HomeMy WebLinkAbout2001-09-17Minutes
City Council/Redevelopment Agency
City of Huntington Beach
5:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Monday, September 17, 2001
A videotape of this meeting
is 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 5:00 p.m. in the Council Chambers.
City Council/Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent: None
Public Comments Regarding Closed Session Items Only
Dean Albright informed Council of a meeting he attended where Mayor Cook of the City of
Fountain Valley had opposed annexation by the Irvine Ranch Water District to the Orange County
Water District. Mr. Albright requested Council to oppose annexation.
Motion to Recess to Closed Session -- Approved
A motion was made by Garofalo, second Dettloff to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
1. (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 v. Orange
County Water District, Orange County Superior Court Case No. 815921. Subject: City of
Huntington Beach v. Orange County Water District. (120.80)
2. (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 Opp v. City of Huntington Beach, et
al.; Court of Appeals, Fourth Appellate District, Division 3, Case No. G025947 (Opp 1) Opp
v. City of Huntington Beach, et al.; Orange County Superior Court Case No. 748927 (Opp
I1). Subject: Opp v. City of Huntington Beach, et al. (Opp I and Opp 11). (120.80)
(2) September 17, 2001 - Council/Agency Minutes Page 2
Reconvened in the Council Chambers - 5:35 P.M.
City Counell/Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, ,Julien Houchen, Garofalo, Dettloff, Bauer
Absent. None
Late Communications
Pursuant to the Brown (Open Meetings Act) the City Clerk announced the following Late
Communications which pertained to the study session item on the agenda:
Communication dated September 14, 2001 from Victor Leipzig, Executive Director of Orange Coast
Watch transmitting their opposition to the renewal of the 301(h) waiver currently held by the Orange
County Sanitation District. Communication titled Orange Coast Watch - Position on OCSD 301(h)
Waiver.
Communications dated September 4, 2001 from Nancy Donaven and Albert Terjenian transmitting
their opposition to the 301(h) waiver currently held by the Orange County Sanitation District.
Communications titled Do Us a Favor, Get Rid of the Waiver.
Slide show presentation dated September 17, 2001 from the Public Works Department titled
Preliminary Review of OCSD 1996 20m-Study.
Slide show presentation dated September 17, 2001 from the Orange County Sanitation District
titled Orange County Sanitation District - Huntington Beach City Council - September 17, 2001.
(City Council) Study Session — Received and Filed (1.) Presentation by Komex H2O
Science Representatives of the Preliminary Review of 20-Meter Study Conducted in 1996
by the Orange County Sanitation District (OCSD) and (2.) Presentation by OCSD Re:
Offshore Water Quality Issues (1020.70)
The first set of speakers on the offshore water quality issues were representatives of the
consulting firm of Komex H2O Science of Huntington Beach:
Anthony Brown, representative of Komex H2O Science, presented an oral report on the
preliminary review conducted on the 20 meter study done in 1�996 by the Orange County
Sanitation District (OCSD). Mr. Brown introduced Dr. Tommy Jones, the consulting frm's
microbiologist and Mr. Wade Major who were present to speak with him regarding the ouffall
studies.
Mr. Wade Major of Komex H2O Science delivered the PowerPoint presentation titled Preliminary
Review of OCSD 1996 20m-Study, which had been earlier,by the City Clerk as a Late
Communication.
In response to Councilmember Dettlofrs inquiry, Mr. Major stated that Komex only looked at
1996 and 1999 sampling data, and therefore has no information if additional wastewater
treatment is required for the years 2000 through the present.
(3) September 17, 2001 - Council/Agency Minutes Page 3
Mr. Major confirmed for Councilmember Green that sampling took place in both the surf zone
and the ocean, but stated that there is a "disconnect," in that nothing significant has been
detected in the former location.
Based on this assumption, Councilmember Green inquired regarding the reliability of sampling
of the signature bacteria of the OCSD plume, and if there is an appearance of fecal coliform
close to the shoreline. Mr. Major responded that while an A to Z "cause and effect" study has
not been done, it would he important to consider.
Councilmember Green ascertained that Mr. Major had spoken with Dr. Irwin Haydock from the
Orange County Sanitation District (OCSD) but not about the study.
Due to human health and safety reasons, Councilmember Green reiterated his concern
regarding the probability of waste products being discharged either by OCSD or by boats.
In response to Mayor Pro Tern Cook's inquiry, Mr. Major reported on the reasons why a dye
was not used to study the plume.
Councilmember Dettloff asked about the 301(H) waiver under which OCSD has been operating.
Mr. Major commented that there may be a clean gap of water between the shore and the surf
zone, but that it is up to the policy makers to decide.
Mayor Julien Houchen thanked the representatives from Komex for their reports.
The following set of speakers represented the Orange County Sanitation District (OCSD):
Robert Ghirelli, OCSD Director of Technical Services, presented the PowerPoint report titled
Orange County Sanitation District - Huntington Beach City Council — September 17, 2001,
which had been announced earlier by the City Clerk as a Late Communication.
Mr. Ghirelli spoke regarding three levels of review conducted of Huntington Beach's shoreline,
which he stated included a Technical Advisory Committee (TAC) comprised of many
governmental agencies as well as independent community and environmental groups.
OCSD representative George Robertson reported on data points collected in response to Mayor
Pro Tern Cook's inquiry regarding the modeling and dye processes.
Councilmember Boardman asked Mr. Ghirelli regarding field work; how many study days have
been conducted when the AES Huntington Beach power plant was fully functional. Mr. Ghlrelli
responded that no samples were taken while boilers were running, but that it does not take four
generators operating to see if the plume is going to shore in the vicinity of the power plant.
Mr. Robertson informed Council of the results of the vertical and lateral sampling grids in
relation to OCSD's 1996 study conclusions.
Councilmember Green stated that the health department will look at bacteria in the surf zone
and compare it with bacteria in the plume, informing Council that Professor Stanley Grant
completed a study in November 2000 which went to an independent peer review.
(4) September 17, 2001 - Council/Agency Minutes Page 4
Discussion ensued regarding conducting studies during the summer when the thermocline is in
place.
Mr. Ghirelli stated that secondary treatment does not have much effect in pathogen reduction.
Councilmember Green addressed the area of further study that is needed to evaluate the variety
of wastewater treatment techniques available, including disinfection. He spoke further regarding
feasibility and cost options.
Mr. Ghirelli concurred with Councilmember Green, stating the core issue is that the 1996 study
observed a relatively low number of samples and only of a 20-meter contour. He informed
Council that a mechanism can be used to move picket lines of water, to gather evidence if the
present study method of operation should be continued.
In response to Councilmember Dettloff's inquiry regarding the criteria the Environmental
Protection Agency (EPA) uses in determining to grant the 301(H) waiver, Mr. Ghirelli answered
that the EPA evaluates:
1. if the water quality standards are being violated; stating OCSD has to show definitely that
the plume is not coming to shore into recreational waters; and
2. if a balanced, indigenous population of healthy fish exists in a natural environment.
Councilmember Bauer spoke regarding the impact of urban runoff; Assembly Bill 411 and the
Clean Water Act. He suggested that if there is a good relationship between outfall and human
illnesses, full disinfection should be considered.
Mr. Ghirelli spoke regarding the fact that much has occurred since the 1996 study; with the data
set evolving as becoming more robust.
Councilmember Garofalo asked if there is a trend as to the sampling for coliform, to which
Mr. Ghirelli responded that the plume appears closer to shore and needs to be studied along
with other phenomena. He reiterated that the situation appears different today than it had five
years ago.
Mr. Ghirelli informed Council that OCSD is breaking new ground and studying a more complex
design.
In response to Councilmember Garofalo's inquiry, Mr. Ghirelli stated that OCSD's application for
an extension of the 301(H) waiver is set for November 2002.
Mr. Ghirelli provided information regarding the Environmental Protection Agency (EPA) ratings
to pass or deny the waiver, and if denied, the consent decree as sanctioned with the Federal
Government to provide a schedule for full secondary treatment.
Discussion followed as to the degree the process of microfiltration will remove bacteria.
Councilmember Dettloff inquired what type of study results would lead OCSD to go forward with
the waiver, or abandon it in favor of the methods described: secondary and tertiary treatment,
disinfection, or microfiltration.
(5) September 17, 2001 - Council/Agency Minutes Page 5
Mr. Ghirelli responded that basic factors, such as how close the plume is to shore, the condition
of the currents, and the mechanism of internal waves will determine the course of action.
The City Council thanked the OCSD representatives for their reports.
Public Comments Regarding Study Session Stating Opposition to the 301(H) Waiver
Granted to the Orange County Sanitation District (OCSD) (520.30)
The following 24 speakers spoke in opposition to the 301(H) waiver granted to the Orange
County Sanitation District (OCSD):
Dean Albright, Huntington Beach Tomorrow (HBT) Board member, announced that he was
distributing to Council three letters which had been written by Irwin Haydock, Jan Vandersloot,
and Gary Brown. He spoke regarding promises received of secondary treatment to be used on
wastewater, and how it was later learned that the decision was made that it was not needed.
Mr. Albright stated that the 21-member HBT board opposes the 301(H) waiver granted to
OCSD.
Joey Racano spoke in favor of secondary treatment; that the 301(H) waiver granted to OCSD
should be eliminated. He stated that Mayor Julien Houchen leads with her agenda item in
opposition to the 301(H) waiver. Mr. Racano invited everyone to attend a meeting to be held in
Corona del Mar the following day, which he stated will warn people that they will be taken ill due
to contaminated beach water if the 301(H) waiver is not eliminated.
Doug Korthof informed Council that he is taking a position against the 301(H) waiver. He
stated the opinion that the Komex study showed an extremely complicated modeling process.
Mr. Korthof stated that if there is a problem with wastewater, disinfection and tertiary treatment
will be easier to follow after full secondary sets the standard.
Tom Mays, Orange Coast Watch member and former State Assemblyman, stated that he was
the Mayor of Huntington Beach during the American Trader offshore oil spill. Mr. Mays spoke
regarding the city beach as an economic resource to be protected; stating that the current
sewage disposal practices are not up to standard, and urging opposition to the 301(H) waiver
granted to OCSD.
Victor Leipzig, Executive Director, Orange Coast Watch, explained the long-term goals of the
organization. He expressed the belief that sewage and urban runoff problems can be reduced
to zero, stating recycling and resource recovery as the principal solution. Dr. Leipzig spoke
regarding the good effects of OCSD, but that its expanded waiver is one of the impediments to
achieving resource recovery.
Jan Vandersloot, Director and Founder of the Ocean Outfall Group (OOG), stated the
catchphrase, "Do us a favor, and get rid of the waiver," in opposition to the 301(H) waiver
granted to OCSD. Dr. Vandersloot presented the following slides with a handout given to the
Council:
1. Model of Plume— End of outfall and its extent 3 miles wide x 6 miles long; 100 feet deep.
Slides from OCSD.
2, Fecal Coliform Readings of 1996.
3. Mid Water Plume Extension.
(6) September 17, 2001 - Council/Agency Minutes Page 6
4. Subsurface Compilation of Data.
5. Bacterial Plume Impacts Newport Beach — 1985 to 1998.
6. Bacterial Plume Impacts Newport Beach - 1998 to Present.
7. Subsurface Bacterial Plume.
Mayor Pro Tern Cook requested differentiation between a red and a yellow line on the last slide,
to which Dr. Vandersloot responded that it is the cut-off point at which OCSD does not consider
the plume to be threatening.
Dennis Baker, member, Ocean Outfall Group (OOG), stated the intent of making the following
points:
1. Full secondary treatment removes the need for studies.
2. In response to Councilmember Dettloff request for more data, Mr. Baker spoke regarding a
seminar, where he stated scientists across the board including Dr. Stanley Grant, called into
question the data collected.
3. Mr. Baker spoke regarding Dr. Grant's statement; and
4. The manner in which he stated OCSD is working so hard to support the waiver.
Mr. Baker announced that he is in support of Mayor Julien Houchen's resolution and wishes to
go on record to oppose the 301(H) waiver granted to OCSD.
Larry Porter, member, Ocean Outfall Group (OOG), urged Council not to support the 301(H)
waiver. Mr. Porter stated that the Register newspaper pointed out that the plume is not the only
criteria and recommends not granting the waiver to OCSD.
Curtis Zavodny, member, Ocean Outfall Group (OOG), spoke in opposition to the 301(H)
waiver, stating that it is not just contamination to human health and marine life, but a study done
in 1997 on OCSD effluent has different statistical data. He presented information on the effects
of the plume, describing how its vector has a diagonal approach. Mr. Zavodny spoke in support
of Mayor Julien Houchen's proposal.
Kreg Muller, Vice President, Huntington Beach Police Officers' Association (HBPOA), informed
Council that the association voted "no" on the 301(H) waiver due to public safety concerns.
Officer Muller spoke regarding the very costly measure of a consent decree with the Federal
Government if the waiver is denied.
Christopher Hillman, member, Surfriders' Foundation and Ocean Outfall Group (OOG), spoke
in opposition to the 301(H) waiver. He stated having taken very ill after surfing on Labor Day in
1999. Mr. Hillman spoke regarding his involvement in building wastewater treatment plants.
Lisa Utley stated that she is in support of the Mayor's agenda item and full secondary treatment
for the health of residents, businesses and visitors alike. She expressed the hopes that the city
takes the lead and her belief that the only answer is to oppose the 301(H) waiver. Ms. Utley
stated that what needs to be prevented is "Surf City" from becoming "Sludge City."
Bob Winchell, Board of Directors, Huntington Beach Tomorrow (HBT), announced that he is
speaking on behalf of HBT, which is dedicated to the enhancement of the quality of life. He
stated his primary issue is to vehemently oppose the Federal 301(H) waiver under which OCSD
has been operating for the last 17 years, speaking about the discharge of partially treated
(7) September 17, 2001 - Council/Agency Minutes Page 7
sewage into the ocean. Mr. Winchell expressed his belief that waivers are meant to be
temporary devices, and that the OCSD will need to come into full compliance with the law. He
spoke regarding full secondary treatment as providing minimum protection and Urged Council to
take whatever action is necessary to oppose any further waiver extension. Mr. Winchell
requested adoption of Mayor Julien Houchen's resolution, and commended the Mayor for
producing what he stated is a definitive measure.
Nancy Donaven spoke in support of Mayor Julien Houchen's resolution to oppose the 301(H)
waiver granted to OCSD. She concurred with Councilmember Bauer's agenda item, stating that
much needs to be done such as installing restaurant grease traps, and it must be done soon as
it takes a long time to get online.
Grace Winchell spoke in favor of Mayor Julien Houchen's motion against the 301(H) waiver
granted to OCSD. She informed Council that inland neighboring cities are required to have full
secondary treatment for the beach - and may need further treatment later - as studies may
uncover new information. Ms. Winchell stated her support for non -renewal of the waiver.
Garry Brown, member, Orange County Coast Keeper, spoke regarding protecting the marine
habitat. He stated that the beach is the city's identification and that it has an ocean -based
economy.
Paul Arms informed Council that he had received a communication from a representative of the
Sierra Club, giving the background of the organization. He read excerpts of the letter that states
opposition to the 301(H) waiver and full support of the Clean Water Act. Mr. Arms expressed
his approval of Mayor Julien Houchen's opposition to a renewal of the waiver to be granted to
OCSD.
(City Council) Request Made to Bring Forward and Jointly Consider at Vote the
Resolution Drafted by Mayor Pam Julien Houchen Re: Opposition to the Section 301(H)
Waiver, together with Two Council Memoranda from Councilmember Ralph Bauer Re:
Water Quality Issues (520.30)
Mayor Julien Houchen recommended that the three agenda items regarding the above -
captioned issues received from Council brought forward, when the time comes to vote, be
considered jointly. The Council concurred unanimously with no members absent.
Public Comments Resumed
Irwin Haydock informed Council that he had worked for the Orange County Sanitation District
(OCSD) and that from 1996 through 1999, wrote the 20-meter study of the ocean outfall. He
regarded his discoveries as a "looming of plumes, " stating that it brings into question if life is
being threatened. Dr. Haydock spoke in opposition to the 301(H) waiver granted to OCSD.
Greg Jewell, Seal Beach resident and a member of the Surfriders' Foundation, stated that he
holds OCSD responsible for the plume going to the ocean in the beach cities of Huntington and
Newport.
Bill Gregory spoke in opposition to a renewal of the 301(H) waiver being granted to OCSD, and
chanted the catchphrase, "Do us a favor and get ridof the waiver."
(8) September 17, 2001 - Council/Agency Minutes Page 8
Chauncey H. Alexander spoke regarding the tremendous impact of water quality on the
community. Mr. Alexander informed Council of his involvement in forming a health care council
ten years ago, and cautioned that the elderly are among those most susceptible to suffering
from disorders.
Margene Watkins stated her opposition to the 301(H) waiver being granted to OCSD.
Ms. Watkins spoke regarding how central the beach was to her lifestyle while growing up in
Huntington Beach, and how saddened she is that she is does not allow her grand daughter to
go into the water.
Dean Reinemann informed Council that he attended a meeting in which OCSD conducted a
survey asking homeowners if they were willing to pay for secondary treatment. Mr. Reinemann
expressed the belief that although over half of those polled said yes to a charge of $80 per
month, it would be simpler to oppose the 301(H) waiver.
Lou Baker related that his request for samples of primary and secondary treated wastewater
was refused by the Orange County Sanitation District. He stated he was cautioned that
employees splashed with the water would be required a toxic wash and inoculation. Mr. Baker
informed Council of available literature from the Library titled "The Sea Minder." Mr. Baker
stated that the book takes the matter a step further than treatment by altogether banning
discharge into the ocean.
Subsequent to the last speaker to comment on the opposition to the 301(H) waiver,
Councilmember Dettloff announced her intent to make a motion to support all three of the
following agenda items regarding water quality issues:
(City Council) Directed Staff to Prepare Feasibility Study on Huntington Harbour
Recommendations Re: Water Quality Improvements and Urban Runoff Prevention
Measures Including Adoption of (1) Inoperable Boats Ordinance; (2) Restaurant Grease
Receptors; (3) Sewage Dumping Administrative Citation; and (4) Storm Drain Program
(120, 90)
The City Council considered a communication from Councilmember Ralph Bauer transmitting
the following Statement of Issue: There may be some steps the Council would be willing to
take that could deal with contaminated urban run-off. These comments came as a result of
meetings of the Huntington Harbour Water Quality Meeting. It is the purpose of this discussion
to request the staff to return to the Council with a cursory examination of the issues listed below
and the cost to implement them.
1. Eliminate all of live aboards in Huntington Harbour. The current ordinances allow 72 hours
live aboard, but it is difficult to prove that the live aboard is staying more than 72 hours. An
ordinance on rion-operable boats may also be in order. The dye tablet program, although
appealing, is difficult to administer, especially at night. Any program will cost money; thus a
fee on boats or docks may be in order. To my knowledge, there are four marinas in
Huntington Harbour and many private docks.
2. Installation of grease traps in all restaurants. Brochure on guidelines for restaurant
cleaning.
(9) September 17, 2001 - Council/Agency Minutes Page 9
3. More frequent street sweeping in high trash areas.
4. A helpful hint brochure like that prepared by Dana Point for preventing urban run-off.
5. A video similar to that produced at Dana Point that shows people how to prevent urban run-
off.
8. Receive permission from homeowner groups to stand on their docks to retrieve trash
trapped in the corner of channels.
7. More and more convenient pump -out stations.
8. Severe fines for anyone pumping bilges or emptying sewage into Huntington Harbour.
Institute an Administrative Citation Program.
9. Improved debris booms and catch basins. Start an "Adopt a Storm Drain" Program
10.On-site local treatment of run-off.
11. Hot line for suspicious activities related to pollution.
Councilmember Dettloff prefaced the motion to approve the following three Council memoranda
regarding water quality concerns, by addressing certain aspects of the issue within each item.
The first issue herein relates to Councilmember Bauer's above -captioned item relative to the
Huntington Harbour.
As a Coastal Commissioner, Councilmember Dettloff pointed out that there is an ongoing water
quality study of the Huntington Harbour being conducted by the Regional Water Quality Control
Board (RWQCB) in conjunction with the Orange Coast Keepers, city representatives, and
various health department agencies. Councilmember Dettloff stated that the concerns brought
forward by Councilmember Bauer play an important role in the determination of what ought to
be achieved and incorporated into the Water Quality Master Plan, which is being developed for
the elimination of diseases.
A motion was made by Dettloff, second Cook to approve, after discussion is complete, direction to
staff return to Council with proposals mutually agreed to as being effective. 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 Contact the Orange County Sanitation District Board
Regarding (1) the Amelioration of Ocean Outfall and (2) the Construction of Sewage
Treatment Facilities (1020.50)
The City Council considered a communication received from Councilmember Ralph Bauer
transmitting the following proposed motion for Council consideration.
(10) September 17, 2001 - Council/Agency Minutes Page 10
Councilmember Dettloff addressed Councilmember Bauer's proposal relating to water quality
issues, by stating that it is proper to continue with impartial studies whether or not the AES
power plant has a role in water quality as far as the plume is concerned. She stated that this is
due to the fact that all the data gathered impacts not only the city, but imparts valuable
information in order to make better decisions about water quality issues as a whole.
A motion was made by Dettloff, second Cook to approve that:
1. If evaluation of all data by impartial, independent experts shows the outfall from the Orange
County Sanitation District is in any way implicated in the contamination of Orange County
beaches, it is respectfully requested that the Board of the Orange County Sanitation District
take immediate action to ameliorate this problem.
and
2. Since the ocean has a finite ability to purify itself, many of us philosophically feel that adding
disease causing foreign material, such as partially treated sewage, is inappropriate. We
thus request that the Board of the Orange County Sanitation District take the necessary
action to construct facilities that eliminate all materials that adversely affect humans.
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. 2001-69 Opposing the Renewal/Extension of the
Environmental Protection Agency (EPA) Section 301 (H) Waiver for the Orange County
Sanitation District (OCSD) and Supporting Full Secondary Treatment Relating to the
Discharge of Wastewater in to the Pacific Ocean (520.30)
The City Council considered a communication received from Mayor Pam Julien Houchen
transmitting the following Statement of Issue: Currently, the Orange County Sanitation District
(OCSD) discharges approximately 236 million gallons of wastewater (sewage) into the Pacific
Ocean on a daily basis. Under existing practices, approximately one-half of this wastewater
(118 gallons) is treated to a secondary level, with the remaining one-half treated to only the
primary level.
Primary treatment includes a filtering process that only removes solid materials from the
wastewater. Secondary treatment not only removes the solid materials, but also accelerates the
removal of most of the wastewater bacteria through an advanced decomposition process.
According to recent studies underway by the OCSD, and analysis of the OCSD "20-Meter Fecal
Coliform Study" data gathered in 1996, under certain conditions, the wastewater plume
emanating from the OCSD ocean outfall, some 5 miles offshore, may move much closer to the
shoreline than was formerly known. Furthermore, the data collected and analyzed from these
studies is inadequate and incomplete to conclusively rule out the OCSD outfall as a source of
beach postings and ocean water closures by the County Health Care Management Agency.
(11) September 17, 2001 - Council/Agency Minutes Page 11
At a minimum, there needs to be further study of these conditions before the Environmental
Protection Agency Section 301 (H) waiver extension is renewed. Therefore, I am recommending
that the city oppose the renewal of the waiver and support full secondary treatment of
wastewater by the OCSD.
Councilmember Dettloff spoke relative to the permit standards set by the Environmental
Protection Agency (EPA) for a Section 301(H) waiver. She stated that the crux of the matter
before Council is whether the waiver should be extended to the Orange County Sanitation
District for renewal. Councilmember Dettloff informed Council that the State Water Quality
Control Board has become stricter; that it does not consider secondary treatment as being that
effective in eliminating pathogens coming in and out of the outfall, and is therefore looking into
other possible methods of removal in combination.
Councilmember Dettloff made a reminder that urban runoff and other reasons for contamination
can not be forgotten, mentioning the state diversion program and thanking OCSD for its efforts.
She stated that a large percentage of the budget in the Public Works Department goes into
looking at the runoff problem in preparation of the Water Quality Master Plan. Councilmember
Dettloff suggested the correction of the problems occurring in the flood control channels as well.
Councilmember Garofalo expressed his pleasure that all the concerns were coming together
and stated that his own resolution, which had been announced earlier by the City Clerk, closely
follows. He stated his hopes for Council to support the motion to approve.
Mayor Julien Houchen stated the belief that the biggest problem is that the Komex 20-meter
study is inconclusive and incomplete in not ruling out bacteria as reaching the surf line. She
thanked Councilmembers Bauer and Dettloff for their support.
Councilmember Boardman and Mayor Pro Tern Cook also supported the motion to approve.
Mayor Pro Tem Cook inquired why no one can say how much a dye study would cost.
Councilmember Green raised the question of urban runoff as a cause of contamination, citing
statistics that suggest it as one of the main sources. He spoke regarding the beach postings in
the County of Orange, stating that 16% were found in the city and state beaches.
Councilmember Green recommended that concentration be placed on whether the outfall is the
source of contamination.
Councilmember Green informed Council that he knows several members of the Orange County
Sanitation District (OCSD) Board and that they are very conscientious. He mentioned the large
number of OCSD meetings to be held to look in detail at the available options. He provided
timelines and spoke regarding budgets with or without the waiver that are being presented
before the OCSD Board. Councilmember Green remarked that even though the City Council
may be voting for full secondary treatment, he would urge everyone in the audience to continue
to attend future meetings of the OCSD Board.
Councilmember Green stated that he supports the motion on the table to approve the resolution,
with the understanding that it can be revised, if full secondary treatment is found to be less
effective than disinfection or microfiltration.
Councilmember Garofalo reiterated that he had drafted a resolution but believes it is not
necessary, urging Council not to wait five years but to start the process of disinfection now. He
(12) September 17, 2001 - Council/Agency Minutes Page 12
mentioned having spoken to Congressman Dana Rohrabacher many years before about this
issue before it became a popular notion.
A motion was made by Dettloff, second Cook to adopt Resolution No. 2001-69 - "A Resolution of
the City Council of the City of Huntington Beach Relating to the Discharge of Wastewater into the
Pacific Ocean. 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 Made by the City Attorney of Action Taken in Closed Session
Pursuant to Government Code Section 54957.1 at the September 17, 2001 Council Meeting to
Discuss the Matter of the City of Huntington Beach v the Orange County Water District
(120.80)
City Attorney Gail Hutton reported out that the City Council convened in closed session on
September 17, 2001 to discuss the matter of City of Huntington Beach v Orange County Water
District. The Council unanimously voted, with no members absent, to appeal the trial court
judgment.
Mayor Pam Julien Houchen made a statement about the tragic events of September 11, 2001
and extended her sympathies.
Flag Ceremony and Pledge of Allegiance - Brownie Troop #413, Saints Simon and Jude
School, Huntington Beach, Janet Froning, Brownie Leader.
Invocation - Father Christian Mondor, Saints Simon and Jude Church, Huntington Beach.
City Clerk Announced Late Communications
Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced the following Late
Communications received by her Office which pertain to items on the agenda:
Communication dated September 14, 2001 from Victor Leipzig, Executive Director of Orange Coast
Watch transmitting their opposition to the renewal of the 301(h) waiver currently held by the Orange
County Sanitation District. Communication titled Orange Coast Watch - Position on OCSD 301(h)
Waiver.
Communications dated September 4, 2001 from Nancy Donaven and Albert Terjenian transmitting
their opposition to the 301(h) waiver currently held by the Orange County Sanitation District.
Communications titled Do Us a Favor, Get Rid of the Waiver.
Slide show presentation dated September 17, 2001 from the Public Works Department titled
Preliminary Review of OCSD 1996 20m-Study.
Slide show presentation dated September 17, 2001 from the Orange County Sanitation District
titled Orange County Sanitation District - Huntington Beach City Council - September 17, 2001_
PowerPoint presentation on Fund Transfers — City Budget.
(13) September 17, 2001 - Council/Agency Minutes Page 13
City Treasurer's Report dated September 17, 2001.
Communication dated September 13, 2001 from residents of Lakepoint Lane transmitting their
request for revised operating hours of the Huntington Beach Dog Park. Communication titled
Huntington Beach Dog Park.
Communication dated September 17, 2001 from the City Attorney's Office transmitting a revised
Resolution No. 2001-62. Communication titled Late Communication - Item E-7 on September 17,
2001, Council Agenda Resolution No. 2001-62.
Communication dated September 17, 2001 from the Economic Development Department
transmitting supplemental information regarding the proposed item. Communication titled Agenda
Item E 13/Supplemental Information.
Slide show presentation submitted by the Community Services Department to the City Clerk's
Office on September 17, 2001 titled Park Naming and Memorials - Issues.
Communication from the Community Services Director dated September 14, 2001 transmitting
biographies on Chris Carr and John Baca, the Medal of Honor recipients.
Communication dated September 17, 2001 from Dorothy Boesch requesting that Council re-
evaluate its decision to build the Huntington Central Park Sports Complex.
Communication dated September 17, 2001 from Councilmember Dave Garofalo transmitting his
proposed modified version of the City Council Resolution No. 2001-69 re: Discharge of Wastewater
into the Pacific Ocean. Communication titled Late Communication for September 17, 2001 Council
Meeting - Regarding Orange County Sanitation District Resolution.
Presentation - By Mike Ali, local businessman, of a cash contribution to the Red Cross.
(160.40)
Presentation - By Mayor Pam Julien Houchen to Robert Kakuk, Team Leader, Vietnam
Veterans of Orange County, proclaiming the Week of September 17-23, 2001 as POWIMIA
(Prisoners of War/Missing in Action) Recognition Week. (160.40)
Public Comments Resumed
Bob Kakuk spoke regarding the importance of honoring the two Huntington Beach Medal of
Honor Recipients, John Baca and Chris Carr, in reference to the policy resolution relative to the
Veterans' Memorial Plaza and related items. Mr. Kakuk urged a vote of "yes" on the proposed
naming of a park for John Baca, based on the rationale that there is a park named in honor of
Chris Carr.
Alan Reid stated that as a concerned neighbor of the Best Friend Dog Parr, he is of the opinion
that although there is a need for the park, the present location in Huntington Central Park is not
the appropriate spot. Mr. Reid stated that he believes the Huntington Beach Municipal
Ordinance Code relative to decibel levels is deficient.
(14) September 17, 2001 - Council/Agency Minutes Page 14
Bob Stiles lodged a complaint against the hours of operation of the Dog Park, referring to the
duration of the barking and traffic noises of the surrounding area. Mr. Stiles concurred with the
last speaker, Mr. Reid that he found the Huntington Beach Municipal Ordinance also lacking
with regard to decibel levels.
Don McGee stated his opposition to the location of the Dog Park. He stated on Saturdays one
can hear the barking dogs, in combination with traffic noise and the sounds emanating from the
soccer field. Mr. McGee informed Council that he bore witness to a dog mauling, voicing his
objection to the city's handling of the matter.
Suzanne Lambert spoke in support of the Best Friend Dog Park, informing Council that it is
beneficial for the city for revenue -generating reasons. She stated she is not a Huntington
Beach resident; however after travelling through the Dog Park, she typically stops in the city to
fill up with gas and buy refreshments and groceries. Ms, Lambert reiterated that because of the
Dog Park she can make a significant number of retail purchases in the city, in addition to
spending quality time with her dog.
Richard Whissen informed Council of his role a year ago while on the board of the Best Friend
Dog Park Foundation. Mr. Whissen spoke regarding the efforts that the Dog Park users have
made to show a willingness to be a good neighbor, which he stated has resulted in less revenue
generated for the park.
Mona Fine spoke in opposition to the reduced hours of operation of the Dog Park, stating that
the limitation renders the park useless for her. Ms. Fine stated the opinion that the location
needs to be changed, expressing her approval of the planned remediation of the old gun range,
which is the proposed new site.
Laura Garay, Chair, Best Friend Dog Park Foundation, concurred with the previous speaker,
Mr. Whissen, that the Dog Park is $3,000 poorer as a result of pleasing its neighbors. She
informed Council that in response to complaints by the neighbors, a staff member evaluated the
level of noise emanating from the Dog Park and came to the conclusion that traffic sounds are
louder than the barking of dogs; that the decibel readings of the latter did not rise above
nuisance level according to the city's ordinance relating to noise standards. She stated
agreement with the proposed "dawn to dusk" hours of operation, and that the foundation is
willing to compromise and work with staff.
Maxwell J. Smith rebutted the last speaker's comments, stating he wishes to present the
opposing viewpoint regarding the Dog Park noise level. He that it is not the decibel, but the
annoyance level that causes much of the anxiety among its neighbors. Mr. Smith requested
reconsideration of the hours to limit them so as not to cause further disturbance.
Denise Smith stated her opposition against the Dog Park's current hours of operation and her
support of its relocation. She informed Council that during the last five years, the facility has
become extremely popular. Ms. Smith spoke regarding the Dog Park's aborted attempts at
several strategies to drown out disturbing noises.
Sherry Hollander stated that she would not be against the Dog Park if it were in the right
location, suggesting the restriction of the hours of operation is needed for reasons of quiet and
tranquility. Ms. Hollander presented a brief video, which she stated records the barking and
traffic noises emanating from the vicinity of the Dog Park.
(15) September 17, 2001 - Council/Agency Minutes Page 15
Bart Hollander stated opposition to the current operation of the Dog Park, speaking regarding
noise as an issue. Mr. Hollander made recommendations to limit the hours of operation.
Al Zelaya addressed and supported the agenda item relative to the Congressional Medal of
Honor awardees. Mr. Zelaya then addressed the Dog Park issue, stating that if he had lived in
the neighborhood of the Dog Park, he also would object to the noise levels. Mr. Zelaya stated
that he has a pet and has the option to take it to the beach. He expressed approval of the
relocation of the Dog Park provided that the city finds a location that is not costly.
Chuck Beauregard, Chair, Save Our Kids (SOK), voiced his support of the agenda item
regarding the Huntington Central Park (HCP) Youth Sports Complex. Citing statistics that the
rate of growth in the number of children per household is on the rise, Mr. Beauregard spoke as
a parent of an Olympic athlete on the importance of sports to the development of youth.
Gerald Chapman, Chair of the Planning Commission (PC), spoke regarding the Huntington
Central Park (HCP) Youth Sports Complex item on the agenda. He informed Council that the
Planning Commission was denied review of the geo-technical report when the matter came up
for approval before the Planning Commission. Dr. Chapman spoke regarding the need for
periodic maintenance, stating that none of the costs for the geo-technical items had been
addressed.
Topper Horach asked for clarification from staff on the report on the Huntington Central Park
(HCP) Youth Sports Complex, which the previous speaker, Dr. Chapman had addressed.
Mr. Horach referred to the pages of the staff report regarding the proposed playing field
schedule of the HCP Sports Complex, pointing out that there is a 10-to-I ratio of time allotted for
adult and youth soccer.
Jim Berton! spoke in support of the ordinance on the agenda pertaining to nuisance control
standards for vacant real property. Mr. Berton! stated his approval of fencing the private
property adjacent to where he lives due to trash accumulation and vehicular activity.
Leonard Crane relayed his experiences growing up as a wartime youth, stating that the present
war is about economics. Mr. Crane cautioned against vigilante activity, requesting that innocent
people not be targeted.
Norm Westwell urged that "Safe and Sane" fireworks be allowed in Huntington Beach for the
next 4"' of .July Celebration as he believes this is what people want.
Jim Barker, Los Amigos Mobile Home Park resident and Communications Director for the
Huntington Beach Mobile Home Owners Association (HBMOA) stated his objection to the
proposed Property Owners Rights Protection measure scheduled for the March 5, 2002 Special
Municipal Election. He expressed the belief that the Charter Amendment not only adversely
affects mobile homes, but also apartment and single family housing renters. Mr. Barker urged
Council to take the same position, as he stated they had previously done when they were the
first city to pass a resolution to oppose State Proposition 199.
Steve Gullage lodged his complaint against what he referred to as an anti -renters initiative that
allows abusive and excessive rental increases by property owners who do not reside in the city.
Mr. Gullage cautioned that the city's police power to protect its citizen renters; which he defines
(16) September 17, 2001 - Council/Agency Minutes Page 16
as the constitutional right of the city to exercise rent control, would be taken from Council if the
Charter Amendment were to pass.
John Jankowski informed Council of a Superior Court ruling that the business of mobile home
park ownership is a monopoly in Los Ange[es. He listed various regulatory agencies, which he
stated are set up by the government in order to protect citizens' consumer rights. Mr. Jankowski
spoke regarding how well rent stabilization has been working in such cities as Santa Barbara
and Chino. He stated that the City of Hemet has no rent control ordinance, and does not need
one since its rates are based on the Consumer Price Index.
Joe Carchlo announced that on Sunday, September 23, 2001 there will be a pasta dinner fund
raiser for the New York Fire and Police Departments due to the September 11, 2001 national
tragedy. Mr. Carchio announced that he can be reached at (714) 962-8539 or Mike Ali at
(714) 536-0215 for more information.
Cynthia Doe stated that as a user of the Dog Park, she favors continuing the city contract with
the Best Friend Dog Park Foundation. She expressed her assurance that with mutual respect,
the differences between the parties are resolvable. Ms. Doe spoke regarding Ed Laird being
voted "Citizen of the Year."
(City Council) Announcement Made by Mayor Julien Houchen Re: Huntington Beach
Voted by the Annual Survey of the Orange County Register as the "Best City to Live In"
for the Third Year in a Row (160.40)
Mayor Julien Houchen made the announcement that at the next Council meeting, a presentation
will be given to the City of Huntington Beach for being voted for the past three years as the
"Best City to Live In" in an annual survey conducted by the Orange County Register.
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's July 2001
Report, 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 Shari Freidenrich
transmitting the Monthly Investment Report for July 2001.
City Treasurer Freidenrich presented the PowerPoint slide report that had been announced
earlier by the City Clerk as a Late Communication.
A motion was made by Boardman, second Bauer to review and accept the monthly report.
Following review of the report, by motion of Council, accept the Monthly Investment Report
Summary of investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for July
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, Bauer
NOES: None
ABSENT: None (Garofalo, Dettloff out of the room)
(17) September 17, 2001 - Council/Agency Minutes Page 17
(City Council) Public Hearing Held to Consider the City Budget: (1.) Approved Adoption
of Resolution No. 2001-60 with Addendum for Fiscal Years 2001102 - Directed City
Administrator to Return to Council in August 2002 to Submit FY 2002/03 Budget; and
(2.) Approved, As Amended, to Include Replenishment of Book, Periodicals and Video
Acquisition Fund with Unbudgeted Income Received by the Library Service Fund from
Grants and Donations (320.20) .
Mayor Julien Houchen announced that this was the time scheduled for a public hearing for the
purpose of considering the city budget for Fiscal Years 2001/02 and 2002/03.
The City Council considered a communication from Administrative Services Director Clay Martin
setting forth that the proposed budget for FY 2001/02 totals $277,283,890 including General
Fund Expenditures of $133,037,248. The proposed budget for FY 2002/03 totals $267,051,408
including General Fund Expenditures of $137,999,795.
A PowerPoint presentation titled Proposed Budget 2001103 Fiscal Years is included in the
agenda packet.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
City Administrator Silver and Administrative Services Director Martin presented a PowerPoint
slide report titled Fund Transfers — City Budget, which had been announced earlier as a Late
Communication by the City Clerk.
Mayor Julien Houchen declared the public hearing open.
Gerald Chapman inquired what is the estimated amount of revenue to be generated from the
adult and youth sports complex user fee. He requested to know if the bonds have been issued
around August 27, 2001, the time when the budget review study sessions began. Dr. Chapman
asked if the maintenance costs for the sports complex are outlined somewhere in the budget.
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
A motion was made by Garofalo, second Dettloff to revise the staff recommended motion and
bring forward Councilmember Bauer's Council memorandum requesting approval of income
replenishment for the Book, Periodicals and Video Acquisition Budget to be included with the
motion to approve the Fiscal Year 2001 and 2002 city budget. The motion carried unanimously,
with no members absent.
Mayor Pro Tern Cook spoke regarding what she found to be a lack of maintenance on the
hardscape.
Community Services Director Ron Hagan referred to Page Nos. F-2.9 and F-2.10 of the staff
report on the agenda item for the Huntington Central Park (HCP) Sports Complex in response to
the questions raised by both the public speaker, Dr. Chapman and by Mayor Pro Tern Cook.
Director Hagan stated that the pro -forma presented on the aforementioned two pages of the
staff report provides the full breakdown of program income and maintenance costs and also
addresses Dr. Chapman's concerns regarding the bond issue.
(18) September 17, 2001 - Council/Agency Minutes Page 18
Administrative Services Director Martin reported that the debt service, as well as revenue will
not be realized in this budget. He stated what will be realized are capital project costs and bond
revenue.
A motion was made by Garofalo, second Dettloff to:
1. Adopt Resolution No. 2001-60 - "A Resolution of the City Council of the City of Huntington
Beach Adopting a Budget for the City for Fiscal Year 2001/02" approving the FY 2001/02
City Budget and incorporating the "Addendum" to the proposed budget, and instructing the
City Administrator to submit the i=Y 2002/03 Budget (second year of the two-year budget) to
the City Council in August of 2002 in substantially the form submitted in the two-year
budget;
and
2. Approve, as amended, as part of the budget that the Council approves, include that
unbudgeted income to the Library Service Fund, library grants, or library donations be used
to replenish the reduction of $116,232 in the book, periodical, and video acquisition budget.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Administrative Hearing — Adopted Resolution No. 2001-61 — Approving
Certification of Special Assessments for Delinquent Civil Fines for Municipal Code
Violations (570.60)
Mayor Pro Tem Cook announced that this was the time scheduled for an Administrative Hearing
to consider a communication from Communication from the City Treasurer and the City Attorney
as required by the California Government Code Section 38377.5 for the purpose of certifying
special assessments against properties where public nuisances have occurred.
City Attorney Gail Hutton reiterated that communication submitted by her office dated
September 12, 2001 transmitting the deletion of one of the citations from the staff report is
included in the agenda packet.
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.
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.
City Attorney Gail Hutton presented an oral report. She stated that the Request for Council
Certification of recording Notices of Special Assessments against private property for the value
of unpaid civil fines, plus interest and penalties, pursuant to Ordinance No. 3397 was adopted
by City Council on June 15, 1998.
(19) September 17, 2001 - Council/Agency Minutes Page 19
A motion was made by Garofalo, second Green to adopt Resolution No. 2001-61 entitled "A
Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for
Collection of Delinquent Civil Fines for Municipal Code Violations." The motion carried by the
following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
Consent Calendar — Item Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(City Council) Continued Operation of Dog Parts in Huntington Central Park for One Year with
Modification in Hours of Operation - Memorandum of Understanding (MOU) Between the City and
the Best Friend Dog Park Foundation (600.10)
Consent Calendar — Items Approved
On motion by Garofalo, second Cook, Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency regular adjourned meetings of August 13, 2001 and
regular meetings of August 20, 2001 as written and on file in the Office of the City Clerk.
Submitted by the City Clerk.
(Redevelopment Agency) Adopted Resolution No. 323 of the Redevelopment Agency
Amending the Agency Debt (to Receive Tax Increment Revenue) Pursuant to the
Operative Agreement Between the City and the Agency for the H.B. Redevelopment Fund
per California Community Redevelopment Law Requirements to File Annual Statement
(600.30) - Adopted Resolution No. 323 - "A Resolution of the Redevelopment Agency of the
City of Huntington Beach Amending the Agency Debt Pursuant to the Operative Agreement
between the City of Huntington Beach and the Redevelopment Agency of the City of Huntington
Beach for the Huntington Beach Redevelopment Project." Submitted by the Administrative
Services Director and the Redevelopment Agency Deputy Executive Director. Funding Source:
Not Applicable. The Redevelopment Agency of the City of Huntington Beach incurs debt to
receive tax increment revenue in accordance with California Community Redevelopment law.
The Agency is required to file an annual statement to document this debt with the County of
Orange Auditor/Controller by October 1, 2001. This statement is also needed for audit purposes
and to keep the City Council informed of the changes in the debt owed the city by the
Redevelopment Agency.
(20) September 17, 2001 - Council/Agency Minutes Page 20
(City Council) Accepted Improvements Constructed by Klassic Engineering, Inc. - Beach
Public Services Center Project, CC-1113 (Located at Pacific Coast Highway slo
Huntington Beach Pier) and File a Notice of Completion (600.80) - Accepted the Beach
Public Services Center Project, CC-1113, at a final cost of $513,970.53, and authorize the City
Clerk to file a Notice of Completion. with the County Recorder's Office. Submitted by the Public
Works Director. Funding Source: Pier Rebuilding Funds.
(City Council) Adopted Resolution No. 2001-63 Authorizing and Designating Certain City
Officials to Execute Applications for Weapons of Mass Destruction (WMD) Grants
(340,80) - Adopted Resolution No. 2001-63 authorizing certain City officials, the Fire Chief, or
the Emergency Services Manager, or the Emergency Services Coordinator, to execute
applications and documents to obtain Weapons of Mass Destruction (WMD) grants. - "A
Resolution of the City Council of the City of Huntington Beach Authorizing Certain City Officials
to Execute Weapons of Mass Destruction CWMD'j Grant Applications and Documents."
Submitted by the Fire Chief/Information Systems Director. Funding Source: The City's
Emergency Services Office will only apply for Weapons of Mass Destruction (WMD) grants
which require no City funding. There will be no direct costs to the City of Huntington Heath and
the grants do not obligate the City for future funding.
(City Council/Redevelopment Agency) Adopted Council Resolution No. 2001-66 and
Agency Resolution No. 324 Providing for Shelter for the Homeless, Inc. (dba American
Lodging) Multifamily Affordable Housing Project at 7802 Barton Drive (600.30) - City
Council Recommended Action: Adopted Resolution No. 2001-66 - `A Resolution of the City
Council of the City of Huntington Beach Providing for the Subordination of the Deed of Trust
between the Redevelopment Agency of the City of Huntington Beach, Shelter for the Homeless,
Inc. DBA American Lodging, and the City of Huntington Beach." Redevelopment Agency
Recommended Action: Adopted Resolution No. 324 - "A Resolution of the Redevelopment
Agency of the City of Huntington Beach Providing for the Subordination of the Deed of Trust
Between the Redevelopment Agency of the City of Huntington Beach, Shelter for the Homeless,
Inc., DBA American Lodging, and the City of Huntington Beach." Submitted by the Director of
Economic Development/Redevelopment Agency Deputy Executive Director. Funding Source:
Not Applicable. (The Owner Participation Agreement with Shelter for the Homeless, Inc. was
approved by the City Council on March 20, 2000.)
(City Council) Adopted Resolution No. 2001-62 Amending the City's Classification Plan to
Revise the Position of Permit Supervisor and Change Title to Supervisor, Plan Check and
Permits (700.10) - Adopted Resolution No. 2001-62 - "A Resolution of the City Council of the
City of Huntington Beach Amending the Classification Plan to Include Revised Classification
and Title Changes of the Current Permit Supervisor Classification to Supervisor, Plan Check
and Permits." Submitted by the Administrative Services Director. Funding Source: The vacant
Permit Supervisor position is funded in fiscal year 2001/01 in the Building and Safety
Department Budget.
(City Council) Approved the 2001-03 Traffic Signal Installation Priority List: (1) 171n
Street at Palm Avenue; (2) Newland Street at Hamilton Avenue; (3) Graham Street at Heil
Avenue; and (4) Beach Boulevard at Taylor Drive (580.10) - Approved the 2001/03 Traffic
Signal Installation Priority List. Submitted by the Public Works Director. Funding Source: The
City's proposed 2001-2003 budget requests funding for three traffic signal installations from the
AQMD 2766 Subvention program.
(21) September 17, 2001 - Council/Agency Minutes Page 21
(City Council) Approved and Authorized Execution of a Master Equipment Lease/
Purchase Agreement with KOCH Financial Corporation for Four Fire Department
Ambulances - Approved Modifications to the Insurance Indemnification Requirements
(600.95) -1. Approved and authorized the Director of Administrative Services, per Municipal
Code Section 3.02.060, to enter into a lease/purchase agreement with KOCH Financial
Corporation for four ambulances in the amount of $503,938 from the FireMed Fund with a
maximum term not to exceed three years in substantially the same form as the attached
agreement titled Equipment Lease Purchase Agreement; and 2. Approved the City's obligation
to indemnify KOCH Financial Corporation and its assignees pursuant to Section 13.02 of the
master equipment lease/purchase agreement; and 3. Authorized the Director of Administrative
Services 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. Submitted by the
Fire Chief/information Systems Director and the Administrative Services Director. Funding
Source: FY 2000101 FireMed Fund. Total of $503,938 paid in quarterly payments of $41,995
over a three year period, FY 2000/01 - $41,995 (one payment); FY 2001/02 - $167,979 (four
payments); FY 2002iO3 - $167,979 (four payments); FY 2003104 - $125,985 (three payments).
Purchasing the four ambulances provides a financial benefit due to accrued interest on the fund
balance and favorable lease terms resulting in approximately $10,000 savings over the term of
the lease.
(City Council) Accepted the City's Flood Management Plan (FMP) Annual Review and
Update to Implement FMP Goals for Flood Mitigation and Reduction and Approved to be
Forwarded to the Federal Emergency Management Agency (FEMA) (550.50) - Accepted
the Flood Management Plan Annual Review and Update and approved to be forwarded to the
Federal Emergency Management Agency. Submitted by the Planning Director. Funding
Source: Not Applicable. (The Flood Management Plan was approved by the City Council at the
Public Hearing held September 5, 2000.)
(City Council) Adopted Resolution No. 2001-68 Approving and Authorizing the City
Administrator to Execute the Side Letter of Agreement Amending the Memorandum of
Understanding Between the City and the Police Management Association (PMA) (720.20)
Adopted Resolution No. 2001.68 - 'A Resolution of the City Council of the City of Huntington
Beach Amending the Memorandum of Understanding between the City and the Huntington
Beach Police Management Association, by Adopting the Side Leiter of Agreement and
Authorizing the City Administrator to Execute the Side Letter of Agreement." Submitted by the
Administrative Services Director. Funding Source: $35,000 in the 2000/01 budget, Non
Departmental General Fund Contingency Account.
(City Council) Approved City Attorney and Risk Management Recommendation of the
Waiver of Professional Liability Insurance Requirements for Under $20,000 Professional
Services Contract Between the City and Gladstone International for Media Training of
City Personnel (180.10) -Approved the request for waiver of professional liability insurance as
recommended by the City Attorney and Risk Manager. Submitted by the Communications &
Special Projects Director. Funding Source: Not Applicable. (City Council action is required for a
full waiver from the city's standard policy on agreement for which City Council approval is not
necessary as contract services do not exceed $20,000.)
(22) September 17, 2001 - Council/Agency Minutes Page 22
(Redevelopment Agency) Adopted Resolution No. 325 of the Redevelopment Agency
Authorizing an Application to the California Housing Authority Financing Agency (CHFA)
for Affordable Housing Program Called Housing Enabled by Local Partnerships (HELP)
Program (340.80) - Adopted Resolution No. 325 - "A Resolution of the Redevelopment
Agency of the City of Huntington Beach Approving the Application for a Loan from the California
Housing Finance Agency and Authorizing the Chairman of the Board to Execute the Note and
All Other Documents Necessary in Connection Therewith." Submitted by the Redevelopment
Agency Deputy Executive Director. Funding Source: Not Applicable.
(City Council) Approved and Authorized Execution of Amendment No. 1 to the
Professional Services Contract between the City and Thomas D. Tucker of Pulse
Marketing to Add Two Subconsultants: (1) ISES Corp. and (2) Claritas, Inc. for the Park
Nexus Study Relative to Increase in the City's Park -in -Lieu Fee - Approve Waiver of
Insurance Liability Requirements for Both Subconsultants (600.10) -1. Approved and
authorized Amendment No.1 to the professional services contract with Pulse Marketing for the
sub -consultant ISES Corporation to perform an analysis of 13 Community Services facilities at a
cost of $22,840, and the sub -consultant, Claritas, Inc. to perform a telephone sampling survey
of businesses at a cost of $15,000, plus contingencies of $5,660, for a total expenditure of
$43,500. The amendment is titled Amendment No. 1 to the Professional Services Contract
Between the City of Huntington Beach and Thomas D. Tucker, Individually and Doing Business
as Pulse Marketing for an Analysis, Nexus Study and Strategic Plan Regarding the City's Park
In -Lieu Fee Ordinance and authorize Mayor and City Clerk to sign same; and 2. Authorized the
Director of Administrative to transfer $43,500 from the Park Acquisition and Development Fund
Professional Services Account into Contractual Services Account for the addition of
subconsultants to the Pulse Marketing contract; and 3. Waive the professional liability
requirement for both subconsultants. Submitted by the Community Services Director. Funding
Source: Park Acquisition and Development Fund Professional Services Account.
(City Council) Approved and Authorized Execution of a Non Exclusive License
Agreement Between the City and Continuing Development Incorporated (CDl) for
Continued Operation of the Oak View Park Day Care/Child Development Program at
17241 Oak Lane (Oak View Clubhouse) (600.10) - Approved the Non Exclusive Agreement
between the City of Huntington Beach and Continuing Development Incorporated, and
authorized the Mayor and City Clerk to sign and execute the agreement. Submitted by the
Community Services Director. Funding Source: Not Applicable.
(City Council) Approved and Authorized Execution of a Reimbursement Agreement with
PCH Beach Resort, LLC (Robert Mayer Corp.) for Costs Incurred in Changing the South
Beach Phase I Improvements Plan to Accommodate View Corridor of Proposed Hyatt
Regency Grand Resort (600.10) - Approve the Reimbursement Agreement between the City
of Huntington Beach and PCH Beach Resort, LLC for Costs incurred in Changing the South
Beach Phase I Improvements Plan, and direct the Mayor and City Clerk to execute same.
Submitted by the Community Services Director. Funding Source: Not Applicable. PCH will
reimburse the city for all costs. Funds will be abated to South Beach Phase I Improvements
Project Account.
(23) September 17, 2001 - Council/Agency Minutes Page 23
(City Council) Approved and Authorized Execution of a Management Agreement Between
the City and Western Seniors Housing, Inc. for the Emerald Cove Senior Complex
Located at 18191 Parktree Circle (Subject to City Attorney's Bond and Insurance
Requirement Approvals) (600.10) -1. Approved the Management Agreement Between the
City of Huntington Beach and Westem Seniors Housing, Inc. for the Management of Emerald
Cove Senior Housing Project, subject to approval of the insurance and bond requirements by
the City Attorney, and 2. Authorized the Mayor and City Clerk to execute the agreement.
Submitted by the Administrative Services Director and the Community Services Director.
Funding Source: $35,916 per year. Emerald Cove Housing Professional Contract Services
Account.
{City Council) Approved and Authorized Execution of Amendment No. 1 to the
Agreement Between the City and Accountants, Inc. for Temporary Payroll Backfill
Personnel - JD Edwards Software Enterprise Program (600.10) - Approved and authorized
execution by the Mayor and City Clerk of Amendment No. 9 to Agreement between the City of
Huntington Beach and Accountants, Inc. for Backup Payroll and Accounting Services.
Submitted by the Administrative Services Director. Funding Source: $48,000 - FY 2000-01
Employee Benefits Operation Account (Business Unit).
(City Council) Approved the Appointments of Mayor Pam Julien Houchen and
Councilmember Ralph Bauer as City Representatives on the Orange County
Transportation Authority (OCTA) West Orange Project Definition Study Policy Committee
(120.20) - Approved appointments of Councilmember Ralph Bauer and Mayor Pam Julien
Houchen to serve as the City's representatives on the OCTA - West Orange County Project
Definition Study Policy Committee. Submitted by Mayor Pam Julien Houchen. Funding Source:
Not Applicable.
(City Council) Approved As Amended, Continued Operation of Dog Park in Huntington
Central Park for One Year with Modification in Hours of Operation - Directed Staff to
Initiate a Memorandum of Understanding (MOU) Between the City and the Best Friend
Dog Park Foundation (600.10)
Councilmember Green requested that this agenda item be removed from the Consent Calendar
to comment regarding the videotape recording played by the public comment speaker; that the
Dog Park is no longer a passive park. He recommended the operation of hours on weekdays
from 9:00 a.m. to 6:00 p.m., and on weekends from 10:00 a.m. to 5:00 p.m.
Discussion was initiated by Councilmember Boardman regarding the action on the proposed
relocation of the Dog Park to the former gun range and on the timelines for the Environmental
Impact Report (EIR) on the property.
Mayor Pro Tern Cook differentiated between the level of noise: the low pitched frequency of
traffic, versus the high pitched frequency of barking dogs, as the likelihood for what the
neighbors consider as an intolerable annoyance level.
In response to Mayor Pro Tern Cook's inquiry, Community Services Director Hagan reported on
staffs search for other property besides the former gun range. He indicated among other
locations -that consideration was made of the vicinity adjacent to the Central Library, but that
there is mobile home park situated downwind of the site.
(24) September 17, 2001 - Council/Agency Minutes Page 24
Mayor Julien Houchen informed Council that she will not support the amendment to the main
motion, as it does not address the "dawn to dusk" issue.
A motion was made by Green, second Boardman to:
1. Approve, as amended, the Best Friend Dog Park Foundation to continue operating Dog
Park at its present location within Huntington Central Park for a period of one year with the
following modifications:
Hours of operation - weekdays
April 2 - October 31 9:00 a.m. to 6:00 p.m.
November 1 - April 1 9:00 a.m. to 6:00 p.m.
Hours of operation - weekends
Year round 10:00 a.m. to 5:00 p.m.
2. Direct staff to formalize the relationship with the Best Friend Dog Park Foundation through a
Memorandum of Understanding between the City of Huntington Beach and the Best Friend
Dog Park Foundation. Submitted by the Community Services Director. Funding Source:
Not Applicable.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Garofalo, Dettloff
NOES: Julien Houchen, Bauer
ABSENT: None
(City Council) Adopted Resolution No. 2001-64 Amending the Policy for (1) The Naming
of City Parks, Park Facilities, and Community Features and (2) Honoring Veterans with
Memorials in Accordance with the Park Naming and Memorials Committee
Recommendations — Approved to Allow the Colonel Arthur Poindexter Memorial
Committee to Submit Its Recommendation (100.10/130.55)
The City Council considered a communication submitted by the Community Services Director
transmitting the recommendation of the Community Services Commission Park Naming and
Memorials Committee (PN & MC) addressing several inter -related issues relative to Veterans
Memorials and the naming of parks.
The staff report further sets forth that the PN & MC has been conducting public meetings for
more than six months and receiving input from individuals and a variety of veterans groups.
The issues before the commission and the committee were two -fold: 1) per City Council
direction, address the issue of placing a memorial to Colonel Arthur Poindexter and the
defenders of Wake Island in WWII on public land at no cost to taxpayers, and 2) naming of five
park sites within Huntington Beach. The issues expanded, overlapped, and intertwined as the
commission, through its PN & MC, put forth significant effort to listen to public input, understand
the issues, and make visits to potential memorial sites before formulating recommendations that
were then forwarded to the Community Services Commission. The Community Services
Commission is presenting the committee recommendations for Council approval.
(25) September 17, 2001 - Council/Agency Minutes Page 25
Mayor Pro Tern Cook announced that she will be opposing the motion because the memorials
should be named after individuals for meritorious achievement, as in the case of the
Congressional Medal Honorees, and not solely on the basis of having served as Mayor.
Councilmember Bauer responded that the accomplishments of Mayors Finley and Bailey
exemplified them for this distinction.
A motion was made by Garofalo, second Dettloff to:
1. Adopt Resolution No. 2001-64 -"A Resolution of the City Council of the City of Huntington
Beach Establishing its Policy for the Naming of City Parks, Park Features and Community
Facilities and Repealing Conflicting Resolutions,"
and
3. Name the following parks:
➢ Park in Upper Seacliff Lane, Ruth Finley Park (Former Mayor)
➢ Park in lower Seacliff Lane, Ruth Bailey Park (Former Mayor)
➢ Park at Palm Avenue and Goldenwest Street, Ron Pattinson Park (Former Mayor)
➢ Park at Summit Drive and Goldenwest Street, Discovery Well Park
➢ Park at Gothard Street and Ellis Avenue, John Baca Park (Congressional Medal of
Honor Recipient because there is a park named after Congressional Medal of Honor
recipient Chris Carr);
and
3. Include the parkland developed by Catellus Group (2.2 acres) as an extension of Gibbs Park
because it is adjacent to the park and includes development of .8 acres of the existing Gibbs
Park (named after Former Mayor Norma Brandel Gibbs);
and
4. Expand the Veterans Memorial area at the Civic Center to include the park -like area
adjacent to the plaza to provide an expanded venue and consider this memorial site to be
named Veterans Memorial Plaza. Monuments at Veterans Memorial Plaza shall be
consistent in size, area, and height, and be privately funded;
and
5. Approve individual memorial(s) be placed in Veterans Memorial Plaza honoring
Congressional Medal of Honor recipients John Baca and Chris Carr;
and
6. Do not place an individual memorial at the library for Colonel Arthur Poindexter as
originally requested. Allow the Poindexter Committee to submit the recommended memorial
for approval as part of the Veterans Memorial Plaza once the guidelines have been
established for all memorials at the plaza.
(26) September 17, 2001 - Council/Agency Minutes Page 26
The motion carried by the following roll call vote:
AYES: Green, Boardman, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Cook
ABSENT: None
(City Council) Accepted Bid and Awarded Construction Contract to Valley Crest for the
Huntington Central Park Sports Complex, CC-1121 (600.65)
The City Council considered a communication submitted by the Community Services Director
and the Public Works Director requesting the City Council to accept and award the construction
contract to Valley Crest for the Huntington Central Park Sports Complex CC-1121. Ecology
Construction, Inc. (ECI) formally withdrew its bid as a result of a clerical error in the recording of
the value for the "Base Bid Park Improvement."
The project will improve a vacant site with an attractive sports facility, which incorporates quality
landscaping as well as attractive public plazas and concessionlrestroom buildings. The side
grading has been designed to achieve the utmost compatibility with the surrounding area while
accounting for the diverse existing geo-technical and environmental conditions.
The staff report sets forth that project highlights include the following:
• Lighted softball fields overlaid with soccer fields
• Two 1,680 square foot concession stand/restroom buildings
+ 900 square foot maintenance building
• Two tot lots
858 space parking lot
• Active Landfill Gas Control System
• Street frontage improvements and utility under -grounding along Talbert Avenue and
Gothard Street together with a signalized intersection improvement
Councilmember Dettloff stated her intent to make a motion to approve this item, which she
stated has been discussed fully in many prior City Council meetings.
A motion was made by Dettloff, second Bauer to:1. Approve the lowest responsive/responsible
bid, submitted by Valley Crest, Santa Ana, CA, and authorize the Mayor and City Clerk to
execute the construction contract for the Central Park Sports Complex, CC-1121, for a total bid
amount of $14, 842,430; and 2. Authorize the Director of Public Works to expend a total of
$18,000,000 to cover the construction contract and management of $15,692,430, estimated
contingency of $1,569,243, and supplemental expenditure of $738,327. The motion carried by
the following roll call vote:
AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
(27) September 17, 2001 - Council/Agency Minutes Page 27
(City Council) Approved Introduction of Ordinance No. 3507 Amending Huntington Beach
Municipal Code Chapter 2.16 to Add Administrative Citation Enforcement Rights to the
Customer Service Representative— Field Duties of the City Treasurer's Office (640.10)
The City Council considered a communication from the City Treasurer which would amend the
Huntington Beach Municipal Code Chapter 2.16 to add citation rights to the duties of the
Customer Service Representative - Field, to enforce ordinances and write Administrative
Citations in order to collect fund owed to the city.
After the City Clerk read by title, a motion was made by Garofalo, second Green to approve by roll
call vote, introduction of Ordinance No. 3507 - "An Ordinance of the City of Huntington Beach
Amending Chapter 2.16 of the Huntington Beach Municipal Code Relating to the Duties of the City
Treasurer." 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 Introduction of Ordinance No. 3508 Amending Chapter 7.12 of
the Huntington Beach Municipal Code Pertaining to Miscellaneous Animal Care and
Control to Limit Number of Dogs to Three Per Individual Allowed on Dog Park within
Huntington Central Park (640.10)
The City Council considered a communication submitted. by the Community Services Director
transmitting the need to amend Chapter 7.12 of the Huntington Beach Municipal Code by
adopting an ordinance to place limits on the number of dogs an individual can bring into Dog
Park within Huntington Central Park.
Councilmember Boardman recommended the number of dogs allowed be restricted to one dog
per person for ease of handling.
After the City Clerk read by title, a motion was made by Green, second Dettloff to approve by roll
call vote introduction of Ordinance No. 3508 - `An Ordinance of the City of Huntington Beach
Amending Chapter 7.12 of the Huntington Beach Municipal Code Limiting the Number of Dogs
Allowed on Dog Park." The motion carried by the following roll call vote:
AYES: Green, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Boardman
ABSENT: None
(City Council) Approved Introduction of Ordinance No. 3509 Adding Section 8.36.015 to
the Huntington Beach Municipal Code Pertaining to Rubbish and Nuisance Activity
Control Standards for Vacant Real Property (640.10)
The City Council considered a communication submitted by the City Attorney requesting that the
city amend Huntington Beach Municipal Code Section 8.36.015 setting standards for the control
of rubbish and nuisance activity on vacant real property.
(28) September 17, 2001 - Council/Agency Minutes Page 28
After the City Clerk read by title, a motion was made by Green, second Garofalo to approve by roll
call vote introduction of Ordinance No. 3509 - "An Ordinance of the City of Huntington Beach
Amending Chapter 8.36 of the Huntington Beach Municipal Code Relating to Rubbish Accumulation
and Removal." 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 Introduction of Ordinance No. 3512 Amending Chapter 4.2 of the
Huntington Beach Specific Plan Relating to the Downtown Parking Master Plan and
Adopted Resolution No. 2001-67 to Approve Modifications to Local Coastal Programs
Amendment No. 2-00 Suggested by the California Coastal Commission (640.10)
The City Council considered communication from the Planning Director transmitting a resolution
and ordinance relative to Local Coastal Program Amendment (LCPA) No. 2-00 for the purpose
of accepting the California Coastal Commission's approved modifications to the LCPA, and
approving minor revisions to the update of the Downtown Parking Master Plan. This action is
required to formally adopt the changes suggested by the Coastal Commission for the LCPA.
Staff recommends the City Council approve the request because the modifications do not
change the intent of the City Council's previous approval of the Downtown Parking Master Plan.
A motion was made by Dettloff, second Green:
1. After the City Clerk read by title, approve by roll call vote introduction of Ordinance
No. 3512 - "An Ordinance of the City of Huntington Beach Amending Chapter 4.2 of the
Huntington Beach Specific Plan Relating to the Downtown Parking Master Plan;"
and
2. Adopt Resolution No. 2001-67 - "A Resolution of the City Council of the City of Huntington
Beach that Acknowledges Receipt of the California Coastal Commission Action and Accepts
and Agrees the Local Coastal Program Amendment No. 2-00 as Modified."
The motion carried by the following roil call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Approved Introduction of (1) Ordinance No. 3510 Amending Huntington
Beach Municipal Code Chapter 3.02 Relating to the Purchase of Goods and Services and
(2) Ordinance No. 3511 Amending Huntington Beach Municipal Code Chapter 3.03
Relating to the Contracting of Professional Services -Adopted Resolution No. 2001-65
Revising Insurance and Indemnity Requirements and Amending Municipal Code Sections
Regarding Purchasing Practices (640.10)
The City Council considered a communication from the City Administrator and the City Attorney
requesting adoption of revisions to the city's insurance and indemnity requirements, and
amendment of Municipal Code Sections 3.02 and 3.03 regarding purchasing practices.
(29) September 17, 2001 - Council/Agency Minutes Page 29
A motion was made by Green, second Dettloff:
1. After the City Clerk read by title, approve by roll call vote introduction of Ordinance
No. 3510 - "An Ordinance of the City of Huntington Beach Amending Chapter 3.02 of the
Huntington Beach Municipal Code Relating to the Purchase of Goods and Services;"
and
2. After the City Clerk read by title, approve by roll call vote introduction of Ordinance
No. 3511 - "An Ordinance of the City of Huntington Beach Amending Chapter 3.03 of the
Huntington Beach Municipal Code Relating to the Contracting of Professional Services."
and
3. Adopt Resolution No. 2001-65 - "A Resolution of the City Council of the City of Huntington
Beach Revising Resolution No. 97-20 Establishing Insurance and Indemnity Requirements."
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 10:55 p.m. to Monday, October 1, 2001, at 5:00 p.m., in
Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio ClerVbf the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
City Clerk -Clerk ayor-Chairman