HomeMy WebLinkAbout2011-03-21Minutes
City Council/Redevelopment Agency/Public Financing Authority
City of Huntington Beach
Monday, March 21, 2011
5:00 PM - Room B-8
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audio recording of the 5:00 PM portion, and 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/
5:00 PM - ROOM B-8
CALL TO ORDER - 5:02 PM
ROLL CALL
Present: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
Absent: None
STUDY SESSION
1. Budget and Fiscal Outlook Update
Finance Director Lori Ann Farrell gave a PowerPoint presentation entitled Update on Budget
and Fiscal Outlook that included the following titled slides: Budget Challenge, FY 2011 /2012
State Budget Impact on Redevelopment Agency, Strategic Planning Follow-up, Revenue
Options, Reductions by Department to Address Budget Challenge (Illustrative Purposes Only),
Strategic / Surgical Cuts Review, Core Programs, Important Programs, Added Value Programs,
City Attorney, City Clerk, Police, Fire, Public Works, Community Services, Planning & Building,
Human Resources, Library Services, Information Services, Economic Development, Finance,
City Manager's Office, and Next Steps.
Councilmember Dwyer and City Manager Wilson discussed contractual agreements including
end dates and levels of service.
Councilmembers Bohr and Hansen questioned reporting on a matrix that categorized City
services by department as core, important, and added value. Councilmember Hansen
requested that the City Attorney provide more detail, and Councilmember Bohr voiced concern
that Information Systems services were not listed as core.
City Council/RDA/PFA Special Meeting Minutes
March 21, 2011
Page 2 of 10
Councilmember Hansen questioned if the City could consider a third party performance audit.
Manager Wilson described ways to accomplish that task, and Councilmember Hansen
suggested that Administration return to Council with independent proposals. Councilmember
Shaw questioned why Public Information costs were not called out. Mayor Carchio discussed
turning certain Community Service services over to the private sector, prompting Deputy City
Manager Paul Emery to explain cost recovery for youth programs. Discussion ensued on
raising rates on activities and Manager Emery explained how some programs dissolve due to
lack of participation.
Manager Wilson reminded Council that a special meeting can be held in the next few weeks to
examine core, important and added value items more closely.
ANNOUNCEMENT OF COMMUNICATIONS RECEIVED AFTER AGENDA DISTRIBUTION
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced the following
communications that were received by her office following distribution of the Council agenda
packet:
PowerPoint communication for Study Session Item No. 1 submitted by Lori Ann Farrell, Finance
Director, and entitled Update on Budget and Fiscal Outlook dated March 21, 2011.
Matrix for Study Session Item No. 1 submitted by Lori Ann Farrell, Finance Director, entitled
Citywide Program Prioritization, sorted by Department, March 2011.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3
Minute Time Limit) - None.
RECESS TO CLOSED SESSION - 5:40 PM
A motion was made by Shaw, second Bohr to recess to closed session by consensus of the
City Council. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
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 lawsuit: Citizen's Association of
Sunset Beach v. The City of Huntington Beach; Orange County Superior Court Case No. 30-2010-
00431832. This action involves delaying the annexation pending a vote of the Sunset Beach Residents.
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 Council/RDA/PFA Special Meeting Minutes
March 21, 2011
Page 3 of 10
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.
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIUREDEVELOPMENT AGENCY/PUBLIC FINANCE
AUTHORITY MEETING - 6:12 PM
ROLL CALL
Present: Boardman, Dwyer, Bohr, Carchio, Hansen, Harper, and Shaw
Absent: None
CLOSED SESSION REPORT BY CITY ATTORNEY - None.
PLEDGE OF ALLEGIANCE - Led by Councilmember Bohr.
INVOCATION - Led by Tom Hohman of Sts. Simon and Jude and the HB Interfaith Council.
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 and Councilmember Shaw called on Pastor Gary Watkins from
Christ Presbyterian Church to accept a proclamation on the occasion of the three year
anniversary of their Bread of Life Ministry.
Mayor's Award - Mayor Carchio called on Human Resources Director Michelle Carr to present
the Mayor's Award to Rideshare Coordinator Noreen Swiontek.
ANNOUNCEMENT OF COMMUNICATIONS RECEIVED AFTER AGENDA DISTRIBUTION
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced communications
received by her office following distribution of the City Council agenda packet:
Communication for Consent Item No. 8 received from Paul Emery, Deputy City Manager/Interim
Community Services Director, dated March 21, 2011, and entitled Late Communication
Regarding Item #8 — Approve Memorandum of Understanding between the City and the Friends
of the HB City Junior Guards; and approve construction of a storage building adjacent to the
Marine Safety Educational Center.
Communication on Consent Item No. 10 received from Michele Carr, Director of Human
Resources, dated March 21, 2011, and entitled Late Communication: Replacement RCA for the
Huntington Beach Firefighters' Association (HBFA) and submittal of side letter agreement.
Communications for Public Hearing Item No. 12 received regarding the Residential Curbside
Refuse Collection Rates: Brenda Carroll, Judy Carroll, Patrick Horan, Charles Prescott (7),
Cheryl Prescott (7), Paul Maimone, Edwin Bush, Ramie Pok, Joanne Sullivan (2), Priscilla Loi,
City Council/RDA/PFA Special Meeting Minutes
March 21, 2011
Page 4 of 10
Patrick Horan, Yukie Chipman, Carrol Chipman, Nicasio F. Tumbocon, Eleanor Y. Tumbocon,
Louis S. Caric, Pamela L. Myer, Gary Dutra, Angela Dutra, Michael Brandenburger, Minh -Long
Hoang, Julie Do, Ann M. Strode, James B. Strode, Aaron Tse, Wyndie Tse, David R. Penilla,
Teddi Alves, Lorna Yin, Elaine Goetz, Gayle Perry, Tam Pham, John Wafer, Paulette Wafer,
Connie Ngo, Teresa R. Williams, Marco Archaga, Deborah Ortiz, Katie Stringer, Paul Sue,
Sandra Hayes, Milan Salaya, Anna Vo, Victor P. Koman, Dianne Miller, Yolanda Batesor,
George Damjanovic, Marcia Graves, Michael Graham, and Ron and Glenda Asher.
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/govemmentlagendasn.
Mike Wang, a 5-year Huntington Beach resident, stated his displeasure with the findings of the
Police Department's investigation of his formal complaint against two Huntington Beach Police
Officers for alleged brutality. (00:15:40)
Rick Pirritano and Steve Foster, Huntington Beach small business owners, requested further
details regarding a bill for $250 that they received for a storm drain inspection by the City.
(00:19:02)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234
DISCLOSURE REPORTING
Councilmember Dwyer reported attending an artist's.demonstration at the Performing Arts
Center.
Mayor Carchio reported attending a ceremony at Los Alamitos Naval Base honoring the return
of the body of Sergeant Weaver, who was an El Dorado High School (Placentia) graduate killed
in action in Afghanistan.
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 the City held a Disaster Preparedness Exposition at the Main
Library on Saturday, March 19, that was attended by over 2,000 members of the community. He
presented a short video during which Fire Chief McIntosh described the various venues and
reported that over 1,200 Emergency Preparedness packets had been handed out.
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 Special Meeting of March 1, 2011,
and the Regular Meeting of March 7, 2011, as written and on file in the Office of the City Clerk.
The motion carried by the following roll call vote:
City Council/RDA/PFA Special Meeting Minutes
March 21, 2011
Page 5 of 10
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
2. Approved the appointments of Gil Coerper and Andi Hamamoto Kowal to the Fourth of July
Board of Directors.
A motion was made by Hansen, second Bohr to approve the appointments of Gil Coerper and
Andi Hamamoto Kowal to the Fourth of July Board of Directors as recommended by City
Council Liaisons Mayor Joe Carchio, Councilmember Keith Bohr and Councilmember Joe
Shaw. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
3. Approved Office of Criminal Justice Planning Grant Violence Against Women Program for
2011 and Approved Contract for Community Service Program, Inc.
A motion was made by Hansen, second Bohr to accept the grant between the State of
California, Office of Criminal Justice Planning and the City of Huntington Beach; and, approve
the appropriation of $240,280, of which $180,210 is to be fully reimbursed by the grant from the
Office of Criminal Justice Planning. The remaining $60,070 will be funded from appropriations
in the Police Department's budget; and, authorize the expenditure of funds of $240,280 plus
interest to pay for the professional services contract between the City of Huntington Beach and
Community Service Program, Inc. for Victim/Witness Advocate, and some operating costs
related to the Domestic Violence Program for the first year of the contract; and, approve and
authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the
City of Huntington Beach and Community Service Program, Inc. for Victim/Witness Advocate."
The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and.Boardman
NOES: None
4. Adopted Resolution No. 2011-13 adopting an amended Uniform Bail Schedule for parking
violations.
Consent Item No. 4 was pulled for separate consideration by Councilmember Harper.
Police Chief Small stated that the sole purpose of Resolution No. 2011-13 was to correct
typographical errors.
A motion was made by Harper, second Hansen to adopt Resolution No. 2011-13, "A Resolution
of the City Council of the City of Huntington Beach, California, Adopting an Amended Uniform
Bail Schedule for Parking Violations." The motion carried by the following roll call vote:
AYES: Boardman, Dwyer, Bohr, Carchio, Hansen, Harper, and Shaw
NOES: None
5. Approved project plans and specifications and awarded Construction contract in the amount
of $151,300.00 to Ace CD, Inc. for the Huntington Beach Central Park Sports Complex - 8th
Field Project CC-1348.
City Council/RDA/PFA Special Meeting Minutes
March 21, 2011
Page 6 of 10
A motion was made by Hansen, second Bohr to approve the project plans and specifications for
the Huntington Beach Central Park Sports Complex - 8th Field CC-1348; and, accept the lowest
responsive and responsible bid, submitted by Ace CD, Inc., in the amount of $151,300.00; 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: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
6. Approved City Council position on legislation, a regulation, or budget issues pending before a
Federal State, or Regional Government as recommended by the City Council Intergovernmental
Relations Committee (IRC).
A motion was made by Hansen, second Bohr to oppose SB 670 (Calderon) - Amendment to
Section 7280 of the Revenue and Taxation Code, relating to occupancy taxes. The motion
carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
A motion was made by Hansen, second Bohr to support AB 206 (Harkey) - an exemption for
municipal fireworks shows from the California Environmental Act and the California Coastal Act.
The motion carried by the following roll call vote:
AYES: Harper, Hansen, Carchio, Bohr, and Dwyer
NOES: Shaw, and Boardman
A motion was made by Hansen, second Bohr to adopt Resolution No. 2011-20, A Resolution of
the City of Huntington Beach in opposition to the Governor's proposal to eliminate state funding
for public libraries and literacy services in California. The motion carried by the following roll call
vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
A motion was made. by Hansen, second Bohr to authorize sending a letter to Congressman
Rohrabacher in support of full funding for the Community Development Block Grant program for
FY 2011. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
7. Received and Filed the City Treasurer's January 2011 Investment Summary Report.
A motion was made by Hansen, second Bohr to receive and file the Monthly Investment Report
for January 2011, pursuant to Section 17.0 of the Investment Policy of the City of Huntington
Beach. The motion carried by the following roll call vote:
City Council/RDA/PFA Special Meeting Minutes
March 21, 2011
Page 7 of 10
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
8. Approved Memorandum of Understanding between the City of Huntington Beach and Friends
of the HB City Junior Guards; and approved construction of a storage building adjacent to the
Marine Safety Educational Center.
A motion was made by Hansen, second Bohr to approve and authorize the Mayor and City
Clerk to execute a "Memorandum of Understanding Between the City of Huntington Beach and
Friends of the HB City Junior Guards;" and, approve construction of a storage building adjacent
to the Marine Safety Educational Center for use by the Huntington Beach Junior Lifeguard
program. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
9. Received and Filed Update of City of Huntington Beach Strategic Objectives.
A motion was made by Hansen, second Bohr to receive and file the updated status of the Six -
Month Strategic Objectives. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
10. Adopted Resolution No. 2011-21 approving a Side Letter Agreement to modify the
Memorandum of Understanding (MOU) between the City of Huntington Beach and the
Huntington Beach Firefighters' Association (HBFA) regarding wage implementation deferral.
A motion was made by Hansen, second Bohr to adopt Resolution No. 2011-21, "A Resolution of
the City Council of the City of Huntington Beach Amending the Memorandum of Understanding
Between the City and the Huntington Beach Firefighters' Association (HBFA), By Adopting the
Side Letter Agreement." The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
11. Adopted Ordinance No. 3908 Amending Municipal Code Chapter 10.12 Relating to Speed
Limits on 90 Street Segments Approved for Introduction January 18, 2011.
A motion was made by Hansen, second Bohr to adopt Ordinance No. 3908, "An Ordinance of
the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code
Relating to Speed Limits." The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
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/govemmentlagendas/).
City Council/RDA/PFA Special Meeting Minutes
March 21, 2011
Page 8 of 10
12. Adopted Resolution No. 2011-19 AS AMENDED establishing 2011/2012 Residential
Curbside Refuse Collection Rates with Rainbow Disposal Company, Inc.-, effective April 1, 2011
and billed to residential customers through the Water Billing process.
Public Works Director Travis Hopkins provided a PowerPoint presentation entitled Residential
Refuse Rate Adjustments, with titled slides including Public Notification Process, Why is a Rate
Increase Necessary?, Residential Trash Collection Program Overview, Proposed Rate
Adjustment, Survey of Orange County Trash Collection Rates, Rainbow Compensation, City
Administration & Maintenance, City Maintenance, Summary of Proposed Rate, and
Recommended Council Actions.
City Clerk Joan Flynn reported the tally of all written protest letters received: 337 submitted,
303 valid, 34 invalid (no address or apartment number, not a written protest, without signature,
not within city limits, and twenty-eight (28) from commercial accounts). Written, valid protest
letters represent 1.29% of the number eligible to respond.
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn read into the record the
names of individuals who submitted protests after distribution of the City Council agenda
packet: Brenda Carroll, Judy Carroll, Patrick Horan, Charles Prescott (7), Cheryl Prescott (7),
Paul Maimone, Edwin, Bush, Ramie Pok, Joanne Sullivan (2), Priscilla Loi, Patrick Horan, Yukie
Chipman, Carrol Chipman, Nicasio F. Tumbocon, Eleanor Y. Tumbocon, Louis S. Caric, Pamela
L. Myer, Gary Dutra, Angela Dutra, Michael Brandenburger, Minh -Long Hoang, Julie Do, Ann M.
Strode, James B. Strode, Aaron Tse, Wyndie Tse, David R. Penilla, Teddi Alves, Lorna Yin,
Elaine Goetz, Gayle Perry, Tam Pham, John Wafer, Paulette Wafer, Connie Ngo, Teresa R.
Williams, Marco Archaga, Deborah Ortiz, Katie Stringer, Paul Sue, Sandra Hayes, Milan Salaya,
Anna Vo, Victor P. Koman, Dianne Miller, Yolanda Batesor, George Damjanovic, Marcia
Graves, Michael Graham, and Ron and Glenda Asher.
Mayor Carchio opened the public hearing.
Phil Burtis, speaking on behalf of a Huntington Beach community advocacy organization known
as Surf City Tea, rendered their opinion that the notification letter sent to residents regarding the
proposed increase in residential curbside refuse collection rates was quite misleading, and that
the proposed increase in City administrative fees was an afterthought and not particularly well
explained. (00:47:05)
David Morzella, an 11-year Huntington Beach resident, spoke in opposition to Resolution No.
2011-19 (Residential Curbside Refuse Collection Rates), stating his concerns with the terms of
the contract with Rainbow Disposal Company, and the inclusion of an education fee in the
overall residential curbside refuse collection rate. (00:50:45)
David Keough, a concerned citizen, spoke in opposition to Resolution No. 2011-19 (Residential
Curbside Refuse Collection Rates), rendering his opinion that the City's administrative costs for
refuse collection are not credible, and that the proposed rate increases are attributable to. what
he considers the City's bloated, wasteful and inefficient government. (00:54:10)
Victor Koman, a 27-year Huntington Beach resident, spoke in opposition to Resolution No.
2011-19 (Residential Curbside Refuse Collection Rates), and rendered his opinion that Rainbow
City Council/RDA/PFA Special Meeting Minutes
March 21, 2011
Page 9 of 10
Disposal Company is a monopoly, and that the "Three Bin System" is an unfunded mandate on
the citizens of Huntington Beach. (00:57:06)
Connie Ngo spoke in opposition to Resolution No. 2011-19 (Residential Curbside Refuse
Collection Rates). She presented a display board of the alleged current dollarized profits that
Rainbow realizes from refuse collection, and questioned why a rate increase is needed.
(00:59:25)
Jerry Barry, a 41-year Huntington Beach resident, stated his frustration with the perceived
endless increases in taxes and fees by government entities. (01:03:34)
Joshua Wafer, a Huntington Beach resident and property owner, spoke in opposition to
Resolution No. 2011-19 (Residential Curbside Refuse Collection Rates). (01:06:00)
Frank Williams spoke in opposition to Resolution No. 2011-19 (Residential Curbside Refuse
Collection Rates). He stated his concerns regarding trash collection workers, the unwieldiness
of the rubbish collection barrels provided by the City, and the perceived exorbitant profits from
trash collection. (01:08:10)
Mayor Carchio closed the public hearing.
Councilmember Boardman and Public Works Director Hopkins discussed the reasons for the
differences between the Fountain Valley and Huntington Beach monthly fees for Rainbow
Disposal Company's curbside refuse collection service.
Councilmember Harper reported the monthly refuse collection fees for single family residences
in numerous cities of a similar size to Huntington Beach.
Councilmember Bohr called upon Ron Shenkman and Bruce Shuman of Rainbow Disposal
Company to explain the rationale behind their proposed 34 cent rate increase.
Mayor Pro Tern Hansen rendered his opinion that the proposed increase in City administrative
and maintenance fees is not substantiated by good and candid data.
Councilmember Boardman voiced her support for the administrative and maintenance fees for
three trimming.
A motion was made by Hansen, second Dwyer to Adopt Resolution No. 2011-19, "A Resolution
of the City Council of the City of Huntington Beach Adjusting and Ratifying Residential Refuse
Rates By The Formula Established In The Revised and Restated Refuse Collection And
Disposal Services Franchise Agreement" as amended to increase the residential refuse rate
by 34 cents for Rainbow Disposal costs but to decline the 30 cent increase for City
administration and maintenance. The motion carried by the following roll call vote:
AYES: Dwyer, Carchio, Hansen, Harper, and Shaw
NOES: Boardman, and Bohr
The Council discussed in detail the reasons why they opposed or supported Mayor Pro Tem
Hansen's motion.
City Council/RDA/PFA Special Meeting Minutes
March 21, 2011
Page 10 of 10
ORDINANCES FOR INTRODUCTION
13. Approved for introduction Ordinance No. 3886 amending Chapter 2.111 of the Huntington
Beach Municipal Code relating to the setting of appeal hearings on Public Works Commission's
decisions to remove crosswalks.
City Manager Wilson stated the purpose of Ordinance No. 3886.
A motion was made by Bohr, second Hansen to after the City Clerk reads by title, approve for
introduction Ordinance No. 3886, "An Ordinance of the City of Huntington Beach Amending
Chapter 2.111 of the Huntington Beach Municipal Code Relating to Duties and Powers of the
Public Works Commission." The motion carried by the following roll call vote:
AYES: Boardman, Dwyer, Bohr, Carchio, Hansen, Harper, and Shaw
NOES: None
COUNCILMEMBER COMMENTS (Not Agendized)
Comments provided by Mayor Carchio and Councilmembers Harper and Dwyer.
ADJOURNMENT
At 8:10 PM, Mayor Carchio adjourned the meeting to Monday, April 4, 2011, at 5:00 PM in
Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California 92648.
ATTEST:
i Clerk and ex-officio erk of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
o
City Clerk- rk Ayor-Chair