HomeMy WebLinkAbout2000-11-20Minutes
City Council -Redevelopment Agency
City of Huntington Beach
5:00 P.M. - Room B-8
7:00 P.M. - Council Chamber
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Monday, November 20, 2000
An audiotape of the 5:00 p.m. portion of this meeting
and a videotape of the 7:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Call To Order
Mayor Garofalo called the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach to order at 5:05 p.m. in Room B-8.
City Council — Redevelopment Agency Roll Call
Present: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
Absent: Harman
(City Council) City Clerk Announces Late Communications Which Pertain to Items on the
Agenda Relative, to Nowotny v. City. Other Communications Distributed by Appellant's
Attorney. (120.80)
Pursuant to the Brown (Open Meetings) Act, the'City Clerk announced the following Late
Communications regarding agenda items that had been received following distribution of the
agenda:
Communication dated November 15, 2000 from Jeffrey C. Freedman of Jenkens & Gilchrist,
LLP as Special Counsel transmitting his intent to recommend to the City Council that it utilize
procedures similar to those used by the Personnel Commission of the City of Huntington Beach
in the consideration of recommended decisions from hearing officers. Communication titled
Appeal by Charles Nowotny Re: Disability Retirement.
Communication dated November 18, 2000 from the City Attorney's Office transmitting the procedure
for conducting the hearing in the matter of Employer's Application for Disability Retirement of Charles
Nowotny v. City of Huntington Beach. Communication titled Procedure for Conducting the Hearing in
the Matter of Employer's Application for Disability Retirement of Charles Nowotny v. City of
Huntington Beach; Office of Administrative Hearing Case No. L-20000030602; Hearing 5:00 p.m.,
November 20, 2000.
Page 2 - Council/Agency Minutes — November 20, 2000 (2)
Public Comments
Kreg Muller, Police Officer's Association representative, stated that he appreciated the fact that
the Police Officer's Association and the city are back in negotiations and he appreciates that the
Assistant City Administrator will be at the negotiation table.
Russell Reinhart, Police Officer's Association representative, stated the need to be able to
bring a complete proposal to their membership and urged the cooperation of Council.
Joe Racano addressed Council regarding the agenda item regarding the Public Utilities
Commission. He spoke regarding the importance of having the Public Utilities Commission
reconsider its decision authorizing Southern California Water to provide water and waste
services to Hearthside Bolsa Chica Mesa project. He referred to the 1978 study of the previous
Council relative to preservation of Little Shell and urged the City Council to save the Little Shell
with the inclusion of the buffer zone.
Jan Vandersloot congratulated Shirley Dettloff for the action she took on behalf of the city in
her role of a Coastal Commissioner. He stated that her service to the city was very much
appreciated. He urged that Little Shell wetlands be kept in the city; that it will be easier for the
city to obtain grant money and to gain restoration. Dr. Vandersloot requested the City Council
join in a petition for a rehearing by the Public Utilities Commission to request reconsideration of
its decision authorizing Southern California Water to provide water and waste service to
Hearthside Bolsa Chica Mesa project. He stated that he believes that the City Council is giving
up its rights in this mater.
Dean Albright congratulated Shirley Dettloff for her action at the Coastal Commission in
support of The Bolsa Chica. He distributed a map to the City Councilmembers showing the
traffic problems and traffic counts which would be encountered if The Bolsa Chica were
developed.
(City Council) Adopted and Upheld in its Entirety Proposed Decision of the Office of
Administrative Hearing Granting Disability Retirement Application in the Charles
Nowotny v City of Huntington Beach Case and Denying Nowotny Appeal (630.40)
The City Council considered a communication from the City Attorney requesting the granting of
the application for a disability retirement in Nowotny v City of Huntington Beach.
Attachments to staff report are available at the City Clerk's Office for public review
Also transmitted for Council information was a communication from the City Attorney's Office
dated November 16, 2000 Re: In the Matter of Employers Application for Disability Retirement
of Charles Nowotny v. City of Huntington Beach, Office of Administrative Hearing Case No. L-
20000030602.
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late
Communications regarding agenda items which had been received following distribution of the
agenda:
Communication dated November 15, 2000 from Jeffrey C. Freedman of Jenkens & Gilchrist,
LLP as Special Counsel transmitting his intent to recommend to the City Council that it utilize
(3) November 20, 2000 - Council/Agency Minutes - Page 3
procedures similar to those used by the Personnel Commission of the City of Huntington Beach
in the consideration of recommended decisions from hearing officers. Communication titled
Appeal by Charles Nowotny Re: Disability Retirement.
Communication dated November 18, 2000 from the City Attorney's Office transmitting the procedure
for conducting the hearing in the matter of Employer's Application for Disability Retirement of Charles
Nowotny v. City of Huntington Beach. Communication titled Procedure for Conducting the Hearing in
the Matter of Employer's Application for Disability Retirement of Charles Nowotny v. City of
Huntington Beach; Office of Administrative Hearing Case No. L-20000030602; Hearing 5:00 p.m.,
November 20, 2000.
Late Communications Distributed to Council
The following communications were distributed during this meeting:
Communication dated November 15, 2000 from Jeffrey Freedman, Esquire, Jenkens and Gilchrist;
Gregory Peterson, Peterson Law Firm; and Michael Westheimer, Esquire, Liebert, Cassidy &
Whitmore titled Appeal by Charles Nowotny Re: Disability Retirement.
Communication titled In the Office of Administrative Hearings, State of California OAH File Number
L-20000030602.
Communication titled For the Personnel Commission for the City of Huntington Beach -The Matter of
the Dispute Between the City of Huntington Beach and Police Detective Charles Nowotny.
Communication titled Taxpayers of Huntington Beach.
Mayor Garofalo announced the procedure to be followed as outlined in the City Attorney's
communication to the City Council, dated November 18, 2000.
Gregory Peterson, Attorney at Law, Peterson Law Firm, representing the appellant addressed
Council. He cited CALPers (Personnel) Rule 8, distributing copies of the section to Council.
Mr. Peterson stated that the city has not been in compliance. He expressed the opinion that the
action taken is retaliatory, and stems from the fact that Officer Nowotny filed for the arrest of an
alleged felon. The Police Chiefs son.
City Attorney Gail Hutton introduced Jeffrey Freedman, Attorney, Jenkens and Gilchrist,
independent special counsel to the city who addressed Council. He rebutted Mr. Peterson's
statements as irrelevant, stating that the proper procedures for determining a disability retirement
have been taken, and that the award is appropriate. Mr. Freedman referred to Administrative Law
Judge Roy W. Hewitt's adjudication (exhibits A-B in the staff report) as supportive documentation.
Michael Westheimer, Attorney, Liebert, Cassidy & Whitmore, representing the City addressed
Council. He referred to documents in the City Council agenda packet. Mr. Westheimer reiterated
that the preponderance of medical evidence is compelling and points to the fact that even
Officer Nowotny's doctor has diagnosed that he is precluded from performing his duties as a
policeman due to left knee problems which are so severe that it is both debilitating and
degenerative.
Mr. Peterson, Attorney, Peterson Law Firm, restated that Officer Nowotny is not disabled according
to CALPers law and that disability retirement is merely a punitive action. He urged approval of
Page 4 - Council/Agency Minutes — November 20, 2000 (4)
Officer Nowotny's appeal, stating that the rules of the Americans with Disability Act (ADA) need to
be revisited in court. Mr. Peterson posed the question that since city could have retired Officer
Nowotny 20 years ago with his knee problem, why is it just now taking the action to do so.
Mayor Garofalo closed the hearing.
Councilmember Sullivan inquired whether deliberation should be made in open or closed session,
to which Mr. Freedman, Attorney, Jenkins & Gilchrist, responded that it should be in open session.
Councilmember Julien stated that she will be opposing the approval of the recommended action,
expressing her concern that Council is not equipped to judge and ADA requirements ought to be
addressed.
Mayor Garofalo concurred that he will also be opposing seeing no fair and equitable ADA issue
resolved.
Mayor Garofalo closed the hearing.
Following discussion a motion was made by Bauer, second Dettloff to adopt the proposed decision
of the Office of Administrative Hearing in its entirety. The motion carried by the following roll call
vote:
AYES: Green, Dettloff, Bauer
NOES: Garofalo, Julien
ABSTAINED: Sullivan
ABSENT: Harman
Motion to Recess to Closed Session — Approved
A motion was made by Green, second Sullivan to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Amwest Environmental Group, et al. v. City of
Huntington Beach, et al., O. C. Superior Court Case No. 00 CC 08364. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Doherty v. City of Huntington Beach, O. C. Superior
Court Case No. 00 CC00677. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Bolsa Chica Land Trust v California Coastal
Commission, O. C. Superior Court Case No. 00 CC005991. (120.80)
(5) November 20, 2000 - Council/Agency Minutes - Page 5
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer
with its attorney regarding pending litigation based on existing facts and circumstances, the
legislative body of the local agency has decided to initiate or is deciding whether to initiate
litigation. One potential case: Coastal Commission Suspension Letter Related to
CDP 97-15 dated September 12, 2000. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.8 to give
instructions to the Agency's negotiators, Matt Lamb and Ron Hagan, regarding negotiations
with Jack Clapp concerning the purchase of Dwight's Beach Concession Jocated on the east
side of the Huntington Beach Pier, on the south side of Pacific Coast Highway, and north of the
sand line from the Pacific Ocean. Instruction will concern price and terms of payment. (120.80)
Reconvene City Council/Redevelopment Agency Meeting
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on November 20, 2000 (Pursuant to Government Code §54957.1 — Amwest
Environmental Group, et al v. City of Huntington Beach et al — OCSC Case
No. OOCC 08364 — Approved Settlement Agreement Previously Submitted on
November 6, 2000 (120.80)
City Attorney Hutton reported out of closed session that on Monday, November 20, 2000 the City
Council convened in closed session to discuss the matter of Amwest Environmental Group et al v.
City of Huntington Beach. She announced that the City Council voted to approve the Settlement
Agreement previously submitted to Council on November 6, 2000 - (without the stipulation for a
percentage of units to be senior housing). The motion carried by the following vote:
AYES: Julien, Garofalo, Green, Dettloff
NOES: Bauer, Sullivan
ABSENT: Harman
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on October 16, 2000 (Pursuant to Government Code §54957.1(a) (3) (B)) —
Instructed City Attorney not to Request PUC (Public Utilities Commission) for
Reconsideration of So Cal Water Company's Application to Provide Water and Waste
Water System Services to Hearthside Home's Bolsa Chica Mesa Project (120.80)
The City Attorney announced that Council voted on a closed session item: On Monday,
October 16, 2000, the City Council convened in closed session to discuss the Matter of the
Application of Southern California Water Company (U133M for a Certificate of Public
Convenience and Necessity Pursuant to California Public Utilities Code Section 1001 to extend
its West Orange County System to The Bolsa Chica Planned Community, Application
98-11-003; and Related Waste Water System Application. City Council voted to instruct the
City Attorney not to request the PUC (Public Utilities Commission) to reconsider its decision
authorizing Southern California Water to provide water and waste service to Hearthside's Bolsa
Chica Mesa project. The Council voted as follows:
Ayes: Julien, Garofalo, Green, Dettloff, Bauer.
Noes: Sullivan and Harman
Absent: None
Page 6 - Council/Agency Minutes — November 20, 2000 (6)
(City Council) City Attorney Report of Action Taken on November 20, 2000 (Pursuant to
Government Code §54957.1(a) (3) (b)) — Approved Settlement Agreement Between City
Council/Development Agency— Mayer Corporation (120.80)
Coastal Commission — Approved Deed Restriction — (Coastal Development Permit
Suspension Letter) Wetlands along Beach Boulevard.
Pending litigation based on existing facts and circumstances, the legislative body of the local
agency has decided to initiate or is deciding whether to initiate litigation. One potential case:
Coastal Commission Suspension Letter Related to CDP 97-15 dated September 12, 2000.
(120.80)
City Attorney announced the Report of Action taken out of Closed Session: As set forth on the
communication she handed to the City Clerk. On November 11, 2000, the City Council and
Redevelopment Agency met in closed session to consider whether to initiate litigation against
the California Coastal Commission over a suspension letter issued by the Commission
regarding the City's approval of Coastal Development Permit No. 97-15. A copy of the
suspension letter is attached Attachment No. 1. The City Attorney/Agency Counsel announced
the following action out:
1. Approved the Settlement Agreement attached hereto as Attachment No. 2, and the
Deed Restriction attached hereto as Attachment No. 3.
2. Authorized the Mayor Pro Tem/Chairman Pro Tern to execute the Settlement
Agreement and Deed Restriction on behalf of the City/Agency.
3. Authorized the recordation of the Deed Restriction as set forth in the Settlement
Agreement.
The vote was announced as follows: 5 in favor 0 against. The City Attorney then reported the
vote out as 6-(1 abstention); then reported out 6-1 (Garofalo absent). On December 4, 2000 the
City Council/Redevelopment Agency adopted a motion to direct the City Clerk to reflect in the
November 20, 2000 minutes the correct vote as follows: 5 ayes (Garofalo, Harman absent).
Copies of said Settlement Agreement were provided to the City Clerk.
City Council — Redevelopment Roll Call
Present: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
Absent: Harman
Flag Ceremony and Pledge of Allegiance — By Maureen Rivers — Huntington Beach Fourth of
July Executive Board.
Invocation — By Councilmember Dave Sullivan.
City Clerk Announced Late Communications Which Pertain to Items on the Agenda
Communication dated November 15, 2000 from Jeffrey C. Freedman of Jenkens & Gilchrist,
LLP, Special Counsel transmitting his intent to recommend to the City Council that it utilize
(7) November 20, 2000 - Council/Agency Minutes - Page 7
procedures similar to those used by the Personnel Commission of the City of Huntington Beach
in the consideration of recommended decisions from hearing officers. Communication titled
Appeal by Charles Nowotny Re: Disability Retirement.
Communication dated November 18, 2000 from the City Attorney's Office transmitting the
procedure for conducting the hearing in the matter of Employer's Application for Disability
Retirement of Charles Nowotny v. City of Huntington Beach. Communication titled Procedure
for Conducting the Hearing in the Matter of Employer's Application for Disability Retirement of
Charles Nowotny v. City of Huntington Beach; Office of Administrative Hearing Case
No. L-20000030602; Hearing 5:00 p.m., November 20, 2000.
Communication dated November 18, 2000 from the City Attorney's Office transmitting the procedure
for conducting the hearing in the matter of Employer's Application for Disability Retirement of Charles
Nowotny v. City of Huntington Beach. Communication titled Procedure for Conducting the Hearing in
the Matter of Employer's Application for Disability Retirement of Charles Nowotny v. City of
Huntington Beach; Office of Administrative Hearing Case No. L-20000030602, Hearing 5:00 p.m.,
November 20, 2000.
Communication from City Attorney to City Council dated November 18, 2000, subject:: Procedure
for Conducting the Hearing in the Matter of Employer's Application for Disability Retirement of
Charles Nowotny v. City of Huntington Beach; Office of Administrative Hearing Case No .L-
20000030602, Hearing 5:00 p.m., November 20, 2000.
Communication dated November 15, 2000 from Jenkens and Gilchrist, Esq., Gregory Peterson
Esq. and Michael Westheimer, Esq; titled Appeal by Charles'Nowotny Re: Disability Retirement.
Communication titled In the Office of Administrative Hearings, State of California OAH File Number
L-20000030602.
Communication titled For the Personnel Commission for the City of Huntington Beach -The Matter
of the Dispute Between the City of Huntington Beach and Police Detective Charles Nowotny.
Communication titled Taxpayers of Huntington Beach.
Communication dated November 17, 2000 from the City Attorney's Office transmitting a request
to remove the item relative to the administrative Public Hearing from the November 20, 2000
City Council Agenda. The communication is titled Late Communication — Item D-1— 11120100
Meeting — Administrative Public Hearing on Special Assessments for Collecting Delinquent Civil
Fines.
Communication dated November 14, 2000 from Jeffrey & Nancy Lang requesting that Council
concur with the Planning Commission and retain current RM zoning. Communication titled
Proposed Zone Change Per Zoning Map Amendment No. 00-03.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
November 20, 2000. Slide show presentation titled Zoning Map Amendment No. 00-03
(General Plan Consistency — Beach Blvd. Corridor).
Communication dated November 15, 2000 from Kevin C. Kelter of Southridge Homes
transmitting proposed modifications relating to compliance with staff concerns over the project's
Page 8 - Council/Agency Minutes — November 20, 2000 (8)
design details. Communication titled Southridge Homes, Appeal of Tentative Tract Map No.
15964 and Conditional Use Permit No. 99-73 (13 Unit Subdivision Holly and Main Street).
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
November 20, 2000. Slide show presentation titled. Southridge Homes Appeal — 13-Unit Small
Lot Subdivision — Tentative Tract Map No. 15964 — Conditional Use Permit No. 99-73.
Communication dated November 17, 2000 from the City Clerk's Office transmitting a
communication from Tuchman and Associates, Attorneys at Law stating their intention of
submitting an objection letter either on November 17, 2000 or November 20, 2000.
Communication titled Communication dated November 16, 2000 from Tuchman & Associates,
Attorneys at Law, to the Huntington Beach City Clerk titled Burlington Coat Factory Warehouse
of Huntington Beach, Inc. v. Huntington Center Associates, LLC — For Hearing
November 20, 2000 — Our File No. 9956.
Communication dated November 16, 2000 from the City Attorney's Office transmitting the
Mayor's Statement relating to the Public Hearing on Eminent Domain. Communication titled
Mayor's Statement before Hearings on Eminent Domain Resolution for Montgomery Wards and
Burlington Coat Factory, City Council Meeting of November 20, 2000.
Communication dated November 20, 2000•from Sean P. O'Connor of Sheppard, Mullin, Richter
& Hampton, LLP representing Montgomery Ward, LLC and Montgomery Ward Development,
LLC transmitting Montgomery Ward's comments and objections to the proposed adoption of a
Resolution of Necessity pursuant to Redevelopment Agency Resolution No. 315.
Communication titled Proposed Agency Resolution No. 315 to Adopt a Resolution of Necessity
for Condemnation of Montgomery Ward's Property.
Communication dated November 20, 2000 from Aviv Tuchman of Tuchman & Associates,
Attorneys at Law, submitted as a supplement to their letter dated November 7, 2000 and is in
conjunction with the numerous letters that they have sent over the last several weeks re:
November 20, 2000 public hearing. Communication titled City Council Meeting on Monday,
November 20, 2000 Re: Adoption of Resolution of Necessity.
Communication dated November 20, 2000 from Aviv Tuchman of Tuchman & Associates,
Attorneys at Law, submitted as a supplement to their letter dated November 20, 2000.
Communication titled City Council Meeting on Monday, November 20, 2000 Re: Adoption of
Resolution of Necessity.
Communication dated November 20, 2000 from Aviv Tuchman of Tuchman & Associates,
Attorneys at Law, submitted as a second supplement to their letter dated November 20, 2000.
Communication titled City Council Meeting on Monday, November 20, 2000 Re: Adoption of
Resolution of Necessity.
Slide show presentation dated November 20, 2000 from the Department of Economic
Development. Slide show presentation titled Huntington Center— Hearing on Resolution of
Necessity for Acquisition of Property — November 20, 2000 - Item D-4.
Attachment No. 6 submitted by the Planning Department to the City Clerk's Office on November
20, 2000. Attachment No. 6 consists of the Fiscal Impact Statement (FIS). Communication
titled Attachment 6 — FIS 2001-07 Approve Consulting Services Contract Amendment No. 3 with
.rj .
(9) November 20, 2000 - Council/Agency Minutes - Page 9
EDAW, Inc. for Completion of Environmental Impact Report No. 97-2 for the Parkside Estates
Project.
Communication dated November 20, 2000 from Jeffrey M. Oderman of Rutan & Tucker, LLP
writing on behalf of HB CARES & Abdelmuti Development Co. transmitting their opposition to
the proposed amendments to the City's General Plan/Local Coastal Program, the Downtown
Specific Plan, and the Zoning Text Amendment relating to the Downtown Parking Master Plan
Update. Communication titled Proposed Amendments to the City's General Plan/Local Coastal
Program, Downtown Specific Plan, and Zoning Text Amendment Relating to the Downtown
Parking Master Plan Update.
Communication submitted by the Department of Public Works to the City Clerk's Office on
November 20, 2000 transmitting a list of current Public Works Commissioners. Communication
titled Public Works Commissioners — Updated February 16, 2000.
Communication dated November 20, 2000 from the Department of Public Works transmitting a
printout of the City's water services information and charges for the Equestrian Center located in
Huntington Central Park. Communication titled Equestrian Center Water Cost.
Communication from Burlington Coat Factory — site plans for Huntington Center.
Communication from Loren Cohen, Burlington Coat Factory, titled Pacific Promenade Specific
Plan.
Communication from Economic Development Department dated November 20, 2000 titled
Substitution of Resolution of Necessity — Resolution No. 315.
Communication from Sheppard, Mullin, Richter and Hampton, LLP, dated November 20, 2000
titled Index of Documents Relating to Proposed Agency Resolution No. 15 to Adopt a
Resolution of Necessity for Condemnation of Montgomery Ward's Property.
Communication from George Toberman Construction Company dated November 20, 2000 Re:
Southeast Coastal Industrial Area
Communication from Public Works Department dated November 20, 2000 titled Seapoint
Avenue and Doral Drive — Traffic Signal Installation
Presentation — To Mayor Dave Garofalo, Community Services Director Ron Hagan, and
Division Head of Cultural Services Michael Mudd, a check in the amount of $75,000 from the Art
Center Foundation Board of Directors, Dr. Gerald Chapman, Diana Casey, Mike Adams,
Dr. Gil Fujimoto, Helen Spencer, Mary Warren and John Gilbert.
Presentation- By Mayor Dave Garofalo to Pat Steir, past President, and Maureen Rivers, past
Vice President, Fourth of July Executive Board, a certificate from the Orange County Register
for Best Parade in Orange County for 1999.
Presentation — By Mayor Dave Garofalo, Mayor Pro Tern Tom Harman and Councilmember
Dave Sullivan to Maureen Rivers and Karen Pederson, plaques for five years of outstanding
service on the Fourth of July Executive Board.
Page 10 - Council/Agency Minutes — November 20, 2000
(10)
Presentation — By Mayor Dave Garofalo to Jerry Kuhn, District Manager, Automobile Club of
Southern California, a Proclamation recognizing the 1001h Anniversary on December 13, 2000 of the
Automobile Club of Southern California (AAA).
Presentation — To Mayor Dave Garofalo, Mr. Tim Smith, and Mr. Ed Laird, Board Members,
Orange County Education and Research Cancer Foundation by Members of the Guns and
Hoses Golf Committee, from Huntington Beach Police Officer and Chairman of Guns and Hoses
Committee Corwin Bales, H B Firefighters' Association President Rick Fey, and H.B Police
Officers' Association President Russell Reinhart, a check for $25,000 for the Orange County
Cancer Foundation.
Presentation — By Mayor Dave Garofalo and Ms. Joanne Fernbach, Huntington Harbour
Philharmonic (HHPC) Committee, Vice Chairman/Parliamentarian, and HHPC Committee
Members, checks to representatives from schools in the Ocean View School District, Huntington
Beach Elementary School District, Huntington Beach Unified School District, Hebrew Academy
and St. Bonaventure Catholic School.
FROM OCEAN VIEW SCHOOL DISTRICT:
Hope View School:
Harbour View School
Village View School
Mesa View School
Marine View Middle School
FROM HUNTINGTON BEACH HIGH
SCHOOL DISTRICT:
Smith School
Dwyer Middle School
FROM HUNTINGTON BEACH UNIFIED
SCHOOL DISTRICT:
Marina High School
Huntington Beach Academy for the
Performing Arts
FROM TWO PRIVATE SCHOOLS
Hebrew Academy
St. Bonaventure
Mayor's Award
Mr. Dan Moss, Principal and Jan Overton, Music
Teacher
Mrs. Roni Ellis, Principal
Mrs. Anna Dreifus, Principal and Mrs. Kester,
Music Teacher
Mr. Rodriguez, Assistant Principal
Mrs. Liz Williams, Principal and Mrs. Lyn Silver,
Music Teacher
Mr. Mike Andrzejewski, Principal
Mr. Smith, Music Teacher
Dr. Carol Osbrink, Principal and Victor
Rodriguez, Musical Director
Mr. Craig Jensen, Vocal Music Director
Mrs. Nancy Field, Principal and Mrs. Kern,
Music Teacher
Sister Carmel, Principal and Mrs. Donna
Jakubowski, Music Teacher
The Mayor's Award was presented to Police Sergeant Dave Bunetta in recognition of his
apprehension and conviction of the criminal who assaulted women in Huntington Beach and
other areas in the county.
(11) November 20, 2000 - Council/Agency Minutes - Page 11
(City Council) Final Report on the Urban Runoff/Coastal Action Plan for the Period June
1998 through September 2000 — Staff Report Requested (520.30)
The City Council heard a presentation from the Director of Public Works,. Robert F. Beardsley,
regarding the Urban Runoff, Coastal Action Plan, Final Report: Huntington Beach Water Quality
Investigation. The report covered the action plan; Important Conclusions; Possible
Contamination Source Examined; Groundwater and Sewer Lines; Urban Runoff; Talbert Marsh;
Orange county Sanitation District (OCSD) Outfall; OCSD Action Plan; Effect of AB411 and
Conclusion of Comprehensive Study.
Councilmember Green addressed Council regarding the report including pump station
temporary diversions to the Orange County Sanitation District. Public Works Director Berdsley
reported.
Public Works Director Beardsley responded to Councilmember Bauer regarding what agency
will serve as lead in the study.
City Administrator Silver reported on the matter of the lead agency stating that the county would
be lead as far as is presently known. He reported regarding financial aspects of the matter.
The Director of Public Works responded to Councilmember Bauer stating that a report could be
made as to what agency is in charge and also to communicate with the responsible agency.
City Administrator Silver reported further.
Councilmember Bauer requested a report to include a determination as to which agency is in
charge; to communicate with the responsible agencies, address lag time in measurements;
feeding of birds should be discouraged in order to lessen contaminants. Mayor Garofalo
presented comments.
Deferred Consent Calendar Items from November 6, 2000
The following Consent Calendar agenda items were considered by Council. These items had
been deferred from the November 6, 2000 meeting.
(City Council) - Adopted Goal Approved by CalTrans for the -Annual Disadvantaged
Business Enterprises (DBE) Program for Local Agencies to Receive Funds from the
Federal Highway Administration (FHWA) for Fiscal Year 2000/2001— Authorized the Public
Works Director to Execute DBE Program (340.70)
A motion was made by Sullivan, second Garofalo to 1. Approve the Annual Disadvantaged
Business Enterprises (DBE) goal of 5.4%; and 2. Authorize the Director of Public Works to
execute the attached Disadvantaged Business Enterprise (DBE) Program for Local Agencies.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
Page 12 - Council/Agency Minutes — November 20, 2000 (12)
(City Council) Approved Stipend Increase from $100 to $150 Per Month for Reserve
Police Officers and Approved $50 Per Day Additional Compensation for Part -Time
Criminalists Placed on "On -Call" Court Status (700.20) A motion was made by Sullivan,
second Green to : ' 1. Approve an increase in the stipend for Reserve Police Officers from $100
to $150 per month; and 2. Approve additional compensation of $50 per day for part-time
Criminalists placed on an on -call court status that falls outside of actual hours worked. The
motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
(City Council) - Approved Amendment No. 2 Extending for an Additional Year the
Professional Services Contract between the City and the Ferguson Group, LLC for
Federal Funding Acquisition Assistance in its Intergovernmental Affairs Program —
Approved Settlement Committee's Recommendation for a Waiver of Insurance Liability
Requirements (600.10) A motion was made by Garofalo, second Sullivan to: 1. Approve and
authorize execution of Amendment No. 2 to Professional Services Contract between the City of
Huntington Beach and the Ferguson Group, LLC to Assist the City in its Intergovernmental
Affairs Program; and 2. Approve a waiver of insurance requirements as recommended by the
Settlement Committee. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
(City Council) Report Requested Regarding Calling for Consultant Bids on a Regular
Cycle For Assistance In Obtaining Federal Funds (100.10)
Mayor Garofalo requested that a report be prepared relative to establishing a policy of going out
to bid on a regular cycle for professional services for federal funding acquisition assistance.
(City Council) Request For Consideration be Given Regarding Employing a Consultant to
Lobby the State and Consultant to Lobby the Federal Government (640.50)
Mayor Garofalo requested that consideration be given to employing a consultant that lobbies the
State Government and employment of a separate consultant to lobby the Federal Government
on behalf of the city.
Report Card System Suggested for Consultants Hired to Lobby Legislature (640.50)
Mayor Garofalo suggested that a report card system be developed which would ask the
legislators to rate the consultants which the city has hired to lobby them.
(13) November 20, 2000 - Council/Agency Minutes - Page 13
(City Council) - Approved Amendment No. 1 Extending for an Additional Year the
Professional Services Contract between the City and Morshed & Associates for Federal
Funding Acquisition Assistance in its Intergovernmental Affairs Program — Approved
Settlement Committee's Recommendation of a Waiver of Insurance Liability Requirements
(600.10)
A motion was made by Sullivan, second Bauer to 1. Approve and authorize execution of
Amendment No. 1 to Professional Services Contract between the City of,Huntington Beach and
Morshed & Associates to Assist the City in its Intergovernmental Affairs Program; and 2. Approve
a waiver of insurance requirements as recommended by the Settlement Committee. The motion
carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
(City Council) - Authorized Appropriation From the General Fund and the Transfer into the
Public Works Intelligent Transportation System Project Account for Fiber Optic
Communication Links for City Facilities Along Gothard Street for Fiscal Year 2000-2001
(320.20)
Councilmember Bauer spoke regarding the merits of this item.
Councilmember Sullivan stated that he has spoken to Fire Chief Dolder regarding what a good
opportunity this is for the city. He informed Council that he believes money will be saved by the
city as a result of this project.
A motion was made by Sullivan, second Bauer to: Authorize the appropriation of $590,000 from
the Undesignated, Unappropriated General Fund Reserves and the transfer to the Public Works
Department's Fiscal Year 2000/2001 Intelligent Transportation System Project Account. The
motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
(City Council) - Approved as Amended the Fiscal Year 2000-2001 Traffic Signal Installation
Priority List of 29 Citywide Intersections - Amended to Include Traffic Signal at Doral Drive
and Seapoint Avenue — Information Requested on Future Traffic Priority Lists (580.10)
The City Council considered approval of the 2000-2001 Traffic Signal Installation. Priority List
submitted by the Public Works Director.
The Council also considered a late communication from the Public Works Director dated November
20, 2000 titled Seapoint Avenue and Doral Drive — Traffic signal Installation.
It was requested by Council that the Public Works Director include in future lists, a list of all of the
intersections that need attention, or may be taken off the priority list. Tom Brohard, Interim Traffic
Engineer, stated that this would be done.
Page 14 - Council/Agency Minutes — November 20, 2000 (14)
A motion was made by Julien, second Green to: Approve the 2000-2001 Traffic Signal Installation
Priority List and to include traffic signal installation at Seapoint Avenue and Doral Drive with a
$35,000 expenditure for such signal. The priority list of 29 intersections was developed In
accordance with the State of California's Traffic Manual that evaluates the following criteria:
pedestrian and vehicle volumes, traffic speeds, number of traffic lanes, and reported accidents.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
Councilmember Bauer spoke regarding examples of intersections where there is a lack of left turn
arrows and requested to know whether the city has reviewed the matter and whether a program is
in place.
Mr. Brohard, Interim Traffic Engineer, responded that the city does have a review procedure and
that outside grant funding is aggressively pursued for locations which may have a higher than
anticipated number of accidents, left turn accidents in particular. He stated that funds are being
expended in this area from a grant received, and that the Newland Street intersection is included.
Councilmember Bauer requested that a list be made available.
Councilmember Bauer stated that he believes there should be some debate on the rationale used
when placing traffic signals at intersections such as Heil Avenue and Algonquin Street which is
primarily a residential neighborhood, and where signals take some of the character away from it.
Councilmember Bauer also stated that he would like to know the rationale of the intersection of
Bolsa Chica and Pearce Streets being on the list as it may interfere with the flow of traffic.
Councilmember Julien asked why some intersections were higher in priority on the list than were
those intersections that had bad accidents. Interim Traffic Engineer Tom Brohard reported.
(City Council) Deferred from November 6, 2000 - Approved a Professional Services Contract
Agreement between the City and Concept Marine Associates, Inc. for On -Call Construction
Management Services (600.10)
A motion was made by Julien, second Green to approve and authorize the Mayor and City Clerk to
execute the Professional Services Contract between the City of Huntington Beach and Concept
Marine Associates, Inc. for Construction Management Services and authorize the Director of Public
Works to compensate for such services in accordance with the contract provisions, not to exceed
$1 million. per contract year. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
(15) November 20, 2000 - Council/Agency Minutes - Page 15
The Following Administrative Item Is Brought Forward From November 6, 2000:
(City Council) - Approved Introduction of Ordinance No. 3480 to Add HBMC §5.67
Pertaining to Non -Consensual Towing Services (Police Department Directed Towing) —
Approved Introduction of Ordinance No. 3481 to Amend HBMC §5.66 Removing
Permitting Requirements for Non -Consensual Towing Services — Adopted Resolution
No. 2000-100 to Establish City Fee Schedule for Non -Consensual Towing Services
(530.30)
The City Council considered a communication from the City Attorney and the Chief of Police
regarding whether the city should delete permitting requirements and establish rate regulation
for non-consensual towing services.
Communication received in the City Clerk's Office on November 2, 2000 from the Law Office of
Rose Marie Hollander dated November 1, 2000 is included in the agenda packet. The letter is
in opposition to various issues of the proposed agenda item, including, but not limited to
nonconforming uses and the level of authority of the Police Chief.
Communication received in the City Clerk's Office on November 13, 2000 from Robert and
Connie Mandic is included in the agenda packet. The letter is written to the Towing Ordinance
Council Committee dated November 13, 2000 and titled Police Directed Towing Ordinance.
City Administrator Silver reported on the agenda item.
A motion was made by Dettloff, second Green to approve the following recommended actions:
1. After City Clerk reads by title, approve introduction of Ordinance No. 3480 — "An Ordinance of
the City of Huntington Beach Adding Chapter 5.67 to the Huntington Beach Municipal Code
Relating to Non -Consensual Motor Vehicle Towing Service; and 2. Adopt Resolution
No. 2000-100 — "A Resolution of the City Council of the City of Huntington Beach Establishing a
City Fee Schedule for Non -Consensual Towing Services Pursuant to Huntington Beach Municipal
Code §5.67.030," and After City Clerk reads by title, approve introduction of Ordinance No. 3481
— "An Ordinance of the City of Huntington Beach Amending Chapter 5.66 of the Huntington Beach
Municipal Code Relating to the Motor Vehicle Towing Services." The motion carried by the
following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
Mayor Pro Tern Harman arrived at the Council meeting at 8:30 p.m.
City Clerk Announces Late Communications from 5:00 p.m. City Council Meeting.
The City Clerk announced that the communications submitted by the appellant's attorney during
the 5:00 p.m. portion of this Council meeting is on file in her office. She stated that she had
neglected to include these late communications when she had announced the late
communications earlier in this meeting.
Page 16 - Council/Agency Minutes — November 20, 2000 (16)
Public Comments
George Arnold addressed Council regarding various city matters including the recent City
Council election. He congratulated Councilmember Harman on his election to the State
Assembly.
John Scott, representing the Southeast Huntington Beach Neighborhood Association, spoke
regarding the difficulties that his association has encountered in obtaining a playground at
Eader Park. He spoke in support of the item regarding proposed Eader Park playground
equipment placed on this meeting's agenda by Councilmember Sullivan.
Chuck Scheid spoke regarding what he believes are the huge increases being given out
relative the Consent Calendar agenda item — Resolution No. 2000-13, Memorandum of
Understanding between the city and the Fire Fighters' Association.
Greg Petersen spoke regarding the item placed on the agenda by Councilmember Sullivan
which requests the City Administrator to explore the possibility of the County Sheriff providing
police services. He stated that he believes Council loses each law suit filed against the city
because the city does not follow the law. He spoke regarding what he believes are the causes
of costly litigation. He acknowledged the City Clerk's late introduction of the communications
which he presented on behalf of the appellant during the 5:00 p.m. portion of the meeting.
Linda Moon stated that the Amigos de Bolsa Chica and the rest of the environmental
community are elated at the California Coastal decision on The Bolsa Chica. She thanked
Councilmember Bauer and Sullivan for appearing before the Coastal Commission and thanked
Councilmember Harman for his letter to the Coastal Commission. She thanked Councilmember
Dettloff for her eloquent arguments in support of the city's decision.
James Snyder urged Council to approve the proposed renovation of the Huntington Center
Mall as the decision of Council may well affect the city for years to come.
Pat Rogers, Marketing Director and Manager of Huntington Center, spoke regarding what she
believes is a project planned to be spectacular and a project which conforms to the wishes of
the majority of the residents and business persons in the city.
Don McGee spoke regarding the sewage discharge into the ocean and asked what will happen
if the pipe bursts. He spoke against eminent domain at Huntington Center and the removal of
Wards and Burlington Coat Factory. He congratulated Councilmember Dettloff for her action as
a Coastal Commissioner on The Bolsa Chica.
Tarik Kayssi spoke on behalf of his family, requesting that the Burlington Coat Factory not be
moved so that his mother will not lose her job.
Alex Osman requested that Council not approve the eminent domain at Huntington Center so
that she can retain her employment at Burlington Coat Factory
Marram Kayssi presented reasons why Burlington Coat Factory should not be removed
including the needs of single families and needs of children.
(17) November 20, 2000 - Council/Agency Minutes - Page 17
Connie Boardman, City Councilmember-elect, stated that she does not believe in
condemnation of property where Burlington Coat Factory and Montgomery Wards are located,
she stated the proposal for eminent domain may be due to what she believes may be a
developer paying too much money. She disagreed with the statement made earlier in the
meeting that ocean pollution is caused by the feeding of birds. She thanked Councilmember
Dettloff for actions as a Coastal Commissioner and thanked Councilmember Harman for his
support for the Coastal Commission decision. She stated she looks forward to working with
Assemblyman Harman as a City Councilmember. She thanked Councilmember Sullivan stating
that she hopes that she can do half the job that Councilmember Sullivan has done for the city.
Eileen Murphy thanked Councilmember Dettloff for the great job she did on the Coastal
Commission relative to The Bolsa Chica issue. She requested that Council reconsider its
decision relative to not requesting that the Public Utilities Commission reconsider its decision
relative to authorizing Southern California Water Company to provide water and waste service
to Hearthside Bolsa Chica Mesa project.
Cole Helnei spoke in opposition to eminent domain of Montgomery Wards and Burlington Coat
Factory. He spoke regarding the definition of the word eminent domain and contributions to
Councilmembers from Ezralow Company.
Angie Tanner displayed a photo of her daughter. She requested that Burlington Coat Factory
not be removed from Huntington Center as the company provides employee benefits to her and
she does not wish to go on welfare.
Diania Burresa displayed Burlington Coat Factory men's wear to show the quality of goods
sold. She displayed other items for which the exact same item is sold elsewhere for more
money than as charged at Burlington Coat Factory.
Lynn Gutierrez spoke regarding the merits of Burlington Coat Factory including the
employment its provides to so many segments of the work force.
Fabian Hernandez spoke regarding what he believes is the unlawful use of eminent domain at
Huntington Mall.
John Sonnenberg stressed that not many employers offer medical benefits to part-time
employees as does Burlington Coat Factory. He stated it is great place for employees to start
out. He stated there are other ways to keep Burlington Coat Factory in the city.
Serafin Rios spoke regarding his need to retain his job at Burlington Coat Factory.
Sara Herman questioned why a good store such as Burlington Coat Factory is being taken
away from the city. She stated that she believes that Council has already made its decision.
Sean Cotter stated that his health has changed and he will be needing a medical procedure to
save his life. He informed Council that if he loses his benefits that he receives at Burlington
Coat Factory he will not be able to have his needed- care.
Andrew Vehlinger stated that he had voted for Councilmember Julien. He requested her
support. He stated that the Burlington Coat Factory works around his work schedules; that
other stores at which he had applied for employment could not.
Page 18 - Council/Agency Minutes — November 20, 2000
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Ramiro Lopez informed Council that he is a student and likes his job at Burlington Coat
Factory. He stated that his salary pays for his college; car, and books. He stated that Council's
decision will affect the employees and the patrons in the community.
Linda Withers spoke regarding the employee benefits provided to part-time workers by
Burlington Coat Factory and questioned where else students can find these benefits. She
stated Wal-Mart, K-Mart, and Mervyns only give medical benefits only to full-time employees.
Erika Singh spoke regarding how she feels Burlington Coat Factory employees are her family
and her family is far away in Mexico. She stated the uncertainty the proposed store removal is
causing her.
Patricia Rocha stated her employment at Burlington Coat Factory allows her to work close to
her father who has cancer and diabetes and also to care for her newborn baby. She stated that
Burlington Coat Factory is willing to give time -off when she needs it and to leave at a moment's
notice in an emergency. She stated that the removal of Burlington Coat Factory is taking away
from all of the families of all of the 136 employees.
Lupe Hernandez stated that her family and community would be hurt by the removal of
Burlington Coat Factory from the mall.
Tony Dennis requested that Council stop and think and listen to the people who have spoken.
He stated that Burlington Coat Factory is good for the community.
Ronnie Paco stated that Burlington Coat Factory will fight for what is right. She requested that
Council show them the people who support Council and the removal of Burlington Coat Factory.
She stated that they can show 20,000 people in favor of Burlington Coat Factory remaining.
Lynn Van Buren stated that she left Burlington Coat Factory to work at a store at South Coast
Plaza for a higher paid commission basis and left after one day. She spoke regarding a
customer at the South Coast Plaza store complaining about service and subsequently coming to
Burlington Coat Factory where she received good service.
Kevin Schmidt, Burlington Coat Factory Store Manager, distributed photos of Burlington Coat
Factory employees. He requested that the photos be place in front of the podium for Council to
view. He questioned if Burlington Coat Factory moves, does the city have a new location for it.
Gregory Napier related his fear that his job at Burlington Coat Factory would be the second job
he would be losing. Mr. Napier stated his opposition to the "Italian Village Concept" proposed
by Ezralow Properties for "The Crossings at Huntington Center."
Mahmoud Ayache stated that he is a student who very much appreciates his job at Burlington
Coat Factory.
Tony Pellegrino stated his displeasure at the current method of the street maintenance
program. He stated that he has learned that his street will not be resurfaced. He stated that he
lives near Springdale Street and Slater Avenue. He informed Council that he will be meeting
with the Public Works Director on this matter. Mr. Pellegrino stated that the street will be cut
down and only three-quarters resurfaced, with the remainder left until a later date. He
suggested a cure would be to wait longer and then do the entire street.
(19) November 20, 2000 - Council/Agency Minutes - Page 19
Bob Traver spoke in favor of the project proposed by Ezralow Company at Huntington Center.
He stated that it would be a destination shopping center.
Jerry Racano stated that he had been correct in his assessment of the cause of pollution of the
ocean. He stated that he does not believe it is birds polluting the ocean. He thanked
Councilmember Dettloff and stated that he was proud of Councilmember Bauer relative to his
support of The Bolsa Chica at the Coastal Commission. He stated that he was disappointed in
Councilmember Green's position on this issue.
Councilmember Green stated he has studied the matter very carefully and believes it was an
unjust taking and he believes there is a good law suit there.
Tony Huizing stated that he did not believe a donut shop would be a big draw at the Huntington
Mall. He spoke regarding the merits of Burlington Coat Factory, stating that it is not a lower end
store and will not attract lower end customers. He stated that most of the current patrons will
shop at the new center with Burlington Coat Factory remaining.
Bonnie Eddrich stated that she has found out how many customers love Burlington Coat
Factory. She stated that the patrons come from Los Angeles and other outlying areas to shop
at the store. She stated that Burlington Coat Factory building would be fixed up but their goods
are upscale and they are a money making store as evidenced by their success in the currently
run-down mail.
Bob Gibbons spoke in favor of the Ezralow Company project at Huntington Center. He stated
that this project will enhance the community.
Jim Upp, Executive Director of the Huntington Beach Auto Dealer's Association, stated that it is
time to move forward with the Ezralow after years of inaction at the Huntington Center Mall.
Norm Westwell congratulated Pam Julien, Debbie Cook, and Tom Harman on their recent
election to the City Council and State Assembly respectively. He thanked Councilmembers
Sullivan and Tom Harman for their service to the city. He spoke regarding Water Well No. 11
stating that he did not believe the well should have been filled in and turned over to Fire
Department.
Recess —10:20 p.m. to 10:30 p.m.
(City Council) Announcement of Appointment by Councilmember Peter Green of
Dawna Stanton to the Finance Board (110.20)
The City Council addressed the agenda communication from Councilmember Peter Green,
announcing the appointment of Dawna Stanton to the Finance Board to fill the unexpired term of
Dick Harlow (expiring December 2002).
A motion was made by Dettloff, second Green to receive the announcement of the appointment
by Councilmember Peter Green of Dawna Stanton to the. Finance Board to assume the
remainder of Dick Harlow's term through December 2002. The motion carried unanimously.
Page 20 - Council/Agency Minutes — November 20, 2000
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(City Council) Approved the Appointments to Fill Three Vacancies on the Environmental
Board - Terry Dolton/Albert Hendricker/John McGovern as Recommended by Council
Liaisons Peter Green and Shirley Dettloff (110.20)
The City Council considered a communication from the Planning Director regarding the
recommended appointments by Council Liaisons Peter Green and Shirley Dettloff, to fill three
vacancies on the Environmental Board.
A motion was made by Dettloff, second Green to 1. Appoint Terry Dolton to a first full term
which will expire on December 31, 2004, and 2. Appoint Albert Hendricker to complete the term
for Garry Kepes which will expire on June 30, 2002; and 3. Appoint John McGovern to
complete the term for Alan Merow which will expire. on June 30, 2003. The motion carried
unanimously.
(City Council) Announcement by Mayor Dave Garofalo of the New Huntington Beach
Fully Automated Showmobile Available for Cultural Entertainment at the Pier Plaza and
Other City Venues (900.10)
Mayor Garofalo announced that the city has purchased a new showmobile that is fully
automated, including sound and lighting capabilities for cultural entertainment at Pier Plaza and
other city venues. A PowerPoint slide show report was presented by staff. The slide show
report titled New Huntington Beach Snowmobile was presented by the Community Services
Director Ron Hagan.
(City Administrator) Adopted Resolution No. 2000-109 Approving Agreement between the
City and the State for Federal Aid Program Supplement No. M010 to State Agreement
No. 12-5181 for Funding of the Beach Boulevard Median Landscape Construction
Improvements (600.20)
The City Council considered Resolution No. 2000-109 relative to the funding of the Beach
Boulevard median landscape construction improvements.
A motion was made by Green, second Bauer to adopt Resolution No. 2000-109 — "A
Resolution of the City Council of the City of Huntington Beach Authorizing the Mayor and City
Clerk to Execute Program Supplement No. M010 to Agreement No. 12-5181 for the Beach
Boulevard Median Landscape Construction Improvements." The motion carried by the following
roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
Mayor Pro Tern Harman thanked his fellow Councilmembers and stated he is proud of this
Council for overcoming an economic slump, obtaining grants, and many other fine
accomplishments during the time he has served with these Councilmembers. He thanked City
Administrator Ray Silver and his staff from Department Heads on down. He thanked the
residents for their confidence in electing him to the City Council and now to the State Assembly.
(21) November 20, 2000 -Council/Agency Minutes - Page 21
The Councilmembers commended Councilmember Sullivan and Mayor Pro Tern Harman.
Councilmember Bauer listed in detail the issues in which Councilmember Sullivan and Mayor
Pro Tern Harman were particularly responsible for accomplishing.
Councilmember Sullivan stated that he had enjoyed serving with Councilmember Harman and
that Councilmember Harman was responsible for the regional approach that the city has made.
Councilmember Green and Louncilmember Dettloff extended their appreciation to Mayor Pro
Tern Harman. City Administrator Ray Silver thanked Mayor Pro Tern Harman and
Councilmember Sullivan for their support of management on a personal level even with times
there was disagreement on issues.
(City Council) Administrative Public Hearing — Opened and Continued to December 18, 2000 -
Resolution No. 2000-102 — Approve Certification of Special Assessments for Delinquent Civil
Fines for Municipal Code Violations Against Properties where Public Nuisances Have
Occurred (570.60)
Communication from the City Treasurer and the City Attorney.
The Mayor announced that this was the time scheduled for an administrative hearing as
required by the California Government Code Section 38377.5 for the purpose of certifying
special assessments against properties where public nuisances have occurred. This is a
request for Council certification of recording Notices of Special Assessments against private
property for the value of unpaid civil fines, plus interest and penalties, pursuant to
Ordinance No. 3397 adopted by City Council on June 15, 1998. Also presented for
consideration was Resolution No. 2000-102 - "A Resolution of the City Council of the City of
Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for
Municipal Code Violations."
Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and
posted.
The Mayor declared the public hearing opened, and on motion by Julian second Harman,
Council continued the hearing open on proposed Resolution No. 2000-102 to
December 18, 2000. The motion carried unanimously.
(City Council) Public Hearing on Zoning Map Amendment No. 00-03 (Beach Boulevard
Corridor General Plan Consistency) to Rezone Six (6) Subareas of Properties (Subareas
A-F) — Approved Introduction of Ordinance Nos. 3486 and 3489 - Failed - Ordinance
Nos. 3484, 3485, and 3487 - Denied Ordinance No. 3488 (450.20)
Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the
following:
Applicant: City of Huntington Beach
Request: To rezone six (6) subareas of properties to make their zoning designations consistent
with their General Plan land use designations as follows:
Subarea A: Rezone from RM (Residential Medium Density) and RMH (Residential Medium High
Density to CG (General Commercial).
Page 22 - Council/Agency Minutes — November 20, 2000
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Location: Various Addresses: Aldrich, Stark, Holt, and MacDonald Avenues; and the first + 700
feet of Glencoe Avenue; and Alhambra Avenue w/o Beach Boulevard.
Subarea B: Rezone from RM (Residential Medium Density) to (General Commercial). Location:
Moonshadow Circle (s/e corner of Terry Drive and View Point Lane).
RM (Residential Medium Density) to CG (General
Subarea C: Rezone from Commercial). Location: n/e corner of Elm Street and Cypress Avenue.
Subarea D: Rezone from RM (Residential Medium Density) to CG (General Commercial).
Location: Various Addresses east side of A Street and west side of B Street, between Warner
Avenue and Blaylock Drive).
Subarea E: Rezone from CO (Office Commercial) to PS (Public -Semipublic).
Location: s/e corner of Beach Boulevard and Newman Avenue.
Subarea F: Rezone from RM (Residential Medium High Density Residential to CG (General
Commercial).
Location: 712 Yorktown Avenue (between Beach Boulevard and Florida Street).
Environmental Status: Notice is hereby given that this item is covered under Environmental
Impact Report 94-1 certified by the City Council on May 13, 1996.
Planning Director Zelefsky presented a staff report utilizing slides. Discussion was held between
Planning Director Zelefsky and the Councilmembers.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
The City Clerk stated for the record Late Communications which had been announced earlier and
which pertain to the public hearing as follows:
Communication dated November 14, 2000 from Jeffrey and Nancy Lang requesting that Council
concur with the Planning Commission and retain tcurrent RM zoning. Communication titled
Proposed Zone Change Per Zoning Map Amendment No. 00-03.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
November 20, 2000. Slide show presentation titled Zoning Map Amendment No. 00-03
(General Plan Consistency — Beach Blvd. Corridor).
Mayor Garofalo declared the public hearing open.
Jeff Lang, property owner in Sub Area B, addressed Council and presented reasons why
he is requesting that Council concur with the Planning Commission recommendation on his
property which is in Sub Area B.
Discussion was held between the Council and Mr. Lang.
Tony Nguyen, property owner in Sub Area B, addressed Council to opposition to the
recommended action as he believes it will lower his property value.
(23) November 20, 2000 Council/Agency Minutes - Page 23
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
Councilmember Julien recused herself from consideration of Subarea C due to a conflict of
interest.
Discussion was held by Council.
A motion was made by Garofalo, second Bauer to overrule the decision of the Planning
Commission and direct that Sub Area E, a rezone from CO Office Commercial to PS
Public/Semi-Public at the southeast corner of Beach Boulevard and Newland Avenue be
denied and that Sub Area E remain Office Commercial.
A motion was made by Dettloff, second Green to approve the recommended action on
Areas A through F with the exception of E with Councilmember Julien abstaining on
Subarea C.
It was determined following discussion votes would be taken on each area separately.
(City Council) Ordinance No. 3484 — Failed — West Side of Beach Boulevard from
Aldrich Avenue to Heil Avenue — Zoning Map Amendment 00-03 Subarea A (570.60)
A motion was made by Bauer, second Harman to sustain the Planning Commission
recommendation on Subarea A and deny introduction of Ordinance No. 3484. The motion
carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Bauer
NOES: Dettloff
ABSENT: None
A motion was made by Sullivan, second Bauer to approve the following actions on
Ordinance No. 3485 Subarea B, Ordinance No. 3486, Subarea C, Ordinance No. 3487
Subarea D, Ordinance 3489 Subarea F. The motion carried as follows:
AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAINED: Julien
(City Council) Ordinance No. 3485 - Failed - Moon Shadow Circle — Zoning Map
Amendment 00-03 Subarea B. Planning Commission Recommendation Sustained
(570.60)
(City Council) Ordinance No. 3486 — Introduction Approved — Northeast Corner of
Cypress Avenue and Elm Street — Zoning Map Amendment 00-03 — Subarea C —
Sustained Staff Recommendation (570.60)
Following a reading by title by the City Clerk of Ordinance No. 3486 -"An Ordinance of the
City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision
Ordinance by Changing the Zoning Designation from RM (Medium Density Residential) to
CG (General Commercial) on Real Property Located at the Northeast Corner of Cypress
Page 24 - Council/Agency Minutes — November 20, 2000
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Avenue and Elm Street (Zoning Map Amendment No. 00-03, Sub -Area C)." The motion
carried by the following roll call vote:
AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAINED: Julien
(City Council) Ordinance No. 3487 — Failed•— Southeast corner of Warner Avenue and
Beach Boulevard — Zoning Map Amendment No. 00-03 — Subarea B — Planning
Commission Recommendation Sustained (570.60)
(City Council) Approved Introduction of Ordinance No. 3489 — Southeast Corner of
Yorktown Avenue and Florida Street — Zoning Map Amendment No. 00-03-Subarea F —
(Staff Recommendation Approved) (570.60)
Following a reading by title of Ordinance No. 3489 - "An Ordinance of the City of Huntington
Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the
Zoning Designation from RM (Medium Density Residential) to CG (General Commercial) on
Real Property Located near the Southeast Corner of Yorktown Avenue and Florida
Street (Zoning Map Amendment No. 00-03, Sub -Area F." The motion carried by the
following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Ordinance No. 3488 — Denied — Southeast Corner of Beach Boulevard
and Newman Avenue — Zoning Map Amendment No. 00-03 — Subarea E — (To Remain
Office Commercial) (570.60)
A motion was made by Sullivan, second Dettloff that Ordinance No. 3488 be denied and that
Subarea E remain Office Commercial. The motion carried by unanimous roll call vote with
all members present.
(City Council) Planning Department Director to Initiate General Plan Amendment to be
Consistent with City Council Actions and Introductions of Ordinances Taken
Regarding Zoning Map Amendment No. 00-03 (570.60)
A motion was made by Bauer, second Sullivan to direct the Planning Department to initiate
a General Plan Amendment to be consistent with the introduction of Ordinance No. 3486 -
and Ordinance No. 3489 — and with actions made at this public hearing. The motion carried
unanimously with all members present.
(25) November 20, 2000 - Council/Agency Minutes - Page 25
(City Council) Public Hearing — Granted with Modifications the Appeal Filed by Duf
Sfreddo on Behalf of Applicant Southridge Homes, of Planning Commission's Denial
of Tentative Tract Map No. 15964/Conditional Use Permit No. 99-73 for a 13-Single
Family Unit Subdivision Including Vacation of a Portion of Holly Street and Pedestrian
Access from New Cul-de-Sac (South Side of Main Street, West of Holly Street)
(420.40)
Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the
following: .
Applicant/Appellant: Southridge Homes, c/o Duf Sfreddo.
Request: To appeal the Planning Commission's denial to subdivide approximately 1.6 acres of
land for development of 13 single-family homes. The request includes vacating a portion of
Holly Street to construct a cul-de-sac on Holly Street at Main Street, and provide pedestrian
access through a landscape easement from the new cul-de-sac to Main Street, west of Holly
Street.
Location: 2000 Main Street (City Hall, n/e corner of Main Street and Utica Avenue)
Environmental Status: Notice is hereby given that this item is covered under Environmental
Impact Report 89-1.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
The City Clerk stated for the record Late Communications which had been announced earlier
and which pertains to the public hearing:
Communication dated November 15, 2000 from Kevin C. Kelter of Southridge Homes
transmitting proposed modifications relating to compliance with staff concerns over the project
design details. Communication titled Southridge Homes, Appeal of Tentative Tract Map No.
15964 and Conditional Use Permit No. 99-73 (13 Unit Subdivision Holly and Main Street).
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
November 20, 2000. Slide show presentation titled Southridge Homes Appeal — 13-unit Small
Lot Subdivision — Tentative Tract Map No. 15964 — Conditional .Use Permit No. 99-73.
Planning Director Howard Zelefsky reviewed the communication submitted by Kevin Kelter of
Southridge Homes which was part of the Late Communication packet and considerable
discussion was held between Councilmembers and the Planning Director.
Mayor Garofalo declared the public hearing open.
Both of the following speakers, Kevin Kelter and Mike Adams, concurred with staff
recommendations.
Kevin Kelter, applicant, addressed Council and clarified the proposed modifications to the
project. He provided the background of his Pacific Landing project which he stated is in the
second phase. Mr. Kelter informed Council that he has met with the homeowners associations
Page 26 - Council/Agency Minutes — November 20, 2000
(26)
to address issues on elevation which is included in his Late Communication that had beer'
announced earlier by the City Clerk.
Mike Adams addressed the bulleted points on page 3 of his handout, clarifying that the site
map on the back is irrelevant. Mr. Adams informed Council that he did prepare elevations,
stating that he is comfortable with all the proposed changes.
There being no persons present to speak further on.the matter and there being no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
Planning Director Zelefsky presented the slide report announced earlier by the City Clerk as a
Late Communication. Assistant Planner Ricky Ramos walked the Council through the
Subareas.
A motion was made by Bauer, second Julien to overrule the Planning Commission decision and
grant the appeal filed by Duf Sfreddo on behalf of Southridge Homes on the denial of Tentative
Tract Map No. 15964 and Conditional Use Permit No. 99-73 and grant the appeal with
modifications presented in the applicant's letter dated November 15, 2000 and with conditions to
be determined by the Planning Director and based on findings for approval set -forth in the staff
report as shown below. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Bauer
NOES: Harman, Dettloff
ABSENT: None
*FINDINGS OF APPROVAL
TENTATIVE TRACT MAP NO. 15964/CONDITIONAL USE PERMIT NO. 99-73
FINDINGS FOR APPROVAL — TENTATIVE TRACT MAP NO. 15964:
Tentative Tract Map No. 15964 for a 13 unit single family residential subdivision is
consistent with the General Plan Land Use element designation of Residential Medium
Density on the subject property, or any applicable specific plan, or other applicable
provisions of this Code. The proposed tract map for a single family detached project as
revised pursuant to the conditions of approval is a permitted use in the Medium Density
Residential district.
2. The site is physically suitable for the type and density of development. The property was
previously studied for a greater intensity of land use (15 units/acre) at the time that the
General Plan designation and Holly Seacliff Specific Plan zoning were adopted for the
property. With the suggested conditions of approval, the size, depth, frontage, street
width and other design features of the proposed subdivision are in compliance with the
Specific Plan.
3. The design of the subdivision or the proposed improvements will not cause serious
health problems or substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat. The project site was previously evaluated in
Environmental Impact Report No. 89-1 and will comply with appropriate mitigation
measures. There are no environmental impediments to the project.
(27)
November 20, 2000 - Council/Agency Minutes - Page 27
4. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision unless alternative easements, for access or for use, will be
provided. The proposed street closure and construction of the modified cul-de-sac will
improve circulation flow along Main Street, and will allow the City to maintain all utility
easements within the vacated portion of the street right-of-way. Public pedestrian
access will be maintained between Holly Street and Main Street.
FINDINGS FOR APPROiVAL — CONDITIONAL USE PERMIT NO.99-73:
Conditional Use Permit No. 99-73 for the establishment, maintenance and operation of
the 13 unit single family residential subdivision, closure of Holly Street and construction
of a modified cul-de-sac will not be detrimental to the general welfare of persons working
or residing in the vicinity or detrimental to the value of the property and improvements in
the neighborhood. The design of the proposed subdivision as revised by the conditions
of approval properly adapts the proposed structure to streets, driveways, and other
adjacent structures and uses in a harmonious manner.
2. Conditional Use Permit No. 99-73 will be compatible with surrounding uses pursuant to
the conditions of approval. The proposed triangular shaped subdivision is surrounded
on two sides by public street and by a proposed residential apartment project on the
third side. The subdivision will be located in a residential area. Compliance with
mitigation measures of Environmental Impact Report No. 89-1 and code provision will
ensure that the project will be compatible with other area developments.
3. The proposed 13 unit single family subdivision will comply with the provisions of the
base district and other applicable provisions in Titles 20-25 of the Huntington Beach
Zoning and Subdivision Ordinance. In addition, any specific condition required for the
proposed use in,the district in which it would be located. The proposed units meet all
code provisions, including the lot size, frontage, density, building height, setbacks, and
parking.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Medium Density Residential on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
LU 9.1.2: Require that single family residential units be designed to convery a high level
of quality and character considering the following guidelines:.
a. Modulate and articulate building elevation, facades and masses (avoiding
undifferentiated "box -like" structures).
d. Encourage innovative and creative design concepts.
LU 9.3.2: Require that the design of new residential subdivions consider the following:
b. Intergrate public squares, mini -parks, or other landscape elements.
g. Orient housing units to neighborhood and collector streets.
i. Consider reduced street widths to achieve a more "intimate" relationship between
structures, to the extent feasible and in accordance with Huntington Beach Fire
Department regulations.
Page 28 - Council/Agency Minutes — November 20, 2000
(28)
Consent Calendar Items Deferred
The City Council deferred consideration until the December 4, 2000 Council/Agency Meeting of
the following Consent Calendar items:
(City Council) Contract Agreement between the City and RBF Consulting for Professional
Planning Services to Prepare Environmental Documentation and Remedial Work Plan for
Cleanup of Closed Gun Range Site in Huntington Central Park for Reuse/Relocation by the
Hanson. Recycling Center —Authorize Expenditure of Funds
(City Council) Commemorative Monument of War Hero, Marine Colonel Arthur A. Poindexter at
the Central Library in Huntington Central Park (e/o Main Entrance
(City Council) Extending Professional Services Contract between the City and Diehl, Evans and
Company, LLP to Include Annual Audit Services for Fiscal Year 1999-2000 — Approve
Settlement Committee's Insurance and Indemnification Waiver Recommendations
(City Council) Resolution No. 2000-108 Designating a Redevelopment Survey Area to Study
Feasibility of Establishing a Southeast Coastal Project Area in the Vicinity of the ASCON
Superfund Property/AES Generating Plant at Beach Boulevard, Hamilton Avenue, Magnolia
Street and Pacific Coast Highway .
(City Council) Amendment No. 1 of the Lease Agreement Between the City and Alice
Gustafson, DBA Breakfast in the Park in Huntington Central Park
Consent Calendar - Item Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(City Council) Resolution No. 2000-113 Approving MOU (Memorandum of Understanding)
between the City and the Firefighters Association for October 1, 2000 to September 30, 2003 —
Authorize Appropriation of Funds for Increased 2000-01 Salary and Benefits (720.20)
(City Council) Amendment No. 1 to the Professional Planning Services Reimbursement
Agreement between the City and Shea Homes for the Completion of the Environmental Impact
Report No. 97-2 for Parkside Estates (formerly Shea Homes at Metropolitan Water District Site
on Graham Street)
Consent Calendar - Items Approved
On motion by Green, second Julien, Council approved the following consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
Mayor Garofalo requested that his vote be recorded as abstaining on Consent Calendar item
relative to the Professional Consulting Services Contract between the city and EDAW, Inc. and
Consent Calendar item relative to General Terms and Conditions of the Rental Agreement with
GE Capital Modular Space.
(29) November 20, 2000 - Council/Agency Minutes - Page 29
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency regular meetings of October 16, 2000 as written and on file
in the Office of the City Clerk. .
(City Council) Authorized Release of the Guarantee and Warranty Bond for Tract
No. 15355, s/o Seapoint Avenue and Garfield Avenue to OC Ventures Il, Inc. (420.60) -
1. Released Guarantee and Warrantee Bond No. 3SM 910 379 00; the security furnished for
guarantee and warranty of improvements; and, 2. Instructed the City Clerk to notify the
Subdivider, OC Ventures II, Inc. of this action, and the City Treasurer to notify the Bonding
Company, American Motorists Insurance Co., of this action. Funding Source: Not applicable.
On November 15, 1999, the City Council accepted the improvements constructed and dedicated
for public use within Tract no. 15355.
(City Council) Approved Agreement between the City and Moore, Rutter and Evans for
Contract Legal Services in Connection with Representing the City in Tort and Police
Related Litigation (600.10) Approved the Agreement between the City of Huntington Beach
and Moore, Rutter and Evans for Legal Services and to authorized the Mayor and City Clerk to
execute the agreement. Funding Source: Self Insurance, Liability, Contract Legal Services.
(City Council). Approved Agreement between the City and Ferguson, Praet and Sherman
for Legal Services in Tort and Police Related Litigation - Approved Waiver of 30 Day
Insurance Cancellation Notice (600.10) — 1. Approved Agreement between the City of
Huntington Beach and Ferguson, Praet & Sherman for Legal Services and to authorize the
Mayor and City Clerk to execute the agreement; and 2. Waived the 30-day cancellation notice
for the firm's Professional and General Liability policies. Funding Source: Self Insurance,
Liability, Contract Legal Services.
(City Council) Approved Agreement between the City and Kinkle, Rodiger and Spriggs for
Legal Services in Tort and Police Related Litigation — Approved Modifications to
Insurance Requirements and Approved Waiver of Insurance Cancellation Notice (600.10)
- 1. Approved Agreement between the City of Huntington Beach and Kinkle, Rodiger & Spriggs
for Legal Services; accepted the certificates of insurance as submitted; and authorized the
Mayor and City Clerk to execute the agreement; and 2. Approved the deductible to the firm's
professional liability policy in the amount of $15,000 and waive the 30-day cancellation notice.
Funding Source: Self Insurance, Liability, Contract Legal Services.
(City Council) Approved Non -Standard Affiliation Agreement between the City and Coast
Community College District to Allow Community Experience Rotation at Rodgers Senior
Center for Nursing Students (600.10) —Approved the Non -Standard Affiliation Agreement
between the City and Coast Community College District and authorized the Mayor and City Clerk
to execute. Funding Source: Not applicable.
(City Council) Approved Extension of Professional Services Contract between the City and
Blanchard Solutions Group for "Raving Fans" Customer Service Training in Conjunction
with the BEST (Building Excellent Service Today/Tomorrow) Program (600.10) — Approve
the Professional Services Contract between the City of Huntington Beach and Blanchard
Solutions Group for Customer Service Training and authorize the Mayor and City Clerk to execute
same. Funding Source — FY 2000-01 Non -departmental budget - $100,000.
Page 30 - Council/Agency Minutes — November 20, 2000 (30)
(City Council) Authorized Appropriation from the Assembly Bill 2928 Revenues (Currently
on Deposit in the Gas Tax Fund) and the Transfer into a Public Works Expenditure Account
for Additional Street Improvements (Resurfacing and Tree Removal/Replacement Petition
Street Requests) (320.10) — Approved the appropriation of $700,000 in AB 2928 funds for street
improvements and authorized the Director of Finance to transfer the funds into an expenditure
account. Funding Source: The funds from AB 2928 revenues on deposit in the Gas Tax Fund will
be transferred into an assigned expenditure account upon approval of the Executive Steering
Committee.
(City Council) Adopted Resolution No. 2000-112 Agreeing to a Redistribution of Property
Taxes for Holly Seacliff Parcel 7A (Linear Park) (610.30) — Adopted Resolution No. 2000-112
"A Resolution of the City Council of the City of Huntington Beach Agreeing to a Redistribution of
Property Taxes for a Property Commonly Known as Holly Seacliff Parcel 7A." Funding Source:
Not applicable.
(City Council) Approved Amendment No. 1 to the Professional Planning Services
Reimbursement Agreement between the City and Shea Homes for the Completion of the
Environmental Impact Report No. 97-2 for Parkside Estates (formerly Shea Homes at
Metropolitan Water District Site on Graham Street) (600.10) —1. Approved and authorized
the Mayor and City Clerk to execute Amendment No. 1 to Reimbursement Agreement between
the City of Huntington Beach and Shea Homes Limited Partnership for Costs Incurred for
Professional Planning Services in Connection with the Environmental Impact Report 97-2
Relating to the Parkside Estates Project in the amount of $100,000; and 2. Approve the receipt
of additional revenues, in the amount of $100,000, which shall be deposited into the city's
General Fund Unappropriated Fund .Balances account. Funding Source: Per above.
(City Council) Approved the General Terms and Conditions of the Rental (Lease)
Agreement with GE Capital Modular Space for Five Rental Office Trailers for the
Community Services Department — Approved Indemnification Provisions (600.10)
Approved the GE Capital Modular Space Terms and Conditions of Lease Agreement including
approval of the indemnity provisions for five trailers to be used by the Community Services
Department. Funding Source: Not applicable. Rental fee is budgeted separately and
previously approved.
(City Council) Adopted Resolution No. 2000-113 Approving MOU (Memorandum of
Understanding) between the City and the Firefighters Association for October 1, 2000 to
September 30, 2063 — Authorized Appropriation of Funds for Increased 2000-01 Salary and
Benefits (720.20)
The City Council considered -a communication from the Acting Administrative Services Director
recommending adopting of Resolution No. 2000-113 to approve the Memorandum of
Understanding with the Firefighters Association.
Councilmember Sullivan stated that he associates himself with Mr. Chuck Scheid comments
during the Public Comments portion of the Council meeting as it appears that the cost will only be
$97,000; however, the cost is actually in the area of much more money during the life of this
contract. He stated that he would be voting against the proposed resolution as 3% retirement at
age 50 is too much. He stated that he does agree that the proposed salary raises should be
approved.
(31) November 20, 2000 - Council/Agency Minutes - Page 31
A motion was made by Dettloff, second Harman to adopt 1. Resolution No. 2000-113 "A
Resolution of the City Council of the City of Huntington Beach Approving and Implementing the
Memorandum of Understanding between the Huntington Beach Firefighters Association and the
City of Huntington Beach for October 1, 2000 to September 30, 2003,"and 2. Authorize the
appropriation of $97,172 to pay the increased salary and benefit costs for 2000-01. The motion
carried by the following roll call vote:
AYES: Harman, Garofalo, Dettloff, Bauer
(Green and Julien were absent from the room.)
NOES: Sullivan
ABSENT: None
(City Council) Approved Amendment No. 3 to the Professional Consulting Services
Contract between the City and EDAW, Inc. for Completion of the Environmental Impact
Report No. 97-2 for Parkside Estates (formerly Shea Homes at Metropolitan Water District
Site on Graham Street) (600.10)
The City Council considered a communication from the Planning Director recommending
approval of Amendment No. 3 to the Professional Consulting Services Contract between the city
and EDAW, Inc. for completion of the Environmental Impact Report for Parkside Estates
formerly Shea Homes at the Metropolitan Water District Site on Graham Street.
Following discussion a motion was made by Sullivan, second Harman to 1. Approve and
authorize the Mayor and City Clerk to execute Amendment No. 3 to Agreement between the
City of Huntington Beach and EDAW, Inc. for Preparation of E/R 97-2 for professional ; and
2. Approve the receipt of additional revenues, in the amount of $100,000, which shall be
deposited into the city's General Fund Unappropriated Fund Balances account. Funding
Source: Per above. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Dettloff, Bauer
(Green absent from the room)
NOES: None
ABSTAINED: Garofalo
(City Council) Adopted Ordinance No. 3483 Amending Chapter 4.2. of the Downtown
Specific Plan Updating the Downtown Parking Master Plan (Generally Bounded by
PCH/Sixth Street/Acacia Avenue/ Second Street) (688-M
1fSo, Z o
Following reading by title, a motion was made by Bauer, second Dettloff to adopt Ordinance
No. 3483 titled "An Ordinance of the City of Huntington Beach Amending Chapter 4.2 of the
Huntington Beach Specific Plan Relating to the Downtown Parking Master Plan." By roll call
vote: (Public hearing and introduction of Ordinance No. 3483 as amended on
November 6, 2000.) The motion carried by the following roll call vote:
AYES: Harman, Green, Dettloff, Bauer
NOES: Sullivan
ABSTAINED: Garofalo, Julien
Page 32 - Council/Agency Minutes — November 20, 2000
(32)
(City Council) Approved Introduction of Ordinance No. 3490 Amending Chapter 2.111 of
the H. B. Municipal Code Relating to the Public Works Commission to Change
Appointment Policy Process from Majority Vote to Individual City Councilmember Vote
(640.10)
Following reading by title, a motion was made by Sullivan, second Dettloff to introduce
Ordinance No. 3490 — titled "An Ordinance of the City of Huntington Beach Amending Chapter
2.111 of the Huntington Beach Municipal Code Relating to the Public Works Commission" on a
policy change in the process from appointment by a majority vote of the City Council to
individual appointments. and 2. Direct staff to notify existing Public Works Commission
members of the change in the appointment process, following the second reading of the
ordinance. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(Redevelopment Agency) Specially Noticed Administrative Hearing — Failed - Acquisition of
Property by Ezralow Properties through Eminent Domain - Huntington Center Redevelopment
Project Area - Condemnation of Burlington Coat Factory and Montgomery Wards - 7777 Edinger
Avenue, - AP Nos. 142-071-91 and 142-071-93 — Failed — Adoption of Agency Resolution No.315
(650.50)
Mayor Pro Tern Harman read a statement regarding the type of hearing this is a specially noticed
hearing held under the Code of Civil Procedure, Section 1245.235. He also spoke regarding the
subject, and the need for two-thirds vote and other procedural matters regarding the conduct of this
hearing. This statement is contained in the Late Communication report previously announced.
The City Council considered a communication submitted by Economic Development Director David
Biggs transmitting for Council consideration the following Statement of Issue from the staff report:
On October 2, 2000, the Redevelopment Agency approved an Owner Participation Agreement
(OPA) with Huntington Center Associates, LLC, for the redevelopment of Huntington Center. In
addition, the Redevelopment Agency authorized the Executive Director or his designee, the Director
of Economic Development, to initiate and conduct negotiations with Huntington Center Associates,
LLC, a Delaware limited liability company, Burlington Coat Factory Warehouse of Huntington
Beach, Inc., a California corporation, and Montgomery Ward Development LLC, a Delaware limited
liability company, for the acquisition of certain interests in real property located within the
Huntington Beach Redevelopment Project Area. Those negotiations have not resulted in purchase .
and sale agreements to acquire those interests in real property. The issue before the
Redevelopment Agency at this time is whether to authorize, by the adoption of a resolution of
necessity, the filing of one or more actions in eminent domain to acquire those interests in real
property.
The following communications are included in the agenda packet:
Communications of opposition from Aviv L. Tuchman of Tuchman & Associates, Attorneys at Law
representing Burlington Coat Factory dated 11/700, 11/7/00, 11/8/00, 11/8/00, 11/13/00, 11/13/00,
11/13/00, 11/14/00 with a petition listing approximately 1,231 signatures of persons opposed,
11/15/00, 11/15/00, 11/15/00, 11/15/00, 11/15/00 and 11/16/00.
(33) November 20, 2000 - Council/Agency Minutes - Page 33
Communications of opposition from the Law Office of Sheppard, Mullin, Richter & Hampton, LLP
representing Montgomery Wards dated 11/13/00; 11/13/00, 11/14/00, 11/14/00 and 11/16/00.
Communication of opposition from Law Offices of Altheimer & Gray representing Montgomery
Wards dated 11/14/00.
Communication from The Ezralow Company (Huntington Center Associates, LLC) dated 11/16/00.
The City Clerk stated for the record Late Communications which had been announced earlier and
which pertain to the public hearing;
Communication dated November 17, 2000 from the City Clerk's Office transmitting a
communication from Tuchman and Associates, Attorneys at Law stating their intention of
submitting an objection letter either on November 17, 2000 or November 20, 2000.
Communication titled Communication dated November 16, 2000 from Tuchman & Associates,
Attorneys at Law, to the Huntington Beach City Clerk titled Burlington Coat Factory Warehouse
of Huntington Beach, Inc. v. Huntington Center Associates, LLC — For Hearing November 20,
2000 — Our File No. 9956.
Communication dated November 16, 2000 from the City Attorney's Office transmitting the
Mayor's Statement relating to the Public Hearing on Eminent Domain. Communication titled
Mayor's Statement before Hearings on Eminent Domain Resolution for Montgomery Wards and
Burlington Coat Factory, City Council Meeting of November 20, 2000.
Communication dated November 20, 2000 from Sean P. O'Connor of Sheppard, Mullin, Richter
& Hampton, LLP representing Montgomery Ward, LLC and Montgomery Ward Development,
LLC transmitting Montgomery Ward's comments and objections to the proposed adoption of a
resolution of necessity pursuant to Redevelopment Agency Resolution No. 315.
Communication titled Proposed Agency Resolution No. 315 to Adopt a Resolution of Necessity
for Condemnation of Montgomery Ward's Property.
Communication dated November 20, 2000 from Aviv Tuchman of Tuchman & Associates,
Attorneys at Law, submitted as a supplement to their letter dated November 7, 2000 and is in
conjunction with the numerous letters that they have sent over the last several weeks re:
November 20, 2000 public hearing. Communication titled City Council Meeting on Monday,
November 20, 2000 Re: Adoption of Resolution of Necessity.
Communication dated November 20, 2000 from Aviv Tuchman of Tuchman & Associates,
Attorneys at Law, submitted as a supplement to their letter dated November 20, 2000.
Communication titled City Council Meeting on Monday, November 20, 2000 Re: Adoption of
Resolution of Necessity.
Communication dated November 20, 2000 from Aviv Tuchman of Tuchman & Associates,
Attorneys at Law, submitted as a second supplement to their letter dated November 20, 2000.
Communication titled City Council Meeting on. Monday, November 20, 2000 Re: Adoption of
Resolution of Necessity.
Slide show presentation dated November 20, 2000 from the Department of Economic
Development. Slide show presentation titled Huntington Center— Hearing on Resolution of
Necessity for Acquisition of Property — November 20, 2000 — Item D-4.
Page 34 - Council/Agency Minutes — November 20, 2000 (34)
Communication from Burlington Coat Factory — site plans for Huntington Center.
Communication from Loren Cohen, Burlington Coat Factory, titled Pacific Promenade Specific
Plan.
Communication from Economic Development Department dated November 20, 2000 titled.
Substitution of Resolution of Necessity — Resolution No. 315.
Communication from Sheppard, Mullin, Richter and Hampton, LLP, dated November 20, 2000
titled Index of Documents Relating to Proposed Agency Resolution No. 15 to Adopt a
Resolution of Necessity for Condemnation of Montgomery Ward's Property.
Mayor Pro Tern Harman read a statement relative to this noticed hearing. He reported on the Late
Communication in the packet from the Economic Development Director dated November 20, 2000
titled Substitution of Resolution of Necessity — Agency Resolution No. 315 which required the
adding of a portion of Assessor's Parcel Nos. 142-071-099.
The staff report was presented by the Economic Development Director.
Mayor Pro Tern Harman declared the hearing open.
Murray Kane, Special Counsel, and Irene Ibarra, representing Relocation Consultants, also
reported.
Mr. P. Schwartze, representing Montgomery Wards, informed Council that staff had failed to
provide all the facts. He presented reasons why the proposed action should not be taken. He
stated that there is a way to keep Montgomery Wards at its location.
Loren Hohman, Director Real Estate for Montgomery Ward, presented a chronology of events
regarding this project beginning in 1996.
Sean O'Connor, attorney, representing the law offices of Sheppard, Mullin, Richter, and Hampton
representing Montgomery Wards addressed Council in opposition to the proposal.
Jack Rubens, representing Montgomery Wards presented reasons in opposition to the proposal
before Council. He presented a chronology of events.
Bruce Hackel informed Council of the benefits extended to Burlington Coat Factory employees.
Rocy Lacross presented a request that Councilmember Julien abstain from voting on this matter,
referring to money which had been received by her campaign committee.
Aviv Tuchman, of Tuchman and Associates, attorneys at law, representing Burlington Coat Factory,
spoke regarding the campaign contributions received by Councilmembers which had been noted on
their campaign statements of Councilmembers Harman and Julien. He stated that there is no reason
this matter can not be considered on December 4, 2000. He showed the contract that Burlington Coat
Factory signed in order to be in the Huntington Center. He spoke regarding good faith negotiations and
the offer that was made to them of a $100,000 before the appraisers came on the property.
Mr. Tuchman spoke regarding why he believes the city is not in a position nor is it proper to interpret
the Burlington Coat Factory lease. He stated that this is the first time that one stop employment has
(35) November 20, 2000 - Council/Agency Minutes - Page 35
been mentioned by the consultant as an effort to assist Burlington Coat Factory employees.
Mr. Tuchman stated that there is no public purpose to condemn Ezralow and to give it back to Ezralow.
He stated that there is no public purpose by giving public money to private developers.
Bryan Ezralow stated what he believes will be the many merits of the project. He cited economic
benefits to come. He gave reasons why Huntington Center had not been successful.
There being no persons present to speak further on the matter and there being no further protests filed,
either written or oral, the Mayor declared the public hearing closed.
At Mr. Kane's request, Economic Development Director Biggs clarified a statement he had made
regarding fair market value which was taken out of context. Murray Kane ,Special Counsel, repeated
statements made by the attorneys representing Montgomery Wards and Burlington Coat Factory.
Discussion was held by Council. Councilmember Green stated why he on principle can not support
eminent domain. Councilmember Dettloff spoke at length regarding her reasons for favoring the
project.
Gus Duran, Housing Redevelopment Manager, responded to Councilmember Sullivan's questions
regarding the contract with the appraiser which had been referred to by Mr. Tuchman. Mr. Kane
referred to the Environmental Impact Report done in 1996 at the time of the merger of the
Redevelopment Project area in response to Councilmember Sullivan's questions. Mr. Kane reported
on the environmental status.
Irene lbarra reported on the sales performance of Montgomery Wards and Burlington Coat Factory as
opposed to Mervyn's Department Store relative to Councilmember Sullivan's question regarding the
space usage.
Murray Kane, Special Counsel in response to Councilmember Julien stated that it is to the
Redevelopment Agency's interest to keep negotiations open.
Agency Counsel Gail Hutton responded to the question of Councilmember Julien regarding how
reconsiderations could be made by Councilmember on a prevailing side. Murray Kane also responded
to Councilmember Julien's questions.
A motion was made by Bauer, second Dettloff to adopt Agency Resolution No. 315 - "A
Resolution of the Redevelopment Agency of the City of Huntington Beach Finding and Determining
the Public Interest and Necessity for Acquiring and Authorizing Condemnation of Certain Rea/
Property Located in the Huntington Beach Redevelopment Project (7777 Edinger Avenue,
Assessor's Parcel Nos. 142-071-91 and 142-071-93." (ATTACH M ENT 1*)
The motion failed by the following vote:
AYES: Harman, Dettloff, Bauer
NOES: Julien, Sullivan, and Green
ABSENT: Garofalo
Page 36 - Council/Agency Minutes — November 20, 2000
(36)
(City Council) Motion Failed Re: Councilmember Sullivan's Request that the Huntington Beach
Equestrian Center be Charged for City Provided Water Services at the Same Rate as Other Home
Owners and Businesses (1000.10)
The City Council considered a communication from Councilmember Sullivan transmitting the
following Statement of Issue: It is my understanding that the city provides water free of charge
to the Huntington Beach Equestrian Center. I see no reason why the "horseless" in Huntington
Beach should provide that benefit out of their tax dollars to the Equestrian Center.
Discussion was held.
A motion was made by Sullivan to direct the City Administrator to attempt, at the earliest
opportunity, for example if there is a request for a Conditional Use Permit at the Equestrian
Center, to request that the Equestrian Center be charged at the same rate. as home owners and
businesses are charged for city water.
The motion failed for lack of a second.
The following item from Councilmember Green was brought forward:
(City Council) Approved as Amended —Re: Councilmember Green's Request for the
Formation of City Council Ad -Hoc Committee to Set City Policy on Non -Profit
Corporation Cost to Lease Such City Facilities as the Playhouse at the Central Library
(120.25)
The City Council considered a communication from Councilmember Sullivan transmitting the
following Statement of Issue: At the October 16, 2000 City Council meeting staff was directed
to review the provisions in Option No. 2 as recommended by the Library Board of Trustees for a
lease with the Huntington Beach Playhouse. The purpose of this review was to determine if the
provisions proposed for the lease with the Huntington Beach Playhouse were consistent with
those for leases between the city and other non-profit organizations. This review (see
attachment*) shows a difference in requirements. In order to establish city-wide consistent
lease standards, I believe that an Ad -Hoc Committee of the Council should meet to work with
staff on setting consistent standards.
* The attachment is a matrix titled Lease Comparison with Four City Non Profits Including
Huntington Beach Playhouse.
Following discussion a motion was made by Green, second Sullivan that the Mayor establish an
Ad -Hoc Committee to recommend standard lease provisions for leases between the city and
Huntington Beach non-profit organizations to return as amended with recommendation by
February.20, 2001. The motion carried unanimously with Garofalo recorded absent.
(City Council) Motion Failed Re: Councilmember Sullivan's Direct the City Administrator
to Explore the Possibility of County Sheriff Providing Police Service (530.10)
The City Council considered a communication from Councilmember Sullivan transmitting the
following Statement of Issue: The leadership of the Police Union (P.O.A.) seems to be
extremely unhappy with the city staff and City Council. This has resulted in, among other
things, costly lawsuits filed almost continually against the city. I don't know if the union
leadership represents the majority view in the Huntington Beach Police Department. If the
(37) November 20, 2000 - Council/Agency Minutes - Page 37
P.O.A. leadership represents the majority view, probably the police would be happier with
another employer.
Councilmember Sullivan presented reasons why he had placed this item on the agenda for
Council consideration. Councilmember Harman commented on the subject.
Councilmember Julien presented reasons in opposition.
A motion was made by Sullivan, second Harman to direct the City Administrator to explore with
County Sheriff the possibility of the Sheriff absorbing the Huntington Beach Police Department
into his department, evaluating the cost and logistics for discussion purposes only. The motion
failed by the following roll call vote:
AYES: Sullivan, Harman
NOES: Julien, Green, Dettloff, Bauer
ABSENT: Garofalo
(City Council) Motion Failed Re: Councilmember Sullivan's Request to Appropriate
Funds for Additional Play Equipment at Eader Park (920.40)
The City Council considered a communication from Councilmember Sullivan transmitting the
following Statement of Issue: There was some confusion during the budget process as to
whether the City Council funded additional play equipment at Eader Park as requested by the
Southeast Huntington Beach Neighborhood Association.
Councilmember Sullivan presented reasons why he had placed this item on the Council agenda.
A motion was made by Sullivan, second Harman to appropriate funds to provide addition play
equipment at Eader Park.
Councilmember Dettloff stated that she believed a priority list should be followed and that Eader
Park is on a list for a grant.
Councilmember Green suggested that it be sent back for consideration by the Community
Services Commission.
The vote on the motion made by Sullivan, second Harman failed to pass by the following roll
call vote:
AYES: Julien Sullivan, Harman,
NOES: Green, Dettloff, Bauer
ABSENT: Garofalo
(City Council) Motion Failed Re: Councilmember Sullivan's Request that Council Take a
Position Relative to Refund Re: Howard Jarvis Taxpayers' Association Lawsuit vs.
Huntington Beach (630.40)
The City Council considered a communication from Councilmember Sullivan transmitting the
following Statement of Issue: The Howard Jarvis Taxpayers' Association has filed a lawsuit
challenging some of the property tax that Huntington Beach collects for employee retirement.
What are the financial implications if we lose this suit?
Page 38 - Council/Agency Minutes — November 20, 2000
(38)
The City Attorney responded to Councilmember Sullivan regarding her position regarding this
matter.
Councilmember Sullivan presented reasons why he believed his proposed motion should be
approved.
A motion was made by Sullilvan, that the City Council take a position on what refunds, if any,
will be returned to Huntington Beach taxpayers if any of the property tax payments are ruled
illegal by the courts and that the money be refunded to the taxpayers and interest from the time
the law suit was filed. The motion failed for lack of a second.
City Attorney Hutton reported further.
Councilmember Sullivan advised the citizens of how to apply for a refund should it become
possible.
(City Council) Direct Staff to Determine Whether Chevron Trucks have Detrimental Effects
on Talbert Avenue and Gothard Street (800.10)
Councilmember Sullivan requested that if staff believes the Chevron trucks have detrimental
effects on Talbert Avenue and Gothard Street as they proceed to the highway that Chevron
compensate the city for street damages.
(City Council) Request that Chevron Company Contact City Regarding Landscaping of
Tank Facility Near Huntington Center Library
Councilmember Sullivan requested that Chevron Company be contacted regarding the need to
landscape its tank facility located near the Huntington Center Central Library at Talbert Avenue
and Gothard Street.
Adjournment — City Council/Redevelopment Agency 3:10 a.m.
Mayor Garofalo adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to Monday, December 4, 2000 at 5:00 p.m., in the
Council Chambers with the meeting to begin at 6:00 p.m. to seat new Councilmembers, Civic
Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio Cler f the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
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City Clerk -Clerk Mayor-Chairma