HomeMy WebLinkAbout2001-05-07 (7)Minutes
City Council/Redevelopment Agency
City of Huntington Beach
5:00 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Monday, May 7, 2001
An audiotape of the 5:00 p.m. portion of this meeting
and a videotape of the 7:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Call to Order
Mayor Julien Houchen called the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to order at 5:04 p.m. in Room B-8.
City Council/Redevelopment Agency Roll Call
Present: Green, Boardman, Julien Houchen, Garofalo, Dettloff, Bauer (Cook arrived at
5:05 p.m.)
Absent: None
Public Comments Regarding Study Session and Closed Session Agenda Items
Bryan K. Houchen requested Council is in support of the proposed Memorandum of
Understanding between the City and Huntington Beach Police Officers' Association.
Kreg Muller informed Council that Russell Reinhart, the Huntington Beach Police Officers'
Association President could not be in attendance at that evening's closed session. Mr. Muller
stated that he looks forward to successful contract negotiations.
Dean Albright informed Council of his intent to clarify the statements he made at the
April 16, 2001 Council meeting, during which time he cautioned Council not to discuss the
Howard Jarvis lawsuit in terms of any potential impact on the proposed infrastructure bond
measure recommended by the Infrastructure Planning Committee. Mr. Albright spoke in
opposition to Council action on the property tax refund issue.
Allen Dauger, Infrastructure Advisory Committee (IAC) member, requested that the proposed
sewer maintenance fee be based on the amount of water consumption. He spoke regarding
equity, recommending that the fee take into account the variances in household living
arrangements. Mr. Dauger suggested revisions to the water billing software.
(City Council) Study Session — Accepted Presentation of Proposed Sewer Maintenance
Fee (340.20)
The City Council considered a communication from the Public Works Department regarding the
proposed sewer service charge, including a review of the fee structure, the fee methodology
and implementation schedule as mentioned briefly by Director Beardsley. The communication
(2) May 7, 2001 Council/Agency Minutes - Page 2
is a PowerPoint slide report presented by Deputy Public Works Director Paul Emery and
distributed at the study session. The Late Communication is dated May 7, 2001 and titled
Proposed Sewer Service Charge — Methodology and Rate Schedule.
Public Works Director Robert F. Beardsley delivered an oral report. He stated that the concept
for the proposed sewer service charge had been presented to Council at the meeting of
February 20, 2001, when staff was directed to prepare methodology and a flat rate sewer
service charge. He provided the timeline for implementation that includes a public hearing
scheduled for August 2001. Director Beardsley stated that if approved, the charges would
appear on the water bills beginning with October or November of 2001.
Councilmember Garofalo asked questions in relation to the overall impact, to which Deputy
Public Works Director Emery responded that at present there is no prototype for measurement.
Public Works Director Beardsley summarized the presentation, emphasizing that it is important
to highlight the four key points delineated on slide report # 14 titled, Summary.
Director Beardsley announced that Mr. Darrel Cohoon, Cohoon & Associates, the project
consultant firm that developed the fee methodology for implementation of the sewer service
charge, was present in the audience and available to answer questions.
Councilmember Boardman referred to the public comments made by Mr. Dauger tying in the
user fee to conservation efforts, inquiring why a rate based on usage rather than a flat rate is
not being implemented.
Staff responded, expressing concerns with the timeframes; that testing is currently being done
with a beta site. City Treasurer Shari Freidenrich informed Council that the initial printing of the
bills will take place in October when the system goes live. City Treasurer Freidenrich related
the potential difficulties that can be encountered with the introduction of a new type of fee
comparison at this point in time.
City Administrator Ray Silver added that payroll is also to go live in November, and that caution
will be taken in implementation.
City Treasurer Freidenrich reported on the procedure being followed to create a quality product,
and that staff can re -look at new methodology a future date. She provided the reasoning that if
the system were to be converted to a conveyance based on consumption, there will be a need
to bring over extensive records which is a costly process.
Councilmember Boardman made inquiries about the high usage industrial rate, to which Deputy
Public Works Director Emery replied that there are about 30 of this type of users.
Discussion followed regarding other high usage consumers, including schools, but that they are
not high producers of waste water products.
Councilmember Garofalo commented that much is to be learned from data retrieval and
analysis.
Public Works Director Beardsley confirmed for Councilmember Green that at present $1.3
million is to be expended from the General Funds, stating that this amount should take care of
(3) May 7, 2001 CouncillAgency Minutes - Page 3
anticipated sewer maintenance needs. Director Beardsley stated that the video taping of the
lines is in progress.
Deputy Public Works Director Emery spoke regarding the basis for fee calculation, making a
comparison between single family versus multi -family dwellings, in answer to Councilmember
Boardman's concerns relative to the consumer's appeal rights.
Director Beardsley stated that the Public Works Department will set forth parameters in cases of
single occupancy housing, but pointed out that this category of household still has the ability to
access the sewer system that is uniform with the other categories.
Mayor Julien Houchen inquired how units are metered, to which staff replied that they differ from
one household to another.
Council thanked staff for their reports.
Motion to Recess to Closed Session — Approved
A motion was made by Dettloff, second Boardman to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City 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 Estates at Seacliff Homeowners Association v.
City of Huntington Beach; Orange County Superior Court Case No. OOCC01466. Subject:
Estates at Seacliff Homeowners Association v. City of Huntington Beach. (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 Joseph Durkin v. City of Huntington Beach;
Workers' Comp Case Nos. AHM 060359 and AHM 061316; City Claim Nos. GOHB-96-0162
and COHB-97-0124. Subject: Joseph Durkin v. City of Huntington Beach (120.80)
(Redevelopment Agency) Closed Session — Pursuant to Government Code Section
54956.9(a) to confer with its agency counsel regarding pending litigation which has been
initiated formally and to which the agency is a party. The title of the litigation is Redevelopment
Agency v. Frank Mola, Orange County Superior Court Case No. 77 25 15. Subject:
Redevelopment Agency v. Frank Mola (400.50)
(4) May 7, 2001 CounciillAgency Minutes - Page 4
Reconvened City Council/Redevelopment Agency Meeting — 7:05 P.M.
City Council — Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent. None
Flag Ceremony and Pledge of Allegiance — Troop 325, First Grade Brownies, Hopeview
School, Huntington Beach. Sandy Smallshaw, Leader.
Invocation — Kelly Shanley, city employee, Public Information Office.
City Clerk Announced Late Communications Which Pertain to Items on the Agenda
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late
Communications regarding agenda items that had been received following distribution of the
agenda:
Slide show presentation from the Department of Public Works dated May 7, 2001 and titled
Proposed Sewer Service Charge — Methodology and Rate Structure.
Slide show presentation submitted by Administration to the City Clerk's Office on May 7, 2001.
Slide show presentation titled Grassroots Coordinator Network. An Introduction.
Communication dated May 3, 2001 from W. D. Mamelli, President of the Huntington Beach
Police Management Association (HBPMA) conveying the Association's interest in Senate
Bill 90. Communication titled Senate Bill 90.
Communication from Administration re: AB 640 — (Jackson) Coastal Resources — Certified
Local Program. Communication is a request that Council consider adding the item to the
agenda.
Slide show presentation dated May 7, 2001 from Shari Freidenrich, City Treasurer titled
Treasurer's Report.
Slide show presentation submitted by the Public Works Department to the City Clerk's Office on
May 7, 2001. Slide show presentation titled Greystone Keys — Enforcement of Vehicle Code
Provisions on Private Streets.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
May 7, 2001. Slide show presentation titled Appeal of Conditional Use Permit 00-58— Chevron
Station 6972 Warner Ave.
Slide show presentation submitted by the Public Works Department to the City Clerk's Office on
May 7, 2001. Slide show presentation titled Annual Weed, Rubbish and Refuse Abatement
Program.
Slide show presentation submitted by the Community Services Department to the City Clerk's
Office on May 7, 2001. Slide show presentation titled Application for CalTrans Grant —
Purchase of Three Vehicles for the Senior Citizen's Transportation Program.
(5) May 7, 2001 Council/Agency Minutes - Page 5
Communication dated May 7, 2001 from the Economic Development Department transmitting a
slide show presentation. Slide show presentation titled Affordable Housing Loan Agreement
with KDF QV, LP — Quo Vadis Apartments.
A statement was made by Mayor Julian Houchen expressing heartfelt sympathy for the
deceased young man from the Oakview neighborhood and for the police officer involved in the
shooting incident.
Presentation --- To Mayor Pam Julien Houchen and Ron Hagen, Director, Community Services
by Jim McLaughlin, O.C. Association of Realtors, a check in the amount of $2,400 to Project
Self -Sufficiency for scholarships and school supplies for families for the school year starting in
Fall 2001.
Presentation — By Mayor Pam Julien Houchen and Robert F. Beardsley, Public Works Director
and Don Noble, Maintenance Operations Manager, the Employees of the Year Awards for the
Public Works Maintenance Division. The recipients are: Terry Woodyard, Heavy Equipment
Operator for the Street Program, 24 year employee; Mike Constanza, Equipment Operator for
Waste Water Program, 13 year employee; Richard Robba, Mechanic Sr., for the Vehicle and
Equipment Maintenance Program, 2'h year employee; and Kenneth Brown, Maintenance
Service Worker for Building Maintenance Program, 19 year employee. Kenneth Brown was
unable to attend.
Presentation — By Mayor Pam Julien Houchen to Robert F. Beardsley, Public Works Director, a
Proclamation proclaiming the week of May 20 through May 26, 2001 as Public Works Week.
Public Works Open House will be held May 19, 2001 at the Donald Kiser Corporation Yard,
17371 Gothard Street, Huntington Beach, from 10:00 am to 2:00 pm.
Presentation — To Mayor Pam Julien Houchen by Mr. Michael Call, a framed photograph
(5 feet in length) of Pacific Coast Highway - Main Street area - Circa 1948 - 49. Mayor Pam
Julien Houchen presented a Certificate of Appreciation to Mr. Call.
Presentation — By Mayor Pam Julien Houchen to Mr. Armando Berumen, Veterans
Employment Representative, Employment Development Department, a Proclamation
proclaiming the month of May as "Veteran Appreciation Month" in the City of Huntington Beach.
Mr. Berumen was unable to attend.
Presentation — To Mayor Pam Julien Houchen and Ron Hayden, Library Director, by
Mr. Ron McGlen, Longboard Restaurant and Mr. Bret Barnes, Duke's Restaurant, a check in the
amount of $12,000 representing proceeds raised from "A Taste Of Huntington Beach" for the
Huntington Beach Children's Library.
Public Comments
Nancy Leashno, representing the Hebrew Academy, extended an invitation to Council and the
community to participate in the Walk for FGndness and Friendship event to be held on
May 20, 2001. She stated that the seven mile walk represents seven days, is non-
denominational, and not a fundraiser; it is to promote kindness and friendship. Ms. Leashno
named some of the participants, which include Congressman Dana Rohrabacher and Mayor
Pro Tem Debbie Cook.
(6) May 7, 2001 Council/Agency Minutes -Page 6
Bill Harris, National Equestrian Centers, Inc. representative, requested approval of the agenda
item on the monthly boarding fee increases, stating that it has been 13 months since the last
increase. He informed Council that the increase is equal to the rate charged by the Orange
County Fairgrounds and is also in keeping with the Consumer Price Index.
Anne Jean Spiegel distributed a handout to Council and the City Clerk, which outlines her
purpose for speaking. Ms. Speigel requested the removal of Heil Avenue from Ordinance
No. 3495 that was adopted on April 16, 2001 that raised the speed limit from 35 to 40 miles per
hour. She stated that she believes Heil Avenue should have a speed limit less than 35,
however; she opposed it reverting to 40 mph.
Marcia Diane Salans, Beachwalk resident, informed Council that she boards her horse at the
Huntington Central Park stables, and voiced her strong support of management to increase its
boarder fees, as set forth on the agenda. Ms. Salans stated reasons relating to providing a safe
and positive environment for the diverse youth in the community.
Don MacAllister, former Mayor[Councilmember, extended an invitation to all to purchase a
rubber duck for the Duck-A-Thon event. He stated that four mayors, in addition to Mayor Pam
Julien Houchen plan to be in attendance. Mr. MacAllister, informed Council that the charity
event supports the services provided by the Huntington Beach Community Clinic, and that the
goal is to raise $100,000.
Wendy Mello referred to the Administrative Public Hearing on the agenda regarding weed
abatement, questioning why the owner of a vacant lot on 215t Street is not being cited for having
overgrown vegetation that extends to the street. She stated that her neighbors have been fined
for lesser violations. Ms. Mello provided photographs, which she submitted to Council and the
City Clerk.
Joey Racano spoke in opposition to the Section 301-H waiver granted to the Orange County
Sanitation District (OCSD) relative to the discharge to the ocean. He urged denial of the waiver
when it scheduled for annual renewal. Mr. Racano stated that as a member of the Ocean
Outfall Group, he is presenting a challenge for citizens to protect the coast and waters to force
OCSD to come forward with a Clean Water Act.
Devin Dwyer stated support of the proposed contract between the city and the Huntington
Beach Police Officers Association (HBPOA).
Mayor Julien Houchen stated she wish to provide a "sidebar comment" that the contract was
approved in closed session by the City and HBPOA and will be presented to Council at the next
meeting.
Tim Geddes informed Council that he is not speaking as a member of the Finance Board or the
Southeast Huntington Beach Neighborhood Homeowners Association, or as an educator, but as
a citizen to express the need for a Community Leadership Program. Mr. Geddes stated that he
has provided a handout with information on the program, which is intended to orient leaders to
become more effective.
Don McGee spoke in opposition to over -building in the city, referring in particular to a housing
development on Summit Drive. Mr. McGee commented on land use issues and stated his
disapproval of the Section 301-H waiver, granted to the Orange County Sanitation District
stating that it contributes to ocean pollution.
(7) May 7, 2001 Council/Agency Minutes - Page 7
Patricia Clark announced a Public Utilities Commission meeting to be held at Golden West
College, in association with the agenda item on the pending legislation, ABX1 120 (Matthews).
Lou Baker referred to Ron Davis' newspaper column in an April 2001 edition of the Huntington
Beach Independent, which states that the City of Fountain Valley generates higher sales tax
revenue than Huntington Beach. Mr. Baker questioned if this was true, and if so, what the city is
doing to turn it around.
Kim Miller stated that she boards her horse at the Huntington Central Park Equestrian Center,
and spoke in support of Council approval for an increase in boarder fees. She stated that as a
writer for a magazine, she recommends better promotion of the center. Ms. Miller described a
new program and public tours, and spoke in terms of its benefits to young children.
Norm Westwell stated that Communications and Special Projects Director Rich Barnard and
his staff, and City Clerk Connie Brockway provide good customer service. He requested a
different type of programming from what he believes to be propaganda to be aired on HBTV-3.
Mr. Westwell informed everyone of a public access program: Modern Public.
Cresensio Espinosa requested protection in the Oakview community, and improved lighting in
the area. Mr. Espinosa spoke of distrust of the police, relating the incident of the youth who was
recently killed in his Oakview neighborhood.
Maria Tarelo informed Council that it was her brother, Antonio Saldivar who was killed by the
police on Ash Street. Ms. Tarelo stated that he passed away on Saturday, May 5, 2001. She
requested financial aid to ship his remains to Mexico for burial.
Olga Flores requested that the police protect her community, and stated that she is unable to
understand the justification for the recent shooting.
(City Council) Approved Recommendation of the Intergovernmental Relations Committee
that the City Council Take a Position in Support of the Proposed Dues Increase by the
League of California Cities to Fund the League's Grassroots Coordinating Network
(640.90)
The City Council considered a communication from Councilmember Shirley Dettloff, Chair,
Mayor Pro Tern Debbie Cook, and Councilmember Ralph Bauer, Council Liaisons to the
Intergovernmental Relations Committee, informing Council of the need to take a position in
support of the League of California Cities Grassroots Coordinating Network and the increase in
dues to provide funding for this program.
The City Council Intergovernmental Relations Committee has reviewed the League of California
Cities' request for support for their Grassroots Coordinating Network and recommends the
following Council Action.
Intergovernmental Relations Committee Chair/Council Liaison Dettloff presented a brief oral
report.
City Administrator Silver stressed how critical the Grassroots Coordinating Network would be in
working with member city officials and the League of California Cities in promoting key League
priorities with legislators, as stated in the staff report.
(8) May 7, 2001 Council/Agency Minutes - Page 8
City Administrator Silver presented the PowerPoint presentation that had been announced
earlier by the City Clerk as a Late Communication. The report is titled Grassroots Coordinator
Network., An Introduction.
A motion was made by Dettloff, second Green that the City Council take a position in support of
the Grassroots Coordinating Network and the proposed dues increase. 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 City Council Position on Legislation Pending Before the State
Legislature and Congress as Recommended by the City Council Intergovernmental
Relations Committee at its March 27, 2001 Meeting (640.90)
The City Council considered a communication from Councilmember Shirley Dettloff, Chair,
Mayor Pro Tern Debbie Cook, and Councilmember Ralph Bauer, Council Liaisons to the
Intergovernmental Relations Committee, informing Council of the need to authorize the Mayor to
communicate the City of Huntington Beach's support for or opposition to legislation currently
pending before the elected members of the Federal or State Governments. The City Council
Intergovernmental Relations Committee reviewed the following legislation at its March 27, 2001
meeting.
Intergovernmental Relations Committee Chair/Council Liaison Dettloff furnished an oral report.
She requested abstention from SB 910 (Dunn).
Mayor Julien Houchen requested that her no vote be recorded on SB 90 (Dunn).
Councilmember Garofalo stated that he does not have enough information and will therefore
abstain from voting on all the bills presented.
A motion was made by Dettloff, second Cook that the City Council take a position on the
following items, and authorize the Mayor to send fetters reflecting those positions to the
legislators: Motion: Oppose SB 90 (Dunn) Public Employees Retirement — Safety Members
Benefits which would increase the maximum limit on retirement benefit for safety officer from
75% or in some cases 85% to 90% of final compensation for local safety members who retire on
or after January 1, 2001. Motion: Oppose SB 424 (Burton) Worker's Compensation -which
would add as a disputable presumptive injury for certain law enforcement personnel lower back
impairment that develops or manifests itself during a period while the person is in that service.
Motion: Oppose SB 988 (Polanco) Public Safety Officers Rights — which would require that
the administrative appeal consist of a full and fair evidentiary hearing before a neutral decision
maker and meet other procedural requirements. Motion: Oppose AB 758 (Maddox) Peace
Officers' Spinal X-rays —which would require any peace officer, as specified, who is hired by a
city, county, or city and county, to have a spinal x-ray at the time of hiring at the expense of the
city, county, or city and county, which x-ray shall become a part of the permanent record of the
peace officer. Motion: Oppose AB 663 (Vargas) Worker's Compensation, Lifeguards —
which would extend to lifeguards the same worker's compensation benefits related to
presumptive illnesses and injuries as those currently assigned to police officers and firefighters.
Motion: Support AB 81 (Migden) Sales and Use Taxes, Retailer — which would clarify that the
(9) May 7, 2001 Council/Agency Minutes - Page 9
processing of orders electronically, by fax, telephone, the Internet, or other electronic ordering
process, does not relieve a retailer of responsibility for collection of the tax from the purchaser if
the retailer is engaged in business in this state. Motion: Support AB 227 (Longville)
Transportation Funding — which would on and after July 1, 2006, or a specified date,
whichever is later, delete the transfer from the Transportation Investment Fund (TIF) to the
Traffic Congestion Relief Fund. The bill, on and after that date, would extend indefinitely the
period during which the Controller would be required to make the quarterly transfers from the
General Fund to the TIF, and thereby would make an appropriation. Motion: Support SB 691
(McPherson) Government Liability Re: Mobi:lehome — which would permit in certain specified
actions, the award of attorney's fees, and, in some cases, other litigation expenses to a local
governmental entity, if the local governmental entity is determined to be the prevailing party
unless the court finds that the mobilehome park owner had reasonable grounds to bring the
litigation. Motion: Oppose SB 910 (Dunn) General Plans & Housing — (Housing Elements) —
which would place stringent penalties on cities found not to be in substantial compliance with
state law regarding Housing Elements. Motion: Support AB 1022 (Pacheco) Supplemental
Firefighting Services Fund —which would establish in each county treasury a Supplemental
Firefighting Services Fund (SFSF) and require that moneys from this fund be allocated to local
agencies in accordance with specified requirements for specified front line fire service activities.
This bill would appropriate $100,000,000 from the General Fund to the Controller for allocation
to counties for purposes of the bill. The bill would declare that it is to take effect immediately as
an urgency statute. Its provisions would become inoperative on July 1, 2005, and would be
repealed on January 1, 2006. Motion: Support S 350 (Chaffee) Brownfields Revitalization &
Environmental Restoration Act of 2001 -- which amends the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) to provide for grants to eligible
entities (including local government units, redevelopment agencies, States, and Indian tribes)
for inventorying, characterizing, assessing, remediating, and conducting planning related to
brownfield sites. This bill defines a "brownfield site," with exceptions, as real property, the
expansion, redevelopment, or reuse of which is complicated by the presence or potential
presence of a hazardous substance or pollutant. Includes within such definition a site
contaminated by a controlled substance or mine -scarred land and authorizes appropriations for
same. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None (Julien Houchen — SB 90)
ABSENT: None
ABSTAIN: Garofalo (Dettloff —SB 910)
(City Council) Approved City Council Position on Legislation Pending Before the State
Legislature and Congress as Recommended by the City Council Intergovernmental
Relations Committee at their April 24, 2001 Meeting (640.90)
The City Council considered a communication from Councilmember Shirley Dettloff, Chair,
Mayor Pro Tern Debbie Cook, and Councilmember Ralph Bauer, Council Liaisons to the
Intergovernmental Relations Committee, informing Council of the need to authorize the Mayor to
communicate the City of Huntington Beach's support for or opposition to legislation currently
pending before the elected members of the Federal or State Governments. The City Council
Intergovernmental Relations Committee reviewed the legislation below at its April 24, 2001
meeting.
Intergovernmental Relations Committee Chair/Council Liaison Dettloff delivered a brief oral
report.
(10) May 7, 2001 Council/Agency Minutes - Page 'i0
A motion was made by Dettloff, second Green that the City Council take a position on the
following items and authorize the Mayor to send letters reflecting those positions to the
legislators: Motion: Support — AB 3 (Ashburn) ERAF Property Tax Shift — Capping the state's
Educational Revenue Augmentation Fund (ERAF) Property Tax Shift. Motion: Oppose ABX1
120 (Matthews) Local Utility Users Tax — Requiring that any local utility user's tax, imposed
on the consumption of gas or electricity, or both, to be imposed on a per unit of usage basis.
Motion: Oppose SB 1128 — (Kuehl) Unemployment Compensation Benefits — Entitling
independent contractors to receive unemployment compensation benefits. Motion: Support SB
106 (Sher) — Extending the Service Authority for Abandoned Vehicle (SAAV) Program. Motion:
Support SB 124 (Johnson) Support for City of Newport Beach Request — Requesting that
the Department of Transportation transfer to the City of Newport Beach Parks and Recreation
Department the area known as "Sunset Ridge Park" or "Caltrans West." The motion carried by
the following roil call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Motion to Consider Emergency Item Pursuant to Government
Code Section 54954.2(b)(2) — Approved City Council Position to Support Legislation
Pending Before the State Legislature and Congress as Recommended by the City
Council Intergovernmental Relations Committee Re: Assembly Bill 640 (Jackson) Coastal
Resources — Certified Local Program (640.90)
The City Council considered a communication received from Councilmember Shirley Dettloff,
Chair, Mayor Pro Tem Debbie Cook, and Councilmember Ralph Bauer, Council Liaisons to the
Intergovernmental Relations Committee, Informing Council that the need to take action to add
an item arose after posting of the City Council Agenda. The communication was announced
earlier by the City Clerk as a Late Communication submitted by Administration regarding
AB 640 (Jackson) Coastal Resources — Certified Local Program.
Intergovernmental Relations Committee Chair/Council Liaison Dettloff presented an oral report
requesting Council approval of a City Council position to support AB 640, an assembly bill which
would give the ability for individual governments to update their Local Coastal Programs (LCPs).
A motion was made by Dettloff, second Green to add to the Council Committee agenda items,
consideration of AB 640 (Jackson) regarding the Coastal Resources, Certified Local Program.
This item is necessary to vote on and the matter was not known about in time to post on the
agenda. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
A motion was made by Dettloff, second Green that the City Council take a position on the
following item and authorize the Mayor to send letters reflecting those positions to the
legislators: Motion: Support — AB 640 (Jackson) Coastal Resources — Certified Program.
This bill would require the Commission, not less than once every 5 years after certification
review every certified local coastal program to determine whether:
(11) May 7, 2001 Council/Agency Minutes - Page 11
1. The program is being effectively carried out; and
2. The revisions to the certified local coastal programs or procedures in the region under
review are needed; and
3. The revision of local coastal procedures are needed to minimize adverse cumulative impacts
of development on coastal zone resources.
This bill would prescribe procedures under which the commission would be required to adopt a
final report that includes recommendations for action by an affected local government.
It would also subject an affected local government to specified actions of the commission for
failure to submit to the commission a comprehensive update of its local coastal program
consistent with the commission's adopted report or to implement amendments certified to the
local coastal program recommended in the commission's adopted report.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Reviewed and Accepted City Treasurer's March 2001 Investment Summary
Report -- Directed Staff to Provide a Report re: Retirement 1PERS (Public Employees'
Retirement System) Fund Balance Return on Investment (Over the Last Five Years)
(310.20)
The City Council considered a communication from the City Treasurer transmitting the Monthly
Investment Report for March 2001.
City Treasurer Shari Freidenrich presented the PowerPoint slide report that had been
announced earlier by the City Clerk as a Late Communication titled City Treasurer's Report.
City Treasurer Freidenrich highlighted several key points from the slide presentation, including:
1. Investment balance trends covering the period March 1997 through March 2001;
2. Cash management techniques to increase income to the city;
3. Diversification as being critical to liquidity;
4. The continued drop in interest rates; and
b. The portfolio is in compliance with the investment policy.
Councilmember Garofalo requested that staff look into PERS (Public Employees' Retirement
System) fund balance return on investments over the last five years.
A motion was made by Garofalo, second Green to:
1. Review and accept the monthly report. Following review of the report, by motion of Council,
accept the Monthly Investment Report Summary of Investment Portfolio for March 2001,
pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach; and
2. Direct staff look into PERS (Public Employees' Retirement System) fund balance return on
investments over the last five years.
(12) May 7, 2001 Council/Agency Minutes - Page 12
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Public Hearing — Adopted Resolution No. 2001-21 Enforcing California
Vehicle Code Provisions on Private Streets in the Greystone Keys Condominium
Complex Maintenance Association Area Located in the Vicinity of Main Street and
Promenade Parkway (800.10)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing to
consider adoption of a resolution to enable the City's Police Department to enforce California
Vehicle Code Provisions on the private streets within the Greystone Keys Maintenance
Association Area, which is located in the vicinity of Main Street and Promenade Parkway.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Interim Transportation Manager Tom Brohard presented a brief PowerPoint slide report that had
been announced earlier by the City Clerk as a Late Communication. The communication was
submitted by the Public Works Department to the City Clerk's Office on May 7, 2001 and titled
Greystone Keys — Enforcement of Vehicle Code Provisions on Private Streets.
Interim Transportation Manager Brohard stated that the Greystone Keys Condominium Complex
is located between Ellis, Main, Gothard and Delaware Streets.
Councilmember Garofalo informed Council that he is going to make a motion to approve after
the public hearing is held. He stated having received a communication from residents of a
mobile home park. Councilmember Garofalo inquired on behalf of the mobile homeowner's
association about the city's role in policing private property.
Mayor Julien Houchen declared the public hearing open.
Norm Westwell pointed out that Greystone Keys is private property, stating that it has nothing
to do with the city and that there is no reason for policing the area.
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.
Staff verified for Councilmember Boardman that the residents of the Greystone Keys requested
enforcement of their community.
Chief Ronald Lowenberg in response to a question from Councilmember Garofalo, clarified that
the city cannot hire a private firm to police the area.
A motion was made by Garofalo, second Green to adopt Resolution No. 2001-21 -- "A
Resolution of the City Council of the City of Huntington Beach Authorizing the Huntington Beach
Police Department to Enforce California Vehicle Code Provisions on Private Streets in the
Greystone Keys Condominium Complex."
(13) May 7, 2001 Council/Agency Minutes - Page 13
(City Council) Public Hearing - Considered Appeal Filed by Mayor Pro Tern Debbie Cook
of the Planning Commission's Approval of Conditional Use Permit No. 00-58 (slw Corner
of Warner Avenue/Goldenwest Street Chevron Service Station) Applicant Jim Forgey,
RHL Design Group, Inc. and Steve Minnick — Project Referred to the Design Review
Board for Recommendation Back to Council on a Date Uncertain of an Improved
Architectural Product (420.40)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing to
consider the following:
Applicant: Jim Forgey, RHL Design Group Inc., 1201 S. Beach Blvd., Suite No. 207,
La Habra
Appellant: Debbie Cook, Huntington Beach Mayor Pro Tempore
Request: Appeal of the Planning Commission's approval to permit the construction and
operation of a service station. Conditional Use Permit No. 00-58 represents a request to:
a) demolish the existing service station facility and permit construction of a service station with a
2,045 sq. ft. convenience market, a freestanding gas pump canopy (24-ft. high by 38-ft. wide by
52-ft. long), two (2) self-service pump islands with four (4) dual -sided pumps, two (2)
underground storage tanks and associated site improvements on a 22,500 sq. ft. corner lot; and
b) permit alcoholic beverage sales (beer and wine) for off -site consumption.
Location: 6972 Warner Avenue (slw corner of Warner Avenue and Goldenwest Street)
Environmental Status: This agenda item is 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 presented a PowerPoint slide report that had been
announced earlier by the City Clerk as a Late Communication. The communication is titled
Appeal of Conditional Use Permit 00-58 — Chevron Station 6972 Warner Ave.
Planning Director Zelefsky furnished the rationale for the staff recommendation of what is
described as a "reverse Iayouf' — convenience store in front; the pump islands in the rear - as
opposed to the Chevron Company's traditional design for its gas stations:
1. Staffs reverse layout design fits on site;
2. Nine cities that have this type of requirement with no evidence of increased crime in having
the building located close to a corner;
3. Chevron can achieve design requirements without economic hardship; and
4. Urban Design Guidelines are specific for the community for future developments, and are
not just "mainly guidelines."
Director Zelefsky informed Council that this is the first project analyzed relative to Urban Design
Guidelines.
Mayor Pro Tern Cook prefaced the public hearing by stating that the guidelines are a result of
many hours of community input and consultation; residents do not want to settle for mediocrity.
(14) May 7, 2001 Council/Agency Minutes - Page 14
She stated that the developer is bringing in "canned" drawings. Mayor Pro Tern Cook informed
that her purpose for having filed the appeal is so that other developers will not be of the opinion
that the city does not support good architecture that is aesthetically pleasing.
Mayor Julien Houchen declared the public hearing open.
Prior to naming the public speakers the City Clerk restated for the record the following Late
Communication announced earlier that pertains to this hearing:
The communication is the PowerPoint slide report presented by Planning Director Zelefsky titled
Appeal of Conditional Use Permit 00-58 — Chevron Station 6972 WamerAue.
Richard Loyd, Chevron Products Company representative, informed Council that Chevron is
proposing a traditional, while staff is recommending a reverse layout for the gas station project.
He stated that the most important goal is to be guided by the Urban Design standards, which is
still being done. Mr. Loyd stated that Chevron met 98 out of 114 design elements, and that 16
that had not initially been met have since exceeded the requirements. He presented a slide
report and spoke relative to the overall design scheme, pointing to compatibility with colors and
materials in the area. Mr. Loyd spoke regarding safety issues, citing the economic health of the
center.
Arden Beavers informed Council that he is a retired Police Sergeant who lives near the
proposed site of the gas station. Mr. Beavers spoke in opposition to a reverse layout design for
safety reasons. He stated that an officer patrolling at night cannot see in from the street
because either his visual field would be blocked or there are no windows. In addition, he said
that a drive -by cannot be conducted. Mr. Beavers urged approval of Chevron building a
traditional layout gas station.
Bruce Ramm, Law Enforcement Relations, spoke in support of the Chevron Products Company
proposal for a traditional layout. He stated that the concept described by one of the previous
speakers of the relationship between the "built environment and criminal opportunity' is not a
new theory, but one used in pre -construction projects and in community policing. Mr. Ramm
cited as an example a Ralphs Center in the City of Orange that is situated in a high -activity level
area that he believes is not conducive to violent crime.
Larry Tidball, Architect for Chevron Company Products, elaborated on what the previous
speaker, Mr. Ramm referred to as the "elements of visibility." He spoke in opposition to the
staffs suggestion of placing windows to the rear of the building, stating that this setup does not
allow for a storage room. Mr. Tidball expressed the belief that the reverse layout is not
workable; that it only fits on a larger piece of property that has been integrated into the
construction site from the very beginning.
Mayor Pro Tern Cook referred to a drawing that had been placed before the podium, inquiring if
it is a specific design of the proposed auto service station. Mr. Tidball confirmed after it was
pointed out to him by Mayor Pro Tern Cook that the rendering shows a car wash adjacent to the
gas station; therefore it was not.
Richard Harlow spoke regarding what he considered to be significant issues related to the
applicant being in compliance with the General Plan, as well as the Urban Design Guidelines.
He stated that the major areas of disagreement are in building design and orientation, and that
there is concurrence for a review — including one by the Design Review Board - of landscaping
(15) May 7, 2001 Council/Agency Minutes -Page 15
concerns. Mr. Harlow related the Planning Commission's long deliberation of the issues. He
informed Council that the reason for the setback is that the site is at the intersection of two
major arterial highways. Referring to a diagram on the wall, Mr. Harlow spoke in opposition to
the reverse layout design for reasons of safety. He stated that the landscaping reflected, which
is the property of the shopping center, could screen activity taking place at the gas station site.
Ed Kerins, Design Review Board (DRB) member, informed Council of the makeup of the board,
stating that it includes business owners in the community. Mr. Kerins said that upon hearing of
the appeal, the DRB is going to review again. Mr. Kerins stated his disapproval of a past
affiliation between Chevron and the Huntington Beach Company that he believes to have
resulted in the generation of unacceptable design concepts.
Councilmember Garofalo expressed the concern that the corporate persona had been placed
under attack. He cited several projects in the community that he considers to be outstanding,
among them the Beachwalk Condominium Complex and the Seacliff Shopping Center.
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 Dettloff spoke regarding the Council position to fulfill a commitment to a quality
community with improved: 1.) city streetscapes, 2.) architectural buildings, and 3.) landscaping
designs.
Councilmember Dettloff informed Council of her hesitancy to vote at this evening's meeting.
She stressed the importance of the location of the gas station, stating that many people going to
the beach cross that intersection. Councilmember Dettloff expressed the belief that the city is at
a disadvantage due to build -out, and should take every opportunity for improvement. She
spoke in favor of the reverse layout, stating that many cities have executed the design
successfully and have written it into code. Councilmember Dettloff identified Chevron as one of
the largest corporate leaders and urged the company as a partner of Huntington Beach to come
back with something that is pleasing.
Mayor Pro Tern Cook initiated a discussion of the conditions of approval. Planning Director
Zelefsky stated that they would require modification in consideration of the staffs alternative
reverse layout, since the review had been conducted using a traditional prototype. He referred
to the DRB review listed as Condition H on pages D-2.14 and .15 of the staff report.
Police Chief Ronald Lowenberg responded to Council inquiries relative to the reverse design
concept and safety issues. He referred to pages D-2.82 through .84 of the staff report, which is
a communication from Jan Thomas of Starling Thomas Concepts, the CPTED (Crime
Prevention Through Environmental Design) Consultant from the Police Department. Chief
Lowenberg stated that he has complete confidence that the recommendations Ms. Thomas has
set forth are correct and that either design is acceptable to the Police Department.
Police Chief Lowenberg referred to page D-2.83, stating that the issue regarding the escape
route has not been addressed by Chevron. He informed Council of his opinion that with the city
reverse layout plan, the opportunity for the escape of a suspect is significantly reduced.
(16) May 7, 2001 CouncillAgency Minutes - Page 16
Councilmember Bauer expressed a number of concerns, including:
1. Accountability for the maintenance of landscaping:
Planning Director Zelefsky responded that if not met, it would be a code violation issue.
2. Percentage of landscaping required:
Director Zelefsky stated that it is within the purview of the Public Works Department to
decide and approve.
3. The need for landscaping Springdale Street and Heil Avenue.
4. Staffs rationale for a reverse layout orientation:
Director Zelefsky reasoned that the goal for having the service bays hidden in the rear is
to provide a much nicer look for the corner of the intersection.
5. Safety issues relating to cash supply on hand:
Chief Lowenberg related having seen a decrease in armed robberies in great part due to
the advent of ATMs, credit cards and debit cards.
6. Good architecture achieved through a traditional design:
Director Zelefsky answered in the affirmative, but stated that in this instance, he and the
other members of the Design Review Board are not of the opinion.
Councilmember Bauer informed Council that he is not compelled to believe that the reverse
layout is necessarily better and is not ready to vote, pending his review of acceptable
renderings. He stated that he would consider a conventional layout, as long as there is a plan
for landscape maintenance. Councilmember Bauer stated that he is looking for a mechanism
for postponing and stressed the importance of good sight lines at street corners as a safety
factor.
Councilmember Green concurred with Councilmember Bauer that good architecture is a
variable and finds that he is in favor of the Planning Commission's recommendation due to
safety and security reasons.
Councilmember Garofalo stated that the challenge is to send the project back to the Design
Review Board, and that he is assured that at least one member, namely Mr. Ed Kerins, will
scrutinize it closely. Councilmember Garofalo stated that the sales tax generated by gas
stations in Huntington Beach is high and in competition with other businesses. He urged
Council to hold the corporations accountable to bring forward the best design concept possible.
Councilmember Garofalo referred to page D-2.5 of the staff report on Site Planning, that in
regard to frontage that creates a visual relationship to streets and sidewalks, he finds no
"pedestrian connectivity" in Chevron's proposed design other than presenting a visual obstacle
to the surroundings.
Chevron representative Richard Harlow responded to Council inquiries regarding the company's
design as meeting and exceeding the 12% landscape requirements. He spoke regarding
visibility through the back windows, citing page D-2.82 of the staff report. Mr. Harlow offered
that if the architecture is inadequate, the design will go back to the DRB; moreover,
Councilmember Bauer's concerns are going to be addressed.
Mayor Pro Tem Cook moved to amend the recommended action to refer the project to the
Design Review Board with a return to Council. Councilmember Boardman seconded the motion
to amend.
(17) May 7, 2001 Council/Agency Minutes - Page 17
Councilmember Dettloff spoke in opposition to a "cookie -cutter" type of design and stated that
she will not support a motion to approve the project.
Further discussion ensued following Planning Director Zelefsky's clarification of the motion,
which ascertained that the traditional layout is the only design being considered.
Councilmember Boardman stated that she will not support the amended motion since the
reverse layout design is not being considered. Councilmember Boardman withdrew her second
to the motion on the table.
Councilmember Garofalo seconded the motion made by Mayor Pro Tern Cook.
Planning Director Zelefsky verifed in response to the City Clerk's inquiry that the public hearing
is going to be re -noticed.
Councilmember Bauer suggested if the traditional design is not deemed appropriate, Council at
the re -noticed public hearing can consider the reverse layout when the item is discussed again
after the Design Review Board returns with the revisions.
A motion was made by Cook, second Garofalo to refer the proposal to the Design Review Board
for an improved architectural project recommendation back to Council at a re -noticed public
hearing. The motion carried by the following roll call vote:
AYES: Green, Cook, Julien Houchen, Garofalo, Bauer
NOES: Boardman, Dettloff
ABSENT: None
(City Council) Administrative Public Hearing to Hear Protests Regarding Weed
Abatement — Rubbish and Refuse Abatement (520.80)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing to hear
objections and protests to the proposed removal of weeds, rubbish, and refuse upon certain
streets, sidewalks, parkways, and private property in the city. This hearing is held pursuant to
Resolution No. 2001-6 adopted March 5, 2001. This agenda item is an administrative public
hearing. An administrative hearing is required by Huntington Beach Municipal Code 1.18. Only
properly owners are entitled to speak at an administrative hearing.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
The City Council considered a communication from the Public Works Director.
Public Works Director Beardsley presented a brief PowerPoint slide presentation that had been
announced earlier by the City Clerk as a Late Communication. The report is titled Annual
Weed, Rubbish and Refuse Abatement Program and furnishes the program timeline for the
administrative public hearing_
Councilmember Boardman expressed the concern that a public speaker lodged a complaint
regarding a lot on 215' Street that had not been identified on the matrix found in the staff report
listing affected properties.
(18) May 7, 2001 Council/Agency Minutes - Page 18
Public Works Director Beardsley stated that enforcement of code provisions on properties with
overgrown vegetation can be performed any time. Director Beardsley informed Council that he
had made a note of the parcel on 21s' Street mentioned earlier and will follow through on the
action that is needed to be taken.
Mayor Julien Houchen declared the public hearing open.
There being no persons present to speak on the matter and there being no protests filed, either
written or oral, the hearing was closed by the Mayor.
The City Clerk restated for the record that the PowerPoint slide report presented by Director
Beardsley is a Late Communication that pertains to this public hearing.
A motion was made by Garofalo, second Green to: authorize the Superintendent of Streets
(Public Works Director) to proceed with abatement of said nuisance. The motion carried by the
following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: None
ABSENT: None (Dettloff out of the room)
(City Council) Public Hearing - Adopted Resolution No. 2001-23 Authorizing Staff to
Apply to the California Department of Transportation for a Federal Transit Administration
Grant to Purchase Vans and Related Equipment for the Transport of Senior Citizens and
Physically Challenged Persons (340.70)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing to
consider a proposal that the city apply to the California Department of Transportation for a
Federal Transit Administration Section 5310 program grant to purchase accessible vans and
related equipment to transport elderly and physically challenged persons. The public hearing
was held to consider whether there are any private, nonprofit transportation agencies readily
available to carry out the Senior Transportation Program currently being provided by the city.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
The City Council considered a communication from the Community Services Department.
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 communication is
titled Application for CalTrans Grant — Purchase of Three Vehicles for the Senior Citizen's
Transportation Program.
Deputy Director Engle stressed the need for implementation of this program in light of the fact
that the Dial -a -Ride Transportation Services for senior citizens no longer exists.
Mayor Julien Houchen declared the public hearing open.
Prior to naming the public speaker, the City Clerk restated for the record that the PowerPoint
report presented by Deputy Director Engle is a Late Communication that pertains to this public
hearing.
(19) May 7, 2001 Council/Agency Minutes - Page 19
Harold Schechter, Council on Aging representative, stated his support of the Federal Grant
application to purchase vans. Mr. Schechter addressed Council regarding the growing senior
population.
There being no persons present to speak on the matter further and there being no protests filed,
either written or oral, the hearing was closed by the Mayor.
A motion was made by Dettloff, second Green to:
1. Adopt Resolution No. 2001-23 -- "A Resolution of the City of Huntington Beach Authorizing
City Staff to Apply to the California Department of Transportation for a Federal Transit
Administration Section 5310 Program Grant to Purchase Accessible Vans and Related
Equipment to Transport Elderly and Physically Challenged Persons;"
and
2. Authorize the Director of Administrative Services to appropriate $24,000 from Air Quality
Management District (AQMD) Funds into Senior Outreach/Other Vehicles Account.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Cook out of the room)
(City Council) Opened and Continued Open to May 21, 2001 -Public Hearing to Consider
Amendment of Community Services Fees (340.20)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing for the
purpose of amending the city fee resolution by adopting the current fees for the Community
Services Department, specifically, instituting fees for use of the new portions of the City Gym
and Pool; removing fees for use of tables/chairs at the Art Center; instituting new fees for Art
Center membership; increasing the fee for aquatics classes, special activities; day camps,
senior softball; youth sports, field practice lights, junior lifeguard program; senior parking plaza
lot; and adding a new fee for a combination beach and Main Promenade Parking Structure
parking pass. In addition, the fee for beach and Main Promenade Parking Structure parking
passes is being reduced.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Mayor Julien Houchen opened the public hearing.
A motion was made by Bauer, second Green to continue the public hearing open to
May 21, 2001 relating to the Community Services Department Fees. The motion carried by the
following roll call vote:
AYES: Green, Boardman, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Cook out of the room)
(20) May 7, 2001 Council/Agency Minutes - Page 20
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Monthly Boarding Fee Increases to Boarders of the Huntington Central Park
Equestrian Center — Requested by National Equestrian Centers, Inc. (600.35)
(City Council) Reimbursement of Traffic Impact Fees to PLC Land Company for Street
Improvements to Ellis Avenue between Edwards Street and Goldenwest Street as Required by
the Holly Seacliff Development Agreement No. 90-1 (600.10)
(City Council) Request by Pacific Coast Homes for Council to Consent to Pending Sale of
Three Properties to Monte Weaver Family Production, LLC at the Northwest Corner of Main and
Holly Sts. (APNs 111-150-31-33) in the Holly Seacliff Development Agreement Area (600.10)
(City Council) Transfer of General Funds to the Ocean View Estates (OVE) Enterprise Fund for
the Maintenance of the OVE Mobilehome Park Located on the We Corner of Ellis Avenue and
Goldenwest Street -- the Real Estate Services Manager or his Designee as the Ocean View
Estate Enterprise Fund Manager (320.1,0)
/5
Consent Calendar — Item Withdrawn
(Redevelopment Agency) State Controller's Annual Reports for Three Fiscal Years: (1) 1997-
1998, (2) 1998-1999 and (3) 1999-2000 in Compliance with Redevelopment Agency Legal
Requirements (400.20)
Consent Calendar — Items Approved
On motion by Green, second Garofalo, Council approved the following Consent Calendar items,
as recommended. The motion carried by the following roll call vote:
AYES: Green Boardman, Cook, Julien Houchen, Dettloff, Bauer (ABSTAIN: Garofalo on
Mayer Financial Re: Degraded Wetland)
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency regular adjourned meetings of April 2, 2001 and regular
meetings of April 2, 2001 as written and on file in the Office of the City Clerk. Submitted by the
City Clerk
(City Council) Adopted Resolution No. 2001-20 Rescinding Resolution No. 96-31 and
Resolution No. 6600 Abolishing the Economic Uncertainty Fund to Ensure a Single
General Fund Reserve Policy (320.20) — Adopted Resolution No. 2001-20 — uA Resolution of
the City Council of the City of Huntington Beach Rescinding Resolution No. 6600 and
Resolution No. 96-31 and Abolishing the Reserve for Economic Uncertainty Fund." Submitted
by the Administrative Services Director. Funding Source: Not Applicable. (On June 6, 1994 the
City Council adopted Resolution 6600, which created the Reserve for Economic Uncertainty
Fund and established the city's General Fund Reserve at $5 million. On April 15, 1996, the City
Council replaced Resolution 6600 with Resolution 96-31, which lowered the General Fund
reserve from $5 million to $3 million_ This change was initiated to help minimize the impact of
(21) May 7, 2001 Council/Agency Minutes -Page 21
the County's bankruptcy and the recession of the mid-1990's. At its April 16, 2001 meeting, the
City Council adopted 34 Financial Policies that serve as the basis for the overall financial
management of the city's resources.)
(City Council) Approved Settlement Committee Recommendation to Adopt Insurance
Liability and Indemnification Waivers Requested by Williams Communications Solutions
as Part of the Proposed Master Order and Maintenance Agreement Between Williams
Communications Solutions and the City of Huntington Beach (600.10) — Approved the
Settlement Committee recommendation to adopt the insurance and indemnification waivers.
Submitted by the Fire Chief/ Information Systems Director. Funding Source: None Required.
(At this time, the City is in the process of entering into a Master Order and Maintenance
Agreement with Williams Communications Solutions to facilitate the procurement of budgeted
telecommunications equipment and services on an ongoing basis. Pursuant to City Code
Section 3.02.050, such services can be procured by the Fire Chief/Information Systems Director
and approved by the City Administrator.)
(City Council) Approved the Third Party Indemnification Clause in the Agreement
Between the City and G.E. Capital Modular Space for Trailer Rental for Use by Lifeguards
at the Vincent G. Moorhouse Lifeguard Headquarters (600.10) —Approved the Third Party
Indemnification Clause included in the general terms and conditions of the rental agreement
titled G.E. Capital Modular Space for temporary shower trailer for female lifeguards use by the
Community Services Department. Submitted by the Community Services Director. Funding
Source: Not Applicable. Rental fee is budgeted separately and previously approved by City
Council.
(Redevelopment Agency) Approved License Agreement by and Between Mayer Financial,
L.P., Huntington Beach Wetlands Conservancy, and the Redevelopment Agency of the
City of Huntington Beach Relating to the Degraded Wetland Area (600.30) —1. Approved
the License Agreement by and between Mayer Financial, L.P., Huntington Beach Wetlands
Conservancy, and the Redevelopment Agency of the City of Huntington Beach Relating to the
Degraded Wetland Area; and 2. Approved and authorized the Agency Chairman and Agency
Clerk to execute said agreement. Submitted by the Deputy Executive Director. Funding
Source: Not Applicable.
(City Council) Adopted Resolution No. 2001-22 Approving the Application for Grant
Funds under the California Department of Boating and Waterways' Public Beach
Restoration Program for a Storm Damage Feasibility Study within the Huntington Beach
Blufftop Park Study Area in the Vicinity of Balsa Chica State Beach117t' Street/Pacific
Coast Highway (340.80) — Adopted Resolution No. 2001-22 — "A Resolution of the City
Council of the City of Huntington Beach, California, Approving the Application for Grant Funds
Under the California Department of Boating and Waterways' Public Beach Restoration Program
for a Feasibility Study." Submitted by the Public Works Director. Funding Source: Not
applicable to apply for grant. Expenditures of up to $180,250 will be required by the City to
complete the feasibility study. Funding is proposed for the Fiscal Years 2001-03 General Fund
budget. (The City is participating with the U.S. Army Corps of Engineers to conduct a feasibility
study, Huntington Beach Blufftop Park Storm Damage Reduction Study. The Huntington Beach
Blufftop Park Study Area is defined as the 8,000-foot stretch of coast extending from the
southern boundary of Bolsa Chica State Beach to 17`h Street, and inland to Pacific Coast
Highway (see Attachment No. 1).
(22) May 7, 2001 Council/Agency Minutes - Page 22
(City Council) Accepted Bid from Sancon Technologies, Inc. for the 2000-2001
Community Development Block Grant (CDBG) Sewer Lining Project, CC-1141 for Four
Neighborhood Enhancement Areas. (1) Gothard, (2) Newland, (3) Villa Yorba, and
(4) Washington (600.60) —1. Accepted the lowest responsivelresponsible bid submitted by
Sancon Technologies for the 2000-2001 CDBG Sewer Lining Project, CC-1141; and
2. Authorized the Mayor and City Clerk to execute the Construction Contract in the amount of
$151,700, and 3. Authorize the Director of Public Works to expend an amount not to exceed
$230,049 for construction, contingency, supplementals and extended effort to maximize the
amount of sliplining of deteriorated sewers within the designated CDBG area. Submitted by the
Public Works Director. Funding Source: Community Development Block Grant FY 2000/01
Sewer Repairs Account, $230,049. (Staff is requesting that the balance of the contract amount
be reserved to cover change orders instead of the normal 10% limit set by Resolution No. 4896.
The higher change order percentage will allow staff to line approximately 2,000 additional lineal
feet of sewer mains and 80 additional vertical feet of manholes, within the Enhancement Areas
and within the budgeted amount. The change order work will complete 100% of the application
request.)
(City Council) Approved the Professional Services Contract Between the City and Butier
Engineering, Inc. for Design -Build Manager for Springdale Reservoir (600.10) —
1. Approved and authorized the Mayor and City Clerk to execute the Professional Services
Contract between the City of Huntington Beach and Butier Engineering, Inc. for Design Build
Manager Services for Springdale Reservoir Project, and 2. Authorized the Director of Public
Works to expend monies to cover contract amount of $540,000 and contingencies of $60,000
for a total expenditure not to exceed $600,000. Submitted by the Public Works Director.
Funding Source: $600,000 Water Master Plan Fund Account, Chlorine Room Modifications.
(City Council) Approved Finalization of the Sale of the City's Capacity Rights in the San
Joaquin Reservoir with the Execution of a Quitclaim Deed of Conveyance to the Irvine
Ranch Water District (IRWD) — Approved and Authorized Execution of a Collective
Defense Agreement Re: the California Environmental Quality Act Lawsuit (CEQA) vs.
IRWD Filed by Defend the Bay (600.10) — 1. Approved and authorized the Mayor and City
Clerk to sign the Agreement for the Sale of San Joaquin Reservoir Capacity Rights and
Undivided Real Property Interests and Termination of Trust Agreement for $144,000; and
2. Approved and authorized the Mayor and City Cleric to sign the Quitclaim Deed memorializing
the city's conveyance of its rights in the reservoir to the IRWD; and 3. Approved and authorized
the Mayor and City Clerk to sign the Collective Defense Agreement concerning the CEQA
lawsuit filed by Defend the Bay. Submitted by the Public Works Director. Funding Source:
Water Fund will receive revenues of approximately $150,000.
(City Council) Approved the License Agreement Between the City and Orion Scientific
Corporation for a Jail Booking System (600.10)— 1. Approved and authorized the Mayor
and City Clerk to execute the contract titled Orion CABS M License Agreement between the City
of Huntington Beach and Orion Scientific Corporation; and 2. Authorized the Police Chief to
expend up to $228,000 with $203,030 for software, labor and hardware costs, plus 12%
contingency. Submitted by the Chief of Police. Funding Source: Supplemental Law
Enforcement Safety Fund 96/97 Account and COPS 98 Account in an amount not to exceed
$228,000. (A new booking system will allow the city to interface with many automated systems,
decrease the amount of time an officer uses to book a detainee, and allow use of a live scan
fingerprinting system which ties directly to the Department of Justice records. Eventually, it will
allow field officers to access the jail database from their patrol cars.)
(23) May 7, 2001 Council/Agency Minutes -Page 23
(City Council) Approved Amendment No. 1 to Professional Services Contract Between
the City and V.T. & Associates, Inc. to Provide Harassment Prevention Training for All
City Employees — Extends Period of Contract from June 2001 through May 2002 (600.10)
1. Approved Amendment No. I to Professional Services Contract between the City of
Huntington Beach and V. T. & Associates for Harassment/ Hostile Work Environment Prevention
Instruction and Training and authorize the Mayor and City Clerk to execute same; and
2. Authorized the Director of Administrative Services to expend $33,000 for this purpose.
Submitted by the Administrative Services Director. Funding Source: General Fund
Nondepartmental Account — Training and Schools, $33,000.
(City Council) Approved and Authorized the City Administrator or His Alternate the Fire
Chief/Information Systems Director to Execute a Communication License Agreement
Between Orange County and the Metro Cities Fire Authority Re: the Storage of Metro
Cities Communications Equipment (600.40) — Approved and authorized the Mayor and City
Clerk to execute the Signature Page for City of Huntington Beach for License (Communications
Agreement) by and between the County of Orange and the Metro Cities Fire Authority
authorizing the City of Huntington Beach's Metro Cities Board representative (City Administrator
or Fire Chief/information Systems Director as alternate) to execute the License
(Communications Agreement) between the County of Orange and the Metro Cities Fire
Authority for storing Metro Cities communications equipment. Submitted by the Fire
Chief/information Systems Director. Funding Source: $1,000 processing fee and $600 annual
fee for use of the County's communication facility. Fees will be covered proportionately through
the Metro Cities Fire Authority budget. The City's portion of the Metro Cities budget is included
in the Fire Department budget account.
(City Council) Approved Third Amendment to Agreement with Komex H2O Science for
Studies Related to Urban Runoff/Coastal Remediation (600.10) — Approved and authorized
the Mayor and City Clerk to execute Amendment No. 3 to the Professional Services Contract
between the City of Huntington Beach and Komex H2O Science, Inc. for Ground Water
Investigation in the Vicinity of Downtown Huntington Beach. Submitted by the Public Works
Director. Funding Source: General Fund, Urban Runoff Program Account - $191,974.
(Redevelopment Agency) Approved Transfer of Funds — Redevelopment Agency (320.10)
Approved the appropriation of $200,000 from the Redevelopment Agency fund balance into
Legal Services Operating Account. Submitted by the Deputy Executive Director and the Agency
General Counsel. Funding Source: Unappropriated Redevelopment Agency Capital Projects
Fund Balance in the amount of $200,000. (Legal costs incurred fiscal year to date for all
projects and cases total over $403,000. Expected legal processes relate to Hyatt Grand
ResortlCIMlMulligan/S.E. Area Plan Adoptionl31 Acres -Pacific City.)
(City Council) Approved Final Tract Map No. 15943 of Tentative Tract Map No. 15943 with
Bonds and Agreements for Nine Single Family Dwellings — (Pearl Island Court Located
on nle Corner of Huntington Street and Garfield Avenue) — Approved Subdivision
Agreement between the City and Sassounian, Adams, and Zuckerman, LLC (420.60)
1. Approved Final Tract Map No. 15943 and accept the offer of dedication, improvement, and
bonds; and 2. Approved the Subdivision Agreement by and between the City of Huntington
Beach and Sassounian, Adams, and Zuckerman, LLC for Tract No. 15943 and authorized
execution by the Mayor and City Clerk pursuant to findings and requirements set forth in
Attachment No. 1 to the Request for Council Action as follows: Findings for Acceptance of
Final Map: Final Tract Map No. 15943 is in conformance with the California Subdivision Map
Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15943
(24) May 7, 2001 Council/Agency Minutes -Page 24
conditions of approval as approved by the Zoning Administrator. Requirements: 1.Offer of
dedication and improvements are subject to completion of requirements shown on the tentative
map. 2. The City Clerk is hereby instructed to file bonds with the City Treasurer (Attachment
No. 6): a. Faithful Performance Bond No. 3SM-988-318-00; b. Labor and Material Bond
No. 3SM-988-318-00; and c. Monument Bond No. 3SM-988-319-00 (American Motorists
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. Submitted by the
Planning Director. Funding Source: Not Applicable.
(City Council) Approved the Professional Services Contract Between the City and U.S.
Technical Services for Information Systems Technical Support Personnel (600.10)
Approves and authorizes the Mayor and City Cleric to execute the Professional Services
Contract between the City of Huntington Beach and U.S. Technical Services for Technical
Support Personnel. Submitted by the Fire Chieffinformation Systems Director. Funding
Source: The Information Systems (IS) budget for this fiscal year includes $586,000 for positions
which are currently vacant. Funds available in Salaries and Benefits for transfer to two
Professional Services Accounts for expenditure. No additional funds are needed.
(City Council) Approved Monthly Boarding Fee Increases to Boarders of the Huntington
Central Park Equestrian Center (HCPEC) — Requested by National Equestrian Centers,
Inc. -- Directed Staff to Return in Six Months with Plan for City Reimbursement for
Providing Water to HCPEC (600.35)
The City Council considered a communication from the Community Services Department
requesting approval for an increase in the Huntington Central Park Equestrian Center (HCPEC)
boarding fees as requested by National Equestrian Centers, Inc. (NEC).
Councilmember Bauer requested that this agenda item be removed for separate discussion
from the Consent Calendar to address what is cited in the staff report on page E-2.2 relative to
the city's water services provision.
Community Services Deputy Director Engle responded to Council inquiries regarding the $7 per
month, per stall water fee, as well as other terms of the contract.
After discussion during which time it was determined that the value of the water is $35,000 per
year, Mayor Pro Tern Cook concurred with Councilmember Bauer that the city should recoup
the amount.
Deputy Director Engle informed Council that the business proprietor of the equestrian center,
Mr. Bill Harris is willing to renegotiate the contract and that there is concern over other issues on
both sides.
Mayor Julien Houchen invited the Mr. Harris to speak relative to the issue of water.
(25) May 7, 2001 Council/Agency Minutes - Page 25
Councilmember Garofalo suggested doubling the rate in order to continue providing the services
to the HCPEC. He recommended direction to staff to return in six months with a plan for city
reimbursement for providing water to the equestrian center.
Mr. Harris informed Council of the center's plans to generate revenue to the city.
A motion was made by Bauer, second Green to:
1. Approve the following monthly boarding fee increases at Huntington Central Park Equestrian
Center as requested by National Equestrian Centers, Inc. to be effective upon approval at
this meeting:
12' x 12' Box Stall including tack lockers
12' x 24' Pipe Stall including tack lockers
24' x 24' Pipe Stall including tack lockers
and
Current Fee Proposed Fee
$405 $420
$290 $300
$385 $400
2. Approve as amended, to direct staff to return to Council in six months with a plan for city
reimbursement for water provided to the Huntington Central Park Equestrian Center.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(Redevelopment Agency) Withdrawn to Return at a Date Uncertain — Re: Receiving and
Filing State Controller's Annual Reports for Three Fiscal Years: (1) 1997-1998, (2) 1998-
1999 and (3) 1999.2000 in Compliance with Redevelopment Agency Legal Requirements
(400.20)
The Redevelopment Agency considered a communication from the Deputy Executive Director of
the Redevelopment Agency requesting the Redevelopment Agency to receive and file the State
Controller's Report for fiscal years 1997-1998, 1998-1999 and 1999-2000.
Redevelopment Agency Vice Chair Cook requested that this item be withdrawn from the
Consent Calendar to return at a future meeting (date uncertain). Staff concurred.
(City Council) Approved Reimbursement of Traffic Impact Fees to PLC Land Company for
Street Improvements to Ellis Avenue between Edwards Street and Goldenwest Street as
Required by the Holly Seacliff Development Agreement No. 90-1 — Approved
Appropriation of Funds - Directed City Attorney to Report on Status of Traffic Fee Credit
and Reimbursement Agreement (TFCRA) (600.10)
The City Council considered a communication from the Administrative Services Director
requesting that the city reimburse PLC Land Company for the actual costs of designing street
improvements to Ellis Avenue between Edwards Street and Goldenwest Street as required by
agreements between parties.
(26) May 7, 2001 Council/Agency Minutes - Page 26
Councilmember Bauer requested that this agenda item be removed from the Consent Calendar
for separate discussion in order to inquire as to when the Holly Seacliff Reimbursement
Agreement is anticipated for completion.
City Attorney Gail Hutton responded that staff is currently working on the Traffic Fee Credit and
Reimbursement Agreement (TFCRA) to which Councilmember Bauer had inquired.
City Administrator Ray Silver requested the City Attorney to report back to Council with a
memorandum regarding the status of the TFCRA.
A motion was made by Bauer, second Green to:
1. Authorize the Director of Administrative Services to appropriate $35,844.80 from the Traffic
Impact Fee Fund and reimburse PLC Land Company for actual costs of design and
construction for street improvements to Ellis Avenue;
and
2. Approve, as amended, Direction to City Attorney to Report on Status of the Traffic
Fee Credit and Reimbursement Agreement (TFCRA).
The motion carried by the following roll call vote:
AYES: Green, Boardman, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Cook, Garofalo out of the room)
(City Council) Approved Request by Pacific Coast Homes for Council to Consent to
Pending Sale of Three Properties to Monte Weaver Family Production, LLC at the
Northwest Corner of Main and Holly Sts. (APNs 111-150-31-33) in the Holly Seacliff
Development Agreement Area —Development Agreement No. 90-1 (600.10)
The City Council considered a communication from the Planning Department transmitting a
request made by Pacific Coast Homes for the City Council to provided consent to the pending
sale of three properties to Monte Weaver Family Production LLC. The properties are subject to
the Holly Seacliff Development Agreement. Section 4.2 of the Holly Seacliff Development
Agreement requires the city to provide consent to the sale of the properties covered by the
Development Agreement if the sale is to a party not affiliated with the Developer and if all public
improvements have not been completed. Staff has performed due diligence regarding the
pending safe of these properties and recommends that the City Council provide consent to the
sale to Monte Weaver Production LLC.
Councilmember Dettloff requested that this agenda item be removed from the Consent
Calendar for separate discussion. She noted that the property is zoned for medium density
residential. Councilmember Dettloff inquired if there are certain terms under which the city is
subject in the Holly Seacliff Development Agreement relative to the proposed pending sale of
the property by Pacific Coast Homes to Monte Weaver Family Production LLC, and expressed
the following concerns:
1. The new company's intended use for the property;
2. The new company's expertise in the area of property development; and
(27) May 7, 2001 Council/Agency Minutes - Page 27
3. The city's role in the acceptance of the sale (i.e., what is the criteria for determining financial
security and benefit to the city).
In response to Councilmember Dettlofrs concerns, Planning Director Zelefsky stated that the
transfer of sale will enable the development of 13 units on the site by the new owner, Monte
Weaver Family Production, LLC
City Attorney Hutton reported that the assumption of the responsibility to meet the conditions of
the agreement rests with the new owner. She stated that the city is going to hold the property
owner accountable, and make the determinations that assure the new owner's continued
responsibility for infrastructure and other improvements.
A motion was made by Dettloff, second Boardman Council approve the following actions:
1. Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request
by Pacific Coast Homes for the City Council to provide consent for the pending sale of
property at the northwest corner of Main and Holly Sts. (APNs 111-150-31-33) to Monte
Weaver Family Production, LLC;
and
2. Approve and authorize the Mayor and City Clerk to execute the Certificate of Consent to the
Sale of Property and the Assumption of Rights, Duties and Obligations by and between the
City of Huntington Beach, Pacific Coast Homes, and Monte Weaver Family Production LLC.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Garofalo out of the room)
(City Council) Approved the Transfer of General Funds to the Ocean View Estates (OVE)
Enterprise Fund for the Maintenance of the OVE Mobilehome Park Located on the n1e
Corner of Ellis Avenue and Goldenwest Street — Authorized and Designated the Real
Estate Services Manager or his Designee as the Ocean View Estate Enterprise Fund
Manager (320. jet)
Nb
The City Council considered a communication from the Administrative Services Department
submitting that there is a need to transfer funds to establish the Ocean View Estates (OVE)
Enterprise Fund that was approved as part of the FY200012001 Budget.
Councilmember Bauer requested that this agenda item be removed from the Consent Calendar
for separate discussion, to inquire as to the fair market value of the mobilehomes.
Real Estate Services Division Manager Matthew Lamb responded, naming the number of
coaches listed at fair market value which are situated at the Ocean View Estates and at the
Huntington Shores Mobilehome Parks. Real Estate Manager Lamb informed Council that the
homes in Driftwood Estates, a relocation park for the OVE coaches, is currently undergoing a
conversion of its rates to fair market value.
(28) May 7, 2001 Council/Agency Minutes - Page 28
Councilmember Bauer requested that each member of Council receive a copy of a proforma for
the property. City Administrator Silver stated he would provide a proforma.
Councilmember Boardman expressed the concern that if this is an Enterprise Fund, referring to
page E-19.2 of the staff report, the city may be required to lower its space rents.
Real Estate Services Division Manager Lamb assured Council that with respect to calculations,
no such conflict exists with the Enterprise Fund.
Further discussion followed. City Administrator Silver requested to review how the coaches
were purchased to discover if another fund is going to need reimbursement.
Mayor Julien Houchen asked the fair market value, to which Real Estate Services Manager
Lamb responded that the benchmark rate is $600 per space at the median income level.
Councilmember Bauer suggested that the profits be returned to the Parkland Acquisition Fund,
as he stated had been recommended by a previous City Council.
A motion was made by Bauer, second Green to:
1. Authorize and designate the Real Estate Services Manager as the Ocean View Estates
Enterprise Fund Manager, and authorize the Real Estate Services Manager to:
2. Transfer all space rent proceeds to date, estimated at $86,663, from Account No.
10000100.43165 to the OVE Enterprise Fund; and
3. Transfer all option/sale proceeds, estimated at $56,000, from Account No. 10000100.48550
to the OVE Enterprise Fund; and
4. Direct all current and future space rent and other OVE revenues to the OVE Enterprise
Fund; and
5. Approve the position of Finance Officer, Central Services Manager, Risk Manager as
designees of the Ocean View Estates Enterprise Fund Manager, to act in his absence; and
6. Approve, as amended the foregoing actions subject to providing a proforma for Council.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(29) May 7, 2001 Council/Agency Minutes - Page 29
(City Council/Redevelopment Agency) Adopted Agency Resolution No. 319 — Approving
Bond Proceeds as Funding Source — Approve an Owner Participation Agreement with
KDF QV, L.P. for Acquisition and Rehabilitation of the Quo Vadis Apartments under the
HOME Partnership Affordable Housing Program Located at 18992 Florida Street —
Authorize Temporary Waiver of and Staff Direction to Take Action on the City's Insurance
Requirements by the Close of Escrow (600.30)
The City Council/Redevelopment Agency considered a communication received from the
Director of Economic Development/Deputy Executive Director transmitting that an Owner
Participation Agreement (OPA) between the Agency and KDF QV, L.P. is submitted for
approval. This agreement provides for a loan in the amount of $1,700,000 of HOME Investment
Partnership Program funds and Agency Housing Set Aside funds for the acquisition and
rehabilitation of Quo Vadis Apartments, located at 18992 Florida Street. In addition, Agency
Resolution No. 319 is submitted for adoption. This resolution would allow the Agency to
substitute bond proceeds as the source of financing for this project, at some point in the future,
should it become feasible.
Deputy Executive Director David Biggs provided a brief PowerPoint slide report that had been
announced earlier by the City Clerk as a Late Communication. The communication is dated
May 7, 2001 and titled Affordable Housing Loan Agreement with KDF QV, LP — Quo Vadis
Apartments.
Mayor/Agency Chair Julien Houchen sought the advice of City/Agency Clerk Brockway who
confirmed that the following motions should be considered separately by the City Council and
the Redevelopment Agency:
A motion was made by Garofalo, second Green to temporarily waive the City's insurance
requirements for the purpose of approving the Agency loan. Direct staff to ensure that
insurance requirements as described in the Owner Participation Agreement are met by KDF
QV, L.P. by the close of escrow. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
A motion was made by Garofalo, second Green to:
1. Approve the Owner Participation Agreement with KDF QV, L.P. for $1,700,000 using
Agency Housing Set Aside and HOME Investment Partnership Program funds for the
acquisition and rehabilitation of 18992 Florida Street;
and
2. Appropriate $1,027,000 from the Agency Housing Set Aside Fund to pay for site acquisition
costs;
and
3. Authorize execution and recordation of the OPA, all attachments, and other necessary
related documents by the Agency Chairman and Clerk, when advised by the Agency
General Counsel's Office;
(30) May 7, 2001 Council/Agency Minutes - Page 30
and
4. Authorize the wire transfer of Agency funds in the amount of $1,700,000 to First American
Title Company to effect the closing of the acquisition escrow;
and
5. Adopt Resolution No. 319 —"A Resolution of the Redevelopment Agency of the City of
Huntington Beach Declaring Intention to Reimburse Expenditures from the Proceeds to Tax -
Exempt Obligations and Directing Certain Actions,"
and
6. Authorize acceptance of deposit funds from KDF Communities, L.L.C. to cover Agency
expenses associated with this transaction, authorize expenditure of such deposit funds to
pay for project costs, authorize reimbursement to KDF Communities, L.L.C. of any unspent
deposit funds after the close of escrow, and authorize the Executive Director to enter into
any required reimbursement agreement in connection therewith. (KDF Communities, L.L.C.
is one of the partners of KDF QV, L.P. as described in the staff report.)
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3497 Amending the California Public Employees'
Retirement System (PERS) Contract to Provide Section 21362.2 (3% @ 50 Full Formula)
Benefit for Local Firefighters (700.50)
The City Council considered adoption of Ordinance No. 3497 amending the contract with the
Public Employees' Retirement System (PERS) to provide Section 21362.2 (3% @ 50 full
formula) benefit for local fire safety members.
After the City Clerk read by title, a motion was made by Dettloff, second Garofalo to adopt
Ordinance No. 3497 -- "An Ordinance of the City of Huntington Beach Authorizing an
Amendment to the Contract between the City Council of the City of Huntington Beach and the
Board of Administration of the California Public Employees' Retirement System" to amend the
PERS contract to provide Section 21362.2 (3% @ 50 Full Formula) benefit for local fire
members_ The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Announcement of Memorial Day Services Ceremony at City Hall, 2000
Main Street on May 28, 2001 (11:00 A.M. to 12 Noon) (160.10)
Mayor Julien Houchen announced that Bob Kakuk could not be in attendance at this evening's
meeting to announce the Memorial Day Services Ceremony. She stated that Mr. Kakuk is going
(31) May 7, 2001 Council/Agency Minutes - Page 31
to be present at the May 21, 2001 Council meeting. Mayor Julien Houchen extended an
invitation to everyone to the event, which is to be held at City Hall, 2000 Main Street on
May 28, 2001 from 11:00 A.M. to 12 Noon. Mayor Julien Houchen stated that the names of two
honorees who served in the Korean War will be added to the monument and that she wanted
everyone to note the new receptacle for fresh flowers that had been installed in front of the
plaque.
(City Council) Reconsidered the Adoption of Ordinance No. 3495 Approved for Adoption
at the April 16, 2001 Council Meeting Relative to the Increase of Speed Limits on Heil
Avenue (580.60)
Councilmember Garofalo referred to the public comments made regarding the increase in the
speed limit on Heil Avenue from 35 to 40 miles per hour. Upon receiving advisement from City
Attorney Hutton that reconsideration would be the proper course of action, Councilmember
Garofalo made the following motion relative to Ordinance No. 3495:
A motion was made by Garofalo, second Dettloff to reconsider the adoption of Ordinance
No. 3495, which had been approved for adoption at the April 16, 2001 meeting, relative to the
increase of speed limits on Heil Avenue. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
Councilmember Garofalo stated that he was impressed by the dignity and respect exhibited by
the group who was present in support of the family of the Oakview neighborhood youth.
Adjournment — City Council/Redevelopment Agency
Mayor Julien Houchen adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach at 10:50 p.m. to Monday,
May 21, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach,
California.
i
City Clerk and ex-officio ClerlyAf the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
4w'
City Clerk -Clerk ayor-Chairman