HomeMy WebLinkAbout2001-08-06Minutes
City Council/Redevelopment Agency
City of Huntington Beach
5:00 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Monday, August 6, 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 5:00 p.m. in Room B-8.
City Council/Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer (Dettloff arrived at
5:18 p.m.)
Absent: None
City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings Act) the City Clerk announced the following Late
Communications:
Slide show presentation titled Tow Contract Proposal for the City Council — August 6, 2001.
Communications received on Councilmember Boardman's request for a Closed Session to discuss
the Mitigated Negative Declaration on the Ocean View School District gymnasium:
Communication dated August 6, 2001 from James R. Tarwater, District Superintendent,
Ocean View School District transmitting clarification regarding the District's Middle School
Gymnasium/Auditorium Project. Communication titled Clarification — Middle School
Gymnasium/Auditorium Project (Marine, Mesa, Spring View).
Communication dated August 6, 2001 from Thomas P. Overend transmitting his concern at the
potential involvement of the city in a lawsuit with Ocean View School District re: multi -purpose
gymnasiums/auditoriums. Communication titled Agenda Item for the City Council Meeting of 816101
Regarding the Ocean View School District Multi -Purpose Gyms.
Communication from Dr. Larry Weisenthal, MD in opposition to a closed session on the Ocean View
School District gymnasium project.
(2) August 6, 2001 - Council/Agency Minutes - Page 2
Public Comments Regarding Study Session and Closed Session Agenda Items
John Vaughn, Best Towing Service, spoke in favor of police -directed towing service within the city
limits as being more advantageous and convenient for both the police and the public. He spoke in
opposition to a portion of the tow ordinance allowing tow yards to be located outside the city limits
due to police being taken away from the city. Mr. Vaughn spoke regarding the difficulty he had
encountered with meeting the current city standards, which are now being proposed to be lowered
for others.
Pam Walker, Ocean View School District (OVSD) representative, addressed the contemplated
lawsuit against OVSD, stating that the school site is not being changed. Ms. Walker relayed that
the school district is complying with the Federal Emergency Management Act (FEMA)
requirements.
Pat Matzke, representative of Neighborhoods for Education First, spoke regarding the Mitigated
Negative Declaration. Ms. Matzke voiced her opposition to the proposed closed session discussion
of the Ocean View School District gymnasium project.
Clemens Scharwath, Chairperson, Community Budget Action Committee, Ocean View School
District (OVSD), informed Council of findings in an evaluation conducted, which sets forth that the
school district is able to fund the proposed multi -purpose rooms and that the scheme fits in with the
five-year strategic plan. Mr. Scharwath urged Council to move forward with the proposed
gymnasium project as being strategically sound and fiscally viable.
Traci Pellman stated her intent of providing a perspective why the Ocean View School District
(OVSD) gymnasium project is being proposed; that in 1992 the school district voted to reconfigure
the sites for middle school campuses. Ms. Pellman implored Council not to support the
contemplated litigation.
James Tarwater, Ocean View School District (OVSD) Superintendent, stated his purpose of
clarifying two aspects of the middle school gymnasium issue: 1) traffic; and 2) FEMA (Federal
Emergency Management Act) requirements. He stated that even though the school district is not
mandated to comply, the sites have met the standards for flood proofing. Dr. Tarwater informed
Council that there will not be any rental use of the sites for after -school programs as was initially
included in the CEQA (California Environmental Quality Act) study, which he stated is a credible
document.
(City Council) Discussion with Dr. James Tarwater, Ocean View School District
Superintendent Re: Proposed Middle School Gymnasium/Multi-Purpose Room Building
Project (120.25)
Dr. Tarwater provided timelines of past meetings between the school and the community, and
informed Council of issues discussed such as concern with the height of the proposed buildings.
Mayor Pro Tern Cook initiated a discussion of the number of persons that the gymnasium/multi-
purpose rooms can accommodate.
Public Comments Resumed
Allan Pogrund, Principal, Ocean View School District (OVSD), and Community Services
Commissioner, informed Council that he had'chaired a committee to ameliorate the traffic impact
(3) August 6 2001 - Council/Agency Minutes - Page 3
issues of which are a concern to the community with regard to the proposed OVSD gymnasium
project. Dr. Pogrund relayed what he considers to be a successful meeting between the American
Youth Soccer Organization (AYSO) members and the OVSD.
Stefan Rubendall stated that he is .not trying to stop the proposed Ocean View School District
(OVSD) gymnasium project, but is concerned over what he considers to be an inadequate CEQA
(California Environmental Quality Act) study. He stated that even though the OVSD purports not to
hold any rental events, there is no difference between those activities and extra curricular events
with regard to traffic impact. Mr. Rubendall requested that a proper CEQA (California
Environmental Quality Act) study be conducted.
Kamran Ramezani lodged complaints over the estimated cost of the proposed Ocean View School
District (OVSD) project, and over what he views as the lack of adequate computer facilities at the
school sites.
Jorggi Delaney, Regional Commissioner, American Youth Soccer Organization (AYSO) 143,
expressed complete trust in the Ocean View School District, cautioning that if contemplated
litigation goes forward, the fields for youth sports will close.
Chuck Beauregard, Chair, Save Our Kids (SOK), encouraged continued progress of the Ocean
View School District (OVSD) gymnasium project, stating that it is preferable to see active use by the
children of the facilities. Mr. Beauregard stated that the school has done its due diligence.
Jody Campbell, MetroPro Road Services, stated his wholehearted support of the police -directed
towing ordinance. He stated that he can see both sides of them after with regard to office location,
and expressed his intent to accommodate the city in this respect. Mr. Campbell addressed Mayor
Pro Tern Cook's concern that equipment needs to be dedicated for this service. He spoke
regarding the importance of meeting response time requirements.
Bob Mandic informed Council of the 30-year customer and police services that his company,
Mandic Motors has provided. He stated that Council ought to keep in mind the process that rotation
does not stop at 6:00 p.m., that investigations go on after police rotation, recommending that the
office should be within the city limits. Mr. Mandic stated that suspects oftentimes come into the
office, and questioned how that will be accomplished if arrests have to be made outside the city.
He expressed concerns regarding portions of the towing ordinance regarding storage and other
provisions that would inconvenience the police.
Robert F. Devot, Community Advisory Committee member, Mesa View School, related how the
community protested when the school reconfigured to the middle school concept. Mr. Devot spoke
of the traffic dangers faced by his daughter with the change, stating that the district did not place the
middle schools on large sites and many traffic accidents occurred as a result of congestion.
(City Council/Redevelopment Agency) Study Session Held on the Proposed Police
Department -Directed Towing Ordinance (Continued from July 16, 2001 Meeting) for Council
Action at the August 20, 2001 Meeting — Deferred the Review of the City's Business
Development Program to a Date Uncertain (640.10/460.30)
Police Chief Ronald Lowenberg presented an overview of the city's proposed tow ordinance. Police
Chief Lowenberg introduced staff members in attendance at the meeting who worked on the towing
ordinance: Officer Craig Bryant of Traffic Enforcement and Deputy City Attorney Jennifer McGrath.
(4) August 6, 2001 - Council/Agency Minutes - Page 4
Police Chief Lowenberg presented the PowerPoint report announced earlier by the City Clerk as a
Late Communication.
Mayor Pro Tern Cook inquired why the towing ordinance is not codified in the Municipal Code.
Deputy City Attorney McGrath responded that it will be included as a zoning code amendment.
Deputy City Attorney McGrath also referred to the franchise agreement included with the staff report
titled Request for Council Action (RCA) which includes the agreement and other supporting material
to be presented for Council action at the August 20, 2001 meeting.
In response to Councilmember Garofalo's inquiry, Police Chief Lowenberg stated that a nexus
study has not been conducted of the number of tows per square feet.
Discussion was held regarding accepting tows within five miles of city hall, and the tow operation
being located within city boundaries.
Police Chief Lowenberg clarified that everything related to the ordinance is police -directed towing,
and cited examples such as impounded vehicle as a result of the arrest of the driver.
Chief Lowenberg presented the philosophy of the police to provide customer service, in response to
questions regarding the proposed process of obtaining RFPs (Requests for Proposals) from towing
operators. He stated that it is preferable to err on the side of inclusion of vendors located outside
the city limits.
Councilmember Green stated that if the purpose is to select the best -qualified tow service, he took
exception to Slide No. 11 of the PowerPoint presentation. He requested a change of wording on
the first bulleted item to reflect "prior to award of a contract," in place of "prior to renewal of a
contract." Police Chief Lowenberg concurred.
Councilmember Boardman asked about the accessibility to the public on being able to retrieve cars
outside of the 8:00 a.m. to 5:00 p.m. time period.
Councilmember Garofalo inquired regarding the buffer between the tow yard and the residential
area, to which Planning Director Howard Zelefsky responded that there is no scientific
measurement; the process is subject to change with a code amendment.
Mayor Julien Houchen received an affirmative answer that the process is similar in auto -accidents;
that it entails coming to city hall to fill out police release forms and impound sheets.
Mayor Pro Tern Cook asked for. reasons for the price difference between inside and outside vehicle
storage.
Councilmember Garofalo stated that he is disposed to leaving the selection process to the Police
Chief.
Mayor Julien Houchen ascertained from Planning Director Zelefsky that an industrial facility, as well
as a vacant parcel, is an acceptable office location for a tow operation lot.
Police Chief Lowenberg informed Council that the six pieces of towing equipment are typically a
sufficient minimum amount.
Council thanked staff for their reports.
(5) August 6, 2001 - Council/Agency Minutes - Page 5
(City Council) Approved Councilmember Connie Boardman's Request to Add Per
Government Code Section 54956.9(c) an Item to the August 6, 2001 Closed Session to
Discuss Potential Litigation by the City v. the Ocean View School District Mitigated Negative
Declaration (California Environmental Quality Act (CEQA) Document) for Construction of
Three Gymnasiums.at Three Middle Schools: Mesa View, Spring View and Marina View
(120.80)
The City Council considered a communication from Councilmember Connie Boardman requesting
that the following item be discussed immediately after the study session prior to the City Council
vote to go into closed session: Councilmember Boardman's memorandum sets forth the following:
The Ocean View School District at their meeting on July 10, 2001 voted to certify the Mitigated
Negative Declaration for the gymnasiums to be constructed at three middle schools in Huntington
Beach and one middle school in Fountain Valley. Our staff as well as the staff of the city of
Fountain Valley responded to the Mitigated Negative Declaration and requested that the document
be re -circulated. The Ocean View School District (OVSD) Board decided to certify the document
rather than re -circulate it.
I have attached copies of the communication* of city staff and as you can see there are many
concerns that were not addressed by the Mitigated Negative Declaration. During public comments
at the last Council meeting citizens expressed their concerns about the Mitigated Negative
Declaration as well. The Council has 30 days from July 10, 2001 in which to decide whether or not
to challenge the document under the California Environmental Quality Act (CEQA). This meeting is
the last one we will have before the deadline to file a writ asking the court to order a full
Environmental Impact Report to be prepared.
*Communication dated July 3, 2001 from Mary Beth Broeren, Senior Planner submitting comments
from the City of Huntington Beach on the three Mitigated Negative Declarations is included in the
agenda packet.
A motion was made by Boardman, second Cook to add the above -captioned item to the closed
session in order to discuss whether or not to initiate litigation.
Council deliberated at length over the merits of handling this matter in closed, versus open session.
Councilmember Garofalo stated a willingness to discuss the matter in an open forum.
Councilmember Bauer expressed his belief that the school issue is not within the city's purview,
cautioning against going forward on the grounds that it may jeopardize the availability for the city of
school district playing fields.
Considerable discussion ensued including speculation of the city's chances of winning a lawsuit.
City Attorney Gail Hutton informed Council that special outside counsel, Michael Karger has been
retained for the purpose of advising Council. She stated this was necessary as she has recently
employed a Deputy City Attorney who worked for the school district.
Mayor Pro Tern Debbie Cook inquired regarding a point of order.
(6) August 6, 2001 - Council/Agency Minutes - Page 6
Community Services Director Ron Hagan responded to Councilmember Bauer's inquiry that 104 of
Ocean View School District's playing fields are used by the city, identifying day care and other
services and facilities which he stated are heavily dependent upon the school district.
City Administrator Ray Silver announced that he is recusing himself from speaking on the matter,
stating that a family member participates in school district activities.
Planning Director Zelefsky explained the difference between an EIR (Environmental Impact Report)
and a Mitigated Negative Declaration.
Councilmember Dettloff stated she agreed with Councilmembers Garofalo and Bauer that it would
not be appropriate to go into closed session, seeing no elements or basis for a lawsuit.
Councilmember Boardman responded to Councilmember Bauer that she is an educator and not
opposed to children, explaining that it is her belief that essential information is missing from the
CEQA document. She stated reasons why this is properly a subject for closed session; that it is
usual for such subjects to be conducted in closed session. Councilmember Boardman reiterated
the time frame; that the City Council has 30 days from July 10, 2001 in which to decide whether or
not to challenge the document before its certification under the California Environmental Quality
Act.
Councilmember Green concurred with Councilmember Boardman that the item ought to be in
closed session if it is to be discussed. Councilmember Green referred to the attachment included in
the agenda packet, the letter written by Senior Planner Mary Beth Broeren to Carolyn Stocker,
Chief Operations and Facilities Officer.
Senior Planner Broeren responded to an inquiry that the Mitigated Negative Declaration did not
include an analysis of the impact of increased enrollment from 700 to 900 plus students.
Councilmember Green stated that based upon the foregoing, it is his conclusion that there would be
a need for re -circulation of the Mitigated Negative Declaration document.
Discussion was held regarding the issue of why additional parking is required for three, and not
four, school sites. In response, Dr. Tarwater referred to street sweeping requirements, and stated
that visitors use the grass and turf on the Vista View School in Fountain Valley for over -parking.
A motion was made by Boardman, second Cook to add this issue to the closed session on
August 6, 2001 to discuss whether or not the City Council would like to pursue legal action to
challenge the certification of the Mitigated Negative Declaration by the Ocean View School District.
For this purpose the City Attorney has provided the following language: The reasons and legal
authority for holding a closed session on August 6, 2001 for the purpose of conferring with and or
receiving advice from its legal counsel concerning pending litigation are as follows:
X Based on the existing facts and circumstances, the legislative body of the local agency has
decided or is deciding whether to initiate litigation. Said closed session is held under the
authority of California Government Code Section 54956.9(c).
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen
NOES: Garofalo, Dettloff, Bauer
ABSENT: None
(7) August 6; 2001 - Council/Agency Minutes - Page 7
Motion to Recess to Closed Session — Approved
A motion was made by Boardman, second Cook 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, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(b)(3)(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: Threatened
Litigation Concerning Solicitation Ordinance. (120.80)
(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 PLC v. City of Huntington Beach, et al.; Orange County
Superior Court Case No. 01 CC05117. Subject: PLC v City of Huntington Beach,
et al. (120.80)
(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 In. the Matter of AES Huntington Beach Generating Station Retool
Project: AQMD Title V Permit Revision of May 30, 2001; Before the SCAQMD Hearing Board of
Appeals, Case No. 5202-1; and Petition for Permit Appeal, Case No. 5202-2. Subject: In the
Matter of AES Huntington Beach Generating Station Retool Project; AQMD Title V Permit
Revision of May 30, 2001. (120.80)
(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 of Huntington Beach; U.S. District Court Case
No. SACV 98-249 AHS (ANx). Subject: Huss, et al. v. City of Huntington Beach. (120.80)
Reconvened City Council/Redevelopment Agency Meeting - 7:50 p.m.
No Actions Taken Which Require a Reporting Pursuant to Government Code.
§54957.1(a) (3) (B)).
Mayor Julien Houchen asked City Attorney Gail Hutton if there were any actions taken by the City
Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney Hutton
responded that there were -no actions to report.
City Council/Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent: None
(8) August 6, 2001 - Council/Agency Minutes - Page 8
(City Council) Approved Request for Permission by Councilmember Peter Green to be
Absent (120.40)
The City Council considered a communication from Councilmember Green requesting permission to
be absent from the City Council meeting of August 13, 2001.
A motion was made by Green, second Cook to approve said request. The motion carried by the
following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
Pledge of Allegiance — Led by Councilmember Shirley Dettloff.
Invocation — City Administrator Ray Silver.
City Clerk Announced Late Communications Which Pertain to Items on the Agenda
Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced Late Communications
regarding agenda items that had been received by her office following distribution of the agenda:
Slide show presentation titled Tow Contract Proposal for the City Council — August 6, 2001.
Communications received on Councilmember Boardman's request for a Closed Session to discuss
the Mitigated Negative Declaration on the Ocean View School District gymnasium:
Communication dated August 6, 2001 from James R. Tarwater, District Superintendent,
Ocean View School District transmitting clarification regarding the District's Middle School
Gymnasium/Auditorium Project. Communication titled Clarification — Middle School
Gymnasium/Auditorium Project (Marine, Mesa, Spring View).
Communication dated August 6, 2001 from Thomas P. Overend transmitting his concern at the
potential involvement of the city in a lawsuit with Ocean View School District re: multi -purpose
gymnasiums/auditoriums. Communication titled Agenda Item for the City Council Meeting of 816101
Regarding the Ocean View School District Multi -Purpose Gyms.
Communication from Dr. Larry Weisenthal, MD in opposition to a closed session on the Ocean View
School District gymnasium project.
Communication dated August 2, 2001 from John Scandura transmitting his remarks made to the
Bolsa Chica Subcommittee on July 30, 2001. Communication titled Bolsa Chica Subcommittee
Remarks.
Communication dated August 3, 2001 from Adrianne Morrison, Executive Director of the Bolsa
Chica Conservancy conveying the Conservancy's comments to the State Lands Commission as
input to the City Council re: the Bolsa Chica Lowland Restoration Project. Communication titled
Comments on Bolsa Chica Lowlands Restoration.
Communication dated August 5, 2001 from Bob Polkow transmitting his opinion regarding the Bolsa
Chica Lowland Restoration Project. Communication titled Bolsa Chica Controversy.
(9) August 6, 2001 - Council/Agency Minutes - Page 9
Communication from Dr. David Carlberg, of the Amigos de Bolsa Chica dated August 6, 2001
reflecting the results of the Health Care Agency/Environmental Health Ocean and Harbor
Bacteriological Monitoring Program.
Slide show presentation dated August 6, 2001 from Shari Freidenrich, City Treasurer titled
Treasurer's Report.
Three letters submitted by the Office of Assemblyman Tom Harman to the City Clerk's Office on
August 6, 2001 transmitting support for the development of a Youth/Adult Sports Complex in
Huntington Central Park. Communications titled Save Our Kids (SOK) — Central Park Funding
Vote.
Huntington Central Park Construction Cost Report prepared by the Community Services Director
dated August 6, 2001.
Communication dated August 3, 2001 from Anne Jean Spiegel transmitting on behalf of the Heil
Street Community their standpoint with regards to the speed limit on Heil Avenue from Saybrook
Lane to Newland Street. Communication titled Heil Street Speed Problems: Ordinances 3479 and
3495 - Ordinance 3383 Passed January 1998 - Request for Rescission of Ordinance Nos. 3479 and
3495 - Restoration of Ordinance 3383 (35mph from Saybrook to Newland).
Communication from Anne Jean Spiegel dated August 6, 2001 and titled Staff Proposes ... Council
Disposes Summarizing from Letters to Council dated July 18 and August 3, 2001— Ordinances:
3479, 3495 and Ordinance 3383 January 1998.
Communication dated July 30, 2001 from Charles and Carol Casey transmitting their opposition to
the proposed Sewer Service Charge. Communication titled Proposed "Sewer Service Charge."
Communication dated August 6, 2001 from Joyce Riddell, President of the Huntington Beach
Chamber of Commerce conveying the Chamber's support for the proposed sewer fee increase with
certain conditions.
Communication dated August 3, 2001 from the Department of Public Works transmitting an
amendment the Infrastructure Planning Committee requests be added to the proposed ordinance's
Section 1: Findings and Intent. Communication titled Introduction of Sewer Service User Charge
Ordinance.
Slide show presentation dated August 6, 2001 from the Department of Public Works titled Sewer
Service User Charge — Ordinance & Implementation Plan.
Presentation — By Mayor Pam Julien Houchen to the Project Consultant, Project Manager and
members of the Huntington Beach Urban Design Guidelines Advisory Committee for their
contribution in the preparation and review process of the. Urban Design Guidelines. The American
Planning Association, Orange County Section, awarded the 2001 Outstanding Planning
Implementation Award to the City of Huntington Beach for the citywide Urban Design Guidelines.
Those receiving Certificates of Appreciation are: Councilmembers Ralph Bauer and Shirley Dettloff,
Planning Commissioners Tom Livengood and Connie Mandic, Planning Director Howard Zelefsky,
Principal Planner Scott Hess, Project Manager Amy Wolfe and Committee Members Mike Adams,
Steve Bone, Mark J. Brodeur, Bob Corona, Mike Mudd and Daryl Smith. (160.40)
(10) August 6, 2001 - Council/Agency Minutes - Page 10
Presentation — To Mayor Pam Julien Houchen, Fire Chief Michael P. Dolder, and Martha Werth,
Fire Education Specialist, by Ron Shenkman, a check in the amount of $4,000 for the Huntington
Beach Fire Department Senior Home Inspection Program (SHIP) from Rainbow Disposal,
Aera Energy and Fountain Valley Hospital. (160.40)
Public Comments
Frank Caponi, retired Chair of Environmental Board, stated his support of the proposed Lowlands
restoration project on the agenda. He expressed his belief that a full tidal inlet for the Bolsa Chica
is needed. Mr. Caponi stated the Wintersburg Channel contributes to contamination in the
Huntington Harbour, endangers the Wetlands, and will eventually lead to beach closure.
John Scandura, Bolsa Chica Subcommittee, spoke in favor of the proposed Lowlands Restoration
project. He stated that the plan will result in a diverse community of fish, and that the proposed tidal
inlet is critical to supporting life in the Wetlands. Mr. Scandura cautioned that if the Wintersburg
Channel is diverted into the Wetlands, oil and grease will be allowed to be introduced into the
Huntington Harbour and drain into the ocean.
Linda Moon, President, Amigos de Bolsa Chica, urged support of the recommendations of the
Bolsa Chica Subcommittee. She spoke regarding the agreement to establish a project for Wetlands
Acquisition and Restoration at the Bolsa Chica Lowlands in Orange County, entered into by the
Federal Government, state and city agencies. Ms. Moon informed Council that the Huntington
Harbour will not support a tidal area and that severe contamination and run off will result with the
diversion of the Wintersburg Channel into the Wetlands
David Carlberg, Amigos de Bolsa Chica representative, stated his support of the Bolsa Chica
Subcommittee recommendation, speaking of water quality in Huntington Harbour. He referred to a
matrix announced by the City Clerk as a Late Communication, that reflects the results of the Health
Care Agency/Environmental Health Ocean and Harbor Bacteriological Monitoring Program on total
coliform sample counts. Dr. Carlberg spoke in opposition to diversion of the Wintersburg Channel
into the Wetlands.
Mike Palikan, Amigos de Bolsa Chica board member, addressed the issue of the Wintersburg
Channel, stating that it is a point of contamination for all living things, which flow into the ocean inlet
and are then deposited into the Bolsa Chica State Beach. Mr. Palikan stated his belief that the
Wetlands cannot absorb the heavy metal and other materials that are trapped in the storm drains.
Tobenette Holtz, Amigos de Bolsa Chica representative, spoke regarding what she perceives as
an opportunity for increasing the species of birds, as well as educational benefits, with the Lowlands
Restoration project. She stated that the city's tourism will flourish with enhancement of bird habitats
and the commercial fishing trade. Dr. Holtz expressed the belief that the effect on surfing will be
insignificant.
Tom Livengood, Amigos de Bolsa Chica representative, read from an agreement, a copy of which
he provided to the City Clerk. The communication is titled Agreement to Establish a Project for
Wetlands Acquisition and Restoration at the Bolsa Chica Lowlands in Orange County, California, for
the Purpose, Among Others, of Compensating for Marine Habitat Losses Incurred by Port
Development Landfills within the Harbor Districts of the Cities of Los Angeles and Long Beach,
California. Mr. Livengood informed Council that eight agencies have signed to follow the guidelines
of the Lowlands Restoration program.
(11) August 6, 2001 - Council/Agency Minutes - Page 11
Mary Ellen Houseal, Amigos de Bolsa Chica representative, informed Council that she has been
active with the Amigos de Bolsa Chica since 1976. She stated the opinion that the restoration is
important and urged Council to vote in favor of the proposed tidal inlet. Ms. Houseal announced
that Shea Properties is a willing seller, recommending that purchase by the city be considered for
cleanup of the Wintersburg Channel.
Terry Dolton spoke in favor of the proposed tidal inlet recommended in the Lowlands Restoration
project. He spoke of what he considers to be the beneficial effects of tidal flushing for plant life.
Mr. Dolton stated the opinion that the location of the inlet design will have minimum impact on
beach activity.
Gerald Chapman suggested that citizens who have qualified for a rebate from the utility company,
have the utility tax lowered commensurate with the 20% rebate offered. He requested the insertion
of certain language in the proposed ordinance implementing the sewer service user charge. Dr.
Chapman stated why tax payers' funds should not be needed for the proposed Huntington Central
Park Sports Complex.
(City Administrator's Report) Response to Public Comments Re: Tax Rebate on the
Southern California Edison Utility Charge (1040.20)
City Administrator Silver announced that he had spoken with Dr. Chapman and will check with
Southern California Edison relative to the energy rebate subject that Dr. Chapman raised.
Public Comments Resumed
Chuck Scheid stated his support of the agenda item on the sewer service user charge, but
contended that it may lead to a legal challenge in the future. He reasoned that Proposition 218 is
applicable, unless, he stated the City Attorney knows of recent court cases adjudicated to the
contrary. Mr. Scheid suggested waiting for the sewer upgrade to be done when the city's new
accounting and billing system "goes live."
Anne Jean Speigel addressed the Consent Calendar agenda item on the Heil Avenue traffic speed
limits. Ms. Speigel referred to the two letters regarding street signage announced by the City Clerk
in the Late Communications memorandum, requesting that the 35 miles per hour speed limit be
restored on Heil Avenue from Saybrook Lane to Newland Street and 40 mph rescinded.
Janet Knapp, Pediatric Nurse, stated her support of pool barriers, speaking of the number of
children who have drowned or nearly drowned. Ms. Knapp recounted the numerous physical
defects and disabilities incurred as a result of near pool drowning.
Marcia Kerr, Orange County Drowning Prevention Network member, spoke in favor of pool
barriers. She informed of in -water alarm systems as being ineffective, stating that the object is to
keep children out of the pool. Ms. Kerr stated that upgrading during resale would be a good
opportunity to have barriers installed.
Michelle Feczko, Injury Prevention Network Coordinator, Children's Hospital/Orange County
Drowning Prevention Network member, spoke of drowning as a quick and silent event. She warned
that by the time a pool sensor is heard, the child could have already drowned. Ms. Feczko
distributed material titled Safety Barrier Guidelines for Home Pools.
(12) August 6, 2001 - Council/Agency Minutes - Page 12
Kim Patrick spoke as a mother of a child who drowned, stating that the home where her son
drowned had no barrier or alarm. Ms. Patrick spoke regarding the cost of installing sensors, and
asked for Council support in establishing an ordinance which will take into effect a retroactive
requirement for buildings with pools as well as those to be constructed.
Phyllis Agran, Pediatrician/Professor at University of California, Irvine, informed Council that her
area of research is pediatric injury. She stated that drowning is one of the leading causes of death
of children. Dr. Agran spoke regarding multiple layers of barriers, and requested community
outreach, such as the Fire Department does in visiting citizens on fire prevention. She commended
Council for taking the lead in concern over pool safety.
Robert Thomas requested funds be set aside from the budget to reimburse the Bluegate Home
Owners Association for money collected by the Public Works Department. He stated that Council
should be handling this matter; relating that when he last addressed the issue at the July 23, 2001
Council meeting, he had been told that it will be taken up at the Public Works Commission meeting
of August 14, 2001. He spoke regarding the process of the selection of streets for slurry sealing.
Don McGee spoke in opposition to the consultant's report on the mobile home park survey study
presented at the July 16, 2001 Council meeting, referring to a chart in the findings on the
Huntington Shorecliffs. Mr. McGee protested leaf blowers, banner towing and low -flying planes
over the beach.
(City Council) Council Response to Public Comments Re: Advertising on Banner -Towing
Aircraft (420.35)
Councilmember Garofalo inquired if the speaker, Mr. McGee had contacted any advertisers on the
banners. Mr. McGee responded that although the advertisers contacted had apologized, they
stated that it is the least expensive means of advertisement. Councilmember Garofalo requested
that Mr. McGee compile a list of advertisers and that it will be the subject of a future Council
memorandum.
Public Comments Resumed
Joey Racano spoke in opposition to the 301 (H) waiver granted the Orange County Sanitation
District, stating that it circumvents the standards of the Federal Clean Water Act. Mr. Racano
announced that as a member of the Ocean Outfall Group, he will work to get rid of the waiver.
(City Council) Council Response to Public Comments Re: 301 (H) Waiver Granted to the
Orange County Sanitation District (OCSD) (1020.50)
Councilmember Green responded to the last speaker, Mr. Racano's comments by reporting on
what he sees as some of the possible sources of bacteria on the surf zone:
1. Santa Ana River and flood control channels, as being the most likely;
2. Talbert Marsh, to a small extent; and
3. The AES Huntington Beach LLC power plant, due to "hot spots."
Councilmember Green stated that after the results are received following the summer months, and
if it is seen that the AES plant is responsible for breaking up the thermocline, he said that then it is
entirely possible that the 301 (H) waiver will not be granted to the OCSD.
(13) August 6, 2001 - Council/Agency Minutes - Page 13
Public Comments Resumed
John Jankowski, retired Senior Legislator and Council on Aging board member, stated his
opposition to space rent increases in mobile home parks in Huntington Beach. He spoke regarding
the difficulties encountered by elderly citizens on fixed income in being required to move due to the
increases. Mr. Jankowski cited figures and requested the stoppage of what he considers to be rent -
gouging by mobile home park owners.
Gary Bernard spoke on the repugnance factor of sewage in the ocean, stating that it will deter
tourists and have negative economic impact. Mr. Bernard informed Council that he is in support of
full secondary treatment of wastewater.
Chuck Beauregard, President, Save Our Kids, stated that he is in support of the Huntington
Central Park Sports Complex, suggesting that a Measure C vote be taken in the future. He related
the near -drowning incident of his Olympic renowned daughter who at the approximate age of one
year, fell into a pool but was able to swim her way out. Mr. Beauregard spoke regarding the need
for programs to teach all children to swim.
Dean Albright presented his suggestion that the sewer fee be included with the Community
Facilities District (CFD) funding; that it would be unfair to put in a charter amendment.
Doug Korthof urged that the advice of educators such as Dr. Irwin Haydock, be followed on the
issue of raw sewage. Mr. Korthof spoke in favor of full, secondary wastewater treatment.
(City Council) Approved Support of Tidal Inlet Near Huntington Mesa Proposed by the Bolsa
Chica Council Committee and the Huntington Beach Environmental Board for the Lowland
Restoration Project — Directed Staff to Contact Restoration Committee to Ensure Attendance
at All Meetings by City and County Representatives (440.60)
The City Council considered a communication from Councilmember Connie Boardman, Chair of the
City Council Committee on the Bolsa Chica on behalf of Council Committee Members Ralph Bauer
and Peter Green transmitting that:
On July 30, 2001, the City Council Committee on the Bolsa Chica met in a joint session with the
City of Huntington Beach Environmental Board to discuss a preferred restoration alternative and
recommendation to the City Council for the Bolsa Chica Lowlands based on public testimony and
the analysis presented in the Environmental Impact Report/Environmental Impact Supplement
(EIR/EIS) for the Lowlands restoration.
The meeting was attended by approximately 45 people including representatives from several
regulatory agencies that are overseeing the restoration process such as State Lands Commission,
U.S. Fish and Wildlife Service and National Marine Fisheries Service. The Committee heard
testimony from 19 members of the public, and a presentation was made by a consultant for the
State Lands Commission on additional water quality modeling that has been completed.
The proposed project that is supported by the regulatory agencies (Restoration Steering
Committee) includes a full tidal basin and an ocean inlet near Huntington Mesa. It also maintains
existing flow from the East Garden Grove Wintersburg Channel (EGGWC) to Outer Bolsa Bay (then
to Huntington Harbor).
(14) August 6, 2001 - Council/Agency Minutes - Page 14
In previous actions in 1995 and 1999, the full City Council has voted that it is in favor of the tidal
inlet if it is designed in a manner which will have no adverse impact to the beach, public recreation,
or be detrimental to public safety, health, or welfare; the site planning of open space, park trails,
ecological reserves or other open space amenities. The City Council has also voted that is in
support of 100 percent diversion of the EGGWC flow into the wetlands and not into Outer Bolsa Bay
and the Harbor.
At the July 30, 2001 meeting, the City Council Committee on the Bolsa Chica voted 2-1 to
recommend that the City Council support a tidal inlet near Huntington Mesa, consistent with the
proposed project, with Council Member Boardman opposed. Planning Commissioner Ed Kerins
also voted to support the tidal inlet.
The City Council Committee on the Bolsa Chica also voted 2-1 to recommend that the City Council
support maintaining the EGGWC flow to Outer Bolsa Bay and not divert the flow to the wetlands,
consistent with the proposed project, with Council Member Bauer opposed. Planning
Commissioner Ed Kerins also voted to support the motion.
Following Councilmember Boardman's report, Councilmember Dettloff announced that she will be
abstaining from voting, as she is a Coastal Commissioner and the Coastal Commission will be
meeting on this item.
Councilmembers Green and Boardman referred to the public comments received regarding support
for the tidal entrance as the preferred restoration alternative.
Councilmember Boardman reported on the process of restoration, stating that the preferred
alternative includes a massive amount of grading to satisfy requirements. She stated that a large
number of birds will be endangered, expressing concern as a biologist that habitats will be removed
without replacement and that therefore she could not support motion to approve.
A motion was made by Green, second Bauer that the City Council support a tidal inlet near
Huntington Mesa, consistent with the proposed project. The motion carried by the following roll call
vote:
AYES: Green, Cook, Julien Houchen, Garofalo, Bauer
NOES: Boardman
ABSENT: None
ABSTAIN: Dettloff
Councilmember Boardman stated that she will be making a motion requesting Council to support
the East Garden Grove-Wintersburg Channel to flow into Outer Bolsa Bay, and not into the
Wetlands.
Councilmember Bauer reported, informing -Council that he will be voting against the motion on the
table.
Councilmember Bauer spoke regarding the need the address the potential problem of flooding on
the houses behind the Bolsa Chica.
Councilmember Boardman stated that the Bolsa Chica Wetlands are too small an area to cleanse,
and therefore should not be used for diversion. She referred to the data provided in the Late
Communication presented by Dr. David Carlberg during the Public Comments portion.
(15) August 6, 2001 - Council/Agency Minutes - Page 15
Councilmember Green announced an upcoming meeting of county agencies to be held
Wednesday, August 13, 2001 between the Flood Control and Sanitation District. He informed
Council that the Public Works Director will be attending, and urged Councilmember Bauer's
participation.
A motion was made by Boardman, second Green that the City Council support maintaining the
East -Garden Grove-Wintersburg Channel (EGGWC) flow to Outer Bolsa Bay and not divert the flow
to the Wetlands, consistent with the proposed project. The motion carried by the following roll call
vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo
NOES: Bauer
ABSENT: None
ABSTAIN: Dettloff
(City Council) Approved Motion to Support Maintaining the Wintersburg Channel Flow to
Outer Bolsa Bay and not Divert to the Wetlands (550.20)
A motion was made by Bauer, second Green to support that the three flood control channels which
empty into the Huntington Harbour be diverted to the sanitation plant as soon as possible.
Discussion ensued which resulted in the maker of motion and the second changing this motion
on the table to address the Wintersburg Channel only, as set forth in the motion previously
adopted. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: None
ABSTAIN: Dettloff
(City Council) Item to be Placed on August 20, 2001 Council Agenda Re: Inclusion of All
Three Flood Control Channels (550.20)
Councilmember Bauer stated that staff return at the next Council meeting with more specific data
relative to inclusion of all three flood control channels.
Councilmember Bauer presented a Late Communication to Council and the City Clerk dated
August 3, 2001 and titled Issues Concerning the Bolsa Chica Restoration.
Councilmember Bauer. made the following motion, which is included in the Late Communication:
(City Council) Approved Motion to Contact Bolsa Chica Restoration Committee
(120.25/440.60)
A motion was made by Bauer, second Green to approve that the Restoration Committee be
contacted and that they be requested to send a restoration timeline, a budget for the restoration,
and that a city and county representative be invited to attend all meetings of the Restoration
Committee or any subcommittee thereof. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: None
ABSTAIN: Dettloff
(16) August 6, 2001 - Council/Agency Minutes - Page 16
(City Administrator's Report) Received Announcement Re: Consent Calendar Agenda Item
on the Slater Channel Improvement Project (160.10)
City Administrator Silver announced that the Slater Channel Project improvements are complete
and were made under budget. The City Council -approved budget was $3,620,472 while actual
expenditures were $3,608,005.
(City Administrator's Report) Received Announcement Re: Consent Calendar Agenda Item
on the Traffic Signal Communications and Operation Upgrade Project (160.10)
City Administrator Silver announced that the city has received two competitive grants: $400,000
from the Orange County Transportation Authority (OCTA) Signal Improvement Program and
$100,000 in Measure M Local Turnback funds. Funding will be used to upgrade the city's traffic
signal communications and operations master system.
(City Administrator's Report) Presentation on Community Services and Public Works
Department Spotlights: (1) Tot Lot Equipment Replacement and (2) Beach Public Services
Center and (3) Sewer Slip Lining (Downtown and Old Town Neighborhood Enhancement
Areas (160.10)
City Administrator Silver presented a PowerPoint report titled Community Services/Public Works
Department Spotlight will be given regarding the status of three city projects:
Tot Lot Equipment Replacement (920.40)
Over $1,000,000 has been spent to replace worn play equipment as well as meet the Americans
with Disabilities Act (ADA) requirements in the city's parks. Funding for the program was provided
through Park Acquisition and Development Fund, Community Development Block Grants and other
state grants. To date, 48 of 62 playgrounds have new equipment.
Beach Public Services Center Located South of HB Pier (600.80)
Located south of the pier, the new Public Services Center includes public restrooms, Summer
Police Patrol, Volleyball and Surfing Programs, and operations for beach and Pier Plaza special
events. Total cost is $500,000 from the Pier Fund.
Sewer Slip Lining — Downtown and Old Town Neighborhood Enhancement Areas (340.70)
The city has slip lined 50,000 feet of sewers in the Downtown Area. Additional anticipated CDBG
funding of $347,000 for 2001-02 will complete all Old Town Enhancement Area slip lining.
(City Council) Received and Filed Update on Orange County Sanitation District (OCSD)
Landscaping Improvements in Conjunction with the Construction of a Hydraulic Surge
Tower and Pump Station on Pacific Coast Highway and Brookhurst Street (1020.50)
The City Council considered a report presented by City Administrator. Silver on communication
transmitted by Planning Director Howard Zelefsky regarding a proposed plan for the Orange County
Sanitation District's (OCSD) landscaping improvements for the portion of their property which faces
Pacific Coast Highway near Brookhurst Street.
A staff report describing the project is included in the agenda packet.
(17) August 6, 2001 - Council/Agency Minutes - Page 17
An OCSD engineer was present and reported on the type of tree to be planted. He indicated that
the tree at maturity - in about seven years - will reach 12 feet in height.
A motion was made by Garofalo, second Green to receive and file the Update on the Orange
County Sanitation District Landscaping Improvements. The motion carried by the following roll call
vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: None
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's June 2001 Report,
City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, and
Deferred Compensation Activity (310.20)
The City Council considered a communication from the City Treasurer Shari Freidenrich
transmitting the Monthly Investment Report for June 2001.
City Treasurer Freidenrich reported from the PowerPoint presentation announced earlier by the City
Clerk as a Late Communication.
City Treasurer Freidenrich referred to the first chart as a trend of the portfolio by type. She stated
that the second chart essentially reflects diversity, largely in Federal and local agencies.
City Treasurer Freidenrich stated that she was pleased to announce that the updated chart shown
on the slide projector titled All Funds Est. Cash Flow, differs from the. hard copy of the chart found in
the Late Communication that makes reference only to the General Fund. She compared and
contrasted the changes.
Councilmember Garofalo inquired regarding Slide No. 4 in terms of liquidity. He asked to identify
on Slide No. 6, the location where revenue will exceed expenses.
City Administrator Silver announced that the utility bill system "going live" is approximately a year
into the future.
City Treasurer Freidenrich provided details on several ways the new system will enhance customer
service, such as the ability to go online for address changes.
A motion was made by Garofalo, second Dettloff 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, Bond Proceeds, and Deferred Compensation Activity for June
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, Dettloff, Bauer
NOES: None
ABSENT: None
(18) August 6, 2001 - Council/Agency Minutes - Page 18
(Public Financing Authority) Held Regular Meeting of the Huntington Beach Public Financing
Authority (125.35)
Call to Order
Chair Julien Houchen called the regular meeting of the Huntington Beach Public Financing
Authority to order.
Huntington Beach Public Financing Authority Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent: None
(Public Financing Authority) Approved and Adopted Minutes
On motion by Dettloff, second Garofalo approved and adopted minutes of the January 16, 2001
regular meeting of the Huntington Beach Public Financing Authority as written and on file in the
Office of the Secretary. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: Green
Chair Julien Houchen convened to a Joint Public Hearing of the Huntington Beach City Council and
the Public Financing Authority:
(City Council/Huntington Beach Financing Authority) Joint Public Held Authorizing Issuance
of PFA Lease Revenue Bonds to Finance South Beach Phase II Improvements and the
Huntington Central Park (HCP) Sports Complex —Adopted Council Resolution No. 2001-47
and Adopted PFA Resolution No. 14 (330.60)
Mayor/Chair Julien Houchen announced that this was the time scheduled for a joint public hearing
of the Huntington Beach City Council/Public Financing Authority to consider a communication from
the Administrative Services Director and the Community Services Director regarding authorizing the
issuance of Lease Revenue Bonds by the Huntington Beach Public Financing Authority for
Huntington Central Park Sports Complex and Phase II South Beach Area Improvements.
The joint public hearing is being held in accordance with Section 6586.5(a)(2) of the California
Government Code with respect to the financing of improvements by means of the issuance of
revenue bonds (the "Bonds") by the Huntington Beach Public Financing Authority (the "Authority") in
an amount not to exceed $33,000,000. The improvements to be financed will be located in the city
and will consist of the development of a 45-acre sports complex and Phase II improvements to the
city's South Beach area.
Legal notice as provided to the City Clerk/Secretary's Office by staff had been mailed, published
and posted.
A PowerPoint presentation titled 2001 Lease Revenue Bond Issue is included in the agenda packet.
(19) August 6, 2001 - Council/Agency Minutes - Page 19
Community Services Director Ron Hagan reported that the lowest bidder withdrew its bid and that
the second lowest bidder is below budget.
Principal Civil Engineer Doug Stack responded to Council's questions regarding unanticipated
contingencies, explaining that there is $3.2 million built in to handle such an emergency.
Councilmember/Director Boardman expressed concern over when church and industrial use will
take place in order to generate revenue. She inquired as to whether a facility maintenance
schedule had been determined as the fields will have nearly constant use.
Community Services Director Hagan stated that he will provide figures at the next meeting,
informing Council that fees should increase at a greater rate than maintenance costs and that the
debt service should remain constant.
Mayor Pro TemNice Chair Cook requested a 30-year pro forma.
Mayor/Chair Julien Houchen declared the public hearing open.
Prior to announcing the public speakers, the City Clerk/Secretary restated for the record the
following Late Communications that pertain to the joint public hearing:
Three letters submitted by the Office of Assemblyman Tom Harman to the City Clerk's Office on
August 6, 2001 transmitting support for the development of a Youth/Adult Sports Complex in
Huntington Central Park. Communications titled Save Our Kids (SOK) — Central Park Funding
Vote.
Huntington Central Park Construction Cost Report prepared by the Community Services Director
dated August 6, 2001.
David Smith, Regional Commissioner of the American Youth Soccer Organization (AYSO)
Region 55, expressed his gratitude for the receipt of a recent grant. Mr. Smith urged a favorable
vote on the Huntington Central Park (HCP) Sports Complex, which he considers to be a long -
anticipated project.
Don McGee spoke in opposition to the Huntington Central Park (HCP), referring to the costs as
being high even without the price of the removal of the lead contamination. Mr. McGee stated that
cosmetic changes are being made while the infrastructure crumbles.
Barry Williams, President, Ocean View Little League, stated his objection what he considers to be
overbuilding at the expense of losing open space that meets the needs of kids for youth sports.
Mr. Williams enumerated other benefits to be derived from maintaining open space, urging funding
for the Huntington Central Park (HCP) Sports complex.
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/Chair.
Councilmember/Director Boardman referred to the Late Communication from Community Services
Director Hagan, ascertaining that the construction costs are based on the second lowest bid.
Cou ncilmembe r/Di rector Boardman stated that it is not an issue of kids and open space, presenting
her concern that there is a problem to pay for Huntington Central Park (HCP) Sports Complex
(20) August 6, 2001 - Council/Agency Minutes - Page 20
funding when citizens are being asked to pay a sewer service user charge for repairs. She stated
that she was in support of the HCP when the cost was estimated at one and a half million, but now
the estimate is $18 million.
Mayor Pro TemNice Chair Cook inquired if the transfer of funds from the Public Financing Authority
required a Measure C vote, to which Community Services Director Hagan responded that it does
not.
A motion was made by Garofalo, second Green to:
1. Conduct a public hearing and close the hearing;
and
2. Adopt City Council Resolution No. 2001-47 — "A Resolution of the City Council of the City of
Huntington Beach Approving Proceedings to Finance the Costs of Certain Capital
Improvements of the City, Approving Issuance of Lease Revenue Bonds by the Huntington
Beach Public Financing Authority for Such Purposes, and Approving Related Documents and
Official Actions;"
and
3. Adopt Public Financing Authority Resolution No.14 — "A Resolution of the Board of
Directors of the Huntington Beach Public Financing Authority Authorizing the Issuance and Sale
of Lease Revenue Bonds in an Aggregate Amount Not to Exceed $33,000,000 to. Finance the
Costs of Certain Capital Improvements for the City of Huntington Beach and Approving Related
Documents and Official Actions."
The motion carried by the following roll call vote:
AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
Adjournment — City Council/Public Financing Authority
Mayor/Chair Julien Houchen adjourned the Joint Public Hearing of the City Council and the Public
Financing Authority.
The Mayor/Chair convened to the Annual Meeting of the Huntington Beach Civic Improvement
Corporation.
(Civic Improvement Corporation) Held Annual Meeting of the Huntington Beach Civic
Improvement Corporation (125.20)
Call to Order
President Houchen called the Annual meeting of the Huntington Beach Civic Improvement
Corporation to order
(21) August 6, 2001 - Council/Agency Minutes - Page 21
Civic Improvement Corporation Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent: None
Election of Officers
A motion was made by Garofalo, second Dettloff to approve the election of:
Mayor Pam Julien Houchen — President;
Mayor Pro Tern Debbie Cook — Vice President; and
City Clerk Connie Brockway — Secretary.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(Civic Improvement Corporation) Approved and Adopted Minutes
On motion by Garofalo, second Dettloff approved and adopted the minutes of the regular meeting
held July 5, 2000 as written and on file in the Office of the Secretary. The motion carried by the
following roll call vote:
AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: Boardman, Cook
Adjournment — Civic Improvement Corporation
President Julien Houchen adjourned the Annual Meeting of the Huntington Beach Civic
Improvement Corporation.
Reconvened City Council/Redevelopment Agency Meeting
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Speed Limits on Heil Avenue — 35 MPH from Saybrook Lane to Bolsa Chica Street
and 40 MPH from Bolsa Chica to Newland Streets (580.60)
(City Council) Reimbursement to Private Property Owner for Parkway Tree Replacement at 20412
Ravenwood Lane, Huntington Beach (320.45)
(City Council) Plans and Specifications and Advertisement of Bids for Public Improvements for
Pedestrians (on Various Local Streets and Meadow View School), MSC 409 —Sample Construction
Contract (600.50)
(22) August 6, 2001 - Council/Agency Minutes - Page 22
Consent Calendar — Items Approved
On motion by Garofalo, second Dettloff, Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote: -
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City
Council/Redevelopment Agency regular adjourned meetings of July 14, 2001 and regular meetings
of July 16, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Approved 2000-2001 Annual Report of the Huntington Beach Auto Dealer
Business Improvement District (BID) and Adopted Resolution of Intention No. 2001-44 to
Levy an Annual Assessment for Fiscal Year 2001-02 — Scheduled Public Hearing for
Tuesday, September 4, 2001 (460.30) —1. Approved the Huntington Beach Auto Dealers
Business Improvement District Annual Report for FY 2000/2001; and 2. Adopted City Council
Resolution No. 2001-44 — "A Resolution of the City Council of the City of Huntington Beach
Declaring its Intention to Levy an Annual Assessment for Fiscal Year 2001-02 to Fund
Improvements within the Huntington Beach Auto Dealers Business Improvement District;"and
3. Directed the City Clerk to schedule a public hearing to be held on September 4, 2001, and send
copies of the Resolution, BID Boundary Map, and assessment formula to each business to be
assessed. Submitted by the Economic Development Director. Funding Source: Not Applicable.
(City Council) Adopted Resolution No. 2001-45 Establishing the Annual Gann Tax Proceeds
Appropriation Limit for Fiscal Year 2001-2002 (340.90) — Adopted Resolution No. 2001-45, a
resolution establishing the appropriation limit of $377,541,514 for fiscal year 2001/2002 — "A
Resolution of the City Council of the City of Huntington Beach Establishing the Appropriation Limit
for Fiscal Year 2001-2002." Submitted by the Administrative Services Director. Funding Source:
Not Applicable.
(City Council) Accepted the Slater Channel Improvement Project, CC-1089 and Authorized
the City Clerk to File a Notice of Completion (Mesa Construction Projects, Inc.) (600.60) —
Accepted the Slater Channel Improvement Project, CC-1089 at a final cost of $3,494,505.40, and
authorized the City Clerk to file a Notice of Completion with the County Recorder's Office.
Submitted by the Public Works Director. Funding Source: Federal Emergency Management
Agency (FEMA) grant funds — $2,400,000 and Drainage Funds — $1,220,472 were authorized for
this project. (On July 16, 2001, Council authorized the transfer of project contingency funds to the
supplemental funds.)
(City Council) Approved Amendment to Cooperative Agreement No. C-0-0167 Between the
City and the Orange County Transportation Authority (OCTA) for Extension of Term of
Current Agreement for the Intelligent Transportation System (ITS) Master Plan --Travel TIP
System (600.25) — Approved and authorized the Mayor and City Clerk to execute Amendment
No. 1 to Cooperative Agreement No. C-0-0167 between Orange County Transportation Authority
and City of Huntington Beach. Submitted by the Public Works Director. Funding Source: No
funding is required for the amendment.
(23) • August 6, 2001 - Council/Agency Minutes - Page 23
(City Council) Adopted Annual Disadvantaged Business Enterprises (DBE) Goal for Fiscal
Year 2001/2002 (For Minority and Female -Owned Businesses) (340.70) — Adopted the Annual
Disadvantaged Business Enterprises (DBE) goal of 1.65%. Submitted by the Public Works
Director. Funding Source: Not Applicable. (In order to receive financial assistance from the
Federal Highway Administration (FHWA), the City must adopt an annual Disadvantaged Business
Enterprises (DBE) goal which sets target levels for female -owned and ethnic minority -owned
businesses in its contracts on Federal aid projects.)
(City Council) Approved the Release of Securities for Tract No. 15734 and Notice of
Acceptance of Public Improvements (Signal Landmark) — s/w Corner of Bolsa Chica Street
and Los Patos Avenue (420.60) —1. Accepted the improvements constructed and dedicated for
public use with Tract No. 15734; and 2. Released Signal Landmark, Faithful Performance/Labor
and Material Bond No. 1677807 and Monument Bond No. 1677808 pursuant to California
Government Code Section No. 66499.7; and 3. Accepted Signal Landmark's Guarantee and
Warranty Maintenance Bond No. 1677807-M, the security furnished for guarantee and warranty of
improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instructed
the City Clerk to notify the developer, Signal Landmark, of this action, and the City Treasurer to
notify the Surety, Insurance Company of the West, of this action; and 5. Instructed the City Clerk
to record the Notice of Acceptance of Public Improvements with the Orange County Recorder.
Submitted by the Public Works Director. Funding Source: Not Applicable.
(City Council) Approved a Professional Services Contract Between the City and Berryman
and Henigar, Inc. for Project Manager for the City Hall First Floor Tenant Improvements of
the Administrative Services Department and the City Treasurer's Office (600.10) —1.
Approved and authorized the Mayor and City Clerk to execute the Professional Services Contract
with Berryman & Henigar, Inc. for Project Management for the first floor tenant improvements
Professional Services Contract between the City of Huntington Beach and Berryman & Henigar for
Project Management Services, and 2. Authorized the Director of Public Works to expend monies to
cover contract amount of $125,000 and contingencies of $10,000 for a total expenditure not to
exceed $135,000. Submitted by the Public Works Director. Funding Source: $135,000 in General
Fund Capital Improvements Account, Civic Center Improvements.
(City Council) Approved Fiscal Year 2001/02 Proposed Budget — West Orange County Water
Board (WOCWB) Joint Powers Authority (320.80) — Approved the 2001/02 proposed West
Orange County Water Board Budget in the amount of $324,800. Submitted by the Public Works
Director. Funding Source: Water Fund, Water Administration, WOCWB Maintenance Account.
Total proposed budget is $324,800; Huntington Beach's share for the fiscal year is $182,213, with
$67,780 funded by reserves and interest. The net contribution for FY 2001/02 will be $114,433.
(WOCWB Joint Powers Authority cities are Garden Grove/Seal Beach/Westminster/Huntington
Beach. Councilmembers David Garofalo and Peter Green represent the City of Huntington Beach
on the Board -and are recommending adoption of the budget.)
(City Council) Approved Plans and Specifications and Authorized Advertisement of the Fire
Station 1 — Gothard Gas Pump Canopy Over Fuel Island Project, CC-1172 — Approved
Sample Construction Contract (600.80) —1. Approved the project plans and specifications and
authorized the Director of Public Works to request bids for the Fire Station 1 — Gothard Gas Pump
Island Canopy Project, CC-1172; and 2. Approved the attached Sample Contract subject to award
of the contract to the lowest responsive/ responsible bidder. Submitted by the Public Works
Director. Funding Source: $80,000 — General Fund, Fire Suppression, Capital Expenditure
Account. (Improvements are required in order to conform with the Clean Water Act; the Drainage
Area Master Plan (DAMP) adopted by the County of Orange and the City; and the City's Municipal
Code, Chapter 14.25.)
(24) August 6, 2001 - Council/Agency Minutes - Page 24
(City Council) Approved Plans and Specifications and Authorized Advertisement of Traffic
Signal Communications Modifications of 21 City Intersections and Operation Upgrade
Project (TSCOUP) Phases I and II, CC-1163 — Approved Sample Construction Contract
(600.55) —1. Approved plans and specifications, and authorized the Director of Public Works to
request bids for the TSCOUP I and II Projects; and 2. Approved the attached Sample Contract
subject to award of the contract to the lowest responsive/responsible bidder. Submitted by the
Public Works Director. Funding Source: $500,000 — Orange County Transit Authority/Signal
Improvement Program (OCTA/SIP) Fund, Traffic Signal Improvements Account, $400,000 was
provided through two OCTA (SIP) fund grants ($200,000 each) and $100,000 through City Measure
M Local Turnback funds. (The 21 intersections that will receive the improvements are identified in
Attachment No. 1 of the staff report.)
(City Council) Adopted Resolution No. 2001-48 Confirming Reports of Cost for 2001 Weed
Abatement on 93 Private Property Lots Within the City — Directed Charges be Certified to the
2001-02 County Tax Rolls (520.80) — Adopted Resolution No. 2001-48, Confirming Reports of
Cost for Weed Abatement on Lots within the City — 2001 Season, and directed that all charges
listed thereon be certified to the County 2001-2002 Tax Roll — "A Resolution of the City Council of
the City of Huntington Beach Confirming Reports of Cost for Weed Abatement on Lots within the
City— 2001 Season." Submitted by the Public Works Director. Funding Source: All costs incurred
by the City for cleaning any private property constitute a special assessment upon such parcel of
land. Such special assessment shall be collected at the same time and in the same manner as
ordinary County property taxes in the amount of $17,103.99.
(City Council) Accepted Bid and Awarded Construction Contract to J. Cardenas
Construction for the Water Meter Box Replacement Project;-WSC 016 (at Various Locations
Throughout the City) (600.75) —1. Accepted the low responsive/responsible bid submitted by
J. Cardenas Construction for the Water Meter Box Replacement Project; and 2. Authorized the
Mayor and City Clerk to execute a construction contract between the City of Huntington Beach and
J. Cardenas Construction in substantially the same form as the attached sample contract, including
required insurance and upon approval as to form by the City Attorney, in the.amount of $22,005;
and 3. Authorize the Director of Public Works to expend a total of $35,000, including the contract
amount of $22,005, change orders in the amount of $2,200.50, and supplemental expenditures of
$10,794.50. Submitted by the Public Works Director. Funding Source: $35,000 — Water Meter
Account.
(City Council) Adopted Resolution No. 2001-49 Supporting West Orange County Transit
Project Definition Study to be Forwarded to the Orange County Transportation Authority
(OCTA) (940.50) — Adopted Resolution No. 2001-49 — "A Resolution of the Huntington Beach City
Council Supporting the West Orange County Project Definition Study" and forward it to the Orange
County Transportation Authority (OCTA). Submitted by the Public Works Director. Funding
Source: Not Applicable.
(City Council) Set Speed Limits on Heil Avenue: (1) Set at 40 MPH (Failed to Set Speed Limit
at 35 MPH) from Saybrook Lane to Bolsa Chica Street and Retained Existing Speed Limit of
40 MPH from Bolsa Chica to Newland Streets (580.60)
The City Council considered a communication from the Police Chief and the Public Works Director
requesting speed limits of 35 miles per hour to be posted on Heil Avenue from Saybrook Lane to
Bolsa Chica Street and 40 mph from Bolsa Chica Street to Newland Street as established in
Ordinance No. 3479 and Ordinance No. 3495.
(25) August 6, 2001 - Council/Agency Minutes - Page 25
Councilmember Garofalo requested that this agenda item be removed from the Consent Calendar
to discuss the merits of lowering the speed limit posting to 35 miles per hour from Saybrook Lane to
Bolsa Chica Street. Interim Transportation Manager Tom Brohard reported on the use of radar
enforcement at the higher speed of 40 miles per hour.
Chief Lowenberg addressed Council that as Police Chief and based on his experience with the
difference between being able to use radar or not, it is safer that the speed be set at 40 mph, which
would allow radar to be used.
A motion was made by Garofalo, second Green to set the speed limit to 35 miles per hour from
Saybrook Lane to Bolsa Chica Street, and 40 mph from Bolsa Chica Street to Newland Street as
established in Ordinance No. 3479 and Ordinance No. 3495. The motion failed by the following roll
call vote:
AYES: Green, Garofalo
NOES: Boardman, Cook, Julien Houchen, Dettloff, Bauer
ABSENT: None
A motion was made by Dettloff, second Boardman to set speed limit to 40 miles per hour from
Saybrook Lane to Bolsa Chica Street and from Bolsa Chica Street to Newland Street as established
in Ordinance No. 3479 and Ordinance No. 3495. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: Garofalo
ABSENT: None
(City Council) Approved Reimbursement in the Amount of $150 to Private Property Owner
for Parkway Tree Replacement at 20412 Ravenwood Lane, Huntington Beach (320.45)
The City Council considered a communication from the City Beautification, Landscaping and Tree
Council Committee (BLT) Chair, Mayor Pro Tern Cook and Councilmembers Bauer and Garofalo
requesting approval of reimbursement to a property owner for the removal and replacement of a
parkway tree at 20412 Ravenwood Lane.
Councilmember Dettloff requested that this agenda item be removed from the Consent Calendar to
inquire as to what had happened to the tree.
Public Works Director Beardsley described how the tree had been damaged beyond repair and
reported on its replacement With a compatible type.
A motion was made by Garofalo, second Cook to approve reimbursement and direct staff to refund
$150 to the property owner from the Tree Maintenance Agricultural Materials expense account. The
motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: Dettloff
ABSENT: None
(26) August 6, 2001 - Council/Agency Minutes - Page 26
(City Council) Approved Plans and Specifications and Authorized the Advertisement of Bids
for Public Improvements for Pedestrians (on Various Local Streets and Meadow View
School), MSC 409 — Approved Sample Construction Contract (600.50)
The City Council considered a communication from the Public Works Director requesting the
advertisement for pedestrian improvements, MSC 409.
Councilmember Boardman requested that this agenda item be removed from the Consent Calendar
to inquire regarding the feasibility of using a rubber material that she had read about, which was
developed for repair of sidewalks damaged by trees.
Public Works Director Beardsley responded that staff is contacting the Santa Monica city inspector
to obtain a sample quantity of the product for experimentation.
A motion was made by Boardman, second Dettloff to 1. Approve the Plans and Specifications, and
authorize the Director of Public Works to request construction bids; and 2. Approve the attached
Sample Construction Contract subject to award of contract to lowest responsible/responsive bidder.
The motion carried by the following roll call vote:
AYES: Boardman, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Green, Cook, Garofalo out of the room)
(City Council) Adopted Resolution of Intent No. 2001-46 Providing Notice that on
September 4, 2001 the City Council will Consider Adoption of Ordinance No. 3501 to Amend
the Contract with PERS (Public Employees' Retirement System) to Provide Benefits for Local
Police Safety and Ocean Lifeguard Members: (1) Section 21362.2 (3% @ 50 Full Formula) and
(2) Section 21574 (Fourth Level of 1959 Survivors) (720.20)
The City Council considered a communication from the Administrative Services Director requesting
Council approval to amend the contract with the Public Employees' Retirement (PERS) to provide
Section 21362.2 (3% @ 50 Full Formula) and Section 21574 (Fourth Level of 1959 Survivors)
Benefits for local police safety and ocean lifeguard members. Government Code Section 7507
requires that the future annual costs of the proposed contract amendment be made public at a City
Council meeting at least two weeks prior to the adoption of the final ordinance. These costs are as
follows:
1. Change in the Present Value of Benefits $8,464,948
2. Change in the Unfunded Accrued Liability ($4,378,995)
3. Change in the Employer Rate 1.745%
Administrative Services Director Clay Martin reported.
A motion was made by Dettloff second. Green to:
1. Adopt Resolution of Intent No. 2001-46 — "A Resolution of the City Council of the City of
Huntington Beach: (A) Stating the City Council's Intention to Approve an Amendment to the
Existing Contract between the Board of Administration of the California Public Employees'
Retirement System and the City Council of the City of Huntington Beach, and (B) Providing
Notice that on September 4, 2001, the City Council will Consider Adoption of Ordinance No.
3501, Approving Said Contract Amendment, the Subject Matter Being the Provision of the 3% at
(27) August 6, 2001 - Council/Agency Minutes - Page 27
50 Benefit and the Fourth Level of 1959 Survivor Benefits to Local Police Safety Members and
Ocean Lifeguards,"
and
2. After City Clerk reads by title, approve Introduction of Ordinance No. 3501 — "An Ordinance of
the City of Huntington Beach Authorizing an Amendment to the Contract between the City
Council of the. City of Huntington Beach and the Board of Administration of the California Public
Employees' Retirement System, Concerning Retirement Benefits for Local Police Safety
Members and Ocean Lifeguards,"
and
3. Authorize the Mayor to sign and the City Clerk to attest to the Certification of Member
Contribution Rate;
and
4. Authorize the City Clerk to attest to the Certification of Compliance with Government Code
Section 7507,
and
5. ,Authorize the Mayor to sign and the City Clerk to attest to the Agreement to Pool 1959 Survivor
Benefits Assets and Liabilities between the Board of Administration, California Public
Employees' Retirement System and the City Council, City of Huntington Beach.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Garofalo out of the room)
(City Council) Motion Failed to Approve Introduction of Ordinance No. 3502 Adopting
Huntington Beach Municipal Code Section 14.54 to Implement the Sewer Service User
Charge — Staff Directed to Return August 20, 2001 with a Draft Ordinance Collecting $5.6
Million/Year in Sewer Service User Fees and $700,00/Year from General Fund (340.20)
The City Council considered a communication from the Public Works Director transmitting that at its
regularly scheduled meeting of February 20, 2001, the City Council directed staff to proceed with
the implementation of an ongoing sewer service user charge that fully funds the rehabilitation,
replacement, repair and maintenance of all City -owned sewers and lift stations. The implementing
ordinance is ready for approval for introduction.
A new Sewer Service Fund will be created if the Council adopts the ordinance. Upon adoption of
the proposed rates, it is anticipated that approximately $6.3 million in annual revenue will be
available for sewer maintenance, repairs and rehabilitation.
Communication dated July 2001 and titled City of Huntington Beach — Sewer Service Charge
Approach is included in the agenda packet.
(28) August 6, 2001 - Council/Agency Minutes - Page 28
Deputy Public Works Director Paul Emery presented the PowerPoint presentation announced
earlier as a Late Communication by the City Clerk.
Councilmember Dettloff reported on the support received from the members of the Infrastructure
Advisory Committee (IAC) and everyone involved in.the work entailed in the sanitary sewer
program.
Mayor Pro Tern Cook inquired if the Oversight Committee issue had been written into the ordinance
to which Deputy Director Emery referred to page F-2.9 of the staff report.
Councilmember Boardman informed Council that she will only support a $5.6 million annual fee, as
long as General Fund monies make up the difference of $700,000 from the total of $6.3 million.
City Administrator Ray Silver referred to the Late Communication dated August 3, 2001 received
from the Public Works Director transmitting an amendment the Infrastructure Planning Committee
(IPC) requests to be added to Section 1, Findings and Intent, of the proposed ordinance.
Councilmember Dettloff stated that this is a health and safety issue, not to be compared with the
Huntington Central Park (HCP) Sports Complex issue. Councilmember Dettloff stated her
concurrence with Councilmember Green that both are essential to meeting the needs of the
community.
After the City Clerk read by title, a motion was made by Dettloff, second Bauer to 1. Approve, as
amended per the foregoing Late Communication from the Public Works Department,
introduction of Ordinance No. 3502 — "An Ordinance of the City of Huntington Beach Adopting
Chapter 14.54 of the Huntington Beach Municipal Code Regarding Implementation of a Sewer
Service User Charge Pursuant to California Health & Safety Code Section 5470, Et Seq. and
Making Findings in Support Thereof," and 2. Direct staff to return on the August 20, 2001 City
Council regular meeting with a Resolution to establish rates and charges; including a methodology
or formula for annual review of the rates and charges. It was initially determined that the motion
carried* by the following roll call vote:
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook, Garofalo
ABSENT: None
*A determination was made later in the meeting that the motion required five affirmative
votes, thus rendering this motion to have failed.
Councilmember Dettloff expressed her concern over what she expects will be the disappointed
reaction of the Infrastructure Planning Committee at the outcome of the vote.
Based on the foregoing determination, the following motion was taken later in the meeting:
A motion was made by Boardman, second Cook to direct staff to return at the August 20, 2001
meeting with an ordinance to pay $5.6 million per year from the sewer service fee and find
$700,000 from the General Fund. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: Garofalo
ABSENT: None
(29) August 6, 2001 - Council/Agency Minutes - Page 29
(City Council) Approved Introduction of Ordinance No. 3500 to Amend Huntington Beach
Municipal Code Chapter 9.88 Relating to Solicitation for Employment and Contributions
(640.10)
The City Council considered a communication from the City Attorney requesting approval of the
introduction of Ordinance No. 3500 amending the Huntington Beach Municipal Code Chapter 9.88
relating to solicitation from employment and contributions.
City Attorney Gail Hutton reported.
Councilmember Bauer announced that the Legal Affairs Committee has reviewed the ordinance
and finds it appropriate.
After the City Clerk read by title, a motion was made by Bauer, second Garofalo to approve
introduction of Ordinance No. 3500 - "An Ordinance of the City of Huntington Beach Amending
Chapter 9.88 of the Huntington Beach Municipal Code Relating to Employment Solicitation"
repealing sections found to be unconstitutional in a case involving a very similar ordinance in Los
Angeles. Adopt new regulations patterned after an ordinance in a case where the appellate court
ruled the ordinance constitutionally sound. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Announcement Made of the Appointment of Mayor Pam Julien Houchen as
City Delegate and Mayor Pro Tern Debbie Cook as Alternate to the League of California Cities
Annual Conference (150.40)
The City Council considered a communication from Mayor Pam Julien Houchen transmitting the
following Statement of Issue: the Annual Conference for the League of California Cities will be
held in Sacramento at the Convention Center this year from Wednesday, September 12 through
Saturday, September 15, 2001. An important aspect of the annual conference is the annual
business meeting when the membership takes action on conference resolutions. Each city is
entitled to one vote in matters affecting municipal or League policy.
The League has requested notification no later than Friday, August 17, 2001 of the names of our
City Council delegate and alternate. Traditionally the City Council has appointed the Mayor as its
delegate with the Mayor Pro Tern acting as alternate unless they are unable to attend. Since both
the Mayor Pro Tern and I will be attending the conference this year, I respectfully request that the
Council formally appoint us as the delegate and alternate.
A motion was made by Julien Houchen, second Garofalo to 1. Appoint Mayor Pam Julien
Houchen to serve as the delegate for the City of Huntington Beach at the Annual Conference of the
League of California Cities, September 12 through 15, 2001;and 2. Appoint Mayor Pro Tern
Debbie Cook to serve as the alternate for the City of Huntington Beach at the Annual Conference
of the League of California Cities, September 12 through 15, 2001. The motion carr*ied by the
following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo,. Dettloff, Bauer
NOES: None
ABSENT: None
(30) August 6, 2001 - Council/Agency Minutes - Page 30
(City Council) Approved Request for Reconsideration of Adoption at the July 16, 2001
Meeting of Resolution No. 2001-43 Fixing the Fiscal Year 2001/02 Tax Rate - Directed Staff to
Return at August 20, 2001 Meeting with Alternative Resolution Setting Tax Rate at Zero with
Matter of Suspending Tax Override Included (Public Employees Retirement (CalPERS)/
Howard Jarvis Property Tax Lawsuit) (340.90)
The City Council considered communication received from Councilmember Dave Garofalo
transmitting the following Statement of Issue: At the July 16, 2001 City Council meeting, the City
Council voted 4-3 in favor of adopting Resolution No. 2001-43 fixing the Fiscal Year 2001/02 tax
rate for the City of Huntington Beach at $0.04930 per $100 of assessed valuation and impounding
the tax revenue. At this time, I am requesting reconsideration of the collection of this tax. This is
primarily based on the fact that the City Administrator was not present and his public input is
important.
A motion was made by Garofalo, second Cook to request reconsideration of the July 16, 2001 City
Council decision regarding the collection of the retirement tax revenue. The motion carried by the
following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo
NOES: Dettloff, Bauer
ABSENT: None
Discussion was held regarding Resolution No. 2001-43, adopted at the July 16, 2001 meeting, and
the alternative resolution setting the tax rate at zero, copies of which are both included in the
agenda packet.
A motion was made by Garofalo, second Cook to direct staff to present at the August 20, 2001
meeting, a resolution suspending the tax override included. The motion carried by the following roll
call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo
NOES: Dettloff, Bauer
ABSENT: None
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 Monday, August 13, 2001 at 4:00 p.m., in the Council
Chambers, Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio Clerjeof the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
44. 04W�
City Clerk -Clerk ayor-Chairman