HomeMy WebLinkAbout2005-04-18Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, April 18, 2005
4:30 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 4:30 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.
The 4:00 p.m. portion of the meeting was recessed by Deputy City Clerk Patricia Albers to 4:30
p.m. in Room B-8 due to a lack of quorum.
Call to Order
Mayor Hardy called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 4:30 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Hansen, Coerper, Sullivan (arrived 4:35 p.m.), Hardy, Green, Bohr, Cook
Absent: None
The Following Late Communications Were Submitted During the Meeting:
Communications submitted by Mary Morales, Executive Director, Public Cable Television Authority
(PCTA), undated and titled Public Cable Television Authority Franchise History and Public Cable
Television Authority Technology Subcommittee Overview of the Renewal Process.
(City Council/Redevelopment Agency) Study Session No. 1 Held — Updates Given on the
Public Cable Television Authority (PCTA) Franchise Renewal Process with Time Warner
and Survey on Cable TV Service (140.60)
City Administrator Penny Culbreth-Graft introduced Mary Morales, Executive Director of the Public
Cable Television Authority (PCTA). Ms. Morales reported on franchise history and distributed two
Late Communications titled Public Cable Television Authority Franchise History and Public Cable
Television Authority Technology Subcommittee Overview of the Renewal Process.
Director Morales introduced Bill Martingrena, General Council for the PCTA who gave an
overview of the renewal process and Dr. Gregory Robinson, who reported on the survey design
and results. Mr. Martingrena and Dr. Robinson addressed Council inquiries relative to the
renewal and the survey methods used.
John Risk from Communications Support Group, Inc. spoke regarding focus group interviews
and responded to further Council inquiries.
(2) April 18, 2005 - Council/Agency Minutes - Page 2
(City Council/Redevelopment Agency) Study Session No. 2 Deferred to May 2, 2005 Study
Session Meeting — Presentation by the Finance Department Re: Comprehensive Annual
Financial Report (CAFR) for Fiscal Year 2003/2004 (310.20)
Mayor Hardy announced that the second Study Session item would be discussed after the 6:00
p.m. agenda. It was later postponed to the May 2, 2005 Study Session.
Motion to Recess to Closed Session — Approved
A motion was made by Sullivan, second Coerper to recess to Closed Session on the following
items. The motion carried by consensus of all present, none absent.
(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:
PMA, FMA, MSOA, SCLEA and HBFA. 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, Hardy, Green, Bohr, Cook
Absent: None
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B).
Mayor 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.
Pledge of Allegiance — Led by Mayor Jill Hardy
Invocation — Led by Reverend Peggy Price, President of the Greater Huntington Beach
Interfaith Council
The City Clerk Announced a Late Communication
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced a Late Communication
regarding an agenda item that had been received by her office following distribution of the
agenda packet:
Communication submitted by Councilmember Green dated April 18, 2005 and titled Item F-1,
OCTA Measure M— Centerline Funds requesting the City Council take a position in support of
retaining the Measure M Funds allocated to the Centerline Project for use on transit projects,
and authorize the Mayor to send a letter to the OCTA Board. A draft Transit Support Letter was
also included.
(3) April 18, 2005 - Council/Agency Minutes - Page 3
The Following Additional Late Communications Were Submitted During the Meeting:
Communications submitted by Mary Morales, Executive Director, Public Cable Television Authority
(PCTA), undated and titled Public Cable Television Authority Franchise History and Public Cable
Television Authority Technology Subcommittee Overview of the Renewal Process.
Communication submitted by John Earl dated April 18, 2005, untitled, which is a copy of a letter
submitted to Ambassador Robert Zoellick, United States Trade Representative, by Attorney
Generals from thirty states or territories.
Communication submitted by Jan Vandersloot dated April 18, 2005 titled Troubles in Tampa
Imperil Carlsbad Desalination Deal, which is a copy of a newspaper article printed in the San
Diego Union -Tribune.
Presentation — Senator John Campbell made a presentation to Councilmember Cathy Green
for being named "Woman of the Year." Councilmember Green presented Senator Campbell
with a Huntington Beach history book and other Huntington Beach memorabilia (160.40)
Presentation - Mayor Jill Hardy presented a proclamation to the Huntington Beach Tree Society
and the Huntington Beach Chamber of Commerce Women in Action commemorating Arbor Day
2005. Elaine Craft and Jean Nagy announced that they would plant a magnolia tree at Moffett Park
on Wednesday, April 20. Ms. Nagy thanked Disneyland, other donors, and City Park Tree &
Landscaping employees. (160.40)
Presentation - Angela Avery from the California Park and Recreation Society (CPRS) presented
Paul Frank, Paul Frank Industries with the CPRS "Champion of the Community" Award. Mayor Jill
Hardy called on Kate Hoffman and Janeen Laudenback from the Community Services Department
who enumerated all of the programs Mr. Frank has been involved in locally. (160.40)
Public Comments
Steve Stafford reported on the Fountain Valley School District's proposed sale of school sites,
questioning the rationale behind selling the property at this time.
Paul Ocelnik, affiliated with Leukemia & Lymphoma Society Team in Training, reported on his
grandmother's diagnosis and his participation with the Society. He asked Council to consider
training for a marathon or half -marathon and described the training provided. Mr. Ocelnik
announced that informational meetings will be held on Tuesday, May 10 at 6:30 p.m. at the Minolta
Office and Thursday, May 12 at 6:30 p.m. at the Huntington Beach Central Library.
Larry Porter, affiliated with Ocean Outfall Group, spoke in opposition to the proposed desalination
plant and its potential negative effects on the environment and citizenry.
Councilmember Coerper requested the previous speaker to contact the Council office and gave him
the contact information.
Eben Sprague spoke in opposition to the proposed desalination plant and, in his opinion, the
resulting changes to sea life. Mr. Sprague urged Council to investigate current water conservation
efforts in the City for improvement opportunities and to protect the ocean.
(4) April 18, 2005 - Council/Agency Minutes - Page 4
Kristen Pankratz, Masters student at the University of Southern California, informed the Council
and meeting attendees about specialized training for interactions with citizens with mental or
emotional challenges. Ms. Pankratz suggested that the Huntington Beach Police Department
undergo "Crisis Intervention Team" training for improved results when dealing with the mentally ill.
John Earl spoke in opposition to the proposed desalination plant and suggested interested parties
view the City website for further information on the Environmental Impact Report (EIR). Mr. Earl
also spoke relative to government restrictions on multinational corporations and referred to a Late
Communication concerning the National Association of Attorneys General.
Jan Vandersloot voiced his opposition to the proposed desalination project and announced the
May 27"' deadline for the public to comment on the EIR. He reported on the Tampa Bay, Florida
desalination project and its unresolved issues. Mr. Vandersloot urged Council to send deliberation
regarding this project back to the Planning Commission.
Councilmember Cook announced the availability of the EIR on the website or by contacting the
Planning Department and also that she is hosting a meeting Thursday, April 28, 2005 from 7:00
p.m. to 9:00 p.m. in City Hall, Room B-8 to discuss California water issues.
Guy Adams spoke regarding the EIR for the proposed desalination plant and the potential negative
effects on his neighborhood and the environment. Mr. Adams asked Council to consider the
residents' concerns and not just expert reports.
Don May, affiliated with California Earth Corps., urged Council to include the Planning Commission
in the decision process for the proposed desalination project for a variety of reasons, including the
availability of new information and unanswered questions from the original EIR.
Topper. Horach voiced his opposition to the proposed desalination plant. Mr. Horach referred to an
article distributed to Council by a previous speaker, quoting the article and highlighting the problems
experienced by Tampa Bay, Florida.
Don Zaleski, 18-year resident, spoke in opposition to building a desalination plant in close
proximity to homes, citing reasons including noise concerns.
Dominic Menaldi thanked Council for the opportunity to speak and announced his opposition to the
desalination project. Mr. Menaldi voiced his concerns about hazardous waste dumping in the area,
and requested clean up as a priority.
(City Council) Mayor Pro Tern Sullivan Reported on Meeting with 3/1 Marine Battalion
Support Committee (120.20)
Mayor Pro Tern Sullivan reported on a meeting with the 3/1 Marine Battalion Support
Committee. The Committee planned an event for Friday, April 22, 2005 and is asking for
donations to sponsor a Marine or his/her spouse in the amount of $30 each. He asked that
donations be sent to City Hall, Attention: Marine Dine -in.
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's February 2005
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 February 2005.
(5) April 18, 2005 - Council/Agency Minutes - Page 5
City Treasurer Freidenrich gave a PowerPoint presentation titled February Treasurer's Report,
which was included in the agenda packet.
A motion was made by Green, second Hansen to review and accept the monthly investment
report titled Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation
Activity for February 2005, 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
(City Council) Administrative Public Hearing Held Pursuant to Resolution No. 2005-14
Adopted February 22, 2005 to Hear Protests Regarding Weed Abatement — Rubbish and
Refuse Abatement (520.80)
Mayor Hardy announced that this was the time noticed for an administrative public hearing to
hear objections and protests to the proposed removal of weeds, refuse and rubbish from
undeveloped private properties at the owners' expense. This hearing is held pursuant to
Resolution No. 2005-14 adopted February 22, 2005.
The City Council considered a communication from the Acting Public Works Director, Paul
Emery.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Acting Public Works Director Paul Emery gave a PowerPoint report.
Discussion ensued amongst Council and staff regarding specific areas of high weeds on
Goldenwest Street, adherence to State Fish & Game requirements relative to nesting season
and protected habitats, and the height to which the weeds would be trimmed.
Councilmember Cook requested that the project be delayed until Council receives information
from the State Fish & Game Department. Director Emery replied that a report would be
submitted to Council before abatement action is taken.
Mayor Hardy 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 Cook, second Green to authorize the Superintendent of Streets (Director
of Public Works) to proceed with the abatement of weeds, refuse, and rubbish. The motion
carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Cook
NOES: None
ABSENT: None (Bohr out of room)
(6) April 18, 2005 - Council/Agency Minutes - Page 6
(City Council) Public Hearing Held - Approved as Amended Zoning Text Amendment No.
03-02 (City Wide Entitlement Permit Streamlining Project - Phase II) by Amending 8
Chapters of the Huntington Beach Zoning and Subdivision Code and Amending Various
Sections of the Downtown Specific Plan SP-5 — Approved for Introduction - Ordinance
Numbers 3705 through 3711, Inclusive and Approved for Introduction as Amended —
Ordinance Numbers 3712 and 3713 (450.20)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the following:
Applicant: City of Huntington Beach.
Request: To amend 8 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify
policies and clarify certain sections of existing codes and amend various sections of the Downtown
Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of
discretionary entitlement applications by allowing the use by right or having a lower level
discretionary body review the entitlement.
Location: Citywide
Environmental Status: Notice is hereby given that this Item is categorically exempt from the
provisions of the California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Planning Director Howard Zelefsky gave an oral introduction to the topic.
Planning Manager Scott Hess presented a PowerPoint report titled Zoning Text Amendment 03-02
Entitlement Permit Streamlining Phase ll, which was included in the agenda packet.
Mayor Hardy declared the public hearing open.
Steve Stafford commented on the minimum standard required to create a homeowners
association (HOA) and asked Council to better define the relevant code.
Mike Adams asked Council to direct the larger projects for consideration to the Planning
Commission and encouraged Council to approve the staff recommendation.
Dick Harlow, speaking on behalf of the Huntington Beach Chamber of Commerce, asked
Council to shorten the approval process in order to allow prospective new businesses the ability
to take advantage of market opportunities. Mr. Harlow suggested further clarification on specific
plans and more detailed zoning ordinances to allow decisions to be made at the staff level.
Steve Ray urged Council to approve the recommended action stressing the importance of
including public participation in the process. Mr. Ray made several suggestions for Council
consideration on specific items from the matrix included on pages D-2.4 through D-2.10 of the
staff report in the agenda packet.
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 Bohr suggested staff consider doing mailing labels "in house" for public
notifications, rather than having the applicant prepare them, to ensure accuracy and generate
revenue.
(7) April 18, 2005 - Council/Agency Minutes - Page 7
The City Council decided to take straw votes on the following items from page numbers D-2.4
through D-2.10 of the staff report:
A straw motion was made by Bohr, second Green to review at the Planning Director level with
Neighborhood Notification #89 (Downtown Specific Plan, 4.2 General Provisions, 4.2.29. iv
Outdoor Dining: Outdoor dining on public or private property) for existing establishments with
an alcohol permit, to serve alcohol in an outdoor dining area. (Vote to follow)
Mayor Pro Tern Sullivan and Mayor Hardy stated reasons for opposing the motion, including the
desire to increase opportunities for public input on these types of items.
City Administrator Penny Culbreth-Graft directed a request for clarification and input from Police
Chief Kenneth Small. Chief Small reported and requested the opportunity to review and
comment on each request prior to approval.
Councilmember Cook requested that Council be notified weekly of all Planning Director actions
requiring Neighborhood Notification.
The maker and the second concurred with the above amendments, and the straw motion was
amended to include input from the Police Chief prior to approval and weekly email and written
notification to Council on all Planning Director actions involving Neighborhood Notification. The
straw motion carried by the following roll call vote:
AYES: Hansen, Coerper, Green, Bohr, Cook
NOES: Sullivan, Hardy
ABSENT: None
Councilmember Bohr asked staff to take a look at Downtown Specific Plan, District 5 Mixed Use
designations and parking ratios and to make recommendations to Council at a later date.
A straw motion was made by Sullivan, second Coerper to keep approval of #7 (Residential
Districts: Chapter 210, Bed & Breakfast [only on lots >10,OOOsq.ft.] at the Planning Commission
level of review. The straw motion failed by the following roll call vote:
AYES: Coerper, Sullivan
NOES: Hansen, Hardy, Green, Bohr, Cook
ABSENT: None
Discussion ensued relative to whether or not changes made at this meeting would effect pending
applications, and clarification of Coastal Commission approvals.
A straw motion was made by Sullivan, second Hardy to keep approval of #93 (Downtown
Specific Plan, District 2 Residential, 4.4.01 Permitted Uses: (b) New construction of multiple
family housing) at the Planning Commission level of review.
Councilmember Hansen stated reasons for opposing the motion.
The straw motion failed by the following roll call vote:
AYES: Coerper, Sullivan, Hardy
NOES: Hansen, Green, Bohr, Cook
ABSENT: None
(8) April 18, 2005 - Council/Agency Minutes - Page 8
A straw motion was made by Sullivan, second Coerper to keep approval of #101 (Downtown
Specific Plan, District 4 Mixed -Use: Office Residential, Permitted Uses (4.6.01 b) Residential
Use: apartments, condominiums, and stock cooperatives) at the Planning Commission level of
review. The straw motion was subsequently withdrawn.
A straw motion was made by Sullivan, second Coerper to keep approval of #102 (Downtown
Specific Plan, District 4 Mixed -Use: Office Residential, Permitted Uses (4.6.01 b) Mixed Use:
Mixed Residential/Office Use) at the Planning Commission level of review. The straw motion
failed by the following roll call vote:
AYES: Coerper, Sullivan
NOES: Hansen, Hardy, Green, Bohr, Cook
ABSENT: None
A motion was made by Cook, second Green to approve as amended Zoning Text Amendment
No. 03-02 with Findings for Approval (*Attachment No. 2 found at the conclusion of this item)
and after the City Clerk reads by title, approve for introduction as amended by the approved
straw motions taken, the following ordinances by roll call vote:
Ordinance No. 3705 — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE DEFINITIONS CHAPTER OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE CHAPTER 203;"and
Ordinance No. 3706 — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 210 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
RELATING TO RESIDENTIAL DISTRICTS;"and
Ordinance No. 3707 — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 211 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE TITLED COMMERCIAL DISTRICTS;"and
Ordinance No. 3708 —`AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
TITLED INDUSTRIAL DISTRICTS;- and
Ordinance No. 3709 — AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 220 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
TITLED OIL PRODUCTION OVERLAY DISTRICT;"and
Ordinance No. 3710 - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
TITLED SITE STANDARDS;" and
Ordinance No. 3711 —`AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 233 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
TITLED S/GNS;"and
Ordinance No. 3712 —"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 241 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
RELATING TO CONDITIONAL AND TEMPORARY USE PERMITS, VARIANCES; AND WAIVER
OF DEVELOPMENT STANDARDS;" as amended and
(9) April 18, 2005 - Council/Agency Minutes - Page 9
Ordinance No. 3713 —`AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE DOWNTOWN SPECIFIC PLAN REGARDING DEVELOPMENT STANDARDS" as amended.
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
*ATTACHMENT No. 2
ZONING TEXT AMENDMENT NO. 03-02
SUGGESTED FINDINGS FOR APPROVAL — ZONING TEXT AMENDMENT NO. 03-02:
1. Zoning Text Amendment No. 03-02 to amend certain sections of the Zoning and Subdivision
Ordinance and the Downtown Specific Plan is consistent with the objectives, policies, general
land uses and programs specified in the General Plan and any applicable specific plan because
the amendments streamline entitlement processing for certain uses thereby furthering the City's
development goals.
2. In the case of a general land use provision, the zoning text amendment is compatible with the
uses authorized in, and the standards prescribed for, the zoning district for which it is proposed.
The amendment revises processing of entitlements and clarifies permitted uses within the
zoning classifications.
3. A business community need is demonstrated for the change. The need for reduced processing
time is desired by the business community and supported by the Chamber of Commerce.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice by codifying existing policies and creating a zoning and subdivision ordinance more
reflective of City priorities.
Consent Calendar — Items Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(City Council) Funds for Emergency Repairs and Replacement (Due to Motor Vehicle Accident)
of Landscaping and Landscape Irrigation Facilities to Blufftop Park
Consent Calendar — Items Approved
On motion by Cook, second Green 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/Redevelopment Agency) Approved and Adopted Minutes (120.65) -
Approved and adopted the minutes of the City Council/Redevelopment Agency Regular
meetings of March 21, 2005 as written and on file in the Office of the City Clerk. Submitted by
the City Clerk.
(10) April 18, 2005 - Council/Agency Minutes - Page 10
(City Council) Adopted Resolution No. 2005-30 Approving Grant Application for
Department of Boating and Waterways Funds for Development of a Boat Pumpout/Dump
Station Facility at Huntington Harbour Public Dock (340.80) — Adopted Resolution No.
2005-30 - "A Resolution of the City Council of the City of Huntington Beach Requesting a Grant
from the Department of Boating and Waterways for the Development of a Boat Pumpout/Dump
Station Facility at the Huntington Harbor Public Dock." Submitted by the Community Services
Director. Funding Source: Not applicable. Funding is for 100 percent of grant request.
(City Council) Approved Installation of the "Huntington Beach Butterfly" Sculpture at
Norma Gibbs Park (in Participation with the Orange County Butterfly Initiative) (920.10) -
Approved the installation of the "Huntington. Beach Butterfly" sculpture at Norma Gibbs Park,
and use of Park Acquisition & Development Fund Account #20945101.63100 for installation
costs in the amount of $500.00. Submitted by the Community Services Director. Funding
Source: Park Acquisition & Development Fund Account #20945101.63100.
Mayor Hardy announced that the sculpture would be on display at City Hall through the end of
April, at the Central Library through the month of May, then installed at Norma Gibbs Park.
(City Council) Approved Project Plans and Specifications and Awarded Construction
Contract to GMC Engineering, Inc. for the Brookhurst Street & Adams Avenue
Intersection Improvement Project; CC-1162 (600.25) — 1. Approved the project plans and
specifications; and 2. Accepted the lowest responsive and responsible bid submitted by GMC
Engineering, Inc., in the amount of $430,030.75 for the Brookhurst & Adams Intersection
Improvement Project, CC-1162; and 3. Authorized the Mayor and City Clerk to execute a
construction contract in substantially the same form as the attached sample contract. Submitted
by the Acting Public Works Director. Funding Source: Funds in the amount of $396,000 are
available in the Orange County Transportation Authority (OCTA) Grant Fund, Brookhurst/Adams
Intersection, Street Improvements, Account No. 87390002.82300. The grant portion is
$296,000. The city match is a minimum of 36% of project costs. Additional funds of $150,000
for the balance of the project are available in the Traffic Impact Fund, Street Widenings, Street
Improvements, Account No. 20690001.82300.
(City Council) Approved Project Plans and Specifications and Awarded Construction
Contract to 4-Con Engineering for the Civic Center Americans with Disabilities Act (ADA)
Improvement Project; CC-1272 — Authorized Expenditure for Construction Change
Orders (600.70) —1. Approved the project plans and specifications; and 2. Accepted the
lowest responsive and responsible bid submitted by 4-Con Engineering, Inc., in the amount of
$233,905 for the Civic Center ADA Improvement Project, CC-1272; and 3. Authorized the
Mayor and City Clerk to execute a construction contract in substantially the same form as the
attached sample contract; and 4. Authorized the Director of Public Works to expend up to
fifteen percent (15%) in construction change orders. Submitted by the Acting Public Works
Director and Economic Development Director. Funding Source: Funds in the amount of
$250,000 are available from a Community Development Block Grant (CDBG) FY 2003/04,
Account No. 86687501.82200. Additional funding of $45,000 has been approved, in accordance
with the City's Citizen Participation Plan. The engineer's estimate for this project was $200,000.
(City Council) Approved Agreement between the Orange County Sanitation District
(OCSD) and the City for the Warner Avenue Relief Sewer Located between Bolsa Chica
and Springdale Streets (600.25) — Approved and authorized the Mayor and City Clerk to
execute the Orange County Sanitation District Warner Avenue Relief Sewer Agreement.
Submitted by the Acting Public Works Director. Funding Source: No city funding is required for
this action.
(11) April 18, 2005 - Council/Agency Minutes - Page 11
(City Council) Accepted City of Santa Ana Urban Area Security Initiative (UASI)
Agreement and Funding for Purchase of Command Vehicle for the City of Huntington
Beach — Authorized Appropriation (340.80) —1. Accepted the Agreement to Transfer or
Purchase Equipment or Services for FY04 Urban Areas Security Initiative (USAI) between the
City of Santa Ana and the City of Huntington Beach relative to the UASI grant for funding cycle
year 2004/2005 and authorized the Mayor and City Clerk to execute; and 2. Authorized the
Chief of Police and Fire Chief to expend funds to cover the purchase of a City command vehicle
at a cost not to exceed $550,000; and 3. Approved the appropriation of $550,000 from the
unreserved, undesignated General Fund Balance, to be reimbursed by the grant from the City of
Santa Ana. Submitted by the Police Chief and Fire Chief. Funding Source: If approved, funds,
estimated to be up to $550,000, will be appropriated from the unreserved, undesignated
General Fund Balance, but will be fully reimbursed by the City of Santa Ana UASI Grant. No
other matching or in -kind City funds are required for this grant.
(City Council) Appropriated $300,000 to Replace City Hall Elevator Control System
(200.20) — Appropriated $300,000 from the Undesignated General Fund balance to replace the
City Hall elevator control system. Submitted by the Acting Public Works Director. Funding
Source: Funds in the amount of $300,000 would be appropriated from the Undesignated
General Fund balance to Civic Center Maintenance, Capital Improvements Account No.
10085403.82000.
(City Council) Appropriated Funds for Emergency Repairs and Replacement (Due to
Motor Vehicle Accident) of Landscaping and Landscape Irrigation Facilities to Blufftop
Park (320.45)
The City Council considered a communication from the Acting Public Works Director
transmitting the following Statement of Issue: Landscaping and landscape irrigation facilities
at Blufftop Park were destroyed in a motor vehicle accident. Repair and replacement of these
items are necessary to maintain a safe environment and attractive appearance at the park.
Funding Source: Funds in the amount of $120,000 would be appropriated from the
Undesignated General Fund balance to Park Maintenance, Contracts for Repairs and
Maintenance (Account No. 10085416.64620). Risk Management will pursue reimbursement of
costs from the responsible party.
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to inquire about efforts being made to recover damages from the responsible party.
City Administrator Culbreth-Graft responded, reporting that the responsible party is an
uninsured driver, and that the City will aggressively pursue restitution.
A motion was made by Sullivan, second Coerper to appropriate $120,000 from the
Undesignated General Fund balance to fund emergency reconstruction at Blufftop Park. The
motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(12) April 18, 2005 - Council/Agency Minutes - Page 12
(City Council) Approved City Council Position on Legislation Pending before the
Federal, State, or Regional Governments as Recommended by the City Council
Intergovernmental Relations Committee (IRC), Including a Request to Adopt Resolution
No. 2005-29 Urging the United States Congress to Retain the Current Funding and
Structure for the Community Development Block Grant (CDBG) Program (640.90)
The City Council considered a communication from Mayor Jill Hardy, Chair, Intergovernmental
Relations Committee, on behalf of members, Councilmember Gil Coerper and Councilmember Keith
Bohr transmitting the following Statement of Issue: Approve a City Council position on legislation
pending before the Federal, State or Regional Governments as recommended by the City Council
Intergovernmental Relations Committee, and authorize the Mayor to communicate the City of
Huntington Beach's position to the elected members of the State or Federal Legislators,
Governmental Task Force, or a regional body or to be put on a ballot for approval by the voters.
Councilmember Green reported on an update to the City of Fullerton's request for OCTA to
advance Measure M Centerline Project Funds to Orange County cities for improvement to local
streets and roads, referring to her Late Communication announced earlier by the City Clerk.
Mayor Hardy gave an update on the 4th District Court of Appeals in the City of Santa Ana.
Mayor Pro Tern Sullivan requested that the vote on ACA 13 (Harman) be considered separately.
A motion was made by Cook, second Green to:
1. Approve Resolution Number 2005-29 - "A Resolution of the City Council of the City of
Huntington Beach Urging the United States congress to Retain the Current Funding and Structure
for the Community Development Block Grant Program;"
and
2. OPPOSE proposed cuts in the Metropolitan Medical Response System (MMRS)
program;
and
3. SUPPORT for maintaining the 41' District Court of Appeals in the City of Santa Ana;
and
4. SUPPORT for Coastline Community College District's request for the Federal
Government to maintain funding for the Perkins Vocational and Technology Education Program
and the Workforce Investment Act (WIA);
and
5. SUPPORT retaining the Measure M Funds allocated to the Centerline Project for use on
transit projects, and authorize the Mayor to send a letter to the OCTA Board similar to the
sample letter submitted in a Late Communication titled Item F-1, OCTA Measure M — Centerline
Funds.
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(13) April 18, 2005 - Council/Agency Minutes - Page 13
A motion was made by Sullivan, second Green to OPPOSE ACA 13 (Harman) — Local
Assessment — Fees (Storm Water). The motion failed by the following roll call vote:
AYES: Sullivan, Green
NOES: Hansen, Coerper, Hardy, Bohr, Cook
ABSENT: None
A motion was made by Cook, second Bohr to SUPPORT ACA 13 (Harman) — Local Assessment —
Fees (Storm Water). The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Hardy, Green, Bohr, Cook
NOES: Sullivan
ABSENT: None
(City Council) Adopted Ordinance No. 3704 Amending Chapter 5.64 of the Huntington
Beach Municipal Code Relating to Administrative Expenses for Bingo Games (570.10)
After the City Clerk read by title, a motion was made by Coerper, second Green to adopt
Ordinance No. 3704 — "An Ordinance of the City of Huntington Beach Amending Chapter 5.64
of the Huntington Beach Municipal Code Relating to Administrative Expenses for Bingo
Games." (Approved for introduction April 4, 2005.) The motion carried by the following roll call
vote:
AYES: Hansen, Coerper, Hardy, Green, Bohr, Cook
NOES: Sullivan
ABSENT: None
(City Council) Councilmember Cook Announced Meeting About California Water Issues
(120.85)
Councilmember Debbie Cook announced she is hosting a meeting to discuss California water
issues on Thursday, April 28, 2005 from 7:00 to 9:00 p.m. in City Hall, Room B-8.
(City Council) Councilmember Bohr Announced the Taste of Huntington Beach (120.85)
Councilmember Keith Bohr announced the Taste of Huntington Beach event is being held
Sunday, April 24, 2005 at the Hyatt Regency Resort and Spa.
(City Council) Councilmember Hansen Congratulated Eagle Scout -Ryan. Keeley (120.89).
Councilmember Don Hansen announced that he and several others attended the Eagle Scout
Court of Honor and congratulated Ryan Keeley.
(City Council) Councilmember Coerper Announced Dedication of Shipley Nature Center
Gate and Reported on Parking Lot (120.85)
Councilmember Gil Coerper announced that he attended the dedication of the Shipley Nature
Center Gate and reported on the progress of the parking lot construction.
(14) April 18, 2005 - Council/Agency Minutes - Page 14
(City Council) Mayor Pro Tern Sullivan Announced Opportunity to Sponsor Marines at
Celebration Dinner (120.85)
Mayor Pro Tern Dave Sullivan announced an opportunity for the public to support Marines by
sponsoring a Marine or spouse for a celebration dinner with a donation of $30 per person.
(City Council) Councilmember Green Congratulated CERT on First Aid Class (120.85)
Councilmember Cathy Green congratulated the Community Emergency Response Team
(CERT) on their recent First Aid class held in the Council Chambers.
(City Council) Mayor Hardy Announced Earth Day Events (120.85)
Mayor Jill Hardy announced Earth Day events being held on Saturday, April 23, 2005. The
beach cleanup will be held from 9:00 a.m. to Noon, starting at the pier. The event is sponsored
by the City and Simple Green. For further information, contact Tim Turner at 714-536-5614 or
Simple Green at 800-228-0709.
Adjournment — City Council/Redevelopment Agency
Mayor Hardy adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach at 9:17 p.m. to Monday, April 25, 2005, at 4:30 p.m., in Room B-8 Civic
Center, 2000 Main Street Huntington Beach, California.
City rk and ex-officio Cler f the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST: