HomeMy WebLinkAbout2004-08-02 (6)Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, August 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, Green, Boardman, Cook (Mayor Pro Tern Hardy, Councilmember Coerper
and Councilmember Houchen had requested permission to be absent from the
meeting pursuant to Resolution No. 2001-54.)
Absent: Hardy, Coerper, .Houchen
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced Late
Communications regarding agenda items that had been received by her office following
distribution of the agenda packet:
Communication submitted by Councilmember Pam Houchen dated August 2, 2004 titled Notice
of Absence.
Public Comments
Randy Fuhrman spoke regarding his concerns of the various notification issues pertaining to
the proposed zoning streamlining.
Dick Harlow, representing the Chamber of Commerce, spoke in.favor of the proposed zoning
Streamlining stating his opinion that it is critical to businesses to have the lengthy application_.
process reduced.
(City Council) Study Session Held - Discussed Proposed Zoning Text Amendment No. 03-02
(Entitlement Permit Streamlining Phase II) — Amendments to 15 Chapters of the Huntington
Beach Zoning and Subdivision Ordinance Zoning — Public Hearing to be Noticed and
Scheduled for September, 2004 (450.20)
Planning Director Howard Zelefsky gave a PowerPoint presentation titled Zoning Text Amendment
03-02 Entitlement Permit Streamlining Phase 11 outlining the history of the streamlining project,
which was included in the agenda packet.
(2) August 2, 2004 - Council/Agency Minutes - Page 2
Staff responded to Council's inquiries regarding the notification process, permits, the appeal
process and costs, the definition of non -conforming structures, the Downtown Specific Plan,
fencing, parking, outdoor storage and the sign code.
Councilmember Sullivan stated his opinion that some of the proposed changes should stay at their
current level of approval.
Director Zelefsky informed Council that he would provide the matrix for the Downtown Specific Plan
for review.
It was announced that the Public Hearing was to be noticed and scheduled for September 2004.
Motion to Recess to Closed Session — Approved
A motion was made by Boardman, second Sullivan to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives: Agency Negotiators: Penelope Culbreth-Graft, City
Administrator; William P. 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. Subject: Labor Relations— Meet & Confer. (120.80)
(City Council/Redevelopment Agency) 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 City of Huntington
Beach and Redevelopment Agency of the City of Huntington Beach v. California State
Board of Equalization; Los Angeles Superior Court Case No. BSO87636. Subject: City of
Huntington Beach and Redevelopment Agency of the City of Huntington Beach v.
California State Board of Equalization. (120.80)
(City Council) Closed Session Pursuant to Government Code. Section 54956.9(b)(3)(B).
.(Facts and .circumstances, including, but not limited to, an accident, disaster, incident, or
transactional occurrence that might result in litigation against the agency and that are known to
a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the
agenda or announced.) Subject: Potential Litigation. (120.80)
(3) August 2, 2004 - Council/Agency Minutes - Page 3
Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council Chambers.
City Council- Redevelopment Agency Roll Call
Present: Sullivan, Green, Boardman, Cook (Mayor Pro Tern Hardy, Councilmember Coerper
and Councilmember Houchen had requested permission to be absent from the
meeting pursuant to Resolution. No.. 2001-54.)
Absent: Coerper, Hardy, Houchen
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Green asked City Attorney Jennifer McGrath if there were any actions taken by the City
Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney
McGrath responded that there were no actions to report.
Pledge of Allegiance — Led by Mayor Cathy Green
Invocation — Led by Councilmember Dave Sullivan
The City Clerk Announced Late Communications
Pursuant. to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced Late
Communications regarding agenda items that had been received by her office following
distribution of the agenda packet:
Communication submitted by Bob and Jean Polkow dated July 29, 2004 titled RV Parking in
opposition.
Communication submitted by Bob and Jean Polkow dated July 30, 2004 titled Item C-2a City
Administrators report in opposition. (Communications dated June 16, 2003 and June 14, 2003
regarding this item are attached also in opposition.)
Communication submitted by Bob and Jean Polkow dated August 1, 2004 titled Agenda item C2a
City Administrators report in opposition.
Communication submitted by the Director of Economic Development dated August 2, 2004 titled
Late Communication.— Public Hearing Item D-1,
Communication submitted by the Director of Administrative Services dated August 2, 2004 titled
Close Out of the Point -of -Service City Medical Plan.
Communication submitted by the Public Works Department dated July 29, 2004 titled Late
Communication Item F-2 Accept Annual Sewer Service Charge Performance Audit and Approve
Introduction of Ordinance No. 3658 for Sewer Charge Modifications pertaining to the Public Works
Commission Action.
Communication submitted by Councilmember Pam Houchen dated August 2, 2004 titled Notice of
Absence.
(4) August 2, 2004 - Council/Agency Minutes - Page 4
Presentation — made by Mayor Cathy Green who called on Director of Public Information and
Government Relations Michael Hearst from the Orange County Vector Control District to provide an
update on West Nile Virus. (160.40)
Director Michael Hearst presented a PowerPoint slide show, which was followed by considerable
discussion with Council regarding the Bolsa Chica Wetlands. Mr. Hearst reported that the Wetlands
are currently showing. Virus activity. Discussion also addressed incubation period; prevention
measures such as the use of window screens; calling Vector Control if you feel a neighbor has a
situation that promotes mosquitoes, street gutter spraying, what to do if a dead bird is found and the
proposed assessment for Vector Control services.
Presentation — made by Mayor Cathy Green who called on Chamber of Commerce Chairman
of the Board Charlie Bunten. Mr. Bunten talked about the Chamber's 100th Anniversary and
showed a commemorative video that highlighted the history of the Chamber of Commerce.
Mayor Cathy Green presented Mr. Bunten with a proclamation. (160.40)
Public Comments
Mike Adams, representative of Stewart Title, spoke regarding the condo conversion ordinance and
what result the June 1 st date would have on similar units in a multi -unit complex.
Flossie Horgan thanked the City Council for its consistent support of preserving the Bolsa Chica
and spoke in support of Councilmember Boardman's item regarding the Brightwater Development
Project.
Norm Firecracker Westwell spoke in opposition to the proposed RV ordinance. He stated his
preference that the city enforces the laws currently in effect.
Andrea Hiser, Mary Jo Baretich, Barry Johnson, Marianne Johnson and John McGregor all
spoke in favor of fair market value regarding the upcoming mobile home conversion ordinance and
urged Council for their support.
Michael Hiser spoke about the "in place" value of his mobile home and reminded Council that
mobile home owners pay taxes and vote too.
Councilmember Connie Boardman announced that the mobile home conversion ordinance would
be discussed at the regularly scheduled August 16, 2004 City Council Meeting.
Craig Durfey spoke regarding the increase in Alzheimer's disease and distributed a
communication dated July 26, 2004 titled Parents for the Rights of Developmentally Disabled
Children (PRDDC).
Joey Racano spoke in favor of including mobile home parks in the city's classification of low-
income housing.
David Harris informed Council of his experience with the property tax refund process and
stated his displeasure with the outsource vendor.
City Administrator Penelope Culbreth-Graft asked staff to assist Mr. Harris.
(5) August 2, 2004 - Council/Agency Minutes - Page 5
Mirjana Dujanovir spoke in support of Project Self Sufficiency and how this program assists single
parents with children. Ms. Dujanovir thanked the City Council for supporting the program.
David Silva introduced himself as the Democratic candidate for the 67t' District and announced that
he is going to different cities to inquire about their problems and provide possible solutions.
Peter Albini spoke in support of the proposed cellular phone ordinance.
(City Council) Announcement Made by Mayor Cathy Green of the Appointment of Kristin
R. Stilton to the Planning Commission (110.20)
Communication from Councilmember Pam Houchen transmitting the following Statement of Issue:
I am pleased to announce that I have asked Kristin R. Stilton to serve as my Planning
Commissioner.
Kristin has been a resident of Huntington Beach since 1989. She is married to a Glendale Police
Officer and has a 20-month-old daughter.
She is a graduate of UC Davis with a bachelor's degree in landscape architecture, and she
currently serves as a member of the City's Design Review Board. I believe Kristin's skills and
experience will make her a real asset to the Planning Commission.
(City Council) PowerPoint Presentation Given by Police Chief Kenneth Small Regarding
Proposed Revisions to Chapter 10.44 of the Huntington Beach Municipal Code Relating
to the Recreational Vehicle Parking Ordinance - Community Meeting Scheduled for
September 21, 2004, 6:00 .p.m. in the Council Chambers (640.10)
Police Chief Kenneth Small gave a PowerPoint presentation titled Recreational Vehicle Parking
— Recommended Revisions to HBMC 10.44, which was included in the agenda packet. Chief
Small clarified for Council the RV permit process and the proposed changes pertaining to the
length of the RV.
Chief Small announced that there would be a Community Meeting on September 21, 2004 at
6:00 p.m. in the Council Chambers for all those interested in discussing this issue.
(City Council) Reviewed and Accepted Shari Freidenrich's, City Treasurer's June 2004
Report Titled City of Huntington Beach Summary of City Investment Portfolio, Bond
Proceeds, and Deferred Compensation Activity (310.20)
City Treasurer Shari Freidenrich gave a PowerPoint presentation detailing the Monthly
Investment Report for June 2004.
A motion was made by Sullivan, second Boardman to accept the Monthly Investment Report
Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for June
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, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(6) August 2, 2004 - Council/Agency Minutes - Page 6
(City Council) Public Hearing Held - Approved as Amended the 2004-2005 Action Plan for
the (CDBG) Community Development Block Grant/HOME Investment Partnership
Program/American Dream Downpayment Initiative (ADDI) as Proposed by Staff in Late
Communication, Authorized the City Administrator to Execute the Required Certifications
and Authorized Submittal of the Action Plan to the U. S. Department of Housing and
Urban Development (HUD) (340.70)
Mayor Cathy Green announced that this was the time for a public hearing to consider approval of
the 2004/2005 Action Plan in accordance with the City's Consolidated Plan (CP) as required by the
U.S. Department of Housing and Urban Development (HUD) for receipt of $1,684,000 in
Community Development Block Grant (CDBG) funds, and $865,401 in HOME Investment
Partnership (HOME) funds, and $91,436 in American Dream Downpayment Initiative (ADDI) funds.
The 2004/2005 Action Plan proposes the CDBG, HOME, and ADDI budgets from October 1, 2004
to September 30, 2005, a twelve-month period.
The City followed its Citizen Participation Plan. The Citizen Participation Advisory Board (CPAB)
held two public hearings on community needs and held subsequent monthly public meetings.
Citizens may review and comment on the draft 2004/2005 Action Plan in the Department of
Economic Development. The public comment period began July 15 and will end August 14, 2004.
Public comments received during this time will be attached to the Action Plan and sent to HUD.
CDBG REVENUE:
AMOUNT
CDBG 2004/2005 Entitlement Grant
$1,684,000
STAFF -PROPOSED CDBG ACTIVITIES:
Administration
. $297,032
Fair Housing Council
39,768
City Gym & Pool Sec. 108 Loan Payment
258,560
Code Enforcement Program
169,573
ADA Ramp Construction
182,112
Street Construction
227,355
Lake View Clubhouse
40,000
Oak View Comm Center Improvements
45,000
Oak View Library Improvements
12,000
Housing Rehabilitation Loan Program —Administration
160,000
Community Service Programs
27,000
Oak View Community Center/Children's Bureau
53,000
Oak View Library Literacy
35,000
Project Self -Sufficiency
75,731
Seniors' Outreach Program
61,869
TOTAL:
$1,684,000
CPAB-PROPOSED CDBG ACTIVITIES:
Administration
$297,032
Fair Housing Council
39,768
City Gym & Pool Sec. 108 Loan Payment
258,560
Code Enforcement Program
169,573
ADA Ramp Construction
182,112
Street Construction
227,355
Lake View Clubhouse
40,000
Oak View Community Center Improvements
45,000
(7)
August 2, 2004 - Council/Agency Minutes - Page 7
Oak View Library Improvements
12,000
Housing Rehabilitation Loan Program— Administration
160,000
Adult Day Services of Orange County
9,000
Community Care Health Centers
22,500
Community Service Programs
20,000
Oak View Community Center/Children's Bureau.
53,000
Oak View Library Literacy
30,000
Project Self -Sufficiency
60,000
Seniors' Outreach Program
58,100
TOTAL:
$1,684,000
HOME Investment Partnership
In an effort to expand and preserve its existing affordable housing stock, Huntington Beach has
worked with Community Housing Development Organizations (CHDOs) to acquire multifamily rental
properties. These buildings are rehabilitated and then are made available to persons below 60% of
Orange County median income for a minimum of 30 years. The CHDO must enter into an
agreement with the City that outlines all of the affordability requirements, property maintenance
standards, and long-term monitoring requirements that are required by HOME regulations.
The following activities are proposed for the 2004/2005 HOME program:
HOME REVENUE:
HOME 2004/2005'Entitlement Grant
HOME PROPOSED ACTIVITIES:
Administration
Acquisition
American Dream Downpayment Initiative (ADDI)
AMOUNT
$ 865,401
86,540
778,861
$865,401
ADDI is designed to assist eligible first-time homebuyers with downpayment and/or closing costs in
purchasing single-family homes. All funds are proposed for direct assistance.
ADDI REVENUE: AMOUNT
ADDI 2003/2004 Entitlement Grant $ 41,943
ADDI 2004/2005 Entitlement Grant 49,493
$ 91,436
The CP sets local policies and priorities for the development of a viable urban community by
providing decent housing and a suitable living environment and expanding economic opportunities
principally for low- and moderate -income persons. The city intends to extend and strengthen
partnerships among all levels of government and the private sector, including for -profit and non-
profit organizations in order to provide for: the production and operation of affordable housing; a
suitable living environment improving the safety and livability of neighborhoods; assistance to
homeless persons and persons at risk of becoming homeless to obtain appropriate housing, without
discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability;
and expand economic opportunities including job creation and retention.
(8)
August 2, 2004 - Council/Agency Minutes - Page 8
Economic Development Director David Biggs presented a PowerPoint report titled Approval of
200412005 Action Plan for CDBG and HOME Program, which was included in the agenda
packet. Director Biggs informed Council of a Late Communication titled CDBG Funding
Recommendations FY 2004105, which had been announced earlier in the meeting by City Clerk
Joan L. Flynn, showing revised possible recommendations using Wells Fargo Grant money.
Mayor Green declared the public hearing open:
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Prior to announcing the public speakers, City Clerk Joan L. Flynn restated for the record the
following Late Communication which pertains to this public hearing:
Communication submitted by the Director of Economic Development dated August 2, 2004 titled
Late Communication — Public Hearing Item D-1.
Elizabeth Poloway spoke in support of Project Self Sufficiency (PSS) informing Council of the
many ways this program assists single parents.
Mary Myers and Mercedes Knowles informed Council of how Susan Edwards, Human
Services Supervisor for PSS, has influenced their lives and assisted them in many ways to
become productive, citizens in the community.
Judy Loschin and Pat Seitz informed Council of the continued success of PSS for over 18
years and urged Council to approve the staff recommendation of funding. .
Art Aviles spoke regarding the need to provide health care to those who do not have health
insurance. He urged Council to support the Community Care Health Centers.
Maria Alvarado and Amy Crepeau spoke in support of the Oak View Library Literacy program.
Rosa Rebollar, Margoh Carlson and Oscar Sanchez spoke in support of the Oakview
Community Services Program (CSP) and how this program influences the residents of the Oak
View Community. The speakers asserted that the children in this community are influenced
daily by gang activity and drugs and that CSP provides a safe, family environment and an
alternative lifestyle for them. All three speakers urged Council to support the staff
recommendation for funding.
Norm "Firecracker" Westwell thanked staff and the CPAB Board for their hard work. Mr.
Westwell recommended that Council adopt the.CPAB recommendations.
Cordula Dick Muehlke spoke in support of the Adult Day Services program and how important
funding to this program is.
Miles Masatsugy stated in his opinion that reduced funding to the Community Care Health
Centers would result in patients being turned away and more crowded emergency rooms. He
thanked the City Council for its past support and asserted that the strength of a community
begins with health.
(9)
August 2, 2004 - Council/Agency Minutes - Page 9
Gerald Lipson, Pat Pilette and Jim Moreno, Members of the CPAB Board, spoke and asked
Council to approve their recommendations also thanking Council for this opportunity. Mr.
Moreno asked Council to continue pursuing funding at the state level.
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.
Councilmember Cook informed Council and staff about grant money the city will receive from
Wells Fargo. Ms. Cook asked the City Administrator to offer recommendations for covering the
$19,000 shortfall in the budget.
Councilmember Boardman stated that she concurs with Councilmember Cook's request and
read the revised recommendations, including Wells Fargo grant funds, as listed on the Late
Communication that had been submitted by the Director of Economic Development as follows:
Adult Day Services $ 9,000
Community Services Program $27,000
Community Care Health Centers $22,500
Oak View Community Center $53,000
Oak View Library Literacy $35,000
Project Self Sufficiency $56,731
Seniors Outreach $61,869
A motion was made by Cook, second Boardman to direct staff to find funds in the budget in
order to accommodate the $19,000 shortfall to Project Self Sufficiency.
Mayor. Green stated her support for the health clinic, amending the motion to also find funds in
the budget to increase funding for the program by $2,500 _ increasing the shortfall to $21,500.
Councilmember Sullivan stated his support for Adult Day Services and requested the motion be
amended to fund the program with $10,000 — increasing the shortfall by $1,000 to $22,500.
Councilmember Cook agreed to both of these amendments to her motion.
City Clerk Joan L. Flynn asked for clarification that the motion includes: 1. Approval of the
Action Plan for the CDBG Program in the amount of $1,684,000 and the HOME Program in the
amount of $865,401 and the American Dream Downpayment Initiative Program in the amount of
$41,943 (FY2003/04) and $49,493 (FY2004/05); and authorizing the City Administrator to
execute the required certifications and 2. Authorizing submission of the Action Plan to the U.S.
Department of Housing and Urban Development. Councilmember Cook confirmed that this was
part of her motion. The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(City Council) Administrative Public Hearing Held - Adopted Resolution No. 2004-58
Approving Certification of Special Assessments for Delinquent Civil Fines for Municipal
Code Violations (570.60)
Mayor Cathy Green announced that this was the time noticed for an administrative public
hearing as required by the California Government Code Section 38377.5 for the purpose of
certifying special assessments against properties where public nuisances have occurred.
(10) August 2, 2004 - Council/Agency Minutes - Page 10
The City Council considered a communication from the City Treasurer and the City Attomey.
Request for Council certification of recording Notices of Special Assessments against private
property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance
No. 3397 adopted by City Council on June 15, 1998.
This administrative hearing is required by Huntington Beach Municipal Code Section 1.18. Only
property owners are entitled to speak at this administrative hearing All other interested parties
may speak during the regular Public Comments section of the agenda at the beginning of the
meeting. Written communications to the City Council may also be mailed to the City Clerk.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Mayor Cathy Green declared the administrative public hearing open.
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 Sullivan to adopt Resolution No. 2004-58 entitled "A
Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments
for Collecting Delinquent Civil Fines for Municipal Code Violations." The motion carried by the
following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES:. None.
ABSENT:. Coerper, Hardy, Houchen
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council/Redevelopment Agency) Minutes
(City Council) Mayor Cathy Green as the Voting Delegate to the Orange County Council of
Government's (OCCOG) General Assembly Meeting on August 26, 2004
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, Green,. Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(City Council) Adopted Resolution No. 2004-59 - Accepted a Federal Grant Award for
Development of a Hazard Mitigation Plan (340.70) — Adopted Resolution No. 2004-59 — "A
Resolution of the City Council of the City of Huntington Beach Accepting a Federal Grant Award
to Develop a Hazard Mitigation Plan." Submitted by the Fire Chief. Funding Source: The
FEMA (Federal Emergency Management Agency) grant award is for $135,000 and the 25%
matching requirement will be satisfied by in -kind work which is contained in the existing
Emergency Operations Center budget. No additional appropriations are required.
(11) August 2, 2004 - Council/Agency Minutes - Page 11
(City Council) Approved Professional Services Contract between the City and RBF
Consulting and Two Reimbursement — Planning Agreements between the City and
Poseidon Resources Corporation for the Preparation of Recirculated Environmental
Impact Report No. 00-02 for the Poseidon Desalination Project — Authorized
Appropriation of Funds (600.10) — 1. Approved and authorized the Mayor and City Clerk to
execute the Professional Services Contract between the City of Huntington Beach and RBF..
Consulting for Preparation of a Recirculated Environmental Impact Report for the Poseidon
Desalination Project— EIR No. 00-02 in the amount of $136,865; and 2. Approved and
authorized the Mayor and City Clerk to execute the Reimbursement — Planning — Agreement
between the City of Huntington Beach and Poseidon Resources Corporation for Costs Incurred
for Preparation of a Recirculated Environmental Impact Report for the Poseidon Desalination
Project and for entitlement processing; and 3. Authorized the Director of Administrative
Services to appropriate $136,865 from the City's General Fund Balance to the Planning
Department's Contractual Services Account Number 10060201.69365; and 4. Authorized
the Director of Planning to expend $136,865 for environmental consulting services related to
Environmental Impact Report No. 00-02, pursuant to the contract with RBF Consulting.
Submitted by the Planning Director. Funding Source: Appropriation of funds in the amount of
$136,865 from the.City's General Fund Unappropriated Balances into the Planning
Department's Contractual Services Account. Poseidon Resources Corporation will then
reimburse the City $136,865 pursuant to the attached Reimbursement Agreement.
(City Council) Adopted Resolution No. 2004-60 Confirming Reports of Cost for 2004
Weed Abatement'on Private Property within the City (520.80) — Adopted Resolution
No. 2004-60— "A Resolution of the City Council of the City of Huntington Beach Confirming
Reports of Cost for Weed Abatement on Private Property within. the City — 2004 Season,," and
direct that all charges listed thereon be certified to the Orange County 2004-2005 Tax Roll..
Submitted by the Public Works Director. Funding Source: A special assessment totaling
$28,848.83 will be charged to the Orange County property tax roll and reimbursed to the City by
the County of Orange as part of the ordinary collection process.
(City Council) Adopted Resolution No. 2004-61 for Capital Improvement Programs (CIP)
for the Years 2004/2005 through 2010/2011 for Compliance with Measure M and
Proposition 111 Requirements (320.40) — Adopted Resolution No. 2004-61 — "A Resolution
of the City Council of the City of Huntington Beach Adopting Capital Improvement Programs for
the Years 200412005 through 201012011 for Compliance with Measure M and Proposition 111
Requirements." Submitted by the Public Works Director. Funding Source: No funding is
required for the resolution. Annual Measure M turnback allocation is approximately $2.2 million.
(City Council) Adopted Resolution No. 2004-62 Concerning Status of the Circulation
Element for City of Huntington Beach for Conformance with the. Master Plan of Arterial .
Highways — Combined Transportation Funding Programs (CTFP) — Orange County
Transportation Authority (OCTA) (440.50) - Adopted Resolution No. 2004-62 - "A
Resolution of the City Council of the City of Huntington Beach Concerning the Status of the
Circulation Element for the City of Huntington Beach." Submitted by the Public Works Director.
Funding Source: No funding is required. CTFP funds of approximately $5 million have been
authorized over the next three years.
(12) August 2, 2004 - Council/Agency Minutes - Page 12
(City Council) Approved Re -appointments of Jan P. Garner and David S. Barton to the
Personnel Commission with a Term Effective July 1, 2004 to June 30, 2008
(110.20) — Approved the re -appointments of Jan P. Garner and David S. Barton to the
Personnel Commission with a term effective July 1, 2004 through June 30, 2008. Submitted by
Mayor Pro Tern Jill Hardy and Councilmembers Dave Sullivan and Gil Coerper. Funding
Source: Not applicable.
(City Council) Accepted Bid and Awarded Construction Contract to Signal Maintenance,
Inc. for the Slater Avenue Pedestrian Signal; CC-1253 (e/o Geraldine Lane on Slater
Avenue Adjacent to Lakeview Elementary School) (600.55) —1. Accepted the lowest
responsive and responsible bid submitted by Signal Maintenance, Inc., in the amount of
$34,700.50 for the construction of a pedestrian signal on Slater Avenue; CC-1253; 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: Funds in the amount of $70,000 are available in the Traffic Impact Fee Fund, Traffic
Signals for the construction and administration of the Slater Avenue Pedestrian Signal, CC-
1253.
(City Council) Approved MOU (Memorandum of Understanding) Between the City of
Huntington Beach and County of Orange for Inclusion in the Orange County Sheriffs Sex
Offender Web Site Pin Map Program (600.25)— Approved the Memorandum of
Understanding Between the City of Huntington Beach and the County of Orange Pertaining to
Sex Offender Pin Map to provide necessary "serious" and "high risk" sex offender information to
the County of Orange for inclusion on the Orange County Sheriff's web site pin map. Submitted
by the Chief of Police. Funding Source: Not applicable.
(City Council) Authorized Appropriation and Approved Instructional Recreational Classes
Program Budget Amendment (320.45) — Authorized the appropriation of $280,000 from the
General Fund Unappropriated Fund Balance into Instructional Classes -Other Contract Services
Account to pay recreation class instructors. Submitted by the Community Services Director.
Funding Source: An appropriation of $280,000 from the General Fund Unappropriated Fund
Balance into Instructional Classes -Other Contract Services Account expenditures will be offset
by $400,000 in revenue generated by instructional classes.
(City Council/Redevelopment Agency) Minutes — Approved and Adopted as Amended
(120.65)
Mayor Green requested this item be removed from the consent calendar in order to amend the
record of a Public Comment made by Mr. Bill Borden during the Study Session.
A motion was made by Green, second Sullivan to approve and adopt the minutes of the City
Council/Redevelopment Agency Regular Meetings of June 7, 2004 as amended as written and
on file in the Office of the City Clerk. The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(13) August 2, 2004 - Council/Agency Minutes - Page 13
(City Council) Appointed Councilmember Debbie Cook as the Voting Delegate to the
Orange County Council of Government's (OCCOG) General Assembly Meeting on August
26, 2004 (120.20)
Councilmember Boardman requested this item be removed from the consent calendar in order
to clarify the appointment process. She informed Council that Councilmember Cook regularly
attends the OCCOG meetings.
A motion was made by Boardman, second Cook to appoint Councilmember Debbie Cook as the
voting delegate to the Orange County Council of Government's General Assembly Meeting on
August 26,2004. The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(City Council) Approved Appropriation of Funds for Close Out of the Point -of -Service
(POS) City Medical Plan for All Seven Full-time City Employee Associations Effective July
1,.2004 and Unfroze Funded Positions to Place Employees Impacted by Layoff Due to the
Close Out (700.10)
Administrative Services Director Clay Martin gave a PowerPoint report titled Close Out of the
Point -of -Service City Medical Plan, which was a Late Communication announced earlier by the
City Clerk. He reported that one employee has already been transitioned into a previously
vacant position..
A motion was made by Sullivan, second Cook to:
1. Approve appropriation of $775,700 from the General Fund unreserved fund balance for
the purpose of closing out the Point -of -Service Medical Plan;
and
2. Authorize the implementation of the layoff process with employees affected by the close
out of the Point -of -Service Medical Plan;
and
3. Authorize the use of funded frozen positions for the placement of employees during the
layoff process, August 3, 2004 through October 29, 2004.
The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(14) August 2, 2004 - Council/Agency Minutes - Page 14
(City Council) Accepted Annual Sewer Service Charge Performance Audit and Approved
Introduction of Ordinance No. 3658 for Sewer Charge Modifications Amending HBMC
Chapter 14.55 (300.10)
Public Works Director Robert F. Beardsley gave a PowerPoint report titled Sewer Service Fund
Annual Performance Audit - City of Huntington Beach Public Works Department July 2004, which
was included in the agenda packet.
After the City Clerk read by title, a motion was made by Boardman, second Cook to:
1. Accept the Sewer Service Charge Performance Audit as presented;
and
2. Approve Introduction of Ordinance No. 3658 - "An Ordinance of the City of Huntington
Beach Amending Chapter 14.55 of the Huntington Beach Municipal Code Relating to
Annual CPIU Adjustment for Sewer Service" amending Chapter 14.55 of the Huntington
Beach Municipal Code Relating to Rates, Charges, Annual CPIU (Consumer Price Index
for all Urban Consumers) Adjustments and Billing Methodology for the Sewer Service
Charge.
The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(City Council) Adopted Resolution No. 2004-63 Approving Signature Authority for the
Public Works Director to Execute the Proposition 13 Nonpoint Source Pollution Control
Grant Agreement between the City and the State of California for the Natural Treatment
System - East Garden Grove Wintersburg Channel Urban Runoff Diversion into Talbert
Lake Project (600.20)
City Engineer David Webb presented a PowerPoint report titled Talbert Lake Diversion Project —
From the East Garden Grove Wintersburg Channel, which was included in the agenda packet.
Council inquiries ensued relating to whether the water would be returned to the Channel after it
is cleaned and the effect on the Shipley Nature Center. Mr. Webb responded to both inquiries.
A motion was. made by Boardman, second Cook to Adopt Resolution No. 2004-63 —"A
Resolution of the City Council of the City of Huntington Beach Approving the Proposition 13
Nonpoint Source Pollution Control Grant Agreement with the State of California for the Natural
Treatment System — East Garden Grove Wintersburg Channel Urban Runoff Diversion into
Talbert Lake Project." The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(15) August 2, 2004 - Council/Agency Minutes - Page 15
(City Council) Adopted Ordinance No. 3657 (Amended and Approved for Re -Introduction
at the 7/19/04 Council Meeting) Amending Chapter 235 of the Huntington Beach Zoning
and Subdivision Code Relating to Condominium Conversions (450.20)
After the City Clerk read by title, a motion was made by Sullivan, second Cook to adopt
Ordinance No. 3657 —An Ordinance of the City of Huntington Beach Amending Chapter 235
of the Huntington Beach.Zoning and Subdivision Ordinance Relating to Residential.
Condominium Conversions." (Amended and approved for re -introduction at the 7/6/04 Council
Meeting.) The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(City Council) Approved for Introduction as Amended Ordinance No. 3659 Amending
Chapter 13.52 of the Huntington Beach Municipal Code Relating to Public Buildings and
Cellular Phone Use (640.10)
Library Services Director Ron Hayden gave an oral report describing the noise complaints he
has received at the library.
Discussion ensued amongst Council and staff regarding alternatives to citations, who is
authorized to issue administrative citations, and the source of the noise that is causing
complaints.
After the City Clerk read. by title, a motion was made by Sullivan, second Boardman to:
approve for Introduction Ordinance No. 3659 — "An Ordinance of the City of Huntington Beach
Amending Chapter 13.52 of the Municipal Code Relating to Public Buildings and Cellular Phone
Use."as amended to: modify G2a.7 Section H to reflect the following: Communicating on a
cellular phone or have a cellular phone in a mode other than vibrate or silent or its equivalent,
that is capable of emitting a noise within any public library outside of a designated cellular
phone area. Public employees working in their official capacity are exempt from this ordinance;
and violation of this ordinance subsection is subject to the issuance of an administrative citation
under the provisions of Chapter 1.18 of this code, and to return the ordinance to Council with
delegation of authority for the Library Director to issue administrative citations. The motion
carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(City Council) Approved for Introduction Ordinance No. 3660 Amending Chapters 10.04,
10.60, and 10.68 of the Huntington Beach Municipal Code Relating to Parking (640.10)
The City Council considered a communication from the Community Services Director
transmitting the following Statement of Issue: There is a need to amend the Huntington Beach
Municipal Code to add a pay and display machine to parking meter definition, to add Huntington
Central Park Sports Complex parking lot to the recreational zone, and to provide a parking fee
therein.
(16) August 2, 2004 - Council/Agency Minutes - Page 16
After the City Clerk read by title, a motion was made by Cook, second Boardman to:
approve for Introduction Ordinance No. 3660 — "An Ordinance of the City of Huntington Beach
Amending Chapters 10.04, 10.60, and 10.68 of the Huntington Beach Municipal Code Relating
to Parking." The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman; Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(City Council) Approved a Request to California Coastal Commission to Take Action
Consistent with the Coastal Act Regarding Brightwater Development Project Located
Upper Bench of Bolsa Chica Mesa (120.70)
The City Council considered a communication from Councilmember Connie Boardman
transmitting the following Statement of Issue: The California Coastal Commission will decide
whether or not to approve the Brightwater development project on.a portion of the Bolsa Chica
Mesa at its meeting on August 12. On the same day the Wildlife Conservation Board will decide
whether or not to fund the purchase of 103 acres of the lower bench of the Bolsa Chica Mesa.
The City Council is on record supporting the use of Proposition 50 funds for the acquisition of
the Bolsa Chica Mesa, and I would suggest we also take a position on the Brightwater
development before the Coastal Commission.
A motion was made by Boardman, second Cook to approve the following language to express the
city's position on acquisition of the lower bench and any project on the upper bench: The city of
Huntington Beach is in full support of the pending acquisition of the lower bench of the Bolsa Chica
Mesa by the Wildlife Conservation Board. In November of 2002, Proposition 50 was passed by the
people of the state that made acquisition of land on the Bolsa Chica Mesa a priority. The city also
requests that any action taken by the California Coastal Commission related to the Brightwater
Development Project on the upper bench be consistent with the Coastal Act.
The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook
NOES: None
ABSENT: Coerper, Hardy, Houchen
(City Council) Councilmember Sullivan Attended Senior Center Volunteers Luncheon (120.85)
Councilmember Dave Sullivan announced that he had attended the Senior Center Volunteers
luncheon and that over 45,000 hours have been donated by volunteers.
(17) August 2, 2004 - Council/Agency Minutes - Page 17
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, August 9, 2004, at 5:00 p.m., on the Lower Level, Council
Chambers, Civic Center, 2000 Main Street Huntington Beach, California.
City Cler nd ex-officio Clerk o e City
Council ton the City of Huntingeach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California