HomeMy WebLinkAbout2003-02-18Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Tuesday, February 18, 2003
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 Pro Tern Green called the regular meetings of the City Council/Redevelopment Agency of
the City of Huntington Beach to order at 5:05 p.m. in Room B8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Sullivan, Coerper, Green, Cook, Houchen, Hardy (Boardman arrived at 5:35 p.m.)
Absent: None
Prior to the Study Session:presentations, City Administrator Ray Silver introduced.Janis Ingels;
the new Director of Information Services:
(City Council) Study Session 1 of 2 Held — Presentation by Doug Traub, President of the
Huntington Beach Convention and Visitor's Bureau (HBCVB) Re: Conference & Visitor's
Bureau Work Program for 2003 (140.70)
David Biggs, Director of Economic Development and Doug Traub, President of the Huntington
Beach Convention and Visitor's Bureau (HBCVB) provided an update of the HBCVB Work
Program for 2003 and future initiatives.
Mr. Traub gave a PowerPoint presentation titled Huntington Beach Conference and Visitors
Bureau, which was included in the agenda packet. He informed Council of the current
accomplishments of the HBCVB as well as future plans in. marketing Huntington Beach as. a.
vacation destination. CVB President Traub also distributed a Late Communication.which was a.
copy of the newly upgraded 2003 Visitors Guide.
Mr. Traub responded to Councilmember Coerper's question regarding the hours of operation
stating that due to the current staffing and funding the Visitor's Bureau is not open on
weekends. He stated that they plan to recruit volunteers to provide weekend service; that this is
an expected amenity even if not revenue -generating. President Traub informed Council of the
development of a premier destination website to promote Huntington Beach.
Mayor Boardman thanked Mr. Traub and staff for their presentations.
(2) February 18, 2003 - Council/Agency Minutes - Page 2
(City Council) Study Session 2 of 2 Held — Presentation by Communications Director
Rich Barnard Re: Current Status of City Separation from the Public Cable Television
Authority (PCTA) — Staff Directed to Return With Further Report and Cost Evaluations to
Council March 17, 2003 (140.60)
Communications Director Rich Bamard gave a PowerPoint report titled Public .Cable Television
Authority (PCTA) A Joint Powers Authority(JPA) .that was included in the agenda packet. Mr.
Barnard revised the figures on Slides 22 for Franchise Renewal Budget Fiscal Year2002/2003
of the PowerPoint to $131,000 and $191,000 and adding Franchise Administration of $65,000;
and Slide 23 for Franchise Renewal Budget Fiscal Year 2003/2004 to $136,000 and $211,000,
Consultant services $40,000 to $95,000 and Franchise Administration $46,000 to $56,000.
Communications Director Barnard stated that Councilmembers Cook and Houchen are the
Council Liaisons and that Mary Morales, PCTA Executive Director was in attendance.
After the PowerPoint report included in the agenda packet was presented, considerable
discussion was held between Council and Mr. Barnard regarding the need to identify the costs
that would be incurred if the city separates from the PCTA, and to assess the needs of our
community. Mr. Barnard informed Council that he would return to Council at a later date with
further information and a more precise cost evaluation.
Mayor Boardman thanked everyone for their presentations.
Motion to Recess to Closed Session Approved
A motion was made by Sullivan, second Coerper to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
City is a party. The title of the litigation is Opp v. City of Huntington Beach, et al.; Court of
Appeals, Fourth Appellate District, Division 3, Case No. G025947 [Opp 1]; and Opp v. City of
Huntington Beach, et al.; Orange County Superior Court Case No. 748927, Court of Appeals
Case No. G030601 [Opp 11]. Subject: Opp v. City of Huntington Beach, et al. [Opp I and.
Opp II].- (120.80)
(City Council) Closed Session — To confer with its City Attorney regarding pending litigation
pursuant to Government Code Section 54956.9(c). (Based on existing facts and circumstances,
the legislative body of the local agency has decided to initiate or is deciding whether to initiate
litigation.) Number of Potential Cases one. Dispute between Time -Warner and PCTA regarding
nonpayment of the franchise fee on cable modem service. Subject: Payment of Franchise
Fee and Utility Tax on Cable Modem Service. (120.80)
(3) February 18, 2003 -Council/Agency Minutes - Page 3
Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council Chambers.
City Council- Redevelopment Agency Roll Call
Present: Sullivan, Coerper, Green, .Boardman, Cook,_.Houchen, Hardy,.
Absent: None.
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Boardman asked City Attorney McGrath if there were any actions taken by the City Council
or Redevelopment Agency in Closed Session that required a reporting. City Attorney McGrath
responded that there were no actions to report.
Flag Ceremony/Pledge of Allegiance — Junior Girl Scout Troop 324 from Hope View
Elementary, Huntington Beach. Leader Sandy Smallshaw.
(City Council) Dedication of Council Meeting to Former Mayor Pro Tern and
Councilmember Henry Duke
Mayor Boardman informed Council that this Council Meeting is dedicated to the memory of
former Mayor Pro Tern and Councilmember Henry Duke who recently passed away.
Mr. Duke's son spoke of his father's accomplishments and how .he had been proud to serve the
City of Huntington Beach. He thanked the Council on behalf of his mother and family for the
kind words and flowers.
Moment of Silence Observed
Mayor Boardman asked for a "moment of silence" in remembrance of Mr. Henry Duke, a former
Councilmember and Planning Commissioner during the 1970's. The Mayor dedicated the
meeting in his memory and honor.
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:
Huntington Beach Conference and Visitors Bureau President Doug Traub submitted a 2003
Visitors Guide for the Study Session regarding the Visitors Bureau.
Slide show presentation received February 18, 2003 from the Administrative Services Department
titled, Review of Proposed Memorandum -of -Understanding with SCLEA.
Communication received February 18, 2003 from Norm Westwell in favor of returning Fourth of
July fireworks to the beach.
(4) February 18, 2003 - Council/Agency Minutes - Page 4
Communication received February 18, 2003 from Stephen K. Bone, President & CEO of The
Robert Mayer Corporation in opposition to moving Fourth of July Fireworks to the beach.
PowerPoint presentation with amended Recommended Action titled 4t' of July Fireworks —
Alternative Sites for 2003 from Community Services Department:
Communication from John J. Gilbert, Senior Vice President and General Manager of the
Waterfront Hilton regarding its position on the Fourth of July Fireworks relocation.
The Following Additional Late Communication Was Submitted During the Meeting
PowerPoint slide report titled Annual Holly Seacliff Development Agreement Compliance
Report, which was presented at the meeting by the Planning Department.
Mayor's Award presentation made by Mayor Connie Boardman and Planning Director Howard
Zelefsky to Herb Fauland, Senior Planner, Planning Department, for the fine work and skills he
has demonstrated during his 15 years of service to the City on many important development
projects. (160.40)
(City Council) Janis Ingels, Information Services Director Introduced
Mayor Boardman introduced and welcomed new Department Head Janis Ingels, the Director of
Information Services.
Public Comments
Peter Albin! spoke in support of moving the 4 h of July fireworks display to the beach. He stated
that Council should not let the past influence its decision. He gave suggestions for raising the funds
for fireworks on the barge. Mr. Albini urged Council to allow an American patriotic tradition to
continue. He requested approval of the Fourth of July Board's recommended action set forth in the
administrative item on the agenda, which allows for fireworks on a barge at the beach.
Debbie Borden offered a prayer due to the lack of the scheduling of the Invocation on the agenda.
Chris Palmer presented Assemblyman John Campbell's position on legislation relative to the
item on the agenda reimbursing cities for unfunded state mandates. Mr. Palmer referred to
Assembly Bill 613, introduced by Assemblyman Campbell that would give cities the ability to
eliminate any unfunded state mandates:
Lou Baker spoke in support of having the 4 h of July fireworks display at the beach. Mr. Baker
spoke relative to safety factors in displaying the fireworks on a barge over the water. In
addition, he stated that the local businesses could use the additional revenue.
Councilmember Houchen invited the public to speak during this time at the public comments
portion of the meeting regarding the Fourth of July item because this agenda item is not a public
hearing item.
(5) February 18, 2003 - Council/Agency Minutes - Page 5
Public Comments Resumed
Margie Bunton, Fireworks Chair of the Fourth of July Executive Board, reviewed the possible
locations for proposed firework's display and the pros and cons of each location relative to
safety and cost issues. She stated that due to the wide margin of safety, it is the Fourth of July
Executive. Board's opinion to proceed with the option to launch the fireworks off a single barge.
at the beach. .
Pat Steir, Chair of Fourth of July Executive Board informed Council of the two proposed options
and estimated costs for the proposed Fourth of July fireworks display locations.
Norm Westwell thanked Council for its service to the community. He requested that Council
consider allowing Safe & Sane Fireworks to be sold in the city, referring to the city's loss to
neighboring cities of sales tax revenue. Mr. Westwell stated that in his opinion a majority of the
community would like to have the Fourth of July fireworks at the beach and requested Council to
approve the Fourth of July Executive Board's recommended action.
(City Council) Public Hearing Held — Approved Compliance Report for Annual Review of
the Holly Seacliff Development Agreement No. 90-1 for the Holly Seacliff Area
(Ellis/Goldenwest) (600.10)
Councilmember Cook and Councilmember Hardy recused themselves from consideration of this
item due to the proximity of their residences to the property.
Mayor Boardman announced that this was the time noticed for a public hearing to consider the
following:
Applicant: City of Huntington Beach Planning Department
Request: Annual review of the Holly-Seacliff Development Agreement Compliance Report.
Location: Approximately 490 acres located between Ellis Avenue on the north, Huntington
Street on the east, Edwards Street on the west, and the Seacliff Golf Course on the south.
Environmental Status: Notice is hereby given that this agenda item is categorically exempt
from the provisions of the California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Planning Director Howard Zelefsky Presented a PowerPoint slide report titled Annual Holly
Seacliff Development Agreement Compliance Report, which was presented at the meeting by
the Planning Department.
Mayor Boardman declared the public hearing open.
Prior to announcing the public speakers, the City Clerk stated for the record the following Late
Communication, which pertains to this public hearing and announced that it will be available at
the City Clerk's office:
(6) February 18, 2003 - Council/Agency Minutes - Page 6
PowerPoint slide report titled Annual Holly Seacliff Development Agreement Compliance
Report, which was presented at the meeting by the Planning Department.
Dr. Gerald Chapman stated his opinion that there has been a lack of compliance, not by PLC,
but by the city, with the Holly-Seacliff Agreement relative to the completion of street
improvements on the Ellis Avenue/Goldenwest Street.Quartersection. Dr. Chapman stated that.
this project has been in the process for over 13 years. and every year, he has been informed by .
staff of various reasons why this portion of the street has not been completed.
Bill Holman, PLC Land Company Director of Planning, informed Council that PLC is ready to
proceed on the Ellis Avenue/Goldenwest Street Quartersection portion of the project as soon as
staff approves the final design. Mr. Holman concurred with Dr. Chapman and informed Council
that the delay for the past three years has been an oil line construction, for which he provided a
timeline for completion over the next few weeks.
There being no persons present to speak further on the matter and there were no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
Mayor Boardman received confirmation from Public Works Director Robert F. Beardsley that the
reason for the current delay is as stated by the developer, due to the oil pipeline. Director
Beardsley stated that the street improvements should move forward by spring or summer of this
year and that the city has funding.
A motion was made by Houchen, second Green to:
Determine that the Developer. is in.compliance.with the Holly Seacliff Development Agreement
No. 90-1 by accepting the 2002 Annual Compliance Report and authorize the Mayor and City
Clerk to sign and execute the Certificate of Development Agreement Compliance
(ATTACHMENT NO. 2) and direct the City Clerk to record said Certificate with the Orange
County Recorder.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Houchen
NOES: None
ABSENT: None
RECUSED: Cook, Hardy
(City Council) Administrative Public Hearing Held - Adopted Resolution No. 2003-1.6
Approved Certification of Special Assessments for Delinquent Civil Fines for Municipal
Code Violations (570.60)
Mayor Boardman announced that this was the time noticed for an administrative public hearing
to consider a request for Council certification of recording Notices of Special Assessments
against private property for the value of unpaid civil fines, plus interest and penalties, pursuant
to Ordinance No. 3397 adopted by City Council on June 15, 1998.
An Administrative public hearing as required by the California Government Code Section
38377.5 for the purpose of certifying special assessments against properties where public
nuisances have occurred.
(7) February 18, 2003 - Council/Agency Minutes - Page 7
City Attorney Jennifer McGrath reported that her department and City Treasurer Shari
Freidenrich are recommending Council to adopt Resolution No. 2003-16. She stated that this
resolution would allow the city to levy against the properties that would incur penalties and
would appear as an exception to the title on a title report at the time of transfer of the property.
In addition,:the fines will be reported to.the.County Tax Assessor forinclusion on.the property
tax bills.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Mayor Boardman declared the administrative public hearing open.
There being no persons present to speak on the matter and there were no protests filed, either
written or oral, the Mayor declared the public hearing closed.
A motion was made by Coerper, second Cook to adopt Resolution No. 2003-16 entitled "A
Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments
for Collection of Delinquent Civil Fines for Municipal Code Violations.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
Consent Calendar —Items Removed.for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) $55,203.89 of Unclaimed Funds Over Three Years Old Per Government Code
50055 to General Fund (340.10)
(City Council) Human Relations Task Force Appointments of Gwendolyn Black, Lindsay
Mingee, and Thorin Scott with Terms to Expire December 31, 2005 (110.20)
(City Council) City Council Position on Portions of the State Budget and Legislation Pending
Before the State Legislature as Recommended by the City Council Intergovernmental Relations
Committee (640.90)
Consent Calendar — Items Approved
On motion by Cook, second Green Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(8) February 18, 2003 - Council/Agency Minutes - Page 8
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency Regular meetings of December 16, 2002 as written and on
file in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Approved a Reimbursement Agreement between the City and the Orange
County Sanitation District for a Temporary Fire Station Facility During:Construction of
the Bushard Trunk Sewer .(600.25) Approved and authorized the Mayor and City Clerk to
execute -the Job Number 1-2-4 Reimbursement Agreement. Submitted by the Acting Fire Chief
and the Public Works Director. Funding Source: Funds in the approximate amount of $238,000
will be expended from the Fire Department Fire Suppression business unit. Expenditure
categories will include salaries, supplies and equipment rental. Full costs will be reimbursed
upon completion of the project.
(City Council/Redevelopment Agency/Public Financing Authority) Accepted Bids and
Approved 1) Weeger Bros., Inc. Construction Contract and 2) Donna Billick Art Element
Construction Contract for South Beach Phase II Improvement Project, CC-1169 (600.80)
Huntington Beach Public Financing Authority Actions: Authorized total expenditure of
$9,795,840 from Lease Revenue Bonds, 2001 Series A to the South Beach Improvements,
Phase II Account 30187003.82200; and Huntington Beach City Council Actions: 1.
Accepted the lowest responsive/responsible bid submitted by Weeger Bros., Inc. in the amount
of $9,790,500, which includes the base bid and additive/ alternate items 3, 4 and 6, for South
Beach Phase Il, CC-1169; 2. Authorized the Mayor and City Clerk to execute a construction
contract with Weeger Bros., Inc. in substantially the same form as the attached sample
construction contact; 3. Accepted the..bid submitted by Donna Billick in the amount of $3411340
for art. element construction; 4. Authorized the Mayor and City .Clerk to execute a construction
contract with Donna Billick in substantially the same form as the attached` sample construction
contract; 5. Approved the redirection of Coastal Conservancy grant, and the transfer of
$2,000,000 from the Blufftop Park Erosion Protection Project to the South Beach Phase II
Improvements; and 6. Appropriated $84,000 from Park Acquisition and Development Fund and
$290,000 from the Pier Rebuilding Fund to the project account, and
Redevelopment Agency Actions: Appropriated $235,840 from the Redevelopment Agency
unencumbered fund balance to Account No. 30581004.82200. Submitted by the Economic
Development/Deputy Executive Director; the Community Services Director and the Public Works
Director. Funding Source: Total of $12,312,000 is available in the following: $9,795,840 from
Lease Revenue Bonds, 2001 Series A (includes $9.2 million for South Beach, $360,000 from bond
savings, and $235,840 for Beach Maintenance Facility construction cost reimbursement to Bond
Revenue fund from the Redevelopment Agency), South .Beach Improvements, Phase 11 Account;
$2,000,000 from a Coastal Conservancy Proposition 12 Grant; and $142,160 from Proposition 13,
Stormwater Quality Improvements Account Additionally, $84,000 from Park Acquisition and
Development Fund, $290,000 from the Pier Rebuilding Fund will be appropriated.
(City Council) Approved Use of Certified Law Clerks by the City Attorney (100.10)
Authorized the City Attorney use of certified law clerks. Submitted by the City Attorney.
Funding Source: Not Applicable. (The State Bar of California permits law students to be
certified to perform certain functions normally performed by a licensed attorney. These
functions include making court appearances and giving legal advice. All work done by the
certified law students is done under the immediate supervision of an attorney. The State Bar
requires that the client give permission for its attorney to use the services of certified law clerks.)
(9) February 18, 2003 - Council/Agency Minutes - Page 9
(City Council) Approved First Amendment to an Affordable Housing Agreement and
Approved Affordability Fee Agreement for Shea Homes Southwest, Inc. (The Tides
Project) — 77 Multi Family Units Located e/o Goldenwest Street, n/o Summit Drive
(600.10) 1. Approved the First Amendment to Declaration of Conditions, Covenants and
Restrictions for Property (Resale Restrictions) by and between the City of Huntington Beach
and.Shea Homes Southwest, Inc. and authorized the Mayor and City Clerk to sign; execute and.
record (Attachment No. 1); and 2. Approved the Affordability Fee Agreement by and between
the City of Huntington Beach and authorized the Mayor and City Clerk to sign and execute
(Attachment No. 2). Submitted by the Planning Director. Funding Source: Not Applicable.
(City Council) Approved City Council Position on Portions of the State Budget and
Legislation Pending Before the State Legislature as Recommended by the City Council
Intergovernmental Relations Committee (640.90)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar to ask staff for clarification of the Gothard Transfer Station item. Director of Public
Works Robert F. Beardsley informed Council that the city is working with the county in seeking
federal funding to clean up the Gothard Transfer Station and that no city money is being used
for the clean up.
A motion was made by Sullivan, second Hardy to approve the following:
The City Council Intergovernmental Relations Committee has reviewed the following and is
recommending that the City: Council take..a position as follows and authorize the Mayor to send
letters to the legislators reflecting the approved positions:- Motion to: Support AB 13 (Harman)
With request to amend bill to include a requirement that property transferred under this bill
include the following: 1. a deed restriction to permanently preserve and protect the land for
public access and open space; and 2. a deed restriction that if the non-profit organization to
which the property was transferred is to dissolve, the property title shall be transferred back to
the State of California, and 3. a deed restriction that the property cannot be used as collateral
or be liened against. Oppose - Transfers from the States 9-1-1 Appropriation as proposed in
the Governor's Budget. Authorize - The addition of the Gothard Transfer Station to the 2003
City Funding Priorities List. Oppose: Efforts by the National Fire Protection Association
(NFPA) to take over authority for establishing the statewide building code, and Support: The
International Code Council as the ongoing authority in establishing these codes.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green,Boardman, Cook, Houchen,. Hardy
NOES: None
ABSENT: None
(City Council) Escheated $55,203.89 of Unclaimed Funds Held by City Treasurer's Office
Over Three Years Old Per Government Code 50055 to General Fund - Approved (340.10)
Councilmember Coerper requested that this agenda item be removed from the Consent
Calendar to commend City Treasurer Shari Freidenrich for her fine work. Mayor Pro Tern
Green also applauded the City Treasurer for her diligent efforts.
(10) February 18, 2003 - Council/Agency Minutes - Page 10
A motion was made by Cook, second Green to review and approve the transfer of $55,203.89 to
the General Fund in compliance with Government Code Section 50055. The motion carried by
the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES:. None
ABSENT: None
(City Council) Approved Human Relations Task Force Appointments of Gwendolyn
Black, Lindsay Mingee, and Thorin Scott with Terms to Expire December 31, 2005
(110.20)
Councilmember Coerper requested that this agenda item be removed from the Consent
Calendar to recognize the proposed appointments. Mayor Pro Tern Green spoke regarding the
fine qualifications of all of the applicants, stating that the applications not selected have been
forwarded to other commissions.
A motion was made by Coerper, second Sullivan to approve the appointments of Gwendolyn
Black, Lindsay Mingee, and Thorin Scott as recommended by City Council Liaisons Cathy
Green and Gil Coerper with terms to expire December 31, 2005. The motion carried by the
following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council) Adopted Resolution No. 2003-17 Approving the Memorandum of
Understanding (MOU) Between the City and the Surf City Lifeguard Employee
Association for 12/21/02 through 12/31/04 (720.20)
The City Council considered a communication from the Assistant City Administrator and the
Administrative Services Director requesting Council approval of the city and the Surf City
Lifeguard Employees' Association entering into a new Memorandum -of -Understanding covering
the period of December 21, 2002 through December 31, 2004.
William Workman, Assistant City Administrator presented a PowerPoint slide show titled Review
of Proposed Memorandum -of -Understanding with SCLEA, which was announced earlier as a
Late Communication by the City Clerk.
Councilmember Sullivan received clarification from Assistant City Administrator. Workman -that
the three percent salary increase is open to negotiation for year 2004.
A motion was made by Cook, second Green to Adopt Resolution No. 2003-17 - "A Resolution
of the City Council of the City of Huntington Beach Approving and Implementing the
Memorandum of Understanding between the Surf City Lifeguard Employees Association and
the City of Huntington Beach for 12121102 — 12131/04. n The motion carried by the following roll
call vote:
AYES:
Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES:
None
ABSENT:
None
(11) February 18, 2003 - Council/Agency Minutes - Page 11
(City Council/Redevelopment Agency) Received and Filed Fiscal Year 2002/2003 First
Quarter (October 1 through December 31, 2002) Budget Report and Adopted
Recommended Actions Re: Sixty Day Hiring Freeze — Receive Transfer to General Fund
to Increase Redevelopment Agency's Debt Repayment (310.20)
The. City Council considered a communication from the City Administrator/Executive Director.
informing Council/Agency-members that the first quarter (October 1, 2002 through December
31, 2002) of the city's fiscal year 2002/2003 has been completed.
Director of Administrative Services Clay Martin presented a PowerPoint slide show titled Fiscal
Year 200212003 - 1st Quarter Budget Report, which was included. in the agenda packet.
Discussion was held among Council and staff regarding 1) if proposed sixty day hiring freeze
affects recruitment of seasonal lifeguards; 2) departments participation in ordinary and
extraordinary savings; 3) uncertainty of the state budget; and 4) equipment replacement funds.
A motion was made by Cook, second Hardy to
City Council Recommended Action:
1. Receive and file fiscal year 2002/2003 First Quarter Budget Report;
and
2: Receive transfer of $4,000;000 to the General Fund to increase the Redevelopment
.
Agency's debt repayment to General Fund;
and
3. Authorize the City Administrator to impose a complete hiring freeze for sixty days, except
for any minimum staffing requirements identified in any memorandum -of -understanding
between the city and a labor association and any recruitments currently in progress.
Redevelopment Agency Recommended Action:
1. Appropriate $4,000,000 from the Redevelopment Agency's Unreserved Undesignated
Fund to increase the Redevelopment Agency's debt repayment to General Fund.
The motion carried by the following roll call vote:
AYES:
Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES:
- None
ABSENT:
None
(City Council) Denied Relocation of 4' of July Fireworks for 2003 Due to Huntington
Beach High School Renovation and Cancelled the 2003 Fireworks Display (960.30)
The City Council considered a communication from Police Chief Kenneth W. Small, Acting Fire
Chief Duane Olson and Community Services Director Jim Engle informing Council that an
alternative site is required for the 2003 Fourth of July fireworks show because the Huntington
Beach High School Stadium will be unavailable due to renovation.
(12) February 18, 2003 - Council/Agency Minutes Page 12
Community Services Director Jim Engle presented a PowerPoint presentation with an amended
Recommended Action titled 4th of July Fireworks — Alternative Sites for 2003 which had been
announced earlier as a Late Communication by the City Clerk.
. Considerable discussion was held between Council, Police Chief Small and staff regarding the
following issues: 1.). illegal fireworks on the beach; 2) time of the beach closure after the
fireworks show; 3) availability of. fire rings to the community; 4) if additional lighting is being
considered at the beach; 5) the impact on the residents with regards to traffic; 6) police
presence of two tactical squads on the beach for crowd control; 7) availability of parking; 8)
trash issue; 9) the past history of local disturbances during the Fourth of July; 10) that large
crowds attend the Fourth of July Parade with no incidents; 11) that other beach communities
have safe and successful fireworks at the beach; and 12) the effect on overnight tourism.
Council asked Police Chief Small for his recommendation and he stated in his opinion from a
public safety standpoint that controlling a large gathering on an open public beach is not
recommended.
A motion was made by Green, second Coerper to:
Not approve relocation of the 4 h of July fireworks offshore due to potential health and safety
concerns; approve the 4�h of July Executive Board's alternative action to cancel the 2003 fireworks
because it has been determined that there is no viable alternative location, and begin plans for the
1 00thanniversary in 2004. (4th of July Executive Board Alternative Action: If the Board cannot raise
funds to offset the costs of fireworks on a barge offshore by May 16, ,or if Council does, not approve .
fireworks offshore, cancel fireworks for 2003 and begin planning for the 100th. anniversary in 2004.)
The.motion carried to deny relocation by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman
NOES: Cook, Houchen, Hardy
ABSENT: None
(City Council) Approved Request for Study Session to Compare Different Governing
Codes of Ethics (110.40)
The City Council considered a communication from Councilmember Gil Coerper transmitting the
following Statement of Issue: It has come to my attention that there are a number of
differences between the City's Code of Ethics, the State's Code of Ethics, and .some of our
related city ordinances. Due to these discrepancies, I would like to request that a City Council.,
Study Session be scheduled to review and resolve these differences.
A motion was made by Green, second Sullivan to direct staff to schedule a Council Meeting
Study Session to compare the differences and similarities of the different governing Codes of
Ethics.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None (Hardy out of room)
(13) February 18, 2003 - Council/Agency Minutes - Page 13
(City Council) Approved as Amended the Recommendations Regarding Reimbursement
for Unfunded State Mandates Imposed on the City of Huntington Beach Including
Request for the Mayor to Send a Letter to the League of California Cities (120.70)
The City Council considered a communication from Couhcilmember Dave Sullivan transmitting
the following Statement of Issue:- The city is.burdened.with costs in the hundreds of thousands`
of dollars because of programs mandated by the State of California for which there is no
reimbursement. This same action by the state where mandated costs are imposed on cities,
counties, and other local governments without financial reimbursement is a major cost to the
operation of these agencies. I believe that it is necessary to have the City of Huntington Beach
clearly identify the financial impact of these impositions and request reimbursement from the
state of California through our state representatives. Lastly, we should ask the League of
California Cities and the California State Counties Association, through our county supervisor, to
do the same.
Discussion between councilmembers resulted in amending the proposed recommended actions
to: 1) include federal (along with state) mandated programs in non -reimbursed list; 2) support
(rather than introduce) AB613 legislation and 3) consider (rather than initiate) litigation against
the state for any unfunded mandates.
A motion was made by Sullivan, second Coerper to:
1. Direct as amended staff to develop a list of all non -reimbursed state and federal
mandated programs and directives;
and
2. Direct as amended the Mayor to send letters to Senator Ross. Johnson and
Assemblyman Tom Harman requesting that they support legislation AB 613 to eliminate
unfunded mandates on local government or provide financial reimbursemen,t;
and
3. Authorize as amended the Mayor to send a letter.to the League of California Cities
requesting that they negotiate elimination of or reimbursement for state mandated costs
or consider litigation against the state for any unfunded mandates.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council) Announcement Made of Kiwanis Easter Egg Hunt/Fingerprint Booths
Mayor Pro Tern Green announced Kiwanis Annual Easter Egg Hunt where there will be three
fingerprint booths for children.
(14) February 18, 2003 - Council/Agency Minutes - Page 14
(City Council) Miss Huntington Beach Contestant Winners Recognized
Councilmember Hardy announced the Miss Huntington Beach contestant winners.
Adjournment - City Council/Redevelopment Agency.
Mayor Boardman adjourned the regular meetings of the City Council/Redevelopment Agency of the
City of Huntington Beach to an adjourned regular meeting on Friday, February 21, 2003, at 12:30
p.m. for closed session, followed by open session in Rooms C & D, Central Library, 7111 Talbert
Avenue, Huntington Beach, California.
ATTEST,-,
City Clerk -Clerk -
C� 0-4e�ait__ .
City Clerk and ex-officio Cler of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
Mayor -Chairman