HomeMy WebLinkAbout2007-09-17Minutes
Study Session
City Council/Redevelopment Agency
City of Huntington Beach
Monday, September 17, 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 on file in the Office of the City Clerk and are archived at
www.surfcity-hb.org.
Call to Order
Mayor Coerper called the regular meeting of the City Council/Redevelopment Agency of
the City of Huntington Beach to order at 4:06 p.m., in Room B-8 of the Huntington Beach
Civic Center.
Present: Bohr, Carchio, Coerper, Green, Hansen, and Hardy.
Absent: Cook.
Mayor Coerper announced a Notice of Absence received from. Mayor Pro Tern Debbie
Cook. Pursuant to City Council Resolution No. 2001-54, the City Council granted
permission for Mayor Pro Tern Cook to be absent.
Councilmember Hardy arrived at 4:09 p.m.
City Clerk Joan Flynn Announced Late Communications
Communication submitted by Jim, editor@highwayrobbery.net, dated September 16,
2007, titled Automated Red Light Camera Systems, facsimile to the Council pertaining to
Study Session item #1.
Communication submitted by Steve Stafford, undated and untitled, a memorandum to
Council pertaining to the Automated Red Light Camera Systems, Study Session item
#1.
Communication submitted by Public Works Department, dated September 17, 2007,
titled Water and Sewer Rate Adjustments in Accordance with Proposition , 218,
PowerPoint report pertaining to Study Session item #2.
Public Comments
Norm Westwell spoke in opposition to the Automated Red Light Camera Systems,
Study Session item #1, stating his opinion that this program is intrusive and will drive
people away from visiting our city. It is his opinion that motorists will avoid Beach
September 17, 2007 — Council/Agency Minutes — Page 2 of 25
Boulevard if the program is implemented and businesses and car dealerships along
Beach Boulevard will suffer due to the decline in vehicular traffic. He noted that an
increase in rear -end collisions have been reported in other cities that have the
automated red light program.
(City Council/Redevelopment Agency) Study Session #1 Held — Presentation on
Technology and Related Costs of Automated Red Light Camera Systems
Chief of Police Ken Small introduced Police Captain Chuck Thomas who gave a
PowerPoint report titled, Automated Red Light Camera Systems, which
included information on the program background, system technology, how the cameras
work, still photos of front and rear views of vehicles in intersection, rear plate and face of
driver, process flow, legal issues, 2006 statistics, costs, revenue, and aesthetics of the
program.
Captain Thomas stated that the Police Department views the proposed program as a
means to improve traffic safety in the City. In 2006, Huntington Beach reported 5.2% of
collisions were attributed to running red lights. Program studies of Orange County cities
show an overall reduction in red light running and a decrease in violations and collisions
at intersections with cameras. He thanked Police Sergeant Steve Bushhousen and
Transportation Manager Bob Stachelski for providing research and statistics and for the
comprehensive presentation.
Discussion ensued amongst Council and staff related to the identification of intersections
to be selected for the program, the percentage of tickets that would not be cited due to
camera malfunction and/or "fuzzy" photos, the process to evaluate the program at the
end of the first year, the potential for an inclusion of a cancellation clause in the contract,
and the evaluation opportunities to assess the program's effectiveness. Chief Small
reiterated that the Police Department's desire to implement this program is solely based
upon the opportunity to save lives by improving traffic safety. It is anticipated that
two non -sworn, civilian positions would need to be added to operate the program.
Mayor Coerper polled Council to seek consensus to direct staff to bring back a
proposal Council consideration on the Automated Red Light Program. Straw votes of
affirmation by all Councilmembers present were taken (Mayor Pro Tern Cook absent).
(City Council/Redevelopment Agency) Study Session #2 Held — Water and Sewer
Rate Modification and Majority Protest Procedure.
Dave Webb, Acting Director of Public Works, Operations gave a PowerPoint report titled
Water and Sewer Rate Adjustments in Accordance with Proposition 218, which
highlighted the enhanced sewer service program, the sewer laterals, water and sewer
rates past practice, new rates based upon the established methods, the water master
plan surcharge, and sewer service fee, majority protest procedure and the proposed
schedule for implementation.
Acting Director Webb summarized the new rates for water to include commodity rate
decreases, water master plan surcharge decreases and water meter fee increases.
New rates for sewer will include a service fee increase. On average, a single-
family household is anticipated to have a .89-cent decrease in monthly bill.
September 17, 2007 - Council/Agency Minutes - Page 3 of 25
Council discussion ensued regarding future use of enterprise funds, questions pertaining
to private property issues, pre -qualification of lateral line repair vendors, and
commercial, industrial and residential sites as they relate to public laterals.
Mayor Coerper polled the Council to determine interest in pursing the proposed Water
and Sewer Rate Modification Program. Straw votes of affirmation by all
Councilmembers present were taken. (Mayor Pro Tern Cook absent).
Recess to Closed Session of City Council/Redevelopment Agency — 6:15 p.m.
Motion by Green, second Bohr to recess to Closed Session on the following items. The
motion carried by consensus of all present, Mayor Pro Tern Cook absent.
(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: M.M.R. Family LLC, et al. v. City of Huntington Beach; Orange County
Superior Court Case No. 06CC07095. This suit challenges the validity of City Ordinance
No. 3689, which established minimum relocation benefits in case of a mobile home park
closure.
(City Council) Closed Session - Pursuant to Government Code Section 54957.6, the
Council shall recess to Closed Session to meet with its designated labor negotiators:
Penelope Culbreth-Graft, City Administrator; Bob Hall, Deputy City Administrator;
Michele Carr, Director of Human Resources; Dan Villella, Finance Director; and Renee
Mayne, Chief Negotiator, regarding labor negotiations with MEO, MEA, HBFA, and Non -
Associated.
Reconvene City Council/Redevelopment Agency Meeting — 6:18 p.m.
City Attorney Jennifer McGrath Reported the Following Action Taken in Closed
Session Pursuant to Government Code Section 54957.1(a) (3) (B). In the case of
M.M.R. Family LLC, et al. v. the City of Huntington Beach, Orange County Superior
Court Case No. 06CC07095, the Council took a vote of 5-1-1 (Hardy no, Cook absent) to
authorize the City Administrator to execute a tolling agreement between the plaintiffs and
the City of Huntington Beach, which will permit the City to continue good -faith
negotiations but not to continue litigating the case at this time.
City Council/Redevelopment Agency Roll Call
Present: Bohr, Carchio, Coerper, Green, Hansen, and Hardy.
Absent: Cook.
Mayor Coerper announced a Notice of Absence received from Mayor Pro Tern Debbie
Cook. Pursuant to City Council Resolution No. 2001-54, the City Council granted
permission for Mayor Pro Tem Cook to be absent.
Pledge of Allegiance/Flag Salute - Led by Councilmember Joe Carchio
Invocation - Led by Peggy Price of The Greater Huntington Beach Interfaith Council
September 17, 2007 — Council/Agency Minutes — Page 4 of 25
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Flynn announced the following
Late Communications regarding agenda items that have been received by the City
Clerk's Office following distribution of the agenda packet.
Mayor Coerper, Mayor Pro Tem Cook and Councilmembers Bohr, Carchio, Green,
Hansen and Hardy submitted reports pursuant to AB 1234.
Communication submitted by Tami Bui, Region Manager, Local Public Affairs for
Southern California Edison, dated September 17, 2007, untitled, a letter pertaining to
agenda item D-2, Zoning Text Amendment No. 06-08, Wireless Communication
Facilities.
Communication submitted by Sarah Burbidge of MacKenzie & Albritton, LLP dated
September 17, 2007, titled Agenda Item D-2, Wireless Code Amendments.
Communication submitted by Travis K. Hopkins, Acting Director of Public Works,
Engineering, dated September 17, 2007 requesting communications from the Sea Isle
Garden Club and Friends of Huntington Harbour, Inc., Committee of 1,000 be included
with Agenda Item H-1 a.
Communication submitted by Dorothy Ralphs, dated September 16, 2007 and titled
Edinger Avenue Project.
Communication submitted by Dorothy Ralphs, dated September 17, 2007 and titled H-1a
Edinger Parkway Landscape.
City Administrator's Report - None
City Administrator Penelope Culbreth-Graft asked Fire Chief Duane Olson for a brief
update on the Big Bear Fire, and Chief Olson reported two fires currently uncontained in
the cities of Big Bear and Julian. Chief Olson indicated that there were no firefighter
injuries reported, and once the Big Bear fire is contained, it is likely that our firefighters
will report to Julian.
The Following Communications Were Submitted During the Meeting
Communication submitted by Brian Rechsteiner, President of Huntington Beach City
School District - Board of Trustees, dated September 13, 2007, a letter to Honorable
Mayor and City Council Members pertaining to four school sites currently not used for
public schools.
Communication submitted by Robert Jystad, Counsel for AT&T, dated September 17,
2007, a letter to the City Council pertaining to Agenda item D-2, proposed Amendment
to Zoning and Municipal Codes re: Wireless Communication Facilities.
September 17, 2007 — Council/Agency Minutes — Page 5 of 25
Presentation — National Hispanic Heritage Month
Mayor Coerper called on Alan Chancellor, Chairman of the Huntington Beach Human
Relations Task Force to announce September 15 — October 15 as National Hispanic
Heritage Month. Mr. Chancellor introduced Task Force Member Rosa Arredondo who
gave an overview of honoree, Erik Faraldo. Mr. Faraldo, in conjunction with Community
Technology Partnership (CTP), was instrumental in creating a partnership dedicated to
mitigating the digital divide gap among children of low-income parents by providing
computers to school children, churches, halfway homes, and women's shelters. Mayor
Coerper read from the Proclamation and thanked Mr. Faraldo for his fine work.
Presentation — Time Warner Cable National Teacher Award
Mayor Coerper called on John Borack, Director of Governmental Affairs with Time
Warner, to introduce Time Warner Cable's National Teacher Award Winner and
Huntington Beach resident Leslie Flores. Ms. Flores is a third -time recipient of this
prestigious award and Mr. Borack described her contributions to her 4th grade
students. Mayor Coerper read from the Proclamation and thanked Ms. Flores for the
programs she has developed. Ms. Flores thanked the Mayor, Council and Time Warner
Cable for the award and recognition.
Mayor's Award — Sergeant Les Robinson
Mayor Coerper announced this month's Mayor's Award to be presented to Sergeant Les
Robinson. Mayor Coerper called on Chief of Police Ken Small who introduced Sergeant
Robinson and described his many achievements over his 35-year tenure in Law
Enforcement. Sergeant Robinson thanked the Council for their support and, in
particular, Chief Small for his fine leadership and dedication to the Police Department.
Public Comments
(The numbers following speakers' comments reflect the approximate point in time in the
archived video the speaker appears at http://www.surfcity-hb.org/Government/Agendas/)
Ann Baker, real estate agent in South Huntington Beach, voiced compassion for the
recent fatal accident of 14-year old Huntington Beach student, Danny Oates. She
voiced support of traffic lights, stop signs, and/or speed bumps to be installed to deter
the speeding motorists at Indianapolis Avenue and Bushard Street near Sowers School.
(24:23)
Brian Rechsteiner, President of Huntington Beach City School District - Board of
Trustees, referred to a letter he presented at tonight's meeting pertaining to four
school sites (Gisler, Kettler, Burke and LeBard), currently not in use. In an effort to
determine the highest and best use for these properties, he indicated that a Request for
Proposal (RFP) was distributed to the community for lease, purchase, or trade at these
sites. (27:05)
Elaine Marshall spoke in opposition to mandatory spay, neuter and microchipping
program for dogs and cats. It is her opinion that responsible pet owners already spay
and neuter their pets and she does not believe it is government's place to govern the
rights of private citizens who own pets. (28:59)
September 17, 2007 — Council/Agency Minutes — Page 6 of 25
Chris MacDonald spoke in support of the continuation of Surf City Nights on Tuesdays
in the downtown area. (31:00)
Tom Black, owner -operator of Crabby's Boat House in downtown Huntington Beach,
spoke in support of Surf City Nights on Tuesdays in the downtown area, stating that its
family atmosphere serves as a real benefit to the community. (31:55)
Dorothy Ralphs, representing the Sea Isle Garden Club, thanked Council for its past
support of the street improvements on Edinger Avenue. She spoke in support of the
City's proposed allocation of funds ($122,000) committed to the Edinger Parkway
Landscape Improvement Project. She asked for clarification of a potential contingency
plan in the event that the City is not successful in obtaining the grant funds for which it
has applied. (32:58)
Garry Guzzeta, a concerned parent, member of the community and participant in local
sports activities, voiced compassion for the recent fatal accident of 14-year old
Huntington Beach student, Danny Oates. He described the fear felt by himself and his
family while walking or biking near Sowers Middle School. He stated that motorists are
traveling in an excessive speed in this area, and offered options to implement in an effort
to slow down the cars. (35:39)
Chip Rowland, business owner on 5th Street, spoke in support of Surf City Nights
stating that the event has helped his downtown business, and that it contributes towards
the City's positive notoriety throughout the County. (38:47)
Ron Bazer, Huntington Beach resident, Little League Coach and parent, voiced concern
pertaining to speeding motorists near Sowers Middle School at Bushard Street
and Indianapolis Avenue. He reported that within one week after the fatal accident of
14-year old Danny Oates, there have been seven speeding tickets issued. He
requested traffic flow analysis be conducted and a device installed to deter speeding.
He thanked Councilmember Hansen for his support and involvement in conducting a
community forum meeting last Friday evening. (40:54)
Chris Wakefield urged Council to address the speeding motorists on the streets near
Sowers School, stating that in addition to the recent fatal accident of Danny
Oates, another accident occurred earlier today at the same site.
Councilmember Hansen mentioned the community forum meeting previously held last
Friday night, September 14, 2007, and that data from the meeting was collected. He
reiterated Council's concern and assured speakers that their voices will be heard. He
asked Council and staff their desire to schedule this matter for a future Study Session for
further discussion. (43:45)
Karen Taylor Riggs, representing Huntington Beach Impeach, spoke in support of a
resolution to impeach President George W. Bush and Vice -President Dick Cheney, and
urged Council to place a resolution on a future City Council agenda.
Councilmember Hansen polled Council for its interest in placing a resolution on a future
City Council agenda for discussion, and Councilmembers unanimously responded
negatively. (46:29)
September 17, 2007 — Council/Agency Minutes — Page 7 of 25
Aaron Pai, owner of Huntington Surf and Sport, thanked the Council, Steve
Daniel, President of the Downtown Business Improvement District (BID), Connie
Pedenko, Executive Director of the Downtown BID, and Stanley Smalewitz, Director of
Economic Development, for their support and dedication to the Suit' City Nights event.
Mayor Coerper thanked Mr. Pai for his generosity and years of support given to the
downtown area. (50:43)
Susan Kopicki spoke in support of a resolution to impeach President George W. Bush
and Vice -President Dick Cheney, stating her opinion that this administration has
forbidden government scientists from reporting the truth on global warming and climate
change. (52:50)
Pat McCully, Huntington Beach teacher of 20 years, spoke in support of a resolution to
impeach President George W. Bush and Vice -President Dick Cheney, stating her
opinion that this administration has denounced the Geneva Conventions, and voiced her
opposition to the war in Iraq. (53:29)
Laura Sweet, State Peace Officer and Huntington Beach resident, spoke in support of a
resolution to impeach George W. Bush and Vice -President Dick Cheney, stating
her opposition to this administration's alleged treasonous leaking of the identity of a CIA
agent working to keep weapons of mass destruction out of the hands of our enemies.
(55:07)
Allan Beek spoke in support of a resolution to impeach President George W. Bush and
Vice -President Dick Cheney, and stated his opposition to the President's pardon of
Lewis Scooter Libby, former Chief of Staff and assistant for National Security Affairs to
Vice -President Dick Cheney. (55:43)
Vern Nelson, representing Huntington Beach Impeach, spoke in support of a resolution
to impeach President George W. Bush and Vice -President Dick Cheney. (57:06)
Michael Music, 41-year Huntington Beach resident, spoke in support of a resolution to
impeach President George W. Bush and Vice -President Dick Cheney. (57:54)
Kathryn Lui voiced compassion for the fatal accident of Huntington Beach student
Danny Oates. She also spoke in opposition to a mandatory spay, neuter and microchip
program for dogs and cats, and stated her opinion that the program should not be
implemented as an "administrative issue," but rather by a vote of the people.
Councilmember Hardy clarified the phrase "administrative items," as posted on the
Council agendas for public discussion. (58:20)
Dean Inada spoke in support of a resolution to impeach President George W. Bush and
Vice -President Dick Cheney, due to Administration's alleged suspension of the Writ
of Habeas Corpus. (1:03:02)
Robert Terrill, 25-year resident, spoke in support of a resolution to impeach President
George W. Bush and Vice -President Dick Cheney for reasons of defiance of
the Freedom of Information Act. (1:03:40)
September 17, 2007 - Council/Agency Minutes - Page 8 of 25
Tom Lash spoke in support of a resolution to impeach President George W. Bush and
Vice -President Dick Cheney and asked Council why they decided not to place a
proposed resolution on a future Council agenda.
Councilmember Bohr acknowledged all public speakers' First Amendment rights to
address the Council; however, he stated that the House of Representatives would be the
legislative body to contact regarding impeachment issues and he identified U.S.
Congressman Dana Rohrbacher as our local representative. (1:04:42)
Louise Stewardson, long-time resident of Huntington Beach and registered
nurse, spoke in support of a resolution to impeach President George W. Bush and Vice -
President Dick Cheney, indicating her opinion that since the federal government will not
support an impeachment movement, she is asking the City to do so. (1:08:02)
Joe Tyndall spoke in support of a resolution to impeach President George W. Bush and
Vice -President Dick Cheney, stating his opinion that President Bush fought the creation
of a 9/11 Commission and what he believes shows a lack of cooperation and non -
responsiveness to the discovery issues of September 11, 2001. (1:08:56)
Mika Mitchell voiced concern pertaining to speeding motorists near the Sowers
School site. She attended the community forum meeting facilitated by
Councilmember Hansen on Friday, September 14, and discussed the information she
learned at the meeting. She encouraged Council to work with the community to develop
a solution to address this ongoing matter. (1:09:52)
Sarah Kooiman, native of Huntington Beach and mother, voiced her concern regarding
the ongoing traffic issues and the potential for continued accidents in our city caused
by motorists who are repeatedly speeding and racing on Indianapolis Avenue. (1:12:24)
Jeff Merrick, Huntington Beach resident and veteran, supports a resolution to impeach
President George W. Bush and Vice -President Dick Cheney, stating his opinion that the
current Administration has disgraced our military, and urged the Council to place this
item on a future Council agenda. (1:14:26)
Richard Reinbolt, retired English teacher and War veteran, spoke in support of a
resolution to impeach President George W. Bush and Vice -President Dick Cheney,
stating his opposition to the war in Iraq and for which it has caused soldiers to have lost
their lives. (01:15:26)
Sarah Fulton, employee of The Electric Chair store on Main Street, spoke in support of
Surf City Nights and the additional business it generates for their store on Tuesday
nights. (1:17:45)
Mary Jo Camargo, long-time resident of Huntington Beach, spoke in support of a
resolution to impeach President George W. Bush and Vice -President Dick
Cheney, stating her opinion of the President's disrespect for The Constitution of the
United States. (1:18:21)
September 17, 2007 — Council/Agency Minutes — Page 9 of 25
Victor Camargo spoke in support of a resolution to impeach President George W. Bush
and Vice -President Dick Cheney, also stating his opinion that the President does not
defend The Constitution of the United States, and he urged Council to place this item on
a future Council agenda. (1:19:16)
Marcel Cozza, 20-year resident of Huntington Beach, voiced concerns about the
speeding traffic and irresponsible motorists on Indianapolis near Sowers School, and
referenced an accident that occurred earlier today at the same location. (1:20:52)
Kari Cozza voiced compassion for the tragic fatal accident involving 14-year old student,
Danny Oates. She requested that another community meeting be held at Edison
Community Center and thanked Councilmember Hansen for his support, time and
involvement. She mentioned the high volume of speeding cars and the accident that
occurred at the school site earlier today. She requested the City post large speed signs
of 25 m.p.h. at the intersection of Bushard Street and Indianapolis Avenue.
Councilmember Carchio asked Ms. Cozza whether she and two previous speakers
who expressed interest in conducting another meeting would be willing to spearhead a
community effort via a committee to include staff, community members,
and Councilmember(s) to address this matter. Ms. Cozza responded affirmatively.
(1:21:52)
Pat Alviso, 15-year resident in Huntington Beach and her son who is a career
Marine, spoke in support of a resolution to impeach President George W. Bush and
Vice -President Dick Cheney, stating her opinion that the President has not attended the
funeral of a single fallen soldier of war, and she expressed her disagreement with the
President's alleged policy that no photographs of coffins returning from Iraq be allowed
to be seen by the public. (01:26:05)
Marjorie Niland, a member of the 67th assembly alliance, long-time resident of
Huntington Beach and teacher, supports a resolution to impeach President George W.
Bush and Vice -President Dick Cheney, stating her opinion that the President did not
leave his frequent vacations in a timely manner in response to his calls for duty related
to the war in Iraq. She also expressed her opinion of the President's misuse of
executive power. (1:27:48)
Lynda Hernandez, 29-year resident of Huntington Beach and small business
owner, spoke in support of a resolution to impeach President George W. Bush and Vice -
President Dick Cheney and stated her opinion that supporting this resolution defends
The Constitution of the United States and fundamental rights. She urged the Council to
place a resolution on an upcoming Council Agenda and to join her and other
municipalities to hold the current Administration accountable. (1:30:55)
Lee Love, President of a Huntington Beach human resources consultant firm at 4th and
Main streets in Huntington Beach, thanked the City Council for its support of the
collaboration efforts of the Downtown Business Improvement District and the successful
Surf City Nights on Tuesdays. (1:34:08)
September 17, 2007 — Council/Agency Minutes — Page 10 of 25
Dennis Berman, 5-year resident of Huntington Beach, spoke in support of a resolution
to impeach President George W. Bush and Vice -President Dick Cheney, stating his
opinion that our troops do not have the proper body armor to fight the war in Iraq.
(1:35:25)
Sue Berman, resident of Huntington Beach, supports a resolution to impeach President
George W. Bush and Vice -President Dick Cheney, stating her opinion that the war in
Iraq is not a partisan issue and she expressed sympathy for everyone who has lost a
love one in the War that she believes is unjust. (1:37:50)
Cara Jones, 17-year resident and parent, voiced concerns about the speeding traffic at
Bushard Street and Indianapolis Avenue and spoke in defense of children's' safety who
attend the adjacent public and private schools. She mentioned the various options that
are available to deter the motorists from exceeding the speed laws and her availability to
serve on a committee, if formed. (1:39:02)
Clark Casler spoke in support of a resolution to impeach President George W. Bush
and Vice President Dick Cheney, stating his opinion that the President has appointed to
ambassador positions individuals who are not qualified. (1:41:00)
Noor Aljawad, resident and student in Lake Forest, California, spoke in support of a
resolution to impeach President George W. Bush and Vice -President Dick Cheney, and
stated her opinion of an excessive budget spent on the war in Iraq. (1:43:59)
Sharon Tipton, presented a display board titled, The United States Constitution, and
voiced her support of a resolution to impeach President George W. Bush and Vice -
President Dick Cheney, and her concerns about the lack of healthcare funding and the
privatization of care for returning soldiers. She thanked Council for its recent action
to support a resolution for mandatory healthcare for Veterans. (1:44:55)
Teddi Alves, spoke in opposition to a mandatory spay, neuter and microchipping
program for dogs and cats, stating her opinion that the program is a violation of civil
rights. She voiced support of a resolution to impeach President George W. Bush and
Vice -President Dick Cheney. She also stated her opinion that the City has a "non -open"
process for notification of City Council meetings; specifically, as it related to the
mandatory spay and neuter program.
Councilmember Hardy asked City Clerk Flynn when her office makes City Council
agendas available to the public. City Clerk Flynn responded that City Council agendas
are made available to the public no later than Thursday afternoons prior to meetings on
Monday, adding that agendas are posted on the City's website, disseminated by email
notifications to a mass distribution list and hard copies are available in the City Clerk's
Office and posted at City Hall at that time. It was noted that the legal requirement for
posting City Council meeting agendas is 72 hours prior to the meeting and the City posts
well before that time. (1:46:48)
September 17, 2007 — Council/Agency Minutes — Page 11 of 25
(City Council) AB 1234 Disclosure Reporting
Councilmember Green announced that she and Mayor Coerper attended the League of
California Cities General Meeting and spoke of the re-election of Mayor Coerper as a
League of Cities representative. She also announced her re-election to another term on
the Orange County Transportation Authority.
Mayor Coerper, Mayor Pro Tern Cook and Councilmembers Bohr, Carchio, Green,
Hansen and Hardy submitted reports pursuant to AB 1234.
City Treasurer Shari L. Freidenrich and City Clerk Joan L. Flynn submitted reports
pursuant to AB 1234.
(City Council) Mayor Coerper's City Council Liaison Report on the Council on
Aging Strategic Plan
Communication from Mayor Gil Coerper on behalf of City Councilmembers Cathy Green
and Keith Bohr, Liaisons to the Council on Aging transmitting the following:
Statement of Issue: In accordance with the Memorandum of Understanding between
the City of Huntington Beach and the Council On Aging (COA), I would like to invite the
COA President, Ms. Cathy Meschuk, to update the City Council on the COA 2007
through 2012 Strategic Plan.
Mayor Coerper called on Council on Aging President, Cathy Meschuk to provide Council
with an update on the Council on Aging 2007 through 2012 Strategic Plan. Ms.
Meschuk gave a PowerPoint report titled, Huntington Beach Council on Aging Strategic
Plan, which highlighted 2005/06 Goals and Achievements, the Strategic Planning
Hierarchy, Goals for 2007-2012, and Vision and Mission Statements. Ms. Meschuk
presented a check to the City in the amount of $21,000 to fund a part-time social worker
position.
(City Council) Approved Recommendation by Mayor Coerper of the Appointment
of Councilmember Keith Bohr to Replace Councilmember Jill Hardy on the
Economic Development Committee (EDC) and the Economic Development
Committee Re: Downtown Issues
Communication from Mayor Gil Coerper transmitting the following:
Statement of Issue: Due to scheduling conflicts, City Councilmember Jill Hardy will no
longer be available to attend Economic Development Committee Meetings and
Economic Development Committee - re: Downtown issues Meetings.
Councilmember Carchio announced for the record that he would abstain from voting
on this item since he owns a business in the downtown area.
A motion was made by Green, second Hansen to appoint City Councilmember Keith
Bohr as Council Liaison to the Economic Development Committee and Economic
Development Committee - re: Downtown Issues. The motion carried by the following
roll call vote:
September 17, 2007 - Council/Agency Minutes - Page 12 of 25
AYES:
Bohr, Coerper, Green, Hansen, and Hardy
NOES:
None
ABSTAIN:
Carchio
ABSENT:
Cook
City Administrator's Report
City Administrator Penelope Culbreth-Graft asked Fire Chief Duane Olson for a brief
update on the Big Bear Fire, and Chief Olson reported two fires currently uncontained in
the cities of Big Bear and Julian. Chief Olson indicated that there were no firefighter
injuries reported, and once the Big Bear fire is contained, it is likely that our firefighters
will report to Julian.
City Treasurer's Report
City Treasurer Shari Freidenrich announced that September 24 - 29 is "Dollar Wise
Week," a program sponsored by the United States Conference of Mayor's Council. This
year's theme is "Saving for Kids and Families," intended to bring awareness to the need
for better financial literacy in our nation's cities.
(City Council) Reviewed and Accepted Shari L. Freidenrich, City Treasurer's July
2007 Investment Summary Report Titled City of Huntington Beach Summary of
City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
July 2007
City Treasurer Shari L. Freidenrich gave a PowerPoint report, titled The Monthly
Investment Report and Summary of Investments for July 2007, which was included in
the Agenda Packet.
A motion was made by Green, second Bohr to review and accept the Monthly Investment
Report. Following review of the report, by motion of Council, accept the Monthly
Investment Report entitled Summary of Investment Portfolio, Bond Proceeds, and
Deferred Compensation Activity for July 2007, pursuant to Section 17.0 of the Investment
Policy of the City of Huntington Beach. PowerPoint presentation titled July Treasurer's
Report is included in the agenda packet. The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Bohr, Green, Hansen, and Hardy
NOES: None
ABSENT: Cook
(City Council/Redevelopment Agency) Public Hearing Held -Approved the
Second Implementation Agreement to the Owner Participation Agreement (OPA)
Between the Redevelopment Agency of the City of Huntington Beach and Bella
Terra Associates, LLC; Adopted Agency Resolution No. 368 and City Council
Resolution No. 2007-37 Continued from the 6/18/07 and 712/07 meetings
Mayor Coerper announced that this was the time noticed for a public hearing to consider
the following: MODIFICATION TO THE EXECUTED OWNER PARTICIPATION
AGREEMENT FOR THE BELLA TERRA RETAIL CENTER FORMERLY KNOWN AS
HUNTINGTON CENTER.
September 17, 2007 — Council/Agency Minutes — Page 13 of 25
Communication from the Director of Economic Development/Deputy Executive Director
transmitting the following
Statement of Issue: The City Council of the City of Huntington Beach ("City") and the
Redevelopment Agency of the City of Huntington Beach ("Agency") will conduct a joint
public hearing on September 17, 2007 at 6:00 p.m., or as soon thereafter as the matter
may be heard, in the Council Chambers, 2000 Main Street Huntington Beach, California
92648, pursuant to the California Community Redevelopment Law (Health and Safety
Code Section 33000 et seq.), for the purpose of considering the modification to the
executed Owner Participation Agreement for the Bella Terra retail center formerly known
as Huntington Center. The proposed Second Implementation Agreement to the Owner
Participation Agreement modifies the repayment structure for certain public
improvements that were installed and constructed by the developer of the project. A
summary containing the following information is available for public inspection and
copying during regular office hours at the offices of the City Clerk at 2000 Main. Street
Huntington Beach, California 92648.
1) An identification of the proposed modifications to the executed Owner Participation
Agreement;
2) Estimates of the amount of tax increment proposed to be used to pay for the
installation and construction of the identified public improvements; and
3) The redevelopment purpose for which tax increment is being used to pay for the
installation and construction.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published
and posted.
Economic Development Director Stanley Smalewitz gave a brief overview of the project
and called on Kathe Head, Principal, Keyser Marston Associates, to give a PowerPoint
report to identify proposed changes to the Owner Participation Agreement (OPA)
between the Redevelopment Agency of the City of Huntington Beach and Bella Terra
Associates, LLC.
Mayor Coerper declared the public hearing open.
City Clerk Flynn announced no late communications or public speakers pertaining to this
public hearing.
There being no persons present to speak on the matter and there being no protests files,
either written or oral, the Mayor declared the public hearing closed.
A motion was made by Bohr, second Hardy to adopt 1) Agency Resolution No. 368, "A
Resolution of the Redevelopment Agency of the City of Huntington Beach, California,
Approving and Making Certain Findings Pursuant to Health and Safety Code Section
33433 for a Second Implementation Agreement to Owner Participation Agreement
Between the Redevelopment Agency of the City of Huntington Beach and Bella Terra
Associates," and 2) Approve the Second Implementation Agreement to Owner
Participation Agreement By and Between the Redevelopment Agency of the City of
Huntington Beach and Bella Terra Associates, LLC, and authorize the Agency Chairman
September 17, 2007 — Council/Agency Minutes — Page 14 of 25
and Agency Clerk to execute the agreement.' City Council Recommended Action, and
3) Adopt City Resolution No. 2007-37, "A Resolution of the City Council of the City of
Huntington Beach, California, Approving and Making Certain Findings Pursuant to
Health and Safety Code Section 33433 for a Second Implementation Agreement to
Owner Participation Agreement Between the Redevelopment Agency of the City of
Huntington Beach and Bella Terra Associates." The motion carried by the following roll
call vote:
AYES. Carchio, Coerper, Bohr, Green, Hansen, and Hardy
NOES: None
ABSENT: Cook
(City Council) Public Hearing Held - Adopted Zoning Text Amendment (ZTA) 06-08
for Wireless Communication Facilities; Approved for Introduction Ordinance No.
3779 Amending Chapter 230.96 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) Titled Wireless Communications Facilities as Recommended
by the Planning Commission and City Staff; Approved for Introduction Ordinance
No. 3780 Amending Chapter 12.13 of the Huntington Beach Municipal Code
(HBMC) Relating to Street Work Generally; Approved for Introduction Ordinance
No. 3781 Amending Chapter 12.38 of the Huntington Beach Municipal Code
(HBMC) Relating to Encroachments; Approved for Introduction Ordinance No.
3782 Amending Chapter 12.48 of the Huntington Beach Municipal Code (HBMC)
Relating to Wireless Digital Communications Radio Networks; and, Approved for
Introduction Ordinance No. 3783 Amending Chapter 17.64 of the Huntington
Beach Municipal Code (HBMC) Relating to Undergrounding of Utilities (Continued
open from the 9/04107 meeting).
Mayor Coerper announced that this was the time noticed for a public hearing to consider
the following: ZONING TEXT AMENDMENT NO. 06-008 (WIRELESS
COMMUNICATION FACILITIES)
Communication from the Director of Planning, the Acting Director of Public
Works/Engineering and the City Attorney transmitting the following:
Statement of Issue: Notice is hereby given that on Monday, September 17, 2007, at
6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City
Council will hold a public hearing on the following Planning and zoning items:
ZONING TEXT AMENDMENT NO. 06-008 (WIRELESS COMMUNICATION
FACILITIES)
Applicant: City of Huntington Beach
Request: To amend Chapter 230 of the Zoning and Subdivision Ordinance and
Chapters 12 and 17 of the Huntington Beach Municipal Code as they pertain to wireless
facilities.
Location: Citywide
Project Planner: Rosemary Medel
September 17, 2007 - Council/Agency Minutes - Page 15 of 25
NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions
of the California Environmental Quality Act
NOTICE IS HEREBY GIVEN that Item No. 1 will require a Local Coastal Program
Amendment certified by the California Coastal Commission.
ON FILE: A copy of the proposed request is on file in the Planning Department, 2000
Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of
the staff report will be available to interested parties at the City Clerk's Office on August
30, 2007 (Thursday before meeting).
"PowerPoint presentation titled Zoning Text Amendment No. 06-08 and Amendments to
HBMC Chapters 12 and 17 is included in the agenda packet.
Planning Director Scott Hess called on Associate Planner Rosemary Medel who gave a
PowerPoint report that outlined the background, analysis, and recommendation pertaining
to Wireless Communication Facilities.
Councilmember Hansen referred to the Late Communication received from Verizon and
asked City Attorney Jennifer McGrath to comment on the communication. Attorney
McGrath clarified the material for Council.
Mayor Coerper declared the public hearing open.
City Clerk Flynn restated for the record the following Late Communications pertaining to
this public hearing item.
Communication submitted by Tami Bui, Region Manager, Local Public Affairs for
Southern California Edison, dated September 17, 2007, a letter pertaining to agenda
item D-2, Zoning Text Amendment No. 06-08, Wireless Communication Facilities.
Communication submitted by Sarah Burbidge of MacKenzie & Albritton, LLP dated
September 17, 2007 and titled, Agenda Item D-2, Wireless Code Amendments.
Tami Bui, Southern California Edison (SCE), addressed concerns regarding franchise
rights. She stated that SCE believes that public utilities have the right to encroach into
the public rights -of -way.
Robert Jystad, Counsel for AT&T, referred to a letter he presented to Council this
evening. He urged Council to postpone making a decision on the issue and give all
parties an opportunity to address AT&T's outstanding concerns. AT&T's concerns were
described as: (1) wireless carriers are exempt from franchising, (2) the proposed
wireless permit requirements in Section 230.96 are overreaching, and (3) the proposed
amendments are pre-empted by Section 253 of the Telecommunications Act of 1996.
Patrick Ryan, Next G Networks, stated that his firm is not a wireless carrier, instead
it represents clients of wireless carriers and is regulated by the Public Utilities
Commission (PUC). Currently, Next G Networks is under contract to deliver services for
one of its carriers by March 2008. He stated that a meeting has been scheduled
with staff and his client for next week, and it is his opinion that a valid law is in place that
September 17, 2007 — Council/Agency Minutes — Page 16 of 25
would resolve outstanding concerns, and he urged Council to table the matter at this
time.
Leslie Daigle, Verizon Wireless, referred to the case pending at the State Supreme
Court in San Diego that may or may not establish that fees may be collected on rights -
of -way, but it is Verizon's position at this time that no fees may be collected from
carriers. She believes the wireless carriers are being "singled out" to be financially
responsible for the undergrounding of utilities.
Alexander Deobois, Royal Street Communications and Metro P.B.S., voiced opposition
to the proposed Zoning and Municipal Code amendments pertaining to wireless facilities
and stated his belief that will delay and negatively impact the service to its customers.
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.
Attorney McGrath informed Council that the matter of wireless communications is
currently a litigated matter between the carriers and the different municipalities. The City
has attempted to structure the ordinance in a way that is consistent with decisions made
at the state and federal level. She reiterated that through the moratorium, Council has
established reasonable regulations in the public right-of-way to the extent the law will
permit.
Councilmember Hansen asked for clarification of ramifications to the City if Council took
action this evening. Attorney McGrath responded that the ordinance, as drafted, could
involve fees being returned to carriers as directed by the Court if the above -mentioned
litigation was settled in favor of the carriers. City Administrator Culbreth-Graft reiterated
the history of this issue and added that the moratorium will expire in March 2008.
A motion was made by Hardy, second Carchio to 1) Approve Zoning Text Amendment
No. 06-08 with Findings for Approval, and Approve for Introduction Ordinance No. 3779,
"An Ordinance of the City of Huntington Beach Amending Chapter 230.96 of the
Huntington Beach Zoning and Subdivision Ordinance Titled Wireless Communications
Facilities" Additional Staff Recommendation: 2) Approve for Introduction Ordinance No.
3780, "An Ordinance of the City of Huntington Beach Amending Chapter 12.13 of the
Huntington Beach Municipal Code Relating to Street Work Generally, " 3) Approve for
Introduction Ordinance No. 3781, "An Ordinance of the City of Huntington Beach
Amending Chapter 12.38 of the Huntington Beach Municipal Code Relating to
Encroachments, " 4) Approve for Introduction Ordinance No. 3782, "An Ordinance of
the City of Huntington Beach Amending Chapter 12.48 of the Huntington Beach
Municipal Code Relating to Wireless Digital Communications Radio Networks, "
and 5) Approve for Introduction Ordinance No. 3783, 'An Ordinance of the City of
Huntington Beach Amending Chapter 17.64 of the Huntington Beach Municipal Code
Relating to Undergrounding of Utilities. " The motion carried by the following roll call
vote:
AYES: Carchio, Coerper, Bohr, Green, and Hardy
NOES: Hansen
ABSENT: Cook
September 17, 2007 Council/Agency Minutes — Page 17 of 25
FINDINGS
ZONING TEXT AMENDMENT NO. 06-08
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
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 the City Council Resolution No. 4501, Class 20, which
supplements the California Environmental Quality Act. The project is exempt because it
involves minor amendments to Huntington Beach Zoning and Subdivision Ordinance,
Chapter 230 (Wireless Communication Facilities) and the Huntington Beach Municipal
Code Chapter 12 and 17 pertaining to wireless facilities.
FINDINGS FOR APPROVAL — ZONING TEXT AMENDMENT NO. 06-08:
1. Zoning Text Amendment No. 06-08 to amend Chapter 230 Wireless Communication
Facilities of the Zoning and Subdivision Ordinance is consistent with the objectives,
policies, general land uses and programs specified in the General Plan because the
amendment will encourage and facilitate wireless facilities throughout the city while
preventing visual clutter thereby furthering the City's development goals.
2. In the case of a general land use provision, the zoning text amendment is compatible
with the uses authorized in, and the standards prescribed for, the zoning districts for
which it is proposed. The introduction of the Wireless Permit will ensure that
wireless facilities will not have adverse impacts citywide nor within the public right-of-
way.
3. A community need is demonstrated for the change proposed as directed by the City
Council because the amendment will require that when possible wireless facilities
are located in the least obtrusive site necessary in order to continue wireless
coverage in the area.
4. Its adoption will be in conformity with public convenience, general welfare and good
zoning practice by addressing wireless facilities in the public right-of-way, adopting a
wireless permit procedure and creating a zoning and subdivision ordinance more
reflective of City priorities.
Consent Calendar -- Items Approved
A motion was made by Green, second Hansen to approve the following items on the
Consent Calendar by affirmative roll call vote. The motion carried by the following roll
call vote:
AYES: Carchio, Coerper, Bohr, Green, Hansen, and Hardy
NOES: None
ABSENT: Cook
(City Council/Redevelopment Agency) Approved Minutes — Approved and adopted
the minutes of the City Council/Redevelopment Agency regular meeting of September 4,
2007 as written and on file in the Office of the City Clerk. Submitted by the City Clerk.
September 17, 2007 — Council/Agency Minutes — Page 18 of 25
(City Council) Escheated a Total of $802.21 of Unclaimed Funds Over Three Years
Old and Less Than $15.00 and a Total of $21,703.32 of Unclaimed Funds Over
Three Years Old and More Than $15.00 to the City's General Fund per Government
Code Section 60055 — Reviewed and approved the transfer of $22,505.53 of
unclaimed funds to the unappropriated General Fund in compliance with Government
Code Section 50055. Submitted by the City Treasurer. Funding Source: Not
applicable.
(City Council) Approved and Authorized Execution by the Mayor and City Clerk of
a Use Authorization and Consent Agreement with Lessee, Los Angeles SMSA
Limited Partnership, dba Verizon Wireless, and California Tower, Inc. as
Sublessee for Co -Location of Certain Telecommunication Equipment at the
Warner Fire Station — 1) Approved the Use Authorization and Consent Agreement;
and 2) Authorized the Mayor and City Clerk to sign and execute the Use Authorization
and Consent Agreement. Submitted by the City Attorney, Fire Chief and the Director of
Economic Development. Funding Source: Under the lease terms, California Tower,
Inc. assumes all responsibility for any costs associated with the installation,
maintenance, and liability of its telecommunications facilities. This co -location would
generate an additional 15% of the gross rental revenues received by California Tower,
Inc. per year in revenue to the City.
(City Council) Approved Two Professional Services Contracts With Community
Service Programs Inc. (CSP) in the Amounts of $269,038 for the Management of
the Juvenile Diversion Program and $157,625 for the Gang Prevention and
Intervention Program, Each With a Three -Year Expiration — Approved and
authorized the Mayor and City Clerk to execute three-year contracts with Community
Service Programs, Inc., Professional Services Contract Between the City of Huntington
Beach and Community Service Programs, Inc. for Management of Juvenile Diversion
Program and Professional Services Contract Between the City of Huntington Beach and
Community Service Programs, Inc. for Gang Prevention and Intervention Program.
Submitted by the Chief of Police. Funding Source: Sufficient funds are available in the
Police Department's 2007-2008 budget, under the General Fund, Account Numbers
10070203 and 10070106. No additional appropriation of funds is necessary.
(City Council) Approved a Sole Source Procurement With Standard Automation
and Control of League City, Texas for the Purchase of Supervisory Control and
Data Acquisition (SCADA) Software for the City's Water and Flood Control
Facilities — Approved a Sole Source Procurement with Standard Automation and
Control of League City, Texas for the purchase of SCADA software. Submitted by the
Acting Director of Public Works, Operations. Funding Source: Funds for the purchase
of the software are available in Water Fund business unit, 50691003.82100 and in
Sewer Service Fund, business unit 51189003.82600.
(City Council) Adopted Resolution No. 2007-62 Authorizing the Sale of Water
Outside the City Limits to the Orange County Flood Control District (OCFCD) for
Water Service to Irrigate a Proposed Landscape Area Along the Westerly Santa
Ana River Levee Bordering the City Between Garfield Avenue and Adams
Avenue — Adopted Resolution No. 2007-62, "A Resolution of the City Council of the
City of Huntington Beach Providing for the Sale of Water Outside the City Limits. "
Submitted by the Acting Director of Public Works, Operations. Funding Source: The
September 17, 2007 - CounciVAgency Minutes - Page 19 of 25
cost of providing water service is recouped through the monthly municipal services
billing process.
(City Council) Approved the Huntington Beach Downtown Business Improvement
District (BID) Annual Report for FY 2007-2008 BID Renewal; Adopted Resolution
No. 2007-61, Declaring the City's Intention to Levy an Annual Assessment Within
the Huntington Beach Downtown Business Improvement District (BID) for FY
2007-2008; and, Directed the City Clerk to Schedule a Public Hearing for
October 1, 2007, and Notify Each Business to be Assessed and Provide Public
Notification
Councilmember Carchio announced for the record that he would be abstaining from
voting and recused himself since he owns a business in the downtown area.
The City Council considered a communication from the Director of Economic
Development transmitting the following Statement of Issue: On September 7, 2004, the
City Council approved Ordinance No. 3661 establishing the Huntington Beach
Downtown Business Improvement District (BID) as a method of marketing the downtown
area. The State of California Parking and Business Improvement Law of 1989 requires
an Annual Report be filed for each fiscal year, and a public hearing date be set.
Funding Source: Revenues and expenses are included in the 2007/08 Downtown
Business Improvement District Budget (Fund 710).
Councilmember Bohr asked to address Consent Calendar items E-2, and E-10 together,
pertaining to the Annual Report for the Downtown Business Improvement District (BID)
and the Management Agreement with the Downtown Business Improvement District
(BID). He asked for clarification of expense items listed in the 2007/08 BID Budget
Proposal pertaining to salary, marketing, promotion and event costs allocated to Surf
City Nights, the commitments for sponsorships, and the various costs illustrated to be
the responsibility of the Redevelopment Agency. Director of Economic Development
Stanley Smalewitz discussed the pilot program costs supported by the Agency for Surf
City Nights and the cost the Agency targeted to go forward with the program. Council -
member Bohr asked for clarification of expenses targeted for marketing services and
"capacity building," and Director Smalewitz described the high -volume communications
and promotional responsibilities anticipated to handle the transition from Business
Improvement District to Merchant Association.
Mayor Coerper asked for clarification of total costs ($87,000) for the pilot program
period Surf City Nights to present (3/06/06 - 9/30/07). Assistant Project Manager Nova
Punongbayan gave an historical background associated with the event's marketing and
advertising costs and weekend closures. Mayor Coerper asked if $10,000 designated
for cleanup would be paid by the BID and Director Smalewitz responded affirmatively.
Council discussion ensued regarding the future of Surf City Nights and the desire
that the majority of the fiscal burden be the responsibility of the BID, with phased
reduced monies contributed by the Agency, including marketing services.
A motion was made by Bohr, second Coerper to 1) approve the Huntington Beach
Downtown Business Improvement District Annual Report for FY 2007-2008 BID
Renewal; and 2) Adopt City Council Resolution No. 2007-61, "A Resolution of the City
September 17, 2007 — Council/Agency Minutes — Page 20 of 25
Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual
Assessment for Fiscal Year 2007-2008 Within the Huntington Beach Downtown
Business Improvement District'; and 3) Direct the City Clerk to schedule a public
hearing to be held on October 1, 2007, send copies of the Resolution of Intention,
including the BID Boundary Map and assessment formula to each business to be
assessed and publish same in a newspaper of general circulation as required. The
motion carried by the following roil call vote:
AYES:
Bohr, Coerper, Green, Hansen, and Hardy
NOES:
None
ABSTAIN:
Carchio
ABSENT:
Cook
(City Council/Redevelopment Agency) Appropriated $86,769 From the Merged
Project Area Unappropriated Fund Balance and Authorized the Executive Director
to Enter Into a Management Agreement With the Downtown Business
Improvement District (BID) in an Amount Not to Exceed $86,769 for Capacity
Building of the Downtown BID and to Continue the Agency's Financial
Participation in Surf City Nights.
Councilmember Carchio announced for the record that he would be abstaining from
voting and recused himself on this item since he owns a business in the downtown area.
The City Council considered a communication from the Economic Development
Director/Deputy Executive Director transmitting the following Statement of Issue: Since
the commencement of the Main Street trial closures for Surf City Nights on March 6,
2006, the Downtown Business Improvement District (BID) has experienced growth and
overall increased sales revenue on Tuesdays. The BID administration is a critical
component to the strategic growth of its organization into a thriving, self -sustainable
organization. Additionally, the BID administration has been a principal partner in the
management of the Surf City Nights and weekend event closures. Staff proposed to
continue to share approximately one-half of the Surf City Nights' operational costs,
organizational development and marketing costs with the BID. The Agency's financial
participation will ensure the BID's continued efforts in the downtown are cohesive with
the City's overall vision to become more of a destination economy and encourage
tourism. Funding Source: Economic Development 2007-08 Budget Account No.
30581002, augmented, if necessary, by Merged Area Undesignated Fund Balance not to
exceed $86,769
A motion was made by Bohr, second Coerper to 1) Appropriate $86,769 from the
Merged Project Area Unappropriated Fund Balance into account #30581002 for capacity
building of the Downtown BID and to continue the Agency's financial participation for
Surf City Nights; and 2) Authorize the Agency Executive Director to enter into a
Management Agreement with the Downtown BID in an amount not to exceed $86,769.
The motion carried by the following roll call vote:
AYES: Bohr, Coerper, Green, Hansen, and Hardy
NOES: None
ABSTAIN: Carchio
ABSENT: Cook
September 17, 2007 - Council/Agency Minutes - Page 21 of 25
(City Council/Redevelopment Agency) Approved and Authorized the Mayor and
City Clerk to Execute Amendment No. 1 to the Professional Services Agreement
With Freedman, Tung and Bottomley (FTB) in the Amount of $117,599 for
Preparation of a Corridor Revitalization Strategy and Specific Plan for Beach
Boulevard (Including Edinger Avenue); and, Appropriated $117,599 from
Redevelopment Agency Merged Capital Funds to the Redevelopment Agency
Professional Services Account; and, Authorized the Director of Planning to
Expend Funds for the Contract.
The City Council considered a communication from the Deputy Executive Director and
Director of Planning transmitting the following Statement of Issue: Submitted for
Council approval is an amendment to the professional service agreement with
Freedman, Tung and Bottomley for the Beach Boulevard/Edinger Avenue Corridor Study
in the amount of $117,599. Funding Source: An appropriation of $117,99 from the
Redevelopment Agency Merged Capital Funds to the Redevelopment Agency
Professional Services Account No. 30580101.69365.
Councilmember Bohr pulled this item to discuss costs and fees associated with the
Agreement between the City/Agency and Freedman, Tung and Bottomley (FTB),
and stated his desire for staff to scrutinize all billings, especially the hourly rates
indicated by the firm's principals. Director Smalewitz stated that staff has the fiduciary
responsibility to scrutinize all invoices and he described the fees related to
dynamic workshops conducted and the course of work completed. Discussion ensued
regarding rates charged by the sub -consultants.
Councilmember Green stated her support of the process and the successful workshops
conducted. She stated her preference for the consultant (FTB) to attend and/or speak at
the City's joint Annual Economic Conference with the Chamber of Commerce.
A motion was made by Bohr, second Green to 1) have the City approve and authorize
the Mayor and City Clerk to execute Amendment No. 1 to Agreement Between the City
of Huntington Beach and Freedman, Tung and Bottomley in the amount of $117,599 for
preparation of a corridor revitalization strategy and specific plan for Beach Boulevard
(including Edinger Avenue); and 2) for the Agency to appropriate $117,599 from
Redevelopment Agency Merged Capital Funds to account 30580101.69365 for the FTB
contract and authorize the Director of Planning to expend Agency Funds allocated to the
FTB contract. The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Coerper, Green, Hansen, and Hardy
NOES: None
ABSENT: Cook
City Administrator Culbreth-Graft described the logistics of the evolving process on the
last critical corridor in our City. Councilmember Carchio asked City Administrator
Culbreth-Graft why FTB was unable to anticipate the increase in fees, and it was
explained that the scope of the contract originally granted is now being expanded
since staff has responded to citizens' input on issues that need to be addressed before
citizens would support the process.
(City Council) Adopted Ordinance No. 3778 Amending Chapter 9.20 of the
Huntington Beach Municipal Code Relating to Public Dressing - Approved for
Introduction September 4, 2007.
September 17, 2007 - Council/Agency Minutes - Page 22 of 25
A motion was made by Green, second Hardy to approve after the City Clerk reads by
title, Adopt Ordinance No. 3778, "An Ordinance of the City of Huntington Beach
Amending Chapter 9.20 of the Huntington Beach Municipal Code Relating to Public
Dressing" by roll call vote. The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Bohr, Green, Hansen, and Hardy
NOES: None
ABSENT: Cook
(City Council) Approved for Introduction Ordinance No. 3784 Amending
Huntington Beach Municipal Code Section 17.56.060 Regarding Permissible
Sprinkler Omissions and Schedule a Public Hearing for October 15, 2007
Communication submitted by the Fire Chief transmitting the following
Statement of Issue: Whether to adopt an ordinance amending Municipal Code Section
17.56.060 regarding permissible sprinkler omissions.
A motion was made by Hansen, second Hardy to after City Clerk reads by title, approve
Introduction of Ordinance No. 3784, "An Ordinance of the City of Huntington Beach
Amending Huntington Beach Municipal Code Chapter 17.56 - The Huntington Beach
Fire Code - Pertaining to Sprinklers" and direct the City Clerk to publish a Notice of a
Public Hearing pursuant to Government Code Section 6066, and Schedule a Public
Hearing for October 15, 2007. The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Coerper, Green, Hansen, and Hardy
NOES: None
ABSENT: Cook
(City Council) Submitted By Councilmember Green - Edinger Parkway Landscape
Improvement Project
Communication from Councilmember Green transmitting the following
Statement of Issue: At the June 13, 2005, City Council Meeting, City Council Member
Bohr submitted an H-Item to request a reconnaissance study for the subject project, the
cost of which was shared by the Sea Isle Garden Club (SIGC). Subsequently, the City
Council at its September 12, 2005, meeting authorized the expenditure of $90,000
towards curb work, with an additional $60,000 as matched by the SIGC. In 2006, the
City, with the concurrence of the SIGC, applied for a Transportation Enhancement
Activity (TEA) grant, administered through OCTA, utilizing the aforementioned local
funding as a match. Unfortunately, the application was unsuccessful. Upon meeting
with OCTA to discuss the application, it was suggested that the construction documents
be prepared in order to be "project ready" should money become available, which staff
and the SIGC collectively agreed to move forward with. At the urging of the SIGC, staff
put out to bid a project to construct the curb and general earthwork for this project and
on August 6, 2007, the City Council awarded a contract for this work. In late August,
OCTA announced a call for projects for the 2007 TEA grant cycle. City staff has
attended the grant workshop and met with OCTA representatives to improve on the
previous year's application. One of the major changes to the scoring is in regard to the
September 17, 2007 - Council/Agency Minutes - Page 23 of 25
local match. While a minimum of 25% match is necessary, additional points are given
for a greater match.
Currently, the City has approximately $10,000 left from the previous allocation and the
SIGC has an additional $40,000 for a total of $50,000. The projected cost to complete
this project is $400,000. Therefore, to meet the minimum 25% match of $100,000, an
additional $50,000 needs to be committed in order to apply for this project. However, to
garner more points in order to be competitive, I am recommending that the City provide
a 61 % match, resulting in a total match commitment of $244,000 from the Second Tier
Reserve. It is currently the City's understanding that the SIGC will commit to raise a
total of $122,000, which is 50% of the match. In the event that the grant application is
not successful, I recommend that the City funding be returned to the Second Tier
Reserve.
Recommended Action: Motion to:
Direct staff to submit the required Agency Resolution Requesting Funds for Approved
Project for the Edinger Avenue Parkway Landscape Improvement Project, committing
the City to a $244,000 match for this project.
Councilmember Bohr abstained from voting on this item and recused himself.
Councilmember Green described the costs associated with Edinger Avenue curb work
and the call for projects by the Orange County Transportation Authority (OCTA) for a
Transportation Enhancement Activity (TEA) grant. Staff met with OCTA to determine
that a 61 % match would be required to garner more points in order to be
competitive. Sea Isle Garden Club (SIGC) will commit $122,000, which is 50% of the
match.
Councilmember Hardy asked for the City's financial contribution to date towards the
project and Acting Director of Public Works, Engineering Travis Hopkins responded
$140,000.
Mayor Coerper and Councilmembers Carchio, Green, Hansen and Hardy stated
their support of the project and thanked the SIGC for its financial contribution.
A motion was made by Green, second Coerper to direct staff to submit the required
Agency Resolution requesting funds for approved project for the Edinger Avenue
Parkway Landscape Improvement Project, committing the City to a $244,000 match for
this project. The motion carried by the following roll call vote:
AYES:
Carchio, Coerper, Green, Hansen, and Hardy
NOES:
None
ABSTAIN:
Bohr
ABSENT:
Cook
September 17, 2007 - Council/Agency Minutes - Page 24 of 25
Council Comments — Not Agendized
Mayor Coerper asked City Administrator Culbreth-Graft to assist him in forming a
committee to address the traffic issues near Sowers School raised tonight by the public
speakers, and she responded affirmatively.
Councilmember Carchio announced his attendance at the Welcome Retired Employees
of Los Angeles County to Huntington Beach at the Central Library on September 6, The
Council on Aging 19th Annual Senior Saturday festival on September 8, the Firefighters
Annual Memorial in Santa Ana and the Patriot Day Ceremony at Pier Plaza on
September 11, and Save our Strays Pancake Breakfast at Lake Park on September 15.
He reminded everyone to attend Surf City Nights on Tuesday night.
Councilmember Green announced her attendance at the Fire Family Annual Monument
Memorial (she read the Oath of Office quote from Monsignor John F. Sammon), and the
Patriot Day Ceremony at Pier Plaza on September 11; the Public Safety Awards
Luncheon on September 12, (she thanked award recipients for the following
categories): Award of Heroism: Anthony Rizco and Greg Wells (Public
Works); Brandon Prince, Terry Bullock, Scott Underhill and Dennis Rafferty (Fire
Department); Good Samaritan Award: Paige Bisson, Kylie Cucinotti, Carly Zylstra,
Greg Eisele, and Shane Kohls (Community Services); Paul Renfrow, Robert Marshal,
and Amanda Frank, Cathy Serif, Jamie Murphy, Kevin Prentiss (Fire Department); Police
Officer Shawn Randell and Police Officer Francisco Jimenez (Police Department); and
Award of Valor: Police Officer Frankie Choyeski and Police Officer Michael Thomas of
the Police Department); and Save our Strays Pancake Breakfast at Lake Park and the
CERT Awards Luncheon on September 15.
Councilmember Hardy announced her attendance at the League of California Cities in
Sacramento, Policy Committee meeting on "In -Care Homes" for elderly on September 5,
and the Patriot Day Ceremony at Pier Plaza on September 11 (she thanked sponsors for
moving the event during the week to 6:00 p.m.).
Councilmember Bohr announced his attendance at the Firefighters Annual Memorial
Ceremony on September 11, the Public Safety Awards Luncheon on September 12,
Save our Strays Pancake Breakfast at Lake Park and the Eagle Scout Court of Honor for
Kyle Watson Campana on September 15.
Mayor Coerper announced his attendance at the Oktoberfest at Old World on
September 9, benefiting the Therapeutic Riding Center Huntington Beach, the Patriot
Day Ceremony at Pier Plaza on September 11, the Spurgeon Award Luncheon with
Councilmember Green honoring Dr. Arnold Beckman of Beckman Industries Inc., and
Dave Maggard, Chief of Police of Irvine on September 13, the Save Our Strays Pancake
Breakfast at Lake Park on September 15, and the Eagle Scout Court of Honor for Tyler
Briscoe on September 16.
September 17, 2007 — Council/Agency Minutes — Page 25 of 25
Council/Agency Adjournment at 10:06 p.m., to Monday, October 1, 2007, at
4:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
ge 44 J I 9�- A4, K �--
City Jerk and ex-officio CleW of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
City` Clerk-Cle Mayor -Chair