HomeMy WebLinkAbout2011-02-22Minutes
City Council/Redevelopment Agency/Public Financing Authority
City of Huntington Beach
Tuesday, February 22, 2011
5:00 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/governmentlagendas/
5:30 PM — CITY COUNCIL CHAMBERS
CALL TO ORDER - 5:30 PM
ROLL CALL - (Councilmember Devin Dwyer was granted permission to be absent pursuant to
Resolution No. 2001-54)
Present: Shaw, Harper, Hansen, Carchio, Bohr, and Boardman
Absent: Dwyer
ANNOUNCEMENT OF COMMUNICATIONS RECEIVED AFTER AGENDA DISTRIBUTION
City Clerk Flynn announced there were no Late Communications.
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) -
None
RECESS TO CLOSED SESSION
A motion was made by Hansen, second Carchio to recess to Closed Session. The motion
carried by the following roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
Council/RDA/PFA Minutes
February 22, 2011
Page 2 of 13
CLOSED SESSION
1. Pursuant to Government Code Section 54956.9, the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Parks Legal Defense
Fund v. The City of Huntington Beach; Orange County Superior Court Case No. 30-2008-
00051261. This action arises out of allegations of violations of the California Environmental
Quality Act ("CEQA"), violations of the City General Plan and the Quimby Act.
2. Pursuant to Government Code Section 54956.9, the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Huntington Beach
Neighbors v. The City of Huntington Beach, et al.; Orange County Superior Court Case No. 30-
2009 00325686. This action arises out of allegations of violations of the California
Environmental Quality Act ("CEQA").
3. Pursuant to Government Code Section 54957.6, the City Council recessed to Closed Session
to meet with its designated labor negotiators: Fred Wilson, City Manager; Paul Emery, Deputy
City Manager; Bob Hall, Deputy City Manager; Michele Carr, Director of Human Resources; and
Lori Ann Farrell, Director of Finance, regarding labor negotiations with all labor groups except
Non -Associated.
6:00 PM - COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY
MEETING — 6:22 PM
ROLL CALL (Councilmember Devin Dwyer was granted permission to be absent pursuant to
Resolution No. 2001-54)
Present: Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
Absent: Dwyer
PLEDGE OF ALLEGIANCE - Led by Cub Scout Pack 435, Den 2
INVOCATION — Led by Reverend Susanna Blair, Sangha Center for Spiritual Living
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any
faith or belief. Neither the City nor the City Council endorses any particular religious belief or
form of invocation.
AWARDS AND PRESENTATIONS
Presentation - Mayor Carchio called on Jean Nagy from the Huntington Beach Tree Society to
receive a proclamation in honor of Arbor Week, March 7-14, 2011.
Council/RDA/PFA Minutes
February 22, 2011
Page 3 of 13
Presentation - Mayor Carchio called on Jeff Winemeyer, All Green Electronics Recycling, and
Public Works Senior Analyst Debra Jubinsky, to present a check in the amount of $1,677 to
Stephanie Beverage, Director of Library Services, for money raised at a recent electronic
recycling event held in the Central Library parking lot. Director Beverage explained that the
funds will be donated to "Friends of the Library" group to use on behalf of the library, and called
on President Dolores MacGuire who thanked the City for the generous donation.
Mayor's Award - Mayor Carchio called on Planning and Building Director Scott Hess to present
the Mayor's Award to Senior Permit Technician Jasmine Daley. Director Hess discussed
Jasmine's superior customer service and dedication in processing a large volume of building
permits.
CLOSED SESSION REPORT BY CITY ATTORNEY
Pursuant to Government Code Section 54956.9, the City Council met in Closed Session to
confer with the City Attorney regarding the following lawsuit: Parks Legal Defense Fund v. The
City of Huntington Beach; Orange County Superior Court Case No. 30-2008-00051261.
City Attorney McGrath reported that by a vote of 6-0-1 (Councilmember Dwyer Absent) the
Council authorized the settlement of the Attorney's Fees portion of Orange County Superior
Court Case No. 30-2008-00051261 in the amount of $465,000.
ANNOUNCEMENT OF COMMUNICATIONS RECEIVED AFTER AGENDA DISTRIBUTION
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced receipt of
communications.received following distribution of the agenda packet.
Communication received from Karen Jackle, President of Huntington Beach Tomorrow, dated
February 16, 2011, and entitled OCTA Grant Application for 3 locations, dated February 22,
2011, for Agenda Item No. 4.
Communication received from Scott Field, President of the Management Employees
Organization, dated February 22, 2011, and entitled Resolution on February 22, 2011 Agenda
Amending MOU Between City and MEA Regarding Layoff Procedures, for Agenda Item No. 10.
Communication submitted by Kim Kramer of the HBDRA, dated February 18, 2011, and entitled
"Regarding Agenda Item #17," regarding Agenda Item No. 17.
Communication submitted by Karen Jackle, President of Huntington Beach Tomorrow, dated
February 17, 2011, and entitled "Agenda Item 17, Issue 2, Conditional Use Permits for Serving
Alcohol' regarding Agenda Item No. 17.
Council/RDA/PFA Minutes
February 22, 2011
Page 4 of 13
PUBLIC COMMENTS (3 Minute Time Limit)
(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/).
Flossie Horgan, Executive Director of the Bolsa Chica Land Trust, announced a meeting
regarding the Community -Promoted Restoration Project for the Bolsa Chica Mesa to be held at
the Huntington Beach Central Library beginning at 7:00 PM on Thursday, March 10. For further
details visit their website at bolsachicalandtrust.org. (00:17:50)
Jack Apodaca spoke in opposition to the use of municipal bonds for a planned redevelopment
project (potentially apartment buildings) at Charter Center where Bally's Gym currently resides.
(00:19:00)
Peter Comiskey, representing the Museo Museum in Anaheim, described the Orange County
"Green Impacts Trash Artists Challenge" program that encourages school children (Grades 3
and up) to create artwork from trash, and to enter their creations into a county -wide contest. He
displayed the program's poster and requested that the Council support the program in the
Huntington Beach School System. (00:21:40)
Vic Lucero, a Huntington Beach resident representing Real Good Solar, spoke regarding their
sponsorship of the "Green Impacts Trash Artists Challenge" in Huntington Beach schools, and
their future fund-raising program that will donate $500 to the Huntington Beach School System
for every solar system sold and installed in Huntington Beach. (00:23:58)
Jeff Coffman, a Huntington Beach resident and business owner, spoke in support of an
ordinance banning the use of plastic grocery bags in Huntington Beach, and described his
company's collection device that removes targeted pollutants from water, and asked the Council
to consider its use in the future. (00:25:00)
Former Mayor Don Mac Allister, a long-term Huntington Beach resident and Chairman of the
Board of the Surfing Walk of Fame, spoke in support of rapid approval of the Huntington Beach
Skate Park in the location recommended by staff, and Economic Development Director
Smalewitz reported the current status of the Skate Park project. (00:28:20)
Peter Townend, a Huntington Beach resident for over 40 years, stated his disappointment with
what he perceives as a lack of urgency by the Council regarding the new Huntington Beach
Skate Park, noting that it has been approximately three years since the decision was made to
tear down the previous one. He reported the passing on February 14 of former (1981-1988)
Huntington Beach High School surfing instructor and National Scholastic Surfing Association co-
founder Chuck Allen. (00:31:20)
Scott Field, President of the Management Employees Organization (MEO), spoke in opposition
to Agenda Item No. 10 — Side -Letter Agreement amending Municipal Employees' Association
Council/RDA/PFA Minutes
February 22, 2011
Page 5 of 13,
Layoff Procedures. He rendered MEO's opinion that the amendment was a profoundly unfair
provision that significantly alters long established layoff "bumping down" practices. (00:33:40)
Joey Lopez, a Professional Skateboarding Instructor and Orange County Skateboarding League
Coach, spoke in support of a Huntington Beach Skate Park. (00:37:53)
Shane Porter, a 22-year Huntington Beach resident, spoke in support of a Huntington Beach
Skate Park, citing the healthful effects of physical exercise, especially for children. (00:38:45)
Travis McDowell, a 10-year Huntington Beach resident, spoke in support of a Huntington Beach
Skate Park, and rendered his opinion that it would be a step in the right direction because
Huntington Beach is home to perhaps hundreds of professional skateboarders. (00:39:38)
Zack Crater, a lifetime Huntington Beach resident and skateboarding enthusiast, spoke in
support of a Huntington Beach Skate Park, citing the absence of a facility where citizens
(especially children) can legally skateboard. (00:40:55)
Michael Galvin spoke in support of a Huntington Beach Skate Park, rendering his opinion that
the skateboarding population of Huntington Beach probably rivals its surfing population, and
emphasized the importance of a facility where residents can legally skateboard. (00:42:02)
Mike Cestr, a lifetime Huntington Beach resident and skateboarding enthusiast; spoke in
support of a Huntington Beach Skate Park, suggesting that the location near Bella Terra would
be ideal and it might help generate much needed revenue for the city. (00:43:33)
Eric Groff, a resident of Huntington Beach for over 40 years and a skateboarder since 1964,
spoke in support of a Huntington Beach Skate Park, emphasizing the need for a "World Class"
facility, and suggested that the location near Bella Terra would be ideal. (00:44:40)
John Domingue (aka "Lucky John"), a touring professional street performer, spoke in opposition
to Agenda Item No. 16 - Ordinance No. 3912 Relating to Street Performers. He rendered his
opinion that the proposed rules and regulations might be deemed unconstitutional. (00:46:55)
Gary Sahagen, representing the International Surfing Museum, spoke in support of a Huntington
Beach Skate Park, noting that learning how to skateboard is often the precursor to learning how
to surf, and emphasized the need for multiple, multi -genre "World Class" facilities. (00:50:25)
Marty Jimenez, a 30-year Huntington Beach resident and former professional skateboarder,
spoke in support of a Huntington. Beach Skate Park, and urged the Council to take action given
that (in his opinion) an ideal location and external funding were currently available. (00:52:55)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234
DISCLOSURE REPORTING
Counci /RDA/PFA Minutes
February 22, 2611
Page 6 of 13
Mayor Pro Tern Hansen reported attending the Kickoff Event of the Orange County Association
of California Cities.
Mayor Carchio reported attending the Kickoff Event of the Orange County Association of
California Cities, the State of the County Luncheon, and Boot Camp for Elected Officials.
Councilmember Harper reported attending the State of the County Luncheon, and the Orange
County Association of California Cities Inaugural Reception and Ribbon Cutting.
Councilmember Bohr submitted a written report that will be made available in the City Clerk's
Office.
CITY MANAGER'S REPORT
City Manager Wilson reported that on January 28 at the Huntington Library, the Council
completed its Strategic Planning Session that created 30 action items in the four key areas of
financial viability, infrastructure, public safety, and economic development.
Finance Director Farrell provided a PowerPoint presentation entitled City Council Budget
Update February 22, 2011.
CONSENT CALENDAR
1. Approved and adopted minutes.
A motion was made by Hansen, second Bohr to approve and adopt the minutes of the City
Council/Redevelopment Agency/Public Financing Authority Regular Meeting of February 7,
2011 as written and on file in the Office of the City Clerk. The motion carried by the following roll
call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
2. Received and Filed the City Attorney's Quarterly Report - 4th Qtr 2010.
A motion was made by Hansen, second Bohr to receive and file the City Attorney's Quarterly
Report for October 1, 2010 through December 31, 2010. The motion carried by the following roll
call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
Council/RDA/PFA Minutes
February 22, 2011
Page 7 of 13
3. Adopted Resolution No. 2011-09 to increase fees for City Jail Pay -to -Stay Commitment
Program.
A motion was made by Hansen, second Bohr to adopt Resolution No. 2011-09, "A Resolution of
the City of Huntington Beach Establishing an Applicant Processing Fee and a GPS Inmate
Tracking Fee Schedule for the Huntington Beach Police Department Jail Court Commitment
Program." The motion carried by the following roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
4. Adopted Resolution No. 2011-10 to approve the submittal of three improvement projects for
Grant Applications to the Orange County Transportation Authority (OCTA) for funding under the
Combined Transportation Funding Program (CTFP).
A motion was made by Hansen, second Bohr to adopt Resolution No. 2011-10, "A Resolution of
the City Council of the City of Huntington Beach Approving the Submittal of Three Improvement
Projects to the Orange County Transportation Authority for Funding Under the Comprehensive
Transportation Funding Program." The motion carried by the following roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
5. Approved and authorized execution of a Professional Services Contract between the City and
Biggs Cardosa Associates, Inc. in the amount of $613,657 for Bridge Design Services, CC-
1356.
A motion was made by Hansen, second Bohr to approve and authorize the Mayor and City
Clerk to execute "Professional Services Contract Between the City of Huntington Beach and
Biggs Cardosa Associates, Inc. For Bridge Design Services" in the amount of $613,657." The
motion carried by the following roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
Council/RDA/PFA Minutes
February 22, 2011
Page 8 of 13
6. Approved and authorized the Mayor and City Clerk to execute three professional services
contracts for as -needed architectural services in an amount not to exceed $300,000 per contract
over a three-year period to Michael Merino Architects, Black O'Dowd & Associates, dba BOA
Architecture, and M. Arthur Gensler, Jr. & Associates, Inc.
Consent Item No. 6 was pulled for separate consideration by Councilmember Bohr.
Councilmember Bohr, City Manager Wilson, and Public Works Director Travis Hopkins
discussed the rationale for, and the cost-effectiveness of awarding multi -year, competitive As -
Needed Architectural Services contracts for future major capital improvement projects (e.g. City
Hall Improvements, Newland Barn, Rodgers Senior Center, Murdy Community Center).
A motion was made by Hansen, second Bohr to approve and authorize the Mayor and City
Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and
Michael Merino Architects for As -Needed Architectural Services" not to exceed $300,000; and,
approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract
Between the City of Huntington Beach and Black O'Dowd & Associates, dba BOA Architecture
for As -Needed Architectural Services" not to exceed $300,000; and, approve and authorize the
Mayor and City Clerk to execute a "Professional Services Contract Between the City of
Huntington Beach and M. Arthur Gensler, Jr. & Associates, Inc. for As -Needed Architectural
Services" not to exceed $300,000. The motion carried by the following roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
7. Adopted Resolution No. 2011-08 temporarily setting the time of the Study Session portion of
the City Council meetings to 5:00 p.m. through May 2, 2011.
A motion was made by Hansen, second Bohr to adopt Resolution No. 2011-08, "A Resolution of
the City Council of the City of Huntington Beach Temporarily Changing the Time of City Council
Meetings." The motion carried by the following roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
8. Approved a request for proposal process to seek qualified vendors to construct and operate a
Pro Shop/Team Room at the Central Park Sports Complex, Phase II Area.
A motion was made by Hansen, second Bohr to approve a Request for Proposal (RFP) process
to seek qualified vendors to construct and operate a pro shop/team room within the Phase II
area of the Central Park Sports Complex; and, direct staff to proceed with constructing a 400 SF
Council/RDA/PFA Minutes
February 22, 2011
Page 9 of 13
team room as approved in the 2010/2011 Capital Improvement Project budget. The motion
carried by the following roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
9. Approved the transfer of the License Agreement between the City and Angella Voskanian
dba One Fine Blend to Subhash and Sushila Patel to operate a food concessionaire stand
located at the Central Library.
A motion was made by Hansen, second Bohr to approve the transfer of "Non -Exclusive License
Agreement Between the City of Huntington Beach and Angella Voskanian, A Sole Proprietor,
Doing Business as One Fine Blend" to Subhash and Sushila Patel for operation of a food
concessionaire stand located at the Central Library; and, delegate authority to. the City Manager
or his/her designee to execute any related documents. The motion carried by the following roll
call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
10. Adopted Resolution No. 2011-11 amending the Memorandum of Understanding (MOU)
between the City and the Municipal Employees' Association (MEA) by adopting a Side -Letter
Agreement regarding layoff procedures.
Consent Item No. 10 was pulled for separate consideration by Councilmember Boardman.
The Council and Director of Human Resources Michele Carr discussed the issues raised by
MEO President Field during the Public Comments period.
A motion was made by Boardman, second Bohr to adopt Resolution No. 2011-11, "A Resolution
of the City Council of the City of Huntington Beach Amending the Memorandum of
Understanding Between the City and the Municipal Employees' Association (MEA) by Adopting
the Side Letter of Agreement" regarding layoff procedures for MEA. The motion carried by the
following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, and Boardman
NOES: None
ABSENT: Dwyer
Council/RDA/PFA Minutes
February 22, 2011
Page 10 of 13
11. Approved a Request for Proposal (RFP) process to seek qualified vendors to construct and
operate a dog washing facility at Dog Beach.
Consent Item No. 11 was pulled for separate consideration by Councilmember Boardman.
The Council and staff discussed the potential environmental impacts, operational requirements,
and financial viability of a proposed dog washing business on the bluffs above Dog Beach.
A motion was made by Hansen, second Bohr to approve a Request for Proposal (RFP) process
to seek qualified vendors to construct and operate a dog washing facility at Dog Beach. The
motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, and Bohr
NOES: Boardman
ABSENT: Dwyer
12. Adopted Ordinance No. 3907 to amend the Huntington Beach Municipal Code by deleting
Chapter 2.16 relating to the duties of the City Treasurer, and amending Section 2.15 relating to
the duties of the Finance Department. Approved for introduction February 7, 2011.
A motion was made by Hansen, second Bohr to adopt Ordinance No. 3907, "An Ordinance of
the City of Huntington Beach Amending the Huntington Beach Municipal Code By Deleting
Chapter 2.16 and Amending Chapter 2.15 Relating to the Duties of the Finance Department."
The motion carried by the following roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
13. Adopted Ordinance No. 3911 to amend the Huntington Beach Municipal Code by
consolidating the duties of the Finance Board and the Investment Advisory Board as
Recommended by the City Council Intergovernmental Relations Committee (IRC).
Approved for introduction February 7, 2011.
A motion was made by Hansen, second Bohr to adopt Ordinance No. 3911, "An Ordinance of
the City of Huntington Beach Amending the Huntington Beach Municipal Code by deleting
Chapter 2.110 and .Amending Chapter 2.109 relating to the Finance Board." The motion carried
by the following roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
Council/RDA/PFA Minutes
February 22, 2011
Page 11 of 13
PUBLIC HEARING
14. Adopted Resolution No. 2011-12 amending the City-wide user fee schedule for Fire
Department user fees and appropriate funding for a temporary part-time Fire Prevention
Inspector position.
Fire Chief Patrick McIntosh introduced Fire Marshall William Reardon who provided a
PowerPoint presentation entitled Report to City Council with titled slides: Background, Permit
Inspections, Other Inspections, Inspection Scope, Impact, Benefits, Fiscal impact,
Implementation, Fee Schedule Modification, and Summary.
Mayor Carchio opened the public hearing
City Clerk Flynn announced there were no public speakers or late communications.
Mayor Carchio closed the public hearing.
Councilmember Shaw praised the Fire Department's proposal.
A motion was made by Hansen, second Shaw to adopt Fee Resolution 2011-12, "A Resolution
of the City Council of the City of Huntington Beach Amending Resolution No. 2009-31 Entitled
'A Resolution of the City Council of the City of Huntington Beach Establishing a Citywide User
Fee Schedule and Repealing Resolution No. 2007-58 and All Supplemental Resolutions
Thereto' (Supplemental Fee Resolution No. 6)" amending the Fire Department User Fee
Schedule; and, authorize the City Manager to appropriate funds as needed to support the part-
time position. The motion carried by the following roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
15. Approved for introduction Ordinance No. 3909 approving Zoning Text Amendment No. 10-
005; and, approve for introduction Ordinance No. 3910 approving Municipal Code amendments
regarding Kennels and Residential Animal Permits (Fourth Dog Ordinance).
Senior Code Enforcement Officer Mike Fuentes provided a PowerPoint presentation entitled
Zoning Text Amendment No. 10-005 and Municipal Code Amendments (Kennels) with titled
slides: Request, Analysis — Existing HBZSO & HBMC, Analysis - Proposed Amendments, and
Recommendation.
Councilmember Boardman and Officer Fuentes discussed the implementation and enforcement
aspects of the proposed amendment.
Mayor Carchio opened the public hearing.
Council/RDA/PFA Minutes
February 22, 2011
Page 12 of 13
City Clerk Flynn announced there were no public speakers or late communications.
Mayor Carchio closed the public hearing.
A motion was made by Bohr, second Harper to approve Zoning Text Amendment No. 10-005
with findings for approval and after the City Clerk reads by title approve for introduction
Ordinance No. 3909, "An Ordinance of the City of Huntington Beach Amending Chapter 203 of
the Huntington Beach Zoning and Subdivision Ordinance Relating to Definitions," and, approve
Amendments to Huntington Beach Municipal Code Sections 7.12.150 (Kennels) and 7.12.160
(Residential Animal Permit) and, after the City Clerk reads by title, approve for introduction
Ordinance No. 3910, "An Ordinance of the City of Huntington Beach amending Chapter 7.12 of
the Huntington Beach Municipal Code Relating to Kennels." The motion carried by the following
roll call vote:
AYES:
Bohr, Carchio, Hansen, Harper, Shaw, and Boardman
NOES:
None
ABSENT:
Dwyer
ORDINANCES FOR INTRODUCTION
16. Approved for introduction Ordinance No. 3912 adding Chapter 8.75 to the Huntington Beach
Municipal code relating to Street Performers.
Police Chief Small spoke in support of Agenda Item No. 16 - Ordinance No. 3912 relating to
Street Performers.
The Council discussed the effects of crowds drawn by Street Performers on various businesses
in the downtown area.
A motion was made by Bohr, second Hansen to after the City Clerk reads by title, approve for
introduction Ordinance No. 3912, "An Ordinance of the City of Huntington Beach Adding
Chapter 8.75 of the Huntington Beach Municipal Code Relating to Street Performers." The
motion carried by the following roll call vote:
AYES: Bohr, Carchio, Hansen, Shaw, and Boardman
NOES: Harper
ABSENT: Dwyer
COUNCILMEMBER ITEMS
17. Submitted by Mayor Joe Carchio and Councilmember Keith Bohr - Clarification of City
Council Resolution No. 2010-05 regarding hours that apply to alcohol sales prior to and
subsequent to adoption on January 19, 2010.
Council/RDA/PFA Minutes
February 22, 2011
Page 13 of 13
The Council and staff discussed at length the original purpose and intent of Resolution No.
2010-05 and why clarification is now required.
A motion was made by Bohr, second Hansen to direct staff to return with a resolution that
clarifies: 1) that the hours of operation are meant to apply to alcohol sales only with no intent to
prohibit the sale of food after those hours; and, 2) that the proposed conditions shall apply to
conditional use permit applications applied for subsequent to the adoption of the resolution only
when the permit is a new request for either the service of alcoholic beverages or entertainment.
In situations where there is an existing conditional use permit that allows the service of alcoholic
beverages or alcoholic beverages and entertainment, the resolution shall not apply; and, 3) that
the Police Department has the authority to waive this provision when, in their opinion, the nature
of the entertainment (time, type of entertainment, location within the business, etc.) will not
interfere with people outside the business or create a public safety concern. The motion carried
by the following roll call vote:
AYES: Bohr, Carchio, Hansen, and Harper
NOES: Shaw, and Boardman
ABSENT: Dwyer
COUNCILMEMBER COMMENTS (Not Agendized)
Comments were provided by Councilmember Boardman, Councilmember Shaw, and Mayor
Carchio.
ADJOURNMENT
At 9:31 PM, Mayor Carchio adjourned the meeting to Monday, March 07, 2011, at 5:00 PM in
Room B-8, Civic Center, 2000 Main Street, Huntington Bea California.
".
City C rk and ex-officio Clerk f the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
Ckf Clerk -Clerk V Mayor hair