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HomeMy WebLinkAbout1999-08-30MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH ADJOURNED REGULAR MEETING 4.30 P.M. —Council Chambers 6:15 P.M. — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California Monday, August 30, 1999 A videotape recording of the 6:15 p.m. portion of this meeting is on file in the Office of the City Clerk. CALL TO ORDER Mayor Peter Green called the adjourned regular meeting of the City Council/Redevelopment Agency to order at 4:35 p.m. in the Council Chambers. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Garofalo, Green, Dettloff, Harman, Sullivan, (Harman arrived at 4:45 p.m.) Absent: Bauer PUBLIC COMMENTS REGARDING STUDY SESSION AND CLOSED SESSION AGENDA ITEMS (160.30) CHUCK SCHEID stated his complaint regarding the closed session wording on the August 2, 1999 agenda regarding Resolution No. 99-55. He stated the opinion that improper action was taken relative to the portion of the tax rate devoted to funding employee retirement. Closed Session Removed The following closed session item was removed from the agenda at the request of the City Administrator: (City Council) 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: MSOA, POA, PMA, MEA, MEO, HBFA, and SCLEA. (120.80) Motion Regarding The Need To Take Emergency Action On An Item Which Arose Subsequent To The Posting Of The Agenda — Approved The City Attorney informed Council of the need to add the following closed session item to the agenda: A motion was made by Green, second Dettloff that pursuant to Government Code S.54954.2(b)(2) the City Council determined that the need to take action on the following closed session item arose subsequent to the agenda being posted: (City Council) Closed Session — 687 08/30/99 — Council/Agency Minutes — Page 2 City Council pursuant to Government Code Section 54956.9(c) to confer with its City 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— one. Subject: Civil Injunction —Performance Sales & Leasing. (120.80) The motion carried by the following roll call vote; AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Bauer By consensus the Council recessed to closed session on the above item and the following two items: (City Council) 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 Brindle/Thomas v. City of Huntington Beach — Orange County Superior Court Case No. 75 02 03. Subject: BrindlelThomas v. City of Huntington Beach. (120.80) (City Council) Cased 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 State of California v. BP America, et al; Orange County Superior Court Case No. 64 63 39. Subject: State of California v. BP America. CITY COUNCIUREDEVELOPMENT AGENCY MEETING RECONVENED Mayor Green reconvened the adjourned regular meeting of the City Council and Redevelopment Agency meeting in the Council Chamber at 6:15 p.m. CITY COUNCILIREDEVELOPM ENT AGENCY ROLL CALL Present: Julien, Garofalo, Green, Dettloff, Harman, Sullivan Absent: Bauer (CITY COUNCIL) REPORT OF CLOSED SESSION ACTION TAKEN REGARDING SETTLEMENT AGREEMENT BETWEEN THE CITY AND MUTUAL GENERAL RELEASES (BP AMERICA) RELATIVE TO 1990 OIL SPILL (120.80) City Attorney Hutton reported that Council in closed session approved the Settlement Agreement between the City of Huntington Beach and Mutual General Releases relative to the 1990 oil spill. The title of the litigation is State of California v. BP America, et al; Orange County Superior Court Case No. 64 63 39. A motion was made by Sullivan, second Garofalo to approve the Settlement Agreement Between The City And Mutual General Releases (BP America) Relative to 1990 Oil Spill. The motion carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Bauer 688 08/30199 — Council/Agency Minutes — Page 3 Report Regarding Closures of State/City Beaches Mayor Green announced the portions of the beach to be reopened. City Administrator Silver stated that the EEOC (Emergency Operation Center) had been activated for department personnel that need to be present. l Fire Chief Dolder reported on the state beach closure and the subsequent city beach closure. He reported on the types of contaminants that were in the water. He stated that the state law had recently been changed by Assembly Bill No. 411. He reported on the effect of the legislation, He reported on the water testing procedures and on the cooperative work done between the state, county and city to determine the source of the material. Fire Chief Dolder stated that the source has not been identified. He reported on the red tide typical for this time of year; that the red tide is coincidental and has no bearing on the problem. He informed Council that the public needs to know that every resource of staff is being used to find the source of the problem and that staff will continue to work around the clock. City Administrator Silver reported on the business people and others with whom the city has kept in touch regarding the problem. Mayor Green stated that he believes the press has been handling this issue very well, as have the employees who have been working 16 hour days. Mayor Pro Tem Garofalo commended the Fire Chief for his handling of this situation, In response to Mayor Pro Tern Garofalo, Fire Chief Dolder stated that prior to the new legislation the beach would not have been closed. PUBLIC COMMENTS DEAN KITANO AND MARTIN SENNAT, Attorney of record for the Preservation Society of Huntington Beach Dog Beach and its President, respectively, presented a check in the amount of $5,000 to the Mayor and City Council for the beach clean up of sewer contamination. They stated that they would like the city to view the Preservation Society as a means of support for the beach bluffs and surrounding area. MAUREEN RIVERS, representative of the Huntington Beach Historical Society, invited the Council and audience to a Civil War re-enactment in Central Park on Saturday, September 4 and Sunday, September 5, 1999. CHUCK SCHEID, expressed his concerns on what he believes constitutes a retirement tax override relative to the City Council's adoption of the tax rate. He recommended setting up a special reserve account of $4 million each year to cover paying back the citizens once a court reverses the ruling on what he believes is an ill-advised decision to pass the resolution relative to the city's tax rate. Councilmember Harman stated he had received the City Attorney's opinion concerning this matter and that he will place it as an agenda H-item at the next regularly scheduled Council meeting. He requested that said opinion be available to the public. Councilmember Sullivan stated he would like to recommend a motion at the next regular meeting to reconsider the issue. 689 08/30/99 -- Council/Agency Minutes -- Page 4 BARBARA BOSKOVICH, thanked staff, especially Jane James, Associate Planner, for her attendance at the community meeting on August 30, 1999 and listening to citizens relative to the proposed demolition permit and asbestos management program not yet in place for the Wal- Mart project. She stated that the Planning Department will schedule another meeting which she hopes will be held in the evening to allow greater public attendance. Ms. Boskovich emphasized the need to have proper demolition procedures due to health and safety reasons. ' CRAIG CARTER, Chairman of Save the Open -space and Parks Alliance (S.T.O.P.), requested to enter on the public record a summary of the community meeting of August 30, 1999 relative to the Crest View Wal-Mart Project. He handed the communication to the City Clerk. Mr. Carter thanked City staff for what he considered to be a productive session. The communication was titled Huntington Beach Community Meeting August 8, 1999, Crest View Wal-Mart Project. ROBERT CRONK spoke regarding his attendance at what he believes was the most productive meeting to date on the Crest View, Wal-Mart Project. He stated he understands that Wal-Mart is filing an action to overthrow the right of the people to have an election on this issue. He stated that Wal-Mart spent $250,000 in the city of Eureka to put a referendum on the ballot which required only 2,000 signatures. Mr. Crank stated that the voters in Eureka defeated the measure. He stated that the residents of Huntington Beach Crest View United, with a grass- roots campaign Qf 22,378 signatures from voters, have a voice on what happens at the site. Mr. Cronk referred to a communication from Mayor Pro Tern Garofalo relative to random versus full count of petition of signatures. At the request of the City Administrator Silver, Planning Director Zelefsky reported at length on concerns presented in Councilmember Sullivan's memorandum to the City Administrator titled Crest View School - Wal-Mart Project (not dated) which had been introduced into the meeting by City Administrator Silver. He stated that the city can not add conditions to the issuance of a demolition permit that did not exist during the public hearing process. If the school district complies, then the Air Quality Management District (AQMD) must honor the demolition permit. Planning Director Zelefsky's report included the demolition permit process and the grading permit process. Councilmember Harman questioned the process relative to asbestos removal and Planning Director Zelefsky and Planning Department Inspection Manager Bill Grove reported. Staff spoke relative to asbestos and toxins, stating that the property owner is responsible for the management plan, and commenting on some conditions tied into grading, and stated that no conditions were tied into demolition permit. Councilmember Harman requested the time frame and what the public can do if they have concerns regarding the demolition as it pertains to asbestos. Further discussion was held between the Council and staff regarding procedure. Planning Director Zelefsky responded to Councilmember Dettloffs questions regarding demolition and grading and how this issue arose. Councilmember Sullivan spoke regarding the City Council public hearing on the Wal-Mart project at which time Council had been advised by staff that conditions could not be put on the Conditional Use Permit. He stated that this advice has been found to be erroneous. N'1 08/30199 -- Council/Agency Minutes — Page 5 Councilmember Sullivan stated that mistakes are understandable; however, he believes this matter requires correction. Planning Director Zelefsky stated that it is conceivable that Wal-Mart could proceed with asbestos removal if approval from the Air Quality Control District is obtained. City Attorney Hutton informed Council of matters relative to violating Brown Act provisions as this subject is not on the agenda. Councilmember Sullivan presented reasons why he believed this subject should be discussed and a vote taken. A motion was made by Sullivan, second Harman, regarding the need to take action regarding direction for staff to provide notice for public hearing to be held September 20, 1999 for Council to consider amendment of conditional use permit on Wal-Mart project relative to appropriate conditions of asbestos removal/demolition permit which arose subsequent to the posting of the agenda pursuant to Government Code Section 54954.2(b)(2). The motion carried unanimously with Councilmember Bauer recorded absent. Discussion was told between the City Council and staff including discussion regarding the communication from STOP (Save the Open Space and Parks Alliance) dated August 30, 1999 titled Huntington Beach Community Meeting August 30, 1999, Crest View - Wal-Mart Project. The City Clerk reported that the Brown Act provides that any communication presented at or during a meeting by the City Council or staff, must be available to the members of the public immediately; and that communications presented by members of the public during. a meeting must be made available in the City Clerk's Office the morning following the Council Meeting. City Attorney Hutton reported on issue regarding notification of the public relative to City Council public hearings. Planning Department Inspection Manager Bill Grove reported that the rules that protect the public relative to asbestos removal are governed by the Air Quality Management District. Councilmember Sullivan presented questions regarding the initiative petition as to the date when it may be presented to the City Council. He questioned if a moratorium on demolition permits could be made to avoid demolition because of the pending petition. City Attorney Hutton stated that if this were done it would require a moratorium to be set on all permits city wide. Councilmember Sullivan stated that his point is that the vote was taken by the City Council during the City Council public hearing on the Wal-Mart project based on information that the city could not condition the demolition permit and that this information had been erroneous. Councilmember Harman stated that he agreed with Councilmember Sullivan, and spoke further on the matter. 691 08/30199 — Council/Agency Minutes — Page 6 (CITY COUNCIL) APPROVED DIRECTION FOR STAFF TO PROVIDE NOTICE FOR PUBLIC HEARING TO BE HELD SEPTEMBER 20, 1999 FOR COUNCIL TO CONSIDER AMENDMENT OF CONDITIONAL USE PERMIT ON WAL-MART PROJECT RELATIVE TO APPROPRIATE CONDITIONS OF ASBESTOS REMOVAUDEMOLITION PERMIT (420.40) A motion was made by Harman, second Sullivan that staff be directed to post the appropriate notices for the public hearing to be held September 20, 1999 for the City Council to consider amending the Conditional Use Permit on the Wal-Mart project relative to conditions that are appropriate prior to issuance of the demolition permit and that staff be directed to prepare a staff report on this matter. Planning Department Inspection Manager Bill Grove responded to questions from Mayor Pro Tem Garofalo) regarding asbestos removal and demolition. Planning Director Zelefsky read from a communication dated August 26, 1999 to Assistant City Administrator Fallon from Planning Department Permit Plan Checker Khanh Nguyen (Acting Director of Building and Safety Department) titled Asbestos Removal at Crest View Related to Demolition Permit which described the city and Air Quality Management District process for asbestos removal at Crest View related to demolition permit. He responded to Councilmember Dettloff as to whether the hearing would be limited to only conditions regarding the demolition permit, In response to Council's questions regarding whether legal action was being taken against the initiative petition, the City Attorney stated that they have been informed that the lawsuit will be filed by the developers tomorrow. City Clerk Brockway announced that letters referred to during this meeting are available immediately. City Administrator Silver stated he has been informed by the City Attorney that staff will have to issue a demolition permit if Wal-Mart comes in with the appropriate permit. City Attorney Hutton clarified the reasons for which moratoriums can be imposed by the city. Councilmember Julien read from a communication from the Air Quality Management District which was attached to the aforementiond communication dated August 26, 1999 titled Asbestos Removal at Crest View Related to Demolition Permit which described the city and Air Quality Management District. Planning Department Permit Plan Checker Khanh Nguyen responded that Air Quality Management District is the main charge for all asbestos removal and informed Council that it must be kept in mind that it will be removed prior to demolition. He stated that the Environmental Protection Agency does not have any approval. City Attorney Hutton stated that she believes the developer would be going on its own, knowing that an initiative election is pending, and that it is at the developer's risk. Planning Director Zelefsky responded to Councilmember Sullivan's questions regarding the process for issuance of a demolition permit. Planning Department Permit and Plan Checker Manager Khanh Nguyen reported further on the matter. 692 08/30199 — Council/Agency Minutes — Page 7 A vote was then taken on the motion made by Harman, second Sullivan. The motion carried by the following roll call -vote: AYES: Green, Dettloff, Harman, Sullivan NOES: Julien, Garofalo ABSENT: Bauer (CITY COUNCIUREDEVELOPMENT AGENCY) RECEIVED AND FILED STAFF RESPONSES ACCEPTING MODIFICATIONS TO THE PRELIMINARY CITY BUDGET 1999 2000 — 2000/2001 (320,20) The City Council considered a communication from the City Administrator dated August 25, 1999, transmitting reports and informational material regarding the proposed 1999/2000- 2000/2001 City budget together with responses to the August 9, 1999 City Council budget workshop inquiries. Discussion was held between the Public Works Director and Council regarding proposed traffic signal installations. Councilmember Harman referred to Exhibit C of the communication titled Proposed 1999 Traffic Signal l�s alla on Priority List. He presented questions regarding the proposed traffic signal installations stating that he does not believe Heil Street and Graham Avenue intersection justifies a traffic signal in comparison to the Adams Avenue entrance to the MervynslTarget. He questioned how Council may revise this list and the City Administrator reported. The City Administrator also stated that this item will appear on the September 7, 1999 City Council Agenda. Councilmember Dettloff requested when this item is presented to Council on September 7, 1999 if the criteria and rationale of the development of the priority list could also be presented. Councilmember Dettloff questioned why Newland Street and Hamilton Avenue does not have a higher priority. Mayor Pro Tem Garofalo requested that information be presented at the September 7, 1999 Council meeting as to which intersections are going to have left turn green arrows. Councilmember Harman stated his opinion that a Code Enforcement Officer is needed City Administrator Silver responded to the need for a Code Enforcement Officer that he requires more time to evaluate the proposed plan which would allow for only one, and that he will have a meeting of the Neighborhood Preservation Program which will address this issue. Councilmember Harman stated that he would like to know what the opinions of the merchants are on the subject signalization of Adams Avenue at the Mervyns and Target driveways. Councilmember Sullivan spoke regarding the request from the Friends of the Children Library that the city hire a full time story teller. The City Administrator stated that on September 7, 1999 the library fee will be under consideration and the issue of employing a story teller will be presented at that time. Councilmember Sullivan stated that he would like this position to be funded from the General Fund. Councilmember Dettloff requested a report regarding the feasibility of this issue. 693 O8130199 — Council/Agency Minutes — Page 8 Police Chief Lowenberg responded to Councilmember Harman regarding the request in the budget for parking control officers relative to the Twice Per Month Street Sweeping Program, as well as a supervisory positions in the Vice Division, Councilmember Harman inquired about finding for the New York attorneys hired during the 1996 Orange County bankruptcy, City Attorney Hutton responded that approximately $500,000 is payable. A motion was made by Garofalo, second Green to receive and fife the staff responses to the August 9, 1999 City Council Meeting budget work shop inquiries. The motion carried unanimously with Bauer recorded absent. COUNCILIAGENCY ADJOURNMENT-, To Tuesday, September 7, 1999, at 5.00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST - City Clerk/Clerk City C erk 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 694