HomeMy WebLinkAbout1996-08-12MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 P.M. - Room B-8
7:00 P.M. - Council Chamber
Huntington Beach, California
Monday, August 12, 1996
An audio tape recording of the 5:00 p.m. portion
of this meeting and a video tape recording of the 7:00 p.m. portion
of this meeting is on file in the Office of the City Clerk.
Call To Order
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
The Call For Special Meeting of the City Council and Redevelopment Agency, signed by the Mayor
and the City Clerk, had been posted and provided to the newspapers pursuant to the Brown Act.
(City Council) Study Session - Main Street - Third Block West Project - Staff To Prepare Plan
For Presentation In 30 Days (410.20)
The City Council considered a communication from the Community Development Director, dated
August 12, 1996, titled Third Block West - Plaza Almeria,
Community Development Director Fallon reported on the history of the Third Block West Project.
She reported on the participation of Johannes Van Tilburg, consultant, representing the firm of Von
Tilburg, Ban Vard and Sodenbergh, A.I.A., Architectural Planning Institute, who had critiqued the
project at her request. She stated that it had become apparent that the staff and Mr. Tillotson,
applicant, could benefit from Mr. Van Tilburg's expertise.
The Community Development Director spoke regarding the goals for the area, including the city's
desire to improve the design of the project and meet the financial needs of the Redevelopment
Agency, provide for Agency cost recovery, utilization of sound planning and design principles, and to
provide for developer cost recovery.
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Project Status Report
Jane Madera, Assistant Planner, reported on the project and referred Council to the 1991 project
model. She brought Council's attention to the Third Block West, Comparison Matrix dated
August 12, 1996, included as a part of Council's agenda material. Ms. Madera reviewed the style of
the project and stated that the parking was on site. She reviewed the current approved plan (1991)
and showed a model plan submitted in 1996 and reported on the differences. She informed Council
that the parking requirements were almost met on site and that there is a meeting scheduled on
parking issues.
Planning_ Department Critique Of 1996 Submitted Project Plan
Howard Zelefsky, Planning Director, reported on the plan for the project submitted in 1996 to the
city. He informed Council of project problems, including circulation (truck deliveries in respect to
residential), pedestrian orientation, particularly along Orange Avenue, and the plan for commercial
use as it relates to the residential use planned.
Consultant's Critique Of 1996 Submitted Plan - Johannes Van Tilburg Consultant - Firm Of
Von Tilburg, Ban Vard And Soderbergh, A I A , Architectural Planning Institute
Johannes Van Tilburg, Consultant, Von Tilburg, Ban Vard and Soderbergh representative,
presented slides of different types of projects located in the cities of Pasadena, Venice, and Santa
Monica. He stressed the importance of removal of traffic flow by closing off streets as has been
done on projects he has developed. Mr. Van Tilburg informed Council that Community Director
Fallon had requested that he give her an honest appraisal of the project. He presented wall
renderings of the dimensions of the project he would propose, including parking costs per stall.
Mr. Van Tilburg presented reasons why 240 parking stalls were required.
Presentation On Key Issues
Community Development Director Fallon reported on parking issues and stated that the Tillotson
project had stricter requirements than are currently required in other downtown areas.
The Community Development Director informed Council that issues requiring negotiations include
open space requirements, requirement for 22 affordable housing units, and truck deliveries. She
stated that inclusion of a market will not work in the plan.
Economic Development Director Biggs informed Council that Mr. Van Tilburg was reporting on
public parking in his projects and that the plan presented was not that of staff.
Howard Zelefsky, Planning Director, reported on parking and other issues involved such as number
of units, loan issues, building design on 5th Street, and design issues relative to buildings on the
other side of 5th Street. Mr. Zelefsky stated that a problem of the project is that the project "has its
feet in two different city codes," and this issue will have to be resolved with the City Attorney's
Office.
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Herb Fauland, Associate Planner, reported on the Downtown Parking Master Plan which is
undergoing its first annual review. He stated that he believes there is flexibility and that the plan can
be amended to make it work.
Economic Development Director Biggs reported on design and financial considerations.
Mayor Pro Tern Bauer informed staff that he requires facts to be put on paper in order for him to
remember details which have been presented.
John Tillotson, applicant, addressed Council regarding his goal of meeting the needs of the city and
his company's needs. He spoke regarding the $4,000,000 project costs already expended, stating
the need to move forward soon. Mr. Tillotson stated he is entitled to build the original project but
that the original project is not the best project. He requested that Tom Winfield, Attorney at Law, be
allowed to address Council regarding the project as Mr. Winfield met with the City Attorney staff.
Tom Winfield, Attorney, spoke regarding the history of the project and the lawsuit. He stated that
the city has spent as much as Mr. Tillotson. Mr. Winfield stated that Mr. Tillotson could build the
1991 project; however, Mr. Tillotson would like to build the revised project that staff recommends.
He stated they would like to work with staff and return to Council in 30 days regarding the best
process, including regulatory issues.
Community Development Director Fallon stated that Mr. Tillotson has come to a point where
financially he must have a project and that staff would like to return to Council with a workable
project.
Councilman Green stressed the need to be attentive to other property owners in the area, such as
Mr. Mandic who is present at this meeting.
Councilman Leipzig agreed that parking is the key issue and that Council has not heard anything
regarding the parking problem.
Mr. Winfield reported on parking issues and stated that Mr. Van Tilberg's proposal is 100 parking
spaces shy.
Mr. Van Tilberg stated that the parking could be found but it would not be economically viable and
that it is not necessary for the project.
Councilman Garofalo stated that he would like to see a market -driven project. He stated that he is
anxious to find a middle ground.
Councilwoman Dettloff stated that parking has never been the driving issue for her and that she
believes the parking issue could strangle a good project. She stated that fairness to the other
downtown property owners must be kept in mind. Councilwoman Dettloff stated this may mean a
.need to accommodate others in the downtown area.
Councilman Harman stated he was supportive of the details being presented to Council in 30 days.
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Councilman Bauer stated that parking rules were not made up by the Council Committee but were
analyzed by studying different types of uses as well as by a consultant study. He stated that he was
not going to reject a year of committee work after this ten minute presentation. He stated the
committee had been very flexible. He spoke regarding the uses downtown paying for themselves.
Mayor Sullivan stated that he agreed with Councilman Leipzig and Mayor Pro Tern Bauer and that
in the interest of time, he would not elaborate.
On motion by Garofalo, second Green, Council directed staff to return in no more than 30 days with
a plan that reflects what has been discussed at this Council meeting; also to inform Council of the
reason why the parking plan that was adopted is different than that presented today. The motion
carried by unanimous vote.
Recess - Closed Session
The Mayor called a recess of the City Council and the Redevelopment Agency at 6:30 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 & 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 54956.8 to give instructions to
the city's negotiator, Michael Uberuaga, regarding negotiations with Robert L. Mayer Corporation
concerning the possible grant of an easement for the property located adjacent to the Waterfront
Hilton on Pacific Coast Highway. Instruction will concern: Price and terms of payment. Subject:
Waterfront DDA (Disposition and Development Agreement). (120.80)
Reconvene
The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at
7:15 p.m. in the Council Chambers.
Pledge Of Allegiance
The Pledge of Allegiance was given by all present in the Council Chamber.
Invocation
The invocation was given by Mayor Sullivan.
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City Council/Redevelopment Agency Roll Call
Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
Absent: None
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 Community Development Director, dated August 12, 1996, regarding
Reorganization of Code Enforcement Reporting Districts
Page No. 2 of the Request for Council Action for the August 19, 1996 meeting regarding the "ABLE"
Program
City Administrator's Budget Study Session Slide Report dated August 12, 1996
Management Systems Institute (MSI) Cost Study Recommendations
Economic Development Department 1996-97 Proposed Budget Slide Report
(City Council) Study Session-1996-97 Proposed Budget (320.20)
The City Council considered a communication from the City Administrator, dated August 8, 1996,
titled Budget Study Session.
The City Administrator requested that Council refer to his August 8, 1996 Interdepartmental
Communication titled Budget Study Session. He stated that the meeting would be structured
according to the list of subjects therein.
The City Administrator reviewed the budget slide report.
In response to Councilman Garofalo, the City Administrator stated there were approximately
12 persons to be laid off. Councilman Garofalo requested a report on permanent/part-time
equivalency.
(City Council) Proposed Sewer Maintenance Fee - Report By Maintenance Operations
Manager Don Noble
The City Council considered a communication from the Public Works Director, dated June 5, 1996,
titled Proposal for Sewer Service Fee.
Don Noble, Maintenance Operations Manager, distributed a document titled Proposed Sewer
Assessment Fee.
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Discussion was held regarding Mr. Noble's report.
Business License Fee Increase - Report By Deputy City Administrator Franz
The City Council considered'a communication from Deputy City Administrator Franz, dated
August 8, 1996, titled Increase in the City's Annual Business License Fee.
Administrative Services Director Franz presented a report on business license fees and informed
Council regarding surveys which had been conducted by staff.
Considerable discussion was held by Council, including discussion on Mayor Pro Tern Bauer's
recommendation that rental property, which is currently exempt from a business license
requirement, be included.
Councilman Harman stated that he was glad that City Treasurer Freidenrich had met with
representatives of the City of Newport Beach to review that city's aggressive business license fee
collection.
Alternative New Revenue Sources - Report
The City Council considered a communication from Deputy City Administrator Franz dated
August 5, 1996, titled Information Item: Follow-up to City Council Budget.
Administrative Services Director Franz presented a staff report.
Discussion was held by Council regarding the feasibility of selling city property. The City
Administrator reported on this issue.
Considerable discussion was held regarding fees.
Library And Cultural Development Fee - Report By Library Services Director And Finance
Director
Library Director Hayden reported on the proposed Library and Cultural Development Fee stating
that a public hearing is scheduled for next week.
MSI System (Management Service Institute) - Report By Rick Kermer
Rick Kermer, Management Services Institute (MSI) President, presented a slide report. He reported
on the city's goal of recovering fees.
Further discussion was held between Council and Mr. Kermer.
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Redevelopment Budget - Report By Economic Development Director
Economic Development Director Biggs presented a slide report.
The Economic Development Director responded to Councilman Harman's questions regarding how
other cities fund Economic Development Departments.
Discussion was also held regarding proposed deficits.
Councilman Garofalo presented questions regarding the value of the Waterfront property
transaction.
Administrative Services Director Franz reported to Councilman Garofalo that the Redevelopment
Agency owed the city $80,000,000.
Status Report On The Police Department Airborne Law Enforcement (ABLE) Helicopter
Program
Police Chief Lowenberg reported on Page No. 2 of the Request for Council Action that had been
prepared for the August 19, 1996 Council meeting. He informed Council that the Airborne Law
Enforcement (ABLE) Program was operationally effective; however, the other cities are not
participating in a manner that is financially sound for the city. He stated that cities would call for
assistance, then would cancel at the last minute after Huntington Beach response had commenced.
The Police Chief reported regarding plans for a joint powers agreement. He reported that it
appeared that the ABLE program was no longer feasible. He stated that it would be his
recommendation that the city withdraw from the ABLE program. The Police Chief spoke regarding
the need for agencies to consolidate their maintenance. He addressed environmental issues
regarding takeoffs and landings.
The City Administrator reported on the dismantling of the ABLE program.
The Police Chief responded to Mayor Sullivan's questions regarding how the cities of Fountain
Valley, Seal Beach, and Los Alamitos operate in this area.
Equipment Replacement Fund - Report By Deputy City Administrator Franz
The City Council considered a communication from Deputy City Administrator Franz, dated
August 7, 1996, titled Equipment Replacement Fund.
Administrative Services Director Franz reported on the Equipment Replacement Fund, referring to
his Interdepartmental Communication dated August 7, 1996.
Brief discussion was held by Council regarding the report.
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Refuse Collection Costs - Report By Deputy City Administrator Franz
The City Council considered a communication from Deputy City Administrator Franz, dated
August 7, 1996, titled Refuse Collection Service Costs.
Administrative Services Director Franz reported on refuse collection service costs and referred to
his Interdepartmental Communication dated August 7, 1996.
Follow-up Report By City Administrator To City Council Previous Budget Information
Requests
The City Administrator presented a report covering his Interdepartmental Communication dated
August 5, 1996, titled Information Item: Follow-up To City Council Budget Suggestions.
Councilman Garofalo asked if the $196,000 savings in the Public Works Department was a savings
in addition to the layoffs. The City Administrator stated it was not.
Councilman Garofalo stated that he had been informed otherwise by the Department of Public
Works.
Recess -Reconvene
The Mayor recessed the City Council and Redevelopment Agency meetings at 9:35 p.m. The
meeting was reconvened at 9:45 p.m. in the Council Chambers.
City Council - City Staff Discussion
Councilman Harman requested information regarding the increase in Special Events Overtime and
the difference between the lengthy budget and the smaller version.
Jim Moore, Police Department Senior Analyst, reported on the cost of such overtime, stating that
the costs for the July Fourth weekend alone were $200,000.
The Police Chief also reported on the issue, including the demand for overtime on less employees.
Councilman Bauer asked if some special events brought income to the city.
Mr. Moore stated this was correct; however, the income does not go back into the department
budget. Administrative Services Director Franz reported that when special events are set up, the
city does not charge enough to cover costs, or if being subsidized, they have not been included as a
budget line item.
In response to Councilman Bauer, Community Services Director Hagan stated that all costs for
Pierfest are covered. He informed Council that certain events such as Duck-a-thon and Project
Self -Sufficiency are not.
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The City Administrator spoke regarding the report he has requested the Community Services
Director to prepare showing such costs.
Considerable discussion was held regarding the budget for police overtime which had been under -
budgeted in the past.
The Community Services Director proposed a tracking method to Council.
In response to Mayor Sullivan, the Police Chief reported on issues involved in planning for special
events, stating that in theory the city is recovering costs but often times is not.
Mayor Sullivan suggested a flat fee for special events with a refund if the costs turn out to be less.
The Police Chief stated he would be glad to meet with special events promoters regarding this
issue.
Community Services Director Hagan reported that a $35,000 bond has been requested for the
Pierfest event this year.
Straw Vote - Business License Tax - Community Development - Police Department Fees To
Be Considered
A motion was made by Garofalo, second Green, to amend the public hearing notice for the
proposed business license tax to include alternative recommendations presented by the
Administrative Services Director. (Community Development Related Fees and Police Department
Fees). The motion carried by unanimous straw vote.
Straw Vote - Business License Fee For Rental Units
A motion was made by Bauer, second Leipzig, to establish a business license fee for one and two
bedroom rentals. The motion carried by the following roll call straw vote:
AYES: Harman, Leipzig, Bauer, Dettloff
NOES: Sullivan, Green, Garofalo
ABSENT: None
Administrative Services Director Franz stated that this fee would be subject to a business license
fee hearing.
Straw Vote - Proposed Fee Increases
A motion was made by Leipzig, second Garofalo, to approve the following: New Parking Meters
$44,000; Preferred Parking Plan - Beach $100,000; Increase Charges To Cover Costs $85,000;
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Straw Vote - Proposal To Establish A Sewer Maintenance Fee - Motion Failed
A motion was made by Dettloff, second Green, to establish a Sewer Maintenance Fee. The motion
FAILED by the following roll call straw vote:
AYES: Bauer, Dettloff, Green
NOES: Harman, Leipzig, Sullivan, Garofalo
ABSENT: None
The City Administrator suggested certain fees that could take the place of the sewer maintenance
fee.
Straw Vote - Community Development And Police Department Fees
A motion was made by Harman, second Garofalo, to establish Community Development
Department and Police Department related fees as set forth on Page 2.G of the August 7, 1996
report. The motion carried by unanimous roll call straw vote.
Councilwoman Dettloff stated that she believes it will be very destructive to the city and community if
justified fees are not increased.
Councilman Garofalo disagreed, stating that economic development was needed.
Alternative New Revenue Sources - Administrative Services Director Franz
The City Council considered a communication from Deputy City Administrator Franz, dated
August 7, 1996, titled Alternative New Revenue Sources - 1996197 Budget.
Recess - Closed Session
The Mayor called a recess of the City Council and the Redevelopment Agency at 6:30 p.m. to
consider the following Closed Session item:
Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to
the city's negotiators, Michael Uberuaga and Ron Hagan, regarding negotiations with H.B.P.O.A.
concerning the lease of the property located at 18221 Gothard Street. Instruction will concern price
and terms of payment. Subject: Huntington Beach Police Officers' Association Lease of Gun
Range. (120.80)
Reconvene
The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency.
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Adjournment - City Council/Redevelopment Agency
The Mayor adjourned the adjourned regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to Monday, August 19, 1996 at 5:00 p.m. in Room B-8,
Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
. 49A�1-�
City Clerk and ex-officio Clerk o 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 Mayor/Chairman