HomeMy WebLinkAbout2005-02-07Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, February 7, 2005
4:00 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 4:00 p.m. portion of this meeting
and a videotape of the 6:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Call to Order
Mayor Pro Tern Dave Sullivan 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, Green, Bohr, Cook (Mayor Hardy requested permission
to be absent pursuant to Resolution No. 2001-54)
Absent: Hardy
(City Council) Study Session Held — Presentation by the City Administrator on Staffing
Priorities and Restoration of Critical City Services (100.10)
City Administrator, Penny Culbreth-Graft, presented a memorandum describing certain services
identified in several departments, along with a plan and timetable to restore those services. The
communication is titled Staffing Priorities and Restoration of Critical Services City Council Study
Session for February 7, 2005 and was included in the agenda packet.
City Administrator Culbreth-Graft outlined the City service levels which the public has indicated
as high priorities for reinstatement, including: graffiti abatement, trees, streets, sidewalks, and
the cleanliness of parks, beaches and other public areas. The Level I positions had been cut
during budget layoffs and are related to critical City services.
Councilmembers made inquiries of the Department Heads present, including the timelines for
filling positions in the Police Department, the responsibilities of individual positions in the Fire
and Planning Departments, staffing and volunteer assistance at the libraries, the total dollar
amount of the budget reductions, any additional operational costs incurred with reinstatement of
positions, and the staffing levels at the Community Services and Public Works Departments.
City Administrator Culbreth-Graft will return to Council with the total dollar amount of the budget
reductions in staffing at a later date. Community Services Director Jim Engle will provide
Council with a copy of the Community Services Department audit as well as an organizational
chart.
(2) February 7, 2005 - Council/Agency Minutes - Page 2
Motion to Recess to Closed Session — Approved
A motion was made by Coerper, second Green to recess to Closed Session on the following items.
The motion carried by consensus of all present, Mayor Hardy absent.
(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 Park; Young; and Kirkwood v. City of Huntington
Beach, et al.; Orange County Superior Court Case No. 04CC07317. Subject: Park, et al. v.
City of Huntington Beach, et al. (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 Gilbert Coerper v. City of Huntington Beach, WCAB
Case No. LBO 0334002: Claim No. COHB-01-0180. Subject: Coerper v. City of Huntington
Beach. (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 Marie Hansen v. City of Huntington Beach, et al.,
Orange County Superior Court Case No. 02CC11272. Subject: Marie Hansen v. City of
Huntington Beach, et al. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with its
designated representatives: Agency Negotiators: Penelope Culbreth-Graft, City Administrator; Dan
Villella, Finance Officer; and Irma Youssefieh, Human Resources Manager regarding labor relations
matters — meet and confer with the following employee organizations: MEO, HBFA, MSOA, and Non -
Associated. Subject: Labor Relations — Meet & Confer. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 6:00 P.M. — Council
Chambers.
City Council- Redevelopment Agency Roll Call
Present: Hansen, Coerper, Sullivan, Green, Bohr, Cook (Mayor Hardy requested permission
to be absent pursuant to Resolution No. 2001-54)
Absent: Hardy
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on February 7, 2005 Pursuant to Government Code §54957.1(a) (3) (B) Regarding
Marie Hansen v. City of Huntington Beach, et al., Orange County Superior Court Case
No.s 02CC11272 and 03CC12405. Subject: Marie Hansen v. City of Huntington Beach, et
al. (120.80)
City Attorney Jennifer McGrath reported that on Monday, February 7, 2005 the City Council
convened in Closed Session to discuss the matter of Marie Hansen v. City of Huntington Beach,
et al. Orange County Superior Court Case No.s 02CC11272 and 03CC12405 and a settlement
was reached in the amount of $635,000. The settlement was approved 6 — 0 —1 (Hardy
absent).
(3) February 7, 2005 - Council/Agency Minutes - Page 3
Pledge of Allegiance — Led by Cub Scout Pack #227
Invocation — Led by Father Dan Lackie, Sts. Simon and Jude
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:
Correction to Special Meeting Minutes from Friday, January 28, 2005. Mayor Hardy was listed as
Mayor Pro Tern Hardy on pages one and two.
Communication submitted by A.T. Hendricker, Chairman of the Environmental Board dated
February 4, 2005 titled Citywide Urban Runoff Management CURMP.
Communication submitted by Manuel S. Klausner of Klausner Law Offices representing Reason
Foundation dated February 4, 2005 providing his legal analysis of proposed ordinance 3697
imposing a moratorium on permits for medical cannabis dispensaries.
Public Comments
John Von Holle, President of the Huntington Beach Municipal Employees' Association (HBMEA)
expressed appreciation to Council, the City Administrator and the Police Chief for the upcoming
agenda item concerning the Memorandum of Understanding (MOU) between the City and the MEA.
Chuck Scheid spoke regarding two agenda items concerning Memorandums of Understanding
(MOUs) between the City and two employee groups. He asserted his opinion that these types of
items should not be routine Consent Calendar items. Mr. Scheid stated his preference that the full
cost impact of the agreements be included in the Request for Council Action (RCA) to allow greater
public participation.
Steve Stafford spoke regarding the redevelopment of the Beach Boulevard and Atlanta Avenue
shopping center. Mr. Stafford stated his opinion that safeguards need to be installed and a
committee formed to oversee the project developer.
Steve Engel, representing Friends of Shipley Nature Center, spoke relative to the Consent
Calendar item concerning a temporary parking lot at Huntington Beach Central Park. He referred to
volunteer hours devoted to the project, and invited the public to visit the center. Mr. Engel stated
his opinion that the proposed parking will bring in more visitors, and thanked Councilmember
Coerper for bringing the issue to Council's attention.
David Guido spoke on behalf of the Environmental Board, emphasizing a memo submitted as a
Late Communication on the Consent Calendar item concerning the Citywide Urban Runoff
Management Plan (CURMP). Mr. Guido itemized some issues that he stated the plan does not
address, and expressed concern that the public have the opportunity to review and give input on
the Citywide Urban Runoff Management Plan (CURMP) prior to adoption.
(4) February 7, 2005 - Council/Agency Minutes - Page 4
Alan Gandall, affiliated with Saveourfield.org, updated Council and the community about a
scheduled board of trustees meeting to be held at the Fountain Valley School Board office, 17210
Oak Street, Fountain Valley on February 10, 2005 to determine whether the Wardlow property
should be sold as surplus.
Mike Wickson, resident on property adjacent to the Wardlow Field, spoke in favor of open space in
the area, and in opposition to what he termed as "urban sprawl." Mr. Wickson announced the
website saveourfield.org for further information.
Tom Pleikhardt read a letter the Fountain Valley School District received from the Major League
Baseball Players' Association in opposition to the proposed sale of Wardlow Field. Mr. Pleikhardt
stated that the youngsters would be displaced if the baseball field is sold, and requested Council
assistance to save or relocate the field.
Linda Markus, resident in the affected area, spoke regarding the deferred public hearing
concerning General Plan Amendment No. 04-02. Ms. Markus stated concerns over how the zoning
changes would affect building heights.
Mayor Pro Tern Sullivan informed Ms. Markus that the public hearing she referred to has been
deferred to the February 22, 2005 meeting.
Alex Leo, Huntington Beach High School student and Youth Chair for the Cancer Society Relay for
Life event, informed everyone that the event is scheduled for June 4-5, 2005 at the Goldenwest
College track. Mr. Leo extended an invitation to Council and all citizens to the event kick-off being
held Thursday, February 24, 2005 from 6:30-8:00 p.m. at the Meadowlark Golf Course Country
Club.
(City Council) Continued from January 18, 2005 Council Meeting — Announcements Made
by Councilmember Don Hansen of Individual Appointment of Blair Farley to the Fourth of
July Executive Board. Investment Advisory Board Member to be Appointed at the
February 22, 2005 Meeting (110.20)
Councilmember Hansen made the above announcements.
(City Administrator's Report) Penny Culbreth-Graft Announced Billing Received for
League of California Cities — Item to be Placed on February 22, 2005 Meeting Agenda
(160.10)
Penny Culbreth-Graft announced that the City Council received its bill for the League of
California Cities with a request date (not a due date) of January 31' for payment. Discussion
was held regarding audit results, organizational structure, and placing the item on the February
22, 2005 agenda.
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's December 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 December 2004.
(5) February 7, 2005 - Council/Agency Minutes - Page 5
City Treasurer Freidenrich gave a PowerPoint presentation titled Treasurer's Report, which was
included in the agenda packet.
A motion was made by Hansen, second Bohr to review and accept the monthly report titled
Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
December 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, Green, Bohr, Cook
NOES: None
ABSENT: Hardy
(City Council) Deferred to February 22, 2005 Meeting - Public Hearing to Consider
Approval of General Plan Amendment No. 04-02 Amending the General Plan Land Use for
Three Existing Residential Areas along Beach Boulevard (Beach Boulevard Residential)
(440.50)
The City Council considered a communication from the Director of Planning dated January 31,
2005 transmitting the following: This item was noticed for a public hearing at the February 7,
2005 City Council meeting. However, it has come to our attention that the accompanying
Negative Declaration No. 04-02 was not included in the legal notice. Therefore, this item is
being rescheduled to the February 22, 2005 City Council meeting to allow for proper legal
notification.
Mayor Pro Tern Sullivan announced that this item has been deferred to February 22, 2005.
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) City Clerk's Passport Acceptance Facility Operations Quarterly Report for
October 2004 through December 2004
(City Council) Pier Plaza Flagpole Project Donated by the American Legion
(City Council) Concept of Temporary Parking Lot in Huntington Central Park for Shipley Nature
Center and General Park Users
(City Council) Resolution No. 2005-11 Approving the Memorandum of Understanding (MOU)
between the City and the Huntington Beach Police Officers' Association (HBPOA) Covering
October 1, 2003 to March 31, 2006
(City Council) Resolution No. 2005-12 Approving the Memorandum of Understanding (MOU)
between the City and the Huntington Beach Municipal Employees' Association (HBMEA)
Covering December 20, 2003 to June 30, 2006
(City Council) Citywide Urban Runoff Management Plan (CURMP)
(6) February 7, 2005 - Council/Agency Minutes - Page 6
Consent Calendar — Items Approved
On motion by Green, second Coerper Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES:
Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES:
None
ABSENT:
Hardy
(City Council/Redevelopment Agency) Approved and Adopted Minutes as Amended per
Late Communication (120.65) -Approved and adopted the minutes of the City
Council/Redevelopment Agency Regular Meetings of January 18, 2005 and City Council
Special Meeting of January 28, 2005 as amended per Late Communication to correct Mayor
Hardy's title and as written and on file in the Office of the City Clerk. Submitted by the City
Clerk.
(City Council/Redevelopment Agency) Approved 1) Grant Deed and Conveyance of
Waterfront Degraded Wetlands Parcel from Redevelopment Agency to City; and 2)
Execution of License and Maintenance Agreement with HB Wetlands Conservancy
(1.002-Acre Part of Waterfront Site and 2.415-Acre City Owned Buffer Parcel) (600.10) —
Redevelopment Agency Action: Authorized the Agency Chairperson and Agency Clerk to
execute a Grant Deed from the Agency to the City for the Degraded Wetlands Area and send to
the County for recordation after the City Clerk has affixed the acceptance certificate of the City.
City Council Actions: 1. Authorized acceptance of the Deed by the City for the Degraded
Wetlands Area; and 2. Approved and authorized the Mayor to execute a License and
Maintenance Agreement by and between Huntington Beach Wetlands Conservancy and the
City of Huntington Beach Relating to the Degraded Wetland Area and the Buffer Area.
Submitted by the Economic Development/Deputy Executive Director and Acting Director of
Public Works. Funding Source: The HB Wetlands Conservancy will assume costs associated
with maintenance of the degraded wetlands. The City will pass through funds from the adjacent
homeowners association intended for maintenance of the buffer parcel to the HB Wetlands
Conservancy. As such, there is no fiscal impact on the City.
(City Council) Rejected all Bids for Warner Avenue Gravity Sewer, CC-1182A and
Authorized Staff to Re -Advertise if Alternative Design Proves Feasible (600.60) — 1.
Rejected all bids; and 2. Authorized staff to re -advertise the project if, after a detailed review, an
alternative design proves feasible. Submitted by the Acting Public Works Director. Funding
Source: Funds are budgeted in the Sewer Service Fund, 51185201.82600. Funding for this
project includes Sewer Service Charge User Fees and an agreement with the Seal Beach
Sanitary District. The engineer's cost estimate for this project was $3,300,000.
(City Council) Adopted Resolution No. 2005-8 Amending the City's Code of Ethics - Item
Deferred from January 18, 2005 Council Meeting to Direct the City Clerk to Record
Presentation of the City's Code of Ethics to Council, the City Administrator, Chairpersons
and City Department Directors for their Annual Review and Distribution (110.40) —1.
Adopted Resolution No. 2005-8 - "A Resolution of the City Council of the City of Huntington Beach
Amending the City's Code of Ethics" and 2. Directed the City Clerk to record in the official minutes
that the Code of Ethics was presented to the City Council, the City Administrator, Chairpersons, and
City Department Directors for their review and distribution as required. Resolution submitted by the
City Attorney; Item deferred from January 18, 2005 was submitted originally by Mayor Jill Hardy.
Submitted at this meeting by the City Attorney. Funding Source: Not applicable.
(7) February 7, 2005 - Council/Agency Minutes - Page 7
(City Council) Adopted Resolution No. 2005-9 Authorizing the Closing of the First Block
of Main Street to Vehicular Traffic for Certain Specific Events (Wavecrest Beach Cruiser
Meet, 0 of July, and Halloween Downtown Activities) (800.60) — Adopted Resolution No.
2005-9 — "A Resolution of the City Council of the City of Huntington Beach Authorizing the
Closing of Main Street to Vehicular Traffic for Certain Special Events. Submitted by the
Community Services Director. Funding Source: Not applicable.
(City Council) Approved Memorandum of Understanding (MOU) between the City and the
Friends of Junior Lifeguards (FJL) (720.20) — Approved the Memorandum of Understanding
between the City of Huntington Beach and Friends of the Junior Lifeguards, and authorized the
Mayor and City Clerk to execute the MOU. Submitted by the Community Services Director.
Funding Source: Not applicable; FJL is seeking to furnish the new Junior Lifeguard building.
(City Council) Approved Sole Source Procurement of Tot Lot Playground Equipment
from Dave Bang & Associates, Inc. for Sun View, Lake View, and McCallen Parks (600.10)
— Approved Sole Source Procurement from Dave Bang & Associates, Inc. for purchase and
installation of tot lot play equipment. Submitted by the Community Services Director. Funding
Source: Funds are budgeted in Community Development Block Grant Park Improvement
Account 86645101.82000 ($82,533.67) for purchase and installation of tot lot play equipment at
three parks.
(City Council) Adopted Annual. Disadvantaged Business Enterprises (DBE) Goal for
Fiscal Year 2004-2005 (340.70) — Adopted the Annual Disadvantaged Business Enterprises
(DBE) goal of seven percent (7%). Submitted by the Acting Public Works Director. Funding
Source: Not applicable to this action.
(Redevelopment Agency) Approved Two Professional Services Contracts between the
Redevelopment Agency and (1) Kane, Ballmer & Berkman and (2) Best, Best & Krieger for
Redevelopment Legal Counsel Services (600.10) —1. Approved the Professional Services
Contract Between the Redevelopment Agency of the City of Huntington Beach and Kane,
Ballmer & Berkman for Legal Counsel Services, and authorized the Chairman and the Agency
Clerk to execute the agreement; and 2. Approved the Professional Services Contract Between
the Redevelopment Agency of the City of Huntington Beach and Best, Best & Krieger LLP for
Legal Counsel Services and authorized the Chairman and the Agency Clerk to execute the
agreement. Submitted by the Agency Counsel and Deputy Executive Director. Funding
Source: Redevelopment General Fund, Professional Legal Services, Account Number
30515101.69375.
(City Council) Received and Filed City Clerk's Passport Acceptance Facility Operations
Quarterly Report for October 2004 through December 2004 (100.30)
The City Council considered a communication from City Clerk Joan L. Flynn transmitting the
following Statement of Issue: Submitted for City Council review is the report of the City Clerk's
Passport Acceptance Facility operations. From October 2004 through December 2004 the
Passport Acceptance Facility served 504 citizens with a projected revenue of $9,260.52.
Huntington Beach residents constituted the majority of customers (403) followed by Fountain
Valley (41), Westminster (1.6) and Costa Mesa (7). Funding Source: Not applicable.
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to inform the public of the ease of receiving passports through the City Clerk's Office.
(8) February 7, 2005 - Council/Agency Minutes - Page 8
A motion was made by Sullivan, second Bohr to receive and file the Quarterly Passport
Acceptance Facility Report showing projected revenue of $9,260.52 for the period of October 1,
2004 to December 31, 2004 as prepared and submitted by the Office of the City Clerk. The
motion carried by the following roll call vote:
AYES:
Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES:
None
ABSENT:
Hardy
(City Council) Deferred by Staff to a Date Uncertain - Acceptance of Pier Plaza Flagpole
Project Donated by the American. Legion and Gratitude Extended to the American Legion
by Councilmember Hansen (160.40)
The City Council considered communication from the Community Services Director and Acting
Public Works Director transmitting the following Statement of Issue: Three new flagpoles have
been constructed at Pier Plaza by the American Legion and donated to the City. Staff
recommends accepting the donation and project as complete. Funding Source: Not applicable;
donation from American Legion.
Councilmember Hansen requested that this agenda item be removed from the Consent
Calendar to thank the American Legion for their efforts and to further highlight their donation to
the public.
Mayor Pro Tern Sullivan announced that staff requested this item be deferred to a date
uncertain.
(City Council) Approved Concept of Temporary Parking Lot in Huntington Central Park
for Shipley Nature Center and General Park Users (920.60)
The City Council considered a communication from the Community Services Director
transmitting the following Statement of Issue: Per Council's request, staff has prepared a
conceptual plan for installing a temporary parking lot in Huntington Central Park to serve the
Shipley Nature Center and general park users. Funding Source: Estimated not to exceed
$11,000, Park Acquisition & Development Fund, Account No. 20945101.67450, with assistance
from Friends of Shipley Nature Center, who will provide volunteers and seek donations to
reduce the city funds required.
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to inquire if staff's recommendation is also to approve the funding for the project.
Director Engle confirmed that staff recommends also approving the funding, not to exceed
$11,000, from the Park Acquisition & Development Fund.
A motion was made by Sullivan, second Green to approve concept of a temporary parking lot in
Huntington Central Park to serve Shipley Nature Center and general park users and to approve
funding for the project, not to exceed $11,000, from the Park Acquisition & Development Fund,
Account No. 20945101.67450. The motion carried by the following roll call vote:
AYES:
Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES:
None
ABSENT:
Hardy
(9) February 7, 2005 - Council/Agency Minutes - Page 9
(City Council) Adopted Resolution No. 2005-11 Approving the Memorandum of
Understanding (MOU) between the City and the Huntington Beach Police Officers'
Association (HBPOA) Covering October 1, 2003 to March 31, 2006 (720.20)
The City Council considered a communication from the Acting Administrative Services Director
transmitting the following Statement of Issue: Should the City and the Huntington Beach
Police Officers' Association enter into a new Memorandum of Understanding (MOU) covering
the period of October 1, 2003 through March 31, 2006? Funding Source: Funding is included
in the Fiscal Year 2004/2005 budget and to be included in the Fiscal Year 2005/2006 budget.
The total annual cost to implement the Memorandum of Understanding with the Huntington
Beach Police Officers' Association is $668,791 in Fiscal Year 2004/05 and $326,317 in Fiscal
Year 2005/06 (term expires March 31, 2006).
Councilmember Bohr requested that"this agenda item be removed from the Consent Calendar
to address the comments made by a public speaker, and to suggest that, in the future, MOUs
be agendized as non -routine, administrative items.
A motion was made by Bohr, second Coerper to adopt Resolution No. 2005-11 — 'A Resolution
of the City Council of the City of Huntington Beach Approving and Implementing the
Memorandum of Understanding Between the Huntington Beach Peace Officers' Association
(POA) and the City of Huntington Beach for 1011103 through 3131106. " The motion carried by
the following roll call vote:
AYES:
Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES:
None
ABSENT:
Hardy
(City Council) Adopted Resolution No. 2005-12 Approving the Memorandum of
Understanding (MOU) between the City and the Huntington Beach Municipal Employees'
Association (MEA) Covering December 20, 2003 to June 30, 2006 (720.20)
The City Council considered a communication from Acting Administrative Services Director
transmitting the following Statement of Issue: Should the City and the Huntington Beach
Municipal Employees' Association enter into a new Memorandum of Understanding covering the
period of December 21, 2003 through June 30, 2006? Funding Source: Funding included in the
Fiscal Year 2004/2005 budget and to be included in the Fiscal Year 2005/2006 budget. The total
annual cost to implement the Memorandum of Understanding with the Huntington Beach
Municipal Employees' Association is $1,102,000 in Fiscal Year 2004/05 and $873,605 in Fiscal
Year 2005/06 (MOU term expires June 30, 2006).
As with the preceding Consent Calendar Item regarding Resolution No. 2005-11,
Councilmember Bohr requested that this agenda item be removed from the Consent Calendar
to address the comments made by a public speaker, and to suggest that, in the future, MOUs
be agendized as non -routine, administrative items.
A motion was made by Bohr, second Coerper to adopt Resolution No. 2005-12 — "A Resolution
of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum
of Understanding Between the Municipal Employees' Association (MEA) and the City of
Huntington Beach for 12120103 through 6/30/06." The motion carried by the following roll call vote:
AYES:
Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES:
None
ABSENT:
Hardy
(10) February 7, 2005 - Council/Agency Minutes - Page 10
(City Council) Adopted the Citywide Urban Runoff Management Plan (CURMP) (520.15)
The City Council considered a communication from the Acting Public Works Director transmitting
the following Statement of Issue: The 2005 Citywide Urban Runoff Management Plan
(CURMP) has been completed. Adoption by the City Council is requested to provide future
'direction for project implementation. Funding Source: Not required to adopt the CURMP.
Councilmember Bohr requested that this agenda item be removed from the Consent Calendar to
inform the public that he is the Council liaison to the Environmental Board and to address the
concerns of a public speaker who inquired about the availability of the report.
City Administrator Culbreth-Graft reported on the timeline for adoption, the intent of the
Management Plan to act as a living document suited for amendments, and the widespread
distribution of the report including a posting on the City website and availability on disk upon
request.
A motion was made by Bohr, second Coerper to adopt the Citywide Urban Runoff Management
Plan. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES: None
ABSENT: Hardy
(City Council) Failed to Adopt Interim Ordinance No. 3697 Requiring a 4/5 Vote to Impose
a 45-Day Moratorium on Permit Issuance to Medical Marijuana Dispensaries (570.10)
The City Council considered a communication from the City Attorney, the Police Chief and the
Planning Director transmitting the following Statement of Issue: Should the City adopt an initial
45-day moratorium on medical marijuana dispensaries?
The City Council considered a communication from Chris Snell, which was included in the
agenda packet.
Captain Dan Johnson spoke on behalf.of Police Chief Kenneth Small. Captain Johnson
outlined reasons for recommending the ordinance and the basis for concerns over public health
and safety.
Councilmember Cook stated her opposition to the ordinance for reasons including unequal
treatment of a drug.
After the City Clerk read by title, a motion was made by Coerper, second Green to adopt
Interim Ordinance 3697 - "An Interim Ordinance of the City of Huntington Beach Imposing a
Moratorium on Medical Mar#uana Dispensaries" with specific findings regarding the detriment to
the public's health, safety and welfare. The motion failed by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Green, Bohr
NOES: Cook
ABSENT: Hardy
(11) February 7, 2005 - Council/Agency Minutes - Page 11
(City Council) Approved for Introduction as Amended Ordinance No. 3695 Amending
Chapters 13.54 and 12.32 of the Municipal Code Relating to the 4th of July Parade Viewing
(960.30)
The City Council considered a communication submitted by the City Attorney transmitting the
following Statement of Issue: Whether or not to amend Chapters 13.54 and 12.32 of the
Municipal Code to establish parameters for staking on public property prior to and during the
annual 41h of July parade.
City Attorney Jennifer McGrath and Police Captain Dan Johnson reported.
After the City Clerk read by title, a motion was made by Hansen, second Green to approve for
introduction Ordinance No. 3695 —'An Ordinance of the City of Huntington Beach Amending
Chapters 13.54 and 12.32 of the Huntington Beach Municipal Code Relating to 4th of July
Parade Viewing" as amended to reflect a 7:00 a.m. (and not the proposed 9:00 a.m.) reserve
start time in Chapter 12.32.015 (a).
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES: None
ABSENT: Hardy
(City Council) Approved for Introduction Ordinance No. 3696 Amending Chapter 7.12 of
the Huntington Beach Municipal Code Relating to the Killing or Maiming of Wild Birds
(520.15)
After the City Clerk read by title, a motion was made by Coerper, second Green to approve for
introduction Ordinance No. 3696 — An Ordinance of the City of Huntington Beach Amending
Chapter 7.12 of the Huntington Beach Municipal Code Relating to the Killing or Maiming of Wild
Birds." The motion carried by the following roll call vote:
AYES:
Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES:
None
ABSENT:
Hardy
(City Council) Approved for Introduction Ordinance No. 3698 Amending Ordinance No. 3117
and Modifying the Franchise Agreement between the City and the Southern California Gas
Company (Sempra Energy Corporation) Relative to Lay and Use of Pipes and Appurtenances
for Transmitting, Distributing and Measuring Gas for Any and All Purposes (600.45)
After the City Clerk read by title, a motion was made by Coerper, second Green to approve for
introduction Ordinance No. 3698 — `An Ordinance of the City of Huntington Beach Amending
Ordinance No. 3117 which Granted to Southern California Gas Company the Franchise to Lay and
Use Pipes and Appurtenances for Transmitting, Distributing and Measuring Gas for Any and All
Purposes." The motion carried by the following roll call vote:
AYES:
Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES:
None
ABSENT:
Hardy
(12) February 7, 2005 - Council/Agency Minutes - Page 12
(City Council/Redevelopment Agency) Accepted a $1,000 Contribution from the Downtown
Business Association and Directed Staff to Proceed with the Replacement of the Majestic
Beauty Trees on Downtown Main Street Utilizing Redevelopment Agency Funds (410.20)
The City Council considered a communication from Council/Agency member Gil Coerper
transmitting the following Statement of Issue: On March 15, 2004, the City Council concurred with
a number of advisory bodies that Queen Palms should be the replacement tree for the Majestic
Beauty trees in the Downtown. As part of that action, rather than proceeding with the replacement
of all of the trees using $15,000 in available Redevelopment Agency funds, the Council requested
that the Downtown merchants provide a match of half of the amount or $7,500. To date, only a few
of the trees have been replaced.
ANALYSIS:
At the Downtown Issues Economic Development Committee meeting on September 24, 2004,
Steve Daniels reported that they had raised $1,000 of the funds needed but had not been able to
raise all of the funds given the focus on recent efforts to secure approval of the Downtown Business
Improvement District (BID).
believe it is appropriate for the City Council to reconsider its prior decision for a number of
reasons:
The existing Majestic Beauty trees, because of their height and size, encroach into the sidewalk
area, creating my concern for safe passage of the numerous pedestrians in the downtown area.
Replacement of the trees using redevelopment funds will assist the newly formed BID in getting
started.
The Council's action in forming the BID reduced the assessments from $500 per year to $250 for
businesses occupying 1,000 or less square feet, which will deprive the BID of an estimated $10,000
to $20,000 of revenue in its first year of operation, a portion of which could have been used towards
trees.
Council/Agency member Coerper reported orally.
Discussion ensued amongst Council/Agency members and staff relative to whether a private citizen
would be eligible for this type of agreement, the previous agreement with downtown merchants,
public safety concerns, and funding sources.
Council/Agency member Cook and Mayor Pro TemNice Chair Sullivan stated reasons for their
opposition to the recommended action.
A motion was made by Coerper, second Green to accept a contribution of $1,000 from the
Downtown Business Association and direct staff to proceed with the replacement of the Majestic
Beauty trees utilizing Redevelopment Agency funds. The motion carried by the following roll call
vote:
AYES: Hansen, Coerper, Green, Bohr
NOES: Sullivan, Cook
ABSENT: Hardy
(13) February 7, 2005 - Council/Agency Minutes - Page 13
(City Council) Adopted Minute Action Formally Opposing Any Freeway Extension
Involving State Route 57 to Interstate 405 and Pacific Coast Highway Following the Santa
Ana River and Directed the Mayor to Forward a Letter to the OCTA (Orange County
Transit Authority) (120.70)
The City Council considered a communication from Councilmember Don Hansen transmitting
the following Statement of Issue: The Orange County Transportation Authority is in the
process of identifying potential alternatives to address north -south mobility issues in central
Orange County. One of the most significant alternatives being considered is the extension of
State Route 57 from the Orange Crush interchange to Interstate 405 and Pacific Coast
Highway, following the Santa Ana River.
During the review of potential alternatives to include in the study, some of the participating agencies
requested that the alternative extending the freeway to Pacific Coast Highway be included for
consideration. This alternative has been included in the study up to this point and has been
presented to the public at recent open houses. I was present at a highly attended public open
house in Fountain Valley on January 25. 1 had the opportunity to speak with many Huntington
Beach residents who are very concerned about the possibility of this freeway extension at any time
in the future. I have also received numerous a -mails and phone calls that express the same points
of concern.
The City Council approved a minute action item in May 2003 opposing the action by OCTA to
initiate any study of the freeway extension.. (-;strongly believe that the level of Huntington Beach
resident opposition to this alternative was recognized by the OCTA and that there is an opportunity
for the. city to influence the study content at this time.
Councilmember Hansen reported orally.
Discussion was held to clarify the specifics of the recommendation as it applies to State Route 57.
Councilmember Hansen confirmed that he opposes any of the proposed extensions to Route 57.
A motion was rji fyHanserl_ second Cook to adopt a minute action formally opposing the . .
consideration of any eeway extension alternative within the Santa Ana River waterway area,
extending to Pacific Coast Highway and forward a letter under the Mayor's signature to the OCTA
requesting that the alternative be immediately removed from consideration as part of the Central
County Corridor Study. The motion carried by the following roll call vote:
AYES:
Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES:
None
ABSENT:
Hardy
(City Council) Councilmember Coerper Commented on the Pacific Shoreline Marathon
(120.85)--
Councilmember Gil Coerper commented on the success of the Pacific -Shoreline Marathon held on
February 6, 2005. He reported that there were over 7,000 entries, and recognized the volunteer
groups who made it possible.
(14) February 7, 2005 - Council/Agency Minutes - Page 14
(City Council) Mayor Pro Tern Sullivan Commented on the Pacific Shoreline Marathon
(120.85)
Mayor Pro Tern Dave Sullivan commented on the marathon finishers and the delight of the
children upon receiving their medals.
(City Council) Councilmember Green Announced Intent to Deliver Mayor's Letter to the
OCTA on Monday, February 14, 2005 (120.85)
Councilmember Cathy Green announced that she will take the Mayor's letter to the Orange
County Transportation Authority (OCTA) on Monday, February 14, 2005.
Adjournment — City Council/Redevelopment Agency
Mayor Pro Tern Sullivan adjourned the regular meetings of the City Council/Redevelopment Agency
of the City of Huntington Beach at 7:22 p.m. to a Closed Session Meeting Monday, February 14,
2005, at 4:30 p.m., in the Council Chambers, 2000 Main Street Huntington Beach, California.
City Cl and ex-officio Clerk the City
Counc f the City of Huntingt Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
City Clerk -Clerk Mayor Pro Tem-Chair