HomeMy WebLinkAbout2010-08-02Minutes
City Council/Redevelopment Agency/Public Financing Authority
City of Huntington Beach
Monday, August 2, 2010
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/
4:00 PM - ROOM B-8
CALL TO ORDER - 4:02 PM
ROLL CALL
Present: Carchio, Coerper (arrived at 4:08), Hardy (arrived at 4:03), Green, Bohr, Dwyer,
and Hansen
Absent: None
ANNOUNCEMENT OF LATE COMMUNICATION
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced receipt of late
communication received after distribution of the Council agenda packet:
PowerPoint communication for Study Session Item No. 2 submitted by the Finance Department,
dated August 2, 2010, and entitled City of Huntington Beach Proposed Budget Fiscal Year
2010111.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3
Minute Time Limit) - None.
STUDY SESSION
1. City Administrator and City staff presented an overview of the City Administrator's
recommended proposed Fiscal Year 2010/2011 Budget.
City Administrator Wilson provided a brief budget overview and introduced Jennifer Lampman,
Budget Manager, to present a PowerPoint presentation entitled City of Huntington Beach
Proposed Budget - Fiscal Year 201012011, with titled slides: FY 2010/11 Budget Presentation
Overview, Beginning Challenges (Challenges), PARS (PARS Basics, Preliminary PARS
Impact), FY 2010/11 Proposed Budget (General Fund by Department, General Fund Revenues,
General Fund Expenditures, New Reductions, Filled Positions Impacted, Operational
Reductions, Bright Spots! and Necessity is the Mother of all Invention!).
CounciVRDA/PFA Minutes
August 2, 2010
Page 2 of 17
Finance Director Bob Wingenroth presented the Five -Year Financial Plan that included the
following titled slides: Five -Year Financial Plan (Key Assumptions, Preliminary Project Revenue
vs. Expenditures), Financial Reserves (General Fund Reserves), Challenges Ahead (There Will
Be Things We Don't Know), and Questions.
Discussion between Council and staff centered on the following topics:
• Vacant positions (outsourcing versus retaining)
• Five-year projection measures
• Adopting a two-tier retirement system (associated impacts to the five-year plan)
• Length of hiring freeze
• PARS retirement incentive
• MOU conditions currently in place
• Reduction in Marine Safety hours
• Reduction in Crossing Guards
• Difference between FY 2009/10 and 2010/11 budget (bottom line)
• GIS replacement
• Beach Maintenance
• Story Time Hour reduction
• Collecting lost/overdue book fines
• Loss of Senior Vehicular Body Technician (impact on insurance)
• PARS credit in budget vacancies
• Attrition
• Community Services Director position assumed by Deputy City Administrator
• City Clerk's professional services budget
• Candidate statement reimbursement process
• Passport advertising
Director of Public Works Travis Hopkins and City Engineer Tony Olmos presented the Capital
Improvement Program (CIP) PowerPoint that included titled slides: CIP Funding History,
Factors Potentially Affecting CIP, New Appropriations, CIP by Category, CIP by Funding
Source, Facilities $2.9M and Neighborhood $1.7M.
Discussion between Council and staff centered on the following topics:
• Parking lot at 1 st and Atlanta (length of ownership, cost of land/parking lot construction)
• Life of an EIR (5 years)
• Gun Range clean up
• 8th Field @ Sports Complex
• Sewer
• Enterprise Funds
• Streets and Transportation
• Water Improvements
• Continuing Projects
• Talbert Lake
RECESS TO CLOSED SESSION - 5:37 PM
A motion was made by Coerper, second Carchio to recess to Closed Session. The motion
carried by the following roll call vote:
Council/RDA/PFA Minutes
August 2, 2010
Page 3 of 17
AYES: Carchio, Green, Bohr, Dwyer, and Hansen
NOES: None
ABSENT/OUT OF ROOM: Coerper, and Hardy
CLOSED SESSION
2. Pursuant to Government Code Section 54956.9, the City Council recessed into Closed
Session to confer with the City Attorney regarding the following workers compensation case:
Robert Lancaster, COHB-01-0134; 02-0037, Case No's: ADJ2990647; 2691184; 3473744.
3. Pursuant to Government Code § 54956.9, the City Council recessed into closed session to
confer with the City Attorney regarding the following lawsuit: Omnipoint Communications, Inc.
(T-Mobile) v. City of Huntington Beach, United States District Court Case No. CV09-3777 RGK,
which involves T-Mobile's project to install antennas at Harbour View Park and Bolsa View Park
6:00 PM - COUNCIL CHAMBERS
RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY
MEETING - 6:02 PM
CLOSED SESSION REPORT BY CITY ATTORNEY
City Attorney McGrath announced that a special meeting of the Huntington Beach City Council
will be held on Thursday, August 5, 2010 at 4:00 PM in the Council Chambers regarding cell
sites.
ROLL CALL
Present: Carchio, Hansen, Dwyer, Bohr, Green, Hardy, and Coerper
Absent: None
ANNOUNCEMENT OF LATE COMMUNICATION
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced late
communications received by her office following distribution of the Council agenda packet:
PowerPoint communication submitted for Public Hearing Item No. 17 by Stanley Smalewitz,
Director of Economic Development, dated August 2, 2010, entitled Consolidated Plan 2010-
2015 and Action Plan 2010-11, Community Development Block Grant and HOME Program.
Communication submitted on Public Hearing Item No. 17 by Robert Dettloff, Vice Chair,
Resource Development of the Project Self Sufficiency Foundation, dated July 31, 2010, entitled
PSSF letter to City Council.
PowerPoint communication submitted for Public Hearing Item No. 18 by the Fire Department
dated August 2, 2010, and entitled Fire Department Cost Recovery.
PowerPoint communication for Administrative Item No. 19 submitted by Administration dated
August 2, 2010, and entitled Sunset Beach Annexation.
Council/RDAIPFA Minutes
August 2, 2010
Page 4 of 17
Communications submitted for Administrative Item No. 19 (Sunset Beach annexation) by Diana
Mizera, Arlene Mayor, Jeff Nutts, Patricia Swancutt, Elizabeth Gellatly, Wendy McKeever Lack.
PowerPoint communication submitted for Ordinance for Introduction No. 21 by Stanley
Smalewitz, Director of Economic Development, dated August 2, 2010, and entitled Petroleum
Pipeline Franchises.
Communications submitted for Councilmember Item No. 22 (proposed ordinance prohibiting
smoking in outdoor dining areas where food is served) by Ron Newman and Dennis Boggeln.
PLEDGE OF ALLEGIANCE - Led by Girl Scout Troop 416 members Marina Elmore, Carly
Kaplan, and Kaura Grande.
INVOCATION - Given by Mark Curry, Huntington Beach Interfaith Council
AWARDS AND PRESENTATIONS
Mayor Green was joined by Elsa Greenfield to present a commendation to Girl Scout Troop 416
members Marina Elmore, Carly Kaplan, and Kaura Grande for their work to upholster a couch
for the Huntington Beach Youth Shelter.
Councilmember Coerper presented his son Michael's Golden Knight wings pin and shot glass to
Councilmember Dwyer as a token of appreciation for his attendance at a parachute jump.
Mayor Green called for a moment of silence to honor the passing of Fran Falkner,
Councilmember Carchio's mother-in-law, and Warren Hunter, Councilmember Coerper's
brother-in-law.
ACTION ON THE FOLLOWING AGENDA ITEM WAS TAKEN OUT OF ORDER:
COUNCILMEMBER ITEMS
22. WITHDRAWN BY COUNCILMEMBER COERPER - A Recommendation that the City
Attorney draft an ordinance prohibiting smoking in outdoor dining areas where food is served,
and for 20 feet from the outdoor dining areas where food is served between the hours of 7:00
A.M. and 9:00 P.M. in District 1 of the Downtown Specific Plan
A motion was made by Coerper, second Carchio to withdraw the item from the agenda. The
motion carried by the following roll call vote:
AYES: Carchio, Hansen, Dwyer, Bohr, Green, Hardy, and Coerper
NOES: None
PUBLIC COMMENTS (3 Minute Time Limit)
(The number following the speaker's comments reflect the approximate point in the archived
video located at http://www.surfcity-hb.org/government/agendas).
Council/RDA/PFA Minutes
August 2, 2010
Page 5 of 17
Mark Bixby voiced support for the community of Sunset Beach to participate in the Local
Agency Formation Commission (LAFCO) process to incorporate, and also spoke in support of
reducing second hand smoke in public places. (00:14:45)
Don MacAllister, Surfing Walk of Fame, discussed events to showcase Walk of Fame honorees
including a private reception on Wednesday, August 4 at 10:00 AM, and an all day event
on Thursday, August 5. (00:18:00)
Renee Ellerbroek questioned the Huntington Beach City Council's right to make decisions about
Sunset Beach, a community they do not govern, and urged Council to discontinue action and
allow Sunset Beach residents to participate in the LAFCO process to incorporate. (00:19:42)
Julie Lurie spoke in opposition to the annexation of Sunset Beach, voicing concerns
about Huntington Beach debt and property taxes. She urged Council to allow Sunset
Beach residents to pursue incorporation. (00:21:18)
Scot Dodson spoke in opposition to the annexation of Sunset Beach, voicing concerns
about additional Police resources, reduced number of lifeguards, and water services. He urged
Council to allow Sunset Beach residents to seek incorporation. (00:23:30)
Robert Ferguson, Humboldt Island resident, complimented Street services for removing a fallen
tree immediately in his neighborhood. He urged Council to table a decision on the annexation
of Sunset Beach, drawing attention to global issues that affect all areas. (00:25:30)
Diana Dodson discussed the small number of individuals in favor of Sunset Beach annexation,
compared to the large number who oppose it. She also discussed the community's activity to
incorporate. (00:28:53)
Charles G. Bakaly Jr. urged Council to table a vote to annex Sunset Beach and allow the
community to participate in the LAFCO process. (00:32:04)
Maria Jones discussed her impression of the City's involvement in assisting Brethren Christian
School to move AYSO soccer lights, and voiced concerns about their future building plans.
(00:34:00)
Clem Dominguez spoke in opposition to the annexation of Sunset Beach and urged Council to
allow residents to seek incorporation. He also voiced concerns related to parking, bars,
blight, eminent domain and urbanization (00:36:13)
Tom Burke spoke in opposition to the annexation of Sunset Beach, and discussed residents'
efforts to sustain the community. (00:39:30)
Larry Crandall spoke in opposition to annexation of Sunset Beach and urged Council to allow
LAFCO to decide if Sunset Beach qualifies as a city. (00:42:45)
Jack Markovitz spoke in opposition to the annexation of Sunset Beach, discussed the recent
formation of a Political Action Committee with 40 volunteers, and stated that 90% of Huntington
Beach residents do not support annexation. He also voiced legal concerns regarding
Proposition 218 and certain sections of the government code. (00:44:47)
CounciVRDA/PFA Minutes
August 2, 2010
Page 6 of 17
Councilmember Hansen questioned if Sunset Beach residents were able to participate in the
LAFCO process and were denied incorporation, would the residents support annexation by
Huntington Beach. Discussion ensued regarding price of a feasibility study and the likelihood
that Sunset Beach residents will not be granted a vote on the issue.
Lauren Alderette spoke in opposition to annexation of Sunset Beach, described the area's
character, its community events, history, and the importance of a democratic process.
(00:53:00)
Gretchen Hoad spoke in opposition to annexation of Sunset Beach and her opinion that the
action is meant to balance the Huntington Beach city budget and maintain reserves, but will
not benefit the residents of either community. (00:56:00)
Leslie Markovitz spoke in support of Sunset Beach independence, and in opposition to its
annexation. (00:58:00)
Ben Frederickson spoke in opposition to the annexation of Sunset Beach. (01:00:05)
Mike Van Voorhis, Vice President, Sunset Beach Community Association, spoke in support
of annexation of Sunset Beach and discussed a need for qualified Police protection. (01:01:48)
Marilyn Crosby spoke in support of annexation of Sunset Beach and described her past
affiliations with several Sunset Beach associations. (01:06:00)
Timothy McCormick spoke in support of annexation of Sunset Beach and described his
membership with related community boards. He voiced concerns with placing the financial
burden of incorporation on residents, money spent on studies, and outsourcing for vital
services. (01:06:57)
Phyllis Maywhort, Bayview Drive resident, spoke in support of annexation of Sunset Beach
and voiced concerns about blight and existing Sunset Beach businesses that operate without
business licenses or code enforcement. (01:09:59)
John Woods, Sunset Beach resident since 1966, discussed his civic involvement and support
for the annexation. He voiced concerns about generating funds for incorporation and services.
(01:13:17)
Dawn McCormack, President of the Sunset Beach Women's Club, spoke in support of
annexation. She expressed sympathy for residents who wish to incorporate, but feels the
decision makes no financial sense. She also requested that if annexed, Council craft binding
documents for non -redevelopment to protect the Sunset Beach community. (01:15:03)
Dr. Anthony Nobles spoke in support of annexation of Sunset Beach and discussed his
perception that incorporation is not financially feasible based on his attendance at meetings with
members of LAFCO and the Orange County Supervisor's Office. (01:18:12)
Jay Myers spoke in opposition to the annexation of Sunset Beach, urging Council to do what is
morally right and allow citizens to seek incorporation through LAFCO. (01:21:20)
Mark Weiss voiced concerns about his opinion that the City plans to provide financial assistance
to Brethren Christian School to relocate AYSO Soccer lights.
Council/RDA/PFA Minutes
August 2, 2010
Page 7 of 17
Alison Goldenberg voiced concerns about the City considering a financial contribution to assist
the Brethren Christian School in relocating AYSO Soccer lights. (01:26:20)
Scott Miller voiced concerns about the City considering a financial contribution to the Brethren
Christian School to relocate AYSO Soccer lights. (01:28:18)
Ian Thompson voiced concerns about the City considering a financial contribution to the
Brethren Christian School to relocate AYSO Soccer lights. (01:29:05)
Kent Miller spoke in opposition to annexation of Sunset Beach, urging Council to allow residents
to participate in the LAFCO process for incorporation. (01:30:06)
Michael Battistone spoke in opposition to annexation of Sunset Beach, urging Council to allow
citizens to participate in the LAFCO process for incorporation. (01:31:34)
Bill Sebring spoke in opposition to annexation of Sunset Beach, urging Council to allow citizens
to participate in the LAFCO process for incorporation. (01:34:50)
Greg Griffin spoke in opposition to the annexation of Sunset Beach and expressed concerns
about residents not having the right (according to LAFCO and the County Orange) to vote on
annexation, especially when a majority of Sunset Beach residents support its independence.
(01:38:00)
Tom Nuccio spoke in opposition to annexation of Sunset Beach, explaining that his parents are
residents there. (01:41:40)
Gerard Brown, Freedom from Huntington Beach, spoke in opposition to annexation of
Huntington Beach, urging Council to allow residents a vote, and discussed his emotional ties to
incorporation and the process of government. (01:42:16)
Dan Domancich, Huntington Beach business owner, questioned lack of sufficient information on
Police patrol services in the Anderson Study, and voiced concerns about Sunset Beach blight
and alcohol use on the beach. (01:43:19)
Terese Hampton spoke in opposition to annexation of Sunset Beach, urging Council to allow
residents to participate in the LAFCO process for incorporation. (01:45:55)
Tim Geddes requested that Council pull for discussion Consent Item No. 10 (Pacific City
Development Project), expressing concerns about the developer's failure to construct perimeter
improvements as promised in the development agreement. (01:49:00)
Neal Franks voiced opposition to the annexation of Sunset Beach, voicing concerns about the
City taking on additional financial responsibility. (01:51:10)
Susan Pierce, Red Bucket Equine Rescue, invited the community to a fundraising event on
August 14 and 15 at the Equestrian Center, describing it as a family event that will include a
pancake breakfast, barbeque lunch, dinner, cowboy races, and a hoe down. (01:52:55)
Daniel Lurie spoke in opposition to the annexation of Sunset Beach, and urged Council to allow
residents to participate in the LAFCO process for incorporation. (01:54:14)
Council/RDA/PFA Minutes
August 2, 2010
Page 8 of 17
Graham Hoad, Orange County Sanitation District Board of Directors, spoke in support of
annexation and voiced concerns related to residents bearing costs associated with incorporation
and services. (01:57:32)
Hans Roggeband requested Council consider his idea to convert the Wardlow School property
into an organic farm, garden and arts center to grow crops for local foods banks. He distributed
communication to Council that explained his request. (20:00:20)
Mayor Pro Tern Hardy explained how the City negotiated purchase of the Wardlow School ball
fields in 2005, and requested that the speaker contact Cathy Fikes for an appointment with
Council.
Eric Grandia voiced concerns about beach pollution at Huntington Beach State and
City beaches, Bolsa Chica Wetlands, and on Pacific Coast Highway. He requested that Council
consider upgrading programs currently in place to remediate the trash problem. (02:03:00)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234
DISCLOSURE REPORTING
Councilmember Dwyer thanked the Howard Jarvis Taxpayer's Association for volunteering
to cover expenses to place the City Charter Measure involving the Infrastructure Fund 617 on
the November 2, 2010 ballot.
Councilmember Dwyer announced that the Allied Arts Board is seeking nominees for its
upcoming awards ceremony.
CITY ADMINISTRATOR'S REPORT
Police Chief Ken Small provided an update on the OC Alert System's message that reported a
missing 11-year autistic boy on July 27.
City Clerk Joan Flynn reported that October 18 is the last day to register to vote for the
November 2, 2010 General Municipal election, and that the candidate filing period closes on
August 6, 2010.
CITY TREASURER'S REPORT
1. Reviewed and Accepted the City Treasurer's June 2010 Investment Summary Report
City Treasurer Freidenrich provided a brief PowerPoint presentation.
A motion was made by Coerper, second Carchio to review and accept the Monthly Investment
Report. Following review of the report by motion of Council, accept the Monthly Investment
Report for June 2010, 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: Carchio, Hansen, Dwyer, Bohr, Green, Hardy, and Coerper
NOES: None
Council/RDA/PFA Minutes
August 2, 2010
Page 9 of 17
CONSENT CALENDAR
2. Approved and adopted minutes.
A motion was made by Hansen, second Coerper to approve and adopt the minutes of the City
Council/Redevelopment Agency/Public Financing Authority regular meeting of July 6, 2010,
the City Council/Redevelopment Agency/Public Financing Authority regular meeting of July 19,
2010, and the City the City Council/Redevelopment Agency/Public Financing Authority special
meeting of July 20, 2010, as written and on file in the Office of the City Clerk. The motion carried
by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
3. Approved and authorized execution of the First Amendment to Agreement for 700 MHx
Portable Radios Purchase using Public Safety Interoperable Communications (PSIC) Grant
Funding; appropriated $370,259, and authorized offsetting revenue of $267,207 from grant
revenues from the City of Santa Ana Urban Area Security Initiative (UASI) office
A motion was made by Hansen, second Coerper to accept the "First Amendment to Agreement"
between the City of Santa Ana and the City of Huntington Beach; and, approve and authorize
the City Administrator and City Clerk to execute the "First Amendment to Agreement" between
the City of Santa Ana and the City of Huntington Beach to purchase 100 quantity of the 700
MHz pieces of equipment; and, approve the appropriation of $370,259 of which $269,207 is to
be fully reimbursed by the grant from the City of Santa Ana Urban Area Security Initiative (UASI)
office. The remaining $74,052 will be funded from appropriations in the upcoming FY 10-11
Police Department's equipment replacement budget; and, authorize the expenditure of
$370,259 to pay for 700 MHz equipment. The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
4. Accepted the Gates Foundation Opportunity Online Broadband Grant to improve and support
high speed Internet connections at the Helen Murphy branch library and the Banning branch
library.
A motion was made by Hansen, second Coerper to approve and accept grant award in the
amount of $20,312 - $15,252 in FY 2010-2011 and $4,380 in FY 2011 - 2012 from the Bill and
Melinda Gates Foundation Opportunity Online Broadband Grant program providing support for
broadband connectivity charges at the Helen Murphy branch library and the Banning branch
library; and, appropriate funds into Account numbers to be determined by the Finance
Department. The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
5. Approved and authorized execution of the agreement for sale of City -owned property near
the intersection of Gothard Street and Main Street to the adjacent owner, Gustafson Partners,
LLC.
Council/RDA/PFA Minutes
August 2, 2010
Page 10 of 17
Pulled for further discussion by Councilmember Coerper
Councilmember Coerper and staff discussed marketing real estate for the best purchase price.
A motion was made by Coerper, second Hansen to approve the "Agreement for Sale of Surplus
Real Property and Escrow Instructions" for the sale of surplus property to buyer, Gustafson
Partners, LLC; and, authorize the Mayor and City Clerk to execute the "Agreement for Sale of
Surplus Real Property and Escrow Instructions By and Between the City of Huntington Beach
and Gustafson Partners, LLC" and all other related documents to convey ownership of the
surplus property; and, authorize the Director of Economic Development to execute any other
related escrow documents. The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
6. Adopted Resolution No. 2010-50 to levy the annual retirement property tax for Fiscal Year
2010/2011 to pay for pre-1978 public employee retirement benefits.
Pulled for further discussion by Councilmember Hansen
Councilmember Hansen questioned the progression of consecutive increases on retirement
property tax made during the past four years. Finance Director Wingenroth provided the figures
and.explained staff's recommendation to increase the current tax by .016 percent.
Councilmember Hansen voiced disappointment in asking taxpayers to take on staffs proposed
new rate. Mayor Pro Tern Hardy discussed the maximum allowable rate of .03777, how the
taxation is governed by voter -approved Proposition 13, and how the proposed increase of .016
percent is necessary for public services.
Councilmember Coerper discussed Cal PERS monies collected into the General Fund and
spent on vital services. Councilmember Bohr discussed how the increase equates to
$.41/month for necessary services.
A motion was made by Bohr, second Hardy to adopt Resolution Number 2010-50, "A Resolution
of the City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal
Year 2010/11 to Pay for Pre-1978 Public Employee Retirement Benefits" of $.01600 per $100 of
assessed valuation. The tax rate of $.01600 would increase general fund revenue
approximately $250,000.
Councilmember Hansen and City Attorney McGrath discussed litigation that occurred in 2001.
The motion failed by the following roll call vote:
AYES: Coerper, Hardy, and Bohr
NOES: Carchio, Green, Dwyer, and Hansen
A motion was made by Hansen, second Carchio to retain the current retirement property tax
rate for Fiscal Year 2010/11. The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Dwyer, and Hansen
NOES: Bohr
Council/RDA/PFA Minutes
August 2, 2010
Page 11 of 17
7. Approved project plans and specifications and awarded construction contract in the amount
of $1,570,599 to CCL Contracting, Inc., Escondido, California, for the Water Main Replacement
Project, CC-1361; and, authorized execution and 15% in change orders
A motion was made by Hansen, second Coerper to approve the project plans and specification
for Water Main Replacement Project, Various Locations Downtown, CC1361; and, accept the
lowest responsive and responsible bid submitted by CCL Contracting, Inc., in the amount of
$1,570,599; and, authorize the Mayor and City Clerk to execute a construction contract in a
form approved by the City Attorney; and, 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: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
8. Awarded Miscellaneous Service Contract in the amount of $578,600 to Palp, Inc. dba Excel
Paving Company for the asphalt overly of various residential streets, MSC-474; and, authorized
the appropriation of $30,000 and 12.5% in contingencies
A motion was made by Hansen, second Coerper to accept the lowest responsive and
responsible bid submitted by Palp, Inc. dba Excel Paving Co. in the amount of $514,095.20;
and, approve the appropriation of $30,000 from Proposition 42 undesignated fund balance to
21990417.82200; and, authorize the Mayor and City Clerk to execute a construction contract in
the amount of $578,600 in a form approved by the City Attorney; and, authorize the Director of
Public Works to approve up to twelve and one half percent (12.5%) of the contract in
contingencies. The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
9. Approved project plans and specifications and awarded Construction Contract in the amount
of $167,565.80 to Sancon Engineering, Inc. for Sewer Rehabilitation Project, CC-1339
A motion was made by Hansen, second Coerper to approve the project plans and specifications
for the Sewer Rehabilitation Project for the neighborhood bordered by Adams Avenue, Bushard
Street, Cape Cod Drive, and Chesapeake Lane, CC1339; and, accept the lowest responsible
and responsible bid, including the additive alternate project bid item for lining of 10 sewer
manholes submitted by Sancon Engineering, Inc. in the amount of $167,565.80; and, 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: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
10. Approved Amendment 1 to Subdivision Agreement with Makallon Atlanta Huntington
Beach, LLC, (Makar) for Tract No. 16338 extending the term for completion of infrastructure
improvements at the Pacific City development project.
A motion was made by Hansen, second Coerper to approve and authorize the Mayor and City
Clerk to execute "Amendment 1 to Subdivision Agreement By and Between the City of
Council/RDA/PFA Minutes
August 2, 2010
Page 12 of 17
Huntington Beach and Makallon Atlanta Huntington Beach, LLC for Tract No. 16338." The
motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
11. Adopted Resolution No. 2010-54 approving Residential Permit Parking District "M" on
Sculpin Lane between Warner Avenue and Sun Drive; Sun Drive between Cod Circle and
Limelight Circle; Cod Circle between Sun Drive and its Northerly Terminus; and, Limelight Circle
between Sun Drive and its Northerly Terminus
A motion was made by Hansen, second Coerper to adopt Resolution No. 2010-54, "A
Resolution of the City Council of the City of Huntington Beach Establishing Permit Parking
District "M" Within the City of Huntington Beach." The motion carried by the following roll call
vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
12. Approved and authorized execution of a License Agreement between the City of Huntington
Beach and Hurley for sponsorship of two lifeguard towers; and, approved the $90,000
reimbursement to the City
A motion was made by Hansen, second Coerper to approve and authorize the Mayor and City
Clerk to execute the "License Agreement Between the City of Huntington Beach and Hurley for
Sponsorship of Two Lifeguard Towers," after the receipt of the insurance; and, approve the
reimbursement of $90,000 to the Community Services Department for the purchase and
installation of two lifeguard towers. The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
13. Approved and authorized execution of a 3-year Agreement between the City of Huntington
Beach and All City Management Services Inc. for Crossing Guard Services Beginning August
30, 2010
Pulled for further discussion by Councilmember Bohr
Councilmember Bohr expressed concerns about the City, not the School District, bearing costs
related to school crossing guards. He suggested allowing a one-year agreement and putting
the School District on notice to assume costs.
A motion was made by Bohr, second Dwyer to approve and authorize the Mayor and City Clerk
to negotiate a one year "Agreement Between the City of Huntington Beach and All City
Management Services, Inc. for Crossing Guard Services" beginning on August 30, 2010, as
amended to negotiate a one-year agreement, and put the School District on notice to
assume future costs. The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
Council/RDA/PFA Minutes
August 2, 2010
Page 13 of 17
14. Adopted Resolution No. 2010-56 adopting Capital Improvement Programs (CIP) for the
years 2010/2011 through 2016/2017 for compliance with Measure M and Proposition 111
requirements
A motion was made by Hansen, second Coerper to adopt Resolution No. 2010-56, "A
Resolution of the City Council of the City of Huntington Beach Adopting Capital Improvement
Programs for the Years 2010/2011 through 2016/2017 for Compliance with Measure M and
Proposition 111 Requirements." The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
15. Adopted Resolution No. 2010-55 informing the Orange County Transportation Authority
(OCTA) that the Circulation Element for the City of Huntington Beach is in conformance with the
Master Plan of Arterial Highways (MPAH), allowing the City to qualify for participation in the
Combined Transportation Funding Programs (CTFP)
A motion was made by Hansen, second Coerper to adopt Resolution No. 2010-55, "A
Resolution of the City Council of the City of Huntington Beach Declaring that Status of the
Circulation Element for the City of Huntington Beach." The motion carried by the following roll
call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
16. Approved an Intergovernmental Service Agreement with the City of Costa Mesa for Jail
Services
A motion was made by Hansen, second Coerper to approve and authorize the Mayor and City
to execute the "Intergovernmental Service Agreement Between the City of Huntington Beach
and the City of Costa Mesa for Detention at Huntington Beach Police Department of Detainees
Held in Custody by the Costa Mesa Police Department' for booking and detention services. The
motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
PUBLIC HEARING
17. Approved the 2010-2015 Housing and Urban Development (HUD) Consolidated Plan; the
2010/11 HUD Action Plan for the Community Development Block Grant (CDBG)/HOME
Investment Partnership Program (HOME); and, authorized the City Administrator to sign for
federal assistance funds as amended
Sidney Stone, Project Manager, provided a PowerPoint entitled Consolidated Plan 2010-2015
and Action Plan 2010-11, Community Development Block Grant and HOME Program, with titled
slides: Action Items, CDBG Category Allocations, Recommendations (Public Services),
Recommendations (Public Improvements), 2010111 Allocation, and Next Steps.
Council/RDA/PFA Minutes
August 2, 2010
Page 14 of 17
Councilmember Dwyer and staff discussed the actual percentage for Fair Housing Council
Administration.
Mayor Green opened the public hearing.
City Clerk Joan Flynn read into the record receipt of the following late communications:
PowerPoint communication submitted for Public Hearing Item No. 17 by Stanley Smalewitz,
Director of Economic Development, dated August 2, 2010, entitled Consolidated Plan 2010-
2015 and Action Plan 2010-11, Community Development Block Grant and HOME Program.
Communication submitted on Public Hearing Item No. 17 by Robert Dettloff, Vice Chair,
Resource Development of the Project Self Sufficiency Foundation, dated July 31, 2010, entitled
PSSF letter to City Council.
With no one present to speak on the item, Mayor Green closed the public hearing.
A motion was made by Bohr, second Hardy to approve the City of Huntington Beach 2010-2015
Housing and Urban Development (HUD) Consolidated Plan; and, approve the 2010/11 HUD
Action Plan for the Community Development Block Grant (CDBG)/HOME Investment
Partnership Program (HOME); and, authorize the City Administrator to sign for federal
assistance of $1,481,423 in CDBG and $822,743 in HOME Funds for the 2010/11 grant year
and any other necessary documents to receive the funds, as amended to designate unspent
funds in the 15% public service would be offered to the American Family Housing
Homeless Program. The motion carried by the following roll call vote:
AYES: Carchio, Hansen, Dwyer, Bohr, Green, Hardy, and Coerper
NOES: None
18. Approved for introduction Ordinance No. 3888 adding Municipal Code Section 8.43
regarding costs of emergency response; and, Adopted Resolution No. 2010-57 establishing
fees
Fire Chief Patrick McIntosh presented a PowerPoint entitled Fire Department Cost Recovery,
with titled slides: Cost Recovery Basics, Cost Recovery Revenue, Cost Recovery Overview,
and Staff Recommended Action.
Councilmember Coerper and staff discussed insurance coverage for operating a motor vehicle,
and the number of Orange County cities who participate in the program.
Councilmember Carchio expressed concerns about being underinsured, and staff explained
that the rates proposed are consistent with what the industry pays or associated types of service
calls.
Mayor Green opened the public hearing.
City Clerk Joan Flynn read into the record receipt of the following late communication:
PowerPoint communication submitted for Public Hearing Item No. 18 by the Fire Department
dated August 2, 2010, and entitled Fire Department Cost Recovery.
Council/RDA/PFA Minutes
August 2, 2010
Page 15 of 17
With no one present to speak on the item, Mayor Green closed the public hearing.
A motion was made by Coerper, second Carchio to after the City Clerk reads by title, approve
for introduction Ordinance No. 3888, "An Ordinance of the City of Huntington Beach Adding
Chapter 8.43 of the Municipal Code Relating to Costs of Emergency Response;" and, after
conducting a public hearing adopt Resolution No. 2010 - 57, "A Resolution of the City Council of
the City of Huntington Beach Setting the Cost of Emergency Response for Motor Vehicle
Incident and Hazardous Materials, Including Pipeline and Power Line Incidents, Rates to be
Charged by the Fire Department of the City of Huntington Beach."
Councilmember Dwyer thanked Chief McIntosh for breaking down the costs, but voiced his
opposition to the proposal.
Councilmember Hansen and Chief McIntosh discussed how the fee schedule was created.
Councilmember Coerper and Chief McIntosh discussed the citation process for City visitors
responsible for causing a traffic accident.
Mayor Green offered support for the proposal.
The motion carried by the following roll call vote:
AYES: Carchio, Hansen, Bohr, Green, Hardy, and Coerper
NOES: Dwyer
ADMINISTRATIVE ITEMS
19. Authorized the preparation of all documents required for application to the Orange County
Local Agency Formation Commission (LAFCO) for annexation of the unincorporated County of
Orange community of Sunset Beach
City Administrator Wilson offered background on the item. Deputy City Administrator
Paul Emery provided a PowerPoint presentation entitled Sunset Beach Annexation, with titled
slides: Why Change the Status Quo?, Implications of Annexing Sunset Beach, Annexation
Revenue Expenditure, Public Service/infrastructure Impacts, Summary, Peer Review
Assessment of City Annexation Study, Sunset Beach Community Association is Concerned with
a Number of Issues, Annexation Benefits to Sunset Beach, Sunset Beach Commissioned
Incorporation Report, Key Incorporation Issues (Continued), and Peer Review Assessment of
Incorporation.
John Goss of Ralph Anderson and Associates continued the presentation with the following
titled slides: Sunset Beach. Incorporation - Application of Peer Review to the Preliminary
Feasibility Analysis, Peer Review Implications, Peer Fiscal Review (in addition to the Peer
Review Conclusion), Other Fiscal Impacts, Conclusions, Annexation Process, Timeline, and
Questions.
Councilmember Bohr discussed the events behind the proposal, and his views on why
annexation makes sense. He spoke of surrounding development, revenue generators, the
Local Coastal Program (LCP), parking meters, utility user's tax, water service, efficiencies
versus emotions, and misinformation.
Council/RDA/PFA Minutes
August 2, 2010
Page 16 of 17
LAFCO representative Joyce Crosswaithe responded to questions related to cost of the
feasibility study, LAFCO's authority to place Sunset Beach within the Huntington Beach Sphere
of Influence, and how the request was not initiated by the City.
Councilmember Coerper and Ms. Crosswaithe discussed a meeting that took place between
LAFCO, Sunset Beach residents, and the City to clarify the incorporation process, which is
currently four months behind schedule.
Councilmember Coerper and staff discussed the number of Fire, Police and Marine Safety
service calls annually, and what will be needed if annexation takes place.
Councilmember Dwyer and Ms. Crosswaithe discussed annexation upon Sunset Beach's failure
to incorporate, special election process, availability of staff resources, and the planning process.
Mayor Pro Tern Hardy and Ms. Crosswaithe discussed the applicant's failure to submit funds
required for a feasibility study causing a four -month delay.
Council and Orange County Supervisor John Moorlach discussed avenues for placing
measures on the November 2, 2010 ballot.
Mayor Pro Tern Hardy expressed opposition to annexation since she does not represent Sunset
Beach residents, and her support for their right to incorporate.
Councilmember Hansen and Ms. Crosswaithe discussed LAFCO's experience with Economic &
Planning Systems, Inc., (EPS). Councilmember Hansen described Sunset Beach as a unique
community, and offered support for annexation.
A motion was made by Bohr, second Hansen to direct staff to prepare all the necessary
documents required for application to the Orange County Local Agency Formation Commission
for annexation of the unincorporated County of Orange community of Sunset Beach, amended
to give staff authorization to provide proactive outreach to educate facts of the study and
create a subcommittee similar to the Southeast HB subcommittee with three Council
liaisons to begin a dialogue with Sunset Beach leadership to address their concerns.
Councilmember Carchio and Ms. Crosswaithe discussed cost estimates for peer review.
Discussion ensued on recommendations proposed by Sunset Beach residents in relation to
their unique identity, parking and future governance.
Supervisor Moorlach discussed the County's standing policy to annex islands in the County.
Mayor Green questioned costs the City would incur to hold a special election, if needed. She
also suggested the City allow residents to pursue incorporation while the City prepares for
annexation, a "dual track" of sorts in support of Sunset Beach community residents.
The motion carried by the following roll call vote:
AYES: Carchio, Hansen, Dwyer, Bohr, and Coerper
NOES: Green, and Hardy
Council/RDA/PFA Minutes
August 2, 2010
Page 17of17
ORDINANCES FOR INTRODUCTION
20. Approved for introduction Ordinance No. 3887 adding Huntington Beach Municipal Code
Section 1.08.115 regarding use of the official City seal
A motion was made by Coerper, second Hardy to after the City Clerk reads by title, approve for
introduction Ordinance No. 3887, "An Ordinance of the City of Huntington Beach Amending
Chapter 1.08 of the Huntington Beach Municipal Code Relating to the Official Seal." The motion
carried by the following roll call vote:
AYES: Carchio, Hansen, Dwyer, Bohr, Green, Hardy, and Coerper
NOES: None
21. Approved for introduction Ordinance No. 3889 amending Chapter 3.44 of the Huntington
Beach Municipal Code (HBMC) relating to Pipeline Franchises
A motion was made by Carchio, second Coerper to after the City Clerk reads by title, approve
for introduction Ordinance No. 3889, "An Ordinance of the City of Huntington Beach Amending
Chapter 3.44 of the Huntington Beach Municipal Code Relating to Pipeline Franchises." The
motion carried by the following roll call vote:
AYES: Carchio, Hansen, Dwyer, Bohr, Green, Hardy, and Coerper
NOES: None
COUNCILMEMBER ITEMS
Comments provided by Councilmembers Carchio, Green and Hardy.
ADJOURNMENT - 10:50 - August 5, 2010 @ 4:00 PM
At 10:50 PM, Mayor Green adjourned the meeting in the name of Staff Sgt. Kyle Warren of
Huntington Beach who was killed by an IED in Afghanistan to a special meeting on August 5,
2010 at 4:00 PM in the Council Chambers.
The next regularly scheduled meeting of the Huntington Beach City Council will be held on
Monday, August 16, 2010 at 4:00 PM, Civic Center, 2000 Mala Street; Hunting on a h.
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