In accordance with the Americans with Disabilities Act the following services are available to members of our community who require special assistance to participate in City Council and Redevelopment Agency meetings. If you require, American Sign Language interpreters, a reader during the meeting, and/or large print agendas, to make arrangements, please call: Office of the City Clerk (714) 536-5227. To make arrangements for an assisted listening system (ALD) for the hearing impaired, please contact: the Sergeant at Arms (714) 536-5693 or the City Clerk (714) 536-5227.
AGENDA
CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
MONDAY- JULY 2, 2007
5:00 P.M. – Room B-7 – Reception Honoring Anjo, Japan Delegation Celebrating 25 years of Sister City Friendship and the Student Ambassadors from Waitakere, New Zealand and Anjo, Japan
6:00 P.M. – Council Chambers – Regular Business Meeting
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Call City Council/Redevelopment Agency Meeting to Order
Roll Call Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
Pursuant to the Brown (Open Meetings) Act the City Clerk Announces Late Communications Received by Her Office Which Pertain to Items on the Study Session and Closed Session Portion of the Agenda
(1) The Brown (Open Meetings) Act requires that copies of late communications submitted by City Councilmembers or City Departments are to be made available to the public at the City Council meeting. (2) Late communications submitted by members of the public are to be made available to the public at the City Clerk’s Office the morning after the Council meeting. (Late Communications are communications regarding agenda items that have been received by the City Clerk’s Office following distribution of the agenda packet.)
Public Comments Regarding 4:00 P.M. Portion of Council Meeting for Study Session and Closed Session Agenda Items
PowerPoint presentation titled H Item Fee Waiver Report for Residential Remodeling is included in the agenda packet.
(City Council/Redevelopment Agency) Study Session #2 – A Discussion on Requests by City Councilmembers for the Fiscal Year 2007/2008 Budget.
5:00 P.M. – Recess
Reception in Room B-7 Honoring Anjo, Japan Delegation Celebrating 25 Years of Sister City Friendship and the Student Ambassadors from Waitakere, New Zealand and Anjo, Japan
6:00 P.M. – Council Chambers
Reconvene City Council/Redevelopment Agency Meeting
Roll Call Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
Pledge of Allegiance/Flag Salute – To be announced by Mayor Coerper
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.
Invocation – To be announced by Mayor Coerper
Hello and welcome to the Huntington Beach City Council meeting. If you would like to address the Council, please fill out the pink public comment sheet attached to the agenda. After completing the form, hand it to the Sergeant at Arms and he will give it to the City Clerk. As a courtesy to those in attendance, I would ask that cellphones and pagers be turned off or set in their silent mode. Thank you.
Pursuant to the Brown (Open Meetings) Act the City Clerk Announces Late Communications Received by Her Office Which Pertain to Items on the Agenda
(1) The Brown (Open Meetings) Act requires that copies of late communications submitted by City Councilmembers or City Departments are to be made available to the public at the City Council meeting. (2) Late communications submitted by members of the public are to be made available to the public at the City Clerk’s Office the morning after the Council meeting. (Late Communications are communications regarding agenda items that have been received by the City Clerk’s office following distribution of the agenda packet.)
Presentation – Mayor Coerper to call the Huntington Beach Downtown Business Improvement District President Steve Daniel to present a check to Fourth of July Board Chair Pat Stier.
Mayor’s Award – Mayor Coerper to call on Fire Chief Duane Olson to present the Mayor’s Award to Fire Marshal Jacques Pelletier.
Presentation – Mayor Coerper to call on Carmen Erber from the Sister City Association of Huntington Beach to introduce student Ambassadors from Anjo, Japan, Waitakere, New Zealand and Huntington Beach for a special performance by Ambassadors of Anjo and Waitakere.
This is the time of the meeting for the Council to receive comments from the public regarding items of interest or agenda items OTHER than Public Hearings. Generally, Council will not enter into a dialogue during this period.
Pursuant to the Brown (Open Meeting) Act, the City Council may not discuss items unless they are on our agenda. So if you are speaking on an item not on the agenda, we cannot discuss the issue with you at this meeting. However, if you wish to meet with any of us please call the Council's Secretary at 714-536-5553. Thank you for taking the time to come to the council meeting to address the Council. Councilmembers strive to treat members of the public with respect, and we ask that you also express your concerns and opinions in a civil and respectful manner.
Each speaker is allowed 3 minutes and time may not be donated to others. No action can be taken by Council/Agency on this date unless the item is agendized.
Complete the attached pink form and give to the Sergeant at Arms (the Police Officer located near the speakers’ podium).
C-1. Council Committee/Appointments/Liaison Reports and All AB 1234 Disclosure Reporting
(This is the opportunity for Councilmembers to make announcements regarding Council committees, appointments or liaison reports and all individuals as appropriate to disclose any conferences, training, seminars, etc. attended at the agency’s expense, per Government Code §53232.3 (d))
C-2. City Administrator’s Report
C-3. City Treasurer’s Report
Communication from City Treasurer Shari L. Freidenrich transmitting the Monthly Investment Report and Summary of Investments for April 2007.
Recommended Action: Motion to: Review and accept the Monthly Investment Report. Following review of the report, by motion of Council, accept the Monthly Investment Report entitled Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for April 2007, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.
PowerPoint presentation titled April Treasurer’s Report is included in the agenda packet.
C-4. City Attorney’s Report of Litigation Filed
C-5. City Clerk’s Report
C-5a. (City Council) The City Clerk to Provide an Update on the Passport Acceptance Facility
The Mayor will Recess the City Council/Redevelopment Agency Regular Meeting and Convene the Huntington Beach Civic Improvement Corporation Meeting.
Regular Meeting of the Huntington Beach Civic Improvement Corporation
Call the Regular Meeting of the Huntington Beach Civic Improvement Corporation to Order.
Roll Call of the Huntington Beach Civic Improvement Corporation Members
Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
Election of Officers – Motion to: Elect Gil Coerper, President of the Civic Improvement Corporation; Debbie Cook, Vice President of the Civic Improvement Corporation and Joan L. Flynn, Secretary of the Civic Improvement Corporation.
Approve Civic Improvement Corporation Minutes – Motion to: Approve and adopt the minutes of the July 3, 2006 Regular Meeting of the Civic Improvement Corporation as written and on file in the Office of the Secretary. Submitted by the Secretary.
Adjourn the Huntington Beach Civic Improvement Corporation Meeting.
The Mayor Will Adjourn the Huntington Beach Civic Improvement Corporation Meeting and Reconvene the City Council/Redevelopment Agency Regular Meeting.
Anyone wishing to speak on an OPEN public hearing item is requested to complete the attached pink form and give it to the Sergeant at Arms located near the Speaker’s Podium.
Communication from the Director of Development/Deputy Executive Director transmitting the following
Statement of Issue:
The Agency is being asked to approve the Second Implementation Agreement to the Owner Participation Agreement (OPA) by and between the Redevelopment Agency of the City of Huntington Beach and Bella Terra Associates, LLC. The Second Implementation Agreement amends the OPA regarding the payment of the Agency’s obligation to BellaTerra Associates of $15,000,000 in Feasibility Gap Payments for the construction, rehabilitation and renovation of the Huntington Center (Bella Terra.)
The City Council of the City of Huntington Beach (“City”) and the Redevelopment Agency of the City of Huntington Beach (“Agency”) will conduct a joint public hearing on June 18, 2007 at 6:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 2000 Main Street Huntington Beach, California 92648, pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), for the purpose of considering the modification to the executed Owner Participation Agreement for the Bella Terra retail center formerly known as Huntington Center. The proposed Second Implementation Amendment to the Owner Participation Agreement modifies the repayment structure for certain public improvements that were installed and constructed by the developer of the project.
A summary containing the following information is available for public inspection and copying during regular office hours at the offices of the City Clerk at 2000 Main Street Huntington Beach, California 92648:
- An identification of the proposed modifications to the executed Owner Participation Agreement;
- Estimates of the amount of tax increment proposed to be used to pay for the installation and construction of the identified public improvements; and
- The redevelopment purpose for which tax increment is being used to pay for the installation and construction.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk written evidence for or against the application as outlined above. If you challenge the City Council/Agency’s action in court, you may be limited to raising only those issues that you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions, please call Stanley Smalewitz, Director of Economic Development, at (714) 536-5542. Direct your written communication to: Joan L. Flynn, City Clerk, City of Huntington Beach, 2000 Main Street – Second Floor, Huntington Beach, CA 92648.
- Staff report
- City Council discussion
- Open public hearing
- Following public input, close public hearing
Redevelopment Agency Recommended Action: Motion to:
- Adopt Resolution No. 368, “A Resolution of the Redevelopment Agency of the City of Huntington Beach, California, Approving and Making Certain Findings Pursuant to Health and Safety Code Section 33433 for a Second Implementation Agreement to Owner Participation Agreement Between the Redevelopment Agency of the City of Huntington Beach and Bella Terra Associates”
and
- Approve the Second Implementation Agreement to Owner Participation Agreement by and Between the Redevelopment Agency of the City of Huntington Beach and Bella Terra Associates, LLC, and authorize the Agency Chairman and Agency Clerk to execute the agreement.
City Council Recommended Action: Motion to:
Adopt Resolution No. 2007-37, “A Resolution of the City Council of the City of Huntington Beach, California, Approving and Making Certain Findings Pursuant to Health and Safety Code Section 33433 for a Second Implementation Agreement to Owner Participation Agreement Between the Redevelopment Agency of the City of Huntington Beach and Bella Terra Associates.”
All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council/Redevelopment Agency) Approve Minutes - Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of June 18, 2007 as written and on file in the Office of the City Clerk. Submitted by the City Clerk.
E-2. (City Council) Adopt Resolution No. 2007-38 to Establish the Annual Appropriation Limit of the Proceeds From Taxes in the Amount of $565,300,579 for Fiscal Year 2007/2008, Pursuant to Article 13B of the State of California Constitution (Gann Appropriation Limit) – Adopt Resolution No. 2007-38, “A Resolution of the City Council of the City of Huntington Beach Establishing the Appropriation Limit for Fiscal Year 2007-2008” of $565,300,579. Submitted by the Director of Finance. Funding Source: Not applicable.
E-3. (City Council) Receive and File the Mobile Home Advisory Board (MHAB) Annual Summary Report for the Years of 2005 and 2006 – Receive and file the Mobile Home Advisory Board (MHAB) Summary Report for the years 2005 and 2006. Submitted by the Director of Economic Development. Funding Source: Not applicable.
E-4. (City Council) Adopt Resolution No. 2007-39 Approving a Side Letter to the Memorandum of Understanding (MOU) Between the City of Huntington Beach and the Municipal Employees’ Association (MEA) Regarding Unit Modification to Include all Non-Exempt, Non-Associated Classifications and Extend the Term of the MOU from June 30, 2007 to September 30, 2007 – Approve Resolution No. 2007-39, “A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Municipal Employees’ Association, by Adopting the Side Letter of Agreement (Regarding Unit Modification and Extension of MOU.) Submitted by the Deputy City Administrator. Funding Source: The total cost to implement the unit modification is $30,520 for a 12-month period. The cost is $6,358 for the remainder of Fiscal Year 2006/2007.
E-5. (City Council) Approve the Appointment Process as Recommended by Staff and the Historic Resources Board (HRB) for the Selection of a City Historian – 1) Approve the five recommendations of the Historic Resources Board concerning the appointment of a City Historian; and 2) Direct the City Clerk to participate with the Council liaisons on the selection committee for the City Historian. Submitted by the City Clerk and the Director of Community Services. Funding Source: Not applicable.
E-6. (City Council) Accept a U. S. Department of Housing and Urban Development (HUD) Grant Award and Authorize Expenditure in the Amount of $99,000 for the Planning and Design Phase of the New Seniors’ Center – 1) Accept the grant award of $99,000 from the U. S. Department of Housing and Urban Development (HUD) for the planning and design phase of the new Seniors’ Center; and 2) Authorize expenditure of $99,000 from account 20945101, for drawdown reimbursement from HUD. Submitted by the Director of Community Services. Funding Source: New grant revenue not anticipated in Fiscal Year 2006/2007 budget.
E-7. (City Council) Approve and Authorize the Mayor and City Clerk to Execute a Five-Year Lease Agreement Between the City of Huntington Beach and Robinwood Little League, Inc. for the Rental of Baseball Fields and Related Improvements at Marina Community Park – Approve and authorize the Mayor and City Clerk to execute the Lease Between the City of Huntington Beach and Robinwood Little League for the Rental of Baseball Fields and Related Improvements at Marina Community Park. Submitted by the Director of Community Services and the Director of Economic Development. Funding Source: Not applicable.
E-8. (City Council) Adopt Resolution No. 2007-40 Approving the Memorandum of Understanding (MOU) Between the City and the Huntington Beach Surf City Lifeguard Employees’ Association (SCLEA) Covering the Period January 1, 2007 through September 30, 2008 – Adopt Resolution No. 2007-40,“A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Surf City Lifeguard Employees’ Association (SCLEA) and the City of Huntington Beach for the Term of January 1, 2007, Through September 30, 2008.” Submitted by the Deputy City Administrator. Funding Source: Funding was included in the Fiscal Year 2006/2007 budget and will be included in the Fiscal Year 2007/2008 and Fiscal Year 2008/2009 budgets. The cost to implement the SCLEA Memorandum of Understanding in Fiscal Year 2006/2007 is $41,066; $46,641 in Fiscal Year 2007/2008; and, $1,349 in Fiscal Year 2008/2009. Total estimated cost of this Memorandum of Understanding for a twenty-one month term is $89,056.
Communication from Councilmember Jill Hardy, Chair on behalf of Intergovernmental Relations Committee Members Councilmember Don Hansen and Councilmember Keith Bohr transmitting the following
Statement of Issue: Approve a City Council position as recommended by the City Council Intergovernmental Relations Committee (IRC) on legislation pending before a federal, state, or regional government, thereby authorizing the Mayor to communicate the City’s position to the elected members of the federal or state legislature, or regional body.
Funding Source: Not Applicable
Recommended Action: Motion to:
- SUPPORT – HR 2447 (Turner) The Energy and Environment Block Grant as Introduced
- SUPPORT – AB 258 (Krekorian) Local Coastal Program – Nonpoint Source Pollution
- ADOPT RESOLUTION NO. 2007-41, “A Resolution of the City Council of the City of Huntington Beach Supporting the State of California Budget Allocation of Proposition 1B funds in 2007-08,” in Support of an Appropriation of $1 Billion in Proposition 1B Funds out of the 2007-08 California State Budget to Fund Local Street and Road Repairs
- SUPPORT – SCA 12 (Torlakson) Local Government, Property Related Fees – Stormwater, Drainage Water Approval Requirements as amended on 6/18/07
- SUPPORT – AB 1597 (Solorio) Counties Sheriff’s Duties, Coastline, Harbors, and Inland Waterways – as amended on 5/29/07, with the condition that it be amended to remove “coastlines” from the enforcement authority of the Orange County Sheriff
- REMOVE CITY’S POSITION ON AB 1355 (Houston) FORMERLY Counties Sheriff’s Duties, Coastline, Harbors, and Inland Waterways NOW Sheriff’s – Persons who commit a public offense
G-1. Ordinance for Adoption
Approved for Introduction June 18, 2007
Recommended Action: After the City Clerk reads by title, Adopt Ordinance No.3770, “An Ordinance of the City of Huntington Beach Amending Title 2 of the Huntington Beach Municipal Code by Amending and Deleting Various Chapters and Sections Thereof” by roll call vote.
G-2. Ordinances for Introduction
Communication submitted by the Director of Economic Development/Deputy Executive Director transmitting the following
Statement of Issue:
The City Council is asked to adopt an ordinance regarding the Redevelopment Agency’s existing program for the use of eminent domain in the Merged Project Area. The Agency is also asked to execute and record the Revised Plan Statement pursuant to Health and Safety Code Section 33373 (SB 1809.)
Recommended Action:
- After City Clerk reads by title, Approve Introduction of Ordinance No. 3771, “An Ordinance of the City Council of the City of Huntington Beach, California, Describing the Redevelopment Agency of the City of Huntington Beach’s Program to Acquire Property Within the Huntington Beach Redevelopment Project (or also known as Merged Project) Area by Eminent Domain” by roll call vote.
and
- Authorize the Chairperson and Agency Clerk to execute and record the Revised Plan Statement, Huntington Beach Redevelopment Project (or also known as Merged Project) Area Statement, pursuant to Health and Safety Code Section 33373 (SB 1809.)
Communication submitted by the Director of Economic Development/Deputy Executive Director transmitting the following
Statement of Issue:
The City Council is asked to adopt an ordinance regarding the Redevelopment Agency’s existing program for the use of eminent domain in the Southeast Coastal Project Area. The Agency is also asked to execute and record the Revised Plan Statement pursuant to Health and Safety Code Section 33373 (SB 1809.)
Recommended Action:
- After City Clerk reads by title, Approve Introduction of Ordinance No. 3772, “An Ordinance of the City Council of the City of Huntington Beach, California, Describing the Redevelopment Agency of the City of Huntington Beach’s Program to Acquire Property Within the Southeast Coastal Redevelopment Project Area by Eminent Domain” by roll call vote.
and
- Authorize the Chairperson and Agency Clerk to execute and record the Revised Plan Statement, Southeast Coastal Redevelopment Project Area Statement, pursuant to Health and Safety Code Section 33373 (SB 1809.)
Council Comments – (Not Agendized)
At this time Councilmembers may report on items not specifically described on the agenda which are of interest to the community. No action or discussion may be taken except to provide staff direction to report back or to place the item on a future agenda.
Call Closed Session of City Council/Redevelopment AgencyRecommended Action: Motion to recess to Closed Session on the following items:
(City Council) Closed Session – Pursuant to Government Code Section 54957.6, the City Council shall recess to Closed Session to meet with its designated labor negotiators: Penelope Culbreth-Graft, City Administrator; Bob Hall, Deputy City Administrator; Dan Villella, Finance Director; and Renee Mayne, Chief Negotiator, regarding labor negotiations with the following employee organizations: MEA, HBFA, SCLEA, and Non-Associated.
Reconvene City Council/Redevelopment Agency Meeting
The City Attorney Shall Determine If Any Actions Taken By The City Council or Redevelopment Agency In Closed Session Shall Require A Reporting On Those Actions As Required By Law (Government Code §54957.1(a) (3) (B)).
Council Adjournment to an Adjourned Regular Meeting on Monday, July 9, 2007, at 6:30 p.m., in Council Chambers, 2000 Main Street, Huntington Beach, California.
The next regularly scheduled meeting will be Monday, July 16, 2007 at 4:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City of Huntington Beach
2000 Main Street - Second Floor
Huntington Beach, California 92648