HomeMy WebLinkAbout2010-12-06Minutes
City Council/Redevelopment Agency/Public Financing Authority
City of Huntington Beach
Monday, December 6, 2010
4:00 PM - Room B-8
6:00 PM - Council Chambers
Civic.Center, 2000 Main Street
Huntington Beach, California 92648
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/governmentla-gendas/
4:00 PM — ROOM B-8
Due to a lack of quorum, the City Clerk recessed the 4:00 PM portion of the meeting to 5:00 PM
in. the City Council Chambers.
5:00 PM - Council Chambers
CALL TO ORDER - 5:01 PM
ROLL CALL
Present: Carchio, Coerper (arrived at 5:05 PM), Hardy, Green, Bohr, Dwyer,
and Hansen
Absent: None
ANNOUNCEMENT OF COMMUNICATIONS RECEIVED AFTER AGENDA DISTRIBUTION
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced receipt of the
following communication:
Communication submitted by Bijan Sassounian, Beach Promenade LLC dated. December 3,
2010 regarding Closed Session Item No. 3 (disposition of the frontage road adjacent to Beach
Boulevard south of Atlanta Avenue).
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit)
Bill Holman, representing Beach Promenade LLC, spoke regarding a written communication
submitted to Council requesting that the City provide Beach Promenade LLC (buyer acquiring
frontage road at Beach Boulevard and Atlanta Avenue), with a credit equal to the buyer's initial
payment of $50,000 required at close of escrow to cure the seller's title issues (relocation of
Southern California Gas Company pipeline and mitigation of potential methane issues related to
two previously -abandoned oil and gas wells).
Council/RDA/PFA Minutes
December 6, 2010
Page 2 of 10
RECESS TO CLOSED SESSION
A motion was made by Bohr, second Hansen to recess at 5:05 PM to Closed Session. The
motion carried by the following roll call vote:
AYES: Carchio, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
OUT OF ROOM: Coerper
CLOSED SESSION
1. Pursuant to Government Code § 54956.9, the City Council recessed into closed session to .
confer with the City Attorney regarding the following lawsuit: Scott v. City of Huntington Beach,
Orange County Superior Court Case No. 30-2009 00326760. In this case, Plaintiff, AmberScott,
claims damages from the City as a result of her alleged trip and fall on an uneven sidewalk on
Crest Street.
2. Pursuant to Government Code § 54956.9, the City Council recessed into closed session to
confer with the City Attorney regarding the following lawsuits and potential lawsuits: City of
Huntington Beach v. Hayes, et al., Orange County Superior Court Case No. 2008-00073768;
City of Huntington Beach v. Martin, et al., Orange County Superior Court Case No. 30-2009-
00333445; to enforce the Affordable Housing Covenant at Brisas del Mar, located at 409 E.
Utica.
3. 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 Bijan Sassounian for the disposition of the
frontage road adjacent to Beach Boulevard south of Atlanta Avenue.
6:00 PM - COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY
MEETING - 6:00 PM
CLOSED SESSION REPORT BY CITY ATTORNEY - None.
ROLL CALL
Present: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
Absent: None
PLEDGE OF ALLEGIANCE - Led by the First Battalion 558 Infantry Explorer Post, Boy Scouts
of America
INVOCATION - Provided by Reverend Peggy Price, Huntington Beach Interfaith Council
ANNOUNCEMENT OF COMMUNICATIONS RECEIVED AFTER AGENDA DISTRIBUTION
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced receipt of the
following communications:
CounciURDA/PFA Minutes
December 6, 2010
Page 3 of 10
Communication received for Consent Calendar Item No. 2 from Bijan Sassounian of Beach
Promenade, LLC, dated December 3, 2010, entitled Purchase Agreement for Acquisition of
Frontage Road at Beach Boulevard and Atlanta Avenue Proposed Credit for Buyer's Costs
Incurred to Cure Seller's Title Issues.
Communication for Public Hearing Item No. 7 received from Mike Adams or Michael C. Adams
Associates, dated December 3, 2010, entitled Pierside Pavilion Carts and Kiosks Appeal.
Communication for City Clerk's Report Item No. 10 received by Joan L. Flynn, Elections Official,
dated November 29, 2010, the Certified Statement of the Votes Cast at the General Election
November 2, 2010 from Neal Kelley, Orange County Registrar of Voters.
PUBLIC COMMENTS (Three -minute time limit)
(The number (hh:mm:ss) following the speakers' comments indicates their approximate starting
time in the archived video located at http://www.surfcity-hb.org/government/agendas/)
Mike Van Voorhis, Vice -President of the Sunset Beach Community Association and Chairman
of the Sunset Beach Transition Committee on Annexation, spoke in support of Consent
Calendar Item No. 5 (Resolution No. 2010-100 Sunset Beach Annexation to the City of
Huntington Beach). In closing, he congratulated the new Mayor and City Councilmembers.
(00:06:24)
Stephani Deagle, Chairperson for the 2011 Relay For Life" event which benefits the American
Cancer Society, thanked the City Council for their continuing support. She noted that free
information regarding cancer is available at 1-800-234-2345. In closing, she announced the
2011 Relay For Life kickoff event that occurs on January 28, 2011, from 6:00 pm until 9:00 pm
at the new Endless Food and Fun Center located at the corner of Edinger and Gothard.
(00:07:48)
Mickey Totten, a Huntington Beach resident, thanked the City Council on behalf of Local 12 of
the Orange County Building Trade Council for their commitment to Huntington Beach's working
families. (00:09:39)
Tom Burke, a Sunset Beach resident and member of the Sunset Beach Local Coastal Plan
Advisory Board, spoke in support of Consent Calendar Item No. 5 (Resolution No. 2010-100
Sunset Beach Annexation to the City of Huntington Beach) and congratulated the City Council
for their demeanor and conduct during the negotiations. In closing, he congratulated the new
Mayor and City Councilmembers. (00:10:15)
Phil Burtis, a 35-year Huntington Beach resident speaking on behalf of Huntington Beach
residents in general, thanked Mayor Green for her years of dedication and service. In closing,
he also expressed the residents' gratitude, respect and thanks for the service of all City
Councilmembers. (00:11:25)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234
DISCLOSURE REPORTING
Mayor Pro Tern Hardy reported participating in the Light -a -Light -of -Love holiday parade down
Main Street on the evening of Sunday, December 5, 2010.
Council/RDA/PFA Minutes
December 6, 2010
Page 4 of 10
Mayor Green announced that the Marine 3/1 Battalion arrived home. Mayor Green reported that
she and Councilmember Coerper attended the SCAG Luncheon, that she spoke to a Fifth
Grade class at Circle View Elementary School regarding water, and that she attended an Eagle
Scout of Honor ceremony. Mayor Green reported that she and Councilmember Carchio met with
a Chinese Delegation that was reviewing the Huntington Beach Disaster and Emergency
Operations Center, and that she and several other Councilmembers attended the Manufacturers
Housing Educational Trust (MHET) Holiday Breakfast. She also reported attending the
downtown Christmas tree lighting and Light -a -Light -of -Love pier lighting events.
Councilmember Bohr submitted a written report that will be made available in the City Clerk's
Office.
CONSENT CALENDAR -
1. Approved and adopted minutes.
A motion was made by Coerper, second Hansen to approve and adopt the minutes of the City
Council/Redevelopment Agency/Public Financing Authority regular meeting of November 15,
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
2. Adopted Resolution No. 2010-98 declaring disposition of certain surplus property; and,
approved and authorized execution of a Purchase Agreement between the City and Beach
Promenade LLC for the purchase of property referred to as the Beach/Atlanta Frontage Road
Consent Calendar Item No. 2 was pulled for separate consideration by Councilmember Hansen.
Councilmember Hansen stated his proposed amendment to Resolution No. 2010-98.
A motion was made by Hansen, second Bohr to approve and authorize the Mayor and City
Clerk to execute the "Purchase Agreement By and Among the City of Huntington Beach, a
Municipal Corporation, and Beach Promenade LLC, a California Limited Liability Company," for
the purchase of property commonly referred to as the Beach Atlanta Frontage Road, amended
by Councilmember Hansen as stated "where the buyer is responsible for paying all of the
escrow fees and that the City will defer an initial payment of the $50,000, less the city's
portion of the escrow fees, to not more than 120 days after the issuance of the certificate
of occupancy for parcel #1; " and, authorize the City Administrator or his designee to execute
any other related escrow documents; and, adopt Resolution No. 2010-98, "A Resolution of the
City Council of the City of Huntington Beach Declaring the Disposition of Certain Surplus
Property." The motion carried by the following roll call vote:
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
3. Approved Amendment No. 1 to Professional Services Contract between the Redevelopment
Agency of the City of Huntington Beach and Kane, Ballmer & Berkman for Legal Services
Council/RDA/PFA Minutes
December 6, 2010
Page 5 of 10
A motion was made by Coerper, second Hansen to approve and authorize the Chair and
Agency Clerk to execute "Amendment No. 1 to Professional Services Contract Between the
Redevelopment Agency of the City of Huntington Beach and Kane, Ballmer & Berkman for
Legal Services." The motion carried by the following roll call vote:
AYES: Dwyer, Bohr, Green, Hardy, Coerper, Carchio, and Hansen
NOES: None
4. Approved appointments made by Councilmembers Joe Carchio and Gil Coerper, City Council
Liaisons to the Children's Needs Task Force, of the appointments of Eric Newfield, Tianne
Nguyen, Monica Smallshaw and Dr. Phyllis Lembke, and the reappointment of Craig Bartlett
A motion was made by Coerper, second Hansen to approve the appointments of Eric Newfield,
Tianne Nguyen and Monica Shallshaw to the Children's Needs Task Force as youth
representatives with their term to expire June 30, 2011; and, reappoint Craig Bartlett to the
Children's Needs Task Force as a youth representative with his term to expire June 30, 2011;
and, approve the appointment of Dr. Phyllis Lembke to the Children's Needs Task Force to fill
an at -large vacancy with the term expiration of August 30, 2011. The motion carried by the
following roll call vote:
AYES: Dwyer, Bohr, Green, Hardy, Coerper, Carchio, and Hansen
NOES: None
5. Adopted Resolution No. 2010-100, making application to and requesting the Local Agency
Formation Commission of Orange County to take proceedings pursuant to the Cortese -Knox -
Hertzberg Local Government Reorganization Act of 2000 for the City of Huntington Beach to
annex approximately 134 acres of property within its sphere of influence, and filed Annexation
No. IA 10-05 (Sunset Beach Annnexation to the City of Huntington Beach)
A motion was made by Coerper, second Hansen to adopt Resolution No. 2010-100, "A
Resolution of the City Council of the City of Huntington Beach, Making Application to and
Requesting the Local Agency Formation Commission of Orange County to Take Proceedings
Pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 for the
City of Huntington Beach to Annex Approximately 134 Acres of Property Within its Sphere of
Influence, and File Annexation No. IA 10-05 (Sunset Beach Annexation to the City of Huntington
Beach)." The motion carried by the following roll call vote:
AYES: Dwyer, Bohr, Green, Hardy, Coerper, Carchio, and Hansen .
NOES: None
6. Adopted Resolution No. 2010-99 regarding military leave compensation and benefits for City
employees called to active duty with the armed forces
Councilmember Coerper stated his appreciation for the support of Resolution. No. 2010-99 by
the City Council, City Administrator, and all Department Heads.
A motion was made by Coerper, second Hansen to adopt Resolution No. 2010-99, "A
Resolution of the City Council of the City of Huntington Beach Providing for Temporary Partially
Paid Military Leave of Absence and Continuation of Benefits for City Employees Called to Active
Duty with the Armed Forces." The motion carried by the following roll call vote:
CounciURDA/PFA Minutes
December 6, 2010
Page 6 of 10
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, and Hansen
NOES: None
PUBLIC HEARING
(The number (hh:mm:ss) following the speaker's comments indicates their approximate starting
time in the archived video located at http://www.surfcity-hb.org/government/agendas/)
7. Approved Conditional Use Permit No. 10-017 (Appeal of Planning Commission's Approval -
Pierside Pavillion Carts) CONTINUED FROM THE NOVEMBER 15, 2010 MEETING
Ethan Edwards, Principal Planner, provided a PowerPoint presentation entitled Pierside Pavilion
Carts dated November 15, 2010, with titled slides: Aerial Map, Conditional Use Permit, .Site
Plan - CUP No. 10-017, History, ZA Action & Appeal, ZA Approved Site Plan, PC Action &
Appeal, Comments, Analysis, and Staff Recommendation.
Mayor Pro Tern Hardy asked Ethan Edwards if the staff recommendation reflected all of the
suggestions from the various departments, and he responded that it did.
Mayor Green opened the public hearing.
City Clerk Flynn announced receipt of one late communication for the item.
Michael Adams, representing property owner Joe Daichent, stated his client's willingness to
comply with all regulations and his openness to make the project a success. (00:27:47)
Steve Stafford discussed the Planning Commission's straw votes on this item. He stated his
opposition to allowing carts on Main Street, citing the Police Department's concerns regarding
their potential interference with law enforcement activities, and stated his preference for the
Planning Commission's Recommendation. (00:31:00)
Blair Farley, representing the Planning Commission, discussed downtown traffic flow and noise
issues, and stated his support for the Planning Commission's recommended action. (00:32:24)
With no one else present to speak on the item, Mayor Green closed the public hearing.
Councilmembers Coerper and Bohr, Police Chief Ken Small, and Mr. Adams discussed the
Police Department's concerns regarding allowing carts on Main Street.
Mayor Pro Tem Hardy and Mr. Adams discussed various issues regarding allowing carts on
Main Street. Mayor Pro Tem. Hardy stated her opposition to allowing any carts on Main Street.
A motion was made by Hardy, second Coerper to approve Conditional Use Permit No. - 10-017
with findings and suggested conditions of approval, amended as zero carts on Main Street,
six carts on Pacific Coast Highway, and twelve carts within the plaza area.
Councilmember Carchio, Mr. Adams, and Police Chief Small discussed various issues
regarding allowing carts on Main Street.
A substitute motion was made by Bohr, second Hansen to approve Conditional Use Permit No. -
10-017 with findings and suggested conditions of approval, amended as four carts on Main
Council/RDA/PFA Minutes
December 6, 2010
Page 7 of 10
Street, six carts on Pacific Coast Highway, and eight carts within the plaza area, with the
Director of Planning and Building, staff, and a representative from the Police Department
to meet with the applicant to rind the best configuration/locations for the carts and a one
year review conducted by the Director of Planning and Building.
Councilmember Coerper stated his support for Mayor Pro Tern Hardy's proposed amendment.
Mayor Pro Tern Hardy stated her concern about the interminability of any decision to allow carts
on Main Street.
Councilmember Dwyer and staff discussed current sidewalk sales and clothing racks on
downtown streets.
Mayor Green and staff discussed staffs findings and conditions of approval.
The motion carried by the following roll call vote:
AYES: Dwyer, Bohr, Carchio, and Hansen
NOES: Green, Hardy, and Coerper
ORDINANCES FOR ADOPTION
8. Adopted Ordinance No. 3904 adding Chapter 17.14 to the Huntington Beach Municipal Code
(HBMC) relating to post disaster safety assessment placards Approved for introduction
November 15, 2010
City Administrator Wilson stated this is the final consideration of Ordinance No. 3904 introduced
at the Council Meeting of November 15, 2010.
A motion was made by Hardy, second Coerper to After the City Clerk reads by title, adopt
Ordinance No. 3904, "An ordinance of the City of Huntington Beach Adding Chapter 17.14 of
the Huntington Beach Municipal Code Relating to Safety Assessment Placards." The motion
carried by the following roll call vote:
AYES: Dwyer, Bohr, Green, Hardy, Coerper, Carchio, and Hansen
NOES: None
9. Adopted Ordinance No. 3905 amending Chapter 14.12 of the Huntington Beach Municipal
Code (HBMC) relating to fees, rates and deposits for water billing Approved for introduction
November 15, 2010
City. Administrator Wilson stated this is the final consideration of Ordinance No. 3905 introduced
at the Council Meeting of November 15, 2010.
A motion was made by Coerper, second Hardy to after the City Clerk reads by title, adopt
Ordinance No. 3905, "An Ordinance of the City of Huntington Beach Amending Chapter 14.12
of the Huntington Beach Municipal Code Relating to Water Billing." The motion carried by the
following roll call vote:
AYES: Dwyer, Bohr, Green, Hardy, Coerper, Carchio, and Hansen
NOES: None
Council/RDA/PFA Minutes
December 6, 2010
Page 8 of 10
AWARDS AND PRESENTATIONS
City 2010 Retrospect by Mayor Green
Comments by outgoing Council Gil Coerper.
Comments by outgoing Mayor Pro Tern Jill Hardy.
Presentations by Mayor Green.
Presentations by Mayor Pro Tern Hardy to outgoing Mayor Green.
Presentations by community members to Mayor Green and outgoing Councilmembers..
Debbie Cook, former Mayor, provided gifts to outgoing Councilmembers Gil Coerper, Jill Hardy,
and Mayor Cathy Green.
Connie Boardman, President of the Bolsa Chica Land Trust, provided a gift of appreciation
to outgoing Councilmember Jill Hardy.
Steve Engle, President of the Friends of Shipley Nature Center, thanked outgoing
Councilmembers Coerper, Hardy and Mayor Green.
An unnamed resident congratulated Cathy Green and offered words of appreciation and a
bouquet of flowers.
Karen Jackle, President of Huntington Beach Tomorrow, thanked outgoing Councilmembers for
their service, and read a proclamation honoring Mayor Pro Tern Jill Hardy.
Orange County Board Supervisor Chair Janet Nguyen expressed appreciation to outgoing
Councilmembers Coerper, Hardy and Mayor Green.
Former Mayor Dave Sullivan thanked outgoing Councilmembers Coerper, Hardy and Mayor
Green, and gave Councilmember Coerper a gift.
Councilmembers Bohr, Hansen, Carchio and Dwyer expressed thanks and well wishes to
outgoing Councilmembers Green, Hardy and Coerper.
CITY CLERK'S REPORT
10. Adopted Resolution No. 2010-92 Reciting the Facts of the General Municipal Election of
November 2, 2010 and Declaring Results.
A motion was made by Mayor Pro Tern Hardy, second Coerper to adopt Resolution No. 2010-
92, "A Resolution of the City Council of the City of Huntington Beach Reciting the Facts of the
General Municipal. Election held on November 2, 2010 Consolidated with the County of Orange
Declaring the Results and Such Other Matters as Provided by Law;" and, authorize the Mayor
and City Clerk to execute the "Certificate of Proceedings Had and Taken in.Adoption of Charter
Amendments by Electors of the City of Huntington Beach At a General Municipal Election Held
on November 2, 2010," and submit to the Secretary of State in accordance with California
Government Code Section 34460. The motion carried by the following roll call vote:
CounciVRDA/PFA Minutes
December 6, 2010
Page 9 of 10
AYES: Dwyer, Bohr, Green, Hardy, Coerper, Carchio, and Hansen
NOES: None
OATH OF OFFICE TO ELECTED AND RE-ELECTED COUNCILMEMBERS AND CITY
ATTORNEY
City Clerk administered the Oath of Office to the newly elected and re-elected officers as follows:
Members of the City Council: Joe Carchio, Connie Boardman, Matthew Harper and Joe Shaw
City Attorney: Jennifer McGrath
RECESS - RECEPTION IN MEETING ROOMS ADJACENT TO COUNCIL CHAMBERS — 8:30
PM
RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY
MEETING — 8:45 PM
CALL TO ORDER
ROLL CALL
Present: Boardman, Bohr, Carchio, Dwyer, Hansen, Harper, and Shaw
Absent: None
CONDUCT ELECTION OF MAYOR AND MAYOR PRO TEMPORE FOR ENSUING YEAR
City Clerk Flynn called for a motion to elect a new Mayor and Mayor Pro Tempore.
Councilmember Hansen discussed professional obligations in a poor economy that may inhibit
his ability to serve as Mayor in 2011.
A motion was made by Hansen to suspend Resolution 6320 that outlines Mayor Pro Tempore
appointment by seniority, and nominate Joe Carchio as Mayor, and Don Hansen as Mayor Pro
Tem.
Councilmember Boardman suggested that waiving Resolution No. 6320 was unnecessary.
City Clerk Flynn asked City Attorney McGrath to respond to Councilmember Hansen's
recommendation. City Attorney McGrath explained how Resolution 6320 guides selection of
Mayor Pro Tern and recommended it not be suspended.
A substitute motion was made by Shaw, second Boardman to elect Joe Carchio as Mayor, and
Don Hansen as. Mayor' Pro Tempore. The motion carried by the following roll call vote:
AYES: ` Boardman, Bohr, Carchio, Dwyer, Hansen, Harper, and Shaw
NOES: None
Council/RDA/PFA Minutes
December 6, 2010
Page 10 of 10
OATH OF OFFICE TO NEW MAYOR
City Clerk Flynn administered Oath of Office to Mayor Carchio.
OATH OF OFFICE TO NEW MAYOR PRO TEMPORE
City Clerk Flynn administered Oath of Office to Mayor Pro Tempore Hansen.
COUNCILMEMBER COMMENTS (Not Agendized)
Mayor Carchio thanked everyone for their support and welcomed City Councilmembers
Boardman, Harper, and Shaw.
Councilmember Boardman thanked her supporters and those who voted for her, and
announced the passing of her father on December 8, 2010.
Councilmember Harper thanked the voters of Huntington Beach, his family members, and his
various supporters.
Councilmember Shaw thanked the voters of Huntington Beach, all of his supporters, and the
citizens of Huntington Beach for their hospitality.
Mayor Pro Tern Hansen stated he was looking forward to serving with the newly elected City
Council.
City Attorney McGrath thanked her family, friends, and her supporters in the community.
City Treasurer Freidenrich congratulated the entire City Council.
Councilmember Bohr welcomed City Councilmembers Boardman, Harper, and Shaw.
ADJOURNMENT
At 9:07 PM, Mayor Carchio adjourned the meeting to Monday, December 20, 2010, at 4:00 PM
in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City CI and ex-officlo Cler he City
Council f the City of HuntingtoK Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
4'a'.)
City Clerk- rk