HomeMy WebLinkAbout2002-06-03 (6)Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, June 3, 2002
5:00 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
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 Cook called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 5:00 p.m. in Room B8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Dettloff, Boardman, Cook, Houchen, Winchell, Bauer (Green arrived at 5:05 p.m.)
Absent: None
(City Council) Study Session Held — Presentation Made by the Citizens Participation
Advisory Board (CPAB) to Review CPAB/Staff Recommendations for the 2002/2003
Community Development Block Grant (CDBG) Program — Directed Staff to Provide
Breakdown of CDBG Administration Funding Category (340.70)
City Administrator Ray Silver introduced Housing/Redevelopment Manager Gus Duran, who
informed Council that the allocation for 2002/2003 Block Grant Program is $1,668,000.
Housing/Redevelopment Manager Duran explained the application process to Council and
referred to the packet handout titled City of Huntington Beach -Community Development Block
Grant Program. He stated the staff recommendation differs from CPAB's recommendations and
introduced CPAB Chair Jim Moreno.
Mayor Cook requested a roll call of the Citizens Participation Advisory Board (CPAB) members.
Roll Call -Citizens Participation Advisory Board
Present: Jim Moreno, Jackie Canigiani, Linda Couey, Steve Garcia, James Hayden,
Patricia Jacobs-Pilette, Gerald Lipson, Steve Ray, Charles Tyler
Absent: Adrianne Albino, Roy Richardson, Caleb Zia
CPAB Chair Moreno referred to a Late Communication titled Citizens Participation Advisory
Board, June 3, 2002 and outlined the process the Board appointees used to reach their
recommendations for funding being submitted to Council. He informed Council that CPAB
received twenty-eight applications, and based on the testimony and information collected, CPAB
provided Council the best recommendations that reflect the needs of the city's Community
Development Block Grants (CDBG) Enhancement areas. CPAB Chair Moreno stated the Board
attempted to keep the recommended amount as close to last year's funding levels. Chair
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June 3, 2002 - Council/Agency Minutes - Page 2
Moreno thanked Council for allowing CPAB the opportunity to do this important work for the
City.
City Administrator Silver informed Council that there were ten agencies worthy of
recommendation but due to lack of funds they could not be recommended.
CPAB member Jackie Canigiani stated that the organizations recommended show strong
community involvement and many with the help of volunteers.
CPAB member Steve Ray mentioned that various agencies have created a synergy with each
other and the existing relationships only enhance each agency.
Council Member Houchen asked why CPAB allocated $20,000 less than requested to the
Alabama Storm Drain Construction Program. CPAB member Ray responded that funding was
appropriated for Park Improvements due to the requirements of the American Disabilities Act
(ADA). Administrator Silver reported that there were three parks, for which funding was
requested: one park has multiple uses and needs the playground equipment upgraded to meet
standards, thus the Board determined that this park most deserved the funds.
Council Member Houchen asked if Working Wardrobes was part of the Project Self Sufficiency
Program. CPAB Chair Moreno replied they are not affiliated but do work closely together and
are a great benefit to the city. Council Member Houchen recommended that everyone donate
his or her clothing to Working Wardrobes. CPAB Member Jacobs informed Council that
Working Wardrobe offers both men and women's clothing and also access to a computer. Chair
Moreno stated he was very impressed with Working Wardrobes because they will also assist.
with resume preparation.
Council Member Dettloff expressed her thanks to the Board for its work. She inquired why there
was a difference in funding for the Project Self Sufficiency and Senior Outreach Programs.
CPAB Chair Moreno responded the Board tried to keep the funding as close as possible as in
previous years. Council Member Dettloff also asked if any of the agencies expressed how any
cut backs from their current request would affect them. Chair Moreno stated that most agencies
reported on how less funding would affect them and the Board did the best they could with the
funds available to allocate as fairly as possible.
City Administrator Silver mentioned that the Adult Day Services, Council on Aging, Huntington
Beach Community Clinic, and Working Wardrobes were part of the synergy and it was important
to fund them and providing no funds would directly hurt those programs.
CPAB Chair Moreno informed Council that the Huntington Beach Community Clinic was
included because it provides invaluable service for the residents who are without health
insurance.
The Board and Council continued to discuss the reasons behind CPAB's recommendations
versus staff recommendations. City Administrator Silver asked staff what impact the proposed
reductions would have on each program. Staff responded .the reductions would impact part-
time and full time employees, hours of operation, senior transportation, marketing and
professional services. CPAB Chair Moreno stated that there is a real need to fund Code
Enforcement.
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June 3, 2002 - Council/Agency Minutes - Page 3
A direction was given to staff to provide a breakdown of the CDBG Administration funding category.
Mayor Cook thanked the CPAB members and staff for their reports.
Motion to Recess. to Closed Session —Approved
A motion was made by Boardman, second Houchen to recess to Closed Session on the following
items. The motion carried by the following roil call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(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); and Opp v. City of
Huntington Beach, et al.; Orange County Superior Court Case No. 748927 (Opp II). Subject:
Opp v. City of Huntington Beach, et al. (Opp I and Opp II). (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council
Chambers.
City Council- Redevelopment Agency Roll Call
Present: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
Absent: None
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on June 3, 2002 (Pursuant to Government Code §54957.1(a) (2) Re: Opp v. City
of Huntington Beach, et al., Court of Appeals Case No. G025947 (Opp 1); and Opp v. City
of Huntington Beach, et al., Orange County Superior Court Case No. 748927 (Opp II) —
City Attorney Announced Reports Out of Closed Session Given in August 20, 2001 and
February 19, 2002 were Not Legally Required (120.80)
City Attorney Gail Hutton reported out that on Monday, .tune 3, 2002 the City Council convened
in closed session to discuss the matter of Opp v. City of Huntington Beach, et al., Court of
Appeals Case No. G025947 (Opp 1); and Opp v. City of Huntington Beach, et al., Orange
County Superior Court Case.No. 748927 (Opp I1). Subsequent to the meeting of June 3; 2002
the City Attorney's Office furnished a communication which sets forth that the City Council
approved the following:
1. That the City Council direct the City Attorney to report out the following action previously
taken:
While the Brown Act, Government Code §54957 et seq., in no way requires the City Council to
report out indemnification for punitive damages, the City Attorney would like to take this
opportunity to report that during the Closed Session earlier this evening, June 3, 2002,
concerning Opp v. City of Huntington Beach, OCSC Case No. 748927, the City Council directed
the City Attorney to report out the following:
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"On August 20, 2001, and again on February 19, 2002, the City Council voted in closed session
to indemnify the individual defendants in Opp v. City of Huntington Beach, OCSC Case
No. 748927, against the punitive damages judgment. In support of this decision, the City
Council made the following findings, only, both August 20, 2001, and again on February 19,
2002:
(1) The acts or omissions of the individual defendants occurred within the course and
scope of his or her employment as an employee of the City of Huntington Beach;
(2) At the time of the act giving rise to the liability, the employee or former employee
acted, or failed to act, in good faith, without actual malice and in the apparent best
interest of the public entity; and
(3) Payment of the judgment should be in the best interest of the City."
The Council voted as follows: a Ayes; 1 No; 0 Abstentions. Ayes: Mayor Debbie Cook,
Ralph Bauer, Pam Houchen, Peter Green, Shirley Dettloff and Grace Winchell.
No: Connie Boardman.
The Council further approved, without requesting that it be reported out:
2. That the City Council further reject the settlement offer made by Plaintiff on May 22, 2002.
3. The Council authorized counsel to immediately commence to prepare a writ to the
appellate court in the event of failure of the motion to. expunge the lien recorded against
the defendants' property.
The Council voted as follows: 7 Ayes; 0 Noes; 0 Abstentions.
Pledge of Ailegiance — By J. Michael Johnson, Sr., American Legion Huntington Beach,
Post 133.
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced Late Communications
regarding agenda items that had been received by her office following distribution of the agenda
packet.
Communication dated May 28, 2002 from Ted D. Conley, Esq, of the Petersen Law Firm re: the
Opp v. City of Huntington Beach Closed Session purported indemnification of the Opp
Defendants for punitive damages is a violation of clearly established constitutional law, and
giving notice that the City cannot pay for the separate defense of any defendant as a result of
the City's own litigation seeking to prohibit such punitive damage payments. Communication
titled Opp v. City of Huntington Beach: et al., OCSC Case No. 748927.
Communication dated June 3, 2002 from Economic Development Department transmitting a
PowerPoint presentation titled McDonnell Centre Business Park CFD — June 3, 2002 — Agenda
Item D-1. Communication titled Late Communication — Item D-1.
Communication from Scot D. Campbell dated May 31, 2002 regarding the proposed Park In -
Lieu Fee and submitting some public policy recommendations, and the suggestion of
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implementing a Roof Cover Tax. Communication titled Round Table Discussion Section 254.08
& 230.20.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
June 3, 2002 titled Huntington Beach Park Strategy and Fee Nexus Study.
Communication dated June 2, 2002 from Jean Polkow transmitting her objection to the
proposed appointment of Barbara Boskovich to the Mobile Home Advisory Board.
Communication titled Agendized Item E-3.
Communication dated May 29, 2002 from Charlie Butler transmitting his opposition to the
proposed Redevelopment Plan for the Southeast Coastal Redevelopment Project and listing
concerns. Communication titled Redevelopment.
Communication dated June 3, 2002 and titled Late Communication — Item F-1 from the
Economic Development Department transmitting a PowerPoint presentation titled Proposed
Southeast Coastal Redevelopment Project Plan Adoption -- June 3, 2002 — Item F-1.
Slide show presentation submitted by the Community Services Department to the City Clerk's
Office on June 3, 2002 titled Youth Sports Grant Program — Fiscal Year 200112002.
The Following Additional Late Communications Were Submitted at the Meeting:
Communication from Jim Moreno, Chair of the Citizens Participation Advisory Board dated June
3, 2002 regarding the CPAB recommendations. to Council.
Communication dated June 3, 2002 from the Orange County Building Industry Association (BIA)
in opposition to Zoning Text Amendment No. 01-02.
Communication from the Economic Development Department dated June 3, 2002 titled
Proposed Southeast Coastal Redevelopment Project Area.
Power Point presentation from Public Works Department titled Santa Ana River
Protection/Clean-Up.
Later in the meeting Council Member Green distributed a communication from the Los Angeles
Times titled EPA (Environmental Protection Agency) Says Toxic Chemicals Pose Cancer Risk.
Presentation by Mayor Debbie Cook to Mark Hunt, Special Projects Coordinator, Second
Harvest Food Bank; a proclamation proclaiming June 2002 as a City -Wide Food Drive Month in
the City of Huntington Beach. (160.40)
Presentation by Mayor Debbie Cook to Officers of American Legion Post 133 Huntington
Beach -"Surf City's Own Since 1919," a proclamation proclaiming June 14, 2002 as Flag Day.
J. Michael Johnson , a representative of the American Legion Post 133 presented Mayor Cook
a surfboard woody and announced that on June 14, 2002 they will be retiring a flag at 7 p.m.
(160.40)
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Public Comments
Nina Vogel asked Council to consider the request from Friends of Huntington Harbour sports
grant application and restore the tennis courts.
Tay Norton a Rainbow After School Care representative, asked for Council's help with the
restoration of the Huntington Harbour Tennis Courts. She stated that if the courts were restored
their organization would pay for the equipment and maintenance. Ms. Norton expressed her
appreciation of Council's consideration of the matter.
Hal Anderson stated that all children should be able to play at the tennis courts and asked
Council to help with the restoration_
Sierra Shoemaker Marine View Middle School representative, conveyed to Council that she is
a single mother and how difficult it is to get her daughter to a tennis court because there is not
one locally. Ms. Shoemaker stated her daughter and other children will benefit greatly by
restoring the Harbour View School Tennis Courts.
Jennine Studer informed Council that the Friends of Huntington Harbour have received
$15,000 for restoring the Huntington Harbour Tennis Courts. She stated her belief that this
amount in addition to the $12,000 grant requested by the Friends of Huntington Harbour Youth
Sports should take care of the repairs.
Trent Wylde stated he is a parent with pre -teenage children in the Huntington Harbour area,
and that the closest tennis court is at Graham Street and Edinger Avenue which makes it
difficult for his children. Mr. Wylde urged Council to approve the grant request.
Marilyn Koeller, Save our Kids Board Member, stated that she had spoken to Council three
times regarding the Huntington Harbour Tennis Courts. Ms. Koeller expressed the belief that
restoring the courts at Harbor View School would attract younger families to the area, and
requested Council to support the refurbishment of the Huntington Harbour Tennis Courts.
Chuck Beauregard, Chair of Save Our Kids, informed Council that the Youth Sports Program
has a good distribution of funds for soccer, tennis, and other sports, and Huntington Harbour
Tennis Courts is included. Mr. Beauregard also stated he opposes the petition in circulation
relative to districting and reduction of Council membership from seven to five members.
Tom Sullivan informed Council that he lives within walking distance of the Huntington Harbour
Tennis Courts and requested Council to consider refurbishing them.
Debbie Borden protested the absence of the Invocation from the Agenda.
Bruce Millikan opposed the petition being circulated that would amend the City Charter to
establish five districts rather than electing seven council members at large. He stated that the
Park In -Lieu Fee Ordinance was an extreme measure. Mr. Milikan informed Council that the
Taste of Huntington Beach event raised $18,000.
Dave Guido, Huntington Beach Coastal Commission Association President, spoke in support of
the Southeast Coastal Redevelopment Plan. He stated that the area needs this plan in order to
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June 3, 2002 - Council{Agency Minutes - Page 7
clean up the many waste sites and remove oil tanks to make way for the future. Mr. Guido
thanked everyone involved with this effort.
George Mason requested Council to adopt all of the recommended actions regarding the
Southeast Coastal Redevelopment Plan. Mr. Mason expressed his belief that this will benefit
the entire city and is a positive step forward into the future of this area.
Greg Arbues, Project Self Sufficiency (PSS) representative, spoke in support of the Foundation
receiving grant funds. Mr. Arbues stated the city has supported this program since 1985 and
has received recognition and also support from the community.
Kittle Thomas informed Council that she lives on Terry Drive and requested assistance
regarding the hazardous conditions due to speeding; that she has had to call the Police
Department various times because the speeders are putting children at risk. Ms. Thomas
stated she has also called Code Enforcement informing them that a car dealership's employees
are parking in the Terry Drive area, which she believes to be a violation.
Brian Rechsteiner spoke in opposition to the petition being circulated to amend the
City Charter by reducing Council membership from seven to five members. Mr. Rechsteiner
expressed his hopes the citizens will get the facts before signing said petition.
Don McGee expressed his opposition regarding the petition proposing to amend the
City Charter to council districting. He urged citizens not to sign the petition because it would not
be in the best interest of the City.
Dominick Tomaino informed Council that he is in full support of the Youth Sports Grant
Program and expressed the belief that Friends of Huntington Harbour added versatility. Mr.
Tomaino spoke against the petition being circulated on the proposed amendment relative to
districting.
Topper Horack spoke against the petition being circulated to amend the City Charter relative to
district elections and which would reduce the City Council from seven to five council members.
Mr. Horack reasoned that at present the citizens have the opportunity to speak to seven Council
Members, and with districting a citizen would have only one Council representative.
Woody Smith, Marine View Middle School student, informed Council that if the Huntington
Harbour Tennis Courts were fixed, his mother could teach him tennis.
Kendall Phelan requested Council to consider the funding to resurface the Huntington Harbour
Tennis Courts. Ms. Phelan stated she attends Marine View Middle School and could play tennis
on the weekends.
Joey Racano spoke opposing the presentation on NBC Television by Monica Mazura, head of
the Orange County Health Agency, because she did not use the opportunity to speak against
the 301-H Federal waiver which would relieve the county from complying with Clean Water Act
standards. He commended Dr. Jan Vandersloot for his environmental work with the League of
Conservation Voters. Mr. Racano also stated that he felt the Southeast Coastal Redevelopment
Plan was not a good idea.
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June 3, 2002 - Council/Agency Minutes - Page 8
Diane Adams invited all to the concerts at BB Jazz where Keiko Matsue will be playing.
Ms. Adams presented other upcoming events in December 2002 and stated the concerts raise
money for children who have autism.
Don Hansen asked Council to vote yes on the Southeast Coastal Redevelopment Plan.
Mr. Hansen stated that this Plan represents an opportunity for an area of the city that truly
needs help.
(City Council) Council Committee Report— Accepted Competitive Services Committee
Recommendation to Direct the City Administrator to Negotiate Environmental Services
(NES) Contract Extension through FY 2006-07 for Diesel Powered Street Sweeping
Services — Directed Staff to Develop Strategy Policy in Place for City Sweeper Use
(800.10)
The City Council considered a communication from Council Member Pam Houchen, Chair,
Competitive Services Committee on behalf of Council Members Shirley Dettloff and Grace
Winchell transmitting that at the May 20, 2002 City Council meeting, the City Council voted to
refer the issue of a five-year contract extension with Nationwide Environmental Services (NES)
for street sweeping services to the Competitive Services Committee for review.
The Communication further sets forth that the Committee met on May 28, 2002 and voted two to
one {Houchen opposed} to recommend that the City Council direct the City Administrator to
negotiate an extension of the city's contract with NES through FY 2006-07, using diesel
powered street sweepers, and pursuant to the terms identified in NES's letter of March 4, 2002.
Staff estimates that this option will cost between $1.34 million and $1.44 million over the life of
the contract.
A copy of the analysis and material staff provided the Committee was included with this
memorandum.
Council Member Winchell announced that she was on the committee's prevailing side favoring
the recommended action and presented the Competitive Services Committee PowerPoint
Report, which was included in the agenda packet. She stated that based on the current budget,
July 1, 2002 is the deadline to purchase new diesel sweepers. She referred to Air Quality
Management District requirements, which sets forth that any new sweeper purchased after July
1, 2002 must be environmentally efficient, however she stated the options are not
technologically advanced. Council Member Winchell informed Council that the committee
concluded that it is better to direct the City Administrator to negotiate an extension of the city's
contract with Nationwide Environmental Services through FY 2006-07, using diesel powered
street sweepers, and pursuant to the terms identified in NES's letter of March 4, 2002, which
would give the City time to develop a strategy and policy for the future.
Council Member Green read from an article from the Los Angeles Times dated June 1, 2002,
which sets forth that according to the Environmental Protection Agency toxic chemicals pose
added cancer risk.
The City Council Members commenced discussion and explained their reasons behind the
choices of options No. 1 through No. 4 as set forth in the PowerPoint presentation.
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Merits were debated regarding the continuance or non -continuance of the current side -by -side
street sweeping contract; whether city employees should perform the service, which would
require the purchase of new equipment. Discussion was also held relative to the type of fuel to
be used due to the need for environmentally cleaner machines.
A motion was made by Dettloff, second Winchell, to direct the City. Administrator to negotiate an
extension of the city's contract with NES through FY 2006-07, using diesel powered street
sweepers, and pursuant to the terms identified in NES's letter of March 4, 2002, and to direct
staff to develop a strategy policy in place for city sweeper fuel use. The motion carried by the
following roll call vote:
AYES: Dettloff, Cook, Winchell, Bauer
NOES: Green, Boardman, Houchen
ABSENT: None
(City Administrator's Report) Presentation of Departmental Highlights on (1) Phase II of
the Huntington Harbour Sewer Lining Project and (2) Arterial Highway Rehabilitation
Project (600.601800.40)
Director of Public Works Robert F. Beardsley presented an oral review of two Consent Calendar
Agenda Items; (1) accept bid and award construction contract to Insituform Technologies, Inc.
for the Huntington Harbour Sewer Lining Project, Phase II; CC-1174, and (2) to adopt
Resolution No. 2002-55 approving the submittal of ten arterial highway rehabilitation projects to
the Orange County Transportation Authority for Federal Project Assistance Program Funds.
(City Council) Public Hearing Held - Opened and Continued Open from May 6, 2002 -
Approved Formation of and Calling for Special Election for City of Huntington Beach
Community Facilities District No. 2002-1 (McDonnell Centre Business Park Improvement
Areas A & B) — Adopted Resolution Nos. 2002-38 through 200241 Inclusive — Approved
Introduction of Ordinance No. 3557 (350.30)
Mayor Cook announced that this was the time scheduled for a public hearing to consider
approval of Boeing's request for City assistance in the formation of a Community Facilities
District (CFD) for the McDonnell Centre Business Park second phase to allow Boeing land to be
marketed competitively with other industrial properties with CFDs already in place throughout
the region. The area is divided into two parts, Area A and Area B, and Boeing has requested
funding authority for both areas in an amount of not to exceed $13,000,000. Boeing is the sole
owner of the affected. properties.
The Public Hearing notice sets forth that on April 1, 2002, the City Council of the City of
Huntington Beach adopted a Resolution entitled "A Resolution of the City Council of the City of
Huntington Beach Declaring its Intention to Incur Indebtedness of the Proposed City of
Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park)."
Pursuant to the provisions of Chapter 3.56 of the Municipal Code of the City of Huntington
Beach and, as applicable, the Mello -Roos Community Facilities Act of 1982, the City Council of
the City of Huntington Beach hereby gives notice as follows:
A. The text of said Resolution is as follows: (Res. No. 2002-27)
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June 3, 2002 - Council/Agency Minutes - Page 10
WHEREAS, this City Council has this date adopted its Resolution entitled "A Resolution of the
City Council of the City of Huntington Beach Declaring Its Intention to Establish a Community
Facilities District and To Authorize the Levy of Special Taxes Therein," stating its intention to
form a community facilities district pursuant to the provisions of Chapter 3.56 (commencing with
Section 3.56.010) of the Municipal Code of the City of Huntington Beach and, as applicable, the
Mello -Roos Community Facilities Act of 1982 (collectively, the "Law"), for the purpose of
financing a portion of the costs of certain public improvements (the "Facilities"), as further
provided in said Resolution; and this City Council estimates the amount required for the
financing of a portion of the costs of the Facilities to be the sum of $11,000,000; and in order to
finance said Facilities it is necessary to incur bonded indebtedness for each improvement area
identified below as "Area A" and "Area B" in the amount of not to exceed $13,000,000.
Section 2. The bonded indebtedness for each improvement area described in Section 1 is
proposed to be incurred for the purpose of financing a portion of the costs of the Facilities,
including costs incidental to or connected with the accomplishment of said purposed and of the
financing thereof.
Section 3. This City Council, acting as legislative body for Area A, intends to authorize the
issuance and sale of bonds in one or more series in the maximum aggregate principal amount
of $13,000,000, bearing interest payable semi-annually or in such other manner as this City
Council shall determine, at a rate not to exceed the maximum rate of interest as may be
authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty
(40) years from the date of the issuance of said bonds. This City Council, acting as legislative
body for Area B, intends to authorize the issuance and sale of bonds in one or more series in
the maximum aggregate principal amount of $13,000,000, bearing interest payable semi-
annually or in such other manner as this City Council shall determine, at a rate not to exceed
the maximum rate of interest as may be authorized by applicable law at the time of sale of such
bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds.
Section 4. Monday, May 6, 2002, at 7.00 p.m. or as soon thereafter as the matter may be
heard, in the regular meeting place of this City Council, City Council Chambers, City Hall, 2000
Main Street, Huntington Beach, California, be, and the same are hereby appointed and fixed as
the time and place when and where this City Council, as legislative body for each improvement
area described in Section 1, will conduct a public hearing on the proposed debt issue for each of
the improvement areas and consider and finally determine whether the public interest,
convenience and necessity require the issuance of bonds of the City of Huntington Beach for
each respective improvement area.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Economic Development Director David Biggs gave a PowerPoint presentation from a Late
Communication announced earlier by the City Clerk and titled McDonnell Centre Business Park
CFD — June 3, 2002,
The City Clerk restated for the record, the following Late Communication that pertain to this
public hearing.
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Communication dated June 3, 2002 from the Economic Development Department transmitting a
PowerPoint presentation titled McDonnell Centre Business Park CFD — June 3, 2002 — Agenda
Item D-1. Communication titled Late Communication -- Item D-1.
Mayor Cook made remarks to open this public hearing by reading from a script on file with the
City Clerk's Office,. titled Script for Use by the Mayor in Conducting June 3, 2002 City Council
Agenda Items Related to City of Huntington Beach Community Facilities District No. 2002-1
(McDonnell Centre Business Park).
Prior to the opening of this hearing, Mayor Cook asked if there were any owners of properly in
the Improvement Areas or registered voters residing in the Improvement Areas who wished to
fife written protests.
Mayor Cook declared the public hearing open.
Jim Schulte, Boeing Realty Corporation representative, thanked Council for their support and
consideration of this financing.
There being no one further present to speak on the matter and there being no further objections
either oral or written, the Mayor declared the public hearing closed.
The City Clerk conducted a special election on the formation of the Community Facilities District
and announced the results which was in favor or the following recommended actions:
The formation of the Community Facilities District requires various sequential steps to be taken
by the City Council set forth by state law. The recommended actions are the following:
A motion was made by Cook, second Winchell to:
Adopt Resolution No. 2002-38 — "A Resolution of the City Council of the City of Huntington
Beach of Formation of Improvement Area A and Improvement Area B of the City of Huntington
Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park);"
and
Adopt Resolution No. 2002-39 — `A Resolution of the City Council of the City of Huntington
Beach Determining the Necessity to Incur Bonded Indebtedness Within Improvement Area A,
and Within Improvement Area B, of the City of Huntington Beach Community Facilities District
No. 2002-1 (McDonnell Centre Business Park);"
and
Adopt Resolution No. 2002-40 -- "A Resolution of the City Council of the City of Huntington
Beach Calling Special Election Within Improvement Area A and Within Improvement Area B of
the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre
Business Park);"
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June 3, 2002 - Council/Agency Minutes - Page 12
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Winchell, Bauer
NOES: None
ABSENT: None (Houchen absent from room)
A motion was made by Cook, second Dettloff to:
Request the City Clerk to conduct a special election on the formation of the Community
Facilities District and announce results of election;
and
Adopt Resolution No. 200241 — "A Resolution of the City Council of the City of Huntington
Beach Declaring Results of Special Election and Directing Recording of Notice of Special Tax
Lien. "
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Winchell, Bauer
NOES: None
ABSENT: None (Houchen absent from room)
A motion was made by Dettloff, second Cook to:
Introduce Ordinance No. 3557, after reading by title by the City Cierk — "An Ordinance of the
City of Huntington Beach Levying Special Taxes Within Improvement Area A and Improvement
Area B of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell
Centre Business Park)."
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Winchell, Bauer
NOES: None
ABSENT: None (Houchen absent from room)
(City Council) Administrative Public Hearing Opened and Continued from April 15, 2002 —
Adopted Resolution No. 2002-48— Approved Certification of Special Assessments for
Delinquent Civil Fines for Municipal Code Violations (570.60)
Mayor Cook announced that this was the time scheduled for an administrative public hearing.
The City Council considered a communication from the City Attorney and the City Treasurer
setting forth that said hearing is required by the California Government Code Section 38773.5
for the purpose of certifying special assessments against properties where public nuisances
have occurred.
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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 adopted by City Council on June 15, 1998.
The staff report further sets forth that this administrative hearing is required by Huntington
Beach Municipal Code 1.18. Only property owners are entitled to speak at this administrative
hearing. All other interested parties may speak during the regular Public Comments section of
the agenda at the beginning of the meeting.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
Mayor Cook declared the administrative public hearing open.
As there were no persons present to speak on the matter and there were no protests filed,
either written or oral, the Mayor declared the public hearing closed.
A motion was.made by Green, second Dettloff to adopt Resolution No. 2002- 48 entitled "A
Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for
Collecting Delinquent Civil Fines for Municipal Code Violations." The motion carried by the
following roll call vote:
AYES: Green, Dettloff, Winchell, Bauer
NOES: None
ABSENT: None (Houchen out of the room)
ABSTAIN: Boardman, Cook
(City Council) Public Hearing to Consider Approval of Zoning Text Amendment No. 01-02
(Park In -Lieu Fee Ordinance — Park Land Dedication) Amending Section 254 of the
Huntington Beach Zoning and Subdivision Ordinance — Approved Introduction of
Ordinance No. 3562 — Adopted Resolution Nos. 2002-56 and 2002-57 — Motion Failed, as
Amended, to Use 100% of the City Wide Average (450.20)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
Applicant: City of Huntington Beach Community Services Department
Request: To amend Section 254.08 of the Huntington Beach Zoning and Subdivision
Ordinance (ZSO) in reference to park land dedication and in -lieu fees. The amendment -
includes added language addressing use of fees, method for calculating fees, providing 100%
land value park in -lieu fees, off -site requirements, and appeal process.
Location: Citywide
Environmental Status: This Item No. 1 is categorically exempt from the provisions of the
California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
(14)
June 3, 2002 - Council/Agency Minutes - Page 14
Senior Planner Scott Hess presented an oral report. Tom Tucker, Pulse Marketing Consultant
and Associate Planner Wayne Carvalho jointly delivered the PowerPoint presentation that had
been announced earlier by the City Clerk as a Late Communication.
Mayor Cook declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the Late
Communications, which pertain to the public hearing that had been announced earlier in the
meeting.
Jill Hardy, Planning Commissioner, stated that she is in favor of the park development. She
spoke relative to aspects of the proposed fee with regard to site specificity and land value.
Ms. Hardy recommended that Section 230 not follow Section 254. She also stated her
objections regarding two fairness" issues brought up by certain interested parties.
Mike Balsamo, Building Industry Association (BIA) representative, informed Council of his
nonprofit trade association. He stated his support of the park development. Mr. Balsamo
mentioned the Late Communication he submitted, which was announced by the City Clerk. He
expressed his belief that the imposed fees are extremely high, in comparison to those of other
coastal cities on a list to which he referred. Mr. Balsamo favored a fee calculation using
property value, over site speck.
Mike Adams, representing the developer, requested a continuance of the matter. He stated
agreement with the staff recommendation of separating out the Section 230 fees and moving
forward with Section 254. Mr. Adams presented several reasons for his viewpoint, including:
1.) odd -shaped lots found in the city; and 2.) a preference for a fee calculation using the
average value of residence, and not one specific to the site.
Randy Allison, Downtown developer, stated his opinion that the property fee is absurd in
comparison with those of other cities_ Mr. Allison stated that it is appropriate that the city pay as
a whole for maintenance and development.
Rob Moore expressed his belief that the proposal may result in a new residential park -in -lieu
fee that is out of sync with other cities, as different ratios are being used. Mr. Moore
recommended reaching a moderate increase, so that people would not be priced out of the
market.
Dick Harlow, Chamber of Commerce representative, announced his intent to go on record in
support of the fee increases. He complimented staff for what he believes to be an enlightened
decision in separating Section 230 from 254. Mr. Harlow conveyed that a new issue is the
amount of money for site specificity, which is an issue of fairness as brought up earlier by the
first speaker, Planning Commissioner Hardy. He stated that as the price of land increases, so
does the price of acquisition. Mr. Harlow expressed his opinion that the city has an integrated
park system, but the ability to pay does not relate the parks.
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.
Council addressed the issues brought forward during the public testimony.
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June 3, 2002 - Council/Agency Minutes - Page 15
Council Member Houchen received clarification that there are no changes on Section 230-02.
Deputy City Attorney Leonie Mulvihill reported on the Quimby Act.
(City Council) (1) Adopted Resolution Nos. 2002-56 and 2002-57 — Approved Introduction
of Ordinance 3562 Re: Zoning Text Amendment No. 01-02 (Park In- Lieu Fee Ordinance —
Park Land Dedication) Amending Section 254 of the Huntington Beach Zoning and
Subdivision Ordinance — (2) Motion Failed to Approve, as Amended, to Use a 100% Fee
Calculation of the City -Wide Average (450.20)
A motion was made by Houchen, second Cook to adopt the resolutions and approve
introduction of the Ordinance No. 3562 (to follow), as amended by using a 100% fee calculation
of the City-wide average.
Council Member Winchell informed Council that she will be voting against the motion on the
table for reasons that Quimby does not meet lower density.
The motion on the table with the amendment as set forth above, failed by the following roll call
vote:
AYES: Cook, Houchen
NOES: Green, Dettloff, Boardman, Winchell, Bauer
ABSENT: None
A motion was made by Green, second Dettloff to:
1. Approve Zoning Text Amendment No. 01-02 with Findings for Approval (*Attachment
No. 1 immediately following this item) and after the City Clerk reads by title, approve
introduction of Ordinance No. 3562 — "An Ordinance of the City of Huntington Beach
Amending Chapter 254 of the Huntington Beach Zoning and Subdivision Ordinance
Relating to the Dedication and Reservations of Land Parcels;"
and
2. Adopt Resolution No. 2002-56 —A Resolution of the City Council of the City of
Huntington Beach Establishing a Population Density Factor to Be Used to Determine the
Amount of Land t be Dedicated by Developers for Park Purposes;"
and
3. Adopt Resolution No. 2002-57 — "Resolution of the City Council Setting the Fee
Schedule for the Parkland Dedication In -Lieu Fee Authorized by Zoning and Subdivision
Code Section 230.20."
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Winchell, Bauer
NOES: Cook, Houchen
ABSENT: None
(16) June 3, 2002 - Council/Agency Minutes - Page 16
*Attachment No. 1
Suggested Findings for Approval
Zoning Text Amendment No. 01-02
Suggested Findings for Projects Exempt from CEQA:
The City Council finds that the project will not have any significant effect on the environment and
is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to
City Council Resolution No. 4501, Class 20, which supplements the California Environmental
Quality Act. The project is exempt because it involves a minor amendment to the zoning
ordinance which does not change the development standards, intensity, or density of the
affected districts.
Suggested Findings for Approval — Zoning Text Amendment No. 01-02:
1. Zoning Text Amendment No. 01-02 amending Chapter 254.08 of the Huntington Beach
Zoning and Subdivision Ordinance addressing methods to calculate required park land in -
lieu fees for residential development is consistent with the objectives, policies, general
land uses and programs specified in the General Plan and any applicable specific plan.
The revised ordinance will allow the City to collect fees necessary to acquire and improve
park and recreational facilities throughout the City consistent with the goals and policies of
the General Plan.
2. The change proposed is compatible with the uses authorized in, and the standards
prescribed for, the zoning districts for which it is proposed. The revised ordinance will
apply to proposals for new residential development and will address the method to
calculate required park in -lieu fee for residential development. The ordinance will not
create any inconsistencies with other provisions in the Zoning and Subdivision Ordinance
because it will only apply to fees for park and recreation facilities.
3. A community need is demonstrated for the change proposed. Based on the information
and data collected and analyzed in the Paris Strategy and Fee Nexus Study dated
December 2001, the new method for determining in -lieu fees will ensure that current land
values are utilized when calculating park in -lieu fees. The amendment best meets the
goals of the city and is the most equitable and legally defensible.
4. The adoption will be in conformity with public convenience, general welfare and good
zoning practice. The revised ordinance will result in the City's ability to provide sufficient
recreational opportunities for its residents and visitors consistent with the goals and
policies of the General Plan.
Consent Calendar — Items Approved
On motion by Green, second Boardman Council approved the following Consent Calendar items,
as recommended. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
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June 3, 2002 - Council/Agency Minutes - Page 17
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Councillor Redevelopment Agency Regular Meetings of May 20, 2002 as written and on file
in the Office of the City Clerk. Submitted by the City Clerk.
(Redevelopment Agency) Received and Filed Annual Report of the Huntington Beach
Redevelopment Agency for Fiscal Year 2000-2001 for Submission to the State Controller
(400.20) - Received and filed the Annual Report of the Huntington Beach Redevelopment
Agency for Fiscal Year 2000-01 for submission to the State Controller as required by S. 33080.1
of the State of California Health and Safety Code ("Redevelopment Lawn). Submitted by the
Deputy Executive Director. Funding Source: Not Applicable. (Reports are available for public
review in the City Clerk's Office - 105 pages total.)
(City Council) Approved the Appointment of Barbara Boskovich to the Mobile Home
Advisory Board (MHAB) for a Term to Expire August 5, 2003 (110.20) - Approved the
appointment of Barbara Boskovich as a Citizen At -Large Representative to the Mobile Home
Advisory Board filling the vacancy created by the resignation of Mark Porter with a term to
expire August 5, 2003, as recommended by City Council liaisons Mayor Pro Tern Connie
Boardman and Council Member Peter Green. Submitted by the Economic Development
Department. Funding Source: Not Applicable.
(City Council) Approved Amendments to Two Cooperative Agreements with the Orange
County Sanitation District for Phase II of the Huntington Harbour Sewer Rehabilitation
Projects: (1) CP #0005, CC-1161; and (2) CP #0105 (600.25) -1. Approved and authorized
the Mayor and City Clerk to execute Amendment No. 2 to Cooperative Agreement No. 0005
between the Orange County Sanitation District and the City of Huntington Beach; and
2. Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to
Cooperative Agreement No. 0105 between the Orange County Sanitation District and the City of
Huntington Beach. Submitted by the Public Works Director. Funding Source: None required.
(These amendments provide 6 month extension of time for each project.)
(City Council) Accepted Bid and Awarded Construction Contract to Insituform
Technologies, Inc. for the Huntington Harbour Sewer Lining Project, Phase 11; CC-1174 -
Authorized Execution of Contract (600.60) -1. Accepted the lowest responsive and
responsible bid submitted by Insituform Technologies, Inc., in the amount of $1,573,821 for
Huntington Harbour Sewer Lining Project; CC-1174; and 2. Authorized the Mayor and City Clerk
to execute a construction contract in substantially the same form as the attached sample
contract. Submitted by the Public Works Director. Funding Source: Funds totaling $1,993,800
are budgeted in two Harbour Sliplining, Sewer Improvements Accounts - EPA - $997,400 and
OCSD - $996,400.
(City Council) Adopted Resolution No. 2002-52 - Approving Side Letter to Memorandum
of Understanding (MOU) Between the City and the Huntington Beach Police Officer
Association Regarding Detention Officers Hours of Work/Overtime (720.20) - Adopted
Resolution No. 2002-52 - "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 Officers' Association, by Adopting the Side Letter of Agreement (Regarding Senior
Detention Officers, Detention Officers, and Detention Officer Nurses)." Submitted by the
Administrative Services Director. Funding Source: Not Applicable.
(18) June 3, 2002 - Council/Agency Minutes - Page 18
(City Council) Adopted Resolution Nos. 2002-53 and 2002-54 Supporting Grant
Applications to the California Energy Commission for Reimbursement and New Funding
for Traffic Signal Battery Backup Units (Ten Intersections) (340.80) —1. Adopted
Resolution No. 2002-53 — "Approving Application for Grant Money to Reimburse the City for
Installation of Battery Backup Systems for Traffic Signals,," and 2. Adopted Resolution
No. 2002-54 — "Approving Application for Grant Money to Fund Battery Backup Systems for
Traffic Signals." Submitted by the Public Works Director. Funding Source: No funds are
required at this time. Should grants be approved this fiscal year, an appropriation request from
the Air Quality Fund for up to $125,000 will be submitted to Council.
(City Council) Approved the Release of Guarantee and Warranty Bond (Security) for Tract
No. 14355 n1w Corner of Garfield Avenue and Edwards Street — Seacliff Venture,
LP/Lennar Homes of California, Inc. (420.60) —1. Released Guarantee and Warranty Bond
Nos. BE2624511 (Seacliff Venture, L.P.) and 1113346 4286 (Lennar Homes of California, Inc.),
the security furnished for guarantee and warranty of improvements; and 2. Instructed the City
Clerk to notify the developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc., of
this action, and the City Treasurer to notify the Surety Companies. Submitted by the Public
Works Director. Funding Source: Not Applicable.
(City Council) Approved the Release of Guarantee and Warranty Bond (Security) for Tract
No. 14979 nlw Corner of Gothard Street and Ernest Avenue — SCH Housing No. 3, LLC
(420.60) — 1. Released Guarantee and Warranty Bond No. SD00093467, the security furnished
for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify the
developer, SCH Housing No. 3 LLC, of this action, and the City Treasurer to notify the Surety
Company. Submitted by the Public Works Director. Funding Source: Not Applicable.
(City Council) Approved Special Duty Pay Adjustment for Two Interim Water Operations
Management Assignments: (1) Supervisor and (2) Crewleader — Public Works Department
(700.20) —1. Authorized a special duty pay adjustment to Howard Johnson, Water Production
Supervisor, of $8.89 per hour, effective June 10, 2002, and continuing through December 14,
2002; and 2. Authorized a special duty pay adjustment to Jay Kleinheinz, Water Operations
Crewleader, of $3.96 per hour, effective June 10, 2002, and continuing through December 14,
2002. Submitted by the Public Works Director. Funding Source: With the reduced cost of
professional services, an overall savings of approximately $54,000 will be realized in the Water
Operations Administration Account.
(City Council) Approved Five Year Agreement Between the City and Robinwood Little
League for Rental of Baseball Field Areas in Marina Community Park (600.10) - Approved
the five-year agreement titled Agreement Between the City of Huntington Beach and Robinwood
Little League for Rental of Baseball Field Areas in Marina Community Park, and authorized the
Mayor and City Clerk to execute same. Submitted by the Community Services Director.
Funding Source: Not Applicable.
(City Council) Adopted Resolution No. 2002-55 Approving the Submittal of Ten Arterial
Highway Rehabilitation Projects to the Orange County Transportation Authority for
Federal Project Assistance Program Funds (800.40) — Adopted Resolution No. 2002-55 —
"A Resolution of the City Council of the City of Huntington Beach Approving the Submittal of Ten
Projects to the Orange County Transportation Authority for Funding Under the Federal Project
Assistance Program." Submitted by the Public Works Director. Funding Source: Grant funds
up to $515,500 would be revenue to the Gas Tax Fund (207) for the Arterial Rehabilitation
(19) June 3, 2002 - Council/Agency Minutes - Page 19
Project. (The projects currently approved and included in the application are: 1. Warner Avenue
(Springdale to Beach); 2. Newland Street (Hamilton to Atlanta); 3. Gothard Street (Ellis to Heil);
4. Graham Street (Warner to Heil); 5. Hamilton Avenue (Bushard to Santa Ana River);
6. Magnolia Street (Atlanta to Indianapolis); 7. McFadden Avenue (Goldenwest to Sugar);
8. Springdale Street (McFadden to Edinger); 9. Warner Avenue (Boise Chica to Sims);.
10. Yorktown Avenue (Bushard to Brookhurst).
(City Council) Approved City Council Positions on Legislation Pending Before the State
Legislature and/or Congress as Recommended by the City Council Intergovernmental
Relations Committee (640.90) — The City Council Intergovernmental Relations Committee has
reviewed the legislation, propositions, and ruling below and recommended that the City Council
take a position on the following items, and authorized the Mayor to send letters to the legislators
reflecting the approved positions: Motion: Support: Water Resources Development Act 2002
— A federal program to insure the seismic reliability of public water infrastructure in earthquake
prone areas. Oppose: AS 2792 (Negrete, McLeod) — Public Employees Retirement
Contracting Agencies. Oppose AB 2908 (Goldberg) — Local Public Employee Organizations.
Oppose: SB 1516 (Romero) — Public Safety Offices, Procedural Bill of Rights. Oppose SB
1506 (Romero) — Meye rs-Mil lias- Brown Act — Retention of Vehicle License Fee (VLF) funds to
offset payments. Oppose AS 1866 (Wright) — Second Units and Density Bonuses. Submitted
by Shirley Dettloff, Council Member, Chair Person Intergovernmental Relations Committee for
Mayor Debbie Cook and Council Member Ralph Bauer. Funding Source: None Required.
(City Council) Accepted Quit Claim Deed (Atha Property — Surrender of Oil and Gas
Lease) Regarding Beach Maintenance Yard (Near AES Huntington Beach Power Plant)
(650.80) - Approved and authorized.the Mayor to execute and the City Clerk to attest to the
acceptance of the Quit Claim deed from Robert Atha titled Quitclaim and Surrender of Oil and
Gas Lease. Submitted by the City Attorney. Funding Source: Not Applicable.
(City Council/Redevelopment Agency) Approved Adoption of the Proposed Southeast
Coastal Redevelopment Plan and Certification of the Final Environmental Impact Report for
the Southeast Coastal Redevelopment Project (Area Bounded by Hamilton/Newland/
Magnolia/Pacific Coast Highway and Excluding Cabrillo Mobile Home Park) — Adopted
Resolution Nos. 2002-49, 2002-50 and 2002-51 and Agency Resolution Nos. 336, 337 and
338 — Approved Introduction of Ordinance No. 3561 (450,20)
The City Council considered a communication from the Economic Development/Deputy
Executive Director transmitting that with the completion of the joint public hearing on May 20,
2002, the City Council and Agency are able to consider various resolutions that will set policy
and lead to considering the ordinance that would adopt the Redevelopment Plan for the -
Southeast Coastal Redevelopment Project. Resolutions considered are the Agency's and the
City Council certification of the Environmental Impact Report (EIR), the City's acceptance of the
pass through payments, the expenditure of housing set -aside funds outside the project area,
and the approval of the Owner Participation Rules. After these decisions are made, then the
City Council will consider the adopting ordinance for the Southeast Coastal Redevelopment
Plan.
Funding Source: Implementation of redevelopment programs would be funded primarily from
tax increment revenue generated within the Project Area. If the Redevelopment Plan is
adopted, the Agency would collect tax increment revenue from 2003-04 to 2046-47.
Conservatively, as described in the Agency's Report to the City Council presented at the
(20) June 3, 2002 - Council/Agency Minutes - Page 20
May 20, 2002 public hearing, the Agency could obtain approximately $37.9 million in non -
housing redevelopment fund revenues and $16.7 million in affordable housing fund revenues
over this time period for projects that benefit the Project Area.
Economic Development/Deputy Executive Director David Biggs presented the PowerPoint slide
report that had been announced earlier by the City Cleric as a Late Communication.
A motion was made by Houchen, second Green to approve the recommended actions (to
follow).
Prior to the votes on the motion, Council/Agency Member Boardman announced her opposition,
stating the possibility that redevelopment funds proceeds will not be used for cleanup of the
Nesi Ascon site.
Discussion followed relative to landscape improvements and buffers around open space areas.
Mayor Cook stated her opposition to the city expending funds towards the Nesi-Ascon cleanup.
A motion was made by Houchen, second Green to:
1. Adopt Agency Resolution No. 336 — "A Resolution of the Redevelopment Agency of the
City of Huntington Beach, California, Certifying the Final Environmental Impact Report for
the Southeast Coastal Redevelopment Project, Making Certain Findings Regarding the
Environmental Impacts of the Project, and Adopting a Mitigation Reporting and Monitoring
Program and Statement of Overriding Considerations;"
and
2. Adopt Agency Resolution No. 337 — "A Resolution of the Redevelopment Agency of the
City of Huntington Beach Finding that the Use of Taxes Allocated from the Southeast
Coastal Redevelopment Project for the Purpose of Increasing, Improving, and Preserving
the Community's Supply of Low and Moderate Income Housing Outside the Project Area
will be of Benefit to the Project,"
and
3. Adopt Agency Resolution No. 338 — "A Resolution of the Redevelopment Agency of the
City of Huntington Beach Adopting Rules Governing Participation and Preferences by
Property Owners and Business Occupants for the Southeast Coastal Redevelopment
Project. "
and
4. Adopt City Council Resolution No. 2002-49 — "A Resolution of the City Council of the City
of Huntington Beach, California, Certifying the Final Environmental Impact Report for the
Southeast Coastal Redevelopment Project, Making Certain Findings Regarding the
Environmental Impacts of the Project, and Adopting a Mitigation Reporting and Monitoring
Program and Statement of Overriding Considerations;"
and
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June 3, 2002 - Council/Agency Minutes - Page 21
5. Adopt City Council, Resolution No. 2002-50 — "A Resolution of the City Council of the City
of Huntington Beach Electing to Receive All or a Portion of the Tax Revenues Pursuant to
Health and Safety Code Sections 33676 and 33607.5,"
and
6. Adopt City Council Resolution No. 2002-51 — "A Resolution of the City Council of the City
of Huntington Beach Finding that the Use of Tax Allocated from the Southeast Coastal
Redevelopment Project for the Purpose of Increasing, Improving and Preserving the
Community's Supply of Low and Moderate Income Housing Outside the Project Area will
be of Benefit to the Project,"
and
7. After City Clerk reads by title, approve introduction of Ordinance No. 3561 —'An
Ordinance of the City Council of the City of Huntington Beach Approving and Adopting the
Redevelopment Plan for the Southeast Coastal Redevelopment Project."
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Houchen Winchell, Bauer
NOES: Boardman, Cook
ABSENT: None
(City Council) Approved Youth Sports Grant Program Applications (320.10)
The City Council considered a communication from the Community Services Director informing
Council that there is a need to review the Youth Sports Grant Program applications for FY
2001/2002 and approve funding recommendations.
Council Member Grace Winchell announced that she was appointed as the Community
Services Sub Committee Council liaison and attended the meetings. She spoke relative to the
Community Services Commission's need to complete its task in formulating recommendations
to Council. Council Member Winchell further stated that while the proposed recommended
actions set forth on the staff report were not voted down, more investigation is required. She
also stated her approval of funding for the Huntington Harbour tennis courts, which was the
topic of many speakers during the Public Comments portion of the Council meeting.
A motion was made by Bauer, second Dettloff to approve said recommended actions (to follow).
Prior to the vote, City Administrator Silver clarified that every region recommended for funding is
located on a school site within a school district that has responsibility for the organization.
Community Services Director Hagan reported on the Public Works Commission position, and
how the various organizations meet the grant criteria.
Council Member Boardman suggested that the Public Works Commission should be allowed to
do its job, and if it approves said recommendations, a report be made to the full Council.
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June 3, 2002 - Council/Agency Minutes - Page 22
Discussion was held as to number of the fields on the recommended list that allow for adult use.
A motion was made by Bauer, second Dettloff to approve funding for the following youth sports
organizations for fiscal year 2001/2002:
AYSO Region #143
$28,000
Renovate Robinwood School soccer and
baseball field
Friends of Huntington
$12,000
Restore tennis courts at Harbour View
Harbour
School
HB Girls Softball
$17,000
Upgrade Circle View School softball
fields
HBHS Baseball
$5,000
Install permanent fencing on the
Boosters/Huntington Valley
freshman baseball field at HBHS
Little League
HBHS Foundation
$20,000
Purchase lights for evening swimming at
HBHS
Huntington Valley Little
$13,000
Replace unsafe fencing on Minor C
League
league field at Wardlow School
Marina Girls Outdoor Sports
$17,000
Replace unsafe fencing and add brick
dust to existing fields at Marina High
School
Sea View Little League
$20,000
Build a new field for coach pitch at
LeBard School
South Coast Soccer Club
$15,000
Add lighting at Edison High School for
soccer and football
South Coast Soccer Club
$3,000
Remove existing backstop and replace
with two smaller backstops to create two
fields at Dwyer Middle School
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Bauer
NOES: Cook, Houchen, Winchell
ABSENT: None
(City Council) Approved Request to Add Santa Ana River Impaired Waterway (Due to
Trash) to the California State Water Resources Control Board (CSWRCB) Listing (Clean
Water Act) (120.70)
The City Council considered a communication from the Assistant City Administrator informing
Council that there is an opportunity to join the City of Newport Beach and Defend the Bay in a
request to list the Santa Ana River as an impaired waterway. Approval of this request by the
California State Water Resources Control Board (CSWRCB) will assist in creating the basis for
an action plan to begin the restoration of the river.
Assistant City Administrator William P. Workman presented a one page PowerPoint slide report,
which had been announced earlier by the City Clerk as a Late Communication.
A motion was made by Green, second Boardman to authorize the Mayor to forward a letter to
the California State Water Resources Control Board (CSWRCB) seeking to add the Santa Ana
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June 3, 2002 - Council/Agency Minutes - Page 23
River to the Clean Water Act 303(d) List as an impaired waterway due to trash. The motion
carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Wincheli, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3560 to Clarify Definitions — Address Refuse
Issues — Successful Prosecution of Offenders — Aligns Ordinance with Existing
Franchise Agreement with City's Refuse Hauler (640.10)
After the City Clerk read by title, a motion was made by Green, second Houchen to adopt
Ordinance No. 3560 - "An Ordinance of the City of Huntington Beach Repealing Chapters 5.40,
5.41, and 8.20 of the Huntington Beach Municipal Code and Adding Chapter 8.21 Thereto
Pertaining to Refuse Management." Submitted by the Public Works Director. The motion
carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Ordinance Nos. 3543, 3544 and 3545 � Zoning Map Amendment
No. 01-03 of Subareas A through G (General Plan Consistency) (450.20)
A Public Hearing was held and the following ordinances were approved for introduction at the
May 20, 2002 Council meeting:
Adopt, by roll call vote, Ordinance Nos. 3543, 3544 and 3545 after the City Clerk reads by
titles:
Ordinance No. 3543 —An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Zoning Code and Subdivision Ordinance by Changing the Zoning
Designation from RM-O (Medium Density Residential -Oil Overlay) to OS -PR (Open Space -
Parks and Recreation) on Real Property Located on the Northwest Corner of the Intersection
of Huntington Street and Wichita Avenue (Zoning Map Amendment No. 01-03, Sub -Area A);"
and
Ordinance No. 3544 —An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Zoning Code and Subdivision Ordinance by Changing the Zoning
Designation from RM (Medium Density Residential) to PS (Public -Semipublic) on Real Property
Located on the !Northeast Corner of the Intersection of Clay Avenue and Delaware Street
(Zoning Map Amendment No. 01-03, Sub -Area B);"
and
Ordinance No. 3545 —An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Zoning Code and Subdivision Ordinance by Changing the Zoning
Designation from iL (Limited industrial) to PS (Public -Semipublic) on Real Property Located on
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June 3, 2002 - Council/Agency Minutes - Page 24
the Southwest Corner of the Intersection of Garfield Avenue and Huntington Street
(Zoning Map Amendment No. 01-03, Sub Area C."
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook,.Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Approved Proposal by City of Santa Ana for Adoption of Council Position
by the City Re: Increasing City Membership on the Orange County Transportation
Authority (OCTA) Board (800.45)
The City Council considered a communication from Council Member Ralph Bauer transmitting
the following Statement of Issue: As you know, there have been lengthy discussions about
increasing city membership on the OCTA Board. Two attempts to pass legislation for proposed
changes have failed. The reason the state legislature is involved is that the consolidation of a
number of previous transportation boards was done under a state legislative process.
Currently, there are three proposals.
Council Member Bauer reported on the three proposals. (Council Member Bauer's
memorandum, which sets forth all three proposals, is on file with the Office of the City Clerk,
and includes two proposals not adopted by the City Council:)
A motion was made by Dettloff, second Green to accept:
A proposal by Santa Ana, which is the following:
a. Five city members, one from each supervisor district, elected by cities from within that
district rather than at -large by all cities.
b. Automatic membership from the three largest cities that would be Santa Ana, Anaheim,
and Huntington Beach. It is anticipated that Irvine's growth is such that it would eventually
replace Huntington Beach.
C. Elimination of the city at -large position and the alternate. The citizen member and
alternate would remain and the four supervisor positions would remain.
The net effect would be to increase city membership from six to eight.
The motion carried by the following roll call vote:,
AYES: Green, Dettloff, Houchen, Winchell, Bauer
NOES: Boardman, Cook
ABSENT: None
Council Member Winchell commended the Public Works Department for its successful open
house event held .tune 1, 2002.
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June 3, 2002 - Council/Agency Minutes - Page 25
Adjournment — City Council/Redevelopment Agency
Mayor Cook adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to Monday, June 17, 2002, in Room B-8, Civic Center, 2000 Maim Street,
Huntington Beach, California.
ATTEST:
d5xo� U�9 J-4-
City Clerk -Clerk
City Clerk and ex-officio ClerkA the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
Mayor -Chairman