HomeMy WebLinkAbout2007-12-17 (5)Minutes
City Council/Redevelopment Agency Meeting
City of Huntington Beach
Monday, December 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.
The 4:00 p.m. portion of the meeting was recessed by Deputy City Clerk Kelly Mandic to
5:00 p.m. in Council Chambers due to a lack of quorum.
Call to Order
Mayor Cook called the regular meeting of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 5:00 p.m. in the Council Chambers.
City Council/Redevelopment Agency Roll Call
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio.
Absent: None.
The City Clerk Announced the Following Late Communications Pertaining to the Closed
Session Portion of the Meeting:
Pursuant to the Brown (Open Meetings) Act, City Clerk Flynn announced Late Communications
received by the City Clerk's office following distribution of the agenda packet.
Communication submitted by Dorothy Ralphs, dated December 17, 2007 and titled Closed Door
Meeting Regarding Senior Center.
Communication submitted by John Erskine of Nossaman, Guthner, Knox and Elliott, LLP dated
December 17, 2007, a letter addressed to City Attorney Jennifer McGrath pertaining to the
Closed Session item of the Park In -Lieu Fees for Pacific City (Makar Properties, LLC).
Public Comments — None
Motion to Recess to Closed Session — 5:02 p.m.
Motion by Coerper, second Hardy to recess to Closed Session on the following items. The
motion carried by consensus of all present.
6-,/
December 17, 2007 — Council/Agency Minutes Page 2 of 22
(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
potential lawsuit: In the matter of the Park In -Lieu Fees for Pacific City (Makar Properties,
LLC). As a condition of approval of Tentative Tract Map No. 16338 (Pacific City), the subdivider
is to pay a park in -lieu fee pursuant to Section 254.08 1 of the Huntington Beach Zoning and
Subdivision Code. Section 254.08 1 sets the fee pursuant to a formula that relies upon the fair
market value of the subdivided land. The property owner has disputed the City's calculation of
fair market value and requested arbitration of the disputed amount. Arbitration is the remedy to
address such disputes, as provided at Section 254.08 I.
(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
potential lawsuit: Whether the City Attorney should be directed to file three lawsuits.
(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
potential lawsuit: Whether the City Attorney should be directed to file one lawsuit.
(City Council) Closed Session - Pursuant to Government Code Section 54957, the Council shall
recess to Closed Session to discuss the following personnel matter: Discussion regarding
contract for Chief of Police.
(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, HBPOA, and Non -Associated.
Reconvene City Council/Redevelopment Agency Meeting — 6:02 p.m.
The City Attorney Reported No Actions Taken During Closed Session That Required
Reporting Pursuant to Government Code §54957.1(a) (3) (B).
City Council/Redevelopment Agency Roll Call
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio.
Absent: None.
Pledge of Allegiance/Flag Salute — Led by Girl Scout Troop 2169
Invocation — Led by Mark Currie, Bahai Faith of Huntington Beach
Mayor Cook thanked Councilmember Coerper for organizing the Rededication Ceremony of City
Hall's Veterans Memorial Monument, and she dedicated this City Council meeting to the three
fallen soldiers from Huntington Beach killed in action in Iraq: Sergeant William James, Lance
Corporal Marcus S. Glimpse, and Lance Corporal Nathan Windsor.
December 17, 2007 - Council/Agency Minutes Page 3 of 22
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Flynn announced Late Communications
received by the City Clerk's office following distribution of the agenda packet.
Mayor Pro Tem Bohr and Councilmember Coerper submitted reports pursuant to AB 1234,
which are on file in the City Clerk's Office.
Communication submitted by Stanley Smalewitz, Director of Economic Development/Deputy
Executive Director, dated December 17, 2007 pertaining to the Public Hearing D-1 to consider
approval of the Five -Year Implementation Plan for the Southeast Coastal Redevelopment
Project.
PowerPoint communication, dated December 17, 2007 and titled Five -Year Implementation
Plan (2007-2012) Southeast Coastal Redevelopment Project.
PowerPoint communication, dated December 17, 2007 and titled Mid -Term Review of the Five -
Year Implementation Plan (2005-2009) Merged Redevelopment Project.
Communication submitted from the Law Office of Antonio A. Cota, dated November 2, 2007 and
titled Lorbeer Enterprises, Cite Nos. BD64486, BD62793, BD64619, etc., Request for
Continuance of Administrative Hearing.
Communication submitted by Denise and Don Chase, dated December 14, 2007 regarding the
crosswalk on Yellowstone Drive.
Communication submitted by Calvin Baskerville, dated December 17, 2007 regarding the
Bushard-Hawes crosswalk.
Communication submitted by Chuck Gendry, dated December 17, 2007 regarding the Bushard-
Yellowstone crosswalk.
PowerPoint communication submitted by Stanley Smalewitz, Economic Development Director,
dated December 17,2007 and titled AB 1290 Implementation Plan Affordable Housing Strategy.
The Following Communications Were Received During the Meeting
Communication submitted by Jennifer Yuen dated December 17, 2007 and titled The
Homeowners' and Bank Protection Act of 2007.
Communication submitted by Jennifer Yuen dated December 17, 2007 and titled Signers of the
Homeowner' and Bank Protection Act Petition by Lyndon LaRouche Political Action Committee.
Mayor's Award — Beverly Campos
Mayor Cook called on Travis Hopkins, Public Works Director, who assisted in presenting the
Mayor's Award to Beverly Campos, Acting Scavenging Enforcement Officer in the Maintenance
Operations Division of Public Works. Director Hopkins described Ms. Campos' accomplish-
ments and attributes, including her excellent technical and customer service skills and positive
attitude.
December 17, 2007 - Council/Agency Minutes Page 4 of 22
Presentation - Outgoing City Administrator Dr. Penelope Culbreth-Graft
Mayor Cook presented artwork of the Huntington Beach Pier to City Administrator Penelope
Culbreth-Graft and highlighted the three and one-half years she reigned as the City's
administrator. She thanked Administrator Culbreth-Graft for her innovation, courage and great
disposition. On behalf of Council and staff, she wished Administrator Culbreth-Graft good luck
in Colorado Springs, and assured her that she will be missed.
Ken Inouye, Orange County Human Relations Commission, thanked Administrator Culbreth-
Graft for her support of the Task Force and her continuous leadership and vision. On behalf of
the Task Force, he presented Administrator Culbreth-Graft with a framed certificate.
City,Attorney Jennifer McGrath on behalf of the Executive Team thanked City Administrator
Culbreth-Graft for her friendship, leadership, integrity and clarity. Representing all the
department heads, Attorney McGrath presented Administrator Culbreth-Graft with the City of
Huntington Beach surfer statue, a desk size version of "The Ultimate Challenge."
City Administrator Culbreth-Graft thanked the seated Council, department heads and staff for
their support and dedication during her tenure. She expressed her honor to have worked with
the finest department heads and legislative body in local government, and thanked all for
friendships made.
Councilmember Don Hansen thanked Administrator Culbreth-Graft for her professionalism, ability
to handle complex issues, firm stand on controversial issues, and her ability to lead by example.
He expressed sadness at her leaving and wished her good luck.
Councilmember Hardy thanked Administrator Culbreth-Graft for her continuous encourage-
ment, for always listening to Council's ideas, for her outstanding ability to always follow through,
and for helping Councilmember Hardy accomplish her goals.
Mayor Pro Tern Bohr thanked Administrator Culbreth-Graft for her vast knowledge regarding
budget and personnel issues and her work ethic and devotion to the organization. He
wished good luck to her and husband William in Colorado Springs.
Councilmember Coerper thanked Administrator Culbreth-Graft for being such a great teacher.
He described her as "the master" in investigative situations and her fine ability to grasp and
make sound decisions on complex issues. He wished good luck to her and William in Colorado
Springs.
Councilmember Green bid a fond farewell to Administrator Culbreth-Graft and thanked her for
her contributions in balancing the City's budget, and for improving relationships between staff
and the Council. She wished good luck to her and William in Colorado Springs.
Councilmember Carchio thanked City Administrator Culbreth-Graft for taking him under her
wing as a new councilmember and for nurturing him through his first year on Council. He, also,
wished good luck to her and William in Colorado Springs.
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)
December 17, 2007 — Council/Agency Minutes Page 5 of 22
Don Chase, resident of Huntington Beach, thanked Council and staff for their support of the
lighted in -road crosswalk at the intersection of Bushard Street and Yellowstone Drive. He
indicated that he was speaking on behalf of 50 other families who also wanted their gratitude
expressed. (35:12)
Trent Jaguar Chase, student and son of previous speaker, personally thanked Council for its
support of the crosswalk and for making him feel safe during his walk to school. (36:03)
Kelly Price, resident of Huntington Beach, thanked Council for closing the portion of Graham
Street behind her home. Since the street's closure, she reported a significant decline in traffic
and speeding motorists. She thanked the Council staff, the Police Department, and
Transportation Manager Bob Stachelski for providing excellent service when responding to her
inquiries to close the street. She also thanked Sergeant Steve Bushhausen for making a home
visit to investigate the situation over Labor Day weekend. (36:35)
Tauren Jones, spoke on behalf of the Homeowner and Bank Protection Act of 2007 (the
"Act") addressing the mortgage crisis or "credit crunch." He commented on the recent
endorsement by President Bush to freeze the current adjustable rate mortgages (ARMs),
stating his opinion that this action will only help a few thousand people instead of the majority of
homeowners at risk of losing their homes. He discussed proposed viable ways to address
the mortgage crisis situation and urged Council to join the petition to Congress and
implement the "Act." (38:12)
David Dixon, Lyndon LaRouche Political Action Committee (LaRouche PAC), advised Council
that there is a national effort to petition all State, County and City legislative bodies to call on
Congress to take action on the current home mortgage crisis. It is his opinion that California
does not have a housing crisis, but instead what he describes as the disintegration of the United
States banking and financial systems. He discussed high -risk financing which has led to
the need for endorsements of a resolution circulated for Council's consideration. (40:29)
Jennifer Yuen, LaRouche PAC, spoke in support of the "Act," and stated that new statistics
reveal that 2 to 5 million families are currently in foreclosure. She advised Council that only
Congress can implement this "Act" and it requires emergency action to (1) freeze all existing
home mortgages to adjust the values to fair price and restructure to appropriate interest rates,
(2) freeze all foreclosures to allow families to retain their homes, and (3) State governors to
assume the administrative responsibilities for implementing the program. She urged Council
to sign the resolution as individual petitioners. (43:34)
Ralph Bauer, Council on Aging and former Mayor and Council member, referred to what he
believes was an inaccurate article published in today's local newspaper pertaining to financial
backing of the Senior Center in Central Park. He stated that staff has identified available
funds in the City's Park Development Fund (PDF) that could be used for the Senior Center,
but only Council has discretion to allocate PDF funds. He thanked staff for their hard work,
stated his belief that Mello -Roos would be inappropriate for the site, and thanked Administrator
Culbreth-Graft for the work she's done as City Administrator. (46:10)
Don MacAllister, Council on Aging and former Mayor and Councilmember, also commented
on what he believes was an inaccurate article published in today's local newspaper. He stated
that it was the consensus of the Huntington Beach voters who decided that the Senior Center
be built at Central Park. He urged Council not to support the inaccuracies printed in the article,
but to move forward with construction of the new Senior Center. (49:25)
December 17, 2007 — Council/Agency Minutes Page 6 of 22
Charlene Bauer, 43-year resident of Huntington Beach, mentioned the many projects on which
she has worked during her active years in Huntington Beach and she stated her opinion that
Central Park is the perfect setting for the new senior center. She urged Council to support the
voters and the proposed structure at Central Park. (50:30)
Cheri Johnson, resident of Los Angeles County and Director of The Labrador Retriever Club of
Southern California (LRCSC), spoke in opposition to mandatory laws of spay/neuter and
microchip programs. She urged Council to seek solutions that emphasize public education
and free or low-cost programs that are available to everyone, and to not make "pet surgery"
a mandatory ordinance. (52:11)
Carol Hamilton, urged Council not to support any spay/neuter or microchip program and
indicated her preference to spend monies on an organized education process as opposed to
mandatory laws. She encouraged Council to read Nathan Winograd's book The Redemption,
the story of animal sheltering in the United States. (55:25)
Mayor Cook clarified that Council is not imposing mandatory law as it relates to the spay/neuter
and microchip issue. She encouraged interested parties to watch the previous discussion
Council had on this topic during the Council meeting of November 5, 2007. She announced that
a compromise initiative will not occur before the second Council meeting in January 2008.
Alex Martinez, resident of Huntington Beach and Pet Owners Want Equal Rights (POWER)
representative, urged Council to follow through with its previous action taken regarding the
spay/neuter and microchip program issue. (59:12)
Marie Carrierre, resident of Huntington Beach, urged Council to stick to its decision to drop
any proposed spay/neuter and microchip program. (59:56)
Debbie Bent, resident of Huntington Beach, asked for clarification of the previous actions taken
by Council pertaining to a spay/neuter and microchip program. She urged Council to support
a public education program and suggested the City hold dog shows to generate revenue and
stimulate the economy. She recommended Central Park and the Equestrian Center as
possible venues for the shows, and urged Council to stick to its straw vote action taken on
November 5th. (1:00:30)
Diane Amendola, POWER representative, voiced support of comments made by the previous
speaker and thanked Mayor Cook for her sensible solution of a "tiered -fee option" as opposed
to an intrusive mandatory spay/neuter ordinance. (1:03:41)
Allen Bayliss, resident of Huntington Beach, urged Council to not change the fee structure for
non-spayed/neutered pets. He also voiced his support for the recent news media reports, which
indicate the Golden West College Board of Director's decision to not support a Costco
development on College property. (1:05:31)
Mayor Cook clarified that Golden West College has a master plan for the College, and stated
that Council does not want to restrict the College's rights in that regard. She invited anyone
interested to look at the master plan proposed for the College and share non-support with
them as opposed to the City.
December 17, 2007 — Council/Agency Minutes Page 7 of 22
Dort Evans, POWER representative, thanked Council for not implementing a mandatory
spay/neuter or microchip program for dogs or cats. (1:09:55)
Delora Gaskins, resident of Huntington Beach, spoke in opposition to any mandatory
spay/neuter or microchip program. She stated her opinion that pet owners should have the
responsibility and right to oversee the reproductive organs of their animals, and she described
the potential health risks of the spay/neuter and microchip process. (1:10:50)
Robert Sternberg, 17-year resident of Huntington Beach, stated that Coast Community College
Trustees overwhelmingly rejected the proposed Costco at the Golden West College site. He
described 2008 as the year of resolution, and urged Council to get homeowners' input regarding
any future development proposals for the College property. He suggested a Police firing
range and other similar uses for Council's consideration. (1:13:07)
Karen Riggs, resident of Huntington Beach, thanked Council for its hard work this past year
and urged Council to place a resolution of impeachment of President of George W. Bush and
Vice -President Dick Cheney on a future Council agenda. (1:16:11)
Vern Nelson, spoke in favor of placing a resolution of impeachment of President George W.
Bush and Vice -President Dick Cheney on a future Council agenda. He described a list of
items which he believes justifies the current administration's impeachment. (1:17:54)
Richard Reinbolt, resident of Huntington Beach, thanked outgoing Mayor Gil Coerper and
congratulated new Mayor Debbie Cook. He spoke in support of placing a resolution of
impeachment of President George W. Bush and Vice -President Dick Cheney on a future
Council agenda. (1:21:06)
(City Council) AB 1234 Disclosure Reporting
Mayor Pro Tern Bohr and Councilmember Coerper submitted reports pursuant to AB 1234,
which are on file in the City Clerk's Office.
Graffiti Program - Question by Councilmember Coerper
Councilmember Coerper gave a brief overview of the importance of the City's graffiti reward
program and asked Chief of Police Ken Small to estimate the number of individuals who have
reported graffiti for which they have received rewards. Chief Small replied that 15 individuals
have received a reward of $500 since the program's inception, adding that some reports have
led to arrests. Councilmember Coerper thanked Chief Small for his efforts, and the citizens of
Huntington Beach for getting involved to keep our City clean.
City Council) Approved Council Liaison Assignments
Councilmember Green expressed her desire to remain Council liaison to the Orange County
Sanitation District, describing her work on the Board and accomplishments not yet completed.
A substitute motion was made by Green, second Carchio that Councilmember Green remain
the Council liaison to the Sanitation District to complete the work undone. (Vote to follow)
Mayor Cook stated her support of Councilmember Hansen to be able to serve on a regional
board such as the Sanitation District, and described benefits of rotating Council liaison
assignments.
December 17, 2007 — Council/Agency Minutes Page 8 of 22
Councilmember Green stated the importance of the positions which she holds on the Steering
Committee and as Vice -Chair of Operations and Replenishment.
Mayor Pro Tern Bohr stated his support of Councilmember Hansen's right to serve on
the Sanitation District.
Councilmember Hansen described the support he has received from current members of the
Orange County Sanitation District, and their recommendation for him to take advantage of
becoming the next Council liaison if the opportunity were presented.
The substitute motion allowing Councilmember Green to remain as Council liaison to the
Sanitation District failed by the following roll call vote:
AYES: Green, and Carchio
NOES: Hansen, Hardy, Bohr, Cook, and Coerper
A motion was made by Hansen, second Bohr to approve the list of Council Liaison assignments
as submitted. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, and Carchio
NOES: Green
City Administrator's Report — None
(City Council) Reviewed and Accepted Shari L. Freidenrich, City Treasurer's October
2007 Investment Summary Report Titled City of Huntington Beach Summary of City
Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for October
2007
The City Council considered a communication from City Treasurer Shari Freidenrich
transmitting the Monthly Investment Report for October 2007.
City Treasurer gave a PowerPoint presentation titled October's Treasurer's Report, which was
included in the agenda packet.
Mayor Cook asked Treasurer Freidenrich to confirm Orange County Supervisor John
Moorlach's statistics reported at this year's Economic Conference that 1 out of 79 homes in
Orange County are in foreclosure. Treasurer Freidenrich responded that she was unable to
attend this year's Conference, stated her office is working closely with the tax collector on
relative issues. She mentioned that the City had received $18 million from secured taxes
through December 14, 2007, versus $12.4 million at this time last year. Treasurer Freidenrich
stated she will continue to monitor this matter with the County, and will include findings in next
month's report. Mayor Cook suggested she obtain a copy of the PowerPoint
presentation Supervisor Moorlach provided at the Conference.
A motion was made by Bohr, second Hansen to accept the Monthly Investment Report titled
Summary of Investment Portfolio, Bond Proceeds and Deferred Compensation Activity
for October 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:
December 17, 2007 — Council/Agency Minutes Page 9 of 22
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
City Attorney's Report on Notice of Complaint Filed
City Attorney McGrath reported that a Complaint (not Cross Complaint as reported on the
Agenda) was filed on November 5, 2007 in the matter of the City of Huntington Beach v. David
James Godine, involving a police vehicle.
Recessed Council/Redevelopment Agency Meeting and Convened Huntington Beach
Public Financing Authority Meeting - 7:38 p.m.
(Public Finance Authority) Call to Order the Regular Annual Meeting of the Huntington
Beach Public Financing Authority
Public Finance Authority Roll Call
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio.
Absent: None.
(Public Finance Authority) Election of Officers Held
A motion was made by Coerper, second Carchio to elect Debbie Cook, Chair of the Huntington
Beach Financing Authority; Keith Bohr, Vice -Chair of the Huntington Beach Financing Authority
and Joan L. Flynn, Secretary of the Huntington Beach Public Financing Authority. The motion
carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, and Carchio
NOES: None
ABSENT/OUT OF ROOM: Green
(Public Financing Authority) Approved Public Financing Authority Minutes
A motion was made by Coerper, second Bohr to approve and adopt the minutes of the
December 18, 2006 Annual Meeting of the Public Financing Authority as written and on file in
the Office of the Secretary. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, and Carchio
NOES: None
ABSENT/OUT OF ROOM: Green
Adjournment - Public Financing Authority Meeting
Mayor Cook adjourned the Huntington Beach Public Financing Authority Meeting and
Reconvened the City Council/Redevelopment Agency Regular Meeting at 7:40 p.m.
(Redevelopment Agency) Public Hearing Held — Approved the Five -Year Implementation
Plan (2008 - 2012) for the Southeast Coastal Redevelopment Project to Comply with the
California Redevelopment Law
December 17, 2007 — Council/Agency Minutes Page 10 of 22
Mayor Cook announced that this is the time noticed for a public hearing to consider
communication from the Deputy Executive Director transmitting the following Statement of
Issue: The California Redevelopment Law (California Health and Safety Code, §33490)
requires Redevelopment Agencies prepare and adopt Five -Year Implementation Plans. The
Southeast Coastal Redevelopment Plan for the Southeast Coastal Project Area expires in 2007.
City Administrator Culbreth-Graft called on Stanley Smalewitz, Economic Development Director,
who gave a brief overview of the mandate requirements. Director Smalewitz called on Doris
Powell, Assistant Project Manager, who gave a PowerPoint report including the following
information: Southeast Coastal Project Area Background, Aerial Photo of the Site, Southeast
Coastal Project Area Goals, and Agency Financial Status Report.
City Clerk Flynn restated for the record the following Late Communications pertaining to this
public hearing:
Communication submitted by Stanley Smalewitz, Director of Economic Development/Deputy
Executive Director, dated December 17, 2007 pertaining to the Public Hearing to consider
approval of the Five -Year Implementation Plan for the Southeast Coastal Redevelopment
Project.
PowerPoint communication, dated December 17, 2007 and titled Five Year Implementation Plan
(2007-2012) Southeast Coastal Redevelopment Project.
Mayor Cook declared the public hearing open.
Tim Geddes, resident of Huntington Beach, expressed gratitude for efforts to clean up this
area, and urged Council to support the item.
Merle Moshiri, resident of Southeast Huntington Beach, urged Council to protect the health and
well being of the neighborhoods affected by cleanup of the Ascon Landfill. She also mentioned
that she had recently fallen on a sidewalk in the downtown area and urged Council to initiate
sidewalk repairs in that area.
Edward DeMeulle, resident of Huntington Beach, urged Council to fix the sidewalks along
Magnolia near Hamilton (where a previous accident occurred). He suggested that the City take
a look at making sidewalk repairs prior to the summer season when the sidewalks are heavily
frequented. Also, he stated that the owner of the Ascon Landfill has stated that he does not
expect any outside funding for the project, and urged Council to consider that information when
making its decision.
John Scott, resident of Huntington Beach, voiced concern regarding the proposed Redevelop-
ment Implementation Plan, which he believes is quite modest for what it brings to Southeast
Huntington Beach. He questioned the vision of the Nesi/Ascon Landfill site, expecting
remediation to be partial removal with a protective cap. He expressed concern for those
who contribute to the contamination of the site but are unwilling to financially participate in its
cleanup. He discussed desalination and electrical issues, and urged Council to consider a new
Plan that better reflects the importance of coastal issues in current times.
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.
December 17, 2007 — Council/Agency Minutes Page 11 of 22
Councilmember Hardy discussed her involvement as Council liaison to the Southeast Area
Committee since its inception. She agreed that the anticipation of funds was greater than actual
funds received. She expressed hope that the accomplishments will be realized in the future
and thanked committee members for their diligent work.
Councilmember Coerper asked for clarification of Council liaison committee members and the
frequency of meetings held. Councilmember Hardy identified committee members who have
previously served and indicated that meetings are scheduled quarterly. Councilmember
Coerper asked Director Smalewitz to identify staff's vision for the site and the anticipated
remediation schedule. Director Smalewitz responded that the project area was established to
address blight and negative, substantial environmental conditions. The remediation process is
anticipated to take approximately three to five years. Councilmember Coerper asked if Ascon
Landfill is the only concern, and Director Smalewitz noted the AES Power Plant, the protected
wetlands, the Tank Farm and minor development proposals to be all inclusive of the Southeast
Area Committee's focus, with the priority being the remediation of the sites.
Councilmember Hansen asked staff to clarify that the current Council has never taken a position
to date, and Director Smalewitz responded affirmatively. As an advocate of this area, he stated
challenges faced by staff and committee members' involved with the AES Power Plant Plan,
primarily future development of residential housing being too great a risk to support. He
reported reassurance that the Ascon Landfill remediation is top priority and all department
heads are working hard to accomplish related tasks.
Mayor Pro Tem Bohr stated his support of the committee's work and of the recommended
action.
Councilmember Carchio expressed concern that these three pieces of property don't seem to
be moving forward fast enough. He stated his support of leaving the site as open space and
making the site's clean-up the City's top priority.
Mayor Cook reported that most of the oil will be cleaned up to an acceptable level, that the City
can ultimately use the space, and in her opinion it will probably remain open space.
A motion was made by Hansen, second Carchio to approve as amended by Late
Communication, the Five -Year Implementation Plan (2007-08 to 2011-12) Southeast Coastal
Redevelopment Project. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(Redevelopment Agency) Public Hearing Held — Approved Mid -Term Review of the Five
Year Implementation Plan (2005 - 2009) for the Huntington Beach Merged Redevelopment
Project Area to Comply with the California Redevelopment Law.
Mayor Cook announced that this is the time noticed for a public hearing to consider
communication from Stanley Smalewitz, Deputy Executive Director transmitting the following
Statement of Issue: The California Redevelopment Law (California Health and Safety Code,
§33490) requires that the Redevelopment Agency hold a public hearing to evaluate the
progress of its Five -Year Implementation Plan (2005-2009) for the Huntington Beach Merged
Redevelopment Project Area.
December 17, 2007 — Council/Agency Minutes Page 12 of 22
City Administrator Culbreth-Graft called on Stanley Smalewitz, Economic Development Director,
who described the statutory requirement of this action and called on Doris Powell, Assistant
Project Manager, to give a PowerPoint presentation that included the following information: Mid -
Term Review Process, Merged Project Areas - Subareas 1-5, Blight Elimination, Major Goals,
Goal: Expand the Commercial Base of the Project Area, Goal: Improve Public Facilities and
Public infrastructure, and Agency Financial Status Report.
City Clerk Flynn restated for the record the following Late Communication pertaining to this
public hearing.
PowerPoint communication, dated December 17, 2007 and titled Mid -Term Review of the Five
Year Implementation Plan (2005-2009) Merged Redevelopment Project.
Mayor Cook declared the public hearing open.
There being no persons present to speak on the matter and there being no further protests filed,
either written or oral, the Mayor closed the public hearing.
A motion was made by Bohr, second Hardy to approve the Mid -Term Review -Five Year
Implementation Plan (2005-2009) Huntington Beach Merged Redevelopment Project. The
motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council/Redevelopment Agency) Public Hearing Held — Introduction of Ordinance
No. 3796 Amending the Redevelopment Plan by Extending the Plan Effectiveness
Deadline, Payment of Indebtedness Deadline and Tax Increment Receipt Pursuant to SB
1096 for the Huntington Beach Redevelopment Project (Also Known as the Merged
Project Area)
Mayor Cook announced that this is the time noticed for a public hearing to consider
communication from Stanley Smalewitz, Director of Economic Development/Deputy Executive
Director transmitting the following Statement of Issue: As a component of the FY 2004-2005
State budget, the Legislature adopted SB 1096, which required every redevelopment agency to
make a payment to the Educational Revenue Augmentation Fund ("ERAF") for the 2004-05 and
2005-06 fiscal years. Under certain circumstances, agencies that paid are permitted to amend
their plans to extend both the time limit on the effectiveness of the plan and the dates for debt
repayment and receipt of tax increment. By adopting this ordinance, the Huntington Beach
Redevelopment Plan is amended to extend these limitations.
Director Smalewitz gave an oral report, describing the purpose of the amendment to extend the
time limit on the effectiveness of the plan and the dates for debt repayment and receipt of tax
increment.
Mayor Cook declared the public hearing open.
City Clerk Flynn announced no late communications received pertaining to this public hearing
and no public speakers present.
December 17, 2007 - Council/Agency Minutes Page 13 of 22
There being no persons present to speak on the matter and there being no further protests filed,
either written or oral, the Mayor closed the public hearing.
A motion was made by Bohr, second Hardy to approve for Introduction Ordinance No. 3796,
'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 1096. " The motion carried by the following roll call
vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council) Administrative Public Hearing Held — Adoption of Resolution No. 2007-86
Approving Certification of Special Assessments for Collection of Delinquent Civil Fines
for Municipal Code Violations (Lorbeer Enterprises) Deferred from the November 5, 2007
City Council meeting.
Mayor Cook announced that this is the time noticed for an administrative public hearing
submitted by the City Attorney transmitting the following Statement of Issue: Should the City
record notice of special assessments against private property for the value of unpaid civil fines,
plus interest and penalties, pursuant to Ordinance No. 3397 adopted by City Council on June
15,1998?
City Attorney McGrath stated the continuance was requested by the property owner.
City Clerk Flynn restated for the record the following Late Communication pertaining to this
administrative public hearing:
Communication submitted by the Law Office of Antonio A. Cota, dated November 2, 2007 and
titled Lorbeer Enterprises; Cite Nos. BD64486, BD62793, etc_, Request for Continuance of
Administrative Hearing.
Mayor Cook declared the public hearing open.
William Lorbeer, property owner of 4935, 4937, 4941 and 4955 Warner Avenue described the
project planned for this area and the proposed substantial changes for this site. He reported
that a Settlement Agreement is close to being reached with the City, and identified a technical
issue by the Building Department which now requires an architect be retained. He requested
additional time necessary to meet, confer and complete plan design with an architect.
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 Hansen asked Attorney McGrath for her input related to Mr. Lorbeer's
comments. Attorney McGrath responded that she did not agree with Mr. Lorbeer's portrayal of
the situation relative to the Settlement Agreement. She believes a Settlement Agreement could
have been concluded with milestones for all activities mentioned. Attorney McGrath advised
Council that the City asked for either an agreement or a building permit pulled by 5:00 p.m.
today, and neither occurred. She also noted Council's authority to remove a lien if they don't
choose to continue the item this evening, and if subsequent settlement is reached. Attorney
December 17, 2007 — Council/Agency Minutes Page 14 of 22
McGrath explained that Mr. Lorbeer is the new property owner who inherited the building code
violations. Mr. Lorbeer stated that the property line is the outstanding issue and described a
new requirement as of last Friday that he either repair the building (that he's eventually going to
tear down) or meet with an architect to rectify the existing condition. He requested Council give
him additional time to meet with an architect.
Councilmember Coerper asked the applicant how much longer he needs to reach resolution,
and Mr. Lorbeer responded the issue could be resolved by January. Councilmember
Carchio asked Building Director Ross Cranmer if, in his opinion, the matter could be held for
resolution in three weeks and Director Cranmer agreed.
Councilmember Hardy asked for clarification of the outstanding concerns, and Director Cranmer
described health hazards of outstanding property line issues and the two, non -permitted
structures.
Councilmember Hansen asked for clarification from Attorney McGrath for appropriate language
to include in a substitute motion. Attorney McGrath suggested that "if settlement is not
reached by January 4, 2008, then staff will file a lien against the Lorbeer property as
indicated."
Mayor Pro Tern Bohr asked Attorney McGrath what happens if a settlement is not reached by
January 4, 2008 and a lien is filed. Attorney McGrath replied that the owner is subject to
additional citations, so while in meaningful settlement discussions, the Building Department is
refrained from issuing additional citations.
Councilmember Carchio stated his support of Councilmember Hansen's substitute motion to
allow the owner an additional three weeks.
A motion was made by Hansen, second Hardy to adopt the substitute motion that if settlement
is not reached to staff's satisfaction by Friday, January 4, 2008, a lien against the Lorbeer
property will be filed as indicated. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
Consent Calendar - Items Removed for Separate Discussion
(City Council) Adopt Resolution No. 2007-89 Approving the Non -Represented (Non -Associated)
Employees Pay and Benefits Resolution Pertaining to the Modification of Wages, Health
Benefits Costs and Retirement Benefits.
(City Council) Appropriate Funds, Authorize Expenditure, and Approve Project for a Lighted In -
Road Crosswalk Pilot Project at Bushard Street and Yellowstone Drive.
(City Council) Approve and Authorize the Mayor and City Clerk to Execute a Professional
Services Contract Between the City of Huntington Beach and Advocation, Inc.
December 17, 2007 — Council/Agency Minutes Page 15 of 22
Consent Calendar - Items Approved
For the record, Councilmembers Hansen, Hardy and Mayor Cook voted "No" on Consent Item
E-6, Side Letter Agreement re: Memorandum of Understanding (MOU) Between the City and
MEO); Consent Item E-8, Side Letter Agreement re: Memorandum of Understanding (MOU)
Between the City and Police Officers' Association; and, Consent Item E-11, Approving the Non -
Associated Employees Pay and Benefits.
A motion was made by Cook, second Coerper to approve the following Consent Calendar items,
as recommended: The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council/Redevelopment Agency) Approved Minutes — Approved and adopted the
minutes of the City Council/Redevelopment Agency Special Meeting of November 30, 2007 and
the City Council/Redevelopment Agency Regular Meeting of December 3, 2007 as written and
on file in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Approved the Historic Resources Board Appointments of Nuanna
Robinson, Barbara Haynes and Randy Smith; the Reappointments of Arlene Howard,
Diane Ryan, Roz Essner, Marilyn Harris, and Joe Santiago; and, Extended the Terms of
Billie Kennedy and Debra Watkins as Recommended by Council Liaisons,
Councilmember Carchio and Councilmember Hardy —1) Approved the appointment of
Nuanna Robinson for a term to expire June 30, 2009 to fill the term expiration of Pauline
Chavez -Bent as recommended by Council liaisons Carchio and Hardy; 2) Approved the re-
appointment of Arlene Howard for a term to expire June 30, 2009 as recommended by Council
liaisons Carchio and Hardy; 3) Extended the terms of Billie Kennedy and Debra Watkins from
June 30, 2008 to June 30, 2009 in order to comply with the term durations specified in Chapter
2.100.080 of the City's Municipal Code, Operating Policy for Boards and Commissions; 4)
Approved the appointment of Barbara Haynes for a term to expire June 30, 2011 to fill the term
expiration of Henry Goldman as recommended by Council liaisons Carchio and Hardy; 5)
Approved the appointment of Randy Smith for a term to expire June 30, 2011 to fill the term
expiration of Cindy Morgan as recommended by Council liaisons Carchio and Hardy; and, 6)
Approved the re -appointments of Diane Ryan, Roz Essner, Marilyn Harris, and Joe Santiago
with terms to expire June 30, 2011 as recommended by Council liaisons Councilmembers
Carchio and Hardy. Submitted by the Director of Community Services. Funding Source: Not
applicable.
(City Council) Approved the Allied Arts Board Appointment of Catherine Stip; the Re -
Appointment of Anita Brace and Jeanette Mueller; and, Extended the Terms of Bob
Daley, Starlyn Frischmuth, and Diana Lo Schiavo, as Recommended by Council Liaisons,
Mayor Cook, and Councilmembers Hansen and Green —1) Approved the appointment of
Catherine Stip to the Allied Arts Board for a term to expire June 30, 2011 to fill the term
expiration of Evelyn Eng as recommended by Council liaisons Mayor Cook and Council -
members Hansen and Green; 2) Approved the re -appointment of Anita Brace and Jeanette
Mueller for a term to expire June 30, 2011 as recommended by Council liaisons Mayor Cook,
and Councilmembers Hansen and Green; and, 3) Extended the term of Bob Daley from June
30, 2010 to June 30, 2011 and the terms of Starlyn Frischmuth and Diana Lo Schiavo from June
30, 2008 to June 30, 2009 in order to comply with the term durations specified in Chapter
December 17, 2007 - Council/Agency Minutes Page 16 of 22
2.100.080 of the City's Municipal Code, Operating Policy for Boards and Commissions.
Submitted by the Director of Community Services. Funding Source: Not applicable.
(City Council) Approved the Environmental Board Appointments of Sue Marquez and
Michael Marshall for a First Term to Expire June 30, 2011 as Recommended by Council
Liaisons, Mayor Cook and Mayor Pro Tern Bohr — Approved the appointment to the
Environmental Board of Sue Marquez and Michael Marshall for a first term to expire June 30,
2011 as recommended by Council liaisons Mayor Cook and Mayor Pro Tern Bohr. Submitted
by the Director of Planning. Funding Source: Not applicable.
(City Council) Approved the Maddy Act Local Appointments List (Terms on City Boards,
Committees, and Commissions Which Expire in 2008) Informing the Public of Openings
and Vacancies Based on Expirations of Current Members' Terms —Approved the Maddy
Act Local Appointments List showing vacancies which will occur on City Boards and
Commissions in the year 2008 and directed the City Clerk to post the list at the official posting
locations (Civic Center, Huntington Central Library, Main Street Library.) Copies of the Maddy
Act will also be posted at all branch Libraries, and on the City's website. Submitted by the City
Clerk. Funding Source: Not applicable.
(City Council) Adopted Resolution No. 2007-87 Approving a Side Letter of Agreement
Pertaining to an Extension of the Term of Agreement, Additional Wage Increases,
Educational Tuition, Health Benefits Cost Provisions, Retirement Benefits and Unit
Modification to the Memorandum of Understanding (MOU) Between the City and the
Huntington Beach Management Employees' Organization (MEO) —Adopted Resolution
No. 2007-87, "A Resolution of the City Council of the City of Huntington Beach Amending the
Memorandum of Understanding Between the City and the Management Employees'
Organization (MEO), by Adopting the Side Letter of Agreement. " Submitted by the Director of
Human Resources. Funding Source: No additional funding is required for Fiscal Year
2007/2008. Funding will be budgeted for successive fiscal years.
AYES: Bohr, Coerper, Green, and Carchio
NOES: Hansen, Hardy, Cook
(City Council) Approved the Human Relations Task Force Appointment of Michael
Robinson and the Reappointments of Alan Chancellor, Chuck Goldenberg,
Karen Jackle, and Ken Inouye, as Recommended by Council Liaisons, Mayor Cook and
Councilmembers Coerper and Green —1) Approved the reappointments of Alan Chancellor,
Chuck Goldenberg, Karen Jackle, and Ken Inouye to the Human Relations Task Force with
terms to expire December 31, 2011 as recommended by Council liaisons, Mayor Cook and
Councilmembers Green and Coerper; and, 2) Approved the appointment of Michael Robinson
to fill the term vacancy of Tiffany Dekle with a term to expire December 31, 2011 as
recommended by Council liaisons, Mayor Cook and Councilmembers Green and Coerper.
Submitted by the Director of Community Services. Funding Source: Not applicable.
(City Council) Adopted Resolution No. 2007-88 Approving a Side Letter of Agreement
Pertaining to Retirement Benefits Modification to the Memorandum of Understanding
(MOU) Between the City and the Police Officers' Association (POA) —Adopted Resolution
No. 2007-88, "A Resolution of the City Council of the City of Huntington Beach Amending the
Memorandum of Understanding Between the City and the Police Officers' Association (POA), by
Adopting the Side Letter of Agreement." Submitted by the Director of Human Resources.
December 17, 2007 — Council/Agency Minutes Page 17 of 22
Funding Source: The cost to implement the retirement plan enhancement will be borne by the
POA miscellaneous (non -safety) members.
AYES: Bohr, Coerper, Green, and Carchio
NOES: Hansen, Hardy, Cook
(City Council) Approved Amendment No. 1 to the Professional Services Agreement in
the Amount Not to Exceed $1,800,000, for a New Total Contract Amount of $3,800,000,
Between the City of Huntington Beach and Richard Brady and Associates, Inc. to Extend
the Term Agreement 3 Years, in Order to Complete Design Services for the Utility Yard
Improvement Project — Approved and authorized the Mayor and City Clerk to execute
Amendment No. 1 to Agreement Between the City of Huntington Beach and Richard Brady and
Associates, Inc. Submitted by the Director of Public Works. Funding Source: Funding is from
the Water Fund Account No. 50687001 and the Sewer Service Fund Account No. 51185201.
(City Council) Approved and Authorized Execution by the Mayor and City Clerk of the
Cooperative Agreement Between the County of Orange, the City of Huntington Beach,
Signal Landmark (Hearthside Homes), and the Orange County Local Agency Formation
Commission (LAFCO) Regarding Annexation of the Brightwater Development Project —
Approved and authorized execution by the Mayor and City Clerk of the Cooperative Agreement
by and Among the County of Orange, The City of Huntington Beach, Signal Landmark, and the
Orange County Local Agency Formation Commission Regarding Annexation of Unincorporated
Real Property Commonly Known as the Brightwater Development Project. Submitted by the
Director of Planning. Funding Source: Not applicable.
Mayor Cook asked for a status update on annexation of the entire property. Deputy City
Administrator Paul Emery responded that the Planning Department is working on a Request for
Proposal (RFP) to retain professional services to complete an analysis of the economic
implications of the complete annexation of the Bolsa Chica. Mayor Cook questioned if the glass
wall identified in recent reports of birds flying into a glass wall meets County specifications, and .
whether or not it would be beneficial for Council to resolve this issue before taking
action. Deputy Administrator Emery responded that the proposed annexation will be phased as
residential development takes place, and that open space will be included within the
annexation. Mary Beth Broeren, Principal Planner, stated that the open space area is the last
area to be studied, and she suggested staff could contact the Coastal Commission and see if
they have communicated with the property owner at the locale of the wall. Attorney McGrath
commented that she believes measures have been taken to address the bird issue.
(City Council) Approved a Change Order Increase in the Amount of $35,000 for Sewer
Lift Station #26 to Remove the Originally Specified KSB Pumps and Replace with Wemco
Pumps - CC-1240 — Increased the previously authorized 10% change order limit for Lift Station
#26 construction from $226,400 (10%) an additional $35,000 (1.5%) or for a total change order
authorization of $261,400 (11.5%). Submitted by the Director of Public Works. Funding
Source: Funds in the amount of $35,000 are available in the Sewer Service Charge Fund,
Sewer Lift Station CIP, Sewer Improvements, 51189001.82600.
(Redevelopment Agency) Approved and Authorized the Chairman and Agency Clerk to
Execute a Professional Services Agreement With PBS & J in the Amount of $516,745 for
Preparation of the Beach Boulevard/Edinger Avenue Corridor Study, and Appropriate
Funds from the Redevelopment Agency — 1) Approved the Professional Services Contract
Between the Redevelopment Agency of the City of Huntington Beach and PBS & J in the
December 17, 2007 - Council/Agency Minutes Page 18 of 22
amount of $516,745 for preparation of the Beach Boulevard/Edinger Avenue Corridor Study
Environmental Impact Report and authorized the Chairman and Agency Clerk to execute the
agreement; and, 2) Appropriated funds in the amount of $516,745 from the Redevelopment
Agency Merged Capital Fund Account to account 30580101.69320 for the Professional Service
Agreement. Submitted by the Deputy Executive Director and the Director of Planning. Funding
Source: An appropriation of $516,745 from the Redevelopment Agency Merged Project Area
Unappropriated Fund balance to account 30580101.69320, Redevelopment Agency
Professional Services is being requested.
(City Council) Approved a Reimbursement Agreement in the Amount of $351,793
Between the City of Huntington Beach and Red Oak Investments, LLC for Preparation of
an Environmental Impact Report (EIR) for the Ripcurl Project Located at the Southeast
Corner of Gothard Street and Center Avenue — Approved the Reimbursement - Planning -
Agreement Between the City of Huntington Beach and Amstar/Red Oak Huntington Beach, LLC
as prepared by the City Attorney, and authorized the Mayor and City Clerk to execute the
agreement. Submitted by the Director of Planning. Funding Source: Pending City Council
approval of this Reimbursement Agreement, Red Oak Investments will pay to the City $351,793
for the anticipated costs of preparing the requisite environmental documentation. This revenue
and expenditure are not included in the Fiscal 2007/08 budget; a budget appropriation was
approved by the City Council on October 15, 2007.
(City Council) Approved and Authorized the Mayor and City Clerk to Execute an
Agreement Between the City of Huntington Beach and Edith K. Fredricksen in the
Amount of $680,000 for Acquisition of Real Property Located at 7802 Alhambra Avenue,
APIN 142-103-05 to Complete Improvements for the Widening of Heil Avenue Widening
Improvement Project Between Beach Blvd. and Silver Lane (CC-1230) —1) Approved the
Agreement for Acquisition of Real Property (Escrow Instructions;) and, 2) Authorized the Mayor
and City Clerk to execute the agreement and other related necessary documents. Submitted by
the Director of Economic Development and the Director of Public Works. Funding Source:
Funds are budgeted in the Traffic Impact Fund, Heil Avenue Street Widening, Land Purchase,
Account No. 20690009.81100.
(City Council) Approved the Heil Avenue Widening Project Relocation Plan and
Relocation Grievance Procedures, and Authorized Expenditures in an Amount Not to
Exceed $220,000 for Relocation Related Payments —1) Approved The Heil Avenue
Widening Project Final Relocation Plan; 2) Approved the Relocation Grievance Procedures for
the City of Huntington Beach; and, 3) Authorized expenditures as described in the plan for
relocation related payments in an amount not to exceed $220,000. Submitted by the Director of
Economic Development and the Director of Public Works. Funding Source: The total cost for
relocation related payments for the relocation plan is estimated at $220,000, and is available
from the Traffic Impact Fund, Heil Avenue Street Widening, Other, Account No.
20690009.81300.
(City Council) Approved and Authorized the Mayor and City Clerk to Execute the
Professional Services Contract in the Amount of $296,000 Between the City of
Huntington Beach and Scott Fazekas and Associates, Inc. for Building Counter and
Inspection Services; Authorized a Budget Appropriation of $96,000 from Permanent
Salaries Account to Professional Services Account, and Authorized the Director of
Building and Safety to Expend $296,000 for Inspection Services — 1) Approved the
Professional Services Contract Between the City of Huntington Beach and Scott Fazekas &
Associates, Inc. for Building Counter and Inspection Services and authorized the Mayor and
December 17, 2007 - Council/Agency Minutes Page 19 of 22
City Clerk to execute the agreement; 2) Authorized the budget appropriation of $96,000 to be
transferred from Permanent Salaries account 10055201.51000 to Professional Services account
10055201.69365 to cover the increased costs for the inspection services; and, 3) Authorized the
Director of Building and Safety to expend $296,000 for Professional Services for inspection
services. Submitted by the Director of Building and Safety. Funding Source: Funding has
been appropriated during the budget process to the Professional Service account
10055201.69365. Additional funds are available in Building and Safety Department business
unit 10055201.51000 as a result of salary savings.
(City Council) Approved and Authorized Amendment No. 2 to the Professional Services
Agreement in the Amount Not to Exceed $500,000, for a New Total Contract Amount of
$2,000,000, Between the City of Huntington Beach and Willdan for As Needed
Engineering Services — Approved and authorized the Mayor and City Clerk to execute
Amendment No. 2 to Agreement Between the City of Huntington Beach and Willdan for As
Needed Engineering Services. Submitted by the Director of Public Works. Funding Source:
Funds in the amount of $150,000 are available in General Fund, Development Services,
Professional Services Account No. 10085251.69365. Expenses will be offset by revenue.
(City Council) Adopted Resolution No. 2007-89 Approving the Non -Represented (Non -
Associated) Employees Pay and Benefits Resolution Pertaining to the Modification of
Wages, Health Benefit Costs and Retirement Benefits.
The City Council considered a communication from the Director of Human Resources
transmitting the following Statement of Issue: It is recommended the Resolution that authorizes
the salary and benefits for non -represented (Non -Associated) employees be modified.
Mayor Pro Tem Bohr requested that this agenda item be removed from the Consent Calendar
and gave a brief history of the mandatory open process to discuss non -associated employee
compensation issues. He provided justification of last year's review of this topic as it pertained
to the proposed rate of increase for the City Attorney. He thanked Attorney McGrath for taking
his intended constructive criticism and making positive improvements during the past 11
months. He indicated meeting several times with her during the past year and thanked her
for developing monthly reports and for rising to the many challenges faced. A motion was made
by Bohr, second Green to approve the recommended action with the inclusion of moving the
City Attorney (Job Title 0016) to control point from starting point (referenced on pages 11.23
and 11.24 of the staff report). Discussion followed.
Councilmember Hardy indicated that she intended to vote "No" on this item because of the
retirement benefits, not because she did not support the proposed modification for the City
Attorney. Discussion ensued amongst Council and consensus was to vote on the two items
separately.
A motion was made by Hansen, second Bohr to approve a substitute motion to move City
Attorney (Job Title 0016) to control point from starting point. The motion carried by the
following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
December 17, 2007 — Council/Agency Minutes Page 20 of 22
A motion was made by Bohr, second Coerper to adopt Resolution No. 2007-89, "A Resolution
of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non -
Represented (Non -Associated) Employees. " The motion carried by the following roll call vote:
AYES: Bohr, Coerper, Green, and Carchio
NOES: Hansen, Hardy, and Cook
City Council) Appropriated Funds, Authorized Expenditure, and Approved Project for a
Lighted In -Road Crosswalk Pilot Project at the Intersection of Bushard Street and
Yellowstone Drive; Appropriated Funds for the Installation of Six Support Poles on
Indianapolis Street Between Beach Blvd. and Brookhurst Street for use with Radar Speed
Feedback Signs.
The City Council considered a communication from the Director of Public Works transmitting the
following Statement of Issue: Concentrations of school related pedestrian, bicycle and motor
vehicle activity along and near the Indianapolis Avenue corridor have resulted in a community
desire to improve motorist awareness of the activity areas and compliance with current traffic
safety laws. Several measures have been identified to address these areas, some requiring
allocation of funding to complete design and construction before the end of the fiscal year.
Councilmember Hansen requested that this agenda item be removed from the Consent
Calendar to thank the departments of Public Works and Police, Chief of Police Small, and
community members. He discussed the Kindergarten-5th grade students who were required to
cross the street illegally, and gave thanks for the crosswalk as a testament to how Council
responded with positive enforcement mechanisms.
Councilmember Carchio gave thanks to Public Works and Police staff who answered the hard
questions posed by citizens and for taking affirmative action to help the children and parents in
this area. He thanked Councilmember Hansen for spearheading this initiative.
A motion was made by Hansen, second Hardy to 1) Amend the 2007/08 Capital Improvement
Program to add the design and construction of an in -road lighted pedestrian crosswalk and
associated improvements at the intersection of Bushard Street and Yellowstone Drive; 2)
Appropriate $70,000 for the design and construction of the lighted crosswalk; 3) Designate the
flashing crosswalk project as a Pilot Project to allow for follow-up evaluation of treatment
effectiveness before proceeding with any other new flashing crosswalk installations; 4)
Authorize the expenditure of $15,000 in professional services from 10085301; and, 5)
Appropriate $20,000 for the installation of six support poles on Indianapolis Street for use with
radar speed feedback signs. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council) NO ACTION TAKEN. THIS ITEM WAS DEFERRED TO JANUARY 7, 2008.
Approve and Authorize the Mayor and City Clerk to Execute a Professional Services
Contract in the Amount Not to Exceed $70,000 Between the City of Huntington Beach and
Advocation, Inc. to Assist in the Acquisition of State Funding for Priority Projects Within
the City and Related State Legislative Issues
The City Council considered a communication from Councilmember Jill Hardy, Chair on behalf
of the Intergovernmental Relations Committee, transmitting the following Statement of Issue:
December 17, 2007 — Council/Agency Minutes Page 21 of 22
Approval of a new contract between the City of Huntington Beach and Advocation, Inc., for
professional services related to the acquisition of State funds for priority projects within the City
and related legislative issues.
Councilmember Green requested that this agenda item be removed from the Consent Calendar
for clarification of how the two entities who bid on this contract were rated and selected.
Councilmember Hansen responded that ratings were based upon application review. Strong
references weighed heavily for Advocation, Inc., and was one determining factor for selection.
Discussion ensued amongst Council regarding the decisions made for the necessity to go out to
bid, clarification as to what is going to be done for the City, and the difficulties of obtaining State
funds for priority projects due to budget constraints. Councilmember Green asked if Council
could defer this item to a future meeting, a date certain, and Deputy City Administrator
Emery indicated that the existing contract has expired and the proposal is good for 180 days.
Council consensus carried by all present, none absent, to defer this item to the regular City
Council meeting of January 7, 2008.
(Redevelopment Agency) Approved the Affordable Housing Component AB 1290
Implementation Plan January 2005 Through December 2009 Mid -Term Update
Communication from the Deputy Executive Director of the Redevelopment Agency transmitting
the following
Statement of Issue: The California Redevelopment Law required Redevelopment Agencies to
prepare and adopt Five -Year Implementation Plans and Mid -Term Updates. On November 15,
2004, the Agency Adopted the Five -Year Implementation Plan for the Huntington Beach Merged
Project Area and, in 2002, the Agency adopted the Five -Year Implementation for the Southeast
Coastal Redevelopment Project Area. In 2004, the Agency also adopted a Ten -Year Housing
Compliance Plan to supplement the Implementation Plan Materials. In December, 2007,
pursuant to California Redevelopment Law, the Agency will be asked to review and adopted a
mid-term update for the Huntington Beach Merged Project Area and a new Five -Year
Implementation Plan for the Southeast Coastal Redevelopment Project Area. The attached
Affordable Housing Component Implementation Plan (2005-2009) satisfies all the applicable
affordable housing reporting obligations.
Economic Development Director Smalewitz discussed housing statutory requirements and
called on Kathe Head, Keyser Marston Associates, who gave a PowerPoint presentation that
included the following information: Affordable Housing Accomplishments, Replacement
Housing Requirements, Inclusionary Housing Production Requirements, Inclusionary Housing
Production Obligations, Inclusionary Housing Production Obligations for Private/ Agency
Assisted Development, Proportionality Tests January 2002 - December 2014, Excess Surplus
Calculations, Covenant Requirements, Energy Efficiency, Available Funding Sources, Set -Aside
Funds, HOME Funds, Inclusionary Housing Fees, Other Funding Sources, Affordable Housing
Activities Implementation Plan Period, Oakview Neighborhood, Huntington Gardens, Mixed -
Use Development on Commercial Corridors, Rehabilitation Loan Program, Emergency Grant
Program, Pacific City Affordable Housing Requirements, Workforce Housing, and Summary -
Implementation Plan Requirements 2004/05-2013.
December 17, 2007 — Council/Agency Minutes Page 22 of 22
A motion was made by Bohr, second Coerper to adopt the Affordable Housing Component AB
1290 Implementation Plan January 2005-December 2009 Mid -Term Update Report. The
motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
Council Comments — (Not Agendized)
Councilmember Coerper announced for the record submitting a two -page report of events he
attended, but highlighted The Rededication Ceremony of the Veteran's Memorial Monument at
City Hall earlier today, and the Huntington Beach Fire Department Annual Badge Pinning
Ceremony on Friday, December 14.
Councilmember Carchio wished everyone a Merry Christmas and Happy New Year.
Council/Agency Adjournment
Mayor Cook adjourned the regular meeting of the City Council/Redevelopment Agency of the
City of Huntington Beach at 9:12 p.m., to Monday, January 7, 2008, at 4:00 p.m., in Room B-8,
Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
�r�€City Clerk -Clerk �4y
Mayor -Chair