HomeMy WebLinkAbout2007-02-20Minutes
Council/RDA Meeting
City Council/Redevelopment Agency
City of Huntington Beach
Tuesday, February 20, 2007
4:00 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audio recording of the 4:00 p.m. portion of this meeting and
a video recording of the 6:00 p.m. portion of this meeting are available
on the website. A videotape of the 6:00 p.m. portion of the meeting
is on file in the Office of the City Clerk.
Call to Order' -
Mayor Coerper called the regular meeting of the City Council/Redevelopment Agency of
the City of Huntington Beach to order at 4:05 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Bohr, Carchio, Cook, Coerper, Green (arrived 4:31 p.m.), Hansen
(arrived 4:10 p.m.), and Hardy.
Absent: None.
The Assistant City Clerk Announced No Late Communications Pertaining to the
4:00 P.M. Portion of the Meeting
No Public Comments Regarding the 4:00 P.M. Portion of the Council Meeting
(City Council/Redevelopment Agency) Study Session #1 Held - The Fire and
Police Departments Provided an Apparatus Display Regarding Specialty Vehicles
Purchased From Grants Provided Through the Federal Homeland Security
Program. The Community Services Department Displayed Marine Safety
Apparatuses.
City Administrator Penny Culbreth-Graft described the focus of the vehicles on display
as homeland security; however Marine safety equipment was also included. The City
Council and all others present were invited to step outside the building and tour the
displayed vehicles. The meeting recessed for 20 minutes for this purpose and
reconvened at approximately 4:30 p.m.
(City Council/Redevelopment Agency) Study Session #2 Held — A Review of the
Finance Board's 2006 Annual Report Was Given and Discussion on the Board's
Direction for 2007 Was Held.
Finance Board Roll Call
Present: Chair Charles Falzon, Vice Chair Tim Geddes, Members Bob Jones,
Frank LoGrasso, Stephen King (arrived 4:34 p.m.), and Steve Garcia
Absent: None.
February 20, 2007 — Council/Agency Minutes — Page 2 of 15
Chair Falzon presented a PowerPoint report titled HB City Council/Finance Board Study
Session, which was included in the agenda packet. He described the Board's past
activities for 2006 and potential activities for 2007.
Mayor Coerper inquired about the plans and goals for Neighborhood Improvement
Districts. Chair Falzon explained that the Board's goal is to work with staff to minimize
any obstacles to making the program more effective than it is today. Discussion ensued
amongst Council, staff, and Board members pertaining to a proposal from the Park
Huntington community, the intent of the program, application fees, and the status of the
current program. City Administrator Culbreth-Graft provided a broad explanation of the
program, and Mayor Coerper asked the Chairman to schedule a meeting with him to
discuss the issues further.
Chair Falzon requested Council feedback on the Board's planned activities for 2007.
Individual Councilmembers made suggestions for activities including evaluation of the
grants program, further efforts towards improving the Neighborhood Improvement
District program, and equipment and vehicle replacement. There was Council
consensus that the Board's top priority be development of a long-term financial plan.
Mayor Coerper thanked the Board for their efforts. Vice Chair Geddes requested
Council alert the Board of any strategic planning issues that they should consider when
forming the long-term financial plan.
(City Council/Redevelopment Agency) Study Session #3 Held — Update Given by
the City Attorney on Wireless Facilities in the Public Right -of -Way
Senior Deputy City Attorney Leonie Mulvihill presented a PowerPoint report titled Update
on Wireless Facilities in the Public Right -of -Way, which was included in the agenda
packet. Discussion ensued amongst Council and staff regarding wireless technology,
line -of -sight antennas and desirable locations for their placement, the moratorium in
affect and potential banning of franchise fees related to recent federal and state case
law, application processes and restrictions, and locations of vaults for wireless facilities.
Councilmember Hansen opined that removal of barriers for wireless reception in the City
is beneficial to residents, and suggested franchise fees be eliminated. He voiced his
support for restricting any placement of facilities in beach or parkland and suggested
any necessary facilities be placed underground. Councilmembers Carchio and Hardy
concurred with Hansen's comments about placement of facilities. Mayor Pro Tern Cook
inquired about posting of bonds for facilities. Senior Deputy Attorney Mulvihill clarified
that bonds are required for installation; however it is also desirable that they be required
for removal of facilities.
Motion to Recess to Closed Session — Approved
A motion was made by Green, second Carchio 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, the
City Council shall recess to Closed Session to meet with its designated labor
negotiators: Penelope Culbreth-Graft, City Administrator; Bob Hall, Deputy City
Administrator; Dan Villella, Finance Director; and Renee Mayne, Chief Negotiator,
regarding labor negotiations with the following employee organizations: MEA, MEO,
FMA, HBFA, SCLEA, and Non -Associated.
February 20, 2007 — Council/Agency Minutes — Page 3 of 15
(City Council) Closed Session — Pursuant.to Government Code Section §54956.9, the
City Council shall recess to Closed Session to confer with the City Attorney regarding
the lawsuits entitled Los Angeles SMSA Limited Partnership v. City of Huntington
Beach, et. al., United States District Court No. SACV 06-647. This case concerns the
City's denial of Venzon Wireless' application to attach a cellular antenna to a utility pole
located at Edwards Street and Overlook Drive, and the City ordinance imposing a
moratorium on installation of cellular antennas in the public right-of-way.
Reconvened City Council/Redevelopment Agency Meeting — 6:08 p.m.
City Council/Redevelopment Agency Meeting Roll Call
Present: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy.
Absent: None.
No Actions Taken in Closed Session Which Require a Reporting Pursuant to
Government Code Section 54957.1(a) (3) (B).
Mayor Coerper dedicated the meeting in memory of Pat Cohen, who passed on
February 16, 2007 after a long illness.
Pledge of Allegiance/Flag Salute — Led by Boy Scout Troop 1
Invocation — Led by Mayor Coerper
The Assistant City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, Assistant City Clerk Robin Lugar
announced Late Communications regarding agenda items that had been received by her
office following distribution of the agenda packet:
Communication submitted by Robin Braithwaite dated February 19, 2007 regarding the
Ponderosa Chop House Restaurant to be located at Pierside Pavilion.
Communication submitted by Judy Pinchuk dated February 20, 2007 and titled
Ponderosa Chop House.
Communication submitted by Councilmember Jill Hardy, Chair on behalf of
Intergovernmental Relations Committee Members Councilmember Don Hansen and
Councilmember Keith Bohr dated February 20, 2007 and titled Agenda Item F-1,
Revised 2008 Federal Funding Agenda.
Communication submitted by Councilmember Bohr, dated February 1, 2007 and titled
Green Buildings Grow Profits.
Notice of Absence received from City Clerk, Joan L. Flynn requesting permission to be
absent due to illness.
The Following Communications Were Submitted During the Meeting:
Communication submitted by Raman Patel dated February 20, 2007 and titled
Discriminatory Senior Transportation — Lack of OCTA Bus Passes for Poor Seniors.
February 20, 2007 — Council/Agency Minutes — Page 4 of 15
Five pages of site plan details for the Ponderosa Chop House submitted by R.C. Alley,
undated and untitled.
Presentation — Mayor Gil Coerper called on Huntington Beach Human Relations Task
Force Chairman Alan Chancellor who assisted in presenting a proclamation in honor of
Black Heritage Month. The proclamation recipient was Huntington Beach resident Mrs.
Debbie Walden.
Presentation — Mayor Gil Coerper called on Firefighter/Paramedic Clint King who came
forward and made a presentation on behalf of the Guns and Hoses Golf Tournament.
Firefighter/Paramedic King chaired the event which raised money for the Huntington
Beach Assistance League. He recognized other committee members including Don
Cone, Dan Forster, and Winthrop Logemann from the Fire Department; Jeff Huss, R.J.
Garwood, Kevin Johnson, Norm Evenson, and Russ Reinhart from the Police
Department; Shelby Logemann from Emery Financial, and Diane Shelton from Nissan
Motor Corporation. He also thanked the sponsors and the Seacliff Country Club and
presented a check for $40,000 to the Assistance League.
Mayor's Award — Mayor Gil Coerper called on City Treasurer Shari Freidenrich who
presented the Mayor's award to Senior Accounting Technician Dwan Mandel and
described her accomplishments since she started with the City in 1996.
Public Comments
(The numbers following speakers' comments reflect the approximate point of time in the archived
video the speaker appears, available at http://www.surfcity-hb.org/GovemmentlAgendast)
Raman Patel asked the City Council to provide free OCTA bus passes for seniors in the
City. He submitted a Late Communication to Council and the City Administrator, asking
for further transportation assistance for seniors. (20:29)
Dave Shenkman, owner of the Kite Connection on the Pier, announced an annual kite
festival scheduled for February 24th and 25th, from 11 a.m. until darkness falls. He
explained that this is the 5th year for the festival and invited Council to attend.
Mr. Shenkman thanked Community Services Director Jim Engle and Marine Safety
Division Chief Kyle Lindo for their assistance. (24:22)
(City Council) Councilmember Bohr Announced Appointment of Andrew Kovacs
to the Finance Board
Councilmember Bohr announced the individual appointment of Andrew Kovacs to the
Finance Board.
(City Council) City Council, City Administrator, and Other Elected Officials AB
1234 Disclosure Reporting
City Administrator Penny Culbreth-Graft announced via a memorandum dated
February 12, 2007 and titled Item for February 20 City Council Meeting, AB 1234 Report
on Meetings Attended that she had attended the 2007 City Managers' Department
Meeting of the League of California Cities in San Francisco.
Mayor Pro Tern Cook announced that she attended a League of California Cities dinner
along with Councilmembers Hardy, Hansen, and Mayor Coerper.
February 20, 2007 — Council/Agency Minutes — Page 5 of 15
Mayor Coerper announced his attendance at the Orange County Engineering Council
meeting.
City Attorney Jennifer McGrath announced her attendance at the Orange County City
Attorneys' luncheon.
(City Council) Public Hearing Held — Approved as Amended Entitlement Plan
Amendment (EPA) No. 06-08 Modifying the Approved Plans Under Conditional Use
Permit (CUP) No. 06-20 for the Ponderosa Chop House Restaurant Located at
Pierside Pavilion, 300 Pacific Coast Highway, by Allowing the Restaurant to
Expand into an Adjacent 1,290 Square Foot Vacant Suite
Mayor Coerper announced that this was the time noticed for a public hearing to consider
the following: ENTITLEMENT PLAN AMENDMENT NO. 06-08 (PONDEROSA CHOP
HOUSE EXPANSION - AMENDMENT TO CONDITIONAL USE PERMIT NO. 06-20)
Applicant: Michael C. Adams Associates, 21190 Beach Blvd., Huntington Beach, CA
92648.
Request: To amend Conditional Use Permit No. 06-20 and modify plans previously
approved by the City Council on November 6, 2006, by expanding a 5,000 sq. ft.
restaurant with on -site sales and consumption of alcohol, live entertainment, and
dancing into an adjacent 1,290 square foot vacant suite. The project also includes
changes to the location of a mechanical bull and bar within the suite and relocating the
outdoor dining.
Location: 300 Pacific Coast Highway, #112 (south side of Walnut Avenue, between
Main St. and Third St.)
Project Planner: Rami Talleh
Legal notice as provided to the City Clerk's Office by staff had been mailed, published
and posted.
Acting Director of Planning Scott Hess gave an overview and introduced Project Planner
Rami Talleh. Planner Talleh presented a PowerPoint report titled Entitlement Plan
Amendment No. 06-08 (Ponderosa Chop House Expansion - Amendment to Conditional
Use Permit No. 06-20) 300 Pacific Coast Highway, Suite #112, which was included in
the agenda packet.
Discussion ensued amongst Council and staff regarding the proposed location of
outdoor dining, mitigation of noise, and window treatments.
Mayor Coerper declared the public hearing open.
The Assistant City Clerk restated for the record the following Late Communications
pertaining to this public hearing:
Communication submitted by Robin Braithwaite dated February 19, 2007 regarding the
Ponderosa Chop House Restaurant to be located at Pierside Pavilion.
Communication submitted by Judy Pinchuk dated February 20, 2007 and titled
Ponderosa Chop House.
February 20, 2007 — Council/Agency Minutes — Page 6 of 15
Councilmember Carchio voiced his concern regarding outside security for the restaurant
and asked the applicant to pro -actively address the issue so as not to over burden the
Police Department.
Mike Adams, Applicant, described what he referred to as improvements to the project
plan if the Entitlement Plan Amendment (EPA) is approved. He clarified that the glass in
the windows is currently transparent; however an interior wall exists blocking the view of
the mechanical bull from the outside. (40:57)
R.C. Alley submitted a communication consisting of site plan drawings that illustrate the
changes from the original proposal to the modified proposal for the project. He stated he
is a resident of Pier Colony Condominiums and represents the Homeowners'
Association. Mr. Alley voiced his concern, stating that the modified proposal expands
the restaurant into a bar. He asked Council to deny the EPA. (42:49)
Ted Frankiewicz, 8-year resident of Pier Colony, voiced his opposition to the proposed
plan. He opined that the location is not suitable for a restaurant. Mr. Frankiewicz asked
Council to delay or postpone approval of the plan in order to evaluate the possibility of
renting the space for office use. (46:34)
Jeff Smith, Pier Colony condominium owner, stated his support for outdoor dining in the
downtown. He questioned permitted use of the proposed outdoor dining area for activity
other than eating dinner, and voiced concern with noise that would carry over to the Pier
Colony residences. (48:27)
There being no other persons present to speak on the matter and there being no
additional protests filed, either written or oral, the Mayor declared the public hearing
closed.
Councilmember Bohr asked the public speakers if they would comment on their
preference for the existing approved plan or the proposed plan. Mr. Alley stated he has
no opposition to a restaurant and that he prefers the existing approved plan.
Mr. Frankiewicz voiced his preference for the existing approved plan.
In response to Council inquiries, Mr. Adams confirmed the hours of operation for the
outdoor dining area are until 9 p.m. weekdays and 10 p.m. on weekends, stating that the
area can be used for smoking and drinking. He clarified that the modified plan has more
indoor dining seats, and described dining booths in the bar area.
A motion was made by Hansen, second Carchio to approve Entitlement Plan
Amendment No. 06-08 with Suggested Findings and Conditions of Approval as
amended to require that the existing interior wall blocking the view of the
mechanical bull from the windows remain in place.
Councilmember Bohr asked for comments on extending the outdoor dining hours and
restricting to dining only. Mr. Frankiewicz and Mr. Alley voiced their opposition to such a
change. Mr. Adams explained that no activity will be allowed in the outdoor dining area
after the permitted hours. Councilmember Bohr withdrew his suggested amendment.
Council then voted on the amended motion. The motion carried by the following roll call
vote:
AYES: Bohr, Carchio, Coerper, Green, and Hansen
NOES: Cook, and Hardy
February 20, 2007 — Council/Agency Minutes — Page 7 of 15
FINDINGS AND CONDITIONS OF APPROVAL
ENTITLEMENT PLAN AMENDMENT NO. 06-08
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, which states that
operation and minor alteration to existing structures involving negligible or no expansion
are exempt from further environmental review.
FINDINGS FOR APPROVAL:
Entitlement Plan Amendment No. 06-08 for the expansion of a previously approved
5,000 square foot restaurant with on -site alcohol sales, live entertainment and
dancing, and outdoor dining area with alcohol into an adjacent 1,290 square foot
vacant suite will not be detrimental to the general welfare of persons working or
residing in the vicinity or detrimental to the value of the property and improvements in
the neighborhood. The proposed expansion will not create adverse noise or parking
impacts to the surrounding businesses and residents based on the availability of
parking within the existing parking structure and limitations on hours of operation.
Furthermore, the proposed expansions will allow for greater flexibility in the layout of
the floor plan to reduce any potential impacts to the adjacent residential uses and
comply with conditions of approval of Conditional Use Permit No. 06-20.
2. The proposed expansion of a previously approved restaurant with alcohol sales,
dancing, live entertainment and outdoor dining will be compatible with surrounding
uses. The use will be required to comply with strict conditions of approval to assure
that any potential impacts to the impacts to surrounding properties are minimized. In
addition, the proposed use is consistent with the mixed -use character of commercial
developments in the downtown. The use is subject to noise regulations such as
requiring that all doors and windows remain closed during live entertainment, and
regulation on the hours of operation to ensure compatibility with surrounding
businesses and residents.
3. The proposed restaurant will comply with the provisions of the base district and other
applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision
Ordinance and any specific condition required for the proposed use in the district in
which it will be located. The proposed use will comply with parking in the Downtown
Parking Master Plan and will be accommodated by the existing parking supply in the
existing parking structure. In addition, prior to construction of Phase Two of the
outdoor dining area, the applicant will be required to submit a parking analysis
demonstrating compliance with the Downtown Parking Master Plan. There is no
physical expansion proposed as part of the request and the use will comply with all
building occupancy/exiting requirements.
4. The granting of the entitlement plan amendment will not adversely affect the General
Plan. It is consistent with the Land Use Element designation of Mixed Use on the
subject property including the following policies and objectives identified in the
General Plan:
A. Land Use Element
February 20, 2007 — Council/Agency Minutes — Page 8 of 15
Policy LU 7.1.1 Accommodate existing uses and new development in accordance
with the Land Use and Density Schedules.
Objective LU 7.1 Accommodate the development of a balance of land uses that
(a) provides for the housing, commercial, employment, cultural, entertainment,
and recreation needs of existing and future residents, (b) provides employment
opportunities for residents of the City and surrounding subregion, (c) captures
visitor and tourist activity, and (d) provides open space and aesthetic relief from
urban development.
Goal LU 11 Achieve the development of projects that enable residents to live in
proximity to their jobs, commercial services, and entertainment, and reduce the
need for automobile use.
The proposed expansion of a previously approved restaurant will provide a new
visitor -commercial venue within the Downtown that is consistent with the Land
Use Density Schedules for the Downtown and is compatible with surrounding
mixed -use development.
B. Coastal Element
Policy C 3.2.3 Encourage the provision of a variety of visitor -serving commercial
establishments within the Coastal Zone, including but not limited to, shops,
restaurants, hotels and motels, and day spas.
The proposed expansion of a previously approved restaurant will increases the
commercial viability of Pierside Pavilion, allowing for its continued success within
the Downtown. The proposed establishment will expand the available visitor -
serving commercial uses within the Coastal Zone available to its patrons.
CONDITIONS OF APPROVAL:
The floor plan received and dated December 28, 2006, shall be the conceptually
approved design.
2. The existing interior wall constructed along the southeasterly windows adjacent to
the mechanical bull shall remain in place.
3. The conditions of approval of Conditional Use Permit No. 06-20 shall remain in
effect.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents,
officers, and employees from any claim, action or proceedings, liability cost, including
attorneys' fees and costs against the City or its agents, officers or employees, to attack,
set aside, void or annul any approval of the City, including but not limited to any approval
granted by the City Council, Planning Commission, or Design Review Board concerning
this project. The City shall promptly notify the applicant of any claim, action or
proceeding and should cooperate fully in the defense thereof.
February 20, 2007 — Council/Agency Minutes — Page 9 of 15
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, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
(City Council/Redevelopment Agency) Approved and Adopted Minutes -
Approved and adopted the minutes of the City Council/Redevelopment Agency regular
meeting of February 5, 2007 and the adjourned regular meeting of February 12, 2007 as
written and on file in the Office of the City Clerk. Submitted by the City Clerk.
(City Council/Redevelopment Agency) Received and Filed the City Clerk's
Quarterly Report Listing Professional Service Contracts Filed in the City Clerk's
Office Between October 1, 2006 and December 31, 2006 - Received and filed the
List of Professional Service Contracts Approved by Department Heads Pursuant to
Huntington Beach Municipal Code Chapter 3.03 and Submitted to the Office of the City
Clerk During the Period October 1, 2006 through December 31, 2006. Submitted by the
City Clerk. Funding Source: Not applicable.
(City Council) Approved a Professional Services Contract with Lim and
Nascimento Engineering Corporation in an Amount Not -to -Exceed $188,794 for
Preparation of a City -Wide Bridge Study, and Authorized the Mayor and City Clerk
to Execute the Contract - Approved and authorized the Mayor and City Clerk to
execute the Professional Services Contract Between the City of Huntington Beach and
Lim and Nascimento Engineering Corporation for City -Wide Bridge Study. Submitted by
the Director of Public Works. Funding Source: Sufficient funds are available from the
Gas Tax Fund, Arterial Rehabilitation, Professional Services, 20790008.69365.
(City Council) Approved a Reimbursement Agreement with Rainbow Disposal
Incorporated in the Amount of $66,137 for Costs Incurred for Professional
Planning Services Associated With Environmental Documentation for Transfer
Station Upgrades, and Authorized the Director of Finance to Appropriate the
Funds for Planning Services - 1) Approved the Reimbursement Agreement with
Rainbow Disposal Company, Incorporated, for Costs Incurred for Environmental
Documentation for Transfer Station as prepared by the City Attorney, between the City
and Rainbow Disposal Company, Inc.; and 2) Authorized the Director of Finance to
appropriate funds in the amount of sixty-six thousand one hundred thirty seven dollars
($66,137) to account 10060201.69365 for Planning Services related to preparation of
environmental documentation for the Rainbow Transfer Station upgrades. Submitted by
the Acting Director of Planning. Funding Source: Pending City Council approval of this
Reimbursement Agreement, Rainbow Disposal Company will pay to the City $66,137 for
the anticipated costs of preparing the requisite environmental documentation. This
constitutes revenue not anticipated in the adoption of the original budget and will be
used to fund the contract.
February 20, 2007 — Council/Agency Minutes — Page 10 of 15
(City Council) Approved an Interim Lease Agreement with California State Lands
Commission (CSLC) for a Portion of State -Owned Land Adjacent to Warner
Avenue Within the Boundary of the Bolsa Chica Ecological Reserve for
Construction, Use and Maintenance of the Warner Avenue Gravity Sewer Pipeline
Project, and Authorized the Director of Public Works to Execute a Reimbursement
Agreement with the CSLC - 1) Approved and authorized the Director of Public Works
to execute the Lease Agreement (Lease W 26183, Public Resources Code 8738.9)
between the City of Huntington Beach and the California State Lands Commission for
the construction, use, and maintenance of the Warner Avenue sewer pipeline; and 2)
Authorized the Director of Public Works to execute the Reimbursement Agreement,
Standard Agreement No. R08206. Submitted by the Director of Economic Development
and the Director of Public Works. Funding Source: Sufficient funds are available in the
project budget, Sewer Service Fund, Sewer Lift Stations, Sewer Improvements,
51189001.82600. The estimated cost is $12,000.
(City Council) Approved the Appointments of Robert Schaaf and Robert Smith to
the Environmental Board for a First Term to Expire June 30, 2010, Accepted the
Resignation of John McGovern From the Environmental Board and Approved the
Appointment of David Mootchnik for a First Term to Expire June 30, 2007, as
Recommended by Council Liaisons, Mayor Pro Tern Debbie Cook and
Councilmember Keith Bohr - 1) Approved the appointments of Robert Schaaf and
Robert Smith to the Environmental Board for a first term to expire June 30, 2010 as
recommended by Council Liaisons Cook and Bohr; and 2) Accepted the resignation of
John McGovern from the Environmental Board and approved the appointment of David
Mootchnik for a first term to expire June 30, 2007, as recommended by Council Liaisons
Cook and Bohr. Submitted by Mayor Pro Tern Debbie Cook and Councilmember Keith
Bohr, Liaisons to the Environmental Board and the Acting Director of Planning. Funding
Source: Not applicable.
(City Council) Adopted Resolution No. 2007-13 Finding and Declaring Weeds and
Rubbish on Specific Properties to be a Public Nuisance and Fixing the City
Council Meeting of May 7, 2007 as the Administrative Public Hearing Date for
Protests and Objections to the Abatement Thereof - Adopted Resolution No. 2007-
13, A Resolution of the City Council of the City of Huntington Beach Finding and
Declaring That Certain Weeds Growing in the City, and Rubbish and Refuse Deposited
on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for
Hearing Protests and Objections to the Abatement Thereof. Submitted by the Director of
Public Works. Funding Source: No funds are required at this time.
(City Council) Adopted Resolution No. 2007-14 Declaring a Portion of Edinger
Avenue Located Over the Bolsa Chica Channel, in the City of Huntington Beach,
to be a County of Orange Highway for Purposes of Construction and Maintenance
by the County of Orange - Adopted Resolution No. 2007-14, A Resolution by the City
Council of the City of Huntington Beach Declaring a Portion of Edinger Avenue Located
Over Bolsa Chica Channel Within the City of Huntington Beach to be a County of
Orange Highway for Purposes of Construction and Maintenance by the County of
Orange. Submitted by the Director of Public Works. Funding Source: No funds
required for this action.
February 20, 2007 — Council/Agency Minutes — Page 11 of 15
(City Council) Adopted Resolution No. 2007-15 Authorizing Sale of Water Outside
the City Limits for Two California State Lands Commission (CSLC) Facilities: the
Bolsa Chica Lowlands Restoration Project Office Facility to be Located at the
Southern End of Graham Street, and the Existing Bolsa Chica Ecological Reserve
Interpretive Center Site at 3842 Warner Avenue and Approved the Waiver of Plan
Check Fees for the Review of the Waterline Plans - 1) Adopted Resolution No.
2007-15, A Resolution of the City Council of the City of Huntington Beach Providing for
the Sale of Water Outside the City Limits; and 2) Approved the waiver of plan check
fees for the review of waterline plans. Submitted by the Director of Public Works.
Funding Source: 1) The cost of providing water service is recouped through the monthly
municipal services billing process; and 2) Plan check revenue of approximately $5,600
to the Water Fund will be waived.
(City Council) Approved the Proposed Changes to the Table of Organization
Which Include the Re Assignment of the Functions of Human Resources and Risk
Management Divisions Within the City Administrator's Office by Creating a Human
Resources Department that Contains Both Functions Under One Department Head
and Re -Assigning the Payroll Function to the Finance Department - 1) Approved
the proposed changes to the Table of Organization for the City Administrator and
Finance Departments including creation of a new Human Resources Department; and
2) Approved the reallocation of the Human Resources Manager position to a non-
classified position of Human Resources Director and set compensation; and 3)
Approved the reallocation of the Claims Supervisor position in Risk Management to a
Liability Coordinator; and 4) Approved the addition of two (2) new Personnel Analyst
positions to Human Resources Budget; and 5) Decreased the related staffing costs and
operating expenses in the City Administrator's budget, added the department of Human
Resources with related staffing and operating expenses and transferred appropriate
staffing and operating expenses to increase the Finance Department Budget. Submitted
by the Deputy City Administrator, City Services. Funding Source: General Fund
unreserved fund balance.
(City Council) Approved a Professional Services Contract with EIP
Associates/PBS & J in an Amount Not -to -Exceed $363,487 for Preparation of an
Environmental Impact Report (EIR) for the Proposed Senior Center Site,
Authorized the Mayor and City Clerk to Execute Contract and Appropriate Funds -
1) Approved the Professional Services Contract Between the City of Huntington Beach
and EIP Associates /PBS & J for Preparation of Environmental Impact Report for the
Senior Center Site in the amount of Three Hundred Sixty Three Thousand, Four
Hundred Eighty Seven ($363,487.00) Dollars, as prepared by the City Attorney, and
authorized the Mayor and City Clerk to sign; and 2) Appropriated funds in the amount of
Three Hundred Sixty Three Thousand, Four Hundred Eighty Seven ($363,487.00)
Dollars to account 10060201.69365 for the Professional Services Contract between the
City and EIP Associates/PBS & J, which is funded by an Owner Participation
Agreement. Submitted by the Director of Community Services and the Acting Director of
Planning. Funding Source: Funding for this project is provided as part of a
reimbursement agreement with Makallon Atlanta Huntington Beach, LLC. The
reimbursement agreement was executed by the City Administrator per terms of an
Owner Participation Agreement with Makallon that authorized the City Administrator to
execute any ancillary agreements related to the Senior Center project. This constitutes
revenue not anticipated in the adoption of the original budget and will be used to fund
the contract.
February 20, 2007 — Council/Agency Minutes — Page 12 of 15
(City Council) Approved Project Plans and Specifications and Awarded
Construction Contract in the Amount of $187,453 to Dynalectric for the Traffic
Signal Modifications at Gothard Street and Warner Avenue, CC-1232; Gothard
Street and Edinger Avenue, CC-1233; and Edwards Street and Warner Avenue,
CC-1234, Declared the Apparent Low Bidder, Terno Inc. as Non -Responsive and
Authorized the Mayor and City Clerk to Execute Contract in a Form Approved by
the City Attorney - 1) Approved the project plans and specifications for the Traffic
Signals at Gothard Street and Warner Avenue, CC-1232; Gothard Street and Edinger
Avenue, CC-1233; and Edwards Street and Warner Avenue, CC-1234; and 2) Declared
the apparent low bid from Terno Inc. as non -responsive; and 3) Accepted the lowest
responsive and responsible bid submitted by Dynalectric in the amount of $187,453;
and 4) Authorized the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney. Submitted by the Director of Public Works. Funding
Source: Funds in the amount of $162,530 have been allocated from Federal and State
sources through the Hazard Elimination Safety (HES) program, HES Fund, Traffic Signal
Modifications, Traffic Improvements, 81490007.82700. Gas Tax funds of $20,500 are
budgeted as matching cost contribution, however that amount is insufficient to complete
the project. The amount of $150,000 will be reallocated from a Gas Tax Traffic Signal
Installations project 20790007.82700. The project cost, including purchase of
equipment, will be $333,000. The engineer's initial estimate for construction in 2002 was
$170,000.
(City Council) Approved Projects to Receive the Highest Level of Focus for
Funding Efforts by the City's Federal Lobbyists During the 2007 Legislative
Session as Recommended by the City Council Intergovernmental Relations
Committee (IRC)
The City Council considered a communication from Councilmember Jill Hardy, Chair on
behalf of Intergovernmental Relations Committee Members Councilmember Don
Hansen and Councilmember Keith Bohr transmitting the following Statement of Issue:
Approval of the 2008 Federal Funding Agenda identifying those projects that will receive
the highest focus by the City's Federal lobbyist during the Federal 2007 legislative
session. Funding Source: Not applicable
Councilmember Hardy gave an oral report and described two changes that are outlined
in her Late Communication, which was announced earlier by the Assistant City Clerk.
A motion was made by Hardy, second Green to approve the projects as shown in the
Draft 2008 Federal Funding Agenda, as amended by Late Communication, as those
projects to be the focus of the City's federal funding efforts in 2007. The motion carried
by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
February 20, 2007 — Council/Agency Minutes — Page 13 of 15
(City Council) Submitted By Mayor Pro Tern Debbie Cook and Councilmember
Bohr — Directed Staff to Develop Energy Policies for the City of Huntington Beach
and Approved City Council Endorsement of the US Mayors Climate Protection
Agreement.
The City Council considered a communication from Debbie Cook, Mayor Pro Tem and
Keith Bohr, City Councilmember transmitting the following Statement of Issue: Energy
issues are not new for homeowners and business owners. All of us have dealt with the
lack of availability and/or high cost of gasoline, natural gas and electricity. These
economic issues are still of concern but in more recent years there is more awareness at
the national, state, and local levels for both the economic and environmental impacts.
There are many things our community can take action on to be part of the solution.
California's 2007 Integrated Energy Policy Report recognizes local agencies as a key
component in addressing critical energy infrastructure and related environmental
challenges. Assembly Bill 32 commits the State to reduce greenhouse gas emissions to
2000 levels by 2010 and to 1990 levels by 2020. The Governor's Climate Action Team
identified smart land use and intelligent transportation systems as major elements in
achieving these goals.
Many local communities have begun to consider energy issues and have signed the
U.S. Mayors Climate Protection Agreement. In so doing, these cities have recognized
many benefits that have accrued to their cities and citizens. As the California Energy
Commission prepares the tools, resources, and mandates that will implement AB32, the
city of Huntington Beach should prepare to position itself to take advantage of funding
opportunities and resources.
Mayor Pro Tern Cook gave an oral report and displayed illustrations of related trends
and programs. Councilmember Bohr voiced his concurrence with the Mayor Pro Tem's
comments and, referring to his Late Communication, asked Council to be proactive with
energy conservation.
Councilmember Green commented on the City's past and current efforts towards energy
conservation, including LED in traffic signal lights, light regulators in offices, regulation of
climate control in City Hall on weekends, use of alternative fuel in City vehicles, and
designation of Beach Boulevard as a Superstreet. She opined that mandates are not
the optimal plan and thanked staff, especially Public Works, for showing leadership in
alternative energy usage.
Councilmember Carchio stated his preference for no mandates and opined that the City
should take the initiative in demonstrating methods to improve energy conservation.
Councilmember Green asked for clarification on endorsement of the US Mayors Climate
Protection Agreement, stating she does not support any mandates. Mayor Pro Tern
Cook explained that the agreement is unenforceable. Councilmember Bohr described
the goal of the Agreement to educate and offer incentives rather than mandate actions.
Councilmember Hansen voiced his support for the motion and thanked Mayor Pro Tern
Cook for bringing the item forward.
Councilmember Bohr commented on relevance of this issue to the Strategic Plan
adopted by Council last year.
February 20, 2007 — Council/Agency Minutes — Page 14 of 15
Mayor Coerper concurred with comments made by Councilmembers in opposition
to mandates.
A motion was made by Cook, second Bohr to 1) Direct staff to develop energy policies
for the City of Huntington Beach that conserve resources, protect the environment,
ensure energy reliability, enhance the state's economy, and protect health and safety.
Proposed policies would include direct actions the City can take as a consumer and
facilities owner, and indirect as a leader in the community to promote energy
conservation, renewable energy sources, and green construction methods; and
2) Endorse the US Mayors Climate Protection Agreement. The motion carved by the
following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
(City Council) Submitted By Mayor Gil Coerper — Directed Staff to Prepare a
Resolution to Increase the Civil Citation Fine Amount for Destruction of Public
Property
The City Council considered a communication from Mayor Gil Coerper transmitting the
following Statement of Issue: Huntington Beach Municipal Code ("HBMC") section
9.52.010 prohibits defacing City property. This section is used to charge persons
responsible for committing acts of vandalism to City property, such as graffiti and
damage to city trees. Specifically, section 9.52.010 provides:
"Every person who willfully writes upon, paints upon or draws upon, defaces, cuts,
displaces, disfigures, removes, or mutilates any building, street, sidewalk, street light,
traffic signal, street tree, waste container, fence, block wall, bench, chair, table or other
property belonging to this city is guilty of a MISDEMEANOR."
Chapter 1.18 of the HBMC makes any violation of the provisions of the code subject to a
civil fine. Currently, the civil fine amounts for violations of HBMC section 9.52.010 are
$100 for the first violation, $200 for the second violation, and $500 for the third and
subsequent violations, where the administrative citations are issued within a twelve (12)
month time period.
The City has been experiencing significant graffiti problems. In an effort to deter this
type of nuisance activity, and in order to aggressively pursue those individuals
responsible for defacing city property, I would like to propose that the civil fine amounts
for violations of section 9.52.010 be increased to $500 for the first violation and $1,000
for the second and subsequent violations.
Mayor Coerper gave an oral report.
A motion was made by Cook, second Green to direct staff to prepare a resolution to
increase the civil fine amounts for violations of HBMC section 9.52.010 to $500 for the
first violation and $1,000 for the second and subsequent violations that occur within a
12-month time period. The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
February 20, 2007 — Council/Agency Minutes — Page 15 of 15
(City Council) Councilmember Green Commented on Fines for Graffiti Offenses
Councilmember Cathy Green noted Council action would result in large fines for graffiti
offenses.
(City Council) Mayor Coerper Announced Attendance at Sweet Charity Ball,
Ribbon Cutting for Ocean View High School Renovations, and Orange County
Engineering Council
Mayor Gil Coerper announced he had attended the Sweet Charity Ball to benefit the
West County YMCA. He stated he attended a Ribbon Cutting ceremony along with
Councilmember Carchio at Ocean View High School celebrating addition of a new
building. He described an Orange County Engineering Council Awards Banquet where
the City of Huntington Beach received an Outstanding Local Government Engineering
Project Award for the Overmyer Reservoir's renovation. He thanked Public Works
Director Robert F. Beardsley for his efforts.
Adjournment — City Council/Redevelopment Agency
Mayor Coerper adjourned the regular meetings of the City Council/Redevelopment
Agency of the City of Huntington Beach at 7:39 p.m. to Monday, March 5, 2007 at
4:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
City Clerk -and ex-officio Clerk o e City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
City Clerk -Clerk I Ma - hair