HomeMy WebLinkAbout2011-11-07Minutes
City Council/Redevelopment Agency/Public Financing Authority
City of Huntington Beach
Monday, November 7, 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/aaendas/
4:00 PM - ROOM B-8
CALL TO ORDER — 4:02 PM
ROLL CALL
Present: Shaw, Harper, Hansen, 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 Flynn announced one
supplemental communication received by her office following distribution of the Council agenda
packet:
PowerPoint communication received from Travis Hopkins, Director of Public Works, dated
November 7, 2011, entitled Water Budget Study.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3
Minute Time Limit) — None.
STUDY SESSION
1. The Public Works Department presented the initial findings of an Allocation Based Water
Rate Study. The study is being done in conjunction with a regional effort coordinated by the
Municipal Water District of Orange County (MWDOC) and is funded in part by a Prop 50
Department of Water Resources Grant
A PowerPoint presentation entitled Water Budget Study was presented by Sanjay Gaur with
Raftelis Financial Consultants, Inc. (RFC), that included the following titled slides: Agenda,
Water Enterprise - Current Challenges, Water Management Challenges, Conservation Rate
Structure, Important to Assign Value to End -uses of Water, Proposed Guiding Principles for the
Study, Which Customer Classes Should Have Conservation Rate Structure?, Water Rate
Structure Evolution, What is a Water Budget?, Conservation & Efficiency, Conservation Rate
Council/RDA/PFA Minutes
November 7, 2011
Page 2 of 12
Structures, Water Budget Allocation, Preliminary Usage Analysis Summary, Enhancing
Revenue Stability and Affordability, Tiered Price Justification and Prop 218, Tiered Rate
Components, Case Study: El Toro Water District (ETWD), Outcomes of Water Budget: ETWD,
Costs to Implement a Water Budget Rate Structure, Rate Structure Comparison, Next Steps,
City Council Direction, and Discussion.
Council comments/questions addressed the following:
• Who are the irrigation customers?
Y —18% of potential water usage reduction (Preliminary Usage Analysis Summary)
• Percentage of irrigation within single family rates
• Car washes
• Conservation rate structure and efforts to reduce rates
Incentives based on use
Tier 4 customers
• Funds earmarked for recycling
• Water Budget with (subjective) and without variance
• Need for new billing system
• Proposition 26
• Minimizing administrative costs
• Demonstration of water conservation by the Shipley Nature Center
• Losing money in conservation by paying higher administrative fees
The Council reached a consensus to continue evaluating the Water Budget Rate Structure and:
1) Develop the draft associated tiered rates and determine the customer impacts, 2) Conduct a
billing system assessment, and 3) Determine the staffing levels needed to support the water
budget rate structure.
RECESS TO CLOSED SESSION BY CONSENSUS - 5:00 PM
CLOSED SESSION
2. Pursuant to Government Code § 54957.6, the City Council recessed into 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.
3. Pursuant to Government Code § 54957, the City Council recessed into Closed Session to
discuss the following personnel matter: City Manager's Evaluation.
4. Pursuant to Government Code § 54956.9, the City Council recessed into Closed Session to
confer with the City Attorney regarding the following lawsuit: Leticia Sanchez v. City of
Huntington Beach, Orange County Superior Court Case No. 30-2010 00423471. In this case,
Plaintiff, Leticia Sanchez, claims that she tripped and fell on a utility cover at Pier Plaza.
5. Pursuant to Government Code § 54956.9, the City Council recessed into Closed Session to
confer with the City Attorney regarding the following lawsuit: Bolsa Chica Land Trust v. City of
Huntington Beach, Orange County Superior Court Case No. 30-2010-00398306.
Council/RDA/PFA Minutes
November 7, 2011
Page 3 of 12
6. Pursuant to Government Code § 54956.9, the City Council recess into Closed Session to
confer with the City Attorney regarding the following lawsuit: Huntington Beach Neighbors v.
City of Huntington Beach, Orange County Superior Court Case No. 30-2009-00325686.
7. Pursuant to Government Code § 54956.9, the City Council recessed into Closed Session to
confer with the City Attorney regarding the following lawsuit: Kennepohl v. City of Huntington
Beach, Orange County Superior Court Case No. 30-2010-00395316.
8. Pursuant to Government Code § 54956.9, the City Council recessed into Closed Session to
confer with the City Attorney regarding the following lawsuit: Pacific Mobile Home Park v. City of
Huntington Beach (Subdivision), Orange County Superior Court Case No. 30-2011-00497684.
9. Pursuant to Government Code § 54956.9, the City Council recessed into Closed Session to
confer with the City Attorney regarding the following lawsuit: Pacific Mobile Home Park, LLC v.
City of Huntington Beach (Atlanta Widening), Orange County Superior Court Case No. 30-2011-
00449749.
10. Pursuant to Government Code § 54956.9, the City Council recessed into Closed Session to
confer with the City Attorney regarding the following lawsuit: Omnipoint Communications, Inc. v.
City of Huntington Beach, U.S. District Court Case No. CV09-3777 RGK, Ninth Circuit Court of
Appeal Case Nos. 10-56877 and 10-56944, and related case T-Mobile West Corporation v. City
of Huntington Beach, U.S. District Court Case No. CV09-3777 RGK.
11. Pursuant to Government Code § 54956.9, the City Council recessed into Closed Session to
confer with the City Attorney regarding the following lawsuit:. T-Mobile West v. City of Huntington
Beach (Community United Methodist Church), U.S. District Court Case No. CV 10-2835.
6:00 PM - COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY
MEETING - 6:13 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 Dwyer
INVOCATION - Given by Father Christian Mondor, Sts. Simon and Jude Catholic Church
AWARDS AND PRESENTATIONS
Announcement - Mayor Carchio announced that November is National Native American
Heritage Month as part of the City's Human Relations Task Force Federal Heritage Month
program.
Council/RDA/PFA Minutes
November 7, 2011
Page 4 of 12
Presentation - Mayor Carchio called on Sharon Koch from the Orange County Climate Change
Committee of the Sierra Club to make a presentation to the City for the solar powered buildings.
Presentation - Mayor Carchio called on Dorothy Ralphs from the Sea Isle Garden Club to thank
the City Council for their financial support toward the completion of the Edinger Parkway Project
that has been worked on for the last seven years. A video presentation on the Edinger Parkway
Project was provided.
Presentation - Mayor Carchio called on Cultural Services Supervisor Kate Hoffman to introduce
the Academy for the Performing Arts students and teachers who participated in the Art Walk
Thriller Dance on October 19th. Celeste Hamil representing the Downtown Business
Improvement District (BID) recognized the efforts of APA students Madison Diskant and Allison
Eguehi.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (RECEIVED AFTER AGENDA
DISTRIBUTION)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced supplemental
communications received after distribution of the City Council agenda packet:
Communication for Consent Item No. 10 received from Travis Hopkins, Director of Public Works
dated November 7, 2011, entitled Supplemental Communication submitting replacement pages
10-4, 10-12 and 10-13 of the 2011 Traffic Signal Priority List.
Communication for Consent Item No. 12 received from Michele Carr, Director of Human
Resources, dated November 7, 2011, entitled Late Communication: Replacement Side Letter
for the Management Employees' Association.
Communication for Consent Item No. 12 received at the meeting from Dan Gooch dated
November 7, 2011, entitled Remarks to the Huntington Beach City Council.
PowerPoint communication for Ordinance for Introduction Item No. 16 received from Ken Small,
Police Chief, dated November 7, 2011, entitled Prohibiting Registered Sex Offenders in Parks.
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.surfcity-hb./org/government/agendas/).
Stephanie Deagle, Event Chair for Relay for Life Huntington Beach, spoke to Council
about recent fundraising events and announced that on January 26, 2012 from 6:00 to 8:00 PM,
the Seacliff Country Club will sponsor a kick-off party and silent auction to raise funds for the
American Cancer Society. (00:32:13)
Robert Johnson voiced concerns about the number of changes that have affected the affordable
housing regulations affecting homeowners in the Cape Ann development. (00:34:27)
Dan Gooch spoke in opposition to Consent Item No. 12, the Management Employees
Organization (MEO) side letter agreement and submitted written comments to Council.
(00:37:46)
Council/RDA/PFA Minutes
November 7, 2011
Page 5 of 12
Fred Provencher, HB Reads One Book, spoke to Council about HB Reads support for Autism,
and announced that on March 21, 2012, Temple Grandin will make an appearance at the
Huntington Beach Central Library. He also highlighted Ms. Grandin's book Emergence:
Labeled Autistic. (00:40:56)
Diane Adams, HB Reads One Book, spoke to Council about Autism and her personal
experience raising an autistic son, and informed Council of the Central Library's plans to show
four films related to Autism, starting with HBO's award -winning story of Temple Grandin starring
Claire Danes on November 17, 2011. (00:42:50)
Susan Schroeder, Orange County District Attorney's Office, spoke in support of Agenda Item
No. 16 (Sex Offender Prohibition Ordinance). (00:49:48)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234
DISCLOSURE REPORTING
Reports provided by Councilmembers Harper and Dwyer, and Mayor Carchio.
Councilmember Bohr submitted a written report that will be made available in the City Clerk's
office.
CITY MANAGER'S REPORT
City Manager Fred Wilson announced the City's receipt of Certificate of Achievement for
Excellence in Financial Reporting by the Finance Officers Association of the United States and
Canada.
CITY TREASURER'S REPORT
1. Received and Filed the City Treasurer's September 2011 Investment Summary Report
City Treasurer Alisa Cutchen gave a PowerPoint presentation entitled Treasurer's Investment
Report City of Huntington Beach, with the following titled slides: Treasurer's Mission:
Preservation and Return of Investment, Risk versus Reward: A Balance, Portfolio Overview As
of September 30, 2011, Portfolio Book Value Monthly for FY 2010-2011, Security Distribution by
Type, Allowable Investments, 2-Year Constant Maturity Treasury January - September, 2011,
Annual Rates of Return, and Questions.
A motion was made by Boardman, second Dwyer to receive and file the Monthly Investment
Report for September 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:
AYES: Shaw, Harper, Carchio, Bohr, Dwyer, and Boardman
NOES: None
ABSTAIN: Hansen
CITY ATTORNEY'S REPORT
Council/RDA/PFA Minutes
November 7, 2011
Page 6 of 12
2. Report given on Notice of Filed Cross -Complaint. City of Huntington Beach; Redevelopment
Agency of Huntington Beach v. Michael Mahan; Robert Leggett, Josephine Leggett, Orange
County Superior Court Case No. 30-2011-00509010
CONSENT CALENDAR
Councilmember Boardman pulled Item No. 10 for separate discussion, and recorded a "no" vote
on Item No. 13; Mayor Pro Tem Hansen recorded a "No" vote on Item Nos. 12, 13 (which he
later changed to a "Yes" prior to the call to vote), and 14; Councilmember Harper pulled Item
No. 14 for separate discussion and recorded a "No" vote on Item Nos. 12 and 13;
Councilmember Dwyer recorded a "No" vote on Item No. 12; Councilmember Shaw recorded a
"No" vote on Item No. 13; and, Mayor Carchio recorded a "No" vote on Item No. 14.
3. 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 October 3, 2011,
the City Council/Redevelopment Agency/Public Financing Authority Regular Meeting of October
17, 2011, and the City Council/Redevelopment Agency/Public Financing Authority Special
Meeting of October 24, 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
4. Approved and authorized execution of contract extension Amendments to Professional
Services Contracts with AKM Consulting Engineers, Harris & Associates, and Psomas to
complete design services for various Public Works projects
A motion was made by Hansen, second Bohr to approve and authorize the Mayor and City
Clerk to execute "Amendment No. 1 to Agreement Between The City of Huntington Beach and
AKM Consulting Engineers", to extend the existing professional service contract for 1 additional
year; and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to
Agreement Between The City of Huntington Beach and Harris & Associates", to extend the
existing professional service contract for 2 additional years; and, approve and authorize the
Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between The City of
Huntington Beach and Psomas," to extend the existing professional service contract for 1
additional year. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
5. Approved and authorized execution of an Agreement with Greener Corners, LLC and
Rainbow Disposal Company, Inc. dba Rainbow Environmental Services for Public Recycling
Program
A motion was made by Hansen, second Bohr to authorize the Mayor and City Clerk to execute
the "Non -Exclusive Agreement and License to Install Waste Receptacles" between the City and
Greener Corners, LLC and Rainbow Disposal Company, Inc., dba Rainbow Environmental
Services that has been approved to form by the City Attorney; and, authorize the City Manager
Council/RDA/PFA Minutes
November 7, 2011
Page 7 of 12
to execute all documents in furtherance of this Agreement. The motion carried by the following
roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
6. Approved and authorized execution of a Memorandum Of Understanding (MOU) agreement
between the City and the California Highway Patrol (CHP)-Westminster Area authorizing the
Police Department to handle traffic collision investigations on approximately 1990 feet of
roadway in the area of Pacific Coast Highway and Warner Avenue
A motion was made by Hansen, second Bohr to approve and authorize the Mayor and City
Clerk to execute the "Memorandum Of Understanding Between The City of Huntington Beach
and The California Highway Patrol -Westminster Area" regarding traffic collision investigations in
the area of Pacific Coast Highway and Warner Avenue. The motion carried by the following roll
call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
7. Approved the appointments of Chris Ann Lunghino, Jeff Coffman and Deborah Orrill and the
re -appointments of Kim Nicholson and Mike Marshall to the Environmental Board
A motion was made by Hansen, second Bohr to approve the appointments to the Environmental
Board of Chris Ann Lunghino, Jeff Coffman, and Deborah Orrill to the Environmental Board for
first terms to expire June 30, 2015, as recommended by City Council liaisons Boardman, Shaw
and Bohr; and, approve the re -appointment of Kim Nicholson and Mike Marshall to serve a
second term to expire on June 30, 2015. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
8. Approved the appointments of Celeste Hamil, Elise Hartman and Dale Skerik and the re-
appointments of Kara Rudin, Matthew Rudin and Catherine Stip to the Allied Arts Board
A motion was made by Hansen, second Bohr to approve the appointments of Celeste Hamil to a
term expiring June 30, 2015, and Elise Hartman and Dale Skerik to terms expiring June 30,
2013, as recommended by Council liaisons Boardman, Dwyer, and Harper; and, approve the re-
appointments of Kara Rudin, Matthew Rudin, and Catherine Stip to terms expiring June 30,
2015, as recommended by Council liaisons Boardman, Dwyer, and Harper. The motion carried
by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
Council/RDA/PFA Minutes
November 7, 2011
Page 8 of 12
9. Approved the Citywide Traffic Signal Left Turn Phasing Study
A motion was made by Hansen, second Bohr to approve the Citywide Traffic Signal Left Turn
Phasing Study. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
10. Approved the Recommended 2011 Traffic Signal Priority List
The item was pulled for separate consideration by Councilmember Boardman to request that
Signal #44 (Sugar/McFadden) be moved to #17 on the priority list.
A motion was made by Boardman, second Dwyer to approve the 2011 Recommended Traffic
Signal Priority List as amended by supplemental communication and amended to move
#44 (Sugar & McFadden) to #17 on the list of priorities. The motion carried by the following
roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
11. Approved and authorized execution of a Film Production License Agreement between the
City and LMNO Cable Group, Inc., for the production of episodes of a television series for The
Weather Channel based upon the on -duty activities of Southern California lifeguards
A motion was made by Hansen, second Bohr to approve and authorize the Mayor and City
Clerk to execute a Film Production "License Agreement Between the City of Huntington Beach
and LMNO Cable Group, Inc.," to allow the production of a television series to include the on -
duty activities of the Huntington Beach Marine Safety Division. The motion carried by the
following roll call vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, and Boardman
NOES: None
12. Authorized the City Manager to sign the Side Letter of Agreement and adopt Resolution No.
2011-82 extending and modifying the current Management Employees' Organization (MEO)
Memorandum of Understanding (MOU) by adopting a Side Letter of Agreement
A motion was made by Hansen, second Bohr to authorize the City Manager to sign the Side
Letter Agreement; and, adopt Resolution No. 2011-82, "A Resolution of the City Council of the
City of Huntington Beach Amending The Memorandum of Understanding Between The City and
The Huntington Beach Management Employees' Organization (MEO), By Adopting The Side
Letter Agreement." The motion carried by the following roll call vote:
AYES: Shaw, Carchio, Bohr, and Boardman
NOES: Harper, Hansen, and Dwyer
13. Adopted Ordinance No. 3923 amending the Huntington Beach Municipal Code by adopting
an ordinance that abolishes the consolidated Finance and Investment Advisory Board Approved
for introduction October 17, 2011
Council/RDA/PFA Minutes
November 7, 2011
Page 9 of 12
A motion was made by Hansen, second Bohr to adopt Ordinance No. 3923, "An Ordinance of
the City of Huntington Beach Amending Title 2 of the Huntington Beach Municipal Code by
Repealing and Deleting Chapter 2.109 Thereof Pertaining to the Finance and Investment
Advisory Board." The motion carried by the following roll call vote:
AYES: Hansen, Carchio, Bohr, and Dwyer
NOES: Shaw, Harper, and Boardman
14. Adopted Ordinance No 3924 amending Title 2 of the Huntington Beach Municipal Code by
amending various sections pertaining to The Allied Arts Board, The Environmental Board, The
Historic Resources Board, The Library Board and The Mobile Home Advisory Board Approved
for introduction October 17, 2011
The item was pulled for separate consideration by Councilmember Harper to act on the Mobile
Home Advisory Board separately.
A motion was made by Harper, second Dwyer to approve and adopt Ordinance No 3924, "An
Ordinance of the City of Huntington Beach Amending Title 2 of the Huntington Beach Municipal
Code by Amending Various Sections Thereof Pertaining to The Allied Arts Board, The
Environmental Board, The Historic Resources Board, The Library Board, and the Mobile Home
Advisory Board," and take action on the Mobile Home Advisory Board separately. 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 Boardman, second Shaw to approve and adopt the Mobile Home
Advisory Board portion of Ordinance No 3924, "An Ordinance of the City of Huntington Beach
Amending Title 2 of the Huntington Beach Municipal Code by Amending Various Sections
Thereof Pertaining to The Allied Arts Board, The Environmental Board, The Historic Resources
Board, The Library Board and The Mobile Home Advisory Board." The motion carried by the
following roll call vote:
AYES: Shaw, Bohr, Dwyer, and Boardman
NOES: Harper, Hansen, and Carchio
PUBLIC HEARING
15. Approved Zoning Map Amendment No. 11-001 (Open Space - Parks and Recreation to Low
Density Residential at City Yard) by approving for introduction Ordinance No. 3925
Senior Planner Ricky Ramos provided a PowerPoint entitled Zoning Map Amendment No. 11-
001 that included the following titled slides: Project Location, Request, Background, Planning
Commission, and Recommendation.
Mayor Carchio opened the public hearing.
With no one present to speak on the item, Mayor Carchio closed the public hearing.
Council/RDA/PFA Minutes
November 7, 2011
Page 10 of 12
Councilmember Dwyer and Planner Ramos discussed research on oversight of open space for
homeowners.
Councilmember Boardman voiced concerns about rezoning open space, recommending that the
property may serve as a community garden. Councilmember Shaw concurred and suggested
delaying action on the item to consider a community garden at the location. Councilmember
Dwyer indicated the size of the lot was too small for community garden use.
A motion was made by Hansen, second Bohr to adopt Zoning Map Amendment No. 11-001 with
findings for approval and after the City Clerk reads by title, approve for introduction Ordinance
No. 3925, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach
Zoning and Subdivision Ordinance by Changing the Zoning Designation From OS-PR-FP2
(Open Space - Parks and Recreation - Floodplain Overlay District) to RL-FP2 (Low Density
Residential - Floodplain Overlay District) On Real Property Located On The South Side of Ford
Drive and East of Canna Circle (Zoning Map Amendment No. 11-001)." The motion carried by
the following roll call vote:
AYES: Harper, Hansen, Carchio, Bohr, and Dwyer
NOES: Shaw, and Boardman
ORDINANCES FOR INTRODUCTION
16. Approved for introduction Ordinance No. 3926. Adding Chapter 9.22 of the Huntington
Beach Municipal Code creating a Child Safety Zone - Sex Offender Prohibition
Police Chief Small provided a PowerPoint presentation entitled Prohibiting Registered Sex
Offenders in Parks with titled slides: Registered Sex Offenders, Background, Proposed
Ordinance, Proposed Ordinance Does Not Apply To:, Violation of the Ordinance, Alternative
Actions, and Questions?
A motion was made by Bohr, second Boardman to approve for introduction the staff
recommended version of Ordinance No. 3926, "An Ordinance of the City of Huntington Beach
Amending The Huntington Beach Municipal Code by adding Chapter 9.22 Titled ChildSafety
Zone - Sex Offender Prohibition."
Councilmember Harper voiced support for Alternative Options 1 and 2, and requested that
Susan Schroeder representing the Orange County District Attorney's Office address exemptions
within the ordinance.
Councilmember Dwyer and Chief Small discussed how levels of convictions determine whether
or not a known sex offender is required to register in the Megan's Law database.
Councilmember Boardman and Chief Small discussed sex offenders who loiter in parks, and the
number of sex crimes in parks reported by City workers or contractors. Councilmember
Boardman also voiced concerns about the children of sex offenders who may be penalized
when they cannot participate in youth sports, library activities, etc. because their parents are
prohibited from entering certain properties.
Councilmember Harper and Ms. Schroeder discussed exemptions not listed in Alternative
Council/RDA/PFA Minutes
November 7, 2011
Page 11 of 12
Option 1 (a & b), and Ms. Schroeder discussed a criminal case to demonstrate that parenthood
doesn't necessarily prevent a sex offender from committing additional violent act.
Councilmember Boardman and Ms. Schroeder discussed parents who use their children to gain
access to other children, or lure children into their company.
Councilmember Harper voiced support for the City to mirror the County ordinance, and asked
Ms. Schroeder to describe like ordinances passed in other Orange County cities.
Councilmember Dwyer and Ms. Schroeder discussed granting exemptions.
Councilmember Bohr discussed rehabilitating sex offenders to become responsible parents.
Councilmember Shaw and Chief Small discussed the Chief's length of service in law
enforcement and why he and the City Attorney, support the ordinance as recommended with
exemption above the alternatives. Chief Small discussed differences among the 86,000
registered sex offenders in California, and why exceptions are reasonable.
Councilmember Harper stated support for Alternatives 1 and 3.
Mayor Carchio discussed sex -offending parents who abuse their own children, and voiced
support for the strongest regulations that could be adopted.
Councilmember Hansen discussed not carving out exceptions, stating his opinion that sex
offenders should never work in parks.
A substitute motion was made by Hansen, second Harper to approve for introduction
Ordinance No. 3926 (Alternative 3), "An Ordinance of the City of Huntington Beach Amending
The Huntington Beach Municipal Code by adding Chapter 9.22 Titled Gh#d caA* Zone — Sex
Offender Prohibition," as amended to strike Sections 9.22.020 (a), (b) and (c), Section
9.22.040 and also the reference to section 9.22.040 from section 9.22.030. Remove the
words "Child Safety Zone" from the Ordinance title and the Section listing for 9.22.030.
The motion carried by the following roll call vote:
AYES: Harper, Hansen, Carchio, and Dwyer
NOES: Shaw, Bohr, and Boardman
COUNCILMEMBER COMMENTS (Not Agendized)
Comments were provided by Councilmembers Shaw, Harper, Dwyer, Boardman, Bohr, and
Carchio
Mayor Carchio announced a celebration of life held on November 22 at 2:00 PM to honor the
passing of Ocean View High School Coach Jim Harris.
Council/RDA/PFA Minutes
November 7, 2011
Page 12 of 12
ADJOURNMENT
At 8:40 PM, the meeting was adjourned to the next Regular Meeting of Monday, November 21,
2011, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
f,
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City C16A and ex-officio Clerk the City Council of
the City of Huntington Beach, Clerk of the
Redevelopment Agency of the City of Huntington
Beach, and Secretary of the Huntington Beach Public
Finance Authority of the City of Huntington Beach,
California
ATTEST:
liv000-
Citi/Clerk, Agency Clerk, Uthority
Secretary