HomeMy WebLinkAbout2008-02-04Minutes
Council/RDA Meeting
City Council/Redevelopment Agency
City of Huntington Beach
Monday, February 4, 2008
4:00 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
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 the City Council Chambers due to an anticipated 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 5:05 p.m., in the City Council Chambers.
City Council/Redevelopment Agency Roll Call
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
Absent: None
(Councilmember Green arrived at 5:08 p.m.)
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced no Late
Communications regarding Closed Session items had been received by her office following
distribution of the agenda packet.
Public Comments - None
Motion to Recess to Closed Session - 5:06 p.m.
A motion was made by Coerper, second Bohr, to recess to Closed Session. The motion
was carried by a consensus of Council present, none absent.
(City Council) Closed Session — Pursuant to Government Code Section 54956.9, the City
Council shall recess to Closed Session to confer with the City Attorney regarding the
following lawsuit: Metromedia Fiber Network Services, Inc. v. State Board of Equalization,
et.al.; Sacramento Superior Court No. 34-2007-00882854. This case involves a claim for a
tax refund of State -assessed property taxes for the tax year 2003-2004 and is brought
against the State Board of Equalization and twelve California counties, including the County
of Orange.
February 4, 2008 — Council/Agency Minutes — Page 2 of 31
(City Council) Closed Session — Pursuant to Government Code Section 54957.6, the City
Council shall recess to Closed Session to meet with its designated labor negotiators: Paul
Emery, Interim City Administrator; Bob Hall, Deputy City Administrator; Michele Carr,
Director of Human Resources; Dan Villella, Finance Director; Duane Olson, Fire Chief; and
Renee Mayne, Chief Negotiator, regarding labor negotiations with HBFA.
Reconvene City Council/Redevelopment Agency Meeting - 6:00 p.m.
The City Attorney Reported No Action Taken During Closed Session Which Required
A Reporting Pursuant to Government Code §54957.1(a) (3) (B).
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
Absent: None
Pledge of Allegiance/Flag Salute - Led by Cub Scout Pack 1010
Invocation - Provided by Steven Goldstein representing Family Federation
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan Flynn announced the following
Late Communications received by the City Clerk's Office following distribution of the City
Council Agenda packet:
Communications submitted by the following 54 individuals stating opinions pertaining to
Public Hearing Item No. D-1 (Huntington Beach Senior Center Project). Clerk Flynn
identified a spelling correction for Mark Alber III as Mark Allen III.
Mary Jo Baretich, Charles & Jean Brac, Jane Burke, Michael & Sherry Coggins, David &
Kathy Crafton, Robert O. Dettloff, Nancy Donovan, Dale L. Dunn, Cindy Evans, Robin
Garcia, Tim Geddes, Kathryn E. Goddard, Charles & Janice Graff, Carol Griffith, Ezat
Heshemati, Betty J. Hickey, Mr. & Mrs. Hoffman, Laura Holdenwhite, Joyce Hoskinson,
LaDean Hughes, Jean A_ Ingram, Jack Kirkorn, Michael & Sandra Kistler, Donald Klein, Kim
Kolpin, Holly Kruger, Lynne Livingston, Mark Allen III, Phil & Gayle McCrea, Marli McGraw,
Donna Mason, Judy Ann Morris, Merle Moshiri, Eileen Murphy (2), Mrs. E. Peterson, Alan D.
Ray, Carol Settimo, Mary Louise Shattuck, Philip Smith, Marion & Elliott Sutton, Beverly
Taylor, Lois Vackar, Al & Olga Wrobel, Patricia Goodman, Chad Holcomb and Michael
McMahan.
Communication submitted by Steve Stafford, dated February 4, 2008 regarding insurance
on Consent Calendar Item No. E-3 (Emerald Cove Senior Apartments Capital Repair Project
2007).
PowerPoint communication regarding Administrative Item No. F-2 dated February 4, 2008,
submitted by Jim Engle, Director of Community Services and titled Huntington Beach High
School Skate Park, Termination of License Agreement Between the City of Huntington
Beach and the Huntington Beach Union High School District. Communication submitted by
Steve Stafford, dated February 4, 2008 regarding Administrative Item No. F-2 (Huntington
Beach High School Skate Park).
February 4, 2008 — Council/Agency Minutes — Page 3 of 31
Communication submitted by City Attorney Jennifer McGrath dated February 4, 2008 and
titled Late Communication February 4, 2008 Agenda Item G-2b Revised Legislative Draft of
Chapter 7.08 of the Municipal Code and Revised Ordinance #3798 (Spay/Neuter).
PowerPoint communication dated February 4, 2008, submitted by Police Chief Ken Small
and titled Council Agenda Item G-2b, Ordinance No. 3798, Resolution No. 2008-05
(spay/neuter/microchip of dogs and cats).
Communications submitted by the following 95 individuals stating opinions pertaining to
establishing an incentive -based fee program that encourages spay, neuter and microchip
identification for dogs and cats.
Teddi Alves, Diane Amendola, Gordon Amendola, Victoria Babinski, Doug Bacon, R. Allen
Baylis, Debbie Bent, Nancy Berger, Neil Berger, May Bradley, B. Brooks, Shawna Brooks,
Tiffany Brooks, Sue Chamberlain, Andrew Chance, Linda Clark, Jim & Kala Cohen, Holly
Conway, August Court, Lisa Dare, Gail S. Dash, Catherine De Luca, Marie Darraeie, Patti
Dennis, Karen Dembrowski, Fred DeNuccia, Daren DeNuccia, Marcie Dobkin, Jan Dykena,
Donald Foot, Jacki Forkel, Lisa Harris, Nancy E. Harrison, Viviana Hetherington, Robert &
Linda Hoffman, Gary Ilmanen, Tracy Jago, George Joseph, Rich Jubak, Jane Jubak, Carole
Kelly, Vicki Kimbell, Patrese Knox, L. Laughlin, Judith A. Legan, Keith Lezatte, Sue Lezatte,
Elizabeth McKennon, Tandy Mesmer, Marsha Mikit, Joan Mulligan, David Murray, Jason
Palm, Robert Patenaude, Ann Patrick, Arlene Peters, Christine S. Phillips, Jean Polkow,
Michael Powell, Michele Powell, Karen & Patti Pyfer, Lindsay Ray, Mary R_ Rogers, Jeff
Rogers, James Rogers, Linda M. Rogers, Michael Rogers, Christina Sanh, Richard A_
Smart, Sarah Sprouse, Monika Stachon, Jeff Sutherling, Miyako Tanaka, Terry Toussaint,
Charlene T. Vincent, Constance Wardell, Norm Westwell, John Wilker, Susan Wise, Sandy
Young, Dean Langwiser, Marilyn Barcellos, Charlotte Z. Foley and Harriet Seldin.
The Following Communications Were Received During the Meeting
Mayor Cook and Mayor Pro Tern Bohr submitted reports pursuant to AB 1234, which will be
on file in the City Clerk's Office.
Communication submitted by April Parmelee undated and titled MANDATORY SPAY/
NEUTER The Wrong Answer for Cat Lovers.
PowerPoint handout submitted by Mark Allen dated February 4, 2008 and titled Proposed
Central Park Senior Center City Council Feb. 4, 2008 Parks Legal Defense.
Presentation (Olive Crest Homes) - Mayor Debbie Cook called on Diana Casey
representing Olive Crest Homes for Abused Children for the presentation of a donation
check from Wally Sumner representing Navigator Tours, Rendezvous Tours, New Zealand
Air and Langham Hotel in conjunction with Waitakere City, New Zealand_
Ms. Casey introduced Dr. and Mrs. Lois Verlour, founders of Olive Crest Homes who
accepted a check in the amount of $735.00 from Wally Sumner. Dr. Verlour thanked
representative Sumner from our Sister City of Waitakere City, New Zealand, discussed
how child abuse has no geographical boundaries, and provided information on the number
of adoptions secured by Olive Crest Homes.
February 4, 2008 — Council/Agency Minutes — Page 4 of 31
Presentation (Huntington Beach Youth Shelter) - Mayor Debbie Cook called on Elsa
Greenfield representing the Community Service Program Inc., Huntington Beach Youth
Shelter for the presentation of a donation check from Wally Sumner representing Navigator
Tours, Rendezvous Tours, New Zealand Air and Langham Hotel in conjunction with
Waitakere City, New Zealand.
Ms. Greenfield thanked Council on behalf of the Huntington Beach Youth Shelter for
facilitating the program and discussed the how the Shelter was able to highlight its services
during the Sister City weekend celebration with New Zealand held in December.
Presentation (Interval House) - Mayor Debbie Cook called on Chief of Police Ken Small to
receive a check in the amount of $10,000 from Interval House (Domestic Violence Program
and Shelter) to enhance the investigation of domestic violence crimes.
Chief Small described the Police Department's relationship with Interval House since 1979,
and how grant opportunities helped provide $111,000 in donations to the City over the past
6 years. Chief Small introduced Sharon Wie, Director of Programs who described project
efforts relating to emergency response for domestic violence crimes. Director Wie
introduced dedicated team advocates as Cindy Tran, Janine Limas, Inshirah Oweini,
and former Huntington Beach Chief of Police and Interval House Board Member Ron
Lowenberg. Chief Lowenberg thanked Interval House team members for the service
they provide to the community, discussed community policing and partnering, and
encouraged the public to visit existing Interval House facilities.
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)
Mayor Cook announced that additional information on the spay/neuter ordinance
is available in the lobby.
Bob Hulling spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. He voiced concerns about the ages identified for spay and neuter, stating that
certified breeders follow American Kennel Club (AKC) rules and guidelines. He also
discussed the number of animals smuggled into the United States annually. (19:24)
Leslie Gilson thanked the Council and City staff for their efforts in removing diseased
eucalyptus trees in Gibbs Butterfly Park, and presented photographs of the Park in its
current condition. She announced a planting event scheduled for Arbor Day and described
how the park was once a way point to over 10,000 Monarch butterflies. She also
announced that February 16 will be designated as Monarch Day, with an event promoted to
bring Monarch butterflies back to Gibbs Park.
Councilmember Coerper thanked Ms. Gilson for superb work.
Councilmember Carchio and Ms. Gilson discussed how the Monarch promotion is meant
to attract all butterfly species, and that planting of new vegetation will be complete in April.
(22:40)
February 4, 2008 — Council/Agency Minutes — Page 5 of 31
Charles McCormack spoke in opposition to the proposed ordinance regarding an incentive -
based fee program that encourages dog and cat owners to spay, neuter and microchip their
animals_ He stated his opinion that the ordinance was drafted for money purposes only, that
is was unnecessary, and that there is no need to license cats. (26:22)
Dean Albright spoke in opposition to the proposed Senior Center development in Central
Park and provided a brief history of the area's past use as a retention basin in the early
1960s. He also described past Council efforts to develop the area into Central Park,
expressing his feelings that putting anything structural in the park would be wrong. (27:54)
Doug Bacon spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals_ He stated his opinion that pet overcrowding does not exist in Huntington Beach
and that requiring business licenses to sell pets is discriminatory. (30:01)
Annette Wilson spoke to the Council about a neighbor's dense trees causing utility
problems and loss of power in her neighborhood. She described how windy conditions
experienced on October 21, 2007 disabled her computer service, and how Verizon,
Southern California Edison, and the City have been unable to remedy the situation because
of an absentee landlord who will not resolve the nuisance. She requested Council
assistance and suggested that the City establish fines for property owners who
neglect property maintenance. (31:04)
Councilmember Hardy requested that Ms. Wilson fill out a Council Follow -Up card to
facilitate further action.
April Parmelee spoke in opposition to the proposed ordinance regarding an incentive -
based fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. She voiced concerns about how age limits specified within the ordinance for spay
and neuter would negatively affect future pedigree lines. She also discussed the screening
procedures practiced by breeders for individuals interested in purchasing a pet. (34:17)
Tom Brown spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. He discussed breeding of German Shepherd dogs, and described how his
veterinarian doesn't support castration. He also discussed the expense of proper care and
voiced concerns about a number of Huntington Beach pet shops selling puppies imported
from other countries. (38:00)
Ken Burton spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. He voiced concerns about reported cancer statistics for microchipped animals,
and making decisions that should be made by a veterinarian, suggesting education as
a better method to improve animal control. (41:17)
Debbie Bent spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. She voiced confusion about conflicting information provided at the meeting,
and referenced language in various sections of the ordinance that suggests spay, neuter
and microchip activity is mandatory, how the term "Bench" show does not apply to
Huntington Beach, and her opinion that the proposed fee schedule is exorbitant. (43:35)
February 4, 2008 — Council/Agency Minutes — Page 6 of 31
Mayor Cook stated that she addressed similar concerns about confusing language with
the City Attorney, and that the Council will attempt to clarify that spay, neuter and microchip
activity is voluntary, not mandatory.
Nancy Shorts spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals, urging the Council not to vote on an unclear ordinance. (46:35)
Mary Bradley spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. She discussed the status of AB 1634 in Sacramento, and her opinion that a local
animal control issue does not exist. She also discussed medical and structural conditions
that occur in animals that are spayed too early. (47:20)
Patti Burton spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. She voiced concerns about unfair taxation and being penalized for irresponsible
breeder/pet ownership. She also stated her opinion that mandatory laws have not provided
decreased euthanasia activity in shelters, that prospective pet owners need to be
screened, and that identification issues do exist among microchipped pets. (50A 0)
Teddi Alves spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. She expressed appreciation for the Council's consideration, but voiced concerns
about modified information being presented at the meeting without allowing ample time for
public review. She stated her opinion that the ordinance was written to make money,
and urged the Council to consider a fair, tiered fee schedule. (53:20)
Patricia Schempp spoke in opposition to the proposed ordinance regarding an incentive -
based fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. She urged the Council to consider adopting a tiered fee schedule. (56:05)
Diane Amendola spoke in opposition to the proposed ordinance regarding an incentive -
based fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. She thanked the Council for their attentiveness and requested that the taxation
identified within the ordinance be lowered. She also stated her opinion that statistics
indicate no animal control problem at the local level, and shared her preference to purchase
a dog from a qualified breeder, not local pet shops that house rescues from outside of the
United States. (56:45)
Mayor Cook reminded the public that the Council did not establish the fee figures identified
within the fee schedule.
Ed Templeton spoke in opposition to terminating the license agreement for the Huntington
Beach High School Skateboard Park. He described how he skates at that location 3 to 4
times per week and has not witnessed the problems identified in a local news article. He
stated his opinion that skateboarding is a part of the local heritage, and urged the Council to
consider a replacement location for the lost park. (01:00:23)
Councilmember Hansen requested that the speaker fill out Council Follow -Up card to
facilitate further inter -action.
February 4, 2008 — Council/Agency Minutes — Page 7 of 31
Molly Kiefer spoke in opposition to terminating the lease agreement for the Huntington
Beach High School Skateboard Park. She described her children's involvement in the sport
and described it as a positive activity that promotes health and exercise. She discussed
how Huntington Beach is the hub of the skateboard industry, and how it is the fastest
growing sport worldwide with millions of dollars being spent on new parks. She requested
that the Council commit to a new location for replacement of the lost park. (01:03:15)
Steve Stafford voiced concerns about past vandalism and graffiti activity experienced at
Huntington Beach High School prior to the opening of the Skate Park. He discussed
alternate sources of revenue that may be available to fund a new park, and alternative sites
to consider such as Worthy Park or the northwest corner of Main Street and Utica Avenue.
(01:05:45)
Doug Traub, President of the Huntington Beach Conference and Visitors Bureau (CVB),
spoke to the Council about the CVB's efforts to develop a new Visitors Center at Pier Plaza
in accordance with a strategic plan by earmarking $102,000 from other projects. He
described the number of hours spent on research and urged the Council to approve the
request and help make visitors aware of local tourist attractions. (01:08:25)
Nancy Donaven voiced concerns about the effect bottled water has on our environment.
She reminded the Council that the U.S. Conference of Mayors passed a resolution on
proliferation of bottled water, discussed safe drinking water, municipal waste and landfills,
and oil use that could provide alternative energy. (01:10:48)
Councilmember Green commented that the City has established water conservation
practices and recycling programs.
Allen Baylis representing Pet Owners Want Equal Rights (POWER), spoke in opposition to
the proposed ordinance regarding an incentive -based fee program that encourages dog and
cat owners to spay, neuter and microchip their animals. He voiced concerns about the true
intent of an incentive -based program and mandatory conditions that are unenforceable.
(01:13:35)
Mort Evans spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals_ He stated his opinion that the City does not have an animal control problem and
urged the Council to deny the ordinance. (01:15:50)
Carol Hamilton spoke in opposition to the proposed ordinance regarding an incentive -
based fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. She brought Council's attention to an Irish Terrier that functions as a service dog
who can detect medical conditions, stating her opinion that the ordinance will tax pedigrees
out of existence. She also discussed how dogs from third -world countries wind up in
shelters, and the importance of animal rescue organizations. (01:17:00)
Jim Townsend spoke in support of the proposed Senior Center at Huntington Central Park.
He stated his opinion that the Rodgers' Center is being held in place by termites, and
described the beauty of the Fountain Valley Senior Center that is 1.5 times larger and is
usually crowded. (01:20:37)
February 4, 2008 — Council/Agency Minutes — Page 8 of 31
Peter Townend, representing USA's Skateboarding National Governing Body Commission,
requested that the Council consider replacing the Huntington Beach Skate Park scheduled
for lease termination. He described raising three children in Huntington Beach, and stated
pride for son Tosh Townend, a world-renowned skateboarder. He also made reference
to successful skateboarding businesses, the success of Ryan Schekler's television program
on MTV, and Olympic Gold Medalist Shawn White's sponsor affiliation with Target stores.
He voiced concerns about a local news article that quoted a Counciimember as stating more
pressing issues in the City exist before skateboard parks. (01:23:00)
Barry Johnson requested that the Council consider replacing the Huntington Beach Skate
Park scheduled for lease termination. He discussed how designated parks help decrease
the amount of trespassing on private property, identifying a number of parks in nearby
cities. He stated his opinion that the sport keeps kids busy and out of trouble, and
suggested the beach as a possible relocation site and his feeling that downtown skate
shops would support the idea. (01:25:54)
Ron Johnson thanked Council for listening to speakers in support of skateboarding in
Huntington Beach. He described his personal experiences skateboarding in the area, and
urged the Council not to support Huntington Beach High's recommendation to terminate the
Skate Park lease agreement. (01:29:07)
Mayor Cook reminded the public that the decision to terminate the Skate Park Lease
Agreement lies solely with the Huntington Beach Union High School District.
Jeff Aezer urged the Council to build a new Skate Park in an alternate location, and
discussed his plans to introduce his children to skateboarding. (01:30:00)
Cameron Troxey, 13-year resident described how he and his friends spend all their time at
the Skate Park, urging the Council to keep the park or replace it at an alternate location.
(01:30:52)
Mayor Cook asked if any of the speakers present on the Skate Park attended the School
Board meeting on the item.
Kathryn Lui spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. She voiced her opinion that the item has wasted taxpayer's time and money, and
directed discussion on the recall process for elected officials at Mayor Pro Tern Bohr for
bringing the request forward. (01:31:42)
Mayor Cook reminded the speaker that the language within the proposed ordinance is not
reflective of Council's intent and direction to staff.
Norm Westwell spoke in opposition to the proposed ordinance regarding an incentive -
based fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. He called the action unnecessary and discussed restrictions on personal property
and how private property rights should be protected, not diminished. He urged Council to
allow animal control officials to make decisions related to animal abandonment. He also
voiced concerns about advertising breeder business license numbers, extreme license fees,
and how animal rights activists turned away from Huntington Beach when the City of Los
Angeles considered a similar ordinance. (01:35:07)
February 4, 2008 — Council/Agency Minutes — Page 9 of 31
Judi Demers, Animal Assistance League of Orange County, spoke in favor of the proposed
ordinance regarding an incentive -based fee program that encourages dog and cat owners to
spay, neuter and microchip their animals. (01:38:20)
Catherine L. DeLuca spoke in opposition to the proposed ordinance regarding an incentive -
based fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. She introduced her pedigree dog Clancy and voiced concerns about the ordinance
deterring people from rescuing animals because of high fees. She urged the Council to
listen to their constituents who oppose the ordinance. (01:38:55)
James Wilschke spoke in support of the Huntington Beach High School Skate Park, voicing
concerns for future skateboarders who will have no place to skate_ He urged Council to
consider a new park facility and location. (01:41:13)
Alexandra Gold spoke in support of a new Senior Center, but not in its proposed location at
Central Park. (01:42:08)
Kenta Kito spoke in support of the Huntington Beach High School Skate Park, and
discussed the friendships he made while skating there. He urged Council to consider a new
park facility and location. (01:42:40)
Ralph Berker spoke in opposition to the proposed ordinance regarding an incentive -based
fee program that encourages dog and cat owners to spay, neuter and microchip their
animals. He voiced concerns about spay/neuter provisions involving young animals, and
whether or not the ordinance will resolve overcrowded animal shelters. He stated his
opinion that social conscientiousness can not be legislated, and discussed the importance
of community education on proper animal care. (01:43:30)
Jon Bunch, Golden West College, spoke in support of the proposed Senior Center at an
alternate location in order to save Central Park_ (01:46:30)
Stefanie Gay spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:46:46)
Jules Hooper spoke in support of the proposed Senior Center in Central Park and
described his volunteer activity at Rodgers' Senior Center. (01:47:52)
Ryan Cisneros spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:48:55)
Anh Pham spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:49:10)
Cetin Aydin spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:49:25)
Tri Nguyen spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:49:35)
February 4, 2008 — Council/Agency Minutes — Page 10 of 31
Jeff Payetta spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:49:45)
Councilmember Green asked speakers if they were attending the meeting on a class
assignment, and if they receive extra credit.
James Chung spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:50:32)
Roy Lee spoke in support of the proposed Senior Center at an alternate location in order to
save Central Park_ (01:51:01)
Amy Peterson spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:51:20)
Laura Reichstadt spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:51:39)
Councilmember Carchio asked speakers to identify the class they represent from
Goldenwest College. Ms. Reichstadt responded, "Geography."
Noel Clarke Jr. spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:52:16)
Ian Knox spoke in support of the proposed Senior Center at an alternate location in order to
save Central Park. (01:52:45)
Quinnie Nguyen spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:53:20)
Kathy Truong spoke in support of the proposed Senior Center at an alternate location in
order to save Central Park. (01:53:42)
Mayor Pro Tern Bohr announced that the Skate Part issue will be discussed at the
Huntington Beach Union High School District meeting on February 12, 2008 at 7:30 p.m. at
5032 Bolsa Avenue.
Council Committee/Appointments/Liaison Reports and All AB 1234 Disclosure
Reporting
City Clerk Flynn identified a report submitted by Mayor Pro Tern Bohr, and Mayor Cook
identified her attendance a U.S. Conference of Mayors meeting in Washington, D.C.
City Administrator's Report - None.
(City Council) Reviewed and Accepted Shari L. Freidenrich, City Treasurer's
December 2007 Investment Summary Report Titled City of Huntington Beach
Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation
Activity for December 2007
Communication from City Treasurer Shari L. Freidenrich transmitting the Monthly Investment
Report and Summary of Investments for December 2007.
February 4, 2008 — Council/Agency Minutes — Page 11 of 31
PowerPoint presentation titled December Treasurer's Report is included in the agenda
packet.
City Treasurer Shari Freidenrich provided a PowerPoint presentation.
A motion was made by Coerper, second Carchio to review and accept the Monthly
Investment Report. Following review of the report, by motion of Council, accept the Monthly
Investment Report entitled Summary of Investment Portfolio, Bond Proceeds, and Deferred
Compensation Activity for December 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) Public Hearing Held to Consider an Appeal by Mayor Cook of the
Planning Commission's Approval of Environmental Impact Report (EIR) No. 07-002
and Conditional Use Permit No. (CUP) No. 07-039 for the Construction and Operation
of an Approximately 45,000 sq. ft. Senior Center to be Located at 18041 Goldenwest
Street, a 5-Acre Site Southwest of the Intersection of Goldenwest Street/Talbert
Avenue in Central Park; Adopted Resolution No. 2008-06 Certifying the Final EIR
(SCH #2007041027) for the Huntington Beach Senior Center Project; Approved
California Environmental Quality Act (CEQA) Statement of Findings of Fact with a
Statement of Overriding Considerations
Communication from the City Attorney transmitting the following Statement of Issue:
NOTICE IS HEREBY GIVEN that on Monday, February 4, 2008, at 6:00 p.m. in the City
Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public
hearing on the following planning and zoning items:
APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF ENVIRONMENTAL
IMPACT REPORT NO. 07-002/CONDITIONAL USE PERMIT NO. 07-039 (HUNTINGTON
BEACH SENIOR CENTER)
Appellant: Mayor Cook
**PowerPoint presentation titled Huntington Beach Senior Center in Central Park, Appeal of
Planning Commission's Approval of: Environmental Impact Report No. 07-002, Conditional
Use Permit No. 07-039 was included in the agenda packet.
Funding Source: Not applicable
Interim City Administrator Paul Emery introduced Scott Hess, Director of Planning who
made introductions of internal staff and outside consultants involved in the project
including Associate Planner Jennifer Villasenor, Planning Manager Mary Beth Broeren,
Facility, Development and Concessions Manager Dave Dominguez, Transportation
Manager Bob Stachelski, Fire Prevention Specialist Lee Caldwell, Deputy City Attorney
Leonie Mulvihill, Principal Civic Engineer Terri Elliott and Associate Civil Engineer Debbie
Debow. He also introduced several members of consultant teams with PBS&J, Urban
Crossroads, and LPA, Inc.
February 4, 2008 — Council/Agency Minutes — Page 12 of 31
Planner Villasenor made a PowerPoint presentation that provided the following
information: Project Location and Outerlying Properties, EIR 07-002 Analysis, Impacts
(project specific and cumulative), Conditional Use Permit, Aerial View of Site, Project
Description, Hours of Operation, Elevations, Planning Commission Action, Appeal, Analysis
- EIR/CUP/Land Use Compatibility, Analysis - Measures C and T, Analysis - Pacific City EIR
- Project Funding, Statement of Overriding Considerations and Recommended Action.
Councilmember Coerper asked staff to explain criteria for LEED Certification. Administrator
Emery explained that the Planning Commission recommended LEED Certification as a
condition of approval and that cost implications were identified in a communication that
accompanied the staff report.
Councilmember Green questioned certain additional costs identified for LEED Certification,
and Director Hess provided specific numbers, explaining that the additional figure of
$80,000 is included within the total estimate of $330,000. Councilmember Green asked if
the City would be able to remove certain criteria that she considers would not benefit the
City. Director Hess stated that certain point evaluation would need further study.
Councilmember Coerper voiced concerns about how the City would fund the estimate for
LEED Certification. Administrator Emery explained that the Council has discretion to
consider alternatives that will affect final cost and building design.
Councilmember Carchio asked for clarification on LEED specifications. Administrator Emery
explained that the project is in the early phases of development, and that building
specifications have not been finalized. He discussed prior Council direction to utilize green
techniques and described how including certain building components earn credit in the
LEED points system. Councilmember Carchio suggested a monetary cap be identified
and questioned whether the City has hired a LEED Consultant.
Councilmember Hardy questioned why the project encompasses 5 acres given that the
building footprint provides for 1 acre. Planner Villasenor explained that 2 of the remaining 4
acres have been identified for parking, with the remainder designated for landscaping,
including a 10,000 square foot lawn. She also explained that a final landscape plan would
be presented at a later date.
Councilmember Hardy asked about grading, voicing concerns about the slope that exists
between the sidewalk on Goldenwest Street, and the front entrance of the facility. She
asked for the number of feet at that distance, and from the front entrance to the furthest
proposed parking space. Planner Villasenor described the walkway designed from
Goldenwest Street to the front entrance, with a measured distance of approximately 300
feet, and approximately 200 to 250 feet from the property setback in the parking area to the
front entrance.
Councilmember Green asked if the landscape plan will utilize drought tolerant vegetation.
Planner Villasenor responded affirmatively.
Councilmember Coerper voiced concerns about the slope affecting handicap access.
Planner Villasenor ensured that the slope would be gradual per ADA requirements
and referred to the site plan for access driveway and ADA ramp location.
Mayor Cook declared the Public Hearing open.
February 4, 2008 — Council/Agency Minutes — Page 13 of 31
(The numbers following speakers' comments reflect the approximate point in time in the
archived video the speaker appears at http://www.sur-fcity-hb.org/government/agendas)
City Clerk Flynn read into the record receipt of the following Late Communications:
Communications submitted by the following 54 individuals stating opinions pertaining to
Public Hearing Item No. D-1 (Huntington Beach Senior Center Project). Clerk Flynn
repeated a spelling correction for Mark Alber III and Mark Allen 111.
Mary Jo Baretich, Charles & Jean Brac, Jane Burke, Michael & Sherry Coggins, David &
Kathy Crafton, Robert O. Dettloff, Nancy Donovan, Dale L. Dunn, Cindy Evans, Robin
Garcia, Tim Geddes, Kathryn E. Goddard, Charles & Janice Graff, Carol Griffith, Ezat
Heshemati, Betty J. Hickey, Mr. & Mrs. Hoffman, Laura Holdenwhite, Joyce Hoskinson,
LaDean Hughes, Jean A. Ingram, Jack Kirkorn, Michael & Sandra Kistler, Donald Klein, Kim
Kolpin, Holly Kruger, Lynne Livingston, Mark Allen III, Phil & Gayle McCrea, Marli McGraw,
Donna Mason, Judy Ann Morris, Merle Moshiri, Eileen Murphy (2), Mrs. E. Peterson, Alan D.
Ray, Carol Settimo, Mary Louise Shattuck, Philip Smith, Marion & Elliott Sutton, Beverly
Taylor, Lois Vackar, Al & Olga Wrobel, Patricia Goodman, Chad Holcomb and Michael
McMahan.
Tom Livengood, Planning Commission Chair, spoke in support of the item and the
Commission's recommendation to support LEED Certification, explaining how it applies not
only to building design, but to transportation, recycling, construction waste management and
other development components. He stated that the $330,000 estimate includes all
associated costs and discussed meetings held by both Subcommittees (Planning
Commission and Council) on green standards. He stressed the importance green
certification, explaining that builders will not understand the City's vision if green standards
are denied on this project. He also discussed how green standards are cost effective and a
plus for the environment. (02:33:20)
Councilmember Green asked if the Commission was unanimous on LEED Certification_
Commissioner Livengood explained that members of the Commission and Subcommittee
had differences of opinion on condition of approval language, but as a whole, unanimously
supported the requirement. Councilmember Green pointed out that being LEED certified
and building green is two different things. Commissioner Livengood reiterated the LEED
Certified was the intent of the Commission. Discussion ensued on the difference
between LEED and green standards.
Councilmember Coerper asked if LEED standards provide a financial return. Commissioner
Livengood explained that the returns may be long range, but the impact is positive, citing
examples such as utilities and other savings.
April Bautista, Goldenwest College, spoke in support of a new Senior Center, but not at the
proposed location in Central Park. She discussed how funds recommended for landscaping
could be used to improve conditions in Irby and Bartlett Parks, and voiced concerns about
additional traffic on Goldenwest Street. She also encouraged additional studies on
allocating funds for park improvements, LEED Certification and alternative sites. (02:40:05)
Mark C. Allen, Parks Legal Defense Fund, provided a PowerPoint that addressed
jurisdictional inconsistencies between the Planning Commission and the City Council,
environmental review and issue discovery, and public knowledge of issues, stating his
opinion that the project, as presented, requires a vote of the people. He discussed risk
February 4, 2008 — Council/Agency Minutes — Page 14 of 31
factors associated with depending on another project's earmarked funds during a difficult
economic time. He also stated his opinion that the conditional use permit doesn't comply
with its land use designation for non-commercial activity for park and recreation when the
proposed structure will function as a banquet, dance and exercise facility. (02:41:50)
Mayor Cook asked Mr. Allen to explain restrictions involved in using Mello -Roos fees
to mitigate for the impacts of new development, and her understanding that as a Charter
City, Huntington Beach can prepare an ordinance to ignore Mello Roos law. Mr. Allen
explained how the item may conflict with California State law, describing how Mello Roos
funds can be applied on certain subdivisions with related uses.
Councilmember Carchio asked for clarification on establishing a nexus. Mr. Allen explained
that there must be a rational connection between the project's intended use, and the actual
activity that takes place at that location. He also provided examples of reasoning to
establish a nexus, and Councilmember Carchio questioned the rationale of requiring
a percentage of seniors who reside in the Pacific City development to use the new senior
facility in order to substantiate earmarked funds. Mayor Cook explained that Community
Facility District (CDF) funds can only be used to mitigate for the impacts of new
development and not as a tool for a new development to pay for a pre-existing need.
Kristin Stilton expressed concerns with the City's prepared remarks that funding issues
should not be included as part of the Environmental Impact Report (EIR) discussion,
improper earmark of Makar Quimby fees, a side arrangement involving CFD and Mello Roos
taxes, a project cost estimate that applies to structural issues only, and establishing a nexus
between the proposed project and the Pacific City EIR, stating that the proposal does not
fulfill EIR requirements. She discussed how a community survey ranked 27 projects that
qualify for Quimby fund use, including identification of skate park, bluff top park, and Edison
Community Center, and stated her opinion that the square footage of the new facility should
more appropriately represent the City's senior population. (02:53:25)
Mayor Cook asked where a new Senior Center ranked on the City survey_ Staff identified
the item as number 8 on the list. Ms. Stilton explained that seniors who participated in the
study did not place a high ranking on building a new center. Councilmember Carchio asked
if the survey included statistics on senior centers in surrounding cities. Ms. Stilton
responded in the negative, but clarified that the study did include how Quimby funds are
used in other cities.
Dean Albright questioned if the project considered water hydrology for the surrounding
area, voicing concerns about locating a berm to the west side of the project that may create
a stormwater flow issue that will carry oil components into the park. (02:58:32)
Cathy Meschuk spoke in support of the proposal and discussed how the Center will be
used as a recreational facility. She also addressed issues of overcrowding and volunteer
activity that currently exist with the Rodgers' Senior Center, and how the need for services
will increase in future, urging the Council to certify the EIR. (02:59:30)
Joe Shaw, Planning Commission Member speaking as a private citizen, discussed the
Council's support of the U.S. Conference of Mayor's Agreement on Climate Protection,
requesting that they live up to the standards identified by the agreement and approve
the project as a LEED Certified development. He also discussed fiscal responsibility in
relation to future energy and water costs, and how Makar Properties may contribute up to
$38 million to assist with this project. He described a green award realized by the City
February 4, 2008 — Council/Agency Minutes — Page 15 of 31
of Santa Monica, and how Huntington Beach can become a green leader among Orange
County cities. (03:01:10)
Milt Dardis asked staff to clarify inconsistencies related to construction costs per square
foot and voiced concerns involving traffic impacts, contingency, engineering, permit fees,
construction administration and operational costs. He also discussed how the area's senior
demographics will be effected by closure of the Rodgers' Senior Center. (03:03:35)
Merle Moshiri spoke in support of a new Senior Center, but opposes the proposed size and
location. She discussed landmarks and suggested alternate locations such as Kettler
School. (03:06:31)
Mike Sloan stated his opinion that the project was falsely presented to the registered voters
of Huntington Beach as a senior center, not multi -generational recreational facility. He
voiced concerns related to funding and Makar's use of Quimby obligation funds paid through
Mello Roos tax, and how the project's grand scale will cause a painful loss of open space,
urging the Council to consider an alternative site. (03:08:08)
Mary Jo Baretich stated her opinion that the City needs to recognize the value of park land
and take the lead in building energy efficient and environmentally friendly structures. She
described the project design as sterile, and not a fit with the contour of the land. She voiced
concerns about the City's use of Quimby fees and future Mello Roos tax to fund the project,
and the improbability of senior citizens being able to afford a condominium in the Pacific City
Development. She also voiced concerns about inadequate studies done to address
disruption of the environmentally sensitive habitat areas of the California Raptors and
Burrowing Owls. (03:10:55)
John McGregor, 39-year resident, described how he frequents the Rodgers' Senior Center
and surrounding centers in other cities on a daily basis for exercise programs and other
activity. He voiced opposition to the project at its proposed location, recommending that the
Council consider Kettler School as an alternative site. He discussed how the School District
recently spent over $3 million to repair the Kettler facility, and how it has ample parking.
(03:14:53)
Norma Gibbs spoke about her involvement as a past member of the City Council in the
dedication of Central Park, and how the City has provided venues at the Park to meet
various community needs including equestrian, sports and nature, and that 5 acres of the
Park should be dedicated for senior activity. She also discussed support received by
the Council on Aging, and reminded the public that the School District denied the City's
original request to purchase the Kettler School site. She voiced support for green building
standards, but stated her belief that the City should cover the additional costs for LEED
Certification. (03:17:48)
Don MacAllister, 40-year resident and past Mayor, informed the Council of his service as
Vice -President for the Council on Aging and his affiliations with other Senior Advisory
Councils. He commended the City's continued support of senior services and active
volunteer and transportation programs. He stated that current senior facilities are outdated
and will not support the growing senior population. He voiced support for the proposed
project and requested that the Council approve the EIR. He also voiced support for building
with high green standards, not LEED Certification. (03:21:21)
February 4, 2008 — Council/Agency Minutes — Page 16 of 31
Eileen Murphy spoke in favor of preserving open space and encouraged the Council to
deny the Senior Center EIR. She also suggested that the funds provided by the Pacific City
developer be used to improve dilapidated conditions of certain parks within the City.
(03:24:14)
Pat Goodman, 30-year resident, spoke in opposition to the proposed project in Central
Park. Although she stated support for a new Senior Center, she requested that Council
deny the proposal in its entirety due to her concerns of litigation involving Mello Roos fees,
traffic safety and aesthetics. (03:25:32)
Steve Stafford spoke in opposition to the item, voicing concerns related to project funding
through Mello Roos tax and an uncertain commitment by the developer. He also stated his
opinion that the EIR did not adequately address flooding issues during the rainy season.
(03:27:14)
Judy Ann Morris, 31-year resident with volunteer experience, stressed the importance of
Council's approval of the project as proposed. She voiced concerns with the City's lack of
senior center square footage per capita, citing examples of various surrounding cities that
offer a greater ratio. (03:29:13)
Mindy White stated she resides within a 1,000 feet of the proposed project, commenting
on a language discrepancy regarding an environmentally superior plan, and that paying
for LEED Certification ensures accountability. She voiced concern about loss of open
space, stating that the EIR described visual corridor impact as a subjective determination.
She also addressed geology and soil issues and her concern that various groups have
already outlined areas for further expansion. She read language within in the Pacific City
EIR that described how project funds and Mello Roos fees will be used, questioning the
assertion that a reasonable relationship exists between the two projects. She concluded by
stating that people were not fully aware of magnitude of project when they cast their vote.
(03:31:30)
Shirley Dettloff, former Mayor and 45-year resident, spoke on behalf of herself and
husband Bob Dettloff in support of the proposed project. She described how development
has changed the City over the years and how certain active citizens who worked to save
Central Park now support the project as presented. She acknowledged that open space
needs to be protected, but suggested that individuals who question the safety of significant
habitat in the area have no scientific evidence that suggests harm. She described how the
EIR provides mitigation measures for disruption of open space, stating her opinion that
using 5 acres of land to benefit the senior population is not too much to ask for. She
concluded by arguing that citizens who voted on the Measure T ballot initiative were
adequately informed of the project including a televised public forum and various news
articles and project mailers. (03-35:30)
Larry Geisse congratulated Mayor Cook on her decision to run for Congress. He spoke in
support of a new Senior Center, but not at the proposed location. He voiced concerns about
mitigation of legal, environmental and fiscal issues on a go -forward basis, and his opinion
that approving bodies lacked understanding of consistency issues related to Measure C and
Measure T. He urged Council to consider past financial issues relating to other large scale
projects, and annual operating costs paid for by General Fund dollars. He concluded by
stating the referendum only received a 51 % approval rate, and his opinion that voters were
not fully aware of the complete proposal. (03:38:55)
February 4, 2008 — Council/Agency Minutes — Page 17 of 31
Penelope Duran, student at Golden West College, spoke in support of a new Senior Center
but not at the proposed location. She described how the project was discussed in class,
and requested that Council preserve open space and finds an alternative location.
(03:42:50)
Henry Nguyen, student at Golden West College, spoke in support of a new Senior Center
but not at the proposed location. He discussed how taking certain courses have made him
aware of the project's potential impacts, and his opinion that it does not benefit all ages. He
requested that the City analyze all aspects including financial and aesthetics, consider
alternate sites that are environmentally stable, and downsize the project area. He also
voiced concerns about the project's effect on global warming. (03:43:38)
Shauna Searles, student at Golden West College, spoke in support of a new Senior Center
but not at the proposed location. She discussed how seniors would be better served if the
City directed the project funds to something that would provide a financial benefit, and
requested that it the project is approved, it be built with green standards. (03:45:30)
Chris Johnston, student at Golden West College, spoke in support of a new Senior Center
but not at the proposed location. He urged Council to conserve open space, protect wildlife,
and consider use of funds to renovate existing buildings or possibly build a parking garage.
(03:47:00)
Victor A. Cohn discussed his affiliation with the Council on Aging, and provided a
PowerPoint on LEED Certification. He explained that LEED stands for Leadership in Energy
and Environmental Design, stating that the program is designed to transform buildings into
valuable ecological resources through a voluntary rating system based on accepted energy
and environmental principals. He also presented a project checklist to depict how points
may be earned for certification credit. (03:47:55)
Candace Bartsch spoke in support of the project as proposed, and discussed the
importance of providing a better quality of life for senior citizens. She provided statistics to
demonstrate their growing population, described her experience working with senior
citizens, and stated that a large number of seniors rely on centers for social and health -
related activities and assistance. (03:51:50)
Adria Thomke, member of the Council on Aging, spoke in support of the proposed project
as presented. She described attractive components of the project including native
vegetation and landscaping, and urged the Council to certify the EIR_ (03:55:20)
Dave Sullivan, former Mayor, spoke in support of the project as proposed. He discussed
how staff identified funds for a frugal, but adequate development with green standards,
not LEED Certification. He suggested if approved, costs for LEED Certification be taken
separately from the City's secondary reserves. He also stated that the original CUP
language read "strive to LEED Certify the project," suggesting that the Council include the
language in tonight's proposal. He reminded the Council that voters approved a Senior
Center in Central Park, how seniors voted to tax themselves in the 1970s in order to
purchase the land for Central Park, and how its central location makes perfect sense.
(03:57:20)
Mayor Cook asked Mr. Sullivan if he could explain why he described the $22 million dollar
estimate as frugal, a 45,000 square foot building when calculated equates to approximately
February 4, 2008 — Council/Agency Minutes — Page 18 of 31
$488 per square foot in construction costs without LEED Certification. Mr. Sullivan
recommended that staff respond to the inquiry.
Kathryn Lui asked for assistance in understanding if the proposal identifies an age criteria
for seniors similar to senior residential communities; if the EIR studied current and projected
senior populations; if public land funds can be earmarked for a specific group of people;
and, if the EIR considered potential impacts if the facility is available for use by the general
public. (04:01:13)
Carrie Thomas spoke in support of a new Senior Center, but not at the proposed location,
voicing concerns about loss of park land. She stated her opinion that the ballot measure
language didn't educate the public of extreme project costs, and discussed the importance
of LEED Certification, describing the program as a huge palette of elements that can
selectively be incorporated into a building. She also stated that the project is being
identified as the premier development project of the City, and that it will set precedence for
future activity by developers. (04:03:24)
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 requested an opinion from legal counsel on use of Mello Roos
funds. City Attorney Jennifer McGrath clarified that earlier discussion related to use of Mello
Roos funds versus a special tax is not included in tonight's proposal, and that findings would
have to be established for use of either type of fund. Councilmember Hansen asked, and
Attorney McGrath confirmed that State law provides Charter cities latitude involving use
of Mello Roos funds.
Councilmember Coerper asked why the Planning Commission replaced the term "strive"
with "shall" in relation to LEED Certification language identified in the conditional use permit.
Planning Commissioner Joe Shaw explained the Commission's intent to require LEED
Certification was supported by all members. Commissioner Devon Dwyer stated he
supported the requirement to ensure accountability, and to be in line with Mayor Cook's
vision of a "green friendly" City. He also explained that the program allows voluntary
selection of components such as photovoltaic panels that will ultimately pay for themselves
similar to star efficient appliances and energy savings.
Mayor Cook pointed out that use of photovoltaic material can be done at no cost with a third
party purchase agreement.
Councilmember Hardy explained how the new senior facility will be available for use by all
residents. She asked staff to explain the high square foot cost estimates for building
construction. Community Services Director Jim Engle described what the preliminary
estimates received by LPA Consultants and a LEED Certified Consultant hired by Makar
Properties include, both closely identifying an approximate cost of $300 per square foot for a
new building, with LPA's estimate not site -specific. Councilmember Hardy asked if both
estimates include wildlife mitigation. Director Engle responded, "No." Councilmember Hardy
and Director Engle discussed the process for occupancy following wildlife mitigation.
Councilmember Hardy asked if the plan mitigates hydrology issues identified for the site and
the surrounding area. Planner Villasenor provided slope information and referred to T.J.
Nathan with PBSU who explained how stormwater will flow into Huntington Lake through
a vegetated landscaped area that acts as a buffer to filter oil and other particles, and that a
February 4, 2008 — Council/Agency Minutes — Page 19 of 31
water quality management plan, hydrology and drainage plan will be presented for approval
at a later date_
Councilmember Hardy voiced concerns about soil remediation. Manager Broeren explained
that pursuant to mitigation measures that were identified in the 1999 Master Plan EIR on
that property, a geotechnical study and soil borings were done early in 2007 that included
plans for a 45,000 square foot building, and that the results did not produce any unforeseen
issues. Discussion ensued on the differences between high versus low intensity use, and
how soil borings done in 2007 accounted for high intensity use.
Mayor Pro Tern Bohr stated support for LEED Certification, but voiced concerns about the
high costs identified by staff, questioning if the City could accomplish some of the green
building tasks on their own. He also discussed how 6 of the 7 Council members identified
within their respective goals and objectives the need for a new Senior Center. He
complimented the Council on Aging for their work, and for the efforts of Measure C and
Measure T ballot initiatives.
Mayor Pro Tern Bohr proposed a motion that included replacement language that the City
"strive to achieve green building standards," suggesting they not be restricted to LEED
Certification. Councilmember's Hardy and Green provided suggestions on how to qualify
LEED certification standards.
A motion was made by Bohr, second Green to approve Environmental Impact Report No.
07-002 as adequate and complete in accordance with CEQA requirements by approving
Resolution No. 2008-06, a "Resolution of the City Council of the City of Huntington Beach,
Certifying the Final Environmental Impact Report (SCH #2007041027) for the Huntington
Beach Senior Center Project, " approve Conditional Use Permit No. 07-039 with Findings
and revised Conditions of Approval amended to revise condition of approval 2) to read.
The project shall strive to achieve LEED certification standards with City Council
input as to what Green Building elements/ sustainable features will be included in the
final project design ...; and, Approve CEQA Statement of Findings of Fact with a
Statement of Overriding Considerations. (Vote to follow after Council comments.)
Councilmember Green supported certain building standards identified within the report, but
voiced concerns about being limited by LEED Certification, suggesting that the City not rule
out other utility incentives from companies like Southern California Edison and the Gas
Company. Councilmember Hardy explained that the motion is not limited because it
suggests a minimum standard of certification_
Mayor Cook reiterated how the LEED Certification program works, reminding the Council
that the request before them is conceptual, and that discussion on specifics should be held
at a later date.
Councilmember Hardy stated support for a new Senior Center, but not at the proposed site,
voicing concerns about use of funds to pave park land when other projects need
consideration, like closed school sites, loss of the Skate Park, and undeveloped parks like
Irby and Bartlett in critical need of repair. She was also discouraged that Council would
consider loss of open space but worry about costs to make a building environmentally
friendly. She commented on lack of funds for wildlife mitigation and discussed how other
sites should be considered. She concluded by stating that the project's central location is
not within walking distance to anywhere, and voiced appreciation for involvement by
teachers and students, and all other speakers who provided their opinions.
February 4, 2008 — Council/Agency Minutes — Page 20 of 31
Councilmember Coerper voiced support for the motion and thanked staff for their hard work
on a fine project. He stated his opinion that our seniors deserve the best, and voiced
concerns about the number of citizens complaining who didn't object when the City allowed
other uses in the park like equestrian, Frisbee golf and the sports complex.
Councilmember Carchio provided support for the motion, stating his opinion that no one
objects to building green, but mandatory requirements pose financial problems. He
recommended that a financial cap be put on the estimate for certification standards, and
explained how even though the City doesn't owe the seniors a new center, they should build
one as a of sign of compassion and appreciation of their service to the community.
Councilmember Hansen questioned how certification standards affect the motion.
Administrator Emery explained that the Makar Owner Participation Agreement (OPA)
requires that the item return to Council for final approval on building design. The Council will
have an opportunity at that time to review and include or remove criteria based on what is
appropriate at that time.
Councilmember Hansen was disturbed by the public's opinion that staff and members of
various commissions did not spend time to study the proposal, describing the number of
hours reviewing information provided by experts to arrive at a qualified proposal. He also
stated he had yet to hear effective critical dissection of why the project location is
inappropriate, that the community as a whole will benefit from this project, and that it
receives his support.
Councilmember Green voiced support for the project, reminding the public that the project
will only use 5 of the 356 acres located in Central Park, and how soil from the depressed
acre was used to construct the 405 freeway. She complimented the Council on Aging
for great work in a lengthy process and discussed how efforts to remodel Rodgers' Senior
Center didn't make sense. She voiced support for green standards, suggesting the City
consider a generic versus brand form of green building, and that an energy manager will
manage the standards in the future.
Mayor Cook expressed appreciation for all passionate comments made by dedicated
citizens and community volunteers. She shared her surprise for the time spent discussing
LEED Certification and how it may have been short-sighted. She voiced concerns about the
state of the economy and a softening of sales tax revenue, that the project does not mitigate
the impacts of the Pacific City project, for use of CFD funds, and a developer building the
project without knowing its full cost, stating that she would prefer the City handle building of
the project. She also discussed how California schools are being built to a Silver level
of LEED Certification, described acute needs for recreation within the City, and how she is
opposed to spending a large amount of money on one project, making it impossible to fund
existing projects in need, citing examples of Bartlett and Irby parks, and a replacement skate
park.
The motion carried by the following roll call vote:
AYES: Hansen, Bohr, Coerper, Green, and Carchio
NOES: Hardy, and Cook
February 4, 2008 — Council/Agency Minutes — Page 21 of 31
FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.07-039
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 07-039:
Conditional Use Permit No. 07-039 to permit the construction and operation of a 45,000
square foot senior recreation facility will not be detrimental to the general welfare of
persons working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood. An EIR that analyzed the project's potential to
generate detrimental impacts on people and surrounding properties was prepared and
concluded that, with mitigation, there are no significant project specific impacts. In
addition, being that the project is located in Central Park, the closest adjacent
residences are located approximately 800 feet west of the project site. One significant
cumulative impact to aesthetics was identified in the EIR and as such, a Statement of
Overriding Considerations, which discusses the benefits of the project in relation to the
cumulative impact, is required for approval of the project.
2. Conditional Use Permit No. 07-039 will be compatible with surrounding uses because it
is consistent with the applicable General Plan Land Use and Zoning designations as
noted in previous sections of this report. Although the proposed project will result in the
development of a new senior center on existing open space, the project will be
compatible with the established recreational land use pattern in the area, specifically
existing community facilities such as the Central Library and Sports Complex adjacent to
the proposed project site. Within this context, the proposed project is compatible with
the surrounding parkland. In addition, the proposed project would add a senior
recreation facility on land currently designated for recreational uses but at a greater
intensity than what was previously intended for the site.
The proposed building features a design with architectural features that minimize the
visual bulk and mass of the buildings and provides for compatibility with the surrounding
parkland. The project complies with all of the requirements for development in the OS -
PR zoning district and provides an adequate number of parking spaces. To integrate the
project with the natural setting of the Shipley Nature Center and existing passive
parkland west of the project site, substantial landscaping is proposed throughout the
site, including surrounding the entire perimeter of the project site.
3. Conditional Use Permit No. 07-039 will comply with the provisions of the base district
and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and
Subdivision Ordinance, including the Open Space — Parks & Recreation zone permitted
uses and minimum setbacks. Parking requirements are determined by the conditional
use permit and are specific to the requested use. A sufficient number of parking spaces
are provided for the project based on surveys of similar projects.
4. The granting of Conditional Use Permit No. 07-039 will not adversely affect the General
Plan. It is consistent with the Land Use Element designation of OS-P (Open Space -
Parks) on the subject property. In addition, it is consistent with the following goals and
policies of the General Plan:
February 4, 2008 — Council/Agency Minutes — Page 22 of 31
Air Quality Element
Policy AQ 1.8.3: Encourage developers to maintain the natural topography, to the maximum
extent possible, and limit the amount of land clearing, blasting, grading, and ground
excavation operations needed for development.
The proposed project anticipates a balanced site with minor cut and fill operations during
construction.
Policy AQ 1.10.1: Continue to require the utilization and installation of energy conservation
features in all new construction.
As with all new buildings, the proposed project will be required to comply with the energy
conservation standards of Title 24, which would ensure that there would be no wasteful or
unnecessary use of energy.
Circulation Element
Policy CE 6.1.7: Require new development to provide accessible facilities to the elderly and
disabled.
The proposed senior center project will be required to comply with the requirements of the
ADA. The proposed project will also provide ADA access to the site via a pedestrian path
north of the access driveway.
Policy CE 7.1.7: Continue to construct landscaped medians in existing major and primary
arterial streets and continue to require the construction of landscaped medians in new
developments.
The proposed project includes construction of a signalized access driveway at the
intersection of Goldenwest Street and Talbert Avenue. The new access driveway includes a
proposed landscaped median.
Environmental Hazards Element
Policy EH 4.1.1: During major redevelopment or initial construction, require specific
measures to be taken by developers, builders, or property owners in flood prone areas, to
prevent or reduce damage from flood hazards and the risks upon human safety.
Although the site is partially located in Flood Zone A, the project site is already a minimum
of 4 feet higher than the base flood elevation at its lowest point. A flood elevation certificate
will be required for the proposed project.
Growth Management Element
Goal GM 2: Ensure that adequate transportation and public facilities and public services are
provided for existing and future residents of the City.
The proposed project does not result in any significant traffic impacts and adequate public
facilities and public services will be provided.
February 4, 2008 — Council/Agency Minutes — Page 23 of 31
Hazardous Materials Element
Policy HM 1.2.3: Support land use or developments adjacent to or within close proximity of
sensitive uses, which do not utilize, store, handle, or contain hazardous materials and/or
waste, and which would create an unsafe, unhealthy, or hazardous condition for adjacent
uses.
Construction and operation of the proposed senior center will not include the use of large
quantities of hazardous materials, and any commonly used hazardous materials would be
used and stored in accordance with applicable regulations. Implementation of the proposed
project would not utilize hazardous materials or waste and would not create an unsafe or
hazardous condition for adjacent uses.
Land Use Element
Policy LU 4.2.1: Require that all structures be constructed in accordance with the
requirements of the City's building and other pertinent codes and regulations; including new,
adaptively re -used, and renovated buildings.
Policy LU 4.2.4: Require that all development be designed to provide adequate space for
access, parking, supporting functions, open space and other pertinent elements.
Policy LU 4.2.5: Require that all commercial, industrial and public development incorporate
appropriate design elements to facilitate access and use as required by State and Federal
Laws such as the Americans with Disabilities Act (ADA).
The proposed project will be constructed in accordance with existing laws and regulations,
including the City's building code and any applicable State and federal law requirements
such as ADA. In addition, the project is proposed to be in conformance with the Huntington
Beach Zoning and Subdivision Ordinance and is not seeking any variances to deviate from
the code requirements. Adequate access to and from the project site will be provided
through the entrance at the Goldenwest Street/Talbert Avenue intersection. Sufficient
parking will be provided on site for the senior center use.
Recreation and Community Services Element
Policy RCS 1.1.1: Provide leisure opportunities through programs and activities that serve
the general population as well as the specialized needs of the disabled, children and elderly.
Policy RCS 3.1.2: Provide a variety of amenities within recreation areas in order to
accommodate persons with different interests.
Policy RCS 3.1.7: Design recreational facilities to the accessibility requirements as specified
in State and Federal laws such as the Americana with Disabilities Act (ADA) standards for
accessibility.
The proposed project is a senior recreation facility proposed to be developed in accordance
with ADA standards. The senior center and associated amenities will provide the City with
expanded recreational resources for senior citizens to meet existing and future demand.
The senior center will be accessible to all residents of the City of Huntington Beach.
February 4, 2008 — Council/Agency Minutes — Page 24 of 31
Utilities Element
Policy U 3.3.2: Where feasible, utilize natural overland flows, open channels, and swale
routings as preferred alignments for components of drainage systems.
Policy U 3.3.3: Require that new developments employ the most efficient drainage
technology to control drainage and minimize damage to environmental sensitive areas.
The proposed project includes bioswales and vegetated buffer areas to treat runoff from the
proposed project's impervious areas. Implementation of BMPs and the project's directing of
stormwater flows through the park and Huntington Lake will ensure that project
implementation would not adversely impact sensitive environments
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT 07-039:
1. The project plans received and dated October 17, 2007 shall be the conceptually
approved design with the following modifications.
a. The gate located at the terminus of the access driveway shall be relocated to the
south edge of the reconfigured "T" intersection.
b. The number of ADA parking spaces shall be increased to 20. Once the facility is
operational, the number of ADA spaces may be revised as determined necessary by
the Community Services Department.
2. The project shall strive to achieve LEED certification standards and will be reviewed by
the City Council as a non-public hearing item for input on what green building elements/
sustainable features will be included in the final project design. A variety of sustainable
features shall be used and may include (but are not limited to) those recommended by
the U.S. Green Building Council's Leadership in Energy and Environmental Design
(LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategorylD=19)
or Build It Green's Green Building Guidelines and Rating Systems
(http://www.builditgreen.org/index.cfm?fuseaction=guidelines).
3. Prior to submittal for plan check, project design, including landscape plans (completed
pursuant to conditions 5 and 6), shall be reviewed by the City of Huntington Beach
Design Review Board and approved by the Planning Commission as a non-public
hearing item.
4. At least 14 days prior to any grading activity, the applicant/developer shall provide notice
in writing to property owners of record and tenants of properties within a 500-foot radius
of the project site as noticed for the public hearing. The notice shall include a general
description of planned grading activities and an estimated timeline for commencement
and completion of work and a contact person name with phone number. Prior to
issuance of the grading permit, a copy of the notice and list of recipients shall be
submitted to the Planning Department.
5. The final landscape plans shall incorporate a variety of tree, shrub and grass species
that are currently planted at adjacent uses, including the Sports Complex, Shipley
Nature Center and the passive park west of the project site.
February 4, 2008 — Council/Agency Minutes — Page 25 of 31
6. In the event that an overflow parking area is provided in place of the meadow area
depicted on the preliminary landscape plan, meadow grasses shall be planted elsewhere
on the project site. The species of meadow grasses should take into consideration the
species currently planted at Shipley Nature Center.
7. A public art element, approved by the Design Review Board, Director of Planning, and
Director of Huntington Beach Art Center, shall be depicted on the plans. Public Art shall
be innovative, original, and of artistic excellence; appropriate to the design of the project;
and reflective of the community's cultural identity (ecology, history, or society).
8. The project shall comply with all mitigation measures adopted in conjunction with
Environmental Impact Report No. 07-002.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers,
and employees from any claim, action or proceedings, liability cost, including attorney's fees
and costs against the City or its agents, officers or employees, to attack, set aside, void or
annul any approval of the City, including but not limited to any approval granted by the City
Council, Planning Commission, or Design Review Board concerning this project. The City
shall promptly notify the applicant of any claim, action or proceeding and should cooperate
fully in the defense thereof.
Consent Calendar - Items Approved
A motion was made by Hansen, second Bohr to approve all items on the Consent Calendar
by affirmative roll call vote (Cook Abstained on Minutes of January 22, 2008). 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 regular meeting of January 22, 2008 as
written and on file in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Received and Filed the 2006/07 Consolidated Annual Performance and
Evaluation Report (CAPER) Submitted to the Department of Housing and Urban
Development (HUD) Reporting the Progress Made in the Community Development
Block Grant (CDBG), HOME Investment Partnership (HOME) and American Dream
Downpayment Initiative (ADDI) Programs Between October 1, 2006 to September 30,
2007 - Approved to receive and file the 2006/07 Consolidated Annual Performance and
Evaluation Report. Submitted by the Director of Economic Development. Funding Source:
Not applicable
February 4, 2008 — Council/Agency Minutes — Page 26 of 31
(City Council) Approved and Authorized the Mayor and City Clerk to Execute
Amendment No. 9 to the Agreement Between the City of Huntington Beach and AAA
Restoration, Inc. for the Emerald Cove Senior Apartments Capital Repair Project 2007,
Extending the Contract Expiration Date to February 28, 2008 - 1) Approved Amendment
No. 1 to Agreement Between the City of Huntington Beach and AAA Restoration, Inc; and,
2) Authorized the Mayor and City Clerk to execute Amendment No. 1 to Agreement
Between the City of Huntington Beach and AAA Restoration, Inc. Submitted by the Director
of Economic Development. Funding Source: The requested contract amendment will not
require additional funding.
(Redevelopment Agency) Approved and Authorized the Chairman and Agency Clerk
to Execute Professional Services Contracts With IDS Group, Inc. in an Amount Not to
Exceed $225,000 Over a Three -Year Period and Transtech Engineers, Inc. in an
Amount Not to Exceed $225,000 Over a Three -Year Period for "As -Needed"
Engineering Services; and, Appropriated $75,000 from Redevelopment Agency's
Merged Project Area's Capital Projects Fund to Cover the Additional Costs During
Fiscal Year 2007/2008 - 1) Approved the Professional Services Contract Between the
Redevelopment Agency of the City of Huntington Beach and IDS Group, Inc. for As Needed
Engineering Services in the amount or $225,000 over a three year period, and authorized
the Chairman and Agency Clerk to execute the agreement; and, 2) Approved the
Professional Services Contract Between the Redevelopment Agency of the City of
Huntington Beach and Transtech Engineers, Inc. for As Needed Engineering Services in the
amount or $225,000 over a three year period, and authorized the Chairman and Agency
Clerk to execute the agreement; and, 3) Appropriated $75,000 from the Redevelopment
Agency's Merged Project Area's Capital Projects Fund balance into account 30580101.
69325 to cover the additional costs during fiscal year 2007-2008. Submitted by the Deputy
Executive Director. Funding Source: $75,000 is budgeted in account 30580101.69325 for
fiscal year 2007-08. An additional $75,000 is being requested to fund both contracts.
(City Council) Approved and Authorized the Mayor and City Clerk to Execute the
Proposition 42 City Aid Program (CAP) Agreement Necessary to Receive Grant
Funding for Street Maintenance to Supplement the City's Residential Street Overlay
Program - Approved and authorized the Mayor and City Clerk to execute the Proposition
42 City Aid Program Agreement. Submitted by the Director of Public Works. Funding
Source: In fiscal year 2008/2009, funding in the amount of $678,695 will be granted to the
City. No local match is required_ The program is intended to be annual.
(City Council) Approved Location and Conceptual Plans to Modify the Existing Pier
Plaza Automated -Teller Machine (ATM) Kiosk into a Visitors Information Kiosk to be
Managed, Maintained and Staffed by the Conference and Visitors Bureau (CVB)
Communication from the Director of Community Services transmitting the following
Statement of Issue: The City Council has approved a Capital Improvement Project for a
visitor's kiosk in Pier Plaza. There is a need to approve the location and conceptual plans to
modify the existing Pier Plaza kiosk for use by the Huntington Beach Conference and
Visitors Bureau (CVB) as a visitor -serving information kiosk.
Funding Source: Redevelopment funds of $101,000 are budgeted in the Fiscal Year
2007/2008 Capital Improvements Program budget, Fund 305. This was included in the list
of Redevelopment Agency -funded projects approved by the City Council using one-time
Redevelopment revenue from the Hyatt residential project.
February 4, 2008 — Council/Agency Minutes — Page 27 of 31
A motion was made by Coerper, second Green to approve the conceptual plan to modify the
existing Pier Plaza ATM kiosk into a visitors kiosk, which will be managed, maintained, and
staffed by the Conference and Visitors Bureau. The motion carried by the following roll call
vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green and Carchio
NOES: None
(City Council) Approved and Authorized the Mayor and City Clerk To Execute the
Termination of the 1994 License Agreement Between the City of Huntington Beach
and the Huntington Beach Union District for the Huntington Beach High School
(HBHS) Skateboard Area
Communication from City Council liaisons, Mayor Pro Tem Keith Bohr and Councilmember
Don Hansen, and the Director of Community Services transmitting the following Statement
of Issue: The Huntington Beach Union High School District is asking the City of Huntington
Beach to approve the Termination of License Agreement for the Huntington Beach High
School skateboard area.
Funding Source: Not applicable.
Councilmember Hardy discussed her experience with the Skate Park as former teacher at
Huntington Beach High School, and her support to build a replacement park at another
location.
Councilmember Hansen discussed how the Skate Park was cutting -edge when first built,
and described his involvement with Mayor Pro Tern Bohr in discussions with representatives
from the High School and his support of a commitment by the City to build a replacement
park in another location.
Mayor Pro Tern Bohr discussed the School Board's opinion on possible relocation sites,
initial estimates to design a new stadium, negotiations, demolition costs, and the need to
raise funds. He also encouraged the public to attend the next School Board meeting that
would be held on February 12 at 7:30 p.m. at 5032 Bolsa Avenue.
Councilmember Green voiced disappointment for the School District's handling of the Skate
Park agreement. She described skateboarding as an art in Huntington Beach and her hope
that the School District steps up to a more proactive role.
Councilmember Coerper explained that the Skate Park was built to deter graffiti activity on
campus, and questioned if the community would balk at utilizing other open space to build a
new park. Councilmember Hansen stated that the community in general supports the Park,
and suggested that the City consider creative partnerships to find a solution for the Skate
Park's replacement. He also explained that municipalities generally fear skateboard parks,
but wasn't sure how the community would react to the park being rebuilt in certain areas.
Director Engle identified Worthy Park as an alternative site.
Councilmember Hardy discussed the importance of considering an appropriate location that
benefits skate park patrons and the surrounding uses. Mayor Pro Tern Bohr expressed
appreciation for the School District's offer to financially participate in relocation of the Skate
Park, and suggested that the motion include language to explain the City's commitment to
explore alternate locations and future consideration for a new park.
February 4, 2008 — Council/Agency Minutes — Page 28 of 31
A motion was made by Coerper, second Hardy to approve the Termination of License
Agreement between the City of Huntington Beach and the Huntington Beach Union High
School District to terminate the 1994 License Agreement for the skateboard area at
Huntington Beach High School. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green and Carchio
NOES: None
(City Council) Approved Introduction of Ordinance No. 3797 Amending Ordinance
No. 3661 Which Established the Huntington Beach Downtown Business Improvement
District (BID); Adopted Resolution No. 2008-04 Designating the Downtown Business
Improvement District as the Downtown BID Advisory Board
Communication submitted by the Director of Economic Development transmitting the
following Statement of Issue: On September 7, 2004, City Council approved Ordinance
3661 establishing the Huntington Beach Downtown Business Improvement District (BID.)
As required by state law, City Council appointed a "BID" Advisory Group" to provide
recommendations to City Council regarding BID annual assessments. In order to better
assess the needs of the Downtown BID, it is necessary to amend Ordinance 3661 to provide
City Council the ability to appoint a BID Advisory Board by resolution.
Funding Source: Not applicable
Councilmember Carchio questioned if Council appoints members of the Downtown BID
Advisory Board, will the BID be able to conduct their own elections. He also asked if the
Board will include representatives from the Strand and Pacific City projects, once they are
complete. Assistant Project Manager Nova Punongbayan confirmed on both accounts.
A motion was made by Hardy, second Coerper to after the City Clerk reads by title, Approve
Introduction of Ordinance No. 3797, "An Ordinance of the City of Huntington Beach
Amending Ordinance No. 3661 Which Established the Huntington Beach Downtown
Business Improvement District", and, Adopt Resolution No. 2008-04, "A Resolution of the
City Council of the City of Huntington Beach Designating the Downtown Business
Improvement District as the Downtown BID Advisory Board." The motion carried by the
following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green and Carchio
NOES: None
(City Council) Failed to Approve for Introduction Ordinance No. 3798 Amending
Chapter 7.08 of the Huntington Beach Municipal Code (HBMC) Relating to Licensing
Provisions for Dogs and Cats; Adopt Resolution No. 2008-05 Setting a License Fee for
Dogs and Cats and Establishing an Incentive -Based Fee Program that Encourages
Dog and Cat Owners to Spay, Neuter, and Microchip Their Animals
Communication submitted by the Chief of Police transmitting the following Statement of
Issue: On November 5, 2007, the City Council considered the adoption of an ordinance that
established a mandatory spay, neuter, and microchip program for dogs and cats in
Huntington Beach. After discussion, the City Council directed staff to draft an incentive -
based licensing ordinance that would encourage dog and at owners to spay, neuter, and
microchip their animals by increasing license fees for unaltered and unmicrochipped
February 4, 2008 — Council/Agency Minutes — Page 29 of 31
animals. The attached ordinance amends Chapter 7.08 of the City of Huntington Beach
Municipal Code to reflect the changes that were discussed at the City Council meeting.
Funding Source: Not applicable
Mayor Cook discussed how the ordinance doesn't appropriately reflect Council's intentions,
questioning staff on who has authority to remove an item from the agenda. City Attorney
Jennifer McGrath responded that department heads can remove items from the City Council
agenda with City Administrator approval.
Mayor Pro Tern Bohr attempted to build ordinance language that would better reflect the
Council's intent, restating the issues that were agreed upon at previous meetings. He
provided statistics on the number of stray animals picked up and euthanized by animal
control, and discussed the high number of "animal for sale" advertisements in local
publications.
Police Chief Ken Small presented a PowerPoint that included a brief history on the item and
proposed incentive -based licensing fees.
Councilmember Coerper asked for the number of dogs impounded and euthanized in
Huntington Beach in 2007. Chief Small responded that 825 dogs were impounded, and 165
euthanized. Chief Small also explained that the City contracts with County Animal Control
for these services.
Discussion ensued between Councilmember Coerper and Mayor Prom Tern Bohr about
revising the age of senior owners eligible for a license fee discount from 65 to 62, and recent
action taken by the City of Los Angeles to adopt a mandatory spay/neuter program.
Councilmember Carchio voiced concerns for the high annual fees proposed, and questioned
if the City was prepared for people turning over their pets when they can't afford to take part
in the program. Mayor Cook concurred that the proposed fees are too high.
Councilmember Hardy asked if the County identified the "senior owners" age of 65. Chief
Small stated most cities have latitude in identifying an age for incentive purposes.
Discussion ensued about the City's compliance rate for licensing and microchip fees.
Chief Small identified $95.00 as the current license fee for an unaltered dog.
Mayor Cook described her goal of a reduced license fee if an animal is spayed or neutered.
Councilmember Hansen stated he will not support an ordinance that he feels has been
spayed and neutered so far down that it is not wanted. He voiced concerns about rumored
skepticism by Save Our Strays representatives, absence of supporters at tonight's meeting,
and how the community and constituents have voiced strong opposition to the item. Mayor
Pro Tern Bohr explained that proponents of the ordinance were alerted that their presence
was not needed at tonight's meeting, and his opinion that the Council can make a decision
on the item tonight. Attorney McGrath explained that the Resolution can return at the time
of second reading of the ordinance.
Councilmember Coerper and Chief Small discussed the door-to-door enforcement practices
of animal licensing by Orange County Animal Control representatives. Councilmember
Coerper called for the motion as recommended, but asked if Mayor Pro Tem Bohr felt the
ordinance as written would help prevent animals from being euthanized. Mayor Pro Tern
February 4, 2008 — Council/Agency Minutes — Page 30 of 31
Bohr described the ordinance as an incremental step in educating the public and described
how animals adopted from shelters are already spayed or neutered and microchipped.
Mayor Pro Tern Bohr also concurred with concerns related to fees, but suggested that the
benefits of the program as proposed will outweigh the expense, and that the City could use
funds for education purposes.
A motion was made by Coerper, second Bohr, to after City Clerk reads by title, Approve
Introduction of Ordinance No. 3798, "An Ordinance of the City of Huntington Beach
Amending Chapter 7.08 of the Huntington Beach Municipal Code Relating to Licensing
Provisions for Dogs and Cats" by roll call vote; and, Adopt Resolution No. 2008-05, "A
Resolution of the City Council of the City of Huntington Beach Setting a License Fee for
Dogs and Cats. "
Councilmember Green concurred with Councilmember Hansen, referencing comments
made by Karen Chepeka of Save Our Strays about the ordinance being unrealistic. She
voiced concerns about licensing cats and how the high proposed fees do make the action
mandatory. She also commented on animal owners' concerns about microchipping
and bringing their pets to a low -fee facility for spay and neuter services.
Councilmember Carchio stated support for an affordable licensing with severe fines for non-
compliance, stating his opinion that pet owners who license their animals are responsible,
and typically spay, neuter and microchip their pets as well. He stated opposition to the
ordinance as proposed. Attorney McGrath explained that the City can currently impose a
$100 fine per day for non-compliance of license regulations, and that County Animal Control
enforces the regulation but does not currently have the authority to issue a civil citation.
Mayor Cook listed the license fees she would support, and suggested that the ordinance
provide language that directs inclusion of breeder permit information on pet advertisements.
Councilmember Hansen stated that Council's intentions have changed so dramatically, the
ordinance no longer makes sense and penalizes responsible pet owners.
A substitute motion was made by Cook, second Hardy to direct the City Attorney to return
to Council with an ordinance that revises the current language in Chapter 7.08 of the
Huntington Beach Municipal Code to include: "any person advertising to the public
the availability of any dog or cat for adoption, sale, barter, or other transfer must
prominently display the business license number in the advertisement. The license
number shall also be provided to any person adopting or purchasing any dog or cat
that is bred in the City of Huntington Beach" and to update rates consistent with
current Orange County Animal Control fees. The motion carried by the following roll call
vote:
AYES: Hansen, Hardy, Cook, Coerper, Green and Carchio
NOES: None
ABSTAIN: Bohr
Council Comments - (Not Agendized)
Councilmember Carchio requested the public's participation in a silent auction sponsored
by the Southeast Huntington Beach Girls Softball League on February 23rd at Kettler School
to benefit Natalie Bucholtz, Edison High School student who recently sustained serious
injuries in a skiing accident.
February 4, 2008 — Council/Agency Minutes — Page 31 of 31
Councilmember Coerper recognized Mayor Cook and Deputy City Administrator Bob Hall for
attending the Pacific Shoreline Marathon, the event's successful draw of approximately
16,000 people, and how he and Councilmember Carchio presented medallions to children
who participated in the marathon.
Mayor Cook thanked Ms. Dubrowalski and her third grade class from St. Bonaventure
School for the beautiful hand drawn cards.
Council/Agency Adjournment at 12:12 a.m. on Tuesday, February 5 to Tuesday,
February 19, 2008, at 4:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington
Beach, California_
ATTEST:
k
ity Clerk -Clerk
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
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Mayor -Chair