HomeMy WebLinkAbout2001-06-18Minutes
City Council/Redevelopment Agency
City of Huntington Beach
5:00 P.M. - Room B-8
7:00 P.M. - Council Chamber
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Monday, June 18, 2001
An audiotape of the 5:00 p.m. portion of this meeting
and a videotape of the 7:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Call to Order
Mayor Julien Houchen called the regular meetings of the City Council and the Redevelopment
Agency of the City -of Huntington Beach to order at 5:08 p.m. in Room B-8.
City Council/Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent: Dettloff
(City Council) Postponed to a Date Uncertain —Annual Joint Study Meeting between the
City Council, City Treasurer Shari Freidenrich and the Investment Advisory Board (IAB)
(301.10)
City Treasurer Shari Freidenrich announced that the above captioned study session is to be
rescheduled to a date as yet not determined.
Public Comments
Ron Davis spoke in opposition to the City Attorney's Legal Opinion (Request for Legal
Services) RLS 2001-441 accompanying the Council agenda item on Councilmember Garofalo's
absences from the May 21, 2001 and June 4, 2001 meetings. He stated his opinion that the
proceedings of any future meetings will be jeopardized if Section 312 of the City Charter were to
be violated. Mr. Davis suggested a procedure involving declaring Councilmember Garofalo's
seat vacant, then calling a special meeting for reappointment.
Motion to Recess to Recess to Ribbon -Cutting Ceremony of Replacement Fire Engines
and Motion to Recess to Closed Session — Approved (160.10)
A motion was made by Boardman, second Green to recess to a ribbon -cutting ceremony to view
the replacement fire engines and to recess to Closed Session on the following items. The
motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(2) June 18, 2001 - Council/Agency Minutes- Page 2
1. (City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to
confer with its attorney regarding pending litigation which has been initiated formally and to
which the city is a party. The title of the litigation is City of Huntington Beach v. KJ
Enterprises, et al., Orange County Superior Court Case No. 01 CC04184. Subject: City of
Huntington Beach v. KJ Enterprises, et al. (120.80)
2. (City Council) Closed Session — 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 Tierrasanta v. City of Huntington
Beach, Orange County Superior Court Case No. 77 59 93. Subject: Tierrasanta v. City
of Huntington Beach. (120.80)
3. (City Council) Closed Session — 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 Buhrow v. City of Huntington Beach, et
al.; Orange County Superior Court Case No. OOCC04374. Subject: Buhrow v. City of
Huntington Beach, et al. (120.80)
4. (City Council) Closed Session — 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 Bunnett v. City of Huntington Beach,
U.S. District Court Case No. CV-00-00080. Subject: Bunnett v. City of Huntington
Beach. (120.80)
5. (City Council) Closed.Session — 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 Ionic Construction Company v. City of
Huntington Beach, et al., Orange County Superior Court Case No. OOCC03470. Subject:
Ionic Construction Company v. City of Huntington Beach. (120.80)
6. (City Council) Closed Session — 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 Huss, et al. v. City, et al., U.S. District
Court Case SACV 98-249 AHS (ANx); Purner, Svendsbo v. City, U.S. District Court SACV
00-361 (DOC (ANx)). Subject: Huss, et al. v. City, et al., SACV 98-249 AHS (ANx)
Purner, Svendsbo v. City SACV 00-361..(120.80)
7. (City Council) Closed Session — Pursuant to Government Code Section
54956.9(b)(2)(B) to confer with its city attorney regarding pending litigation. Facts and
circumstances, including, but not limited to, an accident, disaster, incident, or transactional
occurrence that might result in litigation against the agency and that are known to a
potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the
agenda or announced. Subject: Tort Claim 2000-78 Amended and 2000-88 Sanli,
Pastore & Hill. (120.80)
8. (City Council) Closed Session — Pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiator, William Workman, Assistant Administrator; and Matt
Lamb, Real Estate Services Manager, regarding negotiations with AES Huntington Beach,
LLC or its affiliates concerning the purchase of the property for the Southeast Reservoir
Acquisition located in the Northwest quadrant of Assessor Parcel No. 114-150-84 with the
(3) June 18; 2001 - Council/Agency Minutes- Page 3
approximate dimensions of 460.96' by 4725; specifically bound on the north side by
Edison Avenue and bound on the west side by Newland Avenue. Instruction will concern
Price and Terms of Payment. Subject: Real Estate Negotiations re Southeast
Reservoir Acquisition, APN 114-150-84 located on the north side of Edison Ave. and
the west side of Newland Ave. (120.80)
7:00 P.M. - Council Chambers
Reconvened City Council/Redevelopment Agency Meeting
City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant
to Government Code §54957.1(a) (3) (B)) — Re: Bunnett v. City of Huntington Beach, U.S.
District Court Case No. CV-00-00080 (120.80)
Assistant City Attorney Scott Field reported out that on Monday, June 18, 2001, the City Council
convened in closed session to discuss the matter of Bunnett v. City of Huntington Beach, U.S.
District Court Case No. CV-00-00080. The City Council voted as follows:
A. The Council found that Officers Miller and Shields:
1. Were acting within the scope of their employment at the time of the event in question;
2. Were acting in good faith without actual malice, and in the apparent best interest of the
City; and
3. Payment of any award of punitive damages would be in the best interest of the City.
B. Based upon their. findings the Council agreed to indemnify Officers Miller and Shields
against any punitive damages that might be awarded. The motion carried by the following
roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant
to Government Code §54957.1(a) (3) (B)) Re: Tierrasanta v. City of Huntington Beach,
Orange County Superior Court Case No. 77 59 93 (120.80)
Assistant City Attorney Scott Field reported out that on Monday, June 18, 2001, the City Council
convened in closed session to discuss the matter of Tierrasanta v. City of Huntington Beach,
Orange County Superior Court Case No. 77 59 93. The City Council voted not to seek
Supreme Court review of the Court of Appeal Decision. The motion carried by the following roll
call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(4) June 18, 2001 - Council/Agency Minutes- Page 4
City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant
to Government Code §54957.1(a) (3) (B)) Re: Tort Claim 2000-78 Amended and 2000-88
Sanli, Pastore & Hill. (120.80)
Assistant City Attorney Scott Field reported out that on Monday, June 18, 2001, the City Council
convened in closed session to discuss the matter of Tort Claim 2000-78 Amended and 2000-88
Sanli, Pastore & Hill. The City Council voted to settle for $82,000 from the original bill of
$99,675.81. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
City Council — Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
Absent: Dettloff
Flag Ceremony and Pledge of Allegiance — Cub Scout Pack 278 Webelos, Village View
Elementary School, co -leaders Debbie and John Briscoe.
Invocation — Led by Assistant City Administrator William Workman
The City Clerk Announced Late Communications
Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced the following Late
Communications regarding agenda items that had been received following distribution of the
packet:
Communication dated June 18, 2001 from Mayor Pro Tern Debbie Cook transmitting her
announcement of appointment to the Public Works Commission. Communication titled "C" Item
for the June 18, 2001 City Council Meeting — Appointment to Public Works Commission.
Slide show presentation dated June 18, 2001 from Shari Freidenrich, City Treasurer titled
Treasurer's Report.
Slide show presentation dated June 18, 2001 from the Planning Department titled Appeal of
Conditional Use Permit 0 1- 15 — Expo Design Center 6912 Edinger Avenue.
Communication dated June 18, 2001 from the Department of Public Works transmitting a
revision to Attachment No. 3 relating to the effective date of the Commercial Refuse Rate.
Communication titled Late Communication.
Slide show presentation from the Public Works Department titled Residential Refuse Rate.
Communication received from the Public Works Department dated June 18, 2001 requesting
the removal by the Subdivider, Angus Petroleum Corporation of two items from the agenda
relative to the Guarantee and Warranty Bonds for Tract Nos. 12746 and 12747.
(5) June 18, 2001 - Council/Agency Minutes- Page 5
Slide show presentation submitted by the Community Services Department to the City Clerk's
Office on June 18, 2001. Slide show presentation titled Central Park Sports Complex —
Permission to Advertise for Construction Bids.
Communication dated June 18, 2001 from the City Attorney's Office. transmitting a revised
contract amendment. Communication titled Holly-Seacliff Traffic Impact Fee; MuniFinancial
Contract Amendment; Agenda Item No. F-2.
Presentation — From Cheri Carroll, Major Account Executive and Jerry Dominguez, Regional
Manager, from Southern California Edison Company, to Mayor Pam Julien Houchen, the City
Council, and Director of Public Works Robert F. Beardsley, a rebate check of $500,000, to the
City of Huntington Beach, resulting from the city making traffic signal modification improvements
which have resulted in significant energy savings to the city.
Mayor's Award presented by Mayor Julien Houchen to Lieutenant Chuck Thomas, Police
Department.
Public Comments
Shirley Carey, Chair, Children's Needs Task Force (CNTF) spoke in support of the Council
Liaison Committee agenda item on the Multi -Service Family Resource Center. She stated that
the Request for Council Action item on the City Council Agenda is for approval of the
application process for Proposition 10 grant funding in order to meet the June 26, 2001
deadline. Ms. Carey reiterated that the CNTF will bring a full report back to Council in August
2001 for final approval.
Jim Peters relayed an example of the wonderful Police Department response he received from
several members of the force who assisted him in looking for and finding his young son with
disabilities who was temporarily lost.
Bea Hanser read a letter from the President of the Friends of the Library expressing the opinion
that the Huntington Beach Playhouse ought to pay its "fair share." Ms. Hanser quoted from the
letter that the Library has not had been available to other groups entitled to primary use of the
site.
Bart P. McGrath, Huntington Beach Library Patrons Foundation informed Council that he and
his spouse have lent their support to the Library with a combined 60 years of service to the
board.
Reverend Dori J. Somers, member, Friends of the Library, expressed the opinion that the
Library is not reserved for the exclusive use of the Playhouse, and yet it has had to subsidize
the theater group. Reverend Somers stated that he believes it is incumbent upon the
Playhouse to pay its fair share.
Linda MacDonell, Huntington Beach Library Board of Trustees, read from a letter co -written by
the Chair and past Chair of the Board relative to their dissatisfaction with the substance of the
communication received from the Playhouse; that the lease negotiations contain inaccuracies
and misconceptions. She stated that the Board is seeking increased fiscal. responsibility on the
part of the Playhouse, as it reflects market value. Ms. MacDonnell stated the Library is
subsidizing the Playhouse which she stated is currently enjoying preferential treatment. She
(6) June 18, 2001 - Council/Agency Minutes- Page 6
applauded the Library Services Director for the high quality of the services and materials the
Library provides, and commended the efforts of the many Library volunteers.
Sonia Freeman, Friends of the Children's Library, spoke regarding the "issues" between the
Playhouse and the Library. She informed Council of how much she enjoys the Children's
Library program. Ms. Freeman stated that the Playhouse should. not be subsidized and that it
should raise funds.
Jo Anne Rankin, Vice President, Friends of the Library, informed Council how she has listened
to both sides of the Library -Playhouse issue. She expressed the opinion that the Playhouse is
draining the budget with its lease payment as the facility could otherwise be rented at market
value of $150 per month or more. Ms. Rankin suggested what she believes to be a logical
solution; that of revenue -raising efforts on the part of the Playhouse.
Lynn Scott, Friends of the Children's Library, spoke in support of Library groups promoting
literature, puppetry and magic shows for children. She stated that for cost reasons she opposes
what she considers to be the subsidizing of the Playhouse by the city, mentioning the 5%
General Fund budget cut -back. Ms. Scott invited everyone to a Festival of Folktales to be held
on Tuesday, June 19, 2001 to kick off the children's reading program.
Clark Wardle, Makar Properties LLC representative, informed Council of the tour conducted by
his company, the developer of the "31 Acre" site for the Native American Heritage Association to
review archaeological issues. He spoke regarding stone instruments and shell fragments
discovered on the property known as ORA 149, which is located under Huntington Street and
the Pacific Mobile Home Park on Pacific Coast Highway. Mr. Wardle distributed communication
to Council and the City Clerk titled Pacific City News Release.
Tim Geddes, stated his intent to speak as a member of the Executive Board of the Southeast
Huntington Beach Neighborhood Homeowners' Association. Mr. Geddes expressed opposition
to AES Huntington Beach LLC as a neighbor, stating that the power plant is guilty of "economic
treason" as it is detrimental to the quality of life in his community.
Denise Cassaro submitted photographs of her two dogs that were killed by pit bulls. She
stated that she is circulating a petition to keep the dogs from being returned to their owner.
Ms. Cassaro presented a copy for Council, requesting assistance in this matter.
The City Council and City Administrator Ray Silver reported steps will be taken to investigate
which include a review of: 1) the communication received from the Orange County Animal
Control agency; 2) the Planning Department's code enforcement regulations; and 3) the
potential for referral to the Public Nuisance Task Force.
Dominick Giambona concurred with the previous speaker, Ms. Cassaro. Mr. Giambona
expressed his fear that his son will be harmed by the pit bull dogs.
Joe Cassaro echoed the other speakers' comments in opposition to having the pit bull dogs
returned to their owner, stating his dissatisfaction with Animal Control's response.
Eve Morland cautioned of the need for destroying the pit bull dogs, stating the additional benefit
of that action for the neighborhood in terms of relieving blight.
(7) June 18 2001 - Council/Agency Minutes- Page 7
Keith Castillo spoke in support of the DARE Program, requesting that the drug prevention
educational program continue to be funded by the city.
Tom Knipper, St. Bonaventure Parish member, stated his support of the benefits provided by
the DARE Program as being inclusive of all community, and not only at -risk alcohol and
substance abuse groups.
City Administrator Silver clarified that the 5% General Fund budget shortfall is responsible for
prompting the public comments on the Playhouse and the DARE Program.
Wink Williams expressed his concern over the possible elimination of the DARE Program and
his hopes for its continued funding support. He informed Council that his son has been a
recipient of the drug awareness program's services. Mr. Williams read from a 1997 North
Marion, Oregon study regarding DARE Program control groups.
Brayton Williams read his DARE essay, stating a commitment to exercise as his "anti -drug."
Mr. Williams stated his aspirations to becoming a doctor to find a cure for such diseases as
emphysema.
Sarah Battis, member, St. Bonaventure Parish, informed Council of her involvement as a
parent and as a Boys' and Girls' Scouts troop leader. Ms. Battis spoke in support of the DARE
Program, which she stated has augmented her at-home teaching of subjects such as promoting
respect for the Police.
Patrice Pineda concurred with the previous speakers, stating that the DARE program teaches
young children to interact with the Police in a positive manner.
Geoff Klein expressed his opposition to the city's proposed discontinuation of the DARE
program. Mr. Klein stated that instilling the knowledge in children to "just say no" to drugs can
make the difference in the prevention of serious harmful consequences.
Robbie Richardson shared his DARE commitment statement, speaking about how his life has
changed for the better over the past year due to the drug awareness program. Mr. Richardson
informed Council that his "anti -drug" is playing sports.
Blythe R. Horvath spoke regarding statistics on teenagers' deaths. Ms. Horvath read a poem
about drinking and driving, stating that she would like to become a police officer to help save
lives.
Mark Horvath informed Council that his daughter Blythe who had just recited for Council, wrote
the. poem against drinking and driving three years ago and spoke regarding the effect of his
daughter's poem on him.
Steve Olim spoke in opposition to the noticing procedures used for Bowen Court Senior
Complex on Lake Street. Mr. Olim expressed his belief that Mayor Julien Houchen had voted
against the project for reasons similar to his; that of lowered property values caused by low-
income rental housing.
Don McGee spoke in reference to the DARE Program, stating he is against low flying planes
towing banners of alcohol ads. Mr. McGee spoke in opposition to the cost of the proposed
(8) June 18, 2001 - Council/Agency Minutes- Page 8
Huntington Central Park (HCP) Sports Complex on the agenda as costing more than shown on
the Measure C ballot.
Lou Baker encouraged the city to explore alternative, readily available sources of energy, such
as the ocean. He recommended that an "Energy Fair" be held for people to present their
products, distributing a handout to. Council. Mr. Baker stated that the cost -savings would allow
continued funding for both the Playhouse and the DARE Program.
Norm Westlwell spoke in opposition to the DARE Program as ineffective, and against
insurance required of people renting public facilities as excessive. He distributed a
communication listing his position in favor of Council approval of two agenda items: 1) the
Public Hearing on the Home Expo Design Center at Edinger Avenue and Goldewest Street; and
2) the proposed Huntington Central Park (HCP) Complex. Mr. Westwell expressed his
opposition to several other agenda items.
Joey Racano rebutted the comments of a previous speaker, the representative of the 31 Acres
developer. Mr. Racano stated his belief that the property known as Ora 149, the project site on
Pacific Coast Highway and Huntington Street contains more archaeological specimens than
was previously claimed.
Olivia Hawkinson informed Council that she came to say "good-bye" as she was leaving
shortly for Israel to study and write, after three years as a reporter for the Orange County
Register. Ms. Hawkinson recounted many memorable experiences covering her beat in
Huntington Beach.
Mayor Julien Houchen thanked Ms. Hawkinson for her good service to the community.
(City Council) City Council and Staff Responses to Public Comments
(City Council) Statement Made by Deputy Executive Director Re: Bowen Court Senior
Complex Noticing Requirements (600.30)
Economic Development/Deputy Executive Director David Biggs responded to Council/
Redevelopment Agency member Garofalo's inquiry. Director Biggs stated that the City/Agency
had met and exceeded the noticing requirements relative to the June 4, 2001 Public Hearing on
the Bowen Court Senior Complex at Lake Street and Yorktown Avenue.
(City Council) Statement Made by Chief of Police re: the DARE Program (570.20)
Police Chief Ronald Lowenberg responded to Council/Agency Member Garofalo's suggestion to
seek out alternative drug awareness programs and adopt one using the DARE curriculum.
Chief Lowenberg cautioned that the curriculum is under the auspices of the program.
(City Council) Statement Made by the City Administrator re: the Budget Workshop
Planned for July 23, 2001 (100.10)
City Administrator Silver reported on the adjourned regular meeting to be held on July 23, 2001
on the city budget. He informed Council that a series of such budget workshops will address
the city's Strategic Plan and the need to reduce the budget.
(9) June 18; 2001 - Council/Agency Minutes- Page 9
(City Council) Approved Submittal by the Children's Needs Task Force of a State of
California Proposition 10 Grant Application to Develop a Multi -Service Family Resource
Center — "One Stop Center" for Children's Needs (Health/Medical Options/Educational
Resources/ Child/Family Counseling) Conditioned, as Amended, on Identification of Lead
Agency and Study of Additional Funding for.Return to Council Approval in August 2001
(570.70)
The City Council considered a communication from the Children's Needs Task Force Council
Liaisons Mayor Pam Julien Houchen and Councilmember Shirley Dettloff informing Council that
the Children's Needs Task Force (CNTF) has identified an opportunity to partner with other
organizations to develop a multi -service Family Resource Center through a Proposition 10
grant.
The Children's Needs Task Force (CNTF) is an effective working group of well connected and
committed community members implementing a well -developed action plan with great success.
Recent evidence includes the initiation of the citywide Character Awards and the wide
distribution and endorsement of the city's Resolution for Children and Families. The CNTF is
now working on its next major goal, one that has been "on the burner" since the Task Force was
convened by former Mayor Moulton -Patterson in 1995, that of a Family Resource Center.
Mayor Pam Julien Houchen and Shirley Dettloff, CNTF Council liaisons, are in agreement with
the CNTF concerning the need for the center.
Cathy McGough, Vice Principal, Huntington Beach Adult School reported on the proposed
Family Resource Center.
Councilmember Bauer expressed concerns relative to the continued funding support of the
grant recipients after the city has approved the initial application. He presented the city's
Project Self -Sufficiency program as an example of a social service function that needs to be
sustained.
Mayor Julien Houchen identified that there is a lead agency, the Children's Needs Task Force
(CNTF) and requested the Chair of the CNTF, Shirley Carey to speak regarding the application
process.
A motion was made by Julien Houchen, second Green to:
1. Approve the submittal of a Proposition 10 grant application, as amended, conditioned on
when item returns in August 2001, that alternatives be studied as to what is the lead
Agency and how to be followed through if no more Proposition 10 funding available.
and
2. Request that the Children's Needs Task Force bring a full report back to City Council in
August, 2001 for final approval.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(10) June 18, 2001 - Council/Agency Minutes- Page 10
(City Council) Continued from June 4, 2001 — Received Announcement of Appointment of
George Mason for Public Works Commissioner by Mayor Pro Tern Debbie Cook for a
Term to Coincide with Councilmember Cook's Term of Office (11.0.20)
Mayor Pro Tern Cook announced her appointment of George Mason for Public Works
Commissioner to coincide with her term of office. Mayor Pro Tern Cook submitted a Late
Communication dated June 18, 2001 titled "C" Item for the June 18, 2001 City Council Meeting
— Appointment to Public Works Commission that had been announced by the City Clerk earlier
in the meeting.
(City Council) Continued from June 4, 2001 — Received Announcement of Appointments
for Public Works Commissioners by (1) Mayor Pam Julien Houchen of Dina Gartland —
(2) Councilmember Ralph Bauer of Bill Hartge and (3) Councilmember Shirley Dettloff of
Stan Piechota (110.20)
The City Council considered a communication received from Mayor Julien Houchen and
Councilmembers Bauer and Dettloff that at the June 4, 2001 City Council meeting, the new
process for appointing Public Works Commissioners was activated. Due to the term expirations
of four of the existing seven commissioners on June 30, 2001, City Councilmembers drew lots
to determine which Councilmembers would be give the opportunity to make an individual
appointment to the Public Works Commission.
Based on the drawing, the Mayor and the City Councilmembers announced their appointments
listed below. This process was adopted by ordinance at the December 4, 2000 City Council
meeting.
Mayor Pam Julien Houchen announced her appointment of Dina Gartland, term to expire
December 2004.
City Councilmember Shirley Dettloff appointed Stan Piechota, term to expire December 2002.
City Councilmember Ralph Bauer announced his appointment of Bill Hartge, term to expire
December 2002.
City Administrator's Report - Received PowerPoint Presentation on Department
Spotlights — Community Services Department and the Economic Development
Department (with the Public Works Department) Re: (1) Bluff Top Park Railing, (2) Habitat
for Humanity Houses and (3) Fifth Street Parking Improvements (160.10)
The City Administrator provided for Council consideration a summary report regarding three
projects recently completed by the Community Services Department and the Economic
Development Department (with the Public Works Department) on 1) Bluff Top Park Railing, 2)
Habitat for Humanity Houses, and 3) Fifth Street Parking Improvements.
City Administrator Silver presented the PowerPoint slide report titled Department Spotlights —
Community Services — Economic Development included in the agenda packet.
(11) June 18, 2001 - Council/Agency Minutes- Page 11
City Administrator's Report — City Council Approved City to File Appeal of SCAQMD
(Southern California Air Quality Management District) Rule 1309. 1 Re: Permit Issuance
for Purchase of Air Pollution Credits by AES Huntington Beach, LLC Power Plant for the
Retooling of Units .3 and 4 (520.75)
The City Council considered a communication received from Administrative Services Director
Clay Martin providing the following report on the above captioned subject:
Background
At the City Council Meeting of April 16, 2001, City Council Member Ralph Bauer submitted an
H-item (Council memo) related to the purchase of air pollution credits by the AES Huntington
Beach Power Plant (AES). The two recommended actions that were approved by the City
Council at that meeting directed staff to:
1. Intervene in the negotiations between AES and SCAQMD to prevent the purchase of any air
pollution credits; and
2. Request the Mayor to send a letter protesting the purchase of any air pollution credits to
Newport Beach City Council Member Norma Glover (League of Cities representative to the
SCAQMD Board of Directors).
Summary
The following summary presents the results of this effort for further Council review and
discussion.
The Governing Board of the South Coast Air Quality Management District (SCAQMD) issued
AES Huntington Beach a permit to proceed with construction/operation of Units 3 and 4 on
May 30, 2001. At issue was the availability of pollution credits required by AES to operate Units
3 and 4.
The permit was issued by the Governing Board despite AES' failure to obtain a contract from
the State Department of Water Resources (DWR) to sell power. The city of Huntington Beach,
among others, successfully lobbied to have SCAQMD Rule 1309.1 amended to require AES to
have a signed contract with the DWR insuring that they would sell the electricity generated by
Units 3 and 4 in the State of California. As of June 8, 2001, AES does not have a signed
contract with DWR.
As stated in the staff report, in addition, staff believes that AES should be required to
demonstrate the following:
AES meets best available retrofit control technology (BARCT).
Units 3 and 4 will not cause significant increases in toxic emissions.
AES is in compliance with all record keeping, monitoring, and reporting
requirements.
The staff report further stated that the city can appeal the ruling within 30 days from the date of
issuance (deadline — June 28, 2001).
(12) June 18, 2001 - Council/Agency Minutes- Page 12
An attachment from Councilmember Bauer dated April 10, 2001 and titled "H" Item for April 16,
2001 City Council Meeting — Purchase of Air Pollution Credits by A.E.S. is included in the
agenda packet.
Administrative Services Director Clay Martin presented an oral report.
City Clerk Connie Brockway produced a copy of the set of minutes of the aforementioned
April 16, 2001 Council meeting, after which Assistant City Attorney Scott Field and Real Estate
Services Division Manager Matthew Lamb presented oral reports on the steps taken
subsequent to said meeting.
City Administrator Silver informed Council that the SCAQMD will hold a hearing at the
Huntington Beach Public Library on Wednesday, June 27, 2001 at 6:30 p.m.
A motion was made by Bauer, second Boardman to authorize the filing of appeal of SCAQMD
Rule 1309.1. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(City Council) Reviewed and Accepted City Treasurer's April 2001 Investment Summary
Report (310.20)
The City Council considered a communication from the City Treasurer Shari Freidenrich
transmitting the Monthly Investment Report for April 2001.
City Treasurer Freidenrich delivered the PowerPoint presentation that had been announced
earlier by the City Clerk as a Late Communication is dated June 18, 2001 and titled Treasurer's
Report.
Councilmember Garofalo stated that he will move with one question, inquiring regarding the
June 30, 2000 cash flow report reviewed by the Investment Advisory Board (IAB) in July of
2000.
A brief discussion was held relative to the cashier/utility system to go live October 2001.
A motion was made by Garofalo, second Green to review and accept the monthly report.
Following review of the report, by motion of Council, accept the Monthly Investment Report
Summary of Investment Portfolio for April 2001, pursuant to Section 17.0 of the Investment
Policy of the City of Huntington Beach. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(13) June 18, 2001 - Council/Agency Minutes- Page 13
(City Council) Public Hearing - Approved Appeal Filed by Riggs Thayer of the Planning
Commission's Approval of Conditional Use Permit No. 01-05 (Expo Design Center — s/w
Corner of Edinger Avenue and Goldenwest Street) - Approved Permit of Temporary
Outdoor Sales Display (Gary Thomas, Property Owner) (420.40)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing to
consider:
Applicant/Appellant: Riggs Thayer, Expo Design Center
Request: To permit temporary outdoor sales within a 40-foot by 90-foot tent a maximum of five
(5) times a year, a maximum of 10 days per event. In addition, to permit the year round outdoor
display/retail sales of select merchandise along the front of the store during normal business
hours.
Location: 6912 Edinger (southwest corner of Edinger Avenue and Goldenwest Street)
Environmental Status: This item is categorically exempt from the provisions of the California
Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Planning Director Howard Zelefsky presented the PowerPoint slide report dated June 18, 2001
and titled Appeal of Conditional Use Permit 01-15 — Expo Design Center 6912 Edinger Avenue
that had been announced earlier by the City Clerk as a Late Communication.
Mayor Julien Houchen declared the public hearing open.
Prior to announcing the speakers, the City Clerk restated for the record that the PowerPoint
presentation delivered by Planning Director Zelefsky pertains to this public hearing.
Mike Abbate, Expo Design Center Real Estate Manger, voiced his approval of the staff
recommendation and his opposition to the Planning Commission recommendation to impose
additional conditions on his previously approved project. Mr. Abbate stated that all zoning and
subdivision codes, as well as Urban Design Guideline requirements have been met.
Councilmember Garofalo responded to the public testimonial to ask Mr. Abbate about sales loss
leakage. Mr. Abbate answered with what he termed to be the tangible value being easy to
assess, stating that the revenue generated for the city can be measured with each 10-day,
outdoor display event.
Riggs Thayer, Expo Design Center, announced that he is available to answer any operational
questions with regard to the set-up of the tent for the outdoor display.
Norm Westwell expressed his belief that the Expo Design Center landowner has the best
interest of the city in terms of raising revenue. Mr. Westwell stated that he is of the opinion that
this is a private property issue.
(14) June 18, 2001 - Council/Agency Minutes- Page 14
There being no persons present to speak further on the matter and there being no protests filed,
either written or oral, the hearing was closed by the Mayor.
Councilmember Bauer clarified if the project proponent is satisfied with the approval of four, as
opposed to five as initially requested, outdoor display events per year. Mr. Thayer agreed with
the staff recommendation.
Councilmember Bauer related that the intent of executing the Edinger Corridor Plan is to bring in
business to the city. Councilmember Bauer stated that a review after one year in operation
would be acceptable to him.
A motion was made by Boardman, second Cook to approve Conditional Use Permit No. 01-05
with Findings and suggested Conditions of Approval. (See Attachment No. 2 immediately
following below.*) The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
*Attachment No. 2
Staff Recommendation
Suggested Findings and Conditions of Approval
Conditional Use Permit No. 01-05:
Conditional Use Permit No. 01-05 for the establishment, maintenance and operation of the
temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year, 10 days per event
and the storage/retail sales along the store frontage during normal business hours will not
be detrimental to the general welfare of persons working or residing in the vicinity or
detrimental to the value of the property and improvements in the neighborhood. The
outdoor sales within the tent will be enclosed on three sides to prevent items from being
stored outside the tent. This will also ensure that the traffic flow around the tent is not
impeded by retail items. The outdoor storage adjacent to the building will be surrounded by
a decorative fence to delineate the storage area and to ensure a 5-foot wide walkway is
maintained at all times.
2. The conditional use permit will be compatible with surrounding uses because outdoor
storage/retail sales will be located in a manner that will not impede either pedestrian or
vehicular traffic.
3. The proposed Conditional Use Permit No. 01-05 will comply with the provisions of the base
district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and
Subdivision Ordinance and any specific condition required for the proposed use in the
district in which it would be located. The project complies with all zoning requirements
including parking and setbacks.
(15) June 18; 2001 - Council/Agency Minutes- Page 15
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Commercial General on the subject
property. In addition, it is consistent with the following goal of the General Plan:
a. Goal LU 7 — Achieve a diversity of land uses that sustain the City's economic viability,
while maintaining the City's environmental resources and scale and character.
This project allows Expo Design Center to promote seasonal retail items on a temporary basis
in the tent structure and a permanent basis along the building frontage.
Suggested Conditions of Approval — Conditional Use Permit No. 01-05:
1. The detailed site plan received and dated February 27, 2001 and the overall site plan dated
January 18, 2001 shall be the conceptually approved layout with the following modifications:
a. A 42-inch high barrier shall surround the outdoor retail sales area adjacent to the
building. The barrier shall be in the form of a decorative fence, which shall be approved
by the Planning Department. A minimum 5-foot wide pedestrian walkway system shall
be provided.
b. The tent structure shall be enclosed on three (3) sides to prevent items from being
stored outside the perimeter of the tent.
2. The use shall comply with the following:
a. Service roads and fire access lanes, as determined by the Fire Department, shall be
posted, marked, and maintained. If fire lane violations occur and the services of the Fire
Department are required, the applicant will be liable for expenses incurred. (FD)
b. A minimum 5-foot wide clear sidewalk shall be maintained around the outdoor retail
sales/display area adjacent to the building.
c. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
d. Hours of operation of the temporary outdoor sales within the tent and permanent outdoor
sales adjacent to the building shall be limited to the current business hours (Monday —
Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday 10AM to 6PM).
e. The temporary outdoor sales within the tent shall be permitted four (4) times a year, ten
(10) days per event. The applicant shall notify the Code Enforcement division in writing
ten (10) days prior to each event.
f. Only the uses described in the narrative shall be permitted.
g. The applicant shall obtain all applicable permits from the fire department prior to each
tent sale.
h. No signage shall be permitted on the tent structure.
(16) June 18, 2001 - Council/Agency Minutes- Page 16
i. Prior to commencement of the first tent event or outdoor retail sales/display, submit a
copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for
review and approval and inclusion in the entitlement file to the Planning Department to
the Planning Department for inclusion in the entitlement file.
3. A review of the use shall be conducted by the Staff (Zoning Administrator with report with
public hearing) within one (1) year of the date of final approval (April 24, 2002) to verify
compliance with all conditions of approval and applicable Chapters of the Huntington Beach
Zoning &Subdivision Ordinance. At that time the Zoning Administrator may consider
modifications to the conditions of approval.
4. The applicant shall submit, and the Director of Planning shall review and approve, a plan
detailing where the cart storage will be relocated prior to the commencement of the outdoor
retail sales/display.
5. The Planning Director ensures that all conditions of approval herein are complied with. The
Planning Director shall be notified in writing if any changes to the site plan are proposed as
a result of the plan check process. Building permits shall not be issued until the Planning
Director has reviewed and approved the proposed changes for conformance with the intent
of the City Council's action and the conditions herein. If the proposed changes are of a
substantial nature, an amendment to the original entitlement reviewed by the City Council
may be required pursuant to the HBZSO.
Information on Specific Code Requirements:
1. Conditional Use Permit No. 01-05 shall not become effective until the ten calendar day
appeal period has elapsed.
2. Conditional Use Permit No. 01-05 shall become null and void unless exercised within one
year of the date of final approval which is April 24, 2002, or such extension of time as may
be granted by the Director pursuant to a written request submitted to the Planning
Department a minimum 30 days prior to the expiration date.
3. The City Council reserves the right to revoke Conditional Use Permit No. 01-05, pursuant
to a public hearing for revocation, if any violation of these conditions or the Huntington
Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid
prior to the issuance of Building Permits.
5. The development shall comply with all applicable provisions of the Municipal Code,
Building Department, and Fire Department as well as applicable local, State and Federal
Fire Codes, Ordinances, and standards, except as noted herein.
6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall
be prohibited Sundays and Federal holidays.
7. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign
faces, a building permit shall be obtained from the Planning Department.
(17) June 18, 2001 - Council/Agency Minutes- Page 17
(City Council) Administrative Hearing — Adopted Resolution No. 2001-36 — Approving
Certification of Special Assessments for Delinquent Civil Fines for Municipal Code
Violations (570.60)
Mayor Julien Houchen announced that this was the time scheduled for an administrative
hearing to consider a communication from the City Treasurer and the City Attorney as required
by the California Government Code Section 38377.5 for the purpose of certifying special
assessments against properties where public nuisances have occurred.
A request for Council certification of recording Notices of Special Assessments against private
property for the value of unpaid civil fines, plus interest and penalties, is pursuant to Ordinance
No. 3397 adopted by City Council on June 15, 1998.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
City Treasurer Freidenrich informed Council that as the matrix with the staff report is current
with regard to property assessment.
Mayor Julien Houchen opened the public hearing.
Norm Westwell expressed his opposition to the civil fines, stating that the city will encounter
difficulty in collecting the fees. Mr. Westwell announced his website: modernpublic.com.
There being no persons present to speak further on the matter and there being no protests filed,
either written or oral, the hearing was closed by the Mayor.
A motion was made by Garofalo, second Cook to adopt Resolution No. 2001-36 entitled "A
Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments
for Collection of Delinquent Civil Fines for Municipal Code Violations." The motion carried by
the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(City Council) Public Hearing to Consider Fee Increase for Solid Waste Collection and
Disposal Pursuant to Current Contract Between City and Rainbow Disposal Company —
Adopted Resolution No. 2001-38 (600.45)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing to
consider a communication from the Public Works Department requesting that Council make its
annual review of the Refuse Collection and Disposal Services Franchise Agreement with
Rainbow Disposal Company, Inc. and in accordance with this review, approve the refuse rate
adjustments.
Per the staff report it is proposed that the fee be set at $16.68 per residential unit of service per
month, an increase of $.29 over the existing fee. The exact amount of the increase will be
determined after the hearing, but will not exceed $16.68 per residential unit of service per
month.
(18) June 18, 2001 - Council/Agency Minutes- Page 18
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Public Works Director Robert F. Beardsley introduced two members of his staff: Deputy Public
Works Director Paul Emery and Senior Administrative Analyst Joan Flynn. Director.Beardsley
announced that a Rainbow Disposal representative, Mr. Ron Shenkman is also present.
Senior Administrative Analyst Flynn presented a slide report that had been announced earlier by
the City Clerk as a Late Communication. The PowerPoint presentation is titled Residential
Refuse Rate. Ms. Flynn reiterated from the staff report that the residential rate increase is
proposed at $16.68 as of July 1, 2001 through June 30, 2002, which is less than what was
initially stated on the public hearing notice.
Mayor Julien Houchen declared the public hearing open.
Prior to announcing the public speaker, the City Clerk restated for the record another Late
Communication that pertains to this public hearing, in addition to the PowerPoint presentation
given by Senior Administrative Analyst Flynn:
A communication dated June 18, 2001 from the Department of Public Works and titled Late
Communication transmitting a revision to Attachment No. 3 relating to the effective date of the
Commercial Refuse Rate.
Norm Westwell stated his objection, asking why the city does not conduct a competitive bid
process.
In response to Mr. Westwell's inquiry, discussion was held regarding the provisions of the
Evergreen Clause of the city's franchise with Rainbow Disposal Company.
Public Works Director Beardsley stated that the Rainbow Disposal contract is up for renewal in
the year 2005 and that the Evergreen laws apply.
Senior Administrative Analyst Flynn clarified that the franchise is a 15-year agreement, and that
the clause was placed in 1990. Ms. Flynn explained the effect of the Evergreen Proviso.
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the hearing was closed by the Mayor.
Councilmember Bauer stated that the capital equipment required by Rainbow Disposal to carry
out its services is substantial.
City Administrator Silver differentiated between the Rainbow Disposal refuse rate and MSI
(Management Services Institute) fees. He announced that Administrative Services Director
Clay Martin will solicit RFPs (Request for Proposals) from consultants to study and re-evaluate
the MSI fees and present findings to Council in the near future.
Councilmember Bauer stated that the trash fee is an enterprise fund and that the fee collection
is inadequate to cover the General Fund shortfall.
(19) June 18, 2001 - Council/Agency Minutes- Page 19
Public Works Director Beardsley stated that he will bring back next summer to Council.
City Administrator Silver stated that the rate for low income seniors and the city's underwriting of
costs will require a nexus study.
Councilmember Green stated his intent to address Mr. Westwell's testimonial. Councilmember
Green informed Council that in 1990, Rainbow Disposal responded to recycling mandates,
during which time if the city failed to meet the 50% requirement, excessive penalties would have
been imposed.
Mayor Julien Houchen commended Rainbow Disposal for having exceeded the requirement by
achieving a 65% recycling rate for the city.
Councilmember Garofalo initiated discussion of ways to inform the public of services, such as
the Hazardous Waste Program that drives through the community to pick up toxic waste free of
charge, as brought up by Mayor Julien Houchen.
Senior Administrative Analyst Flynn pointed out that these services could be highlighted through
the monthly water billing statement.
A discussion was held on ways to prevent scavenging in order that all recyclables go to
Rainbow Disposal to maintain the 65% rate achieved.
A motion was made by Cook, second Boardman to adopt Resolution No. 2001-38 —A
Resolution of the City Council of the City of Huntington Beach Establishing Residential Curbside
Refuse Collection Rates" at $16.68 per residential unit of service per month. The motion carried
by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
Consent Calendar — Items Removed Per Late Communication Request
The following two items were removed from the Consent Calendar per a Late Communication
from the Public Works Director dated June 18, 2001 and titled City Council Items E-11 and E-12
that had been announced earlier by the City Clerk. The communication sets forth that Argus
Petroleum Corporation, the subdivider of the two tracts mentioned as follows, has requested
that these items be referred. back to staff prior to further Council action.
(City Council) Guarantee and Warranty Bond for Tract No. 12747 — Angus Petroleum Corp. —
Block Bounded by California/Delaware/ Springfield/Rochester (420.60)
(City Council) Guarantee and Warranty Bond for Tract No. 12746 — Angus Petroleum Corp. —
Block Bounded by California, Huntington, and Springfield Streets and Toronto Avenue (420.60)
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(20) June 18, 2001 - Council/Agency Minutes- Page 20
(City Council) Bid to E & M Constructors Co. for the Construction Contract for the Pacific Coast
Highway Right Turn Pocket at Goldenwest Street Project, CC-1138 (600.50)
(City Council) Three -Year Professional Services Contract with Pageantry Productions to
Produce and Stage the Fourth of July Parade on an Annual Basis Beginning in 2001 (600.10)
Consent Calendar — Items Approved
On motion by Green, second Garofalo, Council approved the following Consent Calendar items,
as recommended. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Bauer (Garofalo — ABSTAIN —
June 4, 2001 minutes due to absence)
NOES: None
ABSENT: Dettloff
(City Council/Redevelopment Agency) Minutes — Approved and adopted the minutes of the
City Council/Redevelopment Agency regular meetings of June 4, 2001 as written and on file in
the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Approved Scope of Work and Specifications and Authorized the
Advertisement for Bids for the Central Library Roofing Project — MSC-410 (600.90) —
Approved scope of work and specifications, and authorized the Director of Public Works to
request bids for the Central Library Roofing Project. Submitted by the Public Works Director.
Funding Source: $210,000 General Fund CIP Account. Upon receipt of bids, up to $50,000 will
be transferred from unexpected project funds or General Fund unappropriated balance.
(City Council) Awarded Contract to Pacific Striping for Citywide Installation of Reflective
and Non -Reflective Pavement Markers on Arterial Street — CC-1140 — Authorized
Execution of Contract (600.50) —1. Accepted the low bid submitted by Pacific Striping for the
proposed Citywide Installation of Reflective and Non -reflective Pavement Markers on Arterial
Streets project and authorized the Mayor and City Clerk to execute the contract; and
2. Authorized the Director of Public Works to expend up to $500,000 for the project, including
$135,405 for the contract, $27,080 for change orders, and $337,515 for materials and
supplementals. Submitted by the Public Works Director. Funding Source: $500,000 Hazard
Elimination Safety (HES) grant, Arterial Highway Markers Account.
(City Council) Accepted the Intrepid Lane Storm Drain Project CC-1139 and File the
Notice of Completion — Buso Constructors, Inc. (600.10) —1. Accepted the Intrepid Lane
Storm Drain Project CC-1139 completed by Buso Constructors, Inc. at a final cost of
$140,970.02; and 2. Authorized the City Clerk to file a Notice of Completion with the County
Recorder's Office. Submitted by the Public Works Director. Funding Source: $153,675 General
Fund, Capital Projects, Intrepid Storm Drain Account.
(City Council) Approved Professional Services Contract with Landata Airborne Systems
Inc. for Preparation Citywide Orthophotography Project (Water Quality Projects) (600.10)
1. Approved and authorized the Mayor and City Clerk to execute the contract with Landata
Airborne Systems for the Citywide Orthophotography Project in the amount of $140,975 —
Professional Services Contract between the City of Huntington Beach and Landata Airborne
Systems, Inc. for Preparation of City -Wide Orthophotography, and 2. Authorized the Director of
(21) June 18, 2001 - Council/Agency Minutes- Page 21
Public Works to expend a total of $161,975, which includes the contract amount of $140,975,
estimated contingency of $14,000 and $7,000 in supplemental expenditures. Submitted by the
Public Works Director. Funding Source: $500,000 authorized from the $4 million State
Proposition 13 grant. A new business unit will be created when funds are received. Projects:
Low Flow Urban Runoff to Sanitary Sewer $1,000,000/Water Quality Master Plan $500,000/ln-
line Storm Drain Runoff Treatment Structures $2,000,000/Maintain and Clean Storm Drain
Structures $450,000/Final Report $5,000.
(City Council) Approved a Professional Services Contract with Richard Brady and
Associates for Overmyer Reservoir Rehabilitation Engineering Design — CC-1104
(600.10) —1. Approved the Professional Services Contract between the City of Huntington
Beach and Richard Brady and Associates for Engineering Design Services for the Overmyer
Reservoir Rehabilitation; and 2. Authorized the Director of Public Works to expend up to
$767,000 to cover contract costs of $592,658 an estimated contingency of $115,000 and
supplemental expenditures of $59,342. Submitted by the Public Works Director. Funding
Source: $1,000,000 Water Master Plan Fund, Overmyer Reservoir Account.
(City Council) Approved Amendments No. 1 to Orange County Sanitation District
Cooperative Projects Program Contract No. 0005 (Sewer Master Plan Update/Inflow and
Infiltration Study — CC-1144 and Contract No. 0006 (Huntington Harbour Sewer Sliplining
Project — CC-1161 (600.25) — Approved and authorized the Mayor and City Clerk to execute
Amendment No. 1 to Cooperative Projects Program Contract No. 0005 and Amendment No. 1
to Cooperative Projects Program Contract No. 0006 with the Orange County Sanitation District.
Submitted by the Public Works Director. Funding Source: No funding is required for this action.
Amendments to agreements are necessary to extend completion time from July 2001 to
January 2002.
(City Council) Adopted Resolution No. 2001-35 (Side Letter Agreement) Amending the
Memorandum of Understanding Between the City and the Huntington Beach Police
Officers' Association — Trial Job -Sharing Program (720.20) — Adopted Resolution
No. 2001-35 — "A Resolution of the City Council of the City of Huntington Beach Modifying
Benefits and Amending the Memorandum of Understanding between the City of Huntington
Beach and Huntington Beach Police Officer's Association." Submitted by the Chief of Police.
Funding Source: The existing approved budget can absorb the approximate $8,000 maximum
annual costs associated with this trial period. The costs are associated with benefits that must
be provided to each employee sharing a job. The funds are available in General Fund Accounts
as follows: Patrol, Communications and Jail.
(City Council) Awarded Bid Contract to Inspection. Engineering Construction for Traffic
Signal Modifications — CC-1128 — Newland/Warner, Bolsa Chica/Warner, Edwards/
McFadden, Gothard/Slater and Goldenwest/Palm (600.55) —1. Accepted the bid submitted
by Inspection Engineering Construction for traffic signal improvements, CC-1128, and authorize
the Mayor and City Clerk to execute the contract; and 2. Authorized the Director of Public Works
to expend up to $501,000 for the project, including $225,070 for the contract; $45,000 for
change orders, and $230,930 for materials and supplementals. Submitted by the Public Works
Director. Funding Source: $501,000 HES Grant Fund, Traffic Signal Modifications Account.
(City Council) Appropriated Funds for Replacement of the Police Computer Aided
Dispatch/Records Management System (CAD/RMS) Phase II (320.45) —1. Appropriated
$1.2 million originally designated for the CAD/RMS replacement from the unreserved equipment
(22) June 18, 2001 - Council/Agency Minutes- Page 22
replacement fund to expenditure account IQ 55340102.83900, subledger 10070151 (Type C);
and 2. Authorized expenditures for Phase II following final vendor selection and City Council
approval. Submitted by the Chief of Police. Funding Source: Unreserved equipment
replacement fund balance in the amount of $1.2 million.
(City Council) Approved Amendment to Promotional Contract with Chevrolet — the
Official Marine Safety Vehicle of Surf City, Huntington Beach and Approved Promotion
Agreement for Sponsorship of Pier Plaza Presents Series — Approved City's
Indemnification Obligations (600.10) —1. Authorized the Mayor and City Clerk to execute the
amendment to the current vehicle promotional agreement with Chevrolet Motor Division for five
additional vehicles — Amendment to Promotional Agreement between General Motors
Corporation and City of Huntington Beach; and 2. Authorized the Mayor and City Clerk to
execute the promotional agreement with Chevrolet for the sponsorship of the Pier Plaza Present
Series — Promotional Agreement; and 3. Approved Section 6 of the Pier Plaza Presents
promotional agreement, which includes the city's indemnification obligations to the General
Motors Corporation. Submitted by the Community Services Director. Funding Source: Not
Applicable.
(City Council) Approved Amendment No. 2 to Agreement with Bucknam & Associates,
Inc. to Provide Administrative Support Staff to Public Works for Development
Engineering Services ,(600.10) — Approved and authorized the Mayor and City Clerk to
execute Amendment No. 2 to the Agreement between the City of Huntington Beach and
Bucknam & Associates, Inc. to Provide Administrative Support Staff to Public Works. Submitted
by Public Works Director. Funding Source: $90,000 General Fund, Public Works Development
Services, Professional Services Account.
(City Council) Approved Appropriation for Purchase of Six Generators and Storage Shed
for Emergency Operation of Sewer Lift Stations During Power Blackouts (320.45) —
Authorized the Finance Director to appropriate $175,000 to purchase six emergency generators,
and a metal storage shed. Submitted by the Public Works Director. Funding Source: $175,000
General Fund Balance.
(City Council) Approved the Purchase of Two Replacement Fire Department Ambulances
— Approve Appropriation of Funds (320.45) —1. Approved the purchase of two (2)
replacement ambulances; and 2. Approved an appropriation of $265,000 from the FireMed
Fund balance (50265403) to the equipment replacement fund (55340102). Submitted by the
Fire Chief/Information Systems Director. Funding Source: Unappropriated FireMed Fund
balance (50265402) in the amount of $265,000.
(City Council) Adopted Resolution No. 2001-37 — Adopting Capital Improvement
Programs for the Years 2001/02 Through 2007/08 for Compliance with Measure M and
Proposition 111 Requirements (320.40) — Adopted Resolution No. 2001-37 — "A Resolution
of the City Council of the City of Huntington Beach Adopting Capital Improvement Programs for
the Years 2001102 Through 2007108 for Compliance with Measure M and Proposition 111
Requirements." Submitted by the Public Works Director. Funding Source: No funding
necessary for this action. Measure M entitlement revenue is approximately $1.5 million
annually. (Exhibit "A" to Resolution No. 2001-37 listing Measure M Eligibility Projects included.)
(23) June 18, 2001 - Council/Agency Minutes- Page 23
(City Council) Approved Services Contract Agreement with Pyro Spectaculars for Fourth
of July Fireworks Display on the Beach — Approved Insurance Liability Requirements
(600.10) —1. Authorized the Mayor and City Clerk to approve the Services Contract Between
the City of Huntington Beach and Pyro Spectaculars, Inc. for Fireworks Display on the Fourth of
July in an amount not to exceed $18,000, subject to receipt of the required insurance certificates
and upon approval as to form by the City Attorney; and 2. Approved City's indemnification
obligations to contractor set forth in Paragraph 4 of Exhibit B; and 3. Approved contractor's
changes to City's standard indemnification provision set forth in Section 6 of the Agreement;
and 4. Approved the following changes to commercial general liability insurance coverage:
(1) accept deductible of Five Thousand Dollars ($5,000.00) per claim and Fifteen Thousand
Dollars ($15,000.00) per occurrence; (2) accept changes to City's commercial general liability
insurance to exclude claims made against City for bodily injury or property damage arising from
A) failure of City, including through or by its employees, agents and/or independent contractors,
to perform its obligations under this Agreement; B) failure of City to provide discretionary
spectator and parking areas. Submitted by the Community Services Director. Funding Source:
Fourth of July Parade Fund, to be reimbursed from the Fourth of July fundraising activities and
sponsor donations, not to exceed $18,000.
(City Council) Approved in Concept the Execution of an Agreement to be Prepared
Between the City and the California Highway Patrol (CHP) for Supplemental Law
Enforcement for the Fourth of July Celebration (600.20) —1. Approved and authorized the
Police Chief and City Clerk to execute an agreement between the City of Huntington Beach and
California Highway Patrol in substantially the same form as the previous agreement executed
on July 5, 2000 (shown as attachment 1) and upon approval as to form by the City Attorney; and
2. Authorized the Police Chief to expend up to $25,000 for the services provided by the
California Highway Patrol for supplemental law enforcement services for July 4, 2001.
Submitted by the Chief of Police. Funding Source: Special Events Overtime Account, $25,000.
(City Council) Removed from the Agenda - the Release of the Guarantee and Warranty
Bond for Tract No. 12747 — Angus Petroleum Corp. — Block Bounded by California/
Delaware/ Springfield/Rochester (420.60)
The above -captioned item was removed from the Consent Calendar per a Late Communication
from the Public Works Director dated June 18, 2001 and titled City Council Items E-11 and E-12
that had been announced earlier by the City Clerk. The communication sets forth that Argus
Petroleum Corporation, the subdivider has requested that this item be referred back to staff prior
to further Council action.
City Council) Removed from the Agenda - the Release of the Guarantee and Warranty
Bond for Tract No. 12746 — Angus Petroleum Corp. — Block Bounded by California,
Huntington, and Springfield Streets and Toronto Avenue (420.60)
The above -captioned item was removed from the Consent Calendar per a Late Communication
from the Public Works Director dated June 18, 2001 and titled City Council Items E-11 and E-12
that had been announced earlier by the City Clerk. The communication sets forth that Argus
Petroleum Corporation, the subdivider has requested that this item be referred back to staff prior
to further Council action.
(24) June 18, 2001 - Council/Agency Minutes- Page 24
(City Council) Awarded Bid to E & M Constructors, Inc. for the Construction Contract for
the Pacific Coast Highway (PCH) Right Turn Pocket at Goldenwest Street Project,
CC-1138 — Approved as Amended to Request CALTrans to Restripe at PCH and Warner
Avenue with Longer Right Turn Pocket (600.50)
The City Council considered a communication from the Public Works Department requesting
Council to authorize the award of the construction contract to E & M Constructors, Inc. for the
Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project, CC-1138.
Councilmember Bauer requested that this item be removed from the Consent Calendar to
request that CALTrans restripe Pacific Coast Highway and Warner Avenue (PCH.northerly
direction). Councilmember Bauer expressed concern with cars driving into the bike lane.
Public Works Director Beardsley responded that his department will work with CALTrans on this
matter.
A motion was made by Bauer, second Garofalo to:
1. Accept the bid from E & M Constructors Co. the lowest responsive/ responsible bidder for
the construction of the Pacific Coast Highway Right Turn Pocket at Goldenwest Street
Project, CC-1138;
and
2. Approve and authorize the Mayor and the City Clerk to execute the construction contract
between the City of Huntington Beach and E & M Constructors Co. in the amount of
$162,635.50 for the construction of the Pacific Coast Highway Right Turn Pocket at
Goldenwest Street Project, CC-1138;
and
3. Authorize the Finance Director to appropriate $65,300 from the Traffic Impact Fee fund
balance into Account No. 20690011.82300;
and
4. Authorize the Director of Public Works to expend up to $185,000, which includes the
contract cost of $162,635.50, estimated contingency of $16,300.50, and $6,364 in
supplemental expenditures;
and
5. Approve as amended, to request Caltrans to restripe and establish longer right -turn pocket
at Warner Avenue and Pacific Coast Highway.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(25) June 18, 2001 - Council/Agency Minutes- Page 25
(City Council) Approved as Amended a Twelve -Month Professional Services Contract
with Pageantry Productions to Produce and Stage the Fourth of July Parade for 2001 and
2002 and Directed Staff to Prepare Requests for Proposals for the Fourth of July 2003
Parade (600.10)
The City Council considered a communication from the Community Services Department to
request approval of a three-year agreement with Pageantry Productions to produce and stage
the Fourth of July parade.
Councilmember Boardman requested that this agenda item be removed from the Consent
Calendar to inquire regarding the possibility of expanding and talking to other companies
besides Pageantry Productions.
Deputy Community Services Director Jim Engle responded that Pageantry is the most reliable
and has the best experience, and that its contract came before the Fourth of July Board for
approval four years ago. He stated that the company is in the midst of working on the parade
for the year 2002.
A motion was made by Cook, second Garofalo to:
1. Approve, as amended, a 12 month professional services contract between the City of
Huntington Beach and Pageantry Productions for Production and Staging of the Fourth of
July Parade and authorize the Mayor and City Clerk to execute same;
and
2. Direct staff, as amended, to prepare Requests for Proposals for the Fourth of July 2003
parade.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(City Council) Approved Plans and Specifications and Authorized Advertisement for Bids
for the Huntington Central Park Sports Complex, CC-1121 — Approved Sample
Construction Contract (600.80)
The City Council considered a communication from the Director of Community Services, the
Director of Public Works and the Director of Administrative Services recommending that Council
approve the plans and specifications and authorize advertisement for bids for the Huntington
Central Park Sports Complex, contingent upon final approval.
Prior to the issuance of revenue bonds to fund the project, staff is recommending that Council
advertise for bids. Once the bid amount is known, the bond issue can then be sized to fit the
needed funding, which is estimated to be $18 million. When the bids have been received, staff
will return to Council for a final approval of the bond issue and award of bid. At that time, if the
project is greater than the city's ability to fund it, Council can reject all bids and cancel the
issuance of bonds.
(26) June 18, 2001 - Council/Agency Minutes- Page 26
Deputy Community Services Director Engle presented the PowerPoint slide report that had
been announced earlier by the City Clerk as a Late Communication. The slide report is dated
June 18, 2001 and titled Central Park Sports Complex — Permission to Advertise for
Construction Bids.
Deputy Director Engle responded to Mayor Pro Tern Cook's inquiry regarding where figures
were derived for an adult softball field shown on a proforma submitted by company of Deloitte &
Touche.
Councilmember Boardman informed Council that she will oppose a motion to approve the HCP
Sports Complex for cost reasons, stating that with the DARE Program and other General Fund
cutbacks, it would be illogical to enter into a new agreement at this point in time.
A motion was made by Garofalo, second Green to:
1. Approve the plans and specifications and authorize the Director of Public Works to request
bids for the Central Park Sports Complex, CC-1121 contingent upon final approval;
and
2. Approve the Sample Construction Contract (Attachment No. 1), subject to award of the
contract to the lowest responsive/responsible bidder.
The motion carried by the following roll .call vote:
AYES: Green, Julien Houchen, Garofalo, Bauer
NOES: Boardman, Cook
ABSENT: Dettloff
(City Council) Continued from June 4, 2001 — Approved the First Amendment to a
Professional Services Contract between the City and MuniFinancial for the Holly-Seacliff
Traffic Impact Fee (PLC Land Company, Developer) (600.10)
The City Council considered a communication for the June 4, 2001 meeting received from the
Director of Public Works requesting approval at the June 4, 2001 Council meeting of a contract
amendment with MuniFinancial to provide for a Holly-Seacliff Impact Fee.
MuniFinancial was the firm selected to prepare the Holly-Seacliff Traffic Impact Fee Report. It
was originally estimated that the cost of this work would not exceed $20,000. Consequently, it
was not necessary to obtain City Council approval for the contract.
At the aforementioned meeting of June 4, 2001, the City Council requested more detail
regarding the consultant's fees for preparing the Holly-Seacliff Traffic Impact Fee. The staff
report for the June 18, 2001 meeting includes a memo with an exhibit that is a revised budget.
This Exhibit A attachment replaces the Exhibit A attachment to the contract previously submitted
June 4, 2001 to the City Council.
The June 18, 2001 Request for Council Action (RCA) further sets forth that as a matter of
background, the consultant has completed Tasks 1 and 2, and has begun Task 3. The hourly
(27) June 18, 2001 - Council/Agency Minutes- Page 27
rates are being retained at $125.00 per hour and $85.00 per hour for associates, not the
$180.00 per hour originally stated in the RCA.
In connection with performing a further detailed review of the right-of-way acquisition history,
Task 3 was added. Staff is also conducting two days of individual property owner meetings.
Depending upon the nature of questions submitted by property owners, additional work may be
necessary. Should this occur, staff will request further City Council approval before proceeding,
if the cost exceeds 15% of the budget ($5,640).
Public Works Director Robert F. Beardsley delivered an oral report requesting that Council
consider approval of the First Amendment to the MuniFinancial contract in light of the foregoing
new, additional information prepared by the City Attorney's Office.
A motion was made by Green, second Bauer to approve and authorize the Mayor and City Clerk
to execute the First Amendment to the Professional Services Contract between the City of
Huntington Beach and MuniFinancial for Traffic Impact Fee Study with the attached amended
Exhibit A titled Exhibit A Traffic Impact Fee Study Budget and Schedule. The motion carried by
the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(City Council) Approved Request from Councilmember Shirley Dettloff for Permission to
be Absent (120.40)
The City Council considered a communication from Councilmember Dettloff requesting
permission to be absent from the City Council meeting of June 18, 2001.
Mayor Pro Tern Cook inquired if Parliamentary Procedure (Robert's Rules of Order) dictated
attendance at meetings, to which Assistant City Attorney Scott Field responded that the
regulations are found in the City Charter, and that Council permission to be absent from
meetings should be noted in the official minutes.
A motion was made by Julien Houchen, second Garofalo to approve Councilmember Dettloff's
request for permission to be absent from the June 18, 2001 Council meeting. The motion
carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(City Council) Approved Councilmember Garofalo's Recommendation to Direct the City
Attorney, in Concurrence with the City Clerk, to Establish a Council Absence Policy -
Approved All Past Requests for City Council Absences to be Recorded by Minute Action
as Amended from January 2001 Forward (120.10)
The City Council considered a communication from Councilmember Garofalo submitting the
following Statement of Issue: During the past six and one-half years of Council service, I have
witnessed a plethora of ways Council Members absent themselves from Council Meetings.
(28) June 18, 2001 - Council/Agency Minutes- Page 28
They have ranged from advance notice at a Council Meeting with the to be absent party
bringing the issue forward all the way over to the Council Member seeking approval after the
absence.
While the Charter seems reasonably clear on the point, a more informal policy has dominated
rather than a formal policy. This memo will attempt to draw us closer to a discussion with the
advice and consent from all the parties as to how it should be done in the future.
In the meantime, there are several requests and past requests pending that need action.
Finally, it would be interesting to note the attendance record for all Council Members, on say, an
annual basis. I would like to request that data since 1994. With a double bypass open-heart
operation, two angioplasty procedures, and another major emergency surgery, I remain quite
proud of my attendance record since my entry into public office.
Two memos from Councilmember Garofalo re: absence from meetings of May 21, 2001 and
June 4, 2001 are included in the agenda packet.
A Legal Opinion (RLS 2001-441) from City Attorney Hutton dated June 14, 2001 regarding
Councilmember Garofalo's absence is included in the agenda packet.
Councilmember stated that he conducted an uncertified audit of the official City Council minutes
from 1994 to the present, and read off instances when certain Councilmembers had been
absent for two or more consecutive meetings.
The City Clerk clarified that Section 303(a) of the City Charter states that a study session and a
regular adjourned meeting are to be considered regular Council meetings for all purposes.
Recommended Action: Motion to:
A motion was made by Garofalo, second Green to:
Direct the City Attorney, in concurrence with the City Clerk, to establish the policy for us to
deal with future absences from formal Council Meetings.
and
2. Accept all past requests for City Council absences and so record them by minute action
from January 2001 forward.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
(City Council) Continued from June 4, 2001 — Directed Staff, as Amended, to Draft a
Report Re: the Issue of Swimming Pool Safety (120.90)
The City Council considered a communication received from Councilmember Dave Garofalo
transmitting the following Statement of Issue: We lost another child to drowning, the second in
(29) June 18, 2001 - Council/Agency Minutes- Page 29
the year 2001! 1 have had the opportunity to meet with staff members, professional water sport
educators, and members of the water recreation industry. There is a myriad of devices, costing
as low as $100.00, that could help save a child's life. The solution was brought forward by both
public and private sector participants that very inexpensive motion detectors would help avoid
this tragedy in the future. There is no absolute preventive method or policy; however, the
following recommendation is a step in the right direction.
I am not asking for emergency level efforts in an otherwise already burdened staff. Some
research from other communities is available and I would hope we could see a draft before
year-end.
Councilmember Garofalo initiated discussion regarding above -and below -water motion
detectors. He stated that the installation of sensor devices in properties with pools could be
required by ordinance upon the close of escrow, during changes of home ownership.
Mayor Pro Tern Cook expressed concern over issues such as ducks setting off detectors,
stating that she is unable to support the motion without more information to see what other cities
have done to address the issue.
Councilmember Bauer stated that as escrow -closing inspections would be required, the project
would involve clerical as well as code enforcement matters.
A motion was made by Garofalo, second Green to direct staff, to draft a report regarding the
issue of swimming pool safety. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: Dettloff
Adjournment — City Council/Redevelopment Agency
Mayor Julien Houchen adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Thursday, June 28, 2001, at
10:00 a.m., in Room D, Central Library, 7111 Talbert Avenue, Huntington Beach, California.
i
City Clerk and ex-officio ClerVof the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
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City Clerk -Clerk yor-Chairman