HomeMy WebLinkAbout2013-08-05Minutes
City Council/Public Financing Authority Regular Meeting
Successor Agency Special Meeting
City of Huntington Beach -
Monday, August 5, 2013
4:00 PM — Study Session
6:00 PM — Regular Meeting
Civic Center Council Chambers
2000 Main Street
Huntington Beach, California 92648
An audio recording of the 4:00 PM portion,
and 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/agendas/
CALLED TO ORDER AT 4:00 PM IN ROOM B-8
ROLL CALL
Present: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, 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 received by her office following distribution of the
Council agenda packet:
SS#l. PowerPoint communication received from Travis Hopkins, Director of Public
Works, entitled FY 201312014 Capital Improvement Program (CIP).
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3
Minute Time Limit) — None.
STUDY SESSION
The City Manager and Public Works Director provided an overview of the
recommended 1=Y 2013/2014 Capital Improvement Program (CIP)
Public Works Director Travis Hopkins provided a PowerPoint presentation entitled City of
Huntington Beach Public Works Departments — FY 2013/2014 Capital Improvement
Program (C/P) that included the following titled slides: Capital Improvement Program, CIP
Projects by Category, Funding Sources, Drainage & Storm Water $650K, Facilities $1 M,
Neighborhood $31VI, Parks and Beaches $2.7M, Sewer Improvements $4.5M, Streets &
Transportation $14.5M, Water Improvements $9.55M, Timeline of Proposed Budget/CIP for
FY 2013/2014, and Questions?
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2. The Planning and Building Department reviewed considerations for updating the
City's General Plan. The General Plan provides goals and policies for City
services and a framework for land use and development. The General Plan was
last comprehensively updated in 1996.
Planning Manager Mary Beth Broeren provided a PowerPoint presentation entitled General
Plan Update Status that included the following titled slides: General Plan Update Status, RFP
Process and Status, Budget Line Items, Estimated Total Costs, Funding Sources, and
Conclusions.
Mayor Boardman announced that Pursuant to Government Code Section 54957.6. a, the
Council takes this opportunity to publicly introduce and identify designated labor negotiator
Fred Wilson, City Manager who will be participating today in Closed Session discussions
regarding labor negotiations with POA and HBFA.
RECESS TO CLOSED SESSION — 4:35 PM
A motion was made by Carchio, seconded by Sullivan, to recess to Closed Session for items
3-6. The motion carried by the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
CLOSED SESSION
3. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding The Lamb School
Neighborhood Save Our Field Committee, et al. v. Huntington Beach City
Council, et al., Orange County Superior Court Case No. 30-2012-00619735,
challenging the City's adoption of a mitigated negative declaration under CEQA
for the residential development of the former Lamb School site.
4. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Patrick Schlentz v. City of Huntington Beach, WCAB Case No. ADJ7435056;
Claim No. COHB-10-0067.
5. Pursuant to Government Code § 54957.6, the City Council recessed to Closed
Session to meet with its designated labor negotiators: Fred Wilson, City
Manager; Michele Warren, Director of Human Resources, Lori Ann Farrell,
Director of Finance, and Peter Brown, LCW regarding labor negotiations with
POA and HBFA.
6. Pursuant to Government Code § 54956.9(d)(2), the City Council recessed into
Closed Session to confer with the City Attorney as a point has been reached
where, in the opinion of the City Council on the advice of its legal counsel, based
on existing facts and circumstances, there is a significant exposure to litigation
against the City. Based on statements made in a letter dated July 16, 2013 from
Rancho Huntington Mobile Home Estates which is available for review.
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6:00 PM — COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
CALLED TO ORDER THE REGULAR MEETING OF THE CITY COUNCIL/PUBLIC
FINANCING AUTHORITY AND THE SPECIAL MEETING OF THE SUCCESSOR AGENCY
TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH —
6:00 PM
CLOSED SESSION REPORT BY CITY ATTORNEY
City Attorney Jennifer McGrath reported that on Monday, August 5, 2013, the City Council
convened in closed session to discuss the matter of The Lamb School Neighborhood Save Our
Field Committee, et al. v Huntington Beach City Council, et al., Orange County Superior Court
Case No. 30-2012-00619735.
By a vote of 7-0, the Council voted in closed session to approve and accept a Settlement
Agreement with Plaintiff and co-defendant TRI Pointe. The Settlement Agreement is as follows:
The Project entitlements will be amended to convert one buildable lot to private, HOA-
maintained open space. The lot will connect to the surrounding subdivision via an existing
alley to Mauna Lane, just south of Halawa Drive. If the City chooses to vacate the existing
alley, the HOA will accept and maintain it for public access to the Park that is part of the
project. Attachment 2 to the Settlement Agreement depicts the change from 81 to 80
buildable lots with the open space area connecting walkway.
2. The settlement retains the full discretion of the Planning Director whether to approve, deny
or otherwise condition the Project amendment. However, if the amendment is conditioned,
denied or appealed to the Planning Commission or City Council; then TRI Point may
terminate the Settlement. If the amendment is approved and the time to appeal has expired,
the Committee will dismiss its lawsuit with prejudice.
3. TRI Pointe will pay $30,000 to the Save our Field Committee.
4. As part of the Settlement, the City will release all of its potential claims for damages,
attorney fees, or any other claims arising from the suit. Instead, the City will recover its
attorney fees and staff time from TRI Pointe pursuant to the conditions of approval of the
Project.
ROLL CALL
Present: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
Absent: None
PLEDGE OF ALLEGIANCE — Counciimember Hardy
INVOCATION — Led by Reverend Susannah Bair from the Huntington Beach Interfaith Council
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any
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faith or belief. Neither the City nor the City Council endorses any particular religious belief or
form of invocation.
AWARDS AND PRESENTATIONS
Presentation: Mayor Boardman presented a commendation and Key to the City to Natalie
Kotsch, founder of the Huntington Beach International Surfing Museum.
Mayor Boardman recognized Natalie Kotsch for founding the Huntington Beach International
Surfing Museum and her continued support of the museum. She urged the public to visit the
museum and presented Ms. Kotsch with a commendation in acknowledgement of her efforts.
Ms. Kotsch expressed her appreciation for the commendation and provided a brief history of the
museum noting that the initial work was entirely done by volunteers.
Mayor Boardman awarded Ms. Kotsch with a key to the City.
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 by her office following distribution of the City Council
agenda packet:
Ordinances for Introduction
#25. Communication received from Peggy Dern, dated August 5, 2013 supporting proposed
Ordinance No. 3985.
Ordinances for Adoption
#27. Communication received from Len Herman, President, Orange County Association of
Realtors, dated August 2, 2013 entitled, "Proposed Mobile Home Park Senior Age
Restriction Overlay Zone".
#27. Communication received from Vickie Talley, Executive Director, Manufactured Housing
Education Trust dated August 4, 2013, entitled, "City Council Item 27,Oppose Adopt
Ordinance No. 3986, an Interim Ordinance Establishing a Moratorium Conversion of
Senior Mobile Home Parks".
COUNCILMEMBER ITEMS
#28. PowerPoint communication received from Councilmember Joe Shaw entitled,
"Boondoggle".
#28. Communication received from Michael R. Markus, General Manager of the Orange
County Water District, dated August 2, 2013 regarding the confidentiality agreement
between the Orange County Water District and Poseidon Resources.
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#28. Communication received from Orange County Water District seeking applicants to serve
on the Ocean Desalination Citizens' Advisory Committee.
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 hftp://www.surfcity-hb./org/government/agendas/).
Carole Ann Wall and Pam Alagata spoke regarding the upcoming Miss Huntington Beach
contest, noting that it will be held at Bella Terra on October 5, 2013. Ms. Alagata presented
information about the event, thanked sponsors and invited the public to attend the free event
and identified their webpage address as www.Misshb.org. (00:15:15)
Jim Yogurtian, spoke on behalf of his 91-year old mother Anna Yogurtian, Rancho Huntington
Mobile Home Estates resident. He spoke of the importance of honoring our parents, daily, and
urged Council to maintain senior park status for senior citizens. (00:18:06)
Richard Chen, President, Huntington Beach Police Officers' Association (HBPOA), spoke in
opposition to Consent Item No. 10 (City Classification Plan) and discussed the July 28th civic
disturbance downtown. He stated that the HBPOA will continue to promote safety in the
community and stressed the need for more police officers in the City. (00:20` 16)
Robert Dettloff, Huntington Beach Council on Aging (COA), voiced concerns about scams
directed at senior citizens related to the Affordable Care Act. He asked for any information the
City may receive regarding the scams to help the COA to inform and protect the senior
population in Huntington Beach. (00:23:10)
Philip Johnson spoke regarding next year's U.S. Open of Surfing event. He suggested that it be
scaled back to three days and thanked the City for its cleanup efforts. (00:25:11)
Gary Thiessen, Rancho Huntington Mobile Home Park resident, presented statistics regarding
mobile home residents and urged Council to maintain senior parks for seniors. (00:26:01)
Raymond Hiemstra, Associate Director of Orange County Coast Keepers, spoke in support of
Councilmember Item No. 28 (OCWD Confidentiality Agreement with Poseidon Resources). He
stated that bad ideas flourish in the dark and urged a full and complete review of the matter by
the public. (00:28:53)
Ann Colville, Rancho Huntington Mobile Estates resident, spoke in support of Item No. 27
(Moratorium on Conversion of Senior Mobile Home Parks). (00:30:41)
Clint Orr spoke regarding bringing back a venue such as the Golden Bear, and in support of a
downtown theater and a surf museum. He suggested ways to improve the area for children and
visitors and stated that he will send information to Council and staff. (00:32:56)
Adrina (last name unknown) spoke regarding increased rents and smoking near bus stops, and
asked Council to consider the issue of rent control and a ban against smoking near public bus
stops. (00:36:00)
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Suzy Smith reported purchasing a mobile home at in a senior park and expressed concerns that
it may be converted to a family park. She addressed the matter of complete disclosure and
referenced notices from the new mobile home park owner regarding the change. She spoke in
support of Item No. 27 (Moratorium on Conversion of Senior Mobile Home Parks). (00:39:14)
Gloria Alvarez and Barbara Haynes, Historic Resources Board members, spoke in support of
Item No. 24 (Main Street Branch Library Sign). They proposed a concept, the same as was
proposed at Triangle Park, and addressed funding, location and visibility. They looked forward
to the library's role that it will play to residents and the community. They thanked Council and
the City for its support. (00:42:56)
Don Neely spoke in support of Item No. 27 (Moratorium on Conversion of Senior Mobile Home
Parks). He urged Council to approve the moratorium. (00:45:14)
Betsy Crimi, President of Rancho Huntington Homeowners' Association, spoke in support of
Item No. 27 (Moratorium on Conversion of Senior Mobile Home Parks). She addressed
increases in the aging population and urged Council to support the property rights of mobile
home owners. (00:47:02)
Richard Kushnir, Vice President, Rancho Huntington Homeowners' Association, spoke in
support of Item No. 27 (Moratorium on Conversion of Senior Mobile Home Parks). He urged
Council to stand up for what it believes. (00:50:25)
Carol Neely read a statement written by Denise Nagila in support of Item No. 27 (Moratorium on
Conversion of Senior Mobile Home Parks). (00:51:29)
Bill McCann, Rancho Huntington resident, .spoke in support of Item No. 27 (Moratorium on
Conversion of Senior Mobile Home Parks). He urged Council to approve the moratorium and
continue the overlay process until it comes to a conclusion. (00:53:08)
Sally N. Chiappone, Rancho Huntington resident, spoke in support of Item No. 27 (Moratorium
on Conversion of Senior Mobile Home Parks). She noted that residents take care of each other
and have a sense of community. She urged Council to approve the overlay ordinance and take
care of the City's senior residents. (00:56:21)
Robert Evans, representing Manufactured Housing Educational Trust (MHET) and Vicky Talley,
referenced a letter submitted by MHET and listed key objections to Item No. 27 (Moratorium on
Conversion of Senior Mobile Home Parks). He urged Council not to adopt the subject
ordinance. (00:59:38)
At Councilmember Shaw's request, City Attorney McGrath listed discrepancies within the
communication received from MHET.
Merle Moshiri, President of Residents for Responsible Desalination in Huntington Beach, spoke
in support of Item No. 28 (OCWD Confidentiality Agreement). She listed concerns with the
proposal from Poseidon and urged Council to send the subject letter. (01:02:30)
Amy Cripps, President of the Orange County Beekeepers Association, spoke about Item No. 25
(Keeping of Bees), offered to help the City develop a more comprehensive ordinance that will
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allow beekeepers to have backyard hives but also protect residents from related issues. She
reported that the Association supports bee -keeping, is an educational resource for its members
and supports being a good neighbor. (01,04:43)
Charles Crabtree spoke regarding Central Library hours of operation and encouraged that the
City consider resuming Sunday operations at the Central Library. (01:07:56)
Cathy Green, OCWD Board Member, read a letter from the board regarding Item No. 28
(Confidentiality Agreement with Poseidon Resources) explaining the need for a confidentiality
agreement. She noted that all of the information Poseidon provides will be available to the
public and addressed the formation of a Citizens' Advisory Panel for input throughout the
evaluation. She asked that Council deny the matter. (01:09:45)
Mike Markus, General Manager of the OCWD, spoke regarding Item No. 28 (Confidentiality
Agreement with Poseidon Resources). He stressed that the item is not a negotiation with
Poseidon but rather a direction by the Board to study the project's feasibility and addressed the
District's policy to look at all sources of water supply. Mr. Markus reported that the
confidentiality agreement is necessary to consider all of the assumptions included within the
costs and staff will use the information for the internal evaluation of the project. He assured that
the study will be performed in a professional manner and addressed the formation of a Citizens'
Advisory Panel and resources available to the public for additional information. He urged
Council to vote "no" on the matter. (01:13:19)
In response to Councilmember Shaw's inquiry regarding confidential discussions, City Attorney
McGrath addressed confidentiality issues usually discussed in Closed Sessions. Regarding
documents, she referenced Government Code sections related to the definition of public records
and what the City is required to release as well as exemptions such as proprietary information,
information related to corporations that may harm their ability to compete and those related to
criminal investigations. She added that decisions regarding what is and is not confidential are
determined by the agencies attorneys.
Jerold Johnstone asked for Council's support of his Surf City Pipeline Request No. 15024 to
include off -road recreational vehicle trailers into the existing RV and Boat Parking Code. He
submitted copies of his statement to Council. (01:16:25)
Julie Paule, Regional Representative with Western Manufactured Community Housing
Association, spoke in opposition to Item No. 27 (Moratorium on Conversion of Senior Mobile
Home Parks). She requested that Council table the matter and allow park owners,
management and residents to continue to work on their differences. (01:20:05)
Robin Hildenbrandt lodged a complaint about a nuisance neighbor. She was advised to fill out a
card for follow-up by Code Enforcement. (01:22.28)
Maura Van Strien spoke regarding Item No. 27 (Moratorium on Conversion of Senior Mobile
Home Parks). She reported receiving a notice from the Rancho Huntington Mobile Home Park
owners that the park was being converted to a family park. She noted that seniors support local
businesses, City government and are the backbone for the volunteers who serve the City in
many of its programs. She stressed the importance of keeping. seniors happy to enhance the
future of the City. (01:24:58)
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Mary Jo Baretich, President of the Manufactured Homeowners' Association, commended
Council for its support of SB 510, spoke in support of Item No. 27 (Moratorium on Conversion of
Senior Mobile Home Parks) and urged Council to support the ordinance. (01:27:48)
Maureen Lawson commented on Police Officers congregating at Sharkey's and expressed
concerns with the inaction of Police Officers during the U.S. Open of Surfing. She requested
increased supervision of Police Officers as well as increasing the number of Police Officers on
bicycles and on weekends. (01:31:23)
Mark Hildenbrandt voiced concerns about a nuisance neighbor and reported that the neighbor
continually builds fires in open receptacles on his property. (01:34:00)
Glenn Plunkett complained about cars blocking his driveway and smoke damage caused by a
neighbor who continually builds fires on his property. He reported speaking at a previous
Council meeting and stated receiving no response regarding the matter since then. (01:35:21)
Steve Kendis, Rancho Huntington resident, spoke in support of Item No. 27 (Moratorium on
Conversion of Senior Mobile Home Parks). He read an email received from Sierra
Management indicating that no major changes will be made to the park in the foreseeable
future. He thanked Council for supporting the City's senior population. (01:37:09)
Dave Stefanides, Orange County Association of Realtors, urged Council to table Item No. 27
(Moratorium on Conversion of Senior Mobile Home Parks) to allow for additional discussion and
consideration of housing for all groups in the area. He spoke against government interference
regarding private property rights. (01:40:32)
Jeffrey Carrel spoke in opposition to Item No. 25 (Keeping of Bees) and felt that the issue is one
of public safety. (01:42:41)
Tom Dern spoke in opposition to Item No. 25 (Keeping of Bees) and addressed possible
liabilities and health issues related to bee hives in senior communities. He suggested the
possibility of banning them within senior communities or within a certain housing densities.
(01:44:23)
Christine Riley, Huntington Landmark resident, complained about beekeepers in her
neighborhood and spoke in support of Item No. 25 (Keeping of Bees). (01:46:25)
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
1. Council Report/Appointment of a Voting Delegate and Alternates for the League of
California Cities Annual Conference and Business Meeting
A motion was made by Councilmember Carchio, second by Councilmember Sullivan to appoint
Mayor Pro Tem Matthew Harper to serve as the voting delegate and Council Members Joe
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Carchio and Joe Shaw as alternates 2 and 3, respectively, to represent the City of Huntington
Beach at the 2013 League of California Cities Annual Conference and Annual Business
Meeting, scheduled for September 18 - 20, 2013.
The motion carried with the following roll call vote:
AYES: Sullivan, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
OUT OF ROOM: Hardy
Councilmember Carchio reported attending the California League of Cities General Membership
meeting where he was elected to represent the Large Cities for the Orange County League of
Cities. Additionally, he reported receiving a letter from Planning Commissioner Connie Mandic,
resigning from the Commission and Councilmember Carchio thanked her for her service and
announced his appointment of Mike Posey to the Planning Commission.
CITY MANAGER'S REPORT
City Manager Fred Wilson reported having recently been made aware of an event at Huntington
State Beach on September 14, 2013 (The Wet Electric Beach Party). He expressed concerns
about impacts of this event on the City, in light of recent events, and stated that the City does
not endorse or support the event. He urged concerned residents to contact the State Beach
Authority (714-377-8657), and noted that staff will continue to gather information about the
issue.
Mayor Boardman stressed that Council does not support the event and urged residents to call
the State to express their concerns about the event.
CITY TREASURER'S REPORT
2. Received and Filed the City Treasurer's June 2013 Quarterly Investment Summary
Report
City Treasurer Alisa Cutchen presented the City Treasurer's June 2013 Quarterly Investment
Summary Report. She addressed the City's investment portfolio including their related market
values, market values per type and an analysis of the investment composition of surrounding
cities. She detailed the portfolio performance, fiscal year-to-date rate of return and commonly
State allowed investments.
A motion was made by Councilmember Sullivan, second by Mayor Pro Tern Harper to receive
and file the Quarterly Investment Report for June 2013, pursuant to Section 17.0 of the
Investment Policy of the City of Huntington Beach.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman Carchio, Shaw, Katapodis
NOES: None
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CONSENT CALENDAR
Mayor Pro Tem Harper stated that he would like to be recorded as a "no" vote on Items No. 4, 8
and 9.
Councilmember Hardy stated that she would like to be recorded as an "abstention" on Item No.
3.
Mayor Boardman pulled Items No. 5 and 9 for separate discussion and consideration
Councilmember Katapodis requested pulling Item No. 10 for separate discussion and
consideration. Mayor Boardman indicated that she would like to postpone consideration of the
Community Services Officer position under Item No. 10 until the Chief of Police can be in
attendance to respond to questions from Council, but would like action on the remaining
positions within the item.
Councilmember Shaw pulled Item No. 11 for separate discussion and consideration.
Mayor Pro Tem Harper pulled Item No. 21 for separate discussion and consideration.
3. Approved and adopted minutes of July 15, 2013
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to approve
and adopt the minutes of the City Council/Public Financing Authority Regular Meeting of July
15, 2013, as written and on file in the office of the City Clerk and approve and adopt the minutes
of the Special Meeting of the Successor Agency to the former Redevelopment Agency of the
City of Huntington Beach on July 15, 2013, as written and on file in the office of the City Clerk.
The motion carried with the following roll call vote:
AYES: Sullivan, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSTAIN: Hardy
4. Approved City Position regarding Senate Bill 510 - Rental Mobile Home Park
Conversions and Assembly Bill 1092 - Building Standards for Electric Vehicle
Charging Stations as recommended by the Intergovernmental Relations
Committee (IRC)
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to
authorize the Mayor to sign a letter of Support for SB 510 (Jackson): Land use/Subdivisions —
Rental mobile home park conversions; and, authorize the Mayor to sign a letter of Support for
AB 1092 (Levine): Building Standards — Electric Vehicle Charging Stations.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis
NOES: Harper
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5. Approved submittal of an application to the State for funding of new playground
equipment at Harbour View and Newland Parks
Mayor Boardman pulled the aforementioned item for separate discussion and consideration.
She highlighted park improvements by the City including installation of new playground
equipment at Newland and Harbour View Parks. She noted that funding was obtained through
bonds and other grants and thanked staff for pursuing them.
A motion was made by Mayor Boardman, second by Mayor Pro Tern Harper to approve the
submittal of an additional application to the State for use of the $208,000 in available funds
from the 2002 State Park Bond Per Capita and Roberti Z'Berg Grant awards for the purchase
and installation of new playground equipment at Harbour View Park and Newland Park.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
6. Adopted Resolution No. 2013-34 for a Capital Improvement Program (CIP) to
comply with Renewed Measure M Requirements
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to adopt
Resolution No. 2013-34, "A Resolution of the City Council of the City of Huntington Beach
Adopting a Capital Improvement Program for the Years 2013/2014 through 2019/2020 for
Compliance with Renewed Measure M Eligibility Requirements".
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
7. Adopted Resolution No. 2013-35 Approving the Certification of Special
Assessments for Delinquent Civil Fines for Municipal Code Violations
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to adopt
Resolution No 2013-35 "A Resolution of the City Council of the City of Huntington Beach
Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code
Violations," and, direct that all charges listed thereon be certified to the Orange County 2013/14
Property Tax Roll.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
Adopted Resolution No. 2013-36 Authorizing the City to Levy the Annual
Retirement Property Tax for Fiscal Year 2013/14 to Pay for Pre-1978 Employee
Retirement Benefits
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A motion was made by Councilmember Sullivan, second by Councilmember Carchio to adopt
Resolution No. 2013-36, "A Resolution of the City Council of the City of Huntington Beach
Levying a Retirement Property Tax for Fiscal Year 2013/14 to Pay for Pre-1978 Public
Employee Retirement Benefits" of $0.01500 per $100 of assessed valuation. The tax rate of
$0.01500 would continue the current tax rate from Fiscal Year 2012/13.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis
NOES: Harper
9. Adopted Resolution No. 2013-40 Establishing Residential Parking Permit District
"O" affecting residents on Sunburst Lane, Chestnut Drive, Moonbeam Drive,
Sunflower Lane, and Briarwood Drive in Huntington Beach
Mayor Boardman pulled the aforementioned item for separate discussion and consideration.
She thanked Goldenwest College for agreeing to pay costs related to establishing a residential
parking district in its area.
Councilmember Katapodis thanked Travis Hopkins for assisting in the matter as well.
A motion was made by Mayor Boardman, second by Councilmember Hardy to adopt Resolution
No. 2013-40, "A Resolution of the City Council of the City of Huntington Beach Establishing
Residential Parking Permit District "O" within the City of Huntington Beach."
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis
NOES: Harper
10. Adopted Resolution No. 2013-33 as amended approving Amendments to the City's
Classification Plan affecting the current position of Administrative Environmental
Specialist, and newly -created classifications of Community Services Officer,
Community Services & Recreation Specialist, and Facilities Maintenance
Supervisor
Mayor Boardman indicated that she would like to postpone consideration of the Community
Services Officer position until the Police Chief can be in attendance to respond to questions
from Council but would like to act on the remaining positions.
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to adopt
Resolution No. 2013-33, "A Resolution of the City Council of the City of Huntington Beach
amending the City's Classification Plan by changing the title of Administrative Environmental
Specialist to Environmental Specialist and adding the job classifications and establishing the
compensation of Community Services & Recreation Specialist, and Facilities Maintenance
Supervisor" as amended to postpone consideration of the Community Services Officer
until the Chief of Police can be present.
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The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
11. Approved Fiscal Year 2013/2014 OC Animal Care Services Contract
Councilmember Shaw pulled the aforementioned item for separate discussion and
consideration.
A motion was made by Councilmember Shaw second by Mayor Pro Tem Harper to adopt
approve and authorize the Mayor to execute "Exhibit B to Agreement for Provision of OC Animal
Care Services with City of Huntington Beach July 1, 2013 through June 30, 2014;" authorize the
Chief of Police to expend up to $472,515 for animal control services as budgeted; and,
authorize the Chief of Police to expend up to $186,023, if necessary, to cover the entire contract
limit.
The motion carried with the following roll call vote
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
12. Approved Professional Services Contracts between the City of Huntington Beach
and Transystems, Inc., CivilSource, Inc., Dudek, Inc., AKIVI Consulting Engineers,
Inc., Harris and Associates, Inc., and Psomas; Inc. for as -needed construction
management and administrative support services
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to approve
and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the
City of Huntington Beach and TranSystems, Inc. for As -Needed Construction Management and
Administrative Support Services" for an amount not to exceed $1 million for a three year term;
approve and authorize the Mayor and City Clerk to execute "Professional Services Contract
Between the City of Huntington Beach and CivilSource, Incorporated for As -Needed
Construction Management and Administrative Support Services" for an amount not to exceed
$1 million, for a three year term; approve and authorize the Mayor and City Clerk to execute
"Professional Services Contract Between the City of Huntington Beach and Dudek, Inc. for As -
Needed Construction Management and Administrative Support Services" for an amount not to
exceed $1 million for a three year term; approve and authorize the Mayor and City Clerk to
execute "Professional Services Contract Between the City of Huntington Beach and AKM
Consulting Engineers, Inc. for As -Needed Construction Management and Administrative
Support Services" for an amount not to exceed $1 million for a three year term; approve and
authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City
of Huntington Beach and Harris & Associates, Inc. for As -Needed Construction Management
and Administrative Support Services" for an amount not to exceed $1 million for a three year
term; and, approve and authorize the Mayor and City Clerk to execute "Professional Services
Contract Between the City of Huntington Beach and Psomas, Inc. for As -Needed Construction
Management and Administrative Support Services" for an amount not to exceed $1 million for a
three year term.
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Page 14 of 24
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
13. Approved Agreement for Acquisition and Escrow Instructions for the Purchase of
Two Encyclopedia Parcels (APNs 110-183-19 and 110-152-01) located on the north
side of Ellis Avenue between Edwards and Goldenwest Streets
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to approve
the Agreement for Acquisition and Escrow Instructions; authorize the Mayor and City Clerk to
execute the agreement and other related documents; and, authorize the City Manager to
execute any other related escrow documents.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
14. Approved Agreement for Acquisition and Escrow Instructions for the Purchase of
an Encyclopedia Parcel (APN 110-152-22) located on the north side of Ellis Avenue
between Edwards and Goldenwest Streets
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to approve
the Agreement for Acquisition and Escrow Instructions; authorize the Mayor and City Clerk to
execute the agreement and other related documents; and, authorized the City Manager to
execute any other related escrow documents.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
15. Awarded and authorized execution of a construction contract in the amount of
$184,045.00 to Sancon Engineering, Inc. for the FY 2012/13 Sewer Rehabilitation
Project, CC-1444.
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to accept
the lowest responsive and responsible bid submitted by Sancon Engineering, Inc. in the amount
of $184,045.00; and, authorize the Mayor and City Clerk to execute a construction contract in a
form approved by the City Attorney.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
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Page 15 of 24
16. Approved and Authorized Execution of the Professional Services Contract with
Mayer Hoffman McCann P.C. for Transient Occupancy Tax and Lease Concession
Audit Services
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to approve
and authorize the Mayor and City Clerk to execute the "Professional Services Contract between
the City of Huntington Beach and Mayer Hoffman McCann P.C. for Transient Occupancy Tax
and Lease Concession Audit Services" in an amount not to exceed $112,500 ($37,500 per
year).
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
17. Approved Annual Report and Fiscal Year 2013-2014 Budget and adopted
Resolution No. 2013-37 declaring the City's intention to levy an annual
assessment for Fiscal Year 2013-2014 within the Huntington Beach Auto Dealers
Association Business Improvement District (BID); and scheduled a public hearing
for September 3, 2013
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to approve
the Annual Report and Fiscal Year 2013-2014 Budget of the Huntington Beach Auto Dealers
Association Business Improvement District; adopt City Council Resolution No. 2013-37, "A
Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention to
Levy an Annual Assessment Within the Huntington Beach Auto Dealers Association Business
Improvement District for Fiscal Year 2013-2014;" and, direct the City Clerk to schedule a public
hearing to be held on September 3, 2013, and send copies of the Resolution of Intention and
assessment formula to each business to be assessed and publish the same in a newspaper of
general circulation as required.
The motion carried with the following roll call vote
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
18. Approved Annual Report and Fiscal Year 2013-2014 Budget and adopt Resolution
No. 2013-39 declaring the City's intention to levy an annual assessment for Fiscal
Year 2013-2014 within the Downtown Huntington Beach Business Improvement
District (BID); and scheduled a public hearing for September 3, 2013
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to approve
the Annual Report and Fiscal Year 2013-2014 Budget of the Huntington Beach Downtown
Business Improvement District; adopt City Council Resolution No. 2013-39, "A Resolution of the
City Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual
Assessment for Fiscal Year 2013-2014 Within the Huntington Beach Downtown Business
Improvement District" including Exhibits A-C; and, direct the City Clerk to schedule a public
hearing to be held on September 3, 2013, and send copies of the Resolution of Intention,
including the BID Boundary Map and assessment formula to each business to be assessed, and
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August 5, 2013
Page 16 of 24
publish the same in a newspaper of general circulation as required.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
19. Approved Annual Report and Fiscal Year 2013-2014 Budget and adopted
Resolution No. 2013-38 declaring the City's intention to levy an annual
assessment for Fiscal Year 2013-2014 within the Hotel/Motel Business
Improvement District (BID); and, scheduled a public hearing for September 3, 2013
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to approve
the Annual Report and Fiscal Year 2013-2014 Budget of the Huntington Beach Hotel/Motel
Business Improvement District; adopt City Council Resolution No. 2013-38, "A Resolution of
the City Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual
Assessment for Fiscal Year 2013-2014 within the Huntington Beach Hotel/Motel Business
Improvement District;" and, direct the City Clerk to schedule a public hearing to be held on
September 3, 2013, and send copies of the Resolution of Intention, including the assessment
formula to each business to be assessed, and publish the same in a newspaper of general
circulation as required.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
20. Approved and authorized execution of a Professional Services Contract with
Moffatt & Nichol to provide engineering services for the Huntington Harbour
Waterline Project and Harbour Dredging Analysis.
A motion was made by Councilmember Sullivan, second by Councilmember Carchio to approve
and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the
City of Huntington Beach and Moffatt & Nichol for engineering services related to the Huntington
Harbour Waterline and Maintenance Dredging Projects" in an amount not to exceed $300,000.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
21. Continued to a date uncertain the Adoption of Ordinance No. 3983 amending
Chapter 2.64 of the Huntington Beach Municipal Code changing the makeup of the
Community Services Commission
Approved for introduction July 15, 2013 - Vote: 6-0-1 (Hardy absent)
Mayor Pro Tern Harper pulled the aforementioned item for separate discussion and
consideration. He reported concerns and asked the City Manager for clarification.
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Page 17 of 24
City Manager Wilson addressed two 1985 Joint Use Agreements that were in place that had the
old definition of the Commission. He reported that new negotiations are needed and that the
matter will take some time to make the ordinance consistent in reference to the makeup of the
Commission. He hoped that the matter will be resolved within sixty (60) days to bring it back to
Council for final adoption.
A motion was made by Mayor Pro Tern Harper, second by Councilmember Carchio to continue
the Adoption of Ordinance No. 3983, "An Ordinance of the City of Huntington Beach Amending
Chapter 2.64 of the Huntington Beach Municipal Code Relating to the Community Services
Commission" until after the City has successfully renegotiated two 1985 joint use agreements
(Coast Community College District; Fountain Valley, Ocean View and Huntington Beach City
School Districts).
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
PUBLIC HEARING
22. Approved the 2013-2014 Housing and Urban Development (HUD) Action Plan for
the Community Development Block Grant (CDBG)/HOME Investment Partnership
Program (HOME); and, authorized the City Manager to sign the Application for
Federal Assistance Funds
Economic Development Project Manager Simone Slifman presented the report addressing
action items, the consolidated action plan for a five-year period, the CDBG allocation process,
CDBG category allocations, additional projects recommended by Public Works and
recommendations for public and non-public services. She added that outside organizations also
receive funding and that all applicants received recommendations for funding this year. Ms.
Slifman also addressed HOME allocations.
Mayor Boardman opened the Public Hearing. There were no speakers and Mayor Boardman
closed the Public Hearing.
A motion was made by Mayor Boardman, second by Mayor Pro Tern Harper to approve the
2013-2014 Housing and Urban Development (HUD) Action Plan for the Community
Development Block Grant (CDBG)/HOME Investment Partnership Program (HOME); and
authorize the City Manager to sign the federal assistance application and ail other documents.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
Mayor Boardman thanked the CDBG Committee for the work they do throughout the year.
23. Continued Development Agreement No. 13-002 (Pedigo Apartments) to a date
certain (August 19, 2013)
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A motion was made by Mayor Boardman, second by Mayor Pro Tem Harper to continue
Development Agreement No. 13-002 to the City Council meeting of August 19, 2013, at the
applicant and staffs request.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ADMINISTRATIVE ITEMS
24. Approved the concept and wording for a sign at the Main Street Branch Library as
recommended by the Historic Resources Board and Library Board of Trustees
A motion was made by Councilmember Carchio, second by Mayor Pro Tem Harper to approve
the concept of placing a sign in front of the Main Street Branch Library; and approve the
proposed wording for the sign as recommended by the Historic Resources Board and the
Library Board of Trustees.
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ORDINANCES FOR INTRODUCTION
25. Continued Introduction of Ordinance No. 3985 amending Huntington Beach
Municipal Code (HBMC) Section 7.12.010 relating to the keeping of bees
City Manager Wilson reported that the current section of the Municipal Code allows for the
keeping of bees within 200 feet of any dwelling, except the house of the person who is in control
of the bees. He presented the proposal noting it was brought forth because of concerns voiced
by residents.
Councilmember Hardy invited previous public speaker, Amy Cripps, President of the Orange
County Beekeepers Association, to the podium to respond to questions.
In response to inquiries from Councilmember Hardy, Ms. Cripps stated that the provision related
to 200 feet would prohibit beekeepers from keeping hives in their back yards. See addressed
safety concerns, acknowledged the existence of Africanized Bees and noted that the
organization encourages beekeepers to keep European Honey Bees that are gentle and more
appropriate for a back yard. She presented an ordinance from the City of Santa Monica as a
sample and suggested using it as a template to make it appropriate for the City of Huntington
Beach.
Councilmember Hardy felt that it would be beneficial to postpone this item in order to obtain
further information on the issue and develop an appropriate ordinance.
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August 5, 2013
Page 19 of 24
Mayor Pro Tern Harper spoke regarding the ability of residents working with their Homeowners'
Association to develop rules that are appropriate within Huntington Landmark for or against the
keeping of bees. He reported visiting the Orange County Beekeepers Association booth at the
O.C. Fair and commented on the importance of bees in the process of pollination and a
declining bee population within the United States. He expressed support for the motion and
added a request that staff consider appropriate stakeholders on the issue.
Councilmember Shaw agreed with Councilmember Hardy's and Mayor Pro Tem Harper's
comments and indicated that he would not support an ordinance that would govern the entire
City on this matter. He addressed the importance of bees in nature and indicated his support of
the motion to allow time to develop an appropriate ordinance for the City.
Councilmember Carchio asked previous speakers to the podium to provide additional
information.
Christine Riley, Huntington Landmark resident, stated that the problem has been on -going and
felt that it is not appropriate to keep bees in a senior community.
Councilmember Carchio stated that the subject bee keeper is operating a business without the
appropriate permits.
Tom Dern, Huntington Landmark resident, reported that they have taken the matter to the Board
but that it has refused to take action on the matter because they have an interest in keeping the
bees. He reported that the bee keeper is not licensed, doesn't know what he's doing and that
the bees are aggressive.
Councilmember Carchio commented on the need to address the issue and indicated he would
support the motion if it would include banning bees in senior communities. He added that the
City of Costa Mesa bans bees.
Councilmember Sullivan noted that bees can be dangerous and wondered regarding regulating
irresponsible beekeepers. He felt that if it cannot be done, bees should be banned completely.
Councilmember Hardy stated that bees don't belong in condominium communities or mobile
home parks. She stated the need to address the issue appropriately with as much information
as possible. She suggested that the County Health Department may be helpful in terms of
addressing the issue of the specific bee keeper selling the honey without the appropriate
permits.
In response to an inquiry from Mayor Boardman, Ms. Cripps reported that it is impossible to tell
the difference between a regular bee and an Africanized bee in the wild but Bee Keepers can
ensure they do not have Africanized Queens when purchasing them and explained that regular
bees are gentle. She added that there are ways to manage keeping regular bees.
A motion was made by Councilmember Hardy, second by Councilmember Katapodis to
postpone the introduction of Ordinance No. 3985, "An Ordinance of the City of Huntington
Beach Amending Chapter 7.12 of the Huntington Beach Municipal Code Relating to
Miscellaneous Animal Care and Control" and work with O.C. Beekeepers Association to come
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August 5, 2013
Page 20 of 24
up with an ordinance that works for all the City, and protects seniors. The motion carried with
the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
Mayor Pro Tem Harper thanked Ms. Cripps for attending the meeting at short notice and
providing her input.
26. Approved for Introduction Ordinance No. 3984 repealing Huntington Beach
Municipal Code Chapters 9.24.090 (Card Games), 9.44.015 (Regulation of Alcohol
Consumption on or about Independence Day), and 9.84.070 (c) (i), (ii), (iii), and (iv)
(Alcohol Use Permit Requirements)
City Manager Wilson reported the matter was brought up by Members of Council and is a
cleanup of some of the sections of the Municipal Code.
Mayor Pro Tem Harper thanked City staff and the Police Department for their input on this
matter and noted the importance of making the Municipal Code relevant.
A motion was made by Mayor Pro Tem Harper, second by Councilmember Hardy to after the
City Clerk reads by title, approve for Introduction Ordinance No. 3984, "An Ordinance of the City
of Huntington Beach Repealing Huntington Beach Municipal Code Chapters 9.24.090 Relating
to Card Games, 9.44.015 Relating to Regulation of Alcohol Consumption on or about
Independence Day, and 9.84.070 (c) (i), (ii), (iii), & (iv) Relating to Alcohol Use Permit
Requirements."
The motion carried with the following roll call vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ORDINANCES FOR ADOPTION
27. Adopted Ordinance No. 3986, an Interim Ordinance Establishing a Moratorium on
Conversion of Senior Mobile Home Parks
(REQUIRES 415 VOTE TO ADOPT)
City Attorney McGrath reported that the item was in accordance with direction from Council at
its last regular meeting and is designed to preserve the status quo to allow staff to develop an
appropriate ordinance. She stated that per the Government Code the matter will be presented
for Council consideration again within forty-five (45) days with a public hearing notice and for
subsequent development of an ordinance which will need an environmental review and
consideration by the Planning Commission before final consideration by Council.
Mayor Pro Tem Harper expressed concerns over the impact of the moratorium on private
property rights and felt that it is an issue about the taking of property rights and restricting the
ability of property owners to rent to whomever they want. He opined that the City should not be
involved in the matter and indicated that he will oppose the motion.
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Page 21 of 24
Councilmember Carchio stated that he is a strong advocate for property rights but also a strong
advocate for seniors. He felt that seniors present fewer problems to mobile park property
owners than families. He felt that if owners don't have an intention of changing their parks, then
the moratorium will not make much of a difference and stated that the owners of mobile homes
also have rights. He voiced his support of the motion.
Mayor Pro Tern Harper commented on steps by property owners to preserve their rights when
threatened by government action. He felt that the proposed ordinance is government imposition
that will affect the properties in perpetuity. He felt that by supporting the motion, it will indicate
support for taking away private property rights.
Mayor Boardman commented on Mayor Pro Tern Harper's statements and stated that the park
owner's representative previously stated no objection to the recommended action. She added
that it became obvious the very next day that action was needed to protect seniors because the
park owners immediately changed their minds. She reported that Council cannot do anything
regarding security of rents but that the courts have ruled that cities are justified in protecting
senior housing, that these are not "takings and that mobile home parks are worthy of
protecting. She indicated her support of the motion.
Councilmember Carchio commented on the importance of security for seniors, especially since
they don't have the ability to earn more money. He felt that the issues can be resolved by
working together.
Mayor Pro Tern Harper felt that the fact that property owners and business owners want to be
compliant is not indicative that they want added regulations. He reiterated that the City should
not dictate on this issue.
A motion was made by Mayor Boardman, second by Councilmember Hardy to after the City
Clerk reads by title, adopt Ordinance No. 3986, "An Interim Ordinance of the City Council of the
City of Huntington Beach establishing a Temporary Moratorium on the conversion/change of
any Mobilehome Park currently existing in the City from a Park occupied primarily or exclusively
by residents over the age of 55 years (Senior Residents) to a Mobilehome Park allowing
residents of all ages and declaring the urgency thereof, to take effect immediately." The motion
carried with the following roll call vote:
AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis
NOES: Harper
COUNCILMEMBER ITEMS
28. Submitted by Councilmember Shaw: Confidentiality Agreement Between
The Orange County Water District and Poseidon Resources
Councilmember Shaw reported that he is interested in promoting transparency and openness in
local government and felt that Council has obligation to make the legislative process as
transparent as possible. He stressed the need for a full, complete review that is transparent and
open and stated there is no proprietary information related to the Poseidon proposal but that
what they want to hide are the costs. He provided a PowerPoint presentation and presented the
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August 5, 2013
Page 22 of 24
desalination plant in Adelaide, Australia as an example of what could happen in the City. He
stressed that ratepayers are at risk of having their rates increased and stressed the need for
keeping the process public.
Discussion followed regarding previous similar actions by Council in the past.
Mayor Pro Tern Harper expressed concerns with breaking with procedure in terms of the City
making a judgment on what independently -elected bodies decide. He felt this is the wrong
venue in which to address the matter.
Councilmember Carchio commented on differences of opinion and invited Mike Markus,
General Manager of the OCWD to respond to questions.
Mr. Markus explained that the Board has directed OCWD staff to study the issue and the only
way that it can effectively be studied is to be able to see all documentation, including costs. He
added that they will be able to readily tell whether the costs claimed by Poseidon in their
proposal are reasonable or not. A report will be provided to the Board which will then make a
determination as to next steps.
Cathy Green, OCWD Board Member, added that the item and related vote were acted on in
public at a regular meeting of the Board. She reported that the Board has already executed the
agreement and that it, along with the amendment, is available on their website.
Councilmember Carchio stated that the OCWD is not deciding on whether the project is good or
bad, but whether it is feasible and Ms. Green affirmed so.
Mr. Markus indicated that the report will be open to anyone and everyone and that OCWD
wants to review the assumptions made by Poseidon to assess their validity.
Councilmember Carchio felt that the OCWD is being transparent
Councilmember Hardy voiced her opposition to the project but also her support of government
being transparent and honest and indicated her support of the motion once it's made.
Councilmember Katapodis felt that it's not so much an issue of transparency, but rather that the
OCWD is merely looking into the feasibility of the project and should be allowed to do so before
.making a decision.
Councilmember Sullivan stated that he will not support the item because he doesn't feel there is
a transparency problem. However, he expressed strong concerns regarding Poseidon's ability
to perform and suggested allowing time to evaluate the system in Carlsbad.
Mayor Boardman stated that Council has the right to express opinions regarding other agencies,
especially one from which the City buys water. She indicated her interest in the financial health
of Poseidon, especially as it relates to the OCWD and their potential business relationship. She
expressed concerns regarding increased water rates and the agency getting information that is
not available to the public that will be used later to make decisions.
Councilmember Shaw commented on desalination plants in Manly, Australia
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August 5, 2013
Page 23 of 24
Mayor Pro Tem Harper stated that the plant was approved twice by previous Council and hoped
that this Council will recognized that the OCWD is made up of elected officials, voted for by the
public and that this is a prudent action taken by the agency and a decision for their Board of
Directors to make. He indicated he will oppose the action.
A motion was made by Councilmember Shaw, second by Councilmember Hardy to transmit to
OCWD a letter from the City Council expressing the City's opposition to OCWD entering into a
Confidentiality Agreement.
The motion failed with the following roll call vote:
AYES: Hardy, Boardman, Shaw
NOES: Sullivan, Harper, Carchio, Katapodis
COUNCILMEMBER COMMENTS (Not Agendized)
Mayor Pro Tem Harper thanked and commended Mayor Boardman for calling a Special Council
meeting on Tuesday, July 30th and her handling of the meeting after the incident that occurred
after the U.S. Open of Surfing. He felt that the City was able to learn a lot which will help it to
make necessary changes and prepare for the future. He commented on the many opinions
heard and felt that the City will move in the right direction while maintaining its surfing heritage.
Councilmember Hardy reported attending the concert for the Children's Summer Reading
Program and commented positively on the event and the program. She reported that there is
also a Teen and Adult program and encouraged the public to participate next year.
Councilmember Katapodis reported attending the U.S. Open and thanked the Mayor for calling
a special meeting as well as all of the residents who attended and emailed and voiced their
concerns and ideas. He commended the Police Department for their work. In addition, he
reported attending the reception at Pacific City.
Councilmember Shaw thanked Mayor Boardman for leading the Special meeting and expressed
his appreciation to the public who participated. He stated that all of the ideas presented will be
taken into consideration and the taskforce will do whatever needs to be done to ensure that the
incident doesn't happen again.
Councilmember Carchio reported attending the U.S. Open noting that it was a successful event.
He commented on the incident after the Open and stressed that the taskforce will work hard to
make the appropriate changes to ensure the success of future events. Additionally, he reported
attending the grand -opening .of the AltaMed Teen Clinic and congratulated them. He reported
meeti,ng with the Mayor of Manly, Australia during the U.S. Open and commended, staff. He
reported visiting the Surfing Walk of Fame and thanked Don McAllister. In addition, he reported
visiting Pacific City and commented on it becoming a reality. Councilmember Carchio
commented on the Surfer's Hall of Fame and thanked Chris Cole. He reported attending the
Premiere Girls Softball Tournament and commented positively on the event. Lastly, he
addressed the, "Be a Buddy, Not a Bully" program and reported receiving a letter from Wal-Mart
with a check for $5,000 to continue the program in City schools.
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August 5, 2013
Page 24 of 24
Councilmember Sullivan reported attending the Senior Citizens' Advisory Council Executive
Board meeting as well as the Health and Nutrition Committee meeting of the same organization.
Mayor Boardman thanked all of the residents who attended the Special Council meeting and
expressed their concerns to Council. She noted that there are five (5) seats for residents on the
Downtown Taskforce that is being formed and reported that those interested in participating on
the taskforce may obtain an application from the City's Deputy Economic Development Director
Kellee Fritzal. Mayor Boardman announced that the Police Department is still accepting
information on those involved in the July 28th disturbance and urged the public to email
information, videos and pictures to hbpdfiles(aD,gmail.com. She thanked those who have already
submitted information to help identify the vandals.
ADJOURNMENT
There being no further business to come before Council, Mayor Boardman adjourned the
meeting at 9:36 P.M.
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Monday, August 19, 2013, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street,
Huntington Beach, California.
City bierk and ex-officio ClerVof the City
Council/Successor Agency of the City of
Huntington Beach, Secretary of the
Huntington Beach Public Finance Authority
of the City of Huntington Beach, California
ATTEST:
CJh Clerk-Clerk-Secreta Mayor -Chair