HomeMy WebLinkAbout2007-05-21 (5)Minutes
Council/RDA Meeting
City Council/Redevelopment Agency
City of Huntington Beach
Monday, May 21, 2007
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.
4:00 p.m. — Room B-8
Deputy Clerk Mandic recessed the 4:00 p.m. portion of the meeting to 4:45 p.m. due to
an anticipated lack of quorum. The Council will reconvene in the Chambers at that time.
Called City Council/Redevelopment Agency Meeting to Order — 4:45 p.m.
Present: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
Absent: None
Motion to Recess to Closed Session
A motion was made by Bohr, second by Hardy, to recess to Closes 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, HBFA, SCLEA, and Non -Associated.
(City Council) Closed Session — Pursuant to Government Code Section §54956.9, the
City Council shall recess into Closed Session to confer with the City Attorney regarding the
following lawsuit: Patrick Gildea v. City of Huntington Beach; Workers' Compensation
Appeals Board Case Nos. AHM 0068671, AHM 0311717, and AHM 0073796; Claim Nos.
COHB 93-0159, COHB 95-0145, and COHB 95-0223.
Reconvened City Council/Redevelopment Agency Meeting - 6:15 p.m.
No Actions Taken During Closed Session Which Required A Reporting Pursuant
to Government Code Section 54957.1(a) (3) (B).
May 21, 2007 — Council/Agency Minutes — Page 2 of 19
City Council/Redevelopment Agency Meeting Roll Call
Present: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
Absent: None
Pledge of Allegiance/Flag Salute - Led by Tiger Cub Scout Pack 563.
Invocation - Led by Mayor Coerper
Presentation - Project Self -Sufficiency
Mayor Coerper called on Ron Shenkman, Chairman, Rainbow Disposal, to present a
check to Susan Edwards, Human Services Supervisor representing Project Self -
Sufficiency. Ms. Edwards thanked Mr. Shenkman and Rainbow Disposal for the
donation and described how the funds will be distributed. Mayor Coerper also
expressed Councils' appreciation for Rainbow's fund raising efforts.
Presentation - Emergency Services Week
Mayor Coerper called on Eric Engberg, Fire Division Chief of Operations to accept a
proclamation for Emergency Services Week, May 20 - 26, 2007. Mayor Coerper
described the intent of the commendation, and recognized the Fire Department. Division
Chief Engberg and members of Emergency Management Services (EMS) team came
forward to be recognized and have a photo taken. Division Chief Engberg described the
level of service EMS members provide.
Presentation - Marine Safety Week
Mayor Coerper called on Marine Safety Chief Kyle Lindo to receive a proclamation for
Marine Safety Week May 21 - 28, 2007. Mayor Coerper thanked Chief Lindo and
recognized the Safety Team members present. Chief Lindo thanked the Council and
introduced member Mike Bartlett to announce U.S. Lifesaving Association and National
Beach Safety Awareness Week. Mr. Bartlett announced the event, and a motto to "be
safe, be seen, swim near a lifeguard." Mayor Coerper also discussed the training
involved and how Huntington Beach Marine Safety Officers often train other agencies.
Mayor's Award
Mayor Coerper called on City Clerk Joan Flynn to present the Mayor's Award to Senior
Deputy City Clerk Patty Esparza. City Clerk Flynn described the Mayor's Award
process, and discussed Ms. Esparza's responsibilities, merits, accomplishments and
dedication. Ms. Esparza thanked the Council and shared her feelings about working in
the City Clerk's Office.
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan Flynn announced Late
Communications regarding agenda items that had been received by her office
following distribution of the agenda packet:
Communication submitted by Flossie Horgan, Executive Director of the Bolsa Chica
May 21, 2007 — Council/Agency Minutes — Page 3 of 19
Land Trust dated May 21, 2007 regarding item E-10.
Communication submitted by Joe Shaw, dated May 18, 2007 and titled Please Continue
Surf City Nights.
Communication submitted by Donald Sinex, dated May 18, 2007 and titled Main Street
Pedestrian Mall.
Communication submitted by Mark Bixby, dated May 17, 2007 and titled H-1a Campaign
Contribution Limit Increase.
Communication submitted by Norm "Firecracker" Westwell, dated May 21, 2007
regarding item H-1 a.
Public Comments
Ron McLin, downtown business owner, spoke on Surf City Nights. He discussed the
success of the event and his support in continuing it beyond May 22. He stated that
members of the Downtown Business Improvement District (BID) are collecting funds to
cover costs to extend the term of the event an additional 5 weeks.
Councilmember Bohr asked if the BID took a vote to support holding the event for the
next five weeks. Mr. McLin confirmed that the vote was close to unanimous, and that
the BID plans to spend approximately $20,000 on the remaining events. He also
discussed the BID's distribution of funds during the entire 12-week term.
Julie Bixby spoke to voice support on the Bolsa Chica Annexation Study, and to
suggest that Council contact the California Coastal Commission (CCC) to request a
delay in action on the City's application for a Local Coastal Plan Amendment (LCPA)
involving the Shea Development on Graham Street. She discussed processing
deadlines and how the San Luis Obispo meeting location creates a hardship for
Huntington Beach citizens who wish to attend. She explained that the City, as applicant,
can request that the hearing be delayed until October when the CCC meets in San
Pedro.
Mark Bixby provided comments on the agenda item to consider raising campaign
contribution limits identified in the Municipal Code. Mr. Bixby stated his neutrality on
the proposed increase and explained his involvement in a preliminary analysis of
campaign disclosure information. He requested that changes be considered on a go -
forward basis and not retroactive as the proposal suggests.
Maribel Larios spoke about Senior Serve (formerly known as the Feedback
Foundation). She explained the organization's close association with the City staff
and volunteers to provide breakfast, lunch and dinner to approximately 260 homebound
seniors daily. Ms. Larios discussed service efforts throughout Orange County,
including serving 140,000 meals in 2006, and thanked the City for its past financial
support.
Connie Pedenko, Downtown BID member, thanked the Council for their support of Surf
City Nights. She discussed the BID's intentions to offer $19,000 to keep the event active
May 21, 2007 — Council/Agency Minutes — Page 4 of 19
in June, and their commitment to solicit sponsorship thereafter. She also described the
positive feedback she hears from the community and thanked BID volunteers.
Lee Love, Downtown BID member, voiced support for the proposal to extend Surf City
Nights. Ms. Love shared positive comments about the event and registered support that
the event go on indefinitely, and for Main Street closure on additional days.
Steve Daniel, Rocky Mountain Chocolate Factory owner and downtown BID President,
thanked City staff for their hard work. He shared ideas for improving Main Street and
Surf City Nights, and described the BID's efforts to work with side street businesses
on Walnut and Olive to more fully include them in the event. He also discussed how
the BID will help fund the next 5 weeks, and their support for extending the event area to
a 4th and 5th block.
Vincent Wade informed Council of conversations he had with U.S. Postal Service
staff and their assumed concerns that the Main/Olive branch downtown may be
required to close due to vendors participating in Surf City Nights blocking access
for postal trucks entering or exiting the facility. He opined that the National Postal
Service will not allow the facility to operate if it closes early to accommodate the event
and urged the Council and BID to reach a compromise that allows the Post Office to
remain open during their normal business hours.
Mayor Pro Tem Cook asked if Mr. Wade spoke with Postal Service staff directly, and
if his conversations were recent. Mr. Wade confirmed on both accounts.
Council Reports
Disclosure Reporting (This is the opportunity for Councilmembers to make
announcements regarding Council committees, appointments or liaison reports and all
individuals as appropriate to disclose any conferences, training, seminars, etc. attended
at the agency's expense, per Government Code §53232.3 (d))
Councilmember Bohr reported his attendance at the 2nd Annual 3/1 Golf Tournament
and Banquet held at Camp Pendleton, benefiting the 3/1 Marine Battalion.
Councilmember Carchio reported his attendance at the League of California Cities
General Meeting on May 10.
Mayor Pro Tern Cook reported her attendance at the U.S. Green Building Council
Meeting in Irvine on May 17.
Councilmember Hansen reported his attendance at the League of California Cities
meeting on May 10.
Mayor Coerper reported attending the Police Officers' Memorial in Santa Ana at the
Civic Center, the Huntington Beach Police Department Open House, Arena Appeals
Board in Los Angeles on May 14, the 3/1 Golf Tournament, Reception for
Assemblymember Jim Silva at the Central Library, "Gone Surfing" event with Rodney
McKenna, and Scout-O-Rama/Boy Scout Jamboree.
May 21, 2007 — Council/Agency Minutes — Page 5 of 19
City Administrator's Report
City Administrator Penny Culbreth-Graft announced the opening of the City Cafe located
on the lower level of City Hall open Monday through Friday, 7:00 a.m. to 4:30 p.m.
(City Council) Public Hearing Held - Approved Conditional Use Permit (CUP) No.
07-07 (Fourth Master CUP for Four Condominium Conversions) as Part of a
Settlement Agreement Reached Between the City and Five Title Insurance
Companies Representing Four Property Owners
Mayor Coerper announced that this was the time noticed for a public hearing to
consider communication from the City Attorney and the Director of Planning transmitting
the following Statement of Issue: Transmitted for City Council review is Conditional
Use Permit No. 07-07 (CUP 07-07), a request by Michael C. Adams for approval of four
condominiums on one property that were converted from apartments and stock
cooperatives and sold as condominiums prior to June 1, 2004 without obtaining City
approval and associated entitlements. This master CUP 07-07 is part of a settlement
agreement reached between the City and five title insurance companies representing the
four property owners. It is the fourth such master CUP to come before the Council.
Applicant: Michael C. Adam's
Request: To approve four condominium units.
Location: 205 Thirteenth Street
Project Planner: Jane James
Legal notice, as provided to the City Clerk's Office by staff had been mailed, published
and posted.
City Administrator Culbreth-Graft introduced Director of Planning Scott Hess to provide a
staff report. After a brief description of the request, Director Hess indicated Senior
Planner Jane James was available to make a PowerPoint presentation to Council, if so
desired. Council indicated their desire to forego the presentation.
Mayor Coerper declared the public hearing open.
Mike Adams, representing four property owners at 205 Thirteenth Street, described the
history of the conversion process and thanked staff and Council for their support.
A motion was made by Cook, second Bohr to Approve Conditional Use Permit No. 07-07
with findings and conditions of approval. The motion carried by the following roll call
vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
May 21, 2007 — Council/Agency Minutes — Page 6 of 19
FINDINGS - CONDITIONAL USE PERMIT NO. 07-07:
Conditional Use Permit No. 07-07 for the establishment, maintenance and operation
of four condominium units 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. Based upon the conditions imposed the exterior
of the units will be in good condition, any construction performed without permits or
any significant health and safety violations will be remedied, minimum construction
standards will be met, CC&Rs with a surveyor or engineer prepared map will be
submitted, and affordable housing in -lieu fee will be paid.
2. The conditional use permit will be compatible with surrounding uses because the
subject property is located within a residential district and is surrounded by other
multi -family units.
3. The proposed conditional use permit for four condominium units 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. In addition, the project will
comply with any specific condition required in the settlement agreement.
4. The granting of the conditional use permit will not adversely affect the General Plan.
It is consistent with the Land Use Element designations of Medium High Density
Residential on the subject property. In addition, it is consistent with the following
goals and policies of the General Plan:
A. Land Use Element
Policy LU 4.2.1: Require that all structures be constructed in accordance with the
requirements of the City's building and other pertinent codes and regulations;
including new, adaptively re -used, and renovated buildings.
Policy LU 8.1.1: Accommodate land use development in accordance with the
patterns and distribution of use and density depicted on the Land Use Plan Map, in
accordance with the appropriate principles.
B. Housing Element
Policy H 3.1.1: Encourage the provision and continued availability of a range of
housing types throughout the community, with variety in the number of rooms and
level of amenities.
The subject residential property is a four-plex located in the Downtown area. The
project site is zoned and General Planned for Medium High Density Residential. The
units represent a variety of unit types with various floor plans and amenities. An
affordable housing in -lieu fee will be submitted for the project.
5. The City Council 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 15303 of the CEQA Guidelines, because
new construction or conversion of up to six multi -family units at one project site are
exempt.
May 21, 2007 — Council/Agency Minutes — Page 7 of 19
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 07-07:
1. Conditional Use Permit No. 07-07 will become effective at each individual property in
accordance with the approved settlement agreement.
Consent Calendar — Items Approved
A motion was made by Green, second Hardy to move the following Consent Calendar
items, as recommended. The motion carried by the following roll call vote:
AYES: Bohr (Abstain on Release of the Guarantee and Warranty Bond Provided
as Security by Heritage Communities for Tract 15691), Carchio, Cook,
Coerper, Green, Hansen, and Hardy
NOES: None
(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 January 1, 2007 and March 31, 2007 — 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 January 1, 2007 through March 31, 2007. Submitted by the City Clerk.
Funding Source: Not applicable.
(City Council) Approved Release of the Guarantee and Warranty Bond Provided
as Security by Heritage Communities, Developer of Tract 15691 Located at the
Southwest Corner of Goldenwest Street and Ellis Avenue - 1) Released Guarantee
and Warranty Bond No. 444113P, the security furnished for guarantee and warranty of
improvements for Tract 15691 (Heritage); and 2) Instructed the City Clerk to notify the
developer, Heritage Communities, of this action, and the City Treasurer to notify the
Surety, Developers Surety and Indemnity Company, of this action. Submitted by the
Director of Public Works. Funding Source: No funds required for this action.
(City Council) Approved Release of the Guarantee and Warranty Bond Provided
as Security by Signal Landmark, Developer of Tract 15734 (Sandover) Located at
the Southwest Corner of Bolsa Chica Street and Los Patos Avenue - 1) Released
Guarantee and Warranty Bond No. 1677807-M, the security furnished for guarantee and
warranty of improvements for Tract 15734 (Sandover); and 2) Instructed the City Clerk
to notify the developer, Signal Landmark, of this action, and the City Treasurer to notify
the Surety, Insurance Company of the West, of this action. Submitted by the Director of
Public Works. Funding Source: No funds required for this action.
(City Council) Adopted Resolution No. 2007-32 Amending Resolution No. 2002-13
and Authorizing Certain City Officials, City Employees and Hinderliter de Llamas
and Associates (HdL) to Access Sales and Use Tax Records from the Board of
Equalization (BOE) - Adopted Resolution No. 2007-32, "A Resolution of the City
Council of the City of Huntington Beach Amending Resolution No. 2002-13 and
Authorizing Certain City Employees and Hinderliter, De Llamas and Associates Access
to Sales and Use Tax Records Pursuant to Section 7056 of the Revenue and Taxation
Code." Submitted by the Director of Finance. Funding Source: Not applicable.
May 21, 2007 — Council/Agency Minutes — Page 8 of 19
(City Council) Approved Sole Source Purchase of Light -Emitting -Diode (LED)
Traffic Signal Lamps From Jam Services in the Amount of $71,272 - Approved
Sole Source Procurement from Jam Services for the purchase of LED traffic signal
lamps. Submitted by the Director of Public Works. Funding Source: Funding in the
amount of $71,275 is available in Public Works Equipment Replacement, Traffic
Equipment 10040214.84400 ($50,000) and Gas Tax Engineering, Traffic Signal
Maintenance 20785201.64670 ($21,275.)
(City Council) Reviewed and Accepted the City Attorney's Quarterly Report for
January 1, 2007 through March 31, 2007 - Reviewed and accepted the City Attorney's
first Quarterly Report for January 1, 2007 through March 31, 2007. Submitted by the
City Attorney. Funding Source: Not applicable.
(City Council) Received and Filed Report Summarizing Issues Related to the
Potential Annexation of the Remainder of the Unincorporated Bolsa Chica Area
Currently Within the Jurisdiction of the County of Orange and Directed Staff to
Include in the 2007-2008 Budget Resources to Complete an Annexation Feasibility
Study — Directed staff to include in the 2007-2008 budget request resources to complete
an Annexation Feasibility Study for the balance of the unincorporated Bolsa Chica area.
Submitted by the Director of Planning. Funding Source: Not applicable.
Councilmember Green requested that this agenda item be removed from the Consent
Calendar, and inquired if the funding source listed as "non -applicable" applied to the FY
2007/08 budget only. City Administrator Culbreth-Graft confirmed. Councilmember
Green provided the following list of details to be included within the annexation study: 1)
A clear analysis of the economic benefits for the City. Why annex? For what good
purpose? I hereby request a complete cost benefit analysis; 2) What is the responsibility
of the State? Will California Fish & Game provide staff and maintenance support? Can
we get the Management Plan from the California Coastal Conservancy or whoever did
it?; 3) Statement of Legal Liability. In the event of an accident (slip and fall on a trail,
snake bite, etc.) which entity (City or State) is liable in a lawsuit?; 4) Will the State
request a share in any revenues?; and, 5) With regard to monies received from the Port
Authorities for the Bolsa Chica: a) what was the original amount?; b) what was
expended for Planning? Document the amounts the State, Federal, County agencies
received for Planning; c) What was spent foe earth moving and construction?; d) what
remains for operation and maintenance? Will the city have access to these funds? Are
there any strings? Are the Ports required to pay for operations and maintenance in
perpetuity?
City Administrator Culbreth-Graft asked Director Hess if Councilmember Green's request
changes the scope of the staff report. Director Hess replied no.
A motion was made by Hardy, second Hansen to Receive and File Report Summarizing
Issues Related to the Potential Annexation of the Remainder of the Unincorporated
Bolsa Chica Area Currently Within the Jurisdiction of the County of Orange and Direct
Staff to Include in the 2007-2008 Budget Resources to Complete an Annexation
Feasibility Study. The study will also include responses to Councilmember Green's
request for information. The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
May 21, 2007 — Council/Agency Minutes — Page 9 of 19
(City Council) Approved and Authorized the Mayor and City Clerk to Execute an
Agreement Between the City of Huntington Beach and the EcoMedia Organization
(formerly Adopt -A -Waterway) to Provide Funding to Support Water Quality
Programs and Projects Throughout the City Including the City's Municipal
Stormwater National Pollutant Discharge Elimination System Permit (NPDES) —
Approved and authorized the Mayor and City Clerk to execute the Agreement and an
Environmental Protection, Watershed Restoration, Air Quality Improvement, and
Greenspace Preservation Funding Program. Submitted by the Director of Public Works.
Funding Source: No funds are required at this time. The program is a minor source of
water quality revenue, anticipated to generate approximately $25,000 per year.
Councilmember Green requested that this agenda item be removed from the Consent
Calendar. City Administrator Culbreth-Graft introduced Director of Public Works Robert
Beardsley to provide a staff report. Director Beardsley discussed the Adopt -A -Storm -
Drain plan that allows EcoMedia to post signage in the public right-of-way to educate the
public about pollution and hazardous environmental practices. He also indicated that
local businesses could advertise on these signs, and that the program administrator
approached staff about continuing signage efforts in other projects and programs
throughout the city.
Councilmember Hardy asked for information on the number and locations of projects
that would be able to participate in this program. City Engineer Dave Webb stated he
would follow-up with information and assist Council who are interested in visiting
applicable sites.
A motion was made by Green, second Hardy to Approve and Authorize the Mayor and
City Clerk to Execute Agreement for an Environmental Protection, Watershed
Restoration, Air Quality Improvement, and Greenspace Preservation Funding Program.
The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
(City Council) Approved and Authorized the Mayor and City Clerk to Execute
Amendment No. 2 to the Professional Services Agreement with Scott Fazekas &
Associates, Inc. in the Amount of $176,000 for a Total Not to Exceed $412,000;
Approved a Budget Appropriation to Transfer $176,000 From Permanent Salaries
to Professional Services, and Authorized the Director of Building and Safety to
Expend an Additional $176,000 for Inspection Services - 1) Approved Amendment
No. 2 to Agreement Between the City of Huntington Beach and Scott Fazekas and
Associates, Inc.; and authorized the Mayor and City Clerk to execute the Amendment
No. 2; and 2) Approved a Budget Appropriation to transfer $176,000 from Permanent
Salaries (10055201.51000) to Professional Services (10055201.69365;) and 3)
Authorized the Director of Building and Safety to expend an additional $176,000 for
Professional Services for Inspection Services. Submitted by: Director of Building and
Safety. Funding Sources: Funds are available in Building and Safety Department
business unit 10055201.51000.
Councilmember Carchio explained his request to pull the item and share his
communication with the Director of Building on questions related to hiring practices,
May 21, 2007 — Council/Agency Minutes — Page 10 of 19
background checks, and other considerations when initiating a professional services
agreement for inspection services.
A motion was made by Carchio, second Cook to 1) Approve Amendment No. 2 to
Agreement Between the City of Huntington Beach and Scott Fazekas and Associates,
Inc.; and authorize the Mayor and City Clerk to execute the Amendment No. 2; and 2)
Approve a Budget Appropriation to transfer $176,000 from Permanent Salaries
(10055201.51000) to Professional Services (10055201.69365;) and 3) Authorize the
Director of Building and Safety to expend an additional $176,000 for Professional
Services for Inspection Services. 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 Authorized the Mayor, City
Administrator and City Clerk to Execute the Affordable Housing Agreement With
Jamboree Housing Corporation (JHC-Oakview LLC) Using HOME Investment
Partnership Program Funds and Agency Housing Set Aside Funds for Acquisition
and Rehabilitation of a Five -Unit Apartment Property Located at 17362 Koledo
Lane; Authorized the Wire Transfer of Funds to Affect the Closing of Escrow, and
Temporarily Waived the City's Insurance Requirements for the Purpose of
Approving the City and Agency Loans
The City Council/Redevelopment Agency considered a communication from the Director
of Economic Development/Deputy Executive Director transmitting the following
Statement of Issue: An Affordable Housing Agreement between the City, the
Redevelopment Agency, and Jamboree Housing Corporation (Jamboree) is submitted
for approval. This agreement provides for a loan in the amount of $1,580,000 of HOME
Investment Partnership program funds and Agency Housing Set Aside funds for the
acquisition and rehabilitation of a five -unit apartment property at 17362 Koledo Lane in
the Oakview neighborhood. Funding Source: $800,000 from HOME Investment
Partnership program funds ($2,490.00 from account 85080401; $565,571.28 from
account 85180401; and $231,938.72 from account 85280401) and $780,000 from
Agency Housing Set Aside funds account 30680301 ($35,000 of which will only be used
for relocation costs, if needed.)
Councilmember Bohr requested that for educational purposes, staff and/or the
consultant present information on the request. City Administrator Culbreth-Graft referred
to Acting Director of Economic Development Jim Lamb, who introduced Real Estate and
Housing Manager Steve Holtz. Manager Holtz clarified that the project is using
redevelopment set -aside and federal home program funds, not in -lieu fees.
Councilmember Bohr discussed the figures calculated per unit, including discounts.
Kathy Head, Senior Principal with Keyser Marston provided a financial analysis and
discussed revitalization efforts and affordable housing goals related to the Oakview
area. She also explained how assistance guidelines work, including projects that are
supported by debt or rent, and high operating expenses for small projects.
Councilmember Bohr asked for the number of units to date. Ms. Head stated 9 units to
date, with proposed projects expected to raise that number to 20 in the near future.
May 21, 2007 — Council/Agency Minutes — Page 11 of 19
A motion was made by Bohr, second Green to 1) Approve the Affordable Housing
Agreement with JHC-Oakview, LLC for $800,000 using HOME Investment Partnership
program funds for the acquisition and rehabilitation of 17362 Koledo Lane; 2) Authorize
execution and recordation of the Affordable Housing Agreement, all attachments, and
other necessary related documents by the Mayor, City Administrator and City Clerk
when advised by the City Attorney; 3) Authorize the wire transfer of $800,000 of HOME
Investment Partnership program funds to affect the closing of the acquisition escrow; 4)
Temporarily waive the City's insurance requirements for the purpose of approving the
City and Agency loans. Direct staff to ensure that insurance requirements as described
in the Affordable Housing Agreement are met by JHC-Oakview, LLC by the close of
escrow.
Recommended Redevelopment Agency Actions:
1) Approve the Affordable Housing Agreement with JHC-Oakview, LLC for $780,000
using Agency Housing Set Aside funds for the acquisition and rehabilitation of 17362
Koledo Lane; 2) Authorize execution and recordation of the Affordable Housing
Agreement, all attachments, and other necessary related documents by the Agency
Chairperson, Executive Director, and Secretary when advised by the Agency Legal
Council; 3) Authorize the wire transfer of $780,000 of Agency Housing Set Aside funds
to affect the closing of the acquisition escrow. The motion carried by the following roll
call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
(City Council/Redevelopment Agency) Appropriated $90,000 and Approved the
Extension of Financial Participation for Supporting Expenses of the Local
Tuesday Nights Program, Surf City Nights for the Remainder of the Fiscal Year
2006-2007
Communication from the Director of Economic Development/Deputy Executive
Administrator transmitting the following Statement of Issue: On November 20, 2006,
City Council/Redevelopment Agency approved a trial program for temporary closure of
Downtown Huntington Beach Main Street which included an event now referred to as
Surf City T"" Nights. This event was scheduled to expire on May 22, 2007, but due to the
popularity and increased revenues to the downtown merchants, the Merchants
Association voted at their May 9 general membership meeting to pay for the major
expenses of the event for five weeks beginning May 29. During this extension period,
the merchants and City staff will continue to improve the economics of the event through
ideas such as expanding the size from two to three or more blocks; reducing expenses
for infrastructure such as temporary barricades; and finding private sponsorships. Staff
recommends that the City/Redevelopment Agency continue to support this event
throughout the remainder of fiscal year 2006-2007 by paying for the minor supporting
expenses, such as city -related costs, by reimbursing Police, Fire, Public Works,
Community Services, and continuing to pay for advertising and seeking sponsors.
Councilmember Carchio announced that he would abstain from action on the item due to
a possible conflict of interest, and exited the Council Chambers.
May 21, 2007 — Council/Agency Minutes — Page 12 of 19
City Administrator Culbreth-Graft introduced Acting Director of Economic Development
Jim Lamb to provide a staff report. Acting Director Lamb provided background on the
Surf City Nights event approved by Council in November, 2006. He thanked staff, the
downtown BID, involved contractors, and John Tillotson for matching the City's 2-hour
free parking incentive in a privately -owned garage. He explained what the proposed
request entails, how it will be budgeted through various sources, and addressed
concerns about potential closure of the U.S. Post Office located at Main and Olive.
He also stated that the original event included weekend festivals and would begin on
Father's Day.
Councilmember Green asked about minor supporting expenses. Acting Director Lamb
described approximate weekly expenses that include police patrol, barricades, parking,
cleaning, Fire and Police Department overtime and advertising. He also discussed what
the BID pays out on a weekly basis to outside contractors. Councilmember Green asked
if the event should continue throughout the summer. Acting Director Lamb explained
how the merchants drive the event, and how it is enjoyed by members of the community.
Mayor Pro Tern Cook asked if Post Office personnel had been invited to attend
Economic Development Committee (EDC) meetings. Acting Director Lamb couldn't
confirm, but explained that the City has definitely been in contact with the Post Office.
Mayor Pro Tern Cook asked if the $90,000 appropriation covers the entire budget year,
and if any part is used to fund the weekend of July 4th. Acting Director Lamb confirmed
that the budget allocation covers the remainder of the fiscal year, but is not associated
with the July 4th weekend.
Mayor Pro Tern Cook voiced concerns about loss of revenue in allowing free parking.
Acting Director Lamb stated the free parking decision was made early on to encourage
people to come downtown. Mayor Pro Tern Cook asked staff to state current parking
fees, and if the City is planning to offer free parking on Father's Day. Acting Director
Lamb stated no plans are in place to offer free parking on Father's Day. He responded
that the structure charges $1.00 per 30 minutes, with a $9.00 daily maximum.
Councilmember Bohr asked what happens after the extended 5-week period expires.
Acting Director Lamb described the merchants' role in extending the life of the event,
adding revenue sources and sponsorship must be established.
Councilmember Hansen described the event as excellent, and stated his opinion that
offering free parking motivates people to show up. He supports extending the event and
thanked the merchants for participating. He discussed growth, future sponsorship,
revenue generation, busy merchants and happy residents, stating the City and
downtown merchants should consider improvements as the event moves forward.
Mayor Pro Tern Cook asked staff to provide parking revenue generally realized on
Tuesday nights in the summer. Acting Director Lamb responded with figures recorded in
mid -May. Discussion ensued on how the program effects revenue generation on
Tuesday evenings. Mayor Pro Tern Cook explained her goal of encouraging people to
use alternative methods such as walking or biking to visit the event, stating she would
not support the item without knowing how much parking revenue is gained or lost.
Councilmember Hardy expressed support for the item, and for offering free parking.
She opined that longer stays downtown by visitors benefit the City and downtown
May 21, 2007 — Council/Agency Minutes — Page 13 of 19
business owners. She asked staff to explain why vendors are requesting an expanded
market area. Acting Director Lamb discussed vendor expenses and how special
activities such as bounce boxes, restrooms, etc. limit space.
Councilmember Hardy asked how long the City can use redevelopment funds for the
event. Acting Director Lamb responded the project is allowable as long as it ties to
downtown project improvement. City Administrator Culbreth-Graft clarified that
redevelopment monies cannot be spent for operations and maintenance, and that
once the pilot program is retired, redevelopment funds will not be available to fund the
event. Councilmember Hardy asked staff to confirm that the request includes a
declaration by Council that the pilot program is being extended. City Administrator
Culbreth-Graft confirmed, and added that the City does not support using General
Fund dollars to finance the event.
Councilmember Green asked staff for the average time people exit the parking structure
during summer months. City Administrator Culbreth-Graft requested that the Director of
Community Services follow-up with that information.
Discussion continued on parking alternatives such as shuttles or long-term discounts,
and whether participants receive a discount if they are present after the event begins.
BID President Steve Daniels explained that the 2-hour parking incentive is offered
between the hours of 4:00 p.m. to 8:30 p.m.
Mayor Coerper asked staff to indicate the streets currently closed during the event.
Acting Director Lamb responded the 2nd and 3rd blocks (Walnut and Olive). Acting
Director Lamb also explained why Orange can not be closed.
Mayor Coerper asked for the conclusion date of the pilot program. City Administrator
Culbreth-Graft stated the pilot program operates throughout the current fiscal year.
A motion was made by Hansen, second Bohr to 1) Approve the extension of financial
participation for supporting expenses by City/Redevelopment Agency for the Local
Tuesday nights program, Surf City Nights, for the remainder of fiscal year 2006-2007;
and 2) Appropriate $90,000 from the Merged Project Area Unappropriated Fund Balance
into account #30581002. The motion carried by the following roll call vote:
AYES: Bohr, Coerper, Green, Hansen, and Hardy
NOES: Cook
ABSTAIN: Carchio
(City Council) Adopted Resolution No. 2007-33 Approving the Memorandum of
Understanding (MOU) between the City of Huntington Beach and the Huntington
Beach Management Employees' Organization (MEO) Covering the Period of
December 20, 2006 through December 19, 2008
Communication from the Deputy City Administrator transmitting the following Statement
of Issue: Should the City and the Huntington Beach Management Employees'
Organization (MEO) enter into a new Memorandum of Understanding (MOU) covering
the period of December 20, 2006 through December 19, 2008?
May 21, 2007 — Council/Agency Minutes — Page 14 of 19
City Administrator Culbreth-Graft introduced Deputy City Administrator Bob Hall to
provide a staff report. After a brief description of the request, Deputy Administrator
Hall indicated a PowerPoint presentation was available to Council, if so desired. Council
declined the_ presentation.
A motion was made by Bohr, second Hardy to Adopt Resolution No. 2007-33, "A
Resolution of the City Council of the City of Huntington Beach Approving and
Implementing the Memorandum of Understanding between the Huntington Beach
Management Employees' Organization (MEO) and the City of Huntington Beach for
December 20, 2006 through December 19, 2008." The motion carried by the following
roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
(City Council) Approved and Authorized the Mayor and City Clerk to Execute
Professional Services Contracts With FPL and Associates, Inc. in an Amount Not
to Exceed $500,000 Over a Three -Year Period and Albert Grover and Associates in
an Amount Not to Exceed $500,000 Over a Three -Year Period for "As -Needed"
Civil Engineering Services
Communication from the Director of Public Works transmitting the following Statement
of Issue: The Public Works Department requires professional civil engineering services
on an as -needed basis to support staff for the design and construction of capital
projects. The Transportation Division has selected two qualified firms. Funding Source:
Funds are available within budgeted capital improvement projects and the department
operating budget. Additional City Council authorization will be requested for unbudgeted
capital projects if necessary.
City Administrator Culbreth-Graft introduced Director of Public Works Robert Beardsley
who provided a staff report that described which professional services are needed
to design and construct a Capital Project.
A motion was made by Green, second Hardy to 1) Approve and authorize the Mayor and
City Clerk to execute Professional Services Contract Between the City of Huntington
Beach and FPL and Associates, Inc. for As -Needed Civil Engineering Services; and 2)
Approve and authorize the Mayor and City Clerk to execute Professional Services
Contract Between the City of Huntington Beach and Albert Grover and Associates for
As -Needed Civil Engineering Services. The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
(City Council) Approved for Introduction Ordinance No. 3768 Amending
Huntington Beach Municipal Code Chapter 13.48 Relating to the Consumption and
Possession of Alcohol and Public Intoxication Within City Parks
The City Attorney is recommending that Huntington Beach Municipal Code Chapter
13.48 relating to Parks be amended as to Section 13.48.110, which regulates the
consumption and possession of open and closed alcoholic beverages as well as public
intoxication in parks within the City.
May 21, 2007 — Council/Agency Minutes — Page 15 of 19
Councilmember Bohr asked for clarification on the request. City Attorney Jennifer
McGrath clarified that enforcement of closed containers will no longer be regulated
under the Municipal Code.
A motion was made by Green, second Cook to after the City Clerk reads by title,
Approve for Introduction Ordinance No. 3768, "An Ordinance of the City of Huntington
Beach Amending Chapter 13.48 of the Huntington Beach Municipal Code Relating to the
Consumption and Possession of Alcohol and Public Intoxication Within City Parks."
The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
(City Council) Approved for Introduction Ordinance No. 3769 Amending
Huntington Beach Municipal Code Chapter 17.56.055 Regarding Enforcement of
Fire Sprinkler Requirement for Assemblies, and Schedule a Public Hearing on
June 18, 2007 for Adoption of Ordinance No. 3769
Communication submitted by the Fire Chief and the City Attorney transmitting the
following Statement of Issue: Whether to adopt an ordinance establishing a procedure
for enforcing the fire sprinkler requirements where the City erroneously issued a
certificate of occupancy permitting an assembly in a non-sprinklered structure.
A motion was made by Cook, second Green to 1) After City Clerk reads by title, Approve
Introduction of Ordinance No. 3769, "An Ordinance of the City Council of the City of
Huntington Beach Amending Municipal Code Section 17.56.055 Regarding Enforcement
of Fire Sprinkler Requirement for Assemblies" by roll call vote; and 2) Direct the City
Clerk to publish notice of a public hearing pursuant to Government Code Section 6066,
and schedule a public hearing for June 18, 2007 on adoption of the Ordinance. The
motion carried by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
(City Council) Request Submitted By Councilmember Don Hansen Approved -
Directed Staff to Prepare an Amendment to Chapter 2.07 of the Huntington Beach
Municipal Code (HBMC) Increasing Campaign Contribution Limits from $300 to
$500 per Election Cycle With the First Applicable Cycle Being the November 2006
City Council Election
Communication from Councilmember Don Hansen transmitting the following Statement
of Issue: Since the adoption of Ordinance 3220 in 1994, there have been seven
individual increases to US Postage Rates. These increases, combined with other
material costs and the growth of the Huntington Beach population, make the $300.00
campaign contribution limit a significant challenge for potential City Council candidates.
Cities such as Anaheim and Santa Ana, who are closest to Huntington Beach in
population size, have campaign contribution limits of $1000 or greater.
Councilmember Hansen discussed independent expenditures, contribution limits in other
cities, CPI and economic changes, and finding a level of common sense.
May 21, 2007 — Council/Agency Minutes — Page 16 of 19
Councilmember Green inquired about contribution limits of the 10 largest and/or
neighboring cities, and discussed regulations that apply when you are a voting member
on other boards or commissions.
Mayor Pro Tern Cook voiced opposition to corporate contributions, stating she is a
proponent of $100 contribution limits for individuals. She stated she would not
support the motion.
Councilmember Hardy explained how she was successful in 2 elections spending 1/4 of
the funds spent by top and unsuccessful candidates. She discussed inflated costs such
as stamps, and her support of raising the limits. However, she stated she would not
support revised campaign contribution limits being retroactive to the last election cycle.
Councilmember Hansen explained the processing of retiring campaign debt, whether
you were a successful candidate or not.
Councilmember Hardy asked how a candidate who ran in 2006 and has debt can
increase their collection to count in 2006, and not a possible candidacy in 2008. City
Attorney McGrath explained the contribution structure of a 4-year election cycle.
Councilmember Hardy requested that Councilmember Hansen expand study on his
request for more information on how the contribution cycle works, with different scenario
to establish clear election and contribution cycles. Councilmember Hansen explained
his understanding of the request, and agreed to consider additional analysis.
City Attorney McGrath explained her understanding that a legislative draft and analysis
be brought back to Council, with Council to clarify how far back in election cycle time
period to analyze.
Councilmember Bohr voiced concerns about the proposal, and discussed why the
current system works as written and discussed ways to raise money to exhaust debt
without adding to existing contributions. He stated he would not support the motion.
Councilmember Green asked about becoming consistent with State contribution limits,
suggesting that the limits set forth in the Municipal Code contradict other agencies. City
Attorney McGrath explained differences in power and regulation between Charter and
General Law cities. Councilmember Green asked for General Law city requirements.
City Attorney McGrath stated she would return with the requested information.
Councilmember Hansen disagreed with Councilmember Bohr's comments about a level
playing field, citing independent expenditures from Political Action Committees (PACs)
such as labor union contributions, and how candidates who do not receive that type of
endorsement must combat the expanded exposure PACs give their endorsees.
Councilmember Carchio called for consistency in accepting contributions,
discussing how the process is difficult to understand. He opined that outside candidates
have more difficulty in raising funds, and that the proposal will help them to last through
an election cycle. He stated support for the motion.
May 21, 2007 — Council/Agency Minutes — Page 17 of 19
Councilmember Bohr described Councilmember Hardy's first campaign and how she
was successful without raising significant funds. He discussed independent
expenditures and working hard to raise more donations, stating he would not
support raising contribution limits.
Mayor Pro Cook stated that she was a successful candidate who didn't have necessary
funds to combat opposition in her campaigns. She discussed the need for more quality
people to run for Council, and discouraged people from going into debt. She stated her
opinion to remove businesses out of the election process all together, and would not
support the motion.
Councilmember Green asked the City Attorney to clarify if the motion raises contribution
limits and outlines applicable cycle election cycles. City Attorney McGrath stated
she has sufficient information at present that will permit discussion on the cycle, as well
as contribution limitations. She also stated her intent to incorporate new changes in law
that may affect the legislative draft.
Councilmember Hardy inquired if the item warrants holding a study session. City
Attorney McGrath called for direction from Council. The Council declined a study
session. Councilmember Hardy asked if the Council would delay action on the item until
sometime in July. Council confirmed by consensus.
Mayor Coerper discussed contribution limits in outside agencies such as the Ocean
View School District. He clarified that the request will come back to Council in July, and
stated support for the motion.
A motion was made by Hansen, second Green to propose that the contribution limit be
amended to $500.00 per election cycle with the first applicable cycle being the
November 2006 City Council Election, and that staff prepare such amendments as
necessary to be delivered for City Council consideration by June 18, 2007. Hansen later
amended motion and the second agreed recommending that the City Attorney provide
detailed guidelines and clearly establish how to distinguish the election/contribution cycle
prior to adopting an ordinance to raise limits, and move the item to July, date to be
determined. The amended motion carried by the following roll call vote:
AYES: Carchio, Coerper, Green, Hansen, and Hardy
NOES: Bohr, and Cook
(City Council) Submitted and Withdrawn By Councilmember Joe Carchio -
Request City Council to Reconsider Terms on Two Professional Services
Contracts for "As -Needed" Economic Development Consulting Services Approved
at the May 7, 2007 City Council Meeting; and, Request Staff to Present an Annual
Report to Council on the Accomplishments and Costs of the Contract
Communication from Councilmember Joe Carchio transmitting the following Statement
of Issue: Although I remain fully in support of the action, I would like to propose that we
reconsider our motion at the May 7, 2007, City Council Meeting regarding the hiring of
two consultant firms for Economic Development.
1. Both firms are granted a one-year contract with two, one-year options; and
May 21, 2007 — Council/Agency Minutes — Page 18 of 19
2. In both cases, staff is asked to present a report to Council on what was
accomplished the previous year, how much was spent, and minute action to review
the contract.
Councilmember Carchio explained his request for Council to reconsider two Professional
Services Contracts formally approved on May 7, 2007. He voiced concerns about
funding a large scale project without requiring any follow-up reporting or oversight,
requesting staff be obligated to report back annually on contract progress and status,
including accomplishments, funds spent and funds remaining.
Councilmember Green asked Councilmember Carchio to clarify the intent of his motion,
and if it included Recommended Action #1. City Administrator Culbreth-Graft explained
that the request must only involve a vote of reconsideration, and that anything beyond
that must be published and returned to the Council as an action item. She further
explained that changing contract conditions previously approved by Council would be
considered a Brown Act item for return.
Councilmember Green asked if the Council could allow the contract to stay in place, and
simply request that staff provide an annual status report. City Administrator Culbreth-
Graft confirmed that staff could provide an annual report, if so desired by the Council.
Councilmember Green commented that multi -year contracts don't always communicate
project status, and stated her support for receiving an annual report on the item.
Councilmember Carchio withdrew his request for action on the item.
Council Comments — Non Agendized
Councilmember Carchio reported on attending a Chamber of Commerce ribbon cutting
ceremony at the El Pollo Loco, the second annual 3/1 Golf Tournament held at Camp
Pendleton, the League of California Cities Breakfast with Assemblymember Jim Silva,
his participation in the EMS Week Fire Safety Day, the Duck-A-Thon Wine Tasting event
on May 18, and the Main Event on May 20. He concluded his comments by expressing
disturbance for reports of a hate crime that occurred within the City.
Councilmember Hansen reporting on attending two full days at the Duck-A-Thon
event held May 18-20 to benefit Community Health Care Centers, and gave thanks to
the committee.
Mayor Coerper thanked Councilmember Hardy for attending the Children's Needs Task
Force Youth and Character recognition ceremony, and reported on attending
the Oakview Youth Center open house, giving thanks to the community service groups
in attendance and the services they provide. He also extended thanks to the City
Council and staff, Police, Fire, and Marine Safety for a superb job.
May 21, 2007 — Council/Agency Minutes — Page 19 of 19
Adjournment - City Council/Redevelopment
Mayor Coerper adjourned the regular meetings of the City Council/Redevelopment
Agency of the City of Huntington Beach at 9:05 p.m. to Monday, June 4, 2007 at 4:00
p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
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