HomeMy WebLinkAbout1997-03-10MINUTES
CITY COUNCIUREDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
6:00 PM - Council Chamber
Huntington Beach, California
Monday, March 10, 1997
A video tape recording of this meeting is
on file in the Office of the City Clerk
Call To Order
Mayor Bauer called the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 6:00 p.m. in the Council
Chamber.
City Council/Redevelopment Agency Roll Call
Present: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
Absent: Julien
Late Communications Announced By The City Clerk
Pursuant to the Brown Act, the City Clerk announced the following late communications
regarding Agenda Items which had been received following the distribution of the agenda:
Communication from Chuck Sheid dated March 10, 1997 regarding the Pier Plaza Project
Slide Report from the Community Development Department dated March 10, 1997 regarding
the Sign Code Rewrite - Zoning Text Amendment No. 95-6
Slide Report from the Administrative Services Director dated March 10, 1997 regarding Long
Term Debt issuance Relative To Pier Plaza Project Construction And For City's Obligation For
The Countywide 800 Mhx Public Safety Communication Project
Public Comments
John Briscoe addressed Council regarding what he believes is a bad track record for disability
retirements in the Fire Department.
796
Page 2 - Council/Agency Minutes - 03110197
Dennis Davenport, Executive Committee, Huntington Beach Members Council of the National
Rifle Association, addressed Council regarding the history of the Huntington Central Park's
Gun Range site, including the recreational restriction on the county deed provided to the city.
He spoke regarding the problems on the site, including the failure to upgrade and maintain the
facility. He requested that the current site be selected for the gun range; however, he stated
that if the Council selected another site, it would not preclude cooperation from the National
Rifle Association, Huntington Beach Council.
John Lynch, President of the Huntington Beach Members Council of the National Rifle
Association, addressed Council regarding the differences in income to the city from the
different options presented. He spoke regarding the need to have a gun range in the city as
the police will always be a presence in the city. Mr. Lynch stated the importance of the city
having an attractive, safe range meeting all necessary requirements.
Thomas Lambert spoke regarding the fact that Huntington Central Park is an easily accessible
location for those using a gun range. He stated that profits from the gun range can be used
for other city needs such as youth activities. He cited an example of a range where the
structure was built so that activities such as ballet classes can be held in the upstairs portion of
the shooting range. Mr. Lambert spoke regarding the drawbacks of the other location options
proposed.
Willy Riddell addressed Council regarding the city's responsibility to provide training to Police
Department employees and the liability that he believes will be incurred if such training is not
provided.
Roger Wilson requested that a volunteer citizen committee be formed to oversee the gun
range so that the problems which occurred at the old range will not occur at the new facility.
Mr. Wilson spoke regarding his need to practice for his employment duties.
Dave Eckermann addressed Council regarding the enjoyment of the hobby of shooting and
how he came to be acquainted with this hobby through the gun range. He stated that he
hoped that it will not be forgotten that it was a great portion, if not all, of citizen labor that built
the gun range. Mr. Eckermann informed Council that he favored a gun range to be
established at the existing location.
Dale Hudson spoke regarding issues relative to the stray bullet which was reported to have
escaped from the gun range hitting a home. Mr. Hudson spoke regarding the great number of
people who frequented the gun range facility at Fish Canyon.
Hugh Foster, Director of the Criminal Justice Training Program at Golden West College,
addressed Council and stated that the reasons for their preference for Option No. 3 (Close
existing range and build a new range on Site "B"--Center Avenue and Gothard extension --that
meets the minimum size for the four range goals set by Council), including agency access from
the 405 Freeway, ability to operate and maintain the range from the college facility, and that
there are no soil stabilization problems.
Manny Rothstein, founder of the Huntington Beach Members Council of the National Rifle
Association, addressed Council and stated that he would like to emphasize that shooting is
one of the few sports where men and women can compete on an equal basis as well as
handicapped persons. He recommended the current range be maintained on an interim basis
for pistol use until a new range is built.
797
03/10/97 - City Council/Redevelopment Agency Minutes - Page 3
Jim -Martin addressed Council in opposition to the rebuilding of the gun range at Huntington
Central Park, mainly due to the noise issue. He stated his support for Option No. 3 (Close
existing range and build a new range on Site "B"--Center Avenue and Gothard extension --that
meets the minimum size for the four range goals set by Council). He recommended that a two
or three story gun range be built and the different usages be utilized above the facility.
Gres Muensterman addressed Council and stated that the County of Orange has lost three
shooting facilities causing him to drive to other counties to practice. He stated that there are
no local facilities to take his children to to learn responsible shooting. Mr. Muensterman
informed Council that he was particularly interested in rifle shooting because he is a hunter.
(City Council) Study Session - Huntington Beach Gun Range - Council Committee
Options Report 5) ( 4 1 - • J L')
The City Council considered a communication from the Community Services Department
transmitting the Huntington Beach Gun Range Options Council Committee Report dated
January, 1997, a copy of the video report, and a matrix regarding the general plan and zoning
issues associated with the Gun Range.
The City Council was informed that staff would present other possible options that the Council
Committee may wish to pursue and that following the study session, the Council Committee
will again meet and formulate a recommendation to be put on a future Council agenda.
The Community Services Director presented an extensive staff report using wall displays. The
report included a review of Options No. 1 (Rebuilding existing outdoor range with overhead
baffling system to accommodate police, public and Olympic events), No. 2 (Rebuild existing
range to Olympic standards, but make it an indoor range), No. 2a (Build a new indoor range at
the existing location that meets the minimum size for the four range goals set by Council, but is
about one-third smaller in size of the range proposed in Options One and Two), No. 3 (Close
existing range and build a new range on Site "B"--Center Avenue and Gothard extension --that
meets the minimum size for the four range goals set by Council), and No. 4 (Close existing
range and build a new indoor range on Site "C"--Adams Avenue and the Santa Ana River —that
meets the minimum size for the four range goals set by Council).
The Community Services Director then reported on the slide report which had been distributed
in the City Council packet. His report included an extensive review of the options. He
informed Council that Option No. 1 would entail a public perception regarding the safety and
noise due to the possibility of a "blue sky" or ricochet escape and also the possibility of noise
going into surrounding neighborhoods. Also presented were alternatives such as exploring a
regional approach to use surplus property in north Orange County; hire a real estate consultant
to work toward negotiating acquisition of a private industrial site; building a Huntington Beach
police only facility on city owned property behind the Southern California Edison plant, not
build a range and have the Huntington Beach police officers train and qualify elsewhere;
negotiate with county for use of old transfer station site.
The Community Services Director reported on questions from Mayor Pro Tern Dettloff
regarding Charter --Measure C requirements if the Huntington Central Park property is used.
He reported on the City Attorney's opinion regarding this issue. He then responded to Mayor
Pro Tern Dettloff's questions regarding the Center Drive site and the opinion of Golden West
College representatives on the financial issues.
798
03/10/97 - City Council/Redevelopment Agency Minutes - Page 5
CouDcilmember Garofalo stated that he would like to work toward the fifth goal of an Olympic
size range as a study issue.
The Mayor summarized that as a result of this meeting, there seems to be a consensus for a
closed site; that an Olympic size site receive consideration; that a financial analysis of the
Olympic size and possibly the smaller size would help dictate location by virtue of how much
remediation or what the land costs could be; a joint agreement with Golden West College; that
the Huntington Central Park site, whether selected or not, ought to be included in the
Environmental Impact Report and not left as a "white hole" site; that the smaller Gothard-
Center Avenue site does seem to have attraction but there are obvious encumbrances.
Councilmember Green stated that he would like to see the transfer station site studied with
perhaps a meeting held with the County Supervisor and key players.
(City Council Long Term Debt Issuance Relative To Pier Plaza Project Construction And
For City's Obligation For The Countywide 800 Mhz Public Safety Communication _Project
(330.30)
The City Council considered a communication from the Administrative Services Department
dated March 5, 1997 regarding bond documents and the issuance of debt for two city projects:
1. Pier Plaza Project ($2,830,000) and 2. 800 Mhz Countywide Public Safety Communication
Project ($4,093,000) and 3. Reserve/Issuance Costs ($837,000) for a total of $7,760.00.
Earlier in the meeting, the City Clerk had announced that the following communications on this
item had been provided to the City Council:
Communication from Chuck Sheid dated March 10, 1997 regarding the Pier Plaza Project
Slide Report from the Administrative Services Director dated March 10, 1997 regarding tong
Term Debt Issuance Relative To Pier Plaza Project Construction And For City's Obligation For
The Countywide 800 Mhz Public Safety Communication Project
Deputy City Administrator Franz presented a staff report.
The Community Services Director commented on the letter received from Mr. Scheid dated
March 10, 1997 regarding the Pier Plaza Project as it relates to prevailing wage rate payments.
He stated that staff will prepare a report.
Deputy City Administrator Franz reported on the slide report dated March 10, 1997.
Discussion was held between the Council and the Community Services Director regarding the
Pier Plaza Project, including the number of rest rooms planned. Councilmember Garofalo
spoke regarding the matter and stated that financial aspects are what are being discussed at
this meeting; however, to keep in mind that this is an integral piece of a larger plan.
Deputy City Administrator Franz reported on the 800 Mhz Public Safety Communication Project
and referred to the slide report.
The Police Chief reported on the merits of the 800 Mhz Project, stating that for the first time
Public Works Departments will be included countywide.
800
Page 6 - Council/Agency Minutes - 03/10/97
-Deputy City Administrator Franz reported on the financial aspects. Councilmember Garofalo
asked if there was an opportunity to finance other existing debt, and the Deputy City
Administrator explained the reasons why this could not be done.
Mr. Rod Gunn, Rod Gunn Associates, Incorporated, reported on the long term debt issuance
procedures, including interest rates on bonds, Discussion was held between the Council and
Mr. Gunn.
Maryann Goodkind, Musick, Peeler and Garrett, LLP, presented a report on the legal
structures of the bond issue. She reported on two threats to this type of leasing --a bill in
Sacramento which would require that these issues be presented for a vote of the people and a
pending Gann initiative that would also require a vote.
t Andy Hall, Jones, Hall, Hill and White, described why both disclosure counsel and bond
counsel are involved. He reviewed issues relative to the official statement for which the city
has responsibility. He presented examples of cities and counties which had not provided
adequate disclosure. Mr. Hall presented examples of items that should be disclosed and
requested that Council bring to the attention of staff or bond counsel any issues in this regard.
He spoke regarding the issue of "continuing disclosure," stating that there is a rule which
requires that the city annually update the official statement.
Mayor Bauer spoke regarding the need to investigate a comprehensive marketing plan during
the year of construction to generate cash flow; the need for an economic plan to get projects
moved through the system in a deliberate but urgent fashion to generate cash flow; and the
need for more sophistication from a marketing and business point of view.
Councilmember Sullivan referred to the letter from Mr. Scheid announced earlier in the meeting
regarding the savings he believed could be made by not paying union wages on city projects.
He requested that a delay be made in the bid opening for the Pier Plaza Project.
Councilmember Sullivan stated the reasons for his request that bids be delayed and union
wages not be paid. He stated his disappointment that the Council had not been informed of
the process by which nonprevailing wages did not have to be paid by a charter city. The City
Administrator reported on the issue. He informed Council that prevailing wages did have to be
paid on federal or state projects.
Councilmember Harman questioned the bond counsel regarding the provision to keep the
Central Library insured. Ms. Goodkind stated that the provision could be changed to reflect
that the city was self -insured.
Rod Gunn reported on the earthquake insurance provisions at the request of Councilmember
Harman.
Councilmember Sullivan asked if an item he places on the agenda not to pay union rates is
adopted by Council, how will it affect the bid opening scheduled for Wednesday,
March 12, 1997. Responding to Councilmember Sullivan, the City Administrator reported on
the alternatives.
The City Administrator informed Council that it is very important for staff to be sure that state
money is not involved in order that such action is not challenged by labor unions.
The Community Services Director reported on the need to study the issue. The City
Administrator stated that he had informed Mr. Scheid that there is a sixty (60) day period to
801
03/10/97 - City Council/Redevelopment Agency Minutes - Page 7
award or reject bids. The Community Services Director informed Council that if bids are
rejected and the project is rebid, there will be a different type of bidder, one that joins in with
other contractors due to the difficulty of meeting bonding requirements. Councilmember
Garofalo stated that staff should ask for both types of bids in the future when no state or
federal funds are involved.
Mayor Bauer spoke regarding the reasons why often times a nonprevailing wage contract does
not save money, including the necessity for change orders, not having skills to do the job
properly, and possible issues relative to state and federal funding requirements.
Councilmember Sullivan cited some projects let by the city that had prevailing wages for which
the work performed was inadequate. He stated that if this issue was not examined by Council,
he believed it would mean Council is not being responsible with the taxpayers' money.
Following discussion, Councilmember Sullivan stated that he believed the Council did not want
to approve his recommendation for this project so he would request that this issue be placed
on a future agenda.
*The City Administrator informed Council that bond counsel had provided him with reasons
why this project required payment by the city of the prevailing wage rate.
(City Council Status Of New City Sign Code - Zoning Text Amendment No. 95-6 (Sign
Code Rewrite) - Report Presented On Status Of New City Sign Code (420.35)
The City Council considered a communication from the Community Development Department
dated March 5, 1997 regarding Zoning Text Amendment No. 95-6 - Sign Code Rewrite.
(Status of the new City Sign Code.)
Earlier in the meeting, the City Clerk had announced that the following communication on this
item had been provided to the City Council:
Slide Report from the Community Development Department dated March 10, 1997 regarding
the Sign Code Rewrite - Zoning Text Amendment No. 95-6
The Community Development Director presented a staff report referring to the slide report
prepared on the proposed City Sign Code.
Wayne Carvalho, Assistant Planner, presented a detailed report using the slide report and wall
displays. Mr. Carvalho, at the request of Councilmember Garofalo, reported on the history of
the development of the new Sign Code. At the request of Councilmember Sullivan,
Mr. Carvalho stated that nonconforming signs were "grandfathered" signs.
Discussion was held regarding the subject, including size of signs for business owners and
replacement of nonconforming signs.
Assistant Planner Carvalho and the Community Development Director reported on the reasons
they believed it was important to balance aesthetic issues with the business owners' desire for
larger signs.
*The City Administrator's comments were made just prior to adjournment of the meeting and
are set forth in this section of the meeting to provide continuity of the subject.
802
Page S - Council/Agency Minutes - 03/10/97
The -Community Development Director reported in response to Mayor Bauer's question
regarding enforcement capabilities. She stated that it was planned to have a volunteer group
formed to augment city sign enforcement staff.
Assistant Planner Carvalho and Senior Planner Scott Hess responded to Mayor Bauer as to
how the last business that establishes itself in a complex will be served as far as signage when
there is not room for representation on the sign.
Mayor Bauer presented reasons why he believed the existing ordinance should remain as to
establishing a time limitation for political signs. The Community Development Director stated
that she would meet with the City Attorney regarding the issue.
Planning Commissioner Edward Kerins reported on the reasons for the minority report as it
pertained to sign height increase from the current code.
Councilmember Harman read a portion of the staff report with which he agreed which favored
smaller signs than those proposed. He questioned the political signs provision stating the
types of signs which he believes should be allowed and to which he agreed should be
disallowed. He requested that the Community Development Director study this issue further.
Planning Commissioner Fred Speaker presented the reasons why the "bonus system" was
proposed. He stated the entire minority report was reviewed and some points of the report
were voted on favorably by the Commission and some were not. He reviewed the Planning
Commission's determinations on the Sign Code, including political signs and nonconforming
signs.
Richard Harlow, Huntington Beach Chamber of Commerce representative on the Sign
Committee, addressed Council stating that he believed the major problem was illegal signs
erected by business owners because opportunity was not available for them to erect adequate
signs_ He stated that the signs on Gothard Street will be more consistent with industrial sizes
as Gothard Street is not an arterial. Mr. Harlow gave an example of the difficulty of seeing the
Barr Lumber sign on Beach Boulevard. He stated that the committee's main thrust was
centered on Beach Boulevard and other wide streets and getting addresses on the signs.
Referring to the slide presentation, Counciimember Sullivan reviewed the problems with the
Sport Chalet monument sign where it rs difficult to see the third business name. He referred to
the Newland Center sign which he believed is a good example of signage with the exception of
"Mothers" business not being the same color as the rest of the businesses on the signage. He
reviewed another sign of the same approximate size as that of Newland Center which was
designed differently and appeared very cluttered.
Planning Commissioner Edward Kerins stated that he would report as the Huntington Beach
Tomorrow representative on the Sign Committee. He stated that he believed Beach Boulevard
should be the only street considered for sign size enlargement.
803
03/10/97 - City Council/Redevelopment Agency Minutes - Page 9
Adiournment - City Council/Redevelopment Agency
The Mayor adjourned the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, March 17, 1997 at
5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
4w.;, 940ck�
City Clerk/Clerk
City Clerk and ex-officio Clerk f the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
gq!;� 0'
Mayor/Chairman
Y