HomeMy WebLinkAbout2004-02-02Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, February 2, 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, Boardman, Cook
(Councilmember Houchen had requested permission to be absent from the meeting
- pursuant to Resolution No. 2001-54.)
Absent: Houchen
Public Comments
John Von Holle, representing Huntington Beach Municipal Employees Association (MEA),
informed Council costs are stand-alone for proposed recommended health plan.
Chuck Scheid spoke regarding the Consent Calendar agenda item concerning proposed health
plan benefits for the Municipal Employees' Association (MEA), and other related items. He
stated major employee benefits are being agendized as routine Consent Calendar items and not
Administrative items. Mr. Scheid stated he wished to see cost comparisons and that the
proposed agenda items be rescheduled.
(City Council) Study Session Held - Presentation Made by the Police Department
Regarding History of the Need for a Firearms Facility, and Land, Cost and Design
Considerations of the Proposed Huntington Beach Police Department Gun Range
(220,20)
The City Council considered a communication submitted by Police Chief Kenneth Small
transmitting the following Statement of Issue: The Huntington Beach City Council has
established a committee to explore alternative sites for development of a Police Department
firearms training facility. The essential elements involved are land and funding, complemented
by an appropriately designed facility. This report will first briefly recount the history behind the
need for the firearms facility. It will then consider the land, cost and design aspects. Use of
land adjacent to the current helicopter facility has been proposed as a possible location. Other
locations, however, should not be ruled out.
(2) February 2, 2004 - Council/Agency Minutes - Page 2
Communication submitted by the Chief of Police dated January 7, 2004 and titled Huntington
Beach Police Department Gun Range was included in the agenda packet.
Police Captain Chuck Thomas presented a PowerPoint report titled Huntington Beach Law
Enforcement Training Facility Feasibility Study, which was included in the agenda packet. He
spoke regarding the Joint Task Force-6 (JTF-6) Alliance grant, stating that this item would
receive low priority relative to labor-intensive and cost issues.
Discussion was held among Police Chief Small, Police Captain Thomas, and Council regarding
potential gun range locations, SWAT (Special Weapons And Tactics) Team training, and the
DEA (Drug Enforcement Agency) sponsorship.
Police Chief Kenneth Small presented an oral report. He assured Council that the Police
Officers are being trained properly. Police Chief Small recommended that the project be placed
on hold for the time being and continue looking for a location in the future.
Motion to Recess to Closed Session — Approved
A motion was made by Sullivan, second Hardy 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
NOES: None
ABSENT: Houchen
(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(a) to confer
with its attorney regarding pending litigation, which has been initiated formally and to which the
city is a parry. The title of the litigation is Mills Land & Water Company v. City of Huntington
Beach, et al., Court of Appeal Case No. G020490, Orange County Superior -Court Case No.
739412 ("Mills I"). Mills Land & Water Company v. City of Huntington Beach, et al.; Orange
County Superior Court Case No. 763624 (-Mills II"). (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council Chambers.
City Council- Redevelopment Agency Roll Call
Ip
Present: Sullivan, Coerper, Hardy, Green, Boardman, Cook
(Councilmember Houchen had requested permission to be absent from the meeting
pursuant to Resolution No. 2001-54.)
Absent: Houchen
(3) February 2, 2004 - Council/Agency Minutes - Page 3
(City Council) City Attorney Continued To a Date Uncertain Closed Session Agenda Item
on Monday, February 2, 2004 Re: Mills Land & Water Company v. City of Huntington
Beach, et al., Court of Appeal Case No. G020490, Orange County Superior Court Case No.
739412.("Mills I"). Mills Land & Water Company v. City of Huntington Beach, et al.;
Orange County Superior Court Case No. 763624 ("Mills Il"). (120.80)
At the regularly scheduled time for the City Attorney's Report of Action for Closed Session, City
Attorney Jennifer McGrath announced that discussion or action concerning litigation on Mills
Land & Water had been continued to a date uncertain.
(Subsequent to the City Council meeting City Attorney Jennifer McGrath clarified that on
Tuesday, February 2, 2004, she removed the Closed Session item concerning Mills Land &
Water Company v. City of Huntington Beach, et al. from the Closed Session agenda. City
Attorney McGrath stated Council did not discuss Mills Land & Water and there was no action
taken.)
Pledge of Allegiance -- Led by Mayor Cathy Green
Invocation — Led by Dr. Bruce Miller
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 submitted by the City Clerk's Office dated February 2, 2004 (untitled) correcting a
typographical error regarding the Council meeting date on the staff report, Request for Council
Action for the City Treasurer's December 2003 Investment Summary Report.
Communication from the Economic Development Director dated February 2, 2004 titled Late
Communication — Item D-1 correcting the Request for Council Action attachment for the staff report.
The Following Additional Late Communications Were Submitted During the Meeting:
Communication from Dr. John Magrann (undated) titled Health & Retirement Solutions including
a packet of brochures and information regarding a health plan.
Communication from. Leonard Crane (undated) titled Live Scan (Fingerprint. Clearance) in support of .
investigation and conducting background checks on prospective employees working with children.
Presentation made by Mayor Cathy Green who presented a commendation to the Huntington
Beach Junior Midget football team for their outstanding performance in winning the regional
championship and winning Fourth Place in the Pop Warner Super Bowl National Championship
held in Orlando, Florida. Coach Rhett Heckel accepted the award on behalf of the,team. (160.40)
Presentation made by Mayor Cathy Green who presented a commendation to Circle View School
in the Ocean View School District, for being named a Blue Ribbon School. Dr. Pauline Tressler,
Principal of the school, accepted the award. Councilmember Dave Sullivan and Councilmember Gil
Coerper co -presented to the entire Board of Trustees, including President Barbara Boskovich and
Superintendent of Schools, Dr. James Tarwater. (160.40)
(4) February 2, 2004 - Council/Agency Minutes - Page 4
Presentation made by Mayor Cathy Green who received a check from the Huntington Beach
Police Officers' Association and Huntington Beach Firefighters` Association for $50,000. The
money was raised through the Guns and Hoses Golf.Tournament and the money will be
donated to the Huntington Beach. Search and Rescue. Police Officer Corwin Bales presented
the check. Councilmember Gil Coerper, Police Chief Kenneth Small and Fire Chief Duane
Olson also presented. (160.40)
(City Council) Mayor Cathy Green Announced A Need For Poll Workers for the Special
Municipal Election on March 2, 2004 (120.85)
Mayor Cathy Green announced the Registrar of Voters is seeking clerks and pollsters to work on
Election Day, Tuesday, March 2, 2004 and listed the requirements: A clerk or pollster must be a
U.S. citizen and over age 18, and must be able to read and speak English. A clerk or pollster will
receive a stipend of $50 per day and $20 for mandatory training. Telephone number 714-567-7580
or the Registrar of Voters' website www.ocvote.org were given for contact information.
Public Comments
George Demos, representing Free Market Health Care, informed Council of a Medical Savings
Account program he believes will help the City financially, relative to a health finance bill recently
passed by Congress.
Dr. John Magrann, representing Free Market Health Care, continued to inform. Council of a
Medical Savings Account program he believes will help the City financially, relative to a health
finance bill recently passed by Congress. Dr. Magrann distributed Health & Retirement Solutions
brochures to Council and the City Clerk.
Firecracker Westwell, representing the Libertarian Party, delivered a PowerPoint presentation in
opposition to Districting — Measure E for reasons of reduced representation. Mr. Westwell informed
Council that the Libertarian Party passed a resolution opposing Measure E.
(A copy of Mr. Westwell's PowerPoint presentation titled Warming Measure E The No -Fair
Districting Initiative is Bad for Residents is on file with the Office of the City Clerk.)
Leonard Crane stated the belief that there should not be a charge to investigate and conduct
background checks on prospective employees working with children. Mr. Crane distributed a Late
Communication titled Live Scan. (Fingerprint. Clearance) -
Clem Dominguez spoke regarding the Consent Calendar agenda item concerning a consultant's
assistance in processing property tax claims. Mr. Dominguez inquired as to what the consultant is
being paid to do relative to the Howard Jarvis Property tax refund claims process.
Elmer Smith stated his opposition to Districting Measure E on the March 2, 2004 Special Municipal
Election ballot for reasons of reduced representation.
Peter Albini voiced his approval of the Council reconsideration of Fourth of July fireworks at the
beach and stated reasons he believes fireworks at the beach would benefit the City of Huntington
Beach.
(5) February 2, 2004 - Council/Agency Minutes - Page 5
Mary Jo Baretich, a resident of Cabrillo Mobile Home Park, spoke of efforts being made to clean
up the Wetlands in the South East neighborhood and their hopes of keeping the area free from
contamination. Ms. Baretich also requested. Council to prevent coastline. build. out by developers
and big businesses.
John McGregor, a resident of Cabrillo Mobile Home Park, spoke in opposition to beach
contamination and the existing AES power plant. Mr. McGregor also spoke in opposition to
Districting Measure E on the March 2, 2004 Special Municipal Election ballot, stating his belief that
districting would be harmful to the City of Huntington Beach.
Herb Duysings spoke in opposition to paying for the proposed refunds being made for the property
tax claims and lawsuits paid for by the City.
Dave Guido spoke in opposition to the Huntington Beach Police Officers' Association's (HBPOA)
support of Districting Measure E on the March 2, 2004 Special Municipal Election ballot. Mr. Guido
gave the website www.nodistricts.org for contact information.
Chuck Scheid spoke concerning proposed costs of processing property tax refunds. Mr. Scheid
spoke in opposition to the Huntington Beach Police Officers' Association's (HBPOA) support of
Districting Measure E on the March 2, 2004 Special Municipal Election ballot.
Joey Racano, representing W.E.V.O.T.E., spoke regarding protecting the Wetlands Coast Land
area and its wildlife. He urged Council to support the Coastal Act. Mr. Racano stated opposition to
Districting Measure E on the March 2, 2004 Special Municipal Election ballot.
Ralph Bauer stated opposition to Districting Measure E on the March 2, 2004 Special Municipal
Election ballot. Dr. Bauer named supporters of "No on E" including several former Mayors and
Councilmembers such as Grace Wineheli, Norma Brandei Gibbs, Shirley Dettloff, Linda Moulton
Patterson, and Harriett Weider.
John Ely thanked Council for voting against the Poseidon Environmental Impact Report (EIR).
Mr. Ely stated opposition to Districting Measure E on the March 2, 2004 Special Municipal Election
ballot.
Rich Kolander spoke in favor of Districting Measure E stating that one representative is sufficient,
as it is with House of Representatives State Assembly and at the County level.
(City Council) Announcement Made by Mayor Cathy Green of the City Administrator's
Request for Removal of Six Consent Calendar Items Re: Proposed Employee Health Plan
Benefits from Agenda for Further Discussion (120.10)
Mayor Cathy Green announced that City Administrator Ray Silver requested removal of several
Consent Calendar items from the agenda for further discussion. The six agenda items pertained to
proposed health plan benefits for employees and elected positions of City Clerk, City Attorney and
City Treasurer.
(6) February 2, 2004 - Council/Agency Minutes - Page 6
(City Council) Reviewed and Accepted as Amended Shari Freidenrich, City Treasurer's
December 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 December 2003.
City Treasurer Shari Freidenrich gave a PowerPoint presentation titled Treasurer's Report Shari
L. Freidenrich, CPA, CCMT, CMFA February 2, 2004 which was included in the agenda packet
and amended by a Late Communication which was previously announced by Assistant City
Clerk Liz Ehring.
City Treasurer Freidenrich requested approval as amended by the Late Communication
pertaining to a typographical date error on the Request for Council Action which had been
previously announced by Assistant City Clerk Liz Ehring.
A motion was made by Hardy, second Boardman to review and accept the monthly report as
amended to correct a typographical date error on the Request for Council Action. 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 December 2003,
pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion
carried by the. following roll cal vote:
AYES: Sullivan, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen (Coerper out of room)
(City Council) Public Hearing Held — Approved as Amended the Citizens Participation
Advisory Board (CPAB) Recommendations of the City's 2003/04 Consolidated Plan
Amendment to Appropriate $250,000 of CDBG (Community Development Block Grant)
Unprogrammed Funds for ADA (Americans with Disabilities Act) Improvements to the
Civic Center (340.70)
The City Council considered a communication from the Economic Development Director and the
Public Works Director.
Mayor Cathy Green announced that this was the time noticed for a public hearing to consider a
proposed amendment to the City's 2003/2004 Consolidated Plan, as required by the U.S:
Department of Housing and Urban Development (HUD) for use of $250,000 in Community
Development Block Grant (CDBG) Unprogrammed funds.
The City followed its Citizen Participation Plan. The Citizen Participation Advisory Board (CPAB)
holds public hearings on community needs and monthly public meetings. Citizens may review and
comment on the draft 2003/2004 Consolidated Plan Amendment at the City of Huntington Beach,
Department of Economic Development or at the Central Library. The public comment period will
begin December 23, 2003 and end January 21, 2004. Public comments received during this time
will be attached to the Consolidated Plan Amendment and sent to HUD.
(7) February 2, 2004 - Council/Agency Minutes - Page 7
The following activities are proposed for the 200312004 CDBG Consolidated Plan Amendment:
Civic Center ADA Improvements $250,000 . .
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
Economic Development Director David Biggs presented a PowerPoint presentation titled Public
Hearing to Amend Consolidated Plan; Request for Funds for Civic Center ADA Improvements
which was included in the agenda packet. Director Biggs reiterated the Late Communication
which had been announced by Assistant City Clerk Ehring which corrects Attachment 1 titled
Project 1— Civic CenterADA Improvements — Priority Description (substituting the original
Attachment 1 titled Public Works — Unprogrammed Funding Request, which was included in the
agenda packet.)
Mayor Cathy Green declared the public hearing open.
Assistant City Clerk Liz Ehring restated for the record the following Late Communication which
pertain to this public hearing:
Communication from the Economic Development. Director dated February 2, 2004 titled Late
Communication — Item D-1 correcting the Request for Council Action Attachment 1 for the staff
report.
There being no persons present to speak on the matter and there being no protests filed, either'
written or oral, the Mayor declared the public hearing closed.
A motion was made by Boardman, second Hardy to:
Conduct Public Hearing to Amend Consolidated Plan as amended by the Late Communication
to correct Attachment 1 to the staff report (as announced earlier by the Assistant City Clerk);
and
Approve amendment as amended by the Late Communication to correct Attachment 1 with a
replacement Attachment 1 titled Project 7 — Civic Center ADA Improvements — Priority
Description to the staff. report (as announced earlier by the Assistant City Clerk) to the
Consolidated Plan by appropriating $250,000 of CDBG Unprogrammed Funds for ADA
Improvements to the Civic Center.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen
(8) February 2, 2004 - Council/Agency Minutes - Page 8
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Four On -Call Professional Services Agreements for General Civil Engineering
with (1.) AKM Consulting Engineers; (2.) Harris and Associates; (3.) Richard Brady &
Associates; and (4.) Willdan
(City Council) Appropriation of $400,000 for Maintenance and Repairs at the Emerald Cove
Senior Housing Complex
(City Council) Resolution No. 2004-5 Authorizing the Closing of the First Block of Main Street to
Vehicular Traffic for Certain Specific Events (March 27, October 31, and November 21, 2004)
(City Council) Appropriation of FireMed Funds and Approve Agreement between the City and
ESI (Employment Systems, Inc.) for Ambulance Operators/ Fire Interns
(City Council) Appropriation and Create Business Unit for the Police Department's State
Narcotics Forfeiture Account
(City Council) Appropriation of Funds to Pay Attorney's Fees in Connection with the Settlement
in Howard Jarvis Taxpayers Association„ of al., versus. City of Huntington Beach, et al. OCSC
Case No. 81870, Court of Appeal, Fourth District, Case No. G029292 (Property. Tax Refund
Claims)
(City Council) Processing of Incomplete Property Tax Refund Claims (Howard Jarvis Lawsuit)
(City Council) Professional Services Contract between the City and Moreland & Associates,
Inc. and Authorize Appropriation for Project Manager Assistance in Processing Property Tax
Refund Claims (Howard Jarvis Lawsuit)
(City Council) Mayor Green Announced The (Following Additional Consent Calendar Items
Would Be Removed From the Agenda For Separate Consideration By Request of the City
Administrator (120.10)
Mayor Cathy Green announced that she would remove the following Consent Calendar agenda
items for separate discussion on behalf of City Administrator Ray Silver.
Councilmember Sullivan stated that he would also request the following Consent Calendar
agenda items be removed for separate discussion, however, because Mayor Cathy Green
removed them on behalf of City Administrator Ray Silver, he would wait for an explanation from
Mr. Silver on the items.
(City Council) Resolution No. 2004-6 - Side Letter of Agreement Re: Proposed Health Plan
Benefits to the Memorandum of Understanding (MOU) Between the City and the Huntington Beach
Municipal Employees' Association (MEA)
(9) February 2, 2004 - Council/Agency Minutes - Page 9
(City Council) Resolution No. 2004-7 - Side Letter of Agreement Re: Proposed Health Plan
Benefits to the Memorandum of Understanding (MOU) Between the City and the Huntington
Beach Management Employees' Organization (MEO)
(City Council) Resolution No. 2004-8 Modifying Salary and Benefits Re: Proposed Health Plan
for Non -Represented (Non -Associated) Employees for Calendar Year 2004
(City Council) Resolution No. 2004-9 Modifying Salary and Benefits Re: Health Plan for
Calendar Year 2004 for the Elected City Clerk
(City Council) Resolution No. 2004-10 Modifying Salary and Benefits Re: Health Plan for
Calendar Year 2004 for the Elected City Attorney
(City Council) Resolution No. 2004-11 Modifying Salary and Benefits Re: Health Plan for
Calendar Year 2004 for the Elected City Treasurer
Consent Calendar — Items Approved
On motion by Sullivan, 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
NOES: None
ABSENT: Houchen (Cook out of room)
ABSTAIN: (Green on Three On -Call Professional Services Contracts for Independent Inspection
and Testing with (1.) P. A. and Associates; (2.) AESCO Technologies; and (3.}
Harrington Geotechnical Engineering, Inc. due to possible conflict of interest.)
(City Council/Redevelopment Agency) Minutes (120.65) - Approved and adopted the
minutes of the City Council/Redevelopment Agency Regular Meetings of November 3, 2003 as
written and on file in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Accepted Plans and Specifications and Authorized Advertisement for
Newland Avenue Water Pipelines Project; CC-1187 (600.75) — Approved the project plans
and specifications and authorized the Director of Public Works to request public bids for the
construction of the Newland Avenue Water Pipelines; CC-1187. Submitted by the Public Works
Director. Funding Source: Water Master Plan, OC-9 Water Main Account - $5.3 million dollars;
Water Fund, Water Main Replacements - $450,000; and West Orange County Water Board
Water Capital Projects - $150,000. The preliminary engineer's estimate is $5.9 million dollars..
(City Council) Adopted Sole Source Findings to Approve Professional Services Contract
between the City and Municipal Software Corporation and Authorized Expenditures for
Design and Completion of Phase 1, Plus Phases 2, 3 and 4 of the City Wide Permit
System (600.10) —1. Adopted findings for a sole source contract and approved and
authorized the Mayor and City Clerk to execute the Professional Services Contract between the
City of Huntington Beach and Municipal Software Corporation for Software Design &
Implementation Services in the amount of $120,000, for the completion of Phase 1, plus phases
2, 3, and 4 of the City Wide Permit System," and 2. Authorized the Director of Building & Safety
to expend $120,000 for Professional Services to complete Phase 1, plus Phases 2, 3, and 4 of
the City Wide Permit System. Submitted by the Building & Safety Director. Funding Source:
Existing appropriation of $120,000 in the approved Capital Project Fund budget for Professional
Services account.
(10) February 2, 2004 - Council/Agency Minutes - Page 10
(City Council) Approved Three On -Call Professional Services Contracts for Independent
Inspection and Testing with (1.) P. A. and Associates; (2.) AESCO Technologies; and (3.)
Harrington Geotechnical Engineering, Inc. (600.10) -- Approved and authorized the Mayor.
and City Clerk to execute: (1.) Professional Services Contract between the City of Huntington
Beach and P.A. & Associates, Inc. for On -Call Testing and Inspection Services not to exceed
$350,000; (2.) Professional Services Contract between the City of Huntington Beach and
AESCO Technologies for On -Call Testing and Inspection Services not to exceed $350,000; and
(3.) Professional Services Contract between the City of Huntington Beach and Harrington
Geotechnical Engineering, Inc. for On -Call Testing and Inspection Services not to exceed
$350,000. Submitted by the Public Works Director. Funding Source: Available within budgeted
capital improvement projects.
(City Council) Authorized Appropriation and Created Business Unit for the Police
Department's Property and Evidence Unit (320.10) — 1. Established a new business unit
and approved the expenditure of those funds to pay for equipment upgrades and related costs
within the Police Department; and 2. Appropriated $30,000 from the unreserved, undesignated
General Fund Balance. Submitted by the Chief of Police. Funding Source: As stated above.
The funds will be directly offset from cash and funds from auctioned property held in the
Property and Evidence Unit.
(City Council) Approved Cooperative Agreement between the City and the Orange
County Sanitation District for Preparation of Phase Il of is Fats, Oils and.Grease (FOG).
Control Study (600.25) — Authorized the Mayor and City Cleric to execute the Agreement with
the Orange County Sanitation District for preparation of Phase ll of the FOG Control Study.
Submitted by the Public Works Director. Funding Source: The City's fair share cost of $20,341
is available from the Sewer Service Fund account.
(City Council/Redevelopment Agency) Approved City and Redevelopment Agency
Financial Modifications for Fiscal Years 1991-92 to 2000-01 (Relative to Ocean View
Estates Rental Coaches and Shank House Parcels) and Adopted Agency Resolution No.
348 Remitting Transient Occupancy Tax (TOT) Revenues for the Waterfront Beach Hilton
(Robert Mayer Corporation) to the Redevelopment Agency (310.30) — City Council
Actions: 1. Approved a debt credit for the Redevelopment Agency applied against General
Fund debt for the following: $39,210 for Ocean View Estates coach rental income; $92,854 for
Ocean View Estates coach sales proceeds; and $2,886,474 for Business Development
expenses from FY 91/92 to FY 00/01; and 2. Approved a transfer from the Ocean View Estates
Fund to the Redevelopment Agency in the amount of $197,095 from coach sales proceeds; 3.
Reclassified the $4,339,304 in General Fund overhead charges to the Redevelopment Agency
for FY 89/90 and FY 90/91, together with annual accounting charges, as the overhead charges
appropriate for the period of 1982 to 2003; and 4. Authorized acceptance of the deed by the
City for Shank House parcels.
Redevelopment Agency Actions: 1. Approved the following modifications to the
Redevelopment Agency's 2003-04 Budget: Appropriated $324,057 as General Fund Overhead
Charge; Eliminated $102,830 Accounting Charge; Reduced Revenue by $705,000 for Hilton
TOT shift to General Fund; and Reduced General Fund Debt Repayment by $926,227; and 2.
Adopted Agency Resolution No. 348 — "A Resolution of the Redevelopment Agency of the City
of Huntington Beach Electing to Remit to the City of Huntington Beach Transient Occupancy
Tax Revenues for the Waterfront Beach Hilton Allocated to the Redevelopment Agency
(11) February 2, 2004 - Council/Agency Minutes - Page 11
Pursuant to Redevelopment Agency Ordinance kilos. 1 and 2, " and 3. Authorized the Agency
Chairperson and the Agency Clerk to execute the Grant Deed from the Agency to the City for
the Shank House parcels and send to the County for recordation after the City Clerk has affixed
the acceptance certificate of the City. Submitted by the Administrative Services Director and the
Economic Development Director. Funding Source: The recommended actions and policy
direction being affirmed do.not result in any expenditures. There will be a number of budget
modifications and changes in the balance sheet of the City and Redevelopment Agency as a
result of the recommended actions. These will be reflected in the FY 2003-2004 Financial
Statement once completed.
(City Council) Approved Four On -Call Professional Services Agreements for General Civil
Engineering with (1.) AKM Consulting Engineers; (2.) Harris and Associates; (3.) Richard
Brady & Associates; and (4.) Willdan (600.10)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar to receive clarification from staff concerning five year Professional Services Contracts.
Public Works Director Robert F. Beardsley reported ongoing professional business relationships
is the reason for extension to five years, versus two or three year contracts.
A motion was made by Sullivan, second Coerper to:
Approve and authorize the Mayor and City Clerk to execute.. (1.) .Professional Services
Contract between the City of Huntington Beach and AKM Consulting Engineers for As -Needed
Engineering Services; (2.) Professional Services Contract between the City of Huntington Beach
and Harris and Associates forAs-Needed Engineering Services; (3.) Professional Services
Contract between the City of Huntington Beach and Richard Brady & Associates for As -Needed
Engineering Services, (4.) Professional Services Contract between the City of Huntington
Beach and Willdan forAs-Needed Engineering Service.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen
(City Council) Authorized Appropriation of $400,000 for Maintenance and Repairs .at the.
Emerald Cove Senior Housing Complex (285.10)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar in order to receive clarification from staff regarding the meaning of the word
"appropriation" versus the meaning of the word "budgeted."
Administrative Services Director Clay Martin reported by clarifying the differences between
budgeted expenditures and appropriations.
(12) February 2, 2004 - Council/Agency Minutes - Page 12
A motion was made by Sullivan, second Coerper to:
.Appropriate $400,000 from the Emerald Cove Enterprise Fund unreserved, undesignated
balance for repairs and maintenance to the Emerald Cove Senior Housing Complex.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen
(City Council) Adopted Resolution No. 2004-5 Authorizing the Closing of the First Block
of Main Street to Vehicular Traffic for Certain Specific Events (March 27, October 31, and
November 21, 2004) (800.60)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar in order to emphasize his belief that the first two blocks of Main Street should be
closed to vehicular traffic and transformed into a pedestrian mail.
A motion was made by Sullivan, second Coerper to:
Adopt Resolution. No. 2004-5 — "A Resolution of the City Council of the City of Huntington
Beach Authorizing the Closing of Main Street to Vehicular Traffic for Certain Special Events:
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen
(City Council) Authorized Appropriation of FireMed Funds and Approved Agreement
between the City and ESI (Employment Systems, Inc.) for Ambulance Operators/ Fire
Interns (600.10)
Councilmember Coerper requested that this agenda item be removed from the Consent
Calendar in order to receive clarification from staff concerning the increased cost for ambulance
services:
Fire Chief Duane Olson reported that the increased cost to the existing contract is due to the
increase in Workers' Compensation rates_
A motion was made by Coerper, second Hardy to:
1. Authorize the appropriation of $85,000 from the Undesignated, Unappropriated FireMed
fund balance to the Emergency Ambulance Program account;
and
(Continued on the next page)
(13) February 2, 2004 - Council/Agency Minutes - Page 13
2. Approve and authorize the Mayor and City Clerk to execute the Employment Systems,
Inc. Agreement to Provide Staffing Services to the City of Huntington Beach in an
amount not to exceed $630,000 from March through September 2004, $1,011,363 for
Fiscal Year 2004/05 and $1,021,363 fro Fiscal Year 2005/06 to provide leased
ambulance operator/fire intern personnel to the city.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: Houchen (Cook out of room)
(City Council) Authorized Appropriation and Created Business Unit for the Police
Department's State Narcotics Forfeiture Account (320.10)
Councilmember Coerper requested that this agenda item be removed from the Consent
Calendar in order to receive clarification from staff regarding the reason for establishing the new
Business Unit.
Police Chief Kenneth Small reported that the reason for establishing the new Business Unit was
for bookkeeping purposes.
A motion was made by Coerper, second Sullivan to:
1. Establish a new State Narcotic Forfeiture expense business unit and approve the
expenditure of those funds to pay for costs within the Police Department;
and
2. Appropriate $250,000 from the Narcotics Forfeiture Fund to the newly established expense
account.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: Houchen (Cook out of room) .
(City Council) Authorized As Amended Appropriation of Funds to Pay Attorney's Fees in
Connection with the Settlement in Howard Jarvis Taxpayers Association„ et al., versus
City of Huntington Beach, et al. OCSC Case No. 81870, Court of Appeal, Fourth District,
Case No. G029292 (Property Tax Refund Claims) (320.45)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar in order to amend the recommended action to add after the word "agreement" —
"entered into with the Howard Jarvis Taxpayers Association for their Attomey's fees in the
litigation, Howard Jarvis Taxpayers Association, et al vs. City of Huntington Beach, et al, OCSC
Case No. 818780-, Court of Appeal, Fourth District, Case No. G029292."
(14) February 2, 2004 - Council/Agency Minutes - Page 14
A motion was made by Sullivan, second Hardy to:
Appropriate $250,000 from Fund 707, the Employees' Rate Contingency fund (identified as
impounded property tax override revenue from FY 2000-01) to fund the agreement as amended
"entered into with the Howard Jarvis Taxpayers Association for their Attorney's fees in the
litigation, Howard Jarvis Taxpayers Association, et al vs. City of Huntington Beach, et al, OCSC
Case No. 818780; Court of Appeal, Fourth District, Case No. G029292."
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen
(City Council) Approved As Amended Processing of Incomplete Property Tax Refund
Claims (Howard Jarvis lawsuit) (120.25)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar in order to receive clarification from staff concerning incomplete property tax refund
claim forms.
Principal Administrative Analyst Peter Grant reported on the recommended actions.
Councilmember Sullivan stated he would make a motion to amend the recommended action
to allow incomplete property tax refund claims received before January 5, 2004 to be completed
and refiled within 35 days (amended to change from 30 days) of the date the city mails
notification of an incomplete claim to the claim filer.
A motion was made by Sullivan, second Coerper to:
1. Allow property tax refund claims without original signatures to be processed when the claim
can be verified electronically;
and
2. Allow incomplete property tax refund claims received before January 5, 2004 to.be
completed and refried as amended within 35 days of the date the city mails notification of
an incomplete claim to the claim filer.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen
(15) February 2, 2004 - Council/Agency Minutes - Page 15
(City Council) Approved Professional Services Contract between the City and Moreland
& Associates, Inc. and Authorize Appropriation for Project Manager Assistance in
Processing Property Tax Refund Claims (Howard Jarvis Lawsuit) (600.10)
Councilmember Sullivan requested that this agenda item be removed from the. Consent
Calendar in order to receive clarification from staff regarding the procedure for processing of
property tax refund claims.
Councilmember Sullivan stated his belief that the city property tax refund claim process requires
assistance and expertise.
Principal Administrative Analyst Peter Grant reported regarding the process of verifying the
claims filed including electronic verification of signatures. He described phases of processing
the claims and stated there are still procedures to finalize.
A motion was made by Sullivan, second Coerper to:
1- Authorize the Mayor and City Clerk to approve the Professional Services Contract between
the City of Huntington Beach and Moreland & Associates, Inc. for Project Manager
Assistance Processing Property Tax Override Refunds to assist in processing property tax
refund claims;
and
2. Appropriate $250,000 from Fund 707, the Employees' Rate Contingency fund (identified as
impounded property tax override revenue from FY 2000-01) to fund the agreement.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: Houchen
Councilmember Sullivan stated that he would have requested the following six Consent
Calendar agenda items pertaining to employee health benefits be removed for separate
discussion, however, because Mayor Cathy Green removed them on behalf of City
Administrator Ray Silver, he would wait for further clarification.
(City Council) Adopted Resolution No. 2004-6 Approving`a Side Letter of Agreement Re:
Proposed Health Plan Benefits to the Memorandum of Understanding (MOU) Between the
City and the Huntington Beach Municipal Employees' Association (MEA) (720.20)
Mayor Cathy Green requested that this agenda item be removed from the Consent Calendar, on
behalf of City Administrator Ray Silver, for discussion and an oral report by Assistant City
Administrator William Workman.
Assistant City Administrator William Workman informed Council of changes in proposed city
employee health plan benefits concerning; 1) the City Plan and Health Net health care options will
(16) February 2, 2004 - Council/Agency Minutes - Page 16
be discontinued and 2) Blue Shield and Kaiser Permanente health coverage plans will be
substituted. Mr. Workman stated there would be no change in employee wages or salaries.
A motion was made by Coerper, second Hardy to:
Adopt Resolution No. 2004-6 - "A Resolution of the City Council of the City of Huntington
Beach Amending the Memorandum of Understanding between the City and the Huntington
Beach Municipal Employees' Association, by Adopting the Side Letter of Agreement."
The motion carried by the following roll call vote:
AYES: Coerper, Hardy, Green, Boardman, Cook
NOES: Sullivan
ABSENT: Houchen
(City Council) Adopted Resolution No. 2004-7 Approving a Side Letter of Agreement Re:
Proposed Health Plan Benefits to the Memorandum of Understanding (MOU) Between the
City and the Huntington Beach Management Employees' Organization (MEO) (720.20)
Mayor Cathy Green requested that this agenda item be removed from the Consent Calendar, on
behalf of City Administrator Ray Silver, for discussion and an oral report by Assistant City
Administrator William Workman.
Assistant City Administrator William Workman informed Council of changes in. proposed city .
employee health plan .benefits concerning; 1) the City Plan and Health Net health care options will
be discontinued and 2) Blue Shield and Kaiser Permanente health coverage plans will be
substituted_ Mr. Workman stated there would be no change in employee wages or salaries.
A motion was made by Coerper, second Hardy to:
Adopt Resolution No. 2004-7 — "A Resolution of the City Council of the City of Huntington
Beach Amending the Memorandum of Understanding between the City and the Huntington
Beach Management Employees' Organization, by Adopting the Side Letter of Agreement. "
The motion carried by the following roll call vote:
AYES: Coerper, Hardy, Green, Boardman, Cook
NOES: Sullivan
ABSENT: Houchen
(City Council) Adopted as Amended - to Remove Modifying Salary - Resolution
No. 2004-8 Modifying Salary and Benefits Re: Proposed Health Plan for Non -
Represented (Non -Associated) Employees for Calendar Year 2004 (720.20)
Mayor Cathy Green requested that this agenda item be removed from the Consent Calendar, on
behalf of City Administrator Ray Silver, for discussion and an oral report by Assistant City
Administrator William Workman.
Assistant City Administrator William Workman informed Council of changes in proposed city
employee health plan benefits concerning; 1) the City Plan and Health Net health care options will
(17) February 2, 2004 - Council/Agency Minutes - Page 17
be discontinued and 2) Blue Shield and Kaiser Permanente health coverage plans will be
substituted. Mr. Workman stated there would be no change in employee wages or salaries.
Discussion was held concerning the wording regarding modification of salary on Resolution
No. 2004-8.
City Administrator Ray Silver recommended removing the words regarding modification of
salary from the resolution because there would be no modification of salary.
A motion was made by Coerper, second Hardy to:
Adopt as amended to remove Modifying Salary from Resolution No. 2004-8 — "A Resolution
of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Calendar
Year 2004 for Non -Represented Employees."
The motion carried by the following roll call vote:
AYES: Coerper, Hardy, Green, Boardman, Cook
NOES: Sullivan
ABSENT: Houchen
(City Council) Adopted Resolution No. 2004-9 Modifying Salary and Benefits Re: Health
Plan for Calendar Year 2004 for the Elected City Clerk (700.90)
Mayor Cathy Green requested that this agenda item be removed from the Consent Calendar, on
behalf of City Administrator Ray Silver, for discussion and an oral report by Assistant City
Administrator William Workman.
Assistant City Administrator William Workman informed Council of changes in proposed city
employee health plan benefits concerning; 1) the City Plan and Health Net health care options will
be discontinued and 2) Blue Shield and Kaiser Permanente health coverage plans will be
substituted. Mr. Workman stated there would be no change in wages or salaries.
A motion was made by Coerper, second Hardy to:
Adopt Resolution No. 2004-9 -- "A Resolution of the City Council of the City of Huntington
Beach Modifying Benefits and Salary for Calendar Year 2004 for the Elected City Clerk."
The motion.carried by the following roll call vote:
AYES: Coerper, Hardy, Green, Boardman, Cook
NOES: Sullivan
ABSENT: Houchen
(18) February 2, 2004 - Council/Agency Minutes - Page 18
(City Council) Adopted Resolution No. 2004-10 Modifying Salary and Benefits Re: Health
Plan for Calendar Year 2004 for the Elected City Attorney (700.90)
Mayor Cathy Green requested that this agenda item be removed from the Consent Calendar, on
behalf of City Administrator Ray Silver, for discussion and an oral report by Assistant City.
Administrator William Workman.
Assistant City Administrator William Workman informed Council of changes in proposed city
employee health plan benefits concerning; 1) the City Plan and Health Net health care options will
be discontinued and 2) Blue Shield and Kaiser Permanente health coverage plans will be
substituted. Mr. Workman stated there would be no change in wages or salaries.
A motion was made by Coerper, second Hardy to:
Adopt Resolution No. 2004-10 — "A Resolution of the City Council of the City of Huntington Beach
Modifying Benefits and Salary for Calendar Year 2004 for the Elected City Attorney."
The motion carried by the following roll call vote:
AYES:
Coerper, Hardy, Green, Boardman, Cook
NOES:
Sullivan
ABSENT:
Houchen
(City Council) Adopted Resolution No. 2004-11.. Modifying Salary and Benefits Re: ;Health
Plan for Calendar Year 2004 for the Elected City Treasurer (700.90)
Mayor Cathy Green requested that this agenda item be removed from the Consent Calendar, on
behalf of City Administrator Ray Silver, for discussion and an oral report by Assistant City
Administrator William Workman.
Assistant City Administrator William Workman informed Council of changes in proposed city
employee health plan benefits concerning; 1) the City Plan and Health Net health care options will
be discontinued and 2) Blue Shield and Kaiser Permanente health coverage plans will be
substituted. Mr. Workman stated there would be no change in wages or salaries.
A motion was made by Coerper, second Hardy to:
Adopt Resolution No.`2004-11 -- "A Resolution of the City Council of the City of Huntington
Beach Modifying Benefits and Salary for Calendar Year 2004 for the Elected City Treasurer."
The motion carried by the following roll call vote:
AYES: Coerper, Hardy, Green, Boardman, Cook
NOES: Sullivan
ABSENT: Houchen
(City Council) Announcements Made Regarding the Pacific Marathon
Mayor Pro Tem Jill Hardy announced the 2004 Pacific Marathon as being a success.
(19) February 2, 2004 - Council/Agency Minutes - Page 19
Mayor Pro Tern Jill Hardy thanked the Municipal Employees Association (MEA) for volunteer
participation in the marathon. She especially thanked Accounting Technician 11 Elizabeth
Bodine who assisted in an emergency medical situation.
Councilmember Coerper also. expressed Ns appreciation to Assistant City Administrator
Workman for his early morning participation in the Pacific Marathon.
(City Council) Announcements Made by Councilmember Sullivan re: Los Angeles Times
News Coverage and the 3% at 50 Retirement Benefit for Safety Officers (120.85)
Councilmember Sullivan expressed his disappointment concerning the Los Angeles Times for
what he believes is non -coverage of Orange County, including the Pacific Marathon. He
commended The Independent for local news coverage.
Councilmember Sullivan spoke regarding what he believes to be the high cost of 3% at age 50
retirement benefits.
(City Council) Announcement Made by Mayor Cathy Green re: Registrar of Voters
Recruitment of Clerics and Pollsters for March 2, 2004 Special Municipal Election (120.85)
Mayor Green re -announced that the Registrar of Voters is recruiting for clerks and pollsters and
she listed the requirements: A clerk or pollster must be a U.S. citizen and over age 18, must be
able to read and speak English. The clerk or pollster will receive a stipend of $50 per day and
$20 for mandatory training. 714-567-7580 or the Registrar of Voters Website www.ocvote.org
were given for contact.
(City Council) Congratulations Extended to Morgan Fullmer on Becoming an Eagle Scout
(120.85)
Mayor Green congratulated Morgan Fullmer on becoming an Eagle Scout.
(City Council) Gratitude Expressed to Huntington Beach Police Department for Armed
Guard Service of Governor Schwarzenegger (120.85)
Mayor Green announced that Congressman Rohrbacher thanked the Huntington Beach Police
Department for their professionalism in guarding Governor Schwarzenegger during his recent
visit to Huntington Beach.
(City Council) Announcement of Banquet in Honor of Community Emergency Response
Team (CERT) and Radio Amateur Citizens Emergency Services (RACES) (120.85)
Mayor Cathy Green announced that the Community Emergency Response Team (CERT) and
Radio Amateur Citizens Emergency Services (RACES) volunteers were honored with a banquet
for their hard work.
(20) February 2, 2004 - Council/Agency Minutes - Page 20
(City Council) Huntington Beach Firefighters Honored by Congressman Rohrbacher for
Assistance in California Wildfires (120.85)
Mayor Green also announced that the Huntington Beach Firefighters were honored by
Congressman Rohrbacher for their help during the recent wildfires in California.
Adjournment — City CouncillRedevelopment Agency
Mayor Green adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to Tuesday, February 17, 2004, at 5:00 p.m., in Room B-8 Civic Center, 2000
Main Street Huntington Beach, California.
rty erk and ex-officio grerk of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
City Clerk -Clerk Ma r-Chairman