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- MAY 7, 2007
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 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
(City Council/Redevelopment Agency) Study Session #1 – Lindsey Parton, Director of DJM Capital Partners, Inc. will Provide an Overview of the Proposed Mixed Use Development of Bella Terra Phase II.
PowerPoint presentation titled City of Huntington Beach Finance Department Report, FY 2006/07 Mid Year Budget Review 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 §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: MEO, MEA, HBFA, SCLEA, and Non-Associated.
(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 lawsuit entitled Praise Christian Center v. City of Huntington Beach, et al.; United States District Court Case No. SACV03-1504 GPS (MLGx); Ninth Circuit Court of Appeal Case No. 06-55462. This appeal concerns a CUP the City issued that authorized Plaintiffs to use a warehouse at 18851 Goldenwest Street as a church.
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 Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
Pledge of Allegiance/Flag Salute – To be led by Girl Scout Troop 880.
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 on Huntington Beach Human Relations Task Force Chair Alan Chancellor to recognize April as Asian Pacific American Heritage Month and May as Older Americans Month.
Presentation – Mayor Coerper to call on Huntington Beach Art Center Director Kate Hoffman to present a commendation to Art Cervantes from Oggi’s Pizza and Brewing Company for their generous fundraising efforts for the Summer Art Camp program.
Presentation – Mayor Coerper to call on Recreation Program Supervisor Dottie Hughes to receive a check from Huntington Beach Kiwanis, for Community Services programs Friday Night Funtime Dances and the Fishing Derby.
Presentation – Mayor Coerper to call on Police Chief Ken Small and Huntington Beach Police Officer’s Association President Kreg Muller to receive a proclamation for National Police Week.
Presentation – Mayor Coerper to invite Lillian Widdowson forward to be honored for her great achievement of reaching the age of 100 years.
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 March 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 March 2007, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.
PowerPoint presentation titled March Treasurer’s Report is included in the agenda packet.
C-4. City Attorney’s Report of Litigation Filed
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 Planning transmitting the following
Statement of Issue:
Transmitted for City Council consideration is a resolution that establishes an affordable housing in-lieu fee for new residential projects with three to nine units. Payment of the fee is allowed by the City’s affordable housing ordinance. Staff recommends the City Council approve the resolution because adoption of the in-lieu fee will provide an alternative means for developers of small projects to satisfy the City’s inclusionary housing requirements. In addition, there are three suggested improvements by Keyser Marston Associates to the existing affordable housing ordinance that staff recommends the City Council initiate.
NOTICE IS HEREBY GIVEN that on Monday May 7, 2007, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items:
AFFORDABLE HOUSING IN-LIEU FEE:
Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Request: To establish an affordable housing in-lieu fee for new residential projects that consist of three to nine units.
Location: Citywide
Project Planner: Mary Beth Broeren
NOTICE IS HEREBY GIVEN that Items No. 1 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3).
ON FILE: A copy of the proposed requests are on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. Copies of the staff reports will be available to interested parties at the City Clerk’s Office on Thursday May 3, 2007.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the applications as outlined above. If you challenge the City Council’s action in court, you may be limited to raising only those issues 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 the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk
- Staff report
- City Council discussion
- Open public hearing
- Following public input, close public hearing
**PowerPoint presentation titled Affordable Housing In-Lieu Fee is included in the agenda packet.
Recommended Action: Motion to:
1.
Adopt Resolution No. 2007-29, “A Resolution of the City Council of the City of Huntington Beach Setting Forth an Affordable Housing In-Lieu Fee as Authorized by Zoning and Subdivision Ordinance 3687 Section 230.26;”
and
2.
Direct staff to process a zoning text amendment to amend Section 230.26 to incorporate recommendations outlined in the Keyser Marston Associates report, dated January 23, 2006.
ADMINISTRATIVE PUBLIC HEARING
Communication from the Director of Public Works transmitting the following
Statement of Issue: Pursuant to Resolution No. 2007-13, a public hearing must be held before staff can initiate the removal of weeds, refuse and rubbish from undeveloped private properties at the owners’ expense.
Funding Source: Funds in the amount of $29,000 are budgeted in Weed Abatement, Account No. 10085416.64620, for abatement of public and private properties. Costs for abatement of private properties will be added to the County Assessor’s tax role.
- Staff report
- City Council discussion
- Open administrative hearing
- Following input from affected property owners only, close administrative hearing (The general public may speak during Public Comments)
Recommended Action: Motion to:
1.
Open a public hearing for any objections and protests to the proposed removal of weeds, refuse, and rubbish;
and
2.
Following the hearing, authorize the Superintendent of Streets (Director of Public Works) to proceed with the abatement of said nuisance.
**PowerPoint presentation titled Annual Weed, Rubbish, and Refuse Abatement Program is included in the agenda packet.
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 April 16, 2007 as written and on file in the Office of the City Clerk. Submitted by the City Clerk.
E-2. (City Council) Approve and Authorize the Mayor and City Clerk to Execute Amendment No. 1 to the Professional Services Contract Between the City of Huntington Beach and Atrilogy Solutions Group, Inc. for Additional Compensation in the Amount of $100,000 for Temporary Technical Personnel and Consulting Services – Motion to: Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and Atrilogy Solutions Group, Inc. for Temporary Technical Personnel and Consulting Services. Submitted by the Director of Information Services. Funding Source: Funds for contracted personnel will be from approved budgets on an as-needed basis.
E-3. (City Council) Approve Agreement with South Orange County Community College District for Health Care Student Programs for Paramedic Training, and Authorize the Fire Chief to Execute the Agreement – Approve and authorize the Fire Chief to execute the Agreement for the Health Sciences/Human Services Student Program with the South Orange County Community College District for Health Care Student Programs. Submitted by the Fire Chief. Funding Source: None required.
E-4. (City Council) Adopt Resolution No. 2007-28 Authorizing Closure of Main Street to Vehicular Traffic on June 16 and June 17, 2007 for the Downtown Main Street Event – Adopt Resolution No. 2007-28, “A Resolution of the City Council of the City of Huntington Beach Authorizing the Closing of Main Street to Vehicular Traffic for the Downtown Main Street Event.” Submitted by the Director of Economic Development and the Director of Community Services. Funding Source: Not applicable.
E-5. (City Council) Approve and Authorize the Mayor and City Clerk to Execute Amendment No. 1 to Cooperative Agreement No. C-2-0656 Between the Orange County Transportation Authority (OCTA) and the City of Huntington Beach for the Senior Mobility Program, Extending the Term of the Agreement to January 30, 2011, and Authorize Appropriation of Grant Funds on an Annual Basis Through June 30, 2011 – (1) Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Cooperative Agreement No. C-2-0656 Between the Orange County Transportation Authority and the City of Huntington Beach for Senior Mobility Program, to extend the term of the agreement to January 30, 2011; and (2) Authorize the appropriation of OCTA/County Senior Mobility grant funds on an annual basis through June 30, 2011. Submitted by the Director of Community Services. Funding Source: FY 07-08 Orange County Transportation Authority, County funds of $147,499, plus 20% match of City funds ($36,875) subsidized by the Huntington Beach Council On Aging through a Hoag Hospital Grant. Matching funds are identified in the Donation Fund, Senior Transportation - Account #10345502.52000.
E-6. (City Council) Approve and Authorize the Mayor and City Clerk to Execute a Professional Services Contract Between the City of Huntington Beach and Diehl, Evans and Company, LLP in an Amount Not to Exceed $135,715 Over a Three-Year Period to Perform an Independent Audit of the City’s Financial Statements as Required by City Charter – Approve the Professional Services Contract Between the City of Huntington Beach and Diehl, Evans and Company, LLP for Audit Services. Submitted by the Director of Finance. Funding Source: This agreement will be paid from budgeted amounts in account 10035205.69355. Sufficient funds will be budgeted for the term of the agreement (fiscal year 2007/08, 2008/09, and 2009/10 budgets.)
E-7. (City Council) Approve the Appointment of John Sisker to the Mobile Home Advisory Board to Fill an Interim Term That Will Expire on August 5, 2007 and a Subsequent Full Term That Will Expire on August 5, 2011 as Recommended by Council liaisons Mayor Pro Tem Debbie Cook and Councilmember Joe Carchio – Approve the appointment of John Sisker as Mobile Home Resident Representative to the Mobile Home Advisory Board, serving a gap term until August 5, 2007 and thereafter a full term that will expire on August 5, 2011. Submitted by the Director of Economic Development. Funding Source: Not applicable.
E-8. (City Council) Adopt Resolution No. 2007-31 Approving the Proposition 50 Grant Agreement With the State Water Resources Control Board for the East Garden Grove Wintersburg Channel Urban Runoff Diversion Project – Phase II; Approve Future General Fund Expenditure of $687,500 as a Matching Fund Requirement; and, Appropriate the State Award of $2,062,500 to the Project Account – (1) Adopt Resolution No. 2007-31, “A Resolution of the City Council of the City of Huntington Beach Approving the Proposition 50 Grant Agreement With the State Water Resources Control Board for the East Garden Grove Wintersburg Channel Urban Runoff Diversion Project – Phase II;” and (2) Approve $687,500 from the General Fund reserve for grant match requirement. Funds to be expended in FY 2007/2008 – FY 2009/2010; and (3) Appropriate $2,062,500 to the project account, and increase estimated revenues by $2,062,500 to the Water Quality Grant Fund from the State of California, 89288005.82500. Submitted by the Director of Public Works. Funding Source: (1) The State will award $2,062,500 for the East Garden Grove Wintersburg Channel Urban Runoff Diversion Project – Phase II. Grant Funds and offsetting revenue will be appropriated to the project account; and (2) A 25% grant match amount totaling $687,500 is required. Anticipated grant funds for the City match are not available at this time. Match funds to be expended in FY 2007/2008 – FY 2009/2010; and (3) Funds will be appropriated to Water Quality Grants, Talbert Lake Diversion Project Phase II, Drainage Improvements, 89288005.82500.
E-9. (City Council) Approve and Authorize the Mayor to Execute an Agreement for Acquisition of Real Property Located at 7752 Alhambra Avenue, APN 142-103-02, in the Amount of $685,000, Necessary to Complete Improvements for the Widening of Heil Avenue Between Beach Boulevard and Silver Lane – (1) Approve the Agreement for Acquisition of Real Property (Escrow Instructions); (2) Authorize the Mayor 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 are budgeted in the Traffic Impact Fund, Street Widening, Land Purchase, Account No. 20690001.81000.
E-10. (Redevelopment Agency) Approve and Authorize the Chairman and Agency Clerk to Execute Professional Services Contracts With Keyser Marston Associates, Inc. in an Amount Not to Exceed $525,000 Over a Three-Year Period and Tierra West Advisors, LLC. in an Amount Not to Exceed $525,000 Over a Three-Year Period for “As-Needed” Economic Development Consulting Services – (1) Approve the Professional Services Contract Between the Redevelopment Agency of the City of Huntington Beach and Keyser Marston Associates, Inc. for Economic Analysis Services in the amount of $525,000 for Economic Analysis Services over a three-year period, and authorize the Chairman and Agency Clerk to execute the agreement and appropriate $525,000 from undesignated Redevelopment Agency Merged Capital Funds Balance to account 30580101.69325; and (2) Approve the Professional Services Contract Between the Redevelopment Agency of the City of Huntington Beach and Tierra West Advisors, LLC. for Economic Analysis Services in the amount of $525,000 for Economic Analysis Services over a three-year period, and authorize the Chairman and Agency Clerk to execute the agreement and appropriate $525,000 from undesignated Redevelopment Agency Merged Capital Funds Balance to account 30580101.69325. Submitted by the Deputy Executive Director. Funding Source: Redevelopment Agency Capital Projects Fund Balance.
E-11. (City Council) Request for Amicus Brief Support in Medical Marijuana Case, City of Garden Grove v. Orange County Superior Court, Real Party-in-Interest Felix Kha; Case No. G036250 – Approve and authorize participation as amicus curiae in support of the City of Garden Grove for the matter entitled, City of Garden Grove v. Orange County Superior Court (Kha), G036250, 4th District Court of Appeal, Division 3. Submitted by the City Attorney. Funding Source: No funds are required.
Communication from Councilmember Jill Hardy, Chair on behalf of Intergovernmental Relations Committee Members Councilmembers Keith Bohr and Don Hansen 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:
1.
SUPPORT SB 645 (Correa) – Giving the Orange County Sanitation District authority to use a design build process for projects over $10 million as amended on April 9, 2007
2.
OPPOSE AB 1459 (Levine) – Amending the California Coastal Act of 1976 to prohibit, in the coastal zone, a unit in an overnight visitor-serving commercial facility from being sold for individual ownership or part-time private occupancy as introduced.
3.
APPROVE Resolution No. 2007-30, “A Resolution of the City Council of the City of Huntington Beach in Support of the Groundwater Replenishment System, A Joint Effort of the Orange County Water District and the Orange County Sanitation District.”
Communication from the Director of Community Services transmitting the following
Statement of Issue: There are currently three modular units on the municipal pier. Funds have been budgeted to construct two permanent concession buildings on the pier. The Community Services Commission has reviewed and moved to recommend the staff recommendations to City Council for approval.
Funding Source: Redevelopment funds have been budgeted in the FY 2006/2007 Capital Improvements Program budget, Fund 305. This was included in the list of Redevelopment Agency-funded projects approved by City Council, using one-time Redevelopment revenue from the Hyatt residential project.
Recommended Action: Motion to:
- Approve construction of two permanent visitor-serving buildings on the Municipal Pier, in accordance with the existing Coastal Development Permit (CDP)
- Proceed with a request for a Coastal Development Permit for a third permanent building
- Recommend the following types of concessions:
- Bait and tackle shop
- Souvenir store
- Kite store
- Recommend that souvenir store and kite store share space in one building on an interim basis until third building is constructed.
PowerPoint presentation titled Permanent Buildings on the Municipal Pier is included in the agenda packet.
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, May 21, 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