HomeMy WebLinkAbout2015-01-20Minutes
City Council/Public Financing Authority
and Special Meeting of the Housing Authority
City of Huntington Beach
Tuesday, January 20, 2015
4:00 PM - Room B-8
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audio recording of the 4:00 PM portion of this meeting
and video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk and are archived at
www.surfcity-hb.org/government/agendas/
4:00 PM - Council Chambers - Closed Session
CALL TO ORDER - 4:02 PM
ROLL CALL
Present: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS FOR CLOSED SESSION
(Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan L. Flynn announced supplemental
communications received by her office following distribution of the Council agenda packet:
PowerPoint communication submitted for Study Session Item No. 1 by Teri Baker, Assistant to the City
Manager, dated January 20, 2015, entitled Overview of the Proposed Fireworks Ordinance.
PowerPoint communication submitted for Study Session Item No. 2 by Scott Hess, Director of Planning
and Building, dated January 20, 2015, entitled Huntington Beach General Plan, The Next Wave.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute
Time Limit) - 2 Speakers
Craig Durfey spoke and distributed information regarding bicycles in relation to Study Session Item No.
2 - General Plan Update.
Shawn Land, Huntington Beach Community Forum, spoke in support of Study Session Item No. 1 —
Proposed Ordinance Relating to Fireworks; and, Study Session Item No. 2 - General Plan Update.
STUDY SESSION
1. Overview of proposed language to Ordinance relating to Fireworks.
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 2 of 17
City Manager Fred Wilson presented a PowerPoint entitled Overview of the Proposed Fireworks
Ordinance that included the following titled slides: Background, Key Elements of Draft Ordinance,
Qualified Applicant Requirements, Qualified Applicant Requirement Recommendations, Permit Options
for Consideration, Regulatory Fee, Allowable Dates and Hours of Sale and Discharge, Discharge
Location Restrictions, Safety, and Education Program.
Fire Chief McIntosh discussed how the regulatory fee is computed.
Councilmember Delgleize questioned, and Police Chief Handy explained new tactics for illegal
fireworks enforcement (targeting activity early, storage facilities, black market sales, etc.).
Councilmember Delgleize, Councilmember Peterson, and staff discussed dividing regulatory fees
based on number of booths and the 10% profit based on gross sales.
Councilmember Sullivan requested an informational safety announcement be broadcast on HBTV
Channel 3 at least two weeks before the holiday, and questioned street use for firework deployment. He
discussed a public lottery and public impression that lottery winners are pre -determined, and voiced
concerns about an organization no longer residing in the City intending to apply.
Mayor Hardy and staff discussed the category under which high school sports teams qualify.
Councilmember Posey and staff discussed the average sale of fireworks per booth, why permits should
be divided into three categories, how $56,000 appropriated for enforcement can be applied to holiday
clean up, including street sweeping. It was mentioned that some data may be available that
differentiates how the $56,000 is spent.
Councilmember O'Connell questioned the percentage of $56,000 devoted to confiscation of illegal
fireworks, and Councilmember Posey recommended a more detailed accounting of funds in the future.
Discussion continued on whether or not people who sell safe and sane fireworks are being penalized
through the regulatory fee for those individuals using illegal fireworks.
Mayor Hardy and Mayor Pro Tern Katapodis both spoke in support of improving the lottery system.
Councilmember Sullivan discussed the City's position to encourage fireworks companies to assign
locations, and congratulated Fire Chief McIntosh and Police Chief Handy on their public safety efforts.
Councilmember Delgleize expressed concerns about the number of responses in relation to drawing
permits from three selected groups.
Councilmember Peterson voiced concerns related to application of a 10% regulatory fee,
2. Staff and PINK, the City's General Plan Consultant, provided an overview of the General
Plan Update project, presented a re -cap of the Community Vision and Guiding Principles,
and discussed the next steps in the process.
Planning Manager Jennifer Villasenor, and City Consultant Jeff Henderson with PMC provided a
PowerPoint presentation entitled General Plan Update, that included the following titled slides:
Agenda, General Plan Update Overview, What is the General Plan?, The General Plan Provides a
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 3 of 17
Long Term View to Support Shorter Term Decisions, Existing HBGP, Proposed GP Update, GP Review
and Approval Process, Project Timeline Status, Community Engagement, Community Elongate Net
Activities, Community Vision 2040 and Guiding Principles, Vision and Guiding Principles Prices,
Technical Analysis, Technical Studies, Next steps, and Questions.
RECESSED TO CLOSED SESSION - 5:02 PM
A motion was made by Katapodis, second Posey to recess to Closed Session Item Nos. 3-9. The
motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
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 following lawsuit: Sunny Shin vs.
City of Huntington Beach, WCAB Case Nos. ADJ784772, Claim No. COHB-11-0150.
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: John Briscoe
vs. City of Huntington Beach, Orange County Superior Court Case No. 30-2014-00744577-
CU-JR-CJC relating to the right to display political signs on private property more than
50 days before or more than 10 days after an election.
5. 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: Dean Dicarlo vs.
City of Huntington Beach, Orange County Superior Court Case No. 30-2014-00754221-CU-
WM-CJC relating to the City's residential permit parking ordinance.
6. 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: Parks Legal
Defense Fund et al. v. The City of Huntington Beach et al., Orange County Superior Court
Case No. 30-2008-00051261 and Court of Appeal Case No. G048620 and Parks Legal
Defense Fund et al. v. City of Huntington Beach et al., Orange County Superior Court
Case No. 30-2012-00570541. In these two lawsuits challenging the Senior Center, a public
interest advocacy organization alleges that the City violated CEQA, City Charter Section
612 (Measure C), and the City's General Plan in approving the Senior Center.
7. 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: Susan
Goldsmith v. California Department of Transportation; City of Huntington Beach, et al.,
Orange County Superior Court Case No. 30-2014-00726042, a bicycle accident on the
driveway at 19501 Beach Boulevard leading into the Walgreens Pharmacy parking lot.
8. 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: Christina
Zeltner v. Maria Miller/City of Huntington Beach, Orange County Superior Court Case No.
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 4 of 17
30-2014-00725033, an automobile accident involving Plaintiff and Huntington Beach
employee Maria Miller on Garfield Avenue.
9. 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: Ocean View
School District v. City of Huntington Beach (Rainbow Disposal), Orange County Superior
Court Case No. 30-2013-00692076, a CEQA challenge to the City's final EIR No. 07-001 on
the rezoning of the Rainbow Disposal property at the southeast corner of Warner
Avenue/Nichols Lane.
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALLED TO
ORDER A SPECIAL MEETING OF THE HUNTINGTON BEACH HOUSING AUTHORITY - 6:07 PM
CLOSED SESSION REPORT BY CITY ATTORNEY - None.
ROLL CALL
Present: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
Absent: None
PLEDGE OF ALLEGIANCE - Led by Councilmember Delgleize
INVOCATION - Led by Fr. Christian Mondor, Saints Simon and Jude Parish and a member
of the Huntington Beach Interfaith Council.
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 Hardy called on Victoria Alberty, Pat Bril and Gisela Campagne to present the Adoptable
Pet of the Month.
Victoria Alberty and Pat Bril introduced for adoption a 6-year old female mixed breed dog named Molly
Mayor Hardy presented commendations to Miss Huntington Beach Claire Epting and her court.
Mayor Hardy introduced Miss Huntington Beach 2015 Claire Epting, 1st Runner-up Princess Jena
Farris, 2nd Runner-up Princess Alexis Rodriguez, and Erin Burke, Miss Huntington Beach 2014. Miss
Burke reintroduced Queen Claire Epting, who briefly shared her personal community outreach
interests and recognized the efforts of organizations that support the Miss Huntington Beach Pageant.
Miss Epting introduced Princess Jena Farris who shared a bit about herself and then read a letter
written by Princess Rodriguez, who had to leave early to attend her English class.
Mayor Hardy called on and congratulated the City of Huntington Beach employees for their 30
years of service.
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 5 of 17
A brief video presentation was provided to acknowledge the following employees honored for 30 years
of public service:
Marlon Blodgett, Public Works
Edward Clair, Police
Anthony Rizco, Public Works
Bob Guzman, Public Works
David Humphreys, Police
Scott Hess, Planning and Building
Thomas Faye, Fire
Gregory Crow, Marine Safety
William Stuart, Police
Robert Civitano, Public Works
Marilyn Goldstein, Finance
John Griffin, Public Works
Mayor Hardy called on Director of Finance Lori Ann Farrell to present the Mayor's Award to
Accounting Technician II Karen Leuer.
Finance Director Lori Ann Farrell called on Karen Leuer as the January 2015 Mayor's Award recipient.
She acknowledged Karen's over seven years of total service to the City and expressed appreciation for
Karen's dedication to going above and beyond as Accounting Technician II for the last three years.
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.
For Public Hearing Agenda Item #7, two items were submitted:
1) Communication dated 11/25/14, originally submitted to the Planning Commission by
Mary Adams Urashima is being resubmitted to this Council.
2) 122 Main Supplemental Research History submitted by Kay H. Shay, Vice Chair,
Historical Resources Board.
For Agenda Item #10, Repeal of the Single -Use Carryout Bag Ordinance, correspondence was
received from 93 in support and 175 in opposition.
Also, two pieces of communication from City Manager Wilson:
"Single -Use Carryout Bag Ordinance Chronology for Adopting of the Ordinance with the ElR"
and "Single -Use Carryout Bag Ordinance Repeal Timeline"
All referenced documents are available for review in the City Clerk's Office and on-line.
PUBLIC COMMENTS (3 Minute Time Limit)
(The number (hh:mm:ss) following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb./org/government/agendas/).
Stephanie Deagle, Huntington Beach Relay for Life, announced a kick-off party at Fusion on Edinger at
6:30 PM on Thursday, January 22. She also announced the Relay for Life event date of April 25 in
Central Park West from 9 AM to 9 PM. (00:38:32)
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 6 of 17
Cari Swan spoke in support of Agenda Item No. 10 - repeal of the plastic bag ordinance. She also
distributed a communication entitled "The Story of Stuff Project," including signed statements
from individuals in favor of the repeal of the bag ban in Huntington Beach. (00:41:22)
Tiffany Johnson, Children's Needs Task Force, presented a commendation to Barnes and Noble and
the Bella Terra for their generous contributions to the community through the Barnes & Noble Holiday
Book Drive. (00:44:28)
Karen Chepeka voiced concerns about comments made by Councilmember Posey regarding local pet
businesses. (00:46:56)
Dr. Jeffrey Ostriker provided information and spoke in support of medical marijuana dispensaries.
(00:49:28)
Merle Moshiri spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(00:52:21)
Andrissa Dominguez spoke about Agenda Item No. 10 - repeal of the plastic bag ordinance; and, stated
support for Agenda Item No. 8 - Valentine's Day Parking - Option B. (00:55:09)
Don MacAllister, speaking on behalf of the Sister City Organization, informed Council of an upcoming
visit from our Manley, Australia Sister -City Representatives during the July 4th week. (00:58:37)
Chris Kunze spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(01:00:17)
Gino Bruno spoke in support of Agenda Item No. 10 - repeal of the plastic bag ordinance. (01:02:18)
Donna Dyer spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance. (01:04:28)
Karen Cho, Pegasus School, spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag
ordinance. (01:07:06)
Sierra Green, Pegasus School, spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag
ordinance. (01:10:25)
Conan Lam, Pegasus School, spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag
ordinance. (01:13:37)
Jenna Dyer, Pegasus School, spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag
ordinance. (01:16:15)
Travis Allen, State Assemblymember, Seventy -Second District, spoke in support of Agenda Item No. 10
- repeal of the plastic bag ordinance. (01:19:33)
Denise Easterby spoke in support of medical marijuana dispensaries. (01:23:06)
Zoe Florence spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(01:25:06)
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 7 of 17
Manuel Florence spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(01:26:04)
Linda Moon, Orange County League of Conservation Voters, spoke in opposition to Agenda Item No.
10 - repeal of the plastic bag ordinance. (01:29:21)
Kenny Roy spoke in support of medical marijuana dispensaries. (01-32:00)
Ralph Bauer provided an update on the ongoing problem of homeless in Huntington Beach. (01:34:36)
Peter Townend spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(01:36:44)
Debbie Killey spoke in support of Agenda Item No. 10 - repeal of the plastic bag ordinance. (01:38:45)
Maureen L voiced concerns about the Fire Chiefs annual salary, and about health benefits for City
Councilmembers. (01:42:17)
Peggy Price speaking on behalf of herself and the Compassionate Cities Committee, spoke in
opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance. (01:44:49)
Don Shear spoke in support of medical marijuana dispensaries. (01:48:11)
Frank Lo Grasso spoke in support of Agenda Item No. 10 - repeal of the plastic bag ordinance.
(01:51:07)
Michael Friedman spoke in support of medical marijuana dispensaries. (01:53:12)
Jennifer Paulin spoke in support of Agenda Item No. 10 - repeal of the plastic bag ordinance. (01:57:34)
Ray Raines spoke in support of Agenda Item No. 10 - repeal of the plastic bag ordinance. (02:00:17)
Tony Soriano spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(02:04:01)
Dan Kalmick, Algalita Marine Research and Education, and Bolsa Chica Land Trust, spoke in
opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance. (02:06:53)
Judith Marquez spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(02:10:44)
Mary Jo Baretich spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(02:14:06)
Todd May, Whole Foods Market Huntington Beach, spoke in opposition to Agenda Item No. 10 - repeal
of the plastic bag ordinance. (02:16:02)
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 8 of 17
Shane Coons spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(02:18:35)
James Torres spoke regarding Agenda Item No. 10 - repeal of the plastic bag ordinance. (02:21:30)
Duke Aipa spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance. (02:25:31)
Denise Erkeneff, Orange County League of Conservation Voters Board Member, spoke in opposition to
Agenda Item No. 10 - repeal of the plastic bag ordinance. (02:27:56)
Rob Pool spoke in support of Agenda Item No. 10 - repeal of the plastic bag ordinance. (02:30:43)
Teri Pool spoke in support of Agenda Item No. 10 - repeal of the plastic bag ordinance. (02:32:24)
Lori Ann Robeson spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(02:34:56)
Ralph Becker spoke in support of medical marijuana dispensaries. (02:37:36)
Cheryl Gowdy spoke in support of medical marijuana dispensaries. (02:40:08)
James Gowdy spoke in support of medical marijuana dispensaries. (02:42:50)
Brenda Calvillo spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance, and
voiced concerns about local pet businesses selling puppy -mill dogs. (02:44:41)
Keith Schnekenburger spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(02:48:01)
Gene Haberl spoke in support of Agenda Item No. 10 - repeal of the plastic bag ordinance. (02:49:59)
Mark Dixon spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance. (02:53:02)
Vern Pat Nelson, Huntington Beach No -Styrofoam Challenge, voiced concerns about use of Styrofoam
products. (02:55:18)
Nancy Hastings, Surfrider Foundation, spoke in opposition to Agenda Item No. 10 - repeal of the plastic
bag ordinance. (02:57:26)
Bill Hickman spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(03:00:49)
Dean Piercy spoke in support of medical marijuana dispensaries. (03:04:06)
Jeff Coffman spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(03:04:44)
Robert Nigro, CBD/Simpson Oil, spoke in support of medical marijuana dispensaries. (03:08:15)
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 9 of 17
Connie Boardman spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(03:10:30)
Steve Budica spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(03:13:52)
Jessica Bechtold spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(03:16:55)
Craig Cadwallader, Surfrider Southbay Chapter, spoke in opposition to Agenda Item No. 10 - repeal of
the plastic bag ordinance.
Councilmember Delgleize questioned if the ordinance referred to for the City of Manhattan Beach
included a $.10 grocers bag fee, and Mr. Cadwallader replied, "No." (03:19:56)
Bruce Wareh spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(03:22:50)
Mark Sheldon spoke in opposition to Agenda Item No. 10 - repeal of the plastic bag ordinance.
(03:26:23)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234 DISCLOSURE
REPORTING
Mayor Pro Tern Katapodis announced his appointment of Roger Forest to the Community Services
Commission, and that he attended the Public Safety Committee in Sacramento.
Councilmember Sullivan reported attending meetings of the Orange County Senior Citizens' Advisory
Council General meeting, two Executive Board meetings and a meeting of the Health and
Nutrition Committee.
Councilmember O'Connell announced his appointment of Tim Mulrenan to the General Plan Advisory
Committee, Lydia DuPont to the Investment Advisory Board, and Nicolina Cuzzacrea to the Community
Services Commission. He also reported attending the League of Cities meeting in Sacramento, as well
as a visit to the Huntington Beach Police Department Academy. He commended Police Chief Hardy for
sending officers to NYC to attend the services for the two slain NYC officers.
Councilmember Posey announced his appointment of Steve Capps to the Public Works Commission,
Jerry Moffett to the Community Services Commission, John Piekarski to the Investment Advisory
Board, and Bob Wentzel to the General Plan Advisory Committee. He also attended the League of
Cities meeting in Sacramento and completed the AB1234 training.
Councilmember Delgleize reported attending the League of Cities meeting in Sacramento, as well as a
Homeless Issues planning meeting locally.
Councilmember Peterson reported attending the League of Cities meeting in Sacramento, as well as
the 4th of July Board.
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 10 of 17
CITY MANAGER'S REPORT
City Manager Fred Wilson reminded Council and the public of a City Council special strategic planning
workshop to be held at the Huntington Central Library on Friday, January 23, at 8:30 a.m.
A motion was made by O'Connell, second Delgleize to move Councilmember Item No. 10
forward for consideration. The motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
NOES: None
Minutes reflect Action in original Agenda order.
CONSENT CALENDAR
1. Approved and adopted minutes
A motion was made by Sullivan, second Katapodis to approve the City Council/Public Financing
Authority regular meeting and 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 dated December 15, 2014, as written and on file in the office of
the City Clerk.
The motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Delgleize, Sullivan, and Peterson
NOES: None
ABSTAIN: Posey
2. Approved Fiscal Year 2013/14 General Fund Year -End Budget Adjustments for
Infrastructure
A motion was made by Sullivan, second Katapodis to approve the appropriation and transfer of
$2,000,000 in the Fiscal Year 2013/14 Revised Budget from the General Fund (Fund 100) to the
Infrastructure Fund (Fund 314) as indicated in Attachment 1; and, approve the expenditure of
$2,000,000 in the Infrastructure Fund (Fund 314) in the Fiscal Year 2014/15 Revised Budget as
indicated in Attachment 1.
The motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
NOES: None
3. Approve additional appropriation for As -Needed General Environmental Engineering and
Plan Check /Fire Inspection Services
A motion was made by Sullivan, second Katapodis to approve an appropriation of $275,000 to the Fire
Prevention business unit (10065201.69365) for professional Environmental Engineering and Plan
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 11 of 17
Check/Fire Inspection services. Funding will be allocated on an incremental basis as needed, based
on development project demands.
The motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
NOES: None
4. Accepted bid and authorized execution of a construction contract with CHI Construction,
Inc. in the amount of $20,808 for the Lake Street Bicycle Treatments and Downtown
Bicycle Parking Project, CC-1468
This item was pulled by Councilmember Delgleize to confirm inclusion of Sunset Beach. Staff
responded that in this particular grant funds were not specifically identified for Sunset Beach, but there
will be an effort to secure funds for Sunset Beach in a future grant.
A motion was made by Delgleize, second Katapodis to accept the lowest responsive and responsible
bid submitted by CHI Construction, Inc. in the amount of $20,808; and, authorize the Mayor and City
Clerk to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
NOES: None
5. Approved and authorized execution of an Affordable Housing Agreement with Olson
Urban - Huntington Beach 2, LLC for the Coastal Walk Development located at 16911
Airport Circle (Airport Circle Residential - Tract 17716)
This item pulled by Councilmember Delgleize to publically applaud the Olson Company for how
conscientious they have been at the work site, keeping the dust down and cleaning the road.
A motion was made by Delgleize, second Katapodis to approve "Agreement Declaring Conditions,
Covenants, and Restrictions for Property (Resale Restrictions)" by and between Olson Urban -
Huntington Beach 2, LLC and the City of Huntington Beach and the Housing Authority of the City of
Huntington Beach; and, authorize the Mayor/Chair and City Clerk/Authority Clerk to execute the
Agreement.
The motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
NOES: None
6. Approved Fiscal Year 2013114 Year -End Budget Adjustments for the Workers'
Compensation Internal Services Fund
A motion was made by Sullivan, second Kadapodis, to approve the appropriation and transfer of
$1,306,675 in the Fiscal Year 2013/14 Revised Budget in the Funds and amounts contained in
Attachment 1 to the Self Insurance Workers' Compensation Internal Services Fund (551).
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 12 of 17
The motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
NOES: None
PUBLIC HEARING
7. Approved Mitigated Negative Declaration No. 14-004/ Conditional Use Permit No. 12-011/
Coastal Development Permit No. 12-007 - Oceanside Properties Mixed Use Building at
122-124 Main Street (east side of Main Street, between Pacific Coast Highway and Walnut
Avenue) - Referred by the Planning Commission
Associate Planner Jill Arabe presented a PowerPoint presentation entitled, Mitigated Negative
Declaration No. 14-004/ Conditional Use Permit No. 12-011/ Coastal Development Permit No. 12-007 -
Oceanside Properties Mixed Use Building — forwarded by Planning Commission to City Council for
Action, that included the following titled slides: Project Location, Project Description, Background and
Analysis, Existing Main Street, Existing with Proposed Project, Analysis, PC Public Hearing, and Staff
Recommendation.
Councilmember Peterson and Planning and Building Director Hess discussed staffs estimate of time to
update the Downtown Specific Plan, should the proposal be approved.
Councilmember O'Connell and staff discussed the project timeline for building permits should it be
approved.
Mayor Hardy opened the public hearing.
City Clerk Joan Flynn announced supplemental communications on Item #7:
Communication dated 11/25/2014, submitted to the Planning Commission by Mary Adams Urashima,
which is re -submitted for Council's review.
Communication entitled 122 Main - Supplemental Research: History, submitted by K. A. Schey, Vice -
Chair, Historic Resources Board.
Duane Wentworth, Historic Resources Board (HRB), discussed the HRB's research on the property in
question, and how 122 Main Street was the original Pacific City Town Hall. He discussed the HRB's
opposition to moving building facades back 6 feet.
Kathie Schey, Historic Resources Board (HRB), discussed the historic significance of 122 Main Street
and the renaming of Huntington Beach (formerly known as Pacific City). She urged Council not to allow
the developer to move the building facades as is currently proposed.
Joseph Santiago, Historic Resources Board (HRB), voiced opposition to moving building facades and
harming the property's cultural heritage. He opined that the value of the building provides a tax break
to its owner in its current form, and also provides the most historical value for the citizens and their
children.
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 13 of 17
Barbara Haynes, Historic Resources Board (HRB), spoke regarding the importance of maintaining
historic properties on Main Street in Huntington Beach.
Gloria Alvarez, former Historic Resources Board member and current member of Huntington Beach -
Preserve Our Past, discussed the importance of retaining the City's historic identity and creating a
historic district in the downtown.
Dan Kalmick, Huntington Beach Planning Commission member, discussed actions taken by the
Commission that were incorporated into today's proposal.
Mary Urashima provided a brief PowerPoint that provided information to support historic significance for
122 Main Street.
Guy Guzzardo, founding member of the Historic Resources Board, and governing board member of the
Historical Society, spoke of 122 Main Street's historic significance and voiced concerns that its historic
properties have not been adequately studied. He distributed photographs of historic homes in
Huntington Beach, including 122 Main Street.
Susan Welfringer, Huntington Beach Downtown Business Improvement District (HBDBID), thanked the
developer for a quality proposal, and announced a list of upcoming events in the downtown.
Jerry Wheeler, Huntington Beach Chamber of Commerce, spoke in support of the proposed project,
and described benefits he expects will be realized should the Council approve the project as proposed.
Joe Daichendt, Pierside Properties, spoke in support of the project and his trust in what the developer
and City Planning staff have proposed for a successful development while maintaining the property's
historic significance.
Dianne Thompson, Huntington Beach Chamber of Commerce, spoke in support of the project and
hopes there will be no further delays.
Jeff Bergsma, Project Applicant and Architect, explained how the developer is confident that the
building facade for 122 Main Street can be preserved and moved without compromising the property's
historic significance.
With no one else present to speak on the item, Mayor Hardy closed the public hearing.
Mayor Hardy asked if the City Council had made an exception for historic setbacks, would it have
changed the proposal for this project. Mr. Bergsma responded that it possibly would.
Councilmember Delgleize asked Mr. Bergsma how the historic significance of the property could be
preserved or acknowledged with a plaque or marker. Mr. Bergsma replied that current state-of-the-art
commemorations are similar to the plaque created for The Golden Bear -- a picture of the original
structure engraved on a bronze plaque with text description of dates and facts.
Councilmember Sullivan asked staff to display photographs depicting the front and back sides of the
Main Street building, and conveyed his opinion that both facades and buildings are in fact original. He
supports preserving the structure as a whole on that site to do justice to the heritage of Huntington
Council/PFA Regular Minutes.
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 14 of 17
Beach. Councilmember O'Connell voiced support for staffs recommendation to approve the project as
presented.
A motion was made by O'Connell, second Delgleize to approve Mitigated Negative Declaration No. 14
004 with findings and mitigation measures; and, approve Conditional Use Permit No. 12-011 and
Coastal Development Permit No. 12-007 with findings and suggested conditions of approval.
Councilmember Peterson shared that most of the Historic Resources Board agrees that it could be a
win -win if the current location for the front of the building is maintained. Realizing that there are other
historical building projects that will be addressed down the road, Councilmember Peterson opined that
the City Council should proceed, if not for this project then for future projects, to get Coastal
Commission amendment approval. This would then place jurisdiction for each project fully with the
City.
Councilmember Posey expressed support for staffs recommendation to approve as presented.
Councilmember Delgleize and Director Hess discussed bringing a Councilmember Item forward to
direct staff action requesting Coastal Commission participation, when the Downtown Specific Plan is
amended, to exempt historic structures from the dedication and set -back requirements.
A substitute motion was made by Peterson, second Sullivan to deny MND 14-004, CUP 12-011, CDP
12-007 with the following findings for denial: a) MND 14-004 is inadequate because the incorporation
of mitigation measures will not avoid or reduce the project's effects to a point where clearly no
significant effect on the environment will occur. The historical buildings are significant to the City's
history and the demolition of the structures cannot be mitigated; and, b) The granting of CUP 12-011
and CDP 12-007 will adversely affect the General Plan. The proposed project is inconsistent with Policy
HCR 3.2.1 to preserve and reuse historically significant structures, where feasible. The historically
significant structure at 122 Main Street is over 100 years old, important to the City's history, and shall
be completely preserved.
Mayor Hardy shared her opinion that previous Council decisions regarding Main Street development
unfortunately did not do enough to preserve the Surf City culture and history. And when the historical
buildings are gone, they are gone.
Councilmember Sullivan and Joseph Santiago discussed the HRB's opinion that the project could be
improved by not requiring the setback and also discussed retrofitting standards for historic structures.
Mayor Pro Tern Katapodis and staff discussed that the current proposal involves change to what exists
behind the building's front facade - the back of the building, while original, will be replaced by a three-
story structure.
Councilmember O'Connell and Mr. Bergsma discussed the financial impact of Peterson's revision to
process a ZTA and LCPA to exempt historic properties from property dedication requirements. Mr.
Bergsma opined that relocation of the building facade will not degrade its historic significance.
Councilmember Sullivan voiced opposition to destroying the back of the building.
Councilmember Peterson and Director Hess discussed that after the Coastal Commission acts, then
the Applicant reapplies at the local level. At the Planning Commission meeting it was not anticipated
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 15 of 17
the number of buildings and how much CEQA would be involved in the review process, whether a
mitigated negative declaration is needed, or EIR required to modify the Downtown Specific Plan -- all
unknowns at the present time.
Mayor Hardy clarified the amended motion.
The substitute motion failed by the following vote:
AYES: Hardy, Sullivan, and Peterson
NOES: Katapodis, O'Connell, Posey, and Delgleize
The original motion was restated by O'Connell, second Delgleize to approve Mitigated Negative
Declaration No. 14-004 with findings and mitigation measures; and, approve Conditional Use Permit
No. 12-011 and Coastal Development Permit No. 12-007 with findings and suggested conditions of
approval.
The motion carried by the following vote:
AYES: Katapodis, O'Connell, Posey, and Delgleize
NOES: Hardy, Sullivan, and Peterson
A motion was made by Hardy, second Peterson to direct staff to process a zoning text amendment and
local coastal program amendment to exempt historic structures from dedication and
improvement requirements in the Downtown Specific Plan District 1.
The motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
NOES: None
A motion was made by Sullivan, second O'Connell to continue with the City Council agenda
after 11:00 PM
The motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
NOES: None
ADMINISTRATIVE ITEMS
8. Adopted Resolution No. 2015-01 approving a promotional program providing two hours
of free parking at The Strand and Main Promenade parking garages for Valentine's Day
A motion was made by O'Connell, second Katapodis to approve Resolution No. 2015-01, "A Resolution
of the City Council of the City of Huntington Beach Authorizing a Promotional Program of Two Hours
Free Parking on February 13, 2015 Through February 16, 2015 at the Main -Promenade Parking
Structure and The Strand Parking Garage" with same day purchase of $10 and Merchant Validation at
Main Promenade Parking Structure and same day $20 purchase and Merchant Validation at The
Strand Parking Garage.
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 16 of 17
The motion carried by the following vote:
AYES: Katapodis, Hardy, O'Connell, Posey, Delgleize, Sullivan, and Peterson
NOES: None
ORDINANCES FOR INTRODUCTION
9. Approved for Introduction Ordinance No. 4044 amending Chapter 2.28 of the Huntington
Beach Municipal Code (HBMC) relating to City Council Compensation
Mayor Hardy, Mayor Pro Tem Katapodis, and Councilmember Sullivan recused themselves from
participating in the discussion, and left the room due to a potential conflict of interest.
A motion was made by O'Connell, second Posey to after the City Clerk reads by title, approve for
introduction Ordinance No. 4044, "An Ordinance of the City of Huntington Beach Amending Chapter
2.28 of the Huntington Beach Municipal Code Relating to City Council" relating to City Council
Compensation by providing salary/benefits at the same level for all City Council Members.
The motion carried by the following vote:
AYES: O'Connell, Posey, Delgleize, and Peterson
NOES: None
10. Approved Item submitted by Councilmember Posey: Single -Use Carryout Bag Ordinance
Councilmember Posey explained reasons behind his request to propose an appeal of the plastic bag
ordinance.
Councilmember O'Connell expressed support for the public's right to vote on the matter.
Councilmember Peterson expressed support for personal freedom and the Constitution, and thanked
Vern Pat Nelson who was working to challenge people to discontinue the use of Styrofoam products.
Councilmember Sullivan voiced concerns about the $.10 bag charge, and the possible presence of
bacteria in unwashed bags.
Councilmember Delgleize recognized students who attended the meeting from Pegasus School, and
she voiced concerns about the construction of the current ordinance, and the importance of personal
responsibility to maintain the environment.
Mayor Pro Tem Katapodis expressed support for repealing the ordinance and allowing voters in the
state of California to make the call on banning plastic bags on the November 2016 ballot.
Mayor Hardy voiced support for the construction of the current ordinance, and expressed her support
for the ordinance to remain in place.
Council/PFA Regular Minutes
and Special Meeting of the Housing Authority Minutes
January 20, 2015
Page 17 of 17
A motion was made by Posey, second O'Connell to direct the City Manager and the City Attorney to
take the necessary steps to repeal Huntington Beach Municipal Code Chapter 5.95 "Single -Use
Carryout Bag Ordinance" with the understanding that repealing the ordinance may require additional
environmental analysis, which could cost approximately $5,000 and take three to four months to
complete.
The motion carried by the following vote:
AYES: Katapodis, O'Connell, Posey, Delgleize, Sullivan, and Peterson
NOES: Hardy
COUNCILMEMBER COMMENTS (Not Agendized) — None.
ADJOURNMENT of the regular meeting of the City Council/Public Financing Authority and the special
meeting of the Housing Authority at 12:16 a.m. on January 21, 2015.
There will be a City Council Special Meeting (Semi -Annual Strategic Planning Session) held on Friday,
January 23, 2015, at 8:30 AM at the Huntington Beach Central Library, Talbert Room, 7111 Talbert
Ave., Huntington Beach, California.
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority
is Monday, February 02, 2015, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington
Beach, California.
Mayor Hardy adjourned the meeting in honor of Bill Hyink, President, Friends of the Junior Lifeguards,
who passed on December 27, 2014, while vacationing with family in Hawaii. The City Council honors
his dedication to both fire service and Junior Lifeguard program by closing the meeting in his memory.
ATTEST:
City C e r f -CI - c etary
City rk and eZ-officio C%Tk of the City
CourTil of the City of Huntington Beach
and Secretary of the Public Financing Authority
and Housing Authority of the City of Huntington
Beach, California
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