HomeMy WebLinkAbout2005-08-15Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, August 15, 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 4:35 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook (arrived at 4:42 p.m.)
Absent: None
Public Comments
Ralph Bauer spoke regarding Planning Director Howard Zelefsky and handed out a Late
Communication. He vocalized support for Mr. Zelefsky, referring to his work with the General
Plan, his relationship with the Coastal Commission, and improved relations among Department
Heads. Mr. Bauer also listed many instances when he received accurate information from Mr.
Zelefsky, and asked Council to treat him fairly.
Daryl D. Smith stated his concerns with methods used to revise the Planning Director's
contract. He stated his opinion of Mr. Zelefsky's positive qualities and his performance history.
Mr. Smith suggested the City hire an outside investigator to determine if recent actions taken
are proper.
The City Clerk Announced No Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced no Late
Communications regarding agenda items on this portion of the meeting that had been received
by her office following distribution of the agenda packet.
The Following Late Communications Were Submitted During the Meeting:
Communication submitted by Local Agency Formation Commission (LAFCO) dated July 19, 2005
titled Local Agency Formation Commission Composition of the Commission, which is a roster.
(2) August 15, 2005 - Council/Agency Minutes - Page 2
Communication submitted by Local Agency Formation Commission (LAFCO), undated, titled What
is LAFCO, an Introduction to Local Agency Formation Commissions.
Communication submitted by Ralph Bauer, undated, titled A Ten -Year Review of Huntington Beach,
1992-2002, Ralph Bauer.
(City Council/Redevelopment Agency) Study Session Held — Presentation Made
Regarding the Local Agency Formation Commission (LAFCO) Annexation Process
(610.40)
Principal Planner Mary Beth Broeren gave an overview and introduced Joyce Crosthwaite,
Executive Director of LAFCO. Ms. Crosthwaite gave a PowerPoint report titled Orange County
Local Agency Formation Commission (LAFCO) City of Huntington Beach Council Meeting
August 15, 2005, which was included in the agenda packet detailing LAFCO's process, the
annexation process and spheres of influence. Council discussion followed regarding potential
areas of annexation, protest mechanisms, and timelines. The Mayor and Councilmembers
thanked the LAFCO representatives for their presentation.
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 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 Lynn Copeland v. City of Huntington Beach,
Orange County Superior Court Case No. 04CC10768. Subject: Lynn Copeland 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: MSOA, and SCLEA. Subject:
Labor Relations— Meet & Confer. (120.80)
(City Council) Closed Session - Pursuant to Government Code Section 54957 to consider
personnel matters. Subject: Termination of At -Will Employment Status of Planning Director
and Resumption of Planning Director Duties and Responsibilities Effective September 10,
2005, Pursuant to Paragraph 6(b) of the Employment Agreement Dated September 21, 1998.
(120.80)
Reconvened City Council/Redevelopment Agency Meeting — 6:10 P.M. — Council
Chambers.
City Council/Redevelopment Agency Roll Call
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
Absent: None
(3) August 15, 2005 - Council/Agency Minutes - Page 3
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session Pursuant to Government Code §54957.1(a) (2) Regarding Shugart v. City of
Huntington Beach and Regarding Termination of At -Will Employment Status of Planning
Director and Resumption of Planning Director Duties and Responsibilities Effective
September 10, 2005. (120.80)
City Attorney Jennifer McGrath reported on the following two items:
On Monday, June 6, 2005 the City Council convened in Closed Session to discuss the
matter of Shugart v. City of Huntington Beach, U.S. District Court Case No. SACV 91-0475
AHS. The City Council voted to authorize settlement up to $100,000. The Council voted as
follows: 4 Ayes; 2 Noes; 0 Abstentions. Ayes: Bohr, Coerper, Green and Sullivan. Noes:
Hansen and Hardy. Debbie Cook was absent at vote. This case has now been settled in
the amount of $90,000.
2. On Monday, August 15, 2005 the City Council convened in Closed Session to discuss
termination of at -will employment status of Planning Director and resumption of Planning
Director duties and responsibilities effective September 10, 2005 pursuant to paragraph 6b
of employment agreement dated September 21 1998. The Council voted to approved and
voted as follows: 6 Ayes; 1 No. Ayes: Hansen, Coerper, Hardy, Green, Bohr, Cook. No:
Sullivan.
Pledge of Allegiance — Led by Mayor Jill Hardy
Invocation — Led by Reverend Steve Isenman, First United Methodist Church
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced Late
Communications regarding agenda items that had been received by her office following
distribution of the agenda packet:
Communication submitted by Local Agency Formation Commission (LAFCO) dated July 19, 2005
titled Local Agency Formation Commission Composition of the Commission, which is a roster.
Communication submitted by Local Agency Formation Commission (LAFCO), undated, titled What
is LAFCO, an Introduction to Local Agency Formation Commissions.
Communication submitted by Ralph Bauer, undated, titled A Ten -Year Review of Huntington Beach,
1992-2002, Ralph Bauer.
Communication submitted by Charles Thomas, Acting Director of Administrative Services, dated
August 15, 2005 requesting an amendment to Section 2 of Resolution 2005-51.
Communication from K. & G. Yabuki dated August 15, 2005 stating opposition to the City
purchasing a fourth helicopter.
PowerPoint presentation submitted by Jim B. Engle, Director of Community Services, and Leonie
Mulvihill, Deputy City Attorney, dated August 15, 2005 titled Approve Surplus School Draft
Memorandum of Understanding with Fountain Valley School District.
(4) August 15, 2005 - Council/Agency Minutes - Page 4
The Following Additional Late Communication Was Submitted During the Meeting:
Communication submitted by Doug Traub, undated, titled Huntington Beach Conference and
Visitors Bureau, What the Bureau Asked City Council to Support.
Presentation - Mayor Jill Hardy presented a commendation to Olivia Zumwalt who was named
"Most Outstanding Eight -Year -Old" in the Pre -Teen America Scholarship and Recognition Program.
(160.40)
Presentation - Mayor Jill Hardy called on Library Director Ron Hayden who recognized the
members of the inter -departmental team that recently completed implementation of the
automated computer circulation system including new pcs for patrons and staff. The new
sophisticated system will enhance access to the Library's collection and databases, expand the
public Internet stations and offer Wi-Fi access at the Central Library. Sherrie Daugherty,
Principal Librarian, detailed some of the enhancements. (160.40)
Mayor's Award - Mayor Jill Hardy called on Community Services Director Jim Engle to present
the Mayor's Award to Junior Lifeguard Coordinator Dave Simcox and Assistant Junior Lifeguard
Coordinator Mike Eich. Director Engle listed the successes of the Junior Lifeguard Program
and the involvement of the two individuals. (160.40)
Public Comments
Je'net Kreitner, Special Projects Coordinator for the Second Harvest Food Bank in Orange, spoke
regarding an upcoming Food Drive, the needy individuals in Orange County, and the clients of the
Food Bank. She announced declining donations in Huntington Beach since the year 2000 and
asked any interested parties to call 714-771-1343 X139. Ms. Kreitner also challenged every
resident to donate one can of food or $1 to the cause.
Erica Zelmer announced that she had volunteered to host a Food Drive for Second Harvest Food
Bank on August 27 and 28 at her home located at 20642 Egret Lane in Huntington Beach, 92646.
She encouraged everyone to attend and stated there will be entertainment at the event as well. Ms.
Zelmer announced further information can be obtained on the website
FacesofHunger@Yahoo.com.
Mayor Hardy asked for clarification on which items are acceptable for donation.
Doug Traub, President of Huntington Beach Conference and Visitors Bureau, suggested grant and
budget amendments and increased funding for the Bureau, as detailed in a Late Communication he
submitted to the City Council.
Jerry Dominguez, Representative from Southern California Edison, thanked Councilmembers
Green, Bohr, Hansen, City Attorney McGrath and Community Services Director Engle for their
efforts with the Animals in the Park Ordinance. Mr. Dominguez voiced his satisfaction with the
results.
Alan Thaler, affiliated with DOGSTOP, spoke regarding the agenda items pertaining to Southern
California Edison License Agreements and the Animals in the Park Ordinance, related the events
leading up to the ordinance, and thanked the City Council, the City Attorney and Southern California
Edison for their efforts.
(5) August 15, 2005 - Council/Agency Minutes - Page 5
Councilmember Bohr thanked everyone involved with the Animals in the Park Ordinance for their
hard work. Councilmember Green also thanked everyone involved and commented on the positive
process.
Alan Gandall, President of SaveourField.org spoke on the agenda item pertaining to Surplus
Schools Draft Memorandum of Understanding (MOU) with the Fountain Valley School District and
inquired if the City needs to act immediately. Mr. Gandall asked Council for an extended amount of
time to consider issues, and to direct staff to renegotiate.
Marc Ecker, Superintendent of Fountain Valley School District (FVSD), spoke on the agenda item
pertaining to the Surplus Schools Draft Memorandum of Understanding (MOU), noting that the
MOU was built on trust between the City and FVSD. He also commented that the MOU represents
compromise made on both sides and the historic nature of the agreement. Mr. Ecker urged Council
to approve the item.
Karen Ward spoke regarding the agenda item pertaining to the Surplus Schools Draft MOU, stating
concerns about moving the playing fields to the back of the lot. Ms. Ward also stated her opinion
that 5.2 acres is too small and that there is a need for a significant setback from new development
in relation to existing homes.
Larry Bottorff, Resident near Wardlow Field, thanked staff and Council for their efforts and stated
concerns that 5.2 acres is too small, mainly due to parking needs.
Barbara Bottorff, Resident near Wardlow Field, voiced disappointment with how FVSD handled
the situation. She stated her opinion that 5 acres are not enough. Ms. Bottorff also stated concerns
with parking and open space for residents.
Dorothy Ralphs, Representing the Edinger Project Steering Committee and the Sea Isle Garden
Club, thanked Council for participating in the funding for the Edinger Beautification Project study.
Ms. Ralphs asked Council to partner with her group and to place the Edinger project in the budget,
stating that the city is requiring approximately $94,000 for curbs and gutters.
Steve Stafford spoke regarding a sidewalk on Frankfort Street, damaged by tree roots
approximately seven years ago. Mr. Stafford also stated problems with neighbors in his complex
and within his Homeowners Association, and health & safety concerns.
Paul Cross congratulated the City Council on the successful Junior Lifeguard Program. He asked
about sidewalk conditions downtown and spoke regarding the proposed Poseidon desalination
plant and potential problems. He stated his opinion that inland options are now available and a
desalination plant is unnecessary. Mr. Cross asked Council to deny Poseidon's application.
Larry Porter, affiliated with Residents for Responsible Desalination and Ocean Outfall Group,
voiced his opposition to Poseidon Resources Corporation. Mr. Porter asked Council to review the
Environmental Impact Report (EIR) in detail prior to making a decision and alleged that there are
untruths in the EIR.
Greg Jewell, Member of the Huntington Beach and Seal Beach Surfrider Foundation, spoke
regarding the proposed desalination plant and of his concerns about the AES plant. He stated that
he is not opposed to desalination projects, but to the conditions of the plant. Mr. Jewell asked
Council not to rush into a decision.
(6) August 15, 2005 - Council/Agency Minutes - Page 6
Todd Palombo, 38-year resident, voiced his dissatisfaction with the industrial facilities in the area
he lives. He enumerated the Sewer Treatment plant, AES and Ascon-Nesi. Mr. Palombo asked
Council to beautify the area rather than adding another plant.
Tim Geddes, Southeast Huntington Beach resident, spoke in opposition to the proposed Poseidon
desalination plant. He stated his opinion that the EIR needs more research, is inadequate, and
should be rejected. Mr. Geddes asked Council to review reports from environmental authorities and
to consider what is left out of the EIR document.
Pat McCully, 38-year resident and former teacher at Gisler Middle School, spoke in opposition to
the proposed Poseidon desalination plant. Ms. McCully stated her opinion that the desalination
plant should be a public enterprise and not a private one.
(City Council) Approved a City Council Representative to the Orange County
Transportation Authority (OCTA) Policy Advisory Committee (PAC) Regarding Study of
Potential Garfield Avenue/Gisler Avenue Bridge (800.45)
The City Council considered a communication from Mayor Jill Hardy transmitting the following
Statement of Issue: The Orange County Transportation Authority (OCTA) has recently initiated
the process of preparing a supplemental Environmental Impact Report and Preliminary Engineering
Study for a potential bridge over the Santa Ana River, connecting Garfield Avenue and Gisler
Avenue.
The City Council authorized the Mayor to execute a Memorandum of Understanding with OCTA,
Fountain Valley, and Costa Mesa regarding participation in the study process. As part of the study
process, OCTA is establishing a Technical Advisory Committee (TAC), composed of staff members
from OCTA, Fountain Valley, Costa Mesa, Huntington Beach, Newport Beach, and the County of
Orange. OCTA is also establishing a Policy Advisory Committee (PAC) for the project that will
include a City Manager representative and City Council representative from the same agencies.
Therefore, the city of Huntington Beach is being asked to identify the representatives that will be
assigned to the PAC.
The first PAC meeting is being held the week of August 15, and it is necessary for the Mayor to
make an appointment at this time.
A motion was made by Bohr, second Green to approve Councilmember Gil Coerper as a City
Council representative to the OCTA Policy Advisory Committee (PAC) to participate in the study for
a potential bridge over the Santa Ana River, connecting Garfield Avenue and Gisler Avenue. The
motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved Appointments of Sarah Martin; Dorey Poder, Thach Nguyen,
Alene Tchekmedyian, and Natalie Kumaratne and Approved Reappointment of Nicolette
Ulrich, Ann Quan, Andrew Kreitz and Amelia Huss to the Youth Board for One Year
Terms to Expire May, 31 2006 (110.20)
The City Council considered a communication from Mayor Hardy and Councilmember Bohr who
recommended Council approval of appointments of Sarah Martin, Oceanview High School;
Dorey Poder, At -Large Representative; Thach Nguyen, At -Large Representative; Alene
Tchekmedyian, At -Large Representative; and Natalie Kumaratne, At -Large Representative;
(7) August 15, 2005 - Council/Agency Minutes - Page 7
and reappointment of Nicolette Ulrich, Marina High School Representative; Ann Quan, At
large Representative; Andrew Kreitz, Huntington Beach High School Representative; and
Amelia Huss, Edison High School Representative to the Youth Board for One Year Terms to
Expire May 31, 2006. Councilmember Bohr spoke about the interviews and the quality of the
candidates.
A motion was made by Coerper, second Bohr to approve the appointments and reappointments
of the above mentioned to the Youth Board with terms to expire May 31, 2006. The motion
carried by the following roll call vote:
AYES: Hansen, Coerper, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: Sullivan (out of room)
(City Administrator's Report) Overview of the City Administrator's Preliminary
Recommended Fiscal Year 2005/2006 Budget Given (100.30)
City Administrator Penny Culbreth-Graft announced budget and Capital Improvement Program
documents are available on the website, and presented a PowerPoint report titled City of
Huntington Beach Proposed Budget Fiscal Year 2005106, City Administrator, Finance Officer.
She gave details of the Capital Improvement Program and commended Deputy Director Paul
Emery and Principal Analyst Linda Daily from Public Works on project information. She
announced the Public Hearing and proposed budget adoption is scheduled for September 6,
2005.
Council discussion ensued relative to increases in tax revenue, fund balance reserves, and the
Fee Study. Councilmember Hansen inquired about the programming of capital improvement
reserves. City Administrator Culbreth-Graft reported that reserves are set aside, then Council
approves the plan for distribution. She announced that staff recommendations currently in the
budget include a $3.2 million increase in street and sidewalk repairs. Administrator Culbreth-
Graft outlined three unfunded liabilities: PERS - $50 million, Retirement Supplemental Plan -
$29 million, and Retiree Medical Subsidy - $6.7 million. Councilmembers inquired about the
timeline for payoff of PERS and commented on the reports. Staff to report back to Council on 1)
the amount of last year's increase in tax dollars and 2) PERS position on the City paying more
than required to reduce $50 million unfunded liability.
Councilmember Bohr suggested five projects be considered for funding including the Edinger
Beautification Project, Huntington Harbour Yacht Club architectural engineering, revitalization of
temporary pier buildings, replacement of restrooms at Seapoint Cliff and Dog Beach, and entry
node monument signs. He also commented on the fee study numbers and what he referred to
as unintended results. Councilmember Cook suggested an amount be allocated for projects
and then a list of projects for Council to vote on be created.
A motion was made by Green, second Sullivan to move the Public Hearing to September 12,
2005 and to televise the meeting. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(8) August 15, 2005 - Council/Agency Minutes - Page 8
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's June 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 and Summary of Investments for June 2005.
Council inquiries were made regarding the Capital Improvement Program and reprogramming of
funds between short-term and long-term. City Treasurer Freidenrich reported she would work
with City Administrator Culbreth-Graft on reprogramming of funds.
A motion was made by Hansen, second Green to review and accept the Monthly Investment
Report Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity
for June 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
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Funds and Contract with Management Partners, Inc. for Development of a
Strategic Plan
(City Council) Project Plans and Specifications and Construction Contract to GMC Engineering
for the Underhill Lane Improvements; CC-1272
(City Council) Project Plans and Specifications and Construction Contract to R. J. Noble
Company for the 2004/2005 Arterial Rehabilitation and Residential Street Overlay Project Phase
1; CC-1223
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, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Received and Filed City Clerk's Quarterly Report Listing Professional
Services Agreements Filed in the City Clerk's Office During the Period of April 1, 2005
through June 30, 2005 (100.30) — Received and filed the List of Professional Services
Contracts Approved by Department Heads Pursuant to Huntington Beach Municipal Code
Chapter 3.03 and submitted to the City Clerk's Office during the period April 1, 2005 to June 30,
2005. Submitted by the City Clerk. Funding Source: Not Applicable.
(9) August 15, 2005 - Council/Agency Minutes - Page 9
(City Council) Approved Two Amendments to Southern California Edison License
Agreements to Modify Current Prohibition of Dogs on Their Property (500.10) - Authorized
the Mayor and City Clerk to execute two original License Agreement Amendments with
Southern California Edison. Submitted by the City Attorney. Funding Source: Not applicable.
(City Council) Adopted Resolution Number 2005-51 - as Amended by Late Communication
to Include Compensation Levels - Amending the Classification Plan by Modifying the
Positions of Finance Officer, Parking/Traffic Control Officer, Community Services
Recreation Supervisor, Construction Inspector Trainee, Construction Inspector, Senior
Construction Inspector, Building Plan Checker — Adding Safety Officer, Crime Analyst,
Code Enforcement Technician and Building Plan Checker II (700.10) — Adopted Resolution
Number 2005-51 —A Resolution of the City Council of the City of Huntington Beach Amending
the Classification Plan by Modifying and Adding Class Specifications"for the following positions:
Modify Finance Officer, Parking/Traffic Control Officer, Community Services Recreation Supervisor
and Senior Construction Inspector; Add Safety Officer, Crime Analyst, Code Enforcement
Technician and Building Plan Checker II; and Modify and Retitle from Construction Inspector
Trainee to Construction Inspector I and from Construction Inspector to Construction Inspector 11;
Change job title from Building Plan Checker to Building Plan Checker I. Submitted by the Acting
Administrative Services Director. Funding Source: There is no fiscal impact to this action.
Adopted as amended by Late Communication to include compensation levels.
(City Council) Authorized Contract for Legal Services with Frandzel Robins Bloom &
Csato, L.C. (600.10) — Authorized the City Administrator to execute a contract in a form
acceptable to the City Attorney to retain the services of Hal Goldflam via an agreement with
Frandzel Robins Bloom & Csato, L.C. Submitted by the City Attorney. Funding Source: Not
applicable. There are sufficient funds in the current budget.
(City Council) Approved Huntington Beach Auto Dealers' Business Improvement District
(BID) 2004-2005 Annual Report - Adopted Resolution of Intention No. 2005-52 to Levy an
Annual Assessment for Fiscal Year 2005-2006 - Scheduled Public Hearing for September
6, 2005 (460.30) —1. Approved the Huntington Beach Auto Dealers' Business Improvement
District Annual Report for Fiscal Year 2004-2005; 2. Adopted City Council Resolution No.
2005-52 — "A Resolution of the City Council of the City of Huntington Beach Declaring The City's
Intention to Levy an Annual Assessment Within the Huntington Beach Auto Dealers' Association
Business Improvement District for Fiscal Year 2005-2006,"and 3. Directed the City Clerk to
schedule a public hearing to be held on September 6, 2005, and send copies of the
Resolution of Intention, BID Boundary Map, and assessment formula to each business to be
assessed. Submitted by the Acting Economic Development Director. Funding Source: Not
applicable.
(City Council) Approved Huntington Beach Downtown Business Association Improvement
District (BID) 2004-2005 Annual Report - Adopted Resolution of Intention No. 2005-53 to Levy
an Annual Assessment for Fiscal Year 2005-2006 — Scheduled Public Hearing for September
6, 2005 (460.30) —1. Approved the Huntington Beach Downtown Business Association
Improvement District Annual Report for Fiscal Year 2004-2005; 2. Adopted Resolution No. 2005-
53 — "A Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention
to Levy an Annual Assessment For Fiscal Year 2005-2006 within the Huntington Beach Downtown
Business Improvement District, and 3. Directed the City Clerk to schedule a public hearing to be
held on September 6, 2005, and send copies of the Resolution of Intention, BID Boundary Map,
and assessment formula to each business to be assessed. Submitted by the Acting Economic
Development Director. Funding Source: Not applicable.
(10) August 15, 2005 - Council/Agency Minutes - Page 10
(Redevelopment Agency) Received and Filed Annual Report of the Huntington Beach
Redevelopment Agency for Fiscal Year 2003-2004 for Submission to the State Controller
(400.20) — Received and filed the 2003-2004 State Controller's Report. Submitted by the Acting
Assistant Executive Director. Funding Source: Not Applicable. (Report is submitted to the State
Controller as required by §33080.1 of the State of California Health and Safety Code
"Redevelopment Law".)
(City Council) Adopted Resolution Number 2005-54 Declaring the Disposition of Three
City Owned Parcels Located Near the Southeast Corner of Goldenwest Street and
Garfield Avenue — Accepted Offer to Purchase from B. G. Williams — Convey Ownership -
Prepare, Execute and Process all Necessary Documents (650.70) —1. Adopted
Resolution Number 2005-54 — "A Resolution of the City Council of the City of Huntington
Beach Declaring the Disposition of Certain Surplus Property," and 2. Accepted the Offer to
Purchase City owned properties from B. G. Williams dated July 6, 2005; and 3. Authorized the
Mayor and City Clerk to execute all necessary documents to convey ownership of those certain
properties; and 4. Authorized the Director of Economic Development to prepare, execute, and
process all necessary documents to facilitate the transfer of ownership of those certain
properties. Submitted by the Acting Economic Development Director. Funding Source: Not
applicable.
(City Council) Adopted Resolution Number 2005-55 Establishing Tax Proceeds for Fiscal
Year 2005-2006 Gann Annual Appropriation Limit (340.90) — Adopted Resolution Number
2005-55 "A Resolution of the City Council of the City of Huntington Beach Establishing the
Appropriation Limit for Fiscal Year 2005-2006" of $512,161,427. Submitted by the Finance
Officer. Funding Source: Not applicable.
(City Council) Adopted Resolution No. 2005-56 Levying a Retirement Property Tax Rate
for Fiscal Year 2005-2006 of $0.00696 Per $100 of Assessed Valuation Representing Cost
of Pre 1978 Benefits (340.90) - Adopted Resolution No. 2005-56 — "A Resolution of the City
Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year
2005-2006 to Pay for Pre-1978 Employee Retirement Benefits,"of $0.00696 per $100 of
assessed value. Submitted by the Finance Officer. Funding Source: Not applicable.
(City Council) Approved Appointments of Don Lewis, Ben Miles and Dionne Cox and
Reappointed Richard Moore to the Library Board of Trustees for Four -Year Terms from
July 1, 2005 — June 30, 2009 (110.20) — Appointed Don Lewis, Ben Miles and Dionne Cox to
a four-year term (July 1, 2005-June 30, 2009) and ratified the reappointment of Richard Moore
to his last four-year term (July 1, 2005-June 30, 2009) as recommended by the City Council
Library Board liaisons, Councilmembers Gil Coerper and Don Hansen. Submitted by the Library
Services Director. Funding Source: Not applicable.
(City Council) Approved Huntington Beach Hotel/Motel Business Improvement District
(BID) 2004-2005 Fiscal Year Annual Report - Adopted Resolution of Intention Number
2005-57 to Levy an Annual Assessment for Fiscal Year 2005-2006 - Scheduled Public
Hearing for September 6, 2005 (460.30) — 1. Approved the Huntington Beach Hotel/Motel
Business Improvement District Annual Report for Fiscal Year 2004-2005; 2. Adopted City
Council Resolution No. 2005-57 — "A Resolution of the City Council of the City of Huntington
Beach Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year 2005-2006
Within the Huntington Beach Hotel/Motel Business Improvement District;"and 3. Directed the
City Clerk to schedule a public hearing to be held on September 6, 2005, and send copies of
the Resolution of Intention and assessment formula to each business to be assessed.
Submitted by the Acting Economic Development Director. Funding Source: Not applicable.
(11) August 15, 2005 - Council/Agency Minutes - Page 11
(City Council) Rejected all Bids for Sewer Lift Stations Number 26 and Number 28
Replacements; CC-1240 and CC-1241 — Returned all Bid Bonds — Authorized to Re -
Advertise (600.60) —1. Rejected all bids received for the Sewer Lift Station #26 and #28
Replacements, CC-1240 and CC-1241 and directed the City Clerk to return all bid bonds; and 2.
Authorized the Director of Public Works to re -advertise the project. Submitted by the Acting
Public Works Director. Funding Source: Funds for this project are available in the Sewer Service
Charge Fund, Sewer Lift Stations CIP, Account 51189001.82600. The engineer's estimate for
construction of Sewer Lift Station # 26 is $600,000 and for Sewer Lift Station #28 is $400,000 for
a combined estimate of $1,000,000.
(City Council) Approved the Project Plans and Specifications and Awarded Construction
Contract to Garcia Juarez Construction, Inc. for Newland Street Water Transmission
Pipeline Replacement; CC-1274 (600.75) 1. Approved the project plans and specifications; and
2. Accepted the lowest responsive and responsible bid submitted by Garcia Juarez Construction,
Inc., in the amount of $4,110,840: 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.
Appropriated $3.2 million to the project budget from the Water Master Plan Fund; and 5.
Authorized the Director of Public Works to approve up to fifteen percent (15%) in construction
change orders. Submitted by the Acting Public Works Director. Funding Source: Funds in the
amount of $2.1 million are budgeted in the Water Master Plan Fund, OC-9 Water Main, Account
50791020.82100. An additional appropriation of $3.2 million from the Water Master Plan
undesignated fund balance is requested. The total project cost will be $5.3 million.
(City Council) Approved the Project Plans and Specifications and Awarded Construction
Contract to MSL Electric, Inc. for Traffic Signals at Graham Street and Heil Avenue; CC-
1217; and Nichols Street and Slater Avenue; CC-1236 — Declared Inspection Engineering
Construction as Non -responsive (600.55) — 1. Approved the project plans and specifications
for the Traffic Signals at Graham Street and Heil Avenue, CC-1217; and at Nichols Street and
Slater Avenue, CC-1236; and 2. Declared the apparent low bid from Inspection Engineering
Construction, Inc. as non -responsive; and 3. Accepted the lowest responsive and responsible
bid submitted by MSL Electric, Inc. in the amount of $368,900; and 4. Appropriated $187,000 to
the project budget; and 5. 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 $350,000 are budgeted
in Traffic Impact Fund, Traffic Signals, Account No. 20690007.82700. An additional
appropriation of $187,000 is requested from the Traffic Impact Fund balance. The project cost,
including the purchase of equipment, will be $537,000. The engineer's estimate for construction
was $290,000.
(City Council) Approved the Project Plans and Specifications and Award Construction
Contract to BRH-Garver West, Inc. for Downtown Water Main Replacement Project; CC-
1262 (600.75) —1. Approved plans and specifications; and 2. Accepted the lowest responsive
and responsible bid submitted by BRH-Garver West, Inc., in the amount of $2,791,103; 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. Appropriated $3.5 million to the project budget
from the Water Master Plan (WMP) Fund; and 5. Authorized the Director of Public Works to
approve up to fifteen percent (15%) in construction change orders. Submitted by the Acting
Public Works Director. Funding Source: An appropriation of $3.5 million from the Water Master
Plan undesignated fund balance, to Water Master Plan System Improvements, Account
50791017.82100 is requested. The project was originally budgeted in the Water Fund.
(12) August 15, 2005 - Council/Agency Minutes - Page 12
(City Council) Approved the Purchase of a New NOTAR Helicopter from MD Helicopters,
Inc. and Retrofitting One MD 520N — Appropriated Funds — Entered into a Three Year
Financing Agreement (330.10) —1. Authorized the Police Chief to expend $1,393,495 for the
purchase (from MD Helicopters, Inc.) and retrofitting of one MD 520N, NOTAR replacement
helicopter; and 2. Appropriated $161,119 from Holly Seacliff Fund to expend for the purchase
of a helicopter; and 3. Appropriated $453,000 from the State Abandoned Vehicle Fund to
expend for the purchase of the helicopter; and 4. Appropriated $248,211 from the Narcotics
Forfeiture Fund to expend for the purchase of the helicopter, install avionics and other
equipment for retrofitting; and 5. Directed the Finance Officer to enter into a 3-year financing
agreement with a lending institution to borrow a current estimate of $507,830 plus fiscal costs of
$23,335. The interest rate on this transaction is 4.24%. The estimated first quarterly payment
of $45,291 will begin on September 1, 2006 and the final payment to be made on June 1, 2009.
These amounts will need to be budgeted in subsequent fiscal years. Submitted by the Police
Chief. Funding Source: The total cost for the new helicopter is $1,393,495. This amount
represents the purchase price, tax, financing charges (presently quoted at 4.24%) and
retrofitting costs.
(City Council) Approved Employment Agreement Between the City of Huntington Beach
and Paul Emery as a Deputy City Administrator (600.10) 1. Approved the appointment of
Paul Emery to the position of Deputy City Administrator; and 2. Approved and authorized
execution by the City Administrator the Employment Agreement between the City of Huntington
Beach and Paul Emery for the position of Deputy City Administrator. Submitted by the Acting
Administrator Services Director. Funding Source: The position of Deputy City Administrator is a
budgeted position in the fiscal year 2004/2005. No additional funding is required.
(City Council) Approved Employment Agreement Between the City and Jack K. Marshall
as the Director of Information Services (600.10) —1. Approved the appointment of Jack K.
Marshall to the position of Director of Information Services; and 2. Approved and authorized
execution by the City Administrator the Employment Agreement between the City of Huntington
Beach and Jack K. Marshall for the position of Director of Information Services. Submitted by
the Acting Administrator Services Director. Funding Source: The position of Director of
Information Services is a budgeted position in the fiscal year 2004/2005. No additional funding
is required.
(City Council) Appropriated Funds and Approved Contract with Management Partners, Inc.
for Development of a Strategic Plan - (600.10)
The City Council considered a communication from the City Administrator transmitting the following
Statement of Issue: Approval of a contract with Management Partners, Inc. to facilitate the
development of a City Council Strategic Plan. Funding Source: To be appropriated out of the
unappropriated general Fund Balance.
Councilmember Green requested that this agenda item be removed from the Consent Calendar to
inquire about the value of creating a strategic plan, asking for input from other Councilmembers.
Councilmembers Hansen and Bohr reported on their reasons for supporting the item. Mayor
Hardy also spoke in support of the item.
(13) August 15, 2005 - Council/Agency Minutes - Page 13
A motion was made by Green, second Bohr to 1. Approve use of Management Partners, Inc. to
facilitate the City Council Strategic Plan; and 2. Approve the Professional Services Contract
Between the City of Huntington Beach and Management Partners for Strategic -Plan Facilitation
for an amount not to exceed $28,751; and 3. Appropriate $28,751 from the unappropriated
General Fund Balance to cover the cost of the contract with Management Partners, Inc. The
motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved the Project Plans and Specifications and Awarded Construction
Contract to GMC Engineering for the Underhill Lane Improvements; CC-1272 (600.50)
The City Council considered a communication from the Acting Public Works Director
transmitting the following Statement of Issue: On July 26, 2005, bids were received for the
Underhill Lane Improvements, CC-1272. Staff recommends award to GMC Engineering, the
lowest responsive and responsible bidder. Funding Source: Funds are budgeted in the
Measure M Fund for Pedestrian Improvements; Account 21390004.82300. The engineer's
estimate for construction was $500,000.
Councilmember Green requested that this agenda item be removed from the Consent Calendar
to highlight that the project uses Measure M funds.
A motion was made by Green, second Coerper to 1. Approve the project plans and
specifications for the Underhill Lane Improvements, CC-1272; and 2. Accept the lowest
responsive and responsible bid submitted by GMC Engineering in the amount of $577,577.50;
and 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially
the same form as the attached sample contract. The motion carried by the following roll call
vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved the Project Plans and Specifications and Awarded Construction
Contract to R. J. Noble Company for the 2004/2005 Arterial Rehabilitation and Residential
Street Overlay Project Phase 1; CC-1223 (600.50)
The City Council considered a communication from the Acting Public Works Director
transmitting the following Statement of Issue: On July 26, 2005 bids were received for the
2004/05 Arterial Rehabilitation and Residential Street Overlay Project -- Phase 1, CC-1223.
Staff recommends the award to R.J. Noble Company, as the lowest responsive and responsible
bidder. Funding Source: Funds for this project are budgeted through Measure M Fund, Street
Improvements Account No. 21390008.82300. The engineer's cost estimate for this construction
contract is $2,891,600.
Councilmember Green requested that this agenda item be removed from the Consent Calendar
to highlight that the project uses Measure M funds.
(14) August 15, 2005 - Council/Agency Minutes - Page 14
A motion was made by Green, second Coerper to 1. Approve the project plans and
specifications; and 2. Accept the lowest responsive and responsible bid submitted by R. J.
Noble Company, in the amount of $2,895,952.98 for the 2004/2005 Arterial Rehabilitation and
Residential Street Overlay Project — Phase 1; CC-1223; and 3. Authorize 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. The motion carried by the following
roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(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) (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 as
recommended by the City Council Intergovernmental Relations Committee on an amendment to
Regulation 1802 pending before the California Board of Equalization, and authorize the Mayor
to communicate the City's position to the members of that Board.
A motion was made by Cook, second Coerper to OPPOSE — The proposed amendment to
Board of Equalization Rule 1802, and request that if the amendment is approved that the
change be prospective rather than retroactive. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved as Amended - Surplus Schools Draft Memorandum of
Understanding with Fountain Valley School District (110.10)
The City Council considered a communication from the Planning Director, Community Services
Director and City Attorney transmitting the following Statement of Issue: There is a need for
the city to conceptually approve a draft Memorandum of Understanding between the City and
the Fountain Valley School District relating to the disposition of Wardlow and Lamb School sites.
Community Services Director Jim Engle and Deputy City Attorney Leonie Mulvihill gave a
PowerPoint report titled Surplus Schools, Wardlow, Lamb, "Draft" Memorandum of
Understanding with the Fountain Valley School District, which was announced earlier as a Late
Communication.
Council inquiries ensued regarding deadlines for negotiation. Councilmember Hansen reported
on a Town Hall Meeting held the prior week. He suggested 6.8 — 7.0 acres would be more
adequate, and that the City concurrently pursue the Naylor Act purchase in the event
negotiations with the School District fail.
(15) August 15, 2005 - Council/Agency Minutes - Page 15
A motion was made by Hansen, second Bohr to direct City staff to meet and confer with the
Fountain Valley School District and return to City Council with a Memorandum of Understanding
(MOU) that provides for the disposition of Wardlow and Lamb School sites consistent with the
terms contained in the draft MOU included herein, amended to convey that 5.2 acres is
inadequate and Council's goal is to preserve the park, six fields and parking on the site, to
expedite the MOU negotiation process, and to continue to negotiate a purchase should MOU
fail. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3720 Amending Chapter 14.55 of the Huntington
Beach Municipal Code Relating to Annual CPIU Adjustment for Sewer Services (1000.20)
After the City Clerk read by title, a motion was made by Sullivan, second Green to adopt
Ordinance Number 3720 -"An Ordinance of the City of Huntington Beach Amending Chapter
14.55 of the Huntington Beach Municipal Code Relating to Annual CPIU Adjustment for Sewer
Service" Relating to Rates, Charges, and Annual CPIU (Consumer Price Index for all Urban
Consumers and Billing Methodology for the Sewer Service User Charge.) (Approved for
introduction August 1, 2005.) The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved for Introduction Ordinance No. 3721 Amending Chapter 13.48 of
the Huntington Beach Municipal Code Relating to Animals in the Park (500.10)
After the City Clerk read by title, a motion was made by Green, second Bohr to approve
introduction of Ordinance No. 3721 - "An Ordinance of the City of Huntington Beach Amending
Chapter 93.48 of the Huntington Beach Municipal Code Relating to Animals in the Park." The
motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Appointed Voting Delegate and Alternate to the Annual League of
California Cities Conference October 5-8, 2005 (120.20)
The City Council considered a communication from Mayor Jill Hardy transmitting the following
Statement of Issue: The Annual Conference for the League of California Cities will be held in
San Francisco, October 5-8.
An important aspect of the annual conference is the annual business meeting when the
membership takes action on conference resolutions. Each city is entitled to one vote in matters
affecting municipal or League policy. The League has requested that we notify them no later than
Monday, Sept 6, 2005 of the names of our delegate and alternate.
(16) August 15, 2005 - Council/Agency Minutes - Page 16
Councilmembers Bohr, Coerper, Cook, Green, and Hansen are currently registered to attend the
annual conference.
A motion was made by Bohr, second Hansen to appoint Councilmember Cook to serve as the
delegate and Councilmembers Coerper (1s` alternate) and Hansen (2"d alternate) to serve as the
alternate delegates for the City of Huntington Beach at this year's Annual Conference of the League
of California Cities, October 5-8. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Directed Staff to Conduct a Six -Month Trial and Report Back to Council a
Recommendation Regarding the Opening of the Gate Between the HCP Sports Complex
and the Central Library (560.10)
The City Council considered a communication from Mayor Pro Tern Dave Sullivan and
Councilmember Gil Coerper transmitting the following Statement of Issue: City Council approved
opening the gate between the HCP Sports Complex and Central Library parking lot for a trial period.
The goal was to determine if this action would generate additional weekend business for The
Stadium Club, the food concession within the sports complex, as well as evaluating the impact, if
any, on the Central Library patrons' ability to have adequate parking.
Library Services stationed a recurrent staff person near the gate to survey the number of persons
who parked their personal vehicles in the Central Library lot and then walked into the Sports
Complex. On average, 31 such cars with 60 passengers used the Central Library lot each day; at
$1 per vehicle; this resulted in an average daily loss of $31 in revenue. During that same time, the
Stadium Club generated $12,000 or $923 per day in gross revenue. The city receives 7Y2 percent
or $69 per day from this concession. There is no relevant historical data with which to compare this
revenue because the concessionaire had only begun operating and establishing a customer base in
April. The FIB Outdoor BBQ Snacks concession off Goldenwest generated $9,787 or $612 per day
in gross revenue for the same period.
A copy of the public's comments is attached, along with survey overview and revenues from both
food concessions. Ron Hayden, Library Services Director, informed the Central Library support
groups of the trial period and solicited comments. He reports that there were two individuals,
Friends of Library Board members, who indicated opposition to opening the gate.
We feel that the impact on the Central Library parking lot was minimal and, in fact, there were
positive comments by park users, including mothers with children who accessed the food
concession and playground. Before a final decision is made regarding the access gate, we
recommend that the issue be evaluated for an additional six-month period. We propose continuing
to open the gate on weekends, and give the Library Services Director the authority to close the
access gate when he feels the amount of library activity projected for a weekend might create a
shortage of parking. While Library Services would not station a staff person at the gate, Mr.
Hayden's staff would monitor Central Library patron and support group comments during this
extended trial period. Also, additional temporary signs would be posted on the weekends to identify
the lot as "Central Library Parking Only." This extended trial period would provide a more realistic
evaluation of any potential impacts on Central Library parking by HCP Sports Complex participants.
(17) August 15, 2005 - Council/Agency Minutes - Page 17
Mayor Hardy stated her opposition to the recommended action for reasons she had given at a
previous meeting.
A motion was made by Cook, second Sullivan to direct staff to conduct a six-month trial of opening
the HCP Sports Complex gate adjacent to the Central Library, and return to City Council with a final
recommendation at the end of that period. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES: Hardy
ABSENT: None
(City Council) Councilmember Hansen Stated Success of AVP Pro Event at the Beach
(120.85)
Councilmember Don Hansen spoke regarding the success of the AVP Pro Event held at the
beach the prior weekend.
(City Council) Mayor Pro Tern Sullivan Congratulated Councilmember Cook on Verizon
Presentation (120.85)
Mayor Pro Tern Dave Sullivan congratulated Councilmember Debbie Cook on her Verizon
presentation at the League of California Cities meeting.
(City Council) Councilmember Cook Voiced Concerns with New Legislation (120.85)
Councilmember Debbie Cook stated her concerns with new legislation that could restrict the
City's revenues from video and cable broadcasts.
(City Council) Mayor Hardy Congratulated Eagle Scout William Raschke (120.85)
Mayor Jill Hardy congratulated William Raschke on his Eagle Scout award.
Adjournment — City Council/Redevelopment Agency
Mayor Hardy adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach at 9:41 p.m. to Monday, August 22, 2005, at 4:00 p.m., in Room B-8 Civic
Center, 2000 Main Street Huntington Beach, California.
City CI#k and ex-o icio ler the City
Coun8ff of the City of Hunting n Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
City Clerk -Clerk