HomeMy WebLinkAbout2003-07-21Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, July 21, 2003
5:30 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 5:30 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.
The 5:00 p.m. portion of the meeting was recessed by the City Clerk to 5:30 p.m. in Room B-8
due to an anticipated lack of quorum.
Call to Order
Mayor Boardman called the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to order at 5:30 p.m. in Room B8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
Absent: None
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, 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 Tiep Nhu Bul and Thanh Cam Nguen v. City of
Huntington Beach, et al.; Orange County Superior Court Case No. 03CC06575. (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 Ken Blake v. City of Huntington Beach, et al.;
Orange County Superior Court Case No. 02CC10480. (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 Epifania Huertero, et al., v. City of Huntington
Beach, et al.; United States District Court Case No. SA 01-1136. (120.80)
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July 21, 2003 - Council/Agency Minutes - Page 2
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 Southern California Water Company v. City of
Huntington Beach, et at.; Orange County Superior Court Case No. 03CCO2021. (120.80)
City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives, Agency Negotiators: Ray Silver; William Workman, Assistant
City Administrator; Clay Martin, Director of Administrative Services; Jim Engle, Director of
Community Services; and Seven M. Berliner, Esq. and Bruce Barsook, Esq. of Liebert Cassidy
Whitmore regarding labor relations matters — meet and confer with the following employee
organizations: MEO, MEA, PMA, FMA, HBPOA, HBFA, MSOA, SCLEA and Non -Associated.
(120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council Chambers.
Present: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
Absent: None (Cook out of room)
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 — Westminster Girl Scout Troop 1962, Leader Linda Scukanec.
Moment of Silence Observed
Mayor Boardman requested observation of a moment of silence to reflect upon the issues
before the Council, public and staff.
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 from the City Treasurer correcting a typographical error on pages C33.3 and
C3a.15 of Treasurers Report titled City of Huntington Beach Summary of City Investment Portfolio,
Bond Proceeds, and Deferred Compensation Activity for May 2003.
Communication from Huntington Beach Tomorrow dated July 14, 2003 titled Subject: Code of
Ethics and Gift Ban Ordinance Amendment recommending the Council amend the code of ethics.
The Following Additional Late Communication Was Submitted During the Meeting:
Communication (undated) from Doug Korthof was submitted during Public Comments titled
What's Wrong with Desalination?
(3) July 21, 2003 - Council/Agency Minutes - Page 3
Presentation made by Mayor Connie Boardman of a Commendation to Vicki Rabi for the project of
refurbishing the War Memorial at Huntington Beach High School, for her Girl Scout Gold Award.
(160.40)
Presentation made by Mayor Connie Boardman, Community Services Director Jim Engle, and Dr.
Corcoran, Community Service Commission Vice Chair, of the Youth Sports Grant Awards. Dr.
Corcoran presented the awards. At this presentation each group received one half of the grant
award and will receive the other half upon completion of their project. (160.40)
$ Amount
Huntington Beach Union High School Football Booster Club $40,000
Edison High Aquatics
22,000
AYSO Region #56
19,000
Robinwood Little League
18,000
Boys & Girls Club of Huntington Valley
17,750
Edison High Baseball Booster Club
15,000
South Coast Soccer Club
7,100
Huntington Beach Union High School Aquatics Booster Club
5,100
Edison High Girls Softball Booster Club
3,300
HBUHS Aquatics Booster Club
2,300
Mayor's Award made by Mayor Connie Boardman and Police Chief Kenneth Small to Sergeant
Irwin P. Feuerstein, Huntington Beach Police Department for his many valuable contributions to the
Police Department. Sergeant Feuerstein was responsible for many innovative process
improvements which have saved the city thousands of dollars. Sergeant Feuerstein thanked the
members of the Police Department and staff members of the Public Works Department. (160.40)
(City Council) Announcement by Councilmember Pam Houchen to Remove Council Item Re:
Recommendations for a Phase II of the Huntington Beach Zoning and Subdivision Ordinance
and Specific Plan Amending the Entitlement Permit Streamlining Process (450.10)
Councilmember Pam Houchen stated that she was removing the item she placed on the agenda
regarding the Entitlement Permit streamlining process.
Public Comments
Joey Racano presented reasons why he believes the proposed Poseidon desalinization plant will
be destructive to the ocean. Mr. Racano informed Council of what he believes would be the
detrimental effects on the ocean from the combination of the Huntington Beach AES Power
generating plant and the proposed desalinization plant.
Debbie Borden offered an invocation due to the absence of the Invocation from the agenda.
Gerald Chapman spoke regarding the agenda item pertaining to the Disc Golf contract that he
understands is to be pulled from this agenda. He stated that in his opinion it is subsidized by the
city $25,000 and is misused by some participants. Dr. Chapman questioned as to whether there is
a yearly audit. He presented other questions he believes need to be answered before extending
the contract.
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July 21, 2003 - Council/Agency Minutes - Page 4
Doug Korthof submitted a communication titled What's Wrong with Desatination? He
presented an overhead slide and reported on what he believes will be the detrimental effects of
the desalinization plant on the ocean. Mr. Korthof stated that he believes it will result in the
continued presence forever of the Huntington Beach AES power generating plant.
Kelly Shanley, Media Production Coordinator, expressed her appreciation to each City
Councilmember. In leaving her position she spoke regarding her duties, which included Council
presentations and proclamations; instructing Boy Scout and Girl Scouts flag ceremonies; and taking
photographs for HBTV-3. (Kelly has assumed the position of Field Representative for the Water
Division of the Public Works Department.)
Don McGee spoke in opposition to low -flying banner -towing aircraft; the budget crisis; and what he
believes to be a waste of water resources for median landscaping.
(City Council) Continued from July 7, 2003 - Approved City Council Communication
Committee Recommendation to Continue Membership in the Public Cable Television
Authority (PCTA) (600.45)
The City Council considered a communication from Councilmember Pam Houchen, Chair of the
City Council Communications Committee on behalf of Mayor Connie Boardman and City
Councilmember Debbie Cook transmitting the following Statement of Issue. Ongoing discussions
have been held regarding whether or not the city should withdraw from the Public Cable Television
Authority (PCTA). The City Council Communications Committee is bringing before the City
Council a recommendation to continue membership in the PCTA.
Councilmember Pan Houchen reported and discussion ensued regarding Council's concerns
including the city`s position relative to negotiating with PCTA and the feasibility of joining with
other cities such as Los Alamitos.
A motion was made by Houchen, second Cook to adopt the City Council Communication Committee
recommendation to stay in the Public Cable Television Authority as unanimously voted by the
Committee at their June 23, 2003 Meeting with a motion made by Mayor Boardman and seconded
by City Councilmember Houchen.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Boardman, Cook, Houchen, Hardy
NOES: Green
ABSENT: None
(City Administrator's Report) Announcement Made Regarding Public Works Department
Agenda Item - Contract Award for Eight Urban Storm Water Runoff Treatment Projects
(600.50)
The City Council considered a communication from City Administrator Ray Silver reporting a
department highlight on the Consent Calendar item regarding the contract award for the eight
Urban Storm Water Runoff Treatment Projects.
(5) July 21, 2003 - Council/Agency Minutes - Page 5
The communication transmitted the following Statement of Issue: The contract is in reference to
the installation of the Continuous Deflective Separators (CDS) filtration units at key points
throughout the city. Specifically, the City storm drain system includes 12 outlet pipes that discharge
directly across the City's beaches and one outlet pipe that discharges into the Bolsa Chica
Wetlands. These drains receive all the runoff from the surrounding streets and, so, any discarded
trash, automotive fluids or other debris on the streets eventually is washed onto the sand. This
project will install eight filtration units that will remove the trash, debris and particulates from the
runoff in all these drains and, thus, help protect and improve the water quality of our beaches and
wetlands.
Once these units are installed, 100% of floating debris, including cigarette butts, Styrofoam cups, oil
and grease, and 80% of suspended solids, will be captured before they end up on the beach. City
crews will then periodically remove the trash and debris from the filters and properly dispose of it.
The installation of the seven CDS units on the beach will also include diverting the low flow urban
runoff into infiltration areas under the sand where it will not intrude on beachgoers. This feature will
eliminate the polluted puddle that currently accumulates under the beach outFall locations and treat
it through natural process.
This technology has been proven by extensive independent laboratory research and hundreds
of actual installations throughout the United States and Australia. This project is a major
statement by the City in support of the environment and in compliance with the Federal Clean
Water Act. The City received a $4 million water quality grant several years ago, through which
the funds for this project are being made available with cooperation from the State Water
Resources Control Board.
Public Works Director Robert F. Beardsley reported orally, stating that in summary the
permanent pump system is being installed world wide and is cutting -edge technology.
Councilmember Coerper inquired regarding the cost factor and spoke regarding funds.
(City Council) Reviewed and Accepted as Amended - Shari Freidenrich, City Treasurer's
May 2003 Report Titled City of Huntington Beach Summary of City Investment Portfolio,
Bond Proceeds, and Deferred Compensation Activity (310.20)
The City Council considered a communication from City Treasurer Shari Freidenrich
transmitting the Monthly Investment Report for May 2003.
City Treasurer Freidenrich gave a PowerPoint presentation titled City of Huntington Beach
Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity
which was included in the agenda packet.
A motion was made by Sullivan, second Coerper to review and accept the monthly report as
amended by the City Treasurer's Late Communication correcting typographical errors announced
earlier in the meeting by the City Clerk. Following review of the report, by motion of Council, accept
the Monthly Investment Report Summary of Investment Portfolio, Bond Proceeds, and Deferred
Compensation Activity for May 2003, pursuant to Section 17.0 of the Investment Policy of the City
of Huntington Beach. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
(6) July 21, 2003 - Council/Agency Minutes - Page 6
ABSENT: None
Consent Calendar
The following item was pulled from the agenda by staff.
(City Council) Pulled from the Consent Calendar - Amendment No. 1 to Agreement
between the City and Disc Sports Management for the Operation and Maintenance of the
Disc Golf Course in Huntington Central Park (600.35)
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, Houchen, Hardy
NOES:
None
ABSENT:
None
ABSTAIN:
(Houchen abstained on the Settlement Agreement with PCH Beach Resort, LLC
and Mayer Financial, LP due to possible conflict of interest)
(City Council/Redevelopment Agency) Minutes (120.65) - Approved and adopted the
minutes of the City Council/Redevelopment Agency Regular Meetings of May 5, 2003 and May
19, 2003 as written and on file in the Office of the City Clerk. Submitted by the City Cleric.
(City Council) Authorized City Administrator to Approve Plan Check Engineer Position
with the Department of Building & Safety as an Exception to the Hiring Freeze in Fiscal
Year 2002/03 (310.20) — Authorized the City Administrator to approve the position of Plan
Check Engineer as an exception to the current hiring freeze to maintain productivity in the
Engineering Plan Check Section. Submitted by the Building & Safety Director. Funding Source:
Budgeted within the Fiscal Year Building & Safety Department Permanent Salaries.
(City Council) Adopted Resolution No. 2003-54 Expressing City's Intention to Participate
in the State Treasurer's Local Agency Investment Fund (LAIF) Authorizing City Treasurer,
Shari L. Freidenrich to Make Deposits and Withdrawals (310.20) — Adopted Resolution
No. 2003-54 — "A Resolution of the City Council of the City of Huntington Beach Expressing Its
Intention to Participate in the State Treasurer's Local Agency Investment Fund and Authorizing
the City Treasurer to Make Deposits and Withdrawals from Said Fund." Submitted by the City
Treasurer. Funding Source: Not applicable.
(City Council) Approved Appointment of Lloyd Budwig to the Library Board of Trustees for a
Term to Expire June 30, 2007 (110.20) — Appointed Lloyd Budwig to his first four-year term
(7/1/03 — 6/30/07) to the Library Board of Trustees as recommended by the City Council Library
Board Liaisons, Dave Sullivan and Gil Coerper. Submitted by the Library Services Director.
Funding Source: Not applicable.
(City Council) Accepted Bid and Awarded Contract to GCI Construction, Inc for Urban Storm
Water Runoff Treatment Projects; CC-1179 and CC-1212 (600.75/600.50) ---1. Accepted the
lowest responsive and responsible bid submitted by GCI Construction, Inc. in the amount of
$646,905 for the Urban Storm Water Runoff Treatment Projects, CC-1179 & CC-1212; and 2.
Authorized the Mayor and City Clerk to execute a construction contract in substantially the same
form as the attached sample contract. Submitted by the Public Works Director. Funding Source:
Funds are budgeted in Storm Water Quality Fund, Storm Water Treatment, Drainage Improvements
(7) July 21, 2003 - Council/Agency Minutes - Page 7
Account. The funds are available through a Proposition 13, Year 2000 Water Bond Act Grant, an
Integrated Waste Management (IWM) Grant and Orange County Urban Runoff Matching Grant.
(City Council) Approved Settlement Agreement and Mutual General Release with PCH
Beach Resort, LLC and Mayer Financial, LP (Amended and Restated Development
Agreement) -Waterfront Residential - Hyatt Regency Hotel Parcel) (600.10) -Approved
Settlement Agreement and Mutual General Release with PCH Beach Resort, LLC, and Mayer
Financial, LP and authorize the Mayor and City Clerk to execute the Settlement Agreement and
Mutual Release. Submitted by the City Attorney, the Economic Development Director and the
Public Works Director. Funding Source: Not applicable.
(City Council) Adopted Ordinance No. 3613 Amending Huntington Beach Municipal Code
Chapter 14.36 Relating to the Sewer System Service Connection Charge (Utilizing the
Annual Construction Cost Index (CCI) (640.10)
After the City Clerk read by title, a motion was made by Green, second Hardy to adopt Ordinance
No. 3613 —"An Ordinance of the City of Huntington Beach Amending Chapter 14.36 of the
Huntington Beach Municipal Code Relating to Sewer System Service Connection." (Approved for
introduction, as amended on July 7, 2003.)
The motion carried by the following roll tail vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3612 Amending Huntington Beach Municipal Code
Chapter 2.05 Entitled Gifts to Public Officials (640.10)
Council received clarification from City Attorney Jennifer McGrath relative to the Code of Ethics
as it pertains to Ordinance No. 3612.
Considerable discussion ensued during which time City Cleric Connie Brockway inquired as to
whether a change is being made which would necessitate the ordinance to have another first
reading.
City Attorney Jennifer McGrath responded it is not an issue contained in Ordinance No. 3612.
After the City Clerk reads by title, a motion was made by Sullivan, second Coerper to adopt
Ordinance No. 3612 — "An Ordinance of the City of Huntington Beach Amending Chapter 2.05 of
the Huntington Beach Municipal Code Entitled Gifts to Public Officials." (Approved for introduction,
as amended on July 7,2003.)
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Houchen,
NOES: Cook, Hardy
ABSENT: None
(City Council) Approved Reconsideration of Resolution No. 2003-51 Regarding the Code of
Ethics — Adopted July 7, 2003 to be Placed on the August 4, 2003 City Council Meeting
Agenda (110.40)
(8)
July 21, 2003 - Council/Agency Minutes - Page 8
Councilmember Dave Sullivan requested that Council reconsider Resolution No. 2003-51 which
was adopted by Council at the July 7, 2003 Council meeting.
A motion was made by Sullivan, second Green to place on the August 4, 2003 Agenda, the
subject of reconsideration of Resolution No. 2003-51 "A Resolution of the City Council of the
City of Huntington Beach Revising the City's Code of Ethics and Amending the City Council
Manual,"which Council adopted at the July 7, 2003 Council meeting.
The motion carried by the following roll call vote:
AYES:
Sullivan, Coerper, Green, Hardy
NOES:
None
ABSENT:
None
ABSTAIN:
Boardman, Cook, Houchen abstained due to a possible violation of the Brown Act.
(City Council) Removed from Agenda Earlier in the Meeting - Recommendations for a
Phase II of the Huntington Beach Zoning and Subdivision Ordinance and Specific Plan -
Amending the Entitlement Permit Streamlining Process (450.10)
(City Council) Approved Mayor to Send Letter of Support as Amended for Assembly Bill
710 Relative to City's Concern Regarding Big City Representation to the Orange County
Division of the League of California Cities (640.90)
The City Council considered a communication from Councilmember Dave Sullivan transmitting
the following Statement of Issue: The Huntington Beach City Council has taken a position in
favor of AB 710. The position taken by our city as conveyed to the Orange County League of
Cities has sent a mixed message. The large cities of Irvine, Anaheim, and Santa Ana have
withheld their dues to get the League's attention.
Discussion was held amongst Council regarding the wording of the proposed letter.
A motion was made by Sullivan, second Green to have the following letter as amended by
removing the third sentence of letter and send the letter to all cities sent to the Orange County
Division of the League of Cities reiterating our support for AB 710 and our concern about big city
representation:
TO: Executive Steering Committee
Orange County Division, League of California Cities
The City Council of Huntington Beach reiterates its strong support for AB 710! We
wish to express our displeasure regarding the letters produced by the League that
did not, in our view, properly represent the vote taken on the issue. Y961F ar%ers-
. The Orange
County Division needs to provide equitable representation for large cities, not drive
us away. The fact that the Executive Steering Committee consists of members
representing only 11 % of the county population speaks for itself.
Connie Boardman, Mayor
On behalf of the Huntington Beach City Council
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Hardy
(9)
July 21, 2003 - Council/Agency Minutes - Page 9
NOES: Cook, Houchen
ABSENT: None
(City Council) Councilmember Dave Sullivan Reported Regarding the League of Cities
(150.40)
Councilmember Dave Sullivan spoke regarding what he believes is the need to convey to the
League of Cities organization that all cities should pay the same dues and that dues not be based
on a city's population.
(City Council) Report Given by Councllmember Gil Coerper on the Success of the Police
Helicopter Program (530.20)
Councilmember Gil Coerper reported that the Police helicopter had located 37 drunk drivers,
assisted in the capture of burglar suspect, and other work of great benefit to the safety of our
citizens.
(City Council) Announcement Made by Mayor Connie Boardman of a Community
Awareness Meeting Regarding Long Beach Airport (600.10)
Mayor Connie Boardman announced a Community Awareness meeting of the Long Beach
Airport's flight pattern, altitude and noise levels, to be hold on July 31, 2003 at 7pm, at the
Huntington Beach Central Library, Rooms C and D.
(City Council) Report Made by Councilmember Dave Sullivan Regarding Bushard Sewer
Trunk Pipeline Delays Affecting the Huntington Beach South East Neighborhood and
Request for Future Report (640.10)
Councilmember Dave Sullivan reported on an a -Mail that Council received from Public Works
Director Robert F. Beardsley regarding the Bushard sewer trunk pipeline defects which affect
the Huntington Beach South East Neighborhood. Councilmember Sullivan requested a future
report. Public Works Director Robert Beardsley stated he would prepare a report and return to
Council.
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, August 4, 2003, at 5:00 p.m., in Room B-8 Civic Center, 2000
Main Street Huntington Beach, California.
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
ATTEST:
City Clerk -Clerk Mayor -Chairman