HomeMy WebLinkAbout2001-09-04 (7)Minutes
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
Tuesday, September 4, 2001
An audio tape 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 Pro Tern Cook 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 8-8.
City Council/Redevelopment Agency Roll Call
Present: Green, Cook, Garofalo, Dettloff, Bauer (Julien Houchen arrived 5:25 p.m.)
Absent: Boardman
City Cleric Announced Late Communication Which Pertains to the Study Session
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late
Communication regarding the study session that had been received following distribution of the
agenda:
Matrix submitted by the Economic Development Department transmitting a summary of sales tax
revenue sharing agreements. Matrix dated August 31, 2001 and titled Summary of Sales Tax
Revenue Sharing Agreements.
(City CouncillRedevelopment Agency) Study Session - Presentation by the Economic
Development Department Re: the City's Business Development Division (460.30)
Business Development Project Manager Jim Lamb presented the PowerPoint report dated
September 4, 2001, titled Business Development Division - Economic Development Department,
which was included in the agenda packet.
Project Manager Lamb introduced two members of the Business Development team in attendance,
Assistant Project Manager Christy Teague and Development Specialist Tom Welch.
In addition to mentioning the way in which the Business Development Division works to retain,
expand, and attract businesses, Project Manager Lamb spoke regarding the role of the Economic
Development Committee.
(2) September 4, 2001 - Councii/Agency Minutes - Page 2
Referring to the matrix announced earlier by the City Clerk as a Late Communication, Project
Manager Lamb informed Council that the summary sheet provides greater detail relative to Sales
Tax Sharing Revenue Agreements.
Discussion was held pertaining to the items on the matrix, including the rebate assistance that the
Business Development Division provides to companies, for example Team Petroleum, which he
stated is currently doing business as Team Fuel (as shown on the matrix).
Project Manager Lamb spoke regarding other assistance provided. He informed Council that
Assistant Project Manager Teague handles relocation and on -going referral services for displaced
businessmen. Project Manager Lamb spoke regarding the revitalization of the Peter's Landing site
as an example of one area in which Business Development helped to fill vacant spaces, describing
the process involved as a renaissance (renewal) project.
Project Manager Lamb spoke regarding the variety of sources of information that the Business
Development Division makes available to the public, referring to its website and printed publications.
He informed Council that it is now possible to download the magazine produced by Business
Development, Community Overview, which saves printing costs, as it is a major document.
Assistant Project Manager Carol Runzel was credited by Mr. Lamb for having accomplished
updating the website with advertisements of all retail properties available for leasing.
Councilmember Garofalo referred to the PowerPoint slide titled OmbudsmanshiplTechnical
Assistance, speaking on "Advocate for Business," one of the bulleted points outlined.
Councilmember Garofalo spoke regarding the budget paid to contract employees, such as
counselors for the Small Business Assistance Center.
Project Manager Lamb informed Council that Development Specialist Welch specializes in
conducting industrial visits.
Discussion was held regarding the Economic Development Task Force, of which its "Red Team"
members according to Mr. Lamb, attend retail, broker and educational forums and events in order to
become ambassadors for the city.
Councilmember Garofalo inquired regarding the One -Stop ,Job Center that the city contracts with
through Community Development Block Grant (CDBG) funds.
Councilmember Garofalo thanked the Economic Development department for the specific services
provided, the sales tax increase generated, and the progress made on major projects, through which
he stated, a great number of jobs have been added.
Councilmember Bauer concurred, but stated that there is still room for a sizeable growth in sales tax
revenue.
City Administrator Ray Silver responded, speaking about the growth in jobs and revenue by types of
businesses.
Councilmember Green spoke regarding the cooperation and competition between the ten West
Orange County partner cities for projects such as Team Fuel. Councilmember Green inquired when
(3) September 4, 2001 - Council/Agency Minutes - Page 3
a meeting is scheduled with other Economic Development Directors to put this matter on the table of
equalizing and lowering the competitiveness between the Orange County cities.
In response, Project Manager Lamb informed Council that the industrial business sector is
cooperative, while retail is very competitive.
Economic Development Director Biggs added that competition takes place in the areas of
Redevelopment and "big box" development.
City Administrator Silver announced that there is a State legislation pending to introduce distribution
of the sales tax revenue growth.
The City Council thanked staff for its comprehensive report.
Motion to Recess to Closed Session -- Approved
A motion was made by Bauer, second Cook to recess to Closed Session on the following item. The
motion carried by the following roll call vote:
AYES: Green, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Boardman
1. (City Council) Closed Session - Pursuant to Government Code Section 54957.6 to meet with
its designated representatives, Agency Negotiators: William Workman, Assistant City
Administrator; William Osness, Personnel Director; and Daniel Cassidy, Esquire of Liebert,
Cassidy, and Frierson regarding labor relations matters - meet and confer with the following
employee organizations: HBMEA, HBMEO, and HBFMA. (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 Patrick P. Tocher, et al. v. City of Huntington Beach, et
al.; U.S. District Court Case No. SACV-96-366 AHS (Eex). Subject: Tocher, et al. v. City of
Huntington Beach, et al. (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 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)
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 Calvin Hollingsworth v. City of Huntington Beach;
Worker's Camp Case No. ANA 0309291; City Claim No. COHB-96-0199. Subject: Hollingsworth
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 Shugart v. City of Huntington Beach, United States
(4) September 4, 2001 - Council/Agency Minutes - Page 4
District Court, Case No. SA CV 91-0475 AHS (RWRx). Subject: Shugart v. City of Huntington
Beach. (120,80)
Reconvened City Council/Redevelopment Agency Meeting - 7:00 P.M. - Council Chambers
(City Council) Announcement Made by City Attorney of Action Taken Pursuant to
Government Code 554957.1 at the August 13, 2001 Council Closed Session — Approved and
Authorized Execution of a Settlement Agreement with Ionic Construction v. the City, OCSCC
No.00CC03470 (120.80)
City Attorney Gail Hutton reported that on Monday, August 13, 2001 the City Council convened in
closed session to discuss the matter of Ionic Construction v. City of Huntington Beach, Orange
County Superior Court Case No. OOCC03470.
The City Council voted unanimously, with Mayor Julien Houchen and Councilmember Green absent,
to authorize execution of a Settlement Agreement with Ionic Construction wherein both parties
dismiss their respective complaints with waiver of costs and fees.
City Council/Redevelopment Agency Roll Call
Present: Cook, Julien Houchen, Garofalo, Dettloff, Bauer (Green arrived 9.50 p.m.,
Boardman arrived 8:05 p.m.)
Absent: None
Mayor Julien Houchen announced that both Councilmembers Green and Boardman would be
arriving late due to their Tuesday evening teaching engagements.
Pledge of Allegiance — Led by Police Chief Ronald Lowenberg
Invocation - Offered by Assistant City Administrator William Workman
City Clerk Announced Late Communications Which Pertain to Items on the Agenda
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late
Communications regarding agenda items that had been received following distribution of the
agenda:
Matrix submitted by the Economic Development Department transmitting a summary of sales tax
revenue sharing agreements. Matrix dated August 31, 2001 and titled Summary of Sales Tax
Revenue Sharing Agreements.
Slide show presentation dated September 4, 2001 from the Department of Public Works titled 32-
Gallon and 60-Pound Capacity Limitation for Trash Cans - City Ordinance 8.20.050 - Adopted in
1972.
Planning Department PowerPoint presentation titled 2001 Downtown Parking Master Plan - Annual
Review and Monitoring Report.
Communication from Joyce Holmes dated September 4, 2001 transmitting opposition to the
proposed Police Department parking lot expansion.
(5) September 4, 2001 - Council/Agency Minutes - Page 5
Communication dated September 4, 2001 from Frank and Darleen Yee in opposition to the
expansion of the Police Department parking lot (CUP No. 00-39). Previously submitted letters from
Keith and Joyce Holmes and Jeff Owens in opposition the expansion are attached.
Slide show presentation from the Administrative Services Department titled Proposed Budget
2001103 Fiscal Years - Public Hearing.
Communication dated August 31, 2001 from the Community Services Department transmitting a
communication from Project Self -Sufficiency and a communication from the Seniors' Outreach
Division delineating program impacts of the proposed budget reductions.
Communications from Pearl Kelly, Michelle Norton, Dena Calise, and Thuan Le in opposition to the
proposed budget reductions relating to Project Self -Sufficiency.
Communication from Sandra McNally in support of keeping the Main Street Branch Library open.
Communications from Joe Caux, Steve and Lena Yee Hayashi, Chloe Pollock Mieczkowski,
Huntington Beach Tomorrow President Dave Sullivan, Thomas Lash, Leland and Alta Cole and
Mr. and Mrs. Ronald Schnorr in opposition to the development of a restaurant at "Dwight's at the
Beach" concession stand site.
Communication titled Transient Occupancy Tax in Main -Pier Redevelopment Subarea and
Conference & Visitors Bureau Information.
Communications from Maria I. Alvarado, Angelica Torres, Ancelma Rios, Ine Iturrios and
Sagrario Ponee in opposition to any budget reductions affecting the Oak View Branch Library.
Communication dated from Paula Budris in opposition to the closing of any library branches.
Communication from the Police Department titled Response to City Council Request for Costs
Associated with Police Citizen Academy.
Slide show presentation submitted by the Administration Department to the City Clerk's Office on
September 4, 2001 titled Huntington Beach City Theater.
Communication from Patricia L. Bril, Past -Chair and Member of the Huntington Beach Public Library
Board of Trustees, transmitting the Boards support for Alternative Action #1 regarding the
Huntington Beach Playhouse Lease issue.
Presentation - To Mayor Pam Julien Houchen by Laurie Davis, Donor Recruitment Representative
of the Orange County Red Cross, a plaque recognizing the City of Huntington Beach for the recent
contribution of 120 pints blood, doubling the previous contribution. The highest percentage of the
donation this year was made by the employees of the City Attomey's Office. (160.40)
Presentation - To Mayor Pam Julien Houchen by Vi Cowden, a commendation in appreciation of
her efforts in making the project of veterans flags on the HB Pier for 4'h of July successful. (160.40)
(6) September 4, 2001 - Council/Agency Minutes - Page 6
Received Presentation by the Rainbow Disposal Company on the Proposed Downsizing of
Trash Container Capacity and Weight (810.20)
Senior Vice President Ron Shenkman of Rainbow Disposal Company, Inc., played a one -minute
video recording. The public service announcement was presented as a reminder that people, and
not machines handle the trash containers, and as the reason for the proposed downsizing of the
capacity and weight.
Mr. Shenkman presented the PowerPoint report that had been announced earlier by the City Clerk
as a Late Communication. The slide show presentation submitted by the Department of Public
Works deals with the enforcement of Section 8.20.050(a) of the Huntington Beach Municipal Code
as it relates to trash container capacity and weight.
Public Comments
Tom Knipper stated his support of the D.A.R.E. program, requesting that funding remain in the city
budget. Mr. Knipper stressed the importance of this anti -substance abuse program in reaching
many middle school students.
Nancy Donaven expressed her gratitude to the City Council members for their hard work on the
budget. Ms. Donaven spoke in opposition to the proposed option of a restaurant to replace Dwight's
concession stand on the beach.
Don McGee spoke in opposition to the traffic congestion at Marine View School. Mr. McGee stated
that criticism should not be directed against Council as being "anti -children" with respect to the
Ocean View School District (OVSD) gymnasium project.
Joey Racano, Ocean Outfall Group (OOG) member, stated his intent of updating Councilmembers
with good news on the water quality issue. He invited them to join with the City of Seal Beach as the
county leader against ocean pollution and the 301(H) waiver for the Orange County Sanitation
District.
Vi Cowden expressed her appreciation by presenting a commendation to Mayor Julien Houchen for
her successful efforts in the HB Pier Veterans Flay project. Ms. Cowden stated that the four flags
honor Veterans on Memorial Day, Flag Day, the 4 h of July and Veterans' Day.
Ileana Bradford spoke as a single mother in support of Project Self Sufficiency. She expressed
opposition to the proposed Office Assistant position budget cut. Ms. Bradford stated reasons for
continuing, and the detrimental effects to the community of eliminating, the position.
Patti Wiebe distributed material to Council and staff, reflecting on the contributions made by the
Huntington Beach Playhouse to the capital expense fund over its years in operation. She spoke in
opposition to the staff recommendation as it would result in patrons paying higher rates for season
tickets. Ms. Wiebe stated her approval of the Playhouse option of giving back seven weeks to the
Library.
Lynn Scott stated her objection to the option proposed by the Library Board regarding the HB
Playhouse. Ms. Scott informed Council that she supports Alternative Action No.1 as set forth in the
Request for Council Action (RCA) which includes charging $3.50 per theater ticket.
(7) September 4, 2001 - Council/Agency Minutes - Page 7
Jo Anne Rankin, Friend of the Children's Library, spoke in opposition to the subsidy for the HB
Playhouse and in favor of the Library Board recommendation. She mentioned other organizations
she believes are willing to pay full rental rates. Ms. Rankin stated that while she enjoys theater
performances, she encourages the Playhouse to do fund-raising.
Patricia Marshall, Masters Repertory Theater Director, spoke in opposition to having to compete for
Library theater space. Ms. Marshall related what has been the experience encountered during the
holidays with the difficulty in obtaining accommodations.
Don MacAllister, HB Playhouse Hoard member and former Mayor, distributed a communication to
the City Council and the City Clerk, stating that the suggested changes in the Playhouse lease adds
financial burden. He inquired if other non-profit organizations will be equally charged.
Mr. MacAllister requested that the month -to -month rent be continued until a decision is made so that
the Playhouse can proceed with its 2002 season. He asked whether the prior outstanding debt
which he understood had been forgiven, is being used to justify staffs proposal.
(City Council) Council Response to Public Comments Re: HB Playhouse Lease (160.30)
Councilmember Garofalo asked the last speaker, Mr. MacAllister about the Playhouse's loading
procedure on Saturdays. Mr. MacAllister responded with information on move in/move out days,
stating that there is flexibility on the part of the Playhouse to share facilities by reducing the number
of days for performances.
Public Comments Resumed
Dawn Conant, HB Playhouse member, presented a handout to the City Council and the City Clerk,
stating her intent to address the lease agreement. She spoke in opposition to the proposed
increased costs to the HB Playhouse and in favor of Alternative No. 2 from the staff report as being
the most advantageous. Ms. Conant stated her approval of reducing the number of days for the
Playhouse by giving back seven weeks of rentable time to the Library. She cited figures and
calculations to demonstrate how this would yield increased revenue.
Phil de Barros, President Emeritus of the HB Playhouse, distributed a handout, speaking from it
regarding the history of the Playhouse. He related how the Library and the Playhouse made the
theater project a "win -win" situation, from the time the plan was presented to then City Administrator
Uberuaga, agreed upon by the Library Coalition and approved by Council. Mr. de Barros spoke
about the Master Plan revisions and agreement by the Orange County Board Supervisor,
Harriett Wieder..
Bill Verhagen, member, HB Playhouse Board of Directors, rebutted what he considers to be the
general misconception that the Playhouse will deprive children of services. He informed Council that
he met with staff and the Real Estate Division to discuss the issue of the ticket sales price.
Mr. Verhagen stated that if the theater had not signed the lease, there would not be a Playhouse.
Bettie Muellenberg, HB Playhouse President, announced that the Board of Directors is proud of
giving back seven weeks of unencumbered stage time. She distributed a handout to the City Council
and the City Clerk setting forth that the Board is in favor of Option No. 2 on the staff report.
Ms. Muellenberg reiterated from her handout that she did not believe holiday weekends would
(8) September 4, 2001 - Council/Agency Minutes - Page 8
present a problem for renters, stating that the Playhouse has used this time slot for the last eight
years.
Dorothy Boesch, Friends of the Library, spoke in opposition to what she considers to be
preferential treatment for the HB Playhouse. Ms. Boesch stated that she is not against the
Playhouse, but wishes it to co -exist with the Library without the latter paying an undue financial
burden.
Pat Bril, past Chair of the Library Board of Trustees, conveyed the Board's support of Alternative
No. 1 from the staff report; a proposal to increase the rental rate to the HB Playhouse. She stated
that amounts generated from the rental charges ought to be aligned with those of other facilities'
lease terms. Ms. Bril stated that the long standing subsidy should be rectified; that she can no longer
condone what she perceives as the financially privileged position of the Playhouse.
John Jankowski spoke in opposition to the recent mobile home survey, stating that Huntington -by -
the -Sea Mobile Home Park was not covered by the study. He presented a report showing that 84
people lost their mobile homes due to high rental charges. Mr. Jankowski stated that the major flaw
of the mobile home park study is that owners are not required to report their rental increases by
pleading the First Amendment to prevent self-incrimination.
William P. Bernard, representative of the Huntington Beach Mobile Home Owners Association
(HBMOA) and the Golden State Mobile Home Owners League (GSMOL), referred to the previous
speaker, Mr. Jankowski's report. He suggested that the "median" should have been used rather
than the "average" relative to the mobile home park survey. Mr. Bernard also spoke in opposition to
Ed Laird's proposed Property Rights Initiative, cautioning that if this Charter Amendment is passed
rents will be pushed to the maximum.
(City Council) Council Inquiry Re: Status of Report Requested on Market Study of Mobile
Home Park Results in Response to Public Comments (430.60)
In response to the public comments of the previous speakers regarding the market study of mobile
homes park results, Councilmember Boardman inquired if recalculations have been completed
minus the aberrant figures, as she had requested at a previous meeting.
Economic Development Director Biggs informed Council that it will be forthcoming in approximately
30 days, and that the Mobile Home Advisory Board (MHAB) members have a list of concerns
regarding the matter.
Public Comments Resumed
Tom Sobek, member, Mobile Home Advisory Board (MHAB), presented feedback from residents
regarding four areas which they believe the mobile home park market study is deficient.
Steve Gullage, President, Huntington Beach Mobile Home Owners (HBMHOA) stated that a
previous petition circulated statewide to prohibit rent control had failed four -to -one and that Council
had been the first city to oppose it. He requested that Council oppose the similar petition proposed
by Ed Laird and which is scheduled on the March 5, 2002 city ballot.
Debra True stated areas in which she believes the public hearing held on August 20, 2001 to
consider her application for a Conditional Use Permit (CUP) for a block wall was unfair.
(9) September 4, 2001 - Council/Agency Minutes - Page 9
In answer to Councilmember Garofalo's inquiry regarding Ms. True's options, Planning Director
Howard Zelefsky reported on steps to be taken for a reconsideration of the decision and the cost of
a re -application for a CUP.
Doug Korthof, member, Ocean Outfall Group (OOG), requested Council's participation to join with
the City of Seal Beach in opposition to the 301(H) waiver for the Orange County Sanitation District
(OCSD). Mr. Korthof spoke in support of secondary wastewater treatment due to effluent.
Norm Westwell stated his opposition to the proposed sewer service user fee. He spoke in favor of
reducing government; that the city is not in the business of financing social programs. Mr. Westwell
stated his objection to the D.A.R.E. program as unsuccessful; consultants being hired such as those
contracted for the Mello Roos re -districting; the city's customer service program; and expenditures
for the Peck Water Reservoir. He commended the work of Office Assistant Deborah Hearn.
Lou Baker stated his objection to the sewer service user fee, recommending other revenue
generating sources. Mr. Baker concurred with .Joey Racano in his opposition to the 301(H) waiver
for the Orange County Sanitation District (OCSD) and in his favor of secondary wastewater
treatment.
Tracy Evans stated opposition to the PSS program being cut. She spoke of the benefits she
received four years ago while a struggling single mother at the poverty level. Ms. Evans informed
Council that she is now an emergency room nurse at Hoag Hospital.
Debra Womack stated her support of keeping the Project Self Sufficiency (PSS) Program in the
budget. She illustrated how she was helped as a past PSS recipient with parenting and life skills.
Ms. Womack spoke of her career in child development.
Faye L. Boughton spoke in support of the Senior Outreach Program as a social worker. She
related that she was recently recovering from an illness and has found the program to provide
assistance and good care during a crisis period. Ms. Boughton, Senior Outreach Coordinator in the
1960s, spoke against cutting transportation services to help the elderly from the budget, and against
social workers helping home -bound people being eliminated.
The City Clerk announced that the following speakers signed up for the City Budget Public Hearing
acknowledge that their public comments will not be recorded as testimony:
Veronica Archuleta informed Council that she had been a Project Self Sufficiency (PSS) recipient
last year and related an incident regarding a friend who had also benefited from the program.
Ms. Archuleta spoke regarding the support of the community for the continuance of the program.
Greg Arbules, Chair, Project Self Sufficiency (PSS) Foundation, spoke in support of the program as
unique to the county. Mr. Arbules requested that Council not consider elimination of the PSS staff
position. He urged the continuance of the private/public partnership, which he stated has helped
countless single mothers and their families.
Donna Becker asked that the Banning Library Branch remain open, and not be cut from the budget.
Ms. Becker spoke regarding several programs it offers the community.
(10) September 4, 2001 - CouncillAgency Minutes - Page 10
Rosemary Buckley spoke in favor of keeping the Banning Library annex open. Ms. Buckley stated
that each Huntington Beach library branch makes a cultural contribution to the community it serves.
John Liggett addressed the potential closure of the library branches. Mr. Liggett, speaking as an
avid reader, encouraged Council to eliminate the option of the branch library closure.
Dr. Melvyn Sterling spoke in support of keeping the library annexes open. Dr. Sterling expressed
his admiration of the resources available to children in the city libraries, which he stated is strikingly
lacking in other cities' libraries.
Enes Eturrios informed Council that her major intent of speaking is to request that the Oak View
Community Branch Library not be cut from the budget. Ms. Eturrios stated that she visits the library
annex daily with her daughter who benefits from many programs.
Antonia Castaneda stated her support of keeping the Oak View Community Branch Library open
because her son takes classes there. Ms. Castaneda stated that she has transportation problems
and there is no branch library close by for her to travel in order to attend English language classes.
Segrario Ponce stated her opposition to the proposed closure of the Oak View Branch Library,
speaking of the many benefits that the computer and ESL (English as a Second Language) classes
provide for her and her three sons. She informed Council that she would be saddened if a vital part
of the community were to be taken away. She informed Council that a petition is being circulated so
that Council can realize the impact of the proposed budget cut.
Maria Alvarado stated that she has three children, and that even the four-year old checks out books
at the Oak View Branch Library. Ms. Alvarado requested Council to consider not closing the annex
due to the detrimental effects it would have on her children.
Gina Villaraga informed Council of the use of the Oak View Branch Library to hold the community
functions of the Oak View Collaborative.
Julie Antonajirgi, Project Self Sufficiency (PSS) stated that she participates in several community
groups, including the Friends of the Library. Ms. Antonajirgi spoke regarding how PSS provides
guidance to her.
(City Council) Announcement Made by the City Administrator in Response to Public
Comments that the Library Annex Closures is an Alternative Option and is not on the
Proposed Budget Cut List (950.10) -
In response to the foregoing public comments, City Administrator Silver announced that the closure
of library annexes is not on proposed budget cut list; that it is only being presented as an alternative
measure.
(City Administrator's Report) -- Received Presentation on the City's Videoconferencing
Library Services Facility (Located at the Central Library, 7111 Talbert Avenue) (210.10)
Subsequent to Councilmember Garofalo withdrawing a motion to continue this item to the next
Council meeting, Library Services Director Ron Hayden presented the PowerPoint report titled
Library Services will be provided regarding the city's Library Services Videoconferencing Facilities.
Highlights included grant funding, equipment installation, and current uses.
(11) September 4, 2001 - Council/Agency Minutes -Pagel 1
(City Council) Public Hearing Continued Open from August 20, 2001 - Accepted and
Approved Annual Review and Monitoring Report of the June 2000 to June 2001 Downtown
Parking Master Plan (Area Generally Bounded by Pacific Coast Highway, Sixth Street, Acacia
Avenue and Second Street) (440.30)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing continued
open from August 20, 2001 to consider:
Applicant: City of Huntington Beach Planning Department
Request: Annual review of the Downtown Parking Master Plan addressing building activity between
June 1, 2000 and June 1, 2001.
Location: Downtown Specific Plan area (generally bounded by Pacific Coast Highway, Sixth Street,
Acacia Avenue and Second Street).
Environmental Status: Notice is hereby given that this agenda item is covered under
Environmental Impact Report No. 82-2, approved in conjunction with the Downtown Specific Plan.
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 presentation that had been
announced earlier by the City Clerk as a Late Communication.
Councilmember Garofalo ascertained from Planning Director Zelefsky that the Master Plan is in
anticipation of Block 104.
Mayor Pro Tern Cook inquired regarding the Pierside Pavilion parking structure charge. Community
Services Director Ron Hagan responded with the fee amounts, comparing them to the city parking
structure rates which are lower.
Mayor Julien Houchen declared the public hearing open.
The City Clerk announced that no public speakers are present, restating for the record the foregoing
Late Communication that pertains to the hearing: PowerPoint presentation from the Planning
Department titled 2001 Downtown Parking Master Plan ---Annual Review and Monitoring Report.
There being no persons present to speak 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 accept as adequate and complete the Annual
Review and Monitoring Report of the Downtown Huntington Beach Parking Master Plana and forward
to the Executive Director of the California Coastal Commission. The motion carried by the following
roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green
(12) September 4, 2001 - Council/Agency Minutes - Page 12
(City Council) Public Hearing - Approved Adoption of Resolution No. 2001-56 - Annual
Assessment for Fiscal Year 2001-2002 to Fund Improvements Within Huntington Beach Auto
Dealers Business Improvement District (BID) (460.30)
Mayor Julien Houchen announced that this was the time scheduled to consider a communication
from the Economic Development Director on a public hearing pursuant to Resolution of Intention
No. 2001-44 adopted on August 6, 2001 to hear all interested persons for or against the continuation
of the Huntington Beach Auto Dealers Business Improvement District (BID) Assessment and the
furnishing of specified types of improvements or activities.
Said hearing is for the purpose of hearing all interested persons for or against levying of the
assessment, and the furnishing of specified types of improvements or activities. Protests may be
made orally or in writing; but, if written, shall be tiled with the City Clerk at or before the time fixed for
the hearing and contain sufficient documentation to verify business ownership and validate the
particular protest. If written protests are received by the owners of businesses within the District,
which will pay 50% or more of the total assessments to be levied, no further proceedings to levy the
proposed assessment shall be taken for a period of one year from the date of the finding of a
majority protest by the City Council. If the majority protest is only against the furnishing of a
specified type or types of improvements or activity within the District, those types of improvements or
activities shall be eliminated.
Fiscal Year 2001-2002 dealer assessments are based upon $830/month for each of the 13 member
dealers. Increases in Administrative Expense, Community Relations and the Annual Shop at Home
Campaign have been made in the budget. The majority of the assessment increases is due to the
increased cost of electricity.
The Huntington Beach Auto Dealers Association (HBADA) is the Board of Directors for the BID and
they proposed assessments for the BID for City Council review and approval. The HBADA
unanimously approved the 2001-2002 BID budget at their July 2001 meeting.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
Economic Development Director David Biggs presented a PowerPoint report titled HB Auto Dealer
Business Improvement District (BID), which was included in the agenda packet.
Mayor Julien Houchen declared the public hearing open.
There being no persons present to speak -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 Dettloff, second Cook to adopt City Council Resolution No. 2001-56 - "A
Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment for
Fiscal Year 2001-2002 to Fund Improvements within the Huntington Beach Auto Dealers Business
Improvement District" The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Green (Garofalo out of the room)
(13) September 4, 2001 - Council/Agency Minutes - Page 13
(City Council) Public Hearing — Approved to Continue Open, to a Date Uncertain, Republish
and Re -notice the Appeal Filed by Former Councilmember/Mayor Pro Tern Tom Harman of the
Planning Commission's Approval of Conditional Use Permit No. 00-39 (Police Department
Parking Lot Expansion to Add 90 Secured Parking Spaces at City Hall, 2000 Main Street on
the Northeast Corner of Main Street and Utica Avenue — (Public Hearing was Continued Open
from November 6, 2000) (420.40)
Mayor Julien Houchen requested to be recused from the hearing due to the close proximity of her
business location to the subject area.
Mayor Pro Tern Debbie Cook announced that this was the time scheduled for a public hearing to
consider the following:
Appellant: Former Councilmember/Mayor Pro Tem Tom Harman.
Applicant: City of Huntington Beach, Planning Department.
Request: To appeal the Planning Commission's decision to approve the expansion of the existing
108-space secured Police Department parking lot by adding 90 secured parking spaces for a total of
198 parking spaces.
Location: 2000 Main Street (City Hall, northeast corner of Main Street and Utica Avenue).
Environmental Status: Notice is hereby given that this item is categorically exempt from the
provisions of the California Environmental Quality Act.
Communication received from Roger Hosmer dated August 27, 2001 in opposition to the proposed
parking lot expansion is included in the agenda packet.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
City Administrator Silver presented an oral report regarding the request for a continuance of the
public hearing item.
Mayor Pro Tern Cook declared the public hearing open.
The City Clerk responded that there are no public speakers; however she restated for the record the
following Late Communications that pertain to the public hearing:
Communication from Joyce Holmes dated September 4, 2001 transmitting opposition to the
proposed Police Department parking lot expansion.
Communication dated September 4, 2001 from Frank and ❑arleen Yee in opposition to the
expansion of the Police Department parking lot (CUP No. 00-39). Attached are previously submitted
letters from Keith and Joyce Holmes and Jeff Owens in opposition the expansion.
There being no persons present to speak on the matter and there being no protests filed, either
written or oral, the hearing was continued by Mayor Pro Tern Cook.
(14) September 4, 2001 - Council/Agency Minutes - Page 14
A motion was made by Dettloff, second Boardman to: 1. Continue the open public hearing to a date
uncertain on the appeal filed by former Councilmember Harman relative to Conditional Use Permit
No. 00-39; and 2. Direct that the notice of public hearing be republished and re -noticed. The motion
carried by the following roll call vote:
AYES: Boardman, Cook, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green
ABSTAIN: Julien Houchen
(City Council) Public Hearing Opened and Continued Open to September 17, 2001 to
Consider Adoption of Resolution No. 2001-60 on the City Budget for Fiscal Years 2001 to
2002 and 2002 to 2003 (320.20)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing for the
purpose of considering the City budget for Fiscal Years 2001 to 2002 and 2002 to 2003.
The proposed budget for FY 2001/02 totals $277,283,890 including General Fund Expenditures of
$133,037,248. The proposed budget for FY 2002/03 totals $267,051,408 including General Fund
Expenditures of $137,999,795.
The complete Preliminary, Two -Year Budget proposal can be reviewed by the public from 8:00 a.m.
to 5:00 p.m., Monday through Friday in the City Clerk's Office at City Hall, 2000 Main Street,
Huntington Beach after Friday, August 31, 2001. Copies of the proposed budget are also available
for public review at the Huntington Beach Central Library located at 7111 Talbert Avenue
(Goldenwest Street and Talbert Avenue), and all branch libraries. Copies of the Preliminary Budget
Message and Summaries may be obtained by the public, free of charge, at the aforementioned
locations.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
City Administrator Silver delivered the PowerPoint presentation, which was announced earlier by the
City Clerk as a Late Communication. City Administrator Silver referred to Slide Nos. 16 titled
!Needed City Council Actions and Slide No.17 titled Budget Process Timeline, stating the option
available, if needed, to continue to an adjourned regular meeting for Study Session No. 3 on
September 10, 2001.
Councilmember Boardman inquired with regard to the five Orange County Coastal cities beside
Huntington Beach listed in Slide No. 8 titled Transient Occupancy Tax (TOT), as to which have
Conference and Visitors Bureaus that are membership -driven organizations.
Economic Development Director Biggs responded, referring to the Late Communication announced
earlier by the City Clerk from his department titled Transient Occupancy Tax in Main -Pier
Redevelopment Subarea and Conference & Visitors Bureau Information.
Mayor Pro Tern Cook noted subsequent to a discussion of Slide Nos. 11 and 12 titled Changes in
Personnel in General Fund, that basically there are no proposed budget cuts of city staff; that in
actuality there is a net addition of one position. She asked the number of contract personnel
positions being eliminated. City Administrator Silver answered that there are eight; three in the
Administrative Services Department and five in the Public Works Department.
(15) September 4, 2001 - Council/Agency Minutes - Page IS
City Administrator Silver informed Council that an expansion of the PowerPoint slide report is
planned for the continued public hearing on September 17, 2001 in order to update the budget
presentation with a list of carryovers from this session.
Mayor Julien Houchen declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the following Late
Communications, which pertain to the public hearing:
Slide show presentation from the Administrative Services Department titled Proposed Budget
2001103 Fiscal Years - Public Hearing.
Communication dated August 31, 2001 from the Community Services Department transmitting a
communication from Project Self -Sufficiency and a communication from the Seniors' Outreach
Division delineating program impacts of the proposed budget reductions.
Communications from Pearl Kelly, Michelle Norton, Dena Calise, and Thuan Le in opposition to the
proposed budget reductions relating to Project Self -Sufficiency.
Communication from Sandra McNally in support of keeping the Main Street Branch Library open.
Communications from Joe Caux, Steve and Lena Yee Hayashi, Chloe Pollock Mieczkowski,
Huntington Beach Tomorrow President Dave Sullivan, Thomas Lash, Leland and Alta Cole and
Mr. and Mrs. Ronald Schnorr in opposition to the development of a restaurant at "Dwight's at the
Beach" concession stand site.
Communication titled Transient Occupancy Tax in Main -Pier Redevelopment Subarea and
Conference & Visitors Bureau Information.
Communications from Maria I. Alvarado, Angelica Torres, Ancelma Rios, Ine Iturrios and
Sagrario Ponee in opposition to any budget reductions affecting the Oak View Branch Library.
Communication dated from Paula Budris in opposition to the closing of any library branches.
Communication from the Police Department titled Response to City Council Request for Costs
Associated with Police Citizen Academy.
Dick White, Council on Aging volunteer, spoke in opposition to what he stated as a proposal to cut
$20,000 from the senior transportation services that is found in the preliminary summary of the city
budget.
Robert Buaas recommended budget cutbacks in HBTV-3 as an option in lieu of the proposed
alternative to shut down the public library branches. Mr. Buaas spoke regarding transportation and
safety issues if children had to travel the distance to the Central Library on bicycles; also the loss of
services as reasons for keeping the annexes open.
Ron Bell urged Council to keep all library branches open, stating that he has observed how the
branches help students with test scores, and that they are used by young and old alike.
(16) September 4, 2001 - Council/Agency Minutes - Page 16
City Administrator Silver clarified that the closing of the library branches is not part of the proposed
budget cut backs.
Norm Westwelll voiced his opposition to the sewer user service charge, stating that he would like a
mechanism in place, such as a sunset clause. He informed Council that he is in favor of cut backs
in HBTV-3 and is against city subsidy of non-profit organizations, as he views the latter to be social
welfare programs. Mr. Westwell stated his objection to consultants; that staff is more than qualified
to do the work.
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 continued open to 9/17101 by the Mayor.
(City Council) Motion Approved to Update Budget Summary with the Removal of the Closure
of Library Branches from the Alternative List of Budget Reduction Items (950.10)
A motion was made by Green, second Bauer to remove the Closure of Library Branches from the
Alternative List of Budget Reduction 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) Motion Withdrawn to Transfer Portion of Skateboard Park Allocation to
(1.) Reinstate Project Self Sufficiency (PSS) Assistant; and (2.) Transfer $20,000 Towards
Senior Outreach Budget (320.20)
Councilmember Boardman informed Council of her intention to make a motion to reapportion the
monies in the skateboard park allocation to 1.) Reinstate the Assistant position for Project Self
Sufficiency (PSS); and 2.) Transfer $20,000 towards the shortfall in the Senior Outreach budget; and
3.) Use the remaining balance to fund the skateboard park to be built incrementally.
City Administrator Silver stated that funding for the skateboard park comes out of the Capital Funds
Account, while the two city services of PSS and Senior Outreach are funded by the Community
Development Block Grant (CDBG) program. Councilmember Boardman withdrew the motion
because skateboard park funds cannot be used for these purposes.
(City Council) Motion Withdrawn to Establish a Library Card Fee of $1.00 per User Per Year
(950.10)
A motion was made by Garofalo, second Green to establish a library card fee of $1.00 per user, per
year.
In response to Mayor Pro Tem Cook's inquiry regarding the feasibility of the motion on the table,
Library Services Director Ron Hayden reported on the non-resident fees charged by the Library.
The maker and the second withdrew the motion.
(17) September 4, 2001 - Council/Agency Minutes - Page 17
(City Council) Motion Failed to Adopt Budget Proposals of Library Services Director as Set
Forth on Page D-4.45 of the Staff Report (950.10)
Councilmember Bauer informed Council that he is opposed to the proposals set forth on Page
D-4.45 of the staff report, the communication from the Library Services Director titled Library
Reductions/increased Revenue FY01102 & FY 02103.
Library Services Director Hayden reported, referring to the projected additional Library Service Fund
revenue as set forth on Page D-4.46 of the staff report, after which Councilmember Bauer made the
following motion:
A motion was made by Bauer, second Dettloff to adopt the budget proposals of the Library Services
Director as set forth on Page D-4.45 of the staff report. The motion failed by the following roll call
vote:
AYES: Julien Houchen, Dettloff, Bauer
NOES: Green, Boardman, Cook, Garofalo
ABSENT: None
(City Council) Motion Approved Referral to the Communications Committee for Review of a
Proposed Budget Cut from HBTV-3 of a Minimum $57,000 and a Up to a Maximum $125,000
with $40,000 to be Returned to the Project Self Sufficiency (PSS) and Seniors Outreach
Programs (320.20)
Mayor Pro Tern Cook stated that she would have no objection to budget cutback proposals for the
D.A.R.E. and B.E.S.T. (Customer Service) programs, the Summer Concert Series, and HBTV-3, but
would not be in favor of reductions in Project Self Sufficiency (PSS) and Seniors Outreach.
Councilmember Dettloff expressed her disappointment at the funding loss in the PSS and Seniors
Outreach budgets and suggested that the $40,000 be returned to the programs.
A motion was made by Julien Houchen, second Cook to approve a referral to the Communications
Committee for review of a proposed budget cut from HBTV-3 of minimum of $57,000 and up to a
maximum $125,000, with $40,000 to be returned to the Project Self Sufficiency (PSS) and Seniors
Outreach Programs. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Motion Withdrawn to Eliminate City Subsidy of the Conference and Visitors
Bureau (CVB) and to Place $180,000 Towards the Library Budget (320.20)
A motion was made by Cook, second Boardman to eliminate the city subsidy of the Conference and
Visitors Bureau and instead place $180,000 in the library budget.
Councilmember Bauer informed Council that he would be voting against the motion on the table.
(18) September 4, 2001 - CouncillAgency Minutes - Page 18
Mayor Pro Tern Cook added that the Hyatt Hotel has the ability to promote the hotel it is constructing
in the city.
Councilmember Green stated that he is opposed to the motion, citing the marketing efforts of the
CVB which have maximized tourist income stemming from visitors to Disneyland.
The maker and the second withdrew the motion.
(City Council) Motion Approved to Place $10,000 Back in the City Budget for the Concert
Band (320.20)
A motion was made by Boardman, second Cook to put back in the budget the amount of $10,000 for
the Concert Band. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen
NOES: Garofalo, Dettloff, Bauer
ABSENT: None
(City Council) Motion Approved to Reinstate Fire Protection Specialist Position with Revenue
Recommended by the Fire Chief per Page No. D-4.18 of the Staff Report (540.10)
A motion was made by Boardman, second Green to approve the reinstatement of the position of Fire
Protection Specialist with revenue recommended by the Fire Chieflinformation Systems Director
Dolder, per Page No. D-4.18 of the staff report. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Motion Approved to Reinstate D.A.R.E. Program with $158,356 in Revenue
Suggested by the Police Chief per Page Nos, D-4.18 and D-4.40 of the Staff Report and to
Explore Potential for Partnership Funding such as that with the School District (530.10)
Per Councilmember Boardman, Police Chief Lowenberg reported on the revenue figures for the
D.A.R.E. Program per Page Nos. D-4.18 and D-4.40 of the staff report.
Councilmember Boardman expressed the hopes that the school district step up and help fund if it
would like to see the D.A.R.E. Program continue.
A motion was made by Green, second Dettloff to approve to reinstate the D.A.R.E. Program with
$158,356 in revenue suggested by the Police Chief per Page Nos. D4.18 and D-4.40 of the staff
report and to explore the potential for partnership funding such as that with the School District. The
motion carried by the following roll call vote:
AYES: Green, Boardman, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Cook
ABSENT: None
(19) September 4, 2001 - Council/Agency Minutes - Page 19
(City Council) Motion Approved: that the Use of the Site of "Dwight's on the Beach"
Concession Stand not be Intensified, but that the Lease be Advertised for Bids (245.10)
A motion was made by Bauer, second Garofalo that use of the site of "Dwight's on the Beach"
concession stand not be intensified, but that the lease be advertised for bids. The motion carried by
the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
A motion was made by Garofalo, second Green to: 1. Open the public hearing on the proposed
$277,283,890 FY 2001/02 city budget as outlined in the attached Resolution No. 2001-60; and
2. Continue the hearing open to the September 17, 2001 meeting of the City Council. The motion
carried by the following roll tail vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Agreement with County of Orange to Provide $50,000 Rapid Response/Workforce
Investment Act Grant to the City of Huntington Beach to Assist Dislocated Workers (in Collaboration
with the Coastline Community College and the County's One -Stop Employment Center with
Inclusion of the $50,000 in the FY 2001-2002 Budget (600.25)
(City Council) The City's Proposed Strategic Plan (100.10)
(City Council) Modifications to Local Coastal Program Amendment (LCPA) No. 3-99 Approved by
the California Coastal Commission (Coastal Element) - (Zone 1) Huntington Harbour Area; Zone
2) Bolsa Chica Area; (Zone 3) Bolsa Chica Boundary to Goldenwest Street; (Zone 4) Downtown
Area; and (Zone 5) Beach Boulevard to the Santa Ana River - Resolution Nos. 2001-57 and 2001-58
(420.85)
(City Council) Two Contracts between the City and (1) the U.S. Department of Health and Human
Services for Development of Metropolitan Medical Response System (MMRS) Program and
(2) Employment Systems, Inc. (ESI) for MMRS Staffing Sole Source Contract - Modifications to ESI
Insurance Indemnification Requirements (600.15/600,10)
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, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(20) September 4, 2001 - Council/Agency Minutes -Page 20
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City
Council/Redevelopment Agency adjourned regular meetings of July 23, 2001 as written and on file
in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Accepted Work Completed on the Contract to Elser Contractors, Inc. for the
Water Main Replacement on Orange and Memphis Avenues; CC-1132 and File a Notice of
Completion (600.75) - Accepted the Orange and Memphis Avenues Water Main Replacement
Project, CC-1132 at a final project cost of $817,291.15 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: Water Capital Improvement Fund - $817,291.15.
(City Council) Approved Contract between the Orange County Sanitation District and City for
the Cooperative Projects Program to Accept Grant for the Sewer Rehabilitation of the
Huntington Harbour Tributary Area (600.25) - Approved and authorized the Mayor and City Clerk
to execute the Orange County Sanitation District Cooperative Projects Program Contract. Submitted
by the Public Works Director. Funding Source: $1 million - Orange County Sanitation District grant
funds.
(City Council) Approved a Grid Connection Agreement between the City and Southern
California Edison Company for the Microturbine Project (Electrical Generating Facility
Located in the City Hall's East Parking Lot) (600.10) - Approved and authorized the Mayor and
the City Clerk to execute the Generating Facility Interconnection Agreement GFID 7054 with
Southern California Edison Company to operate an electrical generating facility. Submitted by the
Building & Safety Director. Funding Source: On June 4, 2001 the City Council approved the
execution of an agreement with South Coast Air Quality Management District and sole -source
contract with Capstone California and authorized cost not to exceed $150,000. Cost of Edison Grid
Agreement was included in the $150,000 already appropriated.
(City Council) Accepted the Bid and Awarded Construction Contract to Lavey Roofing
Corporation for the Central Library Asbestos Abatement Roofing System Project; CC-1177
(600.80) - 1. Accepted the bid submitted by Lavey Roofing Corporation for the roofing system and
asbestos abatement at the Central Library, which is the lowest responsible/ responsive bid received;
and 2. Approved and authorized the Mayor and the City Clerk to execute a construction contract
between the City of Huntington Beach and Lavey Roofing Corporation in the amount of $298,000 for
the roofing system and abatement of asbestos -containing materials on the Central Library roof in
substantially the same form as the previously approved sample contract; and 3. Authorized the
Finance Director to appropriate $40,000 from the General Fund undesignated fund balance to
Central Library Roof Replacement Account; and 4. Authorized the Director of Public Works to
expend up to $335,000, which includes the contract cost of $298,000 and an estimated contingency
of $29,800 and $7,200 in supplemental expenses. Submitted by the Public Works Director.
Funding Source: $180,000 - Capital Improvement Fund Central Library Roof Replacement Account.
An additional $115,000 is available in Capital Improvement Projects that have funds remaining after
project completion, as follows: $40,000 - City Yard Roof Replacement; $50,000 - Lower Level
Improvements; $25,000 - American Disabilities Act (ADA) Improvements. An appropriation from the
undesignated General Fund in the amount of $40,000 will be required to complete the $335,000
project.
(21) September 4, 2001 - Council/Agency Minutes - Page 21
(City Council) Approved Reappointments to the Mobile Home Advisory Board - Cole/
SobeklKato/NovarrolKittredge - Terms to Expire August 5, 2005 (110.20) -1. Approved the
reappointment of Daniel Kittredge as a Citizen At -Large Representative to the Mobile Home
Advisory Board to his first full four-year term ending August 5, 2005; and 2. Approved the
reappointments of the following board members to a second four-year term ending August 5, 2005:
Sandra Cale (Mobile Home Resident Representative), Thomas Sobek (Mobile Home Resident
Representative), Steven Kato (Park Owner Representative), and Steve Novarro (Park Owner
Representative). Submitted by the Economic Development Director and recommended by Council
Liaisons, Mayor Pro Tern Debbie Cook and Councilmember Peter Green. Funding Source: Not
Applicable.
(City Council) Approved First Amendment to Legal Services Contract Agreement Between the
City and Richards, Watson & Gershon in Re: Beach Maintenance Yard Oil and Gas Lease
Agreement (600.10) - Approved the First Amendment to Agreement between the City of Huntington
Beach and Richards, Watson & Gershon, a Professional Corporation, for Legal Services, and
authorize the Mayor and City Clerk to execute the agreement. Submitted by the City Attorney.
Funding Source: General Fund, Contract Legal Services Account. (The original contract was for
under $20,000. The existing legal services tieing performed by Richards, Watson & Gershon will
exceed $20,000 in legal services. Consequently, an amended agreement is now being brought to
the City Council for approval.)
(City Council) Approved the Professional Services Contract between the City and the Public
Sector Personnel Consultants for a Personnel Classification and Compensation Study for
Municipal Employee Association (MEA) Positions - Waive the City's Insurance Policy
Cancellation Requirements (600.12) -1. Approved the Professional Services Contract between
the City of Huntington Beach and Public Sector Personnel Consultants, for a Personnel
Classification and Compensation Study and authorize the Mayor and City Clerk to execute; and
2. Waived the City's insurance requirement for mandatory policy cancellation notification as
approved by the City Attorney. Submitted by the Administrative Services Director. Funding Source:
$100,000 - Other Contractual Services Account.
(City Council) Adopted Resolution No. 2001-59 Amending Resolution No. 6336 to Designate
the Director of Administrative Services as Plan Administrator for the Employees Deferred
Compensation Plans and Directed the City Treasurer to Approve the Investment of Funds
(700.55) - Adopted Resolution No. 2001-59 - "A Resolution of the City Council of the City of
Huntington Beach Amending City Council Resolution No. 6336 and Designating the Director of
Administrative Services as Plan Administrator for the Employees Deferred Compensation Plan and
Directing the City Treasurer to Approve the Investment of Funds." Submitted by the Administrative
Services Director. Funding Source: Not Applicable.
(City Council) Approved City Council Position on Legislation Pending Before the State
Legislature, and Congress as Recommended by the City Council Intergovernmental
Relations Committee (120.70) —The City Council Intergovernmental Relations Committee has
reviewed the legislation below and is recommending that the City Council take a position on the
following items and authorized the Mayor to send letters reflecting those positions to the legislators:
Motion: Oppose SB 71 (Burton) Worker's Compensation - which would increase the cost for
administration of the worker's compensation system. Motion: Support SB 1069 (Chesbro) Plastic
Pollution Fee - which would require manufacturers of products sold or offered for sale in plastic
containers, as specified, to pay a plastic pollution prevention fee to the Integrated Waste
(22) September 4, 2001 - Council/Agency Minutes - Page 22
Management Board (IWMB) for every plastic container of a resin type that fails to meet or exceed a
recycling rate of 50% or more by January 1, 2005. Approve the Sample Resolution (Re: SB 1069)
requesting that the Congress support higher levels of funding for beach restoration projects
(Attachment No. 4). Submitted by Councilmember Shirley Dettloff, Chairperson, Intergovernmental
Relations Committee for Mayor Pro Tern Debbie Cook and Councilmember Ralph Bauer. Funding
Source: None required.
(City Council) Approved Agreement with County of Orange to Provide $50,000 Rapid
Response/Workforce Investment Act Grant to the City of Huntington Beach to Assist
Dislocated Workers (in Collaboration with the Coastline Community College and the County's
One -Stop Employment Center - Approved Inclusion of the $50,000 in the FY 2001-2002
Budget (600.25)
Councilmember Boardman requested that the above -captioned agenda item be removed from the
Consent Calendar for separate discussion in order to ascertain that the city does not adopt the
program at some future time.
Councilmember Garofalo concurred, stating that such action would be placing another social
service -type of program into the system.
Economic Development Director David Biggs reported on the matter.
A motion was made by Boardman, second Dettloff to: 1. Approve and authorize the Mayor and City
Clerk to execute the attached Agreement between the County of Orange and the City of Huntington
Beach for workforce investment activities to improve the duality of the community workforce titled the
WIA Cost Reimbursement Agreement - County of Orange, and 2. Authorize the Director of
Economic Development to execute all the appropriate certifications and exhibits that are attached to
the Agreement; and 3. Approve inclusion of the $50,000 in the FY 2001-2002 budget. Submitted by
the Economic Development Director. Funding Source: No additional city funds required. This is a
County Grant from Federal Workforce Investment Act Funds. The motion carried by the following
roll call vote.
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Green out of the room)
(City Council) Adopted the City's Proposed Strategic Plan (100.10)
Councilmember Boardman requested separate consideration of this agenda item in order to discuss
measurable goals in the Strategic Plan.
Assistant City Administrator William Workman reported, stating the planned merger between goals
and objectives within the context of the Strategic Plan is expected for next year's budget.
A motion was made by Boardman, second Garofalo to adopt the Proposed Strategic Plan - City of
Huntington Beach - July 2001. Submitted by the City Administrator. Funding Source: Not
Applicable. (Developing the Strategic Plan has been a priority for the Organizational Effectiveness
staff since the City Council approved the concept in April 2000.) The motion carried by the following
roll call vote:
(23) September 4, 2001 - Council/Agency Minutes - Page 23
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Green out of the room)
(City Council) Approved Modifications to Local Coastal Program Amendment (LCPA) No. 3-99
Approved by the California Coastal Commission (Coastal Element) - (Zone 1) Huntington
Harbour Area; (Zone 2) Balsa Chica Area; (Zone 3) Balsa Chica Boundary to Goidenwest
Street; (Zone 4) Downtown Area; and (Zone 5) Beach Boulevard to the Santa Ana River -
Adopted Resolution Nos. 2001-57 and 2001-58 (420.85)
Mayor Pro Tern Cook requested that the above -captioned agenda item be removed from the
Consent Calendar for separate discussion. She pointed to what she stated is the irony in the
relevancy of the Coastal Commission modifications set forth on page E-7.55 of the staff report,
which prohibits development on the beach -ground area, in light of the proposed large restaurant on
the site of Dwight's Concession Stand.
Community Services Director Ron Hagan responded, stating that the idea of the replacement of
"Dwight's on the Beach" with a restaurant came out of a brain -storming session in order to generate
potential revenue. He reported on the plans to prepare a standard lease agreement for an existing
concession stand, which will be advertised for bids.
A motion was made by Cook, second Boardman to: 1. Adopt Resolution No. 2001-57 - "A
Resolution of the City Council of the City of Huntington Beach, California which Acknowledges
Receipt of the Coastal Commission Action and Accepts and Agrees to Local Coastal Program
Amendment No. 3-99 as Modified,` and 2. Adopt Resolution No. 2001-58 - Approving revisions to
the Local Coastal Program Coastal Element incorporating the modifications suggested by the
California Coastal Commission - "A Resolution of the City Council of the City of Huntington Beach,
California, Amending the Local Coastal Program by Amending the Coastal Element." The motion
carried by the following roll call vote:
AYES: Boardman, Green, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Approved Two Contracts Between the City and (1) the U.S. Department of
Health and Human Services for Development of Metropolitan Medical Response System
(MMRS) Program and (2) Employment Systems, Inc. (ESI) for MMRS Staffing Sale Source
Contract - Approved Modifications to ESI Insurance Indemnification Requirements
(600.15/600.10)
Councilmember Boardman requested that theabove-captioned agenda item be removed for
separate discussion to inquire regarding the anticipated number of staff personnel to be hired.
In response, Fire Chief/Information Systems Director Dolder reported on potential ongoing costs of
management and supplemental staffing for the project.
A motion was made by Boardman, second Cook to: 1. Approve and authorize the Fire
Chief/Information Systems Director to execute the United States Department of Health and Human
Services 18-month Contract No. 233-01-0057 for $400,000 for development of a Metropolitan
Medical Response System (MMRS); and 2. Approve and authorize the Mayor and City Clerk to
(24) September 4, 2001 - Council/Agency Minutes - Page 24
execute an 18-month Employment Systems, Inc. (ESI) agreement titled Employment Systems, Inc.
Agreement to Provide Stang Services to the City of Huntington Beach for $100,000 to provide
qualified staffing resources for the management and supplemental staffing for the project; and
3. Approve a change to the standard indemnification language in Article 5 of the Employment
Systems, Inc. (ESI) Agreement, wherein the City will indemnify ESI from any claims arising out of or
related to the services performed by ESI personnel under this Agreement. 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) Approved As Amended Basic Terms and Conditions of the Lease at the Central
Library Theatre for the Huntington Beach Playhouse (7111 Talbert Avenue) to Include Giving
Seven Weeks Back to Library for their Use Determined by Mutual Agreement for Four to be
Selected by Playhouse and Three by the Library and Return to Council with a Newly
Constituted or Amendment of Existing Lease- Motion Failed to Charge all Non -Profit Groups
$100-125IHour and All For -Profit Groups $275-300IHour for Lease of the Library Theater
Facility (600.10)
The City Council considered a Communication submitted by the City Administrator requesting
Council approval of the proposed basic terms and conditions for the Huntington Beach Playhouse to
lease the city's Library Theatre. The Playhouse prepared a Business Plan (Attachment No. 3) that
outlines their mission, community benefits, goals & objectives and organization and operations.
Included are their bylaws, financial statement, 501(c)3 tax statement and supplemental information.
Adoption of the recommendation and execution of a lease would generate approximately $25,000 of
new revenue for Theater debt service and capital needs, in addition to approximately $31,000 of
base rent payments for operational costs in calendar year 2002.
Assistant City Administrator William Workman delivered the PowerPoint presentation that had been
announced earlier by the City Cleric as a Late Communication and titled Huntington Beach
Playhouse Lease.
Assistant City Administrator Workman summarized the Playhouse's proposed Alternative No. 2 from
Page No, F-1.2 of the RCA (Request for Council Action). He stated that the option sets forth the
extension of the lease for five years under the same base rental formula of about $31,000 per year
and the agreement to reduce seven weeks of Theater occupancy to be used by others. Assistant
City Administrator Workman reported that there is disagreement between the Playhouse and the
Library Board as to the value of these seven weeks.
Discussion was held regarding ticket sales as an incentive for revenue raising.
Library Services Director Hayden reported on the marketing rate in response to Councilmember
Bauer's inquiry.
(25) September 4, 2001 - Council/Agency Minutes - Page 25
(City Council) Motion Failed Due to Lack of a Second to Charge All Non -Profit Groups $100-
$12511-lour and all For -Profit Groups $275-$3001Hour for Lease of the Library Theater Facility
(340.20)
A motion was made by Bauer to charge all non-profit organizations $100-$125 per hour and to
charge all for -profit organizations $275-300 per hour for use of the Library Theater facility. The
motion failed for a lack of a second.
Huntington Beach Playhouse President Bettie Muellenberg and Board member Dawn Conant
responded to Council questions regarding the total number and times when performances are held,
and the percentage of use which will be returned to the Library.
Assistant City Administrator Workman referred to the staff report, which he stated includes the
schedule reviewed by Ms. Muellenberg.
Library Services Director Hayden informed Council of what he stated is the actual value of the seven
weeks, reporting on the calculations set forth on Page Nos. F-1.98 and F-1.99 of the staff report.
Councilmember Dettloff inquired relative to marketing; asking how secure is the commitment to
others for rental of the space, aside from the use by the Playhouse.
Library Services Director Hayden stated that although the theater facility has not yet been marketed
at full rate, in the long term the Library would be able to find renters.
In response to Councilmember Dettloff's request to differentiate between the foregoing Alternative.
Option 2 recommended by the Playhouse, and Alternative Option 1 as suggested by the Library
Board, Assistant City Administrator Workman spoke regarding the $3.50 per ticket surcharge.
President Muellenberg spoke regarding the need to advertise the new season's programs.
In response to Councilmember Green's observation that Playhouse Board Member Conant's letter
does not specify which seven weeks will be returned to the Library, President Muellenberg stated
that the Playhouse is open to negotiation.
A motion was made by Garofalo, second Dettloff to amend the main motion to give seven weeks
back to the Library for their use and that the seven weeks are determined by mutual agreement with
four chosen by the Playhouse and three by the Library. The motion carried by the following roll call
vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Green
ABSENT: None
Mayor Julien Houchen invited comments to the amendment to the main motion, after which Mayor
Pro Tern Cook ascertained that a lease, either newly constituted or an amendment of the existing
lease, will be returned to Council for approval.
A motion was made by Garofalo, second Dettloff to. 1. Adopt, as amended above, the
recommended basic terms and conditions for leasing the City's Library Theater to the Huntington
Beach Playhouse and agree to a non-exclusive five-year lease; and 2. Return the current annual
(26) September 4, 2001 - Council/Agency Minutes - Page 26
base lease rental formula adjusted by the Consumer Price Index (CPI) which generates about
$31,000 per year; and 3. Establish a phased per ticket "Library Facility Debt Service/Capital
Equipment Charge:" $1.00 for 2002 and 2003 ($25,000 annually), $2.00 for 2004 and 2005 ($50,000
annually) and $3.00 for 2006 ($75,000). The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Green
ABSENT: None
(City Council) Adopted Three Ordinances Establishing Sewer Service User Fee, Rates and
Charges (640.10)
The City Council considered a communication from the Director of Public Works transmitting the
following three ordinances which are required to implement the different elements of the sewer
service user charge.
(City Council) Adopted Ordinance No. 3504 — Implementation of Sewer Service Charge
(Number 1 of 3 Ordinances Adopted Relating to the Sewer Service User Fee) (640.10)
A motion was made by Dettloff, second Boardman to adopt Ordinance No. 3504 — "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." The motion carried by the
following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3505 — Adoption of Rates, Charges, Annual Inflation
Adjustment and Billing Methodology for the Sewer Service User Charge (Number 2 of 3
Ordinances Adopted Relating to the Sewer Service User Fee) (640.10)
A motion was made by Dettloff, second Boardman to adopt Ordinance No. 3505 — "An Ordinance of
the City of Huntington Beach Adopting Chapter 14.55 of the Huntington Beach Municipal Code
Regarding Adoption of Rates, Charges, Annual CPIU Adjustment, and Billing Methodology for the
Sewer Service User Charge." The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(27) September 4, 2001 - Council/Agency Minutes - Page 27
(City Council) Adopted Ordinance No. 3506 — Amends the Huntington Beach Municipal Code
by Amending Section 2111.030 Pertaining to the Public Works Commission (Number 3 of 3
Ordinances Adopted Relating to the Sewer Service User Fee) (640.10)
A motion was made by Dettloff, second Boardman to adopt Ordinance No. 3506 — "An Ordinance of
the City of Huntington Beach Amending Chapter 2.111 of the Huntington Beach Municipal Code by
Amending Section 2.111.030 Pertaining to Duties of the Public Works Commission." The motion
carried by the following roil call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted 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) (600.20)
A motion was made by Dettloff, second Cook to adopt 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." The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3503 - Modifying Permitting Requirements and
Increasing Rates of Police -Directed Towing Services (530.30)
A motion was made by Green, second Dettloff to adopt Ordinance No. 3503 - "An Ordinance of the
City of Huntington Beach Amending Chapter 5.66 of the Huntington Beach Municipal Code Relating
to Police -Directed Motor Vehicle Towing Service" removing permitting requirements for non-
consensual towing services. The motion carried by the following roll call vote:
AYES: Green, Julien Houchen, Garofalo, Dettloff
NOES: Boardman, Cook, Bauer
ABSENT: None
(City Council) Continued to September 17, 2001 to Direct Staff to Prepare Feasibility Study on
Huntington Harbour Recommendations Re: Water Quality Improvements and Urban Runoff
Prevention Measures Including Adoption of (1) Inoperable Boats Ordinance; (2) Restaurant
Grease Receptors; (3) Sewage Dumping Administrative Citation; and (4) Storm Drain Program
(120.90)
The City Council considered a communication from Councilmember Ralph Bauer transmitting the
following Statement of Issue: There may be some steps the Council would be willing to take that
could deal with contaminated urban run-off. These comments came as a result of meetings of the
(28) September 4, 2001 - CouncillAgency Minutes - Page 28
Huntington Harbour Water Quality Meeting. It is the purpose of this discussion to request the staff to
return to the Council with a cursory examination of the issues listed below and the cost to implement
them.
1. Elimination of all of live aboards in Huntington Harbour. The current ordinances allow 72 hours
live aboard, but it is difficult to prove that the live aboard is staying more than 72 hours. An
ordinance on non -operable boats may also be in order. The dye tablet program, although
appealing, is difficult to administer, especially at night. Any program will cost money; thus a fee
on boats or docks may be in order. To my knowledge, there are four marinas in Huntington
Harbour and may private docks.
2. Installation of grease traps in all restaurants. Brochure on guidelines for restaurant cleaning.
3. More frequent street sweeping in high trash areas.
4. A helpful hint brochure like that prepared by Dana Point for preventing urban run-off.
S. A video similar to that produced at Dana Point that shows people how to prevent urban run-off.
6. Permission from homeowner groups to stand on their docks to retrieve trash trapped in the
corner of channels.
7. More pump -out stations at convenient locations.
8. Sewer fines for anyone pumping bilges or emptying sewage into Huntington Harbour. Institute
an Administrative Citation Program.
9. Improved debris booms and catch basins. Start an "Adopt a Storm Drain" Program
10.On-site local treatment of run-off.
11. Hot line for suspicious activities related to pollution.
Due to the lateness of the hour, the City Council concurred unanimously, with no members absent,
to continue this agenda item to the September 17, 2001 meeting and direct that the staff return to
the Council with proposals mutually agreed to as being effective.
(29) September 4, 2001 - Council/Agency Minutes - Page 29
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 at 12:00 a.m. to Monday, September 17, 2001, at 5:00 p.m.,
in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio ClerVbf the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
d* W, � Ow. /Wf
City Clerk -Clerk yor-Chairman