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HomeMy WebLinkAbout2001-03-05 (7)Special Meeting Minutes City Council/Redevelopment Agency City of Huntington Beach 4:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, March 5, 2001 A videotape of this meeting is on file in the Office of the City Clerk 4:00 P. M. — 5:00 P.M. Council Chambers Call to Order Mayor Pro Tern Cook called the special meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4:00 p.m. in the Council Chambers. City Council -Redevelopment Agency Special Meeting Roll Call Present: Boardman, Cook, Garofalo, Dettloff, (Julien Houchen arrived 4:05 p.m.; Bauer arrived 4:20 p.m.; Green arrived 4:45 p.m.) Absent: None City/Agency Clerk Read Call for Special Meeting for the Purpose of Discussion and Possible Report by City Attorney of Action Taken on the Closed Session Items Listed on the Agenda CALL FOR SPECIAL MEETING CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH MONDAY, MARCH 5, 2001 Pam Julien Houchen, Mayor/Chairman Debbie Cook, Council/Agency Member Connie Boardman, Council/Agency Member Ralph Bauer, Council/Agency. Member Peter Green, Council/Agency Member Dave Garofalo, Council/Agency Member Shirley Dettloff, Council/Agency Member You are hereby notified that a Special Meeting of the Huntington Beach City Council and Redevelopment Agency of the City of Huntington Beach, California, is called for and will be held Monday, March 5, 2001 at the hour of 4:00 p.m., at City Hall, 2000 Main Street, Huntington Beach in the Council Chambers in the Lower Level. The meeting will be held for the purpose of meeting in closed session to consider and possibly take action on the below listed closed session items. (2) March 5, 2001 Council/Agency Special Meeting Minutes - Page 2 This Call for Special Meeting is necessary to allow the City Council/Redevelopment Agency to meet at 4:00 p.m., rather than at the 5:00 p.m. time which at the February 20, 2001 meeting was the announced time made to the public that the Council would again meet. (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(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 Richard C. Hooper (Dec'd) Jan Hooper (widow) v. City of Huntington Beach; [Workers' Comp Case]; City Claim No. COHB-92-0270. (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(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) (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., et al., v. City of Huntington Beach, et al.; Orange County Superior Court Case No. 81 87 80. (120.80) Dated: March 1, 2001 4m� a"L4!;t-- ATTEST: City Clerk/C , k %Am 4 ft, Ma r/Chairman I hereby certify that I received the above notice, "Call of Special Meeting of the Huntington Beach City Council/Redevelopment Agency," prior to 4:00 p.m. Sunday, March 4, 2001. M hairman (3) March 5, 2001 Council/Agency Special Meeting Minutes - Page 3 Motion to Recess to Closed Session — Approved A motion was made by Boardman, second Garofalo to recess to Closed Session (restricted to the items listed in the foregoing Call for Special Meeting notice). The motion carried by the following roll call vote: AYES: Boardman, Cook, Garofalo, Dettloff NOES: None ABSENT: Green, Julien Houchen, Bauer Reconvened City Council -Redevelopment ' Agency Special Meeting Adjournment — As of 5:00 P.M. the Special Meeting adjourned and the regular City Council -Redevelopment Agency Meetings commenced. Note: The City Attorney Reported Action Taken by the City Council in Closed Session during the 7:00 P.M. portion of the meeting. eeov . 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: City Clerk -Clerk ayor-Chairman [*2jj1je CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALL FOR SPECIAL MEETING CITY COUNCIUREDEVELOPMENT. AGENCY CITY OF HUNTINGTON BEACH MONDAY, MARCH 5, 2001 Pam Julien Houchen, Mayor/Chairman Debbie Cook, Council/Agency Member Connie Boardman, Council/Agency Member Ralph Bauer, Council/Agency Member Dave Garofalo, Council/Agency Member Peter Green, Council/Agency Member Shirley Dettloff, Council/Agency Member You are hereby notified that a Special Meeting of the Huntington Beach City Council and Redevelopment Agency of the City of Huntington Beach, California, is called for and will be held Monday, March 5, 2001 at the hour of 4:00 p.m, at City Hall, 2000 Main Street, Huntington Beach in the City Council Chambers in the Lower Level. The meeting wil! be held for the purpose of meeting in closed session to consider and possibly take action on the below listed closed session items. This Call for Special Meeting is necessary to allow the City Council/Redevelopment Agency to meet at 4:00 p.m., rather than at the 5:00 p.m. time which at the February 20, 2001 meeting was the announced time made to the public that the Council would again meet. (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(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 Richard C. Hooper (Dec'd) Jan Hooper (widow) v. City of Huntington Beach; [Workers' Comp Case]; City Claim No. COHB-92-0270. (120.80) g:TroceduANotices\Special.doc (Telephone: 714-536-5 227 ) (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. (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) (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., et al., v. City of Huntington Beach, et al.; Orange County Superior Court Case No. 81 87 80. (120.80) Dated: March 1, 2001 ef"' e �� , ATTEST: City Clerk/Agerfcy Clerk T h'r'1 1� u:t.I�89L Mayor/Chairman I hereby certify that I received the above notice, "Call of Special Meeting of the Huntington Beach City Council/Redevelopment Agency," prior to 4:00 p.m. Sunday, March 4, 2001. N,�M qc� 4u4j4n, yor/Chairman gAProceduMotices\Special. doc Minutes City Council/Redevelopment Agency City of Huntington Beach 4:00 P.M. - Council Chambers 5:00 P.M. - Council Chambers 7:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, March 5, 2001 A videotape of this meeting is on file in the Office of the City Clerk 4:00 P. M. — 5:00 P.M. Council Chambers Call to Order Mayor Pro Tem Cook called the special meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4:00 p.m. in the Council Chambers. City Council -Redevelopment Agency Special Meeting Roll Call Present: Boardman, Cook, Garofalo, Dettloff, (Julien Houchen arrived 4:05 p.m.; Bauer arrived 4:20 p.m.; Green arrived 4:45 p.m.) Absent: None City/Agency Clerk Read Call for Special Meeting for the Purpose of Discussion and Possible Report by City Attorney of Action Taken on the Closed Session Items Listed on the Agenda (Special Meeting Minutes Prepared Separately) This Call for Special Meeting is necessary to allow the City Council/Redevelopment Agency to meet at 4:00 p.m., rather than at the 5:00 p.m. time which at the February 20, 2001 meeting was the announced time made to the public that the Council would again meet. Note: (See Special Meeting Minutes of March 5, 2001 for the Special Meeting notice.) (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(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 Richard C. Hooper (Dec'd) Jan Hooper (widow) v. City of Huntington Beach; [Workers' Comp Case]; City Claim No. COHB-92-0270. (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 (2) March 5, 2001 Council/Agency Minutes -Page 2 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(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) (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., et al., v. City of Huntington Beach, et al.; Orange County Superior Court Case No. 81 87 80. (120.80) Motion to Recess to Closed Session — Approved A motion was made by Boardman, second Garofalo to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Boardman, Cook, Garofalo, Dettloff NOES: None ABSENT: Green, Julien Houchen, Bauer Reconvened City Council -Redevelopment Agency Special Meeting — 5:00 P.M. City Council -Redevelopment Agency Special Meeting Adjournment — As of 5:00 P.M. the Special Meeting adjourned and the regular City Council -Redevelopment Agency Meetings commenced. Reconvened — City Council -Redevelopment Agency Regular Meeting - 5:00 P.M.-7:00 P:M. Council Chambers 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 the Council Chambers. City Council -Redevelopment Agency Meeting Roll Call Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Absent: None Public Comments on Study Session Item Linda Moon, President of Amigos de Bolsa Chica, informed Council of her organization's interest in the restoration of the mesa for the past 25 years. She spoke in support of an inlet to provide tidal flushing, as proposed by the study committee, stating her concerns regarding (3) March 5, 2001 Council/Agency Minutes - Page 3 maximizing. the beach recreational area. Ms. Moon suggested that CalTrans funds rather than restoration, funds be used for the highway portion of the project. Michael Tope, District Superintendent of the California State Beaches and Parks, distributed material to Council regarding concerns with water quality. Mr. Tope stated support of the Bolsa Chica Wetlands restoration project; however, he cautioned that the area is larger than the Talbert -Marsh and spoke regarding his concerns about the potential loss of the entire beach. Bob Joseph, Staff Planner for CalTrans, read his company's support of the plans to restore the Bolsa Chica Wetlands "within a reasonable extent." He urged that a future CalTrans road project of an alternative scope and design be considered at this time. Mr. Joseph spoke regarding the slope conditions of the inlet along the Wetlands from Warner to Seapoint Avenues. He described contingencies of the project including storm water runoff treatment, as well as what he stated is the eventual reality of the widening and realignment Pacific Coast Highway. Ken Kramer, California State Lifeguard Association, stated that 600 ocean lifeguards are 100% in support of the Bolsa Chica Wetlands habitat and restoration project; however he spoke of the potential risk to public health and safety, and urged priority for safe water quality as the number one issue of concern. (City Council) Study Session Workshop Held between the Bolsa Chica Steering Committee, Members of the Environmental Board, and the City Council - Accepted Reports Re: Draft EIR (Environmental Impact Report) on the Proposed Bolsa Chica Wetlands Restoration Project (440.60) The City Council considered presentations made by representatives of various agencies, with members of the Environmental Board and the City Council reporting and responding with questions and concerns. There are eight state and federal agencies participating in the Bolsa Chica Steering Committee. They are: the State Lands Commission, California Resources Agency, California Coastal Conservancy, California Department of Fish and Game, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, National Marine Fisheries Service and the U.S. Fish & Wildlife Department. Four representatives of the nine -member Environmental Board who reported are Frank Caponi, Chair; Terry Dolton; Bob Anderson; and John Scandura. Other board members were present in the audience. The two representatives of the State Lands Commission are Messrs. Jim Trout, Project Coordinator of the Bolsa Chica Steering Committee; and Dwight Sanders, the agency's representative from Sacramento. Mr. Jim Trout facilitated the workshop, with members of the Bolsa Chica Joint Steering committee making contributions. In addition to Mr. Dwight Sanders, Mr. Trout introduced three other participants in attendance: Mr. Jack Facher, Risk Assessment, Fish and Wildlife Service; Ms. Terri Stewart, California Department of Fish and Wildlife; and Mr. Robert Hoffman, National Marine Fisheries Service. (4) March 5, 2001 Council/Agency Minutes - Page 4 Mr. Trout spoke regarding the process of easements and approvals for permits to be obtained from several agencies. Mr. Dwight Sanders, State Lands Commission, furnished an update of the on -going clean-up process. He described what is contained in the draft EIR-EIS (Environmental Impact Reports and supplemental documents). Mr. Sanders cited the number of responses to this material that have been received from governmental agencies at every level, private organizations and the public -at -large. He spoke of the necessity of crafting responses to these organizations and individuals in a technical, ethical, and environmentally sensitive manner. Asked by Councilmember Garofalo to provide a State Lands Commission timeline for the restoration project, Mr. Sanders stated that it is presently unknown. Mr. Jack Facher from the U. S. Fish and Wildlife Service reported next on Risk Assessment. He informed Council of an upcoming meeting with the Deputy Director for CalTrans. Mr. Facher presented a visual aid titled Proposed Project Concept Plan without Flood Diversion provided to illustrate his points. Mr. Facher described the degree to which sampling has been completed by the Risk Assessment Department. Councilmember Boardman asked Mr. Facher 1) if the results are known as to the level of contaminants that have been found on site; and 2) if the clean-up plan has to be completed before restoration can begin. Mr. Facher replied that all the information that is available on clean-up and prepared for response is contained in the draft EIR. He stated that no compromise .has yet been reached with regard to ecological clean-up of the site, but stressed that standards when known will be disclosed to the public. Mr. Facher informed Council that if there is a disagreement regarding voluntary clean-up levels that the Regional Water Quality Control Board has the final authority over the timeline between clean-up and restoration. He stated his intent of assuring Council that clean-up is very specifically oil -field related, involving the removal of wells and pipelines which inherently should not be controversial or in dispute. In response to Councilmember Dettloff's inquiries relative to the inlet and tidal flushing, Mr. Facher provided feedback on technical processes. He referred to the appendix of the draft EIR as addressing these engineering concerns. Discussion followed relative to Assembly Bill 411 and beach advisories, in response to Councilmember Green's reference to the statements made by the public comments speakers with regard to health and safety. Mr. Facher stated that tidal wetlands at Talbert Marsh generate bacteria, triggering AB 411 postings. Mr. Sanders, State Lands Commission stated that the ocean transport of pollutants must be evaluated. Councilmember Bauer voiced his concerns regarding the Wintersburg Channel, and the potential for flooding as being substantial there, stating that it is one of three channels that impact the Huntington Harbour Wetlands catch basin. Mayor Pro Tern Cook requested comment on what had been mentioned by public speakers regarding the possibility of an underground piping system so as not to disturb or lose the five acres or so of beach area. (5) March 5, 2001 Council/Agency Minutes - Page 5 Mr. Sanders responded that conduits under the beach have been considered but discontinued at the project level predominantly for technical reasons. Mr. Sanders qualified that problems posed by the use of this type of culvert include design issues — a bridge would be a "maintenance nightmare" - as well as the loss of diversity of the species of fish due to isolation from the ocean. In answer to Councilmember Garofalo's inquiry regarding a comparison of the water quality between Talbert Marsh and the Bolsa Chica, Mr. Facher stated that there has been little scientific investigation into the subject of bacterial contamination from salt water marshes and its effect on human health. He further stated that neither has any link between birds, bacteria, and human health been scientifically established. Mr. Frank Caponi, Chair of the Environmental Board, next addressed the members of the Bolsa Chica Steering Committee. Mr. Caponi requested comment on the definition and parameters of clean-up levels, and the magnitude of time needed. Mr. Facher stated that clean-up is a component of Risk Assessment, as will be seen later. Mr. Caponi encouraged the Steering Committee to keep the public apprised and intimately involved with each facet of the restoration process. Councilmember Bauer reiterated if the Wintersburg Channel as a potential source of beach closure, is of any major concern to which he received an affirmative reply. Mr. Facher stated that the clean-up plan when agreed upon, may either be a board action or a public action requiring testimony. He informed Council that in the "most optimistic scenario," the issue of clean-up may not be great and large-scale. Environmental Board member John Scandura echoed Mr. Caponi's sentiment of the importance of public review. Mr. Scandura inquired what would take place if no agreement between the oil operators and the agencies is reached; how would the Regional Water Quality Control Board enforce its decision. Mr. Facher responded that if voluntary clean-up fails, they would look at other processes. Councilmember Boardman invited Ms. Terri Stewart, State of California Department of Fish and Wildlife; and Mr. Robert Hoffman, National Marine Fisheries to make a'few comments. Ms. Stewart spoke regarding the Least Tern population at the Bolsa Chica Wetlands. Ms. Stewart stated that both she and Mr. Peter Knapp, the Least Tern Monitor who was present in the audience, may be contacted for information involving the detection of predators of these birds which migrate to the bird sanctuary at the Bolsa Chica Wetlands during the summer months. Environmental Board Member Bob Anderson requested differentiation between active remediation and the more passive clean-up occurring on the site. Mr. Facher responded that the answer is in the degree of physical disruption. He stated that the entire site does not have to be dug up unless it is found to be hugely contaminated, which cannot be left in the ecosystem. Terry Dolton, Environmental Board Member spoke regarding the impact on the Outer Bolsa with regards to flood control. Mr. Dolton expressed concern over the import of a very different (6) March 5, 2001 Council/Agency Minutes - Page 6 mixture of water that includes oxygen and a variety of other ingredients, and improvements to the water quality in the Wetlands. Councilmember Boardman inquired if an increase in the number and the types of fish is anticipated with restoration. Mr. Robert Hoffman, National Marine Fisheries Service, related an instance in San Diego County where the number of fish species increased by 55 after completion of the restoration process. Councilmember Dettloff asked if there was room for alternatives taking into account concerns by local entities with issues. Mr. Sanders replied in the affirmative; the EIR document provides "the wherewithal to mix and match." Mr. Facher contributed an example using CalTrans, stating that the design details have been drawn up with that agency's guidance and their cooperative agreement to access the state right-of-way. He referred to the strategic description as being covered in the EIR/EIS. Mr. Trout delivered concluding remarks, offering that the public will receive ample opportunity to communicate any alternatives prior to approval of the project by the agencies. Mayor Julien Houchen thanked the presenters and Council Committee Liaisons Mayor Pro Tern Cook and Councilmember Dettloff for the study session. Recess - 6:45 P.M. Reconvened City Council -Redevelopment Agency Regular Meeting - 7:00 P.M. - Council Chambers 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 7:00 p.m. in the Council Chambers. City Council -Redevelopment Agency Roll Call Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Absent: None (City Council) City Attorney's Report of Action Taken by the City Council in Closed Session on March 5, 2001 (Pursuant to Government Code Section 54957.1(a)(3)(B)) — City Council Initiated Litigation Against Certain Massage Establishments Within the City of Huntington Beach (120.80) City Attorney Gail Hutton reported that on March 5, 2001, the City Council convened in closed session and voted to initiate litigation against certain massage establishments within the City of Huntington Beach. The action, defendants,and other particulars shall, once formally commenced be disclosed to any person upon inquiry, unless to do so would jeopardize the City's ability to effectuate service of process on one or more unserved parties. The Council voted unanimously, with Green absent. Flag Ceremony and Pledge of Allegiance — Huntington Beach Search and Rescue Explorer Post. Captain: Mike Rustemeyer. Coordinator: Lieutenant J. B. Hume, Huntington Beach Police Department. (7) March 5, 2001 Council/Agency Minutes - Page 7 Invocation — Reverend Bruce Templeton, First Christian Church, Huntington Beach 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: Communication dated March 5, 2001 from the Assistant City Administrator transmitting a letter from AES Huntington Beach, LLC requesting a change to the proposed CUP conditions related to Units 3 and 4. Communication titled AES CUP Conditions. Slide show presentation dated March 5, 2001 from the Planning Department. Slide show presentation titled Appeal — AES Huntington Beach Nitrogen Oxide Emissions Reduction Equipment. Slide show presentation submitted by the Planning Department to the City Clerk's Office on March 5, 2001. Slide show presentation titled Annual Holly Seacliff Development Agreement Compliance Report. Slide show presentation from the Community Services Department titled Huntington Beach High School Pool. Communication dated March 5, 2001 from the Department of Economic Development transmitting a slide show presentation, corrected version of the Summary of Terms and sections of the Disposition and Development Agreement with CIM modified by the proposed Second Implementation Agreement. Slide show presentation titled Block 1041105 - CIM 2"d Implementation Agreement. Presentation — Introduction by June Dugmore, Executive Director, Miss Huntington Beach Scholarship Pageant, Division of the Women of Action, Huntington Beach Chamber of Commerce, to Mayor Pam Julien Houchen and the Huntington Beach City Council of Miss Huntington Beach, and her Court. Miss Huntington Beach, Aimee Nicole Thiessen, 18 years of age, student at Golden West College; 1s' Runner Up, Andrea Nicole Lowman, 17 years of age, senior at Huntington Beach High School and 2"d Runner Up, Kristina Louise Johnston, 19 years of age, student at Golden West College. - Mayor's Award — To Senior Police Officer Greg Davis, Training Bureau, Huntington Beach Police Department for his exemplary work as a field officer. Public Comments Nancy Donaven spoke in support of Mayor Julien Houchen's agenda item on the Bolsa Chica Mesa acquisition as timely and important. Mary K. Antonelli informed Council that she resides within a block of the Bolsa Chica Mesa and supports the proposed acquisition of the Wetlands. She stated that she is opposed to the subdivision agreement, believing that the preservation of open space is important to the psychological health and well being of the citizens. (8) March 5, 2001 Council/Agency Minutes - Page 8 Jan Vandersloot urged support of the agenda item proposed by Mayor Julien Houchen to initiate negotiations to purchase the Bolsa Chica Mesa. He informed Council that he has. been' involved in the controversy for 20 years, and that acquiring the land would settle the issue. Dr. Vandersloot recommended that an independent appraisal of the property be conducted via the office of Senator Barbara Boxer. He stated that if there are any delays in the restoration plan, to nevertheless proceed with bringing in the water supply needed in order for street improvements to be made. Dr. Vandersloot suggested that Council go on record to oppose the proposed widening of Pacific Coast Highway to six lanes. Flossie Horgan spoke in favor of Mayor Julien Houchen's agenda item calling for the city to support acquisition of the Bolsa Chica Mesa. Ms. Horgan stated that Proposition 12 funds are available to local agencies and non-profit organizations, for which the city may apply. Ms. Horgan informed Council of the efforts being made in Northern California for these funds, and expressed the belief that it is time for Southern California to receive its "fair share." Eileen Murphy urged Council to support Mayor Julien Houchen's agenda item proposing to initiate negotiations to purchase the Bolsa Chica Mesa. Ms. Murphy requested that Council direct staff to secure funding at the State and Local levels for acquisition. Linda Moon, President, Amigos de Bolsa Chica voiced her support of Mayor Julien Houchen's agenda item to acquire the Bolsa Chica Mesa. She expressed her hopes that the property owner can be encouraged to become a willing seller. Ms. Moon urged the start of the process and to accomplish the purchase to include privately held parcels, such as the area designed for the Linear Park, as well as the Fieldstone property, stressing that each is important. She stated the viewpoint that Councilmember Bauer's item on the Bolsa Chica Mesa is premature and that it may encumber the proceedings. Robert Winchell, Huntington Beach resident, stated that he speaking on behalf of Huntington Beach Tomorrow to support the proposal to acquire the Bolsa Chica Mesa introduced by Mayor Julien Houchen. He commended the Mayor on her recommended action and expressed his hope that the motion passes. Mr. Winchell expressed the concern over preserving open space as a legacy for future generations. Doug Korthof spoke in terms of the Bolsa Chica Mesa being a major asset as a habitat for raptors and other birds "eking out a living." He commended Councilmembers Dettloff and Bauer's long record in support of purchasing the property. Mr. Korthof stated that he is opposed to high density building on the coastal zone, as well as the recent 301-H waiver granted the Orange County Sanitation District that allows for dumping sewage into the ocean and which may contribute to beach postings. He recommends the purchase of the entire mesa, the upper as well as the lower bench. Gerald Chapman stated that as a former Planning Commissioner who is in support of acquiring the Bolsa Chica Mesa, he is expressing his gratitude to Mayor Julien Houchen for her agenda item. Dr. Chapman stressed how important it is for the city to state its support as it seeks to get funding. Rudy Vietmeier, Sierra Club, spoke in support of Mayor Julien Houchen's agenda item, informing Council that a task force is assisting the Bolsa Chica Land Trust in the acquisition process. Mr. Vietmeier stated how hard the Sierra Club has worked to pass Proposition 12, and how pleased it would be to have these funds go towards the Bolsa Chica Mesa. (9) March 5, 2001 Council/Agency Minutes - Page 9 Stan Krutsick gave the endorsement of the Bolsa Chica Land Trust for the efforts of the city to seek purchase of the Bolsa Chica Mesa from the landowner. He stated that the measure taken by Mayor Julien Houchen is representative of her impressive and strong leadership. Mr. Krutsick expressed the belief that the legacy of the Bolsa Chica Land Trust will set the city apart as a destination center. Dave Sullivan shared his support of Mayor Julien Houchen's agenda item. He also stated his approval of the administrative agenda item relative to the Second Implementation Agreement between CIM Group, LLC and the Redevelopment Agency. Dr. Sullivan promoted CIM as a developer that can bring quality projects and draw people to the downtown area to increase the sales tax revenue base. He spoke regarding the recent Howard Jarvis pending litigation against the city regarding property tax collected. Dr. Sullivan provided a Huntington Beach Taxpayers' Association website address and a phone number for property owners who wish to be advised about their rights to a possible tax refund. He expressed his well wishes to the Mayor and Mayor Pro Tern on their upcoming trip to Washington, D. C. as Bolsa Chica Council Committee Liaisons. Sherrill Dick informed Council that she is in support of Councilmember Boardman's agenda item from the February 20, 2001 meeting that requested a report on the rental of gymnasium and other facilities in Ocean View School District (OVSD). Ms. Dick took exception to some comments that OVSD Superintendent Dr. Tarwater made in a local newspaper. Elizabeth Williams, Ocean View School District Middle School Principal, spoke in opposition to Councilmember Boardman's item on the February 20, 2001 agenda requesting a report on whether the city has authority to make any input on the impact of the construction of a gymnasium on OVSD property. Ms. Williams spoke of the project in terms of its benefits that can be derived by school children. Mayor Pro Tern Cook remarked that she perceives a discrepancy between the statements provided by the last speaker, Ms. Williams regarding Councilmember Boardman's agenda item, and what had been voted on at the last Council meeting of February 20, 2001. Mayor Pro Tern Cook invited Ms. Williams to visit the City Clerk's Office to learn further about the information contained in Councilmember Boardman's agenda item. Don McGee stated that he wanted to thank whomever it may concern'for the banning and removal of the fluorescent signs posted throughout the city. Mr. McGee spoke regarding the energy crisis, referring to the city's recent experience with the rising cost of the kilowatt charges as what he stated is being faced by mobile home owners with the escalation of mobile home space rents. Steve Gullage distributed material to Council, stating that as a representative of the GSMOL (Golden State Mobilehome Owners' League), he is in support of the cities that have enacted legislation to assist mobilehome residents. Mr. Gullage requested Council to support Senate Bill 691 to protect cities from lawsuits filed by mobilehome park owners. Chuck Scheid referred to letter he stated he had sent Council earlier that day regarding the recently approved Springdale Reservoir and the proposed water rate fee increase. He cautioned Council that its failure to reconsider the decision may result in legal jeopardy. Mr. Scheid informed Council that the Huntington Beach Municipal Code is explicit in restricting capital surcharge money to be used in the projects identified in the 1995 Water Master Plan only. (10) March 5, 2001 Council/Agency Minutes - Page 10 Requested by City Administrator Silver to respond, Public Works Director Robert F. Beardsley stated that as he had just received Mr. Scheid's correspondence, he has yet to enlist the assistance of the City Attorney for a legal opinion. Dean Albright commended Mayor Julien Houchen on her agenda item regarding the Bolsa Chica Mesa. He also spoke in support of the administrative item on the Huntington Beach High School pool but requested that the school districts respect impact on the neighborhoods from their projects. Steve Stafford voiced his complaints regarding the Police Department, providing a timeline of his attempts at contacting city staff to rectify his problems. Bruce Hackel representing Burlington Coat Factory informed Council that the Ezralow Retail Properties, Inc. has still not contacted his company regarding its participation in the redevelopment process, as Mr. Rocky LaCross had last reported during public comments at the February 20, 2001 Council meeting. Lou Baker complimented Council on its attempts to restore the Bolsa Chica, but stated that a better alternative would be to have the property rehabilitated by the Federal Government and operated by the city. He quoted an expert on water resources on the need to stop primary and secondary discharge to the ocean. Mr. Baker took exception to columnist Bill Borden's opposition to the proposed groundwater reclamation program. (City Council) Received Councilmember Green's Report on the March 28, 2001 Meeting between the Orange County Sanitation District and Orange County Water Board Re: the Proposed Joint Groundwater Reclamation Program (1000.90) Councilmember Green responded to the previous speaker, Mr. Lou Baker's comments, informing Council that the two Orange County agencies, the Sanitation District and the Water Board, will meet on March 28, 2001 to decide whether or not to proceed with the second phase of their joint Groundwater Reclamation Project. He said that if the cooperative program is approved, water will be purified and injected into the aquifer, a method intended to be energy= efficient. Councilmember Green also referred to the study to be conducted by the Orange County Sanitation District in the upcoming summer months as the reason for hesitancy in making any definitive statements at this time with regard to water quality. Public Comments Resumed Aviv Tuchman, Attorney for Burlington Coat Factory, updated Council that his company has not received any proposals from the developer, Ezralow Properties, Inc., relative to the owner participation process in the redevelopment of Huntington Center mall. Joel Sheldon, Environmental Engineer and Board Member of the Bolsa Chica Land Trust conveyed his pleasure at having Mayor Pro Tern Cook and Councilmember Boardman on the City Council. He expressed his support of Mayor Julien Houchen's agenda item on the acquisition of the Bolsa Chica Mesa. Mr. Sheldon commended the Coastal Commission for a fine job in preserving the lower bench. Joey Racano thanked Mayor Julien Houchen for her courageous leadership on the Bolsa Chica Mesa issue. He spoke of the Groundwater Replenishment Project as a dangerous experiment, (11) March 5, 2001 Council/Agency Minutes - Page 11 describing how the process would allow for impurities to remain in the water in Huntington Beach. Mr. Racano expressed the opinion that water shortage is a myth being perpetuated by the building industry in an effort to maintain high density housing in the coastal zone, speaking further in opposition to salt water intrusion. Andrew Kreitz, water polo and swim team member, voiced his opinion in favor of the administrative agenda item on the Huntington Beach Union High School District's proposal to build the swimming pool at Huntington Beach High School. Mr. Kreitz described his practice schedule, suggesting alternative hours for the swimming pool facilities to remain open. Jay Kreitz, stated his purpose for coming was to speak on behalf of the Community Services Commission to support the administrative agenda item relative to the Huntington Beach Union High School pool as a great collaborative effort between the school and the city. Mr. Kreitz informed Council that he concurs with his son Andrew, the previous speaker, that there is not enough pool space in the city., Norm Westwell spoke in favor of funding the Huntington Beach High School pool, and in opposition to what he considers to be hazardous detour signs at Warner Avenue and Edwards Street, and at Edinger Avenue and Edwards Street. Mr. Westwell stated that he was troubled by the investigations of department officials involving sewer leaks. He introduced a "silver certificate," urging the city to consider participation in a redemption center program for revenue. Mr. Westwell expressed disfavor with the imposition of a curfew on beach operating hours. He stated his objection to Councilmember Bauer's comments regarding the amount of debris collected via the street sweeping program. Mr. Westwell took exception to service he received from the City Attorney's Office. He spoke in favor of Councilmember.Bauer's agenda item regarding the Bolsa Chica Mesa. In reference to the previous speaker, Mr. Westwell's comments on the street sweeping program, Councilmember Bauer stated that the source of the information he furnished is a Rainbow Disposal Company report. Pam Walker, Ocean View School District Board member spoke in opposition to Councilmember Boardman's agenda item on last Council meeting of February 20, 2001 regarding the impact of the proposed school gymnasium project on the surrounding residential neighborhood. Ms. Walker lodged a complaint that there are many voices for the issues concerning the city but none to address the lack of resources for children. Chuck Beauregard, informed Council that he is the proud father of a daughter who is an Olympic athlete and a son active in water polo sports. He stated that he found it implausible that the city has eight -and -a -half miles of beach and yet lacks an adequate number of swimming pools. Mr. Beauregard related the benefit of teaching children to swim in city pools to prevent drowning. He related his support of the administrative item on the Huntington Beach Union High School swimming pool, and of Mayor Julien Houchen's agenda item on the acquisition of the Bolsa Chica Mesa. Greg Castle described the drainage and grading problem on his property that has caused flooding and for his swimming pool to raise several feet from its foundation. Mr. Castle stated he is seeking damages to pay for the repairs. Mayor Julien requested that Mr. Castle contact Public Works Director Beardsley. (12) March 5, 2001 Council/Agency Minutes -Page 12 (City Council) Public Hearing - Approved 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) (Public Hearing was Continued Open From February 20, 2001 to Consider Appeal Filed by Councilmember Ralph Bauer of Planning Commission) (420.40) Mayor Julien Houchen announced that this was the time scheduled for a public hearing for consider the following: 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. Location: 21730 Newland Street (northeast of Newland Street and Pacific Coast Highway) Coastal Zone 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, 10th 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. Planning Director Howard Zelefsky furnished background on the rationale for scheduling the public hearing, which is the appeal filed by Councilmember Ralph Bauer of the Planning Commission's approval of Conditional Use Permit No. 00-49/Coastal Development Permit No. 00-15/Negative Declaration No. 00-09. Director Zelefsky introduced the Project Planner, Associate Planner Jane James who presented a PowerPoint slide presentation that had been announced earlier by the City Clerk as one of two Late Communications received which pertain to this public hearing item. The (13) March 5, 2001 Council/Agency Minutes - Page 13 communication is titled Appeal — AES Huntington Beach Nitrogen Oxide Emissions Reduction Equipment. Associate Planner James referred to slide number four of the aforementioned PowerPoint presentation. Ms. James differentiated between the project in question involving the reduction of nitrous oxide emissions through the installation of SCRs (Selective Catalytic Reduction System) for Units 1 and 2, and a separate project on the retooling of Units 3 and 4 currently pending before the California Energy Commission for approval. Fire Chief/information Systems Director Michael Dolder continued with the presentation. He stated that the Fire Department has satisfied all of Councilmember Bauer's requirements regarding meeting "upset conditions;" i.e., should the power plant experience a rupture, damage control over the cloud and plume created. Chief Dolder expressed confidence that the electrical energy facility will not require off -site mitigation. In response to Councilmember Bauer's inquiry to ascertain if the subject conditions have been subsequently approved by the Planning Commission, Chief Dolder cited several of the additional measures suggested by the Fire Department, excerpted from the staff report. Discussion ensued regarding the city's concerns with improvements through intensified landscaping of site perimeters. Associate Planner James turned attention to the photographs on the wall taken both before and after enhancements to the plant's boiler duct apparatus had been made. Ms. James reported on the screening work and the significance of its impact on aesthetics. Discussion followed relative to posting bonds for improvements to Newland Street including street widening, said to be a year into the future. It was also pointed out that the Design Review Board recommended approval of the SCR (scrubber) equipment. Councilmember Boardman expressed concern regarding least terns, clarifying that a colony of these birds inhabit the area of the power plant that is adjacent to the Bolsa Chica Wetlands. Councilmember Boardman informed Council that she had been advised against the planting of palm trees due to their detrimental effects on the health and safety of wildlife. Councilmember Dettloff concurred with Councilmember Boardman's cautionary statement as important, stating that the issue should have been brought up with the Landscaping Committee. Discussion ensued relative to these and other landscaping concerns including cost issues that are to be addressed with the landscape architect/designer. It was mentioned that the Planning Commission does not usually review landscaping plans. The City Clerk restated for the record the second Late Communication she had announced earlier as pertaining to the public hearing. The communication is dated March 5, 2001 from the Assistant City Administrator transmitting a letter from AES Huntington Beach, LLC and is titled AES CUP Conditions. Mayor Julien Houchen declared the public hearing open. (14) March 5, 2001 Council/Agency Minutes - Page 14 Ed Blackford, AES Huntington Beach, LLC President/Site Manager informed Council that his company has been working collaboratively with the Fire Department officials, Chief Dolder and Division Chief/Fire Marshal Duane Olson in the best public interest. Mr. Blackford recounted issues of concern, including those relative to the risks associated with the use of ammonia and the proposed future Newland Street widening project. He stated that accompanying him that evening is a team of technicians who can provide information on the intensified landscaping plan. Mr. Blackford stated that speaking from the standpoint of wildlife preservation, he is working with expert arborists and can assure Councilmember Boardman that they would not be focused on palm trees. He urged approval of the project, stressing that California needs all the power that can be generated from the units at his plant. Michael Scavo, Steam Fitters Local Union 250, informed Council that he would be satisfied knowing if all the electrical power is to remain in the State of California. He thanked Mayor Julien Houchen for her participation and input at the California Energy Commission hearing, commending her strong leadership and fortitude in asserting the city's goals and objectives. Mr. Scavo stated how impressed he had been with the fantastic presentation given on the MOU (Memorandum of Understanding) between the Duke Energy power company and the City of Morro Bay, which details that city's evacuation plan. He stated that in comparison, the city's plan appears to be a "quick -fix, band aid solution." Mayor Pro Tern Cook offered Mr. Scavo a copy of the city's report compiled on the energy crisis. Douglas Williams, Iron Workers Local Union 433, stated that he was proud of Council for its stance on the AES project. He related ,his concern over the SCRs but qualified that so long as the Fire Department is happy he will remain content with the use of this particular scrubber technique. Mr. Williams also expressed concern from an aesthetic standpoint. Tom Martin, Iron Worker, spoke in opposition to the project, stating that air and water quality will be jeopardized. Greg Gilbert, Goal Line Environmental Technologies, distributed collateral material to Council and the City Clerk regarding his company's Catalytic Absorption System, known as SCONOx.i Mr. Gilbert described the process and requested Council to consider it as a pollution control option to the Selective Catalytic Reduction System for AES plants. Gerald Chapman, past Chair, Planning Commission, thanked Councilmember Bauer for filing his appeal. Dr. Chapman spoke regarding the potential hazard of reaching toxic concentration levels of ammonia, as a result of the proposed catalytic reduction process. He stated a main concern deals with why the Fire Department had not addressed the possibility of this being a consequence prior to Councilmember Bauer's appeal. Dr. Chapman expressed his intent to remind Council that slowing down would make for a better project. Dick Harlow referred to the Late Communication from Mr. Ed Blackford, the President of AES Huntington Beach, LLC. He referred to Section No. 3.b of the Findings for Approval of the Coastal Development Permit No. 00-15. Mr. Harlow made recommendations regarding the intensified landscaping issues, and updated Council on planned meetings between Associate Planner James and the architect, Mr. Chuck Davis of the Parks, Trees and Landscape Division. He spoke regarding the city process of posting bonds for project improvements, suggesting the consideration of alternatives to cash bonds. (15) March 5, 2001 Council/Agency Minutes -Page 15 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. Mayor Pro Tern Cook asked Mr. Blackford to comment on the public testimony given by Mr. Gary Gilbert from Goal Line Environmental describing his company's alternative emission control process. Mr. Blackford replied that he is familiar with the application of the technology but that it is neither yet widely accepted nor compatible with the steam boiler units at his power plant. Councilmember Bauer requested staff to elaborate on posting bonds, to which Mr. Dick Harlow alluded during his public testimonial. Associate Planner James responded that nothing aside from cash bonds are typically used by the city and that this is applied uniformly as matter of course. Councilmember Garofalo stated his intent of moving the recommended action. Councilmember Bauer seconded the motion with two amendments: 1.) appointment of a temporary landscape committee; and 2) strike through text: "and/or physical architectural improvements," from Section No. 3b. Mayor Pro Tern Cook suggested the removal of the barbed wire fence which she stated detracts from the landscaping aspect. Further discussion.ensued regarding this request and the Design Review Board Review process. The City Clerk requested that Council restate the motion as amended. Councilmember Bauer withdrew his amendment to strike out language. Councilmember Dettloff contributed the stipulation that if landscaping fails to satisfy the city's desired screening results, further architectural improvements would be explored. A motion was made by Garofalo, second Bauer to approve the Planning Commission and Staff Recommended Action to 1. Approve Negative Declaration No. 00-09 with findings (ATTACHMENT NO. 1*); and 2. Approve Conditional Use Permit No. 00-49 and Coastal Development Permit No. 00-15 with findings and modified conditions of approval (ATTACHMENT NO. 1 *) and to approve as amended to (1) amend Condition No. 3b to add review by City Council Landscape Review Subcommittee in addition to Design Review Board and Planning Department, and to (2) if landscaping fails to satisfy city's desired screening results; then physical architectural improvements shall be explored to satisfy the requirements. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None Note: See Appendix A at the end of these minutes for Attachment No. 1 - Findings and Conditions of Approval. (16) March 5, 2001 Council/Agency Minutes - Page 16 (City Council) Public Hearing - Accepted Annual Review of the Holly Seacliff Development Agreement (No. 90-1) Compliance Report — PLC Land Company (490 Acre Parcel Located n/o Ellis Avenue, e/o Huntington Street, w/o Edwards Street and s/o Seacliff Golf Course) (600.10) Mayor Julien Houchen announced that this was the time scheduled to consider the following public hearing: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Breach, CA 92648 Request: Annual review of the Holly Seacliff Development Compliance Report Location: Approximately 490 acres located between Ellis Avenue on the north, Huntington Street on the east, Edwards Street on the west and the Seacliff Golf Course on the south. Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Planning Director Howard Zelefsky and Senior Planner Mary Beth Broeren presented the slide report announced as a Late Communication by the City Clerk. The PowerPoint presentation is titled Annual Holly Seacliff Development Agreement Compliance Report. Mayor Pro Tern Cook recused herself from participation in the public hearing as she stated she may live within 300 feet of the property. Mayor Julien Houchen declared the public hearing open. Gerald Chapman, resident of the Ellis -Golden West quarter section stated that contrary to the staff report, there is a wall along the west side to Garfield Avenue that is not yet completed. Dr. Chapman stated that he had spoken to PLC Land Company representative, Mr. Bill Holman who agreed that this improvement is lacking. Andy Pieter, Hampton Homeowners Association, informed Council that he had spoken with the Planning Commission regarding an issue concerning the Peninsula Marketplace. He expressed concerns regarding spill -over lighting emanating from the Ralph's Supermarket's primary sign and the dual lighting system in the grocery store's parking area, which he stated is improperly installed. Mr. Pieter would also like remedy from the noise and traffic caused by trailer trucks travelling on Saddleback Lane and Garfield Avenue. Bill Holman announced that this year is PLC Land Company's tenth annual review. He updated Council with additional projects completed, including the Harriett Wieder Linear Park. Mr. Holman acknowledged Dr. Chapman's comments regarding the wall along Garfield Avenue requiring further improvements, stating that the homeowners requested raising of the wall. He informed that PLC Land Company is committed to its fair share of the cost, but is waiting to hear from the homeowners association regarding moving forward with the plans. Karen Jackie, Huntington Seacliff resident spoke regarding the existing neighborhood improvements being constructed by PLC Land Company in relation to compatibility. She (17) March 5, 2001 Council/Agency Minutes -Page 17 mentioned a city -owned portion of the south side of the street corner area along Golden West Street that is not landscaped. Ms. Jackie commended Bill Holman, PLC Land Company .. representative as a pleasure to work with on the linear park project. She stated that the Edison Company and the city have worked jointly to remove the eucalyptus trees but that nothing has been done to replace them. Ms. Jackie referred to a petition signed by her neighbors. 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. Councilmember Boardman requested feedback on the following concerns, most of which had been voiced during public testimony relative to the: 1. Completion of landscaping improvements; 2. Lighting at Ralph's Supermarket; and 3. Replacement trees for the eucalyptus trees (as well as the trees noted by Councilmember Boardman as missing on Summit Drive.) Staff responded that it will look into these concerns, and refer those appropriate to the Beautification and Landscaping Committee. Senior Planner Broeren responded that she will review the Holly Seacliff Reimbursement Agreement to see if these issues are covered, per Councilmember Bauer's request. Councilmember Bauer recommended that Ms. Jackie contact staff and delineate her request. A motion was made by Dettloff, second Green to determine that the Developer is in compliance with the Holly Seacliff Development Agreement No. 90-1 by accepting the 2000 Annual Compliance Report and authorize the Mayor and City Clerk to sign and execute the Certificate of Development Agreement Compliance (ATTACHMENT NO. 2) and direct the City Clerk to record said certificate. The motion carried by the following roll call vote: AYES: Green, Boardman, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: None (Garofalo out of room) ABSTAIN: Cook Consent Calendar — Items Removed for Separate Discussion The following items were removed from the Consent Calendar for separate discussion: (City Council) Final Tract Map No. 16180 of Tentative Tract Map No. 15603 with Bonds and Agreements ("The Tides") — e/o Goldenwest Street, n/o Summit Drive —Subdivision Agreement Between the City and Shea -Vickers Development, LLC (420.60) (City Council) Second Amendment to Contract with URS Greiner Woodward Clyde for Engineering Studies Related to Urban Runoff/Coastal Remediation (600.10) Consent Calendar — Items Approved On motion by Dettloff, second Green, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: (18) March 5, 2001 Council/Agency Minutes - Page 18 AYES: Boardman, Cook (No — Economic Advisor Consultant Agreements), Julien Houchen, Dettloff, Bauer NOES: None ABSENT: None (Garofalo out of room) (City Council) Adopted Resolution No. 2001-6 — Declares Weeds and Rubbish on Specific Properties a Public Nuisance — Sets Public Hearing for May 7, 2001 (520.80) — Adopted Resolution No. 2001-6 - "A Re -solution of the City Council of the City of Huntington Beach Finding and Declaring that Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof' and fixing May 7, 2001 as the date for hearing objections to the removal process. Submitted by the Public Works Director. Funding Source: Not Applicable. (City Council) Approved and Consented to Assignment of Concession Sublease Interest for Chimayo at the Beach from Pacific Restaurant Adventures, Inc. to Culinary Adventures, Inc. (600.35) — Approved and authorized the Mayor and City Clerk to execute the Approval and Consent of City of Huntington Beach to Assignment of Sublease Interest from Pacific Restaurant Adventures, Inc. to Culinary Adventures, Inc. owners and operators of Chimayo at the Beach Restaurant in Pier Plaza. Submitted by the Community Services Director. Funding Source: Not Applicable. (City Council) Received and Filed Passport Acceptance Facility Annual Report (100.30) — Received and filed the Passport Acceptance Facility Annual Report — February 1., 2000 - January 31, 2001 as prepared and submitted by the Office of the City Clerk. Submitted by the City Clerk. Funding Source: Not Applicable. (City Council) Approved Appointments to Human Relations Task Force of Heck, Pepping, Fulvio and Chancellor — Replacing Medler, Betancourt, Hughes, Malina (110.20) — Approved appointments to Human Relations Task Force of Anne Heck, Shirley Pepping, Rita Fulvio, and Alan Chancellor with terms to expire January 31, 2005. Submitted by Administration and as Recommended by Council Liaisons Shirley Dettloff and Ralph Bauer. Funding Source: None Required. (Anne Heck to replace Marilyn Medler; Shirley Pepping to replace Lisa Betancourt; Rita Fulvio to replace Carol Hughes; and Alan Chancellor to replace Rose Malina; all effective March 5, 2001.) (City Council) Approved Funds for Temporary Facilities for Women Lifeguards at Moorhouse Beach Lifeguard Headquarters (320.45) — Authorized the Director of Administrative Services to appropriate $32,950 into Beach Maintenance Contractual Account to provide temporary shower facilities for women lifeguards at Moorhouse Lifeguard Headquarters for the remainder of this fiscal year. Submitted by the Community Services Director. Funding Source: General Fund Unappropriated Fund Balance. (City Council) Accepted and Awarded Bid for the Huntington Harbour Sewer Lining Project, CC-1161 — Approve Contract with Insituform Technologies, Inc. (600.60) — 1. Accepted the lowest responsive/responsible bid submitted by Insituform Technologies, Inc. for the Huntington Harbour Project, CC-1161; and 2. Authorized the Mayor and City Clerk to execute the Construction Contract in the amount of $1,804957.40; and 3. Authorized the Director of Public Works to expend a total of $1,900,400 to cover the contract amount of $1,804,957.40 and an estimated construction contingency and supplemental expenditures of (19) March 5, 2001 Council/Agency Minutes - Page 19 $95,442.60, Submitted by the Public Works Director. Funding Source: Environmental Protection Agency (EPA) grant ($950,000), Orange County Sanitation District (OCSD) grant ($950,000) awarded for a total project budget of $1,900,400. EPA/OCSD Grant, Huntington Harbour Slipline Account. (City Council) Approved Cooperative Agreement C-0-1206 with Orange County Transportation Authority (OCTA) for Bus Purchases — (Senior Transportation Services) (600.25) —1. Approved and authorized Mayor and City Clerk to execute the Cooperative Agreement C-0-1206 between the OCTA and City of Huntington Beach for bus purchases to provide senior transportation services; and 2. Authorized the Director of Administrative Services to appropriate $198,500 from the General Fund Unappropriated Undesignated Fund balance into Senior Outreach/Other Vehicles Account. Submitted by the Community Services Director. Funding Source: $198,500 from the General Fund Unappropriated Undesignated Fund balance to be reimbursed with federal funds from the Federal Transit Administration; 20% cash match ($39,700) from Air Quality Management District (AQMD) funds. (City Council/Redevelopment Agency) Approved Three Year Economic Advisor Consultant Agreements with (1) Keyser Marston and Associates, (2) the Sedway Group and (3) the Rosenow, Spevacek Group (600.30) — City Council Recommended Action: Approved and authorized the Mayor and City Clerk to execute the contract between the City of Huntington Beach and Keyser Marston and Associates (Attachment 1) for an amount not to exceed $75,000 per year — Professional Services Contract between the City of Huntington Beach and Keyser Marston Associates, Inc. for Economic Advisor Services and Redevelopment Agency Recommended Action: Approved and authorized the Chairman and the Agency Clerk to execute each of the two attached contracts between the Redevelopment Agency and the following firms: the Sedway Group (Attachment 2 - Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and Sedway Group for Economic Advisor Services) and the Rosenow, Spevacek Group (Attachment 3 - Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and Rosenow Spevacek Group, Inc. for Economic Advisor Services) for an amount not to exceed $75,000 per year. Submitted by the Economic Development Director. Funding Source: The $225,000 is budgeted in Economic Development Department, Administrative Economic Analysis Account. (City Council) Approved Agreement with the West Orange County Water Board for Contract Management Services (600.85) — Approved and authorized the Mayor and City Clerk to execute the Agreement by and Between the City of Huntington Beach and West Orange County Water Board for Contract Management Services. Submitted by the Public Works Director. Funding Source: Not Applicable (Member cities are Huntington Beach, Garden Grove, Westminster and Seal Beach.) (City Council) Approved Appropriation of Funds for the Purchase of Energy Efficient Light Emitting Diodes (LED) Modules for Traffic Signals to be Reimbursed Through Southern California Edison Co. (320.45) — Appropriated $509,000 from the Gas Tax Fund to a new business unit for the purchase of LEDs for traffic signals. Submitted by the Public Works Director. Funding Source: $509,000 from Gas Tax Unappropriated Fund balance, and $120,000 is budgeted in Measure "M" Fund (Traffic Signal Improvements) for a total cost of $629,000. (City Council) Accepted the Water Meter Box Replacement Project WSC-015 and to File a Notice of Completion — J.A. Salazar Construction (600.75) — Accepted the Water Meter Box Replacement Project WSC-015 at a final cost of $26,670.31, and authorize the City Clerk to file (20) March 5, 2001 Council/Agency Minutes - Page 20 a Notice of.Completion with the County Recorder's Office. Submitted by the Public Works Director. Funding Source: Water Fund Budgeted Acct. - $26,670.31. (City.Council) Approved Final Tract Map No. 16180 of Tentative Tract Map No. 15603 with Bonds and Agreements ("The Tides") — e/o Goldenwest Street, n/o Summit Drive — Approved Subdivision Agreement between the City and Shea -Vickers Development, LLC (420.60) Councilmember Boardman requested that this agenda item be removed from the Consent Calendar for separate discussion in order to obtain clarification on parkland dedication credits. Planning Director Zelefsky responded that as in the case of the Holly Seacliff Agreement parkland dedication, for example, there is a cumulative number of acres of future linear park credits available due to the developer not reaching build out status. A motion was made by Dettloff, second Bauer to 1. Approve Final Tract Map No. 16180 and accept the offer of dedication, improvement, and bonds; and 2. Approve the Subdivision Agreement by and between the City of Huntington Beach and Shea -Vickers Development, LLC for Tract No. 16180 and authorize 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. 16180 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15603 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. 00-255-268; b. Labor and Material Bond No. 00-255-268; c. Monument Bond No. 00-255-267 (American Home Assurance Company — National Union Fire Insurance Company). 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); e. Payment of Park and Recreation In -Lieu Fees. The motion carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: None (Green, Garofalo out of room) (City Council) Approved Second Amendment to Contract with URS Greiner Woodward Clyde for Engineering Studies Related to Urban Runoff/Coastal Remediation (600.10) Councilmember Boardman requested that this agenda item be removed from the Consent Calendar for an explanation of the funds in the amount of $59,610 budgeted in the General Fund. Staff reported that the amount stipulated represents money authorized in an emergency situation for previous work done primarily by a subconsultant for URS Greiner, which was beyond the scope of services. (21) March 5, 2001 Council/Agency Minutes - Page 21 Councilmember Boardman ascertained that in essence, Moffatt & Nichol performed work -.prior to the completion. of contract negotiations, as reiterated by City Administrator Silver. A motion was made by Boardman, second Green to approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to the Professional Services Contract between the City of Huntington Beach and URS Greiner Woodward Clyde International -Americas, Inc. for Engineering Services in Support of Identifying and Eliminating Bacteria in Urban Runoff Discharges to Huntington Beach. 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) Approved State Park Bond Act of 2000 Joint Funding Agreement with the Huntington Beach Union High School District for Construction of Huntington Beach High School Pool — Approve Amendment No. 1 to Existing Joint Use Agreement for Future Swimming Pools at Ocean View High and Huntington Beach High Schools (600.10) The City Council considered a communication from the Community Services Director requesting approval of an agreement with the Huntington Beach Union High School District for funding the Huntington Beach High School Pool through Park Acquisition & Development Funds with reimbursement from the State Park Bond Act in order to implement the previously approved Joint Use Agreement between the City and the Huntington Beach Union High School District. Deputy Community Services Director Jim Engle presented the PowerPoint slide report that had . been announced earlier by the City Clerk as a Late Communication. The presentation is titled Huntington Beach High School Pool. Deputy Director Engle announced that the Late Communication contains the following two corrections: 1) a correction to Recommendation No. 1 deleting Ocean View High School relative to the Joint Funding Agreement; and 2) a replacement of the entire text of Recommendation No. 4 (shown on the staff report) with Recommendation No. 4 reflected in the motion to follow herein, relative to Amendment No. 1 to the existing Joint Use Agreement. City Attorney Gail Hutton contributed an additional amendment requesting legal review by her office to insure that the loan of the funds by -the city to the school district is legal. A motion was made to Bauer, second Garofalo to 1. Approve, (as amended deleting Ocean View High School), the Joint Funding Agreement between the Huntington Beach Union High School District and the City of Huntington Beach for the Future Swimming Pool at Huntington Beach High School and authorize the Mayor and City Clerk to execute same; authorizing an appropriation from the Park Acquisition & Development Fund of $618,912 for the city's share, and an advancement of up to $172,053 to be repaid by the District with interest; and 2. Authorize the submittal of the Huntington Beach High School Pool project to the State Parks and Recreation Granting Office for reimbursement to the Park Acquisition & Development Fund from the State Park Bond Act of 2000; and 3. Authorize the Director of Administrative Services to appropriate $790,972 from the unappropriated, undesignated fund balance of the Park Acquisition & Development Fund into Contractual Services Account for the construction of the Huntington Beach High School Pool; and 4. Approve, as amended, Amendment No. 1 to the Joint Use Agreement between the Huntington Beach Union High School District and the (22) March 5, 2001 Council/Agency Minutes - Page 22 City of Huntington Beach for the Future Swimming Pools at Ocean View High School and Huntington Beach High School, amending the initial term start date to notice of completion rather than execution date of contract, and amending the maintenance section to indicate payment on quarterly basis, not yearly. (Per PowerPoint presentation titled Huntington Beach High School Pool Statement of Issue announced as a Late Communication by the City Clerk); and 5. Approve, as amended, to add the above is subject to the review and approval by the City Attorney's Office on the loan of money by the City to the School District. The motion carried by the following roll call vote: . AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (Redevelopment Agency) Accepted Option to Enter Into a Ground Lease and Option to Purchase with the Ronald A. Mase and Ann L. Mase Revocable Living Trusts and CIM/Huntington, Inc. and Approved Second Implementation Agreement Between CIM Group, LLC and Redevelopment Agency (Parcel Located in the Blocks 104/105 Redevelopment Area Bounded Main Street, Walnut Avenue, Pacific Coast Highway and Sixth Street) (600.30) The Redevelopment Agency considered a communication from the Economic Development Director transmitting that the Redevelopment Agency is party to a Disposition and Development Agreement (DDA) with CIM/Huntington, Inc., for the redevelopment of Blocks 104/105. The DDA anticipates the completion of site assembly by CIM/Huntington, Inc. and/or the Redevelopment Agency. A long-term ground lease option is proposed as the method of securing one of the private ownership's interests in.the site. This is the second.ground lease to be accepted as part of this project. A Second Implementation Agreement to the DDA is also needed to permit the Agency the right to exercise the Option and enter into the ground lease. The Implementation agreement also amends the Schedule of Performance and accepts CALPERS as CIM's equity partner in the project. Economic Development Director Biggs presented a PowerPoint slide report that had been announced earlier as a Late Communication by the Agency Clerk. The communication is dated March 5, 2001 and is a corrected version of the Summary of Terms and sections of the Disposition and Development Agreement with CIM modified by the proposed Second Implementation Agreement. The slide show presentation is titled Block 1041104 — CIM 2nd Implementation Agreement. Director Biggs announced that Murray Kane, the Redevelopment Agency Special Counsel is also available to answer questions. Considerable discussion was held regarding why the Agency is moving forward with the purchase of this particular parcel without acquiring property from the other private owners on Blocks 104/105. Director Biggs determined that the scope of development to include additional parcels will require separate presentation to the Redevelopment Agency. Agency Member Garofalo inquired about the Downtown Parking Master Plan, to which Planning Director Howard Zelefsky responded that it has been submitted to the Coastal Commission but staff has not received a return date. (23) March 5, 2001 Council/Agency Minutes - Page 23 (Redevelopment Agency) Statement Made by Agency Member Garofalo Pursuant to the Political Reform Act Re: Participation in Discussions and Approval of Agency Items Relative to CIM Group, LLC (600.30) Redevelopment Agency General Counsel Hutton requested a statement from Agency Member Garofalo regarding his participation in this discussion pursuant to the Political Reform Act. Agency Member Garofalo announced for the record, that over a year has elapsed since his publishing company, Dave P. Garofalo & Associates has received and cashed a check from CIM Group, LLC, allowing for his participation in the continued discussion of this item. Returning to the discussion at hand, Agency Member Boardman restated her inquiry as to why the Agency is moving forward with leasing part of the property if others are not to be acquired. Director Biggs responded that this action is a catalyst that sets the stage for others to participate in the redevelopment process of Main Street frontage. Further discussion involved questions relative to eminent domain. Agency Member Boardman requested clarification of the section of the staff report, pages F-2.87 and F-2.88 regarding the Ground Lease Summary, expressing concern as to what language is being replaced. Further discussion ensued relative to the 99-year lease agreement. Director Biggs referred to his Late Communication Inter -Office Memorandum relative to the sections of the Disposition and Development Agreement that have been modified. He agreed to accommodate Agency Member Boardman's request to provide information on language being. replaced, offering to include in future staff reports, a copy of the existing agreement in its entirety for comparison with the modified version. Agency Member Boardman suggested that perhaps future staff reports need only include a reference table or chart that clearly delineates square footage, term of the lease, i. e., relevant information being revised, in order to compare and contrast existing and modified versions of agreements. Redevelopment Agency Special Counsel Kane assured Agency Member Boardman that the Agency is fully indemnified through the CIM Group, LLC and CALPERS relationship. Mr. Kane stated that the Second Implementation Agreement provides for an Irrevocable Guarantee to the Agency, comparing it to a Letter of Credit. Executive Director Ray Silver requested that the Agency provide to Agency Member Boardman a copy of the document that outlines the Irrevocable Guarantee that is being made by the developer. Agency Vice Chair Cook inquired about the differences between the prior Agreement and the subject Implementation Agreement. Mr. Kane responded that previously, the owners' and the Agency's obligations had not been clearly delineated. A motion was made by Dettloff, second Green to 1. Accept the Option Agreement to enter into a Ground Lease & Options to Purchase with Ronald A. Mase Revocable Living Trust dated February 10, 1995 and Ann. L. Mase, Trustee for the Ann L. Mase Revocable Living Trust dated February 3, 1993 and CIM/Huntington, Inc. (Attachment No. 3) — Option to Enter Ground Lease, Acquire Improvements and Escrow Instructions (CIM — Mase) and 2. Approve the Ground Lease and Option to Purchase Fee and Authorize the Agency Chairperson and Agency Clerk to (24) March 5, 2001 Council/Agency Minutes - Page 24 execute the. Ground Lease and to record the Memorandum of Lease upon the future exercise of the Ground Lease Option by all the parties, as set forth in the Second Implementation Agreement (Attachment No. 4) — Ground Lease and Option to Purchase Fee by and between Ronald A. Mase, Trustee for the Ronald A. Mase Revocable Living Trust Dated February 10, 1995 and Ann L. Mase, Trustee for the Ann L. Mase Revocable Living Trust Dated February 3, 1993 (collectively, "Landlord') and CIM/Huntington, Inc. and Redevelopment Agency of the City of Huntington Beach (collectively, "Tenant') and 3. Approve the Second Implementation Agreement by and between the Redevelopment Agency and CIM Group, LLC; and Authorize the Agency Chairman and Agency Clerk to execute the agreement (Attachment No. 1) — Second Implementation Agreement by and between Redevelopment Agency of the City of Huntington Beach, Agency, and CIM Group, LLC, Developer. The motion carried by the following roll call vote: AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer NOES: Boardman, Cook ABSENT: None (City Council) Approved Formation of Ad Hoc City Council Committee on Animal Care Services and Approved Appointments of Mayor Pam Julien Houchen, Mayor Pro Tern Debbie Cook and Councilmember Connie Boardman — Approved Council Committee to Provide In House Recommendation in Lieu of Extending Contract with Meyer & Allen Associates, Inc. for a Feasibility Study (120.25) (600.10) The City Council considered a communication from Mayor Pam Julien Houchen regarding the following: Statement of Issue: In October 2000, the City Council directed staff to prepare a pro -humane animal care service feasibility study. The study is now complete, and because it was a feasibility study, I propose that the City Council establish an ad -hoc committee to recommend an animal care service strategy. I believe careful consideration of this issue is warranted given the uncertainty surrounding the county animal care system and the fact that several north county cities are considering withdrawing from the county system. would also propose that the committee consist of Mayor Pro Tern Cook, City Councilmember Boardman, and myself. The committee should provide a recommendation to the City Council'by June 30, 2001. City Staff has informed me that an extension of the contract with the firm hired to prepare the feasibility study will allow the committee to draw upon the consultant's expertise while it evaluates this issue. Staff estimates that up to 50 hours of the consultant's time may be required to assist the committee. Based on -this input, I recommend the City Council appropriate $6,250 for a contract extension with Meyer & Allen Associates, Inc. Councilmember Bauer informed Council that he will be opposing a motion to approve, for cost reasons. Senior Department Analyst Peter Grant responded on the cost to the city and the anticipated amount of revenue the animal facility, when and if the city acquires it, will generate through the issuance of license permits. Considerable discussion followed debating the merits of investing additional funds towards the feasibility study. Councilmember Garofalo expressed his intent to vote for the motion, stipulating that he will not be voting for the pro -humane center, but to approve the study. (25) March 5, 2001 Council/Agency Minutes - Page 25 Councilmember Dettloff voiced her approval of the formation of the ad -hoc committee. Councilmember Dettloff suggested an amendment to the motion, stating that the Council.. committee can report back with an in-house recommendation, in lieu of approving an extension of the contract with Meyer & Allen Associates, Inc. A motion was made by Julien Houchen, second Boardman to 1. Create an Ad -hoc City Council Committee to make recommendations to the City Council regarding animal care services by June 30, 2001; and 2. Appoint Mayor Pam Julien Houchen, Mayor Pro Tern Debbie Cook, and City Councilmember Connie Boardman to the committee. 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 Proposed Acquisition of the Bolsa Chica Mesa — Approved Plan to Hold a Series of Meetings between Council Delegates (Mayor Pam Julien Houchen and Mayor Pro Tem Debbie Cook) and Lobbyists Re: Initiation of Negotiations with Land Owner (Lucy Dunn) to Purchase the Bolsa Chica Mesa and to Work Through Intergovernmental Relations Committee to Secure Local/Federal/State Funding (440.60) The City Council considered a communication from Mayor Pam Julien Houchen submitting the following Statement of Issue: The City Council has been asked to support efforts to find funding to acquire the mesa area of the Bolsa Chica. In a previous action of Council, dated May 5, 1997, the Council unanimously approved the following motion: (1) "The Huntington Beach City Council applauds the acquisition of all of the Bolsa Chica Wetlands for the benefit of future generations. (2) The City Council wishes to offer its congratulations to all of those who were responsible for bringing the wetland acquisition to a successful close. (3) The City Council also recognizes the ecological importance of the area known as the Bolsa Chica Mesa which is important to the Bolsa Chica Wetlands. (4) Should the current owners of the Bolsa Chica Mesa agree, the Huntington Beach City Council supports preservation of the Bolsa Chica Mesa through -acquisition by direct purchase or land exchange. It is acknowledged that city funds are not available for such a purchase." (End of May 5, 1997 Motion) Mayor Julien Houchen continued her agenda item to state that "We also recognize the importance of the Bolsa Chica Mesa as an educational resource for millions of visitors, particularly children, who could continue to learn about its ecosystem. Additionally, Assemblyman Tom Harman is introducing legislation requesting an appropriation of $25 million to help acquire the Bolsa Chica Mesa." Following the preceding introduction of the agenda item, Mayor Julien Houchen announced during the meeting that she has had several conversations with the landowner of the Bolsa Chica Mesa, Ms. Lucy Dunn, who is willing to taken part in the negotiations. Mayor Julien Houchen stated that Ms. Dunn would like to start with a "clean slate," and put the past behind. (26) March 5, 2001 Council/Agency Minutes - Page 26 Mayor Julien Houchen informed Council Ms. Dunn also had several ideas for funding, including additional State Proposition 12 funds. The Mayor stressed that it is important to keep fair.. market value in mind with the landowner, and not to take eminent domain action. Councilmember Dettloff voiced the following questions: 1. If the city enters into negotiations, who will the willing property owner meet with - the City Administrator or a Council Committee? 2. What would be the goal of the first meeting? 3. How will the landowner's lawsuit impact any decision the landowner might be able to make? 4. Councilmember Dettloff would like to see all citizens' groups participate and sit down with the Intergovernmental Affairs Committee and discuss their concerns. Mayor Julien Houchen responded that the city's position will be determined and deal points will be made. Councilmember Bauer expressed concern that a motion was made on May 5, 1997 to move ahead with the planned acquisition, but that none of the environmental groups have come forward with a proposal. Councilmember Bauer spoke regarding Proposition 12, both "per capita" funds as well as competitive grants. Councilmember Bauer stated that it is his understanding that these funds are not available to purchase land outside the city limits; the land in question lies within county jurisdiction and furthermore no discussion has been held with County Supervisor Jim Silva. Councilmember Bauer spoke regarding a communication from the City Administrator requesting a moratorium on new projects, and stated that this is a major, new activity. Councilmember Bauer enumerated the following concerns: 1. The land is referred to as "the Mesa," but defining the land is an issue. 2. Who will be doing the appraisal? 3. Why spend a lot of time if there is no indication of a willing seller — a commitment from the seller? 4. What about a linear park; it has never been mentioned. 5. It would be a courtesy to talk to Jim Silva. The land is under encumberance by virtue of a lawsuit. 6. There is no money is available. "Per capita" money is committed to other projects. 7. Another issue is annexation. It can be potentially profitable for the city and Proposition 12 funds can then be considered. Councilmember Bauer asked consideration of three other items, situations which he stated are not directly connected and which is listed as No. 12 on his own agenda item (to follow): To solve a severe local flood control problem and to clean up the waters of Huntington Harbour, the City requests that organizations requesting land acquisition support from the City should also support 100% diversion of the Wintersburg Channel into the restored Bolsa Chica Wetlands. Homeowners adjacent to the Bolsa Chica and the thousands of adults and children -who use Huntington Harbour beaches will benefit from diversion of this urban run- off. (27) March 5, 2001 Council/Agency Minutes - Page 27 2. Organizations requesting support of the City in land acquisition will do nothing to jeopardize the funding from Los Angeles and Long Beach Harbor for Bolsa Chica Wetlands restoration. 3. Organizations requesting support of the City in land acquisition will support the land use plan of the Linear Park as approved by the County, including modifications in response to legal action. Councilmember Boardman thanked the Mayor for her agenda item, mentioning that 19 out of the 20 candidates for City Council at the last election support the acquisition; that all three elected candidates support it, and that now is the time to act. Councilmember Boardman named several sources of funding available, including the Coastal Conservancy, the Department of Fish and Game, Proposition 12, and Land and Water Conservancy. Councilmember Boardman cautioned against interfering with the present Bolsa Chica Mesa restoration plan, due to the possibility of the need for clean-up of any contamination found. Councilmember Boardman stated that the lawsuit is moot if the city has a willing seller. Referring to Councilmember Bauer's agenda item (to follow), Councilmember Boardman addressed several of the numbered items, stating that: 1. Numbers seven and eight are already taken care of; 2. Number nine may be incorrect in that Proposition 12 money is available; and 3. Number twelve is out of the city's control. Councilmember Boardman informed Council that she will support the Mayor's recommended action. Councilmember Green stated that Councilmember Bauer's points are well taken, and that he believes the present motion is unnecessary. Councilmember Green advised that the city should acquire the entire'Bolsa Chica Mesa and per Dr. Vandersloot's statement expressed during public comments, that the appraisal should be done by an independent appraiser. Councilmember Green spoke further regarding funding, stating that matching funds from the community should be secured. Councilmember Green stated that he cannot vote in favor of the acquisition; that due to overburdened staff, an estimate for staff time is needed as well as answers to the questions raised by Councilmember Bauer. Mayor Pro Tern Cook informed Council that she had had conversations with Supervisor Silva who indicated he is going to speak to Ms. Lucy Dunn as a willing seller. Mayor Pro Tern Cook stated that the Linear Park is not an issue, since the Mesa is almost all cliff -face and it is not expected that anyone will ask for a zoning change in order to build there. Mayor Pro Tern Cook advised that the best time to buy is when a property is in litigation. City Attorney Gail Hutton responded to Council inquiries on whether a municipal corporation can use Proposition 12 funds to acquire property outside its jurisdiction. Ms. Hutton named some (28) March 5, 2001 Council/Agency Minutes - Page 28 instances when certain acquisitions can be made; a few situations when the city can purchase extra -territorially. City Attorney Hutton advised that a resolution should be crafted that states for the record that Council is in favor of the acquisition. Considerable discussion followed in consideration of achieving a plan for acquisition that should include obtaining a written instrument from the landowner as a willing seller first, followed by calling for the support of the Orange County Caucus to put the initiative on the ballot. City Attorney Hutton pointed out that the lawsuit can be withdrawn by the landowner. Councilmember Garofalo stated the position that the proposed acquisition is not a priority for citizens of Huntington Beach in comparison to infrastructure issues such as sewer sanitation fees and the fixing of potholes. Councilmember Boardman stated that Council is not looking to use eminent domain and that "the Bolsa Chica Mesa is not just a city resource but a national treasury that has tremendous educational potential." Councilmember Boardman gave her support of the proposed acquisition. City Attorney Hutton mentioned eminent domain in terms of its advantages for the landowner. Councilmember Bauer reiterated that the Council has taken a position to acquire, and that no one has identified any potential sources of income. Councilmember Bauer spoke regarding environmentalists being pitted against youth sports complex proponents. Councilmember Bauer informed Council that he would be withdrawing recommended condition No. 12 of his agenda item to which Councilmember Boardman alluded earlier, conceding that it is peripheral to the issue. Councilmember Dettloff made an amendment to Mayor Julien Houchen's recommended action listing stipulations involving a series of meetings that were added to the main motion (to follow). Mayor Julien Houchen concurred with Councilmember Dettloff's amendment, highlighting that the main gist of the motion includes a casual dinner meeting with the landowner if that is Council's pleasure. Councilmember Garofalo also stated his concurrence with Councilmember Dettloff's amendment to the main motion, contributing the following amendment: Councilmember Garofalo stated that since feedback from lobbyists has not been worked out at any level, there is a need to empower the delegates going to Washington — Mayor Julien Houchen and Mayor Pro Tem Cook — and have them explore with consultants to obtain their evaluation on whether to move forward and initiate discussion with the landowner. Councilmember Boardman stated reasons clarifying any misconception that environmentalists are competing with youth sports facility funding. Councilmember Boardman refuted what she views as a misstatement that "environmentalists are anti -kids." Further discussion ensued, with Councilmember Green again stating that the main motion is unnecessary since support of the Intergovernmental Relations Committee to initiate negotiations had been approved by Council on May 5, 1997. (29) March 5, 2001 Council/Agency Minutes -Page 29 Councilmember Bauer supported Councilmember Green's position that the Intergovernmental Relations Committee can report back to the full Council. Mayor Julien Houchen accepted Councilmember Garofalo's amendment, which Councilmember Garofalo subsequently withdrew. Councilmember Dettloff was asked to restate her amendment, to define what is being proposed. A motion was made by Julien Houchen, second Dettloff to 1. Approve that the city start negotiations with the landowner to purchase the Bolsa Chica Mesa and at the same time direct staff, through the Intergovernmental Relations Committee, to work on identifying and securing funding at the Federal, State, and local level for the acquisition of this property; and 2. Approve as amended to add the following: to set up a series of meetings, starting with either a conference call or meeting in person with representatives/ lobbyists at both federal, state, and local levels to examine potential sources of funding and get their advice on how to proceed. The second meeting would be with Intergovernmental Relations Committee to meet with environmental groups and all interested parties to see how they feel about the acquisition and what their goals are for the Bolsa Chica Mesa. At anytime the Mayor wishes to continue, if there is a willing seller, meet with the seller to get input and report back to Council with inputs from landowner. The next step would be to contact Senator Barbara Boxer to be able to get the ability for having an appraisal done. Finally, if all steps were taken, Council would have a good definition and know of any obstacles present. The motion carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Dettloff NOES: Green, Garofalo, Bauer ABSENT: None (City Council) Motion Failed to Approve Councilmember Ralph Bauer's Agenda Item for City to Lend Support to Private Organization Working Towards Bolsa Chica Land Acquisition Process — Approved Separate Consideration of Councilmember Bauer's Twelve Recommended Conditions in the Main Motion (See Following Agenda Items) (440.60) The City Council considered a communication from Councilmember Ralph Bauer submitting the following Statement of Issue: City support to private organizations for land acquisition in the Bolsa Chica should be subject to some conditions. Councilmember Bauer further stated that "In exchange for the prestige being lent by and the manpower costs being incurred by the City, I move that the following conditions be included:" (The motion to follow.) A motion was made by Bauer, second Green to approve the following conditions: 1. The land proposed to be acquired should be described; and 2. Organizations spearheading land acquisition should obtain appraisals satisfactory to any agency funding the acquisition; and 3. Efforts should be made to encourage landowners to become willing sellers. It would be unwise to expend substantial city resources to identify adequate funding only to find the landowner will not sell; and 4. Any proposal that results in acquisition of the "mesa" must also include acquisition of 54 acres of the Linear Park, since the 54 acres of the Linear Park will only be donated if houses are built on the mesa; and 5. The land proposed to be acquired lies mostly in the County. It would not be proper for the City to embark on a campaign for land acquisition without County involvement. Organizations spearheading the acquisition of land should approach the County as they have the City and ask for a motion of support; and 6. Currently (30) March 5, 2001 Council/Agency Minutes -Page 30 there is a lawsuit pending on a "takings" issue. The City should do nothing that could result in the City becoming a co-defendant in this lawsuit. It should also be noted that this lawsuit -will take a number of years to be resolved. It is thus unlikely that acquisition of the land involved in the lawsuit can be acquired until legal challenges have been eliminated. Any acquiring agency will want clear title to land. No title company will guarantee title in the face of a pending lawsuit; and 7. Ultimately, the City staff must develop a work plan to accommodate the acquisition program. This work plan should be developed in conjunction with the Intergovernmental Affairs Committee and approved by the Council. The plan should include a mechanism for the role of the city lobbyists in Sacramento and Washington. The work plan should also accommodate the desires of the many organizations that support the Bolsa Chica. It should be noted that the City Administrator has requested that the Council impose at least a six-month moratorium on new projects because of the large number of projects already imposed by the Council; and 8. Interaction with the City on land acquisition in the Bolsa Chica should take place primarily through the Intergovernmental Relations Committee, not directly with the staff or lobbyists in Sacramento and Washington; and 9. In this era of tight budgets, it must be recognized that there is no city money easily available for land acquisition. It should also be noted that Proposition 12 money for the City has been fully allocated including the competitive grant portion of Proposition 12. Proposition 12 money is not available for land outside the City limits; and 10. Any land to be acquired must be free of contamination and leasehold interests or a funding mechanism must be in place to cure these encumbrances; and 11. The City is free to pursue annexation of the Bolsa Chica should the appropriate majority of the Council so direct. A previous study has shown that the City will benefit financially and receive improved fire protection and water storage capacity if annexation occurs; and 12. Although they are not directly a part of the land acquisition program, there are three other conditions that the City should require: (a) To solve a severe local flood control problem and to clean up the waters of Huntington Harbour, the City requests that organizations requesting land acquisition support from the City should also support 100% diversion of the Wintersburg Channel into the restored Bolsa Chica Wetlands. Homeowners adjacent to the Bolsa Chica and the thousands of adults and children who use Huntington Harbour beaches will benefit from diversion of this urban run- off; and (b) Organizations requesting support of the City in land acquisition will do nothing to jeopardize the funding from Los Angeles and Long Beach Harbor for Bolsa Chica Wetlands restoration; and c) Organizations requesting support of the City in land acquisition will support the land use plan of the Linear Park as approved by the County, including modifications in response to legal action. The motion failed by the following roll call vote: AYES: Green, Garofalo, Bauer NOES: Boardman, Cook, Julien Houchen, Dettloff ABSENT: None Note: This item arises later in the meeting (to follow). Councilmember Dettloff made a motion to consider a separate vote on each of the twelve recommended conditions as appropriate, stating that they would be important to the restoration, as well as the acquisition process. Councilmember Dettloff suggested that straw votes be taken. Councilmember Boardman questioned if Council can go back and vote on an item after it rejected the motion. (31) March 5, 2001 Council/Agency Minutes - Page 31 After City Attorney Hutton deemed it appropriate, Council concurred to either vote or taken no action on each of the 12 recommended conditions enumerated in Councilmember Bauer's agenda item. (City Council) Approved Recommended Condition No. 1 of 12 of Councilmember Ralph Bauer's Agenda Item on the Bolsa Chica Mesa Acquisition Process that the Land Proposed to be Acquired Should be Described (440.60) A motion was made by Dettloff, second Julien Houchen to approve the first recommended condition of Councilmember Bauer's agenda item to be included in the Bolsa Chica Mesa acquisition process: The land proposed to be acquired should be described. 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 As Amended - Recommended Condition No. 2 of 12 of Councilmember Ralph Bauer's Agenda Item: Appraisal of the Bolsa Chica Mesa Property Will not be at the City's Expense (440.60) The City Council considered the second recommended condition of Councilmember Bauer's agenda item for approval to be included in the Bolsa Chica Mesa acquisition process: Organizations spearheading land acquisition should obtain appraisals satisfactory to any agency funding the acquisition. . Asked to define his motion, Councilmember Bauer elaborated that negotiations should not start out with pre -conceived notions. Councilmember Dettloff moved to amend the motion by replacing it with suggested language to the effect that the appraisal of the property be done as part of the acquisition process and not at city expense. Councilmember Boardman requested modification of Councilmember- Dettloff amendment to the main motion that an appraisal should be done but not at city's expense. Councilmember Dettloff concurred. A motion was made by Dettloff, second Garofalo to approve as amended, that an appraisal must be done but not at city expense. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) No Action Taken (Approved in Preceding Agenda Item Submitted by Mayor Julien Houchen) — Recommended Condition No. 3 of 12 of Councilmember Ralph Bauer's Agenda Item to Encourage Landowners to Become Willing Sellers of the Bolsa Mesa Chica Mesa (440.60) The City Council considered the third recommended condition of Councilmember Bauer's agenda item for approval to be included in the Bolsa Chica Mesa acquisition process: Efforts (32) March 5, 2001 Council/Agency Minutes -Page 32 should be made to encourage landowners to become willing sellers. It would be unwise to expend substantial city resources to identify adequate funding only to find the landowner will not sell. The Council did not take action, as this recommended condition was approved in Mayor Julien Houchen's preceding agenda item. (City Council) Approved As Amended — Recommended Condition No. 4 of 12 of Councilmember Ralph Bauer's Agenda Item that Proposal Resulting in Acquisition of the Bolsa Chica Mesa Should Include 54 Acres of Linear Park (440.60) The City Council considered the fourth recommended condition of Councilmember Bauer's agenda item for approval to be included in the Bolsa Chica Mesa acquisition process that: Any proposal that results in acquisition of the "mesa" must also include acquisition of 54 acres of the Linear Park, since the 54 acres of the Linear Park will only be donated if houses are built on the mesa. Councilmember Boardman stated opposition to the word, "must" in the preceding motion, and recommended that it be replaced with "should." Councilmember Boardman cautioned that in the event of an incredible contamination problem Council will be tied into taking drastic mitigation measures. Discussion was held to strike out the word "must" and replace it with "should." Councilmember Garofalo rebutted Councilmember Boardman's amendment, stating that the city would lose valuable acreage. Councilmember Dettloff concurred with Councilmember Garofalo. Council concurred to vote on the word "must" first. A motion was made by Garofalo, second Dettloff to approve that: Any proposal that results in acquisition of the "mesa" must also include acquisition of 54 acres of the Linear Park, since the 54 acres of the Linear Park will only be donated if houses are built on the mesa. The motion failed by the following roll call vote: AYES: Garofalo, Dettloff, Bauer NOES: Boardman, Cook, Julien Houchen ABSENT: None (Green out of room) Council voted on the motion as amended, with the word "should" replacing "must." A motion was made by Dettloff, second Cook that: Any proposal that results in acquisition of the "mesa" should also include acquisition of 54 acres of the Linear Park, since the 54 acres of the Linear Park will only be donated if houses are built on the mesa. 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) (33) March 5, 2001 Council/Agency Minutes - Page 33 (City Council) Approved Recommended Condition No. 5 of 12 of Councilmember Ralph Bauer's Agenda Item to Include County Involvement in Campaign for Acquisition of the Bolsa Chica Mesa (440.60) The City Council considered the fifth recommended condition of Councilmember Bauer's agenda item for approval to be included in the Bolsa Chica Mesa acquisition process. A motion was made by Dettloff, second Garofalo to approve the following: The land proposed to be acquired lies mostly in the County. It would not be proper for the City to embark on a campaign for land acquisition without County involvement. Organizations spearheading the acquisition of land should approach the County as they have the City and ask for a motion of support. 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 Recommended Condition No. 6 of 12 of Councilmember Ralph Bauer's Agenda Item on the Bolsa Chica Mesa Acquisition Process Relative to Participation in Pending Litigation Re: the "Takings" Issue (440.60) The City Council considered the sixth recommended condition of Councilmember Bauer's agenda item for approval to be included in the Bolsa Chica Mesa acquisition process. A motion was made by Dettloff, second Garofalo to approve the following: Currently there is a lawsuit pending on a "takings" issue. The City should do nothing that could result in the City becoming a co-defendant in this lawsuit. It should also be noted that this lawsuit will take a number of years to be resolved. It is thus unlikely that acquisition of the land involved in the lawsuit can be acquired until legal challenges have been eliminated. Any acquiring agency will want clear title to land. No title company will guarantee title in the face of a pending lawsuit. The motion carried by the following roll call vote: AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer NOES: Boardman, Cook ABSENT: None (City Council) Approved Recommended Condition No. 7 of 12 of Councilmember Ralph Bauer's Agenda Item to Develop a Work Plan for the Bolsa Chica Mesa Acquisition Process (Refer to Preceding Agenda Item Submitted by Mayor Julien Houchen) (440.60) The City Council considered the seventh recommended condition of Councilmember Bauer's agenda item for approval to be included in the Bolsa Chica Mesa acquisition process. In reference to the moratorium on new projects previously mentioned by Councilmember Bauer, and included in the following motion, City Administrator Silver commented that the city will report back to Council regarding additional staff resources in order to achieve these goals. City Council concurred that the following has already been covered and approved in Mayor Julien Houchen's preceding agenda item. Councilmember Boardman requested that her "no" vote be recorded. (34) March 5, 2001 Council/Agency Minutes -Page 34 A motion was made by Dettloff, second Garofalo to approve the following: Ultimately, the..City staff must develop a work plan to accommodate the acquisition program. This work plan should be developed in conjunction with the Intergovernmental Affairs Committee and approved by the Council. The plan should include a mechanism for the role of the city lobbyists in Sacramento and Washington. The work plan should also accommodate the desires of the many organizations that support the Bolsa Chica. It should be noted that the City Administrator has requested that the Council impose at least a six-month moratorium on new projects because of the large number of projects already imposed by the Council. The motion carried by the following roll call vote: AYES: Green, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: Boardman ABSENT: None (City Council) No Action Taken (Approved in Preceding Agenda Item Submitted by Mayor Julien Houchen) — Recommended Condition No. 8 of 12 of Councilmember Ralph Bauer's Agenda Item Re: the City and the Intergovernmental Relations Committee's Participation in the Bolsa Chica Mesa Acquisition Process (440.60) The City Council considered the eighth recommended condition of Councilmember Bauer's agenda item for approval to be included in the Bolsa Chica Mesa acquisition process: Interaction with the City on land acquisition in the Bolsa Chica should take place primarily through the Intergovernmental Relations Committee, not directly with the staff or lobbyists in Sacramento and Washington. The Council did not take action, as this recommended condition was approved in Mayor Julien Houchen's preceding agenda item. (City Council) Approved as Amended — Recommended Condition No. 9 of 12 of Councilmember Ralph Bauer's Agenda Item on the Bolsa Chica Mesa Acquisition Process to Explore the Availability and Use of Proposition 12 Grants for the Acquisition of Property Outside the City Limits (440.60) The City Council considered the ninth recommended condition of Councilmember Bauer's agenda item for approval to be included in the Bolsa Chica Mesa acquisition process. Considerable discussion was held regarding whether Proposition 12 money is available for the type of project being proposed. A motion was made by Garofalo, second Dettloff, to approve the following: In this era of tight budgets, it must be recognized that there is no city money easily available for land acquisition. It should also be noted that Proposition 12 money for the City has been fully allocated including the competitive grant portion of Proposition 12; therefore, approve the following amendment: that no current project on the Proposition 12 projects list should be sacrificed and the lobbyist will inform city if Proposition 12 grants may be used for projects outside the city. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (35) March 5, 2001 Council/Agency Minutes - Page 35 (City Council) Approved as Amended Recommended Condition No. 10 of 12 of Councilmember Ralph Bauer's Agenda Item on the Bolsa Chica Acquisition Process Relative to Contamination and Leasehold Interests (440.60) The City Council considered the tenth recommended condition of Councilmember Bauer's agenda item for approval to be included in the Bolsa Chica Mesa acquisition process. Discussion was held regarding striking out a portion of the original language in the main motion which stated that: "Any land to be acquired ...". A motion was made by Bauer, second Garofalo to approve as amended: If the city acquires the land it must be free of contamination and leasehold interests or a funding mechanism must be in place to cure these encumbrances. 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 Recommended Condition No. 11 of 12 of Councilmember Ralph Bauer's Agenda Item on the Bolsa Chica Mesa Acquisition Process that the City May Pursue Annexation (440.60) The City Council considered the eleventh recommended condition of Councilmember Bauer's agenda item for approval to be included in the Bolsa Chica Mesa acquisition process. A motion was made by Dettloff, second Green to approve that the City is free to pursue annexation of the Bolsa Chica should the appropriate majority of the Council so direct. A previous study has shown that the City will benefit financially and receive improved fire protection and water storage capacity if annexation occurs. The motion carried by the following roll call vote: AYES: Green, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: Boardman ABSENT: None (City Council) No Action Taken — Recommended Condition No. 12 of 12 of Councilmember Ralph Bauer's Agenda Item on the Bolsa Chica Mesa Acquisition Process Re: (1) Wintersburg Flood Control Channels, (2) Bolsa Chica Wetlands Restoration Project; and (3) Linear Park Issues (440.60) Earlier in the meeting, the City Council discussed the following twelfth recommended condition of Councilmember Bauer's agenda item in connection with Mayor Julien Houchen's related agenda item. Councilmember Bauer subsequently withdrew consideration of these following concerns, which he stated as follows: "Although they are not directly a part of the land acquisition program, there are three other conditions that the City should require: (a) To solve a severe local flood control problem and to clean up the waters of Huntington Harbour, the City requests that organizations requesting land acquisition support from the City should also support 100% diversion of the Wintersburg Channel into the restored Bolsa Chica Wetlands. Homeowners adjacent to the (36) March 5, 2001 Council/Agency Minutes -Page 36 Bolsa Chica and the thousands of adults and children who use Huntington Harbour beaches will benefit from diversion of this urban run-off; and (b) Organizations requesting support of the City in land acquisition will do nothing to jeopardize the funding from Los Angeles and Long Beach Harbor for Bolsa Chica Wetlands restoration; and (c) Organizations requesting support of the. City in land acquisition will support the land use plan of the Linear Park as approved by the County, including modifications in response to legal action. (City Council) Continued to a Future Date — Councilmember Dave Garofalo's Request for a Tourism Master Plan for Huntington Beach (160.10) Due to the lateness of the hour, Councilmember Garofalo withdrew the above -captioned agenda item for consideration at a future date. 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 to Friday, March 16, 2001, at 12:00 p.m., in Rooms C, D & E, Huntington Central Library, B-8, 7111 Talbert Avenue, Huntington Beach, California. ;t City Clerk and ex-officio Cler of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: City ClePrayor-Chairman (37) March 5, 2001 Council/Agency Minutes - Page 37 Appendix A Attachment No. 1 Suggested Findings and Conditions of Approval Negative Declaration No. 00-09/ Conditional Use Permit No. 00-49/ Coastal Development Permit No. 00-15 Findings for Approval - Negative Declaration No. 00-09: The Negative Declaration No. 00-09 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of thirty (30) days. Comments received during the comment period were considered by the Planning Commission prior to action on the Negative Declaration and Conditional Use Permit No. 00-49 and Coastal Development Permit No. 00- 15. 2. The proposed project, method of ammonia generation, and standard conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated through the conditions of approval for Conditional Use Permit No. 00-49 and Coastal Development Permit No. 00-15 will have a significant effect on the environment. Findings for Approval - Conditional Use Permit No. 00-49: Conditional Use Permit No. 00-49 for the establishment, maintenance and operation of the Selective Catalytic Reduction (SCR) system at AES Huntington Beach Power Generating Station will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The SCR system is proposed in order to reduce nitrogen oxide emissions from the power plant as mandated by the South Coast Air Quality Management District. The ammonia necessary for reduction of nitrogen oxide emissions will be generated via a Urea to Ammonia process, which allows ammonia to be generated on an as needed basis. Therefore, the proposed project does not include any transport or storage of ammonia. Based upon the conditions imposed and the proposed project itself, the community will benefit from reduced nitrogen oxide emissions. 2. The conditional use permit will be compatible with surrounding uses because nitrogen oxide emissions from the power generating facility will be reduced, dead and dying landscaping will be replaced, irrigation systems will be made 100% operational, and landscaping along the south and east perimeter will be intensified. This project is also compatible with surrounding uses because installation of the SCR equipment will have a negligible impact (38) March 5, 2001 Council/Agency Minutes - Page 38 on the visual quality of the existing facility. The equipment will be installed within the existing boiler duct work and will not significantly alter the appearance of the existing plant. 3. The proposed Selective Catalytic Reduction at AES Huntington Beach 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. The proposed project complies with all development standards of the General Industrial zoning district. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Public on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Policy LU 2.1.1: Plan and construct public infrastructure and service improvements as demand necessitates to support the land uses specified in the Land Use Plan (as defined in the Circulation and Public Utilities and Services Elements of the General Plan). B. Utilities Element Goal U 5: Maintain and expand service provision (of gas supply, telecommunication, and electricity) to City of Huntington Beach residents and business. Policy U 5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. Policy U 5.1.4: Require the review of new and or expansions of existing industrial and utility facilities to ensure that such facilities will not visually impair the City's coastal corridors and entry nodes. The existing AES power generating facility is necessary to provide power to Huntington Beach residents and business owners in addition to the power services provided for the entire Southern California power grid. The new SCR system will benefit residents, property owners, and the Huntington Beach community by reducing nitrogen oxide emissions from the plant as mandated by the SCAQMD. Installation of the SCR equipment will have a negligible impact on the visual quality of the existing facility because the equipment will be installed within the existing boiler duct work and will not significantly alter the appearance of the existing plant. The SCR system will not impair aesthetic quality of the City's coastal corridors or entry node. Suggested conditions of approval also include requirements for AES to intensify the existing landscaping around the south and east perimeters of the plant. C. Urban Design Element Policy UD 2.2.1: Require landscape and architectural buffers and screens around oil production facilities and other utilities visible from public rights -of -way. (39) March 5, 2001 Council/Agency Minutes -Page 39 Policies - UD 1.4.1: Require the review of new and or expansions of existing industrial and utility facilities to ensure that such facilities will not visually impair the.City's coastal corridors and entry nodes. The SCR system will not impair aesthetic quality of the City's coastal corridors or entry node. Suggested conditions of approval also include requirements for AES to intensify. the existing landscaping around the south and east perimeters of the plant. D. Draft Coastal Element Draft Policy 9a: Approve only that development adjacent to wetlands and environmentally sensitive habitat areas that does not significantly degrade habitat values and which is compatible with the continuance of the habitat. Recognizing the greater than local significance of the City's energy resources, Coastal Element policy allows for the continuation, and in some cases expansion, of these facilities while ensuring the community's public health and safety, environmental protection and minimization of negative aesthetic impacts to the maximum extent feasible. The suggested conditions of approval include requirements for AES to improve the quality of existing landscaping around the southern and eastern property lines while also making the irrigation system 100% operational. The conditions also include language requiring AES to enter into an agreement with the City with a fair share proportionate bond to cover the cost of landscaping and street improvements for Newland Street. Findings for Approval - Coastal Development Permit No. 00-15: Coastal Development Permit No. 00-15 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The project includes conditions to replace dead and dying landscaping, to make irrigation systems 100% operational, and to intensify landscaping along the south and east perimeter of the power plant. The project complies with the Draft Coastal Element, currently under review by the Planning Commission, which states that landscaping should be utilized to buffer the appearance of existing utility operations.. 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 SCR system complies with all aspects of the Coastal Zone overlay and the General Industrial zoning district. 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 necessary for the SCR system is either currently available to AES, the property owner and applicant, or AES will be installing the necessary improvements for the SCR equipment. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The existing AES power generating facility nor the proposed SCR system do not conflict with either public access or public recreation to coastal amenities (40) March 5, 2001 Council/Agency Minutes -Page 40 Conditions Of Approval Conditional Use Permit No. 00-49/Coastal Development Permit No. 00-15 1. The site plan, floor plans, and elevations received and dated September 29, 2000 shall be the conceptually approved layout. 2. Prior to clearing and grubbing, the following shall be completed: a. Existing mature trees that are to be removed must be replaced at a 2-for-1 ratio with a 36-inch box tree or palm equivalent. Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size, and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. b. Any work within the public right-of-way will require encroachment permits and traffic control plans prepared to City standards. 3. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. A City Council Subcommittee, the Design Review Board, and the Planning Department shall review and approve plans for intensified landscaping and/or physical architectural improvements around the south, west, and east property lines as required in Condition of Approval No. 7. f. If landscaping alone fails to satisfy the City's desired screening results, then physical architectural improvements shall be explored to satisfy this requirement. The intensified landscaping and/or physical architectural improvements are intended to upgrade the visual quality and aesthetic view of the power generating station from public right-of-ways. c. All Fire Department requirements shall be noted on the building plans. (FD) 4. Prior to issuance of building permits, the following shall be completed: a. Submit 8 inch by 10 inch colored photographs of all. colored renderings and elevations to the Planning Department for inclusion in the entitlement file. b. The following information and/or plans demonstrating compliance with the following issue areas shall be submitted for review and approval by the Fire Chief: 1) Hazards and Operability Study (HAZOPS) for the entire urea to ammonia process and appropriate mitigation measures. (FD) 2) The Urea to Ammonia system shall be designed so that no detectable ammonia odor travels off -site. This requirement can be accomplished by systems such as water (41) March 5, 2001 Council/Agency Minutes - Page 41 spray or fixed monitors to absorb any release or any other cooling method acceptable to the Fire Chief. (FD) 3) Provide Seismic Zone 4 construction. (FD) 4) Provide spill control and secondary containment to include equipment, tanks, piping, truck unloading and fixed fire protection system. Secondary containment shall have impermeable surfaces and will be designed to prevent any intrusion into areas where fish, etc. would be destroyed by ammonia solution. (FD) 5) Provide static electricity control. (FD) 9) Provide plans for redundant alarms, notification devices, and manual override systems. (FD) 10) Provide classified electrical, Class I, Division 2 unless proven unnecessary by a licensed electrical engineer's review of a certified process engineer's statement that no flammable atmosphere could be present. (FD) 11) Provide certification from a registered fire protection engineer stating no possibility of explosive dust production from the urea unloading process. (FD) 12) Provide proof that all tanks, valves, fittings, pipe, etc. are appropriate for the specified products as determined by an appropriate licensed mechanical engineer. Certification to include a list of all codes and sections for appropriate documentation. (FD) c. AES will certify via written statement submitted to the Fire Chief that AES will immediately report any spill or leak to the Fire Department. (FD) 5. Within four weeks of building permit issuance, the following issue areas shall be submitted for review and approval by the Fire Chief: a. AES must demonstrate on -site containment and an approved spill mitigation and disposal plan and shall also submit a Spill Release Policy subject to approval by the Fire Chief. (FD) b. Publish and submit an approved Emergency Response Plan and employee training program. (FD) 6. During site development, and/or construction, the following shall be adhered to: (42) March 5, 2001 Council/Agency Minutes - Page 42 a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. 7. Prior to final building permit inspection, 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: 1) Landscaping; 2) Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification #424. (FD) 3) Automatic fire sprinkler and fire alarm system may be required. Fire will need to meet with AES personnel to discuss entire system prior to final permit inspection. (FD) 4) Fire access roads shall be provided in compliance with City Specification #401. Include the Circulation Plan and dimensions of all access roads. (FD) 5) If applicable, installation and/or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and HBFD requirements. Certain areas may require conformance to City Specification #431, Gas Fired Appliances. (FD) 6) If applicable, this project shall comply with the Cal -ARP program for Hazardous Materials reporting. (FD) 7) Provide installation of protective crash posts. (FD) 8) All hot equipment, pipes, etc. to be insulated. (FD) 9) Meet all general requirements of Huntington Beach Fire Code Section 8001 regarding notification and signage. (FD) b. The applicant shall be responsible for construction the half -width street improvements along the Newland Street frontage of the project site as set forth in the City's letter dated (43) March 5, 2001 Council/Agency Minutes - Page 43 September 23, 1997, from Melanie Fallon to Peter Lersey of SCE. As an alternative, the applicant may enter into an appropriate agreement, with accompanying security, which provides for a cash deposit to be made to the City to pay for the cost of designing and constructing the Newland Street frontage improvements. The City will handle the design and construction of a larger Newland Street widening project extending from Pacific Coast Highway northerly to Hamilton Avenue using the proportionate contribution from this project as well as from other projects having similar frontage improvement obligations. (PW) c. Water Ordinance No. 14.52, the "Water Efficient Landscape Requirements" apply for projects with 2,500 square feet of landscaping and lager. (PW) d. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (PW) e. Installation of required landscaping and irrigation systems shall be completed prior to final inspection . (PW) f. Intensified landscape planting and/or physical architectural improvements to upgrade the visual quality and aesthetic view of the power generating facility from public right-of-ways shall be required. Intensified landscaping and/or physical architectural improvements shall be on the south, west, and the easterly (south-east) boundaries. Owner shall make functional and obtain 100% coverage with the existing irrigation system. New systems may need to be added and dead or dying plant material shall be replaced. Plans shall include sections demonstrating how. the _ultimate growth of the plant material or architectural changes will help screen the existing plant. The landscaping and irrigation improvements shall be subject to review and approval of a landscape construction set by the City of Huntington Beach Public Works and Planning Departments. (PW) g. The existing berm, fences, and landscaping within the Newland Street frontage shall removed and new intensified screening shall be reconstructed behind the right-of-way. The new screening shall be subject to City Council Subcommittee, Design Review Board, Planning Director, and Public Works Director approvals. The landscaping shall be in conformance with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. (PW) h. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials, an irrigation plan, an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. (PW) (Code Requirement) The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. (44) March 5, 2001 Council/Agency Minutes -Page 44 Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. k. 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. 8. 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. Conditional Use Permit No. 00-49 and Coastal Development Permit No. 00-15 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Conditional Use Permit No. 00-49 and Coastal Development Permit No. 00-15 shall become null and void unless exercised within one year of the date of final approval which is March 5, 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. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 00-49 and Coastal Development Permit No. 00-15, 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 Division, 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 Determination 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 (45) March 5, 2001 Council/Agency Minutes - Page 45 Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 9. State -mandated school impact fees shall be paid prior to issuance of building permits. 10. An encroachment permit shall be required for all work within the right-of-way. (PW) 11. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building.