HomeMy WebLinkAbout2006-05-15Minutes
Council/RDA Meeting
City Council/Redevelopment Agency
City of Huntington Beach
Monday, May 15, 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 4:03 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 Assistant City Clerk Announced Late Communications Pertaining to the 4:00
P.M. Portion of the Meeting
Pursuant to the Brown (Open Meetings) Act, Assistant City Clerk Robin F. Lugar
announced a Late Communication regarding a Study Session item that had been
received by the Clerk's office following distribution of the agenda packet.
Communication submitted by Joyce Riddell, CCE, President of the Huntington Beach
Chamber of Commerce, dated May 11, 2006 clarifying the Chamber's recommendations
on Affordable Housing.
Public Comments Regarding the 4:00 P.M. Portion of the Meeting
Dick Harlow, Huntington Beach Chamber of Commerce, spoke regarding the
Chamber's recommendations on affordable housing and asked Council to convene a
subcommittee to meet and discuss the issues. He requested the in lieu fee be
established for nine or fewer units based on market rate unit rental amounts and what a
family can afford to pay. He also voiced his opinion on the Affordable Housing
Ordinance pertaining to investment in units, requesting standards be established to
determine what type of unit or fee is acceptable. Mr. Harlow lastly referred to the
Chamber's recommended changes to the General Plan and other zoning codes.
Mayor Pro Tem Coerper asked the speaker about standards for determining Affordable
Housing. Mr. Harlow responded, stating his opinion the fee should be based on the
affordability gap rather than the cost of building a unit.
May 15, 2006 — Council/Agency Minutes — Page 2 of 24
(City Council/Redevelopment Agency) Study Session #1 Held — Presentation
Given by the City's Consultant and City Staff on Affordable Housing (430.10)
City Administrator Penny Culbreth-Graft introduced the topic. Economic Development
Director Stanley Smalewitz described the research done preceding the presentation. He
introduced Kathleen Head, Principal of Keyser Marston Associates and consultant to the
City. Ms. Head gave a PowerPoint report titled Affordable Housing Strategy Study
Session, which was included in the agenda packet. She described replacement housing
and inclusionary housing production requirements, stating the City currently has a
surplus of Agency -developed housing and private/Agency assisted developments.
Councilmember Bohr inquired about the existence of .5 units and Ms. Head explained
they result from two -for -one credits outside the project area. Mayor Sullivan inquired
about merged area requirements and tax increment requirements. Ms. Head described
the different requirements including set -aside and covenant requirements.
Councilmember Bohr asked for further clarification on the sixty -year covenant
requirements. Mayor Sullivan described the history of the sixty -year requirement in the
City.
Ms. Head then enumerated the available funding sources including set -aside, HOME
funds, revolving loan proceeds, CDBG, ADDI, and inclusionary housing in -lieu fees. She
spoke of constraints and opportunities for affordable housing activity. She
recommended the multi -family rehabilitation loan programs be eliminated and advised
creation of one single-family rehabilitation loan program. Councilmember Green
inquired about areas that are exclusively affordable housing. Ms. Head replied,
stating such areas are acceptable provided affordable housing is also available in other
areas of the City. Mayor Sullivan asked for clarification on single-family homes; Ms.
Head explained the government defines single-family as 1-4 units. Councilmembers
asked for clarification on how the loan program is administered. Director Smalewitz
explained applications are submitted and considered by staff. Ms. Head
clarified Council sets the limit for the maximum amount of the loan. Mayor Sullivan
asked the consultant to rate the City of Huntington Beach as compared to other cities in
terms of meeting affordable housing requirements. Ms. Head rated the City in the top
10%, stating all requirements have been met. Councilmember Bohr inquired about SB
1818, pertaining to density bonuses and asked staff for printed information. Director
Smalewitz reported the Economic Development Department recommendations would be
presented to Council at a later date. Councilmember Bohr and Mayor Sullivan voiced
their preference for affordable housing rental units versus ownership units.
(City Council/Redevelopment Agency) Study Session #2 Held — Presentation
Given by the City's Consultant and City Staff of the Affordable Housing In -Lieu
Fee Study (430.10)
City Administrator Penny Culbreth-Graft introduced Planning Director Howard Zelefsky,
who gave an overview of the topic. Principal Planner Mary Beth Broeren described the
recent history of and the impetus for the study. Kathleen Head, Principal, Keyser
Marston Associates gave a PowerPoint report titled Affordable Housing In -Lieu Fee
Study, which was included in the agenda packet. Ms. Head explained the methodology
used in the report, stating the fee is applicable for small, three to nine unit projects. She
suggested larger projects be decided on a case -by -case basis. Councilmember Hansen
asked for clarification on the methods to determine fees based on project size.
May 15, 2006 - Council/Agency Minutes - Page 3 of 24
Ms. Head explained that project profitability is a key component, however methods used
are a policy decision for Council.
Mayor Sullivan inquired about fees imposed in other cities. Ms. Head explained some
fees are related to high land costs, and commented on the percentage of rehabilitation
that determines if a project is subject to fee requirements. Planner Broeren
described public comments made on the topic and future steps in the process. Mayor
Pro Tern Coerper asked about the benefits of thirty and sixty year covenants; Planner
Broeren commented on developers' motivation for the lower number of years and the
City's motivation to impose the higher number.
Councilmember Bohr asked Dick Harlow to comment on the presentation and
recommendations. Mr. Harlow spoke regarding requirements for on -site units and the
costs involved. He voiced concerns with funds being due from a contractor at the time of
a land purchase versus when the requirement is fulfilled. He voiced his preference for
in -lieu fees, and rental units rather than ownership units. Mayor Sullivan suggested a
subcommittee be formed to study the issue, and return to Council with recommendations
as an H-item.
Motion to Recess to Closed Session - Approved
A motion was made by Coerper, second Hardy to recess to Closed Session on the
following items. 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)
(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 City of Huntington Beach v.
POA, USDC Case No. SA01 -1 125JVS; and Scottsdale Insurance Co. v. City of
Huntington Beach, USDC Case No. SA03-1154JVS.. Subject: City of Huntington
Beach v. POA; and Scottsdale Insurance Co. v. City of Huntington Beach (Gun
Range) (120.80)
(City Council) Closed Session - Pursuant to Government Code Section 54957 to
consider personnel matters. Subject: City Administrator's Evaluation (120.80)
(City Council) Closed Session - Pursuant to Government Code Section 54957 to
consider personnel matters. Subject: Discipline/Dismissal/Release (120.80)
Reconvened City Council/Redevelopment Agency Meeting - 6:04 p.m.
Present: Bohr, Green, Coerper, Sullivan, Hansen, Cook, and Hardy.
Absent: None.
May 15, 2006 — Council/Agency Minutes — Page 4 of 24
No Actions Taken in Closed Session Which Require a Reporting Pursuant to
Government Code Section 54957.1(a) (3) (B).
Pledge of Allegiance/Flag Salute - Led by Councilmember Hansen
Invocation - Led by Father Christian Mondor, Saints Simon and Jude
The Assistant City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, Assistant City Clerk Robin F. Lugar
announced Late Communications regarding agenda items that had been received by the
Clerk's office following distribution of the agenda packet:
Communication submitted by Joyce Riddell, CCE, President of the Huntington Beach
Chamber of Commerce, dated May 11, 2006 clarifying the Chamber's recommendations
on Affordable Housing.
Communication submitted by Dan Joyce, Vice President of Rubbersidewalks, Inc. dated
May 15, 2006 and titled Rubbersidewalks for Item C-2a recommending Rubbersidewalks
for the Brush Street project.
Communication submitted by Sherri Dieckman dated May 15, 2006 and titled Trees
requesting removal of the tree on her property located on Brush Drive.
Communication submitted by Robert F. Beardsley, PE, Director of Public Works, dated
May 15, 2006, and titled Late Communication Item E-4, Approve Annual Fair Share
Traffic Impact Fee Program Report for Fiscal Year 200412005 noting a correction to the
Public Works Commission Action.
Communication submitted by Erin Garvey, Executive Director of Californians for
Technology and Video Choice urging Council to support AB 2987. --
Communication submitted by Jean Polkow dated May 11, 2006 and titled Item No. H-4a
on May 15 Agenda requesting no changes be made to the RV parking ordinance
approved for introduction on April 17, 2006.
Communication submitted by Bob Polkow dated May 11, 2006 and titled RV Ordinance
Agenda Item No. H-4a, requesting if further changes are made by Council to the RV
parking ordinance approved for introduction on April 17, 2006, that the changes be to
shorten the permit periods to hours, and not days.
Communication submitted by Jack and Donna Patterson dated May 12, 2006 and titled
RV Parking supporting a change to the RV parking ordinance approved for introduction
on April 17, 2006 that would allow less time for the recreational vehicles to be parked on
the streets.
Communication submitted by Bob Polkow dated May 13, 2006 and titled Item No. H-4a
May 15 Agenda requesting no changes be made to the RV parking ordinance approved
for introduction on April 17, 2006.
May 15, 2006 — Council/Agency Minutes — Page 5 of 24
Communication submitted by William C. Jones dated May 12, 2006 and titled RV
Ordinance stating his opposition to any changes to the RV parking ordinance approved
for introduction on April 17, 2006.
Communication submitted by Norm Westwell dated May 15, 2006 and titled Late
Communication Opposing H-4a stating his opposition to the reconsideration of
Ordinance No. 3735.
Communication submitted by Peter Petrelis dated May 15, 2006 and titled Rehash of RV
Ordinance opposing reconsideration of the RV parking ordinance approved for
introduction on April 17, 2006.
Communication submitted by Andy Weiss dated May 11, 2006 and titled RV Parking
Ordinance opposing the reconsideration of the RV parking ordinance approved for
introduction on April 17, 2006.
Communication submitted by Jill Hardy, Chair, on behalf of Mayor Pro Tern Coerper and
Councilman Hansen dated May 15, 2006 and titled Item F-1 Intergovernmental Relations
Committee Recommendations amending four of the bills but leaving the Recommended
Action unchanged.
The Following Communications Were Submitted During the Meeting:
Copies of photos of curb and gutter repairs submitted by Shelley Herrema, undated and
untitled.
Communication submitted by Bob Valeski dated May 4, 2006 and titled Brush Drive
Street Improvement Petition.
Communications submitted by Theresa Chaque titled Brush Drive Petition Name
Removal, U.S. Environmental Protection Agency - Global Warming, and June 2005 Real
Estate Update - Think Green: Trees a Big Plus for Your Home.
Communication submitted by Cong Troung, undated, requesting Council repair Brush
Drive in its entirety.
Communication submitted by John Tepel dated May 13, 2006 titled Brush Drive Petition
Name Removal.
Presentation - Mayor Sullivan recognized Sandra Davis from Applied Computer
Solutions. Ms. Davis was named Enterprising Woman of the Year by the National
Association of Women Business Owners for her successful IT Solutions Provider
business located in Huntington Beach. (160.40)
Presentation - Mayor Sullivan recognized Huntington Beach resident Andrea Preuss
who was named Mrs. America for the year 2006. (160.40)
Presentation - Mayor Sullivan called on Marine Safety Chief Kyle Lindo and presented
him a proclamation for National Beach Safety Week, May 22 through May 29. The
National Beach Safety Week is proclaimed through the efforts of the United States Life
Saving Association. Chief Lindo emphasized the importance of beach safety. (160.40)
May 15, 2006 — Council/Agency Minutes — Page 6 of 24
Presentation - Mayor Sullivan called on Huntington Beach Human Relations Task Force
Chair Alan Chancellor and presented a proclamation naming May as Older Americans
Month. Chair Chancellor recognized Bob Detloff and the Executive Board Members for
their efforts. (160.40)
Presentation - Mayor Sullivan called on Nouha Hreish and other members of
the Huntington Beach Kiwanis Club who presented a check for $3,000 to Recreation
Supervisor Dottie Hughes from the Community Services Department. The donation is to
support programs for children with disabilities including the Annual Fishing Derby and
the Friday Night Funtime Dances. Don Mac Allister gave an update on the Duck-a-
Thon. (160.40)
Mayor's Award - Mayor Sullivan was joined by Building and Safety Director Ross
Cranmer to present the Mayor's Award to Plan Check Engineer Eric Haghani.
Director Cranmer described Eric's involvement in helping to secure a FEMA grant for the
City Hall retrofit and described the exceptional customer service he provides. (160.40)
Public Comments
(The numbers following speakers' comments reflect the approximate point of time in the
archived video available at http://www.surfcity-hb.org/Government/Agendas/ )
Doug Turner read from an article he said he found on the internet that stated the
contractor for Pacific City had set aside room for a new Golden Bear. He asked that the
Mayor form a committee consisting of a Councilperson, a staff person from the
Economic Development Department, the Editor from the Huntington Beach Independent,
Dean Torrance, Robert Gabones, and himself. He announced a phone number, 714-
374-9671, for questions about the Golden Bear. He requested that the City fund the
committee $25,000 and allow 3 years to develop the project. (27:12)
Tam Dinh, owner of a vacant lot on 5th Street, voiced concerns about her ability to
develop her property due to parking requirements in the City. She asked Council to
update the Downtown Specific Plan and to support the relevant agenda item placed on
the agenda by Councilmember Bohr. (30:36)
Karen Riggs spoke regarding privacy rights, stating that some phone companies are
providing telephone records to the NSA. She stated companies that did not cooperate
with the NSA werethreatened with retaliation. Ms. Riggs voiced concerns with the
protection of civil liberties. (32:50)
Mike Adams, planning consultant, spoke regarding the agenda item pertaining to
amending the Downtown Specific Plan and the Downtown Parking Master Plan. He
asked Council to review the current documents prior to making changes, and to support
the Recommended Action. (35:17)
Dick Harlow voiced his support for the agenda item pertaining to amending the
Downtown Specific Plan and the Downtown Parking Master Plan. He asked that 3rd
Street also be considered for parking exemptions. (37:30)
Doug Traub, President of the Huntington Beach Conference and Visitors Bureau
(HBCVB), announced approval of the SurfCity USA trademark for the City_ He
May 15, 2006 — Council/Agency Minutes — Page 7 of 24
highlighted other successes of the Bureau, asking Council to support the agenda item
pertaining to the contract with the HBCVB. Mr. Traub asked members of the audience
who also support the agenda item to stand. (38:51)
Shirley Dettloff, representing the Board of Directors of the HBCVB, asked Council to
support the agenda item pertaining to the contract with the HBCVB. She described how
tourist dollars affect the residents of the City and gave reasons to support the Bureau
with consistent funding. (41:41)
Cormac O'Modhrain, Chairman of HBCVB, stated his support for comments made by
prior speakers who spoke in favor of increasing funding for the HBCVB. He stated
increased Transit Occupancy Tax (TOT) would benefit the City by a factor of nine. (44:46)
Steve Ray, speaking on behalf of the Planning Commission, asked Council to endorse
the Consent Calendar item pertaining to an amendment to the Planning Commission
Bylaws. (46:05)
Mayor Sullivan asked about the Planning Commission's vote tally. Mr. Ray announced
that the vote was unanimous for approval.
Natalie Kotsch, founder of the Huntington Beach Surfing Museum, spoke in support of
the agenda items pertaining to the contract with the HBCVB and the official car of
Huntington Beach. (46:48)
Phil Wilder, 43-year resident, voiced his support for designating the Woodie as the
official car of Huntington Beach. (48:39)
Guy Adams stated he supports the agenda item pertaining to designating the Woodie
as the City's official car. (49:13)
Mike Ester stated he has surfed at the Pier for last fifty years and asked Council
to support designating the Woodie as the official City car. (49:47)
Gary Wagner, resident since 1973, stated his support for the agenda item pertaining to
designating the Woodie as the official car of the City. (51:25)
Dan Simmons, 30-year resident, voiced his support for designating the Woodie as the
official car of the City of Huntington Beach. (52:13)
Don Chase, affiliated with the "Join us to Save our Neighborhood" group and resident of
the Seahaven Tract (Nautilus Drive), spoke regarding an elderly care facility on his street,
and its negative impact on the neighborhood. He voiced concerns with property values, use
of City services, and appropriateness of locating businesses in a residential neighborhood.
Mr. Chase asked Council for their assistance in addressing the issue. (52:57)
Gretchen Carlson, lifelong Nautilus Drive resident, voiced concerns with elder care
facilities locating on her residential street. She stated safety concerns for children, and
asked Council to increase the restrictions on these types of facilities. (56:04)
Jennifer Wiles, Nautilus Drive resident, voiced her concerns with elder care facilities on
her street. She asked for further information pertaining to permitting and needs
assessment for these types of facilities and stated concerns with facility uses. (58:55)
May 15, 2006 — Council/Agency Minutes — Page 8 of 24
Lilli Babcock, Nautilus Drive resident, stated concerns with numerous elder care
facilities now located on her street including traffic, usage of City services, and the effect
on local schools. She asked Council to work with other cities to encourage the State to
amend relevant regulations. (1:00:43)
Michael Wiles, Nautilus Drive resident, voiced concerns with the precedence set by
allowing elder care businesses in residential areas and asked Council to consider the
long-term repercussions. (1:03:07)
Mayor Pro Tern Coerper asked for clarification on State law and City ordinances
pertaining to elder care facilities. City Attorney McGrath described regulations based on
size of facility, parking, and housing usage. (1:05:11)
Councilmember Cook commented on limiting language and asked the City
Attorney to report back to Council with specifics. (1:07:14)
Bob Polkow voiced his support for designating the Woodie as the City's official car. He
spoke regarding the proposed revision to the RV parking ordinance and suggested the
permits be issued by the hour rather than by the day. (1:08:12)
Jean Polkow voiced her concerns pertaining to RV parking permits being issued by the
day. She suggested the permits be issued by the hour and asked Council to leave the
ordinance unchanged. (1:11:23)
Gerald Jones stated concerns with proposed amendments to the RV parking ordinance
and suggested Council not make any further changes at this time. (1:13:59)
Dick Lenell, forty -year resident, voiced his opposition to amendments to the RV parking
ordinance. He responded to concerns pertaining to aesthetic and safety issues and
asked Council to take no action on the amended ordinance. (1:15:24)
Jason Miller, seven-year resident and property owner on 5th Street, spoke regarding
the agenda item pertaining to the Downtown Specific and Downtown Parking Master
Plans. He voiced interest in beautifying the area and referred to perceived roadblocks
pertaining to planning and zoning. (1:18:13)
Will Roadhouse, President of Compass Properties, spoke in support of the agenda item
pertaining to the Downtown Specific and Downtown Parking Master Plans. He voiced
concerns about his ability to make improvements to property he purchased on 5th Street
and asked Council to support mixed -use projects in that area. (1:20:04)
Councilmember Bohr asked the previous speaker for the address of his property.
Mr. Roadhouse replied, stating 321 Fifth Street. (1:21:42)
Harry Monk spoke in support of the agenda item pertaining to the Downtown Specific
and Downtown Parking Master Plans, stating that parking requirements are a problem
for people who want to develop the property. (1:22:06)
Wally Rose, Brush Drive resident, voiced his support for the removal of the trees on
Brush Drive for reasons including the debris problems caused by the seed pods.
(1:23:00)
May 15, 2006 — Council/Agency Minutes — Page 9 of 24
Michael Cohen stated he has no objections to the proposed amendments to the RV
parking permits, but that he prefers the ordinance is not changed. (1:24:17)
Shelley Herrema spoke in support of completing the Brush Drive project in its entirety.
She distributed photos to Council and described visits to other residents on Brush Drive,
stating forty out of fifty homeowners also support the repairs. (1:25:21)
Mayor Sullivan asked the previous speaker to clarify updates to a petition. Ms. Herrema
stated that the most updated version would be submitted by Mr. Valeski. (1:28:03)
Loc Troung asked Council to support the repairing of Brush Drive in its entirety. She
stated the tree in front of her house is causing sewer problems and fence damage.
(1:28:58)
John Fallan, Brush Drive resident, spoke in favor of repairing the street in its entirety.
(1:30:16)
Dolores M. Winder voiced her support for repairing Brush Drive in its entirety, stating
she has experienced drainage problems near her residence. (1:30:43)
Ronald Adamowecz stated he supports repairs be made to Brush Drive in its entirety
for reasons including damage caused by the trees to fences and sidewalks. (1:31:03)
Bob Valeski, Brush Drive resident, submitted a petition which he stated shows 80% of
current residents are in favor of repairing the entire street. He also submitted a letter
from a resident that could not attend. Mr. Valeski refuted claims he said were made by
Ms. Chaque with regards to the original petition and asked Council to repair the street as
originally planned. (1:32:12)
Councilmember Cook asked about the addresses on the petition of residences on
streets other than Brush Drive. Ms. Herrema explained those residences are located on
cul-de-sacs that are adjacent to Brush Drive. (1:35:05)
Chris Varga, Brush Drive resident, spoke regarding City policy and the original petition.
He voiced concerns about dividing the neighborhood and the current direction to staff.
Mr. Varga asked Council to send certified mail ballots to residents to determine their
preference. (1:36:36) .
John Tepel, thirteen -year resident of property adjacent to Brush Drive, stated his
opinion that spot repairs are needed, but the current level of damage does not require
extensive repairs. (1:39:18)
Theresa Chaque refuted signatures submitted on a tree removal petition submitted by
Mr. Valeski. She asked Council to send certified letters to residents of Brush Drive
and stated reasons why, in her opinion, the project should be cancelled. (1:40:22)
Lori Whalen, Ranger at Central Park, voiced her opposition to removing the trees from
Brush Drive. She described benefits received by mature trees, including cleaner air.
(1:43:31)
May 15, 2006 — Council/Agency Minutes — Page 10 of 24
Andrew Chaque played an audio message from one of his neighbors that stated her
opposition to removing the tree in front of her house on Brush Drive. He alleged some
petitions were signed by renters rather than owners and that Council now has an
obligation to verify respondents as homeowners. (1:46:18)
(City Council) Reconsidered Options for the Street Reconstruction Project
Awarded on February 6, 2006 for Brush Drive Between Waite Lane and Newland
Street — Directed Staff to Verify Signatures on Petition and Proceed Based on
Results (800.20)
A motion was made by Hansen, seconded by Coerper to proceed with the contract
awarded by Council on February 6, 2006, to Nobest, Inc., to construct infrastructure
repairs on Brush Drive (Public Works Project MSC-430), specifically redirecting,
pursuant to the Council action of April 17, 2006, that the entire street's curbs and gutters
shall be subject to replacement and residents will be allowed to give input on selection of
trees (not shrubs) to be planted as replacements for trees removed. (Subsequently
replaced by a Substitute Motion)
City Administrator Penny Culbreth-Graft gave an oral report and stated the Public Works
Director was available to answer any questions. Mayor Pro Tern Coerper inquired about
the cost for certified balloting of residents. Public Works Director Beardsley responded,
stating cost is nominal but the time frame may be a concern. Councilmember Hansen
voiced his preference that Council take action on the item without further delay.
Councilmember Cook stated reasons for sending a certified letter to residents, to be
returned by a certain date, to ensure fairness to all affected residents. Mayor Pro
Tern Coerper asked the Maker of the motion for an amendment to include the certified
letter process. The Maker of the motion declined the suggested amendment.
A motion was made by Sullivan, second Cook to (Substitute motion), direct staff to verify that
the signatures listed on the petition presented at this meeting by Bob Valeski are those of
homeowners and proceed with repairs to the entire street if the percentage of homeowners is
75% or greater. In the event the percentage is less than 75%, direct staff to poll homeowners
via certified mail and report back to Council in thirty to forty-five days. (Vote to follow)
Mayor Pro Tern Coerper asked for clarification on time requirements. Director
Beardsley explained staff would require thirty days to verify the signatures.
Councilmember Hansen inquired about the records to be used for verification, and
Director Beardsley stated the County Assessor records would be used.
Councilmember Hardy voiced her opposition to the Substitute Motion for reasons
including the City's responsibility to reduce liability.
Councilmember Green stated she would also oppose the Substitute Motion due
to legal concerns.
Councilmember Bohr voiced his support for the Substitute Motion and asked the City
Attorney about adoption of new process. Attorney McGrath explained that adoption of a
new policy is at Council's discretion.
Mayor Sullivan commented on the fairness of the current policy and stated concerns for
those residents who have followed the process for many years.
May 15, 2006 — Council/Agency Minutes — Page 11 of 24
Councilmember Green asked for clarification on the time required to complete the entire
verification and balloting process. Director Beardsley estimated approximately six
weeks to complete the process and stated delays for the contractor could result in extra
mobilization charges.
Councilmember Hansen stated concerns pertaining to precedence set by changing the
current procedure and stated his opposition to the Substitute Motion.
Council then voted on the Substitute Motion. The motion carried by the following roll call vote:
AYES: Bohr, Coerper, Sullivan, and Cook
NOES: Green, Hardy, and Hansen
(City Council) Public Hearing Held — Approved Request by Mansion Properties,
Inc. (MPI) to Extend the Holly-Seacliff Development Agreement (DA) for an
Additional Six Month Interim Period Ending December 5, 2006 for Property
Located at the Northeast Corner of Garfield Avenue and Gothard Street and
Approve for Introduction Ordinance No. 3736 Adopting a First Amendment to the
Development Agreement Between the City of Huntington Beach and Pacific Coast
Homes and Garfield Partners (600.10)
Mayor Sullivan announced that this was the time noticed for a public hearing to consider
the following:
HOLLY SEACLIFF DEVELOPMENT AGREEMENT INTERIM EXTENSION
Applicant: Mansion Properties, Inc., 145 S. State College Blvd., 4th flr., Brea, CA 92821
Request: Extend the Holly Seacliff Development agreement for an interim period ending
December 5, 2006, for the subject property.
Location: Approximately 11.8 acres located at the northeast corner of Garfield Avenue
and Gothard Street.
Project Planner: Mary Beth Broeren
Legal notice as provided to the City Clerk's Office by staff had been mailed, published
and posted.
Planning Director Howard Zelefsky gave an oral report.
Mayor Sullivan declared the public hearing open. The Assistant City Clerk announced
no Late Communications pertaining 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.
Councilmember Bohr asked for clarification on reasons for the extension and concerns
of the Applicant. Jim Gleese, representing Mansion Properties, stated the concern is
with the loss of certain rights provided for in the development agreement. He stated that
the issues should be resolved within the six-month extension period.
May 15, 2006 — Council/Agency Minutes — Page 12 of 24
A motion was made by Coerper, second Bohr to 1. Approve the "First Amendment to
Development Agreement By and Between the City of Huntington Beach and Pacific
Coast Homes and Garfield Partners" by adopting Ordinance No. 3736, "An Ordinance of
the City Council of the City of Huntington Beach Adopting A First Amendment to the
Development Agreement Between the City of Huntington Beach and Pacific Coast
Homes and Garfield Partners" with "Findings for Approval - First Amendment To
Development Agreement No. 90-1." and
2. Approve and authorize the Mayor and City Clerk to execute the "First Amendment to
Development Agreement By and Between the City of Huntington Beach and Pacific
Coast Homes and Garfield Partners." The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
FINDINGS FOR APPROVAL — FIRST AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 90-1:
1. The amendment to the development agreement is consistent with the General Plan
and with any Specific Plan. The extension of the development agreement for an
interim period does not modify any general plan policies or Specific Plan standards.
2. The amendment to the development agreement is consistent with all provisions of
this ordinance, the Municipal Code, and the State Subdivision Map Act.
3. The amendment to the development agreement will not be detrimental to the health,
safety and general welfare; and will not adversely affect the orderly development of
property. The amendment does not negate any existing rules, regulations or
development standards currently in affect with respect to the property.
4. There is no fiscal effect of the amendment of the development agreement for an
interim period on the City in that no development agreement terms, other than time
period, have been modified.
Consent Calendar — Items Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(City Council/Redevelopment Agency) The Amendment to Planning Commission
Bylaws, and Approve; Newly Established Rules, and Continued Use of the Allocation of
Speakers Time.
Consent Calendar — Items Approved
A motion was made by Green, second Hardy 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
May 15, 2006 - Council/Agency Minutes - Page 13 of 24
(City Council/Redevelopment Agency) Approved the In -Lieu Parking Fee
Agreement for the Ocean View Promenade Project and Appropriate $171,196.30
From the Unappropriated Redevelopment Agency Capital Projects Fund for
Payment to the City's In -Lieu Parking Fund (600.30) 1) Appropriated $171,196.30
from the Unappropriated Redevelopment Agency Capital Projects fund balance to
business unit 30580101; and 2) Approved the In -Lieu Parking Fee Agreement in the
amount of $171,196.30, authorized the Chairman and Agency Clerk to execute the
agreement, and approved the expenditure of $171,196.30 to the In -Lieu Parking Fund.
Submitted by the Redevelopment Agency Executive Director. Funding Source:
Unappropriated Redevelopment Agency Capital Projects fund balance.
(City Council) Approved the Annual Fair Share Traffic Impact Fee Program Report
for Fiscal Year 2004/2005 (340.20) - Approved the 2004/2005 Traffic Impact Fee
Annual Report. Submitted by the Public Works Director. Funding Source: No funding is
required for this action.
(City Council) Approved Agreement Between the City of Huntington Beach and
Wittman Enterprises, LLC in the Amount of $275,000 for Billing of Fees for
Emergency Paramedic and Ambulance Services Through May 31, 2009 (600.10) -
Approved and authorized the Mayor and City Clerk to execute the attached Professional
Services Contract Between The City of Huntington Beach and Wittman Enterprises,
LLC. For Billing for Emergency Paramedic and Ambulance Services. Submitted by the
Fire Chief and Finance Director. Funding Source: Funding is included in the Fiscal Year
2005/2006 budget in the FireMed Administration business unit "Other Contractual
Services" account (50265401.69505) in the amount of $275,000.
(City Council) Approved Professional Services Agreement Between the City of
Huntington Beach and Harris and Associates, Inc. for As -Needed Civil
Engineering Services (Design) Supporting Staff for Capital Projects and Rescind
Their Current Contract for Civil Engineering Services (Non -Design) (600.10) -
Approved and authorized the Mayor and City Clerk to execute a design Professional
Services Contract Between The City of Huntington Beach and Harris and Associates,
Inc. for As -Needed Civil Engineering Services, and to rescind their current non -design
professional services contract. Submitted by the Public Works Director. Funding
Source: Funds are available within budgeted capital improvement projects. Additional
Council authorization will be requested for unbudgeted projects, if necessary.
(City Council) Approved Amendment No. 1 to Professional Services Contract
Between the City of Huntington Beach and DeC Consultants, Inc. for As -Needed
Corrosion Engineering and Maintenance Services Not to Exceed $250,000 and
Amendment No. 1 to Professional Services Contract Between the City of
Huntington Beach and M. J. Schiff and Associates, Inc. for As -Needed Corrosion
Engineering and Maintenance Services Not to Exceed $250,000, Supporting Staff
for Design and Construction of Capital Projects (600.10) - 1) Approved and
authorized the Mayor and City Clerk to execute Amendment No. 1 to Maintenance and
Professional Services Contract Between the City of Huntington Beach and DeC
Consultants, Inc. for As -Needed Corrosion Engineering and Maintenance Services. 2)
Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to
Maintenance and Professional Service Contract Between the City of Huntington Beach
and M. J. Schiff and Associates, Inc. for As -Needed Corrosion Engineering and
Maintenance Services. Submitted by the Public Works Director. Funding Source:
May 15, 2006 — Council/Agency Minutes — Page 14 of 24
Funds are available within budgeted water capital improvement projects. Additional City
Council authorization will be requested for unbudgeted projects, if necessary.
(Redevelopment Agency) Received and Filed the 2004-2005 State Controller's
Report Comprised of Information Regarding the Agency's Financial Transactions,
Blight Progress as well as Loan, Property and Housing Activities for Fiscal Year
2004-2005 (400.20) Received and filed the 2004-2005 State Controller's Report.
Submitted by the Assistant Executive Director. Funding Source: Not Applicable.
(Redevelopment Agency) Adopted Resolution No. 359 and Approved An Owner
Participation Agreement (OPA) Between the Redevelopment Agency of
Huntington Beach and Collette's Children's Home Providing a Loan in the Amount
of $545,000 for an Affordable Housing Project Located at 7881 Glencoe Avenue
(600.30 ) - 1) Adopted Resolution No. 359 "A Resolution of the Redevelopment Agency
of the City of Huntington Beach Approving An Owner Participation Agreement By and
Between the Redevelopment Agency of the City of Huntington Beach and Colette's
Children's Home, A California Nonprofit Corporation" for $545,000 using Housing Set
Aside funds for the acquisition and long-term affordability of 7881 Glencoe Avenue; and
2) Authorized execution and recordation of the OPA, all attachments, and other
necessary related documents by the Agency Chairman, Executive Director, and Clerk
when advised by the Agency General Counsel; and 3) Appropriated and authorized the
wire transfer of Housing Set Aside funds in the amount of $545,000. Submitted by the
Executive Director. Funding Source: Funds are budgeted in FY 2005/2006
Redevelopment Low -Income Housing Set -Aside Fund 30680301.81000.
(City Council) Appropriated and Authorized Expenditure of $120,000 of Funds
Received from Signal Landmark/Hearthside Homes for Professional Services
Related to Processing of Entitlements for Annexation of the Brightwater Project
(320.10) - 1) Authorized the Director of Finance to appropriate funds in the amount of
one hundred twenty thousand dollars ($120,000) to account 10060201.69365 for
Professional Services related to the annexation of the Brightwater Project; and 2)
Authorized the Director of Planning to expend an amount not to exceed $120,000 for
Professional Services related to the annexation of the Brightwater Project. Submitted by
the Planning Director. Funding Source: As part of the pre -annexation agreement,
Signal Landmark has paid the City of Huntington Beach $120,000 for processing the
aforementioned entitlements. The money for this item has been received and deposited
into the City's General Fund. Therefore, there will be no fiscal impact to the City.
(City Council) Adopted Resolution No. 2006-21 Designating the Deputy City
Administrator as Plan Administrator for the Employees' Deferred Compensation
Plan (700.55) - Adopted Resolution No. 2006-21 "A Resolution of the City Council of the
City of Huntington Beach Amending City Council Resolution No. 2001-59 and
Designating the Deputy City Administrator as Plan Administrator for the Employees'
Deferred Compensation Plan and Directing the City Treasurer to Approve the
Investment of Funds." Submitted by the Deputy City Administrator. Funding Source:
Not Applicable.
May 15, 2006 — Council/Agency Minutes — Page 15 of 24
(City Council) Received and Filed Page 29 of the Memorandum of Understanding
(MOU) Between the City of Huntington Beach and the Huntington Beach Police
Officers' Association (HBPOA) Covering the Period of April 1, 2006 Through
March 31, 2010, Ratified by the Huntington Beach.City Council on May 1, 2006
(720.20) - Received and filed page 29 as part of the Memorandum of Understanding
between the City of Huntington Beach and the Huntington Beach Police Officers'
Association for the term April 1, 2006 through March 31, 2010 adopted May 1, 2006.
Submitted by the Deputy City Administrator. Funding Source: Not Applicable.
(City Council) Approved the Design and Installation of Approximately 233
Pennants and Hardware by City Staff Along Key Commercial Streets and
Authorized Execution of Any Correspondence or Applications Necessary to
Support the Huntington Beach Chamber of Commerce, Conference and Visitors
Bureau, and Auto Dealers Association's Expanded Pennant Program (460.10) - 1)
Approved the design for the pennants; and 2) Approved the installation at City expense
by City staff of approximately 233 pennants and any required hardware, including
approximately 17 pennants being designed by Golden West College, subsequent to their
approval by the Economic Development Committee and Design Review Board; and 3)
Authorized staff to sign correspondence or applications as may be required to complete
this project, subsequent to approval as to form by the City Attorney, including but not
limited to applications to both Southern California Edison and Caltrans. Submitted by
the Economic Development Director and the Public Works Director. Funding Source:
Sufficient funds exist in the Department of Public Works budget, Signal and Lighting
Maintenance, Salaries, 10085304.51000, to hang the pennants. The estimated cost is
$7,700.
(City Council) Approved Three Professional Service Contracts for Temporary
Technical Personnel and Consulting Services Between the City of Huntington
Beach and Atrilogy Solutions Group, Inc., Not to Exceed $100,000, The Comdyn
Group, Not to Exceed $100,000 and Plan Net Consulting, LLC, Not to Exceed
$100,000, Each Contract Having a Three Year Termination Period (600.10) - 1)
Approved and authorized the Mayor and City Clerk to execute an agreement with
Atrilogy Solutions Group, Inc., for Temporary Technical Personnel and Consulting
Services; and 2) Approved and authorized the Mayor and City Clerk to execute an
agreement with The Comdyn Group for Temporary Technical Personnel and Consulting
Services; and 3) Approved and authorized the Mayor and City Clerk to execute an
agreement with PlanNet Consulting LLC for Temporary Technical Personnel and
Consulting Services. Submitted by the Information Services Director. Funding Source:
Funds for these agreements will be from approved budgets on an as -needed basis.
(City Council/Redevelopment Agency) Approved the Amendment to Planning
Commission Bylaws, and Approved Newly Established Rules, and Continued Use
of the Allocation of Speakers Time and Requested Planning Commission Study
Planning Commission Member Speaking Time Limits (440.90)
The City Council considered a communication from the Planning Director transmitting
the following Statement of Issue: Transmitted for your consideration are proposed
amendments to the Planning Commission Bylaws, newly established Planning
Commission Rules, and the continued use of the allocation of speaker's time. The
Planning Commission approved the amendments to their bylaws, the newly established
rules, and the continued use of the allocation of speaker's time and is recommending
approval. Funding Source: Not Applicable.
May 15, 2006 —Council/Agency Minutes — Page 16 of 24
Councilmember Bohr requested this agenda item be removed from the Consent
Calendar to suggest a time limit of twelve minutes be placed on Planning Commissioner
speaking time. Discussion ensued amongst Councilmembers pertaining to length of
Planning Commission meetings, speaking time limits, and whether time limits should
be imposed at the. Council or at the Commission level.
Councilmember Cook asked the City Attorney to comment on limiting of speaking time
for Commissioners. Attorney McGrath explained the time limitations discussed are
acceptable provided they are not specific to content or subject matter.
A motion was made by Bohr, second Coerper to 1) Approve the Planning Commission
Bylaws as amended by the Planning Commission; and 2) Approve the newly
established Planning Commission Rules; and 3) Approve the continued use of the
allocation of speaker's time and as amended 4) to request the Planning Commission
study Planning Commission member speaking time limits. The motion carried by the
following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: 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), Amended to OPPOSE SB 928
(640.90)
The City Council considered a communication from Councilmember Jill Hardy, Chair,
Intergovernmental Relations Committee, on behalf of members, Mayor Pro Tem, Gil
Coerper and Councilmember Don Hansen transmitting the following Statement of
Issue: Approve a City Council position as recommended by the City Council
Intergovernmental Relations Committee (IRC) on legislation pending before a federal,
state, or regional government, and authorize the Mayor to communicate the City's
position to the elected members of the federal or state legislature, or regional body.
Funding Source: Not Applicable
Councilmember Hardy gave an oral report and described amendments to the bills
as listed in her Late Communication. She stated the recommendations of the IRC
remain the same. Councilmember Hansen asked that AB 2987 be discussed
separately. Councilmember Green asked that SB 928 be discussed separately.
A motion was made by Hansen, second Coerper to:
1. SUPPORT California Initiative SA2005RF0092 - Sex Offenders, Sexually Violent
Predators, Punishment, Residence Restrictions and Monitoring. Initiative Statute -
Jessica's Law
2. SUPPORT AB 1940 (Koretz) - Environment: Marine Debris as amended on 3/20/06
3. OPPOSE AB 1209 (Yee) -Workers' Compensation as amended on 2/6/06
4. OPPOSE AB 2922 (Jones) - Increase in Housing Set Aside as introduced
5. WATCH SB 1206 (Kehoe) - Redevelopment - Blight
6. WATCH SB 1210 (Torlakson) - Eminent Domain
7. WATCH SCA 20 (McClintock) - Eminent Domain
8. SUPPORT HR 3498 (Turner) - Expansion of tax refund reduction provision to include
certain local tax debt
May 15, 2006 — Council/Agency Minutes — Page 17 of 24
The motion carried by the following roll call vote:
AYES: Bohr'(°No" on item 7, SCA 20), Green, Coerper, Sullivan, Hardy (" No"
on item 1, California Initiative SA2005RF0092), Hansen, and Cook
("No" on item 1, California Initiative SA2005RF0092)
NOES: None
Councilmember Hansen suggested Council approve a "WATCH" position on AB 2987
(Nunez). Mayor Sullivan asked for clarification on Page F1.2/.3 of the agenda packet.
Councilmember Hardy clarified the recommendation listed is a typographical error.
Councilmember Cook commented on services provided to the City and to other cities per
agreements made with Verizon. She stated her reasons for opposing the bill. Mayor
Pro Tern Coerper stated his support for a "WATCH" position on the bill.
Councilmembers Bohr, Hansen and Hardy stated they support an "OPPOSE" position
on AB 2987 (Nunez). Councilmember Green voiced concern with a large number of
complaints received from her neighbors regarding Verizon.
A motion was made by Hansen, second Coerper to (as amended) WATCH AB 2987
(Nunez) - Cable - Video Service. The motion failed by the following roll call vote:
AYES: Coerper, and Hansen
NOES: Bohr, Green, Sullivan, Hardy, and Cook
A motion was made by Hardy, second Cook to OPPOSE AB 2987 (Nunez) - Cable -
Video Service as amended on 4/6/06. The motion carried by the following roll call vote:
AYES: Bohr, Green, Sullivan, Hardy, and Cook
NOES: Coerper, and Hansen
Councilmember Green commented on SB 928, stating her concern about the safety
of the bill and the City's ability to adhere to its requirements. She suggested IRC watch
the bill carefully or oppose it since the specific requirements are unknown.
A motion was made by Hardy, second Green to (as amended) OPPOSE SB 928
(Lowenthal) - Solid Waste until a specific percentage that is acceptable to the City is
specified. The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Approved as Amended Film Production Agreement Between the
City of Huntington Beach and Irwin Entertainment, Inc. for a Television Series on
Marine Safety Operation (600,10)
The City Council considered a communication from the Director of Community Services
transmitting the following Statement of Issue: A Film Production Agreement is being
proposed to protect the interests of the City of Huntington Beach to allow Irwin
Entertainment, Inc. to produce a pilot and subsequent episodes of a television series for
the A&E Network based upon the lifeguards of the City of Huntington Beach Marine
Safety Operation. Funding Source: Not Applicable.
May 15, 2006 — Council/Agency Minutes — Page 18 of 24
A motion was made by Coerper, second Bohr to approve the Agreement between the
City of Huntington Beach and Irwin Entertainment, Inc. to allow the filming and
production of a proposed pilot and television series based upon the Huntington Beach
Marine Safety Operation, and direct the Mayor and City Clerk to execute the
Agreement. (The motion was subsequently amended - vote to follow)
Mayor Sullivan inquired about the second paragraph on page F2.7 of the agenda packet
pertaining to the "rough cut." Community Services Director Engle explained the City has
the last opportunity to edit the footage before it is received by A&E Networks.
Councilmember Hansen asked staff to comment on the project. Director Engle stated
that controls exist in the Agreement to ensure the project would result in a positive
display of the City and staff. Marine Safety Chief Lindo added that staff is eager to
participate in the project. Mayor Sullivan voiced his concerns. pertaining to the
Agreement and with reality shows in general. He opined that the protections offered to
the City are insufficient. He suggested the "rough cut" be submitted to the Director of
Community Services rather than the Marine Safety Chief, who will appear.in the show.
Mayor Pro Tem Coerper stated his support for the project and asked for further
information pertaining to the review of the "rough cut." City Administrator Culbreth-Graft
stated she would not be reviewing the draft. Director Engle stated the current
Agreement designates Chief Lindo for final review, and that the contract
verbiage offers added protections. Mayor Pro Tem Coerper requested damages be
increased to $100,000, and asked for more details on the Agreement and the vendor
involved. Director Engle requested the Agreement date be changed to March 1, 2007.
Mr. Irwin, Irwin Entertainment, Inc., commented on liquidated damages and stated that
$25,000 is substantial for his corporation. He also commented on the producers'
motivation to maintain a good relationship with the City and described previous
successful projects. Mr. Irwin estimated the corporation would employ up to 45
individuals during production on -site near the Pier, Tower 1, and the Sugar Shack,
stating the individuals would be unobtrusive. Councilmember Bohr voiced his support
for the project, stating it is a good opportunity for the City.
Responding to concerns articulated by the Mayor, City Attorney McGrath referred
Council to paragraph 10 on page F-2.8, specifically relating to portrayal of the City or
employees in a negative manner. Director Engle referred Council to page F-2.10,
Section 3, which allows the City to terminate the Agreement. Councilmember Cook
asked if the Junior Guard Program would appear in the program. Mr. Irwin responded,
describing peripheral coverage.
Councilmember Bohr requested the motion be amended to reflect a contract date of
March 1, 2007 and to name the Director of Community Services as the
individual responsible for reviewing the "rough cut." The Maker of the motion accepted
the amendment.
Mayor Sullivan inquired about extension to the Agreement, and the City Attorney
confirmed that, as currently written, the City Council is not involved in the decision to
extend the contract. Mayor Sullivan asked for an amendment to the motion: to strike the
last sentence of paragraph 1 on page F-2.11 of the agenda packet which states "This
Agreement may be extended upon a written agreement executed by the Community
May 15, 2006 — Council/Agency Minutes — Page 19 of 24
Council voted on the motion to approve Agreement between the City of Huntington
Beach and Irwin Entertainment, Inc. to allow the filming and production of a proposed
pilot and television series based upon the Huntington Beach Marine Safety Operation as
amended to revise the termination date to March 1, 2007, to name the Director of
Community Services as the individual responsible for reviewing the "rough cut," to strike
the last sentence of paragraph 1 on page 7 of the Agreement pertaining to extension of
the Agreement, and direct the Mayor and City Clerk to execute the Agreement. The
motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Hardy, Hansen, and Cook
NOES: Sullivan
(City Council) Submitted by Mayor Dave Sullivan and Councilmember Hansen —
Directed Staff to Prepare a Five -Year Contract With the Huntington Beach Conference
and Visitors Bureau (HBCVB) to Receive Ten Percent (10%) of the Transient
Occupancy Tax (TOT) Collections Each Month Including Both Redevelopment
Agency & General Fund Collections Starting October 1, 2006 (120.90)
The City Council considered a communication from Mayor Dave Sullivan and
Councilmember Hansen transmitting the following Statement of Issue: For 2006/07,
based on estimated TOT revenues of $5,796,494, the first allocation to HBCVB (for
October 2006) would be disbursed in December 2006. Total allocations for 2006/07 are
estimated to be $579,649 and $591,242 in 2007/08, versus the $400,000 annual grant
amount HBCVB is receiving from the city during 2005/06.
1. Moving to a fixed percentage of TOT, like most bureaus in overnight destinations in
California and nationwide, provides dedicated resources to promote the City in a
professional manner and the incentive to grow TOT for the benefit of the City.
2. With the formation of an HB Hotel/Motel BID more than two years ago, the hotel/motel
community demonstrated its commitment to HBCVB and marketing Huntington Beach as
an overnight destination. It is time for the city to match this commitment.
3. If the city desires to become an overnight destination, it is time to deliver the visitor
services that travelers have come to expect and deserve in exchange for the tax dollars
they contribute as our guests.
4. If TOT revenues are reduced in the future due to a recession or other reason, the city
does not have to fund HBCVB with monies it has not collected.
5. The 10% level of TOT funding is approximately the same as the overall percentage of
funding HBCVB has received from the city the past 17 years.
6. A dedicated funding source permits HBCVB to undertake long-term planning and
strategy in behalf of HB as an overnight destination.
7. The city should harness its greatest assets for the benefits of its residents and tourism
offers a significant opportunity to enhance future tax receipts.
8. A 10-year contract reduces the administrative burden on city staff and HBCVB from
annual contract negotiations and preparations.
Mayor Sullivan gave an oral report. Councilmember Hansen commented on tourism and
its impact on the future of Huntington Beach. Councilmember Cook acknowledged the
May 15, 2006 — Council/Agency Minutes — Page 20 of 24
successes of the Conference and Visitors Bureau and asked that Council consider
performance measures tied to the 10% funding such as occupancy numbers and
website hits. She also asked the CVB to participate in funding downtown maintenance
expenses.
Mayor Pro Tern Coerper inquired about the percentage requested, costs, and uses for
added funding. Doug Traub, President of the CVB described methods for determining
percentages, funding for increased staffing and operating costs, and opined that the best
use of funding is to promote tourism rather than for maintenance and infrastructure costs
Councilmember Bohr stated his reasons for supporting the Recommended Action,
including competition with other coastal cities and the need to increase year-round
visitors. Councilmember Hansen spoke in support of a five-year contract and
measurability of results. Councilmember Green stated her reasons for supporting the
Recommended Action, including a commitment to increasing tourism in the City.
City Administrator Culbreth-Graft recommended against earmarking General Fund
dollars for this item and asked Council to consider a cap on revenues. Councilmember
Cook voiced concern with the amount of revenues paid to the CVB in the future.
Councilmember Green inquired about the history of the TOT percentage payments.
Finance Director Dan Villella explained in the past, the amount was at the discretion of
Council and reviewed annually. Mr. Traub also commented, stating at one time in the
past the amount received by the CVB was 17%, and it has been reduced year after
year. Mayor Sullivan suggested a three-year contract would alleviate concerns.
A motion was made by Coerper, second Hardy as amended to direct City staff to
prepare a three-year contract with the Huntington Beach Conference and Visitors
Bureau (HBCVB) to receive ten percent (10%) of the Transient Occupancy Tax (TOT)
collections each month (including both Redevelopment Agency & General Fund
collections) starting October 1, 2006. The city will discontinue the amount allocated to
HBCVB annually as a grant upon adoption of this resolution.
A motion was made by Bohr, second Green to (Substitute Motion) to direct City staff to
prepare a five-year contract with the Huntington Beach Conference and Visitors Bureau
(HBCVB) to receive ten percent (10%) of the Transient Occupancy Tax (TOT)
collections each month (including both Redevelopment Agency & General Fund
collections) starting October 1, 2006. The city will discontinue the amount allocated to
HBCVB annually as a grant upon adoption of this resolution.
Councilmember Hansen commented on ineffectiveness of a shorter than a five-year
contract. Councilmember Cook stated she would oppose the Substitute Motion.
Councilmember Green reiterated her reasons for supporting the Recommended Action.
Mayor Pro Tern Coerper withdrew his motion for a three-year contract. Mayor Sullivan
requested the Substitute Motion be amended to reflect a four-year contract. The Maker
of the Substitute Motion declined the amendment.
Council then voted on the Substitute Motion. The motion carried by the following roll
call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, and Hansen
NOES: Cook
May 15, 2006 — Council/Agency Minutes — Page 21 of 24
(City Council) Submitted by Mayor Sullivan — Designated the Woodie as the
Official Car of Huntington Beach.
The City Council considered a communication from Mayor Dave Sullivan transmitting the
following Statement of Issue: The Woodie is intimately associated with surfing. The
Conference and Visitors Bureau has found that the Surf City image is an ideal marketing
tool for tourism.
Mayor Sullivan gave an oral report.
A motion was made by Cook, second Hardy to designate the Woodie as the official car
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) Submitted by Councilmember Bohr — Directed Staff to Return to
City Council With A Request for Council Action (RCA) That Appropriates the
Necessary Resources to Begin the Process to Review and Amend the Downtown
Specific Plan and Downtown Parking Master Plan Including a Projected Schedule
and Description of the Tasks Necessary to Complete the Project (120.90)
The City Council considered a communication from Councilmember Keith Bohr
transmitting the following Statement of Issue: The Downtown Specific Plan was last
amended in February 2002 and the Downtown Parking Master Plan was last amended in
September 2000. The city is approaching the development capacity of the downtown as
it relates to square footage thresholds currently in place in the Downtown Specific Plan.
Any significant intensification of use above the existing square footage allocations can
require a Plan Amendment and Coastal Commission approval. These thresholds are
limiting the ability of the owners of Pierside Pavilion to add square footage and complete
a major renovation of their facility (in excess of $10 million) without the Plan Amendment
and Coastal Commission action even though their parking demand may not exceed
existing availability.
In addition, District 5 in the Downtown Specific Plan has several lots that are either
vacant or underutilized that cannot redevelop due to the fact that they are currently
ineligible to participate in the parking in lieu fee parking program because they are not
within the boundaries of the Parking Master Plan. I believe that dedicating resources to
begin the process of amending the Specific Plan and updating the Parking Master Plan
will allow the city to reap revenues in excess of the expense to perform the update
through additional tax increment revenues. In addition, this project is consistent with
City Council's stated strategy related to the Land Use Development Goal (complete
downtown projects) and the Economic Development Goal (create an environment that
promotes tourism and determine the physical layout of downtown and downtown
parking).
This process will likely take in excess of two years to complete. Therefore, I believe we
should take the steps necessary to begin the process as soon as possible to ensure the
economic viability of our downtown.
Councilmember Bohr gave an oral report
May 15, 2006 — Council/Agency Minutes — Page 22 of 24
Councilmember Hardy commented on changes to the downtown area and voiced
her support for the Recommended Action. Councilmember Cook stated her opinion
Council should proceed with caution, address issues of individual owners, and not
facilitate consolidation of large projects. Councilmember Green inquired about the
process of Planning review. City Administrator Culbreth-Graft stated her opinion that
they are separate issues. Mayor Sullivan stated his support for the Recommended
Action, and asked staff to establish an in -lieu parking fee that addresses the cost of
creating a space.
A motion was made by Bohr, second Coerper to direct staff to return to the City Council
with an RCA that appropriates the necessary resources to begin the process to review
and amend the Downtown Specific Plan and Downtown Parking Master Plan. Included
in the RCA should be a projected schedule and description of the tasks necessary to
complete the project. The motion carried by the following roll call vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, and Cook
NOES: None
(City Council) Submitted by Councilmember Coerper — Reconsidered Adoption of
Ordinance No. 3735 Amending Chapter 10.44 of the Huntington Beach Municipal
Code Relating to Recreational Vehicle Parking Time Limits (560.20)
The City Council considered a communication from Councilmember Gil Coerper
transmitting the following Statement of Issue: On May 1, 2006, the City Council
adopted Ordinance No. 3735 amending Chapter 10.44 of the Huntington Beach
Municipal Code relating to Recreational Vehicle Parking Time Limits. The ordinance
passed by the Council did not include a limit on the maximum number of days per year
that a recreational vehicle could be parked on the street. Therefore, the maximum
number of days per year remained one hundred ninety-two (192).
Since May 1, 1 have been contacted by a number of Huntington Beach residents who
believe 192 days per year is excessive. Additionally, they feet that large recreational
vehicles parked in their residential neighborhoods detract from the appearance of the
neighborhood and create a potential public safety problem. These residents respect the
rights of recreational vehicle owners, and they want their neighbors to enjoy the use of
their recreational vehicles. However, they believe that allowing the vehicles to remain
parked in front of the residences for more than fifty percent (50%) of the year is
unreasonable. During public comment regarding Ordinance No. 3735, some recreational
vehicle owners were opposed to the one hundred (100) day limit recommended by the
Police Department. Some suggested that that limit should not be changed, and others
suggested a limit somewhere between 100 and 192. After considering all of these
issues, it is my opinion that a limit of less than 192 days per year should be established.
Mayor Pro Tern Coerper gave an oral report and asked Police Chief Small to comment
on hourly permits. Chief Small clarified that the ordinance allows up to 24 hours per
permit day, but is restricted to a maximum of eight consecutive days, and sixteen days in
a month regardless of the actual number of hours used.
Mayor Sullivan clarified a motion to reconsider would be in order at this time.
May 15, 2006 — Council/Agency Minutes — Page 23 of 24
A motion was made by Coerper, second Bohr to reconsider the adoption of Ordinance
No. 3735. The motion carried by the following roll call vote:
AYES: Bohr, Coerper, Sullivan, and Cook
NOES: Green, Hardy, and Hansen
Councilmembers Green and Hansen stated they would oppose the Recommended
Action. Mayor Pro Tern Coerper asked the Police Chief to comment on complaints
received pertaining to RV parting. Chief Small stated numerous complaints received.
Councilmember Bohr commented on parking permit needs and read an email from an
RV owner who supports the restrictions. Mayor Sullivan stated his support for the
Recommended Action.
A motion was made by Coerper, second Bohr to limit to one hundred forty-four (144)
days per year that a recreational vehicle could be parked on the street; and Section
10.44.067, regarding street sweeping compliance, be included in any subsequent
amendment. The motion carried by the following roll call vote:
AYES: Bohr, Coerper, Sullivan, and Cook
NOES: Green, Hardy, and Hansen
(City Council) Councilmember Green Congratulated Women of Distinction
(120.85)
Councilmember Cathy Green congratulated Mary Lou Shattuck, Ola Herman, City
Treasurer Shari Freidenrich, Maureen Sloan -Janes, and Erin Runnion on being
awarded Women of Distinction by Soroptomist International of Huntington Beach.
(City Council) Mayor Sullivan Announced Emergency Medical Services Week (120.85)
Mayor Dave Sullivan announced National Emergency Medical Services Week. Division
Chief of Operations Jacques Pelletier stated the week is May 14-21, announcing
achievements of the Fire Department and upcoming events.
(City Council) Mayor Pro Tern Coerper Recognized Police Chief Small and Doug
Traub; Operation Iraqi Freedom (120.85)
Mayor Pro Tern Gil Coerper thanked Chief Small for his efforts on the RV parking
ordinance, Doug Traub for his efforts with the Conference and Visitors' Bureau, and
announced attendance at the Operation Iraqi Freedom memorial at Camp Pendleton.
Recessed to Closed Session at 10:25 p.m.
By consensus of all present, none absent, the City Council recessed to Closed Session
on the following items:
(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 15, 2006 — Council/Agency Minutes — Page 24 of 24
(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 City of Huntington Beach v.
POA, USDC Case No. SA01 -1 125JVS; and Scottsdale Insurance Co. v. City of
Huntington Beach, USDC Case No. SA03-1154JVS.. Subject: City of Huntington
Beach v. POA; and Scottsdale Insurance Co. v. City of Huntington Beach (Gun
Range) (120.80)
(City Council) Closed Session - Pursuant to Government Code Section 54957 to
consider personnel matters. Subject: City Administrator's Evaluation (120.80)
(City Council) Closed Session - Pursuant to Government Code Section 54957 to
consider personnel matters. Subject: Discipline/Dismissal/Release (120.80)
No Actions Taken Which Require a Reporting Pursuant to Government Code
Section 54957.1 (a) (3) (B).
Adjournment — City Council/Redevelopment Agency
Mayor Sullivan adjourned the regular meetings of the City Council/Redevelopment
Agency of the City of Huntington Beach at 12:04 a.m. Tuesday, May 16th to
Monday, June 5, 2006, at 4:00 p.m., in Room B-8, Civic Center, 2000 Main Street,
Huntington Beach, California.
ATTEST:
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City C and ex-officio Clerk the City
Counci of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
City Clerk-CIMayor-Chair