HomeMy WebLinkAbout2012-12-17 (16)Minutes
City Council/Public Financing Authority and the Special Meetings of the Housing
Authority, Parking Authority, Civic Improvement Corp., and Successor Agency to the
former Redevelopment Agency of the City of Huntington Beach
Monday, December 17, 2012
4:00 PM — Closed Session
6:00 PM — Regular Session
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/governmentla-gengas/
4:00 PM - Council Chambers - Closed Session
6:00 PM - Council Chambers - Regular Business Meeting
CALL TO ORDER — 4:00 PM
ROLL CALL
PRESENT: Sullivan, Hardy (arrived at 4:07 PM), Harper, Boardman, Carchio, Shaw, and
Katapodis
ABSENT: None
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:
Communication for Closed Session Item No. 9 — Pacific Mobile Home Park
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) -
None
RECESS TO CLOSED SESSION — 4:02 PM
A motion was made by Carchio, second Harper, to recess to Closed Session. The motion
carried by the following vote:
AYES:
Sullivan, Harper, Boardman,'Carchio, Shaw, and Katapodis
NOES:
None
ABSENT:
Hardy
Council/ PFA/Parking Authority, CIC, HA and Successor Agency Minutes
December 17, 2012
Page 2 of 19
CLOSED SESSION
Pursuant to Government Code § 54956.9(c), based on existing facts and circumstances,
the City Council recessed into closed session to decide whether to initiate litigation. The
number of potential cases is one (1).
2. Pursuant to Government Code § 54956.9(b) (3) (A), the City Council recessed into
closed session to confer with the City Attorney regarding the following: Whether based
on the facts or circumstances of a recent transactional occurrence the City may initiate
litigation. The facts or circumstances are not specified because they are unknown to the
potential plaintiffs.
3. Pursuant to Government Code § 54956.9, the City Council recessed into closed session
to confer with the City Attorney regarding the following lawsuit: Citizen's Association of
Sunset Beach v. The City of Huntington Beach; Orange County Superior Court Case No.
30-2010-00431832.
4. Pursuant to Government Code § 54956.9, the City Council recessed into closed session
to confer with the City Attorney regarding John Doe v. City of Costa Mesa, et al., United
States District Court Case No. SACV12-1665, which challenges the constitutionality of
City Ordinance No. 3926 prohibiting entry of registered sex offenders into City parks.
5. 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 lawsuits: Glorianna Casados v.
City of Huntington Beach, Orange County Superior Court Case No. 30-2011-00509863.
In this case, Plaintiff claims she tripped on sidewalk on Hamilton Avenue east of
Brookhurst Street.
Pursuant to Government Code § 54956.9, the City Council recessed into closed session
to confer with the City Attorney regarding the following lawsuits: J.S. Stadium v. City of
Huntington Beach, Orange County Superior Court Case No. 30-2011-00463995. In this
case, the owners of Huntington Shorecliffs Mobile Home Park claim flooding damages
allegedly caused by City's storm water drainage system.
8. Pursuant to Government Code § 54956.9, the City Council recessed into closed session
to confer with the City Attorney regarding the following lawsuits [and potential lawsuits]:
Mohoff/Anderson v. City of Huntington Beach, et al. Orange County Superior Court Case
No. 30-2012 00541748. In this case, Police responded to Plaintiffs' residence on a
neighbor's complaint of reckless driving. Police attempted to issue a citation for violation
of noise ordinance. Plaintiffs resisted and were arrested.
9. 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
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December 17, 2012
Page 3 of 19
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.
6:00 PM — COUNCIL CHAMBERS
RECONVENE MEETING — 6:00 PM
CALL TO ORDER THE REGULAR MEETING OF THE CITY COUNCIL/PUBLIC FINANCING
AUTHORITY AND THE SPECIAL MEETINGS OF THE HUNTINGTON BEACH HOUSING
AUTHORITY, PARKING AUTHORITY, CIVIC IMPROVEMENT CORPORATION AND THE
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH
Mayor Boardman acknowledged the recent tragedy in Newtown, Connecticut and noted that as
the City's business is conducted, the families affected by the tragedy will be kept in hearts,
minds, thoughts and prayers. She asked for a moment of silence in sympathy for those who
lost loved ones.
CLOSED SESSION REPORT BY CITY ATTORNEY
City Attorney Jennifer McGrath reported that on Monday, November 19, 2012, the City Council
convened in closed session to discuss the matter of Pacific Mobile Home Park, LLC v. City of
Huntington Beach, Orange County Superior Court Case No. 20-2011-00497684, 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.
By a vote of 6-1 (Harper -no), the Council voted in closed session to file an appeal the
December 10, 2012 Order barring reconsideration of the subdivision, and seek an Order from
the Court of Appeal authorizing the City to proceed with the reconsideration.
ROLL CALL
PRESENT: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
ABSENT: None
PLEDGE OF ALLEGIANCE — Boy Scouts Troop 506, Dens 3, 5 and 2.
INVOCATION - Reverend Allison English with the Huntington Beach Interfaith Council
presented the invocation.
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's Award - Mayor Boardman called on Fire Chief Patrick McIntosh to present the Mayor's
Award to Fire Training Maintenance Technician Al Marland.
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December 17, 2012
Page 4 of 19
Fire Chief Patrick McIntosh commented on Mr. Marland's dedication and service and listed his
accomplishments.
Mr. Marland thanked his family, colleagues and the American Legion for the honor received.
Mayor Boardman called on Commander Bob Davis from the American Legion to present a
certificate to Mr. Marland in recognition of his service and efforts. He acknowledged Mr.
Marland's service to the City and the Country.
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
#22. Communication received from Lori Ann Farrell, Director of Finance, dated December 17,
2012, submitting a revised Exhibit A.
#25. Communication received from Michele Warren, Director of Human Resources, dated
December 17, 2012, submitting the fully executed Municipal Employees' Association (MEA)
Side Letter.
#34. Communication received from HK & C, dated December 17, 2012, regarding Pacific
Mobile Home Park.
Councilmember Items
#38. Communication received from Mary Urashima, dated December 17, 2012, supporting
the nomination of the Huntington Beach Public Library in Triangle Park to the National Register
of Historic Places.
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 httr)://www.surfcity-hb./ora/government/agendas/).
Mayor Boardman opened the Public Comments section of the meeting and invited those
interested in addressing Council to do so at this time.
Jim Hodson, Pacific Mobile Home Park Co-owner, commented on Council's actions causing
problems in the past and presently. He addressed families impacted and noted that residents
were in favor of the Tract Map and want to have the right to buy the land that they currently rent.
He addressed mounting legal expenses and costs and wondered why the City insists on defying
court orders. He reported their endeavor to sell the park, but because of current litigation, had
to get out of escrow, which has increased costs. He deferred to their attorney. (00:14:26)
Mark Alpert, Attorney representing owners Pacific Mobile Home Park, expressed concerns with
Council/ PFA/Parking Authority, CIC, HA and Successor Agency Minutes
December 17, 2012
Page 5 of 19
the circumstances and reported that filing an appeal does not make a court order go away. He
referenced a court order indicating that Council's previous vote on the item was legally invalid
and that Council cannot reconsider the application. He felt that the actions planned under the
Consent Calendar of the current agenda are in violation of a court order and exposing the City
to millions of dollars in damages. He expressed concerns that the staff report does not mention
the court order. (00.-16:30)
Fred Provencher, Chair of Huntington Beach Reads One Book, commented on the
organization's program and provided copies of this year's book, Thirteen Reasons Why. He
thanked the City for its support of the program as well as support of the library. (00:19:46)
David Rice, President of HB Neighbors commented on the organization's mission. He reported
submitting a nomination to the National Register of Historic Places for the Huntington Beach
Library in Triangle Park. He noted having provided copies of the nomination to Council and
urged that Council send a letter in support of the nomination. He acknowledged the work of
volunteers who helped with the nomination and residents who signed a petition and provided
background. (00:20:29)
Gina Gleason spoke in support of adopting a social hosting ordinance for the City, expressed
concerns with the use of alcohol by the City's teenagers and listed related statistics regarding
the problem. She encouraged Council to make penalties for social hosting more punitive.
(00:23:19)
Shareen Walter, Huntington Beach High School PTSA, spoke in favor of adopting a social
hosting ordinance for the City. She addressed the consequences of underage drinking and
encouraged Council to look into the issue. (00:25:21)
John Briscoe spoke on the issue of child safety and urged Council to consider giving direction to
staff to do the right thing by addressing the issue of safe school -route mapping for the residents
of the City as required by the State for all City schools. (00:27:40)
In response to an inquiry from Councilmember Carchio, Public Works Director Travis Hopkins
reported that the City has been in contact with the school districts and that they are willing to
work with the City on this matter. He added that the school districts have not asked the City to
address the matter. Councilmember Carchio requested that staff contact all of the Huntington
Beach School Districts in this regard.
There being no others wishing to address Council, Mayor Boardman closed the Public
Comments portion of the meeting.
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234
DISCLOSURE REPORTING
Mayor Pro Tem Harper reported attending the last meeting of the Southern California
Association of Governments (SCAG) and reported he will be providing additional comments
iater'on the agenda.
Councilmember Katapodis announced the appointment of Rob Sternberg to the Investment
Advisory Board and Ed Pinchiff to the Planning Commission.
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December 17, 2012
Page 6 of 19
Councilmember Carchio reported that he was selected to be the Vice Chair of LAFCO at its
recent meeting.
Councilmember Sullivan announced the appointment of Robert Dingwall to the Planning
Commission.
10. City Council Appointments to Outside Boards
Mayor Boardman reported the recent preparation of a Boards and Commissions appointment
list and noted the need to amend it by removing Councilmember Sullivan from the Orange
County Coastal Coalition due to scheduling conflicts. She noted that she will appoint another
Councilmember to that agency. In addition, she reported that Councilmember Hardy has
expressed interest in participating on the Intergovernmental Relations Committee (IRC) and will
be doing so in lieu of Mayor Boardman.
Discussion followed regarding clarification of an Ad Hoc Committee and the proper process for
appointment to that Committee.
A motion was made by Mayor Boardman, seconded by Mayor Pro Tem Harper to approve the
Boards and Commissions Appointments List as amended by Mayor Boardman. (The City Clerk
certifies that FPPC Form 806 "Agency Report of Public Official Appointments" which is used to
report additional compensation that officials receive when appointing themselves to positions on
committees, boards or commissions of a public agency, special district and joint powers agency
or authority was posted to the City's website according to law prior to this vote.)
The motion as amended carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
CITY MANAGER'S REPORT - None
CONSENT CALENDAR
Councilmember Sullivan requested removal of Item No. 22 from the Consent Calendar for
separate discussion and consideration.
Councilmember Hardy requested removal of Item No. 26 (B) from the Consent Calendar for
separate discussion and consideration.
Mayor Pro Tern Harper requested removal of Item No. 34 from the Consent Calendar for
separate discussion and consideration.
11. Approved and adopted minutes
A motion was made by Carchio, second Sullivan to approve and adopt the minutes of the City
Council/Public Financing Authority Regular Meeting of December 3, 2012, as written and on file
in the Office of the City Clerk.
The motion carried with the following vote:
Council/ PFA/Parking Authority, GIG, HA and Successor Agency Minutes
December 17, 2012
Page 7 of 19
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
12. Received and filed the Maddy Act Local Appointments List - 2013 (terms on City boards,
commissions, and committees which expire in 2013). This list informs the public of
openings and vacancies based on expiration of current members' terms.
A motion was made by Carchio, second Sullivan to receive and file the Maddy Act Local
Appointments List — 2013 showing vacancies which will occur on City boards, commissions and
committees in the year 2013, and direct the City Clerk to post the list at official posting locations
(Civic Center, Huntington Central Library, Main Street Library). Copies of the Maddy Act Local
Appointments List — 2013 will also be posted at all branch libraries, and on the City's website.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
13. Received and filed the City Treasurer's October 2012 Investment Summary Report
A motion was made by Carchio, second Sullivan to receive and file the Monthly investment
Report for October 2012, pursuant to Section 17.0 of the Investment Policy of the City of
Huntington Beach.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
14. Received and filed the Investment Advisory Board Annual Report for Fiscal Year 2011-
2012
A motion was made by Carchio, second Sullivan to receive and file the "City of Huntington
Beach Investment Advisory Board (IAB) Annual Report to the City Council for the Period
October 1, 2011 to September 30, 2012" for the Fiscal Year 2011-2012.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
15. Received and filed the City of Huntington Beach Strategic Plan Update
A motion was made by Carchio, second Sullivan to receive and file the updated status of the
Six -Month Strategic Objectives.
The motion carried with the following vote:
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December 17, 2012
Page 8 of 19
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
16. Approved the appointments of Elsa Davis and Don Maclean to the Environmental Board.
A motion was made by Carchio, second Sullivan to approve the appointments to the
Environmental Board. Elsa Davis for a first term to expire June 30, 2013, and Don Maclean for
a first term to expire June 30, 2015, as recommended by City Council liaisons.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
17. Approved appointments to the Historic Resources Board (HRB)
A motion was made by Carchio, second Sullivan to approve the appointments of Ann Minnie
and David Wentworth Sr. to a first term on the Historic Resources Board expiring June 30,
2015.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
18. Approved appointment to the Oversight Board of the Successor Agency of the former
City of Huntington Beach Redevelopment Agency
A motion was made by Carchio, second Sullivan to approve the appointment of the City of
Huntington Beach's Mayor, Connie Boardman, to the Oversight Board.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
19. Accepted donation from The Friends of the Huntington Beach Children's Library and
approved appropriation of $30,000 for books and materials
A motion was made by Carchio, second Sullivan to accept and approve budget appropriation for
donation received in the amount of $30,000 into account 10350103.64455 Children's donation
books -- from the Friends of the Children's Library for books and materials.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
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December 17, 2012
Page 9of19
20. Approved and accepted a California State Library Literacy Grant in the amount of
$37,577 and a donation from The Friends of the Huntington Beach Public Library in the
amount of $96,000.
A motion was made by Carchio, second Sullivan to approve and accept grant award in the
amount of $37,577 for the Huntington Beach Public Library Literacy program to support services
to learners and tutors, and to allocate the grant funds to account 98550602.52000 -- State
Literacy Grant 12/13 temporary salaries; and, approve budget appropriation for donation
received in the amount of $96,000 from the Friends of the Library for books and media
materials, and authorize the Finance Department to allocate the funds to the following Library
donation accounts, $80,000 to the Adult Donations Books business unit 10350102.64455 and
$16,000 to the Adult donations subscriptions unit 10350102.64470.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
21. Adopted Resolution No. 2012-97 to increase appropriations in the FY 2012/13 Budget
for the continuation of Capital Improvement Program Projects from FY 2011/12 to FY
2012/13
A motion was made by Carchio, second Sullivan to adopt Resolution No. 2012-97, "A
Resolution of the City Council of the City of Huntington Beach Amending the Fiscal Year
2012/13 Budget To Carry Over Unspent Appropriations From Fiscal Year 2011/12," which
incorporates and references the continuation of funding. Exhibit A lists individual capital
improvement projects and their respective Funds totaling $18,429,590.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
22. Approved Fiscal Year 2011-12 Year End Budget Adjustments as amended by
Supplemental Communication
Councilmember Sullivan pulled this item from the Consent Calendar for separate discussion and
consideration.
Councilmember Sullivan emphasized the need for serious pension reform noting that the current
system is unsustainable. He commented positively regarding the work performed by City staff
but expressed concerns regarding union actions, specifically related to the retiree supplemental
plan. He provided a brief background and highlighted increases in the City's unfunded liabilities.
He expressed concerns with 1 % of City employees receiving "outrageous" benefits and
stressed the need for real pension reform in the City.
Mayor Pro Tern Harper addressed a transfer of funds for the Vans Off -the -Wall Skate Park
project and commented positively on the inclusion of the High School District contribution for the
project as well as the public/private partnership.
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December 17, 2012
Page 10 of 19
In response to Mayor Boardman's inquiry regarding variances between projected and actual
expenditures and revenues, City Manager Fred Wilson reported that final calculations have not
yet been finished but indicated that without final audits the City is at approximately a 1 %
variance.
Finance Director Lori Ann Farrell addressed factors determining funding needs for the
supplemental retirement fund noting that the yearly actuarial evaluation is conducted by an
outside firm (Bartell and Associates) and that a number of different variables are considered
including the current number of participants, retirees actually receiving the benefit, employees
eligible to receive the benefit, the market value of the assets in the plan and the discount rate
assumption as to how much the asset will earn every year. She stated actions which will allow
the City a better footing going forward.
Mayor Boardman addressed the expenses related to the EIR for the Skate Park and wondered
regarding the appropriateness of using the $60,000 that the School District gave the City to use
toward a new skate park. City Manager Wilson explained that the item has been amended to
include appropriation of those funds.
Councilmember Carchio indicated that he thought the contribution was for $75,000. City
Manager Wilson stated that the City and School District agreed to reimburse $60,000 for the
EIR and that the remaining $15,000 was used for the soils report for the same project.
A motion was made by Sullivan, second Carchio to approve year-end adjustments to the Fiscal
Year 2011-12 Budget in the Funds and by the amounts contained in the amended Exhibit
provided in Supplemental Communications.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
23. Adopted Resolution No. 2012-94 authorizing certain City Officials to execute applications
and related documents to obtain Emergency Management and Homeland Security
Grants
A motion was made by Carchio, second Sullivan to adopt Resolution No. 2012-94, ,A
Resolution of the City Council of the City of Huntington Beach Authorizing Certain City Officials
to Execute Grant Applications and Documents."
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
24. Adopted Resolution No. 2012-85 amending the City Classification Plan by adding the
Job Classification of Fire Marshal
A motion was made by Carchio, second Sullivan to adopt Resolution 2012-85, "A Resolution of
the City Council of the City of Huntington Beach Amending the City's Classification Plan by
Adding the Job Classification of Assistant Fire Marshal and Establishing the Compensation."
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December 17, 2012
Page 11 of 19
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
25. Adopted Resolution No. 2012-86 amending the City Classification Plan and the
Memorandum of Understanding between the City and the Municipal Employees'
Association (MEA) by adopting a Side Letter of Agreement deleting 16 job classifications
A motion was made by Carchio, second Sullivan to adopt Resolution No. 2012-86, "A
Resolution of the City Council of the City of Huntington Beach Amending the City's
Classification Plan and the Memorandum of Understanding Between the City and the Municipal
Employees' Association (MEA) by Adopting the Side Letter of Agreement."
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
26. Approved title change from Deputy City Manager to Assistant City Manager and the
modified Non -Represented Employees Resolution No. 2012-95 setting the
compensation for the position of Assistant City Manager
A motion was made by Carchio, second Sullivan to approve the re -titled job description of
Deputy City Manager to Assistant City Manager.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
Councilmember Hardy pulled (B) under this item from the Consent Calendar for separate
discussion and consideration.
Councilmember Hardy felt that it is time to rethink the organization of the Community Services
Department prior to hiring a new director; however, she requested taking addition time to
research the matter and suggested postponing it to the Council Strategic Planning meeting of
January 25, 2013. She felt this would be a good opportunity to study the best options for
organization of the department.
An amended motion was made by Hardy, second Shaw to adopt Resolution No. 2012-95, "A
Resolution of the City Council of the.City of. Huntington Beach Modifying Salary and Benefits for
Non -Represented Employees" amended to set the compensation range for the Assistant City
Manager and postpone action on the Director of Community Services position and it's
compensation until after the Strategic Planning Meeting is held in January and further
discussion is held that could affect recruitment and compensation.
The motion as amended carried with the following vote:
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December 17, 2012
Page 12 of 19
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
27. Adopted Resolution Nos. 2012-87 through 2012-93 requesting authorization by the City
and approval from Caltrans for temporary closure of streets for certain special events in
2013
A motion was made by Carchio, second Sullivan to adopt Resolution No. 2012-87, "A
Resolution of the City Council of the City of Huntington Beach Authorizing the Closing of Main
Street to Vehicular Traffic for Certain Special Events;" and, adopt Resolution No. 2012-88, "A
Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the
Closing of Pacific Coast Highway and Certain Ingress and Egress for the Surf City USA
Marathon Run;" and, adopt Resolution No. 2012-89, "A Resolution of the City Council of the City
of Huntington Beach Approving the Temporary Closure of Portions of Goldenwest Street,
Garfield Avenue, Huntington Street, Twin Dolphin Drive, Edwards Street, Ellis Avenue, Talbert
Avenue, Seapoint Street, Inlet Drive, Overlook Drive, Summit Drive, Varsity Drive, Main Street,
Walnut Avenue and Central Park Drive for the Surf City USA Marathon Run;" and, adopt
Resolution No. 2012-90, "A Resolution of the City Council of the City of Huntington Beach
Requesting Caltrans Approve The Closing of Pacific Coast Highway and Certain Ingress and
Egress Within The City Of Huntington Beach for the Annual Surf City Beach Derby Run;" and,
adopt Resolution No. 2012-91, "A Resolution Of The City Council Of The City Of Huntington
Beach Approving The Temporary Closure Of Portions Of Goldenwest Street, Garfield Avenue,
Seapoint Avenue, Overlook Drive, Main Street, First Street and Huntington Street For The
Annual Surf City Beach Derby Run;" and, adopt Resolution No. 2012-92, "A Resolution of the
City Council of the City of Huntington Beach Requesting Caltrans approve the Closing of Pacific
Coast Highway for the Huntington Beach Fourth of July Parade and Fireworks;", and, adopt
Resolution No. 2012-93, "A Resolution of the City Council of the City of Huntington Beach
Authorizing Street Closures for the Fourth of July."
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
28. Approved and authorized execution of an agreement with. Premier Girls' Fastpitch to
conduct a championship tournament in Huntington Beach
A motion was made by Carchio, second Sullivan to approve and authorize the Mayor to execute
the "Agreement Between the City of Huntington Beach and Premier Girls' Fastpitch to Conduct
a Championship Tournament at the Huntington Beach Sports Complex."
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
29. Approved and authorized execution of a License Agreement between the City and
Subhash and Sushila Patel, dba One Fine Blend for the operation of a snack bar
concession in the Central Library
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December 17, 2012
Page 13 of 19
A motion was made by Carchio, second Sullivan to approve and authorize the Mayor and City
Clerk to execute the "Non -Exclusive License Agreement Between the City of Huntington Beach
and Subhash and Sushila Patel, Individuals Doing Business As One Fine Blend."
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
30. Approved and authorized execution of Amendment No. 2 to Legal Services Agreement
with Gibbs, Giden, Locher, Turner & Senet; and, authorized the City Attorney to approve
the October 17, 2011 Fee Agreement
A motion was made by Carchio, second Sullivan to approve and authorize the Mayor and City
Clerk to execute "Amendment No. 2 to Professional Services Contract Between the City of
Huntington Beach and Gibbs, Giden, Locher, Turner & Senet to Provide As -Needed Legal
Services;" and, approve and authorize the City Attorney to approve the October 17, 2011, Fee
Agreement with Gibbs, Giden, Locher, Turner & Senet.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
31. Approved and authorized execution of a Cooperative Agreement with the Orange
County Transportation Authority (OCTA) and the cities of Santa Ana, Fountain Valley
and Westminster for a Traffic Signal Synchronization Project along Edinger Avenue
A motion was made by Carchio, second Sullivan to approve and authorize the Mayor and City
Clerk to execute "Cooperative Agreement No. C-2-2030 By and Between Orange County
Transportation Authority and the Cities of Santa Ana, Fountain Valley, Huntington Beach and
Westminster for Implementation of the Edinger Avenue Traffic Signal Synchronization Project
Funded as Part of the Measure M2 Regional Traffic Signal Synchronization Program (Project
P.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
32. Approved and authorized execution of a contract amendment with Pacific Shoreline
Marathon, LLC to conduct the annual Surf City USA Marathon
A motion was made by Carchio, second Sullivan to approve and authorize the Mayor and City
Clerk to execute "Amendment No. 2 to Agreement Between the City of Huntington Beach and
Pacific Shoreline Marathon, LLC to Provide the Surf City USA Marathon in Huntington Beach."
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
Council/ PFA/Parking Authority, CIC, HA and Successor Agency Minutes
December 17, 2012
Page 14 of 19
NOES: None
33. Received and filed 2013 Commercial Refuse Rates
A motion was made by Carchio, second Sullivan to receive and file the rate sheet for
Commercial Solid Waste collection and disposal service effective January 1, 2013.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
34. Affirmed vote taken on December 3, 2012 regarding Tentative Tract Map No. 17397 and
Coastal Development Permit No. 10-017 (Pacific Mobile Home Park)
Mayor Pro Tern Harper pulled this item from the Consent Calendar for separate discussion and
consideration.
Mayor Pro Tem Harper expressed concerns that the property owner is seeking to sub -divide
their property and reported that he will be voting against the recommended actions as proposed.
Councilmember Carchio inquired regarding the court order referenced by a previous speaker.
City Attorney Jennifer McGrath noted that the item is not a motion for reconsideration but rather
affirmation of Council's previous vote as a potential cure, if in fact the court finds that there was
a Brown Act violation. She stated that no court order is being violated but rather Council is
affirming its previous decision.
A motion was made by Hardy, second Boardman to affirm vote taken on December 3, 2012
regarding Tentative Tract Map No. 17397 and Coastal Development Permit No. 10-017 (Pacific
Mobile Home Park Subdivision - Conversion from Resident Rental to Ownership).
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: Harper
35. Adopted Resolution No. 2012-96 setting forth Terms and Conditions of California Public
Employees Retirement System (CaIPERS) Benefits in Compliance with Requirement of
the Public Employees' Pension Reform Act (PEPRA) for new Non -Associated
Employees
A motion was made by Carchio, second Sullivan to adopt Resolution No. 2012-96, "A
Resolution of the City Council of the City of Huntington Beach Setting Forth Terms and
Conditions of California Public Employees' Retirement System (CaIPERS) Benefits in
Compliance with Requirement of the Public Employees' Pension Reform Act (PEPRA) for New
Non -Associated Employees."
The motion carried with the following vote:
Council/ PFA/Parking Authority, CIC, HA and Successor Agency Minutes
December 17, 2012
Page 15 of 19
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
ADMINISTRATIVE PUBLIC HEARING
36. Adopted Resolution No. 2012-84 authorizing the enforcement of California Vehicle Code
Provisions on a private street, Terranova Circle, in the Seaside Terrace residential
community
Transportation Manager Bob Stachelski presented details of the report noting the matter was
requested by the homeowners' association. He addressed location, requirements of the Vehicle
Code, review and support by the Police Department.
Mayor Pro Tern Harper wondered regarding other locations within the City with similar
situations. Mr. Stachelski reported that there are other similar situations in the City and clarified
that the Police Department will not provide regular patrol but the Resolution will allow the Police
to respond to requests regarding specific issues.
Police Chief Kenneth Small added that the subject community is small compared with others
and that their issue of concern regards parking enforcement and that any fines will become City
revenue.
Discussion followed regarding the HOA's responsibilities regarding community security and
Chief Small indicated that many HOA's have adopted similar resolutions and that oftentimes
matters create hard feelings among neighbors if left up to them to resolve issues.
Mayor Boardman opened the Administrative Hearing. Interested parties were invited to address
Council on this item. City Clerk Flynn noted there were no public speakers, nor supplemental
communications regarding this item.
Mayor Boardman closed the Administrative Hearing.
Mayor Pro Tern Harper expressed concerns that this action will set precedence. He indicated
he believes that it is not the function of the City to become involved in a gated neighborhood
because there is no access to the public. He felt the HOA would have the ability to handle
enforcement and security issues.
Councilmember Katapodis felt that the request is appropriate and that if it weren't a problem, the
HOA would not be asking for help.
Councilmember Carchio acknowledged challenges with parking in gated communities and
wondered regarding access to the community by the Police.
Police Chief Small reported that Department employees have keys for access into the gated
communities. He noted they do not have a speeding problem but rather parking enforcement
problems.
Discussion followed regarding having the HOA's hire their own patrol services without causing
addition responsibilities or costs to the City.
Council/ PFA/Parking Authority, CIC, HA and Successor Agency Minutes
December 17, 2012
Page 16of19
Councilmember Sullivan commented on the matter noting that there is currently an under-
staffed Police Department and expressed concerns with them taking on additional
responsibilities.
In response to an inquiry from Councilmember Hardy, Chief Small addressed the estimated
costs versus revenues. He stated that the Department has made it clear that they will not patrol
the streets, but rather respond to specific situations.
Discussion followed regarding fines versus fees.
Mayor Pro Tern Hardy wondered if it is good policy for the City to be establishing this kind of an
additional benefit for a private neighborhood that is not open to the general public. She noted
that no one showed up in response to notice of the public hearing.
A motion was made by Hardy, second Shaw to adopt Resolution No. 2012-84, "A Resolution of
the City Council of the City of Huntington Beach Authorizing the Huntington Beach Police
Department to Enforce California Vehicle Code Provisions on the Private Street in the Seaside
Terrace Residential Community."
The motion carried with the following vote:
AYES: Hardy, Boardman, Shaw, and Katapodis
NOES: Sullivan, Harper, and Carchio
COUNCILMEMBER ITEMS
37. Submitted by Mayor Boardman - Request for Council consideration to fix the start time
for City Council Study Sessions to 4:30 PM
Mayor Boardman reported submitting the item and noted she would have a schedule conflict
that would impact approximately ten meetings in the spring.
Councilmember Sullivan indicated that he would support the item if it doesn't create a problem.
Councilmember Hardy commented on possible options including the possibility of. Council
having to go back into Closed Session after Regular meetings.
Mayor Pro Tern Harper agreed with Councilmember Hardy's comments.
Discussion followed regarding coordinating schedules with the City Attorney's office.
Councilmember Carchio indicated support of the item.
A motion was made by Boardman, second Harper to direct staff to prepare a resolution that
fixes the start time of City Council meetings to 4:30 PM for the Study Session portion of the
meeting.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
Council/ PFA/Parking Authority, CIC, HA and Successor Agency Minutes
December 17, 2012
Page 17 of 19
NOES: None
38. Submitted by Mayor Boardman and Councilmember Carchio-- Letter of Support
regarding the nomination of the Huntington Beach Public Library on Triangle Park to the
National Register of Historic Places
Councilmember Carchio commented on the importance of this item and indicated his support.
In response to Mayor Pro Tern Harper's inquiry, staff reported that changes to the structure
would be allowed but that the City would need to abide by the Office of Historic Preservation
Guidelines.
A motion was made by Boardman, second Hardy to approve the drafting of a letter from the
Mayor on behalf of the City Council in support for the nomination of the Huntington Beach Public
Library on Triangle Park to the National Register of Historic Places.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: None
39. Submitted by Councilmember Carchio - Direct City Attorney to draft a Social Host
Ordinance similar to the cities of Irvine and Laguna Beach
Councilmember Carchio noted that there are twenty-eight states that have adopted Social
Hosting ordinances. He addressed current State laws and noted the problems related to
alcohol consumption by young people and the secondary effects of underage drinking. He
urged Council to support the drafting of a Social Host Ordinance.
Mayor Pro Tern Harper stated it is unclear to him how the Ordinance would work in practice and
wondered why the City should take the role rather than the State. He expressed concerns that
this would be intrusive in terms of protecting peoples' privacy and felt that residents may not
want to City to become involved.
Councilmember Hardy commented on distinctions between cultural traditions and underage
drinking in other scenarios. She reported that she will have questions and additional concerns
upon reviewing the Ordinance.
Councilmember Carchio reported that the Ordinance covers the various scenarios addressed by
Councilmember Hardy and that he has read similar ordinances from surrounding cities. He
stressed the importance of addressing the issue to protect the City's youth. He added that the
Ordinance will serve to help the Police Department with enforcement.
Chief Small agreed that the Ordinance will facilitate enforcement and felt that some may change
their behavior if the Ordinance is passed.
Mayor Pro Tern Harper noted this is a detailed issue with many things to consider and
expressed concerns that the item will use City resources inefficiently. He suggested lobbying
State legislators to address the issue and noted there are other matters where staffs time could
be used more effectively.
Council/ PFA/Parking Authority, CIC, HA and Successor Agency Minutes
December 17, 2012
Page 18 of 19
Councilmember Katapodis commented on existing laws and wondered regarding enforcement
Councilmember Sullivan wondered if there are other options to address the matter.
City Attorney McGrath suggested the possibility of setting a study session to discuss the item at
an upcoming meeting. She reported that she will send links to Council Members of similar
ordinances for their review.
Councilmember Shaw noted that there are many cities in California that have passed similar
ordinances and indicated that he will support the item.
Mayor Boardman reported that she will support the motion.
Councilmember Carchio reported that the Ordinance is already written and that staff time will
not be wasted and noted there are provisions in State law that are very broad and that more
specific regulation will provide additional tools for the Police Department to further insure that
responsible persons will not permit underage drinking in their home. He added that the parents
of Huntington Beach are counting on Council to do the right thing.
A motion was made by Carchio, second Shaw to direct the City Attorney to draft a Social Host
Ordinance similar to the cities of Irvine and Laguna Beach.
The motion carried with the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, and Katapodis
NOES: Harper
COUNCILMEMBER COMMENTS (Not Agendized)
Council Members Sullivan and Hardy expressed their wishes for a Merry Christmas.
Mayor Pro Tem Harper acknowledged comments made regarding OCTA actions regarding the
19th Street Bridge. He reported that the OCTA Board has removed the proposed Banning/19th
Street Bridge from the Master Plan of Arterial Highways and reported that he will support that
decision by the OCTA Board.
Councilmember Carchio reported receiving a final statement from the City Treasurer regarding
the recent fundraiser for the victims of Sandy and announced that $2,200 was raised and
thanked those who donated. He stated the money will go to the Red Cross. He reported
positively on a recent Gift -of -History event at Angel Stadium. He congratulated Bob Dettloff on
being named Outstanding Citizen of the Year 2012 by the Huntington Beach Chamber of
Commerce, and reported attending DGM Capital Christmas Luncheon and commented
positively on Bella Terra. He attended the ground -breaking event of the Vans Off -the -Wall
Skate Park and congratulated those involved. In addition, he attended the ACCOC Holiday
Reception.
Councilmember Carchio read the names of those lost in the recent tragedy at Hook Elementary
School in Newtown, Connecticut.
Council/ PFA/Parking Authority, CIC, HA and Successor Agency Minutes
December 17, 2012
Page 19 of 19
Councilmember Shaw congratulated Mayor Pro Tern Harper on his change of heart regarding
the 19th Street Bridge. He reported attending the Friends of Shipley Nature Center ten-year
celebration and commented positively on the event.
Councilmember Katapodis reported communicating with some of the residents at Sunset Beach
and commended the City's Public Works Department for their work. He encouraged residents
to shop Huntington Beach.
Mayor Boardman announced special Holiday closure hours for City Hall. She acknowledged
the celebration of the Hanukah Festival of Lights and Christmas and wished everyone Happy
Holidays and a Happy New Year. She thanked Planning Commissioners that have recently
retired and assured residents that the Police Department continues to train members of the
School District in regards to the recent tragedy at Hook Elementary School.
Mayor Boardman announced that a Special Meeting will be held on Wednesday, December 19,
2012 at 5:30 PM in the City Council Chambers.
ADJOURNMENT OF THE REGULAR MEETING OF THE CITY COUNCIL/PUBLIC
FINANCING AUTHORITY AND THE SPECIAL MEETINGS OF THE HUNTINGTON BEACH
HOUSING AUTHORITY, PARKING AUTHORITY, CIVIC IMPROVEMENT CORPORATION
AND THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
There being no further business to come before Council, Mayor Boardman adjourned the
meeting at 7:50 PM.
The City Council/Public Financing Authority regular meeting of January 7, 2013 has been
cancelled (approved by Council October 1, 2012) due to the holiday closure.
The next regularly scheduled meeting is Tuesday, January 22, 2013, at 4:00 PM in Room B-8,
Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
e2�1 (11.tll
rGity Clerk, Clerk, Secretary
Clerk and ex-officio Clerkbf the City
Council, Housing Authority, and
Successor Agency to the former
Redevelopment Agency of the City
of Huntington Beach, and Secretary
of the Huntington Beach Public
Finance Authority, Parking Authority,
and Civic Improvement Corporation.
iayor, Chair