HomeMy WebLinkAbout2005-05-16 (6)Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, May 16, 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 Patricia Albers to 4:30
p.m. in Room B-8 due to a lack of quorum.
Call to Order
Mayor Hardy called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 4:30 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Hansen, Coerper, Sullivan (arrived at 4:40 p.m.), Hardy, Green, Bohr, Cook
Absent: None
The City Clerk Announced A Late Communication
Pursuant to the Brown (Open Meetings) Act, Senior Deputy City Clerk Dale Jones announced a
Late Communication regarding an agenda item that had been received by the City Clerk's office
following distribution of the agenda packet:
Communication submitted by Public Resource Management Group, LLC (PRM) dated May 16,
2005 and titled Presentation to the City of Huntington Beach For. Cost Allocation and User Fee
Study.
(City Council/Redevelopment Agency) Study Session Held — Presentation Given by the
Consultant, Public Resource Management (PRM) Regarding Cost Allocation and User Fee
Study (310.10)
Finance Officer Dan Villella introduced Brad Wilkes and Erin Payton from Public Resource
Management (PRM). Mr. Wilkes gave an overview of the study and its goals and objectives.
He then clarified the Cost Allocation Plan (CAP), the inclusion of indirect costs, and the benefits
of CAP information — including Federal/State Grant reimbursement and SB 90 claims. Ms.
Payton gave an explanation of the user fee charts.
Council inquiries followed regarding current PRM clients, specific fees studied in the report and
recommendations to change or maintain them, depreciation, and if the numbers in the report are
current. Mr. Wilkes and Ms. Payton responded to all inquiries.
Mayor Pro Tern Sullivan informed Council of his experience with reports of this type.
(2) May 16, 2005 - Council/Agency Minutes - Page 2
Motion to Recess to Closed Session — Approved
A motion was made by Coerper, second Hansen to recess to Closed Session on the following
items. The motion carried by consensus of all present, none absent.
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its Attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Dennis De Lautour v. City of Huntington Beach;
WCAB Case Nos. ANA 0305751, 0305752, and 0305711; Claims Nos. COHB-95-0066, 96-
0100, and 93-0071. Subject: Dennis De Lautour v. City of Huntington Beach. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its Attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Bert Adkins v. City of Huntington Beach; WCAB
Case Nos. AHM 0099783, 0099766, 0099718, RIV 0003722; LBO 0345221; Claim No. COHB
95-0027. Subject: Bert Adkins v. City of Huntington Beach. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its Attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Andino v. Orange County Sanitation District, et al;
Orange County Superior Court Case No. 05CC00054. Subject: Andino v. Orange County
Sanitation District, et al. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives: Agency Negotiators: Penelope Culbreth-Graft, City
Administrator; Chuck Thomas, Acting Director of Administrative Services, Dan Villella, Finance
Officer; and Irma Youssefieh, Human Resources Manager regarding labor relations matters —
meet and confer with the following employee organizations: PMA, FMA, MSOA, and SCLEA.
Subject: Labor Relations — Meet & Confer. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 6:00 P.M. — Council
Chambers.
City Council- Redevelopment Agency Roll Call
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
Absent: None
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B).
Mayor Hardy asked City Attorney Jennifer McGrath if there were any actions taken by the City
Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney
McGrath responded that there were no actions to report.
Pledge of Allegiance — Led by Mayor Jill Hardy
Invocation — Led by Reverend Bruce Templeton, First Christian Church of Huntington Beach
(3) May 16, 2005 - Council/Agency Minutes - Page 3
The Senior Deputy City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, Senior Deputy City Clerk Dale Jones announced
Late Communications regarding agenda items that had been received by the City Clerk's office
following distribution of the agenda packet:
Communication submitted by Public Resource Management Group, LLC (PRM) dated May 16,
2005 and titled Presentation to the City of Huntington Beach For. Cost Allocation and User Fee
Study.
Communication submitted by Mayor Jill Hardy dated May 16, 2005 titled F-1— Intergovernmental
Relations Recommendations.
Communication submitted by Marinka Horack dated May 14, 2005 titled Last Minute H Item — Bolsa
Chica Annexation Issue at May 16 City Council Meeting.
Communication submitted by Lois Vackar dated May 15, 2005 titled Sneaky H Item.
Communication submitted by Julie Bixby dated May 13, 2005 titled Item H-1 a on 5116105 Agenda.
Communication submitted by Mark Bixby dated May 13, 2005 titled Bolsa Chica/Brightwater
Annexation.
Communication submitted by Eileen Murphy dated May 14, 2005 titled Agenda for City Council
Meeting of May 16, 2005.
Presentation - Mayor Jill Hardy called on Ian Collins, Chair of the Children's Needs Task Force
who announced the Youth Character Awards. The following seventeen youths were honored:
Alison Baskin, Justin Blaustein, Blair Boies, Devon Cason, Naomi Castellano, Heather Faland,
Cole Harrington, Kathryn Hopfensperger, Madelyn Hopfensperger, Devon Kelley -Hickman,
Ashlyn Kettler, Mikhail Korotkin, Breanne Lockard, Jessyca Medina, Jessica Midden, David
Monroe, and Tehya Silva. (160.40)
Presentation - Mayor Jill Hardy called on Community Services Commission Chair Nick
Tomaino who presented the annual Youth Sports Grants to Huntington Beach High School
Baseball Booster Club, North Huntington Beach Girls Softball, Huntington Beach High School
Softball Boosters, Edison High School Baseball Boosters, Marina High School Boys Soccer
Boosters, Seaview Little League, Robinwood Little League, Ocean View Little League, South
Huntington Beach Girls Fastpitch Softball, Huntington Beach Football Boosters/Jr. All American
Football, and Therapeutic Riding Center of Huntington Beach. (160.40)
Presentation - Mayor Jill Hardy called on Police Chief Ken Small who announced the results of
the 21" Annual Baker to Vegas Challenge Cup Relay. The Huntington Beach Team placed 2nd
in their division. Chief Small gave special recognition to Team Captain, Police Officer Gary
Gosper. (160.40)
Mayor's Award - Mayor Jill Hardy called on Acting Director of Public Works Paul Emery who
presented the Mayor's Award to Leadworker Geoff Peterson in the Signs and Markings section,
Transportation Division. Mr. Peterson started with the City in 1982 and is currently responsible
for the fabrication and maintenance of most City signs including all of the 30,000 traffic control
signs. (160.40)
(4) May 16, 2005 - Council/Agency Minutes - Page 4
(City Council) Councilmember Hansen Announced Duck-A-Thon 2"d Place Winner (120.85)
Councilmember Hansen announced Mayor Hardy's duck came in 2"d at the Duck-A-Thon held on
May 14`� to benefit the Community Care Health Center.
Public Comments
Steve Jelnick, resident of southeast Huntington Beach, voiced his opinions on the proposed
desalination plant, stating concerns with beach pollution.
Alan Chancellor, Chair of the Huntington Beach Human Relations Task Force, invited the public to
a "Diversity in Our Community" meeting to be held on May 26, 2005 from 6:30 — 8:30 p.m. in the
Council Chambers. Mr. Chancellor announced that panel presentations would explore motivation
for, and ways to combat, hate crimes and that further information may be obtained by calling 714-
374-5307.
Gerald Chapman spoke on behalf of the Bolsa Chica Land Trust stating that the item on the
agenda regarding annexation of the Bolsa Chica is premature since the appeals process has not
ended. Mr. Chapman suggested changes to the language in the staff recommended action.
Herb Duysings stated concerns about potholes in City streets and inquired about the repair
schedule. Mr. Duysings also voiced his opposition to any increase in taxes to fund the purchase of
school sites or for Fire Department salary increases.
Nancy Donaven informed Council of her opposition to the proposed desalination plant and refuted
that the plant can bring revenue to the City. She announced a website, HBDesalfacts.org for further
information. Ms. Donaven additionally stated her opinion that the agenda item that addresses
annexation of Bolsa Chica is premature.
Paul Arms, President of the Orange County League of California Voters, voiced his opinion that the
Bolsa Chica annexation agenda item should have been noticed to Bolsa Chica Land Trust Board
Members. Mr. Arms asked Council to attend the next Land Trust Board Meeting in order to discuss
future plans for Bolsa Chica.
Flossie Horgan, Co-founder of the Bolsa Chica Land Trust, stated her opinion that the Bolsa Chica
annexation agenda item is premature. Ms. Horgan informed Council that the deadline to purchase
the lower bench was extended to December 2005, and urged Council to delay consideration of
annexation.
Larry Porter announced that he is a member of Residents for Responsible Desalination and spoke
in opposition to the proposed desalination plant, citing pollution concerns. Mr. Porter urged Council
to visit two websites, Poseidon Resources. com and HBDesalfacts.org. to learn more.
Alan Gandall spoke in support of the Consent Calendar item regarding public lands in the vicinity
of the Wardlow and Lamb School sites and thanked Council for their assistance. Mr. Gandall also
congratulated the Police Department Baker to Vegas Team.
(5) May 16, 2005 - Council/Agency Minutes - Page 5
Dave Guido, President of Huntington Beach Tomorrow, spoke in favor of the Consent Calendar
item regarding public lands in the vicinity of the Wardlow and Lamb School sites and the
preservation of open space in general.
(City Council) Councilmember Coerper Announced Meeting of 3/1 Marine Battalion Support
Committee (120.20)
Councilmember Coerper announced that a meeting is scheduled for May 20, 2005 on the 4t'
floor of City Hall for "3/1" Committee members and Councilmembers.
(City Council) Public Hearing Held - Accepted as Adequate and Complete the Downtown
Parking Master Plan Annual Review and Monitoring Report and Forwarded to the
California Coastal Commission (Documenting Building Activity and Land Use Changes
from June 1, 2003 to June 1, 2004 in the Downtown Specific Plan Generally Bounded by
Pacific Coast Highway, Sixth Street, Acacia Avenue and Second Street) (440.30)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the
following:
Applicant: City of Huntington Beach Planning Department
Request: Annual review of the Downtown Parking Master Plan, documenting building activity and
land use changes between June 1, 2003 and June 1, 2004
Location: Downtown Specific Plan area (generally bounded by Pacific Coast Highway, Sixth
Street, Acacia Avenue and Second Street)
Environmental Status: Notice is hereby given that this item is covered under Environmental
Impact Report No. 82-2, approved in conjunction with the Downtown Specific Plan.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Councilmember Bohr announced that he would abstain from this item due to potential conflict of
interest, and left the room.
Planning Director Howard Zelefsky gave an overview of the item and introduced Associate Planner
Ron Santos. Mr. Santos presented a PowerPoint slide report titled 2004 Downtown Parking Master
Plan Annual Review and Monitoring Report, which was included in the agenda packet.
Mayor Hardy declared the public hearing open.
Steve Ray spoke on behalf of the Planning Commission and recommended Council approve
the item as recommended. Mr. Ray reported on the shared parking concept as it applies to the
downtown area, the Pacific City project, the potential closing of part of Main Street, and parking
structure revenue.
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.
(6) May 16, 2005 - Council/Agency Minutes - Page 6
A motion was made by Hansen, second Cook to accept as adequate and complete the June 1,
2003 to June 1, 2004 annual review and monitoring report of the Downtown Parking Master
Plan and forward to the Executive Director of the California Coastal Commission. The motion
carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Cook
NOES: None
ABSENT: None
ABSTAIN: Bohr
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council/Redevelopment Agency) Minutes
(City Council) Mid Year Budget Adjustments for Fiscal Year 2004-2005 and Transfer of $5.368
Million from the General Fund to the Capital Improvement Project (CIP) Fund — Transfer of
Existing Professional Services Appropriations in the City Attorney's Budget to Personnel
Services for the Hiring of Two New Deputy City Attorneys
(City Council/Redevelopment Agency) Revised Affordable Housing Agreement between the City
and Mainstreet Townhomes LLC (located Southwest corner of Main and Holly Streets)
(City Council) Resolution Number 2005-38 Relating to the Inadequacy of Public Lands in the
Vicinity of the Wardlow and Lamb School Sites to Meet the Existing and Foreseeable Needs of
the Community for Playground, Playing Field, and Other Outdoor Recreational and Open -Space
Purposes (Wardlow School is located at 9191 Pioneer Drive; Lamb School is at 10251 Yorktown
Avenue)
(City Council) Resolution Number 2005-36 Approving the Fiscal Year 2005-2006 Refuse Rate
Increase and Accept Additional Downtown Collection Donated by Rainbow Disposal for July 1
through December 31, 2005
Consent Calendar — Items Approved
On motion by Coerper, second Cook Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Resolution Number 2005-35 Authorizing the Signatures of Shari L.
Freidenrich, Dan T. Villella, Valaya Chitchakkol and James Slobojan for Execution of
Financial Transactions in the Name of the City (Repeals Resolution Number 2000-103 and
Any and All Others in Conflict) (630.50) — Adopted Resolution Number 2005-35
—"A Resolution of the City Council of the City of Huntington Beach Authorizing the Manual
and/or Facsimile Signatures of Shari L. Freidenrich, Dan T. Villella, Valaya Chitchakkol and
James Slobojan"as persons authorized to execute financial transactions in the name of the City
of Huntington Beach. Submitted by the City Treasurer. Funding Source: Not applicable.
(7) May 16, 2005 - Council/Agency Minutes - Page 7
(City Council) Approved Professional Services Contract between the City of Huntington
Beach and EIP Associates for Professional Planning Services to Prepare an Environmental
Impact Report (EIR) for a Proposed 204-Unit Multi -Family Residential Project at 21471
Newland Street (South of Lomond Drive, North of the Terminus of Hamilton Avenue) (600.10)
—1. Approved the Professional Services Contract Between the City of Huntington Beach and EIP
Associates for Professional Planning Services to Prepare an Environmental Impact Report for the
Newland Street Residential Project in the amount of Two Hundred Seventy -Three Thousand, Seven
Hundred Ninety -Three Dollars ($273,793.00), as prepared by the City Attorney, and authorized the
Mayor and City Clerk to sign; and 2. Appropriated funds in the amount of Two Hundred Seventy -
Three Thousand, Seven Hundred Ninety -Three Dollars ($273,793.00) for the Professional Services
contract between the City and EIP Associates, for which the developer will fully reimburse the City.
Submitted by the Planning Director. Funding Source: The funding source will be an initial deposit
of Seventy -Three Thousand, Seven Hundred Ninety -Three Dollars ($73,793.00) placed with the
City by WL Direct Huntington Beach, LLC, the project proponent, the remaining Two Hundred Thousand
Dollars ($200,000.00) is to be paid in subsequent quarterly payments by the project proponent, as billed by
the City, until completion of the project. Thus, there will be no fiscal impact. (See Agenda Item to follow.)
(City Council) Approved Reimbursement Agreement between the City and Project Applicant,
WL Direct Huntington Beach, LLC for Costs Incurred for Professional Planning Services in
Connection with a Proposed, 204-Unit Multi -Family Residential Project at 21471 Newland
Street (South of Lomond Drive, North of the Terminus of Hamilton Avenue) (600.10)
Approved the Reimbursement Agreement Between the City of Huntington Beach and WL Direct
Huntington Beach, LLC for Costs Incurred for Professional Services and authorized the Mayor and
City Clerk to sign. Submitted by the Planning Director. Funding Source: The proposed
Reimbursement Agreement between the City and WL Direct Huntington Beach, LLC requires the
developer to defray the costs of professional planning services by making an initial deposit of
Seventy -Three Thousand, Seven Hundred Ninety -Three Dollars ($73,793.00) with the City. The
remaining Two Hundred Thousand Dollars ($200,000.00) is to be paid in quarterly payments by the
developer until completion of the project.
(City Council) Approved the Project Plans and Specifications and Awarded Construction
Contract to Sancon Technologies, Inc. for the Fiscal Year 2004/2005 Sewer Rehabilitation
Project; CC-1270 (Located within Reporting Districts 442, 453 and 463 in the Southeast Area)
(600.60) —1. Approved the project plans and specifications; and 2. Accepted the lowest
responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of
$1,272,887.20 for the 2004/05 Sewer Rehabilitation Project; CC-1270; and 3. Authorized the
Mayor and City Clerk to execute a construction contract in substantially the same form as the
attached sample contract. Submitted by the Acting Public Works Director. Funding Source: Funds for
this project are budgeted through the Sewer Service Fund, Sewer Line CIP (Capital improvement Project)
Account No. 51189002.82600. The Engineer's cost estimate was $1,500,000.
(City Council) Adopted Resolution Number 2005-37 Requesting the Orange County
Transportation Authority (OCTA) to Allocate from the Combined Transportation Funding
Program (CTFP) for the Beach Boulevard Widening at Edinger Avenue Project; CC-1105
(Southeast Corner) (800.45) — Adopted Resolution Number 2005-37 — "A Resolution of the City
Council of the City of Huntington Beach Requesting the Orange County Transportation Authority to
Allocate Combined Transportation Program Funds for Beach Boulevard Widening at Edinger
Avenue." Submitted by the Acting Public Works Director. Funding Source: Funds in the amount of
$500,000 have been budgeted in the Orange County Transportation Authority (OCTA) Grant Fund,
Beach/Edinger Improvements, Street Improvements Account No. 87390003.82300. This amount
includes up to $452,519 in reimbursable CTFP grant funds.
(8) May 16, 2005 - Council/Agency Minutes - Page 8
(City Council) Adopted Restated and Revised Resolution Number 2005-3 Approving
Street Name Change from Alcala Circle to Veleta Circle (New Housing Tract 15549 off
Pacific View Drive, in Front of the Waterfront Hilton and Hyatt Regency Hotels, Grid 462)
(800.70) — Adopted Resolution No. 2005-3 — "Restated and Revised Resolution of the City
Council of the City of Huntington Beach Providing for the Change of the Street Name of Alcala
Circle to Veleta Circle." Submitted by the Police Chief. Funding Source: Any costs associated
with changing the street sign can be absorbed in the existing fiscal year 2004-2005
Police Department budget. The identified cost is related to changing the one street sign and is
estimated to be $26.00. (Revises Resolution Number 2005-3 approved 1/3/05.)
(City Council) Approved Amendment Number 1 to the Professional Services Contract
between the City and Willdan to Authorize New Expenditure Required by Verizon Inc. for
Fiber -To -The -Premises (FTTP) Project Management and Inspection Services and
Authorized the Appropriation of Funds (600.10) —1. Approved and authorized the Mayor
and City Clerk to execute Amendment No. 1 to Professional Services Contract between the City
of Huntington Beach and Willdan for Development Processing Services, and 2. Appropriated
$800,000 from the General Fund to fund the services; and 3. Authorized the expenditure of an
additional $800,000 for professional services from Business Unit 10085251. Submitted by the
Acting Public Works Director. Funding Source: Appropriate $800,000 from the General Fund
undesignated balance to Public Works, Development Services. Professional Services Account
10085251.69365. Revenues received from Verizon will offset the expenditures.
(City Council/Redevelopment Agency) Minutes Continued to June 6, 2005 Meeting
(120.65)
The City Council considered a communication from the City Clerk transmitting the minutes of
the City Council/Redevelopment Agency Regular Meetings of April 18, 2005 and Adjourned
Regular Meetings of April 25, 2005 as written and on file in the Office of the City Clerk.
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to ask that the minutes be continued to the next regular meeting and a review be
made of his votes on the April 18, 2005 public hearing item related to Zoning Text Amendment
No. 03-02.
(City Council) Approved Mid Year Budget Adjustments for Fiscal Year 2004-2005 and
Approved Transfer of $5.368 Million from the General Fund to the Capital Improvement
Project (CIP) Fund — Approved Transfer of Existing Professional Services Appropriations
in the City Attorney's Budget to Personnel Services for the Hiring of Two New Deputy
City Attorneys (320.10)
The City Council considered a communication from the Finance Officer transmitting the
following Statement of Issue: (1) An existing financial policy requires that fifty percent (50%) of
the general fund balance in excess of the seven percent (7%) reserve requirement be
transferred to the Capital Improvement Project (CIP) Fund. (2) City Attorney's staffing level is
unable to meet the increasing demands for legal advice and litigation. Funding Source: (1)
Transfer $5.368 million from the General Fund undesignated fund balance; and (2) Transfer
$75,000 from the City Attorney's professional services operating account to the salaries
account.
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to inquire about Redevelopment Agency and Equipment Replacement transfers. City
Administrator Culbreth-Graft gave clarification on these items.
(9) May 16, 2005 - Council/Agency Minutes - Page 9
A motion was made by Sullivan, second Green to 1. Approve the transfer of $5.368 million from
the General Fund undesignated fund balance to the CIP fund; and 2. Approve the transfer of
existing professional services appropriations in the City Attorney's budget to Personnel Services
for the hiring of 2 new Deputy City Attorneys. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Approved Revised Affordable Housing Agreement
between the City and Mainstreet Townhomes LLC (located Southwest corner of Main and
Holly Streets) (600.30)
The City Council considered a communication from the Planning Director transmitting the
following Statement of Issue: Transmitted for your consideration is a request by Mainstreet
Townhomes LLC to approve a revised affordable housing agreement for a 20 unit attached
townhome project located at the southwest comer of Main and Holly Streets. The amended
agreement will restrict three townhomes to moderate income (120% of Orange County Median)
households for a period of 30 years in accord with the Holly Seacliff Specific Plan affordable
housing requirements. The original affordable housing agreement for the property was for three
units restricted to median income households (100% of Orange County Median) for 60 years.
Staff recommends that the City Council review and approve the revised affordable housing
agreement.
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to ask for clarification on the revisions made and the applicability to the Holly-Seacliff
Development. Planning Director Howard Zelefsky reported.
A motion was made by Sullivan, second Green to approve the Revised and Restated
Declaration of Conditions, Covenants and Restrictions for Property (Resale Restrictions) by and
between the City of Huntington Beach City Council/Redevelopment Agency and Mainstreet
Townhomes LLC, and authorize the Mayor/Agency Chair, Executive Director and City Clerk to
sign and execute (Attachment No. 1). The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Resolution Number 2005-38 Relating to the Inadequacy of Public
Lands in the Vicinity of the Wardlow and Lamb School Sites to Meet the Existing and
Foreseeable Needs of the Community for Playground, Playing Field, and Other Outdoor
Recreational and Open -Space Purposes (Wardlow School is located at 9191 Pioneer
Drive; Lamb School is at 10251 Yorktown Avenue) (650.10)
The City Council considered a communication from the Community Services Director and
Planning Director transmitting the following Statement of Issue: The City of Huntington Beach
has received notice from the Fountain Valley School District of its intention to dispose of surplus
real property commonly referred to as Wardlow School site and Lamb School site and located at
9191 Pioneer Drive and 10251 Yorktown Street in Huntington Beach, respectively. Under the
Naylor Act, the City must pass a resolution if it intends to negotiate with the school district to
acquire all or part of either or both school sites.
(10) May 16, 2005 - Council/Agency Minutes - Page 10
Councilmember Bohr requested that this agenda item be removed from the Consent Calendar
to highlight to citizens the efforts being made by the City.
A motion was made by Bohr, second Cook to adopt Resolution Number 2005-38 —A
Resolution of the City Council of the City of Huntington Beach Relating to the Inadequacy of
Public Lands in the Vicinity of Wardlow Elementary School and Lamb Elementary School to
Meet the Existing and Foreseeable Needs of the Community for Playground, Playing Field, and
Other Outdoor Recreational and Open -Space Purposes" which informs the Fountain Valley
School District of the city's intention under the Naylor Act to negotiate in good faith with the
district to acquire all or part of Wardlow School and/or Lamb School for public open -space
purposes. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Resolution Number 2005-36 Approving the Fiscal Year 2005-2006
Refuse Rate Increase and Accepted Additional Downtown Collection Donated by
Rainbow Disposal for July 1 through December 31, 2005 (810.40)
The City Council considered a communication from the Acting Public Works Director
transmitting the following Statement of Issue: 1. The Refuse Collection and Disposal Services
Franchise Agreement with Rainbow Disposal Co., Inc. (Rainbow) requires an annual review of
residential rates. Adjustments to the residential curbside rates are made in accordance with this
review and with an established formula. 2. Rainbow has offered to continue its donation of one
additional collection of trash from the downtown sidewalk containers for the six-month period
from July 1, 2005 through December 31, 2005. Funding Source: A rate increase of $0.53 per
residential unit per month will be implemented and paid to Rainbow. There is no impact to the
Refuse Fund as the full amount of the increase is paid to Rainbow.
Mayor Pro Tern Sulllivan requested that this agenda item be removed from the Consent
Calendar to inform Council of the methods used to calculate refuse collection rates, to
commend Rainbow Disposal for its fairness, and to inquire about the recycling of newspapers.
A motion was made by Sullivan, second Coerper to 1. Adopt Resolution Number 2005-36 — "A
Resolution of the City Council of the City of Huntington Beach Establishing Residential Curbside
Refuse Collection Rates;"and 2. Accept Rainbow's offer to donate one additional trash
collection from the downtown sidewalk containers on each Friday, Saturday, and Sunday as
normally scheduled between July and December of 2005. The motion carried by the following
roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved City Council Position on Legislation Pending Before the Federal,
State, or Regional Governments as Recommended by the City Council Intergovernmental
Relations Committee (IRC) (640.90)
The City Council considered a communication from Mayor Jill Hardy, Chair, Intergovernmental
Relations Committee, on behalf of members, Councilmember Gil Coerper and Councilmember
Keith Bohr transmitting the following Statement of Issue: Approve a City Council position on
legislation pending before the Federal, State or Regional Governments as recommend by the
(11) May 16, 2005 - Council/Agency Minutes - Page 11
City Council Intergovernmental Relations Committee, and authorize the Mayor to communicate
the City of Huntington Beach's position to the elected members of the State or Federal
Legislators, Governmental Task Force, or a regional body or to be put on a ballot for approval
by the voters.
Mayor Hardy announced an update to Senate Bill 926 (Florez), noting that it had been amended
as noted in her Late Communication (announced earlier by the City Clerk) and that the IRC is
recommending Council oppose it.
Mayor Pro Tern Sullivan spoke regarding "safe harbor" language in the Federal Energy Bill,
suggesting Council delay action on this item.
Councilmembers Green and Cook stated their support for the IRC recommendation to oppose
the proposed "safe harbor" language in the Federal Energy Bill.
A motion was made by Cook, second Bohr to:
1. OPPOSE proposed "safe harbor" language in the Federal Energy Bill that would exempt fuel
manufacturers from responsibility and liability for MTBE (methyl tertiary butyl ether) and Ethanol
contamination of groundwater;
and
2. CONTINUE SUPPORT AND SPONSORSHIP — AB14 (Harman) Condo Conversions
as Amended on April 25, 2005;
and
3. OPPOSE — SB 926 (Florez) Sewer Sludge as Amended on 5/9105.
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan (Items 2 and 3), Hardy, Green, Bohr, Cook
NOES: Sullivan (Item 1)
ABSENT: None
(City Council) Adopted Ordinance Number 3712 Amending Huntington Beach Zoning and
Subdivision Ordinance Chapter 241 Relating to Conditional and Temporary Use Permits,
Variances, and Waiver of Development Standards (450.20)
After the Senior Deputy City Clerk read by title, a motion was made by Coerper, second Hansen to
adopt Ordinance Number 3712 —An Ordinance of the City of Huntington Beach Amending
Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Conditional
and Temporary Use Permits, Variances, and Waiver of Development Standards." (Approved for
introduction as amended on May 2, 2005.) The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(12) May 16, 2005 - Council/Agency Minutes - Page 12
(City Council) Approved for Introduction Ordinance Number 3714 Repealing the Local
Gift Ban Ordinance and Alleviating Dual Standards Between the State and City Regarding
the Huntington Beach Municipal Code Chapter 2.05 Relating to Gifts to Public Officials
(120.10)
Mayor Hardy announced that she would be abstaining from this item due to a potential conflict
of interest and then left the room.
After the Senior Deputy City Clerk read by title, a motion was made by Cook, second Bohr to
approve introduction of Ordinance Number 3714 — "An Ordinance of the City of Huntington
Beach Repealing Chapter 2.05 of the Huntington Beach Municipal Code Relating to Gifts to
Public Officials." The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: Hardy
(City Council) Approved for Introduction Ordinance Number 3715 Amending Huntington
Beach Municipal Code Chapter 13.48 Relating to Animals in the Park Pursuant to the
Terms of the Agreement between the City and Southern California Edison (SCE) (500.10)
After the Senior Deputy City Clerk read by title, a motion was made by Coerper, second Cook to
approve introduction of Ordinance Number 3715 — "An Ordinance of the City of Huntington
Beach Amending Chapter 13.48 of the Huntington Beach Municipal Code Relating to Animals in
the Park." The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Cook
NOES: Bohr
ABSENT: None
(City Council) Considered the Annexation of the Unincorporated County Island Known as
Bolsa Chica — Directed Staff to Prepare a Report Regarding Annexation (120.90)
The City Council considered a communication from Councilmember Cathy Green and
Councilmember Keith Bohr transmitting the following Statement of Issue: On April 14, 2005,
the California Coastal Commission determined that a proposal by Hearthside Homes to build
349 homes (Brightwater) in the unincorporated County Island known as Bolsa Chica was
consistent with the Coastal Act. In the previous year, Hearthside Homes received approvals
from the County of Orange for a tentative tract map and site development plan. These
approvals are equivalent to the conditional use permit requirements of the city of Huntington
Beach. Except for revisions, which may be necessary to comply with the Coastal Commission
conditions of approval, Hearthside Homes has approved site plans, floor plans, and elevations
for their project.
Since the Bolsa Chica is within the city's sphere of influence and a project has been approved,
which is consistent with the Coastal Act, the city may wish to consider the pros and cons of
annexing this County Island.
(13) May 16, 2005 - Council/Agency Minutes - Page 13
Councilmember Green reported, stating her reasons for bringing this item forward including the
length of time required to pursue annexation. She clarified that she was interested in a study at this
time.
Councilmember Bohr spoke regarding status changes since the last annexation study was done in
1999.
Discussion ensued amongst Council and staff relative to a funding mechanism and staff
requirements for a study, the final disposition of the Bolsa Chica property, a time line for project
approval, the potential impact on Fire and Police departments, differences between City and
County fire codes, the potential to charge park fees to new property owners, and the interest in
annexation on the part of the current landowner.
City Administrator Penny Culbreth-Graft stated that she would inquire if Hearthside Homes is
interested in annexation.
Councilmember Hansen stated reasons for supporting the recommended action including
preservation of the City's rights.
Mayor Hardy stated reasons for opposing the recommended action including concern for the
method in which this item was added to the agenda. She also stated interest in a Study
Session concerning the Local Agency Formation Commission (LAFCO) process.
Mayor Pro Tern Sullivan stated reasons for supporting the recommended action including his
interest in getting answers to questions that have been raised on this topic.
A motion was made by Bohr, second Green to direct staff to prepare a report that would provide the
following:
Fiscal analysis of annexation that provides the cost/benefit to the city of annexation prior to
development versus annexation after development is complete.
2. An overview of the process and procedures required by the Local Agency Formation
Commission (LAFCO) and the role the city would play in that process.
3. The effect annexation would have on city services and the policies that would guide the
decision making process.
4. A legal analysis of the issues related to the Public Utilities Commission decision to permit
Southern California Water Company to provide water to the Bolsa Chica and its implication
for annexation.
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Green, Bohr
NOES: Hardy, Cook
ABSENT: None
(14) May 16, 2005 - Council/Agency Minutes - Page 14
(City Council) Mayor Hardy Thanked Participants in "Every 15 Minutes" Program (120.85)
Mayor Jill Hardy announced a successful "Every 15 Minutes" program held on May 120, and 13t'
and thanked all of the participants.
Adjournment — City Council/Redevelopment Agency
Mayor Hardy adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach at 8:27 p.m. to Monday, June 6, 2005, at 4:00 p.m., in Room B-8 Civic Center,
2000 Main Street Huntington Beach, California.
City Clerk and ex-officio Mrk of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
-'�A- Va �Nftwowow