HomeMy WebLinkAbout2003-09-15Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, September 15, 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-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Sullivan, Coerper, Green, Boardman, Cook, Hardy, (Houchen arrived during Closed
Session)
Absent: None
Motion to Recess to Closed Session — Approved
A motion was made by Green, second Coerper to recess to Closed Session on the following items.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Hardy
NOES: None
ABSENT: Houchen (arrived during Closed Session)
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives: Agency Negotiators: Ray Silver, City Administrator; William
Workman, Assistant City Administrator; Clay Martin, Director of Administrative Services; Jim
Engle, Director of Community. Services; Kenneth Small, Chief of.Police; Duane Olson, Fire
Chief; and Steven 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)
(Redevelopment Agency) 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 Mulligan v.
Redevelopment Agency; Orange County Superior Court Case No. 740099; Court of Appeal
No. G028980. Subject: Mulligan v. Redevelopment Agency (400.50)
(2) September 15, 2003 - Council/Agency Minutes - Page 2
City Council) Closed Session - Pursuant to Government Code Section 54956.9(b)(3)(B).
(Facts and circumstances, including, but not limited to, an accident, disaster, incident, or
transactional occurrence that might result in litigation against the agency and that are known to
a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the
agenda or announced.) Southern California Water Company has notified the city it intends to
purchase. or condemn an easement in order. to provide water service to Bolsa.Chica Mesa.
Subject: Potential Eminent Domain Action by Southern California Water Company
against City of Huntington Beach. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council Chambers.
City Council- Redevelopment Agency Roll Call
Present: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
Absent: None
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Boardman asked City Attorney 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.
Pledge of Allegiance - Led by Mayor Connie'Boardman
Moment of Silence Observed
Mayor Boardman requested observation of a "moment of silence" to reflect upon issues before
the Council this evening.
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 Public Works Director Robert F. Beardsley titled City of Huntington
Beach. Cost Allocation Plan which are select pages beginning with Page of the Plan and OMB
A-87 Plan (U.S. Government Office of Management and Budget). This. Late Communication
was also submitted initially as a Late Communication at the September 2, 2003 Council meeting
and concerned budget clarification.
PowerPoint Presentation from the Public Works Director Robert F. Beardsley titled Cost
Allocation Plan — Sewer Fund Calculation which was also submitted initially as a Late
Communication at the September 2, 2003 Council meeting and related to budget information.
Communication from Councilmember Jill Hardy dated September 12, 2003 titled Update on the
Intergovernmental Relations Committee Recommendations — September 15'h City Council
Meetings which updated the Intergovernmental Relations Committee Recommendations.
(3) September 15, 2003 - Council/Agency Minutes - Page 3
Communication submitted by Police Chief Kenneth Small dated September 10, 2003 titled
Proposed Amendment to Chapter 5.44 regarding the agenda item concerning a proposed
amendment to Huntington Beach Municipal Code Chapter 5.44 relating to entertainment and
ambient noise.
The Following.Additional Late Communications Were Submitted During the Meeting:
Communication from the Economic Development Department Director David Biggs dated
September 15, 2003 titled Late Communication — Item D-1 transmitting modifications for the
2003/2004 budget.
Communication from City Administrator Ramon Silver dated September 15, 2003 transmitting
notification of his intention to retire in July, 2004.
Presentation made by Mayor Connie Boardman and Pro Tempore Cathy Green who presented a
resolution to retiring Planning Commissioner Don Stanton and thanked him for his outstanding
service to the City of Huntington Beach. (160.40)
Presentation made to Mayor Connie Boardman and to The Related Companies of California in
recognition of Excellence and Value for Bowen Court - Best Senior Project Active Adult. Mike
Balsamo, Government Affairs Director of the Building Industry Association of Orange County,
presented the 2003 Gold Nugget Award of Merit to Mayor Boardman. (160.40)
Presentation made to four firefighters on the.crew of.Station 8 - Heil A Shift forgoing above and _
beyond their duties to assist a diabetic woman by supplying food and helping improve her living
conditions. Mayor Connie Boardman presented commendations to Captain Mike Perry, Engineer
Chico Sanchez, Firefighter Paramedic John Legg and Firefighter Paramedic Bryan Russell. Fire
Chief Duane Olson also presented and thanked the firefighters for their heroism and human
kindness that went above and beyond the call of duty. Mayor Boardman stated she was proud of
the men and thankful for their kindness. (160.40)
Mayor's Award presented by Mayor Connie Boardman and Economic Development Director David
Biggs to Assistant Project Manager Steve Holtz from the Economic Development Department.
Director Biggs gave an overview of Steve Holtz's many accomplishments, particularly with
affordable housing programs. Mayor Boardman and Director Biggs thanked Mr. Holtz for his
outstanding work ethic and contributions to the City of Huntington Beach. (160.40) .
Public Comments
Joey Racano, representing the "We Vote" organization invited all to attend a Coastal Cleanup Day
by helping to clean the "Big Shell" at Wetland Coastal Village on Saturday, September 20, 2003 at
10:00 a.m.
Gerald Chapman stated his concern that new revenues being raised to benefit infrastructure needs
are not being placed in the Infrastructure Fund as required by the City Charter.
Mildred Hayes stated her opposition relative to rent increases at Ocean View Mobilehome Estates
and requested Council assistance.
(4) September 15, 2003 - Council/Agency Minutes - Page 4
Mary Jo Baretich spoke in favor of coastal cleanup and invited all to attend a Coastal Cleanup Day
by helping to clean the "Big Shell" at Wetland Coastal Village on Saturday, September 20,2003 at
10:00 a.m.
John McGregor requested consideration be given to residents of Cabrillo Mobile Home Park
relative to their. intention to purchase Cabrillo Mobile Home Park.
Robert Navarro spoke in opposition to the proposed ordinance on the agenda concerning
entertainment and requested Council to not approve the "blanket" ambient music ordinance and
instead that it be to specific areas.
Debbie Borden offered an invocation as an official invocation was not scheduled on the Council
meeting agenda.
Mark Bixby expressed his disappointment at Planning Commissioner Randy Kokal's resignation
from the Planning Commission. He spoke regarding Mr. Kokal's dedication to the Planning
Commission and stated that Mr. Kokal listened to the public's concerns.
Randy Kokal, Planning Commissioner, spoke regarding his service on the Planning Commission
and stated his appreciation for the opportunity. He presented questions to Council regarding the
difficulty the Planning Commission incurred in obtaining documents.
Julie Bixby, representative of Board of Directors, Bolsa Chica Land Trust informed Council of a
free seminar on Bolsa Chica to be held at 6:30 p.m. on September 25, 2003 at the Waterfront Hilton
Hotel.
Susan Bellenzi thanked Randy Kokal and stated how Planning Commission Chair Kokal assisted
her organization on how to seek funding and do effective fundraising. Ms. Bellarzi stated Mr. Kokal
donated his time to help.
Steve Ray, Planning Commissioner, spoke regarding the dedicated service Randy Kokal has
provided to the City. Mr. Ray stated he hopes he will see him advocating before the Planning
Commission in the future.
Steven T. Nanko spoke in opposition to the granting of the Release of Bonds for Tract No. 14321
Cup #99-9-Crystal Island near Worthy Park. Mr. Nanko stated reasons including that the safety
gate poses a hazard and accidents have already occurred and citations have been issued. He
stated that the curbs have not been painted red so that vision is not impaired. Mr. Nanko said the
gates can only recognize cars, not children on skateboards or pedestrians.
Mayor Boardman requested that Mr. Nanko get a blue follow up card so that Public Works can
respond to his concerns.
Public Comments Resumed
Kenneth Small spoke on behalf of Planning Commissioner Randy Kokal's service to organizations
in the City.
(5) September 15, 2003 - Council/Agency Minutes - Page 5
(City Council) Reviewed and Accepted As Amended Shari Freidenrich, City Treasurer's
July 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 July 2003:
City Treasurer Freidenrich presented a PowerPoint slide report dated September 15, 2003 titled
July Treasurer's Report which was included in the agenda packet.
A motion was made by Coerper, second Green to review and accept the monthly report
as amended to correct the typographical error in the hard copy. 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 July 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: Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None (Sullivan out of room)
(City Council) Public Hearing Opened and Continued Open from September 2, 2003 to
Consider Adoption of Resolution No. 2003-69 on the Proposed City Budget for Fiscal
Year 2003-04 (Resolution Included Exhibit on Proposed 2004/2005,Budget to be.
Submitted to Council by August 1, 2004) .— Authorized the City Administrator to 'Maintain
a Limited Hiring Freeze (320.20)
Mayor Boardman announced that this was the time scheduled for a public hearing to consider
the following:
The City Council considered a communication from the Administrative Services Director.
Public hearing opened and continued open from September 2, 2003 for the purpose of considering
the City budget for Fiscal Year 2003-04.
The proposed budget for Fiscal Year 2003-04 totals $291,969,190 including General Fund
Expenditures of $138,623,701. The proposed budget for FY 2004/05 totals $290,402,525 including
General Fund Expenditures of $1477184,846. The complete Preliminary, Two -Year Budget.
proposal (2003/04 and 2004/05) can be reviewed by the public from 8:00 AM to 5:00 PM, Monday
through Friday in the City Clerk's Office at City Hall, 2000 Main Street, Huntington Beach after
Wednesday, August 27, 2003. Copies of the proposed budget are also available for public review
at the City's Central Library located at 7111 Talbert Avenue (Goldenwest Street and Talbert
Avenue) and all branch libraries. Copies of the Preliminary Budget Message and Summaries
may be obtained by the public from the City's website at http://www.surfcity-hb.org.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
City Administrator Ray Silver presented a PowerPoint slide report dated September 15, 2003
titled Public Hearing September 15, 2003 Proposed City Budget Fiscals Years 2003104 and
2004105 which was included in the agenda packet.
(6) September 15, 2003 - Council/Agency Minutes - Page 6
Mayor Boardman declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the following Late
Communications which pertain to the public hearing:
Communication from the Public Works Director Robert F. Beardsley titled City of Huntington
Beach Cost Allocation Plan which are select pages beginning with Page 5 of the Plan and OMB
A-87 Plan (U.S. Government Office of Management and Budget). This Late Communication
was also submitted initially as a Late Communication at the September 2, 2003 Council meeting
and concerned budget clarification.
PowerPoint Presentation from the Public Works Director Robert F. Beardsley titled Cost
Allocation Plan — Sewer Fund Calculation, which was also submitted initially as a Late
Communication at the September 2, 2003 Council meeting and related to budget information.
Communication from the Economic Development Department Director David Biggs dated
September 15, 2003 titled Late Communication — Item D-1 transmitting modifications for the
2003/2004 budget.
Communication from the Huntington Beach Tomorrow board members dated September 2,
2003 presenting Budget recommendations for Council consideration, which was included in the
Agenda Packet.
Communication from Robert A. Polkow.dated September 10, 2003 presenting a budget
recommendation to eliminate the Planning Commission, which was included in the agenda
packet.
Councilmember Cook requested an explanation of the process concerning Late
Communications.
The City Clerk responded with clarification of the Late Communication procedure, informing
Council that communications relative to public hearings, received in her office prior to the
hearing, are announced and made available to the Council; however, some communications are
sent to the City Council's Office and are not received by the City Clerk.
Jim Hicks stated his opposition to budget cuts concerning preventative maintenance relating to
the Department of Public Works projects.
Ed Kerins, Board Member of Huntington Beach Tomorrow, began reading aloud the
communication from the Huntington Beach Tomorrow board members dated September 2, 2003
presenting budget recommendations for Council consideration.
Gerald Chapman, Board Member of Huntington Beach Tomorrow, finished reading aloud the
communication from the Huntington Beach Tomorrow board members dated September 2, 2003
presenting budget recommendations for Council consideration.
Dave Guido, Board Member of Huntington Beach Tomorrow, offered suggestions and budget
recommendations concerning balancing the city budget.
(7) September 15, 2003 - Council/Agency Minutes - Page 7
As there were no persons present to speak further on the matter and there were no further
protests filed, either written or oral, Mayor Boardman declared the public hearing closed.
A motion was made by Coerper, second Houchen to refer the letter from Huntington Beach
Tomorrow to the Finance Board for study. The motion carried by the.following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
The Proposed Budget for Fiscal Year 2004/2005 (Exhibit B of Resolution No. 2003-69) to be
submitted by the City Administrator to Council by August 1, 2004 is on file with the City Clerk's
Office for public review.
Councilmember Sullivan requested documentation from City Attorney Jennifer McGrath relating
to the prevailing wage rates and labor negotiations.
City Attorney Jennifer McGrath responded that her office would transmit the information to him.
City Administrator Silver spoke regarding the communication received from Huntington Beach
Tomorrow. He stated that he had prepared a memo regarding the communication which he was
not going to hand out, but from which he would read in order to present a summary of some of
his feedback because he thinks the letter was well intentioned but unfortunately filled with errors
and incorrect statements.
Following the City Administrator's report, the City Clerk requested the communication for the
record, and was informed by the City Administrator that he was not going to hand it out as he
had not submitted it to Council.
The City Clerk Brockway informed Council that she was bringing to Council's attention that
pursuant to the Brown Act, if a member of the public submits a document at a public hearing for
Council consideration, it does not have to be available until the next day at the City Clerk's
Office; however, if a Councilmember or a member of staff submits anything to which Council
has made any consideration about, it must be made available at the meeting.
The Mayor informed the City Clerk that the City Administrator had simply read from a document
that he had in front of him; that he has not provided that document to anyone, other than
reading his comments.
Councilmember Sullivan stated his support of the budget recommendations from Huntington
Beach Tomorrow.
(8) September 15, 2003 - Council/Agency Minutes - Page 8
A motion was made by Cook, second Coerper to:
Conduct the public hearing on the proposed $335,929,757 new appropriations for the fiscal year
2003/2004 city budget as outlined in the budget document (public hearing continued open from
September 2, 2003);
and
Adopt Resolution No. 2003-69 — as amended by Economic Development Director's Late
Communication regarding modifications on Rapid Response Grant and CDBG 2003/2004
funding - "A Resolution of the City Council of the City of Huntington Beach Adopting a Budget
for the City for the Fiscal Year 2003/04; "
and
Authorize the City Administrator to maintain a limited hiring freeze.
The motion carried by the following roll call vote:
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: Sullivan
ABSENT: None
Consent Calendar -Items Removed for Separate. Discussion
The following items were removed from the Consent Calendar for separate discussioh:
(City Council) Sole Source Procurement from TGO Technologies for the Purchase and
Installation of Chlorine Containment Vessels ( . )
(City Council) Sole Source Procurement and the Software License Agreement between the City
and Motorola for the Purchase and Installation of Mobile Data Computers to Replace the
Computer Aided Dispatch/ Records Management System (CAD/ RMS) in Police Field Units
Consent Calendar — Items Approved
On motion by Coerper,. second Green, Council. approved the following Consent Calendar, items, as
recommended. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Minutes (120.65) - Approved and adopted the
minutes of the City Council/Redevelopment Agency Adjourned Regular Meetings of June 30,
2003 as written and on file in the Office of the City Clerk. Submitted by the City Clerk.
(9) September 15, 2003 - Council/Agency Minutes - Page 9
(City Council) Approved Recommendation to Not Initiate Application for Annexation No.
03-01 of County Island (41 Acres of Unincorporated Land at n/w Corner of McFadden
Avenue and Beach Boulevard) as Proposed by LAFCO (Local Agency Formation
Commission) (610.30) — Do not initiate an application for Annexation No. 03-01 related to the
annexation of 41 acres of unincorporated land into the City of Huntington Beach proposed by
the Local Agency Formation Commission.. Submitted by the .Planning Director. Funding
Source: Not applicable.
(City Council) Accepted Resignation of John Scandura and Approved Appointment of
David Bloom to the Community Services Commission with a Term to Expire June 30,
2005 (610.20) —1. Accepted the resignation of John Scandura and 2. Approved the
appointment of David Bloom to the Community Services Commission as a Member -at -Large
for a term to expire June 30, 2005. Submitted by the Community Services Director and as
Recommended by Council Liaisons, Mayor Pro Tern Cathy Green and Councilmember Dave
Sullivan. Funding Source: Not applicable.
(City Council) Approved Sole Source Procurement from TGO Technologies for the
Purchase and Installation of Chlorine Containment Vessels (600.10)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar to receive clarification concerning the qualifications of TGO Technologies.
Department of Public Works Water Production Supervisor Howard Johnson responded stating
the city. has used the services of TGO Technologies for the past ten years.
A motion was made by Sullivan, second Coerper to approve Sole Source Procurement from
TGO Technologies of Santa Rosa, California for the purchase and installation of chlorine
containment vessels. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council) Approved Sole Source Procurement and Executed the Software License
Agreement between the City and Motorola for the Purchase and Installation of Mobile
Data Computers to Replace the Computer Aided Dispatch/ Records Management System
(CAD/ RMS) in Police Field Units (600.10)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar to receive clarification concerning the proposed agreement with Motorola.
Police Department Public Safety Systems Supervisor Jim Moore clarified that Motorola offers a
backbone system that combines the computer and radio in mobile data computers for police
field units.
(10) September 15, 2003 - Council/Agency Minutes - Page 10
A motion was made by Sullivan, second Coerper to:
1. Approve the Sole Source Procurement with Motorola for Mobile Data Computers for police
field units;
and
2. Authorize the Information Services Director to execute the Software License Agreement
with Motorola and expend up to $890,200 for the purchase and installation of Mobile Data
Computers for police field units;
and
3. Appropriate $155,000 from the Holly Seacliff Fund and the Narcotics Forfeiture Fund into
Account 30770101.83000;
and
4. Approve Jim Moore, Public Safety Systems Supervisor as Project Manager; and authorize
Janis Ingels, Director of Information Services and Jim Moore to approve changes,
acceptance testing and milestone payments.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper; Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council) Approved City Council Position on Legislation Pending Before the
Federal, State, or Regional Governments as Recommended by the City Council
Intergovernmental Relations Committee (640.90)
The City Council considered a communication from Councilmember Jill Hardy, Chair,
Intergovernmental Relations Committee, on behalf of members, Mayor Connie Boardman and
Councilmember Debbie Cook transmitting the following Statement of Issue: Should the City
Council authorize the Mayor to communicate the City of Huntington Beach's support for or
opposition to legislation currently pending before the elected members of the Federal or State
Legislatures or a regional body? The City Council Intergovernmental Relations Committee has
reviewed the legislation .below and is recommending that the City Council take a position on these
items, and authorize the Mayor to send letters to the legislators reflecting the approved position:
Mayor Boardman stated AB 1141 (Diaz) Meyers-Milias Brown Act — Agency Shop Agreements
as enrolled 8/21/03 and AB 1744 (Chavez) Taxation — Administration as enrolled 8/21/03 would
be pulled from the agenda as they were to be signed by Governor Davis.
Discussion was held among Council concerning SB 20 which would require manufacturers to
take responsibility for the hazardous electronic devices they produce.
(11) September 15, 2003 - Council/Agency Minutes - Page 11
A motion was made by Boardman, second Green to: Support SB 20 (Sher & Romero)
Hazardous Electronic Waste. The motion carrieu by the following roil call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT-. None
Discussion was held concerning SIB 440 and reasons given by the League of California Cities to
oppose this legislation.
A motion was made by Boardman, second Cook to: Oppose SIB 440 (Burton) Binding
Arbitration as enrolled on 08/17/03. The motion carried by the following roll call vote:
AYES: Sullivan, Boardman, Cook, Hardy
NOES: Coerper, Houchen
ABSENT: None
ABSTAIN Green
Oppose AB 1141 (Diaz) Meyers-Milias Brown Act —Agency Shop Agreements as enrolled
8/21/03 was pulled from agenda as it was to be signed by Governor Davis.
Support AB 1744 (Chavez) Taxation — Administration as enrolled 8/21/03 was pulled from the
agenda as it was to be signed by Governor Davis.
(City Council/Redevelopment Agency) Approved a Fourth Implementation Agreement.
between the Agency and CIM/Huntington, LLC - Authorized Appropriation of Funds for
the Construction of Additional Parking to Meet Parking In -lieu Fee Obligations for The
Strand Project (600.30)
The City Council/Redevelopment Agency members considered a communication from the
Economic Development/Deputy Executive Director and the Planning Director transmitting that
the City Council provided direction for staff to pursue the development of additional parking in
the subterranean garage to be constructed as part of The Strand project. The proposed Fourth
Implementation Agreement provides the means by which this would be accomplished.
Director David Biggs gave a PowerPoint presentation titled 4t`' Implementation Agreement with
CIM / Huntington September 15, 2003 which was included in the agenda packet.
Discussion was held concerning underground parking and the Parking In -Lieu Fee Fund.
A motion was made by Coerper, second Green to:
Redevelopment Agency Action: Approve a Fourth Implementation Agreement to Disposition
and Development Agreement with CIM/Huntington, LLC, and authorize the Chairperson and
Agency Clerk to execute the Implementation Agreement;
and
City Council Action: Appropriate $500,000 from the Parking In -lieu Fee Fund for the
Commitment Payment and Commencement of Construction Payment.
(12) September 15, 2003 - Council/Agency Minutes - Page 12
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council) Continued from 9/2/03 Meeting - Approved Introduction of Ordinance No.
3618 Amending Huntington Beach Municipal Code Chapter 5.44 Relating to
Entertainment (Adds Definition of Ambient Music) (640.10)
Police Chief Kenneth Small reported that the range for prerecorded music must be no more
than ten feet from the exterior of business establishments.
After the City Clerk read by title, a motion was made by Green, second Cook to approve for
introduction Ordinance No. 3618 - "An Ordinance of the City of Huntington Beach Amending
Chapter 5.44 of the Huntington Beach Municipal Code Relating to Entertainment." The motion
carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council) Motion Failed for Adoption of Priority Budget Funding in the General Fund
(when the City is in a Financial Condition) of the following Services for Reinstatement: (1.)
Frozen, Vacant Police Department Positions; (2.) Concrete Maintenance Function; (3.) Pest
and Weed Control; and (4.) Graffiti Removal (120.10)
The City Council considered a communication from Mayor Pro Tern Cathy Green transmitting the
following Statement of Issue: The city recently completed reducing the General Fund for the
current fiscal year by about $11 million. This included many difficult cuts that impacted a number of
city services. If and when the city is in a financial position to consider adding services and functions
back, I would like to see certain services have first priority. These services are the funding and
unfreezing of the vacant Police Department positions, the concrete maintenance function, the pest
and weed control service, and the full restoration of the graffiti removal program. The one
exception to this would be any program that clearly produces revenue that offsets 100% of the new
costs.
move that the City Council adopt the above -described services as the first to be funded when and .
if monies become available before any services are restored in the budget.
A motion was made by Coerper, second Green to approve the recommended action and adopt the
following described services as the first to be funded when and if monies become available before
any services are restored in the budget: Funding and unfreezing of the vacant Police Department
positions, the concrete maintenance function, the pest and weed control service, and the full
restoration of the graffiti removal program. The motion failed by the following roll call vote:
AYES: Sullivan, Coerper, Green,
NOES: Boardman, Cook, Houchen, Hardy
ABSENT: None
(13) September 15, 2003 - Council/Agency Minutes - Page 13
Mayor Boardman announced the telephone number for the Graffiti Hotline is 960-8861.
(City Council) Direct Staff Regarding Method of Processing the Property Tax Refunds
(Howard Jarvis Property Tax Lawsuit) and Direct Staff to Report Back to Council at the
October 6, 2003 Meeting (120.25)
Communication from Councilmember Dave Sullivan transmitting the following Statement of Issue:
At some date, probably in December, the clock will start ticking on as many as 30,000 tax refund
claims. There will be a need to respond in a timely manner for many reasons, including both legal
and public perception. The refund process is an enormous and unprecedented task that the city
must undertake. Huntington Beach elected officials, as well as staff, bear responsibility to produce
a process that can withstand public scrutiny. Time is of the essence in developing a refund
process plan.
Considerable discussion was held concerning the proposed property tax claim process and the
proposed issuance of bonds.
A substitute motion was made by Hardy, second Cook to request a report from the City
Administrator as to the steps that will be taken and on the approximate date when each step will be
completed.
The motion carried by the following roll call vote:
AYES: Boardman, Cook; Houchen, Hardy
NOES: Sullivan., Coerper, Green
ABSENT: None
(City Council) Announcement Made Regarding Patriot Day
Councilmember Sullivan stated Patriot Day at Pier Plaza and at Lake Park were outstanding
programs in the community which were in remembrance of September 11, 2001.
(City Council) Announcement of Planning Commissioner Resignation
Mayor Boardman announced her acceptance of the resignation of Planning Commissioner
Randy Kokal and her plans to appoint a replacement in two weeks.
(City Council) Announcement of Retirement of City Administrator
City Administrator Ray Silver announced his pending retirement in July 2004:
(Meeting Adjournment on the following page)
C
(14) September 15, 2003 - Council/Agency Minutes - Page 14
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, October 6, 2003, at 5:00 p.m., in Room. B-8 Civic Center,
2000 Main Street HuntingtonBeach,. California.
City —Co 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