreement between the Redevelopment Agency of the City of Huntington Beach and Kane, Ballmer and Berkman as amended to provide legal counsel services" for fiscal year 1995-96. ($150,000) The motion carried by unanimous vote. Later in the meeting following a report by the City Attorney, a motion was made by Harman, seconded by Sullivan to delete the words "for fiscal year 1995-96, $150,000" from the previous motion. The motion carried by unanimous vote. (City Council/Redevelopment Agency) City of Huntington Beach Investment Policy FY 1995/96 - Adopted Agency Resolution No. 270 And City Council Resolution No. 6716 (310.10) The City Council considered the agenda communication from the City Treasurer transmitting the Annual Fiscal Year 1995-1996 City of Huntington Beach Investment Policy. The City Treasurer presented a staff report regarding the annual adoption of the invest policy. Philip Inglee, Investment Advisory Board Chairman, thanked Gloria Winscott and Deputy City Attorney Art De La Loza in the City Attorney's Office for a policy that the city can be proud to have. A motion was made by Bauer, seconded by Sullivan, to adopt Redevelopment Agency Resolution No. 270 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE ANNUAL FISCAL YEAR 1995/1996 INVESTMENT POLICY." and City Council Resolution No. 6716 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE ANNUAL FISCAL YEAR 1995/1996 INVESTMENT POLICY". The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Page 10 - City Council/Redevelopment Agency Minutes-10/16/95 (Redevelopment Agency) Continued from September 18, 1995 - Coultrup Disposition And Development Agreement - Continued To November 20, 1995 (600.30) The City Council considered the agenda communication from the Economic Development Director stating the Agency currently has an approved Disposition and Development Agreement and a Conditional Use Permit for the two -block project bordered by Pacific Coast Highway, Main Street, Fifth Street, and Walnut Avenue. The project consists of 80 condominium units and 40,000 square feet of retail/restaurant/office space on Block 105. The . issue before the Agency is whether or not to terminate the Disposition and Development Agreement. A motion was made by Sullivan, seconded by Dettloff, to continue consideration of termination of the Disposition and Development Agreement to the City Council/Redevelopment Agency meeting of November 20, 1995. The motion carried by unanimous vote. (City Council) Agreement - County of Orange - Library Services - Unincorporated Bolsa Chica Area - Clarification Regarding Language Requested - Continued To November 6, 1995 (600.25) The City Council considered the agenda communication from the Director of Library Services, Director of Administrative Services and Director of Community Development transmitting a proposed agreement between the City and County which will transfer 70.5% of the County library property tax revenue from the unincorporated Bolsa Chica area to the City and the $200 per unit library development fee. Deputy City Administrator Franz presented a report which addressed the action taken by the Board of Supervisors relative to the pass through of the property tax. He reported from the city staff's point of view on what city costs were being covered. The City Administrator presented a report including the effect of negotiation of the Joint Powers Authority Fire Service as well as the Koll Company. Councilman Sullivan questioned and received the answer that the library non-resident fee would not be charged to the future residents of the Bolsa Chica area. Councilman Harman questioned the word "free" within the agreement that may preclude the possibility of ever charging fees in the future. Deputy City Administrator Franz stated he would meet with the City Attorney's Office regarding this wording. A motion was made by Dettloff, seconded by Leipzig, for continuance with the hopes that in the next two weeks in meetings with Koll Company that these issues can be resolved along with the issue of Joint Powers Fire Services. 10/16/95 - Council/Agency Minutes - Page 11 An amendment to the motion was made by Sullivan, accepted by Dettloff, to continue to November 6, 1995. The motion carried by unanimous vote. (City Council) Ordinance No. 3302 Adopted - Water Rate Increase (320.20) The City Council considered the agenda communication regarding Ordinance No. 3302 pertaining to water rates. A public hearing was held and introduction approved, as amended, on September 18, 1995. A motion was made by Green, seconded by Dettloff, to adopt after reading by title, Ordinance No. 3302 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 14.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 14.12.010 AND 14.12.040." The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green NOES: Sullivan, Garofalo ABSENT: None (City Council) Ordinance No. 3301 Adopted - Residential Infill Lot Developments (640.10) The City Council considered the agenda communication from the Director of Community Development transmitting Ordinance No. 3301, pertaining to infill lot development, revised to reflect the amendments approved at the City Council public hearing held on September 18, 1995. A public hearing was held and introduction was approved as amended on September 18, 1995. A motion was made by Green, seconded by Dettloff, to adopt, after reading by title, Ordinance No. 3310 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO RESIDENTIAL INFILL LOT DEVELOPMENTS." The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None We* Page 12 - City Council/Redevelopment Agency Minutes - 10/16/95 (City Council) Councilwoman Dettloff - Amendment To Gift Ban Code - Chapter 2.05.020 To Add An Exception To The Definition Of "Gift" - Ordinance No. 3303 - Introduction Approved The City Council considered the agenda communication from Councilwoman Dettloff requesting adoption of Ordinance No. 3303 a proposed amendment to the gift ban code, Chapter 2.05.020, to add an exception to the definition of "gift' as follows: "2.05.020(7) Food, beverages, lodging and transportation expenses provided by any governmental or quasi -governmental entity, or by any public entity in conjunction with any event sponsored by that entity or agency, the purpose of which is to educate or provide information related to the functions, needs, purposes, or operation of that entity or local government." Following discussion a motion was made by Dettloff, seconded by Garofalo, to approve introduction after reading by title of Ordinance No. 3303 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.05 TO -THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO GIFTS TO PUBLIC OFFICIALS." The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Bauer ABSENT: None (City Council) Mayor Leipzig - Badges For Councilmembers - Not Approved (120.10) Considerable discussion was held by the City Council, staff and the Police Chief regarding providing badges for City Council members. A motion was made by Leipzig, seconded by Harman, that the policy for the city is not to procure badges for the City Council members. The motion carried by the following roll call vote: AYES: Harman, Bauer, NOES: Green, Garofalo ABSENT: None ABSTAIN: Dettloff 5 4°9 Sullivan, Leipzig 10/16/95 - Council/Agency Minutes - Page 13 Motion That The Need To Take Action Arose After The Posting Of The Agenda Regarding City Council Position On Firearms (120.10) A motion was made by Garofalo, seconded by Sullivan, that the need to take action arose after posting of the agenda regarding the City Council position on the firearms issue for a vote to be taken at the League of California Cities meeting. The motion carried by the following roll call vote: AYES: Sullivan, Dettloff, Garofalo NOES: Harman, Leipzig ABSENT: Bauer, Green Councilmen Ralph Bauer and Peter Green left the meeting. The Police Chief reported on the firearms issue and urged Council support at the up -coming League of California Cities meeting. The City Attorney stated that it requires an affirmative vote of five members when six or seven members are present to consider these matters and that there were not five votes. She read from the Brown Act regarding what type of discussions could be held. A motion was made, by Harman, seconded by Dettloff, to adjourn the meeting. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff NOES: Garofalo ABSENT: Bauer, Green 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 11:40 p.m. to Monday, October 23, 1995 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. 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 City Clerk/Clerk ZZ Mayor/Chairman 550