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HomeMy WebLinkAbout1998-11-02MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, November 2, 1998 A video tape recording of this meeting is on file in the Office of the City Clerk. The City Clerk was present at 5:00 p.m. to announce to any persons present that this regular meeting of the City Council/Redevelopment Agency would begin at 7:00 p.m. rather than at 5:00 P.M. CALL TO ORDER Mayor Dettloff called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order in the Council Chamber at 7:00 p.m. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: Julien FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Boy Scout Troop 568, Community Methodist Church, Huntington Beach, Jim Dexter, Scoutmaster. INVOCATION The invocation was offered by Mr. Bill Crouch, Fountain Springs Church, Huntington Beach. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown Act, City Clerk Brockway announced the following late communications regarding agenda items which had been received following distribution of the agenda. City Treasurer's Slide Report dated November 2, 1998 122 Page 2 - CouncillAgency Minutes— 11/02/98 Communication from the Director of Community Services dated November 2, 1998 regarding a typographical error in the analysis section of the Request for Council Action relative to the Pier Plaza Beach Concession Lease. The proposed percentage rates are stated in the RCA as10%, 12%, and 14%. In fact, they are 10.5%, 12.5%, and 14.5% as shown in the agreement attached to the Request for Council Action. Communication from the Director of Community Services dated November 2, 1998 titled Additional Language For The Recommended Action On Agenda Item E-8 (Mike Ali Pier Plaza Beach Concession Lease) informing Council that said lease is required to have the approval of the State Department of Parks and Recreation Revision To Recommended Action for the agenda item relative to the Energy Efficient Equipment Retrofit Program. The Clerk read the revised proposed motion as follows: Approve the Energy Efficient Equipment retrofit program in concept, and direct staff to return to Council with the proposed loan agreement and design/build agreement with Sempra Energy Systems. CERTIFICATE OF APPRECIATION TO ROBERT FRANZ- ADMINISTRATIVE SERVICES DIRECTOR Mayor Shirley Dettloff presented a Certificate of Appreciation to Bob Franz, Deputy City Administrator -Administrative Services Director for his years of service to the City of Huntington Beach. PUBLIC COMMENTS SUZANNE BEUKEMA addressed Council regarding the fund-raising efforts of the Huntington Beach Educational Foundation. She spoke regarding the grants already received by the organization. Ms. Beukema invited Council to the Touch Down For Technology event to be held Monday, November 9 at the Meadowlark Clubhouse. RAYMOND GOULETTE addressed Council and stated that he wished to report what he believes is a misuse of public funds and resources by the City Attorney's Office regarding the posting of a campaign sign at a Morse Circle residence. He presented a photo of the campaign sign in question to the Sergeant -at -Arms. City Attorney Hutton responded to Mr. Goulette regarding the issue. DAVID FLYNN spoke regarding the problem of the Morse Circle residence and requested that outside legal counsel be retained as he does not feel the City Attorney's Office is able to handle this matter. He spoke regarding the removal of campaign signs of City Attorney candidate Ron Davis. Mr. Flynn objected to one of the City Attorney's campaign flyers. City Attorney Hutton responded to the previous speaker, Mr. Goulette, and also to Mr. Flynn. MARTIN RICHELLI stated the reasons why he believes that if Councilmember Sullivan wins the county supervisorial election that the candidate who comes in fifth in the City Council election should be appointed by the City Council to serve out the remainder of Councilmember Sullivan's term. He spoke in objection to some of Councilmember Sullivan's campaign material. 123 11102198 - Council/Agency Minutes - Page 3 Councilmember Sullivan responded to Mr. Richelli. VIRGINIA SIMS presented reasons why she disputed the statement that firemen earn $60,000 per year. Councilmember Harman stated the salary figures the firefighters earn citing W-2 returns. He displayed a printout. Councilmember Garofalo presented questions to the Fire Chief relative to Councilmember Harman's statements. The City Clerk asked Councilman Harman to provide for the record a copy of the document which he referred to during his comments. NORM WESTWELL stated his concern that the city is pumping 3,000 gallons a minute of tested water down the storm drain and stated he thinks the city was testing for bad water so a new, expensive water treatment plant can be built. He stated he had not been able to obtain answers to satisfy him. Mr. Westwell stated that this could be seen covered by a tarp at the northside of the Boeing building on Rancho Street. He spoke regarding problems he sees at the Peck Reservoir. Mr. Westwell stated that larger water mains than are necessary are being put in the new development area as the city can charge more for a larger water meter. He also objected to the expensive material used by the city for water pipes. Councilmember Green stated that the City Administrator has addressed such issues. Councilmember Green requested that the City Administrator put Mr. Westwell in touch with the Public Works Director. Public Works Director Beardsley reported on the requirements relative to the pumping and testing of the wells. He reported on the Peck Reservoir, stating that it will be safe before being put into service. He stated that a report would be made on the other items referred to by Mr. Westwell. RON DAVIS spoke regarding his intent from the beginning of the campaign to conduct a good campaign. City Attorney Hutton spoke regarding why she stands behind all the facts in her campaign mailers relative to Mr. Davis. In reponse to the Mayor, City Clerk Brockway presented her understanding of the Brown Act as it relates to discussion of subjects that are not on the agenda. She informed Council that the Brown Act allows Councilmembers to make a brief request of staff, or to make a brief response to members of the public; however, lengthy reports and discussions between parties are not appropriate according to the Brown Act. She informed Council that the Brown Act provides that any documents presented by staff or the legislative body are to be made available during the meeting to members of the public if these documents have not been part of the agenda packet; that any documents presented by the public at the meeting must be made available to the public in her office the next morning. In response to a question by the Mayor, the City Clerk stated she believed Mr. Davis should be allowed to respond to the City Attorney's comments. CONNIE BOARDMAN stated she wished to remind everyone in the audience to vote tomorrow. 124 Page 4 - Council/Agency Minutes-11/02/98 HOWARD SUBINICK stated that he was appalled at the campaign literature being distributed to the citizens. He referred to a candidate for whom he did not believe the people should vote. He stated that he believed the people should be made aware of the hourly wage of a firefighter as the figures as stated are incorrect because the figures include overtime. MARGE ALLEN displayed campaign flyers in opposition to County Supervisor candidate Sullivan and presented reasons why she disagreed with these flyers. She displayed and spoke in opposition to a second flyer she had received. EILEEN MURPHY stated reasons why she appreciated Councilmember Sullivan, including his efforts to make the Central Library open on Sundays and to stop salary spiking. DEAN ALBRIGHT spoke regarding the current problem presented by the resident of Wild Rose Street. He stated this person was passing out campaign signs. He requested the City Attorney to pursue this problem more diligently than he believes she has done in the past. CHUCK SCHEID spoke regarding his intention to talk about the agenda item regarding acceptance of the wheelchair ramp construction project for Amberleaf and Florida/Yorktown Enhancement Areas -CC 1016; however, he stated due to the comments on the election he would speak about campaign issues. Mr. Scheid stated that six years of videotapes are available to persons who would like to know Councilmember Sullivan's voting record and questioned whether they had been accessed to answer certain questions. TOM LOGAN wished good luck to all those candidates running in tomorrow's election. JOHN BRISCOE presented a document to the City Clerk titled Prepared Statement City Treasurer Violation of City Code and Charter. City Administrator Silver stated that the contract with the vendor referred to in Mr. Briscoe's document had been in place for a number of years. He requested City Treasurer Freidenrich to report on the matter. City Treasurer Freidenrich presented a report. BRAD WHITE spoke regarding campaign flyers. He spoke regarding issues at the city level which he believes do not warrant Councilmember Sullivan's election to the office of County Supervisor. He spoke in opposition to the contract which he believes the police officers were forced to take. ROY RICHARDSON spoke regarding the campaign sign ordinance issue and his recommendations. The City Attorney reported on this issue. DEBBIE COOK stated that she appreciates the city having a forum for the people to speak and that no matter what happens, the people should make sure that the meetings held by members of the Board of Supervisors are televised. CHRIS MESCHUK spoke regarding the problem of the streets in his neighborhood in the vicinity of Indianapolis Avenue and Magnolia Street due to street work done by the Water Department. Public Works Director Beardsley reported on the reasons why the manhole covers had to be raised as a result of the street paving. City Administrator Silver stated that the Director of Public Works would send Mr. Meschuk a letter with specifics. 125 11/02/98 - Council/Agency Minutes - Page 5 JOHN FISHER spoke regarding his recent trip to New York as it related to political campaigns and stated that the campaign controversy in Huntington Beach was mild compared to that in New York. He wished Councilmember Sullivan good luck. (CITY COUNCIL) APPROVE ENERGY EFFICIENT EQUIPMENT RETROFIT PROGRAM -- APPROVE DESIGN BUILD AGREEMENT BETWEEN CITY & SEMPRA ENERGY SOLUTIONS — AUTHORIZE CITY OBTAINING LOAN FROM GECPF, INC. (600.10) City Administrator Silver announced the revision to the staffs recommended motion on the agenda item regarding energy efficient equipment retrofit program. UPDATE ON MORSE CIRCLE RESIDENCE City Attorney Hutton reported on the outcome of the criminal trial of Ms. Zagustin relative to the Morse Circle residence. City Attorney Hutton reported that Ms. Zagustin had received civil citations. She spoke further on the matter at the request of Councilman Garofalo relative to the 69 counts. DISCUSSION REGARDING FIREFIGHTERS' SALARIES — REPORT TO BE PREPARED Councilmember Garofalo stated that he was disappointed with staff's inability to answer questions relative to firefighters' salaries. Councilmember Harman responded and referred to the document he had referred to earlier in the meeting which he stated would be provided to the City Clerk. Councilmember Garofalo stated that overtime pay should not be presented as a part of the regular salary figure and spoke further on the matter. City Administrator Silver spoke regarding staffs intent to come prepared with answers to items listed on the agenda. He stated that in this instance he would prepare a report for Council. (CITY COUNCIL) CITY TREASURER SEPTEMBER 1998 INVESTMENT SUMMARY REVIEW (310.20) The City Council considered a communication from City Treasurer Freidenrich transmitting the September 1998 Monthly Investment Summary Report for City Council review and acceptance. City Treasurer Freidenrich presented a staff report. In response to Councilmember Garofalo, the City Treasurer spoke regarding her efforts, since she took office to bid the vendor contract which had begun several years ago. Earlier in the meeting, the City Clerk had announced the following late communication relative to this agenda item. City Treasurer's Slide Report dated 11/2/98. 126 Page 6 - Council/Agency Minutes-11/02198 City Treasurer Freidenrich responded to Councilmember Garofalo regarding his inquiry relative to an elderly resident who due to the date her check arrives cannot pay her water bill in time to avoid the late charge. Following review of the report, a motion was made by Harman, second Bauer, to accept the Monthly Investment Report for September, 1998 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach and carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien CITY ADMINISTRATOR'S STATEMENT REGARDING DEPUTY CITY ADMINISTRATOR - ADMINISTRATIVE SERVICES DIRECTOR FRANZ City Administrator Silver spoke regarding the help Bob Franz, Deputy City Administrator — Administrative Services Director has given to him and that he will miss him when he leaves for his new position in the city of Glendale. CONSENT CALENDAR — ITEMS REMOVED FOR SEPARATE DISCUSSION The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (City Council) Resolution No. 98-83 —Temporary Closure Of Portions Of Seapoint/Palm/Goldenwest — For Pacific Shoreline Marathon 1131/99 (City Council) 1998 Agreement With Employment Systems, Inc. For Ambulance Operator/Fire Interns (City Council) Pier Plaza Beach Concession Award To Michael Ali - Lease Agreement Between City & Michael Ali, DBA — Pier Plaza Beach Concession CONSENT CALENDAR — ITEMS APPROVED On motion by Green, second Sullivan, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT. Julien Councilmember Sullivan requested to be recorded as casting a "no" vote on the Consent Calendar item regarding Resolution No. 98-84 — Approve Memorandum of Understanding Between The City and the Marine Safety Officers' Association. 127 11/02/98 - Council/Agency Minutes - Page 7 (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of October 5, 1998 and October 19, 1998 as written and on file in the Office of the City Clerk. (CITY COUNCIL) ACCEPTED THE WHEELCHAIR RAMP CONSTRUCTION PROJECT FOR AMBERLEAF AND FLORIDAIYORKTOWN ENCHANCEMENT AREAS — CC-1016 — NOTICE OF COMPLETION — C.J. CONSTRUCTION INC. (600.70) — Accepted the Wheelchair Ramp Construction Project for Amberleaf and Florida/Yorktown Enhancement Areas, CC-1016 and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) APPROVED FOURTH AMENDMENT TO PSOMAS & ASSOCIATES CONTRACT TO PROVIDE WATER MASTER PLAN FACILITATION (GIS CONVERSION SERVICES) APPROVED MODIFICATION TO INSURANCE REQUIREMENT 600.10) 1. Approved the addendum to the existing contract with Psomas and Associates to continue its (professional consulting services in connection with implementation of the city's Water System Master Plan/Financing Plan — Fourth Amendment To Professional Services Contract Between The City Of Huntington Beach And Psomas And Associates For GIS Conversion Services; and 2. Approved appropriation of $30,000 from the Unappropriated Balance of the Water Facilities Master Plan Fund to continue facilitation of the Water Master Plan improvement; and 3. Approved the Settlement Committee's recommendation to modify the Indemnification and Hold Harmless paragraph of the attached agreement with Psomas and Associates. (CITY COUNCIL) APPROVED NEW CENTRAL LIBRARY CHILLER — AWARDED BID TO MESA ENERGY SYSTEMS, INC. - MSC-400 - APPROVED CONSTRUCTION CONTRACT (600.90) -- 1. Accepted the low bid of Mesa Energy Systems, Inc. in the amount of $180,708 and approved and authorized execution of the attached contract between the City and Mesa Energy Systems, Inc., and 2. Authorized the Director of Public Works to expend a total of $200,000, including the contract cost of $180,708 and contingencies and incidentals of $19,292 for the project. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-84 — APPROVED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MARINE SAFETY OFFICERS ASSOCIATION (720.20) - Adopted Resolution No. 98-84 -- "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between The Huntington Beach Marine Safety Officers Association and the City of Huntington Beach for 1011197 - 9130199. " Councilmember Sullivan requested to be recorded as casting a "No" vote on this item. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-83 — APPROVED TEMPORARY CLOSURE OF PORTIONS OF SEAPOINTIPALM/GOLDENWEST — FOR PACIFIC SHORELINE MARATHON 1131I99 (960.50) The City Council considered proposed Resolution No. 98-83 to approve a temporary closure of portions of Seapoint/PaimlGoldenwest for the Pacific Shoreline Marathon. Community Services Director Hagan reported on the street closure times at the request of Councilmember Harman. 128 Page 8 - Council/Agency Minutes-11/02198 A motion was made Harman, second Green, to adopt Resolution No. 98-83- "A Resolution of the City Council of the City of Huntington Beach to Approve the Temporary Closure of Portions of Seapoint, Palm and Goldenwest for the Pacific Shoreline Marathon on January 31, 1999." The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Garofalo NOES: Sullivan ABSENT. Julien (CITY COUNCIL) APPROVED 1998 AGREEMENT WITH EMPLOYMENT SYSTEMS INC. FOR AMBULANCE OPERATOR/FIRE INTERNS - REPORT REGARDING INSURANCE ISSUES TO BE PREPARED (600.10) The City Council considered a communication from the Fire Chief transmitting a proposed agreement with Employment Systems, Inc. for ambulance operators/fire interns. Fire Chief Dolder reported on the issue of the liability as it pertains to coverage at the request of Councilmember Harman. Councilmember Sullivan stated that he shares Councilmember Harman's concern and would recommend delay until the insurance issue is decided. A motion was made by Harman, second Green ,to approve and authorize the Mayor and City Clerk to execute the 1998 Ambulance Operators/Fire Interns Agreement with Employment Systems, Inc. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Garofalo NOES: Sullivan ABSENT: Julien Councilmember Bauer requested a report be returned at a later date from the City Administrator regarding the insurance coverage issues discussed. The City Clerk and the City Attorney received clarification from City Administrator Silver and Councilmember Bauer regarding the intent of the motion. Councilmember Bauer stated he would place an H item regarding this matter in the next agenda. (CITY COUNCIL) APPROVED AS AMENDED - PIER PLAZA BEACH CONCESSION AWARD TO MICHAEL ALI — APPROVED LEASE AGREEMENT AS AMENDED BETWEEN CITY & MICHAEL ALI, DBA — PIER PLAZA BEACH CONCESSION The City Council considered approval of the Pier Plaza Beach Concession Award to Michael Ali together with approval of a lease agreement between the city and Michael Ali for Pier Plaza Beach Concession. Earlier in the meeting, the City Clerk had announced the following late communications relative to this agenda item: 129 11/02/98 - Council/Agency Minutes - Page 9 Communication from the Director of Community Services dated November 2, 1998 titled "Lease Agreement Between The City Of Huntington Beach And Michael Ali, DBA Pier Plaza Beach Concession This communication is regarding a typographical error in the analysis section of the Request for Council Action. The proposed percentage rates are stated in the RCA as 10%, 12%, and 14%. In fact, they are 10.5%, 12.5%, and 14.5% as shown in the agreement attached to the RCA. Communication from the Director of Community Services dated November 2, 1998 regarding information from the City Attorney's Office informing staff that the terms and conditions of the city's operating agreement for Pier Plaza, the Pier Plaza Beach Concession Lease Agreement, is required to have the approval of the State Department of Parks and Recreation. The motion should be amended to reflect the above. A motion was made by Green, second Harman, to approve the concession agreement with Mike Ali for the operation of the beach concession located on the north side of the pier in the Pier Plaza Master Plan - Lease Agreement Between City of Huntington Beach and Michael Ali, DBA Pier Plaza Beach -.Concession subject to the approval of the State of California Department of Parks and k0b� eaffott ' The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien (CITY COUNCIL) APPROVED IN CONCEPT - ENERGY EFFICIENT EQUIPMENT RETROFIT PROGRAM - STAFF DIRECTED TO RETURN WITH PROPOSED LOAN AGREEMENT WITH GECPF, INC. AND A DESIGN BUILD AGREEMENT WITH SEMPRA ENERGY SOLUTIONS — AUTHORIZED CITY OBTAINING LOAN FROM GECPF, INC. (600.10) The City Council considered a communication from the Public Works Director and the Deputy City Administrator -Administrative Services informing Council that the energy audit conducted for the City of Huntington Beach by Sempra Energy Solutions has revealed that substantial cost savings may be realized through an energy efficient equipment retrofit program. Public Works Director Beardsley presented a staff report. The City Clerk had announced earlier in the meeting a late communication regarding a revision to the recommended motion for this agenda item as follows: Approve the Energy Efficient Equipment retrofit program in concept, and direct staff to return to Council with the proposed loan agreement and design/build agreement with Sempra Energy Systems. A motion was made by Garofalo, second Green, to approve the Energy Efficient Equipment Retrofit Program in concept and direct staff to return to Council with a proposed loan agreement and design/build agreement with Sempra Energy Systems. Councilmember Harman requested information on how the project is going to be tracked to insure that the $330,000 projected to be saved will actually be saved each year. Deputy City Administrator -Administrative Services Director Franz reported on the procedure involved in charging for electrical usage. 130 Page 10 - Council/Agency Minutes— 11/02/98 The motion made by Garofalo, second Green, carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien ADJOURNMENT- CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency to the City of Huntington Beach to Monday, November 10, 1998, at 7.30 a.m., at Dukes Restaurant, 317 Pacific Coast Highway, Huntington Beach, California to meet with the Economic ❑evelopment Red Team. ATTEST: City ClerklClerk 131 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California '��JZ-L-o - -- MayorlChairman