HomeMy WebLinkAbout2008-05-05Minutes
Council/RDA Meeting
City Council/Redevelopment Agency
City of Huntington Beach
Monday, May 5, 2008
4:00 PM - Council Chambers
6.00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audio recording of the 4:00 PM portion of this meeting
and a video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk and is archived at
www. surfcity--hb. orcilGovernrnent/agendas
The 4:00 PM portion of the Council meeting regularly held in Room B-8 convened in the Council
Chambers.
Call to Order
Mayor Cook called the regular meeting of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 4:04 PM, in Council Chambers.
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
Absent: None
(Councilmember Coerper arrived at 4:15 PM)
The Senior Deputy City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, Senior Deputy City Clerk Rebecca Ross
announced no communications were received by the City Clerk's Office pertaining to the Closed
Session portion of the meeting.
Public Comments — None
Motion to recess to Closed Session — 4:05 PM
A motion was made by Green, second Hardy to recess to Closed Session on the following
items. The motion carried by consensus of all present, none absent.
(City Council) Closed Session - Pursuant to Government Code Section 54956.8, the City
Council recessed into Closed Session to give instructions concerning price and terms of
payment to the City's Negotiator, Deputy City Administrator Bob Hall, regarding negotiations
with the Huntington Beach City School District for the purchase or exchange of up to 10.12
acres of real property located at 20451 Craimer Lane in Huntington Beach and the purchase,
sale or exchange of APN 114-150-94 in the City of Huntington Beach.
May 5, 2008 - Council/Agency Minutes - Page 2 of 12
(City Council) Closed Session - Pursuant to Government Code Section 54957, the City Council
recessed into Closed Session to discuss the following personnel matter: Subject: Recruitment
of City Administrator
Reconvened City Council/Redevelopment Agency Meeting — 6:00 PM
There Were No Actions Reported By The City Attorney Taken During Closed Session
Pursuant to Government Code §54957.1(a) (3) (B).
City Council/Redevelopment Agency Roll Call
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
Absent: None
Pledge of Allegiance/Flag Salute — Led by Councilmember Don Hansen
Invocation — Provided by Peggy Price, Greater Huntington Beach Interfaith Council
Special Presentation — National Tourism Week, May 10 -18, 2008
Shirley Dettloff, former Mayor and President of the Huntington Beach Conference and Visitors
Bureau, was joined by Doug Traub, Executive Director of the Huntington Beach Conference and
Visitors Bureau, to thank Council for acknowledging National Tourism Week, May 10-18, 2008.
Mrs. Dettloff gave a PowerPoint presentation titled Tourism Works for Huntington Beach, which
highlighted the importance of tourism and the monetary benefits it provides to all citizens of
Huntington Beach. Director Traub stated that communities throughout the nation are
celebrating National Tourism Week and recognizing it as an important element in all
economies. Mayor Cook thanked them for tonight's presentation and presented a proclamation
for National Tourism Week.
Special Presentation — Mayor Bob Harvey — Waitakere, New Zealand
Mayor Cook introduced Bob Harvey, Mayor from our Sister City of Waitakere, New Zealand,
who thanked Mayor Cook for inviting him to attend tonight's Council meeting and greeted
everyone in his native language of the Maori. Mayor Harvey described elements of New
Zealand's Maori culture and acknowledged America as a haven for hope and vision for the rest
of the world. He discussed a recent trip he took to Shanghai, China and how positively the
Chinese spoke of Americans. He informed the public that he has been visiting Huntington
Beach for over 20 years, and gave examples of how the Sister City relationship has enriched his
life. He presented Mayor Cook with a gift. She thanked Mayor Bob for his wonderful hospitality
always shown to our visitors in New Zealand, and in particular those shown to her during the
time she spent there five years ago.
Councilmember Green dedicated tonight's meeting to Leila Robitaille, wife of former Chief of
Police Earle Robitaille, who recently passed away and Ann Mailman who was killed in an
automobile accident in Fountain Valley last week.
May 5, 2008 - Council/Agency Minutes - Page 3 of 12
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings Act), Senior Deputy City Clerk Rebecca Ross
announced the following communications received by the City Clerk's Office following
distribution of the agenda packet:
Communication submitted by Larry K. Gallup, dated April 28, 2008, and titled Proposed
Ordinance No. 3803 Amending Chapter 2.07 of HBMC.
Communication submitted by Norm "Firecracker" Westwell dated May 5, 2008, and titled, Late
Communication in Support of Agenda Item G-1b.
Public Comments
(The numbers following speakers' comments reflect the approximate point in time in the
archived video the speaker appears at http://www.surfcity-hb.org/government/agendas)
William Davis, Teamsters 911 General Counsel, spoke in support of Ordinance No. 3802
pertaining to the City's contract with the California Public Employees Retirement System
(CalPERS), and thanked Councilmembers who have supported this contractual benefit on
behalf of the employees he represents. He also voiced opposition, in consultation with
Municipal Employees Association (MEA), to proposed Ordinance No. 3803 pertaining to
campaign contribution limits. He stated that the current limit of $300 serves the City well, and
opening the door to big money invites government to be run by the "dollar bill." (17:41)
Councilmember Hansen asked Representative Davis what, if any, limitations are placed on his
union for contributions to independent campaigns. Mr. David replied that Teamsters Local 911
has a local political action committee (PAC), and for various elections they do donate in excess
of $300, but they impose their own limitations for contribution. Councilmember Hansen
inquired if a specific limitation is imposed for independent expenditure, and Representative
Davis responded that there are no limitations.
John Mlerzweiler spoke to Council about a personal encounter he had with a particular
Huntington Beach Police Officer. He explained that he approached the Officer to discuss his
involvement with a previous shooting that occurred in Huntington Beach, and voiced concern for
the Officer's perceived temper. He requested Council investigate this Officer's ability to
remain on the Huntington Beach police force. (20:33)
Connie Boardman, former Mayor, spoke in opposition to increasing campaign contribution
limits in proposed Ordinance No. 3803, and thanked Mayor Cook, Mayor Pro Tem Bohr and
Councilmember Hardy for their support of trying to keep limits at the current $300 per
contributor. She acknowledged the increased costs of running a campaign today, but discussed
the feasibility of raising the limits minimally, and not eliminate the limits altogether. She stated
her support of increasing limits up to a maximum of $500, and urged Council to oppose the
adoption of this ordinance as it was presented for first reading with no limits. (22:08)
Grace Winchell, former Mayor, spoke in opposition to increasing campaign contribution limits in
proposed Ordinance No. 3803, and noted the abuses that come into politics because of
money. She stated that increasing campaign contribution limits is directly against the tide of
public opinion, and suggested Council work with the City Attorney to place requirements on the
May 5, 2008 — Council/Agency Minutes — Page 4 of 12
political action committees (PACs) to reveal how contributions are received and what special
interest(s) they represent. She urged Council to work in this direction versus against the
public's will to not raise campaign contribution limits for individual candidates. (24:09)
Joe Shaw spoke in opposition to increasing campaign contribution limits in proposed Ordinance
No. 3803, and discussed the perceived negative reputation of Huntington Beach politicians.
In an attempt to heal and move forward in a positive direction for the City's campaign process,
he urged Council to preserve the integrity of our campaign process by maintaining a cap of
$300-$500 on campaign contribution limits. (26:24)
Guy Uffill spoke to Council about receiving a letter from the City's Finance Department
requesting him to pay a business license tax as an independent contractor. He voiced objection
to the City attempting to enforce State Law that allows for persons to be subject to this taxation
with reported Form 1099 compensation. He described his frustration to be categorized as an
independent contractor since he is a licensed broker working for a local mortgage corporation,
acting as a salesperson. He added that other salespersons in the office received extension
letters from the City, delaying enforcement of the business license tax until June 9 when a
determination is made between the City and the Orange County Association of Realtors,
explaining he did not receive an extension letter since he is classified as a broker. He urged
Council to invoke their authority to enlarge the pool of those who qualify for an extension.
(27:42)
Mark Bixby spoke in opposition to increasing campaign contribution limits in proposed
Ordinance No. 3803, and responded to arguments made by those who support unlimited
campaign contributions to improve transparency in government. It is his opinion that PACs
would have to disclose their source of money just as individuals do under the current $300 limit,
and he explained why he does not believe the proposed limits would lessen the roles of PACs in
campaigns. He urged Council to maintain the $300 limit, or at most, adopt the contribution limits
indexed to the cost of first-class postage. He encouraged Councilmembers to think this through
clearly and better represent the citizens of Huntington Beach by defeating the proposed option
of unlimited campaign contributions. (30:55)
Linda Scott spoke in opposition to increasing campaign contribution limits in proposed
Ordinance No. 3803. She described a hypothetical scenario of running a campaign funded
by deep pocket contributors versus a campaign organized in a grassroot fashion, and the
benefits of keeping an even playing field. She urged Council to maintain the current limit of
$300, or at most, indexing contribution limits to the cost of first-class postage. (33:44)
Tim Geddes spoke in opposition to increasing campaign contribution limits in proposed
Ordinance No. 3803, and voiced support for limitations remaining status quo of $300. He
discussed the perceived differences of State law versus local cities, and the benefits of
providing more transparency by keeping limitations capped at $300. He voiced concerns of
partisan patrons and special interest groups having the ability to run campaigns and the
perceived loss of grassroots campaigns, urging Council not to make the change in limitations
open ended, stating his support of contributions not to exceed $500 maximum. (36:30)
Councilmember Coerper indicated to Speaker Geddes that he would be happy to talk with him
after the meeting about Speaker Geddes' email inquiry regarding Councilmember Coerper's
vote at the Council meeting of April 21, 2008.
May 5, 2008 - Council/Agency Minutes - Page 5 of 12
(City Council) AB 1234 Disclosure Reporting
Mayor Pro Tern Bohr submitted a report, which is available in the City Clerk's Office.
City Administrator's Report
Interim City Administrator Paul Emery acknowledged the efforts of the departments of Police,
Fire, Public Works and Community Services for their outstanding efforts associated with the
Association of Volleyball professionals (AVP) Huntington Beach Open event held May 1 - 4 at
the Pier.
(City Council) Reviewed and Accepted Shari L. Freidenrich, City Treasurer's March 2008
Investment Summary Report Titled City of Huntington Beach Summary of City
Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for March
2008
Communication from City Treasurer Shari L. Freidenrich transmitting the Monthly Investment
Report and Summary of Investments for March 2008.
Councilmember Coerper thanked Treasurer Freidenrich for an outstanding report.
Councilmember Green discussed a news article that reported higher interest rates for CDs, and
questioned how it would affect City investments. Treasurer Freidenrich discussed the interest
rate curves of short- and long-term rate fund investments.
Councilmember Carchio asked Treasurer Freidenrich if she anticipated the State taking
away City funds. Treasurer Freidenrich explained how the State has already deferred
funds such as the highway user tax consisting of approximately $300,000, and she added that
over the next six months, the City will no longer receive a monthly allocation; rather, a lump sum
amount in September. Administrator Emery indicated that staff will continue to monitor the
State's activities and with the position of Proposition 1A providing enhanced protection to
municipal government, will continue to monitor what the State proposes in coordination with the
California League of Cities.
A motion was made by Green, second Carchio to accept the Monthly Investment Report entitled
Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
March 2008, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.
The motion carried by the following roll call vote_
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council) Administrative Public Hearing Held - Pursuant to Resolution No. 2008-07
Adopted February 19, 2008, Heard Protests and Objections Regarding Weed, Rubbish
and Refuse Abatement of Certain Public and Undeveloped Private Properties at Owners'
Expense
May 5, 2008 — Council/Agency Minutes — Page 6 of 12
The Council considered a communication from the Director of Public Works transmitting the
following Statement of Issue: Pursuant to Resolution No. 2008-07, a public hearing must be
held before staff can initiate the removal of weeds, refuse and rubbish from undeveloped private
properties at the owners' expense. Funding Source: Funds in the amount of $20,000 are
budgeted in the General Fund 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.
Travis Hopkins, Public Works Director, gave a PowerPoint report titled Annual Weed, Rubbish,
and Refuse Abatement Program which highlighted the program's timeline and dates affecting
the properties identified in the staff report.
Mayor Cook opened the public hearing.
Fausto Castillo informed Council that he owns a piece of property in the vicinity of Warner
Avenue and Beach Boulevard and that the Public Works Department has been aggressively
targeting his property for clean-up through two separate notices. Mr. Castillo believed this
action was excessive and Director Hopkins advised Council that he would obtain the
speaker's contact information and follow-up with him for further discussion.
Councilmember Coerper asked the speaker for his specific violations and speaker Castillo
described storing 20 sheets of stacked plywood and one motorhome. He further described how
he cleans the weeds monthly, and has taken photos of neighboring properties that are in much
worse condition than his.
There being no further persons present to speak on the matter and there being no protests filed,
either written or oral, the Mayor closed the public hearing.
Councilmember Green asked Director Hopkins to have a crew investigate an overgrowth
condition she observed on the street portion in the vicinity of Goldenwest and Talbert, near the
Central Library.
A motion was made by Green, second Coerper to authorize the Superintendent of Streets
(Director of Public Works) to proceed with the abatement of said nuisance. The motion carried
by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
Consent Calendar — Items Removed for Separate Discussion
(City Council) Accept a Grant in the Amount of $100,126 Awarded by the State of California
Office of Criminal Justice Planning for Funding of the 2008 Violence Against Women Domestic
Violence Program; Approve Appropriation and Authorize Expenditure of $100,126; and,
Approve and Authorize the Mayor and City Clerk to Execute a Professional Services Contract
Between the City of Huntington Beach and Community Service Programs Inc. (CSP) in the
Amount of $244,013 Over Three Years for the Victimi\litness Advocate Program
May 5, 2008 - Council/Agency Minutes - Page 7 of 12
(City Council) Approve and Authorize the Mayor and City Clerk to Execute Two Land Purchase
Agreements to Complete Improvements of the Heil Avenue Widening Improvement Project
Between Beach Blvd. and Silver Lane (CC-1230): Michael Fey in the Amount of $233,730 for
Partial Acquisition of Real Property Located at 7832 Alhambra Avenue, (APN 142-103-08) and,
Kent Martin in the Amount of $261,497 for Partial Acquisition of Real Property Located at 7842
Alhambra Avenue (APN 142-103-09)
Consent Calendar — Items Approved
A motion was made by Green, second to Coerper to approve the following Consent Calendar
items by affirmative vote. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council/Redevelopment Agency) Approved Minutes — Approved and adopted the
minutes of the City Council/Redevelopment Agency regular meeting of April 21, 2008 as written
and on file in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Approved and Authorized the Mayor and City Clerk to Execute the
Agreement Between the City of Huntington Beach and the County of Orange for the
Federal Beach Erosion Control Project, Stage 12 Project Area (Anaheim Bay Harbor to
the West Jetty of Newport Beach Harbor) for Sand Replenishment; and, Authorized the
Director of Finance to Transfer $39,200 from the Second Tier Reserve Fund —1)
Approved Agreement with Federal Beach Erosion Control Project Stage 12 with the County of
Orange, and directed the Mayor and City Clerk to execute same; and, 2) Authorized the Director
of Finance to transfer $39,200 from the Second Tier Reserve Fund into Contractual Services
account #10045101.69450 for the Federal Beach Erosion Control Project, Stage 12 for sand
replenishment. Submitted by the Director of Community Services. Funding Source: Second
Tier Reserve Fund. Transfer $39,200 into Community Services Administration Contractual
Services account #10045101.69450.
(City Council) Received and Filed the Mobile Home Advisory Board (MHAB) Annual
Summary Report for the Year 2007 — Received and filed the Mobile Home Advisory Board
(MHAB) 2007 Summary Report for the year 2007. Submitted by the Director of Economic
Development. Funding Source: Not applicable.
(City Council) Approved Project Plans and Specifications and Awarded Construction
Contract in the Amount of $312,242.60 to California Engineering and Contracting, Inc., for
the Safe Routes to School Project in the Vicinity of Newland School, CC-1304; and,
Authorized the Mayor and City Clerk to Execute Contract in a Form Approved by the City
Attorney — 1) Approved the project plans and specifications for the Safe Routes to School
Project, Cycle Vl Project in the vicinity of Newland School, CC-1304; and, 2) Accepted the
lowest responsive and responsible bid submitted by California Engineering and Contracting, Inc.
in the amount of $312,242.60; and, 3) Authorized the Mayor and City Clerk to execute a
construction contract in a form approved by the City Attorney. Submitted by the Director of
Public Works. Funding Source: Grant funds in the amount of $251,700 are budgeted in the
Safe Routes to School Fund Traffic Improvements, 87890004.82700. Matching funds in the
amount of $220,300 are budgeted in the Traffic Impact Fund 20690007.84400 and $100,000 is
May 5, 2008 - Council/Agency Minutes - Page 8 of 12
budgeted in the Gas Tax Fund 20790007.82700. The estimated cost of the project is $572,000,
which includes the purchase of traffic signal equipment by the City.
(Redevelopment Agency) Approved and Authorized the Chairperson and Agency Clerk
to Execute the Agreement and Escrow Instructions Between the Redevelopment Agency
of the City of Huntington Beach and HB Auto 1, LLC for Purchase and Sale in the Amount
of $3,500,000 for Real Property Located at 7872 Edinger Avenue (APN 142-081-28);
Authorized an Appropriation of $3,500,000 from the Undesignated Fund Balance, Merged
Redevelopment Agency Capital Projects Fund to the Redevelopment Agency Business
Unit — 1) Approved the Agreement and Escrow Instructions for Purchase and Sale of Real
Property between the Redevelopment Agency of the City of Huntington Beach and HB Auto 1,
LLC for the purchase of property located at 7872 Edinger Avenue; and, 2) Authorized Chair-
person and Agency Clerk to sign and execute the Agreement and Escrow Instructions for
Purchase and Sale of Real Property; and, 3) Authorized the Executive Director or designee to
take any action and execute and all documents and agreements necessary to implement this
agreement; and, 4) Appropriated $3,500,000 from the Merged Redevelopment Agency Capital
Projects Fund balance into account 30580101.81100. Submitted by the Deputy Executive
Director. Funding Source: An appropriation of $3,500,000 from the Undesignated Fund
Balance, Merged Redevelopment Agency Capital Projects Fund to the Redevelopment Agency
business unit account (30580101.81100) is recommended.
(City Council) Accepted a Grant in the Amount of $100,126 Awarded by the State of
California Office of Criminal Justice Planning for Funding of the 2008 Violence Against
Women Domestic Violence Program; Approved Appropriation and Authorized
Expenditure of $100,126; and, Approved and Authorized the Mayor and City Clerk to
Execute a Professional Services Contract Between the City of Huntington Beach and
Community Service Programs Inc. (CSP) in the Amount of $244,013 Over Three Years for
the Victim/Witness Advocate Program — Submitted by the Chief of Police. Funding
Source: A 24.485% City match of $24,516 is required which has been included in the Police
Department's budget, under the General Fund, Account Number 10070203. The balance of
$75,610 will be offset by new revenue. A new grant fund will be established upon approval by
the City Council. No additional appropriation of funds is necessary.
Councilmember Coerper pulled this item from the Consent Calendar and asked Chief of Police
Ken Small to briefly describe the Victim Witness in Advocacy Program and what it means to
our community. Chief Small discussed the City's joint partnership with the State in the grant
funded program over the past ten years, whereby funding is provided to the City for advocacy
for domestic violence victims. He described how a contribution match from the City results in
providing one full-time employee who works within the Investigation Division of the Police
Department, adding that approval of the contract will provide this service for another year.
Councilmember Coerper and Chief Small discussed the opportunity to donate used cell phones
to the Community Service Program (CSP) victims.
A motion was made by Green, second Coerper to 1) Accept the grant between the State of
California, Office of Criminal Justice Planning and the City of Huntington Beach; and, 2)
Approve the appropriation of $100,126, of which $75,610 is to be fully reimbursed by the grant
from the Office of Criminal Justice Planning. The remaining $24,516 will be funded from
appropriations in the Police Department's budget; and, 3) Authorize the expenditure of funds of
$100,126 plus interest to pay for the Professional Services Contract Between the City of
Huntington Beach and Community Service Program, Inc. for Victim/Witness Advocate, and
May 5, 2008 — Council/Agency Minutes — Page 9 of 12
some operating costs related to the Domestic Violence Program for the first year of the contract;
and, 4) Approve and authorize the Mayor and City Clerk to execute the Professional Services
Contract Between the City of Huntington Beach and Community Service Program, Inc. for
Victim/Witness Advocate. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council) Approved and Authorized the Mayor and City Clerk to Execute Two Land
Purchase Agreements to Complete Improvements of the Heil Avenue Widening
Improvement Project Between Beach Blvd. and Silver Lane (CC-1230): Michael Fey in the
Amount of $233,730 for Partial Acquisition of Real Property Located at 7832 Alhambra
Avenue, (APN 142-103-08) and, Kent Martin in the Amount of $261,497 for Partial
Acquisition of Real Property Located at 7842 Alhambra Avenue, (APN 142-103-09) —
Submitted by the Director of Economic Development and the Director of Public Works.
Funding Source: Funds to cover purchase price and escrow fees are budgeted in the Traffic
Impact Fund, Heil Avenue Street Widening, Land Purchase, Account No. 20690009.81100.
Councilmember Coerper pulled this item from the Consent Calendar for clarification from staff
that the affected property owners indicated in this staff report are satisfied with what is deemed
fair and equitable prices. Administrator Emery responded by referring Council to pages E.6.11
and E.6.22 of the staff report, and discussed how closely staff had been working with the
affected property owners to everyone's satisfaction.
A motion was made by Green, second Coerper to 1) Approve the Agreement for Acquisition of
Real Property (Escrow Instructions) between the City of Huntington Beach and Michael Fey;
and, 2) Approve the Agreement for Acquisition of Real Property (Escrow Instructions) between
the City of Huntington Beach and Kent Martin; and, 3) Authorize the Mayor and City Clerk to
execute the agreements and other related necessary documents. The motion carried by the
following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council) Adopted Ordinance No. 3802 Authorizing an Amendment to the Contract
Between the City of Huntington Beach and the Board of Administration of the California
Public Employees' Retirement System (CaIPERS) Implementing Enhanced Retirement
Benefits - CalPERS 2.5% @ 55 Formula for Municipal Employees' Association (MEA),
Management Employees' Organization (MEO), Police Officers' Association (POA)
Miscellaneous (Non -Safety) Members, and Non -Associated (NA) Employees (Approved
for Introduction April 21, 2008)
Mayor Cook commented that her vote is not reflective of what she thinks about the City's
hardworking, dedicated employees; instead her vote reflects her concern for the long-term
financial viability of retirement benefits.
A motion was made by Coerper, second Green to after City Clerk reads by title, Adopt
Ordinance No. 3802, "An Ordinance of the City of Huntington Beach Authorizing an
Amendment to the Contract Between the City Council of the City of Huntington Beach and the
May 5, 2008 — Council/Agency Minutes — Page 10 of 12
Board of Administration of the California Public Employees' Retirement System. " The motion
carried by the following roll call vote:
AYES: Bohr, Coerper, Green, and Carchio
NOES: Hansen, Hardy, and Cook
(City Council) Amended and Approved For Introduction Ordinance No. 3803 —
Amending Chapter 2.07 of the Huntington Beach Municipal Code (HBMC) Relating to
Campaign Reform.
A motion was made by Hansen to move adoption of Ordinance No. 3803. The motion failed for
lack of a second.
Councilmember Green moved to delete Section 2.07.160 Reporting of Late Contributions,
and identified the potential for mistakes that have occurred in the past. Mayor Cook
asked Attorney McGrath if the requested action would trigger a first reading this evening
and Attorney McGrath confirmed. The motion failed for lack of a second.
A motion was made by Coerper, second Green to exclude from consideration with this motion
Section 2.07.050, Campaign Contribution Limitations and move the balance of Ordinance
3803 for introduction as amended to delete Section 2.07.160 Reporting of Late
Contributions. (Vote to follow)
Councilmember Hardy stated her support of deleting Section 2.07.160 since early voting
(absentee) has become more common and the issue of late contributions is not as critical
because generally by the last two weeks of a campaign, the money has already been spent.
A call for the vote was made on the original motion made by Coerper, second Green to after the
City Clerk reads by title, approve for introduction Ordinance No. 3803, "An Ordinance of the
City of Huntington Beach Amending Chapter 2.07 of the Huntington Beach Municipal Code
Relating to Campaign Reform, " excluding from consideration with this motion, Section
2.07.050, Campaign Contribution Limitations, and amending Ordinance No. 3803 to delete
Section 2.07.160 Reporting of Late Contributions. The motion carried by the following roll
call vote:
AYES: Hansen, Hardy, Bohr, Coerper, Green, and Carchio
NOES: Cook
A motion was made by Coerper, second Bohr to after the City Clerk reads by title, introduce
Ordinance No. 3803, "An Ordinance of the City of Huntington Beach Amending Chapter 2.07 of
the Huntington Beach Municipal Code Relating to Campaign Reform, " amending Section
2.07.050 Campaign Contribution Limitations to reflect a $500 limit. (Vote to Follow)
A lengthy discussion ensued amongst Councilmembers related to personal preferences
pertaining to campaign contribution limits, the identification of differences between the City's
campaign process versus the School District's, increased costs associated with running local
campaigns, and a consensus of gratitude voiced by all Councilmembers for members of the
public who participated in the Campaign Finance Reform Committee.
May 5, 2008 - Council/Agency Minutes - Page 11 of 12
Councilmember Hansen discussed merits of adopting the State Law of no limits on campaign
contributions, and why he believes it allows for transparency, while creating less controversy
between the candidates.
Mayor Cook stated that she hadn't heard a compelling argument that would justify a change to
the existing ordinance pertaining to campaign contributions, and she voiced concerns that the
Council would ignore the public's input on substantive items made during the Campaign
Finance Reform Committee meetings.
A substitute motion was made by Green, second Hansen to after the City Clerk reads by title,
Adopt Ordinance No. 3803, "An Ordinance of the City of Huntington Beach Amending Chapter
2.07 of the Huntington Beach Municipal Code Relating to Campaign Reform, " amending
Section 2.07.050 Campaign Contribution Limitations to reflect State Law: no contribution
limit. The motion failed by the following roll call vote:
AYES: Hansen, Green, and Carchio
NOES: Hardy, Bohr, Cook, and Coerper
A call was made for the vote on the original motion made by Coerper, second Bohr to after the
City Clerk reads by title, introduce Ordinance No. 3803, "An Ordinance of the City of
Huntington Beach Amending Chapter 2.07 of the Huntington Beach Municipal Code Relating to
Campaign Reform," amending Section 2.07.050 Campaign Contribution Limitations
amended to reflect a $500 limit. The motion failed by the following roll call vote:
AYES: Hansen, Bohr, and Coerper
NOES: Hardy, Cook, Green, and Carchio
(City Council) Approved for Introduction Ordinance No. 3804 Amending Chapter 3.06 of
the Huntington Beach Municipal Code (HBMC) Relating to Surplus Real Property; and,
Authorized the City Engineer to Execute All Necessary Documents to Affect the Transfer
of the City's Interest in the Edinger Bridge Easement to the County of Orange
Council considered a communication submitted by the Director of Public Works and the Director
of Economic Development transmitting the following
Statement of Issue: An addition to Chapter 3.06.010, Surplus Real Property, of the Huntington
Beach Municipal Code is proposed to empower the sales, conveyances, and leases of real
property to a public agency. Funding Source: No funding is required for this action.
Travis Hopkins, Director of Public Works, gave a brief overview of the proposed Ordinance and
informed Council that upon its approval, the City would convey its interest in the Edinger Bridge
easement to the County of Orange, the current owner/operator of the Bridge.
A motion was made by Coerper, second Hansen to after City Clerk reads by title, 1) Approve
Introduction of Ordinance No. 3804, "An Ordinance of the City of Huntington Beach Amending
Section 3.06.010 of the Huntington Beach Municipal Code Relating to Surplus Real Property;
and 2) Authorize the City Engineer to execute all necessary documents to affect the transfer of
the City's interest in the Edinger Bridge Easement to the County of Orange upon the effective
date of the ordinance. The motion carried by the following roll call vote:
May 5, 2008 — Council/Agency Minutes — Page 12 of 12
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
Council Comments — (Blot Agendized)
Councilmember Coerper reported attending the United States Army's Southern California
Recruiting Battalion Change of Command at March Air Force Base naming outgoing officer LTC
Kurt J. Ko and incoming officer LTC Miguel D. Howe. He also thanked Don and Betty
McFarland, Mark and Jennie Bolotin, Roy and Elvera Smith, Joan Flynn, Cathy and Peter
Green, Connie and Bob Mandic, and POA President Kreg Muller who all provided meals and
flowers to his family during his wife Louann's recent foot surgery.
City Council/Agency Adjournment
Mayor Cook adjourned the regular meeting of the City Council/Redevelopment Agency of the
City of Huntington Beach at 7:44 PM.
The next regularly scheduled meeting will be Monday, May 19, 2008, at 4:00 PM, in Room B-8,
Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
r
City Clerk -Clerk
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
Mayor-Chair