HomeMy WebLinkAbout2004-01-20Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Tuesday, January 20, 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 Green 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, Hardy, Green, Cook (Houchen arrived at 5:10 p.m.)
Absent: Boardman
Assistant City Clerk Announced Late Communications Submitted During the Study Session
Portion of the Meeting
Pursuant to the Brown (Open Meetings) Act, Assistant City Clerk Liz Ehring announced Late
Communications regarding agenda items that had been received during the Study Session
portion of the meeting.
Communication consisting of a packet of collateral material submitted during the Study Session
portion of the meeting by the South Coast Air Quality Management District (SCAQMD) (undated)
titled AQMD South Coast Air Quality Management District Cleaning the Air We Breathe... describing
methods used by the AQMD.
Communication submitted during the Study Session portion of the meeting by Russell Reinhart,
representing the Huntington Beach Police Officers Association (HBPOA), regarding the Labor
Relations Closed Session agenda item (undated) including CalPERS Health Plan - Blue Cross
Brochure and Benefit Computation Sheet.
Public Comments
Russell Reinhart, representing the Huntington Beach Police Officers Association (HBPOA),
announced Safety Associations' recommendation for CALPERS as an employee health benefit
plan. Officer Reinhart distributed a brochure and computation benefit sheet, and responded to
Mayor Cathy Green's inquiries regarding the Late Communication he presented.
(2) January 20, 2004 - Council/Agency Minutes - Page 2
Eileen Murphy, spoke regarding Southern California Water Company and requested Council to
deny its proposed pipeline project. She stated reasons why she believes the proposed project
would be unfavorable to the City of Huntington Beach. Ms. Murphy informed Council of reasons
the Bolsa Chica Land Trust was formed.
Chuck Scheid spoke in opposition to Ordinance No 3633 relative to public assembly,
scheduled on the 7:00 p.m. portion of the agenda.
City Administrator Ray Silver announced the removal from the agenda of the item concerning
the Rainbow Disposal trash collection.
Councilmember Pam Houchen requested that the item regarding Rainbow Disposal trash
collection donation remain on the agenda for discussion and possibly for voting on by Council.
(City Council/Redevelopment Agency) Study Session Held — Presentation Made by
Mission Viejo Councilmember Regarding Overview of (SCAQMD) South Coast Air Quality
Management District Policies and Future Direction — Report To Be Presented Re: Issue of
Moratorium (520.75)
Air Quality Management District Governing Board Member/Mission Viejo Council Member William
Craycraft presented a PowerPoint report dated January 20, 2004 titled Introducing the AQMD which
was included on the Late Communication memo previously distributed. The report was regarding
the focus and direction of the. South Coast Air Quality Management District as well as the resources
available to the city.
Mr. Craycraft introduced Debra L. Reed, Senior Public Information Specialist, who is the
District's liaison to the City.
A South Coast Air Quality Management representative will return to Council at a date uncertain
regarding the issue of a moratorium on the generating plant.
Motion to Recess to Closed Session — Approved
A motion was made by Cook, second Houchen to recess to Closed Session on the following items.
Themotion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Cook, Houchen
NOES: None
ABSENT: Boardman (arrived during Closed Session)
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 al.; Orange County Superior Court Case No. 03CCO2021. Subject:
Southern California Water Company v. City of Huntington Beach, et al. (120.80)
(3) January 20, 2004 - Council/Agency Minutes - Page 3
(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)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer with
its attorney regarding pending litigation. Based on existing facts and circumstances, the legislative
body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of
Potential Cases: one. Subject: Potential Litigation re: Appeal of Notice of Violation and Order
Issued by Santa Ana Regional Water Quality Board. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:40 P.M. — Council Chambers.
City Council- Redevelopment Agency Roll Call
Present: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
Absent: None
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on Tuesday, January 20, 2004, Pursuant to Government Code §54957.1(a) (2) Re:
Southern California Water Company v. City of Huntington Beach, et al.; Orange County
Superior Court Case No. 03CCO2021 (120.80)
City Attorney Jennifer McGrath announced that on Tuesday, January 20, 2004, the City Council
convened in Closed Session to discuss litigation regarding Southern California Water Company
vs. City of Huntington Beach, Orange County Superior Court Case No. 03CCO2021. City
Attorney McGrath handed Assistant City Clerk Liz Ehring the related communication titled
(Appeal) Report of Action Taken Pursuant to Government Code Section 54957.1(a)(2); January
20, 2004, City Council Closed Session which reflected her oral statement.
The communication dated January 20, 2004 reads as follows: On Tuesday, January, 20, 2004
the City Council convened in closed session to discuss whether or not to defend, or seek or
refrain from seeking appellate review of relief, or to enter as an amicus curiae in any form of
litigation as the result of a consultation under Section 54956.9 in the matter of Southern
California Water Company vs. City of Huntington Beach, Orange County Superior Court Case
No. 03CCO2021. This case is [identity.of adverse party(s) & substance of litigation] where the
City was sued by Southern California Water Company because of the denial of its franchise
application.
The City Council voted to authorize an appeal of the decision.
The Council voted as follows: 5 Ayes; 2 Noes.
Ayes: Sullivan, Hardy, Boardman, Cook, Houchen. Noes: Coerper, Green
(4) January 20, 2004 - Council/Agency Minutes - Page 4
(City Council) City Attorney's Report of Action Taken by the City Council in Closed Session
on January 20, 2004 (Pursuant to Government Code §54957.1(a) (2) Re: Potential Litigation -
Appeal of Notice of Violation and Order Issued by Santa Ana Regional Water Quality Board.
(120.80)
City Attorney Jennifer McGrath reported that on Tuesday, January 20, 2004 the City Council
convened in Closed Session to discuss the matter of potential litigation regarding Appeal of Notice
of Violation and Order Issued by Santa Ana Regional Water Quality Board. City Attorney
Jennifer McGrath handed Assistant City Clerk Liz Ehring the related communication titled (Initiate
Litigation) Report of Action Taken Pursuant to Government Code Section 54957.1(a)(2); January 20,
2004, City Council Closed Session which reflected her oral statement.
The communication dated January 20, 2004 reads as follows: On Tuesday, January 20, 2004, the
City Council convened in closed session to discuss whether to initiate litigation regarding the matter
of notice of violation received by City from Regional Water Quality Control Board on December 23,
2003.
The City Council voted to appeal the notice of violation and order.
The Council voted as follows: 6 Ayes. Councilmember Boardman was absent at vote.
Pledge of Allegiance — Led by Mayor Cathy Green
Invocation - Led by Brother Bill
The Assistant City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, Assistant City Clerk Liz Ehring announced Late
Communications regarding agenda items that had been received by her office following
distribution of the agenda packet:
Communication from the City Clerk's Office advising that agenda page number 2 had been
revised following delivery of the Council packet last Wednesday. The revisions were to reflect
the receipt of a PowerPoint document for the Study Session on the South Coast Air Quality
Management District (SCAQMD) and to reflect the receipt of a Closed Session Potential
Litigation.
PowerPoint slide show dated January 20, 2004 titled Introducing the AQMD submitted by Air
Quality Management District Governing Board Member/Mission Viejo Council Member William
Craycraft.
Communication submitted by the Department of Public Works dated January 20, 2004 titled
Request to Remove Item E-1 from City Council Agenda requesting the item concerning
Rainbow Disposal be removed from the agenda as it requires revisions. It is anticipated the
item will be placed on the February 17, 2004 City Council agenda.
Communication submitted by Robert J. Stock of Gilbert & Sackman, A Law Corporation, dated
January 20, 2004 titled Ordinance No. 3633 in opposition to Ordinance No. 3633.
(5) January 20, 2004 - Council/Agency Minutes - Page 5
Com-,-1unic` n ,ubn y
opposition to Ordinance 3633.
Communication submitted by Patrick W. Brenden dated January 15, 2004 titled Ordinance 3633 in
opposition to Ordinance 3633.
Communication submitted by Pat Goodman dated January 20, 2004 titled Ordinance to Ban Sign
Paraphanelia at Demonstrations in opposition to Ordinance No. 3633.
Orange County Register article submitted by Councilmember Dave Sullivan dated August 26, 2003
titled Newport sees strides in taming the Fourth concerning safety on the Fourth of July.
Transmittal from Councilmember Sullivan of a memo from Police Chief Small dated January 15,
2004 titled 4 h of July Costs 1995-2003.
Communication consisting of a packet of collateral material submitted at the Study Session portion
of the meeting by the South Coast Air Quality Management District (SCAQMD) (undated) titled
AQMD South Coast Air Quality Management District Cleaning the Air We Breathe... describing
methods used by the AQMD.
Communication submitted by Russell Reinhart, representing the Huntington Beach Police Officers
Association (HBPOA), during the Study Session portion of the meeting regarding the Labor
Relations Closed Session agenda item (undated) including CalPERS Health Plan — Blue Cross
Brochure and Benefit Computation Sheet .
(City Council) Announcement Made by Mayor Cathy Green Regarding Recruitment of
New City Administrator (700.60)
Mayor Cathy Green announced a Community Forum on Monday, January 26, 2004 at 6:30 p.m.
in the Talbert Room, Central Library, for citizen participation in the recruitment of the next City
Administrator.
(City Council) Mayor Cathy Green Verified Agenda Item Being Returned to Agenda
(600.45)
Mayor Cathy Green asked Councilmember Houchen if she requested the agenda item
concerning Rainbow Disposal to be returned to the agenda.
Councilmember Houchen stated she did request the item be placed back on the agenda for
discussion and a possible vote by Council.
Presentation made by Mayor Cathy Green to Pat Stier and members of the Fourth of July Parade
Committee, a check for $50,000.00 from nuVisions Financial Federal Credit Union representatives:
Justin Weiler, Marketing and Business Development Officer, and Kerry Lewis, Vice President Chief
Planning and Development Officer. The check is to sponsor the Huntington Beach Fourth of July
Centennial Celebration. The Fourth of July Parade Committee announced that nuVisions Financial
Federal Credit Union was named as the official credit union for the 2004 Centennial Fourth of July
Parade. (160.40)
(6) January 20, 2004 - Council/Agency Minutes - Page 6
Presentation made by Mayor Cathy Green and Don MacAllister, Board Member of the
Huntington Beach Surfing Walk of Fame, of several Huntington Beach Surfing Walk of Fame
books to the city libraries, Sister Cities and Mayor Green. Mr. MacAllister described the bookon
surfing and announced the Surfing Walk of Fame's annual event on July 29, 2004. (160.40)
Mayor's Award presented by Mayor Cathy Green who was joined by Public Works Director.Bob
Beardsley to present the Mayor's Award to Landscape Lead Worker Rick Ayres from the Public
Works Department. Mr. Beardsley described Mr. Ayres as a model employee who has provided
dedicated service to the City of Huntington Beach for the past thirty-four years and who is
instrumental in helping to keep our city beautiful. (160.40)
Public Comments
Norm Westwell, representing the Libertarian Party of Orange County, spoke in opposition to
proposed Ordinance No. 3633 as preemptive of freedom of speech and the right to public
assembly. Mr. Westwell stated his belief that if the proposed ordinance is adopted it should include
a "sunset clause" for revisiting in one year.
Teddi Alves stated her credentials as a political activist and spoke in opposition to proposed
Ordinance No. 3633. She spoke concerning issues relating to the ordinance that she believes
could prevent free speech.
Margie Bunten, representing the Fourth of July Board, spoke in favor of a proposed fireworks
display at the beach.for the City of Huntington Beach Fourth of July Parade, Centennial celebration.
Don Hyatt, representing the United Food and Commercial Workers (U.F.C.W.), spoke in opposition
to proposed Ordinance No. 3633 on behalf of the grocery strike picketers. Mr. Hyatt spoke
concerning issues relating to the ordinance that he believes may prevent free speech.
Justin Weiler spoke in favor of a proposed Fourth of July fireworks display at the beach to
commemorate the City of Huntington Beach Fourth of July Centennial.
Derek Bercher spoke in opposition to proposed Ordinance No. 3633. Mr. Bercher gave reasons
why he believes the proposed ordinance poses constitutional issues.
Ken Maylone spoke in opposition to proposed Ordinance No. 3633. He stated his belief that there
are existing laws for the same purpose. Mr. Maylone urged Council to reject the ordinance.
Charlie LaChance, representing United Food and Commercial Workers (U.F.C.W.) Local 324,
spoke in opposition to proposed Ordinance No. 3633. Mr. LaChance gave reasons why he believes
the proposed ordinance restricts freedom of speech. He urged Council not to adopt the proposed
ordinance.
Jim Adams, representing the Los Angeles/Orange County Building and Construction Trades
Council, cited paragraph (b) of proposed Ordinance No. 3633 and spoke in opposition to the
proposed ordinance stating the section is too broad.
(7) January 20, 2004 - Council/Agency Minutes - Page 7
Ron McLin, representing the Downtown Restaurant Association spoke in favor of a proposed
Fourth of July fireworks display at the beach to commemorate the City of Huntington Beach Fourth
of July Parade Centennial. Mr. McLin announced March 28, 2004 at the Hyatt Resort and Spa as
"A Taste of Huntington Beach Day."
Tom Lash spoke in opposition to proposed Ordinance No. 3633 as preemptive of freedom of
speech and the right to public assembly. Mr. Lash gave reasons why he believes the proposed
ordinance poses constitutional issues.
Gaby Harris spoke in opposition to proposed Ordinance No. 3633. She gave reasons why she
believes the proposed ordinance restricts freedom of speech. She urged Council not to adopt the
proposed ordinance.
Julie Shipley spoke in opposition to proposed Ordinance No. 3633. She spoke concerning issues
relating to the ordinance that she believes could prevent free speech.
Betsy Brown spoke in opposition to proposed Ordinance No. 3633. She stated her belief that
there are existing laws for the same purpose. Ms. Brown gave reasons why she believes the
proposed ordinance poses constitutional issues and urged Council to reject the ordinance.
Roz Freeman spoke in opposition to proposed Ordinance No. 3633. Ms. Freeman spoke regarding
issues relating to the ordinance that she believes could prevent free speech and the right to public
assembly.
Erik Faraldo,. representing Los Amigos of Orange County, stated his belief that issues, relating to
the proposed Ordinance No. 3633 could prevent free speech and that the proposed ordinance
poses constitutional issues, which could cause potential litigation against the City.
Joey Racano, representing Ocean Outfall Group, spoke against the existing AES power generating
plant and displayed dead plankton to Council. Mr. Racano urged Council to vote against proposed
Ordinance No. 3633, citing demonstrations concerning the proposed desalination plant. Mr.
Racano stated his opposition to a proposed desalination plant.
R. S. Bolinger spoke in opposition to proposed Ordinance No. 3633 as preemptive of freedom of
speech and the right to public assembly. Mr. Bollinger urged .Council to reject the proposed
ordinance.
Ethan Berry spoke in opposition.to proposed Ordinance No. 3633 relative to what he. believes.
would be detrimental to civil liberties. Mr. Berry spoke_ concerning the possibility of selective
enforcement of the ordinance.
Rachel Douglas, representing Orange County Young Democrats, spoke in opposition to proposed
Ordinance No. 3633 relative to the effect on civil liberties and the possibility of selective
enforcement of the ordinance.
Jim Moreno spoke in opposition to proposed Ordinance No. 3633. Mr. Moreno stated his belief
that the striking grocery workers have a right to picket and urged positive action to end the grocery
strike.
(8) January 20, 2004 - Council/Agency Minutes - Page 8
Bob Osterhoudt stated his credentials and spoke in opposition to proposed Ordinance No. 3633.
He stated his belief that the proposed ordinance is preemptive of freedom of speech. Mr.
Osterhoudt urged the celebration of freedom at the Fourth of July Centennial celebration of the
Fourth of July Parade in City of Huntington Beach.
Douglas C. Traub, President of Huntington Beach Conference and Visitor's Bureau, spoke in favor
of a Fourth of July fireworks display at the beach. He stated his belief that a Fourth of July beach
fireworks display would promote tourism and patriotism. Mr. Traub urged Council to approve the
agenda item concerning beach fireworks.
Mike Shrubsole spoke in opposition to proposed Ordinance No. 3633. He stated his belief that the
proposed ordinance is preemptive of the right to public assembly. Mr. Shrubsole urged Council to
oppose the proposed ordinance.
John Earl stated his opposition to proposed Ordinance No. 3633 as preemptive of freedom of
speech and the right to public assembly, stating the possibility of selective enforcement of the
ordinance.
Josh Boyle, representing O. C. Peace, spoke in opposition to proposed Ordinance No. 3633. He
stated his belief that the proposed ordinance was precipitated by the United Food and Commercial
Workers (U.F.C.W.) strike. Mr. Boyle stated his belief that the proposed ordinance poses
constitutional issues.
George Giacoppe stated his credentials and spoke in opposition to proposed Ordinance No. 3633.
Mr. Giacoppe spoke concerning his belief that issues relating to the proposed ordinance could
prevent free speech and the proposed ordinance poses constitutional issues.
Joseph Jeffrey spoke in favor of Measure E on the March 2, 2004 ballot. He announced campaign
headquarters at 16541 Gothard Street, #101, Huntington Beach, Phone: 225-3864 and the website
at www.hbfairdistricts.com. Mr. Jeffrey invited Councilmembers to a kickoff event on
January 23, 2004 at 11:00 a.m.
Gerald Caterina stated reasons why he believes the City is not enforcing the infill ordinance. He
recommended a solution of shortening a deck to protect the privacy of a bedroom in his home. Mr.
Caterina announced a lawsuit has been filed. Mr. Caterina informed Council of his telephone
number.
Mayor Cathy Green requested that Mr. Caterina fill out a blue contact card for City Attorney Jennifer.
McGrath.
Marinka Horach spoke in opposition to Measure E - Districting Measure on the March 2, 2004
Special Municipal Election ballot. She spoke concerning the issues relating to the Districting
Charter Amendment Measure stating she believes Measure E would be detrimental to the City
of Huntington Beach due to reasons of dividing the City into five districts and reduction of
representation.
(9) January 20, 2004 - Council/Agency Minutes - Page 9
Tim Geddes stated his opposition to Measure E - Districting Charter Amendment Measure on
the March 2, 2004 Special Municipal Election ballot due to his belief that it would cause a
reduction of representation. Mr. Geddes spoke in opposition to proposed Ordinance No. 3633,
stating his belief that there are existing laws for the same purpose. Mr. Geddes spoke in favor
of a Fourth of July fireworks display at the beach:
Don McGee spoke in opposition to proposed Ordinance No. 3633 stating his belief that the
proposed ordinance poses constitutional issues. Mr. McGee informed Council that he believes
there is insufficient directional signage on Beach Boulevard/Highway 39.
Jim Erwin stated his opposition to proposed Ordinance No. 3633 as preemptive of freedom of
speech and the right to public assembly. Mr. Erwin spoke concerning the possibility of selective
enforcement and potential litigation against the City with the passage of proposed
Ordinance No. 3633.
(City Council) Approved Request to Bring Forward Agenda Item Regarding Ordinance
No. 3633 Amending the Huntington Beach Municipal Code Chapter 9.20 Relating to
Prohibited Public Conduct Regarding Prohibited Equipment — Guidelines For Length and
Size of Poles and Lumber For Signs Such as Demonstration or Picket Signs (640.10)
Councilmember Boardman requested that the agenda item concerning adoption of Ordinance
No. 3633 be brought forward as the first agenda item to be considered at the meeting.
A motion.was made by Boardman, second Cook to move forward for consideration the agenda item.
concerning proposed Ordinance No. 3633 Amending the Huntington Beach Municipal Code
Chapter 9.20 Relating to Prohibited Public Conduct Regarding Prohibited Equipment — Guidelines
For Length and Size of Poles and Lumber For Signs Such as Demonstration or Picket Signs.
"An Ordinance of the City of Huntington Beach Amending Chapter 9.20 of the Huntington Beach
Municipal Code Relating to Prohibited Public Conduct." (Approved for Introduction on
January 12, 2004.)
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Approved Request to Bring Forward Agenda Item Submitted By
Councilmember Pam Houchen Regarding the Fourth of July (4th of July) Board to
Relocate the Fireworks Display to the Beach for Centennial Year 2004 Only And Return to
Council With a Financial Plan to Cover Costs of the Event (960.30)
Councilmember Houchen requested her agenda item concerning the Fourth of July Board
relocating the fireworks display to the beach for centennial year 2004 only and returning to
Council with a financial plan to cover costs of the event be brought forward as the second
agenda item to be considered at the meeting.
(10) January 20, 2004 - Council/Agency Minutes - Page 10
A motion was made by Houchen, second Cook to move forward for consideration, following the
agenda item concerning proposed Ordinance No. 3633, the agenda item regarding the Fourth of
July (4`h of July) Board to Relocate the Fireworks Display to the Beach for Centennial Year 2004
Only And Return to Council With a Financial Plan to Cover Costs of the Event (960.30)
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
(City Council) Continued to a Date Uncertain (To Clarify Parades and Revisit Code
Sections) Ordinance No. 3633 Amending the Huntington Beach Municipal Code Chapter
9.20 Relating to Prohibited Public Conduct Regarding Prohibited Equipment — Guidelines
For Length and Size of Poles and Lumber For Signs Such as Demonstration or Picket
Signs (640.10)
The City Council considered a communication submitted by the Police Chief informing Council
that the City of Huntington Beach Municipal Code currently has no ordinance regulating
demonstrations. There are no guidelines regarding the length or size of poles and lumber used
during these events. The materials used for banners or inflatable devices are not regulated.
Often, these items are used in a manner that creates public safety issues.
There have been increases in public demonstrations and protests due to the recent war activity
and local union issues With the grocery. stores. Occasionally these public assemblies become
unlawful and police action is needed to protect the community interest.
The City Council considered proposed Ordinance No. 3633 — "An Ordinance of the City of
Huntington Beach Amending Chapter 9.20 of the Huntington Beach Municipal Code Relating to
Prohibited Public Conduct." (Approved for Introduction on January 12, 2004.)
Considerable discussion was held among Council concerning proposed Ordinance No. 3633.
City Attorney Jennifer McGrath responded to inquiries by Council and staff.
Police Chief Kenneth Small presented an oral report and responded to inquiries by Council and
staff.
A motion was made by Sullivan, second Coerper to continue Ordinance No. 3633 to a -date
uncertain in order to clarify parades and revisit code sections.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Houchen
NOES: Hardy, Boardman, Cook
ABSENT: None
(11) January 20, 2004 - Council/Agency Minutes - Page 11
(City Council) Directed the Fourth of July (41h of July) Board to Proceed with Plans for a
Fireworks Display. at Either the Huntington Beach High School or Huntington Beach
Sports Complex (960.30) .
The City Council considered a communication from Councilmember Pam Houchen transmitting the
following Statement of Issue: This year is the 1001h anniversary of our city's longest held
community tradition, the Huntington Beach 41h of July Celebration. For the past three years, the 4th
of July Executive Board has requested that the City Council grant approval to hold the evening
fireworks at the beach. This year, once again, the Board has recommended that the fireworks be
held of the beach in 2004 to commemorate the centennial. The Board is asking that this be a one-
time relocation, for one year only.
Cancellation of the 2003 4th of July (Fourth of July) Fireworks show brought an outpouring of
unfavorable comments from the community as well as from annual visitors who flocked to
Huntington Beach on the 4th of July. In addition there was a proliferation of illegal fireworks
confiscated this past year. The Centennial celebration calls for events that stand out as unique to
the 100th celebration. The Parade Board is working to add special crowd pleasers to the overall
program. A beach fireworks show will insure the display and program to be the second largest on
the west coast and worthy of a 100-year celebration.
The community. has changed considerably since the 1970's, when fireworks were last held on the
beach. and the holiday has been problem free for years. I am bringing this as an "H" item for the
Council's consideration because if we were to hold the fireworks on the beach, the Board would
need to work with public safety and sponsors on the planning of the event. The Board believes that
adequate sponsorship can be in place to cover the additional costs of the fireworks show and the
additional public safety required.
Councilmember Houchen reported. She stated reasons why she believes a fireworks display
should be returned to the beach for the Fourth of July celebration.
Considerable discussion was held between Council and staff concerning a Fourth of July fireworks
display at the beach.
Police Chief Kenneth Small responded to Council inquiry relative to fireworks on the beach versus
the Huntington Beach Sports Complex concerning staffing and cost issues.
Community Services Department Facilities Development and Concessions Manager David
Dominguez reported concerning spectators and parking capacities.
Fire Chief Duane Olson reported regarding safety issues.
(12) January 20, 2004 - Council/Agency Minutes - Page 12
(City Council) Motion Failed to Relocate Fireworks Display to the Beach for Centennial Year
Only and Motion Failed to Return to the Council with a Financial Plan to Cover Costs for the
Event - Motion Approved to Direct the Fourth of July Board to Proceed with Plans for a
Fireworks Program Either at the Huntington Beach High School or the Huntington Beach
,Sports Complex (960.30)
A motion was made by Houchen, second Hardy to:
1. Give the 4th of July Board approval to plan to relocate the fireworks display to the beach for the
centennial year only;
and
2. Return to the Council with a financial plan to cover costs for the event.
The motion failed by the following roll call vote:
AYES: Hardy, Cook, Houchen
NOES: Sullivan, Coerper, Green, Boardman
ABSENT: None
A motion was made by Sullivan, second Green to:
Direct the Fourth of July Board.to proceed with plans for a fireworks program either at the
Huntington Beach High School or the Huntington Beach Sports Complex.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Houchen
NOES: Cook
ABSENT: None
(City Council) Mayor Pro Tern Hardy Thanked the Community Services Commission on
Behalf of the Huntington Beach High School Football Team (120.85)
Mayor Pro Tern Jill Hardy reported that the Huntington Beach High School football team gave
the Community Services Commission a signed team photograph to thank the Commission for a
grant to improve the football locker room.
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's
November 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 November 2003.
City Treasurer Shari Freidenrich gave a PowerPoint presentation titled November Treasurers
Report Shari L. Freidenrich, CPA, CCMT, CFMA January 20, 2004, which was included in the
agenda packet.
(13) January 20, 2004 - Council/Agency Minutes - Page 13
A motion was made by Boardman, second Cook to review and accept the monthly report.
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
November 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, Hardy, Green, Boardman, Cook
NOES: Cook
ABSENT: None (Coerper, Houchen out of room)
(City Council) Public Hearing Held for the Annual Review of the Holly-Seacliff
Development Agreement No. 90-1 (Located between Ellis Avenue on the North,
Huntington Street on the East, Edwards Street on the West, and the Seacliff Golf Course
on the South) — Accepted the 2003 Annual Compliance Report (600.10)
The City Council considered a communication from Planning Director Howard Zelefsky.
Mayor Green announce that this was the time noticed for a public hearing to consider the following:
Applicant: City of Huntington Beach
Request: Annual review of the Holly-Seacliff Development Agreement Compliance Report.
Location: Approximately 490 acres located between Ellis Avenue on the, north, Huntington Street
on the east, Edwards Street on the west, and the Seacliff Golf Course on the South.
Environmental Status: This agenda item is categorically exempt from the provisions of the
California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had be mailed, published and posted.
A PowerPoint presentation titled Annual Holly Seacliff Development Agreement Compliance
Report which was included in the agenda packet.
Planning Director Howard Zelefsky did not present the PowerPoint report due to time
constraints.
Mayor Green.declared the public hearing open:
Bill Holman, representing developer PLC Land Company, stated he was available to answer
questions concerning the Holly-Seacliff Development Annual Compliance Report. Mr. Holman
urged Council to approve the report.
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
Mayor Pro Tern Hardy announced she would abstain from voting due to a possible conflict of
interest because she resides near the Holly Seacliff property.
(14) January 20, 2004 - Council/Agency Minutes - Page 14
Councilmember Cook announced she would abstain from voting due to a possible conflict of
interest because she resides near the Holly Seacliff property.
Director of Library Services Ron Hayden responded to for Councilmember Sullivan's inquires
regarding Library Development Fees and Community Enrichment Fees.
A motion was made by Sullivan, second Boardman to: Determine that the Developer is in
compliance with the Holly Seacliff Development Agreement No. 90-1 by accepting The 2003
Annual Holly-Seacliff Development Agreement Compliance Report and authorize the Mayor and
City Clerk to sign and execute the Certificate of Development Agreement Compliance
(Attachment No. 2) and direct the City Clerk to record said Certificate with the Orange County
Recorder.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman
NOES: None
ABSENT: (Houchen out of room)
ABSTAIN: Hardy, Cook
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Automatic Aid Mutual Response Agreement for the Exchange of Fire, Rescue,
and Emergency Medical Services between the City of Huntington Beach and the City of
Newport Beach- Fire Chief or His Designee to Execute Future Agreements
(City Council) Resolution No. 2004-2 Amending the City Council Manual by Revising the City's
Code of Ethics — Annual Review
Consent Calendar — Items Approved
On motion by Boardman, second Cook 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
NOES:, None
ABSENT: None (Houchen out of room)
(City Council) Accepted Rainbow Disposal's Donation for One Additional Trash
Collection on Friday and Saturday in January and February 2004 and Friday, Saturday
and Sunday for March, April, May and June 2004 — Downtown Trash Can Service
Schedule (600.45) —1. Accepted Rainbow Disposal's offer to donate the cost for one
additional trash collection on Friday and Saturday in January and February, and on Friday,
Saturday and Sunday in March, April, May and June of 2004; and 2. Reverted to the pre-
existing schedule after the six-month increased weekend collection donated by Rainbow
Disposal. Submitted by the Public Works Director. Funding Source: Funding of $57,025.00 for
downtown trash collection is currently budgeted in the General Fund Refuse Account.
(15) January 20, 2004 - Council/Agency Minutes - Page 15
Councilmember Houchen reversed the earlier announcement made to remove the above
agenda item from the agenda for separate consideration.
(City Council) Approved Sole Source Procurement from Stewart & Stevenson Power, Inc.,
of Corona, California.for the Purchase of Waukesha Natural Gas _Engines (By Request of
the Public Works Utilities Division) (600.10) — Approved Sole Source Procurement from.
Stewart & Stevenson Power, Inc., of Corona, California, for the purchase of Waukesha natural
gas engines. Submitted by the Public Works Director. Funding Source: Funds are budgeted in
Water Fund Account ($350,000.00) and in the General Fund Account ($135,000.00) for
replacement of natural gas engines.
(City Council) Approved Dissolution of the Legal Affairs Committee Due to Hiring of In -
House Trial Attorney (100.10) — Dissolved the Legal Affairs Committee. Submitted by the City
Attorney. Funding Source: Not applicable.
(City Council) Approved Professional Services Budgeted Expenditure for Monitoring of
Landfill Gas System at Huntington Beach Central Park Sports Complex- (Authorized in
Contract with Bryan A. Stirrat & Associates) (600.10) — Authorized expenditure not to
exceed $150,000.00 from Adult Sports business unit for professional service contract for
monitoring of landfill gas system at the Huntington Beach Sports Complex. Submitted by the
Community Services Director. Funding Source: The action requested does not require a new
appropriation. Funds were previously included in the general Fund, Adult Sports, Repairs and
Maintenance Account for fiscal year 2003-2004.
(City Council) Approved the Agreement between the City and County of Orange to
Transfer Funds to the City for Fiscal Year 2002 State Domestic Preparedness Grant for
the Purchase of WMD (Weapons of Mass Destruction) Equipment (600.25) — Approved the
attached Agreement to Transfer Funds for Fiscal Year 2002 State Domestic Preparedness
Grant Purposes authorizing the County of Orange to release State Office of Domestic
Preparedness funds to the City of Huntington Beach for the purchase of (WMD) Weapons of
Mass Destruction equipment and authorized the Mayor and City Clerk to execute same.
Submitted by the Fire Chief. Funding Source: The State Office of Domestic Preparedness
through the County of Orange as the Orange County Operational Area lead agency.
(City Council) Approved Amendment No. 2 of Professional Services Contract between
the City and Walden & Associates for Engineering Services for CC-1095, CC-1142, CC-
1.162 and CC-1166 (600.10)— 1. Authorized an exemption to Section 3.03.120 of the
Huntington Beach Municipal Code to allow extension of a professional. services contract beyond'
the term of three years; and 2. Approved and authorized the Mayor and City Clerk to execute
Amendment No. 2 to Agreement Between the City of Huntington Beach and Orange County
Iden, Inc., c �-)a b 'den & Associates for Engineering Services. Submitted by the Public
..:_:<s Director. Funding Source: Funds are budgeted in the Brookhurst/Adams Intersection
OCTA grant; CDBG Storm Drain Improvements and Newland Street Widening, Traffic Impact
Fund. Additional work will not exceed $75,000.00.
(16) January 20, 2004 - Council/Agency Minutes - Page 16
(City Council) Accepted Bid and Awarded Contract to Palp Inc., dba Excel Paving
Company for Pavement Rehabilitation at Traffic Signal Loops at Approximately 45
Locations; MSC418 (600.55) —1. Accepted the lowest responsive and responsible bid
submitted by Palp Inc., in the amount of $187,600.00 for Pavement Rehabilitation at Traffic
Signal Loops at Various Locations; MSC 418; and 2. Approved and authorized the Mayor and
City Clerk to execute the Agreement between the City.of Huntington Beach and Palp, Inc, DBA
Excel Paving Company for Pavement Rehabilitation at Traffic Signal Loops in Various Locations
in the City (MSC 418). Submitted by the Public Works Director. Funding Source: Measure M
funds in the amount of $200,000.00 were budgeted in Gas Tax Fund, Intersection Pavement
Replacement in Fiscal Year 2002-2003.
(City Council) Adopted Resolution No. 2004-3 Amending Resolution No. 2003-64
Modifying Water Quality Inspection Fees (340.20) — Adopted Resolution No. 2004-3 - "A
Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2003-
64 and the Water Quality Inspection Fees Levied by the Public Works Department Pursuant to
the City's Comprehensive Fee Schedule (Supplemental Fee Resolution No. 1)." Submitted by
the Public Works Director. Funding Source: Annual General Fund revenues of approximately
$63,5000.00 have been included in the budget projections.
(City Council) Adopted Resolution No. 2004-4 Approved the Application for Grant Funds
for the Murray -Hayden Program Under the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002 (340.80) — Adopted Resolution
No. 2004-4 - "A Resolution of the City of Huntington Beach, Approving the Application for Grant
Funds for the Murray -Hayden Program Under the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002." Submitted by the Community
Services Director. Funding Source: State of California, Murray -Hayden Program.
(City Council) Approved the Automatic Aid Mutual Response Agreement for the
Exchange of Fire, Rescue, and Emergency Medical Services between the City of
Huntington Beach and the City of Newport Beach- Authorized as Amended the Fire Chief
or His Designee to Execute Future Agreements - Amended To Add: Subject to City
Council Approval (600.10)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar to discuss his belief that Automatic Aid Mutual Response Agreements should be
approved by Council.
Fire Chief Duane Olson responded to Councilmember Sullivan's concerns.
A motion was made by Sullivan, second Coerper to: 1. Approve and authorize the Mayor and
City Clerk to execute the Automatic Aid Agreement for the Exchange of Fire, Rescue, and
Emergency Medical Services between the City of Huntington Beach and the City of Newport
Beach; and 2. Authorize as amended the Fire Chief or his designee to execute future
agreements, subject to City Council approval, with the City of Newport Beach for the
exchange of fire, rescue, and emergency medical services. The motion carried by the following
roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None (Houchen out of room)
(17) January 20, 2004 - Council/Agency Minutes - Page 17
(City Council) Adopted Resolution No. 2004-2 Amending the City Council Manual by
Revising the City's Code of Ethics — Conducted the Annual Review (110.40)
Mayor Pro Tern Hardy requested that this agenda item be removed from the Consent Calendar
to receive clarification concerning gift limits.
City Attorney Jennifer McGrath reported at the request of Mayor Pro Tern Hardy.
A motion was made by Hardy, second Cook to: 1. Adopt Resolution No. 2004-2 - "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" incorporating the changes made at the January 5, 2004
City Council Meeting; and 2. Direct the City Clerk to record in the official minutes that the Code
of Ethics was presented to the City Council, the City Administrator, Chairpersons, and City
Department Directors for their review and distribution as required. 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 City Council Position on Legislation Pending Before the
Federal, State, or Regional Governments as Recommended by the City Council
Intergovernmental Relations Committee (IRC) (640.90)
The City Council considered a communication from Mayor Pro Tem Jill Hardy, Chair, .
Intergovernmental Relations Committee, on behalf of members, Councilmember 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 State Legislature, a
regional body or to be put on a ballot for approval by the voters? 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 Pro Tern Hardy reported on the Internet Tax Freedom Act of 1998 in response to inquiries by
Councilmember Sullivan and Councilmember Coerper.
A motion was made by Hardy, second Boardman to:
Approve the City Funding Priorities List for the coming Legislative year as attached; and
Oppose permanently extending the Internet Tax Freedom Act of 1998 as proposed in Federal bills
S 150 (Alllen) and HR 49 (Cox).
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Boardman, Cook
NOES: Green
ABSENT: (Houchen out of room)
(18) January 20, 2004 - Council/Agency Minutes - Page 18
(City Council) Continued from January 5, 2004 Meeting - Approved Locals Night
Downtown Free Parking Trial Promotion for Tuesday Nights in February or March in the
Main Promenade Parking Structure —(includes Possible Fiscal Impacts of Promotion)
(3140.10)
The City Council considered a communication from Economic Development Director David Biggs
transmitting the following Statement of Issue: Downtown retailers and restaurants are working to
encourage more locals to shop and dine in Downtown Huntington Beach, especially in the off-
season. It is proposed that the City provide local residents with a coupon to be mailed with water
bills to offer up to three hours of free parking in the Main Promenade Parking Structure on Tuesday
nights in February or March. Funding Source: The cost to produce the coupon for mailing in water
bills is being funded through the Economic Development Department budget. The usage of the
coupon will be tracked during the trial period and the increase or decrease in parking revenues will
be determined following the trial promotion and compared to the same period in prior years.
Communication from Economic Development Director dated January 6, 2004 titled Possible
Fiscal Impacts of Trial Free Parking Promotion was included in the agenda packet.
Economic Development Director David Biggs provided information to Council. He stated his
support for the proposed program which he believes will interest local residents.
Discussion was held between Council and staff concerning the potential.for loss in sales tax.and -
revenue due to the proposed trial free parking promotion.
A motion was made by Sullivan, second Coerper to: Approve Locals Night Downtown Free
Parking Trial Promotion for Tuesday nights in February or March in the Main Promenade
Parking Structure.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green
NOES: Boardman, Cook
ABSENT: (Houchen out of room)
(City Council) Adopted Ordinance No. 3631 Levying Special Taxes Within the City of
Huntington Beach Community Facilities District (CFD) No. 2003-1 (Huntington Center
Bella Terra) (350.30)/(640.10)
The City Council considered a communication submitted by Economic Development Director
David Biggs and Administrative Services Director Clay Martin informing Council that 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. 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.
(19) January 20, 2004 - Council/Agency Minutes - Page 19
After Assistant City Clerk Liz Ehring read by title, a motion was made by Sullivan, second Hardy
to adopt 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 District
No. 2003-1 (Huntington Center)." (Approved for Introduction at CFD Public Hearing January 5,
2004) The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: (Houchen out of room)
(City Council) Mayor Cathy Green Re -Announced Public Forum Re: Recruitment of City
Administrator (700.60)
Mayor Cathy Green announced a Public Forum regarding recruitment of the next City Administrator,
scheduled to be held on Monday, January 26, 2004 at 6:30 p.m. in the Talbert Room at Central
Library.
Councilmember Boardman clarified the Public Forum is for the City Council to receive input from
the public as to attributes desired and not for the actual selection of the next City Administrator.
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, February 2, 2004, at 5:00 p.m., in Room 6-8 Civic Center, 2000
Main Street Huntington Beach, California.
4+00� oate�ait
City Clerk and ex-officio Clerk f the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
ity Clerk -Clerk ay irman