HomeMy WebLinkAbout2004-12-20Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, December 20, 2004
4:00 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A videotape of the 6:00 p.m. portion of this meeting
is on file in the Office of the City Clerk.
Call to Order
Mayor Hardy called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 4:00 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Hansen, Coerper, Sullivan, Hardy, Bohr, Cook
Absent: Green
Public Comments
John Von Holle, President of the Municipal Employees Association (MEA), encouraged Council
to support the Municipal Employees Association proposal that has been submitted for
discussion during closed session.
Russell Reinhart, President of the Huntington Beach Police Officers Association (HBPOA),
encouraged Council to support the HBPOA proposal that has been submitted for discussion
during closed session.
The City Cleric Announced A Late Communication
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced a Late
Communication regarding an agenda item that had been received by her office following
distribution of the agenda packet:
Communication submitted by the City Treasurer updating pages 5 and 6 of PowerPoint titled
Joint Study Session IABICity Council that was included in the agenda packet.
(City Council/Redevelopment Agency) Study Session No. 1 — Presentation Made by the
Fire Department Regarding Ambulance Showcase (510.10)
Fire Chief Duane Olson displayed three ambulances and informed Council of the differences
between the van, van -modular and truck modular. Chief Olson stated that the truck modular
provides superior patient care, better maintenance factor, smoother ride, and has a longer
lifespan.
(2) December 20, 2004 - Council/Agency Minutes - Page 2
(City Council) Study Session No. 2 - Joint Study Session Held between the City Council
and the Investment Advisory Board (IAB) — Annual Report on Investments to the City
Council (October 1, 2003 to September 30, 2004) (110.10)
Investment Advisory Board Roll Call
Present: Bob Glass, Chair; Joe Foye; Edward Kerins; Diann Shelton; James Steinkirchner
(Foye arrived at 4:28 p.m., Glass arrived at 4.35 p.m.)
Absent: Paul Arms, Ed Bush
Members of the Investment Advisory Board (IAB) introduced themselves and expressed to
Council how fortunate our City is to have such a wonderful City Treasurer.
City Treasurer Shari Freidenrich thanked the entire membership of the IAB for their support and
hard work regarding this very important function_
City Treasurer Shari Freidenrich, Chair Bob Glass, and Morgan Stanley Dean Witter Broker Bonnie
Schumacher presented a PowerPoint slide show, titled Joint Study Session IABJCity Council,
which was included in the agenda packet. Ms_ Freidenrich informed Council that the
PowerPoint was revised per a Late Communication that was announced earlier by the City
Clerk.
Motion to Recess to Closed Session — Approved
A motion was made by Sullivan, second by Coerper to recess to Closed Session on the following
item. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designates! representatives: Agency Negotiators: Penelope Culbreth-Graft, City
Administrator; Clay Martin, Director of Administrative Services; and Irma Youssefieh, Human
Resources Manager 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)
Reconvened City Council/Redevelopment Agency Meeting — 6:19 P.M. — Council Chambers.
Pledge of Allegiance -- Led by Mayor Jill Hardy
Invocation — Mayor Jill Hardy requested a moment of silence
Presentation made by Judge Rick King of the Orange County Superior Court regarding the
Orange County Grand Jury and announcement of the need for members. Judge King explained
the role of a Grand Juror and urged interested persons to call (714) 834-6747. (160.40)
(3) December 20, 2004 - Council/Agency Minutes - Page 3
Presentation made by Mayor ,fill Hardy, joined by Police Chief Ken Small, who presented the
Mayors Award to Detective Cathy Meza, an outstanding individual in the Police Department.
(160.40)
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Jill Hardy 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/Redevelopment Agency Roll Call
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
Absent: None
(City Council) Item Deferred to the January 3, 2005 Council Meeting to Have Staff Revise
the Proposed Ordinance to More Accurately Reflect Council's Direction - Zoning Text
Amendment No. 03-01 with Findings for Approval - Ordinance No. 3692 Amending
Chapters 203 and 230 of the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO) Relating to Definitions, and Fencing and Yards - Continued from Public Hearing
at the November 15, 2004 Meeting (450.20)
A motion was made by Hardy, second Cook to defer Item G-2c regarding Zoning Text
Amendment No. 03-01 (through lots) and proposed Ordinance No. 3692 to the January 3, 2005
Council Meeting and to have staff revise the proposed ordinance to more accurately reflect
Council's direction_ The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Hardy, Cook
NOES: Green
ABSENT: None
ABSTAIN: Sullivan, Bohr
Mayor Pro Tem Dave Sullivan dedicated this Council Meeting in Memory of Former Chamber of
Commerce member Lynn Fillman, and Councilmember Cathy Green's mother, both of whom
have recently passed away.
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 the City Treasurer updating pages 5 and 6 of PowerPoint titled
Joint Study Session !AB/City Council that was included in the agenda packet.
Communication submitted by Thomas Kiesewetter dated December 16, 2004 titled Zoning Text
Amendment requesting Council follow the Planning Department's original findings that the ZTA
is inconsistent with the Master Plan.
(4) December 20, 2004 - Council/Agency Minutes - Page 4
Communication submitted by Harsha & Jay Sheth dated December 17, 2004 in opposition to
the proposed through lot amendment_
Communication submitted by David Lake dated December 17, 2004 stating his concern over
citizen actions that have taken place and urging Council to find a solution that is fair regarding
the slopelwall issue.
The Following Additional Late Communications Were Submitted During the Meeting:
Communications submitted by Shirley Doo dated December 20, 2004 includes the hardcopy of
the PowerPoint presented during Public Comments, a transcript of the Declaration of
Restrictions for Huntington Harbour, Book 6410, Page 208, Unit No. 4 dated January 28, 1963,
a copy of the Declaration of Restrictions for Huntington Harbour Unit No. 4, Tract No. 4880
dated January 28, 1963, pictures depicting various fence and landscape design in her general
residence area, and copies of various correspondence related to approval of her design plan for
her property.
Public Comments
Gerald Chapman of the Bolsa Chica Land Trust presented to Council and staff the 2005 Wings
Over Bolsa Calendar. He announced the telephone number to get information regarding purchasing
a Calendar is (714) 846-1001 _
Steve Stafford spoke about his continuing concerns related to health and safety regarding his
residence.
Clint Orr, spoke in favor of building a new Surf Museum at 2nd Street and Pacific Coast Highway
with the hopes of ground breaking on January 1, 2008. He also mentioned several fund raising
events where the proceeds will go towards this proposed Museum, including CD sates and a movie
that is to be released in the spring of 2005. Mr. Orr announced that further information is available
at www.hb04.com.
Doug Traub, President of the Huntington Beach Conference and Visitors Bureau and Co -Chair of
the Orange County Tourism Bureau, spoke in support of adopting the proposed Resolution that
supports the City of Anaheim in their efforts to keep the name "Anaheim Angels."
Norm "Firecracker" Westwell spoke in favor of the City Council Meeting beginning at 6:00 PM.
He also spoke in opposition of the agenda item regarding political signs stating his opinion that
political signs could be the only method of reaching the community and reducing days signs can be
posted would have a direct impact on candidates who have limited funds.
Jean Nagy, a Gilbert Island resident spoke in opposition to proposed Ordinance No. 3692_ She
appealed to Council to permit her to utilize her property as she and her husband see fit_ Ms_ Nagy
displayed pictures depicting her lot and other lots that have decks and fences.
Dora Kaikainahaole, a Gilbert Island resident spoke in opposition to proposed Ordinance No.
3692, requesting Council to consider her property rights, and her ability to build as others in her
neighborhood have.
(5) December 20, 2004 - Council/Agency Minutes - Page 5
Stephen Sawyer, a Gilbert Island resident spoke to the proposed Ordinance No. 3692. He
commented that he has read through various documents regarding this issue, and urges council to
refer to, and consider, the existing ordinance pertaining to through lots. Mr. Sawyer also
questioned if all property owners with through lots have been advised of the proposed ordinance
changes.
Randy Fuhrman requested that Council Meeting Minutes dated November 15, 2004 (noting page
10) be corrected to reflect more accurately the motion made regarding proposed Ordinance No.
3692. Mr. Furhman also asked that Council look to the minutes dated October 7, 2002 where the
BLT brought forward this subject (items addressed in Ordinance No. 3692).
Jackie Satterthwaite, 39-year Gilbert Island resident spoke in opposition of proposed Ordinance
No. 3692. She stated that Her three major issues are erosion control, privacy, and "majority rules_"
She also spoke regarding the Planning Commission's previous recommendations regarding the
issue, and suggested that Councilmember Cook recuse herself due to what Ms. Satterthwaite
viewed as a conflict of interest.
Councilmember Cook referred to the City Attorneys determination that no apparent conflict of
interest exists, and as such it is her duty to vote on the subject.
Art Hasegawa, spoke in opposition to the proposed through lot ordinance, stating that by not
allowing residents to "build out," the Council is denying the right that property owners have to get
the best value for their property.
Thomas Kiesewetter, a Gilbert Island resident spoke in opposition to proposed Ordinance No.
3692, stating that he is glad it was removed from tonight's agenda. Mr. Kiesewetter stated that in
his opinion the current proposed ordinance is rushed, and not in good form. He also referenced the
conformance with the Master Plan, and research done by the Planning Commission_
Shirley Doo, a Huntington Harbor resident spoke in opposition to proposed Ordinance No. 3692.
She informed Council of what she has gone through to improve her property and provided a
PowerPoint presentation. Ms. Doo also distributed current and proposed home improvement plans
(elevations and wall detail schedules), Covenants, Conditions, and Restrictions (CC& R's)
incorporated with her property title documentation, Huntington Harbour Property Owners
Association (HHPOA) current CC&R's, along with correspondence from community residents in
favor of her planned improvements.
Jeff Thomas, Attorney for Shirley Doo, requested that the proposed through lots Ordinance No.
3692 be withdrawn, as the current ordinance is sufficient.
Hella Tarnawski, stated that she wanted to yield her time to Shirley Doo.
Mayor Hardy informed the speaker that yielding time is not permissible. Ms. Tarnawski declined to
speak further.
Bob Frishman, spoke in opposition of proposed Ordinance No_ 3692. He referenced Planning
Commission and staff recommendations, and urged Council to consider such recommendations.
(6) December 20, 2004 - CounciVAgency Minutes - Page 6
Josh Rorem, a through lot property owner spoke in opposition of proposed Ordinance No. 3692.
Mr. Rorem suggested that rather than attempting to ban walls, Council bans the ugliness of the
walls by utilizing shrubs_
Adrienne Parks, spoke in opposition of proposed Ordinance No. 3692, stating her opinion that
there are very few residents that agree with the proposed through lot ordinance.
Jack Crosthwait, a Gilbert Island resident spoke in opposition of proposed Ordinance No. 3692,
and referred to a previously distributed petition that recommends Council accept Zoning Text
Amendment 03-01 as originally proposed by the Planning Commission.
Mike Palikan, a Gilbert Island resident appealed to Council to reject proposed Ordinance No. 3692.
He stated he opposes the HHPOA's tactics and their hand in attempting to pass the proposed
Ordinance. Mr. Palikan urged Council to continue the item until they have had sufficient time to
review both sides.
Norma Gibbs, spoke in opposition to proposed Ordinance No. 3692, as she doesn't want to see
any new legislation infringing on her property rights. Ms. Gibbs stated Council should consider the
Planning Commission's previous recommendations.
(City Council) Approved as Amended City Council Liaison Appointments for Citizen Boards,
Commissions, Committees, and Task Forces for the Year 2005 (110.20)
The City Council considered a communication from Mayor Jill Hardy transmitting the list of
recommendations of Council Liaison Assignments to Citizen Boards, Commissions,
Committees, and Task Forces for 2005 titled City of Huntington Beach 2005 City Council
Liaison Assignments_ Included in the list are those external regional bodies that are appointed
by the City.
There was Council discussion, after which Mayor Hardy restated the following appointments as
amended reflecting changes made due to scheduling conflicts or other reasons:
Page 1, Item 6, Design Review Board — Cook, and Bohr;
Page 1, Item 11, Human Relation Task Force -- Coerper, and Cook;
Page 3, Item 3, Citywide Water Quality Management Plan — Green, Sullivan, and Cook;
Page 3, Item 7, Intergovernmental Relations - Hardy, Coerper, and Bohr;
Page 4, Item 2, Huntington Beach Conference and Visitors Bureau - Hardy, (Sullivan Alternate);
Page 4, Item 13, Southern California Association of Governments (SCAG) District 64 Delegate - Cook
A motion was made by Coerper, second Cook to approve the listing of City Council Liaison
assignments as amended above as designated in the list titled City of Huntington Beach 2005
City Council Liaison Assignments submitted with the agenda packet. The motion carried by the
following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES. None
ABSENT: None
(7) December 20, 2004 - Council/Agency Minutes - Page 7
(City Council/Redevelopment Agency) — Adopted Council Resolution No. 2004-96 and
Agency Resolution No. 354 — Approved and Adopted the Fiscal Year 200412005 Statement of
Investment Policy — City Treasurer (310.20)
City Treasurer Shari Freidenrich presented a PowerPoint presentation and communication
informing Council/Agency that the Treasurer of the local agency shall render an Annual Statement
of Investment Policy to the legislative body for acceptance. The City Treasurer, with the assistance
of the Investment Advisory Board, has prepared an updated investment policy, which was included
in the agenda packet.
Councilmember Hansen asked City Treasurer Freidenrich about the security of Local Agency
Investment Funds (LAIF), to which she replied regarding state regulations and staff monitoring of
funds.
A motion made by Coerper, second Sullivan to:
Approve and adopt Resolution No. 2004-96 of the City Council of the City of Huntington Beach,
approving the 2004\2005 Investment Policy. — "A Resolution of the City Council of the City of
Huntington Beach Approving the Statement of Investment Policy for 2004/2005."
and
.Approve and adopt Resolution No. 354 of the Redevelopment Agency of the City of Huntington
Beach, approving the 2004/2005 Investment Policy. — "A Resolution of the Redevelopment Agency
of the City of Huntington Beach Approving the Statement of Investment Policy for 2004/2005. A
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's October 2004
Investment Summary 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 October 2004.
City Treasurer Freidenrich gave a PowerPoint presentation titled Summary of Investment
Portfolio, Bond Proceeds, and Deferred Compensation Activity for October 2004, which was
included in the agenda packet.
A motion was made by Sullivan, second Coerper to review and accept the Monthly Investment
Report Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
October 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: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
December 20, 2004 - Council/Agency Minutes - Page 8
Recessed City Council/Redevelopment Agency Regular Meetings
Called Annual Meeting of Huntington Beach Public Financing Authority to Order (125.35)
Roll Call of the Huntington Beach Public Financing Authority Members
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
Absent: None
Election of Officers
A motion was made by Coerper, second Hansen to Elect Jill Hardy Chair of the Huntington
Beach Financing Authority. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
A motion was made by Coerper, second Green to Elect Dave Sullivan Vice -Chair of the
Huntington Beach Financing Authority and Joan Flynn Secretary of the Huntington Beach
Financing Authority. The motion carded by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
Public Financing Authority Minutes - Approved
A motion was made by Hardy, second Sullivan to approve and adopt minutes of the December
15, 2003 Annual Meeting of the City Council/Redevelopment Agency/Public Financing Authority
Meetings of the Huntington Beach Public Financing Authority as written and on file in the Office
of the Secretary. Submitted by the Secretary. The motion carried by the following roll call vote:
AYES: Coerper, Sullivan, Hardy, Green, Cook
NOES: None
ABSENT: None
ABSTAIN: Hansen, Bohr
Adjournment
Chair Hardy adjourned the annual meeting of the Huntington Beach Public Financing Authority.
Reconvened City Council/Redevelopment Agency Regular Meetings
Mayor Hardy reconvened the City Council/Redevelopment Agency Regular Meetings.
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council/Redevelopment Agency) Minutes
(9) December 20, 2004 - Council/Agency Minutes - Page 9
(City Council) Amendment No. 1 to Professional Services Contract between the City and
Engineering Resources of Southern California, Inc. for Plan Check and Development
Processing Staff for the Public Works Department
(City Council) Addition of a Contract Event Coordinator for the Fourth of July Celebration and
Authorize Additional Budget Allocation
Consent Calendar — Items Approved
On motion by Sullivan, second Coerper Council approved the following Consent Calendar items as
recommended. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved the Maddy Local Appointive List Act (Terms on City Boards,
Committees, and Commissions Which Expire in 2005) Informing the Public of Openings and
Vacancies Based on Expirations of Current Members' Terms (110.50) — Approved the Maddy
Local Appointive List showing term vacancies, which will occur on city boards and commissions in
the year 2005 and directed the City Clerk to post the list at the official posting locations (Civic
Center, Huntington Central Library, Main Street Library). Copies of the Maddy Act will also be
posted at all branch Libraries. Submitted by the City Clerk. Funding Source: Not applicable.
(City Council) Approved Budget Appropriation Revision to Backfill Key Positions in the
Department of Building and Safety Regarding Citywide Permit System Project (320.10) —
Approved the transfer of $60,000 from the Citywide Permit System Project contract services
account (30156001.69365) into the Department of Building and Safety temporary salary account
for $20,000 (10055301.52000) and $40,000 to contract services account (10055301.69365) to
backfill key positions. Submitted by the Building and Safety Director. Funding Source:
Transfer funding from the Citywide Permit System Project into the Department of Building and
Safety temporary salaries and contract services operating accounts.
(City Council) Approved Appointments to the Design Review Board of At -Large Members -
Ed Kerins (Term to Expire December 31, 2008) and Kristin Stilton (Term to Expire
December 31, 2006); and Alternate At -Large Member - William Crouch (Term to Expire
December 31, 2008) (110.20) — Approved the appointments of Ed Kerins to the Design Review
Board for a term to expire on December 31, 2008 and Kristin Stilton for a term to expire on
December 31, 2006, as at -large members and William Crouch for a term to expire on December
31, 2008 as an alternate at -large member. Submitted by the Planning Director as recommended
by Council liaisons Mayor Pro-Tem Dave Sullivan and Councilmember Cathy Green. Funding
Source: Not applicable.
(City Council) Adopted Resolution No. 2004-97 Creating Temporary Part -Time Work
Program (960 Program) and Amending the Memorandum of Understanding (MOU)
Between the City of Huntington Beach and the Huntington Beach Police Officers'
Association (HBPOA) (720.20) — Adopted Resolution 2004-97 — "A Resolution of the City
Council of the City of Huntington Beach Modifying Benefits and Amending the Memorandum of
Understanding Between the City of Huntington Beach and Huntington Beach Police Officers'
Association." Submitted by the Chief of Police. Funding Source: The existing, approved
(10) December 20, 2004 - Council/Agency Minutes - Page 10
budget can absorb the annual costs associated with this program. The funds are available in
General Fund Accounts as follows; Uniform Division, Patrol Business Unit (10070201),
Administrative Operations Division, Personnel Business Unit (10070109), and Investigations
Division, Business Unit (10070203).
(City Council) Accepted Bid and Awarded Construction Contract to Southern California
Underground Contractors, Inc. for the Alabama Street Storm Drain Improvement Project;
CC-1214 (600.60) —1. Accepted the lowest responsive and responsible bid submitted by
Southern California Underground Contractors, Inc. in the amount of $988,474 for the Alabama
Street Strom Drain Improvement Project, CC-1214; and 2. Authorized the Mayor and City Clerk
to execute a construction contract in substantially the same form as the sample contract
attached: and 3. Authorized the Director of Public Works to authorize change orders in an
amount not to exceed fifteen percent (15%) of award. Submitted by the Public Works and
Economic Development Directors. Funding Source: Grant funds for this project were awarded
through the EPA grant and the Orange County Sanitation District's Cooperative Projects
Program. Funds in the amount of $456,162 are available through a Community Development
Block Grant and the balance of $404,402 is budgeted in account number 86588008.82600. The
full cost of the project is budgeted in Sewer Service Fund, Sewer Line Improvements,
51189002.82600, where funds are available for expenditures in excess of the grant
commitments. The engineer's estimate was $1,500,000.
(City Council) Approved the Release of Securities for Tract No. 15470 Located Six
Hundred Feet North and East of the Intersection of Bolsa Chica Street and Warner
Avenue, slo Heil Avenue (Meadowlark Specific Plan) — Approved the Notice of
Acceptance of Public Improvements (Developer, Catelius Residential Group, Inc.)
(420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract
No. 15470; and 2. Accepted Guarantee and Warranty Bond No. 929104326-W; 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 the Faithful Performance/Labor and Material
Bond No. 929104326 and Monument Bond No. 929104327 pursuant to California Government
Code Section No. 66499.7(a) (Attachment 2); and 4. Instructed the City Clerk to notify the
developer, Catellus Residential Group, Inc., of this action and the City Treasurer to notify the
Surety, National Fire insurance Company of Hartford, of this action; and 5. Instructed the
City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder
(Attachment 3). Submitted by the Public Works Director. Funding Source: Not Applicable.
(City Council) Approved Special Duty Pay for Public Works Interim Maintenance
Operations Administrative Assignment (700.20) — Authorized special duty pay to Debra
.iubinsky, Field Service Representative, of $2.29 per hour to continue through April 29, 2005, or
until the Senior Administrative Analyst position is filled. Submitted by Public Works Director and
Administrative Services Director. Funding Source: With the vacant Senior Administrative
Analyst position, an overall savings of approximately $75,000 for the eleven -month period will
be realized in Refuse Administration, 50485103.51000.
(City Council) Accepted Bid and Awarded Construction Contract to R. J. Noble Company
for Gothard Street Rehabilitation; CC-1154 (600.50) —1. Accepted the lowest responsive
and responsible bid submitted by R. J. Noble Company, in the amount of $638,517.45 for
Gothard Street Rehabilitation Improvements, CC-1154; and 2. Authorized the Mayor and City
Clerk to execute a construction contract in substantially the same form as the sample contract
attached. Submitted by the Public Works Director_ Funding Source: Sufficient project funds
(11) December 20, 2004 - Council/Agency Minutes - Page 11
have been budgeted in the Gas Tax, Arterial Rehabilitation, Street Improvements Account No.
20790008.82300. Grant funds in the amount of $190,923 are included in the budgeted funds.
The engineer's preliminary estimate was $652,343.
(City Council) Received and Filed Information Report Concerning Federal Emergency
Management Agency (FEMA) Grant to Seismically Strengthen the Administration
Building of City Hail (200.10) — Received and Filed Report. Submitted by the Building and
Safety Director. Funding Source: Not Applicable. (Staff to Return to Council at a Date
Uncertain to Request Approval of a Grant Application for Matching Funds.)
(City Council) Approved Four As -Needed Environmental Professional Services
Agreements on an On -Call Basis for Public Works Department from 1) Stearns, Conrad,
and Schmidt Consulting Engineers Inc. dba SCS Engineers; 2) Geosyntec Consultants
Inc.; 3) KOMEX H2O Science; and 4) GC Environmental, Inc. (600.10) — Approved and
authorized the Mayor and City Clerk to execute the following: 1) Professional Services Contract
Between the City of Huntington Beach and Stearns, Conrad and Schmidt Consulting Engineers,
Inc. dba SCS Engineers for As Needed Environmental Engineering Services; and 2)
Professional Services Contract Between the City of Huntington Beach and Geosyntec
Consultants, Inc. for As Needed Environmental Engineering Services; and 3) Professional
Services Contract Between the City of Huntington Beach and KOMEX H2O Science for As
Needed Environmental Engineering Services; and 4) Professional Services Contract Between
the City of Huntington Beach and GC Environmental, Inc. for As Needed Environmental
Engineering Services. Submitted by the Public Works Director. Funding Source: Funds would
be made available from currently budgeted programs. Additional Council authorization will be
requested for unbudgeted projects, as necessary.
(City Council) Approved Amendment to the City's Enrollment in a Microsoft Enterprise
Agreement for External Funding (600.10) Approved and authorized the Acting Information
Services Director to execute the attached Amendment No_ 001 to the Microsoft State and Local
Government Enterprise Enrollment. Submitted by the Interim Information Services Director.
Funding Source: Microsoft will provide $30,000 in product support services or a like amount for
the city toward services provided by one of the Microsoft partners for the implementation of the
next generation Microsoft networks (Active Directory). $25,000 per the attached agreement
(Attachment 1) plus an additional $5,000 from a second Microsoft funding source authorized in
the attached email from Microsoft (Attachment 2).
(City Council/Redevelopment Agency) Minutes (120.65)
Mayor Hardy requested that this agenda item be removed from the Consent Calendar for
discussion on the following correction.
A motion was made by Hardy, second Coerper to amend the November 15, 2004 minutes on
page 10, paragraph 3 to include after the word "combination", the words "3-foot retaining wall
and 5-foot view fence." The motion carried by the following roll call vote:
AYES: Coerper, Hardy, Green, Cook
NOES: None
ABSENT: None
ABSTAIN: Hansen, Sullivan, Bohr
(12) December 20, 2004 - Council/Agency Minutes - Page 12
A motion was made by Cook, second Coerper to approve and adopt the minutes of the City
Council/Redevelopment Agency Regular Meetings of November 1, 2004, City Council
Adjourned Regular Meeting of November 8, 2004, and City Council/Redevelopment Agency
Regular Meetings of November 15, 2004 as amended, by the above. The motion carried by
the following roll call vote:
AYES: Coerper, Sullivan (Sullivan Abstained on the November 15, 2004 minutes), Hardy
(Hardy abstained on the November 1, 2004 minutes), Green, Cook
NOES: None
ABSENT: None
ABSTAIN: Hansen, Bohr
(City Council) Approved Amendment No. 1 to Professional Services Contract between
the City and Engineering Resources of Southern California, Inc. for Plan Check and
Development Processing Staff for the Public Works Department (600.10)
Councilmember Hansen requested that this agenda item be removed from the Consent
Calendar to request clarification. Public Works Director, Robert F. Beardsley reported.
A motion made by Hansen, second Sullivan to approve and authorize the Mayor and City Clerk
to execute Amendment No_ 1 to the Agreement between the City of Huntington Beach and
Engineering Resources of Southern California, Inc. for Plan Check and Development Process
Services. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved the Addition of a Contract Event Coordinator for the Fourth of
July Celebration and Authorized Additional Budget Allocation (960.30)
Councilmember Coerper requested that this agenda item be removed from the Consent
Calendar for clarification regarding the recommended action. Community Services Director Jim
Engle reported that Item 1 of the action was to approve the creation of the position, and Item 2
was for approval of fund allocation. Director Engle confirmed that the total additional funding
request is $16,000.00
A motion was made by Coerper, Second Cook to: 1) Approve utilizing a contract event
coordinator to help address the increasing complexity of the city's Fourth of July celebration,
said contract not to exceed $16,000; and 2) Authorize an additional allocation of $16,000 from
the Fourth of July Fund reserves into Contractual Services Account 20445803,69450 to cover
hiring a contract event coordinator. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(13) December 20, 2004 - Council/Agency Minutes - Page 13
(City Council) Approved for Introduction Ordinance No. 3693 Amending Chapter 10.12 of
the Huntington Beach Municipal Code Relating to Speed Limits (580.60)
After the City Clerk read by title, a motion was made by Sullivan, second Coerper to approve for
introduction Ordinance No. 3693 - "An Ordinance of the City of Huntington Beach Amending
Chapter 10.12 of the Huntington Beach Municipal Code Relating to Speed Limits." The motion
carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved for Introduction Ordinance No. 3694 Amending Chapter 5.24 of the
Huntington Beach Municipal Code Relating to Massage Establishments (570.10)
Detective Krause clarified for Council the research provided to draft the ordinance, and the
necessity to update to current Government Code. Councilmember Cook requested that a
representative with the local Massage Therapist Association, be faxed a copy of proposed
Ordinance prior to the next reading.
After the City Clerk read by title, a motion was made by Green, second Coerper to approve for
introduction Ordinance No. 3694 — "An Ordinance of the City of Huntington Beach Amending
Chapter 5.24 of the Huntington Beach Municipal Code Relating to Massage Establishments."
The motion carried by the following roll call vote. -
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Resolution No. 2004-98 Supporting the City of Anaheim in Their
Effort to Keep the Name "Anaheim Angels" (100.10)
The City Council considered a communication from Councilmember Cathy Green transmitting the
following Statement of Issue: The City of Anaheim is currently struggling with the new owner of
the Anaheim Angels over whether that team should be identified as the "Anaheim Angels."
1, like most Orange County residents, take a great deal of pride in the fact that the Angels are an
Orange County baseball team. Their identification as such has helped to give Orange County a
national identity. This identity has, I believe, meant that tourists plan to visit Orange County as their
primary destination, not just as a side trip on their visit to Los Angeles.
As such, it is important that the cities of Orange County support Anaheim in its efforts. To that end,
I am requesting your support for the attached resolution.
Council discussion was held relative to Council's jurisdictional responsibility, as well as the
importance of supporting other Orange County cities and the Orange County Tourism Bureau.
(14) December 20, 2004 - Council/Agency Minutes - Page 14
A motion was made by Coerper, second Hardy to adopt Resolution No. 2004-98, - "A Resolution
of the City Council of the City of Huntington Beach Supporting the City of Anaheim in Their Efforts
to Keep the Name "Anaheim Angels" as the Name of the Anaheim Angels."
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green
NOES: Bohr, Cook
ABSENT: None
(City Council) Directed City Attorney to Revise the City's Sign Ordinance as it Relates to
Political Signs (120.90)
The City Council considered a communication from Councilmember Keith Bohr transmitting the
following Statement of Issue: It seems every two years during the election season that many
of our Huntington Beach residents grow more irritated by the ninety days of legally and illegally
displayed political signs. Huntington Beach's current code allows political signs to be displayed
75 days before election and requires them to be removed no later than 15 days after the
election.
After researching other Orange County cities' ordinances, I respectfully suggest that the City
Council consider revising our ordinance by reducing the current 75 days to 45 days before election
and reducing from 15 to 12 days the amount of time after election to remove all signs. This reduces
by one-third the time Huntington Beach residents must view signs while still maintaining the
candidate's freedom of speech and still allowing signs to go up before absentee ballots are
distributed and cast. The 12 days to remove signs gives candidates and their supporters two full
weekends to remove all their signs.
City Attorney McGrath clarified to council the enforceability of the political signs ordinance.
A motion was made by Bohr, second Cook directing the City Attorney to return to Council with a
revised ordinance reducing the number of days prior to the election that political signs can be
displayed to 45 days before election, and amending the recommended action to 15 days after
the election to remove the signs.
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Bohr, Cook
NOES: Green
ABSENT: None
(City Council) Directed City Attorney to Prepare Ordinance Regarding Fourth of July
Staking Policies Relative to Huntington Beach Municipal Code 13.54 (960.30)
The City Council considered communication from Councilmember Gil Coerper (a copy of
Huntington Beach Municipal Code Section 13.54.200 was included) transmitting the following
Statement of Issue: During the workshop between the City Council and the 4th of July Executive
Board, a number of issues regarding "staking" prior to and during the annual Fourth of July Parade
were identified_ There are questions as to:
(15) December 20, 2004 - Council/Agency Minutes - Page 15
1. Should the community be permitted to stake out an area on public property along the parade
route?
2. When should the community be permitted to start staking out an area of the parade route?
3. Should staking out be allowed on the center median?
4. Should certain identified items of personal property be prohibited from being used for
staking out?
Recommended Action is to:
1. Staking out be permitted on public property, including the center median of Main Street,
along the parade route only after 9.00 AM on the third of July. City staff will make
reasonable effort to remove items used for staking out prior to this time.
2. The parade route be posted well in advanced with appropriate signage informing the
public of the applicable staking out ordinances.
3. Tape or other material with adhesives be prohibited for use in staking out on any public
property, including sidewalks, roadways, street signs and trees.
4. No materials or other items used for staking out shall block or interfere with any public
roadway or sidewalk prior to 6:00 AM on the Fourth of July.
5. Staff make appropriate public notices advising of the staking out ordinance.
A motion was made by Sullivan, second Green directing the City Attorney to prepare ordinance
revisions that include Items 1-5 listed above in the recommended action and to return to Council
for introduction at a date uncertain. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Mayor Jill Hardy thanked Rabbi Einstein who was scheduled to lead the
Invocation (120.85)
Mayor Jill Hardy thanked Rabbi Einstein, who was in attendance and was scheduled to lead the
Invocation
(City Council) Councilmember Coerper Reported on the Eagle Scout Court of Honor -
(120.85)
Councilmember Coerper complimented Mayor Hardy on the presentation prepared for John
Hammer at the Eagle Scout Court of Honor. Mayor Hardy responded that the Eagle Scouts have
contributed to the community and deserve such commendations, and further recognized Eagle
Scouts Thomas Waters, and David lLiechty, both former students of Edison High School.
(City Council) Mayor Hardy Congratulated Councilmember Hansen's Birth of Son. (120.85)
Mayor Hardy offered congratulations to Councilmember Hansen and his wife on the birth of their
son.
(16) December 20, 2004 - Council/Agency Minutes - Page 16
Mayor Hardy Recessed the City Council/Redevelopment Agency to Continue Closed
Session Discussion
Approved by unanimous consent.
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives: Continuation of Agency Negotiators: Penelope Culbreth-Graft,
City Administrator; Clay Martin, Director of Administrative Services; and Irma Youssefieh,
Human Resources Manager 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)
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Adjournment — City Council/Redevelopment Agency
Mayor Hardy adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach at 9:10 PM to Monday, January 3, 2005, at 4:00 p.m., in Room B-8 Civic
Center, 2000 Main Street Huntington Beach, California.
Q..') 42
Zitiplerk and ex-officio CIV of the City
Co cil of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
ity Clerk -Clerk