HomeMy WebLinkAbout2001-02-20 (7)Minutes
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
Tuesday, February 20, 2001
A videotape of the 7:00 p.m. portion of this meeting
is on fife 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 5:00 p.m. in Room B-8,
City Council — Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent: None
Late Communications
The City Clerk announced two Late Communications pertaining to the study session item that
had been received at the City Clerk's Office after distribution of the agenda packet:
Slide show presentation submitted by the Department of Public Works to the City Clerk's Office
on February 20, 2001. Slide show presentation titled Water Funds -- Water Operating and
Water Master Plan.
Pamphlet of information on the Groundwater Replenishment System, a joint effort of the Orange
County Water District and the Orange County Sanitation Department.
Public Comments
Chuck Scheid spoke in opposition to spending funds on the Springdale and Southeast
Reservoirs as unnecessary and requested further study of the matter. A communication
containing these concerns and other public comments was submitted to the City Clerk.
(City Council) Welcome Extended To Colin Cowan, General Manager, City Council of
Canock, From New South Wales, Australia (160.40)
City Administrator Ray Silver welcomed Mr. Colin Cowan, General Manager, City Council of
Canock, from New South Wales, Australia, present in the audience at this evening's council
meeting.
(2) February 20, 2001 - Council/Agency Minutes - Page 2
(City Council Study Session) Department of Public Works Water Master and Financing
Plan Updates - Orange County Sanitation DistrictlOrange County Water District
Groundwater Reclamation Project (Replenishment System) — Received Reports Made by
Tetra Tech ASL - Accepted Reports on the Springdale and Southeast Reservoir Projects
(1000.50)
City Administrator Ray Silver informed Council that three separate reports are to be delivered:
The first presentation was given by Public Works DirectoG Robert F. Beardsley of an overview of
the PowerPoint slide report titled Water Funds — Water Operating and Water Master Plan
announced earlier as a Late Communication by the City Clerk.
For the second presentation, Director Beardsley introduced Principal Engineer Tom Ruila who
provided in-depth information detailed in two handouts titled: 1) Water Master Plan — City of
Huntington Beach which updates the Water Master Plan; and 2) Report on Water System
Financial Plan — City of Huntington Beach which had been distributed to Council and staff. Said
documents were prepared by Steve Tedesco, Principal Engineer, Tetra Tech ASL, and
submitted to the City Clerk's Office for public review. Staff announced that Mr. Tedesco was
present and available for questions.
A question and answer period followed at the conclusion of the second presentation.
During this time Councilmember Boardman requested clarification of the need for the
Springdale Reservoir. She voiced the concern based on the assumption that the Southeast
Reservoir will have adequate water storage capacity.
Principal Engineer Rulla responded that the Southeast Reservoir does not have full capability;
that regardless, an expensive booster pump station is needed.
Councilmember Boardman stated that her focus is to look for cost-effective alternatives due to
the proposed water fee surcharge.
Public Works Director Beardsley responded that he does not recommend ratcheting back due to
an anticipated water supply shortfall, after which a discussion on water demand projections from
1988 to the present took place.
City Administrator Silver commended the value of seeking cost -saving options, and suggested
that the water usage issues be communicated to the Public Works Commission which will meet
on February 21, 2001.
Mayor Pro Tern Cook informed Council of the error on page six of the Financial Plan; that
contrary to what is stated in the text, the "pay-as-you-go financing of the Master Plan through
the capital surcharge„ does not constitute a violation of the provisions of Proposition 218. Staff
concurred that the text will be corrected.
Councilmember Green inquired regarding the water leak survey on page four of the Water
Master Plan, ascertaining that the current percentage rate is 5%.
Councilmember Bauer referred to the public comments made in opposition to the proposed
Water Master Plan that requires 24 hours of emergency water surplus and to the 11 million -
gallon reservoir in the southeast area along the Newport -Inglewood fault. Councilmember
(3) February 20, 2001 - Council/Agency Minutes - Page 3
Bauer informed Council that he supports the proposed plan recognizing it as insurance. He
related two incidents involving an earthquake and a fire in nearby cities, which he stated had
occurred as a result of depleted water resources.
Councilmember Garofalo concurred with Councilmember Boardman's reference as to cost;
recommending that the city should "build -as -you -can -afford." He stated that it would be less
expensive to build in the Southeast area due to the city owning property there.
Principal Engineer Rulla negated the remark due to the need to build transmission lines in the
area, but did agree that there is some value to having the land.
Councilmember Dettloff informed Council that through extensive travel she has witnessed the
water shortage problem throughout the state. She requested staff to delineate the reasons for
storage facilities being a requirement and not just desirable. Councilmember Dettloff stated that
all such future infrastructure needs ought to be spelled out for the city's decision -makers.
Following this discussion, Tom Dawes, Orange County Sanitation District Representative,
furnished the third presentation, a PowerPoint slide report titled Groundwater Replenishment
System. He informed Council that the Groundwater Replenishment System is a joint project
between the OCSD and the Orange County Water District.
Mr. Dawes described the secondary water treatment system of reclamation as involving three
processes: 1) micro -filtration; 2) reverse osmosis; and 3) ultraviolet disinfection.
Local objectives of the project were outlined by Mr. Dawes as: 1) improved ground water quality;
2) new independent water supply provided; and 3) assists OCSD in building ocean outfall.
Mr. Dawes stated that his agency has caught on to energy -saving factors, and that the new
reclamation system runs on half the electrical power needed for water diversion.
Well production in Huntington Beach was commended as providing excellent water quality,
unlike the City of Anaheim, where Mr. Dawes stated bad trends are starting to take place.
Mr. Dawes presented bar graphs, charts and maps to illustrate his point.
Mr. Dawes informed Council that the project is in Phase I status. He spoke in terms of grants
and loans needed in order to carry out the replenishment program to completion. Mr. Dawes
informed Council that borrowing from the state water fund is less costly than applying for a loan
from the Metropolitan Water District.
Speaking in terms of project benefits, Mr. Dawes included the following:
1. Avoids outfall construction;
2. Water is guaranteed and uninterrupted (drought -free);
3. Improved water quality is a savings to consumers;
4. An effect in Huntington Beach is that the seawater barrier will be expanded to protect
coastal groundwater supplies; Minimal construction impact; and
5. Little effect on water or sanitation rates.
Towards the conclusion of his presentation, Mr. Dawes informed Council of OCSD's public
information and outreach programs and provided the agency's website address.
(4) February 20, 2001 - Council/Agency Minutes - Page 4
Mr. Dawes announced a meeting to discuss moving forward with the joint project, to be held on
March 28, 2001 between the Board of Directors of the Orange County Sanitation District and the
Orange County Water District.
A discussion followed Mr. Dawe's presentation relative to mass emissions initiated by
Councilmember Garofalo's inquiry regarding the effects of blending primary and secondary
water and Councilmember Boardman's question on the concentration of bacteria resulting from
micro -filter backwash and reverse osmosis.
Council thanked the speakers for their presentations.
Motion to Recess to Closed Session — Approved
A motion was made by Garofalo, 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
Councilmember Green informed Council of his planned departure after the Study
Session portion, and return to the meeting later in the evening.
(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 54956.9(c) to confer
with its city 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. Number of Potential Cases: Two. Subject: Establishments Providing Massages.
(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(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 In the Matter of AES Huntington Beach Generating
Station Retool Project Application for Certification; Before the California Energy
Commission, Docket No. 00-AFC-13. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiators, Ron Hagan, Director of Community Services; and Matt
Lamb, Real Estate Manager; regarding negotiations with Zinn Group concerning the purchase/
sa lelexchange/l ease of the property located at 18800 Delaware Street (Pacifica Tower),
Huntington Beach, California. Instructions will concern Price and Terms of Payment. (120.80)
(5) February 20, 2001 - Council/Agency Minutes - Page 5
(Redevelopment Agency) 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 agency is a party. The title of the litigation is Mulligan v.
Redevelopment Agency; Orange County Superior Court Case No. 740099. (400.50)
(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 Howard Jarvis Taxpayers Assn., at al., v. City of
Huntington Beach, at al.; Orange County Superior Court Case No. 81 87 80. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:20 P.M.
City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant
to Government Code §54957.1(a) (3) (B)) — Pending Litigation Re: Howard Jarvis
Taxpayers Association, at al. v. City of Huntington Beach, at al., OCSCC No. 81 87 80
(120.80)
City Attorney Gail Hutton reported out that on February 20, 2001, the City Council convened in
closed session to discuss the matter of Howard Jarvis Association, at al. v. City of
Huntington Beach, at al., Orange County Superior Court Case No. 8187 80. The City Council
voted to approve and authorize the Mayor to sign a stipulation providing that the County of
Orange may recover from the City any judgment rendered against the County including attorney
fees, and further that the City may satisfy such judgment by an offset against amounts held in
the County Treasury due and payable to the City, including but not limited to property tax
apportionment. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green
Redevelopment Agency General Counsel's Report of Action Taken by Redevelopment
Agency in Closed Session (Pursuant to Government Code §54957.1(a) (3) (B)) — Pending
Litigation In Re: Mulligan v. Redevelopment Agency, OCSCC No. 74 00 99 (400.50)
General Counsel Gail Hutton reported out that on February 20, 2001, the Redevelopment
Agency convened in closed session to discuss the matter of Mulligan v. Redevelopment
Agency, Orange County Superior Court Case No, 740099. The Redevelopment Agency voted
to authorize to appeal the verdict rendered on February 16, 2001. The motion carried by the
following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green
City Council — Redevelopment Agency Roll Call
Present: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer (Green arrived 9:50 p.m.)
Absent: None
(6) February 20, 2001 - CouncillAgency Minutes - Page 6
City Administrator Ray Silver introduced Mr. Colin Cowan, General Manager, City Council of
Canock, New South Wales, Australia in attendance at this evening's Council meeting.
Flag Ceremony and Pledge of Allegiance - Boy Scouts Troop 1, Tom Buska, Scoutmaster,
Geoff Legg, Patrol Leader, Rhino Patrol
Invocation — Led by Assistant City Administrator William Workman
City Clerk Announced Late Communications Which Pertain to Items on the Agenda
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:
Slide show presentation submitted by the Department of Public Works to the City Clerk's Office
on February 20, 2001 for the Study Session. Slide show presentation titled Water Funds —
Water Operating and Water Master Plan.
Pamphlet of information for the Study Session on the Groundwater Replenishment System, a
joint effort of the Orange County Water District and the Orange County Sanitation Department.
Communication dated February 10, 2001 from the Huntington Beach Wetlands Conservancy
transmitting various informational documents re: the Conservancy. Communication titled
Huntington Beach Wetlands Conservancy.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
February 20, 2001 for the public hearing on the Surfer's Hall of Fame. Slide show presentation
titled Appeal — Pierside Pavilion Surfer's Hall of Fame — Entitlement Plan Amendment
No. 00-12, Coastal Development Permit No. 00-22.
Slide show presentation dated February 20, 2001 submitted by the Planning Department for the
public hearing on the AES Huntington Beach power plant. Communication titled City Council
Public Hearing — Appeal of Planning Commission's Approval of ND 00-09/CUP 00-491
CDP 00-15— February 20, 2001.
Letter sent to Planning Director dated February 20, 2001 from AES Huntington Beach President
Ed Blackford requesting extension of the public hearing to the next Council meeting date.
The City Clerk affirmed Council's inquiry that said public hearing will need to be opened and
continued to March 5, 2001 at the time that item is heard at this evening's meeting.
Slide show presentation submitted by the Community Services Department on the
Administrative Item relating to the 5'h Street Change Machine. Slide show presentation titled
Should the City Purchase and Install a New Downtown Change Machine for 5t' Street?
Slide show presentation submitted by the Department of Public Works to the City Clerk's Office
on February 20, 2001 on the Administrative Item relating to the Springdale Reservoir. Slide
show presentation titled Springdale Reservoir-- Design & Build 9 Million Water Storage Project.
Slide show presentation submitted by the Department of Public Works to the City Clerk's Office
on February 20, 2001 on the Administrative Item relating to the Sanitary Sewer Charge. Slide
(7) February 20, 2001 - Council/Agency Minutes - Page 7
show presentation titled City of Huntington Beach Public Works Department — Consideration of
Monthly Sewer Charge.
Letter from Mary F. Urashima faxed to Mayor and City Councilmembers on February 20, 2001
in support of the recommendation on the Administrative Item relating to the Sanitary Sewer
Charge.
Communication dated February 19, 2001 from former Councilmember Dr. Dave Sullivan
transmitting support for a new Measure C vote that addresses his noted concerns regarding the
Administrative Item on the Huntington Central Park Sports Complex.
Communication from the City Attorney dated February 20, 2001 supplementing the City
Attorney Opinion -- RLS (Request for Legal Services) in the Council agenda packet regarding
the Administrative Item on the Huntington Central Park Sports Complex. Communication titled
Opinion re Proposed Sports Complex, RLS 2000-1207.
Slide show presentation submitted by the Community Services Department on the
Administrative Item requesting Council direction relative to the Administrative Item on the
Measure C Vote for Huntington Central Park Sports Complex.
Slide show presentation submitted by the Community Services Department on the
Administrative Item relating to the Conceptual Revenue Bond Financing for three Community
Services Projects: 1) the Huntington Central Park Sports Complex; 2) the South Beach Phase II
Improvements; and 3) the Pacifica Tower Senior Center.
Slide show presentation submitted by the Community Services Department on the
Administrative Item relating to the Pacifica Tower Senior Citizen Multi Service Center.
Slide show presentation submitted by the Community Services Department on the
Administrative Item relating to the study for a city Park -in -Lieu Fee Ordinance titled Nexus Study
and Strategic Plan for City's Park -in -Lieu Fee.
(City Council) - Withdrawn - Request for Approval of Release of File In the Matter of
People v. Elizabeth Fertig - Case No. HB99WM13251 - Dog Nuisance (120.80)
Mayor ProTem Cook requested that her above captioned item be withdrawn from the agenda.
Presentation - By Mayor Pam Julien Houchen to Gwyn Parry, M.D., Director of Community
Medicine and Mike Stephens, President and Chief Executive Officer of Hoag Memorial Hospital
Presbyterian, a Proclamation for their ongoing support and sponsorship of the Huntington
Beach Council on Aging and for their sponsorship of the Goldenwave program seen on HBTV-3
Presentation - By Mayor Pam Julien Houchen to Linda Moon, President of Amigos de Bolsa
Chica, a proclamation recognizing 25 years of dedication to saving and restoring the Bolsa
Chica Wetlands.
Presentation - By Bob Biddle, District Chief of Staff for Assemblyman Tom Harman,
V7 ' Assembly District, a proclamation to Linda Moon, President of Amigos De Bolsa Chica,
recognizing 25 years of dedication to saving and restoring the Bolsa Chica Wetlands.
(8) February 20, 2001 - Council/Agency Minutes - Page 8
Presentation - By Mayor Pam Julien Houchen to Planning Department Director Howard
Zelefsky, a plaque from the Federal Emergency Management Agency (1=EMA) for successfully
participating in the National Flood Insurance Program Community Rating System.
Public Comments
Chuck Beauregard, representative of SOS (Save Our Kids) stated that he does not believe a
Measure C vote is necessary as the vote has already been made to approve the Huntington
Central Park (HCP) Sports Complex, and that the city can operate the concessions. He spoke
in support of the agenda item on financing the HCP Sports Complex for youths, and named
many of the benefits youth can derive from the project.
David M. Smart, South Coast Soccer Club stated his concurrence with the comments of the
first speaker. Mr. Smart related his experience as a coach and informed Council that the HCP
Sports Complex is a major opportunity for the city to obtain fields and facilities needed for
positive family development.
Karen S. Croft, representative, AYSO (American Youth Soccer Organization) stated that she is
a soccer coach of middle school children. Speaking as a grant writer, Ms. Croft requested
Council to move forward with financing of the Huntington Central Park Sports Complex.
Rick Graves, Golden West Swim Club spoke in favor of the agenda item relative to financing
the HCP Sports Complex. Mr. Graves stated that he is supportive of young people's choices in
all arenas, in addition to swimming, that provide a positive learning environment.
Geno Mulcahy, AYSO (American Youth Soccer Organization) urged Council to step up to the
plate" and support financing of the HCP Sports Complex. Mr. Mulcahy promoted the soccer,
baseball, swim team, and softball organizations in Huntington Beach as leading the nation in
sports and having much to offer to the youth of the community.
Terri Lindenberger, South Huntington Beach Girls Scouts spoke in favor of the agenda item on
the Huntington Central Park Sports Complex. She stated that playing softball is a way for
parents to become actively interested in their children's lives. Ms. Lindenberger spoke of adult
players who are in clubs such as "soccer over 44" as well-rounded and involved team members.
Michael Green, Board member of Save Our Kids spoke regarding the lobbying efforts in 1996
for a Measure C. vote to approve the HCP Sports Complex. Mr. Green voiced the opinion that
the city has reached its limit in housing build -out, and that the time is now to finance the sports
facility the city so desperately needs.
Chris Rodgers spoke regarding being active in youth sports, such as baseball and the scouts.
Mr. Rodgers reiterated the last speaker's comments that it is now time to move forward on the
Huntington Central Park Sports Complex.
Dwana Hughes stated that she is a mother of children involved in sports, and is dressed in full
soccer gear as a representative of the North Huntington Beach Football Club. She informed
Council that this year is the club's 23rd annual tournament that will take place the weekend
before, and during the Labor Day weekend. Ms. Hughes stated that due to the lack of facilities
in Huntington Beach to host these events, the majority of her clubs functions take place outside
of the city where participants traveling from all over stay in hotels and spend their dollars.
(9) February 20, 2001 - Council/Agency Minutes - Page 9
Ms. Hughes thanked Council and staff for all they have done in the past towards promoting
youth sports, and urge them to approve funding for the HCP Sports Complex.
Jay Kreitz spoke on behalf of the Community Services Commission in support of the
Huntington Central Park Sports Complex. Mr. Kreitz called attention to all the previous
speakers as stating the importance of youth sports and stressing the shortage of playing fields.
Bill Gallegos thanked the Council and staff for all the improvements in the downtown area on
5t" Street. Mr. Gallegos spoke in support of the Administrative Item to approve the 5th Street
change machine.
Phil Gallegos asked for approval of the agenda item recommending funding for the 5t" Street
change machine. Mrs. Gallegos related the difficulties she and other business operators
currently face in making change for parking for their patrons and other visitors to the downtown
area.
Bob Winchell, a member of the Huntington Beach Tomorrow Board of Directors, spoke in
support of the Bolsa Chica Council Committee's recommendation of the Huntington Beach
Wetlands Conservancy as Interim Manager of the .7 acre parcel of the Little Shell arm of the
wetlands system at Beach Boulevard and Pacific Coast Highway. He reasoned that the
Conservancy has a demonstrated record of preserving viable wetlands. Mr. Winchell
commended Mr. Gary Gorman's leadership as Manager of the Conservancy in projects such as
the area adjacent to the University of Irvine, which Mr. Winchell stated is functioning as viable
wetlands. He indicated the Bolsa Chica Stewards' support of Mr. Gorman and the
Conservancy. Mr. Winchell acknowledged Dr. Victor Leipzig's contributions as Director of Coast
Watchers as well, however he expressed his belief that the Coast Watchers is a younger, less
experienced organization.
Jan Vandersloot informed Council that his purpose in speaking is to address three agenda
items. Regarding the first, Dr. Vandersloot reiterated the previous speaker, Mr. Winchell's
comments in favor of the Bolsa Chica Council Committee's agenda item regarding the
Huntington Beach Wetlands Conservancy. He cited linkage, leadership, connections and
experience as traits which recommend the Conservancy as Interim Manager of the Little Shell,
and asked for Council's unanimous approval. Secondly, Dr. Vandersloot questioned the city's
indemnification of the Mayer Financial LP with the Orange County Sanitation District for errors
and omissions liability insurance. He stated his third concern involves the proposed site of the
HCP Sports Complex. Dr. Vandersloot requested that areas such as closed school sites, for
example the Crest View site, be made available for youth sports, asking that Council consider
the advantages of leaving parks as open space.
Todd Emmons spoke in support of Councilmember Boardman's item regarding the Ocean
View School District's proposed construction of rental gymnasiums at several of its middle
schools. Mr. Emmons expressed opposition to having such commercial facilities in the Spring
View Middle School site, stating that he came to Huntington Beach for its big city atmosphere
with a small community flavor.
Sherrill Dick spoke in opposition to the Ocean View School District's Superintendent,
Dr. Tarwater's decision to build what she described as a "collegiate -sized" gymnasium/
auditorium at the site of the Spring View Middle School. She stated that a survey conducted
has shown that 92% of the neighborhood does not want the rental facilities due to the
exacerbation of traffic, crime, and vandalism problems. Ms. Dick inquired if the city
(10) February 20, 2001 - Council/Agency Minutes - Page 10
departments, Council, and code enforcement have been notified. She informed Council that
several of her neighbors have already placed their homes for sale.
Kamran Ramezani spoke in support of financing the Huntington Central Park Complex, and in
opposition to the Ocean View School District's plan to build gymnasium rental facilities on the
grounds of four middle schools. Mr. Ramezani distributed handouts to Council and the City
Clerk on security measures that need to be taken to safeguard the children, He cautioned
against the proposal, stating that it invites strangers to stay in the area until 10 P.M. in the
evening, seven days a week. Mr. Ramezani inquired who will monitor these activities, and
requested the Police Department to report its opinion of the rentals.
George Mason, representative of the Southeast Huntington Beach Neighborhood Association
(SEHBNA) and the Infrastructure Planning Committee (IPC) spoke in favor of the agenda item
on the proposed sanitary sewer fees. He informed Council that the sewer lines are so old and
in such poor condition that they require extensive repairs, commending the Herculean efforts of
the city sewer workers. Mr. Mason spoke regarding the shortfall, and expressed his choice as
Option No. 2 of the recommendation. He stated he would prefer the "pay-as-you-go" fee basis,
rather than revenue bonds. Mr. Mason further recommended the expenditure of General Funds
be redirected to rebuild and repair the storm drain system.
Richard Harlow, member of the Infrastructure Advisory Committee (lAC) and the Infrastructure
Planning Committee (IPC) stated that the previous speaker, Mr. Mason covered many of the
two committees' concerns. Mr. Harlow spoke in favor of the sanitary sewer fee and
recommended review by the Infrastructure Advisory Committee. He spoke regarding the
criticism being directed at the city for not maintaining the sewer system. Mr. Harlow also
announced upcoming programs to be presented by the Huntington Beach Performing Arts at the
Huntington Beach High School.
As the next speaker, Steve Gullage approached the podium, Councilmember Garofalo
attempted an exchange with Mr. Gullage relative to meeting on housing issues.
Councilmember Boardman informed of her opinion that Councilmember Garofalo pre -supposed
Mr. Gullage's comments and that nevertheless, it is inappropriate during the public comments
portion of the meeting to engage the speaker in free dialogue.
Steve Gullage commented on an article in the Orange County Weekly regarding voting on
issues by Councilmember Garofalo. Mr. Gullage referred to Councilmember Garofalo's alleged
conflict of interest due to participation in meetings involving the Redevelopment Agency, the
CIM Group, the Chamber of Commerce, and the Conference and Visitors' Bureau and their
connection with Dave Garofalo's publishing company.
Sandra Cole continued with references to the article in the Orange County Weekly from which
the previous speaker, Mr. Gullage quoted. Ms. Cole spoke relative to the California Political
Reform Act. She informed Council of the activities of CHARG (Committee for Honest and
Responsible Government) to recall Councilmember Garofalo prior to the end of his term of
office.
Don McGee spoke in opposition to the dog park and questioned why an ordinance against
noise is not enacted. Mr. McGee suggested an area on Goldenwest Street south of the Central
Library as ideal for a "bark park."
(11) February 20, 2001 - Council/Agency Minutes - Page 11
Dean Albright requested the asphalt overlay of two streets in his tract: Almelo and Breda
Lanes. He updated Council that he has met with both Deputy Public Works Director
Paul Emery and Maintenance Operations Manager Don Noble regarding the slurry sealing of
these two streets. Mr. Albright distributed a handout to Council which describes his concerns,
including the hydrostatic problem he stated had been found in his tract. He spoke in opposition
to the Ocean View School District construction of gymnasiums for rental purposes. Mr. Albright
stated that the ground in this area is too soft to withstand the increased traffic that the
gymnasium project will bring.
Joey Racano spoke in favor of aquifers as a precious commodity not to be taken for granted.
He expressed his opposition to high density housing due to salt water intrusion, which he stated
occurs as a result of building on the coastal zone. Mr. Racano commented that he is against
the approval of the Groundwater Replenishment Project fees proposed during this evening's
Study Session.
Lou Baker acknowledged the last speaker Mr. Racano's comments. Mr. Baker stated that he is
also opposed to the proposed sanitary sewer fee on the agenda. He informed Council of the
Las Vegas sewage treatment which converts raw sewage into methane gas, and that waste
water dumped into Lake Mead can be used for agricultural purposes, but is not useable for
drinking purposes. Mr. Baker stated that there are options open and available to consider.
David Mootchnik spoke in opposition to Council's support of the West Orange County
Transportation Authority (OCTA) Rail System, as he does not believe the route will ever be
expanded outside a 30-mile radius to west Orange County due to funding. He requested that
Council rescind its support of the Centerline Project.
Topper Horack referred to a letter received from the Coastal Commission citing that 70% of
persons polled are in favor of redevelopment for Southeast Huntington Beach. He stated that
he had never partaken in a survey and spoke in opposition to the Redevelopment Plan due to
financing issues. Mr. Horack spoke regarding problems that will occur with Ascon-Nesi toxic
waste site cleanup; that it will be massive, disruptive and cause pollution, and should be done
by a developer. He requested the Ascon-Nesi site be taken out of any survey done and be
treated separately.
Rocky LaCross, Burlington Coat Factory provided an update regarding the developer of "The
Crossings," stating that Ezralow Retail Properties, Inc. is working to acquire the Montgomery
Wards property. Mr. LaCross communicated that his company is anxious to participate.
Jim Erwin spoke regarding the city's energy crisis and recommended that the city develop solar
cells and wind turbines as clean energy alternatives to power new construction and city
buildings and schools.
Raymond M. Guy, Action Boats, promoted his company's sales revenue as the highest ticket
item sold in Huntington Beach. Mr. Guy requested community support of Action Boats on
Pacific Coast Highway and spoke regarding money he is spending on fencing and a new office
building.
(12) February 20, 2001 - Council/Agency Minutes - Page 12
(City Council) Presentation Made by Councilmember Bauer Re: SCAG (Southern
California Association of Governments) - Outreach Program (150.20)
Councilmember Ralph Bauer, Council liaison to SCAG, made a brief PowerPoint slide
presentation to help answer questions as to the purpose and function of SCAG. The slide
report is titled What is SCAG?
(City Council) Accepted the Bolsa Chica Committee's Recommendation of the
Huntington Beach Wetlands Conservancy as the Manager of the Degraded Wetlands
(Little Shell) at Beach Boulevard and Pacific Coast Highway (440.60)
Councilmember Dettloff, Chair of the Bolsa Chica Council Committee, announced that the
committee met on February 9, 2001 to discuss and recommend a conservation organization to
manage the degraded wetlands in the general vicinity of Beach Boulevard and Pacific Coast
Highway. The Council committee heard presentations from three organizations interested in
managing the wetlands:
Bolsa Chica Conservancy represented by Executive Director, Adrienne Morrison
Huntington Beach Wetlands Conservancy represented by Gary Gorman
Coast Watchers represented by Dr. Victor Leipzig
The Council committee also heard testimony from Kim Kilpin, Bolsa Chica Stewards,
volunteering to assist the selected organization. After having received public testimony, the
Bolsa Chica Council committee is recommending to the City Council that Huntington Beach
Wetlands Conservancy be chosen to manage the degraded wetlands.
Councilmember Dettloff reported that each group had good representation, but that the
Huntington Beach Wetlands Conservancy has actual managerial expertise in Huntington Beach
as well as with the San Joaquin wetlands for a short interval of time when the city of Irvine was
not in charge. Councilmember Dettloff commended Mr. Gary Gorman on his fine presentation.
In response to Councilmember Bauer's inquiry, Murray Kane, Redevelopment Agency Special
Legal Counsel, reported on land issues. Mr. Kane informed Council that the parcel in question
will require interim management for a period of twenty months or so during the subdivision
process.
A motion was made by Dettloff, second Cook to accept the Huntington Beach Wetlands
Conservancy as the manager of the degraded wetlands at Beach Boulevard and Pacific Coast
Highway. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green
(City Council) Received Councilmember Garofalo's Report on Proposed Future Agenda
Item to Purchase Pool Safety Equipment for Children (320.45)
Councilmember Garofalo presented an update on meetings held regarding pool safety for
children and equipment that can be purchased for under $150 as a measure for pool safety.
Councilmember Garofalo stated that he will bring this issue forward as a future agenda item.
(13) February 20, 2001 - Council/Agency Minutes - Page 13
(City Council) Received City Administrator's Report on the Agenda Item Re: the Phase I
and II Downtown Sewer Rehabilitation Project, CC-1098 with Sancon Engineering
(600.60)
City Administrator Ray Silver reported on the above -captioned item, stating that it is an
important project for which the city is asking approval for final completion of the downtown slip
lining upgrades.
(City Council) Public Hearing Continued Open From January 16, 2001 to Consider Appeal
Filed by Councilmember Ralph Bauer — Upheld Planning Commission's Approval of
Entitlement Plan Amendment No. 00-121Coastal Development Permit No. 00-22 — Pierside
Pavilion Surfer's Hall of Fame (Bob Thornton), 300 Pacific Coast Highway (We Corner of
Main Street and PCH) (420.80)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing to
consider the following:
Applicant: Bob Thornton, 250 Newport Center Drive, Suite M100, Newport Beach, CA
Appellant: Ralph Bauer, Huntington Beach City Councilmember
Request: Appeal of the Planning Commission's approval to permit the removal of the existing
water featurelfountain and construction of a Surfer's Hall of Fame on the open plaza area at the
northeast corner of Main Street and Pacific Coast Highway. The Surfer's Hall of Fame consists
of concrete castings of surf heroes' foot and hand impressions and a central monument within
the plaza, etc.
Location: 300 Pacific Coast Highway (Pierside Pavilion)
Environmental Status: Notice is hereby given that item Coastal Development Permit
No. 00-22 is categorically exempt from the provisions of the California Environmental Quality
Act.
Coastal Status: Notice is hereby given that this item is located in the non -appealable
jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 00-22, filed on
September 1, 2000, in conjunction with the above project. The Coastal Development Permit
hearing consists of a staff report, public hearing, City Council discussion and action. This item
is not appealable to the California Coastal Commission.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
The City Council also received a communication dated February 5, 2001 from Joyce Riddell,
President, Huntington Beach Chamber of Commerce, in support of proposed application filed by
Bob Thornton, which is included in the agenda packet.
Planning Director presented a PowerPoint slide presentation that had been announced earlier
by the City Clerk as a Late Communication pertaining to this public hearing item. The
communication is titled City Council Public Hearing -- Appeal of Planning Commission's
Approval of ND 00-09/CUP 00-491CDP 00-15 — February 20, 2001.
(14) February 20, 2001 - Council/Agency Minutes - Page 14
Planning Director Zelefsky stated that the proposed Surfer's Hall of Fame is to be located at a
highly visible corner and requested Council's review of the project for approval. Planning
Director Zelefsky introduced Associate Planner Wayne Carvalho who announced that there is a
correction to page D-1.9 of the staff report. Associate Planner Carvalho stated that there should
be an amendment to a condition as recommended by the Planning Department, to delete the
water feature in the monument design.
Mayor Julien Houchen declared the public hearing open.
Bob Thornton, applicant and architect for the Surfer's Hall of Fame presented a brief video
featuring local surfing personality, Corky Carroll who spoke in favor of the project. Mr. Carroll
stated that the "win/win situation" in Huntington Beach is a proven formula much like Mann's
Chinese Theater and the Hollywood Walk of Fame.
Aaron Pai, Huntington Surf & Sport, stated that he has owned the retail chain for 22 years and
that all locations are in Huntington Beach. He informed Council of his concept of the Surfer's
Hall of Fame for the interior of the shop, and that his goal for the project is to extend it to the
exterior. Mr. Pai alluded to the poster on the wall of child Hollywood actress Shirley Temple
casting her hand and foot imprints and of the significance this image holds for him.
Andy Verdone, speaking as a surfer, voiced his support of the project. He stated that the focal
point downtown is between Jack's Surfboards and Huntington Surf & Sport. Mr. Verdone
remarked that surfers all over the world will want to be on the Walk of Fame, and spoke of his
confidence in Mr. Aaron Pai who supports the surf teams.
Mike Kingsburg, MKM Sports Marketing stated his firm's support of the Surfer's Hall of Fame.
He informed Council of the surfing industry, the OP Pro, and promoted the public relations
efforts that will result in revenue for the city in consumer impressions and international media
coverage. Mr. Kingsburg commended Huntington Surf & Sport as instrumental in volunteering
to help with publicity endeavors of this type.
Sandra O'Clock, Arizona Partners, announced that as the owner of Pierside Pavilion, her
company supports the project. She stated that from a practical point of view she would like to
see the fountain removed. Ms. O'Clock referred to the safety issues involved with
skateboarders using the structure as a ramp and other members of the public using the fountain
as a trash receptacle. She welcomed the Surfer's Hall of Fame as a revitalization of the site.
Bruce S. Hopping, National Surf Association, spoke on behalf of Natalie Kotsch, whose
International Surf Museum, he stated is in recognition of the contributions of surfing as a
multibillion dollar business. He made the distinction between Ms. Kotsch's institution and the
Surfer's Hall of Fame. Mr. Hopping applauded the accomplishments of the Surf Association.
Natalie Kotsch, Founder, International Surf Museum, stated that as a representative of the
"Certified Surfer's Walk of Fame" she is expressing her support of Mr. Aaron Pai's Surfer's Hall
of Fame and commended the looks of the project. Ms. Kotsch referred to Councilmember
Bauer's proposed statue of Duke, stating that she is lobbying for a Duke's stamp in Washington.
There were no persons present to speak further on the matter and there were no further
protests filed, either written or oral. The hearing was closed by the Mayor.
(15) February 20, 2001 - Council/Agency Minutes - Page 15
Councilmember Garofalo stated that Mr. Aaron Pai epitomizes the image of a family and a
businessman and is supportive of Mr. Pai's expansion of his concession as broad -based.
Mayor Julien Houchen expressed her gratitude to Mr. Aaron Pai.
Councilmember Bauer stated that he would move to accept the action of the Planning
Commission, as amended with the correction announced earlier by Associate Planner Carvalho.
A motion was made by Bauer, second Garofalo to approve the Planning Commission and
Staff Recommendation to approve Entitlement Plan Amendment No. 00-12 and Coastal
Development Permit No. 00-22 with findings and conditions of approval, as amended to delete
the water feature in the design of monument (ATTACHMENT NO. 1*). The motion carried
by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green
*ATTACHMENT NO. 1
FINDINGS AND CONDITIONS OF APPROVAL
ENTITLEMENT PLAN AMENDMENT
NO.00-121
COASTAL DEVELOPMENT PERMIT NO. 00-22
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the CEQA Guidelines, because the project involves a
minor modification to the existing improvements to the open plaza area.
FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 00-12:
Entitlement Plan Amendment No. 00-12 for the establishment, maintenance and operation
of the Surfer's Hall of Fame at the Pierside Pavilion plaza at the corner of Main Street and
P.C.H., 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.
Based upon the conditions imposed, the improvements will not impact pedestrian
circulation, nor will the operation impact the surrounding businesses.
2. The entitlement plan amendment will be compatible with surrounding uses. The proposed
improvements are consistent with the zoning designation and does not represent a
significant change from the existing commercial uses and passive open plaza area.
3. Entitlement Plan Amendment No. 00-12 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 and any specific condition required for the proposed use in the
district in which it would be located. The proposed improvements comply with the
Downtown Specific Plan open space requirements.
(16) February 20, 2001 - Council/Agency Minutes - Page 16
4. The granting of the entitlement plan amendment will not adversely affect the General
Plan. It is consistent with the Land Use Element designation of Mixed Use on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
a. Require the inclusion of uses and elements that contribute amenities for visitors,
such as public activity areas and on -site recreational facilities. (LU 10.1.7)
b. Revitalize, renovate and expand the existing Huntington Beach commercial facilities
while attracting new commercial uses. (ED 2A)
c. Encourage the attraction of coastal and inland and visitor serving uses to offer a
wider spectrum of visitor opportunities. (ED 2.6.1)
The proposed Surfer's Hall of Fame will compliment the visitor serving commercial facility while
minimizing impacts to adjacent businesses and properties.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 00-22:
Coastal Development Permit No. 00-22 for the development project, as modified by
conditions of approval, conforms with the General Plan, including the Local Coastal
Program. The subject site is designated in the General Plan Land Use Element as Mixed
Use and has a zoning designation of Downtown Specific Plan -District #3 (Visitor Serving
Commercial) which permit visitor serving uses. The project will not impact public views or
access to coastal resources and will maintain access throughout the existing plaza. It is
consistent with the following goals, policies, and objectives in the General Plan:
a. Require the inclusion of uses and elements that contribute amenities for visitors, such as
public activity areas and on -site recreational facilities. (LU 10.1.7)
b. Revitalize, renovate and expand the existing Huntington Beach commercial facilities
while attracting new commercial uses. (ED 2.4)
c. Encourage the attraction of coastal and inland and visitor serving uses to offer a wider
spectrum of visitor opportunities. (ED 2.6.1)
2. The project is consistent with the requirements of the CZ Overlay District, the base zoning
district, as well as other applicable provisions of the Municipal Code. The project: complies
with all development standards including minimum open space area for the development.
3. At the time of occupancy the proposed development can be provided with infrastructure in a
manner that is consistent with the Local Coastal Program. All infrastructure currently exist to
the site.
4. The development conforms with the public access and public recreation policies of Chapter
3 of the California Coastal Act. The project will enhance visitor serving commercial
opportunities by providing a visual art element on the open plaza area. No impacts to public
views or access will occur.
(17) February 20, 2001 - Council/Agency Minutes - Page 17
CONDITIONS OF APPROVAL
ENTITLEMENT PLAN AMENDMENT NO. 00-121
COASTAL DEVELOPMENT PERMIT NO. 00-22:
The site plan, floor plans, and elevations received and dated September 1, 2000 shall be
the conceptually approved layout with the following modifications:
a. The proposed plaque shall be mounted on an approximate three ft. high base and
shall be enlarged proportionately. The monument shall be designed with uplighting.
b. All flags shall be eliminated.
c. Public seating shall be provided within the plaza area adjacent to the store entrance.
d. The existing palm plantings and irrigation shall remain. If either is damaged they
shall be repaired or replaced to the satisfaction of the Public Works Department,
Park, Tree, and Landscape Division.
2. During construction, the work area shall be fenced to prevent unauthorized entry and
provide clear pedestrian access along the sidewalk.
3. Prior to commencement of the use of the Surfer's Hall of Fame, the following shall be
completed:
a. All improvements to the property shall be completed in accordance with the
approved plans and conditions of approval specified herein, including landscaping.
b. Compliance with all conditions of approval specified herein shall be accomplished
and verified by the Planning Department.
c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or
unusable material, shall be disposed of at an off -site facility equipped to handle
them.
4. The Planning Director ensures that all conditions of approval herein are complied with.
The Planning Director shall be notified in writing if any changes to the site plan,
elevations and floor plans are proposed as a result of the plan check process. Building
permits shall not be issued until the Planning Director has reviewed and approved the
proposed changes for conformance with the intent of the Planning Commission's action
and the conditions herein. if the proposed changes are of a substantial nature, an
amendment to the original entitlement reviewed by the Planning Commission may be
required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Entitlement Plan Amendment No. 00-12/Coastal Development Permit No. 00-22 shall
not become effective until the ten working day appeal period has elapsed.
2. Entitlement Plan Amendment No. 00-121Coastal Development Permit No. 00-22 shall
become null and void unless exercised within one year of the date of final approval
which is November 28, 2001 or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Planning Department a minimum
30 days prior to the expiration date.
(18) February 20, 2001 - Council/Agency Minutes - Page 18
3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No.
00-12/Coastal Development Permit No. 00-22, pursuant to a public hearing for
revocation, if any violation of these conditions or the Huntington Beach Zoning and
Subdivision Ordinance or Municipal Code occurs.
4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid
prior to the issuance of Building Permits.
5. The development shall comply with all applicable provisions of the Municipal Code,
Building and Safety Department, and Fire Department as well as applicable local, State
and Federal Fire Codes, Ordinances, and standards, except as noted herein.
6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
7. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange and submitted to the Planning Department within two (2) days of
the Planning Commission's action.
8. All landscaping shall be maintained in a neat and clean manner, and in conformance
with the HBZSO. Prior to removing or replacing any landscaped areas, check with the
Departments of Planning and Public Works for Code requirements. Substantial changes
may require approval by the Planning Commission.
9. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the
HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional
signs, applicable permit(s) shall be obtained from the Planning Department. Violations
of this ordinance requirement may result in permit revocation, recovery of code
enforcement costs, and removal of installed signs.
10. An encroachment permit shall be required for all work within the right-of-way. (PW)
(City Council) Continued to March 5, 2001 - Public Hearing to Consider Appeal Filed by
Councilmember Ralph Bauer of Planning Commission Approval of Conditional Use
Permit No. 00-49/Coastal Development Permit No. 00-15/Negative Declaration No. 00-09 —
AES Power Generating Facility's Nitrogen Oxide Emissions' Reduction Equipment -- We
of Newland Street and Pacific Coast Highway (AES Huntington Beach LLC/
Mr. Han Tan — Formerly Southern California Edison) (420.40)
Mayor Julien Houchen announced that this was the time schedule to consider the following
public hearing:
Appellant: Ralph Bauer, Huntington Beach City Councilmember
Applicant: Mr. Han Tan, AES Huntington Beach, LLC, 21730 Newland Street, Huntington
Beach
Request: Appeal of the Planning Commission's approval to install nitrogen oxide emissions
reduction equipment in two boilers at the Huntington Beach Power Generating Station.
(19) February 20, 2001 - Council/Agency Minutes - Page 19
Location: 21730 Newland Street (northeast of Newland and Pacific Coast Highway)
Coastal Status: Notice is hereby given that this item is located in the appealable jurisdiction of
the Coastal Zone and includes Coastal Development Permit No. 00-15, filed on July 27, 2000, in
conjunction with the above request. The Coastal Development Permit hearing consists of a
staff report, public hearing, City Council discussion and action. Following City Council action, it
may be appealed to the Coastal Commission pursuant to Section 245.32 of the Huntington
Beach Zoning and Subdivision Ordinance, or unless Title 14, Section 13573 of the California
Administrative Code is applicable. The California Coastal Commission South Coast Area Office
address is 200 Oceangate, 10'h Floor, Long Beach, CA 90802-4302, phone number:
(310) 570-5071.
Environmental Status: Notice is hereby given that initial environmental assessments for the
above items were processed and completed in accordance with the California Environmental
Quality Act. It was determined that this item would not have any significant environmental
effects and that a negative declaration is warranted. Prior to acting on the appeal, the City
Council must review and act on the negative declaration. This environmental assessment is on
file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for
public inspection and comment by contacting the Planning Department, or by telephoning
(714) 536-5271.
Legal Notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
City Administrator Silver referred to the letter received by the Planning Department dated
February 20, 2001 from the AES Huntington Beach, LLC President, Ed Blackford, which had
been announced earlier as a Late Communication by the City Clerk. The communication
requests an extension of the public hearing to the next Council meeting date.
A motion was made by Dettloff, second Garofalo to open the public hearing and to continue
open to March 5, 2001 per Late Communication received by the Planning Department from
AES Huntington Beach, LLC President Ed Blackford to consider 1. Approval of Negative
Declaration No. 00-09 with findings (ATTACHMENT NO. 1); and 2. Approval of Conditional Use
Permit No. 0049 and Coastal Development Permit No. 00-15 with findings and modified
conditions of approval (ATTACHMENT NO. 1). The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green
Consent Calendar -- Items Approved
On motion by Dettloff, second Garofalo, Council approved the following Consent Calendar
items, as recommended. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Green
(20) February 20, 2001 - Council/Agency Minutes - Page 20
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency Special Meetings of January 22, 2001 and City Council
Special Meeting of January 29, 2001 and City Council/Redevelopment Agency Regular
Meetings of February 5, 2001 as written and on file in the Office of the City Clerk. Submitted by
the City Clerk.
(City Council) Adopted Resolution No. 2001-4 — Permission From CalTrans to Close First
Block of Main Street for Events Scheduled During 2001 (960,20) — Adopted Resolution
No. 2001-4 —"A Resolution of the City Council of the City of Huntington Beach Authorizing the
Closing of Main Street to Vehicular Traffic for Certain Special Events." Submitted by the
Community Services Director. Funding Source: Not Applicable. (Closure from 6:00 a.m. to
10:00 p.m. on March 17 — Wavecrest Beach Cruiser Meet; August 19 — Surf Museum Event;
October 31 — Halloween Activities; November 25 — Light A Light of Love Event.)
(City Council) Accepted the Downtown Sewer Rehabilitation Project — CC-1098 — Phase I
and II — Sancon Engineering — Authorize Filing of Notice of Completion (600.60) —
Accepted the Downtown Sewer Rehabilitation Project, CC-1098, Phase I & II completed by
Sancon Engineering at a final cost of $1,856,755.60 and authorized the City Clerk to file a
Notice of Completion with the County Recorder's Office. Submitted by the Department of Public
Works. Funding Source: General Funds and Orange County Sanitation Grant Funds.
(City Council) Approved Bylaws of the Huntington Beach Children's Needs Task Force
Committee (570.70) — Adopted the Bylaws of the Huntington Beach Children's Needs Task
Force Committee (dated January 8, 2001). Submitted by the Community Services Director.
Funding Source: Not Applicable. (The Children's Needs Task Force Committee was
established by City Council Resolution No. 2000-78 adopted on August 7, 2000.)
(City Council) Authorized Appointments of Funds and Requested Bids for Repairs to
Overmyer Reservoir at Water Operation Yard, Huntington Street and Garfield Avenue —
(azo.4.0 Cleaning & Roof Repair (6e6:7-43) —1. Authorized the Director of Administrative Services to
appropriate $100,000 from the undesignated Water Fund Balance account for maintenance
repairs to Overmyer Reservoir; and 2. Authorized the Director of Public Works to request bids
for the repairs in a total amount not to exceed $100,000. Submitted by the Director of Public
Works. Funding Source. Undesignated Water Fund Balance, $100,000.
(City Council) Adopted Resolution No. 2001-5 — Approved Wage Increase for Non -
Permanent Employees — Amends City Salary Schedule (720.20) — Adopted Resolution
No. 2001-5 —"A Resolution of the City Council of the City of Huntington Beach Granting Wage
Increases to Non -Permanent, Unclassified Employees, Effective March 3, 2001." (Part-time and
seasonal non -permanent and non -classified employees.) Submitted by the Acting Director of
Administrative Services. Funding Source: FY 2001-2002 Budget.
(City Council) Approved Extension of Time to Receive Recommendations from the City
Council Ad Hoc Committee Formed to Develop Standard Lease Provisions Between the
City and Non -Profit Organizations (120.25) — Approved an extension of the
February 20, 2001 due date to the Council meeting of May 5, 2001, for the City Council Ad Hoc
Committee to return to the City Council with recommendations regarding standard lease
provisions between the city and Huntington Beach nonprofit organizations. Submitted by the
Library Services Director. Funding Source: Not Applicable. (Mayor Pro Tern Cook,
Councilmember Green and Councilmember Boardman are the Council ad hoc committee
members. The ad hoc committee was originally formed to study the Huntington Beach
Playhouse Lease provisions.)
(21) February 20, 2001 - Council/Agency Minutes - Page 21
(City Council) Approved Agreement with Employment Systems, Inc. (ESI) to Lease
Temporary Personnel to Provide Various Computer Services for the Information Systems
Division (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. to perform various computer services. Submitted by the Fire Chief/Information
Systems Director. Funding Source: Information Systems Budget - $586,000.
(City Council) Approved Agreement with Jeffer, Mangels, Butler & Marmaro, LLP to Serve
as Special Counsel to City in Connection with Energy Related Matters — Approved
Modifications to Insurance Requirements (600.10) —1. Approved Agreement between City
of Huntington Beach and Jeffer, Mangels, Butler and Marmaro, LLP for Legal Services.
(February 20, 2001); 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 $250,000.
Submitted by the City Attorney. Funding Source: General Fund.
(City Council) Deferred From February 5, 2001 - Approved and Authorized Execution of
Three Agreements: (1) A License Agreement with the Waterfront Hotel, LLC, and Mayer
Financial, L.P., (2) A Cooperative Agreement No. 12-375 with CalTrans, and (3) An
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 — Approved
Modifications to Insurance Requirements (600.10)
The City Council considered a communication from the Public Works Director submitting that
the installation of certain public improvements in conjunction with development of the Grand
Resort Hotel by Mayer Financial, L.P. requires approval of -cooperative agreements with
CalTrans and the Orange County Sanitation District (OCSD) involving the construction of a
pedestrian overcrossing of Pacific Coast Highway, and a License Agreement between the City
and Mayer Financial, L.P. and Waterfront Hotel, LLC, to provide for installation, maintenance
and repair of landscaping and other improvements, including the pedestrian overcrossing in the
public right of way. These agreements have been prepared and are ready for approval by the
City Council. (A PowerPoint presentation titled Grand Coast Resort Hotel Project is included in
the agenda packet.)
A communication received from ❑r. Jan D. Vandersloot dated February 5, 2001 Re: Issue:
Redevelopment of Property between the Waterfront Hotel and Beach Blvd. Is also included in
the agenda packet.
Councilmember Garofalo recused himself due to a possible conflict of interest.
Mr. Gary Dysart, the city's Design Consultant from PSOMAS presented the PowerPoint slide
presentation titled Grand Coast Resort Hotel Project.
Councilmember Green arrived at 9:50 p.m.
Deputy City Attorney John Fuji responded to Councilmember Dettloff s inquiry as to the city's
obligation to back up Mayer Financial in the event of a default on its lease, stating that the hotel
cannot operate without a lease.
(22) February 20, 2001 - Council/Agency Minutes - Page 22
Redevelopment Agency Special Counsel Murray Kane referred to the provisions set forth in the
Redevelopment Agency approved at the last Council meeting of February 20, 2001 relative to
the Amended and Restated Disposition and Development Agreement, which he stated allows
the agency to terminate its lease.
Councilmember Dettloff informed Council that the charges made by Dr. Vandersloot in the letter
included in the agenda packet, required correction. Discussion followed relative to how the city
is protected under all provisions.
Councilmember Boardman inquired as to why the overpass construction does not require a
Measure C vote, to which she received the reply from Special Counsel Kane that the right of the
developer to build preceded the Measure C existing agreement.
Mayor Pro Tern Cook stated that the overpass is as ugly as the fountain downtown (at Pacific
Coast Highway and Main Street which was featured in the first public hearing) and will detract
from both the hotel and the beach. Mayor Pro Tern Cook stated that she will be opposing the
motion to approve.
Councilmember Bauer stated that he would like to add an amendment to motion two of the
recommended action, in order to indemnify the city with CalTrans. Council concurred.
The following lists the eight motions made on the recommended action.
(City Council) Motion 1 of 8 - Approved a License Agreement to Provide Landscaping and
Other Public Improvements in Public Right of Way (Including a Pedestrian Overcrossing
of Pacific Coast Highway) in Connection with the Proposed Grand Coast Resort Hotel
Project and the Waterfront Hilton Hotel (600.10)
A motion was made by Bauer, second Green to approve a License Agreement to Provide
Landscaping and Other Public Improvements in Public Right of Way (Attachment No. 1),
including a pedestrian overcrossing of Pacific Coast Highway in connection with the proposed
Grand Coast Resort Hotel project and the Waterfront Hilton Hotel; and authorize the Mayor and
City Clerk to execute same - see motion #7 below. The motion carried by the following roll call
vote:
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
ABSTAIN: Garofalo
(City Council) Motion 2 of 8 - Approved as Amended with City Indemnification to Caltrans
the Cooperative Agreement No. 92-375 Between the City and Caltrans for a Contract
Administration and Construction of the Pedestrian Overcrossing of Pacific Coast
Highway (600.20)
A motion was made by Bauer, second Green to approve as amended - with City
Indemnification to CalTrans - a Cooperative Agreement No. 12-375 (Attachment No. 2)
between CalTrans and the City of Huntington Beach for Contract Administration and
Construction of the Pedestrian Overcrossing of Pacific Coast Highway; and authorize the Mayor
and City Clerk to execute same - see motion #7 below. The motion carried by the following roll
call vote:
(23) February 20, 2001 - Council/Agency Minutes - Page 23
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
ABSTAIN: Garofalo
(City Council) Motion 3 of 8 — Approved an Agreement Involving the Installation of a
Pedestrian Overcrossing between the Orange County Sanitation District (OCSD), Mayer
Financial, L.P., and City of Huntington Beach (600.25)
A motion was made by Bauer, second Green to approve an Agreement Involving the Installation
of a Pedestrian Overcrossing (Attachment No. 3) between the Orange County Sanitation District
(OCSD), Mayer Financial, L.P., and City of Huntington Beach and authorize the Mayor and City
Clerk to execute same - see motion #7 below. The motion carried by the following roll call vote:
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
ABSTAIN: Garofalo
(City Council) Motion 4 of 8 — Approved Deductible or Self -insured Retention for General
Liability Insurance for License Agreement to Provide Landscaping and Other Public
Improvements in Public Right of Way in Connection with Proposed Grand Coast Resort
Hotel Project and Waterfront Hilton Hotel (600.10)
A motion was made by Bauer, second Green to approve a deductible or self -insured retention of
$100,000 for the general liability insurance for the license agreement, which amount shall
increase with increases in the policy limits as recommended by the Settlement Committee. The
motion carried by the following roll call vote:
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
ABSTAIN: Garofalo
(City Council) Motion 5 of 8 — Approved City's Obligation to Indemnify the Mayer
Financial Corporation with the Orange County Sanitation District (OCSD) in Connection
with the Proposed Grand Coast Resort Project and the Waterfront Hilton Hotel (600.25)
A motion was made by Bauer, second Green to approve the City's obligation to indemnify the
Orange County Sanitation District (OCSD) in the event Mayer Financial L.P. fails to do so, for all
claims or liabilities arising out of (1) the failure of Mayer Financial L.P. to timely perform its
obligations set forth in the OCSD Agreement or (2) any damage or interference to the OCSD's
sewer transmission pipeline that is caused by the acts or omissions of Mayer Financial L.P. The
motion carried by the following roll call vote:
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
ABSTAIN: Garofalo
(24) February 20, 2001 - Council/Agency Minutes - Page 24
(City Council) Motion 6 of 8 - Approved the City's Obligation to Idemnify Mayer Financial
L.P with the Orange County Sanitation District (OCSD) to Reimburse Any Costs Incurred
by OCSD in the Removal of Any Portion(s) of the Pedestrian Overcrossing Landing
(600.25)
A motion was made by Bauer, second Green to approve the City's obligation to reimburse
OCSD, in the event Mayer Financial L.P. fails to do so, for (1) any costs incurred by OCSD in
the removal of any portion(s) of the Pedestrian Overcrossing Landing, (2) any additional costs
incurred by OCSD to repair, reconstruct and/or replace the OCSD pipeline when such additional
costs are attributable to the existence of the Pedestrian Overcrossing Landing and (3) any costs
to reconstruct the Pedestrian Overcrossing Landing following the removal of any portion(s) by
OCSD. The motion carried by the following roll call vote:
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
ABSTAIN: Garofalo
(City Council) Motion 7 of 8 — Authorized Mayor and City Clerk to Execute Three
Agreements in Substantially the Same Form and with Effective Dates Provided: (1) A
License Agreement with the Waterfront Hotel, LLC, and Mayer Financial, L.P., (2) A
Cooperative Agreement No. 92-375 with CalTrans, and (3) An 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) (600.20) (600.25)
A motion was made by Bauer, second Green to authorize the Mayor and City Clerk to execute
the above -referenced agreements (Attachment Nos. 1, 2, and 3) in substantially the same form
and upon approval of the City Attorney, on behalf of the City with the effective date of the
License Agreement titled License Agreement to Provide Landscaping and Other Public
Improvements in Public Right of Way (Attachment No. 1) and the OCSD Agreement titled
Agreement Involving the Installation of a Pedestrian Overcrossing (Attachment No. 3) being the
date of approval of the ground lease for the Grand Coast Resort Hotel parcel. The motion
carried by the following roll call vote:
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
ABSTAIN: Garofalo
(City Clerk) Motion 8 of 8 — Authorized City Clerk to Record ('I) License Agreement to
Provide Landscaping and Other Public improvements in Public Right of Way and
(2) Agreement Involving the installation of a Pedestrian Overcrossing with the County
Recorder (600.10)
A motion was made by Bauer, second Green to authorize the City Clerk to record the license
agreement titled License Agreement to Provide Landscaping and Other Public improvements in
Public Right of Way (Attachment No. 1) and the OCSD Agreement titled Agreement involving
the Installation of a Pedestrian Overcrossing (Attachment No. 3) with the County Recorder after
execution of the Ground Lease for the Grand Coast Resort parcel by Mayer Financial, L.P. The
motion carried by the following roll call vote:
(25) February 20, 2001 - Council/Agency Minutes - Page 25
AYES: Green, Julien Houchen, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
ABSTAIN: Garofalo
Councilmember Green requested staff to address Dr. Vandersloot's letter relative to the
foregoing administrative item on the agreements with Mayer Financial. Housing/
Redevelopment Manager Gus Duran from the Economic Development Department will prepare
a response.
(City Council) Continued From January 16, 2001 — Approved Purchase of Change
Machine for 51h Street and Appropriated Funds for Installation on 5th Street in Downtown
Huntington Beach (320.45)
The City Council considered a communication from the Community Services Director
recommending Council approval of the purchase of a change machine to be located downtown
on 50' Street and installed on city property adjacent to The Shed Restaurant on 5"' Street.
Community Services Director Ron Hagan presented a PowerPoint slide report that had been
announced earlier as a Late Communication by the City Clerk. The presentation is titled Should
the City Purchase and Install a New Downtown Change Machine for e Street?
A motion was made by Bauer, second Dettloff to 1. Approve the purchase and installation of a
new change machine for 5th Street; and 2. Authorize the Director of Administrative Services to
appropriate $11,000 from the General Fund Unappropriated Undesignated Fund Balance into
the Beach Maintenance Contractual Services Account. The motion carried by the following roll
call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Green out of room)
(City Council) Awarded Design/Build Contract for the Peck Reservoir Expansion Project
(Springdale Reservoir) — CC-1102 — Pascal & Ludwig Constructors (600.10)
The City Council considered a communication from the Director of Public Works recommending
the award of the Design/Build contract for the Peck Reservoir Expansion Project (Springdale
Reservoir) to Pascal & Ludwig Constructors in accordance with City Council Resolution
No. 99-101 and Request for Proposals (RFP) requirements.
Public Works Director Beardsley presented a slide report titled Springdale Reservoir- Design &
Build 9 Million Water Storage Project that had been announced earlier as a Late
Communication by the City Clerk. Principal Civil Engineer Tom Rulla also reported on the
portion of the report relating to the Master Plan.
Public Works Director Beardsley referred to the study session on this subject held earlier in the
meeting to emphasize the importance of this project. Director Beardsley stated that the
reservoir has been under discussion since 1997 and mentioned that the booster pump station
on the adjacent site is ready for use.
(26) February 20, 2001 - Council/Agency Minutes - Page 26
Councifinember Boardman reiterated her comments from the earlier study session that she
supports the 9 million -gallon reservoir in the Southeast area, but remains unconvinced that the
Springdale Reservoir is needed.
Discussion ensued relative to the new Water Master Plan and its 45-minute shortfall of the goal
for emergency back-up water requirement.
A motion was made by Dettloff, second Green to 1. Accept the Design/Build proposal and
clarifications submitted by Pascal & Ludwig Constructors, 2049 East Francis Street, Ontario;
and authorize the Mayor and City Clerk to execute the City -funded design/build agreement
between the City of Huntington Beach and Pascal & Ludwig Constructors for Peck Reservoir
Expansion Project (Springdale Reservoir), CC-1102; and 2. Authorize the Director of Public
Works to expend a total of $7,834,000, which includes the contract cost of $6,299,000; extend
warranty option of $75,000; estimated change order contingency of $1,260,000; and $200,000
for supplemental costs. The motion carried by the following roll call vote:
AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
(City Council) Directed Staff to Initiate Consideration of Proposed Sanitary Sewer Charge
on Monthly Municipal Utility Billing for Rehabilitation, Replacement and Maintenance
Services and Initiate Professional Services Contract Negotiations with Darrel Cohoon &
Associates Re: Establishment of a Rate Schedule and Reports for Return to Council by
March 2001 and May 2001 for Review and Direction (1020.10)
The City Council considered a communication received from the Director of Public Works
requesting that the City Council initiate consideration of a proposed Sanitary Sewer Charge
under the provisions of Health & Safety Code Section 5472 to pay for the unfunded cost of
rehabilitation, replacement and maintenance of the City's sewer facilities.
Public Works Director Beardsley presented a PowerPoint slide report titled City of Huntington
Beach Public Works Department — Consideration of Monthly Sewer Charge. The presentation
had been announced earlier as a Late Communication by the City Clerk.
Assistant City Administrator William Workman provided an update of meetings attended with
staff personnel of the Orange County Sanitation District and Water Quality Control Board.
Considerable discussion was held regarding the language intended in the two options detailed
in Part No. 3 of the recommended action.
A motion was made by Bauer, second Dettloff to 1. Direct staff to proceed to develop the
proposed rate structure, programming by City's Information Technology Staff, and drafting of a
proposed ordinance, for implementation of a monthly sewer service charge pursuant to Health &
Safety Code Section 5472; and 2. In accordance with the established schedule, direct staff to
return on the City Council meeting of March 5, 2001 with a professional services contract with
Darrel Cohoon & Associates for services relating to establishing the rate structure and preparing
the reports needed to demonstrate that the charge is reasonably related to the cost of the
service; and 3. Direct staff to base a proposed rate structure, choosing Option 2 which states
that to: Include all costs of sewer system maintenance, operations and repair in the proposed
sewer charge rate structure with the provision that the historical level of General Fund
(27) February 20, 2001 - Council/Agency Minutes - Page 27
allocations for those sewer system costs be used for other infrastructure improvements and/or
maintenance; and 4. In accordance with the established schedule, direct staff to return in May
2001 or sooner, to review with the City Council, at a study session the proposed sewer charge
rate structure and draft ordinance. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: Green, Garofalo
ABSENT: None
(City Council) Approved Continued Development of Huntington Central Sports Complex
with City Operated Concessions - Motion Failed to Prepare Ballot Measure for
March 5, 2002 Special Municipal Election to Place Before the Voters the Issue of Leasing
5 Acres of the 45 Acre Huntington Central Sports Complex to Concessionaires for the
Operation of Recreational Facilities (620.10)
The City Council considered a communication from the Community Services Director
responding to the City Council's request at the February 5, 2001 Council meeting for an updated
opinion from the City Attorney's Office as to whether there is a need for another Charter Section
612 (Measure C) vote on the Huntington Central Park Sports Complex. The City Attorney
opinion dated February 8, 2001 is included in the agenda packet.
Community Services Director Ron Hagan presented an oral report on the staff report and on the
Late Communication received on the item. The communication is titled Statement of Issue
which refers to a request for Council direction on whether to proceed with Charter Section 612
(Measure C) vote on the concession portion of the proposed sports complex.
Director Hagan also referred to overhead maps and announced that this administrative item and
the following are interrelated. He spoke of the nature of the project requiring two timelines.
Mr. Hagan stated that it is an "all -or -nothing" proposition requiring the construction of the
Huntington Central Park Sports Complex and the mitigation of the proposed site formerly a
landfill area, according to EIR (Environmental Impact Report) requirements.
Community Services Director Hagan stated the concession aspect of the project is important to
provide revenue to pay the debt service and will impact the General Fund.
A motion was made by Bauer, second Garofalo to direct the Huntington Central Park Sports
Complex to be developed as planned and to have the city build and operate any concessions
and not go to a Measure C vote. The motion carried by .the following roll call vote:
AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
(City Council) Approved Conceptual Financing with Revenue Bonds for Community
Services Projects Including (1) Huntington Central Park Sports Complex, (2) South Beach
Phase li Improvements and (3) Pacifica Tower Senior Multi -Purpose Center, Located at
18800 Delaware Street (330.30)
The City Council considered a communication from the Acting Director of Administrative
Services and the Community Services Director requesting City Council direction regarding the
financing concept for the Huntington Central Park Sport Complex, South Beach Phase II
Improvements, and the acquisition of the Pacifica Tower for a senior multi -purpose center.
(28) February 20, 2001 - Council/Agency Minutes - Page 28
Community Services Director Hagan presented an oral report on the staff report and on the Late
Communication received on the item. The communication is titled Statement of Issue and
details the concerns outlined above.
Discussion ensued relative to the consideration of each of the projects separately or as a whole.
Councilmember Detttloff stated her belief that this project has been voted on previously, with the
addition of the consideration of the senior complex.
Councilmember Boardman quoted statistics from the staff report regarding the number of
softball games anticipated to be played on the sports fields, inquiring when maintenance and
down -times to allow for other types of sports would occur.
A motion was made by Garofalo, second Green to approve the concept of financing Community
Services projects including the Huntington Central Sports Complex, South Beach Phase II
Improvements, and the Pacifica Tower Senior Multi -Purpose Center with revenue bonds as
outlined herein if Council ultimately decides to move ahead with any or all of the projects. The
motion carried by the following roll call vote:
AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
(City Council) Approved Appropriation of Funding for Consultant Study of Proposal for
Pacifica Multi -Service Senior Center and Office Building at 18800 Delaware Street
(320.45)
The City Council considered a communication from the Community Services Director requesting
City Council direction if the city should appropriate funds to hire consultants to analyze the
financial and physical plant issues for the Pacifica Multi -Service Senior Center and Office
Building located at 18800 Delaware Street.
Community Services Director Hagan reviewed the staff report and on the Late Communication
received on the item. The communication is titled Statement of Issue and refers to whether the
city should hire consultants to perform various studies prior to a Council decision to make an
offer to purchase and reconfigure the former Pacifica Tower into a Senior Citizen Multi Service
Center and office complex.
Councilmember Green stated that he is prepared to make a motion and cannot pass on the
opportunity.
Councilmember Garofalo informed Council that he will second the motion, provided that staff
establish a threshold, i.e., an x number of dollars, amount of space, etc., and when the doors
will open.
Community Services Director Hagan concurred that the consultant will set up a baseline, but
that the recommendation needs to be acted on at this time in order for a decision to be made in
May 2001.
(29) February 20, 2001 - Council/Agency Minutes - Page 29
A motion was made by Green, second Garofalo to Authorize the Director of Administrative
Services to appropriate $150,000 into the Contractual Services Account for the purpose of
retaining various consultants to prepare a feasibility report on the city's multi -service senior
center and office building proposal for the Pacifica property at 18800 Delaware Street. The
motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Approved Professional Services Contract with Thomas Tucker (dba Pulse
Marketing) for Preparation of Analysis, Nexus Study, and Strategic Plan for the City's
Park -In -Lieu Fee Ordinance — Approved Fund Appropriation — Approved Waiver of
Professional Liability Insurance Requirement (600.10)
The City Council considered a communication from the Community Services Director
recommending that Council enter into a contract with Pulse Marketing and appropriate $98,500
from the Park Acquisition and Development Fund for an analysis, nexus study and strategic
plan regarding the city's park in -lieu ordinance.
Community Services Director Hagan presented an oral report on the staff report and on the Late
Communication received on the item. The communication is titled Nexus Study and Strategic
Plan for City's Park -In -Lieu Fee.
Councilmember Boardman inquired as to the reason for hiring a consultant to get 60% of the
in -lieu fee, to which Director Hagan responded that it is a legal issue. Mr. Hagan further stated
that the city may switch to an impact fee, but that it is to be studied.
A motion was made by Green, second Bauer to 1. Approve and authorize the Mayor and City
Clerk to execute the Professional Services Contract between the City of Huntington Beach and
Thomas D. Tucker, Individually and Doing Business as Pulse Marketing for an Analysis, Nexus
Study, and Strategic Plan Regarding the City's Park -in -lieu Fee Ordinance; and 2. Authorize
the Director of Administrative Services to appropriate $98,500 from the unappropriated fund
balance of the Park Acquisition & Development Fund into the Contractual Services Account for
an analysis, nexus study and strategic plan for the park -in -lieu ordinance; and 4. Waive the
professional liability insurance requirement. 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) Withdrawn — Request for Approval of Release of File in the Matter of
People v. Elizabeth Fertig — Case No. HB99WM13251 -- Dog Nuisance (120.80)
Earlier in the meeting, Mayor Pro Tern Cook requested that her above -captioned item be
withdrawn from the agenda.
(30) February 20, 2001 - Council/Agency Minutes - Page 30
(City Council) Requested Staff to Identify Role of the City in the Construction of
Gymnasium Buildings at Several Ocean View School District School Sites (100.10)
The City Council considered a communication from Councilmember Boardman transmitting the
following: Statement of Issue: The Ocean View School District is planning to construct
gymnasium buildings large enough to seat 1700 people at several of its middle school sites.
There has been interest expressed on the part of the school district to rent out these facilities in
the evenings and on weekends. Since the school district is planning to lease out these facilities,
this may be a commercial use of the site. Residents around the schools have expressed
concerns to me regarding parking, traffic, and noise. I realize cities generally have little control
over how a school district uses its sites for educational purposes. However, due to the impacts
this use will have on our citizens, I would like an opinion from the Office of the City Attorney and
the Planning Department regarding the level of involvement the city may take in the planning
process for the gymnasiums.
City Attorney Gail Hutton provided a legal opinion regarding school district's ability to rent out
facilities within the four middle school sites for non -classroom uses.
Mayor Pro Tern Cook suggested that the city can check alternatives that can have an impact on
city processes, such as the permitting of parking spaces.
Councilmember Boardman stated that it is not her intent to interfere in the school district's
affairs, but to mitigate the impact on the adjacent neighborhood in a pro -active manner.
Mayor Julien Houchen welcomed a meeting to be held with Superintendent Tarwater of Ocean
View School District through Barbara Boskovich, Ocean View School District Board of Directors.
Councilmember Green concurred with Councilmember Boardman that it would not be
unreasonable to obtain more information.
A motion was made by Boardman, second Green to direct the City Attorney's office in
conjunction with the Planning Department to prepare an analysis for the Council that explains
how and when it is appropriate for the city to become involved in this project. The motion
carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo
NOES: Dettloff, Bauer
ABSENT: None
(31) February 20, 2001 - Council/Agency Minutes - Page 31
Adjournment — City Council/Redevelopment Agency
Mayor Garofalo adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach at 12:30 a.m. to Monday, March 5, 2001 at 5:00 p.m., in
Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
4 fl'g'o�
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 tl Mayor -Chairman ^