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HomeMy WebLinkAbout1996-10-21MINUTES 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, October 21, 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 are 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 Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency to consider the following closed session items: Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives, William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer 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 City v. TLC, a Partnership, et al. - Orange County Municipal Court Case No. 227420. Subject: City v. TLC, a Partnership, et al. (120.80) 564 Page 2 - Council/Agency Minutes - 10/21/96 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 Talbert & Beach, Inc. v. City of Huntington Beach - United States District Court, Court Case No. SA CV 96-969 AHS (EEx); Subject: Talbert & Beach, Inc. v. City (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 Bloom v. City of Huntington Beach - Orange County Superior Court Case No. 67 13 06 or Fourth District Civ. No. G015412. Subject: Bloom v. City of Huntington Beach. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.9(a) to give instructions to the agency's negotiators, Michael Uberuaga and David Biggs, regarding negotiations with J. T. Development concerning the purchase/sale of property located at Third Block West Project in the Main -Pier Project Area at Main, Orange, Olive and Fifth Streets. Subject: Third Block West. (400.50) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is United States v. Montrose Chemical United States District Court Case No. CV 90-3126 AAH. Subject: United States v. Montrose Chemical. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code 54956.9(c) based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of Potential Cases: 1. Subject: Mola Debt to Agency. (400.50) Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation (based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation). Number of potential cases: 1. Subject: Bus Shelter Advertising (Metro Display). (120.80) Reconvene The Mayor reconvened the regular meeting of the City Council/Redevelopment Agency in the Council Chamber. City Council/Redevelopment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None 565 10/21/96 - City Council/Redevelopment Agency Minutes - Page 3 Pledge Of Allegiance The Pledge of Allegiance was given by those present in the Council Chamber. Invocation Councilman Sullivan gave the invocation. Presentation - A presentation was made by the Mayor and City Councilmembers and representatives of Mothers Against Drunk Driving (MADD) to the Huntington Beach Police Officers in recognition of the number of drunk driving arrests these officers have made during the period July 1, 1995 through June 30, 1996. Officer Mike Christ, Badge No. 157, made 137 arrests; Officer Kurt Svahn, Badge No. 258, made 39 arrests; and Officer John Blackwell made 31 arrests. Late Communications Announced By The City Clerk The City Clerk announced the following late communications received following the distribution of the agenda: Request for Council Action from the Police Chief dated October 7, 1996 regarding Ordinance Nos. 3336 and 3337, Oversize Parking Ordinance Revisions - Arterial Streets City Treasurer's Slide Report dated October 21, 1996 Passing Of Richard Barker - Community Volunteer (110.30) Councilman Garofalo announced the passing of Richard Barker, a community volunteer, who, for 28 years, helped the needy in St. Bonaventure Church's Project HOPE (Helping Other People Every Day). Last summer, he was an Olympic torch bearer, nominated by one of the people he had helped. During the run, he shared his torch with school children and seniors in Huntington Beach. Public Comments Hugh Foster, Golden West College representative, spoke regarding the Criminal Justice Training Center at Golden West College and the services the center provides. He spoke regarding the possibility of the city and the Criminal Justice Training Center jointly operating the police gun range. Celebration of Project DARE The Mayor explained that red ribbons were being worn to declare Project DARE being celebrated this week in the schools. 566 Page 4 - Council/Agency Minutes - 10/21/96 Bob Biddle spoke in opposition to lease of the police gun range by the city to the Huntington Beach Police Officers' Association for only $1 per year. He requested the Council to terminate the lease and remove the gun range from Huntington Central Park. Bob Winchell, Huntington Beach Tomorrow representative, stated the organization's position that the Huntington Beach Police Officers' Gun Range be closed as Huntington Central Park is to be a passive recreational park and that there are other places in the city that do not impact the city's noise and safety standards. He stated that, as a private citizen, he deplores the abuse the City Council has taken because of the gun range issue. He spoke in opposition to the police officers' request for salary increase. Dennis Davenport, Chairman, National Rifle Association, gave reasons why the city should provide for a recreational/police training facility. He spoke regarding the need to have the police range upgraded and opened to the public. Mr. Davenport recommended that staff's request to study the issue further be approved. He stated that the Police Officers' Association cannot be entirely blamed and cited the reasons why he believed it was perhaps time for Councilmen Harman and Sullivan to be removed from the Council Committee. Chuck McKinley, National Rifle Association Gun Range Committee representative, stated that the committee favored the staff recommendation on the gun range issue appearing on the agenda. He stated his support for a gun range. Willy Riddell, National Rifle Association member, spoke in support of the staff recommendation relative to the gun range issue. Ed Carbury, National Rifle Association member, distributed an invitation to the Family Fun Shoot, Toys for Tots Charity, sponsored by NRA Members' Councils of Southern California, Prado Olympic Shooting Park, Chino, California and California International Clay Target Shooting Association to be held December 8, 1996 at Prado Olympic Shooting Park. He stated that he believed the city's gun range could be improved and kept, with similar charity events held. Thomas Lambert spoke regarding the need for a park for the residents of the Crest View neighborhood to use that is safe and easy to access. He urged that the gun range be income producing for the city; that the gun sport will make more money than any youth or sports activity in the city. Mr. Lambert stated that the federal government has the ability to close the facility at Seal Beach at any time and that the Seal Beach facility should not be considered an alternative. He stated that on a bad day, he believes $5,000 can be earned from a city gun range. Brian La Salle, National Rifle Association member, spoke in favor of the gun range, stating he believed it provided an opportunity for the city to make money, the police to save money on their training, and for private individuals to get the training they need or desire. Ralph Guerre, National Rifle Association member, spoke in favor of the gun range and the right to bear and keep arms. He stated the need for the police, Council, and people to work together. He cited the need for all persons to learn to safely shoot. Eugene Case stated he liked to practice with his weapon. He requested the gun range to remain open so the citizens can learn self-protection as the police cannot be everywhere. 567 10/21/96 - City Council/Redevelopment Agency Minutes - Page 5 Chuck Beaureaard spoke regarding his belief that Measures J, K, and L on the forthcoming election ballot will keep kids from carrying guns to school. He spoke regarding the response of Council candidates to a candidate questionnaire as to their positions on the ballot measures. He stated thal the flyers recently received in the mail were in error; that there is not a skateboard park in Central Park. Dean Albright stated he had distributed a communication to Council that gave reasons for his recommendation that a police commission is needed in the city. Ronald Davis presented a communication to the Sergeant at Arms. He stated the difficulties relative to his past efforts to put a sign at his business location. He then spoke regarding the political signs in the city and the blight he believes such signs cause. Marie Palmer spoke regarding the recent televised candidates' forum whereby she stated the three Council incumbents called Candidate Doney a liar relative to his statement on Police Department personnel reduction. She stated that the Police Department staff was reduced by 36 positions, 12 of which are gun and badge positions. She stated that the police were tired from working overtime. Ms. Palmer stated that the $1,000,000 budget increase from last year did not include funds for a police officer position; that the same number of officers were still on the street as were on the street in 1976. She stated that it was time for a change from the City Council incumbents. Ed Kerins, Huntington Beach Tomorrow representative, stated that the Council is to be commended for keeping public comments at the beginning of the agenda so that the public can be heard early. He thanked Council for exposing the salary spiking and for the business development policy which brought Unisource Company and Sharp Company to the city. He thanked Councilman Harman for bringing Measures, J, K, and L to a vote of the people. Dr. Gordon Smith gave reasons why he believes the Council has acted very responsibly and that he can see no reason not to vote for the incumbents. Phil Smith stated that he believes this Council has been elected by the people and has no special interests. He stated that he believes Council is doing a good job. Lou Baker stated that he is in favor of youth sports and seniors but is against voting for a new tax, assessment, or fee. He stated that his City Council candidacy is supported by Congressman Dana Rohrabacher. He spoke regarding his platform. Debbie Cook spoke regarding the tactics of some members of the Police Officers' Association which she believes call for an independent investigation. She gave examples, citing use of police officer badges when campaigning door to door, signs placed by the association urging the defeat of two candidates which do not distinguish that the sign message is a union position, not an official position, and removal of campaign signs by Retired Senior Volunteer Program (RSVP) officers. Ms. Cook stated she did not oppose the gun range. She stated that the Gun Range lease required that it be open to the public or revert to the county. She objected to the City Council not being informed of state legislation that almost passed that would have removed local control of existing gun ranges. She stated that the gun range books should be open and an audit conducted. • i� Page 6 - Council/Agency Minutes - 10/21/96 Mark Stemmer questioned if the gun range is shut down, where will the police get their practice. He stated that the canine unit is not in operation and that in one recent situation it could have been used. He stated that the Police Department is down 36 positions, including secretaries and mechanics who are the police support. Councilman Leipzig clarified that the gun range was not to be closed, only the lease terminated. Mayor Sullivan displayed a chart showing increased allocations in the Police Department and the cuts in other departments. Steve Gullaoe, president of the Huntington Beach Mobile Home Owners' Association, stated that he was an outraged senior citizen who loves and wants to remain in Huntington Beach. He spoke regarding the campaign material which stated that there were bad conditions in the city relative to law enforcement ability and stated that their organization's investigation show that the facts are otherwise. He cited some of the facts they found. Pauline Robison, Rancho del Rey Mobile Home Park resident, gave reasons why she believes the Council supports the Police Department. She presented what she stated were the facts, including facts relative to Fire Department response times and gang enforcement by the Police Department. Jim Barker addressed Council and clarified facts on campaign material, including the sexual offender prevention program and burglary reports being taken by citizens. He stated that the City Council has been in office when the,city received awards for safest city for the past two years. Al Caressa stated that he believes the city has a well-balanced council and that the city is safe as designated by the FBI. He stated that fire incidents are on a continued decline. He spoke regarding the Council's efforts on public safety issues. Mr. Caressa stated that there are not funds for police raises. Sandra Cole, Huntington Beach Mobile Home Owners' Association representative, clarified statements on the campaign flyer mentioned earlier in the meeting. She stated reasons for the establishment of the skateboard park mentioned on the flyer; that the graffiti wall to which the flyer. referred was an experiment by a previous Council and had been stopped by this Council. Mrs. Greenwald and daughters, Allison and Laura. addressed Council in support of the gun range. Allison showed her award for gun use proficiency and stated that she could have done better if there had been a gun range available to practice. Laura spoke regarding the gun range competition, stating that she had not done well and that she needed a place to practice. Mrs. Greenwald urged the Council to keep the gun range. Mark Porter, Huntington Beach Tomorrow representative, stated that the organization has endorsed the candidacies of Councilmen Leipzig, Harman, and Sullivan. He stated that it was Councilmembers in the 1980's that did not approve the Price Club development. He stated that this Council is making efforts to attract business. Mayor Pro Tempore Bauer added that Westminster Mall was built 25 years ago. 569 10/21/96 - City Council/Redevelopment Agency Minutes - Page 7 Mike DuBrock stated that he was at home watching the meeting when he heard Mr. Baker's statements regarding a questionnaire filled out by a Council candidate. He stated his position on the proposed assessment district for Measure J. He stated that there was not adequate financial information made available on the proposed assessment. Jim Martin stated that he believed $8.5 million was a little steep to put a gun range on unstable soil. He stated that he would like to know if the revenues from the gravel pit operations at Huntington Central Park and the city's mobile home park are used for park purposes. He spoke regarding the provisions of the deed which require recreational use of the property. Mr. Martin stated his support for the police and suggested that perhaps the police union needed new leadership. Kevin Calisher spoke regarding his friend's and his experience with police officers when out after curfew. He stated that he had received a ticket and had spent hours at the Santa Ana Courthouse. He informed Council of the inconvenience to him and stated that he believed there were more serious crimes occurring on which the police should focus. Request For Report Regarding Huntington Central Park Gravel Pit Revenues (120.90) Mayor Sullivan stated that he would like to know where the revenue from the gravel pit facility is placed and why is there such a facility in the park. Police Department Report To Be Prepared Regarding Curfew Enforcement Procedures (120.90) The Mayor questioned the Police Chief regarding the police procedure relative to the situation of an underage person being out after curfew with an older brother. The Police Chief stated that he would prepare a report. Mayor And City Councilmembers'Comments On Various Issues Mayor Sullivan, referring to campaign signs containing the message that the Huntington Beach Police and Fire support the defeat of Councilmen Harman and Sullivan, asked the Police Chief if the Police Department did support the recommendation of defeat. The Police Chief informed the Mayor that it was not the position of the Police Department as the Police Department is politically neutral. Duane Olson, Fire Marshal, in response to Mayor Sullivan, stated that the Fire Department's position is the same as stated by Police Chief Lowenberg. Mayor Sullivan asked the Police Chief if it was right for a police officer to show his badge when campaigning, and the Police Chief stated that it was against Police Department policy and he believes against state law. The Police Chief requested that if anyone comes in contact with such a situation that he be informed as he will not condone such action and will see that it is stopped. He stated that he has a responsibility to clear the good name of the employees. The Mayor asked that citizens get the badge number if it does happen. 570 Page 8 - Council/Agency Minutes - 10/21/96 Councilman Garofalo requested the City Administrator to report on what percentage of the budget of coastal cities is designated for police protection. The City Clerk responded to Councilman Harman's question regarding whether identification must be placed on the large campaign signs posted in the city. She stated that such regulation applies to mass mailing or mass distribution of 200 or more pieces. The City Attorney stated that she would report on a possible code situation that might apply. Status On City Recovery From Orange County Bankruptcy Mayor Pro Tempore Bauer stated that he would like to present an update on the bankruptcy. He reported on what he believed to be the obligations of the City Treasurer in the financial matters of the city. He stated that approximately 90% of the funds lost in the bankruptcy have been recovered. He stated that with the continuing efforts of the City Attorney and the City Administrator, the balance will probably be recovered. Mayor Sullivan stated that the bankruptcy was caused by county officials. He related a story relayed to him by former City Treasurer Watson regarding Moody's Investors Service recommendation one month prior to the bankruptcy that Anaheim put their funds with the county for safety. He stated that even the experts were fooled. City Administrator's Report Fire Department Status Report On Fires In Cities Of Malibu, Tustin And Orange At the request of the City Administrator, Duane Olson, Fire Marshal, presented a status report on the fire in the cities of Malibu, Tustin, and Orange. He reported on the city's involvement in helping these cities pursuant to mutual aid agreements. Consent Calendar - Items Removed At the request of City Councilmembers, the following items were removed from the Consent Calendar for separate discussion: Dock Repair at French Park; Annual Review of Meadowlark Development Agreement; Proposed Mobile Home Lease Agreement; NBS/Lowry, Inc., Professional Services Contract; Notice of Completion - Slurry Seal of Various Streets. Consent Calendar - Items Approved On motion by Green, second Bauer, 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 571 10/21/96 - City Council/Redevelopment Agency Minutes - Page 9 (City Council/Redevelopment Agency) Minutes - Approved And Adopted - Approved and adopted minutes of the Council/Agency regular meetings of August 5, 1996 and August 19, 1996 as written and on file in the Office of the City Clerk. (City Council) Approval Of Appointment To Board Of Directors, Public Facilities Corporation - Patricia Cohen - To Fill Unexpired Term of Floyd Belsito - Approved (110.20) - Approved the appointment of Patricia Cohen to the Public Facilities Corporation Board of Directors to fill the vacancy created by the resignation of Floyd Belsito for a term to expire July 30, 1998. (City Council) Approval Of Mobile Home Advisory Board Appointment - Craig Houser - To Fill Unexpired Term Of Eugene Pica - Approved (110.20) - Approved the appointment of Craig Houser as a permanent member to the Mobile Home Advisory Board to fill the remainder of Eugene Pica's term which expires August 5, 1999. (City Council) Resolution No. 96-95 - Adopted - Request For Name Change Of Streets --Bel Aire Lane And Edwards Street (From Garfield Avenue To Summit Drive) To Peninsula Lane (800.70) - Adopted Resolution No. 96-95 - "A Resolution Of The City Council Of The City Of Huntington Beach Providing For The Change Of The Streets Named Bel Aire Lane And Edwards Street (from Garfield Avenue to Summit Drive) To Peninsula Lane." (City Council) Agreement - Employment Systems, Inc. - For Provision Of Ambulance Operator/Fire Intern Personnel -Approved (600.10) -Approved and authorized the Mayor and City Clerk to execute an Agreement between the city and Employment Systems, Inc. to supply personnel to the city in an amount not to exceed $525,000 to provide ambulance operator/fire intern personnel to the city. (City Council) Resolution No. 96-96 - Adopted - Plans And Specifications - Talbert Channel Cathodic Protection System - From Banning To Hamilton Avenues - OCEMA & OCFCD (600.25) - Adopted Resolution No. 96-96 - "A Resolution Of The City Council Of The City Of Huntington Beach Approving Plans And Specifications For The Construction Of The Talbert Channel Cathodic Protection System From Banning Avenue To Hamilton Avenue By The Orange County Environmental Management Agency And Funded By The Orange County Flood Control District. " (City Council) Resolution No. 96-97 - Adopted - Status Of Circulation Element For Huntington Beach - Adherence To Orange County Combined Transportation Funding Program (OCCTFP) (800.45) - Adopted Resolution No. 96-97 - "A Resolution Of The City Council Of The City Of Huntington Beach Concerning The Status Of The Circulation Element For The City Of Huntington Beach." (Required to remain eligible for Measure M funds and County Arterial Highway Funding Program). 572 Page 10 - Council/Agency Minutes - 10/21/96 (City Council) Release Of Securities - Tract No. 14177 - Summerhill Constantine, Inc - s/s Constantine Drive. e/o Beach Boulevard - Approved (420.60) - 1. Released the applicable bonds posted for faithful performance, labor and material and monuments; and 2. instructed the City Clerk to notify the developer, Summerhill Constantine, Inc. of this action and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. (City Council) Notice Of Completion - Warner Avenue Relief Drain And Michael Drive Storm Drain Systems - CC-897 And CC-1015 - Approved (600.60) - Accepted the improvements of the Warner Avenue Relief Drain and Michael Drive Storm Drain Systems at a final cost of $253,685 and authorized the City Clerk to file a Notice of Completion with the Orange County Recorder. (City Council) Release Of Securities - City Acceptance Of Tract No. 13625 - Ocean Point Partners - Bounded By Goldenwest Street/Palm Avenue/22nd StreetlWalnut Avenue - Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 13625; 2. released the applicable bonds posted for faithful performance, labor and material and monuments; 3. accepted Guarantee and Warranty Bond No. 11132826550, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. instructed the City Clerk to notify the developer, Ocean Point Partners, of this action and the City Treasurer to notify the bonding company, the American Insurance Company, of this action. (City Council) Resolution No. 96-98 - Adopted - Plans And Specifications - Flood Control Improvements To The Talbert Channel From Hamilton Avenue To Atlanta Avenue - OCEMA (600.25) - Adopted Resolution No. 96-98 - "A Resolution Of The City Council Of The City Of Huntington Beach Approving Plans And Specifications For The Construction Of Improvements To The Talbert Channel From Hamilton Avenue To Atlanta Avenue By The Orange County Environmental Management Agency And Funded By The Orange County Flood Control District. " (Redevelopment Agency) Agency Resolution No. 278 - Adopted - Submittal Of A Report And Proposed Redevelopment Plan Prior To Proposed Amendment/Merger (400.20) - Adopted Redevelopment Agency Resolution No. 278 - "A Resolution Of The Redevelopment Agency Of The City Of Huntington Beach Approving Its Report To The City Council For The Huntington Beach Redevelopment Project And Authorizing Transmittal Of The Report And The Proposed Redevelopment Plan To The City Council." (City Council) Dock Repair At French Park In Huntington Harbour - Amendment To General Fund Budget - Approved (320.20) The City Council considered a communication from the Public Works Department regarding the need to amend the budget to contract with a dock repair company to repair the damaged dock at French Park in Huntington Harbour. 573 10/21/96 - City Council/Redevelopment Agency Minutes - Page 11 Councilwoman Dettloff questioned what noncompliance with the California Coastal Commission would mean to the city if the docks are not repaired. The Community Services Director reported on the reasons for the dock, and the Community Development Director reported that the Coastal Development Permit required a public dock. The Community Development Director also reported on this issue. A motion was made by Dettloff, second Green, to approve an Amendment to the Fiscal Year 1996/97 General Fund Budget for Program No. E-AA-CS-343-3-90-00 in the amount of $8,000 to contract with a dock repair company to repair the damaged dock at French Park in Huntington Harbour. The motion carried by unanimous roll call vote. (City Council) Approval Of Proposed Lease Agreement For Prospective Purchaser Of Mobile Home At Ocean View Estates - Scheck - Approved (600.10) The City Council considered a communication from the Administrative Services Department recommending approval of an agreement between the city and Joseph Scheck relative to a mobile home at Ocean View Estates. At the request of Councilman Garofalo, the Administrative Services Director reported on the provisions of the lease agreement. Councilman Garofalo stated that he would like to have a tour of the site and see a plan developed on how to market the coaches. On motion by Garofalo, second Harman, Council approved and authorized execution of an Agreement Between The City And Joseph Scheck For Occupancy Of Space In Ocean View Estates Mobile Home Park. The motion carried by unanimous vote. (City Council) Annual Review Of Development Agreement No. 88-1 - Between City And Dick Nerio et al - (Former Meadowlark Airport Sited - Approved (600.10) The City Council considered the acceptance of the Annual Monitoring Report for Development Agreement No. 88-1 between the city and Dick Nerio, et al (former Meadowlark Airport Site). The annual review is required pursuant to Section 6.1 of the Development Agreement. Councilman Harman questioned the Community Development Director regarding the public improvements which the developer is required to make and asked if the developer is in compliance. The Community Development Director stated that the residential portion has not been done. The Community Development Director reported on the steps that the developer would have to take if the agreement expires. On motion by Harman, second Green, Council accepted the Annual Monitoring Report and found that the developer has complied in good faith with Development Agreement No. 88-1. The motion carried by unanimous vote. 574 Page 12 - Council/Agency Minutes - 10/21/96 (City Council) Amendment To Professional Services Contract - NBS/Lowry, Inc - For Engineering Development Processing Engineering Project Delivery, Project Facilitation, Environmental Document Review And Construction Inspection Services - Approved (600.10) The City Council considered a communication from the Public Works Department recommending approval of a Professional Services Contract with NBS/Lowry, Inc. for various services to the Public Works Department. At Councilman Harman's request, the Public Works Director reported on the methods and time line for payment of fees. Councilman Harman commended the Public Works Director for his efforts and stated that he believes this shows the city is business friendly. A motion was made by Harman, second Green, to approve and authorize execution of the amended contract with NBS/Lowry, Inc. to provide the city with development processing, engineering project delivery facilitation, environmental document review, and construction inspection services for proposed private and public facilities on a time and material basis for a cost not to exceed $694,500. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Notice Of Completion - Slurry Seal Of Various Streets - MSC-383 - Pavement Coatings Company - Approved - Report Regarding Competition Between Private Contractors And City To Be Made (600.90) The City Council considered a communication from the Public Works Department recommending that a Notice of Completion be filed relative to Project No. MSC-383 - Slurry Seal of Various Streets. Councilman Harman questioned the results of the competition between private contractors and the city on slurry sealing, and the Public Works Director stated that a report will be made in the near future. Councilman Harman stated that he would like to see the street slurry sealing doubled or tripled and urged the City Administrator to try to increase the program. A motion was made by Harman, second Garofalo, to accept the work completed by Pavement Coatings Company on the Slurry Seal of Various Local Streets at a final cost of $160,418.25 and to instruct the City Clerk to file the Notice of Completion with the Orange County Recorder. Councilman Garofalo asked if the Public Works Director had visited the sites of streets in need of repair referred to by the public at the last meeting. The Public Works Director stated that he had. He reported that by the end of the next fiscal year, all of the streets will be done. Discussion was held regarding the fact that the streets were constructed as private streets and not built to city standards. In response to Councilman Garofalo, the Public Works Director stated that when new subdivisions go in that have private streets, the streets will be built to city standards. The motion made by Harman, second Garofalo, carried by unanimous vote. 575 10/21/96 - City Council/Redevelopment Agency Minutes - Page 13 Recess- Reconvene The Mayor called a recess of the City Council and the Redevelopment Agency at 9:30 p.m. The Mayor reconvened the meeting at 9:40 p.m. (City Council) City Council Committee Report On Gun Range - Recommended Action - Approved As Amended (600.10) The City Council considered a communication from the City Council Committee on the Gun Range transmitting the Gun Range Status Report, prepared for the City Council, dated October 21, 1996. Ron Hagan, Community Services Director, presented an extensive staff report and a history of the gun range. He referred to a wall photograph of the site and surrounding uses. He reported on the consultant's study and proposed plans for the gun range. Community Services Director Hagan informed Council that input had come from many sources. He referred to wall displays and a display of the Master Plan. Councilman Garofalo stated the importance of looking at all sources of income and to have a proforma. Discussion was held regarding the need for recreational use to be at the gun range site due to the deed requirements. Councilman Green questioned how the Golden West College Criminal Justice Education Program would work relative to gun range use. The Community Services Director stated that the gun range would be open to the public through the various education programs at Golden West College. A motion was made by Dettloff, second Leipzig, to: 1. Approve the following prioritized goals for providing a gun range as submitted by the Committee on the Gun Range: a. Training and qualifying of Huntington Beach police officers b. Golden West Criminal Justice Education Program c. Public shooting d. Training and qualifying of regional law enforcement and private security agencies, and 2. Direct the Council Committee on the Gun Range to continue its research and return to Council within 120 days with recommendations on how to accomplish one or all of the above goals; and 3. Direct the Council Committee on the Gun Range to include in its research all financial data required to evaluate the foregoing prioritized goals and submit a proforma of the alternate plans. The motion carried unanimously. 576 Page 14 - Council/Agency Minutes - 10/21/96 (City Council) Pier Plaza Project - CC-1029 - All Bids Rejected- Request For Permission To Re -Advertise - Approved (600.80) The City Council considered a communication from the Public Works Director and the Community Services Director regarding bids received for the Pier Plaza Project. Ron Hagan, Community Services Director, reported on the reasons why the re -bidding is necessary. Discussion was held and the Community Services Director clarified several aspects of the matter, including the bid process and time lines. A motion was made by Bauer, second Green, to 1. Reject all five bids submitted for the construction of the Pier Plaza Improvements; CC-1029, and direct the City Clerk to return all bid bonds; and 2. authorize the Public Works Director to re -advertise for bids with a refined bid package, including a 180 working day project schedule for the construction of the Pier Plaza project. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: None ABSENT: (Garofalo - absent from room) (City Council) City Treasurer Summary Of Investment Portfolio Activity For August, 1996 - Accepted (310.20) The City Council considered a communication from the City Treasurer transmitting the August, 1996 Investment Summary Review. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: City Treasurer's Slide Report dated October 21, 1996 The City Treasurer presented a slide report. Councilman Harman complimented the City Treasurer on the fine job she is doing, including her diversification of the city's portfolio, the good format of her report, and the other good changes she is making in the City Treasurer's Office. Mayor Sullivan stated that he would like to get an awareness as to the month to month comparison of investment maturity. On motion by Dettloff, second Green, Council accepted the Monthly Investment Report for August, 1996, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried unanimously. 577 10/21/96 - City Council/Redevelopment Agency Minutes - Page 15 (City Council) Intended Use Of AB 939 - Citizen Options For Public Safety (COPS) Program - Purchase Of Electronic Data Entry Equipment - Continued to November 4. 1996 (340.80) The City Council determined that as the communication from the Police Chief had been inadvertently omitted from the Council agenda packet, Council would not, at this meeting, take action regarding Intended Use of AB 3229 (COPS) Funding provided by the State COPS program in the amount of $435,561.67. Police Chief Lowenberg presented a report on the purpose of the program and the expected benefits to the city. Mayor Sullivan stated the reasons he opposed the membership makeup of the countywide oversight committee. Discussion was held regarding the feasibility of using these monies to fund police officer positions as each year the city would have to appropriate this money. By Council consensus, the Agenda Item regarding the Intended Use of AB 939 - Citizen Options For Public Safety (COPS) Program - was deferred to the November 4, 1996 Council meeting. (City Council) Ordinance No. 3338 - Adopted - Zone Change No. 96-2 - McDonald's Restaurant -Northwest Corner -Warner Avenue And Airport Circle (640.10) The City Council considered Ordinance No. 3338 - "An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Zoning And Subdivision Ordinance By Amending District Map No. 24 (Sectional District Map No. 21-5-11) To Rezone The Real Property Generally Located At The Northwest Corner Of Warner Avenue And Airport Circle From CO (Office Commercial) To CG (General Commercial) (Zoning Map Amendment No. 96-2)." After a reading by title, on motion by Green, second Garofalo, Ordinance No. 3338 was adopted by the following roll call vote: AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: (Harman - out of the room) (City Council) Emergency Ordinance No. 3341 - Regulations For Adult Businesses - Adopted -Effective Immediately (640.10) The City Council considered Emergency Ordinance No. 3341 for adoption - "An Emergency Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Municipal Code And The Huntington Beach Zoning And Subdivision Ordinance To Provide Regulations For Adult Businesses. " 578 Page 16 - Council/Agency Minutes - 10/21/96 After a reading by title, on motion by Harman, second Green, Ordinance No. 3341 was adopted and immediately became effective by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Ordinance No. 3336 - Time Limits For Parking Of Oversize Vehicles On Arterial Streets - (Continued From October 7, 1996) - Introduction Approved (640.10) Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Request for Council Action from the Chief of Police, dated October 7, 1996, regarding Ordinance No. 3336 and 3337, Oversize Arterial Parking Ordinance Revisions The City Council considered Ordinance No. 3336 for introduction - "An Ordinance Of The City Of Huntington Beach Amending Chapter 10.44 Of The Huntington Beach Municipal Code Titled Parking --Time Limits Of Oversize Vehicles." The Police Chief, in response to Councilman Harman, stated that he had met with Mr. Hicks, the person who at the last Council meeting had expressed concern regarding this ordinance. The Police Chief referred Council to a matrix and stated that an eight (8) hour period has been given for loading and unloading on arterial highways. Mayor Sullivan stated that he had seen a big semi truck at Huntington Harbour near Trinidad Island. The Police Chief stated that unfortunately that area is regulated by the county. The Police Chief responded to the Mayor's question as to whether money could be made by the city having a location at which to park the vehicles. (City Council) Continued From October 7. 1996 - Ordinance No. 3337 - Oversized Vehicles Parking On Arterial Streets - Measurement Definition - Introduction Approved (640.10) The City Council considered Ordinance No. 3337 - "An Ordinance Of The City Of Huntington Beach Amending Chapter 10.08 Of The Huntington Beach Municipal Code Titled Enforcement -- Oversized Vehicles." After a reading by title, on motion by Harman, second Dettloff, Ordinance No. 3337 was adopted by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 579 10/21/96 - City Council/Redevelopment Agency Minutes - Page 17 (City Council) Ordinance No. 3339 - Parking Meter Fees Rates And Time Limits - Introduction Approved (640.10) The City Council considered Ordinance No. 3339 - "An Ordinance Of The City Of Huntington Beach Amending Chapter 10.64 Of The Huntington Beach Municipal Code. " After reading by title, on motion by Harman, second Leipzig, Ordinance No. 3339 was introduced by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Public Vote On Police Gun Range Contract Termination - Approved - Issuance Of City Attorney Report Dated October 17, 1996, Mayor To Sign Notice Of Termination Effective January 4, 1997 - Staff To Return To Council With Options Prior To Termination Date (600.10) The City Council considered a communication from Councilman Bauer regarding the Council vote in closed session on October 7, 1996 to terminate the Lease Agreement between the city and the Police Officers' Association for the property known as the Central Park Gun Range. Councilman Bauer spoke regarding the reasons why he had placed this item on the agenda. He stated that on the advice of the City Attorney, the action to terminate the Police Gun Range Lease had been taken in closed session. The City Attorney read a statement from her communication to the City Council dated October 17, 1996, Subject: Suggested Language For Report of Action Taken Pursuant to Government Code Section 5495 7. 1 - October 21, 1996, City Council Meeting, Agenda Item F-1, as follows: Although not required by the Brown Act, Government Code Section 54957.1, (a)1 and (d) et seq., in the interest of public disclosure, the Council hereby reports that at the October 7, 1996 meeting, lawfully posted and announced closed session for lease negotiations with the Huntington Beach Police Officers' Association (H.B.P.O.A.) held under the provision of Government Code Section 54956.8, the City Council determined to terminate further negotiations for a renewal of the lease of the H.B.P.O.A. gun range and authorized that a timely, 60 day notice of termination be sent to the lessee, H.B.P.O.A., by November 4, 1996, to be effective January 4, 1997, pursuant to the terms of the lease. (Vote 6-1, Garofalo No). A motion was made by Bauer, second Harman, to approve the language set forth in the aforementioned City Attorney communication to the City Council dated October 7, 1996 and reaffirm the closed session decision Council made on October 7, 1996 regarding the termination of the gun range lease with the Huntington Beach Police Officers' Association (H.B.P.O.A.) as follows: 1. Approve the issuance of the report (Attachment A dated 10/17/96 to City Council from the City Attorney, Subject: "Suggested Language for Report of Action Taken Pursuant to Government Code Section 54957.1 October 21, 1996, City Council Meeting, Agenda Item F-1 " reporting the action taken at the October 7, 1996 closed session of the City Council. Page 18 - Council/Agency Minutes - 10/21/96 2. By a new vote, Council can reaffirm its decision to terminate the lease agreement with the H.B.P.O.A. for the operation of the Huntington Central Park Gun Range. The basis of the City Council decision is set forth in the memorandum from the City Administrator to the City Council dated February 23, 1996 (Attachment B). 3. Authorize the Mayor to sign a Notice of Termination to be sent before November 4, 1996 to be effective January 4, 1997 pursuant to the terms of the lease. 4. Direct staff to return to Council prior to.January 4, 1997 with options for either an interim operation of the existing gun range on a month to month basis or closure of the range until such time as the Council's Gun Range Committee can present its final recommendations on the long term solutions to noise, safety, and environmental mitigation of the gun range facility. Councilman Green stated that the Council does follow the Government Code and cited other instances in which the city has terminated leases in closed session. He stated that due to the lawsuit threatened by the California Community News, he believes the Council should take this vote in open session. Councilwoman Dettloff spoke at length regarding the negotiations on the gun range lease and related issues. She stressed that citizen safety was the highest priority and that safety results from thorough training of police officers. Councilman Garofalo spoke regarding his recommendation that in terminating the lease, it be allowed to remain open on a month to month basis. He stated the need for a supplemental plan to replace the range. The City Attorney read the portion of the Brown Act which she believes substantiates that there was not a need to report in open session. Councilman Green asked the Community Services Director whether Golden West College -was prepared to operate the range on a month to month basis. The Community Services Director reported that they are willing to do this. He reported further on the matter. The Police Chief, in response to Councilman Green, stated that the Police Department could probably, for a short time, handle it on a month to month basis. The motion made by Bauer, second Harman, carried by the following roll call vote: AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Harman ABSENT: None 581 10/21/96 - City Council/Redevelopment Agency Minutes - Page 19 (City Council) Staff Report Requested Regarding Proposed Gas Station To Be Located At Pacific Coast Highway And Goldenwest Street (120.90) Councilman Leipzig requested a staff report regarding the subject of a gas station going in at Pacific Coast Highway and Goldenwest Street. Councilwoman Dettloff reported that there was a proposal for a gas station that will be going through the process. She stated that this is a very complex area because of the size of the area and ownership. 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 to Monday, November 4, 1996 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk City Kirk 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 582