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Home My WebLink About2016-01-19Minutes City Council/Public Financing Authority and Special Meeting of the Successor Agency City of Huntington Beach Tuesday, January 19, 2016 4 00 PM - Council Chambers 6 00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4.00 PM and 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 4.03 PM ROLL CALL Present Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson Absent None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced supplemental communication was received by her office following distribution of the Council Agenda packet PowerPoint communication submitted for Study Session #1 by Director of Public Works, Travis Hopkins, dated January 19, 2016, entitled Interstate 405 Improvement Project PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — None STUDY SESSION 1. 1-405 Improvement Project — Reviewed the Landscape and Aesthetic Treatment Concepts. OCTA team presentation of current concepts for landscaping and design aesthetic treatments for the 1-405 Improvement Project and received feedback from City Council on potential design alternatives to incorporate into the final design guidelines for design/build bidders. City Director of Public Works Travis Hopkins introduced OCTA Program Manager Jeffrey Mills, who presented a PowerPoint entitled Interstate 405 Improvement Project that included the following titled slides Project Location, Project Description, City of Huntington Beach Coordination, Project Corridor Theme Urban Garden, Bridge Aesthetics, Heil Pedestrian Bridge, Community Enhancements, Corridor Retaining Walls, Retaining Wall Art for Huntington Beach, Sound Wall Aesthetics, Sound Wall Transitions, Prototypical Landscape Design, Recent Milestones and Next Steps and Community Outreach Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 2 of 12 Mr Mills and Councilmember Posey discussed actions to prevent graffiti including split -block face walls (offset), fractured texture, stains that spray paint will not adhere to, and, landscaping to limit access to overpasses Mr Mills and Councilmember Hardy expressed support for Waves with Beach Grasses artwork design with modifications to the large wave, and Mayor Katapodis concurred, as did other Council members RECESSED TO CLOSED SESSION FOR ITEMS 2 THROUGH 7 — 4 23 PM Mayor Katapodis Announced Pursuant to Government Code § 54957 6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today's Closed Session discussions regarding labor negotiations with Fire Management Association (FMA), Huntington Beach Firefighters' Association (HBFA), Huntington Beach Municipal Employees' Association (MEA), Management Employees' 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) A motion was made by Hardy, second Delgleize to RECESS TO CLOSED SESSION FOR ITEMS 2 THROUGH? The motion carried by the following vote AYES Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson NOES None CLOSED SESSION 2. 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: Bolsa Chica Land Trust v. City of Huntington Beach, et al., Orange County Superior Court Case No. 30-2010-00398306. This is a CEQA lawsuit regarding the Ridge housing development. - 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: Encompass Insurance Company v. City of Huntington Beach, et al., Orange County Superior Court Case No. 30- 2015-00800707. This is a subrogation lawsuit where Plaintiff claims that a City tree branch fell on its insured's vehicle near the intersection of Bolsa Chica Street and McFadden Avenue. 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: Huntington Shorecliff, LP v. City of Huntington Beach, et al (JS Stadium), Orange County Superior Court Case No. 30-2011-00463995. 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: The Kennedy Commission, et al. v. City of Huntington Beach, Orange County Superior Court Case No. 30- Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 3 of 12 2015-00801675, which concerns a challenge to the City Council action amending the Beach and Edinger Corridors Specific Plan. 6. Pursuant to Government Code §54956.9(d)(2) the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 7. 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 Employees' 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 AND CALLED TO ORDER THE SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH — 6 23 PM CLOSED SESSION REPORT BY CITY ATTORNEY — None ROLL CALL Present Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson Absent None PLEDGE OF ALLEGIANCE — Led by Councilmember Posey INVOCATION — Led by Charles "Bud" Lung from First Church, Christ Scientist and treasurer 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 Katapodis and Councilmember Hardy called on Marina High School Freshman Tatiana Daisy Santana to congratulate her on upcoming participation as a delegate for a three-day Congress of Future Medical Leaders Conference in Boston. Councilmember Hardy recognized Tatiana, a freshman student of hers at Marina High School, whom she described as a top student with an upbeat and friendly attitude Another teacher, Mrs Peterson, shared Tatiana's interest in medicine, specifically anesthesiology, and her non-academic interests as travel and photography Tatiana has played soccer and is currently on the Marina High School volleyball team Because of Tatiana's strong academic record and interest in medicine, she was nominated to participate in this Future Medical Leaders Conference The purpose of this Conference is Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 4 of 12 to honor and inspire our country's top students and cultivate interest in the medical field Attendance at this Conference will provide her with a competitive edge as she pursues her interest in the medical field Mayor Katapodis presented Ms Santana with a certificate of accommodation Mayor Katapodis called on representatives from the Huntington Beach Council on Aging to encourage community support for naming and sponsor opportunities for the Senior Center in Central Park, and to present a donation to the City of Huntington Beach for their naming commitment for the new Senior Center. - Community Services Director Janeen Laudenback introduced Robert Dettloff, President of the Huntington Beach Council on Aging (HBCOA) who discussed the new Senior Center in Central Park and presented a check in the amount of $100,000 to the City to help fund senior activities at the new Center Director Laudenback thanked the Council on Aging for their steadfast support and stated that this generous donation will be publically acknowledged in the grand entrance of the new Senior Center Mayor Katapodis called on members of the Amigos de Bolsa Chica in honor of its 40th Anniversary. Tom Livengood discussed formation of the Amigos de Bolsa Chica and how it has evolved during the past 40 years, using volunteers to successfully advocate for the preservation, restoration and acquisition by the State of the wetlands and its habitat The Amigos will continue to work with the California Department of Fish and Wildlife to educate the public and protect Bolsa Chica wildlife Representatives from Congressman Dana Rohrbacher's Office, State Assemblymember Matthew Harper's Office, Senator Janet Nguyen's Office, California Department of Fish and Wildlife, California State Lands Commission, and City of Huntington Beach each presented recognition of excellence certificates, resolutions, award and letters to Amigos de Bolsa Chica representatives Mayor Katapodis called on Human Resources Director Michele Warren to present the Mayor's Award to Risk Manager, Patti Williams. Director Warren recognized the City's Risk Manager Patti Williams, and shared Ms Williams experience of starting as a part-time employee and moving through various risk management positions before becoming Risk Manager Under Patti's leadership, the Risk Management unit has saved the City half a million dollars in property damage claims' recovery just over the past five years Patti has a number of professional certifications in addition to her Bachelor in Business degree, and is currently President of the Council of Self -Insured Public Agencies (COSIPA) as well as of the Big Independent Cities Excess Pool (BICEP) agency ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Joan L Flynn announced supplemental communication was received by her office following distribution of the Council Agenda packet City Manager's Report, Item #1, PowerPoint communication submitted by Director of Finance, Lori Ann Farrell Harrison, dated January 19, 2016, entitled Finance Department Overview Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 5 of 12 Consent Calendar, Item #6, communication submitted by Director of Finance, Lori Ann Farrell Harrison, dated January 19, 2016, submitting a corrected public hearing date on the staff report and Resolution No 2016-02, naming the public hearing date as March 7, 2016 Ordinances for Introduction, Item #10, a PowerPoint communication was submitted by City Clerk Joan L Flynn entitled Firework Resolution and Ordinance Updates, as well as communication submitted by Susan Welfringer PUBLIC COMMENTS (3 Minute Time Limit) — 13 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 Eileen McCullough, member of the Allied Arts Board, discussed three upcoming events January 21 Film Premier of Guinness World Record Breaking Big Board Event at Shorebreak Hotel, Weekend event at Ocean Blue Art & Design in Pacific City, showcase of Josh Serafin, and on January 23, Centered on the Center, Opening Reception at the Huntington Beach Downtown Arts Center (01 02 55) Ron Mercer, Natunst in the OC, spoke in opposition to Administrative Regulation 704 prohibiting nude swimming in public pools in Huntington Beach (01 04 37) Gregg Gatewood, Naturist in the OC, spoke in opposition to Administrative Regulation 704 prohibiting nude swimming in public pools in Huntington Beach (01 07 31) Rolf Holbach, President, Southern California Naturist Association, spoke in opposition to Administrative Regulation 704 prohibiting nude swimming in public pools in Huntington Beach (01 09 29) Claudia Kellersch, Beaches Foundation, spoke in opposition to Administrative Regulation 704 prohibiting nude swimming in public pools in Huntington Beach (01 12 17) Coleen Baylis, Naturist in the OC, spoke in opposition to Administrative Regulation 704 prohibiting nude swimming in public pools in Huntington Beach (01 15 06) Allen Baylis, Naturist in the OC, spoke in opposition to Administrative Regulation 704 prohibiting nude swimming in public pools in Huntington Beach (01 17 45) Victor Valladares, Oak View Comunidad, spoke in opposition to Consent Item No 9 - adoption of Ordinance No 4079 Amending HBMC Chapter 8 21 related to Refuse Management by aligning with the new State of California mandatory commercial organics recycling statute (01 20 55) Steven Marion voiced concerns about development activity at 101 and 103 Alabama Street in Huntington Beach (01 25 12) Dolores Curry voiced concerns about development activity at 101 and 103 Alabama Street in Huntington Beach (01 28 36) Gina Clayton-Tarvin, President, Ocean View School District Board of Trustees, spoke in opposition to Consent Item No 9 - adoption of Ordinance No 4079 Amending HBMC Chapter 8 21 related to Refuse Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 6 of 12 Management by aligning with the new State of California mandatory commercial organics recycling statute (01 31 44) Miguel Zamudio spoke in opposition to Consent Item No 9 - adoption of Ordinance No 4079 Amending HBMC Chapter 8 21 related to Refuse Management by aligning with the new State of California mandatory commercial organics recycling statute (01 34 09) John Briscoe spoke in opposition to Consent Item No 9 - adoption of Ordinance No 4079 Amending HBMC Chapter 8 21 related to Refuse Management by aligning with the new State of California mandatory commercial organics recycling statute (01 35 16) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING Councilmember Hardy appointed Dr Paul Morrow to the Citizen Participation Advisory Board (CPAB) and also met with members of the Huntington Beach Police Officers' Association (HBPOA) Councilmember O'Connell reported meeting with the HBPOA regarding contracts Mayor Katapodis was sworn in as a Director at Orange County Transportation Authority (OCTA) and also appointed as the Vice Chair of the Finance Committee at OCTA Councilmember Delgleize reported meeting with members of the HBPOA CITY MANAGER'S REPORT 1. Lori Ann Farrell Harrison, Director of Finance, presented an overview of the Finance Department areas of responsibility and services provided to the community. Finance Director Lori Ann Farrell Harrison presented a PowerPoint dated January 19, 2016, entitled Finance Department Overview which contained the following slides Finance Department Achievements, Finance Department Overview, Budget Management Division, Accounting Services, Fiscal Services, Cashienng and Collection Services, Finance Commission, Services to Business and the Community and Questions CITY ATTORNEY'S REPORT 2. Correction to a page in the City/Hilton Purchase and Sale Agreement At the December 21, 2015, City Council meeting, the Council approved Agenda Item No 23 to execute a purchase and sale agreement between the City and the Waterfront Hotel, LLC, for the Hilton Property located at 21100 Pacific Coast Highway For the benefit of the public, it was announced that due to a clerical error, the last page of the agreement, page 24, has since been updated to reflect the correct version of the agreement that had been negotiated between the purchaser and the City The correct version of the contract is attached to the City Attorney's Report with this meeting's Agenda CONSENT CALENDAR Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 7 of 12 Councilmember Peterson pulled Consent Calendar Item #5 and Item #9 3. Approved and adopted minutes A motion was made by Sullivan, second O'Connell to review and adopt the City Council regular meeting and the Housing Authority, Parking Authority and Successor Agency special meeting minutes dated December 21, 2015, as written and on file in the office of the City Clerk The motion carried by the following vote AYES Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson NOES None 4. Approved appropriation of funds for Traffic Signal Improvements A motion was made by Sullivan, second O'Connell to authorize an appropriation of $80,000 from the undesignated AQMD Fund balance to AQMD Account 20185201 82700, and, authorize an appropriation of $120,000 from the undesignated Prop 42 Fund balance to Prop 42 Account 21990422 82700 The motion carried by the following vote AYES Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson NOES None 5. Adopted Resolution Nos. 2016-03, 2016-04, 2016-05 and 2016-06 authorizing the Property Assessed Clean Energy (PACE) Program Councilmember Peterson pulled Consent Calendar Item #5 to share his concern about the Council approving a program that in his opinion is providing a "default" endorsement Also, Councilmember Peterson expressed his understanding that the Veteran's Administration does not accept second position on this type of program and therefore this program is excluding veterans He will not vote in support of this Agenda Item Councilmember Hardy shared that in her opinion this program will be sold in the City whether it is "approved" or not Also, she shared her opinion that approving this program just offers another choice which hopefully will encourage people to investigate their options, and that if this program is not approved, then the City is really endorsing only the one clean energy program that has already been approved Councilmember Posey shared that originally he agreed with Councilmember Peterson's thoughts on this issue, but upon further consideration changed his mind because he is a believer in the free market system where choice is paramount Mayor Pro Tern Sullivan explained his original opposition to this program still stands because in his opinion it does exclude veterans, and he is aware of one senior citizen who did not clearly understand how the program works and now finds himself burdened with a big financial liability that might mean he could lose his home Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 8 of 12 Councilmember Delgleize expressed her opinion that no one is making a decision for homeowners, but this program offers another choice which homeowners can consider, and she will vote in support of this item Mayor Katapodis stated that he also struggled with whether or not to support this item, but in the end feels that it will be beneficial because it will provide another option for people A motion was made by Hardy, second Delgleize to adopt Resolution 2016-03, "A Resolution of the City Council of the City of Huntington Beach Approving Associate Membership by the City in the California Enterprise Development Authority, Authorizing and Directing the Execution of an Associate Membership Agreement Relating to Associate Membership, of the City in the Authority, Authorizing the City to Join the Figtree PACE Program, and Authorizing Related Actions," including Exhibit A, "Associate Membership Agreement By and Between the California Enterprise Development Authority and the City of Huntington Beach" and Exhibit B, "Indemnification Agreement By and Between The City of Huntington Beach and Figtree Company, Inc " and, adopt Resolution 2016-04, "Resolution Authorizing the City Council of the City of Huntington Beach Authorizing the City to Join the CaliforniaFIRST Program, Authorizing the California Statewide Communities Development Authority to Conduct Contractual Assessment Proceedings Within the Incorporated Territory of the City, and Authorizing Related Actions," including "Indemnification Agreement By and Between the City of Huntington Beach and Renewable Funding LLC," and, adopt Resolution 2016-05, "A Resolution of the City Council of the City of Huntington Beach California Consenting to Inclusion of Properties Within the City's Jurisdiction in the California Home Finance Authority Community Facilities District No 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto," including Exhibit A, "California Home Finance Authority" and Exhibit B, "Indemnification and Insurance Agreement By and Between the City of Huntington Beach and Ygrene Energy Fund CA, LLC," and, adopt Resolution 2016-06, "A Resolution of the City Council of the City of Huntington Beach California, Consenting to Inclusion of Properties Within the City's Jurisdiction in the California Home Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto," including Exhibit A, "California Home Finance Authority," and, authorize the Mayor, City Clerk and City Manager to execute all appropriate documents in furtherance of Resolution Nos 2016-03, 2016-04, 2016-05 and 2016-06 The motion carried by the following vote AYES Posey, O'Connell, Katapodis, Hardy, and Delgleize NOES Sullivan, and Peterson 6. Adopted City Council Resolution No. 2016-02 as amended declaring its intention to consider an Amendment to the Rate and Method for City of Huntington Beach Community Facilities District (CFD) No. 2000-1 (Grand Coast Resort/Hyatt) and scheduling a public hearing for February 22, 2016 A motion was made by Sullivan, second O'Connell to Adopt Resolution No 2016-02, "Resolution of the City Council of the City of Huntington Beach Acting as the Legislative Body of City of Huntington Beach Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 9 of 12 Community Facilities District No 2000-1 (Grand Coast Resort) Declaring its Intention to Consider an Amendment to the Rate and Method of Apportionment of Special Tax," as amended to hold Public Hearing on March 7, 2016 The motion carried by the following vote AYES Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson NOES None 7. Adopted Successor Agency Resolutions Nos. 2016-01 and 2016-02 approving the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for the Huntington Beach Successor Agency for the period of July 1, 2016, through June 30, 2017, in accordance with Health and Safety Code Section 34177 and related actions A motion was made by Sullivan, second O'Connell to adopt Resolution No 2016-01, "A Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the Recognized Obligation Payment Schedule for the Period July 1, 2016 - June 30, 2017 ("ROPS 16-17)," and, adopt Resolution No 2016-02, "A Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the Successor Agency Administrative Budget for the Period July 1, 2016 Through June 30, 2017 " The motion carried by the following vote AYES Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson NOES None 8. Approved and authorized execution of the Third Amendment to the Agreement to Jointly Deliver the 2010-2012 Orange County Cities Energy Efficiency Partnership Program by and between Southern California Gas Company (SCG) and the City of Costa Mesa, the City of Fountain Valley, the City of Huntington Beach, the City of Westminster, and the City of Newport Beach A motion was made by Sullivan, second O'Connell to approve and authorize the Mayor and City Manager to execute the Third Amendment to the Agreement to Jointly Deliver the 2010-2012 Orange County Cities Energy Efficiency Partnership Program by and between Southern California Gas Company and the City of Costa Mesa, the City of Fountain Valley, the City of Huntington Beach, the City of Westminster, and the City of Newport Beach, and, authorize the City Manager to execute any subsequent documents approved as to form by the City Attorney to advance, manage, or complete Energy Leader Partnership activities The motion carried by the following vote AYES Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson NOES None 9. Return for Introduction amended version of Ordinance No. 4079 amending Chapter 8.21 of the Huntington Beach Municipal Code (HBMC) related to Refuse Management by aligning Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 10 of 12 with the new State of California mandatory commercial organics recycling statute. Approved for introduction December 21, 2015, Vote: 6-0-1 (O'Connell -Absent) Councilmember Peterson expressed several of his concerns He would like to see clarification on the State's statute regarding the specific businesses this statute applies to, and how commercial organics is to be recycled, because as he reads the State's statute it talks about the affected business arranging for this service whether it is handled on -site, taken to a dump themselves or they hire out for the service The City's ordinance states that the City disposes of all refuse collected, but the State statute appears to provide options By passing this ordinance is the City removing the options that are available in the State statute? In Councilmember Peterson's opinion the ordinance language needs to be changed so it is not so ambiguous Director of Public Works, Travis Hopkins, stated that this ordinance was written to be interpreted that businesses that meet the thresholds and threshold dates which are required by State law to have a program to handle their organic wastes definitely have a choice in how to meet the State requirements The City's intention is, if this ordinance passes, to work with Rainbow to provide an acceptable food organics program that meets the State requirements, as currently the AQMD would not allow Rainbow to set up this program on their current site and they would have to deliver food organics to another location The current City franchise agreement allows any business to haul their own refuse, or use the services of the company that is contracted to handle refuse Councilmember Delgleize and Director Hopkins discussed that if a business chooses to self haul that option includes selecting where to haul their refuse within Orange County Councilmember Hardy and Director Hopkins discussed that the City's refuse franchise agreement does prohibit a new business coming in to just handle food organics Currently each City business has the option to contract with Rainbow for their refuse collection and pay Rainbow for the services received, or self -haul their refuse to a site and pay the fees the selected site charges Regarding the City's responsibility to enforce the State's new regulations, the City would have to put a program in place for enforcement In response to Councilmember Peterson's question as to whether the amount of food organic waste is self determined, Director Hess stated that part of the program that is to be developed includes having the City's waste hauler do assessments to determine which businesses meet the large threshold of 8 cubic yards Councilmember O'Connell and Director Hess discussed that it will most likely be a very small percentage of City businesses that will actually meet the threshold of 8 cubic yards Large grocery stores, golf courses or restaurants might meet the threshold Director Hess explained for Council that the franchise agreement for refuse has an evergreen contract with Rainbow This means that there is an 15-yr contract that continues until the City chooses to call that contract Councilmember Hardy and City Attorney Gates discussed language changes to meet Councilmembers' concerns which may require a new reading, all depending upon how the motion is made Councilmember O'Connell and Director Hess discussed that AQMD enforces their rules, and City staff would work with Rainbow to identify appropriate locations for the food organics refuse Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 11 of 12 A motion was made by Peterson, second Posey to send back to the City Attorney to clarify what businesses and what date ranges are required to comply with State Code, with request for legal review by the City Attorney of the Rainbow Environmental Franchise Agreement to see if it's possible for other recyclers/haulers to haul organic waste to facilities other than Rainbow The motion carried as amended by the following vote AYES Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson NOES None ORDINANCES FOR INTRODUCTION 10. Approved for introduction Ordinance No. 4077 amending Huntington Beach Municipal Code (HBMC) Section 5.90 - Fireworks; and, adopt Resolution No. 2016-01 to better define the categories of High Schools, Youth Sports, and Civic Organizations City Clerk Joan L Flynn presented her PowerPoint communication entitled FIrework Resolution and Ordinance Updates She confirmed that the City's Risk Management and Fire Departments, the City Attorney, and fireworks wholesalers had all reviewed and approved these updates Councilmember Peterson thanked City Clerk Flynn for her efforts on this program, and confirmed that one intent was to remove the burden of managing this program from the City Clerk's and City Manager's offices, therefore the three current 4th of July Liaisons who will make lottery approval decisions are Councilmembers Peterson, Posey and Sullivan as stated by City Clerk Flynn There may be a need to tweak the program a bit more after seeing how these changes work Councilmember Posey echoed the comment of Councilmember Peterson that this is a living process that may very well change again next year Councilmember Sullivan stated that it was a unanimous decision to make these recommended changes Mayor'Katapodis also thanked City Clerk Flynn for putting in the time and hard work to kick off this program and helping totrecommend these changes k, A motion was made by Peterson, second,Delgleize to approve for Introduction, after the Clerk reads by title, Ordinance No 4077, "An Ordinance of the City Council of the City of Huntington Beach Amending Sections 5 90 070 and 5 90 080 of the Huntington Beach Municipal Code Relating to Fireworks," and, adopt Resolution No 2016-01, "A Resolution of the City Council of the City of Huntington Beach Revising and Restating Resolution No 2015-04 Related to Implementing Charter Section 805 and Municipal Code Chapter 5 90 Regarding Safe and Sane Fireworks " A The motion carried by the following vote , AYES v `Pdsey,,O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson, NOES None Council/PFA Regular Meeting and Special Meeting of the Successor Agency Minutes January 19, 2016 Page 12 of 12 COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Posey shared that he had a great time participating in the Pegasus School Kids/Interviews program by showing them Council Chambers and his office He also participated in the Huntington Beach Chamber of Commerce Ribbon Cutting for Cars Emancipating Mothers From Abuse (CEMFA) CEMFA seeks to link up victims of domestic violence with transportation Councilmember Hardy reported attending the Energy Network - Peer -to -Peer Workshop, an opportunity for municipalities to share ideas for saving energy and money, which the City of Huntington Beach hosted Councilmember Delgleize publically acknowledged the passing of Mary Ellen Houseal and her community leadership, especially through her efforts in starting Amigos de Bolsa Chica Mayor Katapodis wished City Manager Fred Wilson a Happy Birthdays He reported attending the "Surf City Splash" Breakfast and Registration @ Zak's Pier Plaza and doing the countdown for those participating in the Splash He also gave a State of the City address at the Chamber of Commerce AM Connect Breakfast He attended the Girl Scouts Silver Award Ceremony at St Wilfrid's Episcopal Church where 26 Girl Scouts were honored He also attended the Huntington Beach Chamber of Commerce Ribbon Cutting for Cars Emancipating Mothers From Abuse (CEMFA) ADJOURNMENT — 8 35 PM Mayor Katapodis reminded Councilmembers of the Strategic Planning Meeting on January 28, 2016, 8 00 AM at Central Library In memory of Mary Ellen Houseal, Founder and Former President of Amigos de Bolsa Chica, an employee of the Public Defender's Office, member of the League of California Voters, and a member of the Huntington Harbour Yacht Club, this meeting was adjourned to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, February 1, 2016, at 4 00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California City Cler and ex-officio Cyrk of the City Council 15f the City of Huntington Beach and Secretary of the Public Financing Authority and Successor Agency of the City of Huntington Beach, California ATTEST: City Clerk- cretary M y' Orbcft it