HomeMy WebLinkAbout2001-10-01 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
Monday, October 1, 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
is 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 5:05 p.m. in Room B-8.
City Council/Redevelopment Agency Roll Call
Present: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer(Green arrived 5:07 p.m.)
Absent: None
Public Comments Regarding Study Session and Closed Session Agenda Items
Chuck Scheid spoke in opposition to the county's strategy for a long-range waste disposal
program. Mr. Scheid suggested a shorter-term of 20 years, instead of 40 years for the Waste
Disposal Strategic Plan.
(City Council/Redevelopment Agency) Study Session - Presentation Made by the
Representatives of the Orange County Integrated Waste Management Department
Re: Overview of the 40-Year Strategic Plan for Waste Disposal (810.60)
Janice V. Goss, Interim Director and Linda Hagethrop, Project Manager of the Orange County
Integrated Waste Management Department(OCIWMD), and their consultant, Sharon Browning
from Sharon Browning and Associates presented OCIWMD's 40-Year Strategic Plan for Waste
Disposal.
Director Goss and Project Manager Hagethrop delivered the PowerPoint presentation from the
Public Works Department titled Regional Landfill Options for Orange County, which was included
in the agenda packet. The OCIWMD representatives also distributed Late Communications at
the study session: A newsletter titled Regional Landfill Options for Orange County(RFLOOC
Review, a map, and a brochure from the Orange County Landfills Public Information Office.
In response to Councilmember Green's inquiry, Ms. Goss reported that in 1996, the OCIWMD
began providing waste importation services in order to defray costs incurred due to the Orange
County bankruptcy. She informed Council that the original debt amount was 1.6 billion dollars,
and that importation is scheduled to cease in 2015.
(2) October 1, 2001 -Council/Agency Minutes - Page 2
Discussion ensued relative to the acceptance schedules and estimated rates of running the
waste disposal program at the various landfill sites throughout the county. The OCIWMD
representatives also provided information on the Household Hazardous Waste Program and its
regional collection centers.
Director Goss responding to a question from Councilmember Green stated that there is
insufficient time to allow placement of a ballot measure on the issue of importation for the March
2002 Special Municipal Election, She informed Council that although the proposed initiative has
been submitted, the appropriate petitions have not been circulated and cannot be timely filed.
Ms. Goss pointed out that if the initiative is certified and approved, importation could be voted
out.
In response to Councilmember Boardman's inquiry regarding how much electricity the landfill
gases generate, the OCIWMD consultant, Sharon Browning stated that 18,000 homes are being
powered. Ms. Browning reported on the co-generation plants sited on the FRB Landfill. She
informed Council that landfill gas is not full methane in content, stating that OCIWMD will return
to Council with data on the produced amounts.
Councilmember Green spoke relative to materials burned with regard to air quality issues.
Mayor Pro Tern Cook asked if all 34 Orange County cities meet the 50% state recycling
requirement, to which Ms. Goss responded that the average is 40%. Ms. Goss spoke regarding
the measures to be taken to be in compliance.
Mayor Julien Houchen inquired if there is a long-term plan for acceptance of computer monitors.
Ms. Goss reported on what she described as the current struggle with the State Department of
Toxic Substances Control relative to this matter; on the difficulties encountered with hauling.
She stated how the non-profit organizations such as Goodwill Industries safeguard against
illegal disposal of the cathode ray tubes found in computer monitors. Ms. Goss described how
her company is working to find the magnitude of the problem. She informed Council that
statistically, Orange County has the largest number of computer, as well as television set
owners, in the state.
Ms. Goss stated that it is within the state board's jurisdiction to enforce recycling, in answer to
Councilmember Garofalo's question as to whether her agency is proactive in lobbying with the
state legislature.
Project Manager Hagethrop spoke regarding the Integrated Waste Management Department's
plan for incentive marketing; that the point of the strategy is to gather resources in order to
identify developmental needs.
Councilmember Garofalo expressed the belief that whether short or long term, he finds the
Waste Disposal Strategic Plan to be reactionary in nature._
Director Goss responded with reasons relative to air quality issues, speaking regarding the
history and costs of waste management activities at different sites. Project Manager Hagethrop
added that technology also factors in; the feasible point in which to assess a facility for
maximum capacity.
(3) October 1, 2001 - Council/Agency Minutes - Page 3
Director Goss spoke regarding the five transfer stations in the city which are privately owned.
Discussion followed on the refuse disposal stations.
Councilmember Garofalo inquired regarding the Environmental Impact Report (EIR), to which
Ms. Goss responded that it will follow after a preferred option of a landfill waste disposal system
is chosen.
In answer to Councilmember Garofalo's inquiry on how the importation revenue is to be
distributed, Ms. Goss stated that the entire proceeds go towards bankruptcy recovery.
Ms. Goss responded to questions regarding public health and safety in relation to the current
strike by Rainbow Disposal employees. She stated that the haulers have prioritized to pick up
at the most deleterious locations such as restaurants and hospitals.
Councilmember Dettloff cautioned that new technology ought to be looked at very seriously; that
20 years in the future no means will exist for disposal of trash, and questioned how serious is
the exploration of this issue.
Director Goss concurred that the plan should be revisited in ten years'time. She spoke
regarding the closure of the Olinda-Alpha landfill.
Councilmember Bauer thanked the OCIWMD representatives for their presentation. He stated
the likelihood that co-generation will be considered when hauling by rail at a hefty price
becomes.the only other option.
Motion to Recess to Closed Session —Approved
A motion was made by Cook, second Boardman to recess to Closed Session on the following item.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(Redevelopment Agency) Closed Session — Pursuant to Government Code Section 54956.8
to give instructions to the agency's negotiators, Ray Silver, David Biggs, Gus Duran and
Murray Kane; regarding negotiations with John Givens andlor Shaul Kuba, CIM Group LLC;
concerning the sale and/or lease of the property located at Blocks 104 & 105; bounded by
Pacific Coast Highway(PCH), Main Street, Walnut Avenue and 61' Street, to be set forth in a
DDA Implementation Agreement or Amendment. Instructions will concern both price and terms
of payment. Subject: Real Property Negotiation Blocks 104 & 105, an Area Bounded by
PCH, Walnut Avenue, Main &6`" Streets in the City of Huntington Beach. (400.50)
Reconvened City Council/Redevelopment Agency Meeting - Council Chambers
(4) October 1, 2001 -Council/Agency Minutes - Page 4
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Julien Houchen asked the City Attorney if there were any actions taken by the City Council
or Redevelopment Agency in Closed Session that required a reporting. The City Attorney
responded that there were no actions to report.
City Council/Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
Absent: Garofalo
(City Council) Permission Granted to Councilmember Dave Garofalo to be Absent from the
7:00 p.m. Portion of the October 1, 2001 City Council Meeting (120.40)
Mayor Julien Houchen stated for the record that Councilmember Garofalo requested permission to
be absent from the 7:00 p.m. portion of the meeting due to an unforeseeable emergency and that
Council concurred unanimously, with no members absent.
Flag Ceremony and Pledge of Allegiance - Brownie Troop 84, Smith School. Leader
Grace Clark.
Invocation - Bruce Templeton, Pastor, First Christian Church, Huntington Beach.
City Clerk Announced Late Communications
Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced the following Late
Communications received by her Office which pertain to items on the agenda:
Communication regarding the Study Session agenda item from the Orange County integrated
Waste Management Department comprised of a brochure and a map from the Orange County
Landfills Public Information Office and a newsletter titled RELOOC (Regional Landfill Options for
Orange County) Review.
Slide show presentation dated October 1, 2001 from the Department of Public Works titled
Department Spotlights -Public Works Department with Thanks to Planning Department and the Fire
Department.
Communication dated September 28, 2001 from Elis Nourafchan of Wamer-West, Ltd. transmitting
their opposition to CUP No. 00-58. Communication titled 6972 Warner Avenue (SWC Wamer
Avenue and Goldenwesf Street.
Presentation - By Mayor Pam Julien Houchen to Huntington Beach City Administrator Ray Silver,
a Proclamation proclaiming the week of October 1 through 5, 2001 as National Customer Service
Week. (120,60)
Presentation - By Mayor Pam Julien Houchen to Huntington Beach Fire Chief/Information
Systems Director Michael P. Dolder; Division Chief Duane Olson; Division Chief Chuck Reynolds;
Fire Engineer Rick Fee, President, Huntington Beach Firefighters Association and Fire Engineer
Mike Perry, Board Member, Huntington Beach Firefighters Association, a Proclamation
(5) October 1, 2001 -Council/Agency Minutes - Page 5
proclaiming October 7 through 13, 2001 as Fire Prevention Week and Saturday, October 13, 2001
as a Day of Remembrance and Reflection for all the firefighters who perished in the World Trade
Center attack of September 11, 2001. (120.60)
(City Council) Accepted Video Presentation Titled A Day of Remembrance and Reflection
- October 13, 2001 (910.10)
Video recording presented titled A Day of Remembrance and Reflection - October 13, 2001 to
commemorate the events of the September 11, 2001 national tragedy.
(City Council) Announcement of City-Wide Fundraising Efforts for National Tragedy of
September 11, 2001 (910.10)
Mayor Julien Houchen announced the citywide fundraising efforts for the national tragedy of
September 11, 2001, during which a large number of Firefighter memorial bracelets and "End of
Watch"tee shirts were sold.
(City Council) Accepted Status Report of Rainbow Disposal Company's Labor Strike
(810.10)
Ron Shenkman, representative of Rainbow Disposal Company addressed Council and the
audience regarding the refuse disposal worker's labor strike. He announced that residents may
deposit their trash at a transfer site on Nichols Street, which is open from 6:00 a.m. to 6:00 p.m.
Mr. Shenkman stated that the local union represents all drivers, haulers, maintenance
personnel, and mechanics.
Public Comments
Gene Gott stated his intent to file a lawsuit for alleged harassment by the Code Enforcement
Division of the Building and Safety Department. Mr. Gott distributed material to members of
Council, which he announced were photographs of discarded equipment and a taped transcript.
Steve Gullage, representative, Huntington Beach Mobile Home Owners Association (HBMOA),
stated his belief that the Property Owners Rights Initiative is mislabeled as such, because it only
serves mobile home park owners. He stated that massive, unrestricted rent increases taking
place at mobile home parks throughout the city, results in taking away homes from low-income
people, as well as the constitutional rights and the police power of the city to protect its citizen
renters. Mr. Gullage requested that Council issue a proclamation against this Charter
Amendment petition which proposes to disallow the City Council to establish rent control for
mobile homes, which will appear on the March 5, 2002 Special Municipal Election ballot.
Jim Barker, Los Amigos Mobile Home Park resident and Communications Officer for the Mobile
Home Owners Association (MHOA), stated his opposition to the Property Owners Protection
Measure, which the previous speaker addressed. He spoke regarding the resolution that
Council passed against State Proposition 199. Mr. Barker asked Council to take a stand in
opposition to the current initiative, stating that 40% of city residents are renters. He asked that
the matter be agendized at the next meeting, and cited figures renters have paid.
(6) October 1, 2001 - Council/Agency Minutes - Page 6
Don Vaughn spoke in opposition to street sweeping tickets given out on September 11, 2001
and requested the revenue from the tickets be given to New York City Firefighters and to the
victims of the national tragedy.
William Stoker spoke in opposition to the County Animal Shelter, describing himself as a
compassionate animal lover who had encountered an unfortunate experience there. He
mentioned the signs posted at the pound that 25% of the animals are adopted, while the rest
are euthanized or killed. Mr. Stoker stated the inconvenience of having had to drive to the City
of Orange to locate his pet. He requested Council to reconsider the manner of operation of the
shelter.
Karen Chepeka, President, Save Our Strays (SOS), addressed Council on her concerns
regarding the feasibility study which had been proposed relative to a city operated animal
shelter. She furnished information on her Section 503(c) non-profit organization. Ms. Chepeka
informed Council of having gathered signatures on a petition and requested Council's support of
a humane shelter.
Sue Bailey, Director, Save Our Strays, stated her disagreement with the feasibility study in the
area of operating costs to run an animal shelter, stating that plans are being made for the
extensive use of volunteers to reduce the budget. Ms. Bailey spoke regarding other cost-saving
options for the holding of stray animals, which equate to less square footage of space
necessary.
Andrea Weeks, Director, Save Our Strays (SOS), spoke in opposition to the consultant's study
of a "no-kill" animal shelter. Ms. Weeks cited financial areas regarding the "Save Our Strays"
organization discussed with the consultant, including revenue raising with proceeds from sales
of pet supply items.
Dewain Boyce requested that his voice be added to those in support of a pro-humane animal
shelter.
.Joey Racano stated reasons why a long-term contract between the city and county for animal
control services will not be in the best interest of the city. He stated his belief that there are
many good locations within the city for a "no-kill" shelter. Mr. Racano commended Mayor Julien
Houchen's leadership in many issues and expressed his hopes for her support in this matter.
Dr. Bob Goldstone presented revised cost estimates for an animal shelter in the city.
Dr Goldstone spoke regarding his professional qualifications.
Peter Toghia, representative, Save Our Strays (SOS) spoke regarding the consultant's
feasibility study in the area of square footage and informed Council of ways to reduce space
requirements. Mr. Toghia stated that he was against a long-term contract with the County of
Orange for an animal control shelter.
Doug Korthof requested that the city not enter into a long-term contract with the county for an
animal control shelter. He spoke in favor of implementing a "one-stop" pet adoption center for
obtaining both a dog and a license. Mr. Korthof suggested that if volunteers are used, that the
shelter be operated on a local level.
(7) October 1, 2001 - Council/Agency Minutes - Page 7
Margene Watkins spoke in favor of a well-managed "no-kill" animal shelter, and how such a facility
is needed within the city.
Norm Westwell addressed Council as follows: 1.) his objection against the terms of the city's
current refuse contract with regard to amortization; 2.) his recommendation that the utility tax be
based on amount of usage of energy, and not cost; 3.) his request that fireworks be allowed;
and 4.) his suggestion that portions of all city parks be devoted to dogs.
Dan McGee commended Council for its position taken at the last Council meeting regarding the
Dog Park. Mr. McGee stated he is in favor of a "no-kill" animal shelter, and expressed his hope
that Council will support the recommendations presented by the Save Our Strays (SOS)
Foundation.
Melissa Fox announced her availability to volunteer at a "no-kill" animal shelter.
(City Council) Council Responses to Public Comments Re: Pro-Humane Animal Shelter
(500.10)
Mayor Julien responded to public comments regarding a pro-humane shelter; that the city has
not yet seen a long-term contract proposal. The Mayor stated that Mayor Pro Tern Cook and
Councilmember Boardman and will bring the matter forward to the attention of the full Council
should one be negotiated between the city and the County of Orange.
City Administrator's Report) Presentation on Newly Operational Edwards Hill Reservoir
and Booster Pump Station (160.10)
Public Works Director Robert F. Beardsley presented the PowerPoint slide report regarding the
newly operational Edwards Hill Reservoir and Booster Pump Station, which had been
announced earlier as a Late Communication by the City Clerk. The communication is titled
Department Spotlights-- Public Works Department with Thanks to Planning Department and
Fire Department.
(City Council) Public Hearing--Adopted Resolution No. 2001-70 on the Community
Services Department Fees for 2002 as Amended with the Approval of Alternative "A"
Parking Pass Fees as Recommended by Staff (340.20)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing for the
purpose of considering the amendment of the city fee resolution by amending the 2002 fees for
the Community Services Department: Specifically, increasing fees for aquatics lessons from
$30 to $35 per participant; Emergency Water Safety and Instructor Aid Water Safety classes
from $38 to $40; day camps from $105/$140 to $1101$145 per participant; youth sports
(basketball; football; baseball; volleyball) from $30 to $35, and summer basketball from $27 to
$30; school field practice lights from $6 to $101$12 an hour; community park field lights for
adults from $15 to $20 an hour, and for nonprofit youth organizations and local organized senior
citizens from $8 to $12; and junior lifeguard program from $360 to$380 per participant. A late
fee of$25 is being instituted for the adult sports slo-pitch softball program.
The cost of a regular beach parking pass will be charged in three month increments, i.e., if
purchased in JanuarylFebruarylMarch, the cost will be $125; in AprillMay/June- $100; in
July/August/September-$75; and in October/November/December- $25. The beach parking
(8) October 1, 2001 - Council/Agency Minutes - Page 8
pass for seniors will cost 40 percent of the regular beach parking pass. The cost of a regular
Main Promenade Parking Structure pass will be charged in three month increments, i.e., if
purchased in January/February/March, the cost will be $125; in April/ May/June - $100; in
July/AugustlSeptember- $75; and in October/November/December- $50. The Main Promenade
Parking Structure pass for seniors will cost 40 percent of the regular Main Promenade Parking
Structure {pass. The daily fee for the Main Promenade Parking Structure after the first fifteen free
minutes will remain at $1 for each thirty minutes, but the maximum is being increased from $7 to
$9; and the employee pass is being increased from $12 to $15 per month. The Sunset Vista
Camping Facility fee for handicapped will be increased from $7.50 to $8 a day. The en route
camping program at the beach is being discontinued.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
Community Services Director Ron Hagan presented a PowerPoint slide report, which he
announced distributing it as a Late Communication during the meeting. The communication is
titled Beach Parking Passes.
Director Hagan indicated that the PowerPoint communication revises Page Nos. D-1.2 through
D-1.4 and D-1.12 of the staff report relating to the aforementioned subject on the proposed
beach parking passes. He stated that the revision is in response to the community's request for
pro-rated fees, and that the last slide of the PowerPoint report titled Recommendation is the
amended Recommended Action for Council consideration.
Discussion ensued regarding the alternatives presented in the Late Communication.
Mayor Pro Tern Cook suggested that citizen complaints should be recorded and brought to the
Council's attention.
Councilmember Green ascertained from Community Services Director Hagan that the proceeds
from the parking pass are directed to the General Fund, and that a percentage is budgeted for
the maintenance of the beach. Director Hagan confirmed Councilmember Bauer's statement
that a portion also goes to marine safety.
The purpose of Community Services fee collection which is full cost recovery, was discussed.
Mayor Pro Tern Cook inquired if the costs will pay for the Huntington Central Park (HCP) Sports
Complex, to which Community Services Director Hagan responded in the affirmative.
Mayor Julien Houchen declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the PowerPoint
presentation distributed and presented by the Community Services Director.
Robert Harrison, Bolsa Chica Conservancy Board Member and retired Boeing Company
engineer spoke in opposition to the current city parking structure rates as costly- in comparison
to the state beach fees—and results in over parking in the residential areas. Mr. Harrison
stated his belief that there has not been a widespread fraudulent use of senior beach passes.
(9) October 1, 2001 -Council/Agency Minutes - Page 9
Norm Westwell concurred with the previous speaker that the prices citizens pay are inelastic, and
expressed the belief that the money paid for consultants is wasted. Mr. Westwell recommended
that residents not be charged a parking fee, and stated that he would like to see a reasonable
charge for parking passes.
There being no persons present to speak further on the matter and there being no further protests
tilled, either written or oral, the hearing was closed by the Mayor.
Councilmember Dettloff informed Council that she will be supporting the staff recommendation,
Alternative "A," expressing the belief that the state has made an error in the lower state beach
parking fees, and that its fees will be raised. She stated that she is in favor of pro-rating the fees.
Councilmember Boardman suggested dealing with parking fee separately, as a straw motion.
Mayor Pro Tern Cook addressed the alleged fraudulent use of senior passes, on which Community
Services Director Hagan reported.
City Administrator Silver clarified that staff used the MSI (Management Services Institute)fee
methodology.
(City Council) Straw Motion Approved to Adopt the Amendment to the Main Motion of Staff
Recommendation of Alternative "A" Parking Pass Fees as Set Forth in the Late
Communication (340.20)
A straw motion was made by Dettloff, second Bauer to approve staffs recommendation of
Alternative "A" - Parking Pass Fees as set forth in the Late Communication:
Alternative "A"--Beach Parking Passes
Months in Effect Regular Senior
January/February/March $125 $50
April/May/June $100 $40
July/August/September $75 $30
October/November $25 $20
The straw motion carried by the following vote:
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: Garofalo
A motion was made by Dettloff, second Bauer to adopt, as amended by approval of"Alternative"A"
Beach Parking Passes - Resolution No. 2001-70 - `A Resolution of the City Council of the City of
Huntington Beach Amending Resolution No. 5159, as Amended, Relating to the Community
Services Department Fee Schedule (Supplemental Fee Resolution No. 82)." The motion carried by
the following vote:
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: Garofalo
(10) October 1, 2001 -Council/Agency Minutes - Page 10
(City Council) Public Hearing - Continued Open to October 15, 2001 to Consider Appeal
Filed by Mayor Pro Tern Debbie Cook of the Planning Commission's Approval of
Conditional Use Permit No. 00-58 (s/w Corner of Warner Avenue/Goldenwest Street
Chevron Service Station) Applicant: RHL Design Group, Inc./Larry Tidball (Includes
Request for Alcoholic Beverage Permit)—Approved (Original Public Hearing Opened and
Closed May 7, 2001 for Referral to the Design Review Board) (420.40)
Mayor Julien Houchen announced that this was the time for a public hearing to consider:
Applicant: RHL Design Group/Larry Tidball, 1201 S. Beach Boulevard, Suite No. 207,
La Habra, CA 90631,
Appellant: Debbie Cook, Huntington Beach Mayor Pro Tempore
Request: Appeal of the Planning Commission's approval to permit the construction and
operation of a service station. Conditional Use Permit No. 00-58 represents a request to:
a)demolish the existing service station facility and permit construction of a service station with a
convenience market, a freestanding gas pump canopy, two self-service pump islands with four
dual-sided pumps, two underground storage tanks and associated site improvements on a
22,500 sq. ft. corner lot; and b) permit alcoholic beverage sales (beer and wine) for off-site
consumption.
The project was referred to the Design Review Board by the City Council at their public hearing
of May 7, 2001. The project was reviewed by the Design Review Board on September 13,
2001, with a recommendation to the City Council for consideration and final action.
Location: 6972 Warner Avenue (southwest corner of Warner Avenue and Goldenwest Street)
Environmental Status: This agenda item is categorically exempt from the provisions of the
California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
Mayor Julien Houchen 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 dated September 28, 2001 from Elis Nourafchan of Warner-West, Ltd.
transmitting opposition to CUP No. 00-58. Communication titled 6972 Warner Avenue (SWC
Warner Avenue and Goldenwest Street).
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 the Mayor.
(11) October 1, 2001 - Council/Agency Minutes - Page 11
A motion was made by Bauer, second Dettloff to continue the public hearing open on
Conditional Use Permit No. 00-58 to the October 15, 2001 Council meeting. The motion carried
by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
Consent Calendar— Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Community Services Commission Appointments - Steel/ Roberts - Terms to
Expire June 30, 2005 (110.20)
(City Council) Acceptance for the City of the 2001/2002 Department of Justice-Local Law
Enforcement Block Grant (LLEBG) Grant Award - Expenditures for One Staff Position Each in
Two Units: (1) Crime and (2)Telephone Reporting (340.801700.10)
(City Council) Appointments of Five New Members to the Citizen Participation Advisory Board
(CPAB) -Albino/Couey/Mello Navejas/Ray/Zia - Terms to Expire September 30, 2005 (110.20)
Consent Calendar--Items Approved
On motion by Bauer, 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, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council/Redevelopment Agency) Minutes -Approved and adopted the minutes of the
City Council/Redevelopment Agency adjourned regular meetings of August 27, 2001 as written
and on file in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Approved the Release of the Guarantee and Warranty Bond for Tract
No. 15087 -Taylor Woodrow Homes, Inc. (w/o Goldenwest Street, slo Garfield Avenue)
(420,60) - 1. Released Guarantee and Warranty Bond No. 111-3345-7900, the security
furnished for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify
the Developer, Taylor Woodrow Homes, Inc., of this action, and the City Treasurer to notify the
Surety, Gallagher Construction Services, of this action. Submitted by the Public Works Director.
Funding Source: Not Applicable.
(City Council) Approved the Release of the Guarantee and Warranty Bond for Tract
No. 15088 -Taylor Woodrow Homes, Inc. (w/o Goldenwest Street, s/o Garfield Avenue)
(420.60) - 1. Released Guarantee and Warranty Bond No. 111-3345-7918, the security
furnished for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify
the Developer, Taylor Woodrow Homes, Inc., of this action, and the City Treasurer to notify the
Surety, Gallagher Construction Services, of this action. Submitted by the Public Works Director.
Funding Source: Not Applicable.
(12) October 1, 2001 -Council/Agency Minutes - Page 12
(City Council) Approved the Release of the Guarantee and Warranty Bond for Tract
No. 14700 -Taylor Woodrow Homes, Inc. (wto Goldenwest Street, slo Garfield Avenue)
(420.60) - 1. Released Guarantee and Warranty Bond No. 111-3345-7892, the security
furnished for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify
the Developer, Taylor Woodrow Homes, Inc., of this action, and the City Treasurer to notify the
Surety, Gallagher Construction Services, of this action. Submitted by the Public Works Director.
Funding Source: Not Applicable.
(City Council) Accepted Bid and Awarded and Approved Contract with Pascal & Ludwig
Constructors for Retrofitting of Four Chlorine Containment Structures; CC-1133 - (Welt
Nos. 6, 7, 9 and 10 Located throughout the City) (600.75) - 1. Accepted the lowest
responsible/responsive bid submitted by Pascal & Ludwig Constructors for the Chlorine
Containment Structures Construction Contract CC-1133; and 2. Authorized the Mayor and City
Clerk to execute the approved Construction Contract in the amount of$307,910; and
3. Authorized the Director of Public Works to expend up to $400,000, which includes the
contract cost of$307,910, estimated contingency of$56,000, and $36,090 for undesignated
supplemental expenditures. Submitted by the Public Works Director. Funding Source:
$800,000-Water Master Plan, Chlorine Containment Account. (A map included with the staff
report indicates the locations of Well Nos. 6, 7, 9 and 10.)
(Redevelopment Agency) Adopted Agency Resolution No. 326 Establishing Insurance and
Indemnity Requirements (600.05) -Adopted Resolution No. 326 - "A Resolution of the
Redevelopment Agency Establishing Insurance and Indemnity Requirements." Submitted by the
Executive Director, the Agency General Counsel and the Deputy Executive Director. Funding
Source: None required. (The resolution before the Redevelopment Agency Board is a duplicate
of Resolution No. 2001-65 the City Council adopted at its September 17, 2001 meeting with its
related Ordinance Nos. 3510 and 3511 for adoption of the Huntington Beach Municipal Code
Relating to Chapters 3.02 and 3.03.)
(City Council) Approved and Authorized Execution of a Professional Service Contract
between the City and Atrilogy Solutions Group, Inc.for Technical Support Personnel in
the Information Services Division (JD Edwards Software Implementation Project) and
Approved Settlement Committee Recommendations for the Waiver of Liability Insurance
Requirements (600.10) - 1. Approved and authorized the Mayor and City Clerk to execute the
Professional Services Contract between the City of Huntington Beach and Atrilogy Solutions
Group, Inc. for Technical Support Personnel, and 2. Approved the Waiver of General Liability
Insurance requirements and accept the Professional Liability Insurance as recommended by the
Settlement Committee. Submitted by the Fire Chiefllnformation Systems Director. Funding
Source: Funding for the JD Edwards Software Implementation project was previously approved
by Council in 1999 and 2000. The 2001/2002 budget is $1,139,091.
(City Council) Approved Standard Agreement Between the City and the Franchise Tax
Board (for a One-Time Exchange of Information on Business Licenses from September
2001 through December 2003 (600.20) - 1. Approved and authorized the Mayor and City Clerk
to execute Standard Agreement C2121044 between the City of Huntington Beach and the
Franchise Tax Board; and 2. Directed the City Treasurer and the Fire Chief/Information Systems
Director to provide this information to the Franchise Tax Board. Submitted by the City Treasurer
and the Fire Chief/Information Systems Director. Funding Source: None (revenue to the City).
(The one time exchange of information is for reimbursement of up to $40,000 from September 1,
2001 to December 31, 2003. A similar contract for Fiscal Year 2000/01 was approved at the City
Council meeting of February 5, 2001.)
(13) October 1, 2001 - Council/Agency Minutes - Page 13
(City Council) Approved and Authorized Execution of Two Professional Services
Contracts Between the City and Scott Fazekas &Associates (Doing Business as S1FA,
Inc.) to Provide (1) Plan Review and (2) Staffing Services --Approved Settlement
Committee Recommendations for the Waiver of Liability Insurance Requirements
(600.10) - 1. Approved and authorized the Mayor and City Clerk to execute the Professional
Services Contract between the City of Huntington Beach and Scott Fazekas Associates, Inc. for
Plan Review Services, and 2. Approved and authorized the Mayor and City Clerk to execute the
Professional Services Contract between the City of Huntington Beach and Scott Fazekas
Associates, Inc. for Staffing Services, and 3. Approved the waiver modifications for the Plan
Review and Staffing Service contracts as recommended by the Settlement Committee.
Submitted by the Building & Safety Director. Funding Source: Contract Services Accounts -
$355,000 and $45,000.
(City Council) Approved Acceptance for the City of the 1999/2000 Department of Justice-
Local Law Enforcement Block Grant (LLEBG) -Authorize Expenditures for a Wireless
Reporting System (LAN) (340.80) - 1. Accepted the grant award of$156,405 from the
Department of Justice for the funding cycle year 199912000; and 2. Authorized the Chief of
Police to expend $173, 783, plus any accrued interest on a Wireless LAN system. Submitted by
the Chief of Police. Funding Source: A 10% City match of$17,378- 200112002 Investigations
Unit Account. The account business unit will be established.
(City Council) Approved Acceptance for the City of the 2000/2001 Department of Justice-
Local Law Enforcement Block Grant(LLEBG) -Authorize Expenditures for Technology
(Emergency Monitoring Systems Projects) (340.80) - 1. Accepted the grant award of
$140,159 from the Department of Justice for funding cycle year 2000/2001; and 2.Authorized
the Chief of Police to expend $155,732, plus any accrued interest on technology within the
Police Department. Submitted by the Chief of Police. Funding Source: 10% City match of
$15,573 - 2001/2002 Investigations Unit Account. The account business unit will be
established.
(City Council) Approved Acceptance for the City of a Department of Justice-Office of
Community Oriented Policing Service Technology Grant(COPS) - Authorized
Expenditures for a Video Teleconferencing System (340.80) - 1. Accepted the grant
between the U.S. Department of Justice-COPS Office and the City of Huntington Beach titled
U.S. Department of Justice - Office of Community Oriented Policing Services- COPS
Technology Grant Award,and 2. Authorized the expenditure of funds not to exceed $52,315 to
purchase a video teleconferencing system. Submitted by the Chief of Police. Funding Source:
The full amount of$52,315 is reimbursable by the Department of Justice. The grant has been
extended to end in July of 2002. No matching or in-kind City funds are necessary.
(City Council)Adopted Resolution No. 2001-71 Amending the City Classification Plan to
Add to the Fire Department the Position of Supervisor, Development and Hazardous
Materials (700.10)—Adopted Resolution No. 2001-71 - "A Resolution of the City Council of
the City of Huntington Beach to Amend the City Classification Plan by Adding the Classification
of Supervisor, Development and Hazardous Materials Thereof." Submitted by the
Administrative Services Director. Funding Source: General Funds - Fire Department Account.
(City Council) Authorized Appropriation of FireMed Funds and Approved Software
License Agreement between the City and Recognition Solutions, Inc. for Paramedic
Quality Assurance Program (600.10)- 1.Authorized the appropriation of$210,000 from the
(14) October 1, 2001 - Council/Agency Minutes - Page 14
Undesignated, Unappropriated FireMed Fund balance to the FireMed Account; and 2. Approved
and authorized the Mayor and City Clerk to execute the Software License Agreement between
Recognition Solutions Incorporated and the City of Huntington Beach for RSI SynOptico and
FireMed Pro in an amount not to exceed $210,000. Submitted by the Fire Chieflinformation
Systems Director.
(City Council) Approved Community Services Commission Appointments - Steel/ Roberts
with Terms to Expire June 30, 2005 (110.20)
Councilmember Green requested that this agenda item be removed from the Consent Calendar
for separate discussion. He inquired if the city has plans that will acquaint the City Council
regarding new appointees to boards, commissions, and committees and a program that
recognizes the members' dedicated service to the city.
City Administrator Silver reported that staff will re-institute the procedure that has been practiced
in the past to provide the City Council with information on applicants to the various boards,
commissions and committees of the city. He further stated staff typically holds events during
the holidays to recognize the work of the members of the various boards, commissions, and
committees.
A motion was made by Green, second Dettloff to appoint Barbara Steel and Buddy Roberts to
Member-at-Large vacancies on the Community Services Commission for four-year terms to expire
June 30, 2005, as recommended by City Council Liaisons Debbie Cook and Dave Garofalo. The
motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council)Approved Acceptance for the City of the 2001/2002 Department of Justice-
Local Law Enforcement Block Grant (LLEBG) Grant Award—Authorized Expenditures for
One Staff Position Each in Two Units: (1) Crime and (2) Telephone Reporting (340.80/
700.10)
Mayor Pro Tern Cook requested that the above-captioned agenda item be removed from the
Consent Calendar for separate discussion. She inquired regarding the manner in which funding
for the two positions is being accomplished at the end of the fiscal year.
City Administrator Silver requested Police Captain Jim Custhaw and the author of the staff
report, Analyst Shawna Krone-Schmidt to report.
A motion was made by Cook, second Green to 1. Accept the grant award of$149,795 from the
Department of Justice for funding cycle 2001/2002; and 2. Authorize the Chief of Police to establish
one position in the High Technology Crime Unit and one position in the Telephone Reporting Unit;
and 3. Authorize the expenditure of funds not to exceed $166,439 for the two positions for a period
of one fiscal year. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(15) October 1, 2001 - Council/Agency Minutes - Page 15
(City Council) Approved the Appointments of Five New Members to the Citizen
Participation Advisory Board (CPAB) -Albino/CoueylMello NavejaslRay/Zia -Terms to
Expire September 30, 2005 (110.20)
Councilmember Green requested that this agenda item be removed from the Consent Calendar
for the same reasons as his previous request to discuss separately the Public Works
Commission appointments. Councilmember Green recognized the five outgoing members of
the Citizen Participation Advisory Board —Stan Cohen, Jeff Lebow, Judith Lewis, Floyd Phillips
and Phil Zisakis -for their hard work and expressed his hope that the opportunity will arise in the
future to meet with the new appointees to the CPAB.
A motion was made by Green, second Dettloff to approve the appointments, as recommended by
City Council Liaisons Connie Boardman and Dave Garofalo of Adrianne Albino, Linda Couey,
Kathleen Mello Navejas, Steve Ray and Caleb Zia to the Citizen Participation Advisory Board
(CPAB) for one four-year term to expire September 30, 2005. The motion carried by the following
roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council) Adopted Ordinance No. 3507 Amending Huntington Beach Municipal Code
Chapter 2.16 to Add Administrative Citation Enforcement Rights to City Treasurer's
Duties (640.10)
After the City Clerk read by title, a motion was made by Green, second Dettloff to adopt Ordinance
No. 3507 - "An Ordinance of the City of Huntington Beach Amending Chapter 2.16 of the
Huntington Beach Municipal Code Relating to the Duties of the City Treasurer." Submitted by the
City Treasurer. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council) Adopted Ordinance No. 3508 Amending Chapter 7.12 of the Huntington
Beach Municipal Code Pertaining to Miscellaneous Animal Care and Control to Limit
Number of Dogs to Three Per Individual Allowed on Dog Park within Huntington Central
Park (640.10)
After the City Clerk read by title, a motion was made by Green, second Dettloff to adopt Ordinance
No. 3508 - "An Ordinance of the City of Huntington Beach Amending Chapter 7.12 of the
Huntington Beach Municipal Code Limiting the Number of Dogs Allowed on Dog Park" Submitted
by the Community Services Director. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(16) October 1, 2001 -Council/Agency Minutes - Page 16
(City Council) Adopted Ordinance No. 3509 Adding Section 8.36.015 to the Huntington
Beach Municipal Code Pertaining to Rubbish and Nuisance Activity Control Standards
for Vacant Real Property (640.10)
After the City Clerk read by title, a motion was made by Green, second Cook to adopt Ordinance
No:3509 - "An Ordinance of the City of Huntington Beach Amending Chapter 8.36 of the
Huntington Beach Municipal Code Relating to Rubbish Accumulation and Removal." Submitted by
the City Attorney. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council) Adopted Two Ordinances: (1) Ordinance No. 3510 Amending Huntington
Beach Municipal Code Chapter 3.02 Relating to the Purchase of Goods and Services and
(2) Ordinance No. 3511 Amending Huntington Beach Municipal Code Chapter 3.03
Relating to the Contracting of Professional Services (640.10)
After the City Clerk read by title, a motion was made by Green, second Dettloff to adopt:
1. Ordinance No. 3510 - "An Ordinance of the City of Huntington Beach Amending Chapter 3.02
of the Huntington Beach Municipal Code Relating to the Purchase of Goods and Services."
Submitted by the City Administrator and the City Attorney.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
and
After the City Clerk read by title, a motion was made by Green, second Cook to adopt:
2. Ordinance No. 3511 - "An Ordinance of the City of Huntington Beach Amending Chapter
3.63 of the Huntington Beach Municipal Code Relating to the Contracting of Professional
Services." Submitted by the City Administrator and the City Attorney.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(17) October 1, 2001 - Council/Agency Minutes - Page 17
(City Council) Adopted Ordinance No. 3512 Amending Chapter 4.2 of the Huntington
Beach Specific Plan Relating to the Downtown Parking Master Plan (640.10)
After the City Clerk read by title, a motion was made by Green, second Dettloff to adopt Ordinance
No. 3512 - "An Ordinance of the City of Huntington Beach Amending Chapter 4.2 of the Huntington
Beach Specific Plan Relating to the Downtown Parking Master Plan." Submitted by the Planning
Director. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council) Approved Introduction of Ordinance No. 3513 Amending Section 12.10.010
of the Huntington Beach Municipal Code Relating to the Adoption of Standard
Specifications for Public Works Construction (640.10)
The City Council considered a communication from the Public Works Director requesting
approval of the introduction of the latest revision of the ordinance to amend the current
Huntington Beach Municipal Code Section 12.10.010 relating to the adoption of Standard
Specifications for Public Works construction.
After the City Clerk read by title, a motion was made by Green, second Dettloff to approve
introduction of Ordinance No. 3513 - "An Ordinance of the City of Huntington Beach Amending
Chapter 12.10 of the Huntington Beach Municipal Code Relating to the Adoption of Standard
Specifications for Public Works Construction." Submitted by the Public Works Director. The motion
carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council) Adopted Resolution No. 2001-72 Condemning Attack on the United States,
Praising Responders, and Calling for a National Security Summit (120.70)
The City Council considered a communication from Councilmember Dave Garofalo transmitting
the following Statement of Issue: The horrific acts of September 11, 2001 have left us stunned
and saddened. Our future is uncertain as President Bush grapples with the issues and begins
to take actions in defense of our nation and our community. In light of these events, I felt it
appropriate to bring forward a resolution first adopted by the Executive Committee of the United
States Conference of Mayors for consideration by our City Council. I believe that this resolution
summarizes our community's desire to support and applaud the untiring diligence of all those
involved in the rescue effort, and to show support for President Bush, the Congress, and all of
those elected officials currently in leadership at this time.
Mayor Julien Houchen announced that she will be making a motion to approve the subject
resolution in the absence of Councilmember Garofalo due to an emergency.
(18) October 1, 2001 - Council/Agency Minutes - Page 18
A motion was made by Julien Houchen, second Green adopt Resolution No. 2001-72 - "A
Resolution of the City Council of the City of Huntington Beach Condemning the Attack on the United
States, Praising Responders, and Calling fora National Security Summit." The motion carried by
the following roll call vote:
AYES: Green, Boardman, Cools, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council) Approved as Amended to Direct Staff to Conduct a Feasibility Study of the
City Ordinance Relating to Property Owner Matters Re: Landscaping and Earth
Movement on "Through" Lots - Referred to the Beautification, Landscape and Trees
(BLT) Committee for Recommendations to Council (420.20)
The City Council considered a communication from Councilmember Ralph Bauer transmitting
the following Statement of Issue: From time to time, there has been extensive discussion on
how to deal with "through" lots; that is, lots with frontage on two streets, especially when earth
movement or retaining walls are involved.
Our current ordinance appears not to adequately deal with this issue in that its restrictions are
sufficiently severe that property owners request, and are often granted substantial variation from
the original ordinance. The end result is a hodgepodge of structures that detract from the
attractiveness of the neighborhood.
Councilmember Bauer's memorandum sets forth the following recommended actions:
I request of the staff the following:
1. Is there an opportunity to rewrite our current ordinance to offer an opportunity for a
landowner to more fully utilize his/her property without excessively infringing on the general
appearance of the neighborhood?
and
2. Can the ordinance be written so that there will likely be visual consistency should many
different adjacent owners elect to optimize the usability of their property?
If the answer to the above questions is yes, I move that the staff be requested to draft a new
ordinance that more adequately addresses the issue of"through" lots.
As an ancillary aspect to this issue, is it possible to plant vines to cover existing walls much as
has been done on the Los Angeles freeways so as to mitigate the negative appearance of these
walls?
Planning Director Howard Zelefsky responded to Councilmember Bauer's inquiry as to the
feasibility of the foregoing proposal; whether it would take a great deal of staff time. Director
Zelefsky stated that it is the public process portion which would be time-consuming, but that it
would be possible to draft a proposal, if staff can come to a compromise solution.
(19) October 1, 2001 - Council/Agency Minutes - Page 19
City Administrator Silver suggested that the Beautification, Landscape and Trees (BLT)
Committee can explore the issues involved.
A motion was made by Bauer, second Green to approve to direct staff to conduct a feasibility study
addressing Councilmember Bauer' concerns to amend the city ordinance relating to property owner
matters regarding landscaping and earth movement on "through" lots and to approve, as amended
referral to the Beautification, Landscape and Trees (BLT) Committee to make recommendations to
Council. The motion carried by the following roll call vote:
AYES: Green, Boardman, Julien Houchen, Dettloff, Bauer
NOES: Cook
ABSENT: Garofalo
(City Council) Comments Regarding Consideration of Adding Agenda item on the Dog Park
Issue (920.10)
A brief discussion was held regarding adding Councilmember Garofalo's item on the agenda
regarding the Dog Park. Councilmember Bauer recommended waiting until such time as the
proponent is present. Council concurred unanimously, Garofalo absent.
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 9:10 p.m. to Monday, October 15, 2001, at 5:00 p.m., in
Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio Cler of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
City Clerk-Clerk yor-Chairman