HomeMy WebLinkAbout2004-01-05 (6)Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, January 5, 2004
5:00 P.M. - Room B-8
7:00 P.M. -Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 5:00 p.m. portion of this meeting
and a videotape of the 7:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Call to Order
Mayor Pro Tern Hardy 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, Cook, Houchen, Hardy (Green arrived at 5:15 p.m., Boardman
arrived at 5:40 p.m.)
Absent: None
The Following Late Communication Was Submitted During the Study Session Portion of
the Meeting:
Late Communication submitted by the Department of Public Works (undated) titled Table 5-3.
Summary of Storage/Supply Analysis (without Bolsa Chica) was distributed during the Study
Session portion of the meeting.
Public Comments
Russell Reinhart, representing the Huntington Beach Police Officers Association (HBPOA),
spoke regarding the proposed health plan and the high costs incurred. He gave reasons why
he believes Council needs to make a decision concerning an employee health plan.
Kreg Muller, representing the Huntington Beach Police Officers Association, spoke concerning
labor relations which needs resolution to attract police recruits. He urged Council to make a
decision concerning an employee health care plan.
Dennis Hashin, representing the Huntington Beach Police Officers Association, stated
CALPERS is recommended and the preferred health plan by all employee associations. He
spoke concerning an agreement by the HBPOA to pay benefits for the first year. Mr. Hashin
urged Council to make a decision on employee health care.
Chuck Scheid expressed the need for information to be released to the public regarding labor
negotiations. Mr. Scheid spoke concerning the security plan relating to the Water Master Plan,
cautioning that funds will run out which will require funds to be co -mingled.
(2) January 5, 2004 - Council/Agency Minutes - Page 2
(City Council/Redevelopment Agency) Study Session Held — Presentation Made by the
Public Works Department Regarding Water Master Plan Update (Refer to Consent
Calendar Item to Follow) (600.10)
City Adminstrator Ray Silver introduced Public Works Director Robert F. Beardsley, who
reported on the Water Master Plan update.
Director Robert F. Beardsley presented a Power Point report dated January 5, 2004 titled Water
Master Plan Update — Status Report of Programs and Progress which was included in the
agenda packet.
Public Works Director Beardsley spoke regarding emergency conditions as set forth in the Late
Communication submitted during the Study Session portion of the meeting which was
announced at the 7:00 portion of the meeting by Assistant City Clerk Liz Ehring. Analysis
information included in the table of the document was clarified for Council by Director Beardsley.
Public Works Director Beardsley reported on the history of the City's severance of water
connection with San Joaquin Reservoir and other concerns relating to the status of the water
supply.
He informed Council that he will provide information on the agreement with neighboring cities for
water connections.
Discussion was held between Council and staff concerning involvement of the Public Works
Commission on the Water Master Plan. -
Director Beardsley reported that the Consent Calendar agenda item regarding the Water Master
Plan, to follow for Council consideration is not within purview of the Public Works Commission
as it is not a capital improvement project.
Mayor Green thanked Director Beardsley for the report.
Motion to Recess to Closed Session — Approved
A motion was made by Coerper, second Boardman to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(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)
(3) January 5, 2004 - Council/Agency Minutes - Page 3
Reconvened City Council/Redevelopment Agency Meeting — 7:15 P.M. — Council
Chambers.
City Council- Redevelopment Agency Roll Call
Present: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
Absent: None
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Green 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 Cathy Green
Invocation — Led by Councilmember Dave Sullivan
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 submitted by the Department of Public Works (undated) titled Table 5-3.
Summary of Storage/Supply Analysis (without Bolsa Chica) was distributed during the Study
Session portion of the meeting.
Communication submitted by the City Clerk's Office dated January 5, 2004 (untitled) correcting
a typographical error on the agenda item concerning City Council appointments to the
Environmental Board.
The Following Additional Late Communications Were Submitted During the Meeting:
Communication submitted by Dr. Jan Vandersloot dated December 17, 2003 titled Request for
Expressions of Interest Ocean Water Desalination Program from the Orange County Water
District (OCWD) requesting interested companies to provide cost information for a potential
desalination plant in Huntington Beach.
Communication in opposition to Districting submitted by Topper Horack transmitting a
PowerPoint report which was presented during the Public Comments portion of the
January 5, 2004 City Council meeting. Liz Ehring, Assistant City Clerk, requested a copy of the
report for the official record.
Presentation made by Mayor Cathy Green, members of the Huntington Beach Youth Summit
Coalition and Police Officer Bruce Bradley. These special presentations to the Youth Summit
Coalition major sponsors were for their outstanding contributions to the program to combat
alcohol and drug abuse. (160.40)
(4) January 5, 2004 - Council/Agency Minutes - Page 4
Presentation made by representatives of Santa Ana College, who presented a check to the
Huntington Beach Fire Department for $350,000.00 for improvements to the Fire Training
Center Burn Tower. Mayor Cathy Green and Fire Chief Duane Olson accepted the check on
behalf of the City. (160.40)
Presentation made in recognition to the Planning Department for outstanding service, by
Planning Commission Chair Ron Davis on behalf of the Planning Commission. Planning
Director Howard Zelefsky accepted the award on behalf of the Planning Department. (160.40)
Presentation made by Mayor Cathy Green, a commendation to Corporal David Tennant, who
will be returning to his unit on January 9, 2004 to serve in the Iraq War. Mayor Green thanked
Corporal Tennant for his outstanding courage and dedication while serving his country.
Public Comments
Joey Racano spoke in opposition to the proposed Poseidon desalination plant and the existing
AES power generating plant in the South East Huntington Beach neighborhood.
Dr. Jan Vandersloot distributed a Late Communication urging opposition to the proposed
desalination plant. He thanked Council for rejecting the proposed Poseidon desalination project
EIR (Environmental Impact Report).
Thomas Lash stated his credentials as a microbiologist and thanked Council for their consideration
concerning the proposed Poseidon desalination plant. Mr. Lash spoke in opposition to the
proposed .Poseidon desalination project.
Dr. Ralph Bauer spoke in opposition to Measure E, the Districting Initiative on the March 2, 2004
election ballot giving a website address of www.Nodistricts.org for citizens to contact for information
concerning the proposed charter amendment measure.
John Earl spoke regarding the "public trust doctrine" in relation to water resources, stating that it
should be adhered to for accountability. He spoke in opposition to the proposed desalination
project.
Mary Jo Baretich spoke in opposition to the proposed Poseidon desalination plant. Ms. Baretich
stated her belief that there are alternatives to desalination.
Councilmember Boardman announced that Wes Bannister is the City's representative on the
Orange. County Water Board (OCWD) to be contacted for any questions.
Gene Frederick stated that a walkway with overgrown vegetation in the area of Saddleback Lane
up to Discovery Park and Summit Street needs maintenance and requested Council assistance.
Mayor Green requested Mr. Frederick to turn in a blue contact form to the Sergeant -at -Arms.
Topper Horack presented a PowerPoint report in opposition to Measure E - Districting measure
on the March 2, 2004 election ballot. He spoke concerning the issues relating to the Districting
Measure and how he believes Measure E would be detrimental to the City of Huntington Beach.
(5) January 5, 2004 - Council/Agency Minutes - Page 5
John McGregor spoke in opposition to the proposed Poseidon desalination plant. Mr. McGregor
gave reasons why he believes that under existing conditions the proposed project should not be
approved.
Doug Korthof thanked Council for helping to defeat the Sanitation District's.request for sewage .
treatment waiver from the Clean Water Act. Mr. Korthof gave reasons why he .believes the
proposed Poseidon desalination plant is an industrial plant and does not belong at the proposed
location. He stated his opposition to the proposed desalination project.
Tim Geddes stated his opposition to Measure E Districting charter amendment. Mr. Geddes gave
reasons why he believes the citizens of Huntington Beach should vote no on Measure E.
Norm Westwell spoke in support of the agenda item concerning tree removal and replacement at
the expense of a property owner, stating his belief it would promote community involvement. Mr.
Westwell requested a "sunset clause" to be placed on the agenda item concerning sewer fees so it
can be revisited at a later time.
Don McGee spoke in opposition to the proposed Poseidon desalination plant and the existing AES
power generating plant in the South East Huntington Beach neighborhood. Mr. McGee stated his
belief that the proposed desalination plant would harm the ecology.
Dean Albright spoke in favor of tree replacement and maintenance concerning curbs, gutters and
sidewalks. Mr. Albright stated his belief that the Districting Measure E will not bring about changes
regarding tree maintenance.
(City Council) Continued from the December 15, 2003 Council Meeting — Approved as
Amended City Council Liaison Appointments for Citizen Boards, Commissions, Committees,
and Task Forces for the Year 2004 (120.20)
The City Council considered a communication from Mayor Cathy Green transmitting her list of
recommendations for Council Liaison and Council Committee Member assignments for year
2004, titled City of Huntington Beach — City Council Liaison Appointment - Citizen Boards,
Commissions, Committees, and Task Forces.
A motion was made by Coerper, second Sullivan to remove for separate consideration the
Orange County Vector Control District assignment of Peter Green. The motion carried by the
following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
Mayor Cathy Green stated she would abstain from voting due to her husband's appointment to
continue on the Orange County Vector Control District.
Mayor Pro Tern Jill Hardy appointed Peter Green to the Orange County Vector Control Board.
(6) January 5, 2004 - Council/Agency Minutes - Page 6
A motion was made by Hardy, second Coerper to approve the Council Liaison Appointment List
as amended by the first motion to remove for separate consideration the Vector Control
Assignment of Peter Green and the subsequent appointment made by Mayor Pro Tern Hardy of
Peter Green to Vector Control. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: Green
(City Council) Recommendation by the City's Beautification, Landscape and Tree (BLT)
Committee Re: Amendment to the City Policy to Allow Removal and Replacement (without
Requirement of being on Petition List) of Parkway Trees at the Expense of the Property
Owner - Pulled Recommended Action and Continued to BLT Committee Meeting (100.10)
The City Council considered a communication from Councilmember Coerper, Chair, transmitting on
behalf of the Beautification, Landscape and Tree Committee members Mayor Pro Tern Jill Hardy
and Councilmember Dave Sullivan, the following Statement of Issue: The current City Tree
Removal/Replacement Policy (see Attachment 1 included in the agenda packet) outlines factors
taken into consideration when the Director of Public Works determines whether the removal and
replacement of a City Tree is necessary. The Public Works Department's Street Tree Petition
process requires that at least 75% of the property owners on an impacted street agree with the
proposed tree removal. The rationale for this is to insure that neighbors who benefit from the
parkway trees are in agreement with the potential change in their streetscape. Analysis: The
process of gaining.neighborhood consensus is difficult and burdensome to many residents. Many
property owners have expressed a desire to remove and replace the parkway tree in front of their
residence at their own expense. Currently, the only way the Department of Public Works allows this
to take place is if the resident's street is on the Petition List and, then, the Public Works Department
will provide a "no fee" permit for the adjacent property owner's removal of the parkway tree, repair
of any damaged curb, gutter and sidewalk, and planting of a new parkway tree, all at the property
owners expense. If a property owner desires to complete this work on a street that is not on the
Street Tree Petition list, then the resident is directed to complete the petition process.
Currently, there are over 90 street segments awaiting work that have completed the Street Tree
Petition process. The estimated cost of these repairs exceeds $14 million. Currently, only property
owners on these 90 street segments have the opportunity to pay for the parkway tree
removal/replacement, curb and gutter and sidewalk repair. The Beautification, Landscape and Tree
Committee, on November 25, 2003, recommended that this process be brought to the full City
Council, for discussion and possible amendment; to allow more property owners to correct their tree
issues more readily, without the necessity of the Street Tree Petition process.
Included here is the November 25, 2003 staff report (without attachments) to the Beautification,
Landscape and Tree Committee on this issue (see Attachment 2 included in the agenda packet).
Considerable discussion was held between Councilmembers and Public Works Director
Robert F. Beardsley concerning tree issues including: 1) tree removal; 2) tree replacement; 3)
types of trees allowed; 4) attempt to alleviate time consuming petitions; and 5) simplifying the
process for citizens.
(7) January 5, 2004 - Council/Agency Minutes - Page 7
A motion was made by Coerper, second Sullivan to direct the Director of Public Works to allow
removal and replacement of parkway trees, including necessary sidewalk, curb, and/or gutter
repair, all at the expense of the property owner, without the location necessarily being on the
Petition list. All other conditions of the current City Tree Removal/Replacement Policy will remain in
effect.
The motion was withdrawn. The City Council removed the recommended action from
consideration and continued the item to the Beautification, Landscape and Tree (BLT) Committee
meeting.
(City Council) Announcement Made by Mayor Cathy Green of Individual Appointments of
(1) Dick Harlow to the Public Works Commission; (2) Don Hansen to the Finance Board;
and (3) Ed Bush to the Investment Advisory Board (120.20)
The City Council considered an announcement from Mayor Cathy Green concerning the
following individual appointments.
A motion was made by Green, second Coerper to direct the City Clerk to make record in the
minutes to reflect the individual appointments by Mayor Cathy Green of (1) Dick Harlow to the
Public Works Commission; (2) Don Hansen to the Finance Board; and (3) Ed Bush to the
Investment Advisory Board. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Approved Appointments of Randy Fuhrman and Don Rice to the
Environmental Board (120.20)
The City Council considered a communication from Mayor Pro Tern Jill Hardy and
Councilmember Connie Boardman, Liaisons to the Environmental Board, transmitting the
following Statement of Issue: Currently, there are two vacancies on the Environmental Board
due to unexpired terms.
A motion was made by Boardman, second Hardy to request Council approval of the following
appointments to the Environmental Board: 1) Randy Fuhrman to fill the term of Joan Prijatel
that expires on June 30, 2004; and 2) Don Rice to fill the term of Carrie Thomasthat expires on
June.30, 2007. The motion carried by the following roll call voter
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Locals Night Downtown Free Parking Trial Promotion for Tuesday Nights in
February or March in the Main Promenade Parking Structure
(8) January 5, 2004 - Council/Agency Minutes - Page 8
(City Council) Professional Services Contract with Tetra Tech, Inc. for Water Master Plan
Update/Security Plan; CC-1221 (Refer to 5:00 p.m. Study Session Agenda Item)
Consent Calendar — Items Approved
On motion by Boardman, second Hardy Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Approved Renewal of License (Lease) Agreement Between the City and
County of Orange for the Luis M. Ochoa Job Center Site- Transfer Station
No. 2 at 18131 Gothard Street (600.25) — Approved and authorized the Mayor and City Clerk
to execute the License Agreement between the City of Huntington Beach and the County of
Orange for a portion of Transfer Station No. 2, located at 18131 Gothard Street in Huntington
Beach. Submitted by the Economic Development Director. Funding Source: The $600.00 in
annual license fees for use of this site is budgeted in the Business Development Division
Account.
(City Council) Accepted 2003/2004 Department of Justice -Local Law Enforcement. Block
..Grant (LLEBG) Awarded and Authorized Expenditures for Various Types of Police Safety
Equipment (340.80) —1. Accepted the total grant award of $84,070 from the Department of
Justice for funding cycle 2003-2004 and appropriate funds; and 2. Established a separate
business unit for this funding; and 3. Authorized the Chief of Police to expend $84,070.00 plus
any accrued interest on Police Department Officer Safety Equipment as described. (Types of
equipment include tasers, patrol rifles, SWAT tactical vests, pepper ball rifles, ballistic helmets,
crowd control shields, and 40 mm specialty impact launchers.) Submitted by the Chief of
Police. Funding Source: A 10% City match of $8,407.00 is required and is within the Police
Department's 2003-2004 budget.
(City Council) Approved Selection of the Executive Search Firm of Maximus, Inc. for the
Recruitment of the Next City Administrator (Ray Silver's Replacement Upon his Intended
Retirement) (600.10) — Authorized the City Administrator to enter into an agreement with
Maximus, Inc. titled Professional Services Contract Between the City of Huntington Beach and
Maximus, Inc. for Executive Recruitment Services for the recruitment of the. next City
Administrator. Submitted by the City Administrator. Funding Source: Sufficient funds of
$30,000.00 exist in the City Administrator's budget.
(City Council) Removed from Agenda to Return at a Date Uncertain - Locals Night
Downtown Free Parking Trial Promotion for Tuesday Nights in February or March in the
Main Promenade Parking Structure (340.10)
Councilmember Cook requested that this agenda item be removed from the Consent Calendar
to receive clarification concerning the Downtown free parking trial promotion.
Councilmember Boardman requested that staff advise Council concerning the amount of lost
revenue if the proposed program is approved.
(9) January 5, 2004 - Council/Agency Minutes - Page 9
A motion was made by Cook, second Sullivan to:
Remove from the agenda the Downtown free parking trial promotion for Tuesday nights to
return at a date uncertain.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Approved Professional Services Contract with Tetra Tech, Inc. for Water
Master Plan Update/Security Plan; CC-1221 (Refer to 5:00 p.m. Study Session Agenda
Item) (600.10)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar to discuss the Water Master Plan.
Director of Public Works Robert F. Beardsley clarified the change in the structure in response to
Councilmember Sullivan's inquiry.
A motion was made by Sullivan, second Coerper to:
Approve and authorize the Mayor and _City Clerk to execute a Professional Services Contract
between the City of Huntington Beach and Tetra Tech, Inc. for Water Master Plan
Update/Security Plan (CC-1221) for an amount not to exceed $375,000.00.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None (Houchen out of room)
(City Council) Approved Community Facilities District (CFD) 2003-1 Issuance of up to $25
Million in Bonds Relative to Huntington Center Associates' Owner Participation
Agreement (Bella Terra) — Approved for Introduction Ordinance No. 3631 — Adopted
Resolution No.,2004-1 (350.30)
The City Council considered a communication from Economic Development Director and the
Administrative Services Director transmitting the following Statement of Issue: On October 2,
2000, the Redevelopment Agency of the City of Huntington Beach entered into an Owner
Participation Agreement (OPA) with Huntington Center Associates, LLC for the redevelopment
of Huntington Center. A component of the financing for the project stipulates that the Developer
and the Redevelopment Agency will cooperate in the issuance of Community Facilities District
(CFD) bonds to pay for the costs associated with installing public improvements necessary for
the project. The bonds are supported by a special property tax levy imposed on the owner of
the property (Huntington Center Associates, LLC). On February 3, 2003, the City established
Community Facilities District No. 2003-1 for that purpose. The actions recommended below are
necessary to issue up to $25 million in CFD bonds.
(10) January 5, 2004 - Council/Agency Minutes - Page 10
City Administrator Ray Silver introduced Economic Development Director David Biggs who gave
background information and an overview of the project.
Director Biggs delivered a PowerPoint presentation submitted by the Economic Development
Department dated January 5, 2004 titled Huntington Center Community Facilities District No..
2003-1 (Bella Terra) which was included in the agenda packet.
Discussion was held between Council and staff regarding the issuance of bonds.
After Assistant City Clerk Liz Ehring read by title, a motion was made by Boardman, second
Coerper to approve and adopt the following two recommended actions:
Approve by roll call vote Introduction of Ordinance No. 3631 "An Ordinance of the City Council
of the City of Huntington Beach Levying Special Taxes within the City of Huntington Beach
Community Facilities Distinct No. 2003-1 (Huntington Center);"
and
Adopt Resolution No. 2004-1 — "Resolution of the City Council of the City of Huntington Beach
Authorizing the Issuance of Special Tax Bonds for the City of Huntington Beach Community
Facilities District No. 2003-1 (Huntington Center) in an Aggregate Principal Amount not to Exceed
$25, 000, 000 and Approving Certain Documents and Taking Certain Other Actions in Connection
Therewith. "
The motion carried carried by the following roll call voter
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Emergency Ordinance No. 3632 - Not Adopted - Directed Staff to Return
to Council at the January 12, 2004 Meeting with a Revised Emergency Ordinance No.
3632 Amending the Huntington Beach Municipal Code Chapter 9.20 Relating to
Prohibited Public Conduct Regarding Prohibited Equipment Re: Guidelines for Length
and Size of Poles and Lumber for Signs Such as Demonstration or Picket Signs (640.10)
The City Council considered proposed Emergency Ordinance. No. 3632 "An Ordinance of the.
City of Huntington Beach Amending Chapter 9.20 of the Huntington Beach Municipal Code
Relating to Prohibited Public Conduct."
Police Chief Kenneth Small reported on poles and on balloons as they relate to this proposed
ordinance. Chief Small spoke about whether a balloon is an inflatable device.
City Attorney Jennifer McGrath spoke in support of the proposed ordinance.
Considerable discussion was held between Council and staff whether modification of the
ordinance is possible and whether the ordinance poses constitutional issues.
(11) January 5, 2004 - Council/Agency Minutes - Page 11
A motion was made by Sullivan, second Coerper to:
Direct City Attorney McGrath and Police Chief Small to revise the ordinance and return to
Council at the January 12, 2004 City Council meeting.
The motion passed by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3628 Deleting Chapter 3.04 of the Huntington
Beach Municipal Code Relating to Fund Regulations — Office of the City Treasurer
(640.10)
After Assistant City Clerk Liz Ehring read by title, a motion was made by Boardman, second
Hardy to adopt Ordinance No. 3628 - "An Ordinance of the City of Huntington Beach Deleting
Chapter 3.04 of the Huntington Beach Municipal Code Relating to Fund Regulations. "
(Introduction approved December 15, 2003.) The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3629 Amending Chapter 12.04 of the Huntington
Beach Municipal Code Defining the Datum Plane — The Datum Plane is the Official
Vertical Plane For Survey Measurements Which Was Updated to Meet Current
Information (640.10)
After Assistant City Clerk Liz Ehring read by title a motion was made by Boardman, second
Hardy to adopt Ordinance No. 3629 - "An Ordinance of the City of Huntington Beach Amending
Chapter 12.04 of the Huntington Beach Municipal Code Defining the Datum Plane."
(Introduction approved December 15, 2003.) The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3630 Amending Chapter 1.18 of the Huntington
Beach Municipal Code Relating to Administrative Citations (640.10)
After Assistant City Clerk Liz Ehring read by title, a motion was made by Hardy, second Coerper
to adopt Ordinance No. 3630 - "An Ordinance of the City of Huntington Beach Amending Chapter
1.18 of the Huntington Beach Municipal Code Relating to Administrative Citations." (Introduction
approved December 15, 2003.) The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(12) January 5, 2004 - Council/Agency Minutes - Page 12
(City Council) Adopted Ordinance No. 3626 Amending the Huntington Beach Zoning and
Subdivision Code by Amending District Map 14 (Sectional District Map 13-6-11) —
Rezoning Property Located on the w/s of Lochlea Lane at the Intersection with Lomond
Drive (450.20)
After Assistant City. Clerk Liz Ehring read by title, a motion was made by Hardy, second Coerper
to adopt Ordinance No. 3626 — "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Zoning and Subdivision Code by Amending District Map 14 (Sectional District
Map 13-6-11) to Rezone the Real Property Generally Located on the West Side of Lochlea
Lane, at the Intersection with Lomond Drive from RA-FP2 (Residential; Agriculture -Flood Plain
2) to RL-FP2 (Residential Low -Density -Flood Plain 2) (Zoning Map Amendment No. 02-03). "
(Introduction Approved December 15, 2003.) The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Amended Formation of an Ad Hoc Committee to Revisit the City's Code of
Ethics to Develop Recommendations on Whether or not Councilmembers Serving On Other
Governmental Bodies May Accept Stipends - Amended to Show That the Fourth Provision of
the Code of Ethics Provide That Accepting Financial Consideration From Any Source Other
Than the City of Huntington Beach for Performance of Official Duties, Except Stipends
Received for Service on a Local, Regional or State Governmental Body (120.25)
The City Council considered a communication from Mayor Cathy Green transmitting the following
Statement of Issue: Review of the Code of Ethics.
It has come to my attention that the current City Code of Ethics prevents Council members serving
as representatives of the city on local, regional or state governmental bodies from receiving
stipends from these bodies. (See City Attorney's opinion included in the agenda packet).
These stipends are generally intended to reimburse the members for expenses incurred in serving
on these bodies. Several members of the Council serve on bodies that provide stipends. It seems
appropriate, therefore, that a committee of the Council revisit the Code of Ethics to develop
recommendations on whether modifications should be made to allow such stipends.
Considerable discussion was held between Council and staff concerning revisiting the Code of
Ethics.
City Attorney Jennifer McGrath clarified information regarding modification of the Code of Ethics.
A motion was made by Councilmember Sullivan to approve that an Ad Hoc Committee of the
Council be convened to develop recommendations on whether there should be amendments to the
City Code of Ethics relating to stipends received for serving on a local, regional or state
governmental body.
Following discussion, Councilmember Sullivan withdrew his motion.
(13) January 5, 2004 - Council/Agency Minutes - Page 13
A motion was made by Hardy, second Coerper to amend the recommended action to show that the
fourth provision of the Code of Ethics provide that accepting financial consideration from any source
other than the City of Huntington Beach for performance of official duties, except stipends received
for service on a local, regiona; or state governmenta, body. The motion carried by the following roll
call vote:
AYES: Sullivan, Coerper, Hardy,
NOES: None
ABSENT: None
Green, Boardman, Cook, Houchen
A motion was made by Mayor Cathy Green to bless any past improprieties concerning stipends.
Councilmember Boardman initiated discussion regarding the issue.
The motion died for lack of a second.
(City Council) Directed Staff to Meet with the Finance Board at Their January 2004
Meeting to Begin Its Process for Year 2004 Budget Recommendations (320.30)
The City Council considered a communication from Councilmember Dave Sullivan transmitting the
following Statement of Issue: The next year will involve a difficult budget process. The City
Council will need all the advice that we can get. The Finance Board is willing to offer their
assistance.
A motion was made by Sullivan, second Coerper to request the Finance Board to begin the process
of making recommendations regarding next year's budget.
Prior to voting on the motion on the floor, discussion was held between Council and staff
concerning a schedule for budget recommendations from the Finance Board.
City Administrator Ray Silver clarified the Finance Board's timetable concerning the budget
process.
A motion was made by Sullivan, second Coerper to amend to show direction to staff to meet
with the Finance Board at their January 2004 meeting in order to begin the process of
making recommendations regarding next year's budget. The motion carried by the following roll
call vote:
AYES: Sullivan., Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Announcement Made Regarding the Interfaith Council on the Procession
of Lights
Mayor Cathy Green thanked the Interfaith Council for their "Oneness of Spirit" at the Procession
of Lights.
(14) January 5, 2004 - Council/Agency Minutes - Page 14
Adjournment — City Council/Redevelopment Agency
Mayor Green adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to Monday, January 12, 2003, at 3:30 p.m., in Room B, Lower Level Central
Library, 7111 Talbert Avenue, Huntington Beach, California, 92648.
ATTEST:
City Clerk -Clerk
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City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
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of the City of Huntington Beach, California
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