HomeMy WebLinkAbout2002-08-05 (6)Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, August 5, 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, Houchen, Winchell, Bauer
Absent: None
(City Council/Redevelopment Agency) Study Session — Community Services Update —
Presentation Made by Jim Engle, Deputy Director Community Services / Beaches /
Recreation Development Re: Capital Improvement Program Projects Including Phase I
and II Beach Improvements, Park Improvements, and New Funding Opportunities
(320.40)
Jim Engle, Deputy Director Community Services/Beaches/ Recreation Development gave a
PowerPoint presentation titled Community Services Projects, which is included in the agenda
packet. The PowerPoint report included (1) Beach Maintenance Facility; (2) Huntington Central
Park Sports Complex (HCP); (3) South Beach Improvements Phases I & II; (4) Tot Lot
Replacement Equipment & Park Play Equipment Replacement; (5) Rodgers Senior Center; (6)
Murdy Park — Edison Park/Kettler; (7) Waterfront Cabana & South Beach Concession Facelifts; (8)
Law Enforcement Training Center; (9) Dog Park Relocation; (10) Hansen Recycling Center — Future
Funding Options.
Community Services Director Rod Hagan reviewed other Community Services Department projects
such as the Hansen Recycling Center, Dog Park Relocation and Waterfront Cabana/Concession
Improvements.
Councilmember Green inquired about the $18 million for the HCP (Huntington Central Park) Sports
Complex. Community Director Hagan replied that approximately $14 million is for the site
preparation, landfill clean-up and mitigation.
Mayor Cook asked if the Hansen Recycling Center were to move to the old Police gun range site
what would happen to the proposal that the Dog Park be relocated to this site. Community Services
Director Hagan informed Council that a staff proposal will be brought to Council this fall with a plan
to move Hansen Recycling Center to the old police gun range site. He informed Council that
Hansen Recycling Center would pay for the clean-up, and in addition relocate Dog Park to the old
police gun range site.
(2) August 5, 2002 - Council/Agency Minutes - Page 2
Mayor Pro Tern Boardman asked what would prevent Hansen Recycling Center from moving if the
City increases Hansen Recycling Center's rent to market rates. Community Services Director
Hagan informed Council that the market demand in the Orange County area would discourage
Hansen Recycling from moving.
Motion to Recess to Closed Session — Approved
A motion was made by Boardman, second Dettloff 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 54956.8 to give
instructions to the city's negotiators, Amy Bodek, Real Estate Manager regarding negotiations
with bidders Leopoldo & Amparo Arroyo and Sandra and Albert Valdez, Sharon &
Norman I. Harbolt, Jr. and Hsing Chuan & Chen Chu; Brian and Barbara Sullivan;
Robert J. Koury; Michael R. Levy concerning the purchase/sale/exchange/lease of the
property located at 438 Main Street, Huntington Beach. Instruction will concern both price and
terms of payment. Subject: Property at 438 Main Street. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding litigation which has been initiated formally and to which the city is a
party. The title of the litigation is Department of Fair Employment and Housing v. City of
Huntington Beach [Real Party in Interest: Jeffrey Renna]; Orange County Superior Court Case
No. 01 CC09578. Subject: Department of Fair Employment and Housing v. City of
Huntington Beach. (120.80)
(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; Ronald Hagan, Director of
Community Services; and Steven M. Berliner, Esq. of Liebert Cassidy Whitmore regarding
labor relations matters — meet and confer with the following employee organizations:
HBMEA, HBMEO, and SCLEA. Subject: Labor Relations — Meet & Confer. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council
Chambers.
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Cook asked City Attorney Gail Hutton if there were any actions taken by the City Council or
Redevelopment Agency in Closed Session that required a reporting. City Attorney Hutton
responded that there were no actions to report.
City Council - Redevelopment Agency Roll Call
Present: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
Absent: None
(3) August 5, 2002 - Council/Agency Minutes - Page 3
Flag Ceremony/Pledge of Allegiance) — Boy Scout Troop 558, Marine View Middle School
and Spring View Middle School. Patrol Leader Eric Freeman.
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:
A communication via City Administrator Ray Silver to the Mayor and City Councilmembers
dated August 2, 2002 from Ronald Lowenberg Chief of Police titled Proposed Sale of Shank
House.
Slide show presentation dated August 5, 2002 from Shari Freidenrich, City Treasurer, titled June
Treasurer's Report.
Slide show presentation dated August 5, 2002 from the Fire Department titled Proposed Adoption of
New Emergency Medical Service User Fees.
Communication dated August 5, 2002 from the Economic Development Department transmitting a
PowerPoint presentation titled Public Hearing for the Issuance of Multifamily Housing Revenue
Bonds for Huntington Village Senior Apartments. Communication titled Late Communication for
Agenda Item D-3.
Slide show presentation dated August 5, 2002 from the Building & Safety and Fire. Departments
titled Proposed Adoption of New Fees.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on August
5, 2002 titled Zoning Text Amendment No. 02-01— Wireless Communication Facility Ordinance.
Communication dated August 5, 2002 from the Economic Development Department transmitting a
PowerPoint presentation titled Approval of 200212003 Action Plan for CDBG and Home Programs —
Public Hearing Item D-6 — August 5, 2002. Communication titled Late Communication — Item D-6.
Communication dated August 5, 2002 from the Economic Development Department submitting
two spreadsheets reflecting historical funding data for the Community Development Block Grant
(CDBG) Program titled City of Huntington Beach — Community Development Block Grant
Program Late Communication Item D-6.
Communication dated August 5, 2002 from the Economic Development Department transmitting a
PowerPoint presentation titled Huntington Beach Hotel/Motel Business Improvement District —
August 5, 2002 — Agenda Item D-7. Communication titled Late Communication — Item D-7.
Communication dated August 5, 2002 from G. Victor Leipzig urging Council to select a later date on
which to hold the election and to direct the City Attorney to conduct a thorough legal analysis of the
proposed charter amendment.
Communication dated August 5, 2002 from Mark Bucher, Attorney at Law, commenting on a
communication received by Nossaman, Guthner, Knox & Elliott, LLP. Communication titled Agenda
Item F-3 and John Erskine Letter Dated July 31, 2002.
(4) August 5, 2002 - Council/Agency Minutes - Page 4
Communication dated August 5, 2002 from Gino J. Bruno transmitting concerns relating to the
proposed charter amendment. Communication titled Agenda Items F-3, et.seq.
The Following Additional Late Communications Were Submitted During the Meeting:
Communication from the community Services Director dated ly 26, to staff report onr a Public City
Administrator Ray Silver and handed to the City Clerk Just prior
Hearing item. Said communication titled August
2002 Public
Advisory Recommendations.
Impacts, Staff Recommendations Vs CitizensParticipation
The Mayor announced the passing of MikeAb be deeply a wonderful person and businessman
who contributed much to the City and who
\
Presentation by May Cook to Don MacAllister,massador'ng for HBnlnternat International Surfing, er of the HB International
a "Duke
Surfing Museum; and Ann Beasley, World Ambassador
he Duke Paoa Kahanamoku stamp, for his
Stamp Proclamation" celebratingissuance
his love of Hunting Beach On August 25, 2002 the
contributions to the world of Surfing
andHB International Surfing Museum will celebrate t� 2Second002. (160.40)Day
of Is
event. The "First Day
of Issue" will be in Hawaii on Saturday, August 2
Presentation to Mayor Debbie Cook and Robert F.nBeaardsley,WatDirector,
ir District t of Orange Works,
bty, of
Director Joan Finnegan, Division Four Director,Puncil in
the MWDOC 50th Anniversary Commemoratives ster to the eland its ongoing �ooperativehe
City of Huntington Beach for its local water management efforts
relationship with MWDOC. (160.40)
Public Comments
t, LLP, referred to
John Erskine Attorney for the law office of Noshe age, da t acket. He er, Knox in informed Council that based
letter dated July 31, 2002, which is included m the agenda p suggested
on his analysis, there are legal defects in the t the validit of the measure should be reviewed.proposed charter amendment. Mr. Erskine
that before an election on this amendmen Y
Benjamin Pugh informed Council that he is a Civil
Attorny and
ect'e issue. Mr. reviewed
Mr.referred toErskine's
letter
and disagrees with his analysis mainly the "single Jby the city
Communication from Mark W. Bucher Attorneyan
Hunfidngtonl Beach should hlave the right
disputing Mr. Erskine's letter. He stated that the citizens
to vote and to put the (Fair Distribts) Charter Amendment on the November 2002 ballot.
Joseph Jeffrey requested Council to adopt Resolution erefereed to Mark
No. place the
W. Bucherair LDistricts)
Charter Amendment on the November 5, 2002 ballot. He issues ate Communication announced earlier by the City Clerk, which wered in detail and the tizens havoe a right
forth by Mr. Erskine's letter. Mr. Jeffrey stated that thisis a fa petition
to vote on how they are represented.
J. Devin Dwyer asked Council to adopt Resolution Noletter .2002-7 . H statedr. in stated that the
s opinion that the
letter Mr. Erskine wrote is misleading and Mr. Bucher
voters should decide on November 5, 2002, as a special election would cost the taxpayers money.
(5) August 5, 2002 - Council/Agency Minutes - Page 5
Michael Guest informed Council that he favors and collected signatures for the Fair District
Initiative and requested that it be put on the November 5, 2002 ballot.
Matthew Harper informed Council that he is a trustee of Huntington Beach Unified High School
District (HBUHSD) and was involved in collecting signatures for the (Fair Districts) Charter
Amendment. He asked Council to allow the people the right to vote on the (Fair Districts) Charter
Amendment and put it on the November 5, 2002 ballot.
Ron Shenkman informed Council that he is a member of C.A.P.P. (Citizens Against Power
Politics). Mr. Shenkman stated that Councilmember Ralph Bauer is not a leader nor a member in
this organization as indicated in Mr. Bucher's letter. He read from a copy of the Campaign
Disclosure Form 460 filed by the Neighborhood Citizens for Fair Districts showing $81,000 cash
contributions as of June 30, 2002. He urged Council to delay putting the charter amendment
proposal on the ballot and allow time to evaluate the proposed measure.
George Mason voiced his concern regarding the (Fair Districts) Charter Amendment. He stated
that in his opinion this charter amendment proposal clearly violates the "single subject" rule. He
strongly recommended that Council delay action to allow time for the legality of this proposed
charter amendment to be determined.
Mayor Cook confirmed with the City Clerk that campaign disclosure Form 460 for all campaign
committees are available to the public and on file in the City Clerk's office.
Public Comments resumed
Linda Moon, President of Amigos de Bolsa Chica, informed Council that she agrees with Mr.
Erskine's letter. She stated that the proposed charter amendment needs thorough legal review,
and that the city needs more not fewer to represent the citizens. Ms. Moon stated that the citywide
election of councilmembers gives citizens representation by all Councilmembers and that districting
would limit the individual to only one Council representative.
Tom Livengood, member of Citizens Against Power Politics (C.A.P.P.), stated his concern about
the potential legal issues which he believes the proposed charter amendment contains. Mr.
Livengood recommended that Council place this measure on the March 2004 ballot and establish a
charter revision committee to review the legality of the proposed amendment as well as to better
inform the citizens.
John Scott informed Council he is a member of C.A.P.P (Citizens Against Power Politics) and
requested that the proposed charter amendment be referred to the City Attorney or outside counsel
to review any legal issues. Mr. Scott stated that this (Fair Districts) Charter Amendment should be
accurate when presented to the voting public.
Jill Hardy spoke in opposition to the proposed charter amendment. Ms. Hardy said that a City of
our size needs seven councilmembers. She stated by reducing Council from seven to five
members would also reduce the membership on some City boards and commissions as well. Ms.
Hardy stated that districting means less individual representation. She urged that all legal issues
should be addressed before going on the ballot.
Topper Horack spoke in opposition to the proposed charter amendment. He voiced his opinion
that reducing the Council to five members would mean reducing the Planning Commission to five.
Mr. Horack stated that districting reduces an individual's representation and the option to speak with
the other councilmembers to get his voice heard.
(6) August 5, 2002 - Council/Agency Minutes - Page 6
Dave Sullivan voiced his concern with the proposed charter amendment regarding the "single
subject rule. He urged Council to take responsible action and refer to legal authority to answer
questions regarding this measure before putting it on the ballot.
Ed Kerins stated he has serious issues regarding the validity of the proposed charter amendment
as it relates to possible violation of the "single subject" rule. He opposed districting as it will reduce
the voter's ability to vote for seven councilmembers; limiting a voter to vote for only one from their
district.
Brian Rechsteiner spoke in opposition of the proposed charter amendment stating that if council
membership is reduced to five councilmembers, it would mean the City could be run on three votes.
re Rechsteiner stated his atedithat the City needs seven that he proposed measure needsrto be looked at very careembers elected fde ully efully as
represent the voters. He s P
to understanding what is being proposed.
Bruce Peotter informed Council he is an attorney for the Fair Districting Initiative Committee
ion
and stated that it is d the issueb to solely certify this when the a ection is totsignatures
be held based on his legal opinion the ballot. He state the
measure should be placed on the November 5, 2002 ballot.
Gerald Chapman member of C.A.P.P. (Citizens Against Power Politics) stated that the voters who
signed the proposed charter amendment deserve its placement on the ballot but time is needed to
look into potential problems. Mr. Chapman stated that the March 2004 election meets the
requirement of the law.
Paul Honcan stated he was not a member of C.A.P.P. (Citizens Against Power Politics) but would
like to be one. He spoke in opposition of the (Fair Districts) Charter Amendment and believes the
matter should be placed on the March 2004 ballot.
Norm Westwell informed Council that he is planning to run for City Council. He stated that
although he may not agree with the charter amendment measure the voters have signed the
petition to put this issue on the ballot. Mr. Westwell stated that the public needs to be educated on
how this measure will take away representation.
Dick Harlow informed Council that he is a member of C.A.P.P. (Citizens Against Power Politics).
He stated the citizens need to know if the (Fair Districts) Charter Amendment is free from legal
issues or if it could be overturned in the courts if passed. Mr. Harlow urged Council to review this
measure before putting it on the ballot.
Debbie Borden objected to the absence of the Invocation from the Agenda. Ms. Borden offered
the invocation.
Joey Racano outlined his vision for the future of Huntington Beach such as regionalization of Fire
Department services, improved citywide recycling, improved transportation for seniors and his
opposition to the Fair Districting Initiative.
Renee Demers, Project Self -Sufficiency member, urged Council not to reduce the funding for this
wonderful program.
(7) August 5, 2002 - Council/Agency Minutes - Page 7
Bill Orton informed Council he is running for Assembly. He showed a brief video of the Bolsa
Chica Mesa and urged residents to contact Assemblyman Tom Harman and urge his vote for the
State Budget to save the Bolsa Chica Upper Mesa Project.
Wayne LaVigne informed Council he is the President of What A Lot of Pizza and spoke against
prohibiting banner towing airplanes.'
Steve Bone spoke in opposition to the (Fair Districts) Charter Amendment. He stated that a city of
200,000 needs all of the representation and diversity seven councilmembers can bring.
Josh Rosenbaum objected to the amount of income to which a person is restricted, in order to
qualify for homes sold under the affordable housing provisions.
Don McGee spoke in opposition to the banner towing airplanes.
Mark Porter informed Council he was on the original 1965 Charter Revision Committee and at that
time the council membership was increased from five to seven. He stated his belief that there are
legal issues involved in the proposed charter amendment that should be looked into.
Jim Martin expressed his appreciation for the agenda item relative to the traffic signal at Beach
Boulevard at Taylor Drive, which he stated was needed due to accidents at that location. Mr. Martin
asked Council to spend time on the proposed charter amendment stating that it is time for a review
of the City Charter.
Councilmember Bauer = Response to Public Comment
Councilmember Bauer responded to a speaker who referred to him as a power broker. He read
from an article titled AES Pushes for Friendlier Sun` City published in the May 18, 2002 Orange
County edition of the Los Angeles Times.
(City Council) Declared Parcels as Amended as Surplus Property and Directed Staff to
Return to the Council/Redevelopment Agency for Appropriate Action at a Date Uncertain
(650.70)
The City Council considered a communication from Mayor Pro TemNice Chair Connie
Boardman on behalf of the Economic Development Committee transmitting that in December
2001, staff prepared a comprehensive inventory of all property owned by the City of Huntington
Beach and the Redevelopment Agency. The majority of the parcels are improved for public
purposes, such as the Civic Center complex, parks, beaches, water reservoirs, well sites and
other public facilities. There are, however, a number of parcels that are either vacant or
underutilized.
At the July 8, 2002 Economic Development Committee (EDC) meeting, staff presented a list of
13 properties for consideration and review. Committee members in attendance were, myself,
Councilmember Houchen, and Councilmember Winchell.
The attached list identifies EDC's recommendations on each of the 13 properties. From this list,
EDC unanimously recommends that the four following properties be considered for surplus and
ultimate sale:
(8)
August 5, 2002 - Council/Agency Minutes - Page 8
Owner Locations
RDA 438 Main Street
RDA 200-204 Fifth Street (Shank House)
City Parcel at Center/Huntington Village Way
City Emerald Cove
Est. Value
$735,000
$585,000
$185,000
$3,000,000
$4,505,000
EDC further recommended that the Shank House be considered for surplus only if its historic
status could be protected through covenants, restrictions or other mechanisms. The EDC would
not support the Shank House being declared surplus if the building could later be torn down for
future development.
The EDC was unanimous in its belief that the appraised values assigned to the surplus
properties were below today's current market values, particularly for the properties located in
the Downtown.
lus, stff
l finalize the
If the City Council grants approval
aand when seek additionaleclare these four roperties City Council pauthora atioln to proceed
necessary background research
with an actual sale.
Mayor Pro Tern Boardman stated that in her opinion the estimated values of these four
properties were too low, she expressed her concern that the Shank House be protected and not
destroyed.
City Administrator Ray Silver said that he would bring back the second tier phase list of surplus
properties. He informed Council that staff is working on a property -by -property basis.
Council voiced concerns regarding 1.) the need for police presence in the downtown area; 2.)
the need to revise estimated values; and 3.) to bring Emerald Cove rents up to Federal
Affordability Standards.
Police Captain Jon Arnold reported at the request of Council, regarding the importance of the
downtown police substation at the Shank House.
A motion was made by Green, second Bauer to approve the Recommended Action as
amended to use commercial brokers and to direct the City Attorney's Office to prepare the
appropriate resolutions to declare the following properties (except Shank House) as surplus: (1)
438 Main Street (2) Parcel at Center/Huntington Village Way (3) Emerald Cove; and direct staff
to return to the City Council with separate resolutions and requests for action at the appropriate
time with direction on Emerald Cove that commercial brokers know that rent of senior units can
be brought up to the full restricted rent for low income and very low income seniors; that rents
would remain same for current senior residents; also that an alternative to a police substation at
the Shank House will be explored.
Councilmember Winchell requested and Council concurred that a report be presented on the
income level of all seniors currently residing at Emerald Cove.
(9) August 5, 2002 - Council/Agency Minutes - Page 9
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's June 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 June 2002.
Treasurer Freidenrich presented the PowerPoint slide report announced as a Late
Communication earlier in the meeting by the City Clerk.
A motion was made by Green, second Houchen to review and accept the monthly report. Following
review of the report, by motion of Council, accept the Monthly Investment Report Summary of
Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for June 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
(City Council) Opened and Continued to August 12, 2002 at 4:00 P.M. to Consider
Adoption of Resolution No. 2002-71 Relating to the City's FireMed Emergency Medical
Services Cost Recovery Fee Schedule (340.20)
A motion was made by Houchen, second Cook to continue to an adjourned meeting to be called
for August 12, 2002 at 4:00 p.m., consideration of the adoption of Resolution No. 2002-71
amending Resolution No. 97-54 titled "A Resolution of the City Council of the City of Huntington
Beach Setting Advanced Life Support, Basic Life Support, Emergency Ambulance
Transportation, Medications and Specialized Supply Fees to be Charged by the Fire Department
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 e
ABSENT: None
(City Council) Opened and Continued to August 12, 2002 at 4:00 P.M. to Consider
Approval of Revised Comprehensive Fee Schedule for the Building and Safety and the
Fire Departments and Automation Fee for all Development and Business License Service
Fees — Adopt Resolution No. 2002-75 (340.20)
A motion was made by Houchen, second Cook to continue to an adjourned meeting to be called
for August 12, 2002 at 4:00 p.m. consideration of the adoption of Resolution No. 2002-75 —A
Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159
Entitled, `A Resolution of the City Council of the City of Huntington Beach Establishing a Fee
Schedule,' and Specifically Establishing New Development and Business License Service Fees
(Supplemental Fee Resolution No. 88)."
(10) August 5, 2002 - Council/Agency Minutes - Page 10
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Public Hearing Held - Adopted Resolution No. 2002-72 — Approved Annual
Assessment for Fiscal Year 2002-2003 to Fund Improvements Within Huntington Beach
Auto Dealers Business Improvement District (BID) (460.30)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
Public hearing pursuant to Resolution of Intention No. 2002-66 adopted on July 15, 2002 to hear
all interested persons for or against the continuation of the Huntington Beach Auto Dealers
Business Improvement District (BID) Assessment and the furnishing of specified types of
improvements or activities. Said hearing is for the purpose of hearing all interested persons for
or against levying of the assessment, and the furnishing of specified types of improvements or
activities. Protests may be made orally or in writing; but, if written, shall be filed with the City
Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify
business ownership and validate the particular protest. If written protests are received by the
owners of businesses within the District, which will pay 50% or more of the total assessments to
be levied, no further proceedings to levy the proposed assessment shall be taken for a period of
one year from the date of the finding of a majority protest by the City Council. If the majority
protest is only against the furnishing of a specified type or types of improvements or activity
within the District, those types of improvements or activities shall be eliminated.
Fiscal Year 2002-2003 dealer assessments are based upon $815/month for each of the 13
member dealers. The Huntington Beach Auto Dealers Association is the Board of Directors for
the BID and they propose assessments for the BID for City Council review and approval. The
Huntington Beach Auto Dealers Association unanimously approved the 2002-2003 BID budget
at their June 2002 meeting.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Mayor Cook declared the public'hearing open.
As there were no persons present to speak on the matter and there were no protests filed,
either written or oral, the Mayor Cook declared the public hearing closed.
A motion was made by Dettloff, second Green to Adopt City Council Resolution No. 2002-72 -
"A Resolution of the City Council of the City of Huntington Beach Approving an Annual
Assessment for Fiscal Year 2002-2003 to Fund Improvements within the Huntington Beach
Auto Dealers Business Improvement District." The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(11) August 5, 2002 - Council/Agency Minutes - Page 11
(City Council) Public Hearing Held - Adopted Resolution No. 2002-73 Approving Issuance
by the California Statewide Communities Development Authority of Multi -Family
Affordable Housing Revenue Refunding Bonds — Village Senior Apartments (to be
Renamed Heritage Park at Huntington Beach) 16171 Springdale Street —114 Units —
Huntington Beach Heritage Park, L.P., Owner and Operator (330.30)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
Public hearing as required by Section 147(f) of the Internal Revenue Code of 1986, at which the
City Council of the City of Huntington Beach will hear and consider information concerning the
proposed issuance by the California Statewide Communities Development Authority of
multifamily housing revenue bonds in an aggregate principal amount not to exceed $10,000,000
to finance the acquisition and rehabilitation of an 114-unit multifamily rental housing project
located at 16171 Springdale Street, Huntington Beach, California, and generally known as
Huntington Village Senior Apartments, which is to be renamed Heritage Park at Huntington
Beach (the "Project"). The Project will be owned and operated by Huntington Beach Heritage
Park, L.P., a California limited partnership, or affiliated entities.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Director Economic Development David Biggs gave a PowerPoint presentation from a Late
Communication titled Public Hearing for the Issuance of Multifamily Housing Revenue Bonds for
Huntington Village Senior Apartments.
Mayor Cook declared the public hearing open.
The City Clerk restated for the record, the following Late Communication that pertained to this
public hearing.
Communication dated August 5, 2002 from the Economic Development Department transmitting a
PowerPoint presentation titled Public Hearing for the Issuance of Multifamily Housing Revenue
Bonds for Huntington Village Senior Apartments. Communication titled Late Communication for
Agenda Item D-3.
As there were no persons present,to speak on the matter and there were no protests filed,
either written or oral, the Mayor Cook declared the public hearing closed.
A motion was made by Green, second Dettloff to Adopt Resolution No. 2002-73 —A
Resolution of the City Council of the City of Huntington Beach Approving the Issuance of
Multifamily Housing Revenue Bonds by the California Statewide Communities Development
Authority." The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Winchell, Bauer
NOES: None
ABSENT: None (Houchen out of room)
(12) August 5, 2002 - Council/Agency Minutes - Page 12
(City Council) Public Hearing Held -Approved Zoning Text Amendment No. 02-01
Commercial, Industrial and Residential
Wireless Communications Facilities (Various
Districts) — Approved Introduction of Ordinance No. 3568 Amending Chapter 230 (Site
Standards) of the Huntington Beach Zoning and Subdivision Ordinance (450.20)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
Applicant: City of Huntington Beach
Request: To amend Chapter 230 (Site Standards) of the Huntington Beach Zoning and
Subdivision Ordinance (HBZSO) to establish wireless communication facility development
regulations. The request includes amending various sections of the HBZSO as it pertains to
definitions and permitting wireless communications facilities in various districts (residential,
commercial, industrial, etc.).
Location: Citywide
Environmental Status: Notice is hereby given that this item is categorically exempt from the
provisions of the California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Mayor Cook declared the public hearing open.
Assistant Planner Jason Kelley presented a slide show subme dment No. 02-01 o tted as a Late muni ation
announced earlier by the City Clerk titled Zoning Text A
Communication Facility Ordinance.
Prior to announcing the public speakers, the City Clerk restated for the record the Late
Communication, which pertain to the public hearing that had been announced earlier in the
meeting.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on August
5, 2002 titled Zoning Text Amendment No. 02-01 — Wireless Communication Facility Ordinance.
William Bennett representativeSof'Spectra Site Communications informed Council that Spectra
owns and manages several existing wireless telecom facilities in Huntington Beach and is
looking forward to working with the city's new ordinance. He requested the stealth locations be
considered on a site specific basis rather than on a blanket requirement.
Leslie Daigle representing Verizon and AT & T Wireless expressed appreciation to be included
in this process as they are very interested in locating on city properties. She informed Council
of her one concern regarding the treatment of the undergrounding language.
As there were no persons present to speak further on the matter and there were no further
protests filed, either written or oral, the Mayor Cook declared the public hearing closed.
(13) August 5, 2002 - Council/Agency Minutes - Page 13
Council member Winchell received clarification from Mary Beth Broeren, Senior Planner
regarding the two speakers concerns.
A motion was made by Dettloff, second Boardman to Approve Zoning Text Amendment No. 02-
01 with Findings for Approval (Attachment No. 1) and approve introduction of Ordinance No.
3568 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning
and Subdivision Ordinance by Relating to Wireless Communications" amending various
sections of the Huntington Beach Zoning and Subdivision Ordinance and adding Section 230.96
thereof relating to wireless communication facilities (Attachment No. 2)."
The motion carried by the following roll call vote:
AYES: Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None (Green out of room)
A motion was made by Houchen, second Cook to move this Agenda Item No. D-7 (Ordinance
No. 3569) forward after Agenda Item D-5 (Ordinance No.3568). 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) Public Hearing Held Pursuant to Resolution of Intent No. 2002-69 Adopted
on July 15, 2002 to Consider the Formation of a Proposed Huntington Beach Hotel/Motel
Business Improvement District — Approved Introduction of Ordinance No. 3569 (460.30)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
Public hearing scheduled pursuant to Resolution of Intent No. 2002-69 adopted on July 15,
2002 to hear all interested persons for or against the formation of a Community Facilities District
(CFD) which would allow 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.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Director of Economic Development David Biggs gave a PowerPoint presentation from a Late
Communication announced earlier in the meeting by the City Clerk titled Huntington Beach
Hotel/Motel Business Improvement District — August 5, 2002 — Agenda Item D-7.
Mayor Cook declared the public hearing open.
Kevin Patel President of the Huntington Beach Hotel/Motel Business Association urged Council
to vote in favor of the proposed Business Improvement District.
(14) August 5, 2002 - Council/Agency Minutes - Page 14
Steve Bone, Managing Partner for the Hilton Waterfront and Hyatt Regency Huntington Beach
Resort and Spa stated he supports establishing a Business Improvement District that will help to
maximize the city's potential for a tourist destination. Mr. Bone expressed the need for
advertising with the various medias and participation in a cooperative advertising program.
Steve Daniel, Chairman of the Visitors and Conference Bureau and local business owner,
urged Council to support and vote in favor of the Business Improvement District.
Doug Traub, President of the Huntington Beach Conference and Visitors Bureau, thanked
Council for this opportunity to establish a Business Improvement District as he believes it is a
positive step in the right direction for the city.
As there were no persons present to speak further on the matter and there were no protests
filed, either written or oral, Mayor Cook declared the public hearing closed.
Mayor Pro Tern Boardman stated reasons why she believes the Conference and Visitors
Bureau should be open on weekends. The Council received confirmation from Mr. Traub that
this issue is not a tax increase and that the Visitors Bureau is open Monday through Friday.
The City Clerk restated for the record the Late Communication, which pertain to the public
hearing that had been announced earlier in the meeting.
Communication dated August 5, 2002 from the Economic Development Department transmitting a
PowerPoint presentation titled Huntington Beach Hotel/Motel Business Improvement District —
August 5, 2002 — Agenda Item D-7. Communication titled Late Communication — Item D-7.
A motion was made by Green, second Boardman to Approve introduction of Ordinance No.
3569 —'An Ordinance of the City Council of the City of Huntington Beach, California,
Establishing a Business Improvement District, Called the `Huntington Beach Hotel/Motel
Business Improvement District, for All Huntington Beach Hotels and Motels."
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Public Hearing Held and Approved Staff Recommendation as Amended. to
Find in Budget to Reach Staff Recommended Level of Funding for Project Self -
Sufficiency AND Approved Staff Recommendation as Amended with the Following
Amendments: Adult Day Services $10,000, Huntington Beach Community Clinic $23,000,
Project Self -Sufficiency $56,496, SeniorPIaOutreach Program n for the (CDBG) Comity Police Development Community
Outreach $ 0, of the 2002-2003 Action
Block Grant/Home Programs (340.70)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
(15) August 5, 2002 - Council/Agency Minutes - Page 15
Public hearing to consider approval of the 2002-2003 Action Plan in accordance with the City's
Consolidated Plan (CP) as required by the U.S. Department of Housing and Urban
Development (HUD) for receipt of $1,668,000 in Community Development Block Grant (CDBG)
funds, and $756,000 in HOME Investment Partnership (HOME) funds. The 2002-2003 Action
Plan proposes the. CDBG and HOME budgets from October 1, 2002 to September 30, 2003, a
twelve-month period.
The City followed its Citizen Participation Plan. The Citizen Participation Advisory
Board (CPAB) held two public hearings on community needs and held subsequent monthly
public meetings. Citizens may review and comment on the draft 2002-2003 Action Plan in the
Department of Economic Development or at the Central Library. The public comment period
began July 16, 2002 and will end August 14, 2002. Public comments received during this time
will be attached to the Action Plan and sent to HUD.
CDBG REVENUE: AMOUNT
CDBG 2002/2003 Entitlement Grant $1,668,000
STAFF -PROPOSED CDBG ACTIVITIES:
Administration $293,328
Fair Housing Council 40,272
City Gym & Pool Sec. 108 Loan Payment
260,261
Code Enforcement Program
162,658
Community Job Center
59,992
Alabama Storm Drain Construction
456,162
Housing Rehabilitation Loan Program— Administration
145,127
Police Community Outreach
11,000
Community Service Programs
31,000
Oak View Community Center
35,000
Oak View Library Literacy Program
34,000
Project Self -Sufficiency
77,791
Seniors Outreach Program
61,409
TOTAL:
$1,668,000
CPAB-PROPOSED CDBG ACTIVITIES:
Administration 1 $293,328
Fair Housing Council 40,272
City Gym & Pool Sec. 108 Loan Payment 260,261
Code Enforcement Program 162,658
Community Job Center 49,992
Alabama Storm Drain Construction 436,289
Park Improvements 25,000
Housing Rehabilitation Loan Program— Administration 140,000
Rebuilding Together 10,000
Adult Day Services 10,000
Community Service Programs 31,000
Council on Aging 6,000
(16) August 5, 2002 - Council/Agency Minutes - Page 16
Huntington Beach Community Clinic
39,791
Oak View Community Center
30,000
Oak View Library Literacy Program
29,000
Project Self -Sufficiency
49,705
Seniors Outreach Program
49,704
Working Wardrobes
5,000
TOTAL:
$1,668,000
HOME Investment Partnership
In an effort to expand and preserve its existing affordable housing stock, Huntington Beach has
worked with Community Housing Development Organizations (CHDOs) to acquire multifamily
rental properties. These buildings are rehabilitated and then are made available to persons
below 60% of Orange County median income for a minimum of 30 years. The CHDO must
enter into an agreement with the City that outlines all of the affordability requirements, property
maintenance standards, and long-term monitoring requirements that are required by HOME
regulations.
The following activities are proposed for the 2002-2003 HOME program:
HOME REVENUE: AMOUNT
HOME 2002/2003 Entitlement Grant $ 756,000
HOME PROPOSED ACTIVITIES:
Administration 75,600
Acquisition 680,400
$756,000
The Consolidated Plan sets local policies and priorities for the development of a viable urban
community by providing decent housing and a suitable living environment and expanding
economic opportunities principally for low- and moderate -income persons. The city intends to
extend and strengthen partnerships among all levels of government and the private sector,
including for -profit and non-profit organizations in order to provide for: the production and
operation of affordable housing; a suitable living environment improving the safety and livability
of neighborhoods; assistance to homeless persons and persons at risk of becoming homeless
to obtain appropriate housing, without discrimination on the basis of race, color, religion, sex,
national origin, familial status, or disability; and expand economic opportunities including job
creation and retention.
City Administrator Ray Silver referred to the Late Communication from Community Services
Director Ron Hagan titled August 5, 2002 Public Hearing — CDBG Funding Impacts, Staff
Recommendations Vs Citizens Participation Advisory Board Recommendations. City
Administrator Silver informed Council that the members of the Citizens Participation Advisory
Board have been invited to speak tonight.
Luann Brunson, Senior Administrative Analyst, Economic Development Department, presented a
PowerPoint slide report dated August 5, 2002 titled Approval of 200212003 Action Plan for CDBG
and Home Programs — Public Hearing Item D-6 — August 5, 2002. Communication titled Late
Communication — Item D-6, which had been announced earlier as a Late Communication by the
City Clerk.
(17) August 5, 2002 - Council/Agency Minutes - Page 17
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Mayor Cook declared the public hearing open.
Prior to announcing the public speakers, the. City Clerk restated for the record the following Late
Communications that pertain to this public hearing:
Communication dated August 5, 2002 from the Economic Development Department transmitting a
PowerPoint presentation titled Approval of 200212003 Action Plan for CDBG and Home Programs —
Public Hearing Item D-6 — August 5, 2002. Communication titled Late Communication — Item D-6.
Communication dated August 5, 2002 from the Economic Development Department submitting
two spreadsheets reflecting historical funding data for the Community Development Block Grant
(CDBG) Program titled City of Huntington Beach — Community Development Block Grant
Program Late Communication Item D-6.
Communication dated July 26, 2002 from City Administrator Ray Silver submitting a
communication from Ron Hagan Director of Community Services titled August 5, 2002 Public
Hearing — CDBG Funding Impacts, Staff Recommendations Vs Citizens Participation Advisory
Board Recommendations.
Jackie Canigiani informed Council she is the Vice Chair of CPAB. She stated that the board
strived to represent diverse views based on the people who provided input to the Board to help
with their recommendations. She requested that the Council evaluate the additional
recommendations as presented by the CPAB Board.
Greg Arbues, Chair of Project Self -Sufficiency, requested that Council accept the staff
proposed funding recommendation for Project Self -Sufficiency as they greatly depend on the
support and will suffer if funding levels are not maintained.
Barbara Beck, Council on Aging and Senior Outreach Program volunteer, requested that
Council approve the staff recommendation for funding.
Ernie Cushing stated he is a volunteer with the Senior Outreach Program and urged Council
not to cut funding which would affect the care management program and to approve Staff
recommendation. He stated that the senior population is growing fast and the service Senior
Outreach provides is necessary...
e
Carol Settimo informed Council she is the Treasurer of the Council on Aging and stated that a
decrease in funding at the Senior Outreach Center would mean eliminating a much needed
Care Manager. She requested Council to consider the staff recommendation.
Dick White, President of the Huntington Beach Council on Aging, asked for support of the staff
recommendation for funding the Senior Outreach Program. Mr. White stated the CPAB
proposed funding would eliminate a necessary Care Manager position. He informed Council the
CPAB Council on Aging recommendation is to fund the Orange County Council on Aging not the
Huntington Beach Council on Aging.
Phil Inglee Huntington Beach Community Clinic Chairperson urged council to support the
CPAB recommendation for this clinic. He stated the working poor depend on the clinic for day-
to-day health care existence.
(18) August 5, 2002 - Council/Agency Minutes - Page 18
Council discussed and received clarification from Mr. Inglee regarding 1.) what percentage of
the budget is private versus government; 2.) what percentage of the budget is received through
fundraising; and 3.) the percentage of Huntington Beach residents serviced by the clinic.
Mr. Inglee responded that the budget is approximately fifty percent government funded and fifty
percent privately funded which. includes private fundraising of roughly one-half. He stated that
the clinic provides the needed health care service to approximately thirty-five percent of non -
local residents. Mr Inglee stated they have requested funding from the local cities and believes
if Huntington Beach does not support the clinic they will not get the much -needed support from
the neighboring cities.
Cordelia Dick-Muehlke urged Council to support the Adult Day Services Program.
Velbeth Jones requested Council to support the staff recommended financial support of Project
Self- Sufficiency
Tammie Hudak informed Council she participates in Project Self- Sufficiency and asked
Council to support this successful program.
Nona Bachar urged Council to continue funding Project Self- Sufficiency that has given her and
her son quality of life through the support of this program.
Dave Sullivan spoke in support of Adult Day Services and Huntington Beach Community Clinic.
C. Jim Moreno Chair of CRAB (Citizens Participation Advisory Board) informed Council on how
the Board formed their recommendations to best serve the residents of the city while keeping
the budget in mind. CPAB Chair Moreno stated the Board attempted to keep the recommended
amount close to last year's funding levels. He compared CPAB's Recommendations versus
Staff's Recommendations as to why Council should approve the Citizen Participation Advisory
Board Recommended Action Plan for 2002/2003.
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, Mayor Cook declared the public hearing closed.
CPAB Chair Moreno and Councilmember Dettloff discussed programs on the recommended list.
The councilmembers and staff discussed at length their reasons for selecting or not selecting
the funding levels for the recommended programs.
A motion was made by Houchen, second Cook to approve staff recommendation as amended
Police Community Outreach $0, Community Service Programs $0, Adult Day Services $10,000,
Huntington Beach Community Clinic $32.000.
The motion failed by the following roll call vote:
AYES: Houchen, Cook
NOES: Green, Dettloff, Boardman, Winchell, Bauer
ABSENT: None
(19) August 5, 2002 - Council/Agency Minutes - Page 19
A motion was made by Bauer, second Green to approve CPAB recommendations as amended
Orange County Council on Aging $0, Project Self -Sufficiency $55,705 and direct staff to find the
additional $89,000 needed from unanticipated funds in the budget.
The motion failed by the following roll call vote:
AYES: Green. Winchell, Bauer
NOES: Dettloff, Boardman, Cook, Houchen
ABSENT: None
A motion was made by Winchell, second Dettloff to approve staff recommendation as amended
to find in budget to reach staff recommended level of funding for Project Self -Sufficiency (PSS).
The motion carried by the following roll call vote:
AYES: Green. Dettloff, Winchell, Bauer
NOES: Boardman, Cook, Houchen
ABSENT: None
A motion was made by Boardman, second Dettloff to approve the 2002/2003 Staff
Recommended Action Plan as amended for the CDBG Program in the amount of $1,668,000
and the HOME Program in the amount of $756,000; Adult Day Services $10,000, Huntington
Beach Community Clinic $23,000, Project Self -Sufficiency $56,496, Senior Outreach Program
$60,704, Police Community Outreach $ 0.
and
Authorize the City Administrator to execute the required certifications;
and
Authorize submission of the Action Plan to the U.S. Department of Housing and Urban
Development.
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boradman, Winchell, Bauer
NOES: Cook, Houchen
ABSENT: None
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(Redevelopment Agency) Approve as to Form Lease between Abdelmuti Development Co. and
Pac Pack Inc., a California Corporation dba Prospects One (Oceanview Promenade) Suites
230, 240 and 250 — Main Pier Redevelopment Project Subarea (600.30)
(City Council) Approve the 2002-03 Traffic Signal Installation Priority List (580.10)
(20) August 5, 2002 - Council/Agency Minutes - Page 20
Consent Calendar — Items Approved
On motion by Green, second Boardman 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 the minutes of the
City Council/Redevelopment Agency Regular meetings of July 15, 2002 as written and on file in
the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Approved Two Youth Board Student Reappointments — Bello-Feldmar and
Seven Student Appointments — Iwanabe-Wiseman-Marmer-Watari-Gallo-Robin and Park —
for Term to Expire June 2003 (110.20) —1. Approved the reappointment of the following
students to one-year terms on the Huntington Beach Youth Board to expire June 2003 as
recommended by Council Liaisons Mayor Debbie Cook and Councilmember Pam Houchen:
Tatiana Bello Ocean View High School Representative
Megan Feldmar At -large Representative
and 2. Approved the appointment of the following students to a one-year term on the Huntington
Beach Youth Board with terms to expire on June 2003 as recommended by Council Liaisons
Cook and Houchen:
Kelly Iwanabe Edison High School Representative
Meera Wiseman Marina High School Representative
Natalie Marmer Huntington Beach High School Representative
Sarah Watari At -large Representative
Samantha Gallo At -large Representative
Ben Robin At -large Representative
Joe Park At -large Representative.
Submitted by the Community Services Director. Funding Source: Not Applicable.
(City Council) Approved Project Plans and Specifications and Authorized Advertisement
of Bids for Concession Improvements at South Beach Phase I; CC-1106 (Zack's Too, the
Beach Hut and the Cabana) (600.80) —1. Approved the project plans and specifications and
authorized the Director of Public Works to request bids for the facade rehabilitation of two
concession buildings and the rebuild of the Cabana concession building at South Beach Phase
I, CC-1106; and 2. Appropriated $435,000 from Lease Revenue Bonds, 2001 Series A to South
Beach Improvements, Phase II. Submitted by the Community Services Director and the Public
Works Director. Funding Source: Funds in the amount of $435,000 will be appropriated from
Lease Revenue Bonds, 2001 Series A, to the South Beach Improvements, Phase II Account.
(City Council) Adopted Resolution No. 2002-76 Confirming Reports of Cost for 2002
Weed Abatement on Private Property within the City (520.80) — Adopted Resolution
No. 2002-76 — "A Resolution of the City Council of the City of Huntington Beach Confirming
Reports of Cost for Weed Abatement on Private Property within the City— 2002 Season, "and
direct all charges listed thereon be certified to the Orange County 2002-2003 Tax Roll.
Submitted by the Public Works Director. Funding Source: A special assessment totaling
$15,715.72 will be charged to the Orange County property tax roll and reimbursed to the City by
the County of Orange as part of the ordinary collection process.
(21) August 5, 2002 - Council/Agency Minutes - Page 21
(City Council) Adopted Resolution No. 2002-80 Regarding Classification Plan
Amendment Re: Agreement with Public Sector Personnel Consultants for Study of
Municipal Employees Association (MEA) Positions and to Add New, Delete Old and
Modify Management Employees Organization (MEO) Positions (700.10) — Adopted
Resolution No. 2002-80 "A Resolution of the City Council of the City of Huntington Beach to
Amend the Classification Plan by Adding, Deleting and Modifying Classifications in the City
Classification Plan." Submitted by the Administrative Services Director. Funding Source:
Funding for the amendment is included in the FY 01-02 budget.
(City Council) Approved City Council Positions on Legislation Pending Before the State
Legislature and Congress as Recommended by the City Council Intergovernmental
Relations Committee - Assembly Bills — AB 2208 (Wyland) and AB 2252 (Daucher) Re:
Funding — State Department and Area Agencies on Aging (640.90) — The City Council
Intergovernmental Relations Committee has reviewed the legislation below and is
recommending that the City Council take action on the following items and authorize the Mayor
to send letters reflecting the City's position to the legislators: Motion: Support — AB 2208
(Wyland) which would require the California Dept. of Aging (CDA) in consultation with the State
Controller to develop and implement procedures for electronic transfer of funds from the CDA to
the Areas Agencies on Aging (AAA) to provide for a broad range of home and community based
services for homebound seniors. Support — AB 2552 (Daucher) which would assure
continuous appropriation of monies from the Federal Trust Fund through the California
Department of Aging (CDA) to the Area Agencies on Aging (AAA) in the absence of an annual
State budget. Submitted by the Councilmember Shirley Dettloff, Chairperson,
Intergovernmental Relations Committee on behalf of Mayor Debbie Cook and Councilmember
Ralph Bauer. Funding Source: None required.
(Redevelopment Agency) Receive and File Form Lease between Abdelmuti Development
Co. and Pac Pack Inc., a California Corporation dba Prospects One (Oceanview
Promenade) Suites 230, 240 and 250 — Main Pier Redevelopment Project Subarea
(600.30)
Councilmember Houchen requested that this agenda item be removed from the Consent
Calendar to clarify if this item needs approval from the Redevelopment Agency.
David Biggs Director of Economic Development informed Council this item does not need
approval and should have been a receive and file item.
A motion was made by Houchen, second Boardman to receive and file the Lease between
Abdelmuti Development Co. and Pac Pack Inc., a California Corporation dba Prospects One
(Oceanview Promenade) Suites 230, 240 and 250 — Main Pier Redevelopment Project Subarea.
The motion carried by the following roll call vote:
AYES: Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None (Green out of room)
(22) August 5, 2002 - Council/Agency Minutes - Page 22
(City Council) Approved as Amended the 2002-03 Traffic Signal Installation Priority List
(580.10)
Mayor Cook requested that this agenda item be removed from the Consent Calendar to ask
staff why the Beach Boulevard and Taylor Street intersection was third on the installation list
stating that this intersection has the highest rates of accidents.
Bob Stacheslski, Transportation Manager Department of Public Works, informed Council
it is because the city needs Caltrans approval before proceeding at that intersection. He stated
the priority list shows 115 locations were identified as potential new signal locations, that
intersections currently under design or construction as capital projects were not included in the
list which is included in the staff report.
A motion was made by Boardman, second Houchen to approve as amended the 2002/03
Traffic Signal Installation Priority List with provision that Beach/Taylor be the No. 1 priority
when approved by Caltrans. 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) Approved Renewal with Revisions of Lease Agreement Between the City
and Waterfront Hotel, LLC for the Waterfront Beach Cabana Concession (Hyatt Regency
Huntington Beach Resort and Spa) (600.35)
The City Council considered a communication from the Administrative Services Director and the
Community Services Director requesting renewal of the lease agreement with Waterfront Hotel,
LLC for the Beach Cabana Concession using the Standard Concessionaire Lease Agreement.
Staff is requesting Council approval for the Director of Administrative Services to amend the
lease agreement to revise the term date when the city completes construction of the Beach
Cabana and turns it over to WATERFRONT to do tenant improvements, and to insert a legal
description of the leased premises when they are completed.
A PowerPoint presentation titled Lease Agreement with Waterfront Hotel, LLC for the
"Waterfront Beach Cabana Concession" is included in the agenda packet.
A motion was made by Dettloff, second Bauer to Approve the Lease between the City of
Huntington Beach and Waterfront Hotel, LLC for the Waterfront Beach Cabana using the
standardized lease agreement with terms and conditions as presented herein;
and
Authorize the Mayor and City Clerk to execute the lease;
and
Give the Director of Administrative Services the authority to amend the lease to revise the term
dates and insert a legal description of the leased premises. The motion carried by the following
roll call vote:
AYES: Dettloff, Boardman, Cook, Houchen, Bauer
NOES: None
ABSENT: None (Winchell, Green out of room)
(23) August 5, 2002 - Council/Agency Minutes - Page 23
(City Council) Adopted Resolution No. 2002-74 Amending the City's Full Cost Recovery
Fee Resolution Pertaining to Community Services Department Fees (Clubhouse —
Recreational — Cultural and Special Events Activities) (340.20)
A motion was made by Houchen, second Boardman to continue to August 12, 2002 at 4:00 p.m.
consideration of the adoption of Resolution No. 2002-74 - "A Resolution of the City Council of
the City of Huntington Beach Amending Resolution No. 5159 Entitled, `A Resolution of the City
Council of the City of Huntington Beach Establishing a City Fee Schedule' as to Services
Offered by the City's Community Services Department (Supplemental Fee Resolution No. 87)."
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Bauer
NOES: None
ABSENT: None (Winchell out of room)
(City Council) Accepted the Certificate as to Verification of Signatures on Petition Filed
by Scott Baugh, Proponent to Amend Sections 300 and 704 of, and Add Sections 314,
315, 316, 317, 318 and 319 to the City Charter Relative to Decreasing the Number of
Elected Councilmembers from 7 to 5, Electing Councilmembers by District Instead of as
Currently by At -Large and Imposing a Lifetime Two Term Limit on Councilmembers
Instead of the Current Two Consecutive Term Limit (620.20)
The City Council considered a communication from the City Clerk informing Council that the
above referenced petition'to amend the City Charter (Mr. Scott Baugh, proponent) has been
examined by the Orange County Registrar of Voters and found to have sufficient number of
valid signature of registered voters to qualify for placement on the ballot at an election date to
be determined by the City Council. Pursuant to Elections Code S. 9114 the City Clerk is
certifying to the City Council the results of the County Registrar of Voters examination of said
petition dated July 16, 2002 following related Agenda Items.
A motion was made by Green, second Houchen to Accept Certificate as to Verification of
Signatures on Petition dated July 16, 2002 as provided by the County Registrar of Voters to the
City Clerk.
The motion carried by the following roll call vote:
AYES:
Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES:
None
ABSENT:
None
(City Council) Failed to Adopt Resolution No. 2002-77 — Submission to the Voters of a
Proposed Amendment to the Huntington Beach City Charter to Establish Five Council
Districts — Reduce Number of City Councilmembers from Seven to Five Members and
Establish Lifetime Term Limits in Place of Current Consecutive Term Limits (620.20)
The City Council considered a communication from the City Clerk and the City Attorney
transmitting Resolution Nos. 2002-77 and 2002-78 for consideration by Council to add a
measure on the November 5, 2002 General Municipal Election ballot. The measure is the
proposed amendment to the Huntington Beach City Charter, which has been initiated by petition
(Scott Baugh, proponent). (See related Agenda Items.)
(24) August 5, 2002 - Council/Agency Minutes - Page 24
Also transmitted is a City Attorney's opinion dated July 31, 2002 titled RLS 2002-0421.
Available Election Dates for a Charter Amendment Proposal to Elect Councilmembers by
District Rather than At -Large — Elections; Procedures; General and Special Elections.
Communication from the Law Offices of Nossaman, Guthner, Knox & Elliott, L.L.P. dated July
31, 2002 titled Analysis of Legal Defects in Proposed Amendment to Huntington Beach City
Charter (Agenda Item F-3, Council Meeting of August 5, 2002) is included in the agenda packet.
Council inquired and received information from City Attorney Gail Hutton as to the city's liability
to defend if challenged and the Legal Opinion submitted in the agenda packet.
(City Council) Adopted Resolution No. 2002-78 — To Schedule Special Municipal Election
on March 2, 2004 to be Consolidated with Statewide Primary Election and To Request
Board of Supervisors to Consolidate (620.20)
A motion was made by Boardman, second Green to adopt Resolution No. 2002-78 - "A
Resolution of the City Council of the City of Huntington Beach, California Ordering the
Submission to the Qualified Electors of the City of a Proposed Amendment to the City Charter
Relating to Election of Five Councilmembers Each by District Instead of the Current Seven
Members Elected At -Large, to Impose a Lifetime Two Term Limit on Elected Councilmembers
Instead of the Existing Two Consecutive Term Limit and to Reduce the Total Number of
Councilmembers from Seven to Five, at a Special Municipal Election to be Held on March 2,
2004."
If Resolution No. 2002-78 is adopted, Resolution No. 2002-79 Setting Priorities for Written
Arguments and Directing Preparation of an Impartial Analysis can be adopted, as amended to
reflect the election date selected by the City Council.
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Houchen, Winchell, Bauer
NOES: Cook
ABSENT: None
(City Council) Adopted Resolution No. 2002-79 — as Amended to Direct Preparation of
Impartial Analysis Re: City Measure — Proposed Charter Amendment Initiated by
Mr. Scott Baugh, Proponent (To Amend S. 300 and 700 and Add S. 314, 315, 316, 317, 318,
and 319 of the City Charter) Special Municipal Election Scheduled For March 2, 2004
(620.30)
The City Council considered a communication from the City Clerk transmitting the following for
consideration by Council:
Written Arguments — The State Elections Code provides Council the opportunity to file
an argument against the proposed the proposed Charter Amendment initiated by
Mr. Scott Baugh, the Council may vote to authorize and name up to 5 Councilmembers to file
an argument against the proposed measure. Should Council choose not to have priority,
written arguments shall be selected by the City Clerk pursuant to the State Elections Code.
(25) August 5, 2002 - Council/Agency Minutes - Page 25
Impartial Analysis — The State Elections Code provides that inclusion of an Impartial Analysis
in the Voter Information Pamphlet is optional. Historically the City Council has directed the City
Attorney to prepare an impartial analysis.
A motion was made by Boardman, second Houchen to Adopt Resolution No. 2002-79, as
amended, to only provide for the City Attorney to prepare an impartial analysis;
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Approved Process of Appointment of a City Attorney for Period of October
1 to December 2, 2002 (Also Rescinds Existing Contract Approved at July 15, 2002
Meeting) (700.90)
The City Council considered a communication from the City Administrator informing Council of
matters relating to the elected City Attorney's submittal of her written resignation effective
September 30, 2002. At the July 15, 2002 City Council meeting, the City Council approved the
Agreement between the City of Huntington Beach and Gail C. Hutton individual, for Early
Retirement and Provision of Transitional Consultant Legal Services. The candidate who is
elected at the November 5, 2002 General Municipal Election, will be sworn into office on
December 2, 2002.
City Administrator Ray Silver reviewed the three options for the selection process.
Mayor Cook received legal opinion from Paul D'Alessandro Deputy City Attorney regarding her
concern Option 2 would be a 1090 problem.
A motion was made by Green, second Houchen to approve Alternative No. 3 directing staff to
rescind the transitional consultant legal service agreement approved at the July 15, 2002
meeting and after City Attorney Gail Hutton retires on September 28, 2002 appoint her to serve
the remainder of the term at a special meeting the week of September 30, 2002.
City Clerk Connie Brockway informed Council that she believes that Council cannot appoint City
Attorney Gail Hutton until she retires, as she is currently the elected City Attorney.
City Administrator Ray Silver corrected the motion to direct staff to come back with an RCA in
September to appoint Gail Hutton City Attorney and also to rescind the existing contract
between the City and Gail Hutton, Individual that was approved by Council at the last meeting.
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen
NOES: Winchell, Bauer
ABSENT: None
(26) August 5, 2002 - Council/Agency Minutes - Page 26
(City Council) Adopted 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 Houchen to adopt
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." Submitted by the Economic Development Director. (Five Project
Areas Merged on 12/16/1996 — Introduction approved on July 15, 2002).
The motion carried by the following roll call vote:
AYES: Green, Houchen, Winchell, Bauer
NOES: Boardman, Cook
ABSENT: None (Dettloff out of room)
(City Council) Adopted Ordinance No. 3567 Amending Chapter 1.16 of the
Municipal Code Relating to Penalty Enforcement Relative to Recovery of Costs
of Criminal Law Enforcement (640.10)
After the City Clerk read by title, a motion was made by Green, second Houchen to adopt
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." Submitted by the City
Attorney. .(Relative to Recovery of Costs of Criminal Law Enforcement— Introduction approved
on July 15, 2002).
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook Houchen, Winchell, Bauer
NOES: None
ABSENT: None (Dettloff out of room)
(City Council) Approved Appointment of Mayor Debbie Cook as Voting Delegate and
Appointment of Alternative Delegate Councilmember Ralph Bauer for City of Huntington
Beach at Annual Conference of the League of California Cities (150.40)
The City Council considered a communication from Mayor Debbie Cook transmitting the
following Statement of Issue: The'Annual Conference for the League of California Cities will
be held from Wednesday, October 2 through Saturday, October 5, 2002 in Long Beach at the
Convention Center this year.
An important aspect of the annual conference is the annual business meeting when the
membership takes action on conference resolutions. Each city is entitled to one vote in matters
affecting municipal or League policy.
The League has requested that we notify them no later than Friday, September 6, 2002 of the
names of our delegate and alternate. Traditionally the City Council has appointed the Mayor as
its delegate. Since I am planning on attending the conference this year, I respectfully request
that I be appointed as the City's official delegate. I would also request a volunteer from among
the Councilmembers to serve as the alternate delegate. To that end, I would request the City
Council approve the following motions:
(27) August 5, 2002 - Council/Agency Minutes - Page 27
A motion was made by Houchen, second Boardman to:
1. Appoint Mayor Debbie Cook to serve as the delegate for the City of Huntington Beach
at this year's Annual Conference of the League of California Cities;
and
2. Appoint Councilmember Bauer to serve as the alternate delegate for the City of
Huntington Beach at this year's Annual Conference of the League of California Cities, October
2-5, 2002.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook Houchen, Winchell, Bauer
NOES: None
ABSENT: None (Dettloff out of room)
(City Council) Request City Council Position on Resolution by the City of Santa Margarita
Regarding Dealing with Urban Run -Off (120.70)
The City Council considered a communication from Councilmember Ralph Bauer transmitting
the following Statement of Issue: At the League of Cities meeting on August 8, a vote on the
resolution by the city of. Santa Margarita will take place. It would seem we have three options:
(1) Support the resolution; or (2) Oppose the resolution; or (3) Support the resolution with
modifications.
Following discussion, a motion was made by Bauer, second Cook to approve Option No. 2. The
motion carried by the following roll call vote:
AYES: Green, Boardman, Cook Houchen, Winchell, Bauer
NOES: None
ABSENT: None (Dettloff out of room)
(City Council) Request Council Position Re: Joining with the Orange County Sanitation
District in Obtaining Infrastructure Funding through the California Rebuild America
Coalition (Ca/RAC) (120.70)
The City Council considered a communication from Councilmember Ralph Bauer transmitting
the following Statement of Issue: Enclosed is a letter from the Orange County Sanitation
District to join the California Rebuild America Coalition (CaIRAC). CaIRAC is a non-profit
organization dedicated to obtaining funding for rebuilding infrastructure.
The City Council directed staff to review the cost and benefits of joining the California Rebuild
America Coalition (CaIRAC) and bring back at a future date. No action necessary.
(City Council) Formation of Charter Revision Committee (610.20)
Councilmember Winchell spoke in regard to the feasibility of forming a Charter Revision
Committee to be placed on a future agenda.
(28) August 5, 2002 - Council/Agency Minutes - Page 28
Adjournment — City Council/Redevelopment Agency
Mayor Cook adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to Tuesday, August 6, 2002, at 1:30 p.m. at 7777 Edinger Avenue, Huntington
Center, northeast quadrant (behind the former Broadway building), Huntington Beach, California to
review the LED (reader board sign) with the Huntington Beach Auto Dealers; and
Adjournment to Monday, August 12, 2002, at 3:00 p.m. for Closed Session and at 4:00 p.m. for
Open Session in the Council Chambers, Lower Level, Civic Center, 2000 Main Street,
Huntington Beach, California.
ATTEST:
City Clerk -Clerk
City Clerk and ex-officio ClerkAf the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
a
Mayor -Chairman