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HomeMy WebLinkAbout2015-07-20Minutes City Council/Public Financing Authority City of Huntington Beach Monday, July 20, 2015 5 00 PM — Council Chambers i 6 00 PM - Council Chambers Civic Center, 2000 Main Street j Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk and is archived at www.surfcity-hb.org/government/agendas/ 5:00 PM - COUNCIL CHAMBERS - CLOSED SESSION 6:00 PM - COUNCIL CHAMBERS - REGULAR BUSINESS MEETING CALL TO ORDER - 5:00 PM Pursuant to Resolution No 2001-54, Councilmember O'Connell requested, and was granted, permission to be absent ROLL CALL PRESENT Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson ABSENT O'Connell ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) - None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - None RECESS TO CLOSED SESSION - 5:03 PM A motion was made by Sullivan, second Katapodis to recess to Closed Session The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell Mayor Hardy Announced Pursuant to Government Code § 54957 6, the City Council shall recess into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following Fire Management Association (FMA), Huntington Beach Firefighters' Association (HBFA), Huntington Beach Municipal Employees' Association (MEA), Management Employee's Organization (MEO), Huntington Beach Police Officers' Association (POA), Police Management Association (PMA), Marine Safety Management Association (MSMA), and/or Surf City Lifeguard Employees' Association' (SCLEA) Council/PFA Regular Minutes July 20, 2015 Page 2 of 18 CLOSED SESSION 1 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 Roger Mielke v City of Huntington Beach, et al , Orange County Superior Court Case No 30-2014-00729395 2 Pursuant to Government Code § 54957 6, the City Council recessed into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following Fire Management Association (FMA), Huntington Beach Firefighters' Association (HBFA), Huntington Beach Municipal Employees' Association (MEA), Management Employee's Organization (MEO), Huntington Beach Police Officers' Association (POA), Police Management Association (PMA), Marine Safety Management Association (MSMA), and/or Surf City Lifeguard Employees' Association (SCLEA) 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING - 6:09 PM CLOSED SESSION REPORT BY CITY ATTORNEY - None Pursuant to Resolution No 2001-54, Councilmember O'Connell requested, and was granted, permission to be absent ROLL CALL PRESENT Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson ABSENT O'Connell PLEDGE OF ALLEGIANCE - Led by Councilmember Posey INVOCATION - Led by Charles "Bud" Lung of the First Church Christ Science and member of the Greater 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 and Pat Bril to present the Adoptable Pet of the Month Victoria discussed her affiliation with the Waggin' Trails Rescue Foundation Information on other available pets can be found at www orangecountyhumanesociety com Mayor Hardy called on Fire Chief Patrick McIntosh who presented the Mayor's Award to the Fire Department's Administrative Secretary Laney Belk Chief McIntosh described Ms Belk's duties, experience and team work in the Fire Department, identifying traits such as commitment, stability, creativity and leadership Mayor Hardy called on Chief Tonya Hoover, California State Fire Marshal, who presented Fire Chief Patrick McIntosh his State Fire Chief Certification Council/PFA Regular Minutes July 20, 2015 Page 3 of 18 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 Council agenda packet City Manager's Report ! #1 PowerPoint communication submitted by Janeen Laudenback, Director of Community Services entitled Community Services Department Public Hearing #18 Communication received from Ken Domer, Assistant City Manager and Janeen Laudenback, Director of Community Services, entitled Le Bard Park Options for Overflow Parking #18 Communications received from community members regarding LeBard Park and School Site Land Use Change September Mirghanban, Jason Gradel, Lucy Chou, Ed Kerins, Steve Vasquez, and Scott Dater #18 PowerPoint communication received from the Planning and Building Department entitled LeBard Park and Residential Project #19 PowerPoint communication received from the Planning and Building Department entitled General Plan Amendment 05-001 R, Zoning Map Amendment 05-001 R (Warner Nichols) #20 PowerPoint communication received from the Planning and Building Department entitled Implement AB2188 Creating an Expedited Permitting Process for Small Residential Solar Systems #21 Communications received from the public regarding HUD Consolidated Plan, Annual Action Plan for CDBG, HOME Investment Partnership Programs and the Amended Citizen Participation Plan Can Swan, PJ Garcia, Autumn McCall -Di Giovanni, Sandy Thigpen, and Carol Woodworth #21 Communication received from Ken Domer, Assistant City Manager adding slide 6 to the PowerPoint included in the agenda packet entitled CDBG/HOME Programs #21 Communication received from Ken Domer, Assistant City Manager, dated July 20, 2015, entitled HUD Regulations on Affirmatively Furthenng Fair Housing PUBLIC COMMENTS (3 Minute Time Limit) - 17 speakers (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/) Devin Dwyer was called to speak and thanked Paramedics for their quick response to a recent medical emergency involving his mother He also shared his thoughts in opposition to Item No 24 (pulled from the Agenda by Addendum - hiring of 16 Sworn Police Officers) (00 22 44) ,Nilay Bakshi was called to speak and provided presentation slides that depicted a concept related to incentivizing a reduction in waste collections (00 24 40) Robert Johnson was called to speak and voiced concerns regarding affordable housing in Huntington Beach (00 27 32) Council/PFA Regular Minutes July 20, 2015 Page 4 of 18 Celeste Hamd was called to speak and as Chairman of the Allied Arts Board highlighted up -coming arts and cultural events "On The Wall," at the Downtown Art Center - July 25 to August 29, with a public reception on July 25, Thai Chi classes at the Downtown Art Center, Downtown Art Walk on August 20, and, Huntington Beach Outdoor Concert Band Series in Central Park on Sundays at 5 00 PM (00 30 38) Kurt and Dee Wood were called to speak and Dee, speaking on behalf of herself and her husband Kurt, voiced concerns about the potential closure of the fuel dock in Huntington Harbour (00 33 53) Can Swan was called to speak and requested that Council table Public Hearing Item No 21 - HUD Consolidated Plan, 2015/2016 CDBG and HOME Programs and Amended Citizen Participation Plan (00 34 52) Mark Harrer was called to speak and provided support for Public Hearing Item No 18 - LeBard Park, and provided presentation slides (00 37 57) Bill Larkin was called to speak and voiced concerns about the potential closure of the fuel dock in Huntington Harbour (00 42 06) Robert Webster was called to speak and voiced concerns about the potential closure of the fuel dock in Huntington Harbour (00 45 37) Michael Scafuto was called to speak and voiced concerns about the potential closure of the fuel dock in Huntington Harbour (00 48 01) Andrew Deal was called to speak and voiced concerns about the potential closure of the fuel dock in Huntington Harbour (00 49 40) Greg Howell was called to speak and provided support for Public Hearing No 18 - Le Bard Park (00 51 20) Dennis Hashin was called to speak and voiced concerns regarding the number of vacant police officer positions in the Police Department (00 51 50) Ashley White was called to speak and voiced concerns about the traffic study included in the environmental document for the LeBard Park project (Agenda Item No 18) (00 55 09) Dan Ward was called to speak and voiced concerns regarding the potential closure of the fuel dock in Huntington Harbour (00 58 25) Scott Dater was called to speak and as President of Seaview Little League provided support for Public Hearing Item No 18 - Le Bard Park (00 59 40) Alan Walls was called to speak and provided support for Public Hearing Item, No 18 - Le Bard Park (01 01 20) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING Council/PFA Regular Minutes July 20, 2015 Page 5 of 18 Councilmember Posey announced his appointment of Laura Romero to the Finance Commission, and his attendance at the Association of California Cities-OC Board of Directors Annual Strategic Planning Retreat Mayor Pro Tern Katapodis reported attending the O C Fair Express Service Kick-off Event as a Director for OCTA Councilmember Sullivan reported attending the Independent Cities Association Summer Seminar and the regular meeting of the West Orange County Water Board i Councilmember Delgleize reported attending the Association of California Cities, OC Board of Directors Annual Strategic Planning Retreat Mayor Hardy reported attending the West Orange County Water Board meeting, and announced her appointment of Mark Bixby to the Citizens' Infrastructure Advisory Board and Ken Small to the Finance Commission CITY MANAGER'S REPORT City Manager Fred Wilson announced that he, along with Mayor Hardy and Councilmember Delgleize and other staff members, attended a meeting of the partnership that is currently running the Huntington Harbor fuel dock, in an attempt to consider options to save it He discussed challenges and stated that the City Council is very supportive of the needs of the Huntington Harbor residents City Manager Fred Wilson introduced Janeen Laudenback, Director of Community Services, who made this month's department presentation 1. Community Services Director Janeen Laudenback presented an overview of their Department's mission and various functions, including a PowerPoint presentation entitled, City of Huntington Beach Community Services Department. Director Laudenback shared the Department Overview including their Mission Statement and Three - Year Goals Director Laudenback's report included highlights from the Recreation, Human and Cultural Services as well as Beach Operations, and Facilities, Development and Concessions Divisions City Manager Fred Wilson reported that a page has been added to the City's website in support of the City's transparency efforts This page can be accessed from the home page by selecting "Transparency — Open HB" in the left column The transparency page offers links to information such' as City Budget and Investment Information, Employee Compensation and Pensions Information, PERS, etc CONSENT CALENDAR Councilmember Peterson requested that Consent Item Nos 8 and 9 be pulled for discussion, and that, he be recorded as a "No" vote on Item No 16 Councilmember Posey asked to be recorded as a "No" vote on Item No 16 Council/PFA Regular Minutes July 20, 2015 Page 6 of 18 2. Approved and adopted minutes A motion was made by Katapodis, second Delgleize to review and approve the City Council special meeting minutes dated June 29, 2015, the City Council/Public Financing Authority regular meeting minutes dated July 6, 2015, and the City Council special meeting minutes dated July 13, 2015, as written and on file in the office of the City Clerk The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 3. Received and filed City Clerk's Quarterly listing of Professional Service Contracts filed in the City Clerk's office for contracts executed between January 1, 2015 and March 31, 2015 A motion was made by Katapodis, second Delgleize to receive and file the "List of Professional Service Contracts Approved by Department Heads Pursuant to Huntington Beach Municipal Code Chapter 3 03 and Submitted to the Office of the City Clerk for the Period January 1, 2015 through March 31, 2015 " The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 4. Adopted Resolution No. 2015-32 confirming reports of cost for Weed Abatement on private property within the City - 2015 Season; and, approved and authorized execution of an agreement with the County of Orange for collection of special taxes, fees, charges and assessments A motion was made by Katapodis, second Delgleize to adopt Resolution No 2015-32,"A Resolution Of The City Council Of The City Of Huntington Beach Confirming The Report Of The Public Works Director Regarding The Cost For Weed Abatement On Private Property Within The City For The 2015 Season," and, direct that all charges listed thereon be certified to the 2015/16 Orange County Property Tax Roll, and, authorize the Mayor and City Clerk to execute the "Agreement For Collection of Special Taxes, Fees, Charges and Assessments " The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 5. Approved Annual Report and Fiscal Year 2015-2016 Huntington Beach Downtown Business Improvement District Budget and adopted Resolution No. 2015-33 declaring the City's intention to levy an annual assessment for Fiscal Year 2015-2016 within the Council/PFA Regular Minutes July 20, 2015 Page 7 of 18 Downtown Huntington Beach Business Improvement District (HBDBID); and scheduled a public hearing for August 17, 2015 A motion was made by Katapodis, second Delgleize to adopt Resolution No 2015-33, "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 2015-2016 Within the Huntington Beach Downtown Business Improvement District," including Exhibit A - Huntington Beach Downtown Business Improvement District 2014-2015 Annual Report, Exhibit B - Assessment Schedule, Boundary Map, and List of Businesses to be Assessed, and Exhibit C - Types of Improvements and Activities to be funded by the levy of assessments on businesses within the Business Improvement Area, and, direct the City Clerk to schedule a public hearing to be held on August 17, 2015 and send copies of the Resolution of Intention, including the BID Boundary Map and assessment formula to each business to be assessed, and publish same in a newspaper of general circulation The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 6. Approved Annual Report and Fiscal Year 2015-2016 Huntington Beach Auto Dealers Business Improvement District Budget and adopted Resolution No. 2015-34 declaring the City's intention to levy an annual assessment for Fiscal Year 2015-2016 within the Huntington Beach Auto Dealers Business Improvement District; and scheduled a public hearing for August 17, 2015 A motion was made by Katapodis, second Delgleize to adopt City Council Resolution No 2015-34, "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 2015-2016," including Exhibit A - Auto Dealers BID Annual Report and Exhibit B - Auto Dealers BID Member List, and, direct the City Clerk to schedule a public hearing to be held on August 17, 2015, 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 The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 7. Adopted Resolution No. 2015-35 approving the Certification of Special Assessments for Delinquent Civil Fines for Municipal Code Violations; and, approved and authorized execution of an Agreement with the County for Collection of Special Taxes, Fees, Charges and Assessments R A motion was made by Katapodis, second Delgleize to adopt Resolution No 2015-35, "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments For Collecting Delinquent Civil Fines For Nuisance Violations Of The Municipal Code," and, approve and authorize the Council/PFA Regular Minutes July 20, 2015 Page 8 of 18 Mayor and City Clerk to execute the "Agreement for Collection of Special Taxes, Fees, Charges and Assessments" with the County of Orange The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 8. Adopted Resolution No. 2015-36 authorizing the City to Levy the Annual Retirement Property Tax For Fiscal Year 2015/16 to pay for pre-1978 Employee Retirement Benefit Levels Councilmember Peterson pulled the item for clarification as to what the funds are used for A motion was made by Peterson, second Katapodis to adopt Resolution No 2015-36, "A Resolution of the City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year 2015/2016 to Pay for Pre-1978 Employee Retirement Benefits" of $0 01500 per $100 of assessed valuation The tax rate of $0 01500 would continue the current tax rate included in the Fiscal Year 2014/15 Adopted Budget The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 9. TABLED TO A DATE UNCERTAIN Request to add one additional permanent Community Services and Recreation Specialist position to the Community Services Table of Organization, authorize the appropriation of $91,000; and, increase the current Sunset Vista RV Campground facility daily rate by $10.00 per space by adopting Resolution No. 2015-37 (Supplemental Fee Resolution No. 7) Councilmember Peterson pulled the item for an overview of costs for a permanent Community Services and Recreation Specialist Community Services Director Janeen Laudenback discussed the previous part-time employee transferring into the Fire Department that handled the majority of front desk work for Community Services at the Lifeguard Headquarters, including sales and customer service She described the position stating it would handle special events permits, provide information regarding beach services, and how it plays a leadership role in coordinating delivery of information to the community She referred to a list of camping rates in neighboring cities to show how the proposed increase would compare, and indicated that current camping reservations are at 100% on weekends, and 90% on weekdays Councilmember Peterson stated his opposition to the request, and asked if anyone was interested in moving the item Council/PFA Regular Minutes July 20, 2015 Page 9 of 18 A motion was made by Delgleize, second Hardy to approve the increase of one (1) Community Services and Recreation Specialist position to the Community Services Department Table of Organization and authorize the appropriation of $91,000 into the Community Services Parking/Camping account 10045202 as part of the FY 15/16 budget, and, adopt Resolution No 2015-37, "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No 2009-33 Which Established A Schedule For Charges Of The Community Services Department For Facility Rentals and Recreation Services (Supplemental Fee Resolution No 7)" increasing the Sunset Vista RV Campground facility, daily rate by $10 00 per space Discussion ensued Mayor Pro Tern Katapodis and Director Laudenback discussed how the full-time employee would oversee part-time help, how use of part-time help alone has limited the number of events managed, and how it is important to have a consistent knowledge base when coordinating events with members of Marine Safety, and Parking and Camping Councilmember Delgleize described Huntington Beach as a first class tourism destination that requires top notch service and support, indicating that she will be supporting the staff recommendation She also voiced concerns about restroom conditions at the beach Councilmember Peterson stated support for devoting increased camping fee funds to restroom maintenance, and was not supportive of the salary identified for a full-time position A substitute motion was made by Peterson, second Katapodis to Table item to a date uncertain and have staff come back with other options for staffing and use of additional funds if camping fee is increased The motion carried by the following vote AYES Posey, Katapodis, Sullivan, Delgleize, and Peterson NOES Hardy ABSENT O'Connell 10. Awarded and authorized execution of a Construction Contract in the amount of $531,395.00 to United Engineering & Construction, Inc., for the Water Well No. 5 Pumping Facility Project, CC-1467 A motion was made by Katapodis, second Delgleize to accept the lowest, responsive and responsible bid submitted by United Engineering & Construction, Inc, in the amount of $531,395 00, and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell M 11. Approved and authorized execution of three Professional Services Contracts for On -Call Civil (Ocean) Engineering Services with Anchor QEA, LLC., Moffatt & Nichol, and Noble Consultants, Inc., each in the amount of $350,000 1 Council/PFA Regular Minutes July 20, 2015 Page 10 of 18 A motion was made by Katapodis, second Delgleize to approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Anchor QEA, LLC for On -Call Civil Engineering Services" in the amount of $350,000, and, approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between The City of Huntington Beach and Moffatt & Nichol for On -Call Civil Engineering Services" in the amount of $350,000, and, approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between The City of Huntington Beach and Noble Consultants, Inc for On -Call Civil Engineering Services" in the amount of $350,000 The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 12. Approved and authorized execution of Professional Services Contracts for On -Call Civil (Architectural) Engineering Services with IDS Group, Inc. in the amount of $250,000, Westberg + White, Inc. in the amount of $250,000, and AECOM Technical Services, Inc. in the amount of $650,000 A motion was made by Katapodis, second Delgleize to approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between The City of Huntington Beach and IDS Group, Inc for On -Call Civil Engineering Design Services" in the amount of $250,000, and, approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between The City of Huntington Beach and Westberg + White, Inc for On -Call Civil Engineering Design Services" in the amount of $250,000, and, approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between The City of Huntington Beach and AECOM Technical Services, Inc for On -Call Civil Engineering Services" in the amount of $650,000 The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 13. Approved and authorized execution of assignment of the Professional Services Contract with Mayer Hoffman McCann P.C. for Transient Occupancy Tax and Lease Concession Audit Services to Davis Farr LLP A motion was made by Katapodis, second Delgleize to approve and authorize the Mayor and City Clerk to execute the "Consent to Assignment of Audit Agreement" between the City of Huntington Beach and Mayer Hoffman McCann P C for Transient Occupancy Tax and Lease Concession Audit Services The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell Council/PFA Regular Minutes July 20, 2015 Page 11 of 18 14. Approved and authorized execution of a Lease Agreement with the California State Lands Commission for the Bolsa Chica Water Main Extensions Project, CC-1389, located in the Bolsa Chica Ecological Reserve I A motion was made by Katapodis, second Delgleize to approve and authorize the Mayor and City Clerk to execute "Lease No PRC (W 26784)" agreement between the City of Huntington Beach and the California State Lands Commission for the construction, use, and maintenance of two 8-inch diameter water pipelines, located in the Bolsa Chica Ecological Reserve The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 15. Adopted Ordinance No. 4061 repealing Chapter 17.58 of the Huntington Beach Municipal Code Sections relating to Hazardous Materials, and Ordinance No. 4062 repealing Sections 17.56.600 and 17.56.610 of the Huntington Beach Municipal Code relating to ' Hazardous Materials and amending Section 17.56.220 of Huntington Beach Municipal Code titled Where Required Approved for introduction July 6, 2015 (Vote: 7-0) A motion was made by Katapodis, second Delgleize to adopt Ordinance No 4061, "An Ordinance of� the City of Huntington Beach Repealing Chapter 17 58 of the Huntington Beach Municipal Code Relating to Hazardous Materials," and, adopt Ordinance No 4062, "An Ordinance of the City of Huntington Beach Repealing Sections 17 56 600 and 17 56 610 of the Huntington Beach Municipal Code Relating to Hazardous Materials and Amending Section 17 56 220 of the Huntington Beach Municipal Code Titled Where Required " The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 16. Adopted Ordinance No. 4063 amending Chapter 14.18 of the Huntington Beach Municipal Code relating to the Water Management Program by making the amendments of Emergency Ordinance 4060 permanent Approved for introduction July 6, 2015 (Vote: 5-2 Posey, Peterson - No) A motion was made by Katapodis, second Delgleize to adopt Ordinance No 4063, "An Ordinance of the City of Huntington Beach Amending Chapter 14 18 of the Huntington Beach Municipal Code Relating to Water Management Program " The motion carried by the following vote AYES Katapodis, Hardy, Sullivan, and Delgleize NOES Posey, and Peterson ABSENT O'Connell Council/PFA Regular Minutes July 20, 2015 Page 12 of 18 17. Adopted Ordinance No. 4064 amending Huntington Beach Municipal Code (HBMC) Chapter 10.12 relating to speed limits on 68 street segments Approved for introduction July 6, 2015 (Vote: 7-0) A motion was made by Katapodis, second Delgleize to adopt Ordinance No 4064, "An Ordinance of the City of Huntington Beach Amending Section 10 12 080 of the Huntington Beach Municipal Code Relating to Speed Limits " The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell PUBLIC HEARING 18. Approved Mitigated Negative Declaration No. 12-008, Resolution No. 2015-30 approving General Plan Amendment No. 12-002, and Ordinance No. 4065 approving Zoning Map Amendment No. 12-001 (LeBard Park and School Site Land Use Change to Residential - 20451 Craimer Lane) - (Continued from July 6, 2015 with Public Hearing Closed) City Clerk Flynn reminded Council of supplemental communications received on the item Communication received from Ken Domer, Assistant City Manager and Janeen Laudenback, Director of Community Services, entitled Le Bard Park Options for Overflow Parking Communications received regarding LeBard Park and School Site Land Use Change September Mirghanban, Jason Gradel, Lucy Chou, Ed Kerins, Steve Vasquez, and Scott Dater PowerPoint communication received from the Planning and Building Department entitled LeBard Park and Residential Project Planning Manager Jennifer Villasenor provided a PowerPoint entitled General Plan Amendment No 12-002, Zoning Map Amendment No 12-001, Mitigated Negative Declaration No 12-008 LeBard Park and Residential Project that included the following titled slides Project Site, Request, LeBard Park - Parking Options, and Recommendation Dave Dominguez, Facilities Development and Concessions Manager, discussed parking options within the park area owned by Southern California Edison (SCE), indicating that SCE will allow parking with certain conditions separate license agreement for parking, time limited in five year increments, only overflow or temporary parking allowed, parking cannot be tied to any particular development Mr Dominguez discussed site restrictions and an option to set aside an area for 22 vehicles with turf or decomposed granite surface He indicated that direction from Council would be needed to negotiate a license agreement with SCE for parking Mayor Hardy questioned if unused funds from the School Districts commitment of $607,000 for park improvements could be used for the SCE lot Assistant City Manager Ken Domer explained that use of funds would be contingent on a future purchase and sell agreement Council/PFA Regular Minutes July 20, 2015 Page 13 of 18 Mayor Pro Tem Katapodis thanked staff and stated support for moving forward with a license agreement with SCE for parking Councilmember Peterson and staff discussed including a drop-off zone in the project plans Discussion ensued about conditioning times allowable for construction on Saturdays Planning and � Building Director Hess explained that the Conditional Use Permit (CUP) and Tentative Tract Map (TTM) approved by the Planning Commission included noise conditions that were not part of the appeal being presented to Council However, he did indicate that representatives from the School District were present to hear their concerns Councilmember Sullivan and Director Hess discussed the process for Council to bring forward a recommendation to amend the section of the Municipal Code relating to construction noise on weekends A motion was made by Katapodis, second Delgleize to approve Mitigated Negative Declaration No 12- 008 with findings for approval, and, approve General Plan Amendment No 12-002 by adopting City Council Resolution No 2015-30, "A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No 12-002," and, approve Zoning Map Amendment No 12-001 with findings for approval and approve for introduction Ordinance No 4065, "An Ordinance of the City of Huntington Beach Amending District Map 8 (Sectional Map 8-6-10) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property At LeBard School Located at 20451 Craimer Lane from Public/Semi-Public to Residential Low Density (RL) and Open Space - Park and Recreation (OS -PR) (Zoning Map Amendment No 2012-001) " The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson ! NOES None ABSENT O'Connell ` 19. Adopted Resolution No. 2015-38 approving General Plan Amendment (GPA) No. 05-001 R and approved for introduction Ordinance No. 4066 approving Zoning Map Amendment (ZMA) No. 05-001 R (Warner & Nichols Site - Rainbow Environmental Services) Associate Planner Ricky Ramos provided a PowerPoint entitled General Plan Amendment (GPA) 057 001R, Zoning Map Amendment (ZMA) 05-001R (WarnerMchols), that included the following titled slides Project Site, GPA/ZMA Request, and Staff Recommendation Mayor Hardy opened the public hearing City Clerk Flynn reminded Council of receipt of the following supplemental communication A PowerPoint communication received from the Planning and Building Department entitled General Plan Amendment 05-001 R, Zoning Map Amendment 05-001 R (Warmer Nichols) Mary Urashima was called to speak and voiced support for the item (01 47 37) With no one else present to speak, Mayor Hardy closed the public hearing Council/PFA Regular Minutes July 20, 2015 Page 14 of 18 A motion was made by Katapodis, second Peterson to approve General Plan Amendment No 05-001 R by adopting City Council Resolution No 2015-38, "A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No 05-001 R," and, approve Zoning Map Amendment No 05-001 R with findings for approval and after the City Clerk reads by title, approved for introduction Ordinance No 4066, "An Ordinance of the City of Huntington Beach amending the Huntington Beach Zoning and Subdivision Ordinance by changing the zoning designation from CG (Commercial General) on a +1 1 gross acre portion and IG (General Industrial) on a +3 3 gross acre portion of real property located on the southeast corner of Warner Avenue and Nichols Street back to the previous designation of RM (Residential Medium Density) (Zoning Map Amendment No 05-001 R) " The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 20. CONTINUED CLOSED TO AUGUST 3, 2015, Request to Implement Assembly Bill 2188, Expedited Permit Process for Small Solar Photovoltaic Systems, by approving for introduction Ordinance No. 4067 and adopting Resolution No. 2015-39, and appropriate funding for a full time Building Plan Checker I Building Manager Mark Carnahan provided a PowerPoint entitled Implement AB 2188 Creating an Expedited Permitting Process for Small Residential Solar Systems that included the following titled slides Purpose, Proposed Streamlined Permitting Process, New Permit Fees for Photovoltaic Systems, Proposed Fee Matrix, Proposed Building Plan Checker I, and Recommendations Councilmember Peterson and staff discussed the fully -burdened rate for a Building Plan Checker 1, and how the process is currently being handled by a Building Inspector Director Hess discussed the number of permit plans submitted annually, and what the department expects through the end of 2015, and in 2016 He also reminded Council that in 2010, the department went from 4 to 1 Building Plan Checker 1 Councilmember Posey and Manager Carnahan discussed specialized training associated with the Building Plan Checker 1 position, and what other cities are doing to comply with AB 2188 Councilmember Delgleize voiced concerns about delays for permits Mayor Pro Tern Katapodis, Manager Carnahan and Director Hess discussed ramifications of non- compliance with AB 2188 Mayor Hardy opened the public hearing With no one present to speak, the public hearing was closed A motion was made by Delgleize, second Posey to approve for introduction Ordinance No 4067, "An Ordinance of the City of Huntingto0 Beach Adding Chapter 17 61 to the Huntington Beach Municipal Code Regarding Expedited Permitting Procedures for Small Residential Rooftop Solar Systems," and, adopt Resolution No 2015-39, "A Resolution of the City Council of the City of Huntington Beach Amending the Citywide Development Fee Schedule Established Pursuant to Resolution No 2009-32 and Setting the Building Permit Fee for Photovoltaic (solar) panels (Supplemental Fee Resolution No Council/PFA Regular Minutes July 20, 2015 Page 15 of 18 3)," and, approve the increase of one (1) Building Plan Checker I position to the Planning and Building Department Table of Organization and authorize the appropriation of $125,500 into the Planning and Building - Permit & Plan Check account 10060501 as part of the FY 15/16 budget The motion faded by the following vote AYES Posey, Hardy, and Delgleize NOES Katapodis, Sullivan, and Peterson ABSENT O'Connell A motion was made by Katapodis, second Peterson to continue item to August 3rd for reconsideration The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 21. CONTINUED CLOSED TO AUGUST 3, 2015, Request to approve the 2015/2016-201912020 Housing and Urban Development (HUD) Consolidated Plan, the 2015/2016 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs and the Amended Citizen Participation Plan Kellee Fritzal, Deputy Director of Business Development, provided a PowerPoint presentation entitled City Council Public Hearing CDBG/HOME Programs, 201512016 - 201912020 Consolidated Plan, 201512016 Annual Action Plan, Amended Citizen Participation Plan, that included the following titled slides What is the Consohdated Plan9, Major Components of the Consolidated Plan, 201512016 - 2019-2020 Consolidated Plan Goals, 2015-2016 Annual Action Plan CDBG and HOME Programs, I HUD Allocation, CDBG Allocation Process, CDBG Category Allocations, Final Ruling on Affirmatively' Furthering Fair Housing, CPAB Recommendations, Public Services 15% Maximum of Allocation ($145, 584), Public Improvements, CDBG Administration, Housing, Code Enforcement & Section 108 Loan, 201512016 Allocation HOME, and Next Steps Mayor Hardy opened the public hearing City Clerk Joan Flynn announced supplemental communications that were received by her office following distribution of the Council agenda packet Communications received from the public regarding HUD Consolidated Plan, Annual Action Plan for CDBG, HOME Investment Partnership Programs and the Amended Citizen Participation Plan Can Swan, PJ Garcia, Autumn McCall -Di Giovanni, Sandy Thigpen, and Carol Woodworth Communication received from Ken Domer, Assistant City Manager adding slide 6 to the PowerPoint ! included in the agenda packet entitled CDBG/HOME Programs Communication received from Ken Domer, Assistant City Manager, dated July 20, 2015, entitled HUD Regulations on Affirmatively Furthering Fair Housing Council/PFA Regular Minutes July 20, 2015 Page 16 of 18 Joseph Mastropaulo was called to speak and requested that Council table the item to allow time for full disclosure of HUD requirements (02 17 04) Can Swan was called to speak and voiced her issue with the staff presentation and that they appear to stand behind Affirmatively Furthering Fair Housing (AFFH) and their belief that it will not have future ramifications to zoning She asked for much more research because the HUD ruling is still in formation (02 20 16) With no one else present to speak, Mayor Hardy closed the public hearing Councilmember Peterson shared his concerns that if these funds are used, then HUD may have opportunities to take control of City zoning through the AFFH legislation Councilmember Delgleize questioned the supposed HUD changes, and staff responded that with or without HUD funds, Federal laws about fair housing and HUD could only act if the City is found to have been discriminatory There are no new regulations in the referenced document Staff confirmed that there are no City General Funds used for this program It was further discussed whether the AFFH uses "regional" and/or city -specific criteria in determining "victim groups" as an example of potential future control A motion was made by Delgleize, second Katapodis to continue the item to August 3rd with staff to address concerns raised by Council and the City Manager, and, to specifically address strings attached/conditions with Affirmatively Furthering Fair Housing (AFFH) The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell ADMINISTRATIVE ITEMS 22. Finance Department provided a presentation regarding the FY 2015/2016 Proposed Budget highlights, and presented options for the use of the $3 million Budget Set -Aside Carol Molina -Espinoza, Budget Manager, provided a PowerPoint entitled Fiscal Year 201512016 Proposed Budget, that included the following titled slides FY 201512016 Proposed Budget -"Making It Count, " FY 2015-2016 Proposed Budget, General Fund Highlights, General Fund Overview, General Fund Revenue, General Fund Revenue Summary, General Fund Highlights, Making It Count - Public Safety, Public Safety Highlights, Public Safety, Police Officer Staffing Recap, Public Safety, Quality of Life, Economic & Financial Sustainabdity, General Fund Balance, Challenges and Opportunities, FY 2015116 State Budget, Unfunded Liabilities Overview as of CAFR for 913012014, Funded FTE vs YOY PERS Costs, CalPERS Increases, 8-Year CaIPERS Employer Rate Increases* (All Funds), and FY 2015-16 Proposed Budget Recap M Finance Director Lon Ann Farrell Harrison presented Budget Set -Aside Options, Budget Calendar, and Questions A motion was made by Sullivan, second Delgleize to receive and file the presentation on the FY 2015/16 Proposed Budget Council/PFA Regular Minutes July 20, 2615 Page 17 of 18 The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell 23. Public Works Department presented Proposed Fiscal Year 2015/2016 Capital Improvement Program (CIP) submitted for City Council Review prior to Budget Approval i City Engineer Tom Herbel provided a PowerPoint entitled City of Huntington Beach Public Works Department FY 201512016 Capital Improvement Program (C/P), that included the following titled slides 14/15 Major Accomplishments, Capital Improvement Program, CIP Projects By Category, Funding i Sources, Drainage & Storm Water $3 6M, Facilities $1 8M, Neighborhood $4M, Parks and Beaches $1 1 M, Sewer Improvements $2 8M, Streets & Transportation $11 8M, Water Improvements $4 5M, Unfunded/Deferred Project List, Timeline of Proposed Budget / CIP for FY 201412015, and Maintenance Zones A motion was made by Katapodis, second Delgleize to receive and file the proposed Fiscal Year 2015/2016 Capital Improvement Program (CIP) Budget The motion carried by the following vote AYES Posey, Katapodis, NOES None ABSENT O'Connell COUNCILMEMBER ITEMS Hardy, Sullivan, Delgleize, and Peterson 24. ITEM WITHDRAWN — Prior to final release of the agenda. 25. Approved Item submitted by Councilmember Sullivan Re: Creation of a three -member City Council Ad Hoc Committee to recommend solutions to the dangerous conditions along the cliff path on Pacific Coast Highway from 17th Street to our northernmost parking lot A motion was made by Sullivan, second Hardy to establish a three -member City Council Ad Hoc Committee tasked to evaluate the problem and recommend solutions ' 1e The motion carried by the following vote AYES Posey, Katapodis, NOES None ABSENT O'Connell Hardy, Sullivan, Delgleize, and Peterson Mayor Hardy appointed Councilmembers Posey, Sullivan and Delgleize to the ad hQc committee s A motion was made by Sullivan, second Delgleize to establish a six-month committee,term The motion carried by the following vote Council/PFA Regular Minutes July 20, 2015 Page 18 of 18 AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell A motion was made by Hardy, second Katapodis to appoint Councilmembers Posey, Sullivan and Delgleize as Ad Hoc Committee liaisons The motion carried by the following vote AYES Posey, Katapodis, Hardy, Sullivan, Delgleize, and Peterson NOES None ABSENT O'Connell COUNCILMEMBER COMMENTS (Not Agendized) Mayor Hardy provided a report on the final leg of the Special Olympics Torch Run through Huntington Beach Mayor Hardy also encouraged people to attend the Tuesday night Surf City Nights event for a special welcome for the Australian Special Olympics athletes Councilmember Posey reported attending the Public Television Authority event and took a tour of the site in Carlsbad Mayor Pro Tern Katapodis reported attending the Gibbs Park 20th Anniversary Rededication, and the OC Fair Express Service Kick-off Event The Express Service provides bus transportation to the OC Fair from Gothard/Center (across from Goldenwest College) for $2 and you can get a Fair admittance ticket for $3 Mayor Pro Tern Katapodis also attended the Boy Scout Troop 963 Eagle Scout Court of Honor for Christopher Ho, Marshall Nguyen and Hieu Vo He reported attending the Sunday afternoon Concert in the Park which he enjoyed and highly recommends Mayor Hardy reported attending the Gibbs Park 20th Anniversary Rededication, which was also the 90th birthday for Norma Gibbs, the first female mayor for Huntington Beach ADJOURNMENT - 9 36 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, August 03, 2015, at 4 00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California City CI and ex-officio ClerWif the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California , ATTEST: a City Clerk-S etary