Council/ Agency Meeting Held: 6
Deferred/ Continued to:
I Apprq. ed Conditionally Approved Denied Ske'46)6 joy Cle I Sign ure
Council Meeting Date: July 16, 2012 Depart nt ID Number: AD 12- 013
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Bob Hall, Deputy City Manager
SUBJECT: Approve the extension of and modifications to the Hometown Heroes Banner Program
Statement of Issue: The City Council is asked to extend the Hometown Heroes banner program that has been in place for one year and consider a lower cost renewal option.
Financial Impact: No city funds are used for this program. American Legion Post 133 collects the funds, pays for the banners and reimburses the Public Works department for installation.
Recommended Action: Motion to:
A) Continue the Hometown Heroes Banner program as previously approved; and, B) After the first year of display, offer a lower -cost renewal option of $ 140 for replacement banners of the celebrated heroes with verification of continued active duty.
Alternative Action( s):
A) Retire each banner at its one-year anniversary of installation and collect full $ 270 for replacement banners.
B) Leave the existing banners up until determined that the banners are no longer in good condition and remove at that time.
xB - 79- Item 10. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 7/ 16/ 2012 DEPARTMENT ID NUMBER: AD 12- 013 Analysis: The Hometown Heroes Banner Program was initiated by Council action on May 16, 2011. The first bannerswere installedbeforethe July 4thholidayin 2011. The banners have received tremendous support from the community and positive response from military family participants. A number of cities have modeled similar programs after ours including Fountain Valley, Westminster, and Torrance.
Since its inception, the program has honored seventy- four Huntington Beach residents actively serving in all branches of the United States Armed Forces. Each banner costs $ 270 for custom banner fabrication, hardware and installation. As part of the initial action, the program was designed to be year- round with applications accepted on an ongoing basis.
Banners shall be displayed fo a specified period of time before retired and given to the military heroes' family. A provision was added to check the condition each banner at six months to prevent tattered and worn banners. Therefore, each family was guaranteed display of the banner for a minimum of six months and up to one year as indicated on the application brochure. At six months, public works installers and program coordinators agreed to keep the banners installed. The one year mark has arrived and Council must give direction for how to proceed with the program.
Staff recommends offering a lower -cost renewal option of $ 140 for families of the celebrated heroes with verification of continued active duty for a new replacement banner. Any discharged or retired heroes' banners will be retired. Staff will contact each banner sponsor with a renewal notice at the one-year anniversary of the installation of the banner. At that time, the sponsor will indicate whether their hero is still active duty and if they wish to renew.
If the sponsor chooses to renew, they will essentially order a new, duplicate banner to display for one more year at a discounted rate. This will allow families to continue to honor active duty Hometown Heroes. The renewal will also mitigate any concerns about wear and tear of the current banners by replacing them. The cost of $ 140 includes custom banner fabrication and installation. Since the hardware was previously purchased by the banner sponsor, it will not need to be purchased again. The banner installed in 2011 will be removed and presented to the family. If the hero is no longer active duty, he or she will no longer be eligible for the program.
Alternatively, Council may choose to retire each banner at its one-year anniversary without renewal option. In this case, a banner sponsor may purchase a new banner at full price to continue honoring their active -duty hero. Or, Council may choose to leave up the current banners until it is determined that the condition no longer suitable and instruct staff to remove.
Environmental Status: N/ A
Strategic Plan Goal: Improve the City' s infrastructure Attachment: None
Item 10. - 2 HB - 80-
CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable Cii
From: Joe Carchio,
ers
Date: May 3, 2011
U
Subject: CITY COUNCIL MEMBER ITEM FOR THE MAY 16, 2011, CITY COUNCIL MEETING — ESTABLISH HUNTINGTON BEACH HOMETOWN HEROES
BANNER PROGRAM
STATEMENT OF ISSUE:
The City of Huntington Beach is committed to supporting our troops. According to published demographic information, approximately 250 Huntington Beach residents currently serve in the U.S.
Armed Forces. Since 2005, over eighteen cities in Southern California have established programs to install personalized banners displaying the person' s name, branch of service and a photo on light poles on major streets throughout the city to both celebrate and remind residents of their dedication to our country. I am requesting that the City Council support the establishment of the Huntington Beach Hometown Heroes Banner Program honoring these brave men and women in the City of Huntington Beach.
This banner program is designed to honor our local military heroes who reside in the City of Huntington Beach or have an immediate family member who resides in Huntington Beach. In order to qualify, the hero to be displayed must be an active member of the United States Armed Forces and must be a resident or has an immediate family member who is sponsoring the banner and resides in Huntington Beach ( wife/ husband, daughter/ son, or granddaughter/ grandson). Verification of qualifications is required. This is an ongoing program; applications will be accepted year round.
Brochures with required information will be posted on the City's website. Banners shall be displayed for a specified period of time, before being retired and given to the hero or the celebrated hero's family. Possible streets under consideration are Main Street from Beach Blvd. to 6th Street and Beach Blvd. from Pacific Coast Highway to Adams Ave. The cost of the banners and installation will be covered by private funds and no City funds would be used for this program.
RECOMMENDED ACTION:
Direct staff to develop a policy and implement the Huntington Beach Hometown Heroes Banner Program.
JC: AW
Cc: Fred Wilson, City Manager
Paul Emery, Deputy City Manager
Bob Hall, Deputy City Manager
1- 5--/ 46 --' A0 i/
Minutes
City Council/ Public Financing Authority
City of Huntington Beach
Monday, July 16, 2012
4: 00 PM - Room B- 8
6: 00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audio recording of the 4:00 PM portion of this meeting and a video recording of the 6:00 PM portion of this meeting are on file in the Office of the City Clerk and are archived at www. surfcity- hb. orcl/ government/ agendas/
8 19- O•
CALL TO ORDER
ROLL CALL
Present: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS ( Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS ( 3 Minute Time Limit)
Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced receipt of supplemental communications received by her office following distribution of the City Council agenda packet:
A PowerPoint communication submitted for Study Session Item No. by Lori Ann Farrell, Director of Finance, datedJuly 16, 2012, entitledCityof HuntingtonBeachProposedBudget, Fiscal Year 201212013.
STUDY SESSION
1. CityManagerandCitystaffpresentedan overviewof the CityManager's recommended Proposed Fiscal Year 2012/ 13 Budget
Lori Ann Farrell, Director of Finance, and Carol Molina Espinosa, Budget Manager, provided a PowerPointpresentationdatedJuly16, 2012andentitledCityofHuntingtonBeachProposed Budget Fiscal Year 201212013, that included titled slides: FY 2012/ 12 Proposed Budget PresentationOverview, A Roadmapto Success - The StrategicPlan, FY2012/2014Proposed Budget: An Overview, FY 2012/ 13 Proposed Budget, FY 2012/ 13 General Fund Budget, Enhance Economic Development, General Fund Expenditures, Highlights of Proposed Reductions, Proposed Staff Reductions, City Council Memberships, Alternatives to Consider, Council/ PFA Regular Minutes
July 16, 2012
Maintain Public Safety, Improve the City's Infrastructure, Financial Reserves, Strategic Use of Reserves, Improve Long Term Financial Sustainability Reserve Balances (In Thousands), Develop, Retain and Attract Quality Staff, Budget Calendar, and City of Huntington Beach Proposed Budget Questions?
Councilmember Shaw and Director Farrell discussed how our public safety budget compares with other cities.
Mayor Hansen and Director Farrell discussed the benefits of paying off the PARS pension obligation to eliminate liability.
Director Farrell thanked members of the Finance Department for their work on the budget.
Councilmember Boardman and Director Farrell discussed establishing projected sales tax revenue, projection comparison by year, and other revenues ( property tax, transient occupancy tax), and how they are delivered ( monthly, quarterly, annually, etc.). Discussion ensued regarding costs associated with cutting certain positions in the City' s table of organization, when the economic uncertainties fund was established, and use of economic uncertainties funds to save positions anticipated for layoff.
Councilmember Carchio and Director Farrell discussed the value of employee PERS concessions, anticipated cuts affecting City libraries, and library collection procedures.
Councilmember Carchio voiced concerns about reductions affecting the SWAT program.
Mayor Hansen and Director Farrell discussed policy in relation to use of economic uncertainties fund monies.
Mayor Hansen proposed outsourcing the City' s legal department, and solicited Council support to direct the City Manager to issue a Request for Qualifications ( RFQ) document, with the City Attorney to serve as Contract Administrator. Councilmember Boardman recalled a favorable audit of City Attorney services, and Manager Wilson and Director Farrell discussed the types of legal services currently being outsourced. Councilmember Boardman reminded Council how the past City Attorney spent too much money on outsourced legal services.
Councilmember Harper questioned the appropriateness of a Council vote on publishing an RFQ. Deputy City Attorney Mike Vigliotta discussed Brown Act implications of and taking action on a non- agendized issue. Mayor Hansen opined that outsourcing services falls within the context of the budget discussion.
Councilmember Boardman opposed the amount of staff time needed to accomplish the task.
Councilmember Harper expressed support for an RFQ. Councilmember Shaw asked for past expenses related to revising the Charter and evaluating the City Attorney' s office, voicing concerns about the presence of a political agenda. Councilmember Carchio disagreed with Councilmember Shaw and voiced support to examine all options and issue an RFQ.
Mayor Pro Tern Dwyer, Deputy City Attorney Mike Vigliotta and Director Farrell discussed budget figures representing case load, and budget liability ( claims).
Council/ PFA Regular Minutes
July 16, 2012
Councilmember Bohr supported issuing an RFQ to identify potential cost savings. Mayor Hansen opined that any and all departments should be considered for evaluation, and discussed public opinion related to outsourcing police and fire services.
Councilmember Boardman reiterated her suggestion to use economic uncertainties funds to help balance the budget and discussed what the Police Department will not be providing because of budget cuts. Director Farrell described two identified scenarios ( status quo and full employee pick of PIERS obligations).
Councilmember Carchio and Manager Wilson discussed issues surrounding services being delivered at the same level with fewer resources.
Councilmember Bohr discussed revenue realized from increased parking fees and enforcement.
Mayor Pro Tem Dwyer and Director Farrell discussed the amount of funds appropriated in the City Attorney' s budget for outside legal services, including the emergency litigation fund.
RECESS TO CLOSED SESSION
A motion was made by Carchio, second Dwyer to recess to Closed Session. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman NOES: None
CLOSED SESSION
2. Pursuant to Government Code Section 54957. 6, the City Council recessed to Closed Session to meetwithitsdesignatedlabornegotiators: FredWilson, CityManager; PaulEmery, Deputy City Manager; Bob Hall, Deputy City Manager; Michele Carr, Director of Human Resources; and Lori Ann Farrell, Director of Finance, regarding labor negotiations with MEO.
3. Pursuant to Government Code Section 54956. 9, the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Parks Legal Defense Fund v. The City of Huntington Beach; .Orange County Superior Court Case No. 30-2012- 00570541. In this second lawsuit challenging the Senior Center, a public interest advocacy organization alleges that the City violated CEQA, City Charter Section 612 ( Measure C), and City' s General Plan in approving the Senior Center.
4. Pursuant to Government Code Section 54956. 9, the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuits ( and potential lawsuits]:
Walker v. City of Huntington Beach, Orange County Superior Court Case No. 30- 2011- 00486324. Plaintiff was involved in an automobile accident with a City vehicle at the intersection of Edinger Avenue and Gothard Street.
6: 00 PM - COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/ PUBLIC FINANCING AUTHORITY MEETING - 6: 02 PM CLOSED SESSION REPORT BY CITY ATTORNEY - None.
Council/ PFA Regular Minutes
July 16, 2012
ROLL CALL
Present: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman
Absent: None
PLEDGE OF ALLEGIANCE - Led by Councilmember Connie Boardman INVOCATION - Given by Reverend Peggy Price, Huntington Beach Interfaith Council
AWARDS AND PRESENTATIONS
Presentation - Mayor Hansen called forward the Huntington Beach Fast Pitch Girls Softball League Coach Jon Gmur to introduce his 8 and Under ( 8U) Gold Team that had a 30 and 2 season and won 5 of 6 local tournaments: Mikayla Carman, Hailey Gmur, McKenna Pua, Briana Gonzales, Sara Crespo, Cierra Escamillia, Bella Messina, Taylor Lane and Skylar Wallace.
Mayor Hansen called forward the Huntington Beach Fast Pitch Girls Softball League Coach Scott Drake to introduce the 10U Gold Team who placed second in State finals, 3rd in District, and qualified for " Nationals": Shayla Thomas, Allyson Fullbright, Megan Ryono, Kelli Ryono, Malia Cockrell, Maddie Botts, Natalie Dorame, Katelyn Drake, Emily Gray, Reanna Rudd, Helena Gonzales, Bella Gara, and Kamryn Petit. Players brought trading pins forward for the Council.
Mayor Hansen called forward Coach Aimee Valley to introduce the 12U Gold Team who took 3rd in District finals and qualified for " Nationals" in Salem, Oregon: Tyler Frydman, Kendell Henscheid, Amanda Valle, Greta Wessel, Sarah Ferguson, Mikayla Nieto, Stephanie Tsai, Kaylee Hammond, Danika McKee, Valerie Rudd, Ashley Drake, and Remi Davidson.
Presentation - Mayor Hansen presented a commendation to Dave and Margaret Carlberg for their many years of service with the Amigos De Chica Bolsa and the Bolsa Chica Foundation.
Mayor' s Award - Mayor Hansen called on Lia Hernandez, Senior Librarian, to present the Mayor' s Award to Amy Crepeau, Family Literacy Program Specialist for the Oak View location, Ms. Hernandez described Amy' s service and contributions to the organization..
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS ( Received After Agenda Distribution)
Pursuant to the Brown " Open Meetings" Act, City Clerk Joan Flynn announced supplemental communicationsreceivedby herofficefollowingdistributionof the CityCouncilagendapacket:
Communications received for Councilmember Item No. 19 requesting staff to include analysis of relocation of historic buildings designated to be demolished on Nichols Street at Warner Avenue as part of the Focused Environmental Impact Report ( FEIR): Elaine Parker, Doug Erber, Stacha Khatib, Jennifer M. Gates, Field Services Director of California Preservation Foundation, Karen Kai, Cathy Inamasu, White J. & Marilyn L. Harris, Melvin Araki, Gloria Alvarez Communications received for Councilmember Item No. 21 regarding an alternative proposal be submitted to the Orange County Transportation Authority ( OCTA) regarding the widening of the Council/ PFA Regular Minutes
July 16, 2012
405 freeway that would include no Toll Lanes: Christine Chapel, Harold Webster, Amy Shaw, and Elias Flores.
Communications received for Councilmember Item No. 22 regarding the drafting of a Charter Amendment that would be placed on the November 6, 2012 General Municipal Election Ballot approving the sale of California State -Approved Fireworks: Elaine Parker, Mary Jo Baretich, Dave Rollins, Francis VanderKallen and Maria Young.
Communication submitted on Councilmember Item No. 22 - Charter Amendment for Sale of California State -Approved Fireworks by Paul Haussler, Huntington Beach Homeowners.
PUBLIC COMMENTS ( 3 Minute Time Limit)
The number (hh:mm:ss) following speakers' comments indicates the approximate starting time in the archived video located at http://www. surfcity- hb./ org/ government/ agendas/).
Julie Bixby voiced opposition to Councilmember Item 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 00: 27: 23)
Mark Bixby spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 00: 30: 16)
Ted Mooers, Edison High School Football Booster Club, spoke in favor of Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 00: 31: 54) TroyAdlawan, EdisonAquaticsComplex, spokeinfavorof CouncilmemberItemNo. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 00: 34: 41) Paul Haussler, representing Huntington Bay Homeowners' Association, spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks, and distributed a communication to Council. ( 00: 35: 49) Mayor Pro Tem Dwyer and Officer Reinhart discussed HOA' s authority to prohibit firework use.
Joseph Lascola spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 00: 39: 03) Mary Jo Baretich spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 00: 41: 27) Walter Fernandez spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 00: 44: 04) Vern Nelson Jr. spoke in favor of Councilmember Item No. 21 - Recommendation that OCTA Pursue Alternatives One or Two for Widening of the 405 Freeway. ( 00- 47: 06) Vicki Schlom spoke in favor of Councilmember Item No. 21 - Recommendation that OCTA Pursue Alternatives One or Two for Widening of the 405 Freeway. ( 00: 50: 22) Council/ PFA Regular Minutes
July 16, 2012
Gus Ayer spoke in favor of Councilmember Item No. 21 - Recommendation that OCTA Pursue Alternatives One or Two for Widening of the 405 Freeway. ( 00: 53: 39) Councilmember Harper recognized Mr. Ayer as a past mayor of Fountain Valley.
Marselle Sloane, speaking.,on behalf of Roz Freeman, spoke in favor of Councilmember Item No. 21 - Recommendatioh- that OCTA Pursue Alternatives One or Two for Widening of the 405 Freeway. ( 00:57:07)
Mike Van Voorhis, Sunset Beach Community Association, spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 00: 58: 10)
Schelly Sustarsic spoke in favor of Councilmember Item No. 21 - Recommendation that OCTA Pursue Alternatives One or Two for Widening of the 405 Freeway. ( 01: 01: 05) Diana Carey, Chair of the City of Westminster 1405 Freeway Committee, spoke regarding Councilmember Item No. 21 - opposing OCTA's Alternative Three for the Widening of the 1405 Freeway. ( 01: 04: 09).
Mayor Hansen and Ms. Carey spoke about the largest property takes since the inception of the project. Ms. Carey stated the item has moved from affecting residents, to now affecting businesses.
Councilmember Harper and Ms. Casey discussed Westminster' s support of a "build" alternative Tim Geddes spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 11: 21) Mary Urashima spoke in support of Councilmember Item No. 19 - Analysis of Relocation of Historic Buildings Designated to be Demolished on Nichols Street at Warner Avenue. ( 01: 14: 29) Suzane Krol Boller, Allied Arts Board and Huntington Beach Art Center Foundation Board, spoke regarding NEA ( National Endowment of the Arts) and forming an endowment to preserve the Art Center, and distributed information to Council. ( 01: 17: 43) Ben and Laurie McCulloch spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 21: 00) Kari Cozza spoke in favor of Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 23: 16)
Trent Cozza spoke in favor of Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 25: 31)
John Earl spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 27: 52)
Juana Mueller spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 30: 46) Council/ PFA Regular Minutes
July 16, 2012
Betsy Morris spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 32: 05) Jennifer Gates spoke in support of Councilmember Item No. 19 - Analysis of Relocation of Historic Buildings Designated to be Demolished on Nichols Street at Warner Avenue. ( 01: 34: 52) Pam Vallot spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 37: 00)
Stacha Khatib spoke in support of Councilmember Item No. 19 - Analysis of Relocation of Historic Buildings Designated to be Demolished on Nichols Street at Warner Avenue. ( 01: 40: 05) Linda Moon spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 41: 03) Randell James Costello spoke in favor of a skate park in Huntington Beach. ( 01: 43: 45) Mayor Hansen asked Mr. Costello to fill out a blue card to gain information regarding the Vans Skate Park planned in Huntington Beach.
Alison Goldenberg spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 47: 34) Dann Gibb spoke in support of Councilmember Item No. 19 - Analysis of Relocation of Historic Buildings Designated to be Demolished on Nichols Street at Warner Avenue. ( 01: 48: 27) Jerry Berger spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 49: 57) Brenda Calvillo spoke in opposition to Councilmember Item No. 22 - Charter Amendment for Sale of California State - Approved Fireworks. ( 01: 53: 09) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS AND ALL AB 1234
DISCLOSURE REPORTING
1. Approve Youth Board appointments/ reappointments
A motionwas madeby Dwyer, secondHarperto approvethe reappointmentof thefollowing studentsto a one-yeartermon the HuntingtonBeachYouth Boardwithtermsto expireJune 2013 as recommended by Council liaisons Devin Dwyer and Matthew Harper: Lindsey Thomas, Edison High School Representative, Samantha Sharkoff, Huntington Beach High School Rep, Quentin Cronk, Marina High School Representative, Gregory Welker, At -large Representative; and, approve the appointment of the following students to a one-year term on the Huntington Beach Youth Board with terms to expire June 2013 as recommended by Council liaisons Devin Dwyer and Matthew Harper: Lily Falzon, Ocean View High School Representative, Emily Le, At - large Representative, Elliot Lee, At -large Representative, Austin Smith, At -large Representative, Monica Waldau, At -large Representative. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman Council/ PFA Regular Minutes
July 16, 2012
NOES: None
Mayor Pro Tern Dwyer and Councilmember Boardman discussed the " Escape from the Landfill" exhibit at the Huntington Beach Art Center, and recognized artists Joyce Dallal, Olga Lah and Cynthia Minet.
Councilmember Boardman described participating in an informal panel discussion with Pegasus School students regarding plastic debris from beaches, and another regarding City green initiatives.
CITY MANAGER' S REPORT - None.
CITY ATTORNEY' S REPORT
2. Reported: Notice of Filed Cross Complaint: Michael Barber, et al. v. City of Huntington Beach, Orange County Superior Court, Case No. 30-2011- 00456720 ( fall in Talbert Park) Assistant City Attorney Mike Vigliotta reported that a first amended cross complaint was filed on June 29th naming Spectrum Care Landscaping and Irrigation in the lawsuit Barber v. City of Huntington Beach, Case No. 30- 2011- 00456720.
CONSENT CALENDAR
3. Approved and adopted minutes
A motion was made by Carchio, second Bohr to approve and adopt the minutes of the City Council/Public Financing Authority Regular Meeting of June 18, 2012, as written and on file in the Office of the City Clerk. The motion carried by the following roll call vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
4. Received and filed the City of Huntington Beach Strategic Plan Update A motion was made by Carchio, second Bohr to receive and file the updated status of the Six - Month Strategic Objectives. The motion carried by the following roll call vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
5. Adopted Resolution No. 2012- 45 consolidating with the County the November 6, 2012 Election as it pertains to the Measure which amends the City Charter, Section 607 entitled Tax Limits
A motion was made by Carchio, second Bohr to adopt Resolution No. 2012- 45, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on Tuesday, November 6, 2012, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code." The motion carried by the following roll call vote:
Council/ PFA Regular Minutes
July 16, 2012
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
6. Adopted Resolution No. 2012-48 accepting State Grant funds; authorized execution of a one- yearCaliforniaDepartmentof AlcoholicBeverageControl (ABC) GrantAgreementin the amount of $ 50, 000; and approved appropriation and expenditure of funds on enforcing state laws regulating the sales of alcohol
A motionwasmadeby Carchio, secondBohrto approveandauthorizeChiefof Policeto execute the State of California, Department of Alcoholic Beverage Control Grant Assistance Program Standard Agreement; and, adopt Resolution No. 2012- 48, " A Resolution of the City Councilofthe Cityof HuntingtonBeachAuthorizingApplicationfor andAcceptanceof Grant Funds From the State of California Department of Alcoholic Beverage Control and Authorizing Execution of the Grant Agreement;" and, approve the appropriation of $ 50, 000, which is to be fullyreimbursedbythe -grantfromthe Departmentof BeverageControl; and, authorizethe expenditure of $ 50, 000 for the authorized expenditures approved in the attached grant agreement. The motion carried by the following roll call vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
7. Adopted Resolution No. 2012-47 confirming reports of cost for Weed Abatement on private property within the City - 2012 Season
A motion was made by Carchio, second Bohr to adopt Resolution No. 2012-47, "A Resolution of the CityCouncilof the Cityof HuntingtonBeachConfirmingthe Reportof the PublicWorks DirectorRegardingthe CostforWeedAbatementon PrivatePropertyWithinthe Cityfor the 2012 Season;" and, direct that all charges listed thereon be certified to the Orange County 2012/13 Property Tax Roll. The motion carried by the following roll call vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
8. Adopted Resolution No. 2012-49 approving the certification of Special Assessments for delinquent Civil Fines for Municipal Code Violations
A motion was made by Carchio, second Bohr to adopt Resolution No. 2012-49, "A Resolution of the CityCouncilof the Cityof HuntingtonBeachCertifyingSpecialAssessmentsfor Collecting Delinquent Civil Fines for Municipal Code Violations." The motion carried by the following roll call vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
9. Approvedandauthorizedthe CityManagerto offera $25,000rewardto the publicfor informationleadingto the arrestandfelonyconvictionofthe person(s) responsiblefor the attempted murder of two Huntington Beach Police Officers Council/ PFA Regular Minutes
July 16, 2012
A motion was made by Carchio, second Bohr to approve and authorize the City Manager to expend $ 25, 000 as a reward program based on witness information that leads to the arrest and felony conviction of this crime. The motion carried by the following roll call vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio., Bohr, and Boardman NOES: None
10. Approved the extension of and modifications to the Hometown Heroes Banner Program Councilmember Carchio pulled the item to discuss fee options for renewal/ banner replacement, and the City' s efforts to confirm soldiers who are still on active duty. Deputy City Manager Bob Hall participated in the discussion.
A motion was made by Carchio, second Shaw to continue the Hometown Heroes Banner program as previously approved; and, after the first year of display, offer a lower -cost renewal option of $ 140 for replacement banners of the celebrated heroes with verification of continued active duty. The motion carried by the following roll call vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
11. Approved of a City Council position on legislation, a regulation, or budget issues pending before a federal, state, or regional government as recommended by the City Council Intergovernmental Relations Committee ( IRC)
A motion was made by Carchio, second Bohr to oppose AB 2231 ( as amended) Fuentes/ Padilla) - An act to amend Section 5611 of the Streets and Highways Code, relating to sidewalks; and, oppose AB 904 ( Skinner) - This bill could severely affect affordable housing and parking conditions for neighborhoods, businesses and public facilities. The motion carried by the following roll call vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
12. Approved and authorized execution of a Cooperative Agreement with the County of Orange accepting funding for Sunset Beach Roadway Improvements A motion was made by Carchio, second Bohr to approve and authorize the Mayor and City Clerk to execute the "Cooperative Agreement Between County of Orange and City of Huntington Beachfor Funding of Sunset Beach Roadway Improvements in the County of Orange." The motion carried by the following roll call vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
13. Approved Exhibit B of the Orange County Animal Care Services Contract for fiscal year 2012/ 2013
A motion was made by Carchio, second Bohr to approve and authorize the Mayor to execute the contract "Exhibit B to Agreement for Provision of OC Animal Care Services With City of Council/ PFA Regular Minutes
July 16, 2012
Huntington Beach July 1, 2012 Through June 30, 2013," and, authorize the Chief of Police to expendupto $619,436foranimalcontrolservices. Themotioncarriedbythefollowingrollcall vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
14. Approved and authorized execution of Amendment No. 1 to License Agreement between the CityandSeeScopesfor coinoperatedtelescopesonthe Pier A motionwas madeby Carchio, secondBohrto approveandauthorizethe Mayorand City Clerk to execute "Amendment No. 1 to License Agreement Between the City of Huntington Beach and See Scopes." The motion carried by the following roll call vote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
15. Approved and authorized execution of the Memorandum of Understanding ( MOU) between theCityandtheHuntingtonBeachAutoDealersAssociationextendingtheAnnualBeach ParkingPassincentiveprogramanotheryear (July 1, 2012 - June 30, 2013) A motionwasmadebyCarchio, secondBohrto approveandauthorizetheMayorandCity Clerkto execute "MemorandumOf UnderstandingBetweenthe Cityof HuntingtonBeachand the Huntington Beach Auto Dealers Association to continue the Annual Beach Parking Pass incentiveprogramforanadditionalyear. Themotioncarriedbythefollowingrollcallvote:
AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None
ADMINISTRATIVE ITEMS
16. AdoptedResolutionNo. 2012-50consolidatingwiththe Countythe November6, 2012, ElectionandproposingOrdinanceNo. 3953to confirmthat alltaxes, assessmentsandproperty related fees as set forth in the Ordinance apply to all residents, property owners and businesses in the City
A motionwas madeby Dwyer, secondHansento adoptResolutionNo. 2012-50, A Resolution oftheCityCounciloftheCityof HuntingtonBeachSubmittingtotheQualifiedElectorsofthe CityattheNovember6, 2012, GeneralMunicipalElectionaMeasureRelatedtotheCity's Taxes, AssessmentsandPropertyRelatedFeesand Requestingthe Boardof Supervisorsof theCountyofOrangeto Consolidatea GeneralMunicipalElectionto beHeldonTuesday, November 6, 2012, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Elections Code," including Exhibit A, Ordinance No. 3953, "An Ordinance oftheCityofHuntingtonBeachconfirming`theimpositionoftaxes, assessmentsandproperty relatedfees on all of its residents, businessowners, transients, andpropertyownersof the City of Huntington Beach." TheCity Clerk readinto the record the title of Ordinance3953, and Councilmembers Dwyer, Bohr and Carchio were selected to write arguments in favor of the proposed measure. The motioncarriedby thefollowingrollcallvote:
AYES: Shaw, Harper, Dwyer, Hansen, Bohr, and Boardman
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NOES: None
OUT OF ROOM: Carchio
ORDINANCES FOR INTRODUCTION
17. Approved for introduction Ordinance No. 3954 capping the Retirement Property Tax at the rate set for Fiscal Year 2012/ 13 to pay for pre- 1978 Employee Retirement Benefits Assistant City Attorney Mike Vigliotta discussed methodology in adopting the proposed Ordinance, and what would trigger Proposition 218 requirements.
A motion was made by Bohr, second Boardmanto after the City Clerk reads by title, approve for introduction Ordinance No. 3954, " An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 3.07 Relating to Capping the Retirement Property Tax at Fiscal Year 2012/ 13 Rates."
Councilmember Harper and staff discussed the sunset of the existing pension tax and whether or not the City Council had authority to lower the tax.
The motion carried by the following roll call vote:
AYES: Shaw, Hansen, Carchio, Bohr, and Boardman
NOES: Harper, and Dwyer
COUNCILMEMBER ITEMS
18. Submitted by Councilmember Connie Boardman - Reconsideration of Construction Contract 1397 awarded at the July 2, 2012 Council meeting regarding the rehabilitation of Main Street due to concerns raised regarding the removal of trees as part of the project Councilmember Boardmanexplained her intent to save a large eucalyptus tree growing within the project area, and discussion ensued on how to accomplish that.
A motion was made by Boardman, second Harper to award Construction Contract in the amount of $ 1, 188, 402. 00 to All American Asphalt for the Main Street ( Adams Avenue to Utica Avenue) and the Garfield Avenue ( Delaware Street to Beach Blvd.) Rehabilitation Projects, CC- 1397), amended to include a caveat that the large eucalyptus tree growing within the project be preserved if there is no evidence of damage to homes. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Carchio, Bohr, and Boardman
NOES: Hansen
19. Submitted by Councilmember Connie Boardman - Request staff to include analysis of relocation of historic buildings designated to be demolished on Nichols Street at Warner Avenue as part of the Focused Environmental Impact Report (FEIR) for this project.
Councilmember Boardman presented a PowerPoint depicting history of the buildings, and as liaison to the Historic Resources Board, shared her concerns about the lack of analysis to consider relocation of the structure(s) proposed for demolition, including moving them to City- Council/ PFA Regular Minutes
July 16, 2012
owned land. Councilmember Carchio shared concerns about the property owner' s ongoing costs to store the structures at their current location, and suggested they be moved temporarily to the Public Works yard.
Councilmember Harper thanked Councilmember Boardman for bringing the item forward to exploreideasto placethe structuresonCityproperty, andmakethe publicawareof their historical significance.
CouncilmemberBohrandPlanningandBuildingDirectorScottHessdiscussedhowthe EIRhas not beenfinalized, andwhyit isn't necessaryto makedecisionsbeforethe itemgoesas a public hearing before the Planning Commission. Director Hess explained it was possible to direct that temporaryrelocationof certainstructuresto a citypropertybe includedin the EIR. Senior PlannerRickyRamoselaboratedonwhatthe EIR/InitialStudywillfocuson, andalsomentioned that cost information had not yet been confirmed.
JerryMoffettwith RainbowEnvironmentalServicesoffereda timelineof discussionon relocatingthe structures, indicatedtherewas no solidinterestto this point. He alsodiscussed cost estimates to restore damaged buildings.
Dick Harlow voiced support to relocate buildings, but not until the EIR receives City approval.
Councilmember Boardman and Mr. Moffett discussed what Rainbow Environmental Services wouldallowregardingrelocationof structuresin theyearfollowingpublicationofthe EIR.
Councilmember Boardman suggested a mitigation measure be added that would trigger additional study if the EIR recommends demolition.
Councilmember Harper voiced support to relocate structures to city property, and attain assistance from a reputable, third party or non-profit organization for restoration.
MayorProTernDwyerprovidedsupportfor finalizingthe EIR, andthenhaveCouncil become involved in the process.
Mayor Hansen expressed support for educating the Council and community about the historical significance of the property, but allow the EIR process to finish before making any other substantialdecision. Hetoo calledfor othernon-profitorganizationsto comeforwardand show interest.
CouncilmemberBoardmanand MaryUrashimadiscussedCouncil's abilityto createanad hoc committee to raise funds for relocation.
A motionwasmadeby Boardman, secondHansento form an ad hoccommitteethatincludes three Councilmembers ( Shaw, Harper and Boardman) and interested individuals to participate inthestudyofpreservingandrelocatingthehistoricalbuildingsdesignatedtobedemolishedon Nichols Street at Warner Avenue. The motion carried by the following roll call vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardan NOES: None
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20. Submitted by Councilmember Connie Boardman - Request Council consider a Ballot Measure for November 2012 to increase in the Transient Occupancy Tax from 10% to 12. 5% Councilmember Boardman explained her intent to gain support for a ballot measure that would increase the transient occupancy tax (TOT) from 10% to 12. 5%. She discussed the anticipated loss of funds should the property tax measure be approved, and provided a brief history related to TOT collection, and what other cities collect.
Councilmember Bohr was not in favor of the request, and discussed how Southern California conference planners consider room and tax rates when considering where to do offsite business.
Councilmember Shaw expressed. support for increasing TOT to offset the loss of revenue created by the property tax measure. He also voiced concerns about lack of funding to support public safety services.
Mayor Pro Tern Dwyer concurred with Councilmember Bohr and his concerns about not being competitive in the conference planning market. He also felt it would be inappropriate to raise taxes as an unstudied reimbursement for anticipated loss.
Councilmember Carchio expressed concerns about the timing of the request, and staying competitive in the conference planning market. Councilmember Boardman explained the timing is appropriate so the item can be placed on the November 6, 2012 ballot.
A motion was made by Boardman, second Shaw to direct staff to prepare necessary documentation to place the item to increase Transient Occupancy Tax from 10% to 12. 5% on the November 2012 municipal election ballot. The motion failed by the following roll call vote:
AYES: Shaw, and Boardman
NOES: Harper, Dwyer, Hansen, Carchio, and Bohr
21. Submitted by Councilmember Connie Boardman - Request Council recommend to the Orange County Transportation Authority (OCTA) Board an alternative proposal for the widening of the 405 freeway that includes no Toll Lanes
Councilmember Boardman discussed proposed alternatives to widening the 405 Freeway presented by OCTA representatives at a previous Council study session, and recommended that the OCTA Board pursue Alternative One or Two, both of which do not include toll lanes.
Mayor Pro Tern Harper discussed why toll lanes comply with Federal guidelines and his support for the addition of two lanes. He requested that the motion on the floor be amended to specifically support Alternative 2.
Mayor Pro Dwyer provided support for Alternative Two.
Councilmember Bohr expressed support for keeping Alternative 3 an option, discussed the amount of revenue toll lanes bring in.
Mayor Hansen recommended no action be taken at this time to consider additional information that has not yet been presented. He discussed how Measure M, when presented to the voters, Council/ PFA Regular Minutes
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did not include information relative to Alternatives Two and Three. He also discussed the project's potentialimpactsto neighboringcities, andthe consensusreachedamongtransit plannersthatinorderforanyAlternativetobesuccessful, it mustexistinthecurrentright-of- way.
CouncilmemberHarpervoicedsupportfor the infrastructureimprovementsidentifiedin Alternative Two, but concurred with Mayor Hansen' s suggestion to table a decision.
Councilmember Shaw voiced concerns about bond issuance and where the funds will be appropriated.
A motionwas madeby Boardman, secondHarperto requestthatthe CityCouncilmakea recommendationto the OCTABoardthattheypursueAlternativeTwoas describedinthe EIR for the 405 improvements, amended to include this alternative expands the lanes by two eachwaywithouttheadditionof toll lanes. Themotioncarriedbythefollowingrollcallvote:
AYES: Shaw, Harper, Dwyer, and Boardman
NOES: Hansen, Carchio, and Bohr
22. Submitted by Mayor Hansen - Fireworks - Direct the City Attorney to draft a Charter Amendmentto be placedonthe November2012Ballotapprovingthe saleof CaliforniaState - Approved Fireworks
MayorHansendiscussedthewidespreadopinionbythoseinfavor of fireworkusein Huntington Beach. Heopinedthata majorityofthoseuncomfortablewiththeiruserelatemoreto illegal, ratherthan safeandsanefireworks, andhisintentto putthe decisioninthe handsofthe community.
MayorProTemDwyerprovidedsupportforbringingtheitemtothevoters, andsharedhis observations of illegal firework use and how it should be considered separately.
CouncilmemberBoardmanrecognizednon -profitsbeingableto raisemoneythroughfireworks sales, butalsoexpressedconcernsaboutreducedpublicsafetyresources, describingher experienceduringa 4th of Julyholidayridealongwithfire suppressionteams. She opposed the request, statingthat Councilwouldnotbe ableto repeala charteramendment.
CouncilmemberHarpersupportedthe proposal, expressedconcernsthatsomeof thecomplaint callsto publicsafetyofficialsmaybepoliticallymotivated, andhowfireworkswillbeused regardless of whether or not their use is legalized.
While Councilmember Carchio supported the use of safe and sane fireworks, he felt the Council shouldfollowthroughwiththeir pledgeto citizensthata two-yearpilotprogrambecarriedout before placing a charter amendment on the ballot.
CouncilmemberShawopposedthe proposedCouncilinitiative, and reada writtenstatement preparedbypublicsafetystaffabouthowreducedresourcescannotrespondappropriatelyand successfully meet safety obligations.
CouncilmemberBoardmanopinedthatwhilethe holidayseemedto presenta smalleramount of problemsthaninrecentyearsduetocoolweatherandtakingplacemidweek, thepilot Council/ PFA Regular Minutes
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program should be carried out to consider a more true experience.
Police Officer Russ Reinhart recognized budget cuts that have placed a burden on resources, but stated the Police Department will always do their best to keep service levels acceptable. He and Councilmember Bohr discussed complaint call volume, and how maximum deployment on July 4 resulted in not enough Officers to respond to calls.
Fire Marshall Eric Engberg acknowledged problems and discussed how public safety on this holiday continues to present challenges.
City Clerk Flynn reminded Council of election -related deadlines associated with successfully placing the item on the November 6, 2012 ballot. A special meeting will be held on July 23 to meet the deadlines.
A motion was made by Hansen, second Harper to direct the City Attorney to draft a Charter Amendment to be placed on the November 6, 2012 Ballot that prohibits the City of Huntington Beach from restricting the sale of California State -Approved Fireworks in any manner that would be inconsistent with our currently approved policies and ordinances. The motion carried by the following roll call vote:
AYES: Harper, Dwyer, Hansen, and Bohr
NOES: Shaw, Carchio, and Boardman
COUNCILMEMBER COMMENTS ( Not Agendized)
Councilmembers Bohr and Harper reported attending DJM Capital's "Topping Out BBQ" on Tuesday, July 3; Mayor Hansen reported attending the NSSA National Championship on July 3; Councilmembers Harper, Dwyer and Boardman reported attending the Downtown Art Center Escape from the Landfill" event on July 14; all Council recognized the Fourth of July Board and HB Explorers for a successful Independence Day; Councilmember Boardman wished Eileen Murphy a happy 96th birthday; and, Councilmember Carchio recognized members of the Kiwanis Club, Dave Simcox and Junior Lifeguards for a successful Pancake Breakfast.
ADJOURNMENT at 11:17 PM to the next regularly scheduled meeting of Monday, August 6, 2012, at 4: 00 PM in Room B-8, Civic Center, 2000 Main Street, Huntingt n Beach, California. oil""'Jilow)
CityMrk andex-officioCler f the City
Council of the City of Huntington Beach,
Secretary of the Huntington Beach Public
Financing Authority of the City of Huntington
Beach, California
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TEST:
ity Clerk -Secretary V Mayor - Chair