HomeMy WebLinkAbout2012-11-19Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, November 19, 2012
4:30 PM - Closed Session
6:00 PM — Regular Meeting
Council Chambers Civic Center, 2000
Main Street Huntington Beach,
California 92648
A video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk and is archived at
www.surfcity-hb.org/government/agengasl
The City Clerk recessed the 4:00 PM portion of the meeting to 4:30 PM due to an anticipated lack
of quorum and no Study Session.
4:30 PM — Council Chambers — Closed Session
6:00 PM — Council Chambers — Regular Business Meeting
CALL TO ORDER — 4:35 PM
ROLL CALL
Present: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced there was no receipt of
communications related to the Closed Session received by her office following distribution of the Council
agenda packet.
PUBLIC COMMENTS PERTAINING TO SIX (6) CLOSED SESSION ITEMS (3 Minute Time Limit) - None
RECESS TO CLOSED SESSION — 4:36 PM
By consensus, the City Council recessed to Closed Session.
CLOSED SESSION
Pursuant to Government Code § 54956.9, the City Council recessed into closed session to confer
with the City Attorney regarding T-Mobile West Corporation v. City of Huntington Beach, United
State District Court Case No. CV 10-2835 CAS, which involves T-Mobile's project to install
antennas at 6666 Heil Avenue belonging to the Community United Methodist Church of
Huntington Beach.
Pursuant to Government Code § 54956.9, the City Council recessed into closed session to confer
with the City Attorney regarding Omnipoint Communications, Inc. (T-Mobile) v. City of Huntington
Beach, United State District Court Case No. CV09-3777 RGK, Ninth Circuit Case Nos. 10-56877
& 10-56944, which involves T-Mobile's project to install antennas at Harbour View Park and Bolsa
View Park.
3. Pursuant to Government Code § 54956.9, the City Council recessed into closed session to confer
with the City Attorney regarding Pacific Mobile Home Park, LLC v. City of Huntington Beach
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November 19, 2012
Page 2 of 28
(Atlanta Widening Project), Orange County Superior Court Case No. 30-2011-00449749, Court of
Appeal Case No.G047327, challenging the City's adoption of a mitigated negative declaration
under CEQA for the Atlanta Avenue Widening Project.
4. Pursuant to Government Code § 54956.9, the City Council recessed into closed session to confer
with the City Attorney regarding Pacific Mobile Home Park, LLC v. City of Huntington Beach,
Orange County Superior Court Case No. 30-2011-00497684, Court of Appeal Case No.
G047060, 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.
Pursuant to Government Code § 54956.9, the City Council recessed into closed session to confer
with the City Attorney regarding the following lawsuits: Anita J. Newman v. City of Huntington
Beach, Orange County Superior Court Case No. 30-2010-00405526. In this case, a bicyclist
claims she was hit by a parking control gate near the Huntington Beach Lifeguard Headquarters.
6. Pursuant to Government Code § 54956.9, the City Council recessed into Closed Session to
confer with the City Attorney regarding the following lawsuit: Rene Voss v. City of Huntington
Beach, WCAB Case No. ADJ7974558, Claim No. COHB-11-0128.
6:00 PM — COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:01 PM
CLOSED SESSION REPORT BY CITY ATTORNEY
City Attorney Jennifer McGrath reported that as to T-Mobile West Corporation v. City of Huntington
Beach, United State District Court Case No. CV 10-2835, by a vote of 7 — 0, Council voted not to appeal
the judgment of the court to issue T-Mobile permits to install a mobile phone antenna inside an existing
bell tower at Community Methodist Church located at 6666 Heil Avenue.
In the case of Pacific Mobile Home Park, LLC v. City of Huntington Beach (Atlanta Widening Project),
Orange County Superior Court Case No. 30-2011-00449749, Court of Appeal Case No.G047327, by a
vote of 7 — 0, Council voted in closed session to abandon the appeal to challenge the City's adoption of a
mitigated negative declaration under CEQA for the Atlanta Avenue Widening Project.
ROLL CALL
Present: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
Absent: None
PLEDGE OF ALLEGIANCE - Led by Wolf Den Pack 435
INVOCATION — Presented by Mayor Hansen
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
Mayor Hansen announced November as National Native American Heritage Month as part of the city's
Human Relations Task Force Federal Heritage Month program. The first President to set aside a month
to commemorate the indigenous people of our country was President George H. W. Bush in 1990. Since
that time, the month has been proclaimed by each of our Presidents. In support of the Federal Heritage
program, the City Council recognized the contributions and accomplishments of our Native American
community, who continue to shape our nation and contribute to the rich diversity that is our country's
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November 19, 2012
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strength.
Mayor Hansen called on Kenneth Inouye, Minzah Malik and Veronica Nguyen from the Orange County
Human Relations Commission to present the annual report and activity in Huntington Beach for the past
year. They thanked the City and Council for all the good work done on behalf of human relations. Mr.
Inouye addressed challenges faced by many cities and provided information regarding the Commission
and its activities. Representatives Malik and Nguyen provided information regarding the services offered
by the Commission, specifically within the City of Huntington Beach. They presented Mayor Hansen with
a certificate of appreciation for the City's support of the organization and Mayor Hansen expressed
appreciation on behalf of the City and Council for the Commission's work.
Mayor Hansen referenced changes in leadership in various cities because of term limits and
acknowledged the attendance of and introduced former City of Fountain Valley Mayor and
Councilmember Larry Crandall.
Mr. Crandall presented the City with a painting of Huntington Beach Harbour from local artist Ted Crain.
Mayor Hansen expressed his appreciation on behalf of the City.
Mayor Hansen invited Calvin Free to the podium, and he presented a brief history of the Huntington
Harbour Boat Parade and addressed the schedule. Mayor Hansen presented a commendation to
representatives of the Huntington Harbour Boat Parade in honor of their 50th Anniversary.
Mayor Hansen recognized Matt Liffering, who has been most helpful during his year as Mayor. He was
presented with the Mayor's Award in recognition of his outstanding work for the City and the community.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (RECEIVED AFTER AGENDA
DISTRIBUTION)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced supplemental
communications that were received following distribution of the City Council agenda packet:
Consent Calendar
#5. Communication was received from Susan Welfringer, Downtown BID Manager
#14. & #18. Communication from Michelle Warren, Director of Human Resources, both of which
would affect recommended actions as they are replacement pages for the recommended
actions.
Councilmember Items
#27. Comments were received from Carolyn Mathews and Ronald Landau.
#28. Communications were received from Lindsey White -Dasher, Sherry Mitchell-Marcotte, Merle
Moshiri, Randi Feilich, Carolyn Matthews, Ronald Landau and Diane Amendola,
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/).
Mayor Hansen opened the Public Comments section of the meeting and invited those interested in
addressing Council to do so at this time.
Steven Daniel, Owner of the Rocky Mountain Chocolate Factory and Vice President of the Downtown
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BID, introduced new BID Manager Susan Welfringer and thanked the City and Council for its efforts in
creating a good downtown environment. He invited the public to attend the upcoming Tree Lighting
Ceremony. (00:21:00)
Susan Welfringer, BID Manager, commented positively.on working with City staff and thanked Council for
its efforts to support downtown. She addressed a consent item for two -hours of free parking in a coupon
book that will be distributed throughout the community. She invited the community to the Main Street
Tree Lighting Ceremony. (00:21:49)
Aaron Pai commented on his history in Huntington Beach and spoke in regards to the issue of coyotes,
noting that they are the true locals of the City and felt that they enhance the experience of living in the
City of Huntington Beach. He voiced opposition to trapping and killing coyotes and suggested spending
money and time in education and awareness. Additionally, he thanked outgoing Mayor Hansen for his
hard work and all he has done for the City as well as Council Members Dwyer and Bohr for their efforts in
improving the City. (00:23:27)
Mel Malkoff, Malkoff and Associates, representing a newly -formed group, "Demand a Safe Harbour"
(DASH), in direct response to the proposed Harmony Cove project. He addressed Item No. 10 on the
Consent Calendar and stated that the license should not be considered as a stand-alone approval as it is
an integral part of the marina project. He requested that Item No. 10 be pulled from the Consent
Calendar and acted as part of the Public Hearing process under Item No. 21 of the agenda. (00:26:28)
Barbara Beck commented on Items 27 and 28, noting that she embraces the proposal under Item No. 27
asking that it be amended for one item, to allow for the day -time feeding of feral cats only and that feeding
bowls and water be collected before the end of daylight. Regarding Item No. 28, she did not feel this is a
solution to the problem addressing unintended victims of wildlife and family pets. She agreed with
increasing education and awareness. (00:27:57)
Jim Adams, representing the Los Angeles and Orange County Building and Construction Trade Council,
thanked Council for its work and efforts. In addition he announced that the Union will be participating in
the upcoming Union Sportsmen Alliance and the Bolsa Chica Land Trust in the Wetlands Trail
Maintenance Project and encouraged the public to participate. In the future, he would like to address
Council regarding the replacement of curbs and gutters, sidewalk replacement and asphalt noting that the
project has potential for job creation and offers career opportunities. (00:29:54)
Sandy Ridout commented on the subject of coyotes and felt that residents must learn to live around them
and teach them to live around humans. Ms. Ridout commented that trapping and killing them does not
work and results in an increase in the coyote population. She spoke in support of hazing and educating
the public. (00:31:23)
Marie St. Germain commented on Item No. 27 and her history in managing a feral cat colony in the City
using a system of TNR (trap, neuter and return). She hoped that Council would remove the feral cat
provision from the item. (00.:34:32)
Wendy Tochihara commented on Item No. 27 and her experience with coyotes in the City. She felt that
the situation is not safe and that the issue must be addressed. (00:36:17)
Greg Petersen commented on the representation of Police Officers, specifically one who he asserted has
been falsely charged by the Chief of Police. He alleged investigations on the Chief of Police, leaking of
confidential information to the media and others and trying to use public funds to coerce an officer to take
a settlement. (00:38:24)
Randi Feilich, volunteer for Project Coyote, presented information on her organization and urged the City
against trapping and killing coyotes noting that the practice is not a solution. She spoke in support of
public education and outreach in order to coexist with wildlife and especially, coyotes. She recommended
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November 19, 2012
Page 5 of 28
implementation of a coyote management plan. (00:41:15)
Mary Jo Baretich commented on Items 27 and 28 and addressed methods to keep pets safe from coyotes
and deter their presence. She spoke in support of a coyote management plan instead of trapping and
killing them. (00:44:23)
Maria Young referenced a petition and commented on Items 27 and 28 in opposition of trapping and
killing coyotes. She addressed the importance of the issue and spoke in support of education and
awareness and stated that killing does not solve the problems but listed hazing tools that have been
proven to work. She urged Council to support the ordinance. (00:45:59)
Randy Young spoke in support of the ordinance, referenced unsuccessful related actions from the City of
Carson and newspaper articles and commented in opposition to trapping and killing coyotes. (00:48:25)
Steven Paczko commented on safety hazards related to a local golf course and asked Council to act to
install a new net to prevent golf balls from damaging property or residents. (00:51:29)
Councilmember Boardman reported receiving an email informing her that netting will be installed shortly
and the City is responding to the concern.
Olga Paczko urged immediate action by Council to eliminate a potentially hazardous situation related to
the hazards of wayward golf balls. She referenced a resident petition regarding the issue. She thanked
Council for its actions and asked that Council consider suspending the operation of the golf course until
the new netting is installed. (00:55:10)
Roberta Buchanan, representing Coyotes in Orange County, commented on Items 27 and 28 requested
that the issue regarding feeding wildlife in Orange County continue until it can be incorporated as part of a
comprehensive policy to deal with the City's coyote problem. She spoke in support of action to provide
immediate relief for a problem that has reached serious levels in this and other communities. She
indicated support of multi -jurisdictional measures that would be part of a comprehensive policy for dealing
with the problem and felt that this is a public safety issue that needs immediate action. She requested
formal data collection, a concerted coordination among jurisdictions and a policy that protects residents.
(00:57:55)
The speaker commented on Item No. 28, reported that she has witnessed coyotes and felt that they are
not a danger. She agreed with providing education and awareness rather than trapping and killing them.
(01:01:07)
Karen Chepeka, president of "Save our Strays" in Huntington Beach, commented on Items 27 and 28 and
asked that Council oppose Item 28. She reported that it has been proven that killing coyotes does not
resolve the problem, but rather spoke in support of education and hazing. Regarding Item No. 27, she
asked Council to support the issue with the exception of feral cats. She noted that a majority are pets
that were abandoned by their owners and recommended feeding during the day and removing the food at
night. She commended Councilmember Harper for his efforts in protecting animals throughout the years.
(01:02:17)
The speaker stated agreement with the previous speaker and spoke in support of education and
awareness and for residents being proactive and protecting their pets. She asked that Council support
not trapping and killing coyotes. (01:04:12)
Jesse Gossett commented on his history in the area and his and a neighbor's experience with aggressive
coyotes. He felt that the problem is getting worse and that the current situation is hazardous to the
residents of the City. (01:06:42)
Cindi Jordan showed pictures of cats that have been recently attacked by coyotes. She stated that she
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November, 19, 2012
Page 6 of 28
doesn't have a solution but suggested placing warning signs in the area and noted that the issue needs to
be addressed. (01:08:47)
Cindi Galey stated opposition of killing the coyotes and suggested increased education and awareness
and that there are many other ways to address the issue. (01:11:38)
Jeanne Criss commented on the issue of coyotes and spoke in support of education and awareness
rather than trapping and killing them. She addressed the importance of everyone getting involved to
resolve the issue. (01:12:54)
Matt Bruce, People for the Ethical Treatment of Animals (PETA), noted that trapping and killing coyotes
will not solve the problem and that the City must focus on controlling food sources and making the areas
unattractive to coyotes. A ban on feeding wildlife must be enforced and residents must not leave dog and
cat food outside or companion animals outside, unattended. He listed other steps to take to correct
coyote behavior and empower the community by giving residents control over the situation. (01:15:09)
Valerie Beaver referenced and quoted from the Coyote Management Guidelines from the California State
Department of Agriculture. She spoke in support of removal of problem coyotes and submitted a copy of
the guidelines for Council review. (01:16:42)
Cheryl Berstein spoke in favor or the ordinance to prevent feeding wildlife and in opposition to trapping
and killing coyotes. (01:19:49)
Carolyn Matthews stated her experience of losing a pet because it was killed by a coyote. She spoke in
support of increased education and awareness including signage and community outreach and providing
information regarding who to call to report coyotes in the area. She complained regarding the lack of a
system and distributed a petition. (01:20:02)
Victor Leipzig, former Mayor, spoke in favor of the anti -wildlife feeding ordinance and felt that it is the
most important thing that can be done to resolve the City's coyote problems. He suggested the City
adopt a comprehensive program to deal with the issue and reported that he belongs to the Audubon
Society and offered the services of the organization to the City in developing an ordinance. Mr. Leipzig
addressed Consent Calendar Item No. 10 and requested the item be pulled from the Consent Calendar
and that a Public Hearing be held on the matter. He thanked outgoing Council Members for their service.
(01:24:17)
Brenda Calvillo asked that Council. protect the City's wildlife and vote yes on the ban on feeding wildlife
and against trapping and killing coyotes. She expressed the importance of having a balance in the
ecosystem and spoke in favor of education and community outreach. (01:25:50)
Dina Kourda, Animal Protection and Rescue League, spoke in favor of the anti -feeding ordinance and in
opposition to the trapping and killing of coyotes. She noted that trapping and feeding is ineffective and
that the solution is to implement educational and outreach programs, including hazing. She offered
additional information for Council and the public. (01:28:29)
Desiree Ryan spoke in opposition to trapping and killing coyotes. She suggested posting warning signs.
(01:29:33)
Mark Bixby indicated opposition to trapping and killing coyotes noting that it will not work and commented
on the feeding of wildlife and did not feel that could be properly enforced. He spoke in support of
increasing education and community outreach on the matter. (01:30:46)
John Craney noted that the area is a natural habitat of the coyote, not humans. He opposed trapping and
killing coyotes and spoke in support of humane treatment of animals. He offered various suggestions and
spoke regarding self -responsibility for pets as well as awareness. (01:32:04)
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Karen Coyne spoke against the trapping and killing of coyotes noting that is not the solution to the
problem. She.indicated support for increasing education and awareness. (01:34:45)
Catherine Johnson commented on the increase in coyote attacks and related an incident suffered by her
neighbors who have indicated support for whatever means is necessary to curb the problem. She spoke
in support of trapping and euthanizing coyotes in the area for increased public and pet safety. (01:36:42)
Dale Bartlett, on behalf of the Humane Society of the United States, reported there have been two human
deaths in history related to coyote attacks. He spoke in opposition to trapping and killing the coyotes,
referenced a study related to increase in breeding when they are killed and offered to help with any
resources available. He indicated that signage, education and increasing awareness is the solution.
(01:38:39)
Lois Waddle, Los Alamitos, addressed the presence and travel paths of coyotes, and noted that they
provide balance in the ecosystem. She stated that coyotes are necessary and presented an example of a
sign exposing the coyote. problem. (01:40:57)
Melanie Shaw opposed trapping and killing coyotes and commented on the need to coexist, educate the
public and post warning signs. (01:43:28)
The speaker, a Costa Mesa resident, addressed the importance of collecting data to support evidence
and distributed a packet of information for Council review. She reported launching the "Lucky Project" on
coyote awareness and spoke on the importance of education. She suggested posting signs and reported
conducting a survey of residents in her neighborhood where 68% indicated they had lost pets because of
coyotes and quoted from the founder of PETA. (01:46:12)
The speaker voiced support for the ordinance prohibiting the feeding of wildlife in the area. She indicated
that whistles don't work to haze coyotes but that air horns do. (01:49:27)
There being no others wishing to address Council, Mayor Hansen closed the Public Comments portion of
the meeting.
CITY MANAGER'S REPORT - None
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234 DISCLOSURE
REPORTING
Mayor Pro Tern Dwyer reported that the Allied Arts Board Holiday Potluck will be held December 5, 2012
at 7:00 PM at the Arts Center. He encouraged the public to attend, bring their favorite holiday dish and
be prepared to sing their favorite holiday songs.
Councilmember Carchio reported that he participated in a fundraiser for the victims of Sandy on
November 17, 2012, and thanked everyone who participated including former Mayor Gil Coerper, his wife
Louann and the Explorer Scouts from Post 558. He thanked Councilmember Bohr and his son, Duke,
City Manager Fred Wilson, Deputy City Manager Bob Hall, and City Clerk Joan Flynn, former Mayor Dave
Garofolo, Jeff and Karen Reed, the Huntington Beach Police and Fire Departments and special thanks to
Wal-Mart, Sea Legs Wine Bar, Chick-fil-A, Albertson's and Pete from Bon Gusto. He thanked his friend
Mike Ali for his generous donations. He encouraged residents to donate if they haven't already done so.
Councilmember Bohr addressed the upcoming Small Business Saturday, Chris McDonald and Peter's
Landing Farmers' Market.
Councilmember Boardman reported that she is one of the Council liaisons to the Allied Arts Board and
noted that it held its Biannual Arts Awards event at the Hilton, addressed attendants and congratulated
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November 19, 2012
Page 8 of 28
those who. received awards and the Allied Arts Board for putting the event together. In addition she
reported that she is Council liaison to the Historic Wintersburg Preservation Task Force and commented
positively on a recent fundraising event. She thanked the Regency Theater, the Hilton and the
Huntington Beach Auto Dealers' Association for their support.
Councilmember Harper thanked the Mayor along with other Mayors in the second district for selecting him
for the Board of Directors for the OCTA. Also selected was Mayor Pro Tern Gary Miller of Seal Beach
and ten other positions were selected. He congratulated Councilmember Carchio on being named to the
Waste Management Commission.
CONSENT CALENDAR
Consent Calendar Item No. 7 was pulled by Councilmember Bohr for separate consideration
Consent Calendar Item No. 10 was pulled by Mayor Hansen for separate consideration.
Consent Calendar Item No. 11 was pulled by Councilmember Bohr for separate consideration
1. Strategic Plan Update Received and Filed
A motion was made by Carchio, second Dwyer to receive and file the updated status of the Six -Month
Strategic Objectives. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
2. Requested to appoint Fire Chief as Board Member and Deputy City Manager as Alternate to
Metro Cities Fire Authority Joint Powers Authority
A motion was made by Carchio, second Dwyer to appoint Fire Chief Patrick McIntosh as the City's Board
Member to the Metro Cities Fire Authority Joint Powers Authority, and Deputy City Manager Bob Hall as
Alternate Board Member. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
3. Approved City's response to the Orange County Grand Jury Report on Emergency Medical
Response in Orange County
A motion was made by Carchio, second Dwyer to approve and authorize the Mayor and City Manager to
sign communication addressed to The Honorable Thomas J. Borris, Presiding Judge of the Superior
Court of Orange County, in response to the findings and recommendations in the 2011-2012 Orange
County Grand Jury report on Emergency Medical Response in Orange County. The motion carried by
the following vote. -
AYES: Shaw, Harper, Dwyer, Hansen, Carchio. Bohr, and Boardman
NOES: None
4. Approved and authorized execution of a Property Acquisition Agreement for an Encyclopedia
Parcel in Central Park
A motion was made by Carchio, second Dwyer to approve and authorize the Mayor and City Clerk to
execute the "Agreement for Acquisition and Escrow Instructions;" and, authorize the City Manager to
execute any other related escrow documents. The motion carried by the following vote:
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November 19, 2012
Page 9 of 28
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
Adopted Resolution No. 2012-78 approving a promotional program providing two -hours free
parking at the Main Prom enade.Parking Structure during the Holiday Season
A motion was made by Carchio, second Dwyer to adopt Resolution 2012-78, "A Resolution of the City
Council of the City of Huntington Beach Authorizing a Promotional Program of Two -Hour Free.Parking in
the Main Promenade Parking Structure With Merchant Coupons Valid From November 23, 2012, Through
January 1, 2013." The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
6. Approved Temporary Construction Easement from the Ocean View School District for the Safe
Routes to School Project at Golden View School
A motion was made by Carchio, second Dwyer to approve and authorize the Director of Public Works to
execute and accept the Temporary Construction Easement from the Ocean View School District (Grantor)
to the City of Huntington Beach (Grantee) for the construction of Safe Routes to School improvements at
the southwest corner of Golden View Lane and Norino Drive. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
7. Approved and authorized execution of Cooperative Agreement No. C-2-1641 between Orange
County Transportation Authority (OCTA) and the City for Federal Transit Administration Section 5307
Project: Edinger Avenue Bicycle Path, CC-1447
Councilmember Bohr pulled this item from the Consent Calendar for separate discussion and
consideration.
Councilmember Bohr reported that he needs to be recorded as an abstention on this item as he owns
property within five hundred feet of the subject area.
A motion was made by Hansen, second Boardman to approve "Cooperative Agreement No. C-2-1641
between Orange County Transportation Authority and City of Huntington Beach for Federal Transit
Administration Section 5307 Project: Edinger Avenue Bicycle Path;" and, authorize the Mayor and City
Clerk to execute two (2) original agreements in blue ink;.and, direct the City Clerk to return two (2) original
signed agreements to: Trisha Krinke, OCTA Contract Administrator, 550 South Main Street, P.O. Box.
14184, Orange, CA 92863-1584. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, and Boardman
NOES: None
ABSTAIN: Bohr
Approved and authorized execution of a Lease Agreement between the City and Michael Ali for
Zack's Too Beach Concession located at 21579. Pacific Coast Highway
A motion was made by Carchio, second Dwyer to approve and authorize the Mayor and City Clerk to
execute the "Lease Between the City of Huntington Beach and Michael Ali for Zack's Too" Beach
Concession. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
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November 19, 2012
Page 10 of 28
9. Approved and authorized execution of a Special Utility Agreement with Boeing Corporation
A motion was made by Carchio, second Dwyer to approve and authorize the Mayor and City Clerk to
execute a "Special Utility Easement Agreement" between the City of Huntington Beach and Boeing
Corporation; and, authorize the City Clerk to record the Special Utility Easement Agreement with the
Orange County Recorder. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
10. Approved and authorized execution of a License Agreement between the City and Harmony
Cove, LLC for the non-exclusive use of City property for a project located at 4121 and 4151
Warner Avenue
Mayor Hansen pulled Item No. 10 from the Consent Calendar noting that it will be acted on immediately
after Public Hearing Item No. 21.
A motion was made by Carchio, second Shaw to approve and authorize the Mayor to execute the
"License Agreement By and Between the City of Huntington Beach and Harmony Cove, LLC for the Non -
Exclusive Use. of City Property."
Councilmember Boardman requested clarification on the item noting that the zoning change has just been
approved under Public Hearing Item No. 21.
City Attorney McGrath noted that the City has to process an agreement once it is received.
Discussion followed regarding the letter from the Economic Development Department regarding concerns
with limiting future development of the City -owned marina property while increasing the applicant's
property value and it was noted that the issue is resolved by the receipt of the yearly license fee. It also
does not impact the City's ability to expand in front of the Yacht Club as well.
Mayor Hansen noted that mitigation on various issues is being addressed through the licensing
agreement.
Discussion followed regarding clarification of the movement of the pier head line and that the issue is
addressed within the Conditions of Approval.
The motion carried by the following vote:.
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
11. Approved and authorized execution of a Lease Agreement between the City and the Huntington
Beach Playhouse for non-exclusive use of the Public Library Theater
Councilmember Bohr pulled this item from the Consent Calendar for separate discussion and
consideration. He wanted to make sure the matinees would still be held.
Director of Library Services Stephanie Beverage responded that the City negotiated successfully with the
play house and that matinees will still occur on Sundays but that a reduced schedule was agreed to in
order to focus on more profitable productions.
A motion was made by Bohr, second Boardman to approve and authorize the Mayor and City Clerk to
execute the "Lease Agreement Between the City of Huntington Beach and The Huntington Beach
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November 19, 2012
Page 11 of 28
Playhouse for Non -Exclusive Use of the Public Library Theater." The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
12. Approved and authorized termination of an Agreement with Greener Corners, LLC and Rainbow
Disposal Company dba Rainbow Environmental Services for Public Recycling Program
A motion was made by Carchio, second Dwyer to terminate the "Non -Exclusive Agreement and License
to Install Waste Receptacles" by and between Greener Corners, LLC, the City of Huntington Beach, and
Rainbow Disposal Company dba Rainbow Environmental Services as approved by City Council on
November 7, 2011. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
13. Approved and authorized execution of an Affordable Housing Agreement between the City and
Amcal Multi -Housing, .Inc. for 18151 Beach Boulevard, the Oceana Project
A motion was made by Carchio, second Dwyer to approve and authorize the Mayor and City Clerk to
execute the "Affordable Housing Agreement By and Between the City of Huntington Beach, a Municipal
Corporation of the State of California and Amcal .Multi -Housing, Inc., a California Corporation (18151
Beach Boulevard);" and, authorize the City Manager to sign all documents to effectuate the Agreement.
The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
14. Adopted Resolution No. 2012-80 approving a Side Letter Agreement modifying the Memorandum
of Understanding (MOU) between the City and the Marine Safety Management Association
(MSMA) regarding On -Call Response Policy
A motion was made by Carchio, second Dwyer to adopt Resolution No. 2012-80, "A Resolution of the City
Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City
of Huntington Beach and the Marine Safety Management Association (MSMA) by Adopting the Side -
Letter of Agreement;" and, authorize the City Manager to sign and execute the Side Letter Agreement, as
amended by Supplemental Communication. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
15. Approved and authorized execution of an agreement with Automotive Marketing Consultants,. Inc.
(AMCI) for Emergency Vehicle Operations Course (EVOC) Training
A motion was made by Carchio, second Dwyer to approve and authorize the Chief of Police to execute
the "Agreement for Orange County Great Park and El Toro Field" with Automotive Marketing Consultants,
Inc. (AMCI) for Emergency Vehicle Operations Course (EVOC) training. The motion carried by the
following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
16. Approved and authorized the City Manager to allocate $265,519 from the Equipment
Replacement Reserve fund to pay for FAA required repairs for the police helicopters.
Council/ PFA Minutes
November 19, 2012
Page 12 of 28
A motion was made by Carchio, second Dwyer to approve and authorize the City Manager to allocate
$265,519 from the Equipment Replacement Reserve Fund to pay for FAA required equipment for the
police helicopters. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
17. Authorization to hire two Lateral Police Officers before January 1, 2013
A motion was made by Carchio, second Dwyer to authorize the Chief of Police to hire two Lateral Police
Officer Candidates prior to January 1, 2013. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
18, Adopted Resolution No. 2012-81 extending the Surf City Lifeguard Employees' Association
(SCLEA) Memorandum of Understanding (MOU) by adopting a Side Letter of Agreement and
authorize the City Manager to execute the Side Letter Agreement.
A motion was made by Carchio, second Dwyer to adopt Resolution No. 2012-81, "A Resolution of the City
Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City
and the Surf City Lifeguard Employees' Association (SCLEA), by Adopting the Side Letter of Agreement;"
and, authorize the City Manager to sign and execute the Side Letter Agreement as amended by
Supplemental Communication. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
19. Adopted Ordinance No. 3963 amending Chapter 13.08 of the Huntington Beach Municipal Code
(HBMC) related to the definition of "Beach". Approved for introduction November 5, 2012
A motion was made by Carchio, second Dwyer to adopt Ordinance No: 3963, "An Ordinance of the City of
Huntington Beach Amending Chapter 13.08 of the Huntington Beach Municipal Code Related to Beach
Regulations" pertaining to locations of tents and canopies. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
20, Adopted Ordinance No. 3964 adding Chapter 13.10 to the Huntington Beach Municipal Code
(HBMC) related to tents, canopies, and camping on public areas.
Approved for introduction November 5, 2012
A motion was made by Carchio, second Dwyer to adopt Ordinance No: 3964, "An Ordinance of the City of
Huntington Beach Adding Chapter 13.10 to the Huntington Beach Municipal Code Relating to Camping in
Public Areas" making it unlawful to camp or store personal property in public areas and the Civic Center.
The motion carried by the following vote -
AYES ' Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
Council/ PFA Minutes
November 19, 2012
Page 13 of 28
PUBLIC HEARINGS
21. Approved Mitigated Negative Declaration No. 12-004, Zoning Map Amendment No. 08-001,
Conditional Use Permit No. 08-014, Coastal Development Permit No. 08-008, Variance No. 11-
007, and Tentative Parcel Map No. 11-138 - Approved for introduction Ordinance No. 3996
(Appeal of the Planning Commission's approval of the Harmony Cove Marina Development)
Planning and Building Director Scott Hess presented details of the report noting that it was appealed by
Councilmember Dwyer so that the item could be heard by Council in its totality. He addressed the
Mitigated Negative Declaration (MND), Zoning Map Amendment (ZMA), Conditional Use Permit (CUP),
Coastal Development Permit (CDP), Variance (VAR) request and Tentative Parcel Map (TPM). Mr. Hess
addressed location of the subject site, adjacent properties, a brief history of the property, previous
consideration and approvals by the Planning Commission, primary issues to be addressed, compliance
with the Huntington Beach Zoning abd Subdivision Ordinance (ZSO), eating and drinking establishment
and the prohibition of the sale of alcohol, ancillary uses to the marina, parking and compliance with
development standards except for the Variance request.
Mr. Hess addressed compatibility with surrounding land uses, compliance with the Coastal Zone Overlay
District, maneuvering requirements and establishing a pier head line, conditions of approval, approval in
concept of CDP, land use consistency with public trust easement and the TPM and Variance requests.
He presented details of recommendations including approval of the MND, approval of the ZMA/CUP,
CDP/VAR with modifications as stated in the report as well as denial of the TPM.
The public hearing was opened, and interested parties were invited to address Council on this item.
City Clerk Flynn reported that a supplemental communication was received after the publication of the
agenda regarding the Harmony Cove Marina Development from Dale S. Menke, Frank Gibson, Mel
Malkoff, M & A, and that over the weekend the Administrative Department received 146 voice mail
messages opposing the project.
Joe Daichendt, Applicant, asked for support to uphold the Planning Commission's vote with a request to
approve the variances. He requested to leave the setbacks as they are, leaving an abundance of site
coverage with minimal variances. He addressed the pier head line with a request that it be adjusted with
the property line. He stated that the process has taken over seven years with additional time needed for
review by the Coastal Commission. He stated agreement with the Planning Commission's vote and all
suggested changes within their recommendations. He reported that a resident who strongly opposes the
project has spread a significant amount of misinformation regarding reducing public access to the water,
removal of public docks and the kayak/paddle board ramp. He noted that the project has been thoroughly
reviewed and asked for Council's support in upholding the Planning Commission vote with the variances
requested.
Mel Malkoff, representing DASH, noted many in attendance who disagree with the project. He stated that
there is general consensus that a marina project and the restaurant are good uses. He referenced a
letter submitted to staff with their concerns and expressed confusion regarding what is being proposed
and what is being acted on at this time. He referenced a new sign posted indicating that the site is
marina and residential, felt that this may be a "bait -and -switch" effort and expressed concerns relating to
the high water velocity at the Warner Avenue Bridge. He suggested implementing a bicycle/segway
rental onshore and add fishing overlooks which would satisfy the Coastal Commission's goal of affordable
water front access without the risk of human safety.
Chris Larson commented on the plan and stated that the application is restricted to a marina, restaurant,
and public dock and paddle board and kayak rentals and sales kiosk, and that nowhere is residential use
suggested. However, Mr. Larson indicated that over the weekend, new signage appeared announcing
the project as a marina and residential project. Mr. Larson reported that the proposed land use is not
consistent per trade in the project description, and not what was reviewed in the original assessment. He
Council/ PFA Minutes
November 19, 2012
Page 14 of 28
stated that what the applicant is planning is not what is represented in the project description and
therefore, Council cannot approve the entitlement or certify the MND.
Brian Griley stated that while the members of DASH agreed with a new marina, the specific site was a
bad location noting that the currents from the site are extremely swift and that the velocity of the water
increases as the tide rises. He noted that the environmental assessment never mentioned the hazard to
humans and addressed the results of the assessment, also noting that use of paddle boards and kayaks
was never mentioned. He asked that Council take time to understand the implications of what Council is
being asked to approve. He noted an increased risk in the area and asked consideration of moving
recreational opportunities to the shoreline.
Ed Clark felt that it is irresponsible to install a marina in the hazardous area and stated that there are
other safer locations to consider. He addressed multiple accidents in the area and asked Council to
consider the right thing to do and side with increased public safety. He felt this is not the place to paddle
boards and kayaks.
Dr. David Greco expressed concerns about the fast pace in which the project is being considered. He
expressed safety concerns and asked Council to consider the dangers involved. He felt that this location
is too close to the tidal surges under the Wetlands Bridge and asked that the public recreational uses be
moved to the shoreline. He urged Council to postpone approval of the project.
Jim Dawson expressed concerns with the impacts of the project including the potential of a "bait -and -
switch" perpetuated by the applicant. He expressed concerns about the safety of the proposed location
and felt that the applicant is not being totally honest. He asked that the applicant rewrite the project
description as a mixed -use residential village and that staff be asked to conduct a full environmental
impact report.
William Wheeler, President of the Huntington Beach Sailing Foundation, described his organization and
read a letter approved by the Board in opposition of the development. He expressed safety concerns with
the proposed location and felt approval of the project would infringe on the safe use of the Foundation.
He felt that an equipment rental business would increase vessel traffic in the area and cause disruption of
the Harbour waterways and pose a safety concern to current users. He recommended that Council
carefully consider the issue and the safety of the Foundation's sailing students.
Susan Dawson, a member of DASH, expressed disappointment that the noise impacts were not
adequately reviewed in the initial environmental assessment. Times of operation of the proposed
restaurant were not thoroughly reviewed as well. She asked that Council understand the impacts that will
affect resident quality of life and asked that Council take its time in considering all of the relevant issues.
William Bodaski, a member of DASH, expressed opposition to the project including preserving the
aesthetic resources of the City and impacts of views to adjacent neighbors. He did not agree with the
level of assessment within the MND, addressed safety issues and those related with the operation of the
restaurant/bar. He expressed disappointment that the MND never considered impacts to resident views
and felt that the document is inadequate. He stated that he is a paddle boarder and wouldn't go into that
area because of safety hazards and listed other issues that have not been addressed through the MND.
He addressed lack of community outreach on the matter.
In response to an inquiry from Mayor Hansen, staff reported that the serving of alcohol is not
recommended for the area; that staff is recommending denial.
Donna Gray spoke on behalf of the Philharmonic Committee on the Harmony Cove Development, noting
that the Board of Directors expressed concerns with the project. She addressed the activities of the
Committee and expressed concerns with allowing paddle boards and kayaks in the area and with the size
and scope of the proposed marina. She expressed safety concerns and asked that Council consider
denying the matter.
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November 19, 2012
Page 15 of 28
Wayne Phillips spoke in opposition to the project and expressed concerns regarding density and impacts
to residents' views, the size of the proposed marina, traffic and parking. He felt that the project would
degrade the quality of life, affect residents' views, and create hazardous conditions for emergency boats
and yacht club visitors.
Jeff Silver noted that he is a long-timesurfer and is familiar with safety issues in relation to the specific
area. He reported that he used to build docks and noted the need to consider currents and the depth of
silt buildup and wondered who is responsible for dredging and the related costs. He asked Council to
slow down and take a hard look at all of the issues of concern.
Victor Leipzig addressed the issue of water quality related to construction of the project and operations.
He referenced a letter from Orange County Coast Keeper and agreed with its comments that a MND is
not an adequate analysis for the potential impacts on a world class environmental site like Bolsa Chica
but that a focused environmental impact report would have been a more appropriate approach. He
addressed the importance of protecting the wetlands and requested that Council direct the applicant to do
further analysis on water quality issues.
Rocio Griley spoke in opposition to the project and felt that the MND is silent on the most important issues
including lighting, traffic, parking or impacts and protective measures to marina visitors who will rent
kayaks and paddle boards without proper experience of the extremely swift waters in the cul-de-sac. She
addressed hazards related to the velocity of the water during high tides. She suggested that the
developer consider on -shore recreational activities rather than the proposed development.
Mike Adams reported that the project has received extensive review and presented a brief history of the
property and stated that a residential component may become part of the project in the future, but that is
not what is being considered today. Mr. Adams indicated that there is sufficient parking, no alcohol
served in the proposed restaurant and that many studies have been conducted as well as community
meetings. He stated that if some of the proposed components end up being undesirable in one location,
consideration will be given to providing a new location. He agreed that incorporating a recreational
component on shore is good idea. He asked that Council support the Planning Commission
recommendations with additional variances and allows the dock line to be on the property line.
In response to an inquiry from Councilmember Boardman, Mr. Adams addressed the operating hours for
the proposed restaurant and the commercial kiosk.
Lee Mosier indicated that the project is not the right one for the particular area. He noted that another
property owned by the developer has not been successful and expressed concerns about the lack of
specific information.
Joel Zakudo commented on existing bars in the area, ecological issues and related impacts, and spoke in
opposition to the proposed project. He felt that additional information is needed before a decision is
made.
Liz Noreiga commented on the evolution of the project and spoke in support of some aspects of the
project including the restaurant.
Liberty Edwards commented on the potential impacts of the proposed restaurant relative to the amount of
trash generated which will attract rodents as well as hazards related to grease traps.
There being no others wishing to address Council, Mayor Hansen closed the public hearing for this item.
Councilmember Boardman inquired regarding PCBs contained in sediments and would be brought back
into the water column during dredging and construction of the marina. She inquired whether soil samples
will be taken before disturbance of the sediments.
Council/ PFA Minutes
November 19, 2012
Page 16 of 28
Associate Planner Jennifer Villasenor reported that the MND requires proper disposal of contaminated
soils and that there is specific protocol for disposal required by the City and the Army Corps of Engineers
and the County. It was noted that the issue is addressed under Condition of Approval No. 4 in the report.
Senior Planner Jane James reported that there are mitigation requirements for a swale curtain to contain
sediments in the construction area but no requirements for soil sampling.
Councilmember Boardman felt a requirement for soil sampling is extremely important and stated that she
would like to see that added to the mitigation measures prior to the disturbance of any sediment. She felt
that the restaurant and marina are compatible uses but shared resident concerns regarding kayaks and
paddle boards concessions in the channel. She agreed with hazardous conditions caused by the velocity
of the water under the bridge at high tide and suggested either relocating the concession or developing
another type of on -shore recreational/commercial use.
Councilmember Boardman referenced a letter from the Economic Development Department regarding
concerns with limiting future development of the City -owned marina property while increasing the
applicant's property value which may be perceived as a gift of public funds. Staff noted that the issue will
be addressed during consideration of the license agreement requiring some sort of compensation.
In response to Councilmember Boardman's inquiry regarding future development of residential in the area
and what would happen to the restaurant, the applicant reported that presently, the request is purely for
the commercial element. The idea of residential has been discussed as a possibility in the future. It was
noted that the sign referred to by many speakers was placed by the previous owners.
Councilmember Boardman wondered regarding the distance of the proposed restaurant from the existing
condominiums. Staff will follow up regarding the issue. Councilmember Boardman requested a
mitigation measure requiring shielding of the lights and as well as a mitigation measure allowing dredging
from November to March only to be sensitive to the endangered species in Bolsa Chica.
Councilmember Bohr commented on the prohibition of jet skis in the Harbour, use for the area with limited
opportunities, benefits of dredging, the hiring of a permit expeditor by DASH, the desire for residential by
others, positive comments by speakers regarding the proposed use and concerns regarding access to
residential piers and backyards. He indicated that he will support the recommended action.
Councilmember Harper commented on the sign addressed by residents, neighborhoods adjacent to the
channel and prohibitions on being able to use those docks for kayaks and paddle boards by the public,
background regarding the previous use of the property, the potential for high-rise condominiums and the
common elements between the previous and the proposed uses for the property.
Councilmember Shaw agreed with Councilmember Bohr regarding the public fear that people would have
access to their properties and the opportunity to steal things.
Police Chief Small reported that Huntington Harbour is one of the lower theft areas than Huntington
Beach.
Councilmember Shaw inquired regarding ecological impacts to Bolsa Chica and staff reported that.
notices of availability for the MND were submitted to the Department of Fish and Game which submitted
two comment letters regarding their concerns. It, along with staff responses, is included in the agenda
packet. Their comments related to how the project would impact the various marine flora and fauna and
as a result, several additional mitigation measures were added to protect marine mammals in addition to
the mitigation measures that were already there to protect soft -bottom habitat and eelgrass.
Discussion followed regarding changing the zoning from residential to recreational and actions needed to
change zoning back to residential in the future.
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November 19, 2012
Page 17 of 28
Councilmember Shaw addressed the hazards referenced by the public and reported receiving a letter
from the Sailing Foundation indicating that the location provides a safe, sheltered and lightly -used section
of the Harbour in which to conduct lessons and wondered regarding the contradiction in information. He:=.,
indicated that he would support the project if the mitigation is changed to require the shielding of lights, oil
samples during dredging and confining the dredging from November to March.
Mayor Pro Tern Dwyer inquired regarding the existence of a lighting plan and staff noted there is no plan
at this time but that it would be subject to the City's Code requirements which would require shielding of
the lights and is discussed in the MND. Discussion followed regarding dock security and staff reported
there are no related conditions at this time. Mayor Pro Tern Dwyer indicated that he would like to see
locks on the gates to limit access to the docks. Discussion followed regarding the hours allowed for
paddle boarding and kayaking and establishing them from dawn to dusk.
Mayor Pro Tern Dwyer addressed dredging responsibility and it was noted that the applicant would be
responsible for dredging on their property.
Councilmember Carchio commented on organic trash and grease traps and addressed existing
restrictions within the City's Code requirements. Discussion followed regarding concerns by the Yacht
Club regarding their visibility from the Boat Parade. It was noted that it will not affect the Yacht Club from
the channel and that the docks from the channel will have public access but not from the marina. The
marina will have one public slip.
Discussion followed regarding details of some of the variances related to trees, setbacks and changing
the hours allowed for kayaking and paddle boarding as well as locked gating for the docks.
A motion was made by Dwyer, second Carchio to approve Mitigated Negative Declaration No. 12-004
with findings and mitigation measures; and, approve Zoning Map Amendment No. 2008-001, Conditional
Use Permit No. 2008-014, Coastal Development Permit No. 2008-008, and Variance No. 2011-007 with
findings and suggested conditions of approval; and, deny Tentative Parcel Map No. 2011-138 with
findings and amended as discussed to include the applicant's recommended changes, dawn to dusk
winter hours of operation for kayak operations, and FOB access to locked gates.
Councilmember Boardman added that there would be testing of sediments prior to any dredging,
development of mitigation measures to prevent the spread of contaminants if they exist in high levels, and
limit dredging from November to March.
Mayor Pro Tern Dwyer agreed with the amendments to the motion as requested by Councilmember
Boardman. Councilmember Carchio agreed to the amendment as the second to the motion.
Councilmember Bohr wondered regarding establishing a baseline for the level of contaminants in
sediments and Councilmember Boardman indicated that she would look to staff to determine those levels.
Staff noted that the appropriate language was included within the Conditions of Approval.
Associate Planner Jennifer Villasenor reported that the applicant submitted a sediment characterization
upon submission of the application and it was concluded that there could be potential contaminants within
the dredged soil. Mitigation measures requires that dredging be limited to the months between November
and March to minimize impacts and require specific performance standards to ensure there will be no
impacts to marine life.
The amended motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
Council/ PFA Minutes
November 19, 2012
Page 18 of 28
Consent Calendar Item No. 10 heard and acted upon at this time at the request of Mayor Hansen.
22. Approved General Plan Amendment No. 08-04 by adopting Resolution No. 2012-79 and Zoning
Map Amendment No. 08-04 by approving for introduction Ordinance No. 3965 (Wardlow School
Site - Land Use/Zoning Amendments)
Senior Planner Jane James presented details of the report addressing project description, General Plan
Amendment (GPA) and Zoning Map Amendment (ZMA), site location, background, consistency with
surrounding land use designations, Planning Commission and staff recommendations.
Councilmember Boardman inquired regarding Measure C and improvements to the park.
City Attorney McGrath affirmed that improvements to the park would not trigger Measure C.
The public hearing was opened by Mayor Hansen, and interested parties were invited to address Council
on this item.
City Clerk Flynn noted supplemental communications received on this item from Jerry L. Wheeler, Senior
President and CEO of the Huntington Beach Chamber of Commerce regarding the land use amendments
for the Wardlow School site.
Tom Grable, Applicant, thanked City staff for their thorough analysis of the project as well as the Planning
Commission. He addressed the approach taken, community outreach and benefits, details of the
development plan, architecture, green building program, planned unit development, conformance to RL
zone requirements, edge treatments, impacts to privacy, setbacks, plotting maximizing setbacks,
environmental review, completion of the Naylor Act process, community benefits, providing new revenues
for the City and economic stimulus for local businesses.
Marlo Mole, Tri Pointe Homes, reported that she assisted with community outreach efforts and presented
details of the community outreach program and community engagement and support. She distributed
letters of support from adjacent neighbors and asked Council to support the project.
Jerry Wheeler, Huntington Beach Chamber of Commerce, referenced written comments provided earlier
and expressed support for the project. He addressed creation of new jobs and local economic activity
and benefits for the area. He encouraged Council to support the project.
Marc Ecker, Superintendent of the Fountain Valley School District, urged Council to support the project
and indicated that this is a school that has been closed for over thirty years and is part of the District's
Assets Plan. He thanked Council for the opportunity to speak and requested support for the project.
Chris Grandall referenced an email sent to Council and staff and addressed the rezoning of the property
and presented a brief history of the project. She addressed incompatibility with surrounding properties
and impacts to traffic on Pioneer. She expressed concerns with safety issues for children using the
baseball fields. She asked that Council deny the rezoning and felt that the Mitigated Negative Declaration
(MND) has major defects that need to be addressed.
Jean West spoke in support of the project and the improvements proposed to address the hazardous
condition of the baseball fields.
Ian Collins, President of the Fountain Valley School Board, spoke in support of the project and
commended the developer for their outreach program. He urged Council to approve the plan.
Councilmember Harper inquired regarding the proceeds from the sale of the properties and asked
whether there will be a need for future increases in property taxes related to the property.
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November 19, 2012
Page 19 of 28
Mr. Collins reported that the money will go into a Fund 40 and the Board will decide how that fund is to be
used. He addressed the former Bushard site and explained has followed closely on the development of
the Wardlow site.
Molly Carmichael spoke in support of the development and felt that the proposed improvements will be
very helpful. She addressed creation of a competitive nature within communities, and felt that property
values will increase and commended the developer for their community outreach efforts.
Johanna Rakhshani spoke in favor of the project but indicated errors within the Mitigated Negative
Declaration (MND) regarding trips generated to and from schools. She requested sending the issue back
to the Planning Commission for reconsideration of possible impacts to traffic.
Patti Pahtoja thanked Council for their time and expressed concerns regarding increased traffic as a
result of the proposed project. She presented personal testimony regarding access by emergency
vehicles and felt that the issue needs to be considered carefully. She wondered regarding a rodent
problem and moving the lighting across the street on Pioneer. She encouraged Council to reevaluate the
project to consider all relevant issues.
Mike Adams addressed impacts to traffic but added that they will not increase the capacity of the streets.
He asked for support of the Planning Commission recommendations and noted compatibility with the
existing neighborhoods and times.
Brent Brummett, President of Huntington Valley Little League, expressed strong support for the project
and addressed the benefits of the project to the League.
Craig Young, Member of the Board of Directors for the Huntington Valley Little League spoke in support
of the project and commended the community outreach efforts and concessions. He noted traffic issues
in the entire City and felt that the project will raise property values for current residents. He also
addressed the coyote issues and spoke in support of increased education and awareness.
There being no others wishing to address Council, Mayor Hansen closed the public hearing for this item.
Councilmember Boardman addressed parking challenges during baseball days and asked whether the
neighborhood has a residential permit parking program. It was noted that there is no residential parking
permit program in the neighborhood and that parking is challenging during baseball days. It was noted
that the parking lot should alleviate some of the problems.
Discussion followed regarding lighting along Pioneer and staff reported that the applicant is requesting to
relocate the lights and underground the utilities. Ensuing discussion pertained to zoning of the
surrounding homes and the maximum density permitted.
Councilmember Bohr invited the applicant to address Council regarding comments made by the public.
Mr. Grable reported that the traffic study was done under the purview of the Planning Department and
noted that just because it doesn't reflect what one thinks it should say, does not mean that it is incorrect.
He noted that it shows that there are no negative implications because of the existing streets that it will
support. He addressed relocation of the street lights and stated felt that it would provide additional
community benefits and an extra measure of security.
Councilmembet Bohr commended the developer on the comprehensiveness of the plan and indicated
that he will support the recommended action.
Mayor Hansen commented positively on the development and felt that it provides a win -win solution to all
panties involved.
Council/ PFA Minutes
November 19, 2012
Page 20 of 28
A motion was made by Hansen, second Bohr to approve General Plan Amendment No. 08-04 by
adopting City Council Resolution No. 2012-79, "A Resolution of the City Council of the City of Huntington
Beach Approving General Plan Amendment No. 08-04;" and, approve Zoning Map Amendment No. 08-04
with findings by adopting City Council Ordinance No. 3965, "An Ordinance of the City of Huntington
Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning
Designation From PS (Public Semi -Public) to RL (Residential Low Density) on Real Property Located on
the North Side of Pioneer Drive, East of Magnolia Avenue (Zoning Map Amendment No. 08-04)."
Councilmember Harper commented positively on the project and addressed other similar developments,
addressed benefits to the City and the community. He indicated that he will support the project.
Councilmember Boardman indicated she sees the project as compatible with surrounding densities and
that she will be supporting the project as well.
The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
NOES: None
City Clerk Joan Flynn read into the record, by title only, Ordinance No. 3965 (Wardlow School Site - Land
Use/Zoning Amendments).
23. Approved Mitigated Negative Declaration No. 08-13 and General Plan Amendment No. 08-05 by
adopting City Council Resolution No. 2012-82, approved Zoning Map Amendment No. 08-05 by
approving for introduction City Council Ordinance No. 3967, and approved Tentative Tract Map
No. 17238 and Conditional Use Permit No. 08-26 with findings and suggested conditions of
approval for the proposed Lamb School Residential Subdivision
Senior Planner Jane James presented details of the report including project description, entitlements, site
location, and background, decision by the Subdivision Committee and approval by the Planning
Commission. She addressed an appeal by Councilmember Dwyer to allow Council to consider all of the
issues concurrently. Ms. James addressed CEQA analysis and results of the Mitigated Negative
Declaration (MND), receipt of public responses to the MND and staff responses to the letters received.
She addressed main issues raised regarding parking, open space, in lieu fees and park improvements.
She addressed calculation of open space, traffic impacts, and consistency of the General Plan and
Zoning amendments to surrounding designations. Ms. James addressed land -use compatibility,
increased rear -yard setbacks, .privacy protection measures, density and requirements regarding in -fills.
She presented details of public benefits, and green building strategies. She addressed recommendations
by the Planning Commission and staff.
The public hearing was opened by Mayor Hansen, and interested parties were invited to address Council
on this item.
City Clerk Flynn reported receipt of two supplemental communications regarding this item from Jerry
Wheeler and Mary Jo Baritesh.
Tom Grable, Applicant, presented details of the project and reported similarities between this and the
previous item, and conformance with land -use designations. He addressed creativity in design, setbacks,
strategic placement of windows, the environmental review process, traffic studies, and open space for
that area. He presented details of community benefits and improvements to the park, phasing, payment
of park fees, .storm drain facility, green building program, Measure C application to the site and the
proposed youth soccer field. He addressed job creation and economic benefits to the community and
presented communications received from community opponents relating false and misleading
information. He presented a summary of City compliance.
Council/ PFA Minutes
November 19, 2012
Page 21 of 28
Councilmember Shaw addressed a flier distributed by opponents and noted that it was distributed to at.
most, one hundred people. He reported on money spent by TriPoint in a negative campaign against a
candidate in a recent Huntington Beach election.
Mr. Grable stated that neither he nor his company contribute to any sort of negative mailers of any kind.
Discussion followed regarding the relevance of this issue to the public hearing at hand.
Mayor Hansen noted that Councilmember Shaw's comments are not an appropriate line of questioning.
In response to Councilmember Carchio's inquiry, Mr. Grable reported there have been conversations with
the leaders of AYSO regarding moving the proposed soccer field. The Fountain Valley School District
has communicated with AYSO on the issue of relocating the fields.
Mario Mole presented details of the organization's public outreach program on the project. She noted that
public feedback helped in development of the plan and referenced and distributed letters of support from
residents. She asked that Council approve the project.
Katie Fabre spoke in favor of the project because of the improvements it brings to the area including the
proposed soccer field, removal of blight and the organization's community outreach program.
Alan Gandall, AYSO Region Commissioner, spoke in support of the project and provided information
regarding the organization. He addressed the property jurisdictions, fields on the jurisdiction of the
Fountain Valley School District and presented improvements on the AYSO Lamb site. He spoke in
support of the project.
James Bailey reported that the developer reached out to the community but did not take input from the
public. He felt that they did not listen to the public's recommendations and acknowledged financial
benefits to improving the property. He expressed concerns regarding density, traffic impacts and
considering the three soccer fields noting there is a lot of grass area and that the area is clearly open
space. He spoke in opposition to the project and indicated that he could not see the benefits claimed by
the developer.
Kandice Chaney spoke in opposition to the existing condition of the abandoned area and expressed
concerns regarding the school. She spoke in favor of the project and felt that property values will
increase because of the new development.
Jenni Vogel spoke in support of the project and commented on the closure of schools throughout the
areas. She listed benefits of the proposed development including providing funds to local schools. She
asked that Council approve the project.
Linda Ford spoke in opposition to the project and indicated that the area is a field and not a park. She
addressed actions by the Planning Commission and inquired regarding the related costs for the proposed
improvements. She presented suggestions for other developments and asked that Council consider the
issue closely and not approve the item at this time.
Carol Mac Farlane spoke in support of the proposed project noting that it is not the public's field. She felt
it is great that the developer will invest in the project and pointed out that the proposed green building will
be something that the City will be proud of.
Robert Briggs reported that he is not against the project but expressed concerns with how many houses
are being proposed. He stated that the lot sizes are not consistent with the surrounding areas and
creates additional traffic. He wondered about availability of parking and stated that he has received only
two pieces of mail regarding the proposal from the City and nothing from TriPoint relative to their
Council/ PFA Minutes
November 19, 2012
Page 22 of 28
assertion of community outreach.
Molly Carmichael commented positively on the conversion of abandoned school sites and spoke in
support of the development. She felt that the development will increase property values.
Ian Collins, President of the Fountain Valley School Board, commented positively on the developer and
felt that the development will benefit the entire community.
Nobu Stillwell reported that she never received any notification from TriPoint regarding the development.
She complained about the Planning Commission process and commented on a previous proposal related
to TriPoint.
Gina Staropoli asked Council to postpone approval of the item noting that it needs additional analysis
relative to density and compatibility with the surrounding community. She opined that the size of the
proposed park is too small.
Marc Ecker, Superintendent of the Fountain Valley School District, addressed use of other school sites
and noted that the District has authorized the use of other school sites for soccer leagues to choose. He
addressed in -fill sites and commented positively on TriPoint. He urged Council to support the project.
Charles Pocher spoke in opposition to the proposed development due to a decrease in open space,
increase in traffic congestion and contributing to an overburdened school system. He urged Council to
deny the project.
David Stillwell expressed concerns regarding the proposed density, the number and size of the soccer
field being proposed and reported never receiving any notification regarding the development.
Ursula Hartunian expressed concerns regarding increased traffic as a result of the development and
opposed the proposed development.
Margaret Auger reported that she was contacted by the developer and spoke in support of the project.
Norman Whiteman opposed the proposed development and addressed existing uses of the current field.
He suggested that the field stay intact and that the abandoned school buildings be removed and the area
of the east parking lot be utilized and sold to the developers in order to build ten or less houses. He
expressed concerns regarding the resulting lack of parking.
Lawrence Hutchins, Counsel for a group that would like the project limited. He felt that community input
was disingenuous and referenced a petition of 600 residents opposing the project. He expressed
concerns with the proposed density of the project and noted that in order for it to be a planned unit
development, it must have a benefit. He stated the he cannot see the benefits to the community and felt
that the Planning Commission seemed like an advocacy group rather than evaluating the project
objectively.
Holly Derheim, representing the Lamb School Neighborhood Save Our Field Committee, submitted a
petition signed by 600 residents in opposition to the project along with a list of problems related to the
MND. She felt that the District's needs are not the only consideration to be given to the project and asked
that Council take into consideration the needs or nearby residents. She addressed compatibility with
surrounding residences and asked Council and the Fountain Valley School District to come with a
reasonable plan for the open space.
An unnamed speaker spoke in opposition to the proposed development, addressed drains to fields and
noted problems that have yet to be addressed including the existence of toxins in the area. He expressed
concerns regarding impacts to traffic and asked Council to deny the application.
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November 19, 2012
Page 23 of 28
Cheri Olson read a letter from the Huntington Beach Environmental Board sent in response to the MND.
The letter noted that without the special designation, the project violates provisions related to minimum lot
sizes and expressing concern that zoning requirements are being ignored without proper justification. It
opposed the proposed density and that there has been insufficient consideration of the consequences of
the planned neighborhood and the effect on the surrounding community.
Edra Bonsall noted that AYSO teams play on the existing field and commented on the size of the
proposed field. She spoke in opposition to the proposed development and addressed impacts to local
schools and provided suggestions for alternate developments.
Helen Ford spoke on behalf of the Save Our Field Committee, and expressed concerns with pollutants
associated with the development. She addressed the assertions by the developer regarding public
notification and reported that their outreach efforts were insufficient. She asked Council to think long-
term.
Ken Brandt spoke in opposition to the development and addressed the removal of twenty-seven existing
mature trees and related Code requirements. He requested that Council deny the project or postpone the
process for further study and consideration.
Walt Woodworth addressed use of the site and noted that it is clean and well -maintained because of
community efforts. He indicated that it would be a shame to lose the open space.
Arlyn Lee spoke in support of the proposed development but opposed the number of homes planned for
the site and expressed concerns with the impacts to traffic and the environmental impact to the
community.
Dave Stefanides, Orange County Association of Realtors, noted that the real estate market is recovering
and indicated that the two projects represent an important segment of the housing stock in Huntington
Beach. He indicated that Association members reviewed the project, commented positively and
expressed approval. He addressed the job creation impact and indicated support for the project.
Niki Williams expressed support for the proposed development and noted benefits associated with the
project.
Thuhang Tran asked Council to save the open space and referenced a petition of 600 residents in
opposition to the project. She expressed concerns with noise and pollution from construction and
increased traffic. She asked that Council listen to the residents and deny the project.
Mark Bixby, Planning Commissioner, noted that a Measure C vote was not required on the item and
asked Council for clarity on .the issue from the City Attorney. Mr. Bixby reported that he inquired
regarding applying Measure C .to the Wardlow project and noted why he did not feel there were Measure
C issues for the Wardlow project. He addressed improvements that would trigger the application of
Measure C.
In response to an inquiry from Councilmember Carchio, City Attorney McGrath reported that a parking lot
has never been considered a structure and that paving a park is acceptable under Measure C. She
reported that structure is not defined as Mr. Bixby is defining it but that a Tot Lot is a park amenity.
Councilmember Boardman inquired as to why Mr. Bixby was advised that, his question was not able to be
answered because of attorney/client privilege. Ms. McGrath explained that at the time, the City Attorney's
office was still completing the research and so the memorandum on the project was not yet subject to
release.
Ralph Staropoli spoke in opposition to the proposed development, especially related to the density. He
felt that the community benefit offered is not sufficient and that more space is needed. He expressed
Council/ PFA Minutes
November 19, 2012
Page 24 of 28
concerns with increased traffic because of the planned development.
Brenda Calvillo opposed the development and encouraged Council to do the right thing for residents
Mike Adams noted there is no ten -foot retaining wall proposed for the units and that everything has been
done to try to accommodate the surrounding neighborhood. He addressed traffic circulation and stated
that traffic will be impacted on Yorktown which is designed to accommodate more traffic. Mr. Adams
presented a brief history of the property development process.
There being no others wishing to address Council, Mayor Hansen closed the public hearing.
Councilmember Boardman commented regarding concerns about storm water runoff and first -flush
running into the soccer field but stated that developer has indicated willingness to flatten out the field.
Staff reported that the detention basin is not to treat the first -flush but that the developer is proposing a
water quality management plan and a separate lot to treat first -flush. The plan encourages infiltration
involving routing all of the first -flush through a vegetative swell promoting infiltration before entering the
storm drain. Any water that enters the basin would be clean.
In response to Councilmember Boardman's inquiry, staff explained that the grassy fields adjacent to the
school are not considered open space, legally, because the school is not a designated park site within the
City's inventory, but rather a school field. The land is considered private land, although it is owned by the
School District and is not a designated park and not designated in the City's General Plan or Zoning
documents. The developer is proposing paying in lieu fees to meet park land requirements and to
improve the Lamb Park with park improvements.
Facilities Development and Concessions Manager David Dominguez explained that the City is limited as
to the amount of land the City can purchase from the School District thru the Naylor Act. He provided a
brief history of the efforts to purchase the land from the School District.
Staff addressed fugitive dust from construction and noted the need to meet the requirements of the
AQMD.
Councilmember Boardman addressed the costs of the park improvements and wondered why
improvements to the proposed park do not require a Measure C vote.
City Attorney McGrath explained the differences between the subject improvements and those of the
Sports Complex.
Councilmember Boardman stated that she can see both sides of the issue and indicated that she will not
support the project.
Councilmember Carchio inquired regarding use of the proposed soccer field and whether all soccer fields,
at all levels are able to play on the soccer field.
It was noted that the soccer field will be able to accommodate the parameters for AYSO U14 and U16.
Marc Ecker, Superintendent of the Fountain Valley School District, has identified schools that have the
space and that it has negotiated with TriPoint to identify what schools are available to fill the gap created
during construction.
Mr. Grable reported on the length of time needed to improve the park in conjunction with construction of
the development. He added that the development will be green -point rated which is equivalent to LEED
in commercial buildings.
Council/ PFA Minutes
November 19, 2012
Page 25 of 28
Councilmember Carchio inquired regarding the community outreach efforts and Mr. Grable explained the
areas where mailers were sent where residents were directed to a website to receive additional
information.
Police Chief Small responded to Councilmember Carchio's inquiry noting that in general, closed school
sites are attractive nuisances, that many complaints are received, but he is not aware of specific arrests
related to that site. One of the complaints received from neighbors regarding the site is the existence of
paraphernalia and other things indicating that people have used drugs on the site. He added that the site
is used for SWAT training which may have a deterrent effect on criminal activity and graffiti.
Councilmember Carchio noted that the field is not really the public's field and addressed increases in the
value of adjacent properties by the development. He indicated that he will support the project.
In response to Mayor Pro Tem Dwyer's inquiry regarding incorporation of the Naylor Act, Mayor Hansen
explained the process and previous negotiations held noting that the City bought the land to protect it in
perpetuity.
Councilmember Harper presented a brief history on the negotiations and actions by the City and the
School District. He stressed the importance of considering who is on the Board of Trustees for local
School Districts. He addressed other school sites that have been converted to residential neighborhoods.
He indicated support for the project.
Councilmember Shaw agreed with comments made by Councilmember Boardman and felt it is not
consistent with the surrounding land -use designations and will not support the project.
A motion was made by Hansen, second Carchio to approve Mitigated Negative Declaration No. 08-13
with findings and mitigation measures; and, approve General Plan Amendment No. 08-05 by approving
City Council Resolution No. 2012-82, "A Resolution of the City Council of the City of Huntington Beach
Approving General Plan Amendment No. 08-05;" and, approve Zoning Map Amendment No. 08-05 with
findings by adopting City Council Ordinance No. 3967, "An Ordinance of the City of Huntington Beach
Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation
From PS (Public -Semipublic) to RL (Residential Low Density) on Real Property Located on the North Side
of Yorktown Avenue, East of Brookhurst Street (Zoning Map Amendment No. 08-05);" and, approve
Tentative Tract Map No. 17238 with findings and suggested conditions of approval; and, approve
Conditional Use Permit No. 08-26 with findings and suggested conditions of approval and as amended to
direct that the developer and AYSO representatives meet and discuss what is appropriate for the
proposed field. The motion carried by the following vote:
AYES: Harper, Dwyer, Hansen and Carchio
NOES: Shaw and Boardman
OUT OF ROOM: Bohr
The City Clerk read the title of Ordinance No. 2967 into the record for introduction.
A motion was made by Hansen, second Dwyer to continue conducting business past 11:00 PM. The
motion carried by the following vote:
AYES: Harper, Dwyer, Hansen, Carchio and Boardman
NOES: None
OUT OF ROOM: Shaw and Bohr
24. Approved Tentative Tract Map No. 17397 and Coastal Development Permit No. 10-017 (Pacific
Mobile Home Park Subdivision) - Conversion from Resident Rental to Ownership —
Reconsideration
Council/ PFA Minutes,
November 19, 2012
Page 26 of 28
Associate Planner Villasenor presented details of the report addressing the specific request, requirement
of a Coastal Development Permit, background and previous considerations by the Planning Commission
and Council, litigation and results, analysis and submission of all necessary documentation by the
applicant. She presented recommendations as stated in the report and noted that revised conditions
were received and that the applicant is in agreement with them.
The public hearing was opened by Mayor Hansen, and interested parties were invited to address Council
on this item.
City Clerk Flynn reported that supplemental communications were received from Mark Alpert, Mary Jo
Baritesh, Cathy Vonn, Pete and Jody Volman, Scott Hess, Director of Planning and Building, and Pacific
Mobile Homes.
Mark Alpert indicated agreement to the conditions and referenced suggestions that Council may have the
discretion to deny the application and find that it is not a bonafide subdivision application and noted that
the topic was addressed in his written communication. He addressed appellate decisions that have
uniformly indicated that the scope of review is limited to complying with Government Code 66427.5, which
the applicant has done. Mr. Alpert referenced a similar applicable case and noted that there is no basis
for the City to deny the application.
In reply to Mayor Pro Tern Dwyer's inquiry, Mr. Alpert addressed recording of the encroachment relative
to disclosure required by the CC&Rs.
There being no others wishing to address Council, Mayor Hansen closed the Public Hearing.
A motion was made by Hansen, second Harper to approve Tentative Tract Map No. 17397 and Coastal
Development Permit No. 10-017 with findings and revised conditions of approval and as amended to
include modified conditions of approval identified in supplemental communication.
The motion carried by the following vote:
AYES: Harper, Dwyer, Hansen, Carchio, and Boardman
NOES: Shaw
OUT OF ROOM: Bohr
25. Approved and authorized the execution of an Agreement to transfer funds for FY2012 Edward
Byrne Memorial Justice Assistance Grant (JAG) Program
The public hearing was opened by Mayor Hansen, and interested parties were invited to address Council.
City Clerk Flynn indicated there are no speakers and no supplemental communications on this item.
Mayor Hansen closed the Public Hearing.
A motion was made by Shaw, second Dwyer to approve and accept the "Agreement to Transfer Funds for
2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program" between the County of Orange
and the City of Huntington Beach; and, authorize the City Clerk and the Mayor to execute on the City's
behalf the agreement to transfer funds for FY2012 Edward Byrne Memorial (JAG) program between.the
County of Orange and the City of Huntington Beach; and, approve the appropriation and expenditure up
to $28,246 to be fully reimbursed by the grant from the Department of Justice via the County of Orange.
The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, and Boardman
NOES: None
OUT OF ROOM: Bohr
Council/ PFA Minutes
November 19, 2012
Page 27 of 28
ADMINISTRATIVE ITEMS
26. Approved Employment Agreement between the City of Huntington Beach and Michael Vigliotta
for the position of Chief Assistant City Attorney and established the Chief Assistant City Attorney
Compensation Schedule and Salary Range
City Manager Wilson noted that the position was established, recruitment was conducted and that Mr.
Vigliotta was determined to be the top candidate.
A motion was made by Dwyer, second Shaw to approve the appointment of Michael Vigliotta to the
position of Chief Assistant City Attorney, and, establish the Compensation Schedule and Salary Range
for the position; and, approve and authorize the City Manager to sign and execute the Employment
Agreement between the City of Huntington Beach and Michael Vigliotta for the position of Chief Assistant
City Attorney. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, and Boardman
NOES: None
OUT OF ROOM: Bohr
COUNCILMEMBER ITEMS
27. Submitted by Councilmember Joe Carchio - Ordinance to prevent the feeding of coyotes and
non -domestic animals in residential neighborhoods. Continued from the October 15, 2012 City
Council meeting, continued again to a future meeting.
Councilmember Carchio reported that because of the lateness of the hour, he decided to pull the
aforementioned item to be brought back before Council at a later meeting, date uncertain at this time. No
vote was required on this item.
28. Submitted by Mayor Pro Tern Devin Dwyer - Recommendation that the City retain the services of
a trapper due to the high number of incidents and complaints concerning coyotes in Huntington
Beach amended to only approve education efforts about coyote presence.
Mayor Pro Tern Dwyer amended his recommendation to state that it would be a misdemeanor to feed
coyotes and move the item forward. He indicated that he is trying to mitigate the problem, has listened to
professional opinions as well as public comments.
Councilmember Harper acknowledged the importance of the issue but indicated that he is inclined not to
vote for the motion because he believes that this level of detail is not necessary.for direction by Council.
He expressed confidence in staff to decide when trapping is and is not appropriate.
Mayor Pro Tern Dwyer responded regarding his efforts to work with staff but noted challenges faced in
trying to resolve the issue.
Councilmember Shaw stressed the importance of making a decision based on science which indicates
that trapping and killing will not have the desired effect of eliminating or reducing the coyote population.
He indicated that the City does not have the resources to get into the coyote -killing business and should
trust the experts.
Councilmember Boardman pointed out that staff already has the power to hire trappers, as needed, to
target specific problems in specific neighborhoods. She thanked'Mayor Pro Tern Dwyer for bringing the
item former which has served to increase. awareness. She added that the Police Department will act on
calls of aggressive animals in the neighborhoods. She referenced various studies noting that removing
problem animals will not reduce the population and that feral cats are a source of food for coyotes and
therefore, by feeding them, the public is contributing to the coyote problem. She spoke in support of
Council/ PFA Minutes
November 19, 2012
Page 28 of 28
increased education, awareness and placement of signs
Councilmember Harper stated that he is comfortable with not taking action as long as staff understands
the limited approach in dealing with this issue.
Chief Small reported that as far as he knows, no Police Officer has ever killed a coyote unless, perhaps
he or she ran over one. Trappers were retained two times in the past but that the program has currently
been on hold.
Discussion followed regarding not going into private property areas or County property and it was noted
that private communities can hire trappers on their own, without going through the City.
Chief Small stated that if Council does not take action at this time, the Police Department will proceed
with the current process. He noted that the trapper iscareful regarding locating traps were appropriate.
A motion was made by Dwyer, to direct staff to begin an awareness/education campaign with a water bill
insert that notifies residents of the presence of coyotes as well as making it illegal to feed coyotes and
feral cats and include signage in City parks.
Councilmember Carchio indicated that he will bring the item back to Council for further consideration.
Councilmember Harper stated that he will not support the issue of feeding coyotes and feral cats.
Mayor Pro Tern Dwyer agreed to amend the motion and Mayor Hansen seconded to direct staff to begin
an awareness/education campaign with a water bill insert that notifies residents of the presence of
coyotes. The motion carried by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, and Boardman
NOES: None
OUT OF ROOM: Bohr
COUNCILMEMBER COMMENTS (Not Agendized)
Comments were provided by Councilmembers Carchio, Harper, and Mayor Hansen.
ADJOURNMENT
At 1:25 AM, Mayor Hansen adjourned the meeting to the next regularly scheduled meeting on Monday,
December 03, 2012, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach,
California.
Cler nd ex-officio Clerk of th City
Council of the City of Huntington Beach,
and Secretary of the Huntington Beach
Public Finance Authority
ATTEST:
Ik Clerk, Clerk, Secretary
Mayor-Chair