HomeMy WebLinkAbout2003-11-17Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, November 17, 2003
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 Boardman called the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to order at 5:03 p.m. in Room B8.
City Council/Redevelopment Agency Meeting Roll Call
Present:. Sullivan, Coerper, Boardman, Cook, Houchen, Hardy (Green arrived at 5:04 p.m.)
Absent: None
Public Comments Regarding 5:00 P.M. Portion of Council Meeting
Russell Reinhart, President, Huntington Beach Police Officers Association, spoke regarding
recent litigation on which the police officers had received award. He informed Council of details
of the lawsuit wherein the officers tried to lower the award and obtain only the amount of money
that had been owed to them.
Dennis Hashin, Police Officers Association representative, spoke regarding present
circumstances and what he believes to be a shortage of police officers.
Kreg Muller representing the Huntington Beach Police Officers Association requested that the
Mayor and Council request the City Administrator to negotiate health benefits. He spoke
regarding the police officer shortage and what police officers believe are the good provisions of
CALPERS insurance coverage.
(City Council) Annual Joint Study Session Held Between the City Council and the
Investment Advisory Board — Annual Report on Investments to the City Council (October
1, 2002 to September 30, 2003) (310.20)
Investment Advisory Board Meeting Roll Call
Present: Bob Glass, Chair; Joe Foye; Edward Kerins; James Steinkirchner
Absent: Paul Arms, Dianne Shelton
The Investment Advisory Board (IAB) provided its annual update to the City Council regarding
activities for Fiscal Year 2002/2003.
(2) November 17, 2003 - Council/Agency Minutes - Page 2
The following documents had been transmitted in the City Council agenda packet material.
Transmittal of the Annual Report titled City of Huntington Beach Investment Advisory Board (IAB)
Annual Report to the City Council for the period October 1, 2002 to September 30, 2003.
PowerPoint slideshow titled Joint Study Session IAB/City Council November 17, 2003.
Bob Glass, Chair of the Investment Advisory Board reviewed the PowerPoint slide report.
Bill Blackwell, Citi-Group, was introduced by City Treasurer Shari Freidenrich. Mr. Blackwell
presented a report on the current economic and interest rate environment and historical interest
rate issues including historical yield curve and forecast for the economy.
City Treasurer Freidenrich thanked the Investment Advisory Board members including two
members unable to be present.
Motion to Recess to Closed Session — Approved
A motion was approved by unanimous consent to recess to Closed Session on the following items.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
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 Arroyo v. City of Huntington Beach; Orange County
Superior Court Case No. 03CC07135. Subject: Arroyo v. City of Huntington Beach.
(120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
City is a party. The title of the litigation is Huss, et al. v. City of Huntington Beach; U.S.
District Court Case No. SACV 98-249 AHS (ANx). (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
City is a party. The title of the litigation is Charles Nowotny v. Johnson, City of Huntington
Beach, et al.; U.S. District Court Case No. CV 99-13098-FMC. Subject: Charles Nowotny v.
Johnson, City of Huntington Beach, et al. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
City is a party. The title of the litigation is Shugart v. City of Huntington Beach, United States
District Court Case No. SA CV 91-0475 AHS (RWRx). (120.80)
(3) November 17, 2003 - Council/Agency Minutes - Page 3
(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, Court of Appeals
Case No. G030601 [Opp II]. Subject: Opp v. City of Huntington Beach, et al. [Opp I and
Opp II]. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives: Agency Negotiators: Ray Silver, City Administrator; William
Workman, Assistant City Administrator; Clay Martin, Director of Administrative Services; Jim
Engle, Director of Community Services; Kenneth Small, Chief of Police; Duane Olson, Fire
Chief; and Steven M. Berliner, Esq. and Bruce Barsook, Esq. of Liebert Cassidy Whitmore
regarding labor relations matters — meet and confer with the following employee
organizations: MEO, MEA, PMA, FMA, HBPOA, HBFA, MSOA, SCLEA and Non -Associated.
(120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer with
its attorney regarding pending litigation. Based on existing facts and circumstances, the legislative
body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of
Potential Cases: one. Subject: Potential Litigation. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council Chambers
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Boardman asked City Attorney Jennifer McGrath if there were any actions taken by the City
Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney
McGrath responded that there were no actions to report.
City Council/Redevelopment Agency Roll Call
Present: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
Absent: None
Pledge of Allegiance - Led by Mayor Connie Boardman.
Moment of Silence Observed
Mayor Boardman requested observation of a "moment of silence" to reflect upon issues before
the Council this evening.
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:
(4) November 17, 2003 - Council/Agency Minutes - Page 4
Three communications submitted by Poseidon Resources dated November 17, 2003 titled; 1)
CEC Letter dated November 7, 2003 — EIR for Poseidon Resources Seawater Desalination
Project, 2) Comments on the Coastal Commission Seawater Desalination Report addressed to
Mayor Connie Boardman; and 3) Comments on Coastal Commission's Seawater Desalination
Report
Communication from Randy C. Kokal dated November 14, 2003 in opposition to the Poseidon
Seawater Desalination Project.
Communication from the Planning Director regarding follow-up comments on the EIR proposed
Poseidon Seawater Desalination Plant.
Communication from the Planning Department dated November 17, 2003 titled Environmental
Impact Report No. 00-02 (Poseidon Desalination Plant) — Response to California Energy
Commission Letter Dated November 7, 2003.
Communication dated November 14, 2003 from Van Blarcom, Leibold, Mc Clendon & Mann,
Attorney on behalf of Poseidon requesting council deny the appeal.
Two communications; September 8, 2003 from Jan Vandersloot submitting recommendation based
on findings and a communication dated November 01, 2003 listing issues that should be addressed
and another Late Communication submitted during the meeting dated November 16, 2003 in
opposition to the Poseidon CUP and CDP.
Communication submitted by Mike Tope, District Superintendent of the Department of Parks
and Recreation regarding the Poseidon Desalination Plant Environment Impact Report.
Communication submitted by the Santa Margarita Water District in favor of the proposed
Poseidon Seawater Desalination Plant.
Communication submitted by Merrilee Madrigal dated November 16, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by James F. Scott dated November 17, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by John F. Scott dated November 17, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Glenn Elliott dated November 16, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Steven Jelnick dated November 16, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Bob Gennawey dated November 15, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Ann Tweedy dated November 16, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
(5) November 17, 2003 - Council/Agency Minutes - Page 5
Communication submitted by Lyune Baker dated (untitled) in opposition to the proposed Poseidon
Seawater Desalination Plant.
Communication submitted by Steve and Kathi Richardson dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Hadeel EI-Ahraf dated November 17, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Lorraine EI-Ahraf dated November 17, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by William and Kathleen Weizel dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Edward Muphy dated November 16, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Adam Palitz dated November 15, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Linda J Scott dated November 16, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant (untitled) in opposition to the proposed Poseidon
Seawater Desalination Plant.
Communication submitted by Cheryl Elliott dated November 16, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Glenn Elliott dated November 16, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Suzanne Elliott dated November 16, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Steven ands Annie Jelnick dated November 16, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Bob and Mona Gennawey dated November 15, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Scott and Debbra Cooper dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Christine Padesky dated November 15, 2003 (untitled) in opposition
to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Greg and Dillon dated November 16, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
(6) November 17, 2003 - Council/Agency Minutes - Page 6
Communication submitted by Joseph and Joan Ongie dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by William Yarchin, Ph.D. dated November 15, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Eileen Murphy dated November 14, 2003 titled Agenda item comment
in opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Donald and Lorraine Evans dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Brian and Sylvia Visnoski dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Amer EI-Ahraf, Dr. PhD. dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Marinka Horack dated November 12, 2003 titled The Premature
Poseidon Project is Bad for Huntington Beach in opposition to the proposed Poseidon Seawater
Desalination Plant.
Communication submitted by Ernie and Linda Courter dated November 16, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Bob Polkow dated November 14, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Deanna G. Rose dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Ron J. Esmilla dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Kara A Buttacavoli, P.E. dated November 12, 2003 (untitled) in favor
to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Stacey Grosvenor dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by William H. Tappan dated November 10, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Tanveer Rao, P.E. dated October 31, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Craig Watkins dated November 10, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
(7) November 17, 2003 - Council/Agency Minutes - Page 7
Communication submitted by Rashelle L. Smith dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Sue Bennett Hodgson dated November 12, 2003 (untitled) in favor to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Andy Tran dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Terese L. Caiazzo dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Steve Tedesco dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Angel Bustamante dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Steven Agor, P.E. dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Paul E. Cook dated November 10, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Gino Rapagna dated November 4, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Robert J. Ohlund dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
PowerPoint presentation from Community Services Department received in Clerks Office
November 14, 2003 titled Pacific Shoreline Marathon.
Communication from Bob Polkow dated November 14, 2003 (untitled) listing his concerns
regarding the proposed seven district alternative on tonight's agenda.
Communication submitted by Marinka Horack dated November 13, 2003 titled To Express Strong
Opposition to Districting Plan.
Communication from David Vogel dated November 17, 2003 titled no on 3622 in opposition to
the proposed mobile vending ordinance.
The Following Additional Late Communications Were Submitted During the Meeting:
Communication submitted by Gerald and Colette Caterina dated November 17, 2003 titled
Planned Development of Two (2) Single Family Residences at 115 and 11715t' Street,
Huntington Beach, Ca.
Communication submitted by the California Earth Corps dated November 17, 2003 titled
Poseidon Desalination EIR, SOC, CUP and LCP Recommendation for Denial.
(8) November 17, 2003 - Council/Agency Minutes - Page 8
Communication submitted by Michelle Svitenko Africano dated November 16, 2003 (untitled) in
opposition to the proposed Poseidon Desalination Plant.
Communication submitted by Augustine Ronald Pepi and Shirley Elizabeth Pepi (undated and
untitled) in opposition to the proposed Poseidon Desalination Plant.
Communication submitted by John VonHolle (undated) titled Class/Salary Schedule for Ten
Classifications Represented by the Municipal Employees Association (MEA).
Presentation made by Mayor Connie Boardman recognizing some of the exceptional city
employees who have assisted her during her year as Mayor as follows:
Cathy Fikes, Council Secretary; Pat Dapkus, Sr. Administrative Analyst; Bill Zylla, Preservation
Program Manager; Kenneth Small, Police Chief; Robert F. Beardsley, Public Works Director;
and Jim Engle, Community Services Director.
Public Comments
Elaine Bower Keeley, Ballet Etudes representative, announced Nutcracker Suite Event at
Huntington Beach High School on December 6-7, 2003.
Stephanie Barger, Earth Resource Foundation representative, presented an award to Mayor
Connie Boardman from Earth Resource for the cities beach clean up.
Stephen and Emily, students from Academy for the Performing Arts, invited all to performances of
the Ballet Etudes.
Debbie Borden spoke regarding invocation at council meetings and her reasons for offering
invocations the past two years.
Grace Winchell, former mayor, spoke in opposition to Council Districts in any form in Huntington
Beach. She stated if a district measure must be put on the ballot she would recommend seven
districts elected -at -large.
Nancy Donaven stated her opposition to the agenda items relative to city council districts. She
stated however, that seven districts elected -at -large would be preferable over five districts.
Joseph Jeffrey spoke in support of the agenda item regarding Councilmember Sullivan's proposed
seven -district alternative to the five -district measure on the ballot.
Manilal Padhiar requested that for safety reasons a traffic light be installed on Wamer Avenue so
parents or individuals can make a left turn and that the light be installed prior to construction of
Lowe's.
Mark Bixby spoke in opposition to Council districts particularly due to problems such as if a
Councilmember must abstain from voting due to a conflict of interest. He urged Council not to
approve the proposed seven district alternative.
(9) November 17, 2003 - Council/Agency Minutes - Page 9
Ed Kerins, President Huntington Beach Tomorrow, stated opposition to Districting for reasons
including potential for vote swapping. He announced that Huntington Beach Tomorrow will work to
oppose the charter amendment measure.
Topper Horack informed Council of his bad experience when calling a member of the Board of
Supervisors for assistance on a County problem. He stated that the Board Member would not
speak with him as the problem was not within his district. He stated the effect he believed city
council districts would have on Southeast Huntington Beach. He also stated opposition to the
proposed Poseidon Desalination Plant.
Monica Hamilton spoke against the "Fair Districting initiative" charter amendment measure, as she
believes it would reduce her voice in government. She also opposed lifetime term limits for city
councilmembers.
Juana Mueller stated her opposition to the proposed alternative measure of at large council
districts.
Marinka Horack stated that she is strongly opposed to City Council districts. She also stated her
opposition to the proposed Poseidon Desalination Plant.
Steve Ray addressed Council in opposition to the "Fair Districting initiative" charter amendment
measure, as he believes the system is not broken. He also spoke in opposition to the Poseidon
Seawater Desalination Plant project.
Elizabeth Bodine, city employee, stated that increased cost of health insurance will cause even
more financial sacrifices in her family. Her children's education is going to be something they
cannot afford and they will have to be removed from private school if the higher medical premium is
imposed on employees.
James W. Robins President of Amigos de Bolsa Chica stated his opposition to Council districts.
Ben Leland spoke in support of the Poseidon Desalination Project.
John Earl expressed appreciation to Councilmember Debbie Cook and Mayor Connie Boardman
for standing up for the First Amendment. He stated his support for the city employees relative to
the health insurance coverage issue. He stated his opposition to the council districts.
John Erhart requested the construction of a traffic signal before Lowe's hardware is built to protect
people going in and out with children.
Merrilee Madrigal stated her opposition to the Poseidon Desalination Project, citing the need for
safe ocean water.
John Von Holle, President, MEA (Municipal Employees Association) stated that the proposed
insurance coverage increase is like a 500% fee increase; that lower paid employees are really hurt.
He informed Council that the MEA has been told that if an agreement is not reached by December
the cost will be $540 per month. He stated MEA membership has members who qualify for low
income health care. He requested City negotiations continue to solve the problem.
(10) November 17, 2003 - Council/Agency Minutes - Page 10
Gerald Caterina informed Council that two houses are being built that have two windows at directly
level into his bedroom about 11 feet away. He stated that he does not believe the City's Infill
ordinance is being followed.
Art Jensen and his son Cole informed Council that the MEA has always worked with Council and
requested that employees not be required to take this big of an increase in health insurance costs.
Mr. Jensen also stated that the MEA groups took the biggest hit in layoffs.
Judy Demers informed Council of the types of work done by the MEA members — planners — code
enforcement officers etc; stating that these employees are the backbone of the City. She stated
that this situation will force employees to choose between health care and day care.
Michael Dean gave reasons why he had moved to the city. He spoke about the employees health
plan coverage and requested new negotiations.
Janelle Case stated that due to lay offs and frozen positions, she and other employees have been
willing to take on additional responsibilities; that the Department of Public Works was hit the hardest
in layoffs. She requested negotiators offer a better insurance plan.
Corrine Hoffman spoke regarding the high quality of employees in the City; that because of the
budget problems more and more work is being placed on employees. She spoke regarding the
effect of the insurance coverage issue on city employees.
William Davis, Teamster, presented reasons why the proposed heath insurance plan was unfair
and stated the effects it would have on employees and the City.
Randy Brown spoke regarding the vital public services that city employees provide to the City of
Huntington Beach. He gave examples of how the employees serve to the public, on and off the job.
He stated that the employees understand that they must contribute some to their insurance.
Barbara Richardson, Huntington Beach Library representative for the employees stated that the
city employees were loyal for six years without pay raises and in turn were told the city would be
loyal. She stated that she knows part of the insurance must be paid by employees, however the
coverage being proposed will be inferior.
Mark Adams addressed Council stating that the proposed insurance costs would result in a pay cut
Of 10%.
Gus Santos informed Council of the dedication of city employees to providing the best work ethic
and work product to the community.
Peter Raia stated the Department of Public Works has a motto "Public Works is the heartbeat of
the city". He stated that employees should not be forced to bear the full burden of budget shortfall.
He stated earlier this year he took a 19'/z% decrease due to layoffs and now this will be another
decrease.
Barbara Gray stated that the lower the employee salary the bigger the pay cut. She gave an
example of Office Assistant II being the largest position category in the MEA, and which will take a
12% pay cut. She stated that 5% across the board for all employees would be more equitable.
(11) November 17, 2003 - Council/Agency Minutes - Page 11
Kathy Vaughan requested that the negotiating team meet again and a fair plan agreed upon.
Ronn Rathbun spoke regarding how the proposed cost increase of health insurance will affect his
family. He informed Council that the city employees only want to negotiate.
Bill Applebee spoke regarding commitment of city employees to the community and gave
examples of city services on beaches.
James Awana gave reasons why he believes the proposed insurance increase is short-sighted,
unfair, and wrong. He stated that the MEA proposal is to accept Heath Net proposal for one year
and then set up a committee. He stated that no response has been received, except for employees
to pick up the full amount in premiums.
Raymond Whitmer, Teamster, asked that all managerial employees stand in the audience and be
recognized. He stated that the negotiators made it clear that in January the city employees will pay
a large price and detailed the increased costs and the inferior plan that is proposed.
Freddie Horning stated that the increased costs of health benefits will make a great impact on her
life; and the lives of her daughter, son, and her husband who is currently seeking work. She
questioned why only one plan, HealthNet, is being offered. Ms. Horning informed Council of her
past experience and dissatisfaction with HealthNet.
Gail Ballone informed Council that if the large increase is imposed she will have to drop her
husband from the health care plan and spoke regarding her encounters with illness.
Michael Hutton urged an authorized negotiation team to accept the MEA proposal and return to
the bargaining table. He spoke regarding how the city employees maintain sewer, beaches and
water all of which making a good quality city.
Recessed at 9:05 p.m.
Reconvened at 9:15 p.m.
Dr. Galluccio, physican and former member of the City Environmental Board, presented reasons in
opposition to the proposed Poseidon Seawater desalination plant. He questioned the need for
more water instead of conservation. He questioned the technology even after attending a meeting
at the St. Simon and Jude Church. He stated that the government has already asked him to post a
sign warning people not to eat fish from the area.
Joey Racano spoke regarding what he believes is the detrimental environmental influence of the
AES power plant. He spoke in opposition to council districts.
Don Mc Gee presented reasons for his opposition to the proposed Poseidon Seawater desalination
plant.
Dr. Jan Vandersloot spoke in opposition to council districts, citing his experience as a resident of
Newport Beach. He stated that not once in 23 years has a Newport Beach Council been an
advocate for the people; the city has always been on the side of the developer. He stated the
merits of the at -large elections procedure of Huntington Beach.
(12) November 17, 2003 - Council/Agency Minutes - Page 12
Norm "Firecracker" Westwell made a PowerPoint presentation showing how districting will allow
less choices, reducing to a vote every four years instead of two years. He stated less government
is good but less representation is bad.
Jim Moreno stated his support for the seven council district plan as proposed on the agenda as the
people will have an opportunity to speak to one representative.
Don Hansen stated his support for the "Fair Districting initiative" charter amendment. He spoke in
opposition to Councilmember Hardy's comments during the last council meeting relative to
districting. He stated the item proposed by Councilmember Sullivan is fair to all.
Glenn Brooks requested that the city council take the pension away from the city employee who
stole money from the city and also the salary the employee received while on administrative leave.
Peter Albin! spoke in favor of the proposed Poseidon Seawater desalination plant.
Mary Jo Baretich stated her opposition to the Poseidon Desalination Project
(City Administrator's Report) Announcement of Upcoming Event at the Art Center
Recognizing Boards and Commission Members (960.20)
Assistant City Administrator William Workman reported on an upcoming event at the Art Center
recognizing Boards and Commission members.
(City Council) Public Hearing Held — Approved Zoning Map Amendment No. 00-02 Filed by
Paul Rothenberg, Canyon Consulting on behalf of Lowe's Home Improvement Warehouse
(Located n/s of Warner Avenue Approximately 500' e/o Beach Boulevard) — Approved
Introduction of Ordinance No. 3624 (450.20)
The City Council considered a communication from Planning Director Howard Zelefsky.
Mayor Boardman announced that his was the time noticed for a public hearing to consider the
following:
Applicant: Paul Rothenberg, Canyon Consulting on behalf of Lowe's Home Improvement
Warehouse.
Request: Zoning Map Amendment: To amend the zoning on the 17.4 acre former Rancho View
School and existing Ocean View School District Bus Maintenance Facility from Public -Semipublic to
General Commercial.
Location: Bounded by Warner Avenue on the south, B Street on the west, Roubidoux Drive on the
north, and multi -housing units located just west of Minoru Lane on the east.
Notice is hereby given that this Agenda item is covered by Environmental Impact Report No. 00-01,
certified as adequate and complete in accordance with CEQA requirements by the Planning
Commission on October 28, 2003.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
(13) November 17, 2003 - Council/Agency Minutes - Page 13
Planning Director Howard Zelefsky presented staff report. He reported regarding the questions that
had been asked by speakers under the public comments portion of the meeting regarding the need
for and timing of installing a traffic light at Warner Avenue prior to the building of Lowes.
Staff presented a PowerPoint slide show titled Lowe's Home Improvement Warehouse City Council
Meeting November 17, 2003 Zoning Map Amendment No. 00-02 which was is included in the
agenda packet.
Mayor Boardman declared the public hearing open.
Wayne Peterson, representing Lowe's Home Improvement Warehouse informed Council that they
would support early building of the traffic light at Warner Avenue.
Norm "Firecracker" Westwell, Libertarian Party, spoke in support of the application.
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 Sullivan, second Coerper to:
PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to:
1. Approve Zoning Map Amendment No. 00-02 (Attachment No. 2) with Findings for Approval as
set forth in Attachment No. 1* (immediately following in this set of minutes);
and
2. Approve for introduction of Ordinance No. 3624 after a reading by title by the City Clerk -
Ordinance No. 3624 — "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Zoning and Subdivision Code by Amending District Map 27 (Sectional
District Map 24-5-11) to Rezone the Real Property Generally Located on the North Side of
Warner Avenue Approximately 500 Feet East of Beach Boulevard from PS (Public -Semi
Public) to CG (General Commercial) (Zoning Map Amendment No. 00-02)."
Prior to casting votes on the motion on the table Councilmember Debbie Cook commented
regarding compact parking spaces and her opinion that the provision is not adhered to; that the City
would be better off revising that requirement.
The motion (stated above and read by title by the City Clerk) carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
Attachment No. 1*
Suggested Findings For Approval
Zoning Map Amendment No. 00-02:
1. Zoning Map Amendment No. 00-02 to change the zoning on a 17.4 acre parcel from PS
(Public -Semipublic) to CG (General Commercial) is consistent with the objectives,
policies, general land uses and programs specified in the General Plan. The zoning
(14) November 17, 2003 - Council/Agency Minutes - Page 14
map amendment will enable the property owner and applicant to carry out policies and
objectives stated in the Economic Development Element of the General Plan and meet
City Council objectives to promote economic development as stated in City Council
resolution No. 96-57.
2. In the case of a general land use provision, the zoning map amendment is compatible
with the uses authorized in, and the standards prescribed for, the zoning district for
which it is proposed. The proposed development project has demonstrated an ability to
comply with the use provisions and development standards contained in the requested
General Commercial zoning district.
3. A community need is demonstrated for the change proposed. The zoning map
amendment to General Commercial furthers the goals and policies of General Plan
Subarea 6B and will likely foster a cohesive commercial development between the
school site and Beach Boulevard as envisioned in the General Plan.
4. Its adoption will be in conformity with public convenience, general welfare and good
zoning practice. The subject site is currently a large underutilized property located on a
major arterial. The General Commercial zoning designation is the appropriate zoning
for the site generally because of its size, location, and existing buffers, which serve to
separate commercial development from residential uses.
(City Council) Part 1 of 2 Parts of Public Hearing: (1.) Opened and Continued Open for
Consideration of Appeal Filed by Mayor Connie Boardman of the Planning Commission's
Certification of Environmental Impact Report (EIR) No. 00-02 (Poseidon Seawater
Desalination Plant Located at 21730 Newland Street, east side, south of Edison Avenue) -
Application Filed by Poseidon Resources Corporation — Continue to Consider Adoption of
Resolution No. 2003-82 and (2.) For Part 2 - See Agenda Item to Follow — Public Hearing
Continued Open to December 15, 2003 (520.70)
The City Council considered a communication from Planning Director Howard Zelefsky.
Mayor Boardman announced that this was the time noticed for a public hearing to consider the
following:
Applicant: Poseidon Resources Corporation
Appellant: Mayor Connie Boardman
Request: To analyze the potential environmental impacts associated with the implementation of a
proposed 50 million gallons per day seawater desalination plant.
Location: 21730 Newland (east side, south of Edison Avenue)
PowerPoint presentation titled Environmental Impact Report No. 00-02 - Poseidon Seawater
desalination plant is included in the agenda packet.
Communication in favor of the Poseidon Seawater Desalination Project dated October 31, 2003
(untitled) received from Tanveer Rao is included in the agenda packet.
(15) November 17, 2003 - Council/Agency Minutes - Page 15
Communication submitted by Gino Rapagna dated November 4, 2003 (untitled) in support of the
Poseidon Seawater Desalination Project is included in the agenda packet.
Communication from Surfrider Foundation dated November 5, 2003 titled Poseidon Desalination
EIR Appeal requesting Council deny certification of this EIR (Environmental Impact Report) is
included in the agenda packet.
Communication from the California Energy Commission dated November 7, 2003 titled
Comments on the City of Huntington Beach EIR for the Proposed Poseidon Seawater
Desalination Plant stating concerns regarding the Environmental Impact Report is included in
the agenda packet.
Communication from George Tripp dated November 10, 2003 (untitled) regarding three
concerns he believes have not been addressed in the EIR is included in the agenda packet.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Mayor Boardman announced hearings would be separate for Agenda Items D-2a (EIR) and D-
2b (CUP and CDP). She stated Principal Planner Mary Beth Broeren had gone home ill and
that perhaps the second part of the public hearing would have to be continued. Mayor
Boardman gave reasons why she had filed the appeal.
Planning Director Howard Zelefsky spoke regarding a letter he received at approximately four or
five pm today from California Energy Commission and stated that he is not certain council has
received this letter.
Associate Planner Ricky Ramos presented a PowerPoint titled Environmental Impact Report
No. 00-02 — Poseidon Seawater Desalination Plant, which was included in the agenda packet.
Mayor Boardman declared the public hearing open.
Prior to announcing the public speakers, City Clerk Brockway restated for the record the
following Late Communications which pertain to this public hearing including those listed on the
agenda:
Three communications submitted by Poseidon Resources dated November 17, 2003 titled; 1)
CEC Letter dated November 7, 2003 — EIR for Poseidon Resources Seawater Desalination
Project, 2) Comments on the Coastal Commission Seawater Desalination Report addressed to
Mayor Connie Boardman, and 3) Comments on Coastal Commission's Seawater Desalination
Report
Communication from Randy C. Kokal dated November 14, 2003 in opposition to the Poseidon
Seawater Desalination Project.
Communication from the Planning Director regarding follow-up comments on the EIR proposed
Poseidon Seawater Desalination Plant.
(16) November 17, 2003 - Council/Agency Minutes - Page 16
Communication from the Planning Department dated November 17, 2003 titled Environmental
Impact Report No. 00-02 (Poseidon Desalination Plant) — Response to California Energy
Commission Letter Dated November 7, 2003.
Communication dated November 14, 2003 from Van Blarcom, Leibold, Mc Clendon & Mann,
Attorney on behalf of Poseidon requesting council deny the appeal.
Two communications; September 8, 2003 from Jan Vandersloot submitting recommendation based
on findings and a communication dated November 01, 2003 listing issues that should be addressed
and another Late Communication submitted during the meeting dated November 16, 2003 in
opposition to the Poseidon CUP and CDP.
Communication submitted by Mike Tope, District Superintendent of the Department of Parks
and Recreation regarding the Poseidon Desalination Plant Environment Impact Report.
Communication submitted by the Santa Margarita Water District in favor of the proposed
Poseidon Seawater Desalination Plant.
Communication submitted by Merrilee Madrigal dated November 16, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by James F. Scott dated November 17, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by John F. Scott dated November 17, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Glenn Elliott dated November 16, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Steven Jelnick dated November 16, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Bob Gennawey dated November 15, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Ann Tweedy dated November 16, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Lyune Baker dated (untitled) in opposition to the proposed Poseidon
Seawater Desalination Plant.
Communication submitted by Steve and Kathi Richardson dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Hadeel El-Ahraf dated November 17, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Lorraine EI-Ahraf dated November 17, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
(17) November 17, 2003 - Council/Agency Minutes - Page 17
Communication submitted by William and Kathleen Weizel dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Edward Muphy dated November 16, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Adam Palitz dated November 15, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Linda J Scott dated November 16, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant (untitled) in opposition to the proposed Poseidon
Seawater Desalination Plant.
Communication submitted by Cheryl Elliott dated November 16, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Glenn Elliott dated November 16, 2003 (untitled) in opposition to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Suzanne Elliott dated November 16, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted .by Steven ands Annie Jelnick dated November 16, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Bob and Mona Gennawey dated November 15, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Scott and Debbra Cooper dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Christine Padesky dated November 15, 2003 (untitled) in opposition
to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Greg and Dillon dated November 16, 2003 (untitled) in opposition to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Joseph and Joan Ongie dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by William Yarchin, Ph.D. dated November 15, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Eileen Murphy dated November 14, 2003 titled Agenda item comment
in opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Donald and Lorraine Evans dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
(18) November 17, 2003 - Council/Agency Minutes - Page 18
Communication submitted by Brian and Sylvia Visnoski dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Amer EI-Ahraf, Dr. PhD. dated November 17, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Marinka Horack dated November 12, 2003 titled The Premature
Poseidon Project is Bad for Huntington Beach in opposition to the proposed Poseidon Seawater
Desalination Plant.
Communication submitted by Ernie and Linda Courter dated November 16, 2003 (untitled) in
opposition to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Bob Polkow dated November 14, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Deanna G. Rose dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Ron J. Esmilla dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Kara A Buttacavoli, P.E. dated November 12, 2003 (untitled) in favor
to the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Stacey Grosvenor dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by William H. Tappan dated November 10, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Tanveer Rao, P.E. dated October 31, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Craig Watkins dated November 10, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Rashelle L. Smith dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Sue Bennett Hodgson dated November 12, 2003 (untitled) in favor to
the proposed Poseidon Seawater Desalination Plant.
Communication submitted by Andy Tran dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Terese L. Caiazzo dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
(19) November 17, 2003 - Council/Agency Minutes - Page 19
Communication submitted by Steve Tedesco dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Angel Bustamante dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Steven Agor, P.E. dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Paul E. Cook dated November 10, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Gino Rapagna dated November 4, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
Communication submitted by Robert J. Ohlund dated November 12, 2003 (untitled) in favor to the
proposed Poseidon Seawater Desalination Plant.
PowerPoint presentation from Community Services Department received in Clerks Office
November 14, 2003 titled Pacific Shoreline Marathon.
Communication from Bob Polkow dated November 14, 2003 (untitled) listing his concerns
regarding the proposed seven district alternative on tonight's agenda.
Communication submitted by Marinka Horack dated November 13, 2003 titled To Express Strong
Opposition to Districting Plan.
Communication from David Vogel dated November 17, 2003 titled no on 3622 in opposition to
the proposed mobile vending ordinance.
The Following Additional Late Communications Were Submitted During the Meeting:
Communication submitted by the California Earth Corps dated November 17, 2003 titled
Poseidon Desalination EIR, SOC, CUP and LCP Recommendation for Denial.
Communication submitted by Michelle Svitenko Africano dated November 16, 2003 (untitled) in
opposition to the proposed Poseidon Desalination Plant.
Communication submitted by Augustine Ronald Pepi and Shirley Elizabeth Pepi (undated and
untitled) in opposition to the proposed Poseidon Desalination Plant.
End of Late Communications
Billy Owens representing Poseidon Resources Corporation requested a continuance of the
public hearing and presented reasons for his request.
Discussion held among Councilmembers regarding whether Council was ready to hear the
public hearing at this time.
(20) November 17, 2003 - Council/Agency Minutes - Page 20
Councilmember Debbie Cook spoke regarding the second California Energy Commission (CEC)
letter received today stating reasons why Council should take it with a "grain of salt."
Mayor Pro Tern Cathy Green stated that the California Energy Commission (CEC) did not write
the letter, that CEC staff did. She stated that she had received answers from planning staff
regarding her questions from the study session.
In response to Mayor Connie Boardman, Mr. Curtis, Poseidon representative stated he would
like to delay his presentation to December 15, 2003.
John Earl stated reasons for opposing the Poseidon desalination project. He stated that water
privatization poses a change in public policy and leaves a detrimental effect behind it, as in third
world countries. He stated public control is a fundamental right.
John F. Scott spoke in opposition of the Poseidon desalination project and cited water quality
grades in the past years of the ocean waters in that area.
Dr. Amer EI-Ahraf presented reasons why he is opposed to the Poseidon desalination project,
including land use and public health issues.
Steve Ray questioned if he could speak again at the continued public hearing and was informed
that he could.
Norm " Firecracker" Westwell spoke in favor of the Poseidon desalination project.
Jan Vandersloot spoke regarding all the information that he believes should be included in an
environmental report including the very important California Environment Commission
document. He stated that the effect of the AES power generating plant was not discussed. He
spoke regarding the need to analyze further as he has outlined in his report. He brought
Council's attention to the pictures in the packet of material he presented to Council. He says
the Environmental Impact Report (EIR) should be analyzed further.
Steve Ray stated that he was one of three members of the Planning Commission who voted not
to certify the EIR. He stated that he is not opposed to Poseidon or desalination however, he
does not think the EIR is adequate.
Larry Porter brought Council's attention to what he believes are false statements in the subject
of the computer model developed for this project. He continued with problems he believes are
in the EIR.
Don Mc Gee stated his opposition to the Poseidon desalination project.
Reed Royalty, President of the Orange County Taxpayers Organization informed Council that
he believes the effects of the Poseidon desalination project are good for taxpayers and good for
the economy.
Monika Galluccio, South Huntington Beach Neighborhood Association spoke in opposition to
the proposed desalination project due to water quality of the ocean at the location where the
plant is proposed to be built. She spoke regarding the current condition of ocean pollution in
that area and cautioned that fish are inedible due to the mercury in the ocean.
(21) November 17, 2003 - Council/Agency Minutes - Page 21
Chris Hart informed Council he had been a Hillsborough County Commissioner as well as
serving on the Tampa, Florida Water Board. Mr. Hart spoke in favor of the project stating there
had been problems in his city but that the project would add millions of dollars to the city budget.
Considerable discussion was held between the City Council and Mr. Hart including comparisons
with Florida as it pertains to pumping systems, cost per acre foot, output and the Poseidon plant
being taken over by Tampa Bay Water.
Councilmember Gil Coeper inquired as to how many gallons of water are being currently
produced. Mr. Hart answered none, due to mismanagement.
Walter Winrow, Poseidon Resources stated that they are a Delaware Corporation. In response
to Councilmember Cook he stated that he did not know the cost of power in that area.
Andrew Kingman, CEO of the Delaware Corporation, furnished the power cost figure and
discussion held with Councilmember Cook.
Ron Van Blarcom, Attorney for Poseidon spoke in favor of the proposed Poseidon desalination
project.
Dr. Scott Jenkins inquired if the Council had received the letter from the California Energy
Commission (CEC). He said the most recent CEC letter was a retraction of their earlier letter of
November 7, 2003. He reported to Councilmember Hardy in regards to windspeeds and
accuracy of the graph. Councilmember Hardy stated she was concerned about the accuracy of
the graph. Dr. Jenkins said he would send her clarifying information, to which Councilmember
Hardy replied that would be helpful.
Elaine Archibald, representing Poseidon Resources spoke regarding errors which she believes
are in the California Energy Commission (CEC) letter on the water quality issue. She spoke
regarding source water contamination and the KOMEX Report. In response to Concilmember
Coerper, Ms. Archibald stated that to her knowledge there will be no hazardous waste levels.
Dr. Jeff Graham, Scripps Institute of Oceanography and author of studies related to the effects
of salinity discharge. He stated that there will not be a major biological effect on the organisms
living in the vicinity of the Huntington Beach discharge.
Tanveer Rao, Civil Professional Engineer informed Council that his background is in water
supply and treatment. He spoke about how desalination is a proven technology. Mr. Rao
stated that the revenue base for the city and local labor will help the economy. He requested
Council support of the project.
Ralph Bauer, former Mayor, spoke in favor of the Environmental Impact Report; however
addressing concerns regarding the aquifer, salt water intrusion and other issues relative to the
Metropolitan Water District supply.
Teresa Young spoke regarding how the salinity could increase over time. She spoke regarding
how the parts per thousand could eventually be raised to the salinity of the Salton Sea. She
stated that the technology was not available to filter out organisms.
(22) November 17, 2003 - Council/Agency Minutes - Page 22
Joe Geever, Regional Manager of the Surf Rider Foundation asked if documents mentioned
would be available to the public. The Mayor informed Mr. Geever that the records are
accessible and are a matter of public record in the City Clerk's Office.
Greg Jewell, Surfrider Foundation Representative spoke in opposition to the desalination
project.
Joey Racano spoke regarding the desalination plant in Florida. He commented on what he
believes is AES Power Plant influence in that the signature of Ed Blackford was on documents
by Poseidon. He stated that AES is in violation for not using the best available technology that
is required by law; that the outdated single pass cooling system is being used.
Don May, California Earth Corps spoke regarding the inadequacies of the EIR. He informed
Council that AES is a peaking plant and that Poseidon would be buying off peak power which
means AES would be using more water and the discharge impacts of salinity is concerning. Mr.
May also questioned by there is nothing relative to compensation for the infrastructure that will
be affected by this project.
Robert Harrison, Control System Engineer and Teacher stated his support for the desalination
project. He informed the council that he believes the project is a winner and should be
approved.
Dr. Dallas Weaver stated after listening to arguments that he believes the opponents were
misguided or have hidden agendas. Dr. Weaver cited examples.
Eben Sprague stated he believes the coastline is under attack. He spoke regarding his
concerns relative to the lifeguards swimming on the beach, the children, and the plume. He
stated the problem is uncontrolled development and the city needs to be held responsible for
the beach and that in the future there must be concentration on the outfall and trying to clean
that up. He stated the sciences need to be addressed in order to remove pollution from the
ocean and to cease dumping in the ocean.
David Pryor, California State Parks, spoke regarding the State owned beach in Huntington
Beach. He spoke regarding his concerns relative to bacterial levels and discharge including
current discharge.
There being no one present to speak further on the matter the Mayor entertained a motion to
continue the public hearing open to December 15, 2003 at 7:00 p.m.
A motion was made by Sullivan, second Coerper to continue the public hearing open to
December 15, 2003. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(23) November 17, 2003 - Council/Agency Minutes - Page 23
(City Council) Part 2 of 2 Parts of Public Hearing — Opened and Continued Open to
December 15, 2003 - (1.) For Part 1 — See Preceding Agenda Item and (2.) Approve
Conditional Use Permit (CUP) No. 02-04 and Coastal Development Permit (CDP) No. 02-05
(Poseidon Seawater Desalination Plant Located at 21730 Newland (e/s, s/o Edison
Avenue) —.Approve CEQA (California Environmental Quality Act) Statement of Findings
and Fact with a Statement of Overriding Considerations — Approve Mitigation Monitoring
and Reporting Program - Hearing Continued Open to December 15, 2003 (520.70
Mayor Boardman announced that his was the time noticed for a public hearing to consider the
following:
Applicant: Poseidon Resources Corporation
Request: To construct a 50 million gallons per day seawater desalination plant including a
10,120 sq. ft. administration building, a 38,090 sq. ft. reverse osmosis building, a 36,305 sq. ft.
product water storage tank, and miscellaneous accessory structures on an 11 acre lease area.
The proposed improvements include up to four miles of water transmission lines in Huntington
Beach, one mile of which will be within the Coastal Zone, to connect to an existing regional
transmission system in Costa Mesa. The project also includes perimeter landscaping and
fencing along Newland Street and Edison Avenue.
Location: 21730 Newland (east side, south of Edison Avenue)
Notice is hereby given that this Agenda item is located in the appealable jurisdiction of the Coastal
Zone and includes Coastal Development. Permit No. 02-05 filed on January 22, 2002, in conjunction
with the above request.
Notice is hereby given that the Coastal Development Permit hearing consists of a staff report, public
hearing, City Council discussion and action. The City Council's action on this item may be
appealed to the Coastal Commission within ten (10) working days from the date of receipt of the
notice of final City action by the Coastal Commission pursuant to Section 245.32 of the Huntington
Beach Zoning and Subdivision Ordinance and Section 13110 of the California Code of Regulations,
or unless Title 14, Section 13573 of the California Administrative Code is applicable. The Coastal
Commission address is South Coast Area Office, 200 Oceangate, 10th Floor, Long Beach, CA
90802-4302, phone number: (310) 570-5071.
The Mayor continued the public hearing open to December 15, 2003 at 7:00 p.m.
Consent Calendar — Items Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(City Council/Redevelopment Agency) Sale Under the City's Municipal Code Surplus Property
Provisions of Property at 2502 Delaware Avenue for Habitat for Humanity Housing Project (Remnant
from Yorktown Widening Project) (650.70)
(City Council) Complimentary Two -Hour Parking at the Business Zone Meters in Downtown
Huntington Beach During the Holidays from December 12, 2003 through January 2, 2004
(340.10)
(24) November 17, 2003 - Council/Agency Minutes - Page 24
(City Council) Closure of City Hall to the Public for Christmas( December 24, 25, and 26, 2003)
and New Year's Day (December 31, 2003, January 1 and 2, 2004 (120.10)
(City Council) City Clerk's Passport Acceptance Facility Operations Report for the Period of
April 2003 through September 2003 (100.30)
Consent Calendar — Items Approved
On motion by Houchen, second Boardman Council approved the following Consent Calendar items,
as recommended. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(Redevelopment Agency) Adopted Agency Resolution No.346 of the Redevelopment
Agency Amending the Agency Debt Pursuant to the Operative Agreement Between the
City of Huntington Beach and the Redevelopment Agency for the Huntington Beach
Redevelopment Project (Merged Project Area) (600.30) — Adopted Resolution No. 346 - "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 Economic
Development/Deputy Executive Director. Funding Source: Not applicable.
(City Council) Approved Project Plans and Specifications and Authorized Advertisement of
Bids for Alabama Storm Drain Improvement Project; CC-1214 (600.60) — Approved project
plans and specifications and authorized advertisement of bids for Alabama Storm Drain
Improvement Project; CC-1214. Submitted by the Public Works Director and Economic
Development Director. Funding Source: Funds are available through an EPA grant and a CDBG
grant with the local match from the City's sewer fund. The City also anticipates additional funding
through the Orange County Sanitation District's Cooperative Projects Program. The engineer's
cost estimate is $1,500,000. Final funding sources will be determined prior to award of contract.
(City Council) Approved the Memorandum of Understanding (MOU) Between the City of
Huntington Beach and the Boys and Girls Club of Huntington Valley to Provide Support
Services for the Pioneer Family Resource Center (600.10) — Approved the Memorandum of
Understanding between the City of Huntington Beach and the Boys and Girls Club of Huntington
Valley to provide support services for the Pioneer Family Resource Center. Submitted by the
Community Services Director. Funding Source: Not applicable.
(City Council) Approved Amendment of City Budget to Increase City Attorney's Office
Attorney Fees, Professional Services Account (320.45) — Approved and authorized the
Director of Administrative Services to appropriate $10,000 from the General Fund Balance to
the City Attorney's Office Attorney Fees, Professional Services Account. Submitted by the City
Attorney. Funding Source: General Fund Unreserved / Undesignated Fund. (Fiscal Impact
Statement (FIS) 2004-08)
(25) November 17, 2003 - Council/Agency Minutes - Page 25
(City Council) Approved an Amendment to the 2003-2004 Budget to Add a Legal
Secretary Permanent Position to City Attorney's Office Table of Organization (320.45) —
Approved and authorized the Director of Administrative Services to amend the 2003/2004
budget to add a Legal Secretary permanent position to City Attorney's Office Table of
Organization and transfer the funds to the salary and benefits portion of the City Attorney's
office budget. Submitted by the City Attorney. Funding Source: $55,694.00 from the General
Fund Attorney Fees Professional Services Account.
(City Council) Accepted the Homeland Security Grant Between the City and the County of
Orange -Office of Emergency Services (OES) for Funding Cycle Year 2003-2004 (340.60) —
1. Accepted the Homeland Security Grant between the County of Orange -Office of Emergency
Services and the City of Huntington Beach for funding cycle year 2003-2004; and 2. Authorized
the Chief of Police, Fire Chief and the Director of Community Services to expend funds to cover
the overtime costs to train and equip their respective personnel; and 3. Approved the
appropriation of $376,422.00 plus any additional funds that may be needed for salary increases
from the unreserved, undesignated General Fund Balance, to be reimbursed by the grant from
the County of Orange -Office of Emergency Services. Submitted by the Chief of Police, Fire
Chief, and Community Services Director. Funding Source: Estimated to be $376,422.00 to be
appropriated from the unreserved, undesignated General Fund Balance and will be reimbursed
fully by a grant from OES. No other matching or in -kind City funds are required for this grant.
(Fiscal Impact Statement (FIS) 2004-07.)
(City Council) Approved and Accepted Project Grant AM04015-You Drink and Drive, You
Lose, Sobriety Checkpoint Program Grant between the State of California -Office of
Traffic Safety (OTS) and the City (340.80) —1. Approved and accepted Project Grant
Am04015-You Drink and Drive, You Lose, between the State of California -Office of Traffic
Safety and the City of Huntington Beach; and 2. Approved the appropriation of $17,901.00 from
the unreserved, undesignated General Fund Balance, to be reimbursed by the grant from the
Office of Traffic Safety; and 3. Authorized the expenditure of funds not to exceed $17,901.00 to
provide driving under the influence enforcement. Submitted by the Chief of Police. Funding
Source: Appropriate funds from the unreserved, undesignated General Fund to be reimbursed
by a grant, which is funded by the State of California-OTS (Office of Traffic Safety) in the
amount of $17,901 for December 2003 through July 2004. No other matching or in -kind City
funds are required. (Fiscal Impact Statement 2004-05)
(City Council/Redevelopment Agency) Approved Sale Under the City's Municipal Code Surplus
Property Provisions of Property at 2502 Delaware Avenue for Habitat for Humanity Housing
Project (Remnant from Yorktown Widening Project) (650.70)
Councilmember Houchen requested that this agenda item be removed from the Consent
Calendar to inform Council that in her opinion the appraised value should not be discounted.
A motion was made by Boardman, second Hardy to:
City Council Actions:
1. Approve the sale of the parcel at 2502 Delaware to the Redevelopment Agency for $153,000
(appraised value less 10%) and authorize the Mayor and City Clerk to execute the Grant Deed from
the City to the Redevelopment Agency and send to the County for recordation after the Agency
Clerk has affixed the Acceptance Certificate of the Redevelopment Agency.
(continued on the next page)
(26)
and
November 17, 2003 - Council/Agency Minutes - Page 26
Redevelopment Agency Action:
2. Authorize acceptance of the Grant Deed by the Redevelopment Agency.
The motion carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook, Hardy
NOES: Coerper, Houchen
ABSENT: None
(City Council) Denied Complimentary Two -Hour Parking at the Business Zone Meters in
Downtown Huntington Beach During the Holidays from December 12, 2003 through
January 2, 2004 (340.10)
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar and stated reasons for his concerns regarding waiving the fees. He stated that the
action if approved, would entail a loss of $20,000.
Councilmember Cook concurred for reasons relative to the public comments regarding
employee health benefits.
Discussion was held among Council. Councilmember Coerper stated that conversely, he
believes waiver of the fee would actually generate more sales.
A motion was made by Sullivan, second Green to deny the approval of the complimentary two-
hour parking at the Business Zone Meters in Downtown Huntington Beach during the holidays
from December 12, 2003 through January 2, 2004.
The motion to deny carried by the following roll call vote:
AYES: Sullivan, Green, Boardman, Cook, Hardy
NOES: Coerper, Houchen
ABSENT: None
(City Council) Approved Closure of City Hall to the Public for Christmas (December 24,
25, and 26, 2003) and New Year's Day (December 31, 2003, January 1 and 2, 2004 —
Directed Administration to Maintain Record of the Number of Employees Who Take
Advantage of the Closure (120.10)
Councilmember Dave Sullivan requested that this agenda item be removed from the Consent
Calendar to inquire if records are kept as to the number of employees who come in to work. He
requested records be kept by Administration regarding how many employees take advantage of
this action.
Mayor Cathy Green asked if there was much work to do. Assistant City Administrator William
Workman responded that employees have an ample amount of work to do despite the fact that
City Hall is closed to the public.
(27) November 17, 2003 - Council/Agency Minutes - Page 27
A motion was made by Sullivan, second Green to close City Hall to the public the day before
and the day after Christmas Day and New Year's Day.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council) Received, Reviewed and Filed City Clerk's Passport Acceptance Facility
Operations Report for the Period of April 2003 through September 2003 (100.30) —
Councilmember Sullivan requested that this agenda item be removed from the Consent
Calendar to comment on the profits generated and to thank the City Clerk's Office, as waiting
times are long at the Post Office.
A motion was made by Sullivan, second Houchen to Receive, review and file the Passport
Acceptance Facility Report showing net profit of $33,796.34 for the period of April 2003 through
September 2003, as prepared and submitted by the Office of the City Clerk.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council) Approved Hosting of Pacific Shoreline Marathon Run on February 1, 2004
and Adopted Resolutions No. 2003-83 Requesting CalTrans Approve Street Closure of
Pacific Coast Highway and Resolution No. 2003-84 for Temporary Closure of Local,
Inland Streets (800.60)
The City Council considered a communication from the Community Services Director informing
Council that resolutions are required to close Pacific Coast Highway and inland streets to
operate the event in Huntington Beach on Sunday, February 1, 2004.
A motion was made by Houchen, second Cook to:
Recommended Action: Motion to:
1. Adopt Resolution No. 2003-83 — "A Resolution of the City Council of the City of Huntington
Beach Requesting CalTrans Approve the Closing of Pacific Coast Highway for the
Huntington Beach Pacific Shoreline Marathon Run,"
and
2. Adopt Resolution No. 2003-84- "A Resolution of the City Council of the City of Huntington
Beach for the Temporary Closure of Portions of Goldenwest Street, Garfield Avenue,
Edwards Street, Ellis Avenue, Talbert Avenue, Seapoint Street, Inlet Drive, Overlook Drive,
Summit Drive, Varsity Drive, and Central Park Drive for the Pacific Shoreline Marathon
Run. "
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(28) November 17, 2003 - Council/Agency Minutes - Page 28
(City Council) Not Adopted - Resolution No. 2003-85 Ordering Submission to Voters of
City Measure for a Proposed Charter Amendment for the Creation of Seven Councilmanic
Districts, Elected by District, and Imposition of Lifetime Two -Term Limit to Commence
with November 2004 General Municipal Election (Adds Measure to March 2004 Special
Municipal Election) (620.20)
The City Council considered a communication from the City Attorney and the City Clerk
requesting if Council shall submit to the voters the following proposed City Charter Amendment
at the March 2, 2004 election:
Shall the Huntington Beach City Charter be amended,
commencing with the November 2004 General Municipal
Election, to provide for: (1) dividing the City into seven
YES
separately elected City Council districts instead of the
existing City-wide election at -large; and (2) proposing an
eight -year (two four year terms) lifetime limit on a
councilmember's term of office, instead of the existing
limit of two consecutive four year terms?
NO
A motion was made by Green, second Coerper to adopt Resolution No. 2003-85 - "A
Resolution of the City Council of the City of Huntington Beach Ordering Submission to the
Qualified Electors of the City a Certain Measure Relating to the Amendment of the City Charter
to Provide for the Election of Seven Councilmembers Each by District, Instead of the Existing
Seven Councilmembers Elected at Large, and to Impose a Lifetime Two Term Limit on Elected
Councilmembers Instead of the Existing Consecutive Two Term Limit." (No vote was taken on
this original motion on the table.)
Councilmember Cook suggested amendment to the resolution to change a few districts in order
that Councilmembers who have served the longest have the two-year terms, rather that those
recently elected in 2002.
City Attorney Jennifer McGrath presented the districts for the two and four year terms as
follows: Districts 4, 6,and 7 as two-year districts and 1,2,3 and 5 as four-year districts.
A motion was made by Cook, second Boardman to amend (prior to voting on the actual
resolution) Res. No. 2003-85 to change Districts 4, 5 and 7 to two-year districts and 1,2,3
and 6 as four -year -districts.
The motion carried by the following roll call vote:
AYES: Sullivan, Boardman, Cook, Houchen, Hardy
NOES: Coerper, Green
ABSENT: None
Councilmembers discussed reasons for support of the proposed item, including the belief that
seven members would be more beneficial to the city than a five member district would be.
(29) November 17, 2003 - Council/Agency Minutes - Page 29
Councilmembers in opposition stated they could not support the districting measure in any
version.
A motion was made by Green, second Coerper to adopt Resolution No. 2003-85 - "A
Resolution of the City Council of the City of Huntington Beach Ordering Submission to the
Qualified Electors of the City a Certain Measure Relating to the Amendment of the City Charter
to Provide for the Election of Seven Councilmembers Each by District, Instead of the Existing
Seven Councilmembers Elected at Large, and to Impose a Lifetime Two Term Limit on Elected
Councilmembers Instead of the Existing Consecutive Two Term Limit," as amended.
Prior to the vote, Councilmember Sullivan expressed his belief that the public overwhelmingly
supports districts and if this proposed resolution is not adopted then the five district option would
be disastrous to the city.
The motion failed by the following roll call vote:
AYES: Sullivan, Coerper, Green
NOES: Boardman, Cook, Houchen, Hardy
ABSENT: None
(City Council) No Action Taken - Resolution No. 2003-86 Setting Priorities for Written
Arguments to Proposed City Measure as a City Charter Amendment for the Creation of
Seven Councilmanic Districts, Elected by District, and Imposition of Lifetime Two -Term
Limit to Commence with November 2004 General Municipal Election and Directing City
Attorney to Prepare an Impartial Analysis to Said City Measure to March 2004 Special
Municipal Election (620.20)
Due to the failure of Resolution No. 2003-85 in the preceding agenda item, no action was taken
with regards to the communication from the City Attorney and the City Clerk transmitting
Resolution No. 2003-86 Setting Priorities for Filing a Written Argument Regarding a City
Measure (a Proposed Charter Amendment) and Directing the City Attorney to Prepare an
Impartial Analysis of Said Measure.
(City Council) Approved for Introduction Ordinance No. 3622 Amending Chapter 5.50 of
the Huntington Beach Municipal Code Pertaining to Regulation of Mobile Vendors
(640.10)
The City Council considered a communication from the City Attorney requesting modification of
the Huntington Beach Municipal Code Chapter 5.50 regulating mobile vendors.
After the City Clerk read by title, a motion was made by Boardman, second Cook to approve
introduction of Ordinance No. 3622 — "An Ordinance of the City of Huntington Beach Amending
Chapter 5.50 of the Huntington Beach Municipal Code Relating to Mobile Vending." (Modifies
distance mobile vending is permitted from school, playground, or park from 500 feet to 300 feet;
and designates Planning Department as permitting authority instead of City Treasurer.) The
motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(30) November 17, 2003 - Council/Agency Minutes - Page 30
(City Council) Approved for Introduction Ordinance No. 3623 Repealing Chapter 9.64 and
adding Chapter 9.90 to the Huntington Beach Municipal Code Relating to Door -to -Door
Solicitations (640.10)
The City Council considered a communication from the City Attorney requesting repeal of the
Huntington Beach Municipal Code Chapter 9.64 which regulates registration of canvassers and
replace it with a more updated ordinance which conforms to current state and federal law and is
therefore more enforceable.
After the City Clerk read by title, a motion was made by Boardman, second Coerper to approve
introduction of Ordinance No. 3623 — "An Ordinance of the City of Huntington Beach Amending
the Huntington Beach Municipal Code by Deleting Chapter 9.64 in its Entirety (Registration of
Canvassers) and Adding Chapter 9.90 Relating to Door -to -Door Solicitation." (Update
ordinance to conform to current state and federal law) The motion carried by the following roll
call vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
(City Council) Announcement Re: the Main Street Christmas Parade Fundraising —
Shelter for Women (120.85)
Councilmemeber Houchen announced Main Street Christmas Parade fundraising for shelter for
women.
(City Council) Announcement for Bail for Councilmember Coerper to Get Out of Jail as a
Muscular Dystrophy Fundraiser (120.85)
Councilmember Coerper asked for donations to bail him out of jail, which will raise money for
the cure of Muscular Dystrophy.
(City Council) Announcement of Circle View School Celebration as a Blue Ribbon School
(120.85)
The Council reminded all of the celebration for Circle View School, which is one of the only
three schools in the County to be designated a Blue Ribbon School.
(City Council) Announcement of a Community Meeting Scheduled to Reduce 1-405 Traffic
Problem (120.85)
Meeting to Reduce traffic problems 1-405. 4:30 to 7:30 in the Central Library.
(31) November 17, 2003 - Council/Agency Minutes - Page 31
Adjournment — City Council/Redevelopment Agency
Mayor Boardman adjourned the regular meetings of the City Council/Redevelopment Agency of the
City of Huntington Beach to Monday, November 17, 2003, at 5:00 p.m., in Room B-8 Civic Center,
2000 Main Street Huntington Beach, California.
City Clerk -Clerk
zow�z_' 69&��'V
City ler and ex-officio ClepK of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
Mayor -Chairman