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HomeMy WebLinkAbout1997-02-03MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, February 3, 1997 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 Bauer 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, Dettloff, Bauer, Sullivan, Green, (Julien arrived at 5:15 p.m.) Absent: Garofalo (City Council) Introduction Of Consultants - For Preparation Of Environmental Impact Report - Huntinaton Central Park Master Plan (600.10) The Community Services Director introduced the consulting team working under the Nuvis Architecture and Planning firm for preparation of the Huntington Central Park Specific Plan and Environmental Impact Report as follows: John McNamara, Project Manager, CH2MHILL, Inc. Bob Tincher, Project Manager, IWA Engineers Marie Campbell, Principal, Sapphos Environmental Bob Cardoza, Principal, Nuvis, Inc. Tomas Munoz, Project Manager, Nuvis, Inc. Jim Engle, Deputy Director, Community Services Department, Project Manager and Liaison The following communications regarding this Agenda Item had been distributed to Council: Communication from Nuvis Landscape Architecture and Planning titled Master Plan of Recreation Uses - Central Park and Central Park Master Plan - Youth Sports Facilities 735 Page 2 - CounciUAgency Minutes - 02/03197 Communication from Nuvis Landscape Architecture and Planning titled Central Park Master Environmental Impact Report Conceptual Schedule - Task Breakdown Tomas Munoz, Nuvis Project Manager, and Marie Campbell, Sapphos Environmental representative, presented a report using slides regarding preparation of the Huntington Central Park Master Plan of Recreation Uses Environmental Impact Report, including the objectives, process, and a task breakdown of the project. The Community Services Director reported regarding the proposed youth sports complex. In response to Councilmember Harman, the Community Services Director reported that the Environmental Impact Report will be prepared without inclusion of the gun range; however, the project could be amended when a determination is made regarding the status of the gun range. In response to Councilmember Sullivan, the Community Services Director stated that Jim Engle, Staff Project Manager, would meet with Councilmembers that were not on the Council when the Huntington Central Park Master Plan was adopted in 1994 to clarify any questions or concerns. Motion To Recess To Closed Session - Item Removed From Agenda By Council Consensus - 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) By Council consensus, the following Closed Session item was removed from the Agenda: 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. Motion To Recess To Closed Session - Approved (120.80) A motion was made by Sullivan, second Harman, to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote with Councilmember Garofalo absent. 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 McNutt vs. City of Huntington Beach - Orange County Superior Court Case No. 74 44 28. Subject: McNutt vs. City of Huntington Beach. 736 02/03/97 - City Council/Redevelopment Agency Minutes - Page 3 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 Brandenberg vs. City of Huntington Beach - U. S. District Court Case No. SA CV 91-406 (AHS (Rwrx). Subject: Brandenberg vs. City. Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its special counsel 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 or 2. Subject: Challenge to Personnel Commission Decision in Municipal Employees Association/Management Employees Organization (MEA/MEO) vs. City of Huntington Beach. 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 Huntington Beach Firefighters Assn. vs. City of Huntington Beach - Orange County Superior Court Case No. 75 99 49. Subject: Huntington Beach Firefighters Assn. vs. City of Huntington Beach. 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 vs. City of Huntington Beach - Orange County Superior Court Case No. 72 20 07. Subject: Reith Schoap vs. City of Huntington Beach. Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency. (City Council Public Report Of Action Taken In Closed Session On January 27 1997 Pursuant To Government Code Section 54957.1(a) 2 (120.80) Mayor Bauer read the following statement: The City Council reports that on January 27, 1997 in closed session by a 5-1 vote (Julien abstain, Garofalo absent) approval was given to the City Attorney to initiate an action for unlawful detainer. Other particulars, once formally commenced, be disclosed to any person upon inquiry unless to do so would jeopardize the city's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize the agency's ability to conclude existing settlement negotiations to its advantage. Subject: H.B.P.O.A. Lease of Gun Range. City Council/Redevelopment Agency Roll Call Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green Absent: Garofalo 737 Page 4 - Council/Agency Minutes - 02/03/97 Flag Ceremony And Pledge Of Alle iance - Brownie Girl Scout Troop No. 680 from St. Bonaventure Catholic School Presentation - To Mayor Bauer from Library Services Director Ron Hayden of a check in the amount of $50,000 from Ethel Watts, President, Friends of the Library, for the Huntington Beach Public Library System. (160.40) . Mrs. Watts spoke regarding the history of the Friends of the Library (FOIL) and its contributions to the Central Library and library annexes. Olga Wrobel, FOTL member, spoke regarding the activities of the library gift shop which is operated by FOTL. Gwyn Doble spoke regarding the used books sales conducted by FOTL. Bob Harvey presented the check in the amount of $50,000 to Mayor Bauer. Presentation - From Mayor Bauer to Huntington Beach Public Works Department employees Terry Tintle and Alden Dias for rendering assistance to John Donnelly, a Huntington Beach crossing guard, who was experiencing cardiac difficulty while on duty. (160.40) Les Jones, Public Works Director, spoke regarding the circumstances under which the assistance to Mr. Donnelly was rendered by Terry Tintle and Alden Dias. John Donnelly was present at the Council meeting and expressed his appreciation to City Employees Tintle and Dias. Presentation - To Mayor Bauer and City Council showing of the Health and Safety Video "I'm Proud Of Where I Live," directed by HBTV-3, produced by the Community Development and Economic Development Departments with Community Development Block Grant funds. (160.40) Late Communications Announced By The Deputy City Clerk Pursuant to the Brown Act, Deputy City Clerk Maybrice Henry announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda: Communication from Councilmember Garofalo dated February 3, 1997, Subject: Illness Communication from Nuvis Landscape Architecture and Planning titled Master Plan of Recreation Uses - Central Park and Central Park Master Plan - Youth Sports Facilities Communication from Nuvis Landscape Architecture and Planning titled Central Park Master Environmental Impact Report Conceptual Schedule - Task Breakdown Slide Report from the Administrative Services Director dated February 3, 1997 titled City Administrator's Report - Quarterly Budget Report - First Quarter 1996197 738 02103/97 - City Council/Redevelopment Agency Minutes - Page 5 Late communication from Bob Biddle, Huntington Beach Tomorrow President, dated February 3, 1997 regarding services for Koli's Bolsa Chica development project and a legal opinion by City Attorney Gail Hutton concerning this matter Late communication from Nancy Donaven, Balsa Chica Land Trust President, dated February 3, 1997 regarding a protest of a Request for Council Action which requests the right to hold a closed meeting on February 10, 1997 regarding Koll Real Estate Group's water _ negotiations Late communication from Juana R. Mueller dated February 3, 1997 regarding open sessions and closed sessions on important city business Revised Request For Council Action from the Assistant City Administrator dated February 3, 1997: Revision on Page No. 1 as follows: "(2) Also, that the issue of acquiring real property for a reservoir and water system site be discussed in Closed Session on Monday, February 10, 1997, at an adjourned Council meeting." Slide report from the Assistant City Administrator dated February 3, 1997 entitled Proposed Process for Negotiations on Service Delivery Issues - Bolsa Chica Project Memorandum from the City Attorney dated January 30, 1997, Subject: Brown Act (Gov. Code § 54958.8) Issues Regarding Jan. 13, 1997 Closed Session Regarding Acquisition of Property from Koll Co. For Reservoir- RLS# 97-024 Slide report from the City Treasurer dated February 3, 1997 entitled Treasurer`s Report Public Comments Pete Snetsinger informed Council that 44 students from Marina High School are participating in the "We The People" Program. He informed Council that these students will be going to Sacramento to represent the city in the state championships regarding constitutional knowledge. Mr. Snetsinger stated that if the students win, they will be traveling to Washington, D.C. He requested that anyone in the community interested in contributing sponsorship to these students contact him at 893-5571. Tom Logan, Citizens Bureau of Investigation member, read portions of Open and Public Il - User's Guide to the Ralph M. Brown Act which he had obtained from the City Clerk's Office. He commented on the portions which he believes pertains to the closed session held by Council on January 13, 1997. He stated that he believes the City Council needs to set a written policy regarding its conduct of closed sessions. Ed Carburv, outgoing president of the National Rifle Association - Huntington Beach Members' Council, presented a copy of Guns, Crime, and Freedom. He stated that he believes Council would find it good reading and will let Council know where their group is coming from. He spoke regarding the Toys For Tots charity event conducted by their group which was recently held out of town. He stated that this event could have been held in Huntington Beach had there been a gun range facility available. 739 Page 6 - Council/Agency Minutes - 02/03/97 John Lynch, president of the National Rifle Association - Huntington Beach Members' Council, stated his desire to worts with the Council to create a destination -type shooting range in the city. Bob Winchell, Huntington Beach Tomorrow Board of Directors member, requested that the City Council conduct in open City Council sessions all considerations having to do with resources, facilities, and services --not just water --which might be used to support the Koll. Real Estate Group's Bolsa Chica development project. He requested that Council conduct the public's business in public and trust the members of the public to know what is best for them. He also requested that the City Council interpret the Brown Act in the narrowest possible sense and implement the Public Records Act in the broadest possible way. Mark Porter, past president of Huntington Beach Tomorrow, stated at one time there was a City Council Balsa Chica Subcommittee that met when the county was involved, but that it no longer meets. He stated that any money paid by the taxpayers for documents means that these documents belong to the public. Mr. Porter informed Council that the citizens are demanding that the City Council follow the law and do the right thing. Eileen Murphy read the insert in the city water bill informing of a new rate and which contained additional information regarding Proposition 218 recently enacted by the voters. She requested that the issues regarding Proposition 218 be resolved before entering into any agreement with the Koll Real Estate Group. Colleen Campbell, past mayor and current City Councilmember in the city of San, luan Capistrano and State Coastal Commissioner, addressed Council and stated that she was speaking as a private citizen. Mrs. Campbell stated that her only son, brother, and sister-in-law were murdered. She stated the reasons why she believed the "no tolerance" stand by the Police Chief works and requested that the Police Chief and police officers get the full support they deserve and have earned. She stated that Police Chief Lowenberg's fine reputation is known statewide. Debbie Cook, representing Huntington Beach Tomorrow and the Bolsa Chica Land Trust, informed Council that she has read the City Attorney's opinion regarding the closed session on the Boyle Engineering report held January 13, 1997. She stated the reasons why the closed session planned for February 10, 1997 should not be held. She informed Council that the street address for the parcel number should be made a part of the City Council agenda and that the January 13, 1997 agenda did not include this information. Ms. Cools gave reasons why this should be done. Ms. Cook requested that the feasibility study be made immediately available to the public for copying as well as the other materials involved. Topper Horack stated that he had written a letter regarding the need for improving the notification process as to the closure for repairs of Edwards (Hill) Street. He spoke regarding the need for the city to place appropriate signage to show that the Edwards (Hill) Street is closed. Mr. Horack's letter dated January 30, 1997 had been provided to Council. Mr. Horack stated his agreement with Bob Winchell, Debbie Cook, and Mark Porter regarding their comments relative to the closed session held on January 13, 1997. He spoke regarding the infrastructure required by the Koll project and the city's liability in this regard. 740 02/03/97 - City Council/Redevelopment Agency Minutes - Page 7 Rick Redfern informed the City Council that the Marina High School students are representing every congressional district in Southern California relative to the "We The People" Program. He explained the "We The People" Program and the achievements made by the Marina High School students. Mr. Redfern spoke regarding the support given to the teams in other communities in the nation and the need for support for the Marina High School students. (City Council/Redevelopment Agency) Quarterly Budget Report - 1996197 (310.20) The City Council considered a transmittal from the City Administrator dated February 3, 1997 entitled Quarterly Budget Report - 1996197. Earlier in the meeting, Deputy City Clerk Maybrice Henry had announced that the following communication on this item had been provided to the City Council: Slide Report from the Administrative Services Director dated February 3, 1997 titled City Administrator's Report - Quarterly Budget Report - First Quarter 1996197 The City Administrator presented a.slide report on the quarterly budget. The City Administrator reported on Proposition 218 stating the city's options are being analyzed. The City Administrator responded to questions from Council regarding the overtimry budget being over the budgeted amount. He stated that the overage is primarily in the Police Department. The City Administrator informed Council of the reasons why the Police Department will probably be within its budget by October 1, 1997. He spoke regarding the decision made at the last Council meeting regarding the payment of overtime for the Police Department rather than compensatory time. Councilmember Green asked if there will be a study session on Proposition 218. The City Administrator stated that a workshop on the budget and Proposition 218 would be held. Discussion was held regarding the city's need for guidance from the state relative to Proposition 218 and the fact that if Proposition 218 is litigated, information will be derived. The Police Chief clarified the matter of overtime costs, stating that the cost is less than last year but is still something that needs to be dealt with. Councilmember Julien asked how much Police Department overtime would be increased as a result of the city's action at the Council meeting of January 21, 1997. The City Administrator stated that this would depend on the pattern of behavior of use. The Police Chief reported on staffing, including the fact that when officers are in court or a dispatcher is ill, staff must be called in to cover these absences. He informed Council that this differs from other departments which can function at times without full manpower. 741 Page S - Council/Agency Minutes - 02/03/97 Consent Calendar - Items Removed The following item was requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Transfer of Public Employees Retirement System (PERS) Refund (City Council/Redevelopment Agency) Abstention Recorded On Minutes Of January 21, 1997 (120.65) Councilmember Green requested that an abstention be recorded on the vote taken on the January 21, 1997 City Council/Redevelopment Agency meeting minutes as he had not been present at the Council meeting. Consent Calendar - Items Approved On motion by Harman, second Green, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green NOES: None ABSENT: Garofalo (City Council/Redevelopment A enc Minutes - Approved And Adopled (120.65) - Approved and adopted amended Page No. 20 of the regular City Council and Redevelopment Agency meeting of January 6, 1997, adjourned regular meeting of January 13, 1997, regular meeting of January 21, 1997, and adjourned regular meeting of January 27, 1997 as written and on file in the Office of the City Clerk. Councilmember Green requested that the Deputy City Clerk record his abstention on approval of the January 21, 1997 City Council/Redevelopment Agency meeting minutes. (City Council) Bid Award - Traffic Signal Modifications - Intersections Of Goldenwest Street At Heil Avenue And Newland Street At Adams Avenue - CC-1035 - C. T. & F. Inc. - Approved (600.55) - 1. Accepted the lowest bid submitted by C. T. & F., Incorporated for Traffic Signal Modifications at the intersections of Goldenwest Street at Heil Avenue and Newland Street at Adams Avenue; 2. approved and authorized execution by the Mayor and City Clerk of the construction contract between the City of Huntington Beach and C. T. & F., Incorporated in the amount of $77,955 for said Traffic Signal Modifications; and 3. authorized the Public Works Director to expend a total of $135,750 which includes the contract cost of $77,955, estimated construction change orders of $7,795, and $50,000 in anticipated supplemental expenditures. 742 02/03197 - City Council/Redevelopment Agency Minutes - Page 9 (City Council) In -Lieu Sewer Fee Reimbursement Agreement Return - Leonard O. Lind born -Location. 234, 23fi, 238, And 240 Second Street -Approved (600.10) - Approved and authorized execution by the Mayor and City Clerk of Reimbursement Agreement Between The City of Huntington Beach and Leonard O. Lindborg in the amount of $4,750. (Builder, as a condition to being allowed to connect to a deteriorating 10 inch sewer, paid a $9,500 in -lieu fee equivalent to the cost of slip lining portion of a sewer.) (City Council) Notice Of Completion - Warner Avenue Street Improvements - Between Beach Boulevard And "B" Street - GMC Enterprises - CC-1037 - Approved (600.50) - Accepted the improvements of Warner Avenue Reconstruction, CC-1037, completed by GMC Enterprises and authorized the City Clerk to file the Notice of Completion with the County Recorder's Office and approved the total construction cost of $56,587.07. (City Council) Professional Services Contract - IWA Engineers - Beach Boulevard Water Main Crossings, PN. 17044 - Preparation Of Plans, Specifications And Design - Approved (600.10) - 1. Approved the selection of IWA Engineers for the preparation of the plans, specifications, and estimates for the design of three water main crossings of Beach Boulevard for $54,840; 2. authorized the Public Works Director to expend a total of $65,000 to cover the contract amount of $54,840, estimated change orders of $5,500, and supplemental expenditures of $4,660; and 3. authorized the Mayor and City Clerk to execute the Professional Services Contract Between City And IWA Engineers for a fee of $54,840 for the Beach Boulevard Waterline Crossings, PN. 17044. (City Council) Resirtnation - Member Of Arts Funding Ad Hoc Committee And Allied Arts Board - Friesen - Approved (110.20) - Accepted the resignation of Anna Friesen from the Arts Funding Ad Hoc Committee and the Allied Arts Board and directed the City Clerk to post the vacancy pursuant to the Maddy Act. (City Council) Resolution No. 97-8 - Adopted - Approval Of Ownership Transfer And Amendment Of Bond Documents - Rivermeadows Apartments (330.30) - Adopted Resolution No. 97-8 - "A Resolution Of The City Council Of The City Of Huntington Beach Approving A First Supplemental Indenture Of Trust And A First Amendment To Loan Origination And Servicing Agreement And Authorizing The Execution And Delivery Thereof, And Authorizing And Directing The Execution And Delivery Of Documents And Actions Taken In Connection Therewith, All With Respect To The Rivermeadows Apartments." (A sale of the Rivermeadows Apartments is pending. City's consent to the sale and to the amendment of financing documents is required as project was financed with Housing Revenue Bonds.) 743 Page 10 - Council/Agency Minutes - 02/03/97 (City Council) Municipal Employees' Association (MEA) vs. City Of Huntington Beach In The Matter Of HeavV Equipment Operators - Agreement Between The City And Whitmore Johnson And Bolanos - For Le al Services - Approved (600.10) - Approved the following actions: 1. That the City Council retain the firm of Whitmore, Johnson and Bolanos to represent the city in the last phase of the grievance and authorized the Mayor and City Clerk to sign the Agreement Between The City of Huntington Beach and Whitmore, Johnson and Bolanos, A General Partnership For Legal Services, and 2. approved the Liability Policy 10 day notice cancellation clause and the $25,000 deductible on Professional Services, thereby waiving the 30- day notice. (City Council Notice Of Completion For Resurfacing Of Various Local Streets - MSC-382 - All American Asphalt Company - And Approval Of Additional Expenditures - Approved, (600.50) - 1. Accepted the project completed by All American Asphalt Company for the resurfacing of various local streets for a final cost of $198,259 and authorized the City Clerk to file the Notice of Completion with the County Recorder's Office, and 2. approved an additional expenditure of $10,673 thereby increasing the project budget to $198,259. (City Council Pro'ect Plans And Specifications - For The Newland Enhancement Area Wheel Chair Access Ramp Improvements - CC-1027 - Authorization To Advertise For Bids For Construction Contract - From Talbert Avenue To Marseille Drive And From Beach Boulevard To Newland Street - Approved (600.70) 1. Approved project plans and specifications and authorized the Public Works Director to solicit bids for the Newland Enhancement Area Wheel Chair Access Ramp construction project, CC-1027, and 2. approved the attached sample contract, subject to award of the contract to the lowest responsible/responsive bidder. (A copy of the Plans and Specifications are available for public review in the Office of the City Clerk.) (City__ Council) Purchase Of Reconditioned Microfiche Reader/Printer Machine - For Community Development Department Construction Documents - Approved (320.45) - Appropriated transfer of $13,000 from Account No. G-UU-2-25-55 into Capital Account No. E-AA-CD-234-659 and approved and authorized the purchase of the reconditioned 31VI-630 microfiche reader/printer. (City Council Acceptance Of New Pipeline Easement Through Edison Property - Flounder Pump Station Upgrades - Deed From Southern California Edison Company - For The Flounder Pump Station Expansions - CC-742 - Approved (650.80) - 1. Accepted the Pipeline Easement from Southern California Edison Company (SCE) across property owed in fee by SCE for the purpose of constructing a new storm water outlet pipe to accommodate the Flounder Pump Station upgrades, CC-742; 2. authorized the Mayor and City Clerk to execute the Pipeline Easement Deed (Assessor's Parcel No. 153-381-24); and 3. authorized the Public Works Director to expend $5,500 to cover cost to purchase the Pipeline Easement. 744 02/03/97 - City Council/Redevelopment Agency Minutes - Page 11 (City Council Agreement - General Management/Enciineering And Secretarial Services - West Oran -go County Water Board - Al2proved (600.10) -Authorized the Mayor and City Clerk to execute the Agreement for General Management, Engineering and Secretarial Services between the West Orange County Water Board (WOCWB) and the City of Huntington Beach Public Works Department Water Division. (City Council Warner Avenue Landscaping From Algonquin Street To Edwards Avenue - Approve Plans And Specifications -Authorization To Advertise For Bids - CC-1026 - Approved (600.80) - 1. Approved the project plans and specifications and authorized the Director of Public Works to solicit bids for the Warner Avenue Landscaping Project, from Algonquin to Edwards, CC-1026, and 2. approved the attached sample contract, subject to award of the contract to the lowest responsivelresponsible bidder. (Redevelopment Agency) Professional Services Contract Between Kimbro Consulting And Redevelopment Agency For Waterfront Hilton Property Tax Hearing And Waiver Of Professional Services Contract Insurance Requirements - Approved (600.30) - Approved and authorized execution by the Chairman and Clerk of a Professional Services Contract Between The Redevelopment Agency Of The City Of Huntington Beach And Kimbro Consulting For Waterfront Hilton Property Tax Hearing which waives the professional services contract insurance requirements, as prepared by the City Attorney's Office, in the amount of $13,106.19, to provide technical assistance in the preparation and presentation of valuation data and expert testimony to the County Assessment Appeals Board. (Resultant r avenue to city will be an increase of $193,200.) C1 Y Council Assi nment Of Bus Shelter License Agreements From Patrick Target Media To Eller Media Company And From Shelter Vision To Eller Media Company - Approved (600.10) Approved the following documents: Certificate Of Consent To The Sale Or Transfer Of "License Agreement Between The City Of Huntington Beach And Patrick Target Media To Provide For Transit Advertising Shelters" From Eller Target Media Group L.P. To Eller Media Company and Certificate Of Consent To The Sale Or Transfer Of "License Agreement Between The City Of Huntington Beach And Shelter Vision Media, Include., dba, Shelter Television To Provide For Transit Advertising Shelters" From Shelter Vision Media Media, Inc., To Eller Media Company. (City Council Transfer Of Public Employees Retirement System PERS Refund To Retirement Supplemental Fund - Approved (700.50) The City Council considered a communication from the Administrative Services Department recommending that the Finance Director be authorized to transfer all funds received from the Public Employees' Retirement System (PERS) in 1995/96 ($1.7 million) to the Retirement Supplemental Fund and authorize the Finance Director to deposit any refunds received from PERS in 1996197 to the same Retirement Supplement Fund. 745 Page 12 - Council/Agency Minutes - 02103/97 Councilmember Sullivan reported on the supplemental retirement fund procedure and the unfunded city liability. Councilmember Sullivan spoke regarding the possibility of instituting a two- tier system for city employees relative to the retirement supplemental fund. He suggested that the employees voluntarily give back this benefit. He stated that employee salary increases were difficult to establish when this benefit is costing the city $1 million per year. Councilmember Sullivan spoke regarding the areas that this $1 million could be put to, such as filling potholes, senior citizens center, and youth sports facilities. A motion was made by Sullivan, second Green, to authorize the Finance Director to transfer all funds received from PERS in 1995/96 ($1.7 million) to the Retirement Supplemental Fund and authorize the Finance Director to deposit any refunds received from PERS in 1996197 to the same Retirement Supplement Fund. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green NOES: None ABSENT: Garofalo (City Council) Finance Board Report Recommendations Regarding Performance Based Budgeting - Process Improvement Program And Public Awareness Program Implementation Plan -„Approved (320,10) The City Council considered a communication from the Administrative Services Director transmitting the December 12, 1996 Finance Board Report for formal action by the City Council. The City Administrator presented a staff report. He informed Council that he believed the City of Huntington Beach Finance Board Public Awareness Plan attached to the Request for Council Action dated February 3, 1997 is excellent. The City Administrator stated that he would like to bring this document to the City Council in conjunction with the infrastructure report to be presented to Council in the future. He spoke regarding the need to discuss further the matter of the citywide Process Improvement Program. Councilmember Green stated that there are 58 committees in the city government and that city staff is spread thinly between these committees. He stated he believed this must be studied to see if there are any committees that are unnecessary or that could be attended by staff less regularly. Councilmember Harman stated that he would like to know when the Performance Based Budget can begin_ The City Administrator responded that a two year budget will begin this fall. The City Administrator spoke further regarding Performance Based Budgeting issues such as the need to continue a parallel accounting system for a time. Councilmember Julien spoke regarding the feasibility of combining the Finance Board and the Council Committee on the Budget. 746 02/03/97 - City Council/Redevelopment Agency Minutes - Page 13 At the request of Mayor Pro Tempore Dettloff, Assistant City Administrator Ray Silver spoke regarding the results of the implementation of the Process Improvement Program in the Community Development Department. Mayor Bauer spoke regarding process improvement stating the special circumstances of the public safety services. He stated that they are driven by geography and response times or potential response times to emergencies. He stated that productivity can be improved of individuals but staff cannot be reduced because they are driven by other considerations. Mayor Bauer spoke regarding the effects of the overwhelming number of projects on the Community Development Department stating that process can be improved but process improvement alone does not change the need for manpower. He stated that the city is not a manufacturing operation but is a service organization. A motion was made by Dettloff, second Green, to 1. instruct the City Administrator to develop a Performance Based Budgeting System for review by the City Council, 2. instruct the City Administrator to continue with the Process Improvement Program as started in the Development Services Department, and 3. instruct the City Administrator to develop a Public Awareness Program Implementation Plan as recommended by the Finance Board. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green NOES: None ABSENT: Garofalo (City Council) Approval Of Proposed Process For Negotiation Service Delivery Issues With The Koll Real Estate Group For The Bolsa Chica Project - City Council Directs Staff To Make Boyle Engineering Report A Public Record (440.60) The City Council considered a communication from the Assistant City Administrator, Administrative Services Director, Community Development Director, Fire Chief, Police Chief and Public Works Director dated February 3, 1997 regarding the Proposed Process for Negotiation Service Delivery Issues with the Koll Real Estate Group for the residential project planned for the approved Bolsa Chica Local Coastal Plan area. The following communications were included in the City Council packet: City Attorney opinion dated January 30, 1997 regarding the Closed Session held January 13, 1997 regarding Acquisition of Property from Koll Company for Reservoir Three communications dated January 24, 1997 from Nancy Donaven, President, Bolsa Chica Land Trust regarding the Closed Session held January 13, 1997 Earlier in the meeting, Deputy City Clerk Maybrice Henry had announced that the following communications on this item had been provided to the City Council: 747 Page 14 - Council/Agency Minutes - 02/03/97 Late communication from Bob Biddle, Huntington Beach Tomorrow President, dated February 3, 1997 regarding services for Koll's Bolsa Chica development project and a legal opinion by City Attorney Gall Hutton concerning this matter Late communication from Nancy Donaven, Bolsa Chica Land Trust President, dated February 3, 1997 regarding a protest of a Request for Council Action which requests the right to hold a closed meeting on February 10, 1997 regarding Koll Real Estate Group's water negotiations Late communication from Juana R. Mueller dated February 3, 1997 regarding open sessions and closed sessions on important city business Revised Request For Council Action from the Assistant City Administrator dated February 3, 1997: Revision on Page No. 1 as follows: °(2) Also, that the issue of acquiring real property for a reservoir and water system site be discussed in Closed Session on Monday, February 10, 1997, at an adjourned Council meeting." Slide report from the Assistant City Administrator dated February 3, 1997 entitled Proposed Process for Negotiations on Service Delivery Issues - Bolsa Chica Project The City Administrator presented a staff report. He stated that questions regarding the closed session can be referred to Deputy City Attorney Paul D'Alessandro. The City Administrator spoke regarding annexation issues stating that it must be realized that the request for annexation must come from the property owner and that the law allowing hostile annexations has been repealed. The City Administrator presented a slide report that covered subjects including fire services, police services, library services, traffic improvements, sewer services, goal of water negotiations, and water services. Councilmember Sullivan stated that he does not believe the Council should have met in closed session on January 13, 1997 regarding the Boyle Engineering report. He apologized that he did not have enough knowledge of the Brown Act and had not protested. He referred to sections of the Brown Act and spoke regarding the 1990 State Attorney General's opinion that concluded that the property under negotiations must be described by assessor's parcel number or street address so that the public would have an opportunity to object to the proposed purpose of the closed session. Councilmember Sullivan stated that negotiating for a site should be when the city is to purchase it and that this purchase was contemplated to be done by the Koll Company. He spoke further regarding where he believes the city fell short of compliance with the Brown Act. Councilmember Sullivan spoke regarding City Council minutes from the August 6, 1996 City Council meeting and a July 23, 1996 communication to Julie Osugi, Associate City Planner, from Jeff Renna, City Water Operations Manager, titled Service Agreement Status Report For Water Operations. Councilmember Sullivan, referring to the slide report presented by the City Administrator, stated that the reference to a final decision being made in public would give the public little comfort and essentially the decision would have been made without any public input. 748 02/03/97 - City Council/Redevelopment Agency Minutes - Page 15 A motion was made by Sullivan, second Harman, that Council approve the alternative proposals set forth on the Request for Council Action dated February 3, 1997 in open session as the Brown Act does not allow it: discuss all six services, including water, in open session. Councilmember Harman stated reasons why he agrees with the motion. He stated that the public should have a right to participate and have public input. Councilmember Harman gave reasons why he did not agree with the City Attorney's opinion. He questioned whether there is a street address or parcel number, and the Assistant City Administrator stated that there is not. Councilmember Harman asked the City Administrator if he could summarize what the City Council would be discussing behind closed doors on February 19, 1997. The City Administrator spoke regarding the matters that would be covered, including looking at what it would cost the Koll Company to receive water services from the city, what it would cost the Koll Company to obtain water service from somebody other than the city, and what it would cost the city to provide that service under difference scenarios of development. Councilmember Green stated that he expected that the staff will be able to respond to questions presented by Mr. Horack and Mr. Winchell on February 24, 1997. He stated that if the Koll Company conducts business behind closed doors, he believes the City Administrator should be given the same advantage. He presented reasons why he believed the City Attorney's advice should be followed. Mayor Pro Tempore Dettloff spoke regarding the matter. She asked the City Administrator if he could list what aspects he believes he could discuss publicly and which aspects could be discussed privately. The City Administrator reported on the need to determine what it would cost Koll Company to obtain water from another source. He spoke regarding the fact that at some point in time, this will become public information. Mayor Pro Tempore Dettloff questioned if the maker of the motion would accept making the material public except for the price of negotiations. Councilmember Sullivan stated that he believed the Boyle Engineering report should be made available to the public. He stated that he believed it was a clear violation as an assessor's parcel number or a street address should be identified. Further discussion was held between Mayor Pro Tempore Dettloff and Councilmember Sullivan. Councilmember Sullivan stated that he believed it would be beneficial to have the public see the Boyle Engineering report. Councilmember Green brought Council's attention to the change in the recommended action on the Request for Council Action dated February 3, 1997, the recommendation having been amended to read: (1) That the City Council direct staff to set up a workshop on Monday, February 24, 1997 in the Council Chambers to review the status of the negotiations for possibly contracting certain municipal services for the county -approved Bolsa Chica Local Coastal Plan area, and (2) Also, that the issue of acquiring real property for a reservoir and water system site be discussed in Closed Session on Monday, February 10, 1997 at an adjourned Council meeting. 749 Page 16 - Council/Agency Minutes - 02/03/97 Councilmember Harman referred to the City Attorney's opinion dated January 30, 1997 and gave reasons why he did not believe the city was in compliance with the Brown Act. Mayor Bauer compared this procedure with that followed in Holly-Seacliff. He stated that negotiations with the Koll Company were premature. Mayor Bauer stated that negotiating one item at a time gave him concern as well as not knowing what entitlements will be given and also site cleanup determinations. The Mayor stated that the city does not have enough information to know what a good deal is. He stated that the Koll Company is going through financial issues and the city does not know its ability to pay for water services. A vote was taken on the motion made by Sullivan, second Harman. The motion failed by the following roll call tie vote: AYES: Harman, Bauer, Sullivan NOES: Julien, Dettloff, Green ABSENT: Garofalo Considerable discussion was held. Councilmember Harman stated his concern that a motion include release to the public of the Boyle Engineering report. Mayor Pro Tempore Dettloff made an extensive report to Council on her proposed motion. A motion was made by Dettloff, second Green, that the City Council hold a study session on February 24, 1997 where the City Council will begin by reviewing all of the negotiations that are now taking place on the Bolsa Chica, including fire, library, police, sewer; all of the issues that the City Council discussed and put forward to the California Coastal Commission that were not acted upon and have discussions in open session on where we want to go with the water situation at Balsa Chica; and that the Boyle Engineering Water Report be released immediately to the public and to the Koll Company. Mayor Bauer stated he would like to make the observation that in fairness to the consultant, the consultant had been reluctant to make the report complete. The Mayor stated the consultant had stated the report was incomplete but that he had released it under pressure from staff. The Mayor stated that he believed the report was incomplete and inadequate to make a proper decision. He stated that at this point there are a fair number of fatal flaws in this report. The Mayor stated that if people want to use this report to make their decisions, the can do so but they do so at their own risk. The motion made by Dettloff, second Green, carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green NOES: None ABSENT: Garofalo The City Administrator stated that he would not be having any negotiations with the Koll Company because he has no direction to do so. He stated that he wished the public and the City Council to know this. 750 02103197 - City Council/Redevelopment Agency Minutes - Page 17 (City Council City Treasurer Summary - Investment Portfolio Activity - December, 1996 - Accepted (310.20) The City Council considered a communication from the City Treasurer transmitting the December Investment Summary Review for December, 1996. Earlier in the meeting, Deputy City Clerk Maybrice Henry had announced that the following communication on this item had been provided to the City Council: Slide report from the City Treasurer dated February 3, 1997 entitled Treasurer's Report - February 3, 1997 Shari L. Freidenrich, CPA Following review of the monthly report, a motion was made by Sullivan, second Green, to accept the Monthly Investment Report for December, 1996 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by unanimous vote with Councilmember Garofalo absent. (City Council Announcement Of Appointment - Investment Advisory Board - Bill Bernard - Approved (110.20) Councilmember Harman announced the appointment of Bill Bernard as his representative on the city's Investment Advisory Board. 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 Tuesday, February 18, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Jerk and ex-officio Clerk of the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach, California City Clerk/Clerk Mayor/Chairman 751