HomeMy WebLinkAbout2005-06-06Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, June 6, 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 Kelly Mandic 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, Hardy, Green, Bohr,
Absent: Cook (arrived at 7:12 p.m. during continued Closed Session)
The City Clerk Announced a Late Communication
Pursuant to the Brown (Open Meetings) Act, Joan L. Flynn City Clerk announced a Late
Communication that had been received by her office following distribution of the agenda packet:
Communication submitted by Councilmember Debbie Cook dated June 6, 2005 and titled Notice
of Absence.
(City Council/Redevelopment Agency) Study Session Held — Presentation Given by the
Police Department Regarding Current Police Staffing Issues and Plans for Summer 2005
(100.10)
City Administrator Penny Culbreth-Graft introduced Police Chief Ken Small. Chief Small
presented a PowerPoint report titled Police Department Staffing City Council Workshop June 6,
2005, which was included in the agenda packet.
Chief Small thanked Council for its support with the recent labor contract. He reported on
expediting the background check process, the current staffing level of sworn officers, areas of
vacancies, and the hiring of lateral police officers. The Chief also reported on schedules for
coverage of the City's twelve "beats," response times to Priority One calls, summer schedules
for the beach and downtown areas, and plans for the future — taking into account the impact of
new "visitor" developments.
(2) June 6, 2005 - Council/Agency Minutes - Page 2
Council inquiries were made regarding staffing statistics, the timeline for hiring lateral officers,
the prioritization of different Priority One calls, budgeting for increased staffing, hiring of retired
officers, summer detail staffing, and overtime cost projections. Councilmembers stated concern
over the stress of overtime on police staff and on the status of response times.
Council stated its support of the Police Department and for the Police Chief in improving service
to the citizenry.
Motion to Recess to Closed Session — Approved
A motion was made by Sullivan, second Hansen to recess to Closed Session on the following
items. The motion carried by consensus of all present, Councilmember Cook 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 Scottsdale Insurance Co., et al. v. City of
Huntington Beach, et al.; Orange County Superior Court Case No. 761735. Subject:
Scottsdale Insurance Co. v. City of Huntington Beach. (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; Chuck Thomas, Acting Director of Administrative Services, 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
MEO. Subject: Labor Relations — Meet & Confer. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(b)(3)(A) to
confer with its attorney regarding pending litigation. Facts and circumstances that might result
in litigation against the local agency but which the local agency believes are not yet known to a
potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. Number of
Potential Cases: 481. Subject: Potential Litigation. (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 Shugart v. City of Huntington Beach, United States
District Court Case No. SACV 91-0475 AHS (RWRx). Subject: Shugart 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 Merrilee Madrigal v. City of Huntington Beach,
Landscape By Hiro, Inc., Real Parties in Interest, Orange County Superior Court Case No.
05CC00029. Subject: Madrigal v. City of Huntington Beach, Landscape By Hiro, Inc., Real
Parties in Interest. (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
Absent: Cook (arrived at 7:12 p.m. for continued Closed Session)
(3) June 6, 2005 - Council/Agency Minutes - Page 3
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 Hardy
Invocation — Led by Robert L. Jabro, Heritage Memorial Services
The City Clerk 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 Councilmember Debbie Cook dated June 6, 2005 and titled Notice
of Absence.
The Following Additional Late Communications Were Submitted During the Meeting:
Communication submitted by Dean Albright, undated, titled Global Water Intelligence
Desalination Tracker.
Communication submitted by Eileen Murphy, undated, titled www.hbdesalfacts.org.
Communications submitted by Larry Porter dated May 27, 2005 titled To Whom it May Concern:
Poseidon Respondent and Watershed Sanitary Survey Report, Orange County Desalination
Project, Chapter 1 Introduction.
Communication submitted by Jan Vandersloot dated May 12, 2005 titled Tampa Bay Seawater
Desalination.
Presentation — Mayor Jill Hardy called on Community Services Recreation Superintendent, Janeen
Laudenback who announced a $5,000 donation to the Distance Derby from Rainbow Disposal, title
sponsor of the event. (160.40)
Presentation — Mayor Jill Hardy called on Fourth of July Executive Board Chair, Mary Ellen
Cianciabella who spoke regarding the Fourth of July Parade and Fireworks. Ms. Cianciabella
announced that merchandise is available at some local stores and that the Pier Plaza Expo will be
held on July 3Td and 4th. For more details, visit www.hb4thofjjuly.com. Recognition was also given to
Public Works Engineering Technician John Von Holle for being named the recipient of the Bill
Gallienne Award and former Mayor Shirley Dettloff for being named Community Grand Marshal for
the parade. (160.40)
Presentation — Mayor Jill Hardy called on Council Member Gil Coerper who presented an award of
appreciation to Buena Park City Council Member Art Brown and the City of Buena Park for their
support of the Third Battalion, First Marines (3/1) Dining Out event on April 22, 2005.
Councilmember Brown of Buena Park presented additional donation checks totaling $1025 for the
"3/1 "Adoption Program. (160.40)
(4) June 6, 2005 - Council/Agency Minutes - Page 4
Presentation - Mayor Jill Hardy called on Michelle Tuchman, Director of Public Affairs for the
Municipal Water District, who announced student poster/slogan contest winners and presented
a trophy and certificate to the Huntington Beach contest winner, second grade student Saba
Qadir. (160.40)
Public Comments
Dean Albright, affiliated with Huntington Beach Tomorrow, referred to pages from a document
titled Global Water Intelligence, which he distributed as a Late Communication, and cited statistics
relative to global warming and privatization of water.
Eileen Murphy, speaking on behalf of Residents for Responsible Desalination, invited Council to
visit the website, wwww.hbdesalfacts.org for information relative to the proposed Poseidon project.
Ms. Murphy referred to the communication she distributed to Council and urged Council to vote
"No" on the proposed desalination project.
Larry Porter voiced his opposition to the proposed Poseidon desalination project, referring to what
he stated is misleading and false information being provided by Poseidon. He distributed two Late
Communications and urged Council to vote "No" on the potential project.
Gerald Caterina, 24 year Huntington Beach resident, voiced his concern regarding the condition of
the downtown beaches. Mr. Caterina stated his opinion that the beaches are dirty and asked
Council to address the situation.
Steve Stafford stated concerns about loan papers and some developers with whom the City works.
He also expressed concerns about the welfare of his dog.
Jan Vandersloot referred to a Late Communication that outlines problems with the desalination
operation in Tampa Bay, Florida. Mr. Vandersloot urged Council to review the Poseidon Tampa
Bay project before making any decisions for Huntington Beach.
John Scott stated concerns relative to the sewer line project in southeast Huntington Beach and
the negative effects on a friend's property. Mr. Scott also voiced his concerns about the proposed
Poseidon project.
(City Council) Announcement Made of Councilmember Debbie Cook's Individual
Appointment of Flossie Horgan to the Planning Commission (110.20)
Mayor Hardy announced the above appointment.
(City Council) 3`d Batallion, 1st Marines (3/1) Committee Liaison Report Given by
Councilmember Cathy Green and Mayor Pro Tern Dave Sullivan (110.20)
Councilmember Cathy Green read a letter of appreciation from one of the marines adopted by the
City of Huntington Beach. Mayor Pro Tern Sullivan re -iterated the intent of the 3/1 Adoption,
encouraging contributions.
(5) June 6, 2005 - Council/Agency Minutes - Page 5
(Redevelopment Agency) Cancelled Public Hearing - to be Rescheduled and Renoticed to a
Date Uncertain - Continue the Evaluation on the Progress of the Five Year Implementation
Plan (2002-2007) for the Southeast Coastal Redevelopment Project Area (410.05)
The City Council considered a communication submitted by the Acting Deputy Executive
Director transmitting the following Statement of Issue: The evaluation on the progress of the
Five Year Implementation Plan for the Southeast Coastal Project area needs to be rescheduled.
As this meeting was duly noticed as the public hearing date for the evaluation, the
Redevelopment Agency will move to hold the public hearing to a later date and renotice the
hearing.
Mayor Hardy announced the cancellation of this public hearing, with rescheduling to a date
uncertain.
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Second Five -Year Extension of the Lease with Dwight's and Jack's, Inc. for Jack's
Beach Concession at Huntington City Beach — Documents if Advised by City Attorney
(City Council) Professional Services Contract with NetXact, Inc. for Information Services
Technical Support
Consent Calendar — Items Approved
On motion by Green, second Sullivan 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
NOES: None
ABSENT: Cook
(City Council/Redevelopment Agency) Approved and Adopted Minutes - Continued from
May 16, 2005 Meeting (120.65) - Approved and adopted the minutes of the City
Council/Redevelopment Agency Regular Meetings of April 18, 2005 and Adjourned Regular
Meetings of April 25, 2005 as written and on file in the Office of the City Clerk. Submitted by the
City Clerk.
(City Council) Adopted Resolution Number 2005-39 Approving the Submittal of
Applications to the Orange County Transportation Authority (OCTA) for Three
Improvement Projects Under the Combined Transportation Funding Programs (CTFP)
(located Bolsa Chica Street/Warner Avenue to Interstate 405; Pacific Coast Highway at
Warner Avenue; and Pacific Coast Highway at Brookhurst Street) (800.45) — Adopted
Resolution Number 2005-39 — "A Resolution of the City Council of the City of Huntington
Beach Approving the Submittal of Three Improvement Projects to the Orange County
Transportation Authority for Studies and Street Improvement Funding Under the Combined
Transportation Funding Program." Submitted by the Acting Public Works Director. Funding
Source: No funding source is required for this action. If grants were awarded, matching funds
would be required for one of the three projects. Traffic Impact Fees and fair share contributions
from recent developments are appropriate matching fund sources.
(6) June 6, 2005 - Council/Agency Minutes - Page 6
(City Council) Adopted Resolution Number 2005-40 to Establish Portions of Atlanta
Avenue East of Brookhurst Street as Diagonal Parking Zones (560.10) — Adopted
Resolution Number 2005-40 - "A Resolution of the City Council of the City of Huntington
Beach Designating Portions of Atlanta Avenue as Diagonal Parking Zone." Submitted by the
Acting Public Works Director. Funding Source: The recommended action will require the
expenditure of approximately $4,000 in staff time and materials and can be provided within the
current operating budget of the Public Works Department, Traffic Signs and Markings, Business
Unit 10085302.
(City Council) Approved Deletion of Financial Policy Requiring a Biannual Two -Year
Budget and Amended Language to Reflect Annual Budget Preparation — Approved the 3-
Way Designation of the General Fund Balance in Excess of the Required 7% Reserve,
with 50% Designation to the General Fund, 25% Towards the Capital Improvement Fund
and the Remaining 25% Towards the Infrastructure Fund (310.10) —1. Approved the
deletion of the current financial policy requiring a biannual preparation of a two-year budget; and
2. Approved the 50/25/25 proportion of General Fund balance in excess of the required seven
percent (7%) reserve and the General Fund portion placed in a secondary General Fund
Reserve. Submitted by the Finance Officer. Funding Source: Not applicable.
(City Council) Approved the Second Five -Year Extension of the Lease with Dwight's and
Jack's, Inc. for Jack's Beach Concession at Huntington City Beach — Execute Documents
if Advised by City Attorney (600.35)
The City Council considered a communication from the Acting Economic Development Director
and Community Services Director transmitting the following Statement of Issue: The City
Council is asked to approve the second of three available five-year extensions of a lease
agreement with Dwight's and Jack's, Inc. for the operation of Jack's Beach Concession at
Huntington City Beach.
Councilmember Bohr requested that this agenda item be removed from the Consent Calendar
to inquire about the lease details. Acting Assistant City Administrator Robert F. Beardsley
introduced Economic Development Consultant Mike Hennessey, who responded.
A motion was made by Bohr, second Green to approve the second of three available five-year
extensions of the City's lease with Dwight's and Jack's, Inc. for Jack's Beach Concession and
authorize the Mayor and City Clerk to execute any necessary related documents if advised by
the City Attorney. The motion carried by the following roil call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr
NOES: None
ABSENT: Cook
(City Council) Deferred to a Date Uncertain - Professional Services Contract with
NetXact, Inc. for Information Services Technical Support (600.10)
The City Council considered a communication from the Acting Information Services Director
transmitting the following Statement of Issue: Should the City Council approve a Professional
Services Contract with NetXact, Inc. to provide technical consultant services in support of the
City's primary business systems application? Funding Source: Current funding for this contract
is available in FY 04/05 budget in Business Unit 30143002.
Mayor Hardy announced that this item is being deferred to a future agenda at the request of City
Administrator Penny Culbreth-Graft.
(7) June 6, 2005 - Council/Agency Minutes - Page 7
(City Council) Adopted Ordinance No. 3714 Repealing the Local Gift Ban Ordinance and
Alleviating Dual Standards Between the State and City Regarding the Huntington Beach
Municipal Code Chapter 2.05 Relating to Gifts to Public Officials (120.10)
Mayor Hardy announced that she would abstain from this item due to a potential conflict of
interest, and left the room.
Councilmember Cathy Green inquired about the current amount of the state gift limit. City
Attorney Jennifer McGrath responded.
After the City Clerk read by title, a motion was made by Coerper, second Bohr to adopt
Ordinance Number 3714 — "An Ordinance of the City of Huntington Beach Repealing Chapter
2.05 of the Huntington Beach Municipal Code Relating to Gifts to Public Officials." (Approved
for introduction May 16, 2005.) The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Green, Bohr
NOES: None
ABSENT: Cook
ABSTAIN: Hardy
(City Council) Adopted Ordinance Number 3715 Amending Huntington Beach Municipal
Code Chapter 13.48 Relating to Animals in the Park Pursuant to the Terms of the
Agreement between the City and Southern California Edison (SCE) (500.10)
After the City Clerk read by title, a motion was made by Sullivan, second Coerper to adopt
Ordinance Number 3715 — "An Ordinance of the City of Huntington Beach Amending Chapter
13.48 of the Huntington Beach Municipal Code Relating to Animals in the Park." (Approved for
introduction May 16, 2005.) The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green
NOES: Bohr
ABSENT: Cook
(City Council) Approved for Introduction Ordinance No. 3716 Amending Huntington
Beach Municipal Code Chapter 5.24 Relating to Insurance Records for Massage
Establishments (570.10)
After the City Clerk read by title, a motion was made by Coerper, second Green to approve
introduction of Ordinance Number 3716 - "An Ordinance of the City of Huntington Beach
Amending Chapter 5.24 of the Huntington Beach Municipal Code Relating to Insurance Records
for Massage Establishments." The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr
NOES: None
ABSENT: Cook
(8) June 6, 2005 - Council/Agency Minutes - Page 8
(City Council) Approved for Introduction Ordinance No. 3717 Amending Huntington
Beach Municipal Code Chapter 10.60 Relating to Parking (560.35)
After the City Clerk read by title, a motion was made by Sullivan, second Coerper to approve
introduction of — Ordinance Number 3717 - "An Ordinance of the City of Huntington Beach
Amending Chapter 10.60 of the Huntington Beach Municipal Code Relating to Parking." The
motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr
NOES: None
ABSENT: Cook
(City Council) Councilmember Hansen Reported on Pier Plaza Memorial Day Event
(120.85)
Councilmember Don Hansen announced that the Pier Plaza Memorial Day Event was a
success and recommended that the event continue to occur at the Pier.
(City Council) Mayor Pro Tern Sullivan Congratulated Ocean View High School Baseball
Team (120.85)
Mayor Pro Tern Dave Sullivan congratulated the Ocean View High School Baseball Team on
their accomplishment of winning the CIF Championship.
(City Council) Councilmember Green Announced Success of Saturday Concert at Pier
Plaza (120.85)
Councilmember Cathy Green announced the success of and the great reports she heard about
the concert at Pier Plaza on Saturday, June 4, 2005.
(City Council) Councilmember Coerper Reported on Request for Cost Information from
the American Legion Post 133 Regarding Defibrillators in Squad Cars (120.85)
Councilmember Gil Coerper announced the American Legion Post 133 had inquired about the
cost of placing defibrillators in squad cars and he requested Police Chief Small provide figures
to them.
(City Council) Mayor Hardy Congratulated Adam Scott Cetin on Eagle Scout Award -
Thanked Students, Senior Citizens, Mayor Pro Tern Sullivan, and Former Mayor Peter
Green For Participation with her Student Project (120.85)
Mayor Jill Hardy congratulated Adam Scott Cetin on his Eagle Scout award. She also thanked
her students, Senior Citizens, Mayor Pro Tern Sullivan and former Mayor Peter Green for their
participation in her recent project.
(City Council) Recess to Continued Closed Session
Mayor Hardy announced that the City Council would recess to continue Closed Session
discussion. Councilmember Cook arrived during the Closed Session meeting.
(9) June 6, 2005 - CounciUAgency Minutes - Page 9
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.9(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 7:58 pm. to Monday, June 20, 2005, at 4:00 p.m., in Room B-8 Civic Center,
2000 Main Street Huntington Beach, California.
City ClVk and ex-officio Clerk the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
9 " n? 4;? (_-J�
City Clerk -Clerk