HomeMy WebLinkAbout2002-07-15Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, July 15, 2002
5:00 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 5:00 p.m. portion of this meeting
and a videotape of the 7:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Call to Order
Mayor Cook called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 5:00 p.m. in Room B8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Green, Dettloff, Boardman, Cook, Winchell, Bauer (Houchen arrived at 5:05 p.m)
Absent: Node
(City Council) Study Session Held— presentation Made by the Director of Administrative
Services and Conrad Business. Solutions Re: - Overview of Cost Allocation/Fee Recovery
Study — to Return to Council at August 2002 Budget Workshops (600.10)
Administrative Services Director Clay Martin informed Council of the purpose of the Cost
Allocation/Fee Recovery Study and stated that the project leads on staff are Director of Finance
Dan Villella and Principal Accountant Robert Sediak.
Administrative Services Director Martin introduced Carol Jacobs, Financial Director of the
consulting firm, Conrad Business Solutions, who presented a slide show. This slide show was
submitted as a Late Communication from the Administrative Services Department on July 15, 2002
titled Cost Allocation Plan and User Fee Study.
Ms. Jacobs pointed out that the city overhead rate is 19.89%, which she stated is appropriate for a
city the size of Huntington Beach. Ms. Jacobs explained the objectives and scope of the study and
methodology. She stated that based on the study results she formed various recommended
options (Slide No. 29). Director Martin stated these options were developed for Council's
consideration at the time the budget is presented to Council in August.
Director Martin indicated time line expectations, stating that these are preliminary results and a
more detailed report will be submitted to Council and staff by the end of the week for review and
refinement.
Council received clarification on various issues from Ms. Jacobs and Administrative Services
Director Martin relative to the potential for full cost recovery in conjunction with the methodology
used by Conrad Business Solutions to ensure an understanding of the company's methods.
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July 15, 2002 - CouncillAgency Minutes - Page 2
Motion to Recess to Closed Session - Approved
A motion was made by Boardman, second Green to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives, Agency Negotiators: William Workman, Assistant City
Administrator; Clay Martin, Director of Administrative Services; and Ron Hagan, Director of
Community Services; regarding labor relations matters — meet and confer with the following
employee organization: SCLEA (Surf City Lifeguard Employees' Association). Subject: Labor
Relations— Meet & Confer. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
agency is a party. The title of the litigation is City of Huntington Beach v. State Board of
Control of the California Public Employees' Retirement System [PERS]; Court of Appeals
Case No. G028210 consolidated with G026268 and G025673; Orange County Superior Court
Case No. 816394. Subject: City of Huntington Beach v. PERS. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding' pending litigation which has been initiated formally and to which the
agency is a party. The title of the litigation is Scottsdale Insurance Co. v. City of Huntington
Beach, Orange County Superior Court Case No. 761735. Subject: Scottsdale Insurance Co.
v. City of Huntington Beach. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
agency is a party. The title of the litigation is Brynn Keaty v. City of Huntington Beach, et al.;
U.S. District Court Case Nos. CV 01-5762 RMT (Mcx) and SA 01-1213 AHS. Subject: Keaty v.
City of Huntington Beach, et al. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council
Chambers.
City Council- Redevelopment Agency Roll Call
Present: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
Absent: None
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on July 15, 2002 (Pursuant to Government Code §54957.1(a) (2) Re: Scottsdale
Insurance Co. v. City of Huntington Beach, OCSCC Case No. 761735 (120.80)
City Attorney Gail Hutton reported that on Monday, July 15, 2002 the City Council convened in
Closed Session to discuss the matter of Scottsdale Insurance Co. v. City of Huntington Beach,
Orange County Superior Court Case No. 761735 and voted to appeal.
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July 15, 2002 - Council/Agency Minutes - Page 3
Subsequent to the meeting, the City Attorney's Office submitted a communication which sets
forth the Report of Action in its entirety as follows:
On Monday, July 15, 2002, the City Council convened in closed session to discuss whether or
not to defend, or seek or refrain from seeking appellate review of relief, or to enter as an amicus
curiae in any form of litigation as the result of a consultation under Section 54956.9 in the matter
of Scottsdale Insurance Co. v. City of Huntington Beach; Orange County Superior Court
Case No. 761735.
This case is an inverse condemnation action involving flooding of an apartment complex in
Huntington Beach. The City Council voted to authorize the City Attorney to file an appeal in this
case. The Council voted as follows: 7 Ayes; 0 Noes; 0 Abstentions.
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on July 15, 2002 (Pursuant to Government Code §54957.1(a) (2) Re: City of
Huntington Beach v. State Board of Control of the California Public Employees'
Retirement System et al. [PERS]; OCSC Case Nos. 779958, 794230, 816394, and Appeal
Nos. G026268, G025673; and G028210 (120.80)
City Attorney Gail Hutton reported that on Monday, July 15, 2002 the City Council convened in
Closed Session to discuss the matter of City of Huntington Beach v. State Board of Control of
the California Public Employees' Retirement System et al. [PERS], not to seek Superior Court
review.
Subsequent to the meting, the City Attorney's Office submitted a communication which sets
forth the Report of Action in its entirety as follows:
On Monday, July 15, 2002, the City Council convened in closed session to discuss whether or
not to defend, or seek or refrain from seeking appellate review of relief, or to enter as an amicus
curiae in any form of litigation as the result of a consultation under Section 54956.9 in the matter
of City of Huntington Beach v. State Board of Control, Board of Administration of the Public
Employees' Retirement System, et al., Orange County Superior Court Case Nos. 779958,
794230, 816394, and the Appeal Nos. G026268, G025673 and G028210.
The City Council voted not to seek Supreme Court review of the decision in this case. The
Council voted as follows: 7 Ayes; 1 No; 0 Abstentions.
In this case, the City challenged the legality of the California Public Employees' Retirement System
1992 "Short -Term Policy' which allowed City employees in 1994 to convert or "roll over" certain
employee benefits to final compensation for the purpose of obtaining higher retirement benefits.
Although the City lost on this point, it won in a related case limiting the rollover only to those
employees who exercised it in 1994.
Flag Ceremony and Pledge of Allegiance — Troop 1932 Junior Girl Scouts from Huntington
Beach Smith and Seacliff Elementary Schools. Troop Leader Karen Wichner.
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July 15, 2002 - Council/Agency Minutes - Page 4
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced Late Communications
regarding agenda items that had been received by her office following distribution of the agenda
packet:
Slide show presentation submitted by the Administrative Services Department to the City Clerk's
Office on July 15, 2002 titled Cost Allocation Plan and User Fee Study.
Slide show presentation dated July 15, 2002 from Shari Freidenrich, City Treasurer, titled May
Treasurer's Report.
Replacement Page No. C-3.3 of staff report from City Treasurer titled City of Huntington Beach
Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
May 2002.
Communication dated July 15, 2002 from the City Attorney's Office transmitting an amendment to
Resolution No. 2002-68. Communication titled Late Communication — Item D-1.6.
PowerPoint presentation from staff dated July 15, 2002 titled Agenda Item D-1 Administrative Public
Hearing_
Communication dated July 15, 2002 from the City Attomey's Office transmitting revised Page No.
1 to each of the Tow Operator Agreements. Communication titled Late Communication -- Item
E-8.
Slide show presentation dated July 15, 2002 from the Public Works Department titled Option
Agreement to Purchase Site No. 2 from AES - 4.5 Acre Parcel for 10 MG Reservoir and Booster
Pumping Station.
Slide show presentation dated July 15, 2002 from the Economic Development Department titled
Huntington Beach HotellMotel Business Improvement District.
Communication dated July 13, 2002 from Gino J. Bruno opposing the proposed agreement.
Communication titled Gail Hutton.
Slide show presentation dated July 15, 2002 from the Economic Development Department titled
Ordinance Eliminating Time Limit for Debt
The Following Additional Late Communication Was Submitted during the Meeting:
The City Administrator distributed a communication from Director of Public Works, Robert F.
Beardsley dated July 9,2002 from the California Regional Water Quality Control Board titled
Rescission of Cleanup and Abatement Order No. 00-86.
Presentation by Mayor Debbie Cook, Fire Chief Michael Dolder, and Sparky the HB Fire Dog,
to Hugo Ruthling, who dialed 911 on May 27, 2002, when his mother Gabby Ruthling, had an
asthma attack, and began having trouble breathing. Her breathing became labored and she
called to Hugo to call for help, just before passing out. Four year old Hugo dialed 911 and told
the dispatcher his Mom was sick and could not breathe. He was able to give enough
information to send out a paramedic unit. Throughout the ordeal he kept his composure and
delivered accurate information. Had he not done this, his mother could have died. Also in
attendance, Captain Mark Daggett, Engineer Chico Sanchez, Firefighter Paramedic Brandon
Olson, and Firefighter Paramedic Neal McEvers. (160.40)
(5) July 15, 2002 - Council/Agency Minutes - Page 5
Presentation by Mayor Debbie Cook, Mayor Pro Tern Boardman, and Council Member Dettloff
to the Huntington Beach Sister City Association Board Members, in recognition and
commendation for all their hard work in arranging, coordinating and entertaining the Sister City
Visitors from Anjo, Japan. Board Members are: Carmen Erber, Margaret Nerio, Valerie
Messina, Sue Melia, Bob Dettloff, Doug Erber, Allison Goldenberg, Bob Rank, Betty Ching, and
Keith Bohr. (160.40)
Presentation by Orange County Transportation Authority (OCTA) Director and County
Supervisor Jim Silva, to Mayor Debbie Cook and Ron Hagan, Community Services Director, two
shuttles and a ceremonial check in the amount of $138,145 to aid the city in providing transit
services to senior residents. The vehicles are provided at no cost to the city and will be
replaced every three years through OCTA's Senior Mobility Program. (160.40)
Presentation to Mayor Debbie Cook, Police Chief Ron Lowenberg, and Police Sergeant Gary
Meza from Sharon Wie and Interval House Representatives, a check in the amount of $12,200,
which is part of a grant from the Office of Criminal Justice. The Huntington Beach Police
Department and Interval House have had a long standing working relationship and this money
will go towards working for Domestic Crime Victims. (160.40)
Sharon Wie thanked Chief Lowenberg and the Police Department for their continued support
and involvement with the Interval House.
Presentation by Mayor Debbie Cook and Ron Hagan, Community Services Director, Betsy
Crimi, Human Services Supervisor and Dick White, President, Huntington Beach Council on
Aging to Betsy Fisher, Manager, Norm's Restaurant of Huntington Beach, a commendation for
the holiday meals that Norm's prepares for Thanksgiving, Christmas, Valentine's, Easter and 4th
of July, at their cost only. Norm's Restaurant has been preparing these meals for five years.
(160.40)
Presentation by Mayor Debbie Cook to Ron Hagan, Director, Community Services Department
and Dottie Hughes, Senior Recreation Leader, City Gym & Pool, Community Services
Department, a Proclamation proclaiming July 14, 2002 through July 20, 2002 as National
Aquatic Week. (160.40)
Mayor's Award by Mayor Debbie Cook and Ross Cranmer, Director Building and Safety, to
Chad Frisby, Building Inspector Ill, Building and Safety Department. (160.40)
Public Comments
Joey Racano announced his candidacy for City Council for the November 5, 2002 General
Election. Mr. Racano spoke in opposition to Federal Section 301-H waiver. He stated he will be
attending the Orange County Sanitation District meeting and is hopeful that the District will vote to
follow the Federal Clean Water Act.
Dean Albright stated that although he is in favor of City Attorney Gail Hutton's request for early
retirement effective September 30, 2002, he opposed her request to be an independent contractor
in the capacity of special legal advisor during the transitional period commencing October 1, 2002
through December 2, 2002.
Debbie Borden spoke in opposition to the absence of the Invocation from the Council meetings
and offered a prayer.
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July 15, 2002 - Council/Agency Minutes - Page 6
Tim Geddes spoke in opposition to the proposed Charter Amendment, which would establish
Council Districts and decrease Council from seven to five members. Mr. Geddes stated his
expectation that the Council candidates will express their opinion on this issue; that it is "bad
government."
Jill Hardy commended the a of July Board for ensuring an enjoyable parade. Ms. Hardy
announced her candidacy for City Council and spoke in opposition to the proposed Charter
Amendment establishing Council Districts. She stated that the proposed reduction of Council
members from seven to five would result in a decrease in the number of volunteers who serve on
the city's various Boards and Commissions, as these members are appointed on a one -Council
member, one -volunteer member basis.
Don McGee thanked the Council Members for the remarkable jobs they are doing. Mr. McGee
spoke in favor of Mayor Pro Tern Boardman's Council item relative to banner towing aircraft.
(City Administrator's Report) — Department Highlights on (1) Commendations to the 4t' of
July Committee and Departments and (2) Recission of Cleanup and Abatement Order No,
00-86 - Letter from the Executive Officer of the California Regional Water Quality Control
Board Informing that the City is in Compliance (600.10)
City Administrator Ray Silver commended the 4" of July Board and all of the City staff,
Department of Public Works, Fire Department, and Public Information Office, for their work on
the parade.
City Administrator Ray Silver reported on a Late. Communication, which he distributed to Council
at the meeting and was submitted by Director of Public Works Robert F. Beardsley. The
Communication from the California Regional Water Quality Control Board titled Rescission of
Cleanup and Abatement Order No. 00-86, which sets forth that the City of Huntington Beach
has fully complied with the requirements, and the Cleanup and Abatement Order No. 00-86 is
hereby rescinded and the District Attorney's Office has been notified of the City's full
compliance.
(City Council) Reviewed and Accepted as Amended by a Late Communication, Shari
Freidenrich, City Treasurer's May 2002 Report Titled City of Huntington Beach Summary
of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity
(310.20)
The City Council considered a communication from City Treasurer Shari Freidenrich
transmitting the Monthly Investment Report for May 2002.
City Treasurer Freidenrich presented the PowerPoint slide show titled May Treasurer's Report,
which was announced earlier as a Late Communication by the City Clerk.
A motion was made by Boardman, second Dettloff to review and accept as amended the monthly
report with replacement Page No. C-3.3. Following review of the report, by motion of Council,
accept the Monthly Investment Report Summary of Investment Portfolio, Bond Proceeds, and
Deferred Compensation Activity for May 2002, pursuant to Section 17.0 of the Investment Policy of
the City of Huntington Beach. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
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July 15, 2002 - Council/Agency Minutes - Page 7
(City Council) Administrative Public Hearing — Adopted Resolution No. 2002.68 as
Amended - Approved Certification of Special Assessment for Recovery of Costs for
Abatement of Nuisance (Spano Property) 16911 Balsa Chica Street (570.60)
Mayor Cook announced that this was the time scheduled for an administrative public hearing to
consider the adoption of Resolution No. 2002-68 entitled `A Resolution of the City Council of the
City of Huntington Beach Certifying Special Assessments for Recovery of Costs of Abatement
of Nuisance at 16911 Balsa Chica Street (Spano Property).'
The City Council considered a communication from William Workman, Assistant City
Administrator, and Howard Zelefsky, Director of Planning.
A copy of the proposed Resolution is on file in the City Clerk's Office, 2000 Main Street,
Huntington Beach 92648, for inspection by the public.
An administrative hearing is required by the Huntington Beach Municipal Code
Section 17.08.010 adopting Uniform Housing Code Section 1602. Only property owners are
entitled to speak at an administrative hearing. All other interested parties may speak at regular
public comments at beginning of the meeting. Written communications to the City Council may
also be mailed to the City Clerk.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Howard Zelefsky, Director` of Planning, introduced William Zylla, Preservation Program Manager,
who gave a PowerPoint presentation from a Late Communication announced earlier by the City
Clerk dated July 15, 2002 titled Agenda Item D-1 Administrative Public Hearing.
Mayor Cook declared the administrative public hearing open.
As there were no persons present to speak on the matter and there were no protests filed,
either written or oral, Mayor Cook declared the public hearing closed.
The City Clerk restated for the record of this hearing, the above mentioned PowerPoint
presentation and the Late Communication from the City Attorney's Office.
Council Members received confirmation from staff that the escrow will not close until the lien is
satisfied.
A motion was made by Green, second Houchen to adopt as amended (by the Late
Communication from the City Attorney's Office dated July 15, 2002 to delete the incorrect
address in the resolution and insert the correct address), Resolution No. 2002-68 entitled "A
Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments
for Recovery of Costs of Abatement of Nuisance at 16911 Bolsa Chica Street
(Spano Property). The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
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July 15, 2002 - Council/Agency Minutes - Page 8
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Resolution No. 2002-67 Approving the Submittal of Four Projects to the Orange
County Transportation Authority for Funding Under the Arterial Highway Rehabilitation Program
(AHRP) (800.40)
(City Council) Construction Contract for the Urban Runoff Diversion, CC-1181 to SRD
Engineering, Inc. — For Five Storm Drain Pump Stations (600.10)
(City Council) Resolution No. 2002-70 for Capital Improvement Programs for Compliance with
Measure M Requirements — Fiscal Years 2002/2003 through 2008-2009 (320.40)
Consent Calendar — Items Approved
On motion by Dettloff, second Green Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Minutes Approved and Adopted as Amended -
Approved and adopted the minutes as amended (Mayor Pro Tem Boardman seconded the
motion made by Green to adopt of Escort Ordinance No. 3565) of the July 1; 2002 regular
meetings of the City Council/Redevelopment Agency as written and on file in the Office of the
City Clerk. Submitted by the City Clerk.
(City Council) Approved City Council Position on Legislation Pending Before the State
Legislature, andlor Congress as Recommended by the City Council Intergovernmental
Relations Committee (640.90) — The City Council Intergovernmental Relations Committee has
reviewed the legislation, propositions, and ruling below and has recommended that the City
Council take a position on the following items, and authorized the Mayor to send letters to the
legislators reflecting the following approved positions: Oppose — HR 3673 (Saxton) - Revised
Standards for Marine Sanitation Devices; Support AB 2943 (Wiggins) - Seawall Permits --
Amends Coastal Commission Authority; Support AB 2308 (Chavez) — Resource Code — Solid
Waste.— Corrects Administrative Problem; and Authorize sending a letter in support of the
Coastkeeper's request for funding to do water quality monitoring; and
Authorize sending a letter in support of Orange County's request for funding under
Proposition Nos. 12, 13, and 40. Submitted by Counciimember Shirley Dettloff, Chairperson,
Intergovernmental Relations Committee on behalf of Mayor Debbie Cook and Council Member
Ralph Bauer. Funding Source: Not Applicable.
(City Council) Approved Two Reappointments of Diana Casey and Eveline Eng to the
Allied Arts Board (110.20) — Approved reappointments of Diana Casey and Evellne Eng to
the member -at -large openings on the Allied Arts Board for a second four-year term — June 1,
2002 — May 31, 2006 as recommended by City Council liaisons, Council Members Pam
Houchen and Shirley Dettloff. Submitted by the Community Services Department. Funding
Source: Not Applicable.
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July 15, 2002 - Council/Agency Minutes - Page 9
(City Council) Received and Filed the Mobile Home Advisory Board Annual Summary
Reports for the Years 2000 and 2001 (430.80) Received and Filed the Huntington Beach
Mobile Home Advisory Board Annual Summary Reports for the years 2000 and 2001 submitted
to Council pursuant to SA of the Bylaws of the Board. Submitted by the Economic
Development Director. Funding Source: Not Applicable.
(City Council) Approved 2001-2002 Annual Report — Huntington Beach Auto.Ddaler .
Business Improvement District (BID) and Adopted Resolution of Intention No. 2002-66 to
Levy an Annual Assessment for Fiscal Year 2002-2003 — Scheduled Public Hearing for
Monday, August 5, 2002 (460.30) —1. Approved the Huntington Beach Auto Dealers Business
Improvement District Annual Report for FY 200112002; and 2. Adopted City Council Resolution
No. 2002-66 — "A Resolution of the City Council of the City of Huntington Beach Declaring its
Intention to Levy an Annual Assessment for Fiscal Year 2002-03 to Fund Improvements within the
Huntington Beach Auto Dealers Business Improvement District;"and 3. Directed the City Clerk to
schedule a public hearing to be held on August 5, 2002, and send copies of the Resolution,
BID Boundary Map, and assessment formula to each business to be assessed. Submitted by the
Economic Development Director. Funding Source: Not Applicable.
(City Council) Authorized Additional Expenditure for Professional Plan Review Services —
Department of Building and Safety -- To Continue Professional Services Contract
Between City and CSG Consultants Inc. (600.10) - Authorized additional expenditure of
$30,000 for professional plan review services in the Department of Building & Safety.
Submitted by the Director of Building & Safety. Funding Source: Building & Safety Department
Contract Services Account - $30.000.
(City Council) Approved Amendment of,City Budget to Increase City Attorney's Legal
Services Account for Outside Legal Services Account (320.45) --Approved and authorized
the Administrative Services Director to appropriate $275,000 from the General Fund Balance to
the City Attor ey's Legal Services Account No. 10015301.69375 to fund the remainder of
anticipated costs for outside legal counsel for Fiscal Year 2001-2002. Submitted by the City
Attorney. Funding Source: General Fund, Unreserved/ Undesignated - $275,000.
(City Council) Awarded Three Contracts for Police Directed Towing and Storage Services
(Mandic Motors, Inc.) — (Metro Pro Road Service) - (Best Towing Service) - Refer to Page
No. 10 of these minutes after the Avery & Associates Item for Amended Motion. (600.10)
Approved the following three agreements for Police Directed Towing and Storage Services and
authorized the Mayor and for City Clerk to execute the agreements: 1. Agreement Between the
City of Huntington Beach and Mandic Motors for Police Directed Towing and Storage Services.
2. Agreement Between the City of Huntington Beach and Metro Pro Road Services, Inc. for
Police Directed Towing and Storage Services. 3. Agreement Between the City of Huntington
Beach and John C. Vaughan dba Best Towing Service for Police Directed Towing and
Storage Services. Submitted by the City Attorney and the Chief of Police. Funding Source:
None.
(City Council) Approved 2002I03 Proposed Budget -- West Orange County Water Board
(320.80) — Approved the 2002I03 West Orange County Water Board Budget in the amount of
$224,800. Submitted by the Director of Public Works. (Pursuant to Joint Powers Agreement
between cities of Huntington Beach, Garden Grove, Westminster, and Seal Beach. Funding
Source: Fiscal Year 2002-03 Water Fund Budget Account. The total proposed budget for the
WOCWB is $224,800. Huntington Beach's share for the Fiscal Year 2002-03 for the City of
Huntington Beach will be $83,297.
(10) July 15, 2002 - Council/Agency Minutes - Page 10
(City Council) Approved Four Reappointments of Pauline Chavez -Bent, William Daze, Jr.,
Henry Goldman, and Karl Wiebe to the Historic Resources Board (110.20) — Reappointed
Pauline Chavez -Bent, William Daze, Jr., Henry Goldman, and Karl Wlebe as members -at -
large on the Historic Resources Board for a second four-year term to expire June 30, 2006 as
recommended by Council Liaisons Mayor Debbie Cook and Council Member Peter Green.
Submitted by the Community Services Director. Funding Source: Not Applicable.
(City Council) Approved Professional Services Contract with Avery & Associates for
Executive Recruitment Services for Information Systems Director (600.10) Authorized the
Director of Administrative Services to enter into a professional services contract with Avery &
Associates for executive recruitment services for the position of Director of Information Systems.
Submitted by the Administrative Services Director. Funding Source: Fiscal Year 2001/2002 —
Non -Departmental, Recruitment Professional Services — $22,000.
(City Council) Awarded as Amended Per City Attorney's Late Communication Three
Contracts for Police Directed Towing and Storage Services — (Mandic Motors, Inc.) —
(Metro Pro Road Service) - (Best Towing Service) (600.10)
City Clerk Connie Brockway requested a motion and a second to approve the three above -
captioned agreements as amended by the City Attorney's Late Communication.
A motion was made by Boardman, second Green to approve as amended (by a Late
Communication from the City Attorney's Office dated July 15, 2002 transmitting revised Page No.
1 to each of the Tow Operator Agreements) the following three agreements for Police Directed
Towing and Storage Services and authorized the Mayor and for City Clerk to execute the
agreements: 1. Agreement Between the City of Huntington Beach and Mandic Motors for Police
Directed Towing and Storage Services. 2. Agreement Between the City of Huntington Beach and
Metro Pro Road Services, Inc, for Police Directed Towing and Storage Services. 3. Agreement
Between the City of Huntington Beach and John C. Vaughan dba Best Towing Service for
Police Directed Towing and Storage Services. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Resolution No. 2002-67 Approving the Submittal of Four Projects
to the Orange County Transportation Authority for Funding Under the Arterial Highway
Rehabilitation Program (AHRP) (800.40)
The City Council considered a communication from the Director of Public Works to adopt
Resolution No. 2002-67 approving the submittal of four projects to the Orange County
Transportation Authority for funding under the Arterial Highway Rehabilitation Program (AHRP).
Council Member Bauer requested that this agenda item be removed from the Consent Calendar
to state how the poor conditions of the streets, which he named from the list on the agenda: 1.
Warner Avenue (Graham to Springdale); 2. Warner Avenue (Bolsa Chica to Graham); 3.
Brookhurst Street (Indianapolis to Meredith); and 4. Warner Avenue (Algonquin to Sims), will
be improved by the AHRP grant funds.
July 15, 2002 - Council/Agency Minutes - Page 11
A motion was made by Bauer, second Winchell to Adopt Resolution No. 2002-61 - "A
Resolution of the City Council of the City of Huntington Beach Approving the Submittal of Four
Improvement Project(s) to the Orange County Transportation Authority for Funding Under the
Arterial Highway Rehabilitation Program." The motion carried by the following roll call vote:
AYES: Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None (Green out of room)
(City Council) Awarded Bid and Approved Construction Contract for the Urban Runoff
Diversion, CC-1181 to SRD Engineering, Inc. - For Five Storm Drain Pump Stations
(600.10)
Council Member Bauer requested that this agenda item be removed from the Consent Calendar
to call attention that the City of Huntington Beach is continuing to focus on urban runoff
diversion improvements to reduce the amount of debris and other pollutants that would
otherwise reach the ocean and coastal waters. He commended the Public Works Department
for the success of the projects.
A motion was made by Bauer, second Winchell to 1. Accept the lowest responsive and
responsible bid submitted by SRD Engineering, Inc. in the amount of $73,800 for Urban Runoff
Diversion, CC-1181; and 2. Authorize the Mayor and City Clerk to execute a construction
contract in substantially the same form as the attached sample contract. The motion carried by
the following roll call vote:
AYES: Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Green out of room
(City Council) Adopted Resolution No. 2002-70 for Capital Improvement Programs for
Compliance with Measure M Requirements - Fiscal Years 2002/2003 through 2008-2009
(320.40)
Council Member Bauer requested that this agenda item be removed from the Consent Calendar
to inform voters that Measure M funding is an important source of revenue for street
improvements and public works projects.
A motion was made by Bauer, second Winchell to Adopt Resolution 2002-70 - "A Resolution of
the City Council of the City of Huntington Beach Adopting Capital Improvement Programs for
the Years 2300212003 Through 200812009 for Compliance with Measure M Requirements"
The motion carried by the following roll call vote:
AYES: Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Green out of room
(12) July 15, 2002 - Council/Agency Minutes - Page 12
(City Council) Approved to Exercise the Option Agreement to Purchase Site No. 2 from
AES Huntington Beach Development, Inc. — Reservoir Booster Pump Station (600.10)
The City Council considered a communication from the Director of Public Works and the
Director of Administrative Services regarding the City's Option Agreement to purchase one of
two 4.5-acre parcels owned by AES Huntington Beach Development, Inc. (AES) for the purpose
of constructing a 10 million gallon reservoir and booster pumping station. The Option
Agreement expressly states that the property to be purchased will be in an "AS IS" condition.
Director of Public Works Robert F. Beardsley introduced Tom Rulla, Principal Civil Engineer, who
gave a PowerPoint presentation from a Late Communication dated ,duly 15, 2002 titled Option
Agreement to Purchase Site No. 2 from AES — 4.5 Acre Parcel for 10 MG Reservoir and Booster
Pumping Station. Director Beardsley referred Council to the wall diagram showing the location of
Site No. 2.
Mayor Pro Tern Boardman expressed concerns regarding the nonexclusive easement on the
property and the mechanics lien. Amy Bodek, Real Estate Manager, responded that AES and
the Southern California Edison Company, are required to remove the easement and the City
would not close escrow until the mechanics lien is removed.
Council Member Bauer inquired regarding acquisition and demolition costs. Council Member
Bauer was informed by Mr. Rulla as to the potential cost to the City to restore the site and
Poseidon's role in the matter.
City Administrator Silver informed Council that this is the last reservoir in the City's master plan
and it is needed for the water supply in the South East area, such as in the event of a drought.
A motion was made by Dettloff, second Green to:
Authorize the Mayor and City Clerk to exercise the Option Agreement with AES
Huntington Beach Development, Inc. for the purchase of Site No. 2_
and
2. Authorize and direct the Manager of Real Estate Services to incorporate appropriate
instruments to prepare, file and record all necessary documents, obtain title
insurance and perform all other requirements necessary to record with the County
the conveyance of said property to the City to complete the purchase as previously
authorized by City Council action on August 13, 2001; and protect the City against all
mechanics liens and SCE operation easement against said property.
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(13)
July 15, 2002 - Council/Agency Minutes - Page 13
(City Council) Adopted Resolution No. 2002-69 To Establish a Huntington Beach
Hotel/Motel Business Improvement District - Scheduled Public Hearing for
August 5, 2002 (350.30)
The City Council considered a communication from the Economic Development Director
regarding the initiation of the process to form a Business Improvement District for all hotels and
motels in Huntington Beach to achieve the goal of promoting the City as an overnight
destination without increasing the City's annual contract amount with the Conference & Visitors
Bureau. The establishment of a Business Improvement District requires approval by the City
Council as set forth by state law.
David Biggs, Economic Development Director presented a PowerPoint slide show dated July
15, 2002 and titled Huntington Beach HotetlMotel Business Improvement District, which had
been announced earlier by the City Clerk as a Late Communication.
A motion was made by Bauer, second Green to Adopt Resolution No. 2002-69 — "A Resolution
of the City Council of the City of Huntington Beach Indicating the City's Intention to Create and
Establish a Business Improvement District ("Bid'), Called the "Huntington Beach Hotel/Motel
Business Improvement District," Concerning All of the Hotels and Motels Located Within the
City, and Setting a Public Hearing Date of August 5, 2002, to Formally Establish Said Business
Improvement District and to Levy Assessments."
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Approved Agreement Between City and Gail C. Hutton, an Individual, for
Early Retirement and Provision of Transitional Consultant Legal Services — Council
Member Bauer to Submit Council Memo at the August 5, 2002 Meeting Re: City Attorney
Appointment From October 1, 2002 to December 1, 2002 (600.10)
The City Council considered a communication from City Attorney Gail C. Hutton transmitting for
Council approval an agreement between the City of Huntington Beach and Gail C. Hutton, an
Individual, for early retirement and provision of transitional consultant legal services. City Attorney
Gail C. Hutton's term of office expires December 2, 2002. Proposed early retirement date
is September 30, 2002.
Council questioned what options the City has when the office becomes vacant on September
30, 2002,
Assistant City Attorney Paul D'Alessandro responded by reporting on the charter provisions
when a vacancy occurs in an elective city office.
Considerable discussion held regarding aspects of the matter.
Council Member Bauer expressed his intent to submit a Council Memo at the August 5, 2002
meeting relative to the matter of recruiting for appointment to the anticipated vacancy in the
elective office of the City Attorney.
(14)
July 15, 2002 - Council/Agency Minutes - Page 14
Discussion followed as to the feasibility of conducting City Council interviews for the
appointment of the City Attorney.
City Administrator Silver stated his need to have one individual only in the City Attorney's Office
he can access for recommendations. He presented his three recommended alternatives.
City Clerk, Connie Brockway, brought Council's attention to the fact that the City Charter does
not provide for an acting City Attorney, nor "acting" in any elective city office; that such elective
office can remain vacant for no longer than 60 days at which expiration of time an election must
be called immediately, or a Council appointment to the elective office is made --not an acting
appointment. Also in the interim, the City Attorney's salary can be paid to the City employee's
classification which is currently designated to assume the work in the absence of the elective
department head.
Mayor Cook cautioned that discussion should proceed to an agendized item as Council may be
in violation of the Brown Act.
A motion was made by Bauer, second Green to approve Agreement Between the City of Huntington
Beach and Gail C. Hutton for Early Retirement and Provision of Transitional Consultant Legal
Services and authorize the Mayor to execute and the City Clerk to attest to the agreement.
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Approved Introduction of Ordinance No. 3566 to Eliminate the Time Limit
on the Establishment of Loans, Advances and Indebtedness for the Huntington Beach
Redevelopment Project (410.05)
After the City Clerk read by title, a motion was made by Green, second Dettloff to approve
introduction of Ordinance No. 3566 — "An Ordinance of the City of Huntington Beach
Eliminating the Time Limit on the Establishment of Loans, Advances and Indebtedness for the
Huntington Beach Redevelopment Project." The motion carried by the following roll call vote:
AYES: Green, Dettloff, Houchen, Winchell, Bauer
NOES: Boardman, Cook
ABSENT: None
(City Council) Approved Introduction of Ordinance No. 3567 Amending Chapter 1.16 of
the Municipal Code Relating to Penalty Enforcement (640.10)
After the City Clerk reads by title, a motion was made by Green, second Dettloff to approve
introduction of Ordinance No. 3567 "An Ordinance of the City of Huntington Beach Amending
Chapter 1.16 of the Huntington Beach Municipal Code Relating to Penalty Enforcement."
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(15)
July 15, 2002 - Council/Agency Minutes - Page 15
(City Council) Approved Legal Review of Draft Ordinance Regarding Banner Towing
Aircraft (640.10)
Communication from Mayor Pro Tern Connie Boardman transmitting the following Statement of
Issue: I have received numerous complaints from residents in the coastal areas of our city as
well as from the area around Golden West College about the noise caused by the planes towing
advertising banners. Until recently, it was believed that there was little the city could do to
control these aircraft over our city. However, earlier this year the United States 9t' Circuit Court
of Appeal ruled that cities may regulate aerial advertising.
The City Attorney's Office has prepared a draft ordinance based on the Honolulu, Hawaii
ordinance, which was upheld by the 9 h Circuit Court. If the City Council is interested in
considering such an ordinance, the draft ordinance needs final legal review by the City
Attorney's office and approval by the City Council.
Discussion was held regarding the potential cost of code enforcement, the impact on
neighboring cities, and the method of citation.
Police Chief Ronald E_owenberg stated that additional research needs to be done to evaluate the
impact of such an ordinance.
Council Member Bauer stated cost reasons for his opposition to the proposal and the lack of
urgency to act on the matter.
A motion was made by Boardman, second Green to forward the attached draft ordinance for
final legal review and subsequent request for action by the City Council. The motion carried by
the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Wincheli
NOES: Bauer
ABSENT: None
Adjournment — City Council/Redevelopment Agency
Mayor Cook adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to Monday, August 5, 2002, at 5:00 p.m., in Room B-8 Civic Center, 2000
Main Street, Huntington Beach, California.
ATTEST:
City Clerk -Clerk
d*W,�
City Clerk and ex-officio Cler f the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
Mayor -Chairman