HomeMy WebLinkAbout2003-04-07Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, April 7, 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 B$,
City Council/Redevelopment Agency Meeting Roll Call
Present: Coerper, Green, Boardman, Houchen, Hardy (Cook arrived at 5:35 p.m.) (Councilmember
Sullivan had requested permission to be absent from the meeting pursuant to Resolution
No. 2001-54.)
Absent: Sullivan
Pursuant to the Brown Act (Open Meetings Act) the City Clerk Announces Late
Communications Received by Her Office Which Pertain to Items on the Agenda
(1) Copies of late communications submitted by City Councilmembers or City Departments are
available for the public at the City Clerk's desk. (2) Late communications submitted by
members of the public will be made available to the public at the City Clerk's Office the morning
after the Council meeting.
Communication regarding Study Session No. 2 dated April 7, 2003, submitted by DTSC
(Department of Toxic Substances Control) of a PowerPoint presentation titled DTSC
Presentation to H. B. City Council Study Session Fieldstone Property & Residential Area.
Public Comments
Dean Albright spoke regarding the Fieldstone Property dumpsite and the PCB (Polychlorinated
Biphenyl) Contamination.
Eileen Murphy inquired if the entire Fieldstone Property is to be checked for PCB as well as
adjacent properties.
Mark Bixby informed Council that he believes real soil samples should be checked as well as
the methane issue which he believes is severe. Mr. Bixby recommended additional testing in
the Parkside area.
Bob Dingwall stated he is a nearby resident affected by the PCB contamination and urged that
dangerous toxics be removed as he believes that is the only acceptable form of remediation.
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April 7, 2003 - Council/Agency Minutes - Page 2
(City Council) Study Session #ref Held — Presentation Made by Administrative Services
Department's Finance Division and City Auditors, Caporicci $ Larson, Certified Public
Accountants Re: Fiscal Year 2001/2002 Comprehensive Annual Financial Audit Report (300.20)
Director of Administrative Services Clay Martin, Finance Officer Dan Villella, and auditors,
Caporicci & Larson, CPA provided a review of the city's fiscal year 2001/2002 Comprehensive
Annual Financial Audit Report (CAFR).
Finance Officer Dan Villella presented a PowerPoint slide show titled Fiscal Year 2001/2002
Comprehensive Annual Financial Report (CAFR) which was included in the agenda packet.
Finance Officer Villella reported that the City received an "Unqualified" or clean opinion, which is
the highest possible mark. In conclusion he stated that the city ended fiscal year 2001/2002
with an undesignated, unreserved fund balance of $3.78 million.
Discussion was held amongst Council, Director Martin and Finance Officer Villella regarding the
content and format of the CAFR (Comprehensive Annual Financial Report). Director Martin
clarified that to condense the report the term, "other" was used and that all of the detailed
information is on file and available. He concluded that the recommendations made by Council
to improve the format would be considered for future CAFR's.
Mayor Boardman thanked everyone for the presentation.
(City Council) Study Session #2 Held — Presentation Made by the Fire Department Re:
Overview by the Department of Toxic Substances Control (DTSC) — Includes a Report on
Health and Safety Issues and Current Action Plan for Remediation Regarding PCB
Contamination Found Inside the Balsa Chica Area and Impacted Residential Areas Near
the End of Graham on the Fieldstone Property (Impacting the Residential Area in the
Balsa Chica near Graham Street) (520.20)
Acting Fire Chief Duane Olson introduced Unit Chief Greg Holmes, and representatives Greg
Sweet and Leticia Hernandez from the Department of Toxic Substances Control (DTSC).
Acting Fire Chief Olson announced a Late Communication of a PowerPoint presentation titled
DTSC Presentation to H. B. City Council Study Session - Fieldstone Property & Residential
Area.
Unit Chief Holmes presented the PowerPoint slide show titled DTSC Presentation to H. B. City
Council Study Session Fieldstone Property & Residential Area, which had been announced earlier
as a Late Communication by the City Clerk. His presentation provided an overview of the issues
associated with the Polychlorinated Biphenyl (PCB) contamination found in the Fieldstone property
inside the Balsa Chica area and impacted residential properties in Huntington Beach near the end
of Graham Street. Chief Holmes referred to the charts displayed showing the locations of the
tested areas.
Considerable discussion was held amongst Council, Unit Chief Greg Holmes and DTSC
representative Greg Sweet regarding matters including: 1) risk assessment; 2) determination for
remediation and cleanup alternatives; 3) public notice for community input of an acceptable
work plan; 4) anticipated time line reported of June 2003 estimated; 5) cautionary measures
provided to residents discussed; 6) if the contamination was in the soil prior to the houses being
built; 7) how PCB was and is spread; 8) State funding for cleanup of contaminated residential
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April 7, 2003 - CouncillAgency Minutes - Page 3
soil; 9) PCB in dust caused by wind, according to the toxicologist report, is so insignificant that it
should not be a health concern; 10) research indicates that the contaminated area is isolated
and it is expected only a few more house sites will be tested; 11) the contractor will restore the
residents' landscaping after the contaminated soil is removed; and 12) plans for future public
meetings.
Council requested that mailers be sent to residents to inform them of the scope of work being
developed for soil removal.
Mayor Boardman stated the urgent need to remedy this situation. She thanked everyone for
their presentations.
Motion to Recess to Closed Session — Approved
A motion was made by Cook, second Houchen to recess to Closed Session on the following items.
The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES: None
ABSENT: Sullivan
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation, which has been initiated formally and to which the
agency is a party. The title of the litigation is Mills Land & Water Company v. City of
Huntington Beach, et al., Court of Appeal Case No. G020490, Orange County Superior Court
Case No. 739412 ("Mills I"); Mills Land & Water Company v. City of Huntington Beach, et
al.; Orange County Superior Court Case No. 763624 ("Mills II"). Subject: Mills Land & Water
Company v. City (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 Edward Resek v. City of Huntington Beach, et al.;
U. S. District Court Case No. CV 99-09909. Subject: Resek 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 Barbara Lawrence and Earl Lawrence v. City of
Huntington Beach, U. S. District Court Case No. CV 99-09909. Subject: Barbara Lawrence
and Earl Lawrence v. City of Huntington Beach. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation, which has been initiated formally and to which the
agency is a party. The title of the litigation is Marie Hansen v. City of Huntington Beach, et
al., Orange County Superior Court Case No. 02CC11272. Subject: Marie Hansen v. City of
Huntington Beach, et al. (120.80)
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April 7, 2003 - Council/Agency Minutes - Page 4
City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer
with its city attorney regarding pending litigation. 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 to 200. Subject: Potential Litigation (120.80)
(Redevelopment Agency) Closed Session — Pursuant to Government Code Section 54956.8
to give instructions to the Agency's Negotiators, Ray Silver and David Biggs, regarding
negotiations with John Given and CIM Group, LLC. The instructions concern an
implementation agreement regarding the terms and conditions for the purchase of the property
located at Blocks 104 & 105 (Bounded by PCH, Main Street, Walnut Avenue and 61' Street).
Instruction will concern: Both price and terms of payment. Subject: Real Property Negotiation
Blocks 104 & 105, an area bounded by PCH. Walnut, Main & 6" Street in the City of
Huntington Beach (400.50)
City Council- Redevelopment Agency Roll Call
Present: Coerper, Green, Boardman, Cook, Houchen, Hardy
Absent: Sullivan
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on Monday, April 7, 2003 Pursuant to Government Code Section 54956.9(a) Re:
Marie Hansen v. City of Huntington Beach, et al., Orange County Superior Court Case No.
02CC11272 (Council on AginglESI (Ecumenical Services, Inc.)) (120.80)
City Attorney Jennifer McGrath announced that on Monday, April 7, 2003 the City Council
convened in closed session to discuss potential litigation regarding Marie Hansen v. City of
Huntington Beach, et al. City Attorney McGrath handed City Clerk Connie Brockway the
related communication titled (Initiate Litigation) Report of Action Taken Pursuant to Government
Code Section 54957.1(a)(2); April 7, 2003, City Council Close Session which reflected her oral
statement.
On Monday, April 7, 2003, the City Council convened in closed session to discuss the matter of
Marie Hansen v. City of Huntington Beach, et al., Orange County Superior Court Case No.
02CC 11272.
City Council voted to file a cross -complaint against the Council on Aging & ESI for
indemnification and declaratory relief. The Council voted as follows: 6 Ayes; 0 Noes; 0
Abstentions; and 1 Absent (Sullivan absent at vote.)
Flag Ceremony/Pledge of Allegiance — Brownie Troop 821 St. Simon & Jude. Pat Illencik,
Leader.
Moment of Silence Observed
Mayor Boardman requested observation of a moment of silence to reflect on the issues before
us this evening.
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April 7, 2003 - Council/Agency Minutes - Page 5
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:
Communication regarding Study Session No. 2 dated April 7, 2003, submitted by DTSC
(Department of Toxic Substances Control) of a PowerPoint presentation titled DTSC
Presentation to H. B. City Council Study Session Fieldstone Property & Residential Area.
Communication from City Treasurer Shari Freidenrich requesting the removal of the introduction of
Ordinance 3603 from the Council Agenda. This item requires a minor revision and will be placed on
the Council Agenda for Monday April 21, 2003.
Communication from Bob Polkow dated April 7, 2003 in opposition of Agenda Item which would
authorize the Mayor to send a letter on behalf of the city supporting the funding request by the
Huntington Beach Wetlands Conservancy for a Grant for acquisition of 46 aces at the Huntington
Beach Wetlands.
Presentation made by Mayor Connie Boardman, Certificates to AYSO (American Youth Soccer
Organization) Region 117 Under 10 Boys' Team, the Golden Eagles team that placed second in
the AYSO sectional playoffs for the Southern California Championships. Coaches are Marissa
and Issa Demes; Team Mom is Teresa Clouse. (160.40)
Presentation made to Mayor Connie Boardman and the City Council by Jannette Johnson
Teacher, and her fourth and fifth grade classes from Oka Elementary School, Huntington Beach.
Students Brianna Webster, Kevin Callahan and DO Ammar will speak about their school project,
Project Ocean Pollution Solution also known as Operation O.P.S. The class received a $400 grant
from the Blue Planet Foundation to support their field trips. This whole endeavor is to create a
scrapbook -like project to enter into the Jiminy Cricket Environmentality Challenge. (160.40)
Public Comments
Brad White representative of Yellow Ribbons America addressed Council and described what the
organization is doing to support the troops. He asked Council to consider the use of stickers and
yellow ribbons, which are available at no charge. Mr. White urged all to participate to iet service
members know they are supported and that their return home is much awaited.
Mickey Pitre, American Legion representative, spoke in support of the agenda item requesting the
City's participation in the Blue Star Program. Mr. Pitre displayed the various Blue Star Flags and
explained their meaning. He stated that the American Legion has a website with contact phone
numbers in addition to calling him at American Legion (714) 846-9202.
Gary Gorman urged Council to support the agenda item regarding the funding request by the
Huntington Beach Wetlands Conservancy for a grant for the acquisition of 46 acres at the
Huntington Beach Wetlands.
Debbie Borden spoke in opposition to the lack of the Invocation on the agenda. She offered a
prayer.
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April 7, 2003 - Council/Agency Minutes - Page 6
Ben Rockwell, California for Disability Rights, spoke in favor of the proposed ordinance repealing
Chapter 10.88 of the Huntington Beach Municipal Code Relating to Self -Propelled Wheelchairs that
will be introduced at the next council meeting. Mr. Rockwell spoke in opposition to the existing
ordinance and requested that Council approve the forthcoming proposed ordinance.
Mayor Boardman asked Mr. Rockwell to submit a follow up card regarding the forthcoming
ordinance.
Roseann Andrus, representing Orange County Association for Education of Young Children
requested that a Councilmember or Children Needs Task Force member or a city staff member
attend the upcoming Child Care City to City Forum. Ms. Andrus distributed a brochure to Council
titled Success by 6.
Nancy Donovan requested all to attend the public hearing on April 10, 2003 of the Ocean View
District Advisory Commission regarding the disposition of the Balsa Chica property owned by
the school district.
Fred Provencher, Huntington Beach Human Relations Task Force, informed Council of the
organization's work to combat Hate Crimes. Mr. Provencher thanked Police Chief Kenneth
Small for attending their last meeting and expressed his appreciation for Council's support.
Amanda Graybill informed Council that her son is in the Unites States Marine Corps. Mrs.
Graybill thanked Council for supporting the Yellow Ribbon America campaign. She announced
there is a support group called Military Families Unite at the First Christian Church and invited
all to attend.
Police Chief Kenneth Small informed Council that the proposed ordinance repeating Chapter
10.88 of the Huntington Beach Municipal Code relating to Self -Propelled Wheelchairs would be
on the next agenda for introduction. Chief Small stated that the current code is not being
enforced.
(City Council) City Council Reported — Re; 1) Support AB 1221 (Steinberg /Campbell)
Taxation, Local Government Funding; 2) Support Yellow Ribbon Program (640.90)
Councilmember Houchen reported on AB 1221, (Steinberg I Campbell) Taxation, Local
Government Funding, which would promote greater fiscal fairness for cities. The proposed
Assembly Bill 1221 will affect the property tax allocation and sales tax.
Councilmember Coerper thanked Assistant City Administrator William Workman for assisting in
getting the Yellow Ribbon Program started.
(City Council) City Administrator Reported Re: Beach Outlet Storm Water Treatment
Project (600.75)
Director of Public Works Robert F. Beardsley reported on the agenda item regarding the Beach
Outlet Storm Water Treatment Project. Director Beardsley informed Council that this project
has been approved by the State Water Resources Control Board as part of a $4 million grant for
storm water duality improvements. He stated that the funds are from a Proposition 13, 2000
Water Bond Act Grant. Mr. Beardsley informed Council that trash, debris and other particulate
matter will be removed at critical locations at the storm drain outlets.
(7) April 7, 2003 - Council/Agency Minutes - Page 7
(City Council/Redevelopment Agency) Joint Public Hearing Held — Approved Sale to LGB
Investments, LP, of Agency Owned Property — 438 Main Street (Main Pier Redevelopment
Project Sub -Area) — Adopted Resolution No. 2003-24 and Agency Resolution No. 344 (650,70)
Councilmember Houchen recused herself from consideration of this item due to a potential conflict
of interest as she has a property listing across the street from this property.
Mayor Boardman announced that this was the time noticed for a public hearing to consider the
following:
.Joint public hearing to consider the sale of 438 Main Street, a commercial two-story office building
consisting of approximately 4,250 square feet on a 5,750 square feet parcel, (Assessor's Parcel
Number 24-134-02). The property is located in the Huntington Beach Redevelopment Project Area,
specifically in the Main -Pier sub -area.
As required by California Redevelopment Law (Section 33433), a report on the sale is available for
public inspection in the City Clerk's Office and in the Department of Economic Development. The
report summarizes the costs of the sale agreement, the estimated value of the interest to be
conveyed to LGB Investments, LP as determined at the highest and best uses permitted under the
Redevelopment Plan, the estimated value of the interest to be conveyed and the purchase price of
$950,000. Interested persons may inspect and, upon payment of the costs of reproduction, obtain
copies of the 33433 Report and sale documents.
At any time not later than the hour set forth above for the hearing, comments on the proposed
sale may be submitted in writing to the City/Agency Clerk.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Economic Development/Deputy Executive Director David Biggs presented a PowerPoint slide
report titled Sale of 438 Main Street, which is included in the agenda packet.
Mayor Boardman declared the public hearing open.
There being no persons present to speak on the matter and there being no protests filed, either
written or oral, the Mayor declared the public hearing closed.
A motion was made by Coerper, second Hardy to:
City Council Action: Adopt Resolution No. 2003-24 — "A Resolution of the City Council of the
City of Huntington Beach Approving the Sale of Property Located within the Huntington Beach
Redevelopment Project Area."
The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Hardy.
NOES: None
ABSENT: Sullivan
ABSTAIN: Houchen Recused
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April 7, 2003 - Council/Agency Minutes - Page 8
A motion was made by Cook, second Green to:
Redevelopment Agency Action: Adopt Agency Resolution No. 344 — "A Resolution of the
Redevelopment Agency of the City of Huntington Beach Approving the Sale of Property Located
within the Huntington? Beach Redevelopment Project Area" and authorize the Mayor/Agency
Chairperson and the City/Agency Clerk to execute the Standard Offer, agreement and Escrow
Instructions with LGB Investments, a limited partnership in the amount of $950,000.
The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Hardy.
NOES: None
ABSENT: Sullivan
ABSTAIN: Houchen Recused
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Resolution No. 2003-23 - Side Letter of Agreement to the Fiscal Year 200212003
Memorandum of Understanding (MOU) between the City and Miscellaneous (Non -Safety and
Non -Associated) Members of the Police Officers' Association (POA) - California Public
Employees' Retirement System (CaIPERS) (720.20)
(City Council) Professional Services Contract between the City and Intergraph Public Safety Inc.
for a Police Computer Aided Dispatch/Records Management System (CAD/RMS) (600.10)
(City Council) City Council Positions on Legislation Pending Before the Federal and State
Governments and the Orange County Board of Supervisors as Recommended by the City
Council Intergovernmental Relations Committee (640.90)
Consent Calendar — Items Approved
On motion by Houchen, second Cook Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: Sullivan
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council Regular meeting of January 21, 2003 as written and on file in the Office of the City
Clerk. Submitted by the City Clerk.
(City Council) Received and Filed the 2002 Mobile Home Advisory Board (MHAB) Annual
Summary Report (430.80) — Received and filed the Mobile Home Advisory Board (MHAB)
2002 Summary Report. Submitted by the Economic Development Director. Funding Source:
Not applicable.
(9) April 7, 2003 - Council/Agency Minutes - Page 9
(City Council) Received and Filed the Huntington Beach City Charter as Codified to Include
Measures EE: Property Rights Protection Measure and Measure FF: Creation of
Infrastructure Fund; Adopted by the Voters at the March 5, 2002 Special Municipal Election
(and Approved Correction of 1982 Typographical Error in Charter Section 700) (610.20) - 1.
Received and filed the codified City Charter of the City of Huntington Beach, as revised by the
inclusion of Measure EE: Property Rights Protection Measure and Measure FF: Creation of
Infrastructure Fund approved by the voters at the Special Municipal Election of March 5, 2002;
and 2. Approved the correction of the typographical error made when codifying Section 700 into the
City Charter following the November 2, 1982 Municipal Election as follows: City Charter Section
700 should be corrected to read: Section 700. GENERAL MUNICIPAL ELECTIONS. General
municipal elections shall be held in the city on the first Tuesday after the first Monday in November
in each even -numbered year. City Charter Section 700 incorrectly reads: Section 700.
GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the City on the
first Tuesday in November in each even numbered year. Submitted by the City Clerk. Funding
Source: Not applicable.
(City Council) Accepted Bid and Awarded Construction Contract to Elite Bobcat Service,
Inc. for Speer Avenue and Liberty Avenue Street Improvement Project; CC-1142 - Oak View
Neighborhood Enhancement Area (Street Widening, Curb and Gutter, Sidewalk and
Landscaping) (600.50) —1. Accepted the lowest responsive/responsible bid submitted by Elite
Bobcat Service, Inc. in the amount of $249,480 for the Speer Avenue and Liberty Avenue Street
Improvement Project, CC-1142; and 2. Authorized the Mayor and City Clerk to execute a
construction contract with Elite Bobcat Service, Inc. in substantially the same form as the attached
sample construction contract. Submitted by the Economic Development Director and the Public
Works Director. Funding Source: CDBG Fiscal Year 1999-2000, Street Improvements Account and
Measure M, Miscellaneous Streets Account.
(City Council) Accepted Huntington Beach Grammar School Grant Deed for the State
Funded Safe Routes to School, Second Cycle Project, CC-1210 for Design and Construction
of Street Improvements and Signal Poles elo 17th Street and Palm Avenue (650.80) —
Authorized the City Clerk to accept, record and file the Huntington Beach Grammar School District
Grant Deed. Submitted by the Public Works Director. Funding Source: Not required.
(City Council) Approved Special Utility Easement Agreements and Authorized Public
Works Director to Execute Re: Pipeline Repairs, Replacement and Surface Uses for All
Applicable Future Developments (600.10) - Authorized the Director of Public Works to execute
Special Utility Easement Agreements for all applicable future developments, in substantially the
same form as the attached agreement, which has been approved as to form by the Office of the
City Attorney. Submitted by the Public Works Director. Funding Source: Not applicable.
(City Council) Approved Correction Per Reimbursement Agreement to Transfer Funds
into Planning Department Account for Payment of Environmental Impact Report (EIR)
Prepared by RBF Consulting Relative to Poseidon Resources Corporation Seawater
Desalination Plant Proposed on AES, Huntington Beach Property at Pacific Coast
Highway and Newland Street (600.10) —Authorized the Director of Administrative Services to
appropriate funds in the amount of $51,173 from the City's General Fund Unappropriated Fund
Balances into the Planning Department's Contractual Services Account Number
10060201.69365. Submitted by the Planning Director.
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April 7, 2003 - Council/Agency Minutes - Page 10
(City Council) Approved Plans and Specifications and Authorized Advertisement of Bids
for the Beach Outlet Storm Water Treatment Project, CC-1179 (600.75) — Approved the
project plans and specifications and authorized the Director of Public Works to request bids for
Beach Outlet Storm Water Treatment Project, CC-1179. Submitted by the Public Works
Director. Funding Source: Proposition 13, 2000 Water Bond Act Grant. Engineer's cost
estimate - $1,000,000.
(City Council) Approved Plans and Specifications and Authorized Advertisement of
Construction Bids for Public Improvements (Repair or Replacement of Sidewalks, Curbs
and Gutters) on Nantucket Drive, MSC-419 (600.70) — Approved the project plans and
specifications and authorized the Director of Public Works to request construction bids for the
repair or replacement of sidewalks, curbs and gutters on Nantucket Drive. Submitted by the
Public Works Director. Funding Source: Measure M Funds, Street Improvements Account -
$200,000.
(City Council) Adopted Resolution No. 2003-23 Approving Side Letter of Agreement to
the Fiscal Year 2002/2003 Memorandum of Understanding (MOU) between the City and
Miscellaneous (Non -Safety and Non -Associated) Members of the Police Officers'
Association (POA) - California Public Employees' Retirement System (CaIPERS) (720,20)
Councilmember Coerper requested that this agenda item be removed from the Consent
Calendar. He received clarification from Assistant City Administrator William Workman that this
side letter covers the non -sworn officers.
A motion was made by Coerper, second Green to adopt Resolution No. 2003-23 - "A
Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of
Understanding between the City and the Huntington Beach Police Officers' Association, by
Adopting the Side Letter of Agreement."
The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES: None
ABSENT: Sullivan
(City Council) Approved the Professional Services Contract between the City and Intergraph
Public Safety Inc. for a Police Computer Aided Dispatch/Records Management System
(CAD/RMS) (600.10)
Councilmember Coerper requested that this agenda item be removed from the Consent Calendar.
He asked staff their evaluation of the GIS (Geographic Information System). Police Chief Small
responded that the overall system is generally well received and that there are no plans at this time
to put GIS in the patrol cars.
Assistant City Administrator Workman clarified that this would be part of the police dispatch system.
April 7, 2003 - Council/Agency Minutes - Page 11
A motion was made by Coerper, second Green to:
1. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract
between the City of Huntington Beach and Intergraph Public Safety, Inc.; and 2. Authorize the City
Treasurer to release escrow funds from Union Bank payable to Intergraph Public Safety and
authorize the Police Chief to approve the expenditure of the grant funds; and 3. Assign the Police
Department's Systems Group Manager as Project Manager and require signatures of both the
Project Manager and the City's Information Services Director authorization to approve Acceptance
Testing; Change Orders; Notifications; Systems Sign -off; Release of Funds and Progress Payments
per contract schedule; and 4. Authorize the Police Department's Systems Group Manager to
upgrade Uninterruptible Power Supply in a joint project with the City's Information Systems
Department and enter into a service agreement with Anderson & Howard Electric to redistribute
electrical power in Communications, the Computer and EOC (Emergency Operations Center) rooms
and install additional emergency generator supply service; and 5. Approve hiring a part-time,
temporary GIS intern not to exceed 1,000 hours during the course of the project that will be funded
within total project to provide data elements for mapping.
The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES: None
ABSENT: Sullivan
(City Council) Approved (With Separate Roll Call Votes Taken on Some Assembly and
Senate Bills) City Council Positions on Legislation Pending Before the Federal and State
Governments and the Orange County Board of Supervisors as Recommended by the City
Council Intergovernmental Relations Committee -- Staff Directed to 1) Submit League,
Staff and Legislators Positions; 2) Designate Intergovernmental Relations Committee
Item as Administrative Item on Future Agendas; and 3) Provide Progress Updates on
Bills (640.90)
Mayor Pro Tem Green requested that this agenda item be removed from the Consent Calendar
to discuss the recommended positions that have been submitted by the City Council
Intergovernmental Relations Committee.
Council received confirmation from the City Clerk that in the past this item was put on the
agenda as an F-Item (Administrative Item).
Council informed staff of their concerns regarding: 1) what positions the League of California
Cities, employees, senators and legislators have on these bills; 2) that the intent on legislation
changes the bills and should be brought back to the committee and to Council; and 3) in
addition to the "support" and "oppose" option add a "watch" position.
Assistant City Administrator Workman reported relative to Mayor Pro Tern Green's question as
to whether employees and the City had discussed the pending legislation.
Council directed staff to place League, staff and legislators positions and to schedule pending
legislative items as Administrative Items on future agendas as well as provide update on progress of
the bills.
(12) April 7, 2003 - Council/Agency Minutes - Page 12
A motion was made by Coerper, second Green to approve the following recommended actions
on the subsequent Assembly and Senate Bills. The City Council Intergovernmental Relations
Committee has reviewed the legislation, requests for support letters, and federal funding
agenda below and is recommending that the City Council take a position on these Assembly
and Senate Bills and other items, and authorize the Mayor to send letters to the legislators
reflecting the approved position:
SUPPORT AB 427 (2003-2004) Longville - Local transportation sales taxes — Deletes the 20-year
limit on the existing local transportation sales tax.
SUPPORT - AB 498 (2003-2004) Canciamilla - State government: prudent state reserve placing a
requirement on the state for a prudent reserve.
SUPPORT - AB 608 (2003-2004) Daucher - State regulations: appeal providing a procedure for
cities and counties to challenge the imposition of regulation by state agencies.
SUPPORT - AB 637 (2003-2004) Harman - State -mandated local programs providing for a (non-
voting) local representative on the State Mandates Commission and easing the requirements for
reimbursement.
SUPPORT - AB 694 (2003-2004) Levine - Use tax: vehicles, vessels, and aircraft eliminating an
exemption from sales tax for vehicles, vessels, and aircraft when purchased outside the state and
that remain outside the state for 90 days.
OPPOSE UNLESS AMENDED removing language regarding no reimbursement to local agencies
regarding lost revenue - AB 783 (2003-2004), Maddox and Mountjoy - Property taxation: welfare
exemption: course of construction
OPPOSE UNLESS AMENDED removing language regarding no reimbursement to local agencies
regarding lost revenue - AB 1073 (2003-2004), Dutton - Sales and use taxes: exemptions:
nonprescription drugs
SUPPORT ACA 11 (2003-2004) Levine - Local government: general obligation bonds:
infrastructure projects allowing passage of infrastructure bonds with approval of 55% of the voters.
SUPPORT - SB 17 (2003-2004) Escutia - Property taxation: change in ownership allowing the
State to specify those circumstances under which a non-residential, commercial or industrial,
property changes owners.
OPPOSE - SB 407 (2003-2004) Torlakson - Local government financing requiring that revenues
from the Motor Vehicle License Fee account be allocated to cities and counties on a quarterly rather
than a monthly basis.
OPPOSE UNLESS AMENDED removing language regarding no reimbursement to local agencies
regarding lost revenue - SB 764 (2003-2004) Morrow - Property tax: veterans' exemptions which
stipulates that property tax veterans' exemptions are NOT a state mandate and therefore not
reimbursable to cities and counties.
SUPPORT - SBX1 3 (2003-2004) Escutia - Property taxation: change in ownership
SUPPORT —SCA 9 (2003-2004) Perata - Appropriations limits: allowing an exception to the State's
appropriation limitation in case of a natural disaster.
The motion carried by the following roll call vote. -
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES. None
ABSENT: Sullivan
Considerable discussion was held amongst Council, City Administrator Silver and Assistant City
Administrator Workman regarding AB572, AB1324, SB414 and AB136. Staff responded with
reasons why the city formed their opinion on the above mentioned bills stating; 1) adverse
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April 7, 2003 - Council/Agency Minutes - Page 13
impact on the city; 2) decrease the cities ability to do its job, 3) puts the city in a greater liability
situation and 4) additional financial burden on the budget.
A motion was made by Cook, second Hardy to OPPOSE - AB 572 (2003-2004) Yee -- Employment
- Undisputable presumption that a discharge of an employee within 90 days of an action by that
employee is retaliatory.
The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES: None
ABSENT: Sullivan
A motion was made by Cook, second Hardy to OPPOSE AB 1324 (2003-2004) Steinberg -
Workers' compensation: infectious diseases: adds dependents of the employee to those to be
compensated. The motion failed by a tie vote, by the following roll call:
AYES: ,Boardman, Cook, Hardy.
NOES: Coerper, Green, Houchen
ABSENT: Sullivan
A motion was made by Cook, second Hardy to SUPPORT SB 414 (2003-2004) McClintock and
Poochigian - Workers' compensation: injuries adding the requirement that a physician must certify
that the injury arises as a result of and in the course of employment. The motion carried by the
following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES: None
ABSENT: Sullivan
A motion was made by Cook, second Hardy to OPPOSE - AB 136 (2003-2004) Kehoe - Workers'
compensation — Disability provides that a firefighter is entitled to a disability leave of absence with
pay for up to two years. (Current law is one year.) The motion failed by a tie vote, by the following
roll call:
AYES: Boardman, Cook, Hardy.
NOES: Coerper, Green, Houchen
ABSENT: Sullivan
(City Council) Approved the Non -Exclusive License Agreement between the City and the
Children's Bureau of Southern California for the Operation of the Oak View Center
Effective May 1, 2003 by Children's Bureau Staff with Oversight Provided by the
Community Services Department (600.10)
The City Council considered a communication from the Community Services Director, the
Economic Development Director and the Special Projects Manager requesting Council approval
for the city to enter into a Non -Exclusive License Agreement with the Children's Bureau of
Southern California for the operation of the Oak View Center.
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April 7, 2003 - Council/Agency Minutes - Page 14
Janeen Laudenback, Acting Superintendent of Community Services — Recreation Human &
Cultural Services presented a PowerPoint report titled Oak View Center Operational Transfer,
which was included in the agenda packet.
Council received clarification from staff regarding; 1) the care of the facilities; 2) cost to the city;
3) CPAB recommendation; 4) the ability to enhance social services; and 5) to expect the same
level of service or better.
A motion was made by Houchen, second Green to approve the Non -Exclusive License
Agreement between the City of Huntington Beach and Children's Bureau of Southern California.
The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES: None
ABSENT: Sullivan
(City Council) Adopted Ordinance No. 3601 - Amending the Contract with the California
Public Employee's Retirement System (CaIPERS) 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 -the Municipal Employees'
Association (MEA) and Management Employees' Organization (MEO) (600.20)
After the City Clerk read by title, a motion was made by Coerper, second Green to adopt
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."
(Introduction approved March 3, 2003) The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES: None
ABSENT: Sullivan
(City Council) Adopted Ordinance No. 3602 Amending Chapter 10.84 of the Huntington
Beach Municipal Code Relating to Bicycle Regulations (640.10)
After the City Clerk read by title, a motion was made by Green, second Coerper to adopt
Ordinance No. 3602 — "An Ordinance of the City of Huntington Beach Amending Chapter 10.84 of
the Huntington Beach Municipal Code Relating to Bicycle Regulations." (Introduction approved
March 17, 2003)
The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES: None
ABSENT: Sullivan
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April 7, 2003 - Council/Agency Minutes - Page 15
(City Council) Removed from Agenda Introduction of Ordinance No. 3603 - Amending
Title 5 of the Huntington Beach Municipal Code Relating to Business Licenses and
Regulations (No Proposition 218 Vote Required on Changes) — Rescheduled for April 21,
2003 Council Meeting (640.10)
Ordinance No. 3603 — "An Ordinance of the City of Huntington Beach Amending Title 5 of the
Huntington Beach Municipal Code Relating to Business Licenses and Regulations." (The City
Treasurer's staff report included in the agenda packet sets forth that these amendments to Title
5 of the Business License ordinance do not trigger a Proposition 218 vote, and further sets forth
that said changes do not increase the amount of any taxes currently identified in the ordinance.)
(City Council) Implemented the Blue Star Program Participating to Support Armed
Forces Personnel Serving the United States in the War with Iraq (130.55)
The City Council considered a communication from Mayor Connie Boardman transmitting the
following Statement of Issue: On Thursday, March 20, 2003, the United States entered into
war with Iraq. Regardless of our opinions about this war, I believe we need to support the
young men and women who are risking their lives during the war. The purpose of this H-Item is
to show support for these young people and their families by implementing the "Blue Star'
program. Under this program, Huntington Beach families with members serving in the Armed
Forces receive a Blue Star poster to display in their window as a visible sign of their sacrifice
and service. The program was originally used during World War I and 11, but was later
discontinued.
Assemblyman Dennis Mountjoy, Fifty -Ninth District, California State Legislature, has been
encouraging all Californian cities to participate in the program as a salute to our service men and
women. The city of Monrovia has already implemented a program.
A sample of the poster is attached for your review. I propose that the City print the posters
which will be made available free of charge through the City Administrator's Office.
A motion was made by Coerper, second Houchen to approve the City's participation in this program
and authorize printing of the posters for distribution to Huntington Beach families with family
members serving in the Armed Forces. The motion carried by the following roll call vote. -
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES: None
ABSENT: Sullivan
(City Council) Authorized Mayor to Send a Letter on Behalf of the City to the State
Coastal Conservancy Chair in Support of Funding Requested by the Huntington Beach
Wetlands Conservancy for a Grant for the Acquisition of 46 Acres at the Huntington
Beach Wetlands (440.60)
The City Council considered a communication from Mayor Connie Boardman transmitting the
following Statement of Issue: The Huntington Beach Wetlands Conservancy has applied for a
grant from the State Coastal Conservancy for the acquisition of 46 acres at the Huntington
Beach Wetlands. Acquisition of this property will create the potential to establish over 180 acres
of restored salt marsh and coastal dune habitat. I have been requested by the Conservancy to
send a Letter of Support from the City.
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April 7, 2003 - Council/Agency Minutes - Page 16
Mayor Boardman stated that no city funds will be used.
A motion was made by Cook, second Green to authorize the Mayor to send a letter on behalf of
the city to Mr. Paul Morabito, Chair of the Coastal Conservancy, in support of the funding
request by the Huntington Beach Wetlands Conservancy. The motion carried by the following
roll call vote. -
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy.
NOES: None
ABSENT: Sullivan
(City Council) Appreciation Extended for Timely Agenda Items
Councilmember Jill Hardy thanked the city staff for submitting the agenda items timely.
(City Council) Reminder to Change Batteries in Smoke Detectors
Mayor Connie Boardman reminded everyone that now is the time to change batteries in your
smoke detectors.
Adjournment — City Council/Redevelopment Agency
Mayor Boardman adjourned the regular meetings of the City Council/Redevelopment Agency of the
City of Huntington Beach to Monday, April 21, 2003, at 5:00 p.m., in Room B-8 Civic Center, 2000
Main Street Huntington Beach, California.
City Clerk -Clerk
City Clerk and ex-officio Clerk 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