HomeMy WebLinkAbout2012-01-17Minutes
City Council/Redevelopment Agency/Public Financing Authority
City of Huntington Beach
Tuesday, January 17, 2012
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 - 4:02 PM
ROLL CALL
Present: Shaw, Harper, Dwyer, Hansen, Carchio, and Bohr
Absent: Boardman (arrived 5:11 PM)
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (RECEIVED AFTER AGENDA
DISTRIBUTION)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced receipt
of supplemental communication received by her office following distribution of the
Council agenda packet.
PowerPoint communication for Study Session Item No. 1 received from Lori Ann Farrell,
Director of Finance, dated January 17, 2012, entitled Multi -Year Budget Update and Discussion.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3
Minute Time Limit)
Joe B. Munoz, 47-year resident, spoke in opposition to legalizing the sale and discharge of safe
and sane fireworks in Huntington Beach.
STUDY SESSION
1. Presentation made by the Director of Finance, Lori Ann Farrell, regarding the following items:
1) Preliminary unaudited FY 10/11 General Fund Year -End Performance; 2) The Long Term
Financial Plan Update and Multi -Year Financial Outlook; and, 3) A Review of the City's Financial
Policies and Reserves.
Council/RDA/PFA Minutes
January 17, 2012
Page 2 of 16
Finance Director Lori Ann Farrell provided a PowerPoint presentation entitled Multi -Year Budget
Update and Discussion dated January 17, 2012 with titled slides: Summary, FY 10/11 Budget
Performance (Unaudited 9/30/11), FY 10/11 and FY 11/12 Budget Accomplishments, External
Factors Impacting City Budget (including RDA), External Factors Affecting Budget, What is our
multi -year outlook as a result?, Long Term Financial Plan (LTFP), LTFP Scenario 1, Scenario 2
w/o RDA Transfer, Review of Equipment Reserves and Financial Policies, Equipment Inventory
and Reserves Update, Equipment Inventory and Reserves, Financial Policies Review, Financial
Accomplishments, Discussion and Council Direction, and Questions or Comments?
Councilmember Dwyer and Director Farrell discussed the disposition of a $6M payment relating
to redevelopment, and backfilling budgeted positions during a hiring freeze.
In response to Councilmember Dwyer's inquiry about an infrastructure budget shortfall in the
Capital Improvement Program (CIP), City Manager Wilson stated the issue would be discussed
at the Strategic Planning Retreat on Friday, January 27.
Mayor Hansen and City Manager Wilson discussed State take away of $4.9M to secure
financial obligations and how the $4.9M figure represents debt service on loans the
Redevelopment Agency owes to the City.
Councilmember Dwyer questioned the state's pending decision and whether or not the $4.9M
will be taken or maintained.
Councilmember Carchio and staff discussed how capital equipment is reaching its amortized
sunset (useful period requiring complete replacement). Discussion ensued on what annual
funding the City truly needs to maintain its equipment base.
Councilmember Bohr questioned why annexation of Sunset Beach was not on the
accomplishments page.
Councilmember Carchio recommended re -tasking redevelopment employees to work on finding
businesses to fill vacant business locations downtown.
Lengthy discussion took place on the PARS Liability amortization schedule and whether or
not the City would benefit from paying off the loan early. It was decided that the City would wait
to make a decision on early PARS repayment.
In response to an inquiry from Councilmember Carchio, Finance Director Farrell reported on
reserve balances.
Councilmember Shaw and Finance Director Farrell discussed how moving money in and out of
reserve funds affects the City's credit rating, and Councilmember Bohr voiced concerns about
placing money into reserves and not being able to use it without a catastrophic event when it
may be necessary for litigation, sidewalk maintenance, etc.
Staff received direction to follow the established Financial Reserve Policy and deposit the year-
end balance from the FY 10-11 budget cycle into the Economic Uncertainties Reserve.
RECESS TO CLOSED SESSION - 5:10 PM
Council/RDA/PFA Minutes
January 17, 2012
Page 3 of 16
A motion was made by Carchio, second Shaw to recess to Closed Session. The motion carried
by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, and Bohr
NOES: None
ABSENT: Boardman
CLOSED SESSION
Councilmember Boardman arrived in time to attend Closed Session.
2. 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, Orange County Superior Court Case No. 30-2011-00497684,
challenging the City's denial of Tentative Tract Map No. 17397 and CDP No. 10-017, to
subdivide an existing for -rent mobile home park of 252 units for ownership purposes.
3. 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, Orange County Superior Court Case No. 30-2011-00449749,
challenging the City's adoption of a mitigated negative declaration under CEQA for the Atlanta
Avenue Widening Project.
to renfeF with the Gity AftOFney FegaFd*ng the f0I10WiRg lawsuit: Keith Bateman Y. Gity-of
4. PuFsuant te GevemmeRt Gede § 54956.9, the Gity GOURGA shall r-eGess onto Closed sessieR
5. Pursuant to Government Code § 54956.9, the City Council recessed into Closed Session to
confer with the City Attorney regarding the following lawsuit: Hillcrest Contracting, Inc. v. City of
Huntington Beach, et al., (consolidated with Griffin Dewatering Corp. v. Dorsey Dean Allison, et
al., Orange County Superior Court Case No. 30-2010-00344707. In this case, Plaintiff
(contractor) claims the City breached its contract for worked performed on the Newland Street
Improvement Plan.
6. Pursuant to Government Code § 54956.9, the City Council recessed into Closed Session to
confer with the City Attorney regarding MCP v. Vadnais, et al., Orange County Superior Court
Case No. 30-2008 00113320. This lawsuit includes a City cross -complaint against Bureau
Veritas concerning its failure to successfully design the Warner Avenue Gravity Sewer line, and
defend the City against Vadnais' suit against the City.
7. Pursuant to Government Code Section 54956.8, the City Council recessed to Closed
Session to confer with the City Attorney regarding the purchase, sale, or exchange of the
following property: Hilton and Hyatt, 21500 and 21100 Pacific Coast Hwy at APN 024-251-01,
024-252-01, and 024-252-02 in the City of Huntington Beach.
8. Pursuant to Government Code Section 54956.8, the City Council recessed to Closed
Session to confer with the City Attorney regarding the purchase, sale, or exchange of the
following properties: 7872 Edinger Ave (Big O) at APN 142-081-28, 142-081-06, 142-081-
09, 142-081-10, 142-081-11, and 142-081-12 in the City of Huntington Beach.
Council/RDA/PFA Minutes
January 17, 2012
Page 4 of 16
9. Pursuant to Government Code Section 54956.8, the City Council recessed to Closed
Session to confer with the City Attorney regarding the purchase, sale, or exchange of the
following property: Center Ave near McFadden at APN 142-073-03 in the City of Huntington
Beach.
10. Pursuant to Government Code Section 54956.8, the City Council recessed to Closed
Session to confer with the City Attorney regarding the purchase, sale, or exchange of the
following property: Gothard/Center (Westminster Parcel) at APN 142-311-34 in the City of
Westminster.
6:00 PM - COUNCIL CHAMBERS
RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY
MEETING - 6:18 PM
CLOSED SESSION REPORT BY CITY ATTORNEY - None.
ROLL CALL
Present: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
Absent: None
PLEDGE OF ALLEGIANCE - Led by Commander Steven Ruggiero, Bronze Star recipient and
recent returning Veteran from Afghanistan. Commander Ruggiero also presented Mayor
Hansen a flag that was flown over the U.S. Embassy in Afghanistan and a written
commendation from the United States Marine Corp.
INVOCATION - Given by Tom Hohman, Huntington Beach Interfaith Council
AWARDS AND PRESENTATIONS
Presentation - Mayor Hansen called on Thomas Herbel, Vice President of the American Public
Works Association (APWA) Southern California Chapter, to present to the City the "APWA
Project of the Year Award" for the Utilities Operation Yard Upgrade Project.
Presentation - Mayor Hansen called on Colonel Peter Seitz from the California State Military
Reserve (CSMR) to introduce Sergeant Cristina Pernas-Ortiz who was selected as the 2011
CSMR State Soldier of the Year.
Mayor's Award - Mayor Hansen called on Human Resources Director Michele Warren to
present the Mayor's Award to Senior Personnel Analyst Jaymie Liu
Director Warren described Jamie's hard work and dedication on behalf of the organization, and
thanked her for her service.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (RECEIVED AFTER AGENDA
DISTRIBUTION)
Council/RDA/PFA Minutes
January 17, 2012
Page 5of16
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan L. Flynn announced the following
Supplemental Communications received by her office following distribution of the Council
agenda packet:
Communication for Consent Item No. 10 received from Robert Sternberg, dated November 21,
2011, regarding Center Avenue paving project.
Communication for Consent Item No. 12 received from Business Services Manager Behzad
Zamanian entitled First Amendment to Statement of Work for 1/CAD/-1/LEADS RMS Upgrade
with Mobile to MPS Migration.
PowerPoint communication for Public Hearing Item No. 15 received from the Planning
Department entitled T-Mobile Wireless Communications Facility.
Project photographs and specifications for Public Hearing Item No. 15 received from the
Planning Department.
Communication for Ordinances for Introduction Item No. 17 received from Kenneth W. Small,
Chief of Police, dated January 12, 2012 regarding the proposed ordinance to allow "Safe and
Sane" Fireworks.
Communications from various individuals for Ordinances for Introduction No. 17 regarding the
proposed ordinance to legalize fireworks: Shelby McCabe, T. LaMantia, Susan Larsen, Ed
Wick, John & Georgia Woods, and Robert Radlein.
Communication received from unknown party for Ordinances for Introduction No. 17 dated
January 12, 2012 and entitled Citizen Petition to Huntington Beach City Council.
Communication for Councilmember Items No. 18 received from Tim Geddes, dated January 13,
2012 regarding the proposed Banning Avenue/19th Street Bridge.
Communication for Councilmember Items No. 18 received from Linda Scott, dated January 16,
2012 regarding the proposed Banning Avenue/19th Street Bridge.
PUBLIC COMMENTS (3 Minute Time Limit)
(The number (hh:mm:ss) following the speaker's comments indicates the approximate starting
time in the archived video located at http://www.surfcity-hb./org/government/agendas/).
Craig Sheets voiced concerns about his presumed knowledge of nuclear warheads existing on
oil platforms, and freight liners harboring illegal weapons. He distributed printed materials to
Council. (00:19:49)
Rick Mitchell spoke in opposition to Consent Item No. 17, the sale and discharge of safe and
sane fireworks in Huntington Beach. (00:21:48)
Council/RDA/PFA Minutes
January 17, 2012
Page 6 of 16
Merle Moshiri spoke in opposition Consent Item No. 17, the sale and discharge of safe and
sane fireworks in Huntington Beach, and in support of Councilmember Item No. 18, opposing
the Banning Avenue /19th Street Bridge. (00:24:25)
Don Dillon, Orange County Grand Jury, spoke to Council about the agency's activities,
employment, and opportunities for public participation. (00:25:59)
Alison Goldenberg, Huntington Beach Downtown Residents Association (HBDRA), spoke in
support of Councilmember Item No. 18, opposing the Banning Avenue /19th Street Bridge,
and in opposition to Consent Item No. 17, the sale and discharge of safe and sane fireworks in
Huntington Beach. (00:28:15)
Tim Geddes spoke in support of Councilmember Item No. 18, opposing the Banning Avenue/
19th Street Bridge. (00:29:11)
Maria Toner, Edison High School Band Boosters Association, spoke in favor of Consent Item
No. 17, the sale and discharge of safe and sane fireworks in Huntington Beach. (00:31:47)
Doug Sebastian, KinderVision Founder, and Andy Mars, Mars Media Family, spoke to Council
about raising funds to protect children in Huntington Beach. They discussed activities and
events, including an upcoming event on Monday, September 30 at Seacliff Country Club where
Huntington Beach Police Officer Ryan Smith will be honored for outstanding service. (00:34:08)
Dianne Larson encouraged Council to adopt an amended zoning ordinance that addresses the
approval criteria and permit process for placement of wireless communication facilities citywide.
(00:39:23)
Darlene D. DeAngelo, Vice Chair of John Wayne Airport Arts Commission, spoke to Council
about the Airport Arts Program, provided visual slides, and discussed the "Flight of Ideas"
exhibit. (00:42:40)
Jack Kirkorn spoke in opposition to Consent Item No. 17, the sale and discharge of safe and
sane fireworks in Huntington Beach, and in support of Councilmember Item 18, opposing the
Banning Avenue/19th Street Bridge. (00:46:15)
Jodie Wollman spoke in support of Councilmember Item No. 18, opposing the Banning
Avenue/19th Street Bridge, and thanked Council for their support in retaining the Mobile Home
Advisory Board. (00:48:38)
Dave Brody, HB Friday Night Lights Flag Football Organization, spoke in support of Consent
Item No. 17, the sale and discharge of safe and sane fireworks in Huntington Beach. (00:51:16)
Benji Medure, Huntington Beach High School Baseball Program Administrator representing the
HB Baseball Booster Program, spoke in support of Consent Item No. 17, the sale and discharge
of safe and sane fireworks in Huntington Beach. (00:52:29)
Councilmember Carchio and Coach Medure discussed the number of fundraising events held
this year to support the program.
Council/RDA/PFA Minutes
January 17, 2012
Page 7 of 16
Clem Dominguez spoke to Council in opposition to Consent Item No. 17, the sale and discharge
of safe and sane fireworks in Huntington Beach. (00:56:06)
John Kelly, Vice President, Government Relations, TNT Fireworks, spoke to Council in support
of Consent Item No. 17, the sale and discharge of safe and sane fireworks in Huntington
Beach. (00:58:55)
Brenda Welch spoke in opposition to Consent Item No. 17, the sale and discharge of safe and
sane fireworks in Huntington Beach. (01:02:36)
David Yasutake, Band Boosters President, spoke in support of Consent Item No. 17, the sale
and discharge of safe and sane fireworks in Huntington Beach. (01:05:01)
Mayor Pro Tern Dwyer requested that fundraising opportunities be communicated on Channel 3
Paul Bernadou spoke in opposition to Consent Item No. 17, the sale and discharge of safe and
sane fireworks in Huntington Beach. (01:07:05)
Juana Mueller spoke in opposition to Consent Item No. 17, the sale and discharge of safe and
sane fireworks in Huntington Beach, and in support of Councilmember Item 18, opposing the
Banning Avenue/19th Street Bridge. (01:09:49)
Kelly Harvey spoke to Council in support of Consent Item No. 17, the sale and discharge of safe
and sane fireworks in Huntington Beach. (01:11:13)
Paige Harvey spoke to Council in support of Consent Item No. 17, the sale and discharge of
safe and sane fireworks in Huntington Beach. (01:12:58)
Michael Berry spoke in support of Councilmember Item No. 18, opposing the Banning Avenue/
19th Street Bridge. (01:14:01)
Maria Christon Ruhmel spoke in opposition to Consent Item No. 17, the sale and discharge
of safe and sane fireworks in Huntington Beach. (01:15:05)
Carrol Wolf, Vice President, Sunset Beach Community Association, requested that Council ban
the use of fireworks on Park Avenue and Bayview Drive in Sunset Beach. (01:15:55)
Linda Moon spoke to Council in opposition to Consent Item No. 17, the sale and discharge
of safe and sane fireworks in Huntington Beach. (01:18:58)
Phyllis Maywort requested that Council ban the use of fireworks on Park Avenue and Bayview
Drive in Sunset Beach. (01:22:14)
Steve Ray, Executive Director of the Banning Ranch Conservancy, spoke in support of
Councilmember Item No. 18, opposing the Banning Avenue/19th Street Bridge. On a personal
note, he spoke in opposition to Consent Item No. 17, the sale and discharge of safe and sane
fireworks in Huntington Beach. (01:24:13)
Council/RDA/PFA Minutes
January 1.7, 2012
Page 8 of 16
John Scott spoke to Council in opposition to Consent Item No. 17, the sale and of safe and sane
fireworks in Huntington Beach, and in favor of Councilmember Item No. 18, opposing the
Banning Avenue/19th Street Bridge. (01:27:08)
Brendan Patch, teacher and coach at Edison High School, and advisor to the Model United
Nations Council, spoke in support of Consent Item No. 17, the sale and discharge of safe and
sane fireworks in Huntington Beach. (01:30:22)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234
DISCLOSURE REPORTING
Comments were provided by Councilmembers Harper, Dwyer, Carchio, and Hansen.
Councilmember Bohr submitted a written report that will be made available in the City Clerk's
Office.
CITY MANAGER'S REPORT - None.
CONSENT CALENDAR
1. Received and filed the Maddy Act Local Appointments List - 2012 (terms on City boards,
commissions and committees) which expire in 2012. This list informs the public of openings and
vacancies based on expirations of current members' terms.
A motion was made by Boardman, second Carchio to receive and file the Maddy Act Local
Appointments List - 2012 showing vacancies which will occur on City boards, commissions and
committees in the year 2012, and direct the City Clerk to post the List at official posting locations
(Civic Center, Huntington Central Library, Main Street Library). Copies of the Maddy Act Local
Appointments List - 2012 will also be posted at all branch libraries, and on the City's website.
The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
2. Received and filed the City Treasurer's November 2011 Investment Summary Report
A motion was made by Boardman, second Carchio to receive and file the Monthly Investment
Report for November 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, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
3. Approved Appointments to the Human Relations Task Force
A motion was made by Boardman, second Carchio to accept the resignation of Christina Ryan
Rodriguez and approve the appointment of Chris Hoff for a term to expire 12/31/2013, as
recommended by City Council liaisons Harper and Shaw; and, approve the appointments of
Ron Knowles, Minzah Malik, Linda McDonnell, Matthew Parr, and Allan Pogrund for terms to
Council/RDA/PFA Minutes
January 17, 2012
Page 9 of 16
expire 12/31/2015, as recommended by City Council liaisons Harper and Shaw. The motion
carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
4. Approved Appointments to the Personnel Commission
A motion was made by Boardman, second Carchio to approve the Personnel Commission
appointment of George Rivera for the term period of July 1, 2011 - June 30, 2013, commencing
upon appointment date of January 17, 2012, as recommended by the City Council Liaisons
Bohr and Carchio. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
5. Approved Sole -Source Justification for the purchase of IPS Group parking meters
A motion was made by Boardman, second Carchio to approve Sole -Source Procurement with
IPS Group for the purchase of 140 parking meters totaling $69,300.00. The motion carried by
the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
6. Approved and authorized execution of Amendment No. 1 to Professional Services Contract
with Liebert Cassidy Whitmore for legal services in Labor / Employment Matters
The item was pulled for separate discussion by Councilmember Carchio. Councilmember
Carchio and City Attorney McGrath discussed the one-year contract extension, and
the increased costs to manage caseload for personnel matters.
A motion was made by Carchio, second Boardman to approve and authorize the Mayor and City
Clerk to execute "Amendment No. 1 to Professional Services Contract Between the City of
Huntington Beach and Liebert Cassidy Whitmore for Legal Services in Labor and Employment
Matters." The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
7. Approved and authorized execution of Amendment No. 1 to Legal Services Agreement with
Gibbs, Giden, Locher, Turner & Senet to Represent the City in Two Construction Dispute
Cases, and Appropriated $500,000 to be used for the Pending Litigation Regarding the Warner
Avenue Gravity Sewer Line Project and the Newland Widening Project
A motion was made by Boardman, second Carchio to approve and authorize the Mayor and City
Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of
Huntington Beach and Gibbs, Giden, Locher, Turner & Senet; and, authorize the Mayor and
City Clerk to execute the amendment; and, appropriate $300,000 from the Sewer Fund, to be
Council/RDA/PFA Minutes
January 17, 2012
Page 10 of 16
used for the continued employment of the law firm of Gibbs, Giden, Locher Turner & Senet and
other related expenses in connection with the recovery of Sewer Funds previously expended for
WAGS; and, the Adopted FY 11112 Non -Departmental Budget includes $780,000 for litigation
related costs. By expending $200,000 of these funds, there will be $580,000 remaining in the
litigation account (10040101.69370). The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
8. Approved and authorized execution of Amendment No. 1 to Memorandum of Understanding
with the Orange County Transportation Authority for the Brookhurst Street Multi -Jurisdictional
Traffic Light Synchronization Program
A motion was made by Boardman, second Carchio to approve and authorize the Mayor and City
Clerk to execute "Amendment No. 1 to Agreement No. C-9-0622 By and Between Orange
County Transportation Authority and the Cities of Anaheim, Fountain Valley, Fullerton, Garden
Grove, Huntington Beach, Westminster and the State of California Department of
Transportation" for the Brookhurst Street Traffic Light Synchronization Program Project. The
motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
9. Adopted Resolution No 2012-03 approving the submittal of grant applications to the Orange
County Transportation Authority (OCTA) for Measure M funding under the Comprehensive
Transportation Funding Program (CTFP)
A motion was made by Boardman, second Carchio to adopt Resolution No. 2012-03, "A
Resolution of the City Council of the City of Huntington Beach Approving the Submittal of Two
Improvement Projects to the Orange County Transportation Authority for Funding Under the
Comprehensive Transportation Funding Program." The motion carried by the following roll call
vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
10. Approved Project Plans and Specifications and awarded Construction Contract in the
amount of $2,398,000 to Hardy and Harper, Inc. for the Center Avenue (Railroad to One Pacific
Plaza); Magnolia Street (Indianapolis Avenue to Adams Avenue); and Springdale Street
(Warner Avenue to Edinger Avenue); Rehabilitation Project; CC-1413
A motion was made by Boardman, second Carchio to approve the plans and specifications for
the Center Avenue, Magnolia Street and Springdale Street Rehabilitation Project, CC-1413;
and, accept the lowest responsive and responsible base bid submitted by Hardy and Harper,
Inc. in the amount of $2,398,000.00; 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, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
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January 17, 2012
Page 11 of 16
11. Authorized the appropriation of settlement funds totaling $50,000.00 received from the
South Beach II Project to be utilized for South Beach related improvements
A motion was made by Boardman, second Carchio to authorize the appropriation of $50,000 in
South Beach II Project settlement funds to General Fund account 10045206.82800 for beach
related improvements. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
12. Approved the Statement of Work Agreement for I/CAD - I/Leads RMS upgrade with Mobile
to MPS Migration between Intergraph and the City of Huntington Beach
The item was pulled for separate discussion by Councilmember Boardman to confirm receipt of
contract amendment as supplemental communication.
A motion was made by Boardman, second Dwyer to approve the "Security, Government and
Infrastructure, A Division of Intergraph Corporation Statement of Work Agreement for I/CAD -
I/LEADS RMS Upgrade With Mobile to MPS Migration" between Intergraph and the City of
Huntington Beach, as amended to include Amendment #1 e a supplemental
communication. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
13. Adopted Ordinance No. 3930 amending Chapter 13.08 the Huntington Beach Municipal
Code relating to beach regulations to include Sunset Beach Approved for introduction
December 19, 2011
A motion was made by Boardman, second Carchio to adopt Ordinance No. 3930, An
Ordinance of the City of Huntington Beach Amending Chapter 13.08 of the Huntington Beach
Municipal Code Relating to Beach Regulations." The motion carried by the following roll call
vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
PUBLIC HEARING
14. ITEM WITHDRAWN FROM CONSIDERATION -- Request from Bella Terra Villas, LLC,
property owner to withdraw development agreement application for The Village at Bella Terra
mixed -use project.
15. Approved Conditional Use Permit No. 11-029, Coastal Development Permit No. 11-017, and
Wireless Permit No. 11-054 for a wireless communications facility designed as a flag pole at the
Huntington Harbour Mall
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January 17, 2012
Page 12 of 16
Staff Planner Jill Arabe provided a PowerPoint entitled T-Mobile Wireless Communications
Facility - Conditional Use Permit No. 11-029, Coastal Development Permit No. 11-017, Wireless
Permit No. 11-054, with titled slides: Council Consideration, Project Location, Project History,
Project Analysis, and Staff Recommendation.
Mayor Hansen opened the Public Hearing.
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced of supplemental
communication received by her office following distribution of the Council agenda packet:
PowerPoint communication for Public Hearing Item No. 15 received from the Planning
Department entitled T-Mobile Wireless Communications Facility.
Project photographs and specifications for Public Hearing Item No. 15 received from the
Planning Department.
Communication received from Tim Miller in favor of the item, a T-Mobile customer that needs
reliable service in the area because he and his pregnant wife do not have a land line.
Martin L. Fineman, representing T-Mobile West Corporation, spoke in support of the item
and discussed how litigation on a previous request to place wireless equipment at Harbour
View Park led to T-Mobile's consideration of the current site as an alternative. (01:48:10)
Danny Bazerman, Director of Engineering, T-Mobile West Corporation, spoke in support of the
item and discussed the widespread positive support received by the community for the alternate
site proposed at the Huntington Harbour Mall. (01:52:55)
Aimee Weeks, representing the applicant T-Mobile West Corporation, spoke in support of the
item and discussed why smart phones, tablets, and other electronic devices require a strong,
supportive network to provide exceptional service. (01:54:39)
Heather Lenore spoke in support of the item being proposed at its current location, the
Huntington Harbour Mall. (01:55:42)
Preeti Ghuman spoke in opposition to the item because of the project's location near her home,
her opinion that T-Mobile did not provide evidence of critical need when another tower exists
nearby, and her concerns about the projects negative impact to property values. (01:57:22)
Cindy Osterhout, Principal of Harbour View School, discussed previous activity involving the
Harbour View Park site, and her support for the project's current proposed location at the
Huntington Harbour Mall. (02:00:00)
Lori Burrett spoke to Council in support of the item and discussed the events that led to the
participation by all parties involved to find an appropriate location for the project. (02:02:25)
Jina Provensen spoke in opposition to the item due to presumed ill effects of cell tower radiation
on humans. (02:04:40)
Council/RDA/PFA Minutes
January 17, 2012
Page 13 of 16
Councilmember Boardman and staff discussed the 300-foot distance between the project and
its nearest residential unit.
Mayor Pro Tern Dwyer spoke in support of the item, and thanked Cozette Dunlap and the
Dunlap Group for proposing the project at the Huntington Harbour Mall site.
Councilmember Carchio thanked T-Mobile for working with the community to find a site that was
acceptable by all.
Councilmember Harper spoke in support of the item and how the alternative of placing wireless
equipment in the proposed location makes sense.
Mayor Hansen offered support, discussed how the future of data -intensive equipment demands
greater resources, and how sensible solutions must be consistent and acceptable to all parties
(i.e., avoiding parks and schools). He also expressed his hope that the City and T-Mobile can
partner and move forward.
A motion was made by Bohr, second Harper to approve Conditional Use Permit No. 11-029,
Coastal Development Permit No. 11-017, and Wireless Permit No. 11-054 with findings and
conditions of approval. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
ORDINANCES FOR INTRODUCTION
16. Approved for introduction Ordinance No. 3931 amending Chapter 8.04 of the Huntington
Beach Municipal Code relating to Food Handling Establishments reflecting changes made to the
California Health and Safety Code
A motion was made by Carchio, second Dwyer to after the Clerk reads by title, approve for
introduction Ordinance No. 3931, "An Ordinance of the City of Huntington Beach Amending
Chapter 8.04 of the Huntington Beach Municipal Code Relating to Food Handling
Establishments." The motion carried by the following roll call vote:
AYES: Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
OUT OF ROOM: Shaw
17. Approved for introduction Ordinance No. 3932 adding Municipal Code Chapter 5.90
regarding Safe and Sane Fireworks sale and discharge
City Manager Fred Wilson gave a PowerPoint presentation entitled City of Huntington Beach
Fireworks Ordinance Pilot Study, with titled slides: Background & Process, Key Elements of
Ordinance, Qualified Applicant Requirements, Dates and Hours of Sale, Date and Hours for
Discharge, Discharge Location Restrictions, Safety & Education Program, and Questions.
Mayor Hansen thanked staff, including Fire and Police Chiefs for their work on this item.
Council/RDA/PFA Minutes
January 17, 2012
Page 14 of 16
Councilmember Boardman presented a PowerPoint report with the following titled slides:
Orange County Fireworks Ten -Year Statistics, Fireworks related Fires in Huntington Beach,
07/08 Orange County Grand Jury, the HBPD opposes the ordinance, Repealing our current
ordinance ... Is it worth it?
Councilmember Boardman and Fire Chief McIntosh discussed why Chief McIntosh does not
support the ordinance (with 30 years of experience Chief McIntosh discussed problems
enforcing areas where prohibited, voiced concerns about children in residential streets, delayed
response times on July 4).
It was reported that 10% of funds raised through fireworks sales will supplement enforcement,
and Police Chief Small described how all Police Department employees work on the holiday,
how California Highway Patrol personnel are hired for the parade, and Orange County Sheriff's
Deputies are hired to support fireworks activities at the beach.
Discussion ensued on the coordination of non -profits. City Attorney McGrath explained how the
4th of July Board can take all 10 stands, and if that happens, how staffing of those stands may
be awarded through a lottery/appointment system, and what percentage of funds raised goes to
the Board and the non -profits.
Councilmember Boardman voiced concerns about non -profits depending on anticipated funds
raised, and stressed that they understand the ordinance calls for a two-year pilot program. She
also stated if the ordinance is approved, she will work hard to repeal it.
Councilmember Bohr questioned why weekend hours (Saturday and Sunday) are excluded from
times conditioned for sale of fireworks product. He also voiced support for the item and felt that
firework activity in the City already exists, and how the ordinance just provides sensible
guidelines.
Councilmember Harper voiced support for the item and discussed how families should have the
freedom to participate in fireworks activities if they wish, or not, if that is the case. He
commented on how roof material is not as flammable as it once was, and how other activities
such as action sports (surfing, skateboarding) that present danger still are enjoyed by people,
by personal choice.
Mayor Pro Tem Dwyer asked City Attorney McGrath to respond to Speaker Kelly's questions
about the application process (a two-step process to first qualify for the lottery and then
obtaining a permit from the State Fire Marshall), the effective date of the ordinance, and setback
requirements.
Mayor Pro Tem Dwyer and Planning and Building Director Scott Hess discussed when the
City banned "shake" shingle roofs.
Mayor Hansen and staff discussed the residential street component, and crafted language to
amend Section d, i on Page 9 by striking residential streets, and inserting except for sidewalks
and alleys in residential districts.
Councilmember Shaw expressed concerns about legalizing firework use leading to rampant use
of illegal fireworks. He opposed the two-year program and shared concerns about the item's
impact on the health of Huntington Beach citizens, visitors, and pets, and its increased burden
Council/RDA/PFA Minutes
January 17, 2012
Page 15 of 16
on public safety.
Councilmember Carchio discussed how the City's public safety personnel are ready and
qualified to enforce the ordinance and keep the City safe, even with legal fireworks present, and
a large number of people visiting the beach on the 4th of July.
Councilmember Boardman expressed concerns about public education and signage.
Councilmember Dwyer, Mayor Hansen, and City Attorney McGrath discussed placement of
signage to educate the public of legal and illegal areas for fireworks.
A motion was made by Carchio, second Harper to after the Clerk reads by title, approve for
introduction Ordinance No. 3932, "An Ordinance of the City of Huntington Beach Adding
Chapter 5.90 of the Huntington Beach Municipal Code Relating to Fireworks," as amended
bottom of page 9, Section d, is except for sidewalks and alleys in residential districts
(strike residential streets). The motion carried by the following roll call vote:
AYES: Harper, Dwyer, Hansen, Carchio, and Bohr
NOES: Shaw, and Boardman
COUNCILMEMBER ITEMS
18. Submitted by Councilmember Shaw - Adopted Resolution No. 2012-04 requesting the
Orange County Transportation Authority (OCTA) remove the proposed Banning Avenue/19th
Street and Garfield Avenue/Gisler Avenue bridges from the Orange County Master Plan of
Arterial Highways (MPAH)
Councilmember Shaw explained his request to remove reference to the proposed bridge from
the MPAH, and thanked Mayor Hansen. A letter will be sent to the Orange County
Transportation Authority (OCTA) indicating Huntington Beach's opposition to the bridge.
Councilmember Dwyer praised Mayor Hansen's initiative to bring the item forward to the
public, and stated Councilmember Bohr's support for the item and why he was unable to attend
the public meeting at Eader Elementary School.
Councilmember Harper addressed mobility and supported the City's opposition to the bridge.
However, he did not support the portion of the resolution removing the bridge from the MPAH
because, in his opinion, removing it would limit future County legislators' choices for
transportation planning.
Councilmember Boardman discussed how area residents support removing the bridge from the
MPAH.
A motion was made by Shaw, second Boardman to adopt Resolution No. 2012-04, "A
Resolution of the City Council of the City of Huntington Beach Asking the Orange County
Transportation Authority (OCTA) to Remove the Banning Avenue/19th Street Bridge From the
Orange County Master Plan of Arterial Highways (MPAH)." The motion carried by the following
roll call vote:
Council/RDA/PFA Minutes
January 17, 2012
Page 16 of 16
AYES: Shaw, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: Harper
COUNCILMEMBER COMMENTS (Not Agendized)
Comments provided by Councilmembers Dwyer, Harper, Bohr, Boardman, Shaw, Carchio, and
Hansen.
ADJOURNMENT at 10:03 PM - There will be a Special Meeting held on Friday, January 27,
2012, at 8:30AM at the Huntington Beach Central Library, Rooms C and D, 7111 Talbert Ave.,
Huntington Beach, California. There will be a Special Meeting held on Tuesday, January 31,
2012, at 5:30PM in Council Chambers, Civic Center, 2000 Main Street, Huntington Beach,
California.
n y
City Cle and ex-officio Clerk o I e City Council of
the City of Huntington Beach, C erk 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:
®4:
0__, City Clerk, Agency CI k, Authority Mayor -Chair
Secretary