HomeMy WebLinkAbout2001-07-16 (6)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, July 16, 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 5:08 p.m. in Room B-8.
City Council/Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer (Garofalo arrived at
5:09 p.m.)
Absent: None
City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings Act) the City Clerk announced two Late
Communications:
The first Late Communication announced required a vote to add the following item to the
agenda: Communication from the City Attorney dated July 16, 2001 regarding the need to take
Council action on an item on the AES Huntington Beach power plant and the South Coast Air
Quality Mgmt. District (AQMD), which arose subsequent to the posting of the agenda. The title
of the Late Communication is Matter of AES Huntington Beach Generating Station Retool
Project, AQMD Title 5 Permit Revision of May 30, 2001: The Need to Take Action Pursuant to
Government Code § 54954.2(b)(1).
The second Late Communication announced pertains to an agenda item: Communication
regarding the Study Session agenda item received from the Economic Development
Department, which was distributed at the meeting. The Late Communication is an Inter -Office
Memorandum dated July 16, 2001 transmitting a PowerPoint slide report titled Market Study of
Mobile Homes in Huntington Beach.
(2) July 16, 2001 - Council/Agency Minutes - Page 2
(City Council) Study Session — Received Presentation by the California State University
at Fullerton Center for Demographic Research of the Mobile Home Park Study Results —
Council to Receive a Recalculated Statistical Report Minus the Inclusion of Two Mobile
Home Parks with the Highest and the Lowest Rental Charges (430.60)
Acting City Administrator William P. Workman presented an oral report.
Economic Development Director David Biggs provided background history on the mobile home
study, stating that a Council request from former Councilmember Dave Sullivan initiated the
Council action directing the survey.
Director Biggs introduced Dr. Bill Gayk, Director of the Center for Demographic Research at
California State University at Fullerton, who presented the PowerPoint slide report announced
by the City Clerk as a Late Communication.
Dr. Gayk reported on the major findings of the recently completed Mobile Home Study, which
includes a survey of all mobile home parks and owners within the city. He stated that the study
has a margin of error of less than 3%, referring to the PowerPoint slide titled Methodology.
Dr. Gayk spoke on the number of face-to-face interviews conducted and the number of returns
from the mail survey to substantiate his foregoing claim. He informed Council that the results
received are comprehensive for this type of study.
Dr. Gayk invited Council discussion at the end of his PowerPoint slide presentation, during
which time Councilmember Garofalo inquired regarding the bulleted points on the portion of the
slide report titled Rate of Increase.
Councilmember Garofalo asked questions regarding the older population in regard to fixed
income and inquired if this is a "county phenomena." Dr. Gayk responded that data had not
been collected on that particular aspect.
Councilmembers also presented Dr. Gayk with inquiries regarding the final written report dated
July 14, 2001 and titled Market Study of Mobile Homes in Huntington Beach, which had been
submitted by the Economic Development Department and included in the agenda packet.
Councilmember Boardman referred to the graph on page 23 of the final report, titled Percentage
Rates of Space Rent Increases for Huntington Beach and Orange County Mobile Home Parks
and the Consumer Price Index, 1990 — 2000. Councilmember Boardman inquired as to the
number of occasions during which staff provided a list of addresses. Dr. Gayk responded that
the data was not collected. Councilmember Boardman expressed the concern that a vocal critic
or resident address could have been inadvertently omitted from the survey.
Councilmember Boardman asked if face-to-face interviewees were mailed surveys as well, to
which Dr. Gayk answered that mailers had not been sent out to those for which interviews were
conducted.
A discussion was held regarding the unavailability of information from seven parks on specific
rental increase amounts as reported on page 10 of the survey. Dr. Gayk informed Council of
reasons relating to the short tenure of the managers at those parks.
(3) July 16; 2001 - Council/Agency Minutes - Page 3
Dr. Gayk provided a hypothesis as to why the rental increases at parks have been closer to the
Consumer Price Index in recent years than they have been in the past, in response to questions
raised by Councilmembers with regards to the table titled Estimated Percent Increase of Yearly
Rental Amounts by Park shown on page 11 of the final report.
Mayor Pro Tern Cook invited Dr. Gayk to speculate upon the large turnover in park residents.
Dr. Gayk surmised that the advanced age, on the average, of the mobile home park population
is most likely the number one reason while the upgrading of manufactured homes is the number
two.
Councilmember Green stated that he was unable to make the correlation between the table on
page 7 titled Vacancies and Known Mobile Homes for Sale, January 2001 and the statement
shown at the bottom of page 9 of the final report, which reads that "The average rental amount
for the City is $535." Councilmember Green expressed the opinion that the aforementioned
table does not appear to support the statistic presented.
The point was raised that although mobile home parks located closer to the ocean are expected
to charge higher rents than those in the interior, the report appears to reflect that the converse is
true. Dr. Gayk informed Council that the beach cities of Laguna and Dana Point charge prices
that tend to skew the figures, and spoke further of park amenities. Dr. Gayk cited page 22 of
the final report, stating that "The average rent reported from 62 parks and for 9438 spaces is
$680."
Councilmember Dettloff referred to a chart on page 11 of the final report titled Estimated
Percent Increase of Yearly Rental Amounts by Park, inquiring if the rates charged by Cabrillo
Mobile Home Park skews the average as its statistics are aberrant. Dr. Gayk concurred,
however qualifying that the figures do not distort the results to a great extent as the statistics for
said park are mixed in with those of 17 others.
Councilmember Boardman suggested that a park be excluded from the statistics if it is anomaly,
and requested a recalculation of the average without it.
Councilmember Green referred to page 15 of the final report, expressing his surprise that 80%
of mobile home park residents are unaware of the availability of rental assistance programs.
Councilmember Green suggested that this is a good opportunity for follow-up by the Mobile
Home Council Committee.
Councilmember Garofalo expressed his surprise at the relationship between the average
Huntington Beach rents and the rest of the county, receiving a response in the negative to his
question if residents outside the city had been interviewed.
A request was made for Councilmembers receive a recalculated statistical report without
inclusion of two mobile home parks that have the highest ($3580/mo) and the lowest ($109/mo)
rental charges.
(4) July 16, 2001 - Council/Agency Minutes - Page 4
(City Council) Approved Motion to Take Action on a Need that Arose Subsequent to the
Posting of the Agenda Pursuant to Government Code § 54954.2(b)(1) Re: the AES
Huntington Beach Generating Station Retool Project, Air Quality Management District
(AQMD) Title 5 Permit Revision of May 30, 2001 (120.80)
A motion was made by Cook, second Boardman to take action which arose subsequent to the
posting of the agenda on the above -captioned item. The motion carried by the following roll call
vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
Motion to Recess to Closed Session — Approved
A motion was made by Cook, 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
(Redevelopment Agency) Closed Session — Pursuant to Government Code Section 54956.8
to give instructions to the Agency's negotiator, David Biggs Deputy Executive Director of the
Redevelopment Agency and Gus Duran, Housing and Redevelopment Manager, regarding the
sale, lease and price of the property identified as 7945 Aldrich Avenue — Day Care Facility
within the Huntington Center Redevelopment Project Sub Area. Agency may negotiate with
Didier and Sally Camilleri, per Government Code Section 54954.5(b). Instructions will concern
both Price and Terms of Payment. Subject: Acquisition of Property Located at 7945 Aldrich
Avenue — Day Care Facility within the Huntington Center Redevelopment Project Sub
Area. (400.50)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is City of Huntington Beach and City of Fountain Valley
v. Orange County Water District; OCSC, Court Case Nos. 815921 and 818852. Subject: City of
Huntington Beach and City of Fountain Valley v. Orange County Water District. (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 Ionic Construction Company v. City of Huntington
Beach, et al., Orange County Superior Court Case No. OOCC03470. Subject: Ionic
Construction Company 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 Mills Land & Water Company v. City of Huntington
Beach, et al.; Court of Appeal, 4 Appellate District; Civil No. G0220490; Orange County
Superior Court Case No. 739412 ("Mills I"); Mills Land & Water Company v. City of Huntington
(5) July 1.6, 2001 - Council/Agency Minutes - Page 5
Beach, et al.; Orange County Superior Court Case No. 763624 ("Mills II"). Subject: Mills Land
& Water Company v. City. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer
with its city attorney regarding pending litigation. Based on existing facts and circumstances,
the legislative body of the local agency has decided to initiate or is deciding whether to initiate
litigation. Number of Potential Cases: One. Subject: In Re Eric J. Williams, Chapter 7
Bankruptcy Debtor. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:20 P. M.
(City Council) Announcement Made by the City Attorney of Action Taken in Closed
Session Pursuant to Government Code Section 54957.1 at the October 21, 1996 Council
Meeting to Approve the Amended Consent Decree (Settlement Agreement) — United
States v. Montrose, Chemical United States District Court Case No. CV 90-3126 (AAH)
(120.80)
City Attorney Gail Hutton reported that the City Council in closed session on October 21, 1996
unanimously voted with no Councilmembers absent, to approve the Amended Consent Decree
(Settlement Agreement) and authorized execution by the Mayor and City Clerk. The City, on
June 20, 2001 received notice that on April 10, 2001 the Ninth Circuit Court of Appeals
dismissed an appeal challenging the consent decree, thus bringing a conclusion to this litigation.
City Council/Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent: None
Flag Ceremony and Pledge of Allegiance — Cub Scouts Pack 1450, Den #3, Cubmaster,
Tova Gottesmann; Den Mother, Dana Oda.
Invocation — Led by Kelly Shanley, Media Production Coordinator
City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings Act) the City Clerk announced the following Late
Communications on items that pertain to the agenda:
The first Late Communication announced required a vote a vote earlier in the meeting to add
the following item to the agenda: Communication from the City Attorney dated July 16, 2001
regarding the need to take Council action on an item on the AES Huntington Beach power plant
and the South Coast Air Quality Mgmt. District (AQMD), which arose subsequent to the posting
of the agenda. The title of the Late Communication is Matter of AES Huntington Beach
Generating Station Retool Project, AQMD Title 5 Permit Revision of May 30, 2001: The Need to
Take Action Pursuant to Government Code § 54954.2(b)(1).
Communication from the Economic Development Department dated July 16, 2001 transmitting a
PowerPoint slide report titled Market Study of Mobile Homes in Huntington Beach.
(6) July 16, 2001 - Council/Agency Minutes - Page 6
Slide show presentation dated July 16, 2001 from Shari Freidenrich, City Treasurer titled
Treasurer's Report.
Communication dated July 13, 2001 from David K. Culberson, Chief Executive Officer of
Huntington Beach Hospital transmitting his opposition to the proposed rezoning of the 13.8 acre
Huntington Beach Hospital complex. Communication titled Zoning Map Amendment No. 01-01
(Huntington Beach Hospital Complex).
Slide show presentation dated July 16, 2001 from the Economic Development Department titled
Preliminary Plan Southeast Coastal Redevelopment Project.
Communication dated July 16, 2001 from John F. Scott, Chairperson of the Southeast
Huntington Beach Neighborhood Association transmitting the opinion of the Association
regarding the Southeast Coastal Redevelopment Project Area. Communication titled Letter for
Public Comment on Redevelopment (Item F-2).
Slide show presentation dated July 16, 2001 from the Administrative Services Department titled
Fixing the Fiscal Year 200112002 Tax Rate for the City of Huntington Beach.
Mayor's Award to Carolyn Strook, Administrative Assistant, in appreciation of her exemplary
service in the Fire Department. Fire Chief Michael Dolder spoke regarding the fine service she
has consistently given to the public and city staff, which is always offered with courtesy. Chief
Dolder spoke of Ms. Strook's valuable contribution to the city for nearly 30 years. (120.70)
(City Council) Announcement Made by Mayor Julien Houchen Regarding the Year 2001
Fourth of July Event (120.70)
The Mayor and Council congratulated the Fourth of July Board Executive Board members and
volunteers and all city staff of the Community Services, Police, and Public Works Departments,
who worked to make the holiday celebration a wonderful event.
(City Council) Announcement Made by Mayor Julien Houchen of Images of America, a
Historical Book Available for Purchase at the City Clerk's Office (910.20)
Mayor Julien Houchen announced a history book titled Images of America which has
photographs of the city to be made available for purchase by calling the City Clerk's Office at
(714) 536-5227.
Public Comments
Steve Gullage stated his intent of providing an update on the damage caused to mobile homes
at the Huntington -by -the Sea Mobile Home Park regarding the alleged damage to mobile homes
from construction activities on the adjacent property where the Beach Maintenance Facility is
being built. He spoke of the removal and alleged deposit near the park of contaminated soil,
expressing concern over the welfare of the residents and the respiratory ailments he stated that
they have suffered due to dirt and dust. Mr. Gullage spoke regarding the responsiveness of
Public Works staff and Councilmember Boardman in their support of the mobile home
community, but stated that much could have been avoided if the citizens had been notified
beforehand, prior to construction.
(7) July 16; 2001 - Council/Agency Minutes - Page 7
Sandra Cole stated that she is continuing the first speaker, Mr. Gullage's update. Ms. Cole
informed Council of the assistance received from the City Clerk's Office and Deputy
City/Principal Engineer Doug Stack with regard to notifying the mobile home residents of the
temporary dirt stockpiling operation and the process they may follow with regard to filing the
claims. Ms. Cole also commended the City Administrator, the Public Works Director, and
Councilmembers Boardman and Cook as being kind and responsive to the needs of the mobile
home community.
James Kinnu, Fountain Valley resident, stated that his purpose for coming is to address the
Fountain Valley City Council's plan to vote on the Talbert Sea Water Barrier Improvement
Project. He stated that this project is part of the Orange County Water District/Orange County
Sanitation District Reclamation Program. Mr. Kinnu informed Council that if approved, two
injection wells will be installed on the existing barrier west of Ellis Avenue, and south of the
Southern California Edison easement, cautioning that the approval will set a precedent for other
cities, such as Huntington Beach to follow suit. He spoke regarding the possible danger to
children with the above ground installation of the wells in the parks, requesting Council to
support the position to close off Newland Street and install them under street -level.
Daniel Rofoli spoke in opposition to the agenda item on the Redevelopment Agency Annual
Reports, inquiring why three years are being filed simultaneously, when the legal requirement is
to file them on a yearly basis. He requested to have the Driftwood affordable housing, mobile
home units replaced, asserting that the Agency has an obligation to establish a new
Redevelopment District but objecting to the development of affordable housing on Sher Lane as
having no correlation to Southeast Huntington Beach. Mr. Rofoli provided reasons of
gentrification; stating that setting boundaries on Sher Lane will cause economic and racial
segregation as it is his belief that the area has the greatest concentration of low-income and
minority residents in the city.
Stefan Rubendall protested the Ocean View School District (OVSD) Board's mitigated negative
declaration of three gymnasiums. He expressed his frustration over what he views as OVSD's
circumvention of CEQA (California Environmental Quality Act) requirements, stating that the
documents lack full disclosure of what he alleges as negative impact with regard to traffic, noise
and landscape issues. Mr. Rubendall clarified that he did not object to the construction of the
gyms, but to the Board's refusal to quantify the scope of the school district's participation in
taking responsibility for the activities to take place there. Mr. Rubendall stated that litigation is
the only action, and encouraged the city to file a lawsuit.
Joey Racano announced that the newspapers.failed to cover the Orange County Sanitation
District's hosting of an adjourned regular City Council meeting held Saturday, July 14, 2001 at
the OCSD plant to address the quality of coastal waters. He rebutted the reasoning presented
by OCSD that feces from birds are the cause of ocean pollution, stating that he conducted a
fact-finding mission to coastal areas such as Goleta and Morro Bay. Mr. Racano expressed his
pleasure at the Surfrider Association's opposition to the 301(H) waiver.
Mark Baskin, member of The Citizens' Committee to Save the Parks, informed Council that he
concurs with the previous public commentator, Mr. Kinnu, in his opposition to the installation
oftransmission lines approved for Harper and Langenbeck Parks. He spoke regarding above
ground lines as detrimental to the aesthetics of the community. Mr. Baskin requested that
Council support the position not to install injection wells in Fountain Valley, cautioning that
(8) July 16, 2001 - Council/Agency Minutes - Page 8
Huntington Beach could also later be affected. He recommended that the lines be installed
underneath Newland Street.
Topper Horack expressed his appreciation to Mayor Pro Tern Debbie Cook and
Councilmembers Ralph Bauer and Connie Boardman for their attendance at the Banning
Bridges meeting and at the Air Quality Management District (AQMD) meeting. Mr. Horack also
spoke in favor of Councilmember Bauer's agenda item requesting that the Orange County
Transportation Authority (OCTA) hold a public hearing regarding the Santa Ana Bridges'
Environmental Impact Report (EIR).
Gerald Chapman, Co -Chair of the Equestrian Event Summer Classics, informed Council that
the event, which he has participated in for the last 11 years has become one of the premier
equestrian events and one that has raised $600,000 for the Art Center. He sought Council
assistance with the Equestrian Center being deprived of the temporary wash racks for horses
due to a contamination problem. Dr. Chapman expressed the fear that future participation in the
event will suffer if. the lack of the availability of these facilities continues.
Acting City Administrator Workman stated that he and Public Works Director Beardsley are
addressing this problem.
Norm Westwell commended Councilmember Bauer on a show the Councilman had aired on
public television, presenting his opinion on the type of TV programming the city needs. He
spoke regarding the Fourth of July fireworks activities held in his neighborhood and requested
that the city allow fireworks at the Pier. Mr. Westwell furnished his website: modernpublic.com
and a public chat room. He announced a show that.he co -produced with former
Councilmember Dave Sullivan on the Howard Jarvis property tax lawsuit, which is to be telecast
that evening at 9:30 p.m. on the Channel 6 public access station.
Don McGee lodged a complaint against what he considers to be invasive advertising on low -
flying, banner -towing, and noisy aircraft. Mr. McGee requested that police helicopters monitor
and enforce laws regarding flying height limits.
Mary Antonelli presented a copy of the July 13th edition of the Orange County Weekly
newspaper, requesting that Councilmember Dave Garofalo confirm the accuracy of an article
written about him.
Cindy Huynh, California State University, Long Beach student, spoke regarding sewage
dumping, urging that all measures be taken to clean up the ocean.
Pat Matzke spoke in opposition to the mitigated negative declaration given to the Ocean View
School District (OVSD), stating that the California Environmental Quality Act (CEQA) study
provided by OVSD is not supported by facts. She stated that she is neither opposed to the
gymnasium nor to children, but is concerned over health and safety issues. Ms. Matzke
requested Council to consider a legal challenge to what she views as a flawed negative
declaration, stating that a full and factual environmental impact document is needed.
Irwin Haydock, former Orange County Sanitation District (OCSD) Director, informed Council
that he was in charge of the ocean program. He spoke regarding Council's adjourned regular
meeting held Saturday, July 14, 2001 at the OCSD facility. Mr. Haydock stated that his letter
regarding his opinion that the discharge of partially treated effluence is responsible for the
(9) July 16, 2001 - Council/Agency Minutes - Page 9
beach closure in 1999, failed to be presented at the meeting. He also addressed the lack of an
adequate answer being given by OCSD to Councilmember Dettloff's inquiry as to what can be
done in the short term. Mr. Haydock recommends the chlorination of effluence and also partial
secondary treatment.
Curtis Zavodny addressed ocean pollution, the 301 (H) waiver permits issued in other cities,
and the problems caused by "brown water" encountered when surfing. He questioned how
extension of the 301 (H) waiver can be obtained without an amendment to Federal Clean Water
Act. Mr. Zavodny thanked Council for holding the adjourned regular meeting with the Orange
County Sanitation District. He expressed dissatisfaction at not having been provided an
opportunity to make public comments at the meeting.
Doug Korthof, Seal Beach resident, commented on the ignorance over the issue of the 301 (H)
waiver. He stated that no one understands the depth of the problem, and that the Orange
County Sanitation District (OCSD) has been operating under this waiver for decades.
Mr. Korthof recommended the secondary treatment of water, citing as an example the Least
Tern preserve in Los Angeles, which he stated has a great number of fish due to having less
bacteria than the ocean in Huntington Beach.
Lou Baker relayed that his request for receiving samples was denied by the Orange County
Sanitation District, when he wanted to test primary and secondary treated water. Mr. Baker also
spoke in opposition to the high cost of the downtown parking meters.
Peter Herzog, representative of Property Owners for Property Rights, spoke regarding the
Market Study of Mobile Homes in Huntington Beach presented at the 5:00 p.m. portion of
Council meeting. He expressed the belief that the results prove the city has affordable housing
space rental charges for mobile homes. He provided statistics on foreclosure rates. Mr. Herzog
stated that mobile home park owners will inform mobile home park residents of sources of
financial assistance available to them.
Leonard Crane spoke in support of Ocean View School District's plan for the gymnasiums,
stating the opinion that they will raise property values. Mr. Crane stated that he could not
comprehend why anyone would think a school district could misuse an educational facility.
Mr. Crane commended the City Council secretary who was very professional in her dealings
with him when he lodged his complaint and problem.
Mayor Pro Tern Cook invited persons to call the Council office regarding subject matters
brought up under public comments; that Council cannot take action at that evening's meeting as
the items are not on the agenda. Mayor Julien Houchen provided the phone number of Cathy,
the Council Secretary at 714-536-5553, and identified her as the "nice lady" commended by the
last public speaker.
(City Council) Continued from June 18, 2001 — Approved Submittal by the Children's
Needs Task Force (CNTF) of a Proposition 10 Capacity Building Grant Application which
will Provide an Organizational Infrastructure for a Future Multi -Service Family Resource
Center — Directed CNTF to Present Status Report to Council by First Meeting in November
2001 (340.60)
The City Council considered a communication from the Children's Needs Task Force Council
Liaisons Pam Julien Houchen and Shirley Dettloff informing Council that the Children's Needs
(10) July 16, 2001 - Council/Agency Minutes - Page 10
Task Force (CNTF) heard the City Council's concerns at the June 18, 2001 meeting and has
decided to not apply for the full program grant. Instead, they are seeking approval to submit a
Capacity Building or "Planning" Grant application to eventually develop a Multi -Service Family
Resource Center.
Council liaison Dettloff presented an oral report, reiterating the Request for Council Action
(RCA): The Capacity Building Grants are intended to provide one-time start-up funding for
agencies to assist in developing the organizational and service infrastructure to effectively
provide services in the future. This grant would enable the CNTF to hire, by contract, a
coordinator for this planning stage. During this planning stage, products will include a business
plan, options for a location for the center, budget and long-term funding sources and other
sustainability issues.
The staff report sets forth that as stated previously, it is the intent of the CNTF that the General
Fund will not pick up the costs of this program if outside funds are not able to fully pay for it.
A motion was made by Dettloff, second Green to:
1. Approve the submittal of a Proposition 10 Capacity Building Grant application; and
2. Have the CNTF bring a status report back to City Council by the first meeting in November
2001.
The motion carried by the following roll call vote:
AYES: . Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Directed Staff to Provide the Downtown Issues City Council Committee an
Analysis Regarding Closure of Main Street Relative to Vehicular Traffic — Amended to
Include Consideration of Parking Master Plan and Coastal Commission Parking
Replacement Requirements (120.90)
The City Council considered communication received from the Downtown Issues City Council
Committee liaisons, Mayor Pam Julien Houchen and Councilmember Dave Garofalo informing
Council that on June 22, 2001, the Downtown Issues City Council Committee voted 2-0 to
request that Council ask staff to provide the Committee a written analysis to include various
alternatives and costs related to possibly closing Main Street to vehicular traffic in the downtown
area. Members of the Downtown Issues City Council Committee include Mayor Julien Houchen
(Chair) and City Councilmembers Garofalo and Dettloff. City Councilmember Dettloff was not in
attendance.
Mayor Julien Houchen delivered an oral report, suggesting options to consider for closure of
Main Street such as weekends only, summer event times, etc. She stated that the proposal has
the support of the downtown merchants and is in cooperation with the Police Department. The
Mayor announced that the objectives are to maximize the downtown, and to eliminate traffic
congestion in the area.
In response to Councilmember Boardman's request to identify the blocks which would be closed
down, Mayor Julien Houchen responded that as yet there is not a proposal; it could be the first
(11) July 16, 2001 - Council/Agency Minutes - Page 11
block only, or include others. The Mayor suggested that the Downtown Issues Committee meet
once a month in order to have a good dialogue.
Councilmember Bauer expressed the concern that the proposal for closure is too open-ended
and requested the setting of limits. Councilmember Bauer presented the following for
consideration: 1) Parking Master Plan requirements; and 2) Coastal Commission parking
replacement requirements.
Mayor Julien Houchen stated that the intent is to include the foregoing concerns in the report.
A motion was made by Houchen, second Garofalo to direct staff to provide the Downtown
Issues City Council Committee a written analysis including various alternatives and costs
associated with the possibility of closing Main Street to vehicular traffic in the downtown area,
and approve as amended to include consideration of Parking Master Plan and Coastal
Commission Parking Replacement Requirements. The motion carried by the following roll
call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Accepted Presentation of Economic Development Department Spotlights —
Parkside Court Townhouse (Talbert -Beach Redevelopment Sub -Area Project) at Talbert
Avenue and Beach Boulevard (160.10)
Gus Duran, Housing/Redevelopment Manager delivered the PowerPoint presentation regarding
the Parkside Court development located in the Talbert -Beach Redevelopment Project sub area.
The slide report included in the agenda packet is dated July 16, 2001 and titled Departmental
Spotlights — Economic Development.
Councilmember Green asked the name of the developer. Housing/Redevelopment Manager
Duran responded that the builder is Bijan Sassounian, who he stated has a long-standing
working relationship with the city.
At Councilmember Bauer's request, Housing/Redevelopment Manager Duran reported on the
fact that city has exceeded all the goals for Redevelopment affordable housing requirements.
(City Council) Reviewed and Accepted City Treasurer's May 2001 City of Huntington
Beach Summary of City Investment Portfolio, Bond Proceeds, and Deferred
Compensation Activity (310.20)
The City Council considered a communication from the City Treasurer transmitting the Monthly
Investment Report for May 2001.
City Treasurer Shari Freidenrich presented the PowerPoint slide report that had been
announced by the City Clerk as a Late Communication. The slide show presentation is dated
July 16, 2001 and titled Treasurer's Report.
City Treasurer Freidenrich stated that the City Investment Portfolio has increased by $5 million,
as reflected in the chart accompanying the staff report, titled City of Huntington Beach —
(12) July 16, 2001 - Council/Agency Minutes - Page 12
Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
May, 2001.
City Treasurer Freidenrich reported on the drop in the interest rates, which is anticipated for the
remainder of the fiscal year. She informed Council that the city continues to maintain adequate
cash reserves. City Treasurer Freidenrich stated in conclusion, that the city is in compliance
with the investment policy.
A motion was made by Garofalo, second Dettloff to review and accept the monthly report.
Following review of the report, by motion of Council, accept the Monthly Investment Report
Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
May 2001, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Public Hearing Opened and Continued Open to a Date Uncertain (to be
Re -Advertised and Re -Noticed with New Date when Determined) to Consider Approval of
Zoning Map Amendment No. 01-01 — Huntington Beach Hospital General Plan
Consistency (s/e Corner of Beach Boulevard and Newman Avenue) - Continued
Consideration of Approval of Introduction of Ordinance No. 3498 (440.50)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing to
consider a communication from the Planning Director for a public hearing to consider the
approval of Zoning Map Amendment No. 01-01 — Huntington Beach Hospital General Plan
Consistency.
Applicant: City of Huntington Beach
Request: To rezone the Huntington Beach Hospital complex from CO (Office Commercial) to
PS (Public -Semipublic) to make the zoning designation consistent with the General Plan land
use designation of P (Public).
Location: Southeast corner of Beach Boulevard and Newman Avenue
Environmental Status: This application is covered under Environmental Impact Report
No. 94-01 certified by the City Council on May 13, 1996.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Principal Planner Scott Hess presented a PowerPoint slide report, which was included in the
agenda packet and is titled Zoning Map Amendment No. 01-01 (Huntington Beach Hospital
Complex).
Principal Planner Hess informed Council of the option to continue the public hearing, referring to
the Late Communication that pertains to this item, which had been announced earlier by the
City Clerk. The Late Communication dated July 13, 2001 from David K. Culberson, Chief
(13) July 16, 2001 - Council/Agency Minutes - Page 13
Executive Officer of the Huntington Beach Hospital transmits opposition to the proposed
rezoning of the 13.8 acre Huntington Beach Hospital complex and is titled Zoning Map
Amendment No. 01-01 (Huntington Beach Hospital Complex).
Councilmember Dettloff requested and received clarification from Principal Planner Hess that
the proposed zoning amendment will bring the hospital complex into compliance with the
existing General Plan.
Councilmember Dettloff inquired about the intent of the continuation of the public hearing and
what it would accomplish. She asked if in the interim period, staff plans to meet with the people
who are in opposition to the item, in order to provide them with a clearer understanding of the
issues, or whether staff is considering a different process.
Principal Planner Hess responded that the Late Communication is from the Huntington Beach
Hospital transmitting opposition to the zoning map amendment as the hospital is in the process
of considering the development of a convalescent site which is not allowed in the proposed land
use designation. Principal Planner Hess stated that Council could consider a zoning text
amendment, in addition to a zoning map amendment to change the existing General Plan.
Principal Planner Hess stated further that the current use of the space for vehicle storage has
also prompted the proposal for a change in the current zoning designation from Office
Commercial (CO) to Public -Semipublic (PS).
Councilmember Boardman initiated considerable discussion on the impact of the storage of
vehicles; how long it has been occurring and how many spaces in the hospital parking structure
are occupied for this use by the neighboring car dealerships.
Mayor Pro Tern Cook pointed out that the law requires the finding of economic hardship in order
to permit the car dealers to store the vehicles, to which Principal Planner responded that staff is
looking into this issue.
Mayor Julien Houchen declared the public hearing open.
John Glovacz spoke in opposition to the proposed zoning map amendment, stating that the
storage of vehicles is an infraction of the zoning code, which he stated the city has failed to
enforce for the last six months.
David K. Culberson, Chief Executive Officer, Huntington Beach Hospital, stated his opposition
to the proposed zoning map amendment on the basis that it would take away the flexibility of the
hospital- in planning to meet the needs of the community and offer high quality services.
Mr. Culberson reiterated from his Late Communication that the hospital's future plan for a
reconfigured design of the hospital footprint could include a convalescent facility, which is
allowed in the present Commercial Office, but is not allowed under the proposed Public -
Semipublic zoning designation.
There being no persons present to speak further on the matter and there being no protests filed,
either written or oral, the hearing was continued open by the Mayor.
Councilmember Garofalo stated that he was amenable to deferring the item.
(14) July 16, 2001 - Council/Agency Minutes - Page 14
Councilmember Bauer expressed the opinion of the importance of retaining the focus on the
health care facility in consideration of the aging population in the city, stating that land use for
the storage of vehicles does not seem to be appropriate for the site.
After ascertaining the number of spaces maintained in the parking structure for vehicle storage
use, Councilmember Boardman concurred with Councilmember Bauer, stating her reluctance to
approve a change in the zoning designation.
Councilmember Dettloff spoke in favor of the hospital's position, although she stated that she
empathized with the auto dealers. Councilmember Dettloff recommended that staff return with a
proposal for a zoning text amendment to change the existing General Plan.
A motion was made by Green, second Garofalo to continue the public hearing open to a date
uncertain; however to be re -advertised and re -noticed with new date when determined. The
motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Plans and Specifications and. Advertisement for Bids for the Warner Avenue
Median Landscape Project, CC-1051 — From Edwards Street to the West and Rotterdam Street
to the East (600.80)
(City Council) Plans and Specifications and Advertisement for Bids for the Fiber Optic Intertie
Project — CC-1107 — Intelligent Transportation System (ITS) —Sample Construction Contract
(600.10)
(City Council) Plans and Specifications and Advertisement for Bids for Water Line Replacement
Projects: CC-1170 —Sample Construction Contract (600.75)
(City Council) City Treasurer to Write-off Accounts Receivable Debt of $63,204.48 Owed to City
for Mobile Home Rent and Late Charges — Oceanview Estates Mobile Home Park (340.10)
(City Council) Summer Instructional Classes Community Services Department — Professional
Services Budget Amendment (320.45)
(City Council) Resolution No. 2001-41 Responding to Orange County Grand Jury Report
Entitled Sewage Spills, Beach Closures — Trouble in Paradise? (520.30)
(City Council) License Agreement Between the City and JT Development Company, LLC for
Encroachment into the Public Right of Way with Portable Vending Carts at Plaza Almeria —
306 Main Street (600.10)
(15) July 16, 2001 - Council/Agency Minutes - Page 15
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: Boardman, Cook, Bauer (NO - Julien Houchen on Pending Legislation, Garofalo on
H.B. Independent Newspaper Contract; ABSTAIN - Dettloff -on June 18, 2001
minutes due to absence, Garofalo on Pending Legislation)
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency regular meetings of June.18, 2001, regular adjourned
meetings of June 28, 2001 and regular meetings of July 2, 2001 as written and on file in the
Office of the City Clerk. Submitted by the City Clerk.
(City Council) Adopted Resolution No. 2001-40 Approving an Application for State Grant
Funds to Establish and Maintain Comprehensive Community Used Oil Recycling
Program and Approved the Use of Curbside, Inc. as the Private Company to. Coordinate
this Program for the City and Direct Staff to Return with a Contract with Curbside, Inc. if
the Grant is Approved (340.80) — 1. Adopted Resolution No. 2001-40 — Approving an
application for State grant funds to establish and maintain a comprehensive Community Used
Oil Recycling Program —'A Resolution of the City Council of the City of Huntington Beach to
Make Application for Grant Funds for the Establishment of a Used Oil Collection Center, "and
2. Approved the use of Curbside, Inc. as the private company to carry out this program for the
City, and direct staff to return with a contract with Curbside, Inc., if the grant is approved.
Submitted by the Fire Chief/ Information Systems Director. Funding Source: The 2001 Sixth
Cycle California Used Oil Recycling Program Block Grant — approximately $60,000. (A list of
the current 19 certified used oil recycling centers is shown in Attachment No. 2. The $60,000
will add ten receiving centers and continue the established educational activities and services
about the proper handling and disposal of used oil and other hazardous materials. Since the
City has numerous sensitive. environmental areas these programs will provide significant
prevention opportunities.)
(City Council) Adopted Resolution No. 2001-39 Approving Application for Funding under
the Per Capita Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean .
Air, and Coastal Protection Bond Act of 2000 (340.80) — Adopted Resolution No. 2001-39 —
Authorizing staff to apply for local assistance funds from the Per Capital Grant Program under
the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000
— "A Resolution of the City Council of the City of Huntington Beach Approving the Applicant to
Apply for Grant Funds for the Per Capita Grant Program Under the Safe Neighborhood Parks,
Clean Water, Clean Air, and Coastal Protection Bond Act of 2000." Submitted by the
Community Services Director. Funding Source: State of California 2000 Park Bond Act.
(Anticipated projects for funding: H.B. High School Rebuild $836,073; Murdy Park Youth Sports
Field Reconfiguration $550,000; Tot Lot Replacement Program $421.927.)
(16) July 16, 2001 - Council/Agency Minutes - Page 16
(Redevelopment Agency) Deferred from May 7, 2001 — Received and Filed Annual
Reports of the Huntington Beach Redevelopment Agency for Fiscal Years 1997-98,
1998-99 and 1999-2000 for Submission to the State Controller (400.20) — Received and
filed the Annual Reports of the Huntington Beach Redevelopment Agency for fiscal years
1997-98, 1998-99 and 1999-2000 for submission to the State Controller as required by
§33080.1 of the State of California Health and Safety Code ("Redevelopment Law"). Submitted
by the Deputy Executive Director. Funding Source: Not Applicable. (Reports are available for
public review in the City Clerk's Office — 296 pages total.)
(City Council) Approved Amendment No. 1 to the Professional Services Contract
Between the City and Annabelle V. Richards, CPA for Accounting Services —
Administrative Services Department (600.10) — Approved Amendment No. 1 to Professional
Services Contract between the City of Huntington Beach and Annabelle V. Richards, CPA, for
Accounting Services in an amount not to exceed $20,000, and authorized execution by the
Mayor and City Clerk. Submitted by the Administrative Services Director. Funding Source:
Salary Accounts — 2000-2001 approved Administrative Services budget.
(City Council) Approved Revocable License Agreement with Makallon Atlanta Huntington
Beach, LLC for a Temporary Staging and Storage Area at Corner of First Street and
Pacific Coast Highway for the City's Beach Maintenance Equipment (600.10) — Approved
and authorized Mayor and City Clerk to sign a Revocable License Agreement with Makallon
Atlanta Huntington Beach, LLC for use of 30,000 square feet at the corner of First Street and
Pacific Coast Highway for staging and storage of beach maintenance equipment. — Revocable
License Agreement Between the City of Huntington Beach and Makallon Atlanta Huntington
Beach, LLC, for a Temporary Staging and Storage Area for the City's Beach Maintenance
Equipment. Submitted by the Community Services Director. Funding Source: Not Applicable.
(City Council) Approved Youth Board Appointments/Reappointments as Recommended
by City Council Liaison Members Mayor Pam Julien Houchen and Mayor Pro Tem Debbie
Cook (110.20) —1. Reappointed the following students for a one-year term on the Huntington
Beach Youth Board for 01/02:
Jessica Lim
Edison High School Representative
Megan Feldmar
At -large Representative
and 2. Appointed the following students to a one-year term on the Huntington Beach Youth
Board for 01/02:
Cheryl From
Ocean View High School Representative
Leslie Robin
Marina High School Representative
Shayna Slosman
Huntington Beach High School Representative
Lulu Wang
At -large Representative
Tatiana Bello
At -large Representative
Monish Subherwal
At -large Representative
Carolyn Browning
At -large Representative
Submitted by the Community Services Director. Funding Source: Not Applicable.
(City Council) Approved the Release of Securities for Tract No. 15728 and Accepted the
Public Improvements — Christopher Homes — s/e Corner of Edwards Street and Garfield
Avenue (EIIis/Goldenwest Specific Plan) (420.60) —1. Accepted the improvements
constructed and dedicated for public use with Tract No. 15728; and 2. Released Christopher
Homes, Faithful Performance/Labor and Material Bond No. 3SM95622300 and Monument Bond
(17) July 16, 2001 - Council/Agency Minutes - Page 17
No. 3SM95622200 pursuant to California Government Coded Section No. 66499.7; and
3. Accepted Christopher Homes Guarantee and Warranty Bond No. 3SM95622300-A (American
Motorists Insurance Co.), the security furnished for guarantee and warranty of improvements,
and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City
Clerk to notify the developer, Christopher Homes, of this action, and the City Treasurer to notify
the Surety, American Motorists Insurance Company, of this action; and 5. Instructed the City
Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange
County Recorder. Submitted by the Public Works Director. Funding Source: Not Applicable.
(City Council) Reallocated Project Funds for the Slater Channel Improvement Project,
CC-1089 — Mesa Construction Projects, Inc. (600.60) — Authorized the Finance Director to
disencumber $100,000 form the Slater Channel change order funds, and reappropriated to
project supplementals. Submitted by the Public Works Director. Funding Source: $100,000 will
be released from encumbrance and reappropriated to Slater Channel Professional Services.
(City Council) Approved Appointment of John Scandura to the Community Services
Commission — Member -at -Large (110.20) — Appointed John E. Scandura to a member -at -
large opening on the Community Services Commission for a four-year term. The term will be
from July 1, 2001 through June 30, 2005. Submitted by the Community Services Director and
as recommended by City Council Liaisons Mayor Pro Tern Debbie Cook and Councilmember
Dave Garofalo. Funding Source: Not Applicable.
(City Council) Approved Temporary Acceptance of the 2001 Municipal Beach Parking
Pass at the Main Promenade Parking Structure — Pending Completion of South Beach
Parking Lot Improvements (275.10) — Directed Community Services Parking/ Camping
Operation staff to temporarily accept the 2001 Municipal Beach Parking Pass in the Main
Promenade Parking Structure from opening to 5:00 p.m. daily until the South Beach
Improvement parking lots are complete and reopened. Submitted by the Community Services
Director. Funding Source: Not anticipated to have any impact on General Fund or Main
Promenade Parking Structure revenue.
(City Council) (1) Approved Legal Services Agreement with Donald H: Maynor and
(2) Approved Auditing Services Agreement with MBIA MuniServices Company,
Regarding Utility User Tax — Approved Waiver of Insurance Liability Requirements
(600.10) — 1. Approved Legal Services Agreement between the City of Huntington Beach and
Donald H. Maynor, a Professional Corporation for legal services; waive general liability
insurance; accept a $10,000 deductible for professional liability insurance; and authorize the
Mayor and City Clerk to execute the Agreement — Agreement between the City of Huntington
Beach and Donald H. Maynor, a Professional Corporation for Legal Services Regarding the City
Utility Users Tax and Related Matters, and 2. Approve Agreement between the City of
Huntington Beach and MBIA MuniServices Company/ Municipal Resource Consultants for
Auditing Services Regarding the City Utility User Tax and Related Matters, waived separate
additional insured endorsement; waived 30 day notice of cancellation on general liability
requirement on all coverages; and authorized the Mayor and City Clerk to execute the
Agreement. Submitted by the City Attorney, Administrative Services Director, and the City
Treasurer. Funding Source: For calendar year 2000, the City will owe Maynor/MMC .5% of
UUT revenues — approximately $62,000. In addition, the City will owe Maynor/MMC
approximately $15,600 relating to their audit of Time Warner Cable Television. Funding for
these amounts is from the Non -Departmental General Fund Contingency.
(18) July 16, 2001 - Council/Agency Minutes - Page 18
(City Council) Approved Plans and Specifications and Authorized Advertisement for Bids
for the Construction of Traffic Signals at Garfield/Delaware, Lake/Adams and
Springdale/Slater (CC-1171) — Approved Sample Construction Contract (600,55) —
1. Approved plans and specifications and authorized the Director of Public Works to advertise
for bids for Installation of Three Traffic Signals, CC-1171; and 2. Approved the attached Sample
contract subject to award of the contract to the lowest responsive/ responsible bidder; and
3. Authorized the Director of Public Works to expend up to $130,000 for direct purchase of
equipment. Submitted by the Public Works Director. Funding Source: Funds of $340,000 are
budgeted - $205,000 in the Air Quality Fund and $135,000 in Measure M.
(City Council) Approved City Council Positions on Legislation Pending Before the State
Legislature and Congress as Recommended by the City Council Intergovernmental
Relations Committee (640.90) — The City Council Intergovernmental Relations Committee has
reviewed the legislation below and recommended that the City Council take action on the
following items and authorized the Mayor to send letters reflecting the City's position to the
legislators: Motion: Support Maintaining current funding levels in the Federal Community
Development Block Grant (CDBG) and HOME Programs. Motion: Support AB 63 (Cedillo) —
Taxation disclosure — which would, until December 31, 2008, additionally permit, under
specified conditions, the disclosure of tax information to tax officials of any city. Motion:
Oppose in its current form AB 81 (Migden) — Property Taxes — which would change from local
to State Board of Equalization the assessment of power generating facilities which are over 50
megawatts; and Support AB 81 (Midgen) — Property Taxes - if amended to include the following
language: Amendments: Adding the words, "in that tax rate area" to the last sentence of
proposed Revenue & Taxation Code Section 100.9(a)(3) after the words "locally assessed
property;' and in Section 100.9(a)(3) at the end, "add subject to any redevelopment plans and
allocation percentages related to those plans." Motion: Support AB 745 (Cox) — State
Mandated Local Programs — which would improve and expedite the process for cities to receive
reimbursement on state mandated local programs. Motion: Oppose AB 934 (Hertzberg) —
Property Taxes — which would give local assessees the right to trial de novo in claims for refund
arising from questions of fact. Motion: Oppose AB 1184 (Oropeza) — Public Safety Officers —
which would establish the Public Safety Officers Procedural Bill of Rights Act. Motion: Oppose
SB 974 (Torlakson) — Public Contract Code — which would identify the Public Contract Code as
the basis of contracts between most public entities and their contractors and subcontractors.
Motion: Support SJRX2 2 (Morrow) — Wholesale Electric Pricing — A resolution of both houses
of the State Legislature formally requesting that FERC move forward in investigating marketers
and generators of withholding supply to drive up costs, that FERC institute market caps until
March 2003, that the US Congress should hold hearings and investigations into the Western
Power situation, and so on. It puts California on the record requesting that the Federal
Government use its powers to ensure that the electric market is complying with Federal laws,
regulations, and guidelines. Motion: Support SBX2 84 (Burton) — State Energy Resources
Conservation — which would require the California Energy Commission to develop and
implement a program to provide battery backup power for those official traffic control signals
that the commission in consultation with the Department of California Highway Patrol
determined to be high priority traffic control signals. Motion: Oppose SBX2-62 (Poochigian) —
Utility User's Tax: Gas and Electricity — which would, until January 1, 2006, require any local
utility user's tax, imposed on the consumption of gas or electricity, or both, by residential
customers and small commercial customers, as defined, to be imposed on a per unit of usage
basis. Submitted by Administration. Funding Source: None Required.
(19) July 16, 2001 - Council/Agency Minutes - Page 19
(City Council) Directed City Attorney to Prepare a Three -Year Contract for Legal
Advertising Services to The Huntington Beach Independent as the Primary Newspaper
Under the Bid Terms Outlined (600.10) —1. Awarded contract for providing legal advertising
services to the Huntington Beach Independent as the primary newspaper under the bid terms
outlined; and 2. Directed the City Attorney to prepare a three-year agreement between the city
and the Huntington Beach Independent per the bid terms submitted; and 3. Continued the
current City Council direction which approved placing the legal advertisement in the Orange
County Register (daily publication) if there is insufficient time to place a legal advertisement in
the Huntington Beach Independent, subject to approval by the City Administrator's Office of the
initiating department's reason for urgency to advertise in the Orange County Register; and
4. Further, at such times as the City Administrator's office may authorize use of the Orange
County Register to publish legal notices, the initiating department will also publish said notice,
as a courtesy to the public, in the Huntington Beach independent. (This will assist the public
who, except for extraordinary circumstances, must be able to rely on having to read only one
newspaper to ensure they have read all the public notices which may have an impact on them.)
Submitted by the City Administrator and the City Clerk. Funding Source: General Fund;
estimated $19,700 annually. Previous year's expenditure for Planning Department —
approximately $8,702 and City Clerk's Office— approximately $10,950.
(City Council) Accepted the Completion by Silvia Construction, Inc. of Resurfacing of
Various Residential Local Streets, MSC-406, and File a Notice of Completion (600.50) —
Accepted the residential street improvements, MSC-406 at a final cost of $2,732,755.57, and
authorized the City Clerk to file the Notice of Completion with the County Recorder's Office.
Submitted by the Public Works Director.
(City Council) Approved Master Lease Agreement Between the City and GE Capital
Public Finance for Network Hardware Replacement — Authorized the Fire Chief/
Information Systems Director to Execute All Ancillary Documents — Approved City's
Insurance Indemnification Obligations (600.10) —1. Approved and authorized the Mayor and
City Clerk to approve and execute a Master Lease Agreement with GE Capital Public Finance,
Inc. in the amount of $375,000 annually from the Equipment Replacement Fund, with a pre -
approved line of credit up to $2 million dollars, with a maximum term not to exceed five years in
substantially the same form as the attached agreement; and 2. Approved the City's obligation to
indemnify GE Capital Public Finance and its assignees pursuant to Section 6.4 of the Master
Lease Agreement; and 3. Authorized Michael Dolder, Fire Chief/Information Systems Director,
to execute all ancillary documents on behalf of the City, without further approval of City Council
required, in substantially the same form as the attached documents; and 4. Authorized City
Attorney Gail Hutton to execute Exhibit C Opinion of Council agreement, in substantially the
same form as the attached document. Submitted by the Fire Chief/Information Systems
Director. Funding Source: The funds are not budgeted in the current fiscal year; funding will be
from the Equipment Replacement Fund, $375, 000 annually.
(City Council) Approved Plans and Specifications and Authorized Advertisement for Bids
for the Warner Avenue Median Landscape Project, CC-1051 (from Edwards Street to the
West and Rotterdam Street to the East) (600.80)
The City Council considered a communication from the Public Works Director requesting
authorization of the advertisement for the Warner Avenue Median Landscape Project, CC-1051.
(20) July 16, 2001 - Council/Agency Minutes - Page 20
Councilmember Bauer requested that this agenda item be removed from the Consent Calendar
for separate discussion to point out and commend the work on the median landscape. He
inquired if there is money left over, stating that if the cost is reasonable, he would like to see
landscaping improvements up to the city limits. Councilmember Bauer identified the type of tree
planted as Jacaranda, and thanked staff for continuing the beautification of Huntington Beach.
A motion was made by Bauer, second Garofalo to approve the project plans and specifications
and authorize the Director of Public Works to request bids for the Warner Median Landscape
Project, CC-1051. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Green out of the room)
(City Council) Approved Plans and Specifications and Authorize Advertisement for Bids
for the Fiber Optic Intertie Project — CC-1107 — Intelligent Transportation System (ITS) —
Approved Sample Construction Contract ( fl) t4w.80)
The City Council considered a communication from the Public Works Director transmitting that
plans and specifications have been prepared for the installation of the fiber optic cable as part of
CC-1107, the Intelligent Transportation System (ITS). The Public Works Director requested
authorization of the advertisement for construction bids.
Councilmember Bauer requested that this agenda item be removed from the Consent Calendar
for separate discussion to inquire how close the city is to completion of an entirely computerized
traffic signal system.
Interim Transportation Manager Tom Brohard responded that there are ten different projects,
informing Council of their connection on a regional basis with the cities of Fountain Valley and
Westminster. Interim Transportation Manager Brohard stated that the fiber optic facility is one
of a series of state-of-the-art, multiple projects with a goal to complete in five years.
A motion was made by Bauer, second Garofalo to 1. Approve plans and specifications and
authorize the Director of Public Works to request bids for the Fiber Optic Intertie Project; and
2. Approve the attached Sample Contract subject to award of the contract to the lowest
responsive/responsible bidder. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Green out of the room)
(City Council) Approved Plans and Specifications and Authorized Advertisement for Bids
for Water Line Replacement Projects: CC-1170 (with Minor Street Improvements) —
Approved Sample Construction Contract (600.75)
The City .Council considered a communication from the Public Works Director transmitting that
plans and specifications for the water pipeline replacements are in final preparation and, upon
approval by the Director of Public Works, will be ready for bid requests. Minor street
improvements are included in the project. The Public Works Director requested permission for
staff to advertise for competitive bids.
(21) July 16, 2001 - Council/Agency Minutes - Page 21
Councilmember Bauer requested that this agenda item be removed from the Consent Calendar
for separate discussion regarding the improvements to the water delivery system.
Deputy City Engineer Dave Webb reported that the item is the second major water line
replacement project and that the city is on schedule with the Water Master Plan.
A motion was made by Bauer, second Garofalo to 1. Approve the project plans and
specifications and authorize the Director of Public Works to request bids for the construction of
various water pipeline replacements in the City (CC-1170); and 2. Approve the attached sample
contract, subject to award of the contract to the lowest responsible/responsive bidder to request
bids for the construction of the water pipeline replacements. The motion carried by the following
roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Green out of the room)
(City Council) Authorized the City Treasurer to Write-off Accounts Receivable Debt of
$63,204.48 Owed to the City for Mobile Home Rent and Late Charges — Oceanview
Estates Mobile Home Park — Approved, as Amended, Conditioned on City Treasurer and
City Attorney Obtaining a Waiver from Heir to the Estate (340.10)
The City Council considered a communication from the City Treasurer, the City Attorney, the
Administrative Services Director, and the Economic Development Director requesting the city to
write off $63,204.48 in debts owed to the City of Huntington Beach by Daniel Brennan for mobile
rent and late charges.
Councilmember Garofalo requested that this agenda item be removed from the Consent
Calendar, stating that he wished to make a comment because of the complexity of the
transaction. Councilmember Garofalo recommended that the city obtain a waiver, since the heir
or heirs to the estate could file a claim against the city.
City Treasurer Freidenrich and City Attorney Hutton announced that they will work in
collaboration with Deputy City Attorney Robert Wheeler to accomplish the waiver.
A motion was made by Garofalo, second Dettloff to 1. Approve the write-off of $63,204.88 to
Allowance for Bad Debts and authorize the City Treasurer to write-off the mobile home rent and
late charges for Daniel Brennan; and 2. Approve, as amended, conditioned on the City
Treasurer and the City Attorney to ensure that no claims against the city will come from
estate. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Green out of the room)
(22) July 16, 2001 - Council/Agency Minutes - Page 22
(City Council) Approved Summer Instructional Classes Community Services Department
— Professional Services Budget Amendment (320.45)
The City Council considered a communication from the Community Services Director requesting
approval of an instructional class budget amendment due to revenues exceeding original budget
projections.
Councilmember Bauer requested that this agenda item be removed from the Consent Calendar
to request clarification of the proposal.
Acting City Administrator Workman stated that the summer classes program is so successful
that the fees recovered to the General Fund need to be appropriated to pay for classroom
instructors.
A motion was made by Bauer, second Garofalo to authorize the Director of Administrative
Services to allocate an additional $78,000 from the General Fund Unappropriated Fund Balance
into Instructional Classes -Professional Services Account to pay class instructors. The motion
carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Green out of the room)
(City Council) Adopted Resolution No. 2001-41 Responding to Orange County Grand Jury
Report Entitled Sewage Spills, Beach Closures — Trouble in Paradise? — Directed Staff to
Return with Report Re: Grease Interceptors at Restaurants and Include Grease
Interceptor Issue in Water Quality Master Plan of the City (520.30)
The City Council considered a communication from the Public Works Director transmitting that
the 2000-2001 Orange County Grand Jury issued a report titled Sewage Spills, Beach Closures
— Trouble in Paradise? and has directed the Councils of all Orange County cities to respond to
the findings and recommendations in the report. The Public Works Director has requested
adoption of a resolution responding to the Orange County Grand Jury's request.
Councilmember Bauer requested that this agenda item be removed from the Consent Calendar
for separate discussion. He announced that at a future date, he will request explanations to the
"whole series of actions" the Grand Jury has listed in its report. Councilmember Bauer
commented on the report relative to sewer lines and grease interceptors.
A motion was made by Bauer, second Garofalo to 1. Adopt Resolution No. 2001-41 — "A
Resolution of the City Council of the City of Huntington Beach Responding to the 2000-2001
Orange County Grand Jury Report Entitled, "Sewage Spills, Beach Closures — Trouble in
Paradise?" and 2 Approve, as amended, to direct staff to return with a report regarding
grease interceptors at restaurants and also to include grease interceptor issue in water
quality Master Plan of the city. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Green, Garofalo out of the room)
(23) July 16, 2001 - Council/Agency Minutes - Page 23
(City Council) Approved License Agreement Between the City and JT Development
Company, LLC for Encroachment into the Public Right of Way with Portable Vending
Carts at Plaza Almeria — 306 Main Street (600.10)
The City Council considered a communication from the Planning Director and the Public Works
Director requesting approval of a license agreement for encroachment into the public right of
way along the west side of Main Street between Olive and Orange Avenues.
The staff report sets forth that JT Development Company, LLC proposes to enter into a license
agreement for use of a portion of the public sidewalk for five portable vending carts at Plaza
Almeria.
Mayor Pro Tern Cook requested that this item be considered separately from the Consent
Calendar as several residents have expressed concern with the type and quality of items sold
from vending carts. Mayor Pro Tern Cook inquired if there is a process for city input with
regards to selection.
Principal Planner Hess responded that there are some parameters, but as with the Pierside
Pavilion merchants, the carts are privately owned property. In answer to Mayor Pro Tern Cook's
inquiry, Principal Planner Hess stated that the JT Development License Agreement is for one
year.
A motion was made by Dettloff, second Garofalo to approve the License Agreement By and
Between the City of Huntington Beach and JT Development Company, LLC for Encroachment
into the Public Right of Way and authorize execution by the Mayor and City Clerk. The motion
carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Green out of the room)
(City Council) Continued to August 6, 2001 to Consider Approval of the Introduction of
Ordinance No. 3499 Amending the Huntington Beach Municipal Code by Modifying
Permitting Requirements for Police -Directed Towing Services and to Continued
Consideration of the Adoption of Resolution No. 2001-42 to Increase Rates for Police -
Directed Towing Services and Garage Impounds (530.30)
The City Council considered a communication from the City Attorney, and the Chief of Police
submitting a proposed ordinance for Council consideration which would delete permitting
requirements for police directed tow services and provide that the city enter into contracts with
police -directed tow operators via a request for qualifications process. Also submitted is a
proposed resolution which would increase the allowable rates to be charged by police -directed
tow services.
A motion was made by Garofalo, second Boardman to continue the item to the August 6, 2001
Council Meeting. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(24) July 16, 2001 - Council/Agency Minutes - Page 24
(Redevelopment Agency) Adopted Agency Resolution No. 322 — Approving the
Preliminary Plan for the Southeast Coastal Redevelopment Project — Bounded by
Hamilton Avenue/Newland Street/Magnolia Street/Pacific Coast Highway (Excluding
Cabrillo Mobile Home Park) (410.05)
The Redevelopment Agency considered a communication received from the Deputy Executive
Director requesting adoption of a resolution approving the Preliminary Plan for the Southeast
Coastal Redevelopment Project, which describes the boundaries and scope of the proposed
redevelopment and defines the Redevelopment Agency's authorities and limitations for this
project area.
The city has been actively pursuing the remediation and reuse of the contaminated sites, such
as the Ascon/Nesi site located at Magnolia Street and Hamilton Avenue. The city has also
contemplated community development initiatives for surrounding uses including abandoned oil
storage facilities and the AES generating plant.
Due to discussions with community representatives, dialogue at community meetings, and
recommendations from the Planning Commission, the City Attorney and the Southeast
Huntington Beach Neighborhood Council Committee, the initial Preliminary Plan was revised by
the Planning Commission on June 12 by Planning Commission Resolution No. 1563. The
revised boundaries are now generally north of Pacific Coast Highway between Newland and
Magnolia Streets and south of Hamilton Avenue. The revised boundaries exclude all property
west of Newland Avenue, including the Cabrillo Mobile Home Park. All proposed
redevelopment programs included in the final Redevelopment Plan are to be consistent with
General Plan policies. This includes land uses, population densities, and building intensities
and standards.
Redevelopment Manager Gus Duran presented the PowerPoint slide report that had been
announced earlier as a Late Communication by the Agency Clerk.
Agency member Boardman inquired regarding the revised boundaries in relation to the
wetlands, to which Redevelopment Manager Duran stated that they have been moved to protect
and enhance the wetlands. Agency member Boardman stated that she will be voting in favor of
the Preliminary Plan.
Agency member Bauer referred to the communication received from the Southeast Huntington
Beach Neighborhood Association (SEHBNA), which had been announced earlier by the City
Clerk as a Late Communication. The communication dated July 16, 20001 from John F. Scott,
Chairperson of the SEHBNA is titled Letter for Public Comment on Redevelopment (Item F-2).
Vice Chairperson Cook thanked staff for removing residential and the use of eminent domain
from the Preliminary Plan, stating that revising the boundaries to exclude open space and the
wetlands is in compliance with the law. Vice Chair Cook stated that she favors the Preliminary
Plan, but is interested in finding the outcome of the subsequent plan and is opposed to
subsidizing the developer.
(25) July 16, 2001 - Council/Agency Minutes - Page 25
A motion was made by Garofalo, second Green to adopt Agency Resolution No. 322 — "A
Resolution of the Redevelopment Agency of the City of Huntington Beach Approving the
Preliminary Plan for the Southeast Coastal Redevelopment Project." The motion carried by the
following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Resolution No. 2001-43 Fixing the Fiscal Year 2001/02 Tax Rate
for the City of Huntington Beach at $0.04930 per $100 Assessed Valuation and
Impounding the Tax Revenue — Public Employees Retirement (CalPERS)/ Howard Jarvis
Property Tax Lawsuit (340.90)
The City Council considered a communication received from the Administrative Services
Director requesting that the city adopt a tax rate consistent with the City Charter and California
State Law. The city receives a pro-rata portion (16.51 %) of the one -percent basic levy collected
for all real property. In addition, the California Constitution allows cities to levy additional taxes
for voter -approved indebtedness. Since voter approval in 1966, the City has levied an
additional tax to pay for a portion of the City's retirement costs.
In March of this year the Orange County Superior Court rendered a decision in Howard Jarvis
Taxpayer Association vs. City of Huntington Beach regarding this tax. The City Council has
authorized appeal of the Superior Court's decision in the Jarvis lawsuit. Until this appeal is
resolved, the City should maintain the tax rate for fiscal year 2001/2002 at 0.04930%. Proceeds
from this tax rate will continue to be impounded into a separate fund and not expended pending
the outcome of the appeal.
Administrative Services Director Clay Martin delivered a PowerPoint presentation that had been
announced earlier as a Late Communication by the City Clerk. The slide show report is dated
July 16, 2001 and titled Fixing the Fiscal Year 200112002 Tax Rate for the City of Huntington
Beach.
Councilmember Boardman announced that she will be making a motion for approval of the
alternative resolution recommending the adoption of a 0.00000% tax rate, as set forth in the
Request for Council Action (RCA). Councilmember Boardman remarked that one judge had
already predicted that the city will not be successful on the appeal filed relative to the Howard
Jarvis lawsuit. She stated that it would be prudent to suspend collection and to set the tax rate
at zero.
A motion was made by Boardman, second Cook to adopt an alternative resolution to include
suspending for Fiscal Year 2001/02 the property tax override to pay for pension programs
(Attachment 3). This is the same resolution that was presented to City Council at the June 4,
2001 City Council Meeting. The motion failed by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen
NOES: Green, Garofalo, Dettloff, Bauer
ABSENT: None
(26) July 16, 2001 - Council/Agency Minutes - Page 26
A motion was made by Green, second Dettloff to Adopt Resolution No. 2001-43 fixing the
Fiscal Year 2001/02 tax rate for the City of Huntington Beach at $0.04930 per $100 of assessed
valuation and impounding the tax revenue (Attachment No. 2) — "A Resolution of the City
Council of the City of Huntington Beach Fixing the Fiscal Year 200112002 Tax Rate and
Impounding the Tax Revenues." The motion carried by the following roll call vote:
AYES: Green, Garofalo, Dettloff, Bauer
NOES: Boardman, Cook, Julien Houchen
ABSENT: None
(City Council) Approved Settlement Agreement with KJ Enterprises, LLC, as Amended, to
Incorporate "Deal Points" from the 7/16/01 Staff Report and to Indemnify the City Re:
Environmental Contamination Relative to the Parcel (APN 148-121-17; Site of "CHB No. 1
Well") — Accepted Quitclaim Deed for the Acquisition of the Surface and Subsurface
Rights Impacting Said Parcel Being Developed as the Beach Maintenance Facility —
Approved Release Between City and R. Stinnett and Accepted Quitclaim Deed from
R. Stinnett (600.10)
The City Council considered a communication from the Administrative Services Director stating
that the surface and subsurface rights must be acquired for the construction of the Beach
Maintenance Facility on city -owned property located at 8669 Edison Way, north of Pacific Coast
Highway and east of Newland Street.
City Attorney Gail Hutton requested an amendment of the main motion to add a clause (to
follow), and which will include the following Settlement Agreement deal points listed as bulleted
items in the July 16, 2001 staff report, Request for Council Action (RCA):
• City will deposit $250,000 in an escrow account to fund the settlement.
• City to forgive past royalties owed to it by KJ under CHB Lease.
• City to pay on KJ's behalf the past City oil production tax due on CHB No. 1
Well.
• Mutual release of the claims asserted in the City's Complaint and KJ's Cross -
Complaint: however, neither party will release any claims against Terra or
any other third parties.
• Kj to quitclaim to the City any and all rights, title and interest to the CHB
Lease and the "Property," and KJ will warrant that no transfers or other such
encumbrances of any interest have occurred in the CHB Lease since its
acquisition from Terra.
• KJ will stipulate to the entry of judgement in the Action on the City's quiet title
cause of action set forth in the Complaint, and will dismiss its Cross -
Complaint against the City with prejudice.
• Upon the execution of the Settlement Agreement and the receipt by the City
of (1) a quitclaim of the lease in a form acceptable to counsel for the City;
(2) the stipulation for Judgement and (3) dismissal of the Cross -Complaint in
the Action, the City will pay KJ Enterprises $200,000 from escrow.
• Each party will bear its own costs and attorney's fees relating to the Action.
• City will proceed to complete the Action to quiet title as to all other defendants
and to remove all other encumbrances or clouds on the City's title to the
property or with respect to the CHB Lease.
(27) July 16, 2001 - Council/Agency Minutes - Page 27
• KJ will commence and complete the plugging and abandonment of the CHB
No. 1 Well and equipment removal and will obtain all regulatory certifications
thereof within 45 days of the approval date of the plugging and abandonment
program. Upon the City's receipt of notices and verification from the Division
of Oil, Gas and Geothermal Resources and the City of Huntington Beach Fire
Department witnessing and approving such abandonment in accordance with
all applicable state, federal, local rules, statutes, ordinances, regulations and
orders, the City will pay KJ an additional amount of $50,000.
• KJ will cut and cap all lines extending from the CHB Lease and remove that
portion of the lines up to the Deeble Lease.
• Failure by KJ to plug and abandon within 45 days of the program approval
date will allow the City, at City's option to complete the plugging and
abandonment itself and the $50,OOO will no longer be due or payable to KJ.
• KJ has salvage rights and salvage value to the oil production equipment and
facilities removed from the property on or before September 8, 2001.
Otherwise all the equipment and facilities remaining on the property will be
considered the property of the City.
• The City will be responsible for the site restoration and soil remediation
contained within the parcel owned by the City on which CHB No. 1 Well is
located (148-121-17).
• The Settlement Agreement will contain an indemnity of KJ for the City's
removal of certain soil from the Property and storage of soil on a nearby
property. KJ will indemnify the City for certain matters described in the.
Settlement Agreement.
• The City can recommence its construction operations on the Property on
July 9, 2001 and any court orders enjoining construction will be vacated.
• If the Settlement Agreement is not fully executed by all parties and approved
by City Council July 16, 2001, the City reserves the right to cancel this
agreement and proceed with its lawsuit.
• City agrees to take all pending motions off -calendar in the Action upon
execution of a stipulation by counsel for the parties and entry by the Court of
an order extending the time for the City to respond to KJ's Cross -Complaint
until July 30, 2001.
• If the Settlement Agreement is not executed by July 17, 2001, KJ may post
the required preliminary injunction bond by no later than July 20, 2001; and
the City may re -notice any motions, provided that KJ waives any and all
claims it has or may have in connection with the City's construction activities
on the site between June 7, 2001, and up until July 20, 2001, and the date KJ
posts the bond.
A motion was made by Garofalo, second Dettloff to:
1. (a) Approve the Release dated June 9, 2001, between the City of Huntington Beach and
Rosemarie Stinnett and authorize Real Property Agent to sign on behalf of the City and
authorize the City Clerk to attest to the Release, and
(b) Authorize Director of Administrative Services Department to sign a more detailed
Release for presentation to Mrs. Rosemarie Stinnett at a later date should it be necessary,
and authorize the City Clerk to attest to the Release;
(28) July 16, 2001 - Council/Agency Minutes - Page 28
and
2. (a) Approve and accept the Quitclaim Deed dated June 9, 2001, from Rosemarie Stinnett
to the City of Huntington Beach and authorize the City Clerk to_record the Quitclaim Deed
on behalf of the city, and
(b) Authorize payment to Rosemarie Stinnett in the amount of $1,000;
and
3. Approve the Settlement Agreement entitled "Settlement and Transfer Agreement and
Release" between KJ Enterprises, LLC and the City of Huntington Beach and authorize
the Mayor to sign and the City Clerk to attest to the Settlement Agreement and Release,
and approve, as amended, the following clause: subject to the approval of the final
form of the Agreement by the City Administrator and City Attorney. The Agreement
shall incorporate the "deal points" set forth in the July 16, 2001 Request for Council
Action and shall further provide that KJ Enterprises shall defend and indemnify the
City as to any environmental contamination relating to Parcel APN 148-121-17. The
City Administrator is further authorized to extend the escrow for APN 148-121-17 as
is necessary to implement this approval.
and
4. Approve and accept the Quitclaim Deed from KJ Enterprises, LLC to the City of
Huntington Beach and authorize the City Clerk to record the Quitclaim Deed on behalf of
the City.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Cook
ABSENT: None
(City Council) Directed Staff to Request the Orange County Transportation Authority
(OCTA) Board to Hold a Public Hearing re: the Proposed Santa Ana River Bridges
Environmental Impact Report Prior to August 6, 2001 and to Request the OCTA Board to
Adopt a Policy to Eliminate the Proposed Garfield and Banning Bridges from the Orange
County Master Plan of Arterial Highways (800.45)
The City Council considered a communication received from Councilmember Ralph Bauer
transmitting the following Statement of Issue: The comment period for the Environmental
Impact Report (EIR) concerning the proposed Banning and Garfield bridges over the Santa Ana
River will end August 6, 2001. Although the Orange County Transportation Authority (OCTA) is
holding some open houses in Huntington Beach, Fountain Valley, Costa Mesa, and Newport
Beach, there is no public hearing being held by OCTA to receive public comments prior to
August 6, 2001. The OCTA staff alone has decided that in the case of both bridges, a
unanimous vote of the affected cities is required to eliminate the bridges from the Master Plan of
Arterial Highways. We disagree with this policy. Historically, the cities were never unanimous
in their views on the bridges; thus, the EIR was a waste of time and money.
(29) July 16, 2001 - Council/Agency Minutes - Page 29
Councilmember Bauer presented an oral report andrequested the approval of the three-part
recommended action separately, in two motions. In relation to the first motion, Councilmember
Bauer stated the opinion that the proposed Garfield and Banning Bridges if ever built, will impact
in a negative fashion at least three of the neighborhoods mentioned in his Council
memorandum.
A motion was made by Bauer, second Boardman to request that the OCTA Board hold a public
hearing to receive input on the Santa Ana River bridges EIR prior to closing of the comment
time period. If this cannot be scheduled prior to the current closing date, extend the comment
period to accommodate public input. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
Relative to his second motion, Councilmember Bauer spoke regarding the need for the OCTA
Board to adopt a policy to eliminate the proposed Garfield and Banning Bridges from the
Orange County Master Plan of Arterial Highways. Councilmember Bauer requested that a
policy be adopted that is based on a majority, instead of a unanimous vote.
A motion was made by Bauer, second Dettloff to 1. Request that the OCTA Board adopt a
policy that requires only a majority vote of the cities affected to eliminate the proposed Garfield
and Banning bridges from the Orange County Master Plan of Arterial Highways; and 2. Request
that the results of both of the foregoing motions be forwarded to the OCTA Board and the OCTA
Executive Director. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
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 10:10 p.m. to Monday, July 23,
2001, at 5:00 p.m., in the Council Chambers, Civic Center, 2000 Main Street, Huntington Beach,
California.
7�r�
City Clerk and ex-officio Cler of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
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City Clerk -Clerk ayor-Chairman