HomeMy WebLinkAbout2016-09-19City of Huntington Beach
Monday, September 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.surfcLt endas/
Based on the limited time needed to cover items in Study Session and Closed Session, the meeting was
called to order at 4:30 PM.
4:30 PM - COUNCIL CHAMBERS
CALL TO ORDER — 4:31 PM
BOLL CALL
Pursuant to Resolution No. 2001-54, Councilmember Sullivan requested, and was granted, permission to
be absent.
Present: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
Absent: Sullivan
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communication that was received by her office following distribution of the Council agenda packet:
Study Session No. 1. A PowerPoint presentation submitted by Antonia Graham, Assistant to the City
Manager, dated September 2016, entitled Broadband Strategic Plan — City of Huntington Beach,
California.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) Speakers — 1
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.
Dan Kalmick was called to speak and as a small business owner shared his opinion regarding lack of
broadband for businesses in the City of Huntington Beach and asked staff to continue moving this item
forward. (00:00:55)
Council/PFA Regular Minutes
September 19, 2016
Page 2 of 10
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recommendations1. Presentation on the findings and ...
Technologystudy by CTC Energy
City Manager Fred Wilson introduced Mr. Thomas Asp, Principal Analyst, CTC Technology & Energy,
who made a PowerPoint presentation entitled Broadband Strategic Plan, that included the following titled
slides: Project Background, City's Objectives, Target Economic Focus Areas, Gaps in Broadband
Service Availability, Broadband Deployment Objectives & Challenges, Common Goal Alignment,
Interactions Between Objectives, Broadband Deployment Objectives & Challenges, Recommendations,
Business Model A, Business Model B, Questions and Contact Information.
Councilmember Peterson and Mr. Asp discussed existing and additional fiber to business parks (not to
every lot), and that businesses are looking for more than DSL service. The City is looking at expanding
fiber for traffic signals, some of which could be leased. A "Dig -Once" ordinance would increase
efficiencies and reduce costs for all of the different constructions.
Councilmember Delgleize and Mr. Asp discussed that a "Dig -Once" ordinance was not within this scope,
and confirmed that the electrical poles previously purchased by the City could be used by wireless and
small cell providers. They also discussed that providing the broadband fiber "tool" would assist with
bringing businesses and additional revenue to the City of Huntington Beach.
Councilmember O'Connell and Mr. Asp discussed how the study did not address project costs and
benefits (including financial) to the city as a whole.
Councilmember Hardy stated that in her opinion good internet access is crucial for businesses and
residents and she will support moving forward with a "Dig Once" ordinance and the RFI/RFP for a
Broadband Strategic Plan.
Councilmember Delgleize concurred with all the ideas and recommendations of the other
Councilmembers and supports asking staff to look into the project further.
Mayor Katapodis requested that staff look at what the City of Santa Clarita and other California cities
similar to the City of Huntington Beach have done in regard to broadband.
Councilmember O'Connell requested that staff review the projected benefits for like -sized cities in
California.
Councilmember Peterson requested staff to make sure to look at other California cities that rent dark
fiber to the types of businesses that exist in Huntington Beach. Mr. Asp suggested that the City also look
at cities with the types of businesses Huntington Beach would like to attract.
Councilmember Posey stated his opinion that comparable as well as non -comparable cities should be
studied in order to embrace the technology that is here, and stated his support for going forward and
doing more investigation.
A motion was made by Delgleize, second O'Connell to recess to Closed Session for Item 2.
Council/PFA Regular Minutes
September 19, 2016
Page 3 of 10
With no objections, the motion carried.
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: Estela Miranda
vs. City of Huntington Beach, WCAB Case No. ADJ8599833; Claim No. COHB-12-0242.
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:02 PM
ROLL CALL
Pursuant to Resolution No. 2001-54, Councilmember Sullivan requested, and was granted permission to
be absent.
Present: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
Absent: None
CLOSED SESSION REPORT BY CITY ATTORNEY — None
PLEDGE OF ALLEGIANCE — Led by Councilmember Hardy
INVOCATION — Led by Penny Nichols of the Church of Jesus Christ of the Latter Day Saints 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.
ROLL CALL
Present: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
Absent: Sullivan
AWARDS AND PRESENTATIONS
Mayor Katapodis called on Victoria Alberty who presented the Adoptable Pet of the Month. The German
Shepherd Rescue of Orange County (gsrcoc.net), brought Bonnie and Clyde, approximately 4-month old
puppies found in a land fill, probably a Labrador/Shepherd mix.
Mayor Katapodis called on Fire Chief David Segura to present a proclamation for National Disaster
Preparedness Month. Chief Segura shared some suggestions and resources so that residents and the
community can be prepared for an emergency situation.
Mayor Katapodis called on Police Chief Robert Handy to present the Mayor's Award to Ron Davis,
Facilities Maintenance Crew Leader. Mr. Davis, a 6-year employee, manages the maintenance for all of
the Police Department facilities. Ron is one of 128 Huntington Beach Police Department civilian
Council/PFA Regular Minutes
September 19, 2016
Page 4 of 10
employees who support the Department. He willingly comes out, even in the middle of the night if
necessary, to respond to maintenance issues in the 40-year old Police Department building, the Sub -
Stations, the Heliport, and the Search and Rescue facility. He is always looking for quicker and cheaper
ways to maintain and repair these facilities. Chief Handy shared the Department's appreciation for the
great service provided by Mr. Davis.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) —
None
PUBLIC COMMENTS (3 Minute Time Limit) — 7 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.
Penny Patino was called to speak and shared her opinions about the unsightly and odorous trash
dumpsters at 11th and Pacific Coast Highway, and the unnecessary noise from operation of beach
equipment during the night. Mayor Katapodis asked her to complete a blue follow-up card. (01:01:34)
Spencer Hagaman, Ocean View High School Associated Student Body Vice President, was called to
speak and invited City Council and the community to support the school's Pink -Out game to help fight
breast cancer on Thursday, September 22, at 7 p.m. (01:04:43)
Mike Whitaker, joined by Tonya, was called to speak and shared details for the 2nd Annual Veterans
Honor Ride, a motorcycle charity ride on November 6, leaving the Huntington Beach Pier at 10 a.m.
There will also be a community motorcycle and car wash on Sunday, September 25, at the corner of
Edinger and Magnolia at the 7-11 gas station. (01:05:48)
Chuck Johnson was called to speak and shared his opinions about Gina Clayton-Tarvin, candidate for
Ocean View School District Trustee. (01:08:04)
Chris Epting was called to speak and shared concerns about receiving what he described as threatening
social media comments in response to his voiced opinions about Gina Clayton-Tarvin, candidate for
Ocean View District Trustee. (01:09:50)
Kathryn Gonzalez was called to speak and declared her candidacy as a candidate for Ocean View
School District Trustee. She described herself as fiscally conservative, and asked for votes. (01:13:04)
Norm Westwell was called to speak and declared his candidacy for Ocean View School District Trustee,
and asked for votes. (01:13:55)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Hardy announced that as a Liaison to the Environmental Board, she wanted the
community to be aware of the Student Art Contest. Details can be found at the City's
website/Environmental Board, or email hbartcontest@gmail.com. She also announced the HB Reads
One Book Program has selected The Hotel on the Corner of Bitter and Sweet by Jamie Ford for this
year's community -wide program. The author will come and speak to high school students and the
community next March. Further details can be found at hbreads.org.
Council/PFA Regular Minutes
September 19, 2016
Page 5 of 10
Mayor Katapodis reported attending the Orange County Transit Authority (OCTA) Legislative meeting
and the Orange County Sanitation District (OCSD) Administration meeting.
CITY MANAGER'S REPORT
City Manager Fred Wilson provided an update on the success of the Coastal Cleanup Day events held
on Saturday, September 17 at City Beach and Central Park. About 40 volunteers at Central Park picked
up about 700 lbs. of trash. There were about 250 volunteers cleaning up the beachside of Pacific Coast
Highway who picked up over 900 lbs. of trash. He also thanked the Police Department for assembling
Recruits at Central Park on Sunday, September 18 to continue with the cleanup efforts, Public Works
staff and volunteers for their efforts in a successful event.
CONSENT CALENDAR
Councilmember Delgleize pulled Item No, 7 for further discussion.
City of Huntington Beach Strategic Plan Updates
A motion was made by O'Connell, second Posey to receive and file the Six -Month Strategic Objectives
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
NOES: None
ABSENT: Sullivan
2. Approved appointments to the Children's Needs Task Force (CNTF) as recommended by
City Council liaisons Delgleize and O'Connell
A motion was made by O'Connell, second Posey to approve the reappointments of student
representatives Erika Augenstein and Daryn Nguyen to a third one-year term of September 1, 2016, to
August 31, 2017; and, approve the reappointment of student Dawit Habteab to a second one-year term
of September 1, 2016, to June 30, 2017; and, accept the resignation of Marlene Mcllroy and approve the
appointment of adult representative Jennifer Kinkel to fill the partial term of September 1, 2013, to August
31, 2017; and, approve the appointment of adult representatives Michelle Edelson, Meagan Kinsey,
Steven McCloskey, and Deborah Reisdorph to a first four-year term of September 1, 2015, to August 31,
2019.
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
NOES: None
ABSENT: Sullivan
3. Adopted Resolution No. 2016-44 amending the City's Conflict of Interest Code Biennial
Review
A motion was made by O'Connell, second Posey to adopt Resolution No. 2016-44, "A Resolution of the
City Council of the City of Huntington Beach Amending Its Conflict of Interest Code."
Council/PFA Regular Minutes
September 19, 2016
Page 6 of 10
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
NOES: None
ABSENT: Sullivan
4. Adopted Resolution No. 2016-64 Approving the Application for Grant Funds from the
Habitat Conservation Fund Program
A motion was made by O'Connell, second Posey to adopt Resolution No. 2016-64, "A Resolution of the
City Council of the City of Huntington Beach Approving the Application for Grant Funds from the Habitat
Conservation Fund Program."
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
NOES: None
ABSENT: Sullivan
5. Approved Subdivision Agreement and Bonds for Final Tract Map No. 17930 for the
Newland Condominium Subdivision by The Olson Company located on the west side of
Newland Street, approximately 220 feet south of Slater Avenue
A motion was made by O'Connell, second Posey to approve and authorize the Mayor and City Clerk to
execute the Subdivision Agreement by and between the City of Huntington Beach and Olson —
Huntington Beach 3, LLC for Tract Map No. 17930, accept security bonds, and instruct the City Clerk to
file the following security bonds with the City Treasurer:
a) Faithful Performance Bond number PB03010402994; and
b) Labor and Material Bond number PB03010402994; and
c) Monument Bond number PB030104029
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
NOES: None
ABSENT: Sullivan
6. Approved a New Lease Agreement between the City of Huntington Beach and Ruby's
Huntington Beach LTD for Operation of the Ruby's Huntington Beach Pier Restaurant
A motion was made by O'Connell, second Posey to approve "Lease between the City of Huntington
Beach and Ruby's Huntington Beach, LTD., for Operation of a Restaurant on the Huntington Beach
Pier;" and, authorize the Mayor and City Clerk to execute the Lease Agreement and other related
documents.
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
Council/PFA Regular Minutes
September 19, 2016
Page 7 of 10
NOES: None
ABSENT: Sullivan
7. Approved and authorized execution of a Promotional Agreement with Toyota Motor Sales
USA, Inc. for provision of vehicles for Marine Safety and Beach Operations
Councilmember Delgleize congratulated Toyota Motor Sales of USA for their contributions to the
community.
Councilmember Peterson confirmed that other dealers are not excluded from participating in City
sponsored events.
A motion was made by Delgleize, second O'Connell to approve and authorize the Mayor and City Clerk
to execute the "Promotional Agreement Between the City of Huntington Beach and Toyota Motor Sales,
Inc." for the provision of 19 vehicles at no cost to the City for two years, with two (2), 2-year options for
use by the Marine Safety Division of the Fire Department and the Beach Operations Division of the
Community Services Department.
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
NOES: None
ABSENT: Sullivan
8. Approved and authorized execution of the Implementation of a Tenant -Based Rental
Assistance (TBRA) Program between the City and Mercy House, approved an
appropriation of funding for the program, and approved budget adjustments to various
HOME budgets
A motion was made by O'Connell, second Posey to approve and authorize the City Manager and City
Clerk to execute a two-year "HOME Recipient Agreement Between the City of Huntington Beach and
Mercy House" for the implementation of a Tenant -Based Rental Assistance (TBRA) program and
approve the budget adjustments for the amounts indicated above to reconcile the various HOME federal
grant funds; and authorize the City Manager to sign all necessary documents to effectuate the
Agreement with Mercy House, any future minor amendments to contract, and/or US Department of
Housing and Urban Development (HUD) documents, as approved to form by the City Attorney.
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
NOES: None
ABSENT: Sullivan
9. Approved and Authorized Professional Services Contract Between the City and Enterprise
Technology Services, LLC in the amount of $160,000 for JD Edwards Business Process
Discovery, Gap Analysis and As Needed Support Services
Council/PFA Regular Minutes
September 19, 2016
Page 8 of 10
A motion was made by O'Connell, second Posey to approve and authorize the Mayor and City Clerk to
execute "Professional Services Contract between the City and Enterprise Technology Services, LLC for
JD Edwards Business Process Discovery, Gap Analysis and As Needed Support Services."
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
NOES: None
ABSENT: Sullivan
10. Adopted Ordinance Nos. 4089, 4090, 4091, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099,
4100, 4101, 4102 and 4103 - Zoning Text Amendment No. 16-001 (Huntington Beach Zoning
and Subdivision Ordinance Department Name Change)
Approved for introduction September 6, 2016 - Vote: 6-0-1 (Delgleize out of room)
A motion was made by O'Connell, second Posey to approve Zoning Text Amendment No. 16-001 by
adopting Ordinance Nos.: Ordinance No. 4089, "An Ordinance of the City Council of the City of
Huntington Beach Amending Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance
Titled Definitions to Amend the Definition of Director (Zoning Text Amendment No. 16-001);" and,
Ordinance No, 4090, "An Ordinance of the City Council of the City of Huntington Beach Amending
Section 210.16 of the Huntington Beach Zoning and Subdivision Ordinance Titled Residential Districts
(Zoning Text Amendment No. 16-001);" and, Ordinance No. 4091, "An Ordinance of the City Council of
the City of Huntington Beach Amending Section 211.04(Q) and Section 211.08 of the Huntington Beach
Zoning and Subdivision Ordinance Titled C Commercial District (Zoning Text Amendment No. 16-001);"
and, Ordinance No. 4092, "An Ordinance of the City Council of the City of Huntington Beach Amending
Sections 212.04 L-11 C, 212.04 L-12(L), 212.04 L-12(S) and 212.08 of the Huntington Beach Zoning and
Subdivision Ordinance Titled I Industrial Districts (Zoning Text Amendment No. 16-001);" and, Ordinance
No. 4093, "An Ordinance of the City Council of the City of Huntington Beach Amending Section 213.10 of
the Huntington Beach Zoning and Subdivision Ordinance Titled OS Open Space District (Zoning Text
Amendment No. 16-001);" and, Ordinance No. 4094, "An Ordinance of the City Council of the City of
Huntington Beach Amending Section 218.02, 218.04(H) and 218.12 of the Huntington Beach Zoning and
Subdivision Ordinance Titled M Mixed Use - Transit Center District (Zoning Text Amendment No. 16-
001);" and, Ordinance No. 4095, "An Ordinance of the City Council of the City of Huntington Beach
Amending Section 222.10D of the Huntington Beach Zoning and Subdivision Ordinance Titled FP
Floodplain Overlay District (FP1, FP2, FP3) (Zoning Text Amendment No. 16-001);" and, Ordinance No.
4096, "An Ordinance of the City Council of the City of Huntington Beach Amending Sections 230.10D,
230.22D, 230.46A7, 230.46C10, 230.52J, 230.94, 230.96E1 of the Huntington Beach Zoning and
Subdivision Ordinance Titled Site Standards (Zoning Text Amendment No. 16-001);" and, Ordinance No.
4097, "An Ordinance of the City Council of the City of Huntington Beach Amending Section 233.04 of the
Huntington Beach Zoning and Subdivision Ordinance Titled Signs (Zoning Text Amendment No. 16-
001);" and, Ordinance No. 4098, "An Ordinance of the City Council of the City of Huntington Beach
Amending Section 241.24 of the Huntington Beach Zoning and Subdivision Ordinance Titled Conditional
Use Permits and Variances — Temporary Use Permits — Waiver of Development Standards (Zoning
Text Amendment No. 16-001);" and, Ordinance No. 4099, "An Ordinance of the City Council of the City
of Huntington Beach Amending Section 245.32 of the Huntington Beach Zoning and Subdivision
Ordinance Titled Coastal Development Permit (Zoning Text Amendment No. 16-001);" and, Ordinance
No. 4100, "An Ordinance of the City Council of the City of Huntington Beach Amending Section 246.04 of
the Huntington Beach Zoning and Subdivision Ordinance Titled Development Agreements (Zoning Text
Amendment No. 16-001);" and, Ordinance No. 4101, "An Ordinance of the City Council of the City of
Council/PFA Regular Minutes
September 19, 2016
Page 9 of 10
Huntington Beach Amending Section 250.12F of the Huntington Beach Zoning and Subdivision
Ordinance Titled General Provisions (Zoning Text Amendment No. 16-001);" and, Ordinance No. 4102,
"An Ordinance of the City Council of the City of Huntington Beach Amending Section 257.08 of the
Huntington Beach Zoning and Subdivision Ordinance Titled Mergers (Zoning Text Amendment No. 16-
001);" and, Ordinance No. 4103, "An Ordinance of the City Council of the City of Huntington Beach
Amending Section 214.10 of the Huntington Beach Zoning and Subdivision Ordinance Titled PS Public -
Semipublic District (Zoning Text Amendment No. 16-001)."
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
NOES: None
ABSENT: Sullivan
11. Adopted Ordinance No. 4105 amending Section 2.76.010 of the Huntington Beach
Municipal Code (HBMC) to add Deputy Community Prosecutor; and authorized
Employment Contract
Approved for introduction September 6, 2016 - Vote: 7-0
A motion was made by O'Connell, second Posey to adopt Ordinance No. 4105, "An Ordinance of the
City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section
2.76.010 Thereof Related to Exclusions from Competitive Service."
The motion carried by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, and Peterson
NOES: None
ABSENT: Sullivan
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Peterson reported attending the Patriots' Day Memorial Event at City Hall, the American
Legion Patriots' Day Memorial Event at Pier Plaza, and the Grand Reopening Celebration at Lake View
Elementary School and Classroom Tour to Observe the STEAM Experience in Action.
Councilmember Hardy thanked both Police and Fire Departments for the 9/11 Memorial at City Hall, and
the American Legion for hosting the Patriots' Day Memorial at Pier Plaza. She also attended the 28th
Annual Senior Saturday Community Festival at Pier Plaza, and thanked the organizations that
participated as well at Community Services staff.
Councilmember O'Connell reported attending the Orange County Taxpayers Association Roses &
Radishes event, the Patriots' Day Memorial Event at City Hall and thanked the Police and Fire
Departments as well as the committee members who spent years on this project. He also reported
attending the American Legion Patriots' Day Memorial Event at Pier Plaza, the 50th Anniversary of
Golden West's Opening Day, the Annual Pacific Islander Festival at Central Library Park, Huntington
Beach Police Department Open House, Meet Local Olympians at Pier Plaza, Huntington Beach
Chamber of Commerce AM Connect meeting and thanked local businesses for being an important part
of the revenue stream for the services provided by the City, and the Global Award for Justice event at the
Island Hotel in Newport Beach.
Council/PFA Regular Minutes
September 19, 2016
Page 10 of 10
Councilmember Posey reported attending the Orange County Taxpayers Association Roses and
Radishes event, Patriots' Day Memorial Event at City Hall, and Surf City Days at various Downtown
locations.
Councilmember Delgleize reported attending the Annual Blessing of the Waves at Pier Plaza, and the
Patriots' Day Memorial Event at City Hall. She thanked everyone who had a part in the creation of the
9/11 Memorial and selecting the perfect location.
Mayor Katapodis reported attending the Orange County Taxpayers Association Roses and Radishes
event, the 28th Annual Senior Saturday Community Festival at Pier Plaza, the American Legion Patriots'
Day Memorial Event at Pier Plaza, Graduation Ceremony for Goldenwest College Police Academy, and
the Patriots' Day Memorial Event at City Hall. It was five years of team effort to completion and special
thanks were extended to Dennis Hashin and Mary Lou Shattuck.
ADJOURNMENT — At 6:45 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, October 3, 2016, at 4:00 PM in the Civic Center Council
Chambers, 2000 Main Street, Huntington Beach, California.
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City Clerk qnd ex-officio Clerk of the City
Council of the City of Huntington Beach
and Secretary of the Public Financing Authority
of the City of Huntington Beach, California
ATTEST:
City Clerk -Secretary .i►' �,