HomeMy WebLinkAbout2001-02-05Minutes
City Council/Redevelopment Agency
City of Huntington Beach
5:00 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
February 5, 2001
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 Julien Houchen called the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to order at 5:1 Op.m. in Room B-8.
City Council -- Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent: None
(City Council -Redevelopment Agency) Study Session — Received Overview of the
Huntington Beach Conference and Visitor's Bureau — Reports on (1) Anaheim
(Disneyland)/Huntington Beach Shuttle Service and (2) Transient Occupancy Tax (TOT)
Rate Generated by the Hilton Waterfront (Ocean Grand) Resort Hotel
Economic Development Director David Biggs introduced Diane Baker, President and Chief
Executive Officer of the Huntington Beach Conference and Visitor's Bureau (CVB). Ms. Baker
presented a slide report, part of a packet of collateral materials titled Huntington Beach -
Southern California's Coastal Playground distributed at this study session.
Ms. Baker informed Council that a shuttle operator has contacted the city and will provide shuttle
service from Huntington Beach to Anaheim for $10.00 round trip, without subsidy by the city.
This service will begin June 30, 2001.
Ms. Baker introduced members of the Conference and Visitors' Bureau Board of Directors who.
were in the audience.
John Gilbert, member of the CVB Board of Directors and Chairman of the Hilton Waterfront
Beach Resort, reported further from the PowerPoint presentation relative to the California
Transient Occupancy Tax (TOT) rates. He referred to a comparison chart of cities from San
Diego to Santa Barbara which demonstrates how the TOT generates revenue to support the
Conference and Visitors Bureaus in California. Mr. Gilbert clarified that in the case of Huntington
Beach, the growth of the city's TOT rate stems from a greater demand for rooms as well as
higher room rates, and that there has not been an increase in the number of hotel rooms.
Councilmember Garofalo requested that future versions of the chart capture the TOT by number
of hotel rooms.
(2) February 5, 2001 Council/Agency Minutes - Page 2
Mr. Gilbert distributed copies of the Southern California Tourism Guide to members of Council
and spoke regarding the National Tourism Association,
Ms. Baker answered Councilmember Green's inquiries regarding the tram, stating that the
proposed itinerary includes a stop at the Five Points Shopping Center.
Councilmember Garofalo suggested the addition of 300 more hotel rooms, which he estimated
would double the Transient Occupancy Tax revenue. Mr. Gilbert reported on the TOT rate of the
Ocean Grand Resort in response.
(City Council) Statement by Councilmember Garofalo Re: Conflict of Interest Involving the
Huntington Beach Conference and Visitors' Bureau (630.60)
City Attorney Gail Hutton requested Councilmember Garofalo to make a statement relative to the
fact that one year has elapsed since his position of recusing himself from participation in matters
before Council relating to conflict of interest with the Conference and Visitors' Bureau.
Councilmember Garofalo replied that it has been beyond a year since he has severed his
financial involvement with the CVB.
Resumed Study Session
Ms. Baker spoke regarding the configuration of the Waterfront Hilton and its convenient proximity
to the Conference Center location on Main Street and Pacific Coast Highway.
Mr. Gilbert reported on the four citywide conferences planned to be held this year.
Mayor Julien Houchen thanked Ms. Baker and Mr. Gilbert on their fine presentations.
Call Closed Session of City Council/Redevelopment Agency
Motion to Recess to Closed Session — Approved
A motion was made by Cook, second Dettloff to recess to Closed Session on the following items.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
City Attorney Hutton requested that the item relative to Pacifica Tower be removed from Closed
Session, as it is not ready for discussion.
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives, Agency Negotiators: William Workman, Assistant City
Administrator; William Osness, Personnel Director; and Daniel Cassidy, Esquire of Liebert,
Cassidy, and Frierson regarding labor relations matters -- meet and confer with the following
employee organization: HBPOA. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives, Agency Negotiators: William Osness, Personnel Director; and
Richard Whitmore, Esq. of Whitmore, Johnson & Bolanos regarding labor relations matters —
meet and confer with the following employee organization: HBMEO. (120.80)
(3) February 5, 2001 Council/Agency Minutes - Page 3
(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 James Marvin Davis v. City of Huntington Beach,
et al.; Orange County Superior Court Case No. OOCC09935. (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 Chambers v. Ellerbe, et al.; and Related Action in
Intervention, Orange County Superior Court Case No. 796984. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(b)(2)(B) to
confer with its city attorney regarding pending litigation. The facts and circumstances that might
result in litigation against the city or its current or former officers are that the Orange County
Grand Jury is investigating whether city officials violated Water Code § 13271 and/or Health &
Safety Code § 5411.5 by allegedly failing to report sewer leaks to the County Environmental
Health Officer, the Regional Water Quality Control Board, or other officials. Subject: In re:
Grand Jury Investigation into Sewer Leaks. (120.80)
Reconvened City Council/Redevelopment Agency Meeting -- 7:05 P.M.
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on January 16, 2001 (Pursuant to Government Code Section 54957.1(a)(3)(B)) —
City Council Authorized Settlement Agreement In Re: Michael Lawrence Mills v. City of
Huntington Beach —Workers' Compensation Cases and City Claims (120.80)
City Attorney Hutton reported that on January 16, 2001, the City Council convened in dosed
session to discuss the matter of Michael Lawrence Mills v. City of Huntington Beach, Workers'
Compensation Case Nos. AHM 0029678, 0029679, 0029680, 0076206, 0076203, 0076204,
0073451, 0073480, and AHM Unassigned; City Claim Nos. COHB 93-0085, 91-0286, 88-0386,
96-0072, 98-0006, 99-0035 and 99-0119. A copy of the settlement agreement is included in the
agenda packet. Council voted to authorize settlement at $125,005.00. The Council voted
unanimously to approve, with all present.
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on January 16, 2001 (Pursuant to Government Code Section 54957.1(a)(3)(B)) — In
Re: Grand Jury Investigation into Sewer Leaks - Approve Three Agreements For Legal
Representation Between the City and (1) Bailey and Brott, (2) Musick, Peeler & Garret, and
(3) Paul S. Meyer (120.80)
City Attorney Hutton reported that on January 16, 2001, the City Council, in closed session, took
the following actions in reference to the pending Grand Jury investigation into sewer leaks in the
City of Huntington Beach:
The City Council found, pursuant to Government Code § 995.8:
A. That any criminal action brought against Public Works Director Robert Beardsley,
Maintenance Supervisor Don Noble, or former Public Works Director Les Jones for
violation of Health & Safety Code § 4511.1 or Water Code § 13271 will be brought on
account of an act or omission they made within the course and scope of their
employment;
B. That providing City -paid defense counsel to any such criminal actions would be in the
best interest of the City; and
(4) February 5, 2001 CouncillAgency Minutes - Page 4
C. That any actions or omissions of Messrs. Beardsley, Noble and Jones were in good faith,
without actual malice and in the best interests of the City.
2, The City Council voted to appoint Julian Bailey of Bailey and Brott to represent Robert
Beardsley; Barry C. Groveman of Musick, Peeler & Garret to represent Les Jones; and
Paul S. Meyer to represent Don Noble; and further authorized the Mayor to sign and the City
Clerk to attest to the contracts with said firms; the form of said contracts shall be substantially
in the form of the contracts attached hereto as Exhibit A (included in the agenda packet).
3. The City Council further authorized that the costs of defense counsel be paid from the Risk
Management Budget Litigation Defense Account No. E-IC-AS-870-4-05-00.
The Council voted unanimously to approve, with all present.
City Council --- Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent: None
Flag Ceremony and Pledge of Allegiance -- Brownie Troop 84, Huntington Beach.
Invocation — Led by City Administrator Ray Silver.
City Clerk Announces Late Communications Which Pertain to Items on the Agenda
Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced the following Late
Communications which had been received by her office following distribution of the agenda and
which pertain to items on the agenda. These items are in addition to the late communications
announced earlier in the meeting:
Study Session Item: Packet of information from the Huntington Beach Conference Bureau titled
Huntington Beach — Southern California's Coastal Playground.
Communication Re: Agenda Item on the Redevelopment Survey Area Project Study of the
Southeast Huntington Beach Coastal Area from Rosenow, Spevacek Group, Inc. dated
February 5, 2001 titled Feasibility Report Items.
PowerPoint slide presentation titled Grand Coast Resort Hotel Project— Public Improvement
Agreements.
Communication dated February 5, 2001 from Jan D. Vandersloot, M.D. transmitting a question
relating to the (1) Administrative Agenda Item on the Agreements with Mayer Financial L.P. and
(2) Councilmember Bauer's Item on Redevelopment. Communication titled Re. City Council
Agenda Item H-la and F-2.
Communication dated February 5, 2001 from Jan D. Vandersloot, M.D. transmitting a proposal
for keeping the Little Shell Wetlands open to public access to perform maintenance, cleanup and
restoration. Communication titled Little Shell Wetlands — Request for Public Access — Item F-3
on the HB City Council Agenda, February 5, 2001.
(5) February 5, 2001 Council/Agency Minutes - Page 5
Communication dated February 2, 2001 from Councilmember Connie Boardman transmitting an
addendum to the recommended staff action on the Mayer Financial L.P. Amended and Restated,
Disposition and Development Agreement. Communication titled Agenda Item F-3.
Communication dated February 5, 2001 from Jan D. Vandersloot, M.D. transmitting a proposal
for keeping the Little Shell wetlands open to public access to perform maintenance, cleanup and
restoration. Communication titled Little Shell Wetlands — Request for Public Access --- Item F-3
on the HB City Council Agenda, February 5, 2001.
Slide show presentation dated February 5, 2001 from the Department of Economic Development
titled Second Implementation Agreement with Mayer Financial, L.P.
(City Council) Removed from Agenda - Execution of Three Agreements: (1) License
Agreement with the Waterfront Hotel, LLC, and Mayer Financial, L.P., (2) Cooperative.
Agreement No. 12-375 with CalTrans, and (3) Agreement with Orange County Sanitation
District and Mayer Financial, L.P. Involving Public Improvements and a Pedestrian
Overcrossing (of Pacific Coast Highway) in Connection with the Proposed Grand Coast
Resort Hotel Project (600.10)
City Administrator Silver announced that staff has requested that the Administrative Item on the
City and the Orange County Sanitation District Agreements with Mayer Financial, L.P. be
removed from consideration at this evening's meeting. Council concurred.
Public Comments
Clay Hage requested that the election on the proposed Charter Amendment, the Property
Owners' Protection Measure be placed on the November 2002 ballot to give time for the
proponent, Ed Laird to educate the public. Mr. Hage stated that the selection of this election
date will allow ample time for debate and clarification of the measure.
Allen Dauger stated that he is not in favor of nor opposed to, the proposed Charter Amendment,
the Property Owners' Protection Measure but cautioned that the city should not spend an
exorbitant amount on money on the election that can be put to better use on infrastructure
needs. Mr. Dauger recommended the next earliest election date as his choice.
Doug Korthof spoke in opposition to overbuilding in the coastal zone, stating as an example the
Waterfront Hilton Grand Ocean Resort Hotel expansion on Pacific Coast Highway. Regarding
the 301 H waiver, Mr. Korthof stated that it allows for the dumping of raw sewage by the Orange
County Sanitation District (OCSD). He invited everyone to a tour of OCSD on the following
Wednesday, February 7, 2001 to see how the primary effluence of industrial waste flows into the
ocean. Mr. Korthof also informed Council of another event, the OCSD Board of Governors'
meeting held the last Wednesday of each month at 7:00 p.m. at the OCSD facility located on
Euclid Avenue in Fountain Valley.
Adrienne Morrison, Executive Director of the Balsa Chica Wetlands Conservancy spoke
regarding the organization's efforts and requested that the Conservancy be allowed to oversee
the restoration of the Robert Mayer Corporation's Little Shell wetlands property. She expressed
her pleasure that the Shipley Nature Center, in addition to Little Shell is planned for restoration.
Ms. Morrison justified the Conservancy's previous support of the city's position to develop the
wetlands, and asked that the water it receives from runoff not be contaminated.
(6) February 5, 2001 CouncillAgency Minutes - Page 6
Steve Holden informed Council that he is speaking on behalf of the Board of Directors of the
Bolsa Chica Conservancy to request the selection of the Conservancy to oversee the Little Shell
wetlands restoration. Mr. Holden promoted the Conservancy's achievements over the last ten
years as an educational and non -political organization that has received awards for community
beautification and enhancement and which holds good working relationships with several
regulatory agencies.
Joey Racano differentiated between the primary and secondary treatment of sewage,
expressing the opinion that Huntington Beach sewage requires full secondary treatment due to
the dumping of pathogens into the ocean. Mr. Racano spoke in opposition to the 301-H waiver
granted to the Orange County Sanitation District and the Groundwater Replenishment project for
the reason that both allow for the type of ocean water contamination he described.
Gerald Urner spoke in opposition to the city's proposed Tree Program Master Plan. He relayed
the information to Council that while the Huntington Harbour Homeowners' Association believes
that the Master Plan concept is sound, it does not consider as acceptable the types and sizes of
trees, and where they are to be planted. Mr. Urner spoke regarding close control over location,
root structure, and the accumulation of tree fronds and debris and their resultant journey to the
ocean.
Tom Doney informed Council that he has a neutral position in regard to the proposed Property
Owners' Protection Measure Charter Amendment, but due to cost requests that a special
election not be called. He stated that the money expended on a special election would best be
spent on infrastructure needs and youth sports. Mr. Doney objected to what he considers to be a
false notion; that large numbers of people are taken ill or dying from the ocean water in
Huntington Beach.
Joseph Pak, External Affairs Director, Pacific Bell Telephone Company, introduced himself to
Council as PacBell's representative for the city. Mr. Pak stated that he has given his business
card to the City Clerk for anyone who wishes to contact him regarding long distance
communications.
Aviv Tuchman, Attorney at Law, Burlington Coat Factory, stated that the store's issues with the
city concern not having received any proposals from the Huntington Center Mall developer,
Ezralow Properties, Inc. He named several higher -end stores at South Coast Plaza, Costa
Mesa, which are excluded from opening new locations in Huntington Beach; terming them as
being "radiused-out" due to their close proximity with one another. Mr. Tuchman informed
Council that the legal action against the city has been dismissed.
Jan Vandersloot referred to the Late Communication he submitted, announced earlier by the
City Clerk in which he addressed the Mayer Financial L.P. Disposition and Development
Agreement. Dr. Vandersloot stated his doubt that the proposed conveyance to a private
developer, and not to a public trust, complies with the deed restriction on Little Shell. He stated
that if overseeing of the Little Shell wetlands by a private agency is allowed, he is requesting the
selection of the Huntington Beach Wetlands Conservancy. Dr. Vandersloot referred to his Late
Communication in reference to Councilmember Bauer's agenda item.
Bob Crafton informed Council that he is speaking on behalf of neighborhood homeowners to
request repaving of two streets, Almelo and Breda Lanes, with an asphalt overlay as was done
for the rest of the tract to receive equal treatment. Mr. Crafton stated the re -appearance of
cracks and lowered property values as the reasons he and his neighbors have against the two
streets being planned for slurry sealing rather than overlayed.
(7) February 5, 2001 Council/Agency Minutes - Page 7
(City Council) Received Report from Public Works Director on Ashphalt Overlay and
Slurry Seal Street Repair Programs (800.10)
In response to Mr. Bob Crafton's concerns expressed during the public comments portion of the
meeting, Public Works director Robert F. Beardsley stated that he has worked with the residents
in the area regarding the slurry seal program. He informed Council that the solution to overlay
with asphalt overlay is the exception rather than the rule, speaking relative to factors of cost and
street soils conditions.
Mayor Julien Houchen requested the Public Works Department to contact the last speaker,
Mr. Grafton.
(City Council -Redevelopment Agency} Received Report from Economic Development
Director Re: City's Long Term Lease with Mayer Financial L.P. for the Waterfront Hilton
Hotel (Grand Coast Resort) (600.30)
Economic Development Director David Biggs responded to Council -Agency Member Bauer's
question relative to the long-term lease agreement between the city and the Waterfront Hilton
Hotel. Mr. Biggs spoke regarding the proposed 99-year ground lease agreement for the Grand
Coast Resort, for which the developer, Mayer Financial L.P. plans to build a conference center.
In regard to this parcel, Economic Development Director Biggs spoke about increased hotel
occupancy rates and growth of the city's revenue from the Transient Occupancy Tax (TOT).
Economic Development Director Biggs concurred with Dr. Bauer's statement that a portion of
said revenue will go into affordable housing. Director Biggs spoke further regarding the
Brownfield Grant and HUD (Housing and Urban Development) Section 108 Loans; funding that
he said the Redevelopment Agency has secured towards the Agency's endeavor for more
affordable housing.
Mayor Pro Tem Cook stated that this discourse is not an agenda item, and at such time as it is
she would like to present information in rebuttal to the statements made by Council -Agency
Member Bauer relative to the Waterfront Hilton Hotel development, citing the fact that the
residential portion of the project has not been addressed in this discussion.
Resumed Public Comments
Stefan Rubendall informed Council that he is representing his neighbors living adjacent to the
three middle schools in the Ocean View School District who wish to raise the city's awareness
regarding OVSD's proposed construction of an auditorium/gymnasium. Mr. Rubendall stated his
objection in terms of what he considers to be the project's negative impact on the quality of life,
including the potential of crimes against children and increased parking and infrastructure
problems.
Michael Slavo, representative of United Association Local 250, spoke regarding work that was
not done correctly on the CENCO property near Newland Street, which his union was asked to
fix. He claimed that the city will have a clean refinery in March 2001. Mr. Slavo pointed to
individuals in the audience he said are being put out of work due to non -union labor hired by the
AES electric plant. He referred to a sworn affidavit he stated leaving with the City Attorney's
Office promising to obtain for the city the electric power it needs, and permitting rights for the
AES facility,
(8) February 5, 2001 Council/Agency Minutes - Page 8
Jerry Elliot, member of United Association Local 250 requested Council support of union
craftsmen.
Sherril Dick spoke in opposition to Ocean View School District Superintendent Tarwater's
proposed construction of what she described as a "college -sized" gym/auditorium to be
constructed for rental purposes in the vicinity of the Spring View Middle School. She protested
the detrimental effects on the neighborhood with bussing, including that it will co -mingle adults
with high school children. Ms_ Dick objected to the lack of prior notification and opportunity for
input given the community, who she polled would have been 91 % against the OVSD Board's
action to approve the project.
Mayor Pro Tem Cook inquired if the city has jurisdiction over parking, to which Planning Director
Howard Zelefsky responded by citing instances such as when the school district plans to rent the
proposed facility that the city's zoning laws are applicable. City Attorney Hutton reported that the
school district has absolute authority in classroom and educational matters, and that an analysis
is needed in the above situation.
Ed Rezek, Boeing Company Engineer, spoke regarding what he believes are unnecessary and
excessive charges made to the city by the law firm of Moore, Rutter & Evans, Mr. Resek
distributed case material to Councilmembers, requesting Council's evaluation of fees and
justification for hours billed and Council's supervision over the defense firm.
Don McGee spoke in opposition to former Mayor Garofalo, and to the proposal charter
amendment election - Property Owners' Rights Protection Measure. Mr. McGee urged everyone
to sign up to recall Councilmember Garofalo.
Dean Albright reiterated the earlier speaker, Mr. Bob Crafton's comments regarding the
exclusion of Almelo and Breda Lanes, stating it is his belief that the street repair of the entire
tract would be accomplished with an asphalt overlay. He spoke about the unusually soft and
malleable soil condition, which would not be improved with slurry sealing. Mr. Albright concurred
with the speakers regarding the Ocean View School District's proposed construction of a rental
gym/auditorium. He informed Council that traffic congestion would be compounded, as Marine
View Middle School already busses in its students.
In response to Councilmember Boardman, Public Works Director Beardsley affirmed that two
streets out of the entire tract, Almelo and Breda Lanes were not repaired with an asphalt overlay.
Mr. Beardsley reiterated that this was because slurry sealing would be inadequate for the other
streets.
Steve Gullage, President of the Huntington Beach Mobile home Owner's Association expressed
his belief that Councilmember Garofalo should not vote on mobile home issues due to his
relationship with Ed Laird, the proponent of the agenda item on the Charter Amendment. He
described the Property Owners' Protection Measure as a means of destroying the constitutional
rights of mobile home owners, and voiced the opinion that the citizens would like the measure to
be placed on the ballot as soon as possible in order to defeat it. Mr. Gullage asked everyone to
join with others in CHARG (Committee for an Honest and Responsive Government) and affix
their signatures on a petition for the recall of Councilmember Garofalo.
Rocky LaCross, representative of Burlington Coat Factory (BCF), updated Council that his
company has not received a response from Ezralow Properties, Inc. Mr. LaCross communicated
his desire to dissuade people's concern that BCF will go the way of Montgomery Wards. He
stated that BCF is not owned by a conglomerate as is Wards. He expounded that BCF is a
(9) February 5, 2001 Council/Agency Minutes - Page 9
strong retailer, and provided its debt -to -asset ratio. Mr. LaCross spoke regarding BCF's plans to
acclimate into the "Italian Village" concept of the new Huntington Center mall.
Lou Baker spoke in opposition to the dumping of raw sewage into the ocean, cautioning against
the city going the way of Seal Beach with its cancellation of a surf contest and beach closure due
to bacterial contamination. He stated that the answer is Poseidon, a company that claims it can
remove the bacteria caused by the "percolating" action of hot water poured into the ocean.
Mr. Baker stated that he presented his views in writing to which he has not received a response.
(City Council) Received Report on the January 18, 2001 Second Community Meeting of
the City Council Southeast Area Committee (Mayor Pro Tern Debbie Cook and
Councilmembers Connie Boardman and Ralph Bauer) and the Southeast Huntington
Beach Community Re: the Proposed Coastal Redevelopment Area Plan (a Consent
Calendar Agenda Item) (410.05)
The City Council considered a communication received from Councilmember Connie Boardman
regarding the Southeast Coastal Redevelopment Plan discussed at the second community
meeting between the City Council Committee on the Southeast Area members, city staff, and the
Southeast Huntington Beach neighborhood. The Redevelopment Agency consultant, Rosenow
Spevacek Group (RSG) provided an overview of the redevelopment process as a tool to be used
for area improvements of the Ascon-Nesi Site, the AES Power Plant, and the CENCO property;
and staff responded to homeowners' concerns on zoning requirements and the proposed
Hamilton Avenue extension. The minutes of the January 18, 2001 meeting are included in the
agenda packet.
The City Council agenda includes an item this evening to approve a Survey Area as one of the
initial steps to allow for the continued evaluation of redevelopment for the Southeast Coastal
area.
Councilmember Boardman stressed what was intended to be communicated in her report; that
the homeowners and other members of the Southeast Huntington Beach neighborhood
community have voiced many concerns over the recommendation to plan the area for a
Redevelopment survey.
(City Council) Approved Councilmember Ralph Bauer's Recommendations of Council
Representatives Appointed to Two Southern California Association of Governments
(SCAG) Committees: 1) Mayor Pro Tem Debbie Cook to Transportation and
Communications; and (2) Mayor Pam Julien Houchen to Energy and Environment
(120.20)
The City Council considered a communication received from Councilmember Ralph Bauer,
Council representative on Southern California Association of Governments (SCAG), informing
Council that as the City of Huntington Beach holds an individual seat on SCAG, the City is
entitled to have representatives on each of the SCAG committees. These are:
■ Community, Economic, & Human Development
■ Energy & Environment
■ Transportation and Communications
(10) February 5, 2001 Council/Agency Minutes - Page 10
As the City's representative to SLAG, Councilmember Bauer also sits on the Community,
Economic, & Human Development Committee. Councilmember Bauer recommends that the
Council approve appointing Councilmembers to the other two policy committees. Both
Committees meeting on the first Thursday of the month at 10:00 a.m.
• Transportation & Communications
• Energy & Environment
Councilmember Bauer provided a briefing on SCAG as a group of 180 members. He informed
Council that the Transportation Committee section plans to meet on air quality issues.
A motion was made by Bauer, second Dettloff to 1. Approve the appointment of Mayor Pro Tem
Debbie Cook as the City's representative to SCAG's Transportation & Communications
Committee; and 2. Approve the appointment of Mayor Pam Julien Houchen to SCAG's Energy &
Environment Committee. The motion carried by the following roll tali vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Approved Intergovernmental Relations Committee Recommendations of
Tier 1 and Tier 2 Project Funding Priorities to Receive the Highest Level of Focus as
Recommended by (1) Morshed & Associates and (2) Ferguson Group for Presentation by
the City's State and Federal Lobbyists at the 2001 Legislative Session (640.90)
The City Council considered a communication received from Councilmember Shirley Dettloff, as
Intergovernmental Relations Committee Chair and on behalf of Council Liaisons, Mayor Pro Tern
Debbie Cook and Councilmember Ralph Bauer. The Council committee is transmitting for
Council approval its recommendations of those projects to receive the highest level of focus by
the Federal and State Lobbyists during the 2001 legislative session.
The Intergovernmental Relations Committee (IRC) has reviewed the recommendations of
Morshed & Associates and the Ferguson Group and is recommending that the City Council take
the following action:
Councilmember Boardman inquired regarding funding which may be available for the Bolsa
Chica through this action. Councilmember Dettloff responded that the consultants reviewing the
projects know the chances for success; which type of funds are available for what type of
projects.
Councilmember Bauer suggested looking into successful grant writing through Senior
Management Consultant Patricia Dapkus and with the guidance of the IRC. Councilmember
Dettloff stated that many good grant writers are members of the public, and that the IRC could
take this matter under consideration.
A motion was made by Dettloff, second Green to 1. Approve the projects to have the high level
of focus for funding efforts by the Ferguson Group at the Federal level (Attachment 1); and
2. Approve the projects to have the high level of focus for funding efforts by Morshed &
Associates at the State level (Attachment 2). The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(11) February 5, 2001 Council/Agency Minutes - Page 11
(City Administrator's Report) Announcement Re: Agenda Item Relative to Terra -Cal
Construction, Inc. for the Beach Boulevard Median Landscape Improvements: CC-1143
(600.10)
City Administrator Silver announced that he wished to take special note of this agenda item,
which will be presented on the Consent Calendar at this evening's meeting for approval of the
median landscape improvements along Beach Boulevard.
(City Administrator's Report) Announcement of the Appointment of Paul Emery as the
Deputy Director of Public Works (800.10)
Department of Public Works Director Beardsley introduced Mr. Paul Emery, the newly hired
Deputy Director of Public Works and replacement for Mr. Daryl D. Smith, Interim Deputy Director.
Mr. Beardsley encapsulated Mr. Emery's credentials from an extensive public works background,
which includes many years of service with the City of Santa Ana where Mr. Emery worked his
way up the ranks to become the Maintenance Services Manager.
The City Council congratulated Mr. Paul Emery on his appointment.
(City Council) Reviewed and Accepted City Treasurer's December 2000 Investment
Summary Report (310.20)
The City Council considered a communication from the City Treasurer transmitting the Monthly
Investment Report for December 2000.
City Treasurer Shari Freidenrich presented an oral report, informing Council that her personal
policy for the city's portfolio is in the investment of triple A and double A credit bonds. She stated
that there is one single A bond in compliance with the investment policy. In response to
Councilmember Garofalo's inquiry, City Treasurer Freidenrich identified the bond as Wachovia
Corporation, and stated that it is being closely monitored for possible sale and reinvestment.
She announced that the city has no investment in either Southern California Edison or Pacific
Gas & Electric.
Council thanked City Treasurer Freidenrich for her report.
A motion was made by Garofalo, second Dettloff to review and accept the monthly report.
Following review of the report, by motion of Council, accept the Monthly Investment Report
Summary of Investment Portfolio for December 2000 pursuant to Section 17.0 of the Investment
Policy of the City of Huntington Beach. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Community Service Department's Project Self -Sufficiency (PSS) 2001 Action Plan
(570.50)
(12) February 5, 2001 Council/Agency Minutes - Page 12
(City Council) Resolution No. 2001-3 - A Resolution by the City Council of the City of Huntington
Beach Designating Southeast Huntington Beach as a Redevelopment Survey Area for Project
Study Purposes (Encompassing Magnolia and Newland Streets and Pacific Coast Highway and
Excluding Huntington By -the -Sea Mobilehome Park) (410.05)
(City Council) Award of Contract — Terra -Cal Construction, Inc. for the Beach Boulevard Median
Improvements; CC-1143 (600.10)
(City Council) Rejection of the Bids and Modification of the Scope and Readvertise the South
Beach Phase One Construction Project, CC-1106 (600.10)
(Redevelopment Agency) Third Amendment to Office Space Lease between Abdelmuti
Development Company and Computer Memory Test Labs, Inc. (Oceanview Promenade, Suites
2G and 2H) -- Main -Pier Redevelopment Project Area (600.30)
Consent Calendar — Items Approved
On motion by Green, second Dettloff, Council approved the following Consent Calendar items,
as recommended. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Minutes Approved— Approved and adopted the
minutes of the City Council/Redevelopment Agency regular adjourned meetings of
January 12, 2001 and regular meetings of January 16, 2001 as written and on file in the Office of
the City Clerk. Submitted by the City Clerk.
(City Council) Accepted the Truck Wash Facility CC-1097 (improvements Constructed by
American Restoration & Renovation, Inc. at the Water Operations Yard, 19001 Huntington
Street) and File a Notice of Completion (600.80) — Accepted the Truck Wash Facility CC-1097
at a final cost of $170,374.70 and authorize the City Clerk to file a Notice of Completion with the
County Recorder's Office. Submitted by the Public Works Director. Funding Source: Water
Division's Capital Improvement Budget.
(City Council) Approved Final Tract Map No. 15816 of Tentative Tract Map No. 15816 with
Bonds and Agreements (n/e Corner of Beach Boulevard and Atlanta Avenue) -- Approved
Subdivision Agreement between the City and Atlanta and Beach L.P. (420.60) --
1. Approved Final Tract Map No. 15816 and accepted the offer of dedication, improvements, and
bonds; and 2. Approved the Subdivision Agreement by and between the City of Huntington
Beach and Atlanta & Beach, L..P., for Tract No. 15816 and authorized execution by the Mayor
and City Clerk pursuant to findings and requirements set forth in Attachment No. 1 to the
Request for Council Action as follows: Findings for Acceptance of Final Map: Final Tract Map
No. 15816 is in conformance with the California Subdivision Map Act, the City of Huntington
Beach Subdivision Ordinance and Tentative Tract Map No. 15816 conditions of approval as
approved by the Planning Commission. Requirements: 1. Offer of dedication and
improvements are subject to completion of requirements shown on the tentative map. 2. The
City Clerk is hereby instructed to file bonds with the City Treasurer (Attachment No. 6): a.
Faithful Performance Bond No. 3SM 986 695 00; b. Labor and Material Bond No. 3SM 986 695
00; and c. Monument Bond No. 3SM 986 696 00 (American Motorists Insurance Company).
(13) February 5, 2001 Council/Agency Minutes - Page 13
3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary
processing by the County of Orange for recordation until the following conditions have been
complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and
inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for
the subdivision shall be approved by the Department of Public Works prior to recordation of the
final map; d. An approved Subdivision Agreement shall be submitted (Attachment No. 5); and
e. Payment of Park and Recreation In -Lieu Fees. Submitted by the Planning Director. Funding
Source: Not Applicable
(City Council) Approved Settlement Agreement and Release and Uniform Qualified
Assignment with Related Documents in Doherty v. City of Huntington Beach, OCSCC
No. O0000677 (600.10) — Approved and authorized the Mayor to execute and the City Clerk to
attest to the Settlement Agreement and Release, the Uniform Qualified Assignment and related
documents in the settlement of the case entitled Doherty v. City of Huntington Beach. Submitted
by the City Attorney. Funding Source: Risk Management Budget Litigation Account.
(City Council) Approved Standard Agreement between the City and the Franchise Tax
Board (for a One -Time Exchange of Information on Business Licenses from January 2001
through December 2002) (600.10) —1. Approved and authorized the Mayor and City Clerk to
execute Standard Agreement C2020090 between the City of Huntington Beach and the
Franchise Tax Board; and 2. Directed the City Treasurer and the Fire Chief/ Information Systems
Director to provide this information to the Franchise Tax Board. Submitted by the City Treasurer
and the Fire Chief/information Systems Director. Funding Source: None (revenue to the City).
(The one time exchange of information is for reimbursement of up to $40,000 from
January 15, 2001 to December 31, 2002).
(City Council) Approved a Three Year Contract Agreement between the City and
Employment Systems, Inc. (ESI) to Lease Temporary Personnel to Provide Computer
Services for Main Frame Maintenance/Hardware and Internal Data Systems Backup
(600.10) — Approved and authorized execution by the Mayor and City Clerk of the Agreement to
Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc.
for computer services to perform mainframe maintenance and system backup services.
Submitted by the Fire Chiefllnformation Systems Director. Funding Source: FY 2000/2001
Budget in the Non -departmental Information Systems Business System salary and benefit
savings. Total during three-year period not to exceed $277,648.
(City Council) Authorized the Expenditure of Existing Funds to Provide Additional
Information Systems Staffing Through the Current Contract with Compuware Corporation
(600.10) —Authorized the expenditure of existing funds in the amount of $260,000 to provide
additional Information Systems staffing through the existing contract with Compuware
Corporation until such time as budgeted vacant positions can be recruited, tested, and hired.
Submitted by the Fire Chief/information Systems Director. Funding Source: Information Systems
(IS) budget of $586,000 for positions which are currently vacant. These funds are available in
Salaries and Benefits and will be transferred to Professional Services for expenditures. No
additional funds are needed.
(City Council) Approved Second -Term Reappointments to Human Relations Task Force —
Kuperberg-Lee-Inouye-Lebow-Provencher-Slutsky-Thomas-Front and Four Remaining,
Advertised Vacancies to be Filled Following Council Liaison Review (110.20) — Approved
the reappointments of Sid Kuperberg, Kim Phuong Lee, Ken Inouye, Jeff Lebow,
Fred Provencher, Billie Slutsky, Charles Thomas, and Reggie Front with terms to expire
January 31, 2005. Submitted by the City Administrator and recommended by City Council
(14) February 5, 2001 Council/Agency Minutes - Page 14
Liaisons Shirley Dettloff and Ralph Bauer. The remaining four vacancies will be filled following
review of all applications by the City Council Liaisons. Funding Source: None required.
(City Council) Approved Community Service Department's Project Self -Sufficiency (PSS)
2001 Action Plan (570.50)
The City Council considered a communication from the Community Services Department
requesting approval of the Community Services Department's Project Self -Sufficiency 2001
Action Plan. (The PSS 2001 Action Plan describes the mission, goals and objectives for the
local program. The plan also describes the community interaction between the public and
private sectors. The Action Plan has been amended as follows: The Project Self -Sufficiency
Foundation has moved its Project Self -Sufficiency food pantry and has also begun a rental
assistance program for three Project Self -Sufficiency families.)
Councilmember Boardman requested that this item be removed from the Consent Calendar for
separate consideration. Councilmember Boardman stated her support of the program. She
informed staff that it would be helpful if future PSS action plans were to include budgetary
information.
City Administrator Silver directed staff to follow up with Council regarding this matter.
A motion was made by Boardman, second Green to approve the Community Services
Department's Project Self -Sufficiency 2001 Action Plan. The motion carried by the following roll
call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Resolution No. 2001-3 - Designating Southeast Huntington Beach
as a Redevelopment Survey Area for Project Study Purposes (Encompassing Magnolia
and Newland Streets and Pacific Coast Highway and Excluding Huntington By -the -Sea
Mohilehome Park) (410.05)
The City Council considered a communication which sets forth that the City Council has
previously reviewed the Southeast Coastal Area Redevelopment Feasibility Study report dated
October 5, 1999, in which it was demonstrated that this area could be designated as a new
redevelopment project area. Economic Development staff has prepared the necessary
documents for the City Council to adopt a resolution designating this "redevelopment survey
area" as the first step in considP.rinn PStahlkhmPnt of tha SniithpnO C'nactal Prr%ior-t ArAn
Mayor Pro Tern Cook requested that this item be removed from the Consent Calendar for
separate discussion. She stated that she would like to continue coordination of the matter but
without redevelopment proceedings and its consultant fees. She enumerated several concerns,
including what she learned about the increase in the study area in relation to the issue of the
wetlands. Mayor Pro Tern Cook stated that she questions that the area meets Redevelopment
Agency qualifications. Mayor Pro Tern Cook stated that it is purportedly urbanized, but that she
disagrees with that contention due to belief that much of the area to be studied is open space.
Mayor Pro Tern Cook also expressed the concern over the potential merger with the Seacliff, a
proposal that she stated the community was promised would not occur.
(15) February 5, 2001 Council/Agency Minutes - Page 15
Councilmember Boardman inquired as to what the Redevelopment Agency can do that the city
cannot.
In response to the inquiries from Mayor Pro Tern Cook and Councilmember Boardman,
Economic Development Director Biggs referred to the Late Communication from Rosenow,
Spevacek Group, Inc. (RSG) that had been announced earlier by the City Clerk.
Councilmember Garofalo informed Council of his attendance in the audience as an observer
without participation at the Southeast Area Community Meeting of January 18, 2001, which had
been reported on by Council Committee member Boardman earlier at this evening's meeting.
Echoing Mayor Pro Tern Cook's concern that all sides be represented, Councilmember Garofalo
recommended expanding the focus group to include the mix of representatives of the community
identified by Councilmember Boardman in her report, such as the Surfside Homeowners'
Association and the Cabrillo Mobile Home Park.
Councilmember Garofalo stated his intention to recommend that in the future, the Southeast
neighborhood community meet with the full Council at scheduled Council meetings.
Considerable debate followed in consideration of Mayor Pro Tern Cook's request that staff
describe the Redevelopment Agency's consultant's scope of services and to present the pros
and cons of spending $190,000 for consultant fees.
A motion was made by Bauer, second Dettloff to adopt Resolution No. 2001-3 — "A Resolution
of the City Council of the City of Huntington Beach Designating a Redevelopment Survey Area
for Project Study Purposes." The motion carried by the following roll call vote:
AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
(City Council) Accepted Bid and Authorized the Award of Contract — Terra -Cal
Construction, Inc. for the Beach Boulevard Median and Landscape Improvements;
CC-1143 (600.10)
The City Council considered a communication from the Public Works Department requesting the
award of a contract to Terra -Cal Construction, Inc.; (CC-11-43) for the Beach Boulevard Median
and Landscape Improvements.
Mayor Julien Houchen announced that she requested this item to be removed from the Consent
Calendar so that it would not go unnoticed. Along that note, Mayor Julien Houchen pointed out
that the Beach Boulevard Auto Dealers Association has generated four million dollars to the city
in sales tax revenue during the last twelve months.
(16) February 5, 2001 Council/Agency Minutes - Page 16
A motion was made by Julien Houchen, second Dettloff to 1. Accept the lowest bid submitted by
Terra -Cal Construction, Inc. for the construction of the Beach Boulevard Median Improvements,
CC-1143 and determine that the bid is responsible/responsive; and 2. Approve and authorize
the Mayor and the City Clerk to execute the construction contract between the City of Huntington
Beach and Terra -Cal Construction, Inc. in the amount of $859,800 for the construction of the
Beach Boulevard Median Improvements, CC-1143; and 3. Authorize the Director of Public Works
to expend up to $956,000, which includes the contract cost of $859,000, estimated contingency
of $85,980 and $10,220 in undesignated supplemental expenditures. The motion carried by the
following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Authorized Rejection of the Bids and Modification of the Scope and the
Readvertisement of the South Beach Phase One Construction Project, CC-1106 (600.10)
The City Council received a communication from the Public Works Department requesting
approval of the rejection of the five bids received on January 4, 2001 for South Beach Phase
One, CC-1106 and authorize the modification of scope and subsequent readvertisement of the
project for bids.
Councilmember Bauer requested that this item be removed from the Consent Calendar for
separate discussion. He inquired if there is any way to avoid rejecting the bids altogether when
bids are received in too high an amount. Public Works Director Beardsley responded that staff
will to look into the possibility of modifications that allow for the deduction of line item amounts to
be sent out to the bidders to avoid the rejection of bids in future projects.
A motion was made by Bauer, second Green to 1. Reject the five bids received for South Beach
Phase One, CC-1106 and direct the City Clerk to return all bid bonds; and 2. Authorize the
Director of Public Works to modify the scope as recommended by staff and readvertise the South
Beach Phase One construction project, CC-1106 for bids. The motion carried by the following roll
call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Garofalo out of the room)
(Redevelopment Agency) Approve as to Form. Third Amendment to Office Space Lease
between Abdelmuti Development Company and Computer Memory Test Labs, Inc.
(Oceanview Promenade, Suites 2G and 2H) — Main -Pier Redevelopment Project Area
(600.30)
The City Council considered a communication from the Economic Development Department that
sets forth that the Owner Participation Agreement between the Agency and Abdelmuti
Development Company requires the Agency to review and "Approve as to Form" all leases within
the office space of the Ocean Promenade building.
Agency Member Bauer requested that this item be removed from the Consent Calendar to inform
Council that he is "taking up the cudgel' where former Council -Agency Member Dave Sullivan
left off, to inquire why we cannot charge market rate instead of subsidizing the project.
(17) February 5, 2001 Council/Agency Minutes - Page 17
Economic Development Director Biggs responded that it is a contractual obligation. Director
Biggs informed Council of a study conducted by Keyser Marston and Associates (KMA) and its
findings that the guaranteed rate prevents the elimination of the subsidy; that the only real
alternative would be to leave the space vacant.
Agency Member Bauer spoke regarding the two lawsuits that Abdelmuti has pending against the
Agency.
A motion was made by Bauer to reject approval of the item. The motion died for lack of a
second.
A motion was made by Dettloff, second Green to approve as to form the attached Third
Amendment to Office Space Lease between Abdelmuti Development Company and Computer
Memory Test Labs Inc., a California Corporation. The motion carried by the following roll call
vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff
NOES: Bauer
ABSENT: None (Garofalo out of room)
(City Council) Accepted the County Registrar of Voters Certificate as to Verification of
Signatures on a Petition Called the Property Rights Protection Measure to Amend Section
803 of the City Charter (Mr. Ed Laird, Proponent) and Selected the General Municipal
Election Date of March 5, 2002 as the Date for Election on Said Measure (620.30)
The City Council considered a communication from the City Clerk transmitting for City Council
acceptance, the Certificate as to Verification of Signatures on a petition called the Property
Rights Protection Measure to amend Section 803 of the Huntington Beach City Charter. The
City Charter Amendment petition, called the Property Rights Protection Measure has been
certified by the County Registrar of Voters to have sufficient number of valid signatures of
registered voters to qualify for placement on the ballot at an election date to be determined by
the City Council.
The City Clerk provided background information on the petition. She responded to Council's
questions in reference to the costs to be incurred with each election date. The City Clerk
confirmed that the action to be taken tonight requires two motions: The first requires Council
acceptance of the certificate. The second, which is the selection of the date, does not have to be
decided at this time. The City Clerk informed Council that when a date is selected by Council for
the election, she will present the resolutions calling for the election for approval.
Councilmember Boardman stated that she is in favor of setting the earliest date at the least cost,
as the outcome of the election will impact the rent control measure that the mobile home owners
have been attempting to put forward as a city ordinance.
A motion was made by Green, second Boardman to accept the Certificate as to Verification of
Signatures on Petition called Property Rights Protection Measure provided to the City Clerk from
the County Registrar of Voters, dated January 11, 2001. The motion carried by the following roll
call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo Dettloff, Bauer
NOES: None
ABSENT: None
(18) February 5, 2001 Council/Agency Minutes - Page 18
A motion was made by Green, second Bauer to select the election date of March 5, 2002 from
under the Analysis section of the staff report and direct the City Clerk to prepare the appropriate
"call for election" resolutions for presentation to Council at a future Council meeting. The motion
carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Removed from Agenda: Execution of Three Agreements: (1) License
Agreement with the Waterfront Hotel, LLC, and Mayer Financial, L.P., (2) Cooperative
Agreement No. 12.375 with CalTrans, and (3) Agreement with Orange County Sanitation
District and Mayer Financial, L.P. Involving Public Improvements and a Pedestrian
Overcrossing (of Pacific Coast Highway) in Connection with the Proposed Grand Coast
Resort Hotel Project (600.10)
The City Council concurred with the staff request that this item be pulled from the agenda and
brought back February 20, 2001.
(Redevelopment Agency) Approved the Second Implementation Agreement to Amended
and Restated Disposition and Development Agreement (DDA) with Mayer Financial, L.P.
(Waterfront Site Expansion - Hilton Grand Coast Resort) in Connection with Settlement
Agreement with the Coastal Commission - Denied Motion to Execute a Memorandum of
Understanding with the Huntington Beach Wetlands Conservancy for Interim Maintenance
and Management of the Little Shell Wetlands - Approved Referral to the Bolsa Chica
Committee to Select Non -Profit Group to Maintain Little Shell Wetlands and Return with
Recommendations to February 20, 2001 Meeting) (600.30)
The Redevelopment Agency Members considered a communication from the Economic
Development Department submitting that the Redevelopment Agency is parry to a Disposition
and Development Agreement (DDA) with Mayer Financial, L.P. (the Developer). This agreement
was subsequently amended by a First Implementation Agreement. These two agreements
together constitute the "Existing Agreement" and provide for the phased disposition of hotel site,
the residential property and related public improvements. The Second Implementation
Agreement is submitted to the Agency to acknowledge the Settlement Agreement with the
Coastal Commission and its related consequences of potentially reducing the number of
residential units, as well as acknowledging the License Agreement with the City for the
pedestrian overcrossing, (which will be introduced as an agenda item at the February 20, 2001
City Council -Redevelopment Agency meeting) and restricting the eligible costs for which the
Agency can reimburse the Developer.
Economic Development Director Biggs presented a PowerPoint presentation titled Grand Coast
Resort Hotel Project - Public Improvement Agreements that had been announced earlier as a
Late Communication by the Agency Clerk.
Economic Development Director Biggs informed the Agency Members that Agency Special
Counsel Murray Kane is present and available to answer any questions.
Agency Member Boardman spoke regarding the concerns outlined in the letter submitted by
Dr. Jan D. Vandersloot dated February 5, 2001 and titled Re: Little Shell Wetlands -- Request for
Public Access announced earlier by the Agency Clerk as a Late Communication.
(19) February 5, 2001 Council/Agency Minutes - Page 19
Agency Member Boardman announced that following Council and staff discussion she will call
for a motion to amend the recommended action, which is proposed in her City Council Memo
dated February 2, 2001 and titled Agenda Item F-3, announced earlier as a Late Communication
by the Agency Clerk. Agency Member Boardman requested the execution of a Memorandum of
Understanding with the Huntington Beach Wetlands Conservancy for interim maintenance and
management of the Little Shell Wetlands.
Agency Member Bauer referred to the lawsuit filed by the Bolsa Chica Land Trust against the
California Coastal Commission and stated that he still has a series of unanswered questions
which he will submit in writing to staff before deciding on a course of action.
A motion was made by Bauer to postpone the item to a later date. The motion died for a lack of
a second.
Agency Member Dettloff informed Council that she was ready to vote now, and invited two
members of the Huntington Beach Wetlands Conservancy, Dr. Gordon Smith and
Mr. Gary Gorman to speak about their organization.
Dr. Smith spoke regarding the Conservancy's achievements, including the Talbert -Marsh, its first
project which was completed in 1989. He informed Council of a culvert joining Little Shell to a
larger wetland.
Agency Member Bauer stated his disapproval of the animal care facility located adjacent to the
AES power plant in the area, referring to the center's financial difficulties. Mr. Gorman replied for
Council's edification that the humane center is a separate issue unrelated to this item.
Agency Member Bauer informed Council that he deemed that it would be premature to select an
Interim Manager at this meeting, stating that the process entails careful deliberation after
proposals have been received and reviewed by staff.
Mr. Stephen Bone, President of Mayer Financial L.P. informed the Redevelopment Agency
Members of his company's intent to preserve Little Shell, and welcomed the Huntington Beach
Wetlands Conservancy to assume managerial control over the parcel on an interim basis.
Mayor Pro Tern Cook expressed doubt over Mayer Financial L.P. providing fiduciary control,
stating that the corporation has been found to have no prior knowledge of the pipeline that
connects Little Shell with a greater wetlands area.
A motion was made by Boardman, second Cook to accept and approve the Second
Implementation Agreement to Amended and Restated Disposition and Development Agreement
between the Redevelopment Agency of the City of Huntington Beach and Mayer Financial L.P.
with the following stipulation: That the Council directs staff to facilitate a Memorandum of
Understanding among the Huntington Beach Wetlands Conservancy, Mayer Financial, L.P. and
the City of Huntington Beach for interim maintenance and management of the Little Shell
Wetlands while the wetland area is not owned by the city. The motion failed by the following roll
call vote:
AYES: Boardman, Cook
NOES: Green, Julien Houchen, Dettloff, Bauer
ABSENT: None (Garofalo out of room)
(20) February 5, 2001 Council/Agency Minutes - Page 20
Agency Member Dettloff cautioned that selection of an Interim Manager should be conducted in
a careful fashion.
Agency Member Green suggested to refer the matter of the interim management of Little Shell to
the Bolsa Chica Committee who will review the applicants' prospectus.
Agency Chair Julien Houchen concurred, entertaining a motion to request the Bolsa Chica
Committee to meet the following Monday, February 12, 2001 to make a selection for Interim
Manager. The Agency Members amended the main motion, as follows:
A motion was made by Green, second Boardman to refer selection of non-profit group to the
Bolsa Chica Committee and that committee interview and return to Council with their
recommendation at the February 20, 2001 Council meeting. The motion carried by the following
roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Garofalo out of room)
A motion was made by Green, second Dettloff to return to the main motion and 1. Accept and
approve the Second Implementation Agreement to Amended and Restated Disposition and
Development Agreement between the Redevelopment Agency of the City of Huntington Beach
and Mayer Financial, L.P. and 2. Authorize Agency Chairman and Agency Clerk to Execute the
Second Implementation Agreement; and as amended, refer selection of non-profit group to the
Bolsa Chica Committee to interview and return to Council with their recommendation at the
February 20, 2001 Council meeting. The motion carried by the following roll call. vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Garofalo out of room)
(City Council/Redevelopment Agency) Statement Made by City Council/Redevelopment
Agency Member Ralph Bauer Proposing the Required Televising of City Council/
Redevelopment Agency Meetings as They Pertain to Any and All Redevelopment Agency
Proceedings (160.10)
The City Council considered a communication received from Councilmember Ralph Bauer
transmitting the following Statement of Issue: It was recently commented at a Council meeting
that the staff has misled the City Council with regards to redevelopment. The allusion that the
staff is unprofessional or that the Council does not understand redevelopment deserves further
discussion on television. In connection with redevelopment, the question remains: Why do many
highly intelligent people who understand municipal finance in detail believe that redevelopment is
an effective way to deal with urban blight?
Council -Agency Member Boardman inquired regarding the cost of televising all study sessions,
after which the City Council -Redevelopment Agency Members held a debate over the merits of
televising all Council meetings.
(21) February 5, 2001 Council/Agency Minutes -Page 21
A motion was made by Cook, second Boardman that the main motion on the table: "That all
future Council meetings where redevelopment is discussed be televised, since the comment was
made on television," be amended to have all Council -Redevelopment Agency meetings
televised. The motion failed by the following roll call vote:
AYES: Boardman, Cook
NOES: Green, Julien Houchen, Garofalo, Dettloff, Bauer
ABSENT: None
Council -Agency Member Green suggested the referral to the City Council Communications
Committee the cost issue of televising all Council -Redevelopment Agency meetings
A motion was made by Bauer, second Green to direct that the issue of cost of televising all
Council meetings be referred to the City Council Communications Committee for return to
Council on March 5, 2001. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Garofalo out of the room)
(City Council) Approved Mayor Pam Julien Houchen's Request for Staff to Initiate a
Zoning Map Amendment for the Huntington Beach Hospital and Medical Center at Beach
Boulevard and Newman Avenue for the General Plan Consistency (450.20)
The City Council considered a communication from Mayor Pam Julien Houchen transmitting the
following Statement of Issue: On November 20, 2000 the City Council denied a Zoning Map
Amendment for several properties along the Beach Boulevard corridor including the Huntington
Beach Hospital and Medical Center at Beach Boulevard and Newman Avenue. The site is
currently zoned CO (Office Commercial) and General Planned P (Public). A portion of the
property is used for new automobile storage. In light of new information presented, we would like
to request that the City Council re-evaluate the proposal to change the zoning for the Huntington
Beach Hospital and Medical Center.
Councilmember Bauer inquired if the city has a General Plan out of conformance, to which
Planning Director Zelefsky answered in the affirmative, as the City Council denied the application
made by staff to rezone this subarea from CO (Office Commercial) to PS (Public -Semi -Public) at
the Public Hearing of November 20, 2000.
A motion was made by Julien Houchen, second Green to direct staff to initiate a Zoning Map
Amendment for the Huntington Beach Hospital and Medical Center from CO (Office Commercial)
to PS (Public -Semipublic) to be consistent with the existing General Plan designation. The
motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(22) February 5, 2001 Council/Agency Minutes - Page 22
(City Council) Statement Made by Councilmember Garofalo Re: Swimming Pool Safety
Code (120.90)
Councilmember Garofalo, referring to the recent drowning of a child, spoke regarding the need
for swimming pool safety to be studied.
Adjournment — City Council/Redevelopment Agency
Mayor Julien Houchen adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach at 10:25 p.m. to Tuesday,
February 20, 2001 in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
(Monday, February 19, 2001 is President's Day, a National Legal Holiday.)
City Clerk and ex-officio ClerW'of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
d*w,� aw��Ot_ %Anl aAAA� 4atAft,
City Cleric -Clerk Mayor -Chairman