HomeMy WebLinkAbout2011-08-15Minutes
City Council/Redevelopment Agency/Public Financing Authority
City of Huntington Beach
Monday, August 15, 2011
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
are on file in the Office of the City Clerk and are archived at
www.surfcity-hb.org/government/agendas/
4:00 PM - ROOM B-8
CALL TO ORDER — 4:00 PM
ROLL CALL
Present: Shaw, Harper, Hansen (arrived at 4:45 PM), Carchio, Bohr, Dwyer, and Boardman
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (RECEIVED AFTER AGENDA
DISTRIBUTION)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan L. Flynn announced receipt of
supplemental communications received after distribution of the City Council agenda packet:
Study Session Item No. 1 - A PowerPoint communication entitled FY 201112012 Capital
Improvement Program.
Study Session Item No. 2 - A PowerPoint communication entitled City of Huntington Beach
Proposed Budget Update FY 201112012.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3
Minute Time Limit)
Scott Field, President of the Management Employees' Organization (MEO), distributed a
communication to Council, and expressed MEO's concern that staff, as advised by Counsel,
has denied MEO's request that their "bumping rights" be documented, which may negatively
affect MEO's discussion of a future Side Letter Agreement with the City.
STUDY SESSION
City Manager and City staff presented an overview. of the recommended Fiscal
Year 2011/2012 Capital Improvement Program.
Council/RDA/PFA Minutes
August 15, 2011
Page 2 of 19
City Manager Wilson deferred to City Engineer Tony Olmos and Associate Civil Engineer Todd
Broussard, who provided a PowerPoint entitled FY 201112012 Capital Improvement Program,
with titled slides: Capital Improvement Program (CIP), New Appropriations, CIP Projects by
Category, CIP Projects by Funding Source, Drainage & Storm Water $1 M, Facilities $470K,
Neighborhood $3.47M, Parks and Beaches $20K, Sewer Improvements $8.2M, Streets and
Transportation $8.2M, Water Improvements $7.02M, Continuing Appropriations, Continuing
Projects $5.04M, Continuing Projects (Cont.), and Timeline of Proposed Budget for FY 2011/12.
Councilmember Boardman and Facilities Development and Concessions Manager David
Dominguez briefly discussed the status of the Gun Range Cleanup project.
Councilmember Dwyer and Public Works Director Travis Hopkins discussed the Edison Park
Reconfiguration Project. Public Works Director Hopkins explained that challenging economic
times affect the contractor's ability to complete the project without additional funding when
unanticipated changes occur, such as the numerous subsurface conflicts that were not detected
during the plan development process, which included interfering abandoned pipes and buried
concrete debris that required removal to fit the grades and configuration of the approved plans,
and in addition, based upon actual site conditions, the entire irrigation system had to be re-
designed.
Councilmember Dwyer and City Engineer Tony Olmos discussed the Solar Panels Project. City
Engineer Olmos explained that the project is not directly controlled by the City, but rather by
Southern California Edison, who has subcontracted the work, and that any delays in the project
have no direct fiscal impact on the City because the City's revenue is derived from reduced
electrical rates once the project is completed and placed into production.
Councilmember Dwyer and City Engineer Tony Olmos discussed the Talbert Lake Project. City
Engineer Olmos stated that the design phase is basically complete and ready for construction to
commence. He further stated that with only about $1 million of the approximately $5 million
needed for construction currently funded, the City is pursuing other grant fund opportunities,
including a current $2 million pre -grant application for an Urban Greening Grant, and is hopeful
that the upcoming Orange County Transportation Authority (OCTA) Tier 2 Grant Program will
provide a source for the other required funding.
2. City Manager and City staff presented an overview of the City Manager's
recommended proposed Fiscal Year 2011/2012 Budget.
City Manager Fred Wilson deferred to Director of Finance Lori Ann Farrell, who presented a
PowerPoint entitled City of Huntington Beach Proposed Budget Update, with titled slides: FY
2011/2012 Proposed Budget Update, FY 2011/2012 Proposed Budget, Approved Staffing .
Revisions, Staffing Reductions, Operational Reductions Summary, Employee Concessions, FY
2011/2012 Proposed Budget Recap, Redevelopment Shortfall Solution, Redevelopment
Update, and Budget Adoption Timeline.
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August 15, 2011
Page 3 of 19
Director Farrell highlighted the revisions in the Proposed FY 2011/2012 Budget in the areas of
Community Services, Fire, and Economic Development that were incorporated per the guidance
and feedback received from the Council at the August 1 meeting.
In response to Councilmember Shaw's question regarding the stay published by the League of
California Cities regarding Redevelopment legislation, Director Farrell stated that it would be
discussed during Closed Session.
Mayor Pro Tern Hansen and Director Farrell discussed how employee concessions are
allocated in the budget.
Councilmember Dwyer and Director Farrell discussed how sharing services with other cities will
help the budget in the future.
Police Chief Small discussed vacant positions in the Police Department.
Mayor Pro Tern Hansen and City Manager Wilson discussed the potential realignment of the
police and fire department positions, and City Manager Wilson stated that the City is fairly well
locked in by the existing labor agreements.
Councilmember Shaw and Chief Small discussed reorganizing the Police Department and how
it would affect the number of Police Officers on the street.
Councilmember Boardman and Director Farrell discussed the recurring annual structural
savings associated with current employee concessions.
A discussion ensued about quantifying the relationship between the physical training and
overtime components of the Police Department budget.
Mayor Carchio and City Manager Wilson briefly discussed the California Redevelopment
Agency legal situation.
RECESS TO CLOSED SESSION — 4:53 PM
By consensus, the City Council recessed to Closed Session.
CLOSED SESSION
3. Pursuant to Government Code § 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.
4. Pursuant to Government Code § 54956.9, the City Council recessed into closed
session to confer with the City Attorney regarding Omnipoint Communications,
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August 15, 2011
Page 4 of 19
Inc. (T-Mobile) v. City of Huntington Beach ("T-Mobile I"), United State District
Court Case No. CV09-3777 RGK, Ninth Circuit Court of Appeals Case Nos. 10-
56877 and 10-66944, and related case T-Mobile West Corporation v. City of
Huntington Beach ("T-Mobile IP"), United States District Court Case No. CV09-3777
RGK, which involve T-Mobile's project to install antennas at Harbour View Park
and Bolsa View Park.
5. Pursuant to Government Code § 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.
6. Pursuant to Government Code § 54956.9, the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit:
California Redevelopment Association et al., Petitioners v. Ana Matosantos, as
Director, etc. et al., Respondents; California Superior Court Case No. S19486.
6:00 PM - COUNCIL CHAMBERS
RECONVENE CITY- COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY
MEETING - 6:08 PM
ROLL CALL
Present: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
Absent: None
CLOSED SESSION REPORT BY CITY ATTORNEY - None
PLEDGE OF ALLEGIANCE - Led by Councilmember Matthew Harper
INVOCATION - Given by Reverend Peggy Price, Huntington Beach 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 called on Councilmember Devin Dwyer and Fire Chief Patrick
McIntosh, who gave a presentation regarding a public -private partnership to target fire safety in
City mobile home parks.
Mayor's Award - Mayor Carchio called on Fire Chief Patrick McIntosh, who presented the
Mayor's Award to Firefighter/Paramedic Eric McCoy.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (RECEIVED AFTER AGENDA
DISTRIBUTION)
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August 15, 2011
Page 5 of 19
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan L. Flynn announced supplemental
communications received following distribution of the City Council agenda packet:
Consent Calendar
Item No. 13 - Communication received from Community Services, a matrix titled Beach and
Park Concessions - Summary of Lease Terms.
Item No. 21 - Communication received from Daralie Hamilton regarding the Side Letter
Agreement to the Huntington Beach Firefighters' Association (HBFA) Memorandum of
Understanding (MOU).
Administrative Items
Item No. 23 - Communication received from Stanley Smalewitz, Director of Economic
Development entitled Approval of Revised Inclusionary Housing Program Regulations.
Item No. 24 - PowerPoint communication entitled Downtown Circulation Concept, Converting
I st Block of Main Street to One -Way Traffic Inland.
Item No. 24 - Communication received from David McHowell regarding converting Main Street
to one-way traffic.
Councilmember Items
Item No. 25 - Communications received regarding development of an ordinance that requires
stores to replace single -use plastic shopping bags with reusable bags: Victoria Bloom, John
Briscoe, Gino Bruno, Charles Burns, Joanell Connolly, John Grace, Daralie Hamilton, Amanda
Horack, Marinka Horack, Ellysse James, Timothy James, Dan Kalmick, Kim Kolpin, Thierry
Kolpin, Theo Mirani, Marcia Morrell, Vern P. Nelson, Bill Pearson, Peggy Sloan, Melissa Stern,
Jennifer A. Thomas, Richard Valdes, Vanhoorebe@aol.com, Anthony Bouse, Toni Gregory,
Concetta Randall, Susan Torrence, Anonymous, Chris Ann Lunghino, Coretta Randall, M. Jack
Brooks, Lynda Hernandez, Steve Andy, Mary Baley, The Burgard's, Thomas Burke, Patricia
Goodman, Bill Gregory, Toni Gregory, Laura Hennes, Lynda Hernandez, Ryan Kenny, Eric
Maddy, Terry G. McClary (2), Denise Menichiello, Shirley W. Orlando, Tone Pekich, Donna
Piscopo, and A. Duane Tonelli.
PUBLIC COMMENTS (3 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.huntingtonbeachca.gov/government/agendaso.
Daniel Gooch, former Personnel Commissioner, spoke in opposition to Consent Item No. 17 -
Personnel Commission makeup. He also spoke in opposition to Consent Item No. 21 -
Huntington Beach Firefighters' Association (HBFA) Side Letter Agreement. (00:21:06)
Darrin Witt, President of the Huntington Beach Firefighters' Association (HBFA), spoke in
support of Consent Item No. 21 - HBFA Side Letter Agreement. (00:24:11)
Council/RDA/PFA Minutes
August 15, 2011
Page 6 of 19
Richard Rebd, 30-year resident, submitted a document dated August 15, 2011 entitled
Homeowner Concerns and Objections to the Current Location and Operation of the Huntington
Beach Community Garden. (00:27:28)
Gary Tilbury, 25-year resident, spoke in opposition to the current location and operation of the
Huntington Beach Community Garden. (00:30:48)
Kathleen Saindon, resident, spoke in opposition to the current location and operation of the
Huntington Beach Community Garden. (00:35:05)
Laurie Rebd, resident, spoke in opposition to the current location and operation of the
Huntington Beach Community Garden. (00:37:15)
Dee Brundage, resident, spoke in opposition to the current location and operation of the
Huntington Beach Community Garden. (00:39:38)
Philip J. Johnson stated his concerns regarding the Police Department's Taser Gun Policy, and
suggested that their use be banned. (00:41:24)
Stephanie Inbody, General Manager and Managing Partner of Fred's Mexican Cafe in
downtown Huntington Beach, spoke in opposition to Consent Item No. 24 - Converting 1st Block
of Main Street to One -Way Traffic Inland. (00:42:12)
Steve Grabowski, representing the UPS Store in downtown Huntington Beach, spoke in
opposition to Consent Item No. 24 - Converting 1 st Block of Main Street to One -Way Traffic
Inland. (00:44:45)
Steve Daniel, representing the Huntington Beach Downtown Business Association, spoke in
opposition to Consent Item No. 24 - Converting 1 st Block of Main Street to One -Way Traffic
Inland. (00:46:08)
Terri Combs, resident and teacher at Smith Elementary School, spoke in opposition to Agenda
Item No. 23 — Revised Inclusionary Housing Program Regulations. (00:48:33)
Phillip Masto, a 9-year resident, spoke in support of Agenda Item No. 23 — Revised Inclusionary
Housing Program Regulations. (00:51:15)
Suzette Clark, representing the Cape Ann Affordable Housing Community, spoke in support of
Agenda Item No. 23 — Revised Inclusionary Housing Program Regulations. (00:52:37)
Kay Goddard, President of the Friends of Shipley Nature Center, thanked the Council for their
continued support of the Shipley Nature Center. (00:55:55)
Lisa Manfredi, lifelong resident, spoke in support of Agenda Item No. 25 - Ordinance that
requires stores located in the City of Huntington Beach to replace single -use plastic shopping
bags with reusable bags. (00:59:16)
David Morzella, resident, spoke in opposition to Agenda Item No. 25 - Ordinance that requires
stores located in the City of Huntington Beach to replace single -use plastic shopping bags with
reusable bags. (01:00:25)
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August 15, 2011
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Monica Dekany, representing Golden West College, announced their 6T"Annual Chefs for
Scholarships fundraiser on Sunday, September 18 from 4:00-7:00 PM at the Golden West
College Student Center. For further information visit: chefs4scholarships.com. (01:02:20)
Kathy May spoke in support of Consent Item No. 13 — Ten -Year Lease Agreement for Kathy
May's Restaurant in Huntington Central Park. (01:04:33)
Marlon Steiner, 10-year resident, spoke in support of Agenda Item No. 23 — Revised
Inclusionary Housing Program Regulations. (01:05:39)
Bill Hickman, representing Surfrider Foundation (a Non -Profit Environmental Organization),
spoke in support of Agenda Item No. 25 - Ordinance that requires stores located in the City of
Huntington Beach to replace single -use plastic shopping bags with reusable bags. (01:08:15)
Anna Cummins, Co-founder of the 5 Gyres Institute (a Non -Profit Environmental Organization),
spoke in support of Agenda Item No. 25 - Ordinance that requires stores located in the City of
Huntington Beach to replace single -use plastic shopping bags with reusable bags. (01:11:35)
Zoe Florence, a 7-year old resident, read a prepared statement in support of Agenda Item No.
25 - Ordinance that requires stores located in the City of Huntington Beach to replace single -use
plastic shopping bags with reusable bags. (01:14:55)
Jeff Deffenbaugh, resident and professional surfer, spoke in support of Agenda Item No. 25 -
Ordinance that requires stores located in the City of Huntington Beach to replace single -use
plastic shopping bags with reusable bags. (01:17:10)
Robert Johnson, resident, spoke in opposition to Agenda Item No. 23 — Revised Inclusionary
Housing Program Regulations. In addition, he commented on his lawsuit versus The City of
Huntington Beach, which he lost. (01:17:42)
Stephanie Barger, Executive Director of Earth Resource Foundation, spoke in support of
Agenda Item No. 25 - Ordinance that requires stores located in the City of Huntington Beach to
replace single -use plastic shopping bags with reusable bags. (01:21:35)
Sherri Loveland, Co -Chair of the Orange County Interfaith Coalition for the Environment, spoke
in support of Agenda Item No. 25 - Ordinance that requires stores located in the City of
Huntington Beach to replace single -use plastic shopping bags with reusable bags. (01:23:35)
Catherine Johnson, lifelong resident, read a prepared statement in opposition to Agenda Item
No. 25 - Ordinance that requires stores located in the City of Huntington Beach to replace
single -use plastic shopping bags with reusable bags. (01:25:35)
Vanessa Bloom, a 13-year old resident, spoke in support of Agenda Item No. 25 - Ordinance
that requires stores located in the City of Huntington Beach to replace single -use plastic
shopping bags with reusable bags. (01:26:13)
Ray Hiemstra, Associate Director of Orange County Coastkeeper (a Non -Profit Environmental
Organization), spoke in support of Agenda Item No. 25 - Ordinance that requires stores located
in the City of Huntington Beach to replace single -use plastic shopping bags with reusable bags.
(01:27:37)
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Connie Ngo, a Cape Ann resident, questioned why the City of Huntington Beach and the
developer are listed as co -owners on her deed, and requested a written response. (01:28:26)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234
DISCLOSURE REPORTING
Councilmember Dwyer announced the Orange County Children's Theatre presentation of
Disney's "Beauty and the Beast" being held at the Huntington Beach High School Theatre on
Friday, August 19, at 7:30 PM, on Saturday, August 20, at 2:30 and 7:30 PM , and on Sunday,
August 21, at 2:30 PM. Admission is $14.
CITY MANAGER'S REPORT
City Manager Wilson reported that the Sierra Club Los Angeles Chapter's revised water
conservation rating for Huntington Beach is "Good" on a scale of Best, Good, Poor, and Worst.
City Manager Wilson presented two videos of a series of videos designed to promote the City's
10-Point Plan to promote business in Huntington Beach. The first video highlighted the Beach
and Edinger Corridors Specific Plan, and the second video reported on the developments at the
Village at Bella Terra.
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 July 29, 2011,
and the City Council/Redevelopment Agency/Public Financing Authority Regular Meeting of
August 1, 2011, as written and on file in the Office of the City Clerk. The motion carried by the
following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
2. Received and Filed City of Huntington Beach Strategic Plan Update.
A motion was made by Hansen, second Bohr to receive and file the new Six -Month Strategic
Objectives Grid. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
3. Approved Project Plans and Specifications and Awarded Construction Contract in
the Amount of $541,487.25 to Nobest Inc. for Reconstruction of Residential Streets
on the Tree Petition List at Glenhaven Lane, Tropicana Lane, and Whitney Drive,
Project CC-1394.
A motion was made by Hansen, second Bohr to approve the project plans and specifications for
the Reconstruction of Residential Streets on the Tree Petition List, for neighborhoods on
Glenhaven Lane, Tropicana Lane, and Whitney Drive, Project CC-1394; and, accept the lowest
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August 15, 2011
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responsive and responsible bid submitted by Nobest Inc. in the amount of $541,487.25; 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
4. Approved Project Plans and Specifications and Awarded Construction Contract in
the Amount of $61,080.34 to Sancon Engineering, Inc. for the Sewer Lining Project
at Beach Boulevard, Clarkdale Drive, and Cliff Drive, Project CC-1396.
A motion was made by Hansen, second Bohr to approve the project plans and specifications for
the Sewer Lining Project at Beach Boulevard, Clarkdale Drive, and Cliff Drive, Project CC-1396;
and, accept the lowest responsive and responsible bid submitted by Sancon Engineering, Inc. in
the amount of $61,080.34; 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
5. Approved project plans and specifications and awarded construction contract in
the amount of $244,950.00 to Garcia Juarez Construction Inc. for Beach
Boulevard Water Main Extension Projects, CC-1405 and CC-1407; and, authorize
the Mayor and City Clerk to execute a contract in a form approved by the City
Attorney.
A motion was made by Hansen, second Bohr to approve the project plans and specifications for
Beach Boulevard Water Main Extension Projects, CC-1405, and CC-1407; and, accept the
lowest responsive and responsible bid submitted by Garcia Juarez Construction Inc., in the
amount of $244,950.00; 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: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
6. Accepted Sureties for Public Improvements required of the Beach Promenade
Project located at 21022 - 21190 Beach Boulevard.
A motion was made by Hansen, second Bohr to accept the Faithful Performance Bond No.
PHSB01400001 and Labor and Material Bond No. PHSB000001, the sureties furnished for
installation of the required public improvements of the Beach Promenade Project located at
21022-21190 Beach Boulevard; and, instruct the City Clerk to file the bonds with the City
Treasurer. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
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August 15, 2011
Page 10 of 19
7. Adopted Resolution No. 2011-54 declaring the City's intention to levy an annual
assessment for fiscal year 2011-2012 within the Downtown Huntington Beach
Business Improvement District (BID) and schedule a Public Hearing for September
19, 2011.
A motion was made by Hansen, second Bohr to approve the Annual Report and Fiscal Year
2011-2012 Budget of the Huntington Beach Downtown Business Improvement District; and,
adopt City Council Resolution No. 2011-54, "A Resolution of the City Council of the City of
Huntington Beach Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year
2011-2012 Within the Huntington Beach Downtown Business Improvement District;" and, direct
the City Clerk to schedule a public hearing to be held on September 19, 2011, and send copies
of the Resolution of Intention, including the BID Boundary Map and assessment formula to each
business to be assessed, and publish same in a newspaper of general circulation as required.
The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
8. Adopted Resolution No. 2011-55 declaring the City's intention to levy an annual
assessment for fiscal year 2011/12 within the Huntington Beach Auto Dealers
Association Business Improvement District (BID) and schedule a Public Hearing
for September 19, 2011.
A motion was made by Hansen, second Bohr to approve the Annual Report and Fiscal Year
2011-2012 Budget of the Huntington Beach Auto Dealers Association Business Improvement
District; and, adopt City Council Resolution No. 2011-55, "A Resolution of the City Council of
the City of Huntington Beach Declaring the City's Intention to Levy an Annual Assessment
Within the Huntington Beach Auto Dealers Association Business Improvement District for Fiscal
Year 2011/12;" and, direct the City Clerk to schedule a public hearing to be held on September
19, 2011, and send copies of the Resolution of Intention and assessment formula to each
business to be assessed and publish the same in a newspaper of general circulation as
required. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
9. Adopted Resolution No. 2011-56 declaring the City's intention to levy an annual
assessment for fiscal year 2011-2012 within the Huntington Beach Hotel/Motel
Business Improvement District and schedule a Public Hearing for September 19,
2011.
A motion was made by Hansen, second Bohr to approve the Annual Report and Fiscal Year
2011-2012 Budget of the Huntington Beach Hotel/Motel Business Improvement District; and,
adopt City Council Resolution No. 2011-56, "A Resolution of the City Council of the City of
Huntington Beach Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year
2011-2012 Within the Huntington Beach Hotel/Motel Business Improvement District;" and, direct
the City Clerk to schedule a public hearing to be held on September 19, 2011, and send copies
of the Resolution and assessment formula to each business to be assessed and publish same
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in a newspaper of general circulation as required. The motion carried by the following roll call
vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
10. Accepted and approved expenditure of the County of Orange Supplemental Law
Enforcement Services (SLESF) Grant in the amount of $200,000 for Fiscal Year
2011-2012; established a separate business unit for this funding; appropriated
funds to purchase Leica Scan Station C10 and new Motorola Astro Digital 700/800
MHz radios; and approved the change in proposal for FY 2010-11 funding from
purchasing the SIRE Document Management System to purchasing the new Leica
ScanStation C10.
A motion was made by Hansen, second Bohr to accept the grant award of $200,000 from the
County of Orange SLESF for funding cycle year 2011-12; and, authorize the Chief of Police to
expend $200,000, plus any accrued interest; and, establish a separate business unit for this
funding; and, appropriate $200,000, plus any accrued interest to purchase the new Leica Scan
Station C10 and new Motorola Astro Digital XTS-5000 700/800 MHz radios for the remaining
balance in FY2011-12 funding; and, approve the change proposal for the FY2010-11 funding to
purchase the new Leica Scan Station C10.The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
11. Approved contractual agreement for Public Safety Helicopter Services to the City
of Newport Beach from present date through June 30, 2014.
Consent Item No. 11 was pulled for separate consideration by Councilmember Dwyer.
In response to Councilmember Dwyer's request, Police Chief Small stated that the City of
Newport Beach was satisfied with the service provided by Huntington Beach during the short-
term agreement that expires on August 31, 2011, and that the new three year agreement will
generate approximately $700,000 per year in gross income which can potentially be used to
offset budget shortfalls.
A motion was made by Dwyer, second Hansen to approve and authorize the Mayor and City
Clerk to execute the "Services Agreement for Public Safety Helicopter Support between the
City of Huntington Beach and the City of Newport Beach." The motion carried by the following
roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
12. Appropriated funds from Proposition 1 B Fund for the Edwards/Delaware
Rehabilitation Project, CC-1384.
A motion was made by Hansen, second Bohr to appropriate $445,000 from Proposition 1 B Fund
Balance to Account No. 21890008.82300. The motion carried by the following roll call vote:
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AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
13. Approved and authorized execution of a ten-year Lease Agreement for Kathy
May's Restaurant at Huntington Central Park.
Consent Item No. 13 was pulled for separate consideration by Mayor Carchio.
Mayor Carchio recommended that Section 10 (Rent) of the Lease Agreement be amended to
include a minimum base of 75 cents per square foot.
In response to Mayor Carchio's invitation, Kathy May (owner) stated that she agreed with Mayor
Carchio's recommended amendment.
In response to Councilmember Boardman's query, Mayor Carchio stated that the facility is
approximately 2,500 square feet, which results in a minimum rent of approximately $1,875 per
month.
In response to Councilmember Shaw's request, Ms. May described the planned improvements
to the facility.
In response to Councilmember Bohr's query, a discussion ensued regarding when the rent
commences, and the consensus was that the rent commences when a Certificate of Occupancy
is issued.
A motion was made by Carchio, second Hansen to approve and authorize the Mayor and City
Clerk to execute the "Lease Agreement between the City of Huntington Beach and Kathy May's
Restaurant, Inc. for a restaurant/food concession in Huntington Central Park" as amended to
include a 75 cents per square foot minimum base rent commencing when the Certificate
of Occupancy is issued. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
14. Accepted the Sewer Service Charge Performance Audit and suspended the annual
Consumer Price Index (CPI) adjustment of the Sewer Service Rates.
A motion was made by Hansen, second Bohr to accept the Sewer Service Charge Performance
Audit as presented; and, suspend the annual Consumer Price Index (CPI) adjustment of the
Sewer Service Rates. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
15. Adopted Ordinance No. 3915 instituting an updated version of Chapter 5.44 of the
Huntington Beach Municipal Code relating to Entertainment Permits Approved for
introduction August 1, 2011.
A motion was made by Hansen, second Bohr to adopt Ordinance No. 3915, "An Ordinance of
the City of Huntington Beach instituting Chapter 5.44 of the Huntington Beach Municipal Code
Relating to Entertainment Permits." The motion carried by the following roll call vote:
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AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
16. Adopted Ordinance No. 3916 approving Development Agreement No. 11-001 for
the Boardwalk (Nixed Use Project Approved for introduction on August 1, 2011.
A motion was made by Hansen, second Bohr to adopt Ordinance No. 3916, "An Ordinance of
the City of Huntington Beach Adopting a Development Agreement By and Between the City of
Huntington Beach and Freeway Industrial Park (Property Owner) and Sares-Regis Group
(Developer)." The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
17. Adopted Ordinance No. 3917 amending the City of Huntington Beach Municipal
Code by changing the makeup of the Personnel Commission and the terms of
appointment approved for introduction on August 1, 2011.
Consent Item No. 17 was pulled for separate consideration by Councilmember Dwyer.
Councilmember Dwyer stated that the majority of Committee and Board members prefer a 2-
year term, and opined that a 2-year term would provide the City Council with additional input
opportunities.
Councilmember Harper spoke in support of 2-year terms for Commissioners.
A motion was made by Dwyer, second Harper to adopt Ordinance No. 3917, "An Ordinance of
the City Council of the City of Huntington Beach Amending Chapter 2.72 of the Huntington
Beach Municipal Code, Relating to the Personnel System." The motion carried by the following
roll call vote:
AYES: Harper, Hansen, Carchio, Bohr, and Dwyer
NOES: Shaw, and Boardman
18. Adopted Ordinance No. 3918 opting -in to an alternative Redevelopment Program
Approved for introduction on August 1, 2011.
Consent Item No. 18 was pulled for separate consideration by Councilmember Dwyer.
In response to Councilmember Dwyer's inquiry, City Manager Wilson opined that this was the
right course of action.
A motion was made by Dwyer, second Hansen to adopt Ordinance No. 3918, "An Ordinance of
the City Council of the City of Huntington Beach, California, authorizing the City of Huntington
Beach to participate in the Alternative Voluntary Redevelopment Program, subject to certain
Conditions and Reservations." The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
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19. Approved additional contingency funds for.the Edison Community Center and
Youth Sports Complex, Phase 1, Park Improvements Project, CC-1346.
A motion was made by Hansen, second Bohr to approve an increase in appropriations of
$50,000 in business unit 95945101 for additional contingency funds for the Edison Community
Center and Youth Sports Complex, Phase 1, Park Improvements Project CC-1346. The motion
carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
20. Approved Enforceable Obligation Payment Schedule (EOPS) for Redevelopment
Agency as required by the State.
A motion was made by Hansen, second Bohr to approve the Enforceable Obligation Payment
Schedule. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
21. Adopted Resolution No. 2011-59 extending and modifying the current Huntington
Beach Firefighters' Association (HBFA) Memorandum of Understanding (MOU) by
adopting the Side Letter Agreement.
Consent Item No. 21 was pulled for separate consideration by Councilmember Dwyer.
Mayor Carchio read a prepared statement of his standpoints regarding Agenda Item No. 21, and
in closing stated that he supports adopting the Side Letter Agreement.
Councilmembers Dwyer, Boardman and Shaw spoke in support of adopting the Side Letter
Agreement.
Mayor Pro Tern Hansen and Councilmember Harper spoke in opposition to adopting the Side
Letter Agreement.
A motion was made by Dwyer, second Boardman to authorize the City Manager to sign the
Side Letter Agreement; and, adopt Resolution No. 2011-59, "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, Carchio, Bohr, Dwyer, and Boardman
NOES: Harper, and Hansen
PUBLIC HEARING
22. Adopted Resolution Nos. 2011-57 and 2011-58 to accept modifications to Local
Coastal Program Amendment No. 1-10 approved by the California Coastal
Commission and amended the Local Coastal Program accordingly (Downtown
Specific Plan Update).
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August 15, 2011
Page 15 of 19
Councilmember Bohr stated that he was exercising an abundance of caution given his prior
association with the Downtown Specific Plan, recused himself, left the dais and the Chamber for
the remainder of the item.
City Manager Wilson read the description of Agenda Item No. 22, and deferred to Associate
Planner Jennifer Villasenor.
Associate Planner Villasenor provided a PowerPoint presentation including slides titled:
Background, DTSP Update, Coastal Commission Action, Analysis: Parking, Analysis: Visitor -
Serving Commercial Overlay, and Analysis: Public Access, and Recommendation. Associate
Planner Villasenor stated that staff recommends acceptance of the Coastal Commission's
approved modifications.
Mayor Carchio opened the Public Hearing.
Richard Plummer, a spokesperson for Huntington Beach Neighbors, spoke in opposition to the
forfeiture of the grandfathered curfews which Huntington Beach adopted prior to the
establishment of the California Coastal Commission.
With no one else wishing to be heard, Mayor Carchio closed the Public Hearing.
Councilmember Boardman, City Attorney McGrath and Assistant City Attorney Field discussed
the California Coastal Commission's authority regarding the establishment of curfews.
Councilmember Boardman and Associate Planner Villasenor discussed the California Coastal
Commission's authority regarding the establishment of parking fees, times and the definition of
Visitor -Serving commercial businesses.
In response to Councilmember Shaw's query, Police Chief Small stated that the cost of
providing 24-hour patrolling of the beach areas would require further analysis.
Councilmember Shaw and Associate Planner Villasenor discussed the extent of the definition of
Visitor -Serving commercial businesses.
Councilmember Dwyer and Mayor Pro Tern Hansen opined that local public safety issues (for
example, curfews) were probably not at risk with the California Coastal Commission.
Councilmembers Boardman and Shaw stated the reasons why they oppose Agenda Item No.
22.
A motion was made by Dwyer, second Hansen to adopt Resolution No. 2011-57, "A
Resolution of the City Council of the City of Huntington Beach which acknowledges receipt of
the Coastal Commission action and accepts and agrees to Local Coastal Program Amendment
No. 1-10 as Modified;" and, adopt Resolution No. 2011-58, "A Resolution of the City Council of
the City of Huntington Beach amending Specific Plan No. 5 - Downtown Specific Plan and the
Coastal Element of the General Plan to conform to LCP Amendment No. 1-10 made by the
California Coastal Commission." The motion carried by the following roll call vote:
AYES: Harper, Hansen, Carchio, and Dwyer
NOES: Shaw, and Boardman
ABSTAIN: Bohr
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Page 16 of 19
AGENDA ITEM NO. 25 WAS CONSIDERED OUT OF ITS ORIGINAL AGENDA ORDER
A motion was made by Boardman, second Shaw to consider Agenda Item No. 25 before
Agenda Item No. 23. The motion carried by the following roll call vote:
AYES: Shaw, Bohr, Dwyer, and Boardman
NOES: Harper, Hansen, and Carchio
COUNCILMEMBER ITEMS
25. Submitted by Councilmembers Boardman, Dwyer and Shaw — Approved as
amended a request to develop an ordinance that requires stores located in the
City of Huntington Beach to replace single -use plastic shopping bags with
reusable bags.
Councilmember Dwyer provided a PowerPoint presentation entitled Proposed Plastic Bag
Ordinance. He noted that the proposed ordinance does not completely ban the use of plastic
bags for such items as vegetables and meats, dog excrement, and so forth, but does propose to
impose a fee of 10 cents per paper bag to be collected by stores to partially offset their costs.
Councilmember Boardman spoke regarding the ongoing litter removal costs caused by
discarded plastic bags, and the ecological harm caused by disintegrated plastic bags at sea.
Councilmember Harper stated his concern that the adoption of the ordinance may be premature
relative to the surrounding communities, and that Huntington Beach does not stand alone when
it comes to controlling the litter and water pollution caused by discarded plastic bags.
Mayor Pro Tern Hansen opined that Councilmember Harper's statements are relevant, and
further opined that a business -driven solution, as suggested by Ms. Catherine Johnson during
the Public Comments period, would be his choice.
Councilmember Bohr stated that he generally agreed with the concept of the ordinance, but felt
that further studies, reviews and findings were needed.
Councilmember Shaw spoke in support of the proposed ordinance.
A discussion ensued amongst Council members regarding the contents of the proposed
ordinance (for example, an educational component, an outreach program, an implementation
timeline, and so forth).
Mayor Carchio stated that he generally agreed with the concept of the proposed ordinance, but
also stated that he felt it was premature to adopt it as it currently exists.
The City Attorney stated that City staff needs specific guidance from the Council regarding the
development of the ordinance.
A motion was made by Dwyer, second Boardman to direct City staff to develop an ordinance to
require that stores located in the City of Huntington Beach replace single use plastic shopping
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Page 17 of 19
bags with reusable bags, where "reusable bag" means a bag that can be used 125 times or
more, as amended to utilize the Long Beach City Ordinance banning the use of plastic
bags as a basis, and direct staff to work with Rainbow's Educational Committee, the
Huntington Beach Environmental Board, et al, to design a plan for an outreach program,
an educational component, and an implementation timeframe that allows the affected
stores to liquidate their existing stock of plastic bags.
A substitute motion was made by Hansen, second Carchio to table consideration of Agenda
Item No. 25 to a date uncertain (that is, until the advocates return with an educational plan and
funding streams). The substitute motion failed by the following roll call vote:
AYES: Harper, Hansen, and Carchio
NOES: Shaw, Bohr, Dwyer, and Boardman
A discussion ensued amongst Council members regarding the time frame (measured in months)
during which the ordinance can be developed by City staff.
The original motion as amended carried by the following roll call vote:
AYES: Shaw, Bohr, Dwyer, and Boardman
NOES: Harper, Hansen, and Carchio
ADMINISTRATIVE ITEMS
23. Approved Revised Inclusionary Housing Program Regulations.
The City Manager reviewed the history of Agenda Item No. 23, and deferred to Kathy Head,
Managing Principal of the Los Angeles Office of Keyser Marston Associates, Inc.
Ms. Head provided a PowerPoint presentation entitled Affordable Ownership Housing
Regulations including slides titled: Regulations, Affordability Period, Enforcement Documents,
Applicability of Changes to the Regulations, Prospective Home Buyer List, Pricing Issues, Gift
Funds & Down Payments, Cash Out on Refinancing, Hardship Provision, Inheritance, and
Enforcement Measures.
Councilmember Dwyer spoke in opposition to Agenda Item No 23
Mayor Pro Tern Hansen and Mayor Carchio spoke in support of Agenda Item No. 23.
A motion was made by Hansen, second Bohr to approve Affordable Ownership Housing
Regulations - Developer Requirements; and, approve Affordable Ownership Housing
Regulations - Home Owner Requirements; and, appFeve Affordable Rental HOUSiRg
Regatasas amended by late communication received from Director of Economic
Development Stanley Smalewitz to remove consideration of Affordable Rental Housing
Regulations. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, and Boardman
NOES: Dwyer
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24. Denied the implementation and funding for the temporary conversion of the first
block of Main Street from two-way to one-way street.
City Manager Wilson read the description of Agenda Item No. 24, and deferred to
Transportation Manager Bob Stachelski. Transportation Manager Stachelski provided a
PowerPoint presentation entitled Downtown Circulation Concept including slides titled: Main
Street One -Way Concept, 1 st Block Existing, 1 st Block 1-Way, Anticipated Benefits,
Disadvantages, Current Status, Proposed Temporary Conversion Schedule, Potential
Permanent Conversion Process, Council Actions/Next Steps, and Questions & Comments.
Councilmember Shaw and Transportation Manager Stachelski discussed the potential
congestion problems (and potential solutions) associated with left and right turns onto Walnut
Street if Main Street comprises two one-way northbound lanes.
Councilmember Harper stated his skepticism regarding the benefits of the program.
Councilmember Bohr opined that the program is worth "a college try."
Councilmember Dwyer stated that he shares Councilmember Shaw's concerns regarding the
intersection of Main and Walnut Streets if Main Street comprises two one-way northbound
lanes.
Councilmember Boardman stated her concerns regarding the timing of the trial period, and
suggested that sometime after Labor Day might be more appropriate.
Mayor Pro Tem Hansen opined that the experiment needs to be conducted as designed and
scheduled.
Mayor Carchio opined that the program will not work because the true problem is pedestrian
traffic (versus motorized traffic) at Walnut and Main, which is not addressed by the program.
A motion was made by Hansen, second Bohr to approve the temporary conversion of the first
block of Main Street to one-way, approve the funding of the temporary conversion, and to
conduct studies to analyze the temporary conversion traffic conditions, as amended to limit
the temporary conversion to five (5) weeks, and to authorize the City Manager to cancel
the temporary conversion at any time if necessary. The motion failed by the following roll
call vote:
AYES: Hansen, Bohr, and Dwyer
NOES: Shaw, Harper, Carchio, and Boardman
COt1NCILMEMBER COMMENTS (Not Agendized)
Comments were provided by Councilmembers Dwyer, Harper, Bohr, Boardman, Shaw, and
Mayor Carchio.
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Page 19 of 19
ADJOURNMENT
At 10:58 PM, Mayor Carchio adjourned the meeting to a Special Meeting on Monday, August
22, 2011, at 4:00 PM in the Council Chambers and Closed Session on the 4T" Floor
Administration Conference Room #2, 2000 Main Street, Huntington Beach, California, 92648.
ATTEST:
4&.j 0 "-4.)
CkJ Clerk, Clerk, Agency tAerk, Secretary
19
City dkrk, ex-officio Clerk of We City
Council of the City of Huntington Beach,
Clerk of the Redevelopment Agency, and
Secretary to the Public Financing Authority
of the City of Huntington Beach, California
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