AGENDA
CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH

Monday – MARCH 17, 2008

4:00 P.M. - Room B-8                                                            
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648

4:00 P.M. – Room B-8

Call City Council/Redevelopment Agency Meeting to Order

Roll Call         Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio

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

(City Council/Redevelopment Agency)  Study Session – Report of the Campaign Contribution Sub-Committee

**PowerPoint presentation titled Campaign Contribution Reform is included in the agenda packet.

Call Closed Session of City Council/Redevelopment Agency

Recommended Action: Motion to recess to Closed Session on the following items:

(City Council)  Closed Session – Pursuant to Government Code Section 54956.9, the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit:  John Van Dyke v. City of Huntington Beach; WCAB Case Nos. AHM 0039741, AHM 0049129, AHM 213640, and AHM 0052925; Claim Nos. COHB 87-0158 and COHB 83-1856. 

(City Council)  Closed Session – Pursuant to Government Code Section 54957, the City Council shall recess to Closed Session to discuss the following personnel matter:  Subject:  Recruitment of City Administrator

(City Council)  Closed Session – Pursuant to Government Code Section 54956.8, the City Council shall recess to Closed Session to give instructions concerning price and terms of payment to the City's Negotiator, Deputy City Administrator Bob Hall, Regarding negotiations with the Huntington Beach City School District for the purchase of up to 10.12 acres of real property located at 20451 Craimer Lane.

6:00 P.M. – Council Chambers

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)).

Roll Call         Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio

Pledge of Allegiance/Flag Salute – To be announced by Mayor Cook

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 Cook

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 Cook to call on City Clerk Joan Flynn to accept a proclamation for National Sunshine Week – March 16 -22, 2008.

Presentation – Mayor Cook to call on representatives from Mothers Against Drunk Driving – Sandy Gutierrez and Tracy Miller – and Police Chief Ken Small,  to present commendations to Huntington Beach Police Officers.

Mayor’s Award – Mayor Debbie Cook to call on Information Service Director Jack Marshall to present the Mayor’s Award to Project Manager Colleen Keith.

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))

Lists of the conferences, training, seminars, and other activities generally attended by the City Council, City Administrator, City Attorney, City Clerk, and City Treasurer are included as appendices to the City Budget on pages 321 through 325.  The budget is available on the city’s website at www.surfcity-hb.org.  Exceptions to these lists have been submitted as a report to the City Clerk for inclusion in the record of this meeting.

C-2.     City Administrator’s Report

C-3.     City Treasurer’s Report

C-3a. (City Council)  Review and Accept Shari L. Freidenrich, City Treasurer’s January 2008 Investment Summary Report Titled City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for January 2008  

Communication from City Treasurer Shari L. Freidenrich transmitting the Monthly Investment Report and Summary of Investments for January 2008.

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 January 2008, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.

PowerPoint presentation titled January Treasurer’s Report is included in the agenda packet.

D-1.   (City Council/Redevelopment Agency)  Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing to Consider Adoption of Resolution No. 2008-21 Approving the Issuance of Multifamily Housing Revenue Bonds in a Principal Amount Not to Exceed Ten Million Dollars ($10,000,000) by the California Statewide Communities Development Authority to Assist in Financing the Acquisition and Rehabilitation of a 48-unit Multifamily Rental Housing Development Commonly Known as the Pacific Court Apartments Located at 2200-2222 Delaware Street in the City of Huntington Beach; Approve Pre-Commitment of HOME funds in an Amount Not to Exceed $500,000, Authorize the Interim City Administrator to Execute Documents; and, Direct Staff to Prepare an Owner Participation Agreement (OPA)

Communication from the Deputy Executive Director/Director of Economic Development transmitting the following

Statement of Issue:  The City Council is asked to approve the Resolution authorizing issuance of Bonds and the Agency Board is asked to approve a pre-commitment of Federal HOME Investment Partnership Funds and Redevelopment Housing Set Aside funds for the acquisition and rehabilitation of Pacific Court Apartments located at 2200-2222 Delaware Street.

NOTICE IS HEREBY GIVEN that the City Council of the City of Huntington Beach (the "City"), at its regular meeting on March 17, 2008 will hold a public hearing and consider approval of the issuance by the California Statewide Communities Development Authority (the “Issuer”) of multifamily housing revenue bonds (the "Bonds") in a principal amount not to exceed Ten Million Dollars ($10,000,000) to assist in the financing of the acquisition and rehabilitation of a 48-unit
multifamily rental housing development commonly known as the Pacific Court Apartments located at 2200 Delaware Street in the City of Huntington Beach, California (the “Project”). 

The owner of the Project is Pacific Court Apartments, LP, a California limited partnership established by Orange Housing Development Corporation, a California nonprofit corporation, or another affiliate of Orange Housing Development Corporation.

The Bonds will not constitute an indebtedness or obligation, or a pledge of the faith and credit of, the Issuer or the City.  The Bonds are special, limited obligations of the Issuer, payable solely from the revenues of the Project. 

Those wishing to comment on the issuance of the Bonds or the nature and location of the Project may either appear in person at the public hearing or submit written comments, which must be received by the City prior to the hearing. Written comments should be sent to the City of Huntington Beach, 2000 Main Street, Huntington Beach, Ca. 92648, Attention: City Clerk.  The hearing will commence at 6:00 p.m. and will be held in the Council Chambers, 2000 Main Street, Huntington Beach, California. If you have any questions regarding this matter, please call Terrence Murphy of the California Statewide Communities Development Authority, at (925) 933-9229.

1. Staff report
2. City Council discussion
3. Open public hearing
4. Following public input, close public hearing

City Council Recommended Action:  Motion to:

1. Open the TEFRA public hearing, take testimony, and close the public hearing on the proposed issuance of Multifamily Housing Revenue Bonds
2. Adopt Resolution No. 2008-21, “Resolution of the City Council of the City of Huntington Beach Approving the Issuance of Bonds by the California Statewide Communities Development Authority Relating to the Financing of the Pacific Court Apartments”
3. Approve a pre-commitment of HOME funds in an amount not to exceed $500,000, authorize the Interim City Administrator to execute documents confirming this commitment, and direct staff to move forward with the preparation of an Owner Participation Agreement (OPA) that will delineate the specific terms of the financial assistance to be provided for the Pacific Court Apartments.

Redevelopment Agency Recommended Action:  Motion to:

• Approve a pre-commitment of Redevelopment Agency funds in an amount not to exceed $8.8 million, authorize the Executive Director to execute documents confirming this commitment, and direct staff to move forward with the preparation of an Owner Participation Agreement (OPA) that will delineate the specific terms of the financial assistance to be provided for the Pacific Court Apartments.

 

E-1.    (City Council/Redevelopment Agency)  Approve Minutes  –  Motion to:  Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of March 3, 2008 as written and on file in the Office of the City Clerk.  Submitted by the City Clerk.

E-2.    (City Council)  Accept Additional Grant Funding in the Amount of $176,815 from the State of California 2000 Park Bond Act (Proposition 12) Per Capita Program for Completion of the Tot Lot Replacement Project (CS08-006)  –  Motion to:  Accept additional grant funding in the amount of $176,815 from the State of California 2000 Park Bond Act for completion of the Tot Lot Replacement Project (CS 08-006.)  Submitted by the Director of Community Services. Funding Source:  State of California 2000 Park Bond Act; Park Acquisition and Development Fund, Tot Lot Replacement Project, Account #20945101.

E-3.    (City Council)  Adopt Resolution No. 2008-19 Approving the Application for Grant Funds Under the California River Parkways Grant Program Under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) to be Used to Construct an Americans with Disabilities Act (ADA) Access Ramp from Le Bard Park to the Santa Ana River Pathway for the Orange Coast River Park (OCRP) Master Plan  –  Motion to:  Adopt Resolution No. 2008-19, “A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds Under the California River Parkways Grant Program Under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50.)  Submitted by the Director of Community Services.  Funding Source:  Not applicable.

E-4.    (City Council)  Adopt Resolution No. 2008-20 as Required by California Department of Transportation (Cal Trans) Authorizing the Closure of Main Street to Vehicular Traffic for the Main Street Expo, Surf and Soul Expo, and the Light a Light of Love Special Events  –  Motion to:  Adopt Resolution No. 2008-20, “A Resolution of the City Council of the City of Huntington Beach Authorizing the Closing of Main Street to Vehicular Traffic for Certain Special Events.”  Submitted by the Director of Community Services.  Funding Source:  Not applicable.

E-5.    (City Council)  Adopt Resolution of Intention No. 2008-16 Amending the Contract Between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City Council of the City of Huntington Beach to Implement Enhanced Retirement Benefits (2.5% at 55 Formula) for the Municipal Employees’ Association (MEA), Management Employees’ Organization (MEO), the Non-Safety Members of the Police Officers’ Association (POA), and the Non-Associated Members (NA);
Deferred from the March 3, 2008 City Council Meeting
Motion to:  1)  Adopt Resolution of Intention No. 2008-16  –  “A Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration California Public Employees’ Retirement System and the City Council of the City of Huntington Beach;”  2) Authorize the City Clerk to execute the Certification of Governing Body’s Action and the Certification of Compliance with Government Code Section 7507 (PERS-CON-12;)  and, 3) Authorize and approve Mayor to execute CALPERS Resolution of Intention (PERS-CON-12A).  Submitted by: Director of Human Resources.  Funding Source:  The cost to implement the retirement plan enhancement will be borne by the affected employees in all groups; MEA, MEO, POA miscellaneous (non-safety) members and NA employees.

E-6.    (City Council)  Approve the Sanitary Sewer Facility Fund Compliance Report for Fiscal Year 2006/2007  –  Motion to:  Approve the Sanitary Sewer Facility Fund Annual Report Fiscal Year 2006/2007.  Submitted by the Director of Public Works.  Funding Source:  No funding is required for this action.

E-7.    (City Council)  Approve and Authorize the Mayor and City Clerk to Execute the Memorandum of Understanding (MOU) Between the Huntington Beach Wetlands Conservancy and the City of Huntington Beach and Designate Funds in the Amount of $118,000 to Mitigate Impacts to Adjacent Wetlands as a Result of the Newland Street Widening Project, CC-1095 and the Magnolia Street Sidewalk Project, CC-1228  –  Motion to:  Approve and authorize the Mayor and City Clerk to execute the Memorandum of Understanding between the Huntington Beach Wetlands Conservancy and the City of Huntington Beach.  Submitted by the Director of Public Works.  Funding Source:  Funding in the amount of $118,000 is budgeted in Traffic Impact Fund, Newland Widening, Street Improvements 20690003.82300.

E-8.    (City Council)  Approve Project Plans and Specifications and Award Construction Contract in the Amount of $1,222,900 to Dominguez General Engineering for the Slater Avenue and Parkside Lane Storm Drain Improvements, CC-1296 and Authorize the Mayor and City Clerk to Execute Contract in a Form Approved by the City Attorney  –  Motion to:  1) Approve the project plans and specifications for the Slater Avenue and Parkside Lane Storm Drain Improvements, CC-1296;  2) Accept the lowest responsive and responsible bid submitted by Dominguez General Engineering, in the amount of $1,222,900; and,  3) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.  Submitted by the Director of Public Works.  Funding Source:  Funds in the amount of $2.5 million are budgeted in the Redevelopment Agency Fund Account No. 30589001.82500.  The cost estimate for the Parkside Lane Storm Drain and the Slater Avenue Storm Drain are $800,000 and $830,000, respectively.

E-9.    (City Council)  Approve the Annual Drainage Fund Compliance Report for Fiscal Year 2006/07 in Accordance with Section 14.48 of the Huntington Beach Municipal Code (HBMC)  –  Motion to:  Approve the Planned Local Facility Drainage Fund Compliance Report for Fiscal Year 2006/07.  Submitted by the Director of Public Works.  Funding Source:  No funding is required for this action.

E-10.  (City Council)  Approve Project Plans and Specifications and Award Construction Contract in the Amount of $274,688 to GMC Engineering, Inc. for the Safe Routes to School Project in the Vicinity of Sowers School, CC-1251 and Authorize the Mayor and City Clerk to Execute Contract in a Form Approved by the City Attorney  –  Motion to:  1) Approve the project plans and specifications for the Safe Routes to School Project in the vicinity of Sowers School, CC-1251;  2) Accept the lowest responsive and responsible bid submitted by GMC Engineering, Inc. in the amount of $274,688; and,  3) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.  Submitted by the Director of Public Works.  Funding Source:  Funds in the amount of $224,550 are budgeted in Safe Routes to School, 87890003.82700.  Matching funds in the amount of $227,450 are budgeted in the Traffic Impact Fund 20690007.82400.  The estimated cost of the project is $452,000, including the purchase of equipment.

E-11.   (City Council)  Approve the Annual Fair Share Traffic Impact Fee Report for Fiscal Year 2006/07 in Accordance with Section 17.65.130 of the Huntington Beach Municipal Code (HBMC)  –  Motion to:  Approve the 2006/07 Traffic Impact Fee Annual Report and Program Fiscal Activity Summary 10/1/01 to 9/30/07.  Submitted by the Director of Public Works.  Funding Source:  No funding is required for this action.

E-12.   (Redevelopment Agency)  Receive and File the 2006-2007 State Controller’s Report Comprised of Information Regarding the Agency’s Financial Transactions, Blight Progress and Loan, Property and Housing Activities for Fiscal Year 2006-2007  –  Motion to:  Receive and file the 2006-2007 State Controller’s Report.  Submitted by the Redevelopment Agency Deputy Executive Director.  Funding Source:  Not applicable.

E-13.    (City Council)  Approve and Authorize the Mayor and City Clerk to Execute an Agreement Between the City of Huntington Beach and Robert James Warner and Jeffrey James Warner in the Amount of $850,000 for Acquisition of Real Property Located at 7882 Alhambra Avenue, APN 142-103-20 to Complete Improvements for the Widening of Heil Avenue Widening Improvement Project Between Beach Blvd. and Silver Lane (CC-1230)  –  Motion to:  1) Approve the Purchase and Sale Agreement and Joint Escrow Instructions; and, 
2) Authorize the Mayor and City Clerk to execute the agreement and other related necessary documents.  Submitted by the Director of Economic Development and the Director of Public Works.  Funding Source:  Funds in the amount of $858,000 are budgeted in the Traffic Impact Fund, Heil Avenue Street Widening, Land Purchase, Account No. 20690009.81100.

F. Administrative Items

F-1.    (City Council) Approve a City Council Position on Legislation Pending Before the Federal, State, or Regional Governments as Recommended by the City Council Intergovernmental Relations Committee (IRC)

Communication from Councilmember Jill Hardy, Chair on behalf of Intergovernmental Relations Committee Members Councilmembers Don Hansen and Keith Bohr transmitting the following

Statement of Issue:  Approval of City Council positions as recommended by the City Council Intergovernmental Relations Committee (IRC) on legislation or budget issues pending before a federal, state, or regional government, and approval of the City’s federal funding agenda for this year.

Funding Source:  Not Applicable

Recommended Action:  Motion to:

1. Authorize letters to our federal legislators asking them to support an appropriation of funds for the Energy Efficiency and Conservation Block Grant

2. SUPPORT AB 1295 (Ducheny) – Amending the California Coastal Act of 1976 (as Introduced)

3. Approve the City’s Federal Funding Agenda for this year as follows:

• Water Infrastructure
• Gun Range Clean Up
• Bluff Top Park
• Senior Center (Green Elements)
• Continue to support OCTA’s request for funding to widen the 405 Freeway

G-1.     Ordinance for Adoption

G-1a.   (City Council)  Adopt Ordinance No. 3800 Amending Chapter 7.08 of the Huntington Beach Municipal Code (HBMC) Relating to Licensing Provisions of Dogs and Cats
Approved for Introduction March 3, 2008

Recommended Action:  After the City Clerk reads by title, Adopt Ordinance No.  3800, “An Ordinance of the City of Huntington Beach Amending Chapter 7.08 of the Huntington Beach Municipal Code Relating to Licensing Provisions for Dogs and Cats” by roll call vote.

G-1b.   (City Council)  Adopt Ordinance No. 3801 Amending Chapter 8.21 of the Huntington Beach Municipal Code (HBMC) Pertaining to Refuse Management by Matching the New Residential Service Methods Implemented in 2007 and Allowing for a More Prompt Enforcement of the City’s Commercial Hauling Franchise
Approved for Introduction March 3, 2008

Recommended Action:  After the City Clerk reads by title, Adopt Ordinance No. 3801, “An Ordinance of the City of Huntington Beach Amending Chapter 8.21 of the Huntington Beach Municipal Code Pertaining to Refuse Management” by roll call vote.

H.  City Council/Redevelopment Agency Items

H-1a.    (City Council)  Submitted By Councilmember Coerper – Design and Installation of Commemorative Arches on Main Street and Pacific Coast Highway and Main Street and Sixth Street

Communication from Councilmember Coerper transmitting the following

Statement of Issue:
In 2009, Huntington Beach will celebrate its 100th anniversary.  This important milestone will be marked by a number of events throughout the entire year and will engage many current and past members of our community in recognition and celebration of our City’s past, as well as its future.   There is an opportunity to mark the occasion by installing two arches to mirror those that once existed at Main Street and Pacific Coast Highway with an official unveiling ceremony of the completed projects occurring on July 4, 2009. 

The arches are a celebrated landmark of the City’s past, remembered by all who traveled on Pacific Coast Highway between the years of 1927 and 1941.  The new arches would forever represent the Huntington Beach centennial and serve as a dynamic visual addition to the downtown.  The previous arches were anchored at the four corners of Main and Pacific Coast Highway, crossing over one another above the middle of the highway, with the sign “Huntington Beach” hanging from above.  The new arch at that location should mirror that design closely and could serve as a visually appealing point of entry into the downtown.  In addition, consideration of a single arch with a decorative center sign at or near the Huntington Beach Art Center would represent a welcoming point of entry into the downtown from the north. 

The significance of the project also represents an opportunity to involve local businesses and organizations such as the Convention and Visitors Bureau, the Chamber of Commerce and the various local service groups in helping to provide and secure funding to support the project.   Given that this would take place in a Redevelopment Project Area, the Redevelopment Agency would take the lead in funding, as well as in the implementation phase, with the assistance of the Planning and Public Works Departments for facilitate completion by July 4, 2009. 

It is estimated that engineering, fabrication and installation could total approximately $900,000 for both arches.  The Agency will circulate a Request for Proposals for the various phases, and,   upon direction from the Board, Agency staff will commence meeting with organizations and major business entities in the community to create a project funded through a joint public/private effort to create a true City landmark. 

Conceptual drawings of these arches are attached to this request, along with a photo of the original arches.  The drawings were prepared by Graphic Solutions, which was responsible for the entry node signs that are currently being placed in the City. 

Recommended Action:  Motion to:

1. Direct the Redevelopment Agency to prepare and circulate a Request for Proposal for the preliminary engineering of the double arches at Main Street and Pacific Coast Highway, and the single arch outside the Huntington Beach Art Center and bring back these items for City Council approval with goal of project completion no later than July 4, 2009, subject to available funding. 
2. Direct the Redevelopment Agency to move forward with preparing funding proposals and seeking funding from entities within the community to support this project. 
3. Direct the Redevelopment Agency to work closely with the Huntington Beach Art Center Director, the Allied Arts Board and a representative of the Centennial Committee to oversee the final design. 

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.

Council/Agency Adjournment to Monday, April 7, 2008, at 4:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.

JOAN L. FLYNN, CITY CLERK
City of Huntington Beach
2000 Main Street - Second Floor
Huntington Beach, California 92648 COMPUTER INTERNET ACCESS TO CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA WITH STAFF REPORTS IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS http://www.surfcity-hb.org