HomeMy WebLinkAbout2005-11-21Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, November 21, 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 4:33 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Coerper (arrived at 4:35 p.m.), Sullivan, Hardy, Green, Bohr, Cook
Absent: Hansen (Councilmember Hansen requested permission to be absent pursuant to
Resolution No. 2001-54)
No Public Comments
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 had been received by her office following distribution
of the agenda packet.
(City Council/Redevelopment Agency) Study Session Held: Redevelopment Agency
Funding Availability - Presentation Made Regarding Background and Goals for
Redevelopment Agency One -Time Revenue; and, Applicability to and Request for First
Proposed Project Defined as Seismic Strengthening of City Hall Administration Building.
(200.10)
City Administrator Culbreth-Graft introduced the topic and announced that Deputy City
Administrator Paul Emery would present the report. Deputy Emery gave a PowerPoint report
titled Redevelopment Agency Funding Availability — November 21, 2005, which was included in
the agenda packet. The report outlined the source of funding availability, restrictions on use of
funds, proposed projects including: improvements to City buildings, street lighting, parks and
park clubhouses, street and alley improvements, parking meters, storm drains, and water quality
projects. He announced the City has received $13 million to date, and expects to receive $6
million more by late 2006.
(2) November 21, 2005 - Council/Agency Minutes - Page 2
Building and Safety Director Ross Cranmer then spoke regarding the seismic strengthening of
City Hall. He reported the Administration Building is characterized by a concrete ductile frame
and was built in the 1970's. He illustrated vulnerabilities of the building due to building codes
followed in the 1970's, and reported a seismic evaluation was performed in 2003 with
substantial issues discovered. He reviewed illustrations of various strengthening solutions,
including chevron steel bracing and reported staff projection is $7 million for the project, not
including painting and other finishing. Mr. Cranmer announced a FEMA grant was awarded
September 9, 2005 and the project must be completed by 2008. He stated the next step, if the
project is approved tonight, is to send out a Request For Quotation (RFQ), enter the review
process, and then begin construction.
Councilmember Green inquired about firms interested in the project, and Director Cranmer
reported. Mayor Pro Tern Sullivan inquired about FEMA reimbursements and Director Cranmer
reported reimbursements received upon receipt of expenses paid, with a three to six months time
frame, and that federal monies are essentially reserved for the project. Councilmember Bohr asked
staff to consider potential future expansion of City Hall, and to include those plans in the
strengthening project if possible. Director Cranmer reported an investment of $7 million should
make City Hall structurally usable after a 6.5 earthquake, and not structurally usable after a 7.5
earthquake. City Administrator Culbreth-Graft reported on the goal to prevent loss of life, stating
especially vulnerable are the 41h and 51h floors. Councilmember Cook inquired about constructing a
new building on another site, with excess space for possible leasing. Director Cranmer reported,
stating this would not qualify for FEMA grant money. Mayor Hardy inquired about the cost of
building a new structure, then tearing down the old structure and Director Cranmer reported
between $10 and $20 million. City Administrator Culbreth-Graft reported on Councilmember
requests for expanded space and improved aesthetics.
Motion to Recess to Closed Session — Approved
A motion was made by Cook, second Coerper to recess to Closed Session on the following items.
The motion carried by consensus of all present, Hansen absent.
(City Council) Closed Session — Pursuant to Government Code Section 54957 to consider
personnel matters. Subject: Consider Review of Compensation for City Administrator,
Deputy City Administrator, Director of Building and Safety, Director of Planning, Director
of Economic Development, Fire Chief, Director of Information Services, Chief of Police,
Director of Library Services, Director of Public Works and Director of Community
Services. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives regarding labor relations matters. Agency Negotiators:
Penelope Culbreth-Graft, City Administrator; Chuck Thomas, Acting Deputy City Administrator;
Dan Villella, Finance Officer; and Irma Youssefieh, Human Resources Manager — meet and
confer with the following employee organization: SCLEA Subject: Labor Relations — Meet &
Confer. (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 Tracy Watson, Thomas Watson v. City of
Huntington Beach, et al.; United States District Court Case No. SACV 04-0141 DOC (ANx).
Subject: Tracy Watson, Thomas Watson v. City of Huntington Beach, et al. (120.80)
(3) November 21, 2005 - Council/Agency Minutes - Page 3
Reconvened City Council/Redevelopment Agency Meeting — 6:13 P.M. — Council
Chambers.
City Council/Redevelopment Agency Roll Call
Present: Coerper, Sullivan, Hardy, Green, Bohr, Cook
Absent: Hansen (Councilmember Hansen requested permission to be absent pursuant to
Resolution No. 2001-54)
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 Huntington Beach Scout Pack 557, Webelos Den 1.
Mayor Hardy asked those present to join her in singing God Bless America.
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 Paul Emery, Deputy City Administrator dated November 21, 2005
titled Late Communication — Item D-2 Comprehensive Fee Schedule.
Communication submitted by Jennifer Gonzalez, Public Affairs Manager of The Gas Company
dated November 21, 2005 requesting Council pull the Utility Company Encroachment Permit fee
from the Comprehensive Fee Schedule on the agenda.
Communication submitted by Damon D. Nowlin dated November 21, 2005 requesting Council
continue the prevailing wage requirement on City funded construction projects.
The Following Additional Late Communications Were Submitted During the Meeting:
Communication submitted by Ken Inouye titled OC Human Relations Annual Report 2004-2005.
Communication submitted by Jerry Dominguez, Public Affairs Region Manager of Southern
California Edison dated November 21, 2005 titled Re: Resolution 2005-74 requesting
clarification or deferment of sections 30 and 31 of the Comprehensive Fee Schedule.
Communication submitted by Richard Slawson, Executive Secretary of the Los Angeles/Orange
County Building and Construction Trades Council dated November 18, 2005 titled Prevailing
Wage Study requesting Council continue the current City Prevailing Wage policy.
(4) November 21, 2005 - Council/Agency Minutes - Page 4
Presentation — Mayor Jill Hardy called on Southern California Edison Region Public Affairs
Manager Jerry Dominguez who presented a rebate check to Public Works Director Robert F.
Beardsley in the amount of $9,925. The rebate is for a recently completed well project that was part
of Edison's "Savings by Design" program. The well is equipped with a highly efficient electric motor
that will provide tremendous power savings, equating to annual energy savings of approximately
$33,000. Mr. Dominguez recognized Mr. Beardsley and Utilities Manager Howard Johnson for their
efforts. (160.40)
Presentation — Mayor Jill Hardy called on Orange County Human Relations Commission (OCHRC)
Board Member Ken Inouye and Huntington Beach Human Relations Task Force Vice Chair
Gwendolyn Black who presented the annual OCHRC report to the City Council. Mr. Inouye offered
special recognition to Police Chief Ken Small for efforts regarding crime prevention. A Certificate of
Recognition was presented to the Mayor. (160.40)
Presentation — Mayor Jill Hardy called on Community Services Director Jim Engle who presented
commendations to Debra Coombs, President and Dan Lawler, Johnathan Hovanec and Ben Suh,
representatives from the South Coast Apartment Association for their work to renovate the Rodgers
Seniors' Center, in honor of Charity Day. Director Engle also presented PowerPoint slides to
illustrate the renovations done. (160.40)
Presentation — Mayor Jill Hardy awarded gifts to Senior Administrative Analyst Pat Dapkus,
Community Relations Officer Laurie Payne, and Council Administrative Assistant Cathy Fikes who
have provided exceptional service to the Mayor during her year in office. (160.40)
(City Council) Deferred to a Date Uncertain — Direction to the Finance Board to Make a
Report and Recommendation to the City Council on the Prevailing Wage Issue (110.10)
The City Council considered a communication from Mayor Pro Tern Dave Sullivan transmitting the
following Statement of Issue: At a City Council/Finance Board Study Session on October 17,
2005, the Finance Board recommended that the City Council:
1. Adopt a policy to accept non -prevailing wage bids whenever possible.
2. Provide staff the option of sourcing funds in the budget that would maximize opportunities to
obtain non -prevailing wage contracts.
The Finance Board indicated that the City could save over $1 million per year by eliminating its
prevailing wage policy. Various union officials presented a different viewpoint.
Mayor Pro Tern Sullivan announced that he is deferring this item to a date uncertain due to the
absence of one of the Councilmembers.
Public Comments
Jerry Dominguez, Public Affairs Region Manager of Southern California Edison, spoke regarding
the public hearing pertaining to the amending of the fee schedule. Mr. Dominguez thanked City
staff for their assistance, referred to a letter he provided to Council, and announced that a meeting
is scheduled with staff to continue with discussions of the issue.
(5) November 21, 2005 - Council/Agency Minutes - Page 5
Jennifer Gonzalez, Public Affairs Manager of The Gas Company, commended staff — particularly
City Engineer Dave Webb — for efforts made to meet with utility representatives. She voiced concern
with utility encroachment fee increase of 32% and requested an opportunity for further discussions
with staff. Ms. Gonzalez asked Council to pull the fee tonight, and consider it at a later date.
Tim Geddes, southeast Huntington Beach resident, congratulated Mayor Hardy on a successful
and productive year in office and requested Council defer the Poseidon issue until after the first of
the year to minimize holiday pressures.
Theresa Chaque, 21-year resident of Brush Drive, stated 64% of residents on the street are
opposed to the removal of mature trees in order to refinish gutters and sidewalks. She asked
Council why 75% of homeowners are required to sign a petition to halt the project. Ms. Chaque
spoke regarding the value of the trees and meetings she attended with City staff and committees.
Councilmember Cook asked when the work mentioned by the previous speaker is scheduled.
Public Works Director Robert F. Beardsley reported the project is slated for this fiscal year, but that
staff is waiting for an evaluation of the opposition. He confirmed that the work wouldn't begin
without Council being informed. Councilmember Coerper inquired about liability for root and gutter
problems if the project is halted. City Attorney Jennifer McGrath reported that the City would
remain liable absent an agreement with property owners.
Steve Stafford commended Mayor Hardy on her year in office. He voiced concerns about
problems in the area he lives. Mr. Stafford stated dissatisfaction with comments made at the last
Council meeting, and asked Councilmember Hansen to meet with him to tour the area in which he
lives.
Councilmember Bohr requested staff to respond to the previous speaker's concerns. City
Administrator Culbreth-Graft reported on numerous meetings with the speaker and hundreds of
hours spent to investigate his concerns. She stated results of investigations have found the
homeowners' association is responsible, specifically with a fencing issue.
Jim Spry, resident, spoke in opposition to changes to the prevailing wage ordinance. Mr. Spry
stated he is a member of Operating Engineers Local 12, and his intention to return when the issue
is agendized.
William Davis, representing the Teamsters, spoke in support of prevailing wage and in opposition
to any changes. Mr. Davis cited legislative decisions on the topic, and suggested it would be
unwise to change the ordinance in Huntington Beach at this time.
Mickey Totten, resident and member of I.U.O.E. Local 12, spoke regarding a previous study
session discussion on prevailing wages and concerns about losing contractors who use union
employees to bid on projects. Mr. Totten also voiced his opinions on the City's fiscal responsibility
to taxpayers, and stated support for prevailing wages.
Ryan Townsend, resident and member of Local 12, asked Council to support prevailing wages.
Josh Wiggins, resident and member of Local 12, asked Council to keep prevailing wages in order
for individuals to be able to reside in Huntington Beach.
Mark Deweese, I.U.O. E. Local 12, spoke in opposition to any changes to the prevailing wage
ordinance.
Danh Thao, member of I.U.O.E. Local 12, stated his support for prevailing wages.
(6) November 21, 2005 - Council/Agency Minutes - Page 6
Bill Blume spoke regarding contractors involved with the Bella Terra project, stating lack of benefits
for many of the workers. Mr. Blume voiced support for apprenticeship programs and asked
Councilmembers to state their opinions on prevailing wage amounts.
Louis Pando, 13-year resident, voiced concerns about health care if prevailing wage is removed.
Mr. Pando asked Council not to repeal the ordinance for reasons related to standards of living,
support of families, and benefits of skilled labor in the community.
Owen Smith stated he has been a contractor for 45 years with numerous affiliations and voiced his
support for prevailing wage. Mr. Smith urged Council to retain the prevailing wage ordinance.
Ray Burruel stated he is a union member and urged Council to retain prevailing wage so
individuals can continue to live and spend money in the City.
William Meyers, 8-year resident and Navy veteran, spoke in support of prevailing wage, citing
benefits.
Fred Steiner, affiliated with PIPE, voiced his support of prevailing wage and the spoke regarding
disadvantages of working with contractors that do not support prevailing wage.
Robert Lamb, representing 44 members of Local 12, stated his support for prevailing wage and his
interest in enjoying the City, if he is financially able. He stressed training offered by union
journeymen, resulting in skilled workers. Mr. Lamb also spoke regarding unions being open rather
than closed societies.
Dewey Gulley, resident and member of Local 12, voiced perceived difficulties living in Huntington
Beach due to the high cost of living. He stated his desire to remain in the City and stressed the
importance of health benefits, and of keeping prevailing wage.
Glen Nolte, affiliated with Local 582, thanked Council for its patience and spoke in support of
prevailing wage. Mr. Nolte stated a significant number of people rely on prevailing wages directly
and indirectly.
Dustain Hollaway, resident, spoke in support of prevailing wage.
Christopher Cataldo, 25-year resident, voiced his support for prevailing wage. He also spoke
regarding the disadvantages of using less expensive labor and potential for accidents on jobsites.
Paula Michaud, 16-year resident and Project Self Sufficiency graduate, spoke regarding the
challenges faced by immigrants and her struggles to meet the cost of living. Ms. Michaud voiced
her support of apprenticeship programs.
Al Ybarra, member of Orange County Central Labor Council, stated there is a decrease in jobs in
Orange County and a resulting decrease in union membership. He stated his support for prevailing
wage and for well -trained workers. Mr. Ybarra asked the Mayor Pro Tern to defer the item
permanently.
Emil Forrest Davis, resident and Local 582 member, asked Council to retain prevailing wage.
Lou Correa, Supervisor, First District, Orange County Board of Supervisors, spoke regarding the
agenda item pertaining to the Wildland Conservancy request and urged Council and the City to
create a Blue Ribbon Task Force. He emphasized the value of the Santa Ana River, especially to
Huntington Beach. He spoke regarding a 110-mile "River of Life," Senate Bill 153 funding, and
(7) November 21, 2005 - Council/Agency Minutes - Page 7
asked Council to create a vision for the river in Huntington Beach. He displayed illustrations of
concepts to upgrade the river areas including bike trails and interpretive areas. Mr. Correa also
stated his support for prevailing wage.
Richard Slawson, Executive Secretary of the Los Angeles/Orange County Building and
Construction Trades Council, spoke in support of prevailing wage and voiced his disappointment
that Council would not discuss the item at this meeting. He asked members of the audience in the
Council Chambers who support prevailing wage to stand. Mr. Slawson referred to reports on the
subject, and quoted those that give justification for the existence of prevailing wage.
David Lacy stated he is a third generation Huntington Beach resident and spoke in support of
prevailing wage.
Adam Orozco, 27-year resident and member of Local 803, voiced his support for prevailing wage
and cited the high cost of living in the area. Mr. Orozco attributed success in life to his union job
and having a trade.
Mike Nielsen stated he is a resident and an apprentice and spoke in support of prevailing wage.
Mr. Nielsen voiced his desire to remain a resident of the City.
Terry Martin, member of Local 250, stated he represents 113 union members that live in the City.
He voiced reasons for supporting prevailing wage and skilled union workers and asked Council to
eliminate the item from the agenda.
Patrick Kelly, Teamsters Local 952, spoke in support of prevailing wage and thanked the public
speakers that attended the meeting. He stated his disappointment with Council's consideration of
repealing the ordinance. Mr. Kelly urged Council to reconsider the issue and to think long term.
Scott Gunter, resident, spoke in favor of prevailing wage, health care, and providing for families.
Mr. Gunter attributed his success to his union position.
Jim Adams, affiliated with the Los Angeles/Orange County Building and Construction Trades
Council, asked Council to retain the prevailing wage requirement. He voiced his opinion that it is a
worker issue, and Council should consider the effects of repealing the ordinance on residents who
are union workers. Mr. Adams stated his disagreement with the Finance Board's recommendation,
and stressed the importance of skilled workers.
Clinton Weinrich, 15-year resident, voiced his opposition to eliminating prevailing wages.
(City Council) Councilmembers Coerper and Green and Mayor Pro Tern Sullivan
Reported on "3/1" Marine Battalion Committee (110.10)
Councilmember Coerper gave an oral update on the "3/1" Marine Battalion committee. He
announced care packages assembled in part by Mayor Pro Tern Sullivan, Cindy Cross, and
First Christian Church members. He reported that he was able to collect 31 turkeys from local
grocery stores and to deliver them to "3/1" families. Mayor Pro Tern Sullivan reported 300 care
packages were assembled with the help of First Christian Church. Councilmember Coerper and
Councilmember Green reported on two recent casualties and numerous injuries among the
"3/1," and offered condolences.
(8) November 21, 2005 - Council/Agency Minutes - Page 8
(City Council) Councilmember Green Reported on Orange County Transportation
Authority (OCTA) Meeting (800.45)
Councilmember Green reported on a November 14, 2005 Board meeting vote which approved a
feasibility study to extend the 57 freeway to the 405 freeway through the Santa Ana River
Channel. She voiced her opposition to the study, which she stated is cost prohibitive, and to the
proposed project. She suggested individuals email OCTA to express any concerns.
Councilmember Cook and Mayor Hardy stated their concurrence with Councilmember Green's
comments.
(City Administrator's Report/City Council) Conditional Use Permit No. 02-04/Coastal
Development Permit No. 02-05 — Poseidon Seawater Desalination Project Continued to
January 9, 2006. Public Hearing Regarding an Owner Participation Agreement Between
the Redevelopment Agency and Poseidon Resources Inc. is also Scheduled for January
9, 2006. (160.10)
Mayor Pro Tem Sullivan reported on emails received from citizens requesting continuance of this
item.
A motion was made by Sullivan, second Cook to continue the item to the second regular meeting in
January 2006. (Vote to follow)
Councilmember Green stated her opposition to the motion due to personal calendar conflicts.
Councilmember Coerper inquired if the Poseidon applicant had issues with delaying the public
hearing, and stated his support for the motion. He also asked the City Attorney's opinion. Attorney
McGrath stated no legal issues with delaying the item until January.
Mr. Owens of Poseidon Resources responded to Councilmember Coerper's inquiry, stating his
preference that Council considers the item as quickly as possible.
Councilmember Bohr spoke in favor of holding the hearing as soon as possible.
Mayor Hardy stated her support for the motion.
Mayor Pro Tem Sullivan inquired of Councilmember Green's availability after the New Year.
Councilmember Green declined to state her availability, stating her preference to hold the public
hearing on December 19, 2005.
The Maker of the motion amended to schedule a meeting on Monday, January 9, 2005 at 6 p.m.
The Second to the motion accepted the amendment.
The amended motion was approved by the following roll call vote:
AYES: Coerper, Sullivan, Hardy, Bohr, Cook
NOES: Green
ABSENT: Hansen
(9) November 21, 2005 - Council/Agency Minutes - Page 9
(City Council) Public Hearing Held - Adopted Resolution No. 2005-73 Adopting the 2005
Urban Water Management Plan Pursuant to AB 797 and SB 1011. (1000.90)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the
following: Statement of Issue: Consider adoption of the City's 2005 Urban Water
Management Plan. The Urban Water Management Planning Act of 1983 requires that the City
adopt an Urban Water Management Plan every five years. The 2005 Urban Water
Management Plan is submitted to the State Department of Water Resources every five years
pursuant to the Urban Water Management Planning Act of 1983. The Plan is a general
information document and complements the plan of the Municipal Water District of Orange
County and the Southern California Metropolitan Water District. The purpose of Huntington
Beach's plan is to provide a local perspective and analysis of the current and alternative water
conservation activities of the City.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Public Works Director Robert F. Beardsley presented an oral report.
The City Council declined presentation of a PowerPoint report titled City of Huntington Beach
2005 Urban Water Management Plan - November 21, 2005 which was included in the agenda
packet.
Mayor Hardy declared the public hearing open.
City Clerk Joan L. Flynn stated for the record that no Late Communications pertaining to this
public hearing were received.
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 Coerper, second Bohr to adopt City Council Resolution No. 2005-73, "A
Resolution of the City Council of the City of Huntington Beach Adopting the Urban Water
Management Plan Pursuant to AB 797 and SB 101 V' The motion carried by the following roll
call vote:
AYES: Coerper, Sullivan, Hardy, Bohr, Cook
NOES: None
ABSENT: Hansen (Green out of room)
(City Council) Public Hearing Held — Adopted as Amended Resolution Nos. 2005-74,
2005-75 and 2005-76 Amending the Comprehensive Fee Schedule Including City User
Fees, Rate/Charges and Development Fees. (340.20)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the
following: Statement of Issue: Consider the adoption of resolutions amending the
Comprehensive Fee Schedule including City user fees, rates/charges and development fees.
The revisions to be considered are for cost recovery purposes and to set charges for public
access and use of certain City property for the purpose of raising revenue, and fall under the
responsibility of the following City Departments:
(10) November 21, 2005 - Council/Agency Minutes - Page 10
• Building and Safety Department
• City Administrator's Office
• City Clerk's Office
• City Treasurer's Office
• Community Services Department
• Economic Development Department
• Fire Department
• Library Services Department
• Police Department
• Planning Department
• Public Works Department
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
City Administrator Penny Culbreth-Graft presented an oral report.
The City Council declined presentation of a PowerPoint report titled Cost Recovery Study Findings,
City of Huntington Beach, November 21, 2005 which was included in the agenda packet.
Mayor Hardy declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the following Late
Communications which pertain to this public hearing:
Communication submitted by Paul Emery, Deputy City Administrator dated November 21, 2005
titled Late Communication — Item D-2 Comprehensive Fee Schedule.
Communication submitted by Jennifer Gonzalez, Public Affairs Manager of The Gas Company
dated November 21, 2005 requesting Council pull the Utility Company Encroachment Permit fee
from the Comprehensive Fee Schedule on the agenda.
Communication submitted by Jerry Dominguez, Public Affairs Region Manager of Southern
California Edison dated November 21, 2005 titled Re: Resolution 2005-74 requesting
clarification or deferment of sections 30 and 31 of the Comprehensive Fee Schedule.
Steve Stafford voiced his support for the recommended action and stated his opinion there is a
need for better staffing levels at City Hall.
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.
Mayor Pro Tern Sullivan asked for clarification on Police Department fees and the definition of
"SOB." Police Chief Ken Small reported.
Mayor Pro Tern Sullivan then asked for clarification on the Fire Department inspection fee for
private schools versus public schools. Fire Chief Duane Olson reported fees charged to public
schools are based on square footage. He later corrected the comment and reported no
inspection fee is charged to public schools. Mayor Pro Tern Sullivan asked about inspections at
other public agencies such as the Sanitation District, and the Fire Chief reported there is a fee
charged. Councilmember Cook asked for clarification of jurisdiction issues on state property.
(11) November 21, 2005 - Council/Agency Minutes - Page 11
Councilmember Green stated she had issues with high fees and lack of service improvements.
She voiced her opposition to increasing some fees. Councilmember Bohr stated his agreement
with Councilmember Green's comments regarding Planning Department fees. He gave an
example of a several hundred percent increase in fees.
Deputy City Administrator Paul Emery spoke regarding meetings with Chamber of Commerce
representatives and stated they have not taken issue with the fee amounts. Councilmember
Bohr asked for confirmation that Planning items will return to Council with more information.
A motion was made by Bohr, second Cook to approve the recommended action as amended to
eliminate the utility encroachment user fees, include requested meeting with staff and utility
companies, and a report from staff. (Vote to follow)
City Administrator Culbreth-Graft reported on grant requirements.
Councilmember Cook inquired about Community Services Photography/Application fees.
Director Jim Engle reported. City Attorney Jennifer McGrath reported further investigation
necessary. Councilmember Coerper inquired about fees as compared to other cities and City
Administrator Culbreth-Graft reported.
Mayor Pro Tern Sullivan spoke regarding the Vehicle Release fee and asked for no change.
The Maker and Second to the motion agreed to this amendment.
Mayor Pro Tern Sullivan urged Council to reject Planning Department User and Developer fee
increases and to accept the lower of the two (new and old) fees. The Maker and the Second to
the motion agreed to this amendment. Councilmember Cook clarified some of the Planning
Department fees were reduced. City Administrator Culbreth-Graft spoke regarding subsidizing
developers by rejecting fee increases.
Councilmember Cook spoke regarding pages 27 and 28 of the staff report and asked for more
time to analyze before voting. She asked staff to create a report that addresses the reasons for
fee increases or reductions.
Mayor Hardy restated the motion: To
1. Adopt City Council Resolution No. 2005-74, "A Resolution of the City Council of the City of
Huntington Beach Establishing a Citywide Fee Schedule and Repealing Resolution No.
2003-63, and
2. Adopt City Council Resolution No. 2005-75, "A Resolution of the City Council of the City of
Huntington Beach Establishing a Citywide Fee Schedule and Repealing Resolution Nos.
2003-64 and 2004-03, and
3. Adopt City Council Resolution No. 2005-76, A Resolution of the City Council of the City of
Huntington Beach Establishing a Citywide Schedule for Charges For Facility Rentals and
Recreation Services and Repealing Resolutions 2003-65, 2004-15, 2004-67 and 2005-63;
and
4. Approve the addition of a Combination Structural Inspection Supervisor to the Building and
Safety Department's table of organization.
(12) November 21, 2005 - Council/Agency Minutes - Page 12
As amended to include the following exceptions: No Change to Utility Encroachment fee, no
change to Film Application fee, no change to Police Department Vehicle Release Fee, and all
Planning Fee increases.
Chief Small reported on the Vehicle Release fee, and the danger of subsidizing service if the fee
is not increased. Mayor Pro Tern Sullivan asked for clarification on fee amount and a
comparison to other cities. Chief Small reported on the goal to seek 100% recovery.
Mayor Pro Tern Sullivan suggested amending the motion to remove Police Department Vehicle
Release fee as an exception. The amendment was accepted by the Maker and the Second to
the motion. The amended motion was approved by the following roll call vote:
AYES: Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: Hansen
Councilmember Bohr exited the meeting at 8:50 p.m.
Consent Calendar — Item Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(City Council) Amendment to the Children's Needs Task Force (CNTF) Bylaws to Extend the
Term of Chair to Three Years
Consent Calendar — Items Approved
On motion by Coerper, second Sullivan Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Coerper, Sullivan, Hardy, Green, Cook
NOES: None
ABSENT: Hansen, Bohr
(City Council) Approved the Release of Securities for Tract 15816 (Northeast Corner of
Beach Boulevard and Atlanta Avenue) to William Lyon Homes and Accepted the Public
Improvements. (420.60) — 1) Accepted the improvements constructed and dedicated for
public use with Tract 15816; and, 2) Accepted Guarantee and Warranty Bond No. SU5016929;
the security furnished for guarantee and warranty of improvements, and instructed the City
Clerk to file the bond with the City Treasurer; and, 3) Released the Faithful Performance/Labor
and Material Bond No. 3SM98669500 and Monument Bond No. 3SM98669600 pursuant to the
California Government Code Section No. 66499.7(a); and, 4) Instructed the City Clerk to notify
the developer, William Lyon Homes, Inc., A California Corporation, of this action and the City
Treasurer to notify American Motorists Insurance Company, of this action; and, 5) Instructed the
City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the
Orange County Recorder. Submitted by the Director of Public Works. Funding Source: Not
Applicable.
(13) November 21, 2005 - Council/Agency Minutes - Page 13
(City Council) Approved Employment Agreement Between the City of Huntington Beach
and Robert W. Hall for the Position of Deputy City Administrator (600.10) 1) Approved the
appointment of Robert W. Hall 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 Robert W. Hall for the position of Deputy City Administrator.
Submitted by the Acting Deputy City Administrator. Funding Source: The position of Deputy
City Administrator is a budgeted position in fiscal year 2005/2006. No additional funding is
required.
(City Council/Redevelopment Agency) Approved Appropriation Request to Match the
Approved FEMA Grant To Seismically Strengthen the Administration Building of City
Hall; Adopted City Council Resolution No. 2005-77 and Redevelopment Agency
Resolution No. 356 Making Certain Determinations and Findings. (200.20) —
1) Approved the acceptance of the FEMA Grant for 75% reimbursement (not to exceed $3
Million Dollars) of the cost to study, design, manage and construct the seismic strengthening of
the Administration Building at City Hall; and, 2) Adopted City Council Resolution No. 2005-77,
Consenting to payment by the Redevelopment Agency of certain costs related to the seismic
rehabilitation of the Administration Building of City Hall and making certain determinations and
findings pursuant to Health and Safety Code Section 33445; and, 3) Approved the appropriation
of $4 Million from the Unappropriated Redevelopment Agency Fund Balance, Fund 305; and, 4)
Adopted Redevelopment Agency Resolution No. 356 agreeing to pay certain costs related to
the seismic rehabilitation of the Administration Building at City Hall and making certain
determinations and findings pursuant to Health and Safety Code Section 33445. Submitted by
the Director of Building and Safety and the Director of Economic Development/Deputy
Executive Director. Funding Source: The funding source is the unappropriated Redevelopment
Agency Fund Balance, Fund 305 for the match of the approved FEMA Grant. The FEMA
funding is a grant that will be funded by revenues not anticipated in the original budget and will
not affect the fund balance of any other fund.
(City Council) Approved Sole Source Procurement from Industrial Design Research for
Purchase and Installation of Two City Beach Lifeguard Towers and Tower Base
Equipment at a Cost of $73,219. (600.10) — Approved sole source procurement from
Industrial Design Research for purchase and installation of two city beach lifeguard towers and
tower base equipment at a cost of $73,219. Submitted by the Director of Community Services.
Funding Source: Funds are encumbered in the FY 05-06 budget, in Non -Departmental
Community Services Equipment Replacement, Marine Safety, General Equipment Account
10040207.83700.10045207c ($73,219) for purchase and installation of two (2) lifeguard towers
and one (1) tower base.
(City Council) Approved the Appointment of Brenda Wooten Schock and Cynthia L.
Goebel and Reappointment of Steve Gullage and Daniel Kittredge as Members to the
Mobile Home Advisory Board. (430.80) — 1) Approved the appointment of Brenda Wooten
Schock as Mobile Home Resident Representative, and Cynthia L. Goebel as Mobile Home Park
Owner Representative, to the Mobile Home Advisory Board, both with terms to expire August 5,
2009; and, 2) Approved reappointment of Steve Gullage as Mobile Home Resident
Representative, and Daniel Kittredge as Resident At -Large Representative, to the Mobile Home
Advisory Board, both with terms to expire August 5, 2009. Submitted by the Director of
Economic Development. Funding Source: Not applicable.
(14) November 21, 2005 - Council/Agency Minutes - Page 14
(City Council) Approved an Amendment to the Children's Needs Task Force (CNTF)
Bylaws to Extend the Term of Chair to Three Years. (570.70)
The City Council considered a communication from the Director of Community Services
transmitting the following Statement of Issue: The Children's Needs Task Force (CNTF) would
like to amend its bylaws concerning the term of the Chair.
Councilmember Cook requested that this agenda item be removed from the Consent Calendar
to ask for clarification on the request. Community Services Director Jim Engle reported, stating
the bylaws of this committee require Council approval.
A motion was made by Cook, second Green to approve an amendment to the Children's Needs
Task Force bylaws to extend the term of Chair to three years. The motion carried by the
following roll call vote:
AYES: Coerper, Sullivan, Hardy, Green, Cook
NOES: None
ABSENT: Hansen, Bohr
(City Council) Adopted Ordinance No. 3723 Amending Chapter 2.64 of the Huntington
Beach Municipal Code Relating to the Community Services Commission Which Removes
School District Residency Requirements of Certain Commission Members (920.80)
After the City Clerk read by title, a motion was made by Sullivan, second Coerper to adopt
Ordinance No. 3723 —An Ordinance of the City of Huntington Beach Amending Chapter 2.64
of the Huntington Beach Municipal Code Relating to the Community Services Commission."
(Approved for Introduction November 7, 2005) The motion carried by the following roll call vote:
AYES: Coerper, Sullivan, Hardy, Green, Cook
NOES: None
ABSENT: Hansen, Bohr
(City Council) Declined to Approve Waiving the Usual Charge for Placing an Insert in the
City Water Bills and Waive the Cost for Printing the Insert in the City Print Shop. (120.70)
The City Council considered a communication from Councilmember Coerper transmitting the
following Statement of Issue: As you know, in March of this year, the City Council adopted a
Marine Battalion based out of Camp Pendleton. Specifically, we adopted the 3`d Battalion — 1st
Division Marines (The 3-1).
Shortly thereafter, a citizen committee was formed with a mission as follows:
"To support the Marines and Sailors of the 3rd Battalion, 1st Marine Regiment, 1st
Marine Division, and their dependents and families, and to be especially responsive
to emergencies and special needs which may occur while the battalion is deployed
defending our great nation."
To assist them in making the citizens of Huntington Beach aware of their efforts and to offer
them an opportunity to participate, the 3-1 Committee would like to place an insert in an
upcoming water bill. A draft copy of their insert is attached.
(15) November 21, 2005 - Council/Agency Minutes - Page 15
In our role as sponsors of the 3-1, 1 would request that the City Council waive the usual charge
of 2 cents per item for placing the insert in the water bill and that we also waive the cost to have
the city print shop print the insert.
Councilmember Coerper reported orally. Councilmember Cook inquired about gifts of public
funds, and stated her preference to establish a policy for consistency. City Attorney McGrath
reported on necessary Council discussion to support decisions. Councilmember Coerper
clarified the "3/1" Committee is a City committee, and asked for Council support.
Councilmember Cook voiced concern with the City being inundated with requests for free inserts.
City Administrator Cuibreth-Graft requested no policy changes tonight until a fiscal impact can be
studied. Mayor Hardy inquired about the total cost of the request and City Administrator
Culbreth-Graft reported $2,000. Mayor Pro Tern Sullivan voiced concerns with the expense and
opposition to the recommendation. Mayor Hardy stated her opposition to the recommendation,
citing other numerous worthy causes, the budget, and a desire for consistency.
Councilmember Coerper inquired of the City Treasurer about the costs of the "3/1" insert,
payment options, and if there is history of other requests to waive costs. Treasurer Friedenrich
reported. Councilmember Coerper subsequently withdrew his request. Councilmember Cook
stated her opinion that the response from the mailer will exceed the cost of mailer, should the
committee decide to invest the funds. Councilmembers stated their support for the "3/1"
Committee and its efforts.
(City Council) Approved Wildland Conservancy Request for Creation of a Huntington
Beach Blue Ribbon Committee to Development a Vision for the Santa Ana River. (120.25)
The City Council considered a communication from Councilmember Green transmitting the following
Statement of Issue: The Wildlands Conservancy is requesting that the Huntington Beach City
Council create a blue ribbon committee to develop the city's vision for the Santa Ana River.
Currently the Cities of Riverside and San Bernardino have completed their vision documents and
are working on projects identified in them. The Cities of Redlands, Colton, and Santa Ana have
committees working on their vision document.
The Santa Ana River is a beautiful ribbon of nature that flows through most of Orange County's
urban communities with few parks or nature areas. A substantial portion of the 110 miles of the
river flow through our city, and it terminates at our shores.
Since the Santa Ana River has a major impact on the City of Huntington Beach and its residents, it is
important for Huntington Beach to play a role in creating a vision for its future. I am, therefore,
recommending that we form a blue ribbon committee to create our city's vision for the Santa Ana River.
Councilmember Green reported orally. Councilmember Cook suggested this committee be
modeled after the Harbour Waterways Committee.
A motion was made by Green, second Cook to approve creation of a blue ribbon committee to
create the City's vision for the Santa Ana River. The Committee to be made up of three City
Councilmembers with Councilmember Green as one of the three members. The motion carried
by the following roll call vote:
AYES: Coerper, Sullivan, Hardy, Green, Cook
NOES: None
ABSENT: Hansen, Bohr
(16) November 21, 2005 - Council/Agency Minutes - Page 16
(City Council) Approved Recommendations of the Huntington Harbour Waterways City
Council Subcommittee Regarding the Pierhead Line. (820.30)
The City Council considered a communication from Councilmembers Green and Cook, and Mayor
Pro Tern Sullivan transmitting the following Statement of Issue: On November 6, 2002, the City
Council considered proposed draft amendments to the Huntington Beach Municipal Code related to
harbor and boating regulations. At that time, Council directed the existing Water Quality Committee
to address the following issues: Clean Water Act of the U.S.; dock construction and permitting;
pierhead lines; dredging, and funding.
The committee has concluded its review regarding pierhead lines and is recommending the
Huntington Beach Municipal Code Section 13.16.080 be amended to: (1) prohibit vessels from
being tied -up or moored in a manner that creates a navigational hazard or dangerous condition as
determined by the Orange County Harbor Patrol; and (2) prohibit the placement of a pylon, dock,
float or other structure beyond the pierhead line.
Councilmember Cook reported orally.
A motion was made by Cook, second Green to direct the City Attorney to draft an Ordinance
amending 13.16.080 consistent with this H-item. (Vote to follow)
Councilmember Coerper inquired about the effect on pierhead lines and enforcement.
Councilmember Cook reported the Harbor Patrol would need to determine that a navigational
hazard is present and then the City would enforce the ordinance. Councilmember Coerper inquired
about notification to the public. Councilmember Green reported the committee voted for this action
some time ago, after years of discussion. Councilmember Coerper asked about impacts if
responsibility shifts from the County. City Attorney McGrath reported.
The motion carried by the following roll call vote:
AYES: Coerper, Sullivan, Hardy, Green, Cook
NOES: None
ABSENT: Hansen, Bohr
(City Council) Mayor Pro Tern Sullivan Reported Art Center Tenth Anniversary Event (120.85)
Mayor Pro Tern Dave Sullivan reported he had attended the Art Center's Tenth Anniversary
event.
(City Council) Councilmember Coerper Thanked U.S. Air Force Academy Band,
Announced Attendance at Well Dedication and Eagle Court of Honor, and Thanked Police
and Fire Departments for Guns and Hoses Event (120.85)
Councilmember Gil Coerper thanked the U.S. Air Force Academy Band for their performance at
First Christian Church. He announced he attended the Well #12 dedication, Eagle Scout Courts
of Honor for Phillip James Battis, Sam Adams, and Ryan Gustafson. He thanked the Police
Department and the Fire Department for their efforts with the Guns & Hoses fundraising event,
and announced an upcoming Police Department Christmas party.
(17) November 21, 2005 - Council/Agency Minutes - Page 17
(City Council) Mayor Hardy Announced Sister City Application Deadlines and One
Hundred Year Anniversaries. (120.85)
Mayor Jill Hardy announced Wednesday, November 23, 2005 is the normal deadline for Sister
City applications and the New Zealand full application deadline has been extended to November
30, 2005. She also announced One Hundred Year anniversaries for the First Christian Church
and Huntington Beach High School.
Adjournment — City Council/Redevelopment Agency
Mayor Hardy adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach at 9:35 p.m. to Monday, December 5, 2005, at 6:00 p.m., in the Council
Chambers, 2000 Main Street Huntington Beach, California.
City ClIf and ex-officio Clerk the City
Counciof the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
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City Clerk -Clerk