HomeMy WebLinkAbout2008-08-04Minutes
CouncillRDA Meeting
City Council/Redevelopment Agency
City of Huntington Beach
Monday, August 4, 2008
4:00 PM - Room B-8
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audio recording of the 4:00 PM portion of this meeting
and a video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk and is archived at
www.surfcity-hb.org/government/agendas/
Call to Order
Mayor Cook called the regular meeting of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 4:04 PM, in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
Absent: None
(Mayor Pro Tern Bohr arrived at 4:49 PM.)
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced the following
communication received by the City Clerk's Office pertaining to the Study Session portion of the
meeting:
PowerPoint communication submitted by Paul Emery, Interim City Administrator and Dan T.
Villella, CPA/Finance Director, undated, titled City of Huntington Beach Proposed Budget Fiscal
Year 2008109.
The Following Communication Was Distributed During the Meeting
PowerPoint communication submitted by Dan T. Villella, CPA/Finance Director, undated and
untitled, supplemental slides presented during the study session.
Public Comments — None
(City Council/Redevelopment Agency) - Study Session Held - Interim City Administrator
and Finance Director Presented an Overview of the Interim City Administrator's
Recommended Proposed Fiscal Year 2008109 Budget.
August 4, 2008 — Council/Agency Minutes — Page 2 of 18
Paul Emery, Interim City Administrator, acknowledged the cooperative efforts by the Executive
Team and City staff during this year's budgetary process. He described certain parameters
taken into account this year, including the decline in property and sales tax revenue. In
conclusion, he noted that the budget reflects maintenance of all staffing levels, and mentioned
that the proposed budget accounts for rising fuel costs and proper accounting for special funds.
He called on Dan Villella, CPA/Finance Director, who echoed Interim Administrator Emery's
comments and thanked the Executive Team and City staff, in particular his budget team,
Jennifer Lampman, Mike Solarza and Josh Brooks, for their contribution to this year's budget
preparation. He then gave a brief overview of the City's proposed budget and asked Jennifer
Lampman, Senior Administrative Analyst, to present the PowerPoint report titled City of
Huntington Beach Proposed Budget Fiscal Year 2008109. The report included budget
considerations, FY 2008/09 budget summary, total appropriations, enterprise funds and other
funds depicted in millions, general fund: appropriations, revenue, operating budget vs. operating
expenditures, revenue adopted budget vs. actuals, key fund balance reserve (designations),
and extraordinary items.
Councilmember Coerper inquired about oil well revenue projections. Analyst Lampman
discussed the oil wells located on the City Hall campus from which the City receives revenue,
noting this year's revenue increase due to the increased price of oil.
Director Villella indicated that the current year's sales tax projections would not meet the
budgeted amount. Councilmember Coerper asked if the City anticipates an increase in sales
tax next year, and Analyst Lampman confirmed. Director Villella informed Council that a new
chart would be developed to better illustrate projections and actuals.
Mayor Cook referred to the general fund appropriation by department illustration and asked if
staff would separate the City Council's budget from the other elected officials' departments.
Director Villella stated that he would prepare a separate breakdown for Council's budget for
their review at the public hearing of September 2.
Councilmember Green questioned the proposed transfer of the Fire Med services fund balance
into the City's general fund, eliminating its separate designation. Interim Administrator Emery
discussed the Fire Med services revenue to be no different than other general fund revenues,
such as recreation or park fees, which are not earmarked for Community Services. Director
Villella informed Council that it is their discretion to budget these revenues and expenditures
however they choose; but cautioned them that once different groups of money are earmarked, it
becomes more difficult to look at broad City issues.
Councilmember Coerper asked Eric Engberg, City of Huntington Beach Fire Division Chief, if
Duane Olson, Fire Chief, supports the Fire Med fund balance transferred to the general fund.
Chief Engberg confirmed Chief Olson's support and conveyed their discussions of how it might
be best positioned, including the possibility of a three -tiered accounting system. Interim
Administrator Emery asked Kevin Justen, Fire Department's Senior Analyst, what the current
surplus fund balance is for the Fire Med Program. Analyst Justen confirmed over $2 million.
Councilmember Hansen questioned how difficult it would be to prepare a separate accounting of
the Fire Med fund. Staff discussed a report of details finalized on Friday, August 1, that will be
available for Council's review shortly.
August 4, 2008 - Council/Agency Minutes - Page 3 of 18
Councilmember Green discussed prior accounting audits and restated her preference to keep
the Fire Med services fund in its own category.
Councilmember Hardy referred to Page 359 of the Budget document and directed Council's
attention to the Fire Med services program shown as its own budget line item, and asked
Councilmember Green if that level of identity shown would suffice.
Councilmember Hansen commented that the Fire Med program shown separately within the
general fund might enhance the City's ability to obtain grant funds.
Mayor Cook qualified the differences in opinion as a policy decision to be determined at a later
date.
Travis Hopkins, Director of Public Works addressed the Capital Improvement Project (CIP)
portion of the PowerPoint report.
Mayor Cook asked what percentage of capital projects come from enterprise funds. Director
Villella indicated that his staff would develop an enhanced illustration for Council's review.
Councilmember Hardy asked staff to identify the change illustrated in the CIP at Indianapolis
Avenue and Brookhurst Street. Bob Stachelski, Transportation Manager, indicated that the
project would improve the traffic signal equipment and allow staff to restore the second
eastbound turn lane from Indianapolis Avenue.
Councilmember Hansen requested that an actual listing of residential streets be included in the
information provided on the chart of Residential Streets CIP. Director Villella noted that staff
would provide a more detailed illustration at the public hearing scheduled for September 2.
Mayor Pro Tern Bohr referred to the City -owned Ocean View Estates Mobile Home Park, and
questioned cost allocations for fencing and the projected life of the Park. Kellee Fritzal, Deputy
Director of Economic Development indicated that not all fencing will be replaced at this time,
only the fences between the units that are falling down and confirmed that all leases terminate
in 2017.
Councilmember Hardy inquired if staff could later provide a bar graph of the last ten years of
sales tax revenue projections versus actuals, and staff confirmed.
Mayor Cook questioned real estate foreclosures and the potential affect on the City's revenue
projections. Director Villella stated that all such issues were taken into consideration when
developing revenue projections during this volatile year. He then presented supplemental
slides that illustrated scenarios that would partially offset negative results of foreclosures.
Mayor Pro Tern Bohr asked if windfalls are shown in the overall property tax projections.
Director Villella confirmed and discussed Proposition 13 increases.
Councilmember Coerper thanked Director Villella and staff for tonight's presentation. He
questioned the number of cities that have the Fire Med Program fund separated. Director
Villella explained that staff surveyed 12 cities which revealed the majority accounting in general
funds, the minority accounting in special revenue funds, and none in enterprise funds.
August 4, 2008 - Council/Agency Minutes - Page 4 of 18
Recessed to Closed Session — 5:13 PM
A motion was made by Coerper, second Bohr to recess to closed session on the following
items. The motion carried by consensus of all present, none absent.
(City Council) — Pursuant to Government Code Section 54956.8, the City Council recessed to
Closed Session to give instructions concerning price and terms of payment to the City's
Negotiator, Deputy City Administrator Bob Hall, regarding negotiations with the Huntington
Beach City School District for the purchase or exchange of up to 10.12 acres of real property
located at 20451 Craimer Lane in Huntington Beach and the purchase, sale or exchange of
APN 114-150-94 in the City of Huntington Beach.
(City Council) — Pursuant to Government Code Section 54957.6, the City Council recessed 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, Director of Finance; and Duane Olson, Fire Chief regarding Labor Negotiations with
FMA.
(City Council) — Pursuant to Government Code Section 54957, the City Council recessed to
Closed Session to discuss the following personnel matter: Recruitment of City Administrator.
(City Council) — Pursuant to Government Code Section 54956.9, the City Council recessed to
Closed Session to confer with the City Attorney regarding the following lawsuit: David Boucher
v. City of Huntington Beach; WCAB Case Nos. AHM 0129862 and AHM 0129863; Claim Nos.
COHB 00-0065 and COHB 99-0033.
Reconvened City Council/Redevelopment Agency Meeting — 6:07 PM
There Were No Actions Reported by the City Attorney Taken During Closed Session
Which Required A Reporting Pursuant to Government Code §54957.1(a) (3) (B).
City Council/Redevelopment Agency Roll Call
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
Absent: None
Pledge of Allegiance/Flag Salute — Led by Mayor Pro Tern Bohr
Invocation — Provided by Councilmember Coerper
City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced the following
communications received by the City Clerk's Office folrowing distribution of the Agenda packef
Communication submitted by Mrs. Kay Bennett, dated August 4, 2008, titled In God We Trust.
Communication submitted by Jim Engle, Director of Community Services, dated August 4, 2008,
titled Late Communication - Item E-14.
August 4, 2008 — Council/Agency Minutes — Page 5 of 18
Communication submitted by Patricia Enyeart, dated August 4, 2008, in opposition of additional
cameras on or near the pier.
Communication submitted by Jackie M., dated August 1, 2008, titled New City Manager.
The Following Communications Were Distributed During the Meeting
Communication submitted by Kay Goddard, Shipley Nature Center, undated and titled Shipley
Nature Center, a brochure of the Nature Center.
Communication submitted by Robert Mabry, dated July 30, 2008, titled Request for Assistance,
email communication and photograph packet.
Presentation - Huntington Beach Restaurant Association
Mayor Cook was joined by Erika Reardon, Huntington Beach Restaurant Association, who
presented a $4,000 check to the Project Self Sufficiency Foundation and a $35,000 check to
Friends of the Children's Library. Ms. Reardon stated that the checks represented proceeds
of the Taste of Huntington Beach fundraiser held in April. Recipients thanked Ron McLin,
President of Downtown Merchants, for his hard work and devotion to this annual fundraiser.
Presentation - Shipley Nature Center
Mayor Cook called on Kay Goddard, President of the Friends of Shipley Nature Center,
who presented a PowerPoint annual report of the Shipley Nature Center before and after its
restoration. She thanked the Community Services Department for its ongoing support
and informed the public that the Nature Center is open Monday through Saturday, 9:00 AM -
1:00 PM, closed on Sundays. She advised Council that due to the increased number of visitors
to the Center, there is a need to provide funding for an ongoing Center Habitat Manager position
and provide for more adequate restroom facilities. Mayor Cook thanked Kay for her hard
work and devotion to the Center and its restoration project.
Councilmember Coerper requested the number of restroom facilities currently at the Nature
Center. President Goddard described two small restrooms in the original building that are
not Americans with Disabilities Act (ADA) accessible, and have maintenance issues and one
ADA accessible porta potty located outside of the Center.
Councilmember Carchio asked Jim Engle, Director of Community Services, for projected
costs of a new restroom facility. Director Engle discussed the units previously presented to
Council to be used at the Biufftop Park by the beach, which were projected at approximately
$80,000 - $90,000.
Public Comments
(The numbers following speakers' comments reflect the approximate point in time in the
archived video the speakers appear at http://www.surfcity-hb.org/government/agendas)
Kelly Anderson, resident of Huntington Beach, discussed her perception of City Manager Fred
Wilson's poor management of animal shelters in the City of San Bernardino. She also read an
excerpt from an article published in the Press Enterprise on May 11, 2008, pertaining to an
alleged awareness of Mr. Wilson's involvement in a child molestation case. (20:40)
August 4, 2008 — Council/Agency Minutes — Page 6 of 18
Robert Hite, resident on Warner Avenue in Huntington Beach, addressed a recent article in the
Orange County Register about the City's roadwork project on Warner Avenue between
Algonquin Street and Pacific Coast Highway as "Back on Track." He voiced concerns related
to old sewer pipe connecting to new sewer pipe, weeds, the aesthetic condition of the south
side of Warner along the wetlands, needed police enforcement of speeding motorists and
motorcyclists, improper soil sampling, and the deteriorated condition of the bridge on Warner
Avenue just before the fire station. He urged Council to help the residents of this area to get
this project resolved. (23:58)
Robert Mabry, resident on Ellsworth Drive in Huntington Beach, discussed the packets of
photographs he distributed to Council illustrating a recent accident that occurred when a
truck crashed through the front of his home, causing physical and monetary damage. He
requested Council's assistance for the City to construct a substantial temporary/permanent
barrier at the corner of his home along Magnolia Avenue at Ellsworth Drive. (27:15)
Stephen J. Stemmer, resident of Huntington Beach, discussed potentially dangerous
situations of persons who fish off of the pier near surfers, body boarders and swimmers in the
ocean. He described fishing lines in the water that have wrapped around his arms; neck and
surfboard. He presented Council with a pictorial solution of ideas for signage to be displayed
that depicts acceptable areas for fishing. On behalf of those who enjoy the water, he urged
Council to meet halfway and develop a policy to eliminate potential risk and liability. (30:25)
Allen Baylis, resident of Huntington Beach, voiced concerns of tonight's proposed ordinance
No. 3810 amending the water management program. He stated his preference to implement a
tiered -water rate system for larger households, and urged Council to look at other ways to
address water conservation. He expressed support for banning persons from hosing down their
driveways, which collects in gutters and ultimately ends up in the ocean. He urged Council to
consider the formation of a community -wide committee to study water conservation issues as
opposed to adopting tonight's ordinance. (32:20)
(City Council) AB 1234 Disclosure
A report was submitted by Mayor Pro Tern Bohr, which is available in the City Clerk's Office.
City Administrator's Report
Mayor Pro Tem Bohr asked Paul Emery, Interim City Administrator, for an updated report on the
road work project at Warner Avenue and Algonquin Street. Interim Administrator Emery called
on Travis Hopkins, Director of Public Works, who discussed the project timeline, informing
Council and the general public that all updated information has been posted on the City's
website. He stated that once the interim work is completed (November), all traffic control
measures affecting Warner Avenue will be removed.
(City Co!mcll) Reviewed and Accepted Shari L. Freidenrich., City Treasurer's Jun,—,.2008
Investment Summary Report Entitled City of Huntington Beach Summary of City
Investment Portfolio, Bond Proceeds, Deferred Compensation, and Retiree Medical Trust
Activity for June 2008
The City Council considered a communication from Shari L. Freidenrich, City Treasurer,
transmitting the Monthly Investment Report and Summary of Investments for June 2008.
August 4, 2008 - Council/Agency Minutes - Page 7 of 18
Councilmember Coerper voiced his appreciation for Treasurer Freidenrich's outstanding job that
she's done over the past years.
A motion was made by Coerper, second Hardy to accept the Monthly investment Report entitled
City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, Deferred
Compensation, and Retiree Medical Trust Activity for June 2008, 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: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council) Public Hearing Held - Adoption of Resolution No. 2008-43 Adjusting the
Affordable Housing In -Lieu Fee for New Residential Projects Consisting of Three to Nine
Units as Authorized by Zoning and Subdivision Ordinance 3687 Section 230.26
Mayor Cook announced that this was the time noticed for a public hearing to consider a
communication from the Director of Planning transmitting the following Statement of Issue:
Transmitted for City Council's consideration is a resolution that provides for the annual
adjustment to the affordable housing in -lieu fee for new residential projects with three to nine
units, pursuant to the Zoning and Subdivision Ordinance. Staff recommends the City Council
approve the resolution because the adjustment is in compliance with city regulations and
reflects a decrease in the fee commensurate with current market conditions.
Interim Administrator Emery called on Scott Hess, Director of Planning, who gave a PowerPoint
report titled Affordable Housing In -Lieu Fee Annual Adjustment, which included the following
information: The request for an annual adjustment, background, existing and proposed
adjusted in -lieu fee schedule, analysis, and recommendation.
Mayor Cook opened the public hearing.
There being no persons present to speak on the matter and there being no protests filed, either
written or oral, the Mayor closed the public hearing.
A motion was made by Coerper, second Bohr to adopt Resolution No. 2008-43, "A Resolution
of the City of Huntington Beach adjusting the Affordable Housing In -Lieu Fee as authorized by
Zoning and Subdivision Ordinance 3687 Section 230.26 (Attachment No. 1)." The motion
carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council) Public Hearing Held - Approved 2008-09 Housing and Urban Development
- (HUDYAction Plan for the Community Development Block Grant (CDBG)/HOME -
Investment Partnership Program (HOME) as Proposed by Staff and the Citizens
Participation Advisory Board (CPAB); Authorized the City Administrator to Sign for
Federal Assistance of $1,364,291 in CDBG and $747,206 in HOME Funds for the 2008/09
Grant Year; Reallocated $5,000 of Unprogrammed CDBG Funds to Project Self -
Sufficiency (PSS); and, Approved a Minor Amendment to the Citizen Participation Plan
August 4, 2008 — Council/Agency Minutes — Page 8 of 18
Mayor Cook announced that this was the time noticed for a public hearing to consider a
communication from the Director of Economic Development transmitting the following
Statement of Issue: The Department of Housing and Urban Development (HUD) requires that
the City conduct a public hearing and approve the City's annual Action Plan in order to receive
the two entitlement grants: Community Development Block Grant (CDBG) and HOME
Investment Partnership Program (HOME). The approved 2008/09 Action Plan must then be
submitted to HUD no later than August 15, 2008. A minor amendment to the Citizen
Participation Plan is also recommended for City Council approval.
NOTICE IS HEREBY GIVEN that the City Council will hold its Public Hearing on the 2008/09
Action Plan and its revised Citizen Participation Plan on Monday, August 4, 2008 at 6:00 PM or
soon thereafter at the Huntington Beach Civic Center, 2000 Main Street, Council Chambers.
The hearing will be held in accordance with the City's Consolidated Plan (CP) as required by the
U.S. Department of Housing and Urban Development (HUD) for receipt of $1,364,291 in
Community Development Block Grant (CDBG) funds, and $747,206 in HOME Investment
Partnership (HOME) funds. The 2008/09 Action Plan proposes the CDBG and HOME budgets
from October 1, 2008 to September 30, 2009. A minor amendment to the Citizen Participation
Plan clarifies policies regarding the reprogramming of CDBG funds.
Stanley Smalewitz, Director of Economic Development, called on Carol Runzel, Senior
Administrative Analyst, who gave a PowerPoint presentation titled Action Plan 2008-09
Community Development Block Grant and HOME Program Public Hearing, which included the
following information: Action items, the Consolidated Plan, the Process, pie chart of
percentages designated for CDBG administration, Section 108 loan payment, the Housing
Rehab loan administration, special code enforcement, public improvements and public services,
recommendations for administration and non-public services projects, recommendations for
public services, HOME Program, Citizen Participation Plan, and next steps for approvals.
Councilmember Coerper clarified with Analyst Runzel the recommended change of any new
proposed project of $100,000 or less the Citizen Participation Advisory Board (CPAB) would be
the hearing body whose recommendation would be forwarded to City Council for approval. With
a recommendation from CPAB, if the proposed project is greater than $100,000 the City Council
will be the hearing body.
Mayor Cook opened the public hearing
Shirley Dettloff, representing the Community Care Health Center of Huntington Beach, urged
Council to support CPAB's recommendation and designated funding for the Community Care
Health Center (CCHC). She highlighted CCHC's health and medical services provided, stating
that CCHC serves over 9,000 patients/30,000 visits annually. She informed Council that there
are 500,000 uninsured persons in Orange County who have nowhere to turn when sick other
than community clinics or hospital emergency rooms. She thanked Council for its previous
support over the years and urged their support this evening. (56:55)
Councilmember Coerper questioned if a county hospital/facility exists in Orange County, and
Mrs. Dettloff indicated that there is not a county -wide public hospital in Orange County. She
indicated that there are several clinics within Orange County that provide the same services,
adding that CCHC is the most diverse facility because it includes a dental clinic not offered at
other clinics. Councilmember Coerper thanked Mrs. Dettloff for her years of dedicated service
to CCHC.
August 4, 2008 - Council/Agency Minutes - Page 9 of 18
Mayor Pro Tern Bohr asked Mrs. Dettloff where she goes for her healthcare and asked her to
elaborate on requirements for board members like herself. Mrs. Dettloff stated that any
community clinic that receives federal funding has a requirement that 51% of its board members
must receive their healthcare at the clinic and that is what she does. He then asked Mrs.
Dettloff to further describe how that regulation benefits the funding opportunities here in
Huntington Beach.
Mainor Flores, member of Community Services Program (CSP) leadership group, urged
Council to support tonight's recommended funding for CSP, and described his involvement over
the past five years. He described the positive services CSP provides to the community of which
he enjoys. (1:02:28)
Yvonne Flores, Ocean View High School, spoke in support of the importance and positive
influence of the CSP leadership group. She discussed positive aspects of learning the
significance of education, time management skills and the various fundraisers that she works at
different venues throughout the community. (1:03:40)
Laura Lopez, Ocean View High School student, voiced support of the CSP Leadership
Program, and the positive aspects of helping the community. She described gang activity in the
Oakview neighborhood, and discussed the positive influence of CSP in her life and others her
age. (1:05:07)
Araceli Arizmendi, resident in Huntington Beach, discussed the positive programs provided by
CSP of which she is so appreciative and involved. She highlighted the various fundraisers in
the community for which she has worked and the proceeds that fund field trips that she enjoys.
(1:06:33)
Elsa Greenfield, Program Director of CSP's Gang Prevention and Youth Development
Program, thanked Council for its past and continued support. She discussed the mission of
CSP to work for the elimination of gangs, drugs and youth violence. She described how CSP
provides positive alternatives to the kids, working closely with the police department providing
an educational and preventative model that complements the participant's efforts. She provided
an example of an annual anti -graffiti contest whereby the CSP leadership youth not only resist
gang activity, but now they come out and speak against it in the community. She urged Council
to fund this program at the level that keeps these programs in place. (1:08:03)
Bob Watts, Surf City senior, addressed the HOME Investment Partnership of the 2008/09
Action Plan, and referred to the language whereby the City of Huntington Beach is working with
Community Housing Development Organizations (CHDOs) to acquire multi -family rental
properties. He quoted from the Plan's provision of "providing suitable living environment for the
safety and livability of neighborhoods..." and identified that he lives in the Five Points Senior
Apartments on Florida Street. He voiced safety concerns for the elderly and female residents in
his complex who live within close proximity to registered sex offenders. He questioned if the
City would include safety provisions within -the City's contract that would -negate his manage-
ment company's repeated rentals of apartments to sex offenders, and urged Council's
assistance in this matter. (1:10:14)
August 4, 2008 — Council/Agency Minutes — Page 10 of 18
Councilmember Carchio expressed sympathy with the previous public speaker, and stated that
he tried to address this issue with Council previously during which time he verified with the
police department that tenants and surrounding neighbors of registered sex offenders are
notified.
Police Chief Ken Small informed Council that community notifications are made when a sex
offender is elevated to a "high -risk offender" status.
Mayor Pro Tem Bohr asked staff if it would be feasible to incorporate a clause in City contracts
to disallow rentals of the City's units to registered sex offenders. Stanley Smalewitz, Director of
Economic Development, stating not to speak to the legal aspect of the question, discussed the
City's requirements for affordable housing contracts. He described impacts of federal and state
housing requirements that may limit the City's ability to create any limitations on rental units.
There being no further persons present to speak on the matter and there being no protests filed,
either written or oral, the Mayor closed the public hearing.
A motion was made by Coerper, second Hansen to 1) Approve the 2008/09 Action Plan for the
CDBG Program and HOME Program and authorize the City Administrator to sign the application
for federal assistance for $1,364,291 in CDBG and $747,206 in HOME for the 2008/09 grant
year and reallocate $5,000 of unprogrammed CDBG funds to Project Self Sufficiency for
2008/09; 2) Approve the text amendment to the Citizen Participation Plan. The motion carried
by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
Consent Calendar — Items Approved
(Exceptions to the 7-0 affirmative votes are indicated in Bold under the Consent Items below.)
A motion was made by Green, second Coerper to approve the following items on the Consent
Calendar by affirmative roll call vote. 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 — 1) Approved amendment to the
Minutes of April 21, 2008, with strikethrough language to be deleted from the Public Comments
section, Page 6 of 18, as approved by the City Council on May 5, 2008; and, 2) Approved and
adopted the minutes of the City Council/Redevelopment Agency Regular Meeting of July 21,
2008, as written and on file in the Office of the City Clerk. Submitted by the City Clerk.
Approved 6-0-1 (Hardy abstain)
(City Council) Approved the Appointment of Catherine McGough to the Community
Services Commission for a First Term of July 1, 2008 Through June 30, 2012 as
Recommended by Council Liaisons Councilmembers Joe Carchio, Cathy Green and Don
Hansen. Approved the appointment of Catherine McGough as a school board representative
for Huntington Beach City School District for a first term. The term will be from July 1, 2008,
August 4, 2008 — Council/Agency Minutes — Page 11 of 18
through June 30, 2012. Submitted by the Director of Community Services. Funding Source:
Not applicable.
(City Council) Approved the Appointment of Kathie Schey to the Historic Resources
Board for a Partial Term to Expire June 30, 2009 to Fill the Term of Orville Hanson as
Recommended by Council Liaisons Councilmembers Joe Carchio, and Jill Hardy.
Approved the appointment of Kathie Schey for a term to expire June 20, 2009, to fill the term of
Orville Hanson as recommended by Council Liaisons Carchio and Hardy. Submitted by the
Director of Community Services. Funding Source: Not applicable.
(City Council) Approved the Appointment of Greg Marrero to the Allied Arts Board for a
Partial Term to Expire June 30, 2009 to Fill the Term of Elaine Keely as Recommended by
Council Liaisons Mayor Debbie Cook and Councilmembers Cathy Green and Don
Hansen. Approved the appointment of Greg Marrero for a partial term to expire June 30, 2009
to replace the resignation of Elaine Keely, who completed her first term on June 30, 2007, as
recommended by Council liaisons Cook, Green and Hansen. Submitted by the Director of
Community Services. Funding Source: Not applicable.
Mayor Cook congratulated and welcomed Catherine McGough to the Community Services
Commission; Kathie Schey to the Historic Resources Board; Greg Marrero to the Allied Arts
Board; and David Barton and Jan Garner to the Personnel Commission.
(City Council) Approved Release of the Faithful Performance Bond Provided as Security
by Tuscany Development, Inc./Kelter Homes, Developer of Tract 16740, Located at 19150
Gothard Street, East Side of Gothard Street, South of Garfield Avenue; Accepted
Guarantee and Warranty Bond; and, Authorized Recordation of Notice of Acceptance of
Public Improvements. 1) Accepted the improvements construction and dedicated for public
use with Tract 16740; 2) Accepted Guarantee and Warranty Bond No. 863980S; the security
furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the
bond with the City Treasurer; 3) Released the Faithful Performance Bond No. 863980S, Labor
and Material Bond No. 863980S and Monument Bond No. 863981 S (monument bond number
change revision included) pursuant to the California Government Code Section No. 66499.7(a);
4) Instructed the City Clerk to notify Tuscany Development, Inc. a California Corporation, the
subdivider of Tract No. 16740, of this action, and the City Treasurer to notify InscoDico Group
Insurance Company, of this action; and, 5) Instructed the City Clerk to record the Acceptance of
Public Improvements with the Orange County Recorder. Submitted by the Director of Public
Works. Funding Source: Not applicable.
(City Council) Approved Project Plans and Specifications and Awarded Construction
Contract in the Amount of $437,000.50 to GMC Engineering, Inc. for the Magnolia Street
Sidewalk Project, CC-1228 and Authorized the Mayor and City Clerk to Execute Contract
in a Form Approved by the City Attorney. 1) Approved the project plans and specifications
for the Magnolia Street Sidewalk Project, CC-1228; 2) Accepted the lowest responsive and
r.Psponsth,Je bid submitted by GMC'✓ngineering, Inc:; -in -the ar_nount o€�$437-,000.50; and, 3) --
Authorized the Mayor and City Clerk to execute a construction contract in a form approved by
the City Attorney. Submitted by the Director of Public Works. Funding Source: Funds in the
amount of $535,000 are budgeted in the Southeast Coastal Redevelopment Project Area
(SCRPA), Street Improvement Account No. 31580101.82300. The engineer's estimate for the
Magnolia Street Sidewalk Project was $523,300.
August 4, 2008 - Council/Agency Minutes - Page 12 of 18
City Council) Approved Release of the Faithful Performance Bond, Labor and Material
Bond and Monument Bond Provided as Security by Lowe's HIW, Inc., Developer of the
Lowe's Home Improvement Warehouse, Located at 8175 Warner Avenue, Northeast
Corner of Beach Boulevard and Warner Avenue; Accepted Guarantee and Warranty
Bond; and, Authorized Recordation of Notice of Acceptance of Public Improvements. 1)
Accepted the improvements constructed for public use per Conditional Use Permit 00-31 and
offsite improvement plans for the project; 2) Released the following: •a. Faithful Performance
Bond No. 104 212 421, b. Labor and Material Bond No. 104 212 421, and c. Monument Bond
No. 104 313 422; 3) Instructed the City Clerk to notify the developer, Lowe's HIW, Inc., of this
action, and the City Treasurer to notify the surety, Travelers Casualty and Surety Company of
America of this action; and, 4) Instructed the City Clerk to record the Acceptance of Public
Improvements with the Orange County Recorder. Submitted by the Director of Public Works.
Funding Source: No funds are required for this action.
(City Council) Approved Project Plans and Specifications and Awarded Construction
Contract in the Amount of $1,345,397 to Pascal and Ludwig Constructors, for the Sewer
Lift Station #26 and Force Main Replacement Project, CC-1297; Authorized the Mayor and
City Clerk to Execute Contract in a Form Approved by the City Attorney; and, Authorized
the Director of Public Works to Approve up to Fifteen Percent (15%) in Construction
Change Orders. 1) Approved the project plans and specifications for the Lift Station #26 and
Force Main Replacement Project, CC-1297; 2) Accepted the lowest responsive and responsible
bid submitted by Pascal and Ludwig Constructors in the amount of $1,345,397; 3) Authorized
the Mayor and City Clerk to execute a construction contract in a form approved by the City
Attorney; and, 4) Authorized the Director of Public Works to approve up to fifteen percent (15%)
in construction change orders. Submitted by the Director of Public Works. Funding Source:
Funds are available in the Sewer Service Charge Fund, Sewer Lift Station CIP Account No.
51189001.82100. The engineer's estimate for this project was $2 million.
(City Council) Adopted Resolution No. 2008-45 Approving a Side Letter to the
Memorandum of Understanding (MOU) Between the City and the Huntington Beach
Police Management Association (PMA) Changing the Date Requiring a Bachelor's Degree
to be Eligible to Test for, and Promoted to, the Position of Police Lieutenant From July 1,
2007 to July 1, 2010. Adopted Resolution No. 2008-45, 'A Resolution of the City Council of
the City of Huntington Beach Amending the Memorandum of Understanding Between the City
and the Police Management Association, by Adopting the Side Letter of Agreement (Regarding
Educational Requirement for Eligibility to Test for Police Lieutenant) from July 1, 2007 to July 1,
2010. Submitted by the Chief of Police. Funding Source: Not applicable.
(City Council) Approved Project Plans and Specifications and Awarded Construction
Contract in the Amount of $45,911 to Steiny and Company, Inc., for the Street Lighting
Modifications Along Pacific Coast Highway From 11th Street to Main Street, CC-1266;
and, Authorized the Mayor and City Clerk to Execute Contract in a Form Approved by the
City Attorney. 1) Approved the project plans and specifications for the Street Lighting
Modifications along Pacific Coast Highway from 11th Street to Main Street (CC-1266); 2)
Accepted the lowest responsive and responsible bid submitted by Steiny and Company, Inc., in
the amount of $45,911; and, 3) Authorized the Mayor and City Clerk to execute a construction
contract in a form approved by the City Attorney. Submitted by the Director of Public Works.
Funding Source: Funds totaling $1 million have been appropriated in the current budget year
for the upgrading and replacement of street lighting in the downtown area. The funding amount
also includes other roadway segments for street lighting upgrades in addition to this segment on
August 4, 2008 — Council/Agency Minutes — Page 13 of 18
Pacific Coast Highway. Funding is from the Redevelopment Agency Account 30590006.82700.
The engineer's cost estimate for this project (CC-1266) is $98,000.
(City Council) Approved Project Plans and Specifications and Awarded Construction
Contract in the Amount of $226,900 to CSI Electrical Contractors, Inc., for the Traffic
Signal Installations at the Intersection of Goldenwest Street and Rio Vista Drive (CC-
1300) and at Adams Avenue and Ranger Lane (CC-1311); and, Authorized the Mayor and
City Clerk to Execute Contract in a Form Approved by the City Attorney. 1) Approved the
project plans and specifications for the Traffic Signal Installations at the intersection of
Goldenwest Street and Rio Vista Drive (CC-1300), and at Adams Avenue and Ranger Lane
(CC-1311); 2) Accepted the lowest responsive and responsible bid submitted by CS] Electrical
Contractors, Inc., in the amount of $226,900; and, 3) Authorized the Mayor and City Clerk to
execute a construction contract in a form approved by the City Attorney. Submitted by the
Director of Public Works. Funding Source: Funds totaling $992,500 have been appropriated
in the current budget year from the Traffic Impact Fee Account 20690007.82700 for new traffic
signal installations including these two locations. The engineer's construction cost estimate for
this project is $490,000.
(City Council) Approved the Design and Location of a Sign Displaying the National Motto
"in God We Trust" on the Wall of the City Council Chambers Approved the design and
location of the national motto, "in God We Trust" on the wall of the City Council
Chambers behind the City Council dais and next to the flags. Approved the design and
location of the national motto, "In God We Trust" on the wall of the City Council Chambers
behind the City Council dais and next to the flags. Submitted by City Councilmembers Cathy
Green, Joe Carchio, and Gil Coerper. Funding Source: The cost for the sign will be covered
out of the City Administrator's Office, general supplies budget, account #10030101.63100.
Approved 4-2-1 (Hardy, Cook No; Bohr abstain)
(City Council) Approved and Authorized the Chief of Police to Execute a One -Year Grant
Agreement With the State of California, Office of Traffic Safety (OTS), National Highway
Traffic Safety Administration, In the Amount of $181,077 for a Driving Under the Influence
(DUI) Enforcement and Awareness Program; Approved Appropriation, Established a
Separate Business Unit, and Authorized Expenditure of Same Amount Plus Any Accrued
Interest. 1) Approved and accepted the one year Grant Agreement #AL0998 between the
State of California -Office of Traffic Safety and the City of Huntington Beach and authorize the
Chief or Police to execute the Agreement; 2) Approved appropriations and estimated revenue
in the amount of $181,077; 3) Established a separate business unit for this funding; 4)
Authorized the Chief of Police to expend up to $181,077, plus any accrued interest on the DUI
Enforcement and Awareness Program. Submitted by the Police Chief. Funding Source: This
is a one-year reimbursable grant, which is funded by the State of California -Office of Traffic
Safety, through the National Highway Traffic Safety Administration, in the amount of $181,077
for the period of October 1, 2008 through September 30, 2009. Funding is from sources not
accounted for in the budget process.
(City Council) Approved and Authorized the Mayor and City Clerk to Execute a Five -Year
License Agreement With Abercrombie and Fitch Company to Add Seven Additional
Cameras (for a Total of Nine) Providing Live Video Feed to its Hollister Stores From the
Huntington Beach Pier. Approved the City Agreement with Abercrombie and Fitch Co. to
provide live video feed to its stores from the Huntington Beach Pier and authorized the Mayor
and City Clerk to execute said agreement. Submitted by the Director of Community Services.
August 4, 2008 - Council/Agency Minutes - Page 14 of 18
Funding Source: Not applicable. The City will receive an escalating fee beginning at
$116,000 per year for the license agreement plus an inflationary factor. Additionally, the City
shall receive an escalating "signing bonus" for lifeguard equipment at the beginning of the new
agreement and at each five-year extension. This fee will be $50,000 plus an inflationary factor
at the beginning of each extension.
(City Council) Approved and Authorized the Mayor and City Clerk to Execute
Professional Services Contracts With: 1) TransSystems in an Amount Not to Exceed $3
Million Over a Five -Year Period, 2) Dudek in an Amount Not to Exceed $3 Million Over a
Five -Year Period, 3) CivilSource in an Amount Not to Exceed $3 Million Over a Five -Year
Period, and 4) IDS Group in an Amount Not to Exceed $3 Million Over a Five -Year Period
for "As -Needed" Construction Management and Administrative Support Services. 1)
Approved the Professional Services Contract Between the City of Huntington Beach and
TransSystems for As -Needed Construction Management and Administrative Support Services
for an amount not to exceed $3 million; 2) Approved the Professional Services Contract
Between the City of Huntington Beach and Dudek for As -Needed Construction Management
and Administrative Support Services for an amount not to exceed $3 million; 3) Approved the
Professional Services Contract Between the City of Huntington Beach and CivilSource for As -
Needed Construction Management and Administrative Support Services for an amount not to
exceed $3 million; and, 4) Approved the Professional Services Contract Between the City of
Huntington Beach and IDS Group, Inc. for As -Needed Construction Management and
Administrative Support Services for an amount not to exceed $3 million. Submitted by the
Director of Public Works. Funding Source: Funds are available within budgeted capital
improvements projects.
(City Council) Approved the Re -appointments David S. Barton and Jan P. Garner to the
Personnel Commission, Each to Serve Second Terms Effective July 1, 2008 through June
30, 2012 as Recommended by Council Liaisons Mayor -Pro Tern Bohr and
Councilmembers Hardy and Coerper. Approved the reappointments of David S. Barton and
Jan P. Garner to the Personnel Commission. Funding Source: Not Applicable.
(City Council) Adopted Resolution No. 2008-46 Designating Certain City Staff as Persons
Authorized to Execute Financial Transactions in the Name of the City of Huntington
Beach. Adopted Resolution No. 2008-46, "A Resolution of the City Council of the City of
Huntington Beach Authorizing the Manual and/or Facsimile Signatures of Shari L. Freidenrich,
Paul S. Emery, Joyce M. Zacks, and James Slobojan. " Submitted by Shari Freidenrich, City
Treasurer. Funding Source: Not Applicable
(City Council) Adopted Resolution No. 2008-47 to Levy a Retirement Property Tax for
Fiscal Year 2008/2009 to Pay for Pre-1978 Public Safety Employee Retirement Benefits.
Adopted Resolution Number 2008-47, 'A Resolution of the City Council of the City of
Huntington Beach Levying a Retirement Property Tax for Fiscal Year 200812009 to pay for Pre-
1978 Employee Retirement Benefits, " of $.00900 per $100 of assessed valuation. Submitted by
Dan T. Villella, CPA. Funding Source: Not Applicable. ---
Approved 5-2 (Hansen, Carchio No)
(City Council) Approved the Appointment of Fred Wilson as City Administrator Effective
September 22, 2008 and Executed a Personal Services Agreement. 1) Approved the
appointment of Fred Wilson as City Administrator; and 2) Authorized the Mayor and City Clerk
to execute "Agreement for Personal Services - City Administrator, " between the City of
August 4, 2008 - Council/Agency Minutes - Page 15 of 18
Huntington Beach and Fred Wilson. Submitted by Jennifer McGrath, City Attorney. Funding
Source: City Administrator's Budget 10030101.
(City Council) Approved a City Council Position on Legislation Pending Before the
Federal, State, or Regional Governments as Recommended by the City Council
Intergovernmental Relations Committee (IRC)
The City Council considered a communication from Councilmember Jill Hardy, Chair on behalf
of Intergovernmental Relations Committee Members Mayor Pro Tem Keith Bohr and
Councilmember Don Hansen transmitting the following
Statement of Issue: Approval of City Council positions as recommended by the City Council
Intergovernmental Relations Committee (IRC) on legislation or budget issues pending before a
federal, state, or regional government; and approval of the City's federal funding agenda for this
year. Funding Source: Not Applicable
A motion was made by Hardy, second Bohr to:
1. OPPOSE HR 3121 (Waters) - Flood Plain: Flood Insurance - As Amended May 13, 2008.
2. SUPPORT AB 2466 with suggested amendments(Laird) - Public Utilities - Local
government energy producers - As Amended June 12, 2008.
3. OPPOSE AB 2716 (Laird) - Employment: Sick Days - As Amended June 19, 2008.
4. OPPOSE SB 1016 Unless Amended (Wiggins) - Diversion: Compliance: per capita
disposal rate - As Amended July 2, 2008,
5. SUPPORT SB 1146 (Cedillo) - Disclosure: Franchise Tax Board and Cities - As Amended
July 2, 2008.
The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
Ordinances for Adoption
(City Council) Adopted Ordinance No. 3808 Amending Huntington Beach Municipal Code
(HBMC) Chapter 17.56 Regarding Fire Sprinkler and Construction Requirements.
(Approved for Introduction July 21, 2008)
A motion was made by Coerper, second Green to after the City Clerk reads by title, Adopt
Ordinance No. 3808,."An Ordinance of the City of Huntington Beach -Amending Chapter 17.56
of the Huntington Beach Municipal Code Relating to the Fire Code. " The motion carried by the
following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
August 4, 2008 — Council/Agency Minutes — Page 16 of 18
(City Council) Adopted Ordinance No. 3809 Amending the Huntington Beach Municipal
Code (HBMC) Chapter 10.12 Relating to Speed Limits by Increasing the Speed Limit by
Five Miles Per Hour on Four Street Segments and Decreasing the Speed Limit by Five
Miles Per Hour on Eight Street Segments.
(Approved for Introduction July 21, 2008)
A motion was made by Green, second Carchio to after City Clerk reads by title, Adopt
Ordinance No. 3809, "An Ordinance of the City of Huntington Beach Amending Chapter 10.12
of the Huntington Beach Municipal Code Relating to Speed Limits." The motion carried by the
following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
Ordinances for Introduction
(City Council) Approved for Introduction Ordinance No. 3810 Amending Chapter 14.18 of
the Huntington Beach Municipal Code (HBMC) Relating to the Water Management
Program; and, Adopt Resolution No. 2008-44 Adopting an Updated Water Management
Program
The City Council considered a communication submitted by the Director of Public Works
transmitting the following
Statement of Issue: Chapter 14.18 of the Municipal Code establishes a Water Management
Program for the City based upon the need to conserve water supplies and to avoid or minimize
the effects of future water shortages. With water delivery curtailments possible in the near -
future, an updated Water Management Program is proposed. Funding Source: Any funds
needed to implement the Water Management Program will be provided by the Water Fund (506)
operating budget.
Councilmember Hardy reiterated her support for the idea of allocation -based tiered rates for the
future.
A motion was made by Coerper, second Carchio to after the City Clerk reads by title, 1)
Approve Introduction of Ordinance No. 3810, "An Ordinance of the City of Huntington Beach
Amending Chapter 14.18 of the Huntington Beach Municipal Code Relating to the Water
Management Program;" and 2) Adopt Resolution No. 2008-44, "A Resolution of the City
Council of the City of Huntington Beach Adopting the Water Management Program. " The
motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
August 4, 2008 - Council/Agency Minutes - Page 17 of 18
(City Council) Approved for Introduction Ordinance No. 3811 Deleting Chapter 2.06 of
the Huntington Beach Municipal Code (HBMC) Relating to Campaign Documents
The City Council considered a communication submitted by the City Attorney transmitting the
following
Statement of Issue: On June 16, 2008, the City Council passed and adopted Ordinance No.
3802. amending Chapter 2.07 of the Huntington Beach Municipal Code (HBMC) relating to
Campaign Contribution Reform, however, the ordinance repealing Chapter 2.06 of the HBMC
relating to Campaign Documents was inadvertently not brought back for Council's consideration
at the City Council meeting on June 16, 2008. Funding Source: Not applicable
A motion was made by Green, second Carchio to after City Clerk reads by title, adopt
Ordinance No. 3811, 'An Ordinance of the City of Huntington Beach Deleting Chapter 2.06 of
the Huntington Beach Municipal Code Relating to Campaign Documents in its Entirety." The
motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
(City Council) Submitted by Councilmember Carchio - Public Access Defibrillation
Program.
The City Council considered a communication from Councilmember Joe Carchio transmitting
the following
Statement of Issue: Sudden cardiac arrest kills an estimated 166,000 people each year in the
United States. The national survival rate for sudden cardiac arrest is less than 5%. Reducing
these deaths and improving the survival rate is accomplished by having a strong "Chain of
Survival." The "Chain of Survival" includes early access by calling 911, early CPR, early
defibrillation and early advanced care.
Most sudden cardiac arrests are caused by ventricular fibrillation which is chaotic cardiac
electrical activity that prevents the heart from pumping blood. The simple -to -use Automated
External Defibrillator (AED) delivers an electrical shock that re -boots the heart and restores
normal electrical and mechanical function.
I proposed that we implement a citywide Public Access Defibrillation (PAD) program in which
AEDs would be strategically placed in selected City facilities including City Hall, Central Library,
the Fire Training Center, The corporate Yard, The Senior Center, and the City's recreation
buildings at Edison and Murdy Parks. These AEDs would be accessible for use by trained City
staff.
Councilmember Hardy thanked Councilmember Carchio-for presenting this item during the - -
budget review for Council's consideration.
Councilmember Green discussed the timely aspect of the proposed item, indicating a sense of
urgency for its implementation. She reported that statistics show that survival rates are
increased dramatically with the widespread use of the proposed program.
August 4, 2008 — Council/Agency Minutes — Page 18 of 18
Mayor Cook inquired as to how the proposed locations were identified and Councilmember
Carchio described discussions held with Fire Chief Duane Olson during which the most critical
locations needed for the defibrillators were identified. Mayor Cook stated her preference
for facilities locations to be kept open ended for future additions or relocations yet to be
determined.
A motion was made by Coerper, second Green to authorize the expenditure of second -tier
reserve funds in an amount not to exceed $30,100 for the implementation of a Public Access
Defibrillation program, as amended to leave facilities locations open ended for potential
additions or suggested relocations yet to be identified. The motion carried by the following roll
call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
Council Comments — (Not Agendized)
No comments provided.
City Council/Agency Adjournment
Mayor Cook adjourned the regular meeting of the City Council/Redevelopment Agency of the
City of Huntington Beach at 7:38 PM.
The next regularly scheduled meeting will be Monday, August 18, 2008, at 4:00 PM in Room
B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
a
City Clerk and ex-officio Clerk Yf the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
v
City Clerk -Clerk V Mayor -Chair