HomeMy WebLinkAbout2003-03-03Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, March 3, 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 Boardman 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 Roil Call
Present: Sullivan, Coerper, Green, Boardman, Cook
Absent: Houchen, Hardy (Councilmember Hardy had requested permission to be absent from
the meeting pursuant to City Council Resolution No. 2001-54.)
Public Comments
Dennis Davenport spoke regarding the proposed gun range and the costs involved. He stated
that he believes Huntington Beach would benefit from a state-of-the-art facility. Mr. Davenport
voiced his concerns regarding a proposed partnership with the City of Fountain Valley in
developing a gun range facility.
(City Council) Study Session 1 of 2 Held — Presentation by Police Chief Re: Review of
Recommendations for Development of a Huntington Beach Police Department Law Enforcement
Firearms Training Facility — Staff to Return to Council at a Date Uncertain Re: Discussion and
Feasibility of Partnership with City of Fountain Valley for a Gun Range Facility (220.20)
Chief of Police Kenneth Small updated the City Council and made recommendations regarding
the effort to develop a law enforcement firearms training .facility.
Police Chief Kenneth Small presented a PowerPoint slide show titled Huntington Beach Police
Department Firearms Training Facility, which was included in the agenda packet. He concluded
the presentation and stated his recommendation would be to continue partnership discussion
with the Fountain Valley Police Department for development of a gun range.
Police Chief Small informed Council that Police Captain Chuck Thomas was available to answer
questions.
Considerable discussion was held between Council, Police Chief Small and staff regarding the
following concerns: 1) increased community safety; 2) increased police officer safety; 3) decreased
civil liability; 4) that the current firearms training facility may be insufficient and antiquated; 5) that a
(2) March 3, 2003 - Council/Agency Minutes - Page 2
dual use facility (civilian and law enforcement) may be high risk, management intrusive and difficult
to maintain; 6) JTF6 (Joint Task Force Six) labor grant awarded to the city which would aid in
constructing a law enforcement range facility is in inactive status; 7) potential sites have been
examined and eliminated from consideration for various reasons; and 8) no funds are budgeted for
gun range development.
Couhcitmember Coerper stated that there have been some negative responses from neighboring
communities relative to some of the aforementioned concerns.
Police Chief Small requested permission from Council to have his department move forward and
discuss the feasibility of a partnership with the City of Fountain Valley for a gun range facility.
City Administrator Silver requested that Police Chief Small return to Council at a date uncertain
with a recommended action.
(City Council) Study Session 2 of 2 Held — Presentation by Community Services Director,
Special Projects Manager and Acting Facilities Manager Re: the Conceptual Plans for
Phase II of the Huntington Central Park Sport Complex Including Projected Income -
Revenue and the Management Contract (920.10)
Jim Engle, Community Services Director; Ron Hagan, Special Projects Manager; and Dave
Dominguez, Acting Facilities Manager presented an overview of the conceptual plans for Phase II
of the Sports Complex including the management agreement, cost revenues and concessions on
banking and financing.
A PowerPoint titled Study Session on Agreement with Community Parks Foundation, Inc. for the
Purchase of Equipment and for Operation and Maintenance Services of the Phase 11 Soccer and
Hockey Facilities at Huntington Central Park Sports Complex had been announced earlier as a Late
Communication by Assistant City Cleric Liz Ehring.
Wall diagrams were available at the meeting regarding an agreement with Community Parks Inc.,
site plans, details and plant material, and site amenities.
Special Projects Manager Ron Hagan informed Council that staff had solicited requests for
proposals to various nonprofit sports organizations for the installation and management of Phase 11
and received one qualified proposal from Community Parks Foundation, Inc. (CPF). Mr. Hagan
reviewed the proposed agreement between the city and CPF regarding the prefabricated portable
sports systems, the sports arenas, and the financing based on a lease/purchase agreement.
Councilmember Coerper inquired regarding proposals and if any from out-of-state were requested.
Special Projects Manager Hagan named a number of groups and reported on their responses. He
further stated that only CPF responded with a proposal, the others wanted to do their own
prototypes.
Discussion was held among Council and staff regarding the following issues: 1) the management
agreement with Community Parks Foundation, Inc. (CPF); 2) bank agreement for the financing of
the equipment based on a lease/purchase agreement; 3) that the opening of Phase 11 will cover the
shortfall from Phase I, making this project self-supporting; and 4) other opportunities for revenue.
Mayor Boardman thanked everyone for their Study Session presentations.
(3) March 3, 2003 - Council/Agency Minutes - Page 3
Motion to Recess to Closed Session - Approved
A motion was made by Sullivan, second Green to recess to Closed Session on the following items.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook
NOES: None
ABSENT: Houchen, Hardy
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 Huntington Beach Police Officers Association, et al. v.
City of Huntington Beach et al.; Orange County Superior Court Case No. OOCC15105, Court of
Appeal Case No. G030072 [Per Diem]. Subject: Huntington Beach Police Officers Assn.,
et al. v. City of Huntington Beach, et al. (120.80)
(City Council) Closed Session - Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
City is a party. The title of the litigation is Huntington Beach Police Officers Association v. City
of Huntington Beach; Orange County Superior Court Case No. OOCC10254 [Workers'
Comp/Health Insurance]. Subject: Huntington Beach Police Officers Association v. City of
Huntington Beach. (120.80)
(City Council) Closed Session - Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has. been initiated formally and to which the
City is a party. The title of the litigation is Huntington Beach Police Officers Association v. City of
Huntington Beach; Orange County Superior Court Case No. OOCC13068 [PacifiCare]. Subject:
Huntington Beach Police Officers Association v. City of Huntington Beach. (120.80)
(City Council) Closed Session - Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
City is a party. The title of the litigation is Charles Nowotny v. Johnson, City of Huntington
Beach, et al.; U.S. District Court Case No. CV 99-13098-FMC. Subject: Charles Nowotny v.
Johnson, City of Huntington Beach, et al. (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. Subject: Potential Litigation re: Breach of
Contract. (120.80)
(City Council) Closed Session -- Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
City is a party. The title of the litigation is City of Huntington Beach v. Orange County Water
District; Orange County Superior Court Case No. 815921, Court of Appeal Case No. G029778.
Subject: City of Huntington Beach v. Orange County Water District. (120.80)
(4) March 3, 2003 - Council/Agency Minutes - Page 4
Reconvened City Council/Redevelopment Agency Meeting — 7:10 P.M. — Council Chambers.
City Council - Redevelopment Agency Roll Call
Present: Sullivan, Coerper,.Green, Boardman, Cook
Absent:. Houchen, Hardy
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Boardman asked City Attorney Jennifer 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 — Led by Brownie Troop 2190 from Moffett and Peterson
Elementary Schools, Co -Leaders Sherry Rachman and Sandie Justin, with Girl Scout Carey Huss.
Late Communications Announced
Pursuant to the Brown (Open Meetings) Act, Assistant City Clerk Liz Ehring announced Late
Communications regarding agenda items that had been received by her office following
distribution of the agenda packet:
Communication received February 28, 2003 from the Community. Services Department entitled
Study Session on Agreement with Community Parks Foundation, Inc. for the Purchase of
Equipment and for Operation and Maintenance Services of the Phase 11 Soccer and Hockey
Facilities at Huntington Central Park Sports Complex.
Slide show presentation received March 3, 2003 from the Administrative Services Department, the
Economic Development Department and the Community Services Department titled Emerald Cove
Rent Structure Analysis.
Presentation to Mayor Connie Boardman and the Acting Library Director, Sherrie Daugherty,
checks by three Library Support Group Presidents: JoAnne Rankin, Friends of the Children's
Library, for $15,000; Norma Brandel Gibbs, Library Patrons Foundation, for $19,500; and Dorothy
Boesch, Friends of the Library, for $100,000; totaling $134,500. Acting Library Director Sherrie
Daugherty informed Council that these groups give thousands of hours of their time to the library
and extended Ron Hayden's, Library Director, gratitude for the donations. Mayor Boardman
congratulated Library Services Director, Ron Hayden, on his recovery from surgery. (160.40)
Presentation by Mayor Connie Boardman to Kori Flechtner, Executive Director, Designated
Drivers Association (DDA) of Orange County, commending DDA of Orange County and their
volunteers for the very important work they do in keeping intoxicated drivers off the road. Ms.
Fletcher thanked the mayor and announced the phone number of 866-949-7233 for anyone
interested in volunteering. (160.40)
Moment of Silence Observed
Mayor Boardman announced the passing of Councilmember Houchen's mother and requested
a moment of silence to extend condolences to the family.
(5) March 3, 2003 - Council/Agency Minutes - Page 5
Public Comments
Jennifer Gonzalez, Public Relations Manager for the Gas Company, introduced herself and
announced that she is the contact for comments, concerns or questions.
Debbie Borden offered a prayer due to the absence of the Invocation from the agenda.
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Plans and Specifications and Advertisement for Bids for Oakview Skate Park
Plaza Improvement Project, CC-1216 (600,80)
(City Council) Lease with the Orange County, California Genealogical Society for Use of
Meeting Room Space at the Huntington Beach Central Library (600.10)
Consent Calendar — Items Approved
On motion by Green, second Coerper Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook
NOES: None
ABSENT: Houchen, Hardy
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency regular meetings of January 6, 2003 as written and on file
in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Adopted Resolution No. 2003-18 Authorizing Submission of Proposal to
the Orange County Social Services Agency for Families and Communities Together
(FaCT) Grant and Authorizing Library Services Director to Sign FaCT Grant Agreement
(340.60) - 1. Adopted Resolution No. 2003-18 - "A Resolution of the City Council of the City of
Huntington Beach Authorizing the Submission of a Proposal to the Orange County Social
Services Agency for Families and Communities Together (FaCT) Grant and Authorizing the
Director of Library Services to Sign FaCT Grant Agreement, " and 2. Authorized the Mayor to
sign letter to County of Orange Social Services Agency forwarding the city's written proposal
(Attachment 2). Submitted by the Library Services Director. Funding Source:. Children's
Bureau of Southern California will distribute funds in the amount of $34,360 to Oak View
Collaborative of which Huntington Beach Library is a funded partner. A 10% in -kind city match
is required.
(City Council) Adopted Resolution No. 2003-19 Finding and Declaring Weeds and
Rubbish a Public Nuisance and Fixing May 19, 2003 as the Administrative Public Hearing
Date for Protests and Objections to the Abatement Thereof (520.80) - Adopted Resolution
No. 2003-19 - "A Resolution of the City Council of the City of Huntington Beach Finding and
Declaring That Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on
Public Ways and Private Property are a Public Nuisance, and Fixing the Time for Hearing
Protests and Objections to the Abatement Thereof"for May 19, 2003. Submitted by the Public
Works Director. Funding Source: No funds are required at this time.
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March 3, 2003 - Council/Agency Minutes - Page 6
(City Council) Approved Services Contract between the City and Spectrum Sports
Management, LLC For Sponsorship Development of Community Services Department
Programs and Facilities (600.10) - Approved the Services Contract between the City of
Huntington Beach and Spectrum Sports Management, LLC for Sponsorship Development, and
authorize the Mayor and City Clerk to execute same. Submitted by the Community Services
Director and the Special Projects Manager. Funding Source: Not Applicable.
(City Council) Approved Promotional Agreement between the City and Chevrolet
Division, General Motors Corporation (GMC) for Provision of Vehicles for Marine Safety
Operation (600.10) - 1. Approved Promotional Agreement with Chevrolet Division, General
Motors Corporation, and authorize the Mayor and City Clerk to execute same; and 2. Approved
Section 6 of the agreement, which includes city's indemnification obligations to GMC.
Submitted by the Community Services Director. Funding Source: Not applicable; agreement
saves the General Fund approximately $500,000 each year in vehicle acquisition costs.
(City Council) Approved Plans and Specifications and Authorized Advertisement for Bids
for Oakview Skate Park Plaza Improvement Project, CC-1216 (600.80)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar to inquire about the use of Park Acquisition and Development (PA&D) funding for this
project.
City Administrator Ray Silver informed Council that staff would review the proposed partial
funding from the Park Acquisition and development Fund and determine if the Community
Development Block Grant (CDBG) Unprogrammed fund Account.could be used as an alternate
funding option.
A motion was made by Sullivan, second Coerper to approve the project plans and
specifications, and authorize the Director of Public Works to request bids for Oakview Skate
Park Plaza Improvement Project, CC-1216.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook
NOES: None
ABSENT: Houchen, Hardy
(City Council) Approved Lease with the Orange County, California Genealogical Society
for Use of Meeting Room Space at the Huntington Beach Central Library (600.10)
Mayor Pro Tem Green requested that this agenda item be removed from the Consent Calendar
to confirm that the California Genealogical Society, a non-profit organization, is able to afford
the proposed monthly rent.
Real Estate Manager Amy Bodek responded and informed Council that she negotiated the
lease with the California Genealogical Society and that its Board of Directors approved the
proposed agreement.
(7)
March 3, 2003 - Council/Agency Minutes - Page 7
A motion was made by Green, second Coerper to approve the proposed lease with the Orange
County, California Genealogical Society for the regular use of meeting space at the Huntington
Beach Central Library as set forth in the terms and conditions of the attached lease titled
Agreement By and Between the City of Huntington Beach and the Orange County, California
Genealogical Society For the Use. of City Owned Genealogical Materials
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook
NOES: None
ABSENT: Houchen, Hardy
(City Council/Redevelopment Agency) Approved Execution of Grant Deed Transferring
Title from Agency to the City - Reviewed Existing Rent Structure at Emerald Cove
Affordable Housing Senior Citizen Apartment Complex Located at 18191 Parktree Circle —
Make Appropriate Recommendations for Future Rent Increases (650.80)
The City Council considered a communication from the Administrative Services Director, the
Community Services Director and the Economic Develop ment/Deputy Executive Director.
informing Council that project revenues are insufficient to cover the total operating expenses of
the Emerald Cove senior housing project. The staff report sets forth that revisions to the rent
structure will result in the project becoming more financially viable. In addition, this report
presents a summary of other issues facing Emerald Cove.
Real Estate Manager Amy Bodek presented a slide titled Emerald Cove Rent Structure Analysis;
which had been announced earlier as a Late Communication by Assistant City Clerk Liz Ehring.
Council received clarification from Real Estate Manager Amy Bodek and Deputy Executive
Director David Biggs regarding the following issues: 1) covenants for preferred affordability
levels; 2) proposed rent increases for existing and new tenants; 3) protection for eAsting
residents from economic displacement; 4) need for immediate maintenance repairs; 5) the
Redevelopment Agency (RDA) debt to the Park Acquisition and Development (PA&D) Fund;
and 6) application for Federal Section 8 Housing certificates (vouchers) from the County of
Orange to prevent economic displacement of tenants in the event of a future sale.
Ms. Bodek informed Council that staff would report back in a year to decide whether to pursue a
sale or retain ownership of the project.
A motion was made by Green, second Coerper to:
Redevelopment Agency Action:
1. Authorize the Agency Chair and Agency Clerk to execute a Grant Deed transferring title of
Emerald Cove from the Redevelopment Agency to the City of Huntington Beach.
City Council Actions:
1. Authorize the City Cleric to accept, record and file the Grant Deed transferring title of
Emerald Cove from the Redevelopment Agency to the City of Huntington Beach;
and
(8) March 3, 2003 - CouncillAgency Minutes - Page 8
2. Appropriate $500,000 in Unreserved, Undesignated Fund Balance from the Emerald Cove
Enterprise Fund for deferred maintenance of Emerald Cove buildings and grounds;
and
3. Transfer $243,000 from the Emerald Cove Enterprise Fund to.the Park Acquisition and
Development Fund in the form of debt repayment by the Redevelopment Agency. Since this
debt originated via Redevelopment Agency assistance, $243,000 will be credited against the
Redevelopment Agency's debt owed the Park Acquisition and Development Fund;
and
4. Direct the City Attorney's office to prepare Conditions, Covenants and Restrictions which
restrict one-half of all units to residents earning 50% or less than the area median income
(Very -Low) and restricts one-half of all units to residents earning 80% or less than the area
median income (Low), provided that existing tenants be °grandfathered" from having to
meet income affordability restrictions;
and
5. Approve a new rent schedule, effective April 1, 2003, for existing and new tenants, as
discussed herein;
and
6. Direct staff to work with the County of Orange Housing Authority to apply for tenant and/or
project -based Section 8 Housing certificates to prevent economic displacement of tenants
in the event of a future sale.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook
NOES: None
ABSENT: Houchen, Hardy
(City Council) Adopted Resolution of Intent No. 2003-20 - Approved Introduction of
Ordinance No. 3601 Amends Contract with PERS to Provide (1.) Section 21548 Pre -
Retirement Optional Settlement 2 Death Benefit and (2.) Section 21574 (Fourth Level of
1959 Survivors' Benefits) for Local Miscellaneous Members - Municipal Employees'
Association (MEA) and Management Employees' Organization (MEO) (720.20) .
Councilmember Coerper received clarification from Assistant City Administrator William
Workman that this benefit would be a subject of "meet and confer" with the Police Officers'
Association (POA).
The Assistant City Clerk read Ordinance No. 3601 by title. A motion was made by Coerper, second
Green to:
1. Adopt Resolution No. 2003.20 - "A Resolution of the City Council of the City of Huntington
Beach: (A) Stating the City Council's Intention to Approve an Amendment to the Existing
(9) March 3, 2003 - CounclUAgency Minutes - Page 9
Contract Between the Board of Administration of the California Public Employees' Retirement
System and the City Council of the City of Huntington Beach; and (B) Providing Notice that on
April 7, 2003, the City Council will Consider Adoption of Ordinance No. 3601, Approving Said
Contract Amendment; the Subject Matter Being the Provision of Section 21548 Pre -Retirement
Optional Settlement 2.Death Benefit and Section 21574 (Fourth Level of 1959 Survivors
Benefits) For Local Miscellaneous Members,"
and
2. Approve introduction of Ordinance No. 3601 — "An Ordinance of the City of Huntington
Beach Authorizing an Amendment to the Contract Between the City Council and the Board
of Administration of the California Public Employees' Retirement System Regarding the
Provision of Pre -Retirement Optional Settlement 2 Death Benefits and Fourth Level of 1959
Survivor Benefits For Local Miscellaneous Members."
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook
NOES: None
ABSENT: Houchen, Hardy
(City Council) Approved Formation of City Council Ad Hoc Committee to Review City
Boards, Commissions; Committees, and Task Forces - Appointed Councilmembers
Coerper, Houcheh and Hardy4s. Committee Members (120.25)
The City Council considered a communication from Mayor Connie Boardman transmitting the
following Statement of Issue: As part of the Council Workshop on February 21, 2003, the role
of Council liaisons was discussed. This discussion led to a broader discussion about the
number of committees, boards, commissions and task forces the city has. A desire was
expressed by some Councilmembers to form a Council Committee to study the issue and
address the role of the Council liaison as well as the possibility of combining some of the boards
and commissions. Both Council Members Pam Houchen and Jill Hardy expressed an interest in
being on such a committee. I offered to bring this issue forward as an H item for Councii action
at our next Council Meeting.
A motion as amended by adding Councilmember Coerper as the third committee member
was made by Boardman, second Cook to approve the establishment of a Council Ad -Hoc
Committee with members appointed by the Mayor, to examine the role of Council liaisons in
committees and to make a recommendation to the entire Council regarding the number of
committees, boards, commissions and task forces currently in existence in the city. The
committee would be an ad hoc Council Committee, which would be disbanded upon making its
recommendations to the Council. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook
NOES: None
ABSENT: Houchen, Hardy
(City Council) Condolences Extended to Councilmember Pam Houchen
Mayor Pro Tern Green offered her condolences to the Houchen family for the passing of
Councilmembers Houchen's mother.
(10) March 3, 2003 - Council/Agency Minutes - Page 10
(City Council) Announcement of Amy Bodek, Manager of Real Estate. Departure from the
City for Employment with the City of Long Beach
Mayor Boardman announced that Amy Bodek, Manager of Real Estate, is leaving the city to
return to the City of Long Beach and will be missed.
Adjournment — City Council/Redevelopment Agency
Mayor Boardman adjourned the regular meetings of the City Council/Redevelopment Agency of the
City of Huntington Beach to Friday, March 14, 2003, at 1:00 p.m., in Rooms C & D, Central Library,
7111 Talbert Avenue, Huntington Beach, California.
ATTEST:
45, 6 W I
7 � —
City Clerk -Clerk
IS/ Connie Brockway
City Clerk and ex -off icio Clerk ot the Cily-
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
By: clrlor
A istant City CWFk
Mayor -Chairman