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HomeMy WebLinkAbout2004-05-03 (6)Minutes City Council/Redevelopment Agency City of Huntington Beach Monday, May 3, 2004 4:30 P.M. - Room B-8 7:00 P.M. - Council Chambers . Civic Center, 2000 Main Street Huntington Beach, California 92648 An audiotape of the 4:30 p.m. portion of the Adjourned Regular Meeting and 5:00 p.m. portion of the Regular Meeting and a videotape of the 7:00 p.m. portion of the Regular Meeting are on file in the Office of the City Clerk. Call to Order Mayor Green called the Adjourned Regular meetings of the City Council/Redevelopment Agency of the City of Huntington Beach to order at 4:30 p.m. in Room B-8. The City Council convened at 5:00 p.m. to the Regular Meetings. City Council/Redevelopment Agency Meeting Roll Call Present: Coerper, Hardy, Green, Boardman, Cook (Sullivan arrived 4:35 p.m.; Houchen arrived 4:40 p.m.) Absent: None 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 the City Clerk's Office following distribution of the agenda packet: Communication submitted by the Administrative Services Department of a PowerPoint presentation dated May 3, 2004 and titled Fiscal Year 200212003 Comprehensive Annual Financial Report (CAFR). Communication submitted by the Administrative Services Department titled City of Huntington Beach, California Comprehensive. Annual Financial Report for the Year Ending September 30, 2003. This is a 115-page document and copies were available at tonight's meeting and are on file for public review in the Office of the City Clerk. (City Council/Redevelopment Agency) Study Session Number 1 Held — Presentation Made by the Planning Department Regarding a Review of the Pacific City Project — Public Hearing is Scheduled for June 7, 2004 (440.80) Planning Director Howard Zelefsky orally reported. Mr. Zelefsky clarified for Council what occurred at the meeting of March 19, 2004 between city staff and Councilmember Connie Boardman regarding soil clean-up. (2) May 3, 2004 - Council/Agency Minutes - Page 2 e Planning Manager Scott Hess presented on design, amenities and benefits of this project to the City. Mr. Hess referred to wall maps and diagrams, which were presented in a communication titled Pacific City Huntington Beach that was included in the agenda packet. Principal Planner Mary Beth Broeren presented on the environmental aspects. Public Works Director Robert F. Beardsley and Transportation Manager Robert Stachelski reported on water quality issues and traffic impacts respectively. City Engineer David Webb responded to Council inquires regarding water run-off, dry weather versus storm weather flows. Council inquired and received clarification from staff regarding: 1) the redevelopment area; 2) the public right-of-way concerns with the sidewalks and existing bike path; 3) encroachment issues; 4) air quality; and 5) parking issues. Soils clean-up was announced as a topic to be discussed at the June 7, 2004 Public Hearing scheduled for Pacific City, which Director Zelefsky stated would be clarified. (City Council/Redevelopment Agency) Study Session Number 2 Held — Presentation Made by the Administrative Services Department Regarding a Review of the Comprehensive Annual Financial Report (CAFR) by the Administrative Services Department — Return with Mid -Year Budget Report at the May 17, 2004 Council Meeting (300.20) Administrative Services Clay Martin reported on the Comprehensive Annual Financial Report. (CAFR) Caporrici and Larson, auditors, were introduced and Finance Board member Tim Geddes, who was present in the audience. Finance Officer Dan Villella presented a PowerPoint slide show titled Fiscal Year 200212003 Comprehensive Annual Financial Report (CAFR) which was announced as a Late Communication by Assistant City Clerk Liz Ehring. Administrative Services Director Clay Marin addressed the reserve fund of 12.22 million dollars. He also responded to Councilmember Coerper's concern regarding the CAFR font setting. Director Martin stated staff would return to Council on May 17, 2004 with the mid -year budget report. Motion to Recess to Closed Session — Approved A motion was made by Cook, second Boardman to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None (3) May 3, 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: William Workman, Acting 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. Subject: Labor Relations - Meet & Confer. (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 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) (City Council) Closed Session — Pursuant to Government Code Section 54957 to consider personnel matters. Subject: Recruitment of City Administrator. (120.80) (City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) (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. (120.80) Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council Chambers. City Council Redevelopment Agency Roll Call Present: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen Absent: None No Actions Taken Which Require a Reporting Pursuant to Government Code §54957.1(a) (3) (B)). Mayor Green asked City Attorney Jennifer McGrath if there were any actions taken by the City Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney McGrath responded that there were no actions to report. (City Council) Mayor Cathy Green Announced Report of Action Pursuant to Government Code Section 54957.1(a)(2) Taken by the City Council in Closed Session on May 3, 2004 Regarding the Appointment of Dr. Penelope (Penny) Culbreth-Graft as City Administrator (120.80) Mayor Cathy Green announced that on Monday, May 3, 2004 the City Council convened in Closed Session to discuss the matter of the Appointment of a City Administrator. City Council voted to approve the appointment and Mayor Green introduced Dr. Penelope (Penny) Culbreth-Graft for the position of City Administrator of the City of Huntington Beach. The Council voted as follows: 6 Ayes; 1 Noes (Sullivan No) (4) Pledge of Allegiance — Led by Mayor Green May 3, 2004 - Council/Agency Minutes - Page 4 a Invocation — by Father Christian Mondor, Saints Simon and Jude The City Clerk Announced Late Communications Pursuant to the Brown (Open Meetings) Act, City Clerk Connie Brockway announced Late Communications regarding agenda items that had been received by her office following distribution of the agenda packet: Communication submitted by the Administrative Services Department of a PowerPoint presentation dated May 3, 2004 and titled Fiscal Year 200212003 Comprehensive Annual Financial Report (CAFR). Communication submitted by the Administrative Services Department titled City of Huntington Beach, California Comprehensive Annual Financial Report for the Year Ending September 30, 2003. This is a 115-page document and copies are available at tonight's meeting and are on file for public review in the Office of the City Clerk. Communication from Pacific Terminals LLC dated April 27, 2004 titled Pipeline Franchise Ordinance No. 687 2003 Statement of Franchise Fee. The Following Additional Late Communications Were Submitted During the Meeting: Communication submitted by Julie Bixby during .Public Comments of an.email dated May 1, _ 2004 from Stuart Welch to.Julie Bixby regarding Planning Commissioner Ron.Davis. Two communications submitted by Jan Vandersloot during Public Comments regarding Planning Commissioner Ron Davis titled First Stuart Welch Email Post to HBTalk 4-18-04 and HBPOA (Huntington Beach Police Officers Association) Justice for All Volume 13, Issue 4 October -December 2002. Presentation made by Mayor Cathy Green to call on Fire Chief Duane Olson who introduced Chuck Reynolds, on behalf of the Federal Emergency Management Agency (FEMA), who presented a check for $200,000 to the City for the Fire Department's Weapons of Mass Destruction Program. (160.40) Presentation made by Mayor Cathy Green who presented a commendation to 11-year-old Cindy Tran (accompanied by Coach Rick Graves), from the Golden West Swim Club, for breaking the National Record in the 50-yard backstroke. (160.40) Presentation made by Mayor Cathy Green who proclaimed May 2 through May 8, 2004 as Municipal Clerks Week. In addition, the Mayor had recently been notified by the International Institute of Municipal Clerks and presented plaques to City Clerk Connie Brockway who has been designated Master Municipal Clerk, and to Assistant City Clerk Liz Ehring who has received her designation of Certified Municipal Clerk. Currently there are 338 CMC's and 128 MMC's in 478 City Clerk Offices throughout the state. (160.40) (5) May 3, 2004 - Council/Agency Minutes - Page 5 A motion was made by Green, second Boardman to bring the item forward and public comments regarding the the resignation of the City Clerk. The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None Public Comments Robert Moore and his mother Eugenia Moore spoke regarding City Clerk Connie Brockway's knowledge and understanding along with a good sense of humor. Ed Kerins and members of Huntington Beach Tomorrow presented a Proclamation to City Clerk, Connie Brockway for her outstanding service to the City. Tom Livengood, representing Amigos de Bolsa Chica, presented a picture from the organization to City Clerk Connie Brockway acknowledging the outstanding job she did for the community. Dr. Ralph Bauer, former Mayor and former Mayors Robert Mandic, Shirley Dettloff and Ron Shenkman expressed their appreciation and their gratitude for all of her years of service to City Clerk Connie Brockway. City Clerk Brockway spoke regarding the Wall of Mayors in the Council Chambers. Mayor Green and Mayor Pro Tern Hardy presented Hollywood Centerpieces from the Library to "Shining Star". Connie Brockway, as well as a key to the City, a City flag and a bouquet of flowers.. Each of the Council members spoke in turn to express appreciation to City Clerk Connie Brockway for her dedication to open government, her assistance, honesty and integrity and invaluable help to candidates running for elective office. Public Comments Resumed Peter Albini spoke in favor of the temporary closure of downtown Main Street and the Huntington Youth Shelter item. He also stated that in his opinion the best alternative for the City Clerk vacancy is to appoint Assistant City Clerk Liz Ehring. Mr. Albini thanked City Clerk Connie Brockway for her years of service. Keith Bohr congratulated City Clerk Connie Brockway on her retirement. He spoke in opposition to the proposed temporary closure of downtown Main Street giving reasons why in his opinion it may be premature. Bob Polkow also thanked City Clerk Connie Brockway for all of her help over the years. He stated that in his opinion the case against Ron Davis is unfair and the use of aliases on the internet is not illegal. Tim Geddes spoke in favor of alternative 2 regarding filling the City Clerk vacancy by appointing Liz Ehring as City Clerk due to the short interim before the general election in November 2004. (6) May 3, 2004 - Council/Agency Minutes - Page 6 Dean Albright stated that he was in concurrence with the previous speaker, Tim Geddes recommendation. Julie Bixby distributed a Late Communication regarding Ron Davis and cited an excerpt from the e-mail. Councilmember Cook read an item regarding aliases on the internet and in support of anonymous speech as a constitutional right. She announced that Ron Davis would not be asked to resign from his appointment on the Planning Commission. Ron McLin, Longboard Restaurant owner, spoke in opposition to proposed temporary closure of downtown Main Street stating that the that the project needs to be done right and is premature. He stated that it would result in traffic congestion. Juana Mueller, President of Friends of Shipley Nature Center, spoke regarding banning Avitrol from the City. Ms. Mueller urged Council to adopt an ordinance banning this dangerous poison. Steve Ray commended City Clerk Connie Brockway for all her knowledge and dedicated service. He also spoke recommending a committee to participate in the process of studying the proposed Main Street closure. Mark Bixby spoke regarding the alleged violation of the Brown Act by the Planning Commission. He announced that his e-mail address is www.Bixby.org and spoke in favor of Ron Davis resigning from the Planning Commission. Councilmember Debbie Cook asked City Attorney Jennifer. McGrath.if the issue.has been brought to the District Attorney. City Attorney McGrath reported that it is not a Brown Act violation. John Earl spoke against the City's agreement with Coca-Cola Company, alleging human rights abuses practiced. Mayor Green informed City Clerk Brockway that a videotape has been submitted to her office by the last speaker. Merrilee Madrigal spoke regarding the suitability of Ron Davis as Planning Commissioner. Louann Murray, HB Independent Environmental Columnist, spoke in favor of the item regarding the banning of Avitrol stating that the bird poison is a neuro toxin, which results in a slow death in birds and other animals that eat such birds and a risk for children as well. Norm "Firecracker" Westwell candidate for the State Assembly for the 67'h District, thanked City Clerk Connie Brockway and stated that in his opinion the appointment of Assistant City Clerk Liz Ehring to the vacant position of City Clerk is the best alternative. He stated his opposition to the proposed Main Street closure citing cost factor. Mr. Westwell expressed his concern regarding the pollutants in the Channel at Talbert Marsh and spoke in favor of legalizing fireworks. Van Champion spoke regarding the new "touch screen" voting machines and stated that in his opinion a paper trail is necessary to ensure the integrity of the system. (7) May 3, 2004 - Council/Agency Minutes - Page 7 e Jan Vandersloot thanked City Clerk Connie Brockway. He distributed two Late Communications on Stuart Welch aka Ron Davis, alleging lies made by the alias and stated that in his opinion this is not appropriate behavior for the Chairman of the Planning Commission. (City Council) City Clerk Connie Brockway Read Verbatim her Letter of Resignation from the Office of the City Clerk (620.10) City Clerk Connie Brockway read the following communication verbatim: I would like to express my appreciation to the citizens for being able to serve the city in the City Clerk's Office for the past 36 years, 16 years as the city's elected city clerk. Personal concerns prompt my resignation effective May 4, 2004. Through these 36 years I have been privileged to meet and come to know so many fine citizens who have contributed and continue to contribute so much to our community. I have also learned from the proceedings of so many city council meetings how hard our city council members work and are skillfully supported by the dedicated department heads together with all of the city employees who put into motion the policies laid out by council and who ensure that we all have the wonderful, safe community we are so proud of. The City Clerk's staff at present numbers seven. I would like to thank Deputy City Clerks Kelly Mandic, Rebecca Ross, Dale Jones, Marie Braddock, Patty Esparza, Robin Roberts and Passport Facility Clerks Pat Sullivan and Eleanor Gonzales. They are the best staff any City Clerk could have. My very special thanks to the many citizen volunteers who through the years have been such an integral part of the City Clerk's Office. would like. to take this opportunity to thank Assistant City Clerk Liz Ehring for ably. serving in my stead during my absence. Liz Ehring is a Certified Municipal Clerk in her own right and has worked very hard the past five years in the City Clerk's Office to receive the highly valued designation of Certified Municipal Clerk. She has shown her understanding of and ability to fulfill the City Clerk's Code of Ethics, which lists eight promises. Three of these promises within the City Clerk's Code of Ethics are: To uphold constitutional government and the laws of my community, To be ever mindful of my neutrality and impartiality, rendering equal service to all, and to record that which is true and preserve that which is entrusted to me as if it were my own. I sincerely impart to the City Council that the citizens of Huntington Beach would be well -served by the City Council's appointment of Assistant City Clerk Liz Ehring to fill the remainder of my term of office which expires November, 2004. Respectfully submitted, Connie Brockway, MMC, City Clerk. City Clerk Brockway requested that a motion be made to accept her resignation effective May 4, 2004. A motion was made by Sullivan, second Coerper to accept the resignation of City Clerk Connie Brockway effective May 4, 2004. The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None (8) May 3, 2004 - Council/Agency Minutes - Page 8 City Clerk Brockway asked for and received permission by unanimous consent of all present, none absent, to be excused from the remainder of the meeting. Assistant City Clerk Liz Ehring officiated in place of the City Clerk. (City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's February and March 2004 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 February and March 2004. City Treasurer Shari Freidenrich reported and gave a PowerPoint slide presentation titled Treasurer's Report — Shari L. Freidenrich, CPA, CCMT, CMFA — May 3, 2004 which was included in the agenda packet. City Treasurer Freidenrich stated that rates for investments are good news. A motion was made by Boardman, second Hardy 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 February and March 2004, 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, Coerper,. Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None Consent Calendar — Items Removed for Separate Discussion Acting City Administrator Workman announced that due to a conflict of interest he would leave the chambers if items regarding Tract No. 15472 and CC1 158/CC1 159 were to be discussed. The following item was removed from the Consent Calendar for separate discussion: (City Council) Revisions to the City's Financial Policies as Recommended by the Finance Board (320.60) Consent Calendar —Items Approved On motion by Boardman, second Hardy Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None (9) May 3, 2004 - Council/Agency Minutes - Page 9 a (City Council/Redevelopment Agency) Minutes (120.65) - Approved and adopted the minutes of the City Council/Redevelopment Agency Special/Adjourned Regular Meetings of April 5, 2004 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Received, Reviewed and Filed City Clerk's Passport Acceptance Facility Operations Quarterly Report for January 2004 through March 2004 (100.30) - Received, reviewed and filed the Passport Acceptance Facility Report showing net profit of $25,994.26 for the period of January 2004 to March 2004, as prepared and submitted by the Office of the City Clerk. Submitted by the City Clerk. Funding Source: Not applicable. (The total net profit since the Passport Facility was established by Council in February 2000 is $163,528.74.) (Redevelopment Agency) Approved Loan Agreement Between the Redevelopment Agency and the Auto Dealers Association Business Improvement District (BID) — Approved Amendment No. 1 to the Lease Agreement Between the Redevelopment Agency and the Huntington Beach Automobile Dealers Association — Appropriated $474,000 from the Redevelopment Agency's Fund Balance to Upgrade the Reader Board Sign Located Along the 405 Freeway near Beach Boulevard and Edinger Avenue (600.30) — 1. Approved Loan Agreement with the Auto Dealers Association Business Improvement District (BID) in the amount of $474,000 and authorized the Agency Chairperson and Agency Clerk to sign the agreement; and 2. Approved Amendment No. 1 to Lease Agreement Between the Redevelopment Agency of the City of Huntington Beach and the Huntington Beach Automobile Dealers Association for Property Located Adjacent to the 405 Freeway in the City of Huntington Beach; and 3. Appropriated $474,000 from the Redevelopment Agency's Fund Balance. Submitted by the Deputy Executive Director. Funding Source: Redevelopment Agency's Projects Fund unappropriated, undesignated; Redevelopment Agency fund balance, (See agenda item relating to Resolution No. 2004-22 below) (City Council) Adopted Resolution of Intention No. 2004-22 — Approving the Huntington Beach Auto Dealers Business Improvement District (BID) Mid -Year Modification and Assessment Increase — Scheduled Public Hearing for June 7, 2004 (460.30) — 1. Adopted Resolution No. 2004-22 - "A Resolution of the City Council of the City of Huntington Beach Declaring its Intention to Modify and Increase the Assessment within the Huntington Beach Auto Dealers Business Improvement District;"and 2. Directed the City Clerk to schedule a public hearing to be held on June 7, 2004, and to send copies of the Resolution, BID Boundary Map and assessment formula to each business to be assessed. Submitted by the Economic Development Director. Funding Source: Not Applicable. (A copy of the proposed Ordinance is included in the agenda packet.) (See agenda item above.) (City Council) Approved Amendment No. 8 to Cooperative Agreement No. C-95-975 between the City and the Orange County Transportation Authority (OCTA) for Roadway Improvements through the Combined Transportation Funding Program (CTFP) (600.25) Approved and authorized the Mayor and City Clerk to execute Amendment No. 8 to Cooperative Agreement No. C-95-975 between the Orange County Transportation Authority and the City of Huntington Beach. Submitted by the Public Works Director. Funding Source: None required. Over the next five fiscal years, street improvement grants totaling up to $5.9 million have been awarded to the City. (City Council) Adopted Resolution No. 2004-23 Approving the Huntington Beach and Fountain Valley Hazard Mitigation Committee By -Laws (510.10) — Adopted Resolution No. 2004-23 — "A Resolution of the City Council of the City of Huntington Beach Approving the By - Laws of the Huntington Beach/Fountain Valley Hazard Mitigation Committee." Submitted by the Fire Chief. Funding Source: None required. (10) May 3, 2004 - Council/Agency Minutes - Page 10 e (City Council) Approved the Release of Securities for Tract No. 15472 Located North and East of the Intersection of Bolsa Chica Street and Warner Avenue (s/o Heil Avenue) - Accepted the Public Improvements (W. L. Homes, LLC, a Delaware Limited Liability Company - dba John Laing Homes — Meadowlark Specific Plan) (420.60) - 1. Accepted the improvements constructed and dedicated for public use with Tract No. 15472; and 2. Accepted the Guarantee and Warranty Bond No. 392484; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 3. Released Faithful Performance/Labor and Material Bond No. 392484 and Monument Bond No. 392485 pursuant to California Government Code Section No. 66499.7(b); and 4. Instructed the City Clerk to notify the developer, W. L. Homes, LLC, a Delaware limited liability company (dba John Laing Homes), of this action and the City Treasurer to notify the Surety, Seaboard Surety Company America, of this action; and 5. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Submitted by the Public Works Director. Funding Source: Not Applicable. (Acting City Administrator William Workman recused himself due to residing within a 500-foot proximity of the project.) (City Council) Approved Project Plans and Specifications and Authorized Advertisement of Bids for 1) Lift Station "D" (Existing Lift Station "D" is Located s/o Warner Avenue near Edgewater Avenue, New Lift Station Location is at the Intersection of Warner Avenue and Los Patos Avenue); CC-1182a and 2) Gravity Sewer Improvement Project (Located in Pacific Coast Highway and Warner Avenue); CC-1182b (600.60) Approved the project plans and specifications and authorized the Director of Public Works to request bids for Lift Station "D", CC-1182a and Gravity Sewer Improvement Project, CC-1182b. Submitted by the Public Works Director. Funding Source: Funds are budgeted in the Sewer Service Fund. Funding for this project includes an Environmental Protection Agency Grant, Sewer Service Charge User Fees and an agreement with the Seal Beach Sanitary. District. The engineer's cos_ t estimate is $3,990,000 for the construction of Lift Station "D" and $4,400,000 for installation of the gravity sewer, total estimate $8,390,000. (City Council) Accepted Bid by All American Asphalt and Award Construction Contracts for Graham Street (CC-1158) and Warner Avenue (CC-1159) Rehabilitation Improvements (600.50) —1. Accepted the lowest responsive and responsible bid submitted by All American Asphalt in the amount of $535,440.85 for Graham Street and Warner Avenue Rehabilitation Improvements, CC-1158 & CC-1159, respectively; and 2. Authorized the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Submitted by the Public Works Director. Funding Source: Budgeted in the Gas Tax, Arterial Rehabilitation, Street Improvements Account. Grant funds in the amount of $290,045 are included in the budgeted funds. The engineer's preliminary estimate is $622,555. (Acting City Administrator William Workman recused himself due to residing within a 500-foot proximity of the project.) (City Council) Accepted Bid by R. J. Noble and Award Construction Contracts for Magnolia Street (CC-1153); Hamilton Avenue (CC-1155); and Yorktown Avenue (CC-1156) Rehabilitation Improvements (600.50) —1. Accepted the lowest responsive and responsible bid submitted by R. J. Noble in the amount of $707,429.60 for Magnolia Street, Hamilton Avenue and Yorktown Avenue Rehabilitation Improvements; CC-1153, CC-1155 & CC-1156, respectively; and 2. Authorized the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Submitted by the Public Works Director. Funding Source: Budgeted in the Gas Tax, Arterial Rehabilitation, Street Improvements Account. Grant funds in the amount of $272,533 are included in the budgeted funds. The engineer's preliminary estimate is $702,408. May 3, 2004 - Council/Agency Minutes - Page 11 e (City Council) Adopted Resolution of Intention No. 2004-24 to Grant an Oil Pipeline Franchise to Pacific Terminals, LLC — Scheduled Public Hearing for June 7, 2004 (600.45) — 1. Adopted Resolution No. 2004-24 - "A Resolution of the City Council of the City of Huntington Beach Declaring its Intention to Grant an Oil Pipeline Franchise to Pacific Terminals, LLC;"and 2. Directed the City Clerk to schedule a public hearing to be held on June 7, 2004. at 7:00 p.m. or as soon thereafter as the matter may be heard, for the adoption of an ordinance granting an oil pipeline franchise to Pacific Terminals, LLC. Submitted by the Public Works Director. Funding Source: Not Applicable. (Exhibit A of Resolution 2004-24 is the proposed ordinance; Exhibit B is the public hearing notice.). (City Council) Adopted Revisions to the City's Financial Policies as Recommended by the Finance Board and Amended that the City Council to be Presented Annually With a List of all User Fees and Charges Indicating When They Were Last Changed (320.60) Councilmember Sullivan requested that this agenda item be removed from the Consent Calendar. He stated that the standards are to have a report within 6 months. Councilmember Sullivan commented on page E-3.10 recommending addition to the policy. A motion was made by Sullivan, second Hardy to adopt changes, revisions, and updates to the City of Huntington Beach Financial Policies as submitted by staff and the Finance Board and amended that the City Council to be presented annually with a list of all user fees and charges indicating when they were last changed. The motion carried by the following roll call. vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None (City Council) Adopted Ordinance No. 3652 Amending Chapter 8.21 of the Huntington Beach Municipal Code Re: Refuse Management (640.10) After Assistant City Clerk Liz Ehring read by title, a motion was made by Coerper, second Sullivan to adopt Ordinance 3652 - "An Ordinance of the City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Relating to Refuse Storage and Containers." (Approved for Introduction April 19, 2004.) 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) Adopted Ordinance No. 3653 Establishing Procedures to Pay Retirement Tax Refund Claims in Connection with Howard Jarvis Taxpayers Association v. City of Huntington Beach (This Ordinance Supercedes Resolution No. 2001-19) (640.10) After Assistant City Clerk Liz Ehring read by title, a motion was made by Hardy, second Boardman to adopt Ordinance No. 3653 — "An Ordinance of the City of Huntington Beach Directing the City Administrator to Approve all Valid Tax Refund Claims Filed in Connection with (12) May 3, 2004 - Council/Agency Minutes - Page 12 a the Case Entitled Howard Jarvis Taxpayers Association v. County of Orange and Real Party in Interest City of Huntington Beach, Orange County Superior Court Case No. 818780, and Establishing Procedures to Determine Their Validity." Submitted by the City Attorney. (Approved for Introduction as amended April 19, 2004.) 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 Staff Direction to Prepare a Plan for the Closure of Main Street as Amended (Downtown Huntington Beach) for Consideration by the City Council on June 7, 2004 (960.20) Communication from Councilmembers Pam Houchen, Dave Sullivan, and Gil Coerper transmitting the following Statement of Issue: Since adoption of the "Village Concept" of the Downtown Specific Plan in 1995 and its subsequent implementation in the years following, the downtown district has experienced a renaissance in new development, patronage and economic vitality. The success of the revitalization effort has resulted in considerable increases in both pedestrian and vehicular traffic volumes along Main Street in the downtown core, especially during the summer months. The temporary closure of Main Street within the downtown core between July 4th and Labor Day will improve public safety, enhance the experience of visitors (in particular those dining outdoors), and stimulate patronage_ for downtown business. Many residents have echoed this sentiment over the years. Accordingly, we recommend that the City Council approve the following motion: Direct staff to prepare a plan for the closure of Main Street between July 4th and Labor Day, for approval for consideration by the City Council on June 7, 2004. Planning Director Howard Zelefsky responded to Councilmember Sullivan's inquiry regarding feasibility of returning to Council with alternatives in three months. Acting City Administrator William Workman referred to a study from November 2001 regarding various issues. Staff responded to Council's inquires regarding: 1) staff hours for various departments involvement in researching costs and alternatives; 2) loss of revenue from parking meters and citations; 3) merchants and restaurants participation; 4) time of year for temporary Closure; and 5) proper. - barricades to ensure public safety. A motion as amended was made by Sullivan, second Coerper to direct staff to prepare a plan for the closure of Main Street for consideration by the City Council on June 7, 2004. The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None (13) May 3, 2004 - Council/Agency Minutes - Page 13 (City Council) Approved the City Attorney to Draft an Ordinance Banning the Use of the Bird Poison Avitrol in the City of Huntington Beach (520.20) Communication from Councilmember Connie Boardman transmitting the following Statement of Issue: In recent weeks concerned residents contacted the Council over the use of the bird poison Avitrol by a concessionaire in Central Parka This poison, while usually used to kill pigeons as was intended in this case, can also be consumed by other birds that eat the poisoned bait. Central Park is a very important bird area to migratory birds and attracts birders from all over the world. In addition, the Friends of Shipley Nature Center are in the process of restoring the Shipley Nature Center to make it even more attractive to birds. In light of this, I was very surprised to find out that Avitrol is being used to poison birds at a facility in the park. I can understand the desire to control pigeons in some areas of the park, but there are effective, non -lethal ways to discourage pigeons from roosting and nesting that don't impact other bird species. Currently, the use of Avitrol is legal in the city of Huntington Beach and there is nothing to prevent the use of it again. This poison, to my knowledge, has been banned in New York City; Fort Collins, Colorado; and Boulder, Colorado. I request the Council approve the recommended action below to ban the use of Avitrol in Huntington Beach. Councilmember Boardman reported and informed City Attorney McGrath that she would forward - her a .copy of a similar ordinance adopted in Colorado. A motion was made by Boardman, second Cook to direct the City Attorney to draft an ordinance banning the use of the bird poison Avitrol in the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None (City Council) Approved the Waiving of $2,346 in Fees for the Huntington Youth Shelter For the Installation, Maintenance, and Removal of the City's Holiday Light -A -Light of Love Snowflake Lights Downtown and on the Pier (960.20) Communication from Councilmember Pam Houchen transmitting the following Statement of Issue: Since 1998, the Huntington Youth Shelter has decorated the Municipal Pier and downtown Main Street during the holiday season with decorative snowflake lights. The Light -A -Light of Love project was originally organized as a partnership between the City and the Youth Shelter. The Youth Shelter purchased the lights at no cost to the City and the City's Public Works Department installed, maintained, and took down the fixtures at no cost to the Youth Shelter. The Youth Shelter also organized a lighting ceremony, which included a small parade down Main Street and entertainment at Pier Plaza. (14) May 3, 2004 - Council/Agency Minutes - Page 14 e The last two years the City has invoiced the Youth Shelter for the cost of installing the snowflakes and running the parade as follows: Huntington Youth Shelter Cost Year Installation of Snowflakes Parade/Ceremony Total Bill 1998-2001 $0 $0 $0 2002 $2,283 $1,840 $4,123 2003 $2,346 $1,261 $3,607 The Youth Shelter is requesting that the City waive the 2003 cost for installation of the snowflakes ($2,346). They will pay the cost for the parade and ceremony ($1,261). Without the Youth Shelter's efforts, the City would have no holiday decorations. Because these are the only holiday decorations that the City displays and because they decorate our most famous landmark, the Pier, I strongly recommend that the City continue to cover the cost of installation, maintenance, and removal of the fixtures. This partnership further promotes the City's goal of becoming a destination attraction. Councilmember Houchen reported. Council received clarification from staff regarding costs and discussed alternative funding. A motion was made by Houchen, second Coerper to approve the waiving of.$2,346 in fees for the Huntington Youth Shelter for the installation, maintenance, and removal of the.city's holiday lights downtown and on the pier. The motion carried by the following roll call vote: AYES: Coerper, Hardy, Boardman, Cook, Houchen NOES: Sullivan, Green ABSENT: None (City Council) Procedure Established to Conduct City Clerk Recruitment to Fill the Remainder of the Unexpired Term (December 6, 2004) Left Vacant on May 4, 2004 due to the Resignation of City Clerk Connie Brockway (620.10) Communication from Mayor Cathy Green transmitting the following Statement of Issue: After 36 years of dedicated service to the City of Huntington Beach, City Clerk Connie Brockway has resigned, effective May 4, 2004. Since the next regular election for the office of City Clerk will not be held until November 2, 2004, a process needs to be approved regarding the appointment of a new City Clerk by the City Council to serve the remainder of the current unexpired term - Analysis: In order to assure the most effective operation of the City Clerk's Office, there is a need to appoint a City Clerk to carry on the respective duties of the elective office as identified in the Charter for the remainder of the current term, which expires on December 6, 2004. I believe the City Council has three procedures to choose from: Alternative 1: Conduct a short recruitment and interview process, and make a selection after interviewing several qualified candidates. This was the process used by the City Council to fill the (15) May 3, 2004 - Council/Agency Minutes - Page 15 e vacancy following the last resignation of a Council member, and the vacancy following the resignation of the previous City Treasurer. Alternative 2: Make a selection without any formal recruitment or interview process, as was the procedure used following the resignation of the previous City Clerk. Mayor Green reported the need to fill the unexpired term from May 4, to December 6, 2004. A motion was made by Coerper, second Sullivan for Alternative 2 and to appoint Assistant City Clerk Liz Ehring. The motion failed by the following roll call vote: AYES: Sullivan, Coerper, Green NOES: Hardy, Boardman, Cook, Houchen ABSENT: None A motion was made by Boardman, second Cook for Alternative 1 to conduct a short recruitment and interview process, and make a selection after interviewing several qualified candidates as amended with applications due on May 17, 2004 to the City Attorney's Office at 4:00 p.m. and determine when to conduct the interviews at the May 17, 2004 Council Meeting. The motion carried by the following roll call vote: AYES: Sullivan, Hardy, Green, Boardman, Cook, Houchen NOES: Coerper ABSENT: None (City Council) Mayor Congratulated Police Chief of Recipients of Medals of Valor (120.85) Mayor Green congratulated the Police Chief of the Officers who received Medals of Valor. 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, May 17, 2004, at 4:00 p.m., in Room B-8 Civic Center, 2000 Main Street Huntington Beach, California. City Clerk and ex-officio Clerk iff the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: dlm�i aw�av_ z2Z� City Clerk -Clerk Mayor-C an