HomeMy WebLinkAbout2004-01-12Adjourned Regular Meeting
Minutes
City Council/Redevelopment Agency
City of Huntington.Beach
Monday, January 12, 2004
3:30 P.M. -- Room B, Central Library
7111 Talbert Avenue
Huntington Beach, California 92648
An audiotape of the 3:30 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Cali to Order
Mayor Green called the adjourned regular meetings of the City Council/Redevelopment Agency of
the City of Huntington Beach to order at 3:30 p.m. in Room B, Central Library.
City Council/Redevelopment Agency Meeting Roll Call
Present: Sultivan, Coerper, Green, Boardman, Cook, Houchen, Hardy .(Houchen arrived at
3:40 p.m.)
Absent: None
The Assistant City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, Assistant City Cleric Elizabeth Ehring announced
Late Communications regarding agenda items that had been received by the City Clerk's Office
following distribution of the agenda packet:
Communication submitted by Mayor Cathy Green dated January 12, 2004 and titled Community
Participation in the Recruitment of the Next City Administrator.
Communication from Scott Larsen, MA dated January. 12, 2004, in opposition to proposed
Ordinance No. 3632 (formerly Emergency), revised as Regular Ordinance No. 3633:
Communication from Ron Rodarte, dated January 12, 2004, in opposition to proposed
Ordinance No. 3632 (formerly Emergency), revised as Regular Ordinance No. 3633.
Communication from Linda Valdez, dated January 12, 2004, in opposition to proposed
Ordinance No. 3632 (formerly Emergency), revised as Regular Ordinance No. 3633.
(2) January 12, 2004 - Council/Agency Minutes - Page 2
Late Communication Submitted During the Meeting
Communication distributed by Mayor Green revising the Community Participation list attached to
Late Communication memo.
The Following Additional Date Communications Were Submitted During the. Meeting
Communication received from Don Boland dated January 12, 2004 re Labor Relations Closed
Session item titled Huntington Beach Firefighters Association.
Public Comments
Russel Reinhart, representing the HB Police Officers Association presented reasons in favor of
CALPERS as the best health insurance benefit plan.
Dennis Hashin spoke in favor of CALPERS plan and presented his calculations. Mr. Harshin
also said that the plan has no tax liability.
Irwin Fuerstein presented reasons why CALPERS was the best way for the City to go for the
long term_
Donald Boland, representing the HB Firefighters Association submitted a Late Communication
regarding health plan proposals.
Allan Beek spoke against the proposed Ordinance No. 3633, stating that banning signs is
inappropriate.
Chuck Scheid spoke in favor of 3% at age 50 in health benefits and his preference for CALPERS
plan, provided it would be at no cost to employees. Mr Scheid also spoke in opposition to the
proposed G-2a ordinance and inquired about instances where public assembly was unlawful. Mr
Scheid also said that the proposed ordinance was an inappropriate tool to accomplish the Police's
task. Mr. Scheid inquired further what constitutes public assembly that would justify the proposed
ordinance to be passed.
Mary Jo Beretich, a resident of Cabrillo Mobile Home Park, stated that per her review of Ordinance
No. 3633 covering parades, she found no sections defining banners. Ms. Beretich also expressed
her opposition to carry paper banners and urged the Council to vote against the proposed
ordinance.
Lisa Cooper-Keil expressed her opinion stating that Ordinance 3633 is restriction of freedom, as
well as a violation of the First Amendment rights.
Joey Racano spoke in opposition to Ordinance No. 3633 stating the need to protect the rights to
demonstrate effectively.
Teddi Alves expressed her belief that Police are not public servants and alleged having witnessed
incidents of police brutality as a political activist. Ms. Alves also said that there is too much police
power.
(3) January 12, 2004 - Council/Agency Minutes - Page 3
Mike Shrubsole requested the Council to oppose the proposed ordinance as not only violating First
Amendment rights but it also stifle civil liberties.
John Earl spoke against Ordinance No. 3633 stating that the ordinance is divisive. Mr. Earl
requested the Council to reconsider due to the need for checks and balances.
Tim Geddes cited sections in Ordinance No. 3633 regarding prohibited equipment and stated his
opposition to banning the use of any equipment unless used as a weapon.
Mike Garrick, Albertson's employee, displayed a picket sign stating that it is not being used as a
weapon and presented reasons why some picketers carry picket signs of varying lengths. Mr.
Garrick requested the Council not to place limitations on the type of signs used for demonstrations.
Mr. Garrick obliged to the Council's request to leave the Union sign for study by Council at the
meeting.
Gloria Dittmer expressed concern over the proposed ordinance, stating that it would not allow
people to express their opinions in a free and honest demonstration. Ms Dittmer added that the
proposed ordinance infringe First Amendment rights and requested the Council to reconsider
opposing the ordinance.
(City Council) Ordinance No. 3632 Continued from January 5, 2004 Meeting — Approved for
Introduction as Regular Ordinance No. 3633 Amending the Huntington Beach Municipal Code
Chapter 9.20 Relating to Prohibited Public Conduct Regarding Prohibited Equipment (640.10
A motion was made by Boardman, second Cook to bring Ordinance No. 3633 forward as first
agenda item for discussion. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
Police Chief Kenneth Small presented an Oral Report regarding the process by which the ordinance
was drafted. He stated that the proposed ordinance was drafted specifically for Huntington Beach,
given the current circumstances going on in the city. Chief Small explained that the proposed
ordinance was for the purpose of protecting citizens' rights that come out of demonstrations and not
for regulating peace activists or what people say. Chief Small further added that the proposed
ordinance was meant as a tool for people to demonstrate in a way that would not prove hazardous
to other people.
The Police Chief brought with him some items that the Police Staff has gathered to show what are
used at the picket lines such as sharp iron and wooden sticks and PVC pipes.
Discussion was held regarding Ordinance No. 3633 restricting thickness to three -fourths inch and
allowing for plywood signs.
Mayor Pro Tern Hardy raised questions regarding metal pipes and dimensions of wood used.
(4) January 12, 2004 - Council/Agency Minutes - Page 4
Councilmember Boardman inquired on the matter regarding how police officers acquired the metal
pipes.
Councilmember Cook expressed opposition to the use of wood sticks, lumber, plywood, PVC.pipes.
to hold signs on:
Councilmember Houchen asked City Attorney McGrath regarding the definition of parades and how
it was distinguished from a rally. City Attorney McGrath stated she did not have the ordinance
defining parades with her at this meeting.
Discussion was held regarding having the ordinance approved for introduction at an adjourned
meeting which is not televised for full coverage.
A motion was made by Boardman, second Cook to continue the agenda item to the next televised
regular meeting of January 20, 2004. The motion failed by the following roll call vote:
AYES: Hardy, Boardman, Cook
NOES: Sullivan, Coerper, Green, Houchen
ABSENT: None
Councilmember Sullivan expressed the belief that there is ample time for deliberation at a televised
second reading.
A motion was made by Sullivan, second Green to continue the discussion of Ordinance No. 3633 at• .
this non -televised meeting of January 12, 2004 and not at a regular meeting of January 20, 2004.
Discussion continued on the Ordinance to determine a minimum dimension of picket materials,
including plywood signs.
A motion was made by Coerper, second Sullivan to amend Section (a) of Huntington Beach
Municipal Code Chapter 9.20 of Ordinance No. 3633 to show thickness to three -eighths inch. The
motion carried by the following roll call vote,
AYES: Sullivan, Coerper, Green, Houchen
NOES: Hardy, Boardman, Cook
ABSENT: None
Motion to Recess at 4:50 p.m. - Approved
Reconvened City Council/Redevelopment Agency Adjourned Regular Meetings at 4:55 p.m.
in Room B
Mayor Cathy Green reconvened the Study portion of the adjourned regular meetings at 4:55 p.m.
Roll Call
Present: Sullivan, Coerper, Green, Boardman, Cook, Houchen (Hardy out of room)
(5) January 12, 2004 - Council/Agency Minutes - Page 5
(City Council/Redevelopment Agency) Reviewed and Finalized the Approach to and
Materials For the Recruitment of the Next City Administrator with Maximus, Inc. (600.10)
Norm Roberts and Eric Middleton, representatives of Maximus, Inc., announced that they have met
one-on-one with members of the Council receive input regarding the process by which recruitment
of the next City Administrator would be made. Mr. Roberts said that based from these input the
following attributes are to be considered thell 2-point criteria as follows:
1. Promotion of an evolving innovative workforce in organization and culture;
2. Maintenance of optimum service levels in view of the State's fiscal proposal in the property
tax refund group;
3. Review of the City's organizational structure and staff in levels of the appropriate instituted
current conditions;
4. Possible change in the number and method of selection of councilmembers;
5. Preservation of the environmental character of the City;
8. Development of employer -employee partnership in Huntington Beach;
7. Labor relationship between employees and Human Resources Departments with 1-year
contracts;
8. Strengthening tax base;
9. Construction of desalination plant;
10. Increased volunteerism in the City;
11. Maintenance of public safety; and
12. Attracting and .maintaining employees:
Discusssion was held regarding Community Participation List Memo by Mayor Cathy Green
which was announced earlier in the Late Communication by Assistant City Clerk Elizabeth
Ehring. The workshop was designed to solicit public inputs that will be used in the recruitment of
the next City Administrator. The list was narrowed down to seven to up to twenty workshop
participants as follows:
Business - Joyce Riddell
Ron Shenkman
Education - Gary Rutherford
Ken Yglesias
Environmental - Gary Brown
Tom Livengood
Volunteer - Shirley Dettloff
Al Guidotti
Tourism - Steve Bone
Steve Daniel
Activists - Ed DeMulle
Ed Kerins
Flossie Horgan
(6) January12, 2004 - Council/Agency Minutes - Page 6
No vote was taken on the recommendation on Late Communication Memo dated and filed on
January 12, 2004.
Maximus, Inc. representatives assured the Council that they will return with a profile draft and
meet with the above -mentioned thirteen members and which will also include a larger group at
an upcoming community meeting at a date uncertain but prior to a Council Meeting to be.
scheduled on Friday, January 30, 2004:
A motion was made by Boardman, second Cook, to excuse the City Attorney from this item at
the meeting. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
Call Closed Session of City Council/Redevelopment Agency
A motion was made by Coerper, second Sullivan to recess to Closed Session on the following item.
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)
Adjournment — City Council/Redevelopment Agency
Mayor Green adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to Tuesday, January 20, 2003, at 5:00 p.m., in Room B Civic Center, 2000,
Main Street, Huntington Beach, California due to the Martin Luther King, Jr. Holiday.
. . dM VZ. e., /�! 2 t
City Clerk and ex-officio Clerkj6f 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 ayor- irman