HomeMy WebLinkAbout2006-05-01Minutes
Council/RDA Meeting
City Council/Redevelopment Agency
City of Huntington Beach
Monday, May 01, 2006
4:00 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 4:00 p.m. portion of this meeting
and a videotape of the 6:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Call to Order
Mayor Sullivan called the regular meeting of the City Council/Redevelopment Agency of
the City of Huntington Beach to order at 4:04 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook.
Absent: None.
The City Clerk Announced No Late Communications Pertaining to the 4:00 P.M.
Portion of the Meeting.
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced no
Late Communications regarding Study Session or Closed Session items had been
received by her office following distribution of the agenda packet.
No Public Comments Regarding the 4:00 P.M. Portion of the Council Meeting.
Call 4th of July Board Meeting to Order
Present: Co -Chair Cianciabella, Co -Chair Stier, Vice -Chair Pedersen,
Board Member Newton.
Absent: Board Members Farley, Gomez, Kang.
Steve Daniel with the Downtown Business Improvement District was also present.
(City Council) Study Session #1 Held — Discussion Regarding Expenses and
Revenue Required to Put on the Annual 4th of July Parade and Celebration (960.70)
City Administrator Penny Culbreth-Graft introduced Paul Tate, visiting from Sister City
Waitakere, New Zealand. Councilmember Cook noted that the City Hall in Waitakere is
relocating closer to the rail line, which will reduce parking needs.
May 1, 2006 — Council/Agency Minutes — Page 2 of 20
Community Services Director Jim Engle gave a PowerPoint report titled City Council and
Fourth of July Executive Board Study Session May 1, 2006, which was included in the
agenda packet. He introduced the Board members present and the liaison to the Board,
Special Events Coordinator Naida Osline. Director Engle described the history of the
event and the impetus for locating the fireworks at the beach. Mayor Sullivan inquired
about expenses for the fireworks and for staffing. Director Engle replied, stating that the
event should break even this year. He also described options for Council consideration:
move fireworks back to Huntington Beach High School; fireworks at the beach, with a
goal of being self-supporting; fireworks alternate years at the beach and the high school;
fireworks at the beach with a $340,000 revenue goal for the Board.
Discussion ensued amongst Council and staff pertaining to fundraising efforts and the
current year's budget for the event. Director Engle explained although costs are known,
revenues fluctuate until the day of the event. Board Members stated some corporate
sponsorships are below expectations at this time. Mayor Pro Tern Coerper voiced his
support for the City assisting the Board with funding, if necessary. Director Engle noted
downtown businesses are attempting to get involved this year by partnering with the
Board. Councilmember Hansen asked about Expo expenses, fundraising efforts, and
the economic impact of the event on the City, including sales tax increases. Co -Chair
Stiers described specific expenses including tables, chairs, contests, public relations,
volunteer expenses, breakfast for VIPs, banners, and bleachers. Director Engle agreed
to report back to Council on the economic impact of the event. Mayor Sullivan voiced his
opinion that the event would break-even if the fireworks event took place at the High
School. He stated his opposition to the proposal option that does not limit the City's
expenses. Councilmember Green commented on expense priorities and stated her
support for holding the fireworks event at the High School. Councilmember Cook
suggested alternating years at the beach and at Huntington Beach High School, holding
the event at the high school in years following a fundraising shortfall.
Police Chief Ken Small described public safety staffing requirements and challenges for
the Fourth of July event. Due to decreased availability of Highway Patrol personnel to
assist, he recommended parade posts be monitored by special event security staff
rather than police staff. Councilmember Hansen stated his support for the Chief's
recommendation and asked for further information on cost savings. Councilmember
Bohr asked for further information on the use of event staff, and emphasized that the
fundraising expectations placed on the Board are significant. He asked downtown
businesses to offer their assistance and thanked the Board for their service. Mayor Pro
Tern Coerper voiced his opinion that Council has the responsibility to ensure the event is
a success, and thanked the Board and Community Services staff for their efforts. Mayor
Sullivan thanked the Board on behalf of Council.
Adjourn 4th of July Board
(City Council/Redevelopment Agency) Study Session #2 Held — Finance
Department Mid -Year Budget Report to the City Council (320.20)
City Administrator Penny Culbreth-Graft introduced the topic. Referring to a PowerPoint
report titled City of Huntington Beach Finance Department Report FY 2005106 Mid Year
Budget Review that was included in the agenda packet, Finance Director Dan
Villella described the fund balances of the General Fund. Director Viliella explained the
May 1, 2006 — Council/Agency Minutes — Page 3 of 20
figures were from the audited financial statements as of September 30, 2005 and that
the total fund balance was $38,286,000. He projected a $4.6 million General Fund
expenditure surplus and a $3.7 million General Fund revenue surplus.
Administrator Culbreth-Graft described recommended mid -year budget adjustments
including: reductions in professional services and personal services appropriations in
the City Attorney's Office, addition of 0.5 FTE Associate Planner, authorization for a
long-term financial plan consultant to work with the Finance Board, and increases in
funding for Public Works staff.
Discussion ensued amongst Council and staff pertaining to graffiti abatement and
current staffing for abatement. Public Works Maintenance Operations Manager Jim
Jones explained the abatement process. City Attorney Jennifer McGrath spoke
regarding notice requirements and access issues for private property and for utility
boxes. Councilmember Cook described a recent experience with a staff member
assigned to graffiti abatement and methods used for removal. She suggested
conducting removal of graffiti with a special solution used for that purpose, and that the
City take care of damage rather than waiting for utility companies to provide a remedy.
Mayor Sullivan voiced his opinion that utility companies should be billed by the City after
graffiti removal is performed. Mayor Pro Tern Coerper inquired about City staff access
to private property and flood control channels. Attorney McGrath described private
property rights, permissions, and former ordinances. She explained that flood control
channels are controlled by the County of Orange.
Councilmember Hansen asked staff to report back to Council on timelines and plans for
abatement, should funding increases be approved by Council. Councilmember Cook
asked for a target date for Council to receive further information on private property
notice, waiver, and consent. Attorney McGrath stated, and Administrator Culbreth-Graft
concurred, the information would return to Council the first meeting in June.
City Administrator Culbreth-Graft resumed her report, describing a recommendation to
authorize funding to update HBTV3 equipment and to increase Community Services
staff. Mayor Sullivan asked staff to report back to Council on staff positions funded by
the Park, Acquisition, and Development (P A & D) Fund. Councilmember Bohr
suggested resources be allocated to update the Downtown Specific Plan. Administrator
Culbreth-Graft concluded, stating Council would receive the FY 2006/07 proposed
budget on August 1, 2006.
Motion to Recess to Closed Session — Approved
A motion was made by Hardy, second Coerper to recess to Closed Session on the
following item. The motion carried by the consensus of all present, none absent.
(City Council) Closed Session - Pursuant to Government Code Section 54957.6 to
meet with its designated representatives: Agency Negotiators: Penelope Culbreth-Graft,
City Administrator; Bob Hall, Deputy City Administrator; Dan Villella, Finance Director;
Renee Mayne, Chief Negotiator; and Irma Youssefieh, Human Resources Manager
regarding labor relations matters - meet and confer with the following employee
organizations: MEO, MEA, PMA, FMA, HBFA, MSOA, SCLEA, and Non -Associated.
Subject: Labor Relations - Meet and Confer. (120.80)
May 1, 2006 — Council/Agency Minutes — Page 4 of 20
Reconvened City Council/Redevelopment Agency Meeting — 6:04 p.m.
Present: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook.
Absent: None.
No Actions Taken in Closed Session Which Require a Reporting Pursuant to
Government Code Section 54957.1(a) (3) (B).
Pledge of Allegiance — Led by Councilmember Cook
Invocation — Led by Reverend Peggy Price, Huntington Beach Interfaith Council
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 Deputy Director of Public Works, David Webb dated May
1, 2006 and titled Late Communication, Item E-10, Approve the Renewed Measure M
Transportation Investment Plan notating one minor correction to page 10 of the Draft
Renewed Measure M Transportation Investment Plan changing the street name from
Katella to Orangewood Avenue.
Communication submitted by Jill Hardy, Chair, Intergovernmental Relations Committee
on behalf of Mayor Pro Tern Gil Coerper and Councilmember Don Hansen dated April
27, 2006 titled Measure M - The Draft Orange County Transportation Investment Plan -
Item E-10 advising that at the April 21st meeting of the Intergovernmental Relations
Committee, by unanimous vote the Committee recommended that the City support
Measure M.
Communication submitted by Jean Polkow dated April 28, 2006 stating her opposition to
any changes to the current RV ordinance and submitting a list of questions she would
like to have reviewed.
Communication submitted by Andy Weiss dated May 1, 2006 and titled RV Ordinance
Change stating his opposition to the proposed changes to Ordinance No. 3699.
The Following Communications Were Submitted During the Meeting:
Communication submitted by Kelly Hart, Orange County Transportation Authority
(OCTA), undated, titled Renewed Measure M Transportation Investment Plan, which
included two inserted pages titled: Measure M Fair Share/Turnback Projections and a
letter from Organizations in Favor of Including Environmental Mitigation in Measure M
addressed to Chairman Art Brown, OCTA Board of Directors.
Communication submitted by Frank Puccilii, undated, which is a binder of photographs
depicting parked cars at the intersections of Yorktown Avenue and Florida Street.
May 1, 2006 — Council/Agency Minutes — Page 5 of 20
Communication submitted by Dick Lenell dated May 1, 2006 and titled Address to
Huntington Beach City Council on RV ordinance.
Communications submitted by Theresa Chaque including a copy of a petition dated
July 1, 1995, a copy of a quitclaim deed for 8392 Brush Drive, information on
Rubbersidewalks, Inc. and a copy of a brochure titled The Benefits of Trees.
Brush Drive Petition Name Removals from Christopher J. Varga, Brian Hughes, and
Betty McLellan.
Presentation — Mayor Dave Sullivan to recognize students from various elementary
schools who contributed to Welcome Home packages for the 3rd Battalion, 1 st Marines
who have been adopted by the City. (160.40)
Mayor Sullivan recognized the Helping Huntington Beach Group who collected
donations at local businesses, resulting in sixteen large bags full of items; Girl Scout
Troops 166 and 362 sent over 1,000 cards and letters to Marines on Valentine's Day;
Harbour View School students who assisted with care packages; and Girl Scout Troop
983, who packaged care items and decorated the boxes. Kelsey Silver sang God Bless
America.
Presentation — Mayor Dave Sullivan presented a proclamation to the Huntington Beach
Human Relations Task Force naming May as Asian/Pacific American Heritage Month.
Chairman Alan Chancellor and Member Mary Urashima introduced David Nguyen, local
business owner of David's Top HB Nails on Fifth Street, who accepted the proclamation.
(160.40)
Presentation — Mayor Dave Sullivan presented a proclamation to City Clerk Joan Flynn
in honor of Municipal Clerk's Week April 30 through May 6, 2006. City Clerk Flynn
announced an Open House being held on May 4, 2006, described the services provided
by her office, and presented a video. (160.40)
Presentation — Mayor Dave Sullivan was joined by Mayor Pro Tern Gil Coerper to
present a proclamation to Police Chief Ken Small and Police Officer's Association
President Kreg Muller, in honor of Police Week May 14 - 20, 2006. Chief Small
recognized officers that gave their lives in the line of duty. He also announced an Open
House being held on May 13, 2006. (160.40)
Presentation — Mayor Pro Tern Gil Coerper and Mayor Sullivan were joined by Petty
Officer First Class Eldridge of the U.S. Navy who presented an Iraqi flag to the City.
Public Comments
Frank Puccilli, resident near Yorktown Avenue and Florida Street, voiced concern with
traffic safety near that intersection. He presented a binder of photographs depicting
parked cars, which he stated obstruct vision at the intersection. He suggested red curbs
and increased signage on Delaware Street, Florida Street and Garfield Avenue.
City Administrator Penny Culbreth-Graft asked Mr. Puccilli to fill out a blue contact card.
May 1, 2006 — Council/Agency Minutes — Page 6 of 20
Mike Cohen, affiliated with H.B. RV Owners urged Council to vote "Yes" to approve the
changes made to the RV parking ordinance at the last Council meeting.
Peter Petrelis spoke regarding the RV parking ordinance and a cartoon in the
Huntington Beach Independent the prior week. He asked that individuals be more
tolerant and respectful of each other's rights.
Kreg Muller, President of the Huntington Beach Police Officers' Association (HBPOA),
complimented City staff on its efforts with the Memorandum of Understanding (MOU).
He urged Council to vote to adopt Resolution No. 2006-19.
Carol Burtis asked Council to give consideration to public comments made at this
meeting. She voiced her opposition to further restrictions to RV parking in the City.
Ms. Burtis stated RV storage costs increased by 25% shortly after the ordinance was
passed and suggested 125 days maximum permit days per 12-month period.
Councilmember Hardy asked the Police Chief to confirm the maximum RV parking
permit days per month allowed by Ordinance No. 3735. Chief Small confirmed 16 days
per month are the maximum allowed.
Phil Burtis urged Council to vote "No" on the amendments to the RV parking ordinance.
He voiced concerns about what he referred to as inflexibility of the permits and validity of
complaints. He proposed permit amendments do not become effective until the internet
permit application process is functional, and suggested an advisory committee of
citizens. Mr. Burtis also suggested the Police Department require an RV license plate
number when complaints are reported.
Mayor Pro Tern Coerper asked the Police Chief to clarify information required when
parking complaints are made. Chief Small stated license numbers are not required, but
are requested.
Bob Polkow spoke in opposition to Ordinance No. 3735, suggesting the amendment to
RV parking is unfair. He requested that a Councilmember make a motion for
reconsideration of the agenda item pertaining to RV parking.
Councilmember Green spoke of an email received from Mr. Polkow and asked him to
clarify his request for hourly permits. Mr. Polkow explained why, in his opinion, hourly
permits would be preferable to daily permits.
Dick Lenell, 40-year resident and affiliated with RV Owners of Huntington Beach, voiced
his concern with amendments to the RV parking ordinance. He suggested that if Council
wishes to retain a cap, 144 RV parking days per year be permitted, which he stated is
consistent with the Police Chief's original proposal.
Kathleen Ryder, affiliated with Orange County Transportation Professionals, spoke in
support of the renewal of Measure M. She suggested funds be used for improvements
on Pacific Coast Highway, widening of the 405 freeway, and a direct connection
between the City and the Metrolink system. She asked Council to support the resolution
in favor of renewing Measure M.
May 1, 2006 — Council/Agency Minutes — Page 7 of 20
Peter Herzog, Chairman of the League of California Cities Orange County Measure M
Committee, voiced his support for the renewal of Measure M and asked Council to vote
"Yes" on the related Consent Calendar item. He described environmental issues
addressed by the funds, including runoff concerns.
Mayor Pro Tern Coerper recognized Mr. Herzog for his efforts of visiting other cities
within the County.
Gerald Jones stated, in his experience, Police staff do ask for a license plate number
when calling for a permit or with a complaint. He asked Council to support the
amendments to the RV parking ordinance.
Alex Dicus spoke regarding the agenda item pertaining to child day care facilities,
stating her support for the availability of these programs in the City.
Ruth Johnson, of Life Beyond School, spoke in support of the agenda item pertaining to
child day care facilities. She stated home day care centers are dwindling due to low
profit margins and higher costs. Ms. Johnson asked Council to remove the Conditional
Use Permit burden for day care centers, stating she has twenty letters of support from
neighbors, upon request.
Rose Haunreiter, 21-year resident and teacher at Huntington Beach High School,
spoke in support of the agenda item pertaining to child day care centers. She voiced her
support for Ms. Johnson and for Life Beyond School. Ms. Haunreiter asked Council to
encourage the existence of day care centers in the City.
Theresa Chaque asked Council to reconsider its previous action to repair Brush Drive in
its entirety. She submitted a petition and alleged some signatures were renters, not
owners. Ms. Chaque stated less than 70% of owners signed the petition, and therefore
it does not qualify for the repair list.
Chris Varga, Brush Drive resident, stated his opinion the original petition was not valid.
He asked Council to create a process to validate what repairs current residents want.
Mr. Varga spoke regarding alternatives to treat sidewalks, such as rubber and asked
Council to reconsider its previous action.
Councilmember Cook inquired about the process for reconsideration of Council's action
on the Brush Drive project.
(City Council) Motion to Reconsider Council Action Taken at the April 17, 2006
Meeting Pertaining to Brush Drive.
Councilmember Hardy asked if reconsideration would create problems with established
contracts. Deputy Public Works Director Dave Webb responded, stating no foreseen
problems since work is not scheduled to start for a month. Councilmember Hardy voiced
her support for the motion.
Mayor Pro Tern Coerper inquired about the impact on other streets on the petition
program. City Attorney McGrath responded, stating the motion is only to reconsider
Council action on Brush Drive.
May 1, 2006 — Council/Agency Minutes — Page 8 of 20
A motion was made by Cook, second Sullivan to reconsider Council action taken at the
April 17, 2006 meeting pertaining to Brush Drive. The motion carried by the following
roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, and Cook
NOES: Hansen
Public Comments Resumed
Doug Turner gave a phone number, 714-374-9671, which he said is an answer line for
information on the Golden Bear Nightclub. He asked citizens to support his efforts, and
for an investor to come forward and take on the project.
Norm "Firecracker" Westwell spoke in opposition to the agenda item pertaining to RV
parking, stating it will restrict his rights. He voiced his opinion that the City does not
have an RV parking problem, and asked Council to deny adoption of the ordinance.
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's March
2006 Investment Summary Report Titled City of Huntington Beach Summary of
City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
March 2006 (310.20)
The City Council considered a communication from City Treasurer Shari Freidenrich
transmitting the Monthly Investment Report for March 2006.
City Treasurer Freidenrich gave a PowerPoint presentation titled Treasurer's Report,
which was included in the agenda packet.
A motion was made by Coerper, second Green to review and accept the Monthly
Investment Report entitled Summary of Investment Portfolio, Bond Proceeds, and
Deferred Compensation Activity for March 2006, 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: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Public Hearing Held — Adopted Resolution No. 2006-14 Authorizing
Staff to Apply for a California Department of Transportation 5310 Program Grant
for the Purchase of Two New Vehicles for the City of Huntington Beach Senior
Transportation Program (340.80)
Mayor Sullivan announced that this was the time noticed for a public hearing to consider
the following:
Statement of Issue: There is a need to conduct a public hearing and adopt a resolution
to accompany the application for a California Department of Transportation 5310 Grant
for the purchase of two new vehicles for the City of Huntington Beach Senior
Transportation Program. Funding Source: Transportation Donation Account will provide
the local 11.4 percent match requirement, totaling approximately $9,804. The total value
of the grant is $86,000 ($76,196 grant plus $9,804 match).
May 1, 2006 — Council/Agency Minutes — Page 9 of 20
Legal notice as provided to the City Clerk's Office by staff had been published and
posted.
Community Services Director Jim Engle gave an oral report.
Councilmember Green asked for the number of individuals that utilize senior
transportation each month. Director Engle reported over 33,600 rides are provided per
year.
Mayor Sullivan declared the public hearing open. The City Clerk announced no Late
Communications which pertain to this public hearing.
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 Green to 1. Adopt Resolution No. 2006-14 - A
Resolution of the City Council of the City of Huntington Beach Authorizing Staff to Apply
to the California Department of Transportation for a Federal Transit Administration
Section 5310 Program Grant to purchase accessible vans and related equipment to
transport elderly and physically challenged persons; and 2. Authorize the Director of
Community Services to appropriate $9,804 from the Transportation Donation Account
into Account #10045503.85350 Seniors Center/Other Vehicles. The motion carried by
the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Administrative Public Hearing Held — Pursuant to Resolution No.
2006-11 Adopted March 20, 2006 — Heard any Protests and Objections Regarding
Weed, Rubbish and Refuse Abatement of Certain Public and Undeveloped Private
Properties at Owner's Expense (520.80)
Mayor Sullivan announced that this was the time noticed for an administrative public
hearing to hear objections and protests to the proposed removal of weeds, refuse and
rubbish from undeveloped private properties at the owners' expense. This hearing is
held pursuant to Resolution No. 2006-11 adopted March 20, 2006. Funding Source:
Funds in the amount of $28,000 are budgeted in Weed Abatement, Account No.
10085416.64620 for abatement of public and private properties. Costs for abatement of
private properties will be added to the County Assessor's tax role.
The City Council considered a communication from the Public Works Director, and
declined presentation of the PowerPoint report titled Annual Weed, Rubbish, and Refuse
Abatement Program, which was included in the agenda packet.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published
and posted.
Mayor Sullivan declared the administrative public hearing open.
May 1, 2006 — Council/Agency Minutes — Page 10 of 20
There being no effected property owners 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 Bohr, second Coerper to authorize the Superintendent of Streets
(Director of Public Works) to proceed with the proposed abatement of weeds, refuse,
and rubbish. The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
Consent Calendar — Items Removed for Separate Discussion
(City Council) Purchase in the Amount of $73,260 for Digital Orthophotography and
Aerial Mapping Services from Stewart Geo Technologies to Update The City's
Geographic Information System.
(City Council) Professional Services Agreement in the Amount of $30,609 with
Integrated Design Services, Inc. (IDS) for Engineering Peer Review of the Seismic
Retrofit Analysis and Design of the Civic Center Tower.
(City Council) Resolution No. 2006-15 Approving an Application for Grant Funds from
the California Integrated Waste Management Program (CIWMB) for the Establishment of
a Used Oil Collection Center.
(City Council) Professional Services Agreement in the Amount of $618,500 with
Saiful/Bouquet Structural Engineering, Inc. for Engineering and Architectural Services for
Design and Seismic Strengthening of the Civic Center Tower.
(City Council) Orange County Transportation Authority (OCTA) Draft Transportation
Investment Plan as Part of Efforts to Pursue Renewal of Measure M.
Consent Calendar — Items Approved
A motion was made by Green, second Coerper to approve the following Consent
Calendar items, as recommended: The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council/Redevelopment Agency) Approved and Adopted Minutes (120.65) -
Approved and adopted the minutes of the City Council/Redevelopment Agency Regular
Meeting of April 17, 2006 as written and on file in the Office of the City Clerk. Submitted
by the City Clerk.
(City Council) Approved the Memorandum of Understanding (MOU) between the
City of Huntington Beach and the Huntington Beach Council on Aging (COA) for a
Five -Year Term to Formalize its Relationship and Mission to Enhance the Dignity
and Quality of Life for City Seniors (590.40) Approved the Memorandum of
Understanding Between the City of Huntington Beach and the Huntington Beach Council
On Aging, and authorized the Mayor and City Clerk to execute the Memorandum of
Understanding. Submitted by the Director of Community Services. Funding Source:
Not applicable.
May 1, 2006 — Council/Agency Minutes — Page 11 of 20
(City Council) Adopted Resolution No. 2006-16 Authorizing Local Street Closures
for the 4th of July Parade and Related Activities; and, Adopted Resolution No.
2006-17 Requesting that CalTrans Approve Closing a Portion of Pacific Coast
Highway for the 4th of July Parade and Fireworks Show (960.30) - 1) Adopted
Resolution No. 2006-16, A Resolution of the City Council of the City of Huntington Beach
Authorizing Street Closure for the Fourth of July; and 2) Adopted Resolution No. 2006-
17, A Resolution of the City Council of the City of Huntington Beach Requesting
CalTrans Approve the Closure of Pacific Coast Highway for the Huntington Beach
Fourth of July Parade and Fireworks. Submitted by the Director of Community Services.
Funding Source: Not applicable.
(City Council) Approved Professional Service Agreements with Quint &
Thimming, LLP for Bond Counsel Services and Jones and Hall for Disclosure
Counsel Services for the Pacific City Community Facilities District to Fund Public
Improvements Through a Tax -Exempt Bond Issue (600.10) - 1) Approved the
Agreement Between the City of Huntington Beach and Quint & Thimming, LLP for Bond
Counsel Services Regarding the Pacific City Community Facilities District; and 2)
Approved the Agreement Between the City of Huntington Beach and Jones Hall for
Disclosure Counsel Services Regarding the Pacific City Community Facilities District.
Submitted by the Director of Economic Development and City Attorney. Funding
Source: Community Facilities District Bond proceeds. There is no impact on the
General Fund.
(City Council) Adopted Resolution No. 2006-18 Amending the City Classification
Plan to Revise Job Specifications for the Classifications of Field Service
Representative and Telemetry Instrument Technician, and Increasing
Compensation for the Classification of Purchasing and Central Services Manager
(700.10) - Adopted Resolution No. 2006-18, A Resolution of the City Council of the City
of Huntington Beach Amending the Classification Plan by Revising the Job Specification
for the Classification of Field Service Representative and Revising the Job Specification
for the Classification of Telemetry Instrument Technician and Changing the Job Title to
Supervisory Control and Data Acquisition (SCADA) Technician and Increasing
Compensation for the Classification of Purchasing and Central Services Manager.
Submitted by the Deputy City Administrator. Funding Source: Funding for proposed
compensation is included in the FY 2005-06 budget.
(City Council) Approved Purchase in the Amount of $73,260 for Digital
Orthophotography and Aerial Mapping Services from Stewart Geo Technologies
to Update The City's Geographic Information System (300.10)
The City Council considered a communication from the Director of Information
Services transmitting the following Statement of Issue: The City's Geographic
Information System needs to be updated through the procurement of digital
orthophotography and aerial mapping services. The City would like to hire Stewart Geo
Technologies to provide these services. Stewart has provided a preliminary quote of
$73,260. Several departments are working together to fund this service, and some
portions will need to be transferred from Enterprise Funds to the General Fund, with
Council's approval. Funding Source: Funding is from current year budget, available
in Water Utilities ($25,000 from 50685201.69365 and $25,000 from 51185201.79100).
In addition, several General Fund departments will be contributing funds to the project:
May 1, 2006 — Council/Agency Minutes — Page 12 of 20
$10,000 from Police Property (10070301.64520); $5,000 from Fire Prevention
(10065201.69365); $5,000 from Fire Suppression (10065203.69365); $2,500 from
Planning Administration (10060101.63100); and, $2,500 from Economic Development
(30580101.68620).
Councilmember Bohr requested that this agenda item be removed from the Consent
Calendar to ask for clarification on which aerial photographs would be updated.
Information Services Director Jack Marshall explained this project would update of all of
the aerial photographs of the City, and that eventually the photographs would be
accessible online.
A motion was made by Bohr, second Coerper to 1) Approve the purchase of Digital
Orthophotography and Aerial Mapping Services from Stewart Geo Technologies; and 2)
Approve the transfer of funds from the Water Utilities Enterprise Fund and from the
General Fund (Police, Fire, Planning and Economic Development) to Geographic
Information Systems to fund the digital orthophotography service. The motion carried by
the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Approved Professional Services Agreement in the Amount of
$30,609 with Integrated Design Services, Inc. (IDS) for Engineering Peer Review of
the Seismic Retrofit Analysis and Design of the Civic Center Tower (600.10)
The City Council considered a communication from the Director of Building and Safety
transmitting the following Statement of Issue: To proceed with the Seismic Retrofit of
City Hall, the City needs to contract with a structural engineering firm to provide Peer
Review of the proposed structural analysis and design. Integrated Design Services
(IDS) has been selected after an extensive selection process. Funding Source: Funds
are available in Building and Safety Department business unit 81655101.69365.
Councilmember Bohr requested that this agenda item be removed from the Consent
Calendar along with the agenda item pertaining to the agreement with Saiful/Bouquet to
inquire if the contract for construction management services would involve a separate
selection process. Building and Safety Director Ross Cranmer responded in the
affirmative.
A motion was made by Bohr, second Coerper to 1) Approve the Professional Services
Contract Between the City of Huntington Beach and Integrated Design Services, Inc. for
Engineering Peer Review of the Seismic Retrofit of the Civic Center Tower and authorize
the Mayor and City Clerk to execute the Agreement between the City of Huntington
Beach and IDS, Inc., and 2) Authorize the Director of Building and Safety to expend
$30,609 for Professional Services for peer review engineering services for design of
seismic strengthening of the Civic Center tower. Submitted by the Director of Building
and Safety. The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
May 1, 2006 — Council/Agency Minutes — Page 13 of 20
(City Council) Approved a Professional Services Agreement in the Amount of
$618,500 with Saiful/Bouquet Structural Engineering, Inc. for Engineering and
Architectural Services for Design and Seismic Strengthening of the Civic Center
Tower (600.10)
The City Council considered a communication from the Director of Building and Safety
transmitting the following Statement of Issue: To proceed with the Seismic Retrofit of
City Hall, the City needs to contract with a structural engineering firm to provide
engineering and architectural services for the design of the seismic strengthening of the
civic center tower. Saiful/Bouquet, Incorporated has been selected after an extensive
selection process. Funding Source: Funds are available in Building and Safety
Department business unit 81655101.69365.
Councilmember Bohr requested that this agenda item be removed from the Consent
Calendar along with the agenda item pertaining to the agreement with Integrated Design
Services, Inc. to inquire if the contract for construction management services would
involve a separate selection process. Building and Safety Director Ross Cranmer
responded in the affirmative.
A motion was made by Bohr, second Coerper to 1.) Approve the Agreement and
Authorize the Mayor and City Clerk to execute the Agreement between the City of
Huntington Beach and Saiful/Bouquet, Inc. and 2.) Authorize the Director of Building
and Safety to expend $618,500 for Professional Services for engineering and
architectural services for the design of seismic strengthening of the civic center tower.
The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Adopted Resolution No. 2006-15 Approving an Application for
Grant Funds from the California Integrated Waste Management Board (CIWMB) for
the Establishment of a Used Oil Collection Center (340.80)
The City Council considered a communication from the Fire Chief transmitting the
following Statement of Issue: The City Council is requested to adopt the attached
resolution authorizing the submittal of a grant application to the California Integrated
Waste Management Board (CIWMB) for all available grants under the California Oil
Recycling Enhancement Act, and the Household Hazardous Waste Management Act, for
the establishment of a used oil collection center. Funding Source: If approved, funds
up to $53,737 would be provided by the CIWMB Used Oil Grant Program. No matching
or in -kind funds are required for this grant, which was not anticipated in the original FY
2005/06 budget.
Mayor Pro Tem Coerper asked staff to describe the methods used to collect and the final
destination of the used oil. Fire Chief Olson explained the City utilizes the California
Used Oil Block Grant, and currently a vendor advertises in the Pennysaver and will pick
up used oil curbside. He stated Rainbow Disposal will also accept up to fifteen gallons
of used oil at their site, and twenty-five other oil collection centers in the City have been
supported by this grant program in the past ten years.
May 1, 2006 — Councii/Agency Minutes — Page 14 of 20
A motion was made by Coerper, second Green to 1) Adopt Resolution No. 2006-15, A
Resolution of the City Council of the City of Huntington Beach to Make Application for
Grant Funds for the Establishment of a Used Oil Collection Center; and 2) Authorize the
Fire Chief to execute all ancillary documents on behalf of the City, without further
approval of the City Council. Submitted by the Fire Chief. The motion carried by the
following roll call vote:
AYES: Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
ABSENT: Bohr (Councilmember Bohr was out of the room at the time of the vote.)
(City Council) Approved Orange County Transportation Authority (OCTA) Draft
Transportation Investment Plan as Part of Efforts to Pursue Renewal of Measure M
(940.50)
The City Council considered a communication from the Director of Public Works
transmitting the following Statement of Issue: The Orange County Transportation
Authority (OCTA), in collaboration with local agencies and officials, has developed a
draft Transportation Investment Plan as part of efforts to pursue the renewal of Measure
M. OCTA is seeking approval of the plan by local agencies. Funding Source: Not
applicable for the resolution. Upon approval, the renewed plan is expected to generate
$125.5 million for the City over the next 30 years.
Councilmember Green requested this agenda item be removed from the Consent
Calendar to highlight that 43% of Measure M funds go to freeways, 32% to streets and
roads, and 25% to transit. She clarified that every ten years taxpayers can vote on
whether to renew the measure, and every year the funds are audited.
Mayor Pro Tern Coerper thanked OCTA staff for their assistance in educating citizens.
Mayor Sullivan clarified that the motion, if approved, would be a necessary step in
placing the measure on the ballot.
A motion was made by Green, second Hardy to adopt Resolution No. 2006-20, A
Resolution of the City Council of the City of Huntington Beach Approving the Renewed
Measure M Transportation Investment Plan. The motion carried by the following roll call
vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, and Hansen
NOES: None
ABSENT: Cook (Councilmember Cook was out of the room at the time of the vote.)
(City Council) Adopted Resolution No. 2006-19 Approving and Implementing the
Memorandum of Understanding Between the Huntington Beach Police Officers'
Association (POA) and the City of Huntington Beach for April 1, 2006 Through
March 31, 2010 (720.20)
The City Council considered a communication from Robert Hall, Deputy City
Administrator transmitting the following Statement of Issue: Should the City and the
Huntington Beach Police Officer's Association (HBPOA) enter into a new Memorandum
of Understanding covering the period April 1, 2006 through March 31, 2010? Funding
Source: Additional funding will be allocated in the current Fiscal Year 2005/2006
budget and funding will be included in the budgets for Fiscal Years 2006/07, 2007/08,
May 1, 2006 — Council/Agency Minutes — Page 15 of 20
2008/09 and 2009/10. The cost to implement the HBPOA Memorandum of
Understanding in the current Fiscal Year through March 31, 2007 in Fiscal Year 2006/07
is $1,673,410; from April 1, 2007 through March 31, 2008 in Fiscal Year 2007/08 is
$1,571,598; from April 1, 2008 through March 31, 2009 in Fiscal Year 2008/09 if
$1,473,455; and, from April 1, 2009 through March 31, 2010 in Fiscal Year 2009-10 is
$1,511,339. Total estimated cost of this Memorandum of Understanding for a four-year
tem is $6,229,803.
City Administrator Penny Culbreth-Graft offered to display a chart of figures, which had
been included in the agenda packet. The City Council declined by consensus of all
present, none absent.
Mayor Sullivan voiced his opinion that the agreement is fair and would assist in recruiting
individuals to fill vacancies in the Department. He also thanked Chief Small for his
leadership. Councilmember Green commented the City should have 231 sworn officers,
and currently has only 219 on staff.
A motion was made by Coerper, second Bohr to adopt Resolution No. 2006-19, A
Resolution of the City Council of the City of Huntington Beach Approving and
Implementing the Memorandum of Understanding Between the Huntington Beach Police
Officers' Association (POA) and the City of Huntington Beach for April 1, 2006 Through
March 31, 2010. The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Adopted as Amended Ordinance No. 3735 Amending Chapter 10.44
of the Huntington Beach Municipal Code Relating to Recreational Vehicle Parking
Time Limits (560.20)
A motion was made by Hansen, second Hardy to deny adoption of Ordinance No. 3735.
(The motion was subsequently replaced by a Substitute Motion, and then was
amended).
Councilmember Hansen stated his opinion that the RV parking restrictions enumerated
in the original ordinance were sufficient. He asked Council to vote against
the Recommended Action.
Councilmember Hardy voiced her opinion that an insufficient number of individuals are
violating the current ordinance to justify further restrictions on all RV owners.
Councilmember Green stated her support for the motion. She also stated she supports
access to parking permit applications on the website, police reports that include license
plate numbers, and possibly an hourly parking permit option.
City Administrator Culbreth-Graft asked Police Chief Small to respond to issues raised
by Councilmembers. Chief Small clarified that the ordinance was created to allow
individuals to load or unload their RVs and not to allow storage of RVs. He explained a
webpage for parking permit applications has been created, and is ready to go online
May 1, 2006 — Council/Agency Minutes — Page 16 of 20
following Council's approval of an ordinance. The Chief clarified that an hourly parking
permit would not change the maximum of sixteen permit days per month. He asked
Council to consider amending the ordinance to include the street sweeping language.
Councilmember Cook voiced her support for a compromise solution, stating 192 permit
days per year is excessive. She stated RV parking is a major complaint, and requires
attention.
Councilmember Bohr voiced his opinion that compromises have been made to allow
sufficient time for loading and unloading of RVs. He stated his opposition to the motion
on the table and his support for the Recommended Action.
Mayor Pro Tern Coerper inquired about RV parking and street sweeping compliance.
Police Chief Small and City Attorney McGrath clarified the current motion would not
include the street sweeping language.
Mayor Sullivan voiced his support for the Recommended Action, stating 192 days of RV
permit parking is excessive.
Councilmember Hardy asked for clarification on amendments to the motion. The City
Attorney suggested amending the motion to deny changes to the permit day maximum
and approve language pertaining to street sweeping. The Maker and the Second to the
motion accepted this amendment.
A motion was made by Bohr, second Sullivan to (Substitute Motion) after City Clerk
reads by title, Adopt Ordinance No. 3735, by roll call vote. (Vote to follow)
Councilmember Green stated her reasons for opposing the Recommended Action,
including what she stated was a small amount of complaints received in the last year.
She voiced a concern with street sweeping and people with handicaps. Chief Small
reported he had met with the gentleman who spoke during Public Comments about
individuals with handicaps at the last Council meeting, and his problems have been
resolved.
Councilmember Cook stated her opinion fifteen complaints are sufficient to justify an
amendment to the ordinance. She stated she would oppose the original motion.
Councilmember Bohr inquired about permit usage by residents in the past year. Chief
Small reported twenty individuals used over 100 days in the last year. Councilmember
Hansen asked how many permits were granted in the past year; Chief Small reported
over 1376 individuals requested permits, 9000 permits issued, and 28,000 permit days.
Mayor Pro Tern Coerper asked for an amendment to the motion, to allow a maximum of
144 permit days per year. The Maker of the motion declined the amendment.
Councilmember Cook stated she would support a maximum permit day allowance of no
greater than 120 days.
Council then voted on the Substitute Motion. The Substitute Motion failed by the
following roll call vote:
AYES: Bohr, Sullivan, and Cook
NOES: Green, Coerper, Hardy, and Hansen
May 1, 2006 — Council/Agency Minutes — Page 17 of 20
Mayor Sullivan stated his opinion that 192 permit days is unacceptable and voiced
concerns with safety issues due to the large size of these vehicles.
A motion was made by Hansen, second Hardy to after the City Clerk read by title,
approve as amended Ordinance No. 3735, An Ordinance of the City of Huntington
Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to
Parking Time Limits. The amendment is to deny changes to the maximum number of
permit days per year and to approve the language pertaining to street sweeping. The
motion carried by the following roil call vote:
AYES: Green, Coerper, Hardy, and Hansen
NOES: Bohr, Sullivan, and Cook
(City Council) Submitted By Councilmembers Cathy Green and Don Hansen —
Conditional Use Permits for Child Day Care Facilities (120.90)
The City Council considered a communication from Councilmembers Cathy Green and
Don Hansen transmitting the following Statement of Issue: A child day care center
currently requires Conditional Use Permit review and approval by the Zoning
Administrator. The cost for this application is $3,568.00. In comparison with other cities,
the City of Huntington Beach's requirement and cost is several times greater. This cost
can make or break day care centers since they operate on a very narrow financial
margin.
Since day care centers already need a business license and are subject to inspections
by the state and the city's Fire Department, we are recommending that the Conditional
Use Permit process be eliminated.
Councilmember Green gave an oral report and asked Planning Director Howard
Zelefsky to comment on permit requirements. Director Zelefsky described the permit
requirements.
Councilmember Hansen suggested amending the Recommended Action to apply
to facilities with less than twelve children, located in single-family districts.
Councilmember Green asked Public Speaker, Ms. Johnson, to comment on this
request. Ms. Johnson spoke regarding State Code requirements. Councilmember
Green stated she would like the City Code requirements to conform to the State Code
requirements.
Councilmember Cook inquired about the purpose of the Recommended Action, and
Councilmember Green stated her intention is to waive the permit fee and also to
eliminate obstacles that discourage individuals from pursuing a Day Care Center permit.
Councilmember Green proposed eliminating the Conditional Use Permit (CUP) process
in these situations. Director Zelefsky reported the CUP process involves notification to
neighbors, evaluation of play space, and Fire Department review. Councilmember Cook
stated her support for waiving the fee, but for maintaining the CUP process.
Mayor Pro Tern Coerper asked for further clarification on fees charged. Director
Zelefsky reported requirements are different for centers with six or fewer children than
with centers with greater than six children.
May 1, 2006 — Council/Agency Minutes — Page 18 of 20
Councilmember Bohr commented on the State requirement of 75 square feet per child.
He stated he supports little or no fee, but to maintain the notification process.
A motion was made by Hansen, second Hardy to direct staff to initiate a Zoning Text
Amendment to amend the Zoning and Subdivision Ordinance to waive the CUP fees for
residential child day care centers. (The motion was subsequently replaced by a
Substitute Motion)
Councilmember Green spoke about the length of time required to process permits and to
obtain a CUP, asking if the process time could be shortened.
Councilmember Cook suggested amending the Recommended Action to make the
Planning Director the level of review for these types of permits, appealable to the Zoning
Administrator. Mayor Sullivan asked how neighbors would be notified of a Director's
decision. Director Zelefsky reported notification would be sent to neighbors, and a
decision would be appealable to the Planning Commission. Mayor Sullivan stated his
opinion the decision on these types of permits should remain at Zoning Administrator
level.
Councilmember Hansen amended the motion by recommending that the review of
permits to be done at the Planning Director level. Councilmember Hardy asked for
clarification on the notification process, and then accepted the amendment to the motion.
Mayor Pro Tern Coerper asked about the current processing time for such permits.
Director Zelefsky explained the time is approximately 90 days with the existing code.
Mayor Sullivan asked for clarification on the process, stating his opinion that the public
needs greater protection than that offered with the motion on the table.
Councilmember Cook also inquired about process. City Administrator Culbreth-Graft
recommended Council return this item to staff for investigation and direct staff to report
back.
Councilmember Hardy clarified that the motion is for residential child day care centers.
She withdrew her Second to the motion, stating her opinion that the Public Hearing
process is important. Councilmember Green seconded the motion on the table, stating
her concern is with the six to eight month processing period.
A motion was made by Sullivan, second Hardy to (Substitute Motion) return to staff to
investigate and report back to Council with recommendations. (Vote to follow)
Councilmember Hansen asked that if the Substitute Motion is approved, staff report back
with methods to decrease review time of permits. Mayor Sullivan agreed that was the
intent of the motion.
The Substitute Motion carried by the following roll call vote:
AYES: Bohr, Coerper, Sullivan, Hardy, and Cook
NOES: Green, and Hansen
May 1, 2006 — Council/Agency Minutes — Page 19 of 20
(City Council) Submitted By Councilmember Coerper — Relocation Of Civic Center
Veterans' Memorial To Pier Plaza (120.90)
The City Council considered a communication from Councilmember Coerper transmitting
the following Statement of Issue: The Veterans' Memorial, currently located at the
Civic Center, was constructed with donations from local veterans' groups and the public.
I would like the city to consider relocating the memorial to Pier Plaza in proximity to the
flagpoles that were donated by the American Legion. Having the Veterans' Memorial in
Pier Plaza would enhance the activities and ceremonies currently conducted by various
veterans' groups for Memorial Day, Veterans' Day, etc.
Mayor Pro Tern Coerper gave an oral report.
Councilmember Green asked that the memorial include the name of Corporal Marcus
Glimpse, Huntington Beach resident who gave his life in Iraq. She voiced concern with
moving granite to the beach, asking if it will remain in good condition. Mayor Pro Tern
Coerper stated he had spoken to a contractor and was assured the monument, if moved
properly, would be preserved.
Councilmember Cook asked the City Attorney to comment on First Amendment rights
and placement of monuments in public areas. Attorney McGrath reported on some
potential issues and research that would be required to respond to the question
adequately. She also commented on precedence set by placing a monument in a public
forum. Councilmember Cook cautioned of unintended results if the Recommended
Action is approved.
Mayor Sullivan commented on veterans' sacrifices and stated if approved, the cost of
moving the monument should be funded by the City.
A motion was made by Coerper, second Sullivan to direct staff to determine the process
and cost for relocating the Veterans' Memorial from the Civic Center to Pier Plaza.
Funding to pay relocation costs to be provided by various local veterans' groups. The
motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, and Hansen
NOES: Cook
(City Council) Mayor Pro Tern Coerper Congratulated Eagle Scouts (120.85)
Mayor Pro Tern Gil Coerper congratulated Eagle Court of Honor recipients John Charles
Ross Roberts, and Aaron Kadem Cetin. He also noted he has been invited to a Girl
Scout Ceremony, which he plans to attend.
(City Council) Mayor Sullivan Spoke Regarding Funeral of Marcus Glimpse.
(120.85)
Mayor Dave Sullivan stated he and Mayor Pro Tern Coerper attended the funeral for
Marcus Glimpse, a Huntington Beach resident who lost his life in Iraq. He asked that
Corporal Glimpse's name be placed on the memorial monument.
May 1, 2006 — Council/Agency Minutes — Page 20 of 20
Recessed to Closed Session at 9:27 p.m.
By consensus of all present, none absent, the City Council recessed to Closed Session
on the following item:
(City Council) Closed Session - Pursuant to Government Code Section 54957.6 to
meet with its designated representatives: Agency Negotiators: Penelope Culbreth-Graft,
City Administrator; Bob Hall, Deputy City Administrator; Dan Villella, Finance Director;
Renee Mayne, Chief Negotiator; and Irma Youssefieh, Human Resources Manager
regarding labor relations matters - meet and confer with the following employee
organizations: MEO, MEA, PMA, FMA, HBFA, MSOA, SCLEA, and Non -Associated.
Subject: Labor Relations - Meet and Confer. (120.80)
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B).
Adjournment — City Council/Redevelopment
Mayor Sullivan adjourned the _regular meetings of the City Council/Redevelopment
Agency of the City of Huntington Beach at 10:53 p.m. to Wednesday, May 3, 2006, at
10:00 a.m., Huntington Beach Civic Center, to assemble at 1351 Third Street
Promenade, Suite 201, Santa Monica, CA 90401 for an off -site trip/tour of the Third
Street Promenade located in Downtown Santa Monica on Third Street between Wilshire
Boulevard and Broadway, Santa Monica, California.
ATTEST:
4&vt) 0�. 161W.Vo -
City k and ex-officio Clerk f the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
City Clerk-Cle Mayor -Chair