HomeMy WebLinkAbout2007-11-05Minutes
Council/RDA Meeting
City Council/Redevelopment Agency
City of Huntington Beach
Monday, November 5, 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.
The 4:00 p.m. portion of the meeting was recessed by Deputy City Clerk Kelly Mandic to
4:30 p.m. in Room B-8, due to a lack of quorum.
Call to Order — 4:30 p.m.
City Council/Redevelopment Agency Meeting Roll Call
Present: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy.
Absent: None.
Councilmember Hansen arrived at 4.36 p.m.
City Clerk Joan Flynn Announced a Late Communication Pertaining to the Study Session
Portion of the Meeting
Communication submitted by the Planning Department, dated November 5, 2007, and titled
Huntington Beach 2008-2014 Housing Element, prepared by Karen Warner and Associates.
Communication submitted by Stanley Smalewitz, Economic Development Director, dated
November 5, 2007, titled Workforce Housing, a memorandum to the City Council.
Public Comments
Roseann Andrus, representative of Local Investment in Child Care (LINCC) Project, a
countywide initiative to promote childcare as an essential community infrastructure that supports
local economic development. She asked Council to consider as part of the critical needs of the
Housing Element the expansion of more affordable housing to serve children of low-income
families. She reported that the City of Huntington Beach has 10,158 children that have working,
low-income parents with annual income below $39,000/year. Her current LINCC
Housing project is working on a strategy with community partners to integrate workforce
housing, affordable housing and childcare facilities. She welcomed the chance to work with the
City to develop strategies to increase incentives, and thanked Council for their past involvement.
November 5, 2007 — Council/Agency Minutes — Page 2 of 28
Beverly Schuberth, representative of The Kennedy Commission, a coalition of members and
individuals as advocates for low-income housing, targeting individuals who make $10/hour or
less. She commended staff on the draft Housing Element and reported attending the Affordable
Housing Task Force meeting. She indicated The Kennedy Commission's enthusiasm to
work with the City to serve that population, and thanked Council for their involvement.
(City Council/Redevelopment Agency) Study Session Held — City of Huntington Beach
Housing Element Update
City Administrator Penelope Culbreth-Graft called on Mary Beth Broeren, Principal Planner, to
provide a brief overview of Housing Element Update activity to date. She introduced Karen
Warner of Karen Warner and Associates, who gave a PowerPoint presentation that included the
following information: Presentation Overview, What is the Housing Element, 2000-2006
Housing Accomplishments, 1998-2006 Regional Housing Needs Assessment (RHNA) Progress,
Benefits of Housing and Community Development (HCD) Compliance, Demographic Trends,
Income Trends, Housing Costs, Housing Conditions, At -Risk Rental Housing, RHNA, Sites
Availability, RHNA and Sites Availability, 2008-2014 Housing Element Programs, and Additional
Issues for Discussions (raised by Planning Commission and Ad -Hoc Committee).
Planner Broeren discussed options available for consideration and statistics for submittal to the
State of California. She also discussed the number of units identified in the Beach/Edinger
Specific Plan for low and very -low-income families.
Councilmember Green asked if staff has looked at the childcare component. Planner
Broeren identified childcare facilities in the different zones, land use issues and program studies
initiated by the Community Services Department. Councilmember Green asked what the
income limits are for 1- and 2-person households and Consultant Warner said she would get
back to her with that information. Councilmember Green asked for clarification on the Golden
West College student housing of 175 units. Stanley Smalewitz, Economic Development
Director, replied that the units are shared units that will house 300 students.
Councilmember Carchio voiced concerns regarding the demographic trend number pertaining to
our senior citizens. Kathe Head, Principal, Keyser Marston Associates consultant, replied that
the City is bound by proportionality, reflective in the low- and very -low income households
citywide. Councilmember Carchio indicated that he believes the number of senior households
is growing, and his emphasis would focus on the 40% reported that live alone, and 1/3 reported
as disabled. Consultant Head indicated that the city is bound by the 2000 census until 2014.
Councilmember Bohr referred to the Beach/Edinger Corridor Specific Plan affordable housing
component. Planner Broeren responded that the developer's 10% requirement is to be
provided onsite, unless alternate options are considered. Director Smalewitz stated that
development standards would dictate density of the projects. Councilmember Bohr confirmed
that Bella Terra has a 15% requirement. Councilmember Hansen explained the focus of
discussions during the ad hoc committee meeting and perceived direction related to mixed -use
housing. Planner Broeren indicated that at the end of the Specific Plan process, the City would
have an opportunity to re -adjust or change the number of housing units at that time.
Councilmember Green asked about the status of the mobilehome park preservation component
and Planner Broeren replied that existing or new mobilehomes do not count towards RHNA
compliance. Councilmember Hardy discussed ways the ad -hoc committee can lobby more
November 5, 2007 — Council/Agency Minutes — Page 3 of 28
credits for built -out communities. Consultant Warner indicated credits are given for
mobilehomes as preserved, but not counted for RHNA credit.
Councilmember Green questioned the exclusion of childcare within the Housing Element.
Planner Broeren clarified that childcare is included within other elements in the General Plan.
She also addressed SB 2 (Cedillo) — Emergency Shelters, explaining that jurisdictions must
allow shelters in their City without any discretionary action, and therefore, must provide
identification within the Housing Element, Councilmember Hardy asked if the Ripcurl proposal
should include numbers allowed or proposed, and Planner Broeren responded that the
City could put in a minimum requirement and qualify that these units are in process.
Mayor Pro Tem Cook asked if past deficiencies will carry over with penalties. Planner Broeren
replied "no," explaining that each housing element period starts fresh without prior credit or
penalty. Mayor Pro Tem Cook asked why the City overbuilt in the moderate and above -income
categories. Planner Broeren discussed private market housing and selling prices determined by
developers and it was noted that moderate -income accounted for Cape Ann, Promenade and
subsequent neighborhoods built at that time.
Mayor Coerper inquired as to the State's mandate of emergency shelters, clarifying the need to
build a shelter in the community. It was noted that appropriate zone(s) have to be identified for
that use. He also referred to surplus school sites and the 63 units indicated at Lamb School,
and discussed the Ripcurl project's application for 440 units. He thanked staff for an
outstanding report.
Mayor Coerper asked Planner Broeren if action was needed from Council this evening,
and Planner Broeren responded in the negative, thanked Council for its guidance and
confirmed that Beach/Edinger numbers will remain as reported.
Call Closed Session of City Council/Redevelopment Agency — 5:36 p.m.
Motion by Cook, second Bohr, to recess to Closed Session on the following items., The motion
carried by consensus of all present.
(City Council) Closed Session — Pursuant to Government Code Section 54956.9, the City
Council recessed into closed session to confer with the City Attorney regarding one potential
lawsuit.
(City Council) Closed Session — Pursuant to Government Code Section 54956.9, the City
Council recessed into Closed Session to confer with the City Attorney regarding the request for
issuance of a change order for additional compensation and time extensions received from
Vadnais Construction, dated October 15, 2007. Vadnais was originally issued Cash Contract-
1269 for construction of the Warner Avenue Gravity Sewer on July 17, 2006, and has now
submitted a request for additional compensation. (Gov't Code § 54956.9(b)(3)(B).)
(City Council) Closed Session — Pursuant to Government Code Section 54957.6, the Council
recessed 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, HBPOA, and Non -Associated.
November 5, 2007 — Council/Agency Minutes — Page 4 of 28
Reconvene City Council/Redevelopment Agency Meeting — 6:08 p.m.
The City Attorney Did Not Report Any Actions Taken During Closed Session Pursuant to
Government Code §54957.1(a) (3) (B).
Call to Order
Present: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy.
Absent: None.
Pledge of Allegiance/Flag Salute - Led by Councilmember Carchio
Invocation - Led by Mark Currie, Bahai Faith of Huntington Beach, Greater Huntington
Beach Interfaith Council
City Clerk Flynn Announced Late Communications
Mayor Pro Tem Debbie Cook submitted a report pursuant to AB 1234 and on file in the City
Clerk's Office.
Communication submitted by Norm "Firecracker" Westwell, dated November 5, 2007 stating his
opinion pertaining to Agenda item D-2 pertaining to medical marijuana dispensaries.
Communication submitted by Antonio A. Cota of the Law Office of Antonio A. Cota, dated
November 2, 2007 titled Lorbeer, Wm.; Cite Nos. BD64486, BD62793, BD64619, etc., Request
for Continuance of Administrative Hearing.
Communication submitted by Joan Flynn, City Clerk, dated November 5, 2007 and titled
Correction to Agenda Item E-1 — City Council Meeting Minutes of October 15, 2007.
Communication submitted by Julie Bixby, dated November 3, 2007 and titled Agenda Item E-5
for 11-05-07.
Communication submitted by City Councilmember Keith Bohr dated November 5, 2007 and
titled Agenda Item G-2a.
Communications (email) submitted by 383 individuals stating opinions pertaining to adopting a
mandatory spay, neuter and microchip identification program for dogs and cats:
Karen Dembrowski, Katie Shephard, Keith, Sharon Adams, Teddi Alves, Mark D. Schidler,
Cindy DeWolfe, Mary E. Hodge, Monica Ruis, Richard Stephens, Judith Deacon, Patricia
Deacon, Edward Brown, Cristy Bird, Jennifer Hart, Linda Hill, Judy Friedman, Carol Green, Ron
Green, Linda Chellel, Benjamin A. Hale, Randall Anderson, John S. Andrews, J. Slialk, Penny
Twaits, Karen D. Dwerlkotte, Bobby H. Ray, Arnold McCullough, Glenda Perry, Michael Perry,
Gary Ryan, Linda Ryan, G. Anchondo, Linda Alderfer, Maria Slieff, Linda L. Smith, Bryan
Magmussen, Hidemitsu Sakiri, Thongpol Sangngan, Tricia Ford, Evelyn Limer, Teresa Carrillo,
Sidney Carrillo, Brad Bertolina, Elizabeth A. Hansen, Mazon Abdin, Janice Starcevic, Judith C.
Gaither, Anne L. Crouch, Suzane Kelleher -Duckett, Joy DeGruccio, Urai Carter, Natvee
Morinda, Chamong Laigipay, Constance I. Flynn, Ryan Morinaka, Aaron Morinaka, Justin
Morinaka, Cathy Skillman, Carlos Esparza, Gene D. Horner, Lisa Lang, Aaron Demarco, Laura
November 5, 2007 — Council/Agency Minutes — Page 5 of 28
Demarco, Daniel R. Miner, Rita Giacone, M. Barilla, Chris Barilla, Lori Tolan, Jerry A. Rushing,
Rocco Barilla, Gina Mago, Karen Monaco, Albert Murphy, John Wolff, Richard Smith, Sandra R.
Barilla, Thomas Barilla, Rosita Dela Liana, Robert Murphy, Robert Hilton, Jerry Faas, Luanne
Bjorkman, Doug Bjorkman, Michael Rogers, Mary R. Rogers, Larry Larson, Maureen T.
Johnson, Paul R. Johnson, Eleanor Lewis, Jan Lonoeree, Steven Mastropaolo, Beth Faas,
Gregory Hamel, Patricia Carroll, Bev Carroll, Kristen Hamel, Monique Stefanovic, B. Stefanovic,
Erin Martin, Robert V. Roboey, Glennon P. Schaeffer, Jeanne Robey, Alda M Hipolito, Victor
Hipolito, Del Dearen, Carly Reed, Gene D. Homer, Anthony Helmer, Jessica Egan, Mitch
Beram, Kristy Beram, Lawrence Pham, Katie Gaytan, Randy DeLorto, Suzann Zimmer, Karen
D. Ray (2 items), Edie Gaertner, Cyd Swerdlow, Linda Kosut, Jennifer Joseph, Kathryn Roberts
M. Quesada, Stephen Lyon, Jean Polkow, Phil Morini, Merrily Munson, Stacey Clarke, Hazel
Brandenbury, Carolyn Pitzer, Margaret Schidler, Lois Carney, Mary G. Riddell, John Warner,
Narongehai Sangogam, Yaninee Pinniem, Nancy Hulit, Jane Thompson, Deanna Gibson, Patti
Riens, Hazel Blanford, Calvin Pham, Meongkot Tepmomgkhon, Marvin Ramirez, Dana Mount,
Scott Mount, Janet Blair, Jill Brumet, Angkoon Yattananavin, Tom Halloran, Ian Kinstan,
Enrique Peraza, Oscar Salazar, Kawas Yuen, Anh Vu, Andre Valadaris, Francisco Flores,
Alejanjro Aronna, Victoria Babinski, Allan Babinski, Michael W. Powell, Cathryn A. Powell,
Thelma Vetter, Sharlene Davis-Geltz, Carlos C. Speceiro, Steven Geltz, Jeff Hall, Daryl Bond,
Jeff Seesholtz, Becky Hasbach, Sue Simmons, Stan Simmons, Kristi Simmons, Penny Velasco,
Z. Westfield, Andrea & Greg Mills, Robin Ormiston, Judy Wright, Judeth Crom, Susan Murphy,
Judith A. Legan, April Parmelee, Pancho Marana, Olga Parmelee, Alec Littlewood, Jessy Box,
James Box, Michael Box, Conchita Del Rosario, Miko Del Rosario, Jessica Sturble, Rick
Strurble, Ian Strurble, Mike Watson, Jennifer Watson, Ken Michaels, Mary Michaels, Gwyneth
Sanchez, Martha Pebbles,Ty Tompson, Joy Tompson, Sandy Warner, Dave Warner, Jan
Stewert, Ted Stewert, Carlene Hanson, Danielle Dino, I. Protsenko, Bob Remo, Theresa
Rockmaker, Angelique Ouaknive, Matthew Stephens, Matt Arledge, Karen Arledge, Terri
Wilson, Lauren Martin, Joe Ruffino, Lorrie Sanchez, Chris Holmlund, Matt Caldwell, J.
LeMonier, Patricia McCully, Vern Nelson, Phil Tryon, Suzie Smith, Scott Cooper, Debbie
Cooper, Marinka Horack, James Scott, Michele Whitmarsh, Ron Hetherington, Viviana
Hethering, Pete Evanshen, Barbara Evanshen, Michelle Jehoich, Steve Jehoich, Jana Gibbs,
Nancy Sharts, George Taverna, Catherine Hubbing, Dean Langwiser, David Hayes, John
Oweger, Mauria Simmons, Mike Peters, Mike Vlachos, Judy Bash, Fara Bidaki, Lucia C.
Rosenberg, Sally Frost, Silvia D. Remos, Desiree Marmolijo, Leona Olson, Frank Spates, Judy
M. Schwantes, Robert Morrill, Michael Dunham, Douglas S. Bacon, Ann Patrick, Teddi Alves,
James G. Marshall, Elaine Marshall, Kathy Beachamp, Michele A. Kaufman, Shawn Bruckler.
Lorie Kooken, Robert Kooken, Danielle Stilwell, Glennon P. Schaeffer, Jeanne Robey, Gregory
Hamel, Patricia Carroll, Ron Carroll, Kristen Hamel, Monique Stefanovic, P. Stefanovic, Eleanor
Lewis, Jan Londeree, Steven Mastropaolo, Beth Faas, Jerry Faas, Thomas Barilla, Rosita Dela
Llana, C. Oakes, Barbara Hafdahl, Jacki L. Forkel, Tammy Carver, Leigh -Anne Kitch, Susan
Murphy, Judith A. Legan, Judeth Crom, Robin Ormiston, Drew Kovacs, Kirk of Garden Grove,
Shirley Henderson, Stanley Michaels, Diann Barber, Donna Colby, David Oakes, Marka
Bennett, Cathy Lyn Sanford, Sandy Genis, Tacoma Windsor, Mary Baretich, Charles
Atchisson, Lori Bell, The Smiths, John D. Cormie, Melissa Longley, Patricia Gail Burnham,
Norm "Firecracker' Westwell, Sarah Sprouse, Don & DeAnna McKelvie, Laurie Aggaj, Vivian
Brown, Daphne Bell, David Barron Sr., George Moore, Bob Huling, Marguerite K. Johnson, Ruth
Nunn, Sharon Perry, Don & Deanna McKelvie, S. T. Lawrence, Olga Forbes, Mike Ryan Kirkup,
Mike Davidson, Don & DeAnna McKelvie, Ken Kirkup, Diane Kirkup, Joanne Ventresca, Ken
Jackson, Margaret Stanard, Sarah Sprouse, John Burgard, Lori Pellizzari, and Bill Finstrom.
The Following Communications Were Received During the Meeting
November 5, 2007 — Council/Agency Minutes — Page 6 of 28
Communication submitted by "unknown," undated and titled "Initiative Measure to be Submitted
Directly to The Voters," a summary prepared by the Attorney General pertaining to the Pet
Animal Protection Act.
Communication submitted by Bobby and Karen Ray, dated November 5, 2007, titled Mandatory
Spay, Neuter, and Microchip Ordinance for Dogs and Cats in the City of Huntington Beach,
California, a letter to Council including Exhibits A - H.
Presentation - Eagle Scout
Mayor Coerper invited Eagle Scout Chad Schaeffer and his family to the podium to accept a
proclamation for his outstanding scout achievements. On behalf of Assemblyman Jim Silva,
Councilmember Cathy Green presented a commendation to Scout Schaeffer and Mayor
Coerper presented a Certificate from the United States Military Academy of WestPoint. Scout
Schaeffer introduced his family members and thanked everyone for this distinguished honor.
Presentation - Fireman's Insurance Company Fund
Mayor Coerper called on Fire Chief Duane Olson to accept checks for $16,360 and $12,000
from Commercial Underwriter Michele Bair and Vice President Rick Victores of Fireman's Fund
to be used for the purchase of emergency air bottles and fire hose. Chief Olson described
the grant funding programs and his appreciation of the partnership with Fireman's Fund
Insurance Rick Victores and Michele Bair who described the Heritage Program that has, since
2004, directed its grants of $4.5 million to 450 fire departments nationally.
Presentation - Life Safety Achievement Award
Mayor Coerper called on Fire Chief Duane Olson to announce that the Huntington Beach Fire
Department received the 2006 Life Safety Achievement Award from the Residential Fire Safety
Institute. Chief Olson described the Residential Fire Safety Institute and the City's recognition
nationally by the Institute for this award. Mayor Coerper thanked the Chief and his department
for their ongoing efforts.
Presentation - Head Start Program
Mayor Coerper called on Huntington Beach Municipal Employees Association (MEA)
representative John Von Holle who described a fundraiser held by the MEA to support the
"Huntington Beach Head Start Program." Representative Von Holle called on Jackie Gardner,
Quality Coordinator of the Head Start Program who described the educational program that
currently serves over 3,000 children of low-income families. Ms. Gardner thanked the City for
its donation of $1,700 to buy 9,000 books for its students.
Presentation - Native American Indian Month
Mayor Coerper called on Human Relations Task Force Chair Alan Chancellor to announce
November as National Native American Indian Month. Alan Chancellor introduced Jacque
Tahaka-Nunez of the Acjachemen nation, a Native American Indian educator. Ms. Tahaka-
Nunez is in her third year partnership with the Huntington Beach Central Library where she
performs an annual play of her native heritage, Ms. Tahuka-Nunez discussed her history
November 5, 2007 — Council/Agency Minutes — Page 7 of 28
and heritage, expressed her joy of performing, and gave thanks to the City for honoring the
partnership. On behalf of the City, Mayor Coerper presented a proclamation to Ms. Tahuka-
Nunez and thanked her for her creativity of storytelling to the children.
Presentation - Returning Combat Veterans Scholarship Program
Mayor Coerper called on Golden West College Criminal Justice Training Center Dean/Director
Chief Ron Lowenberg to receive a proclamation for the college's Returning Combat Veterans
Scholarship Program. Dean/Director Chief Ron Lowenberg introduced Jim Moreno, Board of
Trustees member, and Dr. John Matthews, President and CEO of Sure Fire Corporation. Chief
Lowenberg described the Police Academy Program at Golden West Community College and
described the importance of corporate sponsorships for Academy recruits. He thanked the City
for its endorsement of the Program, and Mayor Coerper thanked Dean/Director Lowenberg as
he presented the proclamation.
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/)
Scott Peterson, resident of Huntington Beach, spoke in opposition to any spay/neuter and
microchip program, describing the number of agencies who have attempted to adopt similar
ordinances that have failed. He disagreed with requiring spay/neuter of animals younger than
age two, and urged Council to vote against it. (48:03)
Celeste Whipple, resident of Huntington Beach, spoke in opposition to any spay/neuter and
microchip program. (50:26)
Don Chase, resident of Huntington Beach, spoke to Council in favor of implementing a
crosswalk at Yellowstone and Bushard, stating that there used to be a crosswalk at that
location and he urged Council to reinstate it. He referred to a favorable petition signed by
parents of Sowers School students. (50:51)
Julia Pennington spoke in favor of a spay/neuter and microchip program, stating her opinion
that the proposed ordinance protects pets, and she described the benefits of microchipping
animals. (55:03)
Judie Mancuso, spoke in favor of a spay/neuter and microchip program, and referenced the
form in Council packets related to the tax increase. She expressed agreement with
the ordinance language and she believes it will lower taxes for taxpayers. (56:50)
Steve Crane, resident of Huntington Beach, urged Council to support a spay/neuter and
microchip program, referencing the work he has done at the local animal shelters and
his sadness for the animals who are there. (59:40)
Jacob Wiles, resident of Huntington Beach and student, urged Council to reinstate
a crosswalk at Bushard and Yellowstone. (1:03:04)
November 5, 2007 — Council/Agency Minutes — Page 8 of 28
Jennifer Wiles, resident of Huntington Beach, spoke in favor of a crosswalk to be reinstated
at Bushard and Yellowstone to support the students at Haas and Sowers schools. She also
spoke in opposition to any mandatory legislation of microchipping animals, stating concerns of
financial burden and proposed fines. (1:03:50)
Lisa Carter, Executive Director of the Santa Cruz Society for the Prevention of Cruelty to
Animals (SPCA), spoke in support of a spay/neuter and microchip program, describing the
history of her agency, and the outpouring of emotions expressed during the Santa Cruz City
Council process. She referenced decreased statistics of euthanized animals and why the
ordinance works. (1:06:48)
Steven Wiles, resident of Huntington Beach, urged Council to reinstate a crosswalk at
Yellowstone and Bushard. He mentioned his participation in the recent forum community
meetings held on this issue. He also spoke in opposition to any spay/neuter and microchip
program since he believes the ordinance will only penalize responsible pet owners. (1:10:00)
Patty Shanker, animal rescuer, spoke in favor of a spay/neuter and microchip program.
She discussed her work as an animal rescuer, and stated her opinion for
the passage of this ordinance to be the moral obligation and fiscal responsibility of the Council.
(1:13:03)
Haze Lynn, spoke in favor of a spay/neuter and microchip program and urged Council to set
an example so that neighboring cities will adopt an ordinance also. (1:14:30)
Heidi Gothard spoke in support of a spay/neuter and microchip program, applauding the
Council for its fiscally responsible action and for adopting a law that she believes is forward
thinking. (1:16:00)
Robert Sternberg, resident of Huntington Beach, spoke in opposition to any development of
Costco/Ripcurl projects between the City, Golden West Community College and Costco. He
reported attending this evening's study session on the City's Housing Element and described in
detail the Housing Element as it relates to the proposed project. He
discussed potential negative impacts to immediate neighborhoods, and
expressed concerns of the lack of open space proposed. (1:16:52)
Elizabeth Oreck spoke in support of a spay/neuter and microchip program, stating her opinion
that this ordinance is a responsible solution to the overcrowded animals at the shelters. As a
former shelter worker, she reported what she considered were horrible conditions. (1:19:56)
Sharon Hayhoe, resident of Santa Ana, spoke in favor of a spay/neuter and microchip program,
describing the flooding of illegal breeders, not to be compared to those breeders who are
responsible. (1:21:26)
Cheryl Thomason, resident of Rancho Santa Margarita and dog rescuer of two agencies,
spoke in support of a spay/neuter and microchip program, describing the pets dumped at the
shelters and the number of older dogs who are not valued by adopting families. She urged the
Council to support this ordinance. (1:23:57)
November 5, 2007 - CounciVAgency Minutes - Page 9 of 28
Bill Hemby, representing PetPAC and Chairman of POWER (Pet Owners Want Equal Rights),
spoke in opposition to any spay/neuter and microchip program, referencing the statewide
opposition to the proposed mandatory ordinance. He described himself as a responsible
breeder and believes the increased fees proposed for the mandatory spay/neuter program will
result in more animals euthanized. He believes Council should support "No Kill" programs such
as the City of Los Angeles. (1:26:26)
Carol Hamilton, POWER, spoke in opposition to any spay/neuter and microchip
program, stating her doubt of the success of the recently passed ordinance by the City of Santa
Cruz. In her opinion, she believes microchipping an animal could cause death, and that a
conflict of interest exists by the Councilmembers who are supporting the ordinance. She urged
everyone to read the book, "Redemption: The Myth of Pet Overpopulation and the No Kill
Revolution in America." (1:29:40)
Mary Bradley, POWER, spoke in opposition to any spay/neuter and microchip program,
referencing that all members of her dog club agree to include mandatory spay/neuter
language in all of their contracts. She stated her opinion that a mandatory spay/neuter
ordinance would not accomplish reducing overcrowded conditions in shelters. (1:32:55)
Becky Morse spoke in opposition to any spay/neuter and microchip program, in particular, as it
pertains to breeders' rights. (1:37:00)
Mayor Pro Tem Cook addressed the public as a point of clarification. She expressed her
confusion as to why the public speakers' comments included reference to "a fee," since there is
no fee included in the proposed ordinance, only to be established at another time in open
session. If a differential fee is determined, (for those who choose to keep their dogs un-
neutered), a higher fee would be required, different from a mandatory spay/neuter fee and not
yet discussed by Council.
Debbie Bent, POWER, spoke in opposition to any spay/neuter and microchip program, stating
her opinion that it violates the constitutional rights of responsible citizens of Huntington Beach.
(1:37:25)
Diane Amendola, resident of Huntington Beach and dog rescuer, spoke in opposition to any
spay/neuter and microchip program, and she believes education is always the answer and
believes Huntington Beach has the highest license fee already. (1:41:38)
Allen Baylis, POWER, spoke in opposition to any spay/neuter and microchip program,
questioning the structure of the proposed fee schedule and the increased tax. He urged Council
to listen to the majority of residents in Huntington Beach by defeating Ordinance 3787.
(1:44:45)
Cindy Farrington, POWER and resident of Huntington Beach, spoke in opposition to any
spay/neuter and microchip program, urging Council to let pet owners make the
individual/personal choice to spay/neuter their animals. In her opinion, the fees proposed would
be a financial burden to many families and she believes there is not enough information on
microchipping to require it. (1:48:00)
November 5, 2007 - Council/Agency Minutes - Page 10 of 28
Toby Bloom, POWER and dog breeder since 1980, spoke in opposition to any spay/neuter and
microchip program and provided suggestions on how to reduce cat reproduction. She also
discussed her opinion that the proposed ordinance may inhibit the future breeding of guide
dogs. (1:50:35)
Teddi Alves, POWER, resident of Huntington Beach, spoke in opposition to any spay/neuter
and microchip program. She voiced resentment to Council for dictating responsibilities to pet
owners, and disputed the fees associated with the proposed schedule. (1:52:53)
Richard Truong, resident of Huntington Beach and Bull Dog Club Rescue volunteer, spoke in
opposition to any spay/neuter and microchip program, stating that decisions to spay/neuter
should be left up to the individual pet owners. He stated that although microchips can be
valuable, voluntary programs would be a more effective option for pet owners. (1:55:46)
Marie Carriere, resident of Huntington Beach, spoke in opposition to any spay/neuter and
microchip program, and urged Council not to support it. (1:57:31)
Nancy Nichols spoke in opposition to any spay/neuter and microchip program, stating doubt
that this ordinance will reduce the number of pets in shelters. She urged Council to support an
education program as opposed to penalizing responsible pet owners. (1:58:00)
Doug Bacon, POWER and resident of Huntington Beach, spoke in opposition to any
spay/neuter and microchip program since he believes there are no statistics to
support overpopulation in Huntington Beach of stray animals. In his opinion, the proposed
ordinance is unjust, and infringes upon his constitutional rights. (2:01:15)
Mort Evans, POWER, spoke in opposition to any spay/neuter and microchip program, and
believes it is a violation of his rights as a dog owner. It is his opinion that responsible pet
owners will be penalized by this ordinance. (2:02:53)
Bobby Ray, POWER, spoke in opposition to any spay/neuter and microchip program, referring
to submitted copies of exhibits regarding the proposed Ordinance 3787. He voiced concerns
about violating citizens' property rights, and the potential risks of surgical procedures for pets.
(2:04:35)
Tom Lash, resident of Huntington Beach, thanked the Council for providing a forum whereby
residents can voice their shared concerns. He presented Council with reasons why they
should preserve democracy, and referred to the "basics" of teaching to present information
to gain a better understanding of the reasons why Council should support placing a resolution
on an agenda to impeach President George W. Bush and Vice -President Dick Cheney. He
expressed his desire to bring our troops home from the war. (2:07:06)
Keith Lezzatte, resident of Costa Mesa and POWER representative, spoke in opposition to any
spay/neuter and microchip program, stating that adopting such an ordinance would only affect
responsible pet owners who already register and spay/neuter their animals. He believes that
overpopulation exists because of animals brought in from pet mills ultimately end up left behind
or in the shelters. (2:10:15)
November 5, 2007 - Council/Agency Minutes - Page 11 of 28
Susan Murphy, POWER, dog owner and purebred breeder, spoke in opposition to any
spay/neuter and microchip program, voicing concerns about pet owners who might go
underground and thereby not vaccinate and/or license their pets, creating long-term health
issues associated in those actions. (2:12:15)
Steve Stafford, resident of Huntington Beach, spoke in opposition to microchipping of animals,
stating that a better alternative would be the computer chips currently offered by insurance
companies that attach to the animals' collars, eliminating the risks of surgery. (2:13:48)
Charlean Allen, resident of Huntington Beach, spoke in support of a spay/neuter and microchip
program, and voiced concern over the number of pets that continue to be euthanized. She
referenced the ads in the local paper that advertised "designer' bred dogs for sale, and urged
Council to support the ordinance. (2:15:25)
Mayor Pro Tern Cook announced that Council has the authority to set fees in a wide range of
areas; one being to keep existing fees exactly where they are, and maybe implement subsidized
rate for those owners who have their animals fixed and/or microchipped. As a point of
clarification, she reiterated that the proposed ordinance is not mandatory and would only set a
differential fee.
Lisa Wagner, teacher and volunteer of the Newland Shelter, spoke in support of a spay/neuter
and microchip program, with the goal to eliminate the vast number of animals that are turned
into shelters by owners. She addressed the conflicting statistics expressed this evening by
proponents on both sides of this issue. (2:20:10)
Vern Nelson, urged Council to consider placing a resolution on an agenda to impeach
President George W. Bush and Vice -President Dick Cheney, to investigate what he considers a
"secretive" administration. He stated his opinion that this is a non -partisan issue and reasons to
support a resolution. (2:23:30)
Karen Chepeka, resident and President and founding member of Save our Strays (SOS)
of Huntington Beach, first announced her organization is not affiliated with PETA (People for the
Ethical Treatment of Animals), as earlier reported by a speaker. She voiced SOS's support of a
mandatory spay/neuter ordinance since there already exists an incentive -based licensing
program through Orange County Animal Care Services. She reported that of the approximately
43,000 dogs in Huntington Beach, approximately 16,000 dogs, or 38%, are licensed. Of those
licensed, 10% are not altered. Using this formula, approximately 4,300 dogs are not
spay/neutered, exclusive of cats. She urged Council to protect animals with no voice. (2:26:35)
Mike Fails, Junior at Edison High School and State lifeguard, spoke in support of a spay/neuter
and microchip program, in an attempt to eliminate the growing numbers of unwanted and
dumped pets that filter into the system. (2:28:43)
Linda Lethin, POWER and president of a purebred dog club, spoke in opposition to any
spay/neuter and microchip program, describing the increased number of dogs who are coming
into the shelters from underground sources, not local areas. It is her opinion that passing this
ordinance will not target irresponsible pet owners. (2:30:35)
November 5, 2007 - CounciVAgency Minutes - Page 12 of 28
Linda Crossley, resident of Huntington Beach, spoke in support of a spay/neuter and microchip
program. She discussed the health benefits and emotional stability attributed to the spay/neuter
process. She urged Council to support the ordinance. (2:32:35)
Tim Geddes, resident of Huntington Beach, spoke in opposition to microchipping cats,
describing it as a drastic measure to remedy the safety issues and protect the welfare of cats.
(2:35:01)
Randy Crossley spoke in favor of a spay/neuter and microchip program, discussing the similar,
successful ordinance and programs adopted in New Jersey from where he has recently
relocated. (2:37:35)
Johnna Lipuma, educator of Long Beach Unified School District, spoke in favor of a
spay/neuter and microchip program, urging Council to support it as the fiscally and morally right
thing to do. (2:40:47)
Jonathan Lazar, resident of Huntington Beach, reported his attendance at a City Beautification,
Landscape and Tree (BLT) meeting, during which photos of the planted parkway in front of his
house were shown and discussed. Subsequently, he disputes language in the City's Tree
Management Plan where it references that trees could be planted 50 linear feet "or less" apart.
He requested Council's immediate action to this matter since the three trees planted in his
parkway were scheduled for removal by the City the next day. (2:41:20)
Jack Brooks, spoke in opposition to any spay/neuter and microchip program, referencing the
financial burden of altering his dog and what he considered to be the outrageous fees proposed
by Huntington Beach compared to fees charged by neighboring cities. He suggested that
Councilmember Bohr recuse himself from voting on this issue as he potentially has a conflict of
interest due to his wife's affiliation with Save Our Strays. He stated that he would sue the City if
they adopt mandatory microchipping of dogs. (2:44:27)
Nicholas Baker spoke in support of Mr. Lazar's comments made previously, pertaining to
the lack of notice and information available to homeowners regarding the City's Tree
Management Plan. In his opinion, the Plan should be shared with homeowners prior to
decisions made about tree removal and planting. Currently, he stated his opinion that
City employees are the only individuals who have access to the Tree Management Plan.
(2:47:31)
Judith Crumpton, resident of Long Beach, spoke in support of a spay/neuter and microchip
program. She urged Council to support the ordinance; in particular, she supports microchipping
animals to reunite pets with their owners. (2:49:27)
Judith Philpot, resident of Huntington Beach, spoke in favor of a spay/neuter and microchip
program. As a Pet Smart and Cat Center volunteer, she described the large number of animals
that are euthanized and her opinion that the problem has reached epidemic levels, urging the
public to rescue dogs and cats when possible. (2-51:23)
Patti Post, letter carrier, spoke in opposition to any spay/neuter and microchip program based
upon infringement of freedom of rights of choice by pet owners. (2:54:23)
November 5, 2007 - Council/Agency Minutes - Page 13 of 28
Patricia Rusko, resident of Westminster, spoke in opposition to any spay/neuter and microchip
program and believes government should not impose this law. (2:56:35)
Helen Weaver spoke in opposition to any spay/neuter and microchip program. She referenced
unfavorable study results of early spay and neutered animals. She believes dog breeders lose
money as opposed to making money as earlier reported. (2:57:40)
Catherine De Luca, resident of Huntington Beach, dog breeder, trainer and owner, spoke in
opposition to any spay/neuter and microchip program, and objects to the invasion of
government into the rights of pet owners. She believes the majority of Huntington Beach
residents do not want to pass the proposed ordinance, and urged Council to listen to the
majority of their constituents. (2:59:20)
Barbara Brown, resident of Huntington Beach, spoke in opposition to any spay/neuter and
microchip program. She described the variety of dogs that she currently owns (altered and not
altered), and addressed exemptions for maintaining intact animals and the associated fees.
She voiced objection to lowering the age to four months for spay/neuter. She opposes the
argument that spay/neuter dogs are less likely to stray, and voiced concerns
about providing personal information required for microchip process that might land in the wrong
hands. (3:36:09)
Linda Kraemer, resident of Huntington Beach and animal rescuer, spoke in support of a
spay/neuter and microchip program, conveying that exhausted rescue groups have no more
space to keep dogs, cats and kittens. (3:05:41)
Don McGee spoke in support of the City's mobilehome conversion ordinance and urged Council
to defend the mobilehome owners' protection. (03:08:21)
Sandra Genis, resident of Costa Mesa, spoke in opposition to any spay/neuter and microchip
program. She described Costa Mesa's contract with Santa Ana's "No Kill" program, and stated
her objection to the principles of the proposed ordinance. It is her opinion, mandating
sterilization of puppies at four months of age or for service dogs is wrong. She believes the
ordinance would negatively affect breeders and force people to purchase dogs at puppy
mills. (03:12:33)
Lydia Savala, resident of Santa Ana, spoke in favor of a spay/neuter and microchip program
and identified differences of immigrants here from third -world countries that have a different
social status for their pets then we do. She stated that third -world cultures do not vaccinate or
spay/neuter their pets, and the pets are on the bottom of the social ladder, with little funds
available. She would prefer to have a reduced cost available to ensure spay/neuter as opposed
to euthanasia. (3:15:45)
Courtney Howe, pet rescuer, spoke in favor of a spay/neuter and microchip program,
describing the unfavorable conditions of shelters and the inclusion of purebred dogs that end up
there. She supports early spay/neuter because she believes it results in animals with a better
temperament, making them better pets. (3:18:05)
November 5, 2007 - Council/Agency Minutes - Page 14 of 28
Cathie Turner, Executive Director of POWER, spoke in opposition to any spay/neuter and
microchip program. It is her opinion that State -level statistics reported this evening are
incorrect. She urged Council to consider re -writing the ordinance. (3:21:17)
Lynnette Berker, resident of Westminster, spoke in opposition to any spay/neuter and
microchip program, and urged Council not to support an ordinance. (3:23:58)
Colleen McCammon, resident of Huntington Beach and representative of Animal Assistance
League, spoke in support of a spay/neuter and microchip program. She is a pet rescuer
and advised the public that animals captured from Huntington Beach go to the Orange County
Shelter. She discussed the benefits of microchipping animals and disputed comments made
regarding detrimental health issues associated with microchipping. (3:24:29)
Ralph Berker, resident of Westminster, spoke in opposition to any spay/neuter and microchip
program. He described the influx of puppies coming from outside the Huntington Beach
area, he believes puppy mills do not exist in Huntington Beach. He also stated that responsible
owners and breeders will be penalized by this legislative authority. (3:27:37)
Robert Ameeti, resident of Huntington Beach, spoke in favor of a spay/neuter and microchip
program. He thanked Council for taking on this issue and stated that he works with a guide dog
organization that monitors dogs who are spay/neutered and microchipped. He asked the
Council to support the ordinance from a rational perspective instead of an emotional one.
(3:29:47)
April Parmelee, POWER, spoke in opposition to any spay/neuter and microchip program for
dogs and cats. She breeds champion dogs and described extended time needed to
evaluate dogs before having them spayed or neutered. (3:32:30)
Les Middleman spoke in opposition to a joint venture between the City, Costco and Golden
West Community College. It is his opinion that a Costco on the Golden West College
property would destroy the College, and he advised Council that they are at risk for conspiracy
of development. He read an article from The Register newspaper dated October 1999,
pertaining to a protest by 100 citizens of a prior proposed development. (3:36:10)
(City Council) AB 1234 Disclosure Reporting
Report submitted by Mayor Pro Tern pursuant to AB 1234 and on file in the City Clerk's Office.
Report submitted by City Treasurer pursuant to AB 1234 and on file in the City Clerk's Office
Councilmember Green reported that she and Mayor Coerper attended the Metropolitan Water
District of Southern California and the Municipal Water District of the Orange County inspection
trip of the California State Water Project in the Sacramento/San Joaquin Delta on October 19
and 20. She also reported their attendance at the United States Conference of Mayors Seattle
National Climate Protection Summit on November 1 and 2.
Councilmember Bohr reported attending the League of Cities 2007-2008 Installation of Officers
Ceremony at Richard Nixon Library on October 18, and the City's Employee Halloween
Pancake Breakfast at Lake Park on October 31.
November 5, 2007 — Council/Agency Minutes — Page 15 of 28
Mayor Coerper discussed the information he received at the Conference of Mayors Climate
Protection Summit pertaining to climate protection and Green Building, and offered to share
the material with Council.
City Administrator's Report - None
(City Council) Reviewed and Accepted Shari L. Freidenrich, City Treasurer's September
2007 Investment Summary Report Titled City of Huntington Beach Summary of City
Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for September 2007
City Treasurer Shari Freidenrich announced that the City now accepts credit card payments at
no cost by telephone and online for utility services and parking tickets, and invited the public to
visit the City's website to review all payment option programs available.
Treasurer Freidenrich gave a PowerPoint presentation on the Monthly Investment Report for
September.
A motion was made by Green, second Hardy to accept the Monthly Investment Report entitled
Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
September 2007, pursuant to Section 17.0 of the Investment Policy of the City of Huntington
Beach. The motion carried by the following roll call vote:
AYES: Cook, Carchio, Coerper, Bohr, Green, Hansen, and Hardy
NOES: None
(City Council/Redevelopment Agency) Adopted City Council Resolution No. 2007-75 and
Redevelopment Agency Resolution No. 370, Approving and Adopting the Fiscal Year
2007/2008 Statement of Investment Policy
Treasurer Freidenrich gave a PowerPoint presentation.
A motion was made by Green, second Hansen to City Council Action: 1) Approve and adopt
Resolution No. 2007-75, "A Resolution of the City Council of the City of Huntington Beach
Approving the Statement of Investment Policy for 2007/2008, " and Redevelopment Agency
Action: 2) Approve and adopt Resolution No. 370, 'A Resolution of the Redevelopment
Agency of the City of Huntington Beach Approving the Statement of Investment Policy for
200712008." The motion carried by the following roll call vote:
AYES: Cook, Carchio, Coerper, Bohr, Green, Hansen, and Hardy
NOES: None
City Attorney's Report of Litigation Filed - None
City Attorney Status Report - Mobile Home Conversion Ordinance
City Attorney Jennifer McGrath announced that the case challenging the Mobilehome
Conversion Ordinance has been dismissed, subject to a tolling agreement between the City and
the plaintiffs in that case. As a condition of the tolling agreement, all of the arguments stay in
place and both sides agree not to invest more money litigating the case but instead to spend
more time negotiating a potential resolution of the case without litigation. Any potential
November 5, 2007 - Council/Agency Minutes - Page 16 of 28
resolution or modification to the zoning code would go through the public process, which would
include Planning Commission and City Council review. Mayor Coerper thanked Attorney
McGrath for her report.
(City Council) NO ACTION NEEDED OR TAKEN ON THIS ITEM - Appeal by the
Huntington Beach Beer Company of the Revocation of the Entertainment Permit for
Huntington Beach Beer Company located at 201 Main Street (Continued from the October
15, 2007 Council Meeting)
City Clerk Flynn reported that the public hearing was opened and closed on this item at the City
Council meeting of October 15, 2007, October and that a communication had been received
from the Chief of Police and was part of the agenda packet, indicating a Settlement Agreement
has been reached and there is no additional Council action necessary for this public hearing.
Chief of Police Ken Small reported that, based upon the conversations held at the last City
Council meeting, the Police Department and business owner of the Huntington Beach Beer
Company have reached an agreement and no further action is required by Council at this time.
(City Council) Public Hearing Held - Approved Zoning Text Amendment (ZTA) No. 07-003
and Approved for Introduction Ordinance No. 3788 Amending Chapters 204 and 212 of
the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Deleting All
References to Medical Marijuana Dispensaries in Order to be Consistent With Federal
Law, Which Considers Medical Marijuana Dispensaries Illegal
Communication from the Director of Planning transmitting the following
Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 07-
003, which is a request to amend Chapters 204 and 212 of the Huntington Beach Zoning and
Subdivision Ordinance (HBZSO) to delete all references to medical marijuana dispensaries.
This zoning text amendment was initiated pursuant to an H-Item from Mayor Coerper, which
was approved by the City Council in July 2005. Both the Planning Commission and Staff
recommend approval of the request which will allow the HBZSO to be consistent with federal
law, which considers medical marijuana dispensaries illegal.
NOTICE IS HEREBY GIVEN that on Monday, November 5, 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 item: ZONING TEXT AMENDMENT NO. 07-003
(MEDICAL MARIJUANA DISPENSARIES) Applicant: City of Huntington Beach
Request: To amend Chapters 204 and 212 of the Huntington Beach Zoning and Subdivision
Ordinance to delete all references to medical marijuana dispensaries.
Location: Industrial Districts Citywide
Project Planner: Ricky Ramos
City Administrator Culbreth-Graft called on Ricky Ramos, Associate Planner, and Ken Small,
Chief of Police to provide staff reports. Planner Ramos gave a PowerPoint presentation, which
included the following information: Background, Analysis, Planning Commission and Staff
Recommendation. Chief Small gave a PowerPoint presentation that included the following
November 5, 2007 — CounciUAgency Minutes — Page 17 of 28
information: Proposition 215 and Senate Bill 420 (2003), What Has Happened Since 1996,
Adverse Community Impacts, How Dispensaries Operate, photographs of candies, sodas, pop
tarts that include marijuana.
Mayor Coerper called on John Scandura, Planning Commission Chair, who gave an oral report
of the Planning Commission findings during its consideration of this land -use policy issue.
Mayor Coerper declared the public hearing open.
City Clerk Flynn restated for the record the following communication received on this item:
Communication submitted by Norm "Firecracker" Westwell, dated November 5, 2007 stating his
opinion pertaining to item D-2.
Robert Cade, a former police officer in another state, advised Council of his recent glaucoma
surgery. Post surgery, he obtained a prescription from a doctor for the use of medical
marijuana, and following use, has had no pain in the affected eye since. He also stated that the
need to have surgery on his other eye has been eliminated.
Joe Fletcher spoke in favor of the issuance of medical marijuana and challenged Chief Small's
statistical report. His voiced concerns that Council's action would illegally ban medical
distributions; would overturn the state's decision allowing legal possession and cultivation of
marijuana in California, and would ignore the consensus of the voters in 1996 allowing people
the right to access safe marijuana.
Marla James, resident of Huntington Beach, introduced herself as an amputee with flesh eating
bacteria disease and a patient of medical marijuana for pain relief. In her opinion, the Planning
Commission did not have sufficient information available to them before making its decision on
this matter. She voiced her desire for Council to review Senate Bills 420 and 215, and
advised Council that next month, medical marijuana cards are being issued to patients by the
County of Orange Health Department. She also indicated that the County Board of Supervisors
recently tabled the ban on County dispensaries due to lack of sufficient information.
William Britt, Director of Association of Patient Advocates, stated that he represents many
residents of Huntington Beach systems who are trying to obtain medical marijuana, many
without success and who remain in pain. He voiced disappointment that a large number of
State -approved safe and affordable distribution centers have never opened. He referenced
Article Section 3.5 of the California Constitution, which, in his opinion, categorizes
Councilmembers as State officials to adhere to State law, regardless of Federal law. He
reported that in unincorporated areas of Los Angeles, the Board of Supervisors
recently elected to implement guidelines for medical marijuana instead of proposing bans.
David James, resident of Huntington Beach, categorized medical cannabis dispensaries as
good neighbors. He referred to the protection of rights under Senate Bill 420 for qualified
medical marijuana patients. He read statements from various cities with medical cannabis
dispensaries, including Santa Rosa and Santa Cruz that report a decline in criminal activity
since the passage of its ordinances, with strict guidelines implemented and Police Department
enforcement.
November 5, 2007 - Council/Agency Minutes - Page 18 of 28
Allen Baylis voiced his opinion of medical marijuana being a state's rights issue. He believes
that proper regulation can take care of the types of problems identified in Chief Small's
presentation. In his opinion, the Federal government has no business interfering in this State
law issue, and he urged Council to be the legislative body to defend this State law issue.
There being no further persons present to speak on the matter and there being no further
protests filed, either written or oral, the Mayor closed the public hearing.
Councilmember Carchio asked Chief Small for his opinion as to why there appears to be a
drastic difference between the intent of laws passed to assist medically ill patients qualified for
medical marijuana, compared to the negative aspects of the facilities illustrated in the Chief's
report. Chief Small indicated that, in hindsight, the initiative was determined to be poorly
written, people who do illegal things found loopholes, and people who are making money off it
are involved. Chief Small voiced the Police Department's concern to protect citizens, and
various aspects of dispensaries in Orange County were discussed. He noted that Senate Bills
identify that these dispensaries cannot be for -profit businesses, and discussion ensued
regarding cultivation that has escalated out of control, making it impossible to protect the
citizens. It was noted that Senate Bill 420, which passed in 2003, attempted to identify who is
going to police the dispensaries, but for all reasons identified in discussion, it has now
become impossible to enforce.
Councilmember Green asked City Attorney McGrath to explain jurisdictional implications when
two laws (Federal and State) are in conflict on an issue. Attorney McGrath stated that typically,
Federal law would pre-empt State law, but in this case, there is no State law mandating that the
City provide for the dispensaries.
Councilmember Hardy asked if Council had previously adopted permissions to regulate
restrictions on medical marijuana dispensaries. Attorney McGrath responded that in
March 2005, Council adopted regulations to permit dispensaries, subject to certain location
restrictions. Discussion ensued regarding the prior moratorium and subsequent prohibition
actions taken by the Council. Attorney McGrath identified mandatory restrictions and
subsequent case law supports the City's position for action this evening.
Mayor Pro Tern Cook clarified with Chief Small that no dispensaries were located in Huntington
Beach, and asked staff that given the restrictions in place, how many dispensaries could be
permitted. Planning Director Scott Hess responded that he did develop a map a few years ago
with GIS, which he believes allowed 10-13 facilities in the industrial zones. Mayor Coerper
asked if the City of Anaheim has recently reported problems with their medical marijuana
dispensaries. Chief Small indicated that he reviewed materials prepared for their City Council in
anticipation of their prohibition of dispensaries, and based upon the material reviewed, there
seemed to be similar concerns. When asked further questions of management and crime
activity, Chief Small reiterated the adverse impacts noted previously in his slide presentation.
Based on the research Chief Small conducted, he believes there would be tremendous negative
impacts if a dispensary was permitted here in Huntington Beach.
Councilmember Hansen indicated that many cities are feeling the consequences of an initiative
process that was not crafted well. He expressed sympathy for pain sufferers, but stated that
proponents of legalized medical marijuana have used this Bill to dodge the system in greater
numbers than Huntington Beach can support.
November 5, 2007 — Council/Agency Minutes — Page 19 of 28
Councilmember Green voiced compassion for individuals who rely on medical marijuana to
alleviate pain and suffering. She believes the solution might be to address the imperfections in
the law, as opposed to having a dispensary in Huntington Beach that might put persons at risk
of being in an illegal situation.
A motion was made by Hansen, second Green to 1) Approve Zoning Text Amendment (ZTA)
No. 07-003 with Findings for Approval; and 2) Approve for Introduction Ordinance No. 3788,
'An Ordinance of the City of Huntington Beach Amending Chapters 204 and 212 of the
Huntington Beach Zoning and Subdivision Ordinance Pertaining to Medical Marjuana
Dispensaries." The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Coerper, Green, and Hansen
NOES: Cook, and Hardy
(City Council) Administrative Hearing Held - Adopted Resolution No. 2007-74 Approving
Certification of Special Assessments for Collection of Delinquent Civil Fines for
Municipal Code Violations
Communication from the City Attorney transmitting the following
Statement of Issue: NOTICE IS HEREBY GIVEN that an Administrative Public Hearing will be
held by the City Council of the City of Huntington Beach in the City Council Chambers, 2000
Main Street, Huntington Beach, California, 92648 at the hour of 6:00 p.m. or as soon thereafter
as possible, on November 5, 2007 to consider the adoption of proposed Resolution entitled "A
Resolution of the City Council of the City of Huntington Beach Certifying Special Assessment for
Collecting Delinquent Civil Fines for Municipal Code Violations."
A copy of the proposed Resolution is on file in the City Clerk's Office, 2000 Main Street,
Huntington Beach 92648, for inspection by the public on November 1, 2007.
An administrative hearing is required by the Huntington Beach Municipal Code 1.18. Only
property owners are entitled to speak at an administrative hearing. All other interested parties
may speak at regular public comment at beginning of the meeting. Written communications to
the City Council may also be mailed to the City Clerk.
City Clerk Flynn restated for the record the following communication received on this item
Communication submitted by Antonio A. Cota of the Law Office of Antonio A. Cota, dated
November 2, 2007, titled Lorbeer, Wm.; Cite Nos. BD64486, BD62793; BD64619, etc., Request
for Continuance of Administrative Hearing. (Collection of Delinquent Civil Fines)
City Administrator Culbreth Graft called on Attorney McGrath who addressed the certification
of civil fines that remain outstanding, that will be placed as liens against the property taxes to be
paid with the property taxes. She indicated that Building and Planning staff are available to
answer any questions on specific violations identified in the staff report and resolution.
Mayor Coerper declared the administrative hearing open.
November 5, 2007 — Council/Agency Minutes — Page 20 of 28
Antonio A. Cota, Attorney for Lorbeer Enterprises, asked Council to delay taking action on this
item as it pertains to his client Lorbeer Enterprises at 4937 and 4955 Warner Avenue. Mr. Cota
discussed his recent involvement in the case, and a brief cursory discussion with Attorney
McGrath. He discussed the complicated nature of the case, since it appears that the violations
cited were caused by tenants on the properties. He also questioned whether his client received
proper notification in accordance with the Huntington Beach Municipal Code and described his
clients objections to fines levied against them by actions imposed by a third party. Mr. Cota
stated that the Lorbeer's support an infraction prosecution against the persons responsible for
the violations, and he urged Council to grant him 30 days to allow further discussion with the
City in an attempt to bring this issue to final resolution.
Councilmember Hansen asked Mr. Cota if a standard commercial lease is in place on the
properties in which the allegations of tenant violations is occurring, indicating that a triple -net
clause would be built into the agreement that would indemnify the property owner of the
charges filed against the tenant. Having not seen the agreement, Mr. Cota was unable to
comment. Councilmember Hansen asked for clarification of penalties on specific violations.
Director of Building and Safety Ross Cranmer mentioned the various violations
cited including property line situations, holes in walls across property lines, and mezzanines
used for offices instead of storage.
Councilmember Green asked if public safety issues are presented here. Director
Cranmer indicated that property line issues and the frequency of exiting at the mezzanines
being used for offices opposed to storage usage could present public safety issues. It was
determined that waiting an additional 30 days to discuss the matter further would be acceptable.
There being no further persons present to speak on the matter and there being no further
protests filed, either written or oral, the Mayor closed the administrative hearing.
A motion was made by Hansen, second Green to adopt Resolution No. 2007-74, "A Resolution
of the City Council of the City of Huntington Beach Certifying Special Assessments for
Collection of Delinquent Civil Fines for Municipal Code Violations, "except Lorbeer Enterprises -
violations which have been deferred to December 17, 2007, for action. The motion carried by
the following roll call vote:
AYES: Carchio, Coerper, Bohr, Green, Hansen, and Hardy
NOES: None
ABSENT/OUT OF ROOM: Cook
Consent Calendar
A motion was made by Green, second Bohr to approve the following items on the Consent
Calendar by affirmative roll call vote. The motion carried by the following roll call vote:
AYES: Cook, Carchio, Coerper, Bohr, Green, Hansen, and Hardy
NOES: None
(City Council/Redevelopment Agency) Approved Minutes - Approved and adopted the
minutes of the City Council/Redevelopment Agency regular meeting of October 15, 2007 as
amended by Late Communication submitted by the City Cleric.
November 5, 2007 - Council/Agency Minutes - Page 21 of 28
(City Council) Approved Naming a Two -Acre Park Being Developed as Part of the John
Laing Homes Newland Street Residential Project as the "Ralph Bauer Park," Located
Northwest of Newland Street and Hamilton Avenue - Approved naming the park northwest
of Newland Street and Hamilton Avenue the "Ralph Bauer Park," as recommended by the
Community Services Commission. Submitted by the Director of Community Services Funding
Source: Not applicable.
(City Council) Approved Amendment No. 1 to Cooperative Projects Program Contract
No. CP-0501 with the Orange County Sanitation District (OCSD) to Extend the Term of the
Original Contract an Additional Nine Months Allowing the Completion of the 2006/2007
Sewer Rehabilitation Project Project CC-1252, and Authorize the Mayor and City Clerk to
Execute the Agreement - Approved and authorized the Mayor and City Clerk to execute
Amendment No. 1 to Cooperative Projects Program Contract No. 0501. Submitted by the
Acting Director of Public Works, Engineering. Funding Source: No funding required for this
action. The approved grant amount is $201,153.
(City Council/ Redevelopment Agency) Approved the Sale of a City -Owned Parcel
Located at 18451 Patterson Lane, APN 157-341-22, in the Amount of $522,500 to the
Redevelopment Agency to Utilize for an Affordable Housing Project; Authorized the
Mayor and City Clerk to Execute and Record the Grant Deed - City Council
Recommended Action: Approved the sale of the parcel at 18451 Patterson Lane to the
Redevelopment Agency for $522,500 and authorized the Mayor and City Clerk to execute the
deed from the City to the Redevelopment Agency and send to the County for recordation after
the Agency Clerk has affixed the acceptance Certificate of the Redevelopment Agency.
Redevelopment Agency Recommended Action: Authorized acceptance of the deed by the
Redevelopment Agency. Submitted by the Director of Economic Development/Deputy
Executive Director and the Acting Director of Public Works, Engineering. Funding Source:
Redevelopment Agency Housing Set -Aside Fund, Account 30680301 as budgeted in Fiscal
Year 2007/08.
(City Council) Approved a Three -Year Professional Services Contract with MuniServices,
LLC in an Amount Not -to -Exceed $191,250 for Utility Users Tax Compliance Review,
Revenue Recovery, and Consulting Services - Approved a three-year Professional Services
Contract Between the City of Huntington Beach and Muniservices, LLC for Utility Users Tax
Compliance Review, Revenue Recovery and Consulting Services, not -to -exceed $191,250.
Submitted by the Director of Finance. Funding Source: Funds are budgeted in the Fiscal Year
2007-08 adopted budget, account 10035206.69365. Funds for future years will be budgeted
accordingly.
(City Council) Approved an Agreement Between the County of Orange and City of
Huntington Beach to Accept and Transfer Funds for the Department of Justice's Federal
Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program;
Approved Appropriation of up to $23,023; and, Authorized the Police Chief to Execute the
JAG Grant Agreements on the City's Behalf - 1) Approved and accepted the JAG Grant
between the County of Orange and the City of Huntington Beach for federal fiscal year 2007;
and, 2) Authorized the Chief of Police to execute on the City's behalf the Federal 2007
Agreement to Transfer Funds for 2007 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program between the County of Orange and the City of Huntington Beach that are approved as
to form by the City Attorney; and, 3) Approved the appropriation of up to $23,023 to be fully
reimbursed by the grant from the Department of Justice via the County of Orange. Submitted
November 5, 2007 - Council/Agency Minutes - Page 22 of 28
by the Chief of Police. Funding Source: Grant funds not anticipated in the original Fiscal Year
City budget, estimated to be $23,023, will be fully reimbursed by the grant from the Department
of Justice. No other matching or in -kind City funds are required for this grant. A new business
unit will be established for this funding.
(City Council) Approved Pacific City's Water Quality Management Plan (WQMP)
Submitted by the Developer, Makallon Atlanta Huntington Beach, LLC, and Authorized
the Director of Public Works to Accept Future Addendums to the WQMP Prior to
Issuance of Precise Grading Permits for Each Subsequent Phase of this Project - 1)
Approved Pacific City's Water Quality Management Plan; and, 2) Authorized the Director of
Public Works to accept future addendums to the Water Quality Management Plan prior to
issuance of Precise Grading Permits for each subsequent phase of the project. Submitted by
the Acting Director of Public Works, Engineering. Funding Source: Not applicable.
(City Council) Adopted Resolution No. 2007-72 Recognizing that the State of California is
in a Drought Condition, Establishes Policies and Procedures in Support of Water
Conservation, and Identifies the Authority of the City Administrator and Public Works
Director to Implement a Voluntary Drought Management Program per Huntington Beach
Municipal Code (HBMC) Chapter 14.18 - Adopted Resolution No. 2007-72, "A Resolution of
the City Council of the City of Huntington Beach Establishing Policies and Procedures in
Support of Water Conservation. " Submitted by the Acting Director of Public Works, Operations.
Funding Source: Not applicable. Reduced water sales will result in reduced revenue;
however, the City's water rates are designed based on the cost of service. Therefore, savings
realized from avoided water purchases and production offset the loss of sales revenue.
Councilmember Green asked for clarification of language in the staff report pertaining
to reduced water sales will result in reduced revenue; however, the City's water rates are
designed based on the cost of service. Therefore, savings realized from avoided water
purchases and production offset the loss of sales revenue. Dave Webb, Acting Director of
Public Works, Operations discussed the various components of the water bills, including the
meter charges and commodity charges. He described the process of buying or pumping
water, associated costs and the net savings that offsets the cost of purchasing water that we
didn't pump.
A motion was made by Green, second Hansen to adopt Resolution No. 2007-72, "A Resolution
of the City Council of the City of Huntington Beach Establishing Policies and Procedures in
Support of Water Conservation. " The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
(City Council) Adopted Resolution No. 2007-73 Approving Plans and Specifications for
the Construction of the East Garden Grove-Wintersburg Channel Emergency Project to
Place Steel Sheet Pile into the Existing Flood Control Levee Located 3700 Feet
Downstream of Graham Street to Graham Street by the Orange County Resources and
Development Management Department - Adopted Resolution No. 2007-73, "A Resolution
of the City Council of the City of Huntington Beach Approving Plans and Specifications for the
Construction of East Garden Grove-Wintersburg Channel Emergency Project from 3700 Feet
Downstream of Graham Street to Graham Street by the Orange County Resources and
Development Management Department and Funded by the Orange County Flood Control
November 5, 2007 - Council/Agency Minutes - Page 23 of 28
District." Submitted by the Acting Director of Public Works, Engineering. Funding Source: Not
required for this action.
Mayor Coerper asked staff for an update on this item and he reported that he read the email
received from City employee Julie Bixby on this item.
Travis Hopkins, Acting Director of Public Works, Engineering reported that on October 16, 2007,
the Orange County Board of Supervisors declared an emergency to repair the Wintersburg
Channel, severely damaged through storms experienced in 2005. The contractor has
begun working on this repair and public contract code requires the Flood Control District to get
approval from the agency where the work is being performed. Planning Director Hess indicated
this is a stopgap emergency measure and that Shea Homes will make the channel
improvements beyond what the County is proposing.
A motion was made by Coerper, second Green to adopt Resolution No. 2007-03, "A
Resolution of the City Council of the City of Huntington Beach Approving Plans and
Specifications for the Construction of East Garden Grove-Wintersburg Channel Emergency
Project from 3700 Feet Downstream of Graham Street to Graham Street by the Orange County
Resources and Development Management Department and Funded by the Orange County
Flood Control District. " The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
(City Council) Ordinance 3787 for Introduction - STRAW VOTE ACTION ONLY - RETURN
FOR REINTRODUCTION ON DECEMBER 17. Revised Ordinance Amending Title 7 of the
Huntington Beach Municipal Code By Adding Chapter 7.10 Relating to Spay, Neuter and
Microchip for Dogs and Cats.
Communication submitted by the Chief of Police transmitting the following
Statement of Issue: In April 2007, the City Council passed an "H-Item" directing staff to
research the costs and other issues associated with adopting a spay, neuter and microchip
ordinance similar to the one in Los Angeles County. On September 4, 2007, following a staff
report, the City council directed staff to draft a Spay, Neuter, and Microchip Identification
Ordinance. The purpose of this ordinance would be to reduce uncontrolled breeding of dogs
and cats in the City of Huntington Beach. Additionally, microchipping provides a reliable method
to identify pets for a successful owner reunification process. Fewer stray and abandoned dogs
and cats can improve public safety and reduce the euthanasia of strays picked up in Huntington
Beach by Orange County Animal Care Services (OCACS).
Councilmember Hansen voiced concerns of the cost of implementing the program. The
analysis indicates that the allocated $50,000 will not be adequate. He asked what the actual
costs anticipated would be, how the City intends to enforce the program, and what the City will
get for the money spent. Councilmember Bohr gave a brief description of the education process,
anticipated, and the expectation to stay within the allocated $50,000. He then asked Director
Phillips, to come forward to respond to Councilmember Hansen's specific questions related to
program costs. Director Phillips gave a brief historical update from when the agency was first
contacted to assist Huntington Beach to date.
November 5, 2007 - Council/Agency Minutes - Page 24 of 28
Councilmember Bohr thanked staff for their indulgence in this lengthy process and
expressed hope that Huntington Beach can provide leadership countywide by adopting this
ordinance. He addressed opposing comments/statistics presented this evening and in prior
meetings pertaining to the proposed ordinance.
Jennifer Phillips, Director of Orange County Animal Care, reiterated her intent to provide a
variety of options for Council to consider necessary, including personnel to implement the
program for the first year, and options to reduce costs once the program gets underway.
Councilmember Hansen voiced his belief that the delivery of service by Orange County Animal
Care would have a real cost not anticipated yet.
Councilmember Green identified the number of speakers who spoke in favor and in
opposition to the proposed spay/neuter ordinance. She questioned how the City of Huntington
Beach got involved in what she considers to be a County issue, and it was clarified that Orange
County Animal Control requested the City's enforcement of the County code. Discussion
ensued regarding the best age to spay/neuter, exempt versus non-exempt animals,
and potentials for fee waivers. Councilmember Green addressed the public speakers who
indicated to Council that this action violates their constitutional rights, by referring to costs borne
by all taxpayers for euthanization.
Mayor Pro Tern Cook asked Director Phillips to verify the County's fees charged for altered
animals versus unaltered animals, which was clarified at $23 for altered dog license and $95 for
unaltered dog license, with no exemption for breeders. Mayor Pro Tern asked for clarification
of distinction of benefits between the intent of the proposed ordinance versus raised fees
charged for unaltered animals. She asked if the additional fees collected could be used to help
people spay/neuter their animals and Director Phillips responded that Council has the discretion
of how it wants to spend those funds. Mayor Pro Tern Cook voiced her goals of reducing the
number of animals killed and reducing the fee as an incentive for pet owners who want to
spay/neuter and/or microchip their animals.
Councilmember Carchio asked Director Phillips to speculate on what she believes to be
the actual cost of implementing the educational and enforcement elements of the proposed
program, and he expressed his desire of a reduced fee schedule offered to senior citizens.
Director Phillips reiterated the cost allocation of $50,000 for the program cost and
responded that currently seniors could receive a reduction for altered dogs only.
Councilmember Bohr stated his concurrence of a tiered -fee structure suggested by Mayor Pro
Tern Cook.
Discussion ensued of potential rate options for described services, including a tiered -fee
structure incentive program. Attorney McGrath indicated that Council should emulate the
County's language/ordinance. Director Phillips identified exempted dogs as guide dogs,
assistance dogs, working dogs, police dogs, but not therapy or competition dogs.
Attorney McGrath discussed re -drafting an ordinance to include the differences between the
City and County. Mayor Coerper addressed inferences made by public speakers as to whether
or not Councilmember Bohr has a potential of conflict of interest since donations have
been made to support this cause by him and his wife. Attorney McGrath indicated that no
conflict of interest exists for Councilmember Bohr. Councilmember Bohr asked Attorney
November 5, 2007 — Council/Agency Minutes — Page 25 of 28
McGrath to re -draft the language to provide direction to Animal Control as to what they can
charge. Mayor Pro Tem Cook questioned the need to adopt an ordinance at all, as opposed to
adopting a fee structure for spay/neuter or microchip.
Councilmember Hardy suggested the following fee schedule: $23 if both spayed and neutered,
including microchipping, $28 if microchip is not included, $53 if no spay/neuter is performed, but
microchip is implanted.
Councilmember Hansen clarified Council's goal to encourage spay/neuter and microchipping
through a tiered -license fee structure, eliminating the mandatory nature. Discussion ensued
regarding various scenarios acceptable for fee restructuring, the possibility of subsidizing
spay/neuter for residents who cannot afford to do so, the desire for Huntington Beach Business
License to be listed in advertisements for pets for sale and change spay neuter age from
four months to six months, and whether or not the County could provide cat licensing online.
By Council consensus, it was determined there would be no introduction of the ordinance this
evening, the City Attorney to make revisions and reintroduce the ordinance to City Council on
December 17, 2007.
A straw vote was taken to direct the City Attorney to include the following language in a revised
ordinance for re -introduction on December 17, 2007: Keep cats in ordinance and create a fee
structure incentive program for spay/neuter and microchipping of dogs and cats.
AYES: Bohr, Cook, Coerper, and Green
NOES: Carchio, Hansen, and Hardy
A straw vote was taken to direct the City Attorney to include the following language in a revised
ordinance for re -introduction on December 17, 2007: Huntington Beach Business License must
be listed in advertisements for pets for sale and change spay/neuter age from four months to six
months. The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
The Council, by consensus, also directed the City Attorney to add service and therapy dogs and
delete competition dogs from exclusion of fees and to return on December 17, 2007.
(City Council) Approved for Introduction Ordinance Nos. 3789, 3790 and 3791 Amending
Various Chapters of the Huntington Beach Municipal Code (HBMC) to Enforce 2007
Construction Codes that Regulate the Health and Safety of the Structures in Huntington
Beach and Meet Local Conditions in Addition to the State of California Building,
Mechanical, Plumbing and Electrical Codes Which go Into Effect January 1, 2008; and,
Schedule a Public Hearing for December 3, 2007.
Communication submitted by the Director of Building and Safety transmitting the following
Statement of Issue: The 2007 construction codes that regulate the health and safety of the
structures in our community were adopted by the State of California on July 1, 2007. State law
mandates that these codes be enforced starting January 1, 2008. In order to amend the codes
November 5, 2007 — Council/Agency Minutes — Page 26 of 28
to meet our local conditions we are required to officially adopt the codes. Companion codes
and ordinances used for the administration of the codes are also included.
A motion was made by Green, second Hansen to 1) after City Clerk reads by title, Approve
Introduction of Ordinance No. 3789, "An Ordinance of the City of Huntington Beach Amending
Chapter 17.04 of the Huntington Beach Municipal Code Titled the Huntington Beach Building
Code, "and 2) After City Clerk reads by title, Approve Introduction of Ordinance No. 3790, "An
Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code
Chapter 17.40 - Huntington Beach Mechanical Code, Chapter 17.44 - Huntington Beach
Plumbing Code, and Chapter 17.48 - Huntington Beach Electrical Code; "and 3) After City Clerk
reads by title, Approve Introduction of Ordinance No. 3791, "An Ordinance of the City of
Huntington Beach Amending Various Chapters of Title 17 of the Huntington Beach Municipal
Code Relating to Construction and Structures, " by roll call vote, and 4) Direct that a Public
Hearing be set for the Adoption of Ordinance No. 3789, Ordinance No. 3790, and Ordinance
No. 3791 on December 3, 2007, by roll call vote. 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. 3792 Amending the
Redevelopment Plan for the Huntington Beach Project Area (also known as the Merged
Project Area) to Extend by One Year the Plan Effectiveness Deadline, Payment of
Indebtedness Deadline, and Tax Increment Receipt Pursuant to California State
Legislature No. SB 1045
Communication submitted by the Director of Economic Development transmitting the following
Statement of Issue: As a component of the Fiscal Year 2003-2004 State budget, the
Legislature adopted SB 1045, which required every Redevelopment Agency to make a payment
to the Educational Revenue Augmentation Fund (ERAF). Agencies that paid are permitted to
extend, by one year, the time limit on the effectiveness of the plan and the time limit on the
receipt of tax increment funds. In 2003-2004 the Huntington Beach Redevelopment Agency
paid into the Educational Revenue Augmentation Fund (ERAF). By adopting an ordinance, the
Huntington Beach Redevelopment Plan is amended to extend these limitations.
A motion was made by Green, second Hansen to after City Clerk reads by title, Approve
Introduction of Ordinance No. 3792, "An Ordinance of the City Council of the City of Huntington
Beach, California, Amending the Redevelopment Plan for the Huntington Beach Project (or also
known as Merged Project) Area Extending the Plan Effectiveness Deadline, Repayment of
Indebtedness Deadline and Tax Increment Receipt Deadline Pursuant to SB 1045, " by roll call
vote. 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. 3793 Amending the Southeast
Coastal Redevelopment Plan to Extend by One Year the Plan Effectiveness Deadline,
Payment of Indebtedness Deadline, and Tax Increment Receipt Pursuant to California
State Legislature No. SB 1045
i
I
November 5, 2007 - CouncillAgency Minutes - Page 27 of 28
Communication submitted by the Director of Economic Development transmitting the following
Statement of Issue: As a component of the Fiscal Year 2003-2004 State budget, the
Legislature adopted SB 1045, which required every Redevelopment Agency to make a payment
to the Educational Revenue Augmentation Fund (ERAF). Agencies that paid are permitted to
extend, by one year, the time limit on the effectiveness of the plan and the time limit on the
receipt of tax increment funds. In 2003-2004 the Huntington Beach Redevelopment Agency
paid into the Educational Revenue Augmentation Fund (ERAF). By adopting this ordinance, the
Huntington Beach Redevelopment Plan is amended to extend these limitations.
A motion was made by Green, second Hansen to after City Clerk reads by title, Approve
Introduction of Ordinance No. 3793, "An Ordinance of the City Council of the City of
Huntington Beach, California, Amending the Redevelopment Plan for the Southeast Coastal
Redevelopment Project Area Extending the Plan Effectiveness Deadline, Repayment of
Indebtedness Deadline and Tax Increment Receipt Deadline Pursuant to SB 1045, "by roll call
vote. The motion carried by the following roll call vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, and Hardy
NOES: None
Council Comments - (Not Agendized)
Councilmember Carchio reported attending the Trivia Challenge, the Literacy Volunteers
Fundraiser on October 25, and the Chamber of Commerce Vanguard Legislative Reception on
November 2. He thanked the firefighters who fought the recent wildfires and reminded the
public to come downtown Tuesday night for Surf City Nights.
Mayor Coerper reported attending the Eagle Scout of Honor for James Kyle Takeo Arita on
October 27, and the ribbon cutting of Hashigo Sushi Restaurant at 5 Points on October 25. He
reminded the public to support Surf City Nights downtown.
November 5, 2007 — Councii/Agency Minutes — Page 28 of 28
Councill/Agency Adjournment at 12:35 a.m., November 6, 2007, to Monday, November 19,
2007, at 4:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
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City Clerk -Clerk
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City Clerk nd ex-officio Clerk of Me City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
Mayor -Chair