HomeMy WebLinkAbout2008-08-18Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, August 18, 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
1 1 ' `, • * C
The 4:00 PM portion of the meeting was recessed to 5:00 PM by Deputy City Clerk
Kelly Mandic due to a lack of quorum.
CALL TO ORDER
Mayor Cook called the regular meeting of the City Council/Redevelopment Agency of
the City of Huntington Beach to order at 5:00 PM, in Room B-8.
ROLL CALL
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
Absent: None
ANNOUNCEMENT OF LATE COMMUNICATION
City Clerk Joan Flynn announced no late communication for the Closed Session
portion of the meeting.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION
ITEMS (3 Minute Time Limit)
None.
RECESS TO CLOSED SESSION
A motion was made by Coerper, second Bohr to recess to Closed Session. The
motion carried by the following roll call vote:
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 2 of 17
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
CLOSED SESSION
1. 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.
2. 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, Finance Director; and Duane Olson, Fire Chief,
regarding labor negotiations with FMA.
3. Pursuant to Government Code Section 54956.9, the City Council recessed into
Closed Session to confer with the City Attorney regarding the proposal of Sunesys,
LLC to construct a fiber optic communication network between the schools of the
Fountain Valley School District. Sunesys intends to connect the fiber optic lines to
existing utility poles, although Section 17.64.050 of the Municipal Code requires that
such new utility lines be installed underground. By letter, dated July 30, 2008,
Sunesys informed the City that it would sue unless excused from this requirement.
4. Pursuant to Government Code Section 54956.9, the City Council recessed into
Closed Session to confer with the City Attorney regarding NextG Networks of
California v. City of Huntington Beach, U.S. District Court, Case No. SACV-07-1471,
Ninth Circuit Court of Appeals Case No. 08-55403, which alleges City's "Wireless
Permit Ordinance" requirements are unlawful and prohibits Plaintiff from providing
telecommunications services to its customers.
5. Pursuant to Government Code Section 54956.9, the City Council recessed into
Closed Session to confer with the City Attorney regarding potential litigation. The
facts and circumstances are not specified because they concern matters that might
result in litigation against the City, and which the City believes are not yet known to
potential plaintiffs. [Government Code § 54956.9(b)(3)(A).]
6. Pursuant to Government Code Section 54956.9, th-- City Council recessed into
Closed Session to confer with the City Attorney regarding the following potential
lawsuit: Whether the City Attorney should be directed to file a lawsuit.
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 3 of 17
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/REDEVELOPMENT AGENCY MEETING
Mayor Cook reconvened the regular meeting of the City Council/Redevelopment
Agency of the City of Huntington Beach at 6:00 PM in the Council Chambers.
CLOSED SESSION REPORT BY CITY ATTORNEY - None.
ROLL CALL
Present: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
Absent: None
PLEDGE OF ALLEGIANCE - Led by Councilmember Carchio
INVOCATION - Led by Reverend Mark Willey, Costa Mesa Methodist Church
ANNOUNCEMENT OF LATE COMMUNICATION
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan Flynn announced
communications received by the City Clerk's Office following distribution of the
agenda packet:
#8 - Communication submitted by Patricia Dapkus, Department Analyst, Senior,
dated August 18, 2008, entitled Late Communication Regarding the Council
Committee Report on AB 1634.
#16 - Communication submitted by Stanley Smalewitz, Director of Economic
Development, dated August 18, 2008, entitled Add Recommended Action to Consent
Calendar Item No. 16 (Resolution of Intention to Levy an Annual Assessment for
2008-2009 within the Downtown Huntington Beach Business Improvement District.)
#17 - Communication submitted by Stanley Smalewitz, Director of Economic
Development, dated August 18, 2008, entitled Add Recommended Action to Consent
Calendar Item No. 17 (Resolution of Intention to Levy an Annual Assessment for
2008-2009 within the Huntington Beach Auto Dealers Business Improvement District.)
#18 - Communication submitted by Stanley Smalewitz, Director of Economic
Development, dated August 18, 2008, entitled Add Recommended Action to Consent
Calendar Item No. 18 (Resolution of Intention to Levy -an Annul Assessment for
2008-2009 within the Huntington Beach Hotel/Motel Business Improvement District.)
#19 — Communication submitted by Mark Bixby, dated August 16, 2008, entitled
Further Clarification Needed Regarding 8/18/08 Consent Item No. 19 (SAR/Bolsa
Chica Law Enforcement.)
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 4 of 17
#19 - Communication submitted by Captain Chuck Thomas, Acting Chief of Police,
dated August 18, 2008, entitled Request for Council Action Item No. 19 providing
a replacement map to further define the Bolsa Chica area under consideration.
#23 - Communication submitted by Lisa Schick, dated August 18, 2008, entitled
Public Comments for City Council Meeting.
#23 - Communication submitted by Janelle Evink, dated August 18, 2008, entitled
Late Communication for Item No. 23 (Condo Conversion Restitution Fund
Allocations.)
#23 - Communication submitted by Jennifer McGrath, City Attorney, dated August
18, 2008, entitled Late Communication for Item No. 23, Meeting 8/18/08 attaching
a revised resolution reflecting a change made to Section 3A regarding dates.
#30 - Communication submitted by Gerry Marnien, Manager of the Los Angeles
Times/LA Displays, dated August 18, 2008, entitled Updated Anchor Bolt Size.
AWARDS AND PRESENTATIONS
Mayor Cook introduced Fred Wilson, newly appointed City Administrator for the City
of Huntington Beach who is scheduled to assume his position on September 22,
2008. She discussed his professional background in the City of San Bernardino, and
referenced similarities in government style and processes between the two cities. Mr.
Wilson thanked the Council for his appointment, and expressed excitement in coming
to Huntington Beach.
Mayor Cook referenced the art displayed behind the City Council dais, explaining
that is was constructed by children who attended the Huntington Beach Art Center
Summer Camp called Art At Beach, stating the summer art program is available to
children ages 6-12, with more information available at the downtown Art Center.
Mayor Cook called on Sister City Program Chair Carmen Erber, who introduced
Huntington Beach high school students who recently returned from Anjo, Japan.
Holly Slevcove, a Senior at Marina High School, described the points of interest,
activities, people and traditions she experienced while there; Elizabeth Tornheim,
Junior at Huntington Beach High School, described the hospitality of Japan's people
and how Anjo's Mayor was excited when learning an American dance. Cameron
Mandad, Senior at Huntington_ Beach High School, described his experience learning
about Japanese lifestyles, housing and customs. Shannon Carter, Junior at Edison
High School, described Japanese art, technique, taste and an amazing variety of
Japanese cuisine. She thanked the City Council, Carmen Erber and the Sister City
Association for such a wonderful opportunity, and distributed Japanese snacks to the
Council.
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 5 of 17
Carmen Erber described the program and opportunities on how to apply, identifying
the Sister City website address of www.hbsistercity.org.
7. Mayor's Award - Mayor Cook called on Fire Chief Duane Olson to present the
Mayor's Award to Art Weir, Equipment and Auto Maintenance Crew Leader.
Mayor Cook called on Chief Duane Olson to assist in presenting the Mayor's Award
to Art Weir, Equipment and Auto Maintenance Crew Leader. Chief Olson described
Art's 35-year tenure with the City, his mechanical experience with fire vehicles and
equipment, uniforms, operations, attitude and skills. Chief Olson stated the
department's respect for Art, and discussed Art's local background, education in
industrial arts, certifications and service experience in the United States Navy. Art
introduced his wife Sharon, daughter Kristie, grandson Gavin, and fellow associates
from the Fire Department. Mayor Cook presented Art with the Mayor's Award.
PUBLIC COMMENTS (3 Minute Time Limit)
(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)
Allen Baylis, Huntington Beach resident, spoke to the Council in favor of pet owners'
rights regarding spay and neuter of domestic pets, requesting their support in
opposing AB 1634. He spoke in favor of adopting Ordinance No. 3810 relating to
water conservation, suggesting that the Council consider bringing together a citizens
panel for creative solutions. He also recommended moving forward with new ideas,
suggesting that the Council would benefit from ideas provided by the people they
represent. (00:31:33)
Carol Hamilton, Huntington Beach resident, spoke in opposition to AB 1634. She
introduced Clancy, a pure bred Irish Terrier, and discussed PETA and the Humane
Society's involvement in current legislation that does not represent animal rights
associations. She described Clancy's background and special abilities, and
discussed how shelters are filled with dogs brought in from various countries, many of
which are disabled. (00:34:07)
Ann Patrick, long-time resident of Huntington Beach, thanked Mayor Cook for
returning her call regarding AB 1634. She urged Council to oppose the bill.
(00:34:42)
Keith Lezatte, Costa Mesa resident, requested that Council oppose AB 1634.
(00:35:04)
Teddi Alves, Huntington Beach resident, spoke in opposition to AB 1634. She
discussed the provisions of the bill, and informed the Council of a measure being
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 6 of 17
considered in Costa Mesa that will prohibit dog noises outside of property owner
boundaries. She urged Council to oppose AB 1634. (00:37:08)
Catherine DeLuca, Huntington Beach resident, again introduced her dog Clancy and
spoke in opposition of AB 1634. She called the legislation an invasion into the rights
of responsible pet owners, and described irresponsible acts by PETA representatives
at dog shows, suggesting there are better ways to handle animal problems.
(00:39:22)
COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234
DISCLOSURE REPORTING
Reports submitted by Mayor Pro Tern Bohr and Councilmember Hardy are on file and
available in the City Clerk's Office.
8. Councilmember Jill Hardy, Chair of the Intergovernmental Relations Committee,
(IRC) Reporting a Letter has been sent to Assemblyman Lloyd Levine Requesting
that the City be Removed as a Supporter of AB 1634 until City Council could Review
the Current Language to Determine its Current Position.
Councilmember Hardy reported on the City's past position for AB 1634 in June 2007,
informing Council that the bill has been amended several times and needed to be
brought back for discussion purposes. She described the Council's options to
support, oppose or stay neutral on the bill.
Councilmember Coerper asked for clarification that Council had previously supported
the bill, and that Mayor Cook had sent a letter to the State requesting Huntington
Beach be removed as a supporting agency. Councilmember Hardy confirmed.
Councilmember Coerper considered a motion to remain neutral. Councilmember
Hardy explained that there is no need for a vote to remain neutral, and informed the
Council that the issue could be revisited through the Intergovernmental Relations
Committee (IRC) process.
Councilmember Bohr voiced concerns about what he perceived to be an erroneous
statement made by a public speaker regarding PETA's involvement in the bill, and his
objection to opposing AB 1634.
A motion was made by Carchio, second Green to oppose AB 1634. The motion
carried _►y-.the following roll call vote:
AYES: Hansen, Hardy, Green, and Carchio
NOES: Bohr, Cook, and Coerper
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 7 of 17
Councilmember Green reported on recent activity by the Orange County
Transportation Authority (OCTA) to study the extension of the 57 freeway to the 405
freeway, reminding the Council of the City's opposition.
CITY ADMINISTRATOR'S REPORT - None
CONSENT CALENDAR
A motion was made by Green, second Coerper to approve items on the Consent
Calendar, including amendments brought forth in late communication related to items
16, 17, 18, and 23. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
9. (City Council) Approved Minutes.
A motion was made by Green, second Coerper to approve and adopt the minutes of
the City Council/Redevelopment Agency Regular Meeting of August 4, 2008 as
written and on file in the Office of the City Clerk. The motion carried by the following
roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
10. (City Council) Approved Project Plans and Specifications and Awarded
Construction Contract in the Amount of $101,500 to PTM General Engineering
Services, Inc. for the Traffic Signal Installation Project at Bolsa Chica Street and
Robinwood Drive, CC-1301, and the Installation of Traffic Signal Interconnect Conduit
on Main Street from Florida Street to Promenade Parkway, CC-1303; and, Authorized
the Mayor and City Clerk to Execute Contract in a Form Approved by the City
Attorney.
A motion was made by Green, second Coerper to a) Approve the project plans and
specifications for the Traffic Signal Installation at the intersection of Bolsa Chica
Street and Robinwood Drive (CC-1301) and the installation of interconnect conduit
along Main Street from Florida Street to Promenade Parkway (CC-1303); b) Accept
the lowest responsive and responsible bid submitted by PTM General Engineering
Services, Inc., in the amount of $101,500.00; and c) Authorize the Mayor and City
Clerk -to execute a construction contract in -a form approved by -the City Attorney. The
motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 8 of 17
11. (City Council) Approved Project Plans and Specifications and Award Construction
Contract in the Amount of $756,178.82 to Hillcrest Contracting, Inc. for the Heil
Avenue Widening Project, CC-1230; 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.
A motion was made by Green, second Coerper to a) Approve the plans and
specifications for the Heil Avenue Widening Project, CC-1230; b) Accept the lowest
responsive and responsible bid, including the additive alternate bid item, submitted by
Hillcrest Contracting, Inc., in the amount of $756,178.82; c) Authorize the Mayor and
City Clerk to execute a construction contract in a form approved by the City Attorney;
and d) Authorize the Director of Public Works to approve up to fifteen percent (15%)
in construction change orders. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
12. (City Council) Approved Project Plans and Specifications and Awarded
Construction Contract in the Amount of $90,209 to Christopher R. Morales, Inc. for
the Traffic Signal Modifications at the Intersections of Springdale Street and Heil
Avenue, and at Center Avenue and One Pacific Plaza, CC-1322; and, Authorized the
Mayor and City Clerk to Execute Contract in a Form Approved by the City Attorney.
A motion was made by Green, second Coerper to a) Approve the project plans and
specifications for the Traffic Signal Modifications at the intersections of Springdale
Street and Heil Avenue and at Center Avenue and One Pacific Plaza (CC-1322); b)
Accept the lowest responsive and responsible bid submitted by Christopher R.
Morales, Inc., in the amount of $90,209.00; and c) Authorize the Mayor and City Clerk
to execute a construction contract in a form approved by the City Attorney. The
motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
13. (City Council) Adopted Annual Disadvantaged Business Enterprises (DBE) Goal
for Fiscal Year 2008/2009 to be Eligible for Financial Assistance From the Federal
Highway Administration (FHWA).
A motion was made by Green, second Coerper to adopt the Annual Disadvantaged
Business Enterprises (DBE) goal of three percent (3%). The motion carried by the
following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 9 of 17
14. (City Council) Escheated a Total of $411.62 of Unclaimed Funds Over Three
Years Old and Less Than $15.00, and a Total of $10,908.34 of Unclaimed Funds
Over Three Years Old and More Than $15.00 to the City's General Fund per
Government Code Section 50055.
A motion was made by Green, second Coerper to review and approve the transfer of
$11,319.96 of unclaimed funds to the unappropriated General Fund in compliance
with Government Code Section 50055. The motion carried by the following roll call
vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
15. (City Council) Accepted Annual Review of the Flood Management Plan (FMP) for
Period Covering July 1, 2007 Through June 30, 2008 and Authorized Submittal to the
Federal Emergency Management Agency (FEMA).
A motion was made by Green, second Coerper to accept the annual review of the
Flood Management Plan as adequate and complete and forward it to FEMA. The
motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
16. (City Council) Approved the Huntington Beach Downtown Business Improvement
District (BID) Annual Report FY 2008-2009 BID Renewal; Adopted Resolution No.
2008-48, Declaring the City's Intention to Levy an Annual Assessment Within the
Huntington Beach Downtown Business Improvement District (BID) for FY 2008-2009;
and, Directed the City Clerk to Schedule a Public Hearing for September 15, 2008,
and Notify Each Business to be Assessed and Provide Public Notification.
A motion was made by Green, second Coerper to a) Adopt City Council Resolution
No. 2008-48, "A Resolution of the City Council of the City of Huntington Beach
Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year 2008-
2009 within the Huntington Beach Downtown Business Improvement District;"
b) Direct the City Clerk to schedule a public hearing to be held on September 15,
2008, and send copies of the Resolution of Intention including the BID Boundary Map
and assessment formula to each business to be assessed, and publish same in a
newspaper of general circulation as required; amended by late communication to add
c) Approve -the Downtown Huntington Beach_ Business Improvement District Annual T
Report for Fiscal Year 2008-2009. The motion carried by the following roll call vote. -
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 10 of 17
17. (City Council) Approved the Huntington Beach Auto Dealers Business
Improvement District (BID) Annual Report FY 2008-2009 BID Renewal; Adopted
Resolution No. 2008-49, Declaring the City's Intention to Levy an Annual Assessment
Within the Huntington Beach Auto Dealers Business Improvement District (BID) for
FY 2008-2009; and, Directed the City Clerk to Schedule a Public Hearing for
September 15, 2008, and Notify Each Business to be Assessed and Provide Public
Notification.
A motion was made by Green, second Coerper to a) Adopt City Council Resolution
No. 2008-49, "A Resolution of the City Council of the City of Huntington Beach
Declaring the City's Intention to Levy an Annual Assessment Within the Huntington
Beach Auto Dealers Association Business Improvement District for Fiscal Year 2008-
2009;" b) Direct the City Clerk to schedule a public hearing to be held on September
15, 2008 and send copies of the Resolution of Intention and assessment formula to
each business to be assessed and publish the same in a newspaper of general
circulation as required; amended by late communication to add c) Approve the
Huntington Beach Auto Dealers Business Improvement District Annual Report for
Fiscal Year 2008-2009. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
18. (City Council) Approved the Huntington Beach Hotel/Motel Business Improvement
District (BID) Annual Report FY 2008-2009 BID Renewal; Adopted Resolution No.
2008-50, Declaring the City's Intention to Levy an Annual Assessment Within the
Huntington Beach Hotel/Motel Business Improvement District (BID) for FY 2008-
2009; and, Directed the City Clerk to Schedule a Public Hearing for September 15,
2008, and Notify Each Business to be Assessed and Provide Public Notification.
A motion was made by Green, second Coerper to a) Adopt City Council Resolution
No. 2008-50, "A Resolution of the City Council of the City of Huntington Beach
Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year 2008-
2009 Within the Huntington Beach Hotel/Motel Business Improvement District;" b)
Direct the City Clerk to schedule a public hearing to be held on September 15, 2008,
and send copies of the Resolution and assessment formula to each business to be
assessed and publish same in a newspaper of general circulation as required;
amended by late communication to add c) Approve the Huntington Beach Hotel/Motel
Business Improvement District Annual Report for Fiscal Year 2008-2009. The motion
carried by the following roll call vote:
AYES-- Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
19. (City Council) Approved and Adopted the Memorandum of Understanding (MOU)
Among the County of Orange, the Orange County Sheriff -Coroner, and the City of
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 11 of 17
Huntington Beach for Sharing Law Enforcement Responsibilities in the
unincorporated West Bank of the Santa Ana River and the Majority of the Bolsa
Chica Wetlands.
A motion was made by Green, second Coerper to approve and adopt the
"Memorandum of Understanding Among the County of Orange, the Orange County
Sheriff -Coroner and the City of Huntington Beach for Sharing Law Enforcement
Responsibilities Along the Santa Ana River and the Bolsa Chica Wetlands." The
motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
20. (City Council) Approved and Authorized the Mayor to Execute Local Business
Energy Efficiency Program Agreements totaling $24,348.80 as Incentive Payments
for Previously Purchased Replacement Engines at Water Well #9 ($12,856.80), and
Water Well #13 ($11,492.00).
A motion was made by Green, second Coerper to a) Approve and authorize the
Mayor to execute "Local Business Energy Efficiency Program Agreement" for Water
Well #9; and b) Approve and authorize the Mayor to execute "Local Business Energy
Efficiency Program Agreement" for Water Well #13. The motion carried by the
following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
21. (City Council) Approved and Authorized the Mayor and City Clerk to Execute the
Southern California Edison (SCE ) Clean Green California Demand Response Sales
and Services Agreement with EnerNOC, Inc. Providing Incentive Payments to the
City of Huntington Beach if the City is Able to Shed Electrical Load from Designated
Facilities During Peak Use Events.
A motion was made by Green, second Coerper to approve and authorize the Mayor
and City Clerk to execute the "Southern California Edison (SCE) Clean Green
California Demand Response Sales and Services Agreement" with EnerNOC, Inc.
The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
22. (City Council) Approved Project Plans and Specifications and Awarded
Construction Contract in the Amount of $5,473,640.29 to R. J. Noble Company for the
FY 2007/08 Arterial Rehabilitation, CC-1320; and, Authorized the Mayor and City
Clerk to Execute a Construction Contract in a Form Approved by the City Attorney.
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 12 of 17
A motion was made by Green, second Coerper to a) Approve the plans and
specifications for the FY 2007108 Arterial Rehabilitation, CC-1320; b) Accept the
lowest responsive and responsible bid submitted by R.J. Noble Company in the
amount of $5,473,640.29; and c) Authorize the Mayor and City Clerk to execute a
construction contract in a form approved by the City Attorney. The motion carried by
the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
23. (City Council) Adopted Resolution No. 2008-51 Establishing Procedures for the
Hearing Officer, Thomas W. Allen, to Process Claims and Distribution of Monies in
the Condominium Conversion Restitution Fund for the Illegally Converted
Condominiums.
A motion was made by Green, second Coerper to adopt Resolution No. 2008-51, "A
Resolution of the City Council of the City of Huntington Beach Establishing a
Procedure for Processing Claims and Distribution of the Condominium Conversion
Restitution Fund." as amended by late communication reflecting a change to Section
3 A of Resolution No. 2008-51 regarding dates. The motion carried by the following
roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
24. (City Council) Approved the Memorandum of Agreement (MOA) Among Public
Agencies Participating in the Orange County Intelligence Assessment Center
Designed to Provide a Concentrated and Collective Gathering Point Within the
County to Effectively Disseminate Information on Terrorist and Criminal Activities;
and, Authorized the Police Chief to Sign the Agreement.
A motion was made by Green, second Coerper to approve the "Memorandum of
Agreement Among Public Agencies Participating in the Orange County Intelligence
Assessment Center," and grant signing authority to the Chief of Police. The motion
carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
25. (City Council) Approved a License Agreement Between t-he City of Huntington
Beach and Dos Cuadras Offshore Resources (DCOR), LLC for a Booster Pump
Facility at Pacific Coast Highway (PCH) and Warner Avenue that Provides
Freshwater to an Offshore Oil Platform.
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 13 of 17
A motion was made by Green, second Coerper to approve the "License Agreement
Between the City of Huntington Beach and DCOR, LLC for Booster Pump Facility at
PCH/Warner." The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
26. (City Council) Accepted Bid and Awarded the Federally Funded Community
Development Block Grant (CDBG) Construction Contract in the Amount of $123,800
to Hondo Company, Inc. for the Lake View Park Clubhouse Americans with
Disabilities Act (ADA) Improvement Project, MSC-439; and, Authorized the Mayor
and City Clerk to Execute a Contract in a Form Approved by the City Attorney.
A motion was made by Green, second Coerper to a) Accept the lowest responsible
bid submitted by Hondo Company, Inc., in the amount of $123,800 for the Lake View
Park Clubhouse ADA Improvement, MSC-439; and b) Authorize the Mayor and City
Clerk to execute CDBG construction contract MSC-439. The motion carried by the
following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
27. (City Council) Approved and Authorized the Mayor and City Clerk to Execute the
First Amendment to Master Communications Site Lease Agreement Between the
City of Huntington Beach and Los Angeles SMSA Limited Partnership, DBA Verizon
Wireless; and, Enter Into a New License Agreement; and, Schedule for a
Telecommunications Facility at Edwards Fire Station Located at 18591 Edwards
Street; and, Authorized the City Clerk to Record the Memorandum of Lease; and,
Delegated Authority to the Director of Economic Development and the Fire Chief to
Execute Other Related Documents.
A motion was made by Green, second Coerper to a) Authorize the Mayor and City
Clerk to approve and execute the "First Amendment to Master Communications Site
Lease Agreement Between the City of Huntington Beach and Los Angeles SMSA
Limited Partnership, DBA Verizon Wireless," and enter into a new License
Agreement, Schedule, and Memorandum of Lease for a telecommunications facility at
Edwards Fire Station, 18591 Edwards Street; b) Direct the City Clerk to record the
"Memorandum of Lease;" and c) Delegate authority to the Director of Economic
Development and the Fire Chief to execute other related documents. The motion
carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 14 of 17
28. (City Council) Adopted Resolution No. 2008-53 Accepting Grant Funds in the
Amount of $100,000 from the State of California Department of Alcoholic Beverage
Control (ABC) for Enforcement of State Laws Regulating the Sales of Alcohol, and
Authorized the Mayor to Execute the Grant Assistance Program Standard Agreement
#08G-LA36.
A motion was made by Green, second Coerper to a) Approve and authorize the
Mayor to execute the State of California, Department of Alcoholic Beverage Control
Grant Assistance Program Standard Agreement #08G-LA36; and b) Adopt Resolution
No. 2008-53, "A Resolution of the City Council of the City of Huntington Beach
Accepting Grant Funds from the State of California Department of Alcoholic Beverage
Control and Authorizing Execution of the Grant Agreement." The motion carried by
the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
ORDINANCES FOR INTRODUCTION
29. (City Council) Approved for Introduction Ordinance No. 3812, Amending Chapter
8.17 of the Huntington Beach Municipal Code (HBMC) by Adding Language Specific
to Flood Control/Drainage Channel Obstructions, Nuisances Declared, and Removal -
Notice to Owner.
A motion was made by Coerper, second Green to after City Clerk reads by title,
Approve for Introduction Ordinance No. 3812, "An Ordinance of the City of
Huntington Beach Amending Chapter 8.17 of the Huntington Beach Municipal Code
Relating to Public Rights -of -Way. The motion carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
30. (City Council) Approved for Introduction Ordinance No. 3813 Amending Chapter
12.37 of the Huntington Beach Municipal Code (HBMC) Relating to Newsracks in the
Downtown Specific Plan Boundary Effective January 1, 2009, and Adopt Resolution
No. 2008-52 Designating the Number and Location of Newsracks in the Downtown
Specific Plan Boundary.
Councilmember Carchio moved approval of the recommended action but amended it
by suggesting the ordinance apply to newsracks citywide.
Mayor Cook suggested that Council hear staffs presentation prior to making a
decision on the item.
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 15 of 17
Nova Punongbayan, Development Specialist, provided a PowerPoint presentation
that identified information provided by the Downtown Newsracks Ad -Hoc Committee
review of outdoor retail sales, newsracks and handbills, committee objectives,
newsracks standards, newsrack design(s), branding language, preventative and anti -
graffiti products, implementation and permit fees, newsrack location and logistics, and
timeline of ordinance to become effective January 1, 2009.
Mayor Cook suggested moving forward on adopting an ordinance applicable to the
downtown area in order to allow residents in other areas time to become educated
before applying restrictions citywide. Councilmember Carchio stated that newsracks
across the entire City have become troublesome, describing various areas with
reported problems. He expressed a need for the City to move forward and establish
guidelines that apply citywide. Mayor Cook suggested asking the committee to study
the issue on a citywide basis, and contact newspaper personnel to hear their ideas
and keep them informed. City Attorney Jennifer McGrath agreed that an additional
study be considered for a citywide ordinance. Councilmember Carchio was
agreeable and withdrew his amended motion.
Councilmember Coerper described his efforts during early years on Council to
remove newsracks downtown, how he met with downtown business owners and
newspaper representatives to bring forth resolution and information on regulating
newsracks on public sidewalks.
A motion was made by Hardy, second Carchio to a) Adopt Resolution No. 2008-52,
"A Resolution of the City Council of the City of Huntington Beach Designating the
Number and Location of Newsracks in the Downtown Specific Plan Boundary;" and b)
After City Clerk reads by title, Approve for Introduction Ordinance No. 3813, "An
Ordinance of the City of Huntington Beach Amending Chapter 12.37 of the
Huntington Beach Municipal Code Relating to Newsracks", amended to c) include
selection of the "A" frame design; and d) direct ad hoc committee to continue study on
application of recommendations citywide. The motion carried by the following roll call
vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
ORDINANCES FOR ADOPTION
31. (City Council) Adopted Ordinance No. 3810 Amending Chapter 14.18 of the
Huntington Beach Municipal Code (HBMC) Relatinq to the Water Management
Program. (Approved for Introduction August 4, 2008)
A motion was made by Coerper, second Green to after City Clerk reads by title,
Adopt 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
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 16 of 17
Management Program," by roll call vote. The motion carried by the following roll
call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
32. (City Council) Adopted Ordinance No. 3811 Deleting Chapter 2.06 of the
Huntington Beach Municipal Code (HBMC) Relating to Campaign Documents.
(Approved for Introduction August 4, 2008)
A motion was made by Green, second Coerper 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," by roll call vote. The motion carried by the following roll
call vote:
AYES: Hansen, Hardy, Bohr, Coerper, Green, and Carchio
NOES: Cook
COUNCILMEMBER ITEMS
33. (City Council) Selected Voting Delegate to the Annual League of California Cities
Conference and Business Meeting in Long Beach on September 24-27, 2008.
Mayor Cook solicited interest and Councilmember Coerper responded.
A motion was made by Cook, second Green to appoint Gil Coerper to serve as the
voting delegate for the City of Huntington Beach at this year's League of California
Cities Conference and Business Meeting, to be held September 24-27. The motion
carried by the following roll call vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, and Carchio
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Coerper reported attending a demonstration of the Electromagnetic
Cargo Conveyor by General Atomics in San Diego, and his hope that a similar
presentation could be made sometime in the future in Huntington Beach.
ADJOURN-
MEN-1-Mayor Cook adjourned the regular meeting of the City Council/Redevelopment
Agency of the City of Huntington Beach at 7:05 PM. The next regularly scheduled
meeting will take place on Tuesday, September 2, 2008, at 4:00 PM in Room B-8,
Civic Center, 2000 Main Street, Huntington Beach, California.
City Council/Redevelopment Agency Minutes
August 18, 2008 - Page 17 of 17
City CICleW and ex-officio Cler U f the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
f
iI'City Clerk-CleW Mayor -Chair