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HomeMy WebLinkAbout1996-02-05 (8)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH Call To Order 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Monday, February 5, 1996 Mayor Sullivan 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, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 5:05 p.m. 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 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) 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 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(b)(3)(B) to confer with its attorney regarding pending litigation - City v. Public Employees Retirement System (PERS). Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda.or announced. (120.80) 34 Page 2 - Council/Agency Minutes - 02/05/96 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 Reith Schoap v. City of Huntington Beach. Orange County Superior Court Case No. 72 20 07. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 6:50 p.m. in the Council Chamber. City Council/Redevelopment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None Pledge Of Allegiance The Pledge of Allegiance was led by Huntington Beach Girl Scout Daisy Troop No. 2040, Oka Elementary School, Fountain Valley, Leader Janet Mulholland. Invocation The invocation was given by Reverend Richard Winter, Pacific Coast Community Church. Presentation: To Marine Safety Officers Matt Karl and Mike Bartlett by Mayor Sullivan Certificates of Commendation for a Christmas Day rescue of a vessel with five people aboard. Late Communications Announced By The Deputy City Clerk Pursuant to the Brown Act, the Deputy City Clerk announced the following late communications regarding agenda items which had been received following the distribution of the agenda. She stated they were available at her desk and in the City Clerk's Office tomorrow morning. Communication from Attorney Jerry Bame on behalf of Robert Koury, dated February 5, 1996, in opposition to proposed fee or use charge related to outdoor dining Communication from Huntington Beach Tomorrow, dated February 5, 1996, in opposition to staff's recommendations for outdoor dining 02/05/96 - City Council/Redevelopment Agency Minutes - Page 3 Slide presentation from the Community Development Department regarding the proposed outdoor dining lease agreement and fee Communication from Michael Chau, Executive Vice President, Broadmoor Homes, dated February 1, 1996, withdrawing the appeal for Tentative Map No. 15071, Conditional Use Permit No. 95-72, Variance No. 95-16 and Negative Declaration No. 95-8 Slide presentation from the Community Development Department regarding the Holly-Seacliff Development Agreement Annual Compliance Report for 1995 Request for Council Action from the City Attorney's Office, dated February 5, 1996, regarding Lovin v Miller appropriation of settlement monies Communication from Robert Franz, Deputy City Administrator, Administrative Services, dated February 1, 1996, pertaining to the Requested Appropriation for Impasse Resolution between the city and the Huntington Beach Firefighter's Association Communication from Robert Franz, Deputy City Administrator, Administrative Services, dated February 2, 1996, regarding the requested appropriation to provide settlement monies for three lawsuits Communication from Mayor Sullivan, dated February 2, 1996, regarding an order to close the gun range Communication from Gail Hutton, City Attorney, dated January 30, 1996, regarding the Possible Police Firing Range Incident Communication from William Osness, Personnel Director, dated February 5, 1996, regarding Personnel Commissioner Term Limits Revised Agenda Pages 9 and 11 from the City Clerk's Office posted pursuant to the Brown Act Public Comments Jeri Stokes, resident on Aulnay Lane, addressed Council regarding a drive -by shooting that occurred on January 3, 1996 at 1:15 a.m. She also stated that a known Asian gang member resides on Aulnay Lane; that there have been many problems in her neighborhood which is near a school and has many young children, such as public urination, indecent exposure, gun shots and a vehicle parked in front of the house was struck by bullets. She stated that police had responded to 25 calls since July, 1994',,and that in spite of neighbor's letters and complaints, there had been no action taken by the property owner who also owns four homes in the tract and all are HUD housing. She encouraged Council to speak to the Police Officers and educate themselves on Asian gangs. She spoke regarding her contact with two Police Detectives and requested any help that may be available: She stated that she is fearful that gang activity will continue and that an innocent person may be hurt or killed. M Page 4 - Council/Agency Minutes - 02/05/96 Councilman Bauer explained the Safe Street Now Program and suggested that it could be a possible solution. He stated that the city would be happy to pursue it on Ms. Stokes' behalf. In response to Councilman Garofalo, Captain Gildea stated that a Community Oriented Policing Program had been initiated and that part of it will be the Safe Streets Program. He stated the problem was being addressed. He stated that a list of calls was being compiled and that thirteen mostly officer -initiated calls had been made in January. Steve Kreick, Debra Kreick, Karen Malatesta, and Eric Schetne spoke in support of their neighbor. Problems stated were garbage in the front yard, gun shots, loss of property values, and fear for family safety. A petition listing 90 signatures was referred to by Ms. Malatesta which she needed returned as a Congressman will be submitting it to HUD. Fear of calling police because of possible retaliation was expressed and fear for the safety of the small children in the neighborhood. In response to Councilman Harman's inquiry, Deputy City Attorney De La Loza stated he was making a list of names and addresses to determine that it is a public nuisance as opposed to a private nuisance so the city would be in a position to take action on behalf of the citizens of the city. Wendy Rafkin stated that she had been a witness to the things addressed by her neighbors and that her teenage daughters were too frightened to go outside. She stated that anything that could be done would be appreciated. Tom Malatesta stated that the owner of the houses had been asked to attend the Council meeting but had declined. He stated that it was a nice residential neighborhood, and that they had moved to Huntington Beach because it was the safest city in Orange County. He had called police and was told that eight shots fired at 1 a.m. in the morning was not disturbing the peace which further disturbed the residents. He stated that if nothing is done in six months to a year families will be moving to a place where there are no gangs in residential neighborhoods. In response to Councilman Garofalo's inquiry, Captain Gildea restated steps the Police Department had been taking and that he was skeptical that an officer had told anyone that the gun shots fired was not disturbing the peace. He stated he would be glad to talk to the last speaker. In response to Councilman Green's inquiry, Tom Malatesta stated the telephone call was made by his wife on the 13th of January at 11 a.m. and that no help was received from the desk sergeant. The City Administrator stated there would be a meeting between the Police Department, Code Enforcement and the City Attorney's Office regarding the neighborhood problem to decide if the city can solve the problem as well as address the incident of January 13th and whether or not one of the city's employees had made the statement referred to by the speaker. 31 02/05/96 - City Council/Redevelopment Agency Minutes - Page 5 Jean Pinigis, Steve Farnsworth, Nirode Mohanty, and Marvin Josephson spoke in opposition to the rezoning of the Crestview School property for a strip mall. The speakers informed Council that they reside in Huntington Crest and that a strip mall was not needed. They questioned the fact the city has five school districts in Huntington Beach when Garden Grove has one district. It was suggested that the schools be consolidated for improvement; that the school properties be used as Senior Centers, church and cultural centers, preschools, and play grounds for children until the property is again needed for a school; that the population of the students would grow in next three to four years as there had been a tremendous amount of growth in the neighborhood. The speakers stated their preference to keep the neighborhood quiet; not to sell the school to balance the budget, that departments should merge or use other means to balance the budget. A question was presented as to why other steps and analysis had not been done prior selling the property which should be the last step. A request was made for Council to spend time and money on a study on how revenue can be generated without closing the school. Marvin Josephson stated that the school district does not represent the citizens' interest and that Council does, he spoke in opposition to rezoning, and asked why the school districts were not merging. He also stated the rezoning violates the General Plan and that the Crestview School property does not meet the criteria of open space and parks in the neighborhood, that they have one small park, Lambert Park, in a private development community that they cannot get to and if Crestview goes, there is a total loss of open space. He requested that when city staff or Arnell Development expresses to Council why Crestview should be sold and rezoned that the residents be remembered; also that it is a permanent decision. Deborah Josephson spoke in opposition to commercial development citing total loss of open space and potential traffic problems that it would cause. She stated that their neighborhood was bordered by four major streets all of which have cars going consistently 50 m.p.h. or faster; that serious accidents have already occurred at the entrances to their neighborhood especially at Beach Boulevard and Talbert Avenue; that Chevron trucks barrel down Talbert Avenue to the 405 freeway. She asked if the children who are currently bused from Crestview would be picked up at some street corner; and stated that she did not believe Council would want their own children put in that potentially dangerous situation. She stated the reasons why she believed the -`General Plan, the "Constitution" of our city would require open space and for schools to remain schools for future growth needs or community centers; that existing commercial spaces which lay empty should be addressed rather than destroying a "jewel" which is Crestview for a quick buck. She presented an informal petition including names of approximately 236 from St. Vincent de Paul Church opposing any commercial development of Crestview. She stated she was submitting for the record a letter from the Pastor of St. Vincent de Paul Catholic Church across from Crestview School, dated October 13, 1995, to Linda Niles, Community Development Department, in opposition to any commercial development. Pat Evans, Carol Chambers, Sheila Cools, Manfred Kunze, Manfred Kunze, Jr., Marjorie Campos, George Bello, Pola Toledo -Castillo, Shane Capier, Dorothy Jenkins, and Neal Franks spoke in opposition to commercial development of the Crestview School property. Page 6 - Council/Agency Minutes - 02/05/96 Stephen Silver, Attorney for Huntington Beach Fire Fighters Association, spoke in opposition of the arbitrator's recommendation referred to as the PERS rollover. He stated the cut off date did not make sense because the city cannot take money back that is already earned. He requested that action not be taken that would impair vested or contractual rights of employees. He stated he was present to answer questions, and he requested formal written notification of any action or enactments taken. Bob Bolen spoke in opposition of the item pertaining the Professional Services Contract between the Redevelopment Agency and Rosenow Spevacek Group, Incorporated for consultant services relative to Redevelopment Project Area merger. He stated the study would cost $200,000 and that he opposed spending the money before it becomes a public hearing item. In response to Councilman Sullivan's inquiry, the City Administrator stated there had been several months of study and at the last Council meeting the Economic Development Director made a presentation indicating the reasons for the recommendation. He further explained the benefits and stated he would be glad to give the information and charts to Mr. Bolen. He stated that this project is looking at Redevelopment in the next 20 years. Robert Cronk questioned the necessity of four uniformed officers' presence at a February 1st sales meeting relative to the Crestview School property issue hosted by Ocean View School District and the city staff and attended by Crestview residents. He questioned why the money is being spent when the citizens have stated they do not want the Crestview site rezoned. He asked people in the audience who were opposed to stand. Mayor Sullivan stated he wanted the citizens for Crestview to know they had been heard and that the City Council will give fair and honest consideration. Discussion was held regarding whether the Crestview site was scheduled in the forthcoming meeting. The Community Development Director reported that the Crestview site had been removed from the General Plan by the Planning Commission, to be considered at such time as an application and proposal is submitted so as to determine if issues such as traffic buffering, open space and other issues can be mitigated, also a possible Environmental Impact Report on the site. The City Administrator assured Council that at'such time, the neighborhood_ would be noticed. Jackie Hewitt, Eugenia Van Suckle, Rosemary Lippincott, and Howard Schoonover, spoke in opposition to the rezoning of the Crestview School property, expressed outrage of the plan and how the issue is being handled, and that police attendance at their meeting was unnecessary. Speakers informed Council that they had bought their property because of the school, that Crestview is an old, affordable, safe, quiet neighborhood and a school would be needed for future use. Mary Jo Cooper spoke in opposition to rezoning the Crestview site and stated she thought that School Superintendent Tarwater had it pulled from the General Plan. 7) 02/05/96 - City Council/Redevelopment Agency Minutes - Page 7 In response to the City Administrator's request, Melanie Fallon, Community Development Director, explained the process of the land use issue. Glenn Kimmel asked if Council was aware of the cigarette sandwich incident that took place at Golden West College in December. He stated that students were nauseous and had to go into the hospital. He questioned the fact that a Huntington Beach Police Officer was present as an observer. He stated he was informed the Huntington Beach Police Department was not investigated because the officer's role was minimal. Doug Langevin spoke in opposition to the item pertaining to the Professional Services Contract between the Redevelopment Agency and Rosenow Spevacek Group, Incorporated for consultant services relative to Redevelopment Project Area. He stated he was present to save the city $200,000 as the study was performed in 1987, taking one year, and the files are in city resident, Jim Lane's, garage. Dennis Davenport stated he was present to discuss the errant bullet that may have escaped from the gun range; that he was not convinced the bullet came from the gun range. Mr. Davenport stated that 25 years ago the range was constructed by the citizens for the citizens and police. He stated he would like to volunteer his expertise for studies pertaining to the gun range and requested continued use of that gun range for the citizens. ,John Nielsen, Personnel Commissioner, informed Council he was opposed to limiting the terms of the Personnel Commission members. He stated there is a wealth of knowledge and experience on the Commission and urged Council to meet with the Commission as a whole for discussion. Gerald Chapman stated he was speaking as past member of the Transportation Commission regarding the timing of the infrastructure and improvements in the Holly-Seacliff area; specifically improvement to Edwards Street at the Edwards Hill area and Ellis Avenue between Edwards and Goldenwest Streets, south of Ellis Avenue. He stated that staff had improved streets in a different order as called out. He requested that the Holly-Seacliff Environmental Impact Report not be violated and that the improvements be delayed no longer. Mark Porter, Huntington Beach Tomorrow President, stated that operation of the gun range should be suspended until it could be safely operated. He discussed the fine imposed on General Telephone and Electric and urged adherence to the ordinance that imposes this late charge. Tracey and Angelo Corso informed Council that they have heard bullets from the gun range from 7 a.m. to 10 p.m., that they moved out of Santa Ana due to gun shots and are requesting the site be closed as the city has outgrown the site. Page 8 - Council/Agency Minutes - 02/05/96 (Council Committee) Council Liaison Report - Orange County Sanitation District Purchase Of Orange County Landfills Councilmembers Leipzig and Dettloff reported on the purchase of the Orange County Landfills by the Orange County Sanitation District. Councilwoman Dettloff reported there was not sufficient information available at this time; however, Councilman Leipzig and she would present additional information on the progress of the negotiations. (City Council) City Administrator's Report - Addressing Public Comment Concerns The City Administrator stated that subjects addressed during the Public Comment portion of the agenda would be addressed by staff. Two graphs were distributed to Council by the City Administrator regarding City Revenue Taken by the State and Per Capita Sales Tax. (City Council) Report Requested Regarding Federal Emergency Management Agency (FEMA) Workshop - Huntington Harbour Councilman Garofalo requested information regarding the FEMA (Federal Emergency Management Agency) workshop several months ago relative to problems in the Huntington Harbour area. (City Council) Public Hearing - Continued Open From December 18, 1995 - Resolution No. 96-9 - Adopted - (Formerly Resolution No. 6715) - Outdoor Dining - $30 Application Fee For Use Of Public Right -Of -Way - Approved - $300 License Fee For Use Of Public_ Right -Of -Way -Approved - 10 (One Cent) Per Square Foot Use Fee -Approved - S52 Annual Fee - License Agreement Form For Use Of The Public Right -Of -Way - Approved (340.20) The Mayor announced that this was the meeting set for a public hearing continued open from December 18, 1995. Applicant: City of Huntington Beach Request: To establish a fee in the Downtown Specific Plan Area for use of public Right -of - Way, for outdoor dining by private business. Location: Downtown Specific Plan Area Coastal Status: Located in the non -appellate jurisdiction of the Coastal Zone Environmental Status: Covered Under Environmental Impact Report No. 82-2 41 02/05/96 - City Council/Redevelopment Agency Minutes - Page 9 The following late communications were announced earlier in the meeting by the Deputy City Clerk: Communication from Attorney Jerry Bame on behalf of Robert Koury, dated February 5, 1996, in opposition to proposed fee or use charge related to outdoor dining Communication from Huntington Beach Tomorrow, dated February 5, 1996, in opposition to staff's recommendations for outdoor dining Slide presentation from the Community Development Department regarding the proposed outdoor dining lease agreement and fee The Community Development Director, using slides, presented a staff report. Scott Hess, Senior Planner, reported regarding outdoor dining requests on private and public property. He stated that outdoor dining on private property does not require a license agreement but will require a Conditional Use Permit. Discussion was held by`Council and staff including varied costs depending on the number of tables and the sidewalk clearance required. The Planning Director reported regarding,private space, public space and sidewalk clearance. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Mayor declared the public hearing, open. Michele Turner, Sugar Shack Cafe representative, and Doug Langevin, Longboard Restaurant and Pub ,representative,, spoke in -opposition to the proposed fee for use of the public Right -of - Way. Mr. Langevin stated that the property owners had granted the city an easement for street purposes and should not be charged for the use of their own property. Bob Winchell, Huntington Beach Tomorrow Board of Directors representative, spoke in support of the proposed license agreement. He requested Council study other areas where the public Right -of -Way is being used for commercial purposes. Barry Ellerbrock, downtown business owner, spoke in opposition to the proposed fee for use of the public Right -of -Way stating that it would cause a hardship for the downtown area restaurants. He questioned why the ordinance was applied to the downtown area only. Richard Harlow spoke in opposition to the proposed inspection fee, stating he supported the proposed permit fee and required insurance. He presented petitions to Council listing approximately 1,297 signatures opposed to the proposed inspection fee. 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. Page 10 - Council/Agency Minutes - 02/05/96 Deputy City Attorney De La Loza reported on the legality of encroachment on the public right- of-way. Discussion was held by Council and staff regarding the cost of street improvements in the downtown area, cost of the parking structure, proposed processing and inspection fee, and the proposed license agreement. $30 Application Fee For Use Of Public Right -of -Way - Approved A motion was made by Leipzig, seconded by Dettloff, to approve a $30 application fee. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None $300 License Fee For Use Of Public Right -of -Way - Approved A motion was made by Leipzig, seconded by Dettloff, to approve a MO License Fee. The motion carried by the following roll call vote:. : AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: Garofalo ABSENT: None 1 ¢ (One Cent) Per Square Foot Use Fee - Approved - 552 Annual Fee A motion was made by Leipzig, seconded by Dettloff, to approve a 10 (one cent) per square foot use fee equaling a $52 annual fee. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: Garofalo ABSENT: None 02/05/96 - City Council/Redevelopment Agency Minutes - Page 11 Adopted Resolution No. 96-9 - Fee Schedule - Outdoor Dinning - License Agreements - Encroachment A motion was made by Leipzig, seconded by Dettloff, to adopt Resolution No. 96-9 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' AS TO FEES CHARGED FOR LICENSE AGREEMENTS FOR ENCROACHMENT INTO THE PUBLIC RIGHT-OF-WAY FOR OUTDOOR DINING PURPOSES (SUPPLEMENTAL FEE RESOLUTION NO. 56). The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: Garofalo' ABSENT: 'None License Agreement Form For Use Of The Public Right -of -Way - Approved A motion was made by Leipzig, seconded by Dettloff, to approve the License Agreement Form (as submitted in Attachment No. 1 to the Request for Council Action dated February 5, 1996) for encroachment into the public Right -of -Way area for outdoor dining purposes in the Downtown area as amended by the changes ($30 and $300). The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: Garofalo ABSENT: None (City Council) Public Hearing - Appeal Withdrawn By Applicant To Planning Commission's Approval - Tentative Tract Map No. 15071 - Conditional Use Permit No. 95-72 - Variance No. 95-16 - Negative Declaration No. 95-8 - 17301 Edwards - West Of Edwards Street - North Of Slater Avenue - No Action Taken (420.60) The Mayor announced that this was the meeting set for a public hearing to consider the following appeal: Applicant: Broadmoor Homes Southwest, Incorporated Request: To appeal the Planning Commission's approval of Tentative Tract Map No. 15071, Conditional Use Permit No. 95-72, Variance No. 95-16 and Negative Declaration No. 95-8 for a 17 lot subdivision for purposes of developing 17, one (1) and two (2) story single family residential units. Conditional Use Permit No. 95-72 includes the request to construct an approximately ten (10) foot high block wall, up to four (4) feet of which is retaining wall, along Edwards Street. Variance No. 95-16 is a request to allow a wall on Edwards Street in lieu of a five (5) foot wide landscape area required by code. Page 12 - Council/Agency Minutes - 02/05/96 Location: 17301 Edwards Street (west side of Edwards Street, 600 feet north of Slater Avenue) Environmental Status: It was determined that this item, with mitigation, would not have any significant environmental effects and that a mitigated negative declaration is warranted. The environmental assessment is on file at the City of Huntington Beach Community Development Department. The following late communication was announced earlier in the meeting by the Deputy City Clerk: Communication from Michael Chau, Executive Vice President, Broadmoor Homes, dated February 1, 1996, withdrawing the appeal for Tentative Map No. 15071, Conditional Use Permit No. 95-72, Variance No. 95-16 and Negative Declaration No_ 95-8. The City Administrator stated that the applicant had withdrawn the appeal. No action was taken by Council on this matter. (City Council) Public Hearing - Annual Review Of The Holly-Seacliff Development Agreement No. 90-1 - Compliance Report - Holly Seacliff Specific Plan Area - Approved (600.10) The Mayor announced that this was the meeting set for a public hearing to consider the following: Applicant/Appellant: City of Huntington Beach Request: Review the Holly-Seacliff Development Agreement No. 90-1 - Annual Compliance Report Location: Holly-Seacliff Specific Plan Area Environmental Status: This item is covered by Final Environmental Impact Report No. 89-1. No further action is necessary. The following late communication was announced earlier in the meeting by the Deputy City Clerk: A slide presentation from the Community Development Department regarding the Holly- Seacliff Development Agreement Annual Compliance Report for 1995 The Community Development Director presented a staff report involving slides. 02/05/96 - City Council/Redevelopment Agency Minutes - Page 13 Robert Eichblatt, City Engineer, responded at length to questions regarding the issue of phasing presented by Gerald Chapman during the Public Comment portion of the meeting. He stated that a legal opinion regarding developer responsibility or phasing had been requested by the Department of Public Works. He presented the Public Works Department position thus far, including as it relates to Exhibit E of the Development Agreement. He spoke regarding the meetings held between Department of Public Works Staff regarding arterial improvements and implementation. He referred'to a October 10, 1990 memo he drafted for the former Public Works Director which is included in the Agenda Packet addressing this specific issue to which Dr. Chapman refers and which was written prior to Council adoption of the Development Agreement in November, 1990. He referred to the City Attorney's opinion dated January 26, 1996 agreeing with the Department of Public Works. The City Engineer addressed other items regarding this matter mentioned by Dr. Chapman. He reported on the Traffic Impact Fee report as it related to interest charges to the city. Discussion was held by Council and the City Engineer regarding anticipated time of completion of improvements including Ellis and Edwards Hill, using the "no borrowing concept, and the paving of Ellis Avenue between Goldenwest and Edwards Streets and the obligation of Dahl Development, and the possibility of using Mello -Roos Funds. The completion of the Gothard realignment was also discussed. Councilman Sullivan requested the City Administrator to analyze the issue of how to avoid a future similar situation as has occurred with Dahl Development. In response to Mayor Sullivan, the City Engineer reported on the funding source for the Seapoint Street expansion. Robert Franklin, Associate Planner, at Councilman Garofalo's request, reported regarding the sequence outlined in the Development Agreement and referred to an exhibit on the wall behind Council. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Mayor declared the public hearing open. Suzanne Beukema, representing FANS (Friends and Neighbors of Seacliff), stated that FANS had been organized to monitor the Holly-Seacliff development and that the improvements conformed with the plans for the project. She spoke in support of Council approval of the Compliance Report. Bill Holman, Pacific Coast Homes representative, thanked staff for their very complete staff report to the Planning Commission and Council. He spoke regarding the issue of the higher traffic impact fees charged to Pacific Coast Homes that were twice the normal fee and how Pacific Coast Homes had negotiated with staff to spend those funds. He thanked FANS for their support of the project and requested Council approval of the Compliance Report. Page 14 - Council/Agency Minutes - 02/05/96 There being no one further to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Councilman Harman stated he would like to urge staff to somehow put improvements of Edwards Street Hill as a high priority as he believes it is getting very dangerous, particularly at. night in the winter when it's raining with joggers along the street; that there had been one fatality several years ago. - A motion was made by Dettloff, seconded by Garofalo, to approve the Planning Commission and Staff Recommendation to determine that the Developer and the City are in compliance with the Holly-Seacliff Development Agreement by accepting the 1995 Annual Compliance Report and execute the Certificate of Development Agreement Compliance. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Recess - Reconvene The Mayor recessed the City Council and Redevelopment Agency meeting at 10:40 p.m. The meeting was reconvened at 10:55 p.m. in the Council Chambers. Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Harman) Authorization for Economic Planning Committee to Continue As a Standing Committee, (Bauer) Call for Bids for Street Improvements, Agreement for Disposal of Hazardous Materials Spilled in the City of Westminster, Lease/Purchase Agreement for Public Works Department Equipment, (Green) Contract With Consultant for Redevelopment Project Area Merger, (Garofalo) Position Letters of Support Regarding Public Employee's Retirement System (PERS), the Regulation of Mobil Vending Trucks, and Appointments to the Public Works Commission, (Dettloff) Affordable Housing Agreement for Surfcrest and the Hamptons, and (Sullivan) Settlement Monies for Lovin v. Miller Litigation. 47 02/05/96 - City Council/Redevelopment Agency Minutes - Page 15 Consent Calendar - Items Approved On motion by Sullivan, second Garofalo, Council approved the following Consent Calendar items, as recommended by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT:: None. . (City Council/Redevelopment Agency) Minutes - Approved And Adopted - Approved and adopted minutes of the Council/Agency adjourned regular meeting of December 2, 1995 and regular meeting of December 4, 1995 as written and on file in the Office of the City Clerk. (City Council) Resolution No. 96-5 - Summary Vacation - Walkway Easement - Former Bushard School Site - Tract No. 14515 - Bickley Drive & Bromley Lane - Adopted_ (800.50) - Adopted Resolution No. 96-5 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A WALKWAY RIGHT- OF-WAY LOCATED AT BICKLEY DRIVE AND BROMLEY LANE." (City Council) Resolution No. 96-6 - Summary Vacation - Walkway Easement - Former Gill School Site - Tract No. 3789 - N/S Melbourne, W/O Yorkshire - Adopted (800.50) - Adopted Resolution No. 96-6 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A WALKWAY RIGHT- OF-WAY LOCATED ON THE NORTH SIDE OF MELBOURNE DRIVE, WEST OF YORKSHIRE LANE." (City Council) Acceptance Of Easement Deed - Center Avenue And One Pacific Plaza Traffic Signal - Huntington Beach Mall - Approved (650.80) - Accepted the Easement Deed for the Center Avenue Traffic Signal and directed the City Clerk to prepare the appropriate deed certification and directed recordation of the deed. (City Council) Halifax Drive Storm Drain - Plans And Specifications - Call for Bids - CC- 889 - Former Gill School Site - Approved (600.60) - Approved the sample contract subject to award of contract to the lowest responsive bidder, approved final plans and specifications, and directed the City Clerk to advertise for the Halifax Drive Storm Drain for sealed bids, CC-889. Page 16 - Council/Agency Minutes - 02/05/96 (City Council) Contract - Team Construction Management - Design -Build Services For Oakview Police Substation - CDBG Funds - Vista Center - Approved (600.10) - Approved and authorized execution by the Mayor and City Clerk the federally funded Community Development Block Grant funds construction contract between the city and Team Construction Management for design -build services for a police substation in the amount of $25,000 and approved a total allocation of $30,000 which covers contract expenses of $25,000.00, estimated construction change orders of $2 500.00, and anticipated supplemental expenses of $2,500.00. (City Council) Request For Additional Funds - Modification Of Three Traffic Signals - De La Cruz, Inc. - Edinger Avenue/Sher Lane - Edinger Avenue/Edwards Street- Brookhurst Street/Hamilton Avenue - CC-879 - Approved (600.55) - Authorized an increase of $5,000 to the approved project budget and the change order limit for the Modification of Three Traffic Signals; CC-879 at the following intersections: Edinger Avenue and Sher Lane, Edinger Avenue and Edwards Street, and Brookhurst Street and Hamilton Avenue. (Redevelopment Agency) Amended Option Agreement - Orange Housing Development Corp.OHDC) - Bowen Court Senior Housing Project - Approved (600.30) - Approved and authorized the Agency Chairman and Agency Clerk to execute Amendment No. 1 to the Option Agreement between the Redevelopment Agency of the City of Huntington Beach and Orange Housing Development Corporation. (City Council) Agreement - Liebert, Cassidy And Frierson - Legal Services - Lovin v. Miller/City - OCSC No. 742468 -Approved - (600.10) -Approved and authorized the Mayor and City Clerk to execute the new and separate Agreement between the city and Liebert, Cassidy and Frierson, a Professional Corporation, for Labor Relations and Legal Services and appropriated S100,000 to the City Attorney's Legal Services Account No. E-AA-AT-130-4-05, to pay Liebert, Cassidy and Frierson for legal services as provided by the new agreement. The following related late communication had been announced earlier in the meeting by the Deputy City Clerk: Request for Council Action from the City Attorney's Office, dated February 5, 1996, regarding Lovin v Miller appropriation of settlement monies. (City Council) Positions Letters Of Support As Recommended By Legislative Committee - Senate Bill - SB 1363 (Dills) Regarding PERS - Proposed Legislation Regarding Vending Trucks - Purchasing Protection Program - Approved (120.70) - Authorized the Mayor to transmit on behalf of the city, position letters in support of Senate Bill 1362 (Dills) pertaining to the Public Employee's Retirement System (PERS) Purchasing Protection Program (3P), and efforts by the City of Garden Grove and others to achieve State legislation that will allow municipalities to regulate mobile vending trucks by ordinance or resolution. mo 02/05/96 - City Council/Redevelopment Agency Minutes - Page 17 (City Council) Authorization For Economic Planning Committee (EPC) To Continue As A Standing Committee - Reappointment Of Councilmembers Bauer, Dettloff And Garofalo - Approved (120.25) - The City Council considered the agenda communication from the Economic Development Director regarding, dated February 5, 1996, regarding the Economic Planning Committee and reappointment of Councilmembers to said committee. The agenda item had been removed from the consent calendar by Councilman Harman. Councilman Harman questioned if this committee could be merged with the Economic Development Committee which would save staff time. Councilman Garofalo replied regarding the differences between the two committees. A motion was made by Garofalo, seconded by Harman, to continue the operation of the Economic Planning Committee as a standing committee of the City Council, and re -appoint Council Members Bauer, Dettloff, and Garofalo to the Council Committee. The motion carried by unanimous vote. (City Council) Repair/Replacement Of Street Improvements - Plan And Specifications - Call For Bids - MSC-381 - Port Circle/Bushard Street/Cove Circle/ Moontide Circle/Nautilus Drive/Marina Lane/Culpepper Circle/Howland Lane/Lydia Drive/Medford Drive/Littler Drive/Bosun Circle/And Gentry Lane - Approved (600.50) The City Council considered the agenda communication from the Public Works Director regarding improvements of various city streets, approval of plan and specifications and call for bids. The agenda item had been removed from the consent calendar by Councilman Harman. The Public Works Director spoke regarding the Public Works Commission major task of the development of the first seven year program on priorities. He assured Council that the Public Works Director is working toward coordination. He stated he would be happy to make a presentation on the issue of expenditures of Community Development Block Grant (CDBG) Funds. Councilman Bauer requested that a study session be scheduled to consider privatization of infrastructure improvements/maintenance issues. He stated that he believed there should be a rationale presented whereby CDBG funds are allocated to rundown enhancement areas and/or redevelopment areas rather than at random infrastructure improvement programs. 50 Page 18 - Council/Agency Minutes - 02/05/96 A motion was made by Bauer, seconded by Dettloff, to approve the plans and specifications, and authorize the Public Works Director to solicit construction bids for repair/replacement of applicable public improvements along Port Circle, Bushard Street, Cove Circle, Moontide Circle, Nautilus Drive, Marina Lane, Culpepper Circle, Howland Lane, Lydia Drive, Medford Drive, Littler Drive, Bosun Circle, and Gentry Lane, MSC-381 and approve the Sample Construction Contract subject to award of contract to lowest responsible bidder. (Approximately $800,000) The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Warner Avenue Relief Storm Drain - CC-897 - Michael Drive Storm Drain - CC-1015 -Plans And Specification -Call for Bids-- Approved (600.60) The City Council considered the agenda communication from the Public Works Director and Economic Development Director, dated February 5, 1996, regarding the Warner Avenue Relief Storm Drain and Michael Drive Storm Drain Systems; CC-897 and CC-1015. The agenda item was removed from the consent calendar by Councilman Harman. A motion was made by Bauer, seconded by Harman, to approve the sample contract subject to award of contract to the lowest responsive bidder, approve final plans and specifications, and direct the City Clerk to advertise the Warner Avenue Relief Storm Drain and Michael Drive Storm Drain Systems together for sealed bids. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Inter -Governmental Service Agreement - Between Cities Of Huntington Beach And Westminster - Disposal Of Hazardous Materials Spilled In Westminster - Approved (600.10) The City Council considered the agenda communication from the Public Works Director regarding a proposed Intergovernmental Service Agreement between the city and the City of Westminster for disposal of hazardous material spilled in Westminster. The agenda item had been removed from the consent calendar by Councilman Harman. In response to a question by Councilman Bauer, Dan Noble, Maintenance Operations Manager, stated that overhead costs were included in the agreement. 51 02/05/96 - City Council/Redevelopment Agency Minutes - Page 19 A motion was made by Bauer, seconded by Harman, to approve and authorize execution by the Mayor and City Clerk of the Intergovernmental Service Agreement between the city and the City of Westminster to collect and dispose of hazardous materials. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (Redevelopment Agency) Professional Services Contract - Roseau Spevacek Group, Inc. - Consultant Services Regarding The Redevelopment Project Area Merger - Approved (600.30) The City Council considered the agenda communication from the Economic Development Director, dated February 5, 1996, regarding a proposed Professional Services Agreement between Rosenow Spevacek Group, In and the city for the proposed Plan Amendments for the city's Redevelopment Project Areas. The agenda item was removed from the consent calendar by Councilman Harman. Councilman Green commented on the concern regarding this item expressed by two persons during Public Comments and expressed the desire that the public have the opportunity to be informed regarding aspects of the proposed merger including the eminent domain issue. The Assistant City Administrator assured Councilman Green that work shops are scheduled by Council and the Economic Development Committee is meeting on this issue including the possible requirement for a Project Area Committee which would involve citizens thoroughly in the process. The City Administrator stated that he wished to make it clear that the city is not considering a Project Area on Beach Boulevard as mentioned by one of the public speakers. In response to Councilman Garofalo the Assistant City Administrator reported on the procedure on how exemptions could be made from eminent domain on mixed use, and addressing potential exemption of residential. The Economic Development Director reported on the process. Councilman Harman stated the reasons why he remained troubled and skeptical regarding Redevelopment in the city but would vote in support as he believes it will provide flexibility and options for the future. 52 Page 20 - Council/Agency Minutes - 02/05/96 A motion was made by Green, seconded by Garofalo, to approve and authorize execution by the Mayor and City Clerk of the Professional Services Contract between the Redevelopment Agency of the City Of Huntington Beach and Rosenow Spevacek Group, Incorporated for Consultant Services relative to the Redevelopment Project Area Merger, to provide technical assistance in the preparation and presentation to the Agency of proposed redevelopment project area plan amendments. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Lease/Purchase Agreement Public Works Department Equipment - Koch Financial Corp. -Approved (600.10) The City Council considered the agenda communication from Deputy City Administrator Franz, dated February 5, 1996, regarding the contract for consultant services for the proposed Plan Amendments for the city's Redevelopment Project Areas. The agenda item was removed from the consent calendar by Councilman Harman. The Public .'Forks Director responded to Councilman Bauer's question regarding whether this purchase could be deferred until it can be determined if this item is a candidate for privatization, stating that the street sweeping equipment was beyond repair. He reported on how the lease provisions would not prevent privatization. A motion was made by Bauer, seconded by Green, to approve the tax-exempt Equipment Lease Purchase Agreement with Koch Financial Corporation, authorize the Mayor and City Clerk to execute the agreement, authorize and direct the Deputy City Administrator to sign and deliver all necessary forms and other documents in connection with the above agreement (Street sweepers, asphalt patch truck). The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Appointments To Public Works Commission - Hartge/Riffenburgh - Approved (110.20) The City Council considered the agenda communication from the Public Works Director, regarding the Public Works Commission. The agenda item was removed from the consent calendar by Councilman Garofalo. 53 02/05/96 - City Council/Redevelopment Agency Minutes - Page 21 Councilman Garofalo read the very high qualifications of each applicant stating that he would put either at the top of his list if he were hiring a Public Works Director. He expressed his concern that this citizen committee have the grass roots point of view that the whole public process is designed to accommodate; that the role of a citizen's committee is to have a board based life-style, work -style quality of life issues brought to every decision making brain- storming process. He stated he would caution Council from going to far on making appointments of specialists to boards and commissions. Councilman Leipzig responded that he and Mayor Sullivan, the Council liaisons, do maintain this type of balance. A motion was made by Garofalo, seconded by Green, to approve the recommendation of Bill Hartge and Bob Riffenburgh to serve on the Public Works Commission. The motion carried by unanimous vote. (City Council) Affordable Housing Agreement - City And New Urban West, Inc. - Oceancrest L.P., New Rosebud, Inc. - Tentative Tract Map No. 14134 (Surfcrest) and Tentative Tract Map Nos. 14007 And 14009 (The Hamptons) - Approved (600.10) The City Council considered the agenda communication from the Community Development Director, dated February 5, 1996, regarding Affordable Housing Agreement for Tract Nos. 14134, 14007 and 14009, with New Urban West, Incorporated regarding the Surfcrest and the Hamptons developments. The agenda item was removed from the consent calendar by Councilwoman Dettloff. In response to a question by Councilwoman Dettloff, the Planning Director reported on the projects this agreement covered, and the issue of whether the off -site apartments really achieves true affordable units. A motion was made by Dettloff, seconded by Sullivan, to approve and authorize execution by the Mayor and City Clerk of the Agreement Containing Covenants Affecting Real Property (Affordable Rental Housing) as outlined in Attachment No. 1 to the Request for Council Action dated February 5, 1996 for Tentative Tract Map No. 14134 (Surfcrest), and Tentative Tract Map Nos. 14007 and 14009 (The Hamptons). The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo NOES: None ABSENT: (Green out of room) M) 4 Page 22 - Council/Agency Minutes - 02/05/96 (City Council) Appropriation Of Settlement Monies - Lovin v. Miller - City v. Huntington Beach Police Officer's Assn. And Small Claims Litigation -Approved (320.20) The City Council considered the agenda communication from the City Attorney, dated February 5, 1996, regarding Lovin v. Miller; appropriation of settlement monies. The agenda item was removed from the consent calendar by Councilman Sullivan. The following late communication was announced earlier in the meeting by the Deputy City Clerk: Communication from Robert Franz, Deputy City Administrator, Administrative Services, dated February 2, 1996, regarding the requested appropriation to provide settlement monies for three lawsuits. Councilman Sullivan gave reasons why he was opposed to said appropriation of funds. A motion was made by. Leipzig, seconded by Dettloff, to appropriate $280,000 in accordance with Council action at the January 22, 1996 closed session for settlement resolving three lawsuits Lovin v. Miler; City of Huntington Beach v. Huntington Beach Police Officer's Association; and Small Claims Litigation. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Dettloff, Garofalo NOES: Sullivan ABSENT: (Green out of room) (City Council) Resolution No. 96-7 - Recommendation Of Hearing Officer Regarding, Impasse Between The City And Huntington Beach Fire Association - Adopted (720.20) The City Council considered a communication from the Personnel Director regarding the current impasse between the city and the Huntington Beach Fire Association. The following late communication was announced earlier in the meeting by the Deputy City Clerk: Communication from Robert Franz, Deputy City Administrator, Administrative Services, dated February 1, 1996, pertaining to the Requested Appropriation for Impasse Resolution between the city and the Huntington Beach Firefighter's Association. The City Administrator recommended approval of this Agenda item. Councilman Garofalo stated he would abstain from the vote as he was not a member of the Council at the inception of this issue. 55 02/05/96 - City Council/Redevelopment Agency Minutes - Page 23 A motion was made by Harman, seconded by Bauer, to adopt Resolution No. 96-7 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING HEARING OFFICER'S DECISION ON FIVE ISSUES AT IMPASSE BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS ASSOCIATION". The resolution adopts recommendations one through five of the hearing officer's advisory arbitration report of February 17, 1995. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: None ABSENT: None ABSTAIN: Garofalo Motion To Continue Council/Agency Meeting Past 11:00 P.M. -Approved A motion was made by Garofalo, second Bauer, to continue the Council/Agency meeting past 11:00 p.m. The motion carried unanimously. (City Council/Redevelopment Agency) Oceanview Estates - Mobilehome Park Interim Lease -Master Space Lease Agreement -Approved, (600.10) The City Council considered a communication from Deputy City Administrator Franz stating the Redevelopment Agency of the City of Huntington Beach has relocated residents from Driftwood Mobilehome Park and Huntington Shores Mobilehome Park to the city owned Ocean View Estates Mobilehome Park, property located on the northeast corner of Ellis Avenue and Goldenwest Street. A number of the relocated residents do not have individual park space rental agreements with the city. Rental agreements need to be signed by each tenant to protect City/Redevelopment and tenant interests. A motion was made by Garofalo, seconded by Green, to approve the sample Agreement between the city and tenant for Occupancy of Space in Ocean View Estates Mobilehome Park. The motion carried by unanimous vote. (City Council) Alternate Commute Program - South Coast Air Quality Management District (SCAQMD) - Compliance with Rule 2202 Approved (700.20) The City Council considered a communication from Brian Smith, Management Assistant, Administration, regarding the new South Coast Air Quality Management District (SCAQMD) Rule 2202 which allows various options by which an employer can achieve its annual emissions reduction target. Brian Smith, Management Assistant, explained the reasons for the staff recommendation. Page 24 - Council/Agency Minutes - 02/05/96 Councilman Garofalo stated that he would recommend an option that is capital intensive or changes policy in a big way as he believes there is more legislation coming on this issue. A motion was made by Garofalo, seconded by Green, to direct staff to comply with Rule 2202 by using the most cost effective performance base option, either Old Vehicle Scrapping or participate in the Air Quality Investment Program (AQIP), provided within the rule and properly register with the SCAQMD as to such by February 16, 1996. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Ordinance No. 3320 - Adopted - Street Closure Penalty - $800 Per Lane Per Day (800.60) The City Council considered the agenda communication from the Public Works Director transmitting Ordinance No. 3320 regarding a Street Closure Penalty for permits for roadway closures which exceed predetermined, reasonable time allowances for street construction work. A penalty of $800 per lane, per day was recommended. Following a reading by title, a motion was made by Leipzig, seconded by Green, to adopt Ordinance No. 3320 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 12.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTIONS 12.12.030 AND 12.12.035 PERTAINING TO STREET CLOSURE." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Ordinance No. 3322 - Adopted - Purchasing Ordinance Regarding Acquisition Of Equipment (Authorizes Chief Of Administrative Services To Enter Into Lease And Purchase Agreements (640.10) The City Council considered the agenda communication from Deputy City Administrator Franz dated February 5, 1996 transmitting proposed Ordinance No. 3322 to amend the Purchasing Ordinance regarding the acquisition of equipment. 57 02/05/96 - City Council/Redevelopment Agency Minutes - Page 25 Following a reading by title, a motion was made by Leipzig, seconded by Green, to adopt Ordinance No. 3322 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 3.02.050 AND 3.02.060 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING THE ACQUISITION OF SUPPLIES, SERVICES AND EQUIPMENT." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Ordinance No. 3323 - To Be Amended And Returned To Council For First Reading -Personnel Commission Term Limit (110.10) The City Council considered the agenda communication from the Personnel Director dated December 4, 1995 transmitting proposed Ordinance No. 3323 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 272.060 AND 2.100.060 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING THE TERM OF THE PERSONNEL COMMISSION." The ordinance applies to the two consecutive term limitation to appointees to the Personnel Commission. The following late communication was announced earlier in the meeting by the Deputy City Clerk: Communication from William Osness, Personnel Director, dated February 5, 1996, regarding Personnel Commissioner Term Limits. Mayor Sullivan and Councilman Harman spoke in support of the proposed ordinance. Councilman Green spoke in support of the.proposed term limits and stated that a person could be re -appointed after a two year lapse in service. Councilwoman Dettloff spoke regarding the specialized role of Personnel Commissioners that requires certain skills and experience. Councilman Bauer stated that from his experience on the Personnel Commission, common sense was more important than technical knowledge. He stated that legal and technical advisors were available to Personnel Commission members. Councilman Leipzig spoke in support of Personnel Commission members serving the balance of their current terms after the ordinance goes into effect in order to make a gradual transition. A motion was made by Sullivan, seconded by Garofalo, to amend Ordinance No. 3323 and return to Council for first reading with an (8) eight year maximum service for Personnel Commissioners; the Council to appoint people to continue for the Personnel Commissioners who have many years of service which would result in not having all of the Commissioner's term expiring at the same time. .O Page 26 - Council/Agency Minutes - 02/05/96 Councilman Green inquired if the motion included the provision that all Personnel Commissioners who have served two terms or more at the time the ordinance is passed will be off the Commission. Mayor Sullivan stated that the intent is that the current Personnel Commissioners remain in office until new appointees are approved by Council. Councilman Green stated he would vote againt the ordinance for the reason that he believes the current Personnel Commissioners should complete their terms. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Garofalo NOES: Leipzig, Green ABSENT: None (City Council) Resolution No. 96-8 - Adopted As Amended - Urges State to Use Surplus Funds to Return Monies to Cities (120.70) The City Council considered a communication from Councilwoman Shirley Dettloff transmitting proposed Resolution No. 96-8 for Council consideration. Councilwoman Dettloff spoke regarding the fund surplus announced by the Governor and -- stated that if the surplus was allocated to the cities it would mean completion of much needed city projects; also that the League of Cities be requested to ask other cities to participate and for the League to also consider it as a League Resolution. A motion was made by Dettloff, seconded by Harman, to adopt Resolution No. 96-8 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE STATE OF CALIFORNIA TO UTILIZE THE ANTICIPATED FISCAL YEAR 95/96 STATE BUDGET SURPLUS BY RETURNING FUNDS PREVIOUSLY TAKEN FROM CALIFORNIA CITIES." as amended to direct that said resolution be sent to the Assembly and Senate Chairs and Senator Johnson. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 59 02/05/96 - City Council/Redevelopment Agency Minutes - Page 27 (City Council) Reports Requested From Investment Advisory Committee On City Financial Status And Finance Board On Infrastructure Councilwoman Dettloff requested the Chairs of the Investment Advisory Committee, at a Council meeting or Study Session, to present.an update from their perspective on how they feel the city's financial status to be . Councilwoman Dettloff also requested a report from the Finance Board on their study of the city infrastructure. (City Council) Appointment To Finance Board By Councilman Garofalo - Kay Work Traver (110.20) The City Council considered a communication from Councilman Garofalo regarding various issues. Councilman Garofalo announced the appointment of Kay Work Traver as his designee to the Finance Board. Council) Request Establishment Of Ad Hoc Council Committee To Study GTE Billi Issues- Garofalo, Leipzig, And Harman - Appointed (120.25) The City Council considered a communication from Councilman Garofalo regarding various issues. A letter from the GTE Corporation, dated January 17, 1996, was received and distributed to Council requesting a hearing before Council to appeal the 15% fine levied on the late payment of the August Utility Users Tax. Councilman Garofalo addressed Council regarding his recommendation that a three member Council Committee be appointed to hear an appeal of GTE of the fine levied on the late payment of the August Utilities Users Tax. The City Administrator reported. Councilman Bauer spoke regarding the importance of the Council not entering into a process whereby Council would be inundated with hearings. Following discussion, a motion was made by Garofalo, to appoint a three member Ad Hoc Council Committee to conduct the hearing with the applicant and to report back to Council on the issue as it applies to GTE and in the broader sense a review of the ordinance to make recommendations. The motion failed for lack of a second. Deputy City Attorney De La Loza advised Council regarding the provisions of the ordinance relative to this issue. Page 28 - Council/Agency Minutes - 02/05/96 Further discussion was held by Council. The Deputy City Attorney De La Loza reported on alternative procedural methods. A motion was made by Sullivan, seconded by Green, that an Ad Hoc Council Committee be set up to meet with the City Administrator on this matter and report back to the Council prior to having a hearing or any action. The motion carried. The Mayor appointed Councilmembers Garofalo, Leipzig, and Harman to the Ad Hoc Council Committee. (City Council) Park Improvement District - Advisory Vote - Request For Various Actions To Be Taken By Community Services Commission (350.30) The City Council considered a communication from Councilman Garofalo titled Park Improvement District Advisory vote. Councilman Garofalo requested that the Community Services Commission be directed to re- engage the issue of sports facilities in the community and begin the process, including a questionnaire to the community regardless of whether Ballot Measure GG passes or is defeated on March 26, 1996. The Community Services Director reported on the status of a proposed consultant's study on this subject stating that proposals will be ready for Council in the near future. Discussion was held between the Council and the Community Services Director regarding how to proceed with formulating the questions for the survey and the Community Services Director informed Councilman Garofalo that prior to formulating the questions for the survey he would recommend that the process with the school districts be completed; return to Council with proposals and the tasks including the present allocation of the fields, the projected growths in 5, 10 and 25 year increments; and total number of all the youth groups. A motion was made by Garofalo, seconded by Green, that Council request that the Community Services Commission begin a process to re -study the needs for sports complexes and that the city try to get a couple of questions into the community survey that is already funded to further assess the community expectation levels. Discussion was held regarding the intent of the motion and Councilman Garofalo stated that it was the intent of his motion that it include senior center sites and beach improvements. The Community Services Director stated that the Community Services Commission has already appointed committees to assess these issues. 61 02/05/96 - City Council/Redevelopment Agency Minutes - Page 29 Further discussion was held including the needs of the youth sports group; the direction they perceive on this issue as compared to the direction perceived by the Community Services Commission; and the need for a short time line for the study. The Community Services Director reported on the various issues involved to reach the goal. The motion, as amended to delete the issue relative to the questionnaire, carried by unanimous vote. Following discussion, a motion was made by Garofalo, seconded by Green, to approve Recommendation b set forth in Councilman Garofalo's communication as follows: b. There is one city-wide Questionnaire being developed by Community Services which we could piggy -back a few questions regarding the supply and development of open -space for active youth sports. We should take advantage -of these opportunities and begin, even in a general and cost-effective way, to understand the expectation levels of the community in this area. 'The motion carried by the following roll call vote: - AYES: Harman, Leipzig, Sullivan, Dettloff, Green, Garofalo NOES: Bauer ABSENT: None (City Council) Public Works Commission And Composition Of Membership - Motion To Transition Public Works Commission Members - FAILED (110.10) The City Council considered a communication from Councilman Garofalo regarding various issues. Councilman Garofalo shared his ideas with the City Council regarding his concept of the Public Works Commission. Discussion was held by Council regarding matters relating to the Public Works Commission and its function. A motion was made by Garofalo, seconded by Green, that the Public Works Commission in transition; be an Advisory Board to the Public Works Director and that a full blown Public Works Commission be made up of members appointed by each Councilmember. Following discussion, the motion FAILED to carry by the following roll call vote: AYES: Green, Garofalo NOES: Harman, Leipzig, Bauer, Sullivan, Dettloff ABSENT: None Page 30 - Council/Agency Minutes - 02/05/96 (City Council) Appointments to Council Privatization Committee Announced - Leipzig, Garofalo and Sullivan (120.25) The City Council received a communication from Mayor Sullivan submitting appointments to the City Council Committee on Privatization. The Mayor announced the appointment of Councilmembers Leipzig, Garofalo and himself to be the Council Privatization Committee. (City Council) Huntington Beach Gun Range - Ordered Closed Pending A Ballistics Study -Independent Expert Analysis Of Safety Of Range -Approved (600.10) The City Council considered a communication from Mayor Sullivan dated February 2, 1996. The following late communication were announced earlier in the meeting by the Deputy City Clerk: Communications from Mayor Sullivan, dated February 2, 1996, regarding an order to close the gun range and from Gail Hutton, City Attorney, dated January 30, 1996, regarding the possible police firing range incident Mayor Sullivan referred to his communication dated,February 2, 1996 regarding the Huntington Beach Police Officer's Association Gun Range. He spoke regarding his concern for safety and spoke regarding the bullet which had entered the home where there is day care facilities. The Mayor commented on his recommendations as presented on the agenda. Captain Gildea, at the request of Councilwoman Dettloff, reported on the status of the ballistics study on the bullet that was found in the home stating a final report should be ready the first of next week. He responded to Councilwoman Dettloff's question regarding studies of the range which have been done periodically. The City Administrator reported that a safety study report would be ready in two to four weeks. Deputy City Attorney De La Loza, at the request of Councilwoman Dettloff, reported on the letter from the City Attorney's Office regarding closure of the gun range. He reported on the exercise of power that Council may choose to close the gun range. Captain Gildea reported on aspects pertaining to the bullet, safety measures, and feasibility of whether the bullet came from the range. , Deputy City Attorney De La Loza reported on the conditions by which the Police Officers' Association had verbally agreed to suspend its operation for a 30 day period including the city picking up the expense of the two personnel at the range, lost range revenue and that the Department of Justice do the ballistics out of Sacramento. 63 02/05196 - City Council/Redevelopment Agency Minutes - Page 31 Councilman Harman spoke regarding factors relating to the bullet which made him think that there is a high probability the bullet came from the range. He urged Council to adopt the recommendations presented by the Mayor and as allowed by Paragraph No. 13 of the Lease. Councilman Leipzig stated he believed the closure should be keyed to the safety study rather than the ballistics study. Councilman Garofalo gave reasons why he would vote against the motion. Councilman Bauer spoke regarding the Council's moral responsibility to assure the residents that the Gun range is operating in a safe fashion and that the range should not open until such time as an independent authority assures it's safety. A motion was made by Sullivan, seconded by Harman, to order the Huntington Beach Officer's Association to close the Huntington Beach Gun Range until the following conditions have been met: 1. A,bal�stics study on the bullet that crashed through a window on Ford Drive on �a`nudry 23; 1996, is'completed by an expert not employed by the City of Huntington Beach. 2. An independent expert selected by the City Administrator has completed an analysis of the safety of the range and provided recommendations to ensure it safe operation. 3. The City Council has concluded that the Gun Range can be operated in a safe manner. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: Garofalo ABSENT: None 64 Page 32 - Council/Agency Minutes - 02/05/96 ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 1:00 a.m. to Monday, February 12, 1996, at 5:00 p.m. at the Central Library in Rooms C and D, 7111 Talbert Avenue, 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 POW-1